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HomeMy WebLinkAboutContract 19353 CITY SECRETARY CONTRACT NO L E A S E STATE OF TEXAS § hE C> 848 COUNTY OF TARRANT § THIS AGREEMENT is made between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting through its Assistant City Manager, hereinafter called "Lessor" , and Stanley C. Thomas, hereinafter called "Lessee" . W I T N E S S E T H : That for and in consideration of the prompt and timely payment of the rentals set out herein and the true and faithful performance by Lessee of all of its promises, covenants and obligations hereunder, Lessor hereby leases unto Lessee and Lessee hereby accepts from Lessor the following described real property ( "premises" ) at Fort Worth Meacham Airport in Fort Worth, Tarrant County, Texas : 11,619 sq. ft. area, called Lease Sites 12-3 and 12-2 , outlined in blue on the plat map, Exhibit "A" , and described in the field notes, Exhibit "B" , both of which are attached hereto. The term "premises " shall also include improvements on the real property. 1 . The premises are to be used by lessee during the term of this lease exclusively for commercial aviation activities which are hereby defined as those activities which involve the sale of aviation services for profit to the general public, limited to the following: omm n SECRETARY ET. WORTH_ M a. The loading and unloading of aircraft in any lawful activity incident to the conduct of any service or operation set out in this paragraph. b. The maintenance, repair and storage of aircraft, which shall include overhauling, rebuilding, repairing, inspection and licensing of same. C . The buying and selling of aircraft, parts and acces- sories therefor and aviation equipment of all descrip- tions either at retail, wholesale or as a dealer. d. The location, construction, erection, maintenance and removal of improvements, in any lawful manner, upon or in the demised premises for the purpose of carrying out any of the activities provided for herein, subject, however, to the conditions herein generally or particu- larly set forth. e. The operation and sale of aerial survey, photography or mapping services. f. The operation and sale of aerial taxi and sightseeing service. g. The operation of non-scheduled and charter transporta- tion of passengers . h. The operation of schools for the instruction of flying, navigation, mechanics, aerial survey, photography, aircraft design, theory and construction. i . The maneuvering, parking and tie-down of aircraft in the leased tie-down area, provided that Lessee first obtains written approval of the Airport Manager at Fort Worth Meacham Airport for any aircraft parking or tie-down fees charged. In addition, with the express consent of the airport Manager, Lessee may conduct incidental activities on the premises reason- ably related to the purpose of this lease, including but not necessarily limited to the sale of confections, soft drinks and tobacco through coin-operated vending machines . 2 2 . The term of this lease shall be for twenty-five years and fifteen days beginning August 15, 1992 , and ending September 30, 2017 . If Lessee performs all of his duties and obligations hereunder during the term hereof, then upon applying in writing not less than three years nor more than five years before the end of said term, Lessee shall have the right of first refusal to execute a new lease of the premises should Lessor desire to execute a new lease, with such lease to be on such terms and conditions as Lessor may prescribe. 3 . As consideration for the period beginning August 15, 1992 , and ending September 30, 1993, of this lease agreement, Lessee hereby promises and agrees to pay Lessor a rental amount of Two Thousand One Hundred Seventy-eight and 63/100 Dollars ($2, 178 . 63) payable in monthly installments on or before the first day of each month as follows: First installment of $261 . 44 (August 15, 1992, through September 30, 1992 ) Remaining installments of $174 . 29 each. The rental amount is calculated at the following rates : Unimproved Eastside Land 11, 619 sq. ft. @ $0 . 18 per sq. ft. per year Rental for each of the remaining 24 years of the lease term shall be payable in similar monthly installments at rates then in effect for comparable property at Fort Worth Meacham Airport 3 according to the Schedule of Rates and Charges adopted by the Fort Worth City Council . In addition to the monthly installments of rental as afore- said, Lessee promises to pay a late charge of ten percent ( 10%) of the monthly installment for each month or portion of a month that any monthly installment is more than ten ( 10) days past due, and a separate compensation and payment of such late charge shall be made for each monthly installment that is more than ten ( 10) days past due, so that if two (2 ) monthly installments are more than ten ( 10) days past due, then two ( 2) separate late charges shall accrue, and so on. Payments shall be made during normal working hours at the office of the Airport Manager at Fort Worth Meacham Airport. 