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2012-121ORDINANCE NQ. 2012-121 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ASSIGNMENT OF A LEASEHOLD INTEREST IN AN AIRPORT LEASE AGREEMENT AT DENTON AIRPORT FROM WINDLE & WINDLE 1NVESTEMNTS, 1NC., TO RWDW AVIATION, INC. FOR PROPERTY LOCATED AT 4633 SPARTAN DRIVE AT DENTON AIRPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Windle & Windle Investments, Inc has requested that the Airport Lease Agreement for 4633 Spartan Drive dated January 20, 1998 be assigned to RWDW Aviation, Inc.; and WIIEREAS, the City of Denton Council Airport Committee has approved the Lease Assignment; and WHEREAS, the City Council deems it in the public interest to approve this Assigrunent; 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 Airport from Windle & Windle Investments, Inc. to RWDW Aviation, Inc. in substantially the form of the Assignment attached to and made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment. SECTION 2. This Ordinance sha11 become effective immediately upon its passage and approval. PASSED AND APPROVED this the ,��� ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: day of ,�%�i , 2012. M RK . BU GH , . YOR LEASE ASSIGNMENT OF PAD SITE AT DENTON AIRPORT DATE: May 15, 2012 ASSIGNOR: Windle and Windle Investments, Inc. ASSIGNEE: RWDW Aviation, Inc LEASE ASSIGNMENT: Date: Landlord: Tenant: May 15, 2012 City of Denton Don R. Windle 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 a11 obligations of purchase from Assignor prior to this assignment becoming effective. B. Landlord consents to this assignment: 1. Landlord agrees that provisions of this Lease Agreement shall transfer solely to Assignee upon approval of assignment by Landlord. C. Assignor agrees that: 1. Assignor confirms that the land lease and hangar ownership with respect to the property at 4633 Spartan Drive is to be transferred to RWDW Aviation, Inc. upon approval of Landlord PREVIOUS ASSIGNMENTS: None Original Date of Lease: January 20, 1998 between City of Denton and Windle & Windle Investments, Inc. Windle & Windle Investments, Inc. Don . Windle, 'gnor c Rick Woolfolk, Assignee RW �� Aviation, Inc. �• i " � ��� C ��� f Consent: City of Denton, Landlord George C. Campb ,' anag r �—� Approved As To Legal Form Anita Burgess, City Attorney B: ; CL-� z��l.� �-� Y