2011-035s:\Iegal\our documents\ordinances111\airport first financial lease 2nd amendment.doc
ORDINANCE NO. 2011-035
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A SECOND
AMENDMENT TO AN AIRPORT LEASE DATED SEPTEMBER 15, 1987 BETWEEN THE
CITY OF DENTON, TEXAS AND FIRST FINANCIAL RESOURCES, INC. AT THE
DENTON MUNCIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal Airport was leased to First
Financial Services, Inc. in an Airport Lease Agreement, and
WHEREAS, the City of Denton and Lessee desire to amend the lease agreement, and
WHEREAS, the Airport Board recommends approval of the Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
of the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a Second
Amendment to an Airport Lease Agreement between the City of Denton and First Financial
Services, Inc. at the Denton Municipal Airport which is attached to and made a part of this
ordinance for all purposes and to exercise all rights and duties of the City of Denton under the
Airport Lease Agreement.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
s~
PASSED AND APPROVED this the day of u ek , 2011.
MARK RR UGHS, MAYOR
sAlegallour documents\ordinances\l l\airport first financial lease 2nd amendment.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By
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SECOND AMENDMENT TO
COMMERCIAL OPERATOR LEASE AGREEMENT
BETWEEN CITY OF DENTON AND FIRST FINANCIAL RESOURCES, INC.
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This Second Amendment to that certain Commercial Operator Lease which was first
made and executed on September 15, 1987 at Denton, Texas, by and between the City of Denton,
Texas, a municipal corporation, hereinafter referred to as "Lessor," and First Financial
Resources, Inc., hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, the Lessor and the Lessee have requested an amendment of the Lease term
and the City Manager and the Airport Advisory Board support the amendment of the Lease;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION III. - TERM OF THE LEASE IS HEREBY AMENDED TO READ AS
FOLLOWS:
The term of this Agreement shall be for a period of twenty-three
(23) years, commencing on the 15th day of September, 1987 and as
amended to continue through the 14th day of March 2011, except
as amended hereby to extend for ninety (90) days through the
15th day of June, 2011, unless earlier terminated under the
provisions of the Agreement. Lessee shall have the first right of
refusal to renegotiate this lease for three (3) additional five year
periods at rentals and terms mutually agreed upon by the Lessor
and Lessee without regard for or considering the then cost of
living index. Lessee's election to renegotiate this lease shall be in
writing addressed to the City Manager at least one hundred eighty
(180) days before the expiration of the primary term of twenty-
three (23) years as amended hereby to extend for ninety (90)
days and at least 180 days before the expiration of each additional
renegotiated period. The rental and terms to be negotiated shall be
reasonable and consistent with the then value, rentals and terms of
similar property on the Airport. Lessee's first right of refusal to
renegotiate this lease shall expire upon the end of the last day of
the primary term of twenty-three (23 ) years as amended hereby
to extend for ninety (90) days and the last day of each additional
renegotiation period.
SECTION IV. - PAYMENTS, RENTALS AND FEES IS HEREBY AMENDED TO
READ AS FOLLOWS:
Land rental shall be the sum of Two Hundred Twenty Eight
Dollars and Eighty One Cents ($228.81) per month effective
March 15, 2011 through June 15, 2011, payable in six (6) equal
monthly installments in the sum of Two Hundred Twenty Eight
Dollars and Eighty One Cents ($228.81) in advance, on or
before the first day of each and every month during the term of
this agreement. Notwithstanding the foregoing, the lease rental is
reduced by the product of $0.11481 per square foot times the
number of square feet compromising all easements established in
accordance with Article II (c).
SECTION XI. - INSURANCE OF THE LEASE IS HEREBY AMENDED TO
READ AS FOLLOWS:
C. Indemnity. Lessee must indemnify, hold harmless and
defend the Lessor, its officers, agents and employees, from and
against liability for any and all claims, liens, suits, demands
and/or actions for damages, injuries to persons (including
death), property damage, (including loss of use), and expenses,
including court costs, attorneys' fees and other reasonable
costs, occasioned by or incidental to the Lessee's occupancy or
use of the Leased Premises or the Airport and/or activities
conducted in connection with or incidental to this Lease
Agreement, including all such causes of action based on
common, constitutional or statutory law, or based in whole or
in part upon the negligent or intentional acts or omissions of
Lessee, its officers, agents employees, invitees or other persons.
Lessee must at all times exercise reasonable precautions on
behalf of, and be solely responsible for, the safety of its
officers, employees, agents, customers, visitors, invitees,
licensees and other persons, as well as their property, while in,
on, or involved in any way with the use of the Leased Premises.
The Lessor is not liable or responsible for the negligence or
intentional acts or omissions of the Lessee, its officers, agents,
employees, agents, customers, visitors and other persons. The
Lessor shall assume no responsibility or liability for harm,
injury, or any damaging events which are directly or indirectly
attributable to premise defects, whether real or alleged, which
may now exist or which may hereafter arise upon the Leased
Premises, responsibility for all such defects being expressly
assumed by the Lessee. The Lessee agrees that this indemnity
provision applies to all claims, suits, demands, and actions
arising from all premise defects or conditions.
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THE LESSOR AND THE LESSEE EXPRESSLY INTEND
THIS INDEMNITY PROVISION TO REQUIRE LESSEE TO
INDEMNIFY AND PROTECT THE LESSOR FROM THE
CONSEQUENCES OF THE LESSOR'S OWN
NEGLIGENCE WHILE LESSOR IS PARTICIPATING IN
THIS LEASE AGREEMENT WHERE THAT
NEGLIGENCE IS A CONCURRING CAUSE OF THE
INJURY, DEATH, OR DAMAGE. NOTWITHSTANDING
THE TERMS OF THE PRECEDING SENTENCES, THIS
INDEMNITY PROVISION DOES NOT APPLY TO ANY
CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND
LIABILITY WHERE THE INJURY, DEATH, OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE
LESSOR OR ANY OF ITS EMPLOYEES, CONTRACTORS,
OR AGENTS, UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY.
ALL OTHER PROVISIONS OF THE LEASE AGREEMENT REMAIN IN FULL
FORCE AND EFFECT.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day March 2011.
BY LESSOR:
GEO GE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
?'M ~
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
FIRST FINANCIAL SERVICES, INC. LESSEE:
BY:
Byron Hart
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of F ru4v, ,
20 11 , by Byron Hart.
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MY conNINIt ar 90"
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
20 , by George Campbell, City Manager on behalf the
corporation.
~O;'PY~'yAL~ANE E. RICHARDSON
^ L Notary Public, State of Texas
"1ie"F My Commission Expires
Not~iry State of Texas
My Commission Expires
(or Notary Stamp)
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the ff day of
City of Denton,
nv h ,
Te s, a municipal
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N ary Public, State of Texas
My Commission Expires
(or Notary Stamp)
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