HomeMy WebLinkAboutContract 50257-CA1 CITY SECRETARY
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CONSENT TO ASSIGNMENT OF
cITY 0�tCgTWOH CITY SECRETARY CONTRACT NO. 50257
CITY S�CAEfAF�Y
HANGAR AND GROUND LEASE AGREEMENTS
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITE 13S
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
50257, ("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 and AEROPRISE, LLC., ("Assignor"), a Texas limited liability company, acting by
and through PRESTON BAKIC, its duly authorized Owner., 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 or about February 12, 2018, Lessor and Assignor entered into City Secretary Contract
("CSC")No. 50257, a Hangar and Ground Lease Agreement for the lease and use of real property
(Lease)known as Lease Site 13S and any improvements and facilities thereon("Leased Premises")
at Fort Worth Meacham International Airport("Airport").
B. On February 25,2020,Staff received a request from the Aeroprise,LLC to assign the Hangar
and Ground Lease Agreement to Assignee. On April 7,2020 request for this Consent to Assigment
was approved by City Council.
C. Assignor now wishes to assign all of Assignor's remaining right, title and interest in the
Leased Premises and the above referenced 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 Assignor to Assignee of all of Assignor's
remaining right, title and interest in the Leased Premises and Lease granted to Assignor by the
Lease (the "Assignment"), effective as of the date the Assignment is executed by Assignor and
Assignee("Effective Date"). The Assignment,is a public document that will be on file in Lessor's
Consent to Assignment of CSC No.50257
by Aeroprise,LLC ®FFQCUAL RECORD
to Tactical Aviation Services,LLC
Pagel of6 CiTV SECRETARY
FT; WORTH, TX
City Secretary's Office and Aviation Department 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 Assignor by the Lease. In the event of
any 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 Assignor set forth in
the Lease. Lessor acknowledges Assignor has no duties and obligations under the Lease after the
Effective Date and, except as set forth herein, Assignor 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. Assignor understands and agrees that Assignor will be liable to Lessor for (i) any duty or
obligation of Assignor that Assignor 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 Assignor, 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 Assignor that Assignor 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 parry, 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.
9. All of the Mandatory Improvements set forth in paragraph 4 and Exhibit B of the Hangar
and Ground Lease Agreement(CSC-50257), have been satisfactorily completed.
Consent to Assignment of CSC No.50257
by Aeroprise,LLC
to Tactical Aviation Services,LLC
Page 2 of 6
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
Consent to Assignment of CSC No.50257
by Aeroprise,LLC
to Tactical Aviation Services,LLC
Page 3 of 6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this the
day of �I ) 2020.
CITY OF FORT WORTH: APPROVED AS TO FORM AND LEGALITY:
By: By: .r
Fernando Costa Thomas R. Hansen, Assistant City Attorney
Assistant City Manager
0 R v-
ATTES
Date: 4 30 2,Zo By
�— Ma J. Ka r i Sec tary
M&C: 02-0251 WAar- 0,Ai~ce Nam, o?`� 6 _ v� _o�-DaID
M&C Approved: 04/07/2020
Form 1295: 2020-599206 .
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
2020.
SELENA ALA
_r. :�=Notary Public, State of Texas
Notary Public in and for the State of Texas
Comm. Expires 03-31-2024
� .
Notary ID 132422528
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
Consent to Assignment of CSC No.50257 ---- ---- —
by Aeroprise,LLC
to Tactical Aviation Services,LLC
f
Page 4 of 6
I
I
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this contract, i . 1 ' g all performance and reporting requirements.
Bar Goodwin
7�u1,G �ec�:2nJ/'/ /it:clirF��
Title
LESSEE: ATTEST:
AEROPRISE,LLC
By: By:
P ON BAKIC,OWNER
Date: �`'�� L 1 , r� , Z 2 C>
STATE OF TEXAS §
COUNTY OF "TAz a A.,,r §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared PRESTON BAKIC, 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 AEROPRISE,
LLC., and that he executed the same as the act of AEROPRISE, LLC for the purposes and
consideration therein expressed and in the capacity therein stated. ,j%W1j1 JjJj�'
`Sp.F l Oq fv
: �•.�PPV PV9�:�lr i
GIVEN UNDER MY HAND AND SEAL OF OFFICE this IS' day
OO(LI L, 12020.
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/j 41166 1// I:VD
Notary Public in and for the State of Texas'''i l 00"
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]
Consent to Assiglmient of CSC No.50257
by Aeroprise,LLC
to Tactical Aviation Services,LLC OFFM6At- te�
Page 5 of CM SEC RE MR
ASSIGNEE:
Tactical Aviation Services,LLC
Th s
Date: j Zd Z c7
STATE OF TEXAS §
COUNTY OF JP12ROn— §
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 day
((r ) 2020.
