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1988-009-RES WHEREAS, the City Council did heretofore in Resolution No. 85-003, dated January 14, 1985, authorize RESOLUTION NO. 88-009 WHEREAS, the City Council did heretofore in Resolution No. 85-003, dated January 14, 1985, authorize the leasing of certain Cox Field Airport facilities to Roger Sadler, d/b/a Saber Aviation; and, WHEREAS, said lease was thereafter amended as authorized in Resolution No. 86-130 dated December 8, 1986, and No. 87-071 dated July 13, 1987; and, WHEREAS, ~og~r Sadler d/b/a Saber Aviation is requesting perm~ss~on to assign said lease as amended, utilizing the form of assignment attached hereto as Exhibit A to J. B. Richey, Inc.; and, WHEREAS, J. B. Richey, Inc., has requested amendment of said lease in the form of Exhibit B attached hereto; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that said assignment and amendment be approved and executed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That Roger Sadler, d/b/a Saber Aviation is hereby granted permission to assign his lease with the City of Paris to J. B. Richey, Inc., using the form of assignment attached hereto as Exhibit A, and the Mayor of the City of Paris, Billy Joe Burnett, is hereby authorized and directed to approve said assignment. BE IT FURTHER RESOLVED, That J. B. Richey, Inc.' s amended lease form attached hereto as Exhibit B is hereby approved and the Mayor of the City of Paris, Billy Joe Burnett, on behalf of the City of Paris is authorized to execute the same. Passed and adopted this 8th day of February, 1988. Bi ATTEST: ~t\~'-., ~~~ Mattie Cunning am, Cit C er ity Attorney THE STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ ASSIGNMENT OF LEASE I, ROGER SADLER, d/b/a SABER AVIATION, of Lamar County, Texas, do hereby transfer, assign and convey unto J. D. RICHEY, INC., all of my right title and interest as Lessee under the terms of a Lease Agreement dated January 14, 1985, with the City of Paris, a copy of which lease as amended, is attached hereto as Exhibit "A" and incorporated herein for all necessary purposes. The rights herein conveyed are given subject to J. D. Richey, Inc., complying with the obligations set forth in said Lease as amended. DATED this 8th day of February, 1988. Roger Sadler, d/b/a Saber Aviation APPROVED: CITY OF PARIS By: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk The terms of the above assignment are accepted by J. D. Richey, Inc., Assignee, and it does agree to indemnify, save, keep and hold harmless Roger Sadler, d/b/a Saber Aviation, Assignor, from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damages resulting under the lease as amended, attached hereto as Exhibit A and the above assignment thereof. COX FIELD FIXED BASE OPERATOR LEASE THE STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: This contract and lease agreement is made by and between the City of Paris, a municipal corporation located in Lamar County, Texas, acting by and through its Mayor Joe Graham, duly authorized, hereinafter called "lessor" and Roger Sadler d/b/a Saber Aviation, hereinafter called "lessee." Witnesseth" Whereas, lessor owns and operates Cox Field, herein- after called "airport", located in the County of Lamar, State of Texas, and Whereas, lessor deems it advantageous to itself and to its operation of the airport to lease unto lessee certain privileges, rights, uses and interests therein, as herein- after set out; and Whereas, lessee proposes to lease on a generally net basis from lessor certain ground space, and to avail itself of certain privileges, uses and rights pertaining thereto; and Whereas, lessee has indicated a willingness and ability to properly keep and maintain said premises in accordance with standards established by lessor; and Now, therefore, know all men by these presents: ARTICLE I PREMISES, PRIVILEGES AND CONDITIONS That for and in consideration of the terms, conditions and covenants of this lease to be performed by lessee, all of which lessee accepts, lessor hereby leases to lessee and lessee hereby hires from lessor certain property, together with any improvements thereon, hereinafter called "demised premises", and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. Description of Premises Demised. The demised premises are 16' by 29' outlined in red on the plat marked 'Exhibit "A" and the area outlined in red on the plat marked Exhibit "B" and the personal property described on Exhibit "C," all Exhibits being attached hereto and incorporated herein for all purposes. B. Description of General Privileges, Uses and Rights. Lessor hereby grants to lessee the following general privileges, uses and rights, in common with others, all of which shall be subject to the terms, conditions and covenants hereinafter set forth and all of which shall be nonexclusive on the airport: or incidental to said business or operation, as herein defined. For the purpose of this lease, "public airport facilities" shall include all necessary landing area appurtenances, including, but not limited to, approach areas, runways, taxiways, public aprons, public automobile parking areas, public roadways, public sidewalks, navigational and avigational aids, lighting facilities, public terminal facil- ities or other public facilities appurtenant to said airport. (2) The right of ingress to and egress from the demised premises over and across public roadways serving the airport for lessee, its agents, employees, servants, patrons, invitees, suppliers of service and furnishers of material. (3) The right to maintain and rent daily, weekly or monthly bas is, located in the areas outlined in B. to others on a tie down spaces blue on Exhibit (4) Said rights above shall be subject to such ordi- nances, rules and regulations as now or may hereafter have application at the airport. C. Description of Specific Privileges, Uses and Rights. In addition to the general privileges, uses and rights hereinabove described and without limiting the generality thereof, lessor hereby grants to lessee the right to engage in commercial aviation activities, as defined in paragraph d below, subject to the conditions and covenants hereinafter set out. D. Definition of Commercial Aviation Activities and Fixed Base Operation. "Commercial Aviation Activities and Fixed Base Operation" are hereby defined as those activities which involve the sale of aviation services for profit to the general public. Said aviation services shall include: (1) The loading and unloading of aircraft in any lawful activity as incidental to the conduct of any services or operations outlined in this paragraph. (2) The maintenance, repair and storage of aircraft, which shall include overhauling. rebuilding, repa~r~ng, inspection and licensing of same, and the purchase and sale of parts, equipment and accessories therefor. (3) The operation of a business of buying and selling aircraft and parts and accessories therefor, and aviation equipment of all descriptions either at retail, wholesale or as dealer. (4) The training on the airport of personnel in the emp~oy of lessee and/or lessee's tenants and herein, subject, however, to the conditions herein generally or particularly set forth. (6) The operation and sale of sightseeing service. (7) The