Loading...
1989-013-RES WHEREAS, CITY COUNCIL ON 14TH DAY OF OCTOBER 1985 PASSED RESOLUTION NO. Rq_011 WHEREAS, the City Council of the City of Paris did heretofore on the 14th day of October, 1985, pass Resolution No. 85-084 authorizing the execution of a 35 year lease with Eric S. Clifford and Victor Abeles for property located at Cox Field, Paris, Texas; and, WHEREAS, it was recently discovered error improperly called for City of Paris the event it became necessary for the City this lease after the expiration of 25 contemplated by the parties at the time of agreement; and, that a typographical payment to Lessee in of Paris to terminate years which was not the execution of this WHEREAS, the corrected lease attached hereto as Exhibit A provides for no payment of the City of Paris to Lessee after the expiration of the first 25 years of the lease and should be in all things approved as to form; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager, Michael E. Malone, be, and is hereby authorized and directed to execute the Corrected Lease Agreement with Eric S. Clifford and Victor Abeles for property located at Cox Field, Paris, Texas, attached hereto as Exhibit A. Passed and adopted this 13th day of February, 1989. ATTEST: Protem ~rv.~,.,.~~,~~~~ attie Cunning am, C~ y C e FORM: , City Attorney CORRECTED LEASE AGREEMENT COUNTY OF LAMAR STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized hereinafter referred to as Lessor, and ERIC S. CLIFFORD, 810 Lamar Avenue, Paris, Texas, and VICTOR ABELES, of Lamar County, Texas, hereinafter referred to as Lessees, WIT N E SSE T H For and in consideration of the payment of the sum of TWENTY FOUR THOUSAND AND NO/lOO $24,000.00) DOLLARS, payable to the CITY OF PARIS, a municipal corporation, as follows: $200.00 on or before September 1, 2010, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto ERIC S. CLIFFORD and VICTOR ABELES, that portion of Cox Field property described in Exhibit "A", attached hereto and made a part hereof for all legal purposes. The term of this lease is for Thirty-five (35) years, beginning on the 1st day of September, 1985, and ending on the 31st day of August, 2020. It is further agreed to by Lessor and Lessees that Lessees shall have the option to renew such Lease for an additional period of ten (10) years, the rental for the renewal to be based on the fair market value at the time of renewal, being the approximate date of September, 2020. IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessees: I. That Lessees Dav to Lessor. or order. at the City Hall Book 308, Page 287, Deed Records of Lamar County Texas to which reference is made for all purposes. 3. That Lessees, their successors or assigns, agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessees shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 4. That Lessees, their successors or assigns agree that (i) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subj ected to discrimination in the use of said facilities; (ii) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations 6. That Lessees will abide by and comply with all rules, regulations, ordinances and laws pertaining to the use of the airport located at Cox Field, including but not limited to the City of Paris Airport, Manual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of the State of Texas governing citizens and property within the City of Paris. 7. That Lessees will use that portion of such premises in his possession for private hangar space, for aeronautical activities for which he holds permit issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. Further, it is hereby agreed by and between Lessor and Lessees that Lessees shall be permitted to sublease any or all portions of the premises described in attached Exhibit "A" for private hangar space and for aeronautical activities for which sublessee holds a permit issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. 8. That, if in the course of using such premises for the permitted purposes, Lessees desires to build, at his own expense, a hangar building and apron in pursuit of such uses, Lessees will be so permitted upon application and approval for building permit from the City of Paris, of all steel construction, similar in appearance and construction to the existing enclosed hangars in accordance with the floor plan of 40' x 50', and such structure will not violate any of the rules or regulations of the City of Paris, or the Federal Aviation Administration. It being agreed and understood that Lessees shall be responsible for electric utilities furnished to the hangar building during the term of November, 2013. In the event that final termination of said lease occurs during the final TEN (10) years of said lease, there shall be no payment due lessee. 9. That Lessees will take good care of the leased premises and be responsible and make good to Lessor all injuries and damages to the same cause by Lessees or those under him and will deliver same to Lessor and the expiration or termination of this lease in as good condition as when completed, usual wear and tear along excepted; and Lessees will, upon the expiration of this lease, peaceably yield up to Lessor all and singular the premises and all future erections, additions or repairs to or upon same, in good repair, including but not limited to hangar buildings, storage buildings, permanent installation of equipment and fixture and fences. 10. That is shall be lawful for Lessor's Airport Manager to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 11. That Lessees has the right to assign this lease or sublet any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this lease. 12. That Lessees agrees to indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring on the leased premises resulting from Lessee's, his invitees, agents, servants or employee's use, and Lessor shall not be liable to Lessees, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the keep and maintain in full force and effect a policy or policies of insurance providing at least $100,000.00 per person and $300,000.00 for any destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of Lessees, his invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessees or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof. 13. Lessees will not rent the premises or any part thereof for aircraft storage unless a permit under Article II, Chapter 6, of the Code of Ordinances of the City of Paris, has been issued to him for that specific purpose. 14. That Lessees will not use or permit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by Airport Manager. 15. Should Lessees default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice hereof shall be given in writing to Lessees by Lessor's Airport Manager, giving Lessees thirty (30) days to correct such discrepancy, and in the event of such shall recommend to the City Council that the Lease continue or be terminated, and thereafter the City Council shall take such action as it deems necessary. 16. That the City, may at its option, terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the City desired to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities. In the event of either of the above contingencies the City shall give the Lessees ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. In the event of either of the above contingencies, the City shall have the option pursuant to Paragraph 8 of this lease to satisfy their obligation of compensation to Lessees. 17. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of Lessees. EXECUTED ON the dates shown in acknowledgements below. LESSOR: CITY OF PARIS BY: MICHAEL E. MALONE, City Manager ATTEST: MATTIE CUNNINGHAM, City '{:LerK APPROVED AS TO FORM: T. K. HAYNES, City Attorney STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1988. Notary Public in and for the State of Texas Commission Expires Printed Name STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of December, 1988. Notary Public in and for the State of Texas Commission Expires Printed Name STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared VICTOR ABELES, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of December, 1988. day Notary Public in and for the State of Texas Commission Expires Printed Name