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Home My WebLink About10-1979 4 COTO I Wi • _ ~~a!}eeL~sa!-se ~±e~lit~s~alyeDs~s~Clyd4,serselbefsa~~z' One r/ a PS/ii+~►imi ('//+v! vrl i r/ r 3030 STEMMONS FREEWAY P. D. 6.,775909, PI I. tux 15265 • PHONE 014/6310020 JOE KIRBY. PRESIDENT Auc:ust 31, 1979 City Clerk C4!y Hall C . of Denton Deli.on, Tx 76201 RF: Rond No,15453n3 Peter C. Covino dha Alpha Enterprises Landscaping A Sprinkler Systems, Citv of Denton, Tx Gentlemen: We wish to Wee advantage of the cancellation clause contained In the above captioned bond. Therefore, this is our notice of cancellation by the bond terms. You are notified that this bond is cancelled and voided as of the 5th day of October lg 79 _ WE S TY CO PANY en Bodine - A t. Vice President kB:kc cc: Biggs and Associates P. 0. Box 285 Denton, Tx 76201 cc; Peter C. Covino c/o Biggs and Associates •t \cb ~Mla AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 9TH f DAY OF OCTOBER, A. D. 1979. R E S O L U T I O N WHEREAS, at the regular session of the 66th Legislature of the State of Texas passed Senate Bill 621 relating to ad valorem taxation of property; and WHEREAS, Senate Bill 621 establishes a single appraisal district in each county of the State of Texas which is responsible for appraising pr.)perty in the districts and WHEREAS, the said appraisal district is to be governed by a Board of Directors) and WHEREAS, each taxing unit in the county may nominate one candidate for a position on the said Board of Directors: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THEO CITY OF DENTON, TEXAS, THATt SECTION I. The City Council of the City of Denton, Texas hereby nomi- nates ~E?AyM&Atri )7-/ 7-T-.-4 to fill a position on the Board of Directors o he county wide appraisal district. SECTION II. That this resolution be effective immediately from and upon its passage and approval. PASSED AND APPROVED this the 9th day of October, A. D. 1979. H L NASH, AY CITY OF DENTON, TEXAS ATTEST BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL I'ORMt A R. SOLOMONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS WAW®~~IA .~..o.: . . f + a, r 3,, ~ ~a y ~ h 1.+~'' r; I 1 _•e 1 .1~ ' ~ 1 1f ~ 1 y}: ~~9 i /y~ y P ~f 1 i A 7 1000 Fide '1y Union lower Dallas, Teas 75201 • 214 7444311 nsuraoce and Bands EL1LIS PRO Y C. October 2, 1979 City Secretary pity of Denton hunicipal Building Denton, Texas 76201 Re: DALLAS AIR CONDITIONING CO., INC. Heating and Air Conditioning Bond Bond No. 749829 Gentlemen: We are enclosing Continuation Certificate extending the coverage on captioned bond for the period from October 31, 1979 to October 31 1980. We trust you find the enclosure in order. Yours very truly, ELLIS CROTTY POWERS S CO., INC. T i Phillips tp/s Enclosure i Willard Srotly, CPCU • Jimmie Powers, CPCU • Tom P Ells '',l, CPCU, CLU 844 Khrpman • Pele F'„rb, CPCU • Ed Rallin Porter EIA CPCU • Bn; Dobbs , Bill l relsonq N N / 4 - - / fC~ - y % _ _ c4 j° ~{3 RKD ; - _ C i _ l 11 3 C+ ;7 O - - i - 10 ` III, fl. - Hi - C . ~ ww • 77 i ~ s ~ N• _ f • OAT!{ OF OFFICE Gene •Hupp do solemnly swear (or affirm) that I will faithfully execute the duties of the of-'ice of Buildinj'Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect and defene the Constitution and laws of the United States and of this State and the charter and Ordinances of this City. Subscribed anWand t before me the under ed on this the day of , A.O. 19 To certify w c witness rry seal of off ce. • CITYMCRETARY CITY OF'UENTON, TEXAS i ~ \6 + r ~r ~ ~ 6a d OATH OF OFFICE I, Bob Mil er , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Bullding Co ei o4 rd of the City of Denton, Texas, and will to the best of my ability preserve, protect and defena the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed to before me the under i d on this the day of &aw~~'. , A.O. 19 To certify which witness my an and sea of office. 0o0e 7-- • ] SECRETARY CITY OF DENTON, TEXAS , itititit~ t Y ' ~od \6 r C' `C f OATH OF OFFICE . I, ! Johnny Mozingo , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Building Code Board of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution end lams of the United States and of this State and the Charter and Ordinances of this City. Subscribe d n to before me the undersi d on this the day of A. D. 19 To certify w c witness my hand and sea ofr office. SECRETARY CITY OF DENTON, TEXAS . 1 r~ 'xA \S i ~ ~ ~ ~ , ~ ~ e OAR OF OFFICE I> LARRY GLR';SON , do solemnly swear, (or affirm) 'that I will faith Fully execute,the duties of the office of _ CABLE 'LV-ADVISQRY B Dt- of the City of Denton, Texas,, and will to the best of my ability, preserve, protect and defend,the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. ` r Subscribed d ror to before me the undersigned on this the day of , A.D. 14 To certify whicfi - rritress my-hand a d sea ~f office. RET 1TY OF DENTON, TEXAS S,d ~ ~h a ~ ~ c ~ ~ ~„9 ~ ~ ~C~ C e, a C-110-STANDARD SM,E CONTRACT Martin Stationery Co., Dallas, Texas ~ THE - - STATE OF TEXAS COUNTY of DEFrON BY THIS AGREEMENT AND CONTRACT, Parties 11 The City of Denton, Texas hereinafter called Seller, YK''~~ ~~Fy KY 9141aif xe'6Zf> e1~ 3S~4~fi}4 hereby sells and agrees to convmy ur.to William M. Johnson , hereirafter called Purchaser, the follrhving described property; Lying and situa!ed In the City and County of Denton, State of Texas, and mo-e partictt.larly described by raACes and bounds in Exhibit "A" attached hereto and male a part hereof, Properties I{ f ~j the purchase price is $ $,100, 00 payable as follows: cash at closing. iE yctca~(xxx~cl~twsH,xexKtfac~wtzcpru 'j xxya~,ac,~:hxt~ ~~xxoaaacac x~a~~~s,~aa~a~~i x~~vF, e Tcrtas atllawssaxiKwtrev~e~cxxxx>ucxd~xYasx~Y~xo~xY~i6x~DK~A~5X141iilyHWS~NaE~7fP~'Y~YztSA~ liiii?<lf~8i4itlKi~E?6~1i16aF26t4~>?eYi,iEFiIL1Shc~4~4 fd Seller agrees to furnish Title Insurance Policy to said property, which shall be conveyed free and clear of any and ill encum*.;:nces except those named herein. In accordance with the terms of th6 Real Estate License Act of the State of Texas, yyon, as pur- chsser, are advised that you should have the abetra,t roveri ng 0.e real estate which Is the eubrect of this contract examined by an attorney of your own selection, or that you should be furnished watt or obtain a policy of title insurance. It abstract is furnfahcd, Purchaser agrees within ten days from the receipt of said abstract Title either to accepPt the title as shown by said abstract onto return it to the undersigned Agent with the written obieetlons to the title. If the abstract Is not returned to the Agent with the writkn objections noted within the time specified, It shall be construed as an acceptance of said title. If title policy ?e fur- nished, Purchaser agrees to consummate the sale within ten days from date title company approves title. If any title objections are made then the Seller or his Agent shah have a reasonable time to cure Raid objections and show good and marketable title. In the event of failure to furnish good and marketable title, the purchase money bertby receipted for Is to be returned to Purchaser upon he cancellation si.d return of Me contract, or Purchaser may enforce specific performance of "Me. Seller agrees when the title objections have been cued, to deliver a j.od and sufficient General Warranty Deed properly conveying sOd property to said Purchaser, and Purchaser agrees, when sold deed Is resented,xOfltCLJl11DtpGCYf+tAIKyOmCgfQlp[OpXlppt71K1eXAtXXXgEit~D11t1y61tY161g i XAW" t6idfaC ou CI08 id the Purchaaer fail to consummate this contract as specified for any reason, except Are defects, Seller shall have the right to retain said cash deposits as liquidated damages for the breach of this contract, and sbxdtfsmrytOtAnutabuintmooK b m4xxxxxxxxxx161 UI*r may enforce speeille performanc ; t e eon rset. Taxes Taxes for the corn. this current rents, Insurance, and interest, (if any), are to be prorated to date of closing. ttoct~ Yar~~o~a~irec'ttltiriltommt'r°itYi9~>IFttA6~4ibit Y ~HS44tt1iif~#5f 6M?f~6Y ~ Special sale is subject to the approval of the City Council. Conditions Executed In triplicate thle day of A ;t► 79 This contrieltu t acceptance of $eIler CIT7~ XAS ,.A LJ~rj~= SOW. _ $r-- s , irON 1Purchanee. Agent tor_ ~a SINGLE' ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texns, rn this day por>onnlly appeared known to me to be the person whose name sul scribed to the foregaing instrument, and acknowledged to me that he executed the same for the purposrs aml considerulion therein expressed. GIVEN UNDER Ml' HAND AND SEAL OF OFFICE, This day of , A,D 19.__..... Notsvy Public, ....County, Texas My Commission SINGLE ~'"KNWVLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF f In and for said Cv--,ity, Texai, on this day persorally appeared knrncn to we to he the pers,,n ah''s., r, ,n, o v~h,~crlbrd to the forel;oing instrument, and acknowledged to me that he px-,cutrd lhr sorr, for Ow pui;, ; r; I n ii,h i:,ti,,a thrroin c,rpresned. GI YEN UNIrf)t?li' }HAND AND S}:.11, OF 4)1.1 l:,'IIik day of , A.D. 19...._..... L.B. ) NAmy Public. County, Texas My l.'crtnmiesion Expire&.._........ „ o ~ o V a, r ,i w , >t t f EXHIBIT "A" All that certain lot, tract or parcel or land situated in the City and County of Denton, Texas, and being part of the Nilliam Loving Survey, Abstract uo. 759, and being part of two tracts, hereinafter referred to as Tract I and Tract II; Tract I being described in a deed tr the City of Denton frocs Blanche oeil, datea Uctober 29, 1969, and recorded in Volume 598, Page 27, Deed Records, and Tract It described in a deed to the City of Denton from Ira D. Bell, dated August 19, 1969, recorded in Volume 590, Page 108, Deed Records of Denton County, and being more particularl-, described as follows: I BEGINNING at the southeast corner of said Tract I, said point of beginning lying in the north right of wr.y line of Prairie Street; THENCE west along south boundary line of Tract I, same being the north rigs,' of way of Prairie Street a distance of 61 feet to a point for a corner on the east line of Carroll Boulevard; THENCE north 00 02, 44" east passing at 56.01 feet the north boundary line of said Tract I, same being the south boundary line of said Tract I1, and continuing north 00 02' 44" east a total distance of 131.03 feet to a point for a corner in the north boundary line of said Traci II; THENCE north 890 53' 34" east with north line of said Tract It a distance of 58 feet to a point for a corner, being the northeast corner of said Tract II; THENCE south 10 21' 22" east with east line of said Tract 11 passing at 75.0 feet the southeast corner of said Tract II same being tha northeast corner of said Tract I, and contihuing south along the east boundary line of said Tract 1, a total distance of 131.18 feet to the place of beginning and containing in all 7,799.59 square feet of land, or 0.179 acre of land. r- r , 229 W. Hickory P.O. Box 518 Denton. Texas 76201 817-387.6148 UAIFE TITLE COMPANY of Denton 0002651 Date 10/02/79 PaY FOUR THOUSAND EIGHT HUNDRED SEVENTY ONE 8 00/100*0 8&4s871•OO*N*AN rr To The Order Of City of Denton ` First Denton National Bank For Proceeds of Sale Denton, Texas U LI E TITLE COMPANY of Dent / Fscr Acco nr [-2ti02 OA 11927 Au it Appro oaf u'0002651ae 1.'1113w02141. 00 211 7 2ui 5Ile AuthoriiedSignature 1 'OO'(v'7-~? o r r r , 4 1 1 i CITY OF 1)ENTON MUNICIPAL BUILDING OENTON, TEXAS i NUMyER__.____._ DAT E19 NAME SERVICE ADDRESS UTILITYDEPOSIT CORP. _ PERMIT" LOOP TAP Elect. Water San. COURT Budd, Plumb. J1 act. Water Sewer p~,: avt a pl-oo-c~~-an TOTAL 111 Q KEEP THIS 1.ECEIPT F')R PROOF Of PAYMENT AND DEPOSIT REFUND. i 266238 _ FORM 144 REC EOM By -5 ~w IJAIFE TITLE Company of Denton SELLER'S STATEMENT DATE, _ 10-3-7.9 21102 SALE FROM Cit_of Denton TexIB. - GF NO ----TO - - . William M. Johnson PROPERTY Of-iMtI&vi _ prair•i.0_$_Stflrroll Ste)-_-- SALES PRICE ..UTYt31! s Abfl~i.254s - Se9 S_51ISIOA-0-- REIMBURSEMENTS CREDITS Prorations Hazard Insurance S Flood Insurance - - $ - - Maintenance Charge $ Tax Proration from to $ Escrowed accoun's with Lender purchased by Purchaser TOTAL REIMBURSEMENTS CREDITS S GROSS AMOUNT DUE TO SELLER S 5,100.00 LESS CHARGES AND DECUCTIONS Down paymentorearnest rioney Commssionto Filing fees to County Clerk WD REL ____DT TST----------- Agmt ---Aff - Loan Charges and Fees Due to Fees to US1 tie - Title Company Title Policy Owner 116 11 Mortp,gee Binder - __-_-Escr)w _._15.00-__ Restrictions - s - Tax CerLhc-ates, State and Cou iry City and School Other Survey feeto_--__--s„P,Ballard $ 80.00-- Attorney's Attorney's fees forpreparatonofpapers to Maintenance Charges $ State and County tjxes'or City S and School t Axes for - S Note, Assured or Paid Interest frcm --tO - s Tax ororr,tion from Rent proration from _--to---_---------_- S Pest inspect*n fee to - S NoteretainedbySeller is - 229.00 TOTAL CHARGES AND DEDUCTIONS 1 NET AMOUNT DUEX*/TO SELLER o 4,871,00 Seller understands the Closing or Escriw Agent has assembled this informaiiun rap,esenting the transaction from the bast information available from other to,+aes and cannot guarantee the accuracy thefeol. Any real elute agent or lender involved rr; tH ru,nished a copy of this Statement. Seller underswi !!,a: tax and Insurance pioratlons and reserves were based on figures for t to pfecteing year or supplied by others, or estimates for current year, and In the event of any change fnr current ~year, 111 necessary adjustments must be nade between Purchaser ii Seller direct The undersigned hereby euthori:as to make expendivres and disbursements as shown above and approves same for payment. The undersigned also acknowledges receipt c! tan !u^? +++,+glic~ble. M aunt shown abov sod rxaipt of a copy of this Statement. CLOSING OR ESCROW AG NT q 0400RESS 'Note. Interest on existing liens is figured to the dale indicated, If not paid by fhert addifir n°! interest will have to be collected and yaw siafemenl will be adjusted to have sulficet of funds to secure refeasr from fher penholder. koo»sa 1 i ~ I li ACKNOWLEDGMENT ij THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, i' COUNTY OF__.._...._..w...._ In and for Bald County, Texas, on this day personalty appeared..._ I i _ I! _ known hao.'murcuted h thee same for the y purposes and consideration 6 hrr expressed. hessed. foregoing instrument, and acknowledged to me that GI1 EN UNDER MY IIAND AND SEAL OF OFFICE, This ..............................day of A. D. 19....... I MS.) li Notary Puhlic,.............................. County, Texas My Commission Expres June... , 19 ` ACKNOWLEDGME111 THE STATE OF TEXAS, ' BEFORE Al E, the undersigned aulbority, COUNTY OF..._ I I In and for said County, Tezu, as this day personalty appeared II i i I known to me to be the person _.whose name....... ...................subscribed to the foregoing Instrument, and acknowledged to me that __he . . executed the same for the purposes and consideration therein expressed, ~i GIVEN UNDER MY BAND AND cWAL OF OFFICE, Tht%._.................... _...day of A. D. 19_...__..._ (L. S.) fi Nola Puhli rY G........_........._ Count,r, Texas ~I hfy Commission Expires Jun.................. 19.._...... CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY II and for sald aid County, unty, Texas, on this day personally appeared B~:1.1_..NaS.h.a.... .~ay.ar.... Q.f.._kZ•aO._C.1ty_..Q...... _ 1 I, and I EI _ on _hose name Is , Texas « Y Y a person and officer .i w subscribed to the foregoing Instrument and acknowledged to metbal the same was the act of the said .City of«rDenton, .«Texas . a eorpnmtlon, and that ke:exe0j9d the same v the act of such corporation for the purpv n and consideration therein expressed, and In j capacity therein . 9 I 1.; CIVEN UNF s ~ t MY HAND AND SEAL OF OFFICE, Th6........ ../..._»._.«._,day t,__ A. D. 1 9~ r IG III Notary Public .„..V.O.f1ton.._.......... County, Texas 1~ ~ ~ My CommFsiao LsxldrerJene.... .3- S J 19t t 1._ THE STATE OF TEXAS, I„. CD(7iLY « County Clerk of The County Court o' said County, do hareby certify that the foregoing Instrument of wilting dated on The..........._. led for record In my oE)ce ' day r , ckxk.,.._....._.M., th4 on the.«. _....«.y also of............. A.D. 19'.! , with at Its ..o Certificate of Authentication, was duly recorded ~b day of....«.«........................_«.... A,D. f0_._......., at .__.«.........o'rlock..,_«:. Records of saki County, In Vol. 04 uroe sag r +WITNESSy . hand and seal of the Count MCourt of said Count st m office In , 4 .........................the day and year )art above wrlt'en. I. Clerk County Court..._..«_......,~ _.County, Texas r (L. 8.) By_....... Deputy. i~ ~ rl t~♦96-WARRANTY LEAD-W.lh Cmnal"Corporation Ackrowkd,mmb MARTV; Sut,ln" Co., DOW ~ I 4 1 THE STATE OF TEXAS, Know Alit Men By These Presents. II COUNTY OF'.....DENTON it i +R [~l That The City of Denton, Texas, a Municipal Corporation III of the County of Denton , state of Tex,s to, and in consideration of i the sum of i; -------Five Thousand one Hundred and no/100 ($5,100.00)--------DOLLARS, i; to it in hand paid by William M. Johnson ` Ill li I~I j l i 1~ 1 f I,1 have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said Wil l iam M. ; i Johnson f ( of We County of Denton State of Texas all that certain { lot, tract or parcel of land situated in the City and County of Denton, Texas, and being part of the William Loving Survey, Abstract No. 759, and being part of, two tracts, hereinafter referred to as Tract 1 and Tract 1% Tract I being described in a deed to the City of Denton from Blanche Bell, dated October 29, 19690 and recorded in Volure 593, Page 27, Deed Records, and Tr'tt:t it ~fl! described % a deed to the City of Denton t'rom 1illie, Alpa'Bruce Idated,Aug. l9th",'! 1969, recorded in Volume 590, Page 108, Deed Records of Denton County, and jl being more particularly described as follows: BEGINNING at the semtheast corner of said Tract I, said point of beginning lying in the r:orth right of way line of Prairie Street; ,{L THENCE wek along south boundary line of Tract 1, same being the north right of way oe Prairie Street a distance of 61 feet to a point for a corner on the east line of Carroll Boulevard; E i THENCE north Oo 021 44" east passing at 56.01 feet the north boundary line of said Tract 1, same being the south boundary lire of said Tract 11, and continuing north Oo 02' 44" east a total distance of 131.03 feet to a point for a f:orner in the north boundary line of said Tract It., THENCE north 890 53' 34" east with north line of said Tract 11 a distance of 58 feet to a point for a corner, being the northeast corner of said Tract II; I` THENCE south 10 211 22" east with east line of said Tract 11 passing at 75.0 feet the southeast corner of said Tract li same being the northeast corner of said Tract I, and continuing south along the east boundary line of said Tract 1, A total distance of 131.18 feet to the place of beginning and containing in all 7,799.59 square feet of land, or 0.179 acre of land.' a. F :I r i I i I 'I i I ii 1 l~ r i Ix i~ TO HAVE AND TO HOLD the above described premises, to&ether with all and singular, the rigl's and ! I I I j appurtenances thereto in an) vfsc belonging unto the said Oil liam M. Johnson... his Wrs and assigns forever; and it do hereby bird itself, its successors I f J, htbM executors and administrators, to Warrant and Forever Defend all and singular the said Eremises unto the acid William M. Johnson, his ~Iqq i' heirs and assigns against every person whomsoever lawfully claiming, or to claim the same, or my part thereof. Witness our hand at t]enton, Texas this y'El day of A.D. 19/9 Witnesses at Request of Grantor: .ATTEST.s....... . ' BROOKS MOLT, CITY SECRETARY NA H, MAYO~Y y . . 9 AT A SPECIAL METING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN "'HE MUNICIPAL BUILDIPIG OF SAID CITY ON THE 9TH DA: OF OCTOBER, A. '1. 1979. R E S O L U T I O N WHEREAS, the City Council (hereinufte; termed 'Body') governs the City of Denton, Texas, 'a home rule municipal corporation of the State of Texas (hereinafter termed 'Public Ngency'), %hich is responsible for operation of the Denton Municipal Airport; and WHEREAS, the Texas Aeronautics Commissloi (TAC) has made arrangements with the Federal Aviation AdminiLtration (FAA) to obtain Airport Development Aid Program (ADAP) Fk:nds to partially pay for installation of a radio control on the runway lighting system at said Airport; and WHEREAS, the TAC has agreed to provide the remainder of the cost of said system, as well as to undertake and do all things needed to obtain funds and install said system without direct involvement of the staff of, and without direct cost to, this Public Agency; and WHEREAS, the Public Agency will, once the system is installed, maintain egad system and operate it and the Airport In accordance with applicable TAC and FAA standards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THATt SECTION I. This Body hereby unconditionally and irrevocable names, deputes and appoints the Texas Aeror-•utics Commission (TAC) as Its agent, to act in this Public %gotayIs place and stead in all matters relating to this lighting control project; to file application (including diving on behalf of this Public Agency all assurances/certifications/inforAation required by the 7ederal Aviation Administration (F..A) to apply and obtain funding (including formal acceptance of all required grant agreements) fort to develop plans and specifications for; to advertise for bids for; to receive aad award bide for; to monitor or manage construction of; to inspect and accept completed work installing; to receive receipt for, hold, and pay out federal and/or state funds, and !o perform all other acts deemed by TAC to be needed or necessary to completely Install (at no cost to this Public Agency) radio controls on the runway lighting system at said Airport. SECTION II. This resolution shall be effective Immediately from and after its passage and apprnvdl. PAC8ED NND APPROVED this the 9th day of ober, A. D. 1979. IL AbH, MA OA CITY OF DENTON, TEXAS ATTas ' I I/ - / I At/~ 8 OXS HOLT# CITY SSCRSTARi CITY OF DENTON$ TEXAS APPROVED AS TO LROAL IORMt pies/tiscd.- BURT R, SOLOMO Sr ACTING CITY r' ATTORNEY] CITY OF DENTONr :`ERAS Simttt.. ~ ~ ~ n C n , F ri' " ~f1+ .a-. ii ~ ~ i~ _ ;F ~ ~ ~ , r vi ~ y.. t ~ {4, r i F 4 i~,~r~ ,,fir x , ~ ~ ~ r ..~I AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH ,DAY OF OCTOBER, 1979. RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described belowp and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfarq of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, First State Bank of Denton, a Texas Corporation, and Lorene Sheppard Darrow, Co-Trustee, agree that a consideration of $2,500.00 is a fair and agreed value of such described propertys e NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City cf Denton: All that certain lot, tract or parcel of land lying end being sitrated in the City and County of Denton, State of Texas, v part of the Hiram Cisco Survey, being a part of a tract of land conveyed by the City of Denton to M. C. Sheppard by deed recorded in Volume 3530 Page 394, Deed Rer.ords of Denton County, Texas, rnd more particularly described as follows: BEGINNIOG at a point in the north line of East Sycamore Street, said beginning corner being the southwest corner of a tract of land described in a deed from M. C. Sheppard, et ux, to Della Woodard dated 7ebruary 12, 19511 THENCE north along the west line of said Della Woodard lot, 140 feet for corner, same being the northwest :orne► of said Woodac.] lotj THENCE west parallel with the north line of East Sycamore Street 50 feet for corners THENCE south parallel with the west line of said Woodard 1-4# 140 feet for corner to the north line of East Sycamore Street THENCE east along the north line of East Sycamore Street 50 feet to the place of beginning. 2. The City of Denton is hereby further authorized to pay First State Bank of Denton, a Texas Corporation and Lorene Sheppard Darrow, Co-Trustee as owner of said described property, consideration in the amount of $2,500.00 purchase price, plus any other necessary and reasonable coats of closing, F , 3. This Resolution shall take effict irmed:atel'i fr-m and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the 16th day-o October, 1979. I NAS , MAYO-R CITY OF DENTONF TEXAS ATT. R OKS HOLTF CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL ,,FORM: BURT R. SOLOM NSF ACTING CITY ATTORNEYF CITY OF DENTONF TEXAS • t o ~`yj ,o ~ 0 ~ ~ ~ ; w I { ~;a s ~j. i I ~ 1' a' ~ _ L 1 ~ ~ ~ ~ ~ f ~ r ~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF OCTOBER, A. D. 1979. R E S O L U T I O N WHEREASr on Sunday, October 28, 1919, the Denton County Arkwork, Ins. and The Free University of Denton is sponsoring an Arts and Energy Fair to be held on the Courthouse Square; and WHEREAS, the Arts 6 Energy Fair is open to the general public of Denton County for participation in this community project; and WHEREAS, in order to provide adequate space for the said Fair and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Oak Street from Elii, to Locust from the hours of 12:00 noon until 8:00 P.M. on October 28, 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION Its, That those portions of Oak Street from Elm Street to Locust Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on October 28, 1979 from 1200 noon until 8:00 P.M. for the purpose of holding the Denton County Arts 6 Energy Fair. SECTION II. That the portion of the above described streete shall revert back to the City for normal traffic activity immediately from and after 8:OD P.M. on October 28, 1979. SECTION III. That this re.olution shall take effect and be in fu:l force and effect from and After the date of its passage and approval. ;ASSED AND APPROVED this the 16th day o Octo A. D. 1979. L NASH, Mr:: CITY OF DENTON, TEXAS ATTES BR 0 H LT, UITYr Ef ARKRY CITY OF DENTON, TEXAS ATTEST! R a SOLONONSi TI T ATTORNEY, CITY OF DENTON, TEXAS i t A ~ C t x a a~ S r Jf✓ C ; p~p + a r e A 4 t ~~b i~ t tix~ rb r i d , 4• AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXA;;, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 16Th DAY OF OCTOBER, A. D. 1979. R E S O L U T I O N WHEREAS, it is the desire of the City Council to partici- pate with the Greater Denton Arts Council, the Denton Chamber of Commerce and the Denton Historical Scciety in the "Denton Spri!