1915 RES CITY COUNCIL IS DESIROUS OF ENCOURAGING AERONAUTICAL ACTIVIITES AT MUNICIPAL AIRPORTRESOLUTION N0. 1915
WHEREAS, the City Council of the City of Paris is desirous
of encouraging aeronautical ac~ivities at its municipal airport,
Cox Field; and,
WHEREAS, James M. Wrenn, Jr. , a tenant at said Cox Field
for many years, is desirous of providing aircraft engine and
accessory maintenance service at Cox Field, and in order to do so
he desires to lease the main hangar owned by the City of Paris at
Cox Field, upon the terms and conditions as shown in E~ibit A
attached hereto; NOW, THEREFORE,
BE IT RESOLVED BY THE 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 execute on
behalf of the City of Paris, the lease agreement with James M.
Wrenn, Jr. , upon the terms and conditions and in the form shown
in Exhibit A attached hereto.
Passed and adopted this 8th day of January, 1979.
~
Michael E. Malone, yor
ATTEST:
.
H. C, ree e, City Clerk
APPROVED AS TO FORM:
,
T. . Haynes, City Attorney
LEASE AGREEMENT
STATE OF TEXAS 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~ LEASE AGREEMENT BETWEEN THE GITY QF PARIS, a
municipal corporation, acting by and through its City Manager,
ROBERT W. SOKOLL, duly authorized, hereinafter referred to as
Lessor, and JAMES M. WRENN, JR. , of Lamar County, Texas,
hereinafter referred to as Lessee, WITNESSETH:
For and in consideration of the payment of monthly rental, due
on or before the lst day of each month, to the CITY OF PARIS, a'
municipal corporation, as follows: $300. 00 per month, which includes
utilities, for the month of January, 1979, and each month thereafter,
so long
as
the CITY OF PARIS
retains use of operations office, pitots'
lounge
and
restrooms, with the
monthly rental being increased to
$325.00, plus utilities, at the time that the City vacates the operations
office, pilots' lounge and restrooms, said CITY OF PARIS does hereby
lease, rent and let unto JAMES M. WRENN, JR. that portion of Cox
Field property known as the main hangar and 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 January, 1979, and ending on the 31st day of December, 1988.
IN CONSIDERATION HEREOF, it is mutually agreed by and be-
!tl
tween Lessor and Lessee:
1. That Lessee pay to Lessor, or order, at the City Hall in
the City of Paris, the agreed rental in advance, promptly and without
neglect, default or delay.
2. That this lease is subject to all the terms, provisions
and conditions of the deed of conveyance of such premises from the
.r
EXHIBIT A
United States of America to the City of Paris, recorded i.n 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 oper-
ated 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 similar services
or benefits,.'the Lessee shall maintain and operate such facilities and
services in compliance with all other requirements imposed pursuant .
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of rhe Department of Transportation--
Effectuation of Title VI of the Civi.l Rights Act of 1964, and as said
Regulations may be amended.
4. That I_,essee, his successors or assigns, agrees that
(1) no person on the grounds of race, color or national origin shall
be excluded from participation in, denzed the benefits of, or be other-
wise subjected to di.scrimination in the use of said facilities,
(2) that in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the
grounds of race, color or national origin shall. be excluded from par-
ticipation in, denied the benefits of, or otherwise be subjected to
~
discrzmination, (3) that the Lessee shall use the premises in com-
pliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Depaartment of Transportatzon-
Effectuation of Titl.e VI of the Civil Rights ,Elct of 1964, and as
said Regulations may be amended.
S. That Lessee shall comply with all conditions and require-
ments established in Department of Transportation, Federal Aviation
Administration, Grant Agreements No. 8-48 -0169 -02 and
No. 6-48 -0169 -03.
6. That Lessee will abide by and comply with all rules, regu-
lations, ordinances and laws pertaining to the use of the airport lo-
cated at Cox Field, including but not limited to the City of paris
Airport Manual and Federal Aviation Administration rules and regula-
tions 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 will use such premises for aeronautical ac-
tivities for which he holds a permit issued by the City o I f Paris in
accordance with Article II of Chapter 6 of the Code of Ordinances
of the City of Paris.
8. That Lessee will permit those persons having rental
agreements with the CITY OF PARIS for hangar space in the main
hangar being herein leased to continue in said hangar at the same
monthly rental until the end of the month in which the new T-hangars
are authorized for occupancy; Lessee being entitled to said monthly
hangar space rental from and after January 1, 1979.
9. That Lessee will take good care of the leased premises
and be responsible and make good to Lessor aIl injuries and damages
^ to the same caused by Lessee or those under him and will re-deliver
same to Lessor at the expiration or termination of this lease in as
good condition as when received, usual wear and tear alone excepted;
and Lessee will, upon the expiration of this lease, peaceably yield up
to Lessor all and singular the premises and all future erections,
additions or repairs to or upon same, in good repair, including but
not limited to main hangar building, permanent installation of equip-
ment and fixtures.
