HomeMy WebLinkAboutContract 28262CIiY SECR�'iI�F$�'�
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CONSEI�IT TO ASSIGIsTli�IENT OF `� " .,
CITY SECRETARY CONTRACT NO. 8938,
AS PREVIOUSLY AMENDED AND ASSIGNED
(FIXED BASE OPERATOR LEASE AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
8938, AS PREVIOUSLY AMEI�TDED AND ASSIGNED ("Consent") is made and entered
into by and between the CITY OF FORT WORTH, TEXAS ("Lessor"), a home rule
municipal corporation organized under the laws of the State of Texas; SANDPIPER AIRPORT
INN, INC. (`�Assignor" or "Lessee"), a Texas corporation; and DOI�i E. HANSEN
(��Assignee"), an individual.
The following introductory provisions are true and correct and form the basis of this
Consent:
A. Lessor and D.E. Hansen previously entered into City Secretary Contract ("CSC") No. 8938,
as amended by CSC Nos. 9123 and 17327 and assigned to Lessee pursuant to CSC No. 1896$ (the
��Lease"), a lease of real property at Fort Worth Meacham International Airport ("Airport") known
as Lease Site No. 9-S (Hangar 10-5) (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, THEREFORE, for good and valuable cansideration, 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
Assigmment 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
Assignes, and Assignee hereby promises and covenants to Lessor, that as of the Effec�ive Date
., , �
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Page 1 ' - �
Consent to Assignment of CSC No. 8180, as previously amended and assigned, ! �= � �,�, j�
by Sandpiper Airport Inn, Inc. to Don E. Hansen ,��� E
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Assignee will faithfully perform, as an independent contractor, all duties and obligations of
Lessee set farth 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:
CITY OF FORT WORTH• •'
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By: ,
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Date:
City Manager
ATTEST;,
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B�, , ,
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Gloria Pearson
City Secretary
APPROVED AS TO FORM AND LEGALITY:
. �/
By: '� � . r�,K�.�./
Peter Vaky '
Assistant City Attorney
M&C: �-' . � _� i�; � �' � % :� � 4 �-
Page 2
Consent to Assignment of CSC No. 8180, as previously amended and assigned,
by Sandpiper Airport Inn, Inc, to Don E. Hansen
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SANDPIFER AIRPORT INl�1, INC.,
a Texas corporation:
By: �':.. � �� ,;�- _ �
Don E. Harisen `,
President
Date: I� l z//( ' 7'
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Date:
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ATTEST:
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ATTEST:
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Page 3
Consent to Assignment of CSC No. 8180, as previously amended and assigned,
by Sandpiper Airport Inn, Inc. to Don E. Hansen
STATE OF TEXAS
COUNTY OF TA�ItRANT
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0
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared 1Vlarc 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this =�� day of
,(��,o y��./ et� , 2002.
t�P,'n,Y P�/@•., ROSELLA BARNES
2°f `'��� = M07ARY PUBLIC �,� f_Y„�
*_ � ��� Sta4e of Texas '�
'�N��,oF��P''JComm. Exp, 03-31-2005 Notary Public in and for the State of Texas
. ,.,�, ..,„.,r•., ,, . ,
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
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this c��' day of
, 2002.
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Notary Public in and for the State of Texas
Consent to Assignment of CSC No. 8180, 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 Don E. Hansen, known to me to be the person whose name is
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.
\ GIVEN iJNDER MI' HAND AND SEAL OF OFFICE this o���' day of
k-�-c�,r,r, ia.e,r' , 2002.
