Loading...
2016-050ORDINANCE NO. 2016.050 AN ORDINANCE APPROVING ASSIGNMENT OF A COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BERT E. MAHON DATED JANUARY 10, 1989 AND AS ASSIGNED TO HAROLD E. CULP BY CITY OF DENTON ORDINANCE 2009 -197 DATED SEPTEMBER 1, 2009, TO PETERSEN HANGARS, LLC; 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 Harold E. Culp dated September 1, 2009, to Petersen Hangars, LLC 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 m2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 41:11'-1-1-1-1-1-1 20_ _' 6�.. WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY _ylud, BY: 11"k ... , I se. / APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: , CONSENT TO ASSIGNMENT OF GROUND LEASE WHEREAS, the City of Denton, Texas (the "Master Landlord ") is the sole landlord under that certain Airport Lease Agreement — Commercial Operator dated January 10, 1999 entered into between the Master Landlord, as landlord, and Bert E. and Mary L. Mahon ( "Mahon "), and as subsequently assigned to Harold E. Culp by City of Denton Ordinance 2009 -197 dated September 1, 2009 ( "Culp') as tenant (the "Ground Lease "); and WHEREAS, the Ground Lease covers approximately 0.6171 acres of land located at 904 Aeronca Drive, Denton, Texas, and being more particularly described in the Ground Lease, attached hereto as Exhibit A and incorporated herein for all purposes; and WHEREAS, the interest of Culp as tenant under Ground Lease was assigned to Petersen Hangars, LLC ("Assignor") on or about November 3, 2015 with the approval and consent of Master Landlord; NOW, THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Master Landlord hereby consents to Assignor's assignment of the Ground Lease to Petersen Hangars, LLC ( "Assignee ") on the following terms and conditions: Assignee agrees to assume and be fully liable for-the. bxm=Ce of each -and every, term, Provision. cove t, duty and obligation of Assignor under the Ground Lease, including, without limitation, the duty to make any and all payments of rent. This Consent to Assignment of Ground Lease shall in no way release Assignee from any of its covenants, agreements, liabilities and duties under' the Ground Lease. Nothing herein contained shall be deemed a waiver or release of any of the Master Landlord's rights under the Ground Lease. Assignor shall pay to the Master Landlord a transfer fee equal to $500.00 in connection with Master Landlord providing its consent to the Assignment of the Ground Lease. Assignor, will pay or will have Assignee pay all of the Landlord's administrative costs on handling and processing the assignment of the Ground Lease from Assignor to Assignee, including without limitation, all of Landlord's reasonable attorneys' fees and Landlord's staff time associated with said assignment. PREVIOUS ASSIGNMENT: Lease Assignment of Commercial Operators Lease at Denton Municipal Airport dated September 1, 2009 between Bert E. and Mary L. Mahon as assignor and Harold E. Culp as assignee. EXECUTE D on this day of 416&� 20_�L, SAMuniklpal AUport \Executed A8F@@mentsWtrp0t AQreemems\Tenants Leese Agreements \Culp Mary Mahon \eONSENT TO ASSIGNMEM OF GROUND LEASE.dom Gt% dDuntoll. Texas ... ... . .. ..... ............... �rgc CuIllphell. ON Manager Date - Jc Ili Icr Wo hers. Gt% Secretar% ACKNOWLEDGED AND AGREED: Elk A�A M Consent to Assignment of Ground Lease e "wpm" - 904 Aeronca Page 2 2•393L ORDINANCE NO. "-,e� AN I M N CE APPROVING A LEASE BETWEEN E CITY OF DENTON AND B EE R ON AND MARY L. MAHON FOR PROPERTY LOCATED AT THE CITY OF DEMON MUNICIPAL AI T, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DA WHEREAS, the City of Denton has certain vacant property located at the Denton Municipal Airport, Denton, Texas; and WHEREAS, the City of Denton desires to .lease the property for constructing and maintaining an aircraft storage hangar and associated facilities thereon; and WHEREAB, Bart E. Mahon and Mary L. Mahon desire to lease the land at the airport on the terms continued in the attached lease; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the lease of airport property to Bart . a oar and "Mary L. Mahon in accordance with the terms of the attached lease and the City Manager is authorised to execute the lease on behalf of the city. SECTION 11. That this ordinance shall become effective i ateuTy +upon its passage and approv 1. Passed and Approved this the day Y of , 1989. ATTEST: BY: r � ME WITNESSBTA ASS Lessor n owns, Controls and operates the Denton Municipal , i; Po ("Airport") in the City of Denton, Count of Denton,, State o Texas; and Y (2) The Lessee, $hall use the preZ,Mes noospli requirements of M M' M by or pursue, xM x Code M Subtiti Regulations, Department M Transportation x Office Of th's a. 21, Non- 'discrilmlnst'on Federally Programs M +t MAHON LEASE /Page Y *»fart \< +< ? \2 ƒ ... :.. � . ?�f : <» w « : <: �< : « :, v3: \\\ R'ght A 11964 . « : ,: amended. ��� » ^ \ \/ \» \ » »¥ ±\/ \l : *< (6) This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thers0to relative to the operation or maintenance of the Airport. II. LEASED PREMISES certain Lessoro for and, in consideration of the covenants and agreements herein, contained to be kept by Losses, does lease to Losses# and Lessee does, hereby lease from Lessor the tract of land as shown in Attachment "A", attached hereto and iincOrPorated herein by reference, described as follows., All that, Toby SurveYe Ab: Number 1285t Denton County, * being s . by aw; of Dentont recorded in Volume, 304, Page 503, Dead Records of Denton Countyo Taxas, + being more described as followaz BEGINNING at a set half -inch rebar at a point north 131 39' 3111 east 229.68 feet from a concrete monument marked DTO -B -19791 THENCE north 1l 331 09" east a distance of 180.0 