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12 Approve an Assisgnment of Leasde from Edwin Lancaster to Bert Strom for a hangar located a Cox Field AirportCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department- Presented By: Agenda Item No.: 11 /21 /08 Airport Lisa A. Wright, Airport Director Council Date: 12. 12/08/08 RECOMMENDED MOTION: Move to approve an Assignment of Lease from Edwin Lancaster to Bert Strom for a hangar located at Cox Field Airport and authorize the City Manager to negotiate and execute all necessary documents. PoLicY IssvE(s): Lease Assignment BACKGROUND: On July 18, 1994, the City executed a Lease Agreement with William T. Boothe for a hangar at Cox Field Airport. Thereafter, the Lease was assigned to Ken Barber on September 27, 1997, and then from Mr. Barber to Edwin Lancaster on April 20, 2000. Mr. Lancaster has since sold the hangar building to Bert Strom and has requested that the City Council approve an Assignment of Lease. The Airport Advisory Board recommends approval of this Assignment. BOARD/CAMMISSION RECOMMENDATION: The Airport Advisory Board recommended approval of the Assignment EXMBiTS: Assignment of Lease ACI'ION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departrnent Report ~ Resolution Budgeted Amt $ ❑ Presentation ❑ Urdinance l yTD Actual $ ❑ Pub ic Hearing ❑ Other Acct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration 0 City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 000036 Revised 2/04/08 ASSIGNMENT OF LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § EDWIN LANCASTER, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by Bert Strom of Lamar County, Texas, the receipt and sufficiency of which is hereby acknowledged, does hereby assign, transfer and convey unto BERT STROM that portion of Cox Field Airport shown on Exhibit "A" to the Lease Agreement dated July 18, 1994 by and between the City of Paris, Paris, Texas and William T. Boothe, subject to Assignment of Lease dated September 27, 1997 to Ken Barber; and further subject to a subsequent Assignment of Lease dated Apri120, 2000 to Edwin Lancaster. A copy of the Lease Agreement and subsequent assignments are attached hereto as Exhibit "A", together with all of its rights, obligations, and responsibilities thereunder. To have and to hold the described properly for and during the remainder of the term of said lease attached hereto as Exhibit "A". EXECUTED this &0 day of January, 2008. CARLA MARIE PITCOCK MY COMMISSION EXPIRES February 16, 200e EDWIN LANCAS R %~,sr,'; , (Acknowledgment) STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on this day of January, 2008 by EDW1N LANCASTER. NOTARY PUBLIC, STA OF TEXAS 00W3i ACCEPTANCE OF ASSIGNMENT I, BERT STROM, Assignee in the above assignment, do hereby covenant and agree to assume and accept the obligations and responsibilities of the above named Assignor under the above- referenced lease agreement attached hereto as Exhibit A. CARLA MARIE PITCOCK F MY COMMISSION EXPIRES 4 ;,pr„ Februnry 15, 200e STATE OF TEXAS COUNTY OF LAMAR BERT STROM (Acknowledgment) This instrument was acknowledged before me on t'; day of January, 2008 by BERT STROM. (lot& 4/j, NOTARY PUBLIC, STATE OF TEXAS The aforesaid assignment is APPROVED and ACCEPTED by the City of Paris, Paris, Texas, on this day of , 2008. City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney V r=.~t ~~C~~:lu G• J 1 r r1 i r.Ur1 Gordon B Strom, Jr MD FACP. 2850 Lewis Lane, Paris, Texas 75460 Cox Fietd Airport/ C/O Airporr Advisory Committee Copy ro Lisa Wrighr, Airport Director Copy to JR Aviation, Airport Manager Pqris, Texds To: Airport Advisory Committee I have recently acquired the lease`io Hanger K from Ed Lancaster. I have enclosed the lea.se transfer agreement that hqs been executed by Mr. Lancaster pnd that needs to be filed with the City of Paris. I pm mQking svbstantipl improvements in the hanger and I am requesting that the City of.Paris extend my {ease arrangement to the. mvximum extent allowed. I am requesting an additional 10 years on the currenr lease arrangerrrent. The improvements include, full electricpl ssrvice. in conduit that meets code; sealing the concrete floor and painting the floor; finally, structural foam insulation. The improvements cost $6240.04 and wifl provide a lasting structure with significantly increased value. The hanger is insured with USAA for damages and will continue to be insured as long ps I hold the lease agreement. If this request is agreeable or if there questions, ptease contact me at my office addre5s, i am $inCefely, ~ Gordon B. Strom Jr MD FACP - nf~r) 33 DRAFT attorney\reswork\current\Lancaster Assign to Strom Res RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE ASSIGNMENT OF LEASE FROM EDWIN LANCASTER TO BERT STROM FOR PROPERTY AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 11th day of July, 1994, in Resolution No. 94-084, authorize the execution of a Lease Agreement with William T. Boothe for property at Cox Field Airport for a term of thirty-five (35) years, beginning August 1, 1994, and ending July 31, 2029; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of September, 1997, in Resolution No. 97-103, approve the assignment of said Lease from William T. Boothe to Ken Barber; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of May, 2000, in Resolution No. 2000-063, approve the assignment of said Lease from Ken Barber to Edwin Lancaster; and, WHEREAS, Edwin Lancaster has expressed his desire to assign said Lease to Bert Strom, and Bert Strom has expressed his desire to accept such assignment; and, WHEREAS, the form of the Assignment of Lease from Edwin Lancaster to Bert Strom, attached hereto as Exhibit A, should, in all things be approved, and the City Manager of the City of Paris should be authorized to acknowledge approval of said assignment by signing the Acceptance of Assignment. 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 the Assignment of Lease from Edwin Lancaster to Bert Strom, attached hereto as Exhibit A, for property at Cox Field Airport, be, and the same is hereby, approved. 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 Edwin Lancaster to Bert Strom by signing the same in the form shown in Exhibit A, attached hereto. . (1(a(1(;34 Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 8th day of December, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ,