z 0 􀁉􀁾􀀠\gj 􀁉􀁾I,W I.'D 'D 'D 􀁩􀁾(Zl:;tl t'I1(Zl ><:>-0 􀁾􀁾􀀠OQ 􀁾􀁩􀀠 r • t.. ----_. -. 􀀭􀀭􀀭􀀮􀀭􀁾􀀭raJ 001 2200 ROSS AVENUE. SUITB 2200LOCKE LIDDELL & SAPP ILP DALLAS. 'IX 75201-6776ATI'ORNEYS &. COUNSllLQlUl TELEPHONE: (214) 74(1.8000 FAX: (214)740.8800 FACSlMILE TRANSMISSION Dale: June 30,1999 QitJlltlMatler #67318148276 To: Ken Dippol Cowles & Thompson Fax; (214) 672·2020 To: Fax: Tel: To: Fax; Tel: From: George E. Bowles Tel; (2l4) 74O-849g Fax: (214) 740-8800 Re: Ramey, lit a1 v. H. B. Zachry Company I We lII.'e sending 1 I Pllies,. including this cover sheet. '-1+J ITyou do DOt rec:eive all tbe pages, please call at ______ll5 S(KIn as possible. 􀁾􀀷􀀳􀀱􀀸􀀡􀀴􀀤􀀲􀀷􀀶􀀺􀁄􀁁􀁬􀁌􀁜􀁓􀁟􀀹􀀶􀁓􀁬􀀮􀀱􀀠!MPpBTJ\l!T/COI'!FJDENTlALl This Cac.Unlle tmnerniaeion (and/or th" documentlJ IICCO"'PlII>ying It) ma.y co",1ain con:liclentlal Infarmation belonging to the ""nde. whleh b protected by the attomey-client priv'i1ege. rae lnformation '" intended only for the use of the individual or anllty named above. 1£ you ..... not the intended recipient, you are hereby notified that any disclo.ure, copying. diJStribution or the taking of any a<:tion in rellance on the contents of Ihia infonnation i. strictly prohibited. If you have received Ihia tranoml$sion in error. plea .... im%nedlately notify us by tc1cphoM to a:tl'IilIJSIC for the return of the document>. 00/30/99 WED 13:37 FAl:, .J 740 8800 fli002-------􀀭􀁾􀀬􀀠BURLESON, PA'1'E & GIBSON, L.L.P. Plot!\. aVP!L.U¢N 􀁁􀁮􀀢􀁏􀁾􀁎􀁅􀁜􀀧􀁓􀀠AND 􀁃􀁏􀁉􀁊􀁾􀁓􀁴􀀺􀀱􀀮􀀰􀁁􀀶􀀠",'1 LAW 10"....1••• .. U ..ITI:O 􀁬􀀮􀀮􀀦􀁁􀁥􀁭􀀮􀁾􀀢􀀢􀀢􀀠PA<=I'I'NEI'UlWIP INeLVPINO PAOf"It5",ON.&..I. 􀁾􀁏􀁉􀁬􀁴􀀢􀁯􀀮􀁁􀀧􀁔􀁉􀁏􀁦􀁬􀁓􀀠 􀁾􀁾6Vll.OtNO ......IL 􀁉􀁩􀁬􀁕􀁒􀁉􀀮􀁅􀁾􀀠..1Ft, Z4J... 1'1. >\KAAQ. surrl; ')'ot:l s:.CNA,.TOR OAVU;) M. <::AIN 􀁏􀁾􀀮􀀧􀁲􀀻􀁴􀁮􀁺􀁑􀁉􀀠THOMA.a L CAVIll TIMOTHY A. OUFF'Y .JON,,"'HA'" oJ. IiiiIA1'C$ "n:;l.itPHONC MICH;'I;.l. {!'t. GIIIIISOti UliIoW ..._aOQ A\.APt.I ..I. HQSn:rTE!'II, F.e.. XEu,.,. ti, KOl.II .JAY ,J, MVRR.t.Y. ".e. J\lIle 29, 1999 TOM 􀁐􀁁􀁾􀀢􀀧􀀶􀀠..I.CX C. PA'fl: KI:,...,I.& WHI'rl! OI'CQUNgEt.! llUCHAJfQ A. ANCEI'tSON VIA CMRR Z 215 270 121 George E. Bowles Locke, Liddell &iSapp. L.L.P. 2200 Ross AveJUUl, Suite 2200 Dallas. Texas 75201 Re: Ramey et al v. H.B. ZdcT.TJ' Company Cause No. co 99·01474-<::c Dear Mr. Bowles: Enclosed please find the following documents: 1, PlaintiffMarsha Ramey's Notice For Non-Party Production ofDocuments. In accordance with the Texas Ru1es of Civil Procedure, the original documents will be kept in our possession. By copy ofthis letter, the court clerk is being notified ofservice ofthese documents. Uyou have any questions, or ifwe can be offurther assistance, please feel free to contact our office. Thank yOll for your coaperation. JJMlma Enclosure ItJ003 06/30/99 WED 13:38 FA..! . A 740 8800 cc: Ms. Laura Nutting Court Clerk, County Court at Law No. 5' Records Building :SOQ Main Street, 4th Floor Dallas, Texas 75202 MikeParh/un Sommerman, Parham & Mitchell, L.t.P. 3232 McKinney Ave. Suite 1160 Dallas, Texas 75204·2407 VIA CMBR Z 215 270 122 Doug Fletcher Fletcher & Springer 9400 N. Centtal Expressway. Suite 1400 Dallas, Texas 75231 08/30/99 WED 13:38 FAX" )1 740 8800 LOCKE LIDDELL 8< ""pp---------------.----IilI004 CAUSE NO. 99·01474-cc MARSHA RAMEY lNDIVlDUALL Y AND § IN TIlE COUNTY COURT AS REPRESEN1AnVEA.1\lD HEIR TO § THE ESTATE OF JAMES RAY RAMEY ANJ:§ DOUG RAMEY INDIVIDUALLY AND AS § REPRESENTATIVE AND HEIR TO TIlE § ESTATE OF JAMES RAY RAMEY §. § Plaintiffs, § § V5. § ATLAWNO.SOF § H.B.ZACHRyCOMPANY § § Defendrurt. § DALLAS COUNI'Y, TEXAS" PLAlN'IIFF MARSHA RAMEY'S NOTICE EOR NON·PARTY PRODUCTION OF DOCUMENTS To: Town of Addison, Inc. by and through its attoI)ley, George E. Bowles, Locke, Liddell &; Sapp, L.L.P. 2200 Ross Avenue, Suite 2200, Dallas, Texas 75201 I. Pursuant to Tex. R. Civ. p, 205.3, notice is hereby given that, no sooner that ten days after service ofthis notice, you will be served with a subpoena requitin,g you to produce on July 12,1999, at 9:00 a.m.m the office ofBurleson, Pale & Gibson, L.L.P., 2414 N. AlI:ard, Suite 700, Dallas, Texas 75201, the documents and materials described below. n. In connection with with the requests below. the following defmitions shall apply: . Whenever the word "Zachry" is used in these Requests For Production, means H.B. Zachry Company, it also means, and any divisions or departments or controlled subsidiaries and PLAINTIFF MARSHA RAMEY'S NOTICE fOI!. NON·PARTY PRODUCTION OF DOC!JMl!NTS Pas-1 􀁃􀀻􀁜􀁪􀁲􀁮􀁬􀁒􀁍􀁴􀁙􀀧􀁬􀁑􀁉􀁉􀁰􀁉􀁦􀀧􀁉􀀩􀀧􀁾􀁤􀁢􀁯􀁡􀀮􀁬􀁉􀁄􀁉􀁩􀁥􀁣􀁴􀁯􀁲􀁰􀁾􀁡􀁮􀁾􀂷􀁾􀀠 􀁏􀁾􀀯􀀳􀀰􀀯􀀹􀀹􀀠ImIl 􀀱􀁾􀀠:J8 FAX .4 740 8800 LOCKE LIDDBLL & 􀁾􀁁􀁐􀁐--------,--_.-,----their officers, agents, representatives, employees or investigators of any ofits insurers. Whenever the word "incident" and/or "date ofincident" is used in these Requests for Production, it refers to the incident which OCCUlTed on or about December 18, 1998, when James Ramey was electrocuted and which incident is made the subject matter of this lawsuit. Whenever the word "premises" is used in these Requests for Production, it means at or in the area ofthe Addison Airport Tunnel. Whenever the word ''job inquestion" and/or "construction site" and/or 􀀧􀁾􀁯􀁢􀀠site" is used in these Requests for Production, it means the Addison Airport Tunnel project. Whenever the term "insulate" or "move" or "relocate" with Ialpect to the accident power lines, means covering the power lines with dielectric material. v,,'henever the term "accident power lines" and/or "subject electrical power lines" is used in these Requests For Production, it means the power lines above the concrete pads where James Ramey was working. 'Whenever the tenn "decedent" is used in these Requests For Production, it means James Ramey Whenever the term "concrete pads" is used in these Requests for Production, it refers to the concrete pads where James Ramey \\'llS electrocuted and Which incident is made the subject matter ofthis lawsuit lll. The items to be produoed are: 1. Acopy ofany and all plans, graplu, m.emoranda, blueprints or other documents or PLAINTIff MARSHA RAMEY'S NOTICE fOR NON-PARTY PR.ODUCTION Of DOCUMBNTS Pa,e 2 􀁃􀀺􀁜􀁪􀁮􀁍􀁬􀀡􀁉􀁗􀀱􀁾􀀮􀁤􀁬􀁹􀁯􀁬􀁗􀁤􀁩􀁬􀁄􀁴􀀮􀁬􀁃􀁉􀁉􀁩􀁾􀁾􀀡􀁫 􀁜􀁑􀁊􀁬􀁄􀁉􀀺􀁦􀁎􀀬􀁷􀁰􀁦􀀠 08/30/99 ImIl 13:38 FAX .. -' 740 8800----_._----_. _ LOCKE LIDDEll. 8. "'APP 􀁾􀀰􀀰􀀶􀀠recorded data of any kind which .memorialize or otherwise describe any safety measures in place on the premises as ofthe date ofthis incident. 2. Copies ofany and aU documents or other recorded data deseribing any agreements and/or contracts between Zachry and you regarding performing .work on the premises in question during the job in question. 3. Copies ofany and all documents or other recorded data describing any agreements m;.d/or contracts betweljn Brown & Root me. and you regarding perfonning work on the premises in question during the job in question. 4. Copies ofany and all documents or other recorded data describing any agreements and/or contracts between North Texas Tollway Authority and you regarding performing work on the premises in question during the job in question. s. Copies ofany and all documents or other recorded data describing any agreements and/or contracts between RnR Engineering, Inc. and you regarding performing work on the premises in question during the job in question. 6. Copies of any and all documents or other recorded data describing any agreements and/or contracts between JIDR Inc., and YOll regarding performing work on the premises in question during the job in que$tion. 7. Copies ofany and all documents or other recorded data describing any agreements and/or contracts between North Texas Tollway Authority and you regarding performing work on the premises in question during the job in question. 􀁾􀀬􀀬􀀺􀀠,8. Copies ofany IiIIld all documents or other recorded data describing any lIgm:rnents PLAIWIFf MARSHA RAMEY'S NOTICE FOR NON-PARTY PRODUCTION Qf OOClfMEN1,] 1>age 3 (;;.'jI'l\l\.4.'!Iq\nll",I!"I)IWttoClddiMft.lllltin:rotproduaI04Otd-.nu,"'l'4 08/30/99 WED 13: 39 FAX '. ,4 740 8800 __􀁾􀁏􀁃􀁋􀁅􀀠LInnELL & 􀁾􀁁􀁐􀁐---------_.----and/or contracts between Lache! &. Associates and you regarding performing work on the premises in question during the job in question. 9. Copies ofany and all documents or other 􀁲􀁥􀁣􀁯􀁲􀁤􀁾􀁤􀀠data describing any agreemems and/or contracts between ZachIylMonterey, J.V. and you regarding perfonning work on the premises in question during the job in question. 10. Copies ofany and all documents or other recorded data describing any agreements 􀁡􀁮􀁾􀁯􀁲􀀠contracts between Ginn COIp. and you regarding performing work on the premises in question during the job in question. 11. Copies ofany and all documents or other recorded data describing any agreements and/or contracts between AddisonAiIport ofTexas and you regarding perfurming work on the premises in question during the job in question. 12. A copy of all video statements taken of witnesses in this case. 13. Original plans and/Qr specifications ofthe constrUction site and the subject electrical power line involved herein. 14. All induSll'Y or company policies and standards which you relied upon, referred to, or complied with, in connection with the placement, installation and maintenance ofsaid concrete pads. 15. All polo line drawings, blueprints, maps, plans and diagrams ofthe accident powllr lines from their original SOUCCII to their termhms. 16. Any and all written documents or other recorded data of any kind describing or otherwise memorializing any insurance business may be liable to satisfy part OJ.' aU PLAINTIFF MARSHA RAMEY'S NOTICE fOR NON.PARTY PRODUCTION Of POCUMENTS Pale 4 􀁣􀁾􀂷􀁾􀁾􀁫􀁉􀁮􀀮􀀮􀁲􀁩􀁩􀁬􀁦􀁬􀀡 􀀮􀁦􀁬􀁮􀁰􀁟􀁴􀁴􀁩􀁏􀁬􀁊􀁯􀁩􀁾􀀮􀀠 06/30/99 WED 13:39 FAX _4 740 8800 LOCKE LIDDELL & 􀁾􀁁􀁐􀁐􀀠􀀭􀀭􀁾􀀭􀀭--, -'---i!008 of a judgment which may be rendered in this case, or to indemnify or reimburse for payments made to satisfy any judgment. This request includes, but is not limited to, any liability insurance policy. i,ncluding primary, excess and umbrella policies and any policies of reinsurance. 17. Any and all written documents or other recOl'ded data of any kind describing or otheIWise memorialh:ing s8fety procedures and regulations, ifany, promulgated by Y01:l with regard to the premises. This includes, but is not limited to, safety manuals, safety handbooks, safety rules, safety policies and procedures, cOImnents," complaints, evaluations and any drafts or revisions ofsuch safety documents. 18. Any and all written documents ofany kind describing or otherwise memorializing any policy and procedure ofyour company or any other company doing work on the premises in question in effect on the day ofthe incident regarding the appropriate use offlagmen. ; 19. All policy or procedures regarding operating a mobile crane within ten (10) feet of ! i a power line for your company ,br any othu company working on the premises in ! question that were in effect in the last :five (5) years. I 20. Ally and all written documentsbr other recorded data of any kind describing or i I otherwise memorializing any 􀁣􀁾􀁮􀁴􀁲􀁡􀁣􀁴􀁵􀁡􀁬􀀠or oth!:r relationship between you and any . : person responsible for providitjg safety on the premises on the date of incident. I ; 21. Any and all \mtten documents:or other recorded data of any kind describing or .. ; i otherwise memorializing the identity of all employees on duty at the time ofthis ' ! ! I PLAINTIFF MARSHA RAMEY'S NOTICE fOR I NON·PARTY PRODUCTION OF DOCUMENTS Page 5 􀁃􀀺􀀢􀁨􀁬􀁜􀁬􀁢􀁉􀁑􀀢􀀡􀀢􀀭􀁾􀁴􀁹􀁥􀀨􀁡􀁩􀀶􀁬􀁦􀁑􀁡􀀮􀁬􀁬� �􀁤􀁣􀁣􀁬􀀧􀁬􀁋􀀩􀁲􀁯􀁤􀁾􀀨􀁬􀁦􀁴􀀧􀁴􀁩􀁑􀁎􀁮􀁾􀀱􀁉􀁉􀀮􀁉.• 141009 06/30/99 Il'EIl 􀀱􀁾􀁾􀀮􀀹􀁌􀁁􀁘􀁟􀁾􀁏􀀠88.00._-_.--LOCKE LIDDELL & 􀁾􀁁􀁐􀁐􀀠incident, 22. Any anel all written documents or other recorded data ofany kind describing or otherwise memorializing fue physical layout ofthe area ofthe premises in question. This includes, but is not limited to, drawinas, blueprints, floor plans and/or other . pictorial renderings ofthe premises. 23. Any and ell written documents or other recorded data of any kind describinS or otherwise memorializing the placement ofthe crane in the area al the time ofthe 􀁩􀁮􀁾􀁩􀁤􀁥􀁮􀁴􀀠in question. 􀀬􀁾􀀠. 24, All inspection reports created by 􀁹􀁯􀁾􀁮􀁣􀁹for the work being perfonned on the premises in question for the six (6) months preceding and three (3) months following the incident in question. 25. Any policy and/or procedure regarding the operation and/or of use ofA crane within ten(10} feet ofa high power line, that the you have used in the past ten (lO) years. 26. For all safety meetings held for a period offive (5) years prior to the accident and continuing to present whioh discussed electrical power Jine safety, please provide the agenda for each such meeting. the attendees sign in sheet and any documents, mBl'llorandum or Jetter was prepared cooceming said meeting. Ifany minutes, lllBl'lloranda or other documents concerning any meeting were destroyed, kindly sta.te the date ofsuch destruction, the person ordering such destruction and fue reason for such destruction. PLAINTIFF MARSHA RAMEY'S NOTICE FOR. NON-PARTY PRODUCTION OF DOCUMENTS Page 6 􀁾􀁭􀁾􀁾􀁶􀁤􀀮􀁵􀀮􀁾􀀢􀀢􀁾􀁤􀁯􀁡􀁭􀀺􀁬􀁉􀀧􀀡􀁴􀀮􀁌􀁶􀁰􀁤􀀠 06/30/99 \iEIl 13:38 FAI.__ 4 740 8800--_._---_.-LOCKE LIDDELL & 􀁾􀁁􀁐􀁐􀀠􀁾􀀰􀀱􀀰􀀠21. All proaress reports ofjob site in.question. 28. All instrl.lction manuals, policy and procedure manuals, safety handbooks, safety policy and procedures anellor guidelines, given by you to Zacluy. 29. The documents reflecting the subject matter ofall safety meetings conducted by you on the job site in question within the past two (2) years. ? .' /.:",.: /30.', All contracts between you and any other entity regarding the Addison Airport i \..::/1 All contracts relating all transfors ofland between you and Addison Airport ;>f􀁾􀁥, Texas. with respect to the premises. 􀁾􀀯􀁾􀀠! 􀀬􀁾: D All indemnification agreements between you and Addison Airport ofTexas . .... PL.AJNTlFF MARSHA RAMEY'S NOTICE FQR NON·PAltTY PROPUCTION OF DOCUMENTS Paae1 􀁲􀀮􀀢􀁩􀁦􀁬􀁬􀁜􀁊􀁢􀁴􀁬􀀡􀀮􀁦􀁡􀀶􀁤􀁪􀁉􀁊􀀢􀁬􀀢􀁣􀀺􀁬􀁾􀁯􀁦􀀧􀁴􀁤􀁬􀁬􀁵􀁡􀁡􀀮􀁴􀁉􀁉􀀩􀁤􀁾􀁾􀁾􀁉􀁑􀀬􀁾􀀠 06/30/99 WEll 13;40 FAX ... -4 74U800 LOCKE LIDDELL & SAPP itlOll'----------,-R!ll1pcctfully submitted, BURLESON, PATE & GIDSON, L.L.P. 2414 N. Akard, Suite 700 Dallas, Texas 75201 2141871-4900 (Telephone) 214 71-7543 A ORNEYS FOR THE PLAINTIFF MARSHA RAMEY CERTIFICATE OF SERVICE I hereby certify that a true and comet copy ofthe foregoing instrument has this date been sent to all attorneys ofrecord in the above-styled and nwnbered matter, said service being effected in the following manner: 􀁃􀁥􀁲􀁴􀁩􀁦􀁩􀁾􀁤􀀠MaillRetum 􀁒􀁾􀁣􀁥􀁩􀁰􀁴􀀠Requested Hand Delivery Teiecopy PLAINTIFf MARSHA RAMEY·S NOTICE FOR NON-PARTY PROPUCTION OF DOCUMENTS Page 8 􀁥􀁜􀁪􀁭􀀧􀀮􀁊􀁕􀁬􀁬􀁉􀁱􀁜􀁉􀁉􀁕􀁉􀁬􀀬􀁬􀁊􀁬􀁬􀀱􀀩􀀢􀁣􀁩􀁾􀁕􀁇􀁉􀁉􀁩􀀽􀀭􀁾􀁲􀀴􀂫􀀺􀁵􀁦􀀨􀁬..tLwpd PUBUC WORKS DEPARTMENT (972) 45{).2871 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀂮􀀠Post Office Box 9010 Addison, Texas 75001-9010 16801 Westgrove July 20, 1999 Mr. J. Clint Schumacher Locke Liddell & Sapp LLP 2200 Ross A venue, Suite 2200 Dallas, Texas 75201-6776 Re: Ramey v. Zachry Dear Mr. Schumacher: Please frnd attached the following documents related to the construction of the Addison Airport Toll Tunnel: Plarrning and Progress Review Meeting Agendas May 2, 1997 through July 14, 1999. Addison Police Report dated December 18, 1998 Texas Municipal League Intergovernmental Risk Pool Declaration of Coverage Assignment ofLandlord's Interest in Lease Agreements. Agreement between Addison Airport ofTexas, Inc. and the Town ofAddison. Extension of Term of Agreement ofAmendment to the Agreement for the Operation of Addison Airport Between the City ofAddison, Texas, and Addison Airport, Inc. Agreement ofAmendment to the Agreement for the Operation ofAddison Airport Between the City ofAddison, Texas, and Addison Airport, Inc. 􀁾􀀠 First First Amendment to the Agreement for Operation ofthe Addison Aiiport. Agreement ofSpecification and Amendment to the "Agreement for Operation ofthe Addison Airport Between the City ofAddison, Texas, and Addison Airport, Inc." Assignment ofLandlord's Interest in Lease Agreement Agreement for Operation oftM Addison Airport Between the City ofAddison, Texas, and Addison Airport, Inc. Grading, Drainage and Paving Plans Section X III Volume I Addison Airport Tunnel Interlocal Agreemeni By and Between The Town ofAddison and Texas Turnpike Authority (Dallas North Tollway and Addison Airport Toll Tunnel). Settlement and Amendment to Lease Agreement By and Between The Town ofAddison,. Texas, Addison Airport ofTexas, Inc. and H & S Ventures (Addison Airport Toll Tunnel) Addison Fire Department Report dated December 18, 1998. Please call me if you have any questions or need additional information. Sincerely, leffMarkiewicz Project Manager cc: Ken Dippel without attachments , PUBLIC WORKS DEPARTMENT (9'12) 450-2S71 POSl 'Office Box ?OlD Addison, Texas 75001-9010 16801 Westgrove July 15, 1999 Mr. Ken Dippel Cowles & Thompson 901 Main Street, Suite 4000 Dallas, Texas 75201 Re: Response to Request ofProduction ofDocuments Dear Ken: Please frod attached our responses to the referenced subject. Ifyou have any questions or need additional information, please call me. Sincerely, Jeff Markiewicz Project Manager Attachments 1. A copy ofany and all plans, graphs, memoranda, blueprints or other documents or recorded data of any kind which memorialize or otherwise describe any safety measures in place on the premises as of the date of this incident. This does not apply to the Town ofAddison. Responsibility ofNTrA's construction manager, Brown and Root. 2. Copies of any and all documents or other recorded data describing any agreements and/or contracts between Zachry and you regarding performing work on the premises in question during the job in question. The Town ofAddison had 3 contracts with Zachry during the time ofthe tlllillel project for completely unrelated work. .:. Pavement repair of Keller Springs at Dallas Parkway. (+ Construction ofWest Taxiway at Addison Airport . •:. Asphalt overlay ofJimmy Doolittle Road. Sinee projects arc not related to referenced incident. Copies ofagreements are not attached. 3. Copies of any and all documents or other recorded data describing any agreements and/or contracts between Brown & Root Inc. and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with Brown and Root and the Town ofAddison. 4. Copies of any and all documents or other recorded data describing any agreements and/or contracts between North Texas Tollway Authority and you regarding performing work on the premises in question during the job in question. See Attachment A -Interlocal Agreement By and Between the Town of Addison and Texas Turnpike Authority. 5. Copies of any and all documents or other recorded data describing any agreements and/or contracts between HDR Engineering, Inc. and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with HDR Engineering and the Town ofAddison. 6. Copies of any and all documents or other recorded data describing any agreements and/or contracts between HDR Inc., and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with HDR Inc. and the Town ofAddison. 7. Copies ofany and all documents or other recorded data describing any agreements and/or contracts between North Texas Tollway Authority and you regarding performing work on the premises in question during the job in question. See Attachment A -Interlocal Agreement By and Between the Town ofAddison and Texas Turnpike Authority. 8. Copies of any and aU documents or other recorded data describing any agreements and/or contracts between Lachel & Associates and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with Lachel & Associates and the Town of Addison. 9. Copies of any and all documents or other recorded data describing any agreements and/or contracts between Zachry/Monterey, J.V. and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with ZachrylMonterey, J.V. and the Town of Addison. 10. Copies of any and aU documents or other recorded data describing any agreements and/or contracts between Ginn Corp. and you regarding performing work on the premises in question during the job in question. No agreements or contracts were made with Ginn Corporation and the Town of Addison. 11. Copies of any and aU documents or other recorded data describing any agreements and/or contracts between Addison Airport ofTexas, Inc. and you regarding performing work on the premises in question during the job in question. See Attachment B -Settlement and Agreement to Lease Agreement By and Between the Town ofAddison, Texas, Addison Airport ofTexas Inc. and H & S Ventures. 12. A copy of aU video statements taken ofwitnesses in this case. See Attachment C for Police Department information related to the referenced incident. See Attachment D for Fire Department information related to the referenced incident. 13. Original plans and/or specifications of the construction site and the subject electrical power line involved herein. The Town ofAddison does not have this information other than a copy of the construction plans and specifications issued by NTTA. 14. AU industry or company policies and standards which you relied upon, referred to, or complied with, in connection with the placement, instaUation and maintenance of said concrete pads. The Town ofAddison had no input or comment to the location, design or construction of the referenced concrete pads. 15. All pole line drawings, blueprints, maps, plans and diagrams of the accident power lines from their original source to their terminus. The Town ofAddison does not have any information related to the location, design or construction ofthe referenced power lines. 16. Any and all written documents or other recorded data of any kind describing or otherwise memorializing any insurance business may be liable to satisfy part or all of a judgement which may be rendered in this case, or to indemnify or reimburse for payments made to satisfy any judgement. This request includes, but is not limited to, any liability insurance policy, including primary, excess and umbrella policies and any policies of reinsurance. See Attachment E -Town ofAddison Liability Insurance Policy. 17. Any and all written documents or other recorded data of any kind describing or otherwise memorializing safety procedures and regulations, if any, promulgated by you with regard to the premises. This includes, but is not limited to, safety manuals, safety handbooks, safety rules, safety policies and procedures, comments, complaints, evaluations and any drafts or revisions of such safety documents. See Attachment F -Tunnel Safety Procedures (Draft copy). This document was created by Zachry and submitted to the Town ofAddison Fire Department. 18. Any and all written documents of any kind describing or otherwise memorializing any policy and procedure ofyour company or any other company doing work on the premises in question in effect on the day of the incident regarding the appropriate use of flagmen. The Town ofAddison was not responsible to establish and mandate policies related to the appropriate use of a flagman at the referenced incident. 19. All policy or procedures regarding operating a mobile crane within ten (10) feet of a power line for your company or any other company working on the premises in question that were in effect in the last five (5) years. The Town of Addison does not regulate policies and/or procedures regarding the operation ofa mobile c(ane within 10 feet of a power line. 20. Any and all written documents or other recorded data of any kind describing or otherwise memorializing any contractual or other relationship between you and any person responsible for providing safety on the premises on the date of incident. The Town of Addison did not have a contract or relationship with the person responsible for providing safety on the premises. 21. Any and all written documents or other recorded data of any kind describing or otherwise memorializing the identity of all employees on duty duty at the time of this incident. The Town ofAddison was not responsible and did not record the identity of any employees on duty at any time. 22. Any and all written documents or other recorded data of any kind describing or otherwise memorializing the physical layout of the area of the premises in question. This includes, hut is not limited to, drawings, blueprints, floor plans and/or other pictorial renderings of the premises. The Town ofAddison periodically acquires aerial maps to the town that would cover the referenced area. 23. Any and all written documents or other recorded data of any kind describing or otherwise memorializing the placement ofthe crane in the area at the time of the incident in question. The only information the Town of Addison has indicating the location of the crane at the time ofthe incident would be included in the Police and Fire incident reports. See Attachments C & D. 24. All inspection reports created by you or any governmental agency for the work being performed on the premises in question for six (6) months preceding and three (3) months following the incident in question. The Town ofAddison was not responsible for and did not keep inspection reports ofthe project. 25. Any policy and/or procedure regarding the operation and/or ofuse of a crane within ten (10) years. To my knowledge the Town ofAddison does not have any policy and/or procedures regarding the operation and/or use ofa crane other than than general height restrictions related to the airport. 26. For all safety meetings held for a period of five (5) years prior to the accident and continuing to present which discussed electrical power line safety, please provide the agenda for each such meeting, the attendees sign in sheet and any documents, memorandum or letter was prepared concerning said meeting. Ifany minutes, memoranda or other documents concerning any meeting were destroyed, kindly state the date of such destruction, the person ordering such destruction and the reason for such destruction. The Town ofAddison is not responsible to conduct safety meetings for Zachry personnel. 27. All progress reports ofjob site in question. The Town ofAddison did not keep progress reports ofthe referenced project. 28. All instruction manuals, policy and procedure manuals, safety haudbooks, safety policy and procedures and/or guidelines, given by you to Zachry. Zachry submitted a draft copy ofthe Tunneling Safety Procedure in order for the Town ofAddison Fire Department to review Section IX Rescue Procedures. 29. The documents reflecting the subject matter of all safety meetings conducted by you on the job site in question within the past two (2) years. The Town ofAddison did not conduct or participate in any safety meetings at the referenced project. 30. All contracts between you and any other entity regarding the Addison Airport Tunnel. See Items 2 -11. No other contracts were created. 31. All contracts relating all transfers of land between you and Addison Airport of Texas, with respect to the premises. See Attachment B. 32. All indemnification agreements between you and Addison Airport of Texas. See Attachment B. Attachment A Interlocal Agreement By and Between the Town of Addison and Texas Turnpike Authority Attachment B Settlement and Agreement to Lease Agreement By and Between the Town of Addison., Texas., Addison Airport of Texas Inc. and H & S Ventures Attachment C Police Department information related to the referenced incident Attachment D Fire Department information related to the referenced incident Attachment E Town ofAddison Liability Insurance Policy Attachment F Tunnel Safety Procedures (Draft copy) TUNNELING SAFETY PROCEDURE I Scope A. This procedure provides safety regulations for all tunneling operations performed. H. B. Zachry Company shall comply with all aspects of OSHA 29 CFR Part ]926 Subpart S -Underground Construction. n Check in and out A. There shall be an in and out board located on the project. Each employee shall be issued two brass tags that contain a number corresponding to the name ofthe employee. Prior to entering the tunnel all employees shall be required to remove both tags from the out board and place one ofthe tags on the in board indicating that this employee is in the tunnel. The other tag shall be carried by the employee until he or she exits the tunnel at which time the employee shall place both tags on the out board indicating that he or she has exited the tunnel. Employees shall be instructed that under no condition shall they remove or place a tag for any other employee. Only the owner ofthe tag shall place or remove their tag. m Communications A. Where voice communications are ineffective, self-powered battery phones shall be used to provide communication to the outside ofthe tunnel. B. All eIllployees shall be trained in the use ofthe battery powered (mine) telephones used in the tunnel. All training shall be documented and kept on-site. C. All phones shall be tested upon initial entIy ofeach shift to ensure that they are functioning properly. D. Phones shall be located at the project office, at each portal ofthe tunnel, at the heading, and approximately every 500 feet within the tunnel. 􀁦􀁲􀁾􀁊􀀠/tr , 􀁣􀁊􀀩􀁾􀁕􀁜􀀠􀁾l 􀁉􀁾􀀧__ j ! ,_, ., -'___._ 5 I TUNNELING SAFETY PROCEDURE I Scope A. This procedure provides safety regulations for all tunneling operations performed. H. B. Zachry Company shall comply with all aspects of OSHA 29 CFR Part J926 Subpart S -Underground Construction. n Cbeek in and out A. There shall be an in and out board located on the project. Each employee shall be issued two brass tags that contain a number corresponding to the name ofthe employee. Prior to entering the tunnel all employees shall be required to remove both tags from the out board and place one ofthe tags on the in board indicating that this employee is in the tunnel. The other tag shall be carried by the employee until he or she exits the tunnel at whlchtime the employee shall place both tags on the out board indicating that he or she has exited the tunnel. Employees shall be instructed that under no condition shall they , remove or place a tag for any other employee. QnJy the owner ofthe tag shall place or remove their tag. m Communications A. Where voice communications are ineffective, self-powered battery phones shall be used to provide communication to the outside ofthe tunnel. B. All employees shall be trained in the use ofthe battery powered (mine) telephones used in the tunnel. All training shall be documented and kept on-site. C. All phones shall be tested upon initial entry ofeach shift to ensure that they are -functioning properly. D. Phones shall be located at the project office, at eacb portal ofthe tunnel, at the beading, and approximately every 500 feet within the tunnel. \ \ '\ C. Employee exposure to dust in the tunnel shall be kept 'to a minimum by the use of water sprayers mounted on the Road Header. Disposable dust masks shall also be provided. IX Rescue A. Prior to the beginning oftunneling operations, 􀁚􀁡􀁣􀁨􀁲􀁹􀁬􀁍􀁯􀁮􀁴􀁥􀁾􀁹shall contact the Addison Fire Department to communicate the potential hazards of the work. In the event ofan emergency, the Addisan Fire Department shall be contacted by using the 911 system on the telephone. The Addison Fire Department will take charge of all rescue operations. ZachrylMontezfey will assist the Addison Fire Department by supplying information, personnel, and equipment. B. In the event of an emergency all personnel shall evacuate the tunnel and report to the shop area where all employees shall be accounted for by the tunnel superintendents. , C. Self rescuers shall be.,Failable to all employees entering the tunnel. All employees shall be trained in the usefue self rescue device. All training shall be documented and kept on/site. D. All telephones shall have the emergency phone list posted near them for quick: reference. X Training A. All employees associated with tunneling operations shall receive training on specific hazards and operating procedures prior to entering the tunnel. All training shall be documented and kept on-site. B. Weekly safety meetings shall be held to provide continuous hazard awareness. XI Fire Prevention and Protection A. ABC-rated fire extinguishers shall be located throughout the project. The extinguishers shall be inspected monthly by the designated competent person. When the annual inspection expires, the extinguisher shall be taken out ofservice and turned in for an extinguisher with an up-to-date annual inspection. B. All employees shall be trained in the use of fue extinguishers on site. All training shall be documented and kept on\site. C. No hot work shall be performed in the tunnel during the rebar phase unless a hotJwork permit has been obtained from site management. 7 IV Lighting-A. Halogen lights shall be placed within tbe tunnel to provide lighting in compliance witb 1926.56 Table D-3 B. AJ1lighting systems and components shall be inspected prior to each shift by tbe site safety supervisor and tunnel supervision. Defective equipment shall be removed from service immediately. C. In all areas where the natural lighting is not sufficient to provide safe escape, employees shall be provided witb cap lights anellor hand-held flashlights. A storage box shall be located at tbe heading witb cap lights or flashlights for all employees in tbe area. VI Ventilation A. Fresh air shall be provided for all underground work in C))mpJiance witb 1926.800 (1) (1) by tbe use of mechanical ventilation systems to prevent tbe harmful accumulation ofdusts, fumes, vapors, gases, etc. B. The mechanical ventilation system shall be reversible to obtain a reverse air flow. C. The ventilation system shall be inspected weekly. The site safety supervisor and tunnel superintendents shall be responsible responsible for testing tbe ventilation system. vn Ground Conditions A. The tunnel superintendents shall inspect tbe ground conditions in tbe tunnel area prior to each shift. The tunnel engineer shall inspect tunnel ground conditions at least once a day and document such conditions. Site management and supervision sha1I also inspect for potential ground changes throughout tbe work shift. Any loose material shall be reported to tbe project manager and corrected immediately. VIll Air Quality and Monitoring A. The tunnel atmosphere shall be tested by tbe designated competent person prior to the entry ofeach shift ·witb a hand-held monitor. The safety supervisor and tbe tunnel superintendents on tbe project shall be tbe competent persons·to perform this function. B. The Road Header machine shall have a gas monitor attached to provide continuous monitoring during tbe operation oftbe machine. The monitor on tbe machine shall be set to turn machine power otfiftbe lower explosive limit ofmethane or otber flammable gasses reaches 20 percent. 