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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 Page 2