4 . Lessee agrees and covenants that Lessee has inspected the premises and is fully advised of its own rights without reliance upon any representation made by Lessor concerning the condition of the premises and accepts same in their present condition as satisfactory for all of the purposes of this lease. 5 . Lessee, at its sole cost and expense, shall provide for the construction of and maintenance of improvements upon the premises for the purpose of carrying out the activities provided for herein. Such improvements shall include a hangar and adjacent concrete apron, as shown generally on the site plan, in the area outlined in blue on Exhibit "C" , attached hereto. Upon completion 4 of construction, title to all improvements, fixtures, and items permanently attached to any structure on the premises shall vest in Lessor. All renovation, improvements and other facilities ( including landscaping) shall be constructed in accordance with plans and specifications approved by the Director of Transportation and Public Works and the Director of Development and shall be subject to their inspection. No construction or installation may be undertaken until this approval is secured. All plans, specifica- tions and work shall conform to all local, state and federal codes, laws, ordinances and regulations, including the City of Fort Worth Aviation Department Minimum Standards (the "Minimum Standards" ) , now in force or hereafter prescribed by authority of law. All improvements and alterations will be made so that the premises will comply with all applicable provisions of the Americans With Disabilities Act of 1990 . At any time that Lessee undertakes construction of any improvements or renovation of existing structures in excess of $25,000 . 00, Lessee shall, at its own cost and expense, cause to be made, executed and delivered to Lessor two separate bonds in accordance with Article 5160 of the Revised Civil Statutes of Texas as follows : ( 1) Prior to the date of commencement of construction, a contract surety bond (performance bond) in a sum equal to the full amount of the construction contract awarded. Said bond shall be drawn in a form and from such company as approved by Lessor; shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications; and shall guarantee Lessor against any losses and liability, 5 damages, expenses, claims and judgments caused by or resulting from any failure of Lessee to perform completely the work described as herein provided. (2) Prior to the date of commencement of construction, a payment bond with Lessee's contractor or contractors as principal, in a sum equal to the full amount of construction contract awarded. Said bond shall guarantee payment of all wages for labor and services engaged and of all bills for materials, supplies and equipment used in the performance of said con- struction contract. Bonds shall be standard payment or performance bonds provided by a licensed surety company. A cash deposit, certificate of deposit or letter of credit, satisfactory to Lessor, may be furnished by Lessee in lieu of the bonds . Certificates of deposit and letters of credit shall be from a financial institution in the Dallas-Fort Worth metropolitan area which is insured by the Federal Deposit Insurance Corporation. Cash deposits shall be made in the treasury of the City of Fort Worth. The City of Fort Worth shall not pay interest on any cash deposit made in the treasury of the City. 6 . Lessee agrees and covenants that it will pay for all util- ities used by it on the premises to include all costs or deposits, if any, required and necessary for the installation of meters or other prerequisites for such utility service; and Lessee further covenants and agrees that Lessee is responsible and liable for all costs and expenses for any extension, installation, maintenance or repair of any and all utilities serving the hangar and lease site, including but not limited to water, sanitary sewer, electric, gas and telephone utilities . 