HomeMy WebLinkAboutContract 32469 CITY SECRETARY
CONTRACT NO.
FORT WORTH SPINKS AIRPORT
UNIMPROVED GROUND LEASE AGREEMENT
WITH MANDATORY IMPROVEMENTS
AMENDMENT NO. 1
TO CITY SECRETARY CONTRACT 30655
This Lease Amendment ("Amendment") is entered into by and between THE UITY
OF FORT WORTH ("Lessor"), a home rule municipal corporation situated partly in Tarrant,
Denton, and Wise Counties, Texas, acting by and through Marc Ott, its duly authorized Assistant
City Manager, and FWS REALTY, LTD. ("Lessee"), a limited liability partnership, acting by
and through its General Partner, Harrison Realty Investments, LLC.
WITNESSETH:
WHEREAS, Lessor and Lessee have previously entered into an Unimproved Ground
Lease Agreement with Mandatory Improvements (the"Lease"), approved by the Fort Worth City
Council and duly executed on the 6`h day of October, 2004, said Lease being identified as City
Secretary as Contract No. 30655; and
WHEREAS, Lessee has requested certain amendments to the Lease to allow the
objectives of said Agreement to be achieved in a timely fashion; and
WHEREAS, Lessor and Lessee now desire to amend the Lease as set forth below.
NOW, THEREFORE, and in consideration of the covenants, duties and obligations
herein contained, the parties hereby do mutually agree to amend the Lease as follows:
I.
Section 1. PROPERTY LEASED, shall be amended to read as follows:
Lessor hereby demises to Lessee the unimproved ground space at Fort Worth
Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as the
Lease Premises ("Premises"), as shown in Exhibit "A," said Exhibit "A"
containing pages 1, 2, 3 (As Amended), 4 (As Amended) 5, 6 and 7. The amended
pages, Exhibit "A" Page 3 and Exhibit "A" Page 4, depicting Lease Parcel `B,"
and increasing the square footage of the premises from 24,900 square feet to
47,131 square feet are attached to this Amendment No. 1 and incorporated by
reference for all purposes herein.
Amendment No. 1 to CSC No. 30655
Fort Worth Spinks Airport Unimproved Ground Lease Agreement with Mandatory Improvements
FWS Realty,Ltd.
Page 1 of 4
H.
Section 13. TERMINATION, shall be amended by adding Section 13.6 to read as follows:
13.6. Mandatory Notice to Lender.
In the event that Lessor provides notice to Lessee pursuant to Section 13.1 and/or
Section 13.2 herein, Lessor shall also provide notice to Lessee's Lender, if any, at
the address of Lender provided to Lessor by Lessee. Lessee's Lender shall have
the right, but not the obligation, to cure any default of Lessee within the time
periods provided in Sections 13.1 and/or Section 13.2, plus an additional five (5)
business days thereafter.
III.
Exhibit B MANDATORY IMPROVEMENTS, the last sentence of the first paragraph of
Exhibit`B" shall be amended to read as follows:
Final occupancy of such Terminal Building shall occur no later than December
31, 2005, absent a further written agreement of the parties hereto.
IV.
Exhibit B-1 ADDITIONAL IMPROVEMENTS, the second sentence of the first paragraph
of Exhibit `B-1" shall be amended to read as follows:
Construction of the first twenty thousand square foot of hangar/office space will
begin within two hundred seventy (270) days of execution of the Ground Lease
and must have a final Certificate of Occupancy by December 31, 2005.
V.
Except as provided above, all terms and conditions of the Lease shall remain unchanged
and in full force and effect. In the event of any conflict or inconsistency between the provisions
set forth in this Amendment and the Lease, this Amendment shall govern and control.
Amendment No. 1 to CSC No.30655
Fort Worth Spinks Airport Unimproved Ground Lease Agreement with Mandatory Improvements
FWS Realty,Ltd.
Page 2 of 4
IN WITNESS WHEREOF, the p ties h reto have executed this Amendment in
multiple originals on this the day of , 2005.
