HomeMy WebLinkAboutContract 37288-CA1 CITY SECRETARY
CONTRACT NO.
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NOS. 37288
UNIMPROVED GROUND LEASE AGREEMENTS
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITE 3-W
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
37288, ("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; WTW PROPERTIES, INC., a Texas corporation ("Lessee"), acting by and through
PETER TUNNARD, its duly authorized Vice President; 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 May 13, 2008 (M&C C-22805) City Council authorized Lessor entering into that certain
Unimproved Ground Lease Agreement and Associated Mandatory Improvements (CSC No. 37288)
with Lessee, dated July 7, 2008, as amended by that certain Amendment No. 1 City Secretary
Contract No. 37288 dated April 25, 2017 (collectively, the "Lease"), for the lease and use of real
property known as Lease Site 3-W and any improvements and facilities thereon ("Leased
Premises")at Fort Worth Meacham International Airport("Airport").
B. Lessee now wishes to assign all of Lessee's remaining right,title and interest in the Leased
Premises and Lease 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 granted to Lessee by the Lease (the
"Assignment"), effective as of the date the Assignment is executed by Lessee and Asignee
("Effective Date").
,,a --Lessor does not adopt, ratify or approve any of the particular provisions of the Assignment
,o rant any remaining right, privilege or use to Assignee which is different from or
h� m* extensi han any right,privilege or use granted to Lessee by t' of any
CIDo
OFFICIAL RECORD
� r SEP ��2� CITY SECRETARY
FT.WORTH,TX
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. Lessor acknowledges Lessee has no duties and obligations under the Lease after the
Effective Date and,except as set forth herein,Lessee shall be released and forever discharged from
any and all actions, causes of action,judgments, executions, suits, investigations, debts, claims,
demands, liabilities, obligations, damages, and expenses of any and every character that arise out
of or in any way connected to the Lease accruing 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 Lease to undertake or perform prior to the
Effective Date and (ii) 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 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 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 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 Lease.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
Consent to Assignment of CSC No.37288
by WTW Properties,Inc.
to Tactical Aviation Services,LLC
Page 2 of 7
IN WITNESSREOF the parties hereto have executed this Agreement in multiples on
this the- flay of ,2017.
CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY:
K 4Pae
�Me`ba4,
By: �C �. BiFernando Costa As istant City Attorney
Assistant City Manager
ATTES
Date: 9 2/ i'7 By:
Mary J. a , C ty 6Aecretary
FORT
M&C Approved: 1`1119117 �/
Tactical Form 1295: RIO/7-o�T7 3 U _
WTW Form 1295: /
STATE OF TEXAS § CAS
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
2017.
TRIKINYA L JOHNSON
�aY'PUe��=_Notary Public,State of Texas C/
Comm.Expires 04-17-2018
'TF OF•5����` Notary ID 1238832-0 Notary ublic i d for the State of Texas
[SIGNATURES CONTINUE ON THE FO LOWING PAGE]
Consent to Assignment of CSC No.37288
WTW Properties,
to OFFICIAL.RECORD
to Tactical Aviation Services,LLC
Page 3 of 7 CITY SECRETARY
WORTH,TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this contract, including ensuring all performance and reporting requirements.
Anne-Marie Stowe
&U//
Title
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
l OFFICIAL RECORD
CITY SECRETARY
Consent to Assignment of CSC No.37288 FTS WORTH,TX
by WTW Properties,Inc.
to Tactical Aviation Services,LLC i
Page 4 of 7
LES
W PROP TIES, IN ., a as corporation
e r Tunna ice President
Date: V/15/�
STATE OF TEXAS §
COUNTY OF TOVY-a rLt §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Peter Tunnard, 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 WTW
PROPERTIES,INC.and that s/he executed the same as the act of WTW PROPERTIES,INC.for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ soh day
2017.
�,M...
DEBRA ANN tANGFORD
Notary Public,State of Texas
< �1 Comm.Expires o1-12-2019
3� �Ff��' Nets ID 1''n�73•�a ,t
Notary Public in an for tate of Texas
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX i
Consent to Assignment of CSC No.37288
by WTW Properties,Inc.
to Tactical Aviation Services,LLC
Page 5 of 7
ASSIGNEE:
TACTICAL AVIATION SERVICES, LLC, a Texas limited liability company
By: I ,
Thomas o, g
Date:
STATE OF TEX. §
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. JJ''
I�
CIV N -TINT—ER MY HAND AND SEAL OF OFFICE this _ day
2017.
=:M Notary Public in and for the State of Texas
""""'. TOWE�
��d��0.v'pUB/'��.• °�= e qt Texas-01-201 6FBF' 76-5
' OFFICIAL fRECORC
CITY SECRETARv
Consent to Assignment of CSC No.37288 FT.WORTH,TX
by WTW Properties,Inc.
to Tactical Aviation Services,LLC
Page 6 of 7
CERTIFICATE OF INTERESTED PARTIES
FORM 3.295
I
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-247093
tactical aviation services
It worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 08/08/2017
being filed.
Meacham International Airport Date A nd
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Meacham International Airport
Dead of Trust/Lease Site 3W
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I intermediary
kostahryz, george y ft worth,TX United States X
5 Check only If there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
1--PAMWALTERS
MY COMMEXPIRESOCTOB , 2020NOTARY Signature of autho ed agent of ontracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn tMWd subscribed before me,by the said 4 4 &yz—s his- the— day of
20 ,to certify which,witness my hand hnd seal of ofiic .
S• G�
Signature of officer administering oath Printed name of officer administering oath f e o o ice mlnisterino oath
I
AFFICIA1 "Coon __j
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Vek don V1.0.883
o CITY SECRETARY
I
FT.WORTH,TX
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-258063
WTW Properties,Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is09/07/2017
being filed.
Meacham International Airport Date Ack d
r-
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
37288
Fort Worth Meacham Intemational Airport-Consent to Assignment of HGR 3W
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (chock applicable)
Controlling Intermediary
WTW Properties,Inc. Fort Worth,TX United States X
XTO Energy Inc. Fort Worth,TX United States X
Exxon Mobil Corporation Irving,TX United States X
5 Check only it there is NO Interested Party. ❑
6 AFFIDAVIT I swear,graffirm,under pen fly of per that the ve disclosure is true and correct.
DEBRA ANN IANGFORD
'" 1 Notary Public,State of Texas
Comm.��prres 01-12-2019
Nofnrylb 13007352-4
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE .n r1
*t Sworn to and subscribed before me,by the said /u.�rt this the ! day of— .
20 r_,to certify which,witness my hand and seal of office.
�Ahu RrAAD]h--,fk DeJya brt:C ofa Rlglib
Signature of offic r ad in t ring oath Printed name of officer. r inistering oath Title of officeLddministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us OFFICIAL RECON n V1.0.3337
CITY SECRETARY
FT.WORTH,TX