HomeMy WebLinkAboutContract 11628-A4 CRY SECRETARY
CONTRACT NO. -
AMENDMENT NO. 4 AND RENEWAL AGREEMENT
CITY SECRETARY CONTRACT NO. 11628
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
UNIMPROVED GROUND LEASE
This RENEWAL AGREEMENT ("Lease") is made and entered into by and between
the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in
Tarrant, Denton, Parker, and Wise Counties, Texas acting by and through Fernando Costa, its
duly authorized Assistant City Manager, and JOHN J. JANOVETZ, d/b/a LONE STAR
AERO ("Lessee"), a Texas company.
Recitals
The following statements are true and correct and form the basis of this Agreement:
A. Lessor and Texas Aviation Engineering previously entered into City Secretary
Contract ("CSC") No. 11628, an Unimproved Ground Lease for the lease and use
of real property known as Hangar 50-5 Lease Site and any improvements and
facilities thereon ("Leased Premises") at Fort Worth Meacham International
Airport ("Airport").
B. CSC No. 33519 was executed to exercise the first (1st) five year option to renew
effective January 1, 2006 and expiring on December 31, 2011.
C. Lessor consented to an Assignment of the Lease, CSC No. 35823, by the Previous
Lessee to Lessee.
D. CSC No. 11628 was amended by CSC No. 35828 to increase the rental rates in
accordance with the current established Aviation Department Schedule of Rates
and Charges for similar property at the Airport.
E. CSC No. 11628 was further amended by CSC No. 11628-A3 to add an additional
five year option to provide the Lessee a total of forty (40) years and to continue
the lease at the unimproved ground rate due to the investment and improvements
proposed for the Premises. CSC Nos. 11628, 33519, 35823, 35828 and 11628-A3
are hereinafter collectively referred to as the "Lease". The Lease is a public
document on file in the Lessor's City Secretary's Office.
F. Lessor and Lessee recognize that CSC No. 33519 reflected the expiration date as
December 31, 2011, instead of December 31, 2010 which gave Lessee a six-year
term for the renewal option thus offsetting subsequent renewal options that would
not coincide with the forty (40) year term.
OFFICIAL RECORD'
CITY SECRETARY
1 FT. WORTH, TX
I
E. Lessee hereby requests to correct the initial five year option and exercise the
second option for renewal. In accordance with the provisions of the Lease, the
Lessee has properly exercised its second (2"d) option to renew the Lease for a five
year period.
Agreement
1. CSC No. 33519 is hereby amended for the first (1st) option to renew for a five year
period, commencing on January 1, 2006 and expiring on December 31, 2010.
2. The Lease is hereby renewed and extended for a second (2"d) term of five (5) years,
commencing on January 1, 2011 and expiring on December 31, 2015.
3. All other terms and conditions of the Lease shall remain in full force and effect.
[Signature Pages to Follow]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
on this the me day of )I W 12012.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: v 26/=
STATE OF TEXAS §
COUNTY OF TARRANT §
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 - day
2012.
EVONIA DANIELS
SYt' '•fi's
MY COMMISSION EXPIRES
?;rEw duty 10,2013 otary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
AND LJEGALITY:
By: �� r ' .�Z By: 1t1&"4V
Charlene Sanders
Assistant City Attorney City Secret ry
ti p��oO� ���a
M&C: V�oo o°04�
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Approved: / `o� '� ` /o� �' 00
OFFICIAL RECORD'
CITY SECRETARY
3 FT WORTH, TX
JOHN J. JANOVETZ ATTEST:
d/b/a LONE STAR AERO:
By: By:
J. Ja ovet
Date: 10?- 30 - 90//
STATE OF TEXAS §
COUNTY OF 1A e(Z.4A)`j §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared John J.Janovetz known to me to be the persons whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of John
J.Janovetz and that he executed the same as the act of John J.Janovetz for the purposes and
consideration therein expressed and in the capacity therein stated.
EN UNDER MY HAND AND SEAL OF OFFICE this '30 day
CEM 8E-4�- , 201y,
Notary Pukic in and for the State of Texas
o`"n'�►o'''. JONNIE RENEE' HUITT
Notary Public,state of Texas
My commission Expires
May 20,2014
OFFICIAL RECORD
CITY SECRETARY
4 FT. WORTH, TX
r City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2012
DATE: Tuesday, January 24, 2012 REFERENCE NO.: **C-25413
LOG NAME: 55FTW JANOVETZ 2ND 5YEAR
SUBJECT:
Authorize Execution of Amendment No. 4 and a Second Five-Year Option to Renew City Secretary
Contract No. 11628 with John J. Janovetz d/b/a Lone Star Aero for Unimproved Ground Lease Site 50S at
Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 4 and a second five-
year lease option to renew with John J. Janovetz d/b/a Lone Star Aero for Unimproved Ground Lease Site
50S at Fort Worth Meacham International Airport.
DISCUSSION:
City Secretary Contract (CSC) No.11963, a 25-year Ground Lease, with the option for two five-year
extensions, of unimproved property for Lease Site 50S was executed with Texas Aviation Engineering on
January 1, 1981, Mayor and Council Communication (M&C C-5442). On January 31, 2006, CSC No.
33519 (M&C C-21281)was executed to exercise the first five-year option to renew, effective January 1,
2006 through December 31, 2011.
On September 11, 2007, a Consent to Assignment by Texas Aviation Engineering to John J. Janovetz
d/b/a Lone Star Aero was approved, CSC No. 35823 (M&C C-22378). Two subsequent CSC's were
executed to amend the original CSC No. 35828 (M&C C-22378) and CSC No. 11628-A3 (M&C C-23346)
respectively.
On September 1, 2011, City Staff received a request from Mr. John J. Janovetz to amend CSC No. 33519,
to correctly reflect the five-year renewal term as January 1, 2006 through December 31, 2010 and to
execute the second of three, five-year renewal options, in accordance with the Lease Agreement. This
second option will be effective January 1, 2011 through December 31, 2015.
In accordance with the established Schedule of Rates and Charges, this lease site of 3,120 square feet at
a rate of$0.2402 per square foot will generate revenue of$749.42 per year or$62.45 monthly.
The Lease will provide for one additional five-year option to renew. Rental rates shall be subject to an
increase on October 1 st of any given year to reflect the upward percentage change, if any, in the
Consumer Price Index for the period since the last adjustment. All agreement terms will be in accordance
with City and Aviation Department policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Aviation Department is responsible for the
Logname: 55FTW JANOVETZ 2ND 5YEAR Page 1 of 2
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collection and deposit of funds due to the City.
FUND CENTERS:
TO Fu nd/Accou nt/C enters FROM Fund/Account/Centers
PE40 491352 0551101 $749.42
CERTIFICATIONS:
Submitted for City Manager's Office by Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
No attachments found.
Logname: 55FTW JANOVETZ 2ND 5YEAR Page 2 of 2