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HomeMy WebLinkAbout1997-148hang 10 or4 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HANGAR 10 FLYING MUSEUM FOR APPROXIMATELY 32,400 SQUARE FEET OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL 64,800 SQUARE FEET, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is authorized to execute a commercial lease agreement between the City of Denton, Texas and Hangar 10 Flying Museum for approximately 32,400 square feet of land located at the Denton Municipal Airport, under the terms and conditions contained within the agreement, which is attached hereto and made a part hereof ,SECTION II. That this ordinance shall become effective immediately upon its passage and approval v ��f�'' PASSED AND APPROVED this the reday of A� 1997 JA LLER, MAYOR ATTEST- JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY MLi It 1A L(L�tLe,!-a APPR ED L TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS BY < c ORIGINAL AIRPORT LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON This lease is made and executed this zeday of _ _ 1997, at Denton, Texas, by and between the City of Denton, Texas, a municipal co ration, hereinafter referred to as "Lessor", and Hangar 10 Flying Museum, having its principal offices at 5088 Sabre Lane, Denton, Texas, Denton Municipal Airport, Denton, Texas 76207, hereinafter referred to as "Lessee" WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas, and WHEREAS, Lessee desires to lease certain premises on stud airport and construct and maintain an office, warehouse, aircraft hangar and related aviation facilities thereon, and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this agreement, the parties agree as follows NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON- TAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING A PRINCIPLES OF OPERATIONS Does not grant Lessee the right to operate as a fixed base operation to serve the public B NON-DISCRIMAMN Lessee, for himself, his personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that No person on the grounds of race, religion, color, sex, 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, and 2 In the construction of any improvements on, over, or under such land and the fiunushings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and Lessee shall use the pretenses 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 - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended C RiCHT OF INDIVIDUALS TO MAINTAIN AILCRMT It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D NQN-EXCLUSIVE RIGHT, It is understood and agreed that nothing herem contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 US C Appendix §1349 �aqwqm'm 1 Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance 2 Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard 3 During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of tlus instrument insofar as they are mconsistent with the provisions of the lease to the Government, shall be suspended, 4 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would lint the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. Hangar 10 Flying Museum Lease Agreement - Page 2 5 This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas A LAND A tract of land measuring 180 feet x 180 feet, approximately 32,400 square feet in area, as drawn and outlined on Exhibit "A", incorporated herein by reference, denoted therein as Tract A and legally described below All that certain tract or parcel of land situated in the William Neil Survey, Abstract Number 970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the City of Denton, Denton County, Texas, and Med for record in CAB O,PG 295 Plat Records of Denton County, Texas Commencing at the most westerly southwest corner of said Lot One, Block One, Southeast Airport Addition, of which the northwest corner bears north 08 degrees 36 minutes 21 seconds east a distance of 1610 27 feet THENCE north 08 degrees 36 minutes 21 seconds east with the west boundary line of said Lot One, Block One, a distance of 936 47 feet to a point in the west line of said Southeast Airport Addition THENCE south 88 degrees 36 minutes 10 seconds east a distance of 373 28 feet to an iron pin set for the northwest of the herein described tract Said point also being the northeast corner of a 60 feet access, drainage, and utility easement, and the point of beginning of the herein described tract; THENCE south 88 degrees 36 minutes 10 seconds east with the south line of a 130 feet taxiway, drainage, and utility easement a distance of 180 00 feet to an iron pin set for the northeast corner of the herein described tract, THENCE south 01 degrees 23 minutes 50 seconds west a distance of 180 00 feet to an iron pin set for the southeast corner of the herein described tract, said iron pin being in the north line of 60 feet access, drainage, and utility easement, Hangar 10 Flying Museum Lease Agreement - Page 3 THENCE north 88 degrees 36 minutes 10 seconds west with the north line of said access easement a distance of 180 00 feet to an iron pm set for the southwest corner of the herein described tract, THENCE north 01 degrees 36 minutes 50 seconds east with said 60 feet access easement a distance of 180 00 feet to the point of beginning and containing 32,400 00 square feet or 0 7438 acres of land Together with the right of ingress and egress to said property, and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified above, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned or controlled by the Lessor PLUS, B RIGHT OF FMST MJSAL TO LEASE TRACT B Provided that, and for so long as Lessee stays in lawful possession of the land denoted above as Tract A, Lessee shall have a right of first refusal on any lease negotiated on the tract of land identified and drawn on Exhibit "A" as Tract B, measuring 180 feet X 180 feet, approximately 32,400 square feet in area, and legally described below, All that certain tract or parcel of land situated in the William Neil Survey, Abstract Number 970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the City of Denton, Denton County, Texas, and filed for record in CAB G,PG 295 Plat Records of Denton County, Texas Commencing at the most westerly southwest corner of said Lot One, Block One, Southeast Airport Addition, of which the northwest corner bears north 08 degrees 36 minutes 21 seconds east a distance of 1610 27 feet THENCE north 08 degrees 36 minutes 21 seconds east with the west boundary line of said Lot One, Block One, a distance of 936 47 feet to a point in the west line of said Southeast Airport Addition THENCE south 88 degrees 36 minutes 10 seconds east a distance of 553 28 feet to an iron pin set for the northwest of the herein described tract Said point also lying in the south line of a 130 feet taxiway, drainage, and utility easement, and the point of beginning of the herein described tract, Hangar 10 Flying Museum Lease Agreement - Page 4 THENCE south 88 degrees 36 minutes 10 seconds east with the south line of said taxiway easement a distance of 180 00 feet to an iron pin set for the northeast corner of the herein described tract, THENCE south 01 degrees 23 minutes 50 seconds west a distance of 180 00 feet to an iron pin set for the southeast corner of the herein described tract, and lying in the north line of a 60 feet access, drainage, and utility easement, THENCE north 88 degrees 36 minutes 10 seconds west with the north line of said access easement a distance of 180 00 feet to an iron pin set for the southwest corner of the herein described tract, THENCE north 01 degrees 23 minutes 50 seconds east a distance of 180 00 feet to an iron pin at the northwest corner of the herein described tract and the point of beginning and containing 32,400 00 square feet or 0 7438 acres of land The Lessor shall notify Lessee, in writing, of any bonafide offer on lease options with third parties on the identified Tract B Lessee shall have thirty (30) days to exercise its right of first refusal on Tract B Any future lease negotiated on Tract B shall be subject to whatever lease terms may be negotiated between Lessor and Lessee, and Lessee shall have no vested right to lease said tract under any particular terms of agreement, or specified rental, whether contained within this agreement or any other Lessee's exercise of said right of first refusal is expressly conditioned upon Lessee's continuous and simultaneous rental of Tract A above In no event shall this right of first refusal extend more than two (2) years past the initial execution of this Agreement Together with the right of ingress and egress to said property, and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified above, including leasehold improve- ments constructed by the Lessee, but not including certain easements or property owned or controlled by the Lessor PLUS, C RlQa QE FIRST REFUSAL TO LEASTRACT . Provided that, and for so long as Lessee stays in lawfid possession of the land denoted above as Tract A and B, Lessee shall have a right of first refusal on any lease negotiated on the tract of land identified and drawn on Exhibit "A" as Tract C, measuring 180 feet x 180 feet, approximately 32,400 square feet in area, and legally described below, Hangar 10 Flying Museum Lease Agreement - Page 5 All that certain tract or parcel of land situated in the Witham Neil Survey, Abstract Number 970, and being a part of Lot One, Block One, of the Southeast Airport Addition, in the City of Denton, Denton County, Texas, and filed for record in CAB G,PG 295 Plat Records of Denton County, Texas Commencing at the most westerly southwest corner of said Lot One, Block One, Southeast Airport Addition, of which the northwest corner bears north 08 degrees 36 minutes 21 seconds east a distance of 1610 27 feet THENCE north 08 degrees 36 minutes 21 seconds east with the west boundary line of said Lot One, Block One, a distance of 936 47 feet to a point in the west line of said Southeast Airport Addition THENCE south 88 degrees 36 minutes 10 seconds east a distance of 733 28 feet to an iron pin set for the northwest of the herein described tract Said point being in the south line of a 130 feet taxiway, drainage, and utility easement, and the point of beginning of the herein described tract, THENCE south 88 degrees 36 minutes 10 seconds east with the south line of said taxiway easement a distance of 180 00 feet to an iron pin set for the northeast corner of the herein described tract, THENCE south 01 degrees 23 minutes 50 seconds west a distance to an iron pin set for the southeast corner of the herein described tract and being in the north line of a 60 feet access, drainage, and utility easement, THENCE north 88 degrees 36 minutes 10 seconds west with the north line of said access easement a distance of 180 00 feet to an iron pin set for the southwest corner of the herein described tract, THENCE north 01 degrees 23 minutes 50 seconds east a distance of 180 00 feet to an iron pin in the south line of said taxiway easement and the point of beginning and containing 32,400 00 square feet or 0,7438 acres of land The Lessor shall notify Lessee, in writing, of any bonafide offer on lease options with third parties on the identified Tract C Lessee shall have thirty (30) days to exercise its right of first refusal on Tract C Any future lease negotiated on Tract C shall be subject to whatever lease terms may be negotiated between Lessor and