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2016-051ORDINANCE NO 2016 -051 AN ORDINANCE APPROVING ASSIGNMENT OF A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND TRIANGLE AVIATION DATED APRIL 17, 2001, AND AS ASSIGNED TO CHARLES N. DAVIS, III BY CITY OF DENTON ORDINANCE 2006 -020 DATED JANUARY 17, 2006 AND AS FURTHER ASSIGNED TO NEBRIG PROPERTIES, L.P. BY CITY OF DENTON ORDINANCE 2008 -254 DATED OCTOBER 21, 2008 TO JANUARY AVIATION, L.L.C.; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an assignment of a Commercial Operator Airport Lease Agreement between the City of Denton and Nebrig Properties, L.P. dated October 21, 2008 to January Aviation, L.L.C. in substantially the form of the Consent To Assignment Of Ground Lease which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the w m„ day of �.� , 20 �a mow. CI1lIS ATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: LEASE ASSIGNMENT OF PAD SITE AT 4650 JOHN CARRELL ROAD DENTON ENTERPRISE AIRPORT DATE : January 6, 2016 //�� ASSIGNOR: Nebrig.P � LP �OP MT%(FS 1,P ASSIGNEE :January Aviation, L.L.C. LEASE ASSIGNMENT: Date: February 2, 2016 Landlord: City of Denton Tenant: 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: 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 4605 John Carrell Road is to be transferred to January Aviation, L.L.C. upon approval of Landlord 2. Assignor will pay or will cause the Assignee to pay to Landlord a $500 transfer fee. PREVIOUS ASSIGNMENTS: January 17, 2006 — Triangle Aviation to Charles N. Davis, III October 8, 2008 - Charles N. Davis, III to Nebrig Properties, LP Original Date of Lease: April 17, 2001 between City of Denton and John Brown, President, Triangle Aviation, Inc. January Aviation, L.L.C., Assignee Consent: City of Denton, Landlord George C. Campbell, City Manager .mm.... ... ...................... :::..........::...:..:._...��.. Nebrig Properties, Assignor STATE OF TEXAS COUNTY OF DENTON Approved As To Legal Form Anita Burgess, City A .t:tt ri ey This instrument was acknowledged before me on the 8 day of 3'A&CUA-K y , 20 1 tp , by January Aviation, L.L.C., Jim Lancaster, Assignee. DANIEL - MOLINA J My Commission Expires April 13, 2019 ✓ ' [SEAL] Notary Public, State of Texas Y p .s.._. 2 X19 M Commission Expires (or Notary Stamp) STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 20 _L� , by Nebrig Properties, LP, Mike Nebrig, Managing Partner, Assignor. q JOAN M. DAVIS =,,a � My COMMIS8I0l1 Expires � � [SEAL] %4� May 18, 2018,iy public, State of Texas ��,,w oI My Commission Expires m `;,� 1(0� 30 16 (or Notary Stamp) STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 20 b George C. Campbell on behalf City of Denton Texas, a municipal l co rporation. prn u r rr, . V4C)tlARYI @UBII..VC- STATEOIF IIEXAS A4 EXP 06-27-2017 Notary Public, State of Texas Rmu,a NO2TAR ' HD 8251214 My Commission Expires ,LI (or Notary Stamp)