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21-2741FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other 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