2004-362
%(+$1$%$1$-"$%.1,
2004362
7
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords
Act
Other
%(+$2#§º«(´¯º¯§²¹
FirstAmendmenttoLeaseAgreement&LeaseEstoppelK
OrdinanceNo.200518406/21/05JR
SecondLeaseEstoppelKOrdinanceNo.200521808/16/05JR
AssignmentofLeaseKOrdinanceNo.200714507/17/07JR
ThirdAmendmenttoLeaseAgreementKOrdinanceNo.200808104/15/08JR
LeaseAssignmentofCommercialOperatorsLeaseK
OrdinanceNo.201327110/01/13JR
S:\Our Documents\Ordinances\04\Airport Lease-JetWorks.doc
ORDINANCE NO. c'~D04- ---~ ~
AN ORDINANCE APPROVING A COMMERCIAL OPERATOR AIRPORT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JET WORKS
AVIATION, INC. AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an airport
lease agreement for commercial operator between the City of Denton and Jet Works Aviation,
Inc. at the Denton Municipal Airport, in substantially the form of the Airport Lease Agreement
which is attached to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / ~ ~--~ day of //ff~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBE. RT~::~U~ ATTORNEY
BY: "' ~' - ~
A1RPORT LEASE AGREEMENT
COIvIMERCIAL OPERATOR
~ Lease Agreement is made a~ executed to be effective as of the First day of
Decomber, 2004 (the "Effective Date") at Denton, Texas, by and between the City of
Denton, Texas, a municipal corporation, hereinalter referred to as "Lessor", and Jet Works
Aviation, Inc., a Texas corporation, here~na~er referred to aa "Lessee".
W1TNESSETH:
WHEREAS, Lessor now owns, controls and operates the Denton Municipal Ahport
(the "Airport") in the City of Denton, County of Denton, State of Texas; and
WHEREAS, Lessee desires to lease catain premises at thc Airport and construct and
maintain an aircraft hangar and related aviation facilities thereon;
NOW, THEREFORE, for and in consideration of the promises md the mutual
covenants contained in this Agreement, the parties agree as follows:
NOTWITHSTANDING ANY LANGUAGE TO TI-Il/ CONTRARY I-II/REINAFTER
CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS
SECTION SHAI J. BE BINDING.
A. PRINC, IPI.R.q C~F OPRRATIIDN.R The right to conduct aeronautical and related
activities for fum/shlng saxdces to the public is granted to Lessee subject to Lessee
agreeing:
1. To fum/sh said serviees on a fair, exlual and not unjustly discriminatory basis
to all users thcrcof; and
2. To charge fair, reasonable and not unjustly discriminatory prices for each unit
or service; provided, that Levee may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions
to volume purchasers.
B. N13N-r)I,qCRIIvrINATI('}N'~ Lessee, for itself, its pea-sonal representatives,
successor, and assigns, as a part of the consideration hereof, does hereby
covenant and agree as a covenant l~mning with the land that:
1. No person on the grounds of race, religion, color, sex, or national origin shall
be excluded from participation in, denied the benefits ot; or be otherwise
subjected to discrimination in the use of said facilities;
2. In the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the grounds of race, religion,
color, sex, or national origin shall be excluded from participation in, denied
the benefits of, or otherwise be subjected to discrimination;
Lessee shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretsry, P~t 21, Nondiscrimi-
nation in Federally assisted program~ of the Department of Transportation -
Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may
be amended.
C. RTGI-IT OF INT)IVB3TTALq TCI MAIN-TATI~' AIRC~AI~F It is clearly
understood by Lessee that no right or privilege has been granted which would operate to
prevent any person, firm or enrporatlon operating aireraR on the Airport fi'om performing
any services on its own aircraft with its own regular employees (including, but not limited
to, maintenance and repair) that it may choose to perform.
D. Iq'oN-R~CI.IIRIVR I~IGI-IT It is understood and agreed that nothing her64~
contained shall be construed to grant or authorize the granting of an exclusive fight within
the meaning of Title 49 U.S.C. Appendix §1349.
E. PTIRI,TC~ AR~'.A~
Lessor reserves the right to further develop or improve the landing area of the
Airport as it sees fit, regardless of the desires or views of Lessee, and without
interference or hindrance.
Lessor shall be obligated to maintain and keep in good repair the landing area
of the Airport and all publicly owned facilities of thc Airport, together with the
tight to divot and control all activities of Lesse~ in this regard.
During time of war or national emergency, Lessor shall have the righ~ to lease
the landing area or any part thereof to the United States Gow~,~nt for
military or naval use, and, if such lease is executed, the provisions of this
iusinunent insofar as they are inconsistent with the provisions of the lease to
the Government, ~hall be suspe~lecL
Lessor reserves the right to take any action it considers necessmy to protect the
aerial approaches of the Airport agaln~t obstruction, together with the right to
prevent Lessee from erecting or permitting to be erected, any building or other
stmotore on or adjacent to the Airport which, in the opinion of Lessor, would
limit the usefulness or safety of the Airport or constitutc a hazard to aircraft or
to aircraft navigation. The hangar/office/shop complex as currently proposed
as provided in Section ILD. does not violate this provision.
5. This Lease Agreement shall be subordinate to the previsions of any existing or
future agreement between Lessor and the United States or agency thereof,
relative to the operation or maintenance of the AirporL
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 lease
from Lessor, for thc lease i~m described in Paticle NI, the following described land situated
in Denton County, Texas:
A. r ~,d A tract of land, being approximately 200 feet by 275 feet by 240 feet by 270
feet or 1.3636 acres, drawn and outlined on Attachment "A", and legally described in
Attachment "B" as Parcel 1, such attachments being incorporated herein by reference (the
"Leased Premises").
Together with the right of ingress and egress to the Leased Premises; and the right in
common with others so authorized of passage upon the Airport property generally, subject
to reasonable regulations by the City of Denton and such rights shall extend to Lessee's
employees, passengers, patrons and invitees. For proposes of this agreement, the term
"Leased Premises" shall mean all property located within tho metes and bounds described
and identified within Attachment "B", including lessehold improvements constructed by the
Lessee, but not including certain easements or property owned and/or controlled by the
Lessor.
A legal description of the leased premises is not currently attached as Attachment "B".
Lessee shall deliver to Lessor no later then 30 days after the date of this Agreement a legal
description of the leased premises accurately describing the leased premises that is
acceptable to Lessor. If Lessee fails to do so, Lessor at its option may terminate this
Agreement, in which case it will have no further force and effect. The approved legal
description will be attached to this Agreement as Attachment '~".
B. Ri~oht of Firgt Refi,~l. SO long as Lessee is in compliance with all construction
requirements pertaining to Lessee's Improvements as set forth in Section liD. below and is
not in default of any term or condition of this Lease Agreement,, Lessee shall have a right
of first refusal (the '~dght of First Refusal'')to lease Parcel 2 which is more particularly
described in Attachment "A'or any portion thereof to which Lessor receives a written offer
to lease (the "Offer to Lease"). The Right of First Refusal ghall be effective for a period of
three (3) years aRer the Effective Date (the "Option Period").
Should Lessor receive an Offer to Lease from a third party during the Option Period
that Lessor has an interest in conslmlmating~ Lessor shall give Lessee a written notice of
such Offer to Lease along with a copy of said Offer to Lease (the "Notice"). If Lessee
desires to exercise its Right of First Refusal it shall no later than 45 days after the receipt of
the Notice tender to Lessor a signed written lease with identical terms and conditions as are
contained in the Offer to Lease (the "Dead Line'S. If Lessee falls to meet the Dead T,ine, the
Right of First Refusal will be null and void and of no further force and effect.
C IMPROV~.~g pI~OVTDF. DR¥ T.F.~r ~e o~y ~prov~ pro~d~ by
~sor, exert ~ sot fo~ ~ ~cle ~F. "A~s to U~fi~" below, shall be ~ renews:
~or ~ con~u~ p~annln~ effo~ ~ ~ T~ D~ent of T~po~fio~
A~afion Di~sion ~OT) to completo ~ planned o~ion of ~e no~ t~inal ~n
~ d~ic~ ~ ~ on A~t ~ ~e ~sor ~ ~mplc~ ~o ~cfion of ~
p]ann~ ~n e~ion prior to ~s~'s ~mpl~on of ~s~'s ~v~, s~j~t to
· e ~pt of ~g ~m Tex~ D~t of T~o~on ('~of% Sho~d T~ot
not provide ~ n~ ~g ~ ~ ~ m~t ~s de~dllne ~ ~ssor ~ ~1~ a
posen ofplnnn~ ~mn e~on ~t is at 1~ 1~ f~t ~de ~j~t ~ ~'s ~g~
facifi~ on P~cel 1, ~g m 50 f~ ~de ~ p~de ~s m T~way ~p~ ~en
~or r~ives ~e n~ess~ ~g ~om T~o~ ~sor ~ ~mpl~e ~e r~ain~ of
plied ~n ~on.
Lessor ghall complete conatmction of water utility infrastructure for a looped
extension for a rainimmn six-inch water line approximately 1,000 feet in length prior to the
is~!ance of a certificatc of occupancy for Lessee's Improvements.
The term "Lessor improwanents" shall mean those things on or adjacent to the Leased
Premises belonging to, constructed by, or to be constructed by the Lessor. 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 above ref~r~lced and attached to
this Agreement in an exhibit approved by Lessor.
D.. TMPROVlq, MI~qTg PROVII3RDRVT.P. ggRR. On the Leased PR~mises, Lessee
shall construct a hangar/office/shop complex with a minimum of 26,000 square feet. The
hangar space shall be a minimum of 18,000 square feet and the office/shop space shall be a
minim~ml of 8,000 square feet. Lessee shall constntct an aircraft staging ramp 20 feet by
270 feet that will access the public ramp south of the proposed facility. Lessee shall also
construct appropriate culverts or drainage ag ~equired by City ordinances in the utility fight
of way south and north of'the proposed hangar ag well ag other improvements ag det~t inlned
necessary by City ordinances (All above described improvements to be constricted by
Lessee are cared the 'q-eagee's Improvements"). Construction of Lessee's Improvements
shall be commenced no later than 270 days and completed no later than 720 days aRer 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 arc 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 am
completed.
Notwithstanding anything contained in this Lease Agreement to the contrary, a
failure to complete the Lessee's Improvements within the Construction Period may, at
the sole option and discretion of the Lessor, result in the immediate termination and
cancellation of this Lease Agreement upon 30 days written notice of cancellation to
Lessee. In such case Lessee's rights under the Lease Agreement will immediately
cease and be forfeited, and all of Lessee's Improvements shah immediately become the
property of Lessor at no cost, expense or other compensation paid by Lessor to
Lessee; and Lessee shah immediately vacate the Leased Premises.
E. ~.AgI~.MRNWg Lessor and Lessee by mutual agreement may establish, on the
Leased Premises, easements for public access on roads and taxiways.
F. ACc~.,q.q TO ITT1T.ITrI~.g. Lessor re'presents that there aro water, sewer and 3-
phase el~ricity lines w/thin close proximity to the Leased Promises available to "tap-in" by
Lessee, and that the same are sufficient for usual and customary service on the Leased
Premises.
