2009-301
sAour documents\ordinances\airport ag lease larry downe.doc
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A FIRST
AMENDMENT TO AN AGRICULTURAL LEASE AGREEMENT APPROVED BY
ORDINANCE 2004-304 DATED OCTOBER 5, 2004, BETWEEN THE CITY OF DENTON,
TEXAS AND LARRY DOWNE AT THE DENTON MUNCIPAL AIRPORT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal Airport was leased to Larry
Downe, by an Agricultural Lease Agreement; and
WHEREAS, the City of Denton and Lessee desire to amend the lease agreement; and
WHEREAS, the Airport Board recommends approval of the Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
of the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a First
Amendment to an Agricultural Lease agreement between the City of Denton and Larry Downe at
the Denton Municipal Airport, in substantially the form of the First Amendment to the
Agricultural Lease Agreement which is attached to and made a part of this ordinance for all
purposes and to exercise all rights and duties of the City of Denton under the Airport Lease
Agreement.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the P day of 2009.
M RK A. A OUG MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 0 l X
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
FIRST AMENDMENT TO
AGRICULTURAL LEASE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This First Amendment to that certain Agricultural Lease Agreement which was made and
executed on October 15, 2004 at Denton, Texas, by and between the City of Denton, Texas, a
municipal corporation, hereinafter referred to as "Lessor," and Mr. Larry Downe, hereinafter
referred to as "Lessee".
WITNESSETH:
WHEREAS, the Lessor and the Lessee has requested an amendment of the Lease term
and the City Manager and the Airport Advisory Board support the amendment of the Lease;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
PARAGRAPH 1 OF THE LEASE IS HEREBY AMENDED TO READ AS FOLLOWS:
1. The term of this Lease shall be for a period of one year, beginning on
the 5th day of October 2009, and continuing through the 4th day of
October 2010. Lessee shall have the right to renew the Lease on an
annual basis with approval of the City Council. If Lessee desires to
renew this Lease, Lessee shall file with Lessor written notice of its
intent to renew for each additional one-year term not less than sixty
days (60) prior to the end of the term of this lease. Lessor shall have
the right to adjust the compensation Lessee is required to pay, as set
forth in Section 3 hereof, if Lessor's consultation with the Denton
County Agricultural Extension Office reveals that the average rental
price of farm land in Denton County has increased by more than five
percent (5%) over the rent provided in Section 3. Lessor shall notify
Lessee in writing of any adjustment in the rental at least 30 days prior
to such adjustment.
PARAGRAPH 3 OF THE LEASE IS HEREBY AMENDED TO READ AS
FOLLOWS:
3. Lessee agrees to pay Lessor in cash and as partial rental for the above-
described property, the sum of Five Thousand, One Hundred and
Seventy ($5,170.00) Dollars, which is $22.00 per acre for 235 acres of
land per year. This rental shall be payable in two (2) semi-yearly
installments of Two Thousand, Five Hundred and Eighty-Five
($2,585.00) Dollars each, the first installment paid on or before
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PARAGRAPH 4 AND 4A OF THE LEASE ARE HEREBY AMENDED TO
READ AS FOLLOWS:
4. Land Area Available: Approximately 235 acres of land is available for
agricultural usage as follows:
A. Approximately 235 acres of usable land on the west side of the
Airport.
ALL OTHER PROVISIONS OF THE LEASE AGREEMENT REMAIN IN FULL
FORCE AND EFFECT.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year above first written.
BY LESSOR:
GE RG C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
BY LESSEE:
efty OWNE
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the J60 day of `7 /yU„Q m k." ,
20-, by Larry Downe.
im"M SAM
[SEAL] No ary Public, State of Texas
My Commission Expires
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the l`am` day of
,
20 by George Campbell, City Manager on behalf the City of Denton, Texas, a municipal
corporation.
JANE E. RICHARDSON (216 e
` j Notary Public, State of Texas T otary Public, State of Texas
My Commission Expires s~ ~D/2
/ <J
June 27, 2013 My Commission Expires
1~
(or Notary Stamp)
3