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Home My WebLink AboutContract 41117-CA1 '0111 CITY t .Mr -y6 `1 CONTRACT NO. It 1 13 'N 15 T— SEC .220 CONSENT TO ASSIGNMENT OF GQ�S� 5N�f CITY SECRETARY CONTRACT NOS. 41117 & 41120 ®t C, `�_ Lc' 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 February18, 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 known as lease sites 16S, 17S, 18S, 27S, 28S, 29S, 30S and 31 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 OFFIC�� to Tactical Avition Services,LLC RECORD Page 1 of 5 CITY SECRETARY SCANNED FT. W® RTH, TX 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 terms 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 �eI day of '2015. CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY: /� / � i By: 5wLNA�- By: Fernando Costa fC( aige MebaneAss&ant City Att �® Assistant City Manager Q R�► ATTES — O Date:_ /ZS By: y Mary J. Kayser, City Secreia. � 1� JVl 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. GIVE UNDER MY HAND AND SEAL OF OFFICE this _ � day 12015. ),J,A ke Notary Pub is in or the State of Texas TRIKINYA L. JOHNSON Notary Public,State of Texas My Commission Expires April 17, 2018 Consent to Assignment of CSC No.41117&41120 by Don E.Hansen FECORD to Tactical Avition Services,LLC ETARYPage 3 of 5H,TX LESSEE: DON E. HANSEN Don E. Hansen Date: 7—�s STATE OF TEXAS § COUNTY OF '&'Q2aC i q § 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 1�rJ�l ennef` , 2015. r N. C IO'w� .�, Not Public in and for the State of Texas =��•aOt PRY P6j'%.yQ /i i 9TF O F E�4� •••'•:cXPIRES•••' OFFICIAL RECOR® Consent to Assignment of CSC No.41117&41120 by Don E.Hansen CITY SECRETARY to Tactical Avition Services,LLC Page 4 of 5 FT.WORTMt ,rx ASSIGNEE: Tactical Aviation Se ices,LLC By: Thomas ego M:in er Date: STATE OF TE46krPV121_ § 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. u GIVEN UNDER MY HAND AND SEAL OF OFFICE this day _AW ,2015. 7 Notary rublic in and for the State of Texas ANNE-MARIE STOWE Notary Public,state of Texas = My Commission Expires N= z;;F o�:;;�•' May 01, 2018 MW Consent to Assignment of CSC No.41117&41120 by Don E.Hansen SECRETARY to Tactical Avition Services,LLC Page 5 of 5 DATE : la -20-- IS Ti Dord 144n.sE -) Af�QU,957' Val. 7 Aly LiFh5L-s, S tl'P.Gt FiALLy of 5 C-4 G S C y l 2 v f -'0 -rA c rl c 4 L AV &T er1 S�.e vl cis LLQ 7-" y o 14 . M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fob ti COUNCIL ACTION: Approved on 11/17/2015 REFERENCE ** 55FTW TACTAVIATION DATE: 11/17/2015 NO.: C-27532 LOG NAME: 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-31 S 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-31S 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 I I 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/mc—review.asp?ID=21673&councildate=11/17/2015 11/19/2015