HomeMy WebLinkAboutContract 46280-A1 CITY SECRETARY.
AMENDMENT NO. 1 CONTRACT N0. � �✓�"
CITY SECRETARY CONTRACT NO. 46280
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT
FBO SUITE
This AMENDMENT NO. 1 ("Agreement") 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, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and
FW AMERICAN AERO OPERATING COMPANY, LLC ("Lessee"), a Delaware limited liability
company, acting by and through Robert Agostino,its duly authorized Vice President.
RECITALS
WHEREAS,Lessor and Lessee entered into City Secretary Contract("CSC")No. 46280
("Lease"), a thirty year Administration Building Office Lease for the lease and use of real property
known as the FBO Suite and any improvements and facilities thereon ("Leased Premises") at Fort
Worth Meacham International Airport("Airport").
WHEREAS,the Lease contained two five year renewal options;
WHEREAS, the Leased Premises included certain real property in the Administration
Building at the Airport, identified as the FBO Suite and consisting of approximately 8,080 square feet;
WHEREAS, the Leased Premises also included the real property adjacent to the east side of
the Administration Building, at the Airport, consisting of approximately 12,240 square feet of ground
space for the use of dedicated Parking;
WHEREAS, the Lease Premises also included the real property adjacent to the west side of
the Administration Building at the Airport, consisting of approximately 125,000 square feet of ground
space;
WHEREAS, during the initial term of the Lease, Lessee agreed to pay Lessor as annual rent
for the Administration Building Office Space the sum of One Hundred Seventy Seven Thousand
Seven Hundred Sixty and no/100 Dollars ($177,760.00), payable in equal monthly installments of
Fourteen Thousand Eight Hundred Thirteen and 33/100 Dollars ($14,813.33);
WHEREAS, during the initial term of the Lease, Lessee agreed to pay Lessor as annual rent
for the Ground identified as Parking the sum of Three Thousand Nine Hundred Sixteen and 80/100
Dollars ($3,916.80), at a current rate of Thirty Two Cents ($0.32) per square foot, payable in equal
monthly installments of Three Hundred Twenty Six and 40/100 Dollars ($326.40);
WHEREAS, during the initial term of the Lease, Lessee agreed to pay Lessor as annual rent
for the Ground identified as Apron Space the sum of Forty Thousand and no/100 Dollars ($40,000.00),
at a current rate of Thirty Two Cents ($0.32) per square foot,payable in equal monthly installments of
Three Thousand Three Hundred Thirty Three and 34/100 Dollars ($3,333.34); and
WHEREAS, Lessor and Lessee wish to update the square footage of the Leased Premises,
originally identified in CSC No. 46280, to reflect an increase in the square footage of the Leased
Premises upon the completion of the Administration Building renovation.
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. Section 1.1. Administration Building is amended to read as follows:
Lessor demises and leases to Lessee, on an exclusive basis and for the purposes
described in Section 10.1, the real property in the Administration Building at the
Airport identified as the FBO Suite and consisting of approximately 8,372 square feet,
as depicted in Exhibit 11A-1 (Revised)", attached hereto and incorporated herein for all
purposes.
2. Section 1.2_Landside Parking is amended to read as follows:
Lessor demises and leases to Lessee, on an exclusive basis and for the purposes
described in Section 10.2, the real property adjacent to the east side of the
Administration Building at the Airport, of approximately 41,938 square feet of ground
space for the use of dedicated Landside Parking and Private Access Road, as depicted
in Exhibit "A-2 (Revised)", attached hereto and incorporated herein for all purposes.
3. Section 1.3. Apron Space is amended to read as follows:
Lessor demises and leases to Lessee, for the purposes described in Section 10.3, the
following real property adjacent to the west and northwest side of the Administration
Building at the Airport: approximately 235,909 square feet of ground space for use of
Aircraft Parking, as depicted in Exhibit "A-2 (Revised)" attached hereto and
incorporated herein for all purposes.
