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06-F Eatherly OptionDRAFT F:kAttorneykALICEkRESWORK\CURRENTkAirport Past Lease Option -Eatherly Res.wpd November 8, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING THE EXERCISE OF OPTION TO RENEW THE PASTURE LEASE AGREEMENT WITH CAREY EATHERLY FOR THE PROPERTY LOCATED AT COX FIELD AIRPORT FOR AN ADDITIONAL FIVE (5) YEARS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 1 lth day of May, 1992, in Resolution No. 92-038, authorize the execution of a Pasture Lease Agreement with Carey Eatherly for the property located at Cox Field Airport; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of August, 1995, in Resolution No. 95-086, authorize the execution of Addendum Number One to said Lease Agreement; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of April, 1997, in Resolution No. 97-041, grant the exercise of option to Carey Eatherly for five (5) years, extending the term of said Lease Agreement from May 15, 1997, to May 14, 2002; and, WHEREAS, the City Council of the City of Paris is in receipt of an Exercise of Option from Carey Eatherly, the form of which is attached hereto as Exhibit A, for a five (5) year extension of said Lease Agreement dated May 11, 1992; and, WHEREAS, the City Council deems it appropriate to grant the exercise of option to Carey Eatherly for five (5) years, which will extend the term of said Lease Agreement from May 15, 2002, to May 14, 2007, and the City Manager, Michael E. Malone, should be authorized to acknowledge acceptance of said Exercise of Option by signing the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Exercise of Option by Carey Eatherly, the form of which is attached hereto as Exhibit A, be, and the same is hereby, granted for a period of five (5) years, beginning May 15, 2002, and ending May 14, 2007. Section 3. That the City Manager be, and he is hereby, authorized and directed to acknowledge acceptance, on behalf of the City of Paris, of said Exercise of Option by signing the same. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 1 lth day of November, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney EXERCISE OF OPTION STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: That Carey Eatherly did heretofore, on the 1 lth day of May, 1992, execute a Pasture Lease Agreement for that portion of Cox Field property described on Exhibit A to said lease, attached thereto and made a part thereof, with the CITY OF PARIS, PARIS, TEXAS, a municipal corporation. Carey Eatherly does hereby exercise his option for the five (5) year period beginning May 15, 2002, and ending May 14, 2007, at the annual rental rate of $2,653.00. SIGNED this 1 lth day of November, 2002. Carey Eatherly Acceptance of the above Exercise of Option is acknowledged this 1 lth day of November, 2002. CITY OF PARIS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney EXHIBIT A