2097 RES CITY COUNCIL IS DESIROUS OF COOPERATING WITH US GOVERNMENT IN PROVIDING ADDITIONAL SERVICES TO FLYING PUBLIC AND USERS OF MUNICIPAL AIRPORTRESOLUTION N0. 2097
WHEREAS, the City Council of the City of Paris is
desirous of cooperating with the United States Government
in providing additional services to the flying public and
users of its municipal airport, Cox Field; and,
WHEREAS, the U. S. Government is desirous of leasing
ground space for the purpose of erecting a Very High
Frequency Direction Finder for a term beginning June 1, 1981
with provisions for renewal through September 30, 2001 with
an option for an additional twenty (20) year period, upon
the terms and conditions and for the area therein described
on Exhibit A attached hereto and made a part hereof; NOW,
THEREFORE,
BE IT RESOLVED BY THF CITY COUNCIL OF THE CITY OF
PARIS, That the City Manager of the City of Paris, Robert W.
Sokoll, be, and he is hereby authorized and directed to exe-
cute on behalf of the City of Paris the lease agreement with
the U. S. Government, upon the terms and conditions and in
the form of Exhibit A attached hereto.
Passed and adopted this llth day of May, 1981.
i y urnett, Mayor
ATTE S'I :
H. C": r_ene, City C er
APPROVED AS 0 FOR.'~Z :
~
T. K. Haynes, City Attorney
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMIIVISTRATION
SC1LPZIiWEST REGION
PO.ST C}FFICE 13OX 1689
FtlRT GdGR1'H , fiF..XAS 76101
LEASE
between
C ITY OF FA.nIS, TEX,A 5
and
T}iz L',;rrts.u S'r.vrF-; oi' Antt~:Ricn
,
T}iis LE.asE, made and entered into this llth day of Play,
in the year one thousand nine hundred and eighty-os1e (Iqtil)
by and between
City of Paris, Texas
whose address is pagt Og€iee Bax 1037
Paris, Texas 75460
L.ease No.: I7TFA07-81-L-01106
Very High Freqesency (VtiF)
Uirection Finder (DF) SLte
Cox Field
Paris, Texas
}or i tself, its successors, and
assigns,llereinafier called thc Lessor and the UNITFu ST,rrF~s or :1MLx,cn,llereinaftcr called the Government:
Wrr,r-ssF-rii: Tlte pariies hereto for the cunsideration hereinafter mentioned covenant and agrce as follows:
1. For the term beginning June 1a 1931 ~ an~l ending September 30, 1931, the 1_essor hereby leases to
the G~~~~ernment the follovving descrihecl property, hereiiiafter called the premises, viz:
A circular plat w#.th a 110-faot radius centered an C#ie DF antenna,
witti m right-cf-way for an accesg soad, cab7.c route, and canduiCs
under bath the rurnvay artd taxiway lcscated an Cox Field, Paz'16' Texas,
as mre particalarly shcawm on Urewing No. 5'W-D-9525-1A (Exhibit "A"),
attached hereto and made a part hereof.
1 i)101 -1-123-_' i'g. 1(S-76) Superse(fes Previmis Lclitiun
E)MIBIT A
TO RESOLUTION N0. 2097
Lease No.: DTFA07-81-L-01106
VtiF Uirection Fiad.er SiCe
Patf.s, Texae
a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way
fi0r establishing ajid inaintaining a pole line or pole lines for extending electric power, and telecommunications
facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises;
all rights-of-way to be uver the said lands and adjoining lands of the lessor, and unless herein described by 'netes and
bounds, to be by routes reasonably determined to be the most convenient to the Government; and the righL to
utilize aay eaisting ptiwer 2ines, cantrol Iinaes, concluits, ar other fs►cilities of
the Lessor vrhich sre. adaptablQ to uae irs coaaecti+on witt~ the purpose of thia leese.
b. And the right of gradmg, conditiomng, and installing drainage facilities, and seeding the soil of the preinises,
and the removal of all obstructior,s from the premises which may constitute a hindrance to the establishment and
nuiinteilance of air riavigation and telecommtinications facilities.
c. And the right to make :ilterations, attach fixtures, and erect additions, structures, or signs, in orupon the
premises hereby leased, which alterations, fixtures, additions, structures ur signs so placed in or upoii, or attached to
the said prenuses shall be and remain the property of the Government, and may be removed upon the date of expi-
ratioir or termination of this lease, or within ninety (90) days thzreafter, by or on behalf of thc Government, or its
grantc es, or purchasers of said alterations, fixtures, additions, structures, or signs.
