HomeMy WebLinkAboutContract 46347-A1 rP,,v a x6. 46347-A
AMENDMENT NO. 1 OF FORT WORTH
CITY SECRETARY CONTRACT NO. 46347
This AMENDMENT NO. 1 ("Amendment")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 DELTA
AERONAUTICS, INC. ("Lessee"), a Texas corporation, acting by and through Khaled M. Miloud,
its duly authorized President.
RECITALS
WHEREAS, On January 1, 2015,the City and Delta Aeronautics, Inc. entered into City Secretary
Contract("CSC")No. 46347 ("Lease"), a Hangar and Ground Lease Agreement for the lease and use of
real property known as 4N and any improvements and facilities thereon ("Leased Premises") at Fort
Worth Meacham International Airport("Airport").
WHEREAS,the Leased Premises included 106,292 square feet of Ground Space, including an
18,595 square foot hangar; and
WHEREAS, on May 1, 2018, through Mayor and Council Communication (M&C C-28674),
City Council approved the acceptance of a Texas Department of Transportation Aviation Division grant
for the design and construction of the Midfield Redevelopment Project at Fort Worth Meacham
International Airport. The redevelopment of the midfield area will create new taxiways that will
stimulate hangar development opportunities and provide increased economic viability for the Airport
through lease revenue and fuel flowage fees; and
WHEREAS, in order to facilitate the required clearance to construct the new Taxiway G, it is
necessary to reduce the southwest boundary of the Leased Premises in the Lease by approximately 6,615
square feet; and
WHEREAS, in recognition of the reduction in Ground Space on the Lease,the City has agreed
to offer Delta approximately 5,085 square feet of Ground Space that is adjacent to the northwest
boundary of the current Leased Premises; and
WHEREAS, Lessor and Lessee wish to amend the lease to reflect the change in the Leased
Premises originally identified in CSC No. 46347, to reflect a decrease in the square footage of Ground
Space from 106,292 to approximately 104,762, for a total reduction of approximately 1,530 square feet;
and
WHEREAS, Lessor and Lessee also wish to replace Exhibit A from the Lease with a new
Exhibit A that reflects the new boundaries of Leased Premises.
Fort Worth Meacham International Airport
Delta Aeronautics,LLC
Amendment No. 1 to CSC No.46347
Page 1 of 6 C1T1 SY�p;r.,P•`
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NOW,THEREFORE,for good and valuable consideration,the receipt and adequacy of which are
hereby acknowledged, Lessor and Lessee hereby agree as follows:
1.
The Lease is hereby amended by deleting Section 1, "PROPERTY LEASED," of the Lease in
its entirety and replacing it with the following:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 104,762 square feet of Ground Space
("Ground"), including a 18,595 square foot hangar ("Hangar") at Fort Worth
Meacham International Airport("Airport")in Fort Worth, Tarrant County, Texas,
identified as Lease Site 4N, also known as 151 Meacham Circle Drive,
("Premises"), as shown in Exhibit "A", attached hereto and hereby made a part of
this Lease for all purposes.
2.
The Lease is hereby amended by deleting Section 3.1.2, "Ground Rate,"of the Lease in its entirety
and replacing it with the following:
3.1.2 Ground Rate
Lessee shall commence the payment of rent for the Ground Space on the Effective
Date. Lessee hereby promises and agrees to pay Lessor, as annual rent for the
Ground Space, Thirty Nine Thousand Two Hundred Sixty-Four Dollars and
80/100 ($39,264.80), based on the rental rate of$0.3748 per square foot,payable
in equal monthly installments of Three Thousand Two Hundred Seventy Two
Dollars and 07/100 ($3,272.07).
3.
The Lease is hereby amended by deleting Exhibit A of the Lease in its entirety and replacing it
with Exhibit A of this Amendment.
4.
Except as expressly modified in this Amendment, all other terms and conditions of the Lease
shall remain in full force and effect.
5.
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 Amendment. The Lease is a public document on file in Lessor's City
Fort Worth Meacham International Airport
Delta Aeronautics,Inc.
Amendment No.1 to CSC No.46347
Page 2 of 6
Secretary's Office and is incorporated herein by reference for all purposes.
6.
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 Page Follows]
Fort Worth Meacham International Airport
Delta Aeronautics,Inc.
