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Home My WebLink About1998-431r MbmNWePAWWu, Q9wmiN Jnwtm\91o1a AmwEmaii to 8u11 W.Aoc 190 ORDINANCE NO Yj AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO AIRPORT LEASE AGREEMENT COMMERCIAL/FBO BETWEEN THE CITY OF DENTON AND EZELL AVIATION, INC, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, certain real property upon the Denton Municipal Airport was leased to Ezell Aviation, Inc, a Texas Corporation, by an Airport Lease Agreement Commercial/FBO effective May 1, 1997 WHEREAS, the City of Denton and the lessee desire to amend the lease agreement, and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the First Amendment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SSECTION I That the attached First Amendment to Airport Lease Agreement Commercial/FBO between the City of Denton and Ezell Aviation, Inc is approved SECTION II That the City Manager is authorized to execute the attached lease amendment on behalf of the City and the City Secretary is directed to affix this ordinance with the executed lease amendment to the Airport Lease Agreement Commercial/FBO effective May 1, 1997, inscribing on the original agreement the fact it has been amended and the effective date of the amendment SECTION III That this ordinance shall become effective immediately upon its passage and approval -h) PASSED AND APPROVED this the day of Coaelb , 1998 ;;..Fi=�� lr#�r i . ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRtED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � a " -! FIRST AMENDMENT TO AIRPORT LEASE AGREEMENT COMMERCIAL/FBO STATE OF TEXAS COUNTY OF DENTON WHEREAS, this First Amendment To Airport Lease Agreement Commerctal/FBO ("Amendment") is entered into by and between the City of Denton ("Lessor") and Ezell Aviation, Inc ("Lessee"), and WHEREAS, on or about May 1, 1997, an Airport Lease Agreement Commercial/FBO ("Airport Lease") was effective by and between the City of Denton and Ezell Aviation, Inc, and WHEREAS, Lessee and Lessor desire to amend the Airport Lease in order to evidence certain additional agreements between Lessor and Lessee, and WHEREAS, as partial consideration for the Amendment, Lessee has constructed a public ramp on property immediately adjacent to the Premises and desires to release Lessor from any and all claims, causes of action, and suits in equity arising out of or in any way related to the construction of the public ramp and/or arising out of or in any way related to the Airport Lease through the date of this Amendment, NOW, THEREFORE, in consideration of the mutual promises and agreements contained in this Amendment, including the recitals set forth above, the parties agree as follows I All of Article II, Section B of the Airport Lease relating to the Improvement Requirements is hereby and herewith amended to read as follows B. Improvement Requirements 1 In making any improvements on the Premises, Lessee shall comply with the following a All requirements of the Lessor's Land Development Code, other than plattmg requirements, including but not limited to Lessor's Building, Fire, Electrical, and Plumbing Codes, and other Codes and ordmahces applicable to the improvements to be made, including the payment of any fees established by ordinance b Prior to commencing development, Lessee shall obtain the City Council's determination that the improvements conform to and are compatible with the overall Amendment to Airport Lease Agreement CommerciaVFBO Pagel of 5 size, shape, color, quality, design, appearance, and general plan of the program established by the Lessor's Master Plan for the Airport c Any rules or regulations of any and all Federal or State agency having jurisdiction thereof d Construction of drainage unprovements, as required by City's subdivision rules and regulations, located at boundary between FBO Tracts `B" and "C" to be completed prior to any development pursuant to Section II (B) (1) (f) listed herein below e The remodeling of approximately 7,000 square feet of the existing FBO facility to be completed June 1, 1999 f Construction of new structure(s) totaling of approximately 12,000 or more square feet to be completed by June 1, 2003 The Lessor agrees to pay ten (10) percent of construction costs of the drainage improvements which are described in paragraph II (B) (1) (d) above These costs will not be eligible for payment until they have been reviewed and found to be accurate and reasonable by the City of Denton Engineering Department Such costs will not be paid until completion of improvements listed in 4, 5, and 6 above The ten (10) percent credit will be refunded in twelve monthly increments by reduction of the monthly land lease payments to begin the first month after completion of 4, 5, and 6 above Lessee shall maintain the public ramp located west of Tracts A and C