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CONTRACT NO.
AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 26292
UNIMPROVED GROUND LEASE AGREEMENT
WITH MANDATORY IMPROVEMENTS
This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 26292
("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 its duly authorized Assistant City Manager, and APIA( LIMITED
PARTNERSHIP ("Lessee"), a Texas limited partnership acting by and through Gary Havener,
President of Cidema Corporation, a Texas corporation and Lessee's General Partner.
The following preliminary statements are true and correct and form the basis of this
Amendment.
A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No. 26292,
as amended by CSC No. 26645 (collectively, the"Lease"), a lease of certain real property at Fort
Worth Meacham International Airport ("Airport") known as Lease Site No. 44-N. CSC Nos.
26292 and 26645 are public documents on file in Lessor's City Secretary's Office and are
incorporated herein by reference for all purposes.
B. Lessee wishes to lease an additional 8,000 square feet of unimproved land at the Airport,
which is adjacent to Lease Site No. 45-N, in order to expand the improvements on that Lease
Site. Accordingly, Lessor and Lessee wish to amend the Lease in order to adjust the metes and
bounds of the Premises, the rent for the Premises and the scope of required improvements by
Lessee to the Premises.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Lessor and Lessee agree as follows:
1. Section 1.1 of the Lease is hereby amended by adding 8,000 square feet of unimproved
land described and depicted in Exhibit"A-2" of this Amendment as part of the Premises leased
under the Lease. For purposes of this Amendment, this 8,000 square foot parcel shall
individually be referred to as the "Expanded Premises". Exhibit"A-2"is hereby made a part of
the Lease for all purposes. Exhibits "A-1" and "A-2" collectively describe the entire Premises,
as expanded by CSC No. 26645 and this Amendment.
2. Pursuant to Section 3.1 of the Lease, Lessee is, as of the execution date of this
.Amendment, paying Lessor as annual rent for the Premises the sum of Forty-three Thousand Six
Hundred Thirty-two and 93/100 Dollars ($43,632.93), which is equal to (i) the 229,647 square
feet of land comprising the Premises (excluding the 8,000 square feet of land comprising the
Expanded Premises) multiplied by (ii) the current rental rate for unimproved land at the Airport
Amendment No.2 to CSC No.26292 (� ra
Unimproved Ground Lease with i U ncwh� "D� D
APIAQ Limited Partnership C�TVM� ��fuS�GM���/�
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established by the Schedule of Rates and Charges, which is $0.19 per square foot. This annual
rental is subject to adjustment as provided by and in accordance with Section 3.2 of the Lease.
For purposes of this Amendment, this $43,632.93 in rent, as may subsequently be adjusted, shall
be referred to collectively as the "Base Rent". From the date that the first certificate of
occupancy is issued for a structure comprising all or any portion of the Expanded Mandatory
Improvements, as defined in Section 3 of this Amendment and depicted in Exhibit "B-2" of this
Amendment, Lessee shall, in addition to the Base Rent, also pay Lessor as annual rent for the
Expanded Premises a sum equal to (i) the 8,000 square feet of land comprising the Expanded
Premises multiplied by (ii) the rental rate per square foot for unimproved land at the Airport in
effect at the time such certificate of occupancy is issued ("Expanded Rent"). Thereafter, Base
Rent plus Expanded Rent shall simply be treated as rent payable under and subject to Section 3
of the Lease.
3. Lessee covenants and agrees that it shall improve the Premises, including the Expanded
Premises, in accordance with the time frames, milestones, specifications and other conditions of
Exhibit "B-2", attached hereto and hereby made a part of the Lease for all purposes. Such
improvements shall be referred to in this Amendment as the "Expanded Mandatory
Improvements". Lessee shall diligently commence constriction of the Expanded Mandatory
Improvements within six (6) months following the execution date of this Amendment. Lessee
shall fully comply with Sections 7.3 through 7.7 of the Lease in the construction and installation
of the Expanded Mandatory Improvements. In the event that Lessee requests and Lessor
consents to any changes to Exhibit `B-2" prior to completion of the Expanded Mandatory
Improvements, a revised Exhibit"B-2" signed by both Lessor and Lessee shall be attached to this
Amendment and shall become a part of the Lease for all purposes. Lessor shall take title to the
Expanded Mandatory Improvements upon the issuance of a final certificate of occupancy for the
Expanded Mandatory Improvements. If Lessee fails to diligently commence construction of the
Expanded Mandatory Improvements within six (6) months following the execution date of this
Amendment, Lessor shall have the right to terminate all of Lessee's leasehold rights to the
Expanded Premises, in which case the metes and bounds of the Premises and the rent payable by
Lessee for the Premises under the Lease shall be adjusted accordingly.
