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HomeMy WebLinkAboutContract 33809-A3202� AMENDMENT NO.3 OF FORT WORTH ckTlo�t�,uo0h' CITY SECRETARY CONTRACT NO, 33809 CITY SECRETARY CoI4TRACT No. &67 — 5 This AMENDMENT 11NO.1("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, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and TEXAS JET PARTNERS, L.P. ("Lessee"), a Texas Limited Partnership, acting by and through its duly authorized Managi aung Partner, Reed Pigman Jr. RECITALS WHEREAS, On April 11, 2006, the City and Texas Jet Partners, L.P. entered into City Secretary Contract ("CSC") No. 33809 ("Lease"), a Ground Lease Agreement for the lease and use of real property known as 18N, 23N, 24N, 36N, and 25N-30N (Texas Jet Bundle) ("Leased Premises") consisting of a total of 719,341.52 square feet of ground space at Fort Worth Meacham International Airport ("Airport"), WHEREAS, CSC No. 33809 contains a 25 year lease term that will expire on September 30, 2031 and does not include provisions for renewal terms; and WHEREAS, On November 12, 2012, (M&C C-25973) Amendment No. 1 to CSC No. 33809 was approved (CSC No. 33809-A 1) to remove lease site 24N, comprised of 41,139 square feet of ground space. The remaining sites total 678,202.52 square feet of ground space; and WHEREAS, On January 28, 2014, (M&C C-26651), Amendment No. 2 to CSC No. 33809 was approved to make significant improvements to Sites 18N, 23N and 27N. In consideration of these improvements, Texas Jet requested that a renewal term equal to 15 years be added to the Agreement in order to bring it to an aggregate total of 40 years, as allowed under Chapter 22 of the Texas Transportation Code; and WHEREAS, Lessor and Lessee now wish to amend the lease to include additiona17,847 square feet consisting %J a helipad and surrounding apron adjacent to 29N. If approved, the total square footage of lease sites 18N, 23N3 25N, 26N, 27N, 28N29, 30N and 36N (known as the Texas Jet Bundle) will increased to 686,049.52; and WHEREAS, Lessor and Lessee also wish to add Exhibit B that reflects the additional square footage of Leased Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The Lease is hereby amended by deleting Section 1 of CSC No. 33809, "PROPERTY LEASED," of the Lease in its entirety and replacing it with the following: Fort Worth Meacham International Airport Texas Jet Partners, L.P.. Amendment No. 3 to CSC No. 33809 Page 1 of 6 GiTY SECRETARY FT. WORTH, TX 1. PROPERTY LEASED. Lessor hereby demises to Lessee approximately 686,049.52 square feet of unimproved Ground Space ("Ground"), at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as Lease Site 18N9 23N, 24N9 36N, and 25N-30N (Texas Jet Bundle) ("Leased Premises"), as shown in Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes. 2. The Lease is hereby amended by deleting Section 3.1.4, "Ground Rate," of the Lease in its entirety and replacing it with the following. 3.1.4 Ground Rate From October 1, 2013 until September 30, 2021, Lessee shall pay Lessor annual rent in the amount One Hundred Twenty -Two, Seven Hundred Sixty Eight and 88/100 Dollars ($122,768.88), which will be payable in twelve monthly installments of Ten Thousand Two Hundred Thirty and 74/100 Dollars ($10,230.74). 