HomeMy WebLinkAboutContract 30934 CITY SECRETARY
CONTRACT NO.
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 16363,
AS PREVIOUSLY AMENDED AND ASSIGNED
(FIXED BASE OPERATOR LEASE AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
16363, 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, acting by and through
Marc Ott, its duly authorized Assistant City Manager; MICHAEL L. RICHARDSON
("Assignor" or "Lessee"), an individual; and WTW PROPERTIES, INC. ("Assignee"), a
Texas corporation.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. Lessor and RAS Investments, Inc., previously entered into City Secretary Contract
("CSC")No. 16363, a Fixed Based Operator Lease for the lease and use of real property
knows as the Hangar 52-S Lease Site and any improvements and facilities thereon
("Leased Premises") at Fort Worth Meacham International Airport("Airport").
B. CSC No. 16363 was subsequently amended by CSC Nos. 16417, 19817 and 24157 to
adjust the term and Premises leased (collectively, the "Lease"). The Lease is a public
document on file in Lessor's City Secretary's Office.
C. On or about August 19, 1998, in accordance with CSC No. 24158, RAS Investments,
Inc. previously assigned all of its rights, title and interest in the Leased Premises to
Lessee.
D. 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 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
u} reference for ari purpose§.—"Me 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
Consent to Assignment of CSC No. 16363,as previously amended and assigned,
by Michael L.Richardson to WTW Properties,Inc.
Page 1 + is ii
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.
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 PAMEDIATELY FOLLOW]
Consent to Assignment of CSC No. 16363,as previously amended and assigned,
by Michael L.Richardson to W'I'W Properties,Inc.
Page 2
CITY OF FORT WORTH: ATTEST:
B
By:
1 V
Marc Marty Hendrix
Assistant ity Manager City Secretary
Date:
APPROVED AS TO FORM AND LEGALITY:
By: V 4t V��
Maleshia b. Farmer
Assistant City Attorney
M&C: C-20276 9/14/04
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 1 day
21 2004.
�µY HETTIE LANE
MY COMMISSION EXPIRES.
! 4
July 26,2007 No ary Public in and for the State of Texas
Consent to Assignment of CSC No. 16363,as previously amended and assigned,
by Michael L.Richardson to WTW Properties,Inc.
Page 3
MICHAEL L. RICHARDSON:
Michael L. Richardson
Date: /0".7-o—dL
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 Michael L. Richardson, 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
Michael L. Richardson and that he executed the same as the act of Michael L. Richardson for the
purposes and consideration therein expressed and in the capacity therein stated.
G-LVEN UNDER MY HAND AND SEAL OF OFFICE this day
2004.
JAMES F. MAY [�L
* Notary Publlo Not blic inand the State o exas
state of Texaa
My comm. E!xplr®s 11-03-07
Consent to Assignment of CSC No. 16363,as previously amended and assigned,
by Michael L.Richardson to WTW Properties,Inc.
Page 4
' Exhibit
' q -"ITY SECRETARY
�ONTRACT NO. o �
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 16363,
AS PREVIOUSLY AMENDED
(FIXED BASE OPERATOR LEASE)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
16363,AS PREVIOUSLY AMENDED ("Consent"),is made and entered into by and between the
CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of
Tarrant and Denton Counties, Texas acting by and through Ramon Guajardo, its duly authorized
Assistant City Manager; RAS INVESTMENTS, INC., a Texas corporation ("Assignor" or
"Lessee"), acting by and through Richard A. Siegel, its duly authorized President; and MICHAEL
L. RICHARDSON("Assignee"), an individual.
The following introductory provisions are true and correct and form the basis of this
Consent.
A. On or about April 25, 1988, the City and Assignor entered into City Secretary
Contract ("CSC") No. 16363, a Fixed Base Operator Lease for the lease and use of the property
known as the Hangar 52-S Lease Site and any improvements and facilities thereon("Premises") at
Fort Worth Meacham. International Airport ("Airport"). CSC No. 16363 was subsequently
amended by CSC Nos. 16417, 19817 and 24167 to adjust the term and the Premises leased to
Assignor. CSC No. 16363, as amended by CSC Nos. 16417, 19817 and 2.415 are all public
documents on file in the City's City Secretary's Office and shall hereafter collectively be referred to
as the "Lease." .
B. Assignor now wishes to assign all of Assignor's rights, title and interest in the
Premises under the Lease to Assignee, and the City is willing to consent to such assignment,
subject to the provisions and conditions of this Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged,the City,Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest in the Premises granted to Assignor by the Lease (the "Assignment"). The Lease is
incorporated by reference as part of this Consent for all purposes. The Assignment is
attached hereto as Exhibit"A."
2. The City 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
a rngbt;"pr! -ge oirtuse granted-to Agsigfor Vy—fferease.
Effective with the execution of this Consent,Assignor shall have no further right, interest or
title to the Premises.
