2008-254sAour documents\ordinanceAftebrig assignment.doc
ORDINANCE NO. Qd 25~
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM CHARLIE N. DAVIS, III TO NEBRIG PROPERTIES, L.P. LOCATED AT
4650 JOHN CARRELL DRIVE AT THE DENTON MUNICIPAL AIRPORT AND
PROVIDING LESSEE TO CONDUCT FLIGHT TRAINING AND FUELING ON THE
LEASEHOLD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Charlie N. Davis, III has requested that his Airport Lease Agreement
Commercial Operator at 4650 John Carrell Drive dated April 4, 2001 and amended on January
17, 2006 be assigned to Nebrig Properties, L.P., and
WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
and the amendment to extend 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 an
Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the
Denton Municipal Airport from Charlie N. Davis, II to Nebrig Properties, L.P. in substantially
the form of the Assignment attached to and made a part of this Ordinance for all purposes, to
evidence the City's consent to the Assignment.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute an
Amendment to the Commercial Operator Airport Lease with Charlie N. Davis, Inc. that permits
the lessee to conduct flight training operations and conduct fueling on the leasehold, in
substantially the form of the Amendment attached to and made a part of this Ordinance for all
purposes.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -day of 2008.
MA BU UG , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~V..A " 0 6
U
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE: September 1, 2008
ASSIGNOR: Charles N. Davis, III
ASSIGNEE: Nebrig Pr
LEASE: Date:
Landlord:
Tenant:
Premises:
:)perty, LP
April 17, 2001
City of Denton, Texas
Charles N. Davis, III
The property located at 4650 John Carrel Road, Denton, Texas
75207 and more fully described in the Attachment A and B which
is made part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's 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 purchase from Assignor prior to this
Assignment becoming effective.
Landlord consents to this assignment, Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of Landlord's consent to this Assignment
that:
1. Assignor will remain liable on the Lease should Assignee default
on the Lease.
2. Assignor will pay or will have the Assignee pay the Landlord a
$500 transfer fee.
3. Assignor will pay or will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment,
including, without limitation, all Landlord's reasonable attorneys'
fees and Landlord's staff time associated with this assignment.
PREVIOUS ASSIGNMENTS:
Triangle Aviation, Inc. to Charles N. Davis, III, dated
January 17, 2006.
[Signature Page Follows]
DAL:716197.1
CHARLES N. DAV S I, Assignor
NEBRIG PROPERTY, LP, Assignee
By:
Name: 1 =
Title: c, L
CITY OF DENTON, Landlord
By:
Name: ,?ange 1. L~ be/
Title: !Gr/JGl LP'
Attest:
City Secretary
I
By:
Approv d as to Agal Form:
Rc~ ~-lc~e ss , City Attorney
By: Zg'K 1:7-1- - ~
DAL:716197.1
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 1~ day of &av , 2008, by
Charles N. Davis, III.
9R~~fi " phy, C*,"
• JOAN M. DAVIS 'qy ff~ No Public, State of Texas
I / -
s•X MY COMMISSION May 16.2010 EXPIRES
.F
May M ommisslon Expires:
IT
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day of 2008, by
Gg0/Z!2 eWi behalf of the City of Denton, Texas, a municipal corporation.
U
?.~r• JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
JUnG 27, 2009
N tary Public, State of Texas
My Commission Expires:
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the A day of 2008, by
on behalf of Nebng Property, LP.
