1998-034-RES WHEREAS, CITY COUNCIL RECEIVED REQUEST FROM TOBY REX
RESOLUTION NO. 98-034
WHEREAS, the City Council of the City of Paris has received a request from Toby Rex
Adams to lease property at Cox Field Airport, Paris, Texas, for the purpose of erecting a building
in which to conduct an aeronautical activity; and,
WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City
of Paris that aeronautical activities for the flying public be encouraged; and,
WHEREAS, the form of, the Lease Agreement, attached hereto as Exhibit A, should, in
all things, be approved, and the City Manager, Michael E. Malone, should be authorized to
execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Lease Agreement attached hereto as Exhibit A be, and the same is hereby, approved;
and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, the thirty-five (35)
year lease with Toby Rex Adams for property located at Cox Field Airport, Paris, Texas, upon
the terms and conditions and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 9th day of March, 1998.
ATTEST:
~o:n~\~~
Mattie Cunningham, City Clerk
TO FORM:
T. K. Haynes, ity Attorney
LEASE AGREEMENT
COUNTY OF LAMAR )
)
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
THIS LEASE AGREEMENT is made this 9th day of March, 1998, 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 Toby Rex
Adams, 3680 Lamar Avenue, Paris, Lamar County, Texas 75462, hereinafter referred to as
LESSEE.
WITNESSETH
For and in consideration of the construction of hangar at Cox Field Airport, in accordance
with plans and specifications approved by the City Engineer of the City of Paris, the CITY OF
PARIS does hereby lease, rent and let unto Toby Rex Adams, a lot fronting 120 feet of the north
side of the proposed extension of East-West Taxi-way which will eventually terminal at FM 1508,
said lot being a 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 1st Day of April,
1998, and ending on the 31st day of March, 2033.
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 in
the sum of THIRTY-TWO THOUSAND FOUR HUNDRED AND NOnOO DOLLARS
($32,400.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $270.00 on
or before March 1, 2033, with a like payment on or before the 1st day of each month thereafter
during the remainder of the term of the first option, which ends March 31, 2043. The granting
of said first option is subject to the requirements set forth in paragraph 18.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have a second option
the 1st day of March, 2043, with a like payment on or before the 1st day of each month thereafter
during the remainder of the term of the second option, which ends March 31,2053. The granting
of said second option is subject to the requirements set forth in paragraph 18.
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 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 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.
4. That LESSEE, his successors or assigns, agrees that (I) no person, on the grounds
of race, color or national origin, shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the construction
of any improvements on, 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,
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 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 that portion of such premises in their possessions for private
hangar space and for aeronautical activities for which they hold permits 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
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
condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the
expiration of this Lease, peaceably yield up to LESSOR all and singular the premises and all future
erections, additions or repairs to or upon same, in good repair, including but not limited to hangar
buildings, storage buildings, permanent installation of equipment and fixtures, and fences.
10. That all improvements made upon the said premises by LESSEE, or at his instance
or request, shall at once become the property of LESSOR and shall be surrendered to LESSOR
at the termination or expiration of this Lease.
11. 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.
12. That LESSEE, with the consent of LESSOR, in writing, first had and obtained, 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.
13. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from
and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind
and character whatsoever for damage or injuries to persons and/or property occurring on the
leased premises resulting from LESSEE's, his invitees, agents, servants or 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 constructed, or any other condition of the
premises being improperly constructed, maintained or being or becoming out of repair; LESSEE
hereby waives any defects therein and agree 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 extensions hereof, keep and maintain, in full force and effect, a policy or policies of
insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence
for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction
I, ,,' .
shall and must be written and issued by a reputable 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 to the
City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City
Clerk a current letter or certificate from such company or companies, evidencing the fact that such
insurance is in full force and effect at all times during this Lease, and any extension 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.
14. 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 them for that specific purpose.
15. 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.
16. 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 default, failure or refusal is not corrected within said thirty
(30) day period, a second notice, in writing, by certified mail, affording a hearing before the
Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airport
Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend
to the City Council that the Lease continue or be terminated, and thereafter the City Council shall
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 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.
18. In the event LESSEE shall keep each and every agreement contained herein and do
and perform all the obligations required of them hereunder during the primary term of this Lease,
an option is hereby given and granted to LESSEE to renew and extend this Lease for a period of
TEN (10) years from and after the expiration of this agreement, which option may be exercised
by LESSEE giving notice, in writing, of their intention to renew said lease ninety (90) days prior
to the expiration of the primary term of the Lease, and shall be under such terms as previously
provided.
Further, in the event LESSEE shall keep each and every agreement contained herein and
do and perform all the obligations required of them hereunder during the first option of this Lease,
a second option is hereby given and granted to LESSEE to renew and extend this Lease for a
period of TEN (10) years from and after the expiration of said first option, which second option
may be exercised by LESSEE giving notice, in writing, of their intention to renew said lease
ninety (90) days prior to the expiration of the first option of the Lease, and shall be under such
terms as previously provided.
