HomeMy WebLinkAboutContract 9960 FIXED BASE OPERATOR LEASE
THE STATE OF TEXAS § `WITY
COUNTY OF TARRANT §
THIS CONTRACT AND LEASE AGREEMENT is made by and between
the City of Fort Worth, a municipal corporation in the State of
Texas, acting by and through Robert L. Herchert, its duly authorized
City Manager, hereinafter called "Lessor" and Reed Pigman, Jr.,
an individual, hereinafter called "Lessee";
W I T N E S S E T H :
WHEREAS, Lessor owns and operates Meacham Field (hereinafter
called "Airport") , located in the County of Tarrant, State of
Texas; and
WHEREAS, Lessor deems it advantageous to itself and to its
operation of the Airport to lease unto Lessee certain privileges,
rights, uses and interests therein, as hereinafter set out; and
WHEREAS, Lessee proposes to lease on a generally net basis
from Lessor certain ground space, and to avail himself of certain
privileges, uses and rights pertaining thereto; and
WHEREAS, Lessee further proposes to make certain improve-
ments on the ground demised hereunder; and
WHEREAS, Lessee has indicated a willingness and ability to
properly keep, maintain, and improve said premises in accordance
with standards established by Lessor, if granted a lease of
sufficient term on said ground area; and
WHEREAS, Lessor and Lessee now desire to execute a lease of
an area of land at Meacham Field providing for the construction
of aviation-related improvements thereon.
NOW, THEREFORE, KNOW
ALL MEN BY THESE PRESENTS:
CITY
V, s 't 4 I
Revised
Sri.
ARTICLE I.
That for and in consideration of the terms, conditions and
covenants of this Lease to be performed by Lessee, all of which
Lessee accepts, Lessor hereby leases to Lessee and Lessee hereby
hires from Lessor certain property, together with any improvements
thereon (hereinafter called "demised premises") , and certain
attendant privileges, uses and rights, as hereinafter specifically
set out.
A. DESCRIPTION OF PREMISES DEMISED. The demised premises
are as described in field notes marked Exhibit "A" and outlined
in red on the plat marked Exhibit "B", both Exhibits being
attached hereto and incorporated herein for all purposes incident
to this agreement.
B. DESCRIPTION OF GENERAL PRIVILEGES, USES AND RIGHTS.
Lessor hereby grants to Lessee the following general privileges,
uses and rights, in common with others, all of which shall be
subject to the terms, conditions and covenants hereinafter set
forth and all of which shall be non-exclusive on the Airport:
(1) The use in common with the public generally of
all public airport facilities and improvements
which are now or may hereafter be connected with
or appurtenant to said Airport, except as here-
inafter provided, to be used by Lessee for commer-
cial or non-commercial aviation activities and
fixed base operations, and all activities in
connection with or incidental to said business
or operation, as herein defined.
For the purpose of this Lease, "Public airport
facilities" shall include all necessary landing
area appurtenances, including, but not limited
to, approach areas, runways, taxiways, public
aprons, public automobile parking areas, public
roadways, public sidewalks, navigational and
avigational aids, lighting facilities, public
terminal facilities or other public facilities
appurtenant to said Airport.
(2) The right of ingress to and egress from the demised
premises over and across public roadways serving
the Airport for Lessee, his agents and servants,
patrons and invitees, suppliers of service and
furnishers of material.
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(3) Said rights above shall be subject to such
ordinances, rules and regulations as now or
may hereafter have application at the Airport.
C. DESCRIPTION OF SPECIFIC PRIVILEGES, USES AND RIGHTS.
In addition to the general privileges, uses and rights herein-
above described and without limiting the generality thereof,
Lessor hereby grants to Lessee the right to engage in commercial
aviation activities, as defined in Paragraph D below, subject to
the conditions and covenants hereinafter set out.
D. DEFINITION OF COMMERCIAL AVIATION ACTIVITIES AND
FIXED BASE OPERATION. "Commercial Aviation Activities
and Fixed Base Operation" are hereby defined as those activities
which involve the sale of aviation services for profit to the
general public. Said aviation services shall include:
(1) The loading and unloading of aircraft in any lawful
activity as incidental to the conduct of any services
or operations outlined in this paragraph.
(2) The maintenance, repair and storage of aircraft,
which shall include overhauling, rebuilding, re-
pairing, inspection and licensing of same, and the
purchase and sale of parts, equipment and accessories
therefor.
(3) The operation of a business of buying and selling
aircraft and parts and accessories therefor, and
aviation equipment of all descriptions either at
retail, wholesale or as dealer.
(4) The training on the Airport of personnel in the
employ of Lessee and/or Lessee's tenants and sub-
lessees and the training on the Airport of members
of the general public as students, or otherwise
in any art, science, craft or skill pertaining
directly or indirectly to aircraft.
(5) The location, construction, erection, maintenance
and removal of improvements, in any lawful manner,
upon or in the demised premises for the purpose of
carrying out any of the activities provided for
herein, subject, however, to the conditions herein
generally or particularly set forth.
(6) The operation and sale of sightseeing service.
(7) The operation and sale of aerial survey, photography
and mapping services.
(8) The operation of non-scheduled air taxi and
charter transportation of passengers.
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(9) The operation of schools for the instruction of
flying, navigation, mechanics, aerial survey,
photography, aircraft design, theory and con-
struction.
(10) The renting and leasing of space in hangars to be
constructed hereunder for the private storage of
aircraft on a daily, weekly, monthly, or annual
basis.
(11) Subject to the prior written approval of Lessor,
the undertaking of any phase of aviation activity
in any way contributing to air transportation or
aerial navigation.
E. CONDITIONS OF GRANTING LEASE. The granting of this
Lease is conditioned upon the following covenants;
(1) That the right to use said public airport facilities
as well as any and all of Lessee's rights hereunder
shall be exercised only subject to and in accordance
with the laws of the United States of America, the
State of Texas, and the City of Fort Worth; the rules
and regulations promulgated by their authority with
reference to aviation and air navigation; and all
applicable rules and regulations and ordinances of
Lessor now in force or hereafter ordained or promul-
gated.
(2) That Lessee will not, on the grounds of religion, race,
color or national origin, discriminate or permit dis-
crimination against any person or group of persons in
any manner prohibited by Federal Aviation Administration
regulations.
ARTICLE II
OBLIGATIONS OF LESSOR
A. CLEAR TITLE. Lessor covenants and agrees that at and
until the granting of this Lease it is well seized of the leased
premises and has good title thereto, free and clear of all liens
and encumbrances having priority over this Lease; and that Lessor
has full right and authority to lease the same as herein set forth.
Lessor further covenants that all things have happened and
been done to make its granting of said Lease effective and Lessor
warrants to Lessee peaceful possession and quiet enjoyment of
the leased premises during the term hereof, upon performance of
Lessee's covenants herein.
B. OPERATION AS A PUBLIC AIRPORT. Lessor covenants and
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agrees that during the term of this Lease it will operate and
maintain the Airport and its public airport facilities, as
defined hereinabove, as public airport consistent with and pur-
suant to the Sponsor's Assurances given by Lessor to the United
States Government through the Federal Airport Act.
C. CONDITION AND MAINTENANCE OF PREMISES. Upon execution
of this agreement, Lessor shall assume no further responsibility
or liability as to the condition of all the premises demised here-
under and shall not assume responsibility or liability for main-
tenance, upkeep, or repair necessary to keep said premises in a
safe and serviceable condition.
ARTICLE III
OBLIGATIONS OF LESSEE
A. NET LEASE. Except as herein specifically provided, the
use and occupancy of the demised premises by Lessee shall be
without cost or expense to Lessor. It shall be the sole responsi-
bility of Lessee to keep, maintain, repair and operate the
entirety of all the premises leased hereunder and all improvements
and facilities thereon at Lessee's sole cost and expense.
B. CONDITION OF PREMISES. Lessee accepts all the premises
demised hereunder in their present condition, and, without ex-
pense to Lessor, will repair and maintain any installation thereon,
and remove or cause to be removed any debris to the extent
required to keep said premises in a neat and presentable condition
at all times.