Amendment No. 1 to CSC No.46347
Page 3 of 6
IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiples on this
the �',,; day of_2ece„�bcr ,2018.
CITY OF FORT WORTH:
By: L.•,t- _
Fernando Nsta
Assistant City Manager
Date: r2��1�/8
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 7�5 day
2018.
y4�°'ar rrel LINDA M.HIRRLIHGER
Vey Notary Ib#124144746 Not ublic in and for the State of Texas
ExOres Febmary+2,2022
APPROVED AS TO FORM ATTEST:
AND LEGALITY: a
By: By: ::
Thomas Royce Hansen, Mary J. er, c1lt ecr . ary...o
Assistant City Attorney
M&C: C-28930
Approval Date: November 13,2018
Form 1295: 2018-416968
Fort Worth Meacham International Airport
Delta Aeronautics,Inc.
Amendment No. 1 to CSC No.46347
Page 4 of 6
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, ' ding ensuring all performance and reporting requirements.
Leasin oordinator
Prin Name
LESSEE:
DELTA AERONAUTICS,INC.
6w
By
1111
Miloud, President
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 Khaled M. Miloud, 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 DELTA AERONAUTICS,
INC. and that s/he executed the same as the act of DELTA AERONAUTICS,INC. for the purposes and
consideration therein expressed and in the capacity therein stated.
�GIIVE, AND AND SEAL OF OFFICE this day
,2018.
ANNE MARIE STOWE
3°' _Notary Public, State of Texas Notary Public in and for the State of Texas
Comm. Expires 05-01-2022
'moi 'pf•'�o'c
a Notary ID 459765
Fort Worth Meacham International Airport
Delta Aeronautics,Inc.
Amendment No.1 to CSC No.46347
Page 5 of 6
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/13/201$
DATE: Tuesday, November 13, 2018 REFERENCE NO.: **C-28930
LOG NAME: 55FTW AMENDNOI DELTAAERONAUTICS4N
SUBJECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 46347, a Hangar and Ground
Lease Agreement with Delta Aeronautics, Inc., at Fort Worth Meacham International Airport (COUNCIL
DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary
Contract No. 46347, a Hangar and Ground Lease Agreement with Delta Aeronautics, Inc., at Fort Worth
Meacham International Airport.
DISCUSSION':
On May 1, 2018, through Mayor and Council Communication (MEPC C-28674), City Council approved the
acceptance of a Texas Department of Transportation Aviation Division grant for the design and
construction of the Midfield Redevelopment Project at Fort Worth Meacham International Airport (Airport).
This project will remove the failed infrastructure encompassed in the closed Runway 9/27 corridor so as to
redevelop the area in accordance with the Airport's Master Plan and Airport Layout Plan. The
redevelopment of the midfield area will create new taxiways that will stimulate hangar development
opportunities and provide increased economic viability for the Airport through lease revenue and fuel
flowage fees.
Delta Aeronautics, Inc., (Delta) currently holds the existing 4N Lease (CSC No. 46347). In order to
facilitate the required clearance to construct the new Taxiway G, it is necessary to reduce the southwest
boundary of the current ground lease space by approximately 6,615 square feet. In recognition of the
reduction in ground space the City has agreed to offer Delta approximately 5,085 square feet of ground
space on the northwest boundary of the current ground lease space.
As a result, a new survey was completed on October 17, 2018, for Lease Site 4N, amending the current
ground space from approximately 106,292 square feet to approximately 104,762 squelre feet. Under the
terms of this amendment, Delta will pay annual rent for the "Ground" the sum of$39,264.80, at the current
Lease rate of$0.3748 per square foot, payable in equal monthly installments of$3,272.07.
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. Upon receipt, these funds will be deposited into the Municipal Airports Fund,
Logname: 55FTW AMENDNOI DELTAAERONAUTICS4N Page 1 of 2
Ground Lease Revenue Account, which has total budgeted revenue in Fiscal Year 2019 of$2,032,490.00.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project 1113rogramI ctivity Budget Refference #Year Chartfield 2
FROM
Depa
Fund rtment Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartffield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Jeff Kloska (5406)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
1. Form 1295 Delta Aeronautics.pdf (Public)
2. Map Delta Aeronautics 4N.pdf (Public)
Logname: 55FTW AMENDNOI DELTAAERONAUTICS4N Page 2 of 2