HomeMy WebLinkAboutContract 41119-CA1CITY SECRETARY
CONTRACTNO..±LLLEiC&L
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 41119
(UNIMPROVED GOUND LEASE AGREEMENT —HANGAR 8-S LEASE SITE)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
41119 ("Consent") is made and entered into by and between the CITY OF FORT WORTH,
TEXAS ("Lessor"), a Texas home rule municipal corporation, acting by and through Fernando
Costa, its duly authorized Assistant City Manager; DON E. HANSEN ("Assignor" or
"Lessee"), an Individual; and TEXAS CAPITALIZATION RESOURCE GROUP, INC.
("Assignee"), acting by and through ROBERT L. PATTON, JR., its duly authorized President.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. Lessor and Don E. Hansen previously entered into City Secretary Contract ("CSC") No.
11967, as amended by CSC No. 17325, and assigned to Lessee pursuant to CSC No. 18968
("Lease"), a lease of real property at Fort Worth Meacham International Airport ("Airport")
known as Lease 8-S ("Leased Premises"). The Lease is a public document on file in Lessor's City
Secretary's Office.
B. On or about February 18, 1992, pursuant to CSC No.18968, Lessee, Don E. Hansen
assigned all of Lessee's right, title and interest in the Leased Premises to Assignee, Sandpiper
Airport Inn, Inc.; and Lessor consented to such assignment based on all terms and conditions set
forth in the Consent.
C. Pursuant to CSC No. 28256, Lessor consented to the execution of a Deed of Trust
between Lessee and Summit Bank, N.A. under which Lessee gave Summit Bank, N.A. a lien on
Lessee's leasehold interest in the Leased Premises. As of
Summit Bank, N.A. has released all rights and interest in the Leased Premises.
D. On or about December 30, 2002, pursuant to CSC No. 28260, Lessee, Sandpiper Airport
Inn, Inc. assigned all of Lessee's right, title and interest in the Leased Premises to Assignee, Don
E. Hansen; and Lessor consented to such assignment based on all terms and conditions set forth
in the Consent.
E. CSC Nos. 11967, 17325, 18968 and 28260 shall hereinafter and collectively be referred
to as the "Previous Lease."
F. Lessor and Lessee entered into CSC No. 41119, in exchange for significant
improvements to the Leased Premises. Lessee requested, and the City consented to cancel all
terms and conditions of the Previous Lease, and enter into a New Lease Agreement (the
"Lease") with Lessee to provide for an additional ten (10) years with two (2) five-year options to
renew on all portions of the Leased Premises under the Lease.
Consent to Assignment of CSC No. 41119
by Don E Hansen to Texas Capitalization Resource Group Inc.
Page 1 of 5
05-O4 12 A11:20 IN
OFFICIAL RECORD
CITY SECRETARY
ET. WORTH, TX
G. 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 , 2012, is a public document on file in Lessor's City
Secretary's Office and Aviation Depaituient 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 Effective Date
Assignee will faithfully perfociii, 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 perfoiui 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 teens 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. 41119
by Don E. Hansen to Texas Capitalization Resource Group Inc
Page 2 of 5
By:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the � day of If , 2012.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: ViAt
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
fnoc , 2012.
tgag,_,.[_•./44s.ac0..4..Vi.:4L3.-Jor�.••:-••3.CLY C JL ssf_
LINDA M. HIRRLINGER
MY COMMISSION EXPIRES
February 2, 2014
APPROVED AS TO FORM
AND LEGALITY:
dart,sec„,---zse,
Charlene Sanders
Assistant City Attorney
M&C: sZ5
Date:
day
Notary Public in and for the State- f Texas
Consent to Assignment of CSC No. 41119
by Don E. Hansen to Texas Capitalization Resource Group Inc.