_g Fling Festival" to be held March 28 through March 30, 1980; and WHEREAS, the purpose of said festival is to enter into a "partnership" with other organizations for the mutual benefit of combining talents and resources to provide people with ,a memorable and pleasurable experience; and WHEREAS, it is the goal of said festival to enhance our citizens appreciation of Denton, define the present and reinterpret our shared past, and invest in the quality of life; NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The City Council of the City of Denton, Texas joins the Greater Denton Arts Council the Denton Chamber of Commerce and the Denton Historical Committee in co-sponsoring the Spring Fling Festival, PASSED AND APPROVED this the 16th day of October, A. D. 1979. CITY OF DENTON, TEXAS ATTEST: MOOKS -HOLTO CITY -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 01 BURT Re SULOMONS, ACTING CITY ATTORNEY, CITY OF DENTONt TEXAS I, f • y e ~ ~ x Y I r'I. +I]. i `M1 I] i i. f. L '~~y` ( r yt ~ t y ♦ ♦ Y ~ T n. r R,.D S . 1 ~ .~(Ay.fF+ ~ $ a~ .t f'',~'4e~,7J~~, ~ed{ i'1~rf~S,~{~~, r ~Y ~,j T'~~j a4 s ~ .,aq. AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF OCTOBER, A. D. 1979. R E S O L U T I O N WHEREAS, Cox Cable of Texas, Inc. holds a seventy percent • (70%) interest in Golden TrianSle Communications, holder of a CATV Franchise in Denton; and WHEREAS, Cox Cable of Texas, Inc. has requested Council approval of a proposed transaction involving a transfer of the controlling stock interest in Cox Cable, to General Electric Company, a corporation duly organized and existing under the laws of the State of New York; and WHEREAS, the City Council believes it is in the best interest of the citizens of Denton that said approval be grantedl and WHEREAS, the proposed transfer will Involve only a change in the ultimate controlling corporate entity of Cox Cable and will not effect a change in the franchise or the management and operation of a cable television system within the City of Denton in accordance with the provisions of Ordinance No. 78-21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THATi SECTION I. The City of Denton, Texas hereby consents to the transfer of the controlling stock interest in Cox Cable of Texas, Inc. from Cox Broadcasting Corporation to General Electric Company. In granting this consent it Is expressly understood that Cox Cable will not engage in the selling or servicing of television receivers. PASSP,D AND APPROVED this the 23r ds ober, 1979. B N SH, Y CITY OF DENTON, TEXAS ATTESTS B XS MOLT, C TY SECRETAR CITY OF DENTON, TEXAS APPROV Ado~o ED At TO LEGAL FORM BURT Re SOLONONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS i I . c 71 r. , ,f a` I I` r ORDINA"!CE NO. 79-19 AN ORDINANCE ANNEXATING A TRACT OF LAND CONTICUOUS AND ADJAr.ENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 314,8261 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS ANN bEtNG IN THF J.S. COLLARD SURVEY, ABSTRACT NO. 297, A. WHITE SURVEY, ABSTRACT 1406, AND THE N. WADE SURVEY, ABSTRACT NO. 1407 , DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS LIGHT INDUSTRIAL DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was Introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Dale Cunningham; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on August 7, 197'~ for all r.nterested aersnns to state their views and present evidenre bearing upon the annexation provided by this ordinance; and + WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the puhllr hearings; NOW, THEREFORE, THE COUNr'IL OF THC CITY OF DEN TON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter lescrlhn,d tract of land I+P, and the same is hereby annexed to the City of Denton, Texas, and the same Is made hereby a part of said City and the land and the present and future inhabitants thereof shall hp entltled to all the rights and I privileges of other citizens of said rity and shall he bound by the acts and ordinances of said City now In eff(+r,t or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorata part of the tams leviers by the City. The tract of land I,erehy annexed is descrlhed ns follows, to-wit: Being all that certain lot, tract or parcel of land situated In the J. S. Collard Survey, A,)stract No. 297, the A. white Surve Abstract No. 11,06 and the N. Wade Survey, Abstract No. 1407, Denton County, Texas, and being more particularly descrlbed as "allows: BEGINNING at an iron rod at the present intersection of the common east line of the J. S. Collard Survey, Abstract No. 297, and west line of the T. Toby Survey, Abstract No. 12380 with the north right of way line of Riney Road (a 30 foot right of way;; THENCE north 88 degrees 37 minutes 36 seconds west 329.73 feet with the north line of Ri.iey Road to an iron rod for corner at a corner cutoff in the northeast right of way line of U. S. Highway 77 (a 120 foot right of way); THENCE no°th 73 degrees 13 minutes 39 seconds west 77.24 feet with the northeast line of U.S Highway 77 and the corner cutoff line t, an iron rod for corner; THENCE north 58 degrees 08 minutes 36 seconds west 814.14 feet with the northeast line of U. S. Highway 77 to an iron od for cornei ; THENCE north 58 degrees 09 minutes 36 seconds west 3550.01 feet ' with the northeast line of U. S. Highway 77 to an iron rod at the south corner of a corner cutoff at the present intersection of the northeast line of U. S. Highway 77 with the east right of way line of Bonnie Brae Road (a variable width right of way); THENCE north 29 decrees 02 minutes 01 seconds west 26.(,0 feet with the corner cutoff line to an iron rod for corner; THENCE north 00 degrees 12 minUtP5 13 seconds e,-st 2045.0; feet with the east line of Bonnie Hrae Road to an iron rod for corner; THENCE south 86 degrees 55 minutes 03 seconds east 4185.61 feet tr, an iron rod for cnrne^ in t common line of the Collard and Toby Surveys; THENCE south 00 degrees 59 minutes 39 seconds west 1263.05 feet wit1, the common line of the Collard and Toby Surveys to an iron rod for corner; THENCE south 00 degrees 52 minutes n8 seconds west 3060.59 feet with the common line of the Collard and Toby Surveys to the place of beginning and containing 13,713.324.91 square fL-et of land or 314.8261 acres of land, more or less. SECTION II. The above described property is hereby classified as Light Industrial "Li" District and shall so appear on the offirial zoning map of the Cit. of Denton, Texas, which map is hereby amended according:y. SECTION III. 4 1 This ordinance shall be effective imme,i.atcly jpon its CSC passage. /PASSED AND APPROVED this the ,23 Al,~4YOR A. D. 1979. Bl PCIT Y OF f" TPJN, TEXAS ATTEST, 8 KS HOLT, CITY SFCRETA.1Y CITY -F DENTON, 'i EXAS APPROVED AS TO EO FOP.M: BURF R. SOL MOMS, ACTIN; CITY ATTORNEY, CITY OF DENTOP, TEXAS 7q-~T r{ - • r r~u,r~ I ~l I l~ ~ f 1 r _ I /l \I ~ '~n~ 1 ~ { ~ r ~ Q it ~ ~ ~ ` ~ L ~ a . I ~ . to 1 ~ _ ',f~ r t. ' ~ ~ ~ ~ 1 ~ , !.v 'it. ~ r 4~ ~ e Y~i. i r 1:. ii, W ~ .,FPS + ~ Y ~ ' . e ~•t ~ I e d4k1:. ~C ~J i ~ i ~{r lt~.~, ~ ~ >~rr'~; l DENTON SOCCER ASSOCIATION THE STATE OF TEXAS ) COUNTY OF DENTON CONTRACT FOR SERVICES This agreement made this the 2nd day of October 193, between Denton Soccer Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through Its authorized officials, pursuant to the following terms and conditions: 1. City agrees to pay to the association $1,500.00, and certain fees and charges hereinafter described, for the City's fiscal year 1979. Association shall submit an annual budget to the City for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above $1,500.00, the City will make one payment to the Association on the 1st day of October, 1979 in the amount projected in the enrial budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from October 1, 1979 through September 30, 1980. II. Association agrees to provide the following services: 1. It shall provide qualified Soccer officials for all Youln League Soccer games and special games that are sponsored by the Denton Soccer Association. III. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidental commingling of funds. 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative aluirg with any amendments, additions, or revisions whenever, adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond, the term of this agreement. 6. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his representative by the 1st day of December, 1979 an,, the 1st day of June, 1980. 7. It will refund toe balance of its account to the City of Denton on or before June 1, 1980. 8. It will promptly pay all bills when submitted; u,oless there is a discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or f1ls authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreatiun and other City officials when requested. 10. It will indemnify and hold! armless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Association from any claims, injuries, or davages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as follows: 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to m,~ke any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. PAGE TMO . 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as {promulgated by the United States of America, State of Texas, or any othEr governmental body or agency having law,'ul jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and mac:creation or that person's authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5. Association shall provide its services and be paid by the City in the capajity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be duly executed Iii two counterparts, each of which will constitute an original, as rf the Z- day of QCyso~r" r 192 . CITY OF NT~ D BY: -14AYDA jj ATTEST b HOLT, CI E RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: soon BURT R, SORIMON59 ACTING CITY CITY OF DENTON, TEXAS DENTON S0, AS OC ON BY: - CHARLES V. ENNER PRESIDENT ATT T: .121emt-) PAGE THREE ~ ~ ~ •g~r tt r . :1, a ~ ~ V t'.,v Y~ ~ . - t ~ • ,~}G;~.,C k dff ~.~,Y ~r 1 i ~ r 1~~.~,, ~ ~t \ i i ~ ~ ~ Sl 1 • ~ ~ g n~. +~Y~, 1 I 1 t THE STATE OF TEXAS } COUNTY OF DENTON ( AMENDMENT TOCONTRArTAMBULANCE THIS AMENDMENT TO AABULANCE SERVICE CONTRACT made ana entered into on this the 16th day of October, 1979, by and beti:ecn the CITY OF DENTON, TEXAS, a Municipal Corporation acting herein by and through its City Council, thereunto duly authorized to execute this Amendment to Contract, hereinafter called PROVIDER, and the COUNTY OF DENTON, TEXAS, acting herein by and through its County Judge, thereunto duly authorized by resolution of the Commissioners' Court of Denton County, Texas, hereinafter called COUNTY. WITNESSETH: The CONTRACT AND AGREEMENT between PROVIDER and COUNTY dated November 15, 1978, in consideration of the mutual benefit each party hereto will receive, is hereby amended by deleting the second full paragraph under "KITNESSE111" in said CONTRACT and substituting therefor the following language: "Provider hereby -agrees (1) to primarily serve the area of Denton County a,;signed to it by the Denton County Ambulance Committee and secondarily to serve any area of Denton County where it may be necessary; provided however, Provider may refuse to serve any incorporated town or city which does not or refuses to enter into a contract with PROVIDER to pay PROVIDER a sum of money to supplement the amount of money paid by COUNTY. In the event no contract is entered into between PR(',VIDER and any incorporated city or tarn within the area co be served by PROVIDER, PROVIDER shall have the option to servo the said city or town and receive the per capita amount set aside by COUNTY fur such town or city, or may refuse to serve the said city or town and the funds set aside by COUNTY for the said city or town shall be held by COUNTY available for any person, organization, town or city which enters into a cortract to serve said city or town with ambulance service as contemplated herein; (2) that said Denton County Ambulance Committee may inspect and evaluate all equipment and ser:icc Leing provide3 by PROVIDER at any time; (3) that prior to receiving any monies from COUNTY, PROVIDER'S ambulance service will meet or exceed all standards of equipment and service as determined by the Denton County Ambulance Committee." EXECUTED at Denton, Texas, as of the day and year first above written. CITY OF DENTON T XAS BY ATTEST, t 'CITY SECRETUY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: IUKT H. SOLCAUNS, ACTING-MY ATTORNEY, CITY OF DENTON, TEXAS COUNTY OF DENTON, TEXAAS~~ (itet~l BY: 4n J 0 NTY U E ATTEST: c MY j -COUNTY-Cum AND E ICIO CLERK OF THE COMMI SIONERS' COURT OF DENTON COUNTY, TEXAS 1 F~ / r r r ASSIGNMENT OF EASEMENT bFF~ P~~n2bS THE STATE OF TEXAS X e J KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I That TEXAS POWER & LIGHT COMPANY, a Texas corporation with its principal offices in Dallas, Dallas County, Texas, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the CITY OF DENTON, a municipal corporation of Denton County, Texas, receipt of which is hereby acknowledged, has sold, assigned and transferred, and by these presents does sell, assign and transfer unto the CITY OF DENTON, its successors and assigns, that one certain easement dated October 8, 1930, from J. H. Sublett to Texas Power & Light Company, recorded in Volume 236, Page 478 of the Deed Records of Denton County, Texas, to which recorded instrument reference is hereby made for all pur- poses. :•0 HAVE AND TO HOLD the above described easement and rights unto CITY OF DENTON, its successors and assigns, according to the terms of said instrument; and TEXAS POWER & LIGHT COMPANY does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the above easement and rights unto CITY OF DENTON, its successors and assigns, against every person whomsoever lawlfully claiming, c: to claim the same, or any part thereof, by, through or under it, but not other4ise. EXECUTED this Ag day of dd2t;4,,, , 1979. v;:',~ TE'tAS POWER & LIGHT COMPANY 3 ATTEST:': Gerson Bermang Vice President / Secretary t, IY4t I F THE STATE OF TEXAS X COUNTY OF DALLAS X i VOl J. tj BEFORE ME, the u,idersigned authority, on this day personally appeared crrgnn rmAn , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS POWER 6 LIGHT COrIPARl', a corporation, and that he executed the same as the act of such corporation for the purposes and consid- eration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the .2,j day of 1979. % Notary Publ c, llas County, Texas My commission Pxpiresr a .2 ~l `rhuno~ uawt0 hNll~ laM Mi0 ~ ~ ~ , 6M 91 AON ~p Aq yoera~ G LL~''e1s st sezaA'Apino;►ocWM to ePpj11 ►+Ww +41 io aT'0 W{ a{d"1°'s {ip M 901 -u ;Yµ {ti{ P~{ eW Ap uautf gadoN {o►S WI ro ►~!1 ter p a WM1zeSitl 60 pv 9!IR~ AS~10~ NMI -Apo* mpg v m M4/y_nlJ f~ c\y z C , ~ ~ ) to r`+1 uy m y 4 `r 1 k ~ . 5 J irF c t t , ; X" i i a '~41 ~1 ' ~rl ~Cry,1 5 1 r EEU~ coos- Garr crux ursn % KuxnH a. THE STATE OF TEXAS, CO'Wl"t OF DENTON IC),OW ALL ?4fEN BY E V : D r?rCPRO9 That THE CITY OF DENTON, A MUNICIPAL. CORPORATION 341.43 of the County of Denton and State of Texas , for and in considerstia'i of the sum of -------------Ten Dollars And No/100 ($10.00)------------------ DOLLARS, to it in hand paid by Folsom Enterprises, inc. of the County of Denton and State of ''texas , the..:Uwpt of which is hereby acknowledged, de, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAW unto the dAid Folsom Enterprises, Inc,; its successors W and assigns, PJl its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described at follows, I to-wit: All teat certain lot, tract or parcel of land lying and being situated in the City and Ccxmty of Denton, State o2 Texas, and being part of the R. Bi~u2O}! Survey, Abstract No. 31, and being par,- of a tract of land conveyed by Jack Skllas to Crawford Sui1C'_ng ! Corfoettion by Dead as recorded in Volume 374, page 191 of the Deed Records of DeFAton County, Texas, and more particularly described as followet BEGINNIW at a point in the south boundary line of said tract, said point of beginning lying in the north right of wry line of state Highway 24 and being 236.0 feet east of the southwest corner of said tract; THEXE north 340 14' west, pasalr,2 at 107.0 feet the northeast corner of a building and continuing north 320 1,4' west a" total distance of 111.0 foot to a point for a corner; WENCH south 790 26' west 4.0 feet north of " parallel with the north wall of said building, a distancr, of $7.0 feet to a point for a corner; THENCZ north 100 34' west a distance of 16.0 feet to a point for a oorner; THENCE north 790 26' east 20.0 feet north of and parallel with the north wall of said building, a distance of 73.0 feet to a point for a corner; THENCE south 320 14' east a distance of 127.0 feet to a point for a corner in the south boundary line of said Crwforv Building Corporation tract, acid line also being the north right or wy line of state gighway 241 TH1'" south .10 of wear, along the south boundary line of said bourAtry line of said Crswford Building Corporation tract, same beit I the north right of way line of State Highway 24, a distance of 16.0 fast to the place of beginning and containing 2,944.0 square f* WE 10(" I tMs "Id premises. together with eL and sin polar the rights, privi- leges and appurtenances thereto is any manner belonging ut,to the said Folsom Enterprises, Inc., its successors )dgkl and xulgns, forever, so that neither the solid City o'. Denton, Texas, its sm-cessors nor kq[rVxRW ear person or persol.%s calming under i t shall, at any time hereafter, have, claim or demand any right or title to the aforesald premises or appurtenances, or any part there- of. •...•~W1TT1 y my bw&d at Minton, Texav this Qday of 4e'o A. b. 19 79 Witnesses at Request of flrantort ` AR - L A , MA 0 BROOKS HOLT, CITY SECRETARY SINGLE ACKNOWLEDGMENT NTY OF J BEFORE ME. the undersigned authority, [,known E STATE OF TEXAS, l d for said County, Texas, on this day personally appeared . to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he.. executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SE :L OF OFFICE, This day of A.D. 19_. J Notary Public, County, Texas My Commission Expires June 1, 19 . SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF f BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged',,, me that he executed the same for the p..-noses and consideration therein expressed. GIVEN UNDER MY HAND AND SEA" •"F OFFICE, This day of , A.D. 19,. _ (L.S.) Notary 1'ablic, Count), rexaa try Commission Expires June 1, 19. ' THE STATE OF TEXA$,COki'ORATION ACKNOWLEDGMENT COU!'TY OF. DENTON BEFORE ME, W undersigned Authority, in and for said County, Texas, on Nis tay perwnaliy appeared.. Bill N uh....May0r.,.of the-City-_of Dei] txn ;...Texas . known to me to be the person and officer wbose name is subscribed to alas foregoing instrument and acknowledged to me that the same was the act of the said 1_(ity_..CounciL.of the-City_.af-Denton _.Texas, _a_-Municipal Corporation *1 9fR9C~PR anA that he executed the same a the act of suA corporation for the purposes and tonilderation Wrain exprus:_, and in Ca capacity Wrein stated. GIVEN UNDER MY HAND AND BEAL OY OFFICE, This day of , A.D. 19-7.4 I'~arl ---11i:3LOA Coaoty, T"" My Cocrunlsslon Ezslr"jV%ft_ CLERK'S CERTIFICATE THE STATE OF 'T'EXAS, COUNTY OF... h Comb CIilZlt)IusltyaQp~tXgnt said Coaaty, do hereby certify that the foregoing Instrument of writing d►ted on the day of , A. D. It , with Its Certilkate of As" ..ticatbn was Aled for o~ r+ Off'• oaoaY~ittbs.. ; y of , A. D. It , at o'clock M, and duty t A. D. 19 at o eioek M, in the f i ar c Records of "Id County, to Volm e-....._.... , on pats _ !IY ISr4tiD AND WAL OF THE COUNTY COURT of said County, nt office In e....._.. EPA+s ~weV i 11•` ~e .Al11NOX..... , the day and year last above written. .40 Nnv lass ayt» ?Y►us seeps wR sI PM pct sµ , sill ca pall to" ,u>;P~ , em an P" sneJ ''4unq ,g" lam rAW County Clerk County, Texas. N9Jtid919 L ) By , Deputy. .t j ~ Lta ' A z FI ED r 13 11 1'31 ID3 i e I P4 k- UI '?,k2 it! ~4~ 1 M THE STATE OF TEXAS ) AGREEMENT COUNTY OF DENTON ) This Agreement -nade and entered into on this the 19th day of September, 1979, be.ween the City of Denton, Texas, a Hone Rule Munic'.pal Corporation, hereinafter referred to as "City", and Richard E. Barnes, hereinafter referred tr, as "Barnes"; WITNESSETH: WHEREAS, the City is in immediate need of planning services and desires to employ Barnes to perforn planning services for the City; NOW, THEREFORE, premises considered the parties, agree as I ~ follows: 1. City agrees to employ Barnes as an independent contractor to perform planning services for the City. Such cervices to be at the direction of the Director of Planning and Steve Fanning. These services will generally include planning assistance on the City of Denton Development Guide includipS graphic and report production, data collection, report writing, workshop assistance, and other related duties as directed by the Director of Planning. 2. The amount, time and location of the services will be determined by the Director of Planning. 3. City will pay Barnes at an hourly rate of $15.00 per hour for the services performed hereunder. Barnes will work a naxi& m of 670 hours as directed by the Planning Director and Steve Panning. Barnes agrees to furnish a place to work and -all drafting equipment. The City agrees to pay all other outside cost such as workshop supplies and printing. 4. While performing these services for the City, Barnes agrees that he will not accept other empli.yment representing or ass,",sting in any development proposal in. Denton or the extraterritorial jurisdiction of ti:a City. Other consultant work it Denton will be cleared in writing by the Director of Y Planning before it shall be undertaken by Barnes. 5. This Agreement is for the duration of the development guide project but not to extend past October 1, 1980. This Agreement may be cancelled by either party h.y giving a thirty (30) day written notice to the other party. if the terms of this Agreement are not substantially fulfilled, employment after this date may be continued or cancelled by either party on a thirty (30) day written notice. b, it is especially understood and agreed that Barnes shall be an independent contractor under this Agreement and not an employce of the City. CITY OF DENTON, ERAS BY H CITY MANAGER 0 RICHARD-E. BARNES w h- bo T t r ; OAV1 OF OFFICE Ja Luker do solemnly swear (or affirm) that i will faithfully execute the duties of the office of member of the,Communitv_Development Advisory committee of the City of Donton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribe an f► to before me the undersi ned on this the day of , A.O. 197. To certify <Tc witness my n an sea `of' oTfTce. ' YY 3E C R~ TA~t CITY OF DENT01, TEXAS I ' A I ~C. OATH OF OFFICE I, - John Cole do solemnly swear {or affirm) tnat I will faithfully execute the cuties of the office of member of the Community Development'Advisory Committee y of the City of Carton, Ter.ss, and will to the best of my ability preserve, protect and defend the Constitution and Paws of the United States and of this State and the Charter and Ordirrjnc<< of this City. 0 Subscribed d s ern to before me the undersigned on this the day of _ A.D. 19 To certify w C' - witness my an an seal of o face. fi CITY OF DEHTON, TEXAS fry f l~ 1-~,~ NO. ?q 8° AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FRGVIilING FOR THE CLOSING AND VACATING ALL OF THE UTILITY EASEMENT DESCRIBED IN A CERTAIN EASEMENT DATED MAY 4, 19711 AND FILED OF RECORD IN VOLUME 6219 PAGE 453 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS FROM CRAWFORD BUILDING CORPORATION TO THE CITY OF DENTON, TEXAS; PROVIDING FOR 'OHE REVERSION OF THE FEE TO SAID LAND; AUTHORIiING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, acting pursuant to law, and upon the request and petition of the Grantee herein, deems it advisable to abandon and convey the hereinafter described utility easement to Grantee and is of the opinion that the original utility easement hereinafter described is not needed for public use; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same back to Grantee in order to adopt a new easement for the benefit of the City and Grantee; NON, THEREFORE, THE COUNCIL OF 711E CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described public utility easement be and the some is, hereby estinguished, vacated and permanently aLandoned as an easement for public utilities insofar as the right, title and easement of the public are con:erned: All that certain lot, tract or parcel of lend lying and being situated in the City and County of Denton, State of Texas, end being part of the R. Beaumont Survey, Abstract No. 31, and beir_g part of a tract of land convoyel by Jack Skiles to Crawford Building Lorporation by Deed as recorded in Volume 374, Page 191 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the south boundary line of sa;d tract, said point of beginning lying in the north right of way line of State Highway 24 and being 236.0 feet east of the southwest corner of said tract; THENCE north 340 14' west, passing at 107.0 feet the northeast corner of a building and continuing north 320 14' west a total distance of 111.0 feet to a point for a c.)i%er; THENCE south 790 l6' west 4.0 feet north of and parallel with the north wall of said building, a distance of 57.0 feet to a point °or a corner; THENCE north 100 .14' west a distance of 16.0 feet to a point for a corner; TNbNCE north 790 26' cast 20.0 feet north of and parallel with the north wall of said building, a distance of 73.11 feet to a point tvr a corner; THENCE south 320 14' east a distance of 127.0 feet to a point for a corner ir. the south boundary line of said Crawford Building Corporation tract, said line also being the north right of way lime of State Highway 24; THENCE south 710 Oil west along the south boundary line of said boundary line of said Crawford Building Corporation tract, same being the north right of way line of State Highway 24, a distance of 16.0 feet to the place of beginning and containing 2,944.0 square feet of land, core or less. SECTION II. That the abandonment end convoysr,ce provided for herein shall extend to the right, title, casement and interest of the City of Denton, and shall be construed to extend only to that interest the governing body of the City of Denton may legalll and lawfully abandon and vacate. SECTION III. Thr.c th!s abandonment and conveyance is made subject to all present zoning and deed restrictions, if the latter exist, the dedication of new easements, and i!, subject to all existing easement rights of others, rV any, whether apparent or non- appArent, aerial, surface, underground or otherwise. SECTION IV. That the City Attorney is hereby authorized to prepare and deliver whatever legal documents are required with regard to the aren abandoned and conveyed herein, should such be ieque~-*td by Grantee hereunder, the same to be executed by the Mayor on behalf of the City of Denton, and attested by tho City Secretary, k. SECTION V. That the City Secretary is hereby authorized to certify a I copy of this ordinance for recordation in the Deed Records of Dentor. Caanty, texL3, ;,nd a certified copy of same shall be delivered to Grantee upon receipt of the fee for publishing this ordinance. SECTION VI. This ordinance shall take effect i,amediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Denton. PASSED AND APPROVED this the 23rd day of October, 1979. CITY OF DENTOh, TEXAS ATTEST, 19 WWS7-FiOLTq CITY -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: RU-CTTY - ATTORNEY, C17v :r DENTON, TEXAS ' ~ 4 •Y~ ~ jr r 1. t a 1. . P r N • NO. 7 9. ?y AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDIN4NCRS ?r THE CITY Or DENTON, ':E.:A£, BY ORDINANC: NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 10.227 ACRES OF LAND, MORE OR LESS, AS SHOWA THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted0the 14th day of January, 1969, as amended, shall hereafter apply to said property as Single Family "SF-16" District In the same manner as other property located in the Single Family "SF-16" District and more particularly described as followa; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the C. Poullalier Survey, Abstract No. 1006, and being part of two tracts of land herinafter referred to as tract one anu tract two, tract one being conveyed from B. Thomas, et ux to R. A. Nichols by deed recorded In Volume 526,, Page 665 of the Deed Records of Denton County, Texas and tract two being conveyed from Lubert J. Wallace to Robert A. Nichols and V. R. Clearman by deed recorded in Volume 511, Page 277 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the north boundary line of said tract same being the south right of way llne~of F.M. Road 2181, said point of beginning being 726.4 feet south 890 57' 40" west of the northeast corner of said tract one; THENCE itorth 690 57' 40" east along the north boundary line of said tract same being the south right of way line of F.K. Road 2181, a distance of 194.4 feet to a point for a corner; THENCE south 00 36' 50" east a distance of 706.3 feet to the beginning of a curve to the right whose chord bears south 80 11' west and whose chord length is 76.39 feet; THENCE southwesterly along said curve to the right said curve having a central angle of 170 35' 40" and a radius of 249.75 feet a distance of 76.69 feet to a point for a corner; THENCE north 890 59' 30" east a distance of 513.9 feet to a point for a corner in the east boundary line of said tract; THENCE south 10 34' west along the east boundary line of said tract a distance of 415.3 feet to a point for a corner, same being the southeast corner of said tract; THENCE north 890 57' 20" west along the south boundary line of paid tract a distace of 684.9 feet to a point for a corner; THENCE north 13 5'r' 30" east a distance o! 214.0 reet to a point for a corner! THENCE north 890 55' 40" west a distance of 5.7 feet to a point for a corner; THENCE north 30 38' 40" west a distance of 313.1 feet to a point for a corners THENCE north 00 49' east a distance of 670.0 feet to the place of beginning and containing 10.227 acres of land, more or less. SECTION II. That the City Council of the City of Denton, Texas hereby finds that euch change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reaYonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately aft,3r its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 16th day of October, A. D. 1979. B L A ` , YOR CITY OF DENTON, TEXAS ATTEB - Q AMOOKS HOLT, CITY SECRETAR CITY OF D.ENTON, TEXAS APPROVED AS TO L FORMI RT R. SOLIMONSs ACTING ATTORNEY, CITY OF DENTON, TEXAS Ism r ~ r 1 r y} 1 r 1 THE STATE OF TEXAS X CONTRACT 6 AGREEMENT COUNTY OF DENTON X • This contract and agreement made and entered into on this the -12th day of October 1978 , by and between thu city of Denton, Texas, acting herein by and through its Mayor, thereunto duly authorized by resolution of the governing body of said Cii:y, here1naf:er called "Denton", and the City of Lake 1)allas ,Texas, acting herein by and through its Mayor, thereunto duly auth- orized by resolution of the governing body of said City, hereinafter called Cit_v of Lakd Q3>lg~ - WITNESSET:': 1. Denton hereby ryrees to provide ambulance service to the citizens of said City of Lake Dallis 2. Denton hereby agrees that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment and service being provided by Denton at any time and (2) that prior to receiving ary monies from City of Lokc Dal1V Denton's rmhulancti service will meeL or exceed all standards of equipment and service as determined by the Denton County Ambulance Committee. 3. That City of Lake Pallas agrees that the acts of any person or persons while responding to an emergency ambulance call, travel- ing to or from said calls or in any mannor furnishing emergency ambulance service to the citizens of city of Lake Dallas , Texas, out- side the city limits of the City of Denton, shall be considered as the acts of agents of _ City df Lake Dallas in all respects, notwithstand- inv, such person or pornotis may be regular employees, firemen, or in- depondent contractors of the City of Denton, and any liability re- lating to the furnishing of services is the responsibility of the City of LijkSRal1ea_ However, Denton nyreos to carry liability and malpractico insurance on the vehicles and personnel. 4. it is exprossly agreed and undorotood by the parties heroto that the ambulance sorvico agreed to ),o furnished by Menton is noces- earily cubordinato to,tho bout interosts of the citizens of the City of Denton, and that the determination of whother or not personnel and equipment are available and also-the number of personnel and amount of equipment to be sent, if any, in the event of the need for ambulance service must necessarily be left to the discretion of Denton, and it is agreed that the decisiop of the City Manager •of'the City of Denton, or his designated representative, in con- nection with th3se matters is final. 5. It is understood and agreed by the parties hereto that if for any reaaon whatsoever Denton does not furnish personnel and/or equipment for ambulance service outside of its corporate limits, although iotified of the need for such service, that Denton shall not be liable in dam.,ges or otFerwist• for the failure to furnish the same, an.: city of Lake Dallas enters into this agreement with this understanding. 6. City of Lake Dallas agrees to pay r--nton the totnl sum of Two Thousand Two Hundred Dollars 2,200.00 ) to pro- vide ambulance service to the citizens of City of Lake Dallas for a period ot err,- yuar. 7. The City of t)enton is not prohibited by this contract from charging any patient using such services fees as may be pro- vided by Ordinance of the City of Denton, Texas. 6. It is expressly undert;tootl and agreed that , in the exe- cution of this contract and agreement, neither Denton or City of Lake Dallas waives, nor shall Lac deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental pokers and functions. 9. This contract and agreement shall continue and be in full force and effect until such tier: as either ]arty hereto, by notice to the other, may terminate the same, nuch termination to be effec- tive not leas than ninety (90) days ofher the riving of such notice. 10. At tiro expiration of the primary terms hereof,, this con- tract may be renewed and extended from year to year without the noeassity of additional formalities or rosolutioni minute orders of -2- . .tip. both parties' governing bodies being sufficient. EXECUTED at fronton, Texas, on the dsy am year first above written. CITY EN TEXAS ATTEST: BgOO S MOLT, CITY SECRETARY CITY OF DENTON, TEXAS ♦ ' CITY OF LAKE DAH-A_%. TEXAS BY 0 j S, S CITY SECRETARY CITY OP LAKE DALLAS , TEXAS "3 i THE 5TA,rE OF TEXAS X CONTRACT & AGREEMENT COUNTY OF DENZ)N This contract and agreement made and entered into on this the 19th day of uctube: It 1976 , by and betweer the City of Denton, Texas, acting herein by and through its Mayor, thereunto duly authorized by resolution of the governing body of said City, hereinafter called "Denton", and the City of Corinth , .Texas, acting herein by and through its Mayor, thercunto duly auth- orized by resolution of the governing body of said City, hereinafter called Cnrjnth WITNESSETH: 1. Denton hereby agrees to provide ambulance service to the oitizenE of said Corinth 2. Denton hereby agrees that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment and service being provided by Denton at any time and (2) that prior to receiving any monies from Corinth , Denton's ambulance service will meet or exceed all standards of equip,-,lent and service as determined by tie Denton County Ambulance Committee. 3. That Corinth agrees that the acts of any person or persons while responding to an emergency ambulance call, travel- ing to or from said calls or in any manner furnishing emergency ambulance service to the citizens of Corinth , Texas, out- side the city limits of the City of Denton, shall bo considered as the acts of agents of Denton in all respects, notwithstand- ing such person or persons may be regular employcent firemen, or in- dependent contractors of the City of Denton$ and any liability re- lating to the furnishing of sorvicus is the rooponsibility of tho city of Denton However, Denton agrees to carry liability and malpractice insurance on the vehicles and personnel. 4. it is expressly agreed and understood by the parties hereto that the ambulance service agreed to kso furnished by Denton is neces- sarily cubordinato to.tho boat intorosts of the citizens of the City -of Denton, and that the determination of whether or not personnel and equipment aro available and also-the number of personnel and amount of equipment to be sent, if any, in the event of the need for ambulance service must necessarily be left to the discretion of Denton, and i,t is agreed that the decision of the City Manager of the City of Denton, or his designated representative, in con- nection with these matters is final. 5. It is understood and agreed by the parties hereto that if for any reason whatsoever Denton does not ffirnish personnel and/or equipment for ambulance service outside of its corporate limits, although notified of the need for such service, that Denton sbili not be liable in damages or otherwise for the failure to furnish the same, and Corinth enters into this agreement with this understanding. 6. Corinth agrees to pay Denton Six Hundred and sixty five & no/100----------------------- ($E 5.00 ) to pro- vide ambulance service to the citizens of Corinth for a period of one year. 7. The City of Denton is riot prohibited by this contract from charging any patient using such services fees as may be pro- vided by ordinance of the City of Denton, Texas. 8. it is expressly understood and agreed that, in the exe- cution of this contract and agreement, neither Denton or Corinth waives, nor shall be deemed hereby to waivo, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9. This contract and agreement shall continue and be in full force and effect until such timo no either party hereto, by notice to the other, may terminate the same, such termination to be offer Live not less than ninety (90) days after the giving of such notice. 10. At the expiration of the primary terms hereof, this con- tract may be ronewed and extended from year to year without the nocessity of additional formalities or resolution? minute orders of -2- .TM ..~y:^^h.~r «N. w.~,N~. V~•i.a per. :r. . yr •i •.f w-..iPlµ-d.^r IN ...h .r y ,p .r•..,I •wn• .y F.r ...,r mfr T- lp: Mw • .rte. „ both parties' governing bodies beinU sufficient. EXECUTED at Denton, Texas, on the day and year first above written. NI, CITY ENTON T S. ' BY s ATTEST: ~R S B LT, CITY SECRETARY CITY OF DENTON? TEXAS, t CITY OF Corinth _ BY s [J MAYOR , w. L. Turner ATTEST: +CTY JS irZey Aamblin ~~int i , TEXAS r3~ THE STATE OF TEXAS X CONTRACT b ACREEMEUT CgUNTY OF DENTON X This contractpazid agreement made and entered into on this the U day of _nUV- Gx.&) , 1978, by and between the City of Denton, Texas, acting herein by and through its Mayor, thereunto duly autt.orized by resolution of the governing body of said city, hereinafter called "Denton", and the City of fit- ,~Ql , .Texas, acting herein by and through its Mayor, thereunto duly auth- orized by resolution of the governing body of said City, hereinafter I called WITNES5ETH; 1. De:tton hereby agrees to provide ambulance service to the citizens of said .,.A~ 2. Denton hereby grew that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment and service being provided by Denton at any time and (2) chat prior to receiving any monies from U. , Denton's ambulance service will meet oY exceed all standards of equipment and service as determined by the Denton County Ambulance Committee. 3. That agrees that the acts of any person or persons wLile responding to an emergency ambulance call, travel- ing to or frim said calls or in any manner furnii-.hing emergency ambulance service to th3 citizens of , Texas, out- side the city limits of the City of Denton, 9~all be considered as the acts of agents of in all respects, notwithstand- ing such person or persons may be regular employees, firemen, or in- dependent contructors of Lliu City of Denton, and any liability re- lating to the furnishing of services is the responsibility of the City of However, Denton agrees to carry liability and malpractice insurance on the vehicles and personnel. 4. It is expressly agreed and understood by tho parties hereto that tho ambulance service agreed to be furnished by Denson is nocas- sarily subordinate to.tho bout interests of the citizens of the Cit . of Denton, and that the determination of whether or not personnel and equipment are available and also.the number of personnel and amount of equipment to be sent, if sny, in the event of the need for ambulance service must necessarily be left to the discretion • . •t of Denton, and it is agreed that the decision of the City Manager of'the City of Denton, or his designated representative, in con- nection with these matters is final. 5. It is understood and agreed by .he parties hereto that if for any reason whatsoever Denton does not furnish personnel and/or equipment for ambulance service- outside of its corporate llmits, although notified of the need for such service, that Denton shall not be liable in damages or otherwise for the failure to furnish the same, and aenters into this agreement with this understanding. 6. (L4'~ agrees to pay Denton to plo- vide ambulance service to the citizens of for a period of one year. 7. The City of Denton is nut prohibited by this contract from charging any patient using such services fees as may be pro- vided by Ordinance of the City cif Denton, Texas. B, It is expressly understood and agreed that, in the exe- cution of this contract and agreement, neither Denton or waives, nor shall be deemed hereby to waive, any lamunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9, This contract and agreement shall continre and be in fzll force and effect until such time as oitt,ir, party hereto, by notice to the other, may terminate the same, such termination to be effec- tive not less than ninety (90) days after the giving of such notice, 10, At the expiration of the primary terms hereof, this con- tract may be renewed and extended from year to year without the necessity of additional formalitios or rosolutioni minute orders of -2- I ' 'C!•1ni, M...•r'A.. K•_:. '-tfh'.,~ r.. •.e.7 r. ,rw_ e... r....p, ,,'!)•q v -t r.•~:{M}_i. r1. •.M. W]t both parties' governing bodies being sufficient. E-YvCUTED at Denton, Texas, on the day and year first above written. CITY OF DRNTCu, TEXAS BY $ ATTEST , PRQ , OKS HOLi, CITY SECRETARY -lta~ CITY OF DENTCN, TEXAS. CITY OF LL t 8K4-401tk~ ATTEST CITY SECR T nY CITY OF TEXAS t , Ry . Y 1r. . . ~~c~ Ys ~ µ ~ ~ s A Or: u'"opp O r, 1) rt it A t" l; C n y. 0 ~rrq 0 c' i rt It IA "f r.~ v S G } cc 0 r e n N ~ t.0 r L -r i . F-T- Ll O •J c. . t La b h tT :7 ,t z v N 002 'E 217.8 v_1 'C rt t:1 t;7 O N Hn noc r, O r1 h c m h r*s a ~ -t N n r. ! c. N rr rt (I X : r. A TIP 0 1'., ' ' •y r ~ CO r t co m * r, to r. r t ra -i' r • r O 0 Co 'S rt H O It c r t * ,•.:1 v • S00 28W 217.8 .r 04 O C n'+~.iry to N r' U W O t" rt • h ~C7 C n1 t T. r, i+r of > G ) of - YL n~ r w (D C D tu rr H? 0 a 0 y~~~~x r rr w { t ; 1'18 (l d dd~a M G. O D 0 C, 1 x • ? ;r iD3 07 ~ '.yY ~ t1 rr ~ ~ R ~r « a n n n o v , n C, ~7,~,' r5 H L ~ rJ 7 r 't h o 0 00 91 O G ~D C O O a rD 2 A •f n ~Q W .O V ~ ShD 9. ~ y N W N W 't ft to it • ~ ~ ' ry rD i0 fD r ~ ' •7a~ :I N N N D v h (A !Io 0 C) 13 N Of 2 `I p ^ D _ O 0 co 0 0 c. a o F3: ~Ar r0 G A rJ 1 fD A .l 7 i ti 1- ft • t r ff1 A rt fr x r- n d o o o p p l c CIN ft -4 P. pr pr N 0 w V; b h M 1010 p4 x ; ; 0 0 N O d A p r' V R7 n a n. d r.. fr 4 OJ Q UD ~ w N ~ ~ Vi a •.o ~l V o a m THE STATE OF TEXAS ) LEASE AGREEMENT COUNTY OF DENTON This LEASE AGREEMENT, made effective as of the 15th dal of October, 1979, by and between the City of Denton, Texas, a home rule municipal corporation (hereinafter referred to aE "Lessor") and Martin Miller d/b/a J & M Aviation (hereinafter referr?d to as "Lessee") having as its mailing address P. 0. Sox 294, Denton, Texas: WITNESSETH: WHEREAS, the Lessor currently owns and operates an airport known as the Denton Municipal Airport ("Airport"), located in Denton County, State of Texas= and WHEREAS, the Lessor deems it advantageous to itself and to its operation of the Airport to lease unto the Lessee certain premises and to grant unto the r;:ssee certain rights, privileges, and uses therein, as necessary to conduct its flight school and aircraft rental services as hereinafter set out: NOW, THEREFORE, the Lessor and Lessee, for and in consid- eration of the covenants and mutual agreements hereinafter contained, do hereby covenant and agree as follows: A. LEASED AREA: The leased area conveyed by this lease agreement sha:l be as follows: The leased area of the Airport shall be approximately two (2) acres, more or less, and more particularly set forth in Exhibit "A" attached hereto and made a part hereof. S. TERM CF LEASE: Subject to earlier termination and cancellation as hereinafter provided, the term of this lease agreement shell be for a period of six (6) months, commencing upon October 15, 1?79, and ending on March 14, 19801 at 12:00 midnight. Further provided, that Lessor grants to Lessee, subject to the express conditions set forth below, the option to renew this lease for an additional period of six (6) months after expiration of this lease, beginning on March 15, 1980, and expiring on October 148 1980r at 12:00 midnight, at the same rental herein provided, and otherwise subject to and on all of the terms and conditions herein contained except that there shall be no further option to renew the lease. To exercise such option, Lessee, must give Lessor written notice of his intention to do so, yin or before, January 31, 1980. However, Lessee expressly agrees and understands that such option to renew, even though such notice is timely given, is subject to the following conditions: 1. Lessee shall have timely performed all of his obligations hereunder and shall not be in default in the performance of a.:y thereof on the date of the expiration of this lease agreement) and, 2. Lessor, at its sole discretion, conaents in writing to such option to renew, on or before, March 1, 1980. C. RENTAL: The total rent of this lease is the sum of THREE TWOdmobJ63D MY.11.c~nteABSA►~~~.~.,~rrtouLi %20 Dollars. Lessee agrees to pay Lessor said amount, wTtnouc deduction or offset, in installments of T~yp ~b~~ ~~My.F 160Vdl[/QSAx)D7')c►1CE►M ) Dollars each, payable at ty Ha , Eaat McK nney, eginning on October 15, 1979, and payat.le on the 15th day of each month threaf ter during the term of the lease. Lessor and Lessee acknowledge that the total rent indicated above was computed at a rate of three and one-half (3-1/2► cents per square foot of the leased area described herein. D. PURPOSES: Durirg the term of this lease agreement, the Lessee shall have the iollowing rights and privileges: 1. The Lessee shall have the right to operate on the leased area a flight school and aircraft rental service. Lessee agrees to restrict the use of tie leased area to such purposes, and not to use, or per At the use of, the leased area for any other purp 3es without first obtaining the written consent of Le,.jor, or of Lessor's authorized agent. 2. The Lessee shall have the right of ingress to and egress from the leased area over and across public roadways serving the Airport for the Lessee, its Agents and servants, patrons andd invitees, suppliers of service and furnishers of materials. 3. The Lessee shall have the right to install, operate, and maintain sllely at the Lessee's own expense, advertising signs, on the Airport and leased area hereunder, in order to make known its name and services. Said signs shall only be in the nature of identification and shall not advertise prices and shall be subject to the ipproval of the Airport Board, such approval not to be unreasonably withheld. 4. Lessee shall have fte right, at Lessee's sole expense, to erect and maintain no more than one temporary building on the leased area during the term of the lease, such plans and specifications to be approved by the Lessor, and said temporary building to meet all applicable building code requirements. E. ASSIGNMENT AND SUBLETTING: The Lessee shall not assign, sell, cotvey, transfer, mortgage or pledge this lease agreement, or the letting, or any part thereof. The Lessee shall not sublet tha leased area or any part thereof. The Lessee shall not use, or permit any person to use, the leased area or any portion thereof, except fo, the purposes set forth in Section D hereof. P. WASTE AND NUISANCE PRONISITED: The Lessee shall not commit, or allow to be committed, any waste on the leased area, create or allow any nuisance to exist on the leased area, or use or allow the premises to be used for an unlawful purpose. PAGE 2 f G. UTILITIES: The Lessee shall promptly and fully pay for all utilities furnished the leased area for the term of the lease, including electricity, gas, water, sewer and teleehone service, and Lessor shall have no responsibility of any kind for any thereof. Further, it is understood and agreed to by Lessee that the Lessor is under no obligation of whatever kind to provide water or sewer service to the leased area. H. INSURANCE As of the effective date and during the balance of this lease agreement, Lessee shall maintain reasonably obtainable liability Insurance in amounts reasonably necessary to protect it from the normal Insurable liabilities that may be incurred in the operation and for the purposes allowed hereof. 1. INDEMNIFICATION OF LESSOR The Lessee shall Indemnify and hold harmless the Lessor, its officers, agents and employees against and from all claims and demands by third persons arising out of damage or injury to persons (including death) or property, resulting from the tortious acts or ommissions of the Lessee or its employees or resulting from any breach or default by the Lessee of any of the obligations or duties assumed by or Imposed upon such Lessee by this lease agreement. J. RIGHTS AND PRIVILEGES RESERVED TO LESSOR: The Lessor expressly reserves the following rights and privileges; provided, however, that Lessee agrees and under- stands that this reservation of rights and privileges is non-exclusive and that Lessor shall have any and all other rights and privileges provided by law or otherwise. . 1. the Lessor by its officers, employees, agents or representatives, reserves the right at all reasonable times to enter upon the leased area for the purpose of inspecting the same, for observing the performance by the Lessee of its obligations under this lease agreement, and for the doing of any ack or thing which the Lessor may be obligated or have the right to do under this lease agreemert or otherwise. 2. The Lessor reserves the right to operate the Airport in accordance with obligations to the federal or state government under any of the agreements under which aid for development of the Airport was granted. 3. The Lessor reserves the right to take any action it considers necesary to protect the aerial approaches of the Airport against obstructions that would constitute a hazard to aircraft. 