operation and sale of aerial survey, photo- graphy and mapping services. (8) The operation of nonscheduled air taxi and charter transportation of passengers. (9) The operation of schools for the instruction of flying, navigation, mechanics, aerial survey, photography, aircraft design, theory and con- struction. (10) The renting and leasing of space in hangars or tie down areas existing or to be constructed hereunder for the private storage of aircraft on a daily, weekly, monthly or annual basis. (11) Subject to the prior written approval of lessor, the undertaking of any phase of aviation activity in any way contributing to air transportation or aerial navigation. (12) Renting and leasing of ground transportation not to include taxi service. (13) Miscellaneous sales and counter sales. E. Conditions of Granting Lease. The granting of this lease is conditioned upon the following covenants: (1) That lessee 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. (2) That the lease is subject to all the terms, provisions and conditions of the deed of con- veyance of such premises from the United States of America to the City of Paris, recorded in Book 308, Page 287 Deed Records of Lamar County, Texas, to which reference is made for all purposes. (3) That lessee, his successors or assigns, agrees 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 benefi_ts, the lessee shall maintain and operate (4) That lessee, his successors or ass igns, agrees that (1) no person on the grounds of race, color or national origin shall be excluded from par- ticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) 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, (3) that the lessee 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 may be amended. (5) That lessee shall comply with all conditions an requirements established in Department of Trans- portation, Federal Aviation Administration, Grant Agreements No. 8-48-0169-02 and No. 6-48-0169-03. (6) That lessee will use such premises for aero- nautical activities for which he 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. ARTICLE II Obligations of Lessor A. Clear Title. Lessor covenants and agrees that at and until the granting of this lease it is well seized of the leased premises and has good title thereto, free and clear of all liens and encumbrances having priority over this lease; and that lessor has full right and authority to lease the same as herein set forth. Lessor further covenants that all things have happened and been done to make its granting of said lease effective and lessor warrants to lessee peaceful possession and quiet enjoyment of the leased premises during the term hereof, upon performance of lessee's covenants herein. B. Operation as a Public Airport. Lessor covenants and agrees that during the term of this lease it will operate and maintain the airport and its public airport facilities, as defined hereinabove, as a public airport consistent with and pursuant to the sponsor's assurances given by lessor to the United States Government through the Federal Airport Act. C. Condition and Maintenance of Premises. Upon execution of this agreement, lessor shall assume no further air conditioning filters and other maintenance items used by lessee in maintaining the public access including but not limited to the terminal. D. Aeronautical Activity Permit. Upon the execution of this agreement, lessees making application for aero- nautical activity permit, and meeting the requirements for such permit the City of Paris will issue such permi.t or permits. to be areas ARTICLE III Obligations of Lessee A. Net Lease. Except as herein specifically pro- vided, the use and occupancy of the demised premises by lessee shall be without cost or expense to lessor. It shall be the sole responsibility of lessee to keep, maintain, repair and operate the entirety of all the premises leased hereunder and all improvements and facilities thereon at lessee's sole cost and expense. B. Minimum Hours of Operation. Lessee shall maintain FBO and fuel sales operation from 8:00 A.M. to 5:00 P.M. from October 1 through March 31 and from 8:00 A.M. to dark from April 1 through September 30. C. Purchase of Equipment. Lessee shall purchase the fuel truck described on Exhibit D at the price shown thereon with payment of same to be made on or before the 10th day of the month following the month in which the total purchase price is delivered in form of a City of Paris statement. Thereafter, said truck shall be depreciated in accordance with the schedule stated on said exhibit. In the event that lessee fails to perform as required in this contract, then the lessor shall re-purchase said fuel truck paying therefor the price established by said depreciation schedule which recognizes a salvage value of $2,400. D. Purchase of Inventory. Lessee shall purchase the inventory of aviation gasoline, jet fuel, oil and prist additive for jet fuel in possession of lessor on the begin- ning date of this lease. The purchase price of said products is to be City of Paris' cost as shown on latest invoice on which such product was purchased with payment of same to be made on or before the 10th day of the month following the month in which the total purchase price is delivered in form of a City of Paris statement. E. Conditions of Premises. Lessee accepts all the premises demised hereunder in their present condition, and, without expense to lessor, will repair and maintain any installation thereon, and remove or cause to be removed any debris to the extent required to keep said premises in a neat and presentable condition at all times. F. Obligation to Construct. Lessee, at his sole cost and expense, shall provide for the location, construction, erection and maintenance of improvements upon the demised premises for the purpose of carrying out the activities All plans and specifications for the construction of buildings and improvements and other facilities contem- plated hereunder shall be prepared by lessee as hereinafter set out and shall require the written approval of lessor before any construction or installation may be undertaken. G. Recovery of Capital Expenditure. As a part of the consideration hereof, lessor agrees lessee shall have the right to recover his capital expenditure for newly con- structed buildings by use thereof during the depreciated life of the same as mutually agreed to by lessor and lessee. H. Minimum Improvement Standard. As part of the consideration hereof, lessee further covenants and agrees that all improvements hereunder shall be constructed in accordance with plans and specifications approved by the City Engineer and shall be subject to his inspection. I. Submission of Plans. Lessee shall submit to lessor final plans and specifications for the construction of the improvements and facilities contemplated hereunder. All plans, specifications and work shall be subj ect to the approval of the City Engineer and must conform to all local, s tate and federal codes, laws, ordinances and regulations now in force or hereafter prescribed by authority of law. Lessee shall at its sole cost and expense obtain all necessary licenses and permits. J. Minor Repair and Refurbishing. Lessee shall inform the airport manager of proposed refurbishing, repair