HomeMy WebLinkAbout025473 - General - Contract - Sandpiper Airport Inn, Inc. and Woody Woodard Family Partnership, Ltd. dba Texas Aviation ServicesCITY SECRETARY
CONTRACT NO . � �'� ��
CONSENT TO ASSIGNMENT OF
CITY SECRETARY CONTRACT NO. 25211,
(GROUND LEASE AGREEMENT)
This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO.
25211 ("Consent") is made and entered into by and between the CITY OF FORT WORTH
("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas
and acting by and through Ramon Guaj ardo, its duly authorized Assistant City Manager;
SANDPIPER AIRPORT INN, INC., a Texas corporation ("Assignor" or "Lessee") acting by
and through Don Hansen, its duly authorized President; and WOODY WOODARD FAMILY
PARTNERSHIP, LTD. d/b/a TEXAS AVIATION SERVICES ("Assignee"), acting by and
through Carl D. Woodard, its duly authorized Trustee.
The following introductory provisions are true and correct and form the basis of this
Consent.
A. On or about September 8, 1999, Lessor and Assignor entered into a Ground Lease
Agreement ("Lease") for the lease and use of the Hangar 2-S lease site ("Premises") located at
Fort Worth Meacham International Airport ("Airport") and specifically identified in the Lease,
which is a public document on file in the City's City Secretary's Office and identified as City
Secretary Contract No. 25211.
B. On or about December 2 2� , 1999 Assignor and Assignee entered into an
agreement under which, among other things, Assignor agreed to assign all of Lessee's right, title
and interest in the Premises under the Lease to Assignee (the "Assignment"). Under Section 15
of the Lease, the Assignment is subject to the approval of the Lessor's City Council. Lessor is
willing to consent to such assignment pursuant to the provisions and conditions of the Lease and
this Consent.
NOW, THEREFORE, Lessor, Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest in the Premises granted to Lessee by the Lease. The Lease is incorporated herein by
reference for all purposes. The Assignment is attached hereto as Exhibit "A".
2. The City 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 Assignment and the Lease, the Lease shall control as to all matters
concerning the Lease, this Consent or the parties' operations at the Airport.
3. The City consents to the Assignment expressly upon the promise and covenant by
Assignee that Assignee will faithfully perform, as an independent contractor, all duties and
obligations of Lessee set forth in the Lease. Assignor understands and agrees that it will remain
Consent to Assignment of CSC No. 25211
to Woody Woodard Family Partnership, LTD, dba
Texas Aviation Services
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liable to the City for performance by Assignee of all duties and obligations of Lessee set forth in
the Lease.
4. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Consent in multiples
this 23� day of ��e �e��� �-,��' , 1999.
CITY OF FORT WORTH:
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Ramon Guajardo ' ��� Glori � Pearson
Assistant City Manager � City Secretary
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
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Peter Vaky
Assistant City Attorney
1Vi&cC: c-�%%�D /2�/h�-99
SANDPIPER AIRPORT INN, INC.,
a Texas corporation:
ATTEST:
By: �,_
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Don
President
WOODY WOODARD FAMILY
PARNTERSHIP, LTD. d/b/a
TEXAS AVIATION SERVICES:
By, �z=R��'-C.%i`z2����!/
Carl D. Woodard
Trustee
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By; Uc= rt1 �' � �l�SP�
ATTEST:
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Consent to Assignment of CSC No. 25211
to Woody Woodard Family Partnership, LTD, dba
Texas Aviation Services
STATE OF TEXAS
COUNTY OF TARR.ANT
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BEFORE NIE, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Ram6n Guajardo, 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 v23'� day
,.�.P,R�Gn��(,c�Pi� , 1999.
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v State of Texas Notary Public in and for the State of Texas
��oF'��e Comm. Exp. 03-31-2001
STATE OF TEXAS
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Don Hansen; known to me to be the person whose name is subscribed to the
foregoing instntment, and aclrnowledged to me that the same was the act of 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 �,,� day
,(�,¢��,��,.,�., , 1999.