6 7 . Lessee agrees and covenants that Lessee will, at Lessee's expense, make all repairs necessary to keep all improvements on the premises from deteriorating in value or condition, ordinary wear and tear excepted, and to repair damages to any part of the premises caused by the acts of Lessee or Lessee's officers, agents, servants, employees, contractors, subcontractors, licen- sees, invitees or trespassers; repair and maintain all pavement, hangar modifications, windows, pedestrian doors, hangar doors, fixtures and installations within and upon the premises; and generally to perform optional maintenance upon functioning equip- ment and fixtures within Lessee's possession and control and located upon the premises . Lessor shall have the right and privi- lege, through its officers, agents, servants and employees, to make inspections of the premises, and thereafter to make recommen- dations to Lessee of any repairs that, in Lessor's opinion, are necessary to be performed by Lessee upon the premises in accor- dance with the foregoing. Lessee agrees and covenants that it shall begin such repairs within thirty ( 30) days of the date that such recommendations were made. Such repairs shall be made in an expeditious and workmanlike manner. In the event that Lessee shall fail to under take such recommended repairs within the time provided, it is agreed that Lessor may, within its discretion, make such repairs as it deems necessary for the performance of Lessee's obligations hereunder, and such repairs shall be made on behalf of Lessee and the cost of such repairs shall be an obliga- 7 tion upon Lessee. Lessee hereby covenants and agrees to pay said cost upon the date of its next rental payment after the completion of such repairs . Lessee acknowledges that access to the premises will be provided through the use of the Common Access Area, shown on Exhibit "A" as the area shaded with crosshatching, and Lessee further acknowledges and agrees that this Common Access Area will provide access to the land adjacent to Lessee 's premises, delin- eated on Exhibit "A" as Lease Site Nos . 12-A, 12-1 and 12-4 . Lessee agrees to be jointly and severally responsible with the holder of any lease for any of Lease Site Nos . 12-A, 12-1 or 12-4, for the maintenance, upkeep and repair of the improvements, including pavement, in the Common Access Area. 8 . Lessee agrees and covenants that Lessee will not make or suffer any waste of the premises, nor will it suffer any holes to be drilled or made in the brick, plaster or cement work, nor make any material structural alterations or additions to said premises except as may be approved in advance, in writing, by the Airport Manager. 9 . No signs, posters or other similar devices shall be placed on the premises without the prior written consent of the Airport Manager. Any signs placed on the premises shall be maintained at all times in a safe, neat, sightly and good physical condition. Any such sign, poster or similar device shall be removed from the 8 premises immediately upon receipt of instructions for the removal of same from the Airport Manager. Lessee will install a sign indicating that the premises is included within an aircraft movement area, the location, size and wording of which must be approved by Lessor prior to installation. 10 . Lessee agrees to maintain and police the area in order to keep the premises in a clean and sanitary condition at all times and agrees to comply with all applicable requirements and orders imposed by the Police, Fire, Health, Aviation and Transportation and Public Works Departments of the City of Fort Worth. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the airport of all trash, garbage and other refuse caused as a result of the operation of its business . Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash or other refuse. Piling of boxes, cartons, barrels or other similar items in an unsightly or unsafe manner on or about the premises shall not be permitted. 11. It is understood and agreed that all fixtures and items permanently attached to any structures on the premises, and all additions and alterations made thereupon, shall immediately be and become the property of Lessor. 9 12 . Lessee shall at its own responsibility and expense obtain and keep in effect all licenses and permits necessary for the opera- tion of its business on the premises . 13 . Lessee covenants and agrees that Lessee will not make or suffer any use of the Airport or the premises that is not specif- ically authorized hereby and will not make or suffer any unlawful, improper or offensive use of the premises or any part thereof . Lessee covenants and agrees to comply with all applicable laws, federal, state and local, including all ordinances of the City of Fort Worth, all rules and regulations of the Police, Fire and Health Departments, all rules and regulations established by the Airport Manager for the operation of the Fort Worth Meacham Airport, and all rules and regulations adopted by the City Council or the Aviation Advisory Board of the City of Fort Worth per- taining to the conduct of airports owned or operated by the City, as such laws, rules and regulations exist or may hereafter be amended or adopted. It is understood and agreed that if Lessor calls the attention of Lessee to any such violation on the part of Lessee, or any of its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees, Lessee shall immediately desist from and correct such violation. 14 . It is understood and agreed between Lessor and Lessee that Lessor may from time to time during the term of this lease, amend 10 A any of its policies relative to the operation and regulation of Fort Worth Meacham Airport, and Lessee agrees that Lessee will abide by and conform to any such amendments as may be made throughout the term of this lease. 15 . It is further agreed that Lessee shall not do or permit any thing in or upon any portion of said premises or bring or keep anything thereon which will in any way conflict with the condi- tions of any insurance policy upon the building or any part thereof, or in any way increase the rate of fire insurance upon the premises or which will in any way injure or annoy other tenants at Fort Worth Meacham Airport. Lessee agrees and cove- nants that Lessee will comply with all fire regulations of the City of Fort Worth and Lessee shall maintain in proper condition, accessible fire extinguishers in a number and of a type approved by Fire Underwriters for the particular hazard involved, and that Lessee will permit the Fire Marshal of the City of Fort Worth or his agents to make inspection of the premises at any time, and that Lessee will comply with all recommendations that may be made to Lessee by the Fire Marshal or his agents for the purpose of improving fire safety conditions and removing any potential fire hazards that may exist on said premises . All heating equipment and all electrically operated equipment which may be used on the premises shall be of such kind and character as may be approved by Lessor. 11 16 . Lessee covenants and agrees to furnish Lessor with a certifi- cate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, existence, or location of said premises . The amounts of such insurance shall not be less than the maximum liability which can be imposed on the City of Fort Worth under the laws of the State of Texas . At present, such amounts shall be as follows: Personal injury or Death and property damage, per occurrence, combined single limit $600, 000 with the understanding of and agreement by Lessee that such insurance amounts shall be revised upward at Lessor's option and Lessee will so revise such amounts within thirty ( 30) days fol- lowing notice to Lessee of such requirements . During the full term of this Lease, Lessee shall, at its sole cost and expense, cause all improvements on the leased premises to be kept insured to the full insurable value thereof against the perils of explosion, fire and like perils . "Improvements" shall include but not be limited to all buildings and other structures on the premises . In the event any improvement on the leased premises, or any part thereof, shall at any time during the term of this lease be damaged or destroyed by fire or other casualty so as to render same unfit for use and occupancy, Lessee may either repair or rebuild the damaged improvement, or may elect not to 12 repair or rebuild. If Lessee elects not to repair or rebuild, then this lease may be terminated in its entirety or only as to such portion of the premises as has been rendered unfit for use and occupancy, and the insurance policy will provide that Lessor will be paid all funds to which Lessee is entitled as proceeds under the policy. If Lessee elects to repair or rebuild, such repair or rebuilding shall be at Lessee's sole cost and expense, which amount shall include the proceeds of any insurance policy required hereunder, and this lease shall continue. Lessee shall maintain all insurance policies with an insur- ance company authorized to do business in the State of Texas and approved by Lessor. Said policies shall contain a provision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to Lessor thirty ( 30) days in advance of the effective date thereof . 17 . Lessor does not guarantee police protection to Lessee and its property, and Lessor shall not be responsible for injury or harm to any person or for any property belonging to Lessee, its offi- cers, agents, servants, employees, contractors, subcontractors, licensees or invitees, which may be stolen, destroyed or in any way damaged, and Lessee hereby indemnifies and holds harmless Lessor, its officers, agents, servants and employees, from and against any and all such claims . 13 18 . It is specifically agreed and stipulated that the following concessions and the establishment thereof are excluded from this lease, to-wit: a. Food Sales (except as hereinabove provided) b. News and Sundry Sales C . Barber and Valet Service d. Alcoholic Beverage Sales e. Aviation Fuel Sales, provided that "pass-through" sales of fuel to Lessee's customers shall not be considered "Aviation Fuel Sales" hereunder f . Rent-a-Car and/or Taxi and Limousine Service 19 . It is expressly understood and agreed that Lessee shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of Lessor; that Lessee shall have exclusive control of and the exclusive right to control the details of its operations and activities on the premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between Lessor and Lessee; and that nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. 