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2019-038 - Authorizing Assignment of Airport Ground Lease Agreement from Colin Marino to TEXBAMA2, LLC - Hangar MRESOLUTION NO. 2019-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF ASSIGNMENT OF AN AIRPORT GROUND LEASE AGREEMENT BETWEEN COLIN MARINO AND THE CITY OF PARIS FOR PROPERTY AT COX FIELD AIRPORT TO TEXBAMA 2, LLC, A TEXAS LIMITED LIABILITY COMPANY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris did heretofore, on the 2nd day of April, 2019, authorize the execution of an Airport Ground Lease Agreement with Colin Marino for property at Cox Field Airport for a term of Forty (40) years, beginning April 2, 2019, and ending April 1, 2059; and, WHEREAS, Colin Marino has expressed his desire to assign and transfer all of his right, title and interest in said lease to TEXBAMA 2, LLC, a Texas Limited Liability Company ("TEXBAMA 2"), and TEXBAMA 2 has expressed its desire to accept such assignment; and, WHEREAS, the form of the Assignment of Lease from Colin Marino to TEXBAMA 2, LLC, a Texas Limited Liability Company, attached hereto as Exhibit "A", should, in all things be approved, and the Interim City Manager 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 Colin Marino to TEXBAMA 2, LLC, a Texas Limited Liability Company, attached hereto as Exhibit "A", for property at Cox Field Airport, be, and the same is hereby, approved. Section 3. That the Interim 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 Colin Marino to TEXBAMA 2, LLC, a Texas Limited Liability Company, 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 28th day of October, 2019. APPROVED AS TO FORM: tepl anie H. Harris, City Attorney : Steven 1�.�'fifford, M.. ayor ATTEST: e`w® :vs is .......... iu... _...''''�r��+"��titti�eti�����t nice Ellis, City Clerk APPROVED AS TO FORM: tepl anie H. Harris, City Attorney : Steven 1�.�'fifford, M.. ayor Lease Assignment Date: Assignor: Colin Marino Assignee: TEXBAMA 2, LLC, a Texas Limited Liability Company Lease Date: April 2, 2019 Landlord: The City of Paris, Texas Tenant: Colin Marino Premises: See Exhibit "A" Assignor assigns to Assignee Tenant's interest in the Lease. Assignee agrees to assume Tenant's obligations under the Lease and to accept the premises in their present "AS IS" condition. Landlord consents to this assignment. Assignor: COLIN MARINO Assignee: TEXBAMA, 2, LLC, a Texas Limited Liability Company Jordan Harper, Managing Member 1� Landlord: The City of Paris, Texas By: .... ....... Name: Title: ACKNOWLEDGMENT STATE OF TEXAS ' COUNTY OF LAMAR This instrument was acknowledged before me on the day of , 2019, by Colin Marino. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS ' COUNTY OF LAMAR This instrument was acknowledged before me on the day of--...., 2019, by Jordan Harper, as Managing Member of TEXBAMA 2, LLC. Notary Public, State of Texas ACKNOWLEDGMENT STATE OF TEXAS ' COUNTY OF LAMAR This instrument was acknowledged before me on the day of ITITIT�ITIT...__, 2019, by .. (name), .._ a (title), City of Paris, Texas. Notary Public, State of Texas 4-�Lyz' CIRF (NELSON] (CM) AT WESTERNMOST NORnIW EST CORNER ` OF CITY OF PARIS TRACT AND AT SOUTHWEST 11^` CORNER OF CALLED 12.662 ACRE TDY INVESTMENTS LLC TRACT RECORDED 1N CCN 123625-2015 \ \ CONCRETE ROW MON FD (CM)-S_--Ek � \,t, WILLIAM SCOTT SURVEY IN WESTBOUNDARY LINE \ �' OF CITY OF PARIS TRACT A-856 AND 40' LEFT"OF TxDOT STATION NUMBER 66+40.5 \� OF FARM TO MARKET ROAD NUMBER 1508 \ AS PER TxDOT RIGHT OF WAY MAP V' d" 11� \ POB- N 8794'44" E 60.28' - cn 0 0 N SCALE: ["-401 N ni v, p M/A VA I ��i< o Lo 20' 10, 0 W 20 am o° METAL HANGAR t� BAR SCALE tri e CITY OF PARIS o b DR VOL 305, PG 287 0 U NOTES a 1. THE REFERENCE BEARING FOR THE TRACT OF LAND N SHOWN HEREON IS NAD 1983 TEXAS STATE PLANE Q COORDINATE SYSTEM ZONE 4202. Q pa 2, A ONE PAGE METES AND BOUNDS DESCRIPTION S 87°32 14m-„W 60.26 X ACCOMPANIES THIS PLAT. W H 3. THIS ORIGINAL PLAT 1S ON AN 8,5"X 11" SIZED SHEET. A a4. THE TRACT OF LAND SHOWN HEREON DOES NOT HAVE DIRECT ACCESS TO PUBLIC RIGHT OF WAY. 