10. That all additions or improvements made upon the said
premises by Lessee, or at his instance or request, shall at once
become the property of Lessor and shall be surrendered to Lessor
at the termination or expiration of this lease; except that in those
instances wherein it is specifically provided for ownership to re-
main in Lessee.
11. That it shall be lawful for Lessor's Airport Manager to
enter upon and into the leased premises and every part thereof at
all times for the purpose of inspecting and examining the condition
thereof.
12. That Lessee will not assign this lease or sublet the
leased premises or any part thereof without the written consent of
Lessor first had and obtained.
13. That Lessee agrees to indemnify, save, keep and hold
harmless Lessor from and against any and all demands, debts, lia-
bilities, suits, claims and causes of action of every kind and
character whatsoever Eor damage or injuries to persons and/or
property occurring on the leased premises resulting from Lessee's,
his invitees, agents, servants or employees' use, and Lessor shall
not be liable to Lessee, his invitees, agents, servants, employees
or visitors due to the improvements located thereon, or hereafter
constructed, or any other condition of the premises being improperly
constructed, maintained or being or becoming out of repair, Lessee
1 hereby waiving any defects therein and agrees to hold and save
Lessor harmless from all claims for any such damages or injuries,
and Lessee must at all times during the term of this agreement,
and any extensions thereof, keep and maintain in full force and effect
a policy or policies of insurance, providing at least $100, 000. 00 per
person and $300, 000. 00 for any single occurrence for bodily injury
or death and $10, 000. 00 for any single occurrence for injury to or
destruction of property, indemnifying all persons for any and all
damages, personal injuries or property damages sustained in or upon
the premises of said leased property, or any part thereof, as the
result of the negligence of Lessee, his invitees, agents, servants or
employees, and shall pay all premiums due thereon when due. It is
expressly provided that such insurance policy or policies shall and
must be written and issued by a reputable insurance 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 policies to the City Clerk of the City of Paris, or
furni'sh to said City Clerk a current letter or certificate from such
company or companies, evidencing the fact that such insurance is
in full force and effect at all times during this lease and any exten-
sion thereof.
14. Lessee will not rent the premises or any part thereof
for aircraft storage unless a permit under Article II, Chapter 6, of
the Code of Ordinances of the City of Paris, has been issued to him
for that specific: purpose.
15. That Lessee will not use or permit the use of said pre-
mises or any part thereof for any purpose which is determined dan-
gerous or hazardous to the airport operation by the A irport Manager.
16. That Lessee must provide aircraft engine and accessory
-1
maintenance services at Cox Field throughout the term of this tease,
or any extension hereof, and this lease is specifically conditioned upon
that service being provided by Lessee, and in the event that said ser-
vice terminates, then Lessee is in default.
17. Should Lessee default in, or fail or refuse to keep any of
the covenants, conditions, stipulations and/or provisions herein con-
tained, 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 writing by
certified mail, affording a hearing before the Airport Advisory Board
on a day certain, shall be given to Lessee by Lessor's Airport
Manager. After affording Lessee such hearing the Airport Advisory
Board shall 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.
18. That the City may at its option terminate this lease as to
the entire hangar building, or any part thereof, which may be
necessary, 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 notice in writing of its intention to utilize the build-
ing or any part thereof. In the event this option is exercised by the
City, all rental payments collected under this lease shall be refunded
to Lessee, and Lessee shall be paid his costs of any improvements
authorized by the City of Paris and matle to said building.
19. In the event Lessee shall keep each and every agreement
contained herein and do and perform all the obligations required of
Lessee hereunder during the 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
this agreement at a rental rate to be negotiated at that time, and in
the event Lessee shall keep each and every agreement contained
herein and do and perform all of the obligations required of Lessee
hereunder during the term of this lease and exercise his option for
an additional five year period and keeps each and every agreement
contained herein and do and perform all of the obligations required
of Lessee hereunder during said first five year option period, then
and only in that event an option is 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 said first five year option
period at a rental rate to be negotiated at that time; each of the
above options may be exercised by Lessee's giving notice in writing
of Lessee's intention to renew said lease on or before the lst day
of July, 1988 for the first option and on or before the lst day of
July, 1993 for the second option.
20. The terms of this lease are binding on and the benefits
herein inure to the heirs, administrators and executors of Lessee.
Executed on the dates shown in acknowledgements below.
CITY OF PARIS
h
By:
Robert W. Sokoll, City Manager
A TTEST:
H. C. Greene, City Clerk - LESSOR
APPROVED AS TO FORM:
T. K. Haynes, City~torney
James M. Wrenn, Jr.
LESSEE
STATL OT TEXAS 0
COUNTY OF LAMA R 0
BEFORE ME, the undersigned authority, on this day personally
appeared ROBERT W. SOKOLL, City Manager of the City of Paris,
known to me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in the ca-
pacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of January, 1979.
Notary Public, Lamar County, Texas
STATE OF TEXAS 0
COUNTY OF LAMAR 0
BEFORE ME, the undersigned authority, on this day personally
appeared JAMES M. WRENN, JR. , 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 January, 1979.
Notary Public, Lamar County, Texas
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