I This lease may, at the option of the Government, be renewed from year to year and otherwise upon the
terrns and conditions herein specifie3. The Government's option shall be deemed exercised and the lease renewed
each year for one (1) year unless the Government gives the I,essor thirty (30) days written notice that it will not
exercise its option before this lease or any renewal thereof expires;PROi'IPED, that no renewal thereof shall extend
the period of occupancy of t}ie premises beyond the 3qhday of SegZember M001; 4YV1fPMlPA1IfFAFfTR
~~~~~~r~~~~+~~ ha~v~r r~►~~ 3. The Government shall pay the L,essor fflnqh"/bJ no utonetary
coasideration in the fcsFm of reatals, it being mutual.ly agreed ttiat L•he
righta extended to the Gavernment herela are in consideratian of the obligatiaas
aesumed bq the GovernzsenC ia its establisluaeet, operation, and mainteuance of
of the fac3.lities upon the premises herebp leased.
fr
~~r~~~tf~~i~f~
~rrery t~'v~t~~~iP"p~711r4~i vy rr°~~~ywir
~
W~~IptY lyn;Olip p Pi 001 y vIIVPPIlrf 1.
4. The Government may ternunate this lease, in whole or in part, at any time by giving at least thigty (30)
days noticz in writing to the Lessor, and no rental shall accrue after the effective date of terminat;,)n. Said notice
shall be sent by certified or registered mail.
5. Th&-Gove{+tfftertt--sha4-surfen der •pc>ssession-44he-#xeiutises-trpofit-the de4e ef-e*p+reFion -ofi-Feriiiination-of
this !ease. If the Lessor by written notice at least days before the_ciate.of-expiration or termination
requests restoration of the premises, the Government aUts-'apiion sfmTl"wiihin ninety (90) days after such expiration
or terrnination, or within such-additianal time as may be mutually agreed upon, either (1) restore the premises to
as Qund_eflnciitinn._as_ihat_,Px;ctin at.ihe~iiuie_of thP [;~~~IUent's..iniiial_enir~c.__upoa. ihe__presuises..under
FAA FORM 4423-2 Pg. 2(8-76) Supersedes Previous Editiun
Lease No.: DTFA07-81-L-01106
VHF Dissction Firlder Site
Pario, Texaa
f}~s- lease-e~--a~y-~eeedi~--~ease-(-~.~}e~ges-te ~e-~re~ritses tr~-~reeei~ree-~att~~-~ragr$~- ~:{a};'~-{b}and--~:{e}a~is3ve,
ordlinary wear and tear, damage by nature elements and by circumstances over which the..6e,vetfiment has no
control, excepted) or (2) make an equitable adjustment in the lease am.q,unt-fbr7he~cost of such restoration of the
prerruses or the dinunution of the value of the premises ~f.iuarest6rea, whichever is less. Should a mutually acceptable
settlement be made hereunder, tllepariies-siTatI enter into a suppleinental agreement hereto effecting such agreement.
Failure to agree_ta~ay-suc7~equitable adjustment shall be a dispute concerning a questioil of fact within the meaning
c~£-€'~a~tse:(Te€-t~is-lease---•-____._________.... _
disptite-<,effeetr4ng &-qaeslieg-e€ faeE-afising-uiider the
ll. reduce his
L,ease which is not disposed of by agreernent shall be decided by the Contracting Officer who sha
decicion to writing and mail or otherwise furnish a copy t}iereof to the Lessor. The decisien6f~the Contracting
Officer sliall be fiiial and coriclusive unless within 30 days frorn the date of recej,pt-c7f such copy, the Lessor mails
or otherwise furnishes to the Contracting Officer a written appeal add sseci to the Secretary, Department of
Tra.lsportation. The decision of the Secretary or his duly .41 ized representative for the deterrnination of such
appeals shall be final and conclusive unless determiuec+b_Y_] court of competent jurisdiction to have been fraudulent,
or capric;ous, or arbitrar}; or so grossl _e+rofieous as necessarily to imply bad iaith, or not supported by substantial
evidence. In connection wit}3_aFfy-appeal proceeding under this clause, the Lessor shall be afforded an opportunity
to be heard and to- ~)f-krr evidence in support of its appeal. Pending Cinal decision of a dispute hereunder, the L,essor
sliall proceed'Aigently wit}i tlle performance of the L.ease and in accordance with the Contracting Officer's
(b } This-c1ause-does-net--p_r#4ucle-eoflsi:~t"I -c>1'-laiv-c}aast ions in cormec~ic44 -wiilt c~eEisie_ ~s }~rovided €or
_
_m_a_king_final the decision of any
in paragraph (a) above; PROVIDED, That notk~ingr.he Lxase shafl fi~ rnns~iue'd as _
adr~~inistiafi~-e~~ia2;=~c~}~esefrta~+ve;o~E~ar~
7. No Member of Congress or Resident Conunissioner stiall be admitted to any share or part of this lease,
or to any benefit to arise tlieref'rom.
8. The Lessor warrarits that no person or selling agency has been employed or retained to solicit or secure this
lease upon an agreement or understanding for a comnussion, brokerage, percentage or contingent fee, except bona
fide employees ur bona Cde establis}ie(l aommercial ur st:iling ;igencies maintained by the Lessor for the purpose of
securing busiiiess. For breach or violation of this warranty, t}Ye Government shall liave the right to annul tlus
lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other considera-
ti«n, the full anmunt of such commission, brokerage, percentage, or co»tingent fee.