4. Any capitalized terms used in but not defined by this Amendment shall have the same
meanings provided by the Lease.
5. All provisions and conditions of the Lease that are not expressly amended herein shall
remain in fitll force and effect.
[SIGNATURES IMMEDIATELY FOLLOW ON NEXT PAGE]
Amendment No.2 to CSC No.26292 2
Improved Ground Lease with
APIAQ Limited Partnership
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in
multiples as of the last date indicated below:
CITY OF FORT WORTH: APIAQ LIMITED PARTNERSHIP,
a Texas limited partnership:
By: Cidema Corporation, a Texas
corporation, its General Partner:
By: B y: --
Mike Groomer Gary Havener
Assistant City Manager President
Date: Date: /--95° a .2-
ATE T: ATTEST:
By By:
S ecretary Name:
Title:
APPROVED AS TO FORM AND LEGALITY:
By:�� V
Peter Vaky
Assistant City Attorney
M & C: C-18894 12-18-01
Amendment No.2 to CSC No.26292 3
Improved Ground Lease with
APIAQ Limited Partnership CfU u
WrIF 'H VEX
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 Mike Groomer, 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 30 day of
2002.
NNA BAR AN
NOTARYMM STATE OF TEXAS
COMMISSION EXPIRES:
OF OCTOBER 24,2005 Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF Q1v §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Gary Havener, 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
Cidema Corporation, acting on behalf of APIAQ Limited Partnership as its General Partner,
and that he executed the same as the act of Cidema Corporation and APIAQ Limited
Partnership for the purposes and consideration therein expressed and in the capacity therein
stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4day o
2002. a
HETTIE LANE
Notary Public state of Texas
my commission Expires Notary Public in and for the State of Texas
July 26,2003
Amendment No.2 to CSC No.26292
Unimproved Ground Lease with
APIAQ Limited Partnership
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Amendment No. 2 to CSC No. 26292
APIAQ Limited Partnership
Exhibit "B"
Expanded Premises Improvements: One 4000 square foot addition to northside of
Hangar 45N. The addition will be constructed of materials similar to the existing
building, that is, metal sided painted in neutral colors.
City ®f Fort Forth., Texas Council .CownsunAcation
"Goor and DATE REFERENCE NUMBER LOG NAME PAGE
12/18/01 **t®18894 55APIAQ 1 of 1
SUBJECT AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 26292 WITH APIAQ
LIMITED PARTNERSHIP, D/B/A THE UPHOLSTERY SHOP ADDING 8,000 SQUARE
FEET OF PROPERTY TO THE LEASE SITE 44N AT FORT WORTH MEACHAM
INTERNATIONAL AIRPORT
RECOMMENDATION:.
It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to
City Secretary Contract No. 26292 with APIAQ Limited Partnership, d/b/a The Upholstery Shop adding
8,000 square feet to the lease site 44N at Fort Worth Meacham International Airport.
DISCUSSION:
On October 13, 2000, City Secretary Contract No. 26292 was executed with APIAQ Limited
Partnership, d/b/a The Upholstery Shop (APIAQ) for the lease of site 44N at Fort Worth Meacham
International Airport. Mr. Gary Havener, representing APIAQ, requests that an additional 8,000 square
feet of property be added to the lease site for construction of a building extension and additional
parking space.
The additional property will be leased at $0.19 per square foot in accordance with the current published
rate for unimproved ground at Fort Worth Meacham International Airport. The amendment will begin on
the date of execution and run concurrently with City Secretary Contract No. 26292.
The additional annual revenue for this lease site will be $1,520.00 or$126.66 on a monthly basis.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for
the collection and deposit of all rents due to the City under this lease amendment.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE40 491352 0552001 $1,520.00 APPROVED
Mike Groomer 6140 E
Originating Department Head: CITY��Y O U N C IL
Lisa A.Pyles 5403 (from) DEC . 20l1A
Additional Information Contact: `°
City uacret�r}r-j3
City of Fort`nlcfrti�,`i'v.es�:
Luis Elquezabal 5401