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HomeMy WebLinkAboutContract 49047-T1 �_ a9 CITY SECRETARY > rQ CONTRACT NO. �G ~ti0�� N AGREEMENT TERMINATING LEASE V;� P�y FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 1N This AGREEMENT TERMINATING LEASE ("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 TEXAS JET, INC. ("Lessee"), a Texas Corporation, acting by and through REED PIGMAN, JR., its duly authorized President. RECITALS The following introductory provisions are true and correct and form the basis of this Agreement: WHEREAS,On May 9, 2017,the City and Texas Jet, Inc. entered into City Secretary Contract("CSC")No.49047("Agreement"), a 5-year Hangar and Ground Lease Agreement for the lease and use of real property known as IN and any improvements and facilities thereon ("Leased Premises"), at Fort Worth Meacham International Airport("Airport"). All defined terms used in this Agreement that are not otherwise defined herein shall have the meaning as set forth in the Lease. WHEREAS, the Leased Premises in the Agreement included 101,670 square feet of Ground Space and a 29,381 square foot hangar facility; WHEREAS, Hangar IN has exceeded its useful life and has become functionally obsolete. Lessee has requested permission to demolish the IN hangar and build two (2) new hangar facilities, approximately 30,000 square feet each. WHEREAS Lessee has requested to enter into a new Ground Lease,which will include Lease Site 1C, which replaces Lease Site 1N, and new Lease Site 2C. The square footage requested for 1 C is approximately 127,617 square feet of Ground Space and for Lease Site 2C, approximately 82,087 square feet of Ground Space; WHEREAS, Lessor and Lessee have decided to cancel and terminate CSC-49047 in accordance with section 14.6 of the Agreement and it is the intention of Lessor and Lessee to effect the cancellation of the Lease by this instrument. THEREFORE,in consideration of the covenants and agreements contained below,and of the release and surrender by Lessee of the Lease and all of its rights in it and all of its rights Agreement Terminating Lease Fort Worth Meacham International Airport Hangar and Ground Lease Agreement—Texas Jet, Inc. OFP1QA6f ECORD CITY SECRETARY FT. WORTH,TX in and to Premises,of the release by Lessor of all Lessee's obligations under the Lease, and for other valuable consideration, the receipt and sufficiency of which are acknowledged here, the parties to this Lease agree as follows: AGREEMENT 1. TERMINATION OF THE LEASE. The Lease is hereby terminated effective as of December 31,2018 ("Effective Date"). Lessee and Lessee's heirs and assigns hereby forever releases, quitclaims, and surrenders to Lessor the Lease and all rights of Lessee in and to the Premises and the Ramp Space. Lessee and Lessee's heirs further RELEASE, ACQUIT, AND FOREVER DISCHARGE Lessor and Lessor's agents, servants, employees and all other persons from any and all claims, demands, or causes of action of any kind whatsoever against Lessor which Lessee may have now,known or unknown, existing, directly or indirectly attributable to the Lease or this Agreement. 2. SURRENDER OF PREMISES. Within 30 days following the Effective Date,the Premises shall be vacated of all trade fixtures,tools, machinery, equipment, materials and supplies, furniture, and personal property ("Tenant Property"). By entering into this Agreement, Lessee hereby agrees that any Tenant Property remaining after this 30 day period shall become property of the Lessor, and this Agreement constitutes a bill of sale for same to Landlord. 3. NOTICES TO LESSEE AFTER EFFECTIVE DATE. All notices to Lessee after the Effective Date shall be addressed as follows: Texas Jet, Inc. ATTN: Reed Pigman, Jr. 200 Texas Way Fort Worth, Texas 76106 Agreement Terminating Lease Fort Worth Meacham International Airport Hangar and Ground Lease Agreement—Texas Jet,Inc. Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have execu ed this Agreement Terminating Lease in multiples on this the day of , 2018. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: _/1,288 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 this Agreement Terminating Lease, 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. p GIVEN UNDER MY HAND AND SEAL OF OFFICE this ol p day 12018. ^`"°s'"•" LINDA M.HIRRLINGER =•= *° My Notary ID#124144748 Notary Public in and for the Expires February 2,2022 State of Texas ®.. APPROVED AS TO FORM ATTEST: Ei i �•7 7 T`x' AND : Q By: By: Thomas Royce ansen, ary . ser Assistant City Attorney City SecretaryXA� M&C: N/A Agreement Terminating Lease Fort Worth Meacham International Airport ®FFICI� Hangar and Ground Lease Agreement—Texas Jet,Inc. C17YF%e 3 of 4 FT. W( � Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Leasing Coordinator Name Printed LESSEE: TEXAS JET,INC. By:_ !/ Reed P' an, J ., President Date:j 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 Reed 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 TEXAS JET, INC. and that he executed the same as the act of TEXAS JET, 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. Expires May 16,2022 Notary Public in and for the State of Texas My Notary ID#6520242 011118ww�'l Agreement Terminating Lease OFFKW RECORD Fort Worth Meacham International Airport QTMr$ECRETARYQQ Hangar and Ground Lease Agreement—Texas Jet,Inc. �iof 4-