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Home My WebLink AboutContract 33940-A2CSC No. 33940-A2 AMENDMENT NO.2 CITY SECRETARY CONTRACT NO. 33940 FORT WORTH SPINKS AIRPORT GROUND LEASE AGREEMENT LEASE SITE E-12 This AMENDMENT NO.2 ("'Amendment") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal corporation acting by and through Valerie Washington, its duly authorized Assistant City Manager, and CLIFF MILLICAN ("Lessee"), an individual. RECITALS WHEREAS, on July 18, 2006, through Mayor and Council Communications ("M&C') C-21574., City Council authorized execution of City Secretary Contract ("CSC") No. 33940, dated August 30, 2006,., a Ground Lease Agreement for the lease and use ofreal property known as Lease Site E-12 with mandatory. improvements, which consists of approximately 22,400 square feet ("Leased Premises") at Fort Worth, Spinks Airport ("Airport"). The Lease is a public document onRe in Lessor's City Secretary's Office and are incorporated herein for all purposes; WHEREAS, on November 7, 2006, through M&C C-21822, City Council authorized execution of CSC 34301, Amendment No. 1 to CSC 33940, which replaced Exhibit A, the revised lease survey to show the corrected Iease boundaries; I WHEREAS, the Lessee requires more space in order to properly conduct business at their leased premises; WHEREAS, Lessor and Lessee now intend to amend CSC 33940, Section 1 "Property Leased" to increase the,leased ground space from 22,400 square feet to 62,615 square feet, Section 3.1, "Rates and Adjustments", and Exhibit A, the lease survey; '' AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The Agreement is hereby amended by deleting Section 1, `Property Leased" in its entirety and replacing it with the following: 1. PROPERTY LEASED. Lessor hereby demises to Lessee 62,615 square feet of unimproved ground space at Fort Fort Worth 5pinks Airport Clifhoican I OFFICIAL RECORD AmendmentNo.2 toCSCNo. 33940 CITY SECRETARY Page lof6 FT. WORTH, TX Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas, as identified as Lease Site E-12 ("Premises'), as shown in Exhibit "A", as revised, attached hereto and hereby made a part of this Lease for all purposes. 2. The Agreement is hereby amended by deleting Section 3.1, `Rates and Adjustments" in its entirety and replacing it with the following: 3.1. Rates and Adiustments The rental rates under this Lease are based on Lessor's current published Schedule of Rates and Charges. Rental rates are subject to increase beginning October 1, 2025, and on October 1 st of any subsequent year during the Initial Term, to reflect any upward change in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as announced by the United States Department of Labor or successor agency (i) for the first increase, since the Effective Date of this Lease and (ii) for each subsequent increase, since the effective' date of the last increase; provided, however, that Lessee's rental rates shall not exceed the then -current rates prescribed by Lessor's published Schedule of Rates and Charges for the type or types ofproperty similar to the type or types of property that comprise the Premises. 3.1.1 Ground Rate Lessee shall commence the payment of rent for the Ground Space on the Effective `. Date. Lessee hereby promises and agrees to pay Lessor, as annual rent for the' Ground Space, Nineteen Thousand Four Hundred Ten Dollars and 65/100� ($19,410.65), at a rate of Thirty -One cents ($0.31) per square foot, payable in equal i monthly installments of One Thousand Six Hundred Seventeen Dollars and 55/100 ($1,617.55). 