2010-150
ORDINANCE NO. 2010"150
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN AN
AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL AIRPORT FROM ANDY
JOHNSON TO GLOBAL MARITIME SUPPLY MANAGEMENT LLC LOCATED AT 1750
WESTCOURT, DENTON, TEXAS AT THE DENTON MUNICIPAL AIRPORT AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Andy Johnson has requested that the Airport Lease Agreement at 1750
Westcourt, dated December 19, 1995 be assigned to Global Maritime Supply Management LLC;
and
WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OFDENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
Assignment of a leasehold interest in an Airport Lease Agreement, at the Denton Municipal
Airport from Andy Johnson to Global Maritime Supply Management LLC, attached as Exhibit A
and made a part of this Ordinance for all purposes, to evidence the City's consent to the
Assignment.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
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- PASSED AND APPROVED this the day of , 2010.
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. ARK A B_ OU , MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: , .
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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STATE OF TEXAS
COUNTY OF DENTON
ASSIGNMENT.OF LEASE and CONVEYANCE OF OWNERSHIP OF LEASEHOLD
IMPROVEMENTS
WHEREAS, on or about December 19, 1995 the City of Denton, Texas, as
Lessor, and Avionics International Supply, Inc., a Texas Corporation, as Lessee entered
into a certain lease agreement entitled A/RPORT LEASE AGREEMENT ("the LEASE")
concerning property located at the Denton Municipal Airport and having the street
address of 1750 Westcourt Dr., Denton, Texas. The legal description of the property is
set out in said AIRPORT LEASE AGREEMENT, a copy of which is attached hereto and
included herein by reference as though copied verbatim herein, and
WHEREAS Avionics International Supply, Inc. ("AIS") has previously assigned its
interest in the LEASE and conveyed all of its right, title, interest, and ownership of the
Leasehold Improvements located on the leased premises, including without limitation
the building(s) and structures thereon, to Andy Johnson, presently of 1005 Quail Run
Road, Southlake, Denton County, Texas 76092, ("Johnson") and
WHEREAS Johnson desires to assign his interest in the LEASE and convey all
of his right, title, interest, and ownership of the Leasehold Improvements located on the
leased premises, including without limitation the building(s) and structures thereon, to
Global Maritime Supply Management LLC, a Texas limited liability company, presently
located at 1750 Westcourt Road, Denton, Denton County, Texas, ("Global") and
WHEREAS the City of Denton, Denton County, Texas, ("the City") has consented
to the herein assignment and conveyance from Johnson to Global as set out hereinafter
as evidenced by the signature of the proper City Official(s) below,
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Johnson hereby assigns, transfers, and
delivers all of his right, title and interest in and to the above-described A/RPORT LEASE
AGREEMENT and the premises covered thereby to Global and further conveys to
Global all of his right, title, interest, and ownership in and to the Leasehold
Improvements located on the leased premises, including without limitation the
building(s) and structures thereon.
It is agreed and understood by and among the parties to this Agreement that:
ASSIGNMENT & COONVEYANCE: JOHNSON TO GLOBAL MARITIME PAGE 1
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1. Global agrees to accept and hereby accepts the "LEASE," pay all rents, and
punctually perform all of Johnson's obligations under the "LEASE" accruing
on and after the date of delivery of possession global as contained in this
agreement. Global further agrees to indemnify and hold Johnson harmless
from any breach of Global's obligations hereunder.
2. Johnson shall deliver possession of the leased premises of the premises
covered by the "LEASE" and possession of the aforesaid Leasehold
improvements located on the leased premises, including without limitation the
building(s) and structures thereon, to Global on the date of the execution
hereof. AII rents and other charges accrued under the "LEASE" prior to that
date shall be fully paid by Johnson, and thereafter by Global.
3. The City consents to this Assignment of Lease, provided that:
a. Assent to the assignment shall not discharge Johnson of his
obligations under the "LEASE" in the event of breach by Global;
b. -In the event of an uncured breach by Global, The City shall provide
Johnson with written notice of that breach and Johnson shall have full
rights to commence all actions to recover possession of the leased
premises (in the name of the City, if necessary) and retain all rights for
the duration of the "LEASE," provided he shall pay all accrued rents
and cure any other default within a reasonable time;
c. There shall be no further assignment of the "LEASE" without prior
written consent of the City.
This Agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns, and personal representatives.
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SIGNED under seal this thed a y oyy~ , 2010, in Denton,
Denton County, Texas.
Andy Jo ns
Global Maritime Supply Ma agement
LLC, Assi nee
By
Its
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ASSIGNMENT & CO)ONVEYANCE: JOHNSON TO GLOBAL MARITIME PAGE 2
The City of Denton, Denton County,
APPROVEO AS TO FORM: Texas, Lessor
CÎTY ATTORNEY
CÎYI' OF DENTON, "I-EXAS
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STATE OF TEXAS f ~ COUNTY OF DENTON
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Before me, the undersigned Notary Public, on this day personally appeared -
in his capacity as MIAWen of
Globa aritime Supply Management LLC and on its behalf, and known by to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ay of ,
2010. ~
N ta ubl« , of xas
My mi sio e :
' KAYLA S. CORNELIUS
. Notary Public, Stafie of Texas
STATE OF TEXAS ~ ōi3~
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COUNTY OF DENTON
Before me, the undersigned Notary Public, on this day personally appeared Andy
Johnson, known by me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office this ~ day of
2010.
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KAYLA S. CORNELIUS N tary ubl , exas
. . Notary Publŕc, State of Texas M c iss~ n ires:
My Commŕsslon Expires
- oF ~ September 17, 2013
ASSIGNMENT & CgONVEYANCE: JOHNSON TO GLOBAL MARITIME PAGE 3