14 20 . Lessee covenants and agrees to and does hereby indemnify, hold harmless and defend Lessor, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the leasing, maintenance, use, occupancy, existence or location of the premises; and Lessee hereby assumes all liability and responsi- bility of Lessor, its officers, agents, servants and employees, for such claims or suits . Lessee shall likewise assume all responsibility and agrees to pay Lessor for any and all injury or damage to Lessor's property, arising out of or in connection with any and all acts or omissions of Lessee, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees . 21 . Lessee covenants and agrees that it shall have no power to do any act or make any contract that may create or be the founda- tion for any lien upon the property or interest in the property of Lessor, and any such contract or lien attempted to be created shall be void. Should any purported lien be created or filed, Lessee, at its sole cost and expense, shall liquidate and dis- charge same within ten ( 10) days after filing thereof; and should Lessee fail to discharge the same, such failure shall constitute a breach of this lease. 15 22 . Lessor, through its officers, agents, servants or employees, shall have the full and unrestricted right to enter the premises for the purpose of doing any and all things which Lessor is authorized or required to do under the terms of this agreement or which may be deemed necessary for the proper conduct and operation of Fort Worth Meacham Airport. 23 . It is understood and agreed that by execution of this lease the City of Fort Worth does not waive or surrender its govern- mental powers. 24 . Any breach, default of failure by Lessee to perform any of the duties or obligations assumed by Lessee hereunder or to faithfully keep and perform any of the terms, conditions and provisions hereof shall be cause for termination of this lease by Lessor in the manner set forth in this paragraph. Lessor shall deliver to Lessee prior written notice of its intention to so terminate this lease, including in such notice a reasonable description of the breach, default or failure. If the breach is a failure of Lessee to pay rentals due under this lease and Lessee shall fail or refuse to cure, adjust or correct the same to the satisfaction of Lessor within ten days following notice, or in the case of a breach other than failure to pay rent, Lessee fails to cure within thirty days following notice, then in such event Lessor shall have the right, without further notice to Lessee and 16 without being deemed guilty of trespass and without any liability whatsoever on the part of Lessor, to declare this agreement terminated and enter upon and take full possession of the prem- ises, by force or otherwise, and without legal process, to expel, oust and remove any and all parties who may occupy any part of said premises and any or all fixtures and equipment not belonging to Lessor that may be found within or upon said premises without being liable for damages therefor. In the event of termination of this agreement by Lessor in accordance with the provision of this lease, all rights, powers, and privileges of Lessee hereunder shall cease and terminate and Lessee shall immediately vacate the premises and shall make no claims of any kind whatsoever against Lessor, its officers, agents, servants or employees by reason of such termination or any act incident thereto. The written notice provided for herein shall be by certified mail, return receipt requested, addressed to Lessee as hereinafter provided, with the thirty-day period to begin upon receipt by Lessee, or, if the notice letter is rejected by Lessee, the notice period will be deemed to have begun at the time such notice letter arrived at Lessee's premises according to postal records . Any failure by Lessor to so terminate this lease or the acceptance by Lessor of rentals for any period of time after any such breach, default or failure by Lessee shall not be determined to be a waiver by Lessor of any rights to terminate this lease for any subsequent breach, default, or failure. 17 25 . Notices addressed to Lessor pursuant to the provisions of this agreement shall be sufficient if sent by certified mail, addressed to Airport Manager, Fort Worth Meacham Airport Terminal Building, Room 228, Fort Worth, Texas 76106 , and notice to Lessee shall be sufficient if sent by certified mail, addressed to Stanley C. Thomas, P.O. Box 7122 , Fort Worth, Texas 76111 . 