JOAN M. DAVIS
I • : MY COMMISSION EXPIRES
May 16.2010
o Public, State of Texas
y C mmission Expires:
otary Stamp)
DAL:716197.1
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ATTACBMENT "B"
FIELD NOTES to all that certain tractor parcel of land tying and being situated in the wIllam Neil
Survey. Abstract Number 9701n the City of Denton. Denton County. Texas and being a part of Lot
1. Block i of the Southeast Alrport Addition, an addition in the City of Denton. Denton County,
Texas, according to the plat thereof recorded in Cabinet G. Page 295 of the Plat Records of
Denton County. Texas, and being more particularly described as follows:
COMMENCING at the most Westerly Southwest Corner of said Lot 1, Block 1:
THENCE North 08 Degrees 36 Minutes 21 Seconds East with the West fine of safd Lot 1, a
distance of 936.72 feel:
THENCE South 88 Degrees 38 Minutes 10 Seconds East, a distance of 913.34 feet to a 1/2 inch
lion Rod Found at the Northwest corner of the herein described Tract in the South line of a 130 foot
taxiway, drainage, and utility easement:
THENCE South 88 Degrees 41 Minutes 08 Seconds East with the North line of the subject tract
and the South fine of said 130 foot easement, a distance of 100.00 feet to a 112 Inch Capped Iron
Rod Set for the Northeast comer of the herein described tract:
THENCE South 01 Degrees 22 Minutes 17 Seconds West with the East line of the subject tract, a
distance of 180.00 feet to 12 Inch Capped Iron Rod Set for the Southeast corner of the herein
described tract:
THENCE North 88 Degrees 37 Minutes 343 Seconds West with the South fine of the subject tract,
a distance of 100.00 feet to a 112 Inch Iron Rod Found for the Southwest comer of the herein
described tract:
THENCE North 01 Degrees 22 Minutes 17 Seconds East with the West One of the subject tract a
distance of 179.90 feet to the Point-of-Beginning, and oonlaining in all 0.41 of an acre of land.
more or less.
These field notes with the accompanying sketch were prepared from an on-theVound survey
made under my direction and supervision on 03-19-01. -
FLOOD STATEMENT: I have examined the F.E.M.A. Flood Insurance Rate Map for the City of
Ponder. Denton County, Texas. Community Panel No. 480194, effective date 3-30-98 and that
map indicates that this property is in Zone X which Is defined as -Areas determined to be outside
of the 500 year flood- as shown on Panel 0355 E of said map.
J.E. THOMPSON R LS. 4857 Date t; c~C o~
PIC
17
sAour documents\contracts\08\nebrig -davis 2nd amendment.doc
SECOND AMENDMENT TO
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
This Second Amendment to that certain Airport Lease Agreement Commercial Operator
which was made and executed on April 17, 2001 at Denton, Texas, by and between the City of
Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor," and Mr. John
Brown, President, Triangle Aviation, Inc. having principal offices at 11505 Airway Boulevard,
Roanoke, Texas 76262, hereinafter referred to as "Lessee" which was assigned to Mr. Charles N.
Davis, III on January 17, 2006 and which lease is simultaneously with this Amendment being
assigned to Nebrig Properties, L.P. "Assignee".
WITNESSETH:
WHEREAS, the Assignee and the Lessee has requested that right of Flight Training and
Aviation Fueling Operations be authorized as part of the Lease and the City Manager and the
Airport Advisory Board support the expanded rights of the Lease;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION 1. Section V. "Rights and Obligations of Lessee" is hereby amended to
provide for the following:
6) Flight Training - to perform aircraft and/or helicopter flight training,
provided such training meets all appropriate FAA regulations.
7 Fueling - so long as the premises described within this lease, Section II
"Lease Premises" remains in the ownership of Nebrig Property, L.P., this
leasehold shall enjoy the fueling rights outlined in the Nebrig Property,
L.P. lease dated October 5, 1999 established by Ordinance 99-372 and
amended by Ordinance 2000-290 dated September 5, 2000.
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Lease shall 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:
~~,(22-
GE G C. CAMPBEL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
f~
BY: Osnv II Q
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
BY LESSEE:
MIKE NEBRIG, VANAGING PARTNER
Page 2 of 3
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the .ZZed day of
20C~b-, by Mike Nebrig.
[SEAL
JOAN M. DAVIS
: MY COMMISSION EXPIRES
~'e.'wtMay 16, 2010
STATE OF TEXAS
COUNTY OF DENTON
o ary u lic, State of exas
Commission Expires (p
(or Notary Stamp)
q
This instrument was acknowledged before me on the Z/- day of
20499 , by George Campbell, City Manager on behalf the City of Denton, Texas, a municipal
corporation.
[SEAL]
JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
June 27, =9
,y~f oma~r
N ary Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 of 3