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HomeMy WebLinkAboutContract 40221-M1 CITY C C . CSC# 40221 - Z) ORIGINAL MEMORANDUM OF GROUND LEASE STATE OF TEXAS § COUNTY OF TARRANT § This MEMORANDUM OF GROUND LEASE ("Memorandum"), is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation organized under the laws of the State of Texas, having an address at 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Lessor"), and TEXAS JET PARTNERS, L.P., having an address at 120 Aviation Way, and 116 Aviation Way, Fort Worth, Texas 76106 ("Lessee"). RECITALS: A. On May 13, 2010, Lessor and Lessee entered into a Ground Lease Agreement ("Agreement") for Lease Site 35N and 37N("Premises") at Fort Worth Meacham International Airport("Airport") in Fort Worth, Tarrant County, Texas. B. The parties have agreed to enter into this Memorandum for the purposes of recording notice of the Lease to protect the rights and interests of Landlord and Tenant as to third parties. NOW, THEREFORE, the parties hereby make the following declarations: 1. The parties to the Agreement are the City of Fort Worth as Lessor, and TEXAS JET PARTNERS, L.P., as Lessee. 2. The Premises consist of approximately 128,474 square feet of ground space situated at the Airport, as more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. 3. The term of the Agreement commences on May 13, 2010. The term of the Agreement is thirty (30) years, unless sooner terminated in accordance with the provisions of the Agreement. 4. Should Lessee perform and abide by all provisions and conditions of the Agreement, upon expiration of the Initial Term, Lessee shall have two (2) options to renew for an additional five (5) year term ("Renewal Term"). 5. Lessee has agreed, pursuant to the terms of the Agreement, to use and/or occupy the Premises solely for aviation-related purposes only and strictly in accordance with the terms and conditions of the Agreement. 6. In the event of any conflict or any inconsistency between the terms and provisions of the Agreement, on the one hand, az'd"''1116 t 'rir5s uric , r�7v. ions of this Memorandum, on the other hand, the terms and provision � iu �r� ° � all control. Nothing contained in this WY SECRE"T"IftAl"Y I' TwoRr'n , RECEIVED JUN 0 9'1014 Memorandum shall alter, modify or amend the provisions of the Agreement, which remains in full force and effect according to all of the terms and provisions thereof. 7. Additional provisions are as set forth in the Agreement, including, without limitations, provisions regarding ownership of improvements. 8. The person signing this Memorandum hereby warrants that he/she has the legal authority to execute this Memorandum on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Memorandum. [Signature Pages Follow] —IN WITESS WHEREOF,the parties hereto have executed this Mern.oraridurn on this the 0 2014. ........... 1,ESSOR: CITY OF FORT WORTH X41 By: Date: Fernando Costa, Assistant City Manager STATE OF TEXAS § COUN'I'Y 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 SE,'Al, OF OFFICE this day 2014. ..pmawM wm W W9m y i u Wm69m rm ap� mWU m VONIA o,ANIELS I a; NOR[;Put*c'state PAY cornriissloll 2017 glotary Pub7tic in and for the tate of Texas APPROVED AS TO FORM AND LEGAIJTY: By: Date: "'d ................... ................ .......... Charlene Sanders, Assistant City Attorney FO 000000 01 J. ity 7 �g' �v OFFICIAL RECORD 0 00mye.0 cal . (1113"ITSECRETARY NO M&C REQUIRED WORT141 TX ............... LESSEE: By: Date: Reed`? man, r. President STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reed Pigman, Jr., 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 PARTNERS, L.P. and that he executed the same as the act of TEXAS JET PARTNERS, L.P. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / day "-Mnel , 2014. mom ,MMISS40N EXPIRES %f =N .e MY C Mey 16 2019 '�'e1' Notary Public in and for the State of Texas P. N-N Z 0. Q 84 r4 --4 OZ 6 6 i', N. Ev I M� C, 0 N N N N nws yj E- z 2E r) na w co LU 6 a 0 M" w Do Ln 0 ry 69 P z M 2: CD tF 95,90, PQ E- 01-7614 W LU >- 'w Z' 0 ZP . ILX:3 Ld UTQr3r E OFFICE 1 11 m -t w S c a_ j 1w I w I - ZW C) rA I LA M Lj LJ M 0 9 1 i m w F3 0 > - is W. "j in .......... R tm A a > b ID z 'w'0 Ol z w m 0 U3 n Ora E. OFHCE '04 .4 r4 + 3: L E� W U Z rr U, ............. ,,4v 4V C; vs x FREE y ........ .... ................ .......................................... Exhibit "A" FORTWORTH FOR EA x SP STTV "351V" Being a parcel of land out of Block 1 and Lot A-1, Block 1,Meacham Airport Addition, according to plat recorded in Cabinet A, Slide 2446,Plat Records of Tarrant County,Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8"iron rod set with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"for the southwest corner of the herein described parcel and being in the easterly O.F.A.(object free area) line, all 5/8"irons set being so capped unless otherwise noted hereon; THENCE: North 08 degrees 45 minutes 49 seconds West, 188.33 feet to a 5/8"iron rod set for the northwest corner of the herein described parcel; THENCE: departing said line,North 88 degrees 33 minutes 46 seconds East,207.52 feet to a 5/8"iron rod set for the northeast corner of the herein described parcel; THENCE: South 01 degrees 54 minutes 49 seconds East, at 27.35 feet pass a 5/8"iron rod set, in all, 111.93 feet to a"+" cut on concrete retaining wall; THENCE: South 88 degrees 05 minutes t 1 seconds West, 5.0 feet to a 5/8" iron rod set; THENCE: South 01 degrees 54 minutes 49 seconds East, 51.74 feet to a 5/8"iron rod set for the most southerly southeast corner of herein described parcel; THENCE: South 81 degrees 14 minutes 55 seconds West,at 156.34 feet passing a '/z"iron rod found for the southwest corner of said Lot-Al,in all, 181.34 feet to the Place of Beginning, and containing some 0.785 acres (34,213 square feet) of land,more or less. Surveyed on the ground in January, February &March of 2010. Basis of Bearings: City of Fort Worth Integrated G.P.S.Network System,N.A.D. 83,North Central Texas Zone. Distances are ground measurements. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY of FoRr WORTH * 8851 Camp Bowie Blvd West * FoRT WORTH,`T`EXAS 76116 817 392-7925 * FAx 817-392-7895 Exhibit "A" In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(9), This "report"consists of the hereon real property description,and a Map of Survey being attached herewith. 467310F01 HKHSRC.doe j. UI TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ���,�o SURVEYING SERVICES THE CITY of FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH,TixAs 76116 817 392-7925 * Fax 817-392-7895 Exhibit "A" FORTWORTH Being a parcel of land out of Block 1 and Lot A-1,Block 1, Meacham Airport Addition, according to plat recorded in Cabinet A, Slide 2446, Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8"iron rod set with a red plastic cap stamped"CITY OF FT. WORTH SURVEY DIVISION"for the most northerly northeast comer of the herein described parcel, all 5/8" irons set being so capped unless otherwise noted hereon; THENCE: South 07 degrees 07 minutes 33 seconds East, 34.98 feet to a 5/8" iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY SECTION"for the most southerly southwest corner of Westgrove Asset Management Lease Site according to City Secretary Contract No. 33517; THENCE: North 81 degrees 18 minutes 28 seconds East, 9.80 feet to a 5/8"iron rod set at the beginning of a non-tangent curve to the left having a radius of 315.23 feet; THENCE: with said curve left,through a central angle of 58 degrees 58 minutes 14 seconds the long chord of which bears, South 48 degrees 09 minutes 03 seconds East, 310.31 feet, and arc distance of 324.44 feet to a 5/8" iron rod set at its end; THENCE: departing said curve, South 13 degrees 21 minutes 15 seconds West, 8.90 feet to a 5/8"iron rod found with a red plastic cap stamped"CITY OF FT. WORTH SURVEY SECTION",for the most southerly southeast corner of Lot A-1,Block 1,of said plat; THENCE: South 81 degrees 14 minutes 55 seconds West,219.02 feet to a 518"iron rod set for the southeast corner of Texas Jet Lease Site; THENCE:North 01 degrees 26 minutes 14 seconds West, 95.90 feet to a 5/8"iron rod set for its northeast corner; THENCE: with the north line of said Texas Jet Lease Site, South 88 degrees 33 minutes 46 seconds West at 300.0 feet pass its northwest corner, in all,311.29 feet to a 5/8"iron rod set; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WoRm * 8851 Camp Bowie Blvd West * FoRr WORTH,TExAs 76116 817 392-7925 * FAx 817-392-7895 Exhibit "A" THENCE:North 01 degrees 54 minutes 49 seconds East, 27.35 feet to a 5/8"iron rod set; THENCE: South 88 degrees 33 minutes 46 seconds West, 207.52 feet to a 5/8"iron rod set for the most westerly southwest corner of the herein described parcel; THENCE:North 08 degrees 54 minutes 49 seconds West, 94.44 feet to a 5/8"iron rod set for the northwest corner of the herein described parcel; THENCE:North 81 degrees 13 minutes 18 seconds East, at 25.0 feet passing a 5/8" iron rod set for the southwest corner of Lease 38N, in all, 515.75 feet to the Place of Beginning, and containing some 2.164 acres(94,261 square feet)of land,more or less. Surveyed on the ground in January,February&March of 2010. Basis of Bearings: City of Fort Worth Integrated G.P.S.Network System,N.A.D. 83,North Central Texas Zone. Distances are ground measurements. In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(9), This"report"consists of the hereon real property description, and a Map of Survey being attached herewith. 467310E01 HKHSRC.doe 1.- �7 ./VIZ TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH,TEx is 76116 817 392-7925 * FAx 817-392-7895