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83-022 RES CITY COUNCIL IS DESIROUS OF IMPROVING FACILITIES AVAILABLE AT MUNICIPAL AIRPORTRESOLUTION N0. 83-022 WHEREAS, the City Council of the City of Paris, is desirous of improving the facilities available at its municipal airport, Cox Field; and, WHEREAS, Edward S. Keller is desirous of constructing a concrete slab and installing a portable hangar facility, in order that he may meet his needs for hangar space not otherwise available at Cox Field, and does request a lease upon the terms and conditions and for the property described in Exhibit A attached hereto; NOW, THEREFOkE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAkIS, that the City Manager, David H. Doty, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the lease agreement with Edward S. Keller for property located at Cox Field, Paris, Texas, upon the terms and conditions and in the form attached hereto as Exhibit "A". Passed and adopted this 9th day of May, 1983. ( 4xc", 7e ra am, Mayor ATTEST: ~ H. C. Gifeene, ity er APPROVED AS TO FORM: T. K. Haynes, City Attorney EXHIBIT "A" LEASE AGREEMEIIT STATE UF TEXAS § KNOW ALL MEN BY THESE PP.ESENTS: COUNTY OF LAIviAP, § LEASE AGREEMENT BETWEETI the CITY OF PARIS, a municipal corporation, acting by and through its City P-lanager, DAVID H. DOTY, duly authorized, hereinafter reterred to as L,ESSOR, and EDWAkU S. KELLER, of Paris, Lamar County, Texas, herein- after referred to as LESSEE, WITNESSETH: For and in consideration of 150i of monthly tie down fee, payable to the CITY OF PARIS, a mur.icipal corporation, as follows: first payment due on or befcre June l, 1983, with a like payment on or before the lst day of each montti thereafter during the remainder of the term or any extension hereof, said CITY OF PARIS does hereby lease, rent and 1et unto ED14ARD S. KEI,LER, that portion of Cox Field property described on Exhibit "A" attached hereto and made a part hereof for all legal purposes. The term of this lease is for Ten (10) years, beginning on the lst day of June, 1983, and ending on the 31st day of May, 1993. I11 CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or order, at the City Ha11 in the City of Paris, the agreed renta1 in advance, promptly and without no-glect, default or delay deducting therefrom during the primary term hereof, a monthly credit of $150.00 tir.les his certified cost of concrete slab founda- tion divided by $1,000.00 divided by 12. 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 another purpose involving the provision of siriilar services or benefits, the LESSEE shall r.zaintair. and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Depart- ment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrirmination in Federally assisted programs of the Department of Transportation, Effectuation of Tit1e VI of the Civil Rights Act of 1964, and as said Regulations may, be ar.zended. 4. That 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 turnishing of services thereon, no person on the grounds ef race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE sha11 use the premises in compliance with all other requirements iraposed by or pursuant to Title 49, Code of Federal Regu- lations, 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 Agreement No. 8-48-0169-02 and No. 6-48-0169-03. 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 pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of the State of Texas governing citizens and property within the City of Paris. 7. That LESSEE wi11 use such premises for the hangaring of aircraft owned or leased in his name only except in cases of emergency which will promptly be reported to the Airport Manager or City Manager of the City of Faris. 