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HomeMy WebLinkAboutContract 47433 CITY SECRETAW CONSENT TO ASSIGNMENT OF CONTRACT ISO. _qqq AGREEMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS This Consent to Assignment of Agreement and Assumption of Rights and Obligations (the "Consent") is entered into by and between Alliance Airport Authority Inc ("Existing Customer"), City of Fort Worth ("New Customer"), with offices located at 1000 Throckmorton St., Fort Worth,TX 76102-6312, and TXU Energy Retail Company LLC ("TXU Energy"), on this the 16th day of July, 2015. 1. Existing Customer and TXU Energy entered into that certain Transaction Confirmation for Supply of Electricity #65145395, dated February 10, 2015 which further expressly incorporated therein the terms and conditions contained in that certain Base Contract dated February 10, 2015 between Existing Customer and TXU Energy (the "Base Contract") (the Transaction Confirmation together with the incorporated terms and conditions of the Base Contract constitute an"Agreement"). 2. Existing Customer has entered into an assignment agreement (the"Assignment")whereby Existing Customer has agreed to assign all of its rights, title, interest, obligations, and liabilities as Buyer under the Agreement to New Customer. 3. Pursuant to the terms and conditions of the Agreement, Existing Customer requests TXU Energy's consent to assign the Agreement to New Customer upon the first reading of the meter(s) on each respective Premise by the TDSP on or after August 1, 2015 (the "Assignment Date"), and TXU Energy consents to the assignment of the Agreement to New Customer as provided herein. 4. New Customer agrees upon the Assignment Date to assume and be responsible for all rights, title, interest, obligations, and liabilities as Buyer under the Agreement arising on and after the Assignment Date of this Consent. Existing Customer shall remain responsible for all obligations and liabilities as Buyer under the Agreement arising prior to the Assignment Date of this Consent. 5. The billing address of the New Customer shall be identified in Attachment 1. IN WITNESS WHEREOF, the Parties have signed this Consent to Assignment of Agreement and Assumption of Rights and Obligations document, acknowledging their agreement to its provisions as of the date of their respective signatures below. ALLIANCE AIRPORT AUTHORITY INC TXU ENERGY RETAIL COMPANY LLC A Texas nonprofit industrial development corporation a Texas limited liability company —7CA-- By: By: L Name: .i Name: Q&riel R. CWtro Title: C.." ev Title: ice Preside Date: ! -i C. Date: "Existing Customer"acs, 20/S-b b nergy" CITY OF FORT WORTH a Texas political subdivision By: .....� C,./,�. .,M v t tj AS TO Name: Ae-rpl^ndo Cosfk ,►��, . �[� ��GALITY: Title: < M< na � Date: oS "New Customer" OR 000000%014 00 Co.. AVxW by: 1-08� /"Zyt- ° % 0011 ° e May J. i tart' r°°°°° �X�►� y of Fort Worth from Alliance Airport Authority.Consent to Assignment.nrb.07.16.2015 CONFIDENTIAL Page 1 of 2 Attachment 1 CUSTOMER BILLING INFORMATION Bill To#1 Company Name: City of Fort Worth Contact Name: Billing Address: 1000 Throckmorton St City/State/Zip: Fort Worth,TX 76102-6312 Contact's Phone: Contact's Email Address: Version: City of Fort Worth from Alliance Airport Authority.Consent to Assignment.nrb.07.16.2015 CONFIDENTIAL Page 2 of 2 NJ&C Rtview Page 1 of 2 Official site of the City of Fort Worth,Texas F_ORTN ORT14 ,ITY COUNCIL AGENDA COUNCIL ACTION: Approved on 1/27/2095 DATE: 1/27/2015 REFERENCE *`L-15748 LOG NAME: 17AAAPROPERTYTRANSFER NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of the Transfer of Ownership of the Alliance Fort Worth Maintenance Facility at 2000 Eagle Parkway, Formerly Known as the American Airlines Maintenance Facility and the Assignment of All Property-Related Contracts and Leases from AllianceAirport Authority, Inc. (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of the transfer of ownership of the Alliance Fort Worth Maintenance Facility at - 2000 Eagle Parkway, formerly known as the American Airlines Maintenance Facility, from AllianceAirport Authority, Inc.; and 2. Accept the assignment of all property-related contracts for the operation, maintenance and management of the facility and any leases from AllianceAirport Authority, Inc., for the Alliance Fort Worth Maintenance Facility. DISCUSSION: AllianceAirport Authority, Inc. (Authority), is the owner of the Alliance Fort Worth Maintenance Facility, formerly known as the American Airlines Maintenance Facility, located at 2000 Eagle Parkway near Alliance Airport (Maintenance Facility). The Authority had leased the Maintenance Facility to American Airlines (American) under a Real Property Lease Agreement since March 1, 1990. As part of the resolution of the bankruptcy of American, the Authority, the City and American agreed that American would reject the lease, which rejection is anticipated to be on or about January 31, 2015. Upon rejection of the American lease, the Maintenance Facility property will be unencumbered. Following the rejection and termination of the lease, it is recommended that the City accept the transfer of the ownership of the Maintenance Facility and all associated property from the Authority, along with the assignment by the Authority of all property-related contracts, including but not limited to utility contracts, a Property Management Agreement with Hillwood Alliance Services, LLC, an exclusive Leasing Agreement with Hillwood Realty Services, LLC, and a Lease Agreement with Texas Aero Engine Services, L.L.C. On January 27, 2015, the Authority's board of directors will consider conveying the property to the City of Fort Worth upon termination of the lease. Staff recommends accepting ownership of the American Airlines Maintenance Facility and assignment of all property-related contracts for the property and Maintenance Facility. The property is located in COUNCIL DISTRICT 7, Mapsco 7U. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City `unds. TO Fund/Account/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc review.asp?ID=20725&councildate=1/27/2015 6/11/2015 M&C Review Page 2 of 2 ubmitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) Bette Chapman (6125) ATTACHMENTS -`1i;,�'iG�' �ii�i i�� �r��j�i�l7a c8 http://apps.cfwnet.org/council_packet/mc review.asp?ID=20725&councildate=1/27/2015 6/11/2015