2004-379
2004-379
FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Correction and Clarification of Leasehold Interest in Airport Lease -
Effective retroactively 12/07/04 04/06/05 JR
S:\Our Documents\Ordinances\04XDalton Airport Lease Assignment.doc
ORDINANCE NO. ~PO¢'
AN ORDINANCE APPROVING AN ASSIGNMENT OF LEASEHOLD INTEREST IN AN
AIRPORT LEASE FROM DALTON FAMILY PARTNERSHIP, LTD TO AERO
PROPERTIES OF DENTON, LLC; 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 an
Assignment of Leasehold Interest in Airport Lease t~om Dalton Family Partnership, Ltd. toe
Aero Properties of Denton, LLC, in substantially the form of the Assignment attached to and
made a part of this ord'mance for all purposes, to evidence the City's consent to the Assignment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the r~/~ dayof ~2~j~./]~ ,2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, C~Y SECRETARY
APPROVED AS TO LEGAL FORM:
By:HERBE~ CITY~RNEY
ASSIGNMENT OF LEASEHOLD INTEREST 1N AIRPORT LEASE
This Assignment of Leasehold Interest in Airport Lease (the "Assignment') is
made and entered into as of the Effective Date (as defined below) set forth below by and
between Dalton Family Partnership, Ltd., a Texas limited partnership (the "Assignor"),
and Aero Properties of Denton, LLC, a Texas limited liability corporation ("Assignee").
WHEREAS, George Dalton, Nathan Graves, and Mike McClendon are the
owners of Assignee; and
WHEREAS, Ezell Aviation, Incorporated ("Ezell") and Lessor have entered into
that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97-
132 as amended by that certain First Amendment to Airport Lease Agreement dated
December 8, 1998, approved by Ordinance No. 98-431 and further amended by that
Certain Second Amendment (the "Second Amendment") to Airport Lease Agreement
dated effective June 1, 2003, approved by Ordinance No. 2003-230 (collectively called
the "Airport Lease"); and
WHEREAS, pursuant to that certain Partial Assignment of Airport Lease dated
effective December 16, 2003 (the "Ezell Partial Assignment"), Ezell assigned to Assignor
that portion of the Airport Lease pertaining to the Fixed Base Operator Premises, being
Tract A in the Airport Lease ("Tract A"); and
WHEREAS, Assignor desires to assign to Assignee all fight, title and interest that
it has in the Ezell Partial Assignment and the leasehold for Tract "A"; and
WHEREAS, the City of Denton, Texas (the "Lessor") has executed this
Assignment to evidence its consent to the Assignment, which is hereby given subject to
the terms and conditions of this Assignment;
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree
as follows:
1. Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and
interest in and to that portion of the Airport Lease pertaining to Tract A only, including
the Ezell Partial Assignment.
2. Assignee assumes all of Assignor's rights, duties and responsibilities under the
Airport Lease pertaining to Tract A and the Ezell Partial Assignment. However,
Assignor remains liable under the Airport Lease as to Tract A and the Ezell Partial
Assignment, should Assignee default.
Signed to be effective as of the 7th day of December, 2004 (the "Effective Date").
DALTON FAMILY PARTNERSHIP, LTD.,
A Texas limited partnership
By: DALTON FAMILY ENTERPRISES, INC.,
~Sreorg~ D-alton, ar., President
AERO PROPERTIES OF DENTON, LLC
A Texas limited liability corporation
CITY OF DENTON, TEXAS
~iit Cyhah~12 ~eCr° n d u ff~/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO F/(~RM:
BY:
ACKNOWLEDGMENTS
Page 2
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the a~5 day of ~OVe~ae.( ,
2004 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a
Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas
limited partnership. ~
Name:
Notary Public, State of Texas
My commission expires c(~ ~-7- 0~/
STATE OF TEXAS
COUNTY OF DENTON
NOTARVPUBUC
Xt . :'Comm. Ex.. 00.27-200 _i
This instrument was acknowledged before me on the ~3 day of ~1)¥f..163 ~ff',
2004 by George Dalton, Sr., President of Aero Properties of Denton, LLC a Texas limited
liability corporation, on behalf of said corporation. ~
Name:
Notary Public, State of Texas
My commission expires eg _~.'f
! (~(~ ~ NOTARY PUBLIC
STATE OF TEXAS } ~A.~..~.~.~j s~ate of Texas
COUNTY OF DENTON
This instrument was acknowledged before me { Ithe ~ day of,. ' ,
2003 by Michael A. Conduff, City Manager of the C) of Denton,[Texas, a Hgme Rule
municipal corporation, on behalf of said municipal c~/r ration, t~] //
