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Home My WebLink AboutContract 29762 04-09-c pol :47 RCVr CITY SECRETARY � CONTRACT NO. CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 9749, AS PREVIOUSLY AMENDED AND ASSIGNED (FIXED BASE OPERATOR LEASE AGREEMENT) This CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 9749, 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; DON DAVIS D/B/A DON DAVIS INVESTMENTS ("Assignor" or "Lessee"), a Texas business entity; and REED W. PIGMAN,JR.,("Assignee") an individual. The following introductory provisions are true and correct and form the basis of this Consent: A. Lessor and Marshall Young Oil Company previously entered into City Secretary Contract ("CSC") No. 9749, a lease of real property at Fort Worth Meacham International Airport ("Airport")known as the Hangar 18-N lease site("Leased Premises"). B. Lessor and Marshall Young Oil Company amended CSC No. 9749 through CSC No. 12088 (collectively, the "Lease"). The Lease is a public document on file in Lessor's City Secretary's Office. C. Lessor consented to an Assignment of the Lease by Marshall Young Oil Company pursuant to CSC No. 21408. D. 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 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 the last date that Lessor, Assignor and Assignee have executed this Consent ("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. 0 IA11C0�� CAS � �� ' Consent to Assignment of CSC No. 9749,as previously amended and assigned, qy Marshall Young Oil Co.to Don Davis Investments Daae 1 3. Lessor consents to the Assignment expressly upon the promise and covenant by Assignee, and Assignee hereby promises and covenants to Lessor, that as of the Effective Date 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 of 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. [SIGNATURE PAGES FOLLOW] Consent to Assignment of CSC No. 9749,as previously amended and assigned, TZ by Marshall Young Oil Co.to Don Davis InvestmentsPa�?e 2 CT rFT WOATTEST: By: By: G•ud J , Assistant City Maeager al'L ,City ecretary Date: q - 1-0' '�/J APPROVED AS TO FORM AND LEGALITY: By: AGIP Assistan ity Atto ey M&C: C-19503 03-04-03 DON DAVIS DB/A, DON DAVIS INVEST NTS: By: Don Davis Date: 31,31 / R7eed 2an*-4r B . Date: v v Consent to Assignment of CSC No. 9749,as previously amended and assigned, W t. by Marshall Young Oil Co. to Don Davis Investments Page 3 —- 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day C�Qh�Q 12004. HETTIE LANE Notary Public in and for the State of Texas MY COMMISSION EXPIRES. July 26,2007 1 Elc*: i;i�� - 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 Davis, 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 Don Davis Investments and that he executed the same as the act of Don Davis Investments, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day 72004. CG' Y•PUOi�� LISALEWIS Notary Public In and for the State of Texas O: .Z: •:: isotary Public,St :?e ct Texas ±Nj•.1.111 ,•to ,T.••.,S�t�,F.4y Comn'issian Expires 01-14-06 Consent to Assignment of CSC No. 9749,as previously amended and assigned, by Marshall Young Oil Co. to Don Davis Investments Paye 4 STATE OF TEXAS § COUNTY OF 7R,e,,17- § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed W. Pigman, Jr., 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 Reed W. Pigman,Jr.,and that he executed the same as the act of the Reed W. Pigman,Jr.,for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL, OF OFFICE this P day 2004. a� Notary Public in and for the State of Texas W y.=:&a kift M itCon _a lit- Consent sent to Assignment of CSC No. 9749,as previously amended and assigned, 11h by Marshall Young Oil Co. to Don Davis Investments.F{ Page 5 City of Fort Worth, Texas "agor And cou"cit Communication DATE REFERENCE NUMBER I LOG NAME PAGE 3/4/03 **C-19503 I 55PIGMAN I 1 of 1 SUBJECT CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 9749, A LEASE OF LEASE SITE 18N AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT, BY DON DAVIS INVESTMENTS TO REED W. PIGMAN, JR. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a written consent to an assignment by Don Davis, d/b/a Don Davis Investments of all leasehold interests in lease site 18N at Fort Worth Meacham International Airport (Airport) to Reed W. Pigman, Jr. DISCUSSION: The City previously executed a lease agreement with Marshall R. Young Oil Company under City Secretary Contract (CSC) No. 9749, as amended, which was subsequently assigned to Don Davis Investments under CSC No. 21408, with the consent of the City. Don Davis Investments has entered into a purchase and sale agreement under which Don Davis Investments has agreed to sell all of its rights, titles and interests in Airport lease site 18N, as provided by its lease, to Reed W. Pigman, Jr. The proposed consent agreement with the City calls for Reed W. Pigman, Jr. to assume all Don Davis Investments' duties and obligations under this lease. Don Davis Investments' lease prohibits assignments to third parties without the City's written consent. Section 2-9 of the City Code requires advance City Council approval before the City Manager may accept or execute any legal instrument for the lease of City property for a period in excess of thirty days. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MO:r Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: I Bridgette Garrett(Acting) 5403 (from) APPROVED 3/4/03 Additional Information Contact: Luis Elguezabal 5401 Your search found 1 records. Here are the results: All of the records related to M&C # are detailed below: Kef'erence Date Type Subject Action CONSENT TO ASSIGNMENT OF CITY SECRETARY CONTRACT NO. 9749, A LEASE OF LEASE SITE 18N AT C_19503 3/4/2003 MC FORT WORTH MEACHAM INTERNATIONAL AIRPORT, Approved BY DON DAVIS INVESTMENTS TO REED W. PIGMAN, JR. Click here to specie a different search