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HomeMy WebLinkAboutContract 28261�I�'Y S�CR�1`AFiY ��N����� � . Q��a� CONSEI�IT TO ASSIGI�TMENT OF CITY SECRETARY CONTRACT NO. 8181, AS PREVIOUSLY AMENDED AND ASSIGNED (FIXED BASE OPERATOR LEASE AGREEMENT) This CONSENT TO ASSIGI�IMENT OF CITY SECRETARY CONTRACT NO. 8181, AS PREVIOUSLY AMENDED AND ASSIGNED ("Consent") is made and entered into by and between the CITY OF FORT WORTH, TEXAS ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas; SANDPIPER AIRPORT INN, I1�1C. ("Assignor" or "Lessee"), a Texas corporation; and DOI�i E. HANSEN (`�Assignee"), an individual. The following introductory provisions are true and correct and form the basis of this Consent: A. Lessor and D.E. Hansen previously entered into City Secretary Contract ("CSC") No. 8181, as amended by CSC Nos. 9415 and 17322 and assigned to Lessee pursuant to CSC No. 18968 (the "Lease"), a lease of real properiy at Fort Worth Meacham International Airport ("Airport") known as Lease 5ite Nos. 16-S, 17-S and 18-5 (the "Leased Premises"). The Lease is a public document on file in Lessor's City Secretary's Office. B. Pursuant to CSC No. 18967, Lessor consented to the execution of a Deed of Trust between Lessee and Bank of the West under which Lessee gave Bank of the West a lien on Lessee's leasehold interest in the Leased Premises. C. 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, THER.EFORE, 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 December 20, 2002 ("Effective Date"). The Lease is incorporated herein by reference for all purposes. The Assignment is attached hereto as Exhibit "A". 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. 3. Lessor consents to the Assignment expressly upon the promise and covenant by Assignee, and Assignee hereby promises and covenants to Lessar, that as of the Effective Date ,_ Page 1 . . , u, r, .. _�i Consent to Assignment of CSC No. 8181, as previously amended and assigned, - �a��i ���r��; ;;,,,] by Sandpiper Airport Inn, Inc. to Don E. Hansen �Y - Gk ur: u , fr'" , � , Assignee will faithfully perform, 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 perform 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 terms in this Consent that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Consent in multiples as of the last date set forth below: CI' : Marc Ott(` � Assistant City Manager Date: �� ATTEST: -"7 4� - � r By: k �u �loria Pear n City Secr APPROVED AS TO FORM AI+�D LEGALITY: , By: �� - -. ��� Peter Vaky ; Assistant City Attorney � f . �� � , - MBLC: � - ! ; %'t , �. . , � t �. _ Page 2 Consent to Assignment of CSC No. 8181, as previously amended and assigned, �, �Ir+i'. _ by Sandpiper Airport Inn, Inc. to Don E. Hansen � � �W�� , �,u•uN@ ,� ��� SANDPIPER AIRPQRT INN, INC., a Texas corporation: By: � � �� �� - - � Don E. Hansen President / Date: _ '�'�— . � . r � - " DOI�1 E. HANSEllT: �.����:�:'. � � Date: ,� _. / �•i` t� � �; �. , ATTEST: B�. �'�.,�-�--- ATTEST: B�, �_...��.��._...__ _ Page 3 Consent to Assignment of CSC No. 8181, as previously amended and assigned, by Sandpiper Airport Inn, Inc, to Don E. Hansen 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 Marc Ott, 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. GNEN UNDER MY HAND AND SEAL OF OFFICE this ��='� day of ,�,C���„�,t'�v�.� , 2002. ��Pa�.P�°�� ROSELLA BARNES �r ��n't IVOiARY PUBLIC ,�!, _: i N,,y� �y = State of Texas , '`�`�•'�''���" ��'2'"`�`"''�� �.;���'`�''Comm. Exp. 03-31-2005 Notary Public in and for the State of Texas ........