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