HomeMy WebLinkAboutContract 35891-A1 (2) CITY SECRETARY
CONTRACT NO. 9
AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35891
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TERMINAL BUILDING OFFICE LEASE
AND RAMP SPACE LICENSE AGREEMENT
SUITE 119
This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 35891
("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 Fernando Costa, its duly authorized Assistant City Manager, and Don
E. Hansen ("Lessee"), an individual.
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.
35891 (hereafter referred to as the "Lease"), a lease of 2,100 square feet of tiled first floor office
space at Fort Worth Meacham International Airport ("Airport") identified as Suite 119
("Premises").
B. Lessee has made improvements to the Premises for which Lessor has approved an
additional $70,844.30 in rent credits.
C. Lessee desires to increase the eligible percentage utilized for applying Rent
Credits to the monthly rent installment.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Lessor and Lessee agree as follows:
1. Section 3.1.3. of the Lease is hereby repealed and replaced with the following:
3.1.3. Rent Credits
Notwithstanding anything to the contrary herein, Lessee shall have the right
to offset against rent payable hereunder for the Leased Premises a number of dollars
equal to $222,851.30 expended by Lessee for those capital improvements made to
the Leased Premises and the Licensed Premises and for that certain landscaping
installed on the Licensed Premises, all of which is specifically identified in Exhibit
"C-1", attached hereto and hereby made a part of this Lease for all purposes, as well
as any other capital improvements or landscaping that are subsequently approved in
writing by the Director of Airport Systems or authorized representative prior to the
earlier of installation or the date in which the expense is incurred (collectively,
Page 1
Amendment No. 1 to City Secretary Contract No.35891 ��
between City of Fort Worth and Don E.Hansen OFFICIAL RECORD
CITY SECRETARY
o 6-?2-l o A 0 7 :31 IN FT.WORTH,TX
"Designated .Airport Improvements"); provided, however, that in no event may
Lessee offset ore than sixty-five percent (65%) of any monthly rent installment
paid hereunder for this purpose. Lessee shall not be entitled to receive a rent credit
for any additiorial Designated Airport Improvements other than those specifically
identified in Exhibit "C". In addition, following at least forty-eight (48) hours'
advance notice to Lessee, Lessor shall have the right, at any time during normal
business hours, to review and audit all financial and business records of Lessee that
relate to Designated Airport Improvements, including, but not limited to,
construction documents, invoices and purchase receipts. Lessee shall make all such
records available to Lessor in the Leased Premises and will otherwise fully
cooperate with Lessor in undertaking such review or audit. Once Lessor has
completed an audit with respect to a given Designated Airport Improvement, Lessor
will not conduct a subsequent audit with respect to the same Designated Airport
Improvement. Upon the expiration of the Term or prior termination of this Lease,
Lessor shall have no obligation to reimburse Lessee for any expense incurred or
expended by Lessee for any modification, construction or improvement at the
Airport, including, but not limited to, any expenditures for Designated Airport
Improvements that Lessee has not yet recouped through the rent credits provided
under this Section 3.1.3.
2. 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.35891
between City of Fort Worth and Don E.Hansen
IN WI T NE� WriEREOF, the parties hereto have executed this Agreement in multiples on
this the �day of , 2010.
CITY OF FORT WORTH:
By: Tv1��wr.aL C.y.C.
Fernando Costa
Assistant City Manager
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 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.
CIIVEN UNDER MY HAND AND SE i OF OFFICE this / day
20 .
EVONfADAN
IELS
-` MY COMMISSION EXPIRES JL4'� ll
July 10,2013
otary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: C-�t ,4ap �0o�'
p Quo° o ?
Charlene Sanders p�o %0 00 Marty Hendrit
Assistant City Attorney d`n $�¢ City Secretary
r�
M&C: - °o o0 rd
t „ � o�00000�°oo �o
Approved: `(' �� I � ��1�1XuoA.a,�'°�
OFFICIAL RECORD
CITY SECRETARY
Page 3 Amendment No.1 to City Secretary Contract No.35891 FT WORTft,i
,TX
between City of Fort Worth and Don E.Hansen
DON E. HANSEN: ATTEST:
An Individual
By:_ B
Y•
Don E. Hansen, In lividually
Date: 5 v
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 Don E. Hansen, 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
Don E. Hansen and that he executed the same as the act of Don E. Hansen for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,:�( day
2010.
tary Pu c in and for the State of Texas
W� Nf��IK_ '
4 NOR"h"C
f *Of TOM
S a�iEnna`�+
I
Page 4
Amendment No.1 to City Secretary Contract No.35891
between City of Fort Worth and Don E.Hansen
Exhibit C-1
V.
