23-Construction of a hangar at Cox FieldCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
6/19/2009 Shawn Napier, P.E. City Engineer
Council Date: Airport /Director of Public Works 23.
6/22/2009
RECOMMENDED MOTION: Approve a resolution to enter into a lease agreement with William T. Booth
for the construction of a hangar at Cox Field and authorizing the City Manager to negotiate and execute
all necessary documents.
POLICY ISSUE(S):
Private Hanger Lease
BACKGROUND:
Mr. Booth applied to build a private hangar at Cox Field in February and the Airport Advisory Board
voted on February 19t" to recommend to the City Council to allow Mr. Booth to construct a 2,000 square
foot hangar. The proposed hangar and apron will be located at the north end of hangar "A" as shown in
the attached aerial. The surveyor's lot layout is attached that shows the lease area to be 0.046 acres.
The building plans have been submitted to Bureau Veritas for review and were approved May 12, 2009.
The Airport Board also included a recommendation that Mr. Booth have a 30-year lease instead of the
25-year lease agreement as stated in the hanger lease policy adopted by City Council in 2001. The
existing policy stipulates that the term for hangers less than 5,000 square feet is 25 years and the
proposed hanger is only 2,000 square feet. The policy allows a 30 year term for hangers in the 5,001-
20,000 square foot range. Since the proposed hanger is well below the threshold for a 30 year term plus
the fact that Mr. Booth serves on the Airport Board and granting a significant waiver of the threshold
might be perceived by some as a conflict, staff recommends adhering to the existing policy
recommended by the Airport Board and adopted by City Council by granting a 25-year term.
BOARD/COMMISSION RECOMMENDATION:
The airport advisory board voted to approve a 30-year lease agreement on a 6-0 vote
EXHIBITS:
Resolution, lease agreement, surveyor's exhibit, location map, hanger lease policy
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ~ Resolution
Bud.geted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
The initial lease payment is $240 a year ($0.12/sq. ft./yr) with a CPI adjustment every five years.
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris ,o}1Ti Revised 2/04/08
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DRAFT
f:attorney\reswork\current\Boothe Hangar Lease Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS; APPROVING THE CONSTRUCTION OF A NEW HANGAR AND
AUTHORIZING THE EXECUTION OF TWENTY-FIVE (25) YEAR
LEASE AGREEMENT FOR PROPERTY LOCATED AT COX FIELD
AIRPORT WITH WILLIAM T. BOOTHE; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris has received a request from William T.
Boothe to lease property at Cox Field Airport for the purpose of erecting a building in which to
conduct an aeronautical activity; and,
WHEREAS, on February 19, 2009 the Airport Advisory Board approved and
recommended the request of Mr. Boothe; and,
WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City
of Paris that aeronautical activities for the flying public be encouraged and the City Manager of the
City of Paris be and he is hereby authorized and directed to execute a Lease Agreement with
William T. Boothe in the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. The request for construction of a new hangar on property located at Cox Field
Airport be and is hereby approved and the City Manager of the City of Paris be and he is hereby
authorized and directed to execute the twenty-five (25) year lease with William T. Boothe for
property located at Cox Field Airport upon the terms and conditions and in the form attached
hereto as Exhibit A.
Section 3. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 22nd day of June, 2009.
Jesse James Freelen, Mayor
^ U0C171-
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
A U-~1617 j
LEASE AGREEMENT
COUNTY OF LAMAR )
) KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS )
THIS LEASE AGREEMENT is made this 22nd day of June, 2009, by and between the
CITY OF PARIS, TEXAS, a home rule municipal corporation, acting by and through its City
Manager, Kevin Carruth, duly authorized, hereinafter referred to as LESSOR, and William T.
Boothe, 2563 CR 43200, Powderly, Lamar County, Texas 75473, hereinafter referred to as
LESSEE.
WITNESSETH
For and in consideration of the construction of a hangar and the payment of the monthly
ground lease payment, due on or before the lst day of each month, to the LESSOR, and each
month thereafter, as follows: $20.00 per month, said LESSOR does lease, rent, and let unto
LESSEE that portion of Cox Field property described in Exhibit "A," attached hereto and made a
part hereof for all legal purposes, hereinafter referred to as the property or leased premises. The
first such monthly payment shall be due and payable on or before the first day of , 2009,
with successive monthly payments being due and payable on the first day of each month thereafter
during the term hereof.
LESSEE hereby leases the leased premises from LESSOR subject to the terms, covenants
and conditions stated below, and shall have the right and privilege to construct and maintain
certain improvements as described herein on the leased premises.
LESSEE has inspected the leased premises and accepts it in its present (as-is) condition
unless expressly noted otherwise in this Lease. LESSOR its officers, employees and agents have
made no express or implied warranties as to the condition or fitness for a particular purpose of the
leased premises. LESSEE must satisfy itself that the leased premises may be used as LESSEE
intends by independently investigating the property and all matters related to the use of the leased
premises. LESSEE agrees that it is not relied on any warranty or representation made by
LESSOR concerning the condition of the leased premises or the fitness of the leased premises for
any particular purpose.
Hansar Lease Agreement - page 1
EXHlBIT -L
LESSOR shall deliver possession of the leased premises to LESSEE as of the effective date
hereof.
LESSEE shall be responsible for maintenance and insurance coverage on the leased
premises upon delivery of possession to LESSEE.
This Lease shall be effective as of the date last signed by the parties hereto. The term of
this Lease is for twenty-five (25) years, beginning on the effective date, and ending on the
day of , 2039 ("Initial Term").
The monthly rent established herein shall be subject to increase every five (5) years,
beginning on the fifth anniversary of the effective date, the monthly rent shall be increased by the
percentage amount of increase in the Consumer Price Index for All Urban Consumers
Dallas-Fort Worth area ("CPI-U") from the effective date of this Agreement to the CPI-U for May
2014, and in a similar manner every five (5) years thereafter. The CPI-U Indexes prepared by the
United States Bureau of Labor Statistics, shall be used for calculating these rental increases.
In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the
C.P.I., the parties hereto agree to substitute another equally authoritative measure of
change in the purchasing power of the U.S. dollar as may be then available (such as the
Municipal Cost Index) so as to carry out the intent of this provision.
In determining the rate increase, the LESSOR shall, by or before July 1 st of each fifth year,
or as soon thereafter as reasonably possible, provide written notice to the LESSEE of the amount
of the CPI increase (including appropriate documentation thereof) and the LESSOR's calculation
of the new monthly rental based on said increase. Beginning with the monthly payment due the
first of the month following receipt of LESSOR's notice, LESSEE shall pay the adjusted monthly
rate as determined herein. If, for any reason, the CPI adjustment would result in a decrease in the
monthly rental due, the previous rental shall remain in effect. In no event shall the monthly rental
rate be decreased.
At the end of the Initial Term as specified herein, the LESSOR shall solicit competitive
prices for lease of the hangar upon such terms and conditions and for such lengths of time as the
LESSOR in its sole discretion shall determine. LESSOR's right to reject all bids and solicit new
bids when LESSOR deems such action in LESSOR's best interest is hereby preserved. Based on
the results of said solicitation for bids, the LESSOR shall determine that bid which represents the
HanEar Lease AEreement - page 2
a U0C18-..
highest and best bid meeting all criteria established by the LESSOR for rental of the property.
When the LESSOR has determined the successful bid, the LESSOR shall thereafter offer LESSEE
the opportunity for thirty (30) days to lease the premises on the same terms and conditions as
applicable to the designated successful bidder. The LESSEE shall, within the thirty (30) day offer
period, provide notice to LESSOR in writing as to whether or not LESSEE desires to re-lease the
facility on the basis of the successful bid. If the LESSEE declines to match the successful bid, or
fails to respond within the designated thirty (30) day period, then the LESSOR may proceed in
leasing the facility to the designated successful bidder, and the LESSOR's obligation to LESSEE
under this right-of-first-refusal shall have been satisfied.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE as follows:
1. That LESSEE pay to LESSOR at the Finance Department, 135 lst Street SE, City
Hall in the City of Paris, the agreed rental in advance, promptly and without neglect, default, and
delay.
In the event LESSOR fails to receive any payment within ten (10) days after the same is
due, a late payment penalty equal to 10% of such payment shall be charged to LESSEE. In the
event LESSEE shall become delinquent for more than thirty (30) days, this Lease may be
terminated by LESSOR as further stated herein.
2. That this Lease is subject to all the terms, provisions, and conditions of the deed of
conveyance of such premises from the United States of America to the City of Paris, recarded in
Book 308, Page 287, Deed Records of Lamar County, Texas, to which reference is made for all
purposes.
3. That LESSEE, his 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 services or benefits, 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 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
HanEar Lease Aereement - page 3
~
it
may be amended.
4. That LESSEE, his successors and assigns, will complete a Federal Aviation
Administration (FAA) Form 7460-1, "Notice of Proposed Construction or Alteration," and receive
a favorable determination from the FAA prior to the construction of an airplane hangar or any
other improvements on the property.
5. That LESSEE, his successors or assigns, agree that (i) no person, on the grounds of
race, color, creed, sex, age, national origin, or disability 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, on the grounds of race, color, creed, sex, age, national origin, or
disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination; (iii) that the LESSEE shall use the leased 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. In the event of breach of any
of the preceding nondiscrimination covenants, LESSOR shall have the right to terminate this
Lease and any aeronautical permits, and to re-enter and repossess said land and the facilities
thereon, and hold the same as if said Lease had never been made or issued.
6. That LESSEE shall comply with all conditions and requirements established in
Department of Transportation, Federal Aviation Administration, Grant Agreements No.
8-48-0169-02 and No. 6-48-0169-03.
7. 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 Cox
Field Master Plan, as may be amended from time to time, 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 and all laws of the State of
Texas governing citizens and property within the City of Paris.
8. That LESSEE will use such leased premises only for the construction and
maintenance of a private hangar and aeronautical activities for which LESSEE holds a permit
Hanear Lease AEreement - page 4
issued by the City of Paris in accordance with Article II of Chapter 6 of the Code of Ordinances of
the City of Paris. This Lease does not constitute the issuance of any such permit.
The LESSOR and LESSEE recognize and agree this Lease shall be subject to such
regulations and approvals as required by the FAA and TxDOT Aviation and in particular those
FAA regulations which provide that the property subject to this Lease shall be used for Airport
purposes and in such a manner so as not to materially and adversely affect the development and
improvement, operation or maintenance of the Airport; and to the requirements of national
emergency. LESSEE agrees to cooperate and assist LESSOR in complying with such regulations
and conditions of approval. All runways and Airport facilities shall be open to the general
traveling public for the landing and operation of aircraft therefrom without hindrance or
interference on the part of LESSEE.
No hangar constructed on the leased premises governed by this Lease shall be used as a
residence or for residential purposes. However, such items as a sink, bathroom, or associated
facility to allow temporary overnight stay or perhaps occasional social uses of a portion of the
hangar will be permitted upon review and approval by LESSOR of these additional improvements
and upon receipt of building permit.
9. That LESSEE shall build, at LESSEE's sole expense, a hangar building of a
minimum internal size of 2,000 square feet, along with accompanying apron and appropriate taxi
lane, for access (as further depicted in Exhibit "B" attached hereto and incorporated herein by
reference), 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 at
Cox Field and in accordance with the plans described in Exhibit "B," attached hereto and made a
part hereof for all legal purposes, and in conformance with the rules or regulations of the City of
Paris or the Federal Aviation Administration.
LESSEE agrees to construct all buildings, ramps, and facilities (as more fully described in
Exhibit "C"), within eighteen (18) months after the effective date of this Lease.
Prior to construction of the improvements, the LESSEE shall obtain the LESSOR's written
approval of the plans and specifications for such construction. The preliminary submission by the
LESSEE shall employ essentials of aesthetics, convenience, function and design, and shall be
compatible in such respect with those of the Airport. Upon approval of such preliminary plans,
HanQar Lease AEreement - page 5
~ ~
LESSEE shall prepare complete plans and specifications for the proposed construction. A
construction application and final plans and specifications, when rendered, shall be submitted to
the LESSOR for approval. The LESSEE shall include in all construction contracts entered into
by it, in connection with any or all of the construction work, a provision requiring all contractors to
indemnify, hold harmless, defend and insure LESSOR, its officers, agents, and employees, against
the risk of death, injury, or damage to persons or property, direct or consequential, arising out of or
in connection with the performance of any or all of such construction work. The LESSEE shall
require all contractors to furnish liability insurance in such reasonable amounts as may be required
by the LESSOR. In the alternative, the LESSEE himself may provide the indemnity and liability
insurance otherwise required of contractors.
All plans and specifications referred to above and all construction, renovation, remodeling,
or refurbishing to or upon the leased premises shall meet all current codes required by the
LESSOR and shall provide for the construction to be from material satisfactory and acceptable to
the LESSOR. During the progress of all work, LESSOR's duly authorized representative may
enter upon the leased premises and make such inspections as may be reasonably necessary for the
purpose of satisfying LESSOR that the work or construction meets such requirements and
standards.
The LESSEE further covenants that all construction work to be performed by him or his
contractors, including all workmanship or materials shall be of first class quality and shall be
performed in accordance with the plans and specifications approved by the LESSOR. LESSEE
agrees that he shall deliver to the LESSOR "as built" transparencies of the improvements
constructed by him and shall, during the term of this Lease keep such transparencies, if any,
current, showing thereon any changes or modifications which may be made in ar to the
improvements. LESSEE shall also provide a detailed cost summary of the costs incurred in
constructing the hangar.
The requirements stated herein for construction of the improvements shall likewise apply
to any improvements or alterations to the original structure approved by LESSOR.
In the event that LESSEE fails to comply with the provisions of this section of this Lease,
the LESSOR may, in addition to any other remedies available to it, terminate this Lease.
10. That ownership of the hangar building, apron, and other associated improvements
Han¢ar Lease Agreement - page 6
a 6 tiC, 1
and/or alterations authorized by and constructed pursuant to this Lease shall revert to LESSOR (at
no cost) upon expiration of the original term of the Lease or upon earlier termination as provided
herein.
11. That LESSEE may install in or upon the leased premises all such machines, tools,
equipment, or other items of personal property as necessary in connection with the activities
authorized in this Lease. All personal property belonging to LESSEE located on the leased
premises and/or in the improvements located thereon shall be there at the sole risk of the LESSEE.
LESSOR shall have no liability or responsibility for any theft, misappropriation, or damage to any
personal property belonging to the LESSEE, any subtenant, or customer of the LESSEE. The
LESSEE shall be entitled during the term of this Lease to remove from the leased premises, or any
part thereof, all aircraft, tools, machinery, equipment, and non-structural improvements located
thereon; provided, however, that all buildings from which any property is so removed shall be
restored by LESSEE in such a manner that the buildings are not materially damaged (i.e., restored
to same condition that existed before installation or placement of the property) and that those items
removed are not required in order for the structure to be utilized as a hangar. LESSEE shall
remove all equipment, fixtures, and systems (as specified in this Lease) upon termination or
expiration of this Lease. If LESSEE fails to remove such property from the leased premises upon
termination or expiration of this Lease, then LESSOR retains the right to remove or have removed
at the expense of LESSEE all equipment, fixtures, and systems, and LESSEE agrees to pay
LESSOR for such expense within fifteen (15) days after receipt of an invoice from LESSOR.
12. That, except as otherwise provided herein, LESSEE will use the leased premises
only for aviation purposes, and administrative offices, and in any lawful manner necessary or
incidental to the conduct thereof.
LESSOR hereby grants, assigns, and conveys to LESSEE reasonable non-exclusive,
non-discriminatary use, as defined by the FAA, of the runways, landing and taxiing ways, and
common use portions of the Airport and related facilities at all times, subject, however, to the right
of others entitled to use thereo£ The LESSEE shall pay reasonable and customary fees, if any, for
the use of such portions of the Airport.
The LESSOR reserves for the use and benefit of the public a right of flight for the passage
of aircraft in the airspace over the leased premises and for such noise as may be inherent in the
Hanear Lease Agreement - page 7
a, ~ 0 C, 1 8P;
operation of aircraft in said airspace, and for landing on, taking off from or operating on the
Airport.
13. That LESSEE agrees not to make any additions or modifications to the leased
premises unless agreed upon by both parties in writing and following review and approval of the
additions or modifications by the City Engineer and City's Building Official or authorized
designee. In the event of such consent, all improvements or modifications shall be made at the
expense of LESSEE and, at the expiration of this Lease, shall become the property of LESSOR.
LESSEE agrees that the usage of the leased premises plus any associated apron shall be
limited to the parking of LESSEE's personal/company/customer owned aircraft. All
automobiles, buses, trucks, or other transportation modes must be parked or stored in approved
automobile parking axeas and/or inside any hangar, unless agreed upon by LESSOR in writing.
LESSEE agrees not to fuel or defuel any aircraft parked inside any hangar. LESSEE
agrees to have a sufficient number of fire extinguishers of acceptable size as determined by the
local fire marshal inside any hangar/office. Such fire extinguisher(s) shall be readily accessible in
the event of a fire. The local fire marshal or his designated representative reserves the right to
periodically inspect such fire extinguishers and the facility for fire safety compliance.
LESSEE agrees that it will not operate any nonaviation-related business or activity on the
leased premises.
LESSEE agrees that, during the final one hundred eighty (180) days of the term hereof,
LESSOR and LESSOR's authorized representatives shall have the right to erect and maintain on
or about the leased premises customary signs advertising the leased premises for lease or for sale.
14. That LESSEE agrees at all times to comply with the following: (1) LESSEE shall
at no time use, or permit the use of, the leased premises in a manner that is contrary to applicable
federal, state, or local laws, ordinances, rules, or regulations, which shall include, but not be
limited to applicable Federal Aviation Administration rules and regulations and applicable
regulations for the use of the Airport as may from time to time be promulgated by the LESSOR; (2)
LESSEE shall not permit any permanent, unshielded light or illumination source to cause glare as
viewed from any street, runway, taxiway, adjacent properties, or operating aircraft; (3) LESSEE
shall not cause or permit the storage or burial on the leased premises of any hazardous waste or
materials, as defined by Federal or State law; (4) LESSEE shall not cause or permit any use or
HanEar Lease AEreement - page 8
,
~ ~~0C1 "
activity on the leased premises which would create a hazardous condition for aircraft operating at
the Airport; (5) LESSEE shall not allow the leased premises to be used for parking of motor
vehicles, motorcycles, or motor driven equipment by anyone other than customers, employees, or
contractors of LESSEE except as may be authorized by the City, with all such parking being
limited to areas designated by LESSOR for such parking; LESSEE shall not be in default for the
improper parking of vehicles over which neither LESSEE nor any of its subtenants, customers,
employees, or contractors have any control; (6) LESSEE shall not allow scheduled airline
passenger operations to be conducted on the leased premises; and (7) LESSEE shall not permit
aircraft to access the leased premises from outside the Airport property such that such access
would constitute a"through the fence" operation prohibited by contracts between LESSOR and
the State of Texas or the United States of America.
15. That LESSEE 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 LESSEE or those under
LESSEE 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 LESSEE will, upon the
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 the
main hangar building, apron, storage building, and permanent installation of equipment, fixtures,
and fences.
16. That LESSEE agrees that it will at all times keep the leased premises, including the
inside and the outside of any facility, clean and free of trash, litter, tall grass, weeds, junked
automobiles, and scrap parts. LESSEE shall abide by all applicable laws and rules of the
Environmental Protection Agency, the Texas Commission on Environmental Quality, the Texas
Department of Agriculture, the Texas Department of Transportation, any other public agency, and
any local laws or ordinances concerning the use, storage, and disposal of hazardous chemicals,
fuel, and/or oil. LESSEE further agrees to abide by the manufacturer's directions in regards to the
use, storage, and disposal of all pesticides, herbicides, and other chemicals plus their containers
used at the Airport.
Should LESSEE fail to keep the leased premises clean and free of hazards, LESSOR may,
after thirty (30) days written notice, arrange for the clean-up of the littered or hazardous area. The
Hangar Lease AEreement - page 9
cost for said clean-up shall be charged to LESSEE and payable upon demand. Failure to render
prompt payment for such clean-up is grounds for LESSOR to terminate this Lease.
17. That LESSEE, at LESSEE's own cost and expense, shall keep the interior and
exterior (including all structural and non-structural) portions of the leased premises including, but
not limited to, plumbing, heating, lighting, air conditioning, and any other systems in connection
therewith and all other parts of the leased premises in good order and condition and will make all
necessary repairs to the leased premises both ordinary and extraordinary, foreseen and unforeseen,
and will make all necessary replacements of like quality when beyond repair. This obligation
shall extend to the land and all improvements located thereon. LESSEE shall be responsible for
all cleaning, custodial and janitorial, and landscaping services and shall keep the leased premises
in neat, safe, sanitary, orderly, and sightly condition and in good working arder at all times and
shall remove snow and ice therefrom.
In the event LESSEE fails to comply with this paragraph, LESSOR may notify LESSEE in
writing that such maintenance, repair, or cleaning shall be done, and in the event that LESSEE fails
to correct the condition within ten (10) days of LESSOR's written notice, LESSOR or its
authorized designee may enter the leased premises and provide the necessary maintenance or
repair services and LESSEE agrees to pay LESSOR such expenses within fifteen (15) days upon
receipt of an invoice. This is not to be construed as a duty or obligation of LESSOR to make any
repair or perform any work or cleaning which the LESSEE is required to make or perform.
18. That LESSEE shall pay or cause to be paid all charges for water, heat, gas,
electricity, sewers, and all other utilities used on the leased premises throughout the term of this
Lease, including any connection fees.
19. That it shall be lawful for LESSOR's designated representatives 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.
20. That it is understood and agreed that nothing herein contained shall be construed to
grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal
Aviation Act of 1958 or for aeronautical activities such as, but not limited to:
a) charter operations
b) pilot training
c) aircraft rental
Hansar Lease Agreement - page 10
d) aerial photography
e) crop dusting
f) sale of aviation petroleum products
g) air carrier operations
h) aircraft sales and service incidentalthereto
i) any other activity which, because of its direct relationship to the operation
of aircraft, can be regarded as an aeronautical activity.
Accordingly, LESSOR reserves the right to grant to others the privilege to engage in (or
conduct) any one or all of the aeronautical activities permitted hereunder.
21. That LESSEE shall not erect, paint upon, attach, exhibit or display in, on, or about
said leased premises any sign without the prior express written consent of the LESSOR's
designated representative.
22. That LESSEE will not assign this Lease or sublet the leased premises or any part
thereof without the express written consent of LESSOR, in writing from the City Manager of the
City of Paris, Texas. Any approved assignee shall assume all rights, privileges, duties, and
responsibilities contained in this Lease.
23. That LESSEE shall during the term hereof maintain at LESSEE's sole cost and
expense insurance relating to the leased premises as follows: (1) Insurance against loss or
damage to improvements by fire, lightning, and other risks from time to time included under
standard extended coverage policies, and sprinkler, vandalism, and malicious mischief in an
amount not less than the full replacement value of the hangar; and (2) Hangar keeper's liability
insurance providing for coverage in the following limits: $200,000.00 per aircraft and $400,000.00
per occurrence on property damage to aircraft in the care, custody, or control of LESSEE if the
LESSEE does not own all the aircraft stored in LESSEE's hangar. The City of Paris and its
officers and employees shall be listed on the policies as Additional Insured. Proof of insurance, in
the form of a signed Accord Insurance Certificate shall be furnished on or before the effective date
of this lease and on or before each anniversary thereafter.
24. That LESSEE agrees to obtain and maintain construction liability insurance at all
times when demolition, excavation, or construction work is in progress on the leased premises.
This insurance shall be carried by insurance companies authorized to transact business in the State
of Texas, selected by LESSEE and approved by LESSOR, and shall be paid for by LESSEE. This
insurance shall have limits of not less than $100,000.00 for property damage and $250,000.00 for
Hanear Lease Agreement - page 11
U~C1S_.
one person and $500,000.00 for one accident for personal injury and shall protect LESSOR and
LESSEE, as well as any other person or persons LESSEE may designate, against all liability for
injury or damage to any person or property in any way arising out of demolition, excavation, or
construction work on the leased premises.
25. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR, its
elected officials, officers and employees 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 LESSEE's, LESSEE's
invitees, agents, servants or employee's use, and LESSOR shall not be liable to LESSEE,
LESSEE's invitees, agents, servants, employees or visitors due to the improvements located
thereon, or hereafter constructed, or any other condition of the leased premises being improperly
constructed, maintained or being or becoming out of repair; LESSEE hereby waives 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 Lease, 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 properiy, indemnifying all persons for any and all
damages, personal injuries or property damages sustained in or upon the leased premises of said
leased property, or any part thereof, as the result of the negligence of LESSEE, LESSEE's invitees,
agents, servants or employees, and shall pay all premiums due thereon when due.
26. That with regard to all insurance required under this Lease, 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, its elected officials, officers and employees listed as an
additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or
LESSEE's insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk
of the City of Paris, 150 1 st 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
HanQar Lease AEreement - page 12
a odLi9 `
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. That LESSEE agrees that if
LESSEE does not keep all insurance required under this Lease in full force and effect, LESSOR
may declare this Lease, and all rights and interest created by it, to be terminated.
27. That, in case of any damage to or destruction of the buildings, structures, and
equipment on the leased premises, ar any part thereof, LESSEE will promptly give written notice
thereof to LESSOR, generally describing the nature and extent of such damage and/or destruction.
In case of any damage to ar destruction of the buildings, structures, and equipment on the
leased premises, or any part thereof, LESSEE, whether or not the insurance proceeds, if any,
payable on account of such damage and/or destruction shall be sufficient for such purpose, at
LESSEE's sole cost, risk, and expense, will promptly commence and complete the restoration,
repair, and replacement of said buildings, structures and equipment as nearly as possible to their
value, condition, and character immediately prior to such damage and/or destruction, with such
alterations in and additions thereto as may be approved in writing by LESSOR (hereinafter
sometimes referred to as the "Restoration")
All insurance proceeds, if any, payable on account of such damage to or destruction of the
buildings, structures, and equipment on the leased premises shall be held by LESSOR. LESSOR
shall be protected in acting upon any certificate believed by LESSOR to be genuine and to have
been executed by the proper party and shall receive such certificate as conclusive evidence of any
fact or as to any matter therein set forth. Such certificate shall be full warranty, authority, and
protection to LESSOR in acting thereon, and LESSOR shall be under no duty to take any action
other than as set forth in this paragraph.
Insurance proceeds received by LESSOR on account of any damage to or destruction of the
buildings, structures, and equipment on the leased premises, or any part thereof (less the costs,
fees, and expenses incurred by LESSOR and LESSEE in the collection thereof, including, without
limitation, adjuster's and attorney's fees and expenses), shall be applied as follows:
A. Net insurance proceeds as above defined shall be paid to LESSEE or as LESSEE
may direct from time to time as Restoration progresses to pay (or reimburse
LESSEE for) the cost of Restoration, upon written request of LESSEE to LESSOR
Hanear Lease Agreement - page 13
~ 0 C, 19
accompanied by (1) certificate of a supervising architect or engineer approved by
LESSOR, describing in reasonable detail the work and material in question and the
cost thereof, stating that the same were necessary or appropriate to the Restoration
and constitute a complete part thereof, and that no part of the cost thereof has
theretofore been reimbursed, and specifying the additional amount, if any,
necessary to complete the Restoration, and (2) an opinion of counsel satisfactory to
LESSOR that there exist no mechanics', materialmen's, or similar liens for labor or
materials except such, if any, as are discharged by the payment of the amount
requested.
B. Upon receipt by LESSOR of evidence of the character required by the foregoing
clauses (A)(1) and (2) that Restoration has been completed and the cost thereof paid
in full, and that there are no mechanics', materialmen's, or similar liens for labor or
materials supplied in connection therewith, the balance, if any, of such proceeds
shall be paid to LESSEE or as LESSEE may direct.
In the event that LESSEE does not promptly commence Restoration, or after
commencement LESSEE does not diligently proceed to the completion of same, LESSOR shall
have the right to commence or complete Restoration after LESSOR has given LESSEE thirty (30)
days prior written notice requesting the commencement of Restoration or that LESSEE diligently
proceeds to the completion of same if LESSEE during such thirty (30) day period does not so
commence or proceed to diligently complete Restoration. In such event, LESSOR shall retain the
insurance proceeds, and LESSEE shall pay any deficiency if such proceeds are not sufficient for
Restoration.
28. That LESSEE shall not rent the leased premises, or any part thereof, far aircraft
storage unless a permit under Article II, Chapter 6 of the Code of Ordinances of the City of Paris,
has been issued to LESSEE for that specific purpose.
29. That LESSOR has the right to talce any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE
from erecting, or permitting to be erected, any building or other structure on the Airport which, in
the opinion of the LESSOR, would limit the usefulness of the Airport or constitute a hazard to
aircraft.
HanEar Lease Agreement - page 14
30. That LESSEE shall pay and discharge all taxes, including without limit sales, use,
and excise taxes, ad valorem taxes, taxes on personal property, general and special assessments,
and other charges of every description which are levied on or assessed against the leased premises
and all interests in the leased premises and all improvements and other property on the leased
premises during the term of this Lease, whether belonging to LESSOR or to LESSEE. LESSEE
shall pay all such taxes, charges, and assessments directly to the public officer charged with their
collection not less than fifteen (15) days before the same shall become delinquent. LESSEE shall
at no time permit the foreclosure of any tax liens to LESSEE's leasehold interest in the leased
premises or the buildings, fixtures, or other improvements on the leased premises. LESSEE shall
have the right in good faith at his own sole cost and expense to contest any such taxes, charges, and
assessments, and shall be obligated to pay the contested amount, plus any penalties and interest
imposed, only if and when finally determined to be due. At any time that the payment of any item
of taxes, special assessments, or governmental charges which LESSEE is obligated to pay under
the provisions of this paragraph remain unpaid and uncontested later than fifteen (15) days before
the same shall become delinquent, LESSOR may declare this LEASE, and all rights and interest
created by it, to be terminated.
31. That nothing herein shall be deemed to relieve LESSEE and its tenants, sublessees,
patrons, invitees and others from Airport use charges, including fuel flowage fees paid on fuel
purchased by LESSEE, as are levied generally by the LESSOR directly upon the operation of
aircraft, or from automobile parking permit fees for parking areas that are not included within the
leased premises, or from security fees.
32. That, if at any time a release of hazardous materials is discovered on, at, or in the
leased premises, the Airport, the LESSOR's sewage or storm drainage system, soil, air,
groundwater, or any improvements, which was caused or permitted by LESSEE, LESSEE's
officers, agents, employees, contractors, permittees, invitees, or subtentants, or there is the danger
of such release of hazardous materials, LESSEE, at LESSEE's sole cost and expense, shall ensure
removal of such hazardous materials from the leased premises, the Airport, the underlying
groundwater, the LESSOR's soil, air, storm drainage, and the sewage system, in accordance with
requirements of all appropriate governmental authorities.
Hangar Lease Aj!reement - page 15
A 6 ~ l~ 19
LESSEE shall immediately notify LESSOR of any release of hazardous materials. Upon
discovery of any hazardous materials on, in, under, or emanating from the leased premises, any
release or threat of release of a hazardous materials, and/or any illness caused by exposure thereto,
LESSEE shall immediately, and at his sole cost and expense, take all actions necessary to
remediate, abate, and/or rectify any such conditions at or upon the leased premises.
33. That LESSEE will not use, or permit the use of, said leased premises, or any part
thereof, for any purpose which is determined dangerous or hazardous to the Airport operation by
LESSOR.
34. That the following events shall be deemed to be events of default by LESSEE under
this Lease:
A. Failure of LESSEE to pay any lease payment or any other sum payable to LESSOR
hereunder on the date that same is due and such failure shall continue for a period of
thirty (30) days.
B. Failure of LESSEE to comply with any term, condition, or covenant of this Lease
other than the lease payment or other sum of money, and such failure shall not be
cured within thirty (30) days after written notice thereof to LESSEE.
C. Insolvency, the making of a transfer in fraud of creditors, or the making of an
assignment for the benefit of creditors by LESSEE or any guarantor of LESSEE's
obligations.
D. Filing of a petition under any section or chapter of the National Bankruptcy Act, as
amended, or under any similar law or statute of the United States or any State
thereof by LESSEE or any guarantor of LESSEE's obligations, or adjudication as a
bankrupt or insolvent in proceedings filed against LESSEE or such guarantor.
E. Appointment of a receiver or trustee for all or substantially all of the assets of
LESSEE or any guarantor of LESSEE's obligations.
F. Abandonment by LESSEE of any substantial portion of the leased premises or
cessation of use of the leased premises for the purposes leased.
G. The filing of any lien against the leased premises resulting from any act or omission
of LESSEE which is not discharged or contested in good faith as determined by
LESSOR by proper legal proceedings within fifteen (15) days of receipt of actual
HanEar Lease Agreement - page 16
^ Uocl1q , ,
notice by LESSEE, unless LESSEE posts a bond within this time period equal to
the amount of the lien.
In the event of any default by the LESSEE that is not cured within thirty (30) days of
receiving notice from LESSOR, LESSOR may, in addition to any other remedies available to it,
terminate this Lease. If the default concerns a failure to make payments to LESSOR, however, no
written or other notice of default shall be required. If payments to LESSOR are in arrears for a
period of thirty (30) days after the payments become due, then LESSEE shall be in default under
this Lease.
Notwithstanding the foregoing, no failure to perform or delay in performance which is
caused by any war, civil disorder, or other national emergency or which is due to an intervening act
of God shall be deemed an event of default.
In addition to the termination and forfeiture right described in the preceding paragraph,
LESSOR shall have the following rights and remedies upon default by LESSEE:
A. The recovery of any unpaid rent, fees, and other payments due and owing at the
time of termination, plus any unpaid rent and fees that would have been earned and
other payments that would have been made if the Lease had not been breached by
LESSEE.
B. The recovery of any damages, costs, fees, and expenses incurred by LESSOR as a
result of the breach of the Lease by LESSEE, including reasonable attorneys' fees
and expenses.
C. The right to remove all persons and personal property from the leased premises,
and the right to recover costs and expenses incurred by LESSOR in the removal and
storage of LESSEE's property from the leased premises.
D. Any other right or remedy, legal or equitable, that LESSOR is entitled to under
applicable law.
No termination shall relieve the LESSEE of the obligation to deliver and perform on all
outstanding obligations and requirements prior to the effective date of the termination and
LESSEE's liabilities under this Lease shall continue.
In the event of any such termination as above enumerated, LESSOR shall have the right at
once and without further notice to the LESSEE to enter and take full possession of the leased
Hangar Lease Agreement - page 17
. 6 t) U 1 Q" f)
premises occupied by the LESSEE under this Lease. Upon the termination of this Lease for any
reason, LESSEE shall yield up said leased premises, facilities, fixtures, and equipment to LESSOR
in the same condition as when received, reasonable and ordinary wear and tear and damage by the
elements excepted.
In the event of the failure on the part of the LESSEE upon the termination of this Lease to
immediately remove from the leased premises all property owned by it, LESSOR may effect such
removal and store such property at LESSEE's expense. LESSEE further covenants and agrees to
pay and discharge all reasonable costs, attorney's fees, and expenses that may be incurred by
LESSOR in enforcing the covenants, conditions, and agreements of this Lease, re-entering and/or
repossessing the leased premises, restoring the leased premises to good and proper repair/order,
protecting the leased premises, and obtaining a new tenant. The failure of LESSOR to declare
this Lease terminated for any of the reasons set out above shall not bar the right of LESSOR to
subsequently terminate this Lease for any of the reasons set out above. Further, the acceptance of
rents, fees, or other payments due and owing to LESSOR for any period after a default of any of
the terms, covenants, or conditions by LESSEE shall not be deemed a waiver of any right on the
part of LESSOR to terminate this Lease.
35. That the LESSOR has the right to temporarily close the Airport or any of the
facilities thereon for maintenance, improvements, or for the safety of the public.
36. That the LESSOR may, at its option, terminate this Lease as to the land or the entire
hangar building, or any parts thereof, which may be necessary in the event the LESSOR desires to
use the property, or any portion thereof, for necessary municipal functions as determined by
LESSOR, such as, but not limited to, extension of runways or erection of other Airport facilities.
In the event of the above determination, the LESSOR shall give the LESSEE ninety (90) days
notice, in writing, of its intention to so utilize the building, or any portion thereof, for such
purposes. In the event this option is exercised by the LESSOR, LESSEE shall be paid, as
LESSEE's sole consideration, the fair market value of improvements previously made by LESSEE
to the leased premises and authorized by LESSOR, said fair market value to be determined as of
the time the LESSOR exercises the right of termination as provided in this paragraph. In no event
shall LESSOR be liable for a claim of lost profits, lost benefit, or other similar claims as a result of
termination under this paragraph.
HanEar Lease Agreement - page 18
ui~~:l~y
37. That, during time of war or national emergency, LESSOR shall have the right to
lease the landing areas or any part thereof to the United States Government for military or naval
use, and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent
with the provisions of the lease to the Government, shall be suspended.
38. That the waiver by LESSOR of any breach by LESSEE of the terms, covenants,
conditions, or provisions of this Lease shall not be deemed to be a waiver of any other breach of the
same or other term, covenant, condition, or provision of this Lease, regardless of when the breach
has occurred.
39. That, in case any one or more of the provisions contained in this Lease shall, for any
reason, be held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the
Lease, and this Lease shall be construed as if the invalid, illegal, or unenforceable provision had
never been included in the Lease.
40. That this Lease constitutes the sole and only agreement of the parties to this Lease
and supersedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this Lease.
41. That no amendment, modification, or alteration of the terms of this Lease shall be
binding unless it is in writing, dated subsequent to the date of this Lease, and duly executed by the
parties of this Lease.
42. That the rights and remedies provided by the Lease are cumulative, and the use of
any one right or remedy by LESSOR shall not preclude or waive its right to use any or all other
remedies. These rights and remedies are given in addition to any other rights the LESSOR may
have by law, statute, ordinance, or otherwise.
43. That all notices required under this Lease must be given by certified mail or
registered mail, addressed to the proper party, at the following addresses:
LESSOR LESSEE
City Manager William T. Boothe
City of Paris 2563 CR 43200
P. O. Box 9037 Powderly, Texas 75473
Paris, TX 75461-9037
Hangar Lease Agreement - page 19
With a copy to:
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Either party may change the address to which notices are to be sent by giving the other
party notice of the new address in the manner provided in this paragraph.
44. That this Lease shall be binding upon, and inure to the benefit of, the respective
heirs, executors, administrators, legal representatives, successors, and assigns when permitted by
this Lease.
45. That this Lease shall be construed under, and in accordance with, the laws of the
State of Texas, and all obligations of the parties created by this Lease are performable in Lamar
County, Texas. Venue for State court actions arising under this Lease shall be exclusively in the
courts of Lamar County, Texas; venue for federal court actions arising under this Lease shall be
exclusively in the federal courts for the Eastern District of Texas.
EXECUTED ON the dates shown in acknowledgments below.
By:
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
CITY OF PARIS, LESSOR:
Kevin Carruth, City Manager
Han2ar Lease Agreement - page 20
~
LESSEE
Name: William T. Boothe
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Kevin
Carruth, City Manager of the City of 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 consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
2009.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared William T.
Boothe, 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 the _ day of ,
2009.
Notary Public, State of Texas
Hangar Lease Asreement - page 21
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CP No. 460891 Q008 A FH13M
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EXHIB►T .A-
a 60020
Jim Nelson
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: Nel541"1 SurVey1nI
COmpany
920 North Main Street Paris, Texas 75460
903_785_3561 fax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net
Jim Nelson, own0r
J_ M. Nelson, Registered PrafQSSlonat Land Surveyor of Texas, #4025
Oiek-10251CF-BOOIha WSca« #a56 EX.II-YJ L.V-Tu
Situated within the Limits of the Gi#y of Paris, Caunty of Lamar, and State of Texas, part of the Williarn
Scott Survey #856, and being part of a called 1552.97 acre tract of land conveyed to the City of Paris by
deed recorded in Vol. 308, Page 287, in the Deed Records, of said Caunty and State, said City of F?aris
1552.97 acre tract being known as the Cax Field Airpvrt properry.
Beginning at a'/z" capped (NF-LSON SURVEYING) iron pin (s) fvr corner, said carner being North
58°27'03" East a distance of 2021.67 feet from a%' iron pifi (f) at an el corner of said City of Paris
1552.97 acre tract.
Thence North 0o00 33 West a distance of 50.00 feet to a , capped (NELSON SURVEYIh1G) iron pin
(g) fpr Corner;
Thence North 89°59'28" East a distance of 40,00 feet ta a'/z" capped (NELSON SURVEYiNG) iron pin
(s) for corner;
l"hence South 0°00'33" East a distance of 50.00 feet to a'/z' capped {IVELSQN SURVEYING} iron pin
(s) for corner, said carner being North 0°04'33" West a distance of 5.00 feet fram the NorSheast corner of
the cancrete apron nn the East side of Hanger A;
Thence Sauth $9°59'28" West a distance of 40,00 feet to the pface of beginning and containing 0.046
acres of Iand.
1, J.M. Nelson, Registered Professional Land Sunreyor of TL-xas, 94025, certify to the City of Paris
and Wi(Iiam Boothe, that the above depic#ed and describ2d tract of fand was taken from an actual survey
made on the ground and completed by me on the 6#h day of February, 2009, and that the Plat, the Field
Notcs, and the Legend/General Notes, are to be one documen nd are to be recorded as one.
z .e'_~ ~
J.M. NeNson, RPLS of Texas, #+4025 date
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Commercial Plan Review Comments
PARIS, TX
PLAN REVIEW APPROVED YES REVISIONS PENDING SEE BELOW
BV PROJECT # 2009-002789
PROJECT Aircraft Hangar
ADDRESS 6780 Collier Drive
DATE 5I1212009 PLAN REVIEWER Ken Huston
PROJECT DESCRIPTION Metal Building
THIS DOES NOT INCLUDE ANY ZONING, SlTE PLAN REVIEWS, REQU(RED SETSACKS, PUBLIC WORKS, PARKING, DRlVES AND APPROACHES, HEALTH,
OTHER 8U/LDING CODE REVIEWS, FLOOD PLAIN ISSUES, LANDSCAPING REVIEWS, PHOTOMETRIC SITE PLAN REVIEWS, SIGNAGE, ETC.
"Texas Liquor Licensing and permits required through TABC & Ciry"
IFNO AMENDMENTS
BUI
LDING DATA
TDLR-AB Re istration Provided
EABPRJA NOT REQUIRED <$50,000
Ener Com liance Re ort - Provided
NO
Use
Han ar
Occu anc Classification
S•2
Construction T e- Minimum
II-B
Fire Wali - Re uired
NO
Roof T e Minimum - Re uired
B
Number of Stories
ONE
Building Floor Area & Occupant Load
Floor
SF
OL
15t
2000
4
Total =
2000
4
Fire Alarm
NO
Automatic Fire S rinkler S stem
NO GROUP III NOT REQUIRED NFPA409
Corridor Ratin - Re uired
NIA
Attic Draft-sto s- Re uired
NO
Exterior Walis RatedlProtected - Required
Fire Se antion Distance
NO
Fire Barriers Fire AreaslOcc. Se - Re uired
NO
Incidental UseslFire Barriers - Required
Non•Sprinklered: 45-minufe rated doors, self-closing or automafic-
closin . Duct enetraGoNo eni s re uire fire dam ers.
NO
Incidental UseslSmoke Barriers - Required
Fire Sprinklered: Doors seH-closing oraufomatic-closing upon
defection o/smoke. Duct enehatioNo enin s reuire smoke dam ers.
NO
Post Room Capacity Signage near main exit.
"Maximum Occu ant Load: xxx "
NIA
Maximum Common Path of E ress Travel
75'
1000 )upiter Road
Suite 800
nt- 7x 7Sma
Co
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~V~~1! H1BIT
Main: (800) 906-7199
Fax: (800) 910-8284
wwnN. BVbuildinasafetv.com
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General Comments
Provide Engineered Drawings or Engineers Letter For Metal building and Foundation. ( Required by Texas engineering
Act) (COMPLIED 3123)
2.
Buildinq Code
2003 BC
Means of Egress
2003 IBC
Accessibility Code
2003 IBC & ANSI A117.1-1998 wl
TDLR-AB
1. Provide TDLR-AB Project Registered Confirmation Number. Texas Department of Licensing and Regulation Architectural
Barriers Project Registration required with State of Texas when valuation of permit is >$50K. (NOT REQUIRED)
Projects <$50K are not required to be registered with TDLR-AB however both Texas Accessibility Sfandards and the
requirements of this Chapter shall comply.
Piumbinq Code & Fuel Gas Code
2000 IPC & IFGC
Mechanical Code
2000 IMC
Electrical Code
2002 IEC
1.
Enerqy Code
2000 IECC
Fire Code
1994 Standard Fire Prevention Code
ltllf i+ 12 4009
0`1
77t.
, Pfans Reviewed
Plans not ualid withaut attached review notes
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3~ans not vaiic~ withoui attacheu review notes
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A.N~D SQNS
coNcRETE coNTxAcTOxs, Inc.
4725 LAMARAVE. PARIS, TEXAS 75462
903-785-0430 FAX 903-785-4424
Date 3 ~r 09
Page ~ OfPages
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COtYCRETE COIYTRACT0R►S, IiYC.
472511►MAR AVE. PAR1S_ TEXAS, 7Sa62
903-78!,i-0430 F,AX 903-785-4124
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COX FIELD AIRPORT
PAR/S, TEXAS
LEASE POLICY
FOR PR/VATELY BUILT HANGARS
l. PURPOSE AND GOALS OF POL/CY
All leases for privately built hangars constructed after the effective date of this policy and
located on Cox Field Airport property will be considered when the proposed use is
consistent with the Airport Master Plan. It is the goal of the City of Paris to encourage
high quality development, continued maintenance and enhancement of facilities, and
balanced uses of the Airport including a diversity of based aircraft and businesses. This
policy will help insure the Airport will receive an appropriate return on the City's airport
asset while providing equitable development opportunities for present and future
leaseholders. This policy addresses new leases, extensions, renewals, and lease rates
by:
• Establishing hangar development sizes with corresponding lease terms.
• Establishing uniform lease rates for Cox Field Airport.
• Encouraging full property utilization and preventing land-banking.
• Ensuring compliance with all State and Federal laws and grant assurances.
ll. APPLICABILITY
This policy is applicable to all privately built hangars constructed after the effective date of
this policy and located on Cox Field Airport properties.
lll. IN/T/AL LEASE
Initial leases require the submission of an application in a form specified by the City to be
filed with the City Manager. Thereafter, if all prerequisites are satisfied, a Cox Field
Airport Standard Ground Lease shall be prepared by the City and the appropriate support
documentation shall be forwarded to the Airport Director and subsequently to the Airport
Advisory Board for review to determine the viability of a proposed project and
recommendation to the City Council. The lessee shall be required to carry a construction
bond or proof of financial wherewithal to complete the construction of the proposed
facilities. The term of the lease granted will be based on the size of facility to be
constructed. There will be no options available upon the expiration of the primary term of
a lease; however, then current lessees shall be given a right-of-first-refusal upon
expiration of either a ground or building lease for a new building lease upon the terms and
conditions established by the City of Paris.
N. LEASES AFTER EXPIRATION OFINITIAL LEASES
Cox Field Airport Page 1
Lease Policy ti l~
Tenants of hangars which are built by the Tenant as consideration for a long-term ground
lease shall be give {lahe ea9et-ofT~et-~onthlyf~ent I rateeforf such hangars shall tbe
expiration of the in
determined as set out herein.
V. TERMS OFLEASES
A. Background
The City of Paris based this policy on recommendations of the Airport Advisory Board and
the results of a study of other airports conducted by the Legal Department and presented in
August 2001. The lease terms and rate termination methods have been adopted through a
public vote of the City Council of the City of Paris and are herein incorporated.
The term of Ground Leases on which the tenant intends to construct improvements begins
at 25 years and may be negotiable depending on the size of the hangar. These terms were
adopted to encourage development of the Airport and provide sufficient time for investors
to amortize their investment.
As a practical matter and good business for the City, Lessees and lenders have a reasonable
length of time to realize an acceptable rate of return on the project prior to the potential
reversion of the improvement to the City.
B. Ground Lease Terms
Term
25 years
30 years
Negotiable
New Investment
Less than 5,000 square feet. of new hangar,
office, and shop space construction
5,001 to 20,000 square feet of new hangar,
office, and shop space construction
In excess of 20,000 square feet of new hangar,
office, and shop space construction
All construction should contribute to furthering the City of Paris's Airport Master Plan or
Airport development objectives.
VI. GROUND LEASES RATES
The following is the ground lease rate to each new privately built hangar located at Cox
Field Airport:
$0.12 per sq. ft. per year, adjusted every five (5) years by an amount equal to the
Consumer Price Index (CPI) for the previous five (5) years.
Cox Field Airport
Lease Policy
i 0 C 2 -1. -
Page 2
All leases shall have a five (5) year CPI clause.
Vll. MAINTENANCE: GOOD CONDITION & REPAIR
Requiring a tenant to maintain property and facilities in good condition and repair, while
always important, becomes critical as end of long-term leases approaches. Securing title
to leasehold improvements at the expiration of a lease is of little value to the City or Airport
if the improvements are not representative of Airport standards or suitable for lease to a
desirable tenant at rates meeting Airport expectations. Particular attention should be
focused on major cost issues such as foundations, structural components of buildings,
roofs, wall systems, hangar doors, electrical systems, etc. Sheet metal roofs and walls
should be maintained to be free from leaks and significant damage and should be painted
as necessary to prevent and retard rusting and to enhance appearance as original finishes
deteriorate. Painting, carpeting, and other similar items are typical of maintenance and
lease expenses expected of tenants. Good maintenance is an annual, on-going
obligation. Any level of clutter, junky or unkempt appearance will not be tolerated.
VIII. ENVIRONMENTAL CONDITIONOFLEASEHOLD
Tenant shall conduct its operation and maintain the leasehold in such a manner as to be
free of environmental contamination.
lX. COMPLIANCE WITH CITY BUILDING CODE
Construction of all private hangars shall be conducted in full conformance with the City's
Building Code, including the payment of all building inspection fees or other fees
associated with construction. All necessary plans required for review and approval of the
project shall be timely submitted. Any and all provisions of the City's Building Code
applicable to hangar structures shall be complied with in full.
X. TIME FOR CONSTRUCTIDN
All privately built hangars shall be constructed within eighteen (18) months of approval of a
lease agreement. Failure to timely complete construction of the hangar shall be
considered a breach of the lease agreement and subject the tenant to all customary
remedies for such breach.
XI. USE OF THE HANGAR
The hangar shall be used in accordance with the City's established policy for airport
purposes only and in conformance with the requirements of the City's master lease
agreement. For all new lease agreements covered under this policy, no hangar shall be
used as a residence or shall be used for residential purposes. However, such items as a
sink, bathroom, or associated facility to allow temporary overnight stay or perhaps
occasional social uses of a portion of the hangar, will be permitted.
Cox Field Airport Page 3
Lease Policy f ~
XII. TaXEs
The tenant shall be responsible for all taxes, if any, including ad valorem taxes or other
similar taxes, which may be assessed upon the hangar and other improvements, or any
other equipment or property associated with the hangar. The lease shall require the
tenant to accept full responsibility for payment of such taxes and to indemnify the City for
any such payment.
Xlll. INSURANCE
The master lease agreement shall include provisions requiring the tenant to maintain
during the life of the lease general liability, casualty, fire, and loss insurance covering both
the hangar and the contents. All costs of such insurance shall be borne by the tenant.
The level of coverage for the hangar shall be in an amount sufficient to pay the cost of
construction of the hangar should the hangar be totally destroyed. The City shall be
named a5 co-insured on all such insurance coverage. During construction of the hangar,
the tenant shall maintain appropriate construction insurance as likewise specified in the
master lease agreement. Failure to maintain proper insurance coverage at any time
during the term of the lease shall constitute a breach thereof and subject the tenant to all
appropriate remedies for said breach. In addition to being named as co-insured, each
insurance contract shall require the insurer to notify the City thirty (30) days in advance of
any cancellation or lapse of coverage.
X/V. MASTER LEASEAGREEMENT
The City's master lease agreement, a copy of which is attached hereto and for all
purposes incorporated herein, shall provide the framework for lease agreements between
future private hangar tenants and the City. The master lease agreement may be revised
or amended only with the approval of the City Council.
Cox Field Airport
Lease Policy
Page 4
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