HomeMy WebLinkAbout25-604Docusign Envelope ID: 0A5C4876495E'+4A3-8552.6FFCA31DICF3
ORD[NANCE NO. 25-604
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN AIRPORT HANGAR
LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DSR-CF]EROKEE
180. LLC, COVER[NG PROPERTY AT 926 AERONCA LANE, DENTON. TEXAS AT THE
DENTON ENTERPRISE AIRPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AIRPORT HANGAR LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, DSR-Cherokee 180, LLC (“Lessee”) has requested an Airport Hangar Lease
Agreement (“Lease”) from the City of Denton (“Lessor”) for a certain 5,640 square foot building
located at 926 Aeronca Lane, at the Denton Enterprise Airport (“Airport”); and
WHEREAS, at the April 9, 2025 meeting of the Airport Advisory Board, the Board
recommended that the City approve the Airport Hangar Lease Agreement by a vote of 6 to 0; and
WHEREAS, the City Council deems it in the public interest to enter into an Airport Hangar
Lease Agreement; 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.
SECTION 2. The Airport Hangar Lease Agreement 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
approved Airport Hangar Lease Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Jill Jester and seconded by Joe
Holland, the ordinance was passed and approved by the following vote [ 7 - 0 ]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:/
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J
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Docusign Envelope ID: 0A5C487&495E'HA3-85524FFCA31DICF3
Joe Holland. District 4:J
,/
I
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 15th day of April, 2025.
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GERARD HODSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY L\\\\III III/if
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
DocuSlgned by:
BY:
Docusign Envelope ID: DC3F6722-1CBD-481A-B557-33C588CDB13F
AIRPORT LEASE AGREEMENT
THIS AIRPORT LEASE AGREEMENT (this "Agreement") effective as of this
_15th__ day of ____April____ , 2025, by and between the CITY OF
DENTON, TEXAS, a Texas home-rule municipal corporation ("City"), and DSR-Cherokee 180, LLC (the "Lessee" and, together with City, the "Parties" and each a "Party").
RECITALS
WHEREAS, City is the owner and operator of the Denton Enterprise Airport in the City of Denton, Texas (the "Airport");
WHEREAS, City has the right, title, and interest in and to the real property on the Airport, together with the facilities, easements, rights, licenses, and privileges hereinafter granted, and has full power and authority to enter into this Agreement in respect thereof;
WHEREAS, DSR-Cherokee 180, LLC holds the leasehold interest of a certain ground lease located at 926 Aeronca Lane at the Airport dated March 7, 1995 between the Parties (the
"Ground Lease Agreement"), which is due to expire on April 30, 2025, and upon its expiration,
pursuant to Section V. of the Ground Lease Agreement, the ownership an title to all building improvements made to the Leased Premises shall merge with the real property and become solely the property of the City, free and clear of all claims, liens, and encumbrances;
WHEREAS, immediately upon the expiration of the Ground Lease Agreement, without
interruption, the Lessee desires to lease and continue to occupy that certain hangar located within the Airport known as 926 Aeronca Lane, with the public address known as 926 Aeronca Lane (hereinafter referred to as "Leased Premises" and more fully described in Exhibit A attached hereto and made a part hereof) and City desires to lease the same to the Lessee for the Term as defined below;
WHEREAS, Lessee is qualified, ready, willing, and able to undertake such occupancy,
and/or use; and
WHEREAS, the Parties hereto wish to memorialize their agreement herein and they agree as follows:
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which by this reference are hereby incorporated into this Agreement, and the mutual covenants contained in this Agreement, the Parties hereto hereby agree as follows:
ARTICLE I
LEASE OF LEASED PREMISES; TERM
Section 1.1 Lease of Leased Premises.
Signed by:
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