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Home My WebLink AboutContract 35828�ITY S�Cf�EYr�RY �C7fVTRA��' (� `� AMENDMENT TO CITY SECRETARY CONTRACT NO. 11628 AS PREVIOUSLY AM�NDED AND ASSIGNED GROUND LEASE AGREEMENT This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 11628, AS PREVIOUSLY AMENDED AND ASSIGNED ("Amendment") is made and entered into by and between the CITY OF FORT WORTH, TEXAS ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas, acting by and through Marc Ott, its duly authorized Assistant City Manager and JOHN J. JANOVETZ, d/b/a LONE STAR AERO ("Lessee"), a Texas company. The following introductory provisions are true and correct and form the basis of this Consent: A. Lessor and Texas Aviation Engineering ("Previous Lessee"), previously entered into City Secretary Contract ("CSC") No. 11628, an Unimproved Ground Lease for the lease and use of real property known as Hangar 50-5 Lease Site and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport ("Airport"). S. CSC No. 11628 was subsequently amended by CSC No. 33519 to extend the term for five years to expire on December 31, 2011. C. Lessor subsequently consented to the Assignment of the Lease by the Previous Lessee to Lessee, via CSC No. . CSC Nos. 11628, 33519, and are hereinafter collectively referred to as the "Lease". The Lease is a public document on file in Lessor's City Secretary's Office. D. Lessor and Lessee have agreed to amend the Lease to increase the rental rates in accordance with the current established Aviation Department Schedule of Rates and Charges for similar property at the Airport. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows: SECTION 1. Section 3 of CSC No. 11628 is hereby deleted in its entirety and replaced with the following: _ __-._ --._:a= ._,--.; ��.^ � 1 �2� �' o � � �0l �j ;Y1�. ,��'�� Vv� 3. RENT. �� %, � 5, ,�� . `:] � C L�..\i'2:L- -�r�ol," r,n 3.1. Rates and Adiustments. �`� �';,'` �':' '' 'S �•r � '.r,:. i;, �� i ,��46", ,,�, �;� g Lessee shall commence the payment of rent, in accordance with this Section 3, on the date of execution of this Amendment ("Effective Date"). From the Effective Date until December 31, 2011, Lessee shall pay Lessor rent in the amount of $686.40 which is based on a rental rate $0.22 per square foot on an annual basis, and which will be payable in monthly installments of $57.20. On October 1, 2007, and on October lst of each year thereafter during 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), far 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 Effective Date occurs on or after October 1, 2007, Lessee's initial payment of rent shall be calculated in the same manner as it would have if the Effective Date and Lessee's initial payment of rent had occurred prior to October 1, 2007. 3.2. Payment Dates and Late Fees. Monthly rent payments are due on or before the first (lst) day of each month. Payments must be received during normal working hours by the due date at the location for Lessor's Revenue Office set forth in Section 15. Rent shall be considered past due if Lessor has not received full payment after the tenth (l Oth) day of the month for which payment is due. Without limiting Lessor's termination rights as provided by this Lease, Lessor will assess a late penalty charge of ten percent (10%) per month on the entire balance of any overdue rent that Lessee may accrue. 3.3 Renewal Adiustment. In addition to the rental rate adjustments set forth in Section 3 of this Lease, if Lessee exercises the remaining option to renew this, Lessee agrees to pay Lessor an annual rental rate equal to the then-current rates for the same type of property as prescribed by Lessor's Schedule of Rates and Charges or similarly published schedule in effect at the time of the beginning of the option. SECTION 2. All other terms and conditions of CSC No. 11628 not amended herein remain in full force and effect. [SIGNATURE PAGES FOLLOW] CITY OF FORT W TH: By: / - '" ' M�� ot Assistant City Manager Date: � � �� -� �� `% ATTEST: By: � Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: � �� .�� - By: i� ��r �� .