HomeMy WebLinkAboutContract 32139 CITY SECRETARY
AMENDMENT NO. 1
`ONTRACT NO. 'jr�a
TO CITE' SECRETARY CONTRACT NO. 30198
UNIMPROVED GROUND LEASE AGREEMENT
WITH MANDATORY IMPROVEMENTS
FORT WORTH SPINKS 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 SPINKS AIR
ASSOCIATES, L.L.C. ("Lessee"), a Texas Limited Liability Company acting by and through
its duly authorized Managing Member.
RECITALS
The following statements are true and correct and form the basis of this Agreement:
A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No.
30198 ("Lease"), a Lease Agreement of approximately Eighty Six Thousand Six
Hundred Thirty Three (86,633.00) square feet of unimproved land ("Premises") at
Fort Worth Spinks Airport ("Airport").
B. Lessee now wishes to expand the premises to include additional square footage
and to revise the scope of the mandatory improvements as required by the Lease.
NOW THEREFORE, in consideration of the mutual covenants, promises and
obligations contained herein, the parties agree as follows:
AGREEMENT
1. Section 1 ("Property Leased") of the Lease is hereby amended to read as follows:
1. Property Leased
Lessor hereby demises to Lessee approximately One Hundred Three Thousand
Four Hundred Eighty Two (103,482) square feet of unimproved ground space at Fort
Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas, (Premises"), as
shown on Exhibit "A-1," attached hereto and made a part of this Lease for all purposes.
2. Section. 3.1 ("Annual Rent for Premises") of the Lease is hereby amended to include the
following:
Amendment No. i to CSC No. 30198
City of Fort Worth and Spinks Air Associates � ��'�G,!�
Pagel of4
�, ��, YEN,
3.1 Annual Rent for Premises
Lessee shall pay Lessor rent in the amount of Fourteen Thousand Four Hundred
Eighty Seven and 48/100 Dollars ($14,487.48) which is based on a rental rate of $0.14
per square foot on an annual basis, and which will be payable in monthly installments of
One Thousand Two Hundred Seven and 29/100 Dollars ($1,207.29).
3. Section 6.1 ("Mandatory Improvements") of the Lease is hereby amended to include the
following:
6.1 Mandatory ImproverQments
In accordance with Section 6.1 of the Lease, changes to the provisions and
specifications of Exhibit `B," referred to in the Lease as "Mandatory Improvements"
have been made by both Lessor and Lessee. Accordingly, Lessor and Lessee hereby
agree to those changes and now attach a revised Exhibit "B" known as Exhibit "B-1"
which is hereby incorporated into this Agreement for all purposes. In accordance with the
Lease, Exhibit 11B-1" hereby supersedes the previous Exhibit`B."
4. 9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
9.6. Lessor agrees Lessee shall have the right of ingress and egress to and from
the leased premises by means of roadways for automobiles and taxiways for
aircraft including access during the construction phase of airport improvements,
unless otherwise agreed to in writing by both parties. Such rights shall be
consistent with the rules and regulations with respect to the occupancy and use of
airport premises as adopted from time to time by the City of Fort Worth and by
the Federal Aviation Administration or any other state, federal or local authority.
5. All other terms and conditions of the Lease are hereby unchanged and remain in
full force and effect unless otherwise expressly stated herein.
[Signature Pages Follow]
Amendment No. 1 to CSC No.30198 9
City of Fort Worth and Spinks Air Associates 9 S
Page 2 of 4 F1. v��?�W TEX.
IN WITNESS WHEC OF, the parties hereto have executed this Agreement in multiples this
day of , 2005.
CITY OF FORT WORTH: SPIT KS AIR ASSOC S,L.11
O �ram B
By: y:
Marc Ott ell Clendenen
Assistant City Manager Managing Member
Date: -,-; Date: q—, - 057/ / �
ATTEST: ATTEST:
By:OA PuKk,4�) By:
Marty Hendrix
City Secretary
Approved as to Form and Legality:
�Y*
Maleshia . armer
Assistant City Attorney
M&C: G-14860;Approved 7/19/05
J ,
Amendment No. 1 to CSC No. 30198 OEMCITY ����� i���
City of Fort Worth and Spinks Air Associates
Page 3 of 4 ,.. FIN' TEX,
of
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 Darrell Clendenen, 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
Spinks Air Associates, L.L.C., and that he executed the same as the act of Spinks Air Associates,
L.L.C., for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of JL4 & ,
?J nRkI€ANN NOA'ICN
- a-XAC yj
Notary Public
Jy' STATE of TEXAS Notary Public in and for the State of Texas
MYCoam.Exp. 01/16/07
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 it, ,
20 -,
GAIiIiIL ANN Noi.(C1i
�\ Notary Public Notary Public in and for the State of Texas
I T�)y` STATE OF TEXAS
'};�1�r pJY Cons-a.Exp. Oi/16/07
Amendment No. 1 to CSC No. 30198
RIA a SOW
City of Fort worth and Spinks Air Associates {(��
Page 4 of 4 F 1� r�N1 RTH' TEX,
Exhibit "A-1" Spinks Air Associates, LLC
fit roo
f r
BFrL
. ^R
s
•/ f f f 1 ♦ 1 1 "
/ • r r / r / .=.i. Ia
d f J
/,r r l 1•1 r••,1 1 a/a•r f .. ...... ... .:•-1.'wT; I M•T-:-'.:I.:'r...
f • • e • s / • '.iAi IrAY `p• �. .. :; .-31:. 1F r, 1
• ♦ ,aal/♦aal of Ulf
f Qf
/
♦ '!:' H ♦ \ rte+-s-'i-Tt r r r r r ! f i r J<
fI ral /t �ti•, ' .• - //lr.1• s r ♦ 1 r / ♦ r 1 • ♦ 1'.r:
.141
f { 1p�,� • a 1 r 1 f . . ♦ ♦ s f ! 1
f r r r "l Is
! ; w 7 .�i rte' � ! ! • `:.:1 .r .1.''r,.f I�
1'>Y1lf.
>[ i ♦ / / 1 f T f { r♦f TQM •!ST't"�"f r'h t•Y K —r+F-s-{ J I + l-L.L_
P
M
a
P
4L Y
im
A c Pi- rr rrr r r ' p � Fry g; rr - r rr r> r
r ry :nAt fit' - r �r r C
�[
TIMP
Idlin
Y
�
e
r
'E;' ;� ��� �q� •,~ �y�� � " � � � � „=;z� • Mid
i ;7 i
� 'R
-= �1
nI I
E _ - LF
A
sE �' 3 IrNITNORFH ENGINEERING PWAM KR ��j�Y��4 .:oa Ian W14.SUITE ISO AT � 1 �tP 7,�„o,, Tr T•,.E SPlNKS AIR ASSOCIATES, LLC. H INKS,/�11 ��q♦1.171 2X41(6. 111111$"1”Eu ; S Y H,1"K,
Exhibit "B- 1"
Description of Mandatory Improvements
Spinks Air Associates L.L.C., Fort Worth Spinks Airport
Specifications
Total
Total Impervious Area 259482.31 S.F. (5.957 Acres)
Building 1 16,279.20 S.F.
Building 2 16,285.40 S.F.
Building 3 15,400.77 S.F.
Building 4 21,600.00 S.F.
Building 5 33,000.00 S.F.
Total Building Area 103,482.00 S.F.
Total Cement Area 121,575.00 S.F.
Handicap Parking 4 per variance
Handicap Restrooms 2 mens, 2 womens
Landscaping 0 per variance
Building 1 15 single engine T-Hangar Units
Building 2 15 single engine T-Hangar Units
Building 3 9 multi engine T-Hangar Units
Building 4 5—60' X 50' Box Hangars
1 —60' X 110' Box Hangar
Building 5 5 —60' X 50' Box Hangars
5 —60' X 60' Box Hangars
M&C Review Page 1 of 2
Offlc'a'site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTII
COUNCIL ACTION: Approved on 7/19/2005
DATE: 7/19/2005 REFERENCE NO.: **G-14860 LOG NAME: 55SPINKSAIR
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorization to Execute a Written Consent to Execution of Deed of Trust Lien by Spinks
Air Associates, LLC, in Favor of Citizens National Bank for Lease Sites E-7 through
E-11 and Authorize Execution of Amendment No. 1 to City Secretary Contract 30198,
Increasing the Square Footage from 86,633 to 103,482 at Fort Worth Spinks Airport
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a written consent to the execution of a Deed of Trust Lien
by Spinks Air Associates, LLC in favor of Citizens National Bank in Waxahachie for lease sites E-7
through E-11 at Fort Worth Spinks Airport.
2. Authorize execution of Amendment No. 1 to City Secretary Contract 30198 increasing the initial
square footage from 86,633 square feet to 103,482 square feet at Fort Worth Spinks Airport.
DISCUSSION:
Spinks Air Associates, LLC currently leases Sites E-7, E-8, E-9, E-10 and E-11 at Fort Worth Spinks
Airport pursuant to City Secretary Contract No. 30198. Under the agreement Spinks Air Associates,
LLC leases 86,633 square feet of unimproved ground and is required to construct an aircraft storage
facility consisting of a five hangar complex.
Spinks Air Associates, LLC wishes to obtain financing for this project from Citizens National Bank.
Accordingly, Spinks Air Associates, LLC has requested the City's consent to the execution of a Deed
of Trust Lien on the premises in order for the Bank to secure the loan. The Deed of Trust Lien will
grant the Bank the right to operate as Lessee or to secure another tenant in place of Spinks Air
Associates, LLC, if approved by the City Council, in the event that Spinks Air Associates, LLC
defaults on the loan or the lease with the City of Fort Worth. The Lease Agreement prohibits Spinks
Air Associates, LLC from making any assignment of the lease or causing any lien to be made on
improvements constructed on the leased premises without City Council approval.This type of
transaction is routine for airport tenants with large developments and City staff does not have any
objections to the Spinks Air Associates, LLC request.
Spinks Air Associates, LLC also wishes to increase the square footage of the development from
86,633 square feet to 103,482 square feet due to increased demand for larger aircraft storage
facilities. The revenue generated from this amendment would increase from $12,128.62 annually to
$14,487.48 annually. Based on an assumed start date of August 1, 2005, the additional revenue
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=4248&councildate=7/19/2005 5/24/2017
M&C Review Page 2 of 2
generated for the remainder of the fiscal year will be $2,414.58.
Spinks Airport is located in COUNCIL DISTRICT 8.
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 491352 0551201 $2,414.58
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Mike Feeley (871-5403)
Additional Information Contact: Mike Feeley (871-5403)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=4248&councildate=7/19/2005 5/24/2017