Lessee, and Lessee shall have no vested right to lease said tract under any particular terms of agreement, or specified rental, whether contained within this agreement or any other Lessee's exercise of said right of first refusal is expressly conditioned upon Lessee's continuous and simultaneous rental of Tracts A and B, above In no event shall this right of first refusal extend more than four (4) years past the initial execution of this Agreement Hangar 10 Flying Museum Lease Agreement - Page 6 Together with the right of ingress and egress to said property, and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified above, including leasehold improve- ments constructed by the Lessee, but not including certain easements or property owned or controlled by the Lessor D IMPROVEMENTS PROVIDED BY LESSOR NONE There will be no improvements provided by Lessor, except as set forth in Article II E "Access to Utilities" below For the purpose of this agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property Unless otherwise noted heresy all Lessor improvements are and will remain the property of Lessor All Lessor improvements must be described in detail above, or above referenced and attached to this agreement in an exhibit approved by Lessor E IMPROVEMENTS PROVIDED BY LESSEE On Tract A, Lessee shall construct a 12,000 square foot office and hangar facility, with taxiway access and appropriate culverts as required by City ordinances in the drainage channel north of the hanger and south of the taxiway, as well as other improvements as shown on the attached site plan Exhibit "B", and required by City ordinances Should Lessee exercise its right of first refusal to lease Tract B, Lessee shall construct a 12,000 square foot hangar facility, with taxiway access and appropriate culverts as required by City ordinances in the drainage channel north of the northern ramp boundary for taxiway access, as well as other improvements as shown on the attached site plan Exhibit "B", and required by City ordinances Should Lessee exercise its right of first refusal to lease Tract C, unprovements will be the same as those identified for Tract B F EASEMENTS Lessor and Lessee by mutual agreement may establish, on the lease premises, easements for public access on roads and taxiways The initial term of this agreement shall be for a period of thirty (30) years, commencing on the 15th day of May, 1997, and contmuing through the 14th day of May, 2027, unless earlier terminated under the provisions of the agreement Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period Lessee has the option to renew for two (2) additional ten (10) year terms The rental and the provisions of the agreement to be negotiated for either of the additional terms shall be Hangar 10 Plying Museum Lease Agreement - Page 7 reasonable and consistent with the then value, rentals and provisions of agreement of similar property on the airport Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees A LAND RENTS shall be due and payable in twelve (12) equal monthly installments in advance, on or before the first of each and every month during the term of this agreement in the amount of one -twelfth (1/12) of an annual rental payment based on the following formulae, calculated on the basis of minimum. yearly rentals adjusted for inflation as per paragraph IV C 1, 05/15/97 - 05/14/03 $0,05 per square foot mimmum yearly rental, adjusted annually per paragrapL%e 2 0current lease rate will be increased by a sum of $0 10 per square foot minimum yearly rental, adjusted annually per paragraph IV C 3, 09/15/11 - Q5/14/27 The current lease rate will be increased by a sum of $0 03 per square foot minimum yearly rental, adjusted annually per paragraph IV C B LESSOR IDTROVEMENTS RENTALS NONE There are no Lessor improvements on the leased premises. C PA)MEM PENALTY ADJUSTMENTS All payments will be due on the 15th of the month This payment will be for the prior month fees and the current month land rentals If payments are not received before or on the 15th, a five (5) percent penalty will be due as of the 16th If payments are not received by the first of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due A one (1) percent charge will be added on the first of each subsequent month until the unpaid rental/fee payment is made Failure to pay the rent, fee, or either monetary penalty amounts on delinquent rent or fees shall constitute an event of default of this Lease. The yearly rental for land and improvements herem leased shall be readjusted at the end of each year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas -Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics bears to the January, 1997 index, which was 150 (1982-84 = 100) Each rental adjustment, if any, shall occur on the 15th day of May, beginning 1998, and every year thereafter on such date The adjustments in the yearly rent shall be determined by multiplying the n u mum yearly rent as set forth in Section IV A by a fraction, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number for January, Hangar 10 Flying Museum Lease Agreement - Page 8 1997, which was 150 (1982-84 = 100) If the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV A , Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section If the product of this multiplication is less than the mmmium yearly rent of as set forth in Section IV A , there shall be no adjustment in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section IV A, until the time of the next rental adjustment as called for in this section In no event shall any rental adjustment called for in this section result in an annual rent less than the minimum yearly rent of as set forth in Section IV A