HomeMy WebLinkAbout2006-020S:\Our Documents\Ordinances\06\Assignment of pad site Triange-Davis.doe
ORDINANCE NO. Z000—aZ,�9
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM TRIANGLE AVIATION, INC. TO CHARLES N. DAVIS, III, LOCATED
AT 4650 JOHN CARRELL ROAD AT THE DENTON MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT EXTENDING
THE TERM OF THE LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Triangle Aviation, Inc. has requested that its Airport Lease Agreement
Commercial Operator at 4650 John Carrell Road dated April 4, 2001 be assigned to Charles N.
Davis III; and
WHEREAS, Mr. Davis has requested that the Lease be amended to extend the term for
five years and the City Manager recommends an increase in the rental for this period; 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
and the amendment to extend 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 an
Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the
Denton Municipal Airport from Triangle Aviation Inc. to Charles N. Davis III, in substantially
the form of the Assignment attached to and made a part of this Ordinance for all purposes, to
evidence the City's consent to the Assignment.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute an
Amendment to the Commercial Operator Airport Lease with Triangle Aviation, Inc. that extends
the term of the Lease for five years and increases the rental, in substantially the form of the
Amendment attached to and made a part of this Ordinance for all purposes.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the IqUk day of 2006.
EULINE BROCK, MAYOR
SAOur Documents\Ordinances\06\Assignment of pad site Triange-Davis.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ' "
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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S:\Our Documents\Contmds\06\Triang1e Aviation -Davis Assignment.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE: January 17, 2006
ASSIGNOR: Triangle Aviation, Inc.
ASSIGNEE: Charles N. Davis, III
LEASE: Date: April 17, 2001
Landlord: City of Denton, Texas
Tenant: Triangle Aviation, Inc.
Premises: The property located at 4650 John Carrel Road, Denton, Texas
76207 and more fully described in the Attachment A and B which
is made a part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To:
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. Complete all obligations of purchase from Assignor prior to this
Assignment becoming effective.
Landlord consents to this assignment. Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of Landlord's consent to this Assignment that:
1. Assignor will remain liable on the Lease should Assignee default on the
Lease.
2. Assignor will pay or will have the Assignee pay the Landlord a $500
transfer fee.
3. Assignor will pay or will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment, including
without limitation, all Landlord's reasonable attorneys fees and Landlord's
staff time associated with this assignment.
PREVIOUS ASSIGNMENTS: None
For Triangle Aviation, Inc. John Brown, President, Assignor
S:1Our Docu tst.Contracts\06\Tming1e Avintion-Davis Assignment.doc
For Ch es N. Davis, III, Assignee
Charles N. Davis, III
City of Denton, Landlord
-44 mv�
Howard Martin, Interim Ci Manager
Attest:
Jennifer Walters, City Secretary
By: Q,
Approved as to Legal Form:
Edwin M. Snyder, City Attorney
By:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ✓-- day of
20_&, by John Brown, President of Triangle Aviation, Inc., a State of Te corporation,
behalf of said corporation.
M•. sL uVa`
JOAN M. DWS
[SEAL] MV COMMISSION E PIRES No y Public, State of Texas
a q May 16.2006 My Commission Expires, :l�0ip
(or Notary Stamp)
Page 2 of 3
S:\Our Documents\Cont \06\Traingle Aviation -Davis Assigttntentdm
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
20QL, by Charles N. Davis, III.
theday of
yr JOAN M. DAVIS
[SEAL] (.;:. tary ublic, State of Texas
MY
COMMISSION EXPIRES
May 16, 2006 y Commission Expires 2LL&--a(0
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the�� day of
20�, by Howard Martin, Interim City Manager on behalf the City of benton, Te , a
municipal corporation.
Glum
ij . �,`qG,�.,, 1ANE E. RICHARDSON �'
SEAL ' (;: Notary Public, State of Texas N Public, State of Texas
(SEAL]'!
