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HomeMy WebLinkAboutContract 8420 CONSENT TO AMENDMENT OF SUBLEASE UNDER CONTRACT NO. 7920 STATE OF TEXAS ) CITY SECRETARY. COUNTY OF TARRANT ) CONTRACT No....VMP This Agreement made by and between the City of Fort Worth, State of Texas (hereinafter referred to as "Lessor") , and D. E. Hansen of Tarrant County, Texas (hereinafter referred to as "Lessee") ; W I T N E S S E T H: WHEREAS, Lessor and Lessee entered into that certain Contract and Lease Agreement, No. 7920 covering a certain tract of land designated therein as Location 1 (which Contract and Lease Agreement is referred to hereinafter as the "Lease") ; and WHEREAS, Lessee has heretofore, with the consent of Lessor, subleased said premises to Meacham Aero, Inc. ; and WHEREAS, said Contract No. 7920 has been amended by a "First Amendment to City Secretary Contract No. 7920" and, contemporaneously with the giving of this Consent, is being amended by a "Second Amendment to Fixed Base Operator Lease City Secretary Contract No. 7920" , and Lessee desires to amend his sublease to Meacham Aero, Inc. , to incorporate in such sublease the terms of the First and Second Amendments to said City Contract No. 7920, and the City of Fort Worth is willing to grant its consent to such Amendment of such sublease on the terms and conditions set out in this Agreement; NOW, THEREFORE, for good and valuable considerations, the receipt of which is hereby acknowledged, and in consideration of the mutual covenants herein contained, Lessor and Lessee agree as follows: 1. Lessor acknowledges that Lessee has submitted to Lessor and Lessor has received a copy of an Amendment of Agreement of Sub- lease between Don E. Hansen, Sublessor, and Meacham Aero, Inc. , Sublessee, a copy of which is attached hereto and hereby made a part hereof, pursuant to and for purposes of complying with Article VII.B. of the Lease. OFFICIAL RECORD CITY SUP mTARY m fillL T9. M 2. Lessor hereby grants to Lessee the consent of Lessor to enter into said Amendment of Agreement of Sublease, and acknow- ledges that Lessee has complied with said Article VII.B. of the Lease with regard to said Amendment of Agreement of Sublease; provided, however, that such consent is granted on the condition and with the understanding that Lessee hereby executes and agrees to guaranty the performance of the Lease as hereinafter set forth. 3. In consideration of and as an inducement to the granting of the consent by Lessor hereinabove, Lessee hereby acknowledges and agrees that the execution and entering into of the said Amendment of Agreement of Sublease in no way relieves Lessee of any liability or obligation of Lessee to Lessor under the Lease; and Lessee hereby guaranties to Lessor, its successors and assigns, the prompt and punctual payment of all rent and all other sums to be paid by the Sublessee while said Sublease Agreement is in effect, and the full, complete and faithful performance by Sublessee of all the provisions of the Sublease requiring said Sublessee to perform and carry out provisions of the Lease during the terms of the said Sublease Agree- ment in effect. Lessor may demand performance, and upon demand, Lessee shall perform any obligation of Lessee hereunder, and Lessor may pursue any and all remedies it may have against Lessee, without any necessity or requirement that Lessor first make any claim or demand on, or pursue or exhaust any other remedies against the Sublessee under said Amendment of Agreement of Sublease. 4. All of Lessor's rights and remedies under the Lease and under this guaranty shall be distinct, separate and cumulative, and no such right or remedy therein or herein set forth shall be in exclusion of or a waiver of any other rights or remedies to which Lessor shall be entitled at law or in equity with respect to said Lease or this guaranty. EXECUTED this ��day of October, 1975. LESSEE: Don E. Hansen -2- LESSOR: THE CITY OF FORT WORTH ATTEST: BY City Managet ity Secretary APPROVED AS TO FORM AND LEGALITY: r City Attorney -3- AMENDMENT OF AGREEMENT OF SUBLEASE STATE OF TEXAS ) COUNTY OF TARRANT } WHEREAS, Don E. Hansen and Meacham Aero, Inc. , a Texas corporation, made and entered into an Agreement of Sublease dated August 1, 1974, wherein Don E. Hansen (being the same person as D. E. Hansen) subleased to Meacham Aero, Inc. , certain realty designated and described in Contract No. 7920 in the Office of the City Secretary of the City of Fort Worth, Texas, dated June 28, 1974, and the improvements thereon, and WHEREAS, the rights and obligations of Don E. Hansen are being modified by a Second Amendment to Fixed Base Operators Lease City Secretary Contract No. 7920, executed contemporaneously with this Amendment of Agreement of Sublease, permitting the operation of a restaurant and sale of food and alcoholic beverages on the leased premises, and the parties desire to permit the operation of such restaurant and sale of such food and alcoholic beverages by Hansen's sublessee, Meacham Aero, Inc. ; and WHEREAS, :aid City Contract No. 7920 has previously been amended by a First Amendment to City Secretary Contract No. 7920 and Hansen desires to amend the Agreement of Sublease to Meacham Aero, Inc. , to conform with said first Amendment; NOW, THEREFORE, Don E. Hansen, hereinafter called "Sublessor", and Meacham Aero, Inc. , hereinafter called "Sublessee", make and enter into the following Agreement: 1. Paragraph 2 of the Agreement of Sublease between Sublessor and Sublessee of realty described in said City Contract No. 7920 is amended to read as follows: "2. SUBJECT TO CITY LEASE. Notwithstanding any other provision or provisions contained herein, this Agreement is in all things subject and sub- ordinate to the City Lease, as amended by First Amendment to City Secretary Contract No. 7920 and as amended by Second Amendment to Fixed Base Operators Lease City Secretary Contract No. 7920." 2. Sublessor hereby grants to Sublessee the privilege of operating a restaurant and of selling food, drinks and alcoholic beverages on the demised premises. 3. Sublessee shall provide and install, at its own cost and expense, all stoves, refrigerators and other kitchen equipment together with all furnishings, interior decorations, supplies and inventories required for the operation of such restaurant. 4. In the event that Sublessee shall desire to make altera- tions or modifications to improvements presently constructed and existing on the demised premises and required for the operation of a restaurant as contemplated in this Amendment, Sublessee shall first submit to City of Fort worth working plans, drawings and specifications clearly portraying such alterations or modifications, and no such work of alterations or modifications shall be commenced without the prior written consent of the City of Fort Worth. Sublessee shall comply strictly with all applicable statutes, laws, codes or ordinances in connection with any such alterations or modifications of the demised premises. All alterations or modifi- cations of the demised premises shall be performed at Sublessee's sole cost and expense. Sublessee shall complete the demised premises improvements, alterations, and modifications free and clear of liens for labor and materials and shall hold the Sublessor harmless from any liability in respect thereto. 5. Upon the completion of any alterations or modifications as referred to in the preceding paragraph, and the installation of any fixtures, interior decorations and furnishings, of such nature as cannot be removed without damage to the demised premises or the improvements presently constructed or existing thereon, title thereto shall vest in the City of Fort Worth; provided, how- ever, that during the term of City Secretary Contract No. 7920, or any extension thereof, Sublessee at its sole cost and expense, shall maintain, repair, replace and keep in good operating condition, the restaurant, including fixtures, interior decoration and finishings as well as all improvements on the demised premises. Title to all -2- removable furnishings, furniture, fixtures and supplies shall remain in Sublessee. 6. A. Type of Operation. Sublessee shall furnish service to the public on a fair, reasonable and non-discriminatory basis. Sublessee shall maintain and operate the demised premises and im- provements in a first-class manner and shall keep the same in a safe, clean, orderly and inviting condition at all times. All services and goods sold must conform in all respects to federal, state and municipal laws, ordinances and regulations. B. Personnel. Sublessee shall at all times retain an active, qualified, competent and experienced manager to supervise the restaurant operations and be authorized to represent and act for Sublessee.. The name of manager shall be provided to the City on a current basis. Sublessee shall maintain a close check over attendants and employees to insure the maintenance of a high standard of service to the public. Sublessee shall operate the restaurant including the sale of food and alcoholic beverages in strict compliance with all applicable federal, state and municipal laws, statutes or ordinances and all directives from the Health, Police and Fire Departments of the City of Fort Worth by its officers, employees, or agents and the officers of any governmental subdivision or agency having juris- diction thereover shall have the right to enter upon and inspect the restaurant premises and operations at all reasonable times. 