HomeMy WebLinkAboutContract 41120-CA1 CITY
COWRACT P'kl r
�� Y� CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 41117 & 41120
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UNIMPROVED GROUND LEASE AGREEMENTS
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITES 16S, 17S,18S & 27S, 28S, 29S, 30S,31S
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NOS.
41117 & 41120, ("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; DON E. HANSEN, ("Lessee"), an individual; and TACTICAL AVIATION
SERVICES, LLC ("Assignee"), a Texas limited liability company, acting by and through
THOMAS TREJO, its duly authorized Manager.
RECITALS:
The following introductory provisions are true and correct and form the basis of this
Consent:
A. On Februaryl8, 1992. (M&C C-13245), Lessor and Lessee entered into certain city secretary
contracts that ultimately resulted in the execution by Lessor and Lessee of City Secretary Contract
("CSC") Nos. 41117 & 41120 (collectively known as the "Leases"), Unimproved Ground Lease
Agreements la-iown as lease sites 16S, 17S, 18S, 27S, 28S, 29S, 30S and 3 1 S ("Leased Premises")
at Fort Worth Meacham International Airport ("Airport"). The Leases are a public document on
file in Lessor's City Secretary's Office and are incorporated herein for all purposes.
B. On November 17, 2015, at the request of Lessee, the city council of the City of Fort Worth,
Texas authorized the city secretary to execute a consent to assign the Leases to Assignee in which
Assignee would assume all of Lessee's leasehold interests and obligations under the Leases.
C. Lessee now wishes to assign all of Lessee's remaining right, title and interest in the
Leased Premises and Leases 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, Lessee, and Assignee agree as follows:
1. Lessor hereby consents to an assignment by Lessee to Assignee of all of Lessee's
remaining right, title and interest in the Leased Premises and Leases granted to Lessee by the
Leases (the "Assignment"), effective as November 30, 2015 ("Effective Date"). The
Consent to Assignment of CSC No.41117&41120
by Don E.Hansen
to Tactical Avition Services,LLC
Page 1 of 5 CITY SECRETARY Y
Assignment, dated as of October 20, 2015, is a public document that will be on file in Lessor's
City Secretary's Office and Aviation Department, is attached hereto as Exhibit "A"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 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 Leases.
In the event of any conflict between the Leases and the Assignment, the Leases 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. Lessor acknowledges Lessee has no duties and obligations under
the Leases after the Effective Date.
4. Lessee understands and agrees that Lessee will be liable to Lessor for (i) any duty or
obligation of Lessee that Lessee was required by the Leases to undertake or perform prior to the
Effective Date and (ii) any damages (subject to the terns of the Leases), including, but not
limited to, property loss, property damage and/or personal injury of any kind, including death, to
the extent caused by Lessee, its officers, agents, servants, employees or subcontractors prior to
the Effective Date.
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 Leases 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 on or
after the Effective Date.
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. This Consent may be executed in any number of counterparts, all of which shall
constitute the same instrument.
8. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Leases.
Consent to Assignment of CSC No.41117&41120
by Don E.Hansen
to Tactical Avition Services,LLC
Page 2 of 5
IN WIT ESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the day of ' efyl be"41 2015.
CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY:
By: By; Ao 9664w�
Fernando Costa fF aige Mebane, As stant City Att
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Assistant City Manager a.
ATTES
Date: /Z By: �
Mary J. Kayser, City Secreta
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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
133 r.- ) 2015.
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Consent to Assignment of CSC No.41117&41120 1"I'MAI ,001
by Don E.Hansen
to Tactical Avition Services,LLC m "SE13t ^;„m,FA1rf
Page 3 of 5 y
LESSEE:
DON E. HANSEN
Don E.Hansen
Date: k
STATE OF TEXAS §
COUNTY OF `&(-Q2pC 0, §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Don E. Hansen known to me 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 therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
�0�C VVNVje , 2015.
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Consent to Assignment of CSC No.41117&41120
by Don E.Hansen , Q"nc��I rv�N R G
to Tactical Avition Services,LLCM,�.(� �q
Page 4 of 5 FIT'. I IAA ,
ASSIGNEE:
Tactical Aviation Se ices, LLC
Thomas ego
Man# er
Date: plat
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STATE OF TEXAS, §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Thomas Trejo 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
Tactical Aviation Services, LLC, and that he executed the same as the of Tactical Aviation
Services, LLC, for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this N.10y day
2015.
Notary Public in and for the State of Texas
ANNE-MARIE STOWE
Notary Public,State of Texas
My Commission ExPlres
111 11 May 01, 2018
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FI Id^ A L,H C'�'1 R 1).,:
Consent to Assignment of CSC No.41117&41120 " IC Y'SECRET R"Y
by Don E.Hansen
to Tactical Avition Services,LLC
Page 5 of 5
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORT WORTFI
COUNCIL ACTION: Approved on 11/17/2015
DATE: 11/17/2015 REFERENCE **C-27532 LOG NAME: 55FTW TACTAVIATION
NO.: SERVICESII
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Consent to Assignment and a Consent to Deed of Trust to
Facilitate the Assignment of Two Ground Lease Agreements for Lease Sites 16S-18S
and 27S-31S at Fort Worth Meacham International Airport by Don E. Hansen to Tactical
Aviation Services, LLC (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Consent to Assignment and a
Consent to Deed of Trust to facilitate the assignment of two Ground Lease Agreements for Lease
Sites 16S-18S and 27S-31 S at Fort Worth Meacham International Airport by Don E. Hansen to
Tactical Aviation Services, LLC.
DISCUSSION:
Don E. Hansen currently holds a Ground Lease Agreement for Lease Sites 16S-18S, also known as
City Secretary Contract (CSC) No. 41117, (M&C C-13245) approved on February 18, 1992 and
Lease Sites 27S-31 S, also known as CSC No. 41120, (M&C C-13245), approved on February 18,
1992 (collectively, the Lease Agreements). Lease Sites 16S-18S consist of 162,675.64 square feet
of ground space, including three hangar structures totaling approximately 49,302 square feet. Lease
Sites 27S-31 S consist of 207,135.64 square feet of ground space, including five hangar structures
totaling approximately 51,041 square feet at Fort Worth Meacham International Airport.
Staff has received a request from Don E. Hansen to assign these Lease Agreements to Tactical
Aviation Services,LLC (Tactical Aviation). Upon City Council approval, Tactical Aviation will assume
oversight of all leasehold interests and obligations associated with the lease. Tactical Aviation has
requested that the City consent to its execution of a Deed of Trust as part of the financing for the
transaction.
The Lease Agreements prohibit any assignment of the leases or causing any lien to be made on
improvements constructed on the leased premises without City Council approval. These types of
transactions are routine for airport tenants and 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 upon approval of the above recommendation. Under the current Agreement, Don E.
Hansen, remits the amount of$22,558.48 annually to the City. After assignment, Tactical Aviation
Services, LLC, will remit the same amount and be subject to the provisions contained within the
original lease.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21673&councildate=11/17/2015 11/19/2015
M&C Review Page 2 of 2
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Anne Marie-Stowe (5415)
ATTACHMENTS
55FTW TACTAVIATIONSERVICES EXHIBIT.pdf
http://apps.cfwnet.org/council_packet/me review.asp?ID=21673&councildate=11/17/2015 11/19/2015