2007-007-RES-Pasture Lease Agreement-Carey Eatherly
RESOLUTION NO. 2007-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING THE EXERCISE OF OPTION TO RENEW
THE PASTURE LEASE AGREEMENT WITH CAREY EATHERLY FOR
THE PROPERTY LOCATED AT COX FIELD AIRPORT FOR AN
ADDITIONAL FIVE (5) YEARS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 11 th day of May ,
1992, in Resolution No. 92-038, authorize the execution of a Pasture Lease Agreement with
Carey Eatherly for the property located at Cox Field Airport; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of
August, 1995, in Resolution No. 95-086, authorize the execution of Addendum Number One
to said Lease Agreement; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of
April, 1997, in Resolution No. 97-041, grant the exercise of option to Carey Eatherly for five
(5) years, extending the term of said Lease Agreement from May 15, 1997, to May 14,2002;
and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 11 th day of
April, 2002, in Resolution No. 2002-171, grant the exercise of option to Carey Eatherly for five
(5) years, extending the term of said Lease Agreement from May 15,2002, to May 14,2007;
and,
WHEREAS, the City Council of the City of Paris is in receipt of a written request from
Carey Eatherly to exercise his option to renew and extend the pasture lease, for an additional
five (5) year extension of said Lease Agreement dated May 11, 1992; and,
WHEREAS, the City Council deems it appropriate to grant the exercise of option to
Carey Eatherly for five (5) years, the form of which is attached hereto as Exhibit A, which will
extend the term of said Lease Agreement from May 15,2007, to May 14,2012, and the Mayor
of the City of Paris , should be authorized to acknowledge acceptance of said Exercise of Option
by signing the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Exercise of Option by Carey Eatherly, the fonn of which is attached
hereto as Exhibit A, be, and the same is hereby, granted for a period of five (5) years, beginning
May 15,2007, and ending May 14,2012.
Section 3. That the Mayor be, and he is hereby, authorized and directed to acknowledge
acceptance, on behalf of the City of Paris, of said Exercise of Option by signing the same.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of January, 2007.
;!~k'7?&~~
Richard Manning, Mayor ./"".
ATTEST:
(COw
ice Ellis, City Clerk
APPROVED AS TO FORM:
~(
D. Lestock, Assistant City Attorney
EXERCISE OF OPTION
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
That Carey Eatherly did heretofore, on the 11th day of May, 1992, execute a
Pasture Lease Agreement for that portion of Cox Field property described on Exhibit A to
said lease, attached thereto and made a part thereof, with the CITY OF PARIS, PARIS,
TEXAS, a municipal corporation.
Carey Eatherly does hereby exercise his option forthe five (5) year period beginning
May 15, 2007, and ending May 14, 2012, at the annual rental rate of $2,653.00.
SIGNED this 8th day of January, 2007.
Carey Eatherly
Acceptance of the above Exercise of Option is acknowledged this 8th day of
January, 2007.
CITY OF PARIS
By:
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
;-J,
~ohn D. Lestock, Assistant City Attorney
EXHIBIT 1
December 15, 2006
lOC1BJrVJIm
DEe 2 1 2006
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City of Paris:
I am giving written notice of my intentions of exercising my option
to renew and extend the pasture lease for an additional (5) years at the Cox Field
location.
Carey Eatherly
(qO)) 18\;08)'2-
KNOW ALL MEN BY THESE PRESENTS:
WITNESSETH:
For and in consideration of the construction of three and
three-fourths (3 3/4) mile of fence for a 788 acre tract shown on
Exhibit A attached hereto, payable to the CITY OF PARIS, a
municipal corporation, said CITY does hereby lease, rent and let
unto LESSEE, the following described property, being the property
known as Cox Field and situated in Lamar County, Texas:
The term of this lease is for five (5) years, beginning on
the 15th day of May, 1992 and ending on the 14th day of May,
1997.
IN CONSIDERATION HEREOF, it is mutually agreed by and
between CITY and LESSEE:
1. That in lieu of cash rental LESSEE agrees to construct
three and three-fourths (3 3/4) miles of fence for the first 5
years and to pay cas t of $13,265.00 for the option 5 years,
LESSEE will build three-fourths (3/4) mile of new fence per year
consisting of 5-wire barbed wire fence, steel posts 12 feet apart
with a stay in between with welded braces per mi Ie and welded
metal corners. LESSEE will also maintain existing fence until it
is renewed.
