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HomeMy WebLinkAboutContract 29732-A2 S 6, 5 6 7 $s CITY SECRETARifZ:AL AMENDMENT N0. 2 cor�rRnCTNo. CITY SECRETARY CONTRACT NO. 29732 a FORT WORTH MEACHAM INTERNATIONAL AIRPORT LEASE SITE 1-W 6 8 gii� NDMENT NO. 1 ("Agreement") is made and entered into by and between the CITY OF _ WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and WTW PROPERTIES, INC. ("Lessee"), acting by and through PETER TUNNARD, its duly authorized Vice President. RECITALS WHEREAS, On or about April 5, 2004, Lessor and Lessee entered into City Secretary Contract ("CSC")No. 29732 ("Lease"), a thirty year Ground Lease for the lease and use of real property known as Lease Site 1-W and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport("Airport"). WHEREAS,the Lease contained two five year renewal options; WHEREAS, the Leased Premises included certain real property identified as Lease Site 1-W and consisting of approximately 114,560 square feet of ground space; WHEREAS, during the initial term of the Lease, Lessee agreed to pay Lessor as annual rent for Lease site 1-W the sum of Twenty-Four Thousand Fifty-Seven Dollars and 60/100 ($24,057.60), which is based on a ground rate of $0.21 per square foot, payable in equal monthly installments of Two Thousand Four Dollars and 80/100 ($2,004.80); WHEREAS, On or about August 21, 2008, Lessor and Lessee enter into CSC No. 37465, Amendment No. 1, to increase the square footage of the Premises from 114,560 square feet to 120,212 square feet; WHEREAS, Lessor and Lessee wish to update the square footage of the Leased Premises, originally identified in CSC No..37465, to reflect an additional increase in the square footage of the Leased Premises; and WHEREAS, the current adjusted rate, per Section 3.2. Adjusted Rates, is currently $0.2681 per square foot on an annual basis. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: WTW Properties,Inc. Amendment No.2 to CSC No.29732 Page 1 of 4 or-FICIAL RECORD CITY SECRETARY rr,WORTH,TX 1. Section 1.2. Property Leased is amended to read as follows: Lessor hereby demises to Lessee 154,075 square feet of land at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as Lease Site 1-W ("Premises"), as shown in Exhibit "A-2 Revised", which is attached hereto and hereby made part of this Lease for all purposes. 2. Section 3.1. Annual Rent for Premises is amended to read as follows: Lessee shall commence the payment of rent, upon execution of this Amendment in accordance with this Section 3. Lessee shall pay Lessor rent in the amount of$41,307.51 which is based on a rental rate $0.2681 per square foot on an annual basis, payable in monthly installments of $3,442.29. 3. 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. WTW Properties,Inc. Amendment No.2 to CSC No.29732 Page 2 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/11/2017 DATE: Tuesday, April 11, 2017 REFERENCE NO.: **C-28177 LOG NAME: 55FTW WTWPROP1 W AMEND02 SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 29732, an Unimproved Ground Lease Agreement with WTW Properties, Inc., at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2 to City Secretary Contract No. 29732, an Unimproved Ground Lease Agreement with WTW Properties, Inc., at Fort Worth Meacham International Airport. DISCUSSION: On February 24, 2004, Mayor and Council Communication (M&C L-13767), the City Council authorized City Secretary Contract(CSC) No.29732, an Unimproved Ground Lease with WTW Properties, Inc. (WTW) at Fort Worth Meacham International Airport for Lease Site 1-W, consisting of approximately 114,560 square feet of ground space. The Lease is a 30-year lease term with two five year renewal options. On August 19, 2008, M&C C-22977, the City Council authorized CSC No. 37465, to amend the square footage of the Leased Premises from approximately 114,560 square feet to approximately 120,212 square feet of ground space. On or about August 22, 2016, WTW approached Staff requesting to update the square footage of the Leased Premises. As a result, a new survey was completed on December 7, 2016, for Lease Site 1-W, increasing the ground space from approximately 120,212 square feet to approximately 154,075 square feet. Under the terms of this amendment, WTW will pay annual rent for the "Ground"the sum of $41,307.51, at a current rate of$0.2681 per square foot, payable in equal monthly installments of $3,442.29. All other terms and conditions of the Lease shall remain in full force and effect. J 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): Logname: 55FTW WTWPROPI W AMEND02 Page 1 of 2 FunDepartment ccoun Project ctivity Budget Reference # �mounl ID ID IProgram 1 Year ` (Chartfield 2) FROM r7l_�paID rtment ccoun Project Program ctivity Budget Reference # moun ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Anne-Marie Stowe (5415) ATTACHMENTS 1. Form 1295 -WTW Properties 03.07.2017.pdf (Public) 2. Property Map 1W 3W.pdf (Public) 3. Survey North 1-W Exhibit A-2 Revised.pdf (Public) Logname: 55FTW WTWPROP 1 W AMEND02 Page 2 of 2 IN WITNESS WIIEhFOF,the parties hereto have executed this Agreement in multiples on this the � ay of Ge TQi � ,2017. CITY OF FORT WORTH: B .�� y— Fernando Costa Assistant City Manager Date:_ f/—.Z 1//7 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 VSday &n ,2017. •"""""'% TRIKINYA l JOHNSON .•'pv n� =r0 4 Notary Public,State of Texas Comm.Expires 04-17-2018 Notary Pub in or the State of Texas °;,`,°±° Notary ID 1238832.0 APPROVED AS TO FORM ATTEST: AND LE TY: By: 01 By: Paige ebane -"6 S16, ity 'ecretary Assistant City Attorney M&C: C-�g177 �oF.FoRT� Approval Date: ^fi—% �' 7 C� O Form 1295: WTW Properties,Inc. oFFiCiAL RECORD Amendment No.2 to CSC No.29732 CITY SEC+R ARY Page 3 of 4 p'T.WQin'HtTX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract 'nciuding ensuring all performance and reporting requirements. Anne-Marie Stowe /J Title LESSEE: ATTEST: WTW OPER IES,INC. ;1 By: B Y: 116 _ P ter ThGard,4ace President Date: 0-�) 2 l - w m 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 Peter Tunnard, 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 WTW PROPERTIES,INC. and that s/he executed the same as the act of WTW PROPERTIES, INC. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day 2017. �iIJA"o�D Notary u lic in and for the State exas .► " � TAYLOR MICHELLE ROES i® Notary Public.State';-Pxas Comm.Expires Uti-30.2020 Notary tD 1265759&1 WTW Properties,Inc. Amendment No.2 to CSC No.29732 Page 4 of 4 EXHIBIT A-2 REVISED All of Lease Area 1-W,WTW Properties,Inc D214244047,DRTCT Portion of Lease Area 52-S No recording info available Meacham Airport Fort Worth,Tarrant County,Texas BEING a 3.537 acre tract of land situated in the John H.Duncan Survey,Abstract Number 397,the Thomas Hicks Survey,Abstract Number 1820 and the Charles Putnam Survey,Abstract Number 1250, City of Fort Worth,Tarrant County,Texas and being a portion of Lot 3,Meacham Airport an addition to the city of Fort Worth,Tarrant County,Texas as shown on plat recorded in Cabinet A.,Slide 2445,Plat records,Tarrant County,Texas (PRTCT),and being all of a tract of land as described in a Lease agreement as Lease Area 1-W to WTW Properties,Inc.as recorded in Document Number D214244047 of the Deed Records Tarrant County,Texas(DRTCT)and being a portion of a tract of land as described in a Lease agreement as Lease Area 52-S,an unrecorded document provided by the City of Fort Worth Aviation Department and being more particularly described by metes and bounds as follows:(Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone(4202)NAD83 as established using GPS Technology in conjunction with the RTK Cooperative Network,all distances at ground). BEGINNING at a found mark"X"in concrete for the southeast corner of the said Lease Area 1-W,having NAD 83 State Plane Grid Coordinates of Northing=6,981,873.65,Easting=2,317,944.33; THENCE with the south line of the said Lease Area 1-W the following courses and distances: South 81"07'33"West,a distance of 250.98 feet to a set mark"X"in concrete; North 08°43'39"West,a distance of'18.16 feet to a set mark"X"in concrete; South 81°18'57"at a distance of 137.44 feet passing a found mark"X"in concrete for the southwest corner of the aforementioned Lease Area 1-W,in all a total distance of 246.02 feet to a set 5/8"iron rod with yellow cap marked"BHB INC"(CIRS); THENCE North 08°40'55"West,departing the aforementioned south line,a distance of 308.55 feet to a CIRS; THENCE with the north and east lines of the said Lease Area 1-W the following courses and distances: North 81"17'00"East,at a distance of 108.50 feet passing a found 5/8 inch yellow capped iron rod marked"JACOBS"for the northwest corner the said Lease Area 1-W having NAD 83 State Plane Grid Coordinates of Northing=6,982,137.17,Easting=2,317,511.21 