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Home My WebLink AboutContract 33362 CITY SECRETARY CONTRACT NO . -Daa CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS. 9749,9960, 11813 AS PREVIOUSLY AMENDED AND ASSIGNED (FIXED BASE OPERATOR LEASE AGREEMENTS) This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS. 9749, 9960, and 11813 AS PREVIOUSLY AMENDED AND ASSIGNED ("Consent") is made and entered into by and between the CITY OF FORT WORTH, TEXAS ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas; REED PIGMAN, JR., TEXAS JET, INC., ("Assignors" or "Lessees"); and TEXAS JET PARTNERS,L.P. ("Assignee") a Texas Limited Partnership. The following introductory provisions are true and correct and form the basis of this Consent: A. On or about February 24, 1978, Lessor and Marshall Young Oil Company entered into City Secretary Contract ("CSC") No. 9749, a lease of real property at Fort Worth Meacham International Airport ("Airport") known as lease site 18N ("18N"), which was later amended by CSC No. 12088; Lessor then consented to an Assignment of the Lease by Marshall Young Oil Company to'Don Davis Investments,pursuant to CSC No. 21408; Lessor subsequently consented to another Assignment of the Lease by Don Davis Investments to Reed W.Pigman,Jr.,individually. B. On or about August 4, 1978, Lessor and Lessee entered into CSC No. 9960, a lease of real property at the Airport known as lease sites 23N, 24N, and 36N ("23N, 24N, 36N," respectively). C. On or about July 16, 1981, Lessor and Lessee entered into CSC No. 11813, a lease of real property at the Airport known as lease sites 25N, 26N,27N, 28N, 29N, 30N("25N-30N"). D. Lease sites 18N, 23N, 24N, 36N, and 25N-30N shall hereinafter and collectively be referred to as the "Leased Premises," and CSC Nos. 9749, 9960 and 11813 shall hereinafter and collectively be referred to as the "Lease." E. Lessees now wish to assign all of Lessees' rights, title and interest in the Leased Premises to Assignee; Assignee wishes to accept such assignment; and Lessor is willing to consent to such assignment, all on the terms and conditions set forth in this Consent. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor,Assignors and Assignee agree as follows: 1. Lessor hereby consents to an assignment by Assignors to Assignee of all right, title and interest in the Leased Premises granted to Lessees by the Lease (the "Assignment"), effective as of the last date that Lessor, Assignors and Assignee have executed this Consent ("Effective Date"). The Lease is hereby incorporated by reference for all purposes herein. Consent to Assignment of CSC Nos.9749,9960, 11813 as previously amended and assigned by Reed W.Pigman,Jr.,and Texas Jet,Inc.,to Texas Jet Partners,L.P. Pae 1 , of� I v j J,!I C p1 03-30-06 A 03 2. Lessor does not adopt, ratify or approve any of the particular provisions of the Assignment and does not grant any right,privilege or use to Assignee which is different from or more extensive than any right, privilege or use granted to Lessees by the Lease. In the event of any conflict between the Lease and the Assignment, the Lease shall control. 3. Lessor consents to the Assignment expressly upon the promise and covenant by Assignee, and Assignee hereby promises and covenants to Lessor, that as of the Effective Date Assignee will faithfully perform, as an independent contractor, all duties and obligations of Lessees set forth in the Lease. 4. Assignors understand and agree that Assignors and Assignee will be jointly and severally liable to Lessor for (i) any duty or obligation of Lessees that Lessees were required by the Lease to undertake or perform prior to the Effective Date and (ii) for any damages, including, but not limited to, property loss, property damage and/or personal injury of_any kind, including death,_to the extent caused by Assignors, their officers, agents, servants, employees or subcontractors. 