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HomeMy WebLinkAboutContract 11628-A6 � [ CITY SECRETAKY AMENDMENT NO. 6 CONTRACT NO. CITY SECRETARY CONTRACT NO. 11628 SSA FORT WORTH MEACHAM INTERNATIONAL AIRPORT GROUND LEASE HANGAR 50S This RENEWAL AGREEMENT ("Lease") 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 JOHN J. JANOVETZ, d/b/a LONE STAR AERO ("Lessee"), a Texas company. RECITALS The following statements are true and correct and form the basis of this Agreement. WHEREAS, Lessor and Texas Aviation Engineering("Previous Lessee"),previously entered into City Secretary Contract ("CSC")No. 11628, a twenty-five year Unimproved Ground Lease for the lease and use of real property known as Hangar 50S Lease Site and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport("Airport"). WHEREAS, CSC No. 11628 contained two five year renewal options; WHEREAS, CSC No. 11628 was subsequently amended by CSC No. 33519 to extend the term for five years extending the lease termination date to December 31, 2011; WHEREAS, on September 20, 2007, Lessor subsequently consented to the Assignment of the Lease by the Previous Lessee to Lessee, by CSC No. 35823; WHEREAS, Lessor and Lessee amended the Lease, by CSC No. 35828, to increase the rental rates in accordance with the current established Aviation Department Schedule of Rates and Charges for similar property at the Airport. CSC Nos. 11628, 33519, 35823 and 35828 are hereinafter collectively referred to as the "Lease". The Lease is a public document on file in Lessor's City Secretary's Office; WHEREAS, the extended term of the Lease expired on December 31, 2011. The parties wish to add an additional five year option to provide the Lessee a total of forty (40) years; WHEREAS, due to the investment and improvements completed for this Lease, the Lessee has requested, and Lessor agreed to amend and renew the lease in CSC No. 11628-A5, executed on April 14, 2016; WHEREAS, Lessor and Lessee recognize that CSC- No. 11628-A5 inadvertently reflected the expiration date as December 31, 2021, instead of December 31, 2020, which erroneously gave Lessee a six-year term for the renewal option, thus offsetting the final five-year renewal and lease expiration that would not coincide with the agreed-upon forty(40) year term; and CFW Meacham Airport John J.Janovetz Amendment No.6 to CSC No. 11628 Page I of 4 EFTs L RECORD CRETARY RTH) TX WHEREAS, Lessor and Lessee wish to correct the dates listed in CSC No. 11628-A5 to reflect the correct term, expiring on December 31, 2020. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The Lease is hereby amended, and the parties agree that the final term of five (5) years shall commence on January 1, 2016 and expire on December 31, 2020. 2. All other terms and conditions of the Lease shall remain in full force and effect. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Agreement. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. All other provisions and conditions of the Lease that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. CFW Meacham Airport John J.Janovetz Amendment No.6 to CSC No. 11628 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the_Rk day of Lk LA 12016. CITY OF FORT WO TH: By: + Fernan o Cost Assistant City Manager Daterr 1 0 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 Fernando Costa, 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 DER MY HAND AND SEAL OF OFFICE this / day 12016. TRIKINYA L JOHNSON /) :Notary Public,State of Texas J, Comm. Expires 04-t 7-2018 Notary Public,&and f e State of Tex of tE�`� Notary ID 1238832-0 Iflllll` VV y ®W 0 APPROVED AS TO FORM ATTE AND L ITY: nn 8x I / By: By: g Paige Meban M J. Kayser, City Se Assi '4� NM&C QO C ,U,, IRRD M&C: CFW Meacham Airport John J.Janovetz Amendment No.6 to CSC No. 11628 Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LESSEE: ATTEST: John J. Janovetz By: By: Date: 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 John J. Janovetz, 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 John J. Janovetz and that s/he executed the same as the act of John J. Janovetz for the purposes and consideration therein expressed and in the capacity therein stated. 111L. GfVEX UNDER MY HAND AND SEAL OF OFFICE this � day 2016. ANNE-MARIE STOWE `�o4�ar rya'. _:• .''et Notary Public,state of Texas '=Comm.Expires 05-01-2018 Notary Public in and for the State of Texas Notary ID 45976-5 CFW Meacham Airport John J.Janovetz Amendment No.6 to CSC No. 1 1628 Page 4 of 4