HomeMy WebLinkAboutContract 25932 CITY SECRETARY JC
CONTRACT NO.
CONSENT TO ASSIGNMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
FIXED BASE OPERATOR LEASE AGREEMENT
(CITY SECRETARY CONTRACT NO.13160,AS AMENDED AND ASSIGNED)
STATE OF TEXAS
COUNTY OF TARRANT
This CONSENT TO ASSIGNMENT ("Agreement")is made and entered into by and between the CITY OF
FORT WORTH ("Lessor"), a home rule municipal corporation situated in Tarrant County, Texas acting by and
through its duly authorized Assistant City Manager, BARRETT-CONATSER HANGAR JOINT VENTURE
("Lessee"), acting by and through Robert L. Barrett, M.D.,L.D. Conatser and Jerry Conatser, and Zia Capital,Inc.
("Assignee").
WITNESSETH:
WHEREAS,Lessor and Lessee previously entered into City Secretary Contract("CSC")No. 13160, as amended
by CSC No. 19263 and assigned by CSC No. 13360, a lease of real property(the "Leased Premises") at Fort Worth
Meacham International Airport; and
WHEREAS, Lessee wishes Lessor to consent to an assignment by Lessee of its right, title and interest in the
Leased Premises to Assignee;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Lessor hereby consents to the assignment by Lessee to Assignee of Lessee's right, title and interest in
the Leased Premises as granted by CSC No. 13160 and as previously amended and assigned(the "Lease"). The
Leased Premises are specifically shown in the map of Exhibit "A" and described in the field notes of Exhibit
"B." Exhibits "A" and "B" are attached hereto and incorporated herein by reference for all purposes. The
Assignment Agreement between Lessee and Assignee ("Assignment") is attached hereto as Exhibit "C" and
incorporated herein 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 CSC No. 13160, as previously amended and assigned. Effective with the
execution of this Agreement, Lessee shall have no further right, interest or title to the Leased Premises.
3. Lessor consents to the Assignment expressly upon the promise and covenant by Assignee that it will
faithfully perform, as an independent contractor, all duties and obligations of Lessee as set forth in CSC No.
13160, as previously amended and assigned. Lessee understands and agrees that it will remain liable to Lessor
for performance by Assignee of all duties and obligations as set forth in CSC No. 13160, as previously amended
and assigned.
f g)RC A T"E'DOE@
IN WITNESS WHEREOF,the parties hereto'have executed this agreement in multiples to become effective
for the stated term upon the filing with 02aly
signment of a con c number by the City Secretary's Office of
the City of Fort Worth, Texas, this of , 2000.
CITY OF FORT WORTH: ATTE :
By: By:
Assistant City Manager City Secretary
APPROVED AS TO FORM AND LEGALITY:
By: Contract Authorization
Assistant City Atto 5-14 - ®o
Date: &W
Date
BARRETT-CONATSER JOINT VENTURE: ATTEST:
By: A By:
,QRobert L. Barrett,M.D.
,
By: , -12. e,,Y By:
L.D. Conatser
op
By: By:(:d ;j )
;;�Ioerpytonatser
Zia Capital, Inc. ATTEST:
By: By.
Na e: %VS E. 'SMAJ4"
Title: ?"'blotwr
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 rwAow! C2j&4aAA0 , 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.
! �. , ;,j4 �fl9 TE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi �day of–�' 2000.
PA!'7.CIA A. GARCIA -
,��( NOTARY PUBLIC
*_ ! '.•a+e of Texas Notary Public in and fo t e State of Texas
.;omsti. Exp.03,31-2001
BERTHA G
STATE OF TEXAS , No ,State of Texas
y Comm s fres
COUNTY OF TARRANT 09.18-2003
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared Robert L. Barrett, M.D., 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 Barrett-Conatser Hangar Joint Venture, and that
he executed the same as the act of Barrett-Conatser Hangar Joint Venture for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi a of��L;2000.
Not Public in and for th to of Texas
BERTHA GIANULIS
STATE OF TEXAS Notary Public,State of Texas
f
My Commisslon Expires
COUNTY OF TARRANT _ � 09-18-2003
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared L.D. Conatser, 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 Barrett-Conatser Hangar Joint Venture, and that he
executed the same as the act of Barrett-Conatser Hangar Joint Venture for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this/ day of ��—, 2000.