feet to a point for corner; THENCE south 8se 14, 81 east a distance of 110.74 feet to a point for corner; THENCE south 212 451 54" east a distance of 195.82 feet to a set half -inch rebar for corner; THENCE north 880 330 54" west a distance of 188.24 feet to the Point of Beginning and containing 0.6171 acres of land (or 26,881.03 square feat). For the purposes of this Leas*, the term +RPremises" shall moan the property located within the land described above. III. TERM MAHON LASS /Page 3 IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals as follows: WON LEASE /Page 4 percent (s *) monetary penalty on delinquent rent shall constitute an event of default of this Lease. (7) oust possession. Losses shall quit possession of the Premises at the end of the primary term of this Lease or any renewal or extension thereof, and deliver up the Premises to Lessor in as good condition as existed when possession was taken by Losses, reasonable wear and tear excepted. MAHON LEASE /Page 7 w w o D. 1 Should Lemse* violate any law,, rule, restriction 'h Lessor of Denton Federal VII. LEASEHOLD AND OTHER YMPROV ENTS (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, shape, color, NAHON LEASE /Page 10 quality, design,, appearance,, and general plan of the program established by the sor *s Master Plan for the Airport, as approved by the City Council,, copies which are on file at the Office of the Airport Manager and the City secretary. (Z) The regulations and requirements of the Lessor's Building, Fire, Electrical, Plumbing, and other applicable Codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at least thirty -five (35) years. (4) Any rules or regulations of the any Federal or State agency having jurisdiction thereof. (5) Contain the estimated cost of the construction of the improvements to be made. C. Approval of Plans. Within sixty (60) days of proper submission of the plat and plans, and payment of the applicable fees, Lessor shall approve or disapprove the plat and plans. Should Lessor fail to approve or disapprove of the required plat or plans within the sixty (60) days, the plat and plans shall be deemed approved. Should the Lessor timely disapprove the plat or plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are approved by Lessor. MAAHON LFASE /Page 11 t&XiWftY in ..; defects. to the reascnablc�, F. In the event that Lessee should remove any building or hangar from the Premises, Where such removal is authorized by this Lease, Lessee herein agrees to Comply with the following terms: (1) Prior to commencing the hangar or building renvoval process, the Lessee and Lessor shall agree on the best method to remove the building, including where to out water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (6) Lessee shall be responsible for all costs involved in the removal of the hangar or building, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to any MON LEASE /Page 12 ,, • �, - - Vk 4 'M IN-to F 1,114 ,r i j VIII. SUBROGATION OF MORTGAGEE 1. The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations sunder this, Lease as substituted Lessee shall cease upon assignment to a third party as approval by Lessor. 2. As a condition precedent to the exercise of the ri. ht granted to Lander by this paragraph, Lander shall notify Lessor oil all action taken by it in the event payments on such loans shall become delinquent. Lander shall also notify Lessor, in writing, on any change . in the identity or address of the Lender. IX. INSURANCE B. All policies shall be issued by a company authorized to MAHON LIME/Page 13 XI. CANCELLATION BY LESSOR All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions of this Lease and the failure of the Lessee to comply with any of MMON LBASE /page 15 (1) In the event that Lessee shall, file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Losses and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganisation act= or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganisation acts or if a receiver for Lessee's assets is appointed. (Z) In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. all monies due Lessor have been avid Losses shall, and provided ght Vii, n or ca ellation of this to r � 1. right e D. v on to net o remove its personal props y $ provided such removal does not cause damage to any part of the, hangar, structure or improvements. Losses shall remove all personal property from the Premises within ten (10) days after, the termination. If Lessee fails to remove MMON LNA88 /Page 16 XII. CANCELUTION BY LEBBES Upon the happening of any of the four events listed in the preceding paragraph, such that the Promises cannot be used for authorized purposes en L6915ee may cancel this Lease or may elect to continue this Lease under its to so In the event that Lessee should elect to cancel this Lease as MAHON LEASE /Page 17 XIII. MISCELLANEOUS PROVISIONS MAHON LEASE /Page 18 E. nktIJU. if any provision ;hereof shall be finally declared void or illegal by any u or administrative agency having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with a original intent of the parties. F. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: 1. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Denton, Texas 75201 2. If to Lessee, addressed to: Sort E. Mahon 1603 Concord Lane Denton, Texas 76205 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. G. HapdAiM. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. H. aoverning Law. This Lease is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF TONe TZXhSp LESSOR F*y4 DID MAHON T-RASE /Page 19 APPROVED AS TO LEGAL FORM: DEBRA ADAffiI DRAYOVITCH, CITY ATTORNEY BY: STATE OF TEXAS STATE OF TEXAS COUNTY OF DENTON STATE OF TEXAS COUNTY OF DENTON NAHON LEA88 /Page 20 491 ATTACHMENT "A" -A- 7, SC ALE 1 2004