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HomeMy WebLinkAbout2004-379FILE REFERENCE FORM 2004-379 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other care uuuaiN Correction and Clarification of Leasehold Interest in Airport Lease — Effective retroactively 12/07/04 1 04/06/05 JR S:\Our Documents\0rdinances\04\Da1ton Airport Lease Assignment.doc ORDINANCE NO.. AN ORDINANCE APPROVING AN ASSIGNMENT OF LEASEHOLD INTEREST IN AN AIRPORT LEASE FROM DALTON FAMILY PARTNERSHIP, LTD TO AERO PROPERTIES OF DENTON, LLC; 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 an Assignment of Leasehold Interest in Airport Lease from Dalton Family Partnership, Ltd. toe Aero Properties of Denton, 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 Assignrent. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 01/4 day of 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 04,%%,Q. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY M ASSIGNMENT OF LEASEHOLD INTEREST IN AIRPORT LEASE This Assignment of Leasehold Interest in Airport Lease (the "Assignment') is made and entered into as of the Effective Date (as defined below) set forth below by and between Dalton Family Partnership, Ltd., a Texas limited partnership (the "Assignor"), and Aero Properties of Denton, LLC, a Texas limited liability corporation ("Assignee"). WHEREAS, George Dalton, Nathan Graves, and Mike McClendon are the owners of Assignee; and WHEREAS, Ezell Aviation, Incorporated ("Ezell") and Lessor have entered into that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97- 132 as amended by that certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved by Ordinance No. 98-431 and further amended by that Certain Second Amendment (the "Second Amendment") to Airport Lease Agreement dated effective June 1, 2003, approved by Ordinance No. 2003-230 (collectively called the "Airport Lease"); and WHEREAS, pursuant to that certain Partial Assignment of Airport Lease dated effective December 16, 2003 (the "Ezell Partial Assignment"), Ezell assigned to Assignor that portion of the Airport Lease pertaining to the Fixed Base Operator Premises, being Tract A in the Airport Lease ("Tract A"); and WHEREAS, Assignor desires to assign to Assignee all right, title and interest that it has in the Ezell Partial Assignment and the leasehold for Tract "A"; and WHEREAS, the City of Denton, Texas (the "Lessor") has executed this Assignment to evidence its consent to the Assignment, which is hereby given subject to the terms and conditions of this Assignment; NOW, THEREFORE, in consideration of the mutual covenants, the parties agree as follows: 1. Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and interest in and to that portion of the Airport Lease pertaining to Tract A only, including the Ezell Partial Assignment. 2. Assignee assumes all of Assignor's rights, duties and responsibilities under the Airport Lease pertaining to Tract A and the Ezell Partial Assignment. However, Assignor remains liable under the Airport Lease as to Tract A and the Ezell Partial Assignment, should Assignee default. Signed to be effective as of the 7`h day of December, 2004 (the "Effective Date"). DALTON FAMILY PARTNERSHIP, LTD., A Texas limited partnership By: DALTON FAMILY ENTERPRISES, INC., a Texas c "ration By: eorge Dalton, Sr., President AERO PROPERTIES OF DENTON, LLC A Texas limited liability corporation BY- V i Geor alton, Sr., President CITY OF DENTON, TEXAS BY: Michael A. Conduff / City Manager C ATTEST: JENNIFER WALTER, �SS, CITY SECRETARY BY: C�(iYLCGt/LtJ B%Z, C� APPROVED AS TO F RM: HERBERT BY: ACKNOWLEDGMENTS Page 2 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the A3 day of Oy emb4- , 2004 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas limited partnership. Name: Notary Public, State of Texas My commission expires -17 _ 04e "P a JULIECHAPMAN / \ STATE OF TEXAS } i*t}*1 NOTARY PUBLIC State of Texas } j(comm. Exp. 08.27-2008 COUNTY OF DENTON This instrument was acknowledged before me on the 7,3 day of WtM be , 2004 by George Dalton, Sr., President of Aero Properties of Denton, LLC a Texas limited liability corporation, on behalf of said corporation. Name: STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas My commission expires -2i-C)9" JULIECHAPMAN r. c+ t NOTARY PUBLIC .1,01 State of Texas Comm. Exp. 08-27-2008 This instrument was acknowledged before me 2003 by Michael A. Conduff, City Manager of the C municipal corporation, on behalf of said municipal c�] k— day of�, )enton.ffexas. a Home Rule Name: i Notary Public, State of Texas,/ ^ My commission expires cJ/ `0 ••°�'+Y�;, ANN FORSYTHE MY GOMMISSION EXPIRES •' �PY,•,� t May 9, W06 Page 3 CORRECTION AND CLARIFICATION OF LEASEHOLD INTEREST IN AIRPORT LEASE WHEREAS, pursuant to an Assignment (the "Assignment') dated . effective December 7, 2004 Dalton Family Partnership, Ltd., a Texas limited partnership (the "Assignor") assigned to Aero Properties of Denton, LLC, a Texas limited liability corporation ("Assignee"), the Tract A portion of that certain Airport Lease Agreement described as follows: Airport Lease Agreement dated May 6, 1997 between Ezell Aviation, Incorporated ("Ezell') and the City of Denton ("City") approved by Ordinance No. 97-132 as amended by that certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved by Ordinance No. 98-431 and further amended by that Certain Second Amendment (the "Second Amendment') to Airport Lease Agreement dated effective June 1, 2003, approved by Ordinance No. 2003-230 (collectively called the "Airport Lease"); and WHEREAS, the parties desire to correct the name of the Assignee as the Assignment incorrectly stated that Assignee is a limited liability corporation when in fact it is a limited partnership; and WHEREAS, the parties also desire to clarify that Tract A under the Airport Lease is described in Exhibit "A" attached hereto and made a part hereof by reference; NOW, THEREFORE, in consideration of the mutual covenants, the parties agree as follows: 1. The correct name of the Assignee is Aero Properties of Denton, Ltd, a Texas limited partnership. 2. Tract A is described in Exhibit A and is made a part of the Airport Lease. Signed to be effective retroactively as of the 7th day of December, 2004 which is the Effective Date of the Assignment. DALTON FAMILY PARTNERSHIP, LTD., A Texas limited partnership By: DALTON FAMILY ENTERPRISES, INC., a Texas co oration By: orge Dalton, Sr., President AERO PROPERTIES OF DENTON, Ltd. A Texas limited partnership BY George5 General Partner CITY OF DENTON, IMM Acting ATTEST: JENN WTRCY SECRETARY �// APPROVED AS TO FORM: HERBERT UTY BY: Jon Fortune, Page 2 ACKNOWLEDGMENTS COUNTY OF DENTON This instrument was acknowledged before me on the (�' day of 2005 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas limited partnership. NANCY C.JACOBSON Notary Public, State of Texas My Commission Expires "eo B-29-2006 STATE OF TEXAS COUNTY OF DENTON Cal C, at� Name: Ala. � C, .7 'o bsor Notary Pub ic, State of Texas My commission expires o'-a9-a006 This instrument was acknowledged before me on the 0 day of Apt=c 2005 by George Dalton, Sr., General Partner of Aero Properties of Denton, Ltd., a Texas limited partnership, on behalf of said partnership. NANCY C. JACOBSON Name: `-�, C, uo bson Notary Public, State of Texas Notary Public, State of Texas My Commission Expires a B-29.2008 My commission expires g' a9 "boob STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the /4� day of ao600X , 2005 by latm&xAx0a , City Manager of the City of Denton, Texas, 4 Home Rule municipal corporation, on behalf of said municipal corporation. *Jon Fortune rm °�' 2• LINDA HOLLEY Notary Public * State of Texas or y My Comm. Exp. 12-08.2005 Notary Public, State of Texas My commission expires 11--0,i,a4 6x Page 3 Exhibit A TRACT A .'6. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 74.94 ACRE TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME 304, PAGE 503, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: — COMMENCING AT A PK NAIL SET IN ASPHALT AT THE SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT; THENCE NORTH 02 DEGREES 32 MINUTES 44 SECONDS WEST WITH THE EAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 1000.00 FEET TO A 1/2 INCH IRON PIN FOUND AT AN ANGLE POINT IN THE EAST LINE OF SAID CITY OF DENTON TRACT; THENCE SOUTH 70 DEGREES 58 MINUTES 27 SECONDS WEST, A DISTANCE OF 178.85 FEET TO A 518 INCH IRON PIN FOUND; THENCE SOUTH 76 DEGREES 32 MINUTES 40 SECONDS WEST, A DISTANCE OF 530.00 FEET TO A 112 INCH IRON PIN FOUND; THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A DISTANCE OF 128.00 FEET TO.A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A DISTANCE OF 531.94 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 95.19 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A DISTANCE OF 240.00 FEET TO A "X" SET IN CONCRETE; THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 59.33 FEET TO A "X" SET IN CONCRETE; THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A DISTANCE OF 292.00 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 76 DEGREES 32 MINUTES 19 SECONDS WEST, A DISTANCE 9F 154.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING IN ALL 1.560 ACRES OF LAND. 11111111111111111111 Recorded On: March 24, 2005 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2005-33917 As Assignment Parties: DALTON FAMILY PARTNERSHIP LTD Billable Pages: 4 To Number of Pages: 4 Comment: Assignment 20.00 Total Recording: 20.00 ** Examined and Charged as Follows: ** ************ THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2005-33917 Receipt Number: 180497 ED SNYDER DEPUTY CITY ATTORNEY Recorded Date/Time: March 24, 2005 12:23P 215 E MCKINNEY DENTON TX 76201 User / Station: B Smithers - Cash Station 3 THE STATE OF TEXAS) COUNTY OF DENTON } I hereby certify that this Instrument was FILED In the File Number sequence on the datettime printed heron, and was duly RECORDED In the Official Records o1 Denton County, Texas. LL County Clerk Denton County, Texas AFTER RECORDING, PLEASE RETURN FILE STAMPED ORIGINAL n: Ed Snyder, Deputy City Attorney 215 E. MtK nney Denton, Texas 76201 ASSIGNMENT OF LEASEHOLD INTEREST IN AIRPORT LEASE This Assignment of Leasehold Interest in Airport Lease (the "Assignment') is made and entered into as of the Effective Date (as defined below) set forth below by and between Dalton Family Partnership, Ltd., a Texas limited partnership (the "Assignor"), and Aero Properties of Denton, LLC, a Texas limited liability corporation ("Assignee"). WHEREAS, George Dalton, Nathan Graves, and Mike McClendon are the owners of Assignee; and WHEREAS, Ezell Aviation, Incorporated ("Ezell") and Lessor have entered into that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97- 132 as amended by that certain First Amendment to Airport Lease Agreement dated December 8, 1998, approved by Ordinance No. 98-431 and further amended by that Certain Second Amendment (the "Second Amendment") to Airport Lease Agreement dated effective June 1, 2003, approved by Ordinance No. 2003-230 (collectively called the "Airport Lease"); and WHEREAS, pursuant to that certain Partial Assignment of Airport Lease dated effective December 16, 2003 (the "Ezell Partial Assignment"), Ezell assigned to Assignor that portion of the Airport Lease pertaining to the Fixed Base Operator Premises, being Tract A in the Airport Lease ("Tract A"); and WHEREAS, Assignor desires to assign to Assignee all right, title and interest that it has in the Ezell Partial Assignment and the leasehold for Tract "A"; and WHEREAS, the City of Denton, Texas (the "Lessor") has executed this Assignment to evidence its consent to the Assignment, which is hereby given subject to the terms and conditions of this Assignment; NOW, THEREFORE, in consideration of the mutual covenants, the parties agree as follows: 1. Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and interest in and to that portion of the Airport Lease pertaining to Tract A only, including the Ezell Partial Assignment. 2. Assignee assumes all of Assignor's rights, duties and responsibilities under the Airport Lease pertaining to Tract A and the Ezell Partial Assignment. However, Assignor remains liable under the Airport Lease as to Tract A and the Ezell Partial Assignment, should Assignee default. Signed to be effective as of the 7u' day of December, 2004 (the "Effective Date"). DALTON FAMILY PARTNERSHIP, LTD., A Texas limited partnership By: DALTON FAMILY ENTERPRISES, INC., a Texas c ration By: eorge Dalton, Sr., President AERO PROPERTIES OF DENTON, LLC A Texas limited liability corporation BY• Georg6balton, Sr., President CITY OF DENTON, TEXAS Michael A. C4 City Manager ATTEST: JENNIFFERRWALTERS, CITY SECRETARY BY: CAKiiLwda%, Lf- APPROVED AS TO F M: HERBERT BY: ACKNOWLEDGMENTS Page 2 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the A day of OYeyV1bt4- , 2004 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas limited partnership. Name: Notary Public, State of Texas My commission expires q-17-D� JULIECHAPMAN STATE OF TEXAS } l to t*: NOTARY PUBLIC } '9 „ %"' State of Texas COUNTY OF DENTON }� Comm. Exp. 08-27-2008 This instrument was acknowledged before me on the �3 day of 1411f^ ► C , 2004 by George Dalton, Sr., President of Aero Properties of Denton, LLC a Texas limited liability corporation, on behalf of said corporation. Name: Notary Public, State of Texas My commission expires JULIEMAN STATE OF TEXAS } `y1� jam' state of Texas %Comm. Exp. 08-27-2008 COUNTY OF DENTON } This instrument was acknowledged before me the day of��, 2003 by Michael A. Conduff, City Manager of the C ty of Denton, exas, a He Rule municipal corporation, on behalf of said municipal c rp ration. Name: i J Notary Public, State of Texas, My commission expires 'J, dF^ P nF; ANN FORSYRiE +i ^ MY COMMISSION EXPIRES -;lfV}ly3` May 9,2006 Page 3