Loading...
08 - Ratification of Ground Lease Hangar A-7 AssignmentItem No. 8 TO: City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Resolution ratifying acceptance of assignment of ground lease for Hangar A-7, Cox Field Airport DATE: November 8, 2021 BACKGROUND: On or about December 18, 2018, the City executed an extension of an airport ground lease for Hangar A-7 held by Erik Zarones extending the ground lease until June 22, 2049. On April 15, 2019, Mr. Zarones assigned his ground lease for to Sheradon R. Carter. The former city manager executed the assignment thereby purportedly giving the city's approval and acceptance of the assignment. For reasons that remain unclear, (1) the assignment was never presented to the Council for approval and acceptance, and (2) the attachment to the assignment was the original ground lease, not the extended lease (both were entitled Airport Ground Lease Agreement) STATUS OF ISSUE: This is essentially a clean-up item. Mr. Carter is trying to sell the hangar and assign the lease to a third party, and in order for the paper trail to be clean, City Council needs to ratify the former city manager's actions in accepting and approving the 2019 assignment and attach thereto the Airport Ground Lease Agreement (extension). BUDGET: No impact. RECOMMENDATION: Move to approve a resolution ratifying the acceptance and approval of the 2019 assignment of the ground lease from Erik Zarones to Sheradon R. Carter and attaching to said assignment a copy of the 2018 Airport Ground Lease Agreement (extension). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, RATIFYING THE 2019 ASSIGNMENT OF HANGAR A-7, COX FIELD AIRPORT, FROM ERIK ZARONES TO SHERADON R. CARTER; MAKING OTHER FINDINGS AND PROVISIONS AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about December 18, 2018, the City Council granted Erik Zarones an extension on his Airport Ground Lease Agreement for Hangar A-7, Cox Field Airport, extending his lease until June 22, 2049; and WHEREAS, on or about April 15, 2019, Erik Zarones assigned the ground lease for Hangar A-7, Cox Field Airport, to Sheradon R. Carter, but attached a copy of the original ground lease and did not attach a copy of the lease extension (also entitled Airport Ground Lease Agreement; and WHEREAS, the former City Manager approved said assignment; and WHEREAS, said assignment was not presented to the City Council for approval; and WHEREAS, at this time, the City Council desires to ratify the acceptance and approval of said assignment executed by the former City Manager, attaching thereto a copy of said lease extension; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the acceptance and approval by the City Manager of the Assignment of Ground Lease for Hangar A-7, Cox Field Airport, from Erik Zarones to Sheradon R. Carter dated April 15, 2019, attached hereto as Exhibit A, including a copy of the Airport Ground Lease Agreement (the extension) is hereby ratified for all purposes. Section 2. This Resolution shall take effect immediately after its passage in accordance with the provisions of law. PASSED AND ADOPTED this 8th day of November, 2021 Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney AIRPORT GROUND LEASE AGREEMENT THE STATE OF TEXAS § COUNTY Or LA MAR § KNOW ALLME, N BY THESE PRESENTS This Lease Agreement (AGREEMENT') is made by and between the City of Paris, Texas, a home rule municipal corporation (LESSOR) and ERIK ZARONES (LESSEE) Hangar A-7. Execution of this ground lease agreement initially was approved by Resolution No.. 2009-066, and was between William T. Booth/Magnum Performance and the City of Paris. The term. was for thirty (30)-yearsy-beginni-WJune 22, 2009 and ending June- 2-1 5 2039. - -An Assignrnent of Lease -was executedJune 8, 2015, transferring the ground lease to Erik Zarones. On March 14, 2016, City Council approved a five-year extension of said ground lease to Erik Zarones beginning June 21:,2039 and ending Ame 22, 2044. On December 10, 20185 City Council approved an. additional five -y. -car