and minor improvements none of which threaten the structural integrity of facilities three (3) days in advance of the proposed improvements and such improvements will be disap- proved within 24 hours; otherwise, lessee I s proposed improvements may be commended and completed. K. Construction Schedule. Lessee shall proceed in a reasonably diligent manner to complete construction. Upon completion of construction, title to all permanent improvements shall vest in lessor. All other improvements of a nonpermanent nature, and all trade fix- tures, machinery and furnishings made or installed by lessee may be removed from the leased premises at any time by lessee except as otherwise provided in this lease. L. Maintenance. Lessee shall, at its sole cost and expense, maintain all the premises demised hereunder, and the improvements and appurtenances thereto, in a presentable condition consistent with good business practice in a safe, neat, sightly and good physical condition. Lessee shall repair all damages to said premises caused by its employees, patrons, or its operation thereon; shall maintain and repair all equipment thereon, except as herein otherwise speci- fically provided, including any buildings and improvements; and shall repaint its own buildings and facilities as necessary. Lessee agrees that in the event it shall become necessary to make changes within the area covered bv thi,; perform whatever maintenance lessor deems necessary. If such maintenance is not undertaken by lessee within ten (10) days after receipt of written notice, lessor shall have the right to enter upon the demised premises and perform such maintenance, the cost of which shall be borne by lessee. M. Grounds Maintenance. Lessee shall maintain the grounds on Exhibit "B" as follows: (1) Those areas in green at a vegetation level not to exceed 7% inches. (2) Those areas depicted in brown shall be maintained at a vegetation level not to exceed 4% inches. (3) Keep the vegetation around runway and taxiway light to a maximum of 3 inches for distance of at least l~ feet. (4) Keep hedges trimmed in keeping with the landscape design. N. Commercial Aviation agrees that any commercial premises shall be conducted courteous manner. Lessee activity on the airport. Operations by Lessee. Lessee aviation operations on the in a proper, efficient and agrees to promote aviation Lessee further agrees that all said services shall be furnished on a fair, equal and nondiscriminatory basis to all users thereof, and that only fair, reasonable and nondiscriminatory prices for each unit of sale or service will be charged. o. Utilities. Lessee shall assume and pay for all costs or charges for utility services furnished to lessee during the term thereof, except that lessee shall not pay for water, electricity or gas being furnished to the terminal and incidentally to lessee. Lessee shall have the right to connect to any and all storm and sanitary sewers and all water and public utilities at its own cost and expense, and lessee shall pay for any and all service charges incurred therefor. P. Trash, Fire Extinguishers, etc. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the airport of all trash, garbage, and other refuse caused as a result of the operation of its business. Lessee shall provide and use sui tab Ie covered metal recep tacles for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner on or about the demised premises shall not be permitted. Lessee shall also provide and maintain in proper condition readily accessible fire extinguishers in a number and of a type approved by fire underwriters for the par- ticular hazard involved. Q. Air Crash And Rescue Services. Lessee shall R. Signs. Lessee shall not maintain upon the outside of any improvements or elsewhere on the demised premises any billboards or advertising signs without the prior written consent of the airport manager. Flashing lighted signs shall be prohibited. S. Field Use Charges. Nothing herein shall be deemed to relieve lessee and its tenants, sublessees, patrons, invitees, and others from such field use charges, including fuel flowage fees, as are levied generally by lessor directly or indirectly at the airport. T. Meet Financial Obligations. Lessee shall meet and keep his financial obligations of his operations described herein in a current condition. Lessee shall furnish lessor with a copy of his monthly operating statement and that portion of his annual Federal Income Tax Return relating to said herein described operations. ARTICLE IV Term of Leasehold Term. The term of this lease shall be for a period of 5 years commencing January 1, 1985, and ending December 31, 1989. If lessee exercises and performs all of its duties and obligations hereunder during the term hereof, then upon applying in writing not less than six (6) months nor more than nine (9) months before the end of the said term, lessee shall have the first right for an optional term of five (5) years beginning January 1, 1990 and ending December 31, 1994, and in the event this option is exercised and Lessee exercises and performs all of its duties and obligations hereunder during the first optional term hereof, then upon applying in writing not less than six (6) months nor more than nine (9) months before the end of the said first optional term lessee shall have the right of a second optional term of five (5) years beginning January 1, 1995 and ending December 31, 1999, and then if lessee exercises and performs all of its duties and obligations hereunder during the second option term hereof, then upon applying in writing not less than six (6) months nor more than nine (9) months before the end of the said second optional term, lessee shall have the right to exercise an option for a third optional five (5) year term beginning January 1, 2000, and ending December 31, 2004. Such first, second and third optional terms to be on the same terms and conditions and rental rates as established for primary term. If lessee exercises and performs all of its duties and obligations hereunder during the primary term, the first optional term, the second optional term and the third optional term, then upon applying in writing not less than six (6) months nor more than nine (9) months before the end of the said third optional term, lessee shall have the first right of refusal to execute a new lease of the demised premises for two addi- tional consecutive five-year periods, with each lease for such additional period to be on such terms and conditions as lessor may prescribe and with the rentals provided for therein to be based on rental rates of comparable Fixed Base ARTICLE V Hangar Rental Option Option. In the event lessee exercises and per- forms all of its duties and obligations hereunder lessee is given and granted the right of first refusal to lease the City of Paris Main Hangar depicted on Exhibit "F" hereto attached. This option is available at the termination of the current lease to James M. Wrenn, Jr. ARTICLE VI RENTAL FEE A. Flowage Fee in Lieu of Rental for Ground and Equipment. As annual ground and equipment rental for real and personalty shown on Exhibit "A", "B" and "c" attached hereto Lessee shall pay to Lessor a fuel flowage fee as follows: From To Gallons Fee per Gallon 0 135,000 $ .01 