5> s a rn - I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF TEXAS, RPLS LEGEND 15892, DO HEREBY CERTIFY THAT THE PLAT x 4 CIRF CAPPED IRON ROD FOUND SHOWN HEREIN REPRESENTS AN ACTUAL U EI MON CONCRETE MONUMENT FOUND ON-TFIE-GROUND SURVEY CONDUCTED BY ME, N CCI# COUNTY CLERK'S DOCUMENT NUMBER DR x METAL HANGAR BUILDING CORNER N L � SEPTEMBER 27, 2019. (CM) CONTROLLING MONUMENT DR DEED RECORDS KEVIN }IlRL ,S e POB POINT OF BEGINNING wr TIE TO PARENT TRACT BOUNDARY OF M TE�BAMA 2 LLC ��� 6,041.6 SQFT�� HAYTEK CITY OF PARTS �,, KEVi'K ' ilH THEY ENGINEERING a . � 9 � �. �.. INcoxeoRAreo LAMAR COUNTY, TEXAS ., , V] 4435 S.E. LOOP 385 PARIS. TERAS �p x.nr.R�f4vEng1am3r1aRlaee"m OCTOBER 2019 =i � TBPE FiRh1ND.F00p115 •Y``��...^w.,•' • •TBPLS FIRM1I NO, IM1.86Qp >,., r�rw�carr��maamuwnrm-m�emr�..nnn EXHIBIT A HEI # 961031 Metes and Bounds Description 6,041.6 sqft Lamar County, Texas October 2019 Being 6,041.6 sqft of land entirely covered by a metal hangar building situated within the corporate limits of the City of Paris, being a part of the William Scott Survey, Abstract Number 856, and also being part of a tract of land conveyed from the United States of America to The City of Paris on February 25`1' 1949 by Deed Without Warranty recorded in Volume 308, Page 287 of the Deed Records of Lamar County Texas. The said 6,041.6 sqft tract fully described by metes and bounds as follows: Beginning at the exterior Northwest comer of the aforementioned metal hangar building, said corner being located South 29°10'24" East a distance of 3,878.28 feet from a'/2 inch diameter capped (Nelson) iron rod found at the current Westernmost Northwest comer of the aforementioned City of Paris Tract, said rod also being the Southwest corner of a called 12.662 acre tract of land conveyed from The City of Paris to TDX Investments LLC on April 17, 2015 by Special Warranty Deed recorded in Lamar County Clerk's Document Number 123625-2015, and also from said point of beginning a concrete right of way monument found 40' Left of TxDOT Station Dumber 66+40.5 of Farnn To Market Road Number 1508 in the current West boundary lune of said City of Paris tract bears North 39"12'12" West, a distance of 2,953,05 feet; Thence North 87°34'44" East, along the Northern building line of the aforementioned hangar, a distance of 60:28 feet to the Northeast building comer of said hangar; Thence South 02°24'32" East, along the Eastern building line of the aforementioned hangar, a distance of 100.22 feet to the Southeast building corner of said hangar; Thence South 87°32' 14" West, along the Southern building line of the aforementioned hangar, a distance of 60.26 feet to the Southwest building corner of said hangar; Thence North 02°25'08" West, along the Western building line of the aforementioned hangar, a distance of 100.26 feet to the point of beginning and containing 6,041.6 sqft of land. NOTES 1. The Reference Bearing for the tract of land described hereon is NAD 1983 Texas State Plane Coordinate System Zone 4202. 2. A one page 8.5''x11" sized plat that shows the tract of land described herein accompanies this metes and bounds description and is to be considered as part of this document and contains additional information regarding this property. 3. Distances shown are ground distances and are measured to the exterior building corner of the existing metal hangar. 4. The tract of land described herein does not have direct access to public right of way. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892; STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND AND WAS COMPLETED ON SEPTEMBER 27, 2019. to f KEVIN K DATEWHITLE , RPLS _ �..._._ .. .... Page 2 of 3 EXHIBIT A AIRPORT GROUND LEASE AGREEMENT 'rH.IE s,rATE OF TEX-AS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS This Lease Agreement (AGREEMENT) is made by and between the City of Paris, Texas, a home rule municipal cor.1poration (LESSOR) and,,,,,"" (LESSEE). For and in consideration of The construction of a new airplane hangar(s) and related improvements, as further described herein, and for the