HomeMy WebLinkAboutContract 39552CONSENT TO SUBLEASE CI 1 Y SECRETARi Y
CONTRACT NO � SS
LEASE SITE, 4S -
This COT`�TSEI`N TQ? nuitlL � ASE (Agrreerfflent) is made and entered into by and
between the CI Ili CJ°I� FORT WORTH; (""Lessotr" 0110 "City"), a home rule municipal corporation
organized under the laws of the State of Texas, acting by and through T.M. H ggins, its duly
authorized Assistant City Manager; WOODARD AVIATION HOlI,III04GS, LTD., ("Stab esser"
or "New Lessee"), a Texas limited partnership, of which WOODARD GROUP, LLC, is the
General Partner, acting by and through Timothy D. Woodard its duly authorized President; and
TE3U.S A VIIATIION SERVIC 'r S9 INC. ("Sublessee") acting by and through Michael C.
Bashlor its duly authorized President, collectively referred to as the "Parties.."
IBECIT ALS
A. Lessor previously entered into unimpr°oved ground lease agreements at Fort Worth
Meacham International Airport (the "AHroport") styled as City Secretary Contract
("CSC") Nos. 25211 and 25212, as amended by CSC Nos. 26073, 27689, 33999, and
31807 for the lease of Lease Sites known as IS and 2S with Sandpiper Airport Inn, Inc.
Lessor subsequently consented to the Assignment. of CSC Nos. 25211 and 25212, as
amended, to Woody Woodard Family Partnership Ltd., d/b/a Texas Aviation Services
and Woodard Aviation Holdings, Ltd. (collectively the "Previous Lessee"), via CSC
Nos. 35473 and 36111 (collectively the "Previous Lease").
B. Lessor pr°eviously entered into an agreement with the Previous Lessee, via CSC No.
31308 for the Right of First Refusal ("RO- R") for lease sites known as 6S and 7S at the
Airport,
C. Lessor and the New Lessee subsequently entered into a new ground lease, CSC No,
38573 which combined lease sites IS and 2S with lease sites 63 and 73 to form
a new lease site known as 4S (the "New Lease").
D. The New Lessee, as Sublessor, and Sublessee, now wish to enter into a sublease of the
Premises of the New Lease Tract One and Tract One -A into two separate parcels with
the same dividing line between properties as it existed for previous Lease Site 2-S,
and Lease Site 1-S including site 1-S-D-.iS, with such lease sites hereby designated as
"Old Site 2-S" and "Old Site 1-S" for the purpose of this sublease and as shown in
Exhibit B and have requested that the City as Lessor, consent to the sublease.
NOW, THEREFORE, Lessor, Sublessor, and Sublessee hereeby agree as follows:
1. Lessor hereby consents to the sublease entered into by and between Sublessor and Sublessee
attached hereto as Exhibit "A."
2. Lessor does not adopt, ratify, or approve any of the particular provisions of the Sublease and
does not grant any right, privilege or use to the Sublessee which is different from or more extensive
than any right, privilege or use granted to Lessee or Sublessor. In the event of any conflict between
OFFICIAL RECORD
CITY SECRETARY
Consent to Sublease FT WORTH, TX
Woodard Aviation Holdings, Ltd. / Texas Aviation Services R
the New Lease and this Agreement, the New Lease shall control.
3. Lessor consents to this Sublease expressly upon the promise and covenant by Sublessee that
Sublessee will faithfully perform, as to the subleased premises, all of its duties and obligations as
required by the sublease. Sublessor understands and agrees that it will remain liable to Lessor for
performance by Sublessee of all duties and obligations of Sublessee under the New Lease.
[Signature Pages Follow]
y
Consent to Sublease
Woodard Aviation Holdings, Ltd. ! Teaas Aviation Services
Lease Site 4S
SUBLESSOR:
WOODARD AVIATION HOLDINGS, LTD., a Texas limited partnership
By: WOODARD GROUP, LLC., a Texas limited liability company,
Its General Partner:
By: � 1; r a6 "�
Name: Timothy oodard
Title: President 1(
Date: , 2009.
ATTEST:
By:
STATE OF TEXAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Timothy D. Woodard, 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 WOODARD AVIATION HOLDINGS, LTD., by WOODARD GROUP, LLC, its
General Partner, and that he executed the same as the act of WOODARD AVIATION
HOLDINGS, LTD., by WOODARD GROUP, LLC, its General Partner, for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN TINDER MY HAND AND SEAL OF OFFICE this 13�day
2009.
its
�Qiis;7•P��n ; LEAH N JIPP
Notary Pub+ic, 5ta;e of Texas
MY Commission Expires
SEPT 2512010
Consent to Sublease
Woodard Aviation Holdings, Ltd. /Texas Aviation Services
Lease Site 4S
LESSOR:
CITY OF FORT WORTIEI:
By:
T.M. Higgins
Assistant City Manager
Date: 1 O7 _, 2009.
STATE OF TEXAS §
COUNTY OF TA,RRANT §
ATJ,Vj ST:
(MWAtLN.
By
Marty Heiiarix
City Secretary
r_ontract Authoriaatiou
rate
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 of
2009.
��Y ��'� MARIA S. SANCHEZ
MY COMMISSION EXPIRES
December 14, 2013
4^`
APPROVED AS TO FORM AND LEGALITY:
eo
✓� By:
Charlene Sanders
Assistant City Attorney
Contract Authorization:
M&C: Z
Date Approved:
Consent to Sublease
Woodard Aviation Holdings, Ltd. /Texas Aviation Services
Lease Site 4S
UAL
otary Public in and for the Stat of Texas
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
Sublease from Woodard Aviation Holdings, Ltd., to Texas Aviation Services, Inc.
