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HomeMy WebLinkAboutContract 40981-A1 (2)CITY SECRETARY CONTRACT NO. AMENDMENT NO. 1 TO CSC NO. 40981 FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 45S 3800 LINCOLN AVENUE This AMENDMENT NO. 1 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal corporation acting by and through Fernando Costa, its duly authorized Assistant City Manager, and RICHARDSON AVIATION ("Lessee"), acting by and through Thomas W. White, its duly authorized Vice President. RECITALS WHEREAS, on or about October 22, 2010, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 29135, a hangar and ground lease agreement for a 260,569 square feet of ground space which includes a 32,800 square foot hangar known as Lease Site 45S ("Leased Premises"), at Fort Worth Meacham International Airport ("Airport"). CSC No. 40981 shall hereinafter be referred to as the "Lease"; WHEREAS, on April 16, 2013, (M&C G-17866), Lessor and Lessee entered into a Reimbursement Agreement, CSC No. 44391, to facilitate the Remote Transmitter/Receiver ("RTR") Towers Relocation Project which would then provide the Lessee the ability to add ground space to its current Premises needed to construct a hangar; WHEREAS, on or about May 1, 2014, the RTR Towers Relocation Project will be successfully completed; and WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the expansion of the Premises by an additional 73,547 square feet of ground space. NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, Lessor and Lessee herby agree as follows: 1. Section 1. "Property Leased" of CSC No. 40981 is hereby amended to read as follows: PROPERTY LEASED. Lessor hereby demises to Lessee 334,116 square feet of ground space ("Ground"), including a 32,800 square foot hangar ("Hangar") and 66,800 square foot aircraft parking ramp constructed at the Airport in Fort Worth, Tarrant County, Texas, identified as Lease Site 45S, also known as 3800 Lincoln Avenue, (collectively, the "New Premises"), as Richardson Aviation Amendment No. 1 to CSC No. 40981 Fort Worth Meacham International Airport Page 1 of 4 RECEIVED APR 1 41014 OFFICIAL a ECORD CITY SECRETARY FT. WORTH, TX tT shown in Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes. 2. Section 3. "Rent" of CSC No. 40981 is hereby amended to read as follows: RENT. 3.1.2. Ground Rate. Lessee shall commence the payment of rent for the Ground on May 1, 2014. From the Effective Date until September 30, 2015, Lessee hereby promises and agrees to pay Lessor, as annual rent for the Ground, Ninety Thousand Two Hundred and Eleven Dollars and Thirty Two Cents ($90,211.32), at a rate of Twenty Seven Cents ($0.27) per square foot of land, payable in equal monthly installments of Seven Thousand Five Hundred and Seventeen Dollars and Sixty One Cents ($7,517.61). 3. 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. 4. The person signing this amendment hereby warrants that he/she has the legal authority to execute this amendment on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Amendment or any amendment hereto. IN WIT on this the SS WHEREOF, the parties hereto have executed this Agreement in multiples day ofc� , 2014. CITY OF FORT WORTH: Fernando Costa Assistant City Manager Date: 4/10/14 STATE OF TEXAS COUNTY OF TARRANT Richardson Aviation Amendment No. 1 to CSC No. 40981 Fort Worth Meacham International Airport Page 2 of 4 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. D GIVEN Up1DER MY HAND AND SEAL OF OFFICE this day , 2014. ROSELLA BARNES MY COMMISSION EXPIRES March 31, 2017 APPROVED AS TO FORM AND LdEGALITY: By: #.01(0 41/di /kV Charlene Sanders Assistant City Attorney m&c: e-24-755- Approved: 11- �' Aq LESSEE: RICHARDSON AVIATION By: Thomas W. White Vice President Date: M i r( ag 14 STATE OF TEXAS § COUNTY OF caknet_A-e § Richardson Aviation Amendment No. 1 to CSC No. 40981 Fort Worth Meacham International Airport Page 3 of 4 Notary Public in and for the State of Texas ATTEST: By: ATTEST: By: Mary J. K ser City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Thomas W White, 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 Richardson Aviation and that he executed the same as the act of Richardson Aviation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this PA C- , 2014. BRENDA E NORMAN NOTARY PUBLIC STATE OF TEXAS My Oon t Exp. 03-10-2016 Richardson Aviation Amendment No. 1 to CSC No. 40981 Fort Worth Meacham International Airport Page 4 of 4 Notary Public in and for the State of"Texas day Exhibit "A" (SEE INSERT /2) 10.2' 13.11 13.03' v 12.62' TACK. PLUG IN GUTTER N 87'52'01" W 54.111 (SEE INSERT /1) \E 1/2`IRF 125.45' S 87'47'02' E 138.07' 1/29RF 1/29RF C.M.