C. OBLIGATION TO CONSTRUCT. Lessee shall provide for the
location, construction, erection and maintenance of improvements
upon the demised premises for the purpose of carrying out the
activities provided for herein. Said improvements shall include:
Construction on the leased premises described in
Exhibit "A" and shown on Exhibit "B" attached
hereto, said construction to consist of two
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colored, all metal hangars. One hangar shall have
building space with dimensions of 172 feet by 180
feet with offices and shop space, a concrete floor
and aircraft parking ramps, and taxiway, measuring
50 feet by 75 feet from the demised premises to
Taxiway K. The other hangar shall have building
space with dimensions of 120 feet by 180 feet, with
a concrete floor and aircraft parking ramp and
taxiway, measuring 50 feet by 75 feet from the
demised premises to Taxiway K. Approximately
Fifty Thousand (50,000) square feet of the leased
premises will be covered in asphalt to provide
ramps for the two hangars and additional aircraft
tiedown space.
All plans and specifications for the construction of building
and improvements and other facilities (including landscaping)
contemplated hereunder shall be prepared as hereinafter set out
and shall require the written approval of Lessor before any con-
struction or installation may be undertaken.
D. MINIMUM IMPROVEMENT STANDARD. As part of the consider-
ation herefor, Lessee further covenants and agrees:
(1) That he shall construct said hangar facilities and
aircraft parking ramps on a portion of the leased
premises described in Exhibit "A" and shown on
Exhibit "B", and that one hangar will be a minimum
of Thirty Thousand, Nine Hundred Sixty (30,960)
square feet of building space; and that the second
hangar will be a minimum of Twenty-One Thousand,
Six Rundred (21,600) square feet of building space;
and that Lessee will expend on such construction
an estimated sum of Nine Hundred Thousand and N01100
Dollars ($900,000) .
(2) That he shall construct on a portion of the premises
hereby demised two aircraft taxiways measuring
50 feet by 75 feet each connecting the demised
premises with Taxiway K. Said taxiways shall be
constructed at Lessee's sole expense and shall
be constructed in accordance with the Lessor's
specifications, subject to Lessor's inspection
and approval. Lessee shall receive a rental
credit in the amount of Four Thousand and N01100
Dollars ($4,000.00) for monies expended for said
taxiways.
E. SUBMISSION OF PLANS. Within ninety days after the
approval of this Agreement by the City Council of the City
of Fort Worth, Lessee shall submit to Lessor final plans and
specifications for the construction of the improvements and
facilities contemplated hereunder. All plans, specifications
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and work shall be subject to the approval of the Director of
Public Works and must conform to all local, State and Federal
codes, laws, ordinances and regulations now in force or hereafter
prescribed by authority of law. Lessee shall at his sole cost
and expense obtain all necessary licenses and permits.
F. CONSTRUCTION SCHEDULE. All construction shall be com-
pleted on or before November 1, 1978.
Upon completion of construction, title to all permanent
improvements shall vest in Lessor. All other improvements, of
a non-permanent nature, and all trade fixtures, machinery and
furnishings made or installed by Lessee may be removed from the
leased premises at any time by Lessee except as otherwise
provided in this Lease.
G. MAINTENANCE. Lessee shall, at his sole cost and expense,
maintain all the premises demised hereunder and the improvements
and appurtenances thereto in a presentable condition consistent
with good business practice in a safe, neat, sightly and good
physical condition. Lessee shall repair all damages to said
premises caused by his employees, patrons, or its operation thereon;
shall maintain and repair all equipment thereon, including any
drainage installations, paving, curbs, islands, buildings and im-
provements; and shall repaint and reglaze its own buildings and
facilities as necessary.
Lessee agrees that in the event it shall become necessary
to make changes within the area covered by this Lease of
plumbing, any wiring or similar installations, Lessee will
promptly make such changes and installations at his sole expense,
subject to the approval of Lessor and in accordance with all
applicable Federal, State and municipal laws or regulations.
