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HomeMy WebLinkAboutContract 35891-T1A1 (2) CM SECRETARY CONTRACT NO. AMENDMENT TO AGREEMENT TERMINATING LEASE AND RELEASE OF OPTION This Amendment to Agreement Terminating Lease and Release of Option("Amendment") is entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule corporation organized under the laws of the State of Texas, acting by and through Fernando Costa, its dul auLthorized Assistant City Manager,and DON E. HANSEN, an individual("Lessee"),as of ("Effective Date"). RECITALS A. Lessor and Lessee entered into an Agreement Terminating Lease (CSC Number 3589I-TI) ("Agreement") to terminate a Terminal Building Office Lease and Ramp Space License Agreement at Fort Worth Meacham International Airport("Airport"). B. In the Agreement, Lessor granted Lessee an option to reestablish an FBO Operation on the Airport("Option"). C. Lessor and Lessee are parties to a separate lease of real property known as the South Fuel Farm at the Airport(CSC Number 41116). D. Lessee now wishes to assign all of Lessee's remaining right, title and interest in the South Fuel Farm to an assignee, and Lessor is willing to consent to such assignment provided that Lessee amend the Agreement and release the Option. AGREEMENT In consideration of the mutual covenants contained in this Amendment, Lessor and Lessee agree as follows: 1. The Agreement is hereby amended by deleting Section 3, "Option to Reestablish FBO," in its entirety. 2. Lessee hereby releases all rights and interest in and to the Option, and agrees that Lessee no longer has any option to reestablish an FBO at the Airport. 3. Except as amended by this Amendment, all of the terms and conditions of the Agreement are ratified and remain in full force and effect. This Amendment is executed as of the Effective Date. LESSEE: DON E.HANSE Amendment to Agreement Terminating Lease and OFFICIAL RECORD Release of Option Don E.Hansen CITY SECRETARY Page 1 of 2 '. NORTH CITY OF FORT WORTH: By: ��.do�.Hh. G!.►� Fernando Costa Assistant City Manager Date: - -TT APPROVED AS TO FORM ATTEST: AND LEGALITY: Y_ `�✓_ By: A 7>� Charlene Sanders J.Kayser .Assistant City Attorney City Secretary 14 M&C: 1 , r 0 000ID000000 Date: ut 1 I I I �,�°° '0 :: ° OFFICIAL RECORD Amendment to Agreement Terminating Lease and C/0 y sEcRer Release of Option Rr Don E.Hansen • Page 2 of 2 �� ! rx M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRw T Won H COUNCIL ACTION: Approved on 4/8/2014 DATE: 4/8/2014 REFERENCE NO.:**C-26756 LOG NAME: 55FTW CORNERSTONE FLGTCTR CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Consent to Assignment of a Tank Farm Lease and Public Fueling Agreement by Don E. Hansen to Cornerstone Flight Center, LLC, for the South Fuel Farm at Fort Worth Meacham International Airport and Authorize Execution of an Amendment to City Secretary Contract No. 35891-T1 with Don E. Hansen to Release the Option for a FBO Operation at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Consent to Assignment of a Tank Farm Lease and Public Fueling Agreement by Don E. Hansen to Cornerstone Flight Center, LLC, for the South Fuel Farm at Fort Worth Meacham International Airport; and 2. Authorize the execution of an Amendment to City Secretary Contract No. 35891-T1 with Don E. Hansen to release the option for re-establishing an FBO operation prior to September 30, 2017 at Fort Worth Meacham International Airport. DISCUSSION: Don E. Hansen currently holds a Tank Farm Lease and Public Fueling Agreement (City Secretary Contract (CSC) No. 41116, M&C C-21287) for the South Fuel Farm at Fort Worth Meacham International Airport. Staff has received a request from Mr. Hansen to assign this Lease to Cornerstone Flight Center, LLC (Cornerstone). Upon City Council approval, Cornerstone will assume oversight of all leasehold interests and obligations associated with the Lease, as well as the associated FBO Permit. The Lease prohibits Mr. Hansen from making any assignment of the lease to be made of the leased premises without City Council approval. This type of transaction is routine for large airport tenants and Staff has no objection to this request. Mr. Hansen, by CSC No. 35891-T1 (M&C G-18092), holds an option to re-establish a FBO operation at Meacham prior to September 30, 2017 (FBO Option). As consideration for the Consent to Assignment, the City and Mr. Hansen will amend CSC No. 35891-T1, and Mr. Hansen will release the FBO Option. The property is located in COUNCIL DISTRICT 2, Mapsco 48T. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/AccounVCenters 5/12/2014 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Jonnie Huitt (5409) ATTACHMENTS 55FTW CORNERSTONE FLGTCTR Map.pdf 5/12/2014