�••' 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 app�ared Don E. Hansen, known to me to be the person whose name is �V subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Sandpiper Airport Inn, Inc. and that he executed the same as the act of Sandpiper Airport Inn, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. `'`` �GNEN UNDER MY HA1�lI) AND SEAL OF OFFICE this c��'� day of r t �o �. _ , 2002. �..�-�.,�,��. _. ��;. � �Au,,� ��6�b�� E4��77'����1� �; , (' �r�ro �uaiio, ��A� afi �r���� � ��\,� �Ay �aran,e��6on Exp�ros '�' t� ��OY �, �4�bR :.;°il:.."� ��;`�� "���.�; :��"'�?!..; .. .,s'; . ��� Notary P blic in and for the State of Texas Consent to Assignment of CSC No. 8181, as previously amended and assigned, by Sandpiper Airport Inn, Inc. to Don E. Hansen STATE OF TEXAS COUNTY OF TARRANT 0 � 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 ]r'' � subscribed to the foregoing instrument, and acknowledged to me that the same was his act and that he executed the same as his act for the purposes and consideration therein expressed and in the capacity therein stated. GNEN iJNDER MY HAND AND SEAL OF OFFICE this ���� day of � G � , 2002. ��:�;���:F::. ,�,�•+p,� �33���� ��C3iW�F�� c; ' x" a��' �In1ary Puhiic. �ta�� crt %x�s , ° " �y c«,m��� ��,i�,� �'�' v'�e M�eY �, �i�! �'�'�� .R �a aa.�.m:"Gbt'l.;k*:'�,�;'.'�5,�lw,4a4..'�`�M,"��'S���'9���� l Notary Public in and for the State of Texas Consent to Assignment of CSC No. 8181, as previously amended and assigned, by Sandpiper Airport Inn, Inc. to Don E. Hansen GF# ATC 2002 DB 717962-A (827) EXHIBIT "A" WARRANTY DEED AND ASSUMl'TION THE STATE OF TEXAS COUNTY OF TA.RRANT KNOW ALL MEN BY TFIESE PRESENTS: THAT THE UNDERSIGNED, SANDPIPER AIItPORT INN, INC., a Texas corporation, acting herein by and through is duly authorized officer, hereinafter referred to as "Grantor", wliether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) casli, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and su�ciency of wluch is hereby fully aclmowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto DON E. iiANSEN, herein referred to as "Grantee", whether one or more, the real property described as follows: All of Grantor's right, title and interest in and to those certain Lease Agreements (and any and all Amendments theieto) as set forth on Exhibit "A", attached hereto and incorporated herein for all purposes, being Lease Agreements by and between the City of Fort Worth, as Lessor, and Don E. Hansen, a,s Lessee, and relating to certain tracts or pazcels of land located at Meacham Field, a municipal auport in the City of Fort Worth, Texas, said real property relating to and being the . subject oFdie Lease Agreements being described on Exhibits "B", "C", "D", and "E" attached herero and incorporated herein for all pucposes. This conveyance is expressly made and accepted subject to'any and all restrictions, covenants, conditions, easements, zoning laws, regulations, ordinances of municipal and other govemmental authorities, and reservations, including, but not limited to, minerals previously reserved or conveyed, if any, relating to the property conveyed, but only to the extent that they are still in effect and shown of record. TO HAY.E AND TO HOLD the above described premises, together with all and singulu the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns Forever; and Grantor does hereby hind Granror and Grantor's heirs, executors, administrators, successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular [he said premises unto the said Grantee, Grantee's heirs, executors, admit�is[ra[ors, successors and/or assigns, against every person whomsoever claiming or to claim the same or any paR thereof. 2002. Grantee's Address/Retum To: DbN E. HANSEN 4000 NoRh Main Street Fort Worth, Texas 76106 THE STATE OF TEXAS COUNTY OF TARRANT SANDPIPER AIRPORT INN, INC. BY: �� ✓��� Don E. Hansen, President This instrument was aclrnowledged before me on this 1� day of December, 2002, by Don E. Hansen, President of SAIVDPIPER AIRPORT INN, INC., a Texas cotporation, on beh said corpo�ti0n. 5�.... ..._.._..,._ .�: ; �ti�nr� DAVID BRIIIFFr �t� �,��� sr�r� o� ��xas � i } ' �} ' �� i �°� ' MY Cqrm. ExQ. 1D/25/2004 � , . . .. ... � .. . . ......... ......,. , . ....,. :_ _,...,.._, . _.:.,. MY COMMISSION EXPIRES: EXECiTTED this 11 th day of December, 2002, BUT TO BE EFFECTIVE THE 20T" DAY OF DECEMBER, /�� �� . / NO"I'AI�Y P LIC, STA �S PRINTED NAME OF N ,�,�„ ---,, ..... :_..,..s. ,� u i r H t • .��:�,,,�..:.....:,,:'fl; `�'� ' �'����, twa4ary �Isc *�� .�'iTAT� OP TEXAS �4j=a��'`�� My Caron. Exp. 10128/2004- t;�«„�e.c.wa�s,m,m,,........,_.__...�. �..,_.,�.., Exhibit A A summary of the contracts and amendments thereto between you company and the City of Fort Worth are as follows: � City of Secretary Contract Number 17321 17322 ' 17327 17325 Transit Fuel Agreement To Amend T-Hanger Hangers l OS Location 9S 9S Location 8S City Secretary Contract Number 8180 8181 8938 11967 9779. �, - ����'` u�� �- - -'�:�•.� ;�P°,:_-�-�. . " +•..'�`z��--. _ 1 FIELIi NOTFS FOR DON Hr1NS EN LEAS E"A" MF.�CiiAM FIELD FORT 410RTIi MUNICIPAL AIRPORT A trac� of land out of'the 3amea. Wallace Survey being out cf tracta canveye� to the City of Fo:� E:Tor�h hy deeds recorded in Volume 1080, Page 413, and Volume 1�5Q, Paga 553, Deed Racords, Tarrant County, Texas, snd alsq being a portion of the Fort Worth Mun�cipal Airport, Meacham Field, more particularly described using the Texas co-ordinate system, Narth Central zone, co-ozdinatea• and beariaga as follow; Beginning a� a poi.nt for the southwest corner nf said lease� the co-ordinatea of said paint are X n 2,043,999.72, Y� 41T,Q13.17; Thence:� North 2 degreee 50 minutes 26 seconds eset 518.7 feet to a point for � � the.northweat corner of said lease; Thence; South 87 degrees 09 minutea 34 secomds �sst 360.0 feet to the.beginning of a curve to�the right, �he centar o£ which beere south,2 degrees 50 minutes . 26 aeconda wea t a radius distance ot 40.0 feet; , �, Thence: Southeaseer.ly along said curve to the tight an arc distance of 62,83 : feet ta a goint; � ' � . , Thence: South 2 degrees 50 minutea 26 secon�s wast 478.7 £eeC to a goxnt for the southeast corner of sa�d Iease;. . ' Thence: North 87 degrees p9 minutea 34 seconds west 400.0 feet to the place of b.eginning and containing 207, 135.fi4 square� feet of land, more or lesa . � � 'j • �� s . �� S �� S �� 5 0 � _ ._ ::.,., .. : . __. _ . . - .._ -_- _._�.�F:.��.���_a.�,,,. _ _..�.�._. - -- — �� I FIELD No�r�.s I � FOR MEACHAM FiELD LGASE ' � CITY SEGRGTARY CONTRACT NO. 8181 0 A tract of land out aP the ,?ames Wallace 5urvey being �out o£ the � tracts conveyed to the Ci�y o` Fort Worth by deeds recorded in Volume 1080, Paqe h13, and Volume 1p50, C'age 553, Deed Recards,. R'arrant County, Texas; and alsa bein9 a portion of Fort worth Municipal Airport, Meact�am Fie1d, more p'articular-ly described using tl�e Texas co-ordinate sy.stem, North Central zone, co-ordinates and bearinga_as �ollaws: , DEGINNIC�G at a poi.nk far Che southwesC corner pf �a�417 204,Z$the CO—OiCilCl7tC5 o� said point being X= 2,044,459.63,.Y THENCE: North 2 degrees 50 minutes 26 seconds east 378.0 feet to the beginning of a curve to the rigt�+t the center of which bears sout'h 87 degrees �9 minutes 34 seconds east a radiva distance oP 40.0 feet; TH�NCE: Nortl�eaeterly_along said curve to the right an arc distance of 62.83 feet to a point in the north line af said lease; TtiENCEe South 87 degrees 09 minutes.34 seconds east 350.0 feet to a point for the northeast corner of lease; , TNLNCE: Soutl� 2 degrees 5Q minutes 26 aeconds west 418.0 feet to a point for the sbutheast corner of lease; THL•'NCE: North ti7 degrees D9 minutes 34 seconds west 390.0 feet to tile place of beginning and containing 162,675.69 square £eet of land, more �r 1e83. .