payment of monthly ground lease rental to LESSOR, LESSOR does hereby lease, rent, and let unto LSM, that portion of Cox Field real property as described in Exhibit A, attached hereto and made a part hereof, LESSEE hereby leases said real p.ropert.y from LESSOR subject to the tenns, covenants, and conditions state below, and shall have the right and privilege to construct and maintain certain improvements of said property.. LESSEE accepts prope4y "'as is." Except to the extent provided herein and subject to the provisions hereof, LESSEE shall have and hold the [eased premises, together with all ri.glits, privileges, ems eats, appurtenances, and immunities belonging to or in any way �ppertainrng to said ]eased premises, including, but not limited to., any and all casements, rigi-its, title and privileges ofLESSOR now orhereafter existing in, to, or under said leased premises, and additionally LESSEE shall be permitted to use in common with others all streets and other rights off n ress and egress and all runways, taxiways, and designated aprons which are or may hereafter be provided at the Airport. LE. ASE,rERMS-., I . Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground lease pa)q-nent of $0. 15 per square foot, to be paid in advance, beginning on the commencement date Dnp" this pease and continuing regularly thereafter during the term of this lease and any extensions thereof. At its sole option, LESSEE inay prepay any of the rental installments. 2. Rental rates may be adjusted by LESSOR at the end of each five-year lease period, computed according to -the Consumer Price Index (CPI) -fo,r Dallas -Fort Worth, Texas, if other rates prevailing in the Pan's area for shnilar -facilities are not available. 3. Should LESSEE fail to make pa),nents in a timely manner, a late penalty of 1,0% shall be assessed beginning on the tenth calendar day after the due date. Should paYments remain past due for more than thirty (3 0) days, AGREEMENT is in default and may be terminated, as provided herein below. 4. In order to encourage development of the Airport by providing sufficient timeflor investors to amortize their investments, the to ofthis AGREEMENT shall be forty (40) years. Thisleasemay be extended by Lessee for an additional ten (10) year period.provided all requirements of this agreement have been met; Lessee owes no taxes, fees, or penaltie's to the City of Paris; and LESSEE makes known its desire to extend the lease no later than six months before exiration of the AGREEMENT. p !M -PR OVEMENTS. 5. LESSEE shall have tine ri„let at any time and from time to time during the to of this lease, to erect, maintain, alter, remodel, reconstruct, rebuild and replace buildings and Other improvements on the leased premises, and correct and change the contour of the leased premises as necessary. 6. The full expense of any such construction, reconstruction, demolition, or any change, alteration or improvements shall be home and paid by LESSEE, T. No new structure or other improvement, nor any material addition to, or alteration of, any building or structure shall be commenced unless and until plans, specifications, and proposed location(s) have been submitted to and approved by LESSOR, Said plans and specifications shall be prepared by LESSEE, at its own expense, at least thirty (30) days prior to the planned commencement of such project.. 8. LESSOR shall, in a timely manner, review and approve theplans or note in writing any required changes or corrections that, must be made to the plans. Any required changes or corrections must be made and the plans resubmitted to LESSOR within thirty (30) days after the corrections or changes have been noted,, Failure of LESSOR to object to such resubmitted plans and specifications within thirty (30) days shall constitute LESS 's approval of the changes. 