HomeMy WebLinkAboutContract 54275 CITY SECRETARY
GE�V�o FORT WORTH AVIATION DEPARTMENT CONTRACT NQ. -a15
�0. p TO ADMINISTRATION BUILDING OFFICE LEASE
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CRC\1,�5�p, FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT ("Lease") is
made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation under the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and HELICOPTER INSTITUTE,INC. ("Lessee"), a Texas
Business acting by and through RANDY ROWLES, its duly authorized 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") in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1097 square feet
of office space identified as Suite L23, Lower Level, depicted on Exhibit "A", attached
hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall commence on the date of execution of this Lease
("Effective Date") and continue on a month-to-month basis until either parry terminates this
Agreement, for any reason, by providing the other party with not less than 30-days written
notice prior to the effective date of such termination.
3. RENT.
3.1. Rates and Adjustments.
Lessee shall commence the payment of rent, in accordance with this Section 3, on
the Effective Date of this Lease. From the Effective Date, Lessee hereby promises
and agrees to pay Lessor a rental rate of$14.50 per square foot,which is the current
rental rate as prescribed under the Lessor's Schedule of Rates and Charges, for the
1097 square feet on the Premises, for a total of Fifteen Thousand Nine Hundred Six
dollars and 501100 or $ 1,325.54 per month. On October 1, 2020, and on October
1st of each year thereafter in which this Lease is still in effect, Lessee's rental rate
shall be adjusted to comply with the rates prescribed for the Premises by Lessor's
Schedule of Rates and Charges in effect at the respective time. In no event shall
Lessee's monthly rental rate exceed the then-current rates prescribed by Lessor's
published Schedule of Rates and Charges for the type or types of property at the
Airport similar to the type or types of property that comprise a rWe . -
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Fort Worth Meacham International Airport Administration Building Office Lease Agreement
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3.2. Payment Dates and Late Fees.
Monthly rent payments under this Lease are due on or before the first (1") day of
each month. Payments must be received during normal working hours by the due
date at the location for Lessor's Revenue Office as set forth in Section 17. Rent
shall be considered past due if Lessor has not received full payment on or before
the 101h day of the month for which payment is due. Without limiting Lessor's
termination rights as provided by this Lease,Lessor will assess a late penalty charge
of ten percent (10%) each month on the entire balance of any overdue rent that
Lessee may accrue.
4. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of telephone utilities and internet service. Lessee agrees that all electrically-
operated equipment which may be used on the Premises shall fully comply with the City
of Fort Worth Mechanical, Electrical, Plumbing, Fire and Building Codes, as they exist or
may hereafter be amended.
5. MAINTENANCE AND REPAIRS.
5.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises. Lessor agrees to perform
minor repairs and maintenance on a timely basis as required by the ordinary use of
the Premises under the terms of this Lease and which are not caused by any
violation thereof by Lessee. Lessor shall have the right and privilege, through
its officers, agents, servants or employees to inspect the Premises at any time. If
Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to
undertake such maintenance or repair work within thirty (30) calendar days of
receipt of notice. If Lessee fails to undertake the maintenance or
repairs recommended within this time, Lessor may, in its discretion, perform the
necessary maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the maintenance or repairs, and payment will be
due on the date of Lessee's next monthly rental payment following completion of
the repairs.
5.2. 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 shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease,Lessee agrees to return the Premises to Lessor in the same
condition as originally received, subject to ordinary wear and tear consistent with
normal use over time. Lessee is responsible for all damages caused by the
negligence or misconduct of Lessee, its agents, servants, employees, contractors,
subcontractors,patrons, licensees, invitees or.
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For any portion of the Premises located in the basement of the Administration
Building, Lessee shall provide, at Lessee's own expense, and use covered metal
receptacles for the temporary storage of all trash and garbage and arrange and pay
for the sanitary transport and permanent disposal away from the Airport of all of
Lessee's trash, garbage and refuse.
5.3. Inspection.
Lessor,through its officers,agents,servants or employees,reserves the right to enter
the Premises at any time in order 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, but not limited to, inspections under applicable Health, Mechanical,
Building, Electrical, Plumbing, and Fire Codes, or other health, safety and general
welfare regulations). Lessee will permit the Fire Marshal of the City of Fort Worth
or his agents to make inspection of the Premises at any time,and Lessee will comply
with all recommendations made to Lessee by the Fire Marshal or his agents to bring
the Premises into compliance with the City of Fort Worth Fire Code and
Building Code provisions regarding fire safety, 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.
6. ACCEPTANCE OF PREMISES.
Lessee agrees and covenants that it has inspected the Premises and is fully advised of its
own rights without reliance upon any representation made by Lessor concerning the
condition of the Premises. Lessee accepts the Premises in its present condition as
satisfactory for all purposes set forth in this Lease.
7. CONSTRUCTION AND IMPROVEMENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writing approval from the Airport Systems Director or authorized
representative. All such approved construction work on and improvements to the Premises
shall comply fully with the Americans with Disabilities Act of 1990, as amended.
8. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Director of Airport Systems or
authorized representative, for the parking of company vehicles and the vehicles of its
employees, licensees or invitees, subject to all ordinances and regulations of the City of
Fort Worth and all other applicable laws.
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9. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for the purpose proposed to and approved by
the Department of Aviation. Any proposed change to the use and activity within the lessee
space must be approved by the Department of Aviation prior to the change occurring.
10. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport Systems
Director or authorized representative, create, install, and maintain signage. Such signs,
however, must be in keeping with the size, color, location and manner of display of other
signs throughout the Administration Building. In addition, Lessee may not install a sign
outside the Administration Building on Lessor's property without prior written approval by
the Airport Systems Director or authorized representative as to the sign's placement,
appearance, construction, and conformity with applicable City Code restrictions.
The Meacham Administration Building's location sign on Main Street is part of the
airport's Unified Signage Agreement. All associated signage panels must be approved and
procured by the lessor. The lessee will remit payment in advance to the lessor for the sign
panel cost.
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 resulting
from the installation,maintenance or removal of any such sign. Lessee also agrees to
remove any signs at its own expense immediately upon receipt of instructions for such
removal from the Airport Systems Director or authorized representative.
11. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
11.1. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor,and any additions or alterations made thereon, shall immediately become
the property of Lessor.
11.2. 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.
11.3. 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.
11.4. 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
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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.
11.5. 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.
11.6. 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;and Lessee agrees that this Lease and
Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
12. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance specified to be maintained
by a commercial tenant in accordance with Exhibit "B", the "City of Fort Worth Aviation
Insurance Requirements"attached hereto and made part of this Lease for all purposes.
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.
12.1. Adiustments 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 and any Sublessees' operations at the Airport. Lessee will accordingly
comply with such new requirements within thirty (30) days following notice to
Lessee.
12.2 Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit"B",which is attached
hereto and incorporated herein for all purposes.
12.3 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, at
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Lessor's request, provide Lessor with evidence that it has maintained such coverage
in full force and effect.
13. 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.
14. INDEMNIFICATION.
LESSEE HEREB Y A SS UMES A LL LL4BILITYAND RESP ONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCL UDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE MEACHAM AIRPORT TERMINAL BUILDING AND SURROUNDING
PARKING LOTS 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 COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESSAND DEFEND LESSOR, ITS OFFICERS,AGENTS, SERVANTSAND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S B USINESS AND ANY RESULTING LOST PR OFITS)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 MEACHAMAIRPORT TERMINAL BUILDING
AND SURROUNDING PARKING LOTS UNDER THIS LEASE OR WITHTHE 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 WHICHARISES OUT OF
OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, OR PATRONS, 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 SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
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LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANYAND ALL SUCH
CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
15. 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.
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 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.
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 thirty(30)calendar days following receipt of 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, unless such breach or default is not
susceptible to cure within thirty(30) calendar days, in which event Lessee shall have
such additional time to effect a cure as determined by Lessor.
16.3. Abandonment or Non-Use of the Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds for immediate termination of
this Lease by Lessor,unless such non-use is caused by Force Majeure, as set forth in
Section 27 below.
16.4. Lessee's Financial Obligations to Lessor upon Termination,Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 16.1, 16.2 or 16.3 of this Lease,
Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the remainder
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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 the Premises by Lessor be
construed as an election by Lessor to forfeit any of its rights under this Lease.
16.5. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease, all rights,powers and privileges granted
to Lessee hereunder shall cease and Lessee shall vacate the Premises. 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. 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.
17. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, or (2) deposited in the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: TO LESSEE:
City of Fort Worth Helicopter Institute, LLC
Aviation Department 101 Aviator Drive
201 American Concourse, Suite 330 Fort Worth, TX 76179
Fort Worth, Texas 76106-2749 (561) 386-6078
Mail Payments to:
City of Fort Worth
PO Box 99005
Fort Worth, TX 76199-0005
18. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lessor. Any such
transaction attempted by Lessee without prior written consent by Lessor shall be null and
void. If Lessor consents to any such transaction,the respective assignee or sublessee shall
consent to comply in writing with all terms and conditions set forth in this Lease the same
as if that party had originally executed this Lease.
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19. 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 cost
and expense, shall liquidate and discharge the same within thirty(30)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 immediately. 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. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee 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.
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.
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 Airport Systems 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.
21.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards,
as may be adopted by the City Council from time to time. Lessee shall be bound
by any charges adopted in the City's Schedule of Rates and Charges, as may be
adopted by the City Council from time to time.