The term of this Lease Agreement shall be for a period of thirty (30) years, eom-
mencing on the 1st day of December, 2004 end continuing through the 30~ day of
November of 2034, unless earlier terminated under the provisions of the Lease Agreement
(the '~ase Term"). Lessee has the option to renew for two (2) additional ten (10) year
terms. In order to exercise the first option Lessee must provide written notice to Lessor of
its intent to exercise the first 10 year option no later than 180 day before the expiration of
the 30 year primary term. To exercise the second option such written notice must be
provided no latc~ than 180 days before the expiration of the first 10 year option tv~m. The
rental and terms to be negotiated for the option terms shall be reasonable and consistent
w/th the then value, rentals and terms of similar property on the A/rport.
IV. PAYMIq3~g: RFi3NTALg A'NID lq'Rl~,q
Lessee covenants and agrees to pay Lessor, as consideration for this Lease Agreement,
the following payments, rentals and fees:
A. l,a-tI r~ntsl shall be due and payable to Lessor in twelve (12) equal monthly
inslallments in the sums set forth below, on or before the 1st day of each and every month
during the tcrm of this Lease Agreement. Lessee has the option to pay annual rentals and
fees in whole on or before the 1st day of October, at the be~nning of the City's fiscal year,
each and every year of this Lease Agreement.
Annual rent shall be a sum equal to $0.20 per square foot of the land area contained in thc
Leased Premises (the "Ol'j~nal Rent'). Monthly rental shall bo 1/12~ of the annual rent.
Notwithstanding the foregoing, so long as Lessee oomplies w/th the consh'uctiun
requirements of Lessee's Improvements contained in Section II D. and is not otherwise in
default of any term or condition of this Lease Agreement the annual rent sh,-dl 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 Lmprovements are completed
in accordance with Section ll.D. Lessee shall pay the Original Rent. A~er
Lessee's Improvements are completed Lessee shall pay the reduced rent through
! 1-30-2007 and will be entitled to a refund or credit for the amount paid in excess
of the Reduced Rent for the period of this Lease Agreement up to and through the
date of completion ofLessee's Improvements.
12-1 i2007 thru 11 oqO-20q4:
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 beginningmt2-1-2007 may be greater than $0.20 per square feet. Monthly
rental shall be 1/12 of the annual rent.
Notwithstanding the foregoing, the aunual lease rental will be reduced by the current lease
rate per square foot, as adjusted by the CPI-U referenced in Section IV.C, times the number
of square feet comprising all easements established in accordance with Section 1I.E..
B. T.R~q~qOR IMPROVR~q RBTNTAI.q. NONE:
improvements on the Leased Premises.
There are no Lessor
C. PAVAffF[,NT:p~.NAT.T¥. AD.IILqTM1RNT~q 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, Texas, unless otherwise designated
in writing by the Lessor. If payments are not received on or before the 15th day of the
month, 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 mount will be due. A one percent (1%) charge will be added on the fa'st of each
subsequent month until the unpaid rental/fee payment is made. The Original Rent for the
Leased Premises shall be readjusted at the end of each one year period during the Lease
Term on the basis of the proportion that the then current United States Consumer Price
Index for all urban consumers (CPI-U) for the Dui[as-Fort Worth Bureau of Labor Statistics
bears to the previous odd month 2004 index (September), which was 179.7 (1982-84 =
100). Each rental adjustment, if any, shall occur on the 1st day of October, beginning
2006, and every other year thereafter on such date.
The adjustments in the yearly rent shall be determined by multiplying the Original
Rent by a fraction, the numerator of which is the index number for the last month prior to
the adjustment, and the denominator of which is the index number applicable at the
execution of this Lease Agreement. If the product of rids multiplication is greater than
AIRPORTLEASEAGREEMENTJetWorl~ - Page 6
the Original Rent, Lessee shall pay this greater amount as the yearly rent until the time of
the next rental adjustment as called for in this section. If tho product of this multiplication
is less than tho Original Rent there shall b~ no adjustment in the anmlal rent at ~ 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 What the annual rental payment detgii;ilmxi for any given
two-year period shall not exceed the annual rental payment calculatcd for the previous
CPI adjustment by more than twenty [greent (20%) percent.
If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort
Worth geographical region, as compiled by the U.S. Depai~nent of Labor, Bureau of Labor
Statistics, is discontinued during the Lease Te~m, thc remaining rental adjustments called
for in this section shall be made using the formula set forth above, but by substituting the
index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For
All Items For All Urban Consumers (CPI-U) for the index numbem 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
Lease Twin, the ren~aining rental adjustments called for in this section shall be made using
the statistics of the Bureau of Labor Statistics of thc United States Depar~nent of Labor What
are most nearly comparable to thc CPI-U applicable to the Dallas-Fort Worth geographical
region. If the Bureau of Labor Statistics of thc United States Depmlment of Laber ceases to
exist or ceases to publish statistics concerning the purchasing power of the consumer dollar
during the Lease Term, the remaining rental adjustments called for in this section shall be
made using the most nearly comparable statistics published by a recognized financial
authority selected by I_~ssor.
A. ][l.qR OF I.F.A.ql~]3 PRI~.MIgI~q. Lessee is granted the non-exclusive privilege to
engage in owner/operator activities providing the following aviation services:
1. C~er~l Aimmfl' Malnt~nanc~.: L~see is granted the non-exclusive right to
conduct aLrframe and power plant maintenance.
Avlnnies: Lessee is granted the non-exclusive right to provide for the sale,
installation and maintenance of ahuratl avionics and associated electrical
equipment
3. 14a"gar g?ee le~Lqing Lessee is granted the non-exclusive right to rent
hangar space.
4. Office g?ee Te~slng Lessee is granted the non-exclusive right to rent office
space.
5. Aimm0.li~l~r~ Lessee is granted the non-exclusive right to rent space
for the repair, restoration, or reimtallafion of aircraft interior components.
