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HomeMy WebLinkAboutContract 26924 l CITY SECRETARY CONTRACT NO. 94 V FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR LEASE AGREEMENT (HANGAR 9-N) This HANGAR 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 IEC INTERNATIONAL,INC. ("Lessee"), a corporation registered in England and authorized to do business in the State of Texas, acting by and through Hamish Goodwin, its duly authorized Vice-President. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. PROPERTY LEASED. Lessor demises and leases to Lessee the following real property (hereinafter referred to as "Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1.1. 4,928 square feet of conventional hangar space identified as Hangar 9N and depicted on Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes; and 1.2. 9,124 square feet of improved ground space as depicted on Exhibit"A". 2. TERM OF LEASE. Unless terminated earlier as provided herein, the term of this Lease shall commence on the date of its execution("Effective Date")and expire at 11:59 P.M. on September 30, 2002. 3. RENT. 3.1. Amount. Lessee shall pay Lessor as annual rent for the Premises the sum of Eight Thousand Eight Hundred Seven and 92/100 Dollars ($8,807.92), payable in equal monthly installments of Seven Hundred Thirty-Three and 99/100 Dollars($733.99). The rental rates for this Lease are based on Lessor's published Schedule of Rates and Charges in effect as of the Effective Date of this Lease. Prior to the Effective Date of this Lease, Lessee shall pay one (1)month's rent in advance. In the event that this Lease commences on a day other than the first (1st) day of any given month, the first month's rental payment �� Ui'�IfI�O ��. accordance with the number of days remaining in that month. 3.2. Payment nates and Late Fees. All monthly rent payments under this Lease are due on or before the first (1st) 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 18. Rent shall be considered past due if Lessor has not received full payment after the(10th) day of the month for which payment is due. Lessor will assess a late penalty charge of ten percent (10%) per month on top of the entire month's rent for each month in which rent is past due. 4. nFPnSTT. Upon execution of this Lease, Lessee will remit to Lessor a cash deposit equivalent 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 sum 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. 5. 1 TTILITIFS. 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 exit or may hereafter be amended("Codes"). ������ 8G! PE I uG°QD 6. MAINTENANCE AND REPAIRS. 6.1. General Maintenance and Repairs by 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 own 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 hangars and other structures, doors, windows, roofs, fixtures, equipment, hangar modifications or surrounding pavement. 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, except as otherwise expressly provided herein, 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. Unless the result of Lessor's gross negligence or intentional misconduct, 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, or 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. 6.2. Compliance with ADA. Lessee, at its own expense, agrees to keep and maintain the Premises and all improvements thereto in full compliance at all times with the Americans with Disabilities Act of 1990, as amended("ADA"). 6.3. Inspection. Lessor shall have the right and privilege, through its officers, agents, servants or employees, to inspect the Premises at any time. Lessor shall have the right to perform any and all duties or obligations which Lessor is authorized or required to do under the terms of this Lease or to perform its governmental duties under federal, state or local rules, regulations and laws, including the Codes. Lessee will permit the Fire Marshal of the City of Fort Worth or authorized designees to inspect the Premises at any time, and Lessee will comply with all recommendations made to Lessee by the Fire Marshal or authorized designee to bring the Premises into compliance with Fire Code and Building Code provisions, as such provisions exist or may hereafter be added or amended. Lessee shall maintain in a proper condition accessible fire extinguishers of a number and type approved by Fire Underwriters for the particular hazard involved. Lessor shall provide Lessee with advance notice of inspection when reasonable under the circumstances. 3 Igqr. aTR,QD 6.4. Performance. If Lessee is responsible under this Lease for any maintenance.or repairs, Lessor shall notify Lessee in writing. Lessee agrees to undertake such maintenance or repair work diligently within thirty (30) calendar days of receipt of such notice. If Lessee fails to undertake the recommended maintenance or repairs within this time, 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 such reimbursement will be due on the date of Lessee's next monthly rent payment following completion of the maintenance or repairs. 7. ACCEPTANCF.OF PREMISF,S, 7.1. Environmental Remediation. To the best of Lessor's knowledge, the Premises comply with all applicable federal, state and local environmental laws and regulations (collectively "Environmental Laws"). Lessee has thoroughly 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 COVENANTS AND AGREES THAT LESSEE, AT ITS SOLE COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES. 7.2. Lessee's Acceptance of Premises. Lessee accepts the Premises in its present condition as satisfactory for all purposes set forth in this Lease. 