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HomeMy WebLinkAboutContract 37152rCRETARY cap rIACT NO AMENDMENT 1140.3 TO CSC N0.30198 FORT WORTH SPINKS AIRPORT UNIMPROVED GROUND LEASE AGREEMENT WITH MANDATORY IMPROVEMENTS (CITY SECRETARY CONTRACT N0.30198) This AMENDMENT NO.3 ("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 SPINKS AIR ASSOCIATES, LLC ("Lessee"), a Texas Limited Liability Company. A. WHEREAS, on or about June 30, 2004, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 30198, an unimproved ground lease agreement with mandatory improvements for approximately 86,633 square feet of unimproved ground (the "Leased Premises"), at Fort Worth Spinks Airport ("Airport"); and B. WHEREAS, on or about July 26, 2005, Lessor and Lessee executed CSC No. 32139, amending the original Lease to increase the square footage of the Leased Premises to approximately 103,482 square feet of unimproved ground at the Airport; and C. WHEREAS, on or about March 12, 2008, Lessor and Lessee executed CSC No. 36734, amending the original Lease to reduce the Leased Premises by 54,600 square feet, including the release of two existing executive box hangars and amend the total square footage of the Leased Premises to reflect 48,882 square feet, consisting of three T-Hangar Buildings more specifically identified as 12636, 12617 and 12609 Wildcat Way North. CSC No. 30198, CSC No. 32139 and CSC No. 36734 shall hereinafter be referred to as the "Lease;" and D. WHEREAS, the amended Lease describing one of the Leased Premises identified as 12636 Wildcat Way North bears the incorrect property address; and E. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the corrected address description of the one Leased Premises as 12635 Wildcat Way North; and F. WHEREAS, the properties identified in the lease are referenced only by three (3) individual physical addresses; and CFW Spinks Airport Spinks Air Associates, LLC Amendment No. 3 to CSC No. 30198 Page 1 of 4 G. WHEREAS, Lessor and Lessee wish to amend the Lease to identify the three (3) parcels not only by physical addresses, but also by Lease Sites &7, E-8 and &9; and H. WHEREAS, the attachment to the amended Lease describing the Leased Premises bears incorrect property boundaries; and I. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the full survey and the corrected property boundary description of the Leased Premises. NOW, THEREFORE, Lessor and Lessee hereby agree as follows: I. Section 1. ("PROPERTY LEASED.") of the Lease is hereby repealed and replaced with the following: 1. Property Leased Fifty Four Thousand Six Hundred (54,600) square feet of improved land, including two existing executive box hangars, shall be released from the Leased Premises. The new Leased Premises shall total Forty Eight Thousand Eight Hundred Eighty Two (48,882) square feet, which shall include three T-Hangar Buildings located at 12635 Wildcat Way North units 1 through 14 inclusive, more commonly known as Lease Site E-7, 12617 Wildcat Way North units 15 through 28 inclusive, more commonly known as Lease Site &8, and 12609 Wildcat Way North units 29 through 38 inclusive, more commonly known as Lease Site E=9 ("New Leased Premises"). The document attached hereto as Exhibit "Am2" shall replace the previous Exhibit "A" attached to CSC No. 30198 and shall be incorporated therein by reference for all purposes. 