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Home My WebLink AboutContract 19353-A1 ITY SECRFTAr %ONTRAC f cC . g353- AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 19353 GROUND LEASE AGREEMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT (HANGAR 10S-B) This AMENDMENT NO. l ("Agreement") 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 and STANLEY C. THOMAS ("Lessee"), an individual. RECITALS WHEREAS, on or about October 5, 1992, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 19353, a twenty-five year Unimproved Ground Lease for the lease and use of real property known as Lease Sites 12-3 and 12-2, Hangar 10S-B, and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport ("Airport"). WHEREAS, the initial term of the Lease is for 25 years, terminating on September 30, 2017. The parties wish to add two five-year Renewal Options to provide the Lessee a total potential lease term of thirty-five (35)years. WHEREAS,due to the investment and improvements proposed for this Lease, the Lessee has requested, and Lessor has agreed to continue to lease the property to Lessee at the unimproved ground rate. AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,Lessor and Lessee hereby agree as follows: 1. Section 2 of CSC 19353 is hereby repealed and deleted in its entirety and replaced with the following: 2. Term of Lease 2.1 Initial Term The initial term of this Lease shall commence on August 15, 1992 ("Effective Date") and expire at 11:59 p.m. on September 30, 2017, unless terminated earlier as provided herein. - --- CFW Meacham Airport 11.C ft RECD Stanley C.Thomas Amendment No. I to CSC No. 19353 +''` 1,9C �r�A�� Page I of 4 . =q. TX 04-15- �IN 2.2 Renewals If Lessee performs and abides by all provisions and conditions of this Lease, upon expiration of the Initial Term of this Lease, Lessee shall have two (2) consecutive options to renew this Lease for two (2) successive terms of five years each (each a "Renewal Term") in accordance with Paragraph 2.3. Lessee shall notify Lessor in writing of its intent to exercise a respective option not less than 90 nor more than 180 days prior to the expiration of the term then in effect. If Lessee does not exercise its option for a first Renewal Term within the time frame provided herein, Lessee shall automatically and simultaneously forfeit its second option to lease the Premises for a second Renewal Term, and Lessee shall no longer have any rights or interest in the Premises following the expiration of the Initial Term. 2.3 Rates and Adjustments On October 1 of each year of the Initial Term, and on October 1 st of each year thereafter during any Renewal Term, Lessee's rental rate shall be subject to increase by Lessor to reflect the upward percentage change, if any, in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as announced by the United States Department of Labor or successor agency (i), for the first increase, since the Effective Date of this Lease and (ii) for each subsequent increase, since the effective date of the last increase; provided, however, that Lessee's rental rates shall not exceed the then-current rates prescribed by Lessor's published Schedule of Rates and Charges for the type or types of property at the Airport similar to the type or types of property that comprise the Premises. 3. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Agreement. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. 4. 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. [Signature pages immediately follow] CFW Meacham Airport Stanley C.Thomas OFFICIAL RECORD Amendment No. I to CSC No. 19353 p Q�� Page 2 of 4 MYApY y F.WO�� 1/� IN WITNESS WHE OF, the parties hereto have executed this Agreement in multiples on this the t'` day of , 2009. CITY OF FORT WORTH: By: T.M. Higgins Assistant City Manager Date: 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 T.M. Higgins, 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 day 2009. 2o,aYPu ., MARIA S. SANCHEZ NOTARY PUBLIC STATE OF TEXAS No Public in and for the Sta of Texas My comm.Ev.12-14-2009 APPROVED AS TO FORM ATTEST: AND LEGALITY: By: � Charlene Sanders Marty Hend Assistant City Attorney City Secretary M&C: Q CFW Meacham Airport Stanley C.Thomas Amendment No. 1 to CSC No. 19353 Page 3 of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,Tx LESSEE: ATTEST: By: By: Name: Stanley Thomas Title: Individual Date: 2 March 2009 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 Stanley C. Thomas, 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 Stanley C. Thomas and that s/he executed the same as the act of Stanley C. Thomas for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day March , 2009. �1µrr ROSAiIA K1RBy Notary Public Notary Public in and or the State f Texas STATE OF TEXAS h OF " My Cantu. Exp.0 .9012011 CFW Meacham Airport OFFICIAL'RECORD Stanley C.Thomas aTy slECRETARY Amendment No. I to CSC No. 19353 ��/� TX Page 4 of 4 FT.WO�f ,n City of Fort Worth, Texas Mayor and Council Communication COUNCIL AC710Nw Approved o *712009 DATE: Tuesday, April 07, 2009 REFERENCE NO.: **C-23425 LOG NAME: 55THOMAS HGR 10S-B SUBJECT: Authorize Amendment No. 1 to City Secretary Contract No. 19353 with Stanley C. Thomas for Hangar 10S- B at Fort Worth Meacham International Airport to Provide Additional Renewal Options RECOMMENDATION: It is recommended that the City Council authorize the City Manager to authorize Amendment No. 1 to City Secretary Contract No. 19353 which adds two five year renewal options with Stanley C. Thomas for Hangar 10S-B at Fort Worth Meacham International Airport. DISCUSSION: On October 5, 1992, (M&C C-13481) City Council authorized the execution of City Secretary Contract (CSC) No. 19353, a 25 year unimproved ground lease with Stanley C. Thomas (Mr. Thomas), which commenced on August 15, 1992, and expires September 30, 2017. This lease site includes 11,619 square feet of ground identified as Hangar 10S-B at Fort Worth Meacham International Airport. An approximate 6,000 square foot hangar was constructed on the premises. Staff has received a formal request from Mr. Thomas to extend the term of his lease beyond the 25 year term. Mr. Thomas did not have any renewal options built into his original lease. Mr. Thomas proposes to complete significant improvements to Hangar 10S-B such as ramp and taxiway asphalt replacement, improved HID lighting and adding an additional 325 square feet of office space. Based on the proposed improvement estimates of$52,106.78, staff has no objections of granting two five year renewal options to provide for a 35 year total lease term. An additional 10 years will help Mr. Thomas recoup his investment. This amendment complies with the Department of Aviation's Minimum Standards. The lease will provide for a 25 year term with two five year renewal options up to September 30, 2027. Rental rates shall be subject to an increase on October 1st of any given year to reflect the upward percentage change, if any, in the Consumer Price Index for the period since the last adjustment. All other terms and conditions of CSC No. 19353 will remain unchanged and in effect. The property is located in COUNCIL DISTRICT 2. 00ALRECM CITY si-r'*9r- '4R'Y FT.WORT?%, rX FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. T.nannmp- 55TH0MAS HGR 10S-B Page 1 of 2 r 7 r FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Carl Smart (6525) Originating Department Head: Kent Penney (5403) Additional Information Contact: Leah Jipp (5409) ATTACHMENTS No attachments found. OFFICIAL RECORD CITY SECRETARY FT.WORTI'I,TX 2 Logname: 55THOMAS HGR 10S-B Page 2 of 2