extension of said ground leasebeginning June 21, 2044 and ending June 22, 2049. .1 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 to LESEE that portion of Cox Field realproperty as described in-Exi'bit A,, -attashed -hereta-and--rade a part hereof. LESSEE hereby leases said real property from. LESSOR, subject to the terms, covenants, and conditions state below, andshall have the right and privilege to construct and maintain certain improvements of said property. LESSEE accepts property "as is." Except to the extent provided herein and suNect to the provisions hereof, LESSEE shall have and hold the leased premises, -together with all rights,ivilegeseasements, appurtenances, and .pr , P irmunities belonging to or in any way appertaining to said leased premises, :including, but not limited to, any and all easements, rights, title and privileges of LESSOR now or hereafter ex.stung inn, to, or -under said leased premises, and additionally LESSEE shall be permitted to use in common with others all streets and other rights of ingress and egress and all runways, -taxiwaysan. d designated aprons which are or may hereafter be provided at the Airport. LEASE TERMS: 1. Subject to the provisions contained herein, LESSEE shall pay to LESSOR an annual ground lease payment of $0.20 pensquare foot, to be paidin advance, beginning on the cornmencernent date of this lease and continuing regularly thereafter during the term of this lease and any extensions thereof. At its sole option, LESSEE may prepay any of the rental installments. 2. Rental rates maybe adjusted by LESSOR at the end of each five-year lease period, computed according to the Consumer Price Index (CPI) for Dallas -Fort Worth, Texas, or other rates prevailing in the Paris area for similar facilities. 3. Should LESSEE fail to make payments in a timely manner, a late penalty of 10% shall be assessed beginning on the tenth calendar day after the due date. Should payments remain past due for more than thirty (30) 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 time for investors to -amor ize theirrinvestmen st ,the term of -this AGREEMENT all be for a-ferm of-ive years beginning June 21, 2044 and terminating June 22, 2049. 5. LESSEE shall have the right at any time and from time to time during the term 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 borne and paid by LESSEE. 7. 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 the plans 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 LESSOR's approval of the changes. 9. Minor changes in work or 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 be required by an authorized public official having authority or jurisdiction over such structures or improvements in order to comply with legal requirements, shall not require submission to and approval by LESSOR of plans and specifications. 10. The approval by LESSOR of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and compliance with all applicable codes and ordinances, and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design, and by approving such plans and specifications LESSOR assumes no liability or responsibility therefor or for any defect in any structure constructed from such plans or specifications. 11. Construction of improvements shall be conducted in full conformance with the City's Building Codes and other pe- tinenforr ,inances, including the payment of all building inspection fees or ®cher fees associated with construction, and with Federal Aviation Administration and Texas Department of Transportation standards and requirements. 12. Any and all improvements constructed shall be consistent with the purposes provided for in this AGREEMENT and contribute to furthering the City of Paris's Airport Master Plan or airport development objectives. 13. LESSEE shall require all contractors and sub -contractors to maintain general commercial liability and workers' compensation insurance, or in lieu thereof provide such coverage itself. 