2. The documents attached hereto as Exhibit "A" shall replace the previous Exhibit attached to CSC No. 36734 and shall be incorporated therein by reference for all purposes. 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. 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 Immediately Follow] CFW Spinks Airport _ t. Spinks Air Associates, LLC , , , -� ^ ?age 2of4 a`"�I�e Si;�;i5��'i IN WITNESS WIRV�REOF, the parties hereto have executed this Agreement in multiples on this the day of \ 520080 CITY OF FORT WORTH: By: T.M. Higgins 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 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 3nz F OFFICE this day 200 Nolary P�Ublic, State of 7axas s ' ' hty commission Expires 4. RF1nz'h07,2011 APPROVED AS TO FORM AND LEGALITY: , By: Charlene Sanders Assistant City Attorney M&C: _ ?24 Z 1 5(Z,I2.0o%� CFW Spinks Airport Spinks Air Associates, LLC Amendment No. 3 to CSC No. 30198 Page 3 of 4 Notary Public in and for the State of Texas ATTEST: By: City Secretary SPINKS AIR ASSOCIA X S, LLC: ATTEST: By: Darrell Clendenen Title: Manager Date: STATE OF TEXAS § COUNTY OF § By: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Darrell Clendenen, 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 Spinks Air Associates, LLC and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . 2008. day Notary Public in and for the State of Texas wee cue e.2� � G�7 k p Ae6 tar CFW Spinks Airport Spinks Air Associates, LLC Amendment No. 3 to CSC No. 30198 Page 4 of 4 State of California County of On personally Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person) whose name (i5/are-subscribed to the within instrument and acknowledged to me that 'he/she/they executed the same in -ffis/her/their authorized capacity(ie and that by(niis/her/their signature} on the instrument the person(:), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my head and official seal. OPTIONAL � Signature Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: 0 Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Indi�vidual Corp&ate,Officer Partner — 11 Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner — El Lim ❑General ❑ Attorney in Fact here A Trustee or Conservator ❑ Other: Signer Is Representing: Vie., P.Q, Box 2402 • ghatswor�i%Y3A 9131 a Top of thumb here www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Exhibit "A" A SURVEY OF A PORTION OF FORT WORTH SPINKS AIRPORT LEGAL DESCRIPTION: BEING a Tract of Land Situated in the Hiram Little Survey, Abstract No. 930, and Being A Portion of Block 5, of the Fort Worth Spinks Airport, Cabinet A, Slide 353, Plat Records, Tarrant County, Texas, and Being More Particularly Described by Metes and Bounds as Follows; BEGINNING at the Southwesterly Building Corner of the Subject Property From Which SPINKS CONTROL MONUMENT NO. 3 Bears North 89959'44" West 2,380.02 Feet and South 00'00'16" West 100,95 Feet; THENCE North 00.5s'24"East, 232.00 Feat for the Northwesterly Building Corner; THENCE South 89'03'36" East, 70.40 Feet for the Northeasterly Building Corner; THENCE South 00'56'24' West, 232.00 Feet for the Southeasterly Building Corner; THENCE North 89'03'36" West, 70.40 Feet to the POINT OF BEGINNING and containing 16,333 Square Feet of Land, More or Less. NOTE: COORDINATES AND BEARINGS SHOWN HEREON ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 1927, DISTANCES SHOWN HEREON ARE GROUND DISTANCES. TO CONVERT TO GRID DISTANCES MULTIPLY BY THE COMBINED GRID AND ELEVATION FACTOR OF 009998699, FLOOD PLAIN NOTE: ACCORDING TO THE FLOOD INSURANCE RATE � MAP NO. 48439CO535 H REVISED 08-02-19951 O THIS LOT APPEARS TO BE IN "ZONE X" AREAS N DETERMINED TO BE OUTSIDE 500 YEAR M FLOOD —PLAIN, N CONCRETE W N FORT WORTH SPINKS AIRPORT io BLOCK 5 LO CABINET "A" SLIDE 353 0 Z E 50gV P"O.B. Southwest Bulding Corner �ITT,� Ho I��BSTRPG N89'59'44' W�2,380.02' O O O O o 0 SPINKS CONTROL MONUMENT N0. 