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
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