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HomeMy WebLinkAboutContract 40981-A1 CITY AMENDMENT NO 1 TO CSC NO. 40981,. FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 45S 3,800 LINCOLN AVENUE This AMENDMENT N � 1 ("Amendment") is made and entered into by and between the CITY O 'ORTT' WORTH ("Lessor"), a Texas home rule municipal corporation acting by and through Fernando Costa, its duly authorized assistant City Manager, and RICHARDSON AVIATION ("'Lessee"), acting by and through Thomas W. White, its duly authorized Vice President. RECITALS WHEREAS, on or about October 22, 2010, Lessor and Lessee entered 'Into City Secretary Contract ``CSC" N"o. 29135, a hangar and ground lease agreement for a 260,569 square feet of ground space which includes a 3 ,800 square foot hangar known as Lease Site 45S ("Leased Premises"), at Fort Worth Meacham International airport "Ai*rpnr "). CSC N . X0981 shall hereinafter be re eiTed to as the "Lease" WHEREAS, on April 16, 2013, C, G-1 78616), Lessor and Lessee entered into a Reimbursement Agreement,, CSC No. 44391, to facilitate the Remote Trans mitter ecei ver ("RTR" Towers relocation Pro ect which would then provide the Lessee the ability to add ground space to its current Premises,needed to construct a hangar WHEREAS, on or about May 1, 2014, the RTR Towers Relocation Project will he success illy completed and "EREAS,l Lessor and Lessee now wish to amend the Lease to reflect the expansion of the Premises an additional 3 ,547 square feet of ground space. NOW THEREFORE, i consi � � 1�the mutual covenants, promises � �whl�� Lions contained herein,Lessor and:basses herby agree as follows 1. Section 1. `Property Leased"'of CSC Nei. 40981 is hereby amended to read as follows. PROPERTY LEASED, Lessor hereby dernises to .lessee 334,116 square Legit of ground space ("Ground"), , 0 including a 32,800 square foot hangar ("Hangar"' and 66,800 square Loot aircraft parking ramp constructed at the Airport in Fort "worth, Tarrant County, Texas, identified as Lease Site 45S, also known as 3800 Lincoln Avenue, (collectively, the "New Premises"), as V Imu mNMfrhlm�a... mmm'a uwwiwY wwu�rm'mi uuwWw4WNimwl!MV-.. NWWIIII0111111 Riar M�Aviation Fort Worth Meacham Intemational Airport Amendment No. I to CSC No,40981 OFFICIAL R Page I of 4 CITYSECRE"I , � Nano u U 0 14C M X19 RECEIVED APR 14 2014 Nnri;,4(¢!acwrtoumawaumooMrcrr�+uwoawwwwwwuaaw.,i muctaram,wruuwpw+mm'm'tromUOoriwuwu... iuomiwwwnwmm shown, in Exhl*bl*t "A", attached hereto: and hereby i,nade a part of this Lease for all purposes. 2. Sech"on 3. "Rent"of CS,C No. 40981 is hereby amended to read as fo�llows: ANT. 31.2. Ground Rate. Lessee shall commence the payment of rent for the Ground on May 1, 2014. From the Effective Date until September 301, 2015, Lessee hereby promises and agrees, to pay Lessor, as annual rent for the Ground,, Ninety Thousand Two Hundred and Eleven Dollars and Thirty Two Cents ($90,21,1.32), at a rate of Twenty Seven Cents ($0.2,7) per square foot of land, payable in equal monthly installments of Seven Thousand Five Hundred and Seventeen Dollars,and Sixty One Cents ($7,517.61). 3. All other provisions and conditions of the Lease that are not expressly arvended herein or directly in conflict with the provisions, and conditions of this Amendment shall remain in full force and effect. 4. The person signing this amendment hereby warrants that he/she has the legal authority to execute this amendment on behalf of'the respect'i've party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this:Amendment or any amendment hereto. IN WIT S WHEREOF, the parties hereto, have executed this Agreement in multiples 0 on this the Jm .day of 2 14. CITY OF FORT' WORTH, By* Fernando Costa Assistant City Manager Date: Sr I"ATE OF'TEXT.S § COUNTY OF TA § Richardson Aviation Amendment No. I to C'SC No.40981 Fort Worth Meacham Inteniational Airport Page 2 of 4 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 i's 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 CI*ty of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN Uj",4DER MY HAND AND, SEAL OF OFFICE this day )2014. f ROSELLA BARNES oa My COMMISSION EXPIRES Notary Public 'in and for the State of Texas silo* Maith 31,2017 so APPROVED AS TO FORM ATTEST, T V 0, 4� AND GALI By "I'm B y zil,9�j (s, a,� ( 16arlene Sanders; ' I " Mary J. s Assistant City Attorney City Secretary M&C Approved. 00 FAS LESSEE-. ATTEST: RICHARDSON AVIATION soss=� 40C... BY: By: Thomas W. White Vice President Date:- Md!nL"S 11 ;)o STATE OF TEXAS § § COUNTY OFN71?�m"j,,� § Richardson Aviation OFFICIAL R C EORD Amendment No. I to CS,C Noy,40,98 1 l"Y',',,SECR'El�TA(l�iRY Fort Worth Meacham 1riternational Airport Page 3 of 4 I F901 0 W 0, ffr Hly BEFORE ME, the undersigned authority, a Notary Public "in, and for the State of Texas, on this day personally appeared Thomas W. Whi"te, 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 RI'chardson Aviati"on and that he executed the same as the act of Wehardson Avl*atl*on for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER, MY HAND AND SEAL OF OFFICE this 'P day 2014. Notary Public in and for the Stag Of IT as BRENDA E NORMAN NOT PUBUC STATE CF TEW W.08-10-2M16 Richardson Aviation Amendment No,. I to CSIC No.40981 Fort,Worth Meacham International Airport Page 4 of 4 Exhibit "A" P.O.B. JOHN RINGER SURVEY LEASE 45S BLOCK 3 A-1939 1/2'"s;RF X- 2318152J8 EA HA AIRPORT Y- 6980425,36 314.4 CABINET A, SLIDE 2445 1/2"IRF 117,11 345-02' s P.R,.,T.C.,T. .............. 46, a, IF $r 1/2"IRF (SEE INSERT 12) 6 ir P, v v A4 Fir (cm,) A IF z III, CONCAETE CONCRETE r p x,41, 0 CQ r� r," 0 v v HMGAR P, C cn �A r- 0 h M YD* METAL FENCE POST tE or Ir rg :Iu pq o or jr 45S N 03'04'13"W VI c r P, AREA; 7.67 ACRES (+/-33�4,116&F) 4* 1�j Lit > w METAL FENCE POST IM 0 <1 P, N 73'18'42"E 1/21RF 1.37' 13,11 or S 87'43'45'E 4 W P, I IF T.S, I'M , L& 4 4, q INSE 1 2 F d a 4 V 13.03'�N tl 5r v b sr 1/2-IRF V, 4 N 87"42'50"W� 7 0 41 ir 1/21FIF 112&02' 5163' CONCRETE 46 a N IF 4 4 02*16'22'E IF METAL FENCE z POST 0 P, P, z (p J7 41 4,: 46 p, 4A CD 66 P, A (A or 4 p 46 rn ol IF Fr fir 12.62' 0 U 4 4r u 125,45' # Un -7- 87*41 '7- A M "TACK"PLUG 1/2""IRF E �38 :14 1/2*11IRF ba IN CUTTER 0, L4 )o IN 87'52'01'W METAL FENCE 54.11' 0 POST (SEE INSEM 11) 5/8"IRF "CITY OF FT,WORTH Z SURVEY DIM ON" INSER T 2 (N.T.S. BEARS: N 12'36'311'E 0 39 559,58 CONCRETE S 81'14'27"W 25-57' 170.54, 3/4"IRF v 41S ra 1/2-IRF B 1.,0 C K 3 EACHAM AIRPORT CABINET A, SLIDE 2445 I-A,Y-1 v P. T. T. MAP 'Lilr- SURVE SHOWING C.M.= CONTROL MONUMENT MEACHAM AIRPORT LEASE PARCEL 0 DENOTES A 5/8" IRON ROD SET WITH A RED PLASTIC 45S SITUATED IN BLOCK 3 CAP STAMPED "0TY OF FT WOIRTH SURVEY DfVISION" MEACHAM AIRPORT 0 DENOTES A 5/8" NRON ROD FOUND WJI.H A RED PLASTIC ACCORDING T01 PLAT' RECORDED, IN CAP STAMPED "CITY OF F7, WORTH SURVEY DIVISION" CABINET A, SLIDE 2445, Ll= IN 02*1622" E 517.76" PLAT RECORDS OF T, ANT, COUNTY, TEXAS. L2';-- IN 02*1622" E 47.22' L3-;- N 02*16'22" E 125,25' CURW- DATA NOTE: NOT ALL IMPROVEMENTS LOCATED RADIUS LENGTH DELTA TANGEN7 CHORD BEARING Cu N IHE SUBJECT PROPERTY AT THE TIME qtj 5651- 12125' 12'291'56"� 6-1,87' 112-3-011"1 N 1011"39-W am)t chm c1r,avoli-aw) 05, by C2 565' 5IJ3- 11,05" N 00�15'59-w OF SURVEY ARE REFLECTED HEREON, BEARING BASE: CITY OF' FORT WORTH INTEGRATED C.P.S. ENGTH qO C 4or E 5 NETWORK SYSTEM, N.A,D. 831, NORTH CENTRAL TEXAS ZONE. DISTANCES ARE GROUND MEASUREMENTS. NOTE: THIS MAP SUPERSEDES MAP Transportaton &Public or lf 60 0 60 120 180 PRODUCED; ON 12-02-2013 Sur Kqp ."'qg Services DATE REV 3/?.3/14 SCALE 11-60, IDRAWN BY cDH FILE No, 6621IW2 GRAPHIC SCALE IN FEET SURVEYED ON