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2012-038s:llegallour documentslordinauces\121airpotrt jvc lst amendmentto lease.doc ORDINANCE NO. 2012-038 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON A FIRST AMENDMENT TO AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JVC REAL ESTATE, L.L.C. FOR THE PROPERTY LOCATED AT 4650 AND 4736 LOCKHEED, DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to JVC Real Estate in an Airport Lease Agreement executed on September 21, 2004; and WHEREAS, the City of Denton and Lessee desire to amend the lease agreement; and WHEREAS, the City Council deems it in the public interest to approve this lease of additional Airpoi-t property as an amendment to the Airport Lease Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF D�NTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a First Amendment to an Airport Lease Agreement between the City of Denton and JVC Real Estate, L.L.C. 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. � � � �'`. PASSED AND APPROVED this the �� ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ANITA BURGESS, CITY ATTORNEY ; " ,. t -, �- � BY: � �`' :.,�``� ,�`�`.'`` �'`� �,,'-� � �.. day of � ��'��° �.� -��d..�°; 2012. �° ARI A. HS, MAYOR THE STATE OF TEXAS COUNTY OF DENTON § § § � . � �; . � ,� . . . . . � .. � � KNOW ALL MEN BY THESE PRESENTS This First Amendment to that certain Airport Lease Agreement Commercial Operator which was made and executed on September 21, 2004 at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor," and JVC Real Estate, L.L.C. having principal offices at 4650 and 4736 Locicheed, Denton, Texas 76207, hereinafter refened to as "Lessee" which lease is simultaneous with this Amendment being for additional parking spaces. WITNESSETH: WHEREAS, the Lessor and the Lessee have agreed to certain Lessor provided improvements to be constructed for exclusive use by Lessee; and, WHEREAS, the Lessor and Lessee have agreed to an amount to be charged to Lessee for improvements to made by Lessor; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: SECTION l. Section II, B" IMPROVEMENTS PROVIDED BY LESSOR" is hereby amended to read as follows: Lessor shall construct and make available for exclusive use of Lessee a concrete paved parking area shown on Attachment "A" hereto, which is made a part hereof, for a period of time simultaneous with the tei-m of the lease as provided in Section III, TERM of this Lease Agreement. No other improvements will be provided by Lessor, except as set forth in Article II, E"Access To Utilities" of this Lease Agreement. For the purpose of this Lease Agreement, the term "Lessor Improvements" shall mean those things on or adjacent to the Leased Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase the value or quality of the Leased Premises. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. SECTION 2. Section IV, B"LESSOR IMPROVEMENTS RENTALS" is hereby amended by adding the following paragraph which shall read as follows: The Leasee shall lease paved automobile parlcing as described in Section II, B of this Lease Agreement to Lessee`for an amount of two hundred fifty dollars ($250.00) per month which shall generate an additional three thousand dollars ($3,000.00) per year to be paid in addition to the lease payment as established in Section IV, A of this Lease Agreement. This lease amount shall be adjusted along with the land rental adjustment as described in Section IV, C of this Lease Agreement during the full term of this Lease Agreement as described in Section III of this Lease Agreement. SECTION 3. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Lease shall remain in full force and effect, but the notarization should be for John Vann, President JVC Real Estate, L.L.C. Inc. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above first written. ATTEST: JENNIFER WALTERS, CITY SECRETARY i� f tf '� `� :� BY: �s � _�. � ��.. �. �1 � , f ; � �� , APPROV�D AS TO LEGAL FORM: ANITA BURG�SS, CITY ATTORNEY BY: � :> . r� � , ,� �, ti° ; l,fF , p. F. .. BY LESSOR: ��'� �� x � � � �y �,�° ;, 4, ��E(��GE C. C BE�L � CIT�;� MANAGER Page 2 of 3 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of ��+�1� , 20 l�„ by John Vann, President, JVC Real Estate L.L.C.. \`\��,o��p`ND 1 N�: "'��`,'��6 �SEAL� � �.. 1PRY pG e�',�� _ � � '� � �/ ��' � OF TE,�'p,`' , //,/f'/��//`i.� �'L 0 � " ,.�1\��\`,``�e` STATE OF TEXAS COUNTY OF DENTON �� % N ary Pubhc, State of s My Commission Expires � �. � (or Notary Stamp) � � This instrument was acknowledged before me on the � �� ' ` day of .�, � � �� ,' � � ��5 , 20 ,`� , b��c��.��pb�1�; City Manager on behalf the City of Denton, Texas, a mun�cipal coiporation. �� r �=rP : ` ��-, �° , �� t� r,�� [SEAL� � � �� , i �, ��*a� � �{�"s`�t �° eCd' �.�.i � �{ � � � � �� : r,� �-�� g �� ' t�,y �,�� r >; ,- �. e � � �t ``' �. � � .�.��C��°."` ��... � x.��,�a��.�� , � Page 3 of 3 , r � ,� d � ,� � _ � f ;'�a � ?�E�r��r_ �� I�otary Public, State of Texas My Commission Expires �.��: �-?;°.,�� :.�� (or Notary Stamp) Copyright NCTCOG DISCLAIMER This data has been compiled for NCTCOG. JVC - Parking Various official and unofficial sources were used to gather this DFWMaps.com information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data.