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Home My WebLink About2006-021. Ct\UOCUME--i\hlprouty\LOCALS-1\Temp\ORD.US Flight Academy 05.doc ORDINANCE NO. 26)0�o—a2 AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL AIRPORT FROM US FLIGHT ACADEMY, LLC. TO US AVIATION GROUP, LLC, LOCATED AT 4850 SPARTAN DRIVE AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, US Flight Academy, LLC. has requested that its Airport Lease Agreement Commercial Operator at 4850 Spartan Drive dated February 19, 2002 be assigned to US Aviation Group, LLC; and WHEREAS, the Airport Board has approved the Assignment; 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 Commercial Operator at the Denton Municipal Airport from US Flight Academy, LLC. to US Aviation Group, LLC., 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 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ j?JA day of 2006. �G "vUae EULINE BROCK, MAYOR C\DOCUMI:-I\hlprouty\LOCALS—I\Temp\ORD.US Flight Academy 05.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Xx /f Page 2 of 2 T:\A New Develnpmcnt\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: January 17, 2006 ASSIGNOR: US Flight Academy, LLC ASSIGNEE: US Aviation Group, LLC LEASE: Date: February 19, 2002 Landlord: City of Denton, Texas Tenant: US Flight Academy, LLC. Premises: The property located at 4850 Spartan Drive, 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 `S Flight Academy, LLC., Todd. -Coffee, Managing Director, Assignor Todd Coffee, TAA New Development\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc For US Aviation Group, LLC, Assignee Mike Sykes, G& V Manager City of Denton, Landlord iAr Howard Martin, Inter m ity Manager Attest: Jennifer Walters, City Secretary By: ILM_ , A )a Approved as to Legal Form: Edwin M. Snyder, City Attorney By: /jet,Yrivto ��L STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the .5V' day of fL�.o'K/-y 20 Db , by Todd Coffee, Managing Director of US Flight Academy, LLC., a State of Texas corporation, on behalf of said corporation. Donna A Davis SEAL g` My Commission Expires [SEAL] Notary Public, State of Texas 1,rzs�zooe ~ My Commission Expires %J 1)-S o 9 (or Notary Stamp) Page 2 of 3 TAA New DevelopmentlUS Flight Academy - FB041GR US Flight Academy Assign 06.doc STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 0 day of 20 0(o , by Mike Sykes, General Manager, US Aviation Group, LLC., corporation on behalf of said corporation. State of TfJxas f,'�`''• JOAN M. DAVIS [SEAL] My COMMISSION EXPIRES yoty Public, State of Texas May ta, z006 mmission Expires `rj- / QED (or Notary Stamp) STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me o 200 by Howard Martin, Interim City Manager on municipal corporation. ,q�,, JANE E. RICHARDSON r [S 2 Notary Public, State of Texas = My Commission Expires 'y,O foti�o,B June 21, 2009 n the / %C/( day of behalf the City of enton, Temfis, a Wary Public, State of Texas My Commission Expires (or Notary Stamp) Page 3 of 3 ATTACHMENT B METES AND BOUNDS DESCRIPTION `•d'; "Q, FIELD NOTES to all that certain tract of land situated in the City and County of Denton, Texas and being o part of Lot 1 Block 1 of the Southeast Airport Addition an addition in the City of Denton, according to the Plat thereof recorded in Cabinet G Page 295 of the Plat Records of Denton County, Texas; the subject tract being more particularly described as follows; COMMENCING at o brass cop found set in asphalt on the Eastern side of a taxiway at the Northwest corner of said Lot 1; THENCE South 88 Degrees 53 Minutes 12 Seconds East with the North line of sold Lot 1 a distance of 258.86 feet to a point for corner; THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 129.80 feet to o V" capped iron rod found for the PLACE OF BEGINNING being the Northwest corner of the herein described tract; THENCE South 88 Degrees 36 Minutes 10 Seconds East with the South line of o variable width taxiway, drainage and utility easement as shown on said Plat a distance of 200.00 feet to o Y2" capped iron rod found for the Northeast corner of the herein described tract; THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 170.00 feet to a Y'" capped iron rod found for the Southeast corner of the herein described tract on the North line of o 60 foot access, drainage and utility easement as shown on said Plat; THENCE North 88 Degrees 36 Minutes 10 Seconds West with the North line thereof a distance of 200.00 feet to a Y'- iron red found for the Southwest corner of the herein described tract; THENCE North Ol Degrees 23 Minutes 50 seconds East with the East line of the above mentioned variable width easement a distance of 170.00 feel to the PLACE OF BEGINNING and enclosing 0.78 of an acre of land. These Field Notes with the accomponying sketch were prepared from an on —the —ground survey made by me on January 31, 2002. There re visible or apparent intrusions, protrusions or casements except as shown hereon. Thi�noel J. Ker� o. 4158 Da� y was prepared without benefit of a schedule B or title binder ISBELL DENTON AIRPORT SHEET NO. ENGINEERING DENTON, TX GROUP, INC. Project CO2000 TODD COFFEE SCALE: i••=too' FEB. 1, 2002 17