1998-032-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY
RESOLUTION NO. 98-032
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, John Gann, III has expressed his desire to assign said lease to Carter Aircraft
Service, Inc., and Carter Aircraft Service, Inc. has expressed its desire to accept such assignment;
and,
WHEREAS, the form of the Assignment of Lease from John Gann, III 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 acknowledge approval of said assignment
by signing the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Assignment of Lease from John Gann, III to Carter Aircraft Service, Inc., attached
hereto as Exhibit A, for property at Cox Field Airport, 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 acknowledge approval, on behalf of the City of Paris, of the
Assignment of Lease from John Gann, III to Carter Aircraft Service, Inc. by signing the same in
the form shown in Exhibit A, attached hereto.
ATTEST:
Mattie Cunningham, City Clerk
ASSIGNMENT OF LEASE
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS:
I, JOHN GANN, III, of Paris, Lamar County, Texas, for and in consideration of the sum
of TEN AND NOIlOO DOLLARS ($10.00) and other good and valuable consideration to me in
hand paid by CARTER AIRCRAFT SERVICE, INC. of Lamar County, Texas, the receipt and
sufficiency of which is hereby acknowledged, do hereby assign, transfer, and convey unto
CARTER AIRCRAFT SERVICE, INC. that portion of Cox Field Airport shown on Exhibit A to
the Lease Agreement dated March 19, 1987, by and between the City of Paris, Paris, Texas, and
John Gann, III, a copy of which is attached hereto as Exhibit A, together will all of my rights,
obligations, and responsibilities thereunder, and all of my rights, obligations, and responsibilities
under Addendum Number One to said Lease Agreement, a copy of which is attached hereto as
Exhibit B.
To have and to hold the described property for and during the remainder of the term of said
lease attached hereto as Exhibit A and said addendum attached hereto as Exhibit B.
EXECUTED this 9th day of March, 1998.
John Gann, III
ACCEPTANCE OF ASSIGNMENT
CARTER AIRCRAFT SERVICE, INC., acting by and through its President, Delton
Wayne Carter, duly authorized, Assignee in the above assignment, does 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 and addendum attached hereto as Exhibit
B.
CARTER AIRCRAFT SERVICE, INC.
By:
Delton Wayne Carter, President
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared JOHN GANN,
III, 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 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
The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas, on this
the 9th day of March, 1998.
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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LEf\SE AGREE~mNT
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
municipal corporation, acting by and through its City Manager,
ROBERT W. SOKOLL, duly authorized, hereinafter referred to as
LEASE AGREEMENT BETWEEN the CITY OF PARIS a
,
Les s or, and ROGER ALLEN BOXlJELL, ofLamar Coun ty I Texas,
hereinafter referred to .as Lcsee;WITNESSETH:
For and in consideration of the sum of EIGHTEEN
THOUSAND AND NO/lOa ($18,000,00) DOLLARS, payable to the
CI~ DF PARIS, a munidipal corporation, as foll~s: $150.00
on or before ~gust 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 ~gust. 1982, and ending on the
31st day of July, 2017,
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IN CONSIDERATION HEREOF" it is mutually agreed by anel
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 subj ect to all the terms, provision,c;
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.
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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 anu 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,Transportntion- 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 fncilities, (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 ~xcluded 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
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5. That Lessee shall comply with all conditions and
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 des,ired 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 i.n 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 nunilier of complete
yearsremain'ing 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.
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providing at least $100,000.00 per person'.and $300,000.00
for any sinele Occurrence for bodily injury or death and
$lO,OOO.O~ for any single occurrence ,foi injury to or
destruction of property, indemnifying all persons for any
and all damages, personal injuri6s or property damages
sustained in or upon the premises of said leased property,
, or any part thereof, as the result of the negligenc~ 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 Lesiee or his
insurance carrier or carriers shall deliver a copy of
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 unde'I 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 dang~rous 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
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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 80ard 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 netessary, 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 belay].
CITY OF PARIS
BY: ~JkJ~
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STATE OF TEXAS x.. .
COUNTY' OF LAMAR 1
BEFORE HE, 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 instr~ent. 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 HAND AND SEAL OF OFFICE this -fitlv
day of ~l{ .r;-r I 1982, , '
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Notary R blic, State of Texas
STATE OF TEXAS r
COUNTY OF LAHAR r.
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,
GIVEN UNDER MY HAND AND SEAL OF OFFICE" this It; '0---
day of ~({J . 1982,
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otary Pu ic, State of Texas
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\ )HIBIT - B
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TERMINALI
BUILDING
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TRACT 2
/100' x 50.
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1210.5'
NO SCALE
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STA. 30+00
(J) NORTH-SOUTH
~ RUNWAY
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TR~CT 2 FIELD NOTES: .
Situated about 5~ rr.iles East of the City of 'paris, Lamar
County, Texas; being a part of the ~;illiam Scott Survey, Abstract
No. 8~6i and being a part of the Cox Field Airport facility
, property;
BEG!NNING at a point for corner, said point being 1210.5
feet right ,of Westerly from ~orth-South runway Station 25+12.6,
as shown on P.A.A. Project No. 8-48-0169-011 on file at the
Paris City Engineer's Office~ Paris, ?exasi
TEENCE Northerly parallel to said runway, 100.0 feet to a
, point for corneri
THENCE Westerly perpendicular to said runway, 50.0 feet to
a steel rod for corner;
TF.E~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 cor~ectly represent a survey made by me. on the
ground the 5th day of August, 1982.
.~~~.
Registered Pub11C S
2103
ADDENDUM NUMBER ONE TO LEASE, AGREEMENT
DATED AUGUST 10, 1982, ASSIGNED TO
JOHN GANN,III ON March 19, 1987
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS tha t th is Addend um to
Lease Agreement, made this 10th day of June, 1991, by and
b~tween John Gann, III, hereinafter called LESSEE, and the
City of Paris, Paris, Texas, acting by and through its Acting
Mayor, Billy Joe Burnett, duly authorized,' hereinafter called
LESSOR,
WITNESSETH:
It is hereby mutually agreed by LESSEE and LESSOR, that
the following paragraphs be amended to read as follows:
12. Tha t LESSEE agrees to ind emn i [y, save, keep and
hold harmless LESSOR from and aga ins t 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
employees' use, and LESSOR shall not be liable to LESSEE, his
invitees, agents, servants, employees or visitors due to the
improvements loca ted ther eon, or herea f ter cons t ruc ted, or
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EXHIBIT B
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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
or injuries, and LESSEE must at all times during the term of
this agreement, and any extensions thereof, 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 of property, indemnifying all persons for any and
all damages, personal injuries or property damages sustained
in or upon the premises of sa~d 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 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
S.E. Street, Paris, Texas 75L160, or furnish to said City
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Clerk a current letter or certificate from such company or
. companies, evidencing the fact that such insurance is in full
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force and effect at all times during this lease and any
extension thereof 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.
Executed on the 10th day of June, 1991.
CITY OF PARIS
By:
Billy Joe Burnett, Acting Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORtI:
T. K. Haynes, City Attorney
LESSOR
II
John Gann, III
LESSEE
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STATE OF TEXAS ~
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COUNTY OF LAMAR 5
BEFORE ME, the undersigned authority on this date
. personally appeared John Gann, III, 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 th is day
of June, 1991.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS ~
5
COUNTY OF LAr~R ~
BEFORE ME, the undersigned authority, on this day
personally appeared Billy Joe Burnett, Acting Mayor of the City or
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 consid-
eration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this' 10th day of
June, 1991.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
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