O• F L QR
° Notary Public in and for the State of Texas
*e Coe): `V
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Exp-
Consent to Assigimient of CSC No.50257
byAeroprise,LLC OFFICIAL RECORD
to Tactical Aviation Services,LLC CITY SECRETARY '
Page 6 of 6
FT. WORTH,rt?
DocuSign Envelope ID:32324BA6-B34A-4513-9E5E-AE44C6A1072F
Hangar Lease Assignment Agreement
Aeroprise, LLC (Tenant) hereby transfers all rights, privileges, and obligations under their
current lease obligations (Lease Agreement) with the City of Fort Worth (Landlord) for Hangar
13S located at 413 Gulfstream Road, Fort Worth, TX 76106 (Leased Site) to Tactical Aviation
Solutions, LLC (Assignee) effective upon final acceptance by the City of Fort Worth. Assignee
agrees to assume Tenants obligations under the Lease.
Assignee agrees to indemnify and hold harmless Tenant for any events, actions, and conditions
related to or involving the transfer of the Lease Agreement, occupancy of the Leased Site, or
conditions of the Leased Site. Tenant makes no warranties or claims regarding the conditions of
the Leased Site. Assignee understands they are assuming the responsibilities of the Lease
Agreement with the Leased Site in "As-is" condition with any or all faults, known or unknown.
Assignee may occupy Leased Site in exchange for the current monthly market rent and all utility
charges to include but not limited to water, electric, trash, internet, etc. Assignee agrees to add
Tenant as Additional Insured with Waiver of Subrogation to Assignees current commercial
insurance policy. Assignee agrees to hold harmless and indemnify Tenant of any loss, partial or
in full, to person or property while occupying Leased Site.
This assignment is subject to the Landlords consent. In the event the Leased Site is not
assigned to Assignee, Tenant will provide Assignee 30 days to vacate Leased Site or execute a
long term lease agreement.
IN WITNESS WHEREOF,,, the Partiesarties have caused this Agreement to be entered into
and effective as of
D_ocuSigned by: DocuSigned by:
—�
4/1/2020 r
� 4/2/2020
FKUAM8865436...
Date Date
Tenant: Aeroprise, LLC Assignee: Tactical Aviation Solutions,
LLC
Preston Bakic Thomas Trejo
1116 10th Street 4001 North Main Street
Argyle, TX 76226 Fort Worth, TX 76106
214-783-8581
preston.bakic@gmaii.com
Worth Me a ..h rn tntt to to nkaI Airport
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5/7/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 4/7/2020 REFERENCE **M&C 20- LOG NAME: 55FTW CONSENTASSIGNMENT
NO.: 0251 HNGR13S
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize Execution of a Consent to Assignment of a Hangar and Ground Lease
Agreement for Lease Site 13S by Aeroprise, LLC to Tactical Aviation Services, LLC at
Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Consent to Assignment of a Hangar
and Ground Lease Agreement for Lease Site 13S by Aeroprise, LLC to Tactical Aviation Services,
LLC at Fort Worth Meacham International Airport.
DISCUSSION:
On January 30, 2018, (M&C C-28562), City Council approved City Secretary Contract No. 50257, a
Hangar and Ground Lease Agreement with Aeroprise, LLC, for Lease Site 13S, at Fort Worth
Meacham International Airport.
Lease Site 13S consists of a 6,000 square foot Hangar and 8,255 square feet of ground space. The
initial term of the lease commenced on February 1, 2018 at 12:00 AM and expires at 11:59 PM on
January 31, 2023. In addition to the initial term, the lease provides the option to renew upon
expiration of the initial term. Renewal options allow the lessee one (1) consecutive option to renew
the lease for a successive term of five (5)years.
On February 25, 2020, staff received a request from Preston Bakic of Aeroprise, LLC to assign the
Hangar and Ground Lease Agreement to Tactical Aviation Services, LLC. Upon City Council
approval, Tactical Aviation Services, LLC 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.
Under the current Agreement, Aeroprise, LLC remits the amount of$28,201.44 annually to the City,
payable in monthly installments of$2,350.12. After assignment, Tactical Aviation Services, LLC will
remit the same amount and be subject to the provisions contained within the original Agreement.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease, funds will be deposited into the Municipal Airport Fund. The Aviation Department (and
Financial Management Services) is responsible for the collection and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID _ ID I ` I Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
apps.cfwnet.org/council_packet/mc_review.asp?ID=27820&councildate=4/7/2020 1/2
5/7/2020 M&C Review
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Ricardo Barcelo (5403)
ATTACHMENTS
13S Location Map.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=27820&councildate=4/7/2020 2/2