2012-022 RES APPROVING ASSIGNMENT OF GROUND LEASE BETWEEN WILIAM T BOOTHE AND MAGNUM PERFORMANCE FOR HANGAR AT COX FIELD AIRPORTRESOLUTION NO. 2012-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AN ASSIGNMENT OF GROUND LEASE
BETWEEN WILLIAM T. BOOTHE AND MAGNUM PERFORMANCE,
INC. FOR A HANGAR AT COX FIELD AIRPORT; 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 22nd day of June
2009, in Resolution No.2009-066, authorize the execution of a Ground Lease Agreement with
William T. Boothe for property at Cox Field Airport for a term of Thirty (30) years, beginning
June 22, 2009, and ending June 21, 2039; and,
WHEREAS, William T. Boothe has expressed his desire to transfer and assign all of his
right, title and interest in said ground lease to Gene Swbota, d/b/a Magnum Performance, Inc.
and Gene Swbota has expressed his desire to accept such assignment; and,
WHEREAS, the form of the Assignment of Lease from William T. Boothe to Magnum
Performance, Inc., 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, THAT:
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 William T. Boothe to
Magnum Performance, Inc., attached hereto as Exhibit "A", for property at Cox Field Airport, be,
and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
acknowledge approval, on behalf of the City of Paris, of the Assignment of Lease from William
T. Boothe to Magnum Performance, Inc., by signing the same in the form shown in Exhibit "A",
attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 27th day of
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, rty Attorney
ASSIGNMENT OF LEASE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
I, William T. Boothe, of Paris, Lamar County, Texas, ("Assignor"), 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 Magnum Performance, Inc., 50 County Road
13200, Blossom, Lamar County Texas 75416 the receipt and sufficiency of which is hereby
acknowledged, do hereby assign, transfer, and convey unto Magnum Performance, Inc.
("Assignee"), all my right, title and interest in that Ground Lease Agreement dated June 22,
2009, by and between the City of Paris, Texas, and William T. Boothe, 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 and incorporated herein as Exhibit "A".
EXECUTED this 27th day of February, 2012.
'T
William T. Boothe ^
ACCEPTANCE OF ASSIGNMENT
I, Gene Svobota, Director of Magnum Performance, Inc., a Limited Partnership 50
County Road 13200, Blossom, Texas 75416, "Assignee" in the above described Assignment of
Lease do hereby covenant and agree to assume and accept the obligations and responsibilities of
Assignor William T. Boothe, under the above-referenced Ground Lease Agreement attached
hereto as Exhibit "A".
Gene Svobota, Director
Magnum Performance, Inc.
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 NpE~t ~I~]yp~J~D S~ L OF OFFICE this~ d y of February, 2012.
: ~?µY "plUe ~y JERNNA SCQTT
~ °-~_~,,;;Notary Public
I STATE OF TEXAS
My Canm. Exp. 01/26/2015 t Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Gene Svobota,
owner, Magnum Performance, Inc. known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same far the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of February, 2012.
Notary Public, State of Texas
The aforesaid Assignment of Lease is approved and accepted by the City of Paris, Texas,
on this the 27th day of February, 2012.
Gene Anderson, Interim City Manager
GROUND 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 new airplane hangar, concrete apron and
related improvements as further described herein and the payment of the monthly ground lease
rental to the LESSOR as provided herein LESSOR does hereby lease, rent, and let unto LESSEE
that portion of Cox Field real property more particularly described in Exhibit "A," attached hereto
and made a part hereof for all purposes, hereinafter referred to as the property or leased premises.
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 to his satisfaction and accepts the Leased
Premises in its present ("as-is") and ("where-is") condition unless expressly noted otherwise in
this Lease. LESSOR its officers, employees and agents make 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 has 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.
LESSEE shall be solely responsible for maintenance of the leased premises and for
providing insurance coverage on the leased premises and any improvements thereon upon the
effective date of this Lease.
Hanear Lease AEreement - page 1
EXHIBIT
This Lease shall be effective as of the date last signed by the parties hereto ("Effective
Date"). The term of the Lease shall be for a period of thirty (30) years, beginning on the effective
date, and ending thirty (30) years thereafter ("Initial Term").
