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HomeMy WebLinkAboutContract 33809-A1 CfTY SECRETARY CONTRACT N0.v AMENDMENT NO. 1 TO CSC NO.33809 UNIMPROVED GROUND LEASE FORT WORTH MEACHAM AIRPORT LEASE SITES 18N,23N,24N,25N-30N,36N 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 TEXAS JET PARTNERS, L.P. ("Lessee"), a Texas limited partnership, acting herein by and through Reed Pigman,Jr., its duly authorized Managing Partner. Recitals The following statements are true and correct and form the basis of this Agreement: WHEREAS, on April 11, 2006, Texas Jet Partners, L.P. entered into City Secretary Contract No. 33809, an Unimproved Ground Lease Agreement for Lease Sites 18N, 23N, 24N, 25N-30N, 36N consisting of a total of 719,341.52 square feet of ground space at Fort Worth Meacham International Airport(" Lease"); and WHEREAS, the Lease contains a twenty five (25) year lease term that will expire on September 30,2031; and WHEREAS, on August 12, 2012, a storm severely damaged the hangar on site 24N. In order to rebuild, the Lessee has requested that 41,139 square feet of ground space be removed from site 24N in order to facilitate rebuilding efforts; and WHEREAS, a new lease will be executed for the ground space to be removed from site 24N with Hangar 24N,LLC; and 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 Section 1.of CSC No. 33809 is hereby repealed and deleted in its entirety and replaced with the following: Lessor hereby demises to Lessee approximately 678,202.52 square feet of unimproved ground space at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas ("Premises"), as shown in Exhibit "A-1", attached hereto and hereby made a part of this Lease for all purposes. Amendment No.l to CSC No.33809 Unimproved Ground Lease OFFICIAL RECORD Texas Jet Partners,L.P. Page 1 of CITY SECRETARY 3 0 1 FT. WORTH, TX 2. Section 3.1.3. of CSC No. 33809 is hereby repealed and deleted in its entirety and replaced with the following: From December 1, 2012 until September 30, 2013, Lessee shall pay Lessor annual rent in the amount of One Hundred Sixteen Thousand Five Hundred Fifteen and 19/100 Dollars ($116,515.19), which will be payable in twelve monthly installments of Nine Thousand Seven Hundred Nine and 60/100 Dollars($9,709.60). 3. Section 3.1.4. of CSC No. 33809 is hereby repealed and deleted in its entirety and replaced with the following: From October 1, 2013 until September 30, 2021, Lessee shall pay Lessor annual rent in the amount of One Hundred Twenty Thousand Seven Hundred Twenty and 04/100 Dollars ($120,720.04), which will be payable in twelve monthly installments of Ten Thousand Sixty and 00/100 Dollars($10,060.00). 4. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Agreement. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. 5. All other provisions and conditions of the Lease that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. [Signature Pages Follow] Amendment No.l to CSC No.33809 Unimproved Ground Lease Texas Jet Partners,L.P. Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the 0gziay of //�f�4t�Yt�� , 2012. CITY OF FORT WORTH: By:75A:i— Fernando Costa Assistant City Manager Date: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day 42 L4!�&4_ _ — , 2012. EVQNIA DANIELS ` *i *$ b1Y CommisSION EXPIRES July 10,2013 4NotaryPublic in and fo the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALITY Al By: Y• tl Charlene Sanders �— ary J.Ka ,o►A®000Fo�����a Assistant City Attorney City Sec t 4- °oo a��� M&C: o° S�G �'Ko odd Date:— I' Z/ I Z, 000 0000 op AS 4oA' QD.UOb• Amendment No.I to CSC No.33809 Unimproved Ground Lease OFFICIAL RECORD Texas Jet Partners,L.P. Page 3 of 4 CITY SECRETARY FT. WORTH,TX LESSEE: ATTEST: TEXAS JET P TNERS By: By: Ree . Managing P er Date: STATE OF TEXAS § COUNTY OF �r -� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed Pigman, Jr., 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 Partners, L.P. and that s/he executed the same as the act of Texas Jet Partners, L.P. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /74 day 2012. F,A MOKE My c ,my 16,2014 ission Expires �, o Public In and for the State of Texas �n Amendment No.l to CSC No.33809 Unimproved Ground Lease Texas Jet Partners,L.P. Page 4 of 4 F„ a Lam. E•' Ips' _, F x A / >. oho S a ° W Z fi zw E' !r��C a Q \ a N m x N Z r 0. F EE O ovl� m m oo ' ..7 O q 0 chi fir) O \ � � a x a 4 t N N r \ N LL IH W t y q .J Li V�l W uj Q 1p i �i ' SU t € Y _ N N a •rl n C � � � F' �' �, •Y• e � Ci N �a i 113moCL PQ 0 N ix ' � Q W I H N ; U X > Y Z J Y W Z O > O 333 (]may 77 Y oN � O a mb H wi.� o Q Lj S o7o2'37' E � 7 e e ri w a ; `xxf 8M E \ W ! �' kl3g V N s g64549E 4 p AS F1ZO rc 9y1 ' N.