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Home My WebLink AboutContract 11628-A3 ;1TY SECRETAr `;ONTR ,'ACT NG lilb- AMENDMENT NO. 3 TO CITY SECRETARY CONTRACT NO. 11628 AS PREVIOUSLY AMENDED AND ASSIGNED GROUND LEASE AGREEMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT (HANGAR 50-S) This AMENDMENT NO. 3 ("Agreement") 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 JOHN J. JANOVETZ, d/b/a LONE STAR AERO ("Lessee"), a Texas company. RECITALS WHEREAS, Lessor and Texas Aviation Engineering ("Previous Lessee"), previously entered into City Secretary Contract ("CSC") No. 11628, a twenty-five year Unimproved Ground Lease for the lease and use of real property known as Hangar 50-S Lease Site and any improvements and facilities thereon ("Leased Premises") at Fort Worth Meacham International Airport ("Airport"). WHEREAS,CSC No. 11628 contained two five year renewal options; and WHEREAS, CSC No. 11628 was subsequently amended by CSC No. 33519 to extend the term for five years extending the lease termination date to December 31, 2011. WHEREAS, on September 20, 2007, Lessor subsequently consented to the Assignment of the Lease by the Previous Lessee to Lessee, via CSC No. 35823. WHEREAS, Lessor and Lessee amended the Lease, via CSC No. 35828 to increase the rental rates in accordance with the current established Aviation Department Schedule of Rates and Charges for similar property at the Airport. CSC Nos. 11628, 33519, 35823 and 35828 are hereinafter collectively referred to as the "Lease". The Lease is a public document on file in Lessor's City Secretary's Office. WHEREAS, the extended term of the Lease expires on December 31, 2011. The parties wish to add an-additional five year option to provide the Lessee a total of forty(40) years. WHEREAS,due to the investment and improvements proposed for this Lease, the Lessee has requested, and Lessor has agreed to continue to lease the property to Lessee at the unimproved ground rate. CFW Meacham Airport John J.Janovetz OFFICIAL RECORD Amendment No.3 to CSC No. 11628 CITY SECRETARY Page 1 of 4 02-24-09 PO4 : 31 11N F;WORTH,TX AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Section 2 of CSC 11628 is hereby repealed and deleted in its entirety and replaced with the following: 2. Term of Lease 2.1 Initial Term The initial term of this Lease shall commence on January 1, 1981 ("Effective Date") and expire at 11:59 p.m. on December 31, 2005, unless terminated earlier as provided herein. 2.2 Renewals If Lessee performs and abides by all provisions and conditions of this Lease, upon expiration of the Initial Term of this Lease, Lessee shall have three (3) consecutive options to renew this Lease for three (3) successive terms of five years each (each a "Renewal Term") in accordance with Paragraph 2.3. Lessee shall notify Lessor in writing of its intent to exercise a respective option not less than 90 nor more than 180 days prior to the expiration of the term then in effect. If Lessee does not exercise its option for a first Renewal Term within the time frame provided herein, Lessee shall automatically and simultaneously forfeit its second option to lease the Premises for a second Renewal Term, and Lessee shall no longer have any rights or interest in the Premises following the expiration of the Initial Term. Likewise, if Lessee does not exercise its option for a second Renewal Term within the time frame provided herein, Lessee shall automatically and simultaneously forfeit its third option to lease the Premises for a third Renewal Term, and Lessee shall no longer have any rights or interest in the Premises following the expiration of the second Renewal Term. 2. 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 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. CFW Meacham Airport John J.Janovetz Amendment No.3 to CSC No.11628 Page 2 of 4 IN WITNESS WHE OF, the parties hereto have executed this Agreement in multiples on this the lei`-`day of 92009. CITY OF FORT WORTH: By: T.M. Higgins Assistant City Manager Date: -OV-109 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 T.M. Higgins, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this a day 72009. er U*.. MAFIA S. SANCHEZ NOTARY PUBLICSTATE OF TEXAS My Comm.Exp.12-14-2009 Not Public in and for the State o exas APPROVED AS TO FORM ATTEST: AND LEG,ALnITY: By: (_l (.l-�J1 ,� � Y�C � By: Charlene Sanders Marty Hend Assistant City Attorney City Secretary M&C: CFW Meacham Airport John J.Janovetz Amendment No.3 to CSC No. 11628 Page 3 of 4 OFF,C�`/t4 !p�eCRDwOp WY FT.WOR[Af!. TX LESSEE: ATTEST: By: By: Na e:Joh J. J novetz Title: Individual Date: a- /�' ROO STATE OF TEXAS § COUNTY OF--Tjavv r u✓l-{ § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John J. Janovetz, 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 John J. Janovetz and that s/he executed the same as the act of John J. Janovetz for the purposes and consideration therein expressed and in the capacity therein stated. GI V rLiN Ur LER MY HAND AND SEAL OF OFFICE this 1 day -G ✓kt ot v , 2009. 0 "P -.s LEA7�-, xas Not P blic m and fo t e St too Texas Noiary PuM-jCcSEP CFW Meacham Airport John J.Janovetz Amendment No.3 to CSC No. 11628 Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/1712009 DATE: Tuesday, February 17, 2009 REFERENCE NO.: **C-23346 LOG NAME: 55JANOVETZ 5 SUBJECT: Authorize Amendment No. 3 to City Secretary Contract No. 11628, as Amended and Assigned, with John J. Janovetz, d/b/a Lone Star Aero, for Lease Site 50S at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 3 to provide one additional five-year option to City Secretary Contract No. 11628, as amended and assigned, with John J. Janovetz, d/b/a Lone Star Aero, for Lease Site 50S at Fort Worth Meacham International Airport. DISCUSSION: On April 2, 1981, (M&C C-5442) City Council authorized the execution of City Secretary Contract (CSC) No. 11628, a 25-year unimproved ground lease with Texas Aviation Engineering Company, which commenced on January 1, 1981, and expired December 31, 2005, with two five-year options to renew for a total of 35 years. This lease site included 3,120 square feet of unimproved land identified as Lease Site 50S at Fort Worth Meacham International Airport. A 2,600 square foot hangar was constructed as approved. On January 1, 2006, (M&C C-21281) per CSC No. 33519, the first of two five-year options to renew the lease commenced extending the term of CSC No. 11628 to December 31, 2011. On September 20, 2007, (M&C C-22378) City Council authorized Texas Aviation Engineering Company to assign leasehold interest under CSC No. 11628 to John J. Janovetz. Under CSC No. 35823, John J. Janovetz assumed all of the privileges and obligations associated with the original lease. CSC No. 35828 was executed to increase the rental rates in accordance with the current established Schedule of Rates and Charges, as was agreed with the assignment. Staff has received a formal request from Mr. Janovetz to amend and extend the term of the lease by five years to provide for a total of 40 years. Mr. Janovetz has completed and would like to complete further significant improvements to Hangar 50S and an additional five years will help him recoup his investment. Staff has no objections of granting an additional five-year option to provide up to three five-year renewal options for a total of 40 years, not exceeding the 40-year hangar lease term policy. The lease will be a 25-year term with three consecutive five-year renewal options not to exceed past December 31, 2021. All other terms and conditions will remain unchanged and in effect. The property is located in COUNCIL DISTRICT 2. 1 ncmnmP• 55TANOVF.T7. 5 Page 1 of 2 FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office Carl Smart (6525) Originating Department Head: Kent Penney (5403) Additional Information Contact: Leah Jipp (5409) ATTACHMENTS No attachments found. Logname: 55JANOVETZ 5 Paize 2 of 2