2005-168
8:IOm DocumentslOrdinanceslOS\DAH Termination 200S.doc
ORDINANCE NO. ¡jI,tJtJ5 - /6 ø
AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED SEPTEMBER 7, 2004, BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON AIRPORT HANGARS, LLC.; AUTHORIZING THE
CITY ATTORNEY OR HIS DESIGNEE TO TAKE APPROPRIATE LEGAL ACTION, IF
NECESSARY, TO EFFECTUATE THE TERMINATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") and Denton Airport Hangars, LLc.
("DAH") have entered into that certain Airport Lease Agreement dated September 7, 2004 (the
"Lease Agreement") whereby the City leased to DAH for aviation purposes an approximate
220,000 square feet of land legally described in Exhibit "B" which is more particularly described
in the Lease Agreement which is incorporated herein by reference (the "Leased Property"); and
WHEREAS, pursuant to the Lease Agreement DAH has the duty and obligation to pay
rental in the amount of$3,116.67 per month for the Leased Property beginning on March ],2005
(the "Rent"); and
WHEREAS, DAH's obligation to pay the Rent is a material obligation of DAH under the
Lease Agreement; and
WHEREAS, on or about May 4, 2005 the City gave DAH notice that an unreasonable
period of time had elapsed without Rent being paid for the Leased Property, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference (the "May 4, 2005 Notice");
and
WHEREAS, despite the May 4, 2005 Notice DAH failed or refused to pay Rent for the
Property; and
WHEREAS, the May 4, 2005 Notice informs DAH that if the Rent is not paid in full
within 30 days of the Notice the City will terminate the Lease Agreement; and
WHEREAS, to date, which is over 30 days since the May 4, 2005 Notice was received by
DAH, DAH has failed to pay any of the Rent for the Leased Property; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby terminates the Lease Agreement due to
nonperformance of a material obligation of DAH under the Lease Agreement. Should legal
action be required to effectuate the termination of the Lease Agreement and/or if it should
become necessary to file legal action to remo,:,e DAH from the Leased Property or to determine
the rights and obligations of the parties under the Lease Agreement, the City Attorney, or his
designee is hereby authorized to file such legal actions or lawsuits on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
vi 9-
PASSED AND APPROVED this the~ / - day of U/I..t.
,2005.
¿~~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ß~~~";' L-- \JoJ b ~
APPRO ED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY:
/
Page 2
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Exhibit A
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DENTON
DENTON MUNICIPAL AIRPORT, TERMINAL BUILDING, 5000 AIRPORT RD.
DENTON, TEXAS 76207 (940) 349-7736 - (940) 349.7744 - Fax (940) 349-7269
May 4, 2005
Alan Stricklin
Denton Airport Hangars, Inc.
3932 BexhiIJ Drive
PIano, TX 75025
Dear Mr. Stricklin:
Airport management has made several attempts to communicate with your regarding your
commercial lease agreement with the City of Denton. Airport management has sent you a letter
dated February 7, 2005 identifying our concerns regarding your ability to meet the requirements
of your lease agreement. This letter asked that you provide a project schedule to airport
management by February 28, 2005. To date, we have not received the requested project
schedule.
During a March 1], 2005 phone conversation, you indicated Denton Airport Hangars, Inc.
(DAH) would provide a written request to assign the DAB lease to a third party. Your office has
not returned subsequent phone calls by Airport Management on this issue. Furthermore, Our
records indicate that DAB has not submitted payment in the amount of $3,116.67 per month
starting March ], 2005 as required by Section IV.A.2 of your lease agreement. Our records
indicate DAH owes $6,233.34 to the Denton Airport for March and Apri] 2005 rent.
With this understanding, you are in default of your 1ease agreement per the above-mentioned
section and are hereby given 30 days notice to cure. Failure to cure will result in airport
management fonnally declaring you in default and will require us to seek cancellation of your
lease agreement. Should you have any questions, please contact me at 940.349.7702 or our
Assistant City Attorney Herb Prouty at 940.349.8333.
~re:i ~lJ, =--
Mark Nelson, CM
Director, Airport and Transportation Operations
CC:
Denton Airport Advisory Board
Herb Prouty, Assistant City Attorney
"Dedicated to Quality S"vice"
www.cityofdentoll.com
EXHIBIT B
Descript;vn
5.650 Acres
All that certain lot. [roct or parcel "f land sitooled in the WiLUA.M NEIL Su"e/. Þoo"',c: I.jo",""r 9 /0 in [Iv, CI!, ,,'
Denlon. Denton County, Te"os Gnd being par: of La'. '. Biock 1 of Southeast Airporl Additi"". on <¿Gi\ion '" the
City 01 Denton. Oenton County, Texas according to the pi at thereat recorde."! in ';obinet (, !>oge 295 of Ih" PI"I
Records of Denton Count:!. Texos; the subject i.roct being ",ore particularly described es follows:
COMMENCING al Ihe Northwest Corner 01 said Add,tian at ,1 found ~oncrele monome"t;
THENCE South 07 Degrees 32 Minutes 54 Seconds West a distance of 915. ïO leet to a point for comer;
THENCE South 89 Degrees 39 Minutes 34 Seconds Eosl a distance of 226.27 leet jo a liZ-inch iron rod found;
THENCE Sooth 00 Degrees 15 Minules 26 Seconds West 0 fJistance of 235.10 feet to ° 1/2-inch copped iron roct
found:
THENCE South 89 Oegrees 44 Minotes 34 Seconds East a distance of 531.86 feet to 0 l/Z-inch copped iron rod
set:
THENCE South 01 'Degrees ZI Minutes I 9 Seconds West a distonce of 13110 feet to 0 1/2-inch copped iror. rod
sell
THENCE North 26 Degrees 2Z Minutes 45 Seconds West a distance of 1426.17 feet to a 1/2" capped iron :rod set
for the POINT OF BEGINNING 'of the herein described tract;
THENCE South 01 Degrees 21 Minoles 19 Seconds West 0 distonce of 3146 feel to a 1/2" copped iran rod set'
lar corner;
THENCE South 89 De9rees 40 Minutes 28 Seconds East a distance 01 94.13 feet to a 1/2" copped i,on rod set i
for corner;
THENCE I'orth 00 Degrees 26' Minoles 27 Seconds Eost a distance. of 5.85 leet to a 1/7" copped icon rod sol for
corner¡
THENCE North 89 De9rees 21 Mimtes 23 Seconds East a distance of 22.6' feet to 0 I/Z" copped iroon rod sel I:",
corner;
THENCE North 89 Degrees 21 Minutes 23 Seconds East a distance af 24.57 feet to a t /2" capped iron rod set ¡or
the northeast corner of the herein described tract and being West 30.00 feet .trom the centerline of SKYLINE DRIVE;
THENCE South 00 De9rees 32 Minutes 15 Seconds West parallel with the cenlerline of SKYLINE DRIVE a distance e'
227.31 feet ta 0 1/2" ccpped iron rod set for the southeast corner 01 the her.in described tred ond being ,jmlh
25.00 feet from the centerline of a grovel surface rood;
rHENCE North 89 Oegrees 57 .Minules 30 Seconds West paralic! with the said centHline 0 dlslance of 721.4Î fee,
10 a 1/2" copped iran rod set for corner 01 the start 01 a curve to the ¡eft having 0 radius c.f 135.50 leel;
THENCE wilh sold cu"e to the left on are length of 11 Q. 75 feel and said curve to the left a chord bearing of
!iorth 67 Degrees 09 Minutes 43 Secon,js Wesl. G distance of 107.70 feet to a ;/2" copped iron rod set Lor
corner and bein~ Narth 6S.00 from the centerline of a TAXIWAY;
THENCE North 89 Degrees 41 Minules 34 5eoonds West poroHe! wi;h the ,aid .:ec.terline. a d;,fcoce 0; 20952 f"ol:
to a 1/2" copped iron rod sd for the sauthwest:»rner of 'he heeein d.$cri¡,ed Iro,,(;
rHEliCE North 00 Degrees 21 Min'Jles 21 Seconds East. 0 dislonce cf 21}..34 feet te oJ i/2" ccppe') ie..", 'od oó'
for the narihwesl corn~r 01 the h.ere;n described :,foel end being So,,'h Sf, :)0 feet fro'" lhe ç~nter'in" .,f u Tn":!,".
THE"ICE South R9 Degree, .39 !~in"", ?'! SeennGS '0" paroiJei ",ii" Ihe sn;o cen,en,n". n Gis'once of 890.05 feci
10 Ihe POlfH OF BEGINNING ond cnnta;n;",! 5.650 oc'es (24612.õ ';nuore F.",,) of lend. .~,e"e or Ie".
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fLOO:; STATCMENT' i hove examine.] lhe F,E,I,IA Flood !'lsuranee Rule Mapior Denton Cc,unty, Community r,Jumbec
.,80774 effective date Moreh 3(J, 1998 ond thot map indicates that this p~apert)',is not within on identified flood zone
Non-Shaded ZONE X which is defined, as "areas determined to be outside ~he :OOO-year ,flood" os shown on
Panels325 Eand 350E Of ,said, map,: ¡,
This plat cOrrectly represents the 'results' of an on-tIle-ground 'survey 'mcid~ imder my supervision an 9-16-04,
~=--~~-~~-----------~~~O~O_!~~-
J.E, Thom'pson II RP,LS:" Na,:4857
NOTE: May not ,conform 'to. City and 'County, Plotting Regulotio.n{ ';':,
This Survey was preformed without thé' benefit of. a currenttitlë report or ¥cl1edule A and 8
PlaUed Easernentsn.9t sh?wn, ' ,
NOTE: SÙrveydotâ bosèd' upon G,P ,5, observations, information inturpolated from NAD'j,S3'
system,
100'
DATE:
RP:L.S.
,LIi"I'U()up~()1II ,II: