1987-041-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 2196, authorize a Lease
RESOLUTION NO. 87-041
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 2196, authorize a Lease
Agreement with Roger Allen Boxwell, to lease property at Cox
Field, Paris, Texas, for the purpose of erecting a building
in which to conduct an aeronautical activity; and,
WHEREAS, Roger Allen Boxwell is leaving the Paris area
and wishes to assign said lease to John Gann, III, in the
form of an Assignment of Lease attached hereto as Exhibit A;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Assignment of Lease dated March 19, 1987,
between Roger Allen Boxwell and John Gann, III, in the form
attached hereto as Exhibit A, be, and the same is hereby
approved.
Passed and adopted this 13th day of April, 1987.
Bi~r~r
-
ATTEST:
~~\. \. ~'^^""""'~
Mattie Cunningham, Ci er
FORM:
THE STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
ASSIGNMENT OF LEASE
I, ROGER ALLEN BOXWELL, of Lamar County, Texas, do
hereby transfer, assign and convey unto JOHN GANN, III, all
of my right title and interest as Lessor under the terms of
a Lease Agreement dated August 10, 1982, with CITY OF PARIS,
a municipal corporation, a copy of which lease is attached
hereto as Exhibit "A" and incorporated herein for all
necessary purposes.
The rights herein conveyed are given subj ect to JOHN
GANN, III, complying with the obligations set forth in said
Lease.
DATED this 19th day of March, 1987.
/'). III! '. /~
--f:JLCll""",! --- &1-1 . (2/p~-"t ~ c-r-'
ROGER ALLEN BOXWELL
The terms of the above assignment are accepted by
John Gann, III, Assignee, and he does agree to indemnify,
save, keep and hold harmless Roger Allen Boxwell, Assignor,
from and against any and all demands, debts, liabilities,
suits, claims and causes of action of every kind and
character whatsoever for damages resulting under the lease
attached hereto as Exhibit A and the above assignment
thereof.
LEASE AGREE~mNT
STATE OF TEXAS
COUNTY OF LAMAR
1
1
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT BETWEEN the CITY OF PARIS, a
municipal corporation, acting by and through its City Manager,
ROBERT W. SOKOLL, duly authorized, hereinafter referred to as
Lessor, and ROGER ALLEN BOXWELL, of Lamar County, Texas,
hereinafter referred to as Lesee, WITNESSETH:
For and in consideration of the sum of EIGHTEEN
THOUSAND &~D NO/100 ($18,000,00) DOLLARS, payable to the
CITY OF PARIS, a municipal corporation, as follows: $150.00
on or before August 1, 2007, 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 ROGER ALLEN BOXWELL, that portion of Cox Field
property described on Exhibit "A" 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, 1982, and ending on the
31st day of July, 2017.
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 or 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
; n Rnnk ,Oil P""p 287. Deed Records of Lamar Countv. Texas. to
3. That "Lessee, his successors or assigns, agrees
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 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 Trans-
portation, 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.
4. That Lessee, his successors or assigns, agrees
that (1) no person on the grounds of race, color or national
orgin shall be excluded from participation in, denied the
benefits of, or be otherwise 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
participation in, denied the benefits of, or otherwise be
subjected to discrimination, (3) 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
~ ..
,",~u.J' nJ....\........ An+- ,..4= 1Qh.l&. nnn.R.c: ~aid
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 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 permitted purposes, Lessee desired to build at his own
expense a hangar building and apron in pursuit of such uses
it will be so permitted upon application for building permit,
including a site plan, upon the property described in Exhibit
"A" attached hereto and 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 hanger and apron multiplied by the number of complete
years remaining into August 31, 2007. In the event that final
termination of said lease occurs during the final ten (10)
years of said lease, there shall be no payment due lessee.
and damages to the same caused by Lessee or those under him
and will deliver same to Lessor at the expiration or term-
ination 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 sinr,ular 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 fixtures 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 will not assign this lease or sublet
the leased premises or any part thereof without the written
consent of Lessor first had and obtained.
12. That Lessee agrees to indemnify, save, keep and
hold ha~~less Lessor from and against any and all damands,
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 waiving any defects therein and agrees to hold
and save Lessor harmless from all claims for any such damages
providing at least $100,000.00 per person arid $300,000.00
for any single occurrence for bodily injury or death and
$10,000.00 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 ex-
pressly provided that such insurance policy or policies
shall and must be written and issued by a reputable
insurance company or companies, 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 Paris,
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,
13. Lessee will not rent the premises or any part
therof 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 the Airport Manager.
15. Should Lessee default in, or fail or refuse to keep
any of the covenants, conditions, stipulations and/or
in the event such default, failure or refusal is not
corrected within said thirty 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 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 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 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.
17. Lessor guarantees Lessee access to the leased
property at all times during the term of this lease.
18. 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:~fk~
o ert W. Sokoll, City Manager
STATE OF TEXAS 1
COUNTY OF LAMAR 1
BEFORE ME, the undersigned authority, on this day
personally appeared ROBERT W, SOKOLL, 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 there-
in stated.
GIVEN UNDER MY
day of (( ii '0" .r;-,
HAND AND SEAL OF OFFICE, this -LLe~
, 1982.
~
Texas
STATE OF TEXAS 1
COUNTY OF LAMAR 1
BEFORE ME, the undersigned authority, on this day
personally appeared ROGER ALLEN BOXWELL, 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.
GIVE{r~~ER MY HAND AND SEAL OF OFFICE, this
day of .'I.J , 1982.
)(1')0-
" EXHIBIT
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TRACT 1 FIELD NOTES:
Situated acout 5~ miles East of the City of Paris, Lamar County,
Texas; being a part of the !':illiam Scott Survey, Abstract No. 656; and
being a part of the Cox Field Airport facility property;
BEGINNING at a steel rod set for corner, said point being 1260,5
feet right or ~esterll' from North-South runway Station 24+62.6, as shown
on F.A,A. Project No. 6-48-0169-01, on file at the Paris City Engineer's
Office, Paris, Texas;
TEENCE Northerlv parallel to said runway, 100.0 feet to a steel rod
set for corner; ~
THENCE Nesterly perpendicular to said runway, 50.0 feet to a steel
rod for corner;
THENCE Southerly parallel to said runway, 100.0 feet to a steel rod
set for corner;
T3ENCE Easterly perpendicular to said runway, 50.0 feet to the place
of beginning containing 5,000 sq, ft. of area,
I, lUXE S. \\RIGHT, do hereby certify that
truly and correctly represent a survey made by
day of August, 1982,
the field notes hereon
me on the ground the 5th
.
~'o.Q s. ~~Lf\c
Registered Publl.c Su eyor No. 2103
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WATER
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TRACT 2
/'00' X 50'
~
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1210.5'
NO SCAL.E
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TERMINAL'
BUILDING
STA. 30+00
In NORTH-SOUTH
,.. RUNWAY
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TR~CT 2 FIELD NOTES: .
Situated about 5~ Eiles East of the City of Paris, Lamar
County, Texas; being a part of the ~illiam Scott Survey, Abstract
No. 856; and being a part of the Cox Field Airport facility
property;
BEGINNING at a point for corner, said point being 1210,5
feet right of Nesterly from North-South runway Station 25+12,6,
as shown on F.A,A. Project No, 8-4B-0169-0l, on file at the
Paris City Engineer's Office, Paris, Texas;
TEENCE Northerly parallel to said runway, 100.0 feet to a
point for corner;
THENCE Westerly perpendicular to said runway, 50,0 feet to
a steel rod for corner;
TEE~CE Southerly parallel to said runway, 100.0 feet to a
steel rod set for corner;
THENCE Easterly perpendicular to said runway, 50.0 feet to
the place of beginning containing 5,000 sq, ft, of area,
I, MIKE S. WRIGHT, do hereby certify that the field notes
hereon truly and correctly represent a survey made by me on the
ground the 5th day of August, 1982.
.
Reg~~ ~u"~~yor No, 2103