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