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HomeMy WebLinkAboutContract 35107-ACf`�`r` ��CFi��A�il'. coN�r��cr r�Q . L�l ���"f AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 31988 FORT WOTH MEACHAM INTERNATIONAL AIRPORT UNIMPROVED GROUND LEASE AGREEMENT AND ASSOCIATED MANDATORY IMPROVEMENTS LEASE SITES 32N AND 33N This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 31988 ("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 and acting by and through Marc Ott, its duly authorized Assistant City Manager, and REED PIGMAN ("Lessee") as President of Texas Jet, Inc. The following introductory provisions are true and correct and form the basis of this Amendment. A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No. 31988 (hereafter referred to as the "Lease"), a lease of approximately 49,210 square feet of unimproved ground at Fort Worth Meacham International Airport ("Airport") identified as Lease Sites 32N and 33N ("Premises"). B. Lessee has made significant improvements to the Premises under the Lease, and desires to increase the square footage of the Premises to be used for additional aircraft parking and tie downs. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Section 1 of the Lease is hereby amended to read as follows: 1. PROPERTY LEASED. Lessor hereby demises to Lessee approximately Sixty Seven Thousand Four Hundred Thirty Five (67,435) square feet of land 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- 1," which is attached hereto and hereby made a part of this Lease for all purposes. 2. Section 3.1 of the Lease (Rates and Adjustments) is hereby amended to read as follows: 3.1. Rates and Adjustments. Page 1 Amendment No. 1 to City Secretary Contract No. 31988 behveen City of Fort Worth and Reed Pigman Pp1 1 'I � � ��. 1 `, � �.. ; .,r,J��.�!..� ;h�s.,�J�:�J ,-, - �, p,� "'v- ��1� �'�1;1 ��/i��� U � .,,nU � � � � �':5'!�✓i�1.��� II�L a Lessee shall commence the payment of rent, upon execution of this Amendment in accordance with this Section 3. Lessee shall pay Lessor rent in the amount of $14,161.35 which is based on a rental rate $0.21 per square foot on an annual basis, and which will be payable in monthly installments of $1,180.11. On October 1, 2007, 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. 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. [Signature Pages Follow] Page 2 Amendment No. 1 to City Secretary Contract No. 31988 between City of Fort Worth and Reed Pigman IN WIT ESS WHEREQF the parties hereto have executed this Amendment in multiples on this �,�� day of �"' �� �`�,��� i , 2007. CITY OF FORT WORTH �� By: , � � -- ' Marc.�A. Ott Assistant City Manager Date: �_�� ' � �� -- �' O C �� ATTEST: LESSEE NAME: �� By:, , ee �Pigman Date: ATTEST: By:l V By: Mart Hen Y City Secretary APPROVED AS TO FORM AND LEGALITY: T- � �Y" � _ Males B. Farmer Assistant City Attorney Contract Authorization: M&C: C-21950; Approved 1/30/2007 Page 3 Amendment No. 1 to City Secretary Contract No. 31988 between City of Fort Worth and Reed Pigman � - —.�.�-�,��� a<�_� a �-��]���):'':l �:��J:;fD� .L v�U�'� ';',`�:;�Is�t��01�% o VSL=� � �� ':;,'� ; ���j�� ���;z a ��i U a 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 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 Reed Pigrnan and that he executed the same as the act of Reed Pigman for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this '�da of Qr' 2007. � y � [seal] ic in and for the State of Texas ,�. LESA MOKE STATE OF TEXAS § MY Commisslon Exphea e.,��rt,� May 16, 20) 0 COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marc A. 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 CITY OF FORT WORTH, and that he executed the same as the act of CITY OF FORT WORTH, as its Assistant City Manager for the purposes and consideration therein expressed and in the capacity therein stated. �y� GNEN UNDER MY HAND AND SEAL OF OFFICE this ��' day of ^/ti�-�. ��L �, 2007. [seal] � � �i - �� / � I �_ /l •.v�.-. i � _ � - ��il�;, , � ��.% Notary Public in and for the State of Texas :.. ,, _a�., a�;•: •: �,, Qy�:�'1`4Ef` ����� �.._`` vr�y' ° �sv cor�n�issia� - �+%�;�` � July 26 ' . �- �� Page 4 Amendment No. 1 to City Secretary Contract No. 31988 behveen City of Fort Worth and Reed Pigman � ) EXHlBIT "A-1� /-.. � ;�T �E � F rF�+; rn��`G` � R� ��iP AMES L. BRITTAI � '°� 16Jh P� � �9ti °�ess�4`'�� 1 � ° suR���i FEBRUARY 26, 2007 � HANGER 32N _I � 103_0' j � iW r � y o m � 1�3.D' � � q 35�Z.00' = � °' HP.NGEft 33N °' POINT �F BEGINNING IXIMATE LOCATIUN OF � �' STORM SEWER LINE �� � ;X) 2043471.18 � (Y) 420611.54 � 0 0 M (X) 20�3456.40 (Y) 420311.90 W fi O N'3 � `a' � O Z � W � � � t3 � Q y i` t70 .