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: