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12 - LEASE REASSIGNMENT AT COX FIELDItem No. 12 memorandum TO: City Council John Godwin, City Manager FROM: Shawn Napier, P.E., Director of Engineering, Planning & Development SUBJECT: LEASE REASSIGNMENT AT COX FIELD DATE: June 1, 2015 BACKGROUND: Mr. Bill Booth signed a ground lease agreement for a private hangar in June 2009. The ground lease agreement was for a 30 -year period and will expire on June 21, 2039. The hanger that Mr. Booth constructed is referred to as hanger J and is located at the very northeast edge of the hangar complex. The lease agreement was reassigned from Bill Booth to Gene Svoboda (General Partner of Magnum Performance, L.P.) in February 2012. Mr. Gene Svoboda passed away and his wife Mrs. Lynne E. Svoboda is the independent executive of the Gene Svoboda Estate. The Airport Advisory Board voted to approve the reassignment of the ground lease from Mrs. Lynne E. Svoboda to Mr. Eric Zarones by a vote of 4 -0 on May 28th, 2015. STATUS OF ISSUE: Mr. Eric Zarones would like to purchase the building from the estate of Gene Svoboda. The original lease agreement will not change. BUDGET: N/A RECOMMENDATION: Reassign the hangar ground lease agreement from Lynne E. Svoboda to Eric Zarones. ASSIGNMENT OF LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § I, Lynne E. Svoboda, as Independent Executive of the Estate of Gene Svoboda, deceased, and as General Partner of Magnum Performance, L.P., a Texas Limited Partnership whose mailing address is 50 CR 13200, Blossom, Texas, 75416 (hereinafter "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 Erik Zarones, 92 County Road 34770, Paris, Lamar County Texas, 75460, the receipt and sufficiency of which is hereby acknowledged, do hereby assign, transfer, and convey unto Erik Zarones (hereinafter "Assignee "), all 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 8th day of June, 2015. Lynne E. Svoboda, Independent Executrix of the Estate of Gene Svoboda, deceased, and as General Partner of Magnum Performance, L.P. 1 ACCEPTANCE OF ASSIGNMENT I, Erik Zarones, 92 County Road 34770, Paris, Lamar County, Texas 75460, "Assignee" in the above described Assignment of Lease do hereby covenant and agree to assume and accept the obligations and responsibilities of Assignor Lynne E. Svoboda, Independent Executrix of the Estate of Gene Svoboda, deceased, and as General Partner of Magnum Performance, L.P., a Texas Limited Partnership under the above - referenced Ground Lease Agreement attached hereto as Exhibit "A ". Erik Zarones The aforesaid Assigmment of Lease is approved and accepted by the City of Paris, Texas, on this the 8th day of June, 2015. John Godwin, City Manager ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Lynne E. Svododa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 8th day of June, 2015. Notary Public, State of Texas 2 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Erik Zarones, 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 8th day of June, 2015. Notary Public, State of Texas 3