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CONTRACT NO
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO.30199
(UNIMPROVED GROUND LEASE AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
30199 ("Consent") is made and entered into by and between the CITY OF FORT WORTH,
TEXAS ("Lessor"), a 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;
PHAERO, L.L.C., ("Assignor" or "Lessee"), a Texas Corporation, acting by and through Gary
W. Havener, its duly authorized Managing Partner; and APIAQ LIMITED PARTNERSHIP
("Assignee"), a Texas limited partnership, acting by and through H. Jill Arnold, Vice President of
Cidema Corp, general partner of Assignee.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. Lessor and Lessee previously entered into City Secretary Contract No. 30199 (the "Lease"),
a lease of approximately Sixteen Hundred (1,600) square feet of unimproved ground space at Fort
Worth Meacham International Airport ("Airport"), as further specified in the Lease and in Exhibit
"A", attached hereto and hereby made a part of this Consent for all purposes ("Leased Premises").
B. Lessee now wishes to assign all of Lessee's right, title and interest in the Leased Premises
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.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Lessor, Assignor and Assignee agree as follows:
1. Lessor hereby consents to an assignment by Assignor to Assignee of all right, title and
interest in the Leased Premises granted to Lessee by the Lease (the "Assignment"), effective as
of the last date that Lessor, Assignor and Assignee have executed this Consent ("Effective
Date"). The Lease is incorporated herein by reference for all purposes. The Assignment, dated
as of May 4, 2004, is a public document on file in Lessor's 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 right, privilege or use to Assignee which is different from or
more extensive than any right, privilege or use granted to Lessee 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 � e ate,
CITY SECRETARY
Consent to Assignment of CSC No. 30199 FT; WORTH, TX
by PHAERO, L.L.C. to APIAQ L.P.
Page 1
Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Lessee set forth in the Lease.
4. Assignor understands and agrees that Assignor and Assignee will be jointly and severally
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) for any damages, including, but not
limited to, property loss, property damage and/or personal injury off any kind, including death, to
the extent caused by Assignor, its officers, agents, servants, employees or subcontractors.
5. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT PAGE]
Consent to Assignment of CSC No. 30199
by PHAERO, L.L.C. to APIAQ L.P.
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
then day of , 200a.
CITY OF FORT WORTH:
Fernando Costa
Assistant City Manager
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.
UNDER MY HAND ANDS, SEAL
ti , 200�.
MARIA 5. SANCHEZ
MY D0 mbe04 2013 ES
N
APPROVED AS TO FORM
AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
day
OF OFFICE this
Public in and for the State of.
ATTEST:
Marty Hend'r��s
��ty Secretary
Consent to Assignment of CSC No. 30199
by PHAERO, L.L.C. to APIAQ L.P.
PHAERO, L.L.C.:
By: 1--11 , L.L.C, a Texas
Corporation and its managing partner:
By:
Managing Partner
/2 _ /
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 Gary W. Havener, 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
PHAERO, L.L.C. and that he executed the same as the act of PHAERO, L.L.C. for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UND R MY HAND A SEAL OF OFFICE this
Itu4 AKOA 2001.
RHEA ROLLINGS
Notary Public, State of Texas
My Commission Expires
February 01, 2012
Notary Public in and for the Staff of Texas
Consent to Assignment of CSC No. 30199
by PHAERO, L.L.C. to APIAQ L.P.
APIAQ LIMITED PARTNERSHIP:
By: APIAQ Limited Partnership, a Texas
limited partnership and its general partner.
By:n.
H. Jill Ajilold
Vice President of Cidema Corp
General Partner
Date: ► !__ 1 (;� "- i �- - C` `;
COUNTY OF W,,x
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared H. Jill Arnold, 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
APIAQ Limited Partnership, and that he executed the same as the act of APIAQ Limited
Partnership, for the purposes and consideration therein expressed and in the capacity therein stated.
UNDER MY HAND AND SEAL OF OFFICE this j % � day
„ X4 , 2001,
RHEA ROILINGS
Notary Public, State o1 Texas
My Commission Expires
February 01, 2012
Notary Public in and for the St€�te of Texas
Consent to Assignment of CSC No. 30199
by PHAERO, L.L.C. to APIAQ L.P.
EXHIBIT A
DESCRIPTION OF PROPERTIES
Fuel Farm Site: 1,600 square feet of unimproved ground space at the Airport,
including the fuel farm site plan identified as Phazar Fuel Farm Site
Plan. (See map of premises on Exhibit "A" to the lease)
FBO Permit: (Not applicable)
Consent to Assignment of CSC No. 30199
by PHAERO, L.L.C. to APIAQ L.P.
Page 1 of 1
City of Fort Worth, Texas
� � • - •
DATE: Tuesday, December 08, 2009
LOG NAME: 55ASSIGNMENT APIAQ
REFERENCE NO.: ��V-z3y4e
SUBJECT:
Authorize Execution of Consent to Assignment of Unimproved Ground Lease Agreement with Mandatory
Improvements Identified as City Secretary Contract No. 30199, at Fort Worth Meacham International
Airport, by Phaero, L.L.C., to APIAQ Limited Partnership
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a written consent to
assignment by Phaero, L.L.C., of all leasehold interest in City Secretary Contract (CSC) No. 30199 at Fort
Worth Meacham International Airport, to APIAQ Limited Partnership .
DISCUSSION:
On May 4, 2004, (M&C C-20056) the City Council authorized execution of an Unimproved Ground Lease
Agreement with Mandatory Improvements with Phaero, L.L.C. (CSC No. 30199) at Fort Worth Meacham
International Airport.
Staff has received a request from Mr. Gary W. Havener of Phaero, L.L.C. to assign all right, title and
interest in the Lease to APIAQ Limited Partnership. Upon City Council approval, APIAQ Limited
Partnership will assume oversight of all leasehold interests and obligations associated with the
Lease. City 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.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manaaer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
Fernando Costa (6122)
Kent Penney (5403)
Aya Ealy (5406)
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