Lessor in its reasonable discretion shall be the sole judge
of the quality of maintenance. Upon written notices by Lessor
to Lessee, Lessee shall be required to perform whatever main-
-7-
tenance Lessor deems necessary. If such maintenance is not
undertaken by Lessee within ten (10) days after receipt of
written notice, Lessor shall have the right to enter upon the
demised premises and perform such maintenance, the cost of
which shall be borne by Lessee.
H. COMMERCIAL AVIATION OPERATIONS BY LESSEE. Lessee
agrees that any commercial aviation operations on the premises
shall be conducted in a proper, efficient and courteous manner.
Lessee agrees to promote aviation activity on the Airport.
Lessee further agrees that all said services shall be
furnished on a fair, equal and non-discriminatory basis to
all users thereof, and that only fair, reasonable and non-dis-
criminatory prices for each unit of sale or service will be
charged.
I. UTILITIES. Lessee shall assume and pay for all costs
or charges for utility services furnished to Lessee during the
term hereof. Lessee shall have the right to connect to any and
all storm and sanitary sewers and all water and public utilities
at its own cost and expense, and Lessee shall pay for any and all
service charges incurred therefor.
J. TRASH, FIRE EXTINGUISHERS, ETC. Lessee shall provide
a complete and proper arrangement for the adequate sanitary
handling and disposal away from the Airport of all trash,
garbage, and other refuse caused as a result of the operation
of its business. Lessee shall provide and use suitable covered
metal receptacles for all such garbage, trash and other refuse.
Piling of boxes, carton, barrels or other similar items in an
unsightly or unsafe manner on or about the demised premises
shall not be permitted.
Lessee shall also provide and maintain in proper condition
readily accessible fire extinguishers in a number and of a type
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approved by fire underwriters for the particular hazard involved.
K. SIGNS. Lessee shall not maintain upon the outside of
any improvements or elsewhere on the demised premises any bill-
boards or advertising signs without the prior written consent
of the Airport Manager. Flashing lighted signs shall be pro-
hibited.
L. FIELD USE CHARGES. Nothing herein shall be deemed to
relieve Lessee and his tenants, sublessees, patrons, invitees,
and others from such field use charges, including fuel flowage
fees, as are levied generally by Lessor directly or indirectly
at the Airport.
M. PREFERENCE LIEN. Lessee hereby gives, grants and
pledges unto Lessor a contractual preference lien upon all
property, tangible or intangible, and property rights belonging
to Lessee now or at any time hereafter placed in or upon the
demised premises to secure the prompt payment of all rentals
and fees and the performance of any or all covenants and obliga-
tions to be kept and performed by Lessee hereunder.
ARTICLE IV
TERM OF LEASEHOLD
A. TERM. The term of this lease shall be for a period of
thirty (30) years commencing June 1, 1978, and ending May 31,
2008. If Lessee exercises and performs all of its duties and
obligations hereunder during the term hereof, then upon applying
in writing not less than six months nor more than nine months
before the end of the said term, Lessee shall have the first right
of refusal to execute a new lease of the demised premises for
two additional consecutive five-year periods, with each lease for
such additional period to be on such terms and conditions as Lessor
may prescribe and with the rentals provided for therein to be
based on rental rates of comparable properties at Meacham Field
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at the time of the execution of each additional lease agreement.
Any increase in said rental payments shall not exceed ten percent
(101%) of the rental amount theretofore payable under the then
expiring lease agreement.
ARTICLE V
A. GROUND RENTAL. As annual ground rental for the ground
area leased hereunder, as described in Exhibit "A" and shown on
Exhibit "B" attached hereto, said area containing a total of Three
Hundred Thirty-Seven Thousand, Four Hundred Sixty-Four (337,464)
square feet, Lessee shall pay to Lessor Eight (8) cents per
square foot per year for an annual rental of Twenty-Six Thousand
Nine Hundred Ninety-Seven and 12/100 Dollars ($26,997.12) each
year of the term of this agreement. Rental payments shall commence
at the time any part of the property becomes occupied for revenue
producing purposes but in no case later than November 1, 1978.