3. The Agreement is hereby amended by deleting Exhibit A, "Lease Survey", of the Agreement in its' entirety and replacing it with the following: Fort Worth Spinks Airport Cliff Nuiean Amendment No. 2 to CSC No. 33940 Page 2 of 6 EXHIBIT "A" LEASE SURVEY LEGAL LAND DESCRIPTION LEASE SITE BEING a po+t€on of that ce ta:n aact of land in the Hiram Uttle Survey, Abstract No, 930, CRY or Forth Worth, Tarrant County, Texas, described as Block 5, Fort Worth Soinks Airport (hereinaf% referred to as Block 5), an additlan to the City of Fort Wo+th, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 353, Mat Records, Tarrant County, Texas, and being more particularly described, by metes and bounds, a5 follows: COMMENCING at a one-half ir+cn iron rod found for n? NartYrrast corner of said Block 5, saint bung in V-* Wit line of that certain tract of Band desoibed as Tract I In a Special 1Nairanty Deed to Paslay Vem7urrs, INC. (h qir inafte - referred to as Tract I), as recorded it I; 5trumtttt Number D218247486, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.); THENCE South 24 degrees 06 minutes 33 seconds West, a dis'ance of 998.03 feet to a flee -eighths inch iron rod with plastic cap stamped "BANNISTER ENGINEERING FIRM-10193823- set for a point in the Wes: line of a Lease 20E, Prepared by Marshall Lancaster & Assoc€ales, Inc., dated December4, 2014, same being the PLACE OF BEGENINING; THENCE South 00 degrees Ss minutes 23 seconds West with the West I ne of said Lease 20E, a distance of 182.30 feet to a five -eighths inch iron Prod with plastic cap stamped "BANNISTER ENGINEERING FIRM-10193823" set for comer; THENCE South 89 degrees 24 m€nuttG 48 seconds West, departing rtre Wass line of said Lease 20E, a distance of 339.10 feet to a fivt-eighths inch 1w. rod wtt* plastic cap stamped "BANNISTER ENGINEERING FIRM-10193823" set for comer; THENCE North 00 degrees 18 minu-,ss 15 seconds ~Vest, a distance of 186.D8 feet to a five-r�tghths inch iron rod Wth plasc cap stamped "BANNISTER ENGINEERING FIRM-10193823" set for comer; THENCE South 89 degrees 56 rninutes 52 seconds East, a distance of 340.83 fret to the PLACE OF BEGINNING, ar`d Containing a calculated area of 1,437 acres (62,615 square feet) of land. FORT WORTH FORT WORTH SPINKS AIRPORT LEASE SITE PORTION OF BLOCK 5 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS I'-OBANNISTER '"MEN GI NEERI N G .. %t— macs tow I! axrec. n rem t I iz..&u_%M l e. tie:ws rm WMM 19 47 .N-Xl I Ll I GN,1 l/: I }AMA ty. S.k I U'.KAE h: 11S B:',clivrtr&r503 (Cliff M4kw)1,503 -24-001(H tgr Lot 5 " WY 5Ri:s; Ai"Pod)S` r llW3 24-001 Sjv" B.ae.duy 1GM2024 2,29:21 PM Fort worth Spmks Airport Cliff Millican Amendment No. 2 to CSC No, 33940 Page 3 of 6 v s�raa a� TAxnwYCWSUNE S5MPE PLACE OF COl�S � >�M�L REMAINDER l}F8L[7(](5 .mswsraaaRurlwx+as, !0 EHGIYPFR;I:G IRT Nw IRTH SPIN16 gWPe MiT aver rueXrw FRB;' A�Rf1R FiRfMkDk93F23' 5!CABINET A, 5LmE 353, PA-T.C.T.w fl TaT v P[s[re �xr�xnuer na i CASU&T k ern. Rk-f TO SPINKS CONTROL to p BESETraNAG MkM r-Four+o sta' OUMED F T1 ol�� Id MONLOIENT NO. 3 - - -� -fi ROD SA!. Ws 1w j k la4'S tl N87" 51' 44-W I r CON RM PAYEMEIr - I zao6.42'(} +I ` El SW 54F 527E 340M PL k��Ams rcf' cSi o1 ± PLACE OF BEG1Np, GJ ` LC --��I 1403 I # /0*-. kMN' LFA5Eb1ESTAMPED-awkil 2D1 —rEDDECEMU4014L� r ]' SE SITE `refs ►� 28.76 1.437 ACRES OR } J ,Lpv�Ql o I METAL HAFCF7r N _ 62,615 SQUARE FEET A h o< R &V"It)N Pe NiTte )W OF 5V" 5 44 v FORT We tRTH SPINKS AIRFK rRT CABINETA, SLIDE 353. P.R.T.C.T. `a REMAINDER a W I I 9t a A t rCIG 5 AIRPORT CONTROL MONUMENT id en R rRT VW NRTW I _ NGS MONUMENT N0.482@OB 6 i SPTNKS AIRPnRT 1 E- N: 6,590.34-1.76 °C ' CABIINET� 20, 140.3' SLIDE I� ay E: L33d,118.7B d P.R.T.GT. GDtVk&nals +�+ �rz � CONCRETE PAYEf1EhT ].0 mrdw.ad hv:gsAw..^rr•w +TAXEWAY 1Jc` ga f Tb$PINKS < LRVEFIED T—C—&� S + %. M(7Blt}Tow V reO,yUMF - PETROLELM t �rd.c+m:} A6 -�--.Amrn.�,..�—' Cdu TANK ONCOa FI.ECTRIL Aais.d _rJmarv�,e Dodd. N84� 04' 59 DELWY CONPAXV % {sTArnREC enM es ek 2820.48'IGFID :.ram w:s�.....s,-,.6,» lJt vAULT "P �/' EkQALrEAiNG FDw-}019j82]• 3 ��---r _ iF1F'.�/rTS 9'w"�Nadrrr furAae a:r. , N/6rse]oroonAAlEsmBr -9 Q"- tiSEr SW CAPPED IRON Roo STAMPED 569" 24' 48"1Y 339.10' TEKAS H,a �11'.B;T]RAL a *r "ORMSTEt ENQIEE tING $ REiMIH®ER OF MOClf S a rx avuT� �9 F +to193R2VRM FORT NAKRTH SPINKS + �q� rarplgenayomw-�srsTa�;rn11 L n. AIRP(.IRT '_.n1n7t4l g TEW-#*7 aw-oxzm 'l M• '-` n 1 S h tow n.ezvATm r CABiNETA. SUM 353, f' LEGEND a'L'S,I+I6 N' 3.06 i} i,_ f.. P.R.T.C.T. ,.ucT�.r :srTa.. crruceecrrr5€ r+pwr mam.+>:r:�s T t_ P�..•'i - :'I';. -t i . _ l AXTWAY �WOORLINE GEN TAgWAY 1i3tL9E'TWPE s1rC.M.T am nrklR llriL HwtlBTr AnTr. Tl1a, 2 WATmvkv4 fA Tn'Ru�ru�vk� E FORT WURT r+IcruREL &: szURGOT ❑ uTe . E ; r E rrrxuv E] ,a n wa uu. u n . [eeFia A r — smn 4418,_ r BANNISTER FORT WORTH SPINKS AIRPORT I: its LEASE SITE _ ENGINEERING g PORTION OF BLOCK 5 10 r va d"I w AQ Tx TM I &V4U-' j BL7.6R.M 6. m CITY OF FORT WORTH, TARRANTCOUNIY, TEXAS J "']rover.:ass3e ld/tf9/2R124 N.kex tp. �Yx905 I � :1r9��2{ I Pye' x d: 16rrn Ar SA I Gywua �: N5 Fort Worth Spinks Airport Cliff i+Mican Amendment No. 2 to CSC No. 33940 Page 4 of 6 a. All other terms and conditions of the Lease shall remain in full force and effect. 3. The statements set forth in the recitals above are true and correct and form the basis upon which Lessor and Lessee have entered into this Agreement. The Lease is a public document on file in Lessor's City Secretary's Office and is incorporated herein by reference for all purposes. 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. [Signatures on Following Pages] Fort Worth Spinks Airport Cliff NUican Amendment No. 2 to CSC No. 33940 Page 5 of 6 r IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of , 2024. CITY OF FORT WORTH: I '4� By Valerie Washington (Dec 16, 202409:09 CST) Valerie Washington Assistant City Manager Date: Dec 16, 2024 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 Valerie Washington, 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 , 2024. Dec'16, 2024 ANGELA D. CHRSP n Notary Public �y/�►� STATE 01 TEXAS Texas v " Notary I.D. 1348'2., 'F OFP My Comm. Exp. Mar. 18, 2028 APPROVED AS TO FORM AND LEGALITY: Candace, Faal/ara By. Candace Pagliara (Dec 13, 2)02413:21 CST) Candace Pagliara Assistant City Attorney M&C: 24-1124 Approval Date: 12/ 10/2024 Form 1295: N/A Fort Worth 5pinks Airport Cliff muicaa Amendment No. 2 to CSC No. 33440 Page 6 of 6 Notary Public in and for the State of an ATTEST: 4F poq pro °r.10 �I /, pdaaaan °�ap54b� By: Jannette S. Goodall Ike. City Secretary KC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Barbara Goodwin Real Property Manager 1111 IN ' iI'h 1A -4- Roger Venables Aviation Systems Director [Signatures on Following Pages] Fort Worth Spinks Airport Cliff N illicau Amendment No. 2 to CSC No. 33940 Page 7 of b LESSEE: CLIFF MILLICAN Cliff Mi an Date: STATE OF TEXAS COUNTY OF TARRANI' § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Cliff Millican, known to me to be the person whose name is subscribed to the foregoing instniment, and acknowledged to me that the same was the act of Cliff Millican and that he executed the same as the act of Cliff Millican for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z day 1�! n vC M �tk - 2024. �/l' a dA .l 7 State M£GHAN RODRIGUEZ No Pu Tex c in and far the ': Notary Public, State of Texas e= Comm. Expires 08.08.2028 Notary ID 135032523 Fort Worth Spinks Airport Cliff