26 . Lessee hereby grants a lien to the Lessor upon all personal property belonging to Lessee in or on the premises as a possessory pledge to secure the timely performance by Lessee of all of its obligations hereunder, including the prompt payment of rent. In the event of default by Lessee, Lessor is and shall be empowered and authorized to seize and hold all of the personal property belonging to Lessee on the premises to secure such performance, to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale, and to pay all amounts due Lessor hereunder, holding the balance remaining, if any, subject to Lessee's order. A copy of this agreement shall be the only warrant necessary. 27 . Lessee further agrees and covenants that Lessee will, at the end of the term of this lease or at any termination hereof, peace fully deliver unto Lessor the premises and all appurtenances or additions thereto in as good a condition and state of repair as 18 same are now in, normal wear and tear only excepted, and vacant, unencumbered and in good and tenantable condition. 28 . Lessee agrees and covenants that Lessee shall not sublet or assign all or any part of its rights, privileges, duties, or interests under this lease without first obtaining the written consent of Lessor, and any attempt to assign all or any part hereof without first obtaining such prior consent by Lessor shall be void. 29 . Lessee agrees and covenants that in the event that any proceedings in bankruptcy or insolvency shall be instituted against Lessee, whether voluntary or involuntary, Lessor may, at its option, declare this lease forfeited and terminated, and upon such declaration Lessee agrees to give and deliver immediate possession of the premises to Lessor. 30 . It is further understood and agreed that Lessee will conduct aviation-related activities on the leased premises as described above at all times during the term of this lease, and any abandon- ment or non-use of the premises for any period of time exceeding thirty days shall be grounds for termination of this lease by Lessor. 31 . Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does 19 hereby covenant and agree as a covenant running with the land that: ( 1) no person, on the grounds of race, creed, color, sex, age, disability, or national origin shall be unlawfully excluded from participation in, denied the benefits of or be otherwise subjected to unlawful discrimination in the use of said facil- ities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person, on the grounds of race, creed, color, sex, age, disability or national origin, shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimina- tion, ( 3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said regulations may be amended. Lessee further agrees it will indemnify and hold harmless Lessor for any claim arising out of Lessee's failure to abide by the above-stated covenant of nondiscrimination. 32 . In any action brought by Lessor for the enforcement of the obligations of Lessee, Lessor shall be entitled to recover interest and reasonable attorneys ' fees . 33 . Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreement, venue for said action shall lie in Tarrant County, Texas . 20 34 . This lease must be executed by Lessee within thirty ( 30) days of the time it is presented to Lessee by Lessor. If it is not executed within this 30-day period, it will be null and void, and any holdover tenancy or tenancy at will under an existing occu- pancy will terminate; provided, however, that if Lessee is already occupying the leased premises, Lessee will be liable for lease payments during the time of occupancy. 35 . Lessee acknowledges that asbestos-containing material may exist on the property where the demised premises are located. Lessee covenants and agrees to comply with all federal, state and local laws and regulations, including but not limited to those of the Environmental Protection Agency, the Occupational Safety and Health Administration, and the Texas Department of Health now is existence or promulgated in the future. Lessor is developing a master plan for dealing with asbestos-containing material. Lessee covenants and agrees to cooperate fully with Lessor's master plan and the undertaking of any asbestos-related activities . Lessee further covenants and agrees to notify Lessor prior to Lessee's undertaking any repairs, renovations, alterations, or remodeling of the demised premises or any other activity that might disturb asbestos-containing material, and not to proceed with any such activity until approved in writing by Lessor. 21 36 . Lessor further covenants and agrees that during the term of this lease it will operate and maintain the Airport and its public airport facilities as a public airport consistent with and pursu- ant to the Sponsor's Assurances given by Lessor to the United States Government through the Federal Airport Act. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Fort Worth, Tarrant County, Texas, on this day of C�1d 19 . CITY OF FORT WORTH STANLEY . THOMAS By: ,4% > By: ssistant City nager Sta ley C. omas ATTEST: ATTEST: 2 Ir City Secretary APP VED AS TO FORM AND LEGALITY: zj Contrac Authorization C ty Attorne a, r, Date: 22 Exhibit FIELD MOTES FOF. LEASE SITE 12 FORT WORTH MUNICIPAL AIRPORT HEACHAN FIELD A tract of land out of the James Wallace Survey , being a portion of the tract of land conveyeC to the City of Fort Worth by deed recorded in Volume 1112, Page 574 , Deed Records , Tarrant County , Texas , and .also being a portion of Fort Worth lunicipal Airport , Meacham Field , more particularly described using the Texas Coordinate System , North Central Zone , coordinates and bearings as follows : COBBENCE at a point in the north line of 38th Sitreet at the west line of North Bain Street, said point being the most easterly southeast corner of Beacham Field; THENCE: North 00 degrees 28 minutes 39 seconds East 1 , 076.0. feet and North 30 degrees 12 minutes 21seconds West. , 1 ,039. 86 feet to a mark "+ " found 1n concrete , the northeast corner of the original Lease Site 12, File No . D-1029, the northwest cornea of Lease Site 11 , File NO . D-1027, and South 01 degrees 13 minutes 29 seconds West , with the common line of said leases, 64 . 04 feet , to a mark. "+ " cut in concrete , for the POINT OF BEGINNING of the herein described lease, the coordinates of said point are Y = 2, 044 ,671 . 87 , Y _ 418, 136 . 78; THENCE : Continuing with said line , South 01 degrees 10 minutes 39 seconds West , 101 . 24 feet , to a mark "+ " cut in concrete, and form which a mark "+ " found in concrete at the south corner of said lease. bears South 01 degrees 19 minutes 39 seconds West , 148 . 33 feet ; THENCE : South SS degrees 24 minutes S7 seconds West , 37 .00 feet to a SZ E" iron rod set with a red cap in the southwesterly line of said Lease 12 ; THENCE: With said line , North 34 degrees OS minutes 03 seconds West , 82 . 0 feet , to a Sie" iron rod set with a red cap , and from which the West corner of !mass 12 bears "Ivr�h 34 degrees 3S minutes 0S seconds West 2M . 87 fest ; THENCE : North SS degrees 24 minutes ci seconds East , _ _ . 3 8 feet , to the PLACE OF BEGINNING, and containing 9, SE:= square feet of land , more or less . .JRn : AL:1 : f dg 1 S25 7.' 1 ^�1F 7'- C. _E! ii ._."a•�t �.-f - an 'DuJI a. _ ace '.ua-vas be irig Pert i Jn O1 the `7"3`t �f lana �On'✓eyed }.7 t :1C 1 t of F:7rt W,:;t't L- deed rci_C:rda, 1 n 1.10 l vmc 1 1 12 , F age 57-4 , Dead Records , Tarrant =ounty , =.:as , ana I s o wing a portI D,i _,r Fol-t CioY-th '11.11-11 _1pa1 A17p Yt , Neachsm Field , mors particularly described using the Te_ as 1:oordinat. -%stem , Nort.1-1 C.neral E':nc , =oC'rdlnatc_ an" bears ngs as fol1o ,js . at a � i:t 1 1i G 07 117 r= T ���}.h 7"'==t 3t + �L - --.+ 1, line f PiGrth ilaln Street , said point being the moF_t eastarI �­ut:leaStN_acham Field ; THENCE : North 00 degrees 26 m 1 nutes 39 seconds East. 076 . 0 ._vat and 11"Drti. 1 :1=gY =.a 1 :ill "lutes Sac.G1ldS T t_-et tG a '3i'8�" iron rod found , the wast corner of the or 1 g 1 ria 1 Lacs= 1' t e- 12 , Fi le Nc- . D-110:29 , and wi t h the _cUtflLJea' .7- l ; i ii-Ie d 1=as , South 1 de ? greas 1 m i nutCs ©= sec=onds West" i t 2@t , t0 a c "�' i r%�n Y"od sst W 1 t11 a reg: cap , r =Y- }iia nC'-t.:i CorneY of the here i rl descr i bed 1 eaS e, the coordinates of si�.a1 j int ..are = ._ , 044 , S 1 . 2 ' _ �1`_ , _�� "0 � `� - THENCE : Cont 1 nu i ng W i th s i d 1 1 rte , `30ut11 =-1 deg? e'es m 1 nutea a-=r'nQ {i?St , �� . 0 C;=.t , t0 a �: " iY =.n oi.t Sat. !..pita 3 . _d cad; , and f orm Which a mal:k 11+ 11 at the south corner of said Lease 1t.e 1� bears =01-,th 3-1 gr=es min'�Ite-s a 3, seconds St T^EiiCE _-1 iTiinlites' a =+"_:"'_ fiYGrl 7"Od et �aitr. a red cap"rCHENCE: :1_rt11 =4 degi-e .a =.0 fninur�Cs O'D 'Bec—nds West , 3,._ .0 f at , 17-on rod set with. a red cap ; 'HE'TC'I_ i GY"+ :', cc j_gY - ;i11 -. _ =___nds Ea='t , -F LS t11E ?1 ai,CE IIF �EC1TiII1li�� , an'j CCnt .alrilnc-1 '"'O'E'-' Square _ 3itu cliOY ._ .=:Y s s . =vs 1..— z N Q W o b $ N N y W ' owe z : °t r V I�i O a+s x Q ^g Zr=° Wap CM ¢ � 3NIILLJQ W ca N CL n x < O. t I VQm yNj v WrW pJp���lIJ z R ch co W a u o N N cc o ` .d '1S NIVW HI ON � N C 3.68.99 000 N o 4- U .1 III}-VIII---,III-I G LWT Y-7 Y N Q N w r n O Q z CA 3 � _ H ;. a0 CV Cl) N 1 r Q O n z O m o G W car rm Oe( c'g zIy oi° OVJ as t'i �" ol: :L¢ f O yF•j d♦ z' 11 C4 : S a•Q 1 1 W Xt ; u 1 1 Ou I 1 � m z x > Yu n < 3 a ,f0'f9 ,va•LOL ,88.9fL 3 .- q o 00, N e ♦ � r � a V :� NI Q N r r '+ a 1� N 0 1 0b 1 • t 1 1yy p 1� • ' p X s M CO ¢ V e N a 1 est ,L 9 z r O 'r� P. _J N o y 3.69.6E 640 N h 1 r N I o °({1 Ic dN d 1 m A r O j 3 10 � 1 N s�•o.oa o d iti -''.:k, • °• •ab s ,` •O b s!1 ! �!