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1986-050-RES WHEREAS, the City of Paris did advertise for bids for Agricultural Lease for hay and grazing rights on Cox RESOLUTION NO. 86-050 WHEREAS, the City of Paris did advertise for bids for Agricultural Lease for hay and grazing rights on Cox Field property, which bids were received until 10:00 o'clock A.M., Wednesday, June 4, 1986; and, WHEREAS, the best bid for said agricultural lease was made by Charlie Hickman and he should be awarded the lease upon the terms and conditions and for the property described therein in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the bid of Charlie Hickman, in the amount of $3,451.00 for each of the first two years of the primary term and $3,651,00 per year of the three year option, is hereby accepted and let; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the Agricultural Lease with Charlie Hickman for hay and grazing rights on Cox Field property, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 9th day of June, 1986. ATTEST: "- Mattie FORM: ~ty Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its Mayor, Billy Joe Burnett, duly authorized, hereinafter referred to as LESSOR, and CHARLIE HICKMAN, duly authorized, hereinafter referred to as LESSEE, WITNESSETH: For and in consideration of the sum of SIX THOUSAND, NINE HUNDRED, TWO AND 00/100 DOLLARS (6,902.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $3,451.00 on or before July 1,1986 and $3,451.00 on or before July 1, 1987, said CITY OF PARIS does hereby lease, rent and let unto CHARLIE HICKMAN, the following described property, being the property known as Cox Field and situated in Lamar County, Texas: BEGINNING at the Southwest corner of the H, B, Davis Survey for a point or place of beginning which is also the Southeast corner of a tract of land purchased by the United States of America from Lalie Moody Pierce, et al, by deed dated January 23, 1943; Thence North 205.50 feet to a point; Thence East 2118.35 feet to a point; Thence North 2994.00 feet to a point; Thence East 59.73 feet to a point; Thence North 1593.90 feet to a point; Thence East 1483.30 feet to a point; Thence North 2098,30 feet to a point; Thence North 21 degrees East 208.30 feet to a point; Thence South 77 degrees West 269.40 feet to a point; Thence South 57 degrees 30 minutes West 177.70 feet to a point; Thence North 580.80 feet to a point; Thence North 82 degrees West 899.20 feet to a point; Thence North 1732.50 feet to a point; Thence West 660.00 feet to a point; Thence North 10 degrees East 321,75 feet to a point; Thence West 1994,95 feet to a point; Thence North 42. SO feet to a point; Thence West 1650.00 feet to a point; Thence North 0 degrees 32 minutes East 92.55 feet to a point; Thence South 88 degrees 14 minutes West 3019.70 feet t~_a_~oi?t; Thence South 0 degre~s 14 point; Thence South 12 degrees West 65,80 feet to a point; Thence South 21 degrees East 368,00 feet to a point; Thence South 305.00 feet to a point; Thence East 1659.00 feet to a point; Thence North 295.00 feet to a point; Thence East 1209.00 feet to the point or place of beginning, containing 1552.97 acres, more or less as shown in Exhibit "A" attached hereto. Save and except 10 acres heretofore sold to Paris, Texas, Industrial Foundation, Inc. described on Exhibit "B" attached hereto, 390 acres leased to Agpro, Inc. described on Exhibit "c" attached hereto, the police firing range described on Exhibit "D" attached hereto, the concrete runways, taxiways, Airlines office and administration building area and abutting concrete apron situated thereon and used for airport purposes; also, save and except the sewer plant located upon and within the above described area, save and except the right of the City of Paris to occupy and use any other buildings remaining upon such property and premises, save and except the right of any person to occupy and use any part or portion of said property and premises for airport purposes under lease or contract with the City of Paris, and finally, save and except the right of ingress and egress in favor of the City of Paris and any of its assigns to any part or portion of the property and premises specifically herein served. The term of this lease is for two (2) years, beginning on the 1st day of July, 1986 and ending on the 30th day of June, 1988. INCONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or order, at the City Hall of the City of Paris, the agreed rental in advance, promptly and without neglect, default or delay. 2. That this lease is subject to all the terms, provisions and conditions of the deed of conveyance 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, its successors or assigns, agrees LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Depart- ment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscriminati.on in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as Regulation may be amended. 4. The LESSEE its successors or assigns, agrees that (1) 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 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 Regu- lation, 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, The LESSEE will abide and comply by 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 __~ ._"" _~.. o~o~+- "r nprm; te ten be erected, any structure of 6. That LESSEE will use such premises for grazing, cutting hay, raising small grains and/or legumes and for no other purpose. 7. That if in the course of using such premises for the permitted purposes, LESSEE desires to build at his expense a barn or shed for the use in the pursuit of such uses it will be so permitted, if the locution is approved by the Airport Advisory Board and such structure does not violate any of the rules or regulations of the City of Paris or the Federal Aviation Administration, and upon termination of the lease LESSEE will be permitted to remove the same within sixty (60) days after expiration or termination of this lease. 8. The LESSEE will maintain the West entrance to the airport from FM 1508 East to the terminal area by mowing the same once a month during the growing season and will main- tain the inner perimeter, as outlined in Exhibit "E" attached hereto and will mow the same a minimum of two times a year, removing the cut hay from said inner peri- meter, and in the event LESSOR determines that it is necessary or advisable for said area to be mowed more than twice LESSEE shall upon receipt of written request to mow promptly comply therewith. All hay mowed from said area shall become the property of LESSEE. All equipment shall be kept clear of the inner perimeter except when in actual use for the purpose of mowing, fertilizing or improving said area. 9. LESSEE shall at all times keep the inner perimeter free of debris, trash and litter and in the event LESSEE deposits mud and debris upon the runway, he will be charged 10. Notwithstanding the preceding paragraph LESSOR will be totally responsible for the maintenance of an area 40 foot wide adjacent to all runways, taxiways and aprons. 11. That LESSEE will take good care of the leased premises and be responsible for and make good to LESSOR all injuries and damages to same caused by LESSEE or those under him, and will re-deliver same to LESSOR at the expiration or termination of this lease in as good condition as when received, usual wear and tear alone excepted; and the LESSOR will, at the termination or 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 tenable repair, including but not limited to equipment, fences owned by the City of Paris and fences acquired or erected by LESSEE. 12. That all additions or improvements made upon or added to said premises by LESSEE, or at its instance and request, shall at once become the property of the LESSOR and shall be surrendered to LESSOR at the termination or expiration of this lease; except that in those instances wherein it is specifically provided for ownership to remain in LESSEE. 13. That in the event this lease is terminated during its primary term through no fault of LESSEE, then and only then, LESSOR will reimburse LESSEE for its pro rated cost of any improvements such as fences giving the improvement a life equal to the remainder of the primary term existing at the time of completion of construction of said improvement. 14. The City of Paris reserves the right of all concession and the right to park aircraft along the taxiways ~_.J __~_~~~..~ .:..... ""'\..~ ~..~_...... ..._ ....:...... ....1......"