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HomeMy WebLinkAboutContract 37156CITY SECRETARY 2 CONTRACT NO. 3� AMENDMENT NO.1 TO CSC NO. 36733 FORT WORTH SPINKS AIRPORT GROUND LEASE AGREEMENT (CITY SECRETARY CONTRACT 110. 36733) 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 SPINKS EAST SIDE EXECUTIVE HANGARS, INC. ("Lessee"), a Texas Corporation. A• WHEREAS, on or about March 12, 2008, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 36733, a ground lease agreement for approximately 54,600 square feet of ground, more specifically identified as 12525 Wildcat Way North and 12517 Wildcat Way North (the "Leased Premises"), at Fort Worth Spinks Airport ("Airport"). CSC No. 36733 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; and D. WHEREAS, the properties identified in the lease are referenced only by two (2) individual physical addresses; and E. WHEREAS, Lessor and Lessee wish to amend the Lease to identify the two (2) parcels not only by physical addresses, but also by Lease Sites &10 and E-11. NOW, THEREFORE, Lessor and Lessee hereby agree asfollows: 1. Section 1. ("PROPERTY LEASED.") of the Lease is hereby repealed and replaced with the following: CFW Spinks Airport Spinks East Side Executive Hangars, Inc Amendment No. l to CSC No. 36733 Page I of 4 I�'l�'? I! i 1. PROPERTY LEASED. Lessor hereby demises to Lessee approximately Fifty Four Thousand Six Hundred (54,600) square feet of ground space, including two Executive Hangar Buildings located at 12525 Wildcat Way North, commonly known as Lease Site &10, and 12517 Wildcat Way North, commonly known as Lease Site E.11, at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas, ("Premises"), as shown in Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes. 2. The document attached hereto as Exhibit "A" shall replace the previous Exhibit "A" attached to CSC No. 36733 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. 3. Section 9 ("Rights and Reservations of Lessor") of the Lease is hereby amended to include the following: 9.7. Lessor agrees Lessee shall have the right of ingress and egress to and from the leased premises by means of roadways for automobiles and taxiways for aircraft including access during the construction phase of airport improvements, unless otherwise agreed in writing by both parties. Such rights shall be consistent with the rules and regulations with respect to the occupancy and use of airport premises as adopted from time to time by the City of Fort Worth and by the Federal Aviation Administration or any other state, federal, or local authority. 4 All other provisions and conditions of the Lease that are not expressly amended herein or MU in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. CFW Spinks Airport Spinks East Side Executive Hangars, Inc Amendment No. 1 to CSC No. 36733 Page 2 of 4 [Signature Pages Immediately Follow] 'go 12 gl1I IN WI'NESS WWREOF, the parties hereto have executed this Agreement in multiples on this the % ` day of , 2008. CITY OF FORT WORTH: T.M. Higgins � " Assistant City Manager Date:_ 6 �L�08 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 T.M. Higgins, 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 day 200.1. ANl', t_. BRfS�NCi (Jofary Publir„ S?ate of Texas Rby %ominnion Expires rjjarch 07, 2011 APPROVED AS TO FORM AND LEGALITY: �narlene �anaers Assistant City Attorney M&c: C - ZZV 22,, 5IznIZz vFs rt CFW Spinks Airpo Spinks East Side Executive Hangars, Inc Amendment No. 1 to CSC No. 36733 Page 3 of 4 Notary Public in and for the State of Texas j`,I (III7�1( ii. U L irM1. 