4. The Lessor reserves the right to further devviop the Airport as it sees fit regardless of the desires of the Lessee and without hinderance or interference from such Lesseri. 5. That this lease agreement shall be subordinate to any provisions of any existing or future agreements entered Into by ~:he Lessor with federal or state governments for funds for the improvement, operation and maintenance of the Airport. PAGE 3 6. That nothing contained within this lease agreement shall be construed as granting or authorizinq the granting of an exclusive right for exercising the aeronautical activities provided for in Section D hereof, and Lessor reserves the right to grant to nth^r8 the same or additiunai privileges on the Airport. K. MAINTENNCE OF LEASED AREAS The Lessee agrees to maintain the leased area on the Airport in a safe, clean, and orderly condition at all times. L. LICENSE FEES AND TAXES: The Lessee shall take out or obtain all licenses or permits as required by federal, state or local law. The Lessee shall pay any and all lawful taxes and assessments, which, during the term of the leased agreement, or any part thereof, may become a lien upon or which may be levied by the scat" county, city, or any other tax levying body, upon any and all of the leased area of this agreement, as well as all taxes on taxable property real, personal or mixed, owned by the Lessee in or about said leased area, but deferment of payment of any stax by tip Lessee shall not constitute a default or breach of this lease agreement during the time the Lessee is contesting in good faith the payment of said tax before any duly constituted authority, and pending the final determination of such contest. M. LAWSr ORDINANCES AND RULES: The Lessee agrees that it shall observe and obey all the laws, ordinances, rules, and regulations of the federal, state, and municipal governments which shall be applicable to its operation at the Airport. N. TERMINATION AND CANCELLATION OF LEASE AGREEMENT: 1. CANCELLATION BY LESSEE: This lease agreement shall be subject to termination an cancellation by the Lessee after the happening of one or more of the following events: A. The closing of the Airport for all flight ' operations for a period of thirty (30) days. B. Issuance by any court of competent jurisdiction of an injunction In any way preventing or restraining the use of the Airport, and the remaining In force of such injunction for a period of at least thirty (30) days. C. The default by the Lessor in the performance of any covenant or agreement herein required to be performed by the Lessor and the failure of the Lessor to remedy such default for a period of thirty (30) days after receipt from the Lessee of written notice to remedy the same, 2. EXERCISING LESSEE'S RIGHT OF CANCELLATIONi The Lessee may exercise such rights of cancellation and termination by written notice to the Lessor at any time after the effective date of this lease agreement, and the rentals due under said lease shall be payable only to the date of said termination and cancellation and thereafter all of the Lessee's rights and privileges and the Lessor's obligations shall cease. All improvements made by the Lessee upon the leased arAa, as herein provided, shall remain the property of Lessee, provided, PAGE 4 however, that the Lessee, after the said improvements are removed from the leased area agrees to restore the leased area in as good condition as it was originally. 3. CANCELLATION BY LESSOR. This lease agreement shall be subject to cancellat on and termination by the Lessor after the happening of one or more of the following events: A. Filing by the Lessee of a voluntary petition in bankruptcy. B. The abandonment of the leased area by Lessee for a period of thirty (30) days. C. Default in the performance of any of the covenants, conditions, or agreements contained herein to be kept and performed by the Lessee when such default continues for a period of fifteen (15) days after receipt of written notice to the Lessee from the Lessor to correct such default. 4. EXERCISING LESSOR'S RIGHT OF CANCELLATION: The Lessor may exercise such rights of cancellation and termination by written notice to the Lessee at any time after the effective date of this lease agreement and the rentals due under said lease shall be payable only to the date of said termination and cancellation and thereafter all of the Lessee's rights and privileges and the Lessor's obligations shall cease. All improvements made by the Lessee upon the leased area, as herein provided, shall remain the property of Lessee, provided, however, that the Lessee, after the said improvements are removed from the leased area agrees to restore the leased area in as good condition as it was originally. 0. NOTICES: 1. NOTICES TO LESSOR: Notices to the Lessor provided herein shall a su c ent if sent by certified mail, postage prepaid, addressed to: CITY MANAGER 215 EAST MCKINNEY MUNICIPAL BUILDING DENTON, TEXAS 76201 2. NOTICES TO LESSEE: Notices to the Lessee provided herein sha be sufficient if sent by certified mail, postage prepaid, addressed to: MARTIN MILLER J & M AVIATION P. 0. BOX 294 DENTON, TEXAS 75201 3. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. P. ATTORNEYS' .EES! If the Lessor files an action to enforce any covenant, term, or condition of this leave agreement, or for the recovery of the PAdg 5 f possession of the leased area, or for the breach of any covenant, term, or condition of this lease agreement, Lessee agrees to pay Lessor reasonable attorneys' fees for `he services of Lessor's attorney in the action as part, of the costs incurred, s,.c% cees to be fined by the court. Q. EFFECT OF LESSOR'S WAIVER: Lessor's waiver of breach of one covenant or condition of this lease agreement is not a waiver of breach of others, or of subsequent breach of the one waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except of the breach of the covenant to pay the rent installment or installments accepted. R. TIME OF ESSENCE: Time is of the essence of each and every provision, covenant, and condition herein contained, and on the part of the Lessee or Lessor to be done and performed. IN WITNESS WHEREOF, the panties hereto have executed this lease agreement as of the day and year first above written. CITY OF DEN , AS BY: 4a ~-I B I'LL HASH, MAYOR ATTEST* ROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi z $URT R. OLOMONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS MARTIN MILLER d/b/a J 6 M AVIATION BY: PARTNER PAGE 6 ax `pY4f- ' 1 I i lYt• Y ay _ 2 998 THE STATE OF TEXAS, VOL COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Skaggs Drug Centers, IkD ED RECOROS 336'3 of Denton County, Texas • , in consideration of the sum of one Dollar ($1.00)------------------------ and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do bi these presents grant, bargain, sell and convey unto to City of Denton, Texas the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the BBB & CRR Company Survey, Abstract No. 192 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the BBB & CRR Company survey, abst. no. 192, and being part' of lot no. 2, of the Pearcy/Christon Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Pearcy/Christon Inc. to Skagg Drug Centers, Inc. by deed dated November 13, 1978 and recorded in Volume 923, Page 38 of the Deed Records of Denton County, Texas, and more particu- larly described as follows: COMMENCING at the southeast corner of said tract; THENCE north, along the east boundary line of said tract, a distance of 16.0 feet to a point for a corner; THENCE south 89056120" west, along the north boundary line of an existing utility ea.3ement, a distance of 135.0 feet to the place of beginning; HENCE south 89°56'20" west, along the north boundary line of said Ling utility easement, a distance of 16.0 feet to a point for a corner; HENCE north 0°03'40" west a distance of 22.0 feet to a point for a corner; HENCE north 89056'20" east a distance of 16.0 feet to a point for a corner; THENCE south 0003140" east a distance of 22.0 feet to the place of beginning and containing 352.0 square feet of land, more or less. And It Is further agreed that the said City of Denton, Texas in consideration of the benefits above art out, will remove from the property above described, such fences, buildings and other obstructions as mAy now be found upon said property. For the purpose of constructing, installing, repairing and perpetually main- taining p)tblic utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hand a , this the ♦ day of Oirr•otA1_' , A, D. 19 79. SKAGGS D G ENTERS NC. _ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS' t BEFORE ME, ti.: undersigned authority, COUNTY OF f in and far said County, Texas, on this day personally appeared - knotirn to me to he the person whmac name subscribed to the foregoing Instrument, and acknowledged to me that h,• executed the same for the purposes rind coesideration therein expressed. GO'EN U!i0':R AY ILAN•_` ANL) SF,AL OF OFFICE, This _ d..y of. A.D. 19___-. Nutary Public, County, Texas 1ty Commission Expires June 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared known to me to be the person whose name suhscril ,ol A o the foregoing instrument, and acknol.aledgcd to me that . he . executed the same for the purposes and consideratirn! Vurvin expressed. GIVEN UNOh:IT DIY HAND AND SEAL OF OFFICE, This day of , A.D. 10 I t..5. ) NoLrry Public, Ccunty, Texas "I1v r..romis,lon F.xplres June 1, 19 L~i(3t--COlil'ORATION ACKNOWIAID WNT THE STATE OF TRCAS, COUNTY (IF DENTOW S•• /1 Z" I' Itt:fcrRl; ME, the underslttnel authority, In and for said 4;ouuty, Tr x:s, r,r tLl+ d.>> le,-F,al')• app•mn-l Skaggs Drug Centers, Inc. 1. I'r., n IA irr,' t,, b-• the PIrlo,n and officer txho!o'naese Is sub.;~W611 to tie f~ i'r °'.7 i!, ,r ug, r. 1, c, sob r,•rl L, ii- tb..!. sim- wn_t the n,t of the sal,l Skaggs Drug*46nters, Inc. a corP,rJt'on,7tgli,, it Ire .o ~A, I ti il...~,t ,f n,h r,.r;= rutl,o I'r t!.• t tF...-s nI,.l aor.r;~rr,~li~,n iLarcin exp:ra.cd, and In the inpacrt 'tlervin -t.,t .1. CIVKhr INNER 31Y HAND ANU SEAL OF OFFICE ,~~►i. rat /~tny {/i +•'br- A. 1). 19 11% •a' Notary PI De ttn •-lc(,,unty, 4'eref4 Nly Con,mi.<i•,n Explrrr June -f; 1991. •6 'IIR&A CFRTIFICATH THE STATE OF r County COUNTY OF' Clerk of the Covnt r zid 5IL,." tit crrtify IhA the forrxoing lnstmmeol of exiting dated on the day of ~ j CJ' If, y1 , A. 1). In with IU Cr,IJnI I of AuIh.nti-A on, ans iAt for rceo:d In my ofllce o I. ` J4 If, )i A U, I! , at o'r;,Mk 11., and duly recorded this. _;ny 0 X A. P. 19 , tit o'riurk \1., in the b 4 a.7 tecot,le of stall County, In ,'olatne , on pnges WITNESS MY JA 'Dtll'A9 i 1 11 UT-T COURT of Fall County, at clf.ce In i , . Oeay and year last nl•rte written. >3 a ~2 YIC99 County t'Ietk County r ae. 8) By , 11rputy. 41 Elr ~ l ~ 2F9I UD lit { q H a. a .FILED (t ~ p, „ II19 OCT ~6 6I.08 ~ I ~ t THE STATE Or TEXAS, VOL X82 PACE ~~9$ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Henry A. Barlow DEED RECORDS k336 6'2 of Denton County, Texas , In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration In hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these prearnts grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, In the J. Carter Survey, Abstract No. 274 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Carter survey, Abst. No. 274, and being part of lot no. 3, block D, of the Replat of the Meadowbrook Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Harry B. Miller to Henry A. Barlow by deed dated March 31, 1967 and recorded in Volume 552, Page 320 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of said Barlow Tract, said point of be- ginning also being the intersection of the south right-of-way line of Windsor Drive and the east right-of-way line of Stuart Road; THENCE north 84049' east, along t',e north boundary line of said Barlow tra^t, same being the south right-of-way line of Windsor Drive, a distance of 20.0 feet to a point for a corner; THENCE south 43°23' west a distance of 29.99 feet to a point for a -orner in the west boundary line of said Barlow Tract, same being the east right- of-way line of Stuart Road; THENCE north 1057' east, along the west boundary line of said Barlow Tract same being the east right-of-way line of Stuart Road, a distance of 20.0 feet to the place of beginning and containing 198.46 square feet of land, more or less. And it is further agreed that the said City of Denton In consideration of the beneflta above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be foun,l upon said property. Forthepnrposeof constructing, installing, repairing and perpetually main- taining drainage facilities in, along, upon and across said premises, with the right and privilege at a!1 times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress In, along upon and across said premises for the purpose of making additious to, Improvements on and repairs to the sald drainage facilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texaa as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the z4 day of ►reere- D. 19 79 . U ENR A. BARLO sal SINGLE ACKNOWLEDGMENT THE STATE: OF TEXAS, ` BEFORE DIE, the undersigned authority, COUNTY OF DENTON _ in and for said County. Texas, on this day personally appeared ___Henry -A...-Bi low known to me to be the person whose name 19 subscribed to the foregoing instrument 'and ~rkhl to me that he executed the same for the purposes end considetation therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, Thf / ;Ztil /day of_NC ',ka 19]9_ (1 S.) Ctt[ ..._VL?rL-~E!ti931: 2.....'_- Notary public. enton•' County, Texas My Commission Expires time 1, 19..... . SINGLE. ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF f BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared - - - known to me to be the person ...._w-h se name suLscrilkvl to q:c forewoing instrument, and acknowledged to me that _ he executed the same for the purposes and consideration therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICF7, This day of....,-... _ A.D. 19 I L.S.) Notary Puddle, County, Texas firv f nnimission Expires June 1, 19 colt POIIAT[ON ACKNOWLEDGMENT THE, STATE OF TEXAS, COUNTY OF HF:FOF:F: CIE., the undersigned authority, ir, and far said Calmly, Tex:c-, on this day ;N rs, nnlly ni'pcared knr'Art to roc t r be the pere m and officer whose name Is subscribed to ti:c f l ii.-tl fit nrd tit kno%rlodrtid tir me tl. t 11w scene w.rs the a't of the lllI a corporation, and il.nt ha l tl,e S Lille il tl,^ art of sudh Cl wil'ti''n f,-, t.'r.. I p'ip, ,;-•s r,nJ eansiJcrali„n therein expressed, and in the capacity tiurrln siuhd, GIVEN UNDER MY IIAND AND SEAL OF OFFICE„ This day of A.D. 10 (L.S.)osa r o ! 4,1 a' 0 k at Notary Public, Counly, Texas a 6 My 0mir.isoSnn YNpires June I, 19 `'•'LF RK'S CERTIFICATE THE SAIM TRA g 1 1 COUNTY 0 k1 . -4 I County ~t• a Clerk of th Q, ourt all, , do hereby certify that the foregoing Instill of writing datrd on the lil If r as~~+r A. 1), 10 , with its Certente of AuthrnllctiCon, was fled for record in in f e ol&ho to QrW A. I/. 19 at o'clock DI., find duly recorded thi s dAy of, I 14 I y A. D. 19 at fill Di., in the .y _ . I I Records of sold Calmly, in Volume to pages 1VITNE& 1 D ANDF.Al TIIE COUNTY COUkT of said CountY, at Once In 3 4 , the day and year last above written. r County Clerk 6unty, Texas. (L 9J By Deputy, Fill EE~- V A r E r'19 0C(2 8 r E of Ulf .8 l s \lee may` , 'APO 2 W 107 l,, t ~ k J ~ SYe V ~ ,1+ y . ! a a°'' ~l 2, r 1h. ~ J W ti 1 ~t ~9ti ii~v ~ R 4~p ~C ~ ~l~~iw -,+s { G^~Y~. m~~s .~~,M ~.F L~.»1 v 4~ ~ 5~~~'si' .t s.a tv~11~. s. 7 .rI Y s7.y, i-'4.r~xa.,`♦y y.., ~yn~l , ` 4~h~;,.__,-_._, A VU V A FACE i 33. RELEASE OF LIEN DEED RECORDS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) ~s21'72 That the City of Denton, Texas on the filth day of August, 1979, filed a lien on the below described property: Lot 30, Block 6 of College View Addition, B.B.B. 6 C.R.R. Survey, Abstract No. 185. Said lien is shown of record in Volume 915, Page 76 of the Deed Records of Denton County, Texas. The City of Denton, hereby releases and dischargers the said lien from the Deed Records of Denton County, Texas shown to exist upon the above described property. EXECUTED this the 10th day of October, A. D. 1979. CITY OF DENTON, TEXAS f. l ,1F''r,' BYs URT R. SOLOMONS ? " ACTING CITY ATTORNEY 4 ' ' CITY OF DENTON, TEXAS ATTE§ c` CS HOLT, CITY SE RETA Y CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Burt R. Solomons, Acting City Attorney of the City of Denton, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a Municipal corporation, and that he executed the same as the act of said Municipal Corporation for the purposes and consideration therein expressed, and in the capacity therein stated. 'GIVEN--UNDER MY HAND AND SEAL OF OFFICE, This the 10th day of Oct41fe1Ap j9,79 _ ;~r ' 1k t NO ARY PUBLIC IN ND FOR f k DENTON COUNTY, TEXAS My 'Conirafasion expires ` A 3~. 1~d kMt 07 o A` V O Q IIA1E OF TEXAS COUNTY OF DENT011 COUNTY CiM DrnlOn County. Tun haetrt CHldy Ih.1 I1t , if brrw, t nr !Id on Thy dale Ind limo sla r,,. d kflol by nmt Ind Wil duty w eordcd ui ih@ rl_me I d p it VW nlnrd WWI d Deolal Lou~ty. Texas 1, •,tv,Ad hereod by ms. OCT 1G 1979 Y" e -ff Cum EMrbn ~ face I' ~ t~ rq .lit ~ ~ i r , _r COPY OF ACREEIV'sNT FOR YOUR FI1;g Y, INSPECT, APPRAISE ~IC ROADS AND STREETS THIS AGREEMENT, made this : tj day of 19 , by and between the State Department of Highways and Public Trans_R tation P rty f the First Part, hereinafter called the "Department", and t p~_ local goverrvaent, or governmental agency or enttt P Ity of the Second Part, acting by and through its c 1 L ,..et and by irtue of the authority shown on Exhibit attached hereto aid made a part hereof. W I T N E S S E T H WHEREAS, the Party of the Second Part is owner of certain bridges on public roads and streets within its jurisdiction; and WHEREAS, Title 23, United States Code as amended by the Surface Transporta- tion Act of 1978, requires that an inventory, inspection and appraisal be com- pleted of all highway bridges on public roads and streets; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this wurk, A G R E L K E N T NOW, THEREFORE, in consideration of the premises and of mutual covenants and agreements of the parties hereto to be by then respectively kept and per- formed, as hereinafter set forth, it is agreed as follows: 1. Tha Party of the Second Part hereby grants permission to the Department or its contracted Consultant, to perform on-site surveys and inspections of bridges under its jurisdiction for the purpose of developing inventory and , appraisal information and date, and further agrees to furnish available informa- tion and data corcerning such bridges, to the Department. 2. All of the above described information and data shall be the property of the Department. However, such information and data will be provided to the Party of the Second. Part upon request. 3. Nothing herein is intemitd to chinh,e the respective reoponsibilitles under the laws of this State of the parties hereto. It is expressly understood that the Department's responsibility shall be limited to the reasonably prompt conveyance of information and data described in 2 above to the Party of the Second Part. Responsibility for deciding upon the imposition of load restriction, closure, repair or other such action, shell remain that of the Party of the Second Part. AGREEMENT FOR THE STATE TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES ON PUBLIC ROADS AND STREETS THIS AGREEMENT, made this day of C'c~u~c 19-L?, by and between the State Department of Highways and Publte Trans?o~ration P rty 4f the First Part, hereinafter called the "Department", and C L 1 j ap~_ a local government, or governor ntal agency or entit P ty of the Second Part, acting by and through its 1 ( and by(rirtue of the authority shown on Exhibit attached hereto aid made s1 part hereof. W T T N S S S E T H WHEREAS, the Party of the Second Part is owner of certain bridges on public roads and streets within its jurisdiction; and WHEREAS, Title 21, United States Code as amended by the Surface Transporta- tion Act of 1418, requires that an inventory, inspection and appraisal be com- pleted of all highway bridges on public roads and streets; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. AGR6S~ISNT NW, THEREPORA, in consideration of the premises and of mutual covenants And,.aixeements of the parties hereto to be by this respectively kept and per- for"d, as hereinafter set forth, it is agreed so follower 1/. The Party of the Second Part hereby grants permission to the Department or,its contracted Consultant, to perform on-site surveys and inspections of bridges under its jurisdiction for the purpose of developing inventory and appraisal information and data, ■nd further agrees to furnish available informs- tion and data concerning such bridges, to the Department. 2. All of the above described information and data shall be tho property of the Department. However, such information and data will be provided to the Party of the Second. Part upon requost, 3. Nothing herein is intended to change the respective responsibilities under the laws of this State of the parties hereto. It is expressly understood that the Department's responsibility shall to limited to the reasonably prompt conveyance of information and data describe) in 2 above to the Party of the Second Part. Responsibility for de°idl~.g upon the imposition of load restriction, closure, repair or other such action, shall remain that of the Party of the Second Part. .2- IN TESTIMONY WHEREOF, the parties hereto have caused these present to be executed in duplicate on the day above stated, PABTY,OF THE FIRST ?IXT: PARTY OF THS SAND PART: DISTRICT ENGINEER, STATE DEPART- MENT OF HIGHWAYS AND PUBLIC lc TRANSPORTATION Name of Gov$ nmen , or Govern- mental Agend ar ntity ' By: +Lt/ 00- ez~ ,Afatrict Engineer ~ iL~rict No. IS By; Titte of E cutin Official ~ koo NOV 08 1979 CII7 OF DENTON MANACEA'S OFFICE 5= _ 1 Systems & Programming Resources Inc. a ` 7616 LBJ Freeway - Suite 812, Dallas, TX 75251 - (214) 386-4967 SYSTEMS AND PROGRAMING City of Denton, Texas RESOURCES, INC., hereinafter AND Municipal Building referred to as SPR Denton, Texas 76201 Hereinafter referred to as Date: October 24, 1979 CUSTOMER This Agreement shall supersede all prior Agreements between SPR and the CUSTOMER respecting thelsubject matter hereof. SPR and the CUSTOMER agree not to offer, promise, or engage in employment with personnel from the staff of the other for a period of six (6) months from the completion of the assignment or during the time that the assignment is in progress. SPR will provide weekly progress reports directly to the CUSTOMER. SPR will provide qualified technical personnel as necessary to complete designated objectives agreed upon with the CUSTOMER. The Hourly Billing Rates for SPR technical representatives are as specified in the attached list of rates by classification. Invoices will be submitted bi-weekly by SPR to the CUSTOMER for actual time charges incurred. The CUSTOMER will pay all invoices promptly or within ten (10) days of receipt thereof. Either party to the agreement shall retain the right to terminate project involvement with two (2) weeks prior written notice to the other. SPA liability shall at all times be restricted to the amount received for all services performed. SPR will provide, upon request, certificates of,ilorkmen's Compensation, Employer's Liability Insurance and Public Liability Insurance. SPR warrants tfie services specified in this Agreement against latent program errors t+hich occur as a direct result of the performance of such SPR services for a period of twelve (12) calendar months from the date of formal acceptance, or if no formal acceptance is given, the warranty period shall commence on the date of this Agreement. SYSTEM Ni C N C RESOUR ES, INC. BYt BY$ TITLEt Branch Manager TITLFa Ury JH1_Ih E , y ~ BYt r}r TITLEtr 1 Addendum to Agreement between systems and Programming Resources ands City of Donton, Tes•as Dated: October 24, 1979 ,,ecanical Fersojinel Requirements And Assignment Specifics Classification SPR agrees to provide the services of SPR technical representative(s) classified as Programmer Analyst Capabilities Capable of performing various data processing tasks including (See attached resu:re.) r Experience With applications and/or software experience as follows (See attached resume.) a starting The approximate start date for the above services is October 24, 1979 Duration Tho approximate duration of service will be Three Months Hourly Rate The rats of reimbursement for all services provided is $28.50 per working hour which will not be subject to renegotiation before January 31, 1979. Syst rogr n Resources Bys Bys Titles Branch Manager Titles(-"iN I midair Datiii. .October 24. 1974 Dater S-~iJ Y •tr 3't SI~NLI.1 ! L ♦wr... ♦ T a f~ t q- K- THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, COUNTY OF DENTON DEED RECORDS :32195 THAT Trustees of the First United Methodist Church of Denton, Texas of Denton County, Texas • , in consideratlon of the sum of One Dollar ($1.00)----------------------- and other good and valutble consideration iq hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by t::ese presenta gran, bargain, e.;ll and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage 'n, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the H. S i s co Survey, Abstract No. 118 4 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the H. Sisco survey, Abst. No. 1184, and being part of a tract of land as convey- ed from Denton Independent School District iC Trustees of the First United Methodist Church of Denton by deed dated August 26, 1976 and recorded in Volume 801, Page 484 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the South boundary line of said tract, same being the North right-of-way line of Sycamore Street, said point of beginning being 225.0 feet West of the Southeast corner of said tract, said Southeast corner also being the intersection of the North right-of-way line of Sycamore Street and the West right-of-way line of Industrial Streets THENCE West, along the South boundary line of said tract, same being the North right-of-way line of Sycamore Street, a distance of 16.6 feet to a point for a corner; THENCE North a distance of 59.0 feet to a point for a corner; THENCE East a distance of 16.0 feet to a point for a corner; THENCE South a distance of 59.0 feet to the place of beginning and con- taining 944.0 square feet of land, more or less. And it is further agreed that the acid City of Denton, Texas In consideration of the benefits above set ot!t, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurposeof constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regr•,ea in, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the rald (.i ty of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our hands , this the 11th day of October , A. D. 197 FIRST ITED METHODIST f C _ BY:A ~i 4 w967 SINGLE ACKNOWLEDGMENT THE STATE OF TEAS, COUNTY Y OF OF DENTON BEFORE DIE, the undersi ned utho s , J J. Raymond Pita President de } rid o Tru{sea in and for said County, Texas, on this day personally appeared Trustees _ol---. the._Firs.t_Methot ist.. Church-_of-_-Denton,_ Texas. - - known to me to be the petsr,n S.. whose name are, subscribed to the foregoing instrument, and acknowledged to me that 111 , .executed the snme for the purposes And consideration therein expressed. e` 1a't ~UNjjaER MY HAND nAND S cAL OF OFFICE, This IAlday of O5.=. , A.L. ]d 75 (L.S} ' , ~J/mot l~Q e~,•..~ r~' Not J'r ~t6z Notary ublic, Qenton County, Texas In Arj I,, I` ~ ` .-;r : ` Mr Cor~••r,• My Commission Expires i, 1'181 1. Isdl 4 SINGLE ACKNOWLEDGMENT TH;4:'S'fIAT9. F TEXAS, BEFORE ME, the undersigned authority, COUNTY OF-- in and for said County, T:•xas, on this day personally appeared knonn to me to be the person whrse name sutscr i. d t, the f:noy,,,inx iflArrcnent, and acknowledged to me that _ he . executed the same for the purposes and cr.nst,l, rati, n therein expresxd. GIVEN' UNDER MY HAND AND SEAL OF OFFI('t', phis day of A.D. 19 ('..S.1 Notary 110 lie, County, Texas %Iv rommis.i•,n Fxplres dune 1, 10 11701i ORATi0N ,1C'KNOWLEUG11IFNT THE STATE OF TEXAS, ~ COUNTY OF Ith;F((rl: MK. the um~rrsl(~.9d~ulh,,,rity, in and for said County, Texas, on this day revs,•rntl s;.;~ arcd A v n ! , m tr 1,• lh,• p, rs ro nr,l o' ieer whose name is eubserled to t`,c f, rn•r~. v.! itorvo.,rt s-,I m'.r.uwlyd~od t., r,r t: rF, me wne the n l of t' e said a corpur:2tion, ar.d that he e3rrWe I the r.rn,. sv lt,. n'l of rah a>opntkti"n f r t'r. r iI- t and a,ns: h ri:tion O.crein expressed, and in the caparity therein stat•I. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day 0 A.D. I9 (L.S.) `sag Notary Public, County, Texas n a ~)ly ernnfls.sh.m Expires June 1, 19 V CLE i E IF'IC.1TF: THE STATE OF Th ' L fit i~ County couxrY OF. fg~ a7 Clerk of the County Court fs sold nty~oNr that the foregoing instrument of writing dated on the day of k . , l P^' 19 with its Certificate of Authr ntirat:nn, was filed for record in my of rice on the c4D of~ A. 11. 19 nt o'rlock M., and duly recorded this d 0 46 S A. h. 19 ht drin l )L, in the _ s of A:)A C,, rely, i❑ plume on 9}ea WITNESS S11 1W 11 OF . l'ut• ItT cd wild 0,:r !j, nt , mre in r~ !r jenr last ab~rvr written, , ! County t'Irrk County, Texas, (L, S.) By Ilcputy. I I t e A Q~ H i v A i V 0 h A o FILEq a. o: wk 9 In I H i 9 OCT i 16 IQ I I Cpl t e ~i (~r~j i ` r( u X E i f WW 1g1 fI ~ ~ E ~ ~ ~ ~E! EPU Y i i ! rv ~ 2 3 ~ 0 e i ; y ~ i b I a q 04 THE STATE OF TEXAS ) COUNTY OF DENTON ) DEED RECORDS ) )pp~ ~)2e3C71) That Jack Bell Construction Company, of the County of Denton, Texas, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by The City of Denton, Texas, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty, and privilege of the passage in, along, upon and across the following described property owned by it, and being situated in the County of Denton, State of Texas, and being more particularly described as follows: I J All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Company Survey, Abstract Ro. ;j 186 and being part of Lot No. 16 Block 91 of the Village t~') Addition, an addition to the City and County of Denton, and I:~4 also being part of two tracts of land, hereinafter referred to L ' as tract one and tract two, tract one bei.ig conveyed by Universal Development Corporation to Jack 8!'11 Construction Company, Inc. by deed dated September 12, 197! and recorded in Volume 974, Page 258 of the Deed Records of Denton County, Texas, and tract two being conveyed by Universal Development Corporation to Jack Bell Constructi-)n Company, Inc. by deed dated September 12, 1979 and recorded in Volume 974, Page 267 of the Deed Records of Denton County, Texas, and more particulary described as follows: TRACT ONE: BEGINNING at the southwest corner of said Lot 1, r Block , said point of beginning lying in the north right of C3 way line of Windsor Drive; THENCE north 10 20, 29' west along the west boundary line of said Lot 1, Block 9, a distance of 495.0 feet to a point for a corner same being the northwest corner of said Lot 1, Block 9; THENCE north 8B0 39, 31' east along the north boundary line ` of said Lot 1, Block 9 a distance of 500.0 feet to a point for k . a corner same being the northeast corner of said Lot 1, Block 9; THENCE south 10 20' 290 east along the east boundary line of said Lot 1, Block 9 a distance of 386.98 feet to a point for a corner in the north right of way line of Windsor Drive same being the southeast corner of said lot 1. Block 9; THENCE south 750 52' west along the south boundary line of said tot 1, Block 9 same being the north right of way line of Windsor Drive, a distance of 16.41 feet to a point for a corner; THENCE north 10 20' 29" west 16.0 feet west of and parallel With the east boundary line of said lot 1, Block 9 a distance of 92.61 feet to a point for a corner; THENCE south 880 39' 31" west a distance of 69.0 feet to a point for a corner; THENCE north 10 20' 29" west 16.0 feet west of and parallel ` with the east boundary line of said City Lot 1, Block 9 a distance of 266.0 feet to a point for a corner; THENCE south 880 39' 31" west 16.0 feet south of and parallel with the north tovndary l inr .f said Lot Is Block 9 a disc, nc: of 107.0 feet to a point for a corner; THENCE south 10 20' 29" ►east a distance of 64.0 feet to a point for a corner; THENCE south 860 39' 31 west a distance of 16.0 feet to a point for a corner; THENCE north 10 20' 2west a distance of 64.0 feet to a point for a corner; THENCE south 880 39' 31" west 16.0 feet south of and parallel with the north boundary line of said Lot 1, Block 9 a distance of 191.0 feet to a point for a corner; THENCE south 10 20' 29" east a distance of 64.0 feet to a point for a corner; THENCE south 880 39' 31 west a distance of 16.0 feet to a point for a corner; THENCE north 10 20' 29" west a distance of 64.0 feet to a point for a corner; THENCE south 880 39' 31" west 16.0 feet south of and parallel with the north boundary line of said Lot 1, Clock 9, a distance of 138.0 feet to a point for a corner; THENCE south 10 20' 29" east 16.0 feet east of and parallel with the west boundary line of said Lot 1, Block 9 a distance of 239.0 feet to a point for a corner; )'HENCE north 880 39' 31" east a distance of 64.0 feet to a point for a corner; THENCE south i0 20' 29" east a distance of 16.0 feet to a point for a corner; THENCE south 880 39' 31" west a distance of 64.0 feet to a point for a corner; THENCE south 10 20' 29" east 16.0 feet east of and parallel with the west boundary line of said Lot 1, Block 9 a distance of 222.01 feet to a point for a corner in the south boundary line of said Lot 1, Block 9, same being the north right of way line of Windsor Drive and being a curve to the right whose center bears north 80 55' 33" west a distance of 911.57 feet; THENCE westerly along said curve to the right whose chord bears south 810 34' 51" west and wh se radius equals 911.57 feet a distance of 16.12 feet to the place of beginning and conaining 25,790.52 square feet of land, more or less. TRACT TWO: COMMENCING at the southwest corner of said Lot 1, o$T cfc-said point lying in the north right of way line of Windsor Drive; THENCE easterly along a curve to the left whose chord bears north 780 58' 38" east and whose radius equ,ils 911.57 feet, a distance of 98.98 feet to a point; i VOL •i.t YtCE 211~ .J V0L 11 CE 111, THENCE north 750 52' east along the south boundary line of said Lot 1, Block 9 same being the north right of way line of Windsor Drive a distance of 149.25 feet to the place of beginning; THENCE north 10 20' 29" west a distance of 60,0 feet to a point for a corner; THENCE north 880 39' 31" east a distance of 16.0 feet to a point for a corner; THENCE south 10 20' 29" east a distance of 56.38 feet to a point for a corner in the south boundary line of said Lot 1, Block 9 same being the north right of way line of Windsor Drive; THENCE south 750 52' west along the south boundary line of said Lot 1, Block ° same being the north right of way line of Windsor Drive a ,listance of 16.41 feet to the place of beginning and containing 931.14 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas, in consideration of the benefits above set out, w I I I remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of installing, repairing, and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the • grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid the premises above described. WITLESS his hand, this the A day of October, A. 0. 1979. JACK BELL CONSTRUCTION COMPANY BYJ' THE STATE OF TEXAS ) COUNTY OF DENTON } BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Jack Bell of Jack Bell Construction Company known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the I(U,,day of October, 1979. TA~[' ~ LIB CICA ll~~~ •1111 •1III;p DENTON COUNTY, TEXAS 11' fr~ M Commission expires 31- b I~ wt ;t _W 1 + ~ VOl r.7 1 .r A ~ t, 1 n r~ Y. A 1 r L7 IOA a s o l x' i a~r I~p. rK. ~ ' db'1~1~ •~-t..f'' .y . ~ ~y~n ~A ~ C Dab • I • r r • r • • r • • • • 1 • r THE STATE OF TEXAS ) AIRPORT AGREEMENT COUNTY OF DENTON ) This contract is negotiated with and between the City of Denton and Aerosmith Denton Corporation with the understanding that there will be a mutual cooperation of both parties for the use and development of the airport for community betterment. This Agreement, made and entered into at Denton, Texas, this the I}'r day of C~-ietite , A. D. 1979, by and between the City of Denton, Texas, a Municipal Corporation, of the County of Denton, 'o State of Texas, hereinafter for convenience sometimes styled "City", and Aerosmith Denton Corporation, a Texas Corporation, hereinafter for convenience sometimes styled "Aerosmith", with reference to the Denton Municipal Airport, hereinafter for convenience sometimes styled "Airport"; WITNESSETH: The parties hereto for and in consideration of the rents, commissions, covenants and agreements contained herein mutually agree as follows: 1. PREMISES City does hereby demise and let unto Aerosmith, and Aerosmith does hereby hire and take from the City, certoin premises and facilities, rights, licenses, and privileges on and in connection with the property and improvements of City specified as said Airport, as more particularly hereinafter set forth: A. USE OF AIRPORT: The use, in common with others authorized so to do, of said airport and all appurtenances, facilities, improvements, equipment and services which have been or may hereafter be provided thereat, such use without limiting the generality hereof, to include the following rights, licenses, and privileges: The operation of a transportation system by aircraft, the repairing, maintaiuing, conditioning, servicing, parking or storage of aircraft or other equipment; the training of personnel and the testing of aircraft and other equipment; the sale. disposal or exchange of aircraft, engines, accessories, and related equipment; the servicing by Aerosmith or others of aircraft and other equipment, including the right to install and maintain on said airport adequate storage facilities, and appurtenances, including right of way necessary therefor; the landing, taking off, parking, loading, and unloading of aircraft and other equipment; the right to load and unload persons, property and mail at said airport, by such means as Aerosmith may desire, with the right to desi;;iate the carriers who shall transport Aerosmith's passengers and their baggage to and from the airport, and, also, the further right to designate the carriers who shall transport Aerosmith's airborne freight, if any, to and from the said airport; the right to install and operate advertising signs, the general type and design of such signs to be reasonable and appropriate; the right, but nut the duty or obligation, to install, maintain and operate radio, communications, meteorological and aerial navigations, and such other similar equipment and facilities in, on or about the premises herein leased, as may be necessary or convenient for Aerosmith's operations; the conduct of any other business or operations reasonably necessary to the proper, necessary and appropriate conduct and operation by Aerosmith of its business. B. SPACE IN ADMINISTRATION BUILDING: Subject to City's right of recapture as hereinafter provided, City affords to Aerosmith the sole use of sufficient space in the Administration Building now located on said airport, but in no event to exceed fifty (50X) percent of the whole area thereof, for such use as Aerosmith may desire to make thereof, compatible with the nature and intent of these presents; the use, in common with others, of all public space in the Administration Building. PAGE 2 C. PARYING SPACE: The use by Aerosmith, its employees, customers, suppliers and other licensees, or invitees, without charge, of an adequate designated vehicular parking space located as near as possible to the Administration Building. 0. LEASED GROUND SPACE: The sole use of that certain ground space, together with all improvements now located thereon and which may hereafter be added thereto, lying and being situated on said airport, for such uses as Aerosmith may desire to make thereof, compatible with the purposes and intent hereof, the same being more particularly set forth and described as follows: BEGINNING at a point in the north property line of 3 tract of land out of the Thomas Toby Survey, Abstract No. 1285 and Wm. Neill Survey, Abstract No. 970, Denton County, Texas, said tract being in the name of P. F. Breen and described in Volume 127, Page 183 of the Deed Records of Denton County, Texas. Said point being the northwest corner of said tract and also being in the south line of F.H. Road 1515; THENCE west with the south line of F.M. Road 1515 a distance of 350 feet to a point for a corner; THENCE north a distance of 1000 feet to a point for a corner; THENCE west a distance of 830 feet to a point for a corner; THENCE south a distance of 1600 feet to a point for a corner; THENCE east a distance of 1164 feet, more or less, to a point for a corner, said point being the most westerly southwest corner of the said Breen Tract; THENCE northerly with the west line of said Breen Tract a distance of 600 feet to the place of beginning. E. RIGHT OF ACCESS, INGRESS AND EGRESS: The full and unrestricted access and ingress to and egress from the premises for all purposes contemplated by this agreement. F, AEROSMITH AGREES: (1) To indemnify the City against such loses in connection with Aerosmith's operations hereunder as can be funded from Aerosmith's purchase of a standard IIabiIIty insurance policy in an amount not less than ;100,000 for each PAGE 3 person; $300,000 for each occurrence, and $100,000 for property damage; (2) To comply with all current and future laws and ordinances and all regulations of federal, state, county or city airport authorities and/or agencies, and pay all taxes, and the cost of licenses and permits necessary for its operations, hereunder; (3) To keep adequate records of income and expense and make such records reasonably available, upon request, to the Director of Finance, City of Denton, Texas; (4) To conduct its business and manag-_ient in a courteous and efficient manner; (5) To provide service on a non-discriminatory basis; (6) To provide tie-down service to overnight or other transient aircraft or aircraft remaining at the airpo.t for twenty-four (24) hours or less; (7) To maintain normal and customary airport services , during daylight hours, and man the unicom apparatus whenever reasonably necessary. (8) To provide Janitorial service to the Airport to Administration Building; (9) To be responsible for mowing and disposition of weeds, grass and other vegetation as well as the cleaning and maintenance within those areas herein leased by City to Aerosmith unless the same be herein specifically designated as the responsibility of City. (10) To operate a flight school and have at least one suitable airplane for training and rental purposes; (11) To operate and maintain a new aircraft dealership or subdealership or distributorship on this airport; (12) To operate and maintain an a/c and a/c engine repair shop, including employment of an A a P license aircraft mechanic; (13) To make available either by tank truck, stationary pump or other suitable dispensing equipment approved by the Fire Marshal of the City of Denton, those grades and octanes of PAGE 4 gasoline and other petroleum distillates normally found at similar airports; and all storage tanks for gasoline and other aviation fuels shall be placed underground in accordance with the provisions of the Fire Code of the City of Denton for underground flammable liquid storage tanks. (14) To provide vending machines on premises for the dispensing of refreshments, and to retain the revenue from such devices. G. CITY AGREES: (1) To provide and equip an Administration Building and provide an office therein for Aerosmith in said Administration Building, and provide unicom equipment; (2) To provide sole use of those certain hangars shown as BUILDINGS number 1, 2, 2A, 3, 5 and b on Exhibit I attached hereto and being on the property herein leased to Aerosmith. (3) To maintain all concrete and asphalt runways, taxiways and auto and airplane parking areas on the entire airport, including the premises herein leased or made available to Aerosmith by virtue hereof; (4) Pay for all utilities for the equipment described in Item 5 below and all utilities to the Administration Building and water for maintaining the area around the Administration Building; (5) To maintain all runway, taxi, and area lights, and beacons as we 11 as to provide all security lighting on the airport if the City deems the latter necessary; (6) To provide adequate insurance for the Administration Building and all leased hangars, and to replace or repair each in all cases of any loss compensated by insurance, within a reasonable time. II. TERM. The primary term of this Agreement shall be for a period of thirty (30) years, commencing on the date of execution hereof PAGE 5 and ending on the day immediately preceeding the date hereof in the some month of the year 2009, unless sooner terminated as herein provided though City specifically agrees that should Aerosmith, during said thirr:y (301 v^z-. primary tcrm, complete construction of new fe. producing aircraft related facilities of a minimum value of Three Hundred Thousand ($300,000) Dollars (in 1979 dollars), City shall grant to Aerosmith the right to extend the term of this lease for an additional ten (10' year period from the date of expiration of said primary term, provided Aerosmith shall in writing notify the Cite Manager of the City of Denton, at the office of the City Manager, of its intent to exercise its right of extension and provided further that such notice shall be received by the office of the City Manager not less than sixty (60) days prior to the expiration of the primary term as prc.ided herein. III. RENTALS AND FEES Aerosmith agrees to pay City, at the Municipal Building of Denton, Texas, a base cash rental of Eight Thousano Four Hundred (:8,400.00) Dollars per year, parable in monthly installments of Seven Hundred ($700.00) Dollars each, for each year this lease is in effect, subject, however, to readjustment of such basic cash rent, either upwards or downwards, at the end of each five year period from the date hereof, on the basis of the proportion that the then current Consumers Price Index, Dallas/Fort Worth, Texas Standard Metropolitan Statistical Area, compiled by the U. S. Department of Labor, Bureau of Labor Statistics bears to the June, 1979 index which was 217.5 (1967•l0A); to which possible readjustment at the end of five year period both City and Aerosmith now agree. In addition to the above base rental as provided, Aerosmith agrees to pay monthly the following: A, Ten (10%) percent of all hangar rental of facilities in place as of date hereof with the further agreement that PAGE 6 ry V rentals on facilities hereafter constructed by Aerosmith shall be negotiated at time of plan approval of such facilities by City; and B. Three (3¢) cents per gallon on all aviation fuel sold by Aerosmith other than that PUTChdseo dnd used by Aerosmith and/or its parent corporation Aerosmith Corporation or ten (10%) percent of Aerosmith's gross profit from the sale of aviation fuel (excluding purchases and use by Aerosmith and/or Aerosmith Corporation) whichever amount shall be the greatest. The parties hereto agree that gross profit shall be the difference between the cost of fuel, including taxes thereon, and its selling price. C. A sum equal to one-twelfth (1/12) of the annual cost to City of the insurance carried on the fifteen thousand (15,000) square foot main hangar and the ten (10) T-hangers presently owne,► by City on the property herein. IV. MAINTENANCE AND REPAIRS Aerosmith shall be responsible for the cleaning, maintenance and minor repairs of all buildings, structures and premises owned by City which are on the property being herein leased to Aerosmith including, unless the same be recaptured, the Administrc.tion Building, City shall be responsible for all major repairs and the parties do now agree that mayor repairs are defined as repairs required on buildings, structures, and fixtures having an expected life of one year or longer. City shall not bo responsible for cleaning, maintenance, mayor or minor repair,; on property owned by Aerosmith. Property owned by Aerosmith is shown on Exhibit No. 1, attached hereto, as buildings No. 2 and 3. V. ADDITIONAL CONSTRUCTION A. Aerosmith may at its own cost and expense, as the need PAGE 7 Grp therefor shall arise, erect or install at a location to be determined by both parties hereto, at said airport, any hangar or hangars, buildings or structures, including storage tanks, or other equipment, above or underground provided Aerosmith shall first submit general plans, cost estimates, and the proposed use of such facilities to City for approval prior to implementation. It being the intent of the City to grant to Aerosmith the right to engage in any aviation/airport-related business on the leased property which it deems proper and which are in keeping with the terms and conditions in this Agreement contained. B. City leases said premises to Aerosmith for the purpose of being a general aviation operator and Aerosmith will not sub-lease any portion of the premises without the approval of City nor will Aerosmith erect, install, or construct on said premises or sub-lease any portion of said premises for erection, installation or construrtlon of any industrial, commercial or retail building, or any motel, hotel, restaurant, private club or bar without the approval of City and under the terms and conditions, incluing financial consideration to City, agreed to between the parties. City shatI not compete with Aerosmith regarding lease of property for industrial, commercial or retail purposes to potential lessees solicited by Aerosmith. Aerosmith will notify City in writing of Third Parties with which it is negotiating, C. If at any time during the existence of this lease, City constructs additional facilities for use of Aerosmith, the parties will negotiate additional terms and conditions for said facilities. VI. RULES AND REGULATIONS Aerosmith covenants and agrees to observe and obey all reasonable rules and regul W ons which may from time to time during the term thereof be promulgated awd enacted by City or PAGE 8 G~ Other competent authority, provided the same are consistent with safety and does not conflict w~;th the rules of any Federal agency having jurisdiction thereover, and are not inconsistent with the procedures prescribed or approved Frain tine to tone by the Federal Aviation Agency or Civil Aeronautics 8oard for operations of Aerosmith's aircraft at Bair; airport. City covenants and agrees to formulate, adopt and enforce local rules and regulations at said airport which will provide, among other things, that scheduled transport planes, whenever conditions of safety will permit, will be given the right of way over other aircraft and which regulations shall control the general public and traffic so as not to interfere with the operations of Aerosmith. YI1. City shall have no control whatsoever over the rates, fares, fees, or any charges whatsoever that Aerosmith may prescribe for any of its services by air or land, to, from, through, or at said airport. VIII. hEw CONSTRUCTION All property now situated upon the leased premises heretofore constructed by Aerosmith and all prof,arty hereafter constructed upon the premises by Aerosmith shall remain the property of Aerosmith subject to the following conditions: A. No property shall be removed from the premises without the written consent of City. B. All property and improvements of whatever nature remaining upon the leased premises upon the expiration of this lease, including the extension thereof if the sane be exercised, shall automatically thereupon become the property of C+,ty free of any and all encumbrances. C. Should this lease agreement be cancelled under the terms hereto for any reason other than Aerosmith's default in the peyment of the Rentals and Fees as are provided PAGE 9 U~~ herein, then and in that event City shall have the first right and Aerosmith Corporation, the parent corporation of Aerosmith herein, shall have the second right to purchase a I I buildings and structures constructed by Aerosmith at its expense. The parties do now agree that the price at which either party shall have the right to purchase said buildings and structures shall be the fair value thereof at time of the exercise of such right as determined by an independent appraisal by a person or firm mutually agreed upon by the parties hereto unless, prior to the commencement of construction City and Aerosmith shall have agreed to a schedule of depreciation on such structures and buildings whieRi would permit an evaluation thereof at any point during the life of this agreement. Both City and Aerosmith do further agree that if City does not exercise its right of repurchase as provided herein and Aerosmith corporation exercises Its secondary right to repurchase that unless within thirty (30) days from the exercise of such right Aerosmith Corporation ano City shall agree to a new contract whereby Aerosmith Corporation leases the property herein leased to Aerosmith or, at Aerosmith Corporation's option, it should elect to continue operations under the terms and conditions of this agreement with Aerosmith for the unexpired term thereof, Aerosmith Corporation shall within ninety (90) days thereafter, and upon the payment of said purchase price to City, remove said structures and buildings from the leased premises leaving said leased premises 'clean' In the sense that all debris and rubble incident to said removal shall be carried off and that all major damage, if any, incident to said removal shall be repaired. 