The monthly ground lease 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 monthly rate increase, LESSOR shall, on 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 Leased Premises and all
improvements, additions, alterations and fixtures shall become the property of LESSOR without
compensation to LESSEE. LESSOR shall solicit competitive quotes for the lease of the hangar
and related improvements upon such terms and conditions and for such lengths of time as the
LESSOR in its sole discretion sha11 determine. LESSOR's right to reject all quotes and to solicit
new quotes when LESSOR deems such action in LESSOR's best interest is hereby preserved.
Based on the results of said solicitation for quotes to lease the hangar, the LESSOR shall determine
the quote which represents the highest and best quote meeting all criteria established by the
LESSOR for rental of the property. When the LESSOR has determined the highest and best
quote, the LESSOR shall thereafter offer LESSEE the opportunity for thirty (30) days to lease the
Hanear Lease A¢reement - page 2
premises and improvements on the same terms and conditions as applicable to the best quote
obtained by LESSOR. LESSEE shall, within the thirty (30) day option period, provide notice to
LESSOR in writing as to whether or not LESSEE desires to re-lease the facility upon the terms
provided by LESSOR. If the LESSEE declines to match LESSOR's best quote, or fails to
respond within the designated thirty (30) day period, then the LESSOR may proceed in leasing the
hangar and facilities to the person providing the best quote to LESSOR, and the LESSOR's
obligation to LESSEE under this right-of-first-refusal shall have been satisfied.
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
and other good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
That LESSEE shall pay to LESSOR at the Finance Department, 135 lst Street SE,
City Hall in the City of Paris, a monthly ground lease rental payment in the initial amount of
twenty dollars ($20.00) per month in advance, promptly and without neglect, default, or delay.
The first rental payment shall be due and payable within ten (10) days of the effective date of this
Lease Agreement and thereafter by the tenth (10'h) day of each month throughout the term of this
Lease Agreement and any renewals thereof. At LESSEE's option, LESSEE may prepay the rent
for the entire yeaz in advance.
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.
Payments received shall be applied in the following order: (1) interest accrued for late payments,
(2) late payment charges, (3) past due rent, beginning with the oldest amount due, (4) other past
due amounts, (5) rent currently due, (6) other amounts currently due. 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, recorded in
Book 308, Page 287, Deed Records of Lamar County, Texas, to which reference is made for all
purposes.
3. That LESSEE shall build, at LESSEE's sole cost and expense, an airplane hangar
building of a minimum internal size of 2,000 square feet, along with accompanying apron and
appropriate taxi lane for access (as further described and depicted in Exhibit "B" attached hereto
Hanaar Lease Aereement - page 3
and incorporated herein by reference), 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 all other rules and regulations of the City of Paris, the Texas Department of
Transportation and the Federal Aviation Administration.
LESSEE agrees to commence construction of the hangar and related improvements upon
approval of plans and specifications by LESSOR and receipt of building permits and to complete
construction of the hangar, and other improvements (as more fully described in Exhibit "B"),
within eighteen (18) months following the effective date of this Lease. Failure on the part of
LESSEE to complete construction of the hangar and other improvements described herein within
eighteen (18) months, except for reasons of force majeure, shall be grounds for termination of this
Agreement.
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 plans to be
submitted by LESSEE shall employ essentials of aesthetics, convenience, function and design, and
the proposed improvements shall be compatible in such respect with other improvements at Cox
Field. Upon approval of such preliminary plans, LESSEE shall prepare final 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 the improvements
to be constructed, a provision requiring all contractors to indemnify, hold hannless, defend and
insure LESSOR, its officers, agents, and employees, against all risk of injury, death 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 and
subcontractors working on the Leased Premises to furnish proof of general commercial liability
insurance and workman's compensation insurance in the minimum amounts of $250,000 per
occurrence and $500,000 aggregate for general commercial liability and the statutory minimum
limits for workman's compensation insurance for its employees as required by the State of Texas.
In the alternative, the LESSEE himself may provide the indemnity and liability insurance
otherwise required of contractors.
Hanear Lease Aereement - page 4
All plans and specifications referred to herein and all construction, renovation, remodeling,
or refurbishing to or upon the leased premises shall meet all current building codes and
development codes of the City of Paris, the Texas Department of Transportation and the Federal
Aviation Administration codes and the construction materials to be used on the improvements to
be submitted and approved by LESSOR prior to construction. 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 or 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 additional improvements or alterations to the original structure made in the future by
LESSEE.
4. At the end of the Initial Term of this Lease, or upon earlier termination as provided
herein, ownership of the hangar building, apron, and other related improvements and/or alterations
authorized by and constructed pursuant to this Lease shall revert to LESSOR without
compensation to LESSEE, it being understood and agreed by LESSEE that transfer of title to
LESSOR of all buildings and improvements located on the Leased Premises at the end of the
Initial Term is part of the consideration for this Ground Lease Agreement.
5. 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 sha11 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
Hangar Lease A¢reement - page 5
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.
6. That, except as otherwise provided herein, LESSEE will use the leased premises
only for aviation purposes, and administrative offices, and in any lawful manner necessazy or
incidental to the conduct thereof.
7. LESSOR hereby grants, assigns, and conveys to LESSEE reasonable non-exclusive,
non-discriminatory 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 thereof. The LESSEE shall pay reasonable and customary fees, if any, for
the use of such portions of the Airport.
8. 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 operation of aircraft in said airspace, and for landing on, taking off from or operating on the
Airport.
9. That LESSEE agrees not to make any additions or modifications to the leased
premises or improvements unless agreed upon by both parties in writing and following review and
approval of the additions or modifications by the City Engineer and City 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.
10. 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
Hanear Lease Agreement - page 6
automobiles, buses, trucks, or other vehicles must be parked or stored in approved automobile
parking areas and/or inside any hangar, unless other specific arrangement is agreed to by any
authorized official of LESSOR in writing.
11. LESSEE agrees not to fuel or defuel any aircraft parked inside any hangax.
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.
12. LESSEE agrees that it will not operate any nonaviation-related business or activity
on the leased premises.
13. 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
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 LESSOR, 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
Hanear Lease Aereement - page 7
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 improvements be
responsible and make good to LESSOR for all injuries and damages to the same caused by
LESSEE or those under LESSEE's control, and will deliver the leased premises and improvements
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.
17. Should LESSEE fail to keep the leased premises clean and free of trash, litter, tall
grass, weeds, junked vehicles, scrap parts and hazardous materials, LESSOR may, after thirty (30)
days written notice, arrange for the clean-up of the littered or hazardous area. The cost for said
clean-up shall be charged to LESSEE and payable upon demand. Failure to render prompt
payment for such clean-up services and/or repeat violations of the covenant to keep the leased
premises and improvements clean, cut and free of trash and hazardous materials shall be grounds
for LESSOR to terminate this Lease.
18. 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
Han¢ar Lease A¢reement - page 8
necessary repairs to the leased premises and improvements both ordinary and extraordinary,
foreseen and unforeseen, and will make all necessary replacements to the improvements of like
quality when the improvements are 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 order at all times and shall remove snow and
ice therefrom when necessary.
19. In the event LESSEE fails to comply with the paragraph above, LESSOR may
notify LESSEE in writing that such maintenance, repair, replacement, or cleaning shall be done,
and in the event that LESSEE fails to correct the condition within fifteen (15) 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. Provided, however, if the maintenance, repair, replacement or
cleaning cannot reasonably be completed within fifteen (15) days, LESSOR and LESSEE shall
agree to a reasonable time period to complete the work. In the event LESSOR and LESSEE
cannot agree on a reasonable time, LESSEE shall provide written notice to LESSEE of the date by
which the work must be completed.
20. 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.
21. 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.
22. 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
d) aerial photography
Hanaar Lease Aereement - page 9
e) crop dusting
f) sale of aviation petroleum products
g) air carrier operations
h) aircraft sales and service incidental thereto
i) any other activity which, because of its direct relationship to the operation
of aircraft, can be regarded as an aeronautical activity.
23. 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.
24. 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.
25. That LESSEE will not assign this Lease or sublet the leased premises or any part
thereof without the express written consent of LESSOR, by Resolution of the Paris City Council
and by written authorization 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.
26. 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
Secretaxy, 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.
27. 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.
28. 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
Han¢ar Lease Aereement - page 10
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.
29. That LESSEE shall comply with all conditions and requirements established in all
Grant Agreements between the Texas Department of Transportation, Federal Aviation
Administration and the City of Paris.
30. 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 located within the City of Paris, Texas.
31. 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
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
Hangar Lease A¢reement - page i l
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.
32. That LESSEE shall during the term hereof maintain at LESSEE's sole cost and
expense an insurance policy relating to the leased premises and improvements as follows: (1)
Insurance against loss or damage to improvements by fire, lightning, vandalism or mischief and
other risks from time to time included under a property casualty policy or policies in an amount not
less than the full replacement value of the hangar and all other improvements associated with the
specific hangar and hangar facilities; 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 or copy of the insurance policy shall be furnished on or before the
effective date of this lease and on or before each anniversary thereafter to LESSOR.
