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HomeMy WebLinkAboutContract 36511ry CON RACT NO Y AMENDMENT NO. 1 TO CSC 1IN0.34061 FORT WORTH MEACHAM INTERNATIONAL AIRPORT TERMINAL BUILDING OFFICE LEASE AGREEMENT 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 and situated in Tarrant, Denton and Wise counties Texas, acting by and through Marc Ott, its duly authorized Assistant City Manager, and EPIC HELICOPTERS, LLC ("Lessee"), a Texas Limited Liability Company acting by and through Brian W. Dunaway, its duly authorized manager. RECITALS A. WHEREAS, on or about September 13, 2006, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 34061, a terminal building office lease agreement for seven hundred twenty four (724) square feet of carpeted first floor office space, more specifically identified as Suite 109 (the "Leased Premises"), at Fort Worth Meacham International Airport ("Airport"). CSC No. 34061 shall hereinafter be referred to as the "Lease;" and B. WHEREAS, the Lessee wishes to expand the Leased Premises and complete renovations in order to accommodate its business growth; and C. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the expansion to combine Suite 117 and existing hallway with Suite 109 and expand the Leased Premises to approximately two thousand five hundred (2,500) square feet. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, Lessor and Lessee hereby agree as follows: 1. Section 1. PROPERTY LEASED shall be deleted in its entirety and replaced with the following: Lessor hereby demises and leases to Lessee the following real property (hereinafter referred to as the "Premises") in the Terminal Building ("Terminal") at Fort Worth CFW Meacham Airport Epic Helicopters, LLC Amendment No. 1 to CSC No. 34061 Page 1 of 5 jk �jj1� R`��1� Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1.1 Two Thousand Five Hundred (2,500) square feet of carpeted first floor office space identified as Suites 109 and 117, and depicted on Exhibit "A," which is attached hereto, incorporated and made a part of this Lease for all purposes herein. Z. Section 3. RENT is hereby amended to read as follows: 3.2 Rent During Renewal Terms /Rent Credits._ a. Rental rates for each Renewal Term shall comply with the rates prescribed for the Premises by Lessor's published Schedule of Rates and charges in effect at the same time. Upon issuance of a Certificate of Occupancy for the Premises set forth in Exhibit "A" and the renovations contemplated herein, but not later than ninety (90) days after the execution of this Amendment, Lesse's new rental rate shall be an annual rate of Thirty Seven Thousand Four Hundred Seventy Five dollars and 00/100 ($37,475.00), payable in equal monthly installments of Three Thousand One Hundred Twenty Two dollars and 92/100 ($3,122.92). b. Upon receipt of original, detailed invoices and/or receipts for the renovations, Lessor will issue Lessee monthly rent credits for eighty percent (80%) of the approved construction costs, not to exceed fifty percent (50%) of the monthly rental amount due. 3. Section 13. INSURANCE is hereby amended to read as follows: 13.1 Types of Coverage and Limits. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, CFW Meacham Airport Epic Helicopters, LLC Amendment No. 1 to CSC No. 34061 Page 2 of 5 occupancy, maintenance, existence, or location of the Premises. Lessee shall obtain the following insurance coverage at the limits specified herein: • Commercial General Liability: $300,000.00 per occurrence (including Products and Completed Operations); In addition, Lessee shall be responsible for all insurance to any approved construction, improvements, modifications or renovations on or to the Premises and for personal property of Lessee or in Lessee's care, custody or control. 