Consent to Sublease
Woodard Aviation Holdings, Ltd. /Texas Aviation Services
Lease Site 4S
§
r
\
�)R®[
}&K[;
COCD
!\}/�
®\)M
'\\\\
}(Zo
n
|gm
�2
q §
0_
M&C Review
Page 1 of 2
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/13/2009
DATE: 1/13/2009 REFERENCE NO.: **C-23272 LOG NAME: 55WOODARD 4S
CODE: C TYPE: CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize Termination of City Secretary Contract Nos. 25211, 25212 and 31308 and
Execution of New Agreements with Woodard Aviation Holdings, Ltd., Authorize a Consent
to Sublease to Texas Aviation Services, Inc., at Fort Worth Meacham International Airport
RECOMMENDATION:
It.is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract Nos. 25211, 25212 and 31308, as amended and assigned, for
(Y lease sites 1 S, 2S, 6S and 7S at Fort Worth Meacham International Airport;
2. Execute a new Ground Lease Agreement for Lease Site 4S with Woodard Aviation Holdings, Ltd.,
at Fort Worth Meacham International Airport;
3. Execute a Right of First Refusal for Lease Site 5S with Woodard Aviation Holdings, Ltd., at Fort
Worth Meacham International Airport; and
4. Execute a Consent to Sublease Agreement for Lease Site 4S to Texas Aviation Services, Inc.
DISCUSSION:
The City Council previously approved the execution of Unimproved Ground Lease Agreements at
Fort Worth Meacham International Airport with City Secretary Contract (CSC) Nos. 25211 and 25212,
as amended by CSC Nos. 26073, 27689, 33999 and 31807 for the lease of lease sites known as 1 S
and 2S with Sandpiper Airport Inn, Inc. City Council consented to the Assignment of CSC Nos.
25211 and 25212 as amended to Woody Woodard Family Partnership, Ltd., d/b/a Texas Aviation
Services and Woodard Aviation Holdings, Ltd. City Council also approved the execution of CSC No.
31808 with Woody Woodard Family Partnership, Ltd., for the Right of First Refusal (ROFR) for lease
sites known as 6S and 7S at Fort Worth Meacham International Airport.
In February 2008, staff received a request from Mr. Carl D. Woodard and Mr. Timothy D. Woodard to
combine Lease Sites 1 S, 2S and the ROFR for Lease Sites 6S and 7S into one lease under the new
name of TEXAV (TX) QRS 1&124, Inc., (TEXAV) an entity managed and operated by W.P.
Carey and Company, LLC., Woodard Aviation Holdings, Ltd., and Woody Woodard Family
Partnership, Ltd., was to be bought out by this entity.
On May 8, 2008, (M&C C-22726) CSC Nos. 37052, 37053 and 37054 were executed with TEXAV.
The Agreement originally negotiated between the Woodard's and TEXAV did not go through and the
deal has been void. TEXAV intended to own and control the hangars, subleasing to Texas Aviation
Services, Inc. (TAS). Woodard Aviation Holdings, Ltd., will instead remain the controlling entity.
As previously agreed, Lease Sites 1 S and 2S will be brought up to the current established Schedule
of Rates and Charges and Lease Sites 6S and 7S will go to an unimproved ground rate. There will
also be additional unimproved ground acquired by Woodard Aviation Holdings, Ltd., that sits
southwest of 2S and east of 6S and 7S. A new survey has been completed showing all the lease
areas combined, now known as Lease Site 4S, and will be attached as Exhibit A to the lease
agreement.
FORT W'OTH I
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=10785&councildate=l/13/2009 11/30/2009
M&c; Review
Page 2 of 2
Woodard Aviation Holdings, Ltd., has requested a ROFR on the land below the hill of their Lease Site
4S. This will be known as Lease Site 5S. Staff has no objection to a ROFR on Lease Site 5S. A new
survey has been completed.
The total square footage of unimproved ground is 454,400 square feet at a rate of $.23 per square
foot. Based on the square footage of unimproved ground this lease will generate estimated revenue
of $104,512.00 annually, or $8,709.33 monthly. The total for the ROFR lease site is approximately
114,312 square feet at a rate of $.01 per square foot annually. Based on the square footage of ROFR
this lease will generate estimated revenue of approximately $1,143.12 annually. The total annual
revenue generated from the lease with all lease sites combined is $105,655.12. Payment of rent for
the lease sites will commence upon execution of the lease.
Woodard Aviation Holdings, Ltd., requests the approval of a Consent to Sublease Agreement
with TAS, who has been bought by Ranger Aerospace, but will still operate as TAS. TAS has
contributed significantly in the past to the success of Fort Worth Meacham International Airport
through the successful promotion and management of their facilities. As a result of the contributions
made, staff is in support of Woodard Aviation Holdings, Ltd., subleasing back to TAS.
The initial term of the lease shall commence on the date of its execution and expire on September 30,
2038, with two five-year options to renew. Rental rates shall be as described in the Schedule of Rates
and Charges in effect at that time. 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 established 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 will be
responsible for the collection and deposit of funds due to the City under this Agreement.
TO Fund/Account/Centers
PE40 491352 0551101 $105,655.12
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Carl Smart (6575)
Kent Penney (5403)
Leah Jipp (5409)
http://apps. cfwnet.org/council�acket/mc_review. asp?ID=10785&councildate=l /13/2009
11/30/2009