2009-095-RES-Lease agreement between C.O.P. & Chad Parrott @ Cox FieldRESOLUTION NO. 2009-095
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 AND TOBY REX ADAMS FOR
PROPERTY AT COX FIELD AIRPORT TO CHAD PARROTT; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
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 Apri11,1998, 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 COUIVCIL 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 A1VD ADOPTED this 14th day of September, 2009.
~
esse Jam s Freelen, Mayor
ATTEST:
, i
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ' 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 AIVD 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 City 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~ day of (st l , 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-A.
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authoriry, 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 A~i~pSEAL OF OFFICE this day of2009.
A
'.•~~'.p'us(.,9~ ~ ~
_ pP C~ i
Notary Public, State of Texas
~~qrFx R~}'o
STATE OF TEXAS • •o~
~ 0911112f11711142~~~\~~~\\`\\\
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 /4' day of August, 2009.
Chad Parrott
The aforesaid assignment is approved and accepted by the Ciry 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
LEASE AGRI;EP7ENT
COLTiVTY OF LAVIAR )
~ 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 refened to as
LESSEE.
WITNESSETH
For and in consideration of the coiistruction of hangar at Cox Field Airport, in accordance
with plans and specifications approved by the City Engineec 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-West Taxi-way which will eventually tenninal 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 NO/100 DOLLARS
($32,400.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $270.00 on
or before March 1, 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 granting
of said firs[ option is subject to the requirements set forth in paragraph 18.
It is further agreed to by LESSOR and LESSEE that LESSEE shall hzv;, a second option
to renew such Lease for a period of TEN (10) years, the rental for the second renewal to be based
on eitlier S.06 per square foot or the fair market value at the time of the exercisina of such second
option, whichever is areater, puyable to the Ciry of Paris, a municipa] corporation, as follows:
The amounr determined at the time of the exercising of the second option is payable on or before
Lease 9greement - page i
EXHIBiT g
the 1 st day of March, 2043, with a like payment on or before the 1 st day of each month thereafter
during the remainder of the term of the second option, which ends March 31, 2053. The arantina
of said second option is subject to the requirements set forih in paragraph 18.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
L That LESSEE pay ro LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without nealect, default and delay.
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, recorded in
Book 308, Paae 287, Deed Records of Lamar County, Texas to which reference is made for all
purposes.
3. That LESSEE, his successors or assigns, agrees that, in the event facilities are
constiucted, 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, the LESSEE shall maintain and
operate such facilities and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Re.-ulations, 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.
4. That LESSEE, his successors or assigns, a(yrees 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 constiuction
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 otherwise be subjected to discriminarion; (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-
Leasc Aareement - page 2
Effecruation of Title VI of the Civil Riahts Act of 1964, and as said ReQulations may be amended.
5. That LLSSEE sha11 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, regulations, ordinances and
laws pert3ining to the use of the airport located at Cox Field, including but not limired to the Ciry
of Paris Airport Manual and Federal Aviation AdminisCration rules and regulations pertaining to
Cox Field, and in addition thereto wil] 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.
7. That LESSEE will use that portion of such premises in dleir possessions for private
hangar space and for aeronautical activities for which they hold permits issued by the Ciry 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 hanaar 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 fl1e course of using such premises for the permitted purposes, LESSEE
desires to build, at his own expense, a hangar building and apron in pursuit of such uses, LESSEE
will be so permitted upon application and approval for building permit or permits from the City
of Paris, of all steel construction, similar in appearance and construction to the existing enclosed
hanQars 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 City of Paris or the Federal Aviation Administration. It being agreed and understood that
LESSEE sball be responsible for electric utilities furnished to the hanDar builduig 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 (aood
I ease AQreement - page 3
condition as when completed, usual wear and tear alone excepted; and LESSEE wili, upon the
expiration of rhis Lease, peaceably yield up to LESSOR all and sinQular the premises and all future
erections, additions or repairs to or upon same, in oood repair, including but not limited to hangar
buildings, storaQe buildings, pernianent installation of equipment and fixtures, and fences.
10. That a11 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 the ternunation or expiration of this Lease.
11. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the
leased premises, and every part thereof, at all times for the purpose of inspecting and examining
Che condition thereof.
12. That LESSEE, with the consent of LESSOR, in writing, first had and obtained, has
the right to assign this Lease or sublet any part of the leased premises, widl such assignee having
all rights, privile;es 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, aQents, servants or employee's use, and
LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due
to the improvements located thereon, or hereafter constructed, or any otber condition of the
premises being improperly cons[ructed, maintained or being or becoming out of repair; LESSEE
hereby waives any defects therein and agree to hold and save LESSOR harmless from all claims
for any such damaQes or injuries, and LESSEE must, at all times during 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 sin,le occurrence for injury to or destruction
of property, indemnifying all persons for any and all damages, personal injuries or properry
damages sustained in or upon the premises of said leased property, or any part thereof, as the
result of the nealigence of LESSEE, his invitees, agents, servants or employees, and shal] pay all
premiums due thereon when due. It is expressly provided that such insurance policy or policies
Lease ARreement - pagc 4
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 Ciry Attorney of the City of Paris,
and LESSEE or his insurance carrier or carriers shall deliver a copy of any such policies to the
City Clerk of the Ciry of Paris, 150 lst Street S.E., Paris, Texas 75460, or furnish ro 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 amendinent 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 Che City of Paris, has been
issued to them for that specific purpose.
15. That LESSEF, 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 airpart operation by Airport
Manaeer.
16. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in writing
to LESSEE by LESSOR's Airport Manager, ;ivin(y LESSEE thirty (30) days to correct such
discrepancy, and, in the event such default, failure or refusal is not corrected within said thirry
(30) day period, a second notice, in writir.g, by certified mail, affording a hearulg before the
Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airport
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 property,
or any portion thereof, for necessary municipal functions, such as extension of runways or erection
Lease Aareement - page ~
of other airpon facilities. In the event of eitlier of rhe above continaencies, the LESSOR shall Qiee
the LESSEE ninery (90) days notice, in wriring, of its intention to so utilize the tract, or any
portion thereof, for the above specified putposes. In the event of either of the above
continUencies, the LESSOR shall have the option pursuant to Para;raph 8 of this Lease to satisfy
its obligation of compensation to LESSEE.
18. In the event LESSEE shall keep each and every agreement contained herein and do
and perform all the oblicyations required of them hereunder during the primary term of this Lease,
an option is hereby given and ;ranted 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 givincy 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 oiven and branted to LESSEE to renew and extend this Lease for a
period of TEN (10) years from and afeer the expiration of said first option, whieh second option
may be exercised by LESSEE giving notice, in writing, of their intention to renew said lease
ninery (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 Lease, the Ciry of Paris will be obligated to pay to LESSEE
1/35d1 of the original 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 durin- the primary term of this Lease, the City of Paris may agree to L'ive
LESSEE hanaar space of equal quality, size and usefulness, at no expense to LESSEE, for tbe
remainder of the primary term of this Lease.
In the event that final termination of said Lease occurs during the first option, there shall
be no payment due LESSEE. However, the Ciry of Paris may aaree to give LESSEE hangar space
of equal quality, size and usefuiness, and LESSEE is aranted the right co lease such substitute
I,ease Asreement - pa;e 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 fmal termination of said Lease occurs during the second option, there shall
be no payment due LESSEE. However, the Ciry of Paris may aRree to give LESSEE hangar space
of equal quality, size and usefulness, and LESSEE are granted the right 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
niarket value at the time of the exercisin; of the option, whichever is greater.
20. The terms of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LESSEE.
EXECtiTED ON the dates shown in acknowledgments below.
CITY OF PARIS, PARIS, TEXAS,
LESSOR:
By: eo~
Michael E. Malone, City Manager
ATTEST:
Nlattie Cunningham, Ciry Clerk
APPROVED A TO FORM:
T. K. aynes, Ci Attorney
STATE OF TEXAS
COUNTY OF LAMAR
,
LESSEE
~
by R c Adams
BEFORE ME, the undersigned authority, on this day personally appeared Michael E.
Malone, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose
name is subscribed to the fore-oin- instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN iJNDER MY I3AND AND SEAL OF OFFICE this the 9th day of March, 1998.
_
~a~v~.,~ ALICE M. PINALTO Notary Public, State of Texas
JO1° ~'~.e~n_
Nolary Puhlic,StateoiTexas
Lease AQreement - page 7
M., Commission Expires 01•29-00
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE NIE, the undersigned authority, on this day personally appeared Toby Res
Adams, known to me to be the person whose name is subscribed to the foreQoulg instrument, and
acknowledQed to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN LJNDER MY HAND AND SEAL OF OFFICE this the zs~- day of ivlarch,
1998.
~4- -
Notary Public, State o xas
Lease Aareement - page S
SCALE: 1'- e0'
IIeing all that certain L-ract of land situated about 6.25
miles Southeast of the City of Paris, Lamar County~r~eo~s~~e s~me
of the H.B. Davis Survey, AL~sLracL' No. 2.55 and a p
land described in deed'irom i:he United States of America to the
City of Paris, recorded in Volume 308, Pa9e 287 of the Lamar
County Deed Recorcls, and being further described as follows:
Commencing at a poini for corner at the inLersection of the
South line of I'.M. IIighway 1508 with the East line of F.M.
Highway 1508 situaL'ed just South of the main entrance to Cox
I'ield Airport;
Thence North 53 Degrees, 54 MinuLes, 20 Seconds EasL a
distance of 1164.48 feet to an iron pin set at the Southeasi:
corner of this tract;
Thence South IIII Degrees, 07 Minutes West a distance of
210.00 feet to an iron pin set for corner;
Thence North 1 Degree, 53 Minutes West a distance of 232.33
ieet to an iron pin set for corner;
Thence North 89 Degrees, 11 Minutes, 10 Seconcls EasL- a
distance of 210.09 feet to an iron pin sei: ior corner;
Thence South 1 Degree, 53 Minutes East a distance of 228.41
feet to the place of beginning, and containing 1.111 acres of
land.
I, R. Brandon Chaney, Registered ProLessional Land Surveyor
No. 9057, State of Texas, certif:y that the above Plat and rield
Notes depict and represent an acLual Survey made on the g,]~oqftt~x r
under m supervision and finished .~~,i'si~i=;.•:.9~,
199f3. `E
r~.
• ~R. pRANDON CHANEY )
R. Brandoi~ Chaney, R. P. L. S. , I - 7~~•c,~/V~ S U R`~`F'yoQ`
STATr OI' TEXAS
COUNTY OT' LAMAR
T3Er'ORE MI3, the undersigned autllority, a Notary eabe~cR~.n an
for said County and State on this day personally app
Drandon Chaney, known to me to be the person whose namo is
subscribed to the foregoing instrument and ac)cnowledge to me
he executed same ior tlie purpose and consideration therein ~ H.
expressed. ~ l~C't~Y Y 1 U6. 01
GIVEN UNDER MY IInND •I~ND SEI~L OI' OI'I'ICr, t111s / 0; _
of 'C_A.D. 1998.
0u
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