8 \ xn Electrical Safety A. All electrical equipment shall be inspected prior to each use and quarterly in accordance with the H. B. Zachry Assured Grounding Program. All damaged or faulty equipment shall be removed from service and repaired or replaced. B. All electrical circuits shall be equipped with ground fault circuit interrupters (OFeI). ; 9 Town ofAddison 'From the desk of 4798 Airport Parkway P.O. Box 9QIOGordon C. Robbins Addison, Texas 7500l·9QIO (912) 450.7220 Deputy Fire Chief (972)450-7208 FAX Date: ? . I 2 . "'lCf 􀀺􀀺􀁲􀁾􀀺􀀠-t1If"' 􀀨􀀻􀀻􀁾􀁾􀁥􀀻􀁮􀁥􀁩􀀺􀁋􀁵􀀱􀀷􀁎􀁊􀀠,#or 1?f"E rUNNEl. "T'iE 􀁾􀀨􀀻􀀠Sir IfI& , ,»1>*.0«, Ar Z?'F Frte-tM/'r ;'"--___ i I 711£ TfIJff /.5 􀁾􀀠􀀮􀁍􀁊􀁾>. 􀁖􀁁􀁬􀁒􀁾􀀠 _--""/IV<::'-=.,,,1l?t-7Jr (eoY VlA-"'b &'Z);'17tVt:: 􀀤􀀢􀀧􀀦􀁾􀁵􀀮􀁳􀀠NFlJ> 􀁾􀀲􀀠'",.',.'i 􀁾􀀠: 17:02:08 18 DEC 1998 ADDISON OFFENSE 1INCIDENT REPORT INCIDENT NO. 8109214 BEAT 20 Beat 20 GRID 2014 WATCH D Days· DATE OF REPORT 12/18/98 DISP AS : MED-MEDICAL EMERGENCY OFFENSE/INCIDENT: ACCIDENTAL DEATH PENALTY CLASS : NC No Classification OFFENSE LOCATION: 16100 DOOLEY RD FAMILY VIOLENCE : N TYPE PREMISES : CONSTRUCTION SITE DAY 1 OCC FRI FRIDAY DATE 1 OCC 12/18/98 HOUR 1 OCC 12:05 REPORTS NO. 98-005334 ADDISON OFFENSE/INCIDENT REPORT PERSON TYPE : C Complainant MASTER NAME iI : 098841 LAST/BUS. NAME . RAMEY FIRST NAME JAMES RACE W White SEX M Male D.O.B. 09/14/56 ADDRESS 2030 MILLER RD CITY : MIDLOTHIAN STATE : TX Texas ZIP 76065 BUSINESS NAME ZACHRY-MONTEREY BUSINESS ADDRESS: PO BOX 1004 BUSINESS CITY : ADDISON BUSINESS STATE : TX Texas ADDISON OFFENSE/INCIDENT REPORT BUSINESS ZIP 75001-1004 BUSINESS PHONE 972-267-0430 CIn NOTIFIED? : Y OFCR. NOTIFIED iI: 3470 REYNOLDS, R. J. HOW/WHEN NOTIFY?: DISPATCH/1220 WEATHER(OFFENSE): OVERCAST, COLD ELEMENT NO. : 720 CASE STATUS : 1 OPEN SUSP INFO (Y/N) : N SUS.SUS.VEH.INF(Y/N): N WITNESSES? (Y/N): Y PHYS.EVID{Y/N) : N UNUSUAL CIR{Y/N): N FOLLOW-UP (YIN) : N 17:02:08 18 DEC 1998 REPORTS NO. 98-005334 ADDISON OFFENSE/INCIDENT REPORT INJURED PERSON *: 2 VEH. INVOLVED * : 1 PERSON W/INFO * : 3 ADDISON OFFENSE/INCIDENT REPORT REPORT OFFICER *: 3582 OTHER OFFICER * : 3770 FLETCHER, D. R. MAHONEY, R. P. SUSP.ARREST(Y/N): N PATR.SUPP? (Y/N): N NARRATIVE? (Y/N): R/O WAS DISPATCHED TO A MEDICAL EMERGENCY AT THE CONSTRUCTION SITE AT 16100 DOOLEY. PRIOR TO R/O'S ARRIVAL, OFFICERS GONZALEZ AND SCARBOROUGH ARRIVED AT THE LOCATION. OFFICERS ADVISED THAT ONE VICTIM HAD NO PULSE OR RESPIRATION. UPON R/O'S ARRIVAL, R/O OBSERVED VICTIM RAMEY LAYING ON THE GROUND APPROXIMATELY 30 FT EAST OF A CONSTRUCTION CRANE AND A SECOND VICTIM, SOTO, LAYING APPROXIMATELY 30 FT WEST OF THE SAME CRANE. OFFICER GONZALEZ AND A FEMALE EMPLOYEE OF HB ZACHRY WERE PERFORMING CPR ON RAMEY, OFFICER SCARBOROUGH WAS ATTENDING THE SECOND VICTIM, FRANCISCO SOTO. * UPON ARRIVAL OF ADDISON FD PARAMEDICS AND CARROLLTON FD PARAMEDICS, JAMES RAMEY WAS TRANSPORTED TO PARKLAND HOSPITAL BY CAREFLITE. RAMEY WAS DEAD ON ARRIVAL. * FRANCISCO SOTO WAS TRANSPORTED TO PARKLAND HOSPITAL BY AFD AMBULANCE MEDIC MI0l. SOTO WAS IN STABLE CONDITION AT PARKLAND. * RONNIE GILES, CRANE OPERATOR FOR ZACHRY-MONTEREY, STATED THAT THE TWO WERE HIT WITH AN ELECTRICAL CHARGE WHILE THEY WERE ATTEMPTING TO MOVE A GENERATOR ONTO A CONCRETE FOUNDATION. GILES ADVISED HE WAS OPERATING THE CRANE AT THE TIME OF THE ACCIDENT. * GILES REPORTED THAT THEY WERE ATTEMPTING TO PICK UP A LARGE GENERATOR AND MOVE IT ONTO ITS CONCRETE FOUNDATION. GILES STATED THEY KNEW THEY WOULD BE OPERATING NEAR THE ELECTRICAL LINES, THEREFORE RAMEY AND SOTO WERE SUPPOSED TO WATCH THE LINES FOR GILES. GILES STATED THAT AS HE LIFTED THE GENERATOR, IT WAS APPROXIMATELY 6 INCHES OFF THE GROUND WHEN THE CRANE SHIFTED TO THE RIGHT. GILES STATED THE CRANE BOOM MOVED INTO THE ELECTRICAL LINES AT WHICH TIME RAMEY AND SOTO GRABBED THE GENERATOR IN AN APPARANT ATTEMPT TO STEADY THE MOVEMENT. BOTH WERE HIT WITH AN ELECTRICAL CHARGE AT THAT TIME. GILES STATED THERE WAS A LARGE AMOUNT OF SPARKS, THEREFORE EMPLOYEES MOVED BOTH INJURED WORKERS AWAY FROM THE CRANE. GILES ADVISED EMPLOYEES BEGAN CPR ON RAMEY. SOTO WAS UNCONSCIOUS TEMPORARILY BUT REGAINED CONSCIOUSNESS APPROXIMATELY ONE MINUTE LATER. * NO OTHER WITNESSES COULD BE LOCATED THAT OBSERVED THE ACTUAL 17:02:09 18 DEC 1998 REPORTS NO. 98-005334 INCIDENT. DETECTIVES REYNOLDS, ROONEY, AND MCDONALD WERE CALLED TO THE SCENE FOR FOLLOWUP AND PHOTOGRAPHS. * JD MARTIN WAS THE ON-SCENE PROJECT SUPERINTENDENT AT THE TIME OF THE INCIDENT. * PERSONAL INFO ON RAMEY WAS OBTAINED FROM HIS DRIVERS LICENSE. CURRENT ADDRESS AND TELEPHONE NUMBER WERE NOT AVAILABLE. * NOTIFICATION OF NEXT OF KIN FOR RAMEY WAS TO BE HANDLED BY JD MARTIN. PARKLAND HOSPITAL WAS ATTEMPTING NOTIFICATION OF SOTO'S NEXT OF KIN. * THE ELECTRICAL LINE STRUCK BY THE CRANE WAS APPROXIMATELY 20 FT ABOVE THE GROUND. THE LOCATION OF THE INCIDENT WAS 16100 DOOLEY, GROUND LEVEL, INSIDE THE CONSTRUCTION SITE APPROXIMATELY 75 FT WEST OF DOOLEY. * SOTO COULD NOT BE INTERVIEWED BY R/O DUE TO INJURIES AND SOTO DOES NOT SPEAK ENGLISH. A/M/D CODE : 1 ADDED TO UCR A/M/D DATE : 12/18/98 INJURED PERSON INFORMATION VAL: 1 VICTIM TAKEN TO PARKLAND HOSPITAL TRANSPORTED BY CARE FLIGHT DESCRIBE INJURY ELECTROCUTION CONDITION DECEASED INJURED PERSON INFORMATION VAL: 2 VICTIM TAKEN TO PARKLAND HOSP TRANSPORTED BY ADDISON 101 DESCRIBE INJURY ELECTROCUTION CONDITION GOOD ADDISON OFFENSE/INCIDENT REPORT VAL: 1 VEHICLE STATUS : 9 OTHER VEHICLE MAKE : GROVE VEHICLE MODEL : RT58D BODY COLOR : 21 YELLOW TOP COLOR 21 YELLOW FURTHER VEH DESC: CRANE RIG #219-625 PERSON WITH INFORMATION VAL: 1 PERSON TYPE W WITNESS MNI II 098842 LAST NAME GILES FIRST NAME RONNIE MIDDLE NAME LEE 17:02:09 18 DEC 1998 REPORTS NO. 98-005334 RACE (W/B/H) SEX DATE OF BIRTH PERSON AGE ADDRESS CITY STATE ZIP HOME PHONE BUSINESS NAME : W M 05/14/62 036 : 608 E. AVENUE F : MIDLOTHIAN TX 76065 : 972-723-3383 : ZACHRY-MONTEREY BUSINESS ADDRESS: P.O. BOX 1004 PERSON WITH INFORMATION VAL: 1 -------------------------r-------------------------BUSINESS CITY : ADDISON BUSINESS STATE TX Texas BUSINESS PHONE 972-267-0430 OCCUPATION : CRANE OPERATOR PERSON WITH INFORMATION PERSON TYPE MNI # LAST NAME FIRST NAME MIDDLE NAME RACE (W/B/H) SEX DATE OF BIRTH PERSON AGE ADDRESS CITY STATE ZIP HOME PHONE BUSINESS NAME : W WITNESS : 098843 : SaTO . FRANCISCO : MORALES W : M : 01/11/65 : 033 : 3619 SHELLEY DALLAS : TX 75211 : 214-320-1379 : ZACHRY-MONTEREY VAL: 2 BLVD BUSINESS ADDRESS: P.O. BOX 1004 PERSON WITH INFORMATION VAL: 2 BUSINESS CITY BUSINESS STATE BUSINESS PHONE OCCUPATION : ADDISON : TX Texas : 972-267-0430 : CONSTRUCTION PERSON WITH INFORMATION VAL: 3 PERSON TYPE MNI # LASTNAME FIRST NAME RACE (W/B/H) W WITNESS : 083663 MARTIN J. D. W 17:02:09 18 DEC 1998 REPORTS NO. 98-005334 SEX M DATE OF BIRTH 08/27/42 ADDRESS 1101 STRAWN COURT CITY FLOWER MOUND STATE TX ZIP 75028 HOME PHONE 972-724-1437 BUSINESS NAME ZACHERY MONTEREY BUSINESS ADDRESS: 16601 DOOLEY PERSON WITH INFORMATION VAL: 3 BUSINESS CITY ADDISON BUSINESS STATE TX Texas OCCUPATION PROJECT SUPER :..... .􀀧􀀻􀀻􀁾􀀧􀁩􀁩􀁾􀀬􀁾􀁾􀁗􀀻􀁾􀁾􀁧􀁾􀁾􀀻􀀬􀁸􀁾􀁾􀀢􀀢􀁦􀀭􀀧􀁴􀁾􀁾􀀻􀁜􀁦􀁾􀁩􀁴􀀲􀁾􀁾􀁾􀁩􀁾􀁪􀁾􀁾􀁾􀁦􀁾􀀱􀁾􀁾􀁾􀀭􀀧􀀱􀁾􀀢􀀻􀁓􀁩􀁩􀁾􀀮􀁩􀁦􀁾􀁉􀁩􀁾􀁾􀀻􀀺􀀻􀁾􀁾􀁊􀀱􀁾􀁾􀁾􀁾􀀠,lHUDIJ'. _ REGION, DATE=121898, TIME=135221 TO TX05701 ---INQUIRY BY TX05720 RICHARDSON PD ON SC0TT,JAMES BERNARD SEX/MRAC7B DOB703-2B-52 RGN/477077B 􀀭􀁾􀀭􀀭􀀭􀀺􀀮􀀮􀀮􀀮􀀭􀀭􀀭􀀭􀀺􀀮􀀮􀀮􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀺􀀺􀀮􀀮􀀮􀀭􀀭􀀭􀀭.....--.....----------_...._--------.......--_.-...:-.:.._---Repol"t-numberl --98-005334 lncid'entncrmbet'l 8109214 Location •••••• ;, •• I 16100 DOOLEY,RD-> . . ;" 'Apt I lot •••.,. , • ,... : 􀁾􀀧􀀡􀀭􀀺􀁬􀀮􀀱􀁾􀁴􀁾􀁬􀁩􀁴􀀮􀀬􀁑􀀬􀀠...􀀭􀀭􀁟􀁾􀀽􀀠􀁾􀁟􀀠􀁾􀁾􀁾􀀺􀀠.. 􀁾􀁟􀁾􀁾􀀬􀀺􀀬􀀻􀁯􀀠-: ' . -􀀮􀀭􀁾􀀮􀀭.. 􀁾􀀠-." _. '" Nature, •• • ••• • ••••• : ,MED:'MEDfcAL :-EMERGENCY nid;-􀁾􀀬􀀬􀀭􀀬􀀬􀁾􀀠􀀭􀁾􀀠...􀁾􀀮􀁾􀀮􀀠􀁾􀀬􀀠: 􀁾􀀭􀁾....-. :'_' .. I ·12/18/98 Time'· .......................... .. : 12:09.41 Sh i. ft ...................... 􀁾􀀠.. 8 Phone 􀁾􀀢􀀢􀀢􀀢􀀢􀀻􀁉􀁉􀀢􀀢􀀢􀀢􀀢􀀢􀀠. Priority .. 􀁾􀀠......... . 2 Grid, ,............ 􀁾􀀠............ .. : 2014 Method ............. . : 1 Call taker •••••• :. DNB Dispatcher •.•.•••• : DNB Disposition 1 ••••• NX Disposition 2 ."" .. " Primary unit ..•••• 720 Primary officer ••• 3582 Time dispatched ••• :: 12:10:20 Time arrived •••••• 12:12:29 Time cleared 􀁾􀀠••••• : 􀀱􀀳􀀺􀀰􀀷􀁾􀀳􀀶􀀠Vehicle tag ••••••• : Vehicle state .......... :' Ve,hicle calor .......... : Backup units •••••.• : 730 760 702 201 􀁂􀁡􀁢􀁫􀁾􀁰􀀠􀁯􀁦􀁦􀁩􀁾􀁥􀁲􀁳 􀀠••• ,,/3770 7233'3280 Time dispatched ,••• :.'12::10:21 12: i 1 :16 12: 13: 14 12:36:08 .'! Time -arrived ...􀁾􀀠.. "􀁾􀀠". 􀁾􀀺􀀧􀀺􀀧􀀾􀁟􀀻􀀱􀀢􀀲􀀧􀁙􀀲􀀹􀀧􀀺􀀠24',',12: 11";:1'6-'12: 27:: 24 12:36:08 􀁔􀁦􀁾􀁥􀀧􀀠􀂷􀁾􀁬􀁥􀁡􀁙􀀺􀁥􀁤􀂷􀀧􀀠.. 􀁾􀀠􀁾􀀧..... 􀂷􀀮􀂷􀂷􀀻􀀭􀁦􀀺􀁾􀀺􀁦􀀱􀀻􀁓􀀺􀁦􀀴􀀧􀂷􀀹􀂷􀀺􀀺􀀴􀂷􀀳􀀧􀀬􀀠".,'" Complainant n.ame •• 􀀼􀁃􀀻􀀸􀁩􀁾􀁰􀁯􀁩􀁮􀀠TOWER Complainarit. addt'es s·t,,:'}'" " ' Complainant phone .• ':,: , '" F Locat i on occt!t'rence : Sus"'pect s' nam e " ........ : Location name ••••• Location name 2 ... ... " 􀁾􀀠Entry made •••••••• Elapsed time ••••.• Suspect description Suspect number' •••. : Suspects vehicle •• Suspects tag ............ : Direction travel •. 􀁁􀁮􀁩􀁭􀁾􀁬􀁳􀀠...................... :_ 􀁆􀁟􀁥􀁮􀂷􀁣􀁾􀀮􀁤􀀮􀀬􀀠.. 􀁾􀀠'••, .......... -"., :' 􀁔􀁬􀀻􀀢􀀻􀁾􀂢􀁊􀂷􀁌􀀺􀂷􀁭􀁯􀁬􀁥􀁾􀁴􀀠...:. 􀁾􀀧􀀮􀁾􀀠•. :;j>"r'--: . " .'-"1' ''; . 􀁾􀀠. -,,.􀁾􀁴􀁬􀀮􀁾􀁾􀀭􀀮􀁾􀁧􀁾􀁾􀁩􀀺􀂷􀁾􀂷􀀻􀀺􀁾􀁾􀀯􀀭 􀀮􀁾􀁾􀀮􀁾􀀮􀁾..:.: 􀀬􀁾􀀺􀀠􀁩􀀻􀁾􀀮􀀬􀀠􀀺􀁾􀁩􀁪􀁬􀁬􀀰􀁴􀀻􀀮􀀺􀁩􀀻􀁾􀀢􀀺􀀠\' 07:56:59 25 JAN 1999 INVEST.SUPP NO. 98-005334 TOWN OF ADDISON -INVEST.SUPP REPORT-NO : 98-005334 PERSON TYPE : C COMPLAINANT MASTER NAME II : 098841 LASTNAME : RAMEY FIRST NAME . JAMES OFFENSE LOCATION: 16100 DOOLEY RD BEAT 20 Beat 20 REPORTED OFFENSE: ACCIDENTAL DEATH DATE OF REPORT : 12/18/98 PAGE II : 1 CASE STATUS : 3 CLOSED TOWN OF ADDISON POLICE DEPT.INVEST.SUPP VAL: 1 VEH INVOLVED? : N YEAR OF VEHICLE 0 MAKE OF VEHICLE : 0 TOWN OF ADDISON POLICE DEPT. INVEST.SUPP VAL: 1 SUPP.NARRATIVE : 12-18-98 12:15PM, INVESTIGATORS ROONEY AND REYNOLDS RESPONDED TO 16100 DOOLEY IN REGERENCE TO A DECEASED PERSON. UPON ARRIVAL CONTACT WAS MADE WITH OFFICER FLETCHER WHO EXPLAINED THE DEATH WAS ACCIDENTAL. * AN AUTOPSY WAS PERFORMED AND THE MANNER OF DEATH WAS ACCIDENTAL, THE CAUSE OF DEATH WAS ELECTROCUTION. I/O RECOMMENDS THIS CASE BE CLOSED. REPORTING OFF : 3110 ROONEY, S. J. 􀂷􀁬􀁪􀁳􀀧􀁾􀁾􀂣􀁩􀁾􀁩􀁩􀁾􀁩􀁾􀁾􀁾􀂷􀀺􀀺􀁾􀁻􀀧􀀭􀀧􀀺􀁾􀀭􀁩􀁾􀁾􀁾􀁾􀁩􀁾􀁾􀁾􀁦􀁾􀂷􀀰􀁾􀀧􀁾􀀭􀀺􀂷􀂷􀂷􀀮NUmber··,tto'sta:ges.., ••: .: ..... " .... -.. ·,.C.". Val'id a]:"arrrr ",'.": .. 􀁾􀀠.... '{ Injuries ................ ; Officers name ..... . Desc"''''ipt-i"on .... 􀁾􀀠...... -.exit doors ........ " : Activity •••••••••• : . I -",' ".. ,-.:.::::>:: General--Notes • Notes.._ ", 􀁰􀁏􀁌􀁲􀁃􀁅􀀮􀀺􀁉􀁎􀁃􀁉􀁄􀁅􀁎􀁔􀁎􀁕􀁍􀁂􀁅􀁒􀀺􀀢􀁡􀁦􀀰􀀹􀀲􀀱􀀴􀁾􀀮􀀠._12: 10:20 􀁐􀁾􀁄􀀮􀂷􀀠Rei;'poTlse' 􀁡􀁲􀁥􀀮􀁩􀁃􀀺􀁴􀀧􀁩􀁩􀁾􀀭􀁚􀀰􀂷􀀧􀁾􀀧􀀭􀀧􀀠'-'-12H0:20 FIRE INClDENrNUMBER:;S03 f0S······ 12:10:29 TWO INJURIES CARNE AND ELECTRICAL LINE INJURIES CALL OUT TU AND STREETSDES:'T WITH SIGNX 12:20:26 CAREFLIGHT' -. • : 12{21:23 POLE #39679473668241 12:22:57 CPR 12:23:09 2ND ELECT 12:23: 12 Timer reset 􀁾􀁮􀀠unit 720ai 12:2i:29 12::27:29 ADDISON AIRPORT NORTH END 300 YARDS NORTH OF AIR TOWER 12:29:25 204 ENRT FOR CRIME SCENE AND AN -INVESTIGATOR 12:33: 12 Assigned report number: 9B-005334 12,35:35 TU UNABLE TO GIVE ETA BUT THEY ARE ENRT 12::36:20 Timer reset on unit 720 at 12:38:28 12:38:28 212 WILL BE ASSIGNED TO PATROL 12:41:47 TU ON THE SCENE 12:45:23 Unit 730 cllrrent location: DOO/MW 12:45:31 Unit 730 current loc.ation: DOOLEY/MIDWAY 12:45,46 PATIENT/CAREFLIGHT 12:46,02 Timer reset on unit -720.at 12:54: 11 12:54: 11 1'1113 AVAIL IN. ADD O.y";;OF SVC PAPER WORK 13:02:07 12/.18/98: 􀀱􀀴􀀺􀀰􀁕􀀲􀀱􀁦􀁟􀁾􀁐􀁒􀁔􀀧􀀮􀀰􀀰􀀹􀀠WHO ID 356241 FROM: nCtt '·TO:. ADX'1'''::'':·' 􀁾􀁾􀁾􀁩􀁾􀁾􀁾􀁦􀀰􀀰􀁩􀀺􀀺􀁩􀁾􀁾􀁾􀀺􀀲 􀁜􀀬􀁩􀁾􀁛􀁴􀀮􀁾􀀠.. ". -'TC I C RECORD -_ . -,i."'i::-. -MKE/WANTEDPERSON-TC.t:c:rONLv ORI/TXI2i57000ili.·.:' -;;:";;12> ". ' . .NAW" 􀁾􀀲􀁪􀀠.'tiT' ......SEX. RAC/. POBI DOBI e· HGT/505 WGT/140 EYE/BROHAI/BLK FBI/740979DB4 OLNI 127160B9 OLS/TX OL Y 100 OFF/5001*BAIL-SECURED BOND DOW/050697 OCA/M9662347M MIS/CHG/BFI RESIST ARRES/WRNHIM9662347M/S ID/TX05236987 SUPP-INFOI AKA/REINA,JUAN.DOB/122456* ORr IS DALLAS SO DALLAS CO IMMED CONFIRM WARRANT AND EXTRADITION WITH ORI Tcrc RECORD MKE/WANTED 'PERSON-TCIC ONLY ORI/TX0490000 NAWflli II&,.... . SEX/. RAC;. POBnlM DOB/' iii'" 􀁾􀁾􀁾􀁾􀀵􀀰􀀵􀀠􀁗􀁇􀁔􀀱􀀱􀁾􀀰􀀮􀁩􀁾􀁾􀁾􀀧􀁾􀀺􀁾􀀹􀁬􀀭􀀱􀁾􀁴􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀀰􀀹􀀷􀀹􀁄􀁂􀀴􀀠􀁓􀁋􀁎􀁉􀁍􀁾􀁄􀀠􀁏􀁦􀁆􀀮􀀯􀀵􀁬􀁩􀀰􀀴􀀪􀁄􀁗􀁲􀁊􀀻􀀯􀀻􀀺􀀻􀁾􀀢􀀧􀀺􀁮􀀢􀀠. . DOW/030894;ClCAI ·9;33B91.2 MTC/Ontl,lry I::'t\lUAI\.Il'"'C"T\ Tn':,'d:cc::till?!. 􀁃􀁔􀀱􀀢􀁜􀀬􀀮􀀢􀁾􀁖􀁮􀀮􀁾􀀭􀀺􀀺􀀮􀀭􀀺􀀭􀁣􀁯􀁯􀀢􀀢􀀠',--' 1m. 􀁾􀁦􀁪􀀠1'\1 􀀢􀀯􀁾􀀭􀀷􀀯􀁂;>.. JANUARY II, 1999 TO; ADDISON POLICE DEPARTMENT fROM: DALLAS COUNTY MEDICAL EXAMINER'S OFFICE LINDA HARRISON -RECORDS DEPARTMENT Last Friday someone called requesting that we FAX you a copy of the cause of death sheet for James Ramey. I do not know who called, they spoke with a Field Agent. Anyway, here is a copy of the cause of death sheet. The doctor was not available to resign. If you have any problems -call me linda Harrison 214/920-5920 SEND TO: Addison Police Department #98-5334 THE SOUTHWESTERN INSTITUTE OF FORENSIC SCIENCES AT DALLAS 5230 Medical Center Drive P.O. Box 35728 Dallas, Texas 75235 (214) 920-5900 CAUSE OF DEATH Date: 19 DEC 1998 Case No. 4174-98-3265SS Name of Deceased: Ramey, James 43 /White/Male Residence of Deceased: 2030 Miller Rd. Midlothian, Texas Place of Death : Parkland Memorial Hospital Place of lnctdent/dlscovery: 12100 Dooley Rd. An AUTOPSY was performed and the cause of death is Electrocution Minner of Death: ACCIDENT Pendl ng: Reason: Comment: **original signed by doctor*· M.D. Shella spotswood, M. D. Medical Examiner SEND TO: Addison Police 􀁄􀁥􀁾􀁡􀁾􀀱􀀺􀁥􀁮􀁴􀀠􀁾􀁾􀀠 THE SOUTHWESTERN INSTITUTE OF FORENSIC SCIENCES AT DALLAS 5230 Medical Center Drive P.O. Box 35728 Dallas, Texas 75235 (214) 920-5900 CAUSE OF DEATH Date: 19 DEC 1998 Case No. 4174-98-3265SS Name of Deceased: Ramey, James 43 I White/Male Residence of Deceased: 2030 Miller Rd. Midlothian, Texas Place of Death : Parkland Memorial Hospital Place of incident/discovery: 12100 Dooley Rd. An AUTOPSY was performed and the cause of death is Electrocution Manner of Death: ACCIDENT Pending: Reason: Comment: 􀀼􀀻􀀱􀁓􀁨􀀽􀀺􀁥􀁔 􀁴􀀧􀁬􀀧􀀺􀁡􀀢􀀧􀀭􀁩􀁫􀀻􀀱􀁥􀀻􀁰􀀽􀀺􀁴􀀧􀀺􀀡􀀪􀁾􀀺􀀭􀁯􀀻􀀺􀁲􀀭􀀬,.(A.I'Cl_. M. D.'1"iO0c-._J_"__ Medical Examiner 􀀮􀀭􀁾􀀭ADDISON POLICE DEPARTMENT ADDISON TEXAS· , CRIME SCENE SEARCH REPORT DATE: 121898 SERVICE /I 98-005334 TIME RECEIVED: 12:28 ARRIVED: 12:34 CLEARED: 13:04 OFFENSE: CONSTRUCTION ACCIDENT I ELECTRlCUfION COMPLAINANT OR VICTIM: LOCAnON OF INVESTIGA nON:__'",6",1O""0:..:DOO=e!:LE",,,-,-Y ASSISTING OFFICERS: FLETCHER NOTIFIED BY: DISPATCH LATENTS: (y I N) -LPHOTOS: (y I N)_Y_VIDEO: (y I N)J'! OVERTIME:_HOURS:_MINUTES: NARRATIVE: I/O ARRIVED AT THE SCENE. TWO CONSTRUCTION WORKERS WERE REPORTED TO HAVE BEEN ELECTRICUTED AT THE SCENE WHEN A CRANE CONTACTED THE POWER LINES. I/O TOOK PHOTOGRAPHS OF THE SCENE. THE VICTIMS WERE BEING TREATED BY MEDICAL PERSONNEL AT THE TIME OF I/O'S ARRIVAL AND WERE IMMEDIATELY TRANSPORTED, THEREFORE NO PHOTOGRAPHS WERE TAKEN OF THE VICTIMS.. OFFICER: D. L. McDONALD ID II 3970 SEND TO: Addison Polig!,Department #98-5334 THE SOUTHWESTERN INSTITUTE Of fORENSIC SCIENCES AT DALLAS 5230 Medical Center Drive P.O. Box 35728 Dallas. T,exas 75235 (214) 920-5900 CAUSE Of DEATH Date: 19 DEC 1998 Case No. 4174-98-3265SS Name of Deceased: Ramey, James 43 /White/Male Residence of Deceased: 2030 Miller Rd. Midlothian, Texas Place of Death : Parkland Memorial Hospital Place of incident/discovery: 12100 Dooley Rd. An AUTOPSY was performed and the cause of death is Electrocution Manner of Death: ACCIDENT Pending: Reason: Comment: 􀁬􀀢􀀱􀁓􀁨􀀺􀀭􀀺􀁥􀀭􀀺􀁲􀁊� �􀀺􀀧􀁡􀀭􀁓􀁾􀁆􀀺􀁰􀀬􀀢􀀽􀀬􀁾􀁩􀀭􀀺􀀡􀁃􀁦􀀺􀁾􀁯􀀢􀀭􀀧..;,IA/O_. M. D.nD°c-._)_,__ Medical Examiner \ .\ .' 􀁲􀀭􀀭􀀢􀀧􀀭􀀭􀀻􀀺􀀭􀀺􀀭􀀻􀀭􀀭􀁾􀀭􀀺􀀭􀀺􀀺􀀭􀀺􀀭􀀺􀀭􀀭􀀭􀀭􀀺􀀺􀀭􀀺􀀭􀀻􀀭􀁾􀀭􀁣􀀺􀀭􀀺􀀭􀀭􀀻􀀢􀀢􀀧􀀺􀀺􀀭􀀺􀀺􀀭􀁾􀀭􀀭􀀧􀀭􀀭􀀻􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀢􀀢􀀧􀀭􀀺􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀂭-......􀀭􀀭􀀮􀁾.... ':! 􀁣􀁾􀁲􀁑􀀢􀀧􀀩􀀨􀀻􀁲􀀺􀀮􀁶􀀠􀁹􀀼􀁾􀀢􀀬􀀻􀁲􀀻􀀠.:'".;:_ .... ,;; :1"1C::-.; -------_.... _-_.... ----o r' 􀁾􀀠􀁾􀀠c r (,:" f r 􀁾􀀠," ::: :'--'-}; I 􀁾􀀠􀀶􀀭􀀻􀁔􀀻􀁾􀁾􀁆􀀠\' l... 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" .. rxtent cd SmOkf' Q¢,'tlage ••• Fxtt::nt of 'r42.ter cc._fYl 2,')t; " ...i---􀁾􀁾􀀭􀀭􀀢􀀢􀀢􀀭􀀭􀁾􀀮􀀢􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀭􀀭􀀭􀀭􀀭􀀭􀀢􀀢􀀢􀀢􀀭􀀭􀁾􀁾􀀭􀀭􀀭􀀢􀀢􀀭􀀭􀁾􀀭􀁾􀀢􀀭􀀭􀀢􀀢􀀢􀀭􀁾􀀢􀀢􀀭􀀢􀁾􀀭􀀢􀀭􀀭􀀭􀁾􀁾􀀭􀀢􀀢􀀭􀀢􀀢..-. 􀁾􀀮􀀢􀀭..-.--"--"..􀁾􀀭􀀭􀁾􀀭r"xt.e:nt ut irt; 􀁃􀀨􀁬􀁮􀁾􀁲􀁄􀁄􀀠.. 􀁩􀀱􀀱􀁾􀀧􀀺􀀺􀀺􀀠t 0 r i ::" 1 2 f.'\ e r .:, tin ;; off I 2J :!;e t. r 'l v ;: 􀁾􀀬􀀻􀁣􀁾􀂷􀁾􀀧􀀻􀁾􀂷􀀭􀀧􀂷􀂷􀀧􀀺􀀭􀁾􀁯􀁾􀀬􀀻􀁥􀀠·. ·. • • ""',..: I 1 C.':1 t·1 0 n s 􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀢􀀭 I0: 0 c.. (j')0: n 12. Delivery of Evidence ot fH';:I\r;mce Company slla!! deli>:!":1 1(\ 􀁉􀀡􀁊􀁾􀀠City any.lrom lime 10 Ume. thaI a sublease is enter'€:o inlo by the Company. the City shan deliver 10 any SUCll sul)\ennn\ its esloppel certifiCate, cenifying unto the subtenant that this Agreement is in full force and effect. Section 21. ApplicOlblc Govcrnmcntnl Requircmcn,ts The Company agrees, (a) at its expense, to procure Irom governmenlal authority, having jurisdiction, all licenses. certificates, permits or other aulhoriza!ion which may be necessary for the conduct 01 its operations or for any additional construction required pursuant to the terms of this Agreement (b) that it shall, at jis expense, comply with and CaUse Ihe Leased Premises and Company's operations to comply with all governmental statutes, raws. rules, orders, regulations and ordinances affecting the Leased Premises or any part thereof or the use or occupancy or any part thereol. Seelion 22. IndemniHcaHon Company coven./lnts nnd ngmns thai it will defend, indemnity ami save harmless the City, its council, officers, agents and employees from and againsl any nnd an actions. suits, claims, demands, lIabilllies, losses. damages, cosls, expenses Of Judgements of any nature whatsoever, arising from; (a) any injury to. any nuisance, or the death of any person or any damage to property on the Leased Premises, or any damage to properly on the Leased Premises, or in any manner gfOwing out of or connected with the use, 􀁮􀁯􀁮􀁾􀁵􀁳􀁥􀀬􀀠condition or occupancy of the Leased Premises or any pan thereof or resulting from the condition,thereof, (b) the ownership, use or non-use or condition of the Improvemenls, or {c) vio!alion by Company ot any agreement or condition of this Agreement, and of any contraCt or agreement to which Company is a pany, or ,my restriction, slatule, law, ordinance or regulation Of otherwise, in each case affecting the Leased Premises or the ownership. occupancy or use Ihcreof. In case any action or proceeding be brought against the City by reason of any such claim, the Company covenants upon nolice from the City to resist or defend such action, and the City will cooperate and assist in the defense of such action or proceeding. if reasonably requested so to do by the Company; provided, however, that the Company shall not be liable for damages nol covered by insurance required to be carried pursuant to this Agreemenl and caused solely by the negligence or 􀁤􀁥􀁬􀁩􀁾􀁥􀁲􀁡􀁴􀁥􀀠act of the City, or any of its council, officers, agents, servants or employees. This provision shall not operate to indemnify others when liability lor damages arises due to the fault of such others, unless they are insured or indemnified parnes under Ihe insurance policies or contracts required by this Agreement. Section 23. Federal Airport Aid The City has made application to the 􀁆􀁥􀁤􀁾􀁾􀁦􀁡􀁬􀀠AviatIon Administration for a granl(s) of federal funds 10 partialty defray the cosl 01 acquiring the Leases Premises. The Company, in its management, operation, mainter1ance and use of the Airport. shall be subIect to to and hereby assumes the terms, condilions and provisions of any and all grant agreements and project applicalions imposed on the City by the Federal Avaiatlon Administration, and any other federal obllgations or restrictions with respect thereto. The Company shall in its agreements with other users of the Airport insert in said agreements the appropriate provisions and requirements as required by any and all 'Of the provisions of lhegrant agreement and the project applications, the assurances set forth therein and any other lederal obligations 'Or restrictions with respect thereto. To the extenl that the City considers il prudent, COnsidering the requiremenls allached to the acceptance of such fundS, the City shall continue io apply for and make maximum use of all avairable federal and stAte funds for the development of the Airport: provided nothing in Ihis Section obHgates or requires the City to apply for such tunds, other than funds necessary to acquire Additional Purchases. Secti'On 24. Notice to Indemnified Parlies Notwithstanding the indemnification set forth in Section 22, the Company shall forward to the City a copy 01 • complalnt, or other process received in any legal pr'Oceedings encompassed by such indemnification or in any way affectino the City, or any other lndemnified party. Section 25. Liability of Officials No officers, agent or employee of the City or the Company shall be personally Hable for any of their acts carrying out the provisions of the Agreement, in exercising any power or authority granted to them pursuant to the Agreement, it being understood that in such matters they act as agents and representatives of the City and the Company. Section 26. 􀁎􀁯􀁮􀁾􀁄􀁩􀁳􀁣􀁲􀁩􀁭􀁩􀁮􀁡􀁴􀁩􀁯􀁮􀀠Company will, in its operalions on the Airport, be bound by the CivlI Rights obligations imposed on the City. Company will nol deny any benefits to or otherwise discriminate againsl any person or group on the basis of race, COlor, sex, or national origin. Company will comply with appticable pori ions of, of, and will eHect City's compliance with the Attachment:2 (including OST Regulations, Part 21) attached hereto at'd incorporaled herein by reference for all purposes. Seclion 27. OMS!.:: Advertisements, Bids, Concessions: In addition 10 complying with the above and normal procedures required 01 the Cily by statellederal law and agreements, the Company will send a copy of all invitations for bids, advortisod or negotiated, for concessions oj' olher businesses at the Airport to the appropriate Office of Minority Business Enterprise (OMBE) representative as identified by the FAA Regional Civil Rights Office. The Company will disclose and make information about the contracts. contracting procedures and requirements available 10 the designated OMBE representative and m inorlly lirms on the same basis thai such information Is disclosed and made available to other organizations or firms, Ror.ponscs by I'll inorily firms 10 inv!\a!ion::; lor bids shall be !rctited in the same manner as all other responses to the Invitations for bid'. Section 28. Assignment Excep1 as expliciUy set fonh herein or contemplated by this Agreement, the Company shall not assign, sublet, sell, conveyor Iransrer Its rights under this Agreemenl or any part thereof without the prior written consent of the City, provided, however, thaI this Agreement may ,be 􀁡􀁾􀁳􀁬􀁧􀁮􀁥􀁤􀀠in its cntfrety without such consent for a period of one year from the effective date of this Agreement. The City hereby agrees that it will not unreasonably withhold ils consent to Such an assignment or sublease, sale, transfer, and shall nol make any charge f'Or any such assignment, sublease, sale or transfer made with its consent. Section 29. Events of Oeiaull and Remedies • The following shall be "evenls of default" as 10 the Company under this Agreement and the term "event of default" as to the Company shall mean, whenever Ii is used thiS Agreement, anyone or more of the following events: (a) Failure by the Company to pay when due or cause to be paid when due the Rent required to be paid under Section 5 hereoL the Company to observe and perform any covenant, condition or agreement on its pari to be observed or performed for a period ot thirty days after written notice. specifying such failure and requesting that It be remedied, given to 1he Company by Ihe City. unless the City shall agree in writing to an extension of such time pdor to its expiration. {c} The Leased Premisos shall be abandoned, deserted 􀁯􀁾􀀠vacated by the Company or any lien shall be filed against the Leased Pn::fllises or {toy pari theroot in violr:llion of this Agreement and shall remain unreleased for a period of stxly days from the dale of such iilinn \lOles,;; withm saId period (hp. Company is contesting in good faith the validity of such Hen. (d} Thedissolution or liquidation of the Company or the filing by the Company Of a VOluntary peUUon in bankruptcy, or failure by the Company within sixty days 10 lift any execution, garnishment or atlaCl1menl of such consequence as will Impair its ability to carry on its operations at the Leased Premises, or the adjudication of Ihe Company as a bankrupt, or general assignment by the Company lor the benefit of its creditors, or the approval by a court 01 competenl jurisdiction of a petition applicable 10 Ihe Company in any proceeding for its reorganization instituted under the provisions of the general bankruptcy acl, as amended, or under any similar act which hereafter be enacted. The term 􀀢􀁤􀁩􀁳􀁾􀁯􀁬􀁵􀁬􀁩􀁯􀁮􀀠or liquidation 01 the Company", as used in this subsection, shall not be construed to cessation of the corpomlc e'Xis!enr.c of the Company following a transfer of all or substantially aU of Its assets as an entirely, under the conditions 􀁰􀁥􀁲􀁭􀁩􀁬􀁬􀁩􀁮􀁾� �􀀠,ryr;tions cOIlI,lloer! in Section 29 hereof, which such dissolution or liquictalion Ii IS "cknowledged will occur. Section 30. 􀁾􀁣􀁭􀁣􀁤􀁬􀁡􀁳􀀠on Default Whenever any event 01 default as to the Company referred 10 in Seclion 30 hereof shaH have happened and be subsisting. the City may lake (jny one or more of the 101l0wing remedial steps as against the Company: (a) The City may 􀁲􀁥􀁾􀁥􀁮􀁬􀁣􀁲􀀠and take possession of the Leased Premises without terminating this Agreement and sublease (or operate as a subleasee) the Leased Prcmlst::s for the account of the Company. holding the Company Hable tor the difference between the rents and other amounts payable by the Co.npany hereunder and Ihe rents and other amounts payable by such sublessee ln such suhleasing or. if operated hy Ihf) City, the (Jiffp.t(mcp. between the net revenues received from such operations and the renls and other amounts o/l'1tlb1e by Ihf;' l:omp,"lny IlemundCf, ttll Tl1e 􀁃􀁩􀁾􀁹􀀠nw\, 􀁴􀀨􀁾􀁲􀁮􀁬􀁬􀁮􀁡􀀡􀁦􀀩􀀠this f\greemrmL \ • 5 (c) The City may lalte whole Jlher action at law or!n equity as may app0ar neL __ ..dry or 􀁵􀁥􀁳􀁩􀁲􀁤􀁬􀁊􀁉􀀬􀁾􀀠iG collect tile 􀁾􀀨􀀻􀁲􀁤􀀠ther, t!ue and thereafter to become due, or to enforce performancE: and ob6ervancc 01 any ob1i.;)al;oll, .'..i\jr(:Q!llelli or 􀁣􀁯􀁶􀁥􀀺􀀢􀀬􀀺􀁾􀁬􀀠0; i:-,,:! C.:;n·.pr,r,y unJer this Agreement. Section 31. No Remedy Exclusive No remedy herei·n conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulalive and shall be in addition to every other remedy given under this Agreement or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised lrom time to time and as olten as may be deemed expedient. In order 10 pnlillr. the Cily to exercise any remedy reserved 10 it in this Scclion. it it Shilll nol be necessary 10 Dive any notice. unl,,:;s such IlOlio: I:; IH!{,·III expres51y required by law. Seclion 32. No Additiollal Waiver Implied In the event any covenanl (;ontained in Ihis Agreement should be breached by oither party and tl1Ncoflr.::r waived by tlw otller party, such waiver shall be limited 10 the particular breach so waived and shall not be deemed to waive any Oiller breClch hereunder. Section 33. Termination by Company The Company may terminate this Agreement upon tile occurrence 01 anyone or more of the following reasons: (a) In the event the Airport shall be closed or its operations curtained by more than fifty percent 01 its achieved operating level in terms of daily average departing and arriving flights, the Company in its reasonable discretion may cease or curtail its operations in the Leased Premises during the period that the Airport operations have ceased or have been so curtailed, ancl il such condition shall continue unabated lor more than two years, the Company shall have the right and option to terminate the Agreement upon tllirty days prior wrilten notice to the City. (b) The City shall fail 10 perform any 01 its obligations under this Agreement within six.ty days alter receipt 01 notice of defautt hereunder from the Company (except where fulfillment of its obligations require activity over a period oltime and the City shall commence 10 perform whatever may be required for fulfillment within sixty days afler the receipt of notice and conlinue such perfcrmance without interruption, except for causes beyond its control). Upon the occurrence of any of the foregoing events, or at any time thereafter during the conlinualion of any such condition. the Company may, by sixty days written notice terminate this Agreement, such termination to be effective upon the date set forth in such notice and to have the same effect as if the terms hereof had expired on thut date, subjEct, as aforesaid, to tile provisions of this Section. No waiver by the Company of any default on the part of of the City, in the"performance of any of the terms, covenants or conditions hereof 10 be performed, kept or observed by the City shall be or shull be construed to be a waiver by \lle Company oi any other or subsequent default in the performance of any of said terms, covenants and conditions. Section 34. Access and Egress Except as set forth in this Agreement, the City hereby grants to the Company full and unrestricted ilccess to and egress from 1I1e Leased Premises and between the Leased Premises and the public roadways for the Company, its employees, guests, patrons, invitees, contractors, suppliers of materials, furnishers of services, its or their equipmenl, vehicles, machinery and other property, without charge to Company or to said employees, guests, patrons, invitees, contractors, suppliers of materials and furnishers of services, or It',eir said equipment, vehicles, machinery or other properly. Section 35. Company's Right to Remove Property The Company shall have the right al any time during the term 01 this Agreement or any renewal or extension thereof, or at the expiration or earlier termination thereof, to remove any nonessential personal property which it may have on the Leased Premises, including, without limitation, furniture, equipment and machinery; provided the City will purchase from the Company, at its Ihen fair market value, any personal property which the City deems essential. Section 36. Termination, Settlement In the event the City exercises its right to terminate the Agreement or any part thereof, the Company and the Cily shall endeavor in good faith to negotiate a sale by the Company to the City or lis designee of the Company's personal property located on the Leased Premises. Upon termination of the Agreement, the City may, and the Company shall, remove any Improvemenls on the Leased Premises belonging to the Company at the Company's expense if required by the City. Section 37. Settlement In the event that any sums due or to become due the Company upon termination of this Agreement are paid or payable to the City, tile City sh&.11 not have any obligation to make such payment or settlement to the Company, (i) until receipt of payment due to City from Company in accordance with perlinent provisions of this Agreement under which termination is permitted and, (il) until Company has paid all otller sums due under this Agreement. Section 38. Quiet Enjoyment The City covenants that through the term hereof, the Company sl1all have, hold and enjoy peaceful and uninterrupted possession 01 all of the Leased Premises, subject to the performance of the covenants as herein provided. Section 39. No Third Party Beneficiary No provision contained in or incorporated by the Agreement shall create or give to any third party or parlles any claim or right of action against the Company or the City, beyond such claims or righls of action which legally exist in the absence of any provision of said Agreement. Section 40. Severability Each and every covenant and agreement contained in this Agreement is and shall be construed to be a separate and independent covenant and agreement. Section 41. Binding Effect All of the covenants, conditions, and obligations contained in this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the «ity and the Company, subject 10 the limitations contained herein restricting such assignment by the Company, to the same extent as if eAch such successor and assign were in e.ach case named as a party to this Agreement. This Agreement may not be altered, modified, or discharged except by a writing signed by the City and the Company. Section 42. Governing Law This Agreement shall be governed by and inwrproted under and ill accordilnco with the 18WS of tIll: 51.:.!le 01 reXd:;. Section 43. Venue The venue of any action drawn under this Agreement shall lie in Dallas County, in the Stale 01 Texas. Section 44. Force Majeure Neither the City or the Company shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or which is not in its control, and the time for performance shall be automatically extended by the period the party is prevented from performing its obligations hereunder. Section 45. Issuance of Revenue Bonds for Future Improvements City and Company acknowledge that as the Airport develops such circumstances may require that additional Improvements ("Future Improvements") will be needed in order to provide convenient and necessary services at the Airport. Subject to the approval of plans and specifications by the City as submitted by the Company, the City may make such acquisitions, additions, extensions, improvements and modifications to the Airport as shall be recommended by the Company. In order to obtain funds for such purposes, the the City, in its discretion, may provide for the issuance of Airport revenue bonds. Section 46. Airport Boundaries The City will not grant any access, privilege, license, or permission 01 any kind to any person, firm OJ corporation using, owning or occupying any land outside the designated boundaries of the Airport as shown on Exhibit "2" Ilereof, to use or have access to the Airport. Section 47. Covenant by Company It is understood and agreed by the panies hereto, that the Company will not make any improvements, changes, alterations, modifications, or removals at the Aitport, which will effectively ldestroy the ability of the Airport to render firstclass service to its customers and for the maximization of revenues. 􀁾􀁾􀀠 "Section 48. Record Keeping '. -The Company shall maintain in accordance with accepted accounting practice and make available to an authorized representative 01 the City for consideration records, books and its annual audit prepared by an independent Certified Public Accountant. The Company shall permit such authorized representative of the City to inspect such books and records during ordinary business hours of IheCompany and at times reasonably covenienl to the Company. Section 49. Notices Notices provided lor in this Agreement shall be sufficient if sent by registered mail, postage prepaid, addressed if 10 the City -The City of AddiSOrl, P. O. Box 144, Addison, Texas, 75001, Attention: City Administrator, or to such other address and person it may direct in wriling; and ilto Company -Addison Airport, Inc" P. O. Box 34067, Dallas, Texas 75234, or to such other address and person as it may direct in writing. Notices shall be deemed completed when mailed unless otherwise herein required. IN WITNESS WHEREOF, WHEREOF, the parties hereto have caused this Agreement to be signed and sealed as 01 the date first above written. ATTEST: 􀁾􀁾􀀯􀁰􀀮􀁊􀀩􀁾􀀠BY: .//I tBCRETARY VL&«f 􀀯􀁾􀁾􀀠APPROVED AS TO FORM: d7h& CIT7ATTORi\lEY ATTEST, " 􀀧􀁾􀀠􀀩􀁨􀁾􀁩􀁬􀀩􀀯􀁌􀁣􀁌􀁌􀁟􀀯􀀠BY: 􀁾􀀠SECRiTARY \ 7 C FIELD NOTES BE1NG a tract of land oul oJ the E. Cook Survey. Abstract 326, the William Loma« Survey, Abstract 792, the George Syms Survey, Abstract 1344, theWliliam Rowe Survey. Abstract 1251, and pan of Lot 1, and Lal 2.of alack "A" of Carroll Estates Addition, Dallas County, Texas, and being more fully described as 􀁦􀁯􀁬􀁬􀁯􀁷􀁳􀁾􀀠BEGINNING at a fence post found tor the apparent intersection of the North 􀁲􀁬􀁧􀁨􀀱􀀭􀁯􀁦􀁾􀁷􀁡􀁹􀀠line of Keller Springs Road, a 50 foot street, and the East line of Dooley Road. a 60 foot street. said beginning point being S 89· 58' 54" E 30.00 feet, thence N OQ 05' 50" E 25,00 fcct tram the 􀁡􀁰􀁰􀁡􀁲􀁾􀁮􀁴􀀠northwest corner 01 􀁉􀁨􀁾􀀠E, Cook Survey, Abstract 326: THENCE N. 89* 58' 54" W. a tllstallCC 01105.72 feet with the NQrth linG 01 said Keller Springs Road 10 un angle POint in the righi-ot-'.vay: THENCE N. 􀀵􀀶􀁾􀀠19' 03" W. a distance of 90.20 feet wllh said angle in the righI-oJ-way to a poinl In the East righI-of-way line 01 Dooley Road; THENCE N. O· 03' 47'" W. W. a distance of 1457.70 feet with the East linc of said Dooley Road 10 a j)oinl; THENCE N. 20° 38' 30" W. a distance of 170.87 feel to the apparent West 􀁲􀁩􀁧􀁨􀁴􀀭􀁯􀁦􀁾􀁷􀁡􀁹􀀠fine of sald Dooley Road; THENCE S. O' 03' 47" E. a distance 01 313.49 feel wilh Ihe apparenl Wesl line 01 said Dooley Road 10 a point; THENCE N. 89' 23' 56" W. a dlslance of 208.00 leel 10 an iron pin; THENCE N. 0' 14' 32" W. a distance of 161.00 feet to an Iron pin; THENCE N. 89' 56' 00" W. a distance of 203.65 lecl 10 a point; THENCE N. 20° 38' 30" W. a distance of 2156.07 feet to a point in the apparent East right-of-way line of New Dooley Road, a 100 foot street: THENCE N. O' 09' 30" E. a distance of 1189.87 leet with the EaSI line of said New Dooley Road; THENCE N, 890 53' 26" E. a distance of 1165.44 teet to a polnt In the apparent West line of Dooley Road; THENCE S. 0" 03' 47" E. with the apparent West tine of Dooley Road, at 335.02 fee! passing a concrete monument lor a totol dlstance of 1550.38 feet to an iron pin; THENCE S. 20° 46'10" E, a distance of 539.44 feet wHh Ihe West Hne of said Dooley Road 10 an iran pin for the beginning pOint of a curve to the left; THENCE in a southeasterly direction with the curved West line of said DooI(3Y Road hnving a central angle oj 􀀶􀀹􀁾􀀠19' 0,1", n radius oJ 337.18 feet a dlstance of 407.93 feet to a point In the South 􀁲􀁬􀁧􀁨􀁴􀁾􀁯􀁦􀀭􀁷􀁡􀁹 􀀠line of Keller Springs Road; THENCE N. 89-54' 46" E. a distance of 2135.61 feet with the South line of said Keller Springs Road 10 a pOint jo the West 􀁲􀁩􀁧􀁨􀁴􀁾􀁯􀁦􀁾􀁷􀁡􀁹􀀠line of Addison Road; THENCE S. 0 9 14' 20" E, a dislance of 307.44 feel with the West line of saId Addison Road 10 an iron pin; THENCE S. 89' 45' 40" W. a distance 'of 200.00 foet to a poinl; THENCE S. 0' 14' 20" E. a distance of 210.72 ICBt to a point; THENCE S. 43' 16' W. a distance of 1595.29 feet to an irOn pin; THENCE S. 46-44' E. a dIstance of 202.51 feel to a poinl; THENCE S. 20' 43' E. a distance 01 350.85 feet to a point; THENCE N. 69' 17' E. a distance of 30.00 leet to a pOint; THENCE N. 71' 12' 51" E. a distance of 185.72 feel to a point; THENCE N. 44· 44' 08" E. a distance of 7.05 teet to an iron pin found for the Southwest corner of a tract of land conveyed to O.J. Broughton and E.E. Ericson by deed recorded in Volume 4350, Page 491. Deed Records of Dallas County; THENCE N. 89" 54' 40" E. a dIstance ot 819,46 reet with the South line of the Broughton tract to an iron pin in the West line of said Addison Road; THENCE S. 0"14' 20" E. a distance of 490.82 feet with the West line of said Addison Road to a: point in the apparent common survey line between the William lomax Survey, Abstracl 792, and the E. Cook Survey, Abstract 326: THENCE S. 89° 37' 20" E. a distance of 58.08 teet wilh said common survey line to a point in the West line of said Addison Road and the beginning of a curve to the left: THENCE Southerly with said curve, and the West line of Addison Road, having a central angle of 1 f> 53'11". a radius oj 746.30 leet, for a distance of 24.57 feet; .• THENCE S. 26' 12' 50" E. 34.05 feet with Ihe West line 01 Addison Road to the beginning 01 a curve 10 the right; THENCE in a southeaslerly direction with the curved West line of said Addison Road having a central angle of 25 Q 50'. a 􀀨􀁡􀁤􀁩􀁵􀁾􀀠01 686,30 feet for a distance of 309.44 leet; THENCE S. 0-22' 50" E. a distance of 2081 ,91 rect with Ihe West tine of said Addison Road to an angle pom! in Ule 􀁲􀁩􀁧􀁬􀁬􀁬􀁾􀁯􀁦􀂷􀁷􀁡􀁹􀀺􀀠 THENCE N. 89'" 37' 10" E. a distance of 10.00 leet with said angle in the right-of-way to a point in thv Wesl line of said Addison Road; THENCE S. 0' 22' 50" E. a distance of 812.30 feet wilh the West Iino of Addison Road to a poinl; THENCE S. 69' 37' W. a distance 01 185.70 leet to a point; THENCE S. 0' 22' 50" E. a distance of 263.11 leet to a point; THENCE S. 66' 06' 26" W. a distance. of 17.27 feet to a point; THENCE S. 0° 22' 50" E. adistance of 211.04 fee110an iron pin In the North right-ot-way line or the S1. Louis and Southwestern Railroad; THENCE S. 66" 06' 26" W. a distance of 759.90 feet with the North line of said SL Louis and Southwestern Rallroad to an iron pin and the most easterly Corner of Addison Airport Industrial District; THENCE N. 67'" 01' 55" W. a dIstance of 273.80 feet to an iron pin in Ihe easterly line of said Addison AirpOrl Industnal District; THENCE N. 20· 39' 35" W. a distance of 572.28 feet with the easterly line of said Addison Airport Industrial District to an iron pin; 8 I,Cc •, THENCE S, 75' 48' 25" W. a distance 01 448.95 leel to a point; THENCE N. 89' 56' 35" W, a dislance 01 658,63 feel to a paint; THENCE N. 0' 03' 25" E, a distance 01 160,00 leet to a point; THENCE N. 8ga 56" 35" W. a distance of 160.00 reel to a point in the Easl righi-ai-way line of Dooley Road; THENCE N. 00 03' 25" E. a distance of 10,00 feet with the East line or Dooley Road 10 a poinl; THENCE S. 89' 56' 35" E. a distance 01 797.46 feet to a painI; THENCE N. 75-48' 25" E. a distance of 408.36 feet 10 an iron pin in the easterly line at said Addison Airport industrIal District: THENCE N. 20" 39' 35"W. a distance of 2386,20 feet with the easterly line ot said Addison Airport Industrial District to an iron pin lor the northeast corner of Addison Airport lndustrlal District; THENCE N. 20· 43' 53" W, a distance of 320.72 feet to an iron pin; THENCE N. 89' 49' 30" E. a distance of 9.98 tee! to an iron pin; THENCE N, 201> 17' 10" W, a distance 01 389.50 feet to an iron pin; THENCE N. 􀀸􀀹􀁾􀀠54' 10" W. a distance af 117.08 feet to an iron pin in the apparent East right-of-way line of said DOOley Road; THENCE N. 0° 05' 50" E. a distance of 502.30 feet with the apparent East line of said Dooley Road to the placeor beginning and conlairting 365.340 acres of land, more or less, save and except the following 1 acre tract; Beginning at a fence post fOtmd ror Ihe apparent intersection of the North 􀁲􀁩􀁧􀁨􀁬􀁾􀁯􀁦􀁾􀁷􀁡􀁹􀀠line of Keller Springs Road, a 50 foot street. and the East line of Dooley Road, a 60 fool street. said pOint being S. 89" 58' 54" E. 30,00 feel, thence N. 01> 05' SO" E. 25.0 feet from the apparent northwest corner of the E. Cook Survey. Abslract 326; Thence N. 89'" 58' 54" W, 105,72 ieet with the apparent !'i0rth line of Keller Springs Road: Thence N. 56 0 19' 03"W. 90.20 feel to a point tn the East line of Dooley Road; Thence N. Oil 03' 47"W. 1457.70 teet with the apparent East line of Dooley Aoad; Thence N. 20" 38' 30" W. 170.87 leel lo a point in the apparent West line of Dooley Road and the BEGINNING POINT of this description; THENCE S. O' 03' 47" E. 209.0 teet with the West line of Dooley Road; THENCE N. 89' 23' 56" W. 208.0 leet to an iran pin; THENCE N. 0° 14' 32" W. 209.0 leel to an iron pin; THENCE g, 89" 23' 56" E. 208.0 foci 10 the place of beginning and containing 1.0 acres of land, more or less. The pial hereon is a true and accurate representation of the properly as determined by actual survey, the lines and dimensions of said property being as indicated by the plat; all improvements being within the boundaries of the properly. Easements 01 record Ihat COuld be lOcated are shown. ThiS plat is subjec,\,O a'ny easements of record not shown. :7 JAIJ 1917 􀁴􀁕􀁊􀁊􀁾􀁾􀀭W, J.l'lischmeyer Aegisllared Professional Engineer , . ........."""'-"b..,-,., 􀁾􀀢􀀺􀀴􀀠OF'" '\ 􀀮􀀺􀀺􀀭􀁾....,;;; 'f!.i.'-',-., 􀁾􀀢􀀢􀀢􀀢􀁉􀁊􀀾􀀧􀁉􀀻􀀬􀁾􀀮􀀠􀁾􀀠"'; *!_"!:.. --7.·..1'i 􀂷􀁾􀂷􀁌􀁕􀁁􀁍􀀠J. WISCHl.lt"fER /' :;",,\---ge55 (fIt I; .j 􀀬􀀮􀁾􀀢􀀠􀁾􀀬􀀮􀀬􀀭􀀭􀀺􀁾􀀠􀀮􀁦􀀿􀁾􀀠.􀀨􀁴􀁾􀁾􀀠􀁾􀀢􀁾􀁲􀀺􀁉􀀭􀀧􀀯􀀻􀀢􀀢􀀠EXHIBIT .-'􀀧􀁾􀁓􀁫􀀱􀁾f.!-...... j" .\,.,;,":1......'110.-""'" P l") ,-. 01:' r' T Y 􀁾􀀠""'I , ......../\ '--oK, • .. (-,,:....c ...... ,􀁜􀁾􀁉􀁉􀀠... tl.rHi-·""'\ :...-; PO'-'-(",; ... ·"j,d·..AD "·'·-􀀮􀁊􀁉􀁾0';...... i\" i ...) 􀁩􀀢􀀧􀁾􀁾􀀠􀁾􀀠'...;i i ...... r""-... j; l, D 1"' \ 􀀭􀁾􀀠0 N I' • l " ,-X /I <;:"."-' VI'::::;) c::... r--\,;;;l 􀁾􀁩􀁥􀁷􀁥􀀠& CWi.!lcliH1:eY'er. 􀁾􀁴􀀱􀁣􀀮􀀠CONSULTING ENGINEERS DALLAS TEXAS 􀁃􀁣􀀮􀁃􀁓􀁍􀀶􀁬􀀮􀀺􀁾􀀠:·Ti-B 9 ,• 'l'jJE 5'£7\').'£ OF 'fEXAS § § ASSIGNl:'1EN'r 01-" 􀁌􀁾􀀮􀁎􀀠DLORD I S 􀀡􀀡􀁾􀂷􀁔􀁴􀀺􀁈􀀮􀁬􀀧􀀻􀁓􀀧􀁌􀀧􀀠COUN'l'Y OF DALLAS § IN LgASE AGREBl·IEN'l'S NHEHEAS, The City of Addison, Texas, hereinafter called lIl\ssignee", has by \Varranty deed of even date here""i th acquired the real property described in 􀁅􀁾􀁨􀁩􀁢􀁩􀁴􀀠A attached hereto and incorporated 􀁾􀁥􀁲􀁥􀁩􀁮􀀠by reference for all purposes, hereinafter called the ;uProperty", from Addison Airport, 􀁉􀁮􀁣􀁾􀀱􀀠hereinafter called 1T1\ssignortl; and WHEREAS/the P.coperty is subject to certain lease agreements l being nlore particularly described in Exhibit B attached hereto and incorporated herein, said lease agreements hereinafte:r: colleC'tively called "the Leases"; and \'lH:EREAS, Ass).gnee has requested that Assignor's interest as Landlord under the Leases be assigned to Assignee: of \vhich is he:.ceby 􀁡􀁣􀁫􀁾􀀱􀀰􀁴􀂷􀀱􀀱􀁥􀁤􀁳􀂷􀀧􀁚􀀡􀁤􀀠and confessed, and ot!lBr 􀁉􀁪􀀢􀀬􀁾􀀮􀁯􀁤􀀠and valuable consideration has p.ssigned l ?ri-:nsfG:n:ed 2.nd Conveyed, and does by these pxo:sents J..ssign, 􀁔􀀺􀁲􀁡􀁮􀁾􀁦􀁥􀁲􀀠and Cor.\'uy unto Assignee the Landlord l s interest undBr the 􀁲􀁾􀁥􀁡􀁳􀁣􀁳􀀠togetherI with all rental and other sums due Or to becorne due 􀁴􀁨􀁥􀁬􀀺􀁥􀁵􀁮􀁤􀁥􀁲􀁾􀀠In connection with this J..ssign;:-:ent, Assignor vlarrants: (a) rrhat Assignor is the C'''':;1er of the L2asesi enforcea.ble in accordance wi th its te:r:;:-.s; (e) That Assignor :has the right to l,.ake this AssignrnGlnt; standing avent of default under the Laases either by Landlord or the respective rl'enant thereunder; and {e) 'That the Leases set forth On Exhibit B are all of the lenses affecting the 􀁐􀁲􀁯􀁾􀀩􀁥􀁲􀁴􀀮􀁹􀀠except for certain leases for a 􀁰􀁥􀁲􀁾􀁯􀁤􀀠of less "c.han one year for the store.ge and tie-doivn of aircraft. Pursuant to Operating Agreement to be 􀁥􀁮􀁴􀁥􀁲􀁣􀁾􀀠into this day by Assignor and Assignee, the Leases shall be re-assisned by Assignee to Assignor and Assignor shall operate and manage the Property for and on behalf of Assignee. For this reason l all security deposits 􀁡􀁾􀁤􀀠prepaid rentals, if any, previously paid by the :r.es!?ective t.eTlc.nts to Assignor shall be retained by Assignor for the benefit of Ji.ssignce and 1\ssis;:nor sn'3:11 :'-eep and perform all of the duties and obligations of the Landlord with kespect to such security deposits and prepaid rentals if any, and shallr hold Assignee safe and 􀁨􀁾􀁲􀁭􀁬􀁥􀁳􀁳􀀠from its failure to do 􀁳􀁯􀁾􀀠day o£ Dec4':!,,ber I 1976. Its THE STATE OP TEXAS § COuNTY OF 􀁄􀀮􀀻􀀻􀀧􀀮􀁲􀀮􀀮􀀮􀁉􀀮􀀮􀁾􀀮􀁓􀀠§ 􀀳􀀻􀁾􀁾􀀺􀀺􀂷􀀧􀁏􀀻􀀻􀀧􀀺􀀺􀀺􀀺􀀠􀀺􀀧􀁾􀀬 􀀠-.:;-,<3 u!":GG-rsig:>1td, a .. 􀁾􀀭􀁩􀁯􀁴􀁡􀁲􀁹􀀠?ublic in and for sale. CO;;'::'::;' P;;-":' :':::'.';"=J ':.;1 ""_:,is 􀁾􀁡􀀮􀁹􀀠􀀻􀁾􀀺􀀺􀀧􀀭􀀵􀀮􀀻􀀺􀀮􀀺􀀺􀁡􀀡􀀮􀁬􀁹􀀠a.??;;c1.'Gd 􀁅􀀺􀀺􀀺􀀺􀁾􀀿􀁙􀀠S'I'UAE<.T I :'-':1o;..'n to ,"':.6. to ;;:';e i..?te peJ:son end officer ,,,,'hose 􀁲􀁾􀁥􀀺􀁭􀁥􀀠is 􀁳􀁵􀁢􀁓􀁃􀀺􀀺􀀺􀀭􀁪􀁾􀀬􀀻􀁩􀁓􀁣􀀠to t:-."? 􀁾􀀭􀀺􀀻􀀧􀀺􀀺􀀧􀀺􀀺􀀢􀀮􀁩􀁣􀀮􀁩􀀮􀀺 􀀺􀀧􀀱􀀠􀀺􀀺􀀺􀁾􀀵􀁴􀀺􀀺􀀢􀁬􀁾􀀺􀀺􀀭􀀮􀀧􀀺􀀡􀁮􀁴􀀠":':1c. ac:'::"'!o·.􀀮􀀮􀀻􀀱􀀨􀁾􀀶􀁧􀀮􀁅􀀡􀁤􀀠t:J .,,:",;::; c::?:': the SaIT.s. 􀁾􀁾􀂷􀁡􀁳􀀠t:-.e act 0:: 't.:-,e sai.d 􀀮􀁺􀀮􀀮􀀡􀀩􀁵􀁉􀁓􀁏􀀺􀁾􀀠Al .:z?O RT I 􀁲􀀺􀁾􀁣􀀮􀀠r a cor:::ora:.io:1, ':';-lO t::et ]-,9 e;,:ecuted 􀁴􀁾􀁥􀀠s;:;;;':",e 􀁾􀁳􀀠the act of s'Jch 􀁣􀁯􀁲􀀿􀁯􀁲􀁡􀁴􀁩􀁯􀁾􀀠:v= 􀁴􀁾􀁥􀀠􀀿􀁾􀁾􀁰􀁯􀁳􀁥􀁳􀀠􀁡􀁾􀁤􀀠􀁣􀁯􀁮􀁳􀁾􀁣􀁾􀁲􀁡􀁴 􀁩􀁯􀁮􀀠􀀧􀀺􀀺􀀧􀁾􀁲􀁥􀁩􀁾􀀠􀁾􀁸􀀿􀁣􀁥􀁳􀁳􀁥􀁾􀀬􀀠and in t.he c.::.;acity 􀁴􀁾􂂬􀀺􀁲􀁥􀁩􀁮􀀠stated. GI""EN iJNDBR 􀁾􀀱􀁙􀀠H_T1_lXD p....'lD SEAL OF OFFICE I this the "'30 "TL. da,Y, ,of Decern::,erI 1976 􀁾􀀠, :." ;. 􀁾􀀠...... '-9J;t􀁾􀁲􀁟􀁬_____' Notary 􀁐􀁕􀁄􀀱􀁾􀁣􀀠In and Lor I\;':' i)a 11 as County, ';'exas r 1,J"1t 􀁳􀁾􀁕􀁩􀀮􀀺􀁙􀀮􀀠􀁋􀁾􀁾􀁕􀁬􀀠􀁲􀁾􀁢􀁜􀁩􀁴􀀭􀀻􀀢􀀧􀁾􀁾􀀺􀁾 􀀺􀁉􀁩􀀺􀀧􀀠, ,,,:.'" 􀀬􀁾􀀠􀁴􀁾􀀱􀀠􀀡􀁾􀁦􀀠U·,u eo-;r;:'. 􀁩􀁾􀀧􀁾􀁾􀀠'17 EXH!t3rr B to Assiz;nmunt of Lct:.scs from Addison Airp'',)rt. Inc. to City of 􀁁􀁤􀁤􀁩􀀵􀁾􀁅􀀡􀁬􀁟􀀡􀀮􀁾􀁟􀁾􀀠Lessor Lessee Date of Tennination 􀀭􀂷􀁾􀀭􀀭􀁪􀀩􀁡􀁬􀁥􀁊􀀻􀁥􀁾􀁴􀁳􀁥1. Addison Airpt:)rt. Inc. Associated Air Center, Inc. 4-8-57 7-14 ·82 2. Addison Airport, Inc. Ht!mble on &: Refining Co. 5-13-59 5-15··84 (with 10··yoar renewal option) 3. Addlson Airport, Inc. W. R. Grace &: Co. 12-27-74 6-1-85 4. Addison Airport) Inc. Rite',.\,ay Airmotive. Inc. 12-12-57 12-31-77 5. Addison Airport, Inc. Beech 􀁈􀁯􀁬􀁤􀁩􀀡􀁬􀁧􀁳􀁾􀀠Inc. S-IS-G4 5-14-39 6. Addison Airport) Inc. Cooper Aircraft 􀁉􀁮􀁳􀁵􀁲􀁾􀁲􀀮􀁣􀁥􀀠6-1-76 6-1-77 7. Addison Airport, Inc. Collins Radio Company 4-1-57 10-IS-81 8. Addison Airport. Inc. Aiq}ort flying School, 􀁲􀁲􀀮􀁣􀁾􀀠10-12-67 12-31-82 9. Addison 􀁁􀁪􀁲􀁰􀁯􀁲􀁴􀁾􀀠Inc. Wirt Davis, II 5-18-60 7-31-77 10. Addison Airport, Inc. United Slates of America 7-1-56 7-1-77 11. Addison 'Airport, Inc. United States of America 2-12-60 6:30-77 12. Addison Airport, Inc. c.-lurchison Brothers 6-1-1-56 5-31-11 {Subleesed to L. R. P!edgt::t 6: Conald Wayne Cox by LeaSe Agmt. aatlZd 5·-4-72} 6-1-64 7-1-77 'S:'!--';':X 􀀮􀁾􀂷􀀬􀀻􀁌􀀺􀀺􀁴􀁪􀁯􀁮􀀬􀀠irlc. f;-31-'i7 ; ::i: d , '::':;;S_. i"c. :':'y 􀁓􀁾􀀬􀀺􀀺􀀺􀁤􀀮􀁓􀀧􀀺􀀻􀀠"7"1-39 􀁅􀀭􀁾􀁾􀀺􀀺􀀻􀂷􀀠79 16. Addison ;.lrp,:. ..t, bc. T':Xc$ Eenk &. 􀁔􀁴􀁴􀁾􀂣􀁴􀀠Co. ,)[ D?!JBS. Ti':Jstee 􀁓􀀭􀁬􀀭􀁾2 1-31-87 G.?(..;,)'e. Bornsi' ai!d H. E. Robbins 􀀧􀀻􀀾􀁬􀁏􀁾􀀳􀀸􀀠􀁓􀀭􀁬􀁃􀂷􀁾􀀸􀀳􀀠18. Addison Ajrport. Inc, A. J. Airoldi end L J. BHtrand 9-1-68 9-1-19 19. Addison Airport, Inc. Hc.ngt:r Six. Inc. 1-1-69 6-30-79 􀁒􀁴􀀺􀀺􀁬􀁾􀁾􀁇􀀠a tract of Innd OUt of the 1::. Cool SI,l',:ey. A'!-,str.;.lct 3£6, the ;""i1liAl'1 :'''':WJ:){· Sun'ilY) AiJstract 􀀷􀀹􀀲􀁾􀀠the 􀁾􀁯􀁲􀁳􀁥􀀠S:r"I,s SUfV.?y, Abstxitct 13114, tilt.: Willittm I':c-Ne .' Survey. Abstract 12S7, 8nd paxt of tot 1,. and Lot 2' of "31Qck flAil of C.'ll..')-oll. . Estates Addition, DJl11as CountYl' TC')o.as. ;;:d b •.ling 􀁰􀁯􀁴􀀢􀁾􀀠?lllly d/;5C:Ci.;'r:d ;$ 􀁲􀁯􀁬􀁬􀁾􀂷􀀬􀀬􀀻􀁳􀀺􀀮􀀠 nECIh1HNG at .a fr;;oce post found for 􀁴􀁨􀀬􀁾􀀠nppzr,;:nt 􀀡􀀺􀀧􀁬􀀮􀁴􀀦􀀧􀁾􀂷􀀡􀀱􀀮􀀺􀂷􀁉􀀺􀁴􀀺􀁑􀀭􀁮􀀠of the 􀀺􀁾􀁯􀁲􀁴􀁨􀀠􀁾􀀧􀁩􀁥 􀁨􀀡􀀻􀂭o1:-;..;""y line of 􀀻􀁾􀁡􀁬􀁬􀁦􀀺􀁲􀀠Springs Road, a 50' foot 'sen::<,:;::, ella 􀁴􀁾􀁥􀀠􀁥􀀼􀁬􀁾􀁃􀀠l:ine 􀁯􀁻􀀮􀁮􀁯􀁯􀁬􀀻􀁾􀁩􀀠􀁒􀁯􀁡􀁤􀁾􀀠a 60 (ooe' str<;:a,c. silid b.;g1.rming point 􀁢􀀼􀀲􀀺􀁩􀁬􀁾􀁧􀀠S t.5t<> 􀁾􀁦􀀮􀀱􀀠5... " l! :)0.00 􀀡􀀬􀁾􀁥􀁴􀀣􀀠t.:r:encl'.! NO'" OS! SOn g 􀀲􀀵􀁾􀁏􀁏􀀠feet from the apP-$.o:'ent 􀁾􀁬􀁯􀁴􀀧􀀡􀀻􀁨􀀢􀀢􀀧􀀮􀀺􀀺􀀺􀁳􀁴􀀠\'O'(':",.:i:1" of thl3 IL Ceook Sut-vey. ;..h:ltt'act .326; 􀁔􀁉􀁩􀁥􀁾􀁩􀁃􀀮􀁥􀀠N. S9° ,58 1 54" 􀁷􀀭􀁾􀀠.It diSTnnct! of 105,,7'2 f"!e.t ....ith t.Lo! :-;l,)rth line: of seid Keller Springs 􀀧􀁒􀁾􀁥􀁤􀀠to an angle point in the 􀀺􀁤􀀸􀁨􀁴􀀭􀁯􀁦􀁾􀀢􀀢􀁡􀁹􀀻􀀠 ..' 0311TI-tENCE N.. 56-1.9 f. W. a distance of. 􀀹􀀰􀁾􀀲􀀰􀀠feet with said 􀁯􀀱􀁮􀁾􀁬􀁡􀀠in the ):ight-of"""GY: to a 􀁰􀁯􀁩􀁮􀁾􀀠􀁩􀁾􀀺􀀠-chI! EI'!..'.'.It right-of-vav line of 􀁮􀁏􀁩􀀻􀁬􀁬􀁾􀁹􀀠RO:: or Nu.... llooley POl'ld. a luo 􀁲􀁴􀀧􀁾􀀧􀀻􀀡􀀺􀀠􀁳􀁾􀀠􀁾􀀢􀁈􀀠􀁾􀀠 'l'H;':Kce N. 0" 091 1C" E"o e "::5(:,,·<:<.: of ',..: t ,_., U(.lCl1tty 􀁐􀀮􀁾􀀠.. J; j'):E:- A;1 􀁩􀁾􀀧􀁬􀀡􀁨􀀠;,,?'JI; r;·H:NCF.: S-. 20" 46' 10" 􀁾􀁾􀀠a dh·, ... !,(:,'; 0: 􀀻􀀺􀀾􀀹􀁾􀀧􀀺􀀺􀀧􀀧􀀧􀀺􀀧􀀧􀀠:'!ut 􀀢􀀢􀁩􀁬􀁾􀀧􀀠:,,:,.::, :':--:::::.i: 1,;.•; 0: I;> .... jd Dooley Road to all Iron pl'l ';:'Ir 􀁉􀁉􀀧􀁾􀀠􀁢􀁾􀁳􀁩􀁬􀀱􀁲􀀢􀀱􀀱􀀧􀁢􀀠poit'l (>1 '" 􀁃􀀢􀀮􀁤􀀮􀀢􀁾􀀠to t>0>1 E: • .1 rl!.:H.:tnCt! 0" )(;7.4" ','<:t ·...::c,. "'C l:Ine of AJdison 􀀻􀁾􀁏􀁦􀁊􀀮􀁤􀁬􀀠b6V1.: -:g a central 2.,t ..... ith 5 .. 1.<1 !'s' 25" ... a 􀁴􀀺􀁩􀀮􀀼􀀾􀁴􀁾􀁮􀀻􀀺􀀮􀀬􀀻􀀠􀁯􀁾􀀠:'Ce.3u f .. .:!t to an i!"'>1 ;dn 􀁾􀁮􀀠the east...:rly l:l':: of said Addis.:,.;", ,:'!;';,or: ::·":..s .. r;Jl 􀁄􀁩􀁾􀀺􀀮􀁴􀁲􀁩􀁣􀁴􀀻􀀠-2 ."..􀀬􀀬􀀭􀁾􀀠:".••. -.... 􀀭􀀬􀀬􀀺􀁾􀂷􀀮􀀧􀀺􀀺􀁾􀂷􀂷􀂷􀀱􀀺􀀧􀂷􀂷􀂷􀀭􀀭􀂷􀀿􀀧􀀢􀀩􀀮􀀬􀀠􀁾􀀭􀀬􀀺􀀬􀀺􀀢􀀢􀀧􀀮􀀺􀀧􀀠.... -,:-:.':'" 􀀬􀀬􀂷􀀻􀀭􀀬􀀮􀀬􀁣􀁾􀀠􀁾• .:.0.. jq J), 1,1. a 􀁾􀁴􀁡􀁳􀁴􀀧􀀻􀀻􀁩􀁬􀁃� �􀀱􀀮􀀠􀀮􀀻􀀺􀀺􀁾􀁡􀀶􀁾􀁟􀀰􀀠l.c.:;t :'.Jah t",:: 􀁦􀀡􀁾􀀮􀀬􀁴􀁬􀀢􀁾􀁲􀁬􀁹􀀠li:<;.,;.oE ;Aid Addison.AirpoJr!:. Industrial District:to an iron pin for the nOI,:th ..􀁾􀀬􀀮􀁳􀁴􀀮􀀠􀀺􀀮􀀺􀁾..􀀺􀀮􀀻􀁾􀀠 '.','.. :ot"cet of.'.-.!;ddison Airport-1ndus'trial I Dist'ric.t;'· 􀁾􀀮􀀢􀀮􀁜􀀬􀀮􀀠"'. ',-'-''''.'' .''. . ... '<" '. : 􀁾􀁈􀁧􀁲􀀺􀁃􀁅􀀠N. . 20° 43' 53" 1-1. a disc.ence of 320.72 feiJ:t to an iron pin; :liENCE N. 89' 49' 30" E. n 􀁤􀁩􀁳􀁴􀀮􀁡􀁮􀀮􀀺􀀺􀁾􀀠of 9.98 feet to .':!n·iron pin; 􀁾􀁮􀁅􀁾􀁃􀁅􀀺􀀠N. 20' t7' 10" ,.". " distance' ." 339.50 􀁦􀀼􀀡􀁾􀁴􀀠t" an iron pin; 'SENCE !<. BY' 􀁓􀁾􀁦􀀠10'" a dist;lnce of 117.08 f,J<:it t" nn iron pin in til..; ::q:tp::.r<:nt :.2st rigi:t-of-t..·."ly lihe '" of s.:tiJ 􀁾􀀬􀁜􀁑􀁯􀁬􀁥􀁹􀀠Road; , . 􀁾􀁓􀀺􀀢􀀺􀀢􀀺􀀭􀀮􀁾􀀺􀁈􀁊􀀺􀀺 􀁾􀁃􀁅􀀠N. -0". 05 1 50" 􀂣􀁾􀀠a 􀁤􀁩􀁳􀁣􀀻􀀩􀀨􀁜􀁣􀁾􀀠of 502.30 !;i;!:.;.>t '-'ith cne 􀀺􀁬􀀿􀁰􀀼􀁊􀀨􀁾􀁲􀁩􀁴􀀧􀀠East line -;:".:..:;..-:".-Ii said Doole)' RO;ld co the place of bt!ginning .:.nd containing 305.348 .Jccas of .:tnd i Gore or. ll!ss. 'HE ABOVE H(;;ES A.t..lf) S:Ol'NDS 􀁄􀁅􀁓􀁃􀁒􀁾􀁐􀀱􀀱􀀰􀁎􀀧􀀠􀁃􀁏􀁎􀁔􀀻􀀮􀀬􀁴􀁾􀁓􀀠A TRAcr or 1.0 ACRES THAT IS TO IE 􀁅􀁘􀁃􀁌􀁾􀀮􀁰􀁾􀁟􀀮􀁒 􀁾􀀬􀁓􀀱􀀮􀁴􀀱􀀺􀁾􀁉􀀮􀁎􀀧􀁇􀀬􀀠􀁾􀁾􀁾􀀬􀁁􀀠􀁾􀁅􀁔􀀠OF 36t..348 ACRES OF 􀁌􀁾􀁾􀁾􀁄􀀬􀀠1·IORE OR l.ESS. 􀂷􀂷􀀬􀁾􀀺􀀺􀀺􀁾􀁦􀀡􀁾􀁾􀁾􀁾..;: .. ,: 􀂷􀂷􀂷􀁾􀀺􀀺􀀬􀀭􀁩􀁾􀁾􀀺􀁾􀁜􀀱􀁾􀂷􀀺􀁾􀁾􀀺􀀮􀁾􀀧􀂷􀂷􀀺􀂷 􀀧􀀠.;"."-' 􀀢􀁾􀁾􀁾􀀭􀀧􀀮􀀠.. 􀀺􀀭􀀢􀀺􀁾􀀬􀁾􀀠:. =....':'> , : .􀁾􀀠􀁾􀀢􀀠.....";:-.'....:.-.,-:"';:;-"'.::' 􀀭􀁾􀀧􀀮􀀠., 􀀮􀀬􀀧􀀮􀀺􀀮􀀢􀁾􀀠.' . '. ... /7-!1'b TilE STA'rE OF 'rEXAS § § ASSIGNl'IENT OF LP.NDLORD' S INTEREs'r COUNTY OF DALLAS § IN LEASE AGREE!1ENTS WIT N E SSE T H . WHEREAS, 'rhe City of Addison, Texas, hereinafter called "Assignee", has by warranty deed of even date herewith acquiied the real property described in Exhibit A attached hereto and incorporated herein by reference for all purposes, hereinafter called the ,"Property", from Addison Airport, Inc., hereinafter called "Assignor"r and WHEREAS, the Property is subject to certain lease agreements, being more particularly described in Exhibit B attached hereto and incorporated herein, said lease agreements hereinafter collectively called "the Leases"; and HHEREAS, Assignee has requested that Ass ignor' s interest as Landlord under the Leases be assigned to Assignee: NON, T}1EREFORE, 􀁋􀀢􀁩􀁏􀀻􀁾􀀠ALL gBN BY THESE PRESENT'S: 􀁾􀁊􀁈􀁁􀁔􀀠D-si-nor 􀁾􀁯􀁲􀀠-nd i 􀁣􀀢􀁳􀁩􀁾􀀭􀁔􀁡􀁨􀁬􀁯􀁮􀀠􀁯􀁾􀀠􀁾􀁾􀁮􀀠 (8 1 0 􀁾􀀭􀁜􀀮􀀬􀁾􀀠,_'-:;: I..!... Ci. .I. l1 _! ,_: 􀁾􀀺􀀢􀀧􀀧􀀺􀀺􀀺􀀺􀁟􀁟􀀠1__ ).. ).. ,i.e 􀀮􀁾􀀮􀀬􀀠\. 􀀧􀁾􀀯􀀠Dollars, paid in hand by Assignee, the receipt and sufficiency of \,;-hich is hereby admo\vledged and confessed, and other good and valuable consideration has Assigned, Transferred and Conveyed, and does by these presents hssign. Transfer and Convey unto Assignee the Landlord's interest under the Leases, together with all rental and other sums due or to become due thereunder. In connection "viith this p.ssign;c:ent, Ass ignor ",arrants: (a) That Assignor is the owner of the Leasesl • (b) That e6ch of the LeaS2S is S8TIuinc, valid and enforceable in accordance ",ith its teu:;s; (c) That Assignor has the right to 􀁛􀀻􀁾􀁡􀁫􀁥􀀠thi.s Assignment; ---􀀧􀀭􀁾􀀠" (d) That Assignor has no knowledge of any outstanding event of default under the Leases either by Landlord or the respective Tenant thereunder; and Ie} That the Leases set forth on Exhibit B are all of the leases affecting the Property except for certain leases for a period of less t-han one year for the storage and tie-em"n of aircraft. Pursuant to Operating Agreement to be enterep into this day by Assignor and Assignee, the Leases shall be re-assigned by Assignee to Assignor and Assignor shall operate and manage the Property for and on behalf of Assignee. For this reason, all security deposits and prepaid rentals, if any, previously paid by the respective tenants to Assignor shall be retained by Assignor for the benefit of ll"ssignee and Assignor shall keep and perform all of the duties and obligations of the Landlord with respect to such security deposits and prepaid rentals, if any, and shall hold Assignee safe and harmless from its failure to do so. 􀁅􀁘􀁅􀁃􀁕􀀧􀁾􀀧􀀺􀀢􀀻􀁄􀀠thi s day of 􀁄􀁄􀁥􀁣􀁥􀁲􀁲􀁾􀁥􀁲􀀬􀀠1976. ASSIG?WR:, 􀀻􀁾􀀿􀁉􀁓􀁏􀀢􀀧􀀺􀀻􀀺􀁾􀀿􀀺􀁏􀁒􀁉􀀢􀀠iNC. 􀁂􀁹􀀺􀀺􀁌􀂣􀀯􀀯􀀭􀀭􀁾 􀀠􀀭􀁾􀀩􀀿􀁾􀀭--------/------------------Its: PPLSID:::i\S/;::;-,e 􀁵􀀮􀀺􀀭􀁾􀁣􀁥􀁲􀁳􀁩􀁧􀀺􀀧􀀱􀁥􀁤􀀬􀀠􀁡􀁾􀁎􀁯􀁴􀁡􀁲􀁹􀀠 Public in and for said Coun 􀀿􀁾􀁴􀀠S 􀁾􀀢􀁾􀁊􀀠􀁾􀁾􀀠􀁴􀁾􀁩􀁳􀀠eay 􀁾􀁥􀁲􀁳􀁣􀁾􀁡􀁬􀁬􀁹􀀠􀁡􀁰􀁰􀀳􀁾􀁲􀁾􀁤􀀠􀁅􀀳􀁾􀁒􀁙􀀠s'rUART J k:1o\..􀁾􀁮􀀠t.o .::-;e to be the person end officer '.vhose name is subscrisea to t:-.e _S"":"'· 􀁾􀁧􀀠􀀺􀀧􀀺􀀧􀁬􀁳􀁴􀁲􀀧􀁾􀀺􀀭􀀻􀀻􀀧􀁾􀁮􀁴􀀠2.!1C 􀁡􀁣􀁾􀁾􀁯􀂷􀀬􀀮􀀬􀁲􀁬􀁥􀁑􀁧􀁥􀁤􀀠to ::'\'= tl"';,::::' the same \.;as tr-.e 2Ct 0 t.:--le said 􀁁􀁄􀁄􀁉􀁓􀁏􀁾􀁾􀀠AI ?-PORT I 􀁉􀀺􀁾􀁃􀀮􀀠I a cor,!?orction, 2:.:-::c 􀁴􀀻􀀺􀀭􀁾􀁡􀁴􀀠he sxecuted t!"ie sar;-.e as t!ie act of such cor?ora on 􀁾􀁯􀀽􀀠􀁴􀁾􀁥􀀠􀀿􀁕􀁾􀀿􀁃􀁓􀀲􀁓􀀠􀁡􀁾􀁤􀀠􀁣􀁯􀁮􀁳� �􀁣􀁣􀁲􀁡􀁴􀁩􀁯􀁾􀀠􀁾􀁾􀁥􀁲􀁥􀁩􀁾􀀠2X?TeSsed, and in the ca?acity therein stated. GIVJ::N LiNDER MY 􀁈􀁁􀀮􀀮􀁾􀁄􀀠;A..NO SEAL OF OFFICE, this th'e "30 --r"l da,Y of December, 1976. . :. ..-'" .,,:;' 􀀢􀁾􀁾􀀠.--..􀁾􀀺􀀮... 􀀭􀁾􀀮􀀠􀁾􀀧....􀁾􀀠-.. --__􀁁􀀲􀁴􀁌􀁾􀀹􀀭􀀭􀀭􀀭----;...: '; , ,J, i Notary Public 􀁾􀁮􀀠and for I 􀁾􀀠".' .:"!. I ' Dallas County, Texas .... . " . r.!"_nt 􀁓􀁾􀂣􀁬􀀲􀁦􀀮􀀠􀁴􀀧􀁾􀁾􀁬􀁉􀁲􀁴􀀠p.:hllct _ .....􀀬􀀮􀁾􀀬􀀮􀀠;II, J;' •􀁾􀀧􀀩􀀠',1/, 1r1 1::l1 􀁦􀀺􀀾􀁾􀀠􀁦􀀩􀁾􀁾􀀶􀁾􀀬􀀠􀁃􀁯􀀡􀁊􀁾􀁾􀁉􀀬􀀠􀁾􀁴􀁘􀁾􀀺􀀠? 7"n1f"'" ---"---' EXHIBIT B to Assignment of Leases from Addison Airport, Inc. to City of 􀁁􀁤􀁤􀁩􀁳􀁯􀁾􀀮􀀮􀀧􀀮􀀺􀁆􀀮􀀬􀀺􀀡􀁟􀁡􀁳􀀠 Lessor Lessee Date of Tel'mination----'Tea'se---"j)iit'e--'1. Addison Airport, Inc. Associated Air Center, Inc. 4-8-57 7-14'82 2. Addison Airport, Inc. Humble Oil &. Refining Co, 5-13-69 5-15--84 (with lO--year renewal option) 3. Addison Airport, Inc. W. R, Grace &. Co. 12-27-74 6-1-85 4. Addison Airport, Inc. Riteway Airmotive, Inc. 12-12-57 12-31-77 5. Addison Airport, Inc. Beech Holdings, Inc. 5-15-64 5-14-89 6. Addison Airport, Inc. Cooper Aircraft Insur2nce 6-1-76 6-1-77 7. Addison Airport, Inc. Collins Radio Company 4-1-57 10-15,81 8. Addison Airport, Inc. Airport Flying School, Inc. 10-12-67 12-31-82 9. Addison Airport, Inc. Wirt Davis, II 5-18-60 7-31-77 10. Addison Airport, Inc. United States of America 7-1-66 7-1-77 11. Addison Airport, Inc. United States of America 2-12-60 6-30-77 12. Addison Airport, Inc. 􀁾􀀱􀁵􀁲􀁣􀁨􀁩􀁳􀁯􀁮􀀠Brothers 6-1-56 5-31-77 (Subleased to L. R. Pledger iY: Conald Wayne Cox by Lease Agmt. dated 5-4-72) 13. Addison 􀁁􀁩􀁩􀀧􀁾􀁯􀁲􀁴􀀬􀀠􀁬􀁮􀁾􀀮􀀠Ted Cooper &: Assoc., Inc. 6-1-64 7--1-77 14.. Addison 􀀺􀁜􀁪􀀻􀀭􀂷􀁾􀀼􀀩􀀮􀀬􀁴􀁊􀀠􀁲􀁾􀁬􀀧􀀺􀀧􀁾􀀠􀁾􀀺􀀺􀀢􀀺􀀺􀀺􀀠􀀭􀀺􀀬􀁾􀁸􀀠A Uon,lnc_ 6.-1-57 S-31-'77 "r' ,., 􀁾􀀠􀂷􀁾􀀠.. c rile 11· 􀁾􀀱􀀢􀀭􀀬􀁾􀀭􀀢􀀬􀀬􀁾􀀺􀀿􀀠... ..:;:·:"'t 􀀬􀁾􀀠.. 􀁾􀀠',"; 􀁾􀀠';'1 ",,):)(Sucll€:::s.z:d 􀁾􀁯􀀠􀀧􀁾􀀧􀀢􀀺􀀭􀁤􀀠!:,' ;:;.....:. u.. .", .:::.-,..1(;-" u .• uy .... cJ ....'JO':Co_O':;; • ',,;:l..tt.l '..1-.;;.􀁟􀀢􀀧􀀱􀁾􀀻􀀮􀀢􀀠.... ··0 .. 15. Addison Ai.po,t, Inc. . ·\E:I'otex, Ltd. 7-1-09 􀀶􀀼􀁾􀁃􀀧􀀭􀀧􀁾􀀹􀀠16. Addison Airpo,t, I;;c. '['"XES Eank &. Trust Co. of D::-Jlzs) Trustee 8-H2 7-31-87 17.."ddison Air';Jort, Inc. G20:':;\! Bom er <::nd H. E. Robbins 􀁾􀀮􀁷􀁬􀁏􀂷􀀭􀁓􀀸􀀠5-10-83 18. Addison Airport, Inc. A..J. Ail'olai and I. J. Bertrand 9-1-68 9-1-79 19. Addison Airport, Inc. Hanger Six, L'Ie. 7-1-69 6-30-79 .,,' FIelD NOT&S l BEI!'lG a tract o( land out of the E. Cool.. S,nevev, Ah$tract 326, .he Wi lliAm LornaJC, Survey, Abstract 792, the George SY;,ls Surv..::-, Abstract 1344, thE! Willi;", Rc-we " Survey, Abstract 1257, and part of Lot 1" and Lot :2 of Block "A" of 􀁃􀁡􀁲􀀺􀁲􀁯􀁬􀁾􀀠:' " Estates Addition, Dallas County; Te,as, il"d being "ore fully d"scrtbcd as fol1o''';s:' ..... ilt;GIl>'NING at a fence post found for the. apparent int.;rs.£I:t;pn of the. 􀁾􀁯􀁲􀁴􀁨􀀠rightof-way line of Keller Springs Road, a 50' foot 'str",,:, '.nd 􀁴􀁾􀁥􀀮􀀠East line o<',DooleY' Road, a 60 foot· street, said b"ginniog point being S <$9· 􀁾􀁰􀀮􀀧􀀠51," J<; 30.00 feet, thenc," N O· OS' 50" g 25.00 'feet from the appeI:'ent nort':",est cor""'r of the fl. Cook Survey, Ahstract· 􀀳􀁾􀀶􀀻􀀠.-,' .-.. THENCE N. 89"',58' 54". W-. a distance of 105,72 feet \.'ith t.l.e North line of said Keller Springs 'Road to an engle point in tIle right-oi-way; ThENCE N. 56' 1,9" 03" W. a distance of, 90.20 feet with said an;;le in the right-of'of'·,.,ay: to a pointi'" the Eaat right-of-wav lioe of Doo1.y Road;.. ' 􀀧􀁲􀁈􀁾􀁃􀁅􀀠N·; 0'· 􀀰􀀳􀁾􀀠47" W. a distance 0: 14'57.70 f"i'1; tHENCE. s. 20° 46' 10n f!. a dist..aIH:e: ..,: 539 .. 4L. feet: ...-i:.:h 􀁴􀀺􀀧􀁾􀀬􀀺􀀺􀀺􀀠'.';-:'$t 11::1': of shid Dooley Road to au iron pI" !":)r 􀁉􀁉􀀧􀁾􀀠he.glJlf.illg point o) n 􀁃􀀱􀁊􀁲􀁶􀁾􀀠to 􀁲􀁾􀀧􀁡􀀠1el:t; THENCE in a southeesc",,:cly dir...:ccion \"riLJ'l tll,J ('Hn'\,.,J 􀁨􀁬􀁾􀁣􀀬􀁲􀀠line of said Dooley Ro<:!d having a 􀁾􀁥􀁮􀂷􀁴􀁲􀁡􀁬􀀠angle of 􀁮􀁙􀀢􀁾􀀠1\.l1 04H) 􀁾􀁡􀀠radius ot: 􀀺􀀳􀀳􀀷􀀮􀀱􀁾􀀠f .....d.) a 􀁲􀁬􀁾􀁥􀁴􀀺􀁁􀁮􀁾􀁯􀀮􀀠of 􀀴􀀰􀀷􀀮􀀹􀀳􀂷􀁦􀁣􀀮􀁾􀁴􀀭􀀭􀁴􀁯􀀠a pOilil Jr. th? SOllth 􀁲􀁩􀀮􀁾􀁨􀁴􀀮􀀭􀁯􀁦􀀭....;d.y li.:-:c o-or: ; l::llo:lr Springs Read;' S9 ClTHE.Nt:E N. )4*,4,0" g .. a disf:2!Dce of 2L.L':' .. rJl ;:-\-....!': 􀁜􀀮􀁊􀁩􀁬􀁾􀀠ti,c::. $OJ;tll li:"1..: of :said _::.e:ller 􀁓􀁾􀀬􀁜􀀱􀁩􀁮􀁧􀁂􀀠)\obd to IS point in tha ....􀁾􀁣􀀡􀀧􀀻􀁲􀀮􀀠􀁲􀀱􀁾􀁩􀁉􀀼􀀻 􀀭􀀭􀀮􀀭􀁽􀁦􀁾􀂷􀀧􀁩􀁡􀁹􀀠li,.i'1e of 􀁁􀁾􀁤􀁩􀀵􀀰􀁮􀀠􀁮􀁯􀁾􀁤􀀻􀀠􀀭􀀺􀀻􀀭􀁩􀀮􀁩􀀺􀁾􀀻􀀨􀀻􀂣􀀠S .. 0° 14' 20" E. a dist.2.ncc 0' 􀀧􀀳􀁇􀀷􀀪􀀡􀁾􀁾􀀮􀀠-: of 210.72 re02t to a ?cdnt; 'i:r£.:-iCE S. 43-16' W.. a distance of lS'4S.29 feet to an iron pin; ','SENCE S. [,.6" 44' E. a distance of 202,51 feet to a poi::1t; 􀀱􀀺􀀺􀀧􀁾􀁾􀁃􀁅􀀠s. 20° 43' lL a distance of 35U .. d5 :ct.::( to i'\ point:; -l'HENCI::: N. 69° 17* E.. a distam;e of 30*00 􀁦􀀨􀀺􀀮􀁣􀀺􀁾􀀠to a peine; J'H;::'Cl:: N. 71· 12' 51" E. a di"anc" of of 185,72 􀁾􀀢􀀢􀁴􀀠to a point; .. 􀀺􀁾􀀺􀁩", -1 ., ...... :" .􀁾􀀭􀀬􀀮􀀠, 􀀧􀂷􀀧􀀡􀀮􀂷􀀲􀀺􀀺􀁾􀁃􀁅􀀺􀀠N. 44'" 44' C811, E. a 􀁤􀁩􀁳􀁴􀁡􀁮􀁣􀁾􀀠􀀧􀁪􀁾􀀠7,C5 f..:o.et to sn iz.::n pin f.:,:,\.!;;d; f(,'1.1" the South-"';'f;St 􀁣􀁯􀁴􀁾􀁮􀁥􀀧􀁲􀀠of a trp.ct o£ la:1d €:cn.....·e.yed to 0.1, BrolJ,;ht.::n r::"id 􀁾􀀮􀁅􀀮􀀠S:riC:5c.n by 􀁃􀀻􀁨􀀳􀀺􀀺􀁾􀁤􀀮􀀠􀁲􀁾􀁣􀁯􀁲􀁤􀁣􀁤􀀠in Volume 4350 l PRg,e 491, D.::ed Records of 􀀡􀁽􀁾􀀱􀀱􀀺􀁜􀀮􀀹􀀠􀁃􀁃􀀧􀀺 􀁬􀀺􀀭􀁾􀁴􀁹􀀻􀀧􀀠 IHE,.'iCE N. 89° ,54' 40" E. a d!st2nce o( 819.46 feet "'ith the South lina of 􀁴􀁾􀁥􀀠 Broughton tr"ct to an iron pin in the \Jest line of said Addison Road; ,',', ..􀀢􀀮􀁾.. 􀀧􀀢􀀾􀁟􀁾􀁟􀀢􀀢􀀬􀁾􀁟􀀬􀀬􀀬􀀠􀀮􀁾􀀼􀁴􀀺􀁩􀀻􀁾􀁦􀀼􀁦􀁩􀁾􀁊􀁩􀁾􀂷􀁾􀀺􀀺􀀻􀁳􀂷􀁦􀀡􀀮􀀺􀀺􀀧􀀢􀁲􀀮􀀠".. 􀀺􀁾􀀮􀀺􀁪􀀮􀀮􀁉􀀠"--_h' 􀁾􀀢􀀧􀁽􀀻􀀻􀀢􀀻􀀬􀀠􀀺􀀺􀀭􀁓􀀱􀁾􀀩􀀮􀁾􀂷􀀺􀁾􀀺􀀾􀀺􀀻􀀢􀀬􀀠􀀮􀀬� �􀀬􀁟􀀮􀁟􀀢􀀻􀀬􀁾􀀧• 􀀺􀀢􀀺􀀧􀁾􀀧􀁮􀁬􀀬􀀺􀀺􀀬􀀧􀁻􀁬􀁅􀀬􀀠S. 􀁏􀁾􀀧􀀭􀁊􀀮􀀴􀀮􀀧􀀧􀀺􀀺􀀲􀀰􀀧􀀧􀀠E. a distance of 490.82 fe.et '\olith the \ ;::O-:.st .... ;,..·0·nt....'i... • .J,.J ............ ,.; ....... "'<;;. \,; __ '.. It..:t.: .... '. 􀀡􀀬􀁉􀁶􀁾􀀠•. _. ,,<:;0........ "'-,5> .... of-way line of Dooley 􀁾􀁯􀁾􀁲􀁬􀀻􀀠Tilll\CE N. 0° 0° 03" 2Sl! E.. 􀁾􀀱􀀠Cist.3:1cU of j O. 00 ;2<.:t 􀁾􀀺􀁩􀀠th 􀁴􀁬􀁬􀁾􀀠£'::St line of Uooley 􀁾􀁯􀁡􀁤􀀠to n point; Ti:t::NCr: S. 89"' 56' 35" E. a 􀁊􀁻􀁳􀁴􀀳􀁮􀁣􀁾􀀠of 797.!..-6 feet to .:t point; HE!\,C£ N. 75t.> 􀁾􀀸􀁦􀀠25" E.. ,:J 􀁣􀁩􀁾􀁴􀀮􀀺􀀺􀁮􀁣􀀠of ':'OB.3b fcl2t to en irt.,n pin in the e2sterly 11!"!:l: 0r said Addison ;',:r?ort 􀁾􀁲􀀬􀀢􀀺􀂷.. 􀁳􀁾􀁲􀁪􀀮􀀺􀀳􀀮􀁽􀀠District; -2!';:t 1 V r J!. J' I " . ..' I' f\I H 1) I i-0\ ..\ . 􀁾􀀠"," .: 􀁾􀀠.;,.. 􀁾􀀠􀂷􀀺􀀺􀀮􀁷􀀮􀀢􀁾􀀢􀁾􀁾􀀼.. ' ',..;:.,,# 􀀭􀁾􀀠:-: 􀀺􀁾􀀮􀀧􀀮􀀧􀀠􀁾􀀢􀀬􀀬􀀢􀀺.. ,.:::.;.-••. : .. -. 􀁾􀀧􀀮􀁟􀀠.::. ., .." r:n:::;CE }(. 􀀲􀀰􀁾􀀠39' 35" W. a distClnc". of..;?386.20 feet ;.>ith th" easteely U,., L..jol..l ;S:rs;0 \\..L. ,as \;C\ "'-\ >:> R • of the Town of Addison, Te3Cas • SUBSCRIBED AND SWORN TO BEFORE ME on this day of 􀁏􀁣􀀭􀁊􀁄􀁾􀁤􀀠, 1.990. 􀁎􀁯􀁴􀁾􀁾􀁵􀁢􀁬􀁾􀁣􀀠􀁾􀁮􀀠and for Said county and State Typed" Printed Name My Commission Expires: I.e -14-9.':;).... STATE OF TEXAS § § COUNTY OF DALLAS § . . 1/'/',{􀁾􀁴􀁲􀁵􀁲􀁮􀁥􀁮􀁴􀀠was acknowledged before me ';In the I, -.day of 􀁾􀀠I 1.990, by Sam Stuart, 􀁐􀁲􀁥􀁳􀁾􀁤􀁥􀁮􀁴􀀠of 􀁁􀁤􀁤􀁾􀁳􀁯􀁮􀀠Airport of Texas, Inc., a Texas corporation, on ber.alf of said corporation. AL 􀀺􀁾􀁾􀁾􀁾􀁒􀁉􀁂􀁅􀁄􀀠AND SWORN TO BEFORE ME on this IIi:! day of 􀁾􀁾􀁾􀁾􀁾􀁾􀁾􀁾_______, 1.990. Notary Public in and for Said County and StateDEBRA MCCLEIJOOII NOTARY PUBLIC State of Texas Comm. Exp. 09-30-92 Typed or Printed Name My Commission Expires: 􀀹􀁢􀀢􀁬􀁲􀁾􀀠77296/D AGREEMENT OF SPECIFICATION AND AMENDMENT TO THE "AGREEMENT FOR OPERATION OF THE ADDISON AIRPORT BETWEEN THE CITY OF ADDISON, TEXAS, AND ADDISON AIRPORT, INC." THIS AGREEMENT (hereinafter the "1990 Agreement") is by and between the TOWN OF ADDISON, TEXAS, a municipal corporation acting by and through its city Council (hereinafter the "ToWn") and ADDISON AIRPORT OF TEXAS, INC., a Texas corporation (hereinafter the "Company"). WITNESSETH: WHEREAS, the Town and Addison Airport, Inc., entered into an agreement entitled "Agreement for Operation of the Addison Airport between the city of Addison, Texas, and Addison Airport, Inc.," dated December 30, 1976, and which has been amended thereafter (said Agreement for Operation, as amended by agreements dated August 8, 1978, May 24, 1979, January 13, 1981 and April 6, 1985, but not including the 1990 Agreement, is hereafter referred to as the "Operating Agreement"); and WHEREAS, Addison Airport, Inc., with the consent and approval of the Town, has assigned to the Company its rights, privileges, interests and obligations in the Operating Agreement, and the Town recognizes the Company as the operator of the Airport, subject to all the terms and provisions of the Operating Agreement and this 1990 Agreement; and WHEREAS, the Town and the company desire to specify certain terms herein for the purpose of further implementing the rights, -1 duties, and obligations set forth in the Operating Agreement; and WHEREAS, the Company affirms that in operating the Airport, the Company shall maintain a high degree of service consciousness and shall operate the Airport in a manner that will enhance the Airport's image in the eyes of the Airport users and will be harmonious with the standards of the Addison community. The Company reaffirms to the Town that the Airport shall be operated for the use and benefit of the public and in a manner as would be accomplished by a reasonably prudent airport operator and in accordance with sound business practices; and WHEREAS, the Mayor of the Town of Addison has been duly authorized and empowered to sign this 1990 Agreement on behalf of the Town; NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and the mutual covenants, conditions and agreements set forth herein, the Town and the Company agree as follows: section 1 -Condition Precedent. Condition Subsequent. and Term (al This 1990 Agreement shall become effective only in the event that on or before October 1, 1990: (l) the Federal Aviation Administration ("FAA") offers and the Town accepts grant monies for the benefit of the Airport at least in the amount of $300,000, (2) the FAA gives its written "non-object" to this 1990 Agreement, and (3) the Town and the Company agree to the contents of the plans, programs and reports listed in section 7. If this 1990 Agreement does not become effective, neither party hereto will have any -2 liability to the other under this 1990 Agreement; the operating Agreement, however, shall remain in full force and effect and nothing in the 1990 Agreement shall alter or affect the rights of either party under the Operating Agreement. (b) Provided the condition precedent of section 1 (a) has occurred, this 1990 Agreement shall become effective on October 1, 1990. Notwithstanding any provision herein, section 11(d) shall be effective immediately, and shall survive any termination or voiding of the 1990 Agreement. (c) In the event that on or before June 30, 1991, the FAA does not offer and, and in its sale discretion, the Town does not accept grant monies for the benefit of the Airport at least in the amount of $2,000,000, the Town, at its option, shall have the right, but only until October 1, 1991, to declare void or terminate this 1990 Agreement; the Operating Agreement, however, shall remain in full force and effect and nothing in the 1990 Agreement shall alter or affect the rights of either party under the Operating Agreement. (d) If this 1990 Agreement is still in effect on October 2, 1991, the Town agrees that the expiration date of the Operating Agreement is December 31, 2000. section 2 -FAA Funds (a) Section 23 of the Operating Agreement states that the Town has the right to apply for federal grant funds through the FAA. The Company reaffirms that it shall use its best efforts to -3 assist the Town in obtaining such funds, and shall do nothing to interfere with the Town's obtaining such FAA grant funds. Should a representative of the FAA state in writing that the Town's eligibility to receive grant funds for the Airport is limited or prevented because of any factors wholly or partially within the company's control, the company shall immediately take any reasonable action (other than the action of agreeing to a change in the Operating Agreement, including this 1990 Agreement) that is within its control, to eliminate the factors that limited or prevented the Town's eligibility to receive grant funds for the Airport. (b) All funds granted to the Town by the FAA shall come directly to the Town for the Town's use at the Airport, and shall be under the control of the Town. Sec.tion 3 -Airport Upkeep Plan and Budget (a) "Airport" as used herein is the real property described in Exhibit"1" to the Operating Agreement and includes the two parcels of real property referred to in the Town's Pre-Application to the FAA dated April 20, 1990 and the real property described in the Judgment signed May 9, 1980 in a suit styled The City of Addison v. W. H. Laffity, in Cause No. 80-1894-d, in the county Court at Law No. 4 of Dallas county, Texas, and the real property described in the Judgment signed October 22, 1980, in a suit styled The City of Addison. Texas v. Johnnie MarshaJI, Morris Hayter and Georgina F. Hayter, in Cause No. 78-9944-d, in the County Court at -4 Law No.4 of Dallas County, Texas. eb) "Airport Property" is all of the real property of the Airport (including, without limitation, all improvements, appurtenances, buildings, facilities and fixtures), but excluding real property that is subleased to third parties, except for properties under lease which impose on the company an obligation to repair or maintain. Airport Property shall include, without limitation, all runways, ramps, taxiways, .lights, markings, stripings, fences, boundaries, gates, hangars, landscaping, roadways, drainage systems, and grounds. ec) "Upkeep" means: i. keeping and preserving the Airport Property on the Airport in existence at any given time in sound, safe, serviceable and good condition; ii. restoring, replacing or adding to Airport property on the Airport in existence at any given time so that any relevant portion of the Airport is brought to and remains in sound, safe, serviceable and good condition. If any item of Upkeep included in section 3(C) (ii) is eligible for FAA grant funds, then it shall not be included in the Airport Upkeep Plan and Budget, unless the parties agree otherwise in writing. If the Company reasonably believes that any item of Upkeep in Section 3(c) (ii) included by the Town in the Airport Upkeep Plan and Budget in any fiscal year is eligible to be funded by the FAA, -5 the Company shall so state to the Town, whereupon the Town and the Company shall submit this budget item whether by pre-application or otherwise, to the FAA in order to determine the eligibility of such item for FAA funding. If the FAA does not state in writing within ninety (90) days after such sUbmission that the item is eligible for FAA funding, the Town may include such item in the Airport Upkeep Plan and Budget. If the Company does not invoke its right to submit the question of eligibility to the FAA within one hundred eighty (180) days after the budget item is included in the Airport Upkeep Plan and Budget, the Company shall waive any right to question whether that budget item is eligible for FAA funding. (d) "Upkeep Funds" shall be those monies that the Airport Upkeep Plan and Budget states shall be used for upkeep. (e) Each year, on or before October 1, the Town will approve an "Airport Upkeep Plan and Budget" for the upcoming fiscal year. The Airport Upkeep Plan and Budget shall deal only with upkeep of the Airport Property. It shall not include items of Upkeep that are the obligations of a tenant under a lease, during the effective term of the lease. Except as provided in section 3(0), the Town has the sole discretion to decide what the Airport Upkeep Plan and Budget will contain, what portion of upkeep will be included or not included in the Airport Upkeep Plan and Budget and shall have no liability to the Company for any decisions it makes as to the Airport Upkeep Plan and Budget. (f) To assist and advise the Town, on or before ninety (90) :',, ' -6 cJ the end of the Town's fiscal year, the Company will􀁾􀁾􀁾􀁡􀁹􀁳􀀠before submit in writing for the Town's consideration the company's reasonably prudent: (1) assessment and analysis of the upkeep reasonably needed at the Airport for the following fiscal year, and (2) proposed Airport Upkeep Plan and Budget for the following fiscal year. Attached hereto as Exhibit "A" is a suitable form for the proposed Airport Upkeep Plan and Budget. The Company understands the Town will be relying on the Company's assessment, analysis, and proposed Plan and Budget. (g) The Town may include in the Airport Upkeep Plan and Budget to whatever reasonable degree of detail is deemed advisable by the Town, (1) what upkeep is to be accomplished; (2) the timing of such; and (3) the amounts of monies to be spent for the upkeep listed. The expenditures may, in addition to the costs, fees, and expenses for upkeep of the Airport Property, include costs, fees, and expenses for equipment necessary for upkeep; salaries, wages, employee benefits and fees of employees or independent contractors hired to do upkeep (but only that portion directly attributable to upkeep); taxes, materials, supplies and insurance directly attributable to or 􀁾􀁯􀁲􀀠upkeep; and a reserve 􀁾􀁯􀁲􀀠equipment, facilities and buildings used for upkeep_ (h) The Upkeep Plan and Budget may be amended by the Town at any time during each fiscal year, with whatever additions, deletions, substitutions, or refinements are deemed desirable by the Town, including, without limitation, deletions of items for which -7 adoption of the Airport Upkeep Plan and Budget. The Company may propose changes or refinements to the Airport Upkeep Plan and Budget. The Town may, in its discretion, decide to adopt any or all of such proposed changes or refinements. (i) The Company shall, upon reasonable request by the Town, consult with the Town regarding upkeep at the Airport, but in no event shall the Company or Town be required to incur any out-ofpocket costs. (j) The Town shall provide to the company on the first day of each month one-twelfth (1/12) of, the Upkeep Funds the Town is required to fund for the Upkeep Plan and Budget. In the event two-thirds of one monthly Fuel Flowage Fee receipts, plus $6,250.00 (collectively referred to as "Receipts") is insufficient to fund 1/12 of the Town's portion of the Airport Upkeep Plan and Budget, the Town shall pay to Company the Receipts. Town shall pay to the Company the deficit for any month as soon as Receipts permit; provided, however, that the Town shall first pay the current month's 1/12 portion before having to pay any deficit. Any Upkeep Funds above $500,000 which are to be expended under the Airport Upkeep Plan and Budget shall be paid by Town to Company in twelve equal monthly installments, notwithstanding this provision with respect to inadequate Receipts. In no event shall this section 3(j) reduce the Town's obligation to pay in full within the fiscal year, all of Town's portion of the Airport Plan and Upkeep Budget. (k) In any given fiscal year, the Upkeep Funds shall be -8 provided as follows: (1) The Town shall provide the first $100,000 of the Upkeep Funds; (2) The Town shall provide two-thirds and the company shall provide one-third of each dollar over and above the first $100,000 of Upkeep Funds of the next $300,000 of Upkeep Funds up to a total of $400,000; (3) The Town shall provide one-half and the Company shall provide one-half of each dollar over and above the first $400,000 up to a total of $500,000 of Upkeep Funds; (4) The Town shall provide all Upkeep Funds over $500,000. Commencing on October 1, 1992 and on every two-year anniversary thereafter (hereinafter the "Adjustment Date"), the amounts set forth above in the section 3(k) shall be adjusted as follows: (1) A comparison shall be made between the Consumer Price Index All Items for the Dallas, Texas Metropolitan area (hereinafter the "Price Index") as it existed on October 1, 1990 and as it exists on the first day of the calendar month preceding the then applicable Adjustment Date. (2) The amounts set forth above in section 3(k) shall be either increased or decreased, as the case may be, by the percentage of increase or decrease in the Price Index between the October 1, 1990 and the then applicable Adjustment Date, but in no event shall such amounts ever be decreased below the amounts set forth above in section 3 (k) • (3) In the event that the Price Index is unavailable for whatever reason for the computations set forth hereinabove, another index approximating the Price Index as closely as feasible shall be -9 substituted therefor. (1) In providing its portion of the Upkeep Funds, the Town may use any federal grant funds that may be used for upkeep, as herein defined, any fuel flowage fee monies, the Town's percentage of gross receipts received from the Airport, or any other monies the Town deems appropriate. (m) The Company agrees to implement the Airport Upkeep Plan and Budget and to expend the Upkeep Funds designated therein in accordance with the provisions thereof. The Company shall only be required to spend on upkeep the amounts set forth in the Airport Upkeep Plan and Budget. The Company agrees to implement the provisions of the Airport Upkeep Plan and Budget as would a reasonably prudent airport operator. The Company shall quarterly, i.e., January 15, April 15, July 15, and October 15, provide the Town with whatever proof the Town reasonably deems necessary to determine that the Company ,is complying with the provisions of the Airport Upkeep Plan and Budget, and is expending upkeep funds in accordance with the Airport Upkeep Plan and Budget. In the event that the Company fails to comply with any provisions of this sections 3(k) or 3(m), the Town will have the following remedies, in addition to any other remedy it may have: (1) If at any time the Company fails to provide its portion of the funds required under Section 3 (k) of this 1990 Agreement, the Town may withhold from the Town I s portion of the Upkeep Funds an amount equal to the funds not so provided by the -10 company until the Company corrects the deficiency. (2) If at the end of any fiscal year the company has not spent all of the Upkeep Funds budgeted to be spent that year, the Town may withhold from its portion of the Upkeep Funds for the next fiscal year an amount equal to the Town's portion of budgeted Upkeep Fe js not spent during the previous years. (3) If the company does not perform any portion of the Airport Upkeep Plan and Budget in the manner of a reasonably prudent airport operator, the Company shall correct any such problem at its sole expense. (4) If the company expends Upkeep Funds in a manner not in accordance with the Airport Upkeep Plan and Budget, the Company, at its sole expense, shall reimburse the Town in an amount equal to the amount of unauthorized expenditures. If the Town fails to provide to the company the funds the Town is required to fund under section 3(k) above, the company may, in addition to any other remedies it may have, withhold from the Company's portion of the Upkeep Funds an amount equal to the funds not so provided by the Town until the Town corrects the deficiency. (n) If the Town decides that the Airport Upkeep Plan and Budget should be lower than $200,000 in any given fiscal year, and agreement cannot be reached with the company regarding same, the Town and the Company shall have the right to have such disagreement decided by an expert, such expert to be mutually agreed upon by the Town and the Company.-The expert shall determine if it is -11 reasonable to have the Airport Upkeep Plan and Budget be lower than $200,000 in light of the Upkeep needs of the Airport in which event , the Town may lower the Airport Upkeep Plan and Budget below $200,000, in accordance with the expert I s determination. The decision of the expert shall be binding on the Town and the Company. The costs of such expert shall be borne by the losing party. This minimum amount of $200,000 shall be adjusted for price changes in accordance with the price index procedures set forth in section (k) above. (0) Notwithstanding the provisions of section 3(e), the Company, as part of its proposed Airport Upkeep Plan and Budget, shall submit those items of upkeep that it considers to be fundamental, not to exceed $200,000 in upkeep funds (hereafter "fundamental upkeep"). This $200,000 shall be adjusted for price changes in accordance with the price index procedures set forth in section (k) above. The Town agrees to incorporate such fundamental upkeep into its Airport Upkeep Plan and Budget. If the Town does not agree that any or all of the proposed fundamental upkeep should be included in the Airport Upkeep Plan and Budget, then the Town may submit the decision to the expert, such expert to be mutually agreed upon by the Town and the company. The expert shall determine if the fundamental upkeep proposed by the company is reasonably necessary. To the extent the expert determines the fundamental upkeep is not reasonably necessary, such fundamental upkeep may be excluded from the Airport Upkeep Plan and Budget by the Town. The decision of the -12 expert shall be binding on the Town and the Company. The costs of such expert shall be borne by the losing party. (p) section 14 and the first sentence of section 15 of the Operating Agreement are deleted and compliance with this 1990 Agreement with respect to Upkeep shall satisfy the obligation the Company would have had to repair and maintain the Airport. (q) The Town and Company agree that the FUel Flowage Fees shall be used exclusively for the Airport, including (1) the Town's local matching funds required for any federal, state or governmental grants to Airport; (2) Airport improvements; (3) additional upkeep funds at the Airport (whether or not eligible for FAA grant funds); (4) studies and technical reports necessary for improvements of the Airport; (5) retirement of the Town's debt relating to Airport; or (6) legal fees and costs incurred by the Town in connection with collection of Fuel Flowage Fees. (r) The Company reaffirms that the Town has the right to spend such of the Town's monies on the Airport in furtherance of Airport purposes, as the Town may desire. Section 4 -Upkeep of Third Party Areas and Jetport (a) The Company shall be responsible for: (il determining that the portion of the Airport that is under the control of third parties is maintained by such third parties in accordance with the terms and provisions of the respective third party leases, and (ii) enforcing violations of any third party leases. (b) If the Town determines that a third party is not adhering -13i·· to the terms and provisions of the lease regarding maintenance or condition of the leased premises, then the Town may give written notice of same to the Company. The company shall have forty-five (45) days after receipt of notice in which to make demand upon the third party to remedy such deficiency or to begin enforcement of the terms and provisions of the third party lease. (c) If the Company fails to make demand upon the third party after notice from Town or enforce the terms and provisions of the third party leases, then the Company at its expense shall correct the deficiency. (d) If Company makes demand on the third party to remedy the third party's deficiencies identified in the Town's written notice to the Company, and if the third party fails to correct such deficiencies and Company enforces the terms and provisions of the leases, then Company shall have no liability with respect to the third party's failure to adhere to the terms and provisions of the leases with regard to maintenance or condition of the third party's leased premises. (e) The Town may include in the Airport Upkeep Plan and Budget up to $25,000 per year on Upkeep of the Jetport. Unless approved by the Town, the Company shall have responsibility for all Upkeep, if any, required over .and above $25,000 per year. Nothing herein shall modify the terms and provisions of the Lease between the Town and the Company on the Jetport Property. Section 5 -Fuel Flowage Fees -14 The Town shall have the sole power to set the rate for the Fuel Flowage Fee for all sellers of fuel at the Airport. The Town shall collect, solely for the benefit of the Town, the fuel flowage fees for all fuel sold on or after October 1, 1990. Upon collection of such fees by the Town, the Town shall immediately deposit the fees into a segregated account designated and controlled by the Town. section 6 -Financial Reporting On or before 90 days before the end of the Town's Fiscal year, the company shall have prepared and make available upon written request, for on-site review by the Town and the FAA, audited annual statements of revenues and expenses, sources and uses of cash, profit and loss, balance sheet, and such other financial information as required by the FAA. All such financial reporting shall be in accordance with generally accepted accounting principles. section 7 -Plans, Programs, & Reports The Town and the Company will develop the following listed Plans, Programs, and Reports: (a) Access and Security Plan. Plan will include limiting access to the Aircraft Operations Area (AOA), apprehension of trespassers, coordination with air traffic control. Duties and responsibilities of Airport security Personnel regarding vehicular and pedestrian access to the AOA will be defined. (b) Activity Report. Report shall include all current operational data on Airport based on: aircraft count, hangar count, tower count, large aircraft (100,000 Ibs. and over) use of Airport, -15 and commercial aviation inquiries. (c) Minimum standards. Minimum Commercial Aeronautical Standards will be established for the operation of flight schools, aircraft maintenance and repair facilities, charter operations, fueling and other aviation specialty commercial uses. (d) Emergency Plan. Plan will update and expand existing plans and agreements with the Town's Police and Fire Departments for all on and off-airport emergencies. (e) Signage