7. Sublessee shall bear at its own expense all costs of operating the restaurant and all other operations on the demised premises, and shall pay in addition to rental all other costs con- nected with the use of the premises and facilities thereon including, but not limiting the generality thereof, maintenance, insurance, water, electricity, any and all taxes, heat, custodial service and supplies, and all permits and licenses required by law. 8. Sublessee shall obtain and pay all licenses or permits necessary or required by law for the conduct of its operations hereunder. -3- 9. As additional consideration for this lease and the privilege of operating a restaurant and selling food and alcoholic beverages on the demised premises, Sublessee agrees to pay to Sublessor a percentage of its gross receipts from the operation of the restaurant and the sale of food and alcoholic beverages on the demised premises as follows: A. From the present through September 30, 1978: Percentage Payable: None B. From October 1, 1978, through the term of this lease: Percentage Payable: 1% Gross Receipts: On all amounts in excess of $50,000.00 per month. 10. The term "gross receipts" as used herein shall include all receipts derived from the operation of the restaurant and the sale of food or alcoholic beverages under this lease regardless of whether the serving or delivery of the products, commodities or merchandise is done or made on the demised premises or elsewhere, and regardless of whether receipts are derived or collected by Sublessee or by any sublessee, it being definitely understood that the gross receipts of all sublessees derived from or related to the operation of the restaurant and/or the sale of food or alcoholic beverages under this lease shall be included in the term "gross receipts" as defined herein. 11. All rental payments hereunder shall be paid to Don E. Hansen, Meacham Aero, Inc. , 500 N. W. 38th Street, Fort Worth, Texas 76106, or to such other address as Sublessor may designate by written notice to Sublessee. 12. Sublessee agrees to maintain accounting records which will correctly reflect all of its gross receipts from the operation of the restaurant and the sale of food and alcoholic beverages. Such accounting records shall be kept in accordance with generally accepted accounting methods and principals and shall be made available for inspection by duly authorized representatives of the City at all reasonable times. within a reasonable time after the end of each -4- fiscal year during the term hereof, Sublessee shall furnish Sublessor an annual certified audit report by an independent certified public accountant stating the monthly gross receipts of Sublessee during such fiscal year. 13. The provisions of this Amendment shall be cumulative and shall be read with and as a part of said Agreement of Sublease dated August 1, 1974. All of the terms, conditions and provisions of said Agreement of Sublease which are not amended hereby shall remain in full force and effect. EXECUTED this the AW day of October, 1975. Z Don E Hansen SUBLESSOR MEACHAM AFRO, INC. A I '/ By A111 `' .0 u� Don E. Hansen, President SUBLESSEE -5- City of Fort Worts, Texas Mayor and Council Communication DATE REFERENCE SUBJEC lCOnsent to Assignment of Most re- PAGE NUMBER - Cent Amendment to City Secretary Col trac lo' 29%75 C-3225 1 of 1 � No. 7920-Don E. Hansen to Meacham Aero, Inc. On September 8, 1975, the City Council approved an amendment to City Secretary Contract No. 7920 permitting the sale of food and alcoholic beverages at the Piper Southwest Hangar, Meacham Field, which is under lease to Don E. Hansen. z With the prior consent of the City Council, Mr. Hansen has heretofore assigned his interest in City Secretary Contract No. 7920 to Meacham Aer©; Inc., a corporation which is owned by Mr. Hansen. Mr. Hansen now requests the City Council to consent to his assignment to Meacham Aero, Inc. of the privilege granted by the most recent amendment to City Secretary Contract No. 7920. Recommendation It is recommended that the City Council authorize the City Manager to execute the Consent to Assignment of Sublease of City Secretary Contract No. 7920. RNL:vm SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) 00 CITY SECRETARY DATE CITY MANAGER /� �(I/ -