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HomeMy WebLinkAboutContract 20978 CITY SECRETARY 5 CONTRACT NO ASSIGNMENT OF CONTRACT THIS ASSIGNMENT OF CONTRACT (the "Assignment") is made and entered into to be effective as of the 30th day of November, 1994 , by and between ALLIANCE AIR SERVICES, INC. , a Texas corporation ( "Assignor") , and ALLIANCE AIR MANAGEMENT, LTD. , a Texas limited partnership ( "Assignee") . RECITALS A. Assignor and the City of Fort Worth, Texas (the "City" ) have entered into that certain "Management Agreement Between the City of Fort Worth and Alliance Air Services, Inc . for the Management, Operation, and Maintenance of Fort Worth Alliance Airport" dated December 15 , 1993 (the "Contract" ) . B. Assignee desires to acquire all of Assignor ' s right, title, and interest in and to the Contract . C. Assignor desires to assign, transfer, and convey to Assignee all of its right, title, and interest in and to the Contract . D. The City desires to agree and consent to such assignment pursuant to Section 12 . 1 of the Contract . AGREEMENT NOW THEREFORE, for and in ' consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Assignor, Assignee, and the City hereby agree as follows : 1. Assignor hereby transfers , assigns, and conveys to Assignee all of its right, title, and interest in and to the Contract . 2 . Assignor hereby represents and warrants to Assignee that : (i) Assignor has not previously assigned any of its right , title, and interest in and to the Contract; and (ii) Assignor has fully and timely performed all of its obligations under the Contract and no defaults or events which, with the giving of notice, the passage of time, or both, could mature into a default under the Contract . 3 . Assignee hereby assumes and covenants to perform all duties and obligations of Assignor under the Contract and agrees to hold Assignor, its successors and assigns, harmless from any and all claims, liabilities , actions, and demands of any nature whatsoever arising out of the Contract after the 75000001:523 Assignment of Contract: Revised 1-26-95 E effective date hereof . Assignor agrees to hold Assignee, its successors and assigns, harmless from any and all claims, liabilities, actions, and demands of any nature whatsoever arising out of the Contract prior to the effective date hereof . 4 . This Assignment shall be binding upon and inure to the benefit of Assignee and Assignor and their respective successors and assigns . This is the entire agreement between the parties and cannot be changed or modified without the written consent of the parties hereto. 5 . This Assignment may be executed in multiple counterparts, each of which shall be deemed to be an original . IN WITNESS WHEREOF, Assignor, Assignee, and the City have executed this Assignment of Contract to be effective as of the day and year first above written. ASSIGNOR: ALLIANCE AIR SERVICES, INC. , a Texas corporation By: Name: T)MOTAV D, \,JPIRf) Title: Ncs)dc"T ASSIGNEE: ALLIANCE AIR MANAGEMENT, LTD. , a Texas limited partnership By: ALLIANCE AIR SERVICES, INC. , a Texas corporation, its sole general partner By:- 2 c"& Name:L:rmo-rjiv RO Title: REsjool'� 2 - 75000001:523 Assignment of Contract: Revised 1-26-95 Pursuant to Section 12 . 1 of the Contract, the City hereby agrees and consents to this Assignment of Contract. CITY OF FORT WORTH, TEXAS By Name AI 10-L r-e-1 Title: A rcl- l�:�� ✓hr,✓ ___ APPROVED AS TO FORK ARID LEGALITY: 6 'Q Assistant City tOMP,,t �It_2�_9Sr AMSTED BY Contract Authorization ,1 Q "' Date 3 — 75000001:523 Assignment of Contract: Revised 1-26-95 City of Fotf Wotf h, . Texas tr% r�rs4 Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 03/28/95 **C-14742 02AIAR 1 of 1 SUBJECT ASSIGNMENT OF MANAGEMENT AGREEMENT OF ALLIANCE AIRPORT FROM ALLIANCE AIR SERVICES, INC. TO ALLIANCE AIR MANAGEMENT RECOMMENDATION: It is recommended that the City Council approve the assignment of the Management Agreement between the City of Fort Worth and Alliance Air Services, Inc. for the management, operation and maintenance of Fort Worth Alliance Airport from Alliance Air Services, Inc. to Alliance Air Management, Ltd. DISCUSSION: On May 4, 1993, the City Council approved M&C C-1 13817 authorizing the Management Agreement with Alliance Air Services, Inc. (formerly Pinnacle Air Services, Inc.). As part of an administrative reorganization, Alliance Air Services, Inc. has requested the City's consent to assign the Management Agreement to Alliance Air Management, Ltd., a Texas limited partnership. Alliance Air Services, Inc. will be the sole general partner of Alliance Air Management, Ltd. BT:a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Ramon Guajardo 6103 APPROVED 3-28-95 Originating Department Head: (from) Ramon Guajardo 6103 For Additional Information Contact: Ramon Guajardo 6103 aaao Printed on recycled paper