Lessee, its tenants, employees, invitees and guests ~hal! not be authorized to conduct
any sewices not specifically listed in this Lease Agreement. The use of the Leased Premises
by Lessee, its tenants, employees, invitees or guests shall be limited to only those private,
commercial, retail or industrial activities having to do with or related to airports and avia-
tion. Except as specifically authorized in this Lease Agreement, no person, business or
corporation may operate a commercial, retail or industrial business upon thc Leased
Premises or upon the Airport without a lease or license f~om Lessor authorizing such
commercial, retail or industrial activity. The Lessor shall not u~reusonably withhold
authorization to conduct aeronautical or rclated services.
B. STANDARD,R Lessee shall meet or exceed the following standards:
Arlar~ Lessee shall file with the Airport Manager and keep current its
n~illng addresses, telephone numbers and contacts where it cea be reached in
2. t.int. Lessee shall file with the Airport Manager and keep current a list of its
tenants and sublcssees.
Conrh,et. Lessee aball contractually require its employees end sublessees (and
sublessee's invitees) to abide by the terms of this Lease Agreement. Lessee
shall promptly enforce its contractual tights in the event of a default of such
covenants.
Utilifien; Ta~e~ and g~n. Lessee shall meet all expenses and payments in
connection with the use of the Leased Premises and the rights and privileges
herein granted, including the timely payment of utilities, taxes, p~.~.t fees,
license fees and assessments lawfully levied or assessed.
r.awn_ LeSSee shall comply with all current and future federal, state and local
laws, rule~ and regulations which may apply to the conduct of business
contemplated, including rides, regulations and ordinances promulgated by
Lessor, and Lessee shall keep in effect and post in a prominent place all
necessary and/or required licenses or permits.
Ma;nto~anea' nC Pm?ny. Lessee shall be ~mible for ~e m~t~ce,
r~ ~d ~ke~ of ~ pr~, b~ld~, s~c~ ~d ~ov~,
~clud~g ~e mo~ or e~on of ~s ~d o~ vege~fion on ~e
~ ~iges, ~d shall ke~ &e ~ ~s~ n~ cl~ ~d ~
~p~le con~fio~ ~e ~om my objecfio~ m~ or ~ ~clu~
~ or debHs. ~e a~ not ~ ufi~e or p~t o~e~ ~ u~!ize ~ on
~e ~ Pm~es wMch ~ loc~ on ~c o~ide of ~y ~ or
b~g for ~e stsc of ~k~ or p~m~fly ~1~ ~, ~
p~, au~omob~es, ve~cl~ of ~y ~e, or my o~ ~pm~t or i~s
which would distract fiom the appearance of thc leased premises. Lessee
agrees that at no time shall thc Leased Pr~mises be used for a flea mafl~et type
sales operation.
Pninfin~ oFl~nilc]in~ During the Lease Term of this Lease Agreement and
during each cxtemion, Lessor shall have the right to require, not more than
once every five years, that the metal exterior of hangar(s) or building(s)
located on the Leased Premises be repainted. The Lessor may require Lessee
to ~aint said exteriors according to Lessor's specifications (to specify color
of paint, quality of wor~nanskip and the year and month in which the
hangar(s) or building(s) are to be painted, if needed.) Lessee ~hall 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
involved in the lumgar or building painting process. Failure of Lessee to
complete the painting required by Lessor, within the one (1) year period shall
constitute Leasee's default under this Lease Agreement.
1 }'pm~thnH~ecl 11~R tlr T e~efl Premise& Les$ee ~ay ~o: ~ ~y of ~e ~
P~s~ for ~y ~e not au~o~ h~ ~ess ~sor ~v~ ~ ~or
~R~ appmv~ of ~h ~fio~l ~e. Wi~out liming ~e fo~o~g ~e
~ ~ ~ not be ~ for ~e op~on of a motel, hote~
~t~t, p~vate cl~ or b~, ap~t ho~e, ~e of re~on~
v~cl~, automobile, or m~e ve~cl~, or for ~du~ ~mm~ re~h
or o~ p~os~, except ~ ~ h~.
F~wellin~ It iS expressly understood and agreed that no dwelling or domicile
may be built, moved to or established on or within the Leased Premises nor
may lessee, its tenants, employees, invitees, or guests be pwmitted to reside or
remain as a resident on or within the Leased Premises or other Airport
premises.. Lessee may have a pilot lounge, including restroom and shower
facilities for use by ~ght crew and passengers.
10.
Q~fit Pn~e~inn Lessee ~hall quit possession of the Leased Premises at the
end of the Lease T~m or any renewal or extension thereof~ or upon
eaneeliation or termination of the Lease Agreement, and deliver up the Lease
Premises to Lessor in as good enndition as existed When possession was taken
by Lessee, reasonable wear and tear excepted.
11. ]'r~demnlty. Lessee must indemnify, hold harmless and defend the Lessor, its
officers, agents and employees, from and against liability for any and all
el,ling, liens, suits, demands and/or actions for damages, injuries to persons
(including death), property damage, (including loss of use), and expenses,
ineinding court costs, aRomeys' fees and other reasonable costs, occasioned
by or incidental to the Lessee's occupancy or use of the Leased Premises or
the Airport and/or activities conducted in connection with or incidental to this
Lease Agreement, including all such eanses of action based on common,
12.
13.
constitutional or statutory law, or based in whole or in part upon the negligent
or intcntional acts or omissions of Lessee, its officers, agents employees,
invitees or other persons. Lessee must at all times exercise reasonable
precautions on behalf of, and bc solely responsible for, the safety of its
officers, ~mployees, agents, customers, visitors, invitees, licensees and other
persons, as well as thcir property, while in, on, or involved in any way with
the use of the Leased Promises. The Lessor is not liable or responsiblc for
the negligence or intentional acts or omissions of the Lessee, its o~cers,
agents, employees, agents, customers, visitors and other persons. The Lessor
shall assume no responsibility or liability for harm, injury, or any damaging
events which arc directly or indirectly attributable to premise defects, whether
real or alleged, which may now exist or which may hereafter arise upon the
L~ascd Premises, responsibility for all such defects being expressly assumed
by the Lessee. Thc Lessee agrees that this indemnity provision applies to all
claims, suits, demands, and actions arising from all premise d¢£ects or
conditions.
~hem~e~l,~. Lessee agrees to prop~ly store, collect and dispose of all chmnicals
and chemical residues; to properly store, confine, collect and dispose of all
paint, includiug paint spray in the atmosphere, and paint products; and to
comply with all Local, State and Federal regulations governing the storage,
ha~dllng or disposal of such chemicals and paints. Further, the Lessee shall be
solely responsible for all dischargcs, whcthcr aecidentsl or intentional, of any
chemical and for the costs associated with the cleanup, remediation and
disposal of said chemicals.
14s~ar~n~s Ac. firefly. Should Lessee violate any law, rule, restriction or
regulation of the City of Denton or the Federal Aviation Administration, or any
other regulatory authority, or should the Lessee engage in or permit other
persons or agents to engage in activities which could produce hazards or
obstruction to air navigation, obstructions to visibility or interference with any
aircraft navigational aid station or device, whether airborne or on the ground,
than Lessor shall state such violation in writing and deliver writtan notice to
Lessee or Lessee's agent on the Leased Premises, or to thc person(s) on thc
Leased Premises who are causing said violation(s), and upon d~livery of such
written notice, Lessor ~hall have the right to demand that the pa~on(s)
responsible for the violation(s) cease and desist from all such activity creating
the violation(s). In such event, Lessor .~hall have the right to demand that
corrective action, as required, be commanced immediately to restore the Leased
Premises into conformance with the particular law, role or aeronautical
regulation being violate~ Should Lessee, Lessen% agent, or the person(s)
responsible for the violation(s) fail to cease and desist l~om said violation(s)
and to immediately commance correcting the violation(s), and to complete said
corrections within twanty-four (24) hours following written notification, then
Lessor shall have the fight to anter onto the Leased h=mises and correct the
violation(s) at the sole cost and expanse of Lessee, and Lessor shall not be
responsiblc for any damages incun-ed to any improvemants on the Leased
Premises as a result of the corrective action process. In addition, such violation
shall be considered a material default by Lessee authorizing Lessor, at its sole
option and discretion, to immediately terminate and canccl this Lease
Agreemant.
C. gTCvNS. No signs, posters, or other similar devices ("Si~nage") shall be placed on
the exterior of the lease Improvemants or on any portion of the Leased Premises or Akport
property without the prior written approval' of Lessor. Lessee, at its sole expense, shall be
responsible for the creation, installation and maintenance of all such Signagc. Lessee shall
pay to Lessor any and all damages, injuries, or repairs resulting from the installation,
maintenance or repair of any such Signage. Any Signagc placed on the Leased Premises
shall be maintained at all times in a safe, neat, sightly and good physical condition. All
signage shall be removed from thc Leased Plemises by Lessee immediately upon receipt of
instructions for removal of same from Lessor, including without limitation, upon expiration
or termination of this Lease Agreement. If Lessee fails to remove the Signage than Lessor
may do so at tho sole cost and expense of Lessee. Lessee .~hall be permitted the right to
place two wall signs, no greater than thirty-two square feet each, idantifying the commcrcial
hangar operation. All signage shall comply with all applicable ordinances including the
City of Denton sign ordln~nce."
D. ENTRY. Lessor and its designees shall have the right to anter the Leased
Premises upon reasonable advance notice (written or oral) and at any reasonable times for
the purposes of inspecting the Leased Premises, performing any work wkich Lessor elects
to perform under this Lease Agreemant, and exhibiting thc Leased Premises for sale,
lease, or mortgage. Nothing in this section shall imply any duty upon Lessor to do auy
work, which under any other provision of this Lease Agreement Lessee is required to
perform, and any performance by Lessor shall not constitute a waiver of Lessee's default.
Lessor hereby agrees as follows:
A. p~AC~.I~N. RNIOV/Vm. NT Upon on payment of all rent, fees, and performance
of the covenants and a~ements on the p~rt of Lessee to be performed hereunder, Lessee
~hall peaceably hold and enjoy the Leased Prc~nises and all fights and privileges herein
B. COMPIJANC. P. Lessor warrants and represents that in the establL~hment,
conslxuction and operation of the Airport, that Lessor has heretofore and at this time is
complying with all existing rules, regulations, and criteria distributed by the Federal
Aviation Admlni~xation, or any other governmental authority relating to and including, but
not limited to, noise abatement, air fights and easements over adjoining and contiguous
area~, over-flight in landing or takeoff~ to the end that Lessee will not be legally liable for
any action of txespass or simJlax cause of action by virtue of any aerial operations of
adjoining property in the course of normal take-off and landing procedures from the
Airport; Lessor further warrants and represents that at all times dtuing the Lease Term, or
any renewal or extension of same, that it will continue to comply with the foregoing.
VIL RP~CIA T. ~C~'NDVPICiKIR
It is expressly understood and agreed by and between Lessor and Lessee that this
Lease Agreement is subject to the following special t~tms and conditions.
R~-vVA¥~ AND TAYIWA¥.~. Because of the present sixty thousand (60,000)
pound continuous use weight bearing capacity of the taxiway of Lockheed, Lessee heroin
agrees to limit all aeronautical activity including landing, take-off and taxiing, to aircraf~
having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds
or less, until such time that the nmway and designated taxiways on the Airport have been
improved to handle aircra~ 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 thia clause shall include any
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 violating the provisions of
this section on two or more occasions shall be sufficient to cause the immediate termination
of this entire Lease Agreement and subject Lessee to liability for any damages to the Airport
that might result.
VHI. T ,~A~qRT-TC~T,D l~R C)VR~NYT'.q
A. ]?RQI]~K1V~,),,~T.q~ Before commencing the cons(tuction of any iraprovcments
on the Leased Premises including Lessee's Improvements (thc "Lease Improvements"),
Lessee shall submit:
Documentation, specifications, or design work, to be approved by the Lessor,
which shall establish that the improvements to be built or constructed upon the
Leased Premises are in conformance with the overall size, shape, color, quality
and desi~a, in appearance and structure of the program established by Lessor
on the Airport.
2. All plans and specifications showing the location upon the Leased Premises of
the proposed consa'uction and improvements;
3. The estimated cost of such construction.
No construction may commonoo until Lessor has approved the plans and
specifications and the location of the Lease Improvements, and the ~timated costs of such
constmctior~ Approval by the Lessor shall not be unreasonably withheld. Documentary
evidence of the actual cost of construction on public areas only (such as taxiways) shall be
delivered by Lessee to Lessors City Manager from time to time as such costs are paid by
Lessee, and Lessor's City Manager or designee is hereby authorized to endorse upon a copy
of this Lease Agreement filed with the City Secretary of Lessor such actual mounts 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 Lease Agreement.
No later than 30 days after completion of thc Lease Improvements, Lessee shall
submit to Lessor detailed as built plans of the Lease Improvements and documentary
evidence acceptable to Lessor evidencing the total cost to construct the Lease Improvements
("Cost to Consmtet Lease Improvements'3.
B. ADDITIONAI. /2C)N.qTRIIC. TION OR IMPR/3VRMENTR: Lessee ks hereby
authorized to construct upon the Leased Premises, at its own cost and expex~e, build/ngs,
hangars, and slnactures, that Lessor and Lessee mutually agree are necessary for usc in
connection with the operations authorized by this Lease Agreement, provided however,
Lessee shall comply with all of the requirements of Section VIII.A., above. Such additional
improvements shall be a part of the Lease Improvements.
C. C~v'~R~T-I-TPO~'I%IPROVI~q~ Except as othendse provided in this
Lease Agreement, the Lease Improvements cons~ucted upon the Leased Premises by
Lessee shall remain the property of Lessee during the Lease Term subject to the following
conditions, terms and provisions:
1. Rtmanval of ~nilrling~ No building or permanent fixture may be removed
~'om the Leased l~mises.
A~.m?ion_ Thc Lease Improvements shall automatically become the
property of Lessor absolutely flee, without any cost to Lessor, at the end of the
Lease T~z~. or any extension thereof.
Ca~ee. llntlnn nr Termi~6nn. Should this Lease Agreement be cancelled or
terminated before the end of the Lease Te~n, or extension th~renf~ Lessor shall
have the right to purohase all of the I~ase Improvements. In the event of a
cancellation or t~.uination, other then duc to a default by L~sce that has not
been cured as provided below, the purchase price shall be equal to the most
recent value of the Lease Improvements as det~j'l~ined by the Denton County
Central Appraisal District ("Value of the Lease Improvements") reduced by
1/30 for each year of the Lease Term that bas expired as of the date of
termination (the "Purchase Price"). Should the Denton County Central
Appraisal District not determine a sq~arate value for the Lease Improvements,
or should such sq~arate valuation bo older than two years, then the Puxchase
Price will b~ determined talclng file Cost to Consmmt the Lease Improvements
reduced by 1/30 for each year the Lease Term ~ expired as of the date of
t~s ~,dnatien~ ffthe t~rmination or cancellation is due to a default by Lessee that
Las not been cured within 30 days after written notice of default to Lessee,
then the Purchase Price as determined above shall bo reduced by 50%.
However, if Lessee provides written notice to Lessor within said 30 day ~ure
period that it is inTo~ ssiblo to,cure such default within said time period, then
the Lessor may consent to an extension of such time to cur~, which consent
will not be unreasonably withheld.
IX. ,qTTRRC)GATTC)N' CIF MC~RT~A~TP.P.
Any person, corporation or institution that lends money to Lessee for construction
of any hangar, slructure, building or improvement and retains a security interest in said
hangar, slxucture, building or improvement shaH, upon default of Lessee's obligations to
said mortgagee, have the fight to enter upon the Leased Premises and operate or manage
said hangar, structure, building or improvement according to the terms of this Lease
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 Lease Term. 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.
A1RPORTLN. A~EAGREEMENTJ~£Work~- Page 14
X. RIGHT ~' I~A,~RM~2qT
Lessor mall have the right to establish easements, at no cost to Lessee, upon the
Leased Premises for the purpose of providing underground utility services to, t}om or
across the Airport property or for the construction of public facilities on the Airport.
However, any such easements shall not interfere with Lessee's use of the Leased Premises
and Lessor shall restore the property to the original condition as is reasonable practicable
upon the installation of any utility services on, in, over or under any such easement at the
conclusion of such coustruction~ Construction in or at the easement shall be completed
within a reasonable time.
Lessee expressly covenants that it will not assign this Lease Agreement, convey more
than fifo/percent (50%) of the interest in its business, thxough thc sale of stock or otherwise,
transfer, liccuse, nor sublet the whole or any pa~ of the Leased Premises for any purpose,
except for rental of hangar space or fie-down space for storage of airera~ only, without the
written consent of Lessor. Lessor agrees that it will not unreasonshly withhold its approval
of such sale, sublease, transfer, license, or assignment of the facilities for Airport related
purposes; provided however, that no such assignment, sublease, transfer, license, sale or
othenvise shall be approved if the rental, fees or payments, received or charged are in excess
of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion
of the Leased Premi.~es proposed to be assigned, subleased, txansferred, licensed, or
otherwise. The provisions of this Lease Agreement shall remain binding upon the
assignees, if any, of Lessee.
A. REQTI1RI~F} IN/gIIRANC~: Regardless of thc activities contemplated under this
Lease Agreement, Lessee shall maintain continuously in effect at all times during the term
ofthi~ agreement, at Lessee's sole expense, the following minlmum insurance coverages:
I. Commercial (Public) General Liability covering the Lessee or its company, its
employees, agents, tenants and independent contractors, and its operations on the
airport. Coverage shall be in an amount not less than $1,000,000 per occurrence
and provide coverage for premises/operations and contractual liability AND where
e~posure exists, coverage for: products/completed operations; explosion, collapse
and underground propen+y damage.
2. All risk property insurance on a replacement cost basis covering loss or damage to
all facilities used by the ~, either as a part of this agreement or erected by the
Lessee subsequent to this agreement Under no circumstances shall the Lessor be
liable for any damages to fixtures, merchandise or other personal property of the
Lessee or its tenants.
AIRPORTLEASEA~JetWorI~ - Page 15
3. Business Automobile Liability to include coverage for Owned/Leased Autos, Non-
Owned Autos and Hired Cars:
For operation in aircraR movement areas the limit of liability shall be $100,000
For other operations the limit of liability shall be consistent with the amount set
by State Law.
B. ~DDITIO~AT. CC}~R A~F,g: In addition to the above referenced coverages, the
following insurance is required if the activity or exposure exists or is contemplated:
Aircraft Fuel/Oil Storage and Dispensing - Comprebensivc Commercial (Public)
General Liability shall include coverage or separate coverage shall be provided for
Aireraf~ Sales or AireraR Charter and Air Taxi - AircraR Liability in the amount of
$1,000,000 per occurrence to inciude Hull Coverage and Liability. In addition,
Passenger Liability in an amount of $100,000 per person (per passenger sect) shall
be provided.
Aireraf~ Rental or Flight Training, Air~m:R Liab'flity in the amount of $1,000,000
per occurrence to include Hull Coverage and Liability, Passenger Liability in the
amount of $100,000 per person (per passenger seat) and Student/Renter Liability
covering all users in tho mount of $500,000 per occurrence.
4. Specialized Commercial Flying (including crop dusting, seeding, and spraying,
banner towing and aerial advertising, aerial photography and surveying, fire
fighting, power line or pipe line patrol) - AircraR Liability in the amount of
$1,000,000 per occurrence to include Hull Coverage and Liability. In addition,
Passenger Liability in an amotmt of $100,000 per person (per passenger seat)
shall be provided.
5. AircraR Storage, Maintenance and/or Repair - Aircraft Liability in the amount
of $1,000,000 per occurrence to include Hull Coverage and Liability. In
addition, Hanger Keepem Liability in the amount of $500,000 per occurrence
shall bo provided. The requirement for Hangar Keepers Liability shall not
apply to individual owner/operators whose primary use of the hangar space is
the storage of their own aircraft. The requirement does not apply to such
individuals notwithstanding the fact that they may, from time to time, permit
the storage of non-owned alrerat~ in the hangar space and charge a fee for the
storage of such aircraft so long as such use is in the nature of a rent-shsring
agreement rather than a commercial aircraft storage business.
C. {~,OV'l~ A(~T]:~ R~.Qt rml~Mmcr.q: All insurance coverages shall comply with the
AIRPORT L~A~I~ AGPd21~M~NT Jet Works - Pac~e 16
following requirements:
All liability policies shall name the City of Denton, and its officers and employees
as an additional named insured and provide for a minimum of 30 days written
notice to the City of any caneallation or material change to the policy.
All insurance required by this Lease Agreement must be issued by a company or
companies of sound and adequate financial responsibility and authorized to do
business in the State of Texas. All policies are subject to thc ex~mlnation and
approval of the City's office of RiSk Management for their adequacy as to content,
form of protection and providing company.
Required insurance naming the City as an additional insured must be primary
insurance and not contributing with 'any other insurance available to the City'
whether from a third party liability policy or other. Said limits of insurance shall in
no way limit the liability of the Lessee hereunder.
The Lessor shall be provided with a copy of all such policies and renewal
certificates. Failure of Lessee to comply with the minimum specified amounts or
types of race as required by Lessor shall constitute Lessee's default of this
Lease Agreement.
During the Lease Term, or any extension thereof, Lessor herein reserves the right
to, with 60 days notice, adjust or increase the liability insurance amounts required
of the Lessee, and to require any additional rider, provisions, or certifie~es 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.
~CTIT_
In the event that Lessee shall file a voluntary petition in bankruptcy or
proceedings in bankxuptoy 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
law; or Lessee shall fail to perform, keelo 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 cur0 such default and, ff any condition or
default shall continue for thirty (30) days after tho receipt of such notice by Lessee, then
Lessor may tea~minate this Lease Agreement by written notice to Lessee. However, if
I~see provides written notice to Lessor within said 30 day cure period that it is impossible
to cure such default within said time period, then the Lessor may consent to an extension of
I
such time to cure, which consent will not be unreasonably withheld. In the event of
default, Lessor has the right to purchase any or all of the Lease Improvements under the
provisions of Section VI~.C.4. hereof.