�� _. �r �� Maleshia B. Farmer Assistant City Attorney l� , i ! M&C: t. ��) 1 J '- 11 I► i:_ �_� - 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, lrnown to me to be the person whose name is subscribed to the foregoing instiwnent, 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 ,�D� �� f��- , 2007. : �� ,�--- _�,,�; =_ HE71'IE LANE ` ^.'IY CQPdMISS;ON EXPIRES �";'g',qt';��t"�` July 26, 20t 1 day _-------� � -- - -� � % �'� v(i>-- �G' Notary Public in and for the State of Texas n ;,��?.��( '!:�.'� l �C�rS�,p`��'1) ��r�� .i j 1 J`.� � i��'. 4��. �7I�i V�.� :, .l �� 6� c' I� V 11 � IL�� ., � r!�', ...','�`l��fi, �Li�1, � i LESSEE: JOHN J. JANOVETZ, dlb/a LONE STAR AERO: / �,�� , , By: . ,'"' Name .. a� u �,- /y� �lZ�' �`T �- Title: C9��:a�vc>.7: L,d✓�'� �� c:-�c;� Date: .� _ %.� _ �� C`�� STATE OF TEXAS _. ., COUNTY OF ��:� r y�t �'�--�-- BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John J. Janovetz, 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 John J. Janovetz, d/b/a Lone Star Aero, and that he executed the same as the act of the John J. Janovetz, d/b/a Lone Star Aero, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_> =1' day � �� .,� � � ; � ; ; � - t � _, 2007. `��0�'Y'PL,�';'�•.; LEAH N. JIPP ��[� . ,,= ary Pubiic, State ol Texas y.-� NOMy'CommissionExpfres �"''�� '°' ` SEPT. 25, 2010 _ - j�,�� > , �, i t ( . ��/ ) �`�." }l % '. Notary P,ub ; c in and for e t�te �o Te�as City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/11/2007 DATE: Tuesday, September 11, 2007 LOG NAME: 55TAE CONSENT REFERENCE NO.: **C-22378 SUBJECT: Authorize Execution of Consent to Assignment and Amendment of Unimproved Ground Lease Identified as City Secretary Contract No. 11628, at Fort Worth Meacham International Airport, by Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero ., — . z __�._�.:M. �._.,��.�.�_ ___ _..��.M�:,t._� L_��a t_3{.�-,.��.,� .._.. _.._��....�« �.��W..� ,w_�_ _�.� ��. :___ j �:.-,.�. _. __._._�, - . �. .� . �,�---- RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a written consent to assignment by Texas Aviation Engineering, of all leasehold interest in City Secretary Contract (CSC) No. 11628, as amended by CSC No. 33519, for Leasehold Site 50 South, at Fort Worth Meacham International Airport, to John J. Janovetz, d/b/a Lone Star Aero; and 2. Execute an amendment to CSC No. 11628, as previously amended and assigned, to increase the ground rental rate to the current established Schedule of Rates and Charges for similar property. DISCUSSION: On December 16, 1980, (M&C C-5442) City Council approved the execution of a 25-year unimproved ground lease consisting of 3,120 square feet of unimproved ground with Texas Aviation Engineering, known as Hangar 50 South, at Fort Worth Meacham International Airport. On January 31, 2006, (M&C C-21281) City Council approved the execution of CSC No. 33519, for one five- year lease extension of CSC No. 11628 with Texas Aviation Engineering for Hangar 50 South. The new term of the lease will expire on December 31, 2011. On July 16, 2007, staff received a request from Mr. Uel Stephens, owner of Texas Aviation Engineering, to transfer his unimproved ground lease of Hangar 50 South to John J. Janovetz, d/b/a Lone Star Aero. This would transfer all rights, title and interest from Texas Aviation Engineering to John J. Janovetz, d/b/a Lone Star Aero. Subsequent to the assignment, the current unimproved ground rate will be brought up to the current established Schedule of Rates and Charges. This lease site of 3,120 square feet will generate revenue of $686.40 per year, or $57.20 monthly. This is an increase of $249.60 per year in revenue. Payment of rent with this change will commence upon the execution of the assignment and the amendment. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. Logname: SSTAE CONSENT Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Office of the Finance Department will be responsibie 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 686.40 _ _.� �: ��m.�.-�, .- .� �_--��,-.��. � �: �� .•--3� __:... „�_..�. � _:._...�. .._� Submitted for Citv Manager's Office bv: Marc A. Ott (8476) Ori�inating Department Head: Angie Highland (Acting) (5402) Additional Information Contact: Angie Highland (5402) ,.x-- --,�_-- �— —��.�. __ � Logname: SSTAE CONSENT Page 2 of 2