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HomeMy WebLinkAboutContract 26680co�v RACT � � ?( �U FORT WORTH MEACHAM INTERNATIONAL AIRPORT GROUND LEASE AGREEMENT WITH MANDATORY IMPROVEMENTS (HANGARS 21N AND 311� This GROiTND LEASE AGREEMENT ("Lease") 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 acting by and through its duly authorized Assistant City Manager, and TEXAS JET, INC. ("Lessee"), a Texas corporation acting by and through Reed Pigman, Jr., its duly authorized President. The following introductory provisions are true and correct and form the basis of this Lease: A. Lessor and TAB Services, Inc. previously entered into City Secretary Contract ("CSC") No. 10048, a lease of approximately 78,105 square feet of unimproved land (the "Premises") at Fort Worth Meacham International Airport ("Airport"). TAB then constructed an aircraft hangar, known as Hangar 21N, on the Premises. Lessor took full title to Hangar 21N upon its completion. B. CSC No. 10048 was subsequently assigned to Lessee pursuant to CSC No. 17380 and amended in part by CSC No. 17672. ' C. Lessee now wishes to construct an additional aircraft hangar on the Premises. Because CSC No. 10048 is due to expire on September 30, 2004, Lessee wishes to terminate CSC No. 10048 and enter into a new lease with a term that will allow Lessee to amortize its additional investment on the Premises. Lessor is willing to consent to Lessee's request only on the terms and conditions set forth in this Lease, and Lessee is willing to accept the terms and conditions set forth in this Lease. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. TERMINATION OF CSC NO. 10048. CSC No. 10048, as assigned and amended (collectively the "Previous Lease"), is hereby terminated contemporaneously with the execution of this Lease. However, such termination shall not constitute (i) a release by Lessor of any liability of Lessee or obligation of Lessee to indemnify Lessor accruing under the Previous Lease or (ii) a waiver of one party to enforce any unperformed duties or obligations of the other under the Previous Lease. Article VII,B of CSC No. 10048 shall specifically survive termination of the Previous Lease. 21N/31N Ground Lease Texas Jet, Inc. 1 ���i;�G;'':;U�;,i�lG'�C���� y J'���llf NJI�'� �`'Lc71/'`"LS" � (r �i�di' J�II ��Ij� II� t��dA �ll� ���� j 2. PROPERTY LEASED. Lessor hereby demises to Lessee 78,105 square feet of improved land at the Airport known as the Hangar 21N and 31N lease site, as shown on Exhibit ��A", attached hereto and hereby made a part of this Lease for all purposes. This improved land is the same land leased to Lessee under the Previous Lease. Exhibit "A" specifically delineates, among other things, Hangar 21N; the improved land surrounding Hangar 21N; and the improved land comprising the Hangar 31N lease site, on which Hangar 31N will be built in accordance with Section 6.1 of this Lease. Unless otherwise specifically noted, all of the land comprising the Hangar 21N and 31N lease site shall collectively be referred to as the "Premises" in this Lease. 3. TERM OF LEASE. 3.1. Initial Term. The "Initial Term" of this Lease shall commence on the date of its execution ("Effective Date") and expire at 11:59 P.M. on September 30, 2030, unless (i) terminated earlier as provided herein or (ii) Lessee fails to diligently commence construction of the Mandatory Improvements, as defined and set forth in Section 6.1, within six (6) months following the Effective Date, in which case the Initial Term shall expire at 11:59 P.M. on September 30, 2009 without any renewal right as provided in Section 3.2. � 3.2 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 two (2) consecutive rights of first refusal to renew this Lease for two (2) additional successive terms of five (5) years each (each a"Renewal Term") at rental rates which, on the effective date of a Renewal Term, comply with Lessor's Schedule of Rates and Charges or similarly published schedule as to aircraft hangar space and improved land at the Airport, and on other terms and conditions that may be prescribed by Lessor at the time; provided, however, that if Lessee does not accordingly renew this Lease in writing for a first Renewal Term, Lessee will forgo its right of first refusal to lease the Premises for a second Renewal Term. In order to exercise its rights of first refusal to renew this Lease, Lessee shall notify the City in writing of its desire to renew this Lease no less than one hundred twenty (120) days and no more than one hundred eighty (180) days prior to the expiration of the term then in effect. 3.3. Holdover. If Lessee holds over after the expiration of the Initial Term or any Renewal Term, this action will create a month-to-month tenancy. In this event, for and during the holdover period, Lessee agrees to pay all applicable rentals, fees and charges at the rates provided by Lessor's Schedule of Rates and Charges or similarly published schedule in e_ffect at the time. �- ---�-��- -- ' � , _�' �, i�� ,�`;�j -� � � �'�Uu'_. ���- ,.., �� ��,',�-�: �k?f�, 21N/31N Ground Lease 2 � (U C��� n,"� �j(� ��,� I�'� ��'u� Texas Jet, Ina ` � 7 � Y i`rv' Ci' � � U,i�' cl,,,'.�,�-,`il'�.����� J[��5� �t��a�.,_-- - .� — -- 4. RENT. 4.1. Han�ar 21N. 4.1.1. Between Effective Date and September 30, 2009. 4.1.1.1. From the Effective Date of this Lease until September 30, 2004, Lessee shall pay Lessor as annual rent for the portion of the Premises comprising Hangar 21N a sum equal to (i) the square footage of Hangar 21N multiplied by (ii) $0.19 per square foot, which is equal to the unimproved ground rental rate at the Airport in effect on the Effective Date of this Lease and is the rate that was guaranteed to Lessee for that time period under the Previous Lease. In the event that the Effective Date of this Lease is a day other than the first (lst) day of a respective month, the first month's rental payment shall be prorated in accordance with the number of days remaining in that month. 4.1.1.2. From October 1, 2004 until September 30, 2009, Lessee shall pay Lessor as annual rent for the portion of the Premises comprising Hangar 21N a sum equal to (i) the square footage of Hangar 21N multiplied by (ii) the unimproved ground rental rate at the Airport in effect on October 1, 2004, which is the rate that was guaranteed to Lessee for that time period under the Previous Lease. 4.1.2. Between October 1, 2009 and September 30, 2010. From October 1, 2009 until September 30, 2010, annual rent for Hangar 21N shall be adjusted to equal (i) the square footage of Hangar 21N multiplied by (ii) the hangar rate at the Airport in effect on October 1, 2009. 