135,000 200,000 .02 200,000 250,000 .03 250,000 300,000 .04 300,000 Infinity .05 B. Adjustment of Rentals. Upon written notice from lessor to lessee delivered within 30 days prior to the end of each five (5) year period during the term of this lease, lessor shall have the right but not the duty to adjust the ground rental payable hereunder to conform to rentals then prevailing at the airport for comparable ground space. C. Time of Payment. All fuel flowage fees shall be paid on or before the tenth day of the month following the month in which the sale was made. ARTICLE VII Insurance, Indemnification and Performance Security A. Fire Insurance. During the full term of this lease, lessee shall, at its sole cost and expense, cause all improvements constructed on the demised premises to be kept insured to the full insurable value thereof against the perils of explosion, fire and like perils. Said insurance shall be procured from a company authorized to do business in the State of Texas and satis- factory to lessor, and lessee shall provide evidence satis- factory to lessor that such coverage has been procured and is being maintained. The proceeds of any such insurance paid on account of any of the perils aforesaid shall be used to defrav the B. Indemnification. Lessor shall stand indemnified by lessee as herein provided. Lessee is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions, and lessor shall in no way be responsible therefor. Lessee covenants and agrees to indemnify, hold harmless and defend, at its expense, lessor, its officers, agents, servants or employees from and against any and all claims or suits for damages or injury, including death, to any and all persons or property, of whatsoever kind or character, arising out of or incident to the leasing, use, occupancy, or maintenance of the premises by lessee, its officers, agents, employees, patrons, contractors, subcontractors, licensees or invitees; and lessee does hereby assume all liability and responsi- bility of lessor, its officers, agents, servants, and employees for any and all claims or suits for damages or injuries, including death, to any and all persons or property, of whatsoever kind or character, whether real or asserted, occurring during the term of this lease in connection \~i th the use, occupancy or maintenance of the premises by lessee, its officers, agents, employees, patrons, contractors, subcontractors, licensees or invitees; and lessee hereby indemnifies and holds harmless lessor for any and all damage or destruction to lessor's property arising out of the acts or omissions of lessee, its officers, agents, employees, contractors, subcontractors, licensees, invitees, or patrons. Lessee shall pay promptly when due all bills or charges for construction or main- tenance as well as any other amounts due for material, services and labor furnished in connection herewith, and shall indemnify lessor for nonpayment of same. Lessee shall indemnify lessor against any and all mechanics' and materialmen's liens or any other type of claims or liens imposed upon the premises demised hereunder arising as a result of lessee's conduct or inactivity. C. Public Liability Insurance. Lessee shall maintain in force throughout the terms of this lease and any exten- sion thereof public liability insurance for personal injury or death and property damage in a minimum sum of One Million and No/lOO dollars ($1,000,000.00) arising out of anyone accident or other cause and furnish lessor a certificate thereof. D. Third Party Excess Liability Insurance. Lessee shall require of the petroleum product supplier a policy of third party excess liability insurance in the minimum amount of Five Million and No/100 dollars ($5,000,000.00) and that such supplier furnish to lessee who will in turn furnish to lessor a certificate thereof. E. Workers' Compensation Insurance. Lessee shall maintain in force throughout the terms of this lease and any extension thereof a policy of Workers' Compensation Insur- ance in accordance with State laws. Lessee shall maintain said insurance with insur- ance underwriters authorized to do business in the State of Texas and approved by lessor. Lessee shall furnish lessor with a certificate from the insurance carrier showing such F. Security. Lessee shall maintain for a period of three years a first lien on the Jet fuel truck described in Exhibit "D" attached hereto securing a note in the amount of Ten Thousand and No/lOO Dollars ($10,000.00) in favor of the City of Paris which will be held by the Director of Finance of the City of Paris for the faithful performance of all obligations hereunder which security is in addition to the landlords lien provided hereafter. G. Landlord's Lien. Lessee hereby gives, grants and pledges unto lessor a contractual landlord's lien upon all property, tangible or intangible, and property rights belonging to lessee now or at any time hereafter placed in or upon the demised premises to secure the prompt payment of all rentals and fees and the performance of any or all covenants and obligations to be kept and performed by lessee hereunder. ARTICLE VIII Cancellation Assignment and Transfer A. Cancellation by Lessor. This lease shall be subject to cancellation by lessor in the event lessee shall: (1) Be in arrears in the payment of the whole or any part of the amounts agreed upon hereunder for a period of fifteen (15) days after the time such payments become due. (2) Make a voluntary or involuntary assignment for the benefit of creditors. (3) File a voluntary petition in bankruptcy. (4) Abandon the demised premises. (5) Fail to replace any improvements by lessee have been destroyed by fire, explosion, within six (6) months from the date of destruction, or, which etc. , such (6) Default in the performance of any of the cove- nants, and conditions required herein. In any of the aforesaid events, lessor shall give lessee written notice of such breach or default, an lessee shall immediately correct same. If within thirty (30) days from the date of such notice, the breach or default com- plained of shall not have been corrected, then and in such event, lessor shall have the right to declare this lease immediately terminated as to the balance of the term herein, and may forcibly, if necessary, reenter and take immediate possession of the demised premises and remove or seize lessee's effects under the preference lien granted to secure performance of lessee's obligations hereunder without being deemed guilty of any nature of trespass; provided, however that in the event that subsections (2) and/or (3) occur, lessor shall not be required to give written notice to lessee, but lessee shall have thirty (30) days from the B. Assignment and Transfer. This lease shall not be assigned in whole or in part by lessee without the prior written consent of lessor and any attempted assignment without such prior written consent shall be void. C. Suspension of Lease. During the time of war or national emergency, lessor shall have the right to lease the landing area of any part of said airport to the United States Government for military or naval use. If any such lease is executed, any provisions of this instrument which are inconsistent with the provisions of the lease to the government shall be