The sum of Five Hundred Dollars ($500.00) , which constitutes the
purchase price of the "Option to Lease Land" under City Secretary
Contract No. 9659, entered into by and between the City of Fort
Worth and Piper Southwest, Inc., which was subsequently assigned
by Piper Southwest, Inc., to Reed Pigman, Jr., an individual,
shall be credited to Lessee's first year rental payments to be
made hereunder. In addition, the sum of Four Thousand Dollars
($4,000.00) , which constitutes credit for the monies expended
in constructing the taxiways described in Article III, Section D
of this lease agreement, shall be credited to Lessee 's first
year rental payments to be made hereunder.
B. ADJUSTMENT OF RENTALS. Upon written notice from Lessor
to Lessee delivered within 30 days prior to the end of each five
(5) year period during the term of this Lease, Lessor shall have
the right but not the duty to adjust the ground rental payable
hereunder to conform same to rentals then prevailing at the airport
for comparable ground space, any increase in ground rental not to
-10- Revised
exceed ten percent (10%) of the amount theretofore payable under
the then expiring five (5) year period.
C. TIME PAYMENT. All rentals shall be paid monthly in
advance, in amounts each month equal to one-twelfth (1/12) of the
annual rental, the first payment in the amount of Two Thousand
Two Hundred Forty-nine and 76/100 Dollars ($2,249.76) at the time
any part of the property becomes occupied for revenue producing
purposes but in no case later than November 1, 1978; and a like
payment shall be due on or before the first day of each successive
month thereafter during the term hereof; provided, however, that
the sums of Five Hundred Dollars ($500.00) and Four Thousand
Dollars ($4,000.00) as referred to in Section A "Ground Rental"
of this Article, shall be credited to Lessee's first year rental
payne nts, said credit to be applied in whatever manner indicated
in writing by Lessee.
ARTICLE VI
INSURANCE AND INDEMNIFICATION
A. FIRE INSURANCE. During the full term of this Lease,
Lessee shall, at his sole cost and expense, cause all improve-
ments constructed in the demised premises to be kept insured
to the full insurable value thereof against the perils of
explosion, fire and like perils.
Said insurance shall be procured from a company authorized
to do business in the State of Texas and satisfactory to Lessor,
and Lessee shall provide evidence satisfactory to Lessor that
such coverage has been procured and is being maintained.
The proceeds of any such insurance paid on account of any
of the perils aforesaid shall be used to defray the cost of
repairing, restoring or reconstructing said improvements, as
necessary in the opinion of Lessor.
Property insurance policies required by this paragraph
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shall contain waiver of subrogation endorsements and shall con-
tain a provision that no change, cancellation or renewal of
such insurance shall take effect until at least 30 days after
notice thereof in writing has been delivered to Lessor.
B. INDEMNIFICATION. Lessor shall stand indemnified by
Lessee as herein provided. Lessee is and shall be deemed to
be an independent contractor and operator responsible to all
parties for his respective acts or omissions, and Lessor shall
in no way be responsible therefor. Lessee covenants and
agrees to indemnify, hold harmless and defend at his expense,
Lessor, its officers, agents, servants or employees from and
against any and all claims or suits for damages or injury,
including death, to any and all persons or property, of what-
soever kind or character, arising out of or incident to the
leasing of or the use, occupancy, or maintenance of the premises
by Lessee, his officers, agents, employees, patrons, contractors,
subcontractors, licensees or invitees; and Lessee does hereby
assume all liability and responsibility for any and all claims
or suits for damages or injuries, including death, to any and
all persons or property, of whatsoever kind or character,
whether real or asserted, occurring during the term of this lease
in connection with the use, occupancy or maintenance of the
premises by Lessee, his officers, agents, employees, patrons,
contractors, subcontractors, licensees or invitees; and Lessee
hereby indemnifies and holds harmless the Lessor for any and
all damage or destruction to Lessor's property arising out of
the acts or omissions of Lessee, his agents and employees.
Lessee shall pay promptly when due all bills or charges for
construction or maintenance as well as any other amounts due
for material, services and labor furnished in connection herewith,
and shall indemnify Lessor for non-payment of same. Lessee shall
indemnify Lessor against any and all mechanics and materialmen's
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liens or any other type of claims or liens imposed upon the
premises demised hereunder arising as a result of Lessee's
conduct or inactivity.
