07-C Mark Buster Lease Assignment
DRAFT
F:A TTORNEY\RESWORK\CURRENT\ Mark Buster Assign Lease Res
January 4, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
ASSIGNMENT OF LEASE BETWEEN MARK BUSTER AND THE CITY OF
PARIS FOR PROPERTY AT COX FIELD AIRPORT TO AIR DIRECT, LLC;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of October,
1995, in Resolution No. 113, authorize the execution of a Lease Agreement with Mark Buster for
property at Cox Field Airport for a term of Thirty-Five (35) years, beginning October 15, 1995, and
ending October 14, 2030; and,
WHEREAS, Mark Buster has expressed his desire to assign said lease to Air Direct, LLC,
and David Jones, Managing Member of Air Direct, LLC, has expressed his desire to accept such
assignment; and,
WHEREAS, the form of the Assignment of Lease from Mark Buster to Air Direct, LLC,
attached hereto as Exhibit A, should, in all things be approved, and the 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 Mark Buster to Air Direct, LLC,
attached hereto as Exhibit A, for property at Cox Field Airport, be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
acknowledge approval, on behalf of the City of Paris, of the Assignment of Lease from Mark Buster
to Air Direct, LLC by signing the same in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 9th day of January, 2006.
Curtis Fendley, Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
ASSIGNMENT OF LEASE
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
I, Mark Buster, 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 Air Direct, LLC of Lamar County, Texas, the receipt and sufficiency of which is
hereby acknowledged, do hereby assign, transfer, and convey unto Air Direct, LLC that portion
of Cox Field Airport shown on Exhibit A to the Lease Agreement dated October 9, 1995, by and
between the City of Paris, Paris, Texas, and Mark Buster, 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 January, 2006.
Mark Buster
ACCEPTANCE OF ASSIGNMENT
I, David Jones, Managing Member of Air Direct, LLC, 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.
David Jones, Managing Member
Air Direct, LLC
EXHIBIT A..
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STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Mark Buster,
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 January, 2006.
Notary Public, State of Texas
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared David Jones,
Managing Member of Air Direct, LLC, 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 January, 2006.
Notary Public, State of Texas
The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas, on this
the 9th day of January, 2006.
Tony N. Williams, City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
^'--.,-. .....-'~'-r
LEASE AGREEMENT
COUNTY OF LAMAR
STATE OF TEXAS
THIS LEASE AGREEMENT is made this 9th day of October, 1995, by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City
Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and MARK
BUSTER, P. O. Box 2219, Sulphur Springs, Texas, hereinafter referred to as LESSEE.
KNOW ALL MEN BY THESE PRESENTS:
WITNESSETH
For and in consideration of the payment of the sum of THIRTY THOUSAND AND
NOnOO DOLLARS ($30,000.00), payable to the CITY OF PARIS, a municipal corporation,
as follows: $250.00 on or before October 15, 2020, with a like payment on or before theist
day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS
does hereby lease, rent and let unto MARK BUSTER, that portion of Cox Field property
described in 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 15th day of
October, 1995, and ending on the 14th day of October, 2030.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an additional period of TEN (10) years, the rental for the renewal to be
based on the fair market value at the time of renewal, being October 15, 2030.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1.
That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default and delay.
2. That this Lease is subject to all the terms, provisions and conditions of the deed
of conveyance of such premises from the United States of America to the City of Paris, recorded
in Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for
all purposes.
3. That LESSEE, his successors or assigns, 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
Lea~e Acreement - p3ge I
EXHIBIT .A
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another purpose involving the ]:!rovision of similar servic~s or benefits, the LESSEE shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary I 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 amended.
4. That LESSEE, his successors or assigns, agrees that (i) no person, on the grounds
of racc, color or national origin, shall be excludcd from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the
construction of any improvements on, over, or under such land and the furnishing of services
thereon, no person, on the grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the
LESSEE shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Departmcnt 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 rcquirements established in
Department of Transportation, Federal Aviation Administration, Grant Agreements No. 8-48-
0169-02 and No. 6-48-0169-03.
6. That LESSEE will abide by and comply with all rules, regulations, ordinances and
laws pertaining to the use of the airport located at Cox Field, including but not limited to the
City of Paris Airport, Manual and Federal Aviation Administration rules and regulations
pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances
of the City of Paris and all laws of the State of Texas governing citizens and property within the
City of Paris.
7. That LESSEE will use that portion of such premises in his possession for private
hangar space, for aeronautical activities for which he holds 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.
Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be
Lea~e A!!reement - page 2
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permitted to sublease any or all portions of the premises described in Attached Exhibit "A" for
private hangar space and for aeronautical activities for which sublessee holds a permit issued by
the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of the
City of Paris.
8. That, if in the course of using such premises for the permitted purposes, LESSEE
desires to build, at his own expense, a hangar building 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 floor plan described in Exhibit B, attached hereto and
made a part hereof for all legal purposes, and such structure 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
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 and apron,
multiplied by the number of years remaining in the first TWENTY-FIVE (25) years of this
Lease, which ends October 14, 2020. 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. 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 THIRTY THOUSAND AND NO/lOO DOLLARS
($30,000.00), payable as aforesaid, and an additional option term of TEN (10) years, at a rental
rate to be based on fair market value as aforesaid. In the event that LESSOR terminates the
Lease, LESSOR will make available any other suitable hanger space at the termination of any
existing Lease to LESSEE at fair market value rent.
