HomeMy WebLinkAboutContract 11079 9 10 'MENDMENT AND SUPPLEMENT TO CITY SECRETARY CONTRACT NO. 7920
CITY SECRETARY
ft� O EXAS CONTRACT No.
Ma
CD COUNTY �_ TARRANT §
EREAS, the City of Fort Worth and Don E. Hansen heretofore
made and entered into a Fixed Base Operator Lease for the use of a
tract of land on Meacham Field near North Main Street and East of
the taxiway serving former Runway 31, said lease being dated June
28, 1974, and described as City Secretary Contract No: 7920 on file
in the office of the City Secretary of the City of Fort Worth; and
WHEREAS, Don E. Hansen and the City of Fort Worth amended said
City Secretary Contract No. 7920, by adding to the ground area de-
scribed therein two strips of land located between the originally
demised premises and the west line of Highway 81 lying on either
side of a 24 foot public road situated on the airport, which said
amendment was executed July 28, 1975, and is filed as Contract No.
8317 in the office of the City Secretary of the City of Fort Worth;
and
WHEREAS, on October 29, 1975, Don E. Hansen and the City of Fort
Worth entered into a second amendment to said City Secretary Contract
No. 7920, as amended, in .order to provide for the operation of a
restaurant and for the sale of food and alcoholic beverages on the
leased premises, said amendment being identified as Contract No. 8419,
on file in the office of the City Secretary of the City of Fort Worth;
and
WHEREAS, on March 19, 1976, Don E. Hansen and the City of Fort
Worth entered into a third amendment to said City Secretary Contract
No. 7920, as amended, to add to the ground area described therein
a strip or parcel of land (Lease Site No. 1-A) 317.73 feet by 50 feet
west of and contiguous to the demised premises as originally described
in City Secretary Contract No. 7920, said amendment being identified
OFFPC�AI RnCm.,
CITY SECRETARY
FT. WORTH, TEX.
as Contract No. 8606, on file in the office of the City Secretary of
the City of Fort Worth; and
WHEREAS, Don E. Hansen and the City of Fort Worth now desire to
enter into a fourth amendment and supplement to said City Secretary
Contract No. 7920, as amended, to add to the ground area described
therein a strip or parcel of land 230 feet by 65 feet south of and
contiguous to the demised premises as originally described in City
Secretary Contract No, 7920, as amended, and to permit the remodeling
of the hangar on Location 1 and the addition of new construction on
the leased premises for the operation of a motel to support the fixed
base operations thereon;
NOW, THEREFORE, SNOW ALL MEN BY THESE PRESENTS:
That the City of Fort Worth, a home-rule municipal corporation in
Tarrant County, Texas, acting herein by and through its duly authorized
City Manager, Robert L. Herchert, hereinafter called"Lessor, " and Don
E. Hansen, an individual, hereinafter called "Lessee," do hereby cove-
nant and agree as follows:
1.
That City Secretary Contract No. 7920, as amended, on file in the
office of the City Secretary of the City of Fort Worth, is hereby
further amended and supplemented by adding to Article I, Paragraph A,
"DESCRIPTION OF PREMISES DEMISED," the following described property:
A tract of land 230 feet by 50 feet south of and
contiguous to the demised premises as originally
described in City Secretary Contract No. 7920,
said area being described more particularly in the
metes and bounds description attached hereto and
marked Exhibit "A", and being delineated in red
on the plat attached hereto and marked Exhibit "B".
2,
In addition to the general and specific privileges, uses and rights,
granted to Lessee in Article I, Paragraphs B, C and D of City Secretary
No. 7920, as amended and supplemented, Lessor hereby grants to Lessee
-2-
the non-exclusive privilege and right of constructing, equipping, fur-
nishing, operating and maintaining a first class motel offering public
accommodations of forty (40) guest rooms. Such improvements shall in-
rude a swimming pool, meeting rooms and the remodeling of the lobby
and Sandpiper Restaurant area now located on the demised premises. To
accomplish the above described improvements, Lessee will remodel its
hangar presently on Location 1 and will add new construction to accommo-
date the motel. Lessee agrees to expend on such improvements an esti-
mated sum of Three Hundred Thousand Dollars ($300,000.00) for construc-
tion and One Hundred Thousand Dollars ($100,000.00) for furnishings.
3.
All plans and specifications for the remodeling and construction
of buildings and improvements and other facilities (including land-
scaping) contemplated hereunder shall be prepared as hereinafter set
out and shall require the written approval of Lessor before any remod-
eling or construction may be undertaken. All improvements hereunder
shall be subject to inspection by the City's Public Works Director
or his duly authorized representative.
4.
Within ninety (90) days after the execution of this agreement by
the Lessor, Lessee shall submit to Lessor final plans and specifica-
tions for the construction of the improvements and facilities contem-
plated hereunder. All plans, specifications and work shall be sub-
ject to the approval of the Director of Public Works and must conform
to all local, state and federal codes, laws, ordinances and regulations
now in force or hereafter prescribed by authority of law. Lessee shall
at its sole cost and expense obtain all necessary licenses and permits
and all payment and performance bonds.
5.
All construction and remodeling shall be completed within six
months after execution hereof on behalf of Lessor.
-3-
6.
The term of this lease amendment and supplement shall commence
on June 1, 1979, and shall continue for so long as City Secretary
Contract No. 7920, as amended, remains in full force and effect, sub-
ject to the provisions of Article IV thereof.
7.
For the additional ground area leased hereunder, described in
Exhibit "A", and shown on Exhibit "B" attached hereto, same being
a total of 14,950 square feet, Lessee shall pay to Lessor for ground
rental from June 1, 1979, through July 31, 1979, the monthly sum of
Ninety-Nine and 66/100 Dollars ($99.66) for a total rental of One
Hundred Ninety-Nine. and 32/100 Dollars ($199.32) , such ground rental
being calculated at the rate of $.08 per square foot per year. There-
after, and beginning on August 1, 1979, same being the anniversary
date of City Secretary Contract No. 7920, Lessee shall pay to Lessor
for the ground area leased under this amendment and supplement, an
annual ground rental of One Thousand Three Hundred Fifteen and 60/100
Dollars ($1,315.60) for each year of the term hereunder, payable in
equal monthly installments, such ground rental being calculated at
the rate of $.088 per square foot per year.
All rentals shall be paid .monthly in advance, the first payment
being due on or before the first day of June, 1979, and a like pay-
ment being due on or before the first day of each successive month
thereafter during the term hereof.
All ground rentals prescribed hereunder may be increased periodically
in the manner prescribed in Paragraph C of Article V of City Secretary
Contract No. 7920, at such time and on such-dates as the ground rentals
are increased for the other premises leased under City Secretary Con-
tract No. 7920, said increase not to exceed ten percent (10%) of the
amount theretofore payable.
8.
It is specifically understood and agreed that all insurance and
-4-
indemnification requirements prescribed under Article vI of City
Secretary Contract No. 7920, as amended, shall apply to the Lessee's
activities and operations granted hereunder, and to the improvements
to be constructed on the leased premises.
9.
All construction, remodeling and other improvements shall be
performed at Lessee's sole cost and expense. Lessee shall complete
all such improvements free and clear of liens for labor and materials
and shall hold the Lessor harmless from any liability in respect thereto.
10.
Upon the completion of any improvements hereunder, and the instal-
lation of any fixtures, interior decorations and finishings, of such
nature as cannot be removed without damage to the demised premises
or the improvements constructed thereon, title thereto shall vest in
Lessor; provided however, that during the term of City Secretary Con-
tract No. 7920, or any extension thereof, Lessee at his sole cost and
expense, shall maintain, repair, replace and keep in good operating
condition, the motel and all other improvements, including fixtures,
interior decorations and finishings as well as all other improvements
on the demised premises. Title to all removable furnishings, fixtures
and supplies shall remain with Lessee.
11.
A. Type of operation. Lessee shall furnish service to the public
on a fair, reasonable and non-discriminatory basis. Lessee shall main-
tain and operate the motel and all other improvements in a first-class
manner and shall keep the same in a safe, clean, orderly and inviting
condition at all times. All services and goods furnished and sold must
conform in all respects to federal, state and municipal laws, ordinances
and regulations.
B. Personnel. Lessee shall at all times retain an active,
qualified, competent and experienced manager to supervise the motel
-5-
operations and be authorized to represent and act for Lessee. The
name of manager shall be provided to City on a current basis.
Lessee shall maintain a close check over attendants and employees
to insure the maintenance of a high standard of service to the public.
Lessee shall operate the motel in strict compliance with all
applicable federal, state and municipal laws, statutes or ordinances
and all directives from the Health, Police and Fire Department of the
City of Fort Worth, Lessor, by its officers, employees or agents, and
the officers of any governmental subdivision or agency having juris-
diction thereover, shall have the right to enter upon and inspect the
motel premises and operations at all reasonable times,
12.
Lessee shall bear at his own expense all costs of operating the
motel and all other operations on the demised premises, and shall pay
in addition to rental all other costs connected with the use of the
premises and facilities thereon including, but not limiting the genera-
lity thereof, maintenance, insurance, water, electricitypany and all
taxes, heat, custodial service and supplies, and all permits and licenses
required by law.
13.
Lessee shall obtain and pay all licenses or permits necessary or
required by law for the conduct of its operations and activities here-
under.
14.
All rental payments hereunder shall be paid to the Aviation Depart-
ment, Meacham Field Administration Building, Fort Worth, Texas, or such
other address as the City may designate by written notice to Lessee.
15.
Lessee covenants and agrees that it shall not permit the use of
loud, abusive, foul or obscene language on the leased premises, nor
shall Lessee permit any unlawful, obscene or immoral acts or conduct
-6-
by any person or persons on said premises, and that the use of such
language or the occurrence of such acts or conduct shall result in
the removal from said premises of any person or persons using or per-
forming same by Lessee, its officers, agents or employees.
16.
The provisions of this amendment and supplement shall be read
with and as a part of City Secretary Contract No. 7920, as previously
amended. All of the terms, conditions and provisions of City Secretary
Contract No, 7920, as previously amended, which are not amended hereby
shall remain in full force and effect.
EXECUTED this day of A. D.,
1980 in Fort Worth, Tarrant County, Texas.
ATTEST: CITY OF FORT WORTH, LESSOR
BY: 'U . ��_0A_k'L+
' City Secretary City Manager
APPROVED AS TO FORM AND LEGALITY:
DON E. HANSEN, LESSEE
City Attorney
BY:
I � /
on E. Hansen
APPROVED BY CITY COUNCIL
City Secretary
Date
-7-
Maym c,Lnd Council Communication
DATE REFFRENCE su9JECT: Lease Amendment - Don E. Hansen_- PAGE
NUMBER City Secretary Contract Nos`.`79"L0"-an����� 2
5/29/79 C-4667 8481 - Meacham Field 1of —.-
On June 28, 1974, rha City of Fort Worth and Don E. Hansen entered into Contract
No, 7920 on grounds at Meacham Field identified as Location One. Mr. Hansen
constructed a hangar building on the site which houses Cooper Airmotive, the
Sandpiper Restaurant; Meacham Aero's General Offices, and Couch Flying Service.
On June 1, 1976, the City and Mr. Hansen entered into Contract No. 8488 or
Location Two which adjoins Location One on the south. On the second site, Hr.
Hansen also constructed a hangar which is used for aircraft storage and to house
the American Flight Center.
Mr, Hansen now proposes to remodel the hangar on Location One and add new ^_on-
struction to accommodate a motel for support of Meacham Aero, his fixed base
operation, He anticipates that he will then be capable of offering full air-
craft, food and lodging service to his customers, many of whom are pilots and
executives from out of town.
The improvements will include forty motel rooms, a swimming pool, meeting rooms,
and will involve remodeling of the lobby and Sandpiper Restaurant area. Mr.
Hansen proposes to spend approximately $300,000 on construction and $100,000 on
furnishings. He anticipates construction will begin about June 1, 1979, and
last approximately six months. Plans and specifications will be subject to
review and approval by the City prior to construction and the project wi-1 be
subject to City inspection.
CPhe iiow construction will include about 16,560 square feet of unoccupied ground
ix:;, a :)art a` Location Two. A new survey will. be requested and that area will
"�!CC Lan ?,ocai.`or:. OnV
Sia_~c :a.;, motel is to be primarily or support of 11r. Hansen`s fixed base
op-tatic;. , it can be accepted as an aviation activity even though not specifi-
i_.:a'_ under that category in Contract No. 7920. There is no exclusion
or a r.r: cl facility in the lease.
Rental rate and term of City Secretary Contract No. 7920 will. not be affected,
ether than to add approximately 16,560 square feet to Location One that is now
a part of Location Two.
At its meeting on May 21, 1979, the Aviation Advisory Board unanimously recom-
mended approval of amendments to Contract Nos. 7920 and 8481.
SUBJL ['AGE
Nuns aEr Aaii-adi L�nL L;L�1, I H
Ci.T) SE, z
Coar-ract. Nc.�,, ?920 nd
Rec cpmmenda L iO 0
1,_ is recommended chat the City Council authorize the City Manager )-o effect
the ic-'llowiag amendment: t3 Mr. Hansen's leases:
Amend City Secretary Contract No. 7920 to allow moditicarion
and e'xtension of the hangar on Location One for use -as a
morel;
2) Amend City Secretary Contract No. 8481 to deleLe app-rr-ximately
16,560 square feet of land; and
3) Amend City Secretary Contract No,, 7920 to add approximately
16,560 square feet of land.
WRH-ms
S DISPOSITION BY COUNCIL:
CITY FOR THE PROCESSED BY
Ty N MA 'S
OFFICE By�.GER APPROVED
❑
ORIGINATING OTHER(DESCRIBE)
DEPARTMENT HEAD: Barry Hall CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Ba rrLy Uall3 624-1127 DATE
nN 31 1"W
n
.r) x cn s n 1
D n m a
z -
Z
M N d O fTi 0]
4t 9
m
—I X
W W �CIS
U v m
3(n z
- OM>
=m Z_ r
�Om-u ~
o T(nZM o
m_ O
o Qp
_m
D ccn m
m
U)
I
75
j a
-- SBQ'122�"E m
tt
n ` 233,07'
O� 50V
"O
�O —
m
m
',. N