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��.�! � JUDY C. NICKISON
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No Publ� in and for the State of Texas
Consent to Assignment of CSC No. 25211
to Woody Woodard Family Parinership, LTD, dba
Texas Aviation Services
STATE OF TEXAS §
COUNTY OF TARR.ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Carl D. Woodard, 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
Woody Woodard Family Partnership, Ltd. dlb/a Texas Aviation Services and that he executed
the same as the act of Woody Woodard Family Partnership, Ltd. d/b/a Texas Aviation Services
for the purposes and consideration therein expressed and in the capacity therein stated.
G EN UNDER MY HAND AND SEAL OF OFFICE this „'� oZ day
,(�,p,r���� , , 1999.
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�;"►*��;"�� JUDY C. NICKISON Nota� Publi� and for the State of Texas
r+ ���' NOTARY PUBLIC
�3;•��.` STATE OF TEXAS
'�%� �;,a�` AM COMM. ExP. 10-25-2003
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Consent to Assignment of CSC No. 25211
to Woody Woodard Family Partnership, LTD, dba
Texas Aviation Services
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Exlni bi �
GENERAL WARRANTY
ASSIGNMENT OF FIXED BASE OPERATOR LEASE.
THE STATE O� TEXAS
COUNTY 4F TARRANT
�
{ KNOW ALL MEN BY THESE PRESENTS:
{
That, The Sandpiper Airport Inn, Inc.a Texas corporation ("Assi�,mor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) cash and other good and
valuable consideration to Assignor paid by Woody Woodard Family Partnership LTD,
whose mailing address is 390] N. Main Street, Fort Worth, Texas 7b106
("Assignee") the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD, TRANSFER.RED, ASSIGNED, CONVEYED, and
DELIVERED, and by these presents does GRANT, SELL, TRANSFER, ASSIGN,
CONVEY, and DELIVER unto Assignee all its right, title and interest in and to that
certain Fixed Based Operator Lease, under City Secretary Contract No. 2521 l, attached
hereto as Exhibit "A" and made a part hereof ("Lease"), dated September 8, 1999,
executed by and between the City of Fact Wo�th, a municipal corporation, as lessor, and
Assi�,mor, as lessee, and all rights, privileges, and appurtenances related thereto.
Assignor, for itself, its legal representatives, successors and assigns, hereby
warrants, represents, and covenants to Assignee as follows:
Page 1 of4
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(a} Assignor is the present and lawful owner of the lessee's interest in the Lease,
and Assignor has not assigned, transferred, or encumbered any of its right,
title, or interest in, to, and under the Lease, (by any collateral assignment,
pled�e, or other lien or encumbrance) to any person or entity other than
Assignee;
(b) Assi�mor has the full right, power and authority to execute and deliver this
Assi�mment, and no other person or entity has any right, title, or interest in, to,
or under the 1.ease; and
(c) This Assignment has been duly authorized, executed, and delivered by
Assi�nor and constitutes 'sts legal, valid, and binding obligation enforceable in
accordance with its terms.
�'his Assignment, and the conditions, terrns, provisions, representatians, and
covenants contained herein, shall apply to, inure to the beneftt of, and be binding upon
the successors, executors, administrators, legal representatives, and assigns of the parties
hereto.
T4 HAVE AND TO HOLD the Lease unto Assignee, tagether with all and
singular the rights, privileges, and appurtenances thereunto and in anywise belonging
unto Assignee, its legal representatives, successors and assigns forever, and Assignor
does hereby bind itself, its legal representatives, successors, and assi�,ms to WARRANT
AND FOREVER DEFEND ali and singular the title to the Lease unto Assignee, its legal
representatives, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Pa�e Z of 4
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WITNESS THE EXECUTION HEREOF as of the ��day of ��� , 1999.
Sandpiper Airport Inn, inc.
A Texas Corporation
By:
Don E. Hansen
Title: President
"Assignor"
ACCEPTED AND AGREED T0:
Woody Woodazd Family Partnership LTD.