4. Section 4.1 Annual Rent is amended to read as follows:
Lessee shall commence the payment of rent, in accordance with this Section 4, on the
Effective Date. Lessee hereby promises and agrees to pay Lessor annual rent for the
Premises, delineated as follows:
Administration Building Office Space
During the Initial Term of this Lease, Lessee shall pay Lessor as annual rent for the
Administration Building Office Space the sum of One Hundred Eighty Four Thousand
One Hundred Eighty Four and no/100 Dollars ($184,184.00), payable in equal monthly
CFW Meacham Airport
FW American Aero Operating Company,LLC
Amendment No. 1 to CSC No.46280
Page 2 of 6
installments of Fifteen Thousand Three Hundred Forty Eight Dollars and 67/100
($15,348.67). The rental rates under this Lease are based on Lessor's published
Schedule of Rates and Charges in effect as of the Effective Date of this Lease. In the
event that this Lease commences on a day other than the first (1s) day of any given
month, the first month's rental payment shall be prorated in accordance with the
number of days remaining in that month. It is understood that the rent and rental
adjustments payable by Lessee herein shall be in accordance with the Lessor's
Schedule of Rates and Charges, as it may be amended from time to time.
Landside Parking and Private Access Road
Lessee shall commence the payment of rent for the "Ground" identified as Landside
Parking and Private Access Road on the Effective Date. Lessee hereby promises and
agrees to pay Lessor, as annual rent for the Ground-identified as Landside Parking and
Private Access Road, Thirteen Thousand Four Hundred Twenty Dollars and 82/100
($13,420.16), at a current rate of Thirty Two Cents ($0.32) per square foot, payable in
equal monthly installments of One Thousand One Hundred Eighteen Dollars and
35/100 ($1,118.35).
Aircraft Parking
Lessee shall commence the payment of rent for the Ground identified as Aircraft
Parking on the Effective Date. Lessee hereby promises and agrees to pay Lessor, as
annual rent for the Ground identified as Aircraft Parking, Seventy Five Thousand Four
Hundred Ninety Dollars and 88/100 ($75,490.88), at a current rate of Thirty Two Cents
($0.32) per square foot, payable in equal monthly installments of Six Thousand Two
Hundred Ninety Dollars and 91/100 ($6,290.91).
5. Exhibits "A-1" and "A-2" are hereby replaced with Exhibit "A-1 (Revised)" and
Exhibit 11A-2 (Revised)"
6. All other terms and conditions of the Lease shall remain in full force and effect.
7. 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.
8. 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
FW American Aero Operating Company,LLC
Amendment No. I to CSC No.46280
Page 3 of 6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this
the day of ,2017.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: 2132 7
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 UNDER MY HAND AND SEAL OF OFFICE this fin . day
�e 52017.
V17—
TRIKINYA L JOHNSON
Notary Public, state of Texas Notary Publ' in for the State of Texas
-2018
+, „ +��`• Comm. Expires 04.17
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Notary ID 1238832.0
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: By: a t
Paige Mebane /Mary J. Kayser, City Secret r
Assistant City Attorney
M&C: C-28095 �• ,
Approval Date: January 31,2017 i
Form 1295: 2016-147378
CFW Meacham Airport
FW American Aero Operating Company,LLC OFFICIAL RECORD
Amendment No.1 to CSC No.46280
Page 4 of 6 CITY SECRETARY
FT,WORTH TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract ' 1 g e Suring all performance and reporting requirements.
Nam of Employee
Title
LESSEE: ATTEST:
FW AMERICAN AERO OPERATING
COMPANY, LLC
By: By: Ll-j
Robert Agosti , Vice President
Date: /' lqo/�-
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 Robert Agostino, 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 FW AMERICAN
AERO OPERATING COMPANY, LLC and that s/he executed the same as the act of FW
AMERICAN AERO OPERATING COMPANY, LLC for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o day
2017.