14. All improvements shall be substantially complete within eighteen (1 S) months of execution of AGREEMENT. Failure to timely complete construction of the hangar shall be considered a breach of the lease agreement and subject the tenant to all customary remedies for such breach, including termination. In the event that construction has commenced, but will not be completed in a timely manner, LESSEE may apply to LESSOR for an extension of time, said application to include an approved construction timing plan. LESSOR is under no obligation to grant the extension in the absence of the valid excuse, but such extension will not be unreasonably withheld. 15. LESSEE shall provide as -built plans to LESSOR for all improvements made during the term of this AGREEMENT. 16. LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about said leased premises any sign without the prior written consent of LESSOR. 17. All permanent building and improvements placed upon the leased premises by LESSEE shall become the ad property of LESSEE, and will be classified for ad valorem tax purposes as property belonging to LESSEE; provided, however, that LESSOR shall not have the right to alter or destroy any of such improvements except through authorized condemnation procedures, and LESSEE shall have the full and peaceful use and enjoyment thereof during the primary term of this lease. All pqanent improvements shall become the property of LESSOR upon the termination of the initial forty (40 near n nd �EMENT, without compensation to LESSEE. 10.&I. IcY 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, complying -with -all fire, buil-ding, and property maintenance--codes-and-wiring 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 original finishes deteriorate, and maintaining property clear of clutter, junk, weeds and high grass. 19. LESSEE shall conduct its operation and maintain the leasehold in such a manner as to be fee of environmental contamination, and shall store neither fuel nor defuel any aircraft inside any hangar. 24. 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 term of AGREEMENT, including connection fees. 22. The primary purpose for which the leased premises have been leased is for the development -and construction of an airplane hangar to be used for the storage of airplanes and related aeronautical 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 ofprivate 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 residence or shall be used for residential purposes. However, such as # or social uses within a portion of the hangar shall be permitted. Fno time use or permit the use of , `d premises . manner contrary federal, ta,e or local laws, ordinances,or regulations. 26. LESSOR possesses the right to periodically inspect improvements and in no case less often than rnnigalliv -%ccownanied bv LESSEE. to ensure all use reauirements.t r, 1' shall27. LESSEE i 1 l a" allIakep,,i, /,sales, -age -and taxes, ad valorem taxes or other similar taxes, taxes on personal property, and other charges of every description which are levied on or assigned against the leased premises, which maybe assessed upon the hangar and other improvements,or any other equipment or property associated the hangar. 28. LESSEE may, at any time,;1r iM*''- time to time, encumber the leasehold interest, b; f''4 of L'j - .1 Ili M 7 .Mliw, SHALL SURVIVE THE TERM OF THIS AGREEMENT. THERE IS NO JOINT ENTERPRISE BETWEEN LESSOR AND LESSEE. 30. During the period of construction of any building or other improvement on the leased premises and at all times thereafter during the lease term, 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 amounts not less than 80% of the fair insurable value of the buildings and other improvements. 