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HomeMy WebLinkAboutContract 35891-A1 (2) CITY SECRETARY CONTRACT NO. 9 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35891 FORT WORTH MEACHAM INTERNATIONAL AIRPORT TERMINAL BUILDING OFFICE LEASE AND RAMP SPACE LICENSE AGREEMENT SUITE 119 This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35891 ("Amendment") 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 acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Don E. Hansen ("Lessee"), an individual. The following introductory provisions are true and correct and form the basis of this Amendment. A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No. 35891 (hereafter referred to as the "Lease"), a lease of 2,100 square feet of tiled first floor office space at Fort Worth Meacham International Airport ("Airport") identified as Suite 119 ("Premises"). B. Lessee has made improvements to the Premises for which Lessor has approved an additional $70,844.30 in rent credits. C. Lessee desires to increase the eligible percentage utilized for applying Rent Credits to the monthly rent installment. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Section 3.1.3. of the Lease is hereby repealed and replaced with the following: 3.1.3. Rent Credits Notwithstanding anything to the contrary herein, Lessee shall have the right to offset against rent payable hereunder for the Leased Premises a number of dollars equal to $222,851.30 expended by Lessee for those capital improvements made to the Leased Premises and the Licensed Premises and for that certain landscaping installed on the Licensed Premises, all of which is specifically identified in Exhibit "C-1", attached hereto and hereby made a part of this Lease for all purposes, as well as any other capital improvements or landscaping that are subsequently approved in writing by the Director of Airport Systems or authorized representative prior to the earlier of installation or the date in which the expense is incurred (collectively, Page 1 Amendment No. 1 to City Secretary Contract No.35891 �� between City of Fort Worth and Don E.Hansen OFFICIAL RECORD CITY SECRETARY o 6-?2-l o A 0 7 :31 IN FT.WORTH,TX "Designated .Airport Improvements"); provided, however, that in no event may Lessee offset ore than sixty-five percent (65%) of any monthly rent installment paid hereunder for this purpose. Lessee shall not be entitled to receive a rent credit for any additiorial Designated Airport Improvements other than those specifically identified in Exhibit "C". In addition, following at least forty-eight (48) hours' advance notice to Lessee, Lessor shall have the right, at any time during normal business hours, to review and audit all financial and business records of Lessee that relate to Designated Airport Improvements, including, but not limited to, construction documents, invoices and purchase receipts. Lessee shall make all such records available to Lessor in the Leased Premises and will otherwise fully cooperate with Lessor in undertaking such review or audit. Once Lessor has completed an audit with respect to a given Designated Airport Improvement, Lessor will not conduct a subsequent audit with respect to the same Designated Airport Improvement. Upon the expiration of the Term or prior termination of this Lease, Lessor shall have no obligation to reimburse Lessee for any expense incurred or expended by Lessee for any modification, construction or improvement at the Airport, including, but not limited to, any expenditures for Designated Airport Improvements that Lessee has not yet recouped through the rent credits provided under this Section 3.1.3. 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 Follow] Page 2 Amendment No.1 to City Secretary Contract No.35891 between City of Fort Worth and Don E.Hansen IN WI T NE� WriEREOF, the parties hereto have executed this Agreement in multiples on this the �day of , 2010. CITY OF FORT WORTH: By: Tv1��wr.aL C.y.C. Fernando Costa Assistant City Manager 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 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. CIIVEN UNDER MY HAND AND SE i OF OFFICE this / day 20 . EVONfADAN IELS -` MY COMMISSION EXPIRES JL4'� ll July 10,2013 otary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALITY: By: C-�t ,4ap �0o�' p Quo° o ? Charlene Sanders p�o %0 00 Marty Hendrit Assistant City Attorney d`n $�¢ City Secretary r� M&C: - °o o0 rd t „ � o�00000�°oo �o Approved: `(' �� I � ��1�1XuoA.a,�'°� OFFICIAL RECORD CITY SECRETARY Page 3 Amendment No.1 to City Secretary Contract No.35891 FT WORTft,i ,TX between City of Fort Worth and Don E.Hansen DON E. HANSEN: ATTEST: An Individual By:_ B Y• Don E. Hansen, In lividually Date: 5 v 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 Don E. Hansen, 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 Don E. Hansen and that he executed the same as the act of Don E. Hansen for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,:�( day 2010. tary Pu c in and for the State of Texas W� Nf��IK_ ' 4 NOR"h"C f *Of TOM S a�iEnna`�+ I Page 4 Amendment No.1 to City Secretary Contract No.35891 between City of Fort Worth and Don E.Hansen Exhibit C-1 V. Part Company Invoice# Invoice Date Amount Comments 3 Henson's Building 0022 212 7/5/2007 $ 5,057.85 Material Previously Approved in Part 1 4 Albertson's 2/24/2008 $ 105.55 Mulch for Lawn Not a Capital Improvement 5 Alex Murray 10/13/2008 $ 300.00 Terminal Ramp Not a Capital Improvement 5 Navco 5/31/2009 $ 145.54 Algae Buster,ceramic saucers Not a Capital Improvement 5 Lowe's#875719 8/27/2009 $ 51.45 Sprinkler Not a Capital Improvement Total Non-Eligible Costs $ 5,660.39 Part Company Invoice# Invoice Date Amount Comments 3 Cowtown Canvas&Awning 8/7/2007 $ 2,610.00 Awning on back of Terminal 3 SNC Construction 07102 8/5/2007 $ 1,600.00 Awning Frame 3 SNC Construction 07107 8/20/2007 $ 2,718.82 Installed Awning 3 Moveable Cubicle 12/19/2006 $ 2,202.89 Storage Container 3 Norton Metals 892126 7/30/2007 $ 64.95 Material 3 Norton Metals 893333 8/2/2007 $ 74.48 Material 3 Norton Metals 894321 8/6/2007 $ 40.87 Material 3 Norton Metals 894948 8/7/2007 $ 97.43 Material This request was for$903.53, but$74.48 of this amount was 3 Norton Metals 893333 8/2/2007 $ 829.05 Material a duplicate request. 3 Norton Metals 892494 8/1/2007 $ 759.48 Material 4 Mundo Tile FW-11765 10/26/2007 $ 738.49 4 Mundo Tile FW-1194 10/27/2007 $ 320.02 Tile 4 Lowe's 1210837 10/25/2007 $ 383.40 Painting Supplies 4 SNC Construction 07127 10/31/2007 $ 1,777.34 Painting Terminal 4 T.N.Tile Inc. 122106261 11/18/2007 $ 2,686.48 Tile Front&Back Description:Scalp Lawn, 4 Navco Lawn 2474 11/20/2007 $ 270.63 Perennial Rye Spread Starter Fertilizer. 4 SNC Construction 11/12/2007 $ 1,300.98 Add to Existing Carport 4 Norton Metals 923207 11/1/2007 $ 398.48 Material for Canopy 4 SNC Construction 07129 11/12/2007 $ 825.58 Install fan/storage 4 SNC Construction 07129 11/12/2007 $ 5,043.21 Painted Terminal Building 4 SNC Construction 07131 11/27/2007 $ 2,713.00 Painted Exterior Terminal Bldg. 4 SNC Construction 07132 11/27/2007 $ 1,574.49 Add to Existing Carport 4 Henson's Building 00224939 11/16/2007 $ 1,682.60 Metal Material 4 Lowe's 1023473 11/15/2007 $ 1,232.70 Ramp/Parking Repairs 4 Steel Rolling Serv. SRS-1672 12/6/2007 $ 1,056.00 Square Awning 4 SNC Construction 07139 12/24/2007 $ 1,208.10 Install cabinets,Antenna 4 SNC Construction 08007 2/25/2008 $ 3,010.00 Material&Labor canopy/awning 4 Norton Metals 2/22/2008 $ 117.16 Carport 4 United Door Sales 4/1/2008 $ 1,150.00 Roll-up Door 4 ACF Tarp 4/2/2008 $ 6,262.26 Awning on ramp side 5 Phillips Welding Supply 7/30/2008 $ 5,879.49 Tex Sign 5 8/3/2008 $ 150.00 Equip. &Labor to unload material 5 Nicholson Construction 8/3/2009 $ 3,910.76 Texaco Sign 5 Nicholson Construction 9/29/2008 $ 837.51 Texaco Sign 5 Nicholson Construction 9/13/2009 $ 2,438.54 Texaco Sign 5 Texas Shafts Inc, 9/15/2008 $ 4,000.00 Sign 5 Fastsigns 10/1/2008 $ 1,998.68 Street Sign 5 Navco 11/19/2008 $ 1,749.59 Ramp 5 Home Depot 11/25/2008 $ 72.01 Waterfall 5 Builders Equip. 