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HomeMy WebLinkAboutContract 43603-CS1GJTY SECRETARY CONTRACT NO. U 51E0 3- CONSENT TO SUBLEASE CITY SECRETARY CONTRACT NO. 43603 FORT WORTH MEACHAM INTERNATIONAL AIRPORT LEASE SITE 41S 3550 LINCOLN AVENUE This CONSENT TO SUBLEASE ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("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, and BURNETT AVIATION CO., INC. ("Sublessor"), a Texas corporation, acting by and through V. Neils Agather, its duly authorized President; and WILLIAMSON-DICKIE MANUFACTURING COMPANY, a Delaware corporation, acting by and through Philip C. Williamson, its duly authorized Chairman and Chief Executive Officer ("Sublessee"). RECITALS: WHEREAS, on or about September 11, 2012, Lessor and Burnett Aviation Co., Inc. ("Lessee") entered into City Secretary Contract ("CSC") No. 43603, a ground lease agreement for lease site 41S ("Lease") at Fort Worth Meacham International Airport ("Airport"). WHEREAS, Sublessor and Sublessee now wish to enter into a sublease for a portion of the Subleased Premises and have requested Lessor to consent to this sublease. AGREEMENT: In consideration of mutual covenants, promises, and obligations contained herein, the parties agrees as follows: 1. Lessor hereby consents to the sublease entered into by and between Sublessor and Sublessee attached hereto as Exhibit "A" ("Sublease"). 2. Lessor does not adopt, ratify, or approve any of the particular provisions of the Sublease and does not grant any right, privilege or use to the Sublessee which is different from or more extensive than any right, privilege or use granted to Lessee or Sublessor. In the event of any conflict between the Lease and this Agreement, the Lease shall control. 3. Lessor consents to the Sublease expressly upon the promise and covenant by Sublessee that Sublessee will faithfully perform, as to the Subleased Premises, all of its duties and obligations as required by the Sublease. Sublessor understands and agrees that it will remain liable to Lessor for performance by Sublessee of all duties and obligations of Sublessee under the Lease. [Signature Pages Follow] City of Fort Worth Consent to Sublease Agreement Lease Site 41S Page 1 of 4 FIAP1k\LJ 1E©ORS MTV Wliiiar_;11- � -00[21.01,1, crtpc: r 02-i4-e1 3 " 1 1 :541 I IN IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of flinrucat( , 2013. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: z/i.z//3 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 , 2013. 1u • •• r 1. a __*: *= MY COMMISSION EXPIRES le* soy t 1. r _+. ..Y EVONIA DANIELS ■. • 41. \er 11 •.,..,o f.:x 7ir!,'7 ♦-ss%1. s 1 July 10, 2013: APPROVED AS TO FORM AND LEGALITY: By: ' _ '�� Charlene Sanders Assistant City Attorney M&C: e- ZlQ 0 1 Date: I — vie 13 City of Fort Worth Consent to Sublease Agreement Lease Site 41 S Page 2 of 4 • day of otary Public in and for the State of Texas ATTEST* y'AAA- (M. J. Kayser City Secretary fo9iiitiksh ,0 aod g� Jump SUBLESSOR: BURNETT AVIATION CO., INC. ATTEST: By: 4 A‘ V Neils te Agatherl President Date: 2-6 J STATE OF TEXAS § COUNTY oF' (a f rQ ht § Byant'w' BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared V. Neils Agather, 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 Burnett Aviation Co., Inc. and that s/he executed the same as the act of Burnett Aviation Co., Inc. for the purposes and consideration therein expressed and in the capacity therein stated. JIWEN UNDER MY HAND AND SEAL OF OFFICE this day of G.1n h at- y , 2013. `,,,.o,�pnYre ,V�••. BRENDA R. JONES Notary Public STATE OF TEXAS My Comm. Exp. June 20, 3015 • City of Fort Worth Consent to Sublease Agreement Lease Site 41 S Page 3 of 4 a • sz Notary Public in and for the State bf Texas ::JEFFLIQIAL ai r) r s _ fir,, r1 NLii -' it it en-0 `,lti(l v rein U )/ SUBLESSEE: WILLIAMSON-DICKIE MANUFACTURING COMPANY By; ( �J Philip C. Williamson Chairman and Chief Executive Officer Date, 62 .©(.N 3 STATE OF TEXAS § COUNTY OFTo�rrg,� § ATTEST° -1? Lgt= IS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Philip C. Williamson, 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 Williamson-Dickie Manufacturing Company and that s/he executed the same as the act of Williamson-Diclde Manufacturing Company for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND �2lbr0 c�t'ti , 2013. ''-"� `= MY COMMISSION EXPIRES October 30, 2014 City of Fort Worth Consent to Sublease Agreement Lease Site 41 S Page 4 of 4 � Public in and for the State of Texas OFFICIAL RECOR® � G a Ilnl/ 13 �I (Td2 II GJ City of •Wort Texas Mayor and Council Communicatio SUBJECT: Authorize Execution of Consent to Sublease Agreements by Burnett Aviation Co., Inc. to V. Neils Agather for Lease Site 39S and to Williamson-Dickie Manufacturing Company for Lease Site 41 S at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of Consent to Sublease Agreements by Burnett Aviation Co., Inc. to V. Neils Agather for Lease Site 39S and to Williamson-Dickie Manufacturing Company for Lease Site 41S at Fort Worth Meacham International Airport. DISCUSSION: On September 11, 2012, (M&C C-25812) the City Council authorized the execution of ground lease Agreements with Burnett Aviation Co., Inc. (Burnett Aviation) for Lease Sites 39S and 41 S at Fort Worth Meacham International Airport (Meacham Airport). The Agreement for Lease Site 39S is identified as City Secretary Contract (CSC) No. 43602. The Agreement for Lease Site 41 S is identified as CSC No. 43603. Staff has received a request from Burnett Aviation to sublease Lease Site 39S to V. Neils Agather and sublease Lease Site 41S to WilliCal son-Dickie Manufacturing Company. Each sublessee will be bound by the terms and conditions of the respective lease and shall only use the lease sites for aviation related purposes pursuant to the lease Agreements. Staff has no objections 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 wilt have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Bill Welstead (5402) Jonnie Huitt (5409) ATTACHMENTS 1. 55FTW SUBLEASE CONSENTS Exhibit A.pdf (Public) Logname: SSFTW SUBLEASE CONSENTS VNA WDMC Page 1 of 1