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HomeMy WebLinkAboutContract 35740-M1 CITY SECRETARY C ORIGINAL MEMORANDUM OF UNIMPROVED GROUND LEASE STATE OF TEXAS § COT.JNTY 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 woo Throckanorton Street, Fort Worth, 'Texas 76102 ("Lessor"), and TEXAS JET PARTNERS, L.P., having an address at 240 Aviation Way, and 229 Aviation Way, Fort Worth, Texas 76106 ("Lessee"). RECITALS. On September 4, 2007, Lessor and Lessee entered. into a Unimproved Ground Lease Agreement ("Agreement") for Lease Site 34N ("Premises") at Fort Worth Meacham International Airport("Airport") in Fort Worth, Tarrant County, 'Texas. B. The parties have a11reed to enter into this Memorandum for the purposes of recording notice of the Lease to protect the rights and interests of Landlord and,renant as t o t hird 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 I.,essee. 2, The Premises consist: of approximately 34,290 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 to of the Agreement commences on September, 4, 2007. The to 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 Terri, Lessee shall have two (2) options to renew for an additional five (5) year to ("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 eve inconsistency between the terms and provisions of the Agivement, o terms and provisions of this Mernorandum, on the other F'r. WORTH, -r,,XI RECEIVED JUN 0 9 2014 hand, the terms and provisions of the Agreement shall control. Nothing contained in this 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 WIT 7W S WHEREOF,the parties hereto have executed this Memorandum on this the —..,,da.v of 20140 LESSOR: CITY OF FORT WORTH By: ............ Date: Fernando Costa, Assistwit City Manager STATE OF TEXAS § COTJNTY'OF TARRANT § I BEf,ORE 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. GIVI,,.,N UNDER MY BAND AND SEAL OF OFFfCE this day IVEN UNDER .............. ............ EVONIA DZIELS; 14otary Public,State of Texas My CommsMon Expkes Aily 10, 2017 pub and 4h 11111111`116.1� I otary Public in and for ft State of Texas .............. .............. APPROVED AS TO FORM AND LEGALITY: By: Date: Charlene Sanders, Assistant City Attorney 'f QRr AU00d 0 OFFICIAL RECORD "IC 47ECORD �n t� CITf SECRETARY FT,WORTH,TX RE4QUIRI-3-D R LESSEE: By: Date: Reed Pi an, Jr. f f President STATE OF T § 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 52014. LESAMOKE Notary Public in and for the State of Texas MY COMMISSION EXPIRES '' May 18,2018 ~ � ` . ^ cn Lj cr- Lj LL Lij LL LL- co C14 N I'd CO no - Poo 95 11 ZW ul o o VWI co sz rx CL ww N 01'25'08"W CZ CA w co � < ` EXHIBIT "A" LEGAL DESCRIPTION BEING 34,290 square feet of land located in the S.A. & M.G. RAILROAD COMPANY SURVEY, Abstract No. 1464, Tarrant County, Texas, and being a portion of the Fort Worth Municipal Airport, Meacham Field, as conveyed to the City of Fort Worth by the deeds recorded in Volume 1074, Page 498, Volume 4958, Page 636, and Volume 1910, Page 561 of the Deed Records of Tarrant County, Texas. Said 34,290 square feet of land being more particularly described using the North Central Texas State Plane Coordinates NAD 27 datum, as follows: BEGINNING at a point having a Texas State Plane Coordinate of X = 2,043,528.01, and Y = 421,484.86; THENCE N 01° 25' 08"W 51.79 feet, to a point having a Texas State Plane Coordinate of X = 2,043,526.64, and Y = 421,536.64 THENCE N 880 34' 52" E 4.00 feet, to a point having a Texas State Plane Coordinate of X= 2,043,530.73, and Y=421,536.74; THENCE N 010 25' 08" W 80.00 feet, to a point having a Texas State Plane Coordinate of X = 2,043,528.74, and Y= 421,616.71; THENCE N 880 34' 52" E 300.00 feet, to a point having Texas State Plane Coordinate of X= 2,043,828.65, and Y= 421,624.14; THENCE S 010 25' 08" E 95.90 feet, to a point having Texas State Plane Coordinate of X = 2,043,831.03, and Y = 421,528.27. THENCE S 81° 50' 50"W 306.11 feet, to THE PLACE OF BEGINNING, containing 34,290 square feet of land. v doGAega is O70727SAMGRRCa1 B,17B