4.1.3. After September 30, 2010. Beginning October 1, 2010 and on October lst of each year thereafter for remainder of the Initial Term and during any Renewal Tertn, annual rent shall be adjusted in accordance with Sections 3.2, 4.3 and 4.4, as appropriate. 4.2. All Portions of the Premises Other than Han�ar 21N. 4.2.1. Between Effective Date and September 30, 2009. 4.1.1.1. From the Effective Date of this Lease until September 30, 2004, Lessee shall pay Lessor as annual rent for all �ortions_ of the P���� s other than Han ar 21N i.e. the im roved land surr ut��n � I~�an �, �� �d the g �� p _ g, . . ' � �"� � � , ;;;,�; � � li � u ll�.i; ii l� '������.. il 21N/31NGroundLease 3 (c''� ��'i'r""t! q j�` Texas Jet, Inc. U I).� u�; ��4���.�_ ��f �!1 �15�n improved land comprising the Hangar 31N lease site, on which Hangar 31N will be built in accordance with Section 6.1 of this Lease) a sum equal to (i) the square footage of such portions of the Premises multiplied by (ii) $0.19 per square foot, which is equal to the unimproved ground rental rate at the Airport in effect on the Effective Date of this Lease and is the rate that was guaranteed to Lessee for that time period under the Previous Lease. In the event that the Effective Date of this Lease is a day other than the first (lst) day of a respective month, the first month's rental payment shall be prorated in accordance with the number of days remaining in that month. 4.1.1.2. From October 1, 2004 until September 30, 2009, Lessee shall pay Lessor as annual rent for all portions of the Premises other than Hangar 21N a sum equal to (i) the square footage of such portions of the Premises multiplied by (ii) the unimproved ground rental rate at the Airport in effect on October 1, 2004, which is the rate that was guaranteed to Lessee for that time period under the Previous Lease. 4.2.2. Between October 1, 2009 and September 30, 2010. From October 1, 2009 until September 30, 2010, annual rent for all portions of the Premises other than Hangar 21N shall be adjusted to equal (i) the square footage of such portions of the Premises multiplied by (ii) the improved ground rental rate at the Airport in effect on October 1, 2009. 4.2.3. After Sentember 30, 2010. Beginning October l, 2010 and on October lst of each year thereafter for remainder of the Initial Term and during any Renewal Term, annual rent shall be adjusted in accordance with Sections 3.2, 4.3 and 4.4, as appropriate. 4.3. Annual Adiustments. Subject to Section 4.4 of this Lease, the rental rates payable by Lessee pursuant to Sections 4.1.3 and 4.2.3 shall be subject to increase by Lessor to reflect the upward percentage change, if any, in the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, or similar index, as announced by the United States Department of Labor or successor agency (i), for the first increase, since the Effective Date of this Lease and (ii), for each subsequent increase, since the effective date of the last increase; provided, however, that Lessee's rental rates, as adjusted, shall not at any time exceed the then-current rates for the same types of property as prescribed by Lessor's Schedule of Rates and Charges or similarly published schedule in effect at the time. 21N/31N Ground Lease 4 Texas Jet, Inc. � '" ,�� ������ _,��i� , �,, ��:'�.��"��(����� � �� � �� }� �`�'�'�� �� 4 ,�rr'; �;•f;U ,;(��,T,ti� �'����„ i. �I � i � �J,�> >,���`:v�ii�jJ .�i��,r�"'a'�o 4.4. Five-Year Adiustments. In addition to the rental rate adjustments set forth in Section 4.3 of this Lease, on October 1, 2011, and every five (5) years thereafter during the Initial Term (i.e. October lst of 2016, 2021 and 2026), the rental rates payable by Lessee pursuant to Sections 4.1.3 and 4.2.3 shall automatically be adjusted to equal the then-current rates for the same types of property as prescribed by Lessor's Schedule of Rates and Charges or similarly published schedule in effect at the time. 4.5. Pavment Dates and Late Fees. Annual rent under this Lease may be paid in monthly installments. Monthly rent payments shall be due on or before the first (lst) day of each month. Payments must be received during normal working hours by the due date at the location for Lessor's Revenue Office set forth in Section 17. Rent shall be considered past due if Lessor has not received full payment after the tenth (lOth) day of the month for which payment is due. Without limiting Lessor's termination rights as provided by this Lease, Lessee shall pay a late penalty charge assessed by Lessor equal to ten percent (10%) per month on the entire balance of any overdue rent that Lessee may accrue. 5. DEPOSIT. ` Upon execution of this Lease, Lessee will remit to Lessor a cash deposit equal to one (1) month's rent ("Deposit"). Thereafter, Lessee shall, at a minimum, maintain the balance of its Deposit in an amount that is equivalent to one (1) month's rent at that time. However, if circumstances dictate, Lessor may increase the amount of the Deposit to a reasonable swn in excess of one (1) month's rent. Lessee will not be entitled to any interest on the Deposit. Lessor may use the Deposit to cover any of Lessee's obligations under this Lease, such as, by way of example but without limitation, payment for repairs that are Lessee's responsibility or for the last month's rent. Unless Lessor terminates this Lease for any breach or default by Lessee, Lessor will refund any unused portion of the Deposit within thirty (30) days following the date that Lessee vacates the Premises. Lessee acknowledges and agrees that if Lessor terminates this Lease for any breach or default by Lessee, Lessor shall be entitled to retain the entire balance of the Deposit as liquidated damages, and not as a penalty, for administrative costs associated with the termination process. Lessor and Lessee hereby agree that this amount is a reasonable approximation of the actual damages that Lessor will incur as a result of the termination process. Assessment of such liquidated damages shall not serve as a waiver by Lessor to collect any past-due rent or other damages to which Lessor may be entitled. 21N/31N Ground Lease Texas Jet, Inc. ����U�9��: Ol�;;;�. ���� �rr �,n ��, J1,.:_ 5 �;_ .Q;ri� SiC���::, f?����� �� � Il'�� �i (1)CS')fVil U t�G�n 6. CONSTRUCTION AND IMPROVEMENTS. 6.1. Mandatory Improvements. Lessee covenants and agrees that it shall improve the Premises in accordance with the time frames, milestones, specifications and other conditions of Exhibit "B", attached hereto and made a part of this Lease for all purposes. Such improvements shall hereafter be referred to as "Mandatory Improvements". Lessee shall diligently commence construction of the Mandatory Improvements within six (6) months following the Effective Date of this Lease. Lessee shall fully comply with all provisions of this Section 6 in the performance of any of the Mandatory Improvements. In the event that Lessee requests any changes to E�ibit "B" and Lessor approves such changes in writing, a revised Exhibit "B" signed by both Lessor and Lessee shall be attached to and made a part of tlus Lease. Lessor shall take full title to the Mandatory Improvements upon the issuance of a final certificate of occupancy for the Mandatory Improvements. 