Notary Public in and for of Texas
:IERTH:AGIANULISw Notte of Texas
�� < Expires�F�E� 03
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Exhibit " tr
EXHIBIT B
F i ELU Nu'1 Ed
Fuh
LEASE SITE 12-A T
FORT WORTH MUNICIPAL AIRPORT
MEACHAM FIELD
A tract of land out of the James Wallace Survey , alsc being
out of a tract conveyed to the City of Fort Worth , by deed
recorded in Volume 1112, Page 574 , Deed Records, Tarrant County ,
Texas and also being a portion of Fort Worth Municipal Airport ,
Meacham Field , more particularly described using the Tei-.as
Coordinate System , North Central Cone , coordinates and bearings
as follows :
BEG Ifill ING at a cross cut in concrete at the south corner of
Lease Site 12, the coordinates of said BEGINNING POINT are: X =
?,044 , 666 .09 , Y = 417 ,887 .310 ;
THENCE: North 88 degrees 28 minutes 21 seconds West along the
north line of Access Road 50 . 0 feet to a point ;
THENCE : North 01 degrees 19 minutes 39 seconds East 68.87 feet
to a point , in the northwesterly line of Lease _ite 12;
THENCE: South 34 degrees 35 minutes 03 seconds East along said
northwesterly line 85 .25 feet to the PLACE OF BEGINNING and
containing 1 ,721 .8 square feet of land more or less .
tJRM : ALM : f:fig T-? 4-'+''2
ra r ti
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1,!+1•.
L11L:i_L• _1'1'L i- 1
1-uhT WUh'I'H HLAlt�1l-H1, Hlhl-uhl'
11EACHAPI r 1E=:LU
A tract of land out of the James Wallace Survey , being a
portion of the tract of land conveyed to the City of Fort Worth
by deed recorded in Volume 1113, Page 574 , Deed Records , Tarrant
County , Texas, and also being a portion of Fort Worth Municipal
Airport , Meacham Field , more particularly described using the
Texas Coordinate system, North Central Zone , co=ordinates and
bearings as follows .
COMMENCE at a point in the north line of 38th Street at the west
line of Horth Main Street, said point being the most easterly
southeast corner of Meacham Field;
THENCE: Horth 00 degrees 28 minutes 39 seconds East 1 ,076 .0-2
Feet and Horth 80 degrees 12 minutes 31 seconds (Jest, 1 ,039.86
feet to a mark "+ " found in concrete , the northeast corner of
the original Lease Site 12, File No. D-1029 , the northwest
corner of Lease Site 11 , File 140. D-1027 , and South 0 ! degree=_
19 minutes 39 seconds West , with the common line of said lease= ,
165 .28 feet, to a mark "+" cut in concrete , for the POINT OF
BEGINNING of the herein described lease , the coordinate_ of said
point are X = 2,044 ,669.52, Y = 418, 1335.Sc ,
THENCE: Continuing with said line , -South. 01 degrees 19 minutes
39 seconds West , 148 . 33 feet, to a marl. "+ " found, the commcn
corner of said Lease Sites 11 and 12 , and also being the east
corner of )_.ease Site 12-A,-
THENCE:
2-h;THENCE: With the common line of said Lease rtes 12 and 12-A ,
Horth 34 degr=es 3`_. minutes 03 secona= West- , at 81c- 21S f a=t , pas=
lie -north corner of 12-A, in a! 1 , 10 . 1" feet , to a 5:'3 iron
rod set , with a red cap ;
T14E710E. North 55 degrees 24 minutes S7 seconds East, 37 .00 feet ,
tc the PLACE OF BEGINNING , and containing 5 , 22E square feet of
land , more or less .
WRIT: ALM : f dg 1524 7/ 13/9-
FIELD NOTES'
FOR
LEASE SITE 12-4-F.
