HomeMy WebLinkAbout24-2592Docusign Envelope ID: F944C8BD-E37F-+A86-8615-D896BF4BC58F
ORDINANCE NO. 24-2592
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ASSIGNMENT OF
AIRPORT LEASE FROM WAYNE AND MARIBETH YARBROUGH TO DSR-CHEROKEE
180, LLC COVERING PROPERTY AT 918 AERONCA LANE, DENTON, TEXAS AT THE
DENTON ENTERPRISE AIRPORT: AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ASSIGNMENT OF AIRPORT LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 6, 1994, the City of Denton, a Texas home-rule municipal
corporation (hereinafter the “City”), entered into that certain Airport Lease Agreement –
Commercial Operator (the “Lease”) with Bruce Brown covering property located at 918 Aeronca
Drive, Denton, Texas, as more fully described in the Lease (the “Property”), at the Denton
Enterprise Airport (“Airport”), which Lease was approved by the City pursuant to Ordinance No.
94-231; and
WHEREAS, on April 1, 1997, Bruce Brown assigned the interest in the Lease to Dwayne
E. Hatcher and David W. Austin, Resolution R97-015; and
WHEREAS, on May 1, 1997, the Lease was amended to include additional mortgage
language, Ordinance No. 97-131; and
WHEREAS, on August 14, 2007, Dwayne Hatcher entered into a Quit Claim Deed,
assigning all right, title, interest and claim, to David W. Austin; and
WHEREAS, on August 15, 2023, Emily Schopper, Independent Administrator of the estate
of David Wayne Austin, deceased, assigned the interest in the Lease to Wayne and Maribeth
Yarbrough (“Assignor”), Ordinance 23-1312
WHEREAS, Assignor has agreed to assign its interest in the Lease, including certain
improvements thereon, to DSR-Cherokee 180, LLC (“Assignee”); and
WHEREAS, the Lease requires the written consent of the City for the proposed assignment
to be effective, and Assignor has requested the City give such consent; and
WHEREAS, at the January 8, 2025, meeting of the Airport Advisory Board, the Board
recommended that the City approve the Assignment of Airport Lease for the Property by a vote of
5 to 0; and
WHEREAS, the City Council deems it in the public interest to enter into an Assignment
of Airport Lease giving consent to the assignment contemplated above; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
1
Docusign Envelope ID: F944C8BD-E37F4A86-8615-D896BF4BC58F
SECTION 2. The Assignment of Airport Lease for the Property in the form attached
hereto as Exhibit A is hereby approved and made a part of this ordinance for all purposes.
SECTION 3. The City Manager, or their designee, is hereby authorized to execute the
Lpproved Assignment of Airport Lease.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Brian Beck and
seconded by Brandon Chase McGee , the ordinance was passed and approved by
the following vote Lz_ - JL] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: X
Vicki Byrd, District 1 : X
Brian Beck, District 2 : x
Paul Meltzer, District 3 : x
Joe Holland. District 4: X
Brandon Chase McGee, At Large Place 5 : x
Jill Jester, At Large Place 6: X
PASSED AND APPROVED this the 14th day of January , 2025.
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ATTEST
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
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