1994-051-RES WHEREAS, the City Council of the City of Paris has received from LARRY C. TOWNES to lease property at
RESOLUTION 94-051
WHEREAS, the City Council of the City of Paris has received a request
from LARRY C. TOWNES to lease property at Cox Field, Paris, Texas, for the
purpose of erecting a building in which to conduct an aeronautical activity; and,
WHEREAS, it is deemed to be in the best interest of the Cox Field operation
and the City of Paris that aeronautical activities for the flying public be encouraged;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the City Manager, Michael E. Malone, be, and he is hereby authorized
and directed to execute the 55 year lease with LARRY C. TOWNES 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 9th day of May, 1994.
ATTEST:
~~~-S~~~J
Mattie Cunningham \ City C rk
LEASE AGREEMENT
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, Michael E. Malone, duly authorized hereinafter referred
to as LESSOR, and LARRY C. TOWNES, Route 2, Box 130, Detroit, Lamar County, Texas,
hereinafter referred to as Lessee,
WITNESSETH
For and in consideration of the payment of the sum of FIFTY -FOUR THOUSAND AND
NO/lOO DOLLARS ($54,000.00), payable to the CITY OF PARIS, a municipal corporation, as
follows: $300.00 on or before May 1, 2034, with a like payment on or before the 1st day of
each month thereafter during the remainder of the term hereof, said CITY OF PARIS does
hereby lease, rent and let unto LARRY C. TOWNES, that portion of Cox Field property
described in Exhibit "A", attached hereto and made a part hereof for all legal purposes.
The term of this lease is for FIFTY-FIVE (55) years, beginning on the 1st day of May,
1994, and ending on the 30th day of April, 2049.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an additional period of FIFTEEN (15) years, the rental for the renewal to
be based on the fair market value at the time of renewal, being the approximate date of May 1,
2049, 2019.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default and 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
1 That LESSEE, his successors or assigns, agree 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 benefits, the LESSEE shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs
of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended.
4. That LESSEE, his successors or assigns agree that (i) no person on the grounds
of race, color or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities; (ii) that in the
construction of any improvements on, over, or under such land and the furnishing of services
thereon, no person on the grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) 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 and requirements established in
Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8-48-
0169-02 and No. 6-48-0169-0l
6. 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
11',' .1
'11 l' 1 1
_1 _ _u__1-_ u_~LL _11 __.J:______ _i:
in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris.
Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be
permitted to sublease any or all portions of the premises described in Attached Exhibit "A" for
private hangar space and for aeronautical activities for which sublessee holds a permit issued by
the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the
City of Paris.
8. That, if in the course of using such premises for the permitted purposes, LESSEE
desires to build, at his own expense, a hangar building and apron in pursuit of such uses,
LESSEE will be so permitted upon application and approval for building permit from he City
of Paris, of all steel construction, similar in appearance and construction to the existing enclosed
hangars and to have an approximate square footage of at least 9,000 square feet but no more than
18,000 square feet of area, and such structure will not violate any of the rules or regulations of
the City of Paris, or the Federal Aviation Administration. It being agreed and understood that
LESSEE shall be responsible for electric utilities furnished to the hangar building during the term
of this lease. In the event of a termination of this lease by the City of Paris, as permitted herein
during the first FORTY (40) years of said lease, the City of Paris will be obligated to pay to
LESSEE 1I40th of the original cost of said hangar and apron multiplied by the number of years
remaining in the first FORTY years of the lease which ends April 30, 2034. In the event that
final termination of said lease occurs during the final FIFTEEN (15) years of said lease, the City
of Paris will not be obligated to pay to LESSEE any compensation for the remainder of the lease
term. In the alternative in lieu of payment for termination during the first 40 years of the term
of this lease, the City of Paris may agree to give LESSEE hangar space of equal quality, size
and usefulness at no expense to LESSEE for the remainder of the first 40 years of the term of
this lease.
9. That LESSEE will take good care of the leased premises and be responsible and
. ..
~ _ L__ T """l'l''''''''''''' __ ~1..___ ___..1__
to hangar buildings, storage buildings, permanent installation of equipment and fixture and
fences.
10. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the
leased premises and every part thereof at all times for the purpose of inspecting and examining
the condition thereof.
11. That LESSEE has the right to assign this lease or sublet any part of the
leased premises, with such assignee having all rights, privileges and obligations contained in this
lease.
12. That LESSEE agree to indemnify, save, keep and hold harmless LESSOR from
and against any and all demands, debts, liabilities, suits, claims and causes of action of every
kind and character whatsoever for damage or injuries to persons and/or property occurring on
the leased premises resulting from Lessee's, his invitees, agents, servants or employee's use, and
LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due
to the improvements located thereon, or hereafter constructed, or any other condition of the
premises being improperly constructed, maintained or being or becoming out of repair; LESSEE
hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims
for 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 $250,000.00 per person and $500,000.00 for any single
occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to
or destruction of property, indemnifying all persons for any and all damages, personal injuries
or property damages sustained in or upon the premises of said leased property, or any part
thereof, as the result of the negligence of LESSEE, their invitees, agents, servants or employees,
and shall pay all premiums due thereon when due. It is expressly provided that such insurance
policy or policies shall and must be written and issued by a reputable insurance company or
companies, with LESSOR as an additional insured, subject to approval by the City Attorney of
. _._ _ _ ____: __ft ftt.n 11 ,l^1~"".. " ,\I,,'" {'\f Iln\l
such policies shall be written so that the LESSOR will be notified of cancellation or of any
restrictive amendment of the policies at least thirty (30) days prior to the effective date of such
cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed
to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris,
Texas 75461-9037.
13. LESSEE will not rent the premises or any part thereof for aircraft storage unless
a permit under Article II, Chapter 6 of the Code of Ordinances of the City of Paris, has been
issued to him for that specific purpose.
14. That LESSEE will not use or permit the use of said premises or any part thereof
for any purpose which is determined dangerous or hazardous to the airport operation by Airport
Manager.
15. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in writing
to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such
discrepancy, and in the event of such default, failure or refusal is not corrected within said thirty
(30) day period, a second notice in writing by certified mail, 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 deems necessary.
16. 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 desired to use the property,
or any portion thereof, for necessary municipal functions, such as extension of runways or
erection of other airport facilities. In the event of either of the above contingencies, the
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 of either of the
.1 Ty"",..,'tr't"-T"'lt. 1 111 .1
__> >_ TL.______l. 0 _~ L1..:_ 1____ L_
EXECUTED ON the dates shown in acknowledgements below.
CITY OF PARIS, LESSOR:
BY:
MICHAEL E. MALONE,
City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSEE:
LARRY C. TOWNES
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E.
MALONE, City Manager of the City of Paris, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to 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 the _ day of
, 1994.
Notary Public, State of Texas
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared LARRY C.
TOWNES, 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.
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