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2196 RES CITY COUNCIL RECEIVED REQUEST FROM ROGER ALLEN BOXWELL TO LEASE PROPERTY AT COX FIELDRESOLUTION N0. 2196 WHEREAS, the City Council of the City of Paris, has received a request fronl ROGER ALLEN BOXWELL, to lease property at Cox Field, Paris, Texas, for the purpose of erecting a building in which to conduct an aeronautical activity; and, WHEREAS, it is deemed to be in the best interest of the Cox Field operation and the City of Paris that aeronautical activities for the flying public be encouraged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: that the City Manager, Robert W. Sokoll, be, and is hereby authorized and directed to execute the 35 year lease with Roger Allen Boxwell for property located at Cox Field, Paris, Texas, upon the terms and conditions and upon the form attached hereto as Exhibit "A". Passed and adopted this 9th day of August, 1982. o o-u Jo Graham, Mayor ATTEST: H. C.`Gre e, City Clerk APPROVED AS TO FORM: r T. K. aynes, City Attorney EXHIBIT "A" LEASE AGREEr1ENT STATE OF TEXAS X COUNTY OF LaMAR ~ KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its City Manager, ROBERT W. SOKOLL, duly authorized, hereinafter referred to as Lessor, and ROGER ALLEN BOXWELL, of Lamar County, Texas, hereinafter referred to as Lesee, WITNESSETH; For and in consideration of the sum of EIGHTEEN THOUSAND A1VD N01100 ($18,000,00) DOLLARS, payable to the CITY OF PARIS, a municipal corporation, as follows: $150.00 on or before August 1, 2007, with a like payment on or before the 1st uay of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto ROGER ALLEN BOXWELL, that partion of Cox Field property described on 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 August, 1982, and ending on the 31st day of July, 2017, IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessee: , l. 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 or 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 Ainerica 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, his successors or assigns, agrees that in the event facilities are constructea, 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 ser.vices or benefits, the Lessee shall maintain and opErate such facalities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretar.y, Part 21, Nondiscrimination in Federally-assisted pragrams 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, agrees that (1) no person on the grounds of race, color or national orgin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) 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 otherwise be subjected to discrimination, (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Off ice 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. 5. That Lessee shall comply with all conditions and requirements estadlished 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 pertaining to the use of the airport located at Gox Field, including but not limited to the City of Paris Airport Manual and Federal Aviation Administration rules and regulations pertaining to Cox Field, and in addition thereto will abide by and comply with all ordinances of the City of Paris and all laws of the State of Texas governing citizens and property within the City of Paris. 7. That Lessee will use such premises for aeronautical acti.vities for whi_ch he holds a permit issued by the City of naris in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris. That if in the course of using such premises for the permitted purposes, Lessee desired to build at his own expense a hangar building and apron in pursuit of such uses it will be so permitted upon application for building permit, including a site plan, upon the property described in Exhibit "A" attached hereto and in the event of a termination of this lease by the City of Paris as permitted her.ein during the first Twenty-five (25) years of said lease, the City of Paris will be obligated to pay to Lessee 1/25th of the original cost of said hanger and apron multiplied by the number of complete years remaining into August 31, 2007. In the event that final termination of said lease occurs during the final ten (10) years of said lease, there shall be no payment due lessee, 9. That Lessee will take good care of the leased premises and be responsible and make good to Lessar all injuries and damages to t.he same caused by Lessee or those under him and will deliver same to I.essor at the expiration or term- ination of this lease in as good condition as when corapleted, 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 Zimited to hangar buildings, storage buildings, permanent installati.on of equipment and fixtures and fences. 10. That it shall be lawful for Lessor's Airport Manager to enter upon and into the leased premises and every part thereof at all tiznes for the purpose of inspecting and examining the condition thereof. 11. That Lessee will not assign this lease or sublet the leased premises or any part thereof wi,thout the written consent of Lessor first had and obtained. 12. That Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and a11 damands, debts, liabilities, suits, claims atzd causes of action of every kind and character whatsaever for damage or injuries to persons and/or property occur_ring on the leased premises resulting from Lessee's, his invitees, agents, servants or employees' 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 other condition of the premises being improperly constructed, maintained or being or becoming out of repair, Lessee hereby waiving 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 agreement, and any extensions thereof, keep and main- tain in full force and effect a policy or policies of insurance providing at least $100,000.00 per person and $300,000.00 for any single occurrence for bodily injury or death and $10,000.00 for any single occurrence for injury to or destruction ef property, indemnifying all persons far any an.d all damages, personal. injuries or property damages sustained in or upon the premises of said Ieased property, 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 ex- pressly provided that such insurance policy or policies shall and must be written and isslied hy a reputable insurance conlpany or companies, 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 City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such c.ompany or companies, evidencinb the fact that such insurance is in full force and effect at all times during this lease and any extension thereof, 13. Lessee w ill not rent the premises or any part therof for aircraft storage unless a permit under Article II, Chapter 6, of the Code of C)rdinances of the City of Paris, has been issued to him for that specifie gurpose. 14. That Lessee will not use or nermit the use of said premises or any part thereof for any purpose which is determined dangerous or hazardous to the airport operation by the Airport Pianager, , 15, Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein containeci, noti.ce thereof shal_1 be given in writing to LEssee by Lessor's Airport Tfanager, giving Lessee thirty (30) days to correct such discrepancy, and in the event such default, failure or refusal is not corrected witnin said thirty day period a. second notice in writing by certified mail, aff_ording a hearing before the Airport Advisory Boar_d on a day certain, shall be given to Lessee by Lessor's Airpoxt Manager. After affording Lessee such hear.ing the Airport Advisory Board shall recommend to the Cit.y Council that the lease continue or be terminated, and ther..eafter the City Council shall take such action as it deems necessary. 16. That the City muy at its aption terminate this lease as to the entire tract, or any part thereof, which may be necessary, in the event the City desires to use the property, nr any portinn t.her_eof, for necessary municipal functions, such as extension of runways or erection af other airport facilities. In the event of either of the above contingencies the City shall give the Lessee ninety (90) days notice in writing of its intention to so utilize the tract, or any portion thereof, for the above specified purposes. 17. Lessor guarantees Lessee access to the leased property at all times during the term of this lease. 18. Th.e terms of this lease are binding on and the benefits herein inure to the heirs, adrninistrators and executors of Lessee. Executed on the dates shown in acknowledgements below. CITY OF PARIS BY • ~4z Ro ert W. Sokoll, City Manager ATTEST: LE S S OR H. C. re e, City Clerk Roger. Allen Boxwell LESSEE STATE OF TEXAS ~ COUNTY OF LAMNR ~ BEFORE ME, the uridersigned auth.ority, on this day personally appeared ROBERT W. SOKOLL, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity there- in stated. GIVEN UNDER 1%IY HAND AND SEAL OF OFFICE, this day of 1982. - - " ~ n r ~ t. N~tary P b ic, State of Texas STATE OF TEXAS f COUNTY OF LAMAR I BEFORE ME, the undersigned authority, on this day personally appeared ROGER ALLEN BOXWELL, known to me to be the person whose name is subscribed to tlze 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 1982, Notary/Pu ic, l5tate o Texas EXHIBIT - A TRACT 1 f 100' x 50' NO SCALL- TRACT 1 rILLD NOTES: ~ + 0 0 Situat.ed a;,out S 2 n:iles East oi the City of ?'aris, Lamar County, Texas; beinc; apart of the T,7illiam Scott SarveyT, Abstract N0. 656; and being a part of tne C;ox Fiela Airuart fucility pro..erty; B:GINNiNG at a steel rod set f.o.r co-rner, said point being 1260.5 feet right or "sI:esterl~% irom North-South rumway Station 24+62.6, as shown on F.A.A. Project P70.~E-48-0169-01, on file at the Paris City Enaineer's Of£ice, Paris, Texas; Ti:?',NCE Northerlv parallel to said runway, 100.0 feet to a steel rod set for corner; T'r'.ENCF Westerly perpendicular to said runway, 50.0 feet to a steel rod fo-r corner; THIENCE Soutnerly parallel to said runway, 100.0 feet to a steel rod set fc,r corner; T:?EVCE rasterly perpendicular to said runiaay, 50.0 feet to the place of becrznnina containing 5,000 sq. ft. of area. I, P117K;; S. ?^.;RIG11T, do hereby certify that the i ield notes hereon truly and correctly renresent a survey ::ade b~~ me on the r_raund the 5th day of.. August, 1982. j , Registered Public Surseyor No. 2103