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HomeMy WebLinkAboutContract 39628-A1 (2)m c� rn rn 0 0 c: AMENDMENT NOa TO CSC 1140.39628 FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 3N 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, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and FIELDTECH AVIONICS, INC. ("Lessee"), acting by and through Kevin P. Nelms, its duly authorized President. A. WHEREAS, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 39628, a hangar and ground lease agreement, for the lease of certain real property identified as Lease Site 3N ("Premises"), at Fort Worth Meacham International Airport ("Airport"). The Lease commenced on January 1, 2009 and expires on December 31, 2014, subject to renewal at Lessee's option for one (1) additional term of five (5) years; and B. WHEREAS, Lessee desires to exercise their fmal option to renew pursuant to CSC NO. 39628 for an additional five (5) year period to commence on January 1, 2015 and expire on December 31, 2020; and C. WHEREAS, on or about January 6, 2014, the Fort Worth City Council approved Amendment No.l to CSC No. 39628 as identified as CSC No. 39628-A1, to reflect the renewal option and rate adjustments as outlined below; and NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The Lease is hereby renewed and extended for a term of five (5) years, commencing on January 1, 2015 and expiring on December 31, 2020. 2. Rates and Adiustments. Lessee shall commence the payment of rent, in accordance with this Section 3, on the date of execution of this Lease ("Effective Date"). From the Effective Date until December 31, 2020, Lessee hereby promises and agrees to pay Lessor, as annual rent for the Premises, Three Dollars and Eight Thousand Three Hundred Forty-two Ten -Thousandths Cents ($3.8342) per square foot of hangar space, Thirty Five Cents ($0.35) per square foot of land, for a total annual sum of Seventy Five Thousand Six Hundred and Eighteen Dollars and Forty One Cents ($75,618.41), payable in equal monthly installments of Six Thousand Three Hundred and One Dollars and Fifty Three Cents ($6,301.53). The rental rates under this lease are based on Lessor's published Schedule of Rates and Charges. In the event that this lease commences on a day other than the first (1') day of any given month, the first month's rental payment shall be prorated in accordance with the number of days remaining in that month. Rental rates are subject to increase on October 1" of any given year during the Initial Term or any Renewal Term, to reflect any upward change, if any, in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as announced by the United States Department of Labor or successor agency (i), for the first increase, since the Effective Date of this Lease and (n) for each subsequent increase, since the effective date of the last increase; provided, however, that Lessee's rental rates shall not exceed the then -current rates prescribed by Lessor's published Schedule of Rates and Charges for the type or types of property similar to the type or types of property that comprise the Premises. 3. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the /)A day of December , 2014. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager STATE OF TEXAS § 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �I� Q�yyl�(,t��/ , 2014. NEWN, EVONIA DA.NIELS Notory Public. State of Texas My Commission Expires July 10, 2017 in and for the State of Texas APPROVED AS TO FORM' ° o ST: ° Y� Charlene Sanders c Mary J. Kayser Assistant City Attorney City Secretary OFFICIAL RECORD C8Ty SECRETARY GAT. WYORTRp TX M&C: Date: NO M&C REQUIRED LESSEE: By: VIONICS9 INC. Kevin P. I�e�ns, President Date: ATTEST: STATE OF TEXAS § COUNTY OF Ip ir- Y- cx vx § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kevin P. Nelms, 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 Fieldtech Avionics, Inc. and that s/he executed the same as the act of Fieldtech Avionics, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Notary Public in and for the State of Texas