2006-020
S:\Our Documents\Ordinances\06\Assignment of pad site Triange-Davis.doc
ORDINANCE NO. -2 CJOer 02 {}
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM TRIANGLE AVIATION, INe. TO CHARLES N. DAVIS, III, LOCATED
AT 4650 JOHN CARRELL ROAD AT THE DENTON MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT EXTENDING
THE TERM OF THE LEASE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Triangle Aviation, Inc. has requested that its Airport Lease Agreement
Commercial Operator at 4650 John Carrell Road dated April 4, 2001 be assigned to Charles N.
Davis III; and
WHEREAS, Mr. Davis has requested that the Lease be amended to extend the term for
five years and the City Manager recommends an increase in the rental for this period; 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 I. 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 Triangle Aviation Inc. to Charles N. Davis III, 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 Triangle Aviation, Inc. that extends
the term of the Lease for five years and increases the rental, 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
/11:HAay of qih7///1/J ~ ,2006.
C~~CL
EULINE BROCK, MAYOR
$:\Our Documents\Ordinances\06\Assignment of pad site Triange~Davis.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~t-Il )I1J1M 4-'
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~~d,Jj
BY:
Page 2 of2
s:\Our Documents\Contracts\06\Triangle Aviation.Davis Assignment.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE:
January 17,2006
ASSIGNOR: Triangle Aviation, Inc.
ASSIGNEE: Charles N. Davis, III
LEASE:
Date:
Landlord:
Tenant:
Premises:
April 17, 2001
City of Denton, Texas
Triangle Aviation, Inc.
The property located at 4650 John Carrel Road, Denton, Texas
76207 and more fully described in the Attachment A and B which
is made a 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:
I. Assignor will remain liable on the Lease should Assignee default on the
Lease.
2. Assignor will payor will have the Assignee pay the Landlord a $500
transfer fee.
3. Assignor will payor 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: None
For Triangle Aviation, Inc. John Brown, President, Assignor
d~/ J~
. S:\Our Documents\Contracts\06\Traingle Avilltion.Davis Assignmcnt.doc
Charles N. Davis, 1II
City of Denton, Landlord
Attest:
Jennifer Walters, City Secretary
BY~""~\ \)~~ \-0, "
Approved as to Legal Form:
Edwin M. Snyder, City Attorney
By: t?~~4
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day Of~
20&, by John Brown, President of Triangle Aviation, Inc., a State of Te ' corporation,
behalf of said corporation.
[SEAL]
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JOAN M, DAViS
MY COMMISSION EXPIRES
May 16,2006
'a-(j(/r-
No Public, State of Texas
y Commission Expires~~
(or Notary Stamp)
Page 2 of3
, S:\Our Docwnents\Contracts\06\Traingle Aviatioo.Davis Assignment.doc
STATE OF TEXAS
COUNTY OF DENTON 5(!'i '.
Thi. """""'ro. WM ~Irnowl_ .ofore = 00 fu''&: it, of ff'W~
20DftL, by Charles N. Davis, III.
[SEAL]
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JOAN M. DAVIS
MY COMMISSION EXPIRES
May 16,2006
tary ublic, State of Texas
y Commission Expires , I)-I b - 00
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
, This instnunent was acknowledged before me on thei!lil1 day of ~Jj J]1j-"
20~, by Howard Martin, Interim City Manager on behalf the City of enton, Te ,a
municipal corporation.
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JANE E. RICHARDSON
Notary Public. State of ~exas
My Commission ExpIres
June 27, 2009
~f e IOfl1rurllJ)t)
N Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 oD
ATtACHMENT "An
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ATTACHMENT "B"
fiELD NOTES to all thai certilin treel or parcel or land tying end beiog situated intha WlIlam Nefl
Survey. AbstrDcl Number 970 in tl1e City of Denton. Denlon County. Texas and being a part or lot
1. Block 1 o( the Southeest Airport Addition. an addition ill the City of Denton. Denlon County.
Texas. according to the plat thereof recorded in Cabinet G. Page 295 of the Plat Records of
Denton County, Telfas. and being more particularty described as follows;
COMMENCING at the mosl Westerly Southwest Corner of said Loll. Block 1:
THENCE North 08 Degrees 36 Minutes 21 Seconds East with the West line Of said lot 1. a
distance 01 936.22 feel;
THENCE South 88 Degrees 36 Minutes 10 Seconds EaSI. a distance of 913.34 feet to a 112 Inch
Iron Rod Found allhe Northwest corner of the herein described tract in the South I1n& of a 130 foot
laxiway, drainage, and utiHty easement
.