The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten percent (10%) If the consumer price index for all urban consumers (CPI-U) for the Dallas -Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (A) above, but substituting the index numbers for the Consumer Price Index -Seasonally Adjusted U S City Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas -Fort Worth geographical region. If both the CPI-U for the Dallas -Fort Worth geographical region and the U S City Average are discontinued during the term of this lease, the remaining rental adjustments called for in tjus,section shall be made using the statistics of the Bureau of Labor Statistics of the United States Deparhment of Labor that are most nearly comparable to the CPI-U applicable to the Dallas - Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor A USE OF TEASED EUbMSES Lessee is granted the non-exclusive privilege to use the leased premises to engage in or provide the following 1, Hangarmg and exhibition of aircraft, maintenance, repair, and restoration of aircraft of Lessee and its tenants of aircraft, 2 Hangar, with offices and maintenance shop Lessee may not use any portion of the Premises for any other use unless otherwise agreed to by Lessor and Lessee Lessee, or sublessees shall not be authorized to conduct any services not specifically listed in this agreement The use of the lease premises of Lessee, or sublessees shall be limited to only those Hangar 10 Flying Museum Lease Agreement - Page 9 private activities having to do with or related to airports and aviation No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or mdus- trial activity The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services g ZMEff.IbTT)F.Ni' CONTRACTOR During all tunes that this Lease is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of City with respect to their acts or omissions hereunder For all purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herem shall be deemed or construed to constitute a partnership or joint venture between or among the parties hereto C STANDARDS Lessee shall meet or exceed the following standards 1 Address Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency 2 LjA. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees 3 Conduct Lessee shall contractually require his employers and sublessees (and sublessee's invitees) to abide by the provisions of the agreement Lessee shall promptly enforce his contractual rights in the event of a default of such covenants 4 1 1 itNies, Taxes and Fees. Lessee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed aws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits Lessee's use of the premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the leased premises and shall at all times comply with the laws, codes, ordinances, rules, and regulations , either existing or those promulgated in the future, by the City of Denton, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors Lessee shall not operate Hangar 10 Flying Museum Lease Agreement - Page 10 or permit the operation of any transmitter devices, electrical signal producers, or machinery on the leased premises which could interfere with the electromc aircraft navigation aids or devices located on or off Airport property Lessee shall not be permitted to engage in any business or operation on the leased premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration or the City of Denton 6 MWatenwiceofProoertv Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowmg or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectional matter or thing Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises Lessee agrees that at no time shall the leased premises be used for a flea market type sales operation 7 1nA 1 hMz d use of Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein S Dwellings It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises 9. Sht Possession Lessee shall quit possession of all premises leased herem at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted 10. H= HARMLESS, LESSEE SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND AGAINST ALL LOSS AND DAMAGES, INCLUDING DEATH, PERSONAL INJURY, LOSS OF PROPERTY OR OTHER DAM- AGES, ARISING OR RESULTING FROM THE OPERATION OF LESSEE'S BUSINESS IN AND UPON THE LEASED PREMISES I l Chemigals Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues, to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products, and to comply with all Local, State Hangar 10 Flying Museum Lease Agreement - Page 11 and Federal regulations governing the storage, handling or disposal of such chemicals and paints 12 Hazardous Activities Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administratton, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s) In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into confbrmance with the particular law, rule or aeronautical regulation being violated Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fad to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the viola- tion(s), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process D SIGNS During the term of this agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying Lessee Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport Lessor's approval shall not be withheld unreasonably Said signs shall be maintained in good repair throughout the term of this agreement Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this agreement or extensions thereof Lessor hereby agrees as follows A PEACEEIUL ENJOYMENT That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herem granted, Hangar 10 Flying Museum Lease Agreement - Page 12 B COWLIANCE Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights anti easenaints over