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Home My WebLink AboutContract 35823�PiY ��Cf�Ei�i�Y C�NTRACT fVp , CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 11628 AS PREVIOUSLY AMENDED GROUND LEASE AGREEMENT This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 11628, AS PREVIOUSLY AMENDED ("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, acting by and through Marc Ott, its duly authorized Assistant City Manager; TEXAS AVIATION ENGINEERING ("Assignor" or "Lessee"), a Texas company; and JOHN J. JANOVETZ, d/b/a LONE STAR AERO ("Assignee"), a Texas company. The following introductory provisions are true and correct and form the basis of this Consent: A. Lessor and Texas Aviation Engineering, previously entered into City Secretary Contract ("CSC") No. 11628, an Unimproved Ground Lease for the lease and use of real property known as Hangar 50-5 Lease Site and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport ("Airport"). B. CSC No. 11628 was subsequently amended by CSC No. 33519 to extend the term for five years to expire on December 31, 2011. CSC No. 11628 and 33519 are hereinafter collectively referred to as the "Lease". The Lease is a public document on file in Lessor's City Secretary's Office. C. Lessee now wishes to assign all of Lessee's right, title and interest in the Leased Premises to Assignee; Assignee wishes to accept such assignment; and Lessor is willing to consent to such assignment 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, Assignor and Assignee agree as follows: 1. Lessor hereby consents to an assignment by Assignor to Assignee of all rights, title and interest in the Leased Premises granted to Lessee by the Lease (the "Assignment"), effective as of the last date that Lessor, Assignor and Assignee have executed this Consent ("Effective Date"). The Lease is incorporated herein by reference for all purposes. The Assignment is attached hereto as Exhibit "A." 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 Lessee by the Lease. In the event of any conflict between the Lease and the Assignment, the Lease shall control. Consent to Assignment of CSC No. 11628, as previously amended by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Page 1 � � 'v�;. � nri- n j ), �� _; f ';' 1 �;� : 5�14'` �� f �,!Ji ' '' J '�� ;;;�'��' � J �'^ �j� ]f IS �� $'� ��✓� �!? U �' � � L5 G� ' .� 3. Lessor hereby consents to the Assignment expressly upon (i) the condition that all liens on the Premises have been discharged and all outstanding City taxes on the Premises and/or any improvements, appurtenances or personal property thereon have been paid and (ii) 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 Lessee set forth in the Lease. 4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally liable to Lessor for (i) any duty or obligation of Lessee that Lessee was 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 off any kind, including death, to the extent caused by Assignor, its 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 IMMEDIATELY FOLLOW] Consent to Assignment of CSC No. 11628, as previously amended by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Page 2 � CITY OF FORT T : By: _ - Marc Ott Assistant City Manager Date: �% `�""� � "� �' / ATTEST: By: � Marty Hendri c City Secretary APPROVED AS TO FORM AND LEGALITY: \ .. By: �� l ' I ( " '�/L-ti��-��'�-►1- `i�2`'— (� Maleshia B. Farmer Assistant City Attorney M&C: C- -� � � � � �� I 11_ �G � STATE OF TEXAS COUNTY OF TARRANT � 0 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 far the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this <�� day �,�y,��-� , 2007. ; •;�Y e "-, : =4•' ' ��- HETTIE LANE �`� '� MY COMMISSION EXPIRES �; :f o; ;�;+�� July 26, 2011 Notary Public in and for the State of Texas Consent to Assignment of CSC No. 11628, as previously amended by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Paee 3 � _ i :r�J�� .;,] '�'''r�r'�;�� I r,i 5 ::5 ° � :.�:, �� .;;�r� ��`�' J��?��!'� ;-�. �, TEXAS AVIATION ENGINEERING: By: 2c`'� �— Uel Stephens Title: p,�,c/t�it Date: 3v �A�Jy o 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 Uel Stephens, known to me to be the person whose name is subscribed to the faregoing instrument, and acknowledged to me that the same was the act of Texas Aviation Engineering and that he executed the same as the act of Texas Aviation Engineering for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND � � q u � , 2007. y ��r �,`��r1PG�';-,, LEAH N. JIPP :_°•• �: :,; t: Notary Pub�ic, State ol Te�s ; �.�T ;= My Commission Expires ''--�';q„ �E,,��' SEPT. 25, 2010 SEAL OF OFFICE this d� day Notary Pub i in and for t tate o exas Consent to Assignment of CSC No. 11628, as previously amended by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Page 4 JOHN J. JANOVETZ, d/b/a LONE STAR AERO: /� , ��= By: ' .