HomeMy WebLinkAboutContract 50636-CA1 CITY SECRETARY
CONTRACT NO._5 O b3 b-CA 1
OCT-42019 CONSENT TO ASSIGNMENT OF
ca 1 yS AO
grw RT1�o CITY SECRETARY CONTRACT NO. 50636
C� ECq��q
HANGAR AND GROUND LEASE AGREEMENTS
FORT WORTH SPINKS AIRPORT
LEASE SITE 32
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
50636, ("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; the MYERS INVESTMENT GROUP, LLC., a foreign for-profit Corporation
("Lessee"), acting by and through DOUG MYERS, its duly authorized Agent; and DANIEL
GRIFFITH, an individual (Assignee).
RECITALS:
The following introductory provisions are true and correct and form the basis of this
Consent:
WHEREAS, On or about April 13, 2018, Lessor and the Myers Investment Group, LLC
entered into City Secretary Contract("CSC")No.50636,a Hangar and Ground Lease Agreement for
the lease and use of real property known as Lease Site 32 and any improvements and facilities thereon
("Leased Premises") at Fort Worth Meacham Spinks Airport ("Airport") for a five (5) year initial
term with two (2) additional options for renewal at 5 year terms each; and
WHEREAS, On May 31, 2019, Staff received a request from the Myers Investment Group,
LLC to assign the Hangar and Ground Lease Agreement to Daniel Griffith;and
WHEREAS, On August 20, 2019 the request for this Consent to Assigment was approved
by City Council under M&C File Number M&C 19-0073; and
WHEREAS,Lessee now wishes to assign all of Lessee's remaining right,title and interest
in the Leased Premises and the above referenced Hangar and Ground 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 and Leases granted to Lessee by the
Leases (the "Assignment"), effective as of the date the Assignment is executed by Lessee and
Consent to Assignment of CSC No.50636
by Myers Investment Group,LLC
to Daniel Griffith
Page 1 of 6
OFFICIAL RECORD
M SECRETARY
FT. WORTH,TX
Assignee("Effective Date"). The Assignment 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" and 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 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 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.50636
by Myers Investment Group,LLC
to Daniel Griffith
Page 2 of 6
9. All of the Mandatory Improvements set forth in paragraph 4 and Exhibit B of the Hangar
and Ground Lease Agreement (CSC-50636), have not been satisfactorily completed and the
Assignee shall be responsible for their completion upon execution of this Consent.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES)
Consent to Assignment of CSC No.50636
by Myers Investment Group,LLC
to Daniel Griffith
Page 3 of 6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this the
34 day of Ocfobcr , 2019.
CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY:
By: 4-5: B �/�
Y•
Fernando Costa Thomas Royce Hansen, Assistant City Attorney
Assistant City Manager
ATTE T: '� V U00R `t:
Date: /0LAb1 By: -'?�t
ry J Kayser, City Secreta
M&C: 19-0073 '
M&C Approved: August 27, 2019
Form 1295: 2019-514083 8t aDlq-513g5`�
STATE OF TEXAS §
COUNTY OF TARRANC §
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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this rOC day
92019.
tsar►�e Veronica M.Longoria Salinas
?° Notary Public- tate of TexasL4-4e� yt0
Notary ID#440598-8 Notary Public in and for th State of Texas
u�OF Commission Exp.DEC.27,2022
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
Consent to Assignment of CSC No.50636
Myers Investment Group,I I c to OFFICIAL RECORD
to Daniel Griffith
Page 4 of CITY SECRETARY
FT. WORTH.,T}(
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this contrast,fck��n' ng all performance and reporting requirements.
�4 —
arbar Goo n
ew
Title
LESSEE:
M ers Investment Group,LLC
Doug Myers
Date:/7 9
STATE OF TEXAS §
COUNTY OF ;2 rrz-c4 §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Doug Myers, 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 MYERS
INVESTMENT GROUP, LLC and that s/he executed the same as the act of MYERS
INVESTMENT GROUP, LLC for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this / f da
2019.
" SANDRAJO POWELL _
a`'P�'
6P a�: ID#425964-3 -
Notary Public,state of Texas No ublic in and fofTYe State of Texas
My Commission Expires
08/29/2021
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
Consent to Assignment of CSC No.50636
by Myers Investment Group,LLC
to Daniel Griffith
Page s of � F UAL RECORD
CE, SECRETARY
T. WORTH,TX
ASSIGN
IEL G FITH,an individu
By:
Daniel Griffith
Date: —
r
STATE OF�XAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Daniel Griffith 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 Daniel Griffith,
and that he executed the same as the of Daniel Griffith, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c�� '� day
2019.