31. In the event any building or improvement constructed on the leased premises is damaged by fire or any other casualty, regardless of the extent of such damage or destruction, LESSEE shall within one year from the date of such damage or destruction commence the work of repair, reconstruction or replacement of damage or destroyed building or improvement and prosecute the same with -��asonable diligence -so that the building, -to the -m -tent originally constructed byLESSEE, shatte restored to substantially the condition it was in prior to the happening of the casualty, provided, however, that if the commencement, construction or completion of said repair, reconstruction or replacement work shall be prevented or delayed by reason or war, civil commotion, acts of God, strikes governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason enumerated or not, the time for commencing or completing, or both, of the construction of said building, as the case maybe, shall automatically be extended for the period of each such delay. 32. LESSEE shall maintain, during the life of AGREEMENT, general liability coverage with minimum limits for damages resulting from bodily injury or death of $250,000 per person and $500,000 per occurrence, and $100,000 per occurrence for property damage, or a combined single limit 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 favor 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. 33. Should LESSEE default in the performance of any covenant or condition in AGREEMENT, and such default is not corrected within thirty (30) days after receipt 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, AGREEMENT shall cease and come to an end 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 premises and release LESSEE of all liability or relet the same for the remainder of the term at the best rent LESSOR, its agent or attorney may obtain for the account of LESSEE, who shall make good any deficiency 34. Any termination of this lease as herein provided shall not relieve LESSEE from the payment of any sum or sums that shall then be due and payable to LESSOR hereunder, or any claim or damages then or theretofore accruing against LESSEE hereunder, and any such termination shall not prevent LESSOR from enforcing the payment of any such sum or sums or claim damages by any remedy provided for by law or from recovering damages from LESSEE for any default thereunder. No termination shall relieve LESSEE of the obligation to deliver and perform on all outstanding obligations and requirements prior to the effective date of the termination. 35. In the event of the failure on the part of LESSEE upon termination of AGREEMENT to immediately remove from the leased premises all property owned by it, LES SOT may effect such removal and store such property at LESSEE's expense. 36. LESEE shall pay and discharge all reasonable costs, attorney's fees, and expenses that maybe incurred by LESSOR in enforcing the covenants and conditions of AGREEMENT. 37. Notwithstanding the foregoing, no failure to perform or delay in performance which is caused by any war, civil disorder, or other national emergency or which is due to an intervening act of God shall be deemed an event of default during the pending force maj cure event. 38. Tenants of hangars which are built by LESSEE as consideration for a long-term ground lease shall be given the right -of -first -refusal for the lease of such hangar upon the termination or expiration of the initial lease, the rental rate for such hangars to be determined as set out herein. 39. Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right except as to the premises leased herein. 40. LESSOR reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of LESSEE, including the temporary closing of the airport, and the granting of an exclusive right. 41. The parties agree that LESSOR has not waived its sovereign immunity by entering into and performing its obligations under this AGREEMENT. 42. LESSOR will maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of LESSEE in this regard. 43. 