2008-229
sAour documents\ordinances\08\assignment of pad site us aviation group spartan dr.doc
ORDINANCE NO. ~ODB`
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM U S AVIATION GROUP LLC TO SYKES-VAUGHAN INVESTMENTS
LLC, LOCATED AT 4850 SPARTAN DRIVE AT THE DENTON MUNICIPAL AIRPORT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, U S Aviation Group LLC has requested that its Airport Lease Agreement
Commercial Operator at 4850 Spartan Drive dated February 19, 2002 be assigned to Sykes-
Vaughan Investments LLC; and
WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
and the amendment to extend the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the
Denton Municipal Airport from U S Aviation Group LLC to Sykes-Vaughan Investments LLC,
in substantially the form of the Assignment attached to and made a part of this Ordinance for all
purposes, to evidence the City's consent to the Assignment.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the - day of JW In , 2008.
MARK A. URR UGH , MAYOR
sAour documents\ordinances\08\assignment of pad site us aviation group spartan dr.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY: r
Page 2 of 2
LEASE ASSIGNMENT OF
COMAMRCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE: July 1, 2008
ASSIGNOR: U S Aviation Group LLC
ASSIGNEE: Sykes-Vaughan Investments LLC
LEASE: Date: February 19, 2002
Landlord: City of Denton, Texas
Tenant: U S Flight Academy, LLC
Premises: The property located at 4850 Spartan Drive, Denton, Texas 76207
and more fully described in the Attachment A and B which is made
a part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To:
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. Complete all obligations of purchase from Assignor prior to this
Assignment becoming effective.
Landlord consents to this assignment. Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of Landlord's consent to this Assignment that:
1. Assignor will remain liable on the Lease should Assignee default on
the Lease.
2. Assignor will pay or will have the Assignee pay the Landlord a $500
transfer fee.
3. Assignor will pay or will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment,
including without limitation, all Landlord's reasonable attorneys fees
and Landlord's staff time associated with this assignment.
PREVIOUS ASSIGNMENTS: Assignment from U S Flight Academy LLC to U S Aviation
Group LLC dated January 17, 2006.
For U S Aviation Group LLC, W A Roper Vaughan, Assignor
Manager
Page 1 of 3
For Sykes-Vaughan Investments LLC, W. A. Roper Vaughan, Assignee
Manager
City of Denton, Landlord
- _k4X0k
Name, Title gA1_9,7-11V
f 6j 1N(7 67-11 /)ZANff c ~2
Attest: q 114 lob
Name, Title ` By:
Approved as to Legal Form:
Name, Title
By:
STATE OF TEXAS
COUNTY OF DENTON
This instrum2'.0' as acknowledged before me on the o~ day of
20 /)S, by 1101 we-r- of US
Avi liability company.
SHARON K. HARRIS
Notary Public, state of Texas
My Commission Expires
October 30, 2011
~Yt~ JL L~
[SEAL] Notary Public, State of Texas
My Commission Expires /D 30 a6//
(or Notary Stamp)
Page 2 of 3
STATE OF TEXAS
COUNTY OF DENTON
,
This instrumen was acknowledged before perc';-t!:zj~ n the ~ day of -:S-" 41
20 0,? , by W jQ ~e"- %kS a H f1 , of
Sykes-Vaughan Investments LLC, a Texaslimited liability company.
d``ar'Pp"!" SHARON K. HARRIS
= Notary Public, State of Texas
My Commission Expires
October 30, 2011
[SEAL] Notary Public, State of Texas
My Commission Expires to o a6
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
" `f~ /
This instrument wa$ acknowledged before me on t o ~'1day of ~TQ ,
20_qk , by G a/ 717-a ,11V
~ on
behalf of the City of Denton, Texas, a municipal corporatio .
06V 1qdMVd447t)_
tary Public, State of Texas
JANE E. RICHARDSON My Commission Expires 7/0
►y~4,
9
3a•°,: Notary Public, State of Texas
a My Commission Expires (or Notary Stamp)
June 27, 2009
mm~o"
Page 3 of 3
"'H New DeVe10PM0ntl US Flight Academy - FBOIAGR US Flight Academy Assign 06.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT (~TA
DATE: January 17, 2006 j
ASSIGNOR: US Flight Academy, LLC j
ASSIGNEE: US Aviation Group, LLC '
LEASE: Date: February 19, 2002.
Landlord: City of Denton, Texas
Tenant: US Flight Academy, ';LLC.
Premises: The property locate~ 6 4850 Spartan Drive, Denton, Texas 76207
and more fully described in the Attachment A and B which is made
a part of this Assignment for all purposes.
i
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To: ; j
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. Complete all obligations ;of purchase from Assignor prior to this
Assignment becoming effective.
.j
Landlord consents to this assignment. Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of. Landlord's consent to this Assignment that:
1. Assignor will remain liable ion the Lease should Assignee default on the
Lease. '
2. Assignor will pay or will have the Assignee pay the Landlord a $500
transfer fee. '
3. Assignor will pay or will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment, including
without limitation, all Landlozd's reasonable attorneys fees and Landlord's
staff time associated with this assignment.
PREVIOUS ASSIGNMENTS: None j
For US Flight Academy, LLC., Todd Coffee, Managing Director, Assignor
L
Todd Co fee, Managin irector j
T'IA New DevelOpmentIUS Flight Academy - FBOIAGR US Flight Acade4 Assign 06.doc
For US Aviation Group, LLC, Assignee
I
1 !
~ I
II
Mike Sykes, ene Manager
.E
i City of Denton, Landlord
II
i
Howard Martin, Interim ity Manager
Attest:
Jennifer Walters, City Secretary
l
I)
(1
I.
