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2001-052-RES APPROVING/AUTHORIZING ADDENDUM NUMBER TWO TO EXISTING LEASE AGREEMENT DATED JUNE 14, 1994 BETWEEN COP AND LARRY C TOWNES RESOLUTION NO. 2001-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN ADDENDUM NUMBER TWO TO AN EXISTING LEASE AGREEMENT DATED JUNE 14, 1994, BY AND BETWEEN THE CITY OF PARIS AND LARRY C. TOWNES TO AUTHORIZE ADDITIONAL IMPROVEMENTS TO AN EXISTING HANGAR AT COX FIELD AIRPORT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris and Larry C. Townes have previously entered into a lease agreement regarding the use of the City's property and the construction of improvements thereon at Cox Field Airport, the aforesaid lease agreement being known herein as the Original Lease Agreement dated June 14, 1994; and, WHEREAS, the City and Mr. Townes have previously entered into an Addendum Number One to the Original Lease Agreement, said Addendum being executed on the 12th day of December, 1994, to further specif'y and identif'y the property subject to the aforesaid lease; and, WHEREAS, Mr. Townes has requested in writing the opportunity to expand the hangar structure located on the aforesaid property and governed by said lease and lease addendum, the purpose of said expansion to enable Mr. Townes to add to the south end of the existing hangar structure an office, kitchen, and a dining room; and, WHEREAS, in accordance with the ordinances and resolutions of the City of Paris, Paris, Texas, the aforesaid request has been reviewed and approved by the City's Airport Advisory Board at its meeting of May 8, 200 I; and, WHEREAS, the City Council desires to approve Addendum Nurnber Two to the aforesaid original lease to revise the terms of paragraph 8 of the original lease authorizing the maximum size of the structure to be located on the property to increase from the 18,000 square feet currently stated in the original lease to a maximum of 25,000 square feet to accommodate the aforesaid office, kitchen, and dining room, and subject to the remaining terms and provisions of the amended paragraph 8 and the remainder of the terms and provisions of the Original Lease Agreement as amended by Addendum Number One and this Addendum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That Addendum Number Two to the existing original lease agreement dated June 14, 1994, by and between the City of Paris, Paris, Texas, as Lessor, and Larry C. Townes as Lessee, a copy of which such addendum is attached hereto and for all purposes incorporated herein, shall be and is hereby in all things approved, and the mayor shall be and is hereby authorized to execute and the City Clerk to attest to the aforesaid Addendurn Number Two. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of May, 2001. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ADDENDUM NUMBER TWO TO LEASE AGREEMENT DATED JUNE 14, 1994, BETWEEN LARRY C. TOWNES AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) ) COUNTY OF LAMAR ) WHEREAS, the City of Paris, Paris, Texas, a municipality and home rule city located in Lamar County, Texas, hereinafter called LESSOR, and Larry C. Townes, of Route 2, Box 130, Detroit, Lamar County, Texas, hereinafter called LESSEE, have previously entered into a lease agreement regarding the use of the City's property and the construction of improvements thereon at Cox Field Airport, the aforesaid lease agreement being known herein as the Original Lease Agreement dated June 14, 1994; and, WHEREAS, the aforesaid LESSOR and LESSEE have previously entered into an Addendum Number One to the Original Lease Agreement, said Addendum being executed on the 12th day of December, 1994, to further specify and identify the property subject to the aforesaid lease; and, WHEREAS, LESSEE has requested in writing the opportunity to expand the hangar structure located on the aforesaid property and governed by said lease and lease addendum, the purpose of said expansion to enable LESSEE to add to the south end of the existing hangar structure an office, kitchen, and a dining room; and, WHEREAS, in accordance with the ordinances and resolutions of the City of Paris, Paris, Texas, the aforesaid request has been reviewed and approved by the City's Airport Advisory Board at its meeting of May 8, 2001; and, WHEREAS, the City Council desires to approve Addendum Number Two to the aforesaid original lease to revise the terms of paragraph 8 of the original lease authorizing the maximum size of the structure to be located on the property to increase from the 18,000 square feet currently stated in the original lease to a maximum of 25,000 square feet to accommodate an office, kitchen, and a dining room, and subject to the remaining terms and provisions of the amended paragraph 8 and the remainder of the terms and provisions of the Original Lease Agreement as amended by Addendum Number One and this Addendum; NOW, THEREFORE , WITNESSETH: That the Original Lease Agreement, made the 12th day of December, 1994, by and between Larry C. Townes, hereinafter called LESSEE, and the City of Paris, Paris, Texas, acting by and through its Mayor, duly authorized, hereinafter called LESSOR, shall be and is hereby amended as follows: Exhibit A I. It is hereby mutually agreed by LESSOR and LESSEE that the first sentence of paragraph 8 of the original agreement, and no other portion of paragraph 8 or the other provisions of the original agreement and Addendum No. One, shall be and is hereafter amended to read as follows: .. 8. That, if in the course of using such premises for permitted purposes, LESSEE desires to build, at his own expense, a hangar building or buildings and apron in pursuit of such uses, LESSEE 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 and to have an approximate square footage of at least 9,000 square feet but no more than 25,000 square feet of area, and such structure or structures will not violate any of the rules or regulations of the City of Paris, or the Federal Aviation Administration. fl 2. All of the other terms and provisions of the Original Lease, including the remaining provisions of paragraph 8 not amended by this Addendum Number Two, and including all terms and provisions of Addendum Number One to the Original Lease, shall remain in full force and effect. EXECUTED on this 14th of May, 200 I by the City of Paris: Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney LESSOR Larry C. Townes LESSEE THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared , 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 _ day of May, 200 I. Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Larry C. Townes, 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 May, 2001. Notary Public, State of Texas