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1998-166-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY RESOLUTION NO. 98-166 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 City Council of the City of Paris did heretofore, on the 9th day of November, 1998, in Resolution No. 98-152, approve the execution of an Assignment of Lease to David Glass; 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 David Glass, 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 David Glass, 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 14th day of December, 1998. (i~~~; l Charles H. Neeley, Mayor ATTEST: ~~lb~~~1~Jwmj Mattie Cunningham, CIty Cle APPROVED AS TO FORM: --b'/ - , I ADDENDUM NUMBER TWO TO LEASE AGREEMENT DA TED AUGUST 9, 1982, ASSIGNED TO DA VID GLASS 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 David Glass," is made this 14th day of December, 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 DAVID GLASS, 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 amending the first two un-numbered paragraphs and adding one un-numbered paragraph which will be the third un-numbered paragraph, to read as follows: "For and in consideration of LESSEE increasing, by twenty-five percent (25 %), the size of the hangar as it exists on December 1, 1998, located on the leased premises shown in Exhibit "A", attached hereto, and the sum of Eighteen Thousand And No/lOO Dollars ($18,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $150.00 on or before the 1st 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 hereof; the CITY OF PARIS does hereby lease, rent, and let unto LESSEE that portion of Cox Field property described on Exhibit "A," attached hereto and made a part hereof for all legal purposes. -1- I:XHJBIT A "The term of this lease is for forty-five (45) years, beginning on the 1st day of August, 1983, and ending on the 31st day of July, 2027. "It is further agreed to by LESSOR and LESSEE that LESSEE shall have an option to renew such Lease for a period of TEN (10) years, the rental for the renewal to be based on either $.06 per square foot or the fair market value at the time of the exercising of such option, whichever is greater, payable to the City of Paris, a municipal corporation, as follows: The amount determined at the time of the exercising of the option is payable on or before the 1 st day of August, 2027, with a like payment on or before the 1st day of each month thereafter during the remainder of the term of the option, which ends July 31,2037. The granting of said option is subject to the requirements set forth in paragraph 16." 2. By adding paragraph 16 to read as follows: "16. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of him 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 ofTEN (10) years from and after the expiration hereof, which option may be exercised by LESSEE giving notice, in writing, of his intention to renew said Lease ninety (90) days prior to the expiration of the primary term hereof, and shall be under such terms as previously provided." -2- EXECUTED on this the 14th day of December, 1998. CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Scott P. Foster, City Attorney LESSEE By: David Glass 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 14th day of December, 1998. Notary Public, State of Texas -3- STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared David Glass, 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 December, 1998. Notary Public, State of Texas -4-