2008-008-RES Approving and authorizing an addendum number. One to the lease between Air Direct and the City of Paris for property at Cox Field AirportRESOLUTION N0. 2008-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING AN ADDENDUM NUMBER.
ONE TO THE LEASE BETWEEN AIR DIRECT (FORMERLY LEASED TO
MARK BUSTER) AND THE CITY OF PARIS FOR PROPERTY AT COX
FIELD AIRPORT EXTENDING THE LEASE FOR TWO (2) ADDITIONAL
YEARS; 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 9th day of October,
1995, in Resolution No. l 13, authorize the execution of a Lease Agreement with Mark Buster for
property at Cox Field Airport for a term of Thirty-Five (35) years, beginning October 15,1995, and
ending October 14, 2030; and,
WHEREAS, on January 6, 2006, the City Council approved the assignment of the lease from
Mark Buster to Air Direct, LLC; and,
WHEREAS, David Jones, the Managing Partner of Air Direct, proposes to upgrade the
hangar doors at the lease property at a cost of $8,280.70 and has requested a two year extension to
the Lease Agreement which would extend the lease to October 14, 2032; and,
WHEREAS, the form of Addendum Number One to said lease, attached hereto as Exhibit
A, extending the term of the lease at additional two (2) years, attached hereto as Exhibit A, should,
in all things be approved, and the Mayor of the City of Paris, should be authorized to acknowledge
approval of said Addendum by signing the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, 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 Addendum Number One to the Lease for property at Cox Field
Airport with Air Direct, LLC, extending the term for an additional two (2) years, attached hereto as
Exhibit A be, and the same is hereby approved.
Section 3. That the Mayor of the City of Paris be, and he is hereby, authorized and directed
to execute, on behalf of the City of Paris, said Addendum Number One by signing the same in the
form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 28th day of January, 2008.
ATTEST:
. UQQ~
'ce Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar ~ty ttorney
„
Je se James F eelen, Mayor
ADDENDUM NUMBER ONE TO LEASE AGREEMENT
DATED OCTOBER 9, 1995,
BETWEEN MARK BUSTER (ASSIGNED TO AIR DIRECT, LLC)
AND THE CITY OF PARIS, TEXAS
STATE OF TEXAS )
1 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That this Addendum to Lease Agreement dated October 9, 1995, between Mark Buster
(Assigned to Air Direct, LLC) and the CITY OF PARIS, TEXAS, made this 28th day of
January, 2008, by and between Air Direct, LLC, by and through its Managing Member, David
Jones, duly authorized, and the CITY OF PARIS, TEXAS, by and through its 1Vlayor, Jesse
James Freelen, duly authorized, does hereby amend the above described Lease Agreement by
amending the third and forth un-numbered paragraphs so that such shall read as follows:
"The initial term of this Lease is for TAIRTY-SEVEN (37) years
beginning on the 15" day of October, 1995, and ending on the 14th day of
October, 2032.
It is further agreed to by LESSOR and LESSEE that LESSEE shall
have the option to renew such Lease for an additional period of TEN (10)
years. The rental for the renewal term to be agreed upon by the parties
and to be at the end of the initial term based on the fair market value of the
property at the time of renewal, being October 15, 2032."
EXECUTED on this the 28th day of January, 2008.
CITY OF PARIS, PARIS, TEXAS
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
EXHIBIT
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
AIR DIRECT, LLC
By:
David Jones, Managing Member
ATTEST:
, Secretary
5TATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Jesse James
Freelen, Mayor 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 therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 28th day of January,
2008.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared David Jones,
Managing Member of Air Direct, LLC, 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
.2008.
Notary Public, State of Texas