HomeMy WebLinkAbout2010-149FILE REFERENCE FORM 2010-149
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
Date Initials
Assignment of Lease and Conveyance of Ownership of Leasehold
Improvements — Ordinance No. 2010-150 06/15/10 )R
ORDINANCE NO. 2010-149
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN AN
AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL AIRPORT FROM AVIONICS
INTERNATIONAL SUPPLY, INC., TO ANDY JOHNSON LOCATED AT 1750
WESTCOURT, DENTON, TEXAS AT THE DENTON MUNICIPAL AIRPORT AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Avionics International Supply, Inc. has requested that the Airport Lease
Agreement at 1750 Westcourt, dated December 19, 1995 be assigned to Andy Johnson; and
WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
Assignment of a leasehold interest in an Airport Lease Agreement at the Denton Municipal
Airport from Avionics International Supply, Inc. to Andy Johnson, attached as Exhibit A and
made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 4 da of
� �` y
r' r
/pATTEST:
JENNIFER WALTERS, CITY SECRETARY
qllze w7nAAW54,0
I M/ Ow
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2010.
MARK �N. BLIM9(UGHS, MAYOR
STATE OF TEXAS
COUNTY OF DENTON
ASSIGNMENT OF LEASE and CONVEYANCE OF OWNERSHIP OF LEASEHOLD
IMPROVEMENTS
WHEREAS, on or about December 19, 1995 the City of Denton, Denton County,
Texas, as Lessor, ("the City") and Avionics International Supply, Inc., a Texas
Corporation, as Lessee, ("AIS") entered into a certain lease agreement entitled
AIRPORT LEASE AGREEMENT ("the LEASE") concerning property located at the
Denton Municipal Airport and having the street address of 1750 Westcourt Dr., Denton,
Texas. The legal description of the property is set out in said AIRPORT" LEASE
AGREEMENT, a copy of which is attached hereto and included herein by reference as
though copied verbatim herein, and
WHEREAS AIS desires to assign its interest in the LEASE and convey all of its
right, title, interest, and ownership of the Leasehold Improvements located on the
leased premises, including without limitation the building(s) and structures thereon, to
Andy Johnson, presently of 1005 Quail Run Road, Southlake, Denton County, Texas
76092 ("Johnson") and,
WHEREAS the City has consented to the assignment and conveyance herein
contained and as set out hereinafter as evidenced by the signature of the proper City
Official(s) below,
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, AIS hereby assigns, transfers, and
delivers all of its right, title and interest in and to the above -described AIRPORT LEASE
AGREEMENT and the premises covered thereby to Johnson, and further conveys to
Johnson all of its right, title, interest, and ownership in and to the Leasehold
Improvements located on the leased premises, including without limitation the
building(s) and structures thereon.
It is agreed and understood by and among the parties to this Agreement that:
1. Johnson agrees to accept and hereby accepts the "LEASE," pay all rents,
and punctually perform all of AIS's obligations under the "LEASE" accruing on
and after the date of delivery of possession to the Assignee as contained in
this agreement. Johnson further agrees to indemnify and hold AIS harmless
from any breach of Johnson's obligations hereunder.
2. AIS shall deliver possession of the leased premises of the premises covered
by the ."LEASE" and possession of the aforesaid Leasehold improvements
Assignment & Conveyance: AIS to Johnson
page 1
located on the leased premises, including without limitation the building(s)
and structures thereon, to Johnson on the date of the execution hereof. All
rents and other charges accrued under the "LEASE" prior to that date shall be
fully paid by AIS, and thereafter by Johnson.
3. the City consents to this Assignment of Lease, provided that:
a. Assent to the assignment shall not discharge AIS of its obligations
under the "LEASE" in the event of breach by Johnson;
b. In the event of an uncured breach by Johnson, the City shall provide
AIS with written notice of that breach and AIS shall have full rights to
commence all actions to recover possession of the leased premises (in
the name of the City, if necessary) and retain all rights for the duration
of the "LEASE," provided AIS shall pay all accrued rents and cure any
other default within a reasonable time;
c. -There shall be no further assignment of the "LEASE" without prior
written consent of the City except that the City hereby consents that
Johnson, may assign the "LEASE," including without limitation, all of
his right, title, interest, and ownership in and to the Leasehold
Improvements located on the leased premises, including without
limitation the building(s) thereon, to Global Maritime Supply
Management LLC, a Texas limited liability company presently located
at 1750 Westcourt Road, Denton, Denton County, Texas, of which
Johnson, is the owner of one hundred per cent (100%) of the
membership interest therein.
This Agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
SIGNED under seal this the day of i4vtoo 2010, in Denton,
Denton County, Texas. 6/
Assignment & Conveyance: AIS to Johnson
Avionics International Supply, Inc.,
Mike . phin, its resident
ndytXo n,
page 2
a
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
STATE OF TEXAS
COUNTY OF DENTON
The City of Denton, Denton County,
Texas
By
Title: &/7 y �iI/��
Title:
Before me, the undersigned Notary Public, on this day personally appeared Mike
Sutphin in his capacity as President of Avionics International Supply, Inc. and on its
behalf, and known by me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
2010.
Given under my hand and seal of office this - day of
STATE OF TEXAS
COUNTY OF DENTON
KAYLA S. CORNELIUS
Notary Public, State of Texas
My Commission Expires
of September 17, 2013
Before me, the undersigned Notary Public, on this day personally appeared Andy
Johnson, known by me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this day of
2010.
KAYLA S. CORNELIUS to ub i f T xas
Notary Public, Wo of Texa§ My mi sion xp
CIDMy Corr mission Expires
OF September 17, 2013
Assignment & Conveyance: AIS to Johnson page 3