2007-063
S:\Our Documents\Ordinances\07\Airport Lease Addendum - SAM Fuel Fann.doc
ORDINANCE NO. 200?-Ob3
AN ORDINANCE APPROVING AN ADDENDUM TO A FIXED BASE OPERA TOR
AIRPORT LEASE AGREEMENT APPROVED BY ORDINANCE 2005-376 DATED
DECEMBER 13,2005, BETWEEN THE CITY OF DENTON, TEXAS AND BAM DENTON
MANAGEMENT VENTURES, L.L.C. ON APPROXIMATELY 21,842 SQUARE FEET OF
LAND AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager or his designee is hereby authorized to execute a
Commercial Operator Airport Lease Agreement Addendum between the City of Denton and
BAM Denton Management Ventures, L.L.C. on approximately 21,842 square feet ofland at the
Denton Municipal Airport, in substantially the form of the Airport Lease Agreement Addendum
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.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 2 ?i/z.
muen
,2007.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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8:IOur DocumentslContractsl07\BAM Lease Addendum Fuel Farm.doc
ADDENDUM TO AIRPORT LEASE AGREEMENT
FIXED BASED OPERATOR
This Addendum is made and executed on the 21# day of March, 2007 (the
"Effective Date") at Denton, Texas, by and between the City of Denton, Texas, a municipal
corporation, hereinafter referred to as "Lessor", and BAM Denton Management Ventures, a
Texas limited liability company, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain assigmnent dated December 13,
2005 (the "Existing Lease"); and
WHEREAS, the Lessor and Lessee desire to amend and do hereby amend the Existing
Lease to include that certain parcel or tract of land being approximately 21,842 square feet as
depicted on Exhibit "A" attached hereto and made a part hereof by reference for the installation
of a self service fuel system; and
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
SECTION 1. The Existing Lease is hereby amended as follows:
II. LEASED PREMISES
Lessor, for and in consideration of the covenants and agreements herein contained, to be
kept by Lessee, and subject to the conditions contained herein, does hereby demise and lease
unto Lessee, and Lessee does hereby lease from Lessor, for the lease term described in Article
III, the following described land situated in the City of Denton, Denton County, Texas:
A. Land. The same tract or parcel ofland leased to Lessee under the Existing Least (9.1
acre and 33,810 square foot parcel- Base Lease) identified on Attachment A, together with the
improvements thereon, along with approximately 1.56 acres of the land and improvements
formally under Lease to Aero Properties of Denton, Ltd., which is more particularly described in
Exhibit A and identified as Tract A, attached hereto and incorporated herein by reference, and an
additional approximate 58,000 square feet of improved apron area identified as Tract A-2 which
is described on Exhibit B (the "Leased Premises") and another additional approximate 21,842
square feet ofland identified as Exhibit "A" to this addendum.
D. IMPROVEMENTS PROVIDED BY LESSEE
3. Installation of Self Service Fuel Svstem. On Exhibit "A" hereof, Lessee shall install
at his sole expense a self service fuel system and pavement suitable for the operation of the self
service fuel system. Lessee has contracted with KSA, Engineers to do the engineering, site plan
and permitting for the project. Should Lessee vacate the parcel, all equipment and storage tanks
must be removed and Lessee remains responsible for any and all environmental issues. Lessee is
responsible for construction of any pavement improvements and for pavement maintenance
during the lease agreement. Any and all pavement remains the property of the Lessor.
S:IOur DocumentslContractslO7\BAM Lease Addendum Fuel Farmdoc
Lessee must meet and maintain compliance with all local, state and federal requirements relating
to the storage, sale and dispensing of aviation fuels.
Lessee must participate and comply with City and Airport requirements of the storm water
pollution prevention plan and the spill preventIon control plan.
Lessee agrees to comply with all federal, state and local laws, rules and regulations including,
but not limited to, regulations of the Federal Aviation Administration.
IV. PAYMENTS. RENTALS AND FEES
Not withstanding the foregoing, the annual lease rental for the additional approximate
21,842 square feet of land identified as Exhibit "A" hereof (the "Leased Premises") shall be a
sum equal to $0.17 per square foot ($3,713.14 annually or $309.43 monthly). Said rate shall be
adjusted by the CPI-U as set forth in the Original Lease.
SECTION 2. Save and except as amended hereby, all the remaIDIng sections,
paragraphs, sentences, clauses, and phrases of the Existing Lease shall remain in full force and
effect.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Addendum to the
Lease Agreement to be executed by its duly authorized City Manager; and Lessee on this the
21-!hdayof f!7(Lrftn ,2007.
~~~OR
GEOR E C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~'l\~ lh!ntv
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER,CITY ATTORNEY
BY: ~?R ~
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8:IOur Docwnents\Contracts\07\BAM Lease Addendum Fuel Farm.doc
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