HomeMy WebLinkAboutContract 31448 03-03-05P03 :571 RCVD CITY S7Er%-"rETARY
CONTRACT NO.
AMENDMENT NO. 3
TO CITY SECRETARY CONTRACT NO. 26292
UNIMPROVED GROUND LEASE AGREEMENT
WITH MANDATORY E"ROVEMIENTS
This AMENDMENT NO. 3 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 APIAQ 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.
RECITALS:
A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No.
26292, as amended by CSC No. 26645 and 27455 (collectively, the "Lease"), a lease of certain
real property ("Premises") at Fort Worth Meacham International Airport ("Airport") identified
as Tract A and commonly known as Lease Site No. 44-N. CSC Nos. 26292, 26645 and 27455
are public documents on file in Lessor's City Secretary's Office and are incorporated herein by
reference for all purposes.
B. Section 1.2 of the Lease gives Lessee the right of first refusal to lease those
parcels of land on the Airport identified as Tract B and Tract C ("Additional Premises"). In
accordance with Section 1.2.4 of the Lease, the Additional Premises shall be added to, included
and defined as part of the Premises for all purposes.
C. Lessee wishes to lease an additional Thirty Six Thousand Six Hundred Fifty Five
(36,655) square feet of unimproved land at the Airport,which is adjacent to Lease Site No. 44-N,
in order to construct Additional 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 ("Property Leased")of the Lease is hereby amended to read as follows:
1.1 Demised Premises.
Section 1.1 of the Lease is hereby amended by adding Thirty Six Thousand Six
Hundred Fifty Five (36,655) square feet of unimproved land at Fort Worth Meacham
International Airport identified as Tract B and Tract C described and de
Exhibit "A-3.11 Exhibit "A-3" is hereby made a part of the Lease for all purp.oses.
Exhibits "A-1," "A-2," and "A-3" collectively describe the entire Premises, as expanded
by this Amendment and all previous amendments.
2. Section 3.1 ("Annual Rent for Premises")is hereby amended to read as follows:
3.1 Annual Rent for Premises.
Lessee shall pay Lessor as annual rent for the Additional Premises (Tract B and
Tract C) the sum of Seven Thousand Six Hundred Ninety Seven and 551100 Dollars
($7,697.55), payable in monthly installments of Six Hundred Forty One and 46/100
Dollars ($641.46), which amount is based on Lessor's current published Schedule of
Rates and Charges for unimproved Airport property, which as of the Effect Date of this
Amendment, is $0.21 per square foot. This annual rental is subject to adjustment as
provided by and in accordance with Section 3.2 of the Lease (CSC No. 26292).
3. Section 7.1 ("Mandatory Improvements")is hereby amended to read as follows:
7.1 Mandatory Improvements.
Lessee covenants and agrees that it shall improve the Additional Premises. in
accordance with the time frames, milestones, specifications and other conditions of
Exhibit '113-3," attached hereto and hereby made a part of the Lease for all purposes.
Such improvements shall be referred to in this Amendment as the "Additional
Mandatory Improvements." Lessee shall diligently commence construction of the
Additional 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 Additional Mandatory Improvements. In the
event that Lessee requests and Lessor consents to any changes to Exhibit 'B-Y' prior to
completion of the Additional Mandatory Improvements, a revised Exhibit "B-3" signed
by both Lessor and Lessee shall be attached to this Amendment and shall become a part
of the Lease for all purposes. If Lessee fails to diligently commence construction of the
Additional 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 Additional 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.
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5. All provisions and conditions of the Lease that are not expressly amended herein shall
remain in full force and effect.
EXECUTED IN MULTIPLE ORIGINALS this 0.0 day of ,
2005.
C T WO APIAQ LIMITED PARTNERSHIP,
a Texas limited partnership:
B
Mar Ott By: Cidema Corporation, a Texas
Assi tant City Manger corporation, its General Partner:
Date: S By:
Gary Havener
President
ATTEST: Date: 2 - ,29 - 65
By:
City Secretary ATTEST:
Date: 0 0
By: QC
2
N Jill Arnold
Title: Vice President
APPROVED AS TO FORM
AND LEGALITY:
By:_ A)IA-0 _
Assist _ t City Attorney
Date:
M &C: L-13718 12-9-03
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 Marc Ott, 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.
2005. GIVEN UNDER My HAND AND SEAL OF OFFICE this day of
MY HETTIE LANE Notary Public in and for the State of Texas
COA4MISS10N EXPIRES
MY 26,2007
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 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 APIIAQ Limited
Partnership for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of February
2005.
4y
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El _j� J.W.LAUGHLIN
XN!44
- My COMMISSION EXPIRES
May 23,2008
Nofary Public in and kr the State of Texas
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Exhibit —
•
Exhibit lB-3
Description of improvements on Exhibit A-3.
The South Hangar shall be extended approximately 13,000 square feet
The North Hangar shall be extended approximately 20,000 square feet
CIFY WON OF
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2003
DATE: Tuesday, December 09, 2003
LOG NAME: 55APIAQAMEND3 REFERENCE NO.: **L-13718
SUBJECT:
Amendment No. 3 to City Secretary Contract No. 26292 with APIAQ Limited Partnership, d/b/a The
Upholstery Shop, Adding 36,655 Square Feet of Unimproved Land to 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. 3 to City
Secretary Contract No. 26292, a ground lease with APIAQ Limited Partnership d/b/a The Upholstery Shop,
adding 36,655 square feet of unimproved ground to Lease Site 44N.
DISCUSSION:
On October 13, 2000, City Secretary Contact 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. This lease has been amended twice previously to add 28,8520 square feet and 8,000 square feet,
respectively, to the lease site. APIAQ is now proposing to lease an additional 36,655 square feet of
unimproved ground adjacent to Lease Site 44N to develop 2,000 square feet of office space and 34,655
square feet of hangar space.
The additional property will be leased at an annual rate of $0.21 per square foot in accordance with the
current published rate for unimproved ground at Fort Worth Meacham International Airport.
Based on an assumed start date on December 1, 2003, the additional revenue that will be received under
this lease for the remainder of the fiscal year is $6,414.60.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Administration Section of the Department of Aviation is responsible
for the collection of all funds due to the City under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491352 0551101 $7,697.55
Submitted for City Manager's Office b Marc Oft (8476)
Originating Department Head: Mike Feeley (Acting) (5403)
Additional Information Contact: Ernest Henderson (5405)
Logname: 55APIAQAMEND3 Page 1 of 1