23-1312FILE REFERENCE FORM nIL
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1197-DIS-
17-131
ORDINANCE NO. 23-1312
AN ORDINANCE OF THE CITY OF DENTON RATIFYING A QUITCLAIM DEED DATEDAUGUST 14, 2007 (INSTRUMENT NUMBER 2007-99232) BY AND BETWEEN DAVIDWAYNE AUSTIN AND DWAYNE E. HATCHER; APPROVING AN ASSIGNMENT OF
AIRPORT LEASE FROM EMILY SCHOPPER, INDEPENDENT ADMINISTRATOR OF THEESTATE OF DAVID WAYNE AUSTIN, DECEASED TO WAYNE AND MARIBETHYARBROUGH COVERING PROPERTY AT 918 AERONCA DRIVE, DENTON, TEXAS ATTHE DENTON ENTERPRISE AIRPORT; AUTHORIZING THE CITY MANAGER TOEXEC-UTE THE ASSIGNMENT OF AIRPORT LEASE; AND PROVIDING AN EFFECTIVEDATE
WHEREAS, on December 6, 1994, the City of Denton, a Texas home-rule municipalcorporation (hereinafter the “City”), entered into that certain Airport Lease Agreement –
Commercial Operator (the “Lease”) with Bruce Brown covering property located at 918 Aeronca
Drive, 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.94-23 1 ; and
WHEREAS, on April 1, 1997, Bruce Brown assigned the interest in the Lease to Dwayne
E. Hatcher and David W. Austin, Resolution R97-015; and
WHEREAS, on May 1, 1997, the Lease was amended to include additional mortgage
language, Ordinance No. 97-131; and
WHEREAS, on August 14, 2007, Dwayne Hatcher entered into a Quit Claim Deed,
assigning all right, title, interest and claim, to David W. Austin (“Assignor”); and
WHEREAS, Assignor has agreed to assign its interest in the Lease, including certain
improvements thereon, to Wayne and Maribeth Yarbrough (“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 August 9, 2023 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
5 to 0; and
WHEREAS, the City Council deems it in the public interest to enter into an Assignmentof 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.
1
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.
s e c o n d = hEy rrI o t i %= 1 a P P rnj k ;d i n a n c e w a s rnsat hHthe following vote LI -E :
Aye Nay Abstain Absent
7a
/’
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
B,andon Chase McGee, At Large Place 5: /
Chris Watts, At Large Place 6: /
PASSED AND APPROVED thi, th, t gt\day of Ablbs+ , 2023.
b
ATTEST:
JESUS SALAZAR, CITY SECRETARY
b\111111111
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
BY:-\Xf,LVcLa[\ \JEbVL '=H£aKeHaJunn@dtyddenton£om
DN: cn=Marcella Lunn, o, ou=City of
laTe: 2023.08.09 16:09:31 -05'oo'
DocuSign Envelope ID: 885B37D3-F2D04FE7-A8BC-D4BB79DIE4FB
DocuSign Envelope ID: 03D665CE-5C4D404&96AF+D5A773DF525
Exhibit A
ASSIGNMENT OF AIRPORT LEASE
DENTON ENTERPRISE AIRPORT
DATE:
ASSIGNOR:
August 25
_, 2023
Emily Schopper, Independent Administrator of the Estate of David Wayne
Austin, deceased
ASS]GNEE:Wayne and Maribeth Yarbrough
LANDLORD:City of Denton, a Texas home-rule municipal corporation
LEASE:December 6, 2004, Lease Agreement, Ordinance 94-23 1
April 1, 1997, Lease Assignment, Resolution R97-015
May 1, 1997, Lease Amendment, Ordinance 97-131
August 14, 2007, Quitclaim Deed between Dwayne Hatcher and David W.
Austin, Instrument Number 2007-99232
PREMISES:0.439-acre parcel along with certain leasehold improvements, located at 918
Aeronca Lane, 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 aom 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 Wayne and Maribeth Yarbrough.
2. On or txfore 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: 885B37D3-F2D04FE7-A8BC-[MBB79DIE4FB
DoalSign Envelope ID: 03D665CE-5C4[>404&96AF+D5A773DF525
Assignor:
Emily Schopper, Independent Administrator of the Estate of David Wayne Austin, deceased
EmIly Schopfier
Assignee:
Wayne and Maribeth Yarbrough
Wayne Yarbrough
Eh4iu SIgned IIB
'@
MarIDetn Y ar6rougn
Consent:
Landlord:
City of Denton
bocuSigned by:
SMA HtML?
PnMMey?-city Manager
Approved as to Legal Form
iTF;8?£'Figf;Tvhla, Lity Attorney
ATTEST:
Page 2 of 2