adjoining and contiguous areas, over -flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take -off and landing procedures from said Denton Municipal Airport, Lessor further warrants and represents that at all tunes during the tern hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. Room ii i v OR It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions A RJMWAYS AND TAXIWAYS That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take -off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such tune that the runway and designated taxiways on the Airport have been unproved to handle aircraft of such excessive weights It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and uivitees, but shall not include those activities over which it has no sohcitory part or control, such as an unsolicited or unscheduled or emergency landuig A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the munediate termination of this entire agreement and subject Lessee to liability for any damages to the Airport that might result 53 _ilm waill_u_► A RF.00m__WhF1 TS. Before commencing the construction of any improvements upon the premises, Lessee shall subunt 1 Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport Hangar 10 Flying Museum lease Agreement - Page 13 2 All plans and specifications showing the location upon the premises of the proposed construction, 3, The estimated cost of such construction No construction may continence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure Approval by the City Council shall not be unreasonably withheld, should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved Documentary evidence of the actual cost of construction on public areas only (such as tamways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of tlus lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by hum upon said contract shall be conclusive upon all parties for all purposes of this agreement B AD IJONAL CONS'j$(j MON OR IMPROVEMENTS Lessee is hereby authorized to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and struc- tures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improve- ments upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII A, above C O WNERsHIp OF IMPROVEMENTS, All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions I Removal of Buildings No building or permanent fixture may be removed from the premises Assumojon All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor 3 Building Li % It is agreed that the life of the building to be constructed by Lessee on the property herem leased is thirty (30) years 4 CaaQWLation Should this lease be canceled for any reason before the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing Hangar 10 Flying Museum Lease Agreement - Page 14 upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such building The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers A Lessee shall have the right to place a first mortgage hen upon its leasehold in an amount not to exceed eighty-five percent (85%) of the cost of the capital improvements B Any person, corporation or institution that lends money to Lessee for construction, purchase and or refinance of any hangar, structure, building or improvement and retams a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or vWovement according to the provisions of the agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those Improvements constructed with funds borrowed from mortgagee, those improvements purchased with borrowed funds and those unprovements pledged to secure the refinancing of the improvements C Lender's duties and rights are as follows The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of the Lessor, such approval to not be unreasonably withheld or delayed. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a third party and approval by the Lessor 2 As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify the Lessor of all action taken by it in the event payments on such loans shall become delinquent Lender shall also notify the Lessor, in writing, of any change in the identity or address of the Lender All notices of default, as well as all notices required by Article XIV herein (Cancella- tion by Lessor) to be given by the Lessor to Lessee shall also be given by the Lessor to Lender at the same tune and in the same manner, provided the Lessor has been furnished with written notice of Lender's interest and its address Lessor's notice shell be given to the City Manager Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default Hangar 10 Flying Museum Lease Agreement - Page 15 Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providmg underground utility services to, from or across the airport property or for the construction of public facilities on the Airport However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon time installation of any utility services on, in, over or under any such easement or the conclusion of such construction Construction in or at the easement shall be completed within a reasonable tune. A The Lessee may rent or sublease the Premises for the storage of individual aircraft without prior written consent of the Lessor, but Lessee shall not rent or sublease all or any part of the Premises or the improvements located thereon for any other purpose without the prior written consent of the Lessor, such consent to not be unreasonably withheld or delayed Any tenant or sublessee shall be subject to the same conditions, obligations and terms as set forth herein Lessee shall be responsible for the observance by its tenants and sublessees of the terms and covenants of this Lease It is the intention of the City that the subleases not be misused as a method to avoid compliance with