Lessee shall promptly, after the execution of this Lease,
provide public liability insurance for personal injuries/death
growing out of any one accident or other cause in a minimum sum
of One Hundred Thousand Dollars ($100,000.00) for one person
and Three Hundred Thousand Dollars ($300,000.00) for two or
more persons; and shall provide property damage liability
insurance in a minimum sum of Three Hundred Thousand Dollars
($300,000.00) for property damage growing out of any one accident
or other cause.
Lessee shall maintain said insurance with insurance under-
writers authorized to do business in the State of Texas and
approved by Lessor. Lessee shall furnish Lessor with a certificate
from the insurance carrier showing such insurance to be in full
force and effect during the entire term of this Lease, or shall
deposit with the Lessor copies of said policies.
Said policies or certificates shall contain a provision that
written notice of cancellation or of any material change in
said policy by the insurer shall be delivered to Lessor thirty
(30) days in advance of the effective date thereof.
ARTICLE VII
CANCELLATION ASSIGNMENT AND TRANSFER
A. CANCELLATION BY LESSOR. This Lease shall be subject
to cancellation by Lessor in the event Lessee shall:
(1) Be in arrears in the payment of the whole or any
part of the amounts agreed upon hereunder for a
period of fifteen (15) days after the time such
payments become due.
(2) Make a voluntary or involuntary assignment for the
benefit of creditors.
(3) File a voluntary petition in bankruptcy.
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(4) Abandon the demised premises.
(5) Fail to replace any improvements by Lessee which
have been destroyed by fire, explosion, etc.,
within six (6) months from the date of such
destruction, or,
(6) Default in the performance of any of the covenants,
and conditions required herein.
In any of the aforesaid events, Lessor shall give Lessee
written notice of such breach or default, and Lessee shall
immediately correct same. If within thirty (30) days from the
date of such notice, the breach or default complained of shall
not have been corrected, then and in such event, Lessor shall
have the right to declare this lease immediately terminated as
to the balance of the term herein, and may forcibly, if necessary,
re-enter and take immediate possession of the demised premises
and remove or seize Lessee's effects under the preference lien
granted to secure performance of Lessee's obligations hereunder
without being deemed guilty of any nature of trespass; provided,
however that in the event that subsections (2) and/or (3) occur,
Lessor shall not be required to give written notice to Lessee,
but Lessee shall have thirty (30) days from the occurrence of
said event to correct same. This lease, or a copy hereof, shall
be sufficient warrant for any person. All rental due hereunder
shall be payable to said date of termination.
Failure of Lessor to declare this Lease terminated upon
the default of Lessee for any of the reasons set out shall not
operate to bar or destroy the right of Lessor to cancel this
Lease by reason of any subsequent default or violation of the
terms hereof.
B. ASSIGNMENT AND TRANSFER. This Lease shall not be
assigned in whole or in part by Lessee without the prior written
consent of Lessor, and any attempted assignment without such prior
written consent shall be void.
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Revised
C. SUSPENSION OF LEASE. During the time of war or
national emergency, Lessor shall have the right to lease the
landing area or any part of said Airport to the United States
Government for military or naval use. If any such lease is
executed, any provisions of this instrument which are incon-
sistent with the provisions of the lease to the Government
shall be suspended. Nothing contained in this lease shall
prevent Lessee from pursuing any rights which Lessee may have
for reimbursement from the United States Government for the
taking of any part of this leasehold or for any loss or damage
caused to Lessee by the United States Government.
ARTICLE VIII
RIGHTS UPON TERMINATION
Upon termination of this Lease other than under Article
VII A hereof, Lessee shall immediately remove all personal
property from the demised premises and return the premises
and improvements thereon to Lessor in a good state of repair.
Any property remaining on the premises after termination shall,
at Lessor's sole option, become the property of Lessor or same
may be removed and/or disposed of in any manner deemed appro-
priate by Lessor. Lessor shall not be liable in any manner
for such removal and/or disposal; and the cost and expense of
such removal and/or disposition shall be paid by Lessee.