8. CONSTRUCTION AND IMPR0VF.MFNTS. 8.1. In General. Lessee may, at its sole expense, modify, renovate, improve or otherwise perform construction on or to the Premises (collectively "Improvements") provided that Lessee 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 8 in the performance of any Improvements. Lessor shall take full title to any 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 Improvement, upon acceptance in writing of such Improvement. L ' 8.2. 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 Lessor's Departments of Development, Engineering, and Transportation and Public Works. All plans, specifications and work shall conform to all federal, state and local laws, ordinances, rules and regulations, now in force or hereafter prescribed. 8.3. llocuments. Lessee shall supply the Director with comprehensive sets of documentation relative to any modification, renovation, improvement or other construction project on or to the Premises, including, at a minimum, as-built drawings of each project. As-built drawings shall be new drawings or red-line changes to drawings previously provided to the Director. Lessee shall supply the textual documentation in computer format as requested by Lessor. 8.4. Bonds Ren uir d of Lessee. Prior to the commencement of construction work for any modification, renovation, improvement or other construction project on or to the Premises, Lessee shall deliver to Lessor payment and performance bonds, executed by a corporate surety in accordance with the 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 terms and conditions of this Lease, including, but not limited to, the satisfactory completion of the respective modifications, renovations, improvements or other construction project 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, renovation, improvement or other construction project. In lieu of the required bonds, Lessee may provide Lessor with a cash deposit or an assignment of a certificate of deposit in an amount equal to 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 any 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, improvements or other construction projects on or to the Premises, Lessor shall be entitled to drawn down the full amount of Lessee's cash deposit or certificate of deposit. 8.5. Bonds Required of Lessee's Contractors. Prior to the commencement of any modification, renovation, improvement or construction project on or to the Premises, Lessee's respective contractor shall execute and A L G`�)ECC,0EM) 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 that contractor's contract for such modifications, renovations, improvements or other construction projects on or to the Premises. Lessee shall provide Lessor with copies of such bonds prior to the commencement of such modifications, renovations, improvements or construction projects. 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 Lessor 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 both Lessor and Lessee as dual obligees. If Lessee serves as its own contractor, Section 8.4 shall apply. 8.6. Releases by Lessor Upon Completion of Construction Work. Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit account or reduction of its claim upon Lessee's certificate of deposit upon (i), where Lessee serves as its own contractor, verification that Lessee has completed the respective modifications, renovations, improvements or other construction projects 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. In the event of construction or contractor payment default, Lessor shall be entitled to draw down the full amount of Lessee's cash deposit or certificate of deposit. -9. DAMAGE OR DESTRUCTION TO PRF,MISFS. In the event of fire or other casualty which damages or destroys all or any part of any Improvements on the Premises,the following provisions shall apply: 9.1. Coverage by 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 8.1 through 8.6 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 Leas f 30 n 114, �111M 6 Opti`r �llQD Y IU'U, MM Y a r;E- 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 thirty (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. 10. USE OF PRFMTSF.S. Lessee agrees to use the Premises exclusively for aviation or aviation-related commercial activities. It is specifically agreed and stipulated that the following concessions are prohibited under this lease, unless specifically approved in writing by the Director of Airport Systems or authorized representative: (i) ground transportation for hire; (ii) ground motor vehicle rental, including taxi and limousine service; (iii) food sales, with the exception of vending machines -placed on the Premises for the convenience of Lessee, its employees and patrons; (iv) barber and valet services; and(v) alcoholic beverage sales. 11. SIGNS. 11.1. Aircraft Movement Zone Sign. Lessee shall install and maintain, at its sole cost and expense, signs by all doorways inside any hangar structure on the Premises permitting access to an aircraft movement zone which indicate that the area outside the hangar structure is located within an aircraft movement zone. Lessor must approve in writing the wording, size, appearance and location of this sign prior to its installation. 11.2. Additional Signs. Lessee may, at its own expense and with the prior written approval of the Director of Airport Systems or authorized designee, create, install and maintain signs on the Premises indicating Lessee's business. Such signs, however, must be in keeping with the size,color,location and manner of display of other signs at the Airport. PE ULD ,�`Du'(�"PG'LY U"Jl9' BUyL�Wo 11.3. Maintenance and Removal of Signs. Lessee shall maintain all signs 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 resulting from the installation, maintenance or removal of any such sign. Lessee also agrees to remove any sign at its own expense immediately upon receipt of instructions for such removal from the Director of Airport Systems or authorized designee. 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 usefulness of the Airport, constitute a hazard to aircraft or diminish the capability of existing or 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 for 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 Government. 12.5. Lessor 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 Lessee'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. INSI TR ANCF.. 13.1. Tunes of Coverage and Umits. 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, naming the City of Fort Worth as an 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: • Pronert�: Fire and Extended Coverage on all improvements at full replacement cost limit; • Commercial General Liability: $1,000,000 per occurrence, including products and completed operations; • Automobile i.iahilitvy: $1,000,000 per accident, including,but not limited to, coverage on any automobile used in Lessee's operations on the Premises; • Hangarkee en rs i,egal i.iahilitv,: $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 Umits. Insurance requirements, including additional types of coverage and increased limits on existing coverages, are subject to change at Lessor's option, and Lessee will accordingly comply with such new requirements within thirty(30)days following notice to Lessee. � 'RS��G���1 V l'e ��I✓J!'L f�lI U9 ��7[ryo 13.3. Certificates, As a condition precedent to the effectiveness of this Lease, 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, on demand, provide Lessor with evidence that it has maintained such coverage in full force and effect. 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 respondeat superior 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. INDEMNIFICATION. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR ANY CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCL UDING, BUT NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CA USED B Y THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, u(���GRI G�E� -1 PD HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS PROPERTY. LESSOR IS OBLIGATED ONLY TO PROVIDE SECURITY ADEQUATE TO MAINTAINLESSOR'S CERTIFICATION UNDER FAA REGULATIONS. LESSEESHALL 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 FORM LESSEE'S FAILURE TO COMPLY WITH SUCH FAA REGULATIONS OR TO PREVENT UNAUTHORIZED PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES. 16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION. If Lessee, as a charitable association, corporation, partnership, individual enterprise or entity, claims immunity to or an exemption from liability for any kind of property damage or personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any such immunity or exemption as against Lessor. 17. TERMINATIO . In addition to termination rights contained elsewhere in this Lease, Lessor shall have the right to terminate this Lease as follows: 17.1. Failure by Lessee to Pay Rent, Fees or Other Charges. 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 immediately. 17.2. 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 thirty (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, default or failure within such time period, Lessor shall have the right to terminate this Lease immediately. 17.3. Rights of Lessor Upon Termination or Rxpjration. Upon termination or expiration of this Lease or any part thereof, all rights, powers and privileges granted to Lessee hereunder shall cease. Within twenty (20) days following the effective date of termination or expiration, Lessee shall remove from the Premises all trade fixtures, tools, machinery, 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. Lessor shall also have the right to take full title to any such fixtures or equipment. Lessee shall be and remain liable to Lessor for all arrearages of rentals, fees and charges payable hereunder and for all other preceding breaches, defaults or failures. Lessee agrees that it will assert no claim of any kind 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, except for wrongful termination. In no event shall a reentry onto or reletting of the Premises by Lessor be construed as an election by Lessor to forfeit any of its rights under this Lease. 18. 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: 12 e To LESSOR: For Rent: For All Other Matters: City of Fort Worth Aviation Department Revenue Office Meacham International Airport 1000 Throckmorton Street 4201 North Main Street, Suite 200 Fort Worth TX 76102-6312 Fort Worth TX 76106-2749 To LESSEE: IEC International, Inc. Hamish Goodwin,Vice-President Meacham International Airport Hangars 7N& 8N 220 Citation Dr. Fort Worth TX 76106-2759 19. ASSiGNMFNT AND SUBLETTING. 19.1. in General. Y 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. 19.2. 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 payment of rentals, fees and other charges. 20. LIENS. 20.1. Liens by 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 13 N%o �Jp � � 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. 20.2. 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 AVAILABLE REMEDIES, WITHOUT 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 NOTICE OF THE TIME AND PLACE OF ANY PUBLIC SALE OR OF THE TIME AFTER WHICH ANY PRIVATE SALE OR OTHER INTENDED DISPOSITION THEREOF IS TO BE MADE, WHICH IS AGREED TO BE A REASONABLE NOTICE OF SUCH SALE OR DISPOSITION. 21. TAXES AND ASSESSMENTS. Lessee agrees to pay any and all federal, state or local taxes or assessments which may lawfully be levied against Lessee or Lessor due to Lessee's use or occupancy of the Premises or any improvements or property placed on the Premises by Lessee as a result of its occupancy. 22. COMPLIANCE WITH LAWS,ORDINANCES,R13,FS 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 i CORE 14 this Lease. Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health Departments; all rules and regulations established by the Director of Airport Systems; 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. 23. NON-DISCRIMINATION COVENANT. Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the consideration herein, agrees as a covenant running 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 harmless. 24. LICENSES AND PERMITS. Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for the operation of its business at the Airport. 25. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Lease, the City of Fort Worth does not waive or surrender any of its governmental powers. uG1© 15 0 �' "� j 26. 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. 27. VENUE. 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 or at the Airport, 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. 28. ATTORNEYS' FEES. 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. 29. SEVERARi1,11 . 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. 30. FORCE MAJETIRE. 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 by any governmental authority, transportation problems and/or any other cause beyond the reasonable control of the parties. 31. 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. UOQ 32. ENTIRETY OF AGREEMENT. This written instrument, including any documents 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 WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this day of ,20_Q(. CITY OF FORT WO TH: IEC INTERNATIONAL,,INC.: By:. By: Name: Hamish G odwin Assistant City Manager Vice-P, ident ATTEST: ATTEST: By. By: Vi Secre 17-18--0l APPROVED AS TO FORM AND LEGALITY: By:_ Peter Vaky Assistant City Attorney M&C: C"/k56 �' �-20/ (�UThr�� I�E��1W� 17 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 Hamish Goodwin, 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 IEC International, Inc. and that he executed the same as the act of IEC International, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3D day of Av5a, 20_LL. HETTIE LANE - 3 Notary Public,State of Texas ,�mm;s, , Notary Public in and for the State of Texas O�rfOF��+ July 26,2003 hlrxn"e 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 n ,K-eGcoonne2, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 200. �2--ztt �� ,". Pqolrx: PATRICIAA GARCIA NOTARY PUBLIC Notary Public in and for the State of Texas �� e r State of Texas Comm.Exp, 03-31-2005 C Tv 0 c 1.411(1'• ,• �+ . 30.0' 74 97' 60.0• 100.0 10J 0 }l:. .. !1 ; 1a3S1.6 �) Fi I 1 7!.O[ G SO ii ; r 11 11 yl 11 11 11 11 © 11©11 �4-,G89-'sq. N :1 .. ... .. ... . .... A:PHALT rAkK1NG .. ... .... .... . . . .. i+ 14.95' 60.0' 100.0 100.0' N 41007'25-W 0 C; i ASF14ALT .:."CONC. TAXIWAY .. .. ... ... ......... _ _ r N41°C7'?3 r. 396.32 N h 74.9' 60.0,. �; 100.0' 100.0' J. CONC.i0 it to 6 uAN = NAa = uAa 3,080 sq. ft. s ( 0.682.0 SOFT.) i 3.000L0 SO.FT 1 ( 5,000.0 SO.FT.) ( 5,000.0 SG.FT.1 " '• 24.5' 60.U' 100.C' 100.0' 1' b 2JA' 1 « i (4.920.0 SOFT.t (8,000.0 SO.FT.) (8,000.0 So.FT.) 1 w 3 4 C -'0 6—W • 7—N O ' In 4,928 sq. ft. In m p .........-... ............ «......... ...............STUCCO eLOC: . .... .. ... .. ' J _ o Cr 2c 1.193.0 Sa.FT.) ( 2.230.0 SO.FT.7 l 2,200.0 SO.FT.I -_ s IOG.O 100.0¢ '••••• • ••••AUTO PAAKINC s Hangar _ s 1 = r co V, EXHIBIT "A" II Ramp fJ 0 Hangar Location 9N II Aircraft Parking Fort Worth Meacham Airport Not To Scale Auto Parking City of Fort Worth, Texas "agar and Council Communication DATE REFERENCE NUMBER LOG NAMEGE PA 4/24/01 **C-18568 551NTER 1 of 1 SUBJECT HANGAR LEASE AGREEMENT WITH IEC INTERNATIONAL, INC. AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Hangar Lease Agreement with IEC International, Inc. for Hangar 9N and improved ground space at Fort Worth Meacham International Airport. DISCUSSION: The Aviation Department has received a request from Mr. Hamish Goodwin, Vice-President of IEC International, Inc., to lease Hangar 9N and surrounding improved land at the rates published in the Schedule of Rates and Charges. The total revenue received from this lease will be $8,807.92 yearly, or $733.99 monthly. The projected revenue for the remainder of the fiscal year is $4,403.96. The term of the lease will commence on the date of execution, and end on September 30, 2002. All other terms and conditions of the lease agreement will be in accordance with standard City and Aviation Department policies. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Division of the Finance Department will be responsible for the collection and deposit of funds due to the City under this lease agreement. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED PE40 491312 0552001 $3,403.32 CITY COUNCIL Mike Groomer 6140 PE40 491052 0552001 $1,003.64 Originating Department Head: APR 24 2001 Lisa A.Pyles 5403 (from) Additional Information Contact: city 1?*Mt ?at the rriif d rW.iWWfl%Taxw - Luis Elquezabal 6401