HomeMy WebLinkAboutContract 58013 CSC No. 58013
FORT WORTH AVIATION DEPARTMENT
ADMINISTRATION BUILDING OFFICE LEASE
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 DANA BURGHDOFF,
its duly authorized ASSISTANT CITY MANAGER, and S & B, INC dba WG HENSCHEN
CO. ("Lessee"), a Foreign For-Profit Corporation acting by and through ANDREW SERBAN,
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") in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1,036 square feet
of office space ("Office Space") identified as Suite 340, Third Level, depicted on
Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
2.1 Initial Term
The Initial Term of this Lease shall commence on the date of execution ("Effective
Date") and expire at 11:59 PM five (5) years following the Effective Date. In order
to terminate this Agreement, for any cause stated herein, a parry must provide the
other party with written notice of its intent to terminate not less than thirty (30)
days prior to the effective date of such termination.
2.2 Renewal Term
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 five consecutive
options to renew this Lease, each option for an additional successive term of one
year each (each a "Renewal Term") at a rental rate calculated in accordance with
Section 3.1 of this Lease and on terms and conditions that may be prescribed by
Lessor at the time. Lessee shall notify Lessor in writing of its intent to exercise a
respective option not less than ninety (90) nor more than one hundred eighty (180)
days prior to the expiration of the term then in effect. If Lessee does not exercise its
option for a first Renewal Term within the time frame provided herein, Lessee shall
no longer have any rights or interest in the Premises following the expiration of the
Initial Term and will have no rights to any Renewal Terms thereafter.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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2.3 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 effect at the time of the Holdover. The rate will be adjusted to equal the
then Fair Market Value, as determined by Lessor's market analysis. In no case shall
the rate be less than the value assessed upon completion of a property appraisal
completed by a third-party vendor that has been approved and secured by Lessor. A
ten percent (10%) increase will be added to the Fair Market Value rate until a new
lease agreement is approved and executed. The holdover period will not exceed six
(6) months from the time the current lease agreement expires. Upon the expiration
of the holdover period,the City may exercise all legal rights and remedies available,
including but not limited to eviction
3. RENT.
3.1. Rates and Adjustments.
Lessee shall pay Lessor rent for the Office Space based on a rental rate of$18.50
per square foot which will be payable in monthly installments of$1,597.17, for an
annual rental rate of $19,166.00 (Nineteen Thousand One Hundred Sixty-Six
and 00/100 Dollars). On October 1, 2022 and on October 1st of each year
thereafter during both the Initial Term, and any Renewal Term, 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 the
Premises.
In recognition and consideration of the initial Office Space base finish-out costs by
Lessee of approximately 1,036 square feet, which is currently valued at
approximately $103,600.00 ("Estimated Finish-Out Cost"), Lessor shall grant
Lessee a one-time incentive for the cost of the finish out expenses with a rent-
abatement for the Initial Term not to exceed 50% of the monthly rent for the Office
Space commencing on the Effective Date and ending at the end of the Initial Term
or when agreed upon rent-abatement amount is recovered (whichever comes first)
(the "Tenant Improvement Period"). During the Tenant Improvement Period
Lessor will recognize up to Fifty Thousand Dollars $50 000 of the Estimated
Finish-Out Cost of the Office Space performed by a licensed contractor. At issue of
the Certificate of Occupancy (CO) all actual finish-out construction costs will be
reviewed and evaluated for possible adjustments downward of the rent-abatement
period. Under no circumstances shall the Tenant Improvement Period exceed the
Initial Term of the Agreement. Lessee shall commence the payment of rent for the
Premises beginning on the Effective Date. Tenant incentives have no cash value and
are forfeited if not used during the rent-abatement period.
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3.2. Payment Dates and Late Fees.
Monthly rent payments under this Lease are due on or before the first (I") day of
each month. Rent shall be considered past due if Lessor has not received full
payment on or before the 1 Oth 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. CONSTRUCTION AND IMPROVEMENTS.
4.1. Mandatory Improvements.
As additional security for this Lease, Lessee covenants and agrees that it shall
construct the Mandatory Improvements (defined below) on the Premises owned by
the City of Fort Worth. The improvements approved and described on Exhibit `B"
shall be referred to as"Mandatory Improvements".
4.1.1. Lessee shall commence construction within three (3) months
following the execution of this Lease, subject to force majeure, of (i)
approximately 1,036 square foot office space within ("Suite 340").
Construction shall be completed and CO's issued no later than six (6)
months after construction commences, subject to force majeure and any
other delays not caused by Tenant.
4.1.2. Lessee shall complete the Mandatory Improvements according to the
Project Schedule("Schedule"), as identified in Exhibit"B", subject to force
majeure.
4.1.3. At the completion of construction, Lessee shall provide to Lessor: a
copy of the Certificate of Occupancy, a complete set of Record Drawings
and/or As-Built Drawings in Adobe PDF and AutoCAD formats, and
invoices or similar proof of expenditures indicating Lessee's expenditures.
Lessee shall fully comply with all provisions of this Section 4 in the performance of
any such Mandatory Improvements. Should construction not be completed as
evidenced by the issuance of a CO within the applicable time period set forth above,
Lessee shall be in default of this Lease and Lessor shall have the right to terminate
Lessee's rights to the Premises in its entirety.
In the event that Lessor and Lessee agree to deviate from the terms, provisions,
specifications or conditions of this Lease in any way, an Amendment to this Lease
shall be signed and dated by both Lessor and Lessee and shall be attached to and
made a part of this Lease and shall supersede the previous terms, provisions, and
specifications as specifically identified. Upon issuance of the CO for the Mandatory
Improvements, Lessor shall take full title to and ownership of the Mandatory
Improvements on the Premises (provided, however, that any Leasehold Mortgagee
shall retain its leasehold mortgage claim on Lessee's leasehold interest in and to the
Premises, including, without limitation,the Mandatory Improvements and any other
Improvements), subject to Lessee's leasehold interest pursuant to this Lease.
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The commencement and completion dates in this Section 4.1 are subject to the
provisions of Section 30 below, and any delay by reason of force majeure shall
result in a day-for-day extension of the period for performance, provided that the
party is diligently and continuously pursuing in good faith a remedy to the delay
during such time.
4.2. Discretiona Improvements.
Lessee may, at its sole discretion,perform modifications,renovations, improvements
or other construction work on or to the Premises (which improvements are in
addition to, and do not include, the Mandatory Improvements) (collectively,
"Improvements") so long as 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 Lessor's Director of Airport Systems or authorized
representative ("Director"), and such approval shall not be unreasonably withheld,
conditioned, or delayed. Lessor agrees to respond in writing to Lessee's requests for
approval within thirty (30) calendar days of receipt of such requests. Lessee
covenants and agrees that it shall fully comply with all provisions of this Section 4 in
the undertaking of any such Improvements. Lessor shall take full title to any
Improvements on the Premises upon the completion of construction of such
Improvements or earlier termination of this Lease, provided that trade fixtures shall
remain the property of Lessee and may be removed so long as Lessee repairs any
damage caused thereby.
4.3. Process for Approval of Plans.
Lessee's plans for Improvements shall conform to the Airport's architectural
standards and must also receive written approval from the City's Departments of
Planning and Development and Transportation and Public 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.
4.4. Documents.
Lessee shall supply the Director with comprehensive sets of documentation relative
to any Improvement, including, at a minimum, as-built drawings of each project.
As-built drawings shall be new drawings or redline changes to drawings previously
provided to the Director. Lessee shall supply the textual documentation in computer
format as requested by Lessor.
4.5. Bonds Required of Lessee.
Prior to the commencement of any Mandatory Improvements or Improvements,
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 bond shall guarantee (i) satisfactory
compliance by Lessee with all applicable requirements, terms and conditions of this
Lease, including, but not limited to, the satisfactory completion of the respective
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Improvements, and (ii) full payments to all persons, firms, corporations or other
entities with whom Lessee has a direct relationship for the construction of such
Improvements.
In lieu of the required bond, Lessee may provide Lessor with a cash deposit through
an escrow account in an amount equal to 125% of the full amount of each
construction contract or project. The Escrow account 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 escrow account shall be the property of Lessee and Lessor shall have
no rights in such interest. If Lessee fails to complete the respective Mandatory
Improvement or Improvement, or if claims are filed by third parties on grounds
relating to such Mandatory Improvement or Improvement, Lessor shall be entitled to
draw down the full amount of Lessee's cash deposit within the escrow account and
apply the proceeds to complete the Mandatory Improvements or Improvements or
satisfy the claims, provided that any balance shall be remitted to Lessee, including
any interest that had accrued. If the Lessee chooses to provide a cash deposit through
an escrow account in lieu of the required bond, the Lessee, Lessor and the financial
institution maintaining the escrow account will enter into a separate escrow
agreement prior to the commencement of any Mandatory Improvement or
Improvement.
4.6. Releases by Lessor Upon Compaction 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.
5. 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.
6. MAINTENANCE AND REPAIRS.
6.1. 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
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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.
6.2. 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 trespassers.
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.
6.3. 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.
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7. 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.
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 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.
9. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for the purpose proposed to and approved
by the Director. Any proposed change to the use and activity within the lessee space must
be approved by the Director prior to the change occurring.
10. SIGNS.
Lessee may, at its own expense and with the prior written approval of the 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 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. Sign space on the front entrance monument sign is first-come, first-
served. There is no guarantee of sign space.
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 Director or authorized representative.
11. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
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12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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
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.
12.5. 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.
12.6. 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.
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 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 following insurance coverage at the limits specified herein:
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Commercial General Liability:
$300,000.00 per occurrence
In addition, Lessee shall be responsible for all insurance to any approved
construction, improvements, modifications or renovations on or to the Premises
and for personal property of Lessee or in Lessee's care, custody or control.
13.2. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits 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.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter as proof that it has
obtained the types and amounts of insurance coverage required herein, and Lessee
shall submit a similar certificate of insurance annually to City on the anniversary
date of the execution of this agreement. 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, nonrenewal 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.
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15. INDEMNIFICATION.
LESSEE HEREBYASSUMES ALL LIABILITYAND RESPONSIBILITY FOR 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 BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR 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 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 SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
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 FROM AND AGAINST ANYAND ALL SUCH
CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR..
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.
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17. TERMINATION.
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. Termination Due to Aeronautical Need for Leasehold
If Lessee is using the Premises for a Non-Aeronautical related use, in the event that
an aeronautical use for the leased premises is deemed necessary by Lessor, Lessor
shall have the right to terminate this Lease and shall provide thirty (30) days written
notice to vacate the premises.
17.3. 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.
17.4. 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 30 below.
17.5. Lessee's Financial OblilZations 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 17.1, 17.2 or 17.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for 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 the
Premises by Lessor be construed as an election by Lessor to forfeit any of its rights
under this Lease.
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17.6. Riehts 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.
18. 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 S & B, Inc. dba WG Henschen Co.
Department of Aviation Andrew Serban
201 American Concourse, Suite 330 7363 E. Tierra Buena Ln., Suite 100
Fort Worth, Texas 76106-2749 Scottsdale, AZ 85260
480-348-8279/aserban@wghco.com
19. 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 reasonable consent of
Lessor, such consent shall not be unreasonably conditioned, withheld, or delayed. 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.
20. 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
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 12 of 22
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
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 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 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 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.
22.1. Compliance with Minimum Standards and Schedule of Rates and Climes:
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.
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 age,race, color,national origin, religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression. 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 age, race, color, national
origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender
expression.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 13 of22
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.
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.
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.
28. 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.
29. 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.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 14 of22
30. FORCE MAJEURE.
Lessor and Lessee will exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but will not be held liable for any delay or
omission in 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 the public enemy; fires; strikes; lockouts; natural
disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of
government; material or labor restrictions by any governmental authority;transportation
problems; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any States; civil disturbances; other national or regional
emergencies; or any other similar cause not enumerated herein but which is beyond the
reasonable control of the Parry whose performance is affected(collectively, "Force
Majeure Event"). The performance of any such obligation is suspended during the period
of, and only to the extent of, such prevention or hindrance, provided the affected Party
provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of
the Force Majeure Event, with the reasonableness of such notice to be determined by the
Lessor in its sole discretion. The notice required by this section must be addressed and
delivered in accordance with this Lease.
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.
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.
33. 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.
[Signature Pages to Follow]
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 15 of 22
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
on this the day of .2022.
CITY OF FORT WORTH:
By Dana Burghdoff(Au 18�CDT4/
Dana Burghdoff
Assistant City Manager
Date: Aug 21 , 2022
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 Dana Burghdoff, 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
.2022.
