07-C Landlord's Consent Agreement for RRVFA
DRAFT
f:attorney\reswork\currentIRRVF A Landlord Consent Res
August 10, 2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A
LANDLORD'S CONSENT AGREEMENT (ATTORNMENT) TO
SUBORDINATE ITS LANDLORD'S LIEN ON THE FAIRGROUND
PROPERTY FOR PROPOSED IMPROVEMENTS TO BE MADE BY THE
RED RIVER VALLEY FAIR ASSOCIATION, INC.; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Red River Valley Fair Association, Inc. Has requested the City Council of
the City of Paris to sub ordinate its landlord's lien upon fairground property upon which the
purposed capital projects described on Exhibit "A" attached hereto, are to be constructed upon
fairground property heretofore leased to Red River Valley Fair Association, Inc., as authorized in
Resolution No. 97-024 on March 10, 1997; and,
WHEREAS, the City of Paris wishes to continue to encourage the Red River Valley Fair
Association, Inc. to promote activities which are enjoyed by the citizens of Paris and Lamar County,
and to improve the fairground property by making improvements to buildings on the property to
accomplish said purpose and is, therefore, agreeable to subordinate its landlord lien, as requested,
upon the terms and conditions described in the form of the Landlord's Consent Agreement
(Attornment) attached hereto as Exhibit "B", and the same should be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the request by Red River Valley Fair Association, Inc. For the City of Paris
to subordinate its landlord's lien is hereby approved, and the Mayor of the City of Paris be, and he
is hereby authorized and directed to execute on behalf of the City of Paris the Landlord's Consent
Agreement (Attornment) in favor of First Federal Savings and Loan Association of Paris, Texas,
upon the terms and conditions and in the form attached hereto as Exhibit "B".
Section 3. That this resolution shall be effective from and after its date of passage.
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JUL-27-07 01:46 AM REDRIVERVFAIR
9037841969
Purposed Capital Projects
Building B
Walls, Front Door
CEC
Parking and drainage on East side
!ilalr C!)
Bingo
Concrete and paving around building
Fencing
. Replace fencing on Hickory St. and Center St. to
Westside gate.
Electric
Lights on grounds
. Change service to Coliseum
Bf!l~ce on loan
Total
Items to be considered:
Stage area -landscape and stage electrical
Ticket Booths - larger with Ale
Pipe & Drapes, chairs, riser
EXHIBIT A
16,425
8,558
29,091
13,230
3,740
4,000
18,000
93,044 "
P.02
LANDLORD'S CONSENT AGREEMENT
(ATIORNMENT)
This agreement and consent is made effective the 13th day of August, 2007,
between the CIlY OF PARIS, (herein called "Owner") a municipal corporation of Paris,
Texas, whose address is P.O. Box 9037, Paris, Texas 75461, and FIRST FEDERAL SAVINGS
AND LOAN ASSOCIATION OF PARIS (herein called "Mortgagee"), whose address is 630
C1arksville Street, Paris, Texas 75460 and THE RED RIVER VALLEY FAIR ASSOCIATION,
INC., a Texas Corporation, whose address is P. O. Box 964, Paris, Texas 75461.
WHEREAS, the Owner is the Lessor in one certain lease agreement, a copy of
which is attached hereto and marked Exhibit "A", and is the owner of the real property
described therein; and
WHEREAS, Red River Valley Fair Association, Inc. is the Lessee in said lease; and
WHEREAS, Lessee has requested Mortgagee to make a loan to Lessee in the
amount of $125,000.00, and take as security for its note (herein called "Note") a deed of
trust lien on its leasehold interest in the real property described on said Exhibit "B"
attached hereto; and
WHEREAS, Mortgagee is willing to make said loan and take said security only in
the event Owner will consent to the terms of this Agreement; and
WHEREAS, Owner is willing to consent and agree to the terms hereof so that said
loan may be made to Lessee.
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EXHIBIT .B.
NOW THEREFORE, Owner agrees as follows:
1) Owner consents to the execution by Lessee of a deed of trust to secure the Note,
giving to Mortgagee a lien upon the leasehold interest of Lessee in the property described
on Exhibit "B" attached hereto, and consents to the terms thereof Owner, Lessee and
Mortgagee acknowledge that the property described on Exhibit "B", is a part of and less
than the whole of the property described in the lease attached hereto, but agree that the
terms of the said deed of trust, the said lease, and this agreement shall extend to only that
property described on Exhibit "B" attached hereto. Mortgagee shall have no rights under
the deed of trust, this agreement or the lease as to any additional property other than the
areas of the entire tract which are used for access for ingress, egress and utility purposes
to the two tracts described on Exhibit "B" which Owner and Lessee agree Mortgagee, its
assignee or the purchaser at a foreclosure sale may continue to use such access for the
benefit of the property described on Exhibit "B".
2) Owner covenants to give notice of any default by Lessee under the terms of the
lease to Mortgagee and to give Mortgagee a reasonable time from the receipt of said notice
in which to remedy and to remedy the default or in which to have the Lessee remedy the
default.
3) In the event the said deed of trust is foreclosed for any reason or in the event
the Mortgagee takes conveyance or assignment of said leasehold estate in lieu of a
foreclosure, Owner agrees to accept Mortgagee or the successful bidder at such foreclosure
as the new Lessee upon said lease as to the property described on Exhibit "B" attached
hereto and agrees that Mortgagee or such successful bidder will be substituted as Lessee
automatically upon notice to Owner without the execution of any further instrument on the
part of either party to this instrument other than a written notice by Mortgagee to Owner
of the name of the person or entity succeeding to the lessee's leasehold interest.
In the event Mortgagee, its assignee or a third person shall become the substituted
Lessee under said lease, the consideration for the premises shall be 5% of its total gross
receipts from the use of the portion of the leased premises used by such party expended
as improvement to such leased premises. At the option of the new lessee, the
consideration can be paid in cash to the Owner on an annual basis within 30 days of the
end of each lease year.
4) In the event the Mortgagee is the entity succeeding to the Lessee's leasehold
interest, Owner agrees to not unreasonably withhold its consent to the conveyance or
assignment of such interest by Mortgagee to a third party providing that said third party
shall execute in writing an agreement to be bound by all the terms of said lease
agreement.
5) Mortgagee agrees that if it succeeds to the interest of the Lessee in said lease,
it shall be bound to the Owner under all the terms of said lease agreement. Mortgagee
agrees that any foreclosure of its deed of trust shall specify that the successful bidder shall
be bound by all the terms of said lease agreement.
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6) Mortgagee or its assigns shall not be liable to Owner for any act or omission
of the Lessee or be subject to claim held by Owner against Lessee unless Mortgagee shall
have been duly notified of such claim or liability by Owner prior to Mortgagee's succeeding
to the Lessee interest in said lease.
7) Any notice or communication required or permitted hereunder shall be given in
writing, sent by United States mail, postage prepaid, registered or certified mail, return
receipt requested, addressed to the parties as shown in the first paragraph of this
agreement, or to such other address as hereafter shall be designated in writing by the
applicable party to the other party herein.
8) This agreement is executed pursuant to a duly authorized resolution of the City
of Paris, being Resolution No. 2007-_, and the City of Paris is acting by and through its
duly authorized Mayor, Jesse James Freelen, and attested by the City Clerk, Janice Ellis.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed effective the day and year first above written.
CITY OF PARIS, PARIS, TEXAS
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
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LEASE AGREEMENT
This is a Lease Agreement between the CITY OF PARIS, a municipal corporation,
hereinafter refetTed to as LESSOR, and RED RIVER VALLEY FAIR ASSOCIATION
,
INC., a Texas corporation, hereinafter refetTed to as LESSEE, executed in duplicate on this
the 10th day of March, 1997, WITNESSETH:
The leased premises consists of the following described property owned by Lessor in
Paris, Lamar County, Texas:
All that cettain tract or parcel oftand as described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
The term of this lease shall be for thirty 30 years beginning on the 1 st day of April,
1997, and ending the 3 I st day of March, 2027.
