HomeMy WebLinkAboutContract 31763-CA1 CITY SECRETARY-
CONTRACT NO, 3h11�3-C,A1
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 31763
(TANK FARM LEASE AND PUBLIC FUELING AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
31763 ("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 Fernando Costa, its duly authorized Assistant City Manager;
PHAERO, L.L.C., ("Assignor" or"Lessee"), a Texas Corporation, acting by and through Gary
W. Havener, its duly authorized Managing Partner; and FORT WORTH FLIGHT SUPPORT,
L.L.C., a wholly owned Texas limited liability corporation of APIAQ LIMITED
PARTNERSHIP ("Assignee"), a Texas limited partnership, acting by and through H. Jill Arnold,
Vice President of Cidema Corp, general partner of Assignee.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. Lessor and Lessee previously entered into City Secretary Contract No. 31763 (the"Lease"),
a Tank Farm Lease and Public Fueling Agreement at Fort Worth Meacham International Airport
("Airport"), as further specified in the Lease and in Exhibit"A", attached hereto and hereby made
a part of this Consent for all purposes("Leased Premises").
B. 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, 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, Assignor and Assignee agree as follows:
1. Lessor hereby consents to an assignment by Assignor to Assignee of all right, 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 Lease, dated as of
May 4, 2005, is a public document on file in Lessor's City Secretary's Office and Aviation
Department and is incorporated herein by reference for all purposes.
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. In the event of any
conflict between this Consent and the Assignment, this Consent 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
Consent to Assignment of CSC No.31763
by PHAERO. L.L.C. to Fort worth Flight Support L.L.C. APIAQ
Page 1 of 5
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 of 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.
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT PAGE]
Consent to Assignment of CSC No. 3176 3)
by PHAFRO. L.L.C. to Fort worth Flight Support L.L.C. APLAQ
Page 2 of 5
IN WIT1ITESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the A3 r day of St4zi.* . , 2010.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date:
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 Fernando Costa, 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 UN ER MY HAND AND SEAL OF OFFICE this day
2010.
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10,2013
otary Public in and or the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: By:
arlene Sanders Marty Hendrix
Assistant City Attorney City Secretary
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Consent to Assignment of C'SC No. 30199 �a 000 r 00000 °QOO�4r
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by PHAF.RO. L.L.('. to Fort worth Flight Support. L.L.('. API.AQ
Page 3 of 5
PHAERO, L.L.C.:
By: PHAERO, L.L.C, a Texas
Corporation and its managing partner:
By: G1/
Gary W. Hav ner
Managing Partner
Date: 8 QL5--,20 I t)
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 Gary W. Havener, 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
PHAERO, L.L.C. and that he executed the same as the act of PHAERO, L.L.C. for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVE UNDER MY HAND AND SEAL OF OFFICE this ,`� S day
2010.
y P e' RHEA ROLLINGS -
a Notary Public,State of Texas Notary Public in and for the State of Texas
My Commission Expires
`* February 91, 2912
f of i,••.•
Consent to Assignment of CSC No.30199
by PHAFRO, L-L.C. to Fort Vbrorth Flight Support. L.L.C. AP1AQ
Page 4 of 5
FORT WORTH FLIGHT SUPPORT, L.L.C.,
wholly owned by:
APIAQ Limited Partnership, a Texas
limited partnership and its general partner:
By:
H.Al rnold
Vice President of Cidema Corp
General Partner
Date: '3c)/c7
STATE OF §
COUNTY OFt
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared H. Jill Arnold, 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 Fort
Worth Flight Support,wholly owned by APIAQ Limited Partnership, and that she executed the
same as the act Fort Worth Flight Support, wholly owned by APIAQ Limited Partnership, for
the purposes and consideration therein expressed and in the capacity therein stated.
G VEN UNDER MY HAND AND SEAL OF OFFICE this _ day
2010.
1
�.• d '- RHEA ROLLINGS
_ Notary Public,state of Texas
..•'�.= Notary Public in and for the State of Texas
a My Commission Ex fires �'
PAbruary 01, 20 p2
Consent to Assignment of CSC No.30199
by PHAFRO. L.L.C. to Fort worth Flight Support. L.L.C. APIAQ
Page 5 of 5
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2010
DATE: Tuesday, September 14, 2010 REFERENCE NO.: **C-24433
LOG NAME: 55FTW ASSIGNMENT BY PHAERO
SUBJECT:
Authorize the Execution of Consent to Assignment of a Tank Farm Lease and Public Fueling Agreement
Identified as City Secretary Contract No. 31763, at Fort Worth Meacham International Airport, by Phaero,
L.L.C., to APIAQ Limited Partnership(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a written consent to
assignment by Phaero, L.L.C., of all leasehold interest in City Secretary Contract(CSC)No. 31763 at Fort
Worth Meacham International Airport, to APIAQ Limited Partnership.
DISCUSSION:
On May 4, 2004, (M&C C-20056)the City Council authorized execution of a Tank Farm Lease and Public
Fueling Agreement with Phaero, L.L.C., (CSC No. 31763)at Fort Worth Meacham International Airport.
Staff has received a request from Mr. Gary W. Havener of Phaero, L.L.C., to assign all rights, title and
interest in the Lease to APIAQ Limited Partnership. Upon City Council approval, APIAQ Limited
Partnership will assume oversight of all leasehold interests and obligations associated with the
Lease. City staff has no objection to this request.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
No attachments found.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13996&print=true&DocType=Print 9/17/2010