Aug 22, 2022
Selena Ala(Aug 22,2022 09:25 CDT)
Notary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: By: Jannette S.Goodall(Aug 22,202214:36 CDT)
Thomas Royce Hansen Jannette S. Goodall ORrn�a�
Assistant City Attorney City Secretary �Al °°°°°°°°°�Od��
° °09 d
M&C: 22-0587 �v0 °_�
o o d
M&C Approval Date: 08/09/2022 JSG
1� °°°° °°o+�
Form 1295: 2022-894109 aa4�nEXASbap
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 16 of 22
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.
Saa6auL�eclu�ut
Barbara Goodwin
Real Property Manager
LESSEE: ATTEST:
S & B,INC. dba HENS HEN CO.
By: Bv:
rew Serban
ice�P'rre/sident
Date: .�j ?(D/ 2-2
STATE OF ARIZONA §
COUNTY OF J ll?/V lelv,41-�z §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Andrew Serban 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 S &
B, INC. dba WG HENSCHEN CO. and that he executed the same as the act of S & B, INC. dba
WG HENSCHEN CO. for the purposes and consideration therein expressed and, in the capacity,
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this D day of
vr.J 32022.
N ary Public in and for the State of Arizona
JAMES GULLEY
Notary Public Arizona
Maricoaa County
Commission##610714
My Commission Expires July 18,2025
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 17 of 22
EXHIBIT "A"
LAI
SHE..
111111111M
lMAffilill-
. 14
�.
77,
x
1na111.
sm
sus71s
1♦ v n
THIRD FLOOR
SCALE:V32"4-0°
= Y TENANT SPACE
b H a h eld architects 200 Bailey Ave.,Suite 200
MEACHAM OFFICE BUILDING Hoff r planners Fort Worth,Texas 76107
F 817.921.5928
FORT WORTH,TX Sta ford interiors tax 817.302.0692
Suite 340
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 18 of 22
EXIMIT `B"
MANDATORY IMPROVEMENTS
Approximately 1,036 square feet of office space
• All mandatory improvements for Suite 340 must be completed in accordance with Section
4.
• Construction of office space finish-out will be completed within six(6)months of the
execution of the Agreement and approved by the Director or authorized representative.
• Construction materials will be in keeping with building standard unless otherwise approved.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 19 of 22
1kw'3':HENSCHEN
AEROSPACE d D F F E N 5 F ➢ISTArE7T0R OFFICES NEED TO BE SOUND
F V vR►Lw■ —PROOF AS WELL AS POSSIBLE I
DOUBLE PANED GLASS
I 340 STOREFRONT SYSTEM
BOTH OFFICES WILL
NEED A TV MONITOR NEED LARGE INTERNAL
HERE WINDOWS TO
OVERLOOK THE
LOUNGE AND SALES
Storage CUBICLES
Cabinets LOUNGE PICTURES
FROM OLD SPACE-
BERT TO SHARE
WILL NEED A
LARGE STORAGE COUNTERTOP
CLOSET FOR BREAK SPACE-
INCEDENTAL& HIGHTOP AREA FOR
SUPPLIES I BUILT IN S 0 LUNCH SPACE
G Open Seating Area MONITOR ABOVE
Printer
Cabinets Storage
�I Cabinets
2'H PEDESTAL NEEDED
FOR PRINTER-
PRINTER IS LARGE I I WILL NOT NEED
ROBERT TO SHARE A IDF ROOM
SPEC
ROUTER ON
8 CEILING
Kitchen STATIONS
Cabinets HERE
Cubicles l
K oc ALL WINDOW-
FLOOR TO
CEILING
cow ILT IN
�13 CRO
FFEE
TV MONITOR I
I I
BUBBLE DIAGRAM OF SPACE FROM CLIENT All nYeasurrment:are approximate
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 20 of 22
EXHIBIT "C"
INSURANCE REQUIREMENTS
FORT WORTH
n`tolt n EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
nwocy Cnnmemial Han4:vr r,�:P Autanabile L-ability fro
Categxy insurance General eepers 1mparmert tircraft and Passe xis Include Hired S Non-oNmed
Liability Liabifry L,m.,, L`3Mrt1r Ve-hictees)e