Lessee may cancel this Lease 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 aft~ the
happening of any one of the following events: (1) issuance by any court of competent juris-
diction of a p~manent injunction in any way preventing or r~str~ining the use of the Ailport
or any part thereof for airport purposes; (2) the breach by Lessor of any of the coven~ms or
agreements contained heroin and the failure of Leasor to remedy such breach for a period of
ninety (90) days after receipt of a written notice of thc existence of such breach; O) the
inability of Lessee to use the Lease Premises and facilities continuing for a longer period
than ninety (90) days due to' any hw or any order, rule or regulation of any appwpriate
governmental authority having jurisdiction over the operations of Lessor or due to war,
earthquake or other casualty;, or (4) the assumption or recapture by the United States
Government, or any authorized agency thereof, of the maintemmce and operation of said
airport and facilities or auy substantial part or parts thereof.
Upon the happening of any of thc four events listed in the preceding paragraph, such
that the Leased Premises cannot be used for aviation purposes, then the Lessee may cancel
this Lease Agreement as aforesalck or may elect to continue this Lease Agreement under its
terms, except, however, that the usc 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.
Should Lessor close the Airport and relocate the AirpoR to another location during the
primary term of this Lease Agreement, Lessee shall have thc right to relocate its facilities to
the newairportataanitablelocation under the same or similar terms of this Lease
Agreement. The cost of relocation of Leasee's facilities will be shared by Lessor and L~ssee
in proportion to the number of years remaining on the primary tram of this Lease
Agreement. In this regard Lessor will be responsible for 1/30 of the such costs for every
yea~ ~e~::alnlng on the primary teml.
XV. ?vHR~RI.I'.A'/ql~CITT,q PROVTRTf~RT.R
A. RN'T~R A~RREMENT. This Lease Agreement constitutes the entire
understanding between the parties and as of its Effective Date supersedes all prior or
independent Agreements between the parties covering the subject matter hereof. Any
change or modification hereof shall be in writing signed by both patties.
B. R1N-~I~G RFFF. CT All covenants, stipulations and agreements herein shall
extend to, bind and inure to the benefit of the legal representatives, sueeessurs and assigns
of the respective patties hereto.
C..ql~.VER AI~II.rlW- If a provision hereof shall be finally declared void or illegal by
any court or admlni~trative agency having jurisdiction, the entire Lease Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possthle in
accordance with the original intent of the parties.
D. NOTICE_ Any notice given by one party to the other in connection with this
Lease Agreement shall be in wffiing and shall be sent by certified mall, return receipt
requested, with postage fees prepaid or via facsimile as follows:
City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Fax No.940.349.8596
2. If to Lessee, addresscdto:
Chris Hosldns, President
Jet Works Aviation, Inc.
400 GulfStream Road, 9S
Fort Worth, Texas 76106
Phone (817) 626-4584
Fax No. (817) 626-1928
With copy to:
Morton L.
Cantey & Hangar L.L.P.
Bumett Plaza, Suite 2100
801 Cherry S~ek Unit//12
Fort Worth, Texas 76102-6881
FaxNo. (817) 877-2807
E. 9-~.ABIlq'C,.q The headings used in this Lease Agreement are intended for
convenience of reference only and do not define or limit the scope or meaning of any
pwvision of this Agreement
F. Cff3VRRlqlqqC, I.AW ANT) VF:NII~ This Lease Agreement is to be construed in
accordance with the laws of the State of Texas and is fully performable in Denton County,
Texas. Exclusive venue for any lawsuit to enforce the terms or conditions of this Lease
Agreement shall be a court of competent jurisdiction in Denton County, Texas.
II
G. NO WAIVRR. No waiver by Lessor or Lessee of any default or breach of
covenant or t~m, of this Lease Agreement may be treated as a waiver of any subsequent
default or broach of the same or any other covenant or tv~m of this Lease Agreememt.
H. NO A C,l:~laY. During all times that this Lease Agreement is in effect, the parties
agree that Lessee is and shall not be deemed an agent or employee of the Lessor.
L FORCE MAJEURE. None of the Parties shall be in default or otherwise liable
for any delay in or failure of performance under this Lease Agreement if such delay or
failure arises by any reason beyond their reasonable control, including any act of God,
any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires,
epidemics, riots, failures or delay in transportation or communications. However, lack of
funds shall not be deemed to be a reason beyond a Party's reasonable control. The Parties
will promptly inform and consult with each other as to any of the above causes, which in
their judgment may or could be file cause of a delay in the performance of this Lease
Agreement.
IN wrrNESS WHEREOF, the parties have executed this Lease Agreement as of the
Effective Date first above written.
CITY OF DENTON, TEXAS, LESSOR
MICHAEL A, CONDUFF, CITY ~I~AGI~.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY':
]'ET WORKS AVIATION, INC.
ACKNOWr ]~DGMI~qTS
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before m, on tho/~f/~day of ~///~//f/]~/~2004, by
Michael A. Condui~ City Manager of the City of Denton, TcxVas, on ~c~h~ti~ of said
municipality.
~:~Z.~.~2'~ JANE E. RICHARDSON
~ *~ -.. s.. Notary Public, State of Texas
{~ ,, ...... June 27, 2005
NO'lfARY PUBLIC, STATE OF TEXAS
TKE STATE OF TEXAS §
COUNTY OF DENTON §
This insmunent was acknowledged before me on the I ~ day of ~D~£~ ~ (~, 2004 by
Chris Hoskim, President, Jet Works Aviation, Inc., a Texas corporalion, on behalf of said
corporation. ~ _
NOTARY PUBLIC, STATE OF TEXAS
i ['~i'/'*~-~ ;i NOTARY PUBLIC
~.~/~J State of Texas (
~_~?~,..~' Comm. Exp, 08-27-200.81
AIRPORTKEASBAOREEMElqT]'~tWorks - Page 22
A'FrACHMENT A
P:\PROJECTS~DENTOOI~PER~REV EXHIBIT D.DV~X~