8. That if, in the course of using such premises ior aircraft storage, LESSEE desired to build, at his owr: expense, a concrete slab foundation for a portable hanger building and apron in pursuit of such use is wi11 be so permitted upon application for building permit showing such proposed construction to meet City of Paris and Federal Aviation Administration requirements, upon the property described in Exhibit "A" attached hereto and in the event of a termination of this lease by the City of Paris as permit- ted herein during the prir.iary term of said lease, the City of Paris wi11 be obligated to pay to Lessee 1/20th of the original cost of said concrete slab foundation and apron multiplied by the number of complete years remaining in said primary term. In the event that final termination of said lease occurs after the initial ten (10) year term of said lease, there shall be no payment due LESSEE. 9, That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR a11 injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration 30 az)ua2?zT2au auq -70 ITnsaz auI sp `}oazaul izud Kue zo ,Xqzadozd pasval pZus go sas?uiaid auq uodn jo uz pauzuqsns sa~vuipp ~qzadozd zo sazznCuz ZPuoszad 'sa2pmsp ZTE pup f,us zoj suoszad ZZv 2uzKJzuwapu? `,Kqaadozd go uozqonzqsap zo o3 KjnCuz zoj aouazznooo a12uzs Kup zoi 00'000`OT~ Puv uqvaP zo fznCu? fZ?poq zog aouazanooo aT2uzs Xus zoJ 00'000`00£$ puu uostad zad 00'0001001$ qsvaZ Is 2uzpznozd aoueznsuz jo sazozjod zo XDzTod v loagga pup az)zoj ZZng uz uiPIuiPm puv daa->1 'goazauq suozsuaqya Xue puE `quawaazBE szuq go mzal auq 2uzanp samzl jZV qE qsnui HHSgR7 puE `sazanCuZ zo sa2UMEp qons Xup zoj sMzETD ZZE WozJ ssaZulzuH -dOSSHZ anPs pus pZou oq saaz2U puP uzazaul sqDajap Xu10 2uzniL-M fqazau gaSSg7 IazL-daz go ino 2uzwooaq zo 2uiaq zo pauzeluzvul `paqonzlsuoo XTzadoadUIz 2u?aq saszuia-Td au:1 jo uoz:lzpuoz) zauqo fup zo 'palDnzlsuoo zalivazau zo `uoazauq paIeDoZ sIuaManozdmz auq ol anp szo3zszn zo saafoZduia `squUnzas 'sIuaSV °saaIznuz szu `HHSSaZ 0:1 aZqezZ aq :10u ZZUus NOSS21Z Puu `asn saaXoZdma zo sIuUnaas `sIu02E `saaq?nuz szu `s,Hassa7 uiozg 2uzqjnsaz saszmazd pasuaT aul uo 2u?zanooo Xiaadozd jo/pup suoszad oi saZZnCu-, zo a2PMsp zoj JanaosqguM zaJ3EZPu3 puP puzx Xzana jo uoi:iz)L- go sasnuo pup smzslO Isqzns `saz:1zTzqszl `s:lqap `spusu'ap ZZU puv XuE lsuzP2s pue mozJ XOSSaZ ssaZmzuu pZou pue daa:q 'anUs `XJzuLUapuz 0:1 saaz2V aaSSa,Z -JEus 'ZZ •pauzElqo puv pEu qszzg gOSSg7 go quasuoo uaiizzM auq inouaZM goazaui lzEd Xup zo saszmazd pasPaj aul IaZqns zo as-PaZ szuI u2zssa :40u ZZzM agSSH7 IPuz 'ZZ 130azaul uozIzpuoD auq 2uzuzIUsxa oup 2uzloadsuz go asodznd aul zog sauiza TTE qv 303zau1 lzEd Xzana puP saszLuazd pasvaT aul oluz pue uodn zalua ol za2vuP14 lzodzzV S,NOSSHZ zOg InjMvT aq IZuus I? lvuz '01 •suozloaaa iuauuuizad azning TZV puP sasiLuazd auq zuTn2uzs pu-e TTE IdOSSgZ ol dn pTaz,~ XTqBaopad `asPa1 siui jo uozquzzdxa auq uodn 'TT?M ZHSSHZ pup :pa:1daoxa auoTU zea4 puL' zpaM Z-ensn `pa:IaZdmoo uauM sB uozIzpuoD pooB sE uz asL-aZ szuq Jo uoz:113uzmzaq zo LESSEE, his invitees, agenr_s, servants or employees, and shall pay promptly all preMiums thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insur- ance company or companies, 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 pol- icies to the City Clerk of the City of Paris, or furnish to said City Cler.k a current letter or certificate from sucli company or companies, evidencing the fact that such insur- ance is in full force and effect at all times during this lease and any extension thereof. 13. LESSEE will furnish City annual tax paid certifi- cate showing taxes paid on any portable hangar attached ter.lporarily to the herein described preLnises. 