ARTICLE IX
GENERAL PROVISIONS
A. CONCESSIONS EXCLUDED. It is specifically agreed and
stipulated that the following concessions and the establish-
ment thereof are excluded from this Lease, to wit:
(1) Ground transportation for hire.
(2) Auto rental.
(3) Food sales.
(4) News and sundry sales.
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(5) Barber and valet service.
(6) Alcoholic beverages.
(7) Aviation fuel sales.
B. ATTORNEY'S FEES. In any action brought by Lessor for
the enforcement of the obligations of Lessee, Lessor shall be
entitled to recover interest and reasonable attorney's fees.
C. TAXES. Lessee agrees to pay any taxes or assessments
which may be lawfully levied against Lessee's occupancy or use of
the demised premises or any improvements or property placed thereon
as a result of Lessee's occupancy.
D. SUBORDINATION OF LEASE. This lease shall be subordinated
to the provisions of any existing or future agreement between
Lessor and the United States relative to the operation or mainte-
nance of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of Federal
funds for the development of the Airport.
E. PARAGRAPH HEADINGS. The paragraph headings contained
herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this lease.
F. NOTICES. Notices to Lessor provided for herein shall
be sufficient if sent by certified mail, postage prepaid,
addressed to Airport Manager, Fort Worth Municipal Airport,
Meacham Field, Fort Worth, Texas, and notices to Lessee if sent
by certified mail, postage prepaid, addressed to Reed Pigman, Jr.,
Meacham Field, Fort Worth, Texas or to such other addresses as
the parties may designate to each other in writing from time to
time.
G. SUCCESSORS AND ASSIGNS. All of the terms, covenants
and agreements herein contained shall be binding upon and shall
inure to the benefit of successors and assigns of the respective
parties hereto.
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Revised
H. VENUE. The venue of any action brought on this contract
shall lie in Tarrant County, Texas.
df
EXECUTED at Fort Worth, Tarrant County, Texas, this day
Of Ce%�. 1978.
ATTEST: CITY OF FORT WORTH, LESSOR
.
B y
City Secretary City Manager
APPROVED AS TO FORM AND LEGALITY:
REED PIGMAN, JR., LESSEE
City Attor ey
Reed Pigman, J .,
An Individual
DPROVED BY CITY COUNCID
City Secre ary,
-�7 7$
Date
-17- Revised
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�o System, North Central Zone. i.
Orsmncea are pmund measurmeMS. ”� � � - !
1014177 I•-700
M.D,B. 0-1044
Piper Southwest �ase Site
r.
Fort Worth Municipal Airport
Meacham Field
A parcel of land out of the James Wallace and the S.A. and M.G. Railroad Company
Surveys, Tarrant County, Texas, and being a portion of the Fort Worth Municipal
Airport, Meacham Field, as conveyed to the City of Fort Worth, by deeds recorded
in Volume 1074, Page 498, Volume 4958, Page 636, and Volume 1910, Page 561, Deed
Records, Tarrant County, Texas, and more particularly described using the Texas
Coordinate System, North Central Zone, coordinates and bearings as follows:
Commence at a point in the north line of 38th Street and the west line of North
Main Street, said point being an easterly southeast corner of said Meacham Field,
Thence; North 4,414.34 feet and West 1,372.78 feet to the point of beginning,
the coordinates of said beginning point are x=2,044,316.39 and y=421,361.79;
THENCE; South 49 degrees 10 minutes 32 seconds West 206.17 feet to an iron pin;
THENCE: South 3 degrees 05 minutes 45 seconds West 104.1 feet to point;
THENCE: South 71 degrees 18 minutes 14 seconds West 100.03 feet to an iron pin;
THENCE: North 87 degrees 09 minutes 22 seconds West 194.15 feet to an iron pin;
THENCE: North 8 degrees 09 minutes 56 seconds West 428.32 feet to an iron pin;
THENCE: North 81 degrees 50 minutes 48 seconds East 315.52 feet to an iron pin
in the westerly line of North Main Street;
THENCE: South 43 degrees 46 minutes 29 seconds East, with the westerly line of
North Main Street, 287.45 feet to the place of beginning and containing 168,732.0
square feet of land more or less.
