HomeMy WebLinkAboutContract 55499-T1 gEce ED
JAN 2 t? �022 1 i
C'TYOFf'pRr "�''
C1?YSCC*WORTH � 1
City Secretary Contract Number
AGREEMENT TERMINATING
CITY SECRETARY CONTRACT NO.55499
BY AND BETWEEN THE CITY OF FORT WORTH AND
SOUTHERN AIR,INC.
This Agreement terminating City Secretary Contract {CSC} No. 55499
C'Termination") is made and entered into by and between the CITY OF FORT
WORTH("City"),a home rule municipal corporation under the State of Texas,acting by
and through Dana Burghdoff, its duly authorized Assistant City Manager, and Southern
Air,Inc. ("Airline"), a corporation organized and existing under the laws of the State of
Delaware and authorized to do business in the State of Texas, acting by and through
Adam R.Kokas, its duly authorized EVP General Counsel and Secretary.
RECITALS
The following introductory provisions are true and correct and form the basis of
this Agreement:
A. Airline previously entered into an Cargo Carrier Operating Agreement
with City for cargo operations at Fort Worth Alliance Airport (the
"Airport')styled as City Secretary Contract No. 55499("Agreement").
B. The Agreement had a term that was not set to expire until 11:59 p.m. on
March 31,2041;
C. On or about October 7, 2021, the City was informed that on or about
November 17, 2021, Airline was dissolving its business and being
absorbed by one of its partner airlines,Atlas Air,Inc;
D. It is the intent of City and Airline to now terminate the Agreement due to
the fact that Airline is wrapping up its business operations and being
absorbed by Atlas Air, Inc. who the City also has a separate Cargo
Operating Agreement;
E. The Airline has the authority to wind up its existing affairs pursuant to
Chapter 11, section 11.052, "Winding Up Procedures," of the Texas
Business Organization Code which allows City and Airline to enter into
this mutual Termination of the Agreement.
OFFICIAL RECORD}
CITY SECRETARY
AGREEMENT
1. TERMINATION OF AGREEMENT.
The Agreement is hereby terminated effective as of the date this
Termination is signed by both parties ("Effective Date'). However, such
termination shall not constitute (i) a release by one party or any liability
accruing or obligation to indemnify under the Agreement or (ii) a waiver
of one party to enforce any unperformed duties or obligations of the other
under the Agreement.'
2. SURRENDER OR PREMISES.
If applicable, the Airline will surrender any keys or access cards or
documents no later than 10:00 AM of the Effective Date(unless otherwise
agreed between Lessee and New Lessee), Lessee shall vacate the leased
premises and deliver all keys to Aviation Department at Suite 330.
3. NOTICES TO AIRLINE AFTER EFFECTIVE DATE.
All notices to Airline after the Effective Date shall be addressed as
follows:
Southern Air, Inc.
CIO Atlas Air, Inc.
2000 Westchester Avenue
Purchase,NY 10577-2543
[Signatures Pages to Follow]
Agreement Terminating CSC 55499 2
For Cargo Operations at
Fort Worth Alliance Airport
IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement in
multiples on this the J I day of ,2022.
CITY OF FORT WORTH:
By:
Dana Burghd
Assistant Ci anager
Date: 2 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 Dana Burghdoff, 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 day
2022.
*AY PV¢ MARIA S SANCHEZ
s° n Notary ID#2256490
My Commission Expires 2025 Not Public in and or the
e Det�r�ber 19,
State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: i' f - ) By:
Thomas Royce Hansen Ja tte S.Goodall
Assistant City Attorney C Secretary
M&C: aolso
Approved:March 9.2021 ,;` :
Agreement Terminating CSC 55499 3
For Cargo Operations at
Fort worth Alliance Airport OFFICIAL RECORD
.:.. A,
CITY SECRMRY
FT WORTH,TX
i
LESSEE: ATTEST:
SOUTHERN AIR,INC.
By:
Adam R.Kokas
EVP, General Counsel&Secretary
Date; January 21,2022
STATE OF NEW YORK §
COUNTY OF WESTCHESTER §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of New
York, on this day personally appeared Adam R. Kokas, 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 Southern Air, Inc, and that s/he executed the same as the act of Southern Air, Inc.
for the purposes and consideration therein expressed and, in the capacity,therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21 st day of January,2022.
6C/
Notary Public i and for the
State of New York
4 Cardin Charvis
NOTARY PUBLIC.STATE OF NEW YORK
Registration No.0 1 CH6409685
Westchester County
Commission Expires October 5,2024
Agreement Terminating CSC 55499
For Cargo Operations at
Fort Worth Alliance Airport OFFICIAL RECORD
CITY SEI:RETARV