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LEASE TERNIINATYON AGREEMENT
(CITY SECRETARY CONTR�CT NO. �89�)
This LEASE TERMINAT�ON AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("I�essor"), a home rule
muzuczpal corporation organized under the laws af the State of Texas, acting by and
through Marc Ott, its duly au#horized Assistant Ciiy Manager, a�ad SA1V'DPTPER
AIRPORT INN, INC. ("Lessee"}, a Texas corporation ac�ing by and through Don
Han.sen, its duly au�horized President.
Rec�tals
The following statements are true and coz7rect and form the basis upan which ihe
parties have entered in�o this Agreement: -
A. On September 8, 1999, Lessor a�d Lessee entered inta City Secretary Con�ract
{��CSC") No. 25211 {the ��New Lease"), a lease uf real property at Fort Worth Meacham
International Airport ("Airport") known as Lease Site 2-S. This praperty was the
arnalgamation of vario�s tracts o� Iand that had previously been leased by Lesse�;, or
various assignors ta or assignees of, Lessee. The parties commissioned a new survey of
thase various t�acts and those various tracts were collectively referred ta as Lease Site 2-
� in that survey.
B. One of �h� inteniions of the parties in entering into the New Lease was to
terminat� thc previous leases af the various tracts af tand compr€si.ng Lease Sit� 2-S so
that a�l those tracts would be governed by one sirigle, unifarm lease. As a resu�t, Section
1 af the Ne�v Lease provided that CSC No. 8481, as amended by C�C Nos. 1 I078, 13196
and 17323, and assign�d by CSC No. 18968, would simultaneously be texminated upon
execu�io� of CSC No. 25211.
C. Lessor and Lessee previously enterec� into CSC No. $892, as amended by CSC
No. 17324 and assigned pursuani to CSC No. 1$9�8, a lease of real proper�y at the
Airport lrnown at the �itne a,s Lease Site 4-S. This property was included in the new
survey o� Lea.se Site 2-� and was Ieased to Lessee under the New Lease. However, the
New Lease did not provide for termination of CSC No. 8892, as axnended a,�d assigned,
as it should have. In arder to correct this error, the parties wish to acknowledge
t�rmination af CSC No. 8892, as amended and assigned, in accordance wiih the terms
and canditzons of tlus Agreement.
D. Lessee previously assigned all of its right, title and interest in Lease Site 2-S, as
leased under #he New Lease and including khe tract originally leased by Lessee und�r
CSC No. 8892, as am�nded and assigned, to Woody Woodard Family Partnership, Ltd.
dfb/a Texas Aviation Services. Lessor consented to such assigz�n�±_�����nt �� C���'
Na. 25473. �
Page 1
Ternvnation Agreement re: CSC No. 8$42
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A�reement
� NOW, TH�REFORE, in consideraiion o£ the mutual covenants, promises and
obligations conta�ned herein, the pat�ies ag�ree as follows:
1. CSC No. 8892, as amended a�d assigned, is hereby terminated effective
September 8, 1999, which was �he effective date af the New Lease. However, such
tezm�i�n.ation shall nof constitute (i) a release by on� party o£ any liability accruing ar
obligation to indemnify un.der CSC No.- 8892, as amende� and assigned, or {ii) a waaver
of one party to enfoxc� any unper£oxmed duties or obligations of th� other unde�r C5C No.
8892, as amended and assigned. Ariicle VI.B af C�C Na. $892 shall specifically survive
tertnination.
�. Lessor and Lessee understand and agree ihat Lessee's a�signment of al.l its right,
iitie and interest in Lease Site 2-S to Woody Woodard Family Parhlership, Ltd. d/b/a
Texas Aviation Services is valid, in effect and shall not be affected by this Agreement.
I�T W�TNESS WFIEREUF, the parties hereto have executed this Agreeinent in
mul�iples as of #he last da#e set forth below, but ta be ef�ec�ive as of Sept�mber 8, 1999:
CITY OF FORT WORTH:
By:
Marc Oti
Assistant City anager
Date: %�/�,� �i,�-
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ATTES�
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By: W �.� � � 1.,
loria Pear,�rin
� Ci�y Secr�tary
APPROVED AS TO �ORM AND LEGAL�TY:
By: ' -�-- �-
Peter Vaky " '
Assistant City Attorney
M&C:,.�! �„ � . : _�� -� �
SANDPIPER AIRPORT INN, INC,
a Texas carporatian:
ATTEST:
�'age 2
Terininatzon Agreement re: CSC No. 8892
_.. � _ _,.,,
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By: , � _ '
Don E. Hansen
President /
,�26�
Date:
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'�TATE OF TEXAS �
,
CC��TNTY OF TARRANT
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�EFORE ME, the undersign�d authority, a Notary Public in an�,�Ox the State of
Texas, oi� this day personally appearec�Marc Ot�,l�own to me to be the�ersan whose
name i.s su'l�scribed to the for�going inst�iment, and acl�owledged to me th�t the same was
the act of tha�City of Fort Worih and tha'�he ex�cuted the same as the act o�he City of
Fort Worth f%r the p�xrpases and consider�on therein expressed and in the ca�acity therein
stated. ` `
�
G1VEN UI�7ER MY HAND AND SE� �F OFFICE this o� ( s,`�-�` day of
l�Q �A� � , 2Q�2. .
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- � h - Notary �blic.ian and far ih�; State af Texas
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'�TATE OF TEXAS
CO��IVTY OF �TARRAN'it § �
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�EFORE ME, the un si�ned authority, a Notary Pub�in and for the State of
Texas, o this day personall� a eared Don E. Hausen, l�own t rne to be the person
whase nam� is subscribed ta the regoing irLstrument, and acic�ow�ged to me that tk�e
same was th�act ofthe Sandpiper",�iirport Ynn, Inc. and fhat he ex ut�d the same as the
act of Sandprp�r A�irport Inn, Inc. �pr �Iie purposes and consideratio� thexein expressed
and in the capac�y therein stated. ` '
, . '
GNEN UN�ER MY HAND Al� SEAL OF OFF�CE �his � day of
. , 2002. �
Page 3
Tezxrzivation Agreernent re: CSC No.'�892
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STATE OF TEXAS §
COLTNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the Stat� flf
Texas, on tY�is day personally appeared 1Vlarc Ott, known to me to be tl�e person whose
name is subscribed to the foregoing instru�ment, and acknawledged to me that the same was
the act af ihe City of Fort Wort� and that he executied the same as the act of the City of
Fort Worth for the pu�pos�s and consideration therein expressed and in �ie capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
, 2�Q2.
STATE OF TEXAS
COUNTY OF TARRANT
�
0
day of
NataryPublic in and for ihe State o£Texas
BEFORE ME, the und�rsigned authority, a Notary Public in and for th� �ta�e af
Texas, an this day p.ersanally appeared Don E. Hansen, knawn to me to be the person
vc+hase nam� is subscribed to the foregoing instrument, and acknowledged to me that the
same was ti�e act of the Sandpiper Airport Inn, Inc. and that he executed the same as the
act of Sandpiper Airport Inn, Ine. for the purposes and consideration therein �xpressed
and in the capacity therein stated.
GNEN LJNDER MY HAND AND SEAL OF OFFICE this ��- day of
�c p rn.� , 2002.
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Natary Public in and for the State of Texas
Termination Agreement re: CSC No. $892