3. The Lease is hereby amended by adding Exhibit B to the Lease as attached to this Amendment. 4. Except as expressly modified in this Amendment, all other terms and conditions of the Lease shall remain in full force and effect. 5. The statements set forth in the recitals above are flue and correct and form the basis upon which Lessor and Lessee have entered into this Amendment. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. 6. 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 Page Follows) Fort Worth Meacham International Airport Texas Jet Partners, L.P.. Amendment No. 3 to CSC No. 33809 Page 2 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiples on this the Z3 / day of ,T,.,, , 2020. CITY OF FORT WORTH: By: � Fernando Costa Assistant City Manager Date: w 2S/2d1V a 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. rd GIVEN� ER MY HAND AND SEAL OF OFFICE this a� ..D day V uoem 1/ . 2020. °�a,� SELENA ALA �: Notary Pu61ic, State of Texa too Comm. Expires 03-31-2024 Notary ID 132422528 APPROVED AS TO FORM AND LEGALITY: omas Royce Hanse , Assistant City Attorney M&C: Approval Date: Form 1295, Fort Worth Meacham International Airport Texas Jet Partners, L.P.. Amendment No. 3 to CSC No. 33809 Page 3 of 6 Nafary Public in and for the State of Texas By: J. Kayser, City O��iCiAL REC®R® CITY SECRETARY FT. WORTH, TX Contract Compliance Manager, By signing I acknowledge that I am the person responsible for the monitoring and administration of this nce and reporting requirements. LESSEE: TEXAS JET PARTNERS, L.P. Managing Partner 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 Reed Pigman, Jr., 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 TEXAS JET PARTNERS, L.P. and that s/he executed the same as the act of TEXAS JET PARTNERS, L.P. for the purposes and consideration therein expressed and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE this 2020. .fib = My Notary Id # 6520242 of or, Expires May 10, 2022 ,� ••. Fort Worth Meacham International Airport Texas Jet Partners, L.P.. Amendment No. 3 to CSC No. 33809 Page 4 of 6 day Notary public in and for the State of Texas EXHIBIT B - ADDITIONAL PROPERTY SURVEY 5 i7 CONCRETE ESY/AY TAXILAYE E ry rG'1'4FL >97'7:TT Y.' Lnr.; tf trJVEFEIe L_ PROPOSED LEASE tern"q t11 7,847 SO. FT _I N RJ'a7ni'» 1•laz {iAv {yF EOl FEN, 6tOCK 1 MCACHAV AIRPORI INSTRUMFN7 NO. D216220061 RR.T.C.T. f CDhTOi(�GYR4V� f.REYLR. YN NAt N•s4]I 14'..TJ 53F1.'.n AN%cilTfNp IY ftikf. N `IE E11`.I LPP-M IDT TR 441 FHF. NEST IGfAR.OF A'AT OT F E IImraw AE Or NJVIN NRN S7RiF 59?•if W!9' _ HANf,ER 29N ` TUM Jf7 PAR771£R50 t.f: 'FAST 1NSFRU.V£7ll NO. D2)4243602 DR7.C.T. 30 &a • lw CRAOHIC SCALE V I'M - I � ULSCPPna4: f` BbW FAA? 50UM FEET Or LAMS LOCARD IN TWZ JAVES WVyAtt SUINIY, AVOTRACT W, I05, R7 tot mrr 0r PORT "T4, TAARANI COUNTY, it%A:, AND K140 A PART Of I01 IR. 3LCCR t, NfALM411 AIRI0R1 ADOtION, m A0041nN 10 LNC CITE of FORT NW1N, rA94ANT COUNTT, TEXAS, A mOrhG 7n OIL AXFIAT THEREOF RECORDED UNIT* 14570UNENT KWUR o2m7D0P+, PLAT PCCO 4p rARFIIlt CfA1VTT, TEXAS (P.R.T.t.i.) AND nONG NORE RARTKVULRLY USCANY0 IN RITES ANb ODUtws AS FOLLOWS! 