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Home My WebLink AboutContract 34301 a CITY SECRETARY' CONTRACT NO. �. AMENDMENT NO. 1 TO CSC NO. 33940 FORT WORTH SPINKS AIRPORT UNIMPROVED GROUND LEASE AGREEMENT WITH MANDATORY IMPROVEMENTS (CITY SECRETARY CONTRACT NO. 33940) 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 and CLIFF MILLICAN ("Lessee"), an individual. A. WHEREAS, on or about August 30, 2006, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 33940, an unimproved ground lease agreement with mandatory improvements for approximately twenty two thousand four hundred (22,400) square feet of unimproved ground, more specifically identified as Lease Site E-12 (the "Leased Premises"), at Fort Worth Spinks Airport ("Airport"). CSC No. 33940 shall hereinafter be referred to as the "Lease;" and B. WHEREAS, the attachment to the original Lease describing the Leased Premises bears incorrect property boundaries; and C. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the full survey and the corrected property boundary description of the Leased Premises. NOW,THEREFORE, Lessor and Lessee hereby agree as follows: 1. The document attached hereto as Exhibit "A" shall replace the previous Exhibit "A" attached to CSC No. 33940 and shall be incorporated therein by reference for all purposes. 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. 2. 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. [Signature Pages Immediately Follow] CFW Spinks Airport Cliff Millican Amendment No. 1 to CSC No.33940 Pagel of 3 it UJAiJ Zp Q �g e k IN WITNESS WHEREOF, a arties hereto have executed this Agreement in multiples on this day of , 22006. CITY OA RTH: By: Mar Assistant City Manager Date: l/-,/.S,D (/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 Marc Ott, 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 Av day 200_. MY HETTIE ENE Notary Public in and for the State of Texas cc "A1sS10N EXPIRES Jufy 25 ;%07 I APPROVED AS TO ^' ATTEST: AND LEGALIT By: Maleshia B. armer .f 5i_ Hendrix Assistant City Attorney City Secretary &C18�d. . PFI�►�L1y�a� ti 1-:�-LLe �CFW Spinks Airport liff Millican Amendment No. 1 to CSC No.33940 !Page 2 of 3 O CLIFF MILLICAN: ATTEST: By: CZ'. "// By: Nam ei-IFFOMP A. 41illi N Title: J. 01 CE Date: 11 113 Zz oaa STATE OF TEXAS § COUNTY OF-V ,Q.A- r § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Cliff Millican, 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 Cliff Millican and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. CjWEN UNDER MY HAND AND SEAL OF OFFICE this day r,mil /5 Ex- ,2006. 1q0� ca.=p sty Notary P is in and f e State of Texas lie- CFW Spinks Airport Cliff Millican Amendment No. 1 to CSC No.33940 Page 3 of 3 EXHIBIT "Alt LAND DESCRIPTION: BEING A PORTION OF BLOCK 5, FORT WORTH SPINK'S•AIRPORT, AN ADDITION TO THE CRY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN CABINET A. SLIDE 353, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A PX NAIL SET WITH A WASHER STAMPED, "RPLS 5544" FOR THE NORTHWEST CORNER OF SUBJECT TRACT FROM WHICH SPINK'S CONTROL MONUMENT NO. 3 BEARS North 89'14'57" West 2815.55 FEET AND North 00'00'16" East 91.03 FEET; THENCE South 89.14'57" East A DISTANCE OF 160.00 FEET TO A 1/2 INCH IRON ROD SET WITH A PLASTIC CAP STAMPED, "RPLS 5544"; THENCE South OD'45'03" West A DISTANCE OF 140.00 FEET TO A 1/2 INCH IRON ROD SET WITH A PLASTIC CAP STAMPED, "RPLS 5544"; THENCE North 89'14'57" West A DISTANCE OF 160.00 FEET TO A PK NAIL SET WITH A WASHER STAMPED, "RPI.S 5544"; THENCE North 00'45'03" East A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING HAVING AN AREA OF 0.514 ACRES OF LAND, MORE OR LESS. 1/2"IRON S00'45'03b * 14o.OD' 1/2'gtDN Raa SET sr w WLS 6PED W � WPLS 05i4�" � d to PORTION OF BLACK 5 FORT 1YDRTH SINKS AIRPORT ADDIMW (� OAOMT A.9610E 353 (h 0.514 AKRIX 4 . P.O.B. f .O.B. r PK NAIL S'T Ln W/WASH59 STAHPED • b5 N"SET No0.43'03"E 140,00- �� STAWM I �� I SPINKs cmam �� SPINXS COMI L �N0.3 z MONWA:Wr NO.2 088 9i) 05$08fS,7.) (Y-329,33D.9 91.03' 2108.99' (1'-327.18T.18) , NWDO'1B'E 2,200.02' 0 120 (a,T e9 99') Bc RAN OINO WARM SCALE., 1" = 60' MOD PWN NOTES ACCORDINRATE MAP 5 INSURANCE ONO. 4W9C To THE O53OD REVISED PREPARED UNDER MY DIREC710N. 08-•02-1995, THIS LOT APPEARS TO 9E IN "ZONE X" AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD-PLAIN. OF T� FR'.'t' /4 fnt4 � Fo�� Y" �. p F W .�....�...��. MATT ray/K L KO FPOWELL 5prJS�F4 76 L/S R �I,FpSI0ip6 LAtFC SURKY.R 1r� 314H NO.&W ®®Geodesy ya�°::�...01 D�T�s ��-� _ Imism STIR m�° '> j ifA1F ro •cs cRa� r'+.r. Imur, wl"_ ors MR ha saml-,d EXHIpfC A 1 OF 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/7/2006 DATE: Tuesday, November 07, 2006 LOG NAME: 55MILL AMEND 1 REFERENCE NO.: **C-21822 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 33940, an Unimproved Ground Lease Agreement with Mandatory Improvements with Cliff Millican for Site E-12 at Fort Worth Spinks Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City Secretary Contract (CSC) No. 33940, an Unimproved Ground Lease Agreement with Mandatory Improvements with Cliff Millican for Site E-12 at Fort Worth Spinks Airport. DISCUSSION: On July 18, 2006, (M&C C-21574) City Council authorized the City Manager to execute an unimproved ground lease agreement with mandatory improvements for 22,400 square feet with Cliff Millican for the construction of a commercial maintenance hangar at Fort Worth Spinks Airport. CSC No. 33940 was subsequently executed. Staff has been informed that the initial Exhibit"A" attached to CSC No. 33940 which indicates the boundary lines for the lease site E-12 is incorrect. Article I, Section 2-9(d) of the Fort Worth City Code requires City Council approval prior to execution or acceptance by the City Manger of any contract or other legal instrument for the sale, lease or purchase of real property. A new survey has been provided with the corrected boundaries. The new survey will replace the previous Exhibit"A" attached to CSC No. 33940. All other terms and conditions of CSC No. 33940 will remain unchanged. The property is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submittedfor Ci Manager's Office by: Marc Ott(8476) Originating Department Head: Mike Feeley (871-5403) Additional Information Contact: Mike Feeley (871-5403) Logname: 55MILL AMEND 1 Page 1 of 1