LESSOR:
CITY OF FO WORTH:
By;
Marc Ott
Assistant City Manager
ATTEST:
By: N'\ "!��
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Att(:"ey
M & C: 'C_ - ,Uq`1C)
LESSEE:
FWS REALTY, LTD
Harrison Realty Investments, LLC
General Partner
BY: J" " k 'z'—
Alin Cockerham, Manager
Amendment No. 1 to CSC No.30655
Fort Worth Spinks Airport Unimproved Ground Lease Agreement with Mandatory Improvements
FWS Realty,Ltd.
Page 3 of 4
STATE OF TEXAS §
COUNTY OF TARR.ANT §
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 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 said 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 I'/ ` day of,
2005.
i.
HETTIE LANE �,
E(C
' MY COMMISSION EXPIRES �r G-�7� �U/`��---'
• July 26,2007 Notary Public mi and for the State of Texas
-----I---
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 John Cockerham, 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
Harrison Realty Investments LLC as General Partner of FWS Realty, Ltd. and that he
executed the same as the act of FWS Realty, Ltd, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of,
CLQ 2005.
'RYP"�� RITA A. SINGLETON
NOTARY PUBLIC
STATE OF TEXAS "7z�'X�
OMy Comm.Expires 12-15.2008 _
Not Public in and for State of Texas
Amendment No. l to CSC No.30655
Fort Worth Spinks Airport Unimproved Ground Lease Agreement with Mandatory Improvements
FWS Realty,Ltd.
Page 4 of 4
Exhibit 'A'
IDT I BLOM i Fqn\On1Er
S"M Anrdn 0""'w
e
AMPmIRON D S CNPED earl Rao
SIIIPta 69fl1 w �Srart~
rarra a
Km'
ane
rwt rur n vom vu" OF
+SSyyy
w rrra n nR urY a
I n lalTll,r1AAMi iglRY,iCtr..
I IIE00060 I'W.� t.W[1S1
1�An
(n.01 Sn
SARAN GRAY SURVEY AIL No 15e 8
r
a $ .tact I ftxrr c AAFKT
I =S w.0 wean mm 35- T . A.
I g
WT
e
An WELL 0= ST EJn-mc care
Ap"
o•w-I9a1
Y.uxre,•ocax
uR'"s.cm'itot
BOUNDARY LEASE SURVEY
OUT OF THE
ootc ' SARAH GRAY SURVEY
ABSTRACT N0.558 so a w so
TARRANT COUNTY,TEXAS.
NOTES: ( IN FnT )
I. All underground uGlitlee have not been field verified. 1 inch – 50 ft.
2. Thl. . —y wad eompl.t.d Ithout the belent of a current title policy or o rnitmenL
Thee may be oo•emente and/or right3–of–woy that leboll Enpineering Group, Ina.•hoe nat
been advised.
3. Bovie of Bearing Is the north west fine of Block 1–A [N 30.56' 14' EL as shown on a
1-h. Finol Plot of Fort Worth Spinks Airport, on addition to the City of Fort Worth, Torrent
County, Texas as recorded in Cabinet A. Side 354 of the Plat Records of Ton-ant County,
Texoe.
and State Plane Coordinotes. Texoe North Central 4202 and Nod 27.