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 f the 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 ere avg_rUCMjjt_t_ina to be erecte,,?, On. . Iding or other structure on or adjacent to th rt • -have the right to erect --Dunng the -final 180 days -of the term of AGREEMEYT�,L-ESSSOR shall and maintain on or about the leased premises customary signs advertising the premises for sale or 46. This lease shall be subordinate to the provisions of any existing or fixture agreement between LESSOR and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may 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 Agreement shall operate and be construed as a tenancy from day to day at a rental rate computed from 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 may be necessary in the event LESSOR desires to use the property, or any portion thereof, for any governmental purpose as determined by LESSOR, such as but not limited to, extension of runways or taxiways, utility or drainage improvements, 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 of years remaining in the lease term. 49. Nothing herein contained shall be construed to deny the LESSOR its right to condemn the leased property through its power of eminent domain. In the event of condemnation of all or any portion of the leased premises, the leasehold interest of LES SEE shall be deemed to include all rights under this lease including, but not limited to, the right to occupy the improvements placed on the leased premises. 50. The undersigned officers and/or agents of the parties hereto are the properly 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 resolutions or other acts extending such authority have been duly passed and are now in full force 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. This Agreement may be amended only by written instrument signed by both LESSOR and LESSEE. 52. If any clause, paragraph, section or portion of this AGREEMENT shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the AGREEMENT shall remain in full force and effect and the parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. 53. 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 failure of either party to 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 its fair meaning, and any presumption or principle that the language herein is to be construed against 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 of which shall be deemed an original for all purposes. 57. This AGREEMENT shall not be assigned without the written consent of LESSOR, which shall not be unreasonably withheld, conditioned or delayed. Any amendment to this AGREEMENT shall be in writing and signed by 0 parties to the AGREEMENT. 58. The rights and remedies provided by the AGREEMENT are cumulative, and the use of anyone right or remedy by LESSOR shall not preclude or waive any right to use any or all other remedies. 59. Where the terms of this AGREEMENT require that notice in writing be provided, such notice shall be deemed delivered three (3) days following the deposit of the notice in the United States mail, postage prepaid, and sent by certified mail, return receipt requested and properly addressed as follows: Lessor: City of Paris P. O. Box 9037 Paris, TX 75461-9037 Lessee: ly„w 60. This AGREEMENT shall be binding upon, and inure to the benefit of, the parties of this Lease and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. 61. This AGREEMENT shall be construed under, and in accordance with the laws of the State of Texas, and all obligations of the parties created by this Lease are performable in Lamar County, Texas. EXECUTED on this day of " ' ,LIMU2018, to be effective June 21, 2044. THE CITY OF PARIS, TEXAS Marra � -... qty ger LESSEE � a Erik Zarone§'- APPROVED AS TO FORM: City 4 Corney STATE OF TEXAS COUNTY OF LAMAR This ins ent was aclaiow-ledged before me on the " ^ day ofi,) r^ " � ,-2UT8; by Jo n� Godwin. ., �o 1li.. ... ............ r�l4! r r jld� r:�hlii r Ckr',�i 03°°-1lt 4if�-o i (0,3,6 2 1 �b uw„w�.�moww,w„.«,nrow�o w�wi�+rew �.