2005-184
S\O",[Jo,"~""\O,di","'o\OSU"W","Amd~",O,ddoc
ORDINANCE NO. c:? tJ¡Jf}- leI
AN ORDINANCE APPROVING A FIRST AMENDMENT TO A COMMERCIAL
OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND JET WORKS AVIATION, INc. AT THE DENTON MUNICIPAL AIRPORT;
APPROVING A LEASE ESTOPPEL BETWEEN THE CITY OF DENTON, JET WORKS
AVIATION, INC., AND SOUTHWEST BANK, WHICH ALSO AMENDS THE LEASE
AGREEMENT AND CONDITIONAL APPROVAL OF AN ESTOPPEL AGREEMENT WITH
GREATER EAST TEXAS CERTIFIED DEVELOPMENT CORPORATION (CDC); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and Jet Works Aviation, Inc. ("Jet Works") desire to
amend that eertain Airport Commercial Operator Lease Agreement between the City and Jet
Works ("Lease Agreement") to authorize the lease of additional property and to make other
changes in the Lease Agreement; and
WHEREAS, the City Council deems it in the public interest to enter into a Lease
Estoppel with Jet Works and Southwest Bank and Greater East Texas Certified Development
Corporation (CD C), which also amends the Lease Agreement and will facilitate the financing of
the improvements to be constructed by .Jet Works under the Lease Agreement; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a First
Amendment to that certain Airport Lease Agreement for Commercial Operator between the City
of Denton and Jet Works Aviation, Inc. effective December I, 2004 at the Denton Municipal
Airport in substantially the fonn of the Amendment which is attached to and made a part of this
ordinance for all purposes.
SECTION 2. The City Manager or his designee is hereby authorized to execute a Lease
Estoppel between the City of Denton, Jet Works Aviation, Inc., and Southwest Bank, which
further amends the Lease Agreement, in substantially the fonn of the Lease Estoppel which is
attached to and made a part of this ordinance for all purposes.
SECTION 3. The City Manager or his designee is hereby authorized to execute a Lease
Estoppel between the City of Denton and CDC, which further amends the Lease Agreement
which is identical in language to the attached Southwest Bank Lease Estoppel conditioned on the
CDC Lease Estoppel being approved and recommended by the Airport Advisory Board.
SECTION 4, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
cl/¿t'daYOf ~/!b
C ~ ~JL
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ßY1""'~ l)t\};\y, n)
APPROVED AS 0 LEGAL FORM:
EDWINM. SNYDER, INTERIM CITY ATTORNEY
7.i#Ñ;7 ¡7~1
BY:
Page 2
S,IO", Doeumcnc,IConcmccsIO51F;"c Amendment-Jet Wocksdoc
FIRST AMENDMENT TO AIRPORT COMMERCIAL OPERATOR
LEASE AGREEMENT WITH JET WORKS A VIA TION, INC.
This First Amendment to that certain Airport Lease Agreement Commercial Operator -
between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor"
and Jet Works Aviation, Inc., a Texas corporation, hereinafter referred to as "Lessee", executed
and effective as of the first day of December, 2004, hereinafter referred to as "Lease".
WITNESSETH
WHEREAS, Lessor and Lessee desire to amend the Lease to authorize the lease of
additional property and make other changes in the Lease as set forth herein.
NOW, THEREFORE, for and in consideration of promises and mutual covenants
contained in this Agreement the parties agree as follows:
SECTION 1. That the first paragraph of subsection A "Land" of Section II "Leased
Premises" is hereby amended to read as follows:
A. Land. A tract of land, identified as Parcell and Parcel 2, being approximately 1,
2.059 acres, drawn, outlined and legally described in Attachment "A", Parcell being
approximately 83,286.7 square feet or 1.912 acres and Parcel 2 being 6,403.3 square feet
or 0.147 acre, such attachments being incorporated herein by reference (the "Leased
Premises"),
SECTION 2. That the first paragraph of subsection D "Improvements Provided By
Lessee" of Section II "Leased Premises" is hereby amended to read as follows:
II. D. IMPROVEMENTS PROVIDED BY LESSEE. On the Leased Premises, Lessee
shall construct a hangar/office/shop complex with a minimum of 35,000 square feet. The
hangar space shall be a minimum of 18,000 square feet and the office/shop space shall be a
minimum of 8,000 square feet. Lessee shall construct an aircraft staging ramp 20 feet by
290 feet that will access the public ramp south of the proposed facility. Lessee shall also
construct appropriate culverts or drainage as required by City ordinances in the utility right
of way south and north ofthe proposed hangar as well as other improvements as detennined
necessary by City ordinances (All above described improvements to be constructed by
Lessee are called the "Lessee's Improvements"). Construction of Lessee's Improvements
shall be commenced no later than 270 days and completed no later than 720 days after the
Effective Date (the "Construction Period"). Construction of Lessee's Improvements are
considered commenced upon issuance of a building permit and construction of any portion'
of the hangar/office/shop complex. Construction of Lessee's Improvements are considered
complete upon the issuance of a Certificate of Occupancy for the entire hangar/office/shop
complex, and the aircraft staging ramp and drainage and utility improvements are
completed, Provided, however, no pennanent structure may be built on Parcel 2 and no
equipment may be staged on Parcel 2 until rental payments are initiated on Parcel 2.
SECTION 3. Subsection A of Section N "Payments, Rentals and Fees" is hereby
amended to read as follows:
Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement, the
following payments, rentals and fees:
A. Land Rental shall be due and payable to Lessor in twelve (12) equal monthly
installments in the sums set forth below, on or before the 1 s( day of each and every month
during the tenn of this Lease Agreement. Lessee has the option to pay annual rentals and
fees in whole on or before the I ,( day of October, at the beginning of the City's fiscal year,
each and every year of this Lease Agreement.
1.
12-1-2004 thru 1-20-2007:
Annual rent shall be a sum equal to $0.20 per square foot of the land area contained in the
Leased Premises (the "Original Rent"). Monthly rental shall be 1/12'h of the annual rent.
Notwithstanding the foregoing, so long as Lessee complies with the construction
requirements of Lessee's Improvements contained in Section II.D, and is not otherwise in
default of any tenn or condition of this Lease Agreement the annual rent shall be reduced to
a sum equal to $0.05 per square foot of the land area contained in the Leased Premises at the
time of completion of the Leased Improvements (the "Reduced Rent"). Until such time that
the Lessee's Improvements are completed in accordance with Section II.D. Lessee shall pay
the Original Rent. After Lessee's Improvements are completed Lessee shall pay the
reduced rent through 1-20-2007 and will be entitled to a refund or credit for the amount paid
in excess of the Reduced Rent for the pÿriod of this Lease Agreement up to and through the
date of completion of Lessee's Improvements.
2.
1-21-2007 thru 11-30-2034:
Annual rent shall be a sum equal to $0.20 per square foot of land area contained in the
Leased Premises as adjusted in accordance with Section IV.c. In this regard the rent
beginning 1-21-2007 may be greater than $0.20 per square feet. Monthly rental shall be
lI12(h of the annual rent.
Notwithstanding the foregoing, the annual lease rental will be reduced by the current lease
rate per square foot, as adjusted by the CPI-U referenced in Section N.c., times the number
of square feet comprising all easements established in accordance with Section II.E.
Provided, however, Parcel 2 shall only receive a rental abatement until such time as the
Lessor enters into a lease on the property east of Parcel 2. Should the Lessor receive a
bonafide offer from a third party on the property east of Parcel 2, Lessee shall immediately
initiate rental payments on Parcell at the Original Rent rate, On the effective date of this
Amendment, all rent will be recalculated on the basis of the total square footage shown in
Exhibit "A" and Lessee shall immediately pay any past due rent recalculated from the
effective date of the Lease,
- 2-
SECTION 4, That Section VII "Special Conditions" is hereby amended to read as
follows:
It is expressly understood and agreed by and between Lessor and Lessee that this Lease
Agreement is subject to the following special tenns and conditions.
RUNWAYS AND TAXIWAYS. Because of the present sixty thousand (60,000) pound
continuous use weight bearing capacity of Taxiway Alpha, Lessee herein agrees to limit all
aeronautical activity including landing, take-off and taxiing, to aircraft having an actual
weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such
time that the runway and designated taxiways 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 any aetivity of the
Lessee or its agents or subcontractors, and its customers and invitees, but shall not include
those activities over which it has no solieitory part or control, such as an unsolieited or
unscheduled or emergency landing. A pattern of violating the provisions of this section on
two or more occasions shall be sufficient to cause the immediate tennination of this entire
Lease Agreement and subject Lessee to liability for any damages to the Airport that might
result.
SECTION 5, At approximately the same time as the execution of this Amendment, the
Lessor and Lessee are negotiating a Lease Estoppel with a lender to finance the improvements
which would further amend the Lease. If such a Lease Estoppel is executed, it will be attached
to and made a part of the Lease the same as this Amendment.
SECTION 6. That save and except as amended hereby that the remaining sections,
subsections, sentences, paragraphs of the Lease shall remain in full force and effect.
~a:~~;e~~nt~sHo~~O~ )71- ~:~~; h?)-lül1ted this Fi~~o~endment to the
CITY OF DENTON, TEXAS, LESSOR
- 3 ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ¥"\~<~\Ù:D-Å,^
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
C¡ilb.~
.JET WORKS A VIA TION, INC.
BY: æ ~L.
CHRIS HOSKINS, PRESIDENT
ACKNOWLEDGMENTS
THE STATE OF TEXAS
~
COUNTY OF DENTON!i . 5t
This instrument was acknowledged before me on the,;;'! day of ()riff f / ,2005,
by Michael A. Conduff, City Manager of the City of Denton, Texa# on behalf of said
municipality.
JANE E. RICHARDSON
Notary Pubtic, State of Texas
My Commission Expires
4,Ü,~:V June 27, 2005
~11 @. ilL dLa[~)
N ¡ ARY PUBLIC, STATE OF TEXAS
-4c
THE STATE OF TEXAS
§
COUNTY OF DENTON
§
This instrument was acknowledged before me on the R day of ~ ' 2005
by Chris Hoskins, President, Jet Works Aviation, Inc" a Texas corporatlO , on behalf of saId
corporation.
~ Q~ ~I~"~
NO AR Y PUBLIC, STATE OF TEXAS
JULIE ANN MULLINS
Notary Public. State 01 Texas
My Commission Expires
Mav 27,2009
- 5 -
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BOUNDARY LEASE SURVEY
OUT OF THE
THOMAS TOBY SURVEY
ABSTRACT NO. 1285
DENTON COUNTY, TEXAS,
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LEASE ESTOPPEL
This Lease Estoppel (the "Agreement") dated June 21 ,2005 is entered
into by the CITY OF DENTON, TEXAS, a municipal corporation (hereinafter called "Lessor"),
JETWORKS AVIATION, INC. (hereinafter called "Lessee"), and SOUTHWEST BANK
(hereinafter called "Lender").
WHEREAS, the Lessee desires to obtain financing through Lender to facilitate the
construction of Lessee's Improvements, as defined and more fully described in Section II.D. of
the Lease (as hereinafter defined); and
WHEREAS, the Lender requires the parties to execute this Agreement before it will
provide financing to Lessee, the proceeds of which will be used to build Lessee's Improvements.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained
in this Agreement, the parties agree as follows:
ARTICLE 1 - DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
Lease: the Airport Lease Agreement - Commercial Operator - dated December 1, 2004
between the City of Denton, Texas, a municipal corporation, as lessor, and Jetworks
Aviation, Inc., a Texas corporation, as lessee, including the First Amendment to Airport
Commercial Operator Lease Agreement with Jet Works Aviation, Inc. dated June
~, 2005, and all extensions and modifications thereof and future amendments thereto.
Loan Documents: the documents, as modified, that are now or hereafter executed in
connection with or as security for the Southwest Bank Loans, including without limitation,
any promissory notes, loan agreements, guarantees, deeds of trust, security agreements,
certifications, and affidavits.
Proiect Prooertv: The leasehold estate in the real property created by the Lease and being
more particularly described on Exhibit" A" incorporated herein for all purposes.
Southwest Bank Loans: The loans from Lender to Lessee in the original principal amounts
of $1,100,000.00 and $770,000.00.
ARTICLE 2 - AGREEMENTS
Lender has agreed to extend long-term financing in the amount of $1,100,000.00 and
short-term financing in the amount of $770,000.00 to Lessee for construction of improvements
to the Project Property. The Southwest Bank Loans will be secured, inter alia, by liens against
LEASE ESTOPPEL
PAGE 1
Lessee's leasehold estate in the Project Property. In order to induce Lender to fund the Southwest
Bank Loans, and in consideration of the Southwest Bank Loans, the undersigned hereby agree as
follows:
1. Lessor's Consentto Granting and Existence of Liens. Lessor consents to the granting and
existence of liens against Lessee's leasehold interest in the Project Property to secure the
Southwest Bank Loans. Lessor and Lender acknowledge a subordinate and inferior
interest in Lessee's interest in the Project Property to be granted by Lessee in favor of the
Greater East Texas Certified Development Corporation ("CDC") and the United States
Small Business Administration (" SBA") and pursuant to that certain Lease Estoppel by and
between Lessor, Lessee, and the CDC of even date herewith which will be subordinate in
every respect to the rights of the Lender under this Agreement.
2. Lease Modifications and Cancellations. The Lease will not be modified or canceled
without the prior written consent of Lender, which consent shall not be unreasonably
withheld, conditioned or delayed. In the event the Lease is cancelled or terminated
pursuant to Section II or Section XIII, or any other provisions of the Lease, the Lender
shall have the right to: '
LEASE ESTOPPEL
(a)
acquire the Lease and assume all the Lessee's rights and obligations under
the Lease;
(b)
present to the Lessor a replacement lessee to assume all the Lessee's
obligations under the Lease, which replacement lessee must be approved by
Lessor; Lessor agrees that so long as the replacement lessee submitted by
Lender intends to conduct aeronautical and related activities as required
under the Lease, Lessor's approval of the replacement lessee shall not be
unreasonably withheld, conditioned, or delayed, or
(c)
exercise its rights pursuant to the Loan Documents to remove Lessee's
Improvements for furtl)er disposition free and clear of any claims of
Lessor, but only to 'the extent of Lender's interest in Lessee's
Improvements at the time of such removal, unless the Lessor purchases
Lessee's Improvements from Lender in accordance with Section VIII.C.4
of the Lease. In the event of such removal, the Lender shall pay all
delinquent rent and cure any other condition of monetary default then
existing, and, at its sole cost and expense, remove the Improvements to
ground level including all debris and including the foundation of buildings
if requested by Lessor, but not including removal of piers for
Improvements existing below ground level and otherwise deliver up the
Lease premises in as good condition as existed at the inception of the
Lease, reasonable wear and tear excepted. However, so long as Lender
shall cure a default as provided in Paragraph 8 of this Agreement in the
PAGE 2
'.. ..
event of a monetary default and/or comply with the provisions of Paragraph
9 of this Agreement concerning nonmonetary defaults, the fifty percent
(50%) reduction in the Purchase Price (as defined in the Lease) provided
for in Section VIII.C.4 of the Lease shall not be operative.
Provided, however, in the event of any cancellation of the Lease which is not caused by
a default of Lessor, Lessee, Lender or any assignee or successor in interest to Lessee shall
pay all Lessor's administrative costs of such cancellation, including without limitation, all
reasonable attorney's fees, administrative costs and Lessor's staff time associated with
such cancellation.
3. Lender's Right to Acquire Leasehold Estate. If there is a default under the Loan
Documents, then the Lender will have the right to acquire the leasehold estate through
foreclosure or assignment of lease in lieu of foreclosure. The Lender's acquisition of the
leasehold estate will not constitute a default or termination of the Lease.
4. Lender's Rights as Lessee. If the Lender acquires the leasehold estate as stated in
paragraph 3 above, then it will succeed to the rights of Lessee under the Lease, including
without limitation, the right to exercise any options exercisable by the Lessee under the
Lease. And in addition, and notwithstanding any provision contained in the Lease to the
contrary, the Lender, as lessee under the Lease, will have the right to assign the Lease or
to sublease all or any part of the Project Property to a replacement lessee who intends to
conduct aeronautical and related activities as required under the Lease, and Lessor's
approval of said replacement lessee shall not be unreasonably withheld, conditioned, or
delayed. Provided, however, in the event of an assignment of the Lease, Lender or the
replacement lessee shall pay all of Lessor's administrative cost of processing such
assignment as described in Paragraph 2 herein.
5. Lender's Duties as Lessee. If the Lender acquires the leasehold estate as stated in
paragraph 3 above, then it will be obligated to pay rent and to perfonn Lessee's other
obligations under the Lease, including paying any delinquent, back rental or other charges
and other financial obligations owed as a result of the default.
6. Notice of Defaults. Lessor agrees to give Lender written notice of all defaults under the
Lease. Notice of a default will be given Lender within thirty (30) days of the date that
Lessor becomes aware of such a default and will identify any default with specifity. If the
Lessor fails to give notice of a monetary default within the thirty (30) day period, Lender's
liability for payment of accrued rental or other charges will be limited to amounts accrued
during a period no longer 'than sixty (60) days preceding written notice of default given
to Lender in order to effect the cures provided in paragraphs 8 and 9 below. Any notice
given by one party to the other in conneCtion with this Agreement shall be in writing, shall
be deemed to be given on the date actually received, and shall be sent by certified mail,
return receipt requested, with postage fees prepaid, or via facsimile as follows:
LEASE ESTOPPEL
PAGE 3
.....
LESSOR:
City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Fax No. (940) 349-8596
LESSEE:
Chris Hoskins, President
Jetworks Aviation, Inc.
400 Gulf Stream Road, 9S
Fort Worth, Texas 76106
Phone (817) 626-4584
Fax No. (817) 626-1928
With a copy to:
Morton L. Herman
Cantey & Hangar L.L.P.
Burnett Plaza, Suite 2100
801 Cherry Street, Unit #12
Fort Worth, Texas 76102-6881
Fax No. (817) 877-2807
LENDER:
Southwest Securities Bank
3737 Southwest Loop 820
P.O. Box.962020
Fort Worth, Texas 76162-2020
Attn: Debra L. Cheek, Assistant Vice President
Fax No. (817) 292-6725
7. Lender's Right to Cure Defaults. The Lender shall have the right to cure any or all
defaults under the Lease.
8. OpJlortunitv to Cure Monetarv Defaults'. In the event of a material monetary default under
the Lease, Lessor agrees to give Lender a period of 60 days to cure the default before
exercising any of its remedies under the Lease. The first day of the sixty day period is the
day Lender actually receives the default notice.
9. Oooortunitv to Cure Non-Monetarv Defaults. In the event of a material non-monetary
default under the Lease, Lessor shall take no action to exercise its remedies under the
Lease if within sixty (60) days following receipt by the Lender of a default notice: (i) the
Lender has cured any non-monetary defaults that are susceptible of being cured by it (by
way of example but not limitation, Lender will not be required to cure any default of
Lessee under Paragraph XIII of the Lease caused by a Lessee bankrupty); and (ii) the
,
LEASE ESTOPPEL
PAGE 4
Lender has commenced all necessary action to obtain possession of the Project Property,
the Lender is diligently proceeding to obtain possession of the Project Property, and any
rental and other amounts due under the Lease, with all interest, penalties and other charges
that may be due under the Lease, have been and continue to be paid to Lessor.
10. Subordination of Landlord's Lien. Lessor agrees all rights to maintain or enforce a
statutory or contractual landlord's lien, security interest, or any other claim against
Lessee's personal property located on the Project Property shall be subordinate to the liens
of the Lender on such personal property provided Lender pays any delinquent rentals
accrued, subject only to the limitations contained in Section 6 hereof.
II. Condemnation Awards and Hazard Insurance Proceeds. Lessor and Lender agree that
notwithstanding the provisions of the Loan Documents between the Lender and Lessee
dealing with the control and application of any condemnation award or casualty insurance
proceeds, that as between the Lessee and Lender, it is agreed that in the event of damage
or loss to the Project Property, which loss or damage is covered by hazard insurance, the
Lender, at Lender's discretion, will utilize hazard insurance proceeds under its control to
the extent available to either:
(a) Fully repair any loss or damage to the Project Property and the underlying
premises to the condition it was in immediately prior to the hazardous event
causing the loss or damage for which the insurance proceeds were received; or
(b) Remove any damaged Project Property, including debris, to ground level, and
including the foundation of buildings, if requested by Lessor, but not including
removal of piers below ground level and otherwise deliver up the Lease premises
in as good condition as existed at the inception of the Lease, reasonable wear and
tear excepted.
12. Conflicts. In the event of a conflict between the terms of the Lease and this Agreement,
the terms of this Agreement will control, provided that all terms of the Lease which are
not in conflict with this Agreement shall remain in full force and effect.
13. Binding Effect. This Agreement shall be binding upon the undersigned and their
successors, assigns, and legal representative. This Agreement is intended to benefit and
may be enforced by the Lessor, the Lender and their successors, assigns, and legal
representatives. This Agreement is given to assure the Lender and its successors and
assigns, as to the interpretation of certain Lease provisions affecting the Lender's interests.
It is not intended to confer nor shall it confer any right or benefit upon the Lessee or any
third party other than Lender.
LEASE ESTOPPEL
PAGE 5
LESSOR:
City of Denton, Texas, a municipal
corporation
tvY'
ATTEST:
Jennifer Walters, City Secretary
By:c;Jlll 1lL(~11 !l/{dm, (Z:!li.
I
APPROVED AS TO LEGAL FORM:
Edwin M. Snyder, Interim City Attomey
By 7MH&T
LESSEE:
~4l?#L
H. Christopher Hoskins, President
LENDER:
Southwest Bank
BY:~/~ 1M
~~ I' J,$~,bp( J
Title: (AC:-C tJ1~ / .l.l>..v/
,
LEASE ESTOPPEL
PAGE 6
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on
this day personally appeared Michael A. Conduff, City Manager of the City of Denton, Texas,
a municipal corporation, known to me to be the person whose name is subscribed to the foregoing
document and acknowledged to me that he executed the sarne in the capacity therein stated and
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ~ day of
Q7'-r9 r ,2005.
~-~
o A~LIC, State gTexas
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on
this day personally appeared H. Christopher Hoskins, President of Jetworks Aviation, Inc., known
to me to be the person whose name is subscribed to the foregoing document and acknowledged
to me that he executed the same in the capacity therein stated and for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ..2..:i day of
---C:1, , Y\ 0 , 2005.
~J..~ n YlA'\.L-yj1) {,cUUuaJ
N T ARY PUBLIC, State of Texas
~~~~~'\':~:':'.
i'*: ":~
-. '-
-. .-
~;I'.;\~~i
'''/jf,~,\\\''
JULIE ANN MULLINS
Notary Public, State of Texas
My Commission Expires
May 27, 2009
LEASE ESTOPPEL
PAGE 7
STATE OF TEXAS ~
~
COUNTY OF T ARRANT ~
BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on
this day personally appeared '""'iA'rk(l-\J~N'f\l 6:::' ,
of Southwest Bank, known to me to be the person whose name is subscribed to the
foregoing document and acknowledged to me that she/he executed the same in the capacity therein
stated and for the purposes and consideration therein expressed.
~IVEN UNDER MY HAND/AND SEAL OF OFFICE,
If)~ '~')-oO)
~Wi~L
NOTARY PUBLIC, State of Texas
IJ
this the 2') day of
SHERRY WiLHITE
NOTARY PUBLIC
STATE OF TEXAS
My !!omm. Exp. 09-17-2007
LEASE ESTOPPEL
PAGE 8
J
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