2006-021
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C:\DOCUME-i\hlprouty\LOCALS-l\Temp\ORD.US r:light Academy 05.doc
ORDINANCE NO. ,2 OO?r(} 2 /
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM US FLIGHT ACADEMY, LLC. TO US AVIATION GROUP, LLC,
LOCATED AT 4850 SPARTAN DRIVE AT THE DENTON MUNICIPAL AIRPORT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, US Flight Academy, LLC. has requested that its Airport Lease Agreement
Commercial Operator at 4850 Spartan Drive dated February 19, 2002 be assigned to US
Aviation Group, LLC; and
WHEREAS, the Airport Board has approved the Assignment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment;
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 US Flight Academy, LLC. to US Aviation Group, LLC., 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 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /7M day of gf1J1./lll/lr ' 2006.
C~~cL
EULINE BROCK, MAYOR
....... ..
C:\DOCUME-I \hlprouty\LOCALS-l \Tcmp\ORD.US Flight Academy OS.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY ~A"ll t~ uJalh ,"0
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY tlfU/!4
Page 2 of2
T:\A New Developmcnt\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE:
January 17, 2006
ASSIGNOR: US Flight Academy, LLC
ASSIGNEE: US Aviation Group, LLC
LEASE:
Date:
Landlord:
Tenant:
Premises:
February 19, 2002
City of Denton, Texas
US Flight Academy, LLC.
The property located at 4850 Spartan Drive, 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:
I. 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 pnor 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 US Flight Academy, LLC., Todd..Coffee, Managing Director, Assignor
~\~
Todd Coffee, Managin
T:\A New Development\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc
For US Aviation Group, LLC, Assignee
~
Manager
Mike Sykes, G
City of Denton, Landlord
Howard Martin, Interim ity Manager
Attest:
Jennifer Walters, City Secretary
Approved as to Legal Form:
Edwin M. Snyder, City Attorney
B"~~
STATE OF TEXAS
COUNTY OF DENTON
..;vt
This instrument was acknowledged before me on the.> day of :!c-lJc.c<<.ry ,
20 Db , by Todd Coffee, Managing Director of US Flight Academy, LLC., a State of Texas
corporation, on behalf of said corporation.
ir~..'~'~..,
.- .*
~\. ..;r
'1"iNi'~
DOnrl3 A Davis
My ''':ommission Expires
11/15/2009
~().~
Notary Public, State of Texas
My Commission Expires 1//;),5'/0 'J
I .
(or Notary Stamp)
[SEAL]
Page 2 of3
T:\A New Development\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day of ~ ~
20 Olo, by Mike Sykes, General Manager, US Aviation Group, LLC., State of as
corporation on behalf of said corporation.
~?~~
..:.A..:..
..~...
.~
JOAN M. DAVIS
MY COMMISSION EXPIRES
May 16,2006
ot y Public, State of Texas
Commission Expires ,-5- /10- 00
(or Notary Stamp)
[SEAL]
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 1m day of ~~,
20fJJ:L, by Howard Martin, Interim City Manager on behalf the City of enton, Te s, a
municipal corporation.
[S
J....NE E. RICH....RDSON
Notary Public. State of "fexas
My Commission ExpIres
June 27, 2009
(lllle. ~dtUtUW
N ary Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 of3
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jI' S 88"53'12- E 2&8.86'
N/W COR LOT 1
BLOCK1 SOlJTHEAST
AIRPORT ADDITION
ATTACHMENT A
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INTER PT
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This survey was prepared without benefit of 0 schedule 8 or htle bmder
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ISBELL ~
ENGINEERING
GROUP, me.
DENTON AIRPORT
DENTON, TX
TODD COFFEE
SCALE: 1" = 1 00'
n SHEET NO.
U F~1, 2002
Project C02000
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ATTACHMENTB
METES AND BOUNDS DESCRIPTION
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FIELD NOTES to all thol certain tract of land situaled in the City ond County of Denton, Texas and being a porl of lot 1
Block 1 of the Southeast Airport Addition on addition in the City of Denton. according to the Plot thereof recorded in Cobine:
G Page 295 of the Pial Records of Denton County, Texas: the subjeel lrad being more particularly described os follows;
COMMENCING at 0 brass cap found set in asphalt on the Easlern side of 0 taxiway at the Northwest corner of said lot 1:
THENCE South 88 Degrees 5J Minutes 12 Seconds East with the North line of soid lot 1 0 distance of 258.85 feet to 0 point
for corner;
THENCE South 01 Degrees 2J Minutes 50 Seconds West 0 distance of 129.80 feel to a W' copped iron rod found for the
PLACE OF BEGINNING being the Northwest corner of the herein described trod;
THENCE South 88 Degrees .36 Minutes 10 Seconds East with the South line of 0 variable width taxiway, drainage and utility
easement os shown on said Plot a distance of 200.00 feel to 0 W' capped iron rod found for the Nartheast corner of the
herein described troel;
THENCE South 01 Degrees 23 Minutes 50 Secands West 0 distance of 170.00 feet to 0 ~ ~ copped iron rod found for the
Southeost corner of the herein described tract on the North line of 0 60 foot access, drainage and utility easement os show.~
on said Plot;
THENCE North 88 Degrees J6 Minutes 10 Seconds West with the North line thereof 0 distance of 200.00 feet to a ~~ iron rcd
found for the Southwest corner of the herein described tract;
THENCE North 01 Degrees 23 Minutes 50 seconds East with the East line of the above mentioned variable width easement 0
distance of 170.00 feel to the PLACE OF BEGINNING and enclosing 0.78 of Gn acre of land.
These Field Notes with the accompanying sketch were prepared from on on-the-ground survey. mode by me on January 31,
2002. ~r~ visible ar apparent intrusions. protrusions ar easements except as shown hereon.
~~ __;1' ~_ ~-Z:~~Z--
~hoel J. Kern RPlS1fo~58 Do~-'='-
This survey was prepared without benefit af 0 schedule B or titre binder
ill
:II ISBELL ~ DENTON AIRPORT ~ SHEET NO.
ENGINEERING DENTON, TX C1
GROUP, INC.
Project C02000 TODD COFFEE SCALE: 1" = 100' FEB. 1, 2002
1 7