1823 RES CITY COUNCIL IS DESIROUS OF ENCOURAGING AERONAUTICAL ACTIVITIES AT ITS MUNICIPAL AIRPORTRESOLUTION N0. 1823 ,
WHEREAS, the City Council of the City of Paris is desirous
of encouraging aeronautical activities at its municipal airport,
Cox Field; and,
WHEREAS, Tammy Corporation, of Red River County, Texas,
is desirous of leasing l, 000 square feet at Cox Field, to be used in
conducting permitted aeronautical activites, said lease to be upon
the terms and conditions and for the property described in Exhibit 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, I<erry R. Sweatt,
be, and he is hereby authorized and directed to execute on behalf of
the City of Paris the lease agreement with Tammy Corporatlon, upon
the terms and conditions and in the form of Exhibit A attached
hereto.
Passed and adopted this 12th day of September, 1977.
.
a es M. Brun tte, Mayor
ATTEST:
: ~
H, C. Gr ene, City Clerk
APPROVED TO FORM:
, K, a es, ity ttorney
Unitcd Srates of America to the City of I'aris, recordcd in Book 30H>
Page 2-7, Deeci I:ecorus of ?aniar Cou.rlty, T-xas, t-o ~vhich reference
is made for all purposcs.
3. That Lessee, its successors or assi.gns, agr.ees as a
covcnant running witll the land that i n the event f.acilit:ie:s are con-
structed, maintaitlod, ol otherwise opel ated on the said pi operty de-
scr. ibed in ttlis lease for a purpose for whicli a Dcpax tment of
Transportation pragr.am or acti.vity is extended or for another pur-
pose involving the provis:ion of simiiar services or benefits, the
Lessee shall maintain and operate sLIch facilities and services in
compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Re.gulations, Department of Transportation, Subtirle
A, Office of the Secretary, Part 21, Nondiscrimination in Tederally -
assisted proarlrns of the Department of Transportation-Effectuation
of Title VI of the Civil 1Zights Act oE 1964, and as said Rcgulations
may be arneticled.
4. Th1t Lessee, its successoi s or assions, a~;rees as a.
covenant running wi.th the land (1) that no person on the grounds of
race, color or national oricrin shall be eXCltilded frorn participation
in, denied the benefits of, or be otherwise subjecteci to discrimina--
tion in tlle use of said fac.i lities, (2) that in the construction of any
improvemenLs on, vver, or under such land and the furnisliing of
servi_ccs tilereorl, no person oi1 the grounds of .race, color or national
ori(yin shall be excluded froin paz'ticipation in, cienied the beriefits of,
or otherwise be subjected to discr. imination, (3) tliat the Lessee
shall use tlle prem.i.ses in compliance witti all other requirements
imposccl by or pursuant to Title 49, Code of Federal Regulatioris,
1)(Vartment of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrirnination in Fede.rally-assisted p.rograms of the
Dc.partn-ielit oL "Iransportation-Fffectuation of Title VI of the Civil
Rights Act of 1964, ana as said Regulations may be amended.
5. That Lessee shall comply with all conditions and reqtzire--
ments established in Department of. 'I'r. ansportation, Federal Aviation
Admini.stration, Grant 1lgreements No, 8-48-0169--02 and
No. 6-48 -0169 -03.
6. That Lessee will abicle by and cornply with all rules, re-
gizlations, ordinances and laws pertaining to the use of the airport
located at CoY 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 adclition thereto will abide by
and comply with all ordinances of the City of Pa-ris and all laws of
the State of Texas governing citizens and property within the City
of Paris.
7. That Lessee will use such premises far aeroilautical
activities for which it holds a permit issued by the City of Paris
in accordance with Article II of Chapter 6 of the Cocle of Ordinarices
of the City of Paris.
8. Lessee is given author.ity to locate upon said premises a
prefabricated metal building provic~ed said building is sufficiently
under pinned, secured to the ground, said building to be used for the
specific purpose of an officc and/or classroom to be used in connec--
tion Nvith conducting an av.iation flight training school arzcl for that
purpose. only, and at no time shall said property be used as livinb
quarter. s.
9. Tliat Lessee will take good care of the leased premises
anct be r.esponsible and make good to Lessor a11 iiijuries and cla--
m,Iges to the sat-iie causect by Lessee or rhose under it ancl wzll
rewdcliver saiiie to I-essor at the elpiration or term.ination oF this
lease in as ~oo,l cotldition as wllen r~eceived, ttsual wear and tear
alot-ie excupted, arici Lcssee will, upoii the expi.ratioil of this lease,
pcaceably yield up to Lessor all and sin~ular the prenti ses.
1.0. T11e City of PLiris shall furnish water and sewer service
from the 1lirport System, at no chaxge to the L,essce, as a part of
the 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 tirnes for the purpose of inspectinb and examining the condition
thereaf.
