2017-374s:\Iegal\our documents\ordinances\17\airport - consent to assignment of hicks lease.doc
JORDINANCE NO, ZQ P-3 wrl I
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WHEREAS, on October 20, 2015, the City of Denton, Texas (hereinafter the "City")
entered into that certain Airport Lease (the "Lease") with Mark Hicks Transport ("Hicks") at the
Denton Enterprise Airport, ("Airport"); and
WHEREAS, Hicks has agreed to assign his interest in the Lease to Polygon Enterprises,
Inc. ("Polygon") as evidenced by that certain Lease Assignment of Pad Site at 4901 Lockheed
Lane, Denton Enterprise Airport (the "Assignment"), dated November 8, 2017, attached hereto
as Exhibit 1; and
WHEREAS, the Lease requires written consent of the City for the Assignment to be
effective and Hicks has requested the City for such consent; and
WHEREAS, the City Council deems it in the public interest to give consent to the
,SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SEC11ON 2, The City Manager or his designee is hereby authorized to execute the
Assignment, confirming the City's consent to same, in the form attached hereto as Exhibit 1 and
made a part of this Ordinance for all purposes.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
0
PASSED AND APPROVED this the 5 #--1 day of fi'll"S',
)I7..C9 IS MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:����
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
LEASE ASSIGNMENT OF PAD SITE AT 4901 LOCKHEED LANE
DENTON ENTERPRISE AIRPORT
DATE: November 8, 2017
ASSIGNOR: Mark Hicks Transport, LLC,
ASSIGNEE: Polygon Enterprises, Inc.
LEASE: Date: October 20, 2015
First Amendment, November 1, 2016
Landlord: City of Denton, Texas
Tenant: Mark Hicks Transport, LLC
Premises: 4901 Lockheed Lane
Approved by City of Denton Ordinance 2015-324, 2016-337
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 its 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 following assignment, it shall look solely to Assignee for
fulfillment of the lease obligations.
C. Assignor agrees that:
1. Assignor confirms that the land lease and hangar ownership with respect to the
Property at 4901 Lockheed Lane is to be transferred to Polygon Enterprises, Inc.
2. Assignor will pay or will cause the Assignee to pay to Landlord a $500.00
transfer fee.
PREVIOUS ASSIGNMENTS:
None
Assignee:
,aw.
Polygot
rprises, Inc.
Roland Author, Managing Member
Consent:
Cit of Denton, L u� ac rd
Ar�.U,
Todd Hileman, City Manager
Assignor:
By:
Mark Hicks, e wn (
Mark Hicks Transport, LLC.
STATE OF TEXAS
COUNTY OF DENTON
Approved As To Legal Form:
Aaron Leal, City Attorney
'pIII I/,
This instrument was acknowledged before me on the ' .day f lmml11, 2 by
Mark Hicks Transport, LLC, Assignee.
JULIE ANN MULLINS N ary .l�ulic, State of Texas
My Notary ID # 8532322
Expkw May 27,2W1
My Commission Expires�
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
""
This instrument was acknowledged before me on the _ day of 2017 .� , , by
Polygon Enterprises, Inc. Roland Author, Assignor
" JULIEA NN MULLINS
"" s« My Notary ID # 8532322
"' "�" EPa May 21, 2021
MWM
Not .ry Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 2 of 3
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on th<jL7'day of mmmm, 2017, by
Todd Hileman on behalf the City of Denton, Texas a municipal corporation.
Vary 1'u lie, State of Texas
My Commission Expiresp/
(or Notary Stamp)
Page 3 of 3
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Vary 1'u lie, State of Texas
My Commission Expiresp/
(or Notary Stamp)
Page 3 of 3