6.2. Discretionary Improvements. Lessee may, at its sole discretion, perform modifications, renovations or improvements on the Fremises in addition to those required by Section 6.1 ("Discretionary Improvements"). However, Lessee may not initiate any kind of Discretionary Improvement unless it first submits all plans, specifications and estimates for the costs of the proposed work in writing and also requests and receives in writing approval from the Aviation Department Director or authorized representative ("Director"). Lessee covenants and agrees that it shall fully comply with all provisions of this Section 6 in the performance of any Discretionary Improvements. Lessor shall take full title to any Discretionary Improvements on the Premises upon the issuance of a certificate of occupancy for such improvements or, if a certificate of occupancy is not required for any given Discretionary Improvement, upon acceptance in writing by Lessor of such Discretionary Improvement. 6.3. Process for Approval of Plans. Lessee's plans for construction and improvements shall conform to the Airport's architectural standards and must also receive written approval from the City's Departments of Development, Engineering and TransportationlPublic Works. All plans, specifications and work shall conform to all federal, state and local laws, ordinances, rules and regulations in force at the time that the plans are presented for review. 6.4. Documents. Lessee shall supply the Director with comprehensive sets of documentation relative to any modification, renovation, construction or improvement, including, at a minimum, as- built drawings of each project. As-built drawings shall be new dra �s�o� ��tl�r�h�rg� � �� ,� u �;,,� I� � � !! 1',`,���.;I . ,. , � �� ��' s �-��i� Cr � ��V��IU �,I�fa!':-;u,;:��:;�1�",u�i� (t;`�'1 ��+, ��I.;` G� �j����tit 21N/31NGroundLease 6 U ua ��� �_(��1J ����`; Texas Jet, Ina =� � ,�" "`` '-."' to drawings previously provided to the Director. Lessee shall supply the textual documentation in computer format as requested by Lessor. 6.5. Bonds Required of Lessee. Prior to the commencement of any Mandatory or Discretionary Improvement, Lessee shall deliver to Lessor a bond, executed by a corporate surety in accordance with Texas Government Code, Chapter 2253, as amended, in the full amount of each construction contract or project. The bonds shall guarantee (i) satisfactory compliance by Lessee with all requirements, terms and conditions of this Lease, including, but not limited to, the satisfactory completion of the respective modifications, renovations, construction projects or improvements, and (ii) full payments to all persons, firms, corporations or other entities with whom Lessee has a direct relationship for the performance of such modifications, renovations, construction projects or improvements. In lieu of the required bond, Lessee may provide Lessor with a cash deposit or an assignment of a certificate of deposit in an amount equal to one hundred twenty-five percent (125%) of the full amount of each construction contract or project. If Lessee makes a cash deposit, Lessee shall not be entitled to any interest earned thereon. Certificates of deposit shall be from a financial institution in the Dallas/Fort Worth Metropolitan Area which is insured by the Federal Deposit Insurance Corporation and acceptable to Lessor. The interest earned on the certificate of deposit shall be the property of Lessee and Lessor shall have no rights in such interest. If Lessee fails to complete the respective modifications, renovations, construction projects or improvements, or if claims are filed by third parties on grounds relating to such modifications, renovations, construction projects or improvements, Lessor shall be entitled to draw down the full amount of Lessee's cash deposit or certificate of deposit. 6.6. Bonds Required of Lessee's Contractors. Prior to the commencement of any modification, renovation, improvement or new construction, Lessee's respective contractor shall execute and deliver to Lessee surety performance and payment bonds in accordance with the Texas Government Code, Chapter 2253, as amended, to cover the costs of all work performed under such contractor's contract for such modifications, renovations, improvements or new construction. Lessee shall provide Lessor with copies of such bonds prior to the commencement of such modifications, renovations, improvements or new construction. The bonds shall guarantee (i) the faithful performance and completion of all construction work in accordance with the final plans and specifications as approved by the City and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of the construction contract. Such bonds shall name to both Lessor and Lessee as dual obligees. If Lessee serves as its own contractor, Section 6.5 shall apply. 21N/31N Ground Lease Texas Jet, Inc. � '�`�����=���� ���N G�-'�� o G�D � ,� � f,� -�v;�, ���,^G�,����,,� � �� u�.. ,: � it�„ � �r�� ����`t�'���_VW � �.�_ ` `' `=-�'-� p ���o 6.7. Releases bv Lessor Upon Comnletion of Construction Work. Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit account or reduction of its claim upon Lessor's certificate of deposit upon (i), where Lessee serves as its own contractor, verification that Lessee has completed construction work or (ii), where Lessee uses a contractor, receipt of the contractor's invoice and verification that the contractor has completed its work and released Lessee to the extent of Lessee's payment for such work, including bills paid, affidavits and waivers of liens. 7. UTILITIES. Lessee shall be responsible for all costs and expenses associated with the use, extension, installation, maintenance or repair of any and all utilities serving the Premises, including, but not limited to, water, sanitary sewer, electric, gas and telephone utilities. In addition, Lessee agrees that all utilities, air conditioning and heating equipment and other electrically-operated equipment which may be used on the Premises shall fully comply with Lessor's Mechanical, Electrical, Plumbing, Building and Fire Codes, as they exist or may hereafter be amended ("Codes"). 8. MAINTENANCE AND REPAIRS. 8.1. Maintenance and Repairs bv Lessee. Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at all times. Lessee covenants and agrees that it will not make or suffer any waste of the Premises. Lessee will, at Lessee's sole cost and expense, make all repairs necessary to prevent the deterioration in condition or value of the Premises, including, but not limited to, the maintenance of and repairs to all structures, including, but not limited to, doors, windows and roofs, and all fixtures, equipment, modifications and pavement on the Premises. Lessee shall be responsible for all damages caused by Lessee, its agents, servants, employees, contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all such damages at Lessee's sole cost and expense. Lessee agrees that all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Premises shall be at Lessee's sole risk or at the sole risk of those claiming under Lessee. Lessor shall not be liable for any damage to such property or loss suffered by Lessee's business or business operations, which may be caused by the bursting, overflowing or leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of any other matter. 21N/31N Ground Lease Texas Jet, Inc. � ---- -- - -_ -�_.- - - ._- �����'V'� ����� ����� � I� I �•'� UzL�L'C'/,l�l �r �: u,_ � F i� ��'f ��f�rr' <<�[�`�;�`�1G�°�( 8 ,. �� v t. ��-:. �, � ; r-: • i i-� �� ��Io �����:l�i;_'�lit�� ���� 8.2. Inspection. 8.2.1. Lessor shall have the right and privilege, through its officers, agents, servants or employees, to inspect the Premises for any reason. Except in the event of an emergency, Lessor shall conduct its inspections during Lessee's ordinary business hours and shall use its best efforts to provide Lessee at least two (2) hours notice prior to the inspection. 8.2.2. If Lessor determines during an inspection of the Premises that Lessee is responsible under this Lease for any maintenance or repairs, Lessor shall notify Lessee in writing. Lessee agrees to initiate such maintenance or repair work diligently within thirty (30) calendar days following receipt of such notice and to then complete such maintenance or repair work within a reasonable time, considering the nature of the work to be done. If Lessee fails to initiate the recommended maintenance or repairs within such time or fails to complete the maintenance or repairs within a reasonable time thereafter, Lessor may, in its discretion, perform such maintenance or repairs on behalf of Lessee. In this event, Lessee will reimburse Lessor for the cost of the maintenance or repairs and Lessor's time in performing such maintenance or repairs within thirly (30) calendar days of receipt of an invoice from Lessor. 8.2.3. During any inspection, Lessor may perform any obligations that Lessor is authorized or required to perform under the terms of this Lease or pursuant to its governmental duties under federal state or local laws, Codes, rules or regulations. 8.2.4. Lessee will permit the City's Fire Marshal or his or her authorized agents to inspect the Premises, and Lessee will comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Premises into compliance with the Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. Lessee shall maintain in proper condition accessible fire extinguishers of a number and type approved by the Fire Marshal or his or her authorized agents for the particular hazard involved. 8.3. Environmental Remediation. To the best of Lessor's knowledge, the Premises comply with all applicable federal, state and local environmental laws, regulations and standards. Lessee agrees that it has inspected the Premises and is fully advised of its own rights without reliance upon any representation made by Lessor concerning the environmental condition of the Premises. LESSEE, AT LESSEE'S SOLE COST AND EXPENSE, AGREES THAT IT SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAWS, REGULATIONS OR STANDARDS THAT IS CAIISED BYLESSEE, ITS OFFICERS, 21N/31N Ground Lease Texas Jet, Inc. � ��;��G��;�� ,;� � G�[�c�u��;D� 9 � �';U�1 ��l���li��llG"�US�� �d ����J�`'s'�� �((�}�a AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES AND FOR ANYREQUIRED REMEDIATIDN THEREOF. 9. DAMAGE OR DESTRUCTION TO PREMISES. In the event of fire or other casualty which damages or destroys all or any part of the Premises, the following provisions shall apply: 9.1. Covera�e bv Lessee's Insurance. Lessee's property insurance, as required by Section 13.1 of this Lease, shall be primary to any insurance on the Premises carried by Lessor and shall be used exclusively to repair or rebuild the damaged or destroyed portions of the Premises. Lessee shall be responsible for oversight of all repairs or reconstruction on and to the Premises and shall repair or rebuild the damaged or destroyed portions of the Premises to the size and standards that meet or exceed the size and standards of such portions of the Premises prior to the damage or destruction. All repair and reconstruction activities carried out by or on behalf of Lessee shall be conducted in accordance with Sections 6.2 through 6.7 of this Lease. 9.2. Premises Uninsured or Underinsured by Lessee. If Lessee fails to carry adequate property insurance in accordance with Section 13.1 of this Lease, Lessor, at Lessor's sole option, may (i) terminate this Lease upon thirty (30) days' advance written notice to Lessee or (ii) repair or rebuild the Premises substantially to its former condition at Lessor's own cost and expense. If Lessor notifies Lessee in writing within thiriy (30) days following the date of damage or destruction that Lessor intends to undertake the necessary repairs or reconstruction, and the damage or destruction does not render the affected portion of the Premises untenable, this Lease shall continue in effect without any rent abatement whatsoever so long as Lessor diligently commences the repairs or reconstruction within one hundred eighty (180) days from the date of the damage or destruction. If the damage or destruction does render the affected portion of the Premises temporarily untenable, or Lessor does not commence the repairs or reconstruction within one hundred eighty (180) days from the date of the damage or destruction, then for the period of time between the date of damage or destruction and the date a certificate of occupancy is issued for the portion of the Premises that was rendered untenable, rent shall be proportionally reduced by the amount of square footage rendered untenable. Upon the issuance of a certificate of occupancy and thereafter, rent shall comply with Lessor's Schedule of Rates and Charges or similarly published schedule in effect at the time as they apply to the Premises as improved by Lessor. In other words, if Lessee was paying an unimproved ground rate and, pursuant to this Section 9.2, Lessor repaired or rebuilt an aircraft hangar originally constructed by Lessee, then the subsequent rental rate would not be that for unimproved land, but rather that which applied to similar hangar space at the Airport at the time. 21N/31N Ground Lease Texas Jet, Inc. ����c�i;co�� �-�������� �; �l 1r ��!'= ��� i "�G�"i� io P���Ru�';�1��� 5J1��54 ��a �u�� �� 10. USE OF PREMISES. Lessee hereby agrees to use the Premises only for aviation-related purposes that are acceptable to Lessor. Lessee is hereby pronibited from the provision, without limitation, of the following concessions: ground transportation for rent or hire, including taxi and limousine service; food sales; barber and valet services; alcoholic beverage sales; sales of pilot supplies; newsstands; and gift and other retail shops. However, Lessee may install and operate vending machines on the Premises for use by Lessee and its employees. 11. SIGNS . 11.1. Aircraft Movement Zone Sign. Lessee, at Lessee's sole cost and expense, shall install by each doorway inside any structure on the Premises which permits access to an aircraft movement zone a sign that indicates that the area outside the doorway is located within an aircraft movement zone. The Director must improve in writing the wording, size, appearance and location of any such sign prior to its installation. 11.2. Additional Signs. Lessee may, at its own expense and with the prior written approval of the Director, install signs on the Premises that indicate or relate to Lessee's operations on the Premises. 11.3. Maintenance and Removal of Si�ns. Lessee shall maintain all signs on the Premises in a safe, neat, sightly and physically good condition. Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises or other Airport property that results from the installation, maintenance, repair or removal of any such signs. Lessee also agrees to remove any sign at its own expense immediately upon receipt of instructions from the Director. 12. RIGHTS AND RESERVATIONS OF LESSOR. Lessor hereby retains the following rights and reservations: 12.1. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, including, but not limited to, the right to prevent Lessee from erecting or permitting to be erected any building or other structure which, in the opinion of Lessor, would limit the useftilness of the Airport, constitute a 21N/31N Ground Lease 11 (�r(�I9 �` p/� p r;p ��`� �;,� Texas Jet, Inc. � u�I '�G�'�s U«�JG�U �QI�',� ��!� U����a�'� r�� �fl��l�;��?Pn �cmn hazard to aircraft or diminish the capability of existing ar future avigational or navigational aids used at the Airport. 12.2. Lessor reserves the right to close temporarily the Airport or any of its facilities for maintenance, improvements, safety or security of either the Airport or the public, or for any other cause deemed necessary by Lessor. In this event, Lessor shall in no way be liable for any damages asserted by Lessee, including, but not limited to, damages from an alleged disruption of Lessee's business operations. 12.3. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States Government which relates to the operation or maintenance of the Airport and is required as a condition for the expenditure of federal funds far the development, maintenance or repair of Airport infrastructure. 12.4. During any war or national emergency, Lessor shall have the right to lease any part of the Airport, including its landing area, to the United States Government. In this event, any provisions of this instrument which are inconsistent with the provisions of the lease to the Government shall be suspended. Lessor shall not be liable for any loss or damages alleged by Lessee as a result of this action. However, nothing in this Lease shall prevent Lessee from pursuing any rights it may have for reimbursement from the United States Governinent. 12.5. Lessar covenants and agrees that during the term of this Lease it will operate and maintain the Airport and its facilities as a public airport consistent with and pursuant to the Sponsor's Assurances given by Lessor to the United States Government through the Federal Airport Act. Lessee agrees that this Lease and I,essee's rights and privileges hereunder shall be subordinate to the Sponsor's Assurances. 12.6. Lessee's rights hereunder shall be subject to all existing and future utility and drainage easements and rights-of-way granted by Lessor for the installation, maintenance, inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer, communication or other utility companies. Lessee's rights shall additionally be subject to all rights granted by any ordinance or statute which allows utility companies to use publicly owned property for the provision of utility services. 13. INSURANCE. 13.1. Types of Coverage and Limits. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified in this Section 13, �zamitzg tlze City of Fort Wortlz as afi additional insured and covering all risks related to the leasing, use, occupancy, maintenance, existence or location of the Premises. Lessee shall obtain the following insurance coverage at the limits specified herein: ..�,_ �_ -_�_��q �- „ ���G`��B c�G�� G�_'l�r��,�D 21N/31N Ground Lease 12 � ,� - Texas Jet, Inc. ��u U����L• 4�1 r_',��� + � If uo �����; :��l�Ullp �LSWo �I • Pro er • Fire and Extended Coverage on all improvements at full replacement cost limit; • Commercial General Liabili .ty: $1,000,000 per occurrence, including products and completed operations; • Automobile Liabilit,y: $1,000,000 per accident, including, but not limited to, coverage on any automobile used in Lessee's operations on the Premises; • Han�arkeepers' Le�al Liability: $1,000,000 per occurrence. In addition, Lessee shall be responsible for all insurance to construction, improvements, modifications or renovations to the Premises and for personal property of its own or in its care, custody or controL 13.2. Adjustments to Required Coverage and Limits. Insurance requirements, including additional types of coverage and increased limits on existing coverages, are subject to change at Lessor's option and as necessary to cover Lessee's operations at the Airport. Lessee will accordingly comply with such new requirements within thirty (30) days following notice to Lessee. 13.3. Certificates. On or prior to the Effective Date, Lessee shall furnish Lessor with appropriate certificates of insurance signed by the respective insurance companies as proof that it has obtained the types and amounts of insurance coverage required herein. Lessee hereby covenants and agrees that not less than thirty (30) days prior to the expiration of any insurance policy required hereunder, it shall provide Lessor with a new or renewal certificate of insurance. In addition, Lessee shall, at Lessor's request, provide Lessor with evidence that it has maintained such coverage in full force and effect. 