9. Minor changes in work ®r materials not affecting the general character of the building project, minor repairs and alterations as may be necessary to continue the structures and improvements already placed in a useful state of operation, and changes and alterations that may berequired by an authorized public official having authority or jurisdiction over such structures or improvements in o.rr,t(.,-r to comply with legal. requirements, shall not require subn-lission to andapproval by LESSOR of plans and specifications. 10. The approval by LESSOR of any plans and specifications refers only to the confbnnit,Y of such phansandsj..)ecifications to the, general architectural phi anfort he leased premises and compliance initis all applicable codes and ordinances., and such approval shall not be withheld unreasonably. Such plans and s- ecificationsare not approved forarchitectural o.r engineering design, and by gkp1proving .P such plans and specifications LE SSO.R. assumes no liability or responsibility therefor or R)r any defect in any structure constructed ftorn sucli plans or specifications. I I . Com.;,truction oflinprow :inn e.ruts shall be conducted in ffillIn coriftyll, ance with the Cit yms Building Codes and other pertinent ordinances, including tfiie payment of all building inspection, fees or other Fes associated with construction, and with Federal Aviation Administration and'I"exas Department of "I"ranSpOrtation standards and requirements. 12. Any and all improvements constructed shall be consistent with the purposes provided forin this AGREEMEN"I" and contribute to fouthering the City of Paris's Airport Master Plan or airport development objeaives, 13. LESSEE shall require all contractors and sub -contractors to maintain general CIDMinercial liability mid workers' compensation insurance, or in lieu thereof provide such coverage itself. 14. All improvements shall be substantially complete )within eighteen (1, 8) months of ex,ecution of AGREEMENT. Fail ure to timely complete construction ofthe hangar shall be considered a breadh "tine lease ap greement and subject the tenant to all customary rem.edies forsmch breach, including tennination, In the event that construction has commenced, but will not be completcd in a timely imanner, LESS.11-.yE may apply to LESSOR. for an extension of time, said application tan include an. approved constniction timing plan. I ESSOR is under no obligation to grant the extension in the Absence ofthe valid excuse, but such cxtension will not be unreasonably withheld. 15. LESSEEshall provide as -built plans to LESSOR for all improvements made during the ten, -D of this AGREEMIZW. 16. l-,ESSEE shall not erect, paint up(.m,, attach, exhibit m,° display b-1, on, or about said leased premises any sign without the pri(.-)r written consent of LESSOR. 17. All permanent biailding and improvements placed upon the leased premises by LESSEE shiall become the ad property ofLESSEE, and will be classified f(..)r ad valorern tax purposes as property belong,ing to I,ESSEE; provided, however, that I.ESSOR shall not have the righ° t to alter or destroy any of such improvements except through authorized condemnation procedures, and LESSEEshall have thefiall and peaceful use and enjo3qnent thereof during the primary to of this lease. All permanent improvementsshall become the property of LESSOR upon the termination of the initial forty (40) year period of AGREEMENT, without compensation -to LESSEE. UAWT—ENA.N USE 18. LESSEE shall, at its own cost and expense at all times during the term of AGREEMENT, to Keep and maintain property and facilities in good condition and repair, reasonable wear and tear alone excepted, cotnplying -with all fire, building, and property maintenance codes and zoning regulations now in force, or that may be hereafter enacted with regard to the -use of the airport premises, maintaining roofs and walls free from leaks and damage, painting as necessary to prevent and retard rusting and to enhance appearance as the Mari ginal finishes deteriorate, and maintaining property clear of clutter, junk, weeds and high grass. .19. LESSEE shall conduct its o.eration and maintain the leasehold in such a manner as to be free of p environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar. 20. LESSEE shall not cause or permit any use