2010-053s:lour dacumencslordinai~cesll ~lairport eval~s lease amet~diTaent prdi~jance.doc
ORDINANCE N0. 1 ~r0 ~ ~
AN ORDINANCE AUTHnRI.ZING THE CITY MANAGER TC APPROVE A FIRST
AMENDMENT TO AN AIRPORT LEASE DATED DECEMBER 1, I989 BETWEEN THE
CITY CF DENTIN, TEAS AND WILLIAM EVANS AT THE DENTUN Mt]NCIPAL
AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal Airport was leased to
William Evans in an Airport Lease Agreement, and
WHEREAS, the City of Denton and Lessee desire to amend tl~e 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 tlae Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTIN HEREBY ORDAINS
SECTION 1, The City Manager or his designee is hereby autho~•ized to execute a First
Amendment to an Airport Lease Agreement between the City of Denton and William. Evans at
the Denton Municipal Airport which is attached to and made a part of this ordinance for all
purposes and to exercise all tights 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 day of 2010,
i
1
MARK A, ~ HS, MAYOR
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ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FARM:
ANITA BURGESS, CITY ATTaRNEY
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FIRST AMENDMENT TO
PAD SITE AIRPORT LEASE
BETWEEN CITY 4F DENTIN AND 'WILLIAM EVANS
THE STATE OF TExAS ~
~ KNEW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON ~
This First Amendment to that certain Pad Site Lease which was fi~•st made and executed
on December 1, 1959 at Denton, Texas, by and between the City of Denton, Texas, a municipal
co~•poration, hereinafter refen•ed to as "Lessor," and William Evans, he~•einafter referred to as
"Lessee".
~UITNESSETH:
WHEREAS, the Lessor and the Lessee have 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:
SECTION III, w TERM OF THE LEASE IS HEREBY AMENDED TO READ AS
FOLLOWS:
The term of this lease shall be for a period of nine (9}months, on a
month~to~month basis, commencing on the 1St day December 2009
and continuing through the 31St day August 2010, unless earlier
terminated under the provisions of the Lease.
SECTION ~ INDEMNITY OF THE LEASE IS HEREBY AMENDED TO
READ AS FOLLOWS:
Indemnit ,Lessee must indemnify, hold harmless and defend the
Lessor, its officers, agents and employees, from and against
liability for any and all claims, liens, suits, demands andlor actions
for damages, injuries to persons including death}, prope~~y
damage, including loss of use}, and expenses, including court
costs, attozneys' fees and other reasonable costs, occasioned by or
incidental to the Lessee's occupancy or use of the Leased Premises
or the Airport andlor activities conducted in connection with or
incidental to this Lease Agreement, including all such causes of
action based on common, constitutional or statutory law, or based
in whole or in part upon the negligent or intentional acts or
omissions of Lessee, its officers, agezats employees, invitees or
other persons. Lessee must at all times exercise reasonable
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precautions on behalf of, and be solely responsible for, the safety
of its officers, employees, agents, customers, visitors, invitees,
licensees and other persons, as well as their property, while in, on,
or involved in any way with tlae use of the Leased Premises. The
Lessor is not liable or responsible for the negligence or intentional
acts or omissions of the Lessee, its afficers, agents, employees,
agents, customers, visitors and other persons. The Lessor shall
assume no responsibility or liability for harm, injury, or any
damaging events which are directly or indirectly attributable to
premise defects, whethe~• real or alleged, which may now exist or
which may hereafter arise upon the Leased Premises,
responsibility for all such defects being expressly assumed by the
Lessee, The Lessee agrees that this indemnity provision applies to
all claims, suits, demands, and actions arising from all premise
defects or conditions.
THE LESSOR AND THE LESSEE EXPRESSLY INTEND THIS
INDEMNITY PROVISION TO RE DIRE LESSEE TO
INDEMNIFY AND PROTECT THE LESSOR FROM THE
COHSE UENCES OF THE LESSOR'S OWN NEGLIGENCE
WHILE LESSOR IS PARTICIPATING IN THIS LEASE
AGREEMENT WHERE THAT NEGLIGENCE IS A
CONCURRING CAUSE OF THE INJURY DEATH OR
DAMAGE, NOTWITHSTANDING THE TERMS OF THE
PRECEDING SENTENCES THIS INDEMNITY PROVISION
DOES NOT APPLY TO ANY CLAIM LOSS DAMAGE
CAUSE OF ACTION SUIT AND LIABILITY WHERE THE
INJURY DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE LESSOR OR ANY OF ITS
EMPLOYEES CONTRACTORS OR AGENTS UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
ALL OTHER PROVISIONS OF THE LEASE AGREEMENT REMAIN IN FULL
FORCE AND EFFECT.
IN WITNESS WHEREOF, the panties have executed this Agreement as of the day and
year above first written.
BY LESSOR:
GEORGE C, CAMPBELL
CITY MANAGER
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. . . .
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
BY:
APPROVED AS TD LEGAL FGRM:
ANITA BURGESS, CITY ATTORNEY
BY:
BY LESS ' :
I L AM EVANS
STATE aF TEXAS
COUNTY OF DENTUN
This instrument was acknowledged before me on the day of ~ ,
20 r ~ , by William Evans.
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[SEAL] N Lary Public, State of Texas
My Commission Expires
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STATE GF TEXAS
COUNTY aF DENTDN
This instrument was acknowledged before me on the day of ,
20 , b Geor e Cam bell, Cit Mana er on behalf the Cit of Denton, Texas, a m ici al Y g p Y g Y p
corporation.
, wA~~~~s otary P blic, State of Texas ~~,r y ~b~' Nata~y ~~~bli~, ~tat~ o~ ~'~x~s My Co mission Expires ~
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