Plan. Plan will discuss locations and describe the type of signage as well as directional and informational signage. (f) Operations Plan. Plan will describe the function of the Airport's Operations Department. Such functions shall be performed by the Company's Operations Personnel including Airport Security as Operations Coordinators. This department shall coordinate activities with FAA Air Traffic Control, Flight Standards, Airway Facilities, and Flight Service. It shall monitor tenant compliance of safe operational practices and lease conformance, coordinate with Fire Marshal to assist in the reporting of fuel handling practices and ensure overall safety of Airport operating conditions. The operations staff shall perform regular inspections of Airport facilities to coordinate maintenance activities. (g) Maintenance Plan. Plan will describe a maintenance program for third party areas to establish reasonable standards to ensure the manner in which third party premises are to be maintained -16 in accordance with the terms and provisions of the ground leases. Plan will detail commonly associated pavement maintenance functions (i.e. crack sealing, hole patching, seal coating) in its scope and will establish annual review provisions to determine whether third parties are meeting their ground lease obligations. (h) Airport Development Plan. The Company will assist the Town in devising the Town's short and long term development goals for the Airport, consistent with the Airport Master Plan approved by the Town. The Company shall maintain the plan on the Town's behalf. section 8 -Inspections The company will report to the Town the results of the findings and action, if any, taken by the company in response to all FAA Compliance and Texas Department of Aviation inspections within thirty (30) days of any such inspection. section 9 -Notice Any notice required by the Operating Agreement, as amended, may be personally delivered or sent by certified mail, return receipt requested, postage prepaid, addressed if to the Town to: The Town of Addison P.O. Box 144 Addison, Texas 75001 Attention: Town Manager or to such other address and person it may direct in writing; and if to the Company, to: -17 Addison Airport of Texas, Inc. 4505 Claire Chennault Dallas, Texas 75248 Attention: President or to such other address and person as the Company may direct in writing. Notice shall be deemed completed when mailed by certified mail or upon personal delivery unless otherwise herein required. Section 10 -Relationship of Parties The parties agree that the Town has retained the Company as an independent contractor. Neither a partnership, nor joint venture, nor an employer/employee relationship has been created either by this 1990 Agreement or the Operating Agreement. section 11 -other Considerations (a) By seeking to enter into or by signing this 1990 Agreement, the Town and the Company do not waive any right, if any, they may respectively have pursuant to the operating Agreement or at law or in equity, and the Town, specifically, does not waive any right, if any, it may have to enforce the matters referenced in the Town's February 15, 1990 and March 14, 1990 letters to the Company (hereinafter "The Letters"). On october 2, 1991, however, if the 1990 Agreement has become effective, and has not been terminated or voided in accordance with section l(c}, the Town agrees to release the Company from any and all liability the Company may have to the Town for alleged noncompliance with the operating Agreement arising from the Company's operation of the Airport up to the date the 1990 agreement is signed by both parties, and the company agrees to release the -18 Town of any and all liability the Town may have, if any, to the company for alleged noncompliance with the operating Agreement up to the date the 1990 Agreement is signed by both parties. If the 1990 Agreement does not become effective or has been terminated or voided in accordance with section l(C), then if the Town desires to assert any right it may have arising from the matters mentioned in the letters, the Town shall give written notice to the Company of such fact, and Company shall have thirty (30) days written notice to cure or remedy in accordance with the terms and provisions of the Operating Agreement. Nothing in this section 11(a) shall be deemed an admission of fault by either the Company or the Town. (b) The Town and Company agree that the funds required by paragraph "3" of the "Agreement" made and entered into on April 6, 1985 between the Town and Company, shall remain at $300,000 through October 1, 1991, and that if this 1990 Agreement is still in effect on October 2, 1991, then paragraph "3" of the "Agreement" shall be and is hereby terminated, effective October 2, 1991. In such event, the Company shall be entitled to the immediate return of any funds, if any, including any interest that has accrued, if any, cancellation of any Letters of Credit and the company shall have no further obligations pursuant to paragraph "3" of said "Agreement." (c) Except to the extent modified by this 1990 Agreement, the Operating Agreement shall remain in full force and effect. (d) If this Agreement is declared void or terminated or does -19 not become effective, then neither party may use this 1990 Agreement or any draft as an admission against the other party or in construing or interpreting the operating Agreement. No draft of this 1990 Agreement will be used to construe or interpret this 1990 Agreement. (e) In the event the 1990 Agreement is terminated, voided or does not become effective, the Operating Agreement shall nevertheless remain in full force and effect, and nothing in this 1990· Agreement shall alter or affect the rights of either party under the Operating Agreement. (f) The Company reaffirms its intention to comply with sections 7(a), 7(b), 7(d)(i), 7(d) (iv), 21 and 23 of the Operating Agreement. (g) Nothing in this 1990 Agreement modifies paragraphs 22, 29 and 30 of the Operating Agreement. (h) If through actions of third parties (or circumstances beyond its control) the Town must reduce the Fuel Flowage Fees, and, as a result, the Town cannot fund its portion of the first $500,000 of the Airport Upkeep Plan and Budget from two-thirds of the Fuel Flowage Fees, then the Town may, at its option, terminate this 1990 Agreementj the Operating Agreement, however, shall remain in full force and effect and nothing in the 1990 Agreement shall alter or affect the rights of either party under the Operating Agreement. EXECUTED this .t./day of --:;m-"--!:....:.-<1e:...y'--____, 1990 . -20 ADDISON AIRPORT OF TEXAS, INC. STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the L\..TlI-day of 1\1 􀀢􀀧􀁾􀀠, 1990, by \). L'I N"; ,S?'KI.),I , ,as 􀁲􀀨􀁜􀀨􀀢􀁾􀁄􀀱􀀿of the own of Addison, Texas:. SUBSCRIBED AND SWORN TO BEFORE ME on this M-rn-day of l\) 􀁰􀀬􀁾􀀠, 1990. ;:;:;---.-_h;...J.",'􀁾... 􀀮􀀮􀀮􀀮􀀮􀀬􀁢􀁊􀀧􀀢􀀧􀁜􀀷􀀮􀀧􀁌􀀻􀀽􀀬􀁌􀀮􀀮� �􀀢􀀽􀀢􀀢􀀭􀀻􀀬􀀮􀀻􀁋􀀮􀀺􀀮􀀭􀁟􀁾____Typed or Printed Name My Commission Expires: 1..0 -\\.J".-C\.::L -21 STATE OF TEXAS § § COUNTY' OF"DALLAS § 􀁾􀁨􀁩􀁓􀀠instrument was acknowledged before me on ;/.,.J,the l' -day of P-IJU/... , 1990, by Sam stuart, President of Addison Airporti of Texas, Inc., a Texas corporation, on behalf of said corporation. "?'. SUBSCRIBED AND SWORN TO BEFORE ME on this day of 􀀭􀀭􀁌􀁌􀁦􀁬􀁾􀁾􀁾􀁪􀁦􀀹􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀧􀀠1990. Notary Public in and for Said County and StateDlIII 1lCCL£IOOIi NOTARY PUBLIC State of Texas Comm. Exp. 0IJ.30-92 Typed or Printed Name My commission Expires: 􀀹􀁍􀁾􀁨􀁾􀀠53155/D -22 BUDGET FORM Ji'.ersonal Services Salaries overtime Retirement Benefits Group Hospital & Life Insurance Payroll Taxes Worker's Compensation Training/seminars/Education Contract Labor Supplies Office Supplies/Printing Publications Wearing Apparel Fuel & Lubricants Small Tools & Equipment structures. Facilities & Grounds Buildings Runways & Taxiways Lights and Markings Other Pavements Hangars Grounds Maintenance Insurance other/Miscellaneous EXHfBlT A Equipment Maintenance 􀁍􀁡􀁾􀁥􀁲􀁩􀁡􀁬􀁳􀀠Major Tools & Equipment Motor Vehicles & Heavy Equipment Communications Insurance Reserve for equipment, facilities and buildings used for upkeep Other/Miscellaneous contractual Services Rentals & Leases Special Services (HVAC, Plumbing, Electrical, etc.) utilities -Electricity utilities -Water, sewer, Gas Engineering & other Professional Services AGREEMENT THIS AGREEMENT made and entered into this the 6th day of April, 1995, by and between ADDISON AIRPORT OF TEXAS, INC. (referred to as "AATI'I) and TOWN OF ADDISON (referred to as "Addison") . NOW, THEREFORE, in consideration of Ten and nO/lOO Dollars ($10.00) and other good and valuable consideration and the respective undertakings of the parties hereinafter set forthI the receipt and sufficiency of which consideration are hereby acknowledged, it is agreed as follows: 1. AATI shall cause to be prepared an annual audit of its financial statements to be performed by independent certified public accountants acceptable to Addison. The financial statements shall include a statement of source and use of cash and will be maintained on AATI's premises for review and use on such premises by the City Councilor their agents only upon reasonable notice to AATI. The information shall be kept confidential until disclosure is required by law. The accounting firm of Bright and Bright is acceptable to Addison at this time. 􀀲􀁾􀀠Annually, AATI shall deliver to Addison# within ninety (90) days from the close of each of its fiscal year, a certification of the certified public accountant firm performing the aforementioned audit that AATI is compliance with all of the financial aspects of the operating agreement. 3. AATI for each of its fiscal years ending January 31 t 1986, and January 31, 1987, will expend at least One Hundred Twenty Five Thousand and no/100 Dollars ($125,000.00) per year On capital improvements and will furnish to Addison such financial information as necessary to verify such expenditures. However, if for anyone (I) year AATI does not expend the aforesaid amount and to the extent that such funds were not expended, AATI will deposit the unspent portion in a restricted account which requires the joint signature of Addison and AATI. Beginning on AGREEMENT -PAGE 1 AATI's fiscal year ending January 31, 1988, AATI will deposit in ., the aforementioned restricted account the sum of One Hundred Thousand and no/100 Dollars ($lOO,OOO.OO) per year until the maximum of Five Hundred Thousand and no/IOO Dollars 􀀨􀀤􀀵􀀰􀀰􀀬􀁏􀁏􀁏􀁾􀁏􀁏􀀩􀀠is deposited in such account. Interest earned on the restricted account shall be for the benefit of AATI. Upon termination of the Operating Agreement and provided that AATI is not in default thereunder, the funds on deposit in the restricted account shall be returned to AATI. If AATI shall be in default upon termination of the Operating Agreement, Addison may use the funds on deposit in the restricted account to recover any damage, injury, expense or liability caused to Addison by such default, and the remaining funds, if any, shall be returned to 􀁁􀁁􀁔􀁉􀁾􀀠The parties agree that upon the establishment of the restricted account, they will enter into an agreement to provide for the exact terms and conditions concerning the creation of the account, and restriction of withdrawal of such funds which will be limited to capital improvements and emergency repairs. AATI shall have the right to substitute surety bonds or other securities acceptable to Addison for the annual increments required. Addison will review the capital requirments provided for above if AATI can demonstrate that a reduction would be reasonable. The reserve accounts will be subject to the approval by FAA. 􀀴􀁾􀀠The Operating Agreement will be amended in such a way to prohibit all scheduled commercial air carriers from using the airport, if legal. 5. The City Attorney will be furnished complete information concerning the Aviall transaction in order to determine if Addison is entitled to receive any of the proceeds therefrom. The City Attorney will review documents relating to the transaction and inform the Council as to whether Addison has received its three percent (3%) share of the proceeds. 6. Addison's agreement to the settlement does not preclude the City's responsibilities and rights to enforce the Operating 􀁁􀁇􀁒􀁅􀁅􀁍􀁅􀁾􀁔􀀠-PAGE 2 Agreement. "", Dated as of the day and year first above written. INC. TOWN OF ADDISON AGREEt4ENT -PAGE 3 EXTENSION OF TERM OF AGREEMENT OF AMENDMENT TO THE AGREEME...'lT FOR THE OPERATION OF ADDISCN AIRPORT BETWEEN THE CITY OF ADDISON, TEXAS, AND ADDISON AIRPORT, INC. THIS AGREEMENT made and entered into this jIM-J'''j ,1981 by and between the CITY OF ADDISON, THXAS, 􀁾􀀠muni ipal corporation acting by and through its City Counsel (hereinafter the "City") and ADDISON AIRPORT OF TEXAS, INC., a Texas Corporation (hereinafter the "Company"), with an address at P. O. Box 34067, Dallas, Texas, 75234. WHEREAS, the City has acquired the principal portions of an existing airport known as Addison Airport pursuant to a Contract of Sale betweenl\,the City and Addison Airport, Inc. j and t'lHEREAS, the City and Addison Airport.. Inc. entered into an Agreement for Operation of Addison Airport dated December 30 1 1976 (the IIOperating Agreementll); and WHEREAS, Addison Airport, Inc., with the consent and approval of the City, has assigned to the Company its interests in the Operating Agreement and the City recognizes the Company as the present operator of Addison Airport, subject to all the terms and provisions of the Operating Agreement; and WHEREAS, the Operating Agreement provides in Section 4 thereof that the term of the Operating Agreement will be one commencing on the closing of the purchase contemplated by the Contract of Sale and ending twenty years thereafter: and WHEREAS, the closing of the purchase contemplated by the Contract of Sale occurred on December 30, 1976 , so that the present expiration date of the Operating Agreement is December 30, 1996; and WHEREAS, in order to assure the City of the availability of an 􀁥􀁸􀁰􀁥􀁾􀂱􀁥􀁮􀁣􀁥􀁤􀀠operator, the City and the company Iw entered into an agreement..dated May 24, 197'(, captioned Agreement of Amendment to the Agreement for the Operation of Addison Airport between the City of Addison, Texas and Addison Airport, Inc. (the IIAqreement of Amendmenttl ); WHEREAS, the City and the Company desire to amend the Agreement of Amendment to extend the term of said agreement from two (2) years to four (4) years; NOW, THEREFORE, for and in consideration of the mutual covenants t conditions and agreements herein set forth, the City and the Company have agreed, and by these presents do hereby agree, as follows: 1. Paragraph 1) Extension Period is hereby amended to read as follows: If In the event that the Operating Agreement remains in full force and effect at the expiration date provided in Section 4 thereof and has not been terminated pursuant to the provisions of Section 30 or Section 33 thereof, or otherwise, then at such expiration date the Operating Agreement shall be automatically renewed and extended for a period of an additional four (4) years commencing with the expiration date. Such four year period is hereinafter referred to as the I Extension 􀁐􀁥􀁲􀁩􀁯􀁤􀁾􀀧􀀠II 2. All other terms, conditions and covenants of the Agreement of Amendment shall remain the same and in'full force and effect. IN WITNESS 􀁉􀁾􀁈􀁅􀁒􀁅􀁏􀁆􀀠each of the parties hereto has caused this agreement to be signed and sealed on its behalf as of the date and year first above written. CITY OF ADDISON, TEXAS By: 􀁾􀀠MAYOR -2 BEFORE ME, the undersigned authority, on this day personally appeared JUR? 􀁥􀁴􀁤􀀬􀀺􀀮􀁾"if ' known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the 􀁾day of 􀁾􀀱􀀹􀁂􀁬􀀮􀀠􀁎􀁯􀁴􀁡􀁾􀁰􀁵􀁢􀁬􀁩􀁣 􀀠in and for Dallas County, Texas ADDISON AIRPORT OF TEXAS, INC. By: BEFORE ME, the undersigned authority, on this day 1personally appeared I/ra £/1 Sla!l.r...r known to me to be the person whose name is subscribed to the foregoing instrumentI and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the ,1, 7 day of O!l. "''''<'-4217"' ' 1981. //,F Notary Public in and for Dallas county, Texas ." AGREEMENT OF AMENDMENT TO THE AGREEMENT FOR THE OPERATION OF ADDISON AIRPORT BETlillEN THE CITY OF ADDISON, TEXAS, AND ADDISON AIRPORT, INC. TllIS AGREEMENT made and entl,red into this tfli!..Lday of __Ll.""'''*-;-___' 1979 by and bet"een the CITY OF ADDISON, TEXAS, corporation acting by and through its City Coun.el (hereinafter the "City") and ADDISON AIRPORT OF TEXAS, INC., a Texas Corporation (hereinafter the "Company"), "ith an address at P.O. Box 34067, Dallas, Texas 75234 . • I T N E SSE T H: WHEREAS, the City has acquired the principal portions of·an existing airport kno\1n as Addison Airport pursuant to a Contract of Sale between the City and Addison Airport, Inc.; and WHEREAS, the City and Addison Airport, Inc., entered into an Agreement for Operation of Addison Airport dated December 30, 1976 (the "Operating Agreement"); and WHEREAS, Addison Airport, Inc., 1