HomeMy WebLinkAboutContract 31808 CITY SECRETARY
CONTRACT NO.
AGREEMENT
RIGHT OF FIRST REFUSAL
TO LEASE SITES 6-S AND 7-S
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This AGREEMENT ("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 situated in portions of Tarrant, Denton and Wise Counties, Texas,
acting by and through Marc Ott, its duly authorized Assistant City Manager, and WOODY
WOODARD FAMILY PARTNERSHIP, LTD., ("Lessee"), a Texas Limited Partnership,
acting by and through Carl D. Woodard, its duly authorized General Partner.
RECITALS
A. Lessor previously entered into City Secretary Contract ("CSC") No. 25211
("Lease"), a Ground Lease Agreement of certain unimproved land known as
Lease Site 2-S ("Premises") at Fort Worth Meacham International Airport
("Airport") with Sandpiper Airport Inn, Inc., ("Previous Lessee") a Texas
corporation.
B. On or about December 23, 1999, pursuant to CSC No. 25473, Lessor Consented
to the Assignment of all rights, title and interest granted in the Lease to Woody
Woodward Family Partnership, LTD d/b/a Texas Aviation Services.
C. CSC No. 25211 was subsequently amended to extend the term of the lease for an
additional ten (10) years, pursuant to CSC No.
D. Lessee has made significant expenditures to maintain, remodel and preserve the
Premises, to which these repairs and renovations have significantly added to the
quality and life of the Premises. To allow for future expansion, Lessee has
requested, and Lessor has agreed, to allow Lessee the Right of First Refusal to
lease Sites 6-S and 7-S ("Additional Premises") at the Airport.
NOW THEREFORE, in consideration of the mutual covenants, promises and
obligations contained herein, the parties agree as follows:
AGREEMENT
1. Additional Premises
Lessor owns approximately Sixty Three Thousand Eight Hundred (63,800) square
feet of unimproved ground known as Lease Sites 6-S and 7-S ("Additional Premises")
at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant
County, Texas, identified in Exhibit "A," attached hereto and hereby made a part of this
Agreement for all purposes. Lessee shall have the right of first refusal to lease those
Right of First Refusal �I�--+ ,, --—„ �,
Woody Woodard Family Partnership, LTD, V vIi,� w2J
Lease Sites 6-S and 7-S �vQ��F] \SL � ���a5
parcels of land known as Sites 6-S and 7-S subject to the terms and conditions set forth
herein. Lessee, at Lessee's sole cost and expense, shall have the Additional Premises
surveyed and, after Lessor and Lessee have approved such survey, the survey shall be
incorporated herein for all purposes and, if agreed to by both Lessor and Lessee, may be
attached as part of or as a replacement to Exhibit "A."
1.1 Site 6-S
From the effective date of this Agreement until September 30, 2005, Lessee shall
have a right of first refusal to lease approximately Thirty One Thousand Five Hundred
(31,500) square feet of unimproved land at the Airport identified as Site 6-S on Exhibit
"A." As consideration for Lessee's right of first refusal to lease Site 6-S, Lessee shall
pay Lessor the sum of$0.01 per square foot or Three Hundred Fifteen Dollars ($315.00).
Lessee may renew its right of first refusal to lease Site 6-S on an annual basis,
commencing on October 1 of a given year and expiring September 30 of the following
year, by (i) notifying Lessor in writing not less than thirty (30) days nor more than one
hundred twenty (120) days prior to the expiration of the one-year term of the then-current
right of first refusal that Lessee wishes to renew its annual right of first refusal to lease
Site 6-S and(ii)paying Lessor the sum of$0.01 per square foot or Three Hundred Fifteen
Dollars ($315.00); provided, however, that Lessee's right of first refusal to lease Site 6-S
shall in no event extend past September 30, 2010.
1.2 Site 7-S
From the effective date of this Agreement until September 30, 2005, Lessee shall
have a right of first refusal to lease approximately Thirty One Thousand Five Hundred
(31,500) square feet of unimproved land at the Airport identified as Site 7-S on Exhibit
"A." As consideration for Lessee's right of first refusal to lease Lease Site 7-S, Lessee
shall pay Lessor the sum of $0.01 per square foot or Three Hundred Fifteen Dollars
($315.00). Lessee may renew its right of first refusal to lease Site 7-S on an annual basis,
commencing on October 1 of a given year and expiring September 30 of the following
year, by (i) notifying Lessor in writing not less than thirty (30) days nor more than one
hundred twenty (120) days prior to the expiration of the one-year term of the then-current
right of first refusal that Lessee wishes to renew its annual right of first refusal to lease
Site 7-S and(ii) paying Lessor the sum of$0.01 per square foot or Three Hundred Fifteen
Dollars ($315.00); provided, however, that Lessee's right of first refusal to lease Site 7-S
shall in no event extend past September 30,2010.
1.3 Prerequisites for Exercise of First Right of Refusal.
Lessee's rights of first refusal to lease the Additional Premises are subject to
(i) Lessor's advance written approval of such written plans and specifications and (ii)
Lessee's reasonable assurance to Lessor that Lessee will commence construction of any
approved development within twelve (12) months. If Lessor does not approve such plans
and specifications or if Lessee does not give Lessor reasonable assurance that Lessee will
Right of First Refusal _.
Woody Woodard Family Partnership,LTD,
Lease Sites 6-S and'l-S
commence construction of any approved development within twelve (12) months, Lessor
shall be under no obligation to lease the Additional Premises to Lessee. Lessee's rights of
first refusal to lease the Additional Premises are also subject to Lessee's advance provision
to Lessor of written plans and specifications for the development of the Additional Premises,
which plans and specifications shall meet or exceed any proposed development for the
Additional Premises or any portion thereof by a third party, as reasonably determined in
good faith by Lessor in its sole discretion. If a third party submits a proposal to Lessor for
development of the Additional Premises or any portion thereof,Lessor shall notify Lessee in
writing as soon as practicable and shall give Lessee not less than thirty (30) days to submit
its own proposal for development of the Additional Premises or any portion thereof. If(i)
Lessee fails to submit such a proposal in accordance with Lessor's instructions or (ii)
Lessee's proposal for development of the Additional Premises does not meet or exceed any
proposed development for the Additional Premises or any portion thereof by a third party, as
reasonably determined in good faith by Lessor in its sole discretion,then Lessor shall be free
to lease the Additional Premises to a third party and Lessee shall no longer have any rights
in or to the Additional Premises.
2. Incorporation Into the Premises.
If the Additional Premises or any portion thereof are leased to Lesee pursuant to this
Agreement, that unimproved land shall be added to, included and defined as part of the
Premises for all purposes.
[Signature Pages Follow]
Right of First Refusal r �J11^I �
woody Woodard Family Partnership,LTD,
Lease Sites 6-S and 7-S ���
EXECUTED IN MULTIPLE ORIGINALS,this/.0--day of , 2005.
CITY OF F RT WORTH: WOODY WOODARD FAMILY
PARTNERSHIP,LTD
By: By:
Marc Ott el, Carl Woodard
Assistant City Manager General Partner
ATTEST: ATTEST:
By: By:
Marty Hendrix
City Secretary
Approved as to Form and Legality:
By:
Mal*eshiaFarrnter
Assistant City Attorney
M&C: C-20702 5/3/05
Right of First Refusal
Woody Woodard Family Partnership,LTD, O a �N �, � I
Lease Sites 6-S and TS � bti 1S5V�
4 CIT' ���HIAlf f
FT, WORTH, MY.
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 Carl Woodard, 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
Woody Woodard Family Partnership, LTD, and that he executed the same as the act of Woody
Woodard Family Partnership, LTD, for the purposes and consideration therein expressed and in
the capacity therein stated.
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
20�
AL
ANGELA PARR MORGAN
ROTARY MW STATE OF TEXAS
commission EXPIRES: Notary�;' lc in and for the State 6f T
a MAY 20, 2008
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 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 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 of ,
ao 05.
1
HE T'f IE LANE Notary Public in and for the State of Texas
MY COMMISSION EXPIRES
July 26,2007
Right of First Refusal
Woody Woodard Family Partnership,LTD, IC:JAIA ZEN
Lease Sites 6-S and 7-S 5 'ITy 6EC; E V
FT. "Onflj m�t
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/3/2005
DATE: Tuesday, May 03, 2005
LOG NAME: 55WOODY WOODARD REFERENCE NO.: **C-20702
SUBJECT:
Authorize Amendment of City Secretary Contract No. 25211, Ground Lease Agreement with Woody
`„V�oodard Family Partnership, LTD for Lease Site 2S and Right of First Refusal for Lease Sites 6S
and 7S at Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Amend City Secretary Contract (CSC) No. 25211 Ground Lease Agreement for lease site 2S with
Woody Woodard Family Partnership, LTD. d/b/a Texas Aviation Services at Meacham International Airport;
and
2. Amend Council approved action related to M&C C-20475 as approved by City Council on January 4,
2005 to reflect the execution of an extension to CSC No. 25211 and the Right to First Refusal for lease sites
6S and 7S with Woody Woodard Family Partnership, LTD. d/b/a Texas Aviation Services at Meacham
International Airport;
DISCUSSION:
On January 4, 2005, (M&C C-20475) City Council approved a 10-year extension of CSC No. 25211, a
Ground Lease Agreement for lease site 2S and Right of First Refusal for lease sites 6S and 7S with Woody
Woodard Family Partnership, LTD. d/b/a Texas Aviation Services at Fort Worth Meacham International
Airport. Woody Woodard Family Partnership, LTD., through its General Partner, Mr. Carl Woodard, has
requested that the contract be amended under the name of Woody Woodard Family Partnership, LTD., and
to have the name Texas Aviation Services removed.
These properties are located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for CitvManaaer's Office b Marc Ott (8476)
Originating Department Head; Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55WOODY WOODARD Page 1 of 1