14. That LESSEE will not use or perr.iit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by the 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 thereof 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 such default, failure or refusal is not corrected, within said thirty day period, a second notice in wiring by certified mai1, affording a hearing before the Airport Advisory Board on a day certain, shall be given to LESSEE by LESSOP.'s Airport Manager. After affording LESSEE such hearing the Airport Advisory Board sha11 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 City may at its option terminate this lease as to the entire tract, in the event the City desires 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 City shall give the LESSEE ninety (90) days natice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. 17. LESSOR guarantees LESSEE access to the leased property at all times during the term of this lease. 18. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE. 19. In the event LESSEE shall keep each and every agreement herein contained and do and perform all of the obligations required of LESSEE hereunder during the primary term of this lease, an option is 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 the primary term upon the same terms and conditions as stated herein, and in the event LESSEE sha11 exercise his first five year option and keeps each and every agreement contained herein and do and perform all obligations required of LESSEE hereunder during said first five year option period, then and only in that event an option is hereby granted to LESSEE to renew and extend this Iea.se for an additional period of five (5) years from and after the expiration of said first five year option period, upon the same terms and conditions as stated herein; said options may be exercised by LESSEE's giving notice in writing of LESSEE's intention to renew said lease on or before the first day of May, 1993 for the first option and on or before the first day of May, 1998 tor the second option. EXECUTED ON THE DATES shown in acknowledgements below. CITY OF PARIS BY: Davi H. Doty, City Manager ATTEST: H. C. Greene, City C er LESSOR E war S. Ke er LESSEE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersi_gned authority, on this day personally appeared DAVID H. DOTY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to Lne that he executed the sar.le for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of riay, 1983. STATE OF TEXAS § COUNTY OF LAMAR § otary u ic, tate o exas My commission expires: BEFORE ME, the undersigned authority, on this day personally appeared EDWARD S. KELLER, 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 this day of May, 1983. otary u ic, tate o exas My commission expires: ~ EXHIBIT-A o WA7ER TANK TAX I - WAY D ~O ~o 9U + 1,487.18' O - - ~ STA.26+32.2 z D , 0 NO SCALE PROPOSED HANGAR LEASE 35.4'x 44' TERMINAL BUILDING x ~ ~ s ~ ~ O C ~ S TAXI WAY-C APRON ~I c z ~ X < f < i ~ Fzrr n NOTFs P~ ,tP 7 STA.30+00 ~ 9y. NORTH AND SOUTH RUNWAY Situa±_~!J a,>out 5 1/2 miles East of the Central Par± of the City of Paris, Lamar County, Texas; BEIr1G a part of the William Scott Survey, Abstract No. 856, and BFINC, a part of Cox Pield Airport Farilities Proper_ty; BEGINNING at a point for corner, sa.id point being 1487.18 feet Right or Westerly from North-South Runway Station 26+32.2 as shown on F.A.A. Project No. 8-48-0169-01, on file at the Paris City Engineer's Office, Paris, Texas, THEPdCE Southerly parallel ta said runway 44 feet to a point for corner; THETdCE Westerly perpendicular to said runway 35.4 feet to a point for corner; TIILNCE Northerly parallel to said runway 44 feet ta a point for cor.ner_; THFNCF Easterly perpendicular to said runway 35.4 feet to the place of Beginning, and containinq 15,576 Square Feet. I Richard Babb, da hereby certify that Notes hereon truly and correctly represent a survey made under my supervision on the grourid thi_s 19th Day of April, 1983. ~ Richard Babb, P.E. Interim City Engineer