HomeMy WebLinkAboutContract 25667-A2 CITY SECRETARY
RENEWAL AGREEMENT CONTRACT NO,
CITY SECRETARY CONTRACT NO. 25667
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TANK FARM LEASE AND PUBLIC FUELING AGREEMENT
FUEL FARM SITE NO. 3
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 RICHARDSON AVIATION ("Lessee"), acting by and through Mark A. Byrd,
its duly authorized Director of Aviation.
Recitals
The following statements are true and correct and form the basis of this Agreement:
A. Pursuant to the terms and conditions of City Secretary Contract (CSC) No. 11142,
as amended, Lessee is authorized to operate as a Fixed Base Operator ("FBO") at Fort Worth
Meacham International Airport ("Airport").
B. Lessor and Lessee previously entered into CSC No. 25667 (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 March 8, 2000 and expired on September 30, 2004.
C. The Lease provides that Lessee shall have the right to renew the Agreement for
two additional terms of five (5) 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 (5) years commencing October 15, 2004 and expiring September 30, 2009.
D. 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 October 1, 2009 and expiring on September 30, 2014.
2. Section 3.3 `Fuel Flowage Fees' of CSC No. 25667 is hereby repealed and deleted in its
entirety and replaced with the following:
1
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 Effective Date of this
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 WHEREOF, the parties hereto have executed this Agreement in multiples on this
the R FC day of MQv QJ,— , 20L.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: 3430
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 r� day
�ONIA DANIELS
MY COMMISSION EXPIRES
e'j i+lFr.F•,•y+w.� July 10,2013
otary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
�A
By:(�lCd0,, . . 11 By:
Charlene Sanders Marty Hend
Assistant City Attorney City Secretary
M&C:
3 \,
y
RICHARDSON AVIATION: ATTEST:
By: Bye
Name:'Mark A. Byrdl
Title: Director ofAviation
Date: -'�J )U
STATE OF TEXAS §
COUNTY OF1JAAh&A--1-- §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Mark A. Byrd, 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
Richardson Aviation and that he executed the same as the act of Richardson Aviation for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day
r �tu-+C-&jq , 20/0 .
STiNTE OF TEXAS Notary Public in and for the State 6dexas
My coda*.ft 12-01 tiO11
4
Pagel of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/6/2009
DATE: Tuesday, October 06, 2009 REFERENCE NO.: **C-23829
LOG NAME: 55RICHARDSON TANK AND FUEL FARM
SUBJECT:
Authorize Execution of the Second Five Year Lease Renewal Option of City Secretary Contract No. 25667
with Richardson Aviation, for Tank Farm Lease and Public Fueling Agreement, Fuel Farm Site No. 3 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. 25667 with Richardson Aviation for Tank Farm Lease and
Public Fueling Agreement, Fuel Farm Site No. 3 at Fort Worth Meacham International Airport.
DISCUSSION:
Lessor and Lessee previously entered into City Secretary Contract(CSC) No. 25667, (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 March 8, 2000, and expired on September 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 October 15, 2004, and expiring
September 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 October 1, 2009, and expiring on
September 30, 2014.
This Agreement is based upon the rates and charges schedule for fuel farms and fuel flowage.
Richardson Aviation will pay $370 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 this action will have no material effect on City
funds.
FUND CENTERS:
http://apps.cfwnet.org/ecouncil/printmc.asp?id=123 93&print=true&DocType=Print 11/18/2009
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TO.Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Carl Smart (6525)
Originating Department Head: Kent Penney (5403)
Additional Information Contact: Diana Lama (5409)
ATTACHMENTS
No attachments found.
http://app s.cfwnet.org/ecouncil/printmc.asp?id=12393&print=true&DocType=Print 11/18/2009