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1997-103-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 11TH DAY OF JULY 1994 . . RESOLUTION NO. 97-103 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 1, 1994, and ending July 31, 2029; and, WHEREAS, William T. Boothe has expressed his desire to assign said lease to Ken Barber, and Ken Barber has expressed his desire to accept such assignment; and, WHEREAS, the form of the Assignment of Lease from William T. Boothe to Ken Barber, 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, that the form of the Assignment of Lease from William T. Boothe to Ken Barber. attached hereto as Exhibit A, for property at Cox Field Airport, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to acknowledge approval, on behalf of the City of Paris, of the Assignment of Lease from William T. Boothe to Ken Barber by signing the same in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED <hi, 8fu"', of &P'~..x..--- Eric S. Clifford, Mayor ~ ATTEST: Mattie Cunningham, City Clerk . . I ASSIGNMENT OF LEASE STATE OF TEXAS ~ ~ ~ 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/loo DOLLARS ($10.00) and other good and valuable consideration to me in 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 BARBER that portion of Cox Field Airport shown on Exhibit A to the Lease Agreement dated July 11, 1994, by and between the City of Paris, Paris, Texas, and William T. Boothe, a copy of which is attached 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 the remainder of the term of said lease attached hereto as Exhibit A. EXECUTED this _ day of September, 1997. William T. Boothe ACCEPTANCE OF ASSIGNMENT I, KEN BARBER, Assignee in the above assignment, do hereby covenant and agree to assume and accept the obligations and responsibilities of Assignor above under the above- referenced lease agreement attached hereto as Exhibit A. Ken Barber STATE OF TEXAS ~ ~ 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. . . I STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared KEN BARBER, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of September, 1997. Notary Public, State of Texas The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas, on this the 8th day of September, 1997. Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney '. . I LEASE AGREEMENT COUNTY OF LAMAR } } } 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, Rt. 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 NO/100 DOLLARS ($12,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $100.00 on or before August I, 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 leasc, rent and let unto WILLIAM T. BOOn'IE, that portion of Cox Field property described in Exhibit.. A", allachcd hereto and made a part hercof 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. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of tcn (10) years, the rental for the rcncwal to be based on the fair market value at the timc of rcnewal, being August 1, 2029. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or ordcr, at the City Hall in thc City of Paris, the agreed rental in advancc, promptly and without neglect, default and delay. 2. That this leasc is subject to all the terms. provisions and conditions of the dccd 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 referencc is made for . . I another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and serviccs in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secrctary, 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 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, ovcr or under such land and the furnishing of services thercon, no person, on the grounds of racc, 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 requircments 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 thercto will abide by and comply with all ordinances of the City of Paris and all laws of thc State of Texas governing citizens and property within the City of Paris. . . I 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 11 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 Iloor 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 Aviation 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 3 1,2019. 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 first 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, T ]:;~c;;:(")o H/;II In']1r", 'l\/'lil'lhIA ':'In\! t"\thr.u. t'1I1tr:lhl", h<:lnna.r ("T'VH'"'''' 'It tho tt:"r.......;n...t;,...n t"\f ........ Co....;...;......... . . 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. 11. 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 insurancc, providing at least $250,000.00 pcr 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 damagcs sustained in or upon the premises of said leased . . I 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 Paris, 150 1 st Street S.E., Paris, Texas 75460, 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 all times during this lease and any extension thereof and specifically noting thereon that LESSOR is an additional insured. All such 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 pcrmit 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. 15. Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions hcrcin contained, notice hercof shall bc 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, . . 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: CHAEL E. MALONE City Manager ATTEST: Mattie Cunningham, City C APPROVE~S TO FORM: ~:?d// T. K. Haynes Ity Attorney LESSEE: #f1~ ~~ WILLIAM T. BOOTHE STATE OF TEXAS } } 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 J&h. day of ~,1994. . . STATE OF TEXAS } } 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 HAND AND SEAL OF OFFICE, this the /8+'" day of J'Lo... \ 1 ' 1994. ~,~~ Notary Publi , State ot 'fexas '. . . NBS'O"c ~ I .0' ~ \1\ '" lij~~~rl N ~ -.D - ): )ll '" In '" In , . , 110.01 V1 5 66'07 'W' 5c..31e.. : I"" 100' FIELD NOTES , Being all that certain 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 Parts, 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 Field Airport; Thence North 53 Degrees, 54 Minutes. 20 Seconds East a distance of 1164.48 feet to a point at the Southwest corner 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 Surveyor No. 4057, State of Texas, certify that the above Plat and Field Notes dep' and represent an actual. SUrvey made on thl< ground under my supervision and tinlshed . 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. 51 L... .:;j7. I GIVEN UNDER MY J;\MIO.~D SEAL OF Or-FleE. this day of L 7 A.D. 1994. (t""'",~L H, ~..... ~IA,~ ~ ~ . ...." O""AY /Iv. '.. 'L ; y: fJ ~~ ,€ ~ *<f: ~\ NOTARY PUBLIC. STATE OF TEXA : . ~ c : ., ,!;> : ~ ~Of~'\T t . ~ : '. ~"I"('" "." ~4' ~ " ..... '06.91 ..... '.h....."'. I I' i EXHIBIT A