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HomeMy WebLinkAboutContract 13160-A3 CITY CONTRACTNO.SECRETARYI ' J AMENDMENT NO. 3 TO CITY SECRETARY CONTRACT NO. 13160 AS PREVIOUSLY AMENDED AND ASSIGNED GROUND LEASE AGREEMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT (HANGAR 10S-A) 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 ZIA CAPITAL,INC. ("Lessee"), a Texas company. RECITALS . The following statements are true and correct and form the basis of this Agreement. WHEREAS, Lessor and Barrett-Conatser Hangar Joint Venture ("Previous Lessee"), previously entered into City Secretary Contract ("CSC") No. 13160, as amended by CSC No. 19263 and assigned by CSC No. 13360, a lease and use of real property known as Lease Site 10S-A and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport("Airport"). WHEREAS, Lessor subsequently consented to the Assignment of the Lease by the Previous Lessee to Lessee, via CSC No. 25932. CSC Nos. 13160, 19263, 13360 and 25932 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 initial term of the Lease is for 30 years, terminating on June 30, 2013. The parties wish to add two five-year Renewal Options to provide the Lessee a total potential lease term of forty(40)years. WHEREAS, due to the investment and improvements proposed for this Lease, the Lessee has requested, and Lessor has agreed to continue to lease the property to Lessee at the unimproved ground rate. WHEREAS, CSC-13160-A2 amended the square footage of Leased Premises from 23,689 square feet of ground to 18,31.9 square feet of ground that was not deemed necessary for Lessee's business purposes. WHEREAS, due to the investment and improvements completed for this Lease, the Lessee has requested, and Lessor has agreed to continue to lease the property to Lessee at the current ground rate. OFFICIAL RECORD Fort Worth Meacham International Airport CITY SECRETARY Zia Capital,Inc. Amendment No.3 to CSC No. 13160 FTS �1RTH TX Page I of 5 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 renewed and extended for a first renewal term of five (5) years, commencing on July 1, 2018 and expiring on June 30,2023. 2. In accordance with the established Schedule of Rates and Charges, this lease site of 18,319 square feet at a rate of$0.2745 per square foot will generate revenue of$5,028.57 per year or$419.05 monthly. 3. 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. Fort Worth Meacham International Airport Zia Capital,Inc. Amendment No.3 to CSC No. 13160 Page 2 of 4 IN WITNES WHEREOF,the parties hereto have executed this Agreement in multiples on this them--day of 2018. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: 9113118 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 /,S k4- day 2018. TRIKINYA L. JOHNSON Notary Public,State of Texas Comm.Expires 04-17-2022 :� Notary ID 1238832-0 Notary ubl' and for the State of Texas fillAPPROVED AS TO FORM ATTEST: AND %geban Y: AR0 00 NL'ba�� B . oBy. Pae y' ary J. r, ty3 `.� Assistant City Attorney V' _ M&C: Not Required Fort Worth Meacham International Airport OFFICIAL RECORD Zia Capital,Inc. CITY SECRETARY Amendment No.3 to CSC No. 13160 Page 3 of 4 FT.WORTH,TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract ' cluding ensuring all performance and reporting requirements. Le in Coordinator: / °- Print Name: LESSEE: ZIA CAPITAL, INC.: ATTEST: By: LGGi By: Dan E. Bruhl, President 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 Dan E. Bruhl, 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 Zia Capital, Inc. and that s/he executed the same as the act of Zia Capital, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day 2018. CRISTINA MACIAS _ul, G0_Notary Public, State of Texas S ' Comm. Expires 02-22-2022 Notary ID 131462371 Notary Public in and for the State of Texas Fort Worth Meacham International Airport Zia Capital,Inc. Amendment No.3 to CSC No. 13160 OFFICIAL RECORD Page 4 of 4 CITY SECRETARY FT.WORTHI TX