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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 . 'I'Il\i t;J.l A;j~l".' . P,Ahrs' v1l.1"El "JI. L:, TEXA ~ 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 · ( ~ !~O/,''''''' (-c. Notary U Ie I ~ ~ 1 . I i* ,*. Slat~ ?' Texa~ ~ Notary Public State 0 Texas ~~~LF5fg'g1~~~~~~~ - Page 7 ' ~IIIIIIII/III"IIIIIIIII/ 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 ~ <~'t::,;:9 1-29-96 ~ ~IIIIIIIII"""I/IIIII/I ~ lk. /L Jrtx Notary Public, State 0 Texas Printed Name: My Commission Expires: PASTURE LEASE AGREEMENT - Page 8 ---, '\ l I LEASE PROPERTY (439 ACRES) \~ \~ ~ . t'" . q ,.... -..J "d > OJ > ~ OJ CIl t'1 >-l > > c:: (') ~ l:lj ~ t'1 t'1 t'1 >-! CIl t'" ~ I:'l t'1 ,.... > I:'l > CIl Z "d t'l "d H ~ ~ z 0 z X t'1 H (') ~ ~ 0 x > .-j :z: t%l "'1 t:l ....... H t'l t%l 0 t'" ~ n c:: t:l .-j ... t'l > H l:lj 0 ~ H H ;e .-j "d "d X t%l 0 > ~ ~ JU H 3: t'l !." .-j ~I' ~ I:'l ~ "'1 I H I:'l t"!j Z (') t'l ~ CIl ....... 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 ~ooooooooooooooooooooooooooooJ 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 o ,"'. I () i ":, LISA FARRIS ~ {frJ Notary Public. Stale of Texas R "i'oIt My Commission Expires 09-20-19978 ~~~~~~~~~oo~ooooooooJ