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2013-149s:Uegallour documentslordinances1131hta ordinance.doc oxDrNarrcE No. 2013-149 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 AS APPROVED BY ORDINANCE 2012-236 ON SEPTEMBER 18, 2012 BETWEEN THE CITY OF DENTON, TEXAS AND HTA AVIATION FOR THE PROPERTY LOCATED AT 4910 LOCKHEED, DENTON ENTERPRISE AIRPORT; AND PROVIDING AN EFFECTIVE DATE. � WHEREAS, certain real property upon the Denton Enterprise Airport was leased to HTA Aviation in an Airport Lease Agreement executed on September 18, 2012; and WHEREAS, the City of Denton and HTA Aviation desire to amend the lease agreement; and WHEREAS, the City Council deems it in the public interest to approve this lease of additional Airport property as an amendment to the Airport Lease Agreement; 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 First Amendment to an Airport Lease Agreement between the City of Denton and HTA Aviation at the Denton Enterprise 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 J��2 day of , 2013. 1 � s:llegal\our documents\ordinances\131hta ordinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:.� .�-�'' %�� �. ���:y,// - f � � THE STATE OF TEXAS COUNTY OF D�NTON FIRST AMENDM�NT TO AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR § § § KNOW ALL MEN BY THESE PRESENTS This First Amendment to that certain Airport Lease Agreement Cominercial Operator which was made and executed on Septeinber 18, 2012 at Denton, Texas, by and between the City of Denton, Texas, a muiucipal corporation, hereinafter refert•ed to as "Lessor," and HTA Aviation having principal offices at 4910 Lockheed, Denton, Texas 76207, hereinafter referred to as "Lessee" wluch lease is simultaneous with this Amendment being for additional lot area. WITNESSETH: WHEREAS, the Lessor and the Lessee have agreed to increase the lot area leased to Lessee for exclusive use by Lessee; and, WHEREAS, the Lessor and Lessee have agreed to an amount to be charged to Lessee for the ai�ea to be leased to lessee; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: SECTION II., " LEASED PREMISES" , Sub-Section A., LAND, Paragraph 1, is hereby anleiided to read as follows: A. LAND. A tract of land, being approxiinately 28,630 square feet or 0.657 acres, as described on Attachment "A", such attachment being incoiporated herein by reference (the "leased premises"). SECTION IV., PAYMENTS, RENTALS AND FEES, Sub-Section A., Paragraph 1, is hereby amended to read as follows: A. LAND AND RENTAL. Rental shall be due and payable to Lessor in the sutn of $0.27 per net square foot, as detei7nined and provided in Attachment "A", said sum being stipulated herein as $7,730.10 per year (the "Original Rent"), payable in twelve (12) equal inontl�ly instalhnents in tlie sum of $644.17 in advance, on or before the 15th day of each and every inonth durulg the term of tlus Lease Agreement. Lessee has the option to pay aiulual rentals and fees in whole on or before the lst day of October, at the beginning of the City's fiscal year, each and every year of this Lease Agreement. 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 William S. Brown, Vice President HTA Aviation. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above fiist written. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATT�RNEY � � BY: � BY LESSOR: GEO GE . CAMPBELL CITY MANAGER BY LESSEE: , ��7i1 � , _. � WILL AM S. BROWN, VICE PRESIDENT HTA AVIATION Page 2 of 3 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of � , 20�, by William S. Brown, Vice President for HTA Aviation. � ���� V1 wl.(:�ii � [SE JULIE AI�I MUIIINS Nota Public; State of Texas 1� Con��lan E:pI►n My Commission Expires ��� /7 M�► $t. Z017 o (or Notary Stamp) STATE OF TEXAS COUNTY OF DENTON Tlzis instrument was acknowledged before me on the � day of , 20 %� , by George C. Campbell, City Manager on behalf the City of Denton, T tas, a municipal corporation. ,�„�„ � � � ���"L�G���v �Z! 1� Y P ���I [s °�' '�'�`�: NofoAy Publ CI SHate of Texas N tary Public, State of Texas =;�:�= My Commisslon Expires My Commission Expires d� Z7 / %;,�F ;;:�' June 21, 2017 7 (or Notary Stainp} Page 3 of 3 n�rrepee.�oo�m�da.�wroH urair or�aH s.e.�u�nun