HomeMy WebLinkAboutContract 37288-A1 CITY SECRETARY
CONTRACT N0.,, , �I _41
AMENDMENT NO. 1
CITY SECRETARY CONTRACT NO. 37288
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITE 3-W
This AMENDMENT NO. 1 ("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, 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 July 7, 2008, Lessor and Lessee entered into City Secretary Contract
("CSC")No. 37288 ("Lease"), a thirty year Ground Lease for the lease and use of real property known
as Lease Site 3-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 3-W
and consisting of approximately 21,514 square feet of ground space;
WHEREAS, during the initial term of the Lease, Lessee agreed to pay Lessor as annual rent
for Lease site 3-W the sum of Four Thousand, Seven Hundred Thirty-Three and 08/100 Dollars
($4,733.08), which is based on a ground rate of $0.22 per square foot, payable in equal monthly
installments of Three Hundred Ninety-Four and 42/100 Dollars ($394.42); and
WHEREAS, Lessor and Lessee wish to update the square footage of the Leased Premises,
originally identified in CSC No. 37288, to reflect an increase in the square footage of the Leased
Premises.
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:
1. Section 1.2. Property Leased is amended to read as follows:
Lessor hereby demises to Lessee 25,266 square feet of unimproved ground space at
Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County,
Texas, identified as Lease Site 3-W, 4051 Lincoln Avenue, formerly known as Lease
WTW Properties,Inc.
Amendment No. 1 to CSC No.37288
Page 1 of 4
Site 52S ("Premises"), as shown in Exhibit "A-1 Revised", attached hereto and
hereby made part of this Lease for all purposes.
2. Section 3.1. Rates and Adjustments is amended to read as follows:
During the Term of this Lease, Lessee shall pay Lessor as annual rent for the Ground Space the
sum of Six Thousand Seven Hundred Seventy-Three Dollars and 81/100 ($6,773.81), which is
based on a rental rate of$0.2681 per square foot on an annual basis, and which will be payable
in equal monthly installments of Five Hundred Sixty-Four Dollars and 48/100 ($564.48). On
October 1, 2008, and on October 1 st of each year thereafter during both the Initial Term and 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 (i) be
increased in any given year by more than ten percent (10%) over the rental rate paid by Lessee
during the immediately preceding twelve (12) months or (ii) 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. If the
Occupancy Date occurs on or after October 1, 2008, Lessee's initial payment of rent shall be
calculated in the same manner as it would have if the Occupancy Date and Lessee's initial
payment of rent had occurred prior to October 1,2008.
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.
WTW Properties,Inc.
Amendment No. I to CSC No.37288
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-28178
LOG NAME: 55FTW WTWPROP3W AMEND01
SUBJECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 37288, 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. 1 to City Secretary
Contract No. 37288, an Unimproved Ground Lease Agreement with WTW Properties, Inc., at Fort Worth
Meacham International Airport.
DISCUSSION:
On May 13, 2008, Mayor and Council Communication (M&C C-22805), the City Council authorized City
Secretary Contract No.37288, an Unimproved Ground Lease with WTW Properties, Inc. (WTW) at Fort
Worth Meacham International Airport for Lease Site 3-W, formerly known as 52-S, and consisting of
approximately 21,514 square feet of ground space. The Lease is a 30-year lease term with two five year
renewal options.
On or about August 22, 2016, WTW approached Staff requesting to update the square footage of the
Leased Premises. As a result of this request, a new survey was completed on December 7, 2016, for
Lease Site 3-W, increasing the ground space from approximately 21,514 square feet to approximately
25,266 square feet. Under this amendment, WTW will pay annual rent for the Ground the sum of
$6,773.81, at a current rate of$0.2681 per square foot, payable in equal monthly installments of$564.48.
All other terms and conditions of the Lease shall remain in full force and effect.
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.
Logname: 55FTW WTWPROP3W AMEND01 Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Deartment ccoun Project Pro ram ctivit Budget Reference # moun
p 1 9 Y
ID ID Year (Chartfield 2
FROM
Fund Department ccount Project Program ctivity Budget Reference # �mount
ID 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 South 3-W Exhibit A-1 Revised.pdf (Public)
Logname: 55FTW WTWPROP3W AMENDOI Page 2 of 2
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this
the ')9 -day of ,2017.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: 4l 'T
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.
