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1924 RES CITY COUNCIL IS DESIROUS OF IMPROVING FACILITIES AVAILABLE AT ITS MUNICIPAL AIRPORTl RESOLUTION N0. 1924 , WHEREAS, the City Council of the City of Paris is desirous of improving the facilities available at its municipal airport, Cox Field; and, WHEREAS, F. Andrew Fasken, a tenant at Cox Field for many years, is desirous of joining with others to construct an improved hangar facility, in order that they may meet their needs for hangar space not otherwise available at Cox Field, and do request a lease upon the terms and conditions and for the pro- perty described therein, attached hereto as Exhibit A; 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, is hereby authorized and directed to execute on behalf of the City of Paris, the lease agreement with F. Andrew Fasken and others, upon the terms and conditions and in the form of Exhibit A attached hereto. Passed and adopted this 12th day of March, 197~. . , Michael E.~ 1V~alone, Mayor ATTEST: I ' 4. `/"8/ l. . f~ / ` ~ es Wilkins, Acting City Clerk APPROVEI~-° TO FORM: ~ ' ' . . yne , City Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW A LL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a mun.icipal corporation, acting by and through its City Manager, ROBERT W. SOI<OLL, duly authorized, hereinafter referred to as Lessor, and F. ANDREW FASKEN and HARLEY WAGNON, of Lamar County, Texas, and LOMA A LTO CORPORA TION, a Texas Gorpora - tion, hereinafter referred to as Lessees, WITNESSETH: For and in consideration of the payment of annual rental of $1. 00 to the CITY OF PARIS, a municipal corporation, as follows: Payable on or before the lst day of August of each year, with the first payment being due and payable on or before August l, 1979, said CITY OF PARIS does hereby iease, rent and let unto Lessees that portion of Cox F.ield property described on Exhibit A attached hereto and made a part hereof for all legal purposes. The term of this lease is for twenty-five (25) years, be- ginning on the lst day of August, 1979 and ending on the 31st day of July, 2004. IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessees: 1. That Lessees pay to Lessor, or order, at the City Hall in the City of Par.is, 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 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. ~ EXHIBIT A 3. That Lessees, their successors or assigns, agree that in the event facilit.ies 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 involvT.ng the provision of similar services or benefits, the Lessees shall mainta.in and operate such facilit.ies and services in compliance w.ith all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Off.ice of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportat.ion-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 4. That Lessees, their successors or assigns, agree 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 otherw.ise 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 furnish.ing of services thereon, no person on the grounds of race, color or nat.ional origin shall be excluded from participation in, denied the benefits of, or otherw.ise be subjected to discrimination, (3) that the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to ,1 Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrim.ination 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 Lessees shall comply w.ith all conditions and require- ments established in Department of Transportation, Federal Aviat.ion Administration, Grant Agreements No. 8-48-01.69-02 and No. 6-48-0169-03. 6. That Lessees w.ill abide by and comply with all rules, re- gulations, 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 regu- lations pertaining to Cox Field, and in addition tllereto will abide by and comply w.ith all ordinances of the City of Paris and all laws of the State of Texas governing cit.izens and property with.in the C.ity of Paris. 7. That Lessees will use that portion of such premises in each's possession for private hangar space and for aeronautical ac- tivities for which he holds a permit issued by the C.ity of Paris. 8. Lessees desire to build at their own expense a hangar building, of all steel construction, similar in appearance and con- struct.ion to the exist.ing enclosed T-hangars constructed by the City of Paris in 1976, in accordance with the floor plan attached hereto as Exhibit B, and such structure will not v.iolate any of the rules or regulations of the City of Paz-1.s or the Pederal Aviation Administration, for which a building permit wi.ll be procured from the City of Paris, and the City of Paris agrees to serve said build- ing with tax.iways and aprons equal in quality to those furnished to City constructed T-hangars. It being agreed and understood that Lessees shall be responsible for electric utilities furnished to the hangar bu.ilding during the term of this lease. 