By:
,I
i
li
Approved as to Legal Form:
Edwin M. Snyder, City Attorney `
9"44/
i~
STATE OF TEXAS
COUNTY OF DENTON
i'
This instrument was acknowledged befoe1 me on the day of ,;qua r y ,
20 D& , by Todd Coffee, Managing Director of !US Flight Academy, LLC., a State of Texas
corporation, on behalf of said corporation. i
1
[SEAL]~ DonnaAm~onExpires it Not Public
$i My fir, Notary , State of Texas
11R512009 ! I My Commission Expires f ;~3 D
''F OF (or Notary Stamp)
i
Page 2 of 3
T:IA New Developmental Flight Academy - FMAGR US Flight Academy Assign 06.doc
i'
STATE OF TEXAS
i
COUNTY OF DENTON
'I
This instrument was acknowledged before! me on the day of
20L(O_, by Mike Sykes, General Manager, US Aviation Group, LLC., State of exas
corporation on behalf of said corporation.
JOAN M. DAVI I iI 1
[SEAL] MY COMMISSION ocP RES taryPublic, State of Texas
4?~ a May 16.2006 ~ My Coinmission Expires `yj' 1(0 `0452
(or Notary Stamp)
i
i ,
STATE OF TEXAS
COUNTY OF DENTON
I
I
This instrument was acknowledged before me on the day of ,
20_, by Howard Martin, Interim City Mana er on behalf the City of enton, Tea a
municipal corporation.
i
JANE E. RICHARDSON
[SEAL] a, x Notary Public, state of Texas t Public, State of Texas
My Commission Expires i
tune 27, 2009 i I My Commission Expires
(or Notary Stamp)
i~
I
i
I
i
i
~ I
i ~
li
l
;I
~i
ii
Page 3 of 3
I.
FIX ATTACHMENT A
BRASS WON
CALC
S 88'53'12' E 268.86' IN
TER PT 799.88'
N/W COR LOT 1 0
BLOCKI SOtfl?IEJST I
AIRPORT ADDITION r°i,
VARIABLE WIDTFI TAXIWAY, DRAINAGE, AND UTILITY EASEMENT
~ N
z
LU
o
1/2' POB S 88'36'10' E 200.00' 1/2-
d IRF/C IRFj/C
O
j 6 O
~ n o
z W 0.78 ACRES
Q Q
W N
~ N
Q O
z 2 0
Q to
a
o
IRF_
N 8836'10' W 200.00' 1-/2` -
Q IRF C
- , - .:1 - .lei y~i Yij4: _'..~;:a-•-~•-t
~ 80' ACC&SS NACE, _ _ _ _ _ °
AND UTH_ftt,EASEVENE
IC7
1: Z-
I
1
I
F.' -nail J. Kern RPLS No. 4158 Do'-
This survey was prepared without benefit of o schedule 8 or title binder
I
ISBELL DENTON AIRPORT SHEET NO.
ENGINEERING D E N TO N, TX
GROUP, INC.
Project C02000 TODD COFFEE SCALE: 1" = 100' FEB. 1, 2002
ATTACHMENT B
I
METES AND BOUNDS DESCRIPTION t• t``"'=
FIELD NOTES to all that certain tract of land situated in the City and County of Denton, Texas and being o`port of Lot i
Block. 1 of the Southeast Airport Addition an addition in the City of Denton, according to the Plat thereof recorded in Cabinet
G Page 295 of the Plot Records of Denton County, Texas; the subject tract being more particularly described as follows;
COMMENCING at a brass cop found set in asphalt on the Eastern side of o toxiwoy at the Northwest corner of said Lot 1;
THENCE South 88 Degrees 53 Minutes 12 Seconds East with the North line of said Lot 1 a distance of 268.66 feet to o point
for corner;
THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 129.80 feet to a Y2•• copped iron rod found for the
PLACE OF BEGINNING being the Northwest corner of the herein described tract;
THENCE South 88 Degrees 36 Minutes 10 Seconds East with the South line of a variable width taxiway. drainage and utility
easement as shown on said Plot o distance of 200.00 feet to a 34° capped iron rod found for the Northeast corner of the
herein described tract;
THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 170.00 feet to a Yz" capped iron rod found for the
Southeast corner of the herein described tract on the North line of a 60 foot access, drainage and utility easement as shov:n
on said Plot;
THENCE North 88 Degrees 35 Minutes 10 Seconds West with the North line thereof a distance of 200.00 feet to a )i" iron rcd
found for the Southwest corner of the herein described tract;
THENCE North 01 Degrees 23 Minutes 50 seconds East with the East line of the above mentioned variable width easement c
distance of 170.00 feet to the PLACE OF BEGINNING and enclosing 0.78 of on acre of land.
These Field Notes with the accompanying sketch were prepared from on on-the-ground survey mode by me on January 31,
2002. There visible or apparent intrusions, protrusions or easements except as shown hereon. 'gr
_hozl J. Kern RPLS No. 4158 Dot
This survey was prepared without benefit of a schedule B or title binder
ISBELL DENTON AIRPORT SHEET NO.
ENGINEERING DENTON, TX
I_ GROUP, INC. C1
o Proiect C02000 TODD COFFEE SCALE: 1° = 100 FEB. 1; 2002
~nS7 00605
AIRPORT LEASE AGREEMEl L~tt~
COMMERCIAL! OPERATOI
THE STATE OF TEXAS§
KNOW ALL
COUNTY OF DENTONS
This lease is made and executed this day of February, 2002, at Denton, Texas, by and
between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and
U.S. Flight Academy, Limited Liability Company, having :principal offices at 2020 Skylane,
Denton, Texas 76207, hereinafter referred to as "Le?;see".
WITNES ETH:
WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the
City of Denton, County of Denton, State of Texas; !and
WHEREAS, Lessee desires to lease certain premises on said airport and construct and
maintain an aircraft hangar and related aviation facilities thereon;
it
NOW, THEREFORE, for and in considerat on of the promises and the mutual covenants
contained in this Agreement, the parties agree as
fd~~lows:
I: CONDITIONS O~ AGREEMENT
NOTWITHSTANDING ANY LANGUAGE:! TO THE CONTRARY HEREINAFTER
CONTAINED, THE LANGUAGE IN PARAGR! PHS A THROUGH D OF THIS SECTION
SHALL BE BINDING. ; j
i
A. PRINCIPLES OF OPER ATION& Tae right to conduct aeronautical and related
activities for fiimishing services to the public is gral6d to Lessee subject to Lessee agreeing:
1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all
users thereof; and
2. To charge fair, reasonable and not cinjustly discriminatory prices for each unit or
service; provided, that Lessee ay be allowed to make reasonable and
nondiscriminatory discounts, rebated, or other similar types of price reductions to
volume purchasers.
B. NON-DISC'RIMNATTO : Lessee, for imself, his. personal representatives, successors
and interests, and assigns, as a part of the;iconsideration hereof, does hereby covenant and
agree as a covenant running with the land that:
1. No person on the grounds of race, >{eligion, color, sex, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities;
it
505 7 00606
2. In the construction of any improveft ents on, over, or under such land and the
furnishings of services thereon, no peroon on the grounds of race, religion, color, sex,
or national origin shall be excluded $iom participation in, denied the benefits of, or
otherwise be subjected to discrimination;
I
3. Lessee shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Fedeilal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Pert 21, Nondiscrimination in Federally assisted
programs of the Department of Transportation _ Effectual of Title VI of the Civil
Rights Act of 1964, as said Regulations may be amended.
C. RTG14T OF TNDTVTDT TATS TO MATNTMN ATRC'R AFT. It is clearly understood by
Lessee that no right or privilege has been granted wl ;hich would operate to prevent any person, firm
or corporation operating aircraft on the airport front performing any services on its own aircraft
with its own regular employees (including, but no i !limited to, maintenance and repair) that it may
choose to perform.
Ii
D. NON-F.XC LI STVE RIGHT. It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the grantii}g of an exclusive right within the meaning of
Title 49 U.S.C. Appendix § 1349.
E. PT 1RT.TC AREAS.
1. Lessor reserves the right to further d 'elop or improve the landing area of the airport
as it sees fit, regardless of the desires or views of Lessee, and without interference or
hindrance.
2. Lessor shall be obligated to maintain and keep in good repair the landing area of the
airport and all publicly owned faciliti s of the airport, together with the right to direct
and control all activities of Lessee in k s regard.
3. During time of war or national emeIency, Lessor shall have the right to lease the
landing area or any part thereof to the United States Government for military or naval
use, and, if such lease is executed, th~ provisions of this instrument insofar as they are
inconsistent with the provisions of thJ :lease to the Government, shall be suspended.
4. Lessor reserves the right to take any al' ction it considers necessary to protect the aerial
approaches of the airport against obstruction, together with the right to prevent Lessee
from erecting, or permitting to be erected, any building or other structure on or
adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or
safety of the airport or constitute a haiiard to aircraft or to aircraft navigation.
5. This Lease shall be subordinate to the; provisions of any existing or future agreement
between Lessor and the United States or agency thereof, relative to the operation or
maintenance of the airport.
I
U.S. FLIGHT ACADEMY LEASE AGP.EEMENT 2002.DOC - Page 2
5057 00607
II. LEASED PREMISES
:t
Lessor, for and in consideration of the covenants and agreements herein contained, to be kept
by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby lure and take from
Lessor, the following described land situated in Den;; Ibn County,Texas:
~t
A. Land. A tract of land, being approximate) 34,000 sgi6re feet, or 0.78 acres, drawn and
outlined on Attachment "A", and legally describe in Attach!nent "B," such attachrrrents bein
g
incorporated herein by reference. During the construction of thejproposed facility, Lessee shall have
access to the adjacent lot (east) for staging of construction equipment, material and a construction
trailer. Lessee shall remove all material, equipment, construction trailer and any other approved
property within thirty (30) days of the receipt of a Certificate of Occupancy. Unless approved by
Lessor, Lessee shall not have access to said lot for rilore than a total of 365 days.
Together with the right of ingress and egress !.o said property; and the right in conurion with
others so authorized of passage upon the Airpi art property generally, subject to reasonable
regulations by the City of Denton and such rights shall extend; to Lessee's employees, passengers,
patrons and invitees. For purposes of this agreement, the terra "Premises" shall mean all property
located within the metes and bounds described aritl identified within Attachment "B", including
leasehold improvements constructed by the Lessee,! but not including certain easements or property
owned and/or controlled by the Lessor.
B. IMPROVEMENTS PROVIDED BY LESSC)R: NO r( There will be no improvements
provided by Lessor, except as set forth in Article II.~. "Access to Utilities" below.
For the purpose of this Agreement, the term essor improvements" shall mean those things
on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor,
which enhance or increase, the value or quality of the leased land or property. Unless otherwise
noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor
improvements must be described in detail above, or abo Ie referenced and attached to this
Agreement in an exhibit approved by Lessor.
C.. TMPRC)VFMF.NTS PRC)VmFn RY T.F 'SF.F._ On described lot, Lessee shall construct
a hangar/office facility not less than 12,000 sgdare feet with taxiway access and appropriate
culverts or drainage as required by City ordinances in the utility right of way south and north of the
proposed hangar as well as other improvements as!heternlinedinecessary by City ordinances. Said
improvements shall be completed not less than 3651~lays from the date of this agreement.
D. F.ASF.MFNTS. Lessor and Lessee by mutual agreement may establish, on the leased
premises, easements for public access on roads and: taxiways.
i
t
E. AC'C'ESS TO T TTTLITTF.S_ Lessor represents that there are water, sewer and 3-phase
electricity lines within three hundred feet (300') of the leased premises available to "tap-in" by
Lessee, and that the same are sufficient for usual arid) customary service on the leased premises.
