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HomeMy WebLinkAboutContract 35740-A1 CITY SECRETAC; CONTRACT NC. AMENDMENT NO. 1 TO CSC NO.35740 FORT WORTH MEACHAM INTERNATIONAL AIRPORT UNIMPROVED GROUND LEASE AGREEMENT WITH MANDATORY IMPROVEMENTS (CITY SECRETARY CONTRACT NO.35740) 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 and TEXAS JET PARTNERS, L.P. ("Lessee"), acting by and through Reed Pigman, Jr., President of Texas Jet Management, LLC, its General Partner. WHEREAS, on or about September 4, 2007, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 35740, an unimproved ground lease agreement with mandatory improvements for 34,290 square feet of land identified as Lease Site Hangars 34N and 35N, also known as 240 Texas Way, (the "Leased Premises"), at Fort Worth Meacham International Airport ("Airport"). CSC No. 35740 shall hereinafter be referred to as the"Lease"; and WHEREAS, the properties identified in the lease are referenced as Hangars 34N and 35N;and WHEREAS, Lessor and Lessee wish to combine the two properties into one lease site to be known as Lease Site Hangar 34N; and WHEREAS, Lessor and Lessee wish to amend the Lease to revise the scope of the mandatory improvements required by the Lease. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein,the parties agree as follows: FMYSE(RETA FT.1At'E'1,'T)( Texas Jet Partners, L.P. Meacham Airport Amendment No. 1 to CSC 35740 Page 1 of 4 AGREEMENT 1. 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. 2. Section 1. ("PROPERTY LEASED.") of the Lease is hereby repealed and replaced in its entirety with the following: 1. PROPERTY LEASED. Lessor hereby demises to Lessee 34,290 square feet of unimproved ground space at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas identified as: Lease Site Hangar 34N, commonly known as 240 Texas Way, as shown and more fully described in Exhibit "A" attached hereto and made a part of the Lease for all purposes. 3. Section 4.1 ("Mandatory Improvements")of the Lease is hereby amended to include the following: 4.1.1 In accordance with Section 4.1 of this Lease, changes to the provisions and specifications of Exhibit `B", referred to in this Lease as "Mandatory Improvements" have been made by both Lessor and Lessee. Accordingly, Lessor and Lessee hereby agree to those changes and now attach a revised Exhibit"B", which is hereby incorporated into the Lease for all purposes. In accordance with this Lease, Exhibit "B - Revised" hereby supersedes the previous Exhibit`B". 4. 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 Immediately Follow] Texas Jet Partners, L.P. Meacham Airport Amendment No. 1 to CSC 35740 02-06-09 A08: 50 IN Page 2 of 4 IN WITNESS WF :REOF, the parties hereto have executed this Agreement in multiples on this the 5*- clay of �' ,2009. CITY OF FORT WORTH: T.M. Higgins Assistant City Manager Date: Z/s/09 STATE OF TEXAS § COUNTY OF TARR.ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared T.M. Higgins, 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 JII day 2009. ROSELLA BARNES MY COMMISSION EXPIRES March 31,M / E±p` Notary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEt ALI T Y: By: By: &104- Charlene Sanders Marty Hendrix Assistant City Attorney City Secretary M&C: 44i�M=f� 1L RED- CtTYSECRETARY ffW0RT* , P. Meacham Airport Amendment No. 1 to C 35740 TEXAS JET PARTNERS, L.P.: ATTEST: By: By: ame: lkevriligman Title:President,) Texas Jet Management, LLC, General P rtner Date: / f�" /(!7q STATE OF TEXAS § COUNTY OF � § 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 Partners, L.P. and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this-ZA7A day Janu�y ,2001. LESA M(_)KF. My Commission Expires Notary Public in and for the State of Texas May 16,2010 Texas Jet Partners, L.P. Meacham Airport Amendment No. 1 to CSC 35740 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION BEING 34,290 square feet of land located in the S.A. & M.G. RAILROAD COMPANY SURVEY, Abstract No. 1464, Tarrant County, Texas, and being a portion of the Fort Worth Municipal Airport, Meacham Field, as conveyed 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 