The URL can be used to link to this page

Home My WebLink AboutContract 23530-R2 �ONRACT NG 530.-.&-SECREARY RENEWAL AGREEMENT CITY SECRETARY CONTRACT NO. 23530 FORT WORTH MEACHAM INTERNATIONAL AIRPORT TANK FARM LEASE AND PUBLIC FUELING AGREEMENT FUEL FARM SITE NO. 3-A This RENEWAL AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas and situated in Tarrant, Denton, Parker and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and TEXAS JET, INC. ("Lessee"), acting by and through Reed Pigman, its duly authorized President. Recitals The following statements are true and correct and form the basis of this Agreement: A. Lessor and Lessee previously entered into City Secretary Contract ("CSC") No. 23530 (the "Lease"), a lease of real property at Fort Worth Meacham International Airport ("Airport") giving Lessee the right to store and dispense aviation fuel from a tank farm at the Airport located on the leased property. Lessee is authorized to operate as a Fixed Base Operator ("FBO") at the Airport. The Lease commenced on January 26, 1998 and expired on November 30, 2004, subject to renewal at Lessee's option for two (2) additional terms of five (5) years each. B. Pursuant to the terms and conditions of CSC No. 23530, Lessee properly exercised its first option to renew the Lease for five (5) years commencing December 1, 2004 and expiring November 30, 2009. C. In accordance with the provisions of the Lease, Lessee has properly exercised its option to renew the Lease for a final term of five(5) years. Agreement 1. The Lease is hereby renewed and extended for a final term of five (5) years, commencing on December 1, 2009 and expiring on November 30, 2014. 2. Section 3.3 `Fuel Flowage Fees' of CSC 23530 shall read as follows: As consideration for the privilege allowed Lessee by Lessor to dispense aircraft fuels at the Airport, Lessee shall pay Lessor fuel flowage fees based on the number of gallons of fuel delivered to the Premises annually and calculated in accordance with the Schedule of Rates and Charges in effect at the time. By way of example, as of the,_Lffec:tiuv-Dftfre ryftfit; OFFICIAL- RECORD 3 1 CITY SECRETARY FT.WORTH; TX , Lease, fuel flowage fees for the period between the Effective Date of this Lease and September 30, 2010 shall be calculated as follows: Gallons (annually) $0.12/gallon Fuel flowage fees shall be measured and calculated as of October 1 of each year,beginning October 1,2009, during the Term in accordance with the Schedule of Rates and Charges in effect at the time. Payments of the fuel flowage fees are due and payable on the tenth (10th) day of each month succeeding that in which aircraft fuels were delivered to the Premises. Payments must be received during normal working hours by such date at the location for Lessor's Aviation Department set forth in Section 20. This fee shall be considered past due if Lessor has not received full payment after the fifteenth(15th) day of that month. Lessor will assess a late penalty charge of ten percent(10%)per month on top of the entire month's fee for each month in which a fee is past due. 3. All other terms and conditions of the Lease shall remain in full force and effect. [Signature Pages Immediately Follow] 2 IN WITNESS W EREOF, the parties hereto have executed this Agreement in multiples on this the IL*t'day of 1 , 2009. CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: /,20/09 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 12009. MaRia,S.saNCHEZ ' *c *= MY COMMISSION EXPIRES ' December 14,2013 Not Public in and for the State of Texas - 4 APPROVED AS TO FORM ATTEST: AND LEGALITY: By: �:s� 7 By: Charlene Sanders Marty HendfSx Assistant City Attorney City Secretary M&C: C, - z- 9 1-4 CIFR ,ifs L RECORD CITY SECRETARY FT W,' RTH Tx 3 TEXAS JET, INC.: ATTEST: By: By: Name: Ree Title: President Date: STATE OF TEXAS § COUNTY OF r § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed Pigman, 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 Texas Jet, Inc. and that s/he executed the same as the act of Texas Jet, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. pp IV N UNDER MY HAND AND SEAL OF OFFICE this X—t day 2009. — 0 8 W.-- 4 Notary Public in and for the State of Texas MESA MOKE My Comn won Exon May 16,2010 OFFICIAL._ RECORD CITY SECRETARY FT. WORTH, TX � 4 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1218/2009 DATE: Tuesday, December 08, 2009 REFERENCE NO.: **C-23948 LOG NAME: 55TEXAS JET INC TANK AND FUEL FARM SUBJECT: Authorize Execution of the Second Five Year Lease Renewal Option of City Secretary Contract No. 23530 with Texas Jet, Inc., for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3-A at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the second five year lease renewal option of City Secretary Contract No. 23530 with Texas Jet, Inc., for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3-A at Fort Worth Meacham International Airport. DISCUSSION: Lessor and Lessee previously entered into City Secretary Contract (CSC) No. 23530, (the Lease) a lease of real property at the Airport and an Agreement giving lessee the right to store and sell aviation fuel on such property and to provide transient fueling services at the Airport from such property. The lease commenced on January 26, 1998 and expired on November 30, 2004. The lease provides that lessee shall have the right to renew the Agreement for two additional terms of five years each, subject to fee structures which, on the effective date of a renewal term, comply with the Schedule of Rates and Charges approved by City Council of the City of Fort Worth. The lessee properly exercised its first option to renew the lease for five years commencing December 1, 2004 and expiring November 30, 2009. In accordance with the provisions of the lease, lessee has properly exercised its option to renew the lease for a final term of five years. This lease renewal is for a final term of five years, commencing on December 1, 2009 and expiring on November 30, 2014. This agreement is based upon the rates and charges schedule for fuel farms and fuel flowage. Texas Jet, Inc., will pay $370.00 per month for the fuel farm and $0.12 per gallon for fuel. This was recently adopted as the schedule of rates and is reviewed each year. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Aviation Department will be responsible for the collection and deposit of funds due to the City under this Agreement. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers PE40 491472 0551101 $4,440.00 http://apps.cfwnet.org/ecouncil/printmc.asi)?id=12687&print=true&DocTvne=Print 12/1 0/2009 Page 2 of 2 CERTIFICATIONS: Sub_mitted_for City Manager's Office bv: Fernando Costa (6122) Originating Department_Head: Kent Penney (5403) Additional Information Contact: Aya Ealy (5406) ATTACHMENTS 1. Accountin g_Info.pdf (CFW Internal) http://apps.cfwnet.orR/ecouncil/L)rintmc.asp?id=12687&print=true&DocTvne=Print 12/10/2009