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HomeMy WebLinkAboutContract 20280-A2 CITY SECRETARY CONTRACT NO. ZONO-9Z, AMENDMENT NO.2 TO CSC NO.20280 ORIGINAL FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR LEASE AGREEMENT LEASE SITE 4N 151 MEACHAM AIRPORT CIRCLE This AMENDMENT NO.2 ("Amendment") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal corporation acting by and through Fernando Costa, its duly authorized Assistant City Manager, and DELTA AERONAUTICS, INC. ("Lessee"), acting by and through Khaled M. Miloud, its duly authorized President. RECITALS WHEREAS, on or about April 28, 1994, Lessor and Texas Avionics, Inc. ("Previous Lessee") entered into City Secretary Contract ("CSC") No. 20280, a hangar lease agreement ("Lease") for 91,047 square feet of ground space which includes an 18,595 square foot hangar known as Lease Site 4N ("Premises"), at Fort Worth Meacham International Airport ("Airport"). CSC No. 20280 was subsequently amended by CSC No. 21948 to reflect a new name and amended language in Sections 1, 7 and 16; WHEREAS, on or about May 13, 2008, Lessor consented to an Assignment of CSC No. 20280 by the Previous Lessee to Lessee, also known as CSC No. 37080. CSC Nos. 20280, 21948 and 37080 are hereinafter collectively referred to as the `Lease". The Lease is a public document on file in Lessor's City Secretary's Office; WHEREAS, Lessor and Lessee wish to expand the Premises for the extension of the western boundaries, from the north to the south, to facilitate additional aircraft parking for flight school operations; and WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the expansion of the Premises by an additional 33,839.52 square feet of ground space. NOW THEREFORE, in consideration of the mutual covenants, promises and obligations row clv� contained herein, Lessor and Lessee herby agree as follows: rrF rF" 1. Recitals. The Recitals contained in CSC No. 20280 are hereby amended to add the ° additional square footage,to read as follows: n- c >N (4) 33,839.52 square feet of ground space,west side land as shown on"Exhibit A". .a, Such areas leased hereunder are further described in field notes marked as Exhibit B, attached hereto and incorporated herein by reference for all purposes incident to this Lease. Delta Aeronautics,Inc. OFFICIAL RECORD Amendment No.2 to CSC No.20280 Fort Worth Meacham International Airport CITY SECRETARY Pagel of 4 FT.WORTH,TX 2. Section 2. "Rent" of CSC No. 20280 is hereby amended to delete the second paragraph in full and replace it with the following: For the remainder of this lease and subject to proration where necessary, provided Lessee is not in breach or default, or has not failed to do any act required hereunder, rental amounts shall be calculated as follows: Square Rate Annual Monthly Feet Conventional Hangar 18,595 @ $1.8374 = $34,166.45 or $2,847.20 Improved Ground 39,607 @ $0.2756 = $10,915.69 or $909.64 Ground space, east side 32,845 @ $0.2545 = $8,359.05 or $696.59 Ground space, west side 33,840 @ $0.3200 = $10,828.80 or $902.40 TOTAL SPACE TO BE LEASED 124,887 = $64,269.99 or $5,355.83 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. 4. The person signing this amendment hereby warrants that he/she has the legal authority to execute this amendment 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. Each party is fully entitled to rely on these warranties and representations in entering into this Amendment or any amendment hereto. Delta Aeronautics,Inc. Amendment No.2 to CSC No.20280 Fort Worth Meacham Intemational Airport Page 2 of 4 IN WITN SS WHE F, the parties hereto have executed this Agreement in multiples on this the M^day of ,2014. CITY OF FORT WORTH: 0 By. ,�✓ Fernando Costa Assistant City Manager Date: SI.?�114 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 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 stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this oe� day 2014. EVONIA DANIELS _ Notary Public,State of Texas My Ccmmission Expires LEsaijSd L LOZ 'O L �hP °+?1'••3'', July 10, 2017 x3 uoisslu0 o aaoaS'0llQnd ` in and for the State of Texas APPROVED AS TO FO 131NVG VINOA3 TEST: AND EGALITY: By: By: Charlene Sanders Mary J. er Assistant City Attorney City Secr ar M&C: ()F Fp Approved: o o� °OOOOOOO°�� OFFICIAL RECORD Delta Aeronautics,hie. CITY SECRETARY Amendment No.2 to CSC No.20280 Fort Worth Meacham International Airport FT.WORTH,TX Page 3 of 4 LESSEE: ATTEST: DELTA AERONAUTICS, INC. By: By_ Khal aloud, President Date: 6 7- !!!2- - STATE OF TEXAS § COUNTY OF �i4,e �ii�JT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Khaled M. Miloud, 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 Delta Aeronautics, Inc. and that he executed the same as the act of Delta Aeronautics, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN tER MY HAND AND SEAL OF OFFICE this day 2014. Notary Public�-n�an or the State of Texas rPY►�•., TRIKINYA L. JOHNSON Ao �;� Notary Public,State Of Texas =u. F» My Commission Expires nuu...�• S'q�Fp< .. April 17, 2018 • Delta Aeronautics,Inc. Amendment No.2 to CSC No.20280 Fort Worth Meacham international Airport Page 4 of 4 EXHIBIT A o w h 11 az •• yr�,. � ,� g N �:_! F z �QNz vi v f n 01 nn N F Ira•` rUj1 —i yad L3 a �{ Yn Qr13 Fi�Ti! �{Y rc� •ry. 0.1ti`a�. \�u� P. �� F d O � o v m o7-, w Q R h W a Z \ A a 6 U a O H U U w Y S oW a F \ CL R o B o�i W rbF. z �I 9 tiU a o ry a o 0b "ss. W z U7 v rw- F 3' W m y`1• h r S x a y p, 690 En m °,_•� 0 2 p w J z a p a z 7 `", z z O J a 0 O 'ON 4 z r, r_ IAo r z Y �y aa w � a �b /.•Z ,�� N VN in a a a + m + .oz wo a + + a + + a a + a a a a + a ., -'•�:;.'_:.''�: + a �h�%rye + + + _p �;'�\_'.'i a a a a + �!�':yi t:.,,y: a s a i /Z M{� a + + a + + n V'i•3°. .r�• Y cV H En 6 Cr z n �+ v °s,� S6!+ + � + + + + + a + � + a p•. d' z •�"" '0: � cn:--. O i S ..C. a x 1 zQ xS s W Y �oz N M W 3 a N w [��1 $'y �J oDo A_1 7 (]y i9•J U LL z w h_ oo C z �• �. / ay C`Y Vl W O O F CY v�eC N 3io ,T FORTWORTH REAL PROPERTY DESCRIPTION FOR MEACHAM AIRPORT LEASE 4N A parcel of land situated in Block 1, Meacham Airport as recorded in Cabinet A, Slides 2445- 2447, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a cotton spindle found in asphalt at the most westerly corner of herein described parcel and being a common corner of Lease 5N having surface coordinates of N 6983170.94 E 2320441.85; Thence: North 47 degrees 54 minutes 49 seconds East,generally along a chain link fence line, 9 1.10 feet to a 5/8" iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"at an ell corner; Thence:North 42 degrees 02 minutes 56 seconds West, 74.57 feet to a 5/8"iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION" at an ell corner; Thence: North 47 degrees 54 minutes 49 seconds East, partially along a chain link fence line 195.33 feet to a 5/8" iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"at an angle point; 4 Thence: North 73 degrees 46 minutes 34 seconds East, 32.96 feet to a 5/8" iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION' at an angle point from which a 5/8"iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"bears South 86 degrees 59 minutes 35 seconds East, 140.82 feet; Thence: South 41 degrees 32 minutes 24 seconds East, 269.64 feet to an ell corner; Thence: North 49 degrees 39 minutes 05 seconds East, 5.00 feet to an ell corner from which a metal fence post bears North 49 degrees 