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HomeMy WebLinkAboutContract 43608-M1 CITY SECREIIARY CONrRACr NO._ CSC# 43608 - MEMORANDUM OF HANGAR AND ORIGINAL GROUND LEASE STATE OF TEXAS § COI Y OF TARf ANT § This MEMORANDUM OF GROUND LEASE ("Memorandum"), is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation organized under the laws of the State of Texas, having an address at 1000 Throckinorton. Street, Fort Worth, Texas 76102 ("Lessor"), and TEXAS JET, INC., having an address at 151 Commander Rd., Fort Worth, Texas 76106 ("Lessee"). RECITALS: A. On October 1, 2012, Lessor and Lessee entered into a Hangar and Ground Lease Agreement ("Agreement") for Lease Site IN ("Premises") at Fort Worth Meacham. International Airport ("Airport"') in Fort Worth, Tarrant County, Texas. B. The parties have agreed to enter into this Memorandum for the purposes of recording notice of the Lease to protect the rights and interests of Landlord and'renarit as to third parties. NOW, THEREFORE, the parties hereby make the following declarations: 1. The parties to the Agreernent are the City of Fort Worth as Lessor, and TEXAS JET, INC., as Lessee. 2• The Premises consist of approximately 101,670 square feet of ground space situated at the Airport, as more particularly described by metes and botinds on Lxhibij "A", attached hereto and made a part hereof for all purposes. 3. The to of the Agreement conunences on October 1, 2012. The to of the Agreement is five (5) years, unless sooner terminated in accor&,nice with the provisions of the Agreement. 4. Lessee has agreed, pursuant to the terms of the Agreement, to use and/or occupy the Premises solely for aviation-related purposes only and strictly, in accordance with the terms and conditions of the Agreernent. 5. In the event of any conflict or any inconsistency between the terms and provisions oft e Agreement, on the one hand, and the terms and provisions of this Memorandum, on the other hand, the terms and provisions of the Agreement shall control., Nothing contained in this Memorandum shall alter, modify or amend the provisions of the Agreetnent, which remains in full force and effect according to all oft e terms and provisions thereof' 6• Additional provisions are as set forth the AfikTeif4j9,j owel ding, without limitations, provisions regarding ownerstdp of of AM-` - , "' C CITY SECRETARY FT WORTH,TX RECEIVED JUN 0 9"2014 tl-1111111 .111111111 111111111111111111111.......... 7. The person signing this Memorandum hereby warrants that he/she has the legal authority to execute this Memorandum on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Memorandum [Signature Pages Follow] IN WITNESS WHEREOF,the parties hereto have executed this Memorandum on this the 019 _�-1 -1 2014. LESSOR: CITY OF FORT WORTH By: Date: ................. .. ................. Fernando Costa, Assistant City Maria, er STATE OF TEXAS § COUNTY OF TA NT § 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 tote fibregoing 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. GlVf.'.N UNDER MY HAND AND SEAL OF OFFICE this V4-' day ............... 12014. . .. ............. ff ;te State............ .......... L'VONIA DANIEL o1z Public in an Njbft SWe()f T6'XQ$ otary, Public in and for the State of Texas my rornty swon E,xpkes 2 July I(L 017 ........... APPROVED AS TO FORM AND LEGALITY: B y: 1-6& Date: ......... Charlene Sanders,Assistant City Attomey *0 city S .............. r-X OFFICIAL RECORD CI IR TYSECRETARY T Wo L.N�O�M&�CRE� . WORTH QU �ED j!FTO TX LESSEE: .......... B3 y: Date- ..... President STATE 017 .,��i? § COUNTY OF BEFORE. ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed Pigman, Jr.,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 TEXAS JET, INC. and that he executed the same as the act of TEXAS JET, INC. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY IIANT) AND SEAL OF OFFICE this day 2014. LESA MOKE MY COM MISSION PI EXRES May 16,208 Notary Public in and for the State of Texas EXHIBIT "A" • M l�`�•`• 8 w w-.�•u�•w fir. .. a t I rc �cyp m •• w• t T4 i t ll i F� �i ae �C L E3o I a91!d lTq!uxa E)"Rf;I �'A„ Page2 of FIELD NOTES FOR BUTLER AVIATION EAST HANGER LEASE•-REVISED-1 A.K.A. LOCATION 1-NORTH FORT WORTH MUNICIPAL AIRPORT MEACHAM AIRPORT A - tract of land out of the James Wallace Survey being a portion of the tracts of land conveyed to the City of Fort Korth by deeds recorded in Volume 1074, Page 498 and Volume 1112, Page 574, Deed Records, Tarrant County, Texas, and being a portion of Fort Worth Municipal Airport, Meacham Field, more- particularly described using the Texas Coordinate System, North Central Zone, coordinates and bearings as follows: COMMENCE at a point in the north line of 38th Street and the west line of North Main Street, said point being an easterly southeast corner of Meacham Field, THENCE: North 1 , 616 ,67 feet and WEST 46.69 feet to a 5/8" iron rod set- for the POINT OF BEGINNING, said point being 25 .0 feet westerly of, and perpendicular to the centerline of a proposed access road according to the alignment as shown on the map on file at the City of Fort Worth, Transportation and Public Works Department , File Number A-164, the 'coordinates of said BEGINNING POINT are X = 2 ,045 , 642 .07 and Y = 418 ,562 .53; THENCE: North 80 degrees 14 minutes 09 seconds West , 72 .95 feet to a 3/4" iron rod found for the most southerly southwest corner of said Lease; THENCE: North 09 degrees 45 minutes 51 seconds East 100 .0 feet to a P•.K. Nail found for a lease corner; THENCE: North 80 degrees 14 minutes 09 seconds West 277 .99 feet to a railroad spike found for the most westerly southwest corner of said Lease ; THENCE: North 09 degrees 45 minutes 51 seconds East 218 .2 feet to a 3/4 " iron rod found for the most westerly northwest corner of said Lease; THENCE: North 49 degrees 04 minutes 51 seconds East, 245.40 feet , to a capped 5/8" iron rod set, for the most northerly corner of said lease ; THENCE: South 40 degrees 55 minutes 09 seconds East , 78 .56 feet to a, capped 5/8" iron rod set for easterly northeast corner of said Lease, said point being on a curve having a radius distance of 1,486 . 65 feet , and a long chord of 461..75 feet , that bears South 06 degrees 53 minutes 23 seconds East , said point also being 25 .0 feet westerly of and radial to said centerline : MTV• . Exhibit "A" r Page 3 of THENCE: Southerly with said curve to the right , and with a line 25 .0 feet westerly of and concentric with said centerline, an arc distance of 463.00 feet, to a capped 516" iron rod set at its end! THRNGE: With a lane 25 .0 -feet westerly of and parallel with said centerline , South 00 degrees 26 minutes 43 seconds West , 16 .04 feet, to the PLACE OF B$GINNING, and containing 101 ,610 square feet of land, more or less . JRA:RME:fdg1544 10/26/92