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"�°'�� �'�B�16B- �8�$'� °f ����ry' Notary ublic in and for the State of Texas
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Consent to Assignment of CSC No. 8180, as previously amended and assigned,
by Sandpiper Airport Inn, Inc. to Don E. Hansen
GF# ATC 2002 DB 717962-A (827)
EXHIBIT "A"
VJARRANTY DEED AND AS SUMPTION
THE STATE QF TEXAS
COiJNTY OF TARRANT
KNOW ALL MEN BY TFiESE PRESENTS:
THAT THE CJNDERSiGNED, SANI7PIPEI2 AIRPORT INN, INC., a Texas corporation, acting herein by
and through is duly authorized officer, hereinafter reFerred to as "Grantor", w6ether one or more, for and in
consideration of the sum of TETI DOLLARS ($10.00) casli, and other good and valuable consideration in hand paid
by the Grantee, herein named, the receipt and su�ciency of which is hereby fully aclmowledged and confessed, has
GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto DON
E. fiANSEN, herein referred'to as "Grantee", whether one or more, the real properiy described as follows:
All of Grantor's right, titie and interest in and to those certaiu Lease Agreements (nnd any and all
Amendments the�eto) 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� Lessee, and relating to certain tracts or parcels of land located at Meachain Field, a
municipal airport in the City of Fort Worth, Texas, said real property re(ating to and being the .
subject of the Lease Agreements being described on Exhibits "B", "C", "D", and "E" attached hereto
and incoiporated herein for all puiposes.
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 p�eviously reserved or conveyed, if any, relating to the property conveyed, but
only to che extent that they are still in effect and shown of record.
TO HAVE ANU TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, admuustrators,
successors and/or assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, executors, administrarors,
successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said
Grantee, Grantee's heirs, executors, admicus[ra[ors, successors and/or assigns, against every person whomsoever
claiming or to claim the same or any part thereof.
2002.
Grantee's Address/Retum To:
DbN E. HANSEN
4000 North Main Street
Fort Wofth, Texas 76106
THE STATE OF TEXAS
COUNTY OF TARRANT
SANDPIPER AIItPORT INN, INC.
BY: /�/� ✓���
Don E. Hansen, President
This instrument was aclrnowledged before me on
President of SANDPIPER AIRPORT INN, INC., a Texas c
5�� v-�^iar.�asrs..��..,..,.,:.......,..�__...._..smr.
; �ti�nrr� DAVID BAIUFF
f�tary �eabllc .
� ' �' ' . sT�r� o� rexas
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MY COMMISSION E3CPIRE�S �. ��.. . V.� ..,�
EXECLI'I'ED this I 1 th day of December, 2002, BUT TO BE EFFECTIVE THE 20T" DAY OF DECEMBER,
this 1� day of December, 2002, by Don E. Hansen,
>rporation, on beh said coipoc�ti6n.
�/�% . � /
�Y Pi�BLIC, STA/ �S
TED NAME OF N ,,�
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1 :���Y�' R;criai`Y Ptd�llc
* � * �TAT� �3� TEXAS
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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 To Amend City Secretary
Contract Number Contract Number
17321 T-Hanger 8180
17322 ' Hangers 8181
17327 lOS Location 9S $938
17325 ' 9S Location SS 11967
Transit Fuel Agreement 9779
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FIELD NOTES
FOR
DON HANS EN LEAS E"A"
MEACIi4M FIELD
FOR� WORTH MUNICIPAL AZR1'ORT
A tract af land out of Che Samea.Wallace Survey being ou� c£ t�acCs conveyed
to the Gitp of Far� L•7or�h by deeds recarded in Volumxe 1080, Page 4].3, and
Valume LOSO, Page 553, Deed Recards, Tarrant County, Texas, and also being
a Fortion af the Fox� Worth Munrccipal Airport, Meacham Fie1d, more parCicularly �
described using.the Texas co-ordinate system, North Central zcne, co-ordinates•
and bearings as follnw:
�eginn�ng at s paint foz the southwest corner of said lease, the co-ordinutea
of aaid pc�int are �C � Z,043,999.72, X�- .417,013.17;
Thence:' NorCh 2 degrees 5d minutes 26 second� east 518.7 feet to a point for
the.northwes t corner of said lease; ,
Thence; South 87 degreea 09 minutes 34 secomda �ast 360.0 feet to the,beginning�
of a c�rve to the .right, the c�ntez of which bears south,2 degreee 50 minutea �
26 aecanda weat e radiva dis�ance oi 40,Q feet; . �
�Thence: Southeaeterly along said curve to the right an arc distance of b2.83 '
`feet to a point; �
'Tt:ence; South 2 degrees 50 iainutes 26 seconda wasC 478.7 feet to a goi,nt £or
the sou�heast corner of said Iease;, -
Thence: l�orth $7 degrees 09 minutes 34 seconds west 40Q.0 feet to the ptace
of beginning and conta�,ning 207 ,135.64 square' feet of land, more or less .