'n DIGIt4Ne AT A POINI ,W fig MOAN IEASC LN! IF IJUP 41 PA"kUli• LP, UASI, tRCORD:D IN 14ST8WEAT hLUKt 0214743g77. DIED RrbORDS. . TA;NWANI tOUR/T, R 5 (vW'T.C1J, /PDR WtfC me Npt141AST CONNEP Of IIA45rll WL14N7 214 KARS SOUIN WZVOO- WEST A 09TANCI Or .171I1 W? AND THE SOUTKA5I CONSI(ft OF HANGER BUILCNNG 79N BEARS S114913" WEST A OSIAW.E N 154,17 FEET AND AV or CIJr N CONCRETE N III, �•, EAST LINE Of SA10 LOT IQ A40 TFE WLSS RgNt-Of-'Y4Y LK Of ROSIN UAW STRER (4 VARARIE WIM14 RIOµT-pT_rAY). BEAK SWtH RR•351S5' EA[r Q A PSTANCE OF $Y" FEET. TNL4l'f 43RI11 47142109' WEST AaONq SAO NORTH LINE. A bOTA4q 154.30 FEET TO A ""I TWA" M'(R AND ACROSS SAID TOT 1R4 4EHTJULLY OI/H tilt tox Of CONCRETE, r4I IOLLOYING SIX id) CWRNS AND DISTAXCES: d NORTH Ot"19•SE' "me 5.09 FEET 10 A NSNf AT IN[ SE6101110 0I A hCN-TA40EN7 C'1NL TO tHL RIUII, 5AM CURVE TLANNO A NANDI$ Cr 55:0 ItEALOvO SAND CURVr TO THE 1110041 A bt l7 C OF $a25 FEET, A CCOA ANRIT Or AV4500)' ASO A Cln7O FLAPING AND CISIANLf G flmI V irTWr CAST, 76.2S Fitt ID A T01YTI Nyi NLhfT4 WA707' WI, A 1115rA4CE Of 1.21 fLft TO A P51NT; SCNN B7•hh'7S E4ST6 A OISTANCL Dr 3007 FELT TO A PGIRI; 3 30UM 01'70.49' NEST, A DISTANCE OF I.PS FEET 10 A PORI AT TNT ECONNINO O A NIN-MWAW CLRYE TO IN[ 46NT, NAYNG A Will 0f 3 n-0D FEETI AMC SAM CURVE TO THE NFOH7, A MSJAKJ OF 106,04 TE[i. A DELTA ANGLE Of Rr2GD[" ASO A CHORD WARI40 AND DISTANCE Cf Aa SOUTV 49.35'16' (AI:I, A OIST44DL DI 95.71 FEET TO "PIE OMNI Of WGINNtNG. OJN1AfNISO F,e47 5OUARC FEET, 10091. OT LISS. C2EC.N W 1BRSTS 01 Of1RU�. OEpryED CROR fK ]ERAS OOOPDNATE SYYI[N Df 19R3. N10R5 LR911)), NORTH CCNT4Al 2bV( (170>T fNE 9KTAM OR ARE AC"W 1 TO 4URfACT US'W A COAq( " U' SCALE PACfOR OF gg9iRlCOIA, tt04OWl[R SFONV 4R[ 0111L' VYUFS 2. 51afb rMI4EgiN0 coma 00 401 45STRACI IM FRnFtM FOR USEULhIS, MW-OF-WAY OR A41 OlUtIl RCU1010AKYS. IMF LA40i DEPICTED NtRTO4 C44 RC SUUXCt TO OSNEf! R FAStYrNTS, RESTAICTOIFL ANC• RCSERV41107! Or RfO0R0. RCT �\ �lL+'`J k.1fL. UONN OR REfEREWICEO, U INNNHLAS' D 3. THIS 170101 DOES NOT K_FLCCT ART IJ91)E4610J40 UDLIT2h4 flLti011 AE0 K07ISSIOMe.t ^ CASTNERT OF RLCORO OR OrPER EN JWBRAWtS TNAI NAY AFFECT LANDS{7RVEYOR W NI)0.5'ArEU y THE upgv TRACT, rENAi71R11 ND.:DIISRC SHIELD i,i,G.T. PLAT RFf(ip5 TARRAN7 COI7NTY, TFBI'AS R TOT. DEED RECOflp$ TARRAM COL'NPf, 1EX45 LNOINLLRINO OROU► U CAI.CFJIATFb FUINF THE TERM Bh1103111 - T9A5 Tom 410rP„q0 Fort Worth Meacham International Airport Texas Jet Partners, L.P.. Amendment No. 3 to CSC No. 33809 Page 5 of 6 LEASE EXHIBIT NANLJER 29N GXTENBION Ff fY: fi iH1 :AYLS WryJtE SUMEf, AAD DEW A EAST CC LU1 Rltly NStm.NEH' RSIXG21fi12Dedt F.R.l T Cm CF FCAt ■5mu, City of Fort Worth, Texas Mayor and Council Communication DATE: 06/16/20 M&C FILE NUMBER: M&C 20-0407 LOG NAME: 55FTW LEASE AMEND 3 FOR TEXAS JET BUNDLE LEASE SUBJECT Authorize the Execution of an Amendment No. 3 to City Secretary Contract No. 33809, an Unimproved Ground Lease Agreement, known as the Texas Jet Bundle, with Texas Jet Partners, LP, to include 7,847 Square Feet of Land Adjacent to Hangar 29N at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 3 