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, 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 other purposes involving the
provision of similar services or benefits, the LESSEE shall
maintain and operate such facilities and services in compliance
with all other req~irements 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-EHectuation of Title VI of the Civil Rights Act
of 1964, and as Regulation may be amended.
4. LESSEE, his 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 todiscriminat ion, (3) that LESSEE shalI
use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulation,
Department of Transportation, Subtitle A, oHice 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 will abide and comply by all rules,
regu la t ions, or d inances and laws per ta in i ng to the us e 0 f the
a i rpor t loca ted a t Cox Field, i nc Iud ing but not 1 imi ted to the
City of Paris Airport Manual and Federal Aviation Administration
rules and regulations pertaining to Cox Field and will not erect
or perm i t to be er ee ted, any s true tur e 0 f any kind wh ich will
interfere with ~he u~e of such airport in any way.
6. That LESSEE will use such premises for pasturing,
grazing, or cutting hay and for no other purpose.
PASTURE LEASE AGREEMENT - Page 2
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 location 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
Administratiun" 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. 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 the total cost of
removing the same for which he will receive a bill and the
failure to pay the same' will be a default of this lease
agreement.
9. The areas within the lease boundaries not cut for hay,
shall be shredded twice annually by LESSEE. Hay bales shall be
promptly removed, storing of same on the premises is not
permitted.
10. That LESSEE will take good care of the leased premises
and be responsible for and make good to CITY all injuries and
damages to same caused by LESSEE or those under him, and will
re-deliver same to CITY at the expiration or termination of this
lease in as good condition as when received, usual wear and tear
alone excepted; and LESSEE will, at the termination or expiration
of this lease, peaceably yield up to CITY 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.
11. 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 CITY and shall be surrendered
to CITY at the termination or expiration of this lease; except
that in those, instqnces wherein it is specifically provided for
ownership to remain in LESSEE.
PASTURE LEASE AGREEMENT - Page 3
12. That in the event this lease is terminated during its
primary term through no fault of LESSEE, then and only then, CITY
will reimburse LESSEE for his 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.
13. The City of Paris reserves the right of all concession
and the right to park aircraft along the taxiways and runways in
the event an air show is sponsored by the City of Paris or
assignees.
14. That it shall be lawful for CITY, its agents or
employees, to enter upon and into the lease premises and every
part thereof at all times for the purpose of inspecting and
examining the condition thereof.
15. That LESSEE will not assign this Lease or sublet the
leased premises or any part thereof without the written consent
of CITY firs t had and obtained. The Ci ty or Paris will not
withhold such consent unreasonably.
16. 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/100 Dollars ($10.00) per head for
removal of said livestock.
17. That LESSEE agrees to indemnify, save, keep and hold
harmless CITY 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,
his invitees, agents, servants or employees' use, and LESSEE
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
PASTURE LEASE AGREEMENT - Page 4
of repair, LESSEE hereby waiving any defects therein and agree to
hold and save CITY 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, his 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 mus t be written and issued by a reputable insurance
company or companies, with CITY as an additional insured, subject
to approval by the City Attorney of the City of Paris, and LESSEE
or his insurance carrier or carriers shall deliver a copy of any
such policies to the City Clerk of the City of Paris, 150 1st
S.E. Street, Paris, Texas 75460, or furnish to said City Clerk a
current letter or certificate 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
and specifically noting thereon that CITY is an additional
insured. All such policies shall be written so that the CITY
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 LESSEE
at the following address: City Clerk, City of Paris, P. O. Box
9037, Paris, Texas 75461-9037.
18. Should LESSEE default in, or fail or refuse to keep any
of the covenants, conditions, stipulations and/or provision
herein contained, notice thereof shall be given in writing to
LESSEE by CITY's Airport Manager, giving LESSEE thirty (30) days
PASTURE LEASE AGREEMENT - Page 5
to correct such discrepancy, and In the event such default,
faflure 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 CITY's Airport Manager. After affording
LESSEE such hearing the Airport Advisory Board shall recommend to
the Ci ty Council that the lease continue or be terminated, and
thereafter the City Council shall take such action as it deems
necessary.