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FIELD NO'PES
. FOR �
MEACHAM FIELD LGAS� �
CITY SIiCAGTARY CONTRACT NO. 8181
A tract of land out oP the James Wallace Survey heing �out of the
tracte con��eyeci to the City af Fort Wort1� by deeds recorded in
Volume 1080, Page h13, and Volume 1D50, Page 553, Deed Recorde,.
Tarrant County, Texas; and also being a portion of Fort Worth
Municipal Airport, Meacktam Field, more particular�ly described using
the Texas co-ordinate system, North Central zorie, co-osdinatea and
bearings,as follows:
DEGINNING �t a paint fot Che southwest corner of saicl lease, the
co-ordinatcs oi said point being X= 2,044,459.63,.Y = 417,204.29;
TkiENCE: North 2 degrees 50 minutes 26 secands east 378.0 feet to the
beginning of a curve to the right the center of which bears south B7
degrees.09 minutes 34 seconds eas�t a radius distance of 40.0 feet;
THENCE; Northeasterly,along said curve to the right an arc distance,
of 62.83 feet to a point in the north line oE said lease; . �
TIiENCE; South 87 degrees 09 minutes.34 seconds east 350.0 feet to a
point Eor the northeast corner of lease;
THL•'NCE: Soutlti 2 degrees 50 minutes 26 aeconda west 41B.0 ,feet to a
point for the sbutheast corner of lease;
TtiL•'NCE: North �l7 deqrees D9 minutes 34 seconc3s west 390.0 ieet to
t)le place of Deginning and ,contairting 162,6.75.69 square feet of
land, more or J.es.,.
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A CCrict nC l,ind aut oE the James Wall�cc 5urvey, �cin� a par.t o[ � Cr.ict annvcyeJ
�o tli4 CiCy oE Fwrt Wor[h� by deed recorJed in Vo.lume 1112, Paqc 574, I�eed Itecords,
Tarrane County, 'Pexas, �nd �l:o bein� a pnrtion o( C'ort 4Joreh Municipal Airport,
Meacl�am Field., more pnrticulnrly described using Clie Texas Coordia�te System, Nottlt
Central Zone; coordinates and bearinPs �s follows: •
CUMI�II{NC� :tl'..� pulnl' iu tlii��v�,l' l.inc of. NorCl� P1aLn Sl'rcuC';uid Uic n„rt.l� llnr. c�f JBth
SCrcat, sa.id poiut hein� �nd `e���erly SL cornec of hleacl�am Field, 'filldNCl;: Norll� no
�legrees 28 minutes J9 seconds east 884.6 feet and nor[li 89 <les�recs 31 minutes 21
seconds vesC�5G0.0 fee� to a"+" cut in conc.rete Eor the point of berinning, said
point bein�; Cltie southc��C r.nrnar oF Len�e Sitc Nn. 10, the coordinates of said
I�eginninq poin� arc: X=2,045,156.41, Y=411,8J7.05;
TIIfiNCG: 5,ou[h no dc�rece 2A minutes 79 secrinds west 199.)S fect foc the southeast
corner of tl�e herein described Lease Si[e No. 9;
TIIF,NCii: Nortli 89 degrces J1 minutes Z1 seconds,West 180.0 feet for �lie soutlivest
corner of Lease Site No. 9; �
TFIENCF.: North no deFrees 28 minuCes 39 seconds east IO.GS fee� to clie veginnin�
of a curve Co Che left, [he cen[er oE whicli bears north 89 degrees 31 minutes 21
seco�ids vest a radius distance oE 174.0 feet;
T}IENCC: Nor�haesterly along said curve eo Che leEt an arcdistance of 128.21 Eeet
Co a point oE Cangent;
TFIENCL: NorCli 41 degrees 4h minu[es 21 seconds ves� 22.54 feet to a 1/2" iron pin
et the most soutl�erly corner oE Lease 5ite No. 10;
T11C•NCE: Nor�h 48 deRrees 15 minutes 39 seconds east alon�'the southerly line oE
Lease SiCe No, 10, 81.39 fee[ to an angle point in said southerly line;
THENCE: South A9 degrees 3l minu[es 21 seconds east continuinF alnn� che,southerly
li�e o.f Lease Site No. lU, ].R0.0 .feet to the place of beginnin� and containing
39,959.3 square feet of land more or less.