the minimum standards herein. In the event that the Lessor determines that a sublease is operating an aviation -related business without complying with the minimum standards applicable thereto, the sublease may be terminated in the same manner as provided by Article XIV herem for leases B Lessee expressly covenans that it will not assign this Lease, convey more than forty-nine percent (49%) of the interest in its business, deemed herein to mean the controlling interest in its business, through the sale of stock or otherwise, nor sublet, assign, transfer, nor license the whole or any part of the said Premises for any purpose, except for rental of hangar space or tie -down space, without the written consent of the Lessor Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposes The provisions of this Lease shall remain binding upon the assignees, if any, or Lessee !Amomogyna A RROi� WW INS A A C , Lessee shall maintain continuously in effect at all times during the term of this agreement, at Lessee's expense, the following insurance coverage I Commercial general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport Hangar 10 Flying Museum Lease Agreement - Page 16 2 Aircraft liability to cover all flight operations of Lessee Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement 4 Liability insurance limits shall be in the following minimum amounts Bodily Injury and Property Damage One Million Dollars ($1,000,000) combined single hnnts on a per occurrence basis 5 All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy 6 All policies must be approved by the Lessor 7 The Lessor shall be provided with a copy of all such policies and renewal certificates During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor, provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease Hangar 10 Flying Museum Lease Agreement - Page 17 XIH. INDEMNITY LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND AGAINST ALL LIABILITY FOR ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS ARISING FROM OR BASED UPON INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS ON THE PART OF LESSEE, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS, PATRONS, VISITORS, CONTRACTORS AND SUBCON- TRACTORS, IF ANY, AND/OR SUBLESSEES, WHICH MAY ARISE OUT OF OR RESULT FROM LESSEE'S OCCUPANCY OR USE OF THE PREMISES AND/OR ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO THIS LEASE. THIS INDEMNITY PROVISION EXTENDS TO ANY AND ALL SUCH CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS REGARDLESS OF THE TYPE OF RELIEF SOUGHT THEREBY, AND WHETHER SUCH RELIEF IS IN THE FORM OF DAMAGES, JUDGMENTS, AND COSTS AND REASONABLE ATTORNEY'S FEES AND EXPENSES, OR ANY OTHER LEGAL OR EQUITABLE FORM OF REMEDY. THIS INDEMNITY PROVISION SHALL APPLY REGARDLESS OF THE NATURE OF THE INJURY OR HARM ALLEGED, WHETHER FOR INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY, AND WHETHER SUCH CLAIMS BE ALLEGED AT COMMON LAW, OR STATUTORY OR CONSTITUTIONAL CLAIMS, OR OTHERWISE. THIS INDEMNITY PROVISION SHALL APPLY WHETHER THE BASIS FOR THE CLAIM, SUIT, DEMAND, AND/OR ACTION MAY BE ATTRIBUTABLE IN WHOLE OR IN PART TO THELESSEE, OR TO ANY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS, PATRONS, VISITORS, CONTRACTORS, AND SUBCONTRACTORS, IF ANY, AND/OR SUBLESSEES, OR TO ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM. FURTHER, CITY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR HARM, INJURY, OR ANY DAMAGING EVENTS WHICH ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO PREMISE DEFECTS OR CONDITIONS WHICH MAY NOW EXIST OR WHICH MAY HEREAFTER ARISE UPON THE PREMISES, ANY AND ALL SUCH DEFECTS BEING EXPRESSLY WAIVED BY LESSEE. LESSEE UNDERSTANDS AND AGREES THAT THIS INDEMNITY PROVISION SHALL APPLY TO ANY AND ALL CLAIMS, SUITS, DEMANDS, AND/OR ACTIONS BASED UPON OR ARISING FROM ANY SUCH CLAIM ASSERTED BY OR ON BEHALF OF LESSEE OR ANY OF ITS MEMBERS, PATRONS, VISITORS, AGENTS, EMPLOYEES, CONTRAC- TORS AND SUBCONTRACTORS, IF ANY, AND/OR SUBLESSEES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OF LESSEE AND/OR Hangar 10 Flying Museum Leaae Agreement - Page 18 1 � r i r a i i � 1 � i i � i r �i 4 SUBLESSEES, ITS AGENTS, SERVANTS, EMPLOYEES AND CUSTOMERS. LESSEE FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS FOR THE SAFETY OF, AND SHALL BE SOLELY RESPONSIBLE FOR THE SAFETY OF ITS AGENTS, REPRESENTATIVES, EMPLOYEES, MEMBERS, PATRONS, VISITORS, CONTRACTORS AND SUBCONTRACTORS, IF ANY, AND/OR SUBLESSEES, AND OTHER PERSONS, AS WELL AS FOR THE PROTECTION OF SUPPLIES AND EQUIPMENT AND THE PROPERTY OF LESSEE OR OTHER PERSONS. LESSEE AND LESSOR EACH AGREE TO GIVE THE OTHER PARTY PROMPT AND TIMELY NOTICE OF ANY SUCH CLAIM MADE OR SUIT INSTITUTED WHICH IN ANY WAY, DIRECTLY OR INDIRECTLY, CONTINGENTLY OR OTHERWISE, AFFECTS OR MIGHT AFFECT THE LESSEE OR THE LESSOR. LESSEE FURTHER AGREES THAT THIS INDEMNITY PROVISION SHALL BE CONSIDERED AS AN ADDITIONAL REMEDY TO LESSOR AND NOT AN EXCLUSIVE REMEDY. 