0 ATTEST: City Secretary SPINKS EAST SIDE EXECUTIVE HANGARS, INC: /e By: Name: Darrell Clendenen Title: President Date: STATE OF TEXAS § COUNTY OF § ATTEST: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Darrell Clendenen, 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 Spinks East Side Executive Hangars, Inc. and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day , 2008. Notary Public in and for the State of Texas CFW Spinks Airport Spinks East Side Executive Hangars, Inc Amendment No. I to CSC No. 36733 Page 4 of 4 CALIF®RNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On (� o before me, Date personally appeared Place Notary Seal Above Name and Title of'the Officer Names) of who proved to me on the basis of satisfactory evidence to be the personk) whose name(k) is/are-subscribed to the within instrument and acknowledged to me that she/they executed the same in his/her/their authorized capacity(io and that by his/hedfiierr signatur4(g) on the instrument the person(, or the entity upon behalf of which the persons` . acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official sea6:;. Signature- «� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D,¢cument Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limi#ed ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 93 0 D��$ot0 Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • wvnv.NationalNotary.org Item g5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit "A" A SURVEY OF A PORTION OF FORT WORTH SPINKS AIRPORT LEGAL DESCRIPTION: HEING a Tract of an Situated in the Hirom Little Survey, Abstract No. 930, and Being A Portion of Block 5, of the Fort Worth Spinks Airport, Cabinet A. Slide 353, Plat Records, Tarrant County, Texas, and Being More Particularly Described by Metes and Bounds as Follows; HEGINNIIIG at a Point From Which SPINKS CONTROL MONUMENT N0. 3 Bears North 89'59144" West 2,319,50 Feet and South 0W00'16" West 332.96 Feet; THENCE North 00•03'07" East, 300.00 Feet to a Point; THENCE North 89'56'53" West, 60.00 Feet to a Point; THENCE North 00'03'07" East, 60.00 Feet to a Point; NOTE: COORDINATES AND BEARINGS SHOWN HEREON ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 1927, DISTANCES SHOWN HEREON ARE GROUND DISTANCES. TO CONVERT TO GRID DISTANCES MULTIPLY BY THE COMBINED GRID AND ELEVATION FACTOR OF 0,9998699, FLOOD PLAIN NOTE: ACCORDING TO THE FLOOD INSURANCE RATE MAP NO, 48439CO535 H REVISED 08-02-1995, THIS LOT APPEARS TO BE IN "ZONE X" AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD —PLAIN. O N O M D r0 O SCALE: 1" = 60' S89'56'S3"E 110.00' s Z W O p 0 00 21,600 SQ. FT. co HANGAR 4 O N89056'53"W MOO' FORT WORTH SPINKS BLOCK 5 CABINET "A" SLIDE 51930Y LIT T�E �o. LIRAS RAG Ag N89'59'44"W 2,319.50' SPINKS CONTROL MONUMENT N0. 3 X=2, 058, 086.96) Y=329,350.90) w (D N m O CD 00 O) O O N N Z v SPINKS CONTROL MONUMENT NO. 2 ( X= 2, 058, 086.79) Y=327,151 A 6) I� DFW \ (Geodesy AIRPORT 353 N89'S6'S3"W 50.00' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN. MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 ( ) DENOTES RECORD DATA DATE: 04-26-OS (DRAWN: W.B. (CHECKED: M.P. IPLS JOB N0. 2005001-03 12525 WILDCAT WAY I SHT. N0. Ff. WORTH, TX 1 OF 1 Exhibit "A" A SURVEY OF A PORTION OF FORT WORTH SPINKS AIRPORT LEGAL DESCRIPTION: BEING a Tract of Land Situated in the Hiram Little Survey, Abstract No. 930, and Being A Portion of Block 5, of the Fort Worth Spinks Airport, Cabinet A, Slide 353, Plat Records, Tarrant County, Texas, and Being More Particulorly Described, by Metes and Bounds, as Follows; BEGINNING at a Point From Which SPINKS CONTROL MONUMENT N0. 3 Bears North 89'59'44" West 2,139.93 Feet and South 00'00'16" West 333.99 Feet; THENCE North 00`I6'16' Weat, 300.00 Feet to a Point; THENCE South 89'43'44" East, 110.00 Feet to a Point; THENCE South 00'i6'16" East, 300.00 Feet to a Point; THENCE North 89'43'44" West, 110.00 Feet to the POINT OF BEGINNING and containing 33,00o Square Feet of Land, More or Less. -. �� _ �, o� O r7 oM 0 NOTE: COORDINATES AND BEARINGS SHOWN HEREON ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 1927, DISTANCES SHOWN HEREON ARE GROUND DISTANCES. TO CONVERT TO GRID DISTANCES MULTIPLY BY THE COMBINED GRID AND ELEVATION FACTOR OF 0.9998699. FLOOD PLAIN NOTE: ACCORDING TO THE FLOOD INSURANCE RATE MAP N0. 48439C0535 H REVISED 08-02-1995, THIS LOT APPEARS TO BE IN "ZONE X" AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD —PLAIN. FORT WORTH SPINKS AIRPORT BLOCK 5 CABINET "A" SLIDE 353 TEE 5�g 0 �IRPS RP�T �° P.O.B. Ag N89'59'44"W 2,139.93' SPINKS CONTROL MONUMENT N0. 3 w -- ��;�j�.�1 tp N 01 O O !-: O O m �- 00 O) - � - O O N N z v SPINKS CONTROL MONUMENT N0. 