Loading...
HomeMy WebLinkAboutContract 17928 01 unr `!C, AMENDMENT TO CITY SECRETARY CONTRACT NO. 12939 THE STATE OF TEXAS CITY SECRETARY aft mcr .- COUNTY OF TARRANT �y -0 Jut; G WHEREAS, the City of Fort Worth and Don E. Hansen have entered into City Secretary Contract No. 12939, under the terms of which Don E. Hansen leased certain parcels of property at Fort Worth Meacham Airport, which parcels are commonly known as Lease Site No. 6, Lease Site No. 7 , and Lease Site No. 8; and WHEREAS, Don E. Hansen is obligated to construct certain improvements on the said parcels; and WHEREAS, the parties desire to amend the Contract , to delete certain of the parcels , to eliminate the requirement for construction of improvements on these parcels ; and to grant a right of first refusal to lease certain property; WHEREAS, Lessee desires to exercise the option to renew the contract in advance of the time specified in the contract for such exercise, thereby extending the term of the contract . WITNESSETH: That the City of Fort Worth, ("Lessor") acting by and through David Ivory, its duly authorized Assistant City manager, and Don E. Hansen ("Lessee") , covenant and agree as follows : 1 . OFFICIAL RECORD CITY SECRETARY 1 FT. WORTH, TEX. City Secretary Contract No. 12939, on file in the office of the City Secretary of the City of Fort Worth, is amended by changing Section 1 to read as follows: "A. LEASED PREMISES. The leased premises, commonly known as Lease Site No. 8 , contains a total of 36,000 square feet and are described in the field notes marked Exhibit A, and outlined in red on the plat marked Exhibit B, said exhibits being attached hereto and incorporated herein for all purposes incident to this lease. B. RIGHT OF FIRST REFUSAL. Beginning March 1 , 1989, and continuing for a period of sixty ( 60) months thereafter, Lessee shall have a right of first refusal to lease the premises known as Lease Site 6 and Lease Site 7 , as described in Exhibit C, attached hereto, hereinafter called the "subject property. " The right of first refusal may be exercised after notice by Lessor that another party desires to lease all or a part of the subject property. After this notice, Lessee shall have 10 days in which to exercise his right by executing a lease for the subject property, under the terms then existing for other comparable property in the Airport . "The right of first refusal is granted in consideration of the payment by Lessee of the sum of $100 annually, the first payment being due at the beginning of the 60 month period, with like payments being due on each successive anniversary date. If Lessee fails to make any such payment when due, the right of first refusal shall expire, and the lessor will have no further 2 obligation to offer Lessee a right of first refusal for the subject property. "It is understood and agreed that no portion of the consideration paid for the right of first refusal for any annual period shall be refunded to Lessee nor shall it be credited toward any rentals owed by Lessee as a result of his leasing of the subject property. " 2 . City Secretary Contract No. 12939 is further amended by changing Section 2 to read as follows : "The term of this lease shall. begin December 1. , 1982 , and shall end May 31, 2016. " 3 . City Secretary Contract No. 12939 is further amended by changing Section 6 to read as follows: "Lessee, at its sole cost and expense, shall provide for the location, construction, erection and maintenance of improvements upon the leased premises for the purpose of carrying out the activities provided for herein. Lessee covenants and agree to perform said construction as described below: One colored, metal hanger measuring approximately 100 ' x 102 ' to be constructed on the northernmost portion of the leased premises and paving of approximately 25 ,000 square feet of the demised premises for taxiway access and aircraft tie down for approximately forty aircraft . Cost of the hanger, ramp and taxiway will be approximately $250 ,000 . " 3 4 . City Secretary Contract No. 12939 is further amended by changing Section 10 to read as follows : "As annual ground rental for the ground area leased hereunder, as described in Exhibit "A" and shown on Exhibit "B" , said area, containing a total of 36 ,000 square feet , Lessee shall pay to Leg,-w.r.,__1_.6-6 cents per square foot per year for an annual rental of $5 , 976 . 00 each year of the term of this Lease, subject to adjustment as hereafter provided. ADJUSTMENT OF RENTALS. Upon written notice from Lessor to Lessee delivered within 30 days prior to October 1, 1991, and upon written notice delivered within 30 days prior to the end of each five (5) year period thereafter during the term of this Lease, Lessor shall have the right but not the duty to adjust the ground rental payable hereunder to conform to rentals then prevailing at the airport for comparable ground space. TIME OF PAYMENT. 