and between Taxiway A, for a period of three (3) years following the execution of this Amendment Lessee, at Lessee's sole costs and expense during said three (3) year period, shall keep the said public ramp in good, clean condition, and shall make all needed repairs If any repairs required to be made by Lessor hereunder are not made within thirty (30) days after written notice delivered to Lessee by Lessor, Lessor may at its option make such repairs without liability to Lessee for any loss or damage of any and every kind by reason of such repairs, and Lessee shall pay to Lessor on demand as additional rental under this Airport Lease the cost of the repairs together with interest at the maximum legal rate in effect in the State of Texas from the date of payment by Lessor until repaid by Lessee 4 Article III, Section C of the Airport Lease is hereby and herewith added and reads as follows C Credits Lessor shall credit Lessee a total of $12,545 40 over a five (5) year period from this lease at a rate of $209 09 per month ($2,509 08 per year) for the construction of the a new public access aircraft ramp located west of Tracts A and C and between Taxiway A and the release of. any and all claims related thereto Said monthly credit amount shall begin as of 1 5, 199? All of Article XIV of the Airport Lease is hereby and herewith amended to read as follows XIV COVENANTS BY LESSEE Lessee hereby agrees as follows A To indemnify and hold harmless the Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises Amendment to Airport Lease Agreement Commercial/FBO Page 2 of 5 B As the administrator of an aviation fuel dispensing operation, Lessee shall indemnify and hold harmless the Lessor, Lessor's successors, assigns, servants, agents, employees, of and from any and all claims, demands, actions, causes of action or suits in equity of any and every kind or character, arising out of or in any way related to fuel releases that occur on the Premises, airport property, City of Denton Property, and/or the property adjacent thereto If such a release occurs, Lessee shall be responsible for mitigation and remediation efforts as required by the Texas Natural Resource Conservation Commission, the U S Environmental Protection Agency, and/or any and all other governmental agencies C Not to make or suffer any waste to be made of the premises and will keep said premises neat, clean and respectable condition, free from objectionable matter or thing D To observe and comply with all current and future laws and ordinances and all regulations of federal, state, county or city airport authorities or agencies having jurisdiction over the conduct of operations at the airport E To keep adequate records of income and expenses and make such records reasonably available, upon request, to the Director of Finance of the City of Denton, Texas F Lessee will quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted G Lessee shall, at its expense, procure all licenses, certificates, permits, or other authorization from any and all governmental authorities, if any, having jurisdiction over the operations of Lessee H. Lessee shall, in the course of marketing its own goods and services, market and promote the Denton Municipal Airport and various events held at the Denton Municipal Airport This Amendment is intended to amend the provisions of the Airport Lease only to the extent expressly set forth above All of the terms covenants, provisions, and conditions set forth in the Airport Lease are ratified and confirmed except as expressly modified by this Amendment This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of Lessor and Lessee In partial consideration for the amendments referenced herein above, Lessee does hereby and herewith release Lessor of and from any and all claims, causes of action, and/or suits in equity arising out of or in any way related to the construction of the public ramp located west of Tracts A and C and between Taxiway A Lessee does hereby and herewith also release Lessor of and from any and all claims, causes of action, and/or suits in equity arising out of or in any way related to this Airport Lease prior to the execution of this Amendment Amendment to Airport Lease Agreement Commercial/FBO Page 3 of 5 IN TNES REOF, the parties have executed this Amendment as of the day of 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY B C APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF DENTON, LESSOR EZELL AVIATION, INCORPORATED BY NE SL ON EZELL TITLE CA- 4AX-V/- Amendment to Airport Lease Agreement Commercial/FBO Page 4 of 5 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the W day of al�o 1998 by Nelson Ezell SHERRY COPE NOTARY PUBLIC STATE OF TEXAS My Commission Expires 11 182000 NOTARY POBLYC, STATE OF TEXAS My Commission Expires Amendment to Airport Lease Agreement Commercial/FBO Page 5 of 5