1998-431 ORDINANCE NO ¥¢/
AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO AIRPORT LEASE
AGREEMENT COMMERCIAL/FBO BETWEEN THE CITY OF DENTON AND EZELL
AVIATION, INC, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, certmn real property upon the Denton Mum¢lpal Airport was leased to Ezell
Aviation, Inc, a Texas Corporation, by an Airport Lease Agreement Commerclal/FBO effective
May 1, 1997
WHEREAS, the City of Denton and the lessee desire to amend the lease agreement, and
WHEREAS, the Airport Advisory Board for the City of Denton has recommended
approval of the First Amendment, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the attached First Amendment to Airport Lease Agreement
Commerclal/FBO between the City of Denton and Ezell Aviation, Inc is approved
~ That the City Manager is authorized to execute the attached lease
amendment on behalf of the City and the City Secretary is directed to affix this ordinance with
the executed lease amendment to the garport Lease Agreement Commerclal/FBO effective May
l, 1997, inscribing on the original agreement the fact it has been amended and the effective date
of the amendment
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED thls the. ~~-~/ dayof ~.~~ ,1998
JA~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
B~PRO~EDT~ Og~L~L ~ ~f~
HERBERT L PROUTY, CITY ATTORNEY
FIRST AMENDMENT TO AIRPORT LEASE AGREEMENT
COMMERCIAL/FBO
STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, th~s F~rst Amendment To Atrport Lease Agreement Commere~al/FBO
("Amendment") ~s entered rote by and between the C~ty of Denton ("Lessor") and
Ezell Awatxon, Inc ("Lessee"), and
WHEREAS, on or about May 1, 1997, an A~rport Lease Agreement Commereml/FBO
("A~rport Lease") was effective by and between the C~ty of Denton and Ezell
Awat~on, Ine, and
WHEREAS, Lessee and Lessor das~re to amend the A~rport Lease m order to evidence
eertmn addmonal agreements between Lessor and Lessee, and
WHEREAS, as partial eonstderatton for the Amendment, Lessee has constructed a pubhc
ramp on property xmmedmtely ad3aeent to the Premises and desires to release
Lessor from any and all elmms, eausas of action, and stats m eqmty arising out of
or m any way related to the construction of the pubh¢ ramp and/or arising out of
or m any way related to the A~rport Lease through the date of th~s Amendment,
NOW, THEREFORE, tn eons~deraUon of the mutual promises and agreements contatned
m thxs Amendment, including the recitals set forth above, the parties agree as
follows
1 All of Article II, Section B of the A~rport Lease relating to the Improvement
Reqmrements ~s hereby and herewith amended to read as follows
B. Imnrovement Reaulrements
1 In makmg any improvements on the Prermsas, Lessee shall comply with the followxng
a All reqmrements of the Lassor's Land Development Code, other than platting
reqmremants, including but not hmlted to Lessor's Braiding, F~re, Electrical, and
Plumbing Codes, and other Codes and ordinances apphcable to the unprovements to be
made, mcludmg tho payment of any fees estabhshed by ordinance
b Prmr t~ commencing development, Lessee shall obtain the C~ty Councd's
determmaUon that the lmprovemants conform to and are compatible w~th the overall
Amendment to A~rport Lease Agreement CommercmlffBO Page 1 of 5
size, shape, color, quality, design, appearance, and general plan of the program
established by the Leesor's Master Plan for the Airport
c Any rules or regulations of any and all Federal or State agency having ~lurlsdlctlon
thereof
d Construction of drainage improvements, as required by City's subdivision rules and
regulations, located at boundary between FBO Tracts "B" and "C" to be completed
prior to any development pursuant to Section II (B) (1) (f) listed herein below
e The remodeling of approximately 7,000 square feet of the existing FBO facility to be
completed June 1, 1999
f ConsWactlon of new structure(s) totaling of approximately 12,000 or more square feet
to be completed by June 1, 2003
2 The Lessor agrees to pay ten (10) percent of construction costs of the drainage
improvements which are described in paragraph II (B) (1) (d) above These costs will not
be eligible for payment until they have been reviewed and found to be accurate and
reasonable by the City of Denton Engineering Department Such costs will not be paid
until completion of improvements hst~d in 4, 5, and 6 above The ten (10) percent credit
will be refunded in twelve monthly increments by reduction of the monthly land lease
payments to begin the first month after completion of 4, 5, and 6 above
3 Lessee shall mmntam the pubhc ramp located west of Tracts A and C and between Taxlway
A, for a period of three (3) years following the execution of this Amendment Lessee, at
Lessee's sole costs and expense during said three (3) year period, shall keep the said public
ramp m good, clean condmon, and shall make all needed repairs If any reparrs reqmred to be