4 9. That Lessees will take good care of the leased premises and be responsible and make good to Lessor a1l i.njuries and da- mages to the same caused by Lessees or those under them and will re=deliver same to Lessor at the eYpiration or termination of this lease in as good condition as when constructed, usual wear and tear alone excepted; and Lessees will, upon the expirat.ion of this lease, peaceably yield up to Lessor all and singular the premises in good repatr. 10. That all improvements made upon the said premises by Lessees, or at their instance or request, shall at once become the property of Lessor and shall be surrendered to Lessor at the ter- mination or expiration of th.is lease. 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 exam.ining the condition thereof. 12. That Lessees have the right to assign th.is lease or sub- let any part of the leased premises, with such assignee having all rights, privileges and obligations contained in this lease. 13. That Lessees agree to .indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, I.ia- bilities, suits, claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring on the leased premises result.ing from Lessees', their invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, their invitees, agents, servants, employees or visitors due to the improvements Iocated iherean, or hereafter constructed, or any other condition of the premises being improperly constructed, ma.intained or being or becom.ing out of repair, Lessees hereby waiving any defects therein and agree to hold and save Lessor harmless from all claims for any such damages or .injuries, and h Lessees 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 ancl $300, 000. 00 for any single occurrence for bodily injury or death and $10, 000. 00 for any single occurrence for injury to or destrtlction of pr.operty, 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 Lessees, their invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or polic.ies shall and must be wr.itten and issued by a reputable .insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessees or their insurance carrier or carriers shall de- liver a copy of any such polic.ies to the City Clerk of the C.ity of Paris, or furn.ish to sa.id City Clerk a current letter or certificate from such company or companies, evidenci.ng the fact that such insurance is in full force and effect at all times during this lease and any extension thereof. 14. That Lessees wzll 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 Airport Manager. 15. Should Lessees, or any of t:hem, def_ault in, or fail or re fuse to keep any of the covenants, conda_t.ions, stipulations and/or pro- visions herein contained, notice therc:of shall be gi.ven in writing ta all Lessees by Lessor's Airport Manager, giving Lessees 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 wr.iting by certified ma.il, affording a hearing before ti the Airport Advisory Board on a day cerLain, sIlal.l be given to all Lessees by Lessor's Airport Manager. After affording Lessees such hearing the Aizport Adv.isory Board shall recommend to the C.ity Council that the lease continue or be terminated, and thereafter the City Council shall take such action as it deeins necessary. 16. That the City may at its option terminate this lease as to the entire hangar building and tract, 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 or other airport facilities. In the event of either of the above contingencies, the City shall provide to Lessees, or either of them de -possessed, hangar space of equal quality at no expense to said Lessee or Lessees for the remainder of the term of this lease. 17. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of Lessees. Executed on the dates shown .in acknowledgements below. C ITY OF PA R IS By: A TTEST: Robert W. Sokoll, City Manager H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, C.ity ttorney LESSOR F. ndrew Fasken Narley Wagnon LOMA A LTO CORPORA TI4N By: - ATTEST: Larry F. Ferguson, President 7 Secretary LESSEES STATE OF TEXAS 0 COUNTY OF LAMAR 0 BEFORE ME, the undersigned authority, on this day pErsonally appeared ROBERT W. SOI<OLL, 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 , 1979. Notary Public, Lamar County, Texas STATE OF TEXAS 0 COUNTY OF LAMAR 0 BEFORE ME, the undersigned author.ity, on this day personally appeared F. ANDREW FASKEN and HARLEY WAGNON, known to me to be the persons whose names are subscribed to the foregoing in- strument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1979. Notary Public, Lamar County, Texas • STA TE OF TEXA S 0 COUNTY OF DA LLA S 0 BEFORE ME, the undersigned authority, on this day personally appeared LARRY F. FERGUSON, President of Loma Alto Corporation, 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 capa- city therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1979. Notary Public, Dallas County, Texas BEGINNING at a point that is 100 feet West of the North West Corner of the open bay T-Hangars immediately West of the drainage channel, Cox Field, :r Paris, Texas; 1TIENCE West 50 fee THENCE South 131 fe THENCE East 50 feet THENCE North 131 fe beginning, the same being bay hangars. t to a point; et to a corner; to a corner; et to the place of parallel to said open u EXHIBIT A