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2001-056-RES APPROVING/AUTHORIZING NEW LEASE NO DTFA07-02-L-00725 BETWEEN COP AND FAA RESOLUTION NO. 2001-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING NEW LEASE NO. DTFA07-02-L-00725 BY AND BETWEEN THE CITY OF PARIS AND THE FEDERAL A VIATION ADMINISTRATION (FAA) IN CONTINUATION OF PROVISIONS PREVIOUSLY CONTAINED UNDER PRIOR LEASE NO. DTFA07-81-L-Ol106 REGARDING THE RUNWAY 35 VISUAL APPROACH SLOPE INDICATOR (VAS!) SITE AND NECESSARY POWER AND CONTROL CABLE EASEMENTS AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris previously entered into prior Lease No. DTF A07-81-L-OII 06 between the City of Paris and the Federal Aviation Administration (FAA) covering the Runway 35 Visual Approach Slope Indicator (VAS!) Site and the Direction Finder (DF) Antenna Site at Cox Field Airport; and, WHEREAS, said original lease expires by its own terms on September 30, 200 I; and, WHEREAS, the City has been contacted by the FAA and has been provided by the FAA a proposed new lease agreement, designated Lease No. DTF A07-02-L-00725, which would continue in effect those prior lease terms and provisions covering the Runway 35 Visual Approach Slope Indicator (V ASI) Site and necessary power and control cable easements at Cox Field Airport; and, WHEREAS, the City Council has reviewed said lease and finds and determines that said lease is in the best interests of the City, trafficking aircraft at Cox Field Airport, and the citizens of the city of Paris, and should be in all things approved; 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 Federal Aviation Lease No. DTF A07-02-L-00725, which covers the Runway 35 Visual Approach Slope Indicator (V ASI) Site and necessary power and control cable easements at Cox Field Airport, a copy of which is attached hereto as Exhibit A and for all purposes incorporated herein, should be, and is hereby in all things approved, as a successor lease regarding such issues to that prior Lease No. DTFA07-81-L-01106, which is expiring by its own terms on September 30,2001, and the Mayor is hereby authorized to execute and the City Clerk to attest to said Lease. Section 3. That, by adoption of this resolution, Lease No. DTFA07-02-L-00725 shall in all things supercede prior Lease No. DTFA07-81-L-01106. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of May, 2001. ~-~.~ Michael J. Pfie er, or ATTEST: .~ ~h. \. \.\.. \I ~.................. _ ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: U.S. Department of Transportation FEDERAL A VIA TION ADMINISTRATION Southwest Region Fort Worth, Texas 76193-0054 Lease No. DTFA07-02-L-00725 Visual Approach Slope Indicator (V ASI), Runway 35 Cox Field, Paris, Texas LEASE Between CITY OF PARIS, TEXAS and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this _ day of _ , in the year 2001, by and between the CITY OF PARIS, TEXAS, whose address is: P.O. Box 9037, Paris, Texas 75461-9037, foritself or its successors, and assigns, hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: I. PREMISES: For the term beginning October I, 2001, and ending September 30, 2002, the Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: VISUAL APPROACH SLOPE INDICA TOR (V ASI). RUNWAY 35 The necessary land site for a visual approach slope indicator (V AS!) four-box system together with associated power and control cable easements, Runway 35, Cox Field, Paris, Texas, as more particularly shown on Exhibit "A", Drawing No. SW-D- 9882-1, revised August 27, 1985, attached hereto and made a part hereof. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described EXHIBIT A., Lease No. DTF A07-02-L-00725 Visual Approach Slope Indicator (V ASI) Runway 35, Cox Field, Paris, Texas otherwise, to be by routes reasonably determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. RENEWAL OPTION: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's options shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives thirty (30) days' notice that it will not exercise its options, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of September 2021. 3. CANCELLATION: The Government may terminate this lease at any time by giving at least 30 days' notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 4. RENT: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 5. NON-RESTORATION: It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in 2 Lease No. DTFA07-02-L-00725 Visual Approach Slope Indicator (V AS I) Runway 35, Cox Field, Paris, Texas or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 9. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 10. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be adrnitted to any share or part of this contract, or to any benefit arising from it. However, 3 Lease No. DTF A07-02-L-00725 Visual Approach Slope Indicator (V AS I) Runway 35, Cox Field, Paris, Texas this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. II. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, in its discretion, to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 12. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the F ederal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.c. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Contracting Officer, that it is disputed either as to liability or amount. Submission shall be within six months after the accrual of the contract dispute. The contracting officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor references the matter to the FAA Office of Dispute Resolution for Acquisition. Information relating to submitting a dispute will be provided by the Contracting Officer, upon request. 13. LESSOR'S SUCCESSORS: The terms and provisions of this lease and the conditions herein bind the Lessor and its successors and assigns. 14. V ASI OBSTRUCTION CLEAR AREA: The Lessor shall clear and maintain the Runway 35 V ASI approach area as defined below and shown on Exhibit "B", Drawing No. SW-D-9882-IA, revised January 5, 1982, attached hereto and made a part hereof. (a) A vertical angle of 1.5 degrees starting at the downwind bar and extending outward for six (6) miles. 4 Lease No. DTF A07-02-L-00725 Visual Approach Slope Indicator (V ASI) Runway 35, Cox Field, Paris, Texas (b) A horizontal angle of 10 degrees either side ofthe extended runway centerline, measured from the downwind bar, starting at the runway centerline and extending outward from the threshold for six (6) miles. 15. NOTICES: All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party rnay designate from time to time by notice or correspondence to the other): TO LESSOR: City of Paris, Texas P.O. Box 9037 . Paris, Texas 75461-9037 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, TX 76193-0054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. CITY OF PARIS, TEXAS By: Title: THE UNITED STATES OF AMERICA By: a/~4L/~~ , Dou s G. Stoddard Title: Contracting Officer 5 Lease No. DTF A07-02-L-00725 Visual Approach Slope Indicator (V ASI) Runway 35, Cox Field, Paris, Texas CORPORATE CERTIFICATE I, , certify that I am the of the Corporation named in the foregoing agreement, that who signed said agreement on behalf of said corporation, was then thereof, that said agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Dated this day of ,2001. Signed by CORPORATE SEAL 6 ~, ilJ " ~ ~, ~ ~ v ~ i:: v ~ h. '" '" C> Ui ~ ~ l.{ ~ ~ ~^ , 1.1 ~.,~-! ~ l r<l jl,~m ~ v;~ l . Ii H:'" II ,'i <ij~H ,'\ ~j <, d:i I \ "II ~g~ ! If; ',_ ~dl" i !\ . ~ ~ . I \ '~11 ~ i: ~ I 1 I '~:'I r:..~-1'! . II ,. ~~ -~ : ~,I 1 ' "J.-~ "' H,t ~~ ~~ I '" I i I \ ----,0.<-;-- , \ \ \ \ / / \ / I ~[\n__!~,___.1 / " / ': i;AI " ' c. '. 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