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
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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
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(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