HomeMy WebLinkAbout2005-168S:\Our Documents\Ordinances\05\DAH Termination 2005.doc
ORDINANCE NO. 905- /6T/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED SEPTEMBER 7, 2004, BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON AIRPORT HANGARS, LLC.; 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 Denton Airport Hangars, LLC.
("DAH") have entered into that certain Airport Lease Agreement dated September 7, 2004 (the
"Lease Agreement") whereby the City leased to DAH for aviation purposes an approximate
220,000 square feet of land legally described in Exhibit `B" which is more particularly described
in the Lease Agreement which is incorporated herein by reference (the "Leased Property"); and
WHEREAS, pursuant to the Lease Agreement DAH has the duty and obligation to pay
rental in the amount of $3,116.67 per month for the Leased Property beginning on March 1, 2005
(the "Rent"); and
WHEREAS, DAH's obligation to pay the Rent is a material obligation of DAH under the
Lease Agreement; and
WHEREAS, on or about May 4, 2005 the City gave DAH notice that an unreasonable
period of time had elapsed without Rent being paid for the Leased Property, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference (the "May 4, 2005 Notice");
and
WHEREAS, despite the May 4, 2005 Notice DAH failed or refused to pay Rent for the
Property; and
WHEREAS, the May 4, 2005 Notice informs DAH that if the Rent is not paid in full
within 30 days of the Notice the City will terminate the Lease Agreement; and
WHEREAS, to date, which is over 30 days since the May 4, 2005 Notice was received by
DAH, DAH has failed to pay any of the Rent for the Leased Property; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY 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 DAH 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 DAH from the Leased Property or to determine
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.
l
PASSED AND APPROVED this theo?/✓ day of 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: f✓, w A a
APPRO ED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
Page 2
Exhibit A
DENTON MUNICIPAL AIRPORT, TERMINAL BUILDING, 5000 AIRPORT RD.
DENTON, TEXAS 76207 (940) 349.7736 — (940) 349.7744 —Fax (940) 349-7289
May 4, 2005
Alan Stricklin
Denton Airport Hangars, Inc.
3932 Bexhill Drive
Plano, TX 75025
Dear Mr. Stricklin:
Airport management has made several attempts to communicate with your regarding your
commercial lease agreement with the City of Denton. Airport management has sent you a letter
dated February 7, 2005 identifying our concerns regarding your ability to meet the requirements
of your lease agreement. This letter asked that you provide a project schedule to airport
management by February 28, 2005. To date, we have not received the requested project
schedule.
During a March 11, 2005 phone conversation, you indicated Denton Airport Hangars, Inc.
(DAH) would provide a written request to assign the DAH lease to a third party. Your office has
not returned subsequent phone calls by Airport Management on this issue. Furthermore, our
records indicate that DAH has not submitted payment in the amount of $3,116.67 per month
starting March 1, 2005 as required by Section IV.A.2 of your lease agreement. Our records
indicate DAH owes $6,233.34 to the Denton Airport for March and April 2005 rent.
With this understanding, you are in default of your lease agreement per the above -mentioned
section and are hereby given 30 days notice to cure. Failure to cure will result in airport
management formally declaring you in default and will require us to seek cancellation of your
lease agreement. Should you have any questions, please contact me at 940.349.7702 or our
Assistant City Attorney Herb Prouty at 940.349.8333.