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 $498..00 being due March 1, 1989 and a like payment shall be due on or before the first day of each successive month thereafter. " 5 . This amendment shall be effective as of the first day of March, 1989 . 4 6. All other terms of City Secretary Contract No. 12939 that are not expressly amended hereby shall remain in full force and effect . Executed at Fort Worth, Tarrant County, Texas, this / z- day of 1990 . CITY Gd FORT WORTH DON E. HANSEN By; -- - 1r_ By: c� Assistant Cit. Manager ATTEST: ATTEST: City Secretary 2t5a�W—Public APPRO D AS TO FORM AND LEGALITY: My Commission Expires : ,A_4_6JV)�tlt C�ty Attorne Date: Contract Authorizatiosa Date 5 FIELD NOTES FOR LLASE SITE NO. 8 FORT WORTH MUNICIPAL AIRPORT MEACHAM FIELD A tract of land out of the James Wallace Survey, being a part of a tract conveyed to the City of Fort Worth by deed recorded in Volume, 1112, Page 574 , Deed Records , Tarrant County, Texas , and also being a portion of' Fort Worth Municipal Airport, Meacham Field, more particularly described using the Texas Coordinate System, North Central Zone, coordinates ind bearings as follows: COMMENCE at a point in the west line of North Main Street and the north line of 38th Street, said point being an easterly southeast corner, of Meacham Field, THENCE: North no degrees 28 minutes 39 seconds Last 681).8b feet and north 89 degrees 31 minutes 21 seconds west 540.0 feet to the point of be- ginning, said beginning point being the southeast corner of the herein de- scribed Lease Site No. 8, the coordinates of said beginning point are: X = 2,045,154.75, Y = 417,638.34; THENCE: South no degrees 28 minutes 39 seconds west 200.0 feet for the south- east corner of Lease Site No. 8; THENCE: North 89 degrees 31 minutes 21 seconds west 180.0 feet to a point for the southwest corner of Lease Site No. 8; THENCE: North no degrees 28 minutes 21 seconds east 200.0 -feet to the north- west corner of Lease Site No. 8, and the southwest corner of Lease Site No. 9; THENCE: South 89 degrees 31 minutes 21 seconds east along the south line of Lease Site No. 9 and the north line of Lease Site No. 8, 180.0 feet to the place of beginning and containing 36,000.0 square feet of land more or less. PUBLIC WORKS DEPARTMENT KEITH A. SMITH, P.E. , DIRECTOR JOHN L. JONES, P.E. , CHIEF ENGINEER EPD:tm 9-24-80 a B Vxhibit ACCESS ROAD I ° :, z 6) Ln 0 rn r> �\ O" v 9 v 0, IT ID n 0, r C) m 180.0 U) !. W / � _ � / > �c) �O _ Z (/) (n m ®4 Ln O Ln ~v�p O Ln Zi •Q\"lr _._ •,,,,gym o� cn rn _ O Z 0 C7 o N 0 rn O Q O O O d O W (Un V r �) v O d R-174.0 — — - I W rn 1 i n i d• cr_ to �, _ - - -- -- - c C ,r,s f>ri cam\r i� 0 5890 iI'i'I •t. '' �'G ' I � I Not to Sca�e job City of Fort Worth, Eexas Mayor and Council Communication DATE REFERENCE SU13JECTLEASE AMENDMENT AND EXTENSION PAGE NUMBER DON E. HANSEN - FORT WORTH MEACHAM 1 10-10-89 **C-11908 AIRPORT 1 of RECOMMENDATION: It is recommended that City Council authorize the City Manager to execute an agreement for early exercise of two five-year lease options and amendment of leases with Don E. Hansen under the terms outlined below. DISCUSSION: On June 15 , 1989, under AABC-1330, Don E. Hansen sought and received Aviation Advisory Board approval of a request for early exercise of his lease options and amendment of nine leases that he holds with the City of Fort Worth. At the time , it was believed that all of Mr. Hansen ' s leases at Fort Worth Meacham Airport had been listed in the communication. After City Council approval and execution of the amendment to the contracts was completed, it was learned that one lease had been inadvertently omitted. It is recommended that the City Council approve the same considerations by amending City Secretary Contract Number 12939 to allow the early option exercise, the extension of the lease, and amendment of the expiration date to that established for all other leases that Mr. Hansen holds with the City, May 31, 2016. At its meeting on September 21, 1989, the Aviation Advisory Board unanimously recommended City Council approval of the agreement. DAI/w/6 APPROVED BY CITY COUNCIL OCT 10 1989 City somomy of the) City of Fort Wor"Tonal) SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MAA OFFICE BNY:GER'S R. A. McKinney C3 APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Ike Thompson CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Scott 624-1127 L. S DATE