2000-088 ORDINANCE NO d~-O~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN DOUGLAS C WEYER,
THE WEYER LIVING TRUST - DATED JANUARY 12, 1995 AND THE CITY OF DENTON
WHICH AMENDS AN AGREEMENT ENTERED INTO ON FEBRUARY 16, 1999, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is authorized to execute an Assignment and
Assumption Agreement between Douglas C Weyer (Assignor), the Weyer Living Trust, dated
January 12, 1995 (Assignee), and the City of Denton (Landlord), which is attached hereto and
made a part hereof
~ That this ordinance will authorized the Assignor to assign, transfer, set
over, and deliver to Assignee all of Assignor's right, title and interest in and to the Lease which
was entered into with the Landlord on February 16, 1999
~ That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the /-t~/~-I day of C~A ,2000
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS__ ~.~.~ASSI~NMENT AND ASSUMPTION AGREEMENT ~s dated the ,?~ day of
.C~.t'JA.{~.,~/ , 2000 by and between Douglas C Weyer ("Assignor), The Weyer
LlvmgCTrUst --dated January 12, 1995 ("Assignee"), and the C~ty of Denton ("Landlord")
Remtals of Fact
A Assignor and Landlord entered ~nto that certmn Airport Lease Agreement
("Lease") with an effective date of February 16, 1999, where~n Assignor agreed to lease from
Landlord, a 0 35 acre of land in the William Neff Survey, Abstract No 970, and being part of Lot
1, Block 1, Southeast Airport Addition to the city of Denton, Denton county, Texas, according to
the plat thereof recorded in Cabinet G, Page 295, Plat Records, Denton County, Texas As more
particularly described in attachments A and B, attached hereto and made a part hereof by
reference
B Assignor desires to assign, transfer, set over, and deliver to Assignee all of
Assignor's right, title, and interest m and to the Lease
C Assignee desires to assume all of Assignor's right, t~tle, and interest m and to the
Lease
D Landlord desires to acknowledge, agree to, and consent to the previously
approved assignment of the Lease to Assignee
Agreement
In consideration of the foregoing and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows
1 Assl_manent Assignor assigns, transfers, sets over and delivers unto Assignee all
of Assignor's right, title, and interest m and to the Lease
2 Acceptance Assignee accepts the foregoing assignment of the Lease and
assumes all duties and obhgatlons of Assignor under the Lease
3 Consent Landlord acknowledges, agrees to, and consents to Assignor's
assignment of the Lease to Assignee
4 AssL~nor's Continuing Obhgat~on Th~s Assignment shall not act to release
Assignor from its obligations under the Lease
5 Miscellaneous This Assignment and Assumption Agreement shall be (a) binding
upon, and inure to the benefit of, the parties to th~s Assignment and Assumption Agreement and
Page 1 of 2
their respective heirs, legal representataves, successors and assigns, and (b) construed in
accordance w~th the laws of the State of Texas
IN,WITNESS WHEREOF, this Assignment and Assumption Agreement has been signed
and delivered by the parties as of the date first above written
ASSIGNOR
,
Doug~as/~/eyer' ~ /"'
ASSIGNEE
The Weyer L~vlng Trust
Dated Januar ' 12, 1995
Dougla Weyer, Trustee ~/
LANDLORD
C~ty of Denton
~l~lchael ~ Jez//
C~ty Manlger ~
APPROVED AS TO LEGAL FORM
Herbert L Prouty, C~ty Attorney
By ~ldrs~l~smsls~tS~y
Page 2 of 2
ATTACHMENT "A"
55 O0
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~ '~ SOl 2,I 50 W ~ ~ ~
55 O0 ~'
0 ROAD - - -" ~' .......
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ATTACHMENT "B"
;7120 NOIF
5outh~os~ A,O'ort Ad&Oon on od&l~on lo the Ofy of OOnlon rexes, occordk~g lo the
COMM~ON6 o~ J Inch dt~k for the ~estemmost soulh~st co. er o/ so~d Lot I, some
berne Ih~ South 08 deqr~es J6 mtnules 21 seconds ~asf o dts~onc~ of 1610 09
~CE Sooth 88 doOrees .16 m,nul~s I0 a~cond$ ~osl o dtslonce el 185 ~6 l~t lo o J
~6NC6 Sooth Ol degrees PI n,,nole~ 50 seconds West, o/on9 tb~ ~est hne or sotd
I, o dtslonc~ o/ gIO ld feet lo n petal so~d polnt being North Ol degrees P3 tumults 50
~ot I
~CF Sooth 88 da~r~es J6 m~nules I0 seconds Eost over and octets sotd lot I o
lbo nor~hw~s~ comer of the harem described koc~ end b~ 5oulh Ol d~gr~os pJ mlnu~s
50 seconds ~st o d~onc~ o/ 75 p4 ~et porn On Pon rod found
South 88 deqr~s J5 minutes I0 ~ocoods 6o~f o dtstone~ of 27700 to on moo rod
South Ot degrees 73 re,nulls 50 s~conds West o d, sl~c~ or 5500 feet lo on *ton
rod s~t ~or tb~ soulh~osl co. or el Ihe b~ram ~oscrt~ Croci
North Ol degrees po minutes 50 ~econds test, o d, sfonc~ el 55 O0 le.t
FLOOD HOE IT IS MY OPINION THAI II1[ PROPERLY DESCRIBED IIEREIR___../S Nq./'____ WIRIIN A SPECPkL FLOOD ttAZARD AREA
ACCORDII4G 10 lltE PEI)EPAL EIIERGEtiCY 11,4/IAGEtlENI AGENCY ILO00 rNSUPANCE PATE UW, COtDJUN,Y-P,~IEL NO ~aotg4 oasa £
PRESENT EtTECT~ DATE or kill, ,~P,~,L Z t~gT_~___, IItREItl PROPERLY S~A~D ~ITflIT