�1 � t i / . � , ..^.:<C;�,f:'�':.y::�`3ryY:j.l:' � . � � �'�3�<rit ��4�ti; �.-�y� ' ,' - ' ' ' . t .�-��;;'-':-;;=�r%�'i„�"`,�n��.:i,;r'ir . ;,-.:�°�:,�`;K'y,y.:<;�.:,w6:•i:s.._.., .. � " . . . ; �i���;` . .. . .. f � � /��s ��s� d � � ✓ A�r:ic� ��l' lriiid �ut o[ tlic J:imes W<<]],ncc Survzy, bcin� a par.t o[ � L'ract ci�nvcycJ �o �I�� Giey o( Furt Wor�l�� by deed recorded in Vo.lume 1112, t'aFu 574, peed Records, .arranr County, 'fexas, ancl �l:o bein� a partion oE t'ort Woreh Munieipal Airport, Meael�am Field, more pnr[iculnrly described using clie Texas Coordinate System, North Central Zone, coordi��tes pnd bearinp,s as Follows: • C(1hIhII;NCIi :il'.,� pu1nC in llii��ver.0 l.ine of. Nurth M:�Ln Sl'r.cul' ;uid Lhu n„rl.l� llnr� i�f 7;ilh Slrect, Sa.irl poin[ hein� ancl°eas�erly Sli coraeroE Pleacliam Fie7d, 'flll:NCI:: NorCl� no degrees 28 minu[es J9 seconds east 884.6 Eeet and norCii 89 de�rees 31 minutes Z1 seconds vese 540.0 feet to a"+" cuc in conc.rete for the poin[ oF ber,,inning, said poin[ bein� Che svuthc�st r.arnar oE Lcise Sitc No. 10, che coordinates of s�id I�eginninq poinc are: X=2,045,15G.41, Y=417,8�1.05; TII�NCG: S.ou[h i�o defitece ZA minutes J9 secnnds +rest 198. )5 fect for tlie southeast corner of tlie lierein described Lease Site No. 9; TIIF,NCIi: Nortli 89 degrees 31 minutes 21 seconds,uest 180.Q Feec for ti�e souCl�ves� corner of Lease Site No. 9; TFIENCF.: Norch no de�rees 28 minuGes 39 seconds east 10.45 feet to tlie Ueginnin� of a curve to Ehe lefc, the center oE which bears north 89 degrees 31 minutes 21 seconds uest a radius discance oE 174.0 feet; T}IENCL•: Nort;huesterly along.said curye eo �he IeEC an arcdis[ance of 12$.21 faet to � point of tangent; TFIENCL: NorCh 41 degrees 4t, minutes 21 seconds vest 22,54 feet to a 1/2" iron pin at the most soutlierly corner o.E Lease 5ite No. 10; , T11L•NCE: Norch 48 deRrees 15 minu[es 39 seconds east alonR'the sou[herly line aE Lease Stce No. 10, 81.39 feet to an angle point in said southerly line; THENCE: 5outh A9 degrecs 31 minutes 21 seconds east continuin� alonr the.sou[herly line o.f Lease 5ite No. 1U, ].f10.0 .feet to the place of begi•nning and containing 39,959.3 square feet of land more or less. � AND ALSO T}iE FOLLOWINC: Lease Site No. 10 � `--✓� . A tr.act of land �i�t �f Clie ,lani�s W�7.lace Sucvey �einq out of a tr:ict nE •land cnnveyed to [lie CiCy oE Fart Wor�h by dc�ed recorded in Volume 1112, Paqe 574, Deecl Records, Tarrant County, 1'exas, :mr1 ;i.lso being a portion oC Port WorCl� Munict�al Airpore, hteacfinm Ficld, more p�rCic�il�rly described usin� the Texas Coorelinate Syscem, North Central Zone, coordina[es aucl bearings as follows: r � COPPIGNC.[: at a point in tlie norCl� line nf 18[IS 5[reet and clie vest line of Nnrcli flain SCrect, said point alsu bcin� an easecrl.y souti�eas� corncr ot hlcacliam Ficld, Che,nc.c: NorClt no deFrcec 2�1 mi�iiiCes 39 secouds casC 1076.Q2 f:cc� and nc�rClt 80 de{;rees l.? mini��es' 21 seconds wusC 547,72 fect @or tlie norLl�eacl ,ncl he�,iiinin�; �wint oP i.ease Site 10, the coordinates oE said beginning point are X=Z,OG5,158.74,..Y=418,117.00; ' T1IENCE: South no degrees 28 minutes 39 seconds west 280.0 feet Co'a�point; TiIENCC: Norch 89 Jegrees �1 mi�utes 2I seconds.ves� 180.0 feec to a point;� THtNCL•: South 4S degrees 15 minutes 39 seconds vest 81.79 feet to a point; T4E1�CL: Nortli 41 degrees 44 minuces 21 seconds west 57.23 feeC to the most southeriy corner of Lease Site No. 11; TIICNCL•: Nortii 48 dcgrees 15 minutes 39 seconds east along tl�e easterly line oC [.case Site No. 11, 37.08 feet to a point;' TIIGNCL• : Nart11 1. de�;rce 19 minuces 39 seconds e�st contitiuing vi th tlie elst line of l.c�se Sitc No. 11, )Q7,y fceC to Che northcast corner oE l.ensc 5ite Nu.