2000-063-RES APPROVING THE ASSIGNMENT OF LEASE
RESOLUTION NO. 2000-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING THE ASSIGNMENT OF LEASE FROM KEN
BARBER TO EDWIN LANCASTER FOR PROPERTY AT COX FIELD
AIRPORT; 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 11th day of July,
1994, in Resolution No. 94-084, authorize the execution of a Lease Agreement with William T.
Boothe for property at Cox Field Airport for a term of thirty-five (35) years, beginning August I,
1994, and ending July 31, 2029; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
September, 1997, in Resolution No. 97-103, approve the assignment of said Lease from William T.
Boothe to Ken Barber; and,
WHEREAS, Ken Barber has expressed his desire to assign said Lease to Edwin Lancaster,
and Edwin Lancaster has expressed his desire to accept such assignment; and,
WHEREAS, the form of the Assignment of Lease from Ken Barber to Edwin Lancaster,
attached hereto as Exhibit A, should, in all things be approved, and the City Manager of the City of
Paris, Michael E. Malone, should be authorized to acknowledge approval of said assignment 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 form of the Assignment of Lease from Ken Barber to Edwin Lancaster,
attached hereto as Exhibit A, for property at Cox Field Airport, be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
acknowledge approval, on behalf of the City of Paris, of the Assignment of Lease from Ken Barber
to Edwin Lancaster by signing the same in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 9th day of May, 2000.
~~~~r-
Mayor
ATTEST:
Mattie Cunningham, City Clerk
ASSIGNMENT OF LEASE
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
KEN BARBER, for and in consideration of the sum ofTEN AND NO/I 00 dollars ($10.00)
and other good and valuable consideration to it in hand paid by EDWIN LANCASTER of Lamar
County, Texas, the receipt and sufficiency of which is hereby acknowledged, does hereby assign,
transfer and convey unto EDWIN LANCASTER that portion of Cox Field Airport shown on
Exhibit "A" to the Lease Agreement dated July 18, 1994 by and" between the City of Paris, Paris,
Texas and William T. Boothe, subject to Assignment of Lease dated September 27, 1997 to Ken
Barber, a copy of which is attached hereto as Exhibit "A", together with all of its rights, obligations,
and responsibilities thereunder.
To have and to hold the described property for and during the remainder of the term of said
lease attached hereto as Exhibit" A".
EXECUTED this ~ day of April, 2000.
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KEN BARBER
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on this &.1L day of April, 2000 by KEN
BARBER.
\P.~" SUSAN L. COSTON
. ~ . Notary Public
'!I.P:!{. ~ State of Texas
.~ o. ",,' Comm. Expires 03-25-2003
EXHIBIT A i
ACCEPTANCE OF ASSIGNMENT
I, EDWIN LANCASTER, Assignee in the above assignment, do hereby cOvenant and agree
to assume and accept the obligations and responsibilities of the above named Assignor under the
above-referenced lease agreement attached hereto as Exhibit A.
~1/-~
EDWIN LANCAST
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on this .lM:L day of April, 2000 by EDWIN
LANCASTER.
itMY7 Ij/~
NO YPUB'UC, TATEOFTEXAS
The aforesaid assignment is APPROVED and ACCEPTED by the City of Paris, Paris, Texas, on
thisCltb.- day of ma~ ,2000.
ATTEST:
Mattie Cunningham, City Clerk
0150
ASSIGNMENT OF LEASE
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
I, WILLIAM T. BOOTHE. of Paris. Lamar County, Texas, for and in consideration of
the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
to me ill hand paid by KEN BARBER of Lamar County, Texas, the receipt and sufficiency of
which is hereby acknowledged, do hereby assign, transfer, and convey unto KEN BARnER fhat
pnnioll of Cox Pickl Airport shown on Exhibit A to the Lease Agreement dated July II, 1994,
hy and between the City of Paris, Paris, Texas, and William T. Boothe, a copy of which is
atfach~d hereto as Exhibit A, together will all of my rights, obligations, and responsibilities
thereunder.
To have and to hold the described property for and during Ihe remainder Dr the term of said
lease auached herelO as Exhibit A.
EXECUTED this!::.l day of September, 1997.
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William T. Boothe
ACCEPTANCE OF ASSIGNMENT
r, KEN BARBER, Assignee in the above assignment, do hereby covenant and agree to
assume ami accept the obligations and responsibilities of Assignor above under the above-
referenced lease agreement attached hereto as Exhibit A.
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Ken Barber
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
nEFORE ME. the undersigned authority. on this day personall~ appeared WILLIAM T.