39 minutes 05 seconds East, 7.77 feet; Thence: South 41 degrees 32 minutes 24 seconds East, 30.86 feet to an ell corner; Thence: South 49 degrees 39 minutes 05 seconds West, 5.00 feet to an ell corner; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SvRVZVMG SEMCU Ma Crnr of Foxr WowH * 8851 Camp Bowie Blvd Went * FoRr WoRra,lvuu 76116 817 392-7925 * FAx 817-392-7895 e Thence: South 41 degrees 32 minutes 24 seconds East, 103.94 feet to a 1/2"iron rod found at the most easterly corner of herein described parcel from which a 1/2"iron rod found bears North 48 degrees 16 minutes 22 seconds East, 111.02 feet; Thence: South 48 degrees 17 minutes 17 seconds West at 200.11 feet passing a PKNAIL found continuing in all, 314.69 feet to a cotton spindle set in asphalt at the most southerly corner of herein described parcel lying on the common line of said Lease 5N from which a cotton spindle shank found(no head)bears South 41 degrees 41 minutes 08 seconds East, 28.30 feet being the most southeasterly corner of said Lease 5N; Thence: with said common line,North 41 degrees 41 minutes 08 seconds West, 342.91 feet to the Place of Beginning containing 2.867 acres. Surveyed on the ground on April 28, 2014. Basis of bearings: SMARTnet Texas R.T.K. Network System,N.A.D. 83, North Central Texas Zone. 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. F CRYSTAL D.,HARRIS \,.�.1.�•�Apo 6 s57�P iC �l 11A tA TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SU R.VZYMG SERVICU Tm:Cnv of FoxT WORTH * 8851 Camp Bowie Blvd Wert * FORT WonTH TExAS 76116 817 392-7925 * FAx 817-392-7895 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F° H COUNCIL ACTION: Approved on 8/5/2014 DATE: 8/5/2014 REFERENCE NO.: **C-26901 LOG NAME: 55FTW AMEND2 DELTA AERO LEASE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 20280, a Hangar Lease Agreement, for Lease Site 4N with Delta Aeronautics, Inc., at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 2 to City Secretary Contract No. 20280, a Hangar Lease Agreement, for Lease Site 4N with Delta Aeronautics, Inc., at Fort Worth Meacham International Airport. DISCUSSION: On April 28, 1994, (M&C C-14157) the City Council authorized a Hangar Lease Agreement for Lease Site 4N, also known as City Secretary Contract (CSC) No. 20280 with Texas Avionics, Inc., at Fort Worth Meacham International Airport (Meacham). Lease Site 4N consists of 91,047 square feet of ground space and includes an 18,595 square foot hangar. On March 26, 1996, (M&C C-15352) the City Council approved Amendment No. 1 to amend CSC No. 20280 to provide for a 30 year term without a conditional construction requirement; to allow Lessee to provide ground transportation, automobile rentals and food sales and potentially other concessions; and to reference Texas Avionics, Inc. d/b/a Texas Aviation Services, as the new operational name. On May 13, 2008, (M&C C-22747) the City Council approved an assignment of CSC No. 20280 from Texas Avionics, Inc. d/b/a Texas Aviation Services to Delta Aeronautics, Inc., (CSC No. 37080). This Amendment No. 2 expands the premises to allow for additional parking of planes to the west of the hangar. The added 33,938.52 square feet of ground space, at a ground rate of$0.32 per square foot, will generate additional revenue of approximately $10,828.65 annually; $902.39 monthly. All other provisions and conditions of the Lease shall remain in full force and effect. The property is located in COUNCIL DISTRICT 2, Mapsco 48W. 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. TO Fund/Account/Centers FROM Fund/Account/Centers PE40 491052 0551101 $10,828.65 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: James Burris (5403)