21N/31N Ground Lease Texas Jet, Inc. � �� c��������cC��',��, G,��r;C �����[� � J I-., n rr ����� r���cc ��;�,ti;1 �,�, �:,- � .:: �, �, �; �a � � i3 �iC �����i�ii' �'i�n� }� r,�u� '� �� ��i�t ��5� �, 13.4. Additional Requirements. Lessee shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance shall be endorsed to cover all of Lessee's operations at the Airport and to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non- renewal or amendment, shall be made without thirty (30) days' prior written notice to Lessor. 14. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Lessee shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of Lessor. Lessee shall have 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, patrons, licensees and invitees. Lessee acknowledges that the doctrine of f-espondeat sacperior shall not apply as between Lessor and Lessee, its officers, agents, employees, contractors and subcontractors. Lessee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor and Lessee. 15. INDEMIVIFICATION. This Section 15 shall survive the expiration or earlier termination of this Lease. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY ICIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF OR OPERATIONS ON THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES OR ANYIMPROVEMENTS THEREON, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LES.SOR, ITS SERVANTS, AGENTS OR EMPLOYEES. LESSEE COVENANTS AND AGREES TO, AND DDES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OU �`���" � !<�'�i�V''::����'-.'� ��'�'Ir,��.�(�?� 21N/31N Ground Lease 14 { `� 1��l/� �N� � ��rUJ Texas Jet, Inc. � ���r � li U�JIS�r;I`�� !; Il�i;'uU��; U i�� ¶�{�r1,il�� ��,�� , � � _ � � � i u �1� � C �,�� �-_- CONNECTION WITH THE USE, LEASING, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES OR ANYIMPROVEMENTS THEREON, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENCE OR INTENTIONAL MISCOND UCT OF LESSOR, ITS SERVANTS, AGENTS OR EMPLOYEES. LESSEE ASSUMES ALL RESPOl`1SIBILITYAND AGREES TO PAYLESSOR FOR ANYAND ALL INJURIES OR DAMAGES TO AIRPORT PROPERTY, THE PREMISES OR ANYIMPROVEMENTS THEREON WHICHARISE OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIDNS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCOND UCT OF LESSOR, ITS SER VANTS, AGENTS OR EMPLOYEES LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS PROPERTY. LESSOR IS OBLIGATED ONLY TO PROVIDE SECURITYADEQUATE TO. MAINTAIN LESSOR'S CERTIFICATION UNDER FAA REGULATIONS. LESSEE SHALL COMPLY WITH ALL APPLICABLE REGULATIONS OF THE FAA RELATING TO AIRPORT SECURITY. LESSEE SHALL PAY ALL FINES IMPOSED BY THE FAA ON LESSOR OR LESSEE RESULTING FROM LESSEE'S FAILURE TO COMPLY WITH SUCH FAA REGULATIONS OR TD PREVENT UNAUTHORIZED PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES. 16. TERMINATION. In addition to termination rights contained elsewhere in this Lease, Lessor shall have the right to terminate this Lease as follows: 16.1. Failure by Lessee to Pay Rent, Fees or Other Char�es. If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor shall deliver to Lessee a written invoice and notice to pay the invoice within ten (10) calendar days. If Lessee fails to pay the balance outstanding within such time, Lessor shall have the right to terminate this Lease irrunediately. 16.2. Breach or Default by Lessee. If Lessee commits any breach or default, other than Lessee's failure to pay rent, Lessor shall deliver written notice to Lessee specifying the nature of such breach or default. Lessee shall have thiriy (30) calendar days following such written notice to cure, adjust or correct the problem to the standard existing prior to the breach. If Lessee fails to cure the breach or default within such time period, Lessor shall have the right to terminate this Lease immediately. -�-� -��- � �- � 21N/31N Ground Lease Texas Jet, Inc. �• � ,,, °��GG���D�d G'C��u(�I� �5 �� 0�'�� ��:�. ���C��i;1G�1� � ��ul;'��� 1J �l��i�� � . --'==-z�-x-�_3.-�-_'--�... � 17 16.3. Lessee's Financial Obli�ations to Lessor upon Termination. If Lessor terminates this Lease for any breach or default, Lessee shall be liable for and shall pay to Lessor any past due rent due Lessor far the remainder of the term then in effect as well as all arrearages of rentals, fees and charges payable hereunder. In no event shall a reentry onto or reletting of trie Premises by Lessor be construed as an election by Lessor to forfeit any of its rights under this Lease. 16.4. Ri�hts of Lessor Upon Termination or Expiration. Upon termination or expiration of this Lease, all rights, powers and privileges granted to Lessee hereunder shall cease. Lessee shall remain liable to Lessor for any breach or default under this Lease or other obligation arising prior to the effective date of termination or expiration. Within twenty (20) days following the effective date of termination or expiration, Lessee shall remove from the Premises all trade fixtures, tools, inachinery, equipment, materials and supplies placed on the Premises by Lessee pursuant to this Lease. After such time, Lessor shall have the right to take full possession of the Premises, by force if necessary, and to remove any and all parties and property remaining on any part of the Premises. Lessee agrees that it will assert no claim of any lcind against Lessor, its agents, servants, employees or representatives, which may stem from Lessor's termination of this Lease or any act incident to Lessor's assertion of its right to terminate or Lessor's exercise of any rights granted hereunder. NOTICES. Notices required pursuant to the provisions of this Lease shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) deposited in the United States Mail, postage prepaid, addressed as follows: To LESSOR: For Rent: City of Fort Worth Revenue Office 1000 Throckmorton Fort Worth, TX 76102 21N/31N Ground Lease 16 Texas Jet, Inc. For All Other Matters: Aviation Deparhnent 4201 N. Main Street, Suite 200 Fort Worth, TX 76106-2749 � �������Oc��R ����� ��r�D � �����`I���,���,��C`;l;a ��� 1 : °F�I �"'�`� ���r' iii � �l ��l�i�� � � `_-k� ��:�il� U �a To LESSEE: Texas Jet, Inc. Attn: Reed Pigman, Jr: Hangar 23N 200 Texas Way Fort Worth, TX 76106-2782 18. ASSIGNMENT AND SUBLETTING. 18.1. In General. Lessee shall not assign, sell, convey, sublease or transfer any of its rights, privileges, duties or interests granted by this Lease without the advance written consent of Lessor, which consent shall not be unreasonably withheld. 