19. In the event of a termination of this Lease by the City of Paris, as permitted herein
during the primary term of said Lease, the City of Paris will be obligated to pay to LESSEE
1/35th of the original cost of said hangar and apron, multiplied by the number of years remaining
in the primary term of this Lease, which ends March 31, 2033. In the alternative, in lieu of
payment for termination during the primary 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
space for TEN (10) years for THIRTY-TWO THOUSAND FOUR HUNDRED AND NO/lOO
DOLLARS ($32,400.00), payable as aforesaid.
In the event that final termination of said Lease occurs during the second option, there shall
be no payment due LESSEE. However, the City of Paris may agree to give LESSEE hangar space
of equal quality, size and usefulness, and LESSEE are granted the right to lease such substitute
space for TEN (10) years, at a rental rate to be based on either $.06 per square foot or the fair
market value at the time of the exercising of the option, whichever is greater.
20. 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 acknowledgments below.
CITY OF PARIS, PARIS, TEXAS,
LESSOR:
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSEE
Toby Rex Adams
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Michael E.
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Toby Rex
Adams, 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 the _ day of March,
1998.
Notary Public, State of Texas
l"
.
N 89'11'10" E
210,04'
\AI
~
gitJ
. l'l
~~
~<<
o
:t
1. 111 ACRES
.
o.
0'"
. ...
~o:i
:-~
o
1/1
P.O.D.
SCALE: 1". 60'
S 86'07'00" Vi
210,00'
FIELD NOTES
Being all that certain tract of land situated about 6.25
miles Southeast of the City of Paris, Lamar County, Texas, a part
of the H.B. Davis Survey, Abstract No. 255 and a part of the same
land described in deed 'from the United states of America to the
City of Paris, recorded in Volume 308, Page 287 of the Lamar
County Deed Records, and being further described as follows:
Commencing at a point 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;
Thence North 53 Degrees, 54 Minutes, 20 Seconds East a
distance of 1164.48 feet to an iron pin set at the Southeast
corner of this tract;
Thence South 88 Degrees, 07 Minutes West a distance of
210.00 feet to an iron pin set for corner;
Thence North 1 Degree, 53 Minutes West a distance of 232.33
feet to an iron pin set for corner;
Thence North 89 Degrees, 11 Minutes, 10 Seconds East a
distance of 210.04 feet to an iron pin set for cornerj
Thence South 1 Degree, 53 Minutes East a distanc'e of 228.41
feet to the place of beginning, and containing 1.111 acres of
land.
I, R. Brandon Chaney, Registered Professional Land Surveyor
No. 4057, State of Texas, certify that the above plat and Field
Notes depict and represent an actual Survey made on the 9J&Q "
under f.!. supervision and finished ",t-i~.~.~,!.o:[
_ / L'.. r::2.. '. '1998 c, ...~~!\S~I, ff(~.'J.n
1... 0 l =....> " · '<, 1i ":0 .v'
oL .' ~ ", '. .1.
JIll' . , . -"1"
...\.................:...
.~~. ~.~~.~~.~~..~I:~~~.~.!J
--~ ' y
" ..1;";,, :::,".
,-: : i: <~., ':J~\\I~,. ", '
,~
.'
, ,"
"\
I
,..
~
70 8 Y f) [)/1/f} 5 '..
, ~
AD[os[fJ IIIlNGfl. - WX F;ELIJ
H/7NGU /JUR - 5DFJ.W1Dt X ~O Ff: /)([J
H ANGEl:, Doc k - 5J (i. u) IDE X I ~'F} II /G;I
iE. fIN-70 /JREI1 '- d S F1 W J DO !oO rr j)c&JJ
70 fJ ;/;EtJ.J
)1ok. Poen:'l
I I ,/\
$I) X Il~ HANGEr! J.)oo~
... ...,_. ...-..--..,....-..---.-,-.-...-----..-..-----..-.-.-....-...-..--.----..-------
'.... ,.---...-..-- -
\-I
HI
I
I
I
I
I
I
~
i
I
H
I
i
I
!
I
I
~
I
I
!
1<:
HI ~
,\)
,\
l
/J wI. /Orl
9'tI /Jool?
I .-- -----.r- --\ ...-
t
I
!
\
I
I
~
i
I
I
I..J
..j
I CJ:
11
k
\\
I ~~
,\"
! 'J
~ I
\
i
,
I
,
rI.
I
I
I
I
I
I
j 1
I ~---.__..-.-._.- SDri.
) I (- J.~ 6-----> I
'{I
:
". .
"
jl
~
a:
~
('
.'
'1
I
1<\
....
\.5),
-
)1
\~
0)
!'
I
\ ~
-* ).
...... ,
\
..
<:)
"-
><.
-
ri
-..
.
-
l'
I
lJ
o
-
tI)
l-
IV\!)
.\J1f:
tI
cfi
i
ct
o
Q
Q
l'
I
I
I
I
~
~\
\, -.
~
ll..
~ I~
")
,
CJ
{t
V'
~ \...:
\Ij Il
~ ~
..\(
V
,/I &
llJ
~
.') ,
-
I
Cl
ex: ~
\lJ -4( "
-.I:
nJ,(} \"
l..J' 0 'J)
',,) C) ''\,
() "
1