'I
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 3
~o3 00 08
I
III. TF. m
The term of this Agreement shall be for a period of thirty (30) years, commencing on the 1st
clay of March, 2002, and continuing through the last day of February of 2032, unless earlier
terminated under the provisions of the Agreement. Any attempf by Lessee to renegotiate this Lease
shall be in writing addressed to the City Manager di his designee at least one hundred eighty (180)
days before the expiration of the stated term of this lase, and ati least 180 days before the expiration
of any additional renegotiated period. Lessee has th6 option to renew for two (2) additional ten (10)
.year terms. The rental and terms to be negotiated §ball be reasonable and consistent with the then
value, rentals and terms of similar property on the afport.
ii
N. PAY1ViF,NTS, RF.I TALS AMID FFF4
Lessee covenants and agrees to pay Lessor; las consideration for this lease, the following
payments, rentals and fees:
I
A. LAND RF.NTAT, shall be due and payable in the sum of $0.15 per square foot or Five
Thousand One Hundred Dollars ($5,100.00) per' ;year, payable in twelve (12) equal monthly
installments in the sum of Four Hundred Twenty-Five Dollarsi ($425.00) in advance, on or before
the 1 st day of each and every month during the teh-li of this agreement. Lessee has the option to
pay aiunual rentals and fees in whole on or before'fhe 1st day lof October, at the beginning of the
City's fiscal year, each and every year of this lease.!'
Notwithstanding the foregoing, the annual lease rental to be r duced by the current lease rate per
square foot, as adjusted by the CPI-U referenced iri!Section IV!C., times the number of square feet
comprising all easements established in accordance+ith Articll II(D).
I
B. LESSOR TMPEOVEMENTS RFNTAT S (NONE: There are no Lessor improvements
on the leased premises. i
i
C. PAYMENT, PENALTY, AD.II I,STMF.NT!S. All payments due Lessor from Lessee shall
be made to Lessor at the offices of the Finance. Department. of the City of Denton, Customer
Service Division, 601 West Hickory, Denton, Texd$, unless otherwise designated in writing by the
Lessor. If payments are not received on or before ile 15th, a five percent (5%) penalty will be due
as of the 16th. If payments are not received by the first of the subsequent month, an additional
penalty of one percent (1%) of the unpaid rental/fee amount; will be due. A one percent (1%)
charge will be added on the first of each subsequent month until the unpaid rental/fee payment is
made. The yearly rental for land and improvements herein leased shall be readjusted at the end of
each one year period during the term of this lease oil the basis of the proportion that the then current
United States Consumer Price Index for all urban !consumers (CPI-U) for the Dallas-Fort Worth
Bureau of Labor Statistics bears to the previous odd month 2001 index, which was 168.9 (1982-84
= 100). The original land rental amount is based Pon the formulae set forth in Section IV.A. for
the land herein leased. Each rental adjustment, if any, shall occur on the 1st day of April, beginning
2004, and every other year thereafter on such date! However, in no event shall any of the rental
adjustments exceed twenty percent (20%) of the original rental. Each rental adjustment, if any,
shall occur on the first day of April 2004, and every'other year thereafter.
.i
I
U.S. FLIGHT ACADEMY LEASE AG~EEMENT 2002.DOC - Page 4
5057 00609
The adjustments in the yearly rent shall be detennined ly multiplying the minimum yearly
rent as set forth in Section W.A. by a fraction, the numerator of which is the index number for
the last month prior to the adjustment, and the Idenominator of which is the index number
applicable at the execution of this lease. If the ptbduct of this multiplication is greater than the
minimum yearly rent as set forth in Section IV.A~, Lessee shall pay this greater amount as the
yearly rent until the time of the next rental adjustriient as called for in this section. If the product
of this multiplication is less than the minimum yddrly rent oflas set forth in Section IV.A., there
shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's
annual rent until the time of the next rental adjustment as called for in this section. In no event
shall any rental adjustment called for in this section result in an annual rent less than the previous
year's annual rent. The adjustment shall be limited so that the annual rental payment detennined
for any given two-year period shall not exceed ; the annual rental payment calculated for the
previous CPI adjustment by more than twenty percent (20%) percent.
.I
If the consumer price index for all urban Consumers CPI-U) for the Dallas-Fort Worth
geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is
discontinued during the term of this lease, the remaining rental adjustments called for in this section
shall be made using the formula set forth in Sul section (a, above, but substituting the index
numbers for the Consumer Price Index-Seasorially [Adjusted U.S. City Average For All Items For
All Urban Consumers (CPI-U) for the index num6Lrs for the CPI-U applicable to the Dallas-Fort
Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and
the U.S. City Average are discontinued during;;the term of this lease, the remaining rental
adjustments called for in this section shall be made using tl~ I e statistics of the Bureau of Labor
Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U
applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the
United States Department of Labor ceases to exist or ceases ~to publish statistics concerning the
purchasing power of the consumer dollar during the tern f this lease, the remaining rental
adjustments called for in this section shall be made using the most nearly comparable statistics
published by a recognized financial authority selecti6'd by Lessor.
i
V. RIGHTS AND OBIJ ATIONS nF LESSF.F
A. T 1SF. OF LF.ASF,T) PREMISES. Lessee!
~ granted tAe non-exclusive privilege to engage
in or provide the following: : I
1. Flight Tnstruction_ Lessee :is granted the non exclusive right to operate a flight
instruction operation.
2. Aircraft Rental . Lessee is granted the non-exclusilve right to rent aircraft.
,
3. Aircraft Repair- Lessee is granted; Ithe right to perform aircraft maintenance on
Lessees and General Aviatioh aircraft; upon the leased premises.
I i
4. FAA Test Administration- Lessee is granted the right to provide testing services.
5. Retail Pilot Shop. Lessee is granted the right to operate a retail pilot shop.
j
I
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 5
5057 006 10
I
6. Flight Simulation S .vices Lessee is granted the right to offer flight simulation
services.
i
7. Charter Flights. Lessee is granted to operate a cha.6er flight business.
8. Tie-l-own Services- Lessee is granted the right to charge for tie-down services on
Lessee's property. j i
I
9. Hangar .STnace Teasing Lessee is granted the right to rent hangar space.
Lessee, his tenants and sublessees shall not be authorized to conduct any services not
specifically listed in this agreement. The use of jthe leased 1preinises of Lessee, his tenants or
sublessees shall be limited to only those private, coiiunercial, retail or industrial activities having to
do with or related to airports and aviation. No llerson, business or corporation may operate a
commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a
lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor
shall not unreasonably withhold authorization to conduct aeronautical or related services.
B. STANDARDS- Lessee shall meet or exceed the following standards:
1. Address- Lessee shall file with the Airport Manager and keep current his mailing
addresses, telephone numbers and cohtkts where he can be reached in an emergency.
I
2. List. Lessee shall file with the Airport Manager and keep current a list of his tenants
and sublessees. i
i
3. Conduct. Lessee shall contractually: i require his employees and sublessees (and
sublessee's invitees) to abide by the f6rms of this agreement. Lessee shall promptly
enforce his contractual rights in the event of a default of such covenants.
4. i hilities, Taxes and Fees- Lessee shall; meet all expenses and payments in connection
with the use of the Premises and the rights and prig ileges herein granted, including the
timely payment of utilities, taxes, permit fees, license fees and assessments lawfully
levied or assessed.
i
5. Laws. Lessee shall comply with all current and future federal, state and local laws,
rules and regulations which may apply to the conduct of business contemplated,
including rules, regulations and ordinances promulgated by Lessor, and Lessee shall
keep in effect and post in a prominent! place all necessary and/or required licenses or
pen-nits.
6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and
upkeep of all property, buildings, structures and improvements, including the mowing
or elimination of grass and other vegetation on] the Premises, and shall keep said
Premises neat, clean and in respectable condition, free from any objectional matter or
thing. Lessee agrees not to utilize or permit others to utilize areas on the leased
premises which are located on the outslide of any hangar or building for the storage of
i
U.S. FLIGHT ACADEMY LEASE Ad~EEMENT 2002.DOC - Page 6
5057 00611
!
wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any
type, or any other equipment or items which would distract from the appearance of the
leased premises. Lessee agrees that at io time shall the leased premises be used for a
flea market type sales operation. !
,
7. Painting of Buildings. During the :original terns of this Lease and dtu-ing each
extension, Lessor shall have the right :iii require, not more than once every five years,
that the metal exterior of hangar(s) or building(s) located on the premises be reviewed
by the Airport Advisory Board for the purpose of determining whether painting of the
exteriors of such buildings or hangar is necessary. If the Airport Advisory Board
determines painting is necessary, it shall furnish a ;recommendation to this effect to the
City Council. The Council, may, upon the Board's recommendation, require Lessee
to repaint said exteriors according to Lessors specifications (to specify color of paint,
quality of workmanship and the year and month in which the hangar(s) or building(s)
are to be painted, if needed.) Lessee shall complete the painting in accordance with
such specifications within one (1) year of receipt of notice from lessor. Lessee agrees
to pay all costs and expense involve in the hangar or building painting process.
Failure of Lessee to complete the painting requir,bd by Lessor's City Council within
one (1) year period shall constitute LeS,ee'S default under this Lease.
' i
8. 1 Inauthorized use of prey mises. Lessee nay not usp any of the leased land or premises
for the operation of a motel, hotel, restaurant, piiyate club or bar, apartment house, or
for industrial, commercial or retail purposes, except as authorized herein.
i i
9. Dwellings. It is expressly understood and agreed that no permanent dwelling or
domicile may be built, moved to or established on or within the leased premises nor
may lessee, his tenants, invitees, or,'guests be permitted to reside or remain as a
resident on or within the leased premises or other airport premises.
10. Quit Possession. Lessee shall quit possession of all premises leased herein at the end
of the primary term of this lease or Ay renewal or extension thereof, and deliver up
the premises to Lessor in as good condition as existed when possession was taken by
Lessee, reasonable wear and tear excepted. j
i '
11. Hold Harmless. Lessee shall indemnify and hold parmless Lessor from and against all
loss and damages, including death, personal injury' , loss of property or other damages,
arising or resulting from the operation of Lesse6's business in and upon the leased
premises. i
12. Chemicals. Lessee agrees to properlyi store, collect and dispose of all chemicals and
chemical residues; to properly store, confine,; collect and dispose of all paint,
including paint spray in the atmosphere, and paint products; and to comply with all
Local, State and Federal regulations: koverning jhe storage, handling or disposal of
such chemicals and paints. i I
!
13. Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of
the City of Denton or the Federal Aviation Administration, or should the Lessee
i
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 7
5057 00612
engage in or permit other persons o;- agents to engage in activities which could
produce hazards or obstruction to :;air navigation, obstructions to visibility or
interference with any aircraft navigational aid station or device, whether airborne or
on the ground, then Lessor shall statd such violation in writing and deliver written
notice to Lessee or Lessee's agent on. the leased premises, or to the person(s) on the
leased premises who are causing said 1~11olation(s), and upon delivery of such written
notice, Lessor shall. have the right to ideinand that the person(s) responsible for the
violation(s) cease and desist from all:such activity creating the violation(s). In such
event, Lessor shall have the right toibemand that corrective action, as required, be
commenced immediately to restore the leased premises into conformance with the
particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's
agent, or the person(s) responsible f6~ the violation(s) fail to cease and desist from
said violation(s) and to inunediately,1commence; correcting the violation(s), and to
complete said corrections within twenty-foui (24) hours following written
notification, then Lessor shall have the right to enter onto the leased premises and
correct the violation(s), and Lessor shall not be responsible for any damages incurred
to any improvements on the leased; remises as a result of the corrective action
process.
'I
C. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own
expense, to place in or on the leased Premises sighs identifying Lessee. Said signs shall be of a
size, shape and design, and at a location or locations, approved by the Lessor and in conformance
with any overall directional graphics or sign pr8gram established by Lessor for the Airport.
Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair
throughout the term of this agreement. Notwithstanding any other provision of tlus agreement, said
signs shall remain the property of Lessee. Lesseeshall remove, at its expense, all lettering, signs
and placards so erected on the premises at the expiration of the term of this Agreement or
extensions thereof.
VI. COVENANTS BY LESSOR
Lessor hereby agrees as follows:
`I
A. PF.AC EFi ff , ENJOYMENT. That on payment of rent, fees, and performance of the
covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably
hold and enjoy the leased premises and all rights an~ privileges herein granted;
B. C OMPLIANC'F.. Lessor warrants and represents that in the establishment, construction
and operation of said Denton Municipal Airport,: that Lessor has heretofore and at this time is
complying with all existing rules, regulations, aril criteria distributed by the Federal Aviation
Administration, 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 takeoff, to the end that Lessee will notibe legallyliable for any action of trespass or
similar cause of action by virtue of any aerial operations. of adjoining property in the course of
normal take-off and landing procedures from said Denton :Municipal Airport; Lessor further
warrants and represents that at all times during the term hereof, or any renewal or extension of
same, that it will continue to comply with the foregoing.
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 8
5057 0061?
VII. SPECIAL CbMITIONS
i
It is expressly understood and agreed by and between Lessor and Lessee that this lease
agreement is subject to the following special terms and conditions.
A. RUNWAYS AND TAXIWAYS. That because of the present sixty thousand (60,000)
pound continuous use weight bearing capacity of (be runway and taxiways of the Airport, Lessee
herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraft
having an actual weight, including the weight of its jfuel, of sixty thousand (60,000) pounds or less,
until such time that the runway and designated 6ilways on the Airport have been improved to
handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering
studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that
Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical
Activity" referred to in this clause shall include; that activity of the Lessee or its agents or
subcontractors, and its customers and invitees, but ;shall not include those activities over which it
has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A
pattern of negligent disregard of the provisions * this section shall be sufficient to cause the
immediate termination of this entire Agreement and subject Lessee to liability for any damages to
the Airport that might result. ° I
VIII. T.F.ASFHC)T.T) T! RoVFMFNTS
i
A. RF. UTRF.MFNTS- Before commencing ithe construction of any improvements upon the
premises, Lessee shall submit:
i
1. Documentation, specifications, or design work, to be approved by the Lessor, which
shall establish that the improvement's to be built or constructed upon the leased
premises are in conformance with the; overall size, shape, color, quality and design, in
appearance and structure of the program established by Lessor on the Airport.
2. All plans and specifications showing:the location upon the premises of the proposed
,
construction;
3. The estimated cost of such constructio. 5.
No construction may commence until Lessor, acting by its City Council, has approved the
plans and specifications and the location of the improvements, the estimated costs of such construc-
tion and the agreed estimated life of the building or structure. Approval by the City Council shall
not be unreasonably withheld; should the Council; fail to deny Lessee's plans and specifications
within sixty (60) days of submission thereof to thelCouncil, such plans and specifications shall be
deemed approved. Documentary evidence of the actual cost of construction on public areas only
(such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such
costs are paid by Lessee, and Lessor's City Mana~er or designee is hereby authorized to endorse
upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall
have found to have been paid by Lessee, and the findings of the City Manager when endorsed by
him upon said contract shall be conclusive upon all: parties for all purposes of this agreement.
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 9
~1 l7 'f tY to b 1
B. ADDTTTONAL C ONSTRT TC'TTON C)R I114PROVEMENTS: Lessee is hereby authorized
to construct upon the land herein leased, at his own cost and expense, buildings, hangars, and struc-
tures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations
authorized by this lease, provided however, before commencing the construction of any improve-
ments upon the premises, Lessee shall submit plans and specifications for approval by Lessor as
specified in Article VIII.A., above.
C. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed
upon the premises by Lessee shall remain the prop~rty of Lessee unless said property becomes the
.property of Lessor under the following conditions, terms and provisions:
1. Removal of Buildings. No building'or permanent fixture may be removed from the
premises.
2. Assumption. All buildings and improvements of whatever nature remaining upon the
leased premises at the end of the primary term, or any extension thereof, of this lease
shall automatically become the property of Lessor absolutely in fee without any cost
to Lessor.
i
3. Building Life. It is agreed that the lift of the building to be constricted by Lessee on
the property herein leased is thirty (30) years.
4. Cancellation. Should this lease be dancelled for any reason before the end of the
thirty (30) year expected building life, it is especially understood and agreed that
Lessor reserves the right to purchase A.11 buildings, structures and improvements then
existing upon-the premises by tendering to Lessee one thirtieth (1/30) of the undepre-
ciated value of such building for ekh year remaining on the agreed life of such
building. The undepreciated value of l11 improvements is to be determined by having
such improvements appraised by th'ee appraisers, one appointed by Lessor, one
appointed by Lessee and one appointed by the two appraisers.
IX. SITRROGADO 6E MORTGAGEE
i
A. Any person, corporation or institution that lends money to Lessee 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 Lessee's obligations to said mortgagee,
have the right to enter upon said leased premises Viand 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 Lessee, or until the loan is paid in full, whichever comes first, but in
no event longer than the term of this lease. It is expressly understood and agreed that the right of
the mortgagee referred to herein is limited and restricted to those improvements constructed with
funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and
those improvements pledged to secure the refinancing of the improvements.
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 10
5057 006 15
ground space for the purpose of providing underground utility services to, from or across the
airport property or for the constnuction of public, facilities on the Airport. However, any such
easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the
property to original condition upon the installation*4any utility services on, in, over or under any
such easement or the conclusion of such construction. Construction in or at the easement shall be
complcted within a reasonable time.
i
XI. ASSIGNMENT OF LEASE
i
Lessee expressly covenants that it will not assign this lease, convey more than fifty percent
(50%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor
sublet the whole or any part of the said premises foz any purpose, except for rental of hangar space
or tie-down space, without the written consent of LIessor. Lessor agrees that it_vill'nottneaso~r-
oaa -r_wa -bholdr=its::approvali:of°siich sale; sublease, transfer, license, or assignment of the facilities for
airport related purposes;°p'rovi"ded'however, that no such assignment, sublease, transfer, license, sale
or otherwise shall be approved if the rental; fie" es:oti.'payin ts, teceived-or:char-ged:are~-in>exces9'`'6T
TieTenTa 'orrfees paid b -Lessee to Lessor under';Yh , terms of this lease.- -for such portia of the
premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of
this lease shall remain binding upon the assignees, i any, of Lessee.
XII. 1NSi TR AN(-
'I
A. REQUIRED INSI TR ANC'F.: Lessee shall maintain continuously in effect at all times
during the term of this agreement, at Lessee's expense, the following insurance coverage:
i
1. Comprehensive general liability covering the leased premises, the Lessee or its
company, its personnel, and its operations on the airport.
2. Aircraft liability to cover all flight open i tions of Lessee.
~i
3. Fire and extended coverage for replacement value for all facilities used by the Lessee
either as a part of this agreement or erected by the Lessee subsequent to this
agreement.
:i
;i
4. Liability insurance limits shall be in the following minimum amounts:
.I
Bodily Injury and Property Damage:
Ji
One Million Dollars ($1,000,000) combined single limits on a per occurrence basis.
i
5. All policies shall name the City of Denton as an additional named insured and provide
for a minimum of thirty (30) days written notice to the City prior to the effective date
of any cancellation or lapse of such policy.
6. All policies must be approved by the Lessor.
i
7. The Lessor shall be provided with a copy of all such policies and renewal certificates.
U.S. FLIGHT ACADEMY LEASE AGF~EMENT 2002.DOC - Page 11
5057 006 16
During the term of tlus ]ease, Lessor herein reserves the right to adjust or increase the liability
insurance amounts required of the Lessee, and io require any additional rider, provisions, or
certificates of insurance, and Lessee hereby agrees !to provide any such insurance requirements as
may be required by Lessor; provided however, that; any requirements shall be commensurate with
insurance requirements at other public use airports similar to the Denton Municipal Airport in size
and in scope of aviation activities, located in the southwestern region of the United States. Lessee
herein agrees to comply with all increased or adjusted insurance requirements that may be required
by the Lessor throughout the original or extended ienn of this lease, including types of insurance
and monetary amounts or limits of insurance, and to comply with said insurance requirements
within sixty (60) days following the receipt of a notice in writing from Lessor- stating the increased
or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of
insurance and amounts of insurance which exceed Lessor's minimum insurance requirements.
In the event that State law should be amended to require types of insurance and/or insurance
amounts which exceed those of like or similar public use airports in the southwestern region of the
United States of America, then in such event, Lessor shall have the right to require that Lessee
maintain in force types of insurance and/or amount of insurance as specified by State law.
i
Failure of Lessee to comply with the mininium specified amounts or types of insurance as
required by Lessor shall constitute Lessee's default 6f this Lease.
i
XIII. CANCELLATION BY LESSOR
~i
In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in
bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to
such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to
proceedings brought under the provisions of any: Federal reorganization act, or Lessee shall be
divested of its estate herein by other operation of haw; or Lessee shall fail to perform, keep and
observe any of the terms, covenants, or conditions Herein contained, or on its part to be performed,
the Lessor may give Lessee written notice to correct such condition or cure such default and, if any
condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee,
then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has
the right to purchase any or all structures on the leased premises under the provisions of Section
VIII Paragraph CA. (Cancellation) hereof.
XN. CANCELLATION BY T FSSFF
i
Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations
hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of
the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction
in any way preventing or restraining the use of saidjairport or any part thereof for airport purposes;
(2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of
Lessor to remedy such breach for a period of ninety(90) days after receipt of a written notice of the
existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing
for a longer period than ninety (90) days due to any law or any order, rule or regulation of any
appropriate governmental authority having jurisdiction over the operations of Lessor or due to war,
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 12
X057 006!7
earthquake or other casualty; or (4) the assumption .or recapture by the United States Government;
or any authorized agency thereof, of the maintenance and operation of said airport and facilities or
any substantial part or parts thereof
Upon the happening of any of the four events 4isted in the preceding paragraph, such that the
leased premises cannot be used for aviation purpo:,ses, then the Lessee may cancel this lease 8
aforesaid, or may elect to continue this lease underits terms, except, however, that the use of the
leased premises shall not be limited to aviation purposes, their use being only limited by such laws
and ordinances as may be applicable at that time.
XV. MTSCRILANFWS PRC)VTSIO S
A. FNTTRF. AGREEMENT. This Agreement constitutes the entire understanding between
the parties and as of its effective date supersedes ali prior or independent Agreements between the
parties covering the subject matter hereof. Any change or modification hereof shall be in writing
signed by both parties.
B. BTNDTNC; EFFECT. All covenants, stipulations and agreements herein shall extend to,
bind and inure to the benefit of the legal representatives, successors and assigns of the respective
parties hereto.
C. SF.VF.RABILTTY. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction,' the entire Agreement shall not be void; but the
remaining provisions shall continue in effect as nearly as possible in accordance with the original
intent of the parties.
i
D. NOTTC.F.. Any notice given by one party!to the other in connection with this agreement
shall be in writing and shall be sent by registered mail, return receipt requested, with postage and
registration fees prepaid as follows: i
i
1. If to Lessor, addressed to:
City Manager
City of Denton
215 E. McKinney Street '
Denton, Texas 76201
2. If to Lessee, addressed to:
Todd Coffee
U.S. Flight Academy
2712 Derby Court,
Southlake, Texas 76092
Notices shall be deemed to have been received on the date of receipt as shown on the return
receipt.
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 13
5053 006 1 8
E. HF.ADTNGS. The headings used in thi's Agreement are intended for convenience of
reference only and do not define or limit the scope or meaning of any provision of this Agreement. j
F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of ~
the State of Texas. `
f<
G. MEDIATTON. Prior to instituting suit 16 a court of competent jurisdiction, the parties
shall, in good faith attempt to settle any controversy or claim by any party hereto arising out of or
relating to this Agreement by mediation in accordance with the laws and rules, then obtaining, of
the State of Texas and the State Bar of Texas.
H. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of covenant or
term of this lease may be treated as a waiver of any subsequent default or breach of the same or any
other covenant or term of this Agreement.