4. All other provisions and conditions of the Lease that are not expressly amended herein or Erectly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. [Signature Pages Immediately Follow] CFW Meacham Airport Epic Helicopters, LLC Amendment No. 1 to CSC No. 34061 Page 3 of 5 IN WITNESS W EREOF, the parties hereto have executed this Agreement in multiples on this the I*�\day of , 200'3 CITY OF FORT WORTH. By: Assistant City Manager Date: STATE OF TEXAS COUNTY OF TARRANT § 4, X�.A 4.."k BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 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. MA GIVEN UNDER MY HAND AND SEAL OF OFFICE this YIc,a Q , 200.2L. _ =oi�"e"8��; HE1�fIELANE =�i *= MY COMMISSION EXPIRES July 26, 2011 APPROVED AS TO FORM AND LEGALLY: Maleshia �. Farmer Assistant City Attorney Contract Authorization: Date Approved: CFW Meacham Airport Epic Helicopters, LLC Amendment No. 1 to CSC No. 34061 Page 4 of 5 day Notary Public in and for the State of Texas ATTEST: By: City Secretary EPIC HELICOPTERS, LLC: By: Brian Dunaway Manager Date: ; STATE OF TEXAS § COUNTY OF Gt V v Gi vl —�— § ATTEST: By: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Brian W. Dunaway, 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 Epic Helicopters, LLC and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE this � y �-�• day V1� G A � , 20095 + Notary Public, State of Texas y` My Commission Expires SEPT. 25, 2010 CFW Meacham Airport Epic Helicopters, LLC Amendment No. 1 to CSC No. 34061 Page 5 of 5 Exhibit "A" • • ' 4 • A AFL to �. 0 itriPi iGIA sp . ..4 Meacham international Airport First Floor Terminal Building City of Fort Worth, Texas Mayor and Council Communication ._. - COUNCILACTION: Approved on 11/27/2007 DATE: Tuesday, November 27, 2007 LOG NAME: 55EPIC REND REFERENCE NO.: **C-22543 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 34061, a Terminal Building Office Lease Agreement with Epic Helicopters, LLC, for Renovations to Suite 109 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. 34061, a Terminal Building Office Lease Agreement with Epic Helicopters, LLC (Epic), for renovations to Suite 109 at Fort Worth Meacham International Airport. DISCUSSION: On September 12, 2006, (M&C C-21671) City Council authorized execution of a terminal building office lease (CSC No. 34061) for 724 square feet of first floor office space in the terminal building, known as Suite 109, at Fort Worth Meacham Airport. Staff has received a request from Mr. Brian Dunaway, manager of Epic Helicopters, to renovate and expand their leased space, Suite 109, to accommodate their growing helicopter flight training school. This will include the addition of Suite 117 within the terminal building, and merging Epic's existing space, Suite 109, with Suite 117 by an adjoining hallway. Merging the two suites together using the dividing hallway has been approved by the Development Department and does not affect the layout of the terminal building. Epic will also bring out the existing glass front adding additional square footage to the front of the space. These renovations will increase Epic's space by approximately 1,776 square feet for an estimated total of 2,500 square feet. Actual square footage will be calculated upon completion of improvements. In exchange for completion of the improvements, staff agrees to allow monthly rent credits to be issued for 80 percent of the approved construction costs, not to exceed 50 percent of the monthly rent amount due. Epic agrees to provide original, detailed invoices and or receipts after the work is completed. Based on 2,500 square feet, the total estimated revenue received from this lease will be approximately $37,475.00 per year, or $3,122.92 per month. This is an increase in revenue of $26,933.56 per year based on the Aviation Department's current Schedule of Rates and Charges. Rental payments for the additional square footage will not begin until after all renovations are complete and a Certificate of Occupancy is obtained. Rental rates shall be subject to an increase on October 1st of any given year to reflect the upward percentage change, if any, in the Consumer Price Index for the period since the last adjustment. The term of the lease will remain unchanged and in effect. All other terms and conditions will follow standard City and Aviation Department polices. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: Logname: 55EPIC KENO Page 1 of 2 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 491282 0551101_ $37,475.00 Submitted for City Manager's OfFice bv: Marc A. Ott (8476) Ori ig Hating Department Head: Tom Higgins (Acting) (5403) Additional Information Contact: Angie Highland (5402) Logname: SSEPIC KENO Page 2 of 2