`? Pa SANDRAJO POWELL
Y P Notary Public in for the State of Texas
ID#425964-3
N h No
Public,State of Texas
OF t�};� My Commission Expires
08/29/2021
Consent to Assignment of CSC No.50636
by Myers Investment Group,LLC
to Daniel Griffith OFFICIAL RECORD
Page 6 of 6
CITY SECRETARY
FT WORTH, TIC
EXHIBIT A
GRIFFITH/MYERS GROUP/MISC.
Lease Assignment
Date: SEPTEMBER 4, 2019
Assignor: THE MYERS INVESTMENT GROUP, LLC
Assignee: DANIEL GRIFFITH,A MARRIED PERSON
Lease
Date: APRIL 17, 2018
Landlord: CITY OF FORT WORTH
Tenant: THE MYERS INVESTMENT GROUP, LLC
Premises: 20,145 SQUARE FEET OF GROUND SPACE, INCLUDING A 9,240 SQUARE
FOOT HANGAR AT FORT WORTH SPINKS AIRPORT IN FORT WORTH,
TARRANT COUNTY, TEXAS, IDENTIFIED AS LEASE SITE 32, AS SHOWN IN
EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PURPOSES.
Assignor assigns to Assignee Tenant's interest in the Lease.
Assignee agrees to assume Tenant's obligations under the Lease and to accept the premises in
their present"AS IS"condition.
This Assignment is subject to the Landlord's consent.
ASSIGNOR:
THE MYERS INVESTMENT GROUP, LLC
BY: I .e
DOUG YERS, _/1^ f—
ASSI EE:
DANIEL GRIFFIT
ASSIGNMENT OF LEASE Page 1
THE STATE OF TEXAS §
COUNTY OF /Ga Ff i—,At §
This instrument was acknowledged before me on the ffi�day of c�P(� 20�, by
DOUG R. MYERS((�Gcc�ecin�—af THE MYERS INVESTMENT GROUP, LLC, a
LIMITED LIABILITY COMPANY,on behalf of said LIMITED LI ILITY COMPANY.
low_
JO POWELL 425964-3 otary Public, State ofblic,Stale of TexasNotary's Printed Name:mission Expires Notary's Commission Expires:9/2021
THE STATE OF TEXAS §
COUNTY OF/ q�-/�(o�>t §
This instrument was acknowledged before me on the day of C 20 by
DANIEL GRIFFITH
i
SANDRA JO POWELL otary Public, State of f(
a°aY°�e' Notary's Printed Name: ll
?r`p �= ID#425964.3 ry
N y'- Notary Public,State of Texas Notary's Commission Expires:
9, �,; My Commission Expires
�FJill � 08/29/2021
''�annN
PREPARED IN THE LAW OFFICE OF:
NEWMAN&LAWLER
A PROFESSIONAL LIMITED LIABILITY COMPANY
ATTORNEYS AT LAW
200 BAILEY AVE.,SUITE 100
FORT WORTH,TEXAS 76107
ASSIGNMENT OF LEASE Page 2
LEGAL DESCRIPTION FOR
LEASE SITE 32-N
AT
FORT WORTH SPINKS AIRPORT
A parcel of land out of Block 5,Fort Worth Spinks Airport according to the plat recorded in
Cabinet A,Slide 353,Plat Records,Tarrant County,Texas and being more particularly described
using coordinates and bearings based on the Texas State Coordinate System,North Central Zone,
N.A.D. 27 as follows:
BEGINNING at a 5/8"iron rod with red plastic cap stamped"City of Fort-Worth Survey Section"
set for the northeast corner of lease site 32-N. From which a 1/2"iron rod found at the northeast
corner of said Block 5,bears North 89 degrees 58 minutes 23 seconds East 111.441 feet and North 00
degrees 44 minutes 56 seconds East,624.251 feet,the coordinates of said beginning point are
X=2,061,527.65,Y=329,497.69;
THENCE:South 00 degrees 44minutes 56 seconds West,with the east line of said lease,199.0'feet to
a 5/8" iron rod with red plastic cap stamped"City of Fort-Worth Survey Section"set for its
southeast corner;
THENCE:South 89 degrees 58 minutes 23 seconds West,with the south line of said lease,97.0'feet
to an 5/8"iron rod with red plastic cap set stamped"City of Fort-Worth Survey Section"set for its
southwest corner;
THENCE:North 00 degrees 44 minutes 56 seconds East,with the west line of said lease,199.05 feet to
a 5/8"iron rod with red plastic cap stamped"City of Fort-Worth Survey Section"set for the
northwest corner of said lease;
THENCE: North 89 degrees 58 minutes 23 seconds East,with the north line of said lease,97.0'feet to
the point of beginning and containing 19,303 square feet of land more or less.