AND ALSO T}lE FOLLOWINC: Lease 5ite No. 10 � '
� �
A trac� oF l�nd out oE Clie James Wal.lace Sucvey beinq out of ;� �rnct oF. land cnnveyed
to tlie CiCy of Fart Worih by dc�ed recorded in Volume 1112, Pa�;e 57G, Deecl kecords,
'fZrranC County, 1'exas, :�nd a.l,so being a�ortion o[ Fort Wortl� ri��ni�;�ai Airporc,
hfeaclinm Fiel.d, more p�reicul�rly described usinF the Texas Coorelinate System, Norch
Centrzl 2one, coordinates aucl �earings as follows:
COhRILNC:li at a point in the north line nE 38[h StreeC and the wes[ line oE Nnrch
tlain Slrect, said point al�u bein� an easlcr].y souCliease corocr o! Mcacli�m Nicicl,
Chenc.c: North no deFceec 28 minuCes 39 secoiads casC 1016.Q2 f:�eC nnQ norClt 8Q deprces
].� miniices� 21 Soconds w4sl' Sri7.2Z fecC .Eor Che no�l'IiensC vid l�c�;innin�; puinC nC Lease
Sice 10, the coordio.�tes of said beginning point are X=2,OG'S,158.74,..Y=418,117.00;
T1IENCE: Soutli no degrees 28 minuCes 39 seconds west 280.0 feet to a poin�;
TiIENCC: Nor[h 89 degrees ]1 minuCes 21 seconds.ves[ 180.Q Eee[ Co a point;'
THENCL•: South 45 degrees 15 minutes �9 seconds ves[ 81.39 Feet to a point;
T'{E�iCC: Nortli 41 degrees 44 minuces 21 seconds west 57.23 fee[ to the most southerly
corner of Lease Site No. 11; �
TiICNCL: Nor[li 48 dc�rees 15 minu[es 39 seconds east along Clte easterly liiie oE I.case
51te No. •11, 37.08 feet to a point;'
TIILNCL: Nor[I1 1. derrce 19 minutes J9 seconds east eontinuin� vi tl� tlic e;�s[ line of
l.c�sc SiCc No. 11, ]07.9 EceC Co Che nortl�cast corner oE l.c�sc SiCc Nu. 11;
T11t:NCl°.: 5ouCh �t0 Jr�rer.s 12 iiiLnutes 21 secnnds east 250.0 feet co tlie place ol beginnin�G
and conL•ainin•p 77,771.92 squ�re [cet of laitd more or leas.
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City of �'ort T�o�th, Texas
Mayor ancl Council Communication
DAT� REFERENCE NUMBER LOG NAME PAGE
12/17/02 **C-19391 55AGREE 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) ather 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 andJor 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.
City of ' �'o�i T�o�th, 7'exas
Ma�or ancl Co�ncil Co�ninunication
DATE REFERENCE NUMBER L.OG NAME PAGE
12/17/02 *�`C-19391 55AGREE 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:
I FUND I ACCOUPIT I
I (to)
CENTER I AMOUNT CITY SECRETARY
Marc Ott
Originating Department Head:
Bridgette Garrett (Acting)
Additional Information Contact:
Peter Vaky
8476
5403 (from)
7601 �
APPROVED 12/17/02