1794 RES CITY COUNCIL IS DESIROUS OF ENCOURAGING AERONAUTICAL ACTIVITIES AT COX FIELDRESOLUTION NO. 1794 ,
WHEREAS, the City Council of the City of Paris is desirous of
encouraging aeronautical activities at its municipal airport, Cox Field;
and,
WHEREAS, James M. Wrenn, Jr. , a tenant at said Cox Field
for many years, is desirous of constructing an improved facility, in
order that he may provide better services in the form of aeronautical
activities and requests a lease upon the terms and conditions for the
property 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, Kerry R. Sweatt,
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 of Exhibit A attached hereto.
Passed and adopted this 14th day of March, 1977.
Ben M. Hinds, Mayor Pro Tem
A TTEST:
• U. r ne, ity lerk
APe~aynes, TO FORM:
T. City Attorney
United States of America to the City of Paris, recorded in Book 308,
Pabe 287, Deed Records of Lamar County, I'exas, 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 Transpoztation 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 the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Re;ulations may be amended.
4. That Lessee, his successors or assigns, agrees that
(1) no person on the grounds of race, color or national origin shall
be excluded from participation in, denied the benefits of, ox be other-
wise 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 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
discriinination, (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 Transpoxtation,
Subt.itle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of Transportation-
Effectuation of Z'itle VI of the Civil Rights Act of 1964, and as
said Re~ulations may be amended.
S. That Lessee shall comply with all cond.itions and require-
ments established in Department of Tr. ansportation, Federal Avi.ation
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
activities for which he 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, That if in the course of using such premises for the per-
mitted purposes, Lessee desires to build at his own expense a hangar -
and storage building in pursuit of such uses it will be so permitted
upon application for building permit, includ.ing a site plan, if the loca--
ti.on is approved by the Airport Advisory Board and such structure
does not violate any of the rules or regulations of the City of Paris
or the Federal Aviation Administration, and upon final termination at
any time prior to the expiration of thirty--five (35) years from the
date hereof, the City of Paris shall have the right to purchase said
hanbar and storage building at a cost equal to 1/35th of the original
cost multiplied by the number of c omplete years remaining in the
total term of thirty-five (35) years. In the event that final termina-
tion of said lease occLCrs at the expiration of ehirty-five years, said
building shall be and become the property of the City of Paris. In the
event Lessee builds fences across or near the existing East--West
roadway, or an extension thereof, that would hamper the use of the
same for the taxiing of aircraft then Lessee would at Lessor's re-
quest allow said fences to be removed at no.cost to Lessee, and such
use of such roadway would not entitle Lessee to any reduction in rent,
the extension of such roadway being at the sole discretion of L,essox.
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 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 erec-
tions, additions or repairs to or upon same, in good repair, includin;
but not limited to hangar buildings, storage buzldings, permanent in-
stallation of equipment and fixtures and fences.
10. That all additions or improvements made upon the said
premises by Lessee, or at his instance or request, shall at once be-
come the property of Lessor and shall be surrendered to Lessor at
the termination or expiration of this lease; except that in those in-
stances wherein it is specifically provided for ownership to remain
in Lessee.
11, That in the event this lease is terminated during its pri-
mary term through no fault of Lessee, then and only then, Lessor wi.ll
reimburse Lessee for his pro rated cost of any improvements such
as fences, giving the improvement a life equal to the remainder of
the primary term existing at the time of completion of construction
of said improvement.
12. That it shall be lawful for Lessor's Airport Manager to
enter upon and into the leased premises and every part thereof at
ail times for the purpose of inspect:ing and examining the conditi.on
thereof.
13, 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,
14, 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 charac-
ter whatsoever for damage or injuries to persons and/or property
occurring on the leased premises resulting from Lessee`s, his in-
vitees, 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 con-
structed, or any other condition of the premises being improperly
constructed, maintained or being or becoming out of repair, L.essee
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 szngle occurrence for bodily inj ury
or death and $10, 000. 00 for any single occurrence for injury to or
destruction of property, indemnifying all persons for any and all da-
mages, 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 com--
panies, 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 I3aris, or furnish
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 aIl times during this lease and any extension thereof.
15. Lessee will not rent the premises or any part thereof for
aircraft starage 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.
16. Ihat 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 Airport Manager.
17. Should L,essee 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 dis -
crepancy, 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, affoxding 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 hearino the Airport Advisory
Boar.d shall recommend to the City Council that the lease continue or
be terminated, and ther. eafter the City Council shall talce such action
as it deems necessary.
18. 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 there--
of, 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 utilize the tract, or any portion
thereof, for the above specified purposes. In the event this option
is exercised by the City, the unearned portion of the rental payment
shall be refunded to Lessee.
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 ten (10) years from and after the expiration of
this agreement, for and in consideration of the sum of $5, 000. 00
payable in equal annual installments of $500. 00 each, the first of
which will be due and payable on or before A p r i 1 l, 1992, with a
like payment being due and payable on or before the lst day of
A p r i 1 of each year thereafter during the term of this first ten year
option period, and in the event Lessee shall keep each and every agree--
ment contained herein and do and perform all the obligations required
of Lessee hereunder durilig the term of this lease and exercises his
option for an additional ten year period and keeps each and every
agreement containeci herein and do and perform all of the obligations
required of Lessee hereunder during said first ten year option period,
tlien and only in that event an option is hereby given and granted to
Lessee to renew and extend this lease for an addi.ti.onal period of
ten (10) years from and af.ter the expiration of said first ten year
option period, for and in consideration of the sum of $7, 500. 00, pay-
able in equal annual installments of $750. 00 each, the first of which
will be due and payable on or befor. e A p r i 1 1, 2002, with a like
payment being due and payable orl or before the lst day of A p r i 1
of each year thereafter during the term of this second ten year option
period; each of the above obligations 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 A p r i l, 1991 for the first option and an or
before the lst day of A p r i 1, 2001 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
By:
Kerry R. Sweatt, City Manager
A TTEST:
. C. Greene, City C erk
LESSOR
James M. Wrenn, Jr.
LESSEE
STATE OF TEXAS 0
COUNTY OF LAMAR 0
BEFORE ME, the undersigned authority, on this day personally
appeared KERRY K. SWEATT, City Manager of the City of Paris, known
to me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the sacne for the
purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of , 1977-
Notary Public, Lamar County, Texas
STATE OF TEXAS 0
COUNTY OF L.AMAR 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 ttie 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 , 1977.
Notary Public, Lamar County, Texas