11�
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\� c�•���ARY P(jel/sot 5
I tail Public in and for the State of Texas
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CFW Meacham Airport
FW American Aero Operating Company,LLC
Amendment No.r to CSC No.46280 OFFICIAL.RECORD
Page 5 of 6 CITY SECRETARY
FT.WORTH,TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/31/2017
DATE: Tuesday, January 31, 2017 REFERENCE NO.: **C-28095
LOG NAME: 55FTW AMERICANAERO AMEND01
SUBJECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 46280, a Fixed Base Operator
Lease Agreement with FW American Aero Operating Company, LLC, for Office Space in the Meacham
Administration Building and Parking Spaces in the Parking Area Adjacent to the Meacham Administration
Building at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 1 to City Secretary
Contract No. 46280, a Fixed Base Operator Lease Agreement with FW American Aero Operating
Company, LLC for office space in the Meacham Administration Building and parking spaces in the parking
area adjacent to the Meacham Administration Building at Fort Worth Meacham International Airport.
DISCUSSION:
On December 23, 2014, Mayor and Council Communication (M&C C-26494), the City Council authorized
City Secretary Contract (CSC) No.46280, an Fixed Base Operator (FBO) Lease Agreement with FW
American Aero Operating Company, LLC (American Aero) for the Administration Building FBO Suite at
Fort Worth Meacham International Airport. The Lease is a 30-year lease term with two five year renewal
options.
American Aero has occupied temporary facilities until completion of the newly renovated Meacham
Administration Building (formerly the Terminal Building). On or about January 6, 2017 the Meacham
Administration Building renovation project was substantially completed. A new survey was completed on
December 13, 2016 to amend the current square footage for the American Aero Leased Premises which
includes the new FBO Suite, new landside parking and revised aircraft parking.
American Aero will lease, on an exclusive basis, the real property in the Administration Building, at the
Airport, identified as the FBO Suite and consisting of approximately 8,372 square feet. American Aero will
pay annual rent for the Administration Building Office Space the sum of$184,184.00, payable in equal
monthly installments of$15,348.67.
American Aero will lease, on an exclusive basis, the real property adjacent to the east side of the
Administration Building, at the Airport, of approximately 41,938 square feet of ground space for the use of
dedicated Landside Parking and Private Access Road. American Aero will pay annual rent for the
"Ground" the sum of$13,420.16, at a current rate of$0.32 per square foot, payable in equal monthly
installments of$1,118.35.
American Aero will lease, on an exclusive basis, the real property adjacent to the west and northwest side
of the Administration Building, at the Airport, of approximately 235,909 square feet of ground space for
use of Aircraft Parking. American Aero will pay annual rent for the "Ground"the sum of$75,490.88, at a
current rate of thirty two Cents $0.32 per square foot, payable in equal monthly installments of$6,290.91.
Logname: 55FTW AMERICANAERO AMEND01 Page 1 of 2
All other terms and conditions of the Lease shall remain in full force and effect.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that the Aviation Department is responsible for the collection and deposit
of funds due to the City.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
1. Exhbit A-1 Floor Plan Revised.pdf (Public)
2. Exhibit A-2 Property Survey Revised.pdf (Public)
3. Form 1295 American Aero.pdf (Public)
4. FW American Aero FBO Lease Site.pdf (Public)
Logname: 55FTW AMERICANAERO AMEND01 Page 2 of 2
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CERTIFICATE OF INTERESTED PARTIES
FORM 129'J
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-147378
FW American Aero Operating Company, LLC
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/16/2016
being filed.
City of Fort Worth Department of Aviation Date7(5
ed:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Admind Bldg FBO Suite
Amendment No. 1 at Fort Worth Meacham Airport
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
r BRITTANY BERTSCHY
Notary Public
STATE OF TEXAS
My Comm.Exp.01-12-2017
OF
Signzdurauthorized agent of contracting business entity
vvvvvvvvvv
AFFIX NOTARY STAMP/SEAL ABOVE
Sw r to and subscribed before me,by the said QVVI i �/ this the��day of
20 ,to certify which,witness my hand and seal of office.
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Signature of oftir administering oathPrinted name o er administering oath Title of officer administerinNJ th
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