33. That LESSEE agrees to obtain and maintain construction liability insurance
("Builder's Risk" policy) at all times when demolition, excavation, or construction work is in
progress on the leased premises. This insurance shall be carried by insurance companies licensed
and authorized to transact business in the State of Texas, selected by LESSEE and approved by
LESSOR, and the cost for said insurance shall be the sole expense and cost of LESSEE. This
insurance policy shall have limits of not less than $250,000.00 per occurrence and $500,000.00
aggregate for property damage and personal injury and shall protect both LESSOR and LESSEE
against loss or liability during construction of the improvements to the Leased Premises. The
City of Paris, its elected officials, officers and employees shall be named as an additional insured
on the Builder's Risk Policy.
34. 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
Han¢ar Lease A¢reement - page 12
damage or injuries to persons and/or property occurring on the leased premises resulting
from LESSEE's, LESSEE's tenants, invitees, agents, servants or employee's use, and
LESSOR shall not be liable to LESSEE, LESSEE's tenants, invitees, agents, servants,
employees or visitors due to the improvements located thereon, or hereafter constructed, or
for any other condition of the leased premises being improperly constructed, maintained or
falling 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 or any extensions thereof, keep and maintain, in full
force and effect, a policy or policies of general commercial liability 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,
indemnifying all persons for any and all damages, personal injuries or property damages
sustained in or upon the leased premises or the improvements located thereon, or any part
thereof, as the result of the negligence of LESSEE, LESSEE's tenants, invitees, agents,
servants or employees, and LESSEE shall pay all premiums due thereon when due.
35. 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 licensed to write insurance policies in the State of Texas, with LESSOR, its
elected officials, officers and employees covered as an additional insured. LESSEE or LESSEE's
insurance carrier or carriers shall deliver a copy of all such policies or properly executed Accord
Insurance Certificates to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas
75460, evidencing the fact that such insurance is in full force and effect at all times during the term
of this Lease, and any extension hereof, and specifically noting thereon that LESSOR, its elected
officials, officers and employees are covered as 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. That
LESSEE agrees that if at any time 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.
Han¢ar Lease Agreement - page 13
36. That, in case of any damage to or destruction of the buildings, structures, and
equipment on the leased premises, or any part thereof, LESSEE will promptly give written notice
thereof to LESSOR, generally describing the nature and extent of such damage and/or destruction.
37. In case of any damage to or destruction of the buildings, structures, improvements
and/or equipment on the leased premises, or any part thereof, LESSEE, shall, whether or not the
insurance proceeds, if any, payable on account of such damage andlor destruction are sufficient for
such purpose, promptly commence and complete the restoration, repair, and replacement of said
buildings, structures, improvements and/or equipment on the Leased Premises as nearly as
possible to their value, condition, and character immediately prior to such damage and/or
destruction, with such alterations and/or additions thereto as may be approved in writing by
LESSOR (hereinafter sometimes referred to as the "Restoration"). All costs and expenses related
to the Restoration shall be the sole responsibility of LESSEE.
All insurance proceeds, if any, payable on account of such damage to or destruction of the
leased premises, buildings, structures, and equipment on the leased premises shall be payable to
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.
38. Insurance proceeds received by LESSOR on account of any damage to the leased
premises or any improvements thereon (less the costs, fees, and expenses incurred by LESSOR
and LESSEE in the collection thereof, including, without limitation, adjuster's and attorney's fees,
court costs and other related expenses), shall be applied as follows:
A. Net insurance proceeds as above defined shall be paid to LESSEE or as LESSEE
may direct to LESSEE's Contractor from time to time as Restoration progresses to
pay (or reimburse LESSEE for) the cost of Restoration, upon written request of
LESSEE to LESSOR 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
Hanear Lease Aereement - page 14
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 following review
and acceptance of all repairs to the Leased Premises and improvements located
thereon, by the City Engineer and City Building Official, and a properly executed
and recorded Release of All Liens signed by all contractors, subcontractors and
material or labor providers on the restoration project, the balance of the insurance
proceeds, 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 of the improvements,
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 fails to commence or proceed to
diligently complete Restoration of the improvements within said thirty (30) day period, LESSOR
shall retain the insurance proceeds, and LESSEE shall pay any deficiency if such proceeds are not
sufficient to complete the Restoration.