9. All notices sent to the parties under the lease shail be addressed as follows:
City of Patie, TeRBs
To the Lessor: Post Off iee SoX I4237
Paris, Tezag 75460
To the Government: ~epattment of Trattsportatiun, Federsl Avisticstz Administration,
P. 0. Box 1669, Att+PnCion: ASW-56. Fort Warth, Texas 76101
FAA FORM 4423-2 Pg. 3(8-76) Supersedes Previous Edition
Lease No.: DTFA07-81-L-01106
VIiF Direction Finder SiCe
Pttris, Texaa
10. This lease is subject to the addition provisions set forth below, or attached hereto and incorporated herein.
These additional provisions are identified as follows:
Articles 11, 12, 13, and 11w follow ttie sfgnatery gage.
IN W,,vtss WxExEOB,the parties hereto have hereunto subscribed their names as of the date first above
WT1tt0R.
C ITY UF PAI:IS , TEX,'tS
As tt7e holder of a mortgage, dated
recorded in Liber
-~y---------------------------------------------------------------....------- (Lessor)
Robert W. Sokoll
- PageS
against the above-described preinises, the undersigtied _Tj,t1a;_~_ity Manager (1 essor)
hereby consents to the foregoing lease and agrees
that, if while the lease is in force the mortgage is (Lessor)
foreclosed, the foreclosure shall not vc,id the lease.
- -
(Mortgagce)
(I,essor)
(I,essor)
THE [,TNITI:U STA'CES OF AMERiC4 •
Bv
/ - L
T Ol'TTE 11. KZRSCH
Trrle
FAA FORM 4423-2 Pg. 4(8-76) Supersedes Previous Edition
Lease No. DTFA07-81-L-01106
VHF Direction Finder Site
Paris, Texas
11. FUNDING RESPONSTBILITY CLASS I- II FACILITIES
The airport owner agrees that any relocation, replacement, or
•odification of any Federal Aviation Administration Class I or II
facility, or components thereof, as defined beloW, covered by this
contract during its term or any renewal thereof made necessary by
airport improvements or changes r+hich impair or interrupt the tech-
nical and/ar operational characteristics of the facilities will be
at the expense of the airport owner; except, when such improvements
or changes are made at the specific request of the Government. In
the event such relocations, replacements, or modifications are
necessitated due to causea not attributable to either the airport
owner or the Government, funding responsibility shall be determined
by the Government.
CLASS I FACILITIES
Remote Transmitter/Receiver (Tower)
Airport Traffic Control Tower
Airport Surveillance Radar
Airport Surface Detection Equipment
Precision Approach Radar
ILS and Components
ALS and Components
Visual Landing Aids
Direction Finding Equipment
VOR, TVOR, 5, VORTAC
(Instrument Approach)
Weather Observing F, Measuring Equip.
(Owm ed $ operated by FAA)
Central Standby Power Plant
CLASS II FACILITIES
Long Range Radar
Air Route Traffic Control Centers
Remote Control Air-Ground
Communication Facila.ty
VOR and VORTAC (en route only)
Flight Service Station
Remote Communications Outlet
Limited Remote Communications Outlet
Other en route facilities
Lease No. DTFA07-81-L-01106
VHF Direction Finder Site
Paris, Texas
12. OCCUPANCY OF LAND BEYOND THIS LEASE TERM:
The Government shall have the option to renew this lease, wholly or
in part, for an equivalent term upon expiration of the initial lease.
13. NON-RESTORATION:
It is hereby agreed between the parties that, upon the textnination
of its occupancy, the Goverrunent shall have no abligation to restore
and/or rehabilitate, either wholly ar partially, tfle property which
is the subject matter of this lease. It is further agreed that the
Government may abandon in place any or all of ttie structures and
equipment installed in or located upon said property by the Govermnent
during its tenure. Notice of abandonment will be conveyed to the Lessor
in writing.
14. ADDITIONS AIVD DELETIONS:
The words "heirs, executors, administrators," in the first paragraph
on page 1 were deleted. In Article 2, "19" is deleted and "2001" added.
Also, in Artiele 2, thc portion beginning "AN1) PROVIDED FURTHER" and ending
"of rentals" is deleted. In Article 3, the portions "rental for the premises
in the amount of," "for the term set for.th in Article 1 above, and",
r.ind the portion beginning "per for" and ending "or vouchers" are deletcd.
Articles S and 6 are deleted in their entirety. Articles 11, 12, 13, and
14 wexe added hereto and made a part hereof prior to ti-ze signature of
either party to this lease.
Lease No. DTFA07-81-L-01106
VHF Direction Finder Site
Paris, Texas
CORPORATE CERTIFICATE
I, H. C. Greene, , certify that I am the
_ City Clerk ~avetaxx of the corporation named in
the foregoi ng agreement; that Robe-rt W. Sokoll
who signed said agreement on behalf of the corporation was then
C ity Manager of said corporation; 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 12th day of May , 19 81
By:
H. C, Greene
SE,AL