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2003-307S:\Our Documents\Ordinances\03LMrport Lease Amendment -Kristoferson.doc ORDINANCE NO. ~fO~-~'~O7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AlVlENDMENT TO AN AIRPORT LEASE BETWEEN THE CITY OF DENTON AND JOHN KRISTOFERSON DATED JUNE 4, 2002; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The City Council hereby approves the Amendment to Airport Lease between the City of Denton and John Kristoferson in substantially the form of the Amendment attached hereto and made a part of this ordinance for all purposes (the "Lease Amendment"). SECTION 2. The City Manager, or his designee, is authorized to sign the Lease Amendment on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. APPROVED this the /d~ day of -~--'/~J77,~/eA/,.~. 2003. PASSED EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: ~ AMENDMENT TO AIRPORT LEASE BETWEEN THE CITY OF DENTON AND JOHN KRISTOFERSON This Agreement is made between the City of Denton, Texas, a municipal corporation (the "City") and John Kristoferson (the "Lessee"). WHEREAS, the City and Lessee entered into that certain Airport Lease Agreement dated June 4, 2002 and approved by Ordinance No. 2002-164 (the "Airport Lease"); and WHEREAS, due to cimumstances beyond the control of Lessee the construction of the leasehold improvements was delayed thereby depriving Lessee of substantial use and enjoyment of the lease premises for a period of four months; and WHEREAS, the City has determined that due to these unforeseen circumstances which in part were caused by the City, it is equitable that the Airport Lease be extended for an additional four month period and rent be abated during that time period; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein the City and Lessee agree as follows: 1. The term of the Airport Lease is hereby extended four months which is from June 4, 2032 through October 4, 2032 and rent will abated for that four month time period. 2. The time for issuance of a building permit and completion of the construction of the required leasehold improvements is hereby extended for an additional four month period. 3. All other terms of the Airport Lease not amended by this Amendment shall remain in full force and effect. Signed effective as ofthe/(P~day of ~-d~~ ,2003. CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 C:\Doeuments and Setfings~ViANELSOi~My Doeumenls\Couneil~AGENDA lTEMS~Airport Lease Agreement~Kristoferson Amd 1 .doc