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.
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ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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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
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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,
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IN CONSIDERATION HEREOF" it is mutually agreed by and
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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
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3. That 'Lessee, his successors or assigns, agrees
that in the event facilities are constructed maintnl'ned
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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,
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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
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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
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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
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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 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:
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LESSOR
iJ~., (J/tt~~ J:hPtl-(~{(
Roger Allen Boxwell
LESSEE
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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. --
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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.
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otar~ Public, tate of Texas
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ELEV.
WATER
TANK "0
TRACT 2
/100' x 50'
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1210.51
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TERM INA L\
BUILDING
STA. 30+00
III NORTH-SOUTH
-t RUNWAY
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T~~CT 2 FIELD NOTES: .
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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
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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
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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 FORB:
T. K. Haynes, City Attorney
LESSOR
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Jobn 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 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:
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