Part Company Invoice# Invoice Date Amount Comments
3 Henson's Building 0022 212 7/5/2007 $ 5,057.85 Material Previously Approved in Part 1
4 Albertson's 2/24/2008 $ 105.55 Mulch for Lawn Not a Capital Improvement
5 Alex Murray 10/13/2008 $ 300.00 Terminal Ramp Not a Capital Improvement
5 Navco 5/31/2009 $ 145.54 Algae Buster,ceramic saucers Not a Capital Improvement
5 Lowe's#875719 8/27/2009 $ 51.45 Sprinkler Not a Capital Improvement
Total Non-Eligible Costs $ 5,660.39
Part Company Invoice# Invoice Date Amount Comments
3 Cowtown Canvas&Awning 8/7/2007 $ 2,610.00 Awning on back of Terminal
3 SNC Construction 07102 8/5/2007 $ 1,600.00 Awning Frame
3 SNC Construction 07107 8/20/2007 $ 2,718.82 Installed Awning
3 Moveable Cubicle 12/19/2006 $ 2,202.89 Storage Container
3 Norton Metals 892126 7/30/2007 $ 64.95 Material
3 Norton Metals 893333 8/2/2007 $ 74.48 Material
3 Norton Metals 894321 8/6/2007 $ 40.87 Material
3 Norton Metals 894948 8/7/2007 $ 97.43 Material
This request was for$903.53,
but$74.48 of this amount was
3 Norton Metals 893333 8/2/2007 $ 829.05 Material a duplicate request.
3 Norton Metals 892494 8/1/2007 $ 759.48 Material
4 Mundo Tile FW-11765 10/26/2007 $ 738.49
4 Mundo Tile FW-1194 10/27/2007 $ 320.02 Tile
4 Lowe's 1210837 10/25/2007 $ 383.40 Painting Supplies
4 SNC Construction 07127 10/31/2007 $ 1,777.34 Painting Terminal
4 T.N.Tile Inc. 122106261 11/18/2007 $ 2,686.48 Tile Front&Back
Description:Scalp Lawn,
4 Navco Lawn 2474 11/20/2007 $ 270.63 Perennial Rye Spread Starter Fertilizer.
4 SNC Construction 11/12/2007 $ 1,300.98 Add to Existing Carport
4 Norton Metals 923207 11/1/2007 $ 398.48 Material for Canopy
4 SNC Construction 07129 11/12/2007 $ 825.58 Install fan/storage
4 SNC Construction 07129 11/12/2007 $ 5,043.21 Painted Terminal Building
4 SNC Construction 07131 11/27/2007 $ 2,713.00 Painted Exterior Terminal Bldg.
4 SNC Construction 07132 11/27/2007 $ 1,574.49 Add to Existing Carport
4 Henson's Building 00224939 11/16/2007 $ 1,682.60 Metal Material
4 Lowe's 1023473 11/15/2007 $ 1,232.70 Ramp/Parking Repairs
4 Steel Rolling Serv. SRS-1672 12/6/2007 $ 1,056.00 Square Awning
4 SNC Construction 07139 12/24/2007 $ 1,208.10 Install cabinets,Antenna
4 SNC Construction 08007 2/25/2008 $ 3,010.00 Material&Labor canopy/awning
4 Norton Metals 2/22/2008 $ 117.16 Carport
4 United Door Sales 4/1/2008 $ 1,150.00 Roll-up Door
4 ACF Tarp 4/2/2008 $ 6,262.26 Awning on ramp side
5 Phillips Welding Supply 7/30/2008 $ 5,879.49 Tex Sign
5 8/3/2008 $ 150.00 Equip. &Labor to unload material
5 Nicholson Construction 8/3/2009 $ 3,910.76 Texaco Sign
5 Nicholson Construction 9/29/2008 $ 837.51 Texaco Sign
5 Nicholson Construction 9/13/2009 $ 2,438.54 Texaco Sign
5 Texas Shafts Inc, 9/15/2008 $ 4,000.00 Sign
5 Fastsigns 10/1/2008 $ 1,998.68 Street Sign
5 Navco 11/19/2008 $ 1,749.59 Ramp
5 Home Depot 11/25/2008 $ 72.01 Waterfall
5 Builders Equip. 11/26/2008 $ 46.70 Waterfall
5 Masonry Work 11/26/2008 $ 620.00 Waterfall Planter
5 Navco 12/8/2008 $ 5,888.80 Waterfall
Page 1 of 2
Exhibit C-1
AHowabie Costs(it)
Part Company Invoice# Invoice Date Amount Comments
5 SNC Construction 12/8/2008 $ 2,275.00 Install Texaco Sign
Island Landscaping in front of
5 Navco 12/9/2008 $ 1,066.26 Airport terminal
5 Diversified Fire 1/16/2009 $ 722.37 Wheel Unit-City Ramp
