2006-053-RES-Billy W. Winters & Donna J. Winters -Cox Field
RESOLUTION NO. 2006-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND ACCEPTING AN ASSIGNMENT OF
THE LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND BILLY
W. WINTERS AND DONNAJ. WINTERS FOR PROPERTY AT COX FIELD
AIRPORT TO ANDY FASKEN; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of
February, 1996, in Resolution No. 96-012, authorize the execution of a Lease Agreement with Billy
W. Winters and Donna 1. Winters for property at Cox Field Airport for a term of thirty-five (35)
years, beginning March 1, 1996, and ending February 28, 2031; and,
WHEREAS, Billy W. Winters has expressed his desire to assign said lease to Andy Fasken,
and Andy Fasken has expressed his desire to accept such assignment; and,
WHEREAS, the form of the Assignment of Lease from Billy W. Winters and Donna 1.
Winters to Andy Fasken, attached hereto as Exhibit A, should, in all things be approved, and the City
Manager 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, PRIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the form of the Assignment of Lease from Billy W. Winters and Donna
1. Winters to Andy Fasken, attached hereto as Exhibit A, for property at Cox Field Airport, be, and
the same is hereby, approved; and,
Section 3. That the City Manager be, and he is hereby, authorized and directed to
acknowledge approval, on behalf of the City of Paris, of the Assignment of Lease from Billy W.
Winters and Donna 1. Winters to Andy Fasken by signing the same in the form shown in Exhibit A,
attached hereto.
Section 4. That this resolution will be effective from and after its date of passage.
PASSED AND ADOPTED this 27th day of March, 209&:-.'.\. '.. ..c ..... . ".'
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Curtis Pendle , )
ATTEST:
Q
ice Ellis, City Clerk
APPROVED AS TO FORM:
;-J. c1e~
D. Lestock, Assistant City Attorney
ASSIGNMENT OF LEASE
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS:
We, Billy W. Winters and Donna J. Winters, of Paris, Lamar County, Texas, for and in
consideration of the sum of TEN AND NO/IOO DOLLARS ($10.00) and other good and
valuable consideration to us in hand paid by Andy Fasken of Lamar County, Texas, the receipt
and sufficiency of which is hereby acknowledged, do hereby assign, transfer, and convey unto
Andy Fasken that portion of Cox Field Airport shown on Exhibit A to the Lease Agreement
dated February 12, 1996, by and between the City of Paris, Paris, Texas, and Billy W. Winters
and Donna J. Winters, a copy of which is attached hereto as Exhibit A, together will all of our
rights, obligations, and responsibilities thereunder.
To have and to hold the described property for and during the remainder of the term of
said lease attached hereto as Exhibit A.
EXECUTED this _ day of , 2006.
Billy W. Winters
Donna J. Winters
ACCEPTANCE OF ASSIGNMENT
I, Andy Fasken, 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.
Andy Fasken
EXHIBIT A.
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Billy W. Winters
and Donna J. Winters, known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of ,2006.
Notary Public, State of Texas
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Andy Fasken,
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
2006.
Notary Public, State of Texas
The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas, on this
the 27th day of March, 2006.
Tony N. Williams, City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
John D. Lestock, Assistant City Attorney
FIRST AMENDED
LEASE AGREEMENT
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
ST ATE OF TEXAS
TIllS LEASE AGREEMENT is made this 12th day of Februal)', 1996, by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City
Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and BILLY
W. WINTERS and DONNA J. WINTERS, IS25 F.M. Road 195, Pads, Lamar County, Texas,
hereinafter referred to as LESSEES.
WITNESSETH
For and in consideration of the construction of hangar at Cox Field Airport, the CITY
OF PARIS does hereby lease, rent and let unto BILLY W. WINTERS and DONNA 1.
WINTERS, that portion of Cox field property described in Exhibit 11 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
March, 1996, and ending on the 28th day of February, 2031.
It is further agreed to by'LESSOR and LESSEES that LESSEES shaii have the option
to renew such Lease for an additional period of TEN (10) years, the rental for the renewal to
be in the sum of THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS
($33,600.00), payable to the CITY Of PARIS, a municipal corporation, as follows: $280.00
on or before March I, 2031, with a like payment on or before the 1st day of each month
thereafter uuring the remainder of the term of the first option, which ends February 28, 2041.
The granting of said first option is subject to the requirements set forth in paragraph 18.
It is further agreed to by LESSOR and LESSEES that LESSEES shall have a second
option to renew such Lease for a periou of TEN (10) years, the rental for the second renewal
to be baseu UI1 either $.06 per square loot or the rair rnarU value at the time ut the exercising
of such second 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 second
option is payable on ur before the I st day of March, 2041, with a like payment on or before the
I st day of each month thereafter during the remainder of the term of the second option, which
Lcase ACl'ccllIcnt . page I
EXHIBIT A
ends Febl1lary 28, 2051. The granting of said second option is subject to the requirements set
forth in paragraph 18.
IN CONSIDERA nON HEREOF, it is mutually agreed by and between LESSOR and
LESSEES:
I. That LESSEES pay to LESSOR, or order, at the City I-Iall in the City of Paris,
the agreed rental in advance, promptly and without neglect, default and delay.
2. That this Lease is subject to all the terms, provisions amI 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.
3. That LESSEES, their successors or assigns, agree 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 serviccs or benefits, the LESSEES 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 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.
4. That LESSEES, their successors or assigns, agree that (i) no person, on the
grounds of race, color or national origin, shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in
the construction of any improvements on, over, or under such land and the furnishing of services
thereon, no person, un the grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of. or otherw.!se be subjected to discrimination; (iii) that the
LESSEES shall use the premises in compliance with all other requirements imposeu by or
pursuant to Title 49, Code of Federal Regulations, Dcpartment of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the
Departmcnt of Transportation-Effcctuation of Title VI of the Civil Rights Act of 1964, anu as
said Regulations may be amended.
Lease Agrrrrnent - page 2
5. That LESSEES shall comply with all conditions and requirements established in
Dcpartmcnt of Transportation, Fedcral Aviation Administration, Grant Agrccmcnts No. 8-48-
0169-02 and No. 6-48-0169-03.
6. That LESSEES 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
pcrtaining 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 anu properly within the
City of Paris.
7. That LESSEES will use that portion of such premises in their possessions for
private hangar space and for aeronautical activities for which they hold permits issued by the
City of Paris in accordancc with Article Il of Chapter 6 of the Code of Ordinances of the City
of Paris. Further, it is hereby agreed by and between LESSOR and LESSEES that LESSEES
shall be permitted to sublease any or all portions of the premises described in attached Exhibit
II A II for private hangar space and for aeronautical activities for which sublessee holds a permit
issueu 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,
LESSEES desire to build, at their own expense, a hangar building and apron in pursuit of such
uses, LESSEES will be so permitted upon application and approval for building permit or
permits from the City of Paris, of all steel construction, similar in appearance and construction
to the existing enclosed hangars in accordance with the 0001' plan described in Exhibit 13,
attached hereto and made a part hereof for all legal purposes, and such structure will not violate
any of the rules or regulations of the City of Paris or the Federal Aviation Administration. It
being agreed and understood that LESSEES shall be responsible for electric utilities furnished
10 Ihe hangar building during the term of this Lease.
9. That LESSEES will take good care of the leased premises and be responsible and
make good to LESSOR all injuries and damages to the same caused by LESSEES or those under
them and will deliver same to LESSOR at the expiration or termination of this Lease in as good
condition as when completed, usual wear and tear alone excepted; and LESSEES will, upon the
Lcasc Agrccmcnt - page 3
expiration of this Lease, peaceably yield up to LESSOR all and singular 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 all improvements made upon the said premises by LESSEES, or al their
instance or request, shall at once become the property of LESSOR and shall be surrendered to
LESSOR at the termination or expiration of this Lease.
11. 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.
12. That LESSEES, with the consent of LESSOR, in writing, first had and obtained,
have the right to assign this Lease or sublet any part of the leased premises, with such assignee
having all rights, privileges and obligations contained in this Lease.
13. That LESSEES agree to indemnify, save, keep and hold harmless LESSOR from
and against 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 LESSEES', their invitees, agents, servants or employee's use,
and LESSOR shall not be liable to LESSEES, their 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; LESSEES hereby waive any defects therein and agree to hold and save LESSOR
harmless from all claims for any such damages or injuries, and LESSEES must, at all times
during the IeI'm of this Lease, and any extensions hereof, 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 said leased
property, or any part thereof, as the result of the negligence of LESSEES, their 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
Lease A~reelllell[ . page ~
reputable insurance company or companies, with LESSOR as an additional insured, subject to
approval by the City Attorney of the City of Paris, and LESSEES or their insurance carrier or
carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, I SO 15t
Street S. E., Paris, Texas 75460, or furnish to said City Clerk a 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 hereof, 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.
14. LESSEES will not rent the premises, or any part thereof, 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 them for that specific purpose.
IS. That LESSEES will not use, or permit the use of, said premises, or any part
thereof, for any purpose which is determined dangerous or hazardous to the airport operation
by Airport Manager.
16. Should LESSEES default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in
writing to LESSEES by LESSOR's Airport Manager, giving LESSEES thirty (30) days to
correct such discrepancy, and, in the event such default, failure or refusal is not corrected within
said thirty (30) 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 LESSEES by LESSOR's
Airport Manager. After affording LESSEES such hearing, the Airport Advisory Board shall
recommend to the City Council that the Lease continue or be terminatcd, and thereafter the City
Council shall take such action as it decms necessary.
17. That the LESSOR may, at its option, terminate this Lease as to the entire tract,
or any part thereof, which may be necessary, in the event the LESSOR desires to use the
property, or any portion thereof, for necessary municipal functions, such as extension of
lunways or erection of other airport facilities. [n the event of either of the ahove contingencies,
Leasc ACl'eelllcnt . p;lgc 5
the LESSOR shall give the LESSEES ninety (90) days notice, in writing, of its intention to so
utilize the tract, or any portion thereof, for the above specified purposes. In the event of either
of the above contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this
Lease to satisfy its obligation of compensation to LESSEES.
18. In the event LESSEES 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 LESSEES to renew and extend this Lease for
a period of TEN (10) years from and after the expiration of this agreemel1l, which option may
be exercised by LESSEES 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.
Further, in the event LESSEES 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 LESSEES 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 LESSEES 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.
19. In the event of a termination of this Lease by the City of Paris, as permitted herein
during the primary term of said Lease, the City of Paris will be obligated to pay to LESSEES
1/35th of the original cost of said hangar and apron, multiplied by the number of years
remaining in the primary term of this Lease, which ends February 28, 2031. In the alternative,
in lieu of payment for termination during the primary term of this Leasc, the Cily of Paris may
agree to give LESSEES hangar space of equal quality, size and usefulness, at no expense to
LESSEES. for thc rcmainder of the primary term of this Lease.
In the event that final termination of said Lease occurs during the first option, there shall
bc no payment due LESSEES. However, the City of Paris may agree to give LESSEES hangar
space of equal quality, size and usefulness, and LESSEES are granted the right to lease such
substitute space for TEN (10) years for THlRTY-TIIREE THOUSAND SIX HUNDRED AND
NOnOa DOLLARS ($33,600.00), payable as aforesaid.
Lease Agl'CCIIICllt - pagc 6
In the event that final termination of said Lease occurs during the second option, there
shall be no payment due LESSEES. However, the City of Paris may agree to give LESSEES
hangar space of equal quality, size and usefulness, and LESSEES are granted the right to lease
such substitute space for TEN (10) years, at a rental rate to be based on either $.06 per square
foot or the fair market value at the time of the exercising of the option, whichever is greater.
20. The terms of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LESSEES.
EXECUTED ON the dates shown in acknowledgements below.
CITY OF PARIS, LESSOR:
By:
ATTEST:
L8:8. tAl J V:WvJ
mlly W .~lICO
f1rv~<L ~. liJ k'~)
Donna J. Winters
STATE OF TEXAS
COUNTY OF LAMAR
llEFORE 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 lo the foregoing instrument, and acknowledged to me that he executed
the ~al1lc lur lhe purposes and consideration therein expressed and in the capacity therein staled.
1996.
1/6
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Jj{(day of February,
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Notary Public, Slate of Texas
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Ll'<I.\l' ^erCl'lI1cnt . page 7
STATE OF
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COUNTY OF ;" ,r 'I'
BEFORE ME, the undersigned authority, on this day personally appeared BILLY W.
WINTERS and DONNA 1. WINTERS, known to me to be the persons whose names arc
subscribeLl to the foregoing instrument, and acknowlcLlged to me that they executed the same for
the purposes and consideration therein expressed.
1996.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ Llay of Febru:::ry,
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FI[LD NOTES
Being alllhat certain tract of land silutlted aboul 6.25 miles Soulheasl of Ihe Cily of
Paris, Lamar County, Texas, a part of lhe William Scott Survey, Abstract No. 856 and a part of
the same land described in deed from lhe United States of America to the City of Paris, recorded
in Volume 308, Page 287, Lamar Counly Deed Records and being further described as follows:
Commencing at an iron pin for corner althe inlerseclion of the Soulh line of F.M.
Highway 1508 with the Easlline of F .M, Highway 1508 situaled jusl Soulh of the main entrance
to Cox Field Airport;
Thence North 73 Degrees, 00 Minutes, 10 Seconds E<lst a dislance of 1125.49 feel 10 an
iron pin set althe Soulhwest corner of lhis lracl;
Thence North 1 Degree, 15 Minules West a dist<lnce of 152.69 feel 10 an iron pin set (or
corner;
Thence North 88 Degrees, 28 Minules, 35 Seconds Easl a disl<lnce o( 139.81 feet to an
iron pin sel for corner;
Thence Soulh 1 Degree, 20 Minutes, 40 Seconds East a distance of 152.69 feet 10 an
iron pin sel for corner;
Thence South 88 Degrees, 28 Minules, 35 Seconds Weslll distance o( 140,06 feel 10
the place of beginning and containing 0049 acre of land.
I, R. Bmndor. Chancy, Reoislercd Profession<ll Land Surveyor, No. 4057, Slate of
Texas, certify thallhe above Pial and Field Noles depicl <lnd represenl a aclUlll Survey made
on the ground under my supervision and finished __ :\ '" 'I) -. 1995.
f)~6C _ .
R. ~randon Chancy. R.P.LS. L~
STATE OF TEXAS
COUNTY OF LAMAR
fJEFORE ME, the undersigned authority, a Nolllry Public in llnd filr said County and
Stale on this day personally appeared R. Brandon Cl1aney, known to me 10 be the person whose
name is subscribed to lhe foregoing inslrumenlllnd acknowledge 10 me Ihat lie executed same
for tile purpose and consideralion tl1erein exprl)sscd. II' \('flJ. .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ _ -Il day of ~
A.D. 1995. }A
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EXllIBIT A
BILL OF SALE
FOR VALUE RECEIVED, THE UNDERSIGNED BILLY WINTERS OF LAMAR
COUNTY, TEXAS (SELLER) HEREBY SELLS AND TRANSFERS UNIU ANDY
FASKEN OF LAMAR COUNTY, TEXAS (BUYER), AND IT'S SUCCESSORS
AND ASSIGNS FOREVER, THE FOLLOWING DESCRIBED PROPERTY:
FULL INTEREST IN AIRCRAFT HANGAR LOCATED AT COX FIELD, PARIS,
TEXAS. SUBJECT TO THE TERMS OF THE LAND LEASE NEGOTIATED
WITH THE CITY OF PARIS ON FEBRUARY 12TH, 1996.
SELLER WARRANTS AND REPRESENTS THAT IT HAS GOOD TITLE TO
SAID PROPERTY, FULL AUTHORITY TO SELL AND TRANSFER SAME AND
THAT SAID PROPERTY IS BEING SOLD FREE AND CLEAR OF ALL LIENS,
ENCUMBRANCES, LIABILITIES, AND ADVERSE CLAIMS, OF EVERY
NATURE AND DESCRIPTION.
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED. BUYER
ACREES TllA T llANGAR IS DOUGm "AS IS" AND :BUYER 'WArvE~ AN)'
CLAIM FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
DAMAGES RESULTING IN PERSONAL INJURY AGAINST THE SELLER.
BUYER HEREBY WAIVES ANY DEFECTS THERIN AND AGREES TO HOLD
SELLER HARMLESS FROM ALL CLAIMS FOR ANY SUCH DAMAGES OR
INJURIES.
SIGNED THIS 9TI1 UA Y U~' DtCEMBER, 2005 IN THE PRESENCE OF:
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WITNESS