1985-084-RES WHEREAS, the City Council of the City of Paris, has received a request from ERIC C. CLIFFORD and
RESOLUTION NO.
85-084
WHEREAS, the City Council of the City of Paris, has
received a request from ERIC C. CLIFFORD and VICTOR ABELES,
to lease property at Cox Field, Paris, Texas, for the
purpose of erecting a building in which to conduct an
aeronautical activity; and,
WHEREAS, it is deemed to be in the best interest of the
Cox Field operation and the City of Paris that aeronautical
activities for the flying public be encouraged; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the City Manager, David H. Doty, be, and is
hereby authorized and directed to execute the 35 year lease
with Eric S. Clifford and Victor Abeles for property located
at Cox Field, Paris, Texas, upon the terms and conditions
and upon the form attached hereto as Exhibit "A".
Passed and adopted this 14th day of October, 1985.
~~~(;r
G rge i er, Jr., Mayor
ATTEST:
.~
'--Th~\'''' ~'
Mattie cunn~am, Cit C er
APPROVED AS TO FORM:
J~~y
"'
LEASE AGREEMEN~'
THE COUNTY OF LAMAR )
)
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a
municipal corporation, acting by and through its City
Manager,
DAVID
DOTY,
duly
authorized,
hereinafter
referred to as Lessor, and ERIC S. CLIFFORD and VICTOR
ABELES, of Lamar County, Texas, hereinafter referred to
as Lessees,
WIT N E SSE T H
For and in consideration of the payment of the sum
of
TWENTY
FOUR
THOUSAND
AND
NO/IOO
($24,000.00)
DOLLARS, payable to the CITY OF PARIS, a municipal
corporation,
as
follows:
$200.00
on
or
before
September 1, 2010, with a like payment on or before the
1 st day of each month thereafter during the remainder
of the term hereof, said CITY OF PARIS does hereby
lease, rent and let unto ERIC S. CLIFFORD and VICTOR
ABELES, that portion of Cox Field property described ln
Exhibit "A", attached hereto and made a part hereof tor
all legal purposes.
The term of this lease is for Thlrty-five (35)
years, beginning on the 1st day of September, 1985, and
ending on the 31st day of August, 2020.
It is further agreed to by Lessor and Lessees that
Lessees shall have the option to rene" such lease for
an addi tional period of ten (l0) year s, the rent a 1 tor
the renewal to be based on the talr market value at the
time
of
renewal,
being
the
approxirrlfJ tp
date
of
September, 2020.
IN CONSIDERATION HEREOF, lt is mutually agreed by
and between Lessor and Lessees:
'.
such premises t",-.lm the United States of A,,,crica to the
Ci ty of Pari s, recorded
Records of Lamar County,
made for all purposes.
3. That Lessees, their successors or assigns,
agree that in the event facilities are constructed,
in Book 308, Page 287, Deed
Texas to which reference is
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 benefits, the Lessees shall
maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary,
Part
21,
Nondiscrimination
In
Federally-assIsted
programs of the Department of Transportation-
Effectuation of Title VI of the Ci vi I R1ghts Act of
1964, and as said Regulations may be amended.
4. That Lessees, their successors or assigns,
agree that (i) no person on the grounds of race, color
or national origin shall be excluded from participation
in, deni ed the benefi ts of, or be otherwi se subjected
to discrimination in the use of said facilit1es; (li)
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; (li1) that the Lessees "hall use the
premises in compliance with all other' requirements
5. That Lessees shall comply with all conditions
and requirements established in Department of
Transportation, Federal Aviation Administration, Grant
Agreements No. 8-48-0169-02 and No. 6-48-0169-03.
6. That Lessees will abide by and comply with
all rules, regulations, ordinances and laws pertaining
to the use of the airport located at Cox Fleld,
including but not limited to the City of Paris Ariport,
Manual and Federal Aviation Administration rules and
regulations pertaining to Cox Field,. and in addition
thereto will abide by and comply with all ordinances of
the City of Paris and all laws of the State of Texas
governing citizens and property within the City of
Paris.
7. That Lessees will use that portion of such
premises in each's possession for private hanger space,
for aeronautical activities for which he holds a permit
issued by the City of ParlS In accordance with Article
II of Chapter 6 of the Code of Ordinances of the City
of Paris. Further, it is hereby agreed by and between
Lessor and Lessees that Lessees shall be permitted to
sublease any or all portions of the premises described
in attached Exhibit "A" for private hanger space and
for aeronautical activities for which sublessee holds a
permi t issued
Article II of
by the Ci ty of Paris in accordance with
Chapter 6 of the Code of Ordinances of
the City of Paris.
8. That, if in the course of using such premises
for the permitted purposes, Lessees desire to build, at
their own expense,
a hangar building and apron in
pursuit of such uses, Lessees will be so permitted upon
any of the rules or regulations of the City of Par18,
or the Federal Aviation Administration. It being
agreed and understood that Lessess shall be responsible
for electric utilities furnished to the hangar building
during the term of this lease. In the event of a
termination of this lease by the City of Paris as
permitted herein during the first 'I'wenty-Five
(25 )
years of said lease, the City of Paris will be
obligated to pay to Lessees 1/25th of the original cost
of said hanger and apron multiplied by the number of
complete years remaining into September, 2010. In the
event that final termination of said lease occurs
during the final ten (10) years of said lease, the City
of Paris will be obligated to pay to Lessees 1/25th of
the original cost of said hangar and apron multiplied
by the number of complete years remainlng into
September, 2020, or in the alternative, the City of
Paris shall agree to give Lessees hangar space of equal
quali ty, size and usefulness at no expense to Lessees
for the remainder of the term of this lease.