in all a total distance of 465.58 feet to a found mark"X"in concrete for the northeast corner of the said Lease Area 1-W having NAD 83 State Plane Grid Coordinates of Northing=6,982,191.26,Easting=2,317,864.04; South 08°43'51"East,a distance of 89.07 feet to a found 5/8 inch yellow capped iron rod marked"JACOBS'having NAD 83 State Plane Grid Coordinates of Northing=6,982,103.24,Easting=2,317,877.55; South 35°02'53"East,a distance of 70.27 feet to a found 5/8 inch yellow capped iron rod marked"JACOBS'having NAD 83 State Plane Grid Coordinates of Northing=6,982,045.72,Easting=2,317,917.90; South 08°43'51"East,a distance of 174.11 feet to the POINT OF BEGINNING and containing 154,075 SgFt or 3.537 acres more or less. SURVEYOR'S CERTIFICATION NOTES: I,John G.Margatta,a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare 1.Basis of bearing being State Plane Grid- that this survey is true and correct and was prepared from an actual survey made under my supervision on Texas North Central Zone(4202)NAD83 as the ground. Further,this survey conforms to the general rules of procedures and practices of the most established using GPS Technology in current Professional Land Surveying Practices Act. conjunction with the RTK Cooperative Network.Reference frame is NAD83(2011) Epoch 2010.0000. 4z�� 2.Coordinates shown are at Grid. — C E TF 3.All distances shown are at ground. 1 h�:G.Margotta C, \STER Registered Professional Land Surveyor F0:S No.5956 7�s° •s Date:November 15,2016 ••�••••••••••••••••�••• Revised December 7,2016 JOHN G. MAsRGOTTA so ve eee eseeeeseoee°see BAIRD, HAMPTON & BROWN, INC. �.��, 59S ENGINEERING & SURVEYING <q�i0:;;S;� yO 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 S tJ R v jmargottaObhbinc.com 817-338-1277 www.bhbinc.com BHB Project #2016.912.000 TBPE Firm F-44 TBPLS Firm 10011300 Drawing: E:\Surveyl6\912\000 XTO Meacham Hanger Boundary Survey\Dwg\North Lease Mea.dwg N All of Lease Area 1-W,WTW Properties,Inc D214244047,DUCT Portion of lease area 52-S No recording info available W+E Meacham Airport Fort Worth,Tarrant County,Texas 21 ((�� n nn i x•cur $ chafts POnam Survey E: 2,387,664.04 N: 6.982.137.17 AbOrad No.1250 465.58' 0 80' E: 2,317,511.21 5/8�N ROD J�OBBSS GI ��� W SCALE: 1"= 80' s N81•17'0V'E Block 3, Meacham Airport 101 ��� CIRS 08.50 Cabinet A, Slide 2445 &0%. 5/8' IRON I Ap roximate Survey Line PRTCT UP YELLOW CAPPED RON ROD JACOBS N: 6.982103.24 E. 2,317,877.55 8 C E Lease Area 1—W QST UJIo WTW Properties, Inc / (� 00 D214244047 .(/ 5/8-YELLOW CAPPED DUCT IRON DN ROD JACOBS �(/ N,6.982.045.72 O E 2,317,917.90 L I� oe .P � r W X94 0� � 154.075 SaFt �� r ° 111 4% b�® 3.537 Acres on e N Metal Hanger Portion of Leas Z Area 52—S O a, 0 / WV FH 0 LM 0 FDC x'cur 0 WV x'SET... .� WV I'®8 7 "18'5 N 0 L . Tower Lease Area Vr N: E: fi.981 x"c 7 W 2,317,944.33 581' , ` 7c' t•Cur Line Table CIRS 246.02' x•cur ° K Line u Direction Length E: 2,317.557.79 Ll 581'07'33"W 250.98 Metal Hanger L2 N8'43'39"W 18.16 LEGEND Lease Area 5 S L3 sg•43'51"E 89.07 L4 S35'02'S3"E 70.27 DRTCT......Deed Records Tarrant County,Te s POB..........Point of Beginning SURVEYOR'S CERTIFICATION POC..........Point of Commencing RTCT....... lat Records Tarrant County,Texas IR ...,.,,SI,John G.Margotta,a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare marked"BHB INC'et 5/8 inch iron rod with yellow cap that this survey is true and correct and was prepared from an actual survey made under my supervision on NOTES: the ground. Further,this survey conforms to the general rules of procedures and practices of the most 1.Basis of bearing being State Plane Grid- )curreProfessional Land Surveying Practices Act. Texas North Central Zone(4202)NAD83 as established using GPS Technology inconjunction with the RTK Cooperative Margotta S O F T Network.Reference frame is NAD83(2011) Registered Professional Land Surveyor �P••••O F 7e Epoch 2010.0000. No.5956 �e.q�G�STE/�,F'% 2.Coordinates shown are at Grid. *0 Date:November 15,2016 • 3.All distances shown are at ground. Revised December 7,2016 "••"""'•""•"'••"' BBAIRD , HAMPTON & BROWN , INC. •J•oHNG�MARGOTTA ENGINEERING & SURVEYING :•-o 5956 P:•� 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 `9�0 jmargottaObhbinc.com 817-338-1277 www.bhbinc.com SU R BHB Project #2016.912.000 TBPE Firm F-44 TBPLS Firm 10011300 Drawing: E:\Surveyi6\912\000 XTO Meacham Hanger Boundary Survey\Dwg\North Lease Area.dwg