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2010-177ORDINANCE NO. 2010-177 AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN AN AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL AIRPORT FROM ROBBY RITCHEY TO ALAN RITCHEY, INC. LOCATED AT 4849 SPARTAN, DENTON, TEXAS AT THE DENTON MUNICIPAL AIRPORT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Robby Ritchey has requested that the Airport Lease Agreement at 4849 Spartan, dated May 15, 1998 be assigned to Alan Ritchey, Inc.; 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 OF DENTON 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 Robby Ritchey to Alan Ritchey, Inc. 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. PASSED AND APPROVED this the ~W# day of , 2010. 11 M RK A. B O , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: ASSIGNOR: Robby Ritchey ASSIGNEE: Alan Ritchey, Inc. LEASE: Date: May 15, 1998 Landlord: City of Denton, Texas Tenant: Robby Ritchey Assignor assigns to Assignee Tenant's interest in the lease. A. Assignee Agrees To: 1. Assume Tenant's Obligations under the lease. 2. Accept the premises in their present "as is" condition. 3. Complete all obligations of purchase from Assignor prior to this assignment becoming effective. B. Landlord consents to this assignment. Landlord agrees to notify Assignor within 30 days of any Assignee default. C. Assignor agrees as a condition of Landlord's consent to this Assignment that: 1. Assignor will remain liable on the lease should Assignee default on the lease. 2. Assignor will pay or will have the Assignee pay the Landlord a five hundred dollar ($500.00) transfer fee. 3. Assignor will pay or will have the Assignee pay all the Landlord's administrative costs of handling and processing this Assignment, including without limitation, all Landlord's reasonable attorney fees and Landlord's staff time associated with this assignment. PREVIOUS ASSIGNMENTS: Lease was originally assigned to Alan Ritchey, Inc. and transferred to Robby Ritchey on October 6, 1998 by Resolution R98-054. Page 2 of 3 For Robby Ritchey, Assignor y Ritch For Alan Ritchey, Inc., Assignee City of De "~beo(rge C. Campbell, City Manager Attest: Jennifer Walters, City Secretary By: Approved as to Legal Form: Anita Burgess, City Attorney By: STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 94kday of, 201, by Robby Ritchey, airport lessee. [Seal] D UU A) ~L Notary Public, State of Texas My Commission Expires 5-,20.1 (or Notary Stamp) EOf DIANE HOGAN Notary Public, State of Texas My Commission Expires 3-20.2014 Page 3 of 3 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the g4 day of, 20 10, by Alan Ritchey, Inc. [Seal] G"L ~0 11~ Notary Public, Stat of Texas My Commission Expires (or Notary Stamp) ENotaryftllc, GAN * te of Texas Expires 14 STATE OF TEXAS COUNTY OF DENTONAday This instrument was acknowledged before me on the of , 20 /0 , by George C. Campbell on behalf of the City of Denton, Texas, a unic' al corporation. JANE E. RICHARDSON Notary Public, State of Texas «5 My Commission Expires N'. ~ ~;;June 27, 2013 N ary Public, State of Texas My Commission Expires / (or Notary Stamp)