THE GROUND IN SEPTEMBER OF 2'012, CRY 01 ro-V--ft 1-00 Th-4I$It y"w IIM txhi*bit a A' I fURT WORTH 1U r M" ', s parcel of land situated in Block 3, Meacham Airport, as recorded 1n Cabinet A, Slide 2445, Plat Records of.Tarrant County, Texas, and including a portion of that certain tract of land known as Richardson Aviation according to Lease recorded in Voluurne 86,17, Page 1 663, Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows; Beginning at a 1/2 iron rod found at the most northerly northeast comer r of herein described parcel Thence. South 52 degrees 017 r illuutes 551 seconds East,1 1 23.67 feet to a 1/2" iron rod found for the easterly northeast corner; Thence: South 08 degrees 45 minutes 16 seconds East, at 295.69 feet pass a 5/8" iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVISION"(gull 518" iron rods found so capped unless, otherwise,noted),, in all continuing 560.,1 feet to a 5/811 iron rod found with a red plastic cap stamped "CITE" OF F'T'. WORTH SURVEY DIVISION"""" at the southeast corner of herein described parcel Thence: South 81 degrees 14 minutes 27 seconds West, at 25.57 Beet pass a 5/8 iron read found for the northeast darner of Meacham Lease 41 S, continuing 359.58 feet pass a 3/4" iron rod fouund, in all....... continuum 555.6 feet to � 1 �'� iron rold fouund %n the easterly right-� �� � li�ue o�' Lincoln Ave. (60.0' right-of-way per plat monumented as a 70.0' right-of-way) at the beginning of curve to,the right having a radius of 565,0 ;feet; Thence.- with said curve through an arc length of 123.25 feet whose chard hears: North 1 agrees 11 Minutes 39 seconds West, 123.011 feet to a point lying in a chain link fence line-, Thence: departing said right-of-way line and generally along said chain link fence, North 73 degrees 18 minutes 42 seconds last, 1.37 feet to a metal fence post, Thence: with said fence line,North 03 degrees 014 minutes 13 seconds West, 10.1 feet to a metal .l fence past, Thence- with said fence line, North 83 degrees 36 minutes 315 seconds west, 1.41 feet to the easterly right-of-way line of Lincoln Ave. .0' right-of-way per plat rn nu mented as a 70,.0' right o f way at the beginning,of a curve to,the right having a radius of 565.0 feet- Thence, with said curve through an arc lent of'51.13 feet whose chord cars; North 00 degrees 1 minutes 59 sec seconds Wiest, 5 �1 1 feet to a 5/819' iron rod found TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES Tut+�:`ITV of FAR, oR-ri 8851 Camp Bowie Bled West Fo -r "` RTH,TEXA 7 11 817 392-7925 * F x 817'-392-,7895 -1-7 s "All FoKi- W-0 id yV Thence-,North 02 degrees, 16, minutes 22 seconds East, at 57.76 feet passing a 5/8" Iron rod found and further 25.25 ss I iron rod found, and further 47.22 feet pass a 5/8" iron 1 feet pa a 5/8"' i rod' found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY DIVIS,ION",, continuing In all 441.70 feet to a point lying in a chain link fence line*, Thence.- North 70 degrees 35 minutes I�4 seconds East generally along said chain ],link fence, 2.92 feet to a metal fence post, Thence,-, North 02 degrees 37 minutes 52 seconds East generally along said chain link fence, 28.38 feet to a metal fence post; Thence,-, North 63 degrees 26 minutes 25 seconds West generally along said chain link fence, 3.17 -feet to a point in a fence line and lying on the monumented easterly right-of-way line of said Lincoln Avenue,: Thence: Niorth 2 degrees 16 minutes 22 seconds East 2.50: feet to a 5/8" iron rod set for the northwest comer of herein described parcel-, Thence,: North 81 degrees 17 minutes 11. seconds East, at 29.43 feet passing a 1/2" iron rod found, continuing in all 374.45 feet to the Place of Beginning, and containing 7.67 acres (334,116 square feet of land);. Surveyed on the ground in September of 2012. basis of Bearing,s,-, The City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83,North Central Texas Zone. All distances are ground measurements. Bearing base line as shown on Map of Survey. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(9), this "'report"" consists, of the hereon real property description, and a Map of Survey being attached herewith. Revised northwest and northeast coirner March 25, 2014 and this map, supersedes Map of Survey produced in December 2, 2013. TRANSPORTATION AND PUBLIC WORKS DEPARTMCNT SURVEYING SERV10ES Tin.Crry oi:Fowr Wowrn 8851 Camp Bovvie,BIVA West Fowr Wowrn,TFAA,%76116 817 392-7925 FAx 817'-3912-7895 M, f t rt 0 M AV MNOW uity o o wo,rt/7, i exas ■ AOM%k ■1 t■ Mayor and i t;o �m� unicia ion COUNCIL ACTION: Appiroved on 4/8/201'4 DATE: Tuesday, April 08,1 2014 REFERENCE NO.: **C-26755 LOG NAME.: 55FTW AMENDONE RICHARDSON SUBJECT.- Authorize Execution of Amendment No. 1 to City Secrete r Contract No. 401981 , a Hangar and Ground Lease Agree�mien:t with Richardson Aviation, for Expansion of Lease Site 45,S, Located at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) .......... ............ ................ ...... .......... .........._­_,­­"........... RECOMMENDATION It is recommended that the City Colunci�l authorize the execution of Amendment No. 1 to City Secretary Contract No., 40981, a, Hangar and Ground Lease Agreement with Richardson Aviation, for expansion of Lease Site 45S located at Fort Worth Meacham International Airport. ..................... ........... ........... DISCUSSION: On October 12,, 2012, (M,&C C-24528) the City Council author�ized a Hangar and' Ground Lease Agreement for Lease Site 45:S, also known as, City Secretary Contract (CSC) No. 40981 with Richardson Aviation (Richardson) at Fort Worth Meacham International Airport (Meacham). Lease Site 45S consists of 260,569 square feet of ground space and in�cl�u�des a 32,:80,0 square foot hangar. The Agreement provides for a 10 year initial term, set to explire September 30, 2020, with three options to renew at 10 years each. In early 2013, Staff received a request from Richardson to expand Lease Site 455 by 56,536 square feet to construct an additional hangar. In order to expand the site and provide Richardson the opportunity to construct this, hangar, an Agreement was needed with the Federal Aviation Administration (FAA) to relocate FAA-owned Rlem,ote 'Transniitter/Re,ceiver (RTR) Towers adjacent to the lease site. Since the FAA cannot enter into Agreements with Lessees; on April 16, 2013, (M&C O-17866) the City Council authorized execution of a Non-Federal Reimbursable Ag�reeml:ent with the FAA for the R,TR Relocation Project (Project). The Project is nearing an end with completion expected to be in April 2014; therefore, Staff is ready to move forward with Richardson J!s request as it finds ino objection with additional development of the site. The added 56,536 square feet of ground space, at a ground rate of $0.27 per square food, will generate 264.72 annually;- approximately $1,272.06 monthly. All other additional revenue of approximately $15, provisions and conditions of the lease shall remain in full force and effect. The property is located in COUNCIL DISTRICT 2, Mapsco 48,W. FISCAL INFORMATION / CERTIFICATION The Financial Management, Services, Director certifies that the Aviation Department is responsiible for the collection and deposit of funds due to the City. Loigname.- 5 5FTW AMENDONE A. SON Page I of 2 „° Ilfl's FUND CENTERS. TO Fund/Account/Centers FIFO F nd Account`Ce ° e s E4 95,2 0558 1I 15 X64.72 CERTIFICATIONS. Submi ted for Citv Manner's Office by: Fernando Costa 2,2 Origi,nafing Depaftment Head. Bill else, (5402) Additional Information Contact. Jilonnie Huit,t (5409) ATTACHMENTS 1. 55FT A END, NE RICHARDSON Exh i (Public) L a me 55FTW A E D NE RICHARDSON Page 2 of 2