9. That Lessees will take good care of the
leased premi.ses and be responsible and make good to
Lessor all injuries and damages to the same caused by
Lessees or those under him and will deliver same to
Lessor at the expiration or termination of this lease
in as good condi tion as when completed, usual wear and
tear alone excepted; and Lessees will, upon the
expiration of this lease, peaceably yield up to Lessor
all and singular the premises and all tuture erections,
additions or repairs to or upon same, ln good repair,
incl uding but not limited to hangar bui Idings, storage
"
11. That Lessees have the right to assign U"S
with
lease or sublet any part of the leased premi ses,
such assignee having all rights,
obligations contained in this lease.
12. That Lessee agrees to indemnify,
and hold harmless Lessor from and against
privileges
and
save, keep
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 occurrlng
on the leased premises resulting from Lessees', thelX
invitees, agents,
Lessor shall not be
servants or employees'
liable to Lessees, their
use, and
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 ot
repair; Lessees hereby waive any defects therein and
agree to hold and save Lessor harmless from all claims
for any such damages or injuries, and Lessees 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 $300,000.00 for any
single occurrence for bodily injury or death and
$10,000.00 for any single occurrence for lnjury to or
destructin of property, indemnifying all persons for
any and all damages, personal injuries or property
damages sustained in or upon the premises of said
leased property, or any part thereof, as the result of
the negligence of Lessees, theIr invitees, agents,
servants or employees, and sha 11 pay all premi urns due
'.
policies to
furnish to
the City Clerk of
said City Clerk
the City of Paris,
a current letter
or
or
certif icate from such company or companies, evidencing
the fact that such insurance is in full force and
effect at all times during this lease and any extension
thereof.
13. Lessees will not rent the premises or any
part thereof for aircraft storage unless a permit under
Article II, Chapter 6, of the Code of Ordinances of the
City of Paris, has been issued to him for that specific
purpose.
14. That Lessees 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 Manger.
15. Should Lessees default in, or fail or refuse
to keep any of the covenants, conditions, stipulations
and/or provisions herein contained, notice hereof shall
be given in writing to Lessees by Lessor's Airport
Manager, giving Lessees thirty (30) days to correct
such discrepancy, and in the event of such default,
failure or refusal is not corrected wi thin said thirty
(30 )
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
Lessees by Lessor's Airport Manger. After aftording
Lessees 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 deems necessary.
16. That the City, may at its option, terminate
shall give th
Lessees ninety (90) d~
notice in
wri ting of its intention to so utilize the tract, or
any portion thereof, for the above specif led purposes.
In the event of either of the above contingencies, the
City shall have the option pursuant to Paragraph 8 of
this lease to satisfy their obligation of compensation
to Lessees.
17. The terms of this lease are binding on and
the benefits herein inure to the heirs, administrators
and executors of Lessees.
EXECUTED ON the dates shown in acknowledgments
below.
LESSOR:
CITY OF PARIS
BY:
DAVID DOTY,
City Manager
ATTEST:
MATTIE CUNNINGHAM, CITY CLERK
APPROVED AS TO FORM:
T. K. HAYNES,
CITY ATTORNEY
LESSEES:
ERIC S. CLIFFORD
VICTOR ABELES
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on th1.s day
personally appeared DAVID DOTY, City Manager ot the
City of Paris, known to me to be the person whose name
is subscribed to the foregoing lnstrument, and
acknowledged to me that he executed the same for the
purposes and consideration thereln expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thlS
the day of August, 1985.
Notary Public in and tor
The State of Texas
Whose Commission Expires:
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day
personally appeared ERIC S. CLIFFORD, known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the
same tor the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
the day of August, 1985.
Notary Public in and for
The State of Texas
Whose Commission Expires:
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the underslgned authority, on this day
personally appeared VICTOH ABELES, 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 thereln
expressed, and in the capacity therein stated.
GIVEN UNDEH MY HAND AND SEAL OF OFFICE, thi s
the day of August, 1985.
Notary Public in and for
The State of Texas
Whose Commission Exnirp~:
.
;)
EXHIBIT "A"
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8.
FIELD NOTES
Si~uated about 6 miles South 86 Degrees East of the City of
Paris, County of Lamar and State of Texas, a part of the William
Scott Survey, Abst. No. 856, and a part of the Cox Field Airport
facility property, and being further described as follows;
8eginning at an iron pin located North 54 Degrees 14 Minutes
3D Seconds West a distance of 931.2 feet from a nail located 100
feet West of the Center Line of the North-South Runway Station
No, 30 + 00, as shown On F.A.A. Project No. 8-48-0169-01, on
file at the Paris City Engineers Office, said nail also
being in the Center Line of an East-West taxiway;
Thence South 48 Degrees 23 Minutes 27 Seconds West a distance
of 63.1 feet to an iron pin;
Thence South 72.Degrees 38 Minutes 18 Seconds West a distance
of 86.3 feet to an iron pin for corner;
Thence North 3 Degrees 03 Minutes 10 Seconds West a distance
of 194 feet to an iron pin for corner;
Thence South 89 Degrees 41 Minutes 26 Seconds East a distance
of 140.3 feet to an i~on pin for corner;
Thence South 0 Degrees 11 Minutes 30 Seconds West a distance
of 125.3 feet to the Dlare of beginning.
,,,. ,
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I, Robert S. Chaney, I?cgistnrt:d Puhlic SIJrvnyor r.,.)!). :?:j/l:J, :jt~jti! or
r exas certify that the above flilt and Fi,!ld Not,,,, r1r'l,ir:t 1.lnrl rl'ld'f'~"'rll.
an actual Survey made on the groun,J, umior my sUfwrllisiDn and fini';"1ful
AfJOfr/LI.- 21 ,1985.
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Inquiry No.___________
Date '(!r:) ;}<((' 6)/j
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