1998-010-COX FIELD LEASE AGREEMENT-BOB HAGGARD-PIERODACTYL
RESOLUTION NO.
98-010
WHEREAS, the City Council of the City of Paris has received a request from Bob
Haggard to lease property at Cox Field Airport, 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; and,
WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in
all things, be approved, and the City Manager, Michael E. Malone, should be authorized to
execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Lease Agreement attached hereto as Exhibit A be, and the same is hereby, approved;
and,
BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he
is hereby, authorized and directed to execute, on behalf of the City of Paris, the thirty-five (35)
year lease with Bob Haggard for property located at Cox Field Airport, Paris, Texas, upon the
terms and conditions and in the form attached hereto as Exhibit A.
PASSED AND ADOPTED this 30th day of January, !J28'1
;;sI~/J
Eric S. Clifford, Mayor
ATTEST:
LEASE AGREEMENT
COUNTY OF LAMAR
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
THIS LEASE AGREEMENT is made this 30th day of January, 1998, by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City
Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and
PTERODACTYL L.L.C, a Limited Liability Company, by and through its Managers, BOBBY
JOE HAGGARD and SARAH FRANCIS HAGGARD, 8121 Sapphire Bay Circle, Las Vegas,
Nevada 89128, hereinafter referred to as LESSEE.
WITNESSETH
For and in consideration of the construction of hangar at Cox Field Airport, the CITY OF
PARIS does hereby lease, rent and let unto PTERODACTYL L.L.C., that portion of Cox Field
property described in Exhibit" A", attached hereto and made a part hereof for all legal purposes.
The term of this Lease is for THIRTY-FIVE (35) years, beginning on the 1st day of
February, 1998, and ending on the 31st day of January, 2033.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an additional period of TEN (IO) years, the rental for the renewal to be in
the sum of Thirty-Three Thousand Six Hundred and no/100 Dollars ($33,600.00), payable to the
CITY OF PARIS, a municipal corporation, as follows: $280.00 on or before February 1, 2033,
with a like payment on or before the 1st day of each month thereafter during the remainder of the
term of the first option, which ends January 31, 2043. The granting of said first option is subject
to the requirements set forth in paragraph 18.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have a second option
to renew such Lease for a period of TEN (10) years, the rental for the second renewal to be based
on either $.06 per square foot or the fair market value at the time of the exercising of such second
option, whichever is greater, payable to the City of Paris, a municipal corporation, as follows:
The amount determined at the time of the exercising of the second option is payable on or before
the 1st day of February, 2043, with a like payment on or before the 1st day of each month
thereafter during the remainder of the term of the second option, which ends January 31, 2053.
Lell'le Al:I'eement - page 1
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EXHIBIT A
The granting of said second option is subject to the requirements set forth in paragraph 18.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE pays to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default and delay.
2. That this Lease is subject to all the terms, provisions and conditions of the deed of
conveyance of such premises from the United States of America to the City of Paris, recorded in
Book 308, Page 287, Deed Records of Lamar County, Texas to which reference is made for all
purposes.
3. 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, the 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
Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended.
4. That LESSEE, his successors or assigns, agree that (I) no person, on the grounds
of race, color or national origin, shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said facilities; (ii) that, in the 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; (iii) 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, 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.
5. That LESSEE shall comply with all conditions and requirements established in
Lealie Aereement - page 2
1,1
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 Cox 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 that portion of such premises in their possessions for private
hangar space and for aeronautical activities for which they hold permits issued by the City of Paris
in accordance with Article II of Chapter 6 of the Code of Ordinances of the City of Paris.
Further, it is hereby agreed by and between LESSOR and LESSEE that LESSEE shall be
permitted to sublease any or all portions of the premises described in attached Exhibit "A" for
private hangar space and for aeronautical activities for which sublessee 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.
8. That, if in the course of using such premises for the permitted purposes, LESSEE
desires to build, at his own expense, a hangar building and apron in pursuit of such uses, LESSEE
will be so permitted upon application and approval for building permit or permits from the City
of Paris, of all steel construction, similar in appearance and construction to the existing enclosed
hangars in accordance with the floor plan described in Exhibit B, attached hereto and made a part
hereof for all legal purposes, and such structure will not violate any of the rules or regulations of
the City of Paris or the Federal Aviation Administration. It being agreed and understood that
LESSEE shall be responsible for electric utilities furnished to the hangar building during the term
of this Lease.
9. That LESSEE will take good care of the leased premises and be responsible and
make good to LESSOR all injuries and damages to the same caused by LESSEE or those under
him and will deliver same to LESSOR at the expiration or termination of this Lease in as 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
Lea..e Aa:reement - page 3
1,1
future erections, additions or repairs to or upon same, in good repair, including but not limited
to hangar buildings, storage buildings, permanent installation of equipment and fixtures, and
fences.
10. That all improvements made upon the said premises by LESSEE, or at his instance
or request, shall at once become the property of LESSOR and shall be surrendered to LESSOR
at the termination or expiration of this Lease.
11. That it shall be lawful for LESSOR's Airport Manager to enter upon and into the
leased premises, and every part thereof, at all times for the purpose of inspecting and examining
the condition thereof.
12. That LESSEE, with the consent of LESSOR, in writing, first had and obtained, has
the right to assign this Lease or sublet any part of the leased premises, with such assignee having
all rights, privileges and obligations contained in this Lease.
13. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from
and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind
and character whatsoever for damage or injuries to persons and/or property occurring on the
leased premises resulting from LESSEE's, his invitees', agents', servants' or employee's use, and
LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees or visitors due
to the improvements located thereon, or hereafter constructed, or any other condition of the
premises being improperly constructed, maintained Of being or becoming out of repair; LESSEE
hereby waives any defects therein and agree to hold and save LESSOR harmless from all claims
for any such damages or injuries, and LESSEE must, at all times during the term of this Lease,
and any extensions hereof, keep and maintain, in full force and effect, a policy or policies of
insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence
for bodily injury or death and $100,000.00 for any single OCCUfrence 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 premises of said leased 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 expressly provided that such insurance policy or policies
shall and must be written and issued by a reputable insurance company or companies, with
Lease Aereement . page 4
1,1
LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris,
and LESSEE or their insurance carrier or carriers shall deliver a copy of any such policies to the
City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City
Clerk a current letter or certificate from such company or companies, evidencing the fact that such
insurance is in full force and effect at all times during this Lease, and any extension hereof, and
specifically noting thereon that LESSOR is an additional insured. All such policies shall be
written so that the LESSOR will be notified of cancellation or of any restrictive 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.
14. LESSEE will not rent the premises, or any part thereof, for aircraft storage unless
a permit under Article II, Chapter 6 of the Code of Ordinances of the City of Paris, has been
issued to them for that specific purpose.
15. That LESSEE will not use, or permit the use of, said premises, or any part thereof,
for any purpose which is determined dangerous or hazardous to the airport operation by A rport
Manager.
16. Should LESSEE default in, or fail or refuse to keep any of the covenants,
conditions, stipulations and/or provisions herein contained, notice hereof shall be given in writing
to LESSEE by LESSOR's Airport Manager, giving LESSEE thirty (30) days to correct such
discrepancy, and, in the event such default, failure or refusal is not corrected within said thirty
(30) day period, a second notice, in writing, by certified mail, affording a hearing before the
Airport Advisory Board, on a day certain, shall be given to LESSEE by LESSOR's Airport
Manager. After affording LESSEE such hearing, the Airport Advisory Board shall recommend
to the City Council that the Lease continue or be terminated, and thereafter the City Council shall
take such action as it deems necessary.
17. That the LESSOR may, at its option, terminate this Lease as to the entire tract, or
any part thereof, which may be necessary, in the event the LESSOR desires to use the property,
or any portion thereof, for necessary municipal functions, such as extension of runways or
erection of other airport facilities. In the event of either of the above contingencies, the LESSOR
Lell'ie Aweement - page 5
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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. In the event of either of the above
contingencies, the LESSOR shall have the option pursuant to Paragraph 8 of this Lease to satisfy
its obligation of compensation to LESSEE.
18. In the event LESSEE shall keep each and every agreement contained herein and do
and perform all the obligations required of them hereunder during the primary term of this Lease,
an option is hereby given and granted to LESSEE to renew and extend this Lease for a period of
TEN (10) years from and after the expiration of this agreement, which option may be exercised
by LESSEE giving notice, in writing, of their intention to renew said lease ninety (90) days prior
to the expiration of the primary term of the Lease, and shall be under such terms as previously
provided.
Further, in the event LESSEE shall keep each and every agreement contained herein and
do and perform all the obligations required of them hereunder during the first option of this Lease,
a second option is hereby given and granted to LESSEE to renew and extend this Lease for a
period ofTEN (10) years from and after the expiration of said first option, which second option
may be exercised by LESSEE giving notice, in writing, of their intention to renew said lease
ninety (90) days prior to the expiration of the first option of the Lease, and shall be under such
terms as previously provided.
19. In the event of a termination of this Lease by the City of Paris, as permitted herein
during the primary term of said Lease, the City of Paris will be obligated to pay to LESSEE
1/35th of the original cost of said hangar and apron, multiplied by the number of years remaining
in the primary term of this Lease, which ends January 31, 2033. In the alternative, in lieu of
payment for termination during the primary term of this 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 primary term of this Lease.
