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Home My WebLink AboutContract 35803-CA1 CITY SECRETARY CONTRACT NO. CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.35803 UNIMPROVED GROUND LEASE AGREEMENT FORT WORTH SPINKS AIRPORT LEASE SITE E-20 This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 35803 ("Consent") is made and entered into by and between the CITY OF FORT WORTH, TEXAS ("Lessor"), a Texas 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; NEWONE HANGARS, LLC ("Assignor" or "Lessee"), a Texas limited liability company, acting by and through DANIEL DUBOSQUE, its duly authorized Managing Member; and ART AERO DESIGN, LLC ("Assignee"), a Texas limited liability company, acting by and through JUAN JESUS VELAZQUEZ MONTERRUBIO, its duly authorized Chief Executive Officer. RECITALS: The following introductory provisions are true and correct and form the basis of this Consent: `A. On August 28, 2007 (M&C C-22344), Lessor and Lessee entered into City Secretary Contract ("CSC") No. 35803, as amended by CSC 35803-A1, an Unimproved Ground Lease Agreement for lease site E-20 ("Leased Premises")at Fort Worth Spinks Airport("Airport"). The lease and amendment are public documents on file in Lessor's City Secretary's Office and shall hereinafter be collectively known as the"Lease". B. Lessee now wishes to assign all of Lessee's remaining 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. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor, Assignor and Assignee agree as follows: R 1. Lessor hereby consents to an assignment by Assignor to Assignee of all its remaining R right, title and interest in the Leased Premises granted to Lessee by the Lease (the Z "Assignment"), effective as of the last date that Lessor, Assignor and Assignee have executed ri this Consent("Effective Date"). The Lease is incorporated herein by reference for all purposes. The Assignment, dated as of October 15, 2014, is a public document on file in Lessor's City z Secretary's Office and Aviation Department and is incorporated herein by reference for all purposes. ca N O v, Consent to Assignment of CSC No.35803 by Newone Hangars,LLC to Art Aero Design,LLC Page 1 of OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 2. Lessor does not adopt, ratify or approve any of the particular provisions of the Assignment and does not grant any remaining 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 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 will be 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 (subject to the terms of the Lease), 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. Assignee understands and agrees that Assignee will be liable to Lessor for(i) any duty or obligation of Lessee that Lessee is required by the Lease to undertake or perform on or after the Effective Date and (ii) for any damages (subject to the terms of the Lease), including, but not limited to, property loss, property damage and/or personal injury of any kind, including death, to the extent caused by Assignee, its officers, agents, servants, employees or subcontractors. 6. The person signing this Consent hereby warrants that he/she has the legal authority to execute this Consent on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Consent. 7. All terms in this Consent that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WIT-INESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of �TQ" 2015. CITY OF FLIRT WORTH/: Fernando Costa Assistant City Manager Date: /1201 S Consent to Assignment of CSC No.35803 by Newone Hangars,LLC to Art AeTo Page 2 of 4 Design,LLC OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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 UNDER MY HAND AND SEAL OF OFFICE this day 2015. "" EVONIA DANIELS 2: `�__ Notary Public,State of Texas My Commission Expires to Public in and for the State of Texas °° July 10, 2017 �' APPROVED AS TO FORM ATTEST: AND LEGALITY: a 'o°°°°° By: By: g70 Mary J. Kayser $ 8� $ o Assistant City Attorney City Secretary % M -3 'FxAS &C: 4 Date: 1 lc 12t)t S ASSIGNOR: ATTEST: NEWONE HANGARS, LLC By; By: c Daniel que, Managing Member Date: S c� Consent to Assignment of CSC No,35803 OFFICIAL RECORD by Newone Hangars,LLC to Art Aero Design,LLC CITY SECRETARY Page 3 of 4 FT WORTH,TX STATE OF KENTUCKY § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Daniel DuBosque, 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 Newone Hangars, LLC, and that he executed the same as the act of Newone Hangars, LLC, for the purposes and consideration therein expressed and in the capacity therein stated. TEN UNDER MY HAND AND SEAL OF OFFICE this .day 2015. k-1 Notary Pub is in and for State of Kentucky AS NEE: AT ST: ART O DESIGN, LLC By: By: Juan Jesus Ve quez Monterrubio Chief Executive facer Date: STATE OF TEXAS COUNTY OF § BEFORE ME, the undersigned authority, otary Public in and for the State of Texas, on this day personally appeared Juan Jesus Velazquez onterrubio, known to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that the same was the act of Art Aero Design, LLC, and that he executed the e as the act of Art Aero Design, LLC for the purposes and consideration therein expressed and in e capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE t ' day 201_. Notary Public in and for the State of xas Consent to Assignment of CSC No.35803 by Newone Hangars,LLC to Art Aero Design,LLC Page 4 of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX COUNTY OF § BEFORE ME, the un rsigned authority, a Notary Public in and for the State of Texas, on this day personally appeared D iel DuBosque, known to me to be the person whose name is subscribed to the foregoing instru nt, and acknowledged to me that the same was the act of Newone Hangars, LLC, and that he cuted the same as the act of Newone Hangars, LLC, for the purposes and consideration therein exp ssed and in the capacity therein stated. GIVEN UNDER MY HAND AND EAL OF OFFICE this day 201 . Notary Public> nd for the State of Texas ASSIGNEE: ATTEST: ART A 1919N,AC By: By: Juan Jesus el quez Monterrubio Chie xecuttivle Officer Date: STATE OF TEXAS l— § COUNTY OF Wehb § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Juan Jesus Velazquez Monterrubio, 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 Art Aero Design, LLC, and that he executed the same as the act of Art Aero Design, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OFFICE this / day 2015 Notary Public in and for the State of Texas q e,% PATRICIA CLEMENS I - Notary Public,state of Texas My Commission Expires March 29, 2016 Consent to Assignment of Cs o. by Newone Hangars,LLC to An Aero Design,LLC OFFICIAL RECORD Page 4 of 4 CITY SECRETARY FT. WORTH,TX M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo�H COUNCIL ACTION: Approved on 1/6/2015 DATE: 1/6/2015 REFERENCE NO.: **C-27143 LOG NAME. 55FWS ASSIGN NEWONE HANGAR CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of Consent to Assignment of Hangar Lease Agreement by Newone Hangars, LLC, to Art Aero Design, LLC, for Lease Site E-20 at Fort Worth Spinks Airport (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Consent to Assignment of a Hangar Lease Agreement by Newone Hangars, LLC, to Art Aero Design, LLC, for Lease Site E-20 at Fort Worth Spinks Airport. DISCUSSION: Newone Hangars, LLC (Newone), currently holds a Hangar Lease Agreement for Lease Site E-20, also known as City Secretary Contract (CSC) No. 35803 (M&C C-22344), as amended by Amendment No. 1, CSC No. 35803-A1 (M&C C-25415). Lease Site E-20 consists of 158,735 square feet of ground space and includes a 51,375 square foot hangar at Fort Worth Spinks Airport. Staff has received a request from Newone to assign the Lease Agreement to Art Aero Design, LLC. Upon City Council approval, Art Aero Design, LLC, will assume oversight of all leasehold interests and obligations associated with the lease. Staff has no objection to this request. Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6, Mapsco 119R. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services 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: Fernando Costa (6122) Originating Department Head: Bill Welsted (5402) Additional Information Contact: Aaron Barth (5434) ATTACHMENTS 55FWS ASSIGN NEWONE HANGAR -MC Map.pdf 1/1 5120 15