HomeMy WebLinkAboutContract 33803 CITY SECRETARY
CONTRACT NO.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
FORT WORTH, TEXAS 76193
Lease No. DTFA07-99-L-01067
Airport Traffic Control Tower(ATCT)
Alliance Airport, Fort Worth, Texas
SUPPLEMENTAL AGREEMENT NO. 2
THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of
2006, by and between CITY OF FORT WORTH, TEXAS, whose address is 1000
Throckm rton Street, Fort Worth, Texas 76102-6311, for itself, its successors and assigns,
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, represented by the
Federal Aviation Administration, hereinafter called the Government, WITNESSETH, That:
WHEREAS, on the 28th day of September 1998, the parties hereto entered into Lease No.
DTFA07-99-L-01067, as amended by Supplemental Agreement No. 1, dated December 18, 2003,
for the consideration and purposes more particularly stated in said lease, as amended; and,
WHEREAS,this lease expires by its terms on September 30, 2006, and the Government
has an operational requirement to continue its occupancy of the premises and extend the lease
term; and,
WHEREAS,the parties agree that, as of November 9, 2008,the Lessor's ATCT
construction cost referred to in Article 3(b)will be considered paid in full. Provided there is a
continuing need by the Government at that time, the parties will negotiate in good faith to enter
into a new succeeding lease agreement based on terms and conditions mutually agreeable to both
parties; and,
WHEREAS,the parties mutually agree to extend the term of the lease to November 9,
2008.
NOW THEREFORE, effective October 1, 2006,the parties mutually agree to amend the
basic lease in the following particular only, VIZ:
Article 5 of said lease is amended to extend the ending date of renewal options to
November 9, 2008.
ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and
except as amended hereinabove shall be and remain the same.
Supplemental Agreement No. 2
Lease No. DTFA07-99-L-01067
Airport Traffic Control Tower (ATCT)
Alliance Airport, Fort Worth, Texas
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the date
first above written.
CITYOF FORT WORTH UNITED STATES OF AMERICA
By: _ , �iL By: ?�
James M. Nelson
Title: Title: Contracting Officer
Marc A. Ott
!'.isistant City Manager
Attested By: Contract Authori zatioa
• �l
Date
n arty HendrLx
City Secretary
APPROVED AS TO
FORM AND L GALI T
ASSISTAN f CITY AT 0 NEY
ROD
2 i� Z'1_'_1fflAQ(9Y
Fy. r'1 x1t,"Ifl, 70K.
Supplemental Agreement No. 2
Lease No. DTFA07-99-L-01067
Airport Traffic Control Tower(ATCT)
Alliance Airport, Fort Worth, Texas
CERTIFICATE
I, , certify that I am the of the
City of Fort Worth, named in the foregoing agreement, that 2n dr=k_ Mi , who
signed said agreement on behalf of said City, was then
thereof,that said agreement was duly signed for and in behalf of said City by authority of
its governing body, and is within the scope of its powers.
Dated this 17* day of , 2006.
APPROVED AS TO
ORM A LEGALITY- r
As
TANT CITY AT NEY
(SEAL) ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared A. Douglas
Rademaker, Acting Assistant CitManager, of the City of Fort Worth, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same as the act and deed of the City of Fort Worth, a municipal
corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in
the capacity therein stated. 7f�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of
2006.
HETTIE LANE
R M►YCOMMISSIONEXPIRES. Notary'Public in and for the State of Tex
July 26,2007
3 F1. W6-�kyHI VL",�
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 55ALLIANCE ATCT REFERENCE NO.: **C-21555
SUBJECT:
Authorize Execution of Supplemental Agreement No. 2 to City Secretary Contract No. 19518 for
Lease Renewal of Airport Traffic Control Tower to the Federal Aviation Administration at Fort Worth
Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Supplemental Agreement
No. 2 to City Secretary Contract (CSC) No. 19518 for Lease Renewal of Airport Traffic Control Tower
(ATCT) to the Federal Aviation Administration (FAA) at Fort Worth Alliance Airport.
DISCUSSION:
On December 8, 1992, (M&C C-13639) City Council authorized the execution of CSC No. 19518, a lease
agreement with the FAA for the lease of the ATCT at Alliance Airport. The term of this agreement expired
on September 30, 1995.
On August 3, 1995, (M&C C-14937) City Council authorized the execution of CSC No. 21266, extending the
lease term of the ATCT agreement to the FAA at Alliance Airport. The term of this agreement was October
1, 1995, through September 30, 1998.
On July 14, 1998, (M&C L-12284) City Council authorized the execution of CSC No. 24257, a lease
agreement extending the term with the FAA for the ATCT at Alliance Airport. The term of this lease was
October 1, 1998, through September 30, 1999, subject to renewal rights annually through September 30,
2003, which were exercised.
On December 16, 2003, (M&C L-13717) City Council authorized the execution of Supplemental Agreement
No. 1 (CSC No. 29390) with the FAA for the ATCT at Alliance Airport. The term of this agreement
was effective October 1, 2003, and expires September 30, 2006.
On April 27, 2006, staff received a request from the FAA proposing that the ATCT at Alliance Airport lease
term be extended until November 9, 2008 under the current terms and conditions. In review of the lease
history of this facility, the FAA's rental payment has been tied to the original construction cost of the tower
plus the debt service paid by the City of Fort Worth to finance the construction. Based on a projection of
future rental amounts under this lease, the FAA will reach the total dollar amount necessary on November
9, 2008.
Fort Worth Alliance Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that this lease renewal will have no material effect on City funds at this time.
Logname: 55SPINKS RAMP Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: Mike Feeley (871-5403)
Additional Information Contact: Leah Jipp (871-5409)
Logname: 55SPINKS RAMP Page 2 of 2