FORT WORTH MUNICIPAL AIRPORT
MEACHAM FIELD
A tract of land out of the James Wallace Survey , being a
portion of the tract of land conveyed to the City of Fort Worth
by deed recorded in Volume 11122 , Page 574 , Deed Records , Tarrant
County , Texas , and also being a portion of Fort Worth Municipal
Airport , Meacham Field , more particularly described using the
Texas Coordinate System, North Central Zone , coordinates and
bearings as follows:
COMMENCE at a point in the north line or 38th Street at th= west
line of North Main Street, said point being the most easterly
southeast corner of Meacham Field;
THEIICE : North 00 degrees 28 minutes 35 seconds East 1 , 975 . 02
feet and North 80 degrees 12 minutes 21 seconds West , 1 ,039 . 86
feet to a Mark "+ " found in concrete, the northeast corner of
the original Lease Site 12 , File No . D-1029 , and the northwest
corner of Lease Site No. 11 , File No . D-1027 , and the POINT OF
BEG IN14IMG of the herein described lease , the coordinates of -said
point are X = 2,044 ,673. 35 , Y = 418 , 200 .7191
THENCE: With the common line of said leases, South 01 degrees 1'=�
minutes 39 seconds West, 54 .04 feet, to a mark "+ " cut 1r
concrete;
THENCE: South 55 degrees 24 minutes 57 seconds West , 146 . 38
feet , to . a 5/8" iron rod set with a red cap, set in the
southwesterly lint of said Lease 12;
THENCE: With said line , North 34 degrees 35 minutes 01 serands
Wast , 101 .87 feet , to a S/8" iron rod set with a red cap, from
which a 3/8" iron rod found at the west corner of Lease 12 near=
North 34 degrees 35 minutes 02 seconds West , 130 . 00 feet ;
THENCE: North 55 degrees 24 minutes 57 seconds East , 110 . 0 feet ,
to a 5/8" iron rod set with a red cap;
THENCE. North 34 degrees 35 minutes 03 seconds West , 22. 36 feet,
to a iron rod set_ w ti11 a red cap , in the, north line of said
Lease Site 12;
THENCE: With said line , South 39 degrees 12 minutes 21 SeC0LIdS
East , 10-3 . 4s feet. , to the- PLACE OF BEGINNING , and containing
16 ,742 squai-e feet of land , more or less .
6� ��
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�r 17 00 10: 04a 8178200241 P. 1
EXHIBIT "C" -T
n
a
Assignment and Transfer of Lease and Leaselhirchase Ag►°eemenj a
'late: April 13,2000 a° m tv
Lease:
Date: Originally executed June 29, 1983 0 U. 0 1a
rginal Parties: City of Fort Worth, and Robert L. Barrett, M.D.
r first Assignment: Barrett assigned his interest to Barrett-Conatser Hangar Joint
P-oper•tJ-involved: Hangar 10-5, Meacham Field,Fort Worth, Texas
Effective dates;
Original Lease: June 29, 1983 0 0 LA
First Assignment: October 17, 1983 X w r-
First Amendment: August 8, 1986 LL
Second Amendment: August 14, 1992 T= e
COL.
1�- V a u.
-tier and IIolder of Lease: Barrett-Conatser Hangar Joint Venture
T ease/Purchase Agreement:
e: October 9, 1996
„ginol Parties: American West Resources,Inc. (AWR) and Robert L. Barrett, M.D.
Propert),involved: Hangar 10-S, Meacham Field,Fort Worth,Texas
Date of Alaturity: October 1, 2001
Owner and Holder of Lease/Purchase Agreement: Robert L. Barrett, M.D.
:.. ;onsideration of the sum of$10.00 and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the undersigned joint Owners and Holders of the
going Lease and Lease/Purchase Agreement do hereby transfer and assign to Zia Capital, Inc.,
i 6 i Sununit Ave., Fort Worth,Texas, 76102, effective as of the date of execution hereof, all rights of
s?id Assignors under the aforementioned Lease and/or Lease/Purchase Agreement. Assignors
Naive and release, and assign to Assignee, any and all present and future rights to receive
:lint AWR under the Lease/Purchase Agreement. Assignee may, effective immediately, and
at any time hereafter, exercise for its sole benefit all rights and privileges of Assignors under such
19e and/or Lease/Purchase Agreement, all proceeds or derivatives thereof, and of all income
tilerefi-om and payments received thereunder. Furthermore, Assignee shall have full power to enforce
such Lease andlor Lease/Purchase Agreement in its own name. Assignors do hereby, and
aneous herewith,transfer to Assignee the original of the Lease, and of the Lease/Purchase
and shall cause to be added to that document the language"Assigned to Zia Capital, Inc.,
v-ithout recourse". Similarly, the Lease/Purchase Agreement shall be endorsed "Pay to the Order of
- Capital, Inc.,by Dr. Robert L. Barrett, M.D., without recourse," However, this transfer as to the
Lea�� is subject to approval or consent by the City of Fort Worth, and is subject to the terms and
conditions of that Lease/Purchase Agreement dated October 9, 1996,by and between American West
Inc. and Robert L. Barrett. Furthermore, if or to the extent necessary or appropriate,the
`the Barrett-Conatser Hangar Joint Venture do hereby each and all adopt and ratify,
retroactively effective to the date of its execution, the aforementioned Lease/Purchase Agreement
`ween r')"-,Tett and AWR, and do hereby frilly and effectively bind themselves to that document, and
L..e present assignment and transfer thereof to Zia Capital, Inc.
VIS Ptl
o, 17 00 10: 04a 8178200241 p. 2
NOTARY PUBLIC, STATE OF TEXAS
Assignment accepted:
C'.:-ital c.
ATF OF TEXAS
COiJi1%i i- OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Dan E. Bruhl, known to me to be the person whose name is subscribed to the
resToi-a instrument, and acknowledged to me that the same was the act of Zia Capital, Inc. and that he
the same as the act of Zia Capital, Inc. for the purposes and consideration therein expressed and
in the apacity therein stated.
'v EN UNDER MY HAiNI D AND SEAL OF OFFICE this 15*fay of , 2000.
�x CYNTHIA MILEY Notary Public in and for the State of Texas
�i MY COMMISSION EXPIRES
FEBRUARY 23,2002
8178200241 P- 3
17 Ov 10: 05a
t;erors:
bert . Barrett, individually and as managing L. D. Conatser, individually and as minority
venturer of Barrett-Conatser Hangar Joint Venture venturer of Barrett-Conatser Hangar Joint.Venture
en-y onatser, individuallyand as minority
venturer of Barrett-Conatser Hangar Joint Venture
THE STATE OF TEXAS § =GtANULIS§ NotTexas Mes- . Y OF TARRANT § T�a ,�
?-fore me, the undersigned authority, on this day personally appeared Robert L. Barrett, known
;e to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration and in the capacities therein expressed.
en under my hand and seal of office this/3
-ff day of l�i�n , 2000.
NOTARY PUBLIC, ' TE OF TEXAS
"l-TE STATE OF TEXAS § BERTHA GIANULIS
§ Notaiy Public,State of Texas
OiU:h, Y OF TARRANT § rr r My commission Expires
09.18-2003
Before me, the undersigned authority,on this day personally appeared L.D. Conatser,known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
P ex-cuted the same for the purposes and consideration and in the capacities therein expressed.
:1>ven under my hand and seat of office this// day of /�/'<� �—L . 2000.
NOTARY PUBLIC, S TE OF TEXAS
E OF TEXAS § P BERTHA GIANULIS
§ 1`+ Notary Public, Stale of Texas
CO'CNT`' OF TARRANT § l- My Commission Expires
09.18 "1103
Before me,the undersigned authority, on this day personally app` re e Conatser,known to
�^to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
:ted the same Cor the purposcs and consideration and in the capacities therein expressed.
Given under my hand and seal of office this �3day of `7 `t- ,2000.
'J
rr,,t. It:II G0QG
City of Fort Worth, Texas
4volvar And council communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
5/16/00 **C-18006 55ZIA 1 of 1
SUBJECT CONSENT TO ASSIGNMENT BY BARRETT-CONASTER HANGAR JOINT VENTURE
TO ZIA CAPITAL, INC. FOR LEASE SITES 12-4-R, 12-1 AND 12-A AT MEACHAM
INTERNATIONAL AIRPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Consent to
Assignment Agreement by Barrett-Conaster Hangar Joint Venture to Zia Capital, Inc. for lease sites 12-
4-R, 12-1 and 12-A at Meacham International Airport.
DISCUSSION:
Under City Secretary Contract (No. 19263), Barrett-Con aster Hangar Joint Venture leases 23,689.8
square feet of unimproved land at Meacham International Airport. Barrett-Conaster Hangar Joint
Venture wishes to assign its leasehold interest to Zia Capital, Inc. According to the lease, City Council
approval is required for any assignment.
All terms and conditions of the lease agreement will remain in effect for the assignee.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
F RG J
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE40 491352 0552001 $4,501.08 APPROVED
Ramon Guajardo 6140 CITY COUNCIL
Originating Department Head:
MAY 16 2000
Lisa A.Pyles 5400 (from)
Additional Information Contact: � M .O
cc
adWail;1
Luis Elguezabal 5401