Well, not anything quite that specific. In short, the Ground Lease requires the Building Improvements to be constructed in accordance with the Design Plan. Section 6.B. states the Design Plan is to be prepared by a licensed architect/engineer and submitted to the Town for its review and approval. Construction of the Building Improvements are to comply with all standards, codes, and rules adopted by the Landlord or Manager and generally applicable to similar improvements located on and within the Airport including but not limited to the Town’s building code and zoning ordinances, and to meet or exceed all applicable State and Federal standards (including ADA and other promulgated laws). Tenant recognizes that such standards, codes and/or rules may be modified or amended from time to time and that compliance will be measured by such standards in effect at the time of a particular construction or modification of improvements. I think it would be difficult to say that a FAA Advisory Circular is regarded to be a “building standard” when it is entitled just that, an advisory. However, I am not qualified or licensed to make that determination. To my knowledge the Town has look to the advisories for guidance but not as its standard. Bill Leggett indicates they intend to design the improvements to be consistent with their soil reports and aircraft design specs in a manner similar to Ron Fredrick’s building at 4400 Westgrove (circa 2001-2002). There have been other projects constructed since and where the Town has place reliance on the advisories (or other guidelines) with these other projects, it would seem reasonable that such considerations ought to be weighed here as well. Section 6.B.2 and 6.B.7, as amended are pasted below. I hope this is of some help. Bill Dyer, VP SAMI Management, Inc. Addison Airport Real Estate Manager 16051 Addison Road, Suite #220 Addison, Texas 75001 972-392-4856 ________________________________ From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Friday, January 21, 2011 4:37 PM To: 'bill.dyer@addisonairport.net' Cc: 'joel.jenkinson@addisonairport.net' Subject: FW: Draft Email to Kadleck Bill, Are there any requirements in the lease that the leaseholder adhere to the FAA or TxDOT Aviation Circulars? Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: McIllwain, Frank O. [mailto:FOMcIllwain@GarverUSA.com] Sent: Friday, January 21, 2011 4:04 PM To: Clay Barnett Subject: RE: Draft Email to Kadleck That’s true, but his lease might require him to adhere to Advisory Circular requirements or Airport’s requirements. Check with Joel. Frank McIllwain, PE Garver From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Friday, January 21, 2011 3:52 PM To: McIllwain, Frank O. Subject: FW: Draft Email to Kadleck Frank, Could you verify this information? Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: LeggettInc@aol.com [mailto:LeggettInc@aol.com] Sent: Friday, January 21, 2011 3:53 PM To: Clay Barnett Cc: ronf@mission-companies.com Subject: Re: Draft Email to Kadleck Clay. Thanks for your recap of this mornings meeting. To be clear, TxDOT did not offer to waive any paving criteria. My conversation with TxDOT Aviation was to confirm the intent of AC No:150/5320-6E. Bill Gunn spoke with staff engineers who concurred that this AC is not a regulation and is not mandatory for privately funded airport projects. Attached is a copy of the Circular for your records. We will submit an engineered ramp pavement design based on our current soils report and the appropriate aircraft specs. The design will be completed by the same Engineer who provided our previous pavement design for 4400 Westgrove at East end of and abutting the Millionair site. Please let me know if you have questions. Thanks, BILL LEGGETT WILLIAM LEGGETT ASSOCIATES 4600 Claire Chennault Suite 103 Addison, Texas 75001 Office 972 931 3010 Fax 972 931 3017 leggettinc@aol.com William.Leggett@sbcglobal.net ****************************************************************************************************************** This e-mail and any files or attachments transmitted with it contains Information that is confidential and privileged. This document may contain Protected Health Information (PHI) or other information that is intended only for the use of the individual(s) and entity(ies) to whom it is addressed. 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