•ll; TIIi:NCF.: So�iCli !iO Je�cet:s 12 ii�lnutes 21 secnnds easc 250.0 fee[ to tlie place of beginning and conCainin�� 77,771.92 squ�rc Cec� of lond more or le,ss. i. �. I Page 6 , . . � - --� -� - ----- _,.,v.,...J��=- - _--_� - — -- 3;�. _; ..::_.,..,..,�_. .� ... ......._,:...,. —:�r.� _ �-.� �.��_ ,,.i�._m a . .-.��.�4�lk ,, .—. � . _ .. ---- — ----- �..�..� . _ City o, f'�'oYt Wo�th9 Texacs IVlayor and. Council Comrnunication DATE REFERENCE NUMBER LOG NAME PAGE 12/17/02 **C-19391 55AGREE I 1 of 2 SUBJECT CONSENTS TO ASSIGNMENT AND ASSUMPTION AGREEMENTS BETWEEN SANDPIPER AIRPORT INN, INC. AND DON E. HANSEN, AND EXECUTION OF DEED OF TRUST LIENS BY DON E. HANSEN IN FAVOR OF SUMMIT NATIONAL BANK OF FORT WORTH RELATED TO LEASE SITES AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute written consents to Assignment and Assumption Agreements between Sandpiper Airport Inn, Inc. (Sandpiper) and Don E. Hansen, an individual, relating to all of Sandpiper's leasehold interests at Fort Worth Meacham International Airport (Airport) other than Lease Site 1-S; and 2. Authorize the City Manager to execute written consents to the execution of Deed of Trust Liens by Don E. Hansen in favor of Summit National Bank of Fort Worth (Bank) on all leaseholds at the Airport assumed by Don E. Hansen. DISCUSSION: Sandpiper currently has seven (7) leases in effect for various parcels of real property at the Airport (City Secretary Contract Nos. 8180, 8181, 8892, 8938, 9779, 11967 and 25212, all as may previously have been amended and/or assigned). Sandpiper and Don E. Hansen have entered into assignment and assumption agreements under which Sandpiper has agreed to assign all of its right, title and interests in its Airport leaseholds, as provided by the leases, other than Lease Site 1-S (which is governed by City Secretary Contract No. 25212, as previously amended), to Don E. Hansen, and Mr. Hansen has agreed to assume all of Sandpiper's duties and obligations under those leases. Once Mr. Hansen assumes the leases assigned by Sandpiper, he intends to refinance improvements that have been constructed on the affected leaseholds through a loan from the Bank. Consequently, Mr. Hansen has requested the City's consent to his execution of Deed of Trust Liens on his leaseholds in order for the Bank to secure its loan to Mr. Hansen. The Deed of Trust Liens will grant the Bank the right to operate as the Lessee or to secure another tenant in place of Mr. Hansen, if approved by the City Council, in the event that Mr. Hansen defaults under the loan or breaches any of his leases with the City. Ciiy of F'o�t T�Vo�th, 7'exas Ma�or and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/17/02 **C-19391 55AGREE I 2 of 2 SUBJECT CONSENTS TO ASSIGNMENT AND ASSUMPTION AGREEMENTS BETWEEN SANDPIPER AIRPORT INN, INC. AND DON E. HANSEN, AND EXECUTION OF DEED OF TRUST LIENS BY DON E. HANSEN IN FAVOR OF SUMMIT NATIONAL BANK OF FORT WORTH RELATED TO LEASE SITES AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MO:k Submitted for City Manager's Office by: FUND I ACCOUNT I (to) CENTER � AMOUNT CITY SECRETARY Marc Ott Originating Department Head: Bridgette Garrett (Acting) Additional Information Contact: Peter Vaky 8476 5403 (from) 7601 APPROVED 12/17/02