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HomeMy WebLinkAboutContract 40221-M1 (2)CITY SECRETAfty CONTRAcT NOE CSC# 40221 - D ORIGINAL MEMORANDUM OF GROUND LEASE STATE OF TEXAS § COUNTY OF TARRANT § This MEMORANDUM OF GROUND LEASE ("Memorandum"), is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation organized under the laws of the State of Texas, having an address at 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Lessor"), and TEXAS JET PARTNERS, L.P., having an address at 120 Aviation Way, and 116 Aviation Way, Fort Worth, Texas 76106 ("Lessee"). RECITALS: A. On May 13, 2010, Lessor and Lessee entered into a Ground Lease Agreement ("Agreement") for Lease Site 35N and 37N("Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas. B. The parties have agreed to enter into this Memorandum for the purposes of recording notice of the Lease to protect the rights and interests of Landlord and Tenant as to third parties. NOW, THEREFORE, the parties hereby make the following declarations: 1. The parties to the Agreement are the City of Fort Worth as Lessor, and TEXAS JET PARTNERS, L.P., as Lessee. 2. The Premises consist of approximately 128,474 square feet of ground space situated at the Airport, as more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. 3. The term of the Agreement commences on May 13, 2010. The term of the Agreement is thirty (30) years, unless sooner terminated in accordance with the provisions of the Agreement. 4. Should Lessee perform and abide by all provisions and conditions of the Agreement, upon expiration of the Initial Term, Lessee shall have two (2) options to renew for an additional five (5) year term ("Renewal Term"). 5. Lessee has agreed, pursuant to the terms of the Agreement, to use and/or occupy the Premises solely for aviation -related purposes only and strictly in accordance with the terms and conditions of the Agreement. 6. In the event of any conflict or any inconsistency between the terms and provisions of the Agreement, on the one hand, a n • t e terms an • provi ions of this Memorandum, on the other hand, the terms and provision OFELGL all control. Nothing contained in this CITY SECRETARY FT. WORTH, TX RECEIVED JUN 09'2014 Memorandum shall alter, modify or amend the provisions of the Agreement, which remains in full force and effect according to all of the terms and provisions thereof. 7. Additional provisions are as set forth in the Agreement, including, without limitations, provisions regarding ownership of improvements. 8. The person signing this Memorandum hereby warrants that he/she has the legal authority to execute this Memorandum 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. The other party is fully entitled to rely on this warranty and representation in entering into this Memorandum. [Signature Pages Follow] IN WIT . ESS WHEREOF, the parties hereto have executed this Memorandum on this the ay o' ,/ , 2014. LESSOR: CITY OF FORT WORTH By: ..ce Fernando Costa, Assistant City Manager STATE OF TEXAS COUNTY OF TARRANT § 34' Date: 6/S--//¢ 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 , 2014. EVONIA DANIELS Notary Public, State ofTexas My Commission E pfires July 101 2017 41111/4. fri-c,.2 'rotary Public in and for the tate of Texas APPROVED AS TO FORM AND LEGALITY: By: (y4n Ct; +iz Charlene Sanders, Assistant City Attorney Date: FFICIAL RECORD CITY SECRETARY LESSEE: By: Date: Reed »_man, Jr. President STATE OF eps COUNTY OF �j'7 § BhFORE 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 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. GIVEN UNDER MY HAND AND SEAL OF OFFICh this , 2014. 3 Al Notary Public in and for the State of Texas day k-1/2"IRF Z 0 715 (PLAT) \r G tf l� W4. P.O.B. 4 73 LEASE 35N I m X= 2318918.37 1r Y= 6985058.88 S LEASE SITE 38N SEE MAP FILE l467310D01 OF EVEN DATE BLOCK 1 LOT A-1 •• MEACHAM AIRPORT ADDITION ' • CABINET A, SLIDE 2446 P.R.,T.C.,T. N 81'13'18" E 51535 LEASE SITE 37N AREA: 2.164 AC. +- (94,261 S.F.+-) 207.52' S 88'33'46" W I J LEASE SITE 35N AREA: 0.785 AC. +- (34,213 S.F.+-) H PROPOSED HANGAR A 5 01'54'49" E -► 51.74' 156.36: S 13414'55" W 18t,34' 1/2IIRF r'I MARK Not CUT IN CONCRETE RET-WALL P.O.B. LEASE 37N I/E EASEMENT X= 2319385.0 Y= 6985417.06 S 0707'33" E -► 34.98' PROPOSED HANGAR B 5 88'33'0" W TEXAS JET LEASE S 88'05'11" W 305.49' --- - - 5H1'l4'55"W TEXAS JET LEASE SITE 'A' SA. & M.G. RR. 60. SURVEY A-14$4 APPROXIMATE SURVEY LINE • DENOTES A 5/8"IRS WITH A RED PLASTIC CAP STAMPED "CITY OF FT, WORTH SURVEY DIVISION" UNLESS OTHERWISE NOTED HEREON. 50 0 50 100 150 GRAPHIC SCALE IN FEET 1"=5O' 5/8"IRE CFW REOCAPPED N 81' 18'28" E 31.36' 5/8'IRF CFW REDCAPPED be 81'18'28" E 9.>�0' 219.02' s 604'551' TEXAS JET LEASE SITE 'B' BLOCK 1 MEACHAM AIRPORT ADDITION CABINET A, SLIDE 2446 P.R.,T.C.,T. NOTE: In occurdence with the Texas Board of Professional Land Surveying, General Roles of Procedures and Practices, 663.19(9), This "report" consists of the map as shown hereon, and real property description being attached herewith, \J. WALLAGE SURVEY A-I6705 ➢ASIS OF HEARINGS) CITY OF FT. WORTH INTEGRATED G,P,S, NETWORK SYSTEM, N.A.D. 83, NORTH CENTRAL TEXAS ZONE. DISTANCES ARE GROUND MEASUREMENTS. SURVEYED ON THE GROUND IN JANUARY, FEBRUARY Si MARCH OF 2010 R. 20L00• L. ssse• e - !roar T• 27.73' a 55.20' S I30'40* AREA' 2,034 SFn- e Rued' eOS - INSERT (N.T.S.) INGRESS -EGRESS EASEMENT HHHH H. N 13'21'15" E 25.98' 5/8"IRF CFW REOCAPPED PORT PORTS MEACHAM INTERNATIONAL AIRPORT VICINITY MAP PROPOSED HANGAR CORNER posmoNS LATITUDE LONGITUDE A 3749.32.415'N 9721'29.504'W B 3749'33.850"N 9721'29.529"W C 3749'33.86B"N 9721'28.064'W 0 32'49'32.433'N 9721'28.040'W E 3749433.133"N 9721'29.516"W F 3249'33.150'N 9721'28.052"W G 32'49'31.402"N 9721'32.550"W N 3749'31.952"N 9721'32.559'W 1 32'49'32.501"N 9721'32.568'W J 3249'32.516"N 9721'31.303"W K 3249'31.987N 9721'31.294"W L 32149'31,418'N 9721'31.284'W M 3749'31.604"N 9721'31.053"W N 3249'32.386"N 97'21'31.088'W 0 3249'32.438"N 97'21'27.571 "W P 3749'33,873"N 9721'27.595"W 60dNol Found MEACHAM BLVD. R.O.W. LOOP '0 10.0' ONCOR ELECTRIC S 13'21'15" L DELIVERY Ca. EASEMENT 8.90' \ MAP OF SURVEY SHOWING LEASE SITES 35N & 37N WITH INGRESS -EGRESS EASEMENT SITUATED IN LOT A-1, BLOCK 1, MEACHAM AIRPORT ADDITION ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 2446, PLAT RECORDS OF TARRANT COUNTY, TEXAS. NOTE: THIS MAP SUPERCEOES MAP DATED: 2-08-20I0 FILE NO. 467J10801 Mrp Prepared by Store 0; xlmerar Cat Ja7J015-2X1W On WORTH 7rensporisfioa & Public A'orks Dept Surveying Services DATE 3-19-2011, SCALE t' • 5131 DRAWN RI SRC Mt N0, 467111CA_ our N Is. awn it UM IM.l4M..n 3 )ea Ph 3149141 Exhibit "A" FoRT WORTFI LAL °R0 °ERYY 2 t ESCte I rlIof LEASE wiz �85 Being a parcel of land out of Block 1 and Lot A-1, Block 1, Meacham Airport Addition, according to plat recorded in Cabinet A, Slide 2446, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVISION" for the southwest corner of the herein described parcel and being in the easterly O.F.A.(object free area) line, all 5/8" irons set being so capped unless otherwise noted hereon; THENCE: North 08 degrees 45 minutes 49 seconds West, 188.33 feet to a 5/8" iron rod set for the northwest comer of the herein described parcel; THENCE departing said line, North 88 degrees 33 minutes 46 seconds East, 207.52 feet to a 5/8" iron rod set for the northeast comer of the herein described parcel THENCE: South 01 degrees 54 minutes 49 seconds East, at 27.35 feet pass a 5/8" iron rod set, in all, 111.93 feet to a "+" cut on concrete retaining wall THENCE• South 88 degrees 05 minutes 11 seconds West, 5.0 feet to a 5/8" iron rod set; THENCE South 01 degrees 54 minutes 49 seconds East, 51.74 feet to a 5/8" iron rod set for the most southerly southeast corner of herein described parcel; THENCE* South 81 degrees 14 minutes 55 seconds West, at 156.34 feet passing a YZ" iron rod found for the southwest corner of said Lot -Al, in all 181.34 feet to the Place of Beginning, and containing some 0.785 acres (34 213 square feet) of land, more or less. Surveyed on the ground in January, February & March of 2010. Basis of Bearings: City of Fort Worth Integrated G.F.S. Network System, N.A.D. 83, North Central Texas Zone. Distances are ground measurements. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAX 817-392-7895 fry- Exhibit "A" 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. 4673 10F0 1HKHSRC. do c TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES 3/6400 THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * Fax 817-392-7895 Exhibit "A" JORT WoRT 11 REAL ePE',eTY M AARI °'PION FBR LEASE „'' ge371Vh Being a parcel of land out of Block 1 and Lot A-1, Block 1, Meacham Airport Addition, according to plat recorded in Cabinet A, Slide 2446, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set with a red plastic cap stamped `CITY OF FT. WORTH SURVEY DIVISION" for the most northerly northeast corner of the herein described parcel, all 5/8 ' irons set being so capped unless otherwise noted hereon; THENCE: South 07 degrees 07 minutes 33 seconds East, 34.98 feet to a 5/8" iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY SECTION" for the most southerly southwest comer of Westgrove Asset Management Lease Site according to City Secretary Contract No. 33517; THENCE: North 81 degrees 18 minutes 28 seconds East, 9.80 feet to a 5/8" iron rod set at the beginning of a non -tangent curve to the left having a radius of 315 23 feet; THENCE' with said curve left through a central angle of 58 degrees 58 minutes 14 seconds the long chord of which bears, South 48 degrees 09 minutes 03 seconds East, 310.31 feet, and arc distance of 324.44 feet to a 5/8" iron rod set at its end; THENCE: departing said curve South 13 degrees 21 minutes 15 seconds West, 8.90 feet to a 5/8 ' iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY SECTION", for the most southerly southeast corner of Lot A-1, Block 1, of said plat; THENCE: South 81 degrees 14 minutes 55 seconds West, 219.02 feet to a 5/8" iron rod set for the southeast corner of Texas Jet Lease Site; • THENCE' North 01 degrees 26 minutes 14 seconds West, 95.90 feet to a 5/8" iron rod set for its northeast corner, THENCE* with the north line of said Texas Jet Lease Site South 88 degrees 33 minutes 46 seconds West at 300.0 feet pass its northwest comer, in all, 311.29 feet to a 5/8" iron rod set; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * Fax 817-392-7895 Exhibit "A" THENCE: North 01 degrees 54 minutes 49 seconds East, 27.35 feet to a 5/8" iron rod set; THENCE• South 88 degrees 33 minutes 46 seconds West, 207.52 feet to a 5/8" iron rod set for the most westerly southwest corner of the herein described parcel; THENCE* North 08 degrees 54 minutes 49 seconds West, 94.44 feet to a 5/8"iron rod set for the northwest corner of the herein described parcel; THENCE* North 81 degrees 13 minutes 18 seconds East, at 25.0 feet passing a 5/8" iron rod set for the southwest corner of Lease 38N, in all, 515.75 feet to the Place of Beginning, and containing some 2.164 acres (94,261 square feet) of land, more or Less. Surveyed on the ground in January, February & March of 2010. Basis of Bearings: City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North Central Texas Zone. Distances are ground measurements. 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. 467310E01 HKHSRC.doc Fa ' AA �jt 1 HAWS K.HAi";LN . toy :Oc . TRANSPORTATION AND PUBLIC WORDS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAX 817-392-7895