9. That LESSEE will take good care of the leased premises and be responsible and
make good to LESSOR all injuries and damages to the same caused by LESSEE or those under
him and will deliver same to LESSOR at the expiration or termination of this Lease in as good
Lea~e AL'I"eement - page 3
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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 li~ited
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 premiscs, and every part thereof, at all times for the purpose of inspecting and examining
the condition thereof.
II. That LESSEE, with the consent of LESSOR, in writing, first had and obtaincd,
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, liabilitics, 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 prcmises resulting from LESSEE's, his invitees, agents, servants or employee's use,
and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors
due to the improvements located thereon, or hereafter constructcd, or any othcr 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 Lease,
and any cxtensions hereof, keep and maintain, in full force and effect, a policy or policics of
insurancc, providing at least 5250,000.00 per person and $500,000.00 for any single occurrence
for bodily injury or dcath and $100,000.00 for any single occurrence for injury to or destruction
of property, indemnifying all persons for any and all damages, personal injuries or property
damages sustained in or upon the premises of said leased property, or any part thereof, as the
result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay
all premiums due thereon when due. It is expressly provided that such insurance policy or
policies shall and must be written and issued by a reputablc insurance company or companies,
with LESSOR as an additional insured, 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
ua~e A!!I'eement - page 4
to the City Clerk of the City of Paris, ISO I sl Street S.E., Paris, Tcxas 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
hereof, 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 permit the use of, said premises, or any part
thereof, for any purpose which is determined dangerous or hazardous to the airport operation
by Airport Manager.
15. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in
writing to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct
such discrepancy, and, in the event such dcfault, 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 bc given to LESSEE by LESSOR's Airport
Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend
to the City Council that the Lease continue or be terminated, and thereafter the City Council
shall take such action as it deems necessary.
16. That the LESSOR may, at its option, terminate this Lease as to the entire tract,
or any part thereof, which may be necessary, in the event the LESSOR desires to use 'the
property, or any portion thereof, for necessary municipal functions, such as extension of
runways or erection of other airport facilities. In the event of either of the above contingencies,
the LESSOR shall give the LESSEE ninety (90) days notice, in writing, of its intention to so
utilize the tract, or any portion thereof, for the above specified purposes. In the event of either
Lea~e A!!reemenl - page 5
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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:
ATTEST:
APPROVED AS TO FORM:
ka:J
LESSEE ..,;
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t>lark Buster' ~
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, Paris, Texas, 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 .9.Ji,day of October,
1995.
RM~.jfAM,W
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF ko.fY\[Vv
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BEFORE ME, the undersigned authority, on this day personally appeared MARK
BUSTER, 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.
Len.~e Al'I'eement - page 6
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1995.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the q\S day of October,
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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 William Scott Survey, Abstract No. 856 and a part of
the same land described in deed from the United Stales of America to the City of Paris, recorded
in Volume 308, Page 287, Lamar County Deed Records and being further described as follows:
Commencing at an iron pin for corner 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;
TI1ence North 59 Degrees. 47 Minutes, 20 Seconds East a distance of 1485.88 feet to an
iron pin set at the Southwest corner of this tract;
Thence North 1 Degree, 39 Minutes, 20 Seconds West a distance of 80.0 feet to an iron
pin set for corner;
Thence North 88 Degrees, 20 Minutes, 40 Seconds East a distance of 80.0 feet to an
iron pin set for corner;
Thence South 1 Degree, 39 Minutes, 20 Seconds East a distance of 80.0 feet to an iron
pin set for corner; ,
Thence South 88 Degrees, 20 Minutes, 40 Seconds West a distance of 80.0 feet to the
place of beginning and containing 0.147 acre of land.
I, R Brandon Ch'aney, Registered Professionnl Land Surveyor, No. 4057, Sta'te of
Texas, certify that the above Plat and Field Notes depict and r~eesent an actual Survey made
on the ground under my supervision and finished 5 C r/ . l / 1995.
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-.::'R. Brandon Chaney, RP.L.S. No.
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME~ the uridersigned 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 acknowledge to me that he executed same
for the purpose and consideration there,in expressed. II f r;' l-
. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this . ( day of p"
AD. 1995. 1/
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EXH /13/1 A
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December 13, 2005
City of Paris
c/o Janice Ellis
PO Box 9037
Paris, TX 75461-9037
Dear City Council,
MARK BUSTER
PO BOX 6399
PARIS, TX 75461
903/783-1189
I hereby request a "Transfer of Lease" of my hanger space at Cox Field to:
Air Direct, LLC
3850 FM 2648
Powderly, TX 75473
The building will be used to store aircraft.
1R~;(~
Mark Buster
Received
DEe 1 5 2005
C!!y. of Paris
CIty Clerk