Carl D. Woodard, Trustee
B : ��'�.�Gc�,o�G�
Y
"Assignee" �
Pa�e 3 of 4
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THE STATE OF TEXAS
COUNTY OF TARRA.NT
This instrument was acknowledge before me on the o7 e2� day of
December, 1999 by Don E. Hansen, of Sandpiper Airport Inn, Inc. a Texas
Corporation, on behalf of said corporation.
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tary Pu�ic i� and for �
the" .�,�._
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,�,.*. ��, JUOY C. NICKISON
��� f Nor�urr Pue�+c
� STATE OF TEXAS
''ryn,,,� IIAv Co�AM. ExP. 10-25-Z003
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Notary s ype or nntet� ame
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the �2d2 day of
December, 1999 by Woody Woociard, of Woody Woodard Family Partnership LTD.
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N Pu�% in and for
the State of Texas
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Notary s ype an nn ...,
My Commission Expires
Page 4 of 4
City of Fo�t Worth,� Texas
t1✓I��yar And C„aurnc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME ' PAGE
12/14/99 C-17780 , 55SAND 1 of 2
SUBJECT CONSENT TO ASSIGNMENT OF CITY SECRETARY ONTRACT NO. 25211 BY
SANDPIPER AIRPORT INN, INC. TO TEXAS AVIONICS, INC. D/B/A TEXAS AVIATION
SERVICES°AND CONSENT TO DEEd OF TRUST UEN, ASSIGNMENT AND SECURITY
AGREEMENT BY AND BETWEEN WOC3DY �VVOODARD FAMILY PARTNERSHIP, LTD.,
D/B/A TEXAS AVIATION SERVICES AND MERCANTILE �ANK TEXAS
�
$�COMMENDATION:
It is recommended that the City Council: '
1. Authorize the City Manager to execute an agreement consenting to the assignment by Sandpiper
Airport Inn, lnc. (Sandpiper) of its right, title and interest in the Hangar 2-S lease site (Leased
Premises) at Fort Worth Meacham international Airport (Airport) to Woody Woodard Famiiy
Partnership, Ltd., d/b/a Texas Aviation Services (Texas Avionics); and
2. Authorize the City Manager to execute an agreement consenting to a deed of trust lien on and
security interest in the Leased Premises between Texas Avionics and Mercantile Bank Texas (the
Bank).
DISCUSSION: . ' , . , �
Sandpiper and Texas Avionics are long-term tenants at the Airport. Under City Secretary Contract No.
25211 (Lease), Sandpiper leases the Hangar 2-S lease site from the City. Sandpiper has agreed to
assign all of its rights, title and interest in the Leased Premises to Texas Avionics. Pursuant to the
Lease, this assignment requires the City Council's approval.
� 4
Once the Lease has been assigned to Texas Avionics, Texas Avionics intends to`�construct and i'nstall
improvements on the Premises. In order to secure financing for these improvements, Texas Avionics
requests that the City consent to its execution of a Deed of Trust Lien and Security Agreement with the
Bank. The Deed of Trust Lien will allow the Bank the right to cure any default by Texas Avionics and, if
the City terminates the Lease, the right to operate as the lessee or to secure another tenant, subject to
the City Council's approval. ,
These types of transactions are routinely agreed to by large airport operators and wi�l not negatively
affect the opetations of business at the Airport or negatively impact the City. _:_ _. __. -_. -�.;
This property is located in �OUNCIL DISTRICT 2
, . . � :� . o
`
City of Fo�t Worth, �"exas
�►���ar And C,.aunc�l Cammun�cc�t�an
DATE REFERENCE N�JMBER LOG NAME PAGE
12/14/99 C-17780 55SAND l 2 of 2
SUBJECT CONSENT TO ASSIGNM� T� OF �ITY SECRETARY CONTRACT NO. 25211 BY
SANDPIPER AIRPORT INN; INC. TO TEXAS AVIONICS, INC. D/B/A TEXAS AVIATION
SERVICES AND CONSENT TO DEED OF TRUST LIEN, ASSIGNMENT AND SECURITY
- AGREEMENT BY AND BETWEEN WOODY WOODARD" FAMILY PARTNERSHIP, LTb.,
D/B/A TEXAS AVIATION SERVICES AND MERCANTILE BANK TEXAS
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that these actions will have no material effect on City funds.
RG:k
� FUND � ACCOUNT �
� (to)
�
�
SubmItted for City Manager's
Office by:
Ramon Guajardo G140
Originating Department Head:
Lisa A. Pyles
Additional Information Contact:
5400
�
CENTER I AMOUNT � CITY SECRETARY
� DD�O D
(from)
Lisa A. Pyles 5400 �
City of Fort` Worth, Texas
�1►�Ayar At1d Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME I PAGE
12/14/99 C-17780 55SAND 1 of 2
SUBJECT CONSENT TO ASSIGNME OF CITY SECRETARY CONTRACT NO. 25211 BY
SANDPIPER AIRPORT INN, INC. TO TEXAS AVIONICS, INC. D/B/A TEXAS AVIATION
SERVICES AND CONSENT TO DEED OF TRUST LIEN, ASSIGNMENT AND SECURITY
AGREEMENT BY AND BETWEEN WOODY WOODARD FAMILY PARTNERSHIP, LTD.,
D/B/A TEXAS AVIATION SERVICES AND MERCANTILE BANK TEXAS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement consenting to the assignment by Sandpiper
Airport Inn, Inc. (Sandpiper) of its right, title and interest in the Hangar 2-S lease site (Leased
Premises) at Fort Worth Meacham International Airport (Airport) to Woody Woodard Family
Partnership, Ltd., d/b/a Texas Aviation Services (Texas Avionics); and
2. Authorize the City
security interest in
Bank).
DISCUSSION:
Manager to execute an agreement consenting to a deed of trust lien on and
the Leased Premises between Texas Avionics and Mercantile Bank Texas (the
Sandpiper and Texas Avionics are long-term tenants at the Airport. Under City Secretary Contract No.
25211 (Lease), Sandpiper leases the Hangar 2-S lease site from the City. Sandpiper has agreed to
assign all of its rights, title and interest in the Leased Premises to Texas Avionics. Pursuant to the
Lease, this assignment requires the City Council's approval.
Once the Lease has been assigned to Texas Avionics, Texas Avionics intends to construct and install
improvements on the Premises. In order to secure financing for these improvements, Texas Avionics
requests that the City consent to its execution of a Deed of Trust Lien and Security Agreement with the
Bank. The Deed of Trust Lien will allow the Bank the right to cure any default by Texas Avionics and, if
the City terminates the Lease, the right to operate as the lessee or to secure another tenant, subject to
the City Council's approval.
These types of transactions are routinely agreed to by large airport operators and will not negatively
affect the operations of business at the Airport or negatively impact the City.
This property is located in COUNCIL DISTRICT 2.
�City of Fo�t Wo�th, Texas
�l�Ayar Artd C,aunc�l C,amr»un�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE 1
12/14/99 C-17780 55SAND � 2 of 2
SUBJECT CONSENT TO ASSIGNME T O� CITY SECRETARY CONTRACT NO. 25211 BY
SANDPIPER AIRPORT I�JN, INC. TO TEXAS AVIONICS, INC. D/B/A TEXAS AVIATION
SERVICES AND CONSENT TO DEED OF TRUST LIEN, ASSIGNMENT AND SECURITY
AGREEMENT° BY AND BETWEEN WOODY WOODARD FAMILY PARTNERSHIP, LTD.,
DIB/A TEXAS AVIATION SERVICES AN[� MERCANTILE BANK TEXAS
FISCAL INFORMATION/CERTIFICATION:
The �inance Director certifies that these actions will have no material effect on City funds.
��
�
0
Submitted for City Manager's
Office by:
Ramon Guajardo G140
Originating Department Head:
Lisa A. Pyles
Additional Information Contact:
5400
Lisa A. Pyles 5400
FUND � ACCOUNT I CENTER � AMOUNT
(to)
(from)
CITY SECRETARY .
AppROVED
c�TY couNc�L
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City Searetary �f the
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