�„,w.,.a„m�wwww=.!vrwuw��ovu�u� STATE OF TEXAS COUNTY OF LAMAR Notaryd �Public, �'� ,Ae of Texas This instrument was acknowledged before me on the J,dayofL&jff2018, by Erick Zarones. .w� w° �t p• STATESUE HOWAR � D � N.. _ _ e..ee �.. Public otary Publ ,State of Texas • a • ID�512411� M ft %� fft 16µ 2021 fig r■V Pl,dix s� p $ la a = a i _� 1 9 b1 e !4MY 1 ^Y;'Y4'YIIVY:i➢H�uwMur�e ow.,�� f 1 Rafar ce 1 �. �... ,C"p N . D 00'00'33" E M •hne Ot " i —", 1-loci{I./eaii� 46,d Wo .r V CD ® a� r y fir°�s 1 fig r■V Pl,dix s� p $ la a = a i _� 1 9 b1 e !4MY 1 ^Y;'Y4'YIIVY:i➢H�uwMur�e ow.,�� f 1 Rafar ce 1 �. �... ,C"p N . D 00'00'33" E M •hne Ot " i —", 1-loci{I./eaii� W 46,d Wo .r V CD t 4 W ,-------- 20 NorlhMain Street Parr, Te � s 7 460 903-786-3551 fax 903-785-3.399 e-mail: nelsonsumayin u denl€nk.not Jim Nelson' .awror ........... J M N®Iof TeM, 0025 Ditty-10151CF�8oOthe W&etl ff)SB °e Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, part of the William Scott $urvey #W6, and being part of a called 1552.97 acre tract of land conveyed to th6 City of Paris by Parw-- 1662.97 acre tract b- • known tract.Beginning at a 1/2" capped (NELSON SURVEYING) *'won pjn (s) for comer, said comer being North 58"27'03" Zest a dit;tance of 2021.87 feet from a %" iron pIA (f) At an 61 comer of said City of Paris 1662.0 acre Thence North 00001�3'1 West a distance of 60.00 feet to a 'A' capped (NELSON SURVEYING) iron pin ■ Thence North $94159'28" East a distance of 40-00 feet to a W capped (NELSON SURVEYING) Iron pin for comer, land.Thenoe South O*W33" East a distance ol 50.00 feet to a "A" capped (NELSON SURVEYING) iron pin (s) for comer, sold comer being North 090013" West s distance of 6.00 feet from the Northeast corner of ft concrete apron on the East side of HmV'er A; Thence South 89'69'28" West a distante bf 40.00 feet to the plaw of beginning and containing 0.046 acres of TA701MOZIm =10A WOW -1;1 made on the ground and, complated by Me on the 6th day of February, 2009, and that thePlat, the Field Notes, and the Legend/General Notes, are to be one documenOnd are to be recorded as one. JX Nelson, - .,LS Texas,1 date an-wom wy Igo) THE STATE OF TEXAS COUNTY OF LAMAR 1, Erik R Zarones, for and in consideration of the sum, of Ten Dollars ($10.00), and other good and valuable consideration given by Sheradon R. Carter, whose mailing address is 161 CR 32252 Sumner, TX 75486, the receipt and sufficiency of which is hereby acknowledged, do hereby Assign, Transfer, and Convey unto Sheradon R. Carter, all of my right, title, and interest in the Ground Lease Agreement dated June 22, 2009, by and between the City of Paris, Texas, and William T. Boothe, a copy of which is attached hereto as Exhibit "A"; together with 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 such lease attached hereto and incorporated here in as Exhibit "A." Executed this day of G 2019. R- 92 92 CR 34770 Paris, TX 75460 J NI GUNN STNo�y�ubAc d� �I�cAS �C My�60- 82020 161138-2019 Pages: 8 ASL AnWun ddl.cm 04mm/22/2019 03:18:33 Ph By: aaherradi Page L of 2 Lul�Sioaseny= Count Clark �lllla��I� II Ill �II�/1/11111 111M Rill 161136-2019 04122/2019 03:18:53 PM Page 2 of 9 ACCEPTANCE, OF ASSIGNMENT I, Sheradon R. Carter, whose mailing address is 161 CR 32252 Sumner, TX 75486, am the Assignee of the Ground Lease Agreement dated June 22, 2009, attached as Exhibit "A." I hereby covenant and agree to assume and accept the obligations and responsibilities of Assignor, Erik R. Zarones, under the Ground Lease Agreement 4trip1ed. hereto as Exhibit "A." SheraD'3 R. Carter 161 CR 32252 Sumner, TX 75486 THE STATE OF TERAS 1 .._ COUNTY OF LAMAR Before me, the undersigned authority, on this day personally appeared Sheradon R. Carter, 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 respective capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OUICE, this 6 day of ^Z2_ 2019. - �, . � JENNIFERp NN � Pub :bLc, State of Texas.. APFRE3VAL..AND ACCEPTAKCRB,Y THE.CITY OF F,ARiS TEXAS, The aforesaid Assignment of Lease is Approved and Accepted by the City of Paris, 15, Texas, on this ther _ day of r 1 2019. A'01 a Go d%Nm City Manager City of Paris, State of Texas AsWpmmtoft.ease Pap2 oft 161136-2019 0412212019 03:18:53 PM Page 3 of 9 BMW 161136-2019 04/2212019 03:18:53 PMI Jim Netson dba nelson n n sa0dh Main met ..Part, TWs 7 o�.M� 903 705.366 i fax aw785-3399 