The consideration for this lease and the use and occupancy by Lessee shatt be Lessee's
agreement to perform an necessary repairs to the existing buildings, structures and other
improvements on the leased premises and to make such additional improvements on the
leased premises to the extent of fIve per cent (5%) of its annual gross receipts, Lessee hereby
agreeing to expend for such purposes the sum herein set out during each year of this
agreement, the total amount to be expended by Lessee for such purposes during the tenn of
this lease to be not less than five per cent (5%) of its total gross receipts for the thirty (30)
year period covered by this agreement; provided however, that in the event Lessee expends
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EXHIBIT A
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in excess of five percent (5%) of its gross receipts during anyone year hereof for such
purposes, such excess may be credited on the total amount to be expended by Lessee
hereunder. The telm "gross receipts" shall mean the total receipts of Lessee from all sources
by reason of the llse of the rented premise.
IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and
Lessee:
(1) That Lessee shall during the tetm of this lease, at its sole cost and expense,
make all necessary repairs to existing buildings and structures on the leased premises, as
speedily as it can finance same, so that same will be safe and suitable for the purposes for
which they may be used by Lessee and will keep and maintain same in good, safe and
sanitary condition.
(2) That no substantial repairs or improvements or changes in location will be
made to any buildings, structures or other things located thereon nor will any new structures
be placed on any pm1 of the leased premises without the prior approval of Lessor.
(3) That Lessee shall pay to Lessor the annual cost of insurance, to keep all
buildings and other insurable improvements on the leased premises insured against loss by
fire, lightening, and all risks included in the tenn "extended coverage" to the full extent of
their insurable value as detetmined by Lessor.
(4) That Lessee shall pay for all lights, electricity, water and sewer, gas, and all
other utilities used on the leased premises.
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(5) That all buildings, stlUctures, additions, fixtures and improvements made upon
or added to the leased premises or any pmi thereof shall at once become the property of the
Lessor and be smTendered to' the Lessor at the termination of this lease.
(6) That Lessee shall deliver to Lessor annually its Federal Income Tax Return
prepared by a Cetiified Public Accountant on or before the first day of May of each year, and
verified copy of any tax report made to the State of Texas.
(7) That Lessee shall not sublet the rented premises or any part thereof for more
than three hundred sixty-five (365) days without the consent in writing of Lessor first had
and obtained, which shall be indicated by the signature of the City Manager.
(8) Lessee agrees to indemnify, save, keep and hold and hmmless Lessor from and
against any and all demands, debts, liabilities, suits, claims and causes of action of evelY
kind and character whatsoever for damage or injuries to persons and propeliy occun'ing on
the leased premises resulting from Lessee's use, Lessee's sub-lessee or any tenant of Lessee,
and Lessor shall not be liable to Lessee, its employees, invitees, patrons, licensees or visitors
due to the building or other structures thereon being improperly constTucted or being or
becoming out of repair, Lessee hereby waiving any defects therein and agreeing to hold and
save Lessor hannless from all claims for any such damages or injuries, and Lessee shall and
must at all times during the telm of this agreement, and any extensions thereof, keep and
maintain in full force and effect a policy or policies of insurance, providing at least
$500,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death
and $500,000.00 for any single occunence for injury to or destmction of property
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indemnifying all persons for any and all damages, personal injuries or propetiy damages
sustained in or upon the premises of said leased propeliy, or any part thereof, as the result
of the negligence of Lessee, its agents, servants, employees or sub-lessees and its agent,
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, subject to approval by the City Attomey of the
City of Palis, and Lessee or its insurance carrier or cmTiers shall deliver a copy of any such
policies to the City Clerk of the City of Paris, or fumish to said City Clerk a current letter
or celiificate 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 thereof 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 sixty (60) days prior to the effective date of such cancellation or
amendment. Notice shall be by celiified mail, retum receipt requested, addressed to the
Lessor at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas
75461-9037..
(9) That Lessor shall not make or be liable for any repairs or improvements of any
kind on the leased premises during the telw of this lease.
(10) That Lessee shalt take good care of the rented premises and an buildings and
stmctures thereon and be responsible to Lessor for any damage or injuries hereto caused by
Lessee or those under it.
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(11) That Lessor shall confOlm to and observe all sanitmy rules, regulations and
laws of the State of Texas and ordinances of the City of Paris applicable to the leased
premises and not use or pelmit the same to be lIsed for any unlawful or illegal purpose.
(12) Should Lessee default in, or fail or refuse to keep any of the covenants,
conditions, stipulations or provisions therein contained, notice thereof shall be given to
Lessee by Lessor, and in the event such default, failure or refusal has not been conected or
pelfOlmed within sixty (60) days from the date of such notice, then this lease contract may
be telminated at Lessor's option, and it shall be lawful for Lessor to re-enter the leased
premises and remove all persons, property and effects therefrom, all and every claim for
damages for or by reason of said re-entry being expressly waived.
(13) All water and sanitmy sewer pipe in, on or under the leased premises belonging
to lessor may be kept there if or until removed by Lessor..
(14) In the event Lessee shall keep each and evelY agreement contained herein and
do and penorm all the obligations required of it hereunder during the tenn of this lease, an
option is hereby given and granted to Lessee to renew and extend this lease for an additional
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 its intention to renew said lease ninety (90)
days prior to the expiration of the primary tenn of the lease.
(15) Lessor is given and granted the right to place streets or utilities or drainage
appurtenances in, on or under any of the leased property herein.
(16) That Lessor shall have the light and ptivilege of using any pOltion of the leased
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premises for functions sponsored by the City of Paris or any depmtment thereof, provided
such function has been approved by the City Council of the City of Paris, all of which
functions shall be conducted on a non-interfering basis with the annual Fair conducted by
the Red River Valley Fair Association, Inc., or any other scheduled activity of the Lessee or
Plior sub-lease rental agreements approved by the City Manager of the City of Paris between
the Lessee and any Sub-Lessee.
In the event of any of the above contingencies, Lessor shall give Lessee thilty (30) days
notice in Wliting of its intention to so utilize any portion of the tract for the above purposes.
(17) That Lessor shall have the right and privilege at its option to terminate this
lease as to any patt of the realty not improved with buildings, including reasonable access
and reasonable parking to include additional land if necessary for such buildings, for only
necessary municipal functions.
Lessor acknowledges that the Lessee is cUI1'ently in the process of obtaining a loan from
the First National Bank of Paris, Patis, Texas, in the approximate sum of Two Hundred
Thousand and no/1 00 Dollars ($200,000.00) for the construction of improvements on the
leased premises. Lessor agrees that in the event Lessee obtains this lease, Lessor shall
subordinate its landlord's lien so that Lessee may obtain said loan.
EXECUTED this the 10th day of March, 1997.
:~TY OF~ _ ~
Eric S. Cli~~~
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ATTEST:
'-ro~'-'~:",,~~
Mattie Cunningham, City erk
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APPROVED AS
~aYneS'Ci~
ATTEST:
l~
avid Hanson, Secretary
. LESSOR
RED RIVER VALLEY FAIR
ASSOCIATION, INC.
By: -~ //4~
GeOt~ge Robinson, President
LESSEE
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STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authOlity, on this day personally appeared Elic
S. Clifford, Mayor 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 the same as the act of
the said City of Paris, a municipal corporation, and that he executed the same as the act of
such municipal corporation for the purposes and consideration therein expressed, and in the
~:' '.: capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _Way
of March, 1997.
R II. ~
jL~!-G .,.:;;;HJJ1/0/Y
Notary Public, State of Texas
STATE OF TEXAS
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~ t-?' ~'c_ LISA FARRIS ~
8 ~~~l~ Notary Public, State of Texas 8
8 '~(;'i'~" My Commission Expires 09-20-199788
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COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared
George Robinson, President of the Red River Valley Fair Association, Inc., known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that the same as the act of the said City of Paris, a municipal corporation, and that he
executed the same as the act of such municipal corporation for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the l:iL'-Ciay
of March, 1997.