1X. UBROGATIQN OF MORTGAGEE Any person, corporation or Institution that lends money to PAGE 10 Aerosmith for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Aerosmith's obligations to said mor-tg:gee, hiv,- the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Aerosmith, or until the loan is paid in full. Or, in the alternative, said mortgagee shall have the right to remove such buildings or structures from the premises provided, however, that such mortgagee shall first notify City in writing of such intent to remove and provide City, the first right, and Aerosmith Corporation, the parent corporation of Aerosmith herein, the second right, within sixty (60) days of such notice to intent, to purchase such buildings and structures sought to be removed. Should Aerosmith Corporation acquire the property or properties in this paragraph referred to through its right to purchase under the circumstaoces herein provided, Aerosmith Corporation shall then comply with the :terms and provisions in Y1II. C. hereinabove as the same are applicable to its purchase of properties on the leased premises. z. RIGHT OF EASEMENT City shall have the right to establish easements, at no cost to Aerosmith, upon the leases ground space for the purpose of providing utility serv,,ces to, from or across the airport property. However, any such easements shall not interfere with Aeroselth's use of the `leased ground space' and City shall restore the property to its original condition upon the installation of any utility services on, in, ove- or under any such easement. XI. CA_NCELL001ON BY CITY b, iSe event that Aerosmith shall file a voluntary petition PACE 11 in bankruptcy or proceedings in bankruptcy shall be instituted against it #and Aerosmith thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take juris- diction of Aerosmith and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Aerosmith shall be divested of its estate herein by other operation of law, or Aerosmith shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the City may give Aerosmith written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days afte; the receipt of such notice by Aerosmith, the City may, after the lapse of said thirty (30) day period and prior to the correction or curing of such condition or default, terminate this lease by a thirty (30) days written notice. City and Aerosmith agree, however, that should Aerosmith's default be for any reason other than Aerosmith's default in the payment of the Rentals and Fees as are provided herein, City shall have, upon default by Aerosmith, the first right, and Aerosmith Corporation shall have the second right to purchase any or all of the properties theretofore constructed by Aerosmith provieeO It, Aerosmith Corporation, does so under the terms and conditions as provided In Ylll. C. hereinabove as the same are applicable to its purchase of properties on the leased premises. XII. CANCELLATION BY AEROSNITN Aerosmith 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: Issuance by any court of competent Jurisdiction of a permanent injunction In any way preventing or restraininr, the use of said airport or any part thereof for airport purposes; any action of the Civil PAGE 4 12 i/d Aeronautics Board and/or Federal Aviation Agency refusing to permit Aerosmith to operate into, from or through said airport such aircraft as Aerosmith may reasonably desire to operate thereun; the breach by City of any of tlit covenants or agreements contained and the failure of City to remedy such breach for a period of thirty (30) days after receipt of a written notice of the existence of such breach; the inability of Aerosmith to use said premises and facilities continnirg 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 ofeAeresmith or due to war, earthquake or other casualty; 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. XIII. COVENANT NOT TO GRANT MORE FAVORABLE TERMS City covenants and agrees not to enter into any lease, contract, or agreement with any other person, firm or corporation with respect to the airport containing more favorable terms than this agreement or to grant to any other person, firm or corporation rights, privileges or concessions with respect to said airport which are not accorded to Aerosmith hereunder unless the same rights, privileges and concessions are concurrently and automatically made available to Aerosmith. O v. RECAPTURE OF ADMINISTRATION BUILDING City, upon giving Aerosmith ninety (90) days notice, may at any time during this Agreement recapture the Administration Building and, if it chooses, the area immediately surrounding the Administration Building as shown on Exhibit 02" attached hereto and do so under the folle,41 ng conditions: PAGE 13 a G~ A. Should City elect to recapture only the Administration Building it shall relinquish its right to subsequently recapture the area shown on Exhibit "2" immediately surrounding said building. B. Should the City elect to recapture the Administration Building as well as the area immediately surrounding it as shown on Exhibit 2 attached hereto, City shall provide Aerosmith, prior to the effective date of recapture, eighty thousand (80,000) square feet of asphalt ramp on its leased property; the new ramp to be In an approximate configuration of 200 x 400 feet, and upon the completion of said ramp and commencing with the effective date of recapture Aerosmith will thereafter pay to City ten (10X) percent of all monthly parking and/or tie-down fees which • it receives on its total ramp area. In this latter connection, both parties understand and agree that those planes owned by Aerosmith and/or Aerosmith Corp. do not pay parking or tie-down fees. C. Upon recapture by the City under A or B above Aerosmith's ground lease shall terminate on that portion of the leased premises recaptured and nothing shall preclude or interfere with City's Ingress and egress to and from such reclaimed property. 0. In that area recaptured by City it will not enp:ge in, nor will it permit any Third Party to engage in, the following activities: i. Avionic Sales and Services 2. Selling of Pilot Supplies 3. Operation of a Flight School 4. Aircraft Storage 5. Aircraft Maintenance 6. Aircraft Sales 7. Aircraft Rental 8. Aircraft Charter PAGE 14 O s 9. Fuel Sales ' Nor will City permit overnight or monthly tie-down ~:.ould the adjacent area to the Administration Building be recaptured. XV. ASSIGNMENT OF LEASE Aerosmith shall not at any time assign this lease or any part thereof without the consent in writing of City, provided that the foregoing shall not prevent the assignment at any time of this lease to any corporation with which Aerosmith may merge or consolidate or which may succeed to the business or assets of Aerosmith or a substantial part thereof; such consent shall not be unreasonably withheld. XV1. QUIET ENJOYMENT City agrees that, on payment of the rent and performance of the covenants and agreements on the part of Aerosmith to be performed hereunder, Aerosmith shall peaceably hold and enjoy this contract, the leased premises and all the rights and privileges of said airport, its appurtenances and facilities, within the limits herein Scanted. XVII. NOTICES Notices to the City provided for herein shall be sufficient if sent by registered mail, postage prepaid, addressed to the City Secretary of the City of Denton, Texas; and notices to Aerosmith, if sent by registered mail, postage prepaid, addressed to Aerosmith Denton Corporation, Denton Municipal Airport, Denton, Texas 76201, or to such other respective addresses as either of the parties may designate in writing from time to time and forward to the other. PAGE 15 ~I V s~ XVI11. w REDELIVERY AT EXPIRATION OF LEASE Aerosmith will quit possession of all premises respectively leased herein at the ?nd of the term sopcified herein with respect th^reto, or any renewal or extension thereof, and deliver up such premises to City in as good condition as existed when possession was taken, fair wear and tear, acts of God and the elements, as well as any other casualty not occasioned by the fault of Aerosmith, and casualty covered by City's insurance, alone excepted. XIX. COMPLIANCE WITH GOVERNMENTAL REGULATIONS City warrants and represents unto Aerosmith, and the same is declared of the essence hereof, that said City, in the establishment, construction and operation of the said Denton Punicipal Airport, has heretofooe and at this time is complying with all existing rules and regulations, and criteria distributed by the Federal Aviation Agency, Civil Aeronautics Board, or any other governmental authority relating to and including, but not limited to noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or take-off, to the end that Aerosmith will not be legally liable for any action of trespass or similar cause of action 4 by virtue of any aerial operations over adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport City further warrants and represents that at all times during the term hereof, or any renewal or extension of the same, that it will continue to comply with the foregoing. XX. Nothing in this contract shall be construed as negating renegotiation of the contract at the pleasure of both parties hereto. PACE 16 XXI. CONFLICT OF INTEREST City recognizes that this contract, as were the prior contracts which this instrument supercedes, was negotiated while Aerosmith employees were serving as airport manager, without remuneration from City and were not at any time employees of the City. City therefore agrees that it does not now, nor will it hereafter, claim that there exist any confict of interest in the ;egotiation leading up to and consummated by the execution of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written, in multiple copies of like tenor and effect, each of which shall be deemed an originpl copy. CITY OF ENT XAS BY: 44114 NASTIf MAYOR ATT Z~f~ 0-- SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: HT R. 5OLUMONS, 5 C r"- ATTORNEY, CITY OF DENTON, TEXAS AEROSMITH DENTON CORPO TION By r ISO Z ES E. SMIT14-1 PRESIDENT ATTE : 5LURETARY Approved and Agreed as the same is applicable to Aerosmith Corporation. AEROSMI CORPORATION BY: ~ NFRLSIDENt A TE 1'' r~ PAGE 17 d~.~~sr FIELD NOTES FOR RECOVERABLE AREA BEGINNING at a point in the west boundary line of a tract of land leased by Aerosmith Corporation of Denton, said point of beginning being 694.0 feet north of the southwest corner of said Aerosmi h Tract; THENCE east a distance of 450.0 feet ':o a point for a corner; THENCE north a distance of 212.0 feet to a point for a corner; THENCE west a distance of 150.0 feet to a point for a corner; THENCE south a distance of 50.0 feet tc a point for a corner; THENCE west a distance of 300.0 feet to a point for a corner in the west boundary line of said Aerosmith Tract; THENCE south along the west boundary line of said Aerosmith Tract a distance of 162.0 feet to th place of beginning and containing 80,400 square feet of land, more or less. li PACE 18 1 ! 1 • I , • V. AIM l .>1 i r r , r li m z ° 1 ~3' Y r yr ~ f i ppr ML r 1. p•~ S Ir n• c 11 rf .a 4n r 'LAI LF41FE TITLE INSURANCE Company of Dallas Owner Policy of Title Insurance GF# 21223 USLIFE TITLE INSURANCE Company of Dallas. DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the hereir named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its succes,ors by Dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land det,cribed or referred to in this policy, The Company shall not be liable in a greater amount than t',a actual monetary loss of the Insured, and in no event shall the ':ompany W liable for more than the amount shown in Schedule A hereof, end shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the ht;e to the estate or interest in the land as hereby guaranteed. bull the Company shall not be required to defend against any claims based upon rnalters in any manner excepted under this policy by the exceptions in Schedule H hereo! or excluded by Paragraph 2. "Exclusions frorn Coverage of this Policy," of the Conditions and Sbpulat+ons hereof Tha party or 9artif-9 entilled to such defense shall within a reasonable Irmo after the commencement of such action or proceeding , and in ample time for defense thrrein, give the Company wntfen notice of the pendency of the action or proceeding, and authority to drlcnd The Company shall riot be liable until such adverse interest, claim, or right shall have tx•en held eared by a corut of last resort to which either litigant may apply, and if such adverse mteresl, clann or right so established shall be for less than the whole of the estate or interest to The bind, then the liability of the Company shall be only such part of the whole liability I,mdcd atrovc as shall tear the sarne ratio 10 the whole liability thbl the adverse rntri est, clam, or right eslab❑shrd may tear to the whole estate or interest in the land. such ratio to be based on respcctroe vaa,es drtrrmuwble as of the date of this policy. In the absence of notice as aforesaid. the Comt~any is relieved }ruin all liability with respect to any such inter- est, claim or right, provided however, that farrure to notify shall not prejudice the rights cif the Insured if such Inswed shall not be a party to such action or proceeding, nor be served with process therein, nor ha,e any knowlrrlile thei,ml, nor to any case, unless the Company shall bo actually prepid,(ed by such failure Upon sale of the es:ale or interest in the land. this pol cy automatically thereupon shall become a warrantor's policy and the Irrsufed. the heirs. devisrns, executors and administrators of the Insured, or of a Corporation. ils successors by dissolution, merger or consolidation, shall for a period of twenty five yearit from dale hereof remain fully protected according to the terms hereof, by reason of tie payment of arty loss he, they or it may sustain on sccount of any s~arY« C0%, warranty of title contained to the Iransfer or conveyance executed by the Insured conveying ~r~• ~w the estate or interest in the land The Company shall be hable under said warranty only by } SHAL i o reason of defects, liens or encumbrances existing prior to or at the date hereof and not r - excluded either by the exceptions or by the CondrlKms and Stipulations hereof, such liability not ;o exceed he amount of this policy f° + IN WITNESF HEREOF. the USWE TITLE INSURANCE Company of Dallas has caused this Wicy to be executed In its Prtrsrdent under I" will uT the COrOtWny, toil the policy is to be valid only when n bearx an autltorifed co un6rsKtrwture as of the date set lonh in Schedule A. Mt A+Ia Ctir/,r.e.r Orr D alIUI (rrrrn.r V~r hNH S. rr Yl W rurur. FormorlyDALLAS TITLE ANO GUARANTY COMPANY • ~ r Conditions and Stipulations 1. Definition;. The following terms when used in this policy mean: (a) "land" The land described, specifically o, by reference, in Schedule A, and improvements affixed thereto which b1 law constitute real property. (b) "public records": Those records which impart construralve ,notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed io the Insured by reason of any public records (d) "date": The effective date, including hour if specified, 2. Exclusions from th Coverage of this Policy This policy does not insure against loss or damage by reason of the following (a) The refusal of any person to purchase, lease or tend mosey on the land (b) Governmental rights of polka power or ernir,rnt dom,vn unle,s notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the conscrlver.ces of any law. ord,n.urce or governmental regulation including but not limited to, building and zoning ordinances. (e) Any titles or rights asserted by anyone including brit not hmd,d to. persons, corporations, governments or ether entities to tidelands, or lands comprising !hr. shores or brvls of navigable or pereumel rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from tho lint., of mean love bile to the tin, of b,gut.itinn, or to lands tx~yond the line of the harbor or bulkhead lines as established or changed by any govrrnnwnr or tie f,lled ue Lind< or arlihcl,vl islands, or to riparian rights or the rights or interests of the Stale of Texas or Ili, pubic gunrrotly ur the- ao•a r•.l,nd,ni ,l from the line of mean low tide to the line of vegelafion, or their right of access thereto. or nght of eim-rn,i,t alncy and a,,rnss the saint. e (d) Deiects, liens, encumbrances, adverse c' :ims against the blle as inmevc! or other n+alters { 11 created, suffered, assumed or agreed to by the Insured at the date of this policy, or 12) known to ter Insured at the date of this !,y unless disclosure thereof in writing by the Insured shall have been made to the Cownany prior to the drle of this policy, or loss or damage which would not have been sustained if the Insured were a purchaser for value vilhout knowledge, or the homestead or community property or Wrvivorship rights, if any, of any spouse of ,u,y Insured 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or pruceedwjj. the Insured shall secure to the Company the right to so provide defense in such action or proceeding and all appeals therein, And permit it to use. at its option, the name of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlementr secu.ng evidence, obtaining wrtness,s, or defending such action or proceeding, (b) The Company shall have the right to select counsel of its own choice whenever it is requir d to defend any action or pro- ceeding, and such counsel shall have fuli control of said defense (c) Any action taken by the Company for the defense of the insured or to establish the title as insured, or both, shall not be corn stiued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. 4. Payment of Loss (a) No claim shall arise or be maintainable under this poi for liability voluntarily assumed by the Insured in residing any claim or Suit without written Consent of the Comi (b) All payments under this policy, except payments mada for costs, attorney lees and expenses, shall reduce the amount of the insurance pro tento; and the amount of this policy shalll be reduced by any amount the Company may I under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the insured under this policy. (c) The Company shall have the option to pay or settle or compromise for or in th -t name the Insured any claim insured against by this policy, and such payment or tender of payment, together with all costs, Alicia as end expenses which the Company Is obligated hereunder to pay, shall terminate all liability of the Company hereunder as 1.: such claim. IF urther, the payment or tender of payment of the full amount of this policy by the Company shall terminate all I alml ty oI the Canpany under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrojaUon shall vest in the Company unaffected by any act of the Insured, and it stall be subrogated to and W entitled to all rights and remedies of the Insured against any persun or p operty In respect to such claim, The Insured, if requested by the. Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to .)erfect slr:h right of suarogafion, and shall permit the Company to use the name of the Insured 'n any transaction or litigation involving su:h rights or remedies. 6. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or mey bring, against the Company, arising out of the status of the title Insured hereunder, must be based on this provisions of this policy, end ell notices required to ton given the Company, and any Vate- ment in writing required to be furnished the Company, shalt be addressed to USLIFE TIRE INSUPANC£ Company of Dallas. 1301 Main Street, Dallas, Dallas County, Texas 15202, 6. This policy is not transferable, l , M C_0`2~~r'LInnD DD DSc cC~ so o n EA (A 0 X- N, N O V 61 Cr d tD 0~ Q (t7 O d o ' n y n rS d< N ? O N tO v O 7 7 co vi (D ' n N r. f n ; Si O 9 c O ~ ~vy3 C, 10 Ln y~~0~ 7y3 sc~ N j k d d N C (n 2 n w< & r ~ f1 ~61 j. C ~ v n n y 1 m o , c m~Ra 7 ~ C 1 ~ n m o «<<<<3 a ~ a <R C acv Door ~~~!'?j ~ z93~clas'3~3~~ cl 5. z v ~ c~ 4 n 0 3 D t SCHEDULE A Amount: $110000.00 Gwner Policy No.: U 1 912680 GF or File No.; 21223-21 OA Date of Pedicy: October 15, 1979 Name of Insured: City of Denton 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc, - identify or describe) 2. The land referred to in this policy is described as follows: All that certain lot, tract or parcel of land lying and being situated in :he City and County of Denton, State of Texas and being a pytion of Got 2 of the Adkisson Addition, recorded in Volume 7, Page 22, Plat Records of said Denton County, Texas, and being more particularly described as follows: ' SEGIMING at a steel pin at the southeast corner of said Ent 2, and on the west line of Woodrow Land, also being the northeast corner of Ent 3 of said Adkisson Addition; THENCE North 62 deg. 38' 160 West with the south line of said Lot 2,740.86 feet to a steel pin at the southwest corner of said lot 2; THENCE South 89 deg. 18' east 662.08 feet to a steel pin on the west line of said Woodrow Lane; THENCE South 0 deg. 42' west with west line of said Woodrow Lar1e and with the east line of said Got 2, 332,45 feet to the place of beginning and containing approximately 2.526 acres of land, more or less. ua i ot:trrok r usun toile In,unne. C3mp.n, 0104113. 11XI Man 91, Oau,, i..n rrtaf .u.+If 11•'~"r.r r,.1.>n3.1 ur o r SCHEDULE B Owner Policy No.: 1912680 21223-21 OA • This polrr y is subject to the Cond Lions and Stipulations hereof, the terms and conditions of the leases or easements in- sorod, it ,r lv, shown in Schedule A, and to the following matters which are addition d exceptions from the coverage of this pu'ItY: 1. Restrictive covenants affeclirg the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im- provements. i, rr'es for the year 19 79ard suhwyuent se, r.. 4 The following Iron(.) Ind all reran, prusranns md lundibun~ nt the I4i+hurnenti0 treating or evidencing said lien(s): 5. Easement dater March 9, 1955, executed by J. C. Beeler to City of Denton, shown of record in Volume 409, Page 356, Dr.,d Records of Denton County, Tex-is. 6. Easement dated September 20, 1944, executn4 by John Clay 3eeler to City of Denton, shown of record in Volume 310, Page 126, Deed Records of Denton County, Texas, 7. Easement dated January 15, 1911, executed by J. C. Beeler to Texas Power r,yd Light Catpanyl shown of record in Volume 289, Page 2610 Decd Records of Denton County, Texas. 8. Easement date9 January 18, 1952, executed by J. Clay Beeler to Texas P.rwaer Wrn Light Calpanyr shown of record in Vol" 372, Page 498, Deed Rc-co*ds of Denton County, Texas. 9. Transfer of easements from Texas Power and Light Coipany dated October 7, 1966, of record in Volume 543, Page 186, Deed Records of Denton County, Texas.. 10. Any portion of the property herein described which falls within the boundaries of any road or roadway. R. Visible aril apparent easements on or across the property. #I..ITI I I4...1 • IOM I.p Mz14A71'ahNPTD~--VVFtTi'N?ftff~lfd (Id'i~b}i[RRF?CM"WWddif.'Fnli= ~--YvM!