1. INDEPENDENT C'ONTRAC'TOR. During all times that this Lease is in effect, the
parties agree that Lessee is and shall be deemed toy be an independent contractor and operator and
not an agent or employee of the Lessor with respedto their acts or omissions hereunder. For all the
purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually
agreed that nothing contained herein shall be deemed or construed to constitute a partnership or
joint venture between the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
CITY OF DENTON, TEXAS, LESSOR f
BY: I i
JON FORTUNE, ACTING CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CITY OF DENTON, TEXAS
ji
BY: tASb
P OVED EGAL ~ i
A
FORM:
! I,
HERBERT L. PROUTY, CI ATTORNEY
CITY OF DENT y TE
~ i
BY:
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 14
5057 006 1
TODD: COFFEE, MANAGING DIRECTOR
U.S. FLIGHT ACADEMY L.L.C., LESSEE ! i .
i
• :i
I
BY: \ s-- (•~lLL i
LESSEE '
THE STATE OF TEXAS §
i
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of l
i y - J , 2002 by' !.I
LESSEE.
=o~,~YO~~c J~ EANETTE SCOTT
NOTARY PUBLIC
• STATE OF TEXAS
O i i
NOTARY PUBLIC STATE OF TEXAS i '
My Co Co.: r!3 31-2005
i
•
i
i
~ I
i
1
i
i
i
i
i
' I
U.S. FLIGHT ACADEMY LEASE AGREEMENT 2002.DOC - Page 15
-J 0
57 00620 i
i i ATTACHMENT A
POC
i DDWS 140`1
CALC
S 88'53'12` F_ 26;3INTER PT I i
799.88'
N/W COR LOT 1
BLOCKI SOUTHEAST
AIRPORT ADDITION C1q / f j
r VARIABLE WIDTH TAXIWAY, DRAINAGE, AND UTILITY EASEKiE IT
o
Q 1/2N POB S 88'36'10' E 200.00' 1/2
W IRE - IRF/C - a
° '
O
o °
t` o
n I il}
O I
0 0.78 ACRES a
Z O N ~ 1'
Z O
to
f:
3 IRF2~ N 88 36'10' W 200.00' - 1-/2" -
~`I'''r;~ IRE C . , I ~ •
O W'/CJDtlJNALsJ-
AND LMUTY EkSEV ENT
a a~ a. , • t t•.'
~
la:
{
• i
I
i
I
I
i
I
i
la _hazl J. Kern RPLS O. 4158 Dc:_
i
This survey wos prepored without benefit of o schedule e or title binder
ISBELL DENTON AIRPORT SHEET NO.
ENGINEERING DENTON, TX
GROUP, INC. i
`l Project 002000 TODD COFFEE SCALE: 1". 100' FEB. 1, 2002
I
505-7 0062 1
ATTACHMENT B II
I i
1:+ I j
1
ii
i I
7 I
W
I
I I I:i '
' I
I
I
ii
II
- 1.
METES AND BOUNDS DESCRIPTION
FIELD NOTES to oil that certain tract of land situated in the City and County of Denton, Texas and being a`port of Lott 1 c I jI
Block 1 of the Southeast Airport Addition on addition in the City of Denton, according to the Plat thereof recorded in dobi I
G Page 295 of the Plot Records of Denton County, Texas; the subject tract being more particularly described as follows; i
COMMENCING at a brass cop found set in asphalt on the Eastern side of a taxiway at the Northwest corner of said Lot 1;1
THENCE South 88 Degrees 53 Minutes 12 Seconds East with the North line of said Lot 1 a distance of 268.86 feet told poi,h~il l
for corner; ,
THENCE South 01 Degrees 23 Minutes 50 Seconds West o distonce of 129.80 feet to o Y2° capped iron rod found for the:
PLACE OF BEGINNING being the Northwest corner of the herein described tract;°
THENCE South 88 Degrees 36 Minutes 10 Seconds East with the South line of a variable width taxiway, drainage and u6ityl 1
easement as shown on said Plot a distance of 200.00 feet to a copped iron rod found for the Northeast corner of the .I •rj.
herein described tract;
THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 170.00 feet to o 14° capped iron rod found for the
Southeast corner of the herein described tract on the North line of a 60 foot access, drainage and utility easement os~ shb,-3 !I
on said Plot; I:
i
THENCE North 88 Degrees 36 Minutes 10 Seconds West with the North tine thereof a distance of 200.00 feet to o W iron) roil
found for the Southwest corner of the herein described tract;
THENCE North 01 Degrees 23 Minutes 50 seconds East with the East line of the above mentioned variable width easement Ic I i
distance of 170.00 feet to the PLACE OF BEGINNING and enclosing 0.78 of an acre of land. # I t
These Field Notes with the accompanying sketch were prepared from on on-the-ground survey made by me on January 31I, 1 1
2002. There re n visible or apparent intrusions, protrusions or easements except as shown hereon. 1 ;1
1 hael J. Kern RPLS No. 4158 Dot
1 ,
This survey was prepared without benefit of a schedule B or title bind_r
ISBELL DENTON AIRPORT SHEET J029''I"
ENGINEERING D E N TO N, TX
GROUP, INC. ~ Project 002000 TODD COFFEE SCALE: 1" 100' FEB. 1
5057 00623
j 11
INI
i ► I~
r
I
i
ANY rHE 0 t i~ ~{1e a g{j~ o~{~g ~§lAU BEN is
S j.
~Q{?tv,~fL~'fIOtf gE~.pt:F96FStl nR GE
OF
WVA TLJOANP U_N uE4S~e Jfjetl tE ,t a ' i
THE STATE Ot` YFUAc .i
COUNTY OF ok 06III ,9=
1 hereby [erU~ +el 1lu411i91fl1Vg6ki }y,9gg EILEF3 IH IFC Flia. Ni rnbor eqU f! I~ !I
the dale and tFs ~:mg slPr~tgotl geledn hy me; and was dul9 pECO OE I is
On;cai PubeeRwords Iklgaltl.quemve penleh5nun1y. ..aso.
g3
APR 0 4 2002
\ol.o ub~ j~ N.
U o`' 1'• j
is
COUNTY CLERK
DENTONCOU ny.'FEXA6
i i
j
Filed for Record in:
DENTON COUNTY TX
CYNTHIA M I TCHLLL, COUNTY CL.E
i
On Apr 04 2002 III:
At 8:48am
Receipt 18725
Recording: 39.00 I~
Doc/Mgmt : 6.00 j:
Doc/Num : 2002-ROO41905
Doc/Type : AGR
Deputy -Cristina Ii
• Ian