suspended. Nothing contained in this lease shall prevent lessee from pursuing any rights which lessee may have for reimbursement from the United States Government for the taking of any part of this leasehold or for any loss or damages caused to lessee by the United States Government. ARTICLE IX Rights Upon Termination Upon termination of this lease other than under Article VII, paragraph A hereof, lessee shall immediately remove all personal property from the demised premises and return the premises and improvements thereon to lessor in a good state of repair. Any property remaining on the prem- ises after termination shall, at lessor's sole option, become the property of lessor or same may be removed and/or disposed of in any manner deemed appropriate by lessor. Lessor shall not be liable in any manner for such removal and/ or disposal; and the cost and expense of such removal and/or disposition shall be paid by lessee. ARTICLE X General Provisions A. Concessions and stipulated that establishment thereof Excluded. I t is specifically agreed the following concessions and the are excluded from this lease, to-wit: (1) Taxi ground transportation for hire. (2) News. (3) Barber and valet service. (b' P_l=:oholi.c he\re::"afl:=' sale,F. B. Attorney's for the enforcement shall be entitled attorney's fees. Fees. In any action brought by lessor of the obligations of lessee, lessor to recover interest and reasonable c, C. Taxes. Lessee agrees to pay any taxes or assess- ments which may be lawfully levied agains t lessee's occu- pancy or use of the demised premises, or any improvements or ,,~;,,:..,~;~\,i:;'I.i:'~~""" ,. . E. Paragraph Headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any pro- vision of this lease. F. Notices. Notices to lessor provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed to airport manager, Cox Field, P. O. Box 1037, Paris, Texas, and notices to lessee if sent by certified mail, postage prepaid, addressed to Roger Sadler, or to such other addresses as the parties may designate to each other in writing from time to time. G. Successors and Assigns. All of the terms, cove- nants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. H. Venue. The venue of any action brought on this contract shall lie in Lamar County, Texas. Executed at Paris, Lamar County, Texas, this 14th day of January, 1985. CITY OF PARIS By Joe Graham, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney SABER AVIATION By: Roger Sadler COX FIELD FIXED BASE OPERATOR LEASE THE STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: This contract and lease agreement is made by and between the City of Paris, a municipal corporation located in Lamar County, Texas, acting by and through its Hayor Billy Joe Burnett, duly authorized, hereinafter called "lessor" and J. B. Richey, Inc. , hereinafter called "lessee." Witnesseth" Whereas, lessor owns and operates Cox Field, herein- after called "airport", located in the County of Lamar, State of Texas, and Whereas, lessor deems it advantageous to itself and to its operation of the airport to lease unto lessee certain privileges, rights, uses and interests therein, as herein- after set out; and Whereas, lessee proposes to lease on a generally net basis from lessor certain ground space, and to avail itself of certain privileges, uses and rights pertaining thereto; and Whereas, lessee has indicated a willingness and ability to properly keep and maintain said premises in accordance with standards established by lessor; and Now, therefore, know all men by these presents: ARTICLE I PREMISES, PRIVILEGES AND CONDITIONS That for and in consideration of the terms, conditions and covenants of this lease to be performed by lessee, all of which lessee accepts, lessor hereby leases to lessee and lessee hereby hires from lessor certain property, together with any improvements thereon, hereinafter called "demised premises", and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. Description of Premises Demised. The demised premises are 16' by 29' outlined in red on the plat marked Exhibit "A" and the area outlined in red on the plat marked Exhibit "B" and the personal property described on Exhibit "C," all Exhibits being attached hereto and incorporated herein for all purposes. B. Description of General Privileges, Uses and Rights. Lessor hereby grants to lessee the following general privileges, uses and rights, in common with others, all of which shall be subject to the terms, conditions and covenants hereinafter set forth and all of which shall be or incidental to said business or operation, as herein defined. For the purpose of this lease, "public airport facilities" shall include all necessary landing area appurtenances, including, but not limited to, approach areas, runways, taxiways, public aprons, public automobile parking areas, public roadways, public sidewalks, navigational and avigational aids, lighting facilities, public terminal facil- ities or other public facilities appurtenant to said airport. (2) The right of ingress to and egress from the demised premises over and across public roadways and airport property serving the airport for lessee, its agents, employees, servants, patrons, invitees, suppliers of service and furnishers of material. (3) Said rights above shall be subject to such ordi- nances, rules and regulations as now or may hereafter have application at the airport. C. Description of Specific Privileges, Uses and Rights. In addition to the general privileges, uses and rights hereinabove described and without limiting the generality thereof, lessor hereby grants to lessee the right to engage in commercial aviation activities, as defined in paragraph d below, subj ect to the conditions and covenants hereinafter set out. D. Definition of Commercial Aviation Activities and Fixed Base Operation. "Commercial Aviation Activities and Fixed Base Operation" are hereby defined as those activities which involve the sale of aviation services for profit to the general public. Said aviation services shall include: (1) The loading and unloading of aircraft in any lawful activity as incidental to the conduct of any services or operations outlined in this paragraph. (2) The training on the airport of personnel in the employ of lessee and/or lessee's tenants and sublessees and the training on the airport of members of the general public as students, or otherwise in any art, science, cratt or skill pertaining directly or indirectly to aircraft. (3) The operation and sale of sightseeing service. (4) The operation and sale of aerial survey, photo- graphy and mapping services. (5) The operation of schools for the instruction of flying, navigation, aerial survey, photography, aircraft design, theory and construction. ~ , . .......1- _ ___~ ___ ___.! ..........__ ____...........1 .....