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HomeMy WebLinkAboutContract 36390 p f 4 r ,I 6.Y�Q JJY40Li ttV U 6 V AMENDMENT NO.4 TO CSC NO.20060 AGREEMENT FOR THE MANAGEMENT,OPERATION AND MAINTENANCE OF FORT WORTH ALLIANCE AIRPORT This AMENDMENT NO. 4 ("Amendment") to City Secretary Contract No. 20060, Agreement for the Management, Operation and Maintenance of Fort Worth Alliance Airport 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, Marc Ott, and ALLIANCE AIR MANAGEMENT, LTD. ("Operator"), a Texas limited partnership acting by and through Timothy D. Ward, the President of Alliance Air Services,Inc., a Texas corporation and Operator's sole general partner. RECITALS: The following statements are true and correct and form the basis of this Agreement: A. On or about December 15, 1993, Lessor and Alliance Air Services, Inc. entered into City Secretary Contract ("CSC") No. 20060, an agreement for the management, operation and maintenance of Fort Worth Alliance Airport, which was subsequently amended pursuant to CSC Nos. 20994, 21756 and 28547 (collectively, the "Agreement"). B. On or about April 24, 1995 Alliance Air Services, Inc. transferred, assigned and conveyed all of its right, title and interest in and to the Agreement to Operator via CSC No.20978. C. Recently, a typographical error which alters the nature of the intent of the parties regarding distribution of revenue was discovered within Amendment No. 3, CSC No. 28547,which was executed on or about April 23,2003. D. Lessor and Operator now wish to amend the Agreement to correct the error. NOW,THEREFORE,Lessor and Lessee hereby agree as follows: 1. Section 5.9 (3)of the Agreement is hereby amended to read as follows: (3) From January 1, 2009 through December 31, 2013, the City shall retain twenty percent (20%) of all Airport Revenue and, as total compensation for CFW Alliance Airport Alliance Air Management,Ltd. Amendment No.4 to CSC No.20060 Page 1 of 4 0 FF1CJc�I EC-1 1u CRY HCAM Py FVn �,#'Jlhnj m. all services and obligations performed by Operator under this Agreement, Operator shall receive eighty percent(80%)of all Airport Revenue. 2. All other provisions and conditions of the Agreement 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 Alliance Airport Alliance Air Management,Ltd. Amendment No.4 to CSC No.20060 Page 2 of 4 IN WITNESS W REOF the parties hereto have executed this Agreement in multiples on this the day of Qh, ,200-7. CITY 0 FORT WORTH: By: Marc Ott Assistant City Manager Date: 1,9-,4 Z 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 instrurnent, 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. Gr ( ---,G. IVE UNDER MY HAND AND SEAL OF OFFICE this day ' 200 N HETTIE LANE MY COMMISSION EXPIRES July 26,2011 Notary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALIT By: Males mw- Farmer Hendrix Assistant City Attorney +OL'City ecretary M&C: None required NO M&C REQUIRED CFW Alliance Airport lk Alliance Air Management,Ltd. Amendment No.4 to CSC No.20060 CRY MCIRE UA Page 3 of 4 OPERATOR: ATTEST: Alliance Air Management, Ltd., a By:�U C - Texas limited partnership By: Alliance Air Services, Inc., a Texas corporation, its general partner By:_ Name: Timothy . Ward Title: Preside f Alliance Air Services, Inc. Date: STATE OF TEXAS § COUNTY OF Tarrctn+ § This instrument was acknowledged before me on { Q m( � , 2007,by Timothy D. Ward, President of Alliance Air Services, Inc., a Texas corporation, on behalf of said corporation, in its capacity as general partner of Alliance Air Management, Ltd., a Texas limited partnership, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day i Un,)b, L 5200-'7 1� m ISTINA CAREYblic,State of Texas mission Expires Notary Public in and for the S to of Texas ust 03,2011 CFW Alliance Airport Alliance Air Management,Ltd. Amendment No.4 to CSC No.20060 Page 4 of 4