2007-165s:\our documents\ordinances\07\airport lease 2nd amendment - bam demon management ventures.doc
ORDINANCE NO. 2,OD7V `(o.S-
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE A SECOND
AMENDMENT TO A FIXED BASE OPERATOR AIRPORT LEASE AGREEMENT
APPROVED BY ORDINANCE 2004-380 DATED DECEMBER 7, 2004, BETWEEN THE
CITY OF DENTON, TEXAS AND BAM DENTON MANAGEMENT VENTURES, L.L.C.
ON APPROXIMATELY 1.947 ACRES OF LAND AT THE DENTON MUNICIPAL
AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a Second
Amendment to a Fixed Based Operator Airport Lease Agreement between the City of Denton
and BAM Denton Management Ventures, L.L.C. on approximately 1.947 acres of land at the
Denton Municipal Airport, in substantially the form of the Second Amendment to the Airport
Lease Agreement 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 ~ day of , 2007.
~. ~,~~
PERRY ~. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~mAA.P ~~G~.x~CX LI~_!
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
/_,
BY: - ~,.
i_.
,:.
s:bur documentslcontrac1510Tbnm 2nd amendment D7.doc
SECOND AMENDMENT TO THE
AIRPORT LEASE AGREEMENT FIXED BASED OPERATOR
WITH BAM DENTON MANAGEMENT VENTURES
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
This Second Amendment is made executed to be effective as of the ~ day of ,
5'~
2007 to that certain Airport Lease Agreement Fixed Base Operator between the City of Denton,
"fexas, a municipal corporation, hereinafter referred to as "Lessor" and BAM Denton
Management Ventures, LLC, a Texas limited liability company, hereinafter referred to as
"Lessee" which was executed to be effective as of the 15`s day of December, 2004, hereinafter
referred to as "Base Lease".
WITNESSETH:
WHEREAS, the Lessor and Lessee wish to amend the Base Lease to add approximately
1.947 acres to the Base Lease and make certain other changes to the Base Lease;
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree to amend the Base Lease as follows:
SECTION 1. Section II. A., D., F. "Leased Premises and Section lV. A. "Payments,
Rentals and Fees" are hereby amended so as to add the following thereto:
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. A tract of land, being approximately 84,811 square feet drawn and outlined
and legally described on Exhibit "A" as such attachment being incorporated herein by reference
(the "Leased Premises").
Together with the right of ingress and egress to the Leased Premises; and the right in
common with others so authorized of passage upon the Airport property generally, subject to
reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees,
passengers, patrons and invitees. For purposes of this Agreement, the term "Leased Premises"
shall include leasehold improvements constructed by the Lessee, but not including certain
easements or property owned and/or controlled by the Lessor A legal description of expanded
lease area is attached to this Lease Agreement as Exhibit "B".
S:\Our Documents\Contrects\07\BAM 2nd Amendment 07.doc
D. IMPROVEMENTS PROV[DED BY LESSEE.
3. Construction of Pazcel B Improvements. On Pazcel B, Lessee shall constmct a
commercial hangar/office facility of not less than 10,000 square feet with a minimum door
height of 28 feet and a minimum door width of 90 feet, minimum aircraft staging apron of 9,000
squaze feet and appropriate taxiway access to Taxiway H ("Parcel B Improvements").
Construction of Pazcel B improvements shall be conunenced no later than 365 days after the
Effective Date of this Agreement and completed no later than 720 days after the Effective Date
(the "Construction Period"). Construction of Parcel B Improvements are considered complete
upon the issuance of a certificate of occupancy for the entire hangar/office facility.
F. ACCESS TO UTILITIES. Lessor represents that there are water, sewer, natural gas
and electricity lines situated upon the Airport. Lessee shall be responsible for extending said
lines to the Leased Premises at Lessee's sole expense.
IV. PAYMENTS. RENTALS AND FEES
A. LAND REN'T'AL. Land rental shall be due and payable to Lessor in the sum of $0.17
per square foot or $14,417.87 per year. Rental shall be due and payable to Lessor in twelve (12)
equal monthly installments in the sum of $1,201.49 per month (1,201.49) in advance, on or
before the 1St day of each and every month during the term of this Lease Agreement. Lessee has
the option to pay annual rentals and fees in whole on or before the IS' day of October, at the
beginning of the City's fiscal year, each and every yeaz of this Lease Agreement,
Notwithstanding the foregoing, the annual rental will be reduced by the current lease rate per
square foot, as adjusted by the CPI-U referenced in Section IV.C, times the nwnber of square
feet comprising all easements established in accordance with Section [LE..
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Base Lease shall remain in full force and effect and
shall fully apply to the additional property and improvements and expanded Leased Premises
resulting from this Second Amendment of the Base Lease.
IN W[TNESS WHEREOF, the parties have executed this Lease Agreement as of the
effective date fust above written.
CITY OF DENTON, TEXAS, LESSOR
B
GEOR C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFEK WALTERS, CITY SECRETARY
U Page 2 of 4
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
BAM DENTON MANAGEMENT
VENTURES, LLC, a Texas limited
liability company
BY: ~~ /~
DAMON WARD, PRESIDENT
Page 3 of 4
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ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was aclmowledged before me on the ~ day of ~1~~~ 2007, by
George C. Campbell, City Manager of the City of Denton, Texas, on behalf of s ' mwucipality.
JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
June 27, 2009
NOTARY PUBLIC, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON
This instrument was aclrnowledged before me on the ~ day of J , 2007 by
Damon Ward, President, BAM Denton Management Ventures, LLC, a Tex limited liability
company, on behalf of said company.
~~ ~I .~/VI G~~UI
M.C. MCfIXANNON ~I A`~tY LIC, ST~7E OF TEXAS
My Commlalon EXpItN
.tuns te, sot t
~~an~°
Page 4 of 4
AIRPORT ROAD~P~T
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DEED RECORDS,
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D DEED
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RECORDS,
p ^ DENTON COUNTY, TEXAS
~, LOUND I?
IP(NJ PIN N 89~56~2~~ W 4~9.47~
ASPHALT l
LOT 1, DLACK 1
SOUTHEAST gIRPORT ADDITION
CABINET C. PAGE 295
PUT RECORDS,
DEMON COVNTY, TEXAS
Exhibit A
352'!'
]IS101
Y OF DEMON
C JOS. PnCC 2t6
:ED RECORDS.
N COUNTY, iEXA9
ALL THAT CERTAIN TRACT OR PARCEL OF lANO LYING ANO BEING SITUATED IN THE W.
NEIL SURVEY ABSTRACT NUMflfR 970. CITY OF DENTON, DENTON COUNTY. TEXAS.
AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON.
RECORDED IN VOLUME 305. PAGE 216. DEED RECORDS. DENTON COUNTY, TEXAS.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF l0T 1. BLOCK I.
SOUTHEAST AIRPORT ADDITION, AN ADDITION TO THE CITY OF DENTON. DENTON '
COUNTY. TE%AS. ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C. PAGE
295. PLAT RECORDS. DENTON COUNTY. TEXAS:
THENCE NORTH 890EGREES SG MINUTES 21 SECONDS WEST W4TH THE NORTH UNE
OF SAID LOT I. A DISTANCE OF 409.47 FEET 70 A FOUND 1111NCH IRON PIN.
THENCE NORTH OD DEGREES O4 MINUTES 02 SECONDS WEST. A DISTANCE Of 1fi1.00
FEET TO A 121NCH IRON PIN FOUND AT THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT',
THENCE NORTH 00 DEGREES 04 MINUTES 02 SECONDS WEST, A DISTANCE OF 405.2]
FEET TO A SET 1121NCH IRON PIN WITH p YELLOW PLASTIC CAP STAMPED
'METROPLEX 1049';
THENCE SOUTH 09 DEGREES 25 MINUTES 21 SECONDS EAST. A DISTANCE OF 191.23
FEET 70 A FENCE CORNER POST:
THENCE SOUTH 29 DEGREES 49 MINUTES 24 SECONDS EAST. A DISTANCE OF )2 46
FEET TO Af ENCE CORNER POST;
THENCE NORTH 30 DEGREE543 MINUTES 50 SECONDS EAST. A DISTANCE OF 12.74
FEET TO A FENCE CORNER POST:
THENCE SOUTH 89 DEGREES 47 MINUTES 41 SECONDS EAST. A DISTANCE OF S28
FEET TO A BET 1F11NCM IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
'METROPIE% 1049';
THENCE SOUTH 00 pEGREES 04 MINUTE502 SECONDS EAST, A DISTANCE OF 407 70
FEET TO A FOUND /12INCH IRON PIN:
THENCE NORTH 09 DEGREES 56 MINUTES 21 SECONDS WEST W TH THE SOUTH LINE
OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 210.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 1.84] ACRES OF LAND:
NOTES
OME • DENTON MUNICIPAL ELECTRIC
THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE COMMITMENT. THERE
MAY BE SETBACKS OR EASEMENTS AFFECTING THE SUBJECT PROPERTY NOT SHOWN
1{EREON
BEARINGS BASED ON GPS OBSERVATIONS DATED MARCH 21. 2005.
BY GRAPHIC PLOTTING ONLY. THIS PROPERTY IS WITHIN ZONE'%", AREAS
DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YEAR OR 500 YEAR FLOODPLAIN
AS SHOWN BY FIRM MAP COMMUNITY-PANEL NUMBER x8121 CO]56 F. DATED MARCH
J0. 1998. NO SURVEYING WAS PERFORMED TO DETERMINE THIS FLO00 ZONE.
SURVEYORS CERTIFICATE
4IXIND
IPUN PW
1, BRAD G SHELTON.00 HEREBY CERTIFY TWIT A SURVEY WAS MADE ON THE
GRWND THIS Sln DAY OF MARCH, 2007 OF THE PROPERTY DESCRIBED HEREON ANO
THERE ARE NO (VISIBLE) ENGROAGHMENTS, PROTRUSIONS. OR OVERLAPPING OF
IMPRO S, EXCE T SHOWN HEREON.
D G.S 0
REGISTERED PROFESSIONAL LAND SURVEYOR
STATE OF TEXAS N0. 5452
Exhibit B
ex 11.947 ACRES OUT OF THE W. NEIL SURVEY, Romer
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