or activity that would create a hazardous condition for aircraft operating at the airport, 21. LESSEE shall pay or cause to be paid all charges for water, gas, electricity, sewer, cable, and any and all other utilities used on the leased premises throughout the to of AGREEMENT, including connection fees. 22. The primaryPutpose for which the leased promises have been leased is fear the development and construction of an airplane hangar to be storage used for the of airplanes and related aero aut 0 1, 11 ical equipment and other items of- personal property pertaining to that use and owned by the LESSEE. In . addition to the provisions and limitations set forth below, LESSEE shall have the right to use the leased premises for lawful purposes of private use only -which are related to aviation or the aviation industry., in conformance with the requirements of the City's master plan, and in such a manner so as not to materially and adversely affect the development and improvement, operation, or maintenance of the airport. 23. No hangar shall be used as a residence or shall be eased :fear residential purposes. However, such facilities as a sink, bathroom, or associated features to provide for periodic temporary overnight stays or social -uses within a portion of the hangar shall be p - en-nitted. 24. No commercial activity is authorized unless it is first approved by the.Paris City Council. 25. p.. SSE shall at no time use or permit the use of leased premises in a manncr Contrary to Iieder al, state, or local laws, ordinances, rules, or regulations. 26. I...,ESSOR possesses the right to periodically inspect iinprovenients and in no case less often than wannually, accompanied b-LtWEE, to re ensual] Anse requirements, including those relating to use, y are being met. 27. LESSEE shall be responsible for all taxes, if any, includirlig without limit sales, use and excise taxes, ad valorem taxes or other similar taxies, taxes on personal property, and other 6hargm, of every, description which are levied on or assigned against the lease(] premises, whidli may be ass , essed upon the hangar and other improvements, or mi y other equipment or property associated with the hangar.. 28. LESSEE may, at any time and from time to time, encumber the leasehold interest, by deed of 'trust, rnortgage or other securi - ty instnunent, without obtaining the consent ofLESSOR, but no such encumbrance shall constitute as lien ongine fee title of LESSOR., and the indebtedness secured thereby shd.11 at, all times be and remain inferior and subordinate to all the conditions, covenants and obligations ol"this lease and to all of the ri&.,s of the LESSOR hereunder. INDEMNITY & INSURANCE. 29. LESSEE COVENANTS AND AGREES 170 INDEMNIFY AND DOES HEREBY. INDEM14IFY, HOLD HARMLESS AND DEFEND CITY, ITSOFFICERS,.AWENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALI., CLAIMS OR S-pJITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEAn-1, TO ANY .SND ALI, PERSONS, OF, WHATSOEVER KIND OR CHARACTER, WjiEI'I1ER.REAL O,SSEX-'f (MCLUDING, WITHOUTLIMITA'1,10N, REASONABLE FEES AND EXPENSES OF A,r]"ORNEYS, EXPERT WITNESSES AD OTHER CONSULTAN'I'S) ARISING OUT OF OR M CONNEC'noN WITH, DIRECTLY OR INDIRECTLY, THE NEGLIG04T OR. OTHERWISE WRONGFUL ACTS OR OMISSIONS OF LESSEE., ITS AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONN.111:'ICTION WITWI-HE DESIGN, CONSTRUCTION OR. INSTAI.1.,ATION OFT'll-lE IMP ROVEME'114TS, INCLI JDrNG BUT NOT I JMITED,ro INJURY OR DAMAGE 170 CITY PROPERTY. SUCH In'qDEMNITY SHALL StJRVIVE THETERM OF THISAGREEMEN"r.. THERE is No jarmr ENTERPRISE BETWEEN LESSOR AND I-JESSEE. 30. During the period of construction of any building or other improver nent on the leased preaanis es and at all times thereafter during the a.astenn, LESSEE shall keep -the improvements , insured against loss or damage by fire, with extended coverage endorsement or its equivalent, in such responsible insurance companies as LESSEE shall select and LESSOR shall approve, and in ainounts not less than 80% of the fair insurable value of the buildings and other improvements. 32., LESSEE shall maintain:, dunng the life of.AGREEMENT, general liability coverage with mininium limits for damages resulting from bodfly ipjury or death of $250,000 per person and $500,000 per occurrence, and $100,000 per occurrence for property dmnage, or a combined single filuit of $500,000, or in such other amounts mutually agreed upon to fully and reasonably protect 'both LESSEE ad LESSOR. LESSOR shall be named as an additional insured with a waiver of subrogation in hvor of LESSOR. All costs of such insurance shall be borne by LESSEE. Such insurance policy or policies must be issued by a reputable provider licensed to write such policies in the State of Texas. DEFAULI& TERMINATION. - 33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and such default is not corrected within thirty (30) days afterreceipt of written notice from LESSOR to LESSEE, LESSOR may declare AGREEMENT, and all rights and interest created by it, to be terminated. Upon LESSOR electing -to terminate, AGREEME?Irr shall cease and come to an. and as if that were the day originally fixed herein for the expiration of the term hereof LESSOR,its agent or attorney, may resume possession of the premise-, and release ,ESS EE of all liability or relet the sanie for the remainder of the to at the best renot 'LESSOR, its agent or attorney may obtain for the account of LESSEE, who shall make good any deficiency 34. Any termination of this leaseas herein provided sh4 notrelieve LESSEE frorn the payment of any swn or warns that shalithen be due and payable to LESSOR hereunder, or any claim or damages then or th ffetofore acendng against LESSEE hereunder, and any sudh teffnination shall not prevent LESSOR from enforcing the payinent of any suChsum or sums or claim darnageslay any rernedy provided for by law or froin recovering damages ftom LESSEE for any defaialt thereunder. No termination shall relieve LESSEE of" the obligation to deliver and perforin on all outstanding obligations and requirements prior to the effective date of the termination. 35. In the event of the fiailuure on the as of LESSEE upon termination of".AGREEMENT to immediately remove from the leased, premises 611 property owned by it, 1..,Essar may effect such ren-ioval and store such property at. LESSEEs expense. 36. LESEE shall pay and discharge all reasonable costs., attomey's fees, and exlwnses diat may be incurred by LIFE'SSOR. in enforcing the or ,A and conditions of AGREEMEN"I". 37. Notwithstanding the foregoing, nofiaflurc to perform or delay in perf on-nance which is causedby any war, civil disorder, or other national emergency or which is due to an. intervening act of God shall be deenied an event of default during the pending force mkieure event. 38. Tenants ofhiingars which are built by LESSEE as consideration for a to ng-terni grraund le&se -shall be given the rigJa.-of-first-refusal for the lease of such hangar upon the termination or expiration of tfiie initial lease, the rental rate for such hangars to be deteTmnosed as set out herein, RESERVED TO LESSOR: 39. Nothing herein contained shall be constmed to grant or authorize the granting of an exclusive right except as to the premises leased herein.. 40. [,,ESSOR resLTves the right to further develop or finprove the landing area of the airport as it sees fit, regardless of the desires or view of LESSEE, including -die temporary dlosing of the airp ort, and the granting o:)f an exclusive right, 41. The parties agree that 1.2, SSOR has not waived its sovereign imrnunity by entering into and perforining its obligations under this AGREEMENT, 42. LESSOR will maintain and keep in repair thelanding area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of'l..,ESSEE in this 41 During a time of war or national emergency, LESSOR shall have the right to lease the landing area or any Part thereof to the United States Government for military use, and, if such lease is executed, the provisions of -this jnst.rujnent insofar as they are inconsistent with the provisions ofthe lease to the Government shall be suspended. 