Name: ; /J
Notary Public, State of Texd~s~ ~.. d/?Z"
My commission expires
Page 3
.... ~";'" ANN FORSYTHE
=*: ~: MY COMMISSION EXPIRES
Ii~ May 9, 2O06
CORRECTION AND CLARIFICATION OF
LEASEHOLD INTEREST IN AIRPORT LEASE
WHEREAS, pursuant to an Assignment (the "Assignment") dated effective
December 7, 2004 Dalton Family Partnership, Ltd.~ a Texas limited partnership (the
"Assignor") assigned to Aero Properties of Denton, LLC, a Texas limited liability
corporation ("Assignee"), the Tract A portion of that certain Airport Lease Agreement
described as follows:
Airport Lease Agreement dated May 6, 1997 between Bzell Aviation,
Incorporated ("Ezell") and the City of Denton ("City") approved by Ordinance
No. 97-132 as amended by that certain First Amendment to Airport Lease
Agreement dated December 8, 1998, approved by Ordinance No. 98-431 and
further amended by that Certain Second Amendment (the "Second Amendment")
to Airport Lease Agreement dated effective June 1, 2003, approved by Ordinance
No. 2003-230 (collectively called the "Airport Lease"); and
WHEREAS, the parties desire to correct the name of the Assignee as the
Assignment incorrectly stated that Assignee is a limited liability corporation when in fact
it is a limited partnership; and
WHEREAS, the parties also desire to clarify that Tract A under the AirPort Lease
is described in Exhibit "A" attached hereto and made a part hereof by reference;
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree
as follows:
1. The correct name of the Assignee is Aero Properties of Denton, Ltd; a Texas
limited partnership.
2. Tract A is described in Exhibit A and is made a part of the Airport Lease.
Signed to be effective retroactively as of the 7th day of December, 2004 which is
the Effective Date of the Assignment.
DALTON FAMILY PARTNERSHIP, LTD.,
A Texas limited partnership
By: DALTON FAMILY ENTERPRISES, INC.,
a Texas co~oration
'~' '~ O~(orge Dalton, Sr., President
AERO PROPERTIES OF DENTON, Ltd.
A Texas limited partnership
George 15alton--- -
General Partner
CITY OF DENTON, TEXAS
BY: ~(~/f~_-_r~__d~,f~x Jon Fortune,
Act±ng ~City M~6ger '
ATTEST:
JENNlt~ER WALTERS, CITiY SECRETARY
APPROVED AS TO FORM:
BY: ~ ~' .,~
Page 2
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF DENTON }
This instrument was acknowledged before me on the ~ day of ~ p ~( I ,
2005 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a
Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas
limited partnership.
Name: ~'~'2 C. 2T~,_o ~,;~,
Notary Public, State of Texas
My commission expires
STATE OF TEXAS }
COUNTY OF DENTON
This instrument was acknowledged before me on the ~2~ day of ~pW, [ ,
2005 by George Dalton, St,, General Partner of Aero Properties of Denton, Ltd,, a Texas
limited partnership, on behalf of said partnership,
~ {~.. ~vm?_,~(__~,~.~]~_~_~ } Notary Public, State of Texas
My commission expires
STATE OF TEXAS }
}
COUNTY OF.DENTON )
This instrument was acknowledged before me on the ~ '/~day of t~l~_~ ,
2005 by~I~m~lx~:~q;al~l~, City Manager of the City of Denton, Texas, ~[~Iome Rule
municipal corporation, on behalf of said municipal corporation,
WJon Fortune
I r& ~ ~] State of Texas
My Comm. Exp. 12-08-2005~
Notary Public, State of Texas
My commission expires
Page 3
Exhibit A
TRACT A
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
FEETTO 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 112 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 TR~. CT;
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 SqUTH 76 DEGREES 32 MINUTES 19 SECONDS WEST, A
DISTANCE ~F 154.52 FEET TO THE POINT OF BEGINNING, AND
CONTAINING IN ALL 1.560 ACRES OF LAND.
?D 2DDS 0(]03391 ?
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2005-33917
As
Recorded On: March 24, 2005 Assignment
Parties: DALTON FAMILY PARTNERSHIP LTD
To
Billable Pages: 4
Number of Pages: 4
Comment:
Assignment 20.00
Total Recording: 20.00
** Examined and Charged as Follows: **
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of co[or or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2005-33917
Receipt Number: 180497
Recorded Date/Time: Mamh 24, 2005 12:23P
User/Station: B Smithers - Cash Stat[on 3
Record and Return To:
ED SNYDER DEPUTY CITY ATTORNEY
215 E MCKINNEY
DENTON TX 76201
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number aequence on the date/time
pflnted heron, and was duly RECORDED In the Official Records of Denton County, Texaa.