+: 1..................... E. Conditions of Granting Lease. The granting of this lease is conditioned upon the following covenants: (1) That lessee will abide by and comply with all rules, regulations, ordinances and laws pertaining to th" use of the airport located at Cox Field, including but not limited to the City of Paris Airport t1anual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will Flbide by and complv \"ith all ordinances of the Citv of Paris and all laws of the State of Texas governing citizens and property within the City of Paris. (2) That the lease is subject to all the terms, provi.sions and conditions of the deed of con- veyance of such pr"mis"g from the United StAt"s of America to the City of Pari~, ,,,corded in nook 308, Page 287 Deed Records of Lamar County, Texas, to which reference is made for all purposes. (3) That lessee, his successors or assigns, agrees that in the event facilities are constructed, maintained, or otherwise operd~ed on the said prop Arty dRscribed in this lRase for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provis iOll or s Lnila r s-erviJ'."s or b-e""fits, the lessee shall '11aintain and operate such facilities anti sf>rvices in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secre- tary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Trans- portation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (4) That lessee, his successors or assigns, agrees that (1) no person on the grounds of race, color or national origin shall be excluded from par- ticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) 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, (3) that the lessee 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 may be amended. Article II of Chapter 6 of the Code of Ordinances of the City of Paris. ARTICLE II Obligations of Lessor A. Clear Title. Lessor covenants and agrees that at and until the granting of this lease it is well seized of the leased premises and has good title thereto, free and clear of all liens and encumbrances having priority over this lease; and that lessor has full right and authority to lease the same as herein set forth. Lessor further covenants that all things have happened and been done to make its granting of said lease effective and lessor warrants to lessee peaceful possession and quiet enjoyment of the leased premises during the term hereof, upon performance of lessee's covenants herein. B. Operation as a Public Airport. Lessor covenants and agrees that during the term of this lease it will operate and maintain the airport and its public airport facilities, as defined hereinabove, as a public airport consistent with and pursuant to the sponsor's assurances given by lessor to the United States Government through the Federal Airport Act. C. Condition and Maintenance of Premises. Upon execution of this agreement, lessor shall not assume respon- sibility or liability as to the condition of the premises and personality demised hereunder and shall not assume responsibility or liability for maintenance, upkeep, or repair necessary to keep said premises in a safe and serviceable condition, and that lessor shall maintain the exterior and the public access areas of the airport terminal buildings, crash truck and the runway and taxiways, painting and lettering, furnishing of light bulbs, toilet paper, towels, wax, buffer, window panes, paint and buckets, air conditioning filters and other maintenance items to be used by lessee in maintaining the public access areas including but not limited to the terminal. D. Aeronautical Activity Permit. Upon the execution of this agreement, lessees making application for aero- nautical activity permit, and meeting the requirements for such permit the City of Paris will issue such permit or permits. ARTICLE III Obligations of Lessee A. Net Lease. Except as herein specifically pro- vided, the use and occupancy of the demised premises by lessee shall be without cost or expense to lessor. It shall be the sole responsibility of lessee to keep the terminal building clean, at lessee's sole cost and expense. removed any debris to the extent required to keep said premises in a neat and presentable condition at all times. D. Minor Repair and Refurbishing. Lessee shall inform the airport manager of proposed refurbishing, repair and minor improvements none of which threaten the structural integrity of facilities three (3) days in advance of the proposed improvements and such improvements will be disap- proved wi thin 24 hours; otherwise, lessee's proposed improvements may be commended and completed. E. Maintenance. Lessee shall, at its sole cost and expense, maintain all the premises demised hereunder, and the improvements and appurtenances thereto, in a presentable condition consistent with good business practice in a safe, neat, sightl~T and good physical condition. Lessee shall repair all damages to said premises caused by its employees, patrons, or its operation thereon; shall maintain and repair all equipment listed on Exhibit C, attached hereto, except as herein otherwise specifically provided, including any buildings and improvements; and shall repaint its own buildings and facilities as necessary. F. Commercial Aviation agrees that any commercial premises shall be conducted courteous manner. Lessee activity on the airport. Operations by Lessee. Lessee aviation operations on the in a proper, efficient and agrees to promote aviation Lessee further agrees that all said services shall be furnished on a fair, equal and nondiscriminatory basis to all users thereof, and that only fair, reasonable and nondiscriminatory prices for each unit of sale or service will be charged. G. Trash, Fire Extinguishers, etc. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the airport of all trash, garbage, and other refuse caused as a result of the operation of its business. Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse in his area. Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner on or about the demised premises shall not be permitted. Lessee shall also provide and maintain in proper condition readily accessible fire extinguishers in a number and of a type approved by fire underwriters for the par- ticular hazard involved. H. Air Crash And Rescue Services. Lessee shall provide air crash and air rescue services utilizing the crash truck provided by lessor with lessee performing routine maintenance thereon and with lessor performing heavy maintenance and repair. Lessee will furnish one person with crash rescue training and will be responsible for all cost of certification process, with lessor furnishing supple- mental fire training through City of Paris Fire Department. consent of the airport manager. shall be prohibited. K. Meet Financial Obligations. Lessee shall meet and keep his financial obligations of his operations described herein in a current condition. Lessee shall furnish lessor with a copy of his monthly operating statement and that portion of his annual Federal Income Tax Return relating to said herein described operations. Flashing lighted signs ARTICLE IV Term of Leasehold Term. The term of this lease shall be for a period of 5 years commencing February 8, 1988, and ending February 7, 1993. If lessee exercises and performs all of its duties and obligations hereunder during the term hereof, then upon applying in writing not less than six (6) months nor more than nine (9) months before the end of the said term, lessee shall have the first right for an optional term of five (5) years beginning February 8, 1993, and ending February 7, 1998, with the lease for such additional period to be on the same terms and conditions as the initial term. ARTICLE V RENTAL FEE A. Flowage Fee in Lieu of