Consent to Assignment of CSC No. 16363,as previously amended,
to Michael L.Richardson
3. The City 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 that Assignee will faithfully perform, as an independent
contractor, all duties and obligations of Lessee set forth in the Agreement. Assignor
understands and agrees that it will remain liable to the City for performance by Assignee of
all duties and obligations of Lessee set forth in the Lease and this Consent.
4. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Consent in multiples this
day of A Ver ' 1998.
CITY OF FORT ORT ATTEST:
/l/7 J ✓]V
lY)iK.E Gra oME2 G oria Pearson
Assistant City Manager City Secretary
APPROVED AS TO FORM AND LEGALITY:
Peter Vaky 67
Assistant City Attorney
RAS STMENTS, INC.
By:
&,
Richard A. §iegel
President
Consent to Assignment of CSC No. 16363,as previously amended, 1
to Michael L.Richardson L-------------------
AUCHAEL L.RICHARDSON
Consent to Assignment of CSC No. 16363,as previously amended,
to Michael L.Richardson
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the under i e uthon , 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 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 I R day of
1998.
�11�Y SHIRLEY MOUSER
NOPublic
S
STATE OF TEXAS �'y No Public and for the State of Texas
° � t
OF my con.W.08�11�2ooi
STATE OF TEXAS §
COUNTY OF_A&aL §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Richard A. Siegel 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 RAS
Investments, Inc. and that he executed the same as the act of RAS Investments, Inc. for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1998.
P 4,
[:A�tkydeo DREX BAKER
NOTARY PUBLIC N c in and for the State of Texas
yP STATE OF TEXAS
COMM. EXP. 09/25/00
Consent to Assignment of CSC No. 16363, as previously amended,
to Michael L.Richardson
STATE OF TEXAS §
COUNTY OF :�MAJ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Michael L.Richardson,known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his
act for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of��•
1998. _
rPY�P�e; DREX BAKER
n. NOTARY PUBLIC o cin and for the State of Texas
3 STATE OF TEXAS
COMM. EXP. 09/25/00
-71-7 .1 7,111 711-,�
Consent to Assignment of CSC No. 16363,as previously amended,
to Michael L.Richardson ---
EXHIBIT "A"
GF NO. 98903070 STNT DB Jh
ASSIGNMENT OF LEASE AGREEMENT
Names of Parties
THIS AGREEMENT is made between RICHARD A. SIEGEL d/b/a RAS INVESTMENTS,
INC. , called assignor in this Agreement, and MICHAEL L. RICHARDSON, called the
Assignee In this Agreement.
Recitals
WHEREAS on April 25, 1988. the CITY OF FORT WORTH and RAS INVESTMENTS,
INC. entered Into an Aircraft Hangar Facility Agreement ("Agreement") for the
lease and use of Hangar Site 52-5 and certain other property and facilities
("Premises") located at Fort Worth Meacham International Airport C"Airport"),
specifically identified in the Agreement. located on the property situated In
Tarrant County, Texas, and described as follows, to—wit:
All that certain lot. tract or parcel of land situated in Tarrant
County. Texas, and being more particularly described on Exhibit
"A" attached hereto and made a part hereof for all purposes
pertinent .
Said Agreement Is a public document on file In the City's City Secretary's
Office and identified as City Secretary Contract No. 16363, and being more
particularly described on EXhIbIt "B" attached hereto and by reference made a
part hereof for all purposes pertinenti and,
WHEREAS the Assignor now desires to assign said Lease to the Assignee,
and the Assignee desires to accept the Assignments
Assignment
in consideration of the sum of TEN AND NO/900 DOLLARS CS10.00) , receipt
of which Is acknowledged by this Agreement, and the Agreement of the Assignee
set forth below, the Assignor assigns to the Assignee and the Assignee's
heirs, executors, administrators. and assigns all right. title and Interest In
And to the Premises. The CITY OF FORT WORTH C"Lessor") hereby consents to
said Assignment, and. does not adopt, ratify or approve of any of the
Particular provisions of the Assignment and does not grant any right,
Privilege or use to Assignee that is different from or more extensive than any
right. privilege or use granted to RAS INVESTMENTS, INC. by the Agreement .
Assignee accepts the Assignment and. In addition, expressly assumes and agrees
to perform and fulfill all the terms, covenants, conditions, and obligations
required by the Assignor'under said Lease.
Binding on Successors
This Agreement shall be binding on and Inure to the benefit of the
Parties to this Agreement. their heirs, executors, administrators, successors
In Interest, and assigns.
DATED this day of August, 1998.
RICHARD A. SIEGEL d/b/a RAS INVESTMENTS. INC. . Assignor
MICHAEL L. RICHARDSON, Assignee
ASSIGNMENT OF LEASE AGREEMENT. Page 1
C:\STHB\903070.1
ACKNOWLEDGUENT
STATE OF TEXAS
COUNTY OF
This Instrument was acknowledged before me on , 1998, by
RICHARD A. SIEGEL.