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. Tllat Lessee agrees to indemnify, save, keep and hold
harinless Lessor frorn and against any and all demands, clebts, lia--
bilities, suits, claims and causes of action of every kind and
character whatsoever for damage or injtirries to persons and/or
property occurring on the leased premises resulting froin Lessee's,
its invitee5, agents, servants o:r employees' use, and I essor shall
not be liable to Lessee, its invitees, abents, servants, employees
or visitors due to the improvements located thereon, or hereafter
constructed, or any other condition of the premises being impro-
perly constructed, maintained or being oz becoming out of repair,
Lessee hereby waiving any defects thc:rein and lgrees ro hold anci
save Lessor harmless from all claiins for any such damages or
injur.ies, and Lcssee must at all timos clu,ring the term of this
agrec;iriciit, and anyr extensions thereof, kcep and mairltain in full
force aii:l erlc:c.t a policyr or policics of insurance, providing ar
lcast $ -[00, 000. OU per- person and $300, 000. 00 for any sinI;lc;
occmtr(~ncc for boclilyl :ilijllr-y cr cie:ath and $10, OtlOa 00 fo.r any sirlgle
occurrence. for injur_y to or dcstructioli of proporty, indernnifying all
persons for any and all danlabes, personal injuries or property da-
mages, sustained in or tipon the prennises of said leasecl properr.y,
or any part thereof, as the r.esult of the: no~ligencc of. Lessce, its
invitees, a(yents, scrvants or ernployces, atid shall pay all premiums
due thereon kvhen due. It is expr.essl5r provided that such insurance
policy or policies shall and must be written and issued by a repu-
table insurance compaziy or cotnparlies, subject to approval by the
City Attorney of the City of Paris, and Lessee or its insurance
carrier or carriers sliall deliver a copy of any such policies to the
City Clerk of the City of Paris, or furnish to said City Clerk a
current letter or certificate from such cotnpany or companies, evi -
dencin7 the fact that such insurance is in full force and effect at all
tii-nes during this lease ancl any extension thereof.
14. That Lessee will not use or permit the use of said
prem ises or any part thereof for any pur. pose which is determined
danberous or hazar. dous to the airport operation by the Airport
IVlanager.
15. Should Lessee default in, or fail or refuse to keep any
of the covenants, conclitions, stipulations and/or provisions herein
contained, notice thereof sllall be biven in writing to Lessee by
Lessor's Ai7-port Manager, giving Lessee thirty (30) days to correct
sucll discrepancy, and in the event such default, failure or refusal
is not correctecl Nvithin said thirty clay period a second notice in
wrating by certified mail, affordinb a hearing before ttie Airport
Advisory }3oard on a day certain, slia 11 be given to Lessee by
Lessor's Airport Mana~er. ~lfter affording Lessee such hearing
rhF:., Airpor-t Advisory 130~1-r.c] r-c"commena tc> ttle City Courlc.il.
that the lease continue or be term:inated, and thcreafter the City
Colincil sllall ta]<e sucl-i action as it deeins necessary.
16. That the City may a.t its optioxi termi nate ttiis lease as
to the entire traet, or anypart thereof, wllich rnay be necessary,
in the evcnt the City desi.res to use the property, or any portioii
thereof., for necessary municipal functions, sucil as extcnsion of
runways or erection of other a.irport facilit.ies. In the event of
either of the above contingencies thc C.ity shall give the Lessee
ninety (90) days notice in writin(T of its intention to so utilize the
tract, or any portion thereof, for the above specified purposes.
In the event this option is exercisecl by the City, the unearned por-
tion of the rental payment shall be refunded to Lessee.
17. That if at any time said buildilib or. grounds s3~a11 be-
comc dilapi.dated, uncared f.or ox become unsightly, thu Lessor niay,
aftcr thirty (30) ciays written notice to Lessee, terminate said lease
and rernove said buildin;4
18. The terms of this lease are birldin~ on and the benefits
herein inure to the successors and assigns of Lessee.
Executed on the dates s1lown in ackriowledcrcments below.
CITY OF PARIS, I'ARIS, TEXAS
}3y :
~ TTI~ST: Ker-ry R. Sweart, City Manager
Il. C. Green(;, City Clerk LLSSOR
TnMMY CORYORATION
}3}~ :
A TTI~`S-1-: W• Gourley, ~[~'resici~nt
1 1
AP►>l;(vI:-1,1) As ro roIC\4:
1 Ka II~5r11es, City tto.rney
51-ATE OF TEXAS 0
COUNTY OF LAIVEAIZ 0
BEFORE MI:, the undersigned authority, on this day personally
appeared KERRY R. SWLATT, City Manager of the City of Pa.ris,
Paris, Texas, known to n1e to be the person whose name is subscr.ibed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFTICF, this
day of Septembe.r, 1977.
Notary 1'ublic, Lamar County, Texas
STATL OF TEXAS 0
COt1NTY OF 0
BFTORE ME, th~- undersigned authority, on this day personally
appeared W. J. GOURLEY, President of Tammy Corporation, known to
me ro be the per. san whose name is subscribed to the fo.regoing instru-
ment, and acknowledged to me that hc executed the same for tl7e pur-
poses and consideration therein expressed, and in the capacity therein
statcd.
GIVEN UNDER NY I-IAND ANll SEAL OF OFFICE, this
day of September, 1_977.
Notary Public,
County, Texas
Si_tuatcd within the Corporate Litnits of ttic City of
1'aris, on the City of. Paris Municipal Airport, Cox Ti.eld,
in ttic CountyT of Lamar Litid SCate of Texas, and beiz,g
more particularly descz-ibed as follows:
BLG.[NNING at a stake for corner, said corner
bein-; 88 feet Nort11 ancj 52 feet We.st of ttic most Westerly
No:rthwcst Corner oE the Cox Field Terminal I3ui 1_ding,
said corner also being 7 feet West of ttic West Curb I_,ine
of the existino- pavecl parking lot;
TI-IENCE Nort11 parallel with and 7 feet West of said
cLi1-b line 50 feet to a srake for corner;
THENC,E West 20 feet to a stake for corner;
TITENCE Sotrth 50 feet to a stalce for cornc,r;
THFNCE East 20 feet ro the place of beginning
and containinb 1000 square feet.
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