PUBLIC WORKS DEPARTMENT
JACK M. GRAHAM, P.E. , DIRECTOR
JO13N L. JONES, P.E. , CI'.iEF ENGINEER
EPD:SM 10-06-77
Exhibit "A-1 "
Piper Southwest Lease Site "A"
Fort Worth. %unicipal Airport
Meacham Yield
A parcel of land out of the James Wallace and the S.A. and M.G. Railroad Company
Surveys, Tarrant County, Texas, and being a portion of the Fort Worth Municipal
Airport, Meacham Field, as conveyed to the City of Fort Worth, by deeds recorded
in Volume 1074, Page 498, Volume 4958, Page 636 and Volume 1910, Page 561, Deed
Records, Tarrant County, Texas, and more particularly described using the Texas
Coordinate System, North Central Zone, coordinates and bearings as follows:
Commence at a point in the north line of 38th Street and the west line of North
Main Street, said point being an easterly southeast corner of said Meacham Field,
Thence: forth 4,153.18 feet and West 1823.08 feet to the point of beginning,
the coordinates of said beginning point are: x=2,043,866.16 and y=421,100.66;
THENCE: North 87 degrees 09 minutes 22 seconds West 445.53 feet to an iron pin;
THENCE: North 8 degrees 09 minutes 56 seconds West 343.33 feet to an iron pin;
THENCE: North 81 degrees 50 minutes 48 seconds East 437.27 feet to an iron pin;
THENCE: South 8 degrees 09 minutes 56 seconds East 428.32 feet to an iron pin,
the place of beginning and containing 168,732.0 square feet of land more or less.
PUBLIC WORKS DEPARTMENT
JACK M. GRAHAM, P.E. , DIRECTOR
JOHN L. JONES, P.E. , CHIEF ENGI.`a
EPD:SM 10-04-77
Fx}tihi} iA Is
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT.Option Assignment - Piper South- PAGE
NUMBER
6/'27/78 C-4235 west, Inc. to Reed Pigman, Jr. 1of 1
On September 27, 1977, Piper Southwest, Inc. , entered into City Secretary
Contract No. 9659 to hold a six-month option to lease a tract of land con-
taining 337,464 square feet at Meacham Field. On March 27, 1978, the
firm notified the airport manager by letter of its intent to exercLse its
c-pt :o,n. Prior to that notification, however, Piper Southwest, Inc. was purchased
it its entirety by Reed Pigman, Jr.
On April 27, 1978, the Aviation Advisory Board recommended approval of an assign-
ment of the option rights from Piper Southwest, Inc. to Texas Hangars, Inc. and,
at the same time, recommended a new lease to Texas Hangars, Inc. , a company to
be formed and wholly-owned by Mr. Pigman. Mr. Pigman proposed to build on the
site two hangars at a combined cost of approximately $900,000. On May 2, 1978,
the City Council approved the Av ation Advisory Board reco,=endation (M&C C-
4173) .
Since that time Mr. Pigirian's, plans have changed. He now proposes to enter into
a lease agr=eement as an individual, although he may request to sublease at a
later- time to a new company to be formed. The term, rates, and conditions of
t_h_e lease will remain the same as those approved in previous communication.
At its meeting on June 19, 1978, the Aviation Advisory Board unanimously recom-
mended approval of
lj Acstgrment of the option right granted und�ar �:�a � Secretary
Contract No. 9659 from Piper Southwest, Inc, , to Reed Pigman,Jr. ,
an individual.; and,
(2) Granting of a new lease to Reed Pigman, Jr. , an individual, under
the terms and conditions set out in AABC-688 and M&C C-4173
Recommendation
It is recommended that the City Council authorize:
(1) Assignment of the option rights granted under City Secretary
Contract No. 9659 from Piper Southwest, Inc, , to Reed Pigman,Jr. ,
an individual; and,
(2) Grunting of a new lease to Reed Pigman, Jr, , are individual, under
the terms and conditions set out in AABC-688 and M&C C-4173, subject
tc the actual assignment from Piper Southwest, Inc. , to Reed Pigman,
Jr, , of the option rights granted under City Secretary Contract No.
9659.
JMT:jc
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED Q OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER