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HomeMy WebLinkAbout048151-R1 - General - Contract - Patricia Byam dba Byam Propeller Service, Inc.CSC No. 48151-R1 FIRST RENEWAL FOR CITY SECRETARY CONTRACT NO. 48151 FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 7S This FIRST RENEWAL TO CITY SECRETARY CONTRACT NO. 48151 ("RENEWAL") 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 PATRICIA BYAM d/b/a BYAM PROPELLER SERVICE, INC. ("Lessee"), a Texas Corporation, acting by and through PATRICIA BYAM its duly authorized President, or their legal designee, each individually referred to as a "party" and collectively referred to as the "parties." RECITALS The following statements are true and correct and form the basis of this Agreement. WHEREAS, on September 6, 2016, Patricia Byam (dba) Byam Propeller Service, Inc. ("Lessee") and the Lessor entered into City Secretary Contract ("CSC") No. 48151, a ten (10) year Hangar and Ground Lease Agreement known as Lease Site 7S at Fort Worth Meacham International Airport ("Airport"), consisting of 36,000 square feet of ground space ("Ground Space"), including a 14,600 square foot hangar ("Hangar") expiring on August 31, 2026 ("Lease"); WHEREAS, the Initial Term of the Lease expires on August 31, 2026, with two (2) options to renew at ten (10) years each with a requirement that upon exercising each renewal, the hangar rate shall automatically be adjusted to equal the then appraised Fair Market Value; WHEREAS, On or about March 10, 2026, Patricia Byam executed a Power of Attorney designating James S. Byam as her legal agent for Byam Propeller Service, Inc.; and WHEREAS, the Lessor and Lessee now wish to exercise the first renewal term provided under the Lease. 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 Lease is hereby renewed and extended for the first permitted renewal term of ten (10) years, commencing on September 1, 2026, and expiring at 11:59 PM on August 31, 2036. 2. In accordance with 3.2.3. "Ten -Year Adjustments, Hangar Rate," in the Lease, the new hangar rate of $6.00 per square foot or Eighty -Seven Thousand Six Hundred Dollars and 00/100 Port Worth Meacham International Airport Byani Propeller Set -vices, Inc. Renewal Option No. l to CSC No. 48151 Pagel of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ($87,600.00) per year, payable in monthly installments of Seven Thousand Three Hundred Dollars and 00/100 ($7,300.00), will be added as part of the rent under the Lease in addition to the already established ground rate of $.49 per square feet or Seventeen Thousand Six Hundred Forty Dollars and 00/100 (17,640.00), payable in monthly installments of One Thousand Four Hundred Seventy Dollars and 00/100 (1,470.00). The hangar rate is commensurate with the appraised fair market value as reported by a licensed third -party appraiser. 3. All other terms and conditions of the Lease shall remain in full force and effect. 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. [Signature Pages Follow] Port Worth Meacham International Airport Byam Propeller Services, Inc. Renewal Option No. 1 to CSC No. 48151 Page 2 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the 18th day of August , 2026. CITY OF FORT WORTH: Valerie Washington (Aug 18, 2026 14:20:06 CDT) By: Valerie Washington Assistant City Manager Date: 08/18/2026 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 18th August APPROVED AS TO FORM AND LEGALITY: By: Candace Pagliara (Aug 18, 2026 1 9:20 CDT) Candace Pagliara Assistant City Attorney M&C: C-27880 Approval Date: 08/23/2016 1295 Certificate No. 2016-90317 Fort Worth Meacham International Airport Byam Propeller Services, Inc. Renewal Option No. 1 to CSC No. 48151 Page 3 of 6 2026. day Notary Public in and for the State of Texas Q<,FV P66 ANCELA D. CHRISP * Notary Public STATE OF TEXAS v Notary I.D. 134812443 9�01 M Comm Exp. Mar. 18, 2028 o FFoier�aA ATTEST: Qda4 nEoopas�b By: Jannette S. Goodall 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. SaA,�aAe- '?e� Barbara Goodwin Real Property Manager LESSEE: ATTEST: PATRICIA BYAM or JAMES S. BYAM d/b/a BYAM PROPELLER SERVICE, INC. By: By: Date: �J— 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 PATRICIA BYAM or JAMES S. BYAM 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 BYAM PROPELLER SERVICE, INC. and that s/he executed the same as the act of BYAM PROPELLER SERVICE, INC. for the purposes and consideration therein expressed and in the capacity therein stated. G N UNDER MY HAND AND SEAL OF OFFICE this day Ll 12026. ------------ SUNI DENNIS Notary ID #135539209 My Commission Expires 'for November 11, 2029 Fort Worth Meacham International Airport Byam Propeller Services, Inc. Renewal Option No. I to CSC No. 48151 Page 4 of 6 (U Notary Public in and for the State of Texas City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2016 DATE: Tuesday, August 23, 2016 REFERENCE NO.: ' C-27880 LOG NAME: 55FTW 7SHANGAR BYAMPROPELLER SUBJECT: Authorize Execution of a Hangar and Ground Lease Agreement with mandatory Improvements with Byam Propeller Services, Inc., for Lease Site 7S at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City COUnCII authorize the execution of a Hangar and Ground Lease Agreement with mandatory improvements, with Byam Propeller Services, Inc., for Lease Site 7S at Fort Worth Meacham Intemational Airport. DISCUSSION: On March 7, '1995, mayor and COL11161 Communication (m&C C-14713) the City COUnCII authorized City Secretary Contract No. 21016, a Consent to Assignment Agreement with Byam Propeller Service, Inc. (Byam), for Lease Site 7S at Fort Worth Meacham International Airport. This Lease expired on N-lay 3I, 2016 and is now on a month -to -month tenancy. Byam has agreed to execute a new 10-year Lease Agreement for Lease Site 7S. The Lease Site is comprised of approximately 36,000 square feet of ground space and includes a 14,600 square foot hangar. Staff requests that the City Council authorize the execution of a Hangar and Ground Lease Agreement for an initial term of 10 years, to commence on September 1, 2016 and expire on August 31, 2026. The Lease will include two five-year options to renew for an additional 10 years, bringing the total Lease term to 20 years. The total revenue received from this Lease will be approximately $42,880.00 annually or $3,573.33 per month. These revenues are based on a hangar rate of approximately $2.00 per square foot and a ground rental rate of $0.38 per square foot, in accordance with the Aviation Department's Schedule of Rates and Lessor's market analysis. Rental rates shall be subject to an increase on October Ist of any given year, 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. Five-year rate adjustments will apply for the ground rate starting on October 1, 2021 and every fifth year thereafter. The hangar rate will be adjusted every 10 years during the lease term, equal to the then Fair Market Value, as determined by the Lessor's market analysis. ADVISORY BOARD APPROVAL - On July 21, 2016, the Aviation Advisory Board voted to recommend that the City Council approve this lease Agreement. Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2. Foil Worth Meacham International Airport Byam Propeller Services, Inc. Renewal Option No. I to CSC No. 48151 Page 5 of 6 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the Aviation Department is responsible for the collection and deposit of funds due to the City. Upon receipt, these funds will be deposited into the Municipal Airports Fund, Hangar Lease Revenue ACCOUnt, which has total estimated revenue in Fiscal Year 2016 of $1,062,505.00 and year receipts of $840,693.90. The Ground Lease Revenue Account, which has total estimated revenue in Fiscal Year 2016 of $1,646,774.00 and year-to-date receipts of $1,285,188.62. FUND IDENTIFIERS (FIDs): TO __ rund,1 Department ccount Project iProgram�4ctivity Budget Reference # moun ID ID J Year Chartfield 2� FROM _ Fund Department' ccoun Project IProgram'ActivityBudget I Reference-# 7 mount i ID - ID Year 1 JChartfield 21 _ __I CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Form 1295 Bvam Prooeller.ndf (Public) 2. Lease Site 7S.Ddf (Public) Fort Worth Meacham International Airport Byam Propeller Services, Inc. Renewal Option No. 1 to CSC No. 48151 Page 6 of 6 Fernando Costa (6122) Bill Welstead (5402) Jeff Kloska (5406) Anne -Marie Stowe (5415) FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Byam Propeller Service, Inc Subject of the Agreement: First Renewal for Contract 48151 between the City of Fort Worth and Byam Propeller Service, LLC at Fort Worth Meacham International Airport, Ground/Hangar 7S Lease Agreement. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 9/1/2026 Expiration Date: 8/31 /2036 If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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