Millican Amendment No. 2 to CSC No. 33940 Page 8 of b M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FORTWORTH Create New From This M&C DATE: 12/10/2024 REFERENCE **M&C 24- NO.: 1124 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: 55FWS CLIFF MILLICAN_LEASE SITE E-12 LEASE AMEND NO. 2 NO SUBJECT: (CD 8) Authorize Execution of Amendment No. 2 to City Secretary Contract 33940, a Ground Lease Agreement Known as Lease Site E-12 with Cliff Millican to Include an Additional 40,215 Square Feet of Ground Space Adjacent to Lease Site E-12 Located at Fort Worth Spinks Airport RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2 to City Secretary Contract 33940, a ground lease agreement known as Lease Site E-12 with Cliff Millican to include an additional 40,215 square feet of ground space adjacent to Lease Site E-12 at Fort Worth Spinks Airport. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to recommend that the City Council authorize execution of Amendment No. 2 to City Secretary Contract (CSC) 33940, (as amended), a ground lease agreement known as Lease Site E-12 with Cliff Millican to include an additional 40,215 square feet of ground space adjacent to Lease Site E-12 at Fort Worth Spinks Airport. On July 18, 2006, through M&C C-21574. City Council authorized execution of City Secretary Contract No. 33940, dated August 30, 2006, a ground lease agreement for the lease and use of real property known as Lease Site E-12 with mandatory improvements, which consists of approximately 22,400 square feet (Leased Premises) at Fort Worth Spinks Airport (Airport). On November 7, 2006, through M&C C-21822, City Council authorized execution of CSC 34301, Amendment No. 1 to CSC 33940, which replaced Exhibit A, the revised lease survey to show corrected lease boundaries. Lessee and Lessor now wish to amend the lease to include 40,215 of ground space adjacent to Lease Site E-12 for the purpose of accommodating increased aircraft maintenance business activity. The additional 40,215 square feet will amend the total ground space leased from 22,400 to 62,615 square feet. Annual revenue generated from the ground space of the amended lease is $19,410.65, which will be payable in monthly installments of $1,617.55. The lease expires on October 31, 2036 with two (2) additional options to renew for five (5) years each. On October 1 of any given year, rental rates shall be subject to an increase based on the upward percentage change in the Consumer Price Index for the Dallas -Fort Worth Metropolitan area. At no time will the adjusted rate exceed the rate that is current in the Schedule of Rates and Charges. All terms and conditions of the lease agreement will be in accordance with City of Fort Worth and Aviation Department policies. ADVISORY BOARD APPROVAL: On October 17, 2024, the Aviation Advisory Board voted to recommend that the City Council approve this action. Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council_packet/mc review.asp?ID=32830&councildate=12/10/2024 12/13/2024 M&C Review Page 2 of 2 The Director of Finance certifies that upon approval of the above recommendation and execution of the lease, funds will be deposited into the Municipal Airport Fund. The Aviation Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. TO Fund Department I Account Project Program I Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office by Oriainatina Department Head: Additional Information Contact: ATTACHMENTS FID TABLE.xlsx (CFW Internal) Location Map E-12.Ddf (CFW Internal) Valerie Washington (6199) Roger Venables (5402) Ricardo Barcelo (5403) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32830&councildate=12/10/2024 12/13/2024