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HomeMy WebLinkAboutContract 12088 AMENDMENT TO CITY SECRETARY CONTRACT NO. 9749 CITY SECRETARY STATE OF TEXAS § CONTRACT No KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § WHEREAS, on March 24, 1978, the City of Fort Worth and Marshall R. Young Oil Co. entered into City Secretary Contract No. 9749 whereby Marshall R. Young oil Co. was given the right to conduct fixed base operations at Meacham Field, and WHEREAS, pursuant to said Fixed Base Operator Lease, Marshall R. Young Oil Co. constructed certain improvements on the leased premises; and WHEREAS, Marshall R. Young Oil Co. desires to add 1,189.1 square feet of land to the premises leased under City Secretary Contract No. 9749 in order to construct an addition to the improvements thereon; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Fort Worth, a home rule municipal corpora- tion located in Tarrant County, Texas, acting through its Assistant City Manager, Morris C. Matson, hereinafter called "Lessor", and Marshall R. Young Oil Co., acting by and through its President, W. K. Young, hereinafter called "Lessee", do hereby agree and covenant as follows: 1. City Secretary Contract No. 9749, on file in the office of the City Secretary of the City of Fort Worth, is hereby amended by revising Article I, Paragraph A. to read as follows: "A. DESCRIPTION OF PREMISES DEMISED. The demised premises are as described in the field notes marked Exhibits "A" and "C" and outlined in red on the plats marked Exhibits "B" and "D", such exhibits being attached hereto and incorporated herein for all purposes incident to this contract." 2. City Secretary Contract No. 9749 is further amended by revising Article III, Paragraph C to read as follows: OFFICIAL RECARO I CITY SECRETARY FT. ,0111, T,a. C. OBLIGATION TO CONSTRUCT. Lessee shall provide for the location, construction, erection and maintenance of improvements upon the demised premises for the purpose of carrying out the activities provided for herein. Said improvements shall include: 1. Construction on the leased premises described in Exhibit "A" and shown on Exhibit "B", said construction to consist of one colored, all metal, two-bay hangar with a minimum of Eighteen Thousand (18,000) square feet of building space, with dimensions of 150 feet X 120 feet, with a concrete floor, aircraft parking ramp, and taxiway connecting the aircraft parking ramp to the general taxiway or runway. 2. Construction on the leased premises described in Exhibits "A" and "C" and shown on Exhibits "B" and "D", along the south wall of the above described hangar, said construction to consist of a colored, all metal lean-to building to be used as shop space. All plans and specifications for the construction of buildings and improvements and other facilities (including landscaping) contemplated hereunder shall be prepared as hereinafter set out and shall require the written approval of Lessor before any construction or installation may be undertaken. 3. City Secretary Contract No. 9749 is further amended by revising Article III, Paragraph F to read as follows: F. CONSTRUCTION SCHEDULE. All construction described in Paragraph C. 1. above shall be completed by June 1, 1978. All construction described in Paragraph C. 2. above shall be completed by April 1, ,T ,' . p�b�' 198 Upon completion of construction, title to all permanent improvements shall vest in Lessor. All other improvements, of a non-permanent nature, and all trade fixtures, machinery and furnishings made or installed by Lessee may be removed from the leased premises at any time by Lessee except as otherwise provided in this Lease. 4. City Secretary Contract No. 9749 is further amended by revising Article V to read as follows: "ARTICLE V A. GROUND RENTAL. As annual ground rental for the ground area leased hereunder, as described in Exhibit "A" and shown on Exhibit "B", said area containing Forty-Two Thousand, Two Hundred Fifty-Three (42,253) square feet, Lessee shall pay to Lessor Eight Cents _2- ($.08) per square foot per year. As annual ground rental for the ground area leased hereunder, as described in Exhibit "C" and shown on Exhibit "D", said area containing One Thousand One Hundred Eighty-Nine and One Tenth (1,189.1) square feet, Lessee shall pay to Lessor Fifteen Cents ($.15) per square foot per year. B. ADJUSTMENT OF RENTALS. Upon written notice from Lessor to Lessee delivered within thirty (30) days prior to the end of each five (5) year period during the term of this lease, Lessor shall have the right but not the duty to adjust the ground rental payable hereunder to conform same to rentals then prevailing at the airport for comparable ground space, any increase in ground rental not to exceed ten percent (100) of the amount theretofore payable under the then expiring five (5) year period. C. TIME OF PAYMENT. Prior to October 1,1981, the total annual ground rental due hereunder shall be Three Thousand Three Hundred Eighty and 24/100 Dollars ($3,380.24) . Beginning October 1, 1981, the total annual ground rental due hereunder shall be Three Thousand Five Hundred Fifty-Eight and 61/100 Dollars ($3, 558.61) . All rentals shall be paid monthly in advance, in amounts equal to one-twelfth (1/12) of the annual rental, the first payment in the amount of Two Hundred Eighty-One and 69/100 Dollars ($281.69) being due on or before June 1, 1978, and a like payment shall be due on or before the first day of each successive month thereafter until October 1, 1981. On October 1, 1981, a payment of Two Hundred Ninety-Six and 55/100 Dollars ($296.55) shall be due, and a like payment shall be due on or before the first day of each succeeding month thereafter during the term hereof. 