DAR:HKH: BNM: SPINKS32N.DOC
C:\p ro j\0300\03008002\do c\SPINKS32N.DOC
w�
! ANSK. H
* 4786c �. I
�O un�M Y f
SUR
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0073
LOG NAME: 55FWS CONSENTASSIGNMENT HNGR32
SUBJECT
Authorize Execution of Consent to Assignment of a Hangar and Ground Lease Agreement for Lease Site 32 at Fort Worth Spinks Airport by the
Myers Investment Group, LLC,to Daniel Griffith.(COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Consent to Assignment of a Hangar and Ground Lease Agreement for Lease
Site 32 at Fort Worth Spinks Airport by The Myers Investment Group,LLC to Daniel Griffith.
DISCUSSION:
On March 27, 2018, (M&C C-28646), City Council approved City Secretary Contract No.50636,a Hangar and Ground Lease Agreement with
Doug Myers of the The Myers Investment Group, LLC,for Lease Site 32,at Fort Worth Spinks Airport. Lease Site 32 consists of a 9,240 square
feet Hangar and 20,145 square feet of Ground Space. The initial term of the lease commenced on April 1,2018 at 12:00 AM and expires at 11:59
PM on March 31,2023. In addition to the"Initial Term"the lease provides the option to renew upon expiration of the initial term. Renewal options
allow Lessee two(2)consecutive options to renew this Lease for two(2)additional successive terms of five(5)years.
At commencement of the original lease,the total revenue received from this lease was approximately$18,190.00 annually or$1,515.86 per
month. Revenue was based on a hangar rate of approximately$1.38 per square foot and a ground rental rate of$0.27 per square foot, in
accordance with the Aviation Department's Schedule of Rates and Charges and Lessor's market analysis. Rental rates shall be subject to an
increase on October 1 st of any given year, based on the upward percentage change in the Consumer Price Index for the Dallas-Fort Worth
Metropolitan area. At no time will the adjusted rate exceed the rate that is current in the Schedule of Rates and Charges. After a subsequent
Consumer Price Index rate adjustment,the current rate is$18,590.16 annually or$1,549.18 per month. Current revenue is based on a hangar rate
of$1.41 per square foot and a ground rental rate of$0.28 per square foot.
In addition to the Annual Rent Adjustments,on October 1,2023,and every fifth(5th)year thereafter for the remainder of the Initial Term(i.e.on
October 1 st of 2028,2033,and 2038),rent shall automatically be adjusted to equal the then-current rates prescribed by the Schedule of Rates and
Charges for the type or types of property at the Airport similar to the type or types of property that comprise the Premises.
Every tenth(10th)year for each Initial and Renewal term of the lease,the Hangar rate shall automatically be adjusted to equal the then Fair Market
Value,as prescribed by the Schedule of Rates and Charges for the type or types of property at the Airport similar to the type or types of property
that comprise the Premises.
On May 31,2019,Staff received a request from The Myers Investment Group, LLC to assign the Hangar and Ground Lease Agreement to Daniel
Griffith.Upon City Council approval, Daniel Griffith will assume the leasehold interest and obligations associated with the lease.
The Hangar and Ground Lease Agreement prohibits any assignment of the lease 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.
This Consent to Assignment was included as a discussion item at the July 11,2019 Aviation Advisory Board meeting agenda.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,this action will have no material affect on City funds.Under the
current Lease Agreement,Myers Investment Group,remits the amount of$18,590.16 annually to the City.After assignment,Daniel Griffith will remit
the same amount and be subject to the provisions contained within the original lease.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Bill Welstead 5402
Additional Information Contact: Barbara Goodwin 5415