GIVE4K UNDER MY HAND AND SEAL OF OFFICE this ej< day
2017.
TRIKINYA L JOHNSON
Notary Public, State of Texas
Notary P lic i d for the State of Texas
Comm. Expires 04-17-2018
Notary ID 1238832.0
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: Sz By:
Paige Me ' ne kiaryfysZer700y Secretary
Assistant City Attorney
M&C: C- A8 I G O
—1[ [ ��F.FOR),�
Approval Date: +�' ,
Form 1295: AD 17- 1'1441 ''O
WTW Properties,Inc. 7�
Amendment No.1 to CSC No.37288S''
Page 3 of 4
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract cluding ensuring all performance and reporting requirements.
A
Anne-Marie St-Mve
Title
LESSEATTEST:
WTW PROPER IES, INC.
By:_ By:
eter Tunn d, V resident
Date: C"-2- 2L 11
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.
.filVEN UNDER MY HAND AND SEAL OF OFFICE this CM day
2017.
No14y P 'c in and for the State of TkQ4s
TAYLOR MICHELLE HAYES
' Notary Public,State of Texas
a, �• Comm.Expires 06-30-2020
' OF Notary 17 12657598-1
WTW Properties,Inc.
Amendment No. 1 to CSC No.37288
Page 4 of 4
EXHIBIT A-1 REVISED
Portion of Lease Area 52-5
No recording info available
Meacham Airport
Fort Worth,Tarrant County,Texas
BEING a 0.580 acre tract of land situated in the John H.Duncan Survey,Abstract Number 397 and the Thomas Hicks Survey,Abstract
Number 1820 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 a portion of a tract of land as described in a Lease agreement as Lease Area 52-5,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 northwest corner of the said called Lease Area 52-5 same being the southwest
corner of Lease Area 1-W as described by Lease Agreement to WTW Properties as shown on document recorded in D214244047,Deed
Records,Tarrant County,Texas(DRTCT),having NAD 83 State Plane Grid Coordinates of Northing=6,981,832.14,Easting=
2,317,557.79;
THENCE with the common line between called Lease Area 52-5 and said Lease Area 1-W the following courses and distances:
North 81°18'52"East,a distance of 137.44 feet to a set mark"X"in concrete;
South 08.43'39"East,a distance of 18.16 feet to a set mark"X"in concrete;
North 81°07'33"East,a distance of 77.86 feet to a set mark"X"in concrete;
THENCE South 08°59'25"West departing the aforementioned common line,a distance of 143.53 feet to a set 5/8 inch iron rod with a
yellow cap marked"BHB INC"(CIRS);
THENCE South 69°45'55"West,a distance of 29.23 feet to a CIRS;
THENCE North 08.43'39"West,a distance of 24.11 feet to a CIRS;
THENCE South 81°16'21"West,a distance of 101.28 feet to a CIRS having NAD 83 State Plane Grid Coordinates of Northing=
6,981,703.59,Easting=2,317,619.71;
THENCE North 08.43'39"West,a distance of 26.47 feet to a CIRS;
THENCE South 81°18'52"West,a distance of 37,59 feet to a CIRS;
THENCE North 08.41'08"West,a distance of 5.00 feet to a set mark"X"in concrete;
THENCE South 81°18'52'West,a distance of 4.19 feet to a set mark"X"in concrete having NAD 83 State Plane Grid Coordinates of
Northing=6,981,728.36,Easting=2,317,573.64;
THENCE North 08.41'08"West,a distance of 105.00 feet to the POINT OF BEGINNING and containing 25,266 Sq Ft or 0.580 acre more
or less.
SURVEYOR'S CERTIFICATION
I,John G.Margotta,a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare
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- current Professional Land Surveying Practices Act.