— iw �t' '— � � v I�t N � ti M a N O tt') N 87'10'30"W 60.00' CDNCREir_' ��, 9 � � tx) zoa� iso � s (Y) 42063 i .0° (X� 2043530.58 (Y) 420620.03 N 81'S1'46"E so.00' (X) 2043516.32 (Yj 420308.95 COORDINATE DATA; A�L COORdlNATE DATA SNOWN HEREON IS TEXAS STATE Pl1�NE NAD 27 DA7A BASEb ON THE EXISTlNG Iv10NU�iENT CONTROL ESTAf3LISHED AT MF�ICHAM AIRPORT_ BRITTAIN & CI�AWFORD i.�,NO ;iUR�JEYiNG & TOPUGRAFHIC MAPPING i (�i?) 926-Q2" - MEIRD �2`l-51±"< F1X No. �81-7� 926-9�y7 P.C. 6D% 11374 ' 39u8 SGU+4 FP.EE'NAY FO'7! WCRT!i. 7E)'v?S : C!? C •`.MAiI_: AGMMS1t31<<C'AI!�-CRAItiPqR?.COM s � a 0 z O NGAR 29N � I SCALE: NE STCRY ^ � 'hl HANGER � I 1�� — 1 O�� \ A r�nN \_ k'AY EXHIBIT "A" LEASE EXHiBIT A�AP FOR AIRCRAFi' PARKIIJG & T1E D4YVN AREA FURT WDRi'H MEACHAM INTERNATIONAL AlkPflRi' B�ING A P�RTION OF t�EACHAM AIRPORT BL�CK 1 FORT 4VORTH, TARRANT C4UN7Y, TEXAS ;CLB) \SU\NEA�'HA!d��Tf��E!\iXJET32X\ EXHIBIT "A -1" LEGAL DESCRIPTION BEING 18,�78 square feet of land located in the S.A. & M.G. RAILROAD COMPANY SURVEY, Abstract No. 1464, Tarrant County, Texas, and being a por�ion of the Fort Worth Municipal Airport, Meacham Field, as conv�yed to the City of Fort Worth by the deeds recorded in Volume 1074, Page 498, Volume 4958, Page 636, and Volume 1910, Page 561 of the Deed Records of Tarrant County, Texas. Said 18,178 square feet of land being more particularly described using the North Centrai Texas State Plane Coordinates NAD 27 datum, as follows: BEGINNING at a point having a Texas State Plane Coordinate of X= 2,043,471,18, and Y= 420,611.54, said point lying 352 feet East of the centerline of Taxiway A; THENCE N 81 ° 51' 46" E 60.00 feet, to a point having a Texas State Plane Coordinate of X= 2,043,530.58, and Y= 420,620.03; THENCE S 02° 37' 24" W 311.41 feet, to a point having Texas State Piane Caordinate af X= 2,043,51�.32, and Y= 420,308.95; THENCE N 87° 10' 30" W 60.00 feet, to a point having Texas State Plane Coordinate of X= 2,043,456.40, and Y= 420,3� 1.90. THENCE N 02° 49' 30" E 300.00 feet, to THE PLACE OF BEGINNING, containing 18,178 square fieet of land. ,woN��,�7�nzisar�cixaca i�.»e City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/30/2007 DATE: Tuesday, January 30, 2007 LOG NAME: 55TX JET AMEND REFERENCE NO.: **C-21950 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 31988, an Unimproved Ground Lease Agreement with Reed Pigman, President of Texas Jet, Inc., for Lease Sites 32N and 33N to Increase the Square Footage from 49,210 Square Feet to 67,435 Square Feet at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Secretary Contract (CSC) No. 31988, an unimproved ground lease agreement President of Texas Jet, Inc., for lease sites 32N and 33N to increase the square square feet to 67,435 square feet at Fort Worth Meacham International Airport. DISCUSSION: Amendment to City with Reed Pigman, footage from 49,210 On May 24, 2005, (M&C C-20757) City Council authorized the execution of an unimproved ground lease agreement with mandatory improvements with Mr. Reed Pigman, President of Texas Jet, Inc., for 49,210 square feet of unimproved land for the development of two 12,000 square foot aircraft storage hangars, 32N and 33N, and associated parking/maneuvering areas at Fort Worth Meacham International Airport. (CSC No. 31988) The Aviation Department has received a request from Mr. Pigman to amend CSC No. 31988 to include an additional 18,225 square feet of ground to be used for aircraft parking and tie downs. This would increase the total square footage of the lease from 49,210 to 67,435 square feet. The revenue generated from this amendment would increase from $10,334.10 annually to $14,161.35 annually. All other terms and conditions of CSC No. 31988 will remain in effect and unchanged. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Section 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 0551101 3 827.25 Submitted for City Manager's Office b� Orlginating Department Head: Additional Information Contact: Marc Ott (8476) Mike Feeley (5403) Mike Feeley (5403) Logname: SSTX JET AMEND Page 1 of 2