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HomeMy WebLinkAboutContract 25667-A2 CITY SECRETARY RENEWAL AGREEMENT CONTRACT NO, CITY SECRETARY CONTRACT NO. 25667 FORT WORTH MEACHAM INTERNATIONAL AIRPORT TANK FARM LEASE AND PUBLIC FUELING AGREEMENT FUEL FARM SITE NO. 3 This RENEWAL AGREEMENT ("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 situated in Tarrant, Denton, Parker and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and RICHARDSON AVIATION ("Lessee"), acting by and through Mark A. Byrd, its duly authorized Director of Aviation. Recitals The following statements are true and correct and form the basis of this Agreement: A. Pursuant to the terms and conditions of City Secretary Contract (CSC) No. 11142, as amended, Lessee is authorized to operate as a Fixed Base Operator ("FBO") at Fort Worth Meacham International Airport ("Airport"). B. Lessor and Lessee previously entered into CSC No. 25667 (the "Lease"), a lease of real property at the Airport and an agreement giving Lessee the right to store and sell aviation fuel on such property and to provide transient fueling services at the Airport from such property. The Lease commenced on March 8, 2000 and expired on September 30, 2004. C. The Lease provides that Lessee shall have the right to renew the Agreement for two additional terms of five (5) years each, subject to fee structures which, on the effective date of a Renewal Term, comply with the Schedule of Rates and Charges approved by City Council of the City of Fort Worth. The Lessee properly exercised its first option to renew the Lease for five (5) years commencing October 15, 2004 and expiring September 30, 2009. D. In accordance with the provisions of the Lease, Lessee has properly exercised its option to renew the Lease for a final term of five (5) years. Agreement 1. The Lease is hereby renewed and extended for a final term of five (5) years, commencing on October 1, 2009 and expiring on September 30, 2014. 2. Section 3.3 `Fuel Flowage Fees' of CSC No. 25667 is hereby repealed and deleted in its entirety and replaced with the following: 1 As consideration for the privilege allowed Lessee by Lessor to dispense aircraft fuels at the Airport, Lessee shall pay Lessor fuel flowage fees based on the number of gallons of fuel delivered to the Premises annually and calculated in accordance with the Schedule of Rates and Charges in effect at the time. By way of example, as of the Effective Date of this Lease, fuel flowage fees for the period between the Effective Date of this Lease and September 30, 2010 shall be calculated as follows: Gallons (annually) $0.12/gallon Fuel flowage fees shall be measured and calculated as of October 1 of each year, beginning October 1,2009, during the Term in accordance with the Schedule of Rates and Charges in effect at the time. Payments of the fuel flowage fees are due and payable on the tenth (10th) day of each month succeeding that in which aircraft fuels were delivered to the Premises. Payments must be received during normal working hours by such date at the location for Lessor's Aviation Department set forth in Section 20. This fee shall be considered past due if Lessor has not received full payment after the fifteenth(15th) day of that month. Lessor will assess a late penalty charge of ten percent (10%)per month on top of the entire month's fee for each month in which a fee is past due. 3. All other terms and conditions of the Lease shall remain in full force and effect. [Signature Pages Immediately Follow] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the R FC day of MQv QJ,— , 20L. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: 3430 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r� day �ONIA DANIELS MY COMMISSION EXPIRES e'j i+lFr.F•,•y+w.� July 10,2013 otary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALITY: �A By:(�lCd0,, . . 11 By: Charlene Sanders Marty Hend Assistant City Attorney City Secretary M&C: 3 \, y RICHARDSON AVIATION: ATTEST: By: Bye Name:'Mark A. Byrdl Title: Director ofAviation Date: -'�J )U STATE OF TEXAS § COUNTY OF1JAAh&A--1-- § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mark A. Byrd, 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 �� day r �tu-+C-&jq , 20/0 . STiNTE OF TEXAS Notary Public in and for the State 6dexas My coda*.ft 12-01 tiO11 4 Pagel of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/6/2009 DATE: Tuesday, October 06, 2009 REFERENCE NO.: **C-23829 LOG NAME: 55RICHARDSON TANK AND FUEL FARM SUBJECT: Authorize Execution of the Second Five Year Lease Renewal Option of City Secretary Contract No. 25667 with Richardson Aviation, for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3 at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the second five year lease renewal option of City Secretary Contract No. 25667 with Richardson Aviation for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3 at Fort Worth Meacham International Airport. DISCUSSION: Lessor and Lessee previously entered into City Secretary Contract(CSC) No. 25667, (the Lease) a lease of real property at the Airport and an Agreement giving Lessee the right to store and sell aviation fuel on such property and to provide transient fueling services at the Airport from such property. The Lease commenced on March 8, 2000, and expired on September 30, 2004. The Lease provides that Lessee shall have the right to renew the Agreement for two additional terms of five years each, subject to fee structures which, on the effective date of a Renewal Term, comply with the Schedule of Rates and Charges approved by City Council of the City of Fort Worth. The Lessee properly exercised its first option to renew the Lease for five years commencing October 15, 2004, and expiring September 30, 2009. In accordance with the provisions of the Lease, Lessee has properly exercised its option to renew the Lease for a final term of five years. This Lease renewal is for a final term of five years, commencing on October 1, 2009, and expiring on September 30, 2014. This Agreement is based upon the rates and charges schedule for fuel farms and fuel flowage. Richardson Aviation will pay $370 per month for the fuel farm and $0.12 per gallon for fuel. This was recently adopted as the schedule of rates and is reviewed each year. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: http://apps.cfwnet.org/ecouncil/printmc.asp?id=123 93&print=true&DocType=Print 11/18/2009 Page 2 of 2 TO.Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Carl Smart (6525) Originating Department Head: Kent Penney (5403) Additional Information Contact: Diana Lama (5409) ATTACHMENTS No attachments found. http://app s.cfwnet.org/ecouncil/printmc.asp?id=12393&print=true&DocType=Print 11/18/2009