39. That LESSEE shall not rent or sublease the leased 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 LESSEE for that specific purpose.
40. That LESSOR has the right to take 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.
41. 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
Hanear Lease A¢reement - page 15
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.
42. 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 for security fees.
43. 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.
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, andlor 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.
Hanear Lease A¢reement - page 16
44. 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.
45. In addition to the other grounds for default and termination as provided herein, 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
notice by LESSEE, unless LESSEE posts a bond within this time period equal to
the amount of the lien.
46. In the event of any default by 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
Hanaar Lease Aereement - page 17
period of thirty (30) days after the payments become due, then LESSEE shall be in default under
this Lease.
47. 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 during the pending of the force majeure
event.
48. 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.
49. 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.
50. In the event of any such termination as decribed herein, LESSOR shall have the
right at once and without further notice to the LESSEE to enter and take full possession of the
leased 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.
51. 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
Hanear Lease Agreement - page 18
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.
52. 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 or pursuant to any
lawful order from the State or Federal government.
53. 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 any governmental purpose as determined by LESSOR,
such as, but not limited to, extension of runways or taxiways, utility or drainage improvements, or
the expansion of existing buildings or the erection of other Airport facilities. If LESSOR
determines that it needs to terminate all or a portion of this lease for the stated reasons, LESSOR
shall give the LESSEE ninety (90) days notice, in writing, of its intention to so utilize or take the
Leased Premises, or any portion thereof, for such purposes. In the event this option is exercised
by LESSOR, LESSOR will be obligated to pay to LESSEE 1/30th of the original cost of said
hangar, apron and other fixed improvements multiplied by the number of years remaining in the
Initial Term of the lease which ends June 30, 2039. This payment shall constitute LESSEE's sole
consideration, payment and remedy, for the loss of the ground lease and LESSEE's use of the
Hangar and other related improvements to the Leased Premises for the remainder of the Initial
Term. In the event that termination of said lease occurs during the final TEN (10) years of the
Initial Term of said lease, the City of Paris will not be obligated to pay to LESSEE any
compensation for the remainder of the lease term. In the alternative and in lieu of payment for
termination of the ground 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 Initial Term of this
Han¢ar Lease A¢reement - page 19
lease. In no event shall LESSOR be liable for any claims of lost profits, lost benefit, unlawful
takings, consequential damages or other damages of any kind as a result of termination under this
paragraph.
54. 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.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. That a11 notices required under this Lease must be given by certified mail or
registered mail, addressed to the proper party, at the following addresses:
LESSOR
City Manager, City of Paris
P. O. Box 9037
Paris, TX 75461-9037
LESSEE
William T. Boothe
2563 CR 43200
Powderly, Texas 75473
Hanear Lease Aereement - page 20
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.
61. 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.
62. 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.
CITY OF PARW. LESSO
By:
carrutn,
ATTEST:
ice Ellis, City Clerk
APPROVED AS RM:
W. Kent Mc yar, ' ttorney
LESSEE
A;>.~ ~~,~1 / , ~-1~!,,-~ ~~1.
Name: William T. Boothe
Han¢ar Lease Aereement - page 21
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 thekdy
day of cyL . D. ,
2009.
ALICE M. PiNAlTO ` c
NOTARY PUBLIC ~
•tATe oF ~w►s No y Public, State of Texas
Mr Cbnnnk~on E~k~s 01-49-2012
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.
~ ALICE IN, PINALTO Notary Public, State of Texas
MOTAR1f PUBLIC
STATE OF TEXAi
Oanrai~on E~s Ot.lalOt!
Hanear Lease Aereement - page 22
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Rmference Bcoring: Center Ifne of North%5outn Kunwcy
CP No. 480891 0008 A tHf3M
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EXHIBIT
Jim NelsQn
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- . : Nelsan Surveying Company
920 North Main Streefi Paris, ?pxas 75460
903-7$5-3551 fax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net
Jim Nelson, owner
J. M. Nelson, Registered Professfonal Land Surveyor of Texas, #4025
olek-10251cP-sootne wscorrpnscs
'EIE1..A-N-01im
Situated within the Lirnits of the City of Paris, Caunty of Lamar, and State of Texas, part of the William
Scott Survey #856, and being part of a called 1552.97 acre tract aF land conveyed to the City of Paris by
deed recorded in Vol. 308, Page 287, in the Deed Records, of said Caun#y and State, said Ciry of Paris
1552.97 acre ttact being known as the Cox Field Airpvrt property.
