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HFLP-CS110118 CITY OF COPPELL, TEXAS RPI# /0333 REQUEST FOR PUBLIC INFORMATION DATE OF REQUEST: 01 //e/// TELEPHONE: NAME: Please circle one (W9, Mrs., Ms.) t I Min ` 4 SCP t ADDRESS: CITY: State: ZIP: PRINT E -MAIL ADDRESS: PLEASE LIST ALL DOCUMENTS THAT YOU ARE REQUESTING ]Be specific regarding dates, time period, and name(s)] (Be sure to request documents; NOT ask questions) JAN 1 8 2011 CHECK ONE: ,' � (a) I request paper copies (b) I request Electronic copies on diskette/ o '�h (Yir)s available) (c) I request only to view at City Hall (d) Other (please explain in detail) Signature This• shall serve to notify the general public that this office will receive and comply with its statutory obligations under the Texas Public Information Act, Section 552.001 et seq. Texas Government Code. Under the expressed provisions of the Public Information Act, records of judiciary (municipal court) are not included in a request for public information. Sections 552.003 and 552.0035, Texas Government Code. All request for information or documents(s) concerning the judicial records and/or court proceedings are governed by Supreme Court Administrative Rule 12 and Article I, Section 13 Texas Constitution. All requests for such records should be specifically made to the Presiding Judge, Coppell Municipal Court, 130 Town Center Boulevard, Coppell, Texas Monday- Friday, 8:00 o'clock a.m. through 4:30 o'clock p.m. DO NOT WRITE BELOW THIS LINE- FOR CITY USE TO: i • • ec , .i K. r ' F�t �i • 'Gi Transmittal Date 0/ // f /i Due Date to City Sec. o // Z7 - // Disposition: (a) Documents Attached. (b) No Documents Exist (c) Need clarification of Item # (d) Provided attached information for viewing. (e) Item # too broad in nature (t) Sent to City Attorney on (date) requesting Attorney General Ruling. (g) Response consists of over fifty pages /or is in off -site storage: estimated number of copies included in response estimated hours spent to locate and copy documents (h) Number of copies made for redacting purposes. (i) Other: (j) Comments: Name of Employee Staff Hours To // be completed by City Secretary Department Number of copies: 1,04 Stp.P,-t- Receipt No.: 0ci Sy A I_.: , • Date Picked Up: © z /oz /i/ ( \e 1, s ate Mailed/E -ma ► otification Letter: © 2/7D2((/ U \A AMBERT\My Documents\RPI fornMew request form doe T H E C I T Y • O F COFFELL er February 2, 2011 Jimmy Cassels 117 E. Lufkin Ave. Lufkin, TX 75902 RE: RPI # 10333 Dear Mr. Cassels: In response to the above noted request for Public Information: The City has concluded its search for any documents to fill your request. Your request consists of over 50 pages or is located in an off -site location. A cost sheet is attached showing the approximate charges for processing your request. If you wish for the City to proceed with processing this request, please call the City Secretary Department. No further work will be done on this request until you have advised the City that you accept these charges. Please Note: The referenced Request for Public Information will be held open by the City for twelve (12) business days. For further assistance, please contact the City Secretary Department at 972 - 304 -7016, e -mail RPI @coppelltx.gov or fax us at 972 - 304 -3673, ATTN: Chiquita Taylor. Sincerely, Christel Pettinos City Secretary CITY OF COPPELL, TEXAS CITY SECRETARY DEPARTMENT PUBLIC INFORMATION CHARGES BILLING Name of Requester: Jimmy Cassels Date: 01/31/2011 Description of Information 1701 Ledbetter Road Request No.: 10333 Number Cost Standard -size paper copies (estimated) 190 @ $0.10 per page $ 19.00 Nonstandard -size copies: CD/DVD 2 @ $2.50 each $ 5.00 VHS video cassette @ $2.50 each $ Audio Cassette @ $1.00 each $ Paper (oversized) @ $0.50 each $ Personnel Charges (estimated) 6.50 @ $15.00 per hour $ 97.50 Overhead Charges (20% of total personnel charge) 97.50 x 20% $ 19.50 Postage /Shipping Charge (actual cost) $ Other charges as outlined below: Total Estimated Charges $ 141.00 Note: Sales tax is not applicable on public records Forms Disk A: \charges.rpi - CASSELS & REYNOLDS, L.L.P. ATTORNEYS AT LAW P,O,BOX 1626 LUFKIN, TEXAS 75902-1626 JAN1 (936) 634-8466 FAX (936) 639-1939 CA Ctir FAX To: City Secretary Department From: Jimmy Cassels ATTN: Chiquita Taylor Fax: (972) 304-3673 pages includin2 cover sheet Phone: Date: January 18, 2011 OPEN RECORDS REQUEST If transmission not complete please call Brandy at (936) 634-8466 CONFIDENTIALLY NOTICE • This facsimile transmission (and/or documents accompanying it) may con confidential information belonging to the sender which is protected by the attorney-c nt privilege. The information is intended only for the use of the individual or entity naiied above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of his information is strictly prohibited. If you have received this transmission in e r i r, immediately notify us by telephone to arrange for return of the documents. TOO'd Z960# SrlaSSV3 6E'6I6E99£6 Zt:60 626T629926 •.,: -,..: x. M'RM vi 4c11 =W�r xOR� S°9"nrno rrvi •.� CASSELS & REYNOLDS, L.LP. Attorneys at taw 117 E. Lufkin Ave. P. 0. Box 1626 Lufkin, Texas 75902=1626 Telephone: (936).634 -8466 FAX (936) 639 - 1939 Jimmy A. Cassels P,,„ .1. . .l January 18, 2011 Christel Pettinos, City Secretary Via CMRRR & Fax OPEN RECORDS REQUEST City Secretary Department City of Coppell, Texas P.O. Box 9478 Coppell, Texas 75019 JAN 18 2111 RE: Cause No 1 08461; HFLP, LTD vs_ Angelina Fuels; LLC € 7 -a 'a Dear Clerk: This is a request under the Texas Open Records Act, Chapter 5.52 of the Government Code regarding the above referenced cause. Enclosed herewith •please find a copy of the lease bctwien the above referenced parties. The address for the premises the subject . of this inquiry is 1701 Ledbetter Road, Coppell, Texas 75011. 1 request that 1 be sent copies of the following documents: A) Any and all correspondence, writings, letters, memorandums, Citations issued, and/or Zoning regulations related to the premises located on Ledbetter Road in the last ten (10) years; B) Any and all maps or writings indicating this land is in a floodplain or restricted as to use; C) Any and all restrictions or ordinances or orders of any kind by the City of Coppell, Te xas which would have at any time restricted the use of the property located at 1701 Ledbetter Road, Coppell, Texas, 75011 and any letters comxmux icatin same; D) Any and all pictures or reports involving this site. if you determine that all or various portion of the information requested is excepted from the required disclosure, please notify me of the excepted material and the reason for its exception., Tf there is a cost for this production under the statute, please advise and I will promptly forwar the required fee at once. Should you have any questions, please feel free to contact me at the numbers set out above. ?00'd ?960# d'I'T'SQ'IONA,a 9 S'IaSS'YO 6E6T6E99E6 5t :60 TTOZ'BT'NVr i Thank you for your assistance in this matter. � JAN 1 8 201 Res • - 'ctfully yo d - M-7 If 1 A. Gas.els 1 orney at : w JAC/brm Enclosure £00'd 7_960# d'I'I'SQ'IONA323 9 s7assYO 6£6I6£99£6 2 :60 TTOZ'9I'N1dr M Vr C ry JAN 1 8 2011 GROUND LEASE AGRREMENT $ du st This lease is made to be effective as of the 15 day of June, 2009, between HFLP, l LTD, as (Lessors), and Angelina Fuel, LLC. as (Lessee) WHEREAS, Angelina Fuels, LLC desires to lease 15 acres more or less between Masstec and the telecommunication tower to the west of Ledbetter Rd. by Lessor. WHEREAS, YELP, LTD hag determined that it is reasonable Necessary and of definable benefit to provide Angelina Fuel, LLC with the use of the leased premises; NOW THEREFORE, the parties agree as follows: 1. DEMISE. 'the Lessor leases to the Lessee, the premises is the Town of Coppell, County of Dallas, State of Texas, described as follows: The property physical address is 1701 Ledbetter Rd., Coppell, Texas 75011. The the total acres of t e lease shall be 15 acres + /- •between IVlasstec and the telecommunication tower. To have and to hold the demised premises for and during fhe term hereof, together with all and singular the appurtenances, rights, interests, easements and privileges in any was pertaining thereto. 2. TERM_ The initial term of this lease shall be one (1) year, comrneneing on the 7 day of June, 2009 and payable as follows: $5,000.00 due upon acceptance of lease $2,500.00 due monthly for June— August, 200 $7, 500.00 due monthly for. September -- May, 2010 Lessor and Lessee agree to the additional terms of continuance of the agree Gent as follows: y June 16, 2010 to June 15 2011 the rentwill be $10,000.00 per month. (0104 June 16 2011 to June 15 2015 the rent will be $10,000,00 per month (and a fy 15% increase per year) i ,, c . tOO'd z960# 3'I: T S'IHSSvO 6r6T6£99c6 £b:60 TTOZ'9T'N` f JAN 8 20 x f 6 The parties to this agreement may during the term of this lease mutually agree to participate in a joint venture for the purpose of abetter profitability and a better working relation for both parties. Provided that Lessee is not in default in any manner with respect to the terms and conditions of this Lease at the expiration of the time for giving notice of renewal and at the time of renewal, then Lessee shall have the right and option to extend the terra of this Lease for four (4) additional terms of one (1) year. In order to exercise its right to extend this Lease, for an additional term, Lessee shall give Lessor not less than thirty (30) days notice in writing of Lessee's intent to exercise its option to the Lease. In the event Lessee shall fail to give such notice not less than thirty (30) days before the expiration of the term, then the right to extend shall terminate and the Lease shall terarinate at the end of the original term of the Lease. 