21-2741FILE REFERENCE FORM
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FILE(S) Date Initials
Lease Approved by Ordinance 2016-338 11/1/2016 CW
Assignment by Ordinance 21-2741 01/04/2022 CW
21-2741
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ASSIGNMENT OF
AIRPORT LEASE FROM DENTON MED TRANS, LLC TO THP AIR, LLC OF AN AIRPORT
LEASE COVERING PROPERTY AT 2200 WESTCOURT ROAD, DENTON, TEXAS AT THE
DENTON ENTERPRISE AIRPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ASSIGNMENT OF AIRPORT LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 1, 2016, the City of Denton, a Texas home -rule municipal
corporation (hereinafter the "City"), entered into that certain Airport Lease Agreement —
Commercial Operator (the "Lease") with Denton Med Trans, LLC covering property located at
2200 Westcourt Road, Denton, Texas, as more fully described in the Lease (the "Property"), at the
Denton Enterprise Airport ("Airport"), which Lease was approved by the City pursuant to
Ordinance No. 2016-338; and
WHEREAS, Denton Med Trans, LLC ("Assignor") has agreed to assign its interest in the
Lease, including certain improvements thereon, to THP Air, LLC ("Assignee"); and
WHEREAS, the Lease requires the written consent of the City for the proposed assignment
to be effective, and Assignor has requested the City give such consent; and
WHEREAS, at the December 8, 2021 meeting of the Airport Advisory Board, the Board
recommended that the City approve the Assignment of Airport Lease for the Property by a vote of
4 to 0; and
WHEREAS, the City Council deems it in the public interest to enter into an Assignment
of Airport Lease giving consent to the assignment contemplated above; NOW, THEREFORE.,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The Assignment of Airport Lease for the Property, in the form attached
hereto as Exhibit A, is hereby approved and made a part of this Ordinance for all purposes.
SECTION 3. The City Manager, or their designee, is hereby authorized to execute the
approved Assignment of Airport Lease.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by 5-e55e "b-,�-y : S and
seconded by?>c -, c m b Q --CQ_ . This Ordinance was passed and approved by
the following vote [-7 - 0]:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: J�
Abstain Absent
PASSED AND APPROVED this the q+* day of i 12022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o,
1 � ou=City of Denton,
BY: j�,{ \ F email=marcella.lunn@cityofdent
__ -.._
Date: 2021.12.13 16:14:35 -06'00'
Ave Nay
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
✓
Jesse Davis, District 3:
J
Alison Maguire, District 4:
J
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: J�
Abstain Absent
PASSED AND APPROVED this the q+* day of i 12022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o,
1 � ou=City of Denton,
BY: j�,{ \ F email=marcella.lunn@cityofdent
__ -.._
Date: 2021.12.13 16:14:35 -06'00'
DocuSign Envelope ID: D5840C31-7E6D-4595-9E4A-6C1F755F9A52
ASSIGNMENT OF AIRPORT LEASE
DENTON ENTERPRISE AIRPORT
DATE: �wc�vac u Li , 2022
ASSIGNOR: Denton Med Trans, LLC
ASSIGNEE: THP Air, LLC
LANDLORD: City of Denton, a Texas home -rule municipal corporation
LEASE: Attachment 1 - Airport Lease Agreement — Commercial Operator, dated
November 1, 2016; City of Denton Approval Ord. 2016-338
PREMISES: 2.806 acres, along with certain leasehold improvements, located at Westcourt
Road, Denton, TX, Denton Enterprise Airport, all as described in the Lease
Assignor assigns to Assignee its 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 transfer and purchase from Assignor prior to this
Assignment of Airport Lease becoming effective.
B. Landlord consents to this Assignment of Airport Lease:
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 Lease with respect to the Premises is to be
transferred to THP Air, LLC.
2. On or before the date of this Assignment of Airport Lease, Assignor will pay
or will cause the Assignee to pay to Landlord a $1,000 transfer fee.
[Signatures on following pages]
Page 1 of 2
DocuSign Envelope ID: D5840C31-7E6D-4595-9E4A-6C1F755F9A52
Assignee:
THP Air, LLC
rOoeu3igned by:
3- NVU "y
J. atric `fI adky, Managing Member
Assignor:
Denton Med Trans, LLC
LDocuS
igned by: r. V 6L4,4
Ben R. Doud, Manager
Consent:
Landlord:
City of Denton
ZSigned by:
Ht#'4.j
ara ens ey; Interim City Manager
Approved as to Legal Form
DocuSigned by:
AtaY'Gt gA t,Uda.la.
Mack Reinwand, City Attorney
ATTEST:
DocuSigned by:
R04A ;.',.oa
Rosa Rios, City Secretary
Page 2 of 2