... .:... .....................................::1 1-...... ......1-...... every part thereof at all times for the purpose of inspect- ing and examining the condition thereof. 16. That LESSEE will not assign this Lease or sublet the leased premises or any part thereof without the written consent of LESSOR first had and obtained. The City of Paris will not withhold such consent unreasonably, 17, That LESSEE will, at his own expense, keep all fences in good condition and repair at all times and also will keep all gates, entrances and other structures used by him in good condition and repair. In the event LESSEE's livestock gets into the prohibited area on and adjacent to the runway there will be a charge made of Ten and no/lOa Dollars ($10,00) per head for removal of said livestock. 18. 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, its invitees, agents, servants or employees' use, and LESSOR shall not be liable to LESSEE, its 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 waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term of this agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $100,000.00 per person and C'){\f'\ nnn "1'\ L!_ or any part thereof, as the result of the negligence of LESSEE, its 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 insur- ance company or companies, subject to approval by the City Attorney of the City of Paris, and LESSEE or its insurance carrier or carriers shall deliver a copy of any such pol- icies 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 insur- ance is in full force and effect at all times during this lease and any extension thereof. 19. 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 the Airport Manager, 20. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given in wri ting to LESSEE by LESSOR I s Airport Manager , giving LESSEE thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected within said thirty day period a second notice in writing by certified mail, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LESSOR's Airport Manager, After affording LESSEE such hearing the Airport Advisory Board shall recommend to the City Council that the lease continue or be terminated, and thereafter the City Council shall take such action as it ,. cropping is allowed. Annual fertilization of 25% of the eutire leased area with a minimum of 300 lbs. of phosphate such a 0-20-0 or an equal amount of balanced fertilizer such as 10-20-10 per acre will be required on the entire area over the full life of this lease or any extension thereof. An average of three inch (3") cover will be maintained at all times, on pastureland or permanent hayland. LESSEE will notify Airport Manager of date and time when area will be fertilized. 22. That the LESSOR may at its option terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions, such as extension of runways or erection of other airport facilities, or if the property shall be utilized for industrial development. In the event of either of the above contingencies the LESSOR shall give the LESSEE 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 this option is exercised by the LESSOR, the unearned portion of the rental payment shall be refunded to LESSEE. 23. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of LESSEE hereunder during the term of this lease, an option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of three (3) years from and after the expiration of this agreement, for and in consideration of the sum of $10,953.00 payable in equal annual installments of $3,651.00 each, the ~ ~ r, . , intention to renew said lease on or before the 1st day of January, 1988, Executed on this ____ day of June, 1986, CITY OF PARIS BY: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk LESSOR APPROVED AS TO FORM: T. K. Haynes, City Attorney Charlie Hickman LESSEE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Billy Joe Burnett, Mayor 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 of June, 1986, day Notary Public, State of Texas My commission expires: Printed Name: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Charlie Hickman 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of June, 1986. day Notary Public, State of Texas My commission expires: Printed Name: // , f )>' '" ." :0 o t I I ~l. ~: C' ~ .... " ~ ~ o '< r- 3 .. I' I Po"ri" City Uml".; I L , I , I , I , I: ,. I " , ~ I I N, I " I , " I co I I , I ..