made by Lessor hereunder are not made within thirty (30) days after wrlt'~an notice delivered to
Lessee by Lessor, Lessor may at its option make such repmrs without liability to Lessee for any
loss or damage of any and every kind by reason of such repan's, and Lessee shall pay to Lessor
on demand as additional rental under this Airport Lease the cost of the repairs together with
interest at the maximum legal rate m effect va the State of Texas from the date of payment by
Lessor until repvad by Lessee
4 Artacle III, Section C of the Airport Lease is hereby and herewith added and reads as
follows
C Credits Lessor shall credit Lessee a total of $12,545 40 over a five (5) year period from
this lease at a rate of $209 09 per month ($2,509 08 per year) for the construction of the a new
public access aircraft ramp located west of Tracts A and C and between Taxlway A and the release
o~1 claims related thereto Said monthly credit amount shall begin as of
t ~ 199~
5 All of Article XIV of the Airport Lease ~s hereby and herewith amended to read as
follows
XIV COVENANTS BY LESSEE
Lessee hereby agrees as follows
A To indemnify and hold harmless the Lessor from and against all loss and damages,
including death, personal injury, loss of property or other damages, arising or resulting from
the operation of Lessee's busmass in and upon the leased premises
Amendment to Airport Lease Agreement Commerclal/FBO Page 2 of 5
B As the administrator of an aviation fuel dispensing operation, Lessee shall indemnify
and hold harmless the Lessor, Lessor's successors, assigns, servants, agents, employees, of
and from any and all claims, demands, actions, causes of action or suits in equity of any and
every kind or character, arising out of or in any way related to fuel releases that occur on the
Premises, airport property, City of Denton Property, and/or the property adjacent thereto If
such a release occurs, Lessee shall be responsible for mitigation and remedlation efforts as
required by the Texas Natural Resource Conservation Commission, the U S Environmental
Protection Agency, and/or any and all other governmental agencies
C Not to make or suffer any waste to be made of the premises and will keep said
premises neat, clean and respectable condition, free from objectionable matter or thing
D To observe and comply with all current and future laws and ordinances and all
regulations of federal, state, county or city airport authorities or agencies having jurisdiction
over the conduct of operations at the airport
E To keep adequate records of income and expenses and make such records reasonably
available, upon request, to the Director of Finance of the City of Denton, Texas
F Lessee will quit possession of all premises leased herein at the end of the primary
term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor m
as good condition as existed when possession was taken by Lessee. reasonable wear and tear
excepted
G Lessee shall, at its expense, procure all licenses, certificates, permits, or other
authorization from any and all governmental authorities, if any, having jurisdiction over the
operations of Lessee
H. Lessee shall, in the course of marketing its own goods and services, market and
promote the Denton Municipal Airport and various events held at thc Denton Municipal
Airport
This Amendment is intended to amend the provisions of the Airport Lease only to
the extent expressly set forth above All of the terms covenants, provisions, and
conditions set forth in the Airport Lease are ratified and confirmed except as expressly
modtfied by thts Amendment Tlus Agreement shall be binding upon and shall inure to
the benefit of the respective successors and assigns of Lessor and Lessee
In partial consideration for the amendments referenced herein above, Lessee does
hereby and herewith release Lessor of and from any and all claims, causes of action,
and/or stats in equity arising out of or in any way related to the construction of the public
ramp located west of Tracts A and C and between Taxlway A Lessee does hereby and
herewith also release Lessor of and from any and all claims, causes of action, and/or suits
in equity artmng out of or in any way related to this Airport Lease prior to the execution
of this Amendment
Amendment to Airport Lease Agreement Commercial/FBO ' Page 3 of 5
th~s Amendment as of the
IN ~I_TNES~ ~ ,WI-~REOF, the parties have executed
day of..~~ 1998
CITY OF DENTON, LESSOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EZELL AVIATION, INCORPORATED
BY N~ZI2LL
TITLE cA- ~ xg.~'''~
Amendmont to Airport Lease Agreement CommerclalfFBO Page 4 of 5
THE STATE OF TEXAS §
COUNTY OF DENTON §
Th~s instrument was acknowledged before me on the n2q~day of ~6 (~t~ 1998
by Nelson Ezell
NOT, d ¥
STATE OF TEXAS
My Commission Expires
Amendment to Airport Lease Agreement Commercml/FBO Page 5 of 5