�g 45.49 W 257-41' a a m I V,Ns Q �j - 44 azL J ~ H 8454 V' 3 1' Z i_ Z Z g V GL cli CD I(1 m 4 /- VI /- m �Z- QQ QQ 11 GS <an I 6 < q 5z5 p=mj -j o w l 0 7 0 w 0.N 2 W • x 0 S Exhibit "A-1 " FORTWORTH L PROP YY DESOUPTI®N R UMMAM "ORT ASN ,24N (PORT'10N) Being a parcel of land situated in Block 1,Meacham Airport, according to plat recorded in Cabinet A, Slides 2445-2447, Plat Records of Tarrant County,Texas,and including a portion of Texas Jet Lease Site "A" per deed recorded in Volume 6546, Page 267, Deed Records of Tarrant County Texas, (fornierly leased by"Piper Southwest"also known as Lease 24N)and being more particularly described by metes and bounds as follows: Beginning at a 5/8"iron rod set with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"at the northwest corner of herein described parcel; TIIENCE: with the northerly line of herein described parcel,North 81 degrees 14 minutes 55 seconds East, 156.35 feet pass a cotton spindle gear set for the southeast corner of Meacham Lease Site 35N, in all, 170.56 feet to a mark"X" set in concrete with concrete nail at the northeast confer of herein described parcel from which a 5/8'° iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"at the southeast corner of Meacham Lease Site 34N bears; North 81 degrees 14 minutes 55 seconds East, 303.53 feet; THENCE: departing said northerly line, South 02 degrees 02 minutes 37 seconds East, 275.55 feet to a mark"X"set in concrete with concrete nail at the southeast corner of herein described parcel; THENCE: South 87 degrees 57 minutes 07 seconds West, 139.26 feet to a mark"X" set in concrete with concrete nail at the southwest corner of herein described parcel from which a cotton spindle gear set in asphalt at the southwest corner of said Lease Site"A" bears: South 08 degrees 45 minutes 49 seconds East, 85.92 feet; TI IENCE: North 08 degrees 45 minutes 49 seconds West, 257.41 feet to the Place of Beginning, and containing 0.944 acres(41,139.0 square feet) of land. Surveyed on the ground in September of 2012. Note: This portion of Lease 24N is shown as shaded area on Map of Survey. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES Tu.E Crry OF FoKr Woirni * 8851 Camp Bowie Blvd West * FORT WORTH,Texas 76116 817 392-7925 * FAx 817-392-7895 Exhibit "A-1 " Basis of Bearings: City of Port Worth Integrated G.P.S.Network System,N.A.D. 83,North Central Texas Zone. Distances are ground measurements. In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices,663.19(9), This "report"consists of the hereon real property description,and a Map of Survey being attached herewith. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES TnE CITY of FORT WORTH * 8851 Camp Bowie Blvd West * FORT Worm,TEXAS 76116 817 392-7925 * FAx 817-392-7895 M&C_Revienp Page lVf2 �� ����00���� � � �' ��� AGENDA �� ENDA COUNCIL ACTION: Approved on 11/12/2012 � REFERENCE 55FTVVTE�QA8JETPAF�TNER8 ���'�' 11/1�/�01� °°(�-�5S73 ��x� ���8M�' ' NO.: ' AMEND ONE ����J� N K�����E'' {� TYPE' CONSENT C) ' HEARING: SUBJECT: Authorize Amendment No. 1 to City Secretary Contract No. 33809, an Unimproved Ground Lease Agreement, with Texas Jet Partners, LP.. for Lease Sites 18N. 23N. 24N. 25N-30N and 36N at Fort Worth K4eochonl International Airport(COUNCIL DISTRICT 2> RECOMMENDATION: It is recommended that the City Council authorize Amendment No. 1 to City Secretary Contract No. 33809, an Unimproved Ground Lease Agreement, with Texas Jet Partners, L.P., for lease sites 18N, 23N. 24N. 25N-30Nand 3ONotFort Worth Meacham International Airport. DISCUSSION: C)nApril 11. 200O. (K4&CC-213SO) Texas Jet Partners, L.P. (Texas Jad. entered into City Secretary Contract (CSC) No. 33809, an Unimproved Ground Lease Agreement, for lease sites 18N, 23N, 24N, 25N-30N and 36N consisting of a total of 719,341.52 square feet of ground space at Fort Worth Meacham International Airport(Meacham). CSC No. 33809 contains a 25 year lease term that will expire onSeptember 30. 2031. On August 12, 2012, a storm severely damaged the hangar on lease site 24N. In order to reconstruct a larger building, Texas Jet requested that 41,139 square feet of ground space be removed from lease site 24N. A new lease will be executed with Hangar 24N, LLC, for this ground space. Hangar 24N. LLC, and Texas Jet have common ownership. This Amendment No. 1 will reduce the total square footage under CSC No. 33809 to 670.202.52 square feet from the original square footage of 719,341.52. In addition, the rental rates, as identified in CSC No. 33809, will adjust to be in accordance with the adjusted total square footage. With this Amendment No. 1. CSC No. 338OSwill generate revenue ofapproximately $116.515.1Sannually or $9.709.60 monthly. All other terms and conditions will remain unchanged and ineffect. The property imlocated in COUNCIL DISTRICT 2. FISCAL . The Financial Management Services Director certifies that the Aviation Department is responsible for the collection and deposit offunds due tothe City. http://oppa.ofwnot.Vrr/oVuooi| nookctdoc—rcvicxp.asp?lD~~l77Ol&oVuooildotc~~ll/l2/2Ol2 11/15/2012 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers PE40 491352 0551101 $116,515.19 Submitted for City Manager's Office by: Fernando Costa (6122) Originatinq Department Head: Bill Welstead (5402) Additional Information Contact: Jonnie Huitt(5409) ATTACHMENTS 55FTW TexasJetPartners Amend One Exhibit.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=17701&councildate=11/12/2012 11/15/2012