57;WN040 (IR051 11 All the terms, restrictions, covenants and conditions of record pertaining to the use and occupancy of the Premises are conditions of this Lease and failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants and conditions of record shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies A Should Lessee fail to pay the monthly rental amounts and/or fees prescribed in Article IV hereof, such failure shall constitute a default of this Lease, and Lessor may give written notice to Lessee of Lessee's failure to pay and demand payment in accordance with the Lease terms Should Lessee fail to pay the monthly rental amount within twenty (20) days following receipt of written notice from Lessor, then Lessor may terminate this Lease B In the event that Lessee fails to comply with any other terms, conditions, restrictions and covenants pertaining to this Lease Agreement then in such event, Lessor shall give Lessee nonce of said breach, and request Lessee to cure or correct the same Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default, then Lessor shall have the right to terminate this Lease C In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reason(s) 1 The Lease has reached the termination date of the original thirty (30) year term or any extended term thereof Hangar 10 Flying Museum Lease Agreement - Page 19 In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to the proceedings brought under the provisions of any federal reorganization act, or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act, or if a receiver for Lessee's assets is appointed 3 In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor Upon termination or cancellation of this Lease and provided all momes due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements D The Lessor shall have a hen as security for the rent aforesaid upon all goods, wares, chattels, implements, fixtures, furniture, tools and other personal property which are or may be put or caused to be put on the demised premises by Lessee E Upon teri niation of this Lease, Lessee shall remove all personal property from the demised premises within thirty (30) days after said termination If Lessee fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee F IfLessor has exercised its option to take title to fixed improvements as provided, Lessee shall repair, at its own expense, any damage resulting from said removal of personal property and shall leave the leased premises in a neat and clean condition with all other improvements in place G 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, destroy or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Agreement for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed PITAIMMW Ali W1 M COND WON) Lessee may cancel this agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes, Hangar 10 Flying Museum Lease Agreement - Page 20 (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach, (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be lmuted to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time A ENTLRF AGREEMENT This agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent agreements between the parties covering the subject matter hereof Any change or modification hereof shall be in writing signed by both parties B BINDING EFFECT All covenants, stipulations and agreements herein shall extend to, bind and mure to the benefit of the legal representatives, successors and assigns of the respective par- ties hereto C EFFECT F�CONDEMbUTION If the whole or any part of the leased premises shall be condemned or taken by eminent domain proceedings by any city, county, state, federal or other authority for any purpose, then the term of this Lease shall cease on the part so taken from the day the possession of that part shall be required for any purpose and the rent shall be paid up to that day, and fromithat day, Lessee shall have the right to continue in the possession of the remainder of the premises under the terms herein provided, except that the rent shall be adjusted to such amount as the parties hereto shall negotiate, but, under no circumstances shall the rent be greater than the rental per square foot provided for herein All damages awarded for such taking of and for any public purpose shall belong to and be the property of Lessor All damages awarded for such taking of structures, improvements or businesses that were constructed by Lessee shall be reflective of their value for the remainder of the lease term and be awarded to Lessee, the remainder to be awarded to Lessor D SEVE A I .ITY If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire agreement shall not be void, but the Hangar 10 Flying Museum Lease Agreement - Page 21 remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties E NOTICE Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows 1 If to Lessor, addressed to City Manager City of Denton Denton, Texas 76201 2 If to Lessee, addressed to Hangar 10 Flying Museum Matt Wright, President Phillip R Edgington, Secretary -Treasurer Gary Grubb, Trustee 5088 Sabre Lane Denton Municipal Airport Denton, Texas 76207 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt F HEADINGS The headings used in this agreement are intended for convemence of reference only and do not define or limit the scope or meaning of any provision of this agreement G GOVERNING .AW AND )M 1F. This agreement is to be construed in accordance with the laws of the State of Texas and venue for its enforcement shall he in Denton County, Texas H PARKIN(.} Lessor reserves the right to restrict and designate parking areas for ail surface velucles on all areas of the Denton Municipal Airport, except the leased premises I A1192NEY'S FEES In any action brought to Lessor in which a conviction or judgment is awarded in favor of Lessor for the enforcement of the obligations of the Lessee, Lessor shall be entitled to recover all costs from Lessee, including attorney's fees, involved in the enforcement of this Lease Hangar 10 Flying Museum Lease Agreement - Page 22 IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written CITY OF DENTON, TEXAS, LESSOR BY /1�22 TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, TEXAS HANGAR 10 FLYING MUSEUM, LESSEE MWE Ell 4 IS No As I &Z w �4 u i i ;16 BY GARY UBB Hangar 10 Flying Museum Lease Agreement - Page 23 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day Benavides, City Manager c�000000000000000000000000000 2S vow ANN FORSYTHE g�*Notary Public, We of Texas Q nt, I0 myOommtasloftExpire 05-W-19% t9�7000000000000000fi000000000 My Commission Expires 4'0 7 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the Edgmgton, Hanger 10 Flying Museum , JUDD B HOLT � * NOTARY PUBLIC Y PUBLIC, S State of Texas Comm Exp 07-15 2000 My Commtssuon Expires THE STATE OF TEXAS § of May, 1997 by Ted day of May, 1997 by Phillip R OF TEXAS COUNTY OF DENTON § / This instrument was acknowledged before me on the Y day of May, 1997 by Gary Grubb, Hanger 10 Flying Museum JUDD B. HOLT 'f 'NOTARY PUBLIC State of Texas Comm Exp 07.15�j 2000 My Commission Expires _ PUBLIC, STATE OF TEXAS Hangar 10 Plying Museum Lease Agreement - Page 24 TRACT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND FILED FOR RECORD IN CAB. G,PG 295 PLAT RECORDS OF DENTON COUNTY,TEXAS. COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE, BLOCK ONE, SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER BEARS NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST A DISTANCE OF 1610 27 FEET THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST , WITH THE WEST BOUNDRY LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936 47 FEET TO A POINT IN THE WEST LINE OF SAID SOUTHEAST AIRPORT ADDITION THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 373 28 FEET TO AN IRON PIN SET FOR THE NORTHWEST OF THE HEREIN DESCRIBED TRACT. SAID POINT ALSO BEING THE NORTHEAST CORNER OF A 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT,AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF A 130 FEET TAXIWAY, DRAINAGE, AND UTILITY EASEMENT A DISTANCE OF 18000 FEET TO A IRON PIN SET FOR THE NORTHEAST CORNER OF THE HEREIN DISCRIBED TRACT; THENCE SOUTH 01 DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE OF 18000 FEET TO AN IRON PIN SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, SAID IRON I PIN BEING IN THE NORTH LINE OF 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT, THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE OF SAID ACCESS EASEMENT A DISTANCE OF 180 00 FEET TO AN IRON PIN SET FOR THE SOUTH WEST CORNER OF THE HEREIN DESCRIBED TRACT, THENCE NORTH O1 DEGREES 23 MINUTES 50 SECONDS EAST WITH SAID 60 FEET ACCESS EASEMENT A DISTANCE OF 18000 FEET TO THE POINT OF BEGINNING AND CONTAINING 3240000 SQUARE FEET,OR 07438 ACRES OF LAND TRACT B ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND FILED FOR RECORD IN CAB G,PG 295 PLAT RECORDS OF DENTON COUNTY,TEXAS COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE, BLOCK ONE, SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER BEARS NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST A DISTANCE OF 1610.27 FEET THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST WITH THE WEST BOUNDRY LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936 47 FEET TO A POINT IN THE WEST LINE OF SAID SOUTHEAST AIRPORT ADDITION THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 553 28 FEET TO AN IRON PIN SET FOR THE NORTHWEST OF THE HEREIN DESCRIBED TRACT SAID POINT ALSO LYING IN THE SOUTH LINE OF A 130 FEET TAXIWAY, DRAINADE, AND UTILITY EASEMENT, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF SAID TAXIWAY EASEMENT A DISTANCE OF 180 00 FEET TO AN IRON PIN SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 01 DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE OF 180 00 FEET TO AN IRON PIN SET FOR THE SOUTH EAST CORNER OF THE HEREIN DESCRIBED TRACT, AND LYING IN THE NORTH LINE OF A 60 FEET ACCESS, DRAINAGE, AND UTILITY EASEMENT; THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE OF SAID ACCESS EASEMENT A DISTANCE OF 18000 FEET TO AN IRON PIN SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 01 DEGREES 23 MINUTES 50 SECONDS EAST A DISTANCE OF 18000 FEET TO AN IRON PIN AT THE NORTH WESTCORNER OF THE HEREIN DESCRIBED TRACT AND THE POINT OF BEGINNING AND CONTAINING 3240000 SQUARE FEET OR 07438 ACRES OF LAND TRACT C ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM NEIL SURVEY,ABSTRACT NUMBER 970, AND BEING A PART OF LOT ONE, BLOCK ONE, OF THE SOUTHEAST AIRPORT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND FILED FOR RECORD IN CAB G,PG 295 PLAT RECORDS OF DENTON COUNTY,TEXAS COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT ONE, BLOCK ONE, SOUTHEAST AIRPORT ADDITION, OF WHICH THE NORTHWEST CORNER BEARS NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST A DISTANCE OF 161027 FEET THENCE NORTH 08 DEGREES 36 MINUTES 21 SECONDS EAST WITH THE WEST BOUNDRY LINE OF SAID LOT ONE, BLOCK ONE, A DISTANCE OF 936 47 FEET TO A POINT IN THE WEST LINE OF SAID SOUTHEAST AIRPORT ADDITION THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST A DISTANCE OF 733 28 FEET TO AN IRON PIN SET FOR THE NORTHWEST OF THE HEREIN DESCRIBED TRACT SAID POINT BEING IN THE SOUTH LINE OF A 130 FEET TAXIWAY, DRAINAGE, AND UTILITY EASEMENT,AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 88 DEGREES 36 MINUTES 10 SECONDS EAST WITH THE SOUTH LINE OF SAID TAXIWAY EASEMENT A DISTANCE OF 180 00 FEET TO AN IRON PIN SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, THENCE SOUTH 01 DEGREES 23 MINUTES 50 SECONDS WEST A DISTANCE TO AN IRON PIN SET FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND BEING IN THE NORTH LINE OF A 60 FEET ACCESS,DRAINAGE,AND UTILITY EASEMENT; THENCE NORTH 88 DEGREES 36 MINUTES 10 SECONDS WEST WITH THE NORTH LINE OF SAID ACCESS EASEMENT A DISTANCE OF 180 00 FEET TO AN IRON PIN SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT THENCE NORTH 01 DEGREES 23 MINUTES 50 SECONDS EAST A DISTANCE OF 18000 FEET TO AN IRON PIN IN THE SOUTH LINE OF SAID TAXIWAY EASEMENT AND THE POINT OF BEGINNING AND CONTAINING 32400 00 SQUARE FEET OR 0 7438 ACRES OF LAND M„09.£Z.LOS m I— o 0 ry L1_. 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