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 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 age, race, color, national origin, religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression. Lessee further agrees for itself,
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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 age, race, color, national origin, religion,
disability, sex, sexual orientation, transgender, gender identity or gender expression.
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.
23. 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.
24. 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.
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.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this Lease or by Lessee's operations on the Premises,venue for such action shall lie in state
courts 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 each party shall be responsible for its own
attorneys' fees.
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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 by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
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. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority
has been granted by proper order,resolution, ordinance or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations in entering into
this Agreement or any amendment hereto.
32. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Lease,Lessee certifies thatLessee's
signature provides written verification to the City that Lessee: (1) does not boycott Israel,
and(2) will not boycott Israel during the term of the Lease.
33. 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.
[Signature Pages to Follow] Zf
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
on this the a*day of d tkig ,2020.
CITY OF FORT/WORTH:
By: /G
William Welstead
Director of Av'ation
Date: 7 � J�
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 William Welstead, 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.
IV EN UNDER MY HAND AND SEAL OF OFFICE this ,Z� �( day
Pve,�� BARBARA JEANETTE GOODWIN
0.
G�Notary Public,State of Texa
Comm. Expires os z 2os N Pub c in and for the State of exas
Notary ID 126732741
APPROVED AS TO FORM ATTEST:
AND LEGALIT :
By: F�F
Thomas Royce Hansen, ' dry ser
Assistant City Attorney ec>< tary
IFX�
OFFICU L REC;ORD.
MY SECHE TARP
FT. WORTH, TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
HELICOPTER INSTITUTE—Suite L23 Page 12 of 13
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Real l rQperty_manager _ y
1,41
Print Name:
LESSEE:
HELICOPTER INSTITUTE, INC.
���By: F� i
ndy Rowles
Date: 0-7 - I -� - -
STATE OF TEXAS II §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Randy Rowles,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 Helicopter
Institute,Inc. and that he executed the same as the act of Helicopter Institute,Inc.for the purposes
and consideration therein expressed and in the capacity therein stated. "
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 ��y\ day of
t 1 , 2020.
ASHLEY THOMPSON MIKEL
Notary ID Y132036624 Notary Publi i and for the State of Texas
s My Commission Expires
'lFo.ts' June 4, 2023
UFNUAL RECORD
CITY SECRETARY
WOR
TH,ORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
HELICOPTER INSTITUTE—Suite L23 Page 13 of 13
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JOB NO: 09053-00
DATE: 3 FEB 2017
SHEET: LL-1
1 .+
FORTWORTH.
INTEROFFICE MEMORANDUM
DATE: Noveinber 24,2014
TO: William B. Welstead, Director of Aviation
FROM: David Cooke, City Manager
CC: Fernando Costa,Assistant City Manager
SUBJECT: Delegation of Approval Authority
To facilitate operational efficiencies within the City of Fort Worth's Aviation Department, I am
hereby designating William Welstead, by this memorandum, and ptusuant to the powers and
duties granted to me by the Charter of the City of Fort Worth, as acting Assistant City Manager
for the limited and sole purpose of executing the following types of documents and any
amendments or addenda thereto:
1. Month-to-Month leases (e.g., Administration Building, T-Hangar, Community Hangar)
(approximately 25-35 per year);
2. Annual Leases (e.g., Administration Building, T-Hangar, Community Hangar)
(approximately 12-20 per year);
3. Agreements with the Federal Aviation Administration (FAA) for access to FAA-owned
and-operated navigation equipment on airports (approximately 4 per year);
4. Agreements with the Texas Commission on Environmental Quality (TCEQ) for air
monitoring on airport property(1 every 5 years);
5. Documents from airport tenants that do not obligate the City to terms and conditions and
where no funds are expended(e.g., Obligee Riders) (approximately 5 per year).
6. Fixed Base Operator (FBO), Self fueling and Operator permits issued by the Aviation
Department(approximately 30 per year).
This designation shall be effective on the above-stated date. I or any future City Manager has the
absolute right to terminate this designation, in whole or in part, for any reason whatsoever. This
designation does not include any duties, obligations, rights to acting pay or other compensation,
benefits,or other privileges of an Assistant City Manager.
I, or any other Assistant City Manager whom I may designate, will continue to have the authority
to execute the above-stated documents or any amendments or addenda related thereto as
authorized by the Charter and the Code of the City of Fort Worth.
If you have questions regarding the specific authority delegated herein,please contact me at your
convenience.
i �
_l
November 24,2014
Page 2 of 2
Da Coolce
City'Manager
Recommended by: Approved as to Form and Legality:
Fernando Costa Charlene Sanders
Assistant City Manager Assistant City Attorney