18.2. Conditions of Approved Assignments and Subleases. If Lessor consents to any assignment or sublease, all terms, covenants and agreements set forth in this Lease shall apply to the assignee or sublessee, and such assignee or sublessee shall be bound by the terms and conditions of this Lease the same as if it had originally executed this Lease. The failure or refusal of Lessor to approve a requested assignment or sublease shall not relieve Lessee of its obligations hereunder, including payrnent of rentals, fees and charges. 19. LIENS. 19.1. Liens b.y Lessee. Lessee acknowledges that it has no authority to engage in any act or to make any contract which may create or be the foundation for any lien upon the property or interest in the property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall liquidate and discharge the same within thirty (30) calendar days of such creation or filing. Lessee's failure to discharge any such purported lien shall constitute a breach of this Lease and Lessor may terminate this Lease upon thirty (30) calendar days' written notice. However, Lessee's financial obligation to Lessor to liquidate and discharge such lien shall continue in effect following termination of this Lease and until such a time as the lien is discharged. 21N/31N Ground Lease Texas Jet, Inc. ����o�o�_��, c�����r� �� � ����� �[��; ������1, G�� �-� � °'� UL��(11r1��r��,�p �', \ �f5,�i� o _ 19.2. Landlord's Lien. IN ADDITION TO ANY APPLICABLE STATUTORY LANDLORD'S LIEN, LESSEE GRANTS TO LESSOR, IN ORDER TO SECURE PERFORMANCE BY LESSEE OF ITS OBLIGATIONS UNDER THIS LEASE, A SECURITY INTEREST IN ALL GOODS, INVENTORY, EQUIPMENT, FIXTURES, FURNITURE, IMPROVEMENTS, CHATTEL PAPER, ACCOUNTS AND GENERAL INTANGIBLES, AND OTHER PERSONAL PROPERTY OF LESSEE NOW OR HEREAFTER SITUATED ON OR IN THE PREMISES OR OTHERWISE RELATING TO LESSEE'S USE OF THE PREMISES, AND ALL PROCEEDS THEREFROM (THE "COLLATERAL'). IF LESSOR TERMINATES THIS LEASE FOR A FAILURE TO PAY LESSOR RENT OR FOR ANY OTHER BREACH OR DEFAULT BY LESSEE PURSUANT TO WHICH LESSEE IS FINANCIALLY OBLIGATED TO LESSOR, THE CITY MAY, IN ADDITION TO ALL OTHER A YAILABLE REMEDIES, WITHO UT NOTICE OR DEMAND EXCEPT AS PROVIDED BELOW, EXERCISE THE RIGHTS AFFORDED A SECURED PARTY UNDER THE TEXAS UNIFORM COMMERCIAL CODE ("UCC'). IN CONNECTION WITH ANY PUBLIC OR PRIVATE SALE OF ANY COLLATERAL, LESSOR SHALL GIVE LESSEE FIVE (S) CALENDAR DAYS' PRIOR WRITTEN N07'ICE OF THE TIME AND PLACE OF ANY PUBLIC SALE OR OF THE TIME AFTER WHICH ANY PRIYATE SALE OR OTHER INTENDED DISPOSITION THEREOF IS TO BE MADE, WHICH IS AGREED TO BE A REASONABLE NOTICE OF SUCH SALE OR DISPOSITION. 20. TAXES AND ASSESSMENTS. Lessee agrees to pay any and all federal, state or local taxes or assessments which may lawfiully be levied against Lessee due to Lessee's use or occupancy of the Premises or any improvements or properiy placed on the Premises by Lessee as a result of its occupancy. Lessee also agrees to pay any and all federal, state or local taxes or assessments which may lawfully be levied against Lessor due to Lessee's use or occupancy of the Premises or property placed on the Premises by Lessee, including, but not limited to, the Mandatory Improvements and any Discretionary Improvements. 21. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises. Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and Lessee immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of this Lease. 21N/31N Ground Lease Texas Jet, Inc. ������acC��=1,�� G'C��� �c>>C'D � g �=��� ����� G'����G°��� 1 � C"�'v� j���;�?���I iI�I�e�,•�t 1 e.. �j\__\._—� I�-��,Jp U�UUo�, Lessee agrees to comply with all federal, state and local laws; all Codes, ordinances, rules and regulations of Lessor; all rules and regulations established by the Director; and all rules and regulations adopted by the City Council pertaining to the conduct required at airports owned and operated by the City, as such laws, ordinances, rules and regulations exist or may hereafter be amended or adopted. If Lessor notifies Lessee or any of its officers, agents, employees, contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist from and correct the violation. 22. NON-DISCRIMINATION COVENANT. Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the consideration herein, agrees as a covenant iluining with the land that no person shall be excluded from participation in or denied the benefits of Lessee's use of the Premises on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial .status. Lessee further agrees for itself, its personal representatives, successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or alterations to the Premises on grounds of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee agrees to furnish its accommodations and to price its goods and services on a fair and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all times comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation and with any amendments to this regulation which may hereafter be enacted. If any claim arises from an alleged violation of this non-discrimination covenant by Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemnify Lessor and hold Lessor hartnless. 23. LICENSES AND PERMITS. Lessee shall, at its sole expense, obtain and keep in effect all licenses and pertnits necessary for the operation of its operations at the Airport. 24. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Lease, Lessor does not waive or surrender any of its governmental powers. 21N/31N Ground Lease 19 Texas Jet, Inc. ������0�� ��'�C�u��D ���'I� ��<<nG�[���; s�j� �� ��,�c��r����-,�� ��r���'�4 25. NO WAIVER. The failure of Lessor to insist upon the performance of any term or provision of this Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon appropriate performance or to assert any such right on any future occasion. 26. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Lease or of Lessee's operations on the Premises, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the State of Texas. 27. ATTORNEYS' FEES. In the event there should be a breach or default under any provision of this Lease and either party should retain attorneys or incur other expenses for the collection of rent, fees or charges, or the enforcement of performance or observances of any covenant, obligation or agreement, Lessor and Lessee agree that the prevailing pariy shall be entitled to recover reasonable attorneys' fees and other reasonable expenses from the other party. 28. SEVERABILITY. If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 29. FORCE MAJEURE. Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations as set forth in this Lease, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems and/or any other cause beyond the reasonable control of Lessor or Lessee. 21N/31N Ground Lease Texas Jet, Inc. ( j � ��� ^_� �i, �, ��.