-ilttlww►dlr THE STATE OF TEXAS,) VOL 980 PAGE 886 } COUN'T'Y OF I: NTON KNOW ALL MEN BY THESE PRESENTS. DEED RECORDS 32141 That RICHARD F. HAR4I Individually and as Independent Exeoutor and Trustee Lander the Will of Albert W.Adkisson, deceased, of the Cuunty of ?arrant State of Texas , for and In consideration of the sum of---------------------------------------------------------------- --------Elever. Thousand and no/ ($11,00.00)----- --------DOLLARS, to him in hand paid by the City of Denton, Texas I~ have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas loft"'ct cVy or parcel of ldr~Sat`' ing and being situated iWatl eatLRfttay an County of Denton, State of Texas and being a portion of Lot 2 ~r th Adkisson Addition, Recorded in Volume 7, Page 229 Plat Records of sai Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at the southeast corner of sa,;d Lot 2, and on th west line of Woodrow lane, also being the northeast corner of Lot 3 of sal Adkisson Addition; THENCE north 62 degrees 38 minutes 16 seconds west with the south line o said Lot 2,740.86 feet to i steel pin at the southwest corner of said Lot 2 THENCE south 89 degrees 18 minutes east 662.08 feet to a steel pin on th west line, of said Woodrow Lane; THENCE south 0 degrees 42 minutes west with west line of said Woodrow Lan and with the east line of said Lot 2,332.45 feet to the place of beginnin and containing approximately 2.526 acres of land, more or less TO HAVE AND TO 1101,0 the above described pre,.ilses, together with all and aingular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas its successors tafix and assigns forever; and I do hereby bind myssl f heirs, executors and administrators, to. Warrant and Forever Defend all and singular the said Fremises unto the said City of Denton, Texas, its successors Abdsat and assigns, against every person whomsoever lawfully claimlu;, or to claim the name or any part 4 thereof. Witness my hand at Ft.Worth, Texas this 5th d.y of AHAA;'~Rllrm) b , I, A. D.19 79 Witnesses at Request of Grantor: 'w F, E- I , n r dua2jy end s?4 lern ~Qgat Exep l;qf and Trustee u1 er X~l of Alber • if.A-dkl.eson, decease THE STAT c OF TEXAS ACKNOWLEDGMENT , TAftIIAKP. BEFORE ME, the undersigned authority, COUNT OF. ;gr.W d 9ounly. Texas, on this day personally appeared RiChard F, flare *'nown to me to be.th} *erson whose name i S subscribed to the foregoing instrument, and acknowledged to me that ~~7`e in tnt~d same for the purposes and consideration therein expressed., and in the 08paoit ies ',,GIVEN Ut4l) MY HAND AND SEAL OF OFFICE, This 8 th. day of fQotOber, A,D. 19 79. Nnlaiy I'ublie, Tarront" ..County, Texas My Commission Expires.- MUS.k_ 31.x.196.0 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day Personally appear; d known to me to I>e the person whose name subscribed to the foregoing Instrument, and acknowledged to me that he. executed the same for the purposes and considerati m therein expressed. GIVEN UNDER MY HAND AND SEAT. OF OFFICE, 1 his dsy of A.D. 19 (L.S.) N~~taiy F'ubllr, County, Texas _ My ;owmisaion Expires CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, ! BEFORE ME, the t rdersigned authoriy, COUNTY OF F in and for said Couuly, Texas, on this day personally appeared known to me to be the person and officer whose name Is s6N., i ed to the foregoing instrument and acknowledged to me that the sam(, was the act of the gold a rorporation, and that he executed the same as the act of such corpora%:rn !x the purposes and consideration therein expressed, and In the capacity therein stated. GIVEN UNDER MY HAND AND SFAI. OF OFFICE, This day of A.D. 19._ _ (LS.) Notary T'ubTle, -.County, Texas My Commission Expires _ „ . CLERK'S CERTIF'IC'ATE THE STATE OF TEXAS, I 1 Comity COUNTY OF r Cierh of the County Court of ld ,;ounty, do heresy certify that the foregoing Instrument of writing dated on the poll 144Ur)* `'1610 `~0113 A1Nnt . , A. D. 10 with Its Certificate of AuthentfesCon, we.s ft led for rY rdit},lllrsollee th9 G r~ ' ,e f A. D. 19 at o'clock M., and duly E A. D. 19 , at o'clock M., In the ~,ot dye~_ yls O 111~~~iC! t(tT, Records of sold County, In Volume. , on pages WITNEVItf §INYID SEAL OF THE. COUNTY COURT of said County, at 011ce In I.- -1 10 , the day and year last sbrsr written, •gul F4 u09flQ p"i~urt; sstpt'itla'n? p,e uT 9 sprow to r p,wsu 041 in r grit s,n,t n sVl , ~l IP tta+ pus tm 14 vwo'4 oa7IDgt swq put 1 County Clerk County, Texas. •U Map peel t~,,l~~,y$141 lryt IlgHr 0411M1 ualuea 'y031T ASrinoo By Deputy. tool 'tluao7 SYUS in 11VII N0jill d0 uNnoo y ^ 9 h « Wp p c3 ~ \ OC x of .1 FILED ' s S ^1 i9 r Q lnr ' d 6f r 1e Lzut b VOL 980 WE 17 J rp _`...:rLART1N ^utlonerr eor.LA14t 1►:..x TYE STATE OF TEXAS, KNOW ALT, MEN BY THESE PRE, SSNTS: i COUNTY OF 1)EN1'ON That Till: CITY 01' IWNTON, A MUNICIPAL CORPORATTON ~1theCountyof Ucllton Am! State of T '•tx,ls ~ for and to consideration of f; I the tumof _ • ------'lull Pol lars And No/ 100 ($10.011 - DOLLARS, l to it Nband paid by 1:01som Fitt c,rpriscs, Ins, I' t of the County of P011 t on And Slate of '1'cxa s , the receipt of which; 4 Is hereby acknowkl deed, do, by lheie pmsent.-, BARGAIN, SELL, RELFASE, AND FORNVEF. f ; QUIT CLAIM unto tlleSatrl 1'oIsom 1!11 te1 11 rist+s, inc., its successors i~ k('q'r+ and 1I%.gll;n3, Ali i It s right litl! and interest in and to that certain tract or par- h eel of kind ;l ing in the County of Po I) oil and Slate of Texav described as follows, tc'-licit: f All that certcin lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Tcxo3, arnl beirr7 part of th-I R. Beaumont Survey, Abstract X31 No, 31, and being part of a tract or land conveyed by ;,,,.Ck Skileo to Crawford Building Corporation try Dced a, recorded in Volu,n:r 374, Page 191 of the Dcad Records of Denton County, Texas, and more particularly d~:ecrlbc•d an follows: f Bb:GI TNIt7G at a point in the south t1undary llr,e of caul tract, said point of beginning it 1_•ing in the north right of w•ay lire of State nigh-day 24 and being 236.0 feet cant of th± southw2st corner of said Fcactr JI; J t T and HENCE north, r340 14' went, passing at 107.0 feet the northeast cor;rer of a building `r ontinutng 'north 320 14' went a total dirtance of 111.0 feet to a point for a , corner I i InImCF, south 790 2G' weot 4.0 feet rrarth of rnd jorallel with the north will of said building, a distance of 57.0 fort to a pint for a corn.+rr MIL'NCE north 100 34' west a distance of 16.0 feet to a point for a corners I, ThENC6 north 790 20 cast 20.0 feet north of and p.iraltel with the north wall cf said a distance of 73.0 feet to a point for a corn,rr 9.11ENCE south 320 14' cast a distance of 127.0 feet to a point for a corner in the south boundary line of said Crawford Building Corix1ratlon tract, st id line also being the north r:,ht of way lin,_ of 54.1to Highway C41 MkZNCS south 110 01' vest along the south boundary llne of sale: boundary line at said Crawford b ilding Corporation tract, raze being the north right of way line of State Highway 24, a distance of 16,0 feut to cha place of beginning and containing 2,944.0 square E l?V' 1 E ~LL~in s !1 ANJ5 Y8 IYOTt ,b t1To eaid prereimce, together with all and singular the rights, privl. f ( leges and appurtenances thereto In any manner belonging ta:to the Paid i'olsom Enterprises, Inc., its stlcressors xhrjrA and asaii;na, forever, so that neither tho esid l ~ I City of Denton, Texas, its stircessors f' nor hojWR9( tiny parson or persons clnlminx under it Phall, at any time hem%fter, if I hat o, clalrn or demand any right or title to the afortsald p i remiaes or xp1at I, rtennn:es, or any part lhere• i, ` of. , t ) J %V1TNPM ay hand at Denton; 'fex:rs this cUtrzeday of Blc41b A. 1). 14 711 1 Witnesses at Rcgt.ast of Grantors C.T'C.aM-. p,', 1.IAS___..._._ 12 Y _ _ et~iT..t1Qt;T,: CLTY SC!'1;T'TAttY.. t, fl 1 ~ 1 • TFFF; SINGLE ACKNOWLI~;UG1t1.NT ;'r1'F' F; OF '1'F;tAS, 1 COUNTY OF / UEFO1(R DII•;, the under,h nrd Lulhority, In fund fur hold County, Tcxo,+, oa this flay p+'rdounlty appl•ark"I kauu a to me to Lo tits p, rhon tehosr riarnr xubFrrilled l0 the Anrgnfnu initnuncnt, and arknowlydged to mu that he ux".. doil Iho 411110 for 0111 purpow.4 :rod conAdcrat;on thcrrin expressed. GIVEN UNI+EK MY HAND AN]) SEA1, OF 0YV!Cl;,'1111s day of A.D. Io.., :bdnly I'uMk-, County, Texas Juno 1, 19 SINGLE ACKNOWLEDOMPN-r-- - TUE STATE, OF TEXAS, i f BFFOIiF: ME, the tmdarnigncd authority, COUNFV OF in nn l for said County, Tesas, „r this day p, r.unaliy appeared kn„un to wi, to I•r thr 1 • r,a1 a ho n lit ie suha-rib, l to lhr f,ovguing in,tnlmrat, and arkno%'10i'cd to me that ho ex.-co L I the sao:e far t1w IIul•,-"s nr ! r,.•„+d, urNI,n OW11 , rsprr.,n1. GIVEN UNIWN MY HAND A%O SE %I, of Ob FIt'1;,'I'hi+ my of A.D. Ir) NA.ity Vio,lle, Cnunly, Texas sly ..i,n Exph..% Juno 1, 19 C'ORi'OPY.140N ACANOWLI:11GME'Nl'- IfIIE, STATE 0F TEXAS, C(lUN'I'Y op IJI X I oN 4 IIEFORP IIF, the tmdrra!gned authority, in an,l for c.1bl Cointy. Trr:rr, un ILi1,!~ry pt r, n;dly appeared IliA L Nash, Mayor of _tI1G_'Uty.. of I)CII 1I'll TVX LS knutv,I t, n, to Le the prrson and ofllcer VI'vi: 0a11•e Js nu+,,rrlL,•,I to tLe I'll rf;.,irp i1,Al LAW ilt 14141 nCLI-f alodr;eLI to n'r th:+l ILL nano, wits the act of the laid ..City Council of the City of (f-..vtoa Y'cxn.,, '1 1'hltlicipal Corllor-11 AJfAr.kX'rk'R• nn,i U,at he sc'an't 111- .;,1,r•• na tl, r,I of VIA c„rt ,r,ti„n for thr purpo, es and con.ddrratlon otrein Cxpro.a..1:4, %,J in Ihr [r lucity Vwn in OW, I. MV h`I I) KUF;it b: l' FIA::U AND 511.1101' OF!'ll h„'i'hi1 r~~3 dny of (!ZA A. D. 18.72 Notary tic, 11I, n t 011 ....County, Texas CLERK'S la?HTIIACA'I'Y. - TAF: STATE' OF TIAASr 1 COUNTY 01-. Clerk Clerk of the County Court of saki County, do hereby entity that the f,reFning instrument of writing dated on the day of , A. h. 1.11, with its (krtirunte of Aulhenticalion, %am filed for record In my ol,ce on the day of A. U. VI at o'clock M., rind drily retarded tills day of A. 7t, 19 , at o'clock M., in the Rvotds nr an6.1 Cunnly, III Volume O on p.tgex WITNESS MY HAND AND SEAL Ob"I'HE COUNT I' COURT of ra'd tb•u ty, at ,Rice in . . _ , the 6y nru par I.-.t nlene mii, fen. crusty ('1014 County, Tctu~s. (L. Sj by lteputy. n A 1 r]v f~ or f x i ~~yl vI t C> ! a t A a 01 a r P4 V `I Ul I +I t, ,,t'I CR d ~ i I I, .7 ry 1, I .Ifs xI OATH O CrH CE I, ____Betty Kimble do solemnly swear (or affirm) that I will faithfully execute the duties of the Office of _member of the Communtty Development Advisory Committee of the City of Ccnton, Texas, and will to the best of my ability prestrve, protect and defend the Constitution and labs of the United States and of this State and the Charter and Ordinances of this City. RI J IECEI VED OCT 2 5 1979. Subscribed! or or to before me the unde i ned on this RFC day of ._1_/G $ A. D. 19 To certify w cFi` witness my -:n and sear of office. ~ Sf:CRET RY CITY Of OENTOII, TEXAS • i Xb ~v r B. E. (Bill) SWITZER CHESTE SPARKS Precinct P.r.;inct 1 DENTON COUNT CONIMISS;ONERS COURT C. R. (Happy) SALMON LLOYD D. ODLE Precinct 3 Precinct 2 JERRY JOHN CRAWFORD JUDGE SIXTH FLOOR • JOS7DHACARROLLCOURTS 8UIL01NG 401 WEST HICKORY • DENTON, TEXAS 76201 18 171387 1212 • 18 1 70 8 7 34 14 • METRO 4341552 MEMORANDTJM TO. CITY OF DENTON (EMILY FOWLER PUBLIC LIBRARY) FROM: DENTON COUNTY COMMISSIONERS' COIJRT DATE: October 4, 1979 1 SUBJECT:r LIBRARY CONTRIBUTIONS This letter is to inform you that Denton County has placed in the 1980 Budget tha amount of 5109,345.00**as a contribution to your library. The acceptance by you of this amount, to be paid on a quarterly basis, will require you to honor full use of your library to any resident of Denton County. Please indicate your acceptance of this amount for 1980, and also your agreement to honor full use of your library to any resident of Denton Ccunty, by signing in the space below and returning this Memorandum to Denton County Commissioners' Court as soon as possible. An extra copy cf this letter is included for your records. ACCEPTANCEt Accepted by a majority vote of the City Council of City of Denton. Texan on the -23rd day of Otto JF-er 1979, at a gR x me6tinq/f ATTESTI Mayo City oc etary **Refer to Resolution passed by the Commissioners' >urt on September 24, 11.79, a copy of which you have received. ~I ~ ~ ~ ~yt C C } OATH OF OFFICE I, Lovie Price do solemnly swear (or affirm) that I will faithfully execute the duties of ti office of member of the Community Development Advisory Committee of the City of Penton, 'texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed d sw r to before me the undo igned on this the v~ y day of , A.D. 19X? To certify witness an n sea of office. CITY OF PE IMI, TEXAS .91T' \ r i I A OATH OF OFFICE I, - tarry HnrbAxwS4II do solemnly swear (or afiirui) that I will faithfully execute the duties of the office of member of the Community Development Advisory Committee_ of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. G All Subscribed a d swo to before me the undersi ned on this the o ' day of A.D. 13V7. To certify `which witness my an and sea of office. C 2rfV - CITY OF DENTON, TEXAS ~JCa \~04 9c, is i~~ ~ ~ Ir: - OerfifIeitfe of Itsurnarr ATAVED CERTIFICATE ~l Date October 16, 1979 l TO City of Denton Job: -I f Address City secretary Denton, Texas This Is to certify that the policies r:eFigneled below are In force on the date borne by this Certificate. NAME OF INSURED ONE 1 AY SERVICE, INC. P. 0. Sox 14119 d Addresr Fort Worth, Texas 76117 "11 KIND DFINSVIAN(E POLICYNO. FV1RATIO!tDATE LIMITSOFLIABILITY 'Y WORKMEN'S CVM?LN5,%TIo'+ E f 02 140111836s 710-26-80 i STATL70RV 4'I IS100,000.00 E. L. COMPREHE.NM`i'E GENEKAL LIABILITY I, Bodily lnJo.y 02 WM6286S 10-26-80 s each person I ;oo,noo.on .Kh ~ccuneee. 1. Propnlr Damage 1 S0,000,00 tact. xcurrencel 1100,000.04 esaaaale •I AUTOMOBILE LIABILITY 1. Bodily Kurt' 11 5403662145 10-26-80 7820S00 0.00 each pen,n 0. no each occurrence 1. Property Dam ge 4.00 tech oecurrenn 1I 41 This certificate of Insurance neitH,, affirmatively or negatively uaends, extends or titers the coverage afforded ` by Policy numbers shown and issw',' by compayla listed below. In the event of an material change In or cancellation of said Policies the Com y panyke alloxn below wlU notify the party to w our G certificate is addressed of such change or cancellation. Cancellation Is not to become effective until dayF after the notice has been received by the addsrssee and the Innued. WSURANCLCOMPANVES ISSUING COVERAGE 1. United States Fire Insurance Co. 2. International Insurance Coatpany ar.~e..n•..~r uareo..vnw •w AUTNO ~Ir o11t11~At~T Z1_Y4_ AX in Mail SCE > `boo t ~ g~ R-° F !E-`IIFE TITLE INSURANCE company of Dallas a Owner Policy of Title Insurance GF= 21223 USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Tcxas Corporation, HEREAAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if s corporation, its successors by dissolution, merger or consol!dation, that a of the date hereof, the Insured has good and indefeasible title to the estate or interest in the lard described or referred to in this policy. The Company shall not be Fable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, excepP as hereinafter stated, at its own cost defend the Insured in eve. y action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverw to the title to the estate or interest in the land as hereby guaranteed, but the Company shall riot be required to defend against aiy claims based upon matters in any manner excepted undof this policy by the exceptions in Schedule 8 hereof or excluded by Paragraph 2, `Exclusion; from Coverage of this Policy," of the Conditions and Stipulations hereof The party or parties entilled to such defense shill within a reasonable time after the commencement of such action or proceeding, and in ample time for defense lhervin, give the Company written notice of the pemlency of the action or proceeding, and authority to defend the Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant mays; nly, and it such adverse interest, claim, or r ght so established shall be for less than the whole of the estate or interrst in the land, then the habdrly of the Company sh,111 be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved Irom all lability with respect to any such inter est. claim or right, piovlded. however, that fw1ure to notify shall not prejuuice We rights of the Insured if such Insured shall not be a party to such action or proceedir nor be served with process thmrcin, nor have any knowledge thereof, nor in any case unlri-4 the Company shall be actually prejudiced by such failure Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a period of twenty five years from date hereof remain fully protected according to the terms hereol, by reason of the payment of any loss he, they or it may sustain on account of any ~yJ0.ANt r•Co`p warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or inle,Ls( in IIe land The Company shall bx: liable under said warranty only by i reason of defects, ttens or encumbrances exisarg prior to or at the date hereof and not 1 S1F]AL o excluded either by the exceptions or by the Conditions and Stipulations hereol, such liability rrras.,:,^i not to exceed the amount of this policy a+ IN WITNESS HEREOF, the USLFE TITLE INSURANCE Company of Dallas has caused this policy to be executed by its Presdi urxler the, seal of tfte Company, but this policy is to be when it bears an authored Lountersej. alum as of the dale set lonh in Schedule A, valid yonly Afr111 TrNUL,r VKI /7 trOrN Sl brlvr r'/ rgr:LV"~_~~_" -_-T_~ Aulxnnnf ly` r SOY III r r'1N Formorly DALLAS TITLE AND GUARANTY COMPANY "ar Conditions and. Stipulations 1 Definitions The following term, when used in this policy mean: (a) 'land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real prof arty. (b) "public records": Those records which impart constructive notice of matters relating to the land. (c+ " knowled-te": Actual knowledge, not constructive knowldge, cr notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified. 2. Exclusions rr7m the Coverage of this Policy This policy does not insure against toss or darnage by reason of the following (a) The refusal of any person to purchase, lease or lend money on the land (b) Governmental rights of police power or eminent domain unless notice of ln3 exercise of such rights appears in the public rc ords at the dale hereol; and the consequences of any iow, ordnance or governmental regulation including, but not limited to, building and zoning ordinances, (c) Any titles or rights asserted by anyone including, bul not bmited to, persons. corportbons, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of nxvan low tide to the line of veyrllation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to fined in lands, or ni Id vial islands, or to riparian rights, or the rights or interests of the State of Texas or the public yenerally in the orva extending from the line of mean low tide to lho line of vegetation, or their right of access Ihore'o, or right of easement along and across the same fell Defects, liens, encumbrances. edverse claimo against the tale as insureJ or other matters I I I created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the dale:-! Gus poky; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge, or the homestead or community property or' survivorship rights, if any, of any spouse of any Insured 3, Defense of Actions (a) In all cases where this policy provides for the defense of any actior, or prcw,, ding, the Insured shall secure to the Company the right to so provide defense in such rction or proceedrrnd, and all appear therein, and permit it to we, at i;% option. the name Gf the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, recur ng evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right to select counsel of is own choice whenever it is equired tv defend any action or pro- x eedinp. and such counsel shall have full control of said defense (c) Any action tal.en by the Company for the defense of the insured or to est.abhsh the ride .s insured. o• both, shall not be con- strued as en admission of liability, and the Company shall not thereby be held to concede lability or wane any provision of this polis 1. 4. Pafinent of Loss (a) No claim shall arise or be maintainable under this policy for liability volcntanly assumed by the Insured in settling any claim co suit without writlen consent of the Company. (b) All payments under this policy, except payments made for costs. attorney fees and expenses, shall reduce the amount of the insurance pro tanlo; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to her,;+n or any instrument hereafter executed by the Insured which is a chaste or lien on the land, and the amount so pt id shall be dee,rntd a Payment to the Insured under this polKy. (c) The Company shall have the option to pay or settle or compromise for or in the name of file Insured any claim :nsured against by this policy, and such payment or tender of pa;ement, together with all costs, attorney fees and expenses whichlhe Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder a3 to such claim, Further, the payment or tender of payment of the full amount of this policy by the Companif shall terminate all liability of the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be enbCed to all rights and remedies of the Inaut td against any person or property In respect to such clam, The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to prrnect such ri;hl of subrogatioaz, and shall permit the Company to use the name of the Insured in any transaction or litigation invr.fring such rights a- remedies. 6. Policy Entire Contract Any action anions or rights of action that the Insured may have, or may bring, egamsl 7.e Company, arising out of the status of the title irisured hereunder, must be based on the provisions of this policy, and all notices required fu be given the Company, a sd any stale. merit in Mriting ;squired to be furnished the Company, she'! be addressed to USLiFE TITLE INSURANCE Company of Dallas, 1301 Main Serest, Dallas, Dallas County, Texas 75242. 6. This policy is not transferable. ► i m d fA' -.0 0 W CD C - d o m i d 'r^ p S'•~ VI N .0 O =w ~ N Q'ry (9 ~Qro] F~j w o m i gn a 3cK C,DaWi o0o m w0 ~R"Z , Qv c 1+ n co D. C a ^ R v p °a ~ VI 47 I~w n 7 V' Y S 0 m O °A ^ C cn 7 nn Zam p » i n ~ i i a ~ 't m e w p v o o vo - p~ c~ ,j o e ~Cc 4 m 1 D 1 1 O 1 ~ C y~ SCHEDULE A GF No. or Fife No. CF21223-21 Ccmmitmcnl No' C 32813 Effective Date of Commilment--At2gus;.t-_29th- , 197c, _ILOD_o'clock_Am. T. Policies or Policy to be issued: (a) Form T-1: Ossner Policy of Title Insurance A noi.nt: $11 ,000 Q0 Proposed Insured' City of Dcnton (b) Form T-2:,\+urlga8re PRih.\ or T,tle'niuianic lrnount Proposed Insured: fc) Form T-11' Pof,o fit role In,,j,(, U,,\ \n'i tint Proposed InsWEA 2. The estate nr inteirst in the la,,il de',i r bed l>, n.6 d"d („surd heron Iee simpfe, leasehold, easement, etc. - iden(ft' or desodw) Fee s i:npl e 3. Record Title theralo at Ite etfeo \e dal: hereof appras to be .r.4•d m Richard F. tare, Individually and as Irxkpendent Executor atxt Trustee under Will of Albert W. Adkisson, deciu,scd. 4. The land referred to in the rorrmman+cnt is desv,bod as follows All that ecrtain lot, tract or parcel of lcuxl lying and being situated in the City and Coi iv of Denton, State of Texas aril being a portion of Lot 2 of the Adkisson Ardditlt-:T, recorded in Volume 7, Page 22, Plat Records of acid Denton County, Texas, and being note porticularly dfscritxxl es follows: BEGINNING at a tlcel pin ~.t thi' E.outhi:ar:t corrKr of said lot 2, and on the west line of ivocdrow• Lard, also being the notheas", corner of Lot 3 of raid Adkisson Additloni 4 1142 CE Wrth 6i' deg. 381 16' post with the south line of said Loot 20740.86 feet to a st"I pin at they riouttiw at corrxL of Raid lot 2i 1HENCE SoJtn 69 d.-g. 181 east 662.0d feirL to steel pin on the west line of said VkW[ow U,nci RREKE South 0 deg. 421 weat with wrst line of caid VOW ow Larv, and with the east line of said Lot 2, 312.45 feet to the place of beginning and containing 1 approximately 2.526 acres of land, more or less. i - / f I tr E A I aTl0 taa tt.t s+ , .gltN a tI FN• > SCIIEI)UE 1 _ .._4 .t.._ "a"l r ~ SCHEDULE B Commitment No, '-x313 Schedule B of the policy or pobcles to be issued V ,ill also contain the following exclusions and exceptions. The policy will be subject to the Conditions and Stipulations thereof, the terms and conditions of the instrument creating the estate lmvred, if any, shown in Schedule A, and to the following matters which will be additional exceptions from the coverage of the policy: 1. Restrictive covenants affecting the land described or referred to above, but in anv mortgagee policy of title insurance, the Company will guarantee that any such restrictive covenants have not been ululated >o as to affect and that a future violation thereof will not affect the validity or priority of the inswcd mortgage. "E OF RECORD 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Taxes for the )car 19 91nd sulrcequcnt scan not yCt ii JtKI Lyle 0. Usury or claims of usury , INIortgague PoFcy onls) 5. Any right of rcuisiron conramcd in An" (UNSUSIIR (RIUIF PIKOIN IION ,n FRU ISI IN IFNDING lass, (Stsntgagce Policy only) 6. The Iollo,slng hcnlsl and all tcnm, p!uu%oi s and rond.Dnns of the msi ne st rnvFng or cs idcnung said licnlsl: fl'gSER'r HIRE All OTIIER SPf I(" IN((PI10%% AS 1i) SUI4R1( )R Of NC, IA Nil 1, IS, OUTSTANDING MINERAL. AND ROYALTY INTERESTS, FTC! a. Easement dated Meech 1955, ex(Culcil by J. C. tkir-kr to,City of Denton, shown of record in Voluri 409, F qo 156, I)t-ui kc"rds of De]ton County, Texas. b. Easement dated Feptcrtbcr 20, 1944, rx(cut(d try Jain Clay Pcelpr to City of Denton, shown of record in Volurx- 310, Pt9c 12,"# Decd Pecorde of Denton County, Texas. c. Casement dated Janur+ry l5, 1941, ex(~cut(d by J. C. ExKler to Texas Power and Light Company, shii of record in 4blulste s'b9, Page 261, Decd Records of Denton Comity, Texas. a. Easement dates] January 18, 1951, executes) by J. Clay ETCeler to Texas Fvwer and Light Company, Ftroln of rccotd in Volume 372, P.ge 498, Dccl Records of Denton County, Texar•. e. Transfer of Easeae•ntr tcom Tc.x(is FvAr oiid Light CoFtPiny dated October 7, 19660 of record in Voltatr 543, P:agc 166, bfd P(Cords of D(,nton County, Texas., f, Any portion of the property herein dc-ccriboA wtlich f.nlls within the bourdaries of any coal C- roadway. g. Visible and apparent ~as(mcnts on or rctoss th(• propetty. . IIIII)WA a - )'asi I roam is sc Isox,F:elsarm • a SCHEDULE C :ommitment li 32813 Schedule B of the policy to be issued still also contain exceptions with respell to the following matters supposed to alfeet title to the hercinabose described property unless the following matters are disposed of to the satisfactimn nt 1- Cumpiny at or prior to the date of the issuance of the polity; 1. Instrumert(s) creating the estate or interest to hr insured must ba approved by the Compmy, oxecutad and filed for record. 