e-rua11: nelsonsurveyhW&udderftI .net Jim Nanson, owner hht rend 8 .L BA Nal�mpn hhe ��red Proreaalan enrtj4C gsillu�@StCM19aoUro W6eo�60� .. M711MMMM Situated within the Limits of the Oily of Pads, County of Lamar, and State of Texas, part of the William Scott S>3ry 008 and be pelt oma csl:ed i6b29Tacfe ingot otWd-Con being veyed to the � of Paris by dead recorded In Vol. 308, Page 287, In the peed Recordst of said County and Siete, said City of Parts 156297 acre tract being known as the Cox Field Airport propeiiy. Beginning at a IN capped (NELSON SURVEYING) Iron pin (s) for corner, said comer being North S802TOS" Best a distance of 2021,87 feet from a VAF iron pit (f) at an el comer of ahsid W of Parts J6MG4 were track Thence North 0°00'332 West a distance of 80.00 feat to a 'W Capped (NELSON SURVEYING) Iron pin (a) for comer, Thence North 69059'20" East a distance of 40.00 feetfo a W Capped (NELSON SURVEYING) Iron pin (s) for comer, Thence South 0.00'33" East a distance of 60.00 feet to a W capped (NELSON SURVEYING) hon pin (s) for comer, said comer being North (POWST West it distance of 6.00 fast them the Northeast comer of the concrete apron on the East We of Hanger A: Thepce South 69°5926° W"t a distance of 40.00 feet to Me place of beginning and containing 0.046 acres of land. 1, J.M. Nelson, RegWa dl Professional Land surveyor of Texas. 04026, ovt[fy to tete CIV of parte and Wiliam BoMe, that the above depicted and deserted that of (and was taken from an actual survey made on the ground and completed by me on the 6th day of February. 2009, and that the Plat, the Reid ' . ben documen nd are to be recorded as one. eg a to a Notes, and a en ene a epM ' jk NeRPtS of T9xas ...... � � � date Page 4 of 9 c , . 161136-2019 04/2212019 03:18:53 PM Page 5 of 9 • Commercial plan Review Comments PARIS, 9 I PLAN REIlIf~W APPitOVEO . ,. REVI&10id8 PEHaJI�lG !SEE BELOW �� BV PROJECT # 2009 OU89 PROJECT Akaafl Hepar ADDRESS 6750 Colder DIM DATE 511212MB PLAN REVIEWER Ken Huft PMEUDESCRIPTION MaWBugding nnsnoFs�arrxctrms�wrzaamwq srfF?tN1AE�E�� �ata�us�tsxs, �[rcwnPNUCNa�avr.�axo�aAoaC►�xt7tr, onettat5tomoco��v►ays;A.00pptaar�ssu� tar�scaanmx�vagtvs, pHoma�eraras�wanr� s�r�uar,S Frf�, ¢TeYes Lfquoliica►uln9 eudPemdtdlegt►11� tlulDugh T11BC & C([y" Orry copy 1000jM0uW3t0a E�(W(�{�`,�. ate: taoo,9asaas� sots WAM (BOCj glum 161136-2019 04/22/2019 03:18:53 PM Page 6 of 9 i a General Comments i. Provlda Enghaered Drawings or Engfneera latter For Meta) bullding and FoundWbn. ( Required by Tem errphreering Act) (COMPLIED 3123) 2 Building Code 2003 IBC 1, MtfOns o� press ' --2003 113C— kessibtlfty Code 2QQ3,l9C & ANSI A117.1.199f3w1 TDLFZ ABAB 1. Provide 7DLR-AB Pr jedRegWered CemOrmetlon Number, Texas Nparhmnl o ticensbrg and Reguragon Arcidteotural larders PmjeciRe W adon required wllh Slats of texas when vaivalan ofparM is>_$BOX (NOT RMUF&D) AvIn s c g5OKare nptrequW fo be registered tyr7b TDLR A9 A onwbo Texas Accas&UW sta *Ak and the mgtm'mnards of Chaptershd cam* Plumbing Code & Fuel Gas Code 2000 IPQ & IFOG 1. �lecfianlcal Code 2ADO IMC i. • Efectilcal Code 2002 IEC ' 1. knew Code ,20D0 IECC Fh i. Code MAY 12 2009 1094 Stendard Flre Prevention Code ' 1. Glans Reviewed Plans not valid without attached review notes 161136-2019 /22/2019 03.18:53 PM Page 7 of m k .�ri ,• fry ...,. r 4 z So $o 4 o r t�!' AAS•!! I& 4A aA 16"1 � j►Ip,'�F�+a'�»ems � ��� �� t�L a I�d� +h �. (I MAY 1 S 2009 , . im Plans Reviewed Pians not valld without attached WSW nOW 161136-2019 2212019 :18:53 PM Page 8 of 9 CONCREM CONTRACTORS INC. 4725 LAMARAVE. PANS. TEXAS 75462 Date 03-785-0430 FAX 903-785.4424 Page .m.� . , , of .w.." ".......w__ Pages Project ,Kr.� ��.� �� r..,.... �..�n_ _ , ......, �.. . 8• • • w p .k ° H t 4 � s�, � a , 1 g • t a , s i i 1 i w. t red" Lx141BIT A A 1 161136-2019 04/2212019 03:18:53 P ge 9 of 9 C.04 2SLAMMA VE AARJSs'[ms7Gds2 Date •,,„, ��;.. �., Q a....,_,_...., ..... 86a85•aM PAX 5b3- 4 i�9�•—;�.''YJt_,�,W„_,opsgse • t •' 1 f t �. w• �. . ..__ .. _�., S ".SAl i — ® .- - mss'®4edFILa • "s CL f n �