5 Navco 3/20/2009 $ 3,688.08 Lawn Planters, Pavers
5 Navco 3/27/2009 $ 189.44 Lawn Irrigation System
5 American Tile 4/24/2009 $ 3,862.90 Black-Planters
5 Home Depot 5/3/2009 $ 1,188.59 Black-Bldg.
5 Lowe's#235171 2/3/2009 $ 313.17 Planters
5 Lowe's#560881 4/30/2009 $ 286.28 Plants
5 Lowe's#548114 4/30/2009 $ 150.34 Plants
5 Sherwin Williams 4/18/2009 $ 77.85 Masonry Prm.
5 T.N.Tile 5/8/2009 $ 3,400.00 Sign Base Tile
Total $ 89,561.25
$ (18,716.70) Reduction due to double-submittal
of Part 2
$ 70,844.55 Add1 Improvements/Rent Credits Approved
Page 2 of 2
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/8/2010
DATE: Tuesday, June 08, 2010 REFERENCE NO.: **C-24248
LOG NAME: 55FTW DHANSEN CSC 35891 AMEND NO. 1
SUBJECT:
Authorize the Execution of Amendment No. 1 to City Secretary Contract No. 35891, a Terminal Building
Office Lease and Ramp Space License Agreement with Don E. Hansen, to Increase Eligible Rent Credit
Percentage at Fort Worth Meacham International Airport(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 1 to City
Secretary Contract No. 35891, a Terminal Building Office Lease and Ramp Space License Agreement
with Don E. Hansen, to increase eligible rent credit percentage at Fort Worth Meacham International
Airport.
DISCUSSION:
On October 2, 2007, (M&C C-22425)the City Council approved the execution of a Terminal Building
Office Lease and Ramp Space License Agreement filed under City Secretary Contract No. 35891 with
Don E. Hansen, for Suite 119, at Fort Worth Meacham International Airport.
Per the Terminal Building Office Lease, capital improvements were to be completed in exchange for 100
percent rent credits, not to exceed 50 percent of the monthly rent. Said improvements were completed
and $152,007.00 were granted in rent credits.
City staff has received a request from Don E. Hansen to approve an additional$70,844.30 in capital
improvements. In order to approve this additional amount and allow for 100 percent of the rent credits to
be recouped within the current 10 year Lease, the monthly rent credit allowable would need to be
increased by 15 percent, from 50 percent to 65 percent.
City staff is recommending the approval of this amendment and the rent credit based upon the
extraordinary circumstances involved in this property and transaction. Mr. Hansen was asked to occupy
an area of the airport that required substantial improvement which he willingly undertook. In addition, with
Mr. Hansen vacating his previous facilities, this allowed the expansion of Texas Aviation Services to
establish a premier helicopter servicing depot. The rent credit policy was intended to prepare Suite 119 for
occupancy as a Fixed Base Operator. The goal has been accomplished with the work completed as
described by the rent credit requests submitted.
All the terms and conditions of the original City Secretary Contract No. 35891 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
funds.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13442&print=true&DocType=Print 6/15/2010
Page 2 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Mainager's Office by: Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
No attachments found.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=13442&print=true&DocType=Print 6/15/2010