3 (Y=329,350.90) w .-. co N rn O O m p O O N M aft N N O Z SPINKS CO EN NTROL MONUMT N0. 2 (Y=327,151.16) DFW \ (Geodesy CONCRETE CONCRETE S89'03'36"E M vai a o N M N Z M co N SCALE: 1 " = 60' co u7 JZ O ao N W _J 0] CONCRETE N89 '03'36"W 70.40' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN, DATE: 04-26-05 DRAWN: W.B. (CHECKED: M.P. IPLS JOB N0. 2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 DENOTES RECORD DATA 12609 WILDCAT WAY I SHT. N0. Ff. WORTH, TX 1 OF 1 SPINKS CONTROL MONUMENT N0. 3 (Y=329,350.90) w .-. co N rn O O m p O O N M aft N N O Z SPINKS CO EN NTROL MONUMT N0. 2 (Y=327,151.16) DFW \ (Geodesy CONCRETE CONCRETE S89'03'36"E M vai a o N M N Z M co N SCALE: 1 " = 60' co u7 JZ O ao N W _J 0] CONCRETE N89 '03'36"W 70.40' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN, DATE: 04-26-05 DRAWN: W.B. (CHECKED: M.P. IPLS JOB N0. 2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 DENOTES RECORD DATA 12609 WILDCAT WAY I SHT. N0. Ff. WORTH, TX 1 OF 1 SPINKS CO EN NTROL MONUMT N0. 2 (Y=327,151.16) DFW \ (Geodesy CONCRETE CONCRETE S89'03'36"E M vai a o N M N Z M co N SCALE: 1 " = 60' co u7 JZ O ao N W _J 0] CONCRETE N89 '03'36"W 70.40' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN, DATE: 04-26-05 DRAWN: W.B. (CHECKED: M.P. IPLS JOB N0. 2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 DENOTES RECORD DATA 12609 WILDCAT WAY I SHT. N0. Ff. WORTH, TX 1 OF 1 Exhibit "A" A SURVEY OF A PORTION OF FORT WORTH SPINKS AIRPORT LEGAL DESCRIPTION: BEING a Tract of Land Situated in the Hiram Little Survey, Abstract No. 930, and Being A Portion of Block 5, of the Fort Worth Spinks Airport, Cabinet A, Slide 353, Plat Records, Tarrant County, Texas, and Being More Particularly Described by Metes and Bounds as Follows; BEGINNING at the Southwesterly Building Corner of the Subject Property From Which SPINKS CONTROL MONUMENT NO. 3 Bears North 89059'44" West 2,519.27 Feet and South 00'00'16" West 39.48 Feet; THENCE North 01002'53" East, 317.00 Feet for the Northwesterly Building Corner; THENCE South 88657'07" East, 52.00 Feet for the Northeasterly Building Corner; THENCE South 01002'53" West, 317.00 Feet for the Southeasterly Building Corner; THENCE North 88.57'07" West, 52.00 Feet to the POINT OF BEGINNING and containing 16,484 Square Feet of Land, More or Less. S88057'07"E 52.00' CONCRETE NOTE: COORDINATES AND BEARINGS SHOWN HEREON ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 1927, DISTANCES SHOWN HEREON ARE GROUND DISTANCES, TO CONVERT TO I GRID DISTANCES MULTIPLY BY THE COMBINED GRID AND ELEVATION FACTOR OF 069998699, FLOOD PLAIN NOTE: ACCORDING TO THE FLOOD INSURANCE RATE MAP NO, 48439CO535 H REVISED 08-02-1995, THIS LOT APPEARS TO BE IN "ZONE X" AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD —PLAIN, co . O � orn CONCRETE FORT WORTH SPINKS AIRPORT BLOCK 5 CABINET "A" SLIDE 353 3 SIT T �0. �IRg�TRAG A P.O.B Southwest Building Corner N89'59'44"W 2,519.27' SPINKS CONTROL MONUMENT N0. 