2 �� DFW \ (Geodesy N89'43'44"E 110.00' 0 33,000 SQ. FT. o 0o HANGAR 5 0 M M W e c0 � � � (f, � 0 0 o � Z N S89'43'44"W 110.00' SCALE: 1 " = 60' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION. THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN. �� OF. .......................... MATT POWELL .....�....5544....v: �, �°,��siiR�� �� MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 5544 DATED: 04-26-05 REVISED: 04-02—OS DENOTES RECORD DATA 12517 WILDCAT WAY I SHT. N0. FT. WORTH, TX 1 OF 1 DATE: 04-26-OS (DRAWN: W.B. (CHECKED: M.P. IDFW JOB N0. 2005007-03 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/27/2008 DATE: Tuesday, May 27, 2008 LOG NAME: 55SESEH A&DOT REFERENCE NO.: **C-22822 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 36733, a Ground Lease Agreement with Spinks East Side Executive Hangars, Inc.; Authorize Execution of a Written Consent to Deed of Trust Lien by Spinks East Side Executive Hangars, Inc., in Favor of Southwest Securities, FSB for Leased Premises 12525 Wildcat Way North and 12517 Wildcat Way North at Fort Worth Spinks Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute Amendment No. 1 to City Secretary Contract No. 36733, a ground lease agreement with Spinks East Side Executive Hangars, Inc., at Fort Worth Spinks Airport; and 2. Execute a written Consent to Deed of Trust Lien by Spinks East Side Executive Hangars, Inc., in favor of Southwest Securities, FSB, for Leased Premises 12525 Wildcat Way North and 12517 Wildcat Way North at Fort Worth Spinks Airport. DISCUSSION: On March 4, 2008, (M&C C-22703) City Council approved the execution of City Secretary Contract (CSC) No. 36733, a ground lease agreement with Spinks East Side Executive Hangars, Inc., at Fort Worth Spinks Airport. This property includes 54,600 square feet of ground, including two Executive Hangars known as 12525 Wildcat Way North and 12517 Wildcat Way North. Staff has been informed that the initial Exhibit "A" attached to CSC No. 36733 which indicates the boundary lines for 12525 and 12517 Wildcat Way North read incorrect. The old survey reads as Block 4, when should read as Block 5. A new survey has been provided with the corrected language. The new survey will replace the previous Exhibit "A" attached to CSC No. 36733. CSC No. 36733 identifies the two parcels 12525 Wildcat Way North and 12517 Wildcat Way North. These two parcels will still be reflected as physical addresses, but will also be reflected within the airport as Lease Sites E-10 and E-11. Ingress and egress language will also be added to allow the lessee access to and from their hangars. All other terms and conditions of CSC No. 36733 will remain unchanged and in effect. Mr. Darrell Clendenen, President of Spinks East Side Executive Hangars, Inc., wishes to obtain financing for the two executive hangars from Southwest Securities, FSB. Accordingly, Spinks East Side Executive Hangars, Inc., has requested the City's consent to the execution of a Deed of Trust Lien on the premises in order for the Bank to secure their loan. The Deed of Trust Lien will grant the Bank the right to operate as Lessee or to secure another tenant in place of Spinks East Side Executive Hangars, Inc., if approved by the City Council, in the event that Spinks East Side Executive Hangars, Inc., defaults on the loan or their lease with the City of Fort Worth. The Lease Agreement prohibits Spinks East Side Executive Hangars, Inc., from Logname: 55SESEH AThursday, May 29, 20080T Page 1 of 2 making any assignment of the Lease or causing any lien to be made on improvements constructed on the Leased Premises without City Council approval. This type of transaction is routine for large airport tenants and City staff has no objection to Spinks East Side Executive Hangar's request. Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material affect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Tom Higgins (6266) Originating Department Head: Kent Penney (5403) Additional Information Contact: Patrick Carreno (447-8304) Logname: SSSESEH AThursday, May 29, 20080T Page 2 of 2