f0A~~;\IC~
Notary Public, State of Texas
00000000000000000000000000000000
~ ~";... LISA FARRIS ~
~ ~\:;f!!)i) Notary Public , State of Texas 8
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EXHIBIT "An
All that certain tract or parcel ofland SITUATED in Paris, Lamar County, Texas, and being more
particularly described as follows:
BEGINNING at the intersection of the North Boundary Line of Hickory Avenue with the West
Boundary Line of Fitzhugh Avenue, also designated as 9th Street N.E., the same b~ing the Southeast comer
of a 12 acre tract ofland sold to the Lamar County Fair Association by N. E. Clement Estate in 1936,
described in deed recorded in Volume 245, Page 575, Lamar County Deed Records:
THENCE North 1501.5 feet to the Northeast corner of said 12 acre tract, same being the South
Boundary Line of Clement Road, said Clement Road being 60 feet in width:
THENCE West a distance of 380 feet to the Northwest corner of said 12 acre tract. same being the
Northeast corner of a tract ofland purchased by the Lamar County Fair Association in 1916, described in deed
recorded in Volume 160, Page 322, Lamar County Deed Records, continuing Wcst in all a distance of 1710
feet to the Northwest corner of Block 31, Fairview Addition to the city of Paris. same being the East Boundary
Line oOrd Street N.E., same being the most Northerly Northwest corner of a tract of land purchased from H.
E. dement in 1921 out of the Fairview Addition and described in deed recorded in Volume 199. Page 311,
Lamar County Deed Records:
THENCE South a distance of 1356 feet to the East Boundary Line of3rd Street N.E., to the North
Boundary Line of Hickory A venue:
THENCE East with the North Boundary Line of Hickory Avenue a distance of approximately 804.0
feet to the Southwest comer of the Emmett Reece Ball Field property
THENCE North a distance of 600 feet:
THENCE East a distance of 600 feet
THENCE South a distance of 600 feet:
THENCE East a distance of300 feet to the PLACE OF BEGINNING.
SA VE AND EXCEPT the following described tract of land:
SITUATED within the corporate limits of the City of Paris, Lamar County, Texas, and being a part
of Block 256, as shown on tne Tax Map of the City of Paris, and more fully described as follows:
BEGINNING at a point in the center line of a drainage ditch, said ditch being located between
Hickory Street and Clement Road. and the beginning point being West a distance of 260 feet from the
Southwest corner of the intersection of Fitzhugh Avenue and Clement road (the Northeast corner of Block 256)
and also being South 2 Degrees 00 Minutes East along the centerline of a drainage ditch, a distance of 460 feet
to said POINT OF BEGINNING:
THENCE North 88 Degrees 30 Minutes West a distance of287 feet to a point
THENCE South I Degree 30 Minutes West a distance of 84 feet to a point,
THENCE North 88 Degrees 30 Minutes West a distance of 477 feet to a point. same being in the East
Margin of 6th Street N.E.:
THENCE in a Southerly direction with the East Margin of 6th Street N. E., a distance of 16 feet to
a point:
THENCE South 88 Degrees 30 Minutes East a distance of 477 feet to a point:
THENCE South I Degrees 30 Minutes East. a distance of 200 feet to a point:
THENCE South 88 Degrees 30 Minutes East a distance of297 feet to a point in the center line ofa
drainage ditch:
THENCE North 2 Degrees 00 Minutes West with the center line of the drainage ditch a distance of
300 feet more or less to the PLACE OF BEGINNING. containing 2.19 acres ofland. more or less.
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ADDENDUM NUMBER ONE TO LEASE AGREEMENT
DATED MARCH 10, 1997, BETWEEN THE RED RIVER FAIR ASSOCIATION
AND THE CITY OF P ARIS, PARIS, TEXAS
ST ATE OF TEXAS
COUNTY OF LAMAR
)
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)
KNOW ALL MEN BY THESE PRESENTS:
That this Addendum to Lease Agreement dated March 10, 1997, between the Red
River Valley Fair Association and the CITY OF PARIS, PARIS, TEXAS, made this 27th
day of March, 2006, by and between the Red River Valley Fair Association, by and
through its President, David Hicks, duly authorized, and the CITY OF PARIS, PARIS,
TEXAS, by and through its Mayor, Curtis Fendley, duly authorized, does hereby amend
the above described Lease Agreement by amending the property description by adding the
property formerly known as Reece Field ball park facilities so that such shall read as
shown on Exhibit A attached hereto and made a part thereof for all purposes.
