HomeMy WebLinkAbout2005-348- I S:\Our Documents\Ordinances\05Varog termination.doc
ORDINANCE NO. Z
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED NOVEMBER 2, 2004, BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND TERENCE JAROG; AUTHORIZING THE CITY ATTORNEY OR
HIS DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF NECESSARY, TO
EFFECTUATE THE TERMINATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Terence Jarog (the "Lessee")
entered into that certain Airport Lease Agreement dated November 2, 2004 (the "Lease
Agreement"); and whereby the City leased to the Lessee for aviation purposes an approximate
2,790 square feet of land which are more particularly described in the Lease Agreement by
reference (the "Leased Property"); and
WHEREAS, pursuant to the Lease Agreement, the Lessee has the duty and obligation to
pay rental in the amount of $27.90 per month for the Leased Property beginning on December 1,
2004 (the "Rent"); and
WHEREAS, the Lessee's obligation to pay the rent is a material obligation of the Lessee
under the Lease Agreement; and
WHEREAS, no payment of the rent has been made to date; and
WHEREAS, on September 6, 2005, the Lessee was given written notice that he was in
default under the Lease Agreement for non payment of rent and other breaches of the Lease,
given 30 days to correct the condition of default or the Lease would be terminated which is
attached hereto as Exhibit "A" and incorporated herein by reference and Lessee has failed to
correct the default within this period; 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 City Council hereby terminates the Lease Agreement due to
nonperformance of a material obligation of Mr. Jarog under the Lease Agreement. Should legal
action be required to effectuate the termination of the Lease Agreement and/or if it should
become necessary to file legal action to remove Mr. Jarog from the Leased Property or to
determine and enforce the rights and obligations of the parties under the Lease Agreement, the
City Attorney, or his designee is hereby authorized to file such legal actions or lawsuits on behalf
of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
SAOur Documents`.0rdinanccs\05Varog termination.doc
PASSED AND APPROVED this the 154 day of %/Vf/%kj(� 2005.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY
EULINE BROCK, MAYOR
Page 2
EXHIBIT A
City
of
1E
DENTON MUNICIPAL AIRPORT, TERMINAL BUILDING, 5000 AIRPORT RD.
DENTON TEXAS 76207 (940) 349.7736 — (940) 349.7744 — Fax (940) 349.7289
September 6, 2005
Terence Jarog
PO Box 3063
Denton, TX 76202
VIA CERTIFIED MAIL: 7004 2890 0003 5971 1187
Dear Mr. Jarog
I wanted to take the opportunity to follow up with you concerning your lease agreement
with the City of Denton dated November 2, 2004. As you know, the agreement requires
monthly payments in the amount of $27.90 to begin December 1, 2004 and a building
permit to be issued 270 days after the execution date of the lease agreement.
Airport staff has contacted Building Inspections, Engineering and other development
related departments within the city and none of these departments are familiar with your
project. Furthermore, we have not received payment on your account per the terms of
your lease agreement. These items constitute a material breach of your lease agreement.
As such, airport management is providing you written notice to correct the conditions
identified above in 30 days, namely, the issuance of a building permit and the payment of
$279.00 for the 10 months of past due payments. Failure to correct the identified
conditions within 30 days will result in the termination of your lease agreement by a
separate written notice. The City of Denton may elect to undertake legal action to collect
any delinquent rental or other damages to the City resulting from your default under the
terms of your lease agreement.
Sincerely, i
VI 1 4
Mar Nelson, CM
Director, Airport and Transportation Operations
CC: Denton Airport Advisory Board
Ed Snyder, City Attorney
"Dedicated to Quality Service"
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