= CONTROL MONUMENT O DENOTES A 5/8" IRON ROD CAP STAMPED "CITY OF FT. • DENOTES A 5/8" IRON ROD CAP STAMPED 'CITY OF FT. L1= N 02'16'22" E 57.76' L2= N 02'16'22" E 47.22' L3= N 02'16'22" E 125.25' 0 1/2`IRF JOHN RINGER SURVEY A-1939 45 P.O.B. LEASE 45S 1/21RF X= 2318152.18 Y= 6980425.36 • • 9 v'v �, a -CONCRETE . e e v v. / v"v e v AREA: 7.67 ACRES (+/-334,116 S.F.) /, / / / ° v / // / //////////// / e 1v y A / / .:.pA. - FP II ".. ev:d v V ° v �)vp / / • I:vev v'vA.'p v.e.Li a • 1%z'utF • / / / A. e 1' °, F• e a e a. a V e 1 ,p°.d v / 1/2°IRF• v- ve 1 . e'.., p. ved°.v e.p e'v vve'a e e vd . •I 5.63' CONCRETE e v. a a.. V a 4.. a . 1 v p . ve 6 • dp • • e v i• • 1 y °e ' ° . ° v v I a I .. v •a e e v• v' ve v ° e e e ae • a 1 e p p e v ve .. v a . v' • V . A p V. •v. vIs I' v ae I ,a ts 1• 3/4IRF 1/2'IRF BEARS: N 32'36'31' E 0.39' S 81' BLOCK 3 MEACHAM AIRPORT CABINET A, SLIDE 2445 P.R.,T.C.,T. SET WITH A RED PLASTIC WORTH SURVEY DIVISION" FOUND WITH A RED PLASTIC WORTH SURVEY DIVISION" CURVE DATA RADIUS LENGTH DELTA I TANGENT CHORD BEARING C1 565' 123 25' 12'29'56' 61.87' 123.01' N 10111'39* W C2 565* 51.13' 05'11105' 25.58' 51.11' N 00115159' W BEARING BASE: CITY OF FORT WORTH INTEGRATED G.P.S. N E. IWORK SYSTEM, N.A.D. 83, NORTH CENTRAL TEXAS ZONE. DISTANCES ARE GROUND MEASUREMENTS. 60 0 60 120 180 41S m N CONCRETE . BLOCK 3 MEACHAM AIRPORT CABINET A, SLIDE 2445 P.R.,T.C.,T. 1/2"IRF (C.M.) = 60' N 83'36'35" W 1.41' METAL FENCE POST N 03'04'13' W 10.16' METAL FENCE POST N 7318142' E 1.37' INSERT , 1 (N, T. S.) 2.50' N 02116122' E METALOST FENCE P GI METAL FENCE POST INSERT #2 (N. T. S.) (C.M.) S 8114'27' W 25.57' MAP OF SURVEY SHOWING MEACHAM AIRPORT LEASE PARCEL 45S SITUATED IN BLOCK 3, MEACHAM AIRPORT ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 2445 PLAT RECORDS OF TARRANT COUNTY, TEXAS. NOTE: NOT ALL IMPROVEMENTS LOCATED ON THE SUBJECT PROPERTY AT THE TIME OF SURVEY ARE REFLECTED HEREON. NOTE: THIS MAP SUPERSEDES MAP PRODUCED ON 12-02-2013 GRAPHIC SCALE IN FEET SURVEYED ON THE GROUND IN SEPTEMBER OF 2012. d b Steve R. a,oeeae CST. IDtlofs-sse5l Qy...a. TWOR Transportation & Public Works Deb Surveying Services DATE REV 3/25/14 SCALE 1' a 60' DRAWN BY CDH FILE NO. 662113A02 Vert..Ts. ,O,...ater.a rt. Wit Ps 11W71e5 Exhibit "A" Mtit PROPERTY DESCRIPTION" A1CRP- . SS A parcel of land situated in Block 3, Meacham Airport, as recorded in Cabinet A, Slide 2445, Plat Records of Tarrant County, Texas, and including a portion of that certain tract of land known as Richardson Aviation according to Lease recorded in Volume 8617, Page 1663, Deed Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2" iron rod found at the most northerly northeast corner of herein described parcel; Thence: South 52 degrees 07 minutes 55 seconds East, 123.67 feet to a 1/2" iron rod found for the easterly northeast corner; Thence: South 08 degrees 45 minutes 16 seconds East, at 295.69 feet pass a 5/8" iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVISION"(all 5/8" iron rods found so capped unless otherwise noted), in all continuing 560.18 feet to a 5/8" iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVISION" at the southeast corner of herein described parcel Thence: South 81 degrees 14 minutes 27 seconds West, at 25.57 feet pass a 5/8" iron rod found for the northeast corner of Meacham Lease 41S continuing 359.58 feet pass a 3/4" iron rod found in all continuing 555.69 feet to a 1/2' iron rod found in the easterly right-of-way line of Lincoln Ave. (60.0' right-of-way per plat monumented as a 70.0' right-of-way) at the beginning of a curve to the right having a radius of 565.0 feet; Thence: with said curve through an arc length of 123.25 feet whose chord bears: North 10 degrees 11 minutes 39 seconds West, 123.01 feet to a point lying in a chain link fence line; Thence: departing said right-of-way line and generally along said chain link fence, North 73 degrees 18 minutes 42 seconds East, 1.37 feet to a metal fence post Thence: with said fence line, North 03 degrees 04 minutes 13 seconds West, 10.16 feet to a metal fence post; Thence: with said fence line, North 83 degrees 36 minutes 35 seconds West, 1.41 feet to the easterly right-of-way line of Lincoln Ave (60.0' right-of-way per plat monumented as a 70.0' right-of-way) at the beginning of a curve to the right having a radius of 565.0 feet; Thence: with said curve through an arc length of 51.13 feet whose chord bears: North 00 degrees 15 minutes 59 seconds West, 51.11 feet to a 5/8" iron rod found; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES Tuur CPTV of Four WoRnn * 8851 Camp Bowie Blvd West * Four Wotan, TEXAS 76116 817 392-7925 * Fax 817-392-7895 Exhibit "A" Thence: North 02 degrees 16 minutes 22 seconds East, at 57.76 feet passing a 5/8" iron rod found and further 125.25 feet pass a 5/8" iron rod found, and further 47.22 feet pass a 5/8" iron rod found with a red plastic cap stamped "CITY OF FT WORTH SURVEY DIVISION", continuing in all 441.70 feet to a point lying in a chain link fence line; Thence: North 70 degrees 35 minutes 14 seconds East generally along said chain link fence, 2.92 feet to a metal fence post; Thence: North 02 degrees 37 minutes 52 seconds East generally along said chain link fence, 28.38 feet to a metal fence post; Thence: North 63 degrees 26 minutes 25 seconds West generally along said chain link fence, 3.17 feet to a point in a fence line and lying on the monumented easterly right-of-way line of said Lincoln Avenue; Thence: North 02 degrees 16 minutes 22 seconds East 2.50 feet to a 5/8" iron rod set for the northwest corner of herein described parcel; Thence: North 81 degrees 17 minutes 11 seconds East, at 29.43 feet passing a 1/2" iron rod found, continuing in all 374.45 feet to the Place of Beginning, and containing 7 67 acres (334,116 square feet of land) Surveyed on the ground in September of 2012. Basis of Bearings: The City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North Central Texas Zone. All distances are ground measurements. Bearing base line as shown on Map of Survey. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663 19(9) this report' consists of the hereon real property description, and a Map of Survey being attached herewith. Revised northwest and northeast corner March 25, 2014 and this map supersedes Map of Survey produced in December 2, 2013. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES Tiii: Crnv of FORT WoRru * 8851 Camp Bowie Bh'd West * Fowr Wowni, TEXAS 76116 817 392-7925 * FAX 817-392-7895 City of Fort Worth, Texas ayor and ouncil Communication COUNCIL ACTION. Approved on 4/8/2014 DATE: Tuesday, April 08, 2014 LOG NAME: 55FTW AMENDONE RICHARDSON SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 40981, a Hangar and Ground Lease Agreement with Richardson Aviation, for Expansion of Lease Site 45S Located at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) REFERENCE NO.: **C-26755 RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary Contract No. 40981, a Hangar and Ground Lease Agreement with Richardson Aviation, for expansion of Lease Site 45S located at Fort Worth Meacham International Airport. DISCUSSION: On October 12 2012, (M&C C-24528) the City Council authorized a Hangar and Ground Lease Agreement for Lease Site 45S, also known as City Secretary Contract (CSC) No. 40981 with Richardson Aviation (Richardson) at Fort Worth Meacham International Airport (Meacham) Lease Site 45S consists of 260,569 square feet of ground space and includes a 32,800 square foot hangar. The Agreement provides for a 10 year initial term, set to expire September 30, 2020, with three options to renew at 10 years each In early 2013, Staff received a request from Richardson to expand Lease Site 45S by 56,536 square feet to construct an additional hangar. In order to expand the site and provide Richardson the opportunity to construct this hangar, an Agreement was needed with the Federal Aviation Administration (FAA) to relocate FAA -owned Remote Transmitter/Receiver (RTR) Towers adjacent to the lease site Since the FAA cannot enter into Agreements with Lessees, on April 16, 2013, (M&C G-17866) the City Council authorized execution of a Non Federal Reimbursable Agreement with the FAA for the RTR Relocation Project (Project). The Project is nearing an end with completion expected to be in April 2014; therefore, Staff is ready to move forward with Richardson's request as it finds no objection with additional development of the site. The added 56,536 square feet of ground space, at a ground rate of $0.27 per square foot, will generate additional revenue of approximately $15,264.72 annually approximately $1,272 06 monthly. All other provisions and conditions of the lease shall remain in full force and effect. The property is located in COUNCIL DISTRICT 2, Mapsco 48W. 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 AMENDONE RICHARDSON Page 1 of 2 FUND CENTERS: TO Fund/Account/Centers PE40 491052 0551101 $15, 264.72 FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Bill Welstead (5402) Jonnie Huitt (5409) ATTACHMENTS 1. 55FTW AMENDONE RICHARDSON Exhibit.pdf (Public) Logname: 55FTW AMENDONE RICHARDSON Page 2 of 2