Rental for Ground and Equipment. As annual ground and e~ui.pment rental for real and personalty shown on Exhibit "A', "B" and "c" attached hereto Lessee shall pay to Lessor a fuel flowage fee as follows: From To Gallons Fee per Gallon 0 135,000 $ .05 135,000 200,000 .06 200,000 250,000 .07 250,000 300,000 .08 300,000 Infinity .09 B. Time of Payment. All fuel flowage fees shall be paid on or before the tenth day of the month following the month in which the sale was made. ARTICLE VI Insurance, Indemnification and Performance Security A. Fire Insurance. During the full term of this lease, lessee shall, at its sole cost and expense, cause all improvements constructed by it on the demised premises to be kept insured to the full insurable value thereof against the cost of repa~r~ng, restoring or reconstructing said improve- ments, as necessary, in the opinion of lessor. Property insurance policies required by this paragraph shall contain waiver of subrogation endorsements and shall contain a provision that no change, cancellation or renewal of such insurance shall take effect until at least thirty (30) days after notice thereof in writing has been delivered to lessor. B. Indemnification. Lessor shall stand indemnified by lessee as herein provided. Lessee is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions, and lessor shall in no way be responsible therefor. Lessee covenants and agrees to indemnify, hold harmless and defend, at its expense, lessor, its officers, agents, servants or employees from and against any and all claims or suits for damages or injury, including death, to any and all persons or property, of whatsoever kind or character, arising out of or incident to the leasing, use, occupancy, or maintenance of the premises by lessee, its officers, agents, employees, patrons, contractors, subcontractors, licensees or invitees; and lessee does hereby assume all liability and responsi- bility of lessor, its officers, agents, servants, and employees for any and all claims or suits for damages or injuries, including death, to any and all persons or property, of whatsoever kind or character, whether real or asserted, occurring during the term of this lease in con- nection with the use, occupancy or maintenance of the premises by lessee, its officers, agents, employees, patrons, contractors, subcontractors, licensees or invitees; and lessee hereby indemnifies and holds harmless lessor for any and all damage or destruction to lessor's property arising out of the acts or omissions of lessee, its officers, agents, employees, contractors, subcontractors, licensees, invitees, or patrons. Lessee shall pay promptly when due all bills or charges for construction or main- tenance as well as any other amounts due for material, services and labor furnished in connection herewith, and shall indemnify lessor for nonpayment of same. Lessee shall indemnify lessor against any and all mechanics' and materialmen's liens or any other type of claims or liens imposed upon the premises demised hereunder arising as a result of lessee's conduct or inactivity. c. Public Liability Insurance. Lessee shall maintain in force throughout the terms of this lease and any exten- sion thereof public liability insurance for personal injury or death and property damage in a minimum sum of One Million and No/lOO dollars ($1,000,000.00) arising out of anyone accident or other cause and furnish lessor a certificate thereof. D. Third Party Excess Liability Insurance. Lessee shall require of the petroleum product supplier a policy of third party excess liability insurance in the minimum amount of Five Million and No/lOO dollars ($5,000,000.00) and that such supplier furnish to lessee who will in turn furnish to with a certificate from the insurance carrier showing such insurance to be in full force and effect during the entire term of this lease, or shall deposit with the lessor copies of said policies. provision material delivered effective Said policies or certificates shall contain a that written notice of cancellation or of any change in said policy by the insurer shall be to lessor thirty (30) days in advance of the date thereof. F. Landlord's Lien. Lessee hereby gives, grants and pledges unto lessor a contractual landlord's lien upon all property, tangible or intangible, and property rights belonging to lessee now or at any time hereafter placed in or upon the demised premises to secure the prompt payment of all rentals and fees and the performance of any or all covenants and obligations to be kept and performed by lessee hereunder. ARTICLE VII Cancellation Assignment and Transfer A. Cancellation by Lessor. This lease shall be subject to cancellation by lessor in the event lessee shall: (1) Be in arrears in the payment of the whole or any part of the amounts agreed upon hereunder for a period of fifteen (15) days after the time such payments become due. (2) Make a voluntary or involuntary assignment for the benefit of creditors. (3) File a voluntary petition in bankruptcy. (4) Abandon the demised premises. (5) Default in the performance of any of the material covenants, and conditions required herein. In any of ~he aforesaid events, lessor shall give lessee written notice of such breach or default, an lessee shall immediately correct same. If within thirty (30) days from the date of such notice, the breach or default com- plained of shall not have been corrected, then and in such event, lessor shall have the right to declare this lease immediately terminated as to the balance of the term herein, and may forcibly, if necessary, reenter and take immediate possession of the demised premises and remove or seize lessee's effects under the preference lien granted to secure performance of lessee's obligations hereunder without being deemed guilty of any nature of trespass; provided, however that in the event that subsections (2) and/or (3) occur, lessor shall not be required to give written notice to lessee, but lessee shall have thirty (30) days from the occurrence of said event to correct same. This lease, or a copy hereof, shall be sufficient warrant for any person. A'" _____-'-_'1 ~.._ 'L.___.._...:I___ _L_'~ 1..._ __.._t...'_.6-_ ......':...:.1 A...........,..