HomeMy WebLinkAboutContract 34065-A2 CITY SECRETARY ;
CONTRACT NO.
AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 34065
FORT WORTH SPINKS AIRPORT
UNIMPROVED GROUND LEASE AGREEMENT
LEASE SITE W-6
13745 WING WAY
This AMENDMENT NO. 2 TO CITY SECRETARY CONTRACT NO. 34065
("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 Fernando Costa,
its duly authorized Assistant City Manager, and SPINKS WEST SIDE ASSOCIATES, LLC
("Lessee"), a Texas limited liability company, acting by and through Darrell Clendenen, its duly
authorized Manager.
A. WHEREAS, on or about September 29,2006, Lessor and Lessee entered into City
Secretary Contract ("CSC") No. 34065, an unimproved ground lease agreement with mandatory
improvements for four (4) parcels identified as 13601 Wing Way, Twenty Six Thousand Four
Hundred (26,400) square feet; 13655 Wing Way, Forty Two Thousand (42,000) square feet;
13701 Wing Way, Forty Two Thousand (42,000) square feet; and 13745 Wing Way, Thirty One
Thousand Two Hundred (31,200) square feet (the "Leased Premises"), at Fort Worth Spinks
Airport("Airport"). CSC No. 34065 shall hereinafter e referred to as the "Lease"; and
B. WHEREAS, on or about May 27, 2008, the Fort Worth City Council approved
Amendment No.1 to CSC No. 34065 as identified as CSC No. 37154, to reflect the full survey
and the corrected property boundary description and to revise the scope of the mandatory
improvements as required by the Lease; and
C. WHEREAS, Lessee desires to decrease the property boundary area to include
only the lease site identified and described in Amendment No. 1 (CSC No. 37154) as W-6, and
known as 13745 Wing Way.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows:
1. Section 1 of the Lease is hereby amended to read as follows:
1. PROPERTY LEASED.
M Lessor hereby demises to Lessee one (1)parcel of unimproved ground space at
M Fort Worth Spinks Airport("Airport") in Fort Worth, Tarrant County, Texas identified
M
as:
13745 Wing Way, commonly known as Lease Site W-6
Page 1
Amendment No.2 to City Secretary Contract No.34065
N between City of Fort Worth and Spinks West Side Associates,LLC rOFFICIAL RECORD
RETARY
TH, TX
2. The document attached hereto as Exhibit "A" shall replace all previous Exhibit "A"
attachments, as attached to CSC No. 34065 and CSCS No. 37154, and shall be
incorporated therein by reference for all purposes. 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.
3. All other provisions and conditions of the Lease, and Amendment No. 1 thereto, that are
not expressly amended herein or are directly in conflict with the provisions and
conditions of this Amendment shall remain in full force and effect.
4. The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement 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. Each party is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
IN WITNESS WHEREOF the parties hereto have executed this Agreement in
multiples on this the- &�day of
CITY OF FORT WORTH:
By:
-, �
Fernando Costa
Assistant City Manager
Date: 9/ 14
Page 2
Amendment No.2 to City Secretary Contract No.34065
between City of Fort Worth and Spinks West Side Associates,LLC
STATE OF TEXAS _ � §
COUNTY OF G�U/�,!q §
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 day
G
92 0]/,f�
EVONIA DANIELS
Notary Public,state of Texas `
My Commission Expires
July 10, 2017
otary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST: �!
AND LEGALITY:
By:�1 zA� By:
Charlene Sanders Mary J. Kay r
Assistant City Attorney City Seer etar
�
M&C: 4C� � �� Q� 000 op
X00
/ ° 0
Approved: $ 8 yf 0
°
�
a�.
090010 0000000010�
LESSEE: ATTEST: NNNNNN AS
SPINKS WEST I E IATES,LLC
BY By:
Darrell endenen
Manager
Date: �����zy/c 6 4?
STATE OF §
Page 3
Amendment No.2 to City Secretary Contract No.34065
between City of Fort Worth and Spinks West Side Associates,LLC
OFFICIAL RECORD
CITY SECRETARY
F-T. WORTH, TX
CALIFORNIA JURAT WITH AFFIANT STATEMENT
❑ See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
2
3
Signature of Document Signer No.1 Signature of Document Signer No.2(if any)
State of California
County of
Subscribed and sworn to (or affirmed) before me on this
A110t -A
day of 'V �_r , 20—IL by
Date Month Year
(1) 0 tn den�A
Name of Signer
CANDICE NICOLE MCGOWAN proved to me on the basis of satisfactory evidence
to be the person who appeared before me
COMM.#2034280
NOTARY PUBLIC-CALFORNIA (and
RIVERSIDE COUNTY
My Comm.Expires July 21,2017 (2)
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.)
Signature
Siqd&re of Notary Public
Place Notary Seal Above
- OPTIONAL
Though the information below is not required by law,it may prove
valuable to persons relying on the document and could prevent mell-Im-im Igo] J!,
fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Number of Page-.
Signer(s)Other Than Name Above:
02007 National Notary Association•9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.Nationa]Notary�org item 85910 Reorder:Call Toll-Free 1-800-876-6827
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FORT I VORTII
ir
COUNCIL ACTION: Approved on 2/4/2014 - Ordinance Nos. 21114-02-2014 & 21115-02-2014
DATE: 2/4/2014 REFERENCE NO.: **C-26659 LOG NAME: 55FWS SWSA
UPDATES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 2 to City Secretary Contract No. 34065, an
Unimproved Ground Lease Agreement for Lease Sites W3, W4, W5 and W6, Authorize
Execution of a Ground Lease Agreement with Mandatory Improvements for Lease Site W5
with Spinks West Side Associates, LLC, at Fort Worth Spinks Airport, Authorize
Reimbursement to Spinks West Side Associates, LLC, in the Amount of$140,000.00 for
Apron Construction Costs and Adopt Appropriation Ordinances (COUNCIL DISTRICT 6)
; � s_� _ a .ri .. �_ m,: re.£�- wu �:� 5 wa,,5 Jrrz. �_ r,.oasnc .' .�`a. l ✓ _.... w
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment No. 2 to City Secretary Contract No. 34065, an unimproved
Ground Lease Agreement for lease sites W3, W4, W5 and W6;
2. Authorize execution of a Ground Lease Agreement with mandatory improvements for lease site
W5 with Spinks West Side Associates, LLC, at Fort Worth Spinks Airport;
3. Authorize reimbursments in the amount of$140,000.00 to Spinks West Side Associates, LLC, for
Apron Construction Costs;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Airports Gas Lease Project Fund in the amount of$140,000.00 from available funds;
5. Authorize the transfer in the amount of$140,000.00 from the Airports Gas Lease Project Fund to
the Municipal Airports Fund; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Municipal Airports Fund in the amount of$140,000.00 from available funds for reimbursement of
Apron Construction Costs.
DISCUSSION:
On March 28, 2006, (M&C C-21373) the City Council approved an unimproved ground lease with
mandatory improvements for lease sites W3, W4, W5 and W6 with Spinks West Side Associates,
LLC (SWSA), at Fort Worth Spinks Airport City Secretary Contract (CSC) No. 34065. This lease was
later amended (CSC No. 37154) in order to reflect the completion of a full survey and a corrected
property boundary description, as well as incorporating a revision to the scope of the mandatory
improvements. The current Agreement provides for a 30 year term with two 5 year renewal
options. Staff has received a request from SWSA to decrease the property boundary area by
releasing lease sites W3 and W4 back to the City and executing a new Ground Lease Agreement for
an expanded lease site W5. The remaining lease site, W6, will consist of 31,200 square feet of
ground space.
Lease Site W5, originally consisting of 36,840 square feet, will expand to a total of 78,277.32 square
feet of ground space. The added 41,437.32 square feet, at a ground rate of$0.27 per square foot,
will generate additional revenue in the amount of$11,188.08 annually, ($932.34 monthly), in
accordance with the Aviation Department's current Schedule of Rates and Charges.
8/20/2014
M&C Review Page 2 of 2
During the initial term of the lease, rental rates shall be subject to an increase every year to reflect the
upward percentage change, if any, in the Consumer Price Index for the period since the last
adjustment. In addition, rental rates during the initial and renewal terms will also be subject to a
ground rate adjustment every five years. The ground rate will automatically be adjusted to equal the
then current rates prescribed by the Schedule of Rates and Charges.
To aid in the construction of the concrete apron area associated with the mandatory improvements
for a 36,840 square foot hangar, and as an economic incentive to stimulate and encourage business
development on lease site W5, SWSA has accepted an offer to be reimbursed for construction costs
of the apron installation in an amount not to exceed $140,000.00. In order to receive the
reimbursement, SWSA will be required to meet Federal Aviation Administration standards for
concrete construction as well as submitting statements, invoices and/or bills paid by SWSA reflecting
the reasonable costs associated with apron construction.
The property is located in COUNCIL DISTRICT 6, Mapsco 1190.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinances, funds will be available in
the current capital budget, as appropriated, of the Airports Gas Lease Project Fund. The Aviation
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
2) PE40 491052 0551201 $11,188.08
3) P240 446200 551929990100 $140,000.00
PE40 538040 551929990100 $140,000.00
3) P240 538040 551929990100 $140,000.00
4) PE40 476240 0551002 $140,000.00
5) PE40 539120 0551002 $140,000.00
5) PE40 476240 0551002 $140,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Jonnie Huitt (5409)
ATTACHMENTS
55 FWS SWSA UPDATES P240 AO.docx
55FWS SWSA UPDATES A014.docx
55FWS SWSA Updates Exhibit.pdf
8/20/2014