THENCE South 88 Degrees 41 Minutes 08 Seconds East 'Nilh the North Une or the subjod tract
and the South tine d. sBid 130 fool easement, a dlstam::e of 100.00 (eet to a 112 Inch capped Iron
Rod 5el for the Nor1heest comer of lhe herein described tract;
THENCE South 01 Degrees 22 Minules 17 Seconds West with the East One of Ihe subject tract. a
distance of 180.00 feet 10 112 Inch Capped Iron Rod Set for Ihe Southeast comer of the herein
described tract
THENCE North Sa: Degrees 37 Minutes 343 SecOfIds West with the South nne of the subject tract.
a distance of 100.00 feet to a 112 Inch Iron Rod Found 'or lhe Southwest comer olthe herein
described tract;
THENce North 01 Degrees 22 Minules 17 Seconds EastYAth the Weslline of the subject tract a
distance o( 179.90 reet to Ihe Point-of.Beginning, and containing in all 0.41 oran acre o( land.
more or less.
These fteld notes with the accompanying sketCh were ptepaled (rom an on~he-grQund survey
made Linder my djre~Uon and supervision on 03.19--01. .
l=lOOO STATEMENT: I have examined the F ,E.M.A. Flood Insurance Rate Map for the City of
Ponder. Denton County, Tens. Community Panel No. 480194. errective datB 3-30-98 and that
map indicates that thIs property Is In Zone X which Is defined as -Areas determined 10 be oulside
of the 500 year Rood" as shO'tYl'l on Panel 0355 E of said map.
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S:\Our Documents\Contracts\06\Triangle First Amendment.doc
FIRST AMENDMENT TO
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS
s
s
s
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
This First 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 lease is simultaneously with
this Amendment being assigned to Charles N. Davis, III "Assignee".
WITNESSETH:
WHEREAS, the Assignee and the Lessee has requested an extension of the Lease for five
years and the City Manager and the Airport Advisory Board support the extension of the Leasc;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION I. Section III. "Term" is hereby amended to read as follows:
III. Term. The term of this Agreement shall be extended for a period of
five (5) years, commencing on the I" day of May 2031, and continuing
through the last day of April 2036, in addition to the initial term of thirty
(30) years from May I, 2001 through the last day of April, 2031, unless
earlier terminated under the provisions of the Agreement. Any attempt by
Lessee to renegotiate this Lease shall be in writing addressed to the City
Manager or his designee at least one hundred eighty (180) days before the
expiration of the stated term of this Lease, and at least 180 days before the
expiration of any additional renegotiated period. Lessee has the option to
renew for two (2) additional ten (10) year terms. The rental and terms to
be negotiated shall be reasonable and consistent with the then value,
rentals and terms of similar property on the airport.
SECTION 2. Section IV. "Payments, Rentals and Fees" is hereby amended by adding
the following paragraph which shall read as follows;
A. Begiuning May 1,2031 through the end of the term of the Lease,
the rental will be increased by $0.05 per square foot over the then
adjusted yearly rental as determined by Section IV.C. hereof.
Lessee has the option to pay annual rentals and fees in whole on or
S:\Our Documents\Contracts\06\Triangle First Amendment.doc
before the I" day of October, at the beginning of the City's fiscal
year, each and every year of this lease.
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Lease shall remain in full force and effect, but the
notarization should be for Charles N. Davis, III as opposed to Triangle Aviation.
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and
year above first written.
BY LESSOR:
'~WA /!1ffJ\~
HOWARD MARTIN \:
INTERIM CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"'~+ W!!.~k-v
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: qt~jJP4
Page 2 of3
S:\Our Documents\Contracts\06\Triangle First Amendment.doc
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on thejrl day Of~ '
2~, by Charles N. Davis, III.
[SEAL]
r.;,;;Fi~
\~~$
"~P,I:.....
JOAN M. DAVIS
MY COMMISSION EXPIRES
May 16,2006
ot Public, State of Texas
Commission Expires, f). ) 10- rY.o
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the tl!ftday of
20& by Howard Martin, Interim City Manager on behalf the City of
municipal corporation.
[SEAL]
",~t~.~~;;~;'f. JANE E, RICHARDSON
I~~' "~"'a Notary Public, State of Texas
~ ~ .:..E Ml Commission Expires
~oi\}i _ Juno 371 3009
~f ~ ;ZriA{ud~ft()
N ary Public, State of Texas
My Commission Expires
(or Notary Stamp)
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