83-061 RES CITY COUNCIL DEEMS IT IN BEST INTEREST OF ORDERLY OPERATION OF COX FIELD AIRPORTRESOLUTIOPJ P30. 83-061
WHEREAS, the City Council of the City of Paris deems it
to be in the best interest of orderly operation ot Cox Field
Airport that hanger leasing be accomplished by written lease
in the form of Exhibit A attached hereto; and,
WHEREAS, monthly tie-down space rental should be
accomplished by written agreement in the form of Eyhibit B
attached hereto; and,
WHEREAS, due to the frequency and number oi hanger
leases and montlily tie down agreements it would be appro-
priate for the Airport Manager to be authorized to execute
said leases or agreements within the guidelines established
by the City Council and such authorization should be granted
herein; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the hanger lease form and monthly tie-down
agreement form attached hereto as Exhibit A ar_d B be and the
same are hereby approved; and,
BE IT FURTHER RESOLVED that the Airport Manager, Jim
c;ollier, be and he is hereby authorized and directed to
execute hanger leases and tie-down agreements on behalf of
the City ot Paris until further instructed.
Passed and adopted this 12th day of September, 1983.
oe ra am, Mayor
ATTEST:
. , re ne, ity er
APPROVED AS TO FORM:
T. K, aynes, ~r.y ttorney
EXHIBIT A
C(.)Y FIELD F\TI:PGKT
A(3b'F1F111?I11T FOP, }iANC;E~'~ SYAC"t~:
Thi_s cortract and aq~;reement ot Lease, t.^.iaue this
day of 9 , between the City of- Paris,
~~aris, I e x a - m-t~zrtic~.~ ~ cc~rt:ior,t' _ I,,
~ s ~~~r~ c~t <~t7ar County,
1'e~:~~;; , ilc~rc~i~?<<ftc,r Cai Lcci "C t`?'Y" ,ard
-rr- , -~T--
1(~YE'1S1~3I i"E'~ i~~('C~_- 1,~`~}'.~. .
A. n consi eratioi. a~: t~he: pavmer.~ o_
-
per roenth, p~:y~ib~_e c,~r. t};E i-irst' d~~,, ~~o- ez3~--ric,n 1, CITY
agrees L-o 'Let, on a montli t:o monrh b.^.sa..s, the abcve
de5ignared Iianger Space Pda. , at the C,ox
Field Airport, rerei.paf ter c~-~T-e-c-- i_,,iRPOR1 ; sub j ect tc'
the conditior.s and covenants tlerein contai.r:ed, and to
be used for_ the following:
1. P1ariE No
2. Regi ; tered Uwr~er ~
3. Hor.;e Phone No.
4. Business Phone No.
S. FIoMe Address
B. LESSEE covenants with CII'Y as follows, to-wit:
l. LESSI:L, agree:, 1-.o r.oti fv Ai_rport Manager, 4_n
w1-i_t inp
wi thin ten (10) Onys, ot any change in
fihe i_nformation fur-nished herc>itl.
LESSEE agrees to abide by al.l rules and
regulations of the Federal Aviation Adrlir.is-
tration, State o{ Texas, Ci tv of Paris, az.d any
other dul_y constit.ur_ed publ.ic authority havir.g
ju:-isdiction over the airport.
LESSEF, sha.11 not sublet: or iurnish fio anv
oth,er person any ofiice space, storage space,
aircrart stcrage, or any other right or privilege
i.n or or Airport proper. t~,1, caithout t-he writter:
cons,:~nt of the LE:7~OR.
4. I.,E:: r''r: ap
grees t=o accept a11 ~acilities on the
l.eased prenises ir tl:e coiiditicr in whi.ch theV are
f:;und. CI'iY herebv disclains ar.d LESSEE herebv
accepts CT_TY'S di_sclair.zer of any warranfiy, express
or ir.lpLied., of the condition or fitr:ess of the
pr_etnises ar the tie-dowr apparatus.
5. LFSSTI; sh;:I_I iurni_sh such cqllipr.:ent as mziy be
necessar.y to properi=v secure his aircraft. LESSEF
agrc,c:> to bc sc>leiy responsi_ble ior setting
brakes , g~~ ,fi_c.ing chocks y t:ying ciown or orhe-rwise
c- c Cti7...~.1-i`; ~"siF z 31r C'fa Ft: .
