HomeMy WebLinkAbout2001-116ORDINANCE NO o?DO
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AMENDMENT
TO THE COMMERCIAL AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND EZELL AVIATION, INCORPORATED WHICH WAS ADOPTED
PER ORDINANCE NO 97-132 TO ALLOW FOR THE AUTHORIZATION OF
COMMERCIAL, RETAIL, OR INDUSTRIAL BUSINESS UPON LEASED PREMISES
WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager is authorized to execute an amendment to the
commercial lease agreement between the City of Denton, Texas and Ezell Aviation Incorporated,
which was approved per Ordinance No 97-132 to allow for the authorization of commercial,
retail or industrial business upon leased premises without formal written confirmation of the city
council, under the terms and conditions contained within the amendment, which is attached
hereto and made a part hereof
SECTION 2 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the k h day of 2m(-7&
2001
&'&� 4
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
5 Our W[ummuWNLwumw118m11 MWry U. Amin .don
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN EZELL AVIATION,
INCORPORATED AND THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Ezell Aviation, Incorporated have indicated that certain provisions of the
May 6, 1997 Lease Agreement between itself and the City of Denton, Texas, Lessor, are causing
difficulty in securing a viable use of the leased premises, and
WHEREAS, Lessor desires to cooperate in the Lessee's interest in its lease premises at
the Denton Municipal Airport,
This Lease Amendment ("Amendment") is made and executed this 6' *, day of March,
2001, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation,
hereinafter referred to as "Lessor," and Ezell Aviation, Incorporated referred to as "Lessee " This
Amendment amends the Lease Agreement executed on May 6, 1997 (the "Agreement") between
Lessor and Lessee to the extent contained herem only, all other provisions of the Agreement not
specifically modified herem remain in full force and effect as originally written
The last paragraph of Article I D of the Agreement is hereby amended to read as follows
I. PREMISES AND USE
D. USE OF COMMERCIAL LAND PREMISES (TRACT "D")
Lessee, his tenants and sublessee shall not be authorized to conduct any services not
specifically listed in this agreement The use of the lease premises of Lessee, his tenants or sub
lessee shall be limited to only those private, commercial, retail or industrial activities having to do
with or related to airports and aviation No person, business or corporation may operate a
commercial, retail or industrial business upon the premises of Lessee or upon the Airport without
authorization from the Lessor in written form The City shall respond to the request for
authorization within sixty (60) days of written notification to Lessor's City Manager If
authorization is not received within the required sixty-day time period, authorization of the
activity will be considered granted This granting of authorization does not relieve the Lessee or
its sublessee, successor, or assign of compliance with terms or conditions in this agreement
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
as of the day and year first above written
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
CITY OF DENTON, TEXAS, LESSOR
BY
HCHAEL W JEZ, CITY MANAGER
EZELL AVIATION, INCORPORATED,
LESSEE
BY
L ON EZELL, P DENT
THE STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME the 1inde�d oity, a Notary Public inand for said State of Texas, on
this day personally appeared z known to me to be the person who signed and
executed the foregoing instrument, and acknowledged to
the purposes and consideration therein expressed
G!VEf UNDER MY HAND AND SEAL
,2001
,a"""'`kr ANN FORSYTHE
a Notary Publio, State of Taxes
My Canmualan 6xo1rss
e it MAY 0, NOR
THE STATE OF TEXAS
COUNTY OF S411L
me that this instrument was executed for
OF OFFICE this —�— day
My Commission Expires 1% _ ` m Z
of
This instrument was acknowledged before me on the -,2� day of
mc-p2C.L , 2001 by Nelson Ezell, in the capacity as noted in the foregoing instrument
(&RHONDAO CLARK
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 12-9 2001
4A 4L
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires —0