HomeMy WebLinkAboutContract 53774-A1 V 4�
CITYSECRETARY
C 0 TRACT NO. 7
AMENDMENT NO. 1
JAN � CITY SECRETARY CONTRACT NO. 53774
MYOF
L'i]YS
>�T � FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITE 42N
7} his AMENDMENT NO. 1 ("Amendment")is made and entered by and between the CITY OF
FORT WORTH("Lessor"), a home rule municipal corporation organized under the laws of the Stat of
Texas,acting by and through Fernando Costa, its duly authorized Assistant City Manager,and AREA,51
HANGAR, LLC., ("Lessee"), acting by and through KENNETH BROADIE, its duly authorized
President.
RECITALS
WHEREAS, On or about April 2, 2020, Lessor and Lessee entered into City Secretary Contract
("CSC")No. 53774("Lease"), a thirty-year Ground Lease Agreement for use of real property known as
Lease Site 42N("Leased Premises")at Fort Worth Meacham International Airport("Airport");
WHEREAS,the Lease contains two five-year renewal options;
WHEREAS, the Lease required construction of Mandatory Improvements to begin within six
months of the execution of the Lease and construction to be completed within eighteen month of
commencement of construction (Exhibit B of the Lease);
WHEREAS, Lessee has requested a 120-day extension to begin construction due to delays by
Lessee's contractor,both in the availability and pricing of final costs as a result of COVID-19 and delays
in obtaining civil and grading permits due to incorrect data relating to a missing off-lease site back ow
valve;
WHEREAS, the Lessor is agreeable to a 120-day extension to the beginning of Mandatory
Improvements specified in the Lease which will extend the date in which construction must commence
to February 2, 2021; and
WHEREAS,Lessee will still be required to finish construction of the Mandatory Improverrit nts
within twenty four(24) months of the execution of the Lease.
AGREEMENT
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 amended by deleting Exhibit`B"of the Lease in its entirety and replacing
it with Exhibit A of this Amendment.
AREA 51 HANGAR,LLC.
Amendment No.I to CSC No.53774—EXECu'rION COPY Page 1 4 - T
OFFICU RECORD
CITY SECRETARY
FT.r WU1 TH,TX
-7--'
2.
All other provisions and conditions of the Lease that are not expressly amended herein or
directly conflict with the provisions and conditions of this Amendment shall remain in full force and
effect.
3.
The statements set forth in the recitals are true and correct and form the basis upon which Lessor
and Lessee have entered into this Amendment. The Lease is a public document on file in Lessor's City
Secretary's Office and is incorporated herein by reference for all purposes.
[Signatures on Pages to Follow]
AREA 51 HANGARS,LLC.
Amendment No.1 to CSC No.53774
Page 2 of 4
WITNESS WHEREOF,the parties hereto have executed this Amendment in multiples on this
theTip—day of 2021.
CITY OF FORT WORTH:
By: ezL—
Fernando Costa
Assistant City Manager
Date: !//S/2o2/
T
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this Pay
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 nd
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. r
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /Jv day
_,2021.
SELENA ALA
_Notary Public, state of Texas "1 o-�'',°\L� k
9r •+Q Comm. Expires 03-31-2024 otary Public in and for the Sate of Texas "' ,...........
Notary ID 132422528
:7
APPROVED AS TO FORM ATTEST: d
AND LEGALITY•
By: B y: 4n S
Thomas Royce Hansen, Mary J. Kayser,City Secretary
Assistant City Attorney
M&C: N/A
DjRg
qV
VAL:
Date: 3/agrfaoab B
abl s, viation Director
AREA 51 HANGARS,LLC.
Amendment No.1 to CSC No.53774
Page 3 of 4
OFFICIAL RF ®R®
CITY�ECR AIRY
FT. WOR ,TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of thi
contract, including ensuring all performance and reporting requirements.
Real Property Manager
Barbara Goodwin
Name Printed
LESSEE:
AREA 51 HANGAR, LLC. ATTEST:
B �' J By:
Kenneth Broadie, President
Date: z1 A/
STATE OF TEXAAS�S- §
COUNTY OF Y,�!/1,�. §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Kenneth Broadie, 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 AREA 5l HANGAR,
LLC.and that he executed the same as the act of AREA 51 HANGAR, LLC. for the purposes and,
consideration therein expressed and, in the capacity,therein stated.
T�
GIVE>NDER MY HAND AND SEAL OF OFFICE this_ day
_, 2020.
1
Notary Public in an or the SYate of Texas
> GARTH D.SHIPLEY�� Y P �
: 'Notary Public. State of Taxes
: 'V Comm.Expires 08-17-2024
Notary ID 5154735
AREA 51 HANGARS,LLC.
Amendment No. 1 to CSC No.53774
Page 4 of 4
i
E
UFFICIAL R CORD
CITY SECR2 TARY
Exhibit A
EXHIBIT"B"
MANDATORY IMPROVEMENTS
LEASE SITE 42N
All mandatory improvements for Lease Site 42N,as detailed below,must be completed in accordance
with Section 4 of the Lease.
Construction will commence within ten(10)months of the execution of the Agreement.
Construction will be completed within fourteen(14)months of commencement of construction and
approved by Aviation.
Mandatory Improvements to be completed are as follows:
• 21,000 SF Hangar, including:
- 1,000 SF of Finished Offices
- 2,000 SF of Parts Storage
- 3,000 SF 2nd Floor(Storage Mezzanine)
AREA 51 HANGAR,LLC.
Amendment No. 1 to CSC No.53774—EXHIBIT A
Page 5 of 4