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Home My WebLink AboutContract 25588-A1 CITY E RET"c AMENDMENT NO. 1 TO CSC NO. 25588 FORT WORTH MEACHAM INTERNATIONAL AIRPORT TERMINAL BUILDING OFFICE LEASE AGREEMENT This AMENDMENT NO. I ("Amendment") 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 and Wise counties Texas, acting by and through T.M. Higgins, its duly authorized Assistant City Manager, and AMERICAN FLYERS, INC. ("Lessee"), a Texas Company acting by and through R. Clark McCormack, its duly authorized President. RECITALS A. WHEREAS, on or about February 3, 2000, Lessor and Lessee entered into City Secretary Contract ("CSC") No. 25588, a terminal building office lease agreement for (4,793) square feet of carpeted first floor office space, more specifically identified as Suites 100, 100A, 101, 102, 103, 104, 105, 106, 108, 108A, and Hallway (the "Leased Premises"), at Fort Worth Meacham International Airport ("Airport"). CSC No. 25588 shall hereinafter be referred to as the"Lease;" and B. WHEREAS, Lessor, through a month-to-month lease, currently leases eleven (11) tie down spaces; C. WHEREAS, Lessee wishes to extend the term of the Lease up to a five-year term and one 5-year option to renew in successive renewal terms of one year each and to include the tie-down spaces as part of the Leased Premises. D. WHEREAS, Lessor and Lessee now wish to amend the Lease to reflect the deletion of Suites 108 and 108A, and the addition of Suite 125 and existing Hallway to give the Leased Premises approximately (4,275) square feet and the addition of eleven (11) Tie Down Spaces . NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, Lessor and Lessee hereby agree as follows: CFW Meacham Airport American Flyers,Inc. Amendment No. 1 to CSC No.25588 Page f of 5 02-03-09 A09 : 01 IN Section L PROPERTY LEASED is amended to delete the section in its entirety and to add Section 1. PROPERTY LEASED as set forth below: Lessor hereby demises and leases to Lessee the following real property(hereinafter referred to as the "Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth,Tarrant County,Texas: 1.1 Four Thousand Two Hundred Seventy Five (4,275) square feet of carpeted first floor office space identified as Suites 100, 100A, 101, 102, 103, 104, 105, 106, 125 and associated Hallway, and depicted on Exhibit "A,"which is attached hereto, incorporated and made a part of this Lease for all purposes herein. 1.2 Eleven (11) Tie Down Spaces northwest of the Terminal Building, depicted on Exhibit `B", which is attached hereto, incorporated herein and made a part of this Lease for all purposes. 1.3 Lessee will have the right of first refusal to lease Suite 108 and 108A if the space comes available. Another entity is currently leasing this space. 2. Section 2. TERM OF LEASE is amended to delete the section in its entirety and to add Section 2. TERM OF LEASE as follows: The Initial Term of this Lease shall commence on the last date of its execution by all parties ("Effective Date") and expire at 11:59 P.M. on September 30, 2009. Unless terminated in accordance with the provisions of this Lease, this Lease shall automatically renew for successive Renewal Terms of one year each for up to five (5) years, with one five-year option of one year each (each year a "Renewal Term"), commencing at 12:00 A.M. on October 1St of each year and expiring at 11:59 P.M. the following September 30th; provided, however, that the rental rates for each Renewal Term shall be adjusted to comply with the rates prescribed for the Premises by Lessor's published Schedule of Rates and Charges in effect at the time. The renewal will be automatic, so long as Lessee is in CFW Meacham Airport American Flyers,Inc. Amendment No. I to CSC No.25588 Page 2 of 5 material compliance with this Agreement on said dates, and Lessor has not delivered to Lessee a notice of default under this Lease that remains uncured on or before such dates or which cannot and is not cured by Lessee within a reasonable time after such dates and unless the Lessee elects not to renew by giving Lessor at least thirty(30) days written notice prior to the expiration of the Initial Term. 3. Section 3.1 Rent During Initial Term is hereby deleted in its entirety and Section 3.1 is added to read as follows: 3.1 Rent During Initial Term. a. Lessee's rental rate for first floor office space shall be an annual rate of Sixty Six Thousand ,Six Hundred Ninety dollars and 001100 ($66,690.00), payable in equal monthly installments of Five Thousand Five Hundred Fifty Seven dollars and 50/100 ($5,557.50). b. Lessee's rental rate for tie down space shall be an annual rate of Ten Thousand Five Hundred Sixty dollars and 001100 ($10,560.00), payable in equal monthly installments of Eight Hundred Eighty dollars and 001100 ($880.00). 4. All other provisions and conditions of the Lease that are not expressly amended herein or directly in conflict with the provisions and conditions of this Amendment shall remain in full force and effect. [Signature Pages Immediately Follow] CFW Meacham Airport American Flyers,Inc. Amendment No. 1 to CSC No.25588 Page 3 of 5 IN WITNESS WHE +OF, the parties hereto have executed this Agreement in multiples on this the � day of 2009. CITY OF FORT WORTH: By: �YY) T.M. Higgins Assistant City Manager Date: 2131149 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 T.M. Higgins, 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 3 �gd day 200 . :iaSL N. ROSELLA BARNES "= MY COMMISSION ENPIRES March 31,2009 Notary Public in and for the State of Texas APPROVED AS TO FORM ATTEST: AND LEGALITY: f�\&aAuvwzj By: � �e By: Charlene Sanders Marty HeArfx Assistant City Attorney City Secretary Contract Authorization: M&C: — 231 UA Date Approved: b CFW Meacham Airport American Flyers,Inc. Amendment No. I to CSC No.25588 Page 4 of 5 AMERICAN FLYERS,INC.: ATTEST: By: l/ .� C By:_ R. Clark McCormack President Date: 1/2 —f STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared R. Clark McCormack, 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 American Flyers, Inc. and that s/he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 211 n day 2009. Notary Public in anN for the Stale of Texas CFW Meacham Airport American Flyers,Inc. Amendment No. I to CSC No.25588 Page 5 of 5 m z FFJ --I cn m Z: > z V) m Fll ------- X < m > m O -A 0 -A z VACANT -------- m < > -A Cl > ERIC H LICITERS rn r< I > -------- o Ln -q m US CU TOMS M22 > A 6L. > K AMER. FLYER m r --------- r z -n 3 3 -- r- I= m ------ lJ < > PRO TEST o 0 0 Q -------- UC > FORTWORTH CITY OF FORT WORTH AVIATION DEPARTMENT FORT WORTH MEACHAM,INTERNATIONAL AIRPORT �SM WYOFFORTWORTH 42N NORTH MNME� FORT�M,T�Ml 3 36 ! 1 w+ - "wY [ 14,0 � 3 r F m ;�W