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1998-152-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY RESOLUTION NO. 98-152 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 9th day of March, 1998, in Resolution No. 98-032, approve the execution of an assignment of said Lease Agreement to Carter Aircraft Service, Inc.; and, WHEREAS, Delton Wayne Carter, President of Carter Aircraft Service, Inc., has expressed his desire to assign said lease to David Glass, and David Glass has expressed his desire to accept such assignment; and, WHEREAS, the form of the Assignment of Lease from Carter Aircraft Service, Inc. 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 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 Carter Aircraft Service, Inc. to David Glass, 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 Carter Aircraft Service, Inc. to David Glass by signing the same in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 9th day of November, 1998. fikJ ATTEST: ~\) Mattie Cunningham, City Clerk APPROVED AS TO FORM: 5/fitt~ Scott P. Foster, City Attorney ASSIGNMENT OF LEASE STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: CARTER AIRCRAFT SERVICE, INC., by and through its President, Delton Wayne Carter, of Howe, Grayson County, Texas, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by DA VID GLASS of Lamar County, Texas, the receipt and sufficiency of which is hereby acknowledged, does hereby assign, transfer, and convey unto DAVID GLASS 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 its rights, obligations, and responsibilities thereunder, and all of its 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 November, 1998. CARTER AIRCRAFT SERVICE, INC. By: Delton Wayne Carter, President ~.^HiBjT A ACCEPTANCE OF ASSIGNMENT I, DAVID GLASS, 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 and addendum attached hereto as Exhibit B. David Glass STATE OF TEXAS ~ ~ COUNTY OF ~ BEFORE ME, the undersigned authority, on this day personally appeared Delton Wayne Carter, President 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 November, 1998. Notary Public, State of Texas 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 November, 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 November, 1998. Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Scott P. Foster, City Attorney LEJ\SE AGREE~mNT STATE OF TEXAS COUNTY OF LAMAR r X KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its City Manager, ROBERT W. SOKOLL, duly authorized, hereinafter referred to as Lessor, and ROGER ALLEN nOX\vELL, of Lamar County, Texas, hereinafter referred to ,as Lesee, WITNESSETH: For and in consideration of the sum of EIGHTEEN THOUSAND AND NO/lOa ($18,000,00) DOLLARS, payable to the CITY OF PARIS, n municipal corporation, as follows: $150.00 on or before August 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 August, 1982, and ending on the 31st day of July, 2017, I IN CONSIDERATION HEREOF" it is mutually agreed by and . f , 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 subject to all the terms, provision~ 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. EXHIBIT A -_....._-;;>;..07J';T~--.-- , ,4'" .' . i' . I','," 3. That 'Lessee, his successors or assigns, agrees that in the event facilities are constructed maintnl'ned , , 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 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 facilities, (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 excluded 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 of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, ~ , " i' , , 5. That Lessee shall comply with all conditions and requirements established in Deportment 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 nnd 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 G 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 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 1/2Sth of the original cost of said hanger and apron multiplied by the nunmer of complete years remaining 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, 9. That Lessee will take good care of the leased premises and be responsible and make good to Lessor all injuries . '. '. l ~ i",:;: I,,',, . , . . ~ and damages to the same' caused by Lessee or those under him and will deliver same to Lessor at the expiration or term- ination of this lease in as good condition as when completed, usual wenr and tear alone excepted; and Le~see will, upon the expiration of this lease, peaceably yield up to Lessor all and sinr,ular 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 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. 11. That Lessee will not assign this lease or sublet the leased premises or any part thereof without the written consent of Lessor first had and obtained. 12. That Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and all damands, 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 [rom Lessee's, his invitees, agents, servants or employees' use, nnd 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 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 main- tain in full force and effect a policy or policies of insurance , " , , ~ '. < I providing at least $100,000.00 per person'arid $300,000.00 for any sincle occurrence for bodily injury or death and $lO,OOO.O~ 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 port 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 Lessee or his insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish tn said City Clerk n 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 thereof, 13, Lessee will not rent the premises or any part therof 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 dang'erous 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 provisions herein contained, notice thereof shall be given in writing to LEssee by Lessor's Airport Uanager, giving Lessee thirty (30) days to correct such discrepancy, and ',' ..' '''' , , 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 Board on a day certain, shall be given to Lessee by Lessor's Airport ManRger. 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 necessary, 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 below. CITY OF PARIS BY, ~/k~ - Robert W. Sokoll, City Manager ATTEST: ~~~ LESSOR iJ~., (J/tt~~ J:hPtl-(~{( Roger Allen Boxwell LESSEE " . ,i' \ 't 1 "t__... ,,' ;...." , STATE OF TEXAS x.. , COUNTY' OF LAMAR 1 BEFORE ME, the undersigned authority, on this day personally appeared ROBERT W, 50KOLL, 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 there- in stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~t~ day of (( (/ (!it .r;-r ,1982. -- ( t " .' ~ ',,' "~"", L-.6Ct.( k.) Notary P. blic, State of Texas STATE OF TEXAS l COUNTY OF LAHAR 1. 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, GIVE~UNDER MY HAND AND SEAL OF OFFICE, this /rJ v- day OfuIj,/(,,7' , 1982. ~ ~. "f') {,ltC, _ 'a.L/j otar~ Public, tate of Texas ,,'I. ".'. . ,/(HIBIT - B " ' . ELEV. WATER TANK "0 TRACT 2 /100' x 50' ~ )( - ~ "< 1210.51 o TERM INA L\ BUILDING STA. 30+00 III NORTH-SOUTH -t RUNWAY ~ 01 o 1- o o T~~CT 2 FIELD NOTES: . t N NO SCALE Situated about 5~ ~iles East of the City of 'Paris, Lamar County, Texas; being a part of the ~:illiam Scott Survey, Abstract No. 856; 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 F.A.A. Project No. 8-48-0169-01, on file at the Paris City Engineer's Office~ Paris, 7exaSi TEENCE Northerly parallel to said runway, 100.0 feet to a , point for corner; THENCE Westerly perpendicular to said runway, 50.0 feet to a steel rod for corner; TEE~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 ~ade by me. on the ground the 5th day of August, 1982. Reg~~i~or No. 2103 ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED AUGUST 10, 1982, ASSIGNED TO JOHN GANN,III ON March 19, 1987 STATE OF TEXAS ~ ~ 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. That LESSEE agrees to indemnify, 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 Ioca ted ther eon, or herea f ter cons t ruc ted, or II EXHIBIT B :?;;:;}I';T~;::;Ti-!(:}}!;s? . .._-~-(~:;)rr~:{:~:;/}:;::;-?i...... ... . "........, .....~, . , 0/ ,I " " ",.I " any other cond i t ion of the pr em i ses be ing improper ly 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 75460, or furnish to -said City II Clerk a current letter or certificate from such company or , companies, evidencing the fact that such insurance is in full ,'7'l\, \, " , ; .', 1 " 1....:'\ ,', ... " '.. 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 FORB: T. K. Haynes, City Attorney LESSOR 'I Jobn Gann, III LESSEE .' . (~\ I:,:',". \:.....1 , .'~ ' /0 . ,',; \";,1 J.' STATE OF TEXAS ~ ~ 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 this 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 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 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: ,I