Sincerely,
t
����elson, CM
Director, Airport and Transportation Operations
CC: Denton Airport Advisory Board
Herb Prouty, Assistant City Attorney
"Dedicated to Quality Service"
zoTumcit yofden ton.com
EXHIBIT B
Descri pticn
5.650 .Acres
All that
certain lot, !race or parcel of
land situoled
in the VIILLIA.M NEIL Survey, kbelract Number 970 in th,e City .,
Denton,
Denton County, Texas and being
par! of I
. Bieck 1 of Soulhecst Airport ;addition, on cdr,"itfan to the
City of
Denton, Denton County, Texas
according to
the plot thereof recorded in r:abinet C Page 295 of the Plat
Records
of Denton County, Texas; the
subject tract
being more particularly described as follows:
COMMENCING at the Northwest
Corner
of Said Addition at a found concrete monument;
THENCE
South
07
Degrees
32
Minutes
54
Seconds
West a
distance
of
915.70
feet to a
point for
corner;
THENCE
South
89
Degrees
39
Minutes
34
Seconds
East a
distance
of
226.27
feet to a
1/2—inch
iron rod fouf•,d;
THENCE
South
00
Degrees
15
Minutes
26
Seconds
West a
distance
of
235.10
feet to a
1/2—inch
copped ;ran roc.
found;
THENCE
South
89
Degrees
44
Minutes
34
Seconds
East a
distance
of
531_86
feet to a
1/2—inch
capped iron ror
set;
THENCE
South
01
Degrees
21
Minutes
19
Seconds
West a
distance
of
131-10
feet to a
1/2—inch:
capped iron rod
set;
THENCE
North
26
Degrees
22
Minutes
48
Seconds
West a
distance
of
1426.17
feet to a
1/2" capped iron :rod set
for the
POINT
OF
BEGINNING* of
the herein
described tract;
THENCE South 01 Degrees 21 Minutes 19 Seconds West o distance of 31,46 feet to a 1/2" copped iron rod set
for corner;
THENCE South 89 Decrees 40 Minutes 28 Seconds East a distance of 94.13 feet to a 1/2•' capped iron rod set
for corner;
THENCE
North
00
Degrees 26'
Minutes 27
Seconds
East a distance. of 5.85 feet to
a 1/2" capped
iron rod sot for
corner;
THENCE
North
89
Degrees 21
Minutes 23
Seconds
East a distance of 22.51 feet to a 1/2" capped
iron rod set Por
corner;
THENCE
North
89
Degrees 21
Minutes 23
Seconds
East a distance of 24.57 feet to a 1/2" capped
iron red set for
the northeast
corner
of the herein described
tract
and being West 30.00 feet from
the centerline of
SKYLINE DRIVE;
THENCE
South
00
Degrees 32
Minutes 15
Seconds
West parallel with the centerline
of SKYLINE DRIVE
a distance or
227.31
feet to
a
1/2" copped
iron rod set for the
southeast corner of the herein
described treci and
being North
25.00 feet from
the
centerline
of a gravel
surface
rood;
THENCE North 89
Degrees 57 Minutes 30
Seconds
West parallel with the said
centerline a distance of 721.42 feet -
to a 1/2" capped
iron red set for corner
at the
start of a curve to the left
having o radius nt 135.50 feet;
THENCE with said
curve to the left on are
length
of 110.76 feet and said curve
to the left a chord bearing of
North 67 Degrees
09 Minutes 43 Seconds
Viest, a
distonce of 107.70 feet to
a 1/2" copped iror: rod set fir
corner and being
North 65.00 from the centerline
of a TAXIWAY:
THENCE North 89 Degrees 41 Minutes 34 Seconds 'West para!iel wain the said centerline. a d;stance of 209 E.2 f�ek:
to ❑ 1/2" copped iron rod Set for the southwest corner of 'lie Herein described trod:
THENCE North 00 Degrees 21 Minutes 21 Seconds East. a distance of 213.34 feet to o 1/2ccppei ir•.>n rod s
for the northwest earner of the here;n described trod end being South 5f;.:j0 feet frnri the canterflne of a
THENCE South 89 Degrees 39 Mlnufes 2.9 Seconds E.nst parallel wit.'. the .r.ir. nenterline. ,q distonce rf 890.ici feat
to !he POINT OF BEGINNING and rnlarning n,. �:5. "1"746127 .n Lora =. p' O7 land, morn ar I?SF.