HomeMy WebLinkAboutContract 12261-A3 CITY SECRETARY
CONTRACT NO.
AMENDMENT NO. 3 AND RENEWAL AGREEMENT
CITY SECRETARY CONTRACT NO. 12261
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
UNIMPROVED GROUND LEASE
This RENEWAL AGREEMENT ("Lease") is made and entered into by and between
the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in
Tarrant, Denton, Parker, and Wise Counties, Texas acting by and through Fernando Costa, its
duly authorized Assistant City Manager, and CLARENCE J. SURY ("Lessee"), an Individual.
Recitals
The following statements are true and correct and form the basis of this Agreement:
A. Lessor and Lessee previously entered into City Secretary Contract ("CSC")
No.12261, an Unimproved Ground Lease for lease site 13-S at Fort Worth
Meacham International Airport("Airport"), an agreement giving Tenant the right
to store aircraft on such property at the Airport. CSC No. 12261 was subsequently
amended by CSC No. 12325 and CSC No. 26742,which amended the description
of the premises, adjusted the rental rates, and extended the term of the agreement,
respectively. CSC Nos. 12261, 12325 and 26742 shall hereafter collectively be
referred to as (the "Lease"). The Lease commenced on January 1, 1982 and
expired on December 31, 2006, subject to renewal at Lessee's option for two (2)
consecutive terms of five (5) years each.
B. CSC No. 34115 was executed to exercise the first (1st) five year option to renew
effective January 1, 2007 and expiring on December 31, 2012.
C. Lessor and Lessee recognize that CSC No. 34115 reflected the expiration date as
December 31, 2012, instead of December 31, 2011 which gave Lessee a six-year
term for the renewal option thus offsetting the subsequent renewal option which
will not coincide with the thirty five (35) year term.
D. Lessee hereby requests to correct the initial five year option and exercise the
second option for renewal. In accordance with the provisions of the Lease, the
Lessee has properly exercised its second (2"d) option to renew the Lease for a five
year period.
Agreement
1. CSC No. 34115 is hereby amended for the first (1st) option to renew for a five year
period, commencing on January 1, 2007 and expiring on December 31, 2011,
1 OFFICIAL RECORD
CITY SECRETARY
- - FT.WORTH,TX
2. The Lease is hereby renewed and extended for a second (2"d) term of five (5) years,
commencing on January 1, 2012 and expiring on December 31, 2016.
3. All other terms and conditions of the Lease shall remain in full force and effect.
[Signature Pages to Follow]
2
IN WITNESS W—EREOF,the parties hereto have executed this Agreement in multiples
on this the day of
CITY OF FORT WORTH:
By:
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
20"
Notary Public in and or the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
MAI ,000nut��
By:l �L,�e�� -�L _ By � ofir�il
Charlene Sanders Ma' J. Ka s " U�,00000�o0 IY�
Assistant City Attorney airy Secretary Als' o °00�
o
M&C: C 'a Leo 5 Q0 o a0 z�
Approved: 1's i 3 �� o��°0000a0000 *ol
OFFICIAL RECORD
3 CITY SECRETARY
FT.WORTH,TX
CLARENCE J. SURY: ATTEST.-
By:
C arence J. Sury Oft
Date: /l - J a_ 2,21 ,
STATE OF TEXAS §
COUNTY OF 1 a r r c r-1- §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Clarence J. Sury known to me to be the persons whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Clarence J. Sury and that he executed the same as the act of Clarence J. Sury for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day
lJ� �b'Ylb�l� 52012. -
--- -------- --
ty 'r: SARAN ROBEWS
My COMMMM EWES
,IMMY13,2ote ry Nota Public in and for the State of Texas
4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/15/2013
DATE: Tuesday, January 15, 2013 REFERENCE NO.: **C-26059
LOG NAME: 55FTW CJSURY SECOND RENEW
SUBJECT:
Authorize Execution of Amendment No. 3 and a Second Five-Year Option to Renew City Secretary
Contract No. 12261 with Clarence J. Sury for Unimproved Ground Lease Site 13S at Fort Worth Meacham
International Airport(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 3 and a second five-
year lease option to renew with Clarence J. Sury for Unimproved Ground Lease Site 13S at Fort Worth
Meacham International Airport.
DISCUSSION:
City Secretary Contract (CSC) No. 12261, a 25-year Ground Lease, with the option for two consecutive
five-year renewal terms of unimproved property for Lease Site 13S was executed with Clarence J. Sury on
January 5, 1982, Mayor and Council Communication (M&C C-6088). Two subsequent CSCs were
executed to amend the original, CSC No. 12325 (M&C C-6168)and CSC No. 26742 (M&C C-18569)
respectively. The lease commenced on January 1, 1982 and expired on December 31, 2006.
On September 19, 2006, CSC No. 34115 (M&C C-21696) was executed to exercise the first five-year
option to renew effective January 1, 2007 through December 31, 2012.
On December 10, 2012, Staff received a request from Clarence J. Sury to amend CSC No. 34115 to
correctly reflect the five-year renewal term as January 1, 2007 through December 31, 2011 and to execute
the second and final five-year renewal option, in accordance with the Lease Agreement. Staff
recommends approving both the requested amendment to the first renewal option and the second renewal
option, which will be effective January 1, 2012 through December 31, 2016.
In accordance with the established Schedule of Rates and Charges, this lease site of 8,454.55 square feet
at a rate of$0.2457 per square foot will generate revenue of approximately$2,077.28 per year or
approximately$173.11 monthly.
Rental rates shall be subject to an increase on October 1st of any given year to reflect the upward
percentage change, if any, in the Consumer Price Index for the period since the last adjustment. All
Agreement terms will be in accordance with City and Aviation Department policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Aviation Department is responsible for the
collection and deposit of funds due to the City.
Logname: 55FTW CJSURY SECOND RENEW Page 1 of 2
a
FUND CENTERS:
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
PE40 491352 0551101 $2,077.28
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
1. 55FTW USURY Second Renew Exhibit.pdf (Public)
Logname: 55FTW CJSURY SECOND RENEW Page 2 of 2