-,.-. � \i �' �r��''4�,��i, ISI��`1���l�'��I )� 20 !: -(;'�'j (' ,r` r` ! �=d� �i �������[j���U��U� c ��1� I�' �j'��'+� ,!/� �. �._ " �a VU���`�l(I�� �If�;`'J -.�""��'�� (/ �.`.)d'�Ia `^�t..�„r� 30. HEADINGS NOT CONTROLLING. Headings and titles used in this Lease are for reference purposes only and shall not be deemed a part of this Lease. 31. ENTIRETY OF AGREEMENT. This written instrument, including any doctunents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between Lessor and Lessee, its assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of Lessor. IN WIT SS WHEREOF, the parties hereto have executed this Lease in multiples, this �� ��day of , 20 C1 / . CITY OF FORT R By: � i���?�7' - Name: Assistant City Manager ATTEST:. By: u� _ � City Secretary �- ����C� � APPROVED AS TO FORM AND LEGALITY: ��-� �, zFiL , . Assistant City Atto $ 2F M & C: C-1�ff33 1-16-01 21N/31N Ground Lease 21 Texas Jet, Inc. TEXAS JET, INC.: .,-� ..--''�J By: `� �� Reed P'g�, Jr. President ATTEST: �. By: � , �— / ���3 Gontract Authorization l —��-e� Date _.._ -- - __ ,_ -----��� , �,'�l�U�����i� (-�(��i�'�iC�, 1=�`;���� ;�����' ��L�,�S�;'[� �^i�'I� � � �.���o L����!G�_���C�p �i��'a 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 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, Inc. and that he executed the same as the act of Texas Jet, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. -(s�� GIVEN UNDER MY HAND AND SEAL OF OFFICE this -�d day of l�� ���', 20oI . �,,,�,�.,,. .•'�\L�REp �•, : ���ARYp. y,;; ; - . � Ge`� ��O - � � �-_� � ' � / ���=-f'�� J y �� G� � � �� ; Not Public in and for the State of Texas � � �c� �F T�'c P� � o • p�RES .• •, STATE OF TEXAS § ,�'•?;?0/2002 ,.•' '��„„���` COUNTY OF TARR.ANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared �li�X �(rfcc�t��1L , 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 LJNDER MY HAND AND SEAL OF OFFICE this %� �day of GL' �� , 20�i . PRY•P�' ROSELLA BARNES (*�� M1e��*; NOTARY PUBLIC ��9;�1r^Y,,i,�;i State of Taxas '�.',FoF;�•' �omm. Exp. 03-31-2005 21N/31N Ground Lease Texas Jet, Inc. �t2�v /d'�i'�i'�ti?--� Notary Public in and for the State of Texas J �U'u� 0'I'�� Ut�lS�� �Jli J ��� ���'; i���`� �''l`l � ���u'�''I�o �C��s� 2se�' N 4od 4a' 71' W :'. ; � ,� 3� � T�[81J RBTAMt�i l!J/L.1_ A� �' OI i � � I � I ��� 3 �� ��. I � I .---_, 61�1I. POMT Or ,1 I `—� ROC�F 11�NTa � �7o.3�s' � � 11,760.0 sq.ft �� � / 58Z8N i ~ �,p,T■32d49'7�.117E6'N --/ i tie�w �crr.s-r�ni�a�ss�3w � �' --���-----=---�- � _ 4� �( } ///''''""``' 2D' I�tRL° LNr'E - PfaOVlDE 6TiZ1P� J � R HAf�C1JCa P�R G7Y Ftf� COC� � � �� ' � � ----------------- -- i�� �� p� � DtlbT'rtJcs TAfid'IAG �----•. __...___ .. - LAT.32d49'2�Mb96T! �.a�•s�cai�c�ne��w ` �• � �'b. \. ti � � ,+ � �. . L' � T�JJ 70' IlADE CaNC�. D1Q11�5 ;' 3 -='=--- h' ' � � � ''• � I � � ' �/�IV�I� �/��v.TI-l� \ ''^'y,, •' ( "L � I EXI�TWG d-�OP 1 OFFIC88 � I � 14,265.7 sq. ft. ' � � i' � � .� � ,� `o x E(16Tt�Y3 GOVL'ti�D PARlClN4 � II 0 ---�-----'-----y-----�-----'-----='��vE ExlaT � -- -- � F�TiG' � � � C3�---- // � �;; � I _ pC187MG PAvRJG ' �19Ti PAv � ; I � -----� � � ------------ , �. ; ;� � ,, ; , � ti�� , � : � , �; , •L,� / eir�, ► i. F�.T�!OvE EXIBTRJG PAVW3 A8 i�G'�JtRFD ��. �� ,1 I .� � ^.0 � FOR A[EIiJ e1JILDMc3 Ard:) DRAM�C'� i � �.�,4A1 LW�c� � _l.----�.l.- F^ -- ------ I, '��� ���������1L��1�� L.r� 4'333i' 8 #3d 02' Sl' � Te GGt�liRDLLER SCt�L.� : 3" r' '.� • � i�R�H MAI� DT� � f i � �� ,�� 3m' 60' � .,��^ J��US��I�'��� �;'���l�t�i�nl U JeLI' r��'G' ���'��[�� n��C� �[! �'�1`'��1�-'���� I �'1�, _ _ ' _ � �_ � _+�_ � ,�i P � ��Gti�„ I' ■ 30'-m' octer. i� c,l. � ! t�11J 'I' CL �.0 V�R1P'1' LOCATICi City of Fo�t Worth, Texas ��A�or A11d C,aunc�l Can��nun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **C-18433 55JET 1 of 2 SUBJECT TERMINATION OF CITY SECRETARY CONTRACT (NOS. 10048 AND�7�} AND APPROVAL OF A NEW LEASE AGREEMENT WITH TEXAS JET FOR LEASE SITES 21 N AND 31 N AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to terminate City Secretary Contract (Nos. 10048 and�-and execute a new Lease Agreement with Texas Jet for Lease Sites 21 N and 31 N at Fort Worth Meacham International Airport. I7�����[iP►� On October 12, 1989, the City of Fort Worth executed a Consent to Assignment of all interests in City Secretary Contract (No. 10048) from Texas American Bank Financial, Inc., to Texas Jet. On February 20, 1990, City Secretary Contract (No. �-7� was executed which established the termination date of the lease agreement as September 30, 2004 with one five-year renewal option. Texas Jet now proposes to build an additional hangar on the leased site without changing the total square footage amount. The additional 11,760 square foot hangar will be known as Hangar 31 N. A new lease will be executed that will begin on its date of execution and terminate on September 30, 2030, with two five-year renewal periods. In the new lease, the square footage of the current hangar, 21 N, will continue to be charged at unimproved ground rental rates until the expiration date of the original lease, September 30, 2009. On October 1, 2009, the hangar area of 21N will be charged the then current hangar rate in compliance with City policy. The remainder of the 21 N lease site and all of the 31 N lease site will be charged at improved ground rental rates. The initial annual revenue of this lease agreement will be $1,295.24 per month, or $15,542.88 on an annual basis. The rate will be subject to adjustment in accordance with the upward percentage change in the Consumer Price Index each October 1. On the 10th, 15th, 20th, and 25th anniversary date of this lease, the rental rate will be adjusted to match the then prevailing rate for like property. All other terms and conditions will be in compliance with City policies. City of FoNt Worth, Texas A ar And aunc�l a�rt�nun�cAt�on �� � C C DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **C-18433 55JET 2 of 2 SUBJECT TERMINATION OF CITY SECRETARY CONTRACT (NOS. 10048 AND ��) AND APPROVAL OF A NEW LEASE AGREEMENT WITH TEXAS JET FOR LEASE SITES 21 N AND 31 N AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Section of the Finance Department is responsible for the collection and deposit of all revenues in connection with this lease agreement. RG:k Submitted for City Manager's Office by: Ramon Guajardo Originating Departmeot Head: Lisa A. Pyles Additional Informatioo Contact: Luis Elguezabal FUND ACCOUNT (to) PE40 491352 6140 5400 (from) 5401 CENTER I AMOUNT I CITY SECRETARY C���i�iI�l�l $15,542.88 d�������� '`���_�,�l� CO�1N���, a_.��l� ! t n IV; rr ,�,�� , n ; � ,1�N 1� �� r�����!,u:, l�l��'�v�..,� , �✓i�.� ��It:�..'�l'.'.�:'-.1'. :Y�� >?��:'t :i9j; �'d� �� �_`( ����GS�iP e, �j`.,1�.t3:