1998-033-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY
RESOLUTION NO. 98-033
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
August, 1982, in Resolution No. 2196, authorize the execution of a Lease Agreement with Roger
Allen Boxwell for property at Cox Field Airport for a term of thirty-five (35) years, beginning
August 1, 1982, and ending July 31, 2017; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of April,
1987, in Resolution No. 87-041, approve the execution of an assignment of said Lease Agreement
to John Gann, III; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of June,
1991, in Resolution No. 91-049, authorize the execution of Addendum Number One to said Lease
Agreement; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of March,
1998, in Resolution No. 98-032, approve the execution of an Assignment of Lease to Carter
Aircraft Service, Inc.; and,
WHEREAS, the terms of the Lease Agreement are in need of revision; and,
WHEREAS, the form of Addendum Number Two to Lease Agreement dated August 9,
1982, assigned to Carter Aircraft Service, Inc., 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 Addendum Number Two to Lease Agreement dated August 9, 1982, assigned to Carter
Aircraft Service, Inc., 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, Addendum Number
Two to said Lease Agreement, under the terms and conditions and in the form shown in Exhibit
A, attached hereto.
PASSED AND ADOPTED this 9th day of March, 1998.
"
ATTEST:
Mattie Cunningham, City Clerk
APPROVED ArTO FORM:
f / / /
ADDENDUM NUMBER TWO TO LEASE AGREEMENT
DATED AUGUST 9~ 1982, ASSIGNED TO
CARTER AIRCRAFT SERVICE, INC.
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
That this Addendum Number Two to Lease Agreement dated August 9, 1982, assigned to
Carter Aircraft Service, Inc., is made this 9th day of March, 1998, by and between the CITY OF
PARIS, PARIS, TEXAS, acting by and through its City Manager, Michael E. Malone, duly
authorized, hereinafter called LESSOR, and CARTER AIRCRAFT SERVICE, INC., acting by
and through its President, Delton Wayne Carter, duly authorized, hereinafter called LESSEE.
WITNESSETH
It is hereby mutually agreed by LESSOR and LESSEE that the above described Lease
Agreement be amended as follows:
1. By adding two un-numbered paragraphs which will be the fourth and fifth un-numbered
paragraphs, to read as follows:
"It is further agreed to by LESSOR and LESSEE that LESSEE shall have
the option to renew such Lease for an additional period of FIVE (5) years, the
rental for the renewal to be in the sum of EIGHTEEN THOUSAND AND NO/lOO
DOLLARS ($18,000.00), payable to the CITY OF PARIS, a municipal
corporation, as follows: $300.00 on or before the I st day of August, 2017 , with
a like payment on or before the 1 st day of each month thereafter during the
remainder of the term of the first option, which ends August 1, 2022. The granting
of said first option is subject to the requirements set forth in paragraph 16 a.
"It is further agreed to by LESSOR and LESSEE that LESSEE shall have
a second option to renew such Lease for a period of FIVE (5) years, the rental for
the second renewal to be based on either $.06 per square foot or the fair market
value at the time of the exercising of such second ootion, whichever is QIeater.
which ends July 31, 2027. The granting of said second option is subject to the
requirements set forth in paragraph 16(b)."
2. By adding paragraphs 16(a) and 16(b) to read as follows:
"16 (a). 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.
"16(b). 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."
EXECUTED on this the 9th day of March, 1998.
CITY OF PARIS, PARIS, TEXAS
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
ATTEST:
Susan Jane Carter, Secretary
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, 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 9th day of March, 1998.
Notary Public, State of Texas
STATE OF TEXAS
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COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Delton Wayne
Carter, President of Carter Aircraft Service, Inc., 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 _ day of March, 1998.
Notary Public, State of Texas