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Home My WebLink AboutContract 11628-A5 a, 1112 AAj -- CITY SECRETLY , . C CONTRACT NO. I F;f APR 132016 ' --� cirYo��oRrw�>�rF� '� CINSECRETARy AMENDMENT NO. 5 AND FINAL RENEWAL AGREEMENT CITY SECRETARY CONTRACT NO. 11628 FORT WORTH MEACHAM INTERNATIONAL AIRPORT GROUND LEASE HANGAR 50S This RENEWAL AGREEMENT ("Lease") 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 JOHN J. JANOVETZ, d/b/a LONE STAR AERO ("Lessee"), a Texas company. RECITALS The following statements are true and correct and form the basis of this Agreement. WHEREAS,Lessor and Texas Aviation Engineering("Previous Lessee"),previously entered into City Secretary Contract("CSC")No. 11628, a twenty-five year Unimproved Ground Lease for the lease and use of real property known as Hangar 50S Lease Site and any improvements and facilities thereon("Leased Premises") at Fort Worth Meacham International Airport("Airport"). WHEREAS,CSC No. 11628 contained two five year renewal options; and. WHEREAS, CSC No. 11628 was subsequently amended by CSC No. 33519 to extend the term for five years extending the lease termination date to December 31, 2011. WHEREAS, on September 20, 2007, Lessor subsequently consented to the Assignment of the Lease by the Previous Lessee to Lessee, by CSC No. 35823. WHEREAS, Lessor and Lessee amended the Lease, by CSC No. 35828, to increase the rental rates in accordance with the current established Aviation Department Schedule of Rates and Charges for similar property at the Airport. CSC Nos. 11628, 33519, 35823 and 35828 are hereinafter collectively referred to as the "Lease". The Lease is a public document on file in Lessor's City Secretary's Office. WHEREAS,the extended term of the Lease expired on December 31, 2011. The parties wish to add an additional five year option to provide the Lessee a total of forty(40)years. WHEREAS, due to the investment and improvements completed for this Lease,the Lessee has requested, and Lessor has agreed to continue to lease the property to Lessee at the current ground rate. E r �r• xDECEIVED 4� CFW Meacham Airport `r John J.Janovetz 4 Amendment No.5 to CSC No.11628 �, APR 15 2016 Page 1 of OFFICIAL RECORD '1NOFFORTWORTH N CITY SECRETARY of CITYSECRETARY FT.WORTH,T�fY, 00 --- � 90 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. The Lease is hereby renewed and extended for a third and final term of five (5) years, commencing on January 1,2016 and expiring on December 31, 2021. 2. In accordance with the established Schedule of Rates and Charges, this lease site of 3,120 square feet at a rate of$0.3800 per square foot will generate revenue of$1,185.60 per year or $98.80 monthly. 3. All other terms and conditions of the Lease shall remain in full force and effect. 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. 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. CFW Meacham Airport John J.Janovetz Amendment No.5 to CSC No. 11628 Page 2 of 4 IN WITNESS WHVREOF,the parties hereto have executed this Agreement in multiples on this the day of 52016. CITY OF FORT WORTH: By: �G / Fernando Costa u+ Assistant City Manager Date: 4,/4Le. 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 l day 4414c2 2016. Notary Public A and the State of Texas CFW Meacham Airport John J.Janovetz Amendment No.5 to CSC No.11628 Page 3 of 4 �S %0 APPROVED AS TO FORM ATTEST: $ o AND LEGALITY: �.° dep, °Oon000°° By: By: Paige Abane ary . ay er, City Secretary Assistant City Attorney M&C:�- a7 � LESSEE: ATTEST: John J. Janovetz By: By: Date: -:2 — o?lo - 0?0/4g 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 J. Janovetz, 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 John J. Janovetz and that s/he executed the same as the act of John J. Janovetz for the purposes and consideration therein expressed and in the capacity therein stated. G- JVEN UNDER MY HAND AND SEAL OF OFFICE this t(/ day 2016. ANNE-MARIE STOWE * Notary Public,State at Texas k Comm.Expires 05-01-2018 Notary Yublic in and for the State of Texas %;E��•'� Notary ID 45976-5 CFW Meacham Airport John J.Janovetz Amendment No.5 to CSC No.11628 OFFICIAL RECORD Page 4 of 4 CITY SECRETARY FT.WORTH,TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/5/2016 DATE: Tuesday, April 05, 2016 REFERENCE NO.: **C-27661 LOG NAME: 55FTW JANOVETZ 3RD 5YEAR SUBJECT: Authorize Execution of Fifth Amendment, Exercising the Third and Final Five-Year Option to Renew City Secretary Contract No. 11628, with John J. Janovetz d/b/a Lone Star Aero for Lease Site 50S at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of Fifth Amendment, exercising the third and final five-year lease option to renew City Secretary Contract No. 11628, with John J. Janovetz d/b/a Lone Star Aero for Lease Site 50S at Fort Worth Meacham International Airport. DISCUSSION: City Secretary Contract (CSC) No.11628, a 25-year Ground Lease with the option for two five-year extensions for Lease Site 50S was executed with Texas Aviation Engineering on April 4, 1981 (Mayor and Council Communication (M&C) C-5442). On January 31, 2006, CSC No. 33519 was approved to exercise the first five-year option to renew, effective January 1, 2006 through December 31, 2011 (M&C C-21281). On September 11, 2007, a Consent to Assignment by Texas Aviation Engineering to John J. Janovetz d/b/a Lone Star Aero was approved (M&C C-22378). Two subsequent amendments were executed to amend the original lease (M&C C-22378 and M&C C-23346). A third amendment added an additional five-year option, for a total of three five-year renewal options to provide lessee a total of 40 years (M&C C- 23346). On January 24, 2012, Amendment No. 4 (CSC No. 11628-A4) was approved to amend CSC No. 33519 and exercise the second five-year option to renew, effective January 1, 2011 through December 31, 2015 (M&C C-25413). On November 13, 2015, City staff received a request from Mr. John J. Janovetz to amend CSC No. 33519 to execute the third and final five-year renewal option in accordance with the Lease Agreement. This third option will have an effective date of January 1, 2016 and will expire on December 31, 2021. In accordance with the established Schedule of Rates and Charges, this lease site of 3,120 square feet at a rate of$0.38 per square foot will generate revenue of$1,185.60 per year or $98.80 monthly. 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 Agreement terms will be in accordance with City and Aviation Department policies. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the Aviation Department is responsible for the collection and deposit of funds due to the City. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccountl Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Anne-Marie Stowe (5415) ATTACHMENTS 1. Form 1295 JJ Janovetz.pdf (Public) 2. Lease Site 50S.pdf (Public) CERTIFICATE OF INTERESTED PARTIESce FORM 1 5I 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-17929 Lone Star Aero Colleyville,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is .�02/24/2016 being filed. CITY OF FORT WORTH Date Ll —) 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. Site 50S Amendment No. 5, Lease Renewal at Fort Worth Meacham International Airport 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary JANOVETZ,JOHN COLLEYVILLE,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. �UpYPU DANIELHANKNSON „ * NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.11/24/2019 NOTARY ID 13045292-7 1-a, e.,q- Sign re of uthorized ent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE r , Sworn to and subscribed before me,by the said\ --Ckn� /�i 7i this the day of . 20� ,to certify which,witness my hand and seal of office. ' Signature of office adm nistering oath Printed name of officer administering oath Title of officer admi istering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312