Beginning at a'/z" capped (NELSON SURVEYiNG) iron pin (s) for corner, said corner being North
58°Z7'03" East a distance of 2021.67 feet from a%' iron piA (f) at an ei comer of said City of Paris
1552.91 acre tract.
Thence North 0°00'33" West a distance of 50.00 feet to a'1:" capped (NELSON SURVEYING) iron pin
{S} fpr corner;
Thence North 89°59'28" East a distance of 40.00 feet ta a'/i' capped (NELSON SURVEYING) iron pin
(s) for comer,
7'henae South 0°00'93" East a distance of 50.00 feet to a'/z" capped (NELSaN SIJRVEYING) iron pin
(s) for corner, said carner being North 0°00'33" West a distance of 5.00 feet from the Northeast corner of
the concrete apron an the East side of Hanger A;
Thence South $9°59'28" West a distance of 40.40 feet to the Kilace of beginning and containing 0.046
acres of land.
I, J.M. Nelson, Registered Professional Land Sunreyor of Texas, 94025; certify to fhe City of Paris
and Wi(fiam Bbothe, that the abave depioted and described tract ot fand was taken from an actual survey
made on the ground and completed by me on the 6th day of February, 2009, and that the Plat, the Field
Nbtes, and the Legend/Generaf Notes, are to be one documen nd are to be recorded as one.
~ ~ -z- -c _0 p
J.M. NeNson, RPLS of Texas, #4025 date
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Commercial Plan Review Comments
PARf S, 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 DDES NOT INCLUDE ANY ZONING, SITE PLAN REVIEWS, REQUIRED SETBACKS, PUBLIC WORKS, PARIUNG, DRIVES AND APPROACHES, HEALTH,
OTHER BUILDING CODE REVIEWS, FL000 PLAIN ISSUES, LANDSCAPING RE'VIEWS, PHOTOMETRIC SfTE PLAN REVIEWS, SIGNAGE, ETC.
"Texas Liquor Licensing and permits required through TABC & City"
NO IAMENDMENTS 11
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 Wall - Re uired
NO
Roof T e Minimum - Re uired
B
Number of Stories
ONE
Building Floor Area & Occupant Load
Floor
SF
OL
1st
2000
4
Total =
2000
4
Fire Alarm
NO
Automatic Fire S rinkler S stem
NO GROUP tll NOT REQUIRED NFPA409
Corridor Ratin - Re uired
NIA
Attic Draft-sto s- Re uired
NO
Exterior Walls Rated/Protected - Required
Fire Se sntlon Distance
NO
Fire Barriers Fire Areas/Occ. Se - Re uired
NO
Incidental UseslFire Barriers - Required
Non•Sprinkiered: 45-minute refed doors, seN-closing or aulomafic-
closin . Duct eneha6on/o enin s r uire fire dam ers_
NO
Incidental UseslSmoke Barriers - Required
Fire Sprinklered: Doors seff-dosing or automatic-clating upon
detection olsmoke. Ducf enehalior✓o enin s re uire smoke dam rs.
NO
Post Room Capacity Signage near main exit.
"Maximum Occu ant Load: xxx "
N!A
Maximum Common Path of E ress Travel
75'
1000 Jupiter Road
Swte 800
Plano, T'X 75074
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EXHIBiT
Main: (800) 906-7799
Fax: (800) 970-8284
www.BVbuildingsafety.com
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General Comments
Provide Engineered Drawings or Engineers Letter For Metal building and Foundation. ( Required by Texas engineering
Act) (COMPLIED 3/23)
2.
Building Code
2003 IBC
Means of Egress
2003 IBC
1.
AccessibilitY Code
2003 IBC & ANSI A117.1-1998 w/
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 Standards and the
requirements of fhis Chapfer shall comply.
Plumbinq Code & Fuel Gas Code
2000 IPC & IFGC
Mechanical Code
2000 IMC
Electrical Code
2402 IEC
Energy Code
2000 IECC
Fire Code
1994 Standard Fire Prevention Code
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ieae MAY 12 2009
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Plans RevieweG
Plans not ualid withouf attached review nofes
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A.NiD SQNs
CONCRETE COIYTftACTORS, INC.
4725 LAMAR AVE. PARIS, TEXAS 75462
903-785-0430 FAX 903-785-4424
Date 3 (s a9
Page Of-_Pages
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903-785-0430 FAX 903-185-4124
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