3. RENT. The Lessee shall pay to the Lessor for the demised premises during the term of this lease, in lawfitlmoney of the United State, as outlined in Section 2. All inonies are due on the 15 of the month annd payable to I FLP, LTD, 4847 Scyene Rd., Dallas, Texas 75210. 4. MILITIES. e Lessor shall pay all charges for sewer connection, sewer and water lines. The Lessee shall provide the equipment and labor and the Lessor shall provided material and any fees. The Lessee will pay for the monthly sewer charges and for water, electricity, gas, telephone and any other utilities used by Lessee during the term of this Lease or any renewal thereof. 5 - p - - Lit s or'� 14/ 5. LIEN'S OR ENCUMBRANCES. The Lessee shall not suffer the 1 " premises to become subject to any lien, charge or encumbrance whatsoever, other than a mortgage as hereinafter provided, without the prior written approval of the Lessor, and shall indemnify the Lessor against all such liens, charges and encumbrances; it being expressly agreed that the Lessee Shall have no authority, express or implied, to create any lien, oharge or encumbrance, other than a mortgage, upon the improvements thereon. 6_ ASSIGNMENTS/RIGHTS OF USE Di OTHERS. The Lessee shall not assign this lease to any person, individual or corporation-, except with the Lessor's consent, unless the assignee shall in the instrument of assignment expressly assume the Lessee's covenants and obligations hereunder. 3 £ S S00 d 7960# d'I'I'SQIONAa s7assVD 6£6T6S99E6 Et:6O TTOZ'8T'Ndn JAN 1 8 ?Oil . `1 / L., ' a;t) P 7. INSURANCE AND INDEIVINIFICAT1ON. Lessee shall indemnify and hold the Lessor free and harmless from any and all demands, loss or liability resulting from injury to or death of any person or persons because of the negligence of the Lessee or the condition of the property at any time or times hereafter, and all maintain in full force and effect, subject to all the other terms contained in this paragraph, liability insurance naming Lessor and Lessee in a combined single limit amount of not less than $1,000,000. 8. LESSOR TO ENTER. The Lessee shall permit the Lessor and its agent's at all reasonable times to enter upon the premises to view the condition of the premises and buildings. 9. SURRENDER. At the termination of this lease the Lessee shall surrender the premises in such repair and condition as shall be in accordance with the convenants herein contained_ Lessee shall leave the premises free of any and all woody biomass material and any other objects. 10. ENTIRE AGREEMENT. This lease sets forth all the convenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the leased premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this lease shall be binding upon Lessor or Lessee unless reduce to writing and signed by them. 11. NOTICES. Any notice, demand, request or other instrument which maybe or are required to be given under this lease shall be sent by United State certified mail, postage prepaid and AO be deemed to be given when mailed and shall be addressed (a) if to Lessor at 4847 Scyene Rd., Dallas, Texas 75210, or at such other address as Lessor designated by write notice, (b) if to Lessee at: P. 0. Box 151507, Lufkin, Texas .75915, or at such other address as Lessee shall designate by written notice: 12. PARTIAL INVALIDITY. If any term,; covenant or condition of this lease or the application thereof to any person or circtunstanaes shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term, convenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, convenant or condition of this lease shall be valid and be enforced to the fullest extent omitted by law. ilk 900'd 2960# d'I'I'S127ONZ.S1d 5 SlESS'd0 6E6t6c99=6 cfi:60 TTOZ'8T'NTP f r Jun 08 09 11:14n Rc uall B6vrage5 214 -4 •6347 p.1 , 1 9 HFLP L7n 3 11 484 SCYSN L RD DALLAS TEXAS 75210 June S, 2009 JAN I 8 2011 Deaf Bobby Smith f",,: ":_ rsc The following is the term of the lease as we discussed earlier on the phone: a f $ 3 — e �'• ,. a r"' Lea7<ff starts on June 15' until August 15th 2009 the r e n t will be 32 •00 pa month which will be $5000.00 due up on sigeing tic lease t Angust 16' to Junc15 2(110 the runt will bc $7,500.00 per month 1 June UP. 2010 to Junc 19h 2011 the tent will be S10.00 0.00 per month i June 15'" 2011 to June 15'h 2015 the rent will bc S10.000.00 plus 15% increase per month At the landlord's discretion, at any given time during the term of the haze if the l lord wishes to iL participate t4i, a joint vtntuee with the tenant in the business operation, the land loud may do sty with mutually xgccing re go in the bttsint=+ for purpose of bores prefuability and better woticing relation for both parties. *.Che pro perry address is 1701 Ledbetter rd Coppeu Texas 75011 The total acres of the lease should be 15 acres I• /- betwo:o hf and the telecommunication tower Please make the !rase nreercrent to 111= 1.P,L1D• 4547 Scyenc td D211/s Mat 75210 The signature illfatiC should wad, �Sohaulrnad Y Hhalasny Sincerely, I itfoharrmaad X'iiakcvny 1 I 1 i