2. Satisfactory evidence that no person occupying dm property or any pmition thereof oss,is or tiaims any interest therein, either personally or by right of another,asdverse to th• present rr,c nd owner as shown in Schedule 4. 3. Payment of the full consideration to, or fur the account of, the grantors or mortgagors. 4. Payment of all taxes, charges and assessments levied or assessed against the subjeu estate or interest, which are currently due and payable. 5. Satisfactory evidence that all improvements and/or repairs and/or altcra+iuns thereto are completed and that all contractors, subcontractors, laborers and materialrmen have been paid in full. 6. Any defect, lien, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be Insured which may be filed cr which may arise subsequent to t.ie effective date hero(. 7. If a mortgagee policy of title instuancr is to he issued, satisfactory evidencv shat reslriebUnS and resaiuivv tovenants, if any, have r.t be°n violated so as to affect and that a future violation thereof w ll not aflett the w!pd.ry or prioniy of the insured mortgage. B. Taxco for the year 1979 and subsequent years not yet eue and payable. t x a SCIIEIIUIE C - Page .I roaaa tta0 1 /Om.. f t SOUTHWEST FOOTBALL OFFICIALS ASSOCIATION F THE STATE OF TEXAS ) CONTRACT COUNTY Or PENTO.N ) This Agreement made this the 2nd day of October , 19Z21 between Southwest Football Officials Association, hereinafter referred to as the "Association", and the City of Denton, Texas, hereinafter called the "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: I. City agrees to pay to the Asscciation $1~360.no and certain fees and charges hereinafter described, for the City's fiscal year 1979. Association shall submit an annual budget to the City for approval which shall set forth on an Item by item basis the fees and charges hereinafter described, and the above $1~ 13o_00 the City w I I I make one payment to the association on the 15th day of September, 1979 in the amount projected in the annual budget, Amendments to the budget transferring money from one item to another item can be approved if submitted to the City on or before the 30th day of October, 1979. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from September 1 through December 1. 11. Association agrees to provide the following services: 1. It shall provide qualified football officials for all City league youth football ga!ies and special games that art sponsored by the Part's and Recreation Department. 21 It shall provide supervision and training of all officials for the .ity youth league games. I III. Th1 scheduling of games for the Football League shall be as follows: 1, City shall schedule and approve all league games. 2. Scheduling of special games and play-off games shall be coordinated by the Association and the City. IV. Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidental commingling of funds. 2. It will establish, operate and maintain an accounting system for this program that bill allow for a tracing of funds and a review of the financial %tatus of the program. 3. It will permlt authorized officials for the City of Denton to review its books at any time. 4. It will reduce to writing M. of its rules, regulations, and policies and file a copy with th%! Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revislons whenever adopted. a 5. It will not enter In'.„ any contracts that would encumber the City funds for a pW od that would extend beyond the term of this agreement. 6. It will prepar(: and submit a report of expenditures and revenues to the Director of Parks and Recreation or his representative by the 1st day of December, 1979. 7. It will refu+id the ''jalance of its account to the City of Denton on or before December 15, 1979. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a b I I I which should be promptly reported to the Director of Parks and Recreation or his Authorized representative for further direction. 4 PAGE 2 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested, 10. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hole harmless the City and the Association from any claims, injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. V. The general terms and conditions are as folltows: 1. If any of the terms and conditions are not complied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. 2. This Lantract shall be subject to all vat id rules, regulations aid laws applicable thereto as promulryated by the united States of America, State of Texas, or any other governmental body or agency having lawful jurisdiction. 3. Assoc'ation is authorized and should give any notices required herein to the Director of Parks and Recreation or that persons authorized representative. 4. Any contributions or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. 5, Association shall provide its services and be paid by .a the City in the caoacity of an independent contractor and not as an agent or department of the City. It shaII have complete control, supervision, and responsibility for its activities under: this contract including the hiring, supervision and control of its employees. PAGE 3 ■rr~~r 1N WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this ra,~tract to be duly eAeeuted in two counterparts, each of which will constitute an original, as of the 2 day CITY OF DENTON, TEXAS 440ATTfSTLIRE ARI CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BURT R. SOLUMUM59 ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS OENTOR SOUTHWESTERN FOOTBALL OFF,CIALS ASSOCIATION RONNIE ROGER , ATTEST: LARRrY/FR RRO SFCRET THEY' s PAGE P0UR r 1 } A F s C' .r , It pit . THE STATE OF TEXAS, 931 ~ACi 90 , COUNTY OF DENTON I KNOW ALL MEN BY THESE PRESENTS. IL- RFrPR(V:? THAT Harry R. Bers_-ud and wife Gladys J. Bergerud n!hell 4,4 t } of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) - - - - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration ,n hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these pzeseiM grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described pruperty, owned by them . Situated in Denton County, Texas, in the J. McGowan Survey, Abstract No. 797 All that certain lot, tract or parcel of land lying and being situr.ted in the J. McGowan survey, Abstract no. 797, anu being part of lot no. 24, block B, of the Timber Oaks Estates, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Jason Home-, Inc. to Harry R. Bergerud and wife Gladys .1. Bergerud by deed dated Sept. 17, 1979 and recorded in Volume 975, Page 491 of the faed Records of Denton County, Texas, and more particularly described as fe?lows: I Being the west 5.0 feet of said tract and being 117,00 feet in length and containing 5&5.00 square feet of land ore or less. And it Is further agreed that the said City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurposeof constructing, installing, repairing and perpetually main- taining electrical utilities in, along, upon and across said premAes, with the right and privilege at all times of the grantee herein, his o^ its agents, employees, workmen and representatives havint, ess, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the aid electrical utilities, or any part thereof. TO HAVE AND TO HOLD unto the said C i t y o f Dent on , Te x n s as aforesaid for the purposes aforesaid the premises above described, Itness o hands , this the ?/_,Pe day of 151C x o,~ , A. D. 19 79, - .s V OF V V i SINGLE ACKNOWLEDGMENT THE STATE OF TE"IS COUNTY OF Denton r BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared lla..Try,, R,, (;C rge.rud ri-Ild Wi fC- Gl i(~yS J. Ber erud 1<i m tomo to,bc thA,ereOn S whose name S RYCsubacribcd to thn foregoing instrument, and acknowledged to me kthat the}` otecu%(dXthe same for the purposes anC eonslderntion therein expressnd. DIVA:\' U )J:R 511' }iAXJ A'.D SEAM, UN U: F'1^E, Thi~ A.D. } 79 • _ (1,.s may, a-~- s J Notary Public, . t •t t)CJt 1 County, Texas My Commission F:xplres Ju t 1, 0 rF , U} SINGLE ACKNOIVI,EDGl11ENT THE STATE OF TEXAS, 8 COUNTY OF ( EF'ORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name subar0 i,l to tic f,,regoir,K instrument, and arknowlclged to me that ...he executed the same for the purposes and considviadwi therein expressed. GIVEN UNDER DIY HAND AND SEAL OF OFFICr, Th!s day of , A.ir. 19 t L.f,1 N,dary Puitle, _ (,..anty, Texas _ err C„nimissbro Fxrtns June 1, 19 Col(11011ATION ACKN0WTV1116.51UNT - THE STATE OF TEXAS, } COUNTY OF ItA:FI iii; !F:, tl:c u~d.•rx!, nrd autl,oiity, In and for said County, Trxns. on th4~ dn) )vr., rally appeared 1 x. t n!,• to ILA l,•rs. n and erircr whoso name is sutscriiMJ to U,r f r :r. •,l a,' I n-l, '!k 1, i t„ tow C . nr,• . J) e n't • f ti e arii t a corporation, and that he exrr,.t,A 1',n rnr.r ns fl a. t n! v rh rcr). rate n 0: a 11, : 3 aTonal 1.r•tinn t'a, reln expressed, and In the capacity thnrs!n slat-1, GIVEN UNDER MY IIAND AND SEAL OF OFFICK, Thks .far cf A. r%. 10 CC, ! 7 Notary 1'0,lir, County, Texas • s6 K9 Q Sry C. ,.n•!a!.,r Faplr.e P.re I, 19 a 'LEI{K'i CERTIFICATE THE• S ' AX, COUNTY: County Clerk of le Co~un.~ty^ ~CouAqu 'Ilia, ty, do hcrrty e•Itlfy th A the for^gning In•tlumont of writing dated on the d 1111 tj R9 A. D• 19 •';.b its eeltilrntr of Authrnlirutintt, wns filed for rrcor 71 y ice an thew p~ A. D. 19 at o'clock M., and duly recorded Is .1.. day o` } If A. D. 10 , al O TIP. k DL, in the y.-~._ . Recorda of 614 County, in Volume C)" pages WITNE's b1 s._ ND A'1111, 01THE COUNTY COLIIT of said County, at efbce In , the hay and year Iast abate written. County Clerk County, Taxaa. (Iw 9.1 BY Deputy. I ~ T ~ II h a N; i 44 F ILED a t! C1 F. I P7 3 i 9 Y- I fN 2 09 f x'~ I a o art 1 ~ 1% 01 LX 11 r ,Al~ i ~r 61. i__ fFU w , h 'cal 84 eml 1 - 17 W-116-- XA33CM12fr. wed. Wu*"" 0e.10"S ; . TIiEATATE OF TEXAS',' rot 93-4 Pgi 90 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: 'Iowm Kc~nRtw TXAT Harry R. Bergerud and wife Gladys J. Bergerud 34320 of Denton County, Texas , in consideration of the sum of One Dollar ($1.00) - - - - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration in hand paid by t he C i t y o f Denton, T e x a s receipt of which Is hereby acknowledged, do by these presevca grant, bargain, sell and convey unto to the City of Denton, Texas, th2!zee and uniaierrupted use, liberty and privilege of the passage In, along, upon and across the following descriW property, owned by them . Situated in Denton Coun'y, Texas, in the J. McGowan Survey, Abstract ::o. 797 All that certain lot, tract or parcel of land lying and being situated In the J. McGowan survey, Abstract no. 797, and being part of lot no. 24, block B, of the Timber Oaks Estates, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Jason Homes,, Inc. to Harry R. Bergerud and wife Gladys J. Bergerud by deed dated Sept. 17, 1979 and recorded in Volume 57S, Page 491 of the Deed Records of Denton County, Texas, and more particularly described as fullcus: Being the west 5.0 feet of said tract snd being 117.00 feet in length and containing 585,00 square feet of land more or less. ; ~I i r i. And it Is farther agreed that the said City of Denton, Te x a s in consideration of the benefits above set out, will remove from the property above d i eeeribed,such fences, buildings and other obstructions as may now be found upon said property. Fortheparpossof constructing, installing, repairing and perpetually main- twining electrical. utilities I ~ in, yon=, upon and j I i across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen *-A representatives leaving ingress, egress, and regress I& along upon and across ~ I said premises for the purpose of making additlons to, improvements on and repairs to the said I. electric:al~utilities, or any pitt thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforassiM the premises above described. ~Itness oux- hands , this the 1 day of A. D. 19 79. pLA-d V-4 1 6r L V SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.... DenLOIl - -j BEFORE ME, the undersigned authority, In and for said C, anty, Texas, on this day p. tonally appeared- -H-my R. BeT PrUd J. Be r~erud and wife Gladys V.---.__- known to me to be the person s_.whose name_S__ar9subscribed +o the foregoing instrument, and s;knowledged to me *-,that. .._the~... executed the same for the purnosea and consideration therein ex`prcrsel, GIVEN V!jDER MY HAND AND SEAL OF OFFICE, This _Aif , A.D. 19_19 'y Notary Public, _DOn County, Texan My Commluion Esyires Ju a 1, IR SINGLE ACKIMMEDGMENT THE STATE OF TEXAS,- t COUNTY OF-__ f BEFORE ME, the undersigned authority, to and for acid County, Texas, on this day personally appeared- known to me to be the person-.--whom nama.___.- subscribed to the foregoing instrument, and acknowledged to me that..-_he executed as tame for the parpouts and consideration therein erpremad, GIVEN UNDER MY HAND A JD SEAL OF OFFICE, This -.day of A.D. 19 .S.) IL Notary Public, County, Taxis rte fommissien Esplres June 1,_19 CORPORATION ACKNOWLLEGMENT THE STATE OF TEXAS, i COUNTY BEFORE blE, the undersigned authority, in and for mid County, Texas, on this day personally appeared.,. - known to me to he the person . whose name Is subscribed to the foregoing indrement and acknowledged to me that the same was thact ofnt a said a corporaation, end that he executed the same ~a tAe pct of such torporatbn for the purpises and consideralion therein expressed, and in the eapaelty therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of..- . , AD. 19 (L . A D ~r i 19' 1 Notary Public, County, Tau It Commisslon Expires June 1, 19.- THE S !1uny LEWS CEP.7IFICATE Flaw COUNTY._..... ...............-...._..................County tre Cleric of outol jq _ty, do hereby certify that the foregoing Instrument of writing dated on the y SL4. A. D. 19....... with Its Carti6eate of AutheLLIcs Ion, was pled for record In iy~q~lice~on tI is ~5?... .j , A. D. 191 , At- o'clock . . It, and duly recorded f. ....day o .t(.....R _._.....__............,.A, D.,O......... at........ o'clock......... _ X. In the , - ` e° - -Wdf.•_ 14. Reeordit of said County, la Volume on pages WTfNE Id D A AL 0 THE COUNTY COURT of told County, at office Li......... ----w -W tho day and year last above written, County Clerti - ..County, Taxes. (L S) By _ Deputy. a G PH' 2 08 N LA ~i LY EP8 "J py `'t ti A it Jl ~4 JWA 1 r F P CIO a l .b M~ ,OURI FACIFIC RAILROAD C01-TAN1 Sh. 1 DETAILED ESTMATE AND LIST OF MATERIAL EXHIBIT C PROJECTt nrrrsr~n ~~CJ~ l~n P pnnun7' a t Ye- G1/~iv DT /'~~JSS Rxy , c e /inn YY City Z?ea oil State Office of Sirnal Engineer Date -~-7 9 Rev: a- ID - 79 Rat e Item and Description Unit Stork No. TENP. PfRII. 91JAA Per Amount Ordered Vs Unit Connector Visebolt EA 0 ?.)02D25 7 2/ 42 /•/4 1 #1 Ta a Electric RL o JJ 735 / yo O Sleeve, Splicing 10 EA 0910.)235 O •30 d - Sleeve. Splicing P9 EA 0910) 05 0.46 Sleeve, Splicing EA 09103b25 P Cleves. Dead end x ins. EA _095OJ~75 d /.7.i .2 V Crossnrm, 10' x 3 x EA 09y.))I(' 35 P, 7, & 5 Bolt, Carriage 3 13 x 4 -k E4 0901115 2S /rYW Bolt. Thru 5 " x 12" EA _091135 a Bolt DBL Arm 5/0" x 1V EA U9-5-011 5 4 41 C 4119-- Bolt, Thru 5 ti" x 1 °A 09 1155 A -3 .Z' Bolt DBL Arm 5 x 1 FJ1 0 1175 1 7, D Brace, X-arm 2' EA 09 D12i5 I Z G Screva. Las 1/21 x 1 2 iE EA 531j2 55 ! 'f I IS- in. Xarm FA 05 I G Insulator. Low Voltare EA 5 ' 68 13 ~Y9 ' Insulator To Groove EA 2019 1 i G _:_~,'aaher, S unre EA 09501470 72 -firaund Rod _S ti x ' EA 0 D22 5 Ground Rod Clam 510- EA 0902270 Anchor. Guy uay EA 0900?_15 2 ' 9 ~f- 4(.20 Flo 2 5 Anchor. Rod Guy 5 x 7' EA 0 Strandvise Reliable EA 0 D25D1 3• Guy Hook MIF P135AX EA 09 ' 2515 Z. .S Washer, Curved EA 09&02525 ~ ' p,le. Ste 5 x 10 EA 094D 25 + O , ri Alum. LF G?9:"53 30,0 00 -I. 57-- Hire Alum. Tie L8 k~~D25 Hire Sale SD -079 Lb Ft• LB D Wire, tt 2 c U.G. LF 0 O ~ILI Wire, a U.G. AO .ltltiLT B s}Gn ise/% [ 2 0 0 3 hate Item and Description Unit Stork No. JCMP PERM. QVAM# Per Ax.ount Or red Ur ' n 16 1% Wire 9 Copper Line Ft 099:) D 5 Fire 9 2 c U.G. LT 0_9?_J_2_1_5~ 7 Wire 9 14c U.G. LF 0 9J43b5 _ We~E ire 9 7 c U.G. LF 099) 3 5 o Wire 10 Inc. Tie LFM 099 57 /.co ireP 10 Cc rweld .0334 LB 0?3 '~7t /p _ Wire. #I1 12 c Fir. LF 0:>9J5 15 Wire. 1 16 c F! r.. LF '.'-)9)5955 Eire 19 12 r. U.C. LF J?9)7225 _ or "f/y r.E O.G. F D9i'oS9 OD Pipe, 3" 21' 1enr.ths LF 3230)535 Pipe i' Black 21' len.ths LF 3230 5 I GO Compound, Signal Cement GA 350D2475 S. $D Telephone Drop Clamp EA 52015215 -YO Pole. Class 5 EA Spec. Pole-Xounted Jct, type line filter, 3.5 KRz Hash-pass-135 01= imp'eziance. 2,0 XHZ low-pass-600 Ohm i¢}c nnr• R.W. Neil Type 1210 E4 Spec. Pole Box Cast Alu=inum EA 37 fcV~SYS A y /cao t D/0 i050 I I - I 1 ~ I Misc. Mt. t~/..Zu MAL MTERIAL NOTEI Attaeb Invoice rhowins BED or P* 0. Number for all items purchased locally. **Left In Place. SA. 3 MATERIAL LABOR AND SURC)LkRGEB ' N.aterial Material Handlirv 5% 01 Engineering -1,Tira. OLLaPer Hr. /10 Labor /PS Hrs.. C~D 6z Per Hr. ao OOp, Vacation Allowance & Holiday Pay 10.75% Health & Welfare 5% R.R. Retirement & U.I. Tax 23.35 (Labor, Engineering & Y.A. & H.P.) Insurance $IO.SD per $100 (250,000 Each Employee Limit 500,000) E,upplemental Annuity .12 per Hr. on labor & Engrg. ~cf 'transportation Equipment Rental 'ruck w/Hydraulic Crane - (Lea&ed)-.r- Days @ lOR.`.=Per Day S/D• Grinder, Power _ Days R e-° Per Day Trencher (Leased) mays (s' tf/ .A Per Day Iiackhoe (Lease3) -Days 0148. Per Day Camp Cars Non-Occupied Days 8' Per Day Trencher Days CsIL ~9J Per Day Personal Expense Days s~ $ /S'D,o9'Per Day 7S7• Accounting Contingencies Total Cost SALVAGE ITEM UNIT ON: ALVA Ic AMOVNr -2JL P We d' 9 TOM, SALVAGE I5T]MAM BY INYMGRIM BY STATE PROTECT ENGINEER ORDMED BY DATE SIGNAL SUPERVISOR }Month ' FORM 24137 MISSOURI PACIFIC RAILROAD COMPANY TRACK MATERIALS LIST AND/ OR DETAILED ESTIMATE • Office of /IG~' Pr~SIO!Cr1-ono, Date[ lpr=•-o• c~ 19 Sheet No. / of Sheet[ Location and Description of Project: ~Sj/~Ti~, ! GCG,' 7 G ~/i i- 1/C < /a~• /~.y 15 r.•./S/r,~ .~,irl Tr>_G k. 57 /I ~1.7 ~~G'.: )!r +iy~!. /~G~~.l''J Gig V•t?,S, 1•i in ccnheGf~an Wifh r~GC/1Srrc«,`/r~ F-.~~J•- C•c;•.5, s'~r,l=s:L<~r<SccCf/,: RATE ITEM AND D[SCRiI•TION "IT QUANTITY ►RR UNIT AMOUNT Cru.S ex for,,' a/ as, -Troc o."Se GY lJn /0 0,d_ o./ o.s- i (.GrG (?~E /15uJ'1T.nGC "/G.~m - ./G'.~ X1,•7 /cL/15t)13r Q,/on-p/IQYI°rT n~Gr~' /."%t~S d'~ / 6 6 ~~/e OG TO L~cntOr 2~ /fir,.. _ ~ EOftr, m -,7 e;n D!; 25G ! Gont/.noOrG/PS-/oFC, ! OTlLL E•timaW by Y/. MODG Rise ;iw . • FRAY 70137 MISS( U PACIFIC RAILRO► iD COMPANY TR, MATERIALS LIST AND/ OR DETAILED ESTIMATE `S y -fo~19 ~ /~f#cl~t ~C `I ~_of ~_S}.cet>< OEiceof A r- Chief ri0r. Date Dec .7 Location and Description of Project: Nevv Uvidcr pass Br. No. 209.5 Denton Tcx as 0 ur51Ci ~r1ce5 ITiM AND DLSG RITTION UNIT ` OL'A/.'T[7/ _ PARAN1T AMOUNT SLOPE QF WORE + - ; _ _ Drive emr)orarv -~atsewor b ~d ~t on5t ---j - A ' o co ruct o o 111 ruv) tmtns - - MATERIAL-. =~~~1. nTrenTer{ tlmnFr plies Q a l4 , ~~nTr at -Amber ss _14'____--_~r7. __t5-. 8~•ll_ . 3 11+'1 T I^Pr rf ~ r~l t +tmbtr a yl im Pr r]~rlnae~~~_±S~Z~!_E~-J~.__1190J E 1.5 00 Ilv►ir abed tlrnbe~ l,'36'v S fJ* IPt' -Eo`__ °-----I 5 T2 ` 1 _llY\ trea~} ec4 0-11te. 4K4 x14' -0. 4 5. tn tY eA tIrtAbCr n,.dr s -x G, It., , ! - x YI _~4. _~n 1 ACS 1 + -a i•wr ,er 1rlrktJalle Q~ v 2E' 114 I Ihtrr- 4 t-A timber au~ + m,er~ 4Y;, IB' EQ, b_ 3 - ? 0 ll (M HardWare - hs 6. LQ_ 9Z40 1- HandAt 15.00 _ I oy~ I l _@Sz 1303 'TOTAL MATFRIA[._- i Plies i~oo 10.00 ?000 1 2Bp-` _2240_ ,~DL_i2~ 20 F1PmnVt rPwIpernrJ Brldeis- f= S9 5_0 O 20(:5_ P+1rLl2n.,:,. 3sucance. _70 _L1~g19__ 11.4 X00 D [S h l t l r~ n f) Lace 2Q3,-? _ I I i Estimated by N.w. TIW • FORM 11131 MISSOURI PACIFIC RAILROAD COMPANY TRACK MATERIALS LIST ANO/OR UETAILEI~F~SJ1~1iT 17 1 (}fficc o[ A55r. Qhiq Ena . na1t _Dqr- '1 _72 SheetNo. 2 of 2 Sl.rcu Lccatiou aid D-sc:iption of Pr jert: Br. No. 209.5 Denion , `Tex. -V%IT I ot'ANTITT I lArt AMOUNT ITW AND DeiW 1rTION I [[R UNIT I_.. - r=QUIPMEfJT RENZ I ncomQtlye Cron------------ iL t - JZq_.oo -a3-51- .10 nu# li cars _ 3~ _110,4Q __224 ?12 ton tru k _ 5. ~ SOO PIiP hnmrneY' DE20 Air Comprescor- 10-- 1 0 ! 01 r- S'rPdtt ror untreated rtmbe~ ,alYJged c_ _~ii9_([_ Q5-_ " L:Ot1S1t1Qf=t]LI~S_~__ - - 3{21' _ ! I I ! a Estimated by K... TWO FORM !1916.1/e1 MISSOURI PACIFIC RAILROAD COMPANY DETAILED ESTIWATE Office of Vice President-Eng. Date January 17 19 8OSheet No. 1 of 1 Sheets Location and Description of project. Estimated cost to City of Denton, Texas, for flagging. expens- in connection with reconr.tru-ttng B-id;e 209.5 cvrr no.e.Lson St., Denton, 'Tex. ITEM AND DESCRIPTION Unit Ouantitr Rate pet AMOUNT Unit LABOR: Flagging (estimeted)(5 mos.-800 hrs. @ $8.6476) L.S. $ 62000 Labor '.,rchargea - 55.18% % 6000 .5518 31311 Purchased Insurance - 10.5% % 6000 .105 630 Billing 150 Contingencies - 10% • 909 TOTAL ESTIMATED COST TO $11,000 CITY OF DENTON, TEXAS J ESTIMATED BY R. W. Hope LAkliCpl f C MISSOURI PACIFIC FAILRCAD CONFAM F'AGoix F QUILZSL'M This is to advise that Railroad's requirements for flagging and labor cost in connection with the project, which may be necessary with respect to work to to done by City's Contractor, are as follows: 1. The services of one (1) track foreman, or assistant track foreman, or other Railroad employee qualified to protect Railroad's operation in accordance with Railroad's rules, will be required during arty construction operations involving direct interference with the Pailrcad's tracks or traffic, the fouling of railm ad operating clearances or reasonable probability of accidental hazard to rail- road traffic. Services of additional Paflrcad personnel for flag- ging protection will be required whenever, in the opinion of the Railroad's Superintendent, or his authorized representative, such protection is needed. 2. The rate of pay per hour for each ran will be the prevailing h:urly rate in effect for an eight-hour may, f:r the c)-ss :f --en used during regularly assigned hours and overtime in accordance with labor Agreements and Schedules in effect at the time the work is performed. The current hourly rates of pay are: Track Foreman $8.6476, Assistant Track Foreman $8.1563, and Others $7.5398. In addition to the cost of such labor, the following charges will be included, computed on the A,-tusl payroll: (1) Vacations 6.50% to Direct Labor (2) Paid Holidays 3.50% to Direct Labor (3) Railroad Retirement 6 Unemployment 15.25% to Direct Labor Plus Insurance Taxes Vacations end Holidays (4) Supplemental Sickness 1.00% to Direct Labor Plus Vacations and Holidays (5) Health 6 Welfare 6 Group Life 5.75% to Direct Labor Insurance (6) S•ipervision 20.00% to Direct Labor (7) Supplemental Sickness 1.00% to Direct Labor One and one-half tires currcat Hourly rate is paid for overtime. Saturdays, and Sundays; two and one-half times current hourly rate for holidays. Sage rates are subject to change, at any time, by law or by agreement between the Railroad and its employees, and ray to retroactive as a result of negotiations or a ruling of an authorized Gove mmenta2 Agency. Additional charges on labor are also subject to change. If the wage rates or additional charges are changed; the Coatractor shall pay on the basis of the new rates and new charger. 3- it minimum of one hour travel time Per day per ran will be required for travel to and from project, plus rental of equipment for a minimum of one hour per cay used to transport such men. J r . •1 ' l::ctcvri 3s::fI- f.:i:r ad Cc,- I any F `r~ B T C s 1 ar 7vo x i 4. Arrangements for flagging are to be made at least seventy-two (72) hours in advance of commencing work on Railroad's property with Railroad's Supa:intende-:, Mr. R. o: K1ng, whose cffics Is located at Longview, 7 !xas. 5. Details regarding train schedules and operations, required or desired by City's Contractor, may be obtained from Railroad's Superintendent, Mr. R. B. King, 905 East Pacific, Longview, Texas 75601. His telephone number is 214-752-6914. 6, City is obligated to reimburse Railroad for flagging service; monthly bills will be submitted. 7. Reimbursement to Railroad will be required covering the full eight hour day during which any flaf=.en is furnished, unless he can-be assigned to other railroad v;,rk durinE a F.rtion of such day, in which event reimbursement vill not be required for the portion of the day during which he is enEaged in other vcrk. Re-iiibursement vili also be required for any dqv not actually w_fked, by said flat-_A-'j following his assiE.- ent to v~rk oL the project for which Fiailrcad is required tcc la;r f?ac_•rar, ani which ea.111 n: reasonably be avoided by the hailroad Comlany by assignment of such flafrsn to other work, even though the contractor may not be work- ing during sucb time. Office of Chief Engineer St. Louis, Missouri 63103 October 29, 1979 . kup.it>..s (7-66) U.S. Deportment of Housing and U,$on Development CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned, r _,7_ T yInr, jr- the duly authorized and acting legal representative of city of Den on Tex s do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the canner of execution thereof. and 1 am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duty authorized representatives: that said representatives have full power and out'1rity to execute eaiu agreements on bchalf of the respective parties named thereon: and that the foregoing agreements coostl• Lute valid and legally binding obligations upon the parties executing the some in accordance with terms, conditions and provisions thereof, Ci Taylor Jr. Cty Attorn y Date: y trtro.wa.n., v, c,