]'Xj My Commission Expires
%r June 27. 2009 My Commission Expires
(or Notary Stamp)
Page 3 of 3
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ATTACHMENT "A"
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ATTACHMENT "B"
FIELD NOTES to an that certain tract or parcel of land lying and being situated in the William Neil
Survey. Abstract Number 970 in the City of Denton, Denton County. Texas and being a Part of Lot
1, Block 1 of the Southeast Airport Addition, an addition in the City of Denton, Denton County,
Texas, according to the plat thereof recorded in Cabinet G, Page 295 of the Plat Records of
Denton County. Texas. and being more particularly described as follows:
COMMENCING at the most Westerly Southwest Corner of said Lot 1, Block 1:
THENCE North 08 Degrees 36 Minutes 21 Seconds East with the West line of said Lot 1, a
distance of 936.22 feet:
THENCE South 88 Degrees 36 Minutes 10 Seconds East, a distance of 913.34 feet to a 121nch
Iron Rod Found at the Northwest corner or the herein described tract In the South line or a 130 toot
taxiway, drainage, and utility easement:
THENCE South 88 Degrees 41 Minutes 08 Seconds East with the North line of the subject tract
and the South tine of said 130 fool easement, a distance of 100.00 feet to a 121nch Capped Iron
Rod Set for the Northeast comer of the herein described tract;
THENCE South Os Degrees 22 Minutes 17 Seconds West with the East Inc of the subject tract• a
distance of 180.00 feet to 121nch Capped Iron Rod Set for the Southeast comer of the herein
described tract;
THENCE North 88 Degrees 37 Minutes 343 Seconds West with the South fine of the subject tract,
a distance of 100.00 feet to a 12 Inch Iron Rod Found for the Southwest comer of five herein
described tract;
THENCE North Of Degrees 22 Mtnules 17 Seconds East with the West Ina or the subject tract• a
distance of 179.90 feet to the Point -of -Beginning, and containing in a9 0.41 of an acre of land.
more or less.
These field notes with the accompanying sketch were prepared from an on4he-ground survey
made under my direction and supervision on 03-1"1.
FLOOD STATEMENT: I have exarnined the F.E.M.A. Flood Insurance Rate Map for the City of
Pander. Denton County, Texas. Community Panel No. 4130194, effective date 3-30-98 and that
'.. map indicates that this property Is In Zone X which Is defined as "Areas deterhrvned to be outside
of the 500 year good' as shown on Panel 0355 E of said map.
J.E. THOMPSON R.P.L.S. 4857 Date
lyr.: •,
SA0ur Documents\Contmcte106%Tnmg1e First Amendmentdoc
FIRST AMENDMENT TO
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
This First Amendment to that certain Airport Lease Agreement Commercial Operator
which was made and executed on April 17, 2001 at Denton, Texas, by and between the City of
Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor," and Mr. John
Brown, President, Triangle Aviation, Inc. having principal offices at 11505 Airway Boulevard,
Roanoke, Texas 76262, hereinafter referred to as "Lessee" which lease is simultaneously with
this Amendment being assigned to Charles N. Davis, III "Assignee".
WTINESSETH:
WHEREAS, the Assignee and the Lessee has requested an extension of the Lease for five
years and the City Manager and the Airport Advisory Board support the extension of the Lease;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION 1. Section III. "Term" is hereby amended to read as follows:
III. Term. The term of this Agreement shall be extended for a period of
five (5) years, commencing on the Ist day of May 2031, and continuing
through the last day of April 2036, in addition to the initial term of thirty
(30) years from May 1, 2001 through the last day of April, 2031, unless
earlier terminated under the provisions of the Agreement. Any attempt by
Lessee to renegotiate this Lease shall be in writing addressed to the City
Manager or his designee at least one hundred eighty (180) days before the
expiration of the stated term of this Lease, and at least 180 days before the
expiration of any additional renegotiated period. Lessee has the option to
renew for two (2) additional ten (10) year terms. The rental and terms to
be negotiated shall be reasonable and consistent with the then value,
rentals and terms of similar property on the airport.
SECTION 2. Section IV. "Payments, Rentals and Fees" is hereby amended by adding
the following paragraph which shall read as follows:
A. Beginning May 1, 2031 through the end of the term of the Lease,
the rental will be increased by $0.05 per square foot over the then
adjusted yearly rental as determined by Section 1V.C. hereof.
Lessee has the option to pay annual rentals and fees in whole on or
S:\Our Documents\ConnM\OG\Triangle First Arnmdmentdoc
before the is` day of October, at the beginning of the City's fiscal
year, each and every year of this lease.
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Lease shall remain in full force and effect, but the
notarization should be for Charles N. Davis, III as opposed to Triangle Aviation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year above first written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By%fv"JQ, iaY .,lA—)
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
BYYLESSOR:
HOWARD MARTIN
INTERIM CITY MANAGER
BY LESS
r
CHARLES N. DA S, III.
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S:\Our Documents\Contracts\06\Triangle First Ameadmcnt.doc
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the11 day ofj �,
20�, by Charles N. Davis, III. <U l
JOAN M. DAVIS
. MY COMMISSION FJ(PIRES
[SEAL] � ;pF?� May 1512006
of lry Public, State of Texas
lytommission Expires I lo-
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
20_�L by Howard Martin, Interim City Manager on behalf the City of Oemon, Texav a
municipal corporation.
[SEAL,] +:�� '•k JANE E. RICHARDSON N aryPublic, State of Texas
` = Notary Public, State of Texas
-+1 a M; Commission Expires My Commission Expires
June 27, 7009 (or Notary Stamp)
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