� al�yA 0 W aJ W q bip p1��•�^S� rn b �~ O N M ti �6 s c Ni N ° O U z. cc ID� m N W IZ W u y 1 �1AO ' b u %t�0 � _ .{ ao O; _e � � 1p W pa 8lp Ot b • R a f <O. (►��C ¢ V yt7o �>O> � - p <F<q u s ( b OC OC 0RLL b < � < J< uj Moog <N _0 0 z t 4C o$oV Z;g: C!2 Ialt � 9 'y k _ AI yl to cc ca e n } 1 , \��•\ I z J v i a _ � ,�� XX� LVID• \ vI� rOS /ulL oB6 lY �` MASrER FILE-4 ACCOUNTING-2 0 City of Fort Worth, Texas,,- TRANSPORTATIONIPUNWC WQX"Af NATER AOMINMayor and Count* mW J r^1 �J��JJ{y. m;t uprul X -7 01/28/92 **C-13481 55STAN laof 2 SUBJECT I AMENDMENT OF CONTRACT AND CONSENT TO ASSIGNMENT OF PORTION OF BARREFTr CONATSER HANGAR JOINT VENtURE LEASE AND NEW LEASE WITH SIANLEY C., TFVOMAS AT FORT WORTH MEACHAM AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the following: I. A consent to assignment of a portion of a ground lease currently held by Barrett- Conatser Hangar Joint Venture (City Secretary Contract No. 13160) to Mr. Stanley C. Thomas, an individual , and 2. A new lease agreement with Mr. Stanley C. Thomas for the portion of the ground lease assigned to him from the Barrett-Conatser Hangar Joint Venture and for an additional amount of ground space, and 3. An amendment to Barrett-Conatser Hangar Joint Venture's current ground lease to . delete a portion of the area leased. DISCUSSION: Under City Secretary Contract No. 13160 as amended by City Secretar Contract No. 15180 and as assigned to Barrett-Conatser Hangar Joint Venture (B-CHJV by City Secretary Contract No. 13360, B-CHJV leases 41,638.12 square feet of ground space at Meacham Airport. B-CHJV requests that a portion of this lease, approximately 9,512 square feet, be assigned to Mr. Stanley C. Thomas, an individual . The parties have also agreed that both parties will retain a right of common access of egress and ingress to the property. In conjunction with the consent to assignment, it will be required that both parties agree to install on the property at their sole expense a warning sign to be approved by the Aviation Department prior to installation, indicating that the property includes an aircraft movement area and that no unauthorized vehicles will be permitted. Along with the area recommended for assignment, Mr. Thomas is requesting an additional 2,050 square feet of ground space adjacent to the assigned property for a total of approximately 11,562 square feet and a new lease agreement with the City so that he can develop the entire property with an 80' X 75' hangar and associated apron. The term of the lease would be for approximately 25 years beginning July 1, 1992 and end on September 30, 2017 in order to coincide with the City' s fiscal year. Rental rates would be in accordance with the Schedule of Rates and Charges approved by City Council and would be reviewed and adjusted annually on October 1st, as appropriate to the rates and charges in effect at that time. Current rental rates are as follows: FY 92 Revenue Annual Monthly Jul-Se Unimproved Land Rent Rent 11,562 sq. ft. @ $0.18/sq.ft $2,081.16 $173.43 $520.29 per year ��p,mt-i nn row Ned n�nn. City of Fort Wotfk Texas Mac a �� C�muni4c A 07/28/92 1 REFERENCE NUNBER **C-13481 55STANF` 2 of 2 )FP ~ `� SUBJECT AMENDMENT OF CONTRACT AND CONSENT TO ASSIGNMENT OF PORTION OF BARRETT- CONATSER HANGAR JOINT VENTURE LEASE AND NEW' LEASE WITH STANLEY C. THOMAS AT FORT WORTH MEACHAM AIRPORT All area calculations are subject to survey verification. All other terms and conditions of similar ground space leases would apply. Finally, B-CHJV wishes to amend its current lease agreement by deleting approximately 9,940 square feet of ground space because it cannot develop the property in question due to restrictions placed on it by the Federal Aviation Administration (FAA) . In 1983, the FAA conducted an aeronautical study (Study No. 83-ASW-1532-OE) wherein it determined that the subject property would cause a "line of sight" problem from the Airport Traffic Control Tower to the extension of Taxiway "Q" and therefore not approved for hangar development. Although B-CHJV has been unable to develop this particular portion of its property for hangar development, it has continued to pay the ground rent rate on the area. The Aviation Advisory Board motioned "approved with the change from 30 year to 25 year lease term" with a unanimous vote of 5-Yes and 0-No. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the Administration Section of the Aviation Department will be responsible for collection and deposit of all fees due the City under this lease agreement. RG:j Submitted or City Manager's FWF7 ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: to Ramon Guajardo 6143 PE40 491352 0552001 520.2 APPROVED Originating Depart.ent Head: CITY COUNCIL Ramon Guajardo 6143 from JUL 28 1W For Additional In ormat on Contact: City SeareWy°i Ike Thompson 624-1127 City of Fort wor�.s 0 Printed on recycled paper