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1880 RES CITY COUNCIL IS DESIROUS OF ENCOURAGING AERONAUTICAL ACTIVITIES AT MUNICIPAL AIRPORTRESOLUTION N0. 1880 . WHEREAS, the Ci~y 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 re-leasing 1, 000 square feet at Cox Field, to be used in conducting permitted aeronautical activities, 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, Robert W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease agreement with Tammy ~orporation, upon the terms and conditions and in the form of Exhibit A attached hereto. Passed and adopted this l~th day of August, 1~78. . ic ael . Malone, ayor A TTEST: ~ mes il ins, Acting ity Clerk r'~ APPROVED,~,,S TO FORM: - 4 ~ T. I<, aynes, City Attorney LEASE AGREEMENT STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LA MA R 0 LEASE AGREEMENT BETWEEN the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, ROBERT W. SOIiOLL, duly authorized, hereinafter referred to as Lessor, and TAMMY CORPORATION, of Red River County, Texas, acting by and through its President, W. J. GOURLEY, duly authorized, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the sum of ONE HUNDRED EIGHTY AND NO/100 ($180. 00) DOLLARS, payable to the CITY OF PARIS, a municipal corporation, as follows: $15. 00 on or befare September l, 1978, with a like payment on or before the lst day of " each month thereafter during the term hereof, said CITY OF PARIS does hereby lease, rent and let unto TAMMY CORPORATION that portion of Cox Field property described on Exhibit A and depicted on Exhibit B attached hereto and made a part hereof for all legal purposes. The term of this lease is for one (1) year, beginning on the lst day of September, 1978 and ending on the 31st day of August, 1979. IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessee: 1. That Lessee pay to Lessor, or order, at the City Ha.ll in the City of Paris, the agreed rental in advance, promptly and with- out neglect, clefault 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 EXHIBIT A United States of America to the City of Paris, recorded in Book 308, Page 287, Deed Recorcls of Lamar County, Texas, to which reference is made for all purposes. 3. That Lessee, its successors or assigns, agrees as a covenant running with the land that in the event facilities are con- structed, maintained, or otherwise operated on the said property de- scribed in this lease for a purpose for which a Department of Transportation program or activity is extended or for another pur-- pose 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 the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 4. That Lessee, its successors or assigns, agrees as a covenant running with the land (1) that no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimina- tion in the use of said faci lities, (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, calor or national origin shall be excluded from participation in, denied the benefits of, or otl:erwise be subjected to discrimination, (3) that the Lessee shall use the premises in compliance 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 Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 5. 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, 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 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 activities for which it holds a permit issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris, 8. Lessee is given authority to locate upon said premises a prefabricated metal building provided said building is sufficiently under pinned, secured to the ground, said building to be used for the specific purpose of an office and/or classroom to be used in connecp tion with conducting an aviation flight training school and for that purpose only, and at no time shall said property be used as living quartex's. 9. That Lessee will take good care of the leased premises and be responsible and make good to Lessor all injuries and da- mages to the same caused by Lessee or those under it and will re-deliver same to Lessor at the expiration or termznation of this lease in as good condition as wlien received, usual wear and tear alone excepted, and Lessee will, upon the expiration of this lease, peaceably yield up to L,essor all and singular the premises. 10. The City of Par.is shall furnish water and sewer service from the Airport System, at no charge to the Lessee, 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 times for the purpose of inspecting and exam.ining 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 for damage or injuries to persons and/or property occurring on the leased premises resulting from Lessee's,. its invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, its invitees, agents, servants, employees ar visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being impro- perly constructed, maintained or being or becoming out of repair, Lessee 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 inj ury or death and $10, 000. 00 for any single occurrence for inj ury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property da- mages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of Lessee, its 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 repu- table insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier or carriers shall 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 company or companies, evi- dencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof. 14. That Lessee will not use or permit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by the Airport Manager. 15. Should Lessee default in, or fail or refuse to keep any af the covenants, conditions, stipulations and/or provisions herein contained, 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, af.fording a hearing before the Airport Advisory Board on a day certain, sl-n 11 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. 16. That the City may at its option terminate this lease as to the entire 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 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 so utili ze the tract, or any portion thereof, for the above specified purposes. In the event this option is exercised by the City, the unearned por- tion of the rental payment shall be refunded to Lessee. 17. That if at any time said building or grounds shall be- come dilapidated, uncared for or become unsightly, the Lessor may, after thirty (30) days written notice to Lessee, terminate said lease and remove said building. 18. The terms of this lease are binding on and the benefits herein inure to the successors and assigns of Lessee. Executed on the dates shown in acknowledgements below. CITY OF PARIS, PARIS, TEXAS BY : ~ Robert W. Sokoll, City Manager ATTEST: James Wilkins, cting City Clerk LESSOR TAMMY CORPORATION BY: W. J. Gourley, President A TTEST: Judy Gourley, Secretary APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS 0 COUNTY OF LA MA R 0 LESSEE BEFORE ME, the undersigned authority, on this day per- sonally appeared ROBERT W. SOKOLL, City Manager of the City of Paris, Paris, Texas, 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 ex- pressed, and in the capacity therein stated. ° GIVEN UNDER MY HAND AND SEA1, OF OFFICE, this day of August, 1978. Notary Public, Lamar County, Texas. STATE OF TEXAS 0 COUNTY OF 0 BEFORE ME, the undersigned authority, on this day per- sonally appeared W. J. GOURLEY, President of Tammy 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 ca- pacity therein stated. GIVEN UNDFR MY HAND AND SEAL OF OTFICE, this day of August, 1978. Notary Public, County, Texas Situated within the Corporate Limits of the City of Paris, on the City of Paris Municipal Airport, Cax Field, in the County of Lamar and State of Texas, and being more particularly described as follows: BEGINNING at a stake for corner, said corner being 88 feet North and 52 feet West of the most Westerly Northwest Corner of the Cox Field Terminal Buil.ding, said corner also being 7 feet West of the West Curb Line of the existing paved parking lot; THENCE North parallel with and 7 feet West of said curb line 50 feet to a stake for corner; THENCE West 20 feet to a stake for corner; THENCE South 50 feet to a stake for corner; THENCE East 20 feet to the place of beginning and containing 1000 square feet. EXIIIBIT A . r 11 - My~l~J~ . ~ tiA ~ • ~ r L. 1 ~ 1 ~ • ) • ~ ~ . . ' . • . ~ . 1 Q ' ~ - ; . ~ C.~... ~ ; r w ~ ~ ~ ~ f . ' . ~ O ~ ~ t ~ CD ~ <E ~ (9 LLI' z ,j U.-I 4 cz L ~ < Di tf) crI ~ , ~ I ~ ~ ~ O , LJJ o cc ~ w .p L!" 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