Page 3 of 5
ATTEST:
B
ary J. I 4 .seer
City Secretary
44).•0•4 f on4:7 ooao ei1k,
04 0o
,a,.000
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DON E. HANSEN: ATTEST:
By:
Don E. Hansen,dividual
Date:
/(3
STATE OF TEXAS §
COUNTY OF //1-17-ia_/7 §
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Don E. Hansen, 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 Don
E. Hansen and that he executed the same as the act of Don E. Hansen for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN /441 UNDER MY HAND AND SEAL OF OFFICE this day
, 2012.
Notary ' ublic in and for the State of Texas
Consent to Assignment of CSC No. 41119
by Don E. Hansen to Texas Capitalization Resource Group Inc.
Page 4 of 5
TEXAS CAPITALIZATION RESOURCE ATTEST:
RESOURC f ' OUP, INC.
By:
Ro o ert 7 . Patton, �r., President
Date:
STATE OF TEXAS §
COUNTY OF /r'417 §
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Robert L. Patton, Jr., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the salve was the act of Texas
Capitalization Resource Group, Inc. and that he executed the salve as the act of Texas
Capitalization Resource Group, Inc. for the purposes and consideration therein expressed and in
the capacity therein stated.
G N UNDER MY HAND AND SEAL OF OFFICE this
4-d
- c.
4
, 2012.
�•,...:..• }
:'''�AAY•PL�'46 JONNIF'HALL
s.
•
•/�� .
:�g, ' % �.� State tit # exas
Nota
Consent to Assignment of CSC No. 41119
by Don E. Hansen to Texas Capitalization Resource Group Inc.
Pages of
ublic in and for the tate of Texas
day
City of Fort Worth, Texas
Mayor and ouncil ommunication
COUNCIL ACTION` Approved on 5/112012
DATE• Tuesday, May 01, 2012 REFERENCE NO.: **C-25586
LOG NAME: 55FTW ASSIGNMENT TXCAPRESOURGRP
SUBJECT:
Authorize Execution of a Consent to Assignment of an Unimproved Ground Lease Agreement Identified as
City Secretary Contract No. 41119 at Fort Worth Meacham International Airport by Don E Hansen to
Texas Capitalization Resource Group Inc. (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize a written consent to assignment by Mr. Don E Hansen
of all leasehold interest in City Secretary Contract No. 41119 at Fort Worth Meacham International Airport
to Texas Capitalization Resource Group, Inc.
DISCUSSION:
History of Lease Site 8-S: On August 4, 1981, (M&C C-5802) City Council authorized City Secretary
Contract (CSC) No 11967 with Don E Hansen, as amended by CSC No. 17325 (M&C C-11747), a lease
of real property at Fort Worth Meacham International Airport known as Lease 8-S. On February 18, 1992,
(M&C C-13245) City Council authorized CSC No.18968, a Consent to Assignment by Don E Hansen
assigning all rights title and interest in Lease Site 8-3 to Sandpiper Airport Inn, Inc On December 17,
2002, (M&C C-19391) City Council authorized CSC No. 28260, a Consent to Assignment by Sandpiper
Airport Inn Inc. assigning all rights, title and interest in Lease Site 8-S to Don E Hansen. On December
17, 2002, (M&C C-19391) City Council authorized CSC No. 28256, a Consent to Deed of Trust between
Lessee and Summit Bank, N A. On February 14, 2006, (M&C C-21287) City Council authorized CSC No.
41119, an Unimproved Ground Lease Agreement. Don E Hansen had requested and the City consented
to cancel all terms and conditions of CSC Nos. 11967, 17325, 18968 and 28260, and enter into this new
lease Agreement providing for an additional ten years with two five year options to renew.
Staff has received a request from Don E Hansen for City Council approval to assign the lease Agreement
to Texas Capitalization Resource Group, Inc. Upon City Council approval, Texas Capitalization Resource
Group, Inc., will assume all leasehold interests and obligations associated with the lease.
Staff recommends approval of this assignment.
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
Logname: 55FTW ASSIGNMENT TXCAPRESOURGRP Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
Fernando Costa (6122)
Bill Waisted (5402)
Jonnie Huitt (5409)
Logname: 55FTW ASSIGNMENT TXCAPRESOURGRP Page 2 of 2