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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