HomeMy WebLinkAboutContract 28992 0 8.,
Z$ U R
-ETARY
4 El'�
"0 0 N T C I cd
CONSENT TO SUBLEASE OF PROPERTY
LEASED UNDER CITY SECRETARY CONTRACT NO. 22134,
AS PREVIOUSLY AMENDED AND ASSIGNED
(AIRCRAFT MAINTENANCE HANGAR FACILITY AGREEMENT)
This CONSENT TO SUBLEASE OF PROPERTY LEASED UNDER CITY
SECRETARY CONTRACT NO. 22134, AS PREVIOUSLY AMENDED AND ASSIGNED
("Consent") is made and entered into by and between the CITY OF FORT WORTH, TEXAS
(the "City"), a home rule municipal corporation organized under the laws of the State of Texas
and acting by and through Marc Ott, its duly authorized Assistant City Manager; IAS
AVIATION SERVICES, L.L.C. ("Sublessor" or "Lessee"), a Delaware limited liability
company doing business as Eagle One Aviation, L.L.C. and acting by and through James C.
Collings, its duly authorized Manager; and SPIRIT AIRLINES, INC. ("Sublessee"), a
Delaware corporation acting by and through James R. Weiland, its duly authorized Executive
Vice President and Chief Operating Officer.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. On or about August 30, 1996, the City and International Aviation Services, Ltd., a
Texas limited partnership, entered into an Aircraft Maintenance Hangar Facility Agreement for
the lease and use of Hangar 39-N and certain other property and facilities ("Premises") located
at Fort Worth Meacham International Airport ("Airport"), which is a public document on file in
the City Secretary's Office and identified as City Secretary Contract ("CSC") No. 22134. CSC
No. 22134 became effective on August 30, 1996.
B. On or about October 2, 1997, International Aviation Services, Ltd. filed a petition
for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the
Northern District of Texas, Fort Worth Division ("Court"). On or about June 15, 1998, the
Court granted a motion by the Court-appointed Chapter 11 Trustee for International Aviation
Services, Ltd. to sell substantially all its remaining assets and to assign its right, title and interest
in the Premises to Investment Recovery, L.L.C. The City, International Aviation Services, Ltd.
and Investment Recovery, L.L.C. subsequently entered into CSC No. 24299, which constituted
Amendment No. I to CSC No. 22134 and the City's consent to the assignment of CSC No.
22134, as amended, by International Aviation Services, Ltd. to Investment Recovery, L.L.C.
C. The City, Investment Recovery, L.L.C. and Sublessor subsequently entered into
CSC No. 24300, which constituted the City's consent to the assignment of CSC No, 21-134, as
amended and assigned, by Investment Recovery, L.L.C. to Sublessor. The City also consented to
the execution of a Deed of Trust, Assignment and Security Agreement between Sublessor and
Western National Bank pursuant to CSC No. 24301.
D. The City and Sublessor subsequently entered into CSC No. 27045, which
constituted Amendment No. 2 to CSC No. 22134. CSC No, 22134, as pre vjously__.=ended and
assigned, shall hereafter collectively tv referred to as the "Agreement",
JC
Consent to Sublease under CSC' e_ 22I'14, as previously amended and assigned,
between I Aviation Services, L.L.C. (dlb/a Eagle One Aviation, L.L.C.)and Spirit Airy
Page I —------ -hi
E. Sublessor now wishes to sublease the Premises to Sublessee; Sublessee wishes to
enter into such sublease; and the City is willing to consent to such sublease arrangement, 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, the City, Sublessor and Sublessee agree as follows:
1. The City hereby consents to the sublease of the Premises by and between Sublessor and
Sublessee attached hereto as Exhibit "A" (the "Sublease"), effective as of the date that the City,
Sublessor and Sublessee have all executed this Consent ("Effective Date"). The Agreement is
incorporated herein by reference for all purposes.
2. The City does not adopt, ratify or approve any of the particular provisions of the Sublease
and does not grant any right, privilege or use to Sublessee which is different from or more
extensive than any right, privilege or use granted to Lessee by the Agreement. In the event of
any conflict between the Agreement and the Sublease, the Agreement shall control as to the City.
3. The City consents to the Sublease expressly upon the promise and covenant by Sublessee,
and Sublessee hereby promises and covenants to the City, that Sublessee will faithfully perform,
as an independent contractor, all duties and obligations of Lessee set forth in the Agreement.
4. Sublessor and Sublessee understand and agree that Sublessor and Sublessee will be
jointly and severally liable to the City for (i) the breach or default of any duty or obligation of
Lessee under the Agreement that occurs during the term of the Sublease 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 Sublessor or Sublessee, their officers, agents,
servants, employees or subcontractors during the term of the Sublease, in which case Section 16
of the Agreement shall apply to Sublessor and/or Sublessee as if Sublessee were the Lessee
under the Agreement.
5. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
[SIGNATURES OF THE PARTIES FOLLOW ON THE NEXT THREE (3) PAGES]
Consent to Su least under CSC No, 22134, as previausly amended and assigned,
I
hetween [AS Aviation Services, L.L.C. (d/b/a Eagle One Aviation, LJX)and Spirit Airlines, Inc.
Page 2
CITY OF FORT WORTH: ATTEST:
By: By:
Marc Ott L Gloria Pearson�
Assistant City Manager City Secretary
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: L-13577 6-10-03
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 be 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 day
. 2003.
HEM
&4y COMM, IE E
slco�tn'p Notary Public in and for the State ofTexass
nea
MY 26,2007
z-
Consent to Sublease under CSC No, 22134, as previously amended and assigned,
between IAS Aviation Services, t.,t,-,C. (d,,b/a Eagle One Aviation, 1,.,L,C.)and Spirit Airlines. Inc.
Page 3
IAS AVIATION SERVICES, L.L.C.
d/b/a Eagle One Aviation, L.L.C.:
By: 4\
James C,
Managq/
I
Date:
STATE OF §
COUNTY(C�� §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day personally appeared James C. Collings, known to me to be the person whose e is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
IAS Aviation Services, L.L.C. (d[b/a Eagle One Aviation, L.L.C.) and that he executed the same
as the act of the IAS Aviation Services, L.L.C. (d/b/a Eagle One Aviation, L.L.C.) for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this cP6 day
2003.
R. KATIE HANSEN
'VOURYPY81le-suffolli,-0
721 HORSESHOE DR, /Notary Public in and for the State of
A RICHFIELD,!,JTAj-.,84701
COMM, EXP 3-3042004
Consent to Sublease under CSC No. 22134,as previously amended and assigned,
between JAS Aviation Services,L.L.C.{c' fa Eagle One Aviation, L.L.C.)and Spirit Airlines, Inc,
Page 4
SPIRIT AIRLINES, INC.-
By:
James R. Weiland
Executive Vice President and Chief
Operating Officer
Date: N
STATE OF TENNESSEE §
COUNTY OF WILLIAMSON §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Tennessee,
on this day personally appeared James R. Weiland, 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
Spirit Airlines,Inc. and that he executed the same as the act of the Spirit Airlines,Inc. for the
purposes and consideration therein expressed and in the capacity therein stated.
G ER MY HAND AND SEAL OF OFFICE this day
2003.
-14
b1t Public in and f
otary Public in and for the State of T7
Consent to Sublease upd-er CSC No.22134,as previously amended and aisiped,
between l Aviation Services,L.L.C-(d/b/a Eagle One Aviation,L.L.C)and Spirit Airlines, Inc.
Page I
City of Fort Worth, Texas
"elgor el"61 4;conch COMI"U"icc�tion
DATE REFERENCE NUMBER LOG NAME PAGE
6/10/03 'S
I **L-11 3577 551AS I of 1
SUBJECT AUTHORIZE EXECUTION OF CONSENT TO SUBLEASE BY IAS AVIATION
SERVICES L.L.C. TO SPIRIT AIRLINES, INC. OF HANGAR 39-N LEASE SITE AT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Consent to Sublease
by IAS Aviation Services L.L.C. to Spirit Airlines, Inc. of the Hangar 39-N lease site at Fort Worth
Meacham International Airport.
DISCUSSION:
IAS Aviation Services, L.L.C. (IAS) currently leases the Hangar 39-N lease site at Fort Worth Meacham
International Airport (Hangar 39-N) under City Secretary Contract No. 22134, as amended (the Lease).
IAS has requested the City's consent to a sublease of Hangar 39-N that IAS proposes to execute with
Spirit Airlines, Inc. (Spirit). IAS is prohibited from its assigning the Lease or entering into a sublease of
Hangar 39-N without the City's advance consent.
The proposed sublease will be controlled by and subject to the City's Lease and Spirit will not have any
rights greater than those granted to the lessee under the City's lease. Spirit will continue to use Hangar
39-N as an aircraft maintenance and repair facility.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MO:k
Submitted for City Manager's
I CEINTER AMOUNT CITT SECRETARY
Office by: (to)
Marc Ott 84 776
Originating Department Read-
Mike Feeley(Acting) 5403 (frorn) APPROVED 06/10/03
Additional Information Contact:
Mike Feeley(Acting) 5403
Peter Valky 7 601