HomeMy WebLinkAboutContract 39730CITY SECRETARY
�CNTRACT NCB. O
CONSENT TO ASSIGNMENT OF
CITE' SECRETARY CONTRACT NO. 11963
(UNIMPROVED GROUND LEASE AGREEMENT — LEASE SITE 34-5)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY C®I`�TTRACT NO.
11963 ("Consent") is made and entered into by and between the CITY OF FO�� T WORTH,
TEXAS ("Lessor"), a home rule municipal corporation organized under the laws of the State of
Texas; ATKINSON, BIBBEE AND FRANCIS ("Assignor" or "Lessee"), acting by and
through Mr. Frank Bibbee, Vance Atkinson and Ken Francis, its duly authorized owners; and
ATKINSON, FRANCIS AND WELCH ("Assignee"), through Mr. Vance Atkinson, Ken
Francis and Troy Welch, its duly authorized owners.
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. 11963 (the "Lease"),
a lease of real property at Fort Worth Meacham International Airport ("Airport") known as the
lease site 34-S, 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
whiLai 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 June 1, 1981 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 and Lessee entered into and executed a Renewal Agreement to the Assignment,
commencing on June 1, 2006 and expiring on June 1, 2011 and is incorporated herein by
reference for all purposes.
3. 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 contr,gL
Consent to Assignment of CSC No. 11963
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
Page 1
OFFICIAL RECORD
CITY SECRETARY
T.
WORTH, TX
4. 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.
5. 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.
6. 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. 11963
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
Page 2
IN WITNESS EREOF, the parties hereto have executed this Agreement in multiples on this
the Rc� day of , 201 I h.
CITY OF FORT WORTH:
By:��
Fernando Costa
Assistant City Manager
Date:
STATE OF TEXAS §
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
�/t/IAC , 20456
EVONIA BANI�LS
�Y1Y COMMISSION EXPIRES
July 10, 2013
APPROVED AS TO FORM
AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
Notary Public in and for the State of Texas
ATTEST:
By:
Marty Hendrix�l �,a��a
City Secretary ,qA' �0000
pp 0
o
FEZ
day
OFFICIAL RECORD
CITY SECRETARY
Consent to Assignment of CSC No. 11963 I T. WORTH, TX
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
ICI10 M190 ►M UL -:3W9�7� IWM M
By: Atkinson, Bibbee and Francis
its duly authorized Owners:
By:
Vance Atkinson/Owner
Date: I
By:
� A
Ken Francis/Owner
STATE OF TEXAS §
COUNTY OF TARRANT §
Date:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Vance Atkinson, Frank Bibbee and Ken Francis, known tome to be
the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of Atkinson, Bibbee and Francis and that he executed the same as the act of
Atkinson, Bibbee and Francis for the purposes and consideration therein expressed and in the
capacity therein stated.
UNDER MY HAND AND SEAL
200��f�
OF OFFICE this �' � day
otary Public in and for the State of Texas
Consent to Assignment of CSC No. 11963
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
ATKINSON, FRANCIS AND WELCH:
By:
Atkinson, Francis and Welch
its duly authorized Owners
By:
Vance Atkinson/Owner
Date: f
By.
STATE OF � §
COUNTY OF �// §
•
Date: �-��� (Q
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Vance Atkinson, Ken Francis and Troy Welch known to me to be
the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of Atkinson, Francis and Welch and that he executed the same as the act of
Atkinson, Francis and Welch for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisZ day
Nofarv�ublic in and for the State of Texas
Consent to Assignment of CSC No. 11963
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
EXHIBIT A
DESCRIPTION OF PROPERTIES
Hangar 34S: 7,998.5 square feet of real property at the Airport known as the
Hangar 34-S. (See map of premises on Exhibit "B" to the lease)
Consent to Assignment of CSC No. 11963
by Atkinson, Bibbee, and Francis to Atkinson, Francis and Welch
Page 1 of 1
City of Fort Worth, Texas
• • • • � •
DATE: Tuesday, December 15, 2009
LOG NAME: 55ASSIGNMENT ATKINSON
REFEKENGC Nu.: l�-GJ�OJ
SUBJECT:
Authorize the Execution of Consent to Assignment of Unimproved Ground Lease Agreement Identified as
City Secretary Contract No. 11963 at Fort Worth Meacham International Airport by Atkinson, Bibbee and
Francis to Atkinson, Francis and Welch
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a written consent to
assignment by Atkinson, Bibbee and Francis of all leasehold interest in City Secretary Contract No. 11963
at Fort Worth Meacham International Airport to Atkinson, Francis and Welch.
DISCUSSION_:
On June 1, 1981, (M&C C-5801) City Council Authorized City Secretary Contract (CSC) No. 11963, as
assigned under CSC No. 18939, Mr. Atkinson, Mr. Bibbee and Mr. Francis lease 7,998.5 square feet of an
unimproved ground lease identified as Hanger Site 34-S on Fort Worth Meacham International Airport.
Staff has received a request from Mr. Frank Bibbee, of Atkinson, Bibbee and Francis, to transfer the
Lease Agreement to Atkinson, Francis and Welch. This would transfer all rights, title and interest from
Atkinson, Bibbee and Francis to Atkinson, Francis and Welch. Upon City Council approval, Atkinson,
Francis and Welch will assume oversight of all leasehold interests and obligations associated with the
lease.
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.
CERTIFICATIONS:
Submitted for Cif Manager's Office bv_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
Fernando Costa (6122)
Kent Penney (5403)
Aya Ealy (5406)
http://apes.cfwnet.org/ecouncil/printmc.asp?id=12816&print=true&DocType=Print 12/28/2009