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ORDINANCE NO DOO' 9
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN NEBRIG & ASSOCIATES,
NEBRIq PROPERTIES, L P , AND THE CITY OF DENTON WHICH ASSIGNS AN
AIRPORT LEASE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager is authorized to execute an Assignment and Assumption
Agreement between Nebng & Associates ("Assignor"), NEIBRIG PROPERTIES, L P , a Texas
limited partnership ("Assignee"), and the City of Denton ("Landlord"), which is attached hereto
and made a part hereof
SECTION 2 This ordinance will authorize the Assignor to assign, transfer, set over, and
deliver to Assignee all of Assignor's right, title and interest in and to the Lease dated September
23, 1996, as amended by a First Amendment dated February 18, 1997 and a Second Amendment
dated October 5, 1999, wherein Assignor agreed to lease certain real property from Landlord at
the Denton Municipal Airport
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 0 day of Ligff 2 2000
ABC_
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By nx
APPROVED AS TO LEGAL Fi
HERBERT LJTY, CITY
M
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT is dated the
of
2000 by and between Nebng & Associates ("Assignor"), NEBRIG
PROPERTIES, L P , a Texas limited partnership ("Assignee'), and the City of Denton
("Landlord")
Recitals of Fact
A Assignor and Landlord entered into that certain Airport Lease Agreement dated
September 23, 1996, as amended by a First Amendment dated February 18, 1997 and a Second
Amendment dated October 5, 1999 (the "Lease'), wherein Assignor agreed to lease certain real
property from Landlord at the Denton Municipal Airport, as more particularly described in the
Lease
B Assignor desires to assign, transfer, set over, and deliver to Assignee all of
Assignor's right, title, and interest in and to the Lease
Lease C Assignee desires to assume all of Assignor's right, title, and interest in and to the
D Landlord desires to acknowledge, agree to, and consent to the assignment of the
Lease to Assignee
Agreement
In consideration of the foregoing and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows
t Assignment Assignor assigns, transfers, sets over and delivers unto Assignee all
of Assignor's right, title, and interest in and to the Lease
2 Acceptance Assignee accepts the foregoing assignment of the Lease and
assumes all duties and obligations of Assignor under the Lease
3 Consent Landlord acknowledges, agrees to, and consents to Assignor's
assignment of the Lease to Assignee
4 Assignor's Continuing Obligation This Assignment shall not act to release
Assignor from Its obligations under the Lease
5 Miscellaneous This Assignment and Assumption Agreement shall be (a) binding
upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and
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their respective heirs, legal representatives, successors and assigns, and (b) construed in
accordance with the laws of the State of Texas
IN WITNESS WHEREOF, this Assignment and Assumption Agreement has been signed
and delivered by the parties as of the date first above written
ASSIGNOR
NEBRIG & ASSOCIATES
M
David Michael Nebrig
President
ASSIGNEE
NEBRIG PROPERTIES, L P
BY DREWCY, INC
its GenerAtparh
m
David Michael Nebrig
President
LANDLORD '
CITY F DENTON, TEXAS
By f
Michael Jez
Cl
M ager
APPROVED AS TO LEGAL FORM
Herbert L Prouty, City Attorney
By
Edwin M
First Assi
C\WMWWWEMMOMS Aft" Lau Mjp wLac
City Attorney
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