EXECUTED on this the 27th day of March, 2006.
CITY OF PARIS, PARIS, TEXAS
( Eh
Curtis enaley~ Mayor
ATTEST:
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tl nice Ellis, City Clerk
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APPROVED AS TO FORM:
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i ohn D. Lestock, Assistant City Attorney
By:
ATTEST:
4f'~~ tr:-?1.-YI
ade White, Secretary
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ST ATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Curtis
Fendley, Mayor 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 therein stated.
. JF:.._!J:nllfm:r::~".' ,,,-,-i.L.. :
AND SEAL OF OFFICE, this 27th day of March,
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Notary Publi~,-SfateofTexas
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STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared David
Hicks, President, Red River Valley Fair Association, 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.
0/k<t!,2(~~O~:DER MY HAND AND SEAL OF OFFICE, this . :"/{1 day of
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Notary Public, State of Texas
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~tl~~"
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,. "~"~j; '~;::t.l"G
"'>, j ,;I
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. -' . ~:h.; 'itF
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'if'~.'~~~..:
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E 220.04"
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\ ;
" COBR S 77'36'~8" E
, CO 149.18
~: (R 325.00
,,' L 150.52
~ S 64'20'53" E
191.28
, N 89'06'58" E' 31.55-j .
; -"J,.". ,,< "'f . '-l .,: ')
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FIEI.D NOTES:
THENCT South X7"33'3X" West a distancc of437.33 feet;
T1IEt'-iC[ N0I1h X9"06'S8" East a distance of31.SS feet;
TlIFNCH around a curve having a CDBR of South
77036'SW' East. a CD length of 149.18 fect. a radius of
325.00 feet. and a curve length of IS0.52 feet;
BEGINNING at the intersection of the NOl1h Boundary
line of Hickory Avenue with the West Boundary Linc of
Fitzhugh A venue:
THENCE North 1011'32" West a distance of 20.00 feet;
THFNCE North XT33'3W' East a distance 01'437.24 feel:
THE~CE South 64"20'S3" Fast a distance of 191.28 feet;
THENCE North 0039'4(," West a distance of 14%.(,4 feet;
THENCE North 1"27'S3" West a distance of 330.0S feet;
THENCE South 880S0' 1 9" West a distance of 430.34 feet;
THENCE North Xxo5(,'OI" Fast a distance ofX5.53 feet;
THENCE around a curve having a CDBR of South
77039'45" East. a CD length of 126.66 feet. a radius of
27S.00 feet. and a curve length of 127.81 feet:
THENCE South 1003'59" East a dislance of 20S.49 feet:
TlIFNCE North I003'S9" West a distanee of20S.46 feet;
THENCE North 88"S6'01" East a distance 01'83.63 feet:
TII ENCE South XX"SO'I 9" West a distance of I 094.84 feet:
THEIWT North X9'OI'24" East a distance of 1023.42 feet
to the PI.ACF OF BFGINNIN(,.
THENCE South 1047'20" East a distance 01'249.6S feet;
T1IENCE South O"26'SO' Fast a distance of 340.00 feel;
THENCE North 89019'06" East a distance 01'92.76 feet;
THENCE Soulh 8X'SO'19" West a dislanee of 1<>5.00 feel:
THENCE South 4032'47" East a distance of299.SI feet:
THENCF South O"26'SO" East a distance 01'716,26 feet;
THENCE South 88037'54" West a distance of299.41 feet:
THENCE South 89"23'SO" East a distance 01'220.04 feet:
THENCE North 1027'S3" West a distance of200.75 feet;
TII ENCE South O"26'SO" East a distance of 279.41 lCet:
~ C;FFY' OjR' F,>t,\,R:II$'
i _,' ._'_~._. _" d.....'~ __0 ..... ..... ..~ .-.._..........___LJ
EXHIBIT A
MARCH 2006
DRAWN BY: CBO
SCALE: 1" = 300'
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to
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:l~
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:l',('d.,~~~'( '<.'~::~".;v~"~~\!~;50" E
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. I
"
S 88'50'19" W 430.34
205.491
f
88'56'01" E 83.63
-i:
!.~
-1 ';
t~\:~
S 88'37'54" W'
299.41
1094.84
S 88'50'19" W
;. '1
N 1'03'59" W
i;
340.00
N 88'56'01" E
OJ
S 1'47'20" E
249.65
N 89'19'06" E
92.76
'; ".;.~"'"
.:~ .
:'~~
:r----~
~,
'N~
~N
~
(/1
N "27'53" W
330,05"
W
'65,00
437.24
N 87'33'38" E
20.00___
N ",1'32" W
437.33
f;.J
S 87'33' 38" W
!
N "27'53" W
if:
200.75
--~l
";'.
220.04 "
.~
_",:7!,
,~, -
,
I
\
')'CDBR S 77'36'58" E
CD 149.18
(R 325.00
'Ij, L '50.52
S 64'20'53" E 191.28
, N 89'06'58" E' 31.5~'j ~
.!- ,~,.,.,. ft"..", ..-lilt .-----l 'H:i
~~:/~~'..~ ,\ C;~R
c ";~Y;J~ !'
,
".
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;iN 89'01'24" E 1023.42.
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~
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o !jl ,~~ '~~~:-'~::";"
to '1 ~~':.:,;'.~'X)::
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':;-t..,V.-~.'~.'.'."~. : ;,,:k,'.'"
?; -;,~',~>i'/':~
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~(~'i I. ';(,.;"
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l.
-1
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I,
BEGINNING at the intersection orthe North Boundary
line orllickory Avenue with the West [1oundary Line or
Fit7.hu~h Avenue:
THENCE Nurth I" II '32" West H distance 000.00 feet;
TIIENCE NOl1h 89"0(,'58" East a distance of3!.55 feet;
TlI FNCH around a eun'e having a CDllR of South
77"36'5 go' East. a CD length or 149.18 feet. a radius of
325.00 feet. and a curve length or 150.52 fed;
FIF1.D NOTES:
I'll ENC T South X7'3Y3X" West a distancc of 437.33 feet:
THENCE North H7"3)'3W' Fast H distance 01'437.24 feet:
THENCE North 0039'4(," West a distance of 1491>.(,4 feet;
TIIENCF North 1"'27'53" We>! a distanec of 330.05 feet:
THENCE South (H"20'53" Fast a distanee or 191.28 feet;
THENCE South 8Ho50' 19" West a distancc or 430,34 fcet;
T1IENCE North 8X05(,'0 I" Fast a distanl'e of X5.53 feet;
TIIENCE around a eurve having a CDIlR orSouth
77039'45" East. a CD length or 126.(,6 feet. a radius or
275.00 feet. and a curve leogth of 127,81 feet;
TIIENCE South l'03'S9" Easl a distance 01'205.49 kel;
TltENCT North 1"03'S9" Wesl a distance of'20S.46 feet:
THENCE North 88"56'01" East a distance 01'83,(,3 feet;
'I'll ENCF South XX"50' 19" West a dlstanee of 11I94.X4 ['eet;
TIIFNC[ North 89"01'24" I:ast a distance of 1023.42 feet
to the PIMT OF IlFCiIN;\I'-:(i
TIIENCE South 1047'20" East a distanee 01'249.65 reet;
TIIENCE South 0"21,'SO' Last a distanee of 340.110 keL
T1IENCE North 89019'06" EaSI a distance 01'92.7(, feet;
TII ENCE South HX'SO' 19" West a distance of 1 (,S .00 feet;
THENCE South 4032'47" East a distance 01'299.SI feet;
'I'll LNCE South 0"26'50" East a distanee of 71 (,.26 feeL
TIIENCE South 88037'S4" West a distance 01'29').41 feet;
'I'll ENCE South 8'),,23'SO" Fast a distanee of 2211.04 feet:
TIIFto-:C[ North 1"27'53" West a distance 01'2110.75 feet;
TlIFNCT South 0 '2("SO" Fast a distance of 279.41 kel;
"YTW.
EXHIBIT B
MARCH 2006
DRAWN BY: CBO
SCALE: 1"=300'