HomeMy WebLinkAboutContract 31988-A2 CITY SECRETARY
AMENDMENT NO.2 CONTRACT NO.. ,
CITY SECRETARY CONTRACT NO. 31988
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITES 32N AND 33N
This AMENDMENT NO.2 (`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 TEXAS
JET,INC. ("Lessee"), acting by and through REED PIGMAN, its duly authorized President.
RECITALS
WHEREAS, On or about June 29, 2005, Lessor and Lessee entered into City Secretary Contract
("CSC")No. 31988("Lease"),a thirty year Ground Lease for the lease and use of real property known as
Lease Sites 32N and 33N,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 Sites 32N
and 33N and consisting of approximately 49,210 square feet of ground space;
WHEREAS,during the initial term of the Lease,Lessee agreed to pay Lessor as annual rent for
Lease sites 32N and 33N the sum of Ten Thousand, Three Hundred Thirty-Four and 10/100 Dollars
($10,334.10), which is based on a ground rate of $0.21 per square foot, payable in equal monthly
installments of Eight Hundred Sixty-One and 18/100 Dollars ($861.18);
WHEREAS, On or about March 21, 2007, Lessor and Lessee entered into CSC No. 35107,
Amendment No. 1, to increase the square footage of the Premises from 49,210 square feet to 67,435
square feet;
WHEREAS, Lessor and Lessee wish to update the square footage of the Leased Premises,
originally identified in Amendment No. 1, CSC No. 35107, to reflect a second increase to the square
footage of the Leased Premises.
WHEREAS, the current adjusted rate, per Section 3.1. Rates and Adjustments, is currently
$0,3015 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:
Texas Jet,Inc. OFFICIAL RECORD
Amendment No.2 to CSC No.31988
Page 1 of 4 CITY SECRETARY
FT.WORTH,TX
1. Section 1. Property Leased is amended to read as follows:
Lessor hereby demises to Lessee 74,851 square feet of unimproved ground space at Fort
Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County,
Texas, identified as Lease Sites 32N and 33N, ("Premises"), as shown in Exhibit"A-2
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 Twenty-Two Thousand Five Hundred Sixty-Seven Dollars and 57/100 ($22,567.57),
which is based on a rental rate of$0.3015 per square foot on an annual basis, and which will be
payable in equal monthly installments of One Thousand Eight Hundred Eighty Dollars and
63/100 ($1,880.63). On October 1, 2005, and on October 1st 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, 2005, 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, 2005.
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.
Texas Jet,Inc.
Amendment No. 1 to CSC No.31988
Page 2 of 4
I&j WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this
thea,9 day of �/��, ,2017.
CITY OF FORT WORTH:
By: /
Fernando Costa.
Assistant City Manager
Date: 10 0 17
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.
fl
Y'EN L'i.1DER iviY IIAi3D AND SEAL OF OFFICE this ( day
GUSk ,2017.
LINDA K HIRRLINGER
04 Notary Public,State of Texas �dC�
N;••' `,••�P Comm. Expires 02-02-2018 N Public in_and for the State of 14xas
Notary ID 12414474.6
APPROVED AS TO FORM ATTEST:
AND L LI N:
By: kti, By:
Paige Mebane MaryQryjer, Oity Secretary
Assistant City Attorney
M&C:
oF•��Rr�y
Approval Date: U.' :-�
Form 1295:
�`XAS•
Texas Jet,Inc.
Amendment No. 1 to CSC No.31988
Page 3 of 4 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract
eluding ensuring all performance and reporting requirements.
Anne-Marie Stowe
Title
LESSEE: ATTEST:
TEXAS JET,INC.
;,—mBy: By:
'kWd igman, President
Date:
LESA MOKE
MY COMMISSION EXPIRES
STATE OF TEXAS § 4 May is,2018
4 .•.
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this day
personally appeared Reed Pigman, 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 TEXAS JET,INC. and that
s/he executed the same as the act of TEXAS JET, INC. for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this -1h day
2017.
Notary Public in and for the State of Texas
Texas Jet,Inc.
Amendment No. 1 to CSC No.31988
Page 4 of 4
EXHIBIT A-2 REVISED
PROPERTYSURVEY
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206 'EES STREET FORT WCRI-H, 7EXA5 76702
EXHIBIT"A"
:PCA-DESCR—aN OF EVE,OATL LEASE EXHIBIT NIAP FOR
AIRCRAFT PARKING
2, BEAAN's REFEpcw=TO NE !.
CCORONAE S:,-STEm, TIE DOVN"N AREA
Noxul)
:SS. CFNTRA-MR1, 2 V FORT WORTHMEACHAM
,M,115 ME SLj��E J.SIANCES INTERNATIONAL AIRPORT I SEAEN� "`p
e
BEING A PORTION OF LOT IR.BLOCK!.
MEACHAM AIRPORTADDITION
AS RECORDED IN'f,,,.srRU,.\lENTN..
D-216220061,PRTCT 'IV
CITY OF FORT NORTH.TARRANT
COUNTY,TEXAS
LEASE 7— 06
t AREA: 7.41� SQUARE FEE- OR �),170 Or AN ACRE OF .AND. MORE OR LESS ATF /16/20' -ERENCE A. MJRIqAY
REui5TERFDPROFESSIONAL LAND
:iRA*.NG '.504709 BN-1 OWG DRAWN BY: ,;CW I CHECKE-C By. 7AM ;SURVEYOR No. 6.59
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GINEEPING GROUP PLC !6CO W ST 02�O —�RT VOF?T�, -,fXAS 7E:47 (9-7) 810-D696 T��PE F-11039--T—BPL-, 10193890 a 2017
Texas Jet,Inc.
Amendment No. I to CSC No.31988
Page 5 of 4
EXHIBIT"A"
LEGAL DESCRIPTION
BEING 7,416 square feet of land located in the J.Wallace Survey,Abstract Number 1605,City of Fort
Worth,Tarrant County,Texas,and being a portion of Lot 1R,Block 1,Meacham Airport Addition,as
recorded in Instrument Number D216220061,Official Public Records,Tarrant County,Texas.Said 7,416
square feet of land being more particularly described using the North Central Texas State Plane
Coordinates NAD 83 datum,as follows:
BEGINNING at a point having a Texas State Plane Coordinate of N=6984213.2220 and E=2319051.4090,
said point lying 352 feet East of the centerline of Taxiway A,and being the northwest corner of"0.417
acre(18,178 square foot)Lease Site"signed by James L.Brittain,RPLS,dated February 26,2007,and
being the southwest corner of a"49,210 square foot Lease Site for Hanger 32N and 33N",said Meacham
Airport Addition,also signed by James L. Brittain,RPLS;
THENCE S 02"16'42"W,a distance of 226.12 feet along the west line of said 0.417 acre Lease Site to a
Mag Nail Set,having Texas State Plane Coordinate of N=6983987.2792 and E=2319042.4194;
THENCE N 08°41'02"W,a distance of 283.47 feet to a 5/8 inch iron rod with cap stamped"Shield
Engineering"set,said iron having a Texas State Plane Coordinate of N=6984267.5000 and
E=2318999.6203;
THENCE N 81°18'58"E,a distance of 43.00 feet to a point in the west line of said 49,210 square foot
Lease Site,having a Texas State Plane Coordinate of N=6984273.9923 and E=2319042.1274;
THENCE S 08°41'02"E,a distance of 61.47 feet along the west line of said 49,210 square foot Lease Site
to the POINT OF BEGINNING,and containing 7,416 square feet or 0.170 of an acre of land,more or less.
OF
Terence A.Murray ,Y •=t,� D-.�S`
Registered Professional Land Surveyor
Texas Registration Number 6059 THENCE p�
Dated:06-16-2017 _. - b05q Q.a
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�a Ry
5 u
5:\PROJECTS\2015047.01 CoFW Survey Services\2015047.09 Texaslet Lease at
Meacham\DESCRIPTION\Lease Description BN-l.docx Page 1
Texas Jet,Inc.
Amendment No.1 to CSC No.31988
Page 6 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/1/2017
DATE: Tuesday, August 1, 2017 REFERENCE NO.: **C-28301
LOG NAME: 55FTW TEXASJET32N33N AMEND02
SUBJECT:
Authorize Execution of Amendment No. 2 to City Secretary Contract No. 31988, an Unimproved Ground
Lease Agreement with Texas Jet, 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. 31988, an Unimproved Ground Lease Agreement with Texas Jet, Inc., at Fort Worth
Meacham International Airport.
DISCUSSION:
On May 24, 2005, Mayor and Council Communication (M&C C-20757), the City Council authorized City
Secretary Contract (CSC) No. 31988, an Unimproved Ground Lease with Texas Jet, Inc., (Texas Jet) at
Fort Worth Meacham International Airport, for Lease Sites 32N and 33N, and consisting of approximately
49,210 square feet of ground space. The Lease is a 30-year lease term with two five year renewal
options.
On January 30, 2007, M&C C-21950, the City Council authorized CSC-35107, Amendment No. 1 with
Texas Jet for Lease Sites 32N and 33N. The Amendment No. 1 increased the current ground space from
approximately 49,210 square feet to approximately 67,435 square feet.
On or about April 5, 2017, Texas Jet approached Staff requesting to update the square footage of the
Leased Premises. As a result of this request, a new survey was completed on June 16, 2017, for Lease
Sites 32N and 33N, increasing the ground space from approximately 67,435 square feet to approximately
74,851 square feet. Under this amendment, Texas Jet will pay annual rent for the Ground the sum of
$22,567.57, based on the rental rate of$0.3015 per square foot, payable in equal monthly installments of
$1,880.63.
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.
FUND IDENTIFIERS (FIDs):
Logname: 55FTW TEXASJET32N33N AMEND02 Page 1 of 2
TO
Fund Department ccoun Project Program ctivity Budget Reference# �mol
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # mol
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 Texas Jet Amend 2.pdf (Public)
2. Map Texas Jet 32N 33N.pdf (Public)
Logname: 55FTW TEXASJET32N33N AMEND02 Page 2 of 2
- �
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
3011!
Complete Nos.1-4 and 6 it there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-230265
Texas Jet,Inc.
Fort Worth,TX United States Date Filed:
2 Name of-governmental of—governmentalentity or state agency that is a party tot the contract for which e form Is 06128/2017
being(fled.
City of Fort worth Date Ack edged:
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Fort Worth Meacham Internation
Amendment No.2 for 32N/33N
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Pigman,Reed Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under of perjury,that the above disclosure Is true and correct.
Pe�Y P )ury�
LESA MOKE
MY COMMISSION EXPIRES Si f orized ent of contracting business erWry
May 18,2018
AFFIX NOTARY STAMP/SEAL ABOVE
-2 e2�r� t
zh
Swom to and subscribed before me,by the said this the XcL_ day of
20 Z 2 ,to certify which,witness my hand and seal of office—
Signature
fice.
Si nature of officer administering oath Printed name of officer administ •ng oath Title of officer administering oath
e g
Forms provided by Texas Ethics Commission www.ethicsstate.tx.us Version V1.0.883