2001-116 O INANCE NO 001-11(o
AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AMENDMENT
TO THE COMMERCIAL AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND EZELL AVIATION, INCORPORATED WHICH WAS ADOPTED
PER ORDINANCE NO 97-132 TO ALLOW FOR THE AUTHORIZATION OF
COMMERCIAL, RETAIL, OR INDUSTRIAL BUSINESS UPON LEASED PREMISES
WITHOUT FORMAL WRITTEN CONFIRMATION OF THE CITY COUNCIL, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager is authorized to execute an amendment to the
commercial lease agreement between the City of Denton, Texas and Ezell Aviation Incorporated,
which was approved per Ordinance No 97-132 to allow for the authorization of commemlal,
retail or industrial business upon leased premises without formal written confirmation of the city
council, under the terms and con&t~ons contmned within the amendment, which is attached
hereto and made a part hereof
SECTION 2 This orchnance shall become effective ~mme&ately upon its passage and
approval
PASSED AND APPROVED this the ~r~ day of ~J~tS~.~ ,
2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AMENDMENT TO AIRPORT LEASE AGREEMENT BETWEEN EZELL AVIATION,
INCORPORATED AND THE CITY OF DENTON, TEXAS
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
WHEREAS, Ezell Avlataon, Incorporated have indicated that certain provisions of the
May 6, 1997 Lease Agreement between xtself and the Cay of Denton, Texas, Lessor, are causing
dafficulty m securing a vaable use of the leased premases, and
WHEREAS, Lessor desires to cooperate m the Lessee's interest m 1ts lease premases at
the Denton Mummpal An-port,
Tins Lease Amendment ("Amendment") as made and executed tins ~ day of March,
2001, at Denton, Texas, by and between the Caty of Denton, Texas, a mumcxpal corporataon,
heremaf~er referred to as "Lessor," and Ezell Avaat~on, Incorporated referred to as "Lessee" Tins
Amendment amends the Lease Agreement executed on May 6, 1997 (the "Agreement") between
Lessor and Lessee to the extent contained hereto only, all other provasaons of the Agreement not
specfficafly modffied hereto remain m full force and effect as originally written
The last paragraph of Artacle I D of the Agreement ~s hereby amended to read as follows
I. PREMISES AND USE
D. USE OF COMMERCIAL LAND PREMISES (TRACT "D")
Lessee, Ins tenants and sublessee shall not be authorized to conduct any sarvaces not
specffically lasted m tins agreement The use of the lease premases of Lessee, his tenants or sub
lessee shall be lamted to only those private, commercial, retail or mdustnal actavataes havmg to do
with or related to an'ports and avaat~on No person, business or corporataon may operate a
commercial, retail or industrial business upon the prenuses of Lessee or upon the Airport wathout
authortzatxon from the Lessor m written form The C~ty shall respond to the request for
authortzat~on wathm sm~ty (60) days of written notification to Lessor's Cay Manager If
anthorlzatxon as not receaved wathm the reqmred s~--ty~day tmae period, authorlzataon of the
act~vaty wall be consadered granted Ttus granting of authortzatlon does not reheve the Lessee or
ats sublessee, successor, or assagn of comphance w~th terms or condataons m tins agreement
IN WITNESS WHEREOF, the part~es have executed tlus Amendment to the Agrecmem
as of the day and year first above written
CITY OF DENTON, TEXAS, LESSOR
MICHAEL W JEZ, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EZELL AVIATION, INCORPORATED,
LESSEE
NECLg'ON EZELL, PP~I~ENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME the unde~d~t~ny, a Notary Public m and for smd State of Texas, on
this day personally appeared'~, known to me to be the person who signed and
executed the foregoing instrument, and acknowledged to me that tins instrument was executed for
the purposes and consideration thereto expressed
/
~]//GIVEB0 UNDER MY HAND AND SEAL OF OFFICE this ~ day of
, 2001
NOTARt ptmuC, SX'ATE O~/TEXAS
I f*("~l/~l.I NotaryPubll~,8tateofToxas K
~_~_ _ MA?!"OO'~.~,J MyCommlsslonExptres 5- ~' ~9 ~.
THE STATE OF TEXAS §
cOUNT¥OF §
Tins instrument was acknowledged before me on the 6v~lq~ day of
~O.-~[k~ ,2001 by Nelson Ezell, tn the capamty as noted tn the foregoing instrument
i(Yl~'~.~ ~_oY_~_v~blc~ ! NOTARY PUBLIC, STATE OF TEXAS
uy Commission Exp es I