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1988-112-RES WHEREAS, the City Council of the City of Paris, has received a request from ERIC S. CLIFFORD to leaseRESOLUTION NO. 88-112 WHEREAS, the City Council of the City of Paris, has received a request from ERIC S. CLIFFORD to lease property at Cox Field, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; 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 35 year lease with Eric S. Clifford for property located at Cox Field, Paris, Texas, upon the terms and conditions and upon the form attached hereto as Exhibit "A ". Passed and adopted this 14th day of November, 1988. Curtis Fend ey, Mayor PTO Tem r ATTEST: Mattie Cunningham, Cit. Clerk- APPROVED AS TO FORM: T. K. aynes'City Attorney LEASE AGREEMENT STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation, acting by and through the City Manager, MIKE MALONE, duly authorized, hereinafter referred to as Lessor, and ERIC S. CLIFFORD, of Lamar County, Texas, hereinafter referred to as Lessee, W I T N E S S E T H For and in consideration of the payment of the sum of TWELVE THOUSAND AND N01100 DOLLARS ($12,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $100.00 on or before November 1, 1998, 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 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 Twenty -Five (25) years, beginning on the 1st day of November, 1988 and ending on the 30th day of October, 2013. It is further agreed to by Lessor and Lessee that Lessee shall have the option to renew such lease for an addition 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 November, 2013. IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessees: 1. That Lessees pay to Lessor, or order, at the City Hall in the City of Paris, the agreed rental in advance, promptly and 3. That Lessee, his successors or assigns, agree that in the event facilities are constructed, maintained, or otherwise operated on 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 provisions of similar services or benefits, the Lessee 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 subjected to discrimination in 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 subject to discrimination; (iii) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title Code 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. 5. That Lessee shall comply with all conditions and 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 Lessee 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 Lessee that Lessee 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. g. That, if in the course of using such premises for the permitted purposes, Lessee desires to build, at his own expense, a hangar building and apron in pursuit of such uses, Lessee 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 Lessee shall be responsible for electric utilities furnished to the hangar building during the term of this lease. In the event of a termination of this lease by the City of Paris, as permitted herein during the first TWENTY -FIVE (25) years of said lease, the City of Paris will be obligated to 9. That Lessee 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 Lessee 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 Lessee 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 Lessee 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 Lessee 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 Lessee, his invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; Lessee hereby waives any defects therein and agrees to hold and save Lessor harmless from all claims for $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 Lessee, 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 Lessee 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. Lessee 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 Lessee 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 Lessee 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 Lessee by Lessor's Airport Manager, giving Lessee thirty (30) days to correct such discrepancy, and in the event of such default, failure or refusal is not corrected within said thirty (30) day period, a second notice in writing by certified mail, 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 desires 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 to 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 Lessee. 17. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of Lessee. EXECUTED on the dates shown in acknowledgments below. ATTEST: CITY CLERK APPROVED AS TO FORM: T. K. HAYNES, CITY ATTORNEY LESSOR: CITY OF PARIS BY: MIKE MALONE, CITY MANAGER LESSEE: THE STATE OF TEXAS ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared MIKE 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 be 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 , 1988. THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the appeared ERIC S. name is subscribed to be that he consideration ther stated. NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES: NOTARY'S PRINTED NAME: undersigned authority, on this day personally CLIFFORD, known to me to be the person whose to the foregoing instrument, and acknowledged executed the same for the purposes and =_in expressed, and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1988. NOTARY PUBLIC, STATE OF TEXAS MY COMMISSION EXPIRES: NOTARY'S PRINTED NAME: