23-Approving and accepting an assignment between the City of Paris and Toby AdamsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originaring Department:
Presented By:
Agenda Item No.:
9/08/2009
Shawn Napier, P.E. City Engineer
Council Date:
Airport
Planning and Development
23.
9/14/2009
Director
RECOMMENDED MOTION: Move to approve a resolution to approving and accepting an assignment of
the lease agreement between the City of Paris and Toby Rex Adams for property at Cox Field Airport to
Chad Parrot and authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Private hanger lease
BACKGROUND:
The Airport Board recommended the lease agreement transfer from Toby Rex Adams to Chad Parrott.
The 30-year lease ends March 31, 2033.
BOARD/COMMISSION RECOMMENDATION:
The airport advisory board voted to approve the transfer on February 19, 2009 by a vote of 6-0.
EXHIBITS:
Resolution, lease agreement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ~ Resolution
gudgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administrarion Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
- _.,..13J
DRAFT
attorney\reswork\current\Assign of Lease Adams to Parrott Res
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND ACCEPTING AN ASSIGNMENT OF THE LEASE
AGREEMENT BETWEEN THE CITY OF PARIS A1VD TOBY REX ADAMS FOR
PROPERTY AT COX FIELD AIRPORT TO CHAD PARROTT; MAKING
OTHER FINDIIVGS 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
March, 1998, in Resolution No. 88-034, authorize the execution of a Lease Agreement with
Toby Rex Adams for property at Cox Field Airport for a term of thirty-five (35) years,
beginning April 1, 1998, and ending March 31, 2033; and,
WHEREAS, Toby Rex Adams has expressed his desire to assign said lease to Chad
Parrott, and Chad Parrott has expressed his desire to accept such assignment; and,
WHEREAS, the form of the Assignment of Lease from Toby Rex Adams to Chad
Parrott, 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, 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 Toby Rex Adams to
Chad Parrott, 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 Toby
Rex Adams to Chad Parrott by signing the same in the form shown in Exhibit A, attached
hereto.
PASSED AND ADOPTED this 14th day of September, 2009.
Jesse James Freelen, Mayor
w -.i.34
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
ASSIGNMENT OF LEASE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
I, Toby Rex Adams, of Paris, Lamar County, Texas, for and in consideration of the
sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to
me in hand paid by Chad Parrott of Lamar County, Texas, the receipt and sufficiency of
which is hereby acknowledged, do hereby assign, transfer, and convey unto Chad Parrott
that portion of Cox Field Airport shown on Exhibit A to the Lease Agreement dated March
8, 1998, by and between the Ciry of Paris, Texas, and Toby Rex Adams, a copy of which is
attached hereto as Exhibit A, together will all of my 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~L6 day of (et t W 2009.
Tob ex Ad ms
ACCEPTANCE OF ASSIGNMENT
I, Chad Parrott, 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.
Chad Parrott
EXHIBIT .g.
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Toby Rex
Adams, 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.
,,,1
GIVEN UNDER MY HAND A~l~~ SEAL OF OFFICE this z8 day oflF~,-2009.
C~A~S~~>.,,,,~i ~
P UB(
Notary Public, State of Texas
' -1rE OF N~}~
STATE OF TEXAS
§ ~~9m2i mu2O~~~\\\\\\
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Chad
Parrott, 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 August, 2009.
49-ce
Chad Parrott
The aforesaid assignment is approved and accepted by the City of Paris, Texas, on
this the 10th day of August, 2009.
Kevin Carruth, City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
am .-13 i
LEASE AGREEMENT
COLNTY OF LAMAR )
) KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS )
THIS LEASE AGREEMENT is made this 9th day of March, 1998, 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 Toby Rex
Adams, 3680 Lamar Avenue, Paris, Lamar County, Texas 75462, hereinafter referred to as
LESSEE.
WITNESSETH
For and in consideration of the construction of hangar at Cox Field Airport, in accordance
with plans and specifications approved by the City Engineer of the City of Paris, the CITY OF
PARIS does hereby lease, rent and let unto Toby Rex Adams, a lot fronting 120 feet of the north
side of the proposed extension of East-WesC Taxi-way which will eventually terminal at FM 1508,
said lot being a portion of Cox Field property described in Exhibit "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 lst Day of April,
1998, and ending on the 31st day of March, 2033.
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 to be in
the sum of THIRTY-TWO THOUSAND FOUR HUNDRED AND NOI100 DOLLARS
($32,400.00), payable to the CITY OF PARIS, a municipai corporation, as follows: $270.00 on
or before March l, 2033, with a like payment on or before the lst day of each month thereafter
during the remainder of the term of the first option, which ends March 31, 2043. The branting
of said first option is subject to the requirements set forth in paragraph 18.
It is furtber agreed to by LESSOR and LESSEE that LESSEE shall hav;, a second option
to renew such Lease for a period of TEN (10) years, the rental for the second renewal to be based
on either $.06 per square foot or the fair market value at the time of the exercising of such second
option, whichever is greater, payable to the Ciry of Paris, a municipal corporation, as follows:
The amount determined at the time of the exercising of the second option is payable on or before
Lease A~reement - page 1
EXHIBfT-L
the lst day of March, 2043, with a like payment on or before the lst day of each month thereafter
during the remainder of the term of the second option, which ends March 31, 2053. The granting
of said second option is subject to the requirements set forth in paragraph 18.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default and delay.
2. That this Lease is subject Co 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, recorded in
Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for all
purposes.
3. That LESSEr, his successors or assigns, agrees that, in the event facilities are
constructed, maintained, or otherwise operated on the said property described in tbis 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, the LESSEE shail 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 AcC of 1964, and as said Regulations
may be amended.
4. Tbat LESSEE, his successors ar assigns, agrees 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, on the grounds of race, color or national origin shall be excluded from participation in,
denied the benefits of, or otberwise be subjected to discrimination; (iii) that the LESSEE shall use
the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code
of Federal ReQulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Lease Aereement - page 2
~ ~ v
Effectuation of Title VI of the Civii RiQhts Act of 1964, and as said Regulations may be amended.
i. That LESSEF, 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.
6. That LESSEE will abide by and comply with all rules, re(yulations, ordinances and
laws pertainina to the use of the airport located at Cox Field, including but not limited to the Ciry
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 Ciry of
Paris and all laws of the State of Texas governing citizens and properry within the City of Paris.
7. That LESSEE 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 accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris.
Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be
permitted to sublease any or all portions of the premises described in attached Exhibit "A" for
private hangar space and for aeronautical activities for which sublessee holds a permit issued by
the Ciry 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, LESSEE
desires to build, at his own expense, a hanQar building and apron in pursuit of such uses, LESSEE
will be so permitted upon application and approval for building permit or permits from the Ciry
of Paris, of all steel construction, similar in appearance and construction to the existing enclosed
hangars in accordance with the floor plan described in Exhibit B, 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 Ciry of Paris or the Federal Aviation Administration. It being agreed and understood that
LESSEE shall be responsible for electric utilities furnished to the hangar build'uig during the term
of this Lease.
9. That LESSEE will take good care of the leased premises and be responsible and
make Qood to LESSOR all injuries and damages to the same caused by LESSEE or those under
him and will deliver same to LESSOR at the expiration or termination of this Lease in as good
Lease Aereement - page 3
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 sinaular the premises and all future
erections, additions or repairs to or upon same, in good repair, including but not limited to han-ar
buildings, storaQe buildings, permanent installation of equipment and fixtures, and fences.
10. That all improvements made upon the said premises by LESSEE, or at his instance
or request, shall at once become the property of LESSOR and shall be surrendered to LESSOR
at flle termination or expiration of this L,ease.
11. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the
leased premises, and every part thereof, at ail times for the purpose of inspecting and examining
the condition thereof.
12. That LESSEE, with the consent of LESSOR, in writing, first had and obtained, has
the right to assign this L,ease or sublet any part of the leased premises, with such assignee having
all rights, privileges and obligations contained in this Lease.
13. That LESSEE agrees 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 LESSEE's, his invitees, agents, servants or employee's use, and
LESSOR shall not be liable to LESSEE, his invitees, anents, 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; LESSEE
hereby waives any defects therein and agree ro hold and save LESSOR harmless from all claims
for any such damages or injuries, and LESSEE nlust, at all times durin; the term of this Lease,
and any extensions hereof, keep and maintain, in full force and effect, a policy or po]icies 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, indemnifyin; all persons for any and all damages, personal injuries or property
damaQes sustained in or upon the premises of said leased properry, or any part thereof, as the
result of the negligence of LESSEE, his invitees, agents, servants or employees, and shall pay all
premiums due thereon when due. it is expressly provided that such insurance policy or policies
Lease Aareement - page 4
- 14. 1
shall and must be written and issued by a reputable insurance company or companies, with
LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris,
and LESSEE or his insurance carrier or carriers shall deliver a copy of any such policies to the
Ciry Clerk of the Ciry of Paris, 150 lst Street S.E., Paris, Texas 75460, or furnish to said City
Clerk a cunent letter or cenificate 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. LESSEE 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.
15. That LESSEE will not use, or permit the use of, said premises, ar any part thereof,
for any purpose which is determined dangerous or hazardous to the airport operation by Airport
Manager.
16. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, sCipulations and/or provisions herein contained, notice hereof shall be given in writing
to LESSEE by LESSOR's Airport Manager, giving LESSEE 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 writir.g, by certified mail, affording a hearing before the
Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airporr
Manaaer. After affording LESSEE such hearing, the Airport Advisory Board shall recommend
to the City Council that the Lease continue or be terminated, and thereafter the Ciry Council shall
take such action as it deems 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 properry,
or any portion thereof, for necessary municipal functions, such as extension of runways or erection
Lease Aareement - page 5
~ -141'~
of other airport facilities. In the event of either of the above contingencies, the LESSOR shall give
the LESSEE ninety (90) days notice, in writing, of its intention to so utilize the tract, or any
partion thereof, for the above specified purposes. In the event of either of the above
conungencies, the LESSOR shall have the option pursuant to Paragraph 8 of this Lease to satisfy
its obligation of compensation to LESSEE.
18. In the event LESSEE shall keep each and every agreemenC 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 LESSEE to renew and extend this Lease for a period of
TEN (10) years from and after the expiration of this agreement, which option may be exercised
by LESSEE 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 LESSEE 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 LESSEE 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 LESSEE 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 L,ease, the City of Paris will be obligated to pay to LESSEE
1/35th of the oriQinal cost of said hangar and apron, multiplied by the number of years remaining
in the primary term of this Lease, which ends March 31, 2033. In the alternative, in lieu of
payment for termination during the primary term of this Lease, the City of Paris may agree to give
LESSEE hangar space of equal quality, size and usefulness, at no expense to LESSEE, for the
remainder of the primary rerm of this Lease.
In the event that final terminaCion of said L,ease occurs during the first option, there shall
be no payment due LESSEE. However, the City of Paris may agree to give LESSEE hangar space
of equal quality, size and usefulness, and LESSEE is granted the right to lease such substitute
Lease Aareement - page 6
space for TEN (10) years for THIRTY-TWO THOUSAND FOUR HUNDRED AND NO/100
DOLLARS ($32,400.00), payable as aforesaid.
In the event that final termination of said Lease occurs during the second option, there shall
be no payment due LESSEE. However, the City of Paris may agree to give LESSEE hangar space
of equal quality, size and usefulness, and LESSEE are granted the righY 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 opCion, whichever is greater.
20. The terms of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LF.SSEE.
EXECUTED ON the dates shown in acknowledgments below.
ATTEST:
Mattie Cunnir.gham, City Clerk
APPROVED A TO FORM:
T. K. aynes, Ci Attorney
STATE OF TEXAS
COUNTY OF LAMAR
CITY OF PARIS, PARIS, TEXAS,
LESSOR:
By:
Michael E. Malone, City Manaaer
i
LESSEE
by RA Adams
BEFORE ME, the undersigned authority, on this day personaliy appeared Michael E.
Malone, Ciry Manager of the Ciry of Paris, Paris, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledQed 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 9th day of March, 1998.
ALICE M. PINAL70 Notary Public, State of Texas
Notary Puhlic, State oi Texas
Commission Expires 01•29-~~ Lease Aereement - page 7
- -1.4.4
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Toby Rex
Adams, 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 nf iviarch,
1998.
Notary Public, State o xas
Lease Areement - page S
-i45
SCALE: 1" - 80'
IIeing all that certain L-ract of land situated about 6.25
miles Southeast of the City of Paris, Lamar County, Texas, a part
of the H.B. Davis Survey, I+bstract No. 255 and a part of the same
land described in deed'from the United States of tvnerica to the
City of Paris, recordecl in Volume 308, Page 287 0l the Lamar
County Deed Records, and being further described as follows:
Commencing at a point for corner at the intersection of the
South line of I'.M. Iiighway 1508 with the East line of F.M.
Highway 150E1 situai:ed just South of the main entrance to Cox
I'ield Airport;
Thence North 53 Degrees, 59 Minutes, 20 Seconds East- a
distance of 1169.48 feet to an iron pin set at the Southeast
corner of this tract; '
Thence South 88 Degrees, 07 Minutes West a dist.ance of
210.00 ieet to an iron pin set for corner;
Thence North 1 Degree, 53 Minutes West a distance of 232.33
feet to an iron pin set for corner;
Thence North 89 Degrees, 11 Minutes, 10 Seconcls EasL• a
distance of 210.04 feet to an iron pin se{: ior corner;
Thence South 1 Degree, 53 Minutes East a distance of 228.41
ieet to the place of beginning, and containing 1.111 acres of
land.
I, R. I3randon Chaney, Registered ProLessional Land Surveyor
No. 9057, State of Texas, certify that t-he above Plai: and P'ield
Noi:es depict and represent an acLual Survey made on the Ueljly.t~N
under m supervision and iinished
:e. • fv:~'
' , 1996.
R.
4RANDON CHAN[Y
R. ]3randon Chaney, R.P.L.S.
c.y '~E~,~p~.'••pP
STATE OP' TEXAS l~b;~-,`~l~br%s`',:
~~.SUR~F'-l
COUNTY OT' LAMAR
13EP'ORE M1~, the undersigned authority, a Notary Public in an
for said County and State on this day personally appeared R. '
Drandon Chaney, known Lo me to be the person whose namQ is
subscribed to the toregoing instrumenL and ac)cnowledge to me
he executed same ior tlle purpose and consideration therein
expressed.
GIVEN UNDER MY IIAND •AND SEAL OF orrzcE, i:his
of A.D. 1998_
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- „.,.,148