44. LESSOR reserves the right to take any action it considers necessarY to Protect the aerial approaches of the airport against obstruction, together with the right to prevent LESSEE from erecting, or pennitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the LESSOR, would limit the usefulness of the airport or constitute a hazard to aircraft. 45. During the final 180 days of the to of AGREEMENT, LESSSOR shall have the right to erect and maintain on or about the leased .preinises customary signs advertising the premises for sale or lease. 46.. This lease shall be subordinate to the provisions of any existing or lu- ture agreement between LESSOR and the'United States, relative to the operation or maintenance of the airport, the execution of which has been or inay be required as a condition precedent to the expenditure of Federal funds for the development of the airport, 47.. Holding over by LESSEE of the airport premises after the expiration of this agree rn 0 nt shall alI operate and be construed as a tenancy from. day to day at a rental rate computed fron the rental rate then prevailing under this lease. 48., LESSOR may, at its option, and following a ninety (90) day written notice period, terminate AGREEMENT as to the land, the hangar building, or any parts thereof, which maybe necessary in the event LESSOR desires to use the property, or any- portion thereof, for any governm , I p urp enta use as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or drainage finprovements, or the expansion of existing buildings or the erection of other airport facilities. If LESSOR so terminates all or a.portion of AGREEMENT, LESSOR shall pay to LESSEE 2.5% of -the total construction costs of all improvements multiplied by the number ofyears remaining in the, lease tenn OR the appraised value, whichever is greater. 49. Nothing herein contained shall be construed to deny tine 'LESSOR its right to condemn the ]eased property through its power of eminent domain. In the event of condemnation of all or any portion of the leased pre the leasehold interest ofLESSEE shall be deemed to include all rights under this lease including, but not limited to, the right to Occupy the i leased Prernises, mprovements placed on tile KIS C—ELLANEOU �S 50. The undersigned officers and/or agents of the parties hereto are the PrOPMIY authorized officials and have the necessary authority to execute this AGREEMENT on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutionsor anther ther acts extending such authority have been duly passed and are now in ffill or and effect. 51. This Agreement represents the entire and integrated agreement 'between LESSOR and LESSEE and supersedes all prior negotiations, representations and/or agreements, either written or oral. 77his Agreement may be amended only by written instrument signed by both LESSOR and LESS . 52. If any clause, paragraph, section orportion of this AGREEMENT shall be found to be illegal, a C C unlawfW, unconstitutional or void for any reason, the bal nc: of the A YREEMFNTshall remain in full -force and effect and the parties shall be deemas ed to have contracted if said clause, section, paragraph or portion had not been in the Agreement initially, 534 This AGREEMENT is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged, 54.. Waiver by either party or any breach of this AGREEMENT or the fai e of either party to i lur enforce any of the provisions of this Agreement, at any time., shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance of the AGREEMENT. 55. This AGREEMENT shall be drafted equally by all parties hereto. The language of all parts of this AGREEMENT shall be construed as a whole according to , it.s fair meaningand any presura . ption or principle that the language herein is to be conest ruedagainst any party shall not apply. Headings in this AGREEMENT are for the convenience of the parties and are not intended to be used in construing this document. 56. This AGREEMENT maybe executed in a number of identical counterparts, each ofwhich shall be deemed an original for all purposes. 57-- This AGREEMENT shall not be assigned without the written consent of LESSOR, 'Which shall notbo unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENTshall be in writing and signed by all parties to tine AGREEMENT. 58. The rights and rcmedies provided bythe AGR EEME]NIT are cumulative, and the use of anyone right or reniedly by LESSOR, shall not preclude or waive any right touse any or all other- remediec,,;. 59. Where the terms (,,)if tilis.AGREEMENT require that notice in writing be provided, such notict.- shall be deemed delivered thr-ee (3) days following the deposit of the notice in the United States mail., postage prepaid, and sent by certified mml, retuni receipt requested and properly, addressed as fbllows. Lessor City of Paris P. O. Box 9037 Paris, ""rX 75,461-9037 Lessee: . ........... ...a:.... 60. 'rhis AGREEMENT shall The binding upon, and inure to the benefit of, the parties of this Lease and their respectiveheirs, executors, adminim.rators, legal representatives, successors, and assigns -when pennitted by this Agreement. 61. Th is AGREEMENT shall be constmed under, and in accordance with the- laws of the State of Tc--mas, and all obligations of the pailies Greated by this Lease are performable in Lamar County, Texas. ]EXECUTED on this day of uta 2QD to be effective 20A VQ_ I - 11 ..... ..... . . . . . . . . . . . . THE CITY OF PARIS, TEXAS eft"Y Manap-er STATE OF TEXAS COUNTY OF LAMAR s This instrument was acknowledged before me on the yof 20 da b , y LESSEE w Notary Public, State of Texas By; ,. Date s .._ 'Z Name: ✓! ..Al v M Title: STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on the day of " 20, by N Notary Public State of Texas ex as revs°reM g, D E P4Y � uCa ti: �i ,i �i :O�rv9repfi s ff Ilesr;mlUt � re ��Aiiuirer. o p�rei�re '��;a 023 16 p4V4Ni" D E IN4 E NE' J 0 1+4 S0 IN, Wo Notary ary P rebfl , 4a Quaid -`A Expi0resO i Ei,2011 ��raarew 1011'vpl,3 V�9 �I, ll PAY "4 )0 �� 21e LESSEE w Notary Public, State of Texas By; ,. Date s .._ 'Z Name: ✓! ..Al v M Title: STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on the day of " 20, by N Notary Public State of Texas ex as revs°reM g, D E P4Y � uCa ti: �i ,i �i :O�rv9repfi s ff Ilesr;mlUt � re ��Aiiuirer. o p�rei�re '��;a 023 16 Part of the William Scott Survey #865 Part of Cox Field Airport Hanger "A-7" Hanger "A" NCO cone. f02. x 1IIP-S 89'55'48" E N " �y b ,. � a V iron pin found 94 h — �x N r asphalt 0 b 4 2 dirt 64.00 N t 5.00' . 89'55'48" E x 103 6 r"� t�1 8 r N: 33'38'17.955" W: 95'27'23.04` 00. 0 • X 100.0' elev X 1� 2 41 10l' 1 Hay ; 'oster �� I= '36` copped iron pin found V iron pin found = 7J" iron pin found 60d nail set = iron pipe found = bois d are poet found = post found - cone. highway marker fou _ W capped iron pin (HF 5699) set 09te — survey line ----= easement/building line —w—= overhead power line - fence = water meter = gas meter = telephone pedestal = fire hydrant m sloe, trans. pedestal pob = point of beginning 0 3 X 0 ,- 3 o. N C O '0 O c N O i top of bolt 103.46' concrete y0J.8. #: 180903 l rcr scale P—W I, Hayden Foster, Registered Professional Land Surveyor, No. 5699 do hereby certify dist the plat rept an on the ground survey _...._.... made under my direct supervision. No research of recorded documents was made for the purpose of determining the boundary ofthis property and the adjoining parcels, this is for drainage and preliminary c onat ucdon of a proposed new airplane Iruurger. Record documents other than those shown on this survey may exist and encumber this properly. There doesn't appear to be any eneraachmEts other than those shown henxn . The tract does not appear to be in a flood zone according to the Flood Insurance Rate Map #M77C0350C for Lamar County, Texas. Reference Bearing = the West boundary line of the taxiway that is Fant of the proposed construction ares - S 00°04'12" W Controlling Monument is the Reference Bearing and provided LaIlLong provide by the City offtis. Plet provided with this survey. Foster Land Surveying Firm 410010700. -17325 FM 197 - If Ex4,64'A TX 75411- office 903.739.9166