6. LESS,~'E cc>venant:,_; arcl agrees t:lat he wi ' l not
hei_ci C1T'Y cr a.l,y of its agents rt~sponsible for an}J
ioss ~?ccas3_oned by~ L~re, thef(~, rain, windstorrn,
hail, or any other c:aiuse whatsoever, whether said
cause be thc, direct, indirect, or merel.y a con-
tributing f<:ctc>z: i.n producing the loss to any
airplane, :rutomobile, personal property, parts or
surplus that may be located or stored in. the
hangers, offices, aprons, field, or any other
location at the airport; and LESSEE agrees that
the aircrart and its contents are to be sr_ored at
airgor_t; and LESSEE agree-s ttiat the aircraft and
it5 conter,ts are to be stored at LESSEE's r.isk
whethe-I on the field or in the hangers, not
withstanding the aforesaid LESSEE does not farfeit
the rights tlia.t other r.lembers of the flying public
have.
7. LESSEE agrees tc indemnity, defezzd, hald
harmless the CITY, its agents, officers, and
employees, from and against ariy a.nct all liability
or. loss resuiting from claims or court action
arising cli_rectly or indi rectly out of the acts of
I.ESSF.E, }li_s agents, ser_vants, guests, or business
vi.sitors under thi_s agreement or by reason of any
act or on-L'Ission of such person arising from any
use Of the aitp.1rt: premises anc!/or facilities.
8. LE55r.'E ~.gre~.~s th at_ ~n the event of arty
r.iisrepresentatian cr default by LESSEE regarding
an~7 c~f tlie cbl~.g~ttior.s of this a~;reement CITY may
impaund r:xl1 aircraft and padloc_k a11 facilities of
LESSEE herein leased.. LESSEE further covenants and
agrees thar_. L.F.,SSF.r. wi_11, upon failure to pay the
rental hereinabove agreed upon, yield up unto CITY
all and singular the leased premises in good
condi.tion, reasonable use and wear and tear
accepted; LESSEE further_ covenants and agrees that
if LESSFE shall fail to pay the rental hereinabove
agreed upon, CITY may lawfully at any time there-
after, af.ter five (5) days written notice by
ciepositing in the U.S. riail addressed to the last
icnown address of LESSEE, enter upon the leased
premises or_ any part thereof and remave LESSEE's
aircrart thereform, forcibly if necessary, without
being taken or deemed guilty of any manner of
trespass, and without liability on the part of the
CITY ot <any kind or nature whatsoever, ar,d
without prejudice to atly legal remedies which
might otherwi se be used by CITY for possession of
sa.id premises or for arrears of rent, and that
upon entr;T aforesaid the rights of LESSEE under
this lease shall cease.
9. CITY may terr;zi_nate thi5 agreement with cause
on delivery of written notice to the LESSEE at his
a..ast know address and upon refunding to LESSEE a
pro rate amount of the storage charges heretofore
provided fc,r the unexpired portion of the month
following the date of such terrninatian; and upon
such termination, the LF.SSEE shall immediately
remave sai.d aircrait from the Airport.
10. CITY sha11 h<_:ve the right to enter said
prer.lises at an_y time for inspection or repairs,
additions or alter_ations necessary for the safety,
improverient, or preservation of tlie leased prem-
ises.
LESSEE liereby acknowledges receipt of a copy of this
agreement and a copy of ArL-icle I of Chapter 6 Code of
Ordinances of the City uf Paris and u copy of Federal
Aviation Agency Air Traific Service, effective August 27,
1962 as amended, Rules and Regulations of the Airport, said
Rules and Regulations being specifically incorporated by
reference as though fully set forth herein, and agrees that
he shali be bound thereby.
ate
C ITY OF' PARI S
BY:
Airport P°Ianager
a t e _ IE.~~` S EE
EXHIBIT B
COX FIELD AIRPORT
AGRFZMENT FOR T7=L:-DOWN SPF.CE;
This contract and aqreement of Lease, macie this
day of_ , 19 , between the City of Pariss,
Paris, Texas, a munir,i.pal corporation or Lamar County,
'Texas, her.einaf.ter callec:i "CITY" , and
hereinafter called "LESSFE" .
A. In consider_ati.on of the payment ollf $
per month, payable on the first day of each month, CITY
aqrees to let, on a mc?nt.1h: tc, month basis, the a}aove
designat.ed Tie-llowtl Space No. , at the
Cox £'ield Airport, hereinafter called AIRPORT, iUU~2Ct
te the condii:ions and covenants herein contained, and
to be used fc;r the following pur.poses (s) :
l.