County Clerk
Denton County, Texas
A~'l~ RI~0RDI~, PLEASE RETORN MiLE
STAMPED ORIGINAL ~0:
Ed Snyde~, Deputy City Attorney
215 E. bizIiinney
Denton, Texas 76201
ASSIGNMENT OF LEASEHOLD INTEREST IN AIRPORT LEASE
This Assignment of Leasehold Interest in Airport Lease (the "Assignment') is
made and entered into as of the Effective Date (as defined below) set forth below by and
between Dalton Family Partnership, Ltd., a Texas limited partnership (the "Assignor"),
and Aero Properties of Denton, LLC, a Texas limited liability corporation ("Assignee").
WHEREAS, George Dalton, Nathan Graves, and Mike McClendon are the
owners of Assignee; and
WHEREAS, Ezell Aviation, Incorporated ("Ezell") and Lessor have entered into
that certain Airport Lease Agreement dated May 6, 1997 approved by Ordinance No. 97-
132 as amended by that certain First Amendment to Airport Lease Agreement dated
December 8, 1998, approved by Ordinance No. 98-431 and further amended by that
Certain Second Amendment (the "Second Amendment") to Airport Lease Agreement
dated effective June 1, 2003, approved by Ordinance No. 2003-230 (collectively called
the "Airport Lease"); and
WHEREAS, pursuant to that certain Partial Assignment of Airport Lease dated
effective December 16, 2003 (the "Ezell Partial Assignment"), Ezell assigned to Assignor
that portion of the Airport Lease pertaining to the Fixed Base Operator Premises, being
Tract A in the Airport Lease ("Tract A"); and
WHEREAS, Assignor desires to assign to Assignee all right, title and interest that
it has in the Ezell Partial Assignment and the leasehold for Tract "A"; and
WHEREAS, the City of Denton, Texas (the "Lessor") has executed this
Assignment to evidence its consent to the Assignment, which is hereby given subject to
the terms and conditions of this Assignment;
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree
as follows:
1. Assignor hereby assigns and transfers to Assignee all of Assignor's right, title and
interest in and to that portion of the Airport Lease pertaining to Tract A only, including
the Ezell Partial Assignment.
2. Assignee assumes all of Assignor's rights, duties and responsibilities under the
Airport Lease pertaining to Tract A and the Ezell Partial Assignment. However,
Assignor remains liable under the Airport Lease as to Tract A and the Ezell Partial
Assignment, should Assignee default.
Signed to be effective as of the 7 day of December, 2004 (the Effective Date ).
DALTON FAMILY PARTNERSHIP, LTD.,
A Texas limited partnership
By: DALTON FAMILY ENTERPRISES, INC.,
~' ,~eorg~ D~lton, ~r., President
AERO PROPERTIES OF DENTON, LLC
A Texas limited liability corporation
CITY OF DENTON, TEXAS
c~itCyh a~lanAa ~eCr° n au ff~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO F~O~RM:
HERBE~Z ~
BY: '-~F--~-~/'~[~
ACKNOWLEDGMENTS
Page 2
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ~ day of ~O¥elrV~d' ,
2004 by George Dalton, Sr., President of Dalton Family Partnership Enterprises, Inc. a
Texas corporation, general partner of Dalton Family Limited Partnership, Ltd., a Texas
limited
partnership.
Name:
Notary Public, State of Texas
My commission expires ~- 2-7~ 0~/
STATE OF TEXAS
COUNTY OF DENTON
NOTARY PUBLIC
State of Texas
Exp. 08- 7- S
This instrument was acknowledged before me on the ~3 day of ~i)4~ ~_,
2004 by George Dalton, Sr., President of Aero Properties of Denton, LLC a Texas limited
liability corporation, on behalf of said corporation. ~
Name:
Notary Public, State of Texas
My commission expires ~ -~'t
~ i ~_. ~ NOTARY PUBLIC
STATE OF TEXAS } ~....'~.d.~4J State of Texas
CO~ OF DENTON }
2003 by Michael A. Conduff, Ci~ M~ager of the C) of Denton,~ex~, a H~e Rule
mmcipal corporation, on behalf of said m~icipal c~r .ration. ~
Page 3
..,,~ ~ ANN FORSYTHE
--'*: ~*=~ MY COMMISSION EXPIRES
MAy 9, 2006