Texas North Central Zone(4202)NAD83 as
established using GPS Technology in
conjunction with the RTK Cooperative
0 F
Network.Reference frame is NAD83(2011)
Epoch 2010.0000. J h�'G.Margotta �� �� RF0%0
2.All Coordinates are shown at Grid. Registered Professional Land Surveyor #;• ,1�r
3.All distances shown are at ground. No.5956 ••o•••••••••••••••••°•••
Date:November 15,2016 JOHN G. MARGOTTA
Revised December 7,2016 °°:°°°°°°°°°°°°°°°°:°•°
BAIRD, HAMPTON & BROWN, INC. ��� 595613m= BPem
ENGINEERING & SURVEYING
6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 SUR\J
jmorgottoObhbinc.com 817-338-1277 www.bhbinc.com
BHB Project #2014.000.000 TBPE Firm F-44 TBPLS Firm 10011300
Drawing: E:\Surveyl6\912\000 XTO Meacham Hanger Boundary Survey\Dwg\South Lease Area.dwg
N
All of lease area 1-W,WTW Properties,Inc
D214244047,DUCT
W E Portion of Lease Area 52-S
No recording info available
0 80' Meacham Airport
S Fort Worth,Tarrant County,Texas
SCALE: V' = 80'
Lease Area 1—W I I I
WTW Properties, Inc I I�
D214244047 I
DRTCT onclrete
,1160® Portion of Lease arki�lg
®� t®.071 Are 52 S _�
Metal an er
/ FH
FDC
o WV W„X„ SET WV
POB L1 ��, « . 0 'X" SET
Ix. T
, L3 Tower Lease Area
&P HC
N: 6 9 1UT .14 „ Line Table
E: 2,317,557.79
Line# Direction Length
NMetal Hanger Li N81.18'52"E 137.44
Lease Area 5 S _r L2 S8°43'39"E 18.16
L11 0 25,267 SgFt L3 N81'07'33"E 77.86
•x• SET Y SET a 0.580 Acre L4 58.59'25"W 143.53
CIRS
N: 6.981.728.36 "X" ET LS 569'45'55"W 29.23
E: 2,317,573.64 L9 S
r L6 N8"43'39"W 24.11
1 CIRS L7 S'amal CIRS
L7 581'16'21"W 101.28
N: 6.981.703.59 `j CIRS "" LS N8°43'39"W 26.47
E: 2,317,619.71 1&0 %0
.11
L9 581'18'52"W 37.59
Block 3, Meacham Airport L10 N8.41'08"W 5.00
Cabinet A, Slide 2445 L11 581.18'52"W 4.19
LEGEND PRTCT L12N8.41'08"W 105.00
DUCT......Deed Records Tarrant County,Texas
POB..........Point of Beginning
POC..........Point of Commencing SURVEYOR'S CERTIFICATION
PRTCT.......Plat Records Tarrant County,Texas
IRS............Set 5/8 inch iron rod with yellow cap
marked"BHB INC" I,John G.Margotta,a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare
NOTES: that this survey is true and correct and was prepared from an actual survey made under my supervision on
1.Basis of bearing being State Plane Grid- the ground. Further,this survey conforms to the general rules of procedures and practices of the most
Texas North Central Zone(4202)NAD83 as current Professional Land Surveying Practices Act.
established using GPS Technology in ?
conjunction with the RTK Cooperative
Network.Reference frame is NAD83(2011) _r 7 E 0 F rF
ooeeeoo
Epoch 2010.0000. bad G.Margotta gyp•° \STER°e�y
2.All Coordinates are shown at Grid. Registered Professional Land Surveyor C;m FLF Fp°;s
3.All distances shown are at ground. No.5956 :
Date:November 15,2016 a sieeseeeeseeoeesee e°oes
yXBAIRD , HAMPTON & BROWN , INC. JOHN G. MARGOTTA
E3 = ENGINEERING & SURVEYING °A 5956
6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 �9� mESseo�.y0�
jmargotta®bhbinc.com 817-338-1277 www.bhbinc.com SURv�
BHB Project #2014.000.000 TBPE Firm F-44 TBPLS Firm 10011300
Drawing: E:\Surveyl6\912\000 XTO Meacham Hanger Boundary Survey\Dwg\South Lease Area.dwg