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HomeMy WebLinkAboutContract 37154 CITY SECRETARY 2� CONTRACT NO. —� 52 S AMENDMENT NO. 1 TO CSC NO.34065 FORT WORTH SPINKS AIRPORT UNIMPROVED GROUND LEASE AGREEMENT WITH MANDATORY IMPROVEMENTS (CITY SECRETARY CONTRACT NO.34065) 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 Spinks West Side Associates, LLC. ("Lessee"),acting by and through Darrell Clendenen,its duly authorized Manager. A. WHEREAS, on or about September 29, 2006, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 34065, an unimproved ground lease agreement with mandatory improvements for four (4) parcels identified as 13601 Wing Way, Twenty Six Thousand Four Hundred (26,400) square feet; 13655 Wing Way, Forty Two Thousand (42,000) square feet ; 13701 Wing Way, Forty Two Thousand (42,000) square feet; and 13745 Wing Way, Thirty One Thousand Two Hundred (31,200) square feet (the "Leased Premises"),at Fort Worth Spinks Airport ("Airport"). CSC No. 34065 shall hereinafter be referred to as the"Lease"; and B. WHEREAS, the attachment to the original Lease describing the Leased Premises bears incorrect property boundaries and square footages; and C. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the full survey and the corrected property boundary description and to revise the scope of the mandatory improvements as required by the Lease;and D. WHEREAS, the properties identified in the lease are referenced only by four (4) individual physical addresses;and E. WHEREAS, Lessor and Lessee wish to amend the Lease to identify the four (4) parcels not only by physical addresses,but also by Lease Sites W-3,W-4,W-5,and W-6. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein,the parties agree as follows: p J AGREEMENT 1. Section 1. ("PROPERTY LEASED.')of the Lease is hereby repealed and replaced with the following: 1. PROPERTY LEASED. Lessor hereby demises to Lessee four (4) parcels of unimproved ground space at Fort Worth Spinks Airport ("Airport") in Fort Worth,Tarrant County,Texas identified as: 13601 Wing Way,commonly known as Lease Site W-3, 13655 Wing Way,commonly known as Lease Site W-4, 13701 Wing Way,commonly known as Lease Site W-5,and 13745 Wing Way,commonly known as Lease Site W-6, Fort Worth, Texas (hereinafter individually referred to as a"Parcel" and collectively referred to as the "Premises"), as shown in Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes. 2 The documents attached hereto as Exhibit "A" shall replace the previous Exhibit "A" attached to CSC No. 34065 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. 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" known as Exhibit "B-1" which is hereby incorporated into the Lease for all purposes. In accordance with this Lease, Exhibit"B-1"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] IN WITNESS WHERE , the parties hereto have executed this Agreement in multiples on this the - day of 2008. CITY OF FORT WORTH: By: T.M. Higgins Assistant City Manager Date: 6Zzzo 8 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 ER MY HAND AND SE4 OF OFFICE this day _,200 ANA L.BRISENO Notary Public.State el Texas My commission Expires March oa,2011Notary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALITY: By. �p� if'C �Mrr�.A=�_ By:fNN Charlene Sanders Marty Hend Assistant City Attorney City Secretary M&C: C -Z24 1�13 SPINKS WEST SID SSOCIA ES,LLC: ATTEST: By: By: Name:Darrell Clendenen Title:Manager Date: 45 /11 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 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 West Side 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 day 2008. Notary Public in and for the State of Texas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif rnia County of On before me, 12 Datef IV tierajinsert N an le f the officer personally appeared Name(s)of Signers e who proved to me on the basis of satisfactory evidence to be the person whose nam*jN/are subscribed to the within instru ent and acknowledged to me that (§/9hef hW executed the same in( l lbedthair authorized Ct�RRA1 pacity(i�, and that by( he4a- r signaturepo on the Commpslon 1763%, instrument the personM, or the entity upon behalf of Notary Public-Catttonwa which the person(acted, executed the instrument. Riverside County Mmm 1144RAN411 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official seal. Signature Place(votary Seal Above Signature of Notary P. is OPTIONAL 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 ocument Title or Type of Document: I /,AQ. ' �. 042 Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individual ❑ Individual ❑ Corporate Officer—Titip(s): ❑Corporate Officer—Titl.e(s): ❑ Partner—❑ Limited ❑ General _ill _ ❑ Partner—ElLim' ElGeneral El Attorney in Fact •39MM11111111111 ❑Attorney i ct • ❑ Trustee of thumb here ❑Tru Top of thumb here ❑ Guardian or Conservator uardian or Conservator ❑ Other: ❑Other: Signer Is Representing:I -�`�, Sign s Representing: fi , t I t - -- f 02007 Nati ry Association•9350 DB Jtjotq Ave.,P.o."x 1402+Chatsivorth,CA 91 31 3-2402-www.NationalNotaryorg em#5907 Reorder:Call Toll-Free 1-800-876-6a27 Exhibit "A" Spinks West Side Associates, LLC NW3'rE ' ! j i . ►, i i i � � li w ! e i i j i ,r„oa, eML s { I I WS.-,. I rvnw WF—fw .rs »wr-iwier mm� • ! j e I j! 307 l ! 307 fYlOI we NY i V.-Mr.IN . .- &%,&& Ono i l !' s< �s as la MY wseeo uwy n. wr.M.e-few ra ! I I aine RAAE>S I ARC LENGTH I aim LLNGTN I LIAJID BEAW DELTA ANGLE a 5AW 1 2ZA2W 2 S 1OW7Y E 227 C2 &UN SW 5Sf9 S 1d 4Z-E I a 1 LOW M SALCM,,A REGiSOU PRWFS9LI W LARD SL6PWnW AV THE STATE T TE M DO AMY C RWY TNAr 1 HAW PREPARED PAS PEAT FRLW AN ALTIrAL ON W OWN 9R1£Y 017W LAHa AND W LtONWOM N IL11F I BEONG LLSTAAR2 SHORN TwEzw Rl7AE Fow AN Aw PEAM LkM MY PERSYWAL I Lf I N BD E JE 9.ip WSKW N ACCaWAAW W N 711E PLAr1ANG RIRES AAQ1 R a"n WS OF 7W CITY PLAN MUSNON OF DIE Cff Or FT.PWW, OR& 0 150 AVID BCALDVWO RESTTNCTION LOW IL SALC2D0 Iiiiiiia LK 9 93'FRLW CWE"E imamwaIERW"'Am LARD SUr1EM Ad JM SCALE AV FEET � OF WWAY A' Aff h SG Salcedo Group, Incorporated AARP�r I Civil Engineers-Surveyors �"wAr surw'AesmwT ma 5m CC1 g Y CITY or AVr Kw7H- rARRANr C"TY 400 South Zang BouWard, Suite No. 1420 -Dallas, Texas 75206 Dote of Lost ReeWm:2-1$-M Rhone: 214 9414510, Fox: (214)941-2331 www.sak roup acam SGf Pfnjwf Na O= Exhibit"A-1" Lease Site W-3 13601 Wing Way MAINTENANCE HANGER 0.661 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BEING a 0.661 acre tract of land situated in the Sarah Gray Survey, Abstract No. 558, being located in the Spinks Airport, and being more particularly described as follows; COMMENCING at the intersection of the centerline of Wing Way and the centerline of Alsbury Blvd. THENCE along the centerline of Wing Way the following courses and distances to wit: South 00032'25" East, a distance of 505.46 feet to the POINT OF BEGINNING; THENCE departing the centerline of Wing Way, North 89°31'18" East, a distance of 91.38 feet to being the northwest corner of said 0.661 acre tract; THENCE North 89'31'18" East, a distance of 120.00 feet to a point for the northeast corner of said 0.661 acre tract; THENCE South 00"28'42" East, a distance of 240.00 feet to a point for the Southeast corner of said 0.661 acre tract; THENCE South 89"31'18"West, a distance of 120.00 feet to a point for the southwest corner of said 0.661 acre tract: THENCE North 00°28'42" West, a distance of 240.00 feet to the POINT OF BEGINNING, and containing 28,800 square feet or 0.661 acres of land, more or less. 1 OF 3 Exhibit"A-1" Lease Site W 3 13601 Wing Way MAINTENANCE HANGER 0.661 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BASIS OF BEARING: The basis of bearing is Texas State plane, north central zone. Geodetic bearing established by GPS measurements took on 8-29-07. Solutions have been calculated by the National Geodetic Survey, Opus website. i, Louis M. Salcedo, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that on August 29, 2007 a survey was performed on site, under my direction and meets minimum standards as set forth by the Texas Board rofessional Land Surveying. Signed this ��E•OT' s day of e�e 2008 by: � 3`•r.A��•"" LOUIS M.SALOFOO ,a, 3664• " Louis aIce-do R.P.L.S. 3664 2OF3 Lease Site W-3 EX71M HAMM Way N 59'31'180 El CA Ll 120.00' CA z rn r4 0 150 SCALE IN FEET 120.00' S 9!31'180 W AMftX 19211WITO 2W V mu"m WO K11 -FF I to °8'2C'39' F 139%*4*AV PJ%W AA"d SY,-20 X 140 tftf-91AId.Monet aj .......... .0W ism WHO mf PURAL JFAQ SS.-AT•!W to kw-4w4A*AmIm E 5 Lm-IVJOWA Avg" Z L IX-7ANIr N mrrar-c i LOUS M SAL=A REZM?M PROMONAL LAND SWW'/M IN ntf OF SrAWOF UAS, DO HEREBY CSWIFY 7HAT I HALE P);MPARO W FLAT co FROM AN AWAL ON PC MWO TRWY CF X LAND, AND THE MOUMS -WOW PrMW NEW FOUAV AND/AP PLACM UNDER MY MZMAL ............... RMW"AV ACCORDANCE N TH THE PUTTING RULES AND REGUA AWS OF AE aTY PLANCOMMIS90N OF W)PTY OFF�1 *7h TEXAS ($V�SALCEDO ..........13NOM BUILDING RESMYOGN LOUTS M. skwe- LWE- 9j,may CENOUNE REGSI&M PRacMGNAL LAND ZRW W Na 3664 OF TAXIWAY'A" 3. LF"mummy Zmff DAZE h, MAINTENANCE HANGAR S GI Salcedo Group, Incorporated 9WS AXPWr It"QU Y"IVY ASMCT NO, 5W Civil Engineers-Surveyors j of j arr or FoRr Nw7n- rAmw=Nrr 400&wth Zang Boulevard, &Wte No. 00#" Texas 75208 DOv of Lot Rvw6im, JL-07-W CC1 Phone:(214)941-8610,--L-- (274)941�2;31 www."kVdPqmVP;Aai!m S01 ft*t No. 07J10 Exhibit "A-2" Lease Site W-4 13655 WING WAY 0.987 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BEING a 0.987 acre tract of land situated in the Sarah Gray Survey, Abstract No. 558, being located in the Spinks Airport, and being more particularly described as follows: COMMENCING at the intersection of the centerline of Wing Way and the centerline of Alsbury Blvd. THENCE along the centerline of Wing Way the following courses and distances to wit: South 00032'25" East, a distance of 890.11 feet to the POINT OF BEGINNING; THENCE departing the centerline of Wing Way, North 89°20'39" East, a distance of 91.90 feet to, being the northwest corner of said 0.987 acre tract; THENCE North 89020'39" East, a distance of 307.00 feet to a point for the northeast corner of said 0.987 acre tract; THENCE South 00°39'21" East, a distance of 140.00 feet to a point for the Southeast corner of said 0.987 acre tract; THENCE South 89°20'39" West, a distance of 307.00 feet to a point for the southwest corner of said 0.987 acre tract; THENCE North 00°39'21" West, a distance of 140.00 feet to the POINT OF BEGINNING, and containing 42,980 square feet or 0.987 acres of land, more or less. 1 OF 3 Exhibit "A-2" Lease Site W 4 13655 WING WAY 0.987 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BASIS OF BEARING: The basis of bearing is Texas State plane, north central zone. Geodetic bearing established by GPS measurements took on 8-29-07. Solutions have been calculated by the National Geodetic Survey, Opus website. I, Louis M. Salcedo, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that on August 29, 2007 a survey was performed on site, under my direction and meets minimum standards as set forth by the Texas Boar Professional Land Surveying. �� of Signed this � 0 ?`tisTi..9s day of 2008 by: ........................ rc reLOUIS 1v1. SALCEDO Louis M. Salcedo R.P.L.S. 366 1.J i 2OF3 Exhibit "A-2" W-4 tz 0 150 smE iN FEET APPM REMOM 2ff SW IM Ll I N 89-20#39" E I .307.00' 1im wo WAY FUTURE 4L900 SS.-30r a 14W io LW-HAMW ADOMM S 8W20'39* W 307.00' j N 89'20'39.' E T ISM MD'PT -K""Awym 10'm 09'20'39' E tA SNWYWS COVIRVIr OF. T, I LK I KAMW /LOUIS M.&4CE90, A REOMM MfESMAL LAND SCRWYW N W . ...... STATE OF TEXAS00 HEREBY CV?7FY THAT/HAW PREPARED 7W PLAT Co co�S T Sh-.. fRW AN ACUTAL ONY THE MW RRWY Or X LAND, AAV 114E•MMU0007 VOMOV RNONY H"FaW AAOIVR PLACED MW MY POMW 9AV?PWM Af ACCORDANCE WIN WE PLA RM)W AA V RE ow W ...... OF 7W CITY PLAN�CnWWS9 1.CO":TY77 ��ES KV79 U54S 'LOUIS i�,' ---PLCED ........................ 364 NOTE- MEDWO RESMCWW Ae X LINE-YX FROU MMINE REGISULD PROFMOVAL LAW SURWnR Na 3664 Of rAXWAY'A" L&SB BOMMARY LIMIT DATE '3655 WING WAY Salcedo Group, Incorporated SPWS AffWr SARAN GRAY RRWn AB57RACT NO. 5M SGI Civil Engineers-Surveyors 3 of 3 CTY OF FORT#W7H- TARRANT C"TY sskwo Gmp'L- 400 South Zang Boulevard, Suite Na. 1420 - Daft, Texas 75208 ga's of Lost Reb&w,, 3-07-08 CC1 Phone:(214)94f-8610, Fax.' (274) 941-233I w".sakedogroupinc.,com :D SGI PMJWt Na 073I0 Exhibit "A-3" Lease Site W 5 13701 WING WAY 0.846 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BEING a 0.846 acre tract of land situated in the Sarah Gray Survey, Abstract No. 558, being located in the Spinks Airport, and being more particularly described as follows: COMMENCING at the intersection of the centerline of Wing Way and the centerline of Alsbury Blvd. THENCE along the centerline of Wing Way the following courses and distances to wit: South 00032'25" East, a distance of 1090.42 feet to the beginning of a non-tangent curve to the left, having a radius of 583.53 feet and a delta angle of 01 056'00"; Continuing along said curve to the left, (chord bears: South 00°24'43" East, a distance of 19.69 feet) 19.69 feet to a point; THENCE departing the centerline of Wing Way, North 89°20'39" East, a distance of 91.90 feet to the POINT OF BEGINNING, being the northwest corner of said 0.846 acre tract; THENCE North 89°20'39" East, a distance of 307.00 feet to a point for the northeast corner of said 0.846 acre tract; THENCE South 00°39'21" East, a distance of 120.00 feet to a point for the Southeast corner of said 0.846 acre tract; THENCE South 89020'39" West, a distance of 307.00 feet to a point for the southwest corner of said 0.846 acre tract; THENCE North 00°39'21" West, a distance of 120.00 feet to the POINT OF BEGINNING, and containing 36,840 square feet or 0.846 acres of land, more or less. 1 OF 3 Exhibit"A-3" Lease Site W 5 13701 WING WAY 0.846 TRACT and being out of the Sarah Gray Survey, Abstract No, 558 City of Ft. Worth, Tarrant County, Texas BASIS OF BEARING: The basis of bearing is Texas State plane, north central zone. Geodetic bearing established by GPS measurements took on 8-29-07. Solutions have been calculated by the National Geodetic Survey, Opus website. I, Louis M. Salcedo, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that on August 29, 2007 a survey was performed on site, under my direction and meets minimum standards as set forth by the Texas Board fessional Land Surveying. Signed this l� ��P��; F'FF�s day of _ 2008 by: Q.••• '••CEoo LO UTS M.SAL• • •�•'�FCSS. '�9Q` Louis M. Salcedo R.P.L.S. 3664 -�'` Sg1ZU; 3 2OF3 Exhibit "A-3" W-5 0 150 SCALE IN Fffr I 124% APP"M PASIFX=29r Of ULL mmaw Zmeow i t _.—_ i < i _..._ 3mw.4mi 5 am&r,-wr tRT-KQ-w "%m Ll N 89*20'39* E i z .307.00' 13M IM WAY to um-HAWAX AMMON S BT20'39 W .307.00' !j7daimfty mmw 14-M if. ;w-'W"Wpm 4— dkM -t K440 I CVRW I RADIUS I ARC LQXIH I QYM LOV0711 I CHM fiVRWG I Da7A Amar I C1 1 5&153' 1 1969- 1 19.69' J S 0024'4�E 1 0136'00- I LOUTS AL SAC=A REOSOM FRa1Z=aVAL LAND SWWAV 4JV IHE r'-9 f STALE aF mcc% Do HEREBY co wy NA r i#A w PREPARED w PLAT Lm I mm I w FROM AN ACUrAL X 1W MWND SWWY OF 1K LAND, AAV PE AOMOV75 T il I N&M'J,9 f 1. 90W n0FOV HS?E F"D AAVICR PLACED LWOR MY PBLI*W SUPRWON IN ACMAW W7H WE PLATTING RULES AND ft-aU VW 6F 7HE aTY PLANCOM.91 CN OF TH TY Or . TH, 7ms ......... ....... '0m LOUTS M. SALCED z f— ......... ........... NO� BMW RE57RIOPON LOUIS M. SAGWO LhVE-93'n&W CENIERUNE REZVED PROFMONAL LAW StRWYOR SO 3664 O OF WOWAY'A' LEASE BOUNDARY RWRIT DATE AV 13701 WING WAY SaIcedo Group, Incorporated STaS A6PWT .VW GRAY SURWX AHMCT 80. W SGI Civil Engineers-Surveyors J of J CITY OF F40RT KR7H- WANT COUNTY SAk.&Cft.q%y— 400 South Zang Boukvord, Suite No 1420 Dallas, Team 75208 Auto of Lot R#*kkw. 3-07-06 CC1 Phom. (214) 941-8610, Fox. (214i 941 2;jf www.5alcedogroupi7c.com. 3 S61 Pmpd Na 073fO Exhibit "A-4" Lease Site W-6 13745 WING WAY 0.423 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BEING a 0.423 acre tract of land situated in the Sarah Gray Survey, Abstract No. 558, being located in the Spinks Airport, and being more particularly described as follows: COMMENCING at the intersection of the centerline of Wing Way and the centerline of Alsbury Blvd. THENCE along the centerline of Wing Way the following courses and distances to wit: South 00"32'25" East, a distance of 1090.42 feet to the beginning of a non-tangent curve to the left, having a radius of 583.53 feet and a delta angle of 22012'58"; Continuing along said curve to the left, (chord bears: South 10"33'12" East, a distance of 224.26 feet) 226.26 feet to the beginning of a non-tangent curve to the right, having a radius of 652.86 feet and a delta angle of 04°50'43"; Continuing along said curve to the right, (chord bears: South 16°08'42" East, a distance of 55.21 feet) 55.21 feet to a point; THENCE departing the centerline of Wing Way, North 89020'39"East, a distance of 38.43 feet to the POINT OF BEGINNING, being the southwest corner of said 0.423 acre tract; THENCE North 00039'21"West, a distance of 60.00 feet to a point for the northwest comer of said 0.423 acre tract; THENCE North 89°20'39" East, a distance of 307.00 feet to a point for the northeast corner of said 0.423 acre tract; THENCE South 00°39'21" East, a distance of 60.00 feet to a point for the southeast corner of said 0.423 acre tract; THENCE South 89°20'39"West, a distance of 307.00 feet to the POINT OF BEGINNING, and containing 18,420 square feet or 0.423 acres of land, more or less. 1 OF 3 Exhibit"A-4" Lease Site W-6 13745 WING WAY 0.423 TRACT and being out of the Sarah Gray Survey, Abstract No. 558 City of Ft. Worth, Tarrant County, Texas BASIS OF BEARING: The basis of bearing is Texas State plane, north central zone. Geodetic bearing established by GPS measurements took on 8-29-07. Solutions have been calculated by the National Geodetic Survey, Opus website. 1, Louis M. Salcedo, a Registered Professional Land Surveyor in the State of Texas, do hereby certify that on August 29, 2007 a survey was performed on site, under my direction and meets minimum standards as set forth by the Texas Board of Professional Land Surveying. Signed this PEE OF TF�, day of Lt. 2008 by: ... LOUiS M.SALCEDO .�IJ ii,•.: Louis M. Salcedo R.P.L.S. 3664 �q suxy�'�°� 20173 sLAWat "A-4" .�w�Le"83@ W-6 f N 120. L " 1 r. ! 0 /50 i I e SCALE!N fEET i s lza i � N 89'20'33" E 307.00'13M I"my JII 1,moi Q sq-20.39,E 307.oa' N BvXr39' E 307-W a i 2 � O i o o rout jkw .-xv.1W w Z $a tm-MrcAr Ago" � d9'20'30'E i fl CA 307.00' ,8 w N 89'2OW E 307.00' i to i s 1r46 Iwt WAN 20 A. asr-xµawt aoono>t i 1 Cum RAo1us ARC LFNOTH I Oqm LEN6)N I CJ m SE1RMO 1 DELTA AaE C1 5553' 22526' zzc S 1Oxr'I E 22725- SLWVf7G12S t�PxF C2 65265 SS21' &19' S 16U84 £ OUP; I LOWS AL SALCED4 A REOSMU PRA9MMAL LAAV SUROW AY X SWE RM,w ACUTAL OVNtRFB aND SWWY OF W�,i�D�u w tE,OF TE,��� I Lfue WAra�rs crsrA��1 SN01Yt RdWE W AW F*aW ANDAO?PLACED&M MY PRSOMAI P `'T F ''` LI MR"-zs f_ J�GJ.''G SUPfRNS1CW HY ACIXiPD41r(r N►TN THE PLAr7NiG AA97 RLAA�7RS ;Q - ntE CITY GIB DIE CITY sit RM,, UAS ..... •...... .. SA M. LCEDO MOTE BtUM RESTNICTKw OF LW a S Y MV t�TVM ME ffia I&W PRArES510MAL LAND SLWK-tW AAa JW4 9.. 36c4• Of TAMAY A' qG� t L40 BOUMDANIY WM r Ask' - Ar PHASE I-13745 WING WAY 1 Satcedo Group, Incorporated s A '4r 1 Civil Engineers-Surveyors J of 3 a rwr MWr i- r~r COWTTY s+loe�c�.p no. 400 South Zang troWwatdd Sw'ts No. 1420 - DoOds, rams 75218 Deis of Last)U siar 3-07-M Phony /4 94f-86f0, For 214)941--2331 rwrw.sol Oq'Vupina.00t» SGf P/ajtrt NCI 07310 Exhibit "B- 1 " Description of Mandatory Improvements Spinks West Side Associates, LLC, Fort Worth Spinks Airport S ecifications Development Address Hangar Square Footage 13601 Wing Way(W-3) Maintenance Hgr 28,800 Square Feet 13655 Wing Way W-4) 42,980 Square Feet 13701 Wing Way(W-5) 36,840 Square Feet 13745 Wing Way W-6) 18,420 Square Feet City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/27/2008 DATE: Tuesday, May 27, 2008 LOG NAME: 55SWSA DOT REFERENCE NO.: **C-22823 SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 34065, an Unimproved Ground Lease Agreement with Spinks West Side Associates, LLC; Authorize Execution of a Written Consent to Deed of Trust Lien by Spinks West Side Associates, LLC, in Favor of Southwest