- ,',"'\ , ,,< " I , \ " I ",' \ I , I ", , .'. '. - '.' '7' ,..- .----- ... '" / ,/ , . .' EXIIIBIT "A" Air port DoundClry" , . i \ .... ~..'.. : ~. . . . , ....\'...'.: '. .... . . . . .. ..' .': '\ '. -.\.\ " ..... . ..,". " .' . ... .; /., '/. ~ .~ '.'01> .'( . ." ";'" '" .' .' " " " .'. "." ." ~ '01> '( '..' ,. "." . <: "~,,, '-.-- . . ;,..::....~O' "- ~1'<' '.. '. \.' .:-"..~<>.. "< '.'\.' \,..' . ..' ". ' .' , . , \ ",'" . '\. '. \....",,,,-' ,lb' .~ .^ ,Porls CI'ty Limll. "' .' . ~ .. :;. '0 o ~ '" .0 " ,,' 0. " ~ ...'< , , " .'. ~ f - EAS'/" 437' ~ ~ ~ 0- lI) "" Q '\: <:l ~ ~ 0( () ~ J:: lI.! ~ '" I~ fJ 1"W 43' ,'" J ~~ ~1 WEST - 400' SCALE: 1".. ZOO' FIELD NOTES lI) N () - Situated about 5~ miles South 82 Deg, East of the City of Paris, County of Lamar, and State of Texas, a part of the William Scott Survey #856, and being a part of a 1552.97 acre tract of land conveyed the City of Paris by deed recorded in Vol. 208, Page 287, of the Deed Records of said County and State. Beginning at a stake for corner in the East Boundary Line of Farm Road 1508 at the present Northwest corner of said City of Paris tract of land." Thence East a distance of 437 ft. to a stake for corner; Thence South a distance of 1025 ft. to a stake for corner; Thence West a distance of 400 ft. to a stake for corner; Thence' along the East Boundary Line of Farm Road 1508 as follows: North a distance of 115 ft. to a concrete marker; Northerly around a curve to the left a distance of 183 ft.; North 7 Deg. West a distance of 43 ft.; Northerly around a curve to the right a distance of 227 ft.; North a distance of 459 ft. to the place of beginning and con- taining 10 acres of land. ~ ~ () en I, W. R. Abbott, Registered Public Surveyor of Texas, No. 1443, certify that the above depicted and described tract of land was taken from an actual survey made by me on the ground on the 21st day of August, 1972. GJ. ,-'2. C.....:~ W. R. Abbott, R.P.S. No. 1443 ~ ~ , ~ i STATE OF TEXAS} COUNTY OF LAMARI BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared W. R. Abbott, 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 purpose and considera- tion therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFI~E, this the 22nd day of August, EXHIBIT B X~,~,~~:~^:::k,,__.. - i 1972 ~i~~ri I 'I;,j" '-~'.- r .:...! l' "uJ" 'l~' (;;/' ;;::f'I/{)"^'''':~! '. i:, // 'I . ,0'" l,~1 ,;. / . \'" /' "'Ii I..' . . L!./, /"73t'1 ).~Ii . //'~( / I / \ - /. !I/ .- . )~ '- "" //( "^""NY/;' ~I. /// /' " / -(',-;:/.1"''' I ll. / :.:..-::::.\__, _U;Wf ~1 '=7" ~H: ~~M<S Wi // :~ ~.- ~ / ~~ "'" l- _:U J n:NNIl ~ " I - "-.".... ,..J x..-;'- ,~'! I :",\. 70\ . ~~ / I -)>roo' "'- ,~\ I ".1 . \ " I ._:)' 1\. > ......... ." ~.:_:...:::.:..~,...~_.~..~ ..~M. ~ -" """'---" , . , .t' '. .. '.' :, ~ 1";" D I':; "r. I,'JUS~ L' . ' . i . I" I I i , i j , 750' , l ~ ?, ~; .~ i I b ~': , . J -..." ---------- t-----~ - - - - - - ~ () () '8 --:.-. ~ , , .j // i, " /." : '" \ ,.// \/'/ ! , , i .----~----- I' I \ \ \ \ I ------ I, I I . I r .L jl-' ) , I " ((IIDY't.. 4.... Ie.:.).' \ :,i il I ') ui I: . -- 'Z soa I /' I ,I I I ~~-t 2- I ~4.re~l"'.~I.": lees) z:ju ' \ I i , \ \ \ I . " \ - . . ' ~ .~---__ll ;- ,- i ---- I -- - -r;d ,.t 3 .e::erO 4~.,.r> 14'0 " ., .... EXHIBIT "D" Police Firing Range, Cox Field Airport All that certain parcel or tract of land located within the corporate limits of the City of Paris, Lamar County, Texas, a part of Cox Field Airport property and being known as the Police Firing Range more particularly described as follows: BEGINNING at a point for corner at a point 725 feet East of the West property line of Cox Field property and 674.1 feet South of the South Right-of-way line of the main entrance to Cox Field Access road, THENCE East 324.0 feet to a point for corner; THENCE South 445.0 feet to a point for corner; THENCE West 324.0 feet to a point for corner; THENCE North 445.0 feet to the place of beginning containing approximately 3.31 acres of land. ~"'~. .{,t ". ~~) Q. s\ ~--------\---. \. ., . - I \ ~I : , ~....r-.......... \'/..,/ . :< ~ I " ) "a, 'IHIHxa 'lIwn ~I.':> 'IJDd~ < ...' ~ o -0 C .' " o m ...."\ ....", .. "'~. , \ .~. .\ .' \ , . ' " . ~. '" " . "0' ~, ,. 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