HomeMy WebLinkAboutContract 17928 01 unr `!C,
AMENDMENT TO CITY SECRETARY CONTRACT NO. 12939
THE STATE OF TEXAS CITY SECRETARY
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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
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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