HomeMy WebLinkAboutContract 35803-A1 CITY SECRETARY
CONTRACT No. ,3560 3-
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35803
FORT WORTH SPINKS AIRPORT
UNIMPROVED GROUND LEASE AGREEMENT
LEASE SITE E-20
This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35803
("Amendment") is made and entered into by and between the CITY OF FORT WORTH
("Lessor"), a home rule municipal corporation situated in Tarrant, Denton, Parker and Wise
Counties, Texas acting by and through Fernando Costa, its duly authorized Assistant City
Manager, and NEWONE HANGARS, LLC, ("Lessee"), a Texas Limited Liability Company
acting by and through John Dubosque, its duly authorized President.
A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No.
35803 (hereafter referred to as the "Lease"), a lease of approximately 79,600 square feet of
unimproved ground space at Fort Worth Spinks Airport ("Airport") identified as Lease Site E-20,
also known as 13013 Wildcat Way N. ("Premises"); and
B. Lessee desires to increase the square footage of the Premises by an additional
79,135 square feet for an expansion of the apron area.
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 of the Lease is hereby amended to read as follows:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 158,735 square feet of unimproved
ground space at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant
County, Texas, identified as Lease Site E-20 ("Premises"), as shown in Exhibit
"A-1," which is attached hereto and hereby made a part of this Lease for all
purposes
2. Section 3.1 of the Lease (Annual Rent for Premises) is hereby amended to read as
follows:
3.1. Annual Rent for Premises.
Lessor shall commence the payment of rent, upon execution of this Amendment
in accordance with this Section 3. Lessee hereby promises and agrees to pay Lessor, as
annual rent for the Premises, Fifteen Cents ($0.15) per square foot for 79,600 square feet
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of unimproved ground space, and Twenty Cents ($0.20) per square foot of 79,135 square
feet of ground space for a total annual sum of Twenty Seven Thousand and Seven
Hundred Sixty Seven Dollars and Zero Cents ($27,767.00), payable in equal monthly
installments of Two Thousand Three Hundred Thirteen Dollars and Ninety Two Cents
($2,313.92).
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]
Page 2
Amendment No I to City Secretar% Contract No.35803
hem cen City of Fon vA orth and Netione Hanears.I I_C
Exhibit "A- 1 "
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on
this the__�L day of jap�AUMa , 20 _.
CITY OF FORT WORTH:
By: 4:Z( V
Fernando Costa
Assistant City Manager
Datezg(z-1 ,
STATE OF TEXAS §
COUNTY OF raVranI - §
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 state
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1p day
��•ry-k EVONIA DANIELS `
My COMMISSION EXPIRES r Public in and for the State of Texas
July 10,2013 y
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: C, w By:
Charlene Sanders
Assistant City Attorney City Secretary
M&C:
Approved:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LESSEE: ATTEST:
NEWONE HANGARS, LLC
By: 4.14,7iKte� By:
JAnDubosque
President
Date: &I — a 4 - 7-O 12—
STATE OF TEXAS §
COUNTY OF 4NT- §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared John Dubosque, 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
Newone Hangars, LLC and that he executed the same as the act of Newone Hangars, LLC for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this L� day
AJ may , 20 l
JONNIE RENEE'HUITT Notar ublic in and for the State of Texas
s Notary Public,State of Texas y
My Commission Expires
hill;; May 20,2014
Page 4
Amendment No I to City Secretary Contract No.35803
het"cen Ofv off on vA onh and Ne"one Ham_ar,.I C
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2012
DATE: Tuesday, January 24, 2012 REFERENCE NO.: **C-25415
LOG NAME: 55FWS AMENDNEWONE
SUBJECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 35803, an Unimproved Ground
Lease Agreement, with Newone Hangars, LLC, at Fort Worth Spinks Airport (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Amendment to City Secretary Contract
No. 35803, an Unimproved Ground Lease Agreement with Newone Hangars, LLC, at Fort Worth Spinks
Airport.
DISCUSSION:
On August 28, 2007, the City Council approved the execution of an Unimproved Ground Lease
Agreement (M&C C-22344) at Fort Worth Spinks Airport with Newone Hangars, LLC, otherwise known as
City Secretary Contract (CSC) No. 35803 for 79,600 square feet of unimproved ground space known as
Lease Site E-20 at Fort Worth Spinks Airport.
Newone Hangars, LLC, constructed a hangar consisting of approximately 51,300 square feet for use as a
maintenance facility. Construction was completed and a Certificate of Occupancy was issued in April
2010. Due to its success, Newone Hangars, LLC, has submitted a request to Staff to expand their current
ramp area by an additional 79,135 square feet to further accommodate the size of aircraft they receive for
maintenance. This paving will occur in two phases within six months of the execution of the Amendment to
the Lease. The Lease will increase to a total of 158,735 square feet of ground space.
The proposed additional apron area was originally 38,000 square feet, as approved by the Aviation
Advisory Board at the September 15, 2011 meeting. It was after this meeting that it was realized the need
for an additional 41,135 square feet to accommodate their customers' larger aircraft. This additional
ground space was approved by the Aviation Advisory Board at the December 15, 2011 meeting.
The proposed Apron Expansion was not anticipated when the Eastside Zone Redevelopment plan was
completed in 2009. The T-Hangar Development that was anticipated would be impacted, but from a
planning standpoint. Staff recognizes that boundaries established in plans separating one type of use from
another are intended to be flexible. This Apron Proposal is an expansion of an existing use within an area
intended for that use and, therefore, it remains consistent with the overall effort of the Eastside Zone
Redevelopment Plan. Aviation Staff has no objections to this request.
The additional revenue generated from this Lease based on the additional 79,135 square feet calculated
at a rate of$0.20 per square foot is $15,827.00 annually or $1,318.92 per month. The total revenue
generated from this Lease based on 158,735 square feet is $27,767.00 annually or $2,313.92 per month.
This is in accordance with the Aviation Department's current Schedule of Rates and Charges.
Logname: 55FWS AMENDNEWONE Page 1 of 2
All other terms and conditions of CSC No. 35803 shall remain in effect, in accordance with the City and
Aviation Department policies.
The property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Aviation Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491052 0551201 $15,827.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
No attachments found.
Logname: 55FWS AMENDNEWONE Page 2 of 2