Notary Public, State of Texas
ACKNOWLEDGMEWr
STATE OF TEXAS
COUNTY OF TARRANT
This Instrument was acknowledged before me on 1998, by
MICHAEL L. RICHARDSON.
Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
THE STEINBACH LAW FIRM
14643 Dallas Parkway, Suite 325
Dallas, Texas 75240
AFTER RECORDING RETURN TO:
MICHAEL L. RICHARDSON
4051 Lincoln
Fort Worth, Texas 76108
ASSIGNMENT OF LEASE AGREEMENT, Page 2
C:\STHB\903070.1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2004
DATE: Tuesday, September 14, 2004
LOG NAME: 55RICHARDSONWTW REFERENCE NO.: **C-20276
SUBJECT:
Consent to Assignment of City Secretary Contract No. 16363, a Lease for Hangar 52S at Fort Worth
Meacham International Airport, by Michael L. Richardson to WTW Properties, Inc.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a written consent to an
assignment by Michael L. Richardson, of all leasehold interests in lease site 52S at Fort Worth Meacham
International Airport, to WTW Properties, Inc.
DISCUSSION:
The City previously executed a lease agreement with RAS Investments, Inc. under City Secretary Contract
(CSC) 16363, as amended, which was subsequently assigned to Mr. Michael L. Richardson under CSC No.
24158, with the consent of the City.
Mr. Michael L. Richardson has entered into a purchase and sale agreement under which Mr. Michael L.
Richardson has agreed to sell all of his rights, titles and interests in Airport lease site 52S, as provided by
his lease, to WTW Properties, Inc. The proposed consent agreement with the City calls for WTW
Properties, Inc. to assume all of Mr. Michael L. Richardson's duties and obligations under this lease.
Mr. Michael L. Richardson's lease prohibits assignments to third parties without the City's written
consent. Section 2-9 of the City Code requires advance City Council approval before the City Manager may
accept or execute any legal instrument for the lease of City property for a period in excess of 30 days.
Fort Worth Meacham International Airport is located in Council District No. 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 • Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55RICHARDSONWTW Paee 1 of l
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1312008
DATE: Tuesday, May 13, 2008
LOG NAME: 55WTW 52S NEW REFERENCE NO.: **C-22805
SUBJECT:
Authorize Termination of City Secretary Contract No. 16363, an Unimproved Ground Lease
Agreement for Lease Site 52S with WTW Properties, Inc., at Fort Worth Meacham International
Airport; and Authorize Execution of a New Unimproved Ground Lease Agreement, with Mandatory
Improvements, with WTW Properties, Inc., for the Construction of a New 12,000 Square Foot
Hangar on Lease Site 52S at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract No. 16363, an Unimproved Ground Lease Agreement, with Mandatory
Improvements, with WTW Properties, Inc., at Fort Worth Meacham International Airport; and
2. Authorize the execution of a new Unimproved Ground Lease Agreement, with Mandatory Improvements,
with WTW Properties, Inc., for the construction of a new 12,000 square foot aircraft storage hangar on
Lease Site 52S at Fort Worth Meacham International Airport.
DISCUSSION:
On April 5, 1988, the City Council approved M&C L-10892 authorizing the lease of 13,948 square feet of
unimproved land, known as Hangar 52S at Fort Worth Meacham International Airport, to RAS Investments
and subsequently executed a lease, on file as City Secretary Contract No. 16363.
On September 14, 2004, City Council authorized the City Manager to execute a written consent to
assignment to WTW Properties, Inc. (WTW Properties), assigning all rights, title, and interest in the leased
premises known as 52S at Fort Worth Meacham International Airport.
WTW Properties proposes to demolish and remove the hangar on lease site 52S and construct a new
12,000 square foot hangar on the same site. WTW Properties also proposes to amend the current square
footage of the leased premises.
The total square footage requested is 21,514 square feet at the rate of $0.22 per square foot annually.
Revenue generated from this lease will be $394.42 per month, or $4,733.08 annually. This is in accordance
with the Aviation Department's current Schedule of Rates and Charges. The exact square footage will be
determined by a new ground survey.
The ground lease will be for thirty years with two five-year options to renew. The initial term of the lease will
commence upon the issuance of the certificate of occupancy. The lease rate shall be subject to increase on
October 1st of any given year to reflect any upward changes in the Consumer Price Index (CPI). All terms
and conditions of the lease agreement will be in accordance with City and Aviation Department policies.
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 5/29/2008
Page 2 of 2
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Aviation Department will be responsible for the collection and deposit
of funds due to the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/C enters
PE40 491352 0551101 $4,733.08
Submitted for City Manager's Office by: Tom Higgins (6266)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Ryan Cox (5407)
http://al)ps.cfwnet.or-/council_packet/Reports/mc_print.asp 5129/2008