to City Secretary Contract No. 33809, an Unimproved Ground Lease Agreement, known as the Texas Jet Bundle, with Texas Jet Partners, LP, to include 7,847 square feet of land adjacent to Hangar 29N at Fort Worth Meacham International Airport, DISCUSSION: On April 11, 2006, the City (Lessor) and Texas Jet Partners, LP (Lessee) entered into City Secretary Contract (CSC) No. 33809, a Ground Lease Agreement for the lease and use of real property known as Lease Sites 18N, 23N, 24N, 36N, and 251\1-30N (Texas Jet Bundle), consisting of a total of 719,341,52 square feet of ground space at Fort Worth Meacham International Airport. CSC No. 33809 contains a 25-year lease term that would expire on September 30, 2031 and did not include provisions for renewal terms. On November 12, 2012, (M&C C-25973), Amendment No. 1 to CSC No. 33809 was approved (CSC No. 33809-A1) to remove Lease Site 24N, comprised of 41,139 square feet of ground space. The remaining sites total 678,202.52 square feet of ground space. On January 28, 2014, (M&C C-26651), Amendment No. 2 to CSC No. 33809 was approved (CSC No. 33809-A2) to make significant improvements to Lease Sites 18N, 23N and 27N. In consideration of these improvements, Texas Jet requested that a renewal term equal to 15 years be added to the Agreement in order to bring it to an aggregate total of 40 years, as allowed under Chapter 22 of the Texas Transportation Code. Lessor and Lessee now wish to amend the lease to include an additional 7,847 square feet of land consisting of a helipad and surrounding apron adjacent to Hangar 29N. If approved, the total square footage of the Texas Jet Bundle will be increased to 686,049.52. If approved, beginning the first day of the first month following the Effective Date of the amended lease until September 30, 2021, Lessee shall pay Lessor annual rent in the amount of One Hundred Twenty -Two Thousand Seven -Hundred Sixty -Eight and 88/100 Dollars ($122,768.88), which will be payable in twelve monthly installments of Ten Thousand Two Hundred Thirty and 74/100 Dollars ($10,230.74). Beginning October 1, 2021, Lessee's rental rate shall be adjusted to equal the then current unimproved ground rental rate prescribed by the Schedule of Rates and Charges. On October 1, 2022, and on October 1 each year thereafter, rental rates shall be subject to an increase based on the upward percentage change in the Consumer Price Index for the Dallas -Fort Worth Metropolitan area. At no time will the adjusted rate exceed the rate that is current in the Schedule of Rates and Charges. If approved, all terms and conditions of the lease agreement will be in accordance with City of Fort Worth and Aviation Department policies. ADVISORY BOARD APPROVAL: On May 21, 2020, the Aviation Advisory Board voted to recommend that the City Council approve this action. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and execution of the lease, funds will be deposited into the Municipal Airport Fund. The Aviation Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office bv: Originating Business Unit Head: Fernando Costa 6122 Bill Welstead 5402 Additional Information Contact: Ricardo Barcelo 5403