5. Exhibits "C" and "D" attached hereto shall be incorporated into City Secretary Contract No. 9749 for all purposes incident thereto. 6. This amendment shall be come effective October 1, 1981 and shall terminate concurrently with City Secretary Contract No. 9749. 7. All terms, provisions and conditions of City Secretary Contract No. 9749 which are not amended hereby shall remain in full force and effect and if applicable, shall apply to this amendment the same as if written in a single instrument. -3- EXECUTED this day of (ry- 3yj,(�p�_ , 1981 in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH MARSHALL R. YOUNG OIL CO. By: ry-L�)lf By: Lz Assistant City Manager PresideAt 'L ATTEST: ATTEST: CA _ C,y Secretary Corporate Greta APPROVED AS TO FORM AND LEGALITY: Ci y Attorney APPROVED BY CITY CODUNCIL J 9�'9cT City Secretary Date -4- REVISED FIELD NOTES FOR LEASE 18-N PARCEL A MARSHALL R. YOUNG OIL COMPANY LEASE SITE FORT WORTH MUNICIPAL AIRPORT MEACHAM FIELD A parcel of land out of the James Wallace Survey, and being a portion of a tract of land conveyed to the City of Fort Worth, by deed recorded in Volume 1074, Page 498, Deed Records, Tarrant County, Texas, more part- icularly described using the Texas Coordinate System, North Central Zone, coordinates and bearings as follows: COMMENCE at a point in the north line of 38th Street and the west line of North Main Street, said point being an easterly southeast corner of Meacham Field, THENCE: North 3,910.31 feet and west 943.61 feet to the point of beginning, said point of beginning being the east corner of existing Lease Site 18-N, said point being on a curve in the westerly line of North Main Street, the center of said curve bears south 57 degrees 56 minutes 57 seconds west a radius distance of 1,860.08 feet, the coordinates of said beginning point are X = 2,044,745.48, Y = 420,857.84; THENCE: Southerly along said curve to the right and the westerly line of North Main Street an arc distance of 11.82 feet; THENCE: South 52 degrees 29 minutes 02 seconds west 202.25 feet to a point in the southwesterly line of said existing Lease Site 18-N; THENCE: North 49 degrees 10 minutes 32 seconds east along said southwesterly line 203.75 feet to the place of beginning and containing 1,189.1 square feet of land more or less. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT GARY L. SANTERRE, P.E., DIRECTOR JOHN L. JONES, P.E., CHIEF ENGINEER EPD:tm 9-22-81 EXHIBIT "C" m 4, ly��a _ o T �p a OD s /SS2029'02"W. 202.25' I � 243.75 _ _ I v S49 010'32"W 260.10' m R a h m m � Y x ti N A x 4 A 0 O O x m I m o N 49010'32"E 298.76' i 8,1,88 p f �J r ° � r c� a x , cn a N ' 00 ° A O �1 O m x m x t 0� J f N S49 010'32"W 300.00' v P 0 9 %=2,044,520.65 m .v Y= 421,148.52 N ,l'.p c8: V vJ a � Z�T a y f' W D m N ••, 0 3 D m O I ' TKO t0 E~0 O , Imo N A b=N La m mzmv i l7 zf'-IN 2 N N x W m =mom mp EXHIBIT "D" , N /,r✓.- City of Fort Worth, Texas Mayor and Council Communication DATE !REKRENCE SUBJECT: Lease Amendment - Marshall R. PAGE BER Y: :;: rg Oil Co. - Meacham Field _ City Secretary Contract No. 9749, Marshall it, Young Oil Cc, , leases 42,253 �_qua.re feet of land on which it built an 18,000 square foot hangar, The firm -opcses to add , along the hangar's south s__d.e, a. lean-to bv.zlding to be used a!, shop space. The existing hangar: is not situa~ed squarely on the lease site a the southeast ccrner of the structure commences at the lease line and proceeds ,a s-erly veering northerly away fLcm the lease line:. In order to accommodate `he prrposed additi-n to the hangar, the lessee seeks a. lease amendment to add a '=gaiar plot of wand to the le:q.:�e site,I A has been made of the area, -Cntains 1,1_89 ,1 square feet ., A iiiight deviation from the Meacham Field Master Plan will be required to meet t..:- needs of the Yc=J.ng Oil Co. The Master Plan p:~ovides for all airport access a_3 to be 50' wide with 10' parkways on e-ither s~:de. The Young Oil Co. -1-cpcsal violates the 10' parkway allowance; howevee, this is considered, tc J,:Cesen* no problem as the roadway is abcut 4' lcwe,: than the parkway, n--anal race for the 1,18`4 ) squarE fEet of 'land w i' be $_15 per square 'rot pe year. Term will begin October 1, 7_981, and end simu.I-taneously with the or _ginal lease agreement on January 31, 20G8. Ax ]_tns meeting on September 21, 1981, the Av'Laticr. Advisory Board unanimously rec:=nended approval of the lease amendment. RscommEndat for '.s recommended that the C:Lty Co;..,ncil authorize the City Manager to amend the '_ease with Marshall R. Young Oii Co, to add. he sFbject additional land as iy-nally determi:_ned by survey. M0::plg SUBMITTED FOR IMt CITY MANAGER'S �I ] DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: - !.t,f .-.-� ❑ APPROVED ORIGINATING _ C OTHER (DESCRIBE) DEPARTMENT HEAD: a CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: DATE