HomeMy WebLinkAboutContract 13160-A4 CITY SECRETARY ,f
GO.ITRACT N0..�JLC—A '
AMENDMENT NO. 4 TO
CITY SECRETARY CONTRACT NO. 13160
AS PREVIOUSLY AMENDED AND ASSIGNED
GROUND LEASE AGREEMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
(HANGAR 10S-A)
This AMENDMENT NO. 4 ("Agreement") 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 and ZIA CAPITAL, INC. ("Lessee"), a Texas company.
RECITALS
WHEREAS, Lessor and Barrett-Conatser Hangar Joint Venture ("Previous Lessee"),
previously entered into City Secretary Contract ("CSC") No. 13160, as first amended by, CSC
No. 19263 (CSC 13160-A1) and assigned by CSC No. 13360, a lease and use of real pr perty
known as Lease Site 1 OS-A and any improvements and facilities thereon ("Leased Premis s") at
Fort Worth Meacham International Airport ("Airport").
WHEREAS, Lessor subsequently consented to the Assignment of the Lease by the
Previous Lessee to Lessee, via CSC No. 25932. CSC Nos. 13160, 19263, 13360 and 259�2 are
hereinafter collectively referred to as the "Lease". The Lease is a public document on file in
Lessor's City Secretary's Office.
WHEREAS, the initial term of the Lease was for 30 years, with a termination date of June
30, 2013;
WHEREAS, the parties entered into the Second Amendment to CSC 13160 in 2009 (CSC
13160-A2) which (i) added two five-year Renewal Options to provide the Lessee a total po ential
lease term of forty (40) years which would bring the final termination date to June 30, 2023; and
(ii) also decreased the square footage of the ground space under the lease from 23,689 square feet
to 18,319 square feet;
WHEREAS, in 2018, the Third Amendment to CSC 13160 was executed (CSC 13160-
A3) which was intended to memorialize the second renewal term under the lease;
WHEREAS, due to an error within the body of CSC 13160-A3, the renewal incorrectly
stated that the parties were executing the first renewal under the Agreement;
CFW Meacham Airport
Zia Capital,Inc.
Amendment No.4 to CSC No. 13160 OFFICIAL REM RD
Page I of CITY SECRETARY
FT WORTH, X
WHEREAS, to correct this, both parties would now like to amend the Agreemen Il once
more to accurately reflect the intent of the parties under CSC 13160-A2 and acknowledge that
the Agreement is currently within its second renewal term and will terminate on June 30, 2 23 as
originally intended to ensure the Agreement meets the requirements under section 22.022 of the
Texas Transportation Code, "Duration of Certain Leases," which prevents any ground lease from
exceeding a term of forty (40) years.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Section 1 of CSC 13160-A3 is hereby repealed and deleted in its entirety and replaced with
the following:
1. The Lease is hereby renewed and extended for a second renewal term of five
(5) years, commencing on July 1, 2018 and expiring on June 30, 2023.
2. The statements set forth in the recitals above are true and correct and form the basil upon
which Lessor and Lessee have entered into this Agreement. The Lease is a public document n file
in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes.
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.
[Signature Pages Follow]
CFW Meacham Airport
Zia Capital,Inc.
Amendment No.4 to CSC No. 13160
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
on this the IRA day of NoyemL-e- , 2021.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date:_ //�/B 02(
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 r the
purposes and consideration therein expressed and in the capacity therein stated.
Nmvv0A.,,
EN UNDER MY HAND AND SEAL OF OFFICE this � day
,2021.
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otary Public,State of Texas
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•.,,,o;,,,.� Notary ID 132422529 otary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
ANI) LEG ALIT
Assistant Ronald P. Gonzales
City Attorney
,r3st Acting City Secretary
M&C: N/A 1
CFW Meacham Airport
Zia Capital,Inc.
Amendment No.4 to CSC No. 13160
Page 3 of OFFICIAL REC R
CITY SEC�tET�R
j
E
LESSEE:
ZIA CAPITAL,INC.: ATTEST:
By: By:
Dan . Bruhl
President
Date: t k — 3 —
STATE OF TEXAS §
COUNTY OF` &c c�.Clt §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tex s, on
this day personally appeared Dan E. Bruhl, known to me to be the person whose nane is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act o Dan
E. Bruhl and that s/he executed the same as the act of Dan E. Bruhl for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3`` day
ode cn�e c— 12021.
RHESHELL MCCALE13
Comm EXPIRES 0-22-2022
•rQ�• NOTARY Q 13169211-3. I �,� `�lt' 0-C— %JD
Notary Public in and for the State of Texas
CFW Meacham Airport
Zia Capital,Inc. OFFICIAL ECORD
Amendment No.4 to CSC No.13160
Page 4 of CITY SEC ETARY
FT WO H,TX