Plane No,
Registered Owner
3.
Home Phone No.
4.
Business Phone No ^
5.
Home Address
B. LESSEE covenants with CITY as follows, to-wit:
1. LESSEE agrees ta notif_y Airport Manager, in
writing, within ten (10) days, of any change in
the information furnished herein.
2. LESSEE agrees to abide by all rules and
regulat.ions of the Federal Aviation Adminis-
tration, State of Texas, City of Paris, and any
other dul_y constituted public authority having
juri.sclictior over the airport.
3. LESSI'F Chall not sublet or furnish ta any
otraer person the tie-ciown space herein deseribed,
ar any other r-ight or privil_ege in or on Airport
property wi_th.aut the written consent of the
LESSOR.
4. LESSEF agr_ees to Gccept all f_acilities on the
leased premises in the conditior. in which they are
fcund. CITY hereb17 discl.aims and LESSEE hereby
accepts CITY'S disclaimer_ of any warranty, express
or implied, off the condition or fitness of the
premises or the tie-down apparatus.
5. LESSEE sha].] furnish such equipment as may be
necessary to property secure his aircraft. LESSEE
agrees to be solely responsible for setting
brakes, placing chocks, tying down or otherwise
secur_ing his aircraft.
6. LESSEE covenants and agrees that he will not
hold CITY ar uny of its agents responsible for any
loss occasioned by fire, theft, r.ain, windstorm,
hail., or any other cause whatsoever, whether said
cause be the direct, indirect, or merel_y a con-
t.ributing facto.r in producing the loss to any
airplane, autamobile, personal property, parts or
surplus thzt may be locateci o.r stored in the
hancjers, officer, aprons, fi.eld, or any other
1_acation at trae airport; and LESSEE agrees that
the aircraft ar:d its contents are to be stored at
airport; and LESSEE agrees that the aircraft and
its contents are to be stored at LESSEE's risk
zThet:her on tht: field or in the hangers.
7. LESSEE agr.ees to indemnify, defend, hold
har_rnle.sL the CITY, its agents, officers, and
eml:)'.oyees, f.rorn and against ar.y and all. liability
or loss resul.tinq froni claims or court action
arisi.rg direct.ly or indirectl.y aut of the acts of
I,ESSEE, his aqer-its, servarits, guest.s, or business
visitor_s under tPiis agreement or by reason of any
act or omissicn of such person ar_ising from any
use of the airport premises and/or facilities.
8. LESSEE agrees that in the event of any
misrepresentatiori or default by LESSEE regarding
any of the obiigations of this agreement CITY may
ground all aircraft and padlock all facilities of
LESSEE herein leased. LESSEE further covenants and
agrees that LESSEE will, upon failure to pay the
rental hereinabove agreed upon, yield up unto CITY
al.l and singular the leased premises in good
corldition, reasonable iise and wear and tear
accepted; LESSEE further covenants and agrees that
if LESSEE shall fail to pay t.1e r.ental hereinzbove
agreed upon, CITY may lawfully at any time there-
after without nutice enter upon the leased
premises or any part thereof and remove LESSF;E's
ai.rcraft thereform, forcibly is necessary, without
being taken e.r deemed guilty of any manner of
trespass, and without liability an the part o= the
CITY af any kind or nature whatsoever, and
without prejudice t.o any legal remedies which
miqht otherwise be used by CITY for passession of
said premises or for arrears of rent, and that
upon entry aforesai_d the rights of LESSEE under
tizis lease sha.ll cease.
9. CITY may terminat.e this agreement with cause
or c?elivery of wri.+t.en notice to the LESSEE at his
last know address and upon refuncling to LESSEF a
pr_o rate amount of tl-)e storage charges heretofore
provideci ror tne l.;nexpired portion aT the month
following the date c;f such tex_mynation; and upon
such termination, t.he LESSEE shall inunediately
remove said aircraft frcm the Airport.
10. CITY shall have the right to enter said
premises at any time tar inspection or repairs,
additions or alterati.ons necessary for the safety,
irnprovemerit, or preservat.ion of the leased prem-
a.ses.
LESSEE hereby acknowledges receipt of a copy of this
agreement and a copy of the Rul.es and Regulations of the
Airport, said Rules and Regul.ations being specifically
incarporated by re`erence as though fu_ll.y set forth tierein,
and agrees that he shall be bound therebv.
Date
CITY UF PARIS
BY :
Date
I?irport Manager
LESSEE