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:
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EXIIIBIT "A"
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FIELD NOTES
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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.
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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
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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,,__..
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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.
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