HomeMy WebLinkAbout(0121) M&C 20-0306City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0306
LOG NAME: 55FWS CONSENTASSIGNMENT 13745HNGR A
SUBJECT
Authorize the Execution of a Consent to Assignment of a Hangar Sublease Estoppel, Non -Disturbance, and Assignment Agreement for Lease
Site 13745 Wing Way, Hangar A by Tiger Aviation, LLC to Filtration Automation, Inc. at Fort Worth Spinks Airport (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Consent to Assignment of a Hangar Sublease Estoppel, Non -Disturbance,
and Assignment Agreement for Lease Site 13745 Wing Way, Hangar A by Tiger Aviation, LLC to Filtration Automation, Inc. at Fort Worth Spinks
Airport.
DISCUSSION:
On September 29, 2006, Spinks Westside Associates, (Former Lessee), entered into an unimproved Ground Lease with Mandatory
Improvements with the City of Fort Worth (Lessor) (City Secretary Contract (CSC) No. 34065). On June 2, 2008, the Ground Lease was amended
(Amended Lease) (CSC No. 37154). The Ground Lease and the Amended Lease are hereinafter collectively referred to as the Master Lease.
The real property, which is the subject of the Master Lease, consists of four (4) hangar sites identified as Lease sites W-3 through W-6 inclusive,
located at Fort Worth Spinks Airport in the City of Fort Worth.
On or about September 2008, the Former Lessee completed construction of the aircraft storage hangar building on Lease Site W-6, known and
referred to as 13745 Wing Way, Fort Worth, Texas, consisting of five (5) individual hangars within a multi -unit aircraft hangar building identified as
hangar units A-E.
On November 7, 2008, the City of Fort Worth Aviation Department approved, as to form only, a certain Hangar Sublease and Exclusive Occupancy
Agreement as an approved instrument to memorialize the sale to third persons of a Leasehold Interest as a Sublessee in individual box hangar
units within the completed aircraft storage hangar buildings defined in the Master Agreement as Mandatory Improvements.
On January 22, 2009, the Former Lessee and Newstart Construction, Inc.(Newstart) entered into those certain Hangar Sublease and Exclusive
Occupancy Agreements governing Box Hangars A and B.
On September 5, 2013, Newstart entered into a Hangar Sublease Sale and Assignment Agreement with Tiger Aviation, LLC (Assignor). The
Assignor purchased the exclusive right to occupy and use of Box Hangar A. On April 5, 2017, Newstart and the Assignor entered into a second
Hangar Sublease Sale and Assignment Agreement, through which the Assignor purchased the exclusive right to occupy and use Box Hangar B.
Mr Darrell Clendenen, manager of Spinks Westside Associates, LLC, subsequently approached the City expressing his desire to terminate the
Master Ground Lease Agreement. Mr. Clendenen asked if the City would be interested in purchasing the Leasehold Interest in some of
his properties. Recognizing the good condition and value that the hangar facilities possessed, the Aviation Department had the Leasehold Interest
appraised to determine the appropriate value. Based on the appraised value, the Aviation Department and Mr. Clendenen agreed to purchase
some of Mr. Clendenen's remaining leasehold interests and the Aviation Department asked council for approval of a purchase price up to
$4,400,000.00.
On December 6, 2016, City Council adopted Mayor and Council Communication (M&C) C-28022, authorizing the termination of the Master
Lease. Upon termination of the Ground Lease Agreement CSC 34065, the Lessor (City) agreed to enter into a Hangar Sublease Estoppel, Non -
Disturbance, and Assignment Agreement with the Assignor for Box Hangars A and B.
On August 17, 2017, the Lessor and Assignor entered into a Hangar Sublease Estoppel, Non -Disturbance, and Assignment Agreement (M&C) C-
28330 to continue the terms of the Box Hangar Leases for Box Hangars A and B. The Lessor assumed the rights and obligations of Lessee under
the aforementioned Box Hangar Sub -Leases.
On September 6, 2019, City staff received a request from the Assignor to assign all Assignor's rights, title and interest in 13745 Wing Way, Box
Hangar A (Leased Premises) only to Filtration Automation Services, LLC (Assignee); the Assignee wishes to accept such assignment, and the
Lessor is willing to consent to such assignment, all on the terms and conditions set forth in the Consent agreement.
Under the current agreement, the Assignor remits the amount of $727.68 annually, payable in monthly installments of $60.64. After assignment, the
Assignee will remit the same amount and be subject to the provisions contained within the original lease agreement.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation(s) 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.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: Bill Welstead 5402
Additional Information Contact: Rcardo Barcelo 5403