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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