Fixed Base Operators(FBO's) Y+ 55.000,000 SS0DD,000 51,000.DD0 S 1.000.000
Aircraf Mank?nanoe Operamr and
Av.cnos or Instnxnern Wamertmee 51,000.000 S1.00O.DDD S 1_DDD,000
Operatcr-pistork
Aifcra t Mart@ canoe Operator and
Avaws or Insburrent Maintenance - S5.U30.000 $1,000000 S 1.O00.000
Ooeraa-Turtxre
Awon cs or Insbtonent MarrVrtahce
Ops�i--Chwork Only) S1 5 1,D0D,000
Arr--al Rend or RW TraraV r S1,D00,0woccurrence
�or Y $1.000.400 S 1.DDD,000
51M.D00jmcsenger
Arv*ChxierorArerst ti SF.ODO.D00 SS.DDD,ODDtoccurrerhce S I.DDRD00
Man n operator 5500.00D ssfrn0er
ArvsYSales Ot mor S1,ODO.ODD 51.DDD.000 51.DDO,OOd'occtrrernce 5 1,DDD,OM
5100,DDDpassenger
51000,OF33 S1,0M,OD0
ArcrarT Storage Cox
b5,000.000 S5.O00,000 S I_DDD,000
S1,MD,G occurrence
Avi�mSer►ice,;alePrcprie0v b1,000_DpD' 5100,DOd�passengy` 3 250,000
Other Camheraal Aeronanrtr tl Activities 51.6now 53001)M-occurrence 5 1_00,000
Terrpaay Specialized Avalim 51,000,0D0 530 .00(koccurrenoe $ 1.000.0M
Swwe Opeatcr
Non-Camrercial Ham Lessee 57.000.0i70 UW_QMoccurrence S 1,OM.000
Non-CartrtredRywgClub S1DD00007 3100D,0001ocaxnence S 1.000.000
5100.00dkaas
Permitee,(Jet Fuel ardor Awws 1 SI,D00.00D 31.000,OUD 5300=roocumence S 1.000,000
NonZonvrpimat W-FLA";;
Pemutee 51_DD0.000 3ff013,000 330DOO-ocshrrmce S 250.OM
(Alternative Fuels ea nxgasl
Box Hangar.T-Hangar.Carvnst-1 S 1900.000^ 3300.00&=urrence S 250.000
Hangar
Other 'Insurance rtwremmts subject to dctgr mnahm by Av3t=Depatrriervt aid Rsk Management
Addwnal Insurance Re rgnerm
-LeSSee'S Felitits are to be Mmmy 11D any other vaW and ec&ctble 1 ns.ca+ce aualable to the City
-,4tF poiioes s3sait mdude a Wanner of ChrrDanon n favorv! Cty rTemporary SJL,O nwst aSn,r< Perpart Lessee)
-The City of Fort Worth 1,4�be nanwd,as Asdti w%N kmwed rTovpwwy SASO rust a1s3 mdude Aroorl Lessr_e1
42oktes shall hawe no erdmors by[4h v t4raM-t,wh rh.netrt�r nulfify or ar+ettd the'"WvLd li-s of caa_�_-rxr a�e::r the timm of sa d ow--rage
'Cwerage per arcraft should be equiva)ent to the average aircraft vAP at one tnr_and woeraW per occurrence should be equwAwd to the average of the
rrwanum value of toW aruaft at am Fyne,but not$ess than the amount noted above
Most rcktoe wgerrt instructsum Catrage
=R airwt s>aage»!tea s vrovorg sLibltzMg space for ancaft storage
4 Oniyre¢hired forthese prvrCe a't gtR
s Depends an krms of tha lease ap-3nem
"B vfhrde Parked isr xie-Stw-M0nnmms hwrcitld acc y
s Coverape may be prorrdrd by endwsernent
Aviation Mummum Standards. City of Fat Worth Awatan Depwvnertt(0BiMrA14)
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.—Suite 340 Page 21 of22
DEFINITIONS:
CaveraW for 9Jkliing includes[lotft is not hmisBd Ali the buiiCrg and str hature.s,completed additions w covered
E' s-ov-char font .permanently inglAl d rcLmEs,madww- and equipment. The be kkV material used to
nt3irr.3n and urai a the r-stc+ed-s nrem-�es is also rrsvred. 9" s Personal Pn*c�qf vwned by the nstred and
r in the rtwred s 6usinoss is oosrered roe direct loss nr damage. The coverage includes Ibut is not WnrL'-d te1
f rnkure and frxhxes.stack,intpravemen5 and betterments,leased pretty for which you haw a contractual
OoVahon to rrwre and sewrarl other sire W bustnes=property"ms iv hen no*specil5cally juxotude-d from xo -age-
The Voicy 15 also dared to prt++G the w*red against loss or damage to the Perscnaf Prop"of ON,-rs whg--
in the irstaed's care.atsaody and control.