11/26/2008 $ 46.70 Waterfall 5 Masonry Work 11/26/2008 $ 620.00 Waterfall Planter 5 Navco 12/8/2008 $ 5,888.80 Waterfall Page 1 of 2 Exhibit C-1 AHowabie Costs(it) Part Company Invoice# Invoice Date Amount Comments 5 SNC Construction 12/8/2008 $ 2,275.00 Install Texaco Sign Island Landscaping in front of 5 Navco 12/9/2008 $ 1,066.26 Airport terminal 5 Diversified Fire 1/16/2009 $ 722.37 Wheel Unit-City Ramp 5 Navco 3/20/2009 $ 3,688.08 Lawn Planters, Pavers 5 Navco 3/27/2009 $ 189.44 Lawn Irrigation System 5 American Tile 4/24/2009 $ 3,862.90 Black-Planters 5 Home Depot 5/3/2009 $ 1,188.59 Black-Bldg. 5 Lowe's#235171 2/3/2009 $ 313.17 Planters 5 Lowe's#560881 4/30/2009 $ 286.28 Plants 5 Lowe's#548114 4/30/2009 $ 150.34 Plants 5 Sherwin Williams 4/18/2009 $ 77.85 Masonry Prm. 5 T.N.Tile 5/8/2009 $ 3,400.00 Sign Base Tile Total $ 89,561.25 $ (18,716.70) Reduction due to double-submittal of Part 2 $ 70,844.55 Add1 Improvements/Rent Credits Approved Page 2 of 2 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2010 DATE: Tuesday, June 08, 2010 REFERENCE NO.: **C-24248 LOG NAME: 55FTW DHANSEN CSC 35891 AMEND NO. 1 SUBJECT: Authorize the Execution of Amendment No. 1 to City Secretary Contract No. 35891, a Terminal Building Office Lease and Ramp Space License Agreement with Don E. Hansen, to Increase Eligible Rent Credit Percentage at Fort Worth Meacham International Airport(COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 35891, a Terminal Building Office Lease and Ramp Space License Agreement with Don E. Hansen, to increase eligible rent credit percentage at Fort Worth Meacham International Airport. DISCUSSION: On October 2, 2007, (M&C C-22425)the City Council approved the execution of a Terminal Building Office Lease and Ramp Space License Agreement filed under City Secretary Contract No. 35891 with Don E. Hansen, for Suite 119, at Fort Worth Meacham International Airport. Per the Terminal Building Office Lease, capital improvements were to be completed in exchange for 100 percent rent credits, not to exceed 50 percent of the monthly rent. Said improvements were completed and $152,007.00 were granted in rent credits. City staff has received a request from Don E. Hansen to approve an additional$70,844.30 in capital improvements. In order to approve this additional amount and allow for 100 percent of the rent credits to be recouped within the current 10 year Lease, the monthly rent credit allowable would need to be increased by 15 percent, from 50 percent to 65 percent. City staff is recommending the approval of this amendment and the rent credit based upon the extraordinary circumstances involved in this property and transaction. Mr. Hansen was asked to occupy an area of the airport that required substantial improvement which he willingly undertook. In addition, with Mr. Hansen vacating his previous facilities, this allowed the expansion of Texas Aviation Services to establish a premier helicopter servicing depot. The rent credit policy was intended to prepare Suite 119 for occupancy as a Fixed Base Operator. The goal has been accomplished with the work completed as described by the rent credit requests submitted. All the terms and conditions of the original City Secretary Contract No. 35891 will remain unchanged and in effect. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. http://apps.cfwnet.org/ecouncil/printmc.asp?id=13442&print=true&DocType=Print 6/15/2010 Page 2 of 2 FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Mainager's Office by: Fernando Costa (6122) Originating Department Head: Kent Penney (5403) Additional Information Contact: Jonnie Huitt (5409) ATTACHMENTS No attachments found. http://apps.cfwnet.org/ecouncil/printmc.asp?id=13442&print=true&DocType=Print 6/15/2010