FI-000 STATEMENT;
I HAVE EXAMINED THE FLOOD INSURANCE RATE MAP FOR THE CITY OF FORT WORTH,
COMMUNITY NO. 480556, EFFECTIVE DATE 5-2-95 AND THAT MAP INDICATES THAT THIS
PROPERTY IS YATHIN NON SHADED ZONE X. AREAS DETERMINED 70 BE OUTSIDE THE 500
YEAR FLOOD ZONE AS SHOWN ON PANEL.330 OF 595 OF SAID MAP,
WiLY1N11r4tMVr 11C
LEGEND :C01 UIlAra 111 CNN ♦1
t/z•trmN Roo solrr+o Project: IEG05181
e I/z•VdaN Roo ser
Drawn by: JPH 1 •Conwuac�n M.t.ruls
4brrm Iws co,r Mores Checked by: AMW
x fm XCur Scafe 1'-30' m.o>.Pwa.res
OntpyMv In Ergk,1V a.w.r—Ras
Exhibit A
Exhibit A
FIELD NOTES
BEING A 1.082 ACRE TRACT OF LAND,SITOATED IN TliE SARAH GRAY
SURVEY,ABSTRACT NO.558 IN TARRANT COUNTY,TEXAS,AND BEING A
PORTION OF BLOCK I AS SHOWN ON THE FINAL PLAT OF FORT WORTH
SPINKS AIRPORT RECORDED IN CABINET A,SLIDE 354,OF THE PLAT
RECORDS OF TARRANT COUNTY,TEXAS.SAID 1.082 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
CON24E.NCINCY at a l/2 inch iron rod found in the west line of BLOCK 1-A also being
in the southeasterly line of a remainder tract of land conveyed to Robert Cole by deed
recorded in Volume 3447,Page 191 of the Deed Records of Tarrant County,Texas;
THENCE North 30°56' 14"East[Basis of Bearing]with the west line of said Block I-A
and the southeasterly line of said Cole Tract,a distance of 286.75 feet,to a 1/2"iron rod
in the west right-of-way line of Stone Road;
THENCE North 12104'00"East,over and across said Block 1 a distance of 1383.87 feet,
to a 1/2 inch capped iron rod set,stamped Isbell Engr,lying in the east line of Lot 1
Block 100 Wing way Read(44.00 foot right-of-way)for the POINT OF BEGINNING
OF THE HEREIN DESCRIBED 1.082 ACRE TRACT;
THENCE North 00°04'40"West along said Wing Way Road a distance of 240.00 feet,to
a 1/2 inch capped iron rod set,stamped Isbell Engr
for the northwest corner hereof;
THENCE North 89°55'20"East along the north line hereof a distance of 196.61 to a 1/2
inch capped iron rod set,stamped Isbell Engr for the northeast corner hereof,
THENCE South 00'02' 19"West along the east line hereof a distance of 240.00 feet to a
112 inch capped iron rod set,stamped Isbell Engr for the south east corner hereof,
TRICE South 89°55'20"West along the south line hereof a distance of 196.13 feet to
the POINT OF BEGINNING and containing 1.083 acres or 47,131 sq.&of land more or
less.
Adam Whitfi
Texas Registered Professional Land Surveyor
Texas Registration No.5786
9fp,6t 4�sR`M"/J�
Date:June 02,2005ADAM HrN YI F1CL�'
r
oRi�91or
��4o suave�oe
RYRTnTm h
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005
DATE: Tuesday, September 13, 2005
LOG NAME: 55HARRISON 1 REFERENCE NO.: **C-20990
SUBJECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 30655, an Unimproved
Ground Lease Agreement with Mandatory Improvements with FWS Realty, LTD. Amending Exhibit
"A" for Lease Parcel "B" by Increasing the Square Footage from 24,900 Square Feet to 47,131
Square Feet at Fort Worth Spinks Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City
Secretary Contract No. 30655, an Unimproved Ground Lease Agreement with Mandatory Improvements
with FWS Realty, LTD. amending Exhibit "A" for Lease parcel "B" by increasing the square footage from
24,900 square feet to 47,131 square feet at Fort Worth Spinks Airport.
DISCUSSION:
On May 18, 2004, (M & C C-20086) the City Council approved City Secretary Contract No. 30655 an
Unimproved Ground Lease Agreement with Mandatory Improvements with FWS Realty, Ltd. for a phased
development project at Fort Worth Spinks Airport. The first phase is the development of a 20,000 square
foot corporate hangar and an executive terminal facility.
FWS Realty, LTD. acting by and through its General Partner, Harrison Realty Investments, L.L.C., has
requested to increase the size of Lease Parcel "B" from 24,900 to 47,131 square feet for the first corporate
hangar. This request is due to an increased demand for larger aircraft storage facilities and associated
parking areas. Phase One has an estimated completion date of December 31, 2005.
The revenue generated from this amendment would increase from $4,482.00 annually to $8,483.58
annually.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the
collection and deposit of funds due the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491352 0551201 $0.00
Submitted for City Manager's Office bT. Marc Ott ((8476))
Originating-Department Head: Mike Feeley ((871-5403))
Additional Information Contact: Mike Feeley ((871-5403))
Logname: 55HARRISON 1 Page 1 of 2