+: B. Assignment and Transfer. This lease shall not be assigned in whole or in part by lessee without the prior written consent of lessor and any attempted assignment without such prior written consent shall be void. C. Suspension of Lease. During the time of war or national emergency, lessor shall have the right to lease the landing area of any part of said airport to the United States Government for military or naval use. If any such lease is executed, any provisions of this instrument which are inconsistent with the provisions of the lease to the government shall be suspended. Nothing contained in this lease shall prevent lessee from pursuing any rights which lessee may have for reimbursement from the United States Government for the taking of any part of this leasehold or for any loss or damages caused to lessee by the United States Government. ARTICLE VIII Rights Upon Termination A. Upon termination of this lease other than under Artic Ie VII, paragraph A hereof, lessee shall innnediately remove all personal property from the demised premises and return the premises and improvements thereon to lessor in a good state of repair. Any property remaining on the prem- ises after termination shall, at lessor's sole option, become the property of lessor or same may be removed and/or disposed of in any manner deemed appropriate by lessor. Lessor shall not be liable in any manner for such removal and/ or disposal; and the cost and expense of such removal and/or disposition shall be paid by lessee. B. Purchase of Equipment. Lessor and Lessee acknowl- edge that this lease arises from a prior Cox Field fixed base operator lease between the City of Paris, a municipal corporation, and between the City of Paris and Saber Aviation has heretofore been assigned to J. B. Richey, Inc. and that to further effect and maintain the rights of the City of Paris as set forth in the Saber lease, Lessee, J. B. Richey, Inc., does acknowledge that under the prior lease, an does grant under this lease, a right to the City of Paris to repurchase the 1972 International jet fuel truck on the following terms: Until March 11, 1988--$8,129.00; On March 12, 1989--$6,220.00; On March 12, 1990--$4,311.00; On March 12, 1991 and any subsequent years--$2,400.00. In the event J. B. Richey, Inc. fails to perform as required in this contract, then the Lessor shall repurchase said fuel truck paying therefore the price established by said above described schedule which recognizes a final salvage value of $2,400.00. Lessee does further, in order to effectuate the lease, agrees to deliver the title to the fuel truck to the City of Paris or to show the City of Paris as a lienholder thereon. ARTICLE IX (3) Barber and valet service. (4) Alcoholic beverage sales. B. Attorney's Fees. In any action brought by for the enforcement of the obligations of lessee, shall be entitled to recover interest and reasonable ney's fees, if successful in the action. lessor lessor attor- C. Subordination of Lease. This lease shall be subordinated to the provisions of any existing or future agreement between lessor and the United States relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition prece- dent to the expenditure of federal funds for the development of the airport. D. Paragraph Headings. The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any pro- vision of this lease. E. Notices. Notices to lessor provided for herein shall be sufficient if sent by certified mail, postage prepaid, addressed to airport manager, Cox Field, P. O. Box 9037, Paris, Texas 75461-9037, and notices to lessee if sent by certified mail, postage prepaid, addressed to J. B. Richey, Inc.. c/o J. B. Richey, Route 1, Box 98, Cooper, Texas 75432 or to such other addresses as the parties may designate to each other in writing from time to time. F. Successors and Assigns. All of the terms, cove- nants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. G. Venue. The venue of any action brought on this contract shall lie in Lamar County, Texas. Executed at Paris, Lamar County, Texas, this 8th day of February, 1988. CITY OF PARIS ATTEST: BY./~ . i oe urnett, Mayor ~~w~ ~}~~~~ Matt~e unning am, ity C er APPROVED AS TO FORM: ~ K H~vnp~_ r.irv Arrnrn~v ATTEST: Jeanette Richey, Secretary J. B. RICHEY, INC. By: J. B. Richey, Owner ..,.- ..... '.i:,:.. ~ ..,,~ ,".~.. ~:'p~~':. ..', :~{-~. 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I \ -'--". ./ -. \..-..... i' , Ic~~ .)r I'-:-..~ ~~ '."/..'L:.I ......~.....,. t'j:'.:;'.i! <:':c;., _' . .. . .._ _.. ",". ._ .. .' ."" \::'1'); .~ r _____~=-~:o..I~.,.-. __.. _ // .. '. ,'f--:r:i -----~.. ..~ i~ 00...:'1 -- ~.~_.(~s.i'-!:;",: ~:=;,c:;;;~~~,-". ",j-.:;1,J!:;. ~LeAR ZONe . >':.~'.:'.:..'.':}i':I'O "..;, '" . ~ ,,,", 1$;;:;'< ""'-.." ';;$ ~ ~~. '- J ;;$,1 , ,\..V.,~~~~~.-:!:".s._... + ,.'" (;#-....;:? tY!H~r: II' 19,r'9o ............ .~;.. :....:.:....:.::\ .._.___.,..~"'"'~._'~"~., /. n"'/' ' 4 . ,,-.. ... , . .... ....~<-_............,.... ~...'./ ,I L C',.C'... ..' ~:-:"...,.:'.....:>...,'."......,': ~I~~~::;;;~;;,~;;~>> "~ ,;~~~~Jll ~ " '" , , /' . '(( 'f--'--'" \ "09" , ( \ j, .. j ., I L.- n. ~- , - ,', , . ~\\ "'JOg J ',/, ..... --- --- r ~4.1 APPROACIi SIJRfACC F"..... (L.52G..' -= ---=.-'-' ;:"t~.~ t', ( ..,; . ,) . \ ""1 \. :;' . .1.1 ~t.,. M~' \.,~ , ' :~ I I .-l.-. ,-.::;.-' ~=-.!' --' ~~ :.:,-- ~--;:::-:.~ . "- "- "- "- "- "- 2~c>' 1 ~ 300' .., 1 EXHIBIT I,~I' ~ '/ - '." -:'~~ i'.........../ ,/:'.<, "~>'" "', I~ " 1 ,,~ 1'\. ..\., . ...,~... .... 1 I' 'l.~ ......, '. I ... \ I 'I~ :I',~. ~o' ....~'.V' "\ 1 ".. ~, ._ j '''')L I 1 ';.... "'.. ..., . I 1 ~!f : .... ''''0 "z,. . ~.... ' '1 . ,. ~ .,,' I " 1 +1 ~.I "~~' o"'~ ':~ .', I. .'1 ..; ~ ~(s I I~ ; I ,1;;" ,. / f A I'. I ''':. - -"< ,'I. ... ..., I ", 1 ~~ .~~ ''I ~": )1 ,.;. "t. ,. I .If <: < " ...." ....."'" i I, """'. I , \ 1"", "- : fff' Ii \ ,. "'~K :'. ~' . .0 \ ,,-'7.,,' '~..pi I .' I ~-p:~ii'. . '.. ; 1 y.;~ -";.." '''' ,J ~" M~,,/ '''Z~''' I . <""'.C: \: I ,..- / 5'f-<.~.< . ,i/ '. ./ Af60 f-V 4,;./' J ~~ "'J ____ I " ,'. ",_-; ':q,,,.. '/ ........ ../ -I 1-"'- / ,+ /. I I ~ I . ~, '... , /./ + ,c'J? I. _ E: r';;' /- I //..:.- / "~"',/F :"'~~:I.--i-:'.", -[ . .~' . ,<- .,<< -,... "'I.'-::.,c:;-i STRIA I J ~'-'. ~ I. c~y/ ~_ _, _ It; ;'j'_ .~. J.....r. / /.;. +,:/ .- L'.1_ _ _ :; / I' ,/ / +0: <~_. . / ~ - '. '. . r" . ~ . / 0... . IIN!. . (" ...0 ,. _ > . ---=-- _.~---"" . r ^i '. ""em ., ----c-.-.c.. ,-,.L..._.J::r ""1 :'1 + ._.",-~. ,.I. f'-t6' "~" "" L - . -.,-",,~ ';~;N{""",.".'lF. '.. -/ L--<~,~ '-<- , .. _ ""', ,~!"_ . c.:. ~ ,_ ".0 ~_~. ~., q"" ... '=." .' . JO ,/ -'.... ," ///. _'__~~>"'~~ C . ,. . '" ~_ . . I' " ..' .'. . " -',....-.......l- .' . ill?' . "'-7 ,,,,_~. . - - -"'. "~ ~,. . -I, .. I . ,C","j",.J,/ ': ":,.' ~ .._.' _i!!"'r-_-~- ./ !.,. 1 '~!.'-"7 .,,,"'..... ", ~ --"--t..-s~. ,_ . "". c.; . "\ .: or""'; "T ............ -; , . '- ... '!r . ./ '~d'c'- L I...., _~.,.. -""""'_"', < "..., , , ,.. . fl~ \9': J 1-"-1, / fJ:N,Cll ~"'- .. _.. "M~ f /' .~~ 1 ~ < '" 1/ __ '",,~._ "'~.. .,. _. ( .,..' ~ -.' 't-ll>;l-/:':.===T~;:i:r.;io'cN ~~'... :....~ ',. ~ '.' -' '1/'':;'FU1~ / '....... . ""'r '(h'> '..-wl." . ' -"'- J/ I. i \ '- T'H'I"~A~,,~-,._..,..r_ '",~ ~. ~ 'old,. '0<-7 ""~, "fif~ 0 ----~-:,.J ,-;;p'7' \ \ _J ------~::--;I't,"'m~".m."- (/ ,-.- ~ ~/ ) .- '=-C--- ,.. . ,,"'-C '-"'J,,!.::: I" \. <' "--~I ., ,/ ''''1''- 'II \v ; --r . Ii . ~ gl ";;;f:3~: II II . lYA E A 1.. t;,.;,,~.~W, II II RIAl'l' AR -----.J\'C:'i~~c~: III IiI N D U S~~___J L"l!"O<:_ _____, ";'=-"~;::_'" I I~--_-- _____, r I'~t= ..._~, II I -- II II _'....= Ir--- ,I , . ;;;:'.:=.. ;'-:'.- II" 11,.1 :':." ""ffi"'... II" I ,ql.~. ::'. . II I II "JITi;i;. ", I ',:. " 11 ,,,.. _== 'II "_ ..\ ',''''''''~'' . " . II -:-... ._.'. .... ~ ; . lL---. _ ","''''''..",'_ . , :' --~-=.~-,.,,_..... , '" --....A"...... ',: ".. " ;F It ./ // I . POLE N$ (LE"'ATIJ'~ -~- 557.10 562.70 SURrACE ~O"1 APPROACH ~}S 3B 2~OO~. . ..... .~5.00 C\.(AR ION( 5:!:1.0 - 11 I , . , I ! i ,: JI' II I I I . I ,.,. .11 S"UII ~ ........ EXHIBIT "c" The following personal property is leased to lessee , under the terms and conditions of the foregoing lease: l. One Unicorn Radio 2. One hand walkie talkie 3. One towbar 4. One floor buffer 5. 50 chocks 6. One coke machine 7. Three altimeters 8. One wind indicator __ L-, L. ~ -- ... -