5. All terms in this Consent that are capitalized but not defined shall have the meanings assigned to them in the Agreement. [SIGNATURE PAGES FOLLOW] Consent to Assignment of CSC Nos.9749,9960, 11813 as previously amended and assigned by Reed W.Pigman,Jr.,and Texas Jet,Inc.,to Texas Jet Partners,L.P. Page 2 (1 1 102 v��i CITY OF FO ORTH: ATTEST: I // By: By: Assistant City M er City Secretary Date: .3—�-q-dp Contract Authorization APPROVED AS TO FORM AND LEGALITY: Date By: Assistant Ci y Attorney M&C: C-21320:Approved 2/28/06 ASSIGNORS: ASSIGNEE: TEXAS JEST,INC.:J TEXAS JETPARTNE L.P.: By: ,F By: reed W. Pi , Jr. (N�e) . P President (Title) ��i Date. � Date: �26 REED W. PIGMAN, , in 'vidually: By. Reed W lWan, Jr. Date: (/ / &6 Consent to Assignment of CSC Nos.9749,9960, 11813 as previously amended and assigned } by Reed W.Pigman,Jr.,and Texas Jet,Inc.,to Texas Jet Partners,L.P. Page 3 'Cliff STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marc Ott,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this y day - A ,2006. r ��A HETTIE -ANE MY COMMISSION EXPIRES Notary Public in and for the State of Texas y C.�' Jury 26,2007 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared1 g ,known to me to be the person whose name is subscribed to the foregoing instrument, an acknowledged to me that the same was the act of Texas Jet, Inc., and that he executed the same as the act of Texas Jet, Inc., for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this `St day 2006. ��_m2L Notary Public in and for the State of Texas _ LESA MOKE ` Notary Public State of Texas My Commission ExPirss May 16,2006 g� previously gn �v�inCyl� � Consent to Assignment of CSC Nos.9749 9960, 11813 as reviousl amended and assigned by Reed W.Pigman,Jr.,and Texas Jet,Inc.,to Texas Jet Partners,L.P. Page4l�ti� �5��15Ur�vU1 TEL STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed W. Pigman, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Reed W.Pigman,Jr.,and that he executed the same as the act of the Reed W.Pigman,Jr.,for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z`S� day 12006. 146tary Public in and for the State of Texas ;r, ^ LESA MOKE Notary Public state of Taxes My Commission Expires May M2306 STATE OF TEXAS § COUNTY OF 72ipeeq� § BEFORE ME, the unde igned authority, a Notary Public in and for the State of Texas, on this day personally appeared - ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Texas Jet Partners, L.P., and that he executed the same as the act of Texas Jet Partners, L.P., for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day 2006. �. . Notary Public in and for the State of Texas LESA MOKE Notary Public State of Teams my commission Expires May 16,2,W Consent to Assignment of CSC Nos.9749,9960, 11813 as previously amended and assigned �� ' � �J by Reed W.Pigman,Jr.,and Texas Jet,Inc.,to Texas Jet Partners,L.P. �, Page 5 �9a l� MC-11 L, U Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/28/2006 DATE: Tuesday, February 28, 2006 LOG NAME: 55TX JET PRTNRS REFERENCE NO.: **C-21320 SUBJECT: Authorize Execution of Consent to Assignment of Unimproved Ground Leases Identified as City Secretary Contract Nos. 9749, 9960 and 11813, at Fort Worth Meacham International Airport, by Mr. Reed Pigman Jr. and Texas Jet, Inc. to Texas Jet Partners, L.P. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a written consent to an assignment by Mr. Reed Pigman Jr., of all leasehold interests in City Secretary Contract (CSC) No. 9749 (Leasehold Site 18N) and CSC No. 9960 (Leasehold Sites 23N, 24N and 36N) at Fort Worth Meacham International Airport, to Texas Jet Partners, L.P.; 2. Execute a written consent to an assignment by Texas Jet, Inc., of all leasehold interests in CSC No. 11813 (Leasehold Sites 25N, 26N, 27N, 28N, 29N and 30N) at Fort Worth Meacham International Airport, to Texas Jet Partners, L.P. DISCUSSION: The City previously executed lease agreements with Mr. Reed Pigman Jr. and Texas Jet, Inc. under CSC Nos. 9749, 9960 and 11813, all of which are assigned under two separate entities. On January 23, 2006, Mr. Reed Pigman Jr., President of Texas Jet, Inc., requested that the existing contracts be assigned to only one entity, Texas Jet Partners, L.P. This would transfer all rights, title and interest from Mr. Reed Pigman Jr. and Texas Jet, Inc. to Texas Jet Partners, L.P. Upon City Council approval, Texas Jet Partners, L.P. will assume administrative oversight of all leasehold interests associated with these leases, with Mr. Reed Pigman Jr. as the general partner of Texas Jet Partners, L.P. Texas Jet, Inc. will still continue day-to-day operational control of the Fixed Base Operator services. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by. Marc Ott (6122) Originating Department Head: Mike Feeley (5403) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006 Page 2 of 2 Additional Information Contact: Mike Feeley (5403) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/1/2006