19. That LESSEE will use the property leased as a permanent
pastureland with legumes and perennial grasses. No continuous
row cropping is allowed. It is understood and agreed that LESSEE
will be responsible for seed bed preparation, fertilization,
planting, weed control and harvesting of crop. During the term
of this lease or any extension thereof, LESSEE shall follow ASCS
recommendations for annual fertilization with primary product
being organic fertilizer, a copy of which recommendations shall
be filed with the City Clerk of the City of Paris at least
annually. The maximum height of weeds and grasses shall be three
(3) feet. LESSEE will notify Airport Manager of date and time
when area will be fertilized.
19. That the CITY may at its option terminate this lease as
to the entire tract, or any part thereof, which may be necessary,
in the event the CITY desires to use the ~roperty, 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 CITY shall give
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
CITY, the unearned portion of the rental payment shall be
refunded to LESSEE.
20. 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
PASTURE LEASE AGREEMENT - Page 6
hereby given and granted to LESSEE to renew and extend this lease
for an additional period of five (5) years from and after the
expiration of this agreement, for and in consideration of the sum
of $13,265.00 payable in equal annual installments of $2,653.00
each, the first of which will be due and payable on or before May
15, 1997, with a like payment being due and payable on or before
the 15th day of May of each year thereafter during the term of
said five year option period. Said option may be exercised by
LESSEE's giving notice in writing of LESSEE's intention to renew
said lease on or before the 1st day of January, 1997.
Executed on this 11th day of May, 1992.
CITY OF PARIS, PARIS, TEXAS
~~ ;!-v4-u
orge Fisher, Mayor
ATTEST:
APPROVE~TO FORM:
~6f~
T. K. Haynes, City Attorney
LESSEE
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared George Fisher, Mayor of the City of Paris, Paris, Texas,
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 11th day of
Ma~IIJ9~21.IIIIIIIIIIIIIIII~ r2
I ,,'''''.'.'... ALICE M. PINAL TO I a Jt~~
I "<'~' 'lit P bl' I · (
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STArE OF TEXAS ~
~
COUNTY OF DALLAS ~
BEFORE ME, the undersigned authority on this date personally
appeared CAREY ETHERLY, 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 th is li!!day of
May, 1992.
1IIIIIIIIIIIIIIIIIIIIIIIj
I . /~:;,.,~ ALICE M. PINA~ TO I
I ..~\~.~t( Notary Public I
I ,,' 'II I
~ .:{ . State of Texa~ ~
I \.'\ ~~! Commission ExPires I
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Notary Public, State 0 Texas
Printed Name:
My Commission Expires:
PASTURE LEASE AGREEMENT - Page 8
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lease for an additional period of five (5) years from and after the expiration of the
second option herein granted in paragraph 2], above. Said option may be
exercised by LESSEE giving notice, in writing, on or before the 1st day of
January, 2007, of LESSEE's completion or intention to complete said planting of
125 acres of common bermuda grass before the expiration of the second option
herein granted. In the event that LESSEE exercises all option herein granted, this
lease would terminate 011 May 14, 20 1 2. "
EXECUTED en the 14th day of August, 1995.
By:
CITY OF PARIS, PARIS, TEXAS,
~,
Eric S. Cliffor~ Mayor ....
ATTEST:
~,t6\,\~ 'Q ',- J
Mattie Cunningham, City ~
ST A TE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared ERIC S.
CLIFFORD, Mayor of the City of Paris. Paris, Texas, 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 Mday of August,
1995.
~~~~~~~~~~~~~~~OO
~ ffi~'i LISA FARRIS ~
~ ~~i Notary Public, Stale of Texas 8
~ '"f' My Commission ExpIres 09.20.19978
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Notarv Public. State of Texas
J
STATE OF TEXAS
COUNTY OF LAMAR
. BEFORE ~E, the undersigned. authority, on this day personally appeared CAREY
EA THERL Y, 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 O~'FICE, this 1l:LivJay of August,
1995.
~jruuWJ
Notary Public, State of Texas
8000000000000000000000000000000
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() i ":, LISA FARRIS
~ {frJ Notary Public. Stale of Texas
R "i'oIt My Commission Expires 09-20-19978
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