� -1 _ , lr��ri ��c� NaTri . .,�G.rrn.� �.% .�i�1�✓G�G�t" �— Title: �'�c�iv�`� � a�.� Sr�� R o Date: /luG'c�s' i' �D �Cc �' STATE OF TEXAS COUNTY OF �a �� '� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John J. Janovetz, 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 John J. Janovetz, d/b/a Lone Star Aero, and that he executed the same as the act of the John J. Janovetz, d/b/a Lone Star Aero, for the purposes and consideration therein expressed and in the capacity therein stated. GIV N UNDER MY HAND AND , 2007. `�`t�Y.;V�.-- LEAH N. JIPP "`�� "�� Notary Public, Sta1e of Te�s =*E *= " '�r - My Commission Expires �"'�'�;q� ��-''y'` SEPT. 25, 2010 SEAL OF OFFICE this � day Notary Pub ' n and for the ate of Texas Consent to Assignment of CSC No. 11628, as previously amended by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Page 5 Exhibit A J�ly 16, 2�0�'� I rece�v�d $Z,U��.O� as �ovv�ri pa:y�rie�at �or: inY hangar iea�� wi�h the e�ty o��or� �V�z��i.a� 44�0 Li�n�oln Av�.a �o��i WQr�h, T'�, 76146 frorn John J: �anov��; DBA Lone �t�r A:e�o. An ati�ition�.l -$ � 8;4OO.Q4 wi11 �ie due whe� all th� p�.p��' wor:�. � p�rogresses x�ir�ugh the Cit� a�Fortln �t�rth Av�atio� �e�a�meri�-s re u:l�atio�s and xhe �eas� is transferred to Jolln 1. �anov�tz, DBA � Loi�e S�r �1ero. , '��e $Z�,�O� '�� i� ju.st fQr the' �.�ng��'_�eas�.and d�e� x�at �nc�ud� ' lane ar�� etc: a�y toQls; f�r�is��r�g�, ��p � . p = � A�I �oc�ls; �r,�.x�h��gs� -a�d �1r�1�ne pa�s, �z� , �e��o��ng to �C7�I St�. : her�s r��s� �e �e��s.c��e€� fro�. t�e �an;g�:� �r� a��ne�� r��r�� ' �o� �a ex�e�d:an�� e�r �� c�a�': - ..- , : E� . � Uel �t��he�s �a�n �. ��xo�re�� City of Fort Worth, Texas Mayor and Council Communication � _ r _ ...- . ,�._ - �:...� :�: �_..�� _�� _-�_ ____.. _.._ � ___ _ _� _ : .�� _ ._� _� COUNCIL ACTION: Approved on 9/11/2007 ...._.__� :,_.o.a.�,..�._ ��__..._�.. ____�..�b.��.�_F�_..��..4.��.._,-�...:��z.�...,m.�_-��t:�_-�:....__aw _�_�u_.�..��u...__.�... .._ �_.,��_ ..._...__._�-� DATE: Tuesday, September 11, 2007 LOG NAME: 55TAE CONSENT REFERENCE NO.: **C-22378 SUBJECT: Authorize Execution of Consent to Assignment and Amendment of Unimproved Ground Lease Identified as City Secretary Contract No. 11628, at Fort Worth Meacham International Airport, by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero ... ��.�.��-;_}��..m.�...��:��,-�..�--.��. _ _� �._�;��:�_.,� ____--_:�._,.��y:� T_ _ ____._ .__-�___ .__ .F.__�._---:��.��:�.�u_:� -x� RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a written consent to assignment by Texas Aviation Engineering, of all leasehold interest in City Secretary Contract (CSC) No. 11628, as amended by CSC No. 33519, for Leasehold Site 50 South, at Fort Worth Meacham International Airport, to John J. Janovetz, d/b/a Lone Star Aero; and 2. Execute an amendment to CSC No. 11628, as previously amended and assigned, to increase the ground rental rate to the current established Schedule of Rates and Charges for similar property. DISCUSSION: On December 16, 1980, (M&C C-5442) City Council approved the execution of a 25-year unimproved ground lease consisting of 3,120 square feet of unimproved ground with Texas Aviation Engineering, known as Hangar 50 South, at Fort Worth Meacham International Airport. On January 31, 2006, (M&C C-21281) City Council approved the execution of CSC No. 33519, for one five- year lease extension of CSC No. 11628 with Texas Aviation Engineering for Hangar 50 South. The new term of the lease will expire on December 31, 2011. On July 16, 2007, staff received a request from Mr. Uel Stephens, owner of Texas Aviation Engineering, to transfer his unimproved ground lease of Hangar 50 South to John J. Janovetz, d/b/a Lone Star Aero. This would transfer all rights, title and interest from Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Subsequent to the assignment, the current unimproved ground rate will be brought up to the current established Schedule of Rates and Charges. This lease site of 3,120 square feet will generate revenue of $686.40 per year, or $57.20 monthly. This is an increase of $249.60 per year in revenue. Payment of rent with this change will commence upon the execution of the assignment and the amendment. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. Logname: SSTAE CONSENT Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the collection and deposit of funds due to the City under this Agreement. TO Fund/Account/Centers PE40 491352 0551101 686.40 .>-�..�__��,� �__:__�. .--...� � �.��,� . Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Logname: SSTAE CONSENT FROM Fund/Account/Centers Marc A. Ott (8476) Angie Highland (Acting) (5402) Angie Highland (5402) Page 2 of 2