3 (Y=3290350.90) w �. (p N D7 O Cl) O O p O 0) � N O N N SPINKS CONTROL MONUMENT N0. 2 �X=2,058,086.79) Y=3271151.16) I► DFW (Geodesy O O O O M M MC SCALE: 1 " = 60' LO O � Q N 0 Z f0 TE CONCREN8857'07' YID 52.00' CONCRETE I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN. H \ - /�Q:•G� �F;p• AAATT POWI 5544 P tt � ess�° �.�� ;suR� DATE: 04-26-05 DRAWN: W.B. CHECKED: M.P. IPLS JOB N0, 2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 ( ) DENOTES RECORD DATA 12617 WILDCAT WAY I SHT. N0. FT, WORTH, TX 1 OF 1 SPINKS CONTROL MONUMENT N0. 2 �X=2,058,086.79) Y=3271151.16) I► DFW (Geodesy O O O O M M MC SCALE: 1 " = 60' LO O � Q N 0 Z f0 TE CONCREN8857'07' YID 52.00' CONCRETE I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN. H \ - /�Q:•G� �F;p• AAATT POWI 5544 P tt � ess�° �.�� ;suR� DATE: 04-26-05 DRAWN: W.B. CHECKED: M.P. IPLS JOB N0, 2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO, 5544 DATED: 04-26-05 REVISED: 04-02-08 ( ) DENOTES RECORD DATA 12617 WILDCAT WAY I SHT. N0. FT, WORTH, TX 1 OF 1 Exhibit "A" A SURVEY OF A PORTION OF FORT WORTH SPINKS AIRPORT LEGAL DESCRIPTION: BEING a Tract of Land Situated in the Hiram Little Survey, Abstract No. 930, and Being A Portion of Block 5, of the Fort Worth Spinks Airport, Cabinet A, Slide 353, Plat Records, Tarrant County, Texas, and Being More Particularly Described by Metes and Bounds as Follows; BEGINNING at the Southwesterly Building Corner of the Subject Property From Which SPINKS CONTROL MONUMENT NO. 3 Bears North 89'59'44" West 2,635.87 Feet and South 00'00'16" West 31.43 Feet; THENCE North 00059'49"East, 317.00 Feet for the Northwesterly Building Corner; THENCE South 89000'11" East, 52.00 Feet for the Northeasterly Building Corner; THENCE South 00'59'49" West, 317.00 Feet for the Southeasterly Building Corner; THENCE North 89'00'11" West, 52.00 Feet to the POINT OF BEGINNING and containing ts,484 Square Feet of Land, More or Less. NOTE: COORDINATES AND BEARINGS SHOWN HEREON ARE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 1927, DISTANCES SHOWN HEREON ARE GROUND DISTANCES. TO CONVERT TO GRID DISTANCES MULTIPLY BY THE COMBINED GRID AND ELEVATION FACTOR OF 0.9998699. FLOOD PLAIN NOTE: ACCORDING TO THE FLOOD INSURANCE RATE MAP NO, 48439CO535 H REVISED 08-02-1995, THIS LOT APPEARS TO BE IN "ZONE X" AREAS DETERMINED TO BE OUTSIDE 500 YEAR FLOOD —PLAIN. cD _ M o� 0 0 CONCRETE FORT WORTH SPINKS AIRPORT BLOCK 5 CABINET "A" SLIDE 353 y E 5�ygo jff��0. �IRgS�RAG A P.O.B. Southwest Building Corner N89'S9'44"W 2,635.87' SPINKS CONTROL MONUMENT N0. 3 Y=329,350.90) w ON Cn o rn 0 o m O O 0) � N O N N Z v SPINKS CONTROL MONUMENT N0. 2 (Y=327,151,16) . \ (Geodesy S89000' 11 "E 52.00' CONCRETE N89'00' 11 52.00' CONCRETE CONCRETE SCALE: 1" = 60' I, MATT POWELL, REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON ACCURATELY REPRESENTS THE PROPERTY AS DETERMINED BY AN ON THE GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION, THERE ARE NO ENCROACHMENTS OR PROTRUSIONS, EXCEPT AS SHOWN, AND ALL CORNERS ARE AS SHOWN. �P�o � s T e;� •.; �,9 �:•2� � 01ll1 ... .......................... MATT POWELL � � 5544 P .L °'�esst°a.�c DATE: 04-26—OS (DRAWN:(CHECKED: M.P. IPLS JOB NO.2005001-03 MATT POWELL REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 5544 DATED: 04-26-05 REVISED: 04-02-08 DENOTES RECORD DATA 12635 WILDCAT WAY I SHT. N0. FT. WORTH, TX 1 OF 1