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2009-240k\codad\departments\legal\our documents\ordinances\09\airport ntdenton leasing termination.doc ORDINANCE NO. 20J9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN AIRPORT LEASE DATED JUNE 215 2005 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND NTDENTON LEASING, INC.; AUTHORIZING THE CITY ATTORNEY OR HER DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION TO EFFECTUATE THE TERMINATION; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City") and NTDenton Leasing, Inc. (NTDenton Leasing) entered into that certain Airport Operator Lease Agreement dated June 21, 2005 (the "Lease Agreement") whereby the City leased to NTDenton Leasing for aviation purposes an approximately 150 feet by 170 feet or 0.5854 acres of land more particularly described in the Lease Agreement which is incorporated herein by reference (the "Leased Property"); and WHEREAS, pursuant to the Lease Agreement, NTDenton Leasing has the duty and obligation to construct a hangar facility of not less than 10,000 square feet with taxiway access and appropriate culverts or drainage ("Lessee's Improvements") to be completed not more than 720 days from June 21, 2005, the effective date of the Lease Agreement; and WHEREAS, NTDenton Leasing's obligation to complete the Lessee's Improvements within this time period is a material obligation of NTDenton Leasing under the Lease Agreement; and WHEREAS, on or about July 1, 2009, the City gave NTDenton Leasing notice ("Notice") that 720 days had elapsed without the required Lessee's Improvements being completed, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, despite the July 1, 2009 Notice, NTDenton Leasing failed or refused to complete the Lessee's Improvements within the required time; and WHEREAS, the July 1, 2009 Notice informs NTDenton Leasing that failure to complete the Lessee's Improvements within the required construction period will result in the termination and cancellation of the Lease Agreement upon 30 days written notice of cancellation to NTDenton Leasing; and WHEREAS, to date, which is over 30 days since the Notice was received by NTDenton Leasing and NTDenton Leasing has failed to complete the construction of the Lessee's Improvements for the Leased Property; and \\codad\departments\legal\our documents\ordinances\09\airport ntdenton leasing termination.doc WHEREAS, the City Council finds that terminating and cancelling the Lease Agreement in accordance with the Airport Advisory Board's recommendation would be in the public interest; NOW, THEREFORE, THE CITY 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 City Council hereby terminates and cancels the Lease Agreement due to nonperformance of a material obligation of NTDenton Leasing under the Lease Agreement. The said termination is effective upon 30 days written notice of termination and cancellation to Lessee. The City Manager or his designee is hereby authorized and directed to give notice of this termination and cancellation to NTDenton Leasing. Should legal action be required to effectuate the termination and cancellation of the Lease Agreement and/or if it should become necessary to file legal action to remove NTDenton Leasing from the Leased Property or to determine the rights and obligations of the parties under the Lease Agreement, the City Attorney, or her designee, is hereby authorized to file such legal actions on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. )R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A W APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: a, EXHIBIT A Denton Airport The North Texas Airport of Choice 5000 AIRPORT RD -DENTON, TEXAS 76207 -(940) 349-7736 -FAX (940) 349-7289 DENTON MUNICIPAL AIRPORT June 26, 2009 Charles Jones NTDenton Leasing, Inc. 6901 Redbud Drive Flower Mound, Texas 75022 Re: Lease Termination Notice: CERTIFIED LETTER NUMBER: 7005 3110 0003 0516 1988 RETURN RECEIPT REQUESTED Dear Mr. Jones, This letter will confirm that your Commercial Airport Operator Lease Agreement between NTDenton Leasing, Inc. and the City of Denton dated June 21, 2005 for the property identified as 4600 Spartan Drive is terminated effective thirty days following receipt of this notice. This action is in conformance with the provision in Section II, D of said lease which states in part: Notwithstanding anything contained in this Lease Agreement to the contrary, a failure to commence the Lessee's Improvements within the Commencement Period or to complete the Lessee's Improvements within the Construction period may, at the sole option and discretion of the Lessor, result in the immediate termination and cancellation of this Lease Agreement upon 30 days written notice of cancellation to Lessee. In such case Lessee's rights under the Lease Agreement will immediately cease and be forfeited, and all of Lessee's Improvements shall immediately become the property of Lessor at no cost, expense or other compensation paid by Lessor to Lessee; and Lessee shall immediately vacate the Leased Premises. You may contact the Denton Airport Manager if you need additional information regarding this lease termination- notice: "Dedicated to Quality Service" www.cityofdenton.com Lease Termination Notice June 30, 2009 Page 2 Cc: Mark Nelson, Director of Transportation George Campbell, City Manager Anita Burgess, City Attorney Andrea Sumner, Airport Operations Coordinator