2010-054s:l~ur documentslordina~ieesll Olair~ort mnn~gamery lease amend~ilent ordina~~ce.doc
ORDINANCE NO. ~O oy~5~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A FIRST
AMENDIVIENT TO AN AIRPORT LEASE DATED DECEMBER 1, 199 BETWEEN THE
CITY OF DENTON, TEAS AND TONY IVIONTGOMERY AT THE DENTON MUNCIPAL
AIRPORT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain real property upon the Denton Municipal Airpoz~t was leased to Tony
Montgomery in an Airport Lease Agreement, and
WHEREAS, the City of Denton and Lessee desire to amend the lease agreement, and
WHEREAS, the Airpoz~t 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 Airport Lease Agreement between the City of Denton and Tony Montgomery
at the Denton Municipal Airpot~t 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,
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SECTION 2, This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of ~ ~ 2010,
MAR -A, B- OU HS, MAYOR
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ATTEST:
JENNIFER SALTERS, CITY SECRETARY
BY'
APPROVED AS T~ LEGAL FARM;
ANITA BURGES S, CITY ATTORNEY
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FIRST AMENDMENT T4
PAD SITE AIRPORT LEASE
BETWEEN CITY ~F DENTON AND TUNY MGNTGUMERY
THE STATE ~F TEXAS §
§ I~N~W ALL MEN BY THESE PRESENTS
CUUNTY ~F DENTON ~
This First Amendment to that certain Pad Site Lease which was first made and executed
on December 1, 1989 at Denton, Texas, by and between the City of Denton, Texas, a municipal
corporation, hereinafter referred to as "Lessor," and Tony Montgomery, hereinafter referred to as
"Lessee".
WITNES SETH;
WHEREAS, tl~e Lessor and the Lessee have requested an amendment of the Lease term
and the City Manager and the Airpo~~t Advisory Board suppot~t the amendment of the Lease;
NSW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the panties agree as follows;
SECTION III, -TERM OF THE LEASE IS HEREBY AMENDED T~ READ AS
FULL~WS:
The term of this lease shall be for a period of nine ~9} months, on a
month-to-month basis, commencing on the 1 st day December X009
and continuing through the 31st day August 2010, unless earlier
terminated under the provisions of the Lease,
II
SECTION -INDEMNITY OF THE LEASE IS HEREBY AMENDED TO ~
READ AS FOLLOWS:
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Indemn~t .Lessee must indemnify, hold ha~•mless and defend the
Lessor, its officers, agents and employees, from and against
liability for any and all claims, liens, suits, demands andlor actions
far damages, injuries to persons including death}, property
damage, including loss of use}, and expenses, including court
costs, attorneys' fees and other reasonable costs, occasioned by or
incidental to the Lessee's occupancy or use of the Leased Premises
or the Airport andlar 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, agents employees, invitees or
other persons. Lessee must at all times exercise reasonable
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precautions on behalf of, and be solely respansible far, 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 the use of the Leased Premises, The
Lessor is not liable or respansible for the negligence or intentional
acts or omissions of the Lessee, its officers, 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, whether real ar 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 p~•ovision 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
CONSE 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 PERS ON OR ENTITY.
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:
GEORGE C. CAMPBELL
CITY MANAGER
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ATTEST:
JENNIFER ~VALTERS, CITY SECRETARY
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BY;
APPROVED AS TO LEGAL FORM:
ANITA BURGES S, CITY ATTORNEY
BY;
BY LESSEE:
TONY MONTGOM RY
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day of ,
20 , by Tony Montgomery.
~SEAL~ ~ N Lary Public, State of Texas
M Commission Ex Tres ~ ~~r y ~ Y p ~
far Notary Stamps
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of ~~f ,
20~, by George Campbell, City Manager on behalf the City of Denton, Texas, a mu cipal
corporation,
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