BOOTHE, known flJ IlW 10 h~ [he perS('f; ......!:<(ISc: 1l3lnt: is subscribed 10 Ih~ foreguing inSUlllllcnl.
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 :2crthday of Septemher,
1997.
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Notary Public, Slate of Texas
EXHIBIT nAg
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STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared KEN DARBER,
known to me to he the person whose name is subscribed to the foregoing instrument, and
acknowledged to me thai he executed the same for the purposes and consideration therein
expressed.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of SOpt.mhor,
1997.
LISA WRIGHT
NOTARY PUBLIC
STATE OF TEXAS
MyComm.Ellp,09.20.2001
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The aloresaid assignment is approved and accepted by the City of Paris, Paris, Texas, on this
the 8th day ofSeptcmber, 1997.
ATTEST:
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Malllt: Cunninr.h<lm, Cuy elcl k
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LEASE AGREEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation,
acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter
referred to as LESSOR, and WILLIAM T. BOOTHE, Rl. 2, Box 263, Powderly, Lamar
County, Texas, 75473, hereinafter referred to as LESSEE,
WITNESSETH
For and in consideration of the payment of the sum of TWELVE THOUSAND AND
NOIlOO DOLLARS ($12,000.00), payable to the CITY OF PARIS, a municipal corporation,
as follows: $100.00 on or before August 1,2019, with a like payment on or before the 1st day
of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does
hereby lease, rent and let unto WILLIAM T. BOOTHE, that portion of Cox Field property
described in Exhibit tI A t1, attached hereto and made a part hereof for all legal purposes.
The term of this lease is for thirty-five (35) years, beginning on the 1st day of August,
1994, and ending on the 31st day of July, 2029.
Il is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an add i tional period of ten (10) years, the rental for the renewal to be
based on the fair market value at the time of renewal, being August 1, 2029.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default and 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.
3. That LESSEE, his successors or assigns, agree that, in the event facilities 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
EXHIBIT A
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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, Nondiscri mination 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 bc amcnded.
4. That LESSEE, his successors or assigns agree that (i) 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 discrimination in the use of said facilities~ (ii) 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
participation in, denied the benefits of, or otherwise be subjected to discrimination~ (iii) 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 requirements 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, regulations, 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 regulations
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 that portion of such premises in his possession for private
hangar space, for aeronautical activities for which he holds 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.
Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be
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permitted to sublease any or all portions of the premises described in Attached Exhibit" A" for
private hangar space and for aeronautical activities for which sublessee 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 permitted purposes, LESSEE
desires to build, at his own expense, a hangar building or buildings and apron in pursuit of such
uses, LESSEE will be so permitted upon application and approval for building permit or permits
from the City of Paris, of all steel construction, similar in appearance and construction to the
existing enclosed hangars in accordance with the noor plan of 40' x 50', and such structure or
structures will not violate any of the rules or regulations of the City of Paris, or the Federal
A viation Administration. It being agreed and understood that LESSEE shall be responsible for
electric utilities furnished to the hangar building or buildings during the term of this lease. In
the event of a termination of this lease by the City of Paris, as permitted herein during the first
twenty-five (25) years of said lease, the City of Paris will be obligated to pay to LESSEE 1/25th
of the original cost of said hangar or hangars and apron multiplied by the number of years
remaining in the first twenty-five (25) years of the lease which ends July 31,2019. In the event
that final termination of said lease occurs during the final ten (10) years of said lease, the City
of Paris will not be obligated to pay to LESSEE any compensation for the remainder of the lease
term. In the alternative, in lieu of payment for termination during the first twenty-five (25)
years of the term of this lease, the City of Paris may agree to give LESSEE hangar space of
equal quality, size and usefulness at no expense to LESSEE for the remainder of the tirst twenty-
five (25) years of the term of this lease and in such event LESSEE is granted the right to lease
such substitute space for ten (10) years for TWELVE THOUSAND AND NOIlOO DOLLARS
($12,000.00) payable as aforesaid and an additional option term of ten (10) years at a rental rate
to be based on fair market value as aforesaid. In the event that LESSOR terminates the lease,
LESSOR will make available any other suitable hanger space at the termination of any existing
lease to LESSEE at fair market value rent.
9. That LESSEE will take good care of the leased premises and be responsible and
make good to LESSOR all injuries and damages to the same caused by LESSEE or those under
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him and will deliver same to LESSOR at the expiration or termination of this lease in as good
condition as when completed, 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 erections, additions or repairs to or upon same, in good repair, including but not limited
to hangar buildings, storage buildings, permanent installation of equipment and fixture and
fences.
10. 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 examining
the condition thereof.
II. That LESSEE has the right to assign this lease or sublet any part of the
leased premises, with such assignee having all rights, privileges and obligations contained in this
lease.
12. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from
and against any and all demands, debts, liabilities, 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, his invitees', 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 constructed, or any other
condition of the premises being improperly constructed, maintained or being or becoming out
of repair; LESSEE hereby waives 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 $250,000.00 per person and
$500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single
occurrence for injury to or destruction of property, 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 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 companies, with LESSOR as an additional insured, subject to
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approval by the City Attorney of the City of Paris, and LESSEE or his insurance carrier or
carriers shall deliver a copy of any stich policies to the City Clerk of the City of Paris, 150 1st
Street S.E., Paris. Texas 75460. or furnish to said City Clerk a current letter or certilicate from
such company or companies. evidencing the fact that such insurance is in full force and effect
at all times during this lease and any extension thereof and specifically noting thereon that
LESSOR is an additional insured. All stich policies shall be written so that the LESSOR will
be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days
prior to the effective date of such cancellation or amendment. Notice shall be by certified mail,
return receipt requested, addressed to the LESSOR at the following address: City Clerk, City
of Paris, P. O. Box 9037, Paris, Texas 75461-9037.
13. LESSEE will not rent the premises or any part thereof for aircraft storage 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.
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 Airport
Manager.
IS. Should LESSEE default in or fail or refuse to keep any of the covenants,
conditions. stipulations and/or provisions herein contained, notice hereof 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 (30) day period. a second notice, in writing by certified mail, affording 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 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 LESSOR, may at its option. terminate this lease as to the entire tract,
or any part thereof, which may be necessary, in the event the LESSOR 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 LESSOR shall give the. LESSEE ninety (90) days notice, in writing, of its intention to so
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utilize the tract, or any portion thereof, for the above specified purposes. In the event of either
of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this
lease to satisfy its obligation of compensation to LESSEE.
17. 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, LESSOR:
BY:
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" CHAEL E. MALONE '\
City Manager
ATTEST:
Mattie Cunningham, City CI
APPROVEI;JS TO FORM:
J~ ~"<2~
, T. K. I-Jaynes,; 'ity Attorney
LESSEE:
411~ ~~
WILLIAM T. BOOTHE
STATE OF TEXAS }
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COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL
E. MALONE, City Manager of the City of Paris, 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 expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the -U!b. day of
~,... , 1994.
-lU1CG jtlhA.l~
Notary PublIc, State of Texas
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STA TE OF TEXAS }
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COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM
T. BOOTHE, 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 expressed, and in the capacity therein stated.
GIVEN UNDER MY I-lAND AND SEAL OF OFFICE, this the /8+J-.. day of
:r ~ \'{ , 1994.
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FIELD NOTES
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Being all that ccrtain tract of land sItuated about 6.25 miles Southeast of the City of
Paris, Lamar County, Texas, a part of the H.B. Davis Survey, Abstract No. 255 and a part of the
same land described in deed from the United States of America to the City of Paris, recorded In
Volume 308, Page 287, Lamar County Deed Records and being further described as follows:
. Commencing at an Iron pin for comer at the intersection of the South line of F.M.
HIghway 1508 with the East line of F.M. Highway 1508 situated Just South of the main entrance
to Cox FJeld Airport;
Thence North S3 Degrees, 54 Minutes, 20 Seconds East n distance of 1164.48 feet to a
point at the Southwest cornel' of this tract;
Thence North 1 Degree, 53 Minutes West a distance of 162.5 feet;
Thence North 88 Degrees, 07 Minutes East a distance of 110,0 feet;.
Thence South 1 Degree, 53 Minutes East a distance of 162.5 feet; ,
Thence South 88 Degrees, 07 Minutes West a distance of 110.0 feet to the place of
beginning and containIng 0.41 acre of land.
I, R. Brandon Chaney, Registered Professional Land SUNeyor No. 4057, State of Texas,
certify that the above Plat and Field Notes dep' and represent an actual. SUrvey made on tht'J
ground under my supervision and finished . 1994
STATE OF TEXAS
COUNTY OF LAMAR
, BEFORE ME. the undersigned authority, a Notary Public in and for said County and.
State on this day personally appeared R. Brandon Chaney, known to me to be the person whose
name is subscribed to the foregoing Instrument and acknowedge to me that he executed same
for the purpose and consIderation therein expressed. 5-(' .0t: I
GIVEN UNDER MY JiW'aIO,NjD SEAL OF Or-FleE, this "- day of L 7
A.D. 1994. ...~~'I>-f.L H. ';;;"" #k . 4 fJ4
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t <6 ~ NOTARY PUBLIC. STATE OF TEXA
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EXHIBIT A