2004-102AN ORDINANCE OF THE CITY OF DENTON, TEXAS TERMINATING THAT CERTAIN
AIRPORT LEASE DATED NOVEMBER 6, 2001, BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND PAUL BRIDGES; 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 Paul Bridges ("Bridges") have
entered into that certain Airport Lease Agreement dated November 6, 2001 (the "Lease
Agreement") whereby the City leased to Bridges for aviation purposes an approximate 2,700
square feet of land located at the Denton Municipal Airport and described as Lot 10, 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 Bridges has the duty and obligation to
construct on the Leased Property a hangar/office facility of not less than 1,800 square feet,
including related improvements (the "Improvements"); and
WHEREAS, Bridges's obligation to construct the Improvements is a material obligation
of Bridges under the Lease Agreement; and
WHEREAS, on numerous occasions the City has given Bridges written notice ofdefault
and opportunity to cure. Such notices include letters dated October 2, 2003 and January 2, 2004.
Despite these notices Bridges has failed or refused to complete the lease improvements in
accordance with the terms of the Lease Agreement. The City has given Bridges well over the 30
day period to cure provided for in the Lease Agreement; and
WHEREAS, the Airport Advisory Board has recommended that the City Council
terminate the Lease Agreement due to Bridges default; 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 Bridges 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 remove Bridges from the Leased Property or to
determine the fights 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.
S:\Our Documents\Ordinances\04\Termination of Airport Lease-Paul Bridges.doc
PASSED AND APPROVED this the ~'/~ day of ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~3~E; A~ T~AL F~RM:
~'""'~~
,2004.
EULINE BROCK, MAYOR
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