2005-376FILE REFERENCE FORM 2005-376
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
Vate Initials
Addendum to First Amendment to Airport Lease Agreement -
Ordinance No. 2007-063 03/27/07 J R
S:\Our Documents\0rdinanccs\05\BAM Ordinance 120205.doc
ORDINANCE NO. 2,905-,37r:5,
AN ORDINANCE APPROVING THE TERMINATION OF THAT CERTAIN LEASE OF
AIRPORT PROPERTY BETWEEN THE CITY OF DENTON, TEXAS, AND AERO
PROPERTIES OF DENTON, LTD.; AUTHORIZING THE CITY MANAGER TO EXECUTE
A FIRST AMENDMENT TO THAT CERTAIN FIXED BASED OPERATOR AIRPORT
LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND BAM DENTON
MANAGEMENT VENTURES, LLC TO INCLUDE APPROXIMATELY 1.56 ACRES OF
THE PROPERTY WITHIN THE TERMINATED LEASE OF AERO PROPERTIES OF
DENTON, LTD. AND MAKING CERTAIN OTHER AMENDMENTS TO THAT LEASE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 6, 1997, the City of Denton, Texas, ("City") entered into a Airport
Lease Agreement with Ezell Aviation, Inc., ("Ezell"), approved by Ordinance No. 97-132, which
Lease was amended by that certain First Amendment to Airport Lease Agreement dated
December 8, 1998, as approved by Ordinance No. 98-431 and which was further amended by
that certain Second Amendment, ("Second Amendment') to the Lease which was effective on
June 1, 2003 and approved by Ordinance No. 2003-230, which Lease was partially assigned
from Ezell to Dalton Family Partnership, Ltd. (Dalton) on December 16, 2003, and on December
7, 2004, the leasehold interest was assigned from Dalton to Aero Properties of Denton, Ltd.
which assignment was approved by Ordinance 2004-379; (hereinafter collectively referred to as
"the Aero Properties Lease"); and
WHEREAS, both the City of Denton and Aero Properties of Denton, Ltd. wish to
terminate the Aero Properties Lease; and
WHEREAS, the City and BAM Denton Management Ventures, LLC wish to amend that
certain Airport Lease Agreement Fixed Base Operator with BAM Denton Management
Ventures, LLC approved by Ordinance No. 2004-380 on December 7, 2004 (hereinafter referred
to as "BAM FBO Lease") to include 1.56 acres in the terminated Aero Properties Lease in the
leased area in the BAM FBO Lease and also to add approximately 58,000 square feet of apron
area to the leasehold and to make certain other amendments to that Lease; and
WHEREAS, the City Council deems it in the public interest to terminate the Aero
Properties Lease and to amend the BAM FBO Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The Aero Properties Lease, as described above, is hereby terminated and
the City Manager or his designee is hereby authorized to notify the Lessee, Aero Properties of
S:\Our Documents\0rdinances\05\BAM Ordinancc 120205.doc
Denton, Ltd. of the termination in accordance with the requirements of the Lease and to take all
actions necessary to effectively terminate this Lease.
SECTION 3. The City Manager or his designee is hereby authorized to execute a First
Amendment to the BAM FBO Lease with BAM Denton Management Ventures, LLC to add
approximately 1.56 acres of property in the terminated Aero Properties Lease and to make other
amendments contained in the First Amendment, substantially in accordance with the First
Amendment to the BAM FBO Lease that is attached and made a part of this Ordinance for all
purposes.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the kb~ day of 4(/(// '2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: azt, /7Mi
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: V/ %M/W
Page 2 of 2
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FIRST AMENDMENT TO THE
AIRPORT LEASE AGREEMENT FIXED BASED OPERATOR
WITH BAM DENTON MANAGEMENT VENTURES
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
This First Amendment is made executed to be effective as of the J~ day of
December, 2005 to that certain Airport Lease Agreement Fixed Base Operator between the City
of Denton, Texas, 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 15th day of December, 2004, hereinafter
referred to as "Base Lease".
WITNESSETH:
WHEREAS, the Lessor has terminated that certain Lease Agreement as amended
originally made and entered into as a result of Ordinance No. 97-132 on May 6, 1997 with Aero
Properties of Denton, Ltd.; and
WHEREAS, the Lessor and Lessee wish to amend the Base Lease to add approximately
1.56 acres of the area that was under lease to Aero Properties of Denton, Ltd. 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 lI - Leased Premises, Subsection A - Land is hereby amended to
read as follows:
A. Land. The same tract or parcel of land leased to Lessee under the Existing Lease
(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 Acre 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").
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
S:10ur Documents\Cantmcts\05\13AM Amendment Final Redline 05.doc
property owned and/or controlled by the Lessor. Provided, however, included
herein is a blanket ingress and egress easement over, on, and across Tract A that
is reserved for Ezell Aviation, Inc. (such easement shall be along the existing
taxiway belonging to Lessor where such taxiway crosses over Tract A) (the
"Easement") for free and uninterrupted ingress and egress to and from Tract B
and Tract D of the Ezell Aviation, Inc. (Ezell Aviation), Airport Lease
Agreement. The duration of the Easement is for the length of the Airport Lease
by and between Lessor and Ezell Aviation, or its successors and assigns,
regardless of any language to the contrary pursuant to previous assignments and
partial assignments involving Ezell Aviation. Lessee, its successors and assigns,
guests or invitees have the right to continue to use and enjoy the surface of the
Easement for all purposes that do not interfere with or interrupt the use and
enjoyment of the Easement by Ezell Aviation or its successors and assigns. To
the extent they are responsible for the maintenance of the Easement, the Lessee
and Ezell Aviation will each be responsible for the payment of 50 percent of the
maintenance costs of the Easement on Tract A. Lessee or Ezell Aviation will
provide a legal description of the Easement within 60 days from the execution of
this Lease.
A legal description of expanded lease area, Tract A-2 is not currently attached to this
Lease Agreement. Lessee shall deliver to Lessor no later then 30 days after the
effective date of this Agreement a legal description of Tract A-2 accurately
describing same that is acceptable to Lessor. If Lessee fails to do so, Lessor at its
option may terminate this Agreement as to expanded property added to the Base
Lease, in which case it will have no further force and effect. The approved legal
description will be attached to this Agreement as Exhibit "C".
SECTION 2. Section II - Leased Premises, Subsection D - Improvements Provided by
Lessee of the Base Lease is hereby amended by adding a section entitled II.D.3 which shall read
as follows:
ILD.3. Mitigation of Fuel Storage Facility. Lessee will remove and mitigate the
underground fuel storage facility, associated pumps and plumbing located on
Exhibit A, Tract A. Lessee shall be responsible for all permits, fees and/or
associated costs for the removal of the system in accordance with all local, state
and federal regulations and requirements including, without limitation, those of
the Texas Commission on Environmental Quality and coordinate all appropriate
reports with the Commission
SECTION 3. The lease rate for the additional property identified in Exhibit A, B, and/or
C will be $0.0928 per square foot as set forth in Section W.A. - Land Rental of the Base Lease.
SECTION 4. The additional property identified in Exhibits A, B, and/or C from
execution of this amendment until December 14, 2009 shall have an annual rent of $0.0928 per
square foot as outlined in IV. A. Land Rental in the Base Lease. The lease rate on the property
identified in Exhibits A, B, and/or C December 15, 2009 - December 14, 2019 shall receive the
Page 2 of 4
S:10w Dw=ent %COntmc151 "AM Amcodment Final Redline 05.doc
annual CPI adjustments in accordance with Section ILC. of the Base Lease. The additional
property identified in Exhibits A, B, and/or C from December 15, 2019 - December 14, 2027
shall receive an increase of $0.05 per square foot and receive annual CPI adjustments in
accordance with Section II.C. The additional property identified in Exhibits A, B, and/or C from
December 15, 2027 - December 14, 2034 shall receive an increase of $0.03 per square foot and
receive annual CPI adjustment in accordance with Section ILC.
SECTION 5. The additional property identified in Exhibits A, B, and/or C will receive
and enjoy the same terms and conditions outlined in paragraphs DI and D2 of the Section IV -
"Payments, Rentals and Fees" of the Base Lease and Section V, Rights and Obligations of
Lessee.
SECTION 6. 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 First Amendment of the Base Lease.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the
effective date first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:. Oda
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: k1~ /1(i
BAM DENTON MANAGEMENT
VENTURES, LLC, a Texas limited
liability company
BY:
D ON WARD, PRESIDENT
Page 3 of 4
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ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the J ' day of&~ff~ 2005, by
Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of said municipality.
••e~~%~ o JENNIFER K. WALTERS
Notary Public. State of Texas
,'n ` My Commission Expires
-11r'b~;;o°'~ December 19, 2006
THE STATE OF TEXAS §
COUNTY OF DENTON
04 4
0
TAR PUBLIC, STATE OF TEXAS
This instrument was acknowledged before me on the 4~a- day of C) eeW , 2005 by
Damon Ward, President, BAM Denton Management Ventures, LLC, a Texas limited liability
company, on behalf of said company.
~•""ye"~.~, JULIE ANN MULLINS
Notary Public, State of Texas
My Commission Expires
%ei;~~:•°• May 27, 2009
NOYARY PUBLIC, STATE OF TEXAS
Page 4 of 4
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ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE W
NEIL SURVEY , ABSTRACT NUMBER 970. CITY OF DENTON. DENTON COUNTY. TEXAS
AND BEING A PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF OENTON.
RECORDED IN VOLUME 305. PAGE 216. DEED RECORDS- DENTON COUNT'( TEXAS.
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW,
COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF LOT I. nu,C'K 1
SOUTHEAST' AIRPORT ADDITION. AN ADDITION TO THE CITY OF DENTON. DENT ON
COUNT'r'- TEXAS. ACCORDING TO THE PLAT THEREOF RECORDED IN 'TABINF"T G
295 PLAT RECORDS. DENTON COUNTY. TEXAS
THENCE NORTH 89 DEGREES 56 MINUTES 21 SECONDS WE.S I WITH THE NiuF 1 H t 11 A.
OF SAID LOT 1. A DISTANCE OF 199.47 FEET TO A SET 1;2" IRON PIN AT THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT.
THENCE NORTH 89 DEGREES 56 MINUTES 21 SECONDS WEST. A DISTANCE OF 210 00
FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 1849
THENCE NORTH 00 DEGREES 04 MINUTES 02 SECONDS WEST' A DISTANCE Cr 161 00
FEET TO A V2 INCH IRON PIN SEF WITH A. YELLOW PLASTIC CAP STAMPED
-I:oTTROPLEt 1849.
THENCE SOUTH 89 DEGREES 56 MINUTES 21 SECONDS EAST. A DISTANCE OF 2100C
FEET TO A 1:2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 1849".
THENCE SOUTH 00 DEGREES 04 MINUTES 02 SECONDS EASE. A DISTANCE OF 151 LSO
FEET TO A v2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED
"ME IROPLEX. 1849 AT THE POINT OF BEGINNING AND CONTAINING IN ALL 0 778 tiCRF_::
OF LAND
NOTES
DME= DENTON MUNICIPAL ELECTRIC
THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE CURVATMENT 'HE RE
SHGWWd
1.1AY BE SETBACKS OR EASEMENTS AFFELTING THE SUBJECT PROPERTY. NO F
HEREON
BEARINGS BASED ON GP- OBSERVATIONS DATED MARCH 200;
BY GRAPHIC PLOTTING ONLY THIS PROPERTY IS WITHIN ZONE 'X AREAS
DETERMINED TO BE OUTSIDE OF A DESIGNATED 100 YEAR OR 500 YEAR FLOODPLA.IN
AS SHOWN BY FIRM MAP COMMUNITYPANEL NUMBER 48121C035S E DATED MARCH
30. 1998. NO SURVEYING WAS PERFORMED TO DETERMINE THIS FLOOD ZONE.
SURVEYOR'S CERTIFICATE
1. BRAD G. SHELTON, DO HEREBY CERTIFY THAT A SURVEY WAS MADE ON THE
GROUND THIS 21st DAY OF APRIL. 2005 OF THE PROPERTY DESCRIBED HEREON AND
THERE ARE SIBLE) ENCROACHMENTS. P US IONSOR OVERLAPPING OF
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SHELT
REGISTERED PROFESSIONAL LAND SURVEYOR
STATE OF TEXAS NO 5452
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12/29/03
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285,
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 74.94 ACRE
TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN
VOLUME 304, PAGE 503, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A PK NAIL SET IN ASPHALT AT THE SOUTHEAST
CORNER OF SAID CITY OF DENTON TRACT;
THENCE NORTH 02 DEGREES 32 MINUTES 44 SECONDS WEST WITH THE
EAST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 1000.00
FEET TO A 1/2 INCH IRON PIN FOUND AT AN ANGLE POINT IN THE EAST
LINE OF SAID CITY OF DENTON TRACT;
THENCE SOUTH 70 DEGREES 58 MINUTES 27 SECONDS WEST, A
DISTANCE OF 178.85 FEET TO A 5/8 INCH IRON PIN FOUND;
THENCE SOUTH 76 DEGREES 32 MINUTES 40 SECONDS WEST, A
DISTANCE OF 530.00 FEET TO A 1/2 INCH IRON PIN FOUND;
THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A
DISTANCE OF 128.00 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW
PLASTIC CAP STAMPED METROPLEX 1849 AT THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 13 DEGREES 28 MINUTES 49 SECONDS WEST, A
DISTANCE OF 531.94 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW
PLASTIC CAP STAMPED METROPLEX 1849;
THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A
DISTANCE OF 95.19 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW
PLASTIC CAP STAMPED METROPLEX 1849;
THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A
DISTANCE OF 240.00 FEET TO A "X" SET IN CONCRETE;
THENCE NORTH 76 DEGREES 31 MINUTES 11 SECONDS EAST, A
DISTANCE OF 59.33 FEET TO A "X" SET IN CONCRETE;
THENCE SOUTH 13 DEGREES 28 MINUTES 49 SECONDS EAST, A
DISTANCE OF 292.00 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW
PLASTIC CAP STAMPED METROPLEX 1849;
THENCE SOUTH 76 DEGREES 32 MINUTES 19 SECONDS WEST, A
DISTANCE OF 154.52 FEET TO THE POINT OF BEGINNING, AND
CONTAINING IN ALL 1.560 ACRES OF LAND.
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