HomeMy WebLinkAboutContract 31744 CITY SECRETARY
CONTRACT NO.
AMENDMENT NO. 1 TO
CITY SECRETARY CONTRACT NO. 28384
TERMINATION OF CITY SECRETARY CONTRACT NO.28390
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
HANGAR LEASE AGREEMENT
(HANGAR IIN)
This HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and between
the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in Tarrant,
Denton and Wise Counties, Texas acting by and through its duly authorized Assistant City Manager,
and TRAJEN FLIGHT SUPPORT, L.P. a Delaware Limited Partnership, acting by and through
John Clanton, its duly authorized Secretary and General Counsel("Lessee").
RECITALS
A. Lessor and Sterling-Fort Worth J C, L.P., previously entered into City Secretary Contract
("CSC")No. 28384, a lease of certain improved and unimproved property at Fort Worth Meacham
International Airport("Airport") known as the Hangar 11N lease site(the"I IN Site"). Lessor
previously consented to the assignment of the 11 N Site by Sterling-Fort Worth J C, L.P., to Trajen
Flight Support, L.P. pursuant to CSC Nos. 28385, 28386, 28388, 28389, and 28390.
B. Lessor and Sterling-Fort Worth J C, L.P., previously entered into CSC No. 28390, a lease of
certain improved and unimproved property at the Airport known as the Hangars 12N and 14N lease
sites (the "12N and 14N Sites"). Lessor previously consented to the assignment of the 12N and 14N
Sites by Sterling-Fort Worth J C, L.P., to Trajen Flight Support, L.P. pursuant to CSC Nos. 28385,
28386, 28388, 28389, and 28390.
C. Lessee now wishes to expand the boundaries for the 11N site to include additional square
footage and a certain portion of the 12N and 14N sites. Further, lessee wishes to terminate CSC No.
28390, as amended, a lease of the property known as the 12N and 14N sites.
In consideration of the mutual covenants, promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. SECTION 1 ("Termination of Previous Lease") of CSC No. 28384 is hereby amended to
include the following:
1.2 TERMINATION OF CSC Nn_ 28390_
CSC No. 28390, a lease of the 12N and 14N Sites is hereby terminated contemporaneously
with the execution of this Lease. However, such termination shall not constitute (i) a release by one
party of any liability accruing or obligation to indemnify under CSC No. 28390 or (ii) a waiver of
Amendment No. l to CSC No.28384 cirf
Hangar 11 N Lease Agreement with
Trajen Flight Support,L.P. /
Terrnination of CSC No.28390
one party to enforce any unperformed duties or obligations of the other under CSC No. 28390.
Section 14 of CSC No. 28390 shall specifically, but without limitation, survive termination.
2. SECTION 2 ("Property Leased") of CSC No. 28384 is hereby amended to read as follows:
2. PROPERTY LEASED_
Lessor hereby demises and leases to Lessee approximately Two Hundred Forty Five
Thousand Five Hundred Twelve (245,512) square feet of improved and unimproved land at the
Airport (collectively, the "New Premises") as follows:
2.1 32,380.58 square feet of hangar space known as 11N; and
2.2 201,334.66 square feet of improved land; and
2.3 11,796.76 square feet of unimproved land.
The New Premises are depicted in the map attached hereto and described as Exhibit "A,"
which is hereby incorporated and made a part of this Lease Agreement for all purposes herein.
3. SECTION 4 ("Rent") of CSC No. 28384 is hereby amended to read as follows:
4.1 MONTHLY RENT FOR PREMISES
Lessee's rent for the New Premises throughout the Term shall be based on rates prescribed
by Lessor's then current published Schedule of Rates and Charges or successor schedule (the
"Schedule of Rates and Charges") in accordance with the square footage of hangar space,
improved land and unimproved land comprising the New Premises. Lessee shall pay monthly rent
for the New Premises based on an annual rate as follows:
(i) $1.50 per square foot for 32,380.58 square feet of hangar space, $48,570.87
annually or$4,047.69 per month; and
(ii) $.24 per square foot for 201,334.66 square feet of improved land, $48,320.32
annually, or $4,026.69 per month; and
(iii) $.21 per square foot for 11,796.76 square feet of unimproved land, $2,477.32
annually, or$206.44 per month.
4. All other terms and conditions of CSC No. 28384 are hereby unchanged and remain in full
force and effect unless otherwise expressly stated herein.
A
Amendment No. I to CSC No.28384 i
Termination of CSC No.28390
Trajen Flight Support
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
day of , 2005.
CITY OF FORT WORT TRAJEN FLIGHT SUPPORT,L.P.:
f �
By: By:
Marc Ott Bobby elvin
Assistant City Manager Secretary and General Counsel
ATTEST: ATTEST:
By:M B,
City Secretary rS
APPROVED AS TO FORM AND LEGALITY:
sy:
Assistant Cit Attorney
M & C: C-20510 2/1/05
Amendment No. I to CSC No.28384 CRY� J��+a G
Termination of CSC No.28390 V ffl',P:
Trajen Flight Support U� �!��?�
Page 3 of 4 u
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 Bobby Melvin, 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
Trajen Flight Support, L.P., and that he executed the same as the act of Trajen Flight Support,
L.P. for the purposes and consideration therein expressed and in the capacity therein stated.I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1.day of
2005.
WCKE:
ZIE L.ADEGBENRO
ubNc,Sle of TexasMymmission Expires L .
FEBRUARY 28,2009 Notary Public in and for the State of x a s
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 ay of ,
2005.
2-�
Notary Public in and for the State of Texas
HETTIE LAVE
MY COMMISSION EXPIRES
h ' July 26,2007
END
Amendment No. 1 to CSC No.28384 vU """''�
Termination of CSC No.28390 �
Trajen Flight Support
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/1/2005
DATE: Tuesday, February 01, 2005
LOG NAME: 55TRAJEN SWAP2 REFERENCE NO.: **C-20510
SUBJECT:
Authorize Amendment to City Secretary Contract 28384, a Hangar Lease Agreement with Trajen
Flight Support and Cancel City Secretary Contract 28390, a Ground Lease Agreement with Trajen
Flight Support, at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Amend City Secretary Contract (CSC) 28384, a Hangar Lease Agreement with Trajen Flight
Support, for Hangar 11-N at Fort Worth Meacham International Airport; and
2. Cancel CSC 28390, a Ground Lease Agreement with Trajen Flight Support, for 12-N and 14-N at
Fort Worth Meacham International Airport.
DISCUSSION:
Trajen Flight Support, through its CEO, Mr. John Clanton, has proposed to modify their existing ground
lease in an effort to obtain more developable property.
Trajen has requested to cancel CSC 28390, a Ground Lease Agreement, for 12-N and 14-N with Trajen
Flight Support. They also request to amend CSC 28348, a Hangar Lease Agreement. The amendment
would bring the total square footage of Lease Site 11-N (Revised) to 245,512 square feet.
Trajen Flight Support will then lease 32,380 square feet of hangar space at a rate of$1.50 per square foot,
201,335.24 square feet of improved land at .24 per square foot and 11,796.76 square feet of unimproved
land at .21 per square foot at Fort Worth Meacham International Airport.
This lease will generate annual revenue of $99,367.78 a year, or $8,280.65 a month. Based on an
assumed start date of February 1, 2004, this agreement will generate $66,245.20 in revenue for the
remainder of the fiscal year.
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 terms
and conditions will follow standard City and Aviation Department policies.
This property is located in COUNCIL DISTRICT 2.
This action was unanimously approved by the Aviation Advisory Board on November 18, 2004.
Logname: 55TRAJEN SWAP2 Page 1 oft
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 to the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491312 0551101 $48,570.00
PE40 491352 0551101 $2,477.32
PE40 491052 0551101 $48,320.46
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55TRAJEN SWAP2 Page 2 of 2