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Home My WebLink AboutContract 53774-A4 CSC No. 53774-A4 AMENDMENT NO. 4 CITY SECRETARY CONTRACT NO. 53774 FORT WORTH MEACHAM INTERNATIONAL AIRPORT LEASE SITE 42N This AMENDMENT NO. 4 ("Agreement") is made and entered 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 Dana Burghdoff,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, as amended, ("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 months of commencement of construction (Exhibit B), which expired on April 2, 2022; WHEREAS, on January 15, 2021, Lessor and Lessee entered into CSC No. 53774-A1, a Lease Amendment to provide an extension of 120-days to begin construction no later than February 2, 2021 due to Force Majeure as a result of COVIDI9-related delays; and WHEREAS, construction was to be completed within fourteen (14) months from the date of commencement of construction; WHEREAS, on April 15, 2021, Lessor and Lessee entered into CSC No. 53774-A2 (Second Amendment) to replace the original survey which incorrectly included a concrete pad belonging to an adjacent Lease Site 43N with a revised and corrected survey and which changed the Leased Premises square footage from 79,875 square feet to the corrected amount of 79,181 square feet; WHEREAS, on April 28, 2021, the Lessor and Lessee entered in CSC No. 53774-A3 (Third Amendment) to incorporate additional language within Section 4.1 under the Lease "Mandatory Improvements" to make it clear that the Mandatory Improvements would be owned by Lessor upon completion; WHEREAS, on June 2, 2022, Lessee's general contractor notified Lessee that they were suspending all activities, companywide, effective May 31, 2022, which delayed construction beyond the Lessee's control for three months due to outstanding invoices for subcontractors; AREA 51 HANGARS,LLC. OFFICIAL RECORD Amendment No.4 to CSC No.53774 Page 1 of 4 CITY SECRETARY FT. WORTH, TX WHEREAS, Lessee has requested an extension to complete the Mandatory Improvements due to contractor delays as a result of causes beyond Lessee's reasonable control; and WHEREAS, due to the extenuating circumstances the Lessee has faced and the fact that the Mandatory improvements are over ninety-seven percent complete, the Lessor is agreeable to extending the deadline for completion of construction to December 31, 2022. 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. 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.4 to CSC No.53774 Page 2 of 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this the day of ,2022. CITY OF FORT WORTH: `1Gt �GI�GIGLA102�z By:Dana Burghdoff(N 8,2022 :36 CST) Dana Burghdoff Assistant City Manager Date: Nov 8, 2022 SELENA ALA _ p Notary Public * * STATE OF TEXAS GVV P Notary I.D.132422528 STATE OF TEXAS My Comm.Exp.Mar.31,2024 COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dana Burghdoff, 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 day ,2022. Nov 8, 2022 Selena Ala(Nov 8,202214:38 CST) Notary Public in and for the State of Texas �`roF 0000I0 Lad a '%YO APPROVED AS TO FORM ATTEST: �v00% o=� AND LEGALITY: pa a�oo a� 00000 J-anno*fo S.Goodall a nEXAS°aa By: , By: Jannette S.Goodall(Nov 9,202212:35 CST) Thomas Royce Hansen, Jannette S. Goodall, City Secretary Assistant City Attorney M&C. OriginalM&C20-0201 � OFFICIAL RECORD Date: 03/24/2020 CITY SECRETARY FT. WORTH, TX AREA 51 HANGARS,LLC. Amendment No.4 to CSC No.53774 Page 3 of 4 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 8c�z6c��eec�rr� Barbara Goodwin Real Property Manager LESSEE: AREA 51 HANGAR, LLC. ATTEST: By- By: Kenneth Broadie, President Date: /a L-zal2c,-7--2— 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 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 51 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day �✓G�v.�' � 92022. Notary Public i an or the StIte of Texas GARTH D. SHIPLEY * Notary Public,State of Texas -W Comm.Expires 06-17-2024 Notary ID 5154735 AREA 51 HANGARS,LLC. Amendment No.4 to CSC No.53774 Page 4 of 4 EXHIBIT A EXIIIBIT"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 eight(8)months of the execution of the Agreement. Construction will be completed by December 31,2022 or within twenty-two(22)months,twenty-nine (29)days of commencement of construction and approved by Aviation. Mandatory Improvements to be completed are as follows: • 21,000 SF Hangar, including: 0 1,000 SF of Finished Offices 0 2,000 SF of Parts Storage • 3,000 SF 2nd Floor(Storage Mezzanine) AREA 51 HANGARS,LLC. Amendment No.4 to CSC No.53774 Page 5 of 4