In the event that final termination of said Lease occurs during the first option, there shall
be no payment due LESSEE. However, the City of Paris may agree to give LESSEE hangar
space of equal quality, size and usefulness, and LESSEE are granted the right to lease such
substitute space for TEN (10) years for Thirty-Three Thousand Six Hundred and no/100 Dollars
Le~L..e Al:I"eement - page 6
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($33,600.00), payable as aforesaid.
In the event that final termination of said Lease occurs during the second option, there shall
be no payment due LESSEE. However, the City of Paris may agree to give LESSEE hangar
space of equal quality, size and usefulness, and LESSEE is granted the right to lease such
substitute space for TEN (10) years, at a rental rate to be based on either $.06 per square foot or
the fair market value at the time of the exercising of the option, whichever is greater.
20. The terms of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LESSEE.
EXECUTED ON the dates shown in acknowledgments below.
CITY OF PARIS, LESSOR:
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSEE
PTERODACTYL L.L.C.
Bobby Joe Haggard, Manager
Sarah Francis Haggard, Manager
STATE OF TEXAS )
)
COUNTY O}~ LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E.
MALONE, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capacity therein stated.
1998.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 30th day of January,
Notary Public, State of Texas
Lease Al:I"eement - page 7
1,1
STATE OF NEVADA )
)
COUNTY OF CLARK )
BEFORE ME, the undersigned authority, on this day personally appeared Bobby Joe
Haggard, Manager of Pterodactyl L.L.C., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that they executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OF}lCE this the day of
, 1998.
Notary Public, State of Nevada
STATEO}'NEVADA )
)
COUNTY O}' CLARK )
BEFORE ME, the undersigned authority, on this day personally appeared Sarah Francis
Haggard, Manager of Pterodactyl L.L.C., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that they executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
, 1998.
Notary Public, State of Nevada
Lease t\l:I"eement - page 8
903-784-7306 PARIS TITLE & ABST.
620 P02 DEe 31 . 9'2 11: 06
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FIELD NOTES
Seinv aU thaC QHtaIn 1nICt of IMd Siluated abOut IU5 miles Southeast of tile CIl, 0'
Paris, U1rmn Countr. TeM$. . pert of the William Sc:atI SuIvey, Abstract No. 856 and a part of
the sam,'_ d,sc:tlbed in deed 'rom the United stiles 0' Amedc:a to the City of Paris, recorded
in Vulume 301. Page 287.l..8mIt County Deed Rec:onIs and being futther deSc:tIbed as folow$:
COmmencing III en Iron pin for comer et the interseclion of the South lin, of F.M.
HIghway 1508....h the EIst line of F .M. HIghw;ry 1508 ~ed Me South of the main eMranee
to ~ f"reld AitpoIi:
Thence Notth 51 Degrees. 41 Mlnutas, 20 seconds East a dlslllllce of 141S.8I f..l to III
iron pin HI at the SouIIlwest CIOl'IICr of this trad;
ThenC4t NOI1h 1 o.u.... 3SI Minutes, 20 SllCOdds west a distance of eo.O 'eet to an iron
pin $el for comer:
11leRClll North 81 Degms., 20 Minutlls. 40 seconds East a distance of 80.0 'eel to an
irvn pin set fCIf' comer:
Thence SOIIth 1 Degree, 39 Minutes, 20 Sewnds East a distance of eo.O fellt to .n iron
pin set 'or comer;
Thence South 81 Degtees. 20 Minutes, 40 Seconds Wesl I di5lllnce 01 80.0 'eel 10 the
p1l1C8 or beginning and conl8lnlng 0.147 acre of land.
I. R. Ik.... ChIIne,. RegIstered PRJl'l5S/onalland Surveyor, No. 4057. St_ of
TeXIII;. ~ that the aboVe PIlI and FIeIcI Noles c1eplc;t IInd IelWS8nl actual Survey mW.
on the grouncI under my supervisiOn MCl1InlsIled 1995; ;
STATE OF TEXAS
COUNTY OF lAMAR
BEFORE ME. tile unca.nIglNId ...harity. a Notafy Public In and for Aid COUnIy lIf1d
State on this day pen;onll/y 8ppured R. Brandon Chine,. kncJwl'I to me tv be the pel$OR whOliV
RIme Is subscrtIled 10 the tor.goIfli im(NmIrIt end tIdmowIedge to me that he eQCUled ame
fur lbe putpOSe end consIderllllon lh.teIn ellPO'ssed. II- s-; /
. GIVEN UNDER MY HAND AttJ ~ OF OF~ICI:, 1IIIs '-I t. day of ~ If' .
AD.'"5. ~
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NOTARY PUBLIC. Sf" OF EXAS
EXHIBIT A
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EXHIBIT 8