HomeMy WebLinkAboutContract 42562 Cit y �Secreta Contract Number Z. ko f�.
AGREEMENT TERMINATING LEASE
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
LEASE SITE 44N
This AGREEMENT TERMINATING LEASE ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
4.
municipal corporation organized under the laws of the State of Texas, acting by and
through Fernando Costa, its duly authorized Assistant City Manager and APIAQ
Limited Partnership, ("Lessee"), a Texas limited partnership, acting by and through
Gary Havener, President of Cidema Corporation, a Texas corporation and Lessee's
General Partner.
RECITALS
The following introductory provisions are true and correct and form the basis of
this Agreement:
A. Lessor previously entered into an unimproved ground lease agreement for Lease
Sites 43N, 44N and 45N at Meacham International Airport (the "Airport") styled
as City Secretary Contract No. 26292 with APIAQ Limited Partnership, as
amended and assigned by City Secretary Contract Nos. 26645, 27455, and 31488
("Previous Lease").
B. Lessor previously entered into an unimproved ground lease agreement and a
Public Fueling Agreement and Fixed Base Operator Permit agreement at the
Airport styled as City Secretary Contract No. 30199, as assigned by Consent to
Assignment City Secretary Contract No. 39629("Previous Lease').
C. Lessee has agreed to waive and relinquish all of its right, title and interest as
Lessee in the Previous Lease.
D. It is the intent of the Lessor and Lessee to terminate the Previous Lease in order
that Lessor may enter into new leases with Winston Aviation Group, LLC and
FTWFBD, LLC ("New Lessees").
3
Agreement Terminating Lease { 'n
APIAQ Limited Partnership
Meacham International Airport
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AGREEMENT
1. TERMINATION OF PREVIOUS LEASE.
The Previous Lease is hereby terminated effective on the date of the execution of
this Agreement Terminating Lease ("Effective Date"). However, such
termination shall not constitute (i) a release by one party or any liability accruing
or obligation to indemnify under the Previous Lease or (ii) a waiver of one party
to enforce any unperformed duties or obligations of the other under the Previous
Lease.
2, SURRENDER OR PREMISES.
No later than 11:59 p.m. of the Effective Date(unless otherwise agreed between
Lessee and New Lessees), Lessee shall vacate the leased premises and deliver all
keys to New Lessees.
3. NOTICES TO LESSEE AFTER EFFECTIVE DATE.
All notices to Lessee after the Effective Date shall be addressed as follows:
APLAQ Limited Partnership
ATTN: Gary Havener
P.Q. Box 121969
Fort Worth, Texas 76121
[Signature Pages Follow]
Agreement Terminating Lease 2
APIAQ Limited Partnership
Meacham International Airport
IN WITNESS EREOF, the parties hereto have executed this Agreement in
multiples on this the day oft. , 2011.
CITY OF FORT ORTH:
By.
ernando A&I
Assistant City Manager
Date: (it
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned a thori , a Public, in and for the State of
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Texas, on this day personally appeared - own 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 North for the purposes and consideration therein expressed and in the
capacity therein stated.
IVEN UNPER MY HAND AND SEAL OF OFFICE this day
0 Lj-e �- 92011.
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NotarV public,S:oanE Tres
ICY�Qmm�55� x� Nota ry Public in and for the
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Z s a n Y State of Texas
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APPROVER AS TO FORM ATTEST:
AND LEGALITY: 'ory 000c"""OC'00
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y• By. ,
Charlene Sanders ° ? `
Assistant City Attorne y AJ/-CitySecretar y a
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Approved: 1 �1
Agreement Terminating Lease 3 _
APIAQ Limited Partnership ., •Y
Meacham International Airport i
LESSESS: ATTEST:
APIAQ Limited Partnership
By: - B y:
Gary Haile er, General Partner
President, Cidema Corporation
Date: "�0
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 Gary Havener, 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 APIAQ Limited Partnership and that s/he executed the same as the
act of APIAQ Limited Partnership for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
A0 2011.
