HomeMy WebLinkAbout2010-052sAour documentslordinances\IO\airport smith lease ordinance.doe
ORDINANCE No. 2010-052
AN ORDINANCE AUTHORIZING- THE CITY MANAGER TO APPROVE A FIRST
AMENDMENT TO AN AIRPORT LEASE DATED DECEMBER 1, 1989 BETWEEN THE
CITY OF DENTON, TEXAS AND DAVID SMITH AT THE DENTON MUNCIPAL
AIRPORT; AND PROVIDING- AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal Airport was leased to
David Smith in an Airport Lease Agreement, and
WHEREAS, the City of Denton and Lessee desire to amend the lease agreement, and
WHEREAS, the Airport Board recommends approval of the Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
of the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a First
Amendment to an Airport Lease Agreement between the City of Denton and David Smith at the
Denton Municipal Airport which is attached to and made a part of this ordinance for all purposes
and to exercise all rights and duties of the City of Denton under the Airport Lease Agreement.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �h day of
M RK A. B UG ,MAYOR
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sAour docaimentslordiiiancesl10lairport smith lease ordinance.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
FIRST AMENDMENT TO
PAD SITE AIRPORT LEASE
BETWEEN CITY OF DENTON AND DAVID SMITH
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This First Amendment to that certain Pad Site Lease which was first made and executed
on December 1, 19 S 9 at Denton, Texas, by and between the City of Denton, Texas, a municipal
corporation, hereinafter referred to as "Lessor," and David Smith, hereinafter referred to as
"Lessee".
WITNES SETH:
WHEREAS, the Lessor and the Lessee have requested an amendment of the Lease term
and the City Manager and the Airport Advisory Board support the amendment of the Lease;
Now, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION III. - TERM OF THE LEASE IS HEREBY AMENDED To READ AS
1PnT .T .nWq
The term of this lease shall be for a period of nine (9) months, on a
month -to -month basis, commencing on the 1 't day December 2009
and continuing through the 31 st day August 2010, unless earlier
terminated under the provisions of the Lease.
SECTION X. - INDEMNITY OF THE LEASE IS HEREBY AMENDED TO
READ AS FOLLOWS:
Indemnity. Lessee must indemnify, hold harmless and defend the
Lessor, its officers, agents and employees, from and against
liability for any and all claims, liens, suits, demands and/or actions
for damages, injuries to persons (including death), property
damage, (including loss of use), and expenses, including court
costs, attorneys' fees and other reasonable costs, occasioned by or
incidental to the Lessee's occupancy or use of the Leased Premises
or the Airport and/or activities conducted in connection with or
incidental to this Lease Agreement, including all such causes of
action based on common, constitutional or statutory law, or based
in whole or in part upon the negligent or intentional acts or
omissions of Lessee, its officers, agents employees, invitees or
other persons. Lessee must at all times exercise reasonable
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precautions on behalf of, and be solely responsible for, the safety
of its officers, employees, agents, customers, visitors, invitees,
licensees and other persons, as well as their property, while in, on,
or involved in any way with the use of the Leased Premises. The
Lessor is not liable or responsible for the negligence or intentional
acts or omissions of the Lessee, its officers, agents, employees,
agents, customers, visitors and other persons. The Lessor shall
assume no responsibility or liability for harm, injury, or any
damaging events which are directly or indirectly attributable to
premise defects, whether real or alleged, which may now exist or
which may hereafter arise upon the Leased Premises,
responsibility for all such defects being expressly assumed by the
Lessee. The Lessee agrees that this indemnity provision applies to
all claims, suits, demands, and actions arising from all premise
defects or conditions.
THE LESSOR AND THE LESSEE EXPRESSLY INTEND THIS
INDEMNITY PROVISION TO REQUIRE LESSEE TO
INDEMNIFY AND PROTECT THE LESSOR FROM THE
CONSEQUENCES OF THE LESSOR'S OWN NEGLIGENCE
WHILE LESSOR IS PARTICIPATING IN THIS LEASE
AGREEMENT WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE INJURY DEATH OR
DAMAGE. NOTWITHSTANDING- THE TERMS of THE
PRECEDING SENTENCES THIS INDEMNITY PROVISION
DOES NOT APPLY TO ANY CLAIM LOSS DAMAGE
CAUSE OF ACTION SUIT AND LIABILITY WHERE THE
INJURY DEATH.,OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE LESSOR OR ANY OF ITS
EMPLOYEES CONTRACTORS OR AGENTS UNMIXED
WITH THE FAULT of ANY OTHER PERSON OR ENTITY.
ALL OTHER PROVISIONS OF THE LEASE AGREEMENT REMAIN IN FULL
FORCE AND EFFECT.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year above first written.
BY LESSOR:
GEORG C. CAMPBELL
CITY MANAGER
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS To LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY LESSEE:
'Z�� "'� li&IZA
DAVID SMITH
STATE OF TEXAS
COUNTY OF DENTON
This instrument was aclmowledged before one on the � �� ` day of �1 ,
20 1 , by David Smith.
[SEAL] Na ary Public, State of Texas
My Commission Expires 61Q11,w1 3
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged befc
20 , by George Campbell, City Manager on
corporation.
���iili���rf Jl'iY1lyR K, 11►p'11 EfiS
F W Notary Public, State of Texas
My Commission Expires
,'' �� ' F ��►y�. December 19, 2010
I
��f 1tN
•e me on the &7day o ,
behalf the City of Denton, exas, "amlt
otary P lic, State of Texas
y Com fission Expires /Ut //f 6
(or Notary Stamp)
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