34,290 square feet of land being more particularly described using the North Central Texas State Plane Coordinates NAD 27 datum, as follows: BEGINNING at a point having a Texas State Plane Coordinate of X = 2,043,528.01, and Y = 421,484.86; THENCE N 01° 25' 08"W 51.79 feet, to a point having a Texas State Plane Coordinate of X = 2,043,526.64, and Y = 421,536.64 THENCE N 880 34' 52" E 4.00 feet, to a point having a Texas State Plane Coordinate of X = 2,043,530.73, and Y = 421,536.74; THENCE N 01° 25' 08" W 80.00 feet, to a point having a Texas State Plane Coordinate of X = 2,043,528.74, and Y = 421,616.71; THENCE N 880 34' 52" E 300.00 feet, to a point having Texas State Plane Coordinate of X =2,043,828.65, and Y= 421,624.14; THENCE S 010 25' 08" E 95.90 feet, to a point having Texas State Plane Coordinate of X = 2,043,831.03, and Y = 421,528.27. THENCE S 810 50' 50"W 306.11 feet, to THE PLACE OF BEGINNING, containing 34,290 square feet of land. mJ-/1e0.W0702275AMGRRC0-18,178 V) s R � Q � a wa � Z �f q WW U za O _ � U Z / m� 3 � Q Q Q 0 2z�n n ! L CY —��_._. _ , I Q 4 o f o I F_ ~ w� y� r i I Q Q7 0 Q zQ� = W Q = #tX (A � H °6 wf-� I I � to f I W O f 11 ul f Q 0 (� cl' O CLJH N N enou t N t CD N In ..k 0 �v v $ 01-251b8" L5_EA TRACS 4tN -Z 3a �o�Quu) ino 95.90t - 1 ? El w l N � to 0 N 0 r,rMNN rM=J i_ (c W C y, F" c� i X� t, ri-� �iolao o COZ 09)00 t0 to OD y I O S Z,NN.NNNIa W < Z N N{N CV IV N Q1 J S. O I� I� I`, M a N a it O 0)J m(3, CT cnrn EK w I n W ^tY-tt"[� co N N W cU 00 CO oo Do PoW Lu LL x`W �g y p O � cD M o.- 7 � OUip o0 QUwx :U tC? 00 ,¢ It >- M!") r'7 Mi;Y) CO LLJ Q U1 N I O 1 C(� N a0 I+' J(n N N(hl H1tlON CN NN a. 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Z v� e Exhibit "B-Revised" Description of Mandatory Improvements Texas Jet Partners, L.P., Lease Site Hangar 34N, Fort Worth Meacham Airport • Construct one 24,000 square foot hangar with attached 2,000 square foot lean-to • Hangar will be typical pre-engineering metal building with concrete floor • Hangar will be used for aircraft storage and associated functions City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 03, 2009 REFERENCE NO.: **C-23310 LOG NAME: 55AMEND 35740 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 35740, an Unimproved Ground Lease Agreement with Texas Jet Partners, L.P., at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 35740, an unimproved ground lease agreement with mandatory improvements with Texas Jet Partners, L.P., for Lease Site Hangars 34N and 35N at Fort Worth Meacham International Airport. DISCUSSION: On September 4, 2007, (M&C C-22327) City Secretary Contract (CSC) No. 35740 was executed, an unimproved ground lease agreement with mandatory improvements with Texas Jet Partners, L.P., for 34,290 square feet of land for the construction of two 12,000 square foot aircraft storage hangars at Fort Worth Meacham International Airport. The two hangars were to be joined together by a common wall and identified as Lease Site Hangars 34N and 35N. Staff has been informed of a change to the initial Exhibit"B"attached to CSC No. 35740. Mr. Reed Pigman of Texas Jet Partners, L.P., has decided to construct one 24,000 square foot hangar with no common wall, instead of the two hangars joined by a common wall. This change requires amending Exhibit"B", to reflect one 24,000 square foot hangar with attached 2,000 square foot lean-to. The new Exhibit"B-Revised", Mandatory Improvements, will replace the previous Exhibit "B" attached to CSC No. 35740. Mr. Pigman would also like to remove the reference of Hangar 35N from the lease since only one hangar, known as Hangar 34N, exists on the lease site. There was no change in the actual lease site itself. All other terms and conditions of CSC No. 35740 will remain unchanged and in effect. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City LoQname: 55AMEND 35740 D.,..o 1 -°'' f � funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office br. Carl Smart (6525) Originating Department Head: Kent Penney (5403) Additional Information Contact: Leah Jipp (5409) ATTACHMENTS No attachments found. T ncrnnma• SSAMFNTI 157AO PaaP 7 nf7