r
No y Public in and for the
irr�;'a. JONN1E RENEE HU'TT State of Texas
0,0 •'�'= Notary Public,State of Texas
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My Commission Expires
'OF Moy 20,2014
.aureement T erminatinu I-ease -�
APIAQ Limited Partnership • '`"
Meacham International Airport
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City o f F'o rt Worth Texa s
Mayor a
Communication
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COUNCIL ACTION: Approved on 11/15/2011
/1 5/2011
DATE: Tuesday, November 15, 2011 REFERENCE No.: C-25304
LOG NAME: 55 FTW WI NSTON FTW
SUBJECT:
Authorize Termination of an Unimproved Ground Lease Agreement and a Public Fueling Agreement and
Fixed Base operator Permit with APIAQ Limited Partnership, Authorize Execution of a Ground Lease
Agreement, Public Fueling Agreement and Fixed Base Operator Permit with FTW FBO, LLC, for Lease
Sites 43N and 45N, with Approximately 188,055 Square Feet of Ground Space, Two Hangars with a Total
of 53,422 Square Feet and 1,500 Square Feet of Ground Space at the Aircraft Fuel Farm at Fort Worth
Meacham International Airport (COUNCIL DISTRICT 2)
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RECOMMENDATION:
It is recommended that the city council authorize the City Manager to:
1. Terminate city Secretary contract No. 25292, Amendment No. 1, City Secretary Contract No. 26545,
Amendment No. 2, city Secretary Contract No. 27455, Amendment No. 3, city Secretary contract No.
31448, with APIAQ Limited Partnership, for Lease Sites 43N, 44N and 45N, consisting of 266,302 square
feet of ground space and three hangars with a cumulative total of 122,672 square feet of space at Fort
Worth Meacham International Airport;
2. Terminate city Secretary Contract No. 30199, Consent to Assignment City Secretary Contract No.
39629, and Public Fueling Agreement and Fixed Base Operator Permit issued September 1, 2010 with
APIAQ Limited Partnership for approximately 1,600 square feet of unimproved ground space on the west
side of the aircraft fuel farm at Fort Worth Meacham International Airport;
3. Execute a Ground Lease Agreement with FTW FBO, LLC, for Lease Sites 43N and 45N, consisting of
approximately 188,056 square feet of ground space and two hangars, hangar 43N is approximately
26,929 square feet and 45N is approximately 36,493 square feet at Fort Worth Meacham International
Airport; and
4. Execute a Ground Lease with FTW FBO, LLC, for approximately 1,600 square feet of ground space on
the west side of the aircraft fuel farm at Fort Worth Meacham International Airport.
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DISCUSSION:
APIAQ Limited Partnership (APIAQ) is the current lessee of Lease Sites 43N, 44N and 45N, consisting of
266,302 square feet of ground space and three hangars with a cumulative total of 122,672 square feet of
space and 1,600 square feet of ground space on the west side of the aircraft fuel farm at Fort Worth
Meacham International Airport.
FTW FBO, LLC, has offered to purchase APIAQ's leasehold interest in Lease Sites 43N and 45N from
APIAQ. FTW FBO, LLC, has requested the termination of Secretary Contract No. 26292 and its
corresponding amendments and City Secretary Contract No. 30199 and its corresponding consent to
assignment in order to effectively establish new leases.
Logname: 55FTW WINSTONFTW Page 1 of 2
Crty Staff has no objection to this request as the facilities will continue to be used as a fixed base
operation. A complete survey of lease sites 43N and 45N is being conducted to establish exact square
footage of each. In addition to lease sites 43N and 45N, an additional 1,600 square foot tract has been
requested and will allow for expansion of parking lots and landside access to the fixed base operation.
The lease term for 43N and 45N will be effective upon the date of execution through November 30, 2040.
Based on a ground rate of$0.2402 square foot per year, lease sites 43N and 45N will generate estimated
revenue of$45,171.05 per year or $3,764.25 per month.
The lease term for the Public Fueling Agreement will be effective upon the date of execution through
December 31, 2044. Based on a ground rate of$0.2402 per square foot per year, the lease will generate
estimated revenue of$384.32 per year or$32.02 per month, in addition to fuel flowage fees of$0.12 per
gallon. Rental rates shall be subject to an increase on October 1 of any given year to reflect the upward
percentage change, if any, in the consumer Price Index for the period since the last adjustment, as
described in the Schedule of Rates and charges in effect at that time. All Agreement terms will be in
accordance with established city and Aviation Department policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that the Aviation Department is responsible for the
collection and deposit of funds due to the City.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491 052 0551101 L45s555.07
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CERTIFICATIONS:
Submitted for Citv Manager's Office b Fernando Costa (6122)
Oriqlinating Department Head: Kent Penney (5403)
Additional Information Contact: Jon nie H u itt (5409)
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ATTACHMENTS
No attachments found.
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