Securities, FSB for Leased Premises 13601, 13655, 13701 and 13745 Wing Way at Fort Worth Spinks Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute Amendment No. 1 to City Secretary Contract No. 34065, an unimproved ground lease agreement with mandatory improvements with Spinks West Side Associates, LLC, at Fort Worth Spinks Airport; and 2. Execute a written Consent to Deed of Trust Lien by Spinks West Side Associates, LLC, in favor of Southwest Securities, FSB, for Leased Premises 13601, 13655, 13701 and 13745 Wing Way at Fort Worth Spinks Airport. DISCUSSION: On September 29, 2006, City Secretary Contract (CSC) No. 34065 was executed through M&C's C-20855, C-21373 and C-21374 as approved by City Council. CSC No. 34065 is an unimproved ground lease with mandatory improvements with Spinks West Side Associates, LLC, for the construction of four aircraft hangars at Fort Worth Spinks Airport. Spinks West Side Associates, LLC, currently leases lease sites known as 13601, 13655, 13701 and 13745 Wing Way, Fort Worth, Texas. CSC No. 34065 identifies four parcels of unimproved ground as physical addresses 13601, 13655, 13701 and 13745 Wing Way. These parcels will also be reflected within the airport as Lease Sites W-3, W-4, W-5 and W-6. Staff has been informed of a change to the initial Exhibits "A" and "B" attached to CSC No. 34065 which indicates the boundary lines for each parcel and each hangar square footage. Article I, Section 2-9(d) of the Fort Worth City Code requires City Council approval prior to execution or acceptance by the City Manager of any contract or other legal instrument for the sale, lease or purchase of real property. A new site plan has been provided with the corrected boundaries. This change requires amending Exhibit °B", to reflect 13601 (W-3) 28,800 square feet, 13655 (W-4) 42,980 square feet, 13701 (W-5) 36,840 square feet, and 13745 (W-6) 18,420 square feet. The new site plan will replace the previous Exhibit "A" attached to CSC No. 34065. All other terms and conditions of CSC No. 34065 will remain unchanged and in effect. Logname: 55SWSA DOT Page 1 of 2 Mr. Darrell Clendenen, President of Spinks West Side Associates, LLC, wishes to obtain financing for the four aircraft hangars from Southwest Securities, FSB. Accordingly, Spinks West Side Associates, LLC, has requested the City's consent to the execution of a Deed of Trust Lien on the premises in order for the Bank to secure their loan. The Deed of Trust Lien will grant the Bank the right to operate as Lessee or to secure another tenant in place of Spinks West Side Associates, LLC, if approved by the City Council, in the event that Spinks West Side Associates, LLC, defaults on the loan or their lease with the City of Fort Worth. The Lease Agreement prohibits Spinks West Side Associates, LLC, from making any assignment of the Lease or causing any lien to be made on improvements constructed on the Leased Premises without City Council approval. This type of transaction is routine for large airport tenants and City staff has no objection to Spinks West Side Associates' request. Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material affect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Tom Higgins (6266) Originating Department Head: Kent Penney (5403) Additional Information Contact: Patrick Carreno (447-8304) Logname: 55SWSA DOT Page 2 of 2