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Home My WebLink About2007-165s:\our documents\ordinances\07\airport lease 2nd amendment - bam denton management ventures.doc ORDINANCE NO. 2,OD7-16.S AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A SECOND AMENDMENT TO A FIXED BASE OPERATOR AIRPORT LEASE AGREEMENT APPROVED BY ORDINANCE 2004-380 DATED DECEMBER 7, 2004, BETWEEN THE CITY OF DENTON, TEXAS AND BAM DENTON MANAGEMENT VENTURES, L.L.C. ON APPROXIMATELY 1.947 ACRES OF LAND AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Second Amendment to a Fixed Based Operator Airport Lease Agreement between the City of Denton and BAM Denton Management Ventures, L.L.C. on approximately 1.947 acres of land at the Denton Municipal Airport, in substantially the form of the Second Amendment to the Airport Lease Agreement 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 %� day of , 2007. &n�� R. m"� PERRY,5WMcNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: mAA APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: �,. sAour documentslcona=ts\07%= 2nd amendment 07.doe SECOND AMENDMENT TO THE AIRPORT LEASE AGREEMENT FIXED BASED OPERATOR WITH BAM DENTON MANAGEMENT VENTURES STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Second Amendment is made executed to be effective as of the 79 day of , 2007 to that certain Airport Lease Agreement Fixed Base Operator between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor" and BAM Denton Management Ventures, LLC, a Texas limited liability company, hereinafter referred to as "Lessee" which was executed to be effective as of the 150' day of December, 2004, hereinafter referred to as "Base Lease". WITNESSETH: WHEREAS, the Lessor and Lessee wish to amend the Base Lease to add approximately 1.947 acres to the Base Lease and make certain other changes to the Base Lease; NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree to amend the Base Lease as follows: SECTION 1. Section II. A., D., F. "Leased Premises and Section IV. A. "Payments, Rentals and Fees" are hereby amended so as to add the following thereto: II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, and subject to the conditions contained herein, does hereby demise and lease unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article III, the following described land situated in the City of Denton, Denton County, Texas: A. LAND. A tract of land, being approximately 84,811 square feet drawn and outlined and legally described on Exhibit "A" as such attachment being incorporated herein by reference (the "Leased Premises"). Together with the right of ingress and egress to the Leased Premises; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this Agreement, the term "Leased Premises" shall include leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor A legal description of expanded lease area is attached to this Lease Agreement as Exhibit `B". S:\Our Documents\Contmcts\070AM 2nd Amendment 07.doc D. IMPROVEMENTS PROVIDED BY LESSEE. 3. Construction of Parcel B Improvements. On Parcel B, Lessee shall construct a commercial hangar/office facility of not less than 10,000 square feet with a minimum door height of 28 feet and a minimum door width of 90 feet, minimum aircraft staging apron of 9,000 square feet and appropriate taxiway access to Taxiway H ("Parcel B Improvements"). Construction of Parcel B improvements shall be commenced no later than 365 days after the Effective Date of this Agreement and completed no later than 720 days after the Effective Date (the "Construction Period"). Construction of Parcel B Improvements are considered complete upon the issuance of a certificate of occupancy for the entire hangar/office facility. F. ACCESS TO UTILITIES. Lessor represents that there are water, sewer, natural gas and electricity lines situated upon the Airport. Lessee shall be responsible for extending said lines to the Leased Premises at Lessee's sole expense. IV. PAYMENTS, RENTALS AND FEES A. LAND RENTAL. Land rental shall be due and payable to Lessor in the sum of $0.17 per square foot or $14,417.87 per year. Rental shall be due and payable to Lessor in twelve (12) equal monthly installments in the sum of $1,201.49 per month (1,201.49) in advance, on or before the 1:t day of each and every month during the term of this Lease Agreement. Lessee has the option to pay annual rentals and fees in whole on or before the I" day of October, at the beginning of the City's fiscal year, each and every year of this Lease Agreement, Notwithstanding the foregoing, the annual rental will be reduced by the current lease rate per square foot, as adjusted by the CPI-U referenced in Section IV.C, times the number of square feet comprising all easements established in accordance with Section II.E.. SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Base Lease shall remain in full force and effect and shall fully apply to the additional property and improvements and expanded Leased Premises resulting from this Second Amendment of the Base Lease. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the effective date first above written. CITY OF DENTON, TEXAS, LESSOR B GEOR C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:14ihiA4PA, lJ ]1[X 'AA) U Page 2 of 4 S:\Our Documents\Contracts\07\BAM 2nd Amendment 07.doe APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: BAM DENTON MANAGEMENT VENTURES, LLC, a Texas limited liability company BY: DAMON WARD, PRESIDENT Page 3 of 4 SA0ar Dowments\Contracts\07\BAM 2nd Amendmtnt 07.dac ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � umday of 2007, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of sajO municipality. `wro�°c JANE E. RICHARDSO "' � NotaN Public, State of Texas ' My Commissi �eE09Pires THE STATE OF TEXAS § COUNTY OF DENTON Qi&L6Z6&,t&17L,) NOTARY PUBLIC, STATE OF TEXAS This instrument was acknowledged before me on the' day of j, 2007 by Damon Ward, President, BAM Denton Management Ventures, LLC, a TexJ limited liability company, on behalf of said company. M. C. MCMANNON ��Y LIC, S�OF TEXASLIC, S�OF TEXAS My Comminion IWm .tuns te, tot t (9 — Page 4 of 4 AIRPORT ROADASPHAT E WATER V&VE %CCAI,RIC BEGINNING FOUND ur IRON PIN S 89'25'21" E 191.23' SEl try IR(NI PIN fdTG_ FENCE MANHOLE NEIL SURVEY W. ABSTRACT N0. gip 01.947 ACRES CITY OF DENTON O VOLUME 305, PAGE 216 DEED RECORDS, DENTON COUNTY, TEXAS LJ N O N d- O O � p O O CD z O N I i:p W PIN FOUND t2' IRON PIN N 89'56'21 " W 210.00' IRON PIN 3 Q p CITY OF DENTON < b VOLUME 305. PAGE 216 DEED 0 O RECORDS, DENTON COUNTY, TEXAS N 89'56'21" W 409.47' ASPHALT l LOT 1, BLACK 1 SOUTHEAST AIRPORT ADDITION CABINET G. PAGE 295 PUT RECORDS, DENTON COUNTY, TEXAS Exhibit A Y OF DEMON E 305. PACE 216 :ED RECORDS. N COUNTY, TEXAS 4IXIND IPUN PW 3527' 315107 ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE W. NEIL SURVEY ABSTRACT NUMBER 970. CITY OF DENTON. DENTON COUNTY. TEXAS, AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON. RECORDED IN VOLUME 305. PAGE 216. DEED RECORDS. DENTON COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1. SOUTHEAST AIRPORT ADDITION, AN ADDITION TO THE CITY OF DENTON. DENTON COUNTY. TEXAS. ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET G. PAGE 295. PLAT RECORDS. DENTON COUNTY. TEXAS: THENCE NORTH 89 DEGREES 56 MINUTES 21 SECONDS WEST WTH THE NORTH LINE OF SAID LOT I. A DISTANCE OF 409.47 FEET 70 A FOUND la INCH IRON PIN. THENCE NORTH 00 DEGREES 04 MINUTES 02 SECONDS WEST. A DISTANCE OF 161. DO FEET TO A 121NCH IRON PIN FOUND AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT, THENCE NORTH 00 DEGREES 04 MINUTES 02 SECONDS WEST, A DISTANCE OF 405.23 FEET TO A SET 121NCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED 'METROPLEX 1849': THENCE SOUTH 89 DEGREES 25 MINUTES 21 SECONDS EAST. A DISTANCE OF 191.23 FEET TO A FENCE CORNER POST: THENCE SOUTH 29 DEGREES 49 MINUTES 24 SECONDS EAST. A DISTANCE OF 1246 FEET TO A FENCE CORNER POST: THENCE NORTH 30 DEGREES 43 MINUTES 50 SECONDS EAST. A DISTANCE OF 12,34 FEET TO A FENCE CORNER POST. THENCE SOUTH 89 DEGREES 43 MINUTES 41 SECONDS EAST. A DISTANCE OF 6 28 FEET TO A SET 121NCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED 'METROPLEX 1849'; THENCE SOUTH 00 DEGREES 04 MINUTES 02 SECONDS EAST. A DISTANCE OF 403,30 FEET TO A FOUND I2 INCH IRON PIN: THENCE NORTH B9 DEGREES 56 MINUTES 21 SECONDS WEST WITH THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT. A DISTANCE OF 210,00 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 1.947 ACRES OF LAND: NOTES: DME. DENTON MUNICIPAL ELECTRIC THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE COMMITMENT. THERE MAY BE SETBACKS OR EASEMENTS AFFECTING THE SUBJECT PROPERTY NOT SHOWN HEREON BEARINGS BASED ON GPS OBSERVATIONS DATED MARCH 23. 2005. BY GRAPHIC PLOTTING ONLY. THIS PROPERTY IS WITHIN ZONE'X", AREAS DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YEAR OR SOO YEAR FLOODPLMN AS SHOWN BY FIRM MAP COMMUNITY -PANEL NUMBER 48121 C0355 F. DATED MARCH 30. 1998. NO SURVEYING WAS PERFORMED TO DETERMINE THIS FLOOD ZONE. SURVEYORS CERTIFICATE I. BRAD G. SHELTON. 00 HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE GROUND THIS 5M DAY OF MARCH, 2007 OF THE PROPERTY DESCRIBED HEREON AND THERE ARE NO (VISIBLE) ENCROACHMENTS, PROTRUSIONS. OR OVERLAPPING OF IMPRO S, EXCE T SHOWN HEREON. D G.S 0 F REGISTERED PROFESSIONAL LAND SURVEYOR *( STATE OF TEXAS NO. 5452 y po14j°n�'iP Exhibit B ex 11.947 ACRES OUT OF THEW. NEIL SURVEY, I BHRer .. ...... _.. nP