PROPERTY DiSURANCE
PkF+hss trrcome Isometrmes called Business Irtanup6mI of ords proteeuon agarnsl lhs loss of earrnngs of a
bur, ss dung the tire squired to retxa'!d or repair covered provery dxnaGed or dastrnyed by fre or scene other
Psured cause of loss.
Extra rice allows=Q erage for thase adddmrW expenses ovar and above norrnal cos-asmg wpe-rses pad due
to damage�n crn_red propef:y from a eavered cause of loss. These e-mpenser cuwd arclude rem_vtNitres,mov rg
aAW,sa5.teWohone,advLrrilarg and Labor
This coverage protects the Insured for boday m#ury or property damage to tthe 2 d parties,for vAnc h they arc F'9alyr
IiablE-The 6afiCy 47L7Vers daCide17C5[�r,.f71ng On�.( pr=rh+is away frnrn the prem�G- Coverage is pravided tar
iniuryor damages arssg out of goods or products made or sold by*�r-named insured Coverage rs aTlurakd for
the named mshaed and employees of the rtatned+r>stred-.hower=r-sm rat individuals and orgarimtpns adw..*on
the named nsLTed may be covered dupendirg upon o2rlalh c rc-L'-stanrres speoMed in the policy. In addtion bo the
[mrm,tt*pa[y pra-ides supplemetr d payrr*nts Sar astarney k-es,caret costs and other expense-s aswc+ated vrdi
a c am or the defence of a kabiky sv2
Coverage A-BoMy lrljury and Property Damage Iiabidty
CONI QURCIAL GENERAL gad i lnfury averts plTYsiCaf ryu srckr>ess a disease.iruekfdrrg dAattt Property Damage means physical kqunl
LLABILITI to tshgib�--property mc!L drrhg she reszJarg loss of ire o'that property
Coverage B-Personal!-jury and AdvertisirM bVuy Liability
Personal Injury means false arrest,malicious prosecution.wrongful entry orevicbon.libel.slander and violations of
a person ri 2M of pdvaey. -Advertiong Injury means Irlbel,s:3nde-.disparag-mervL-mabon=_of a person's right o'
pricy.rnisappraprradren and c yrgi,1—WVement
Coverage C-MecW-W Payments
M dicaf Payments m8mis mcd r_aI erperece=_for bodiIv ryywyl caused by an axxiwtt
krAwns the hange erator r op for t--gai obigabons to pay damages due to lass to an arcs. }�iha'.C rS wf-en
F[Z G_�iHiL EFEIiS arruraff Is in the care, or oarnrol of the chase d?nr saFek__
LIABICSI7 �furtg.sr�age.serv+p or rep ar.Crrveraae
extends to kabikty clans Ire omwg an aaaafNs loss of use.
Irhst,ftQs Ltie poiutinn exposure a55a:ia:_�d with ii t-sau>ad's propery and operations,krJuding aoss 0 cleanup and
E\I IRQ�f1 17 aL remedial or car-L aebon dole to a third-party demand cr a govemm-m or&H The Polrffapn exckrsbn v ger e-al
6abikky insuarry efl ct v-0V elmirates c Prage fcr damages for b3ify�jt,y-property damage and r35anup costs
M PIIMENT LIABILM NLmg front magi!ypes of pollution e a�.Eerat��e of vas.custom wed F�rottrroan fe:five pakiW exposure or
nuneaors insureds in this cat_--Wry is essenead
Coverage geared specifically to the operati7r of akuraft and the risks invnhcd in aviabm.Awam insurance
pokpos are drstrhetfy dW1--rer>t from those for of.r areas of transportation and tend to rroorgorate aviation
AMCILAFT AND terminokvy,as yell as tg[mirlplpgy,'nrnrts and&Iu5es Specific to 3viabon iRslif-ance.Passenger iabgty protects
PASSENGER LLABTLITI passengers Ong in the aaradent aircraft who are atjured or killed.to many counbies this coverage is mandatory
orry For oammerc al or large arenOt Coverage is oft- sold on a"per-'eat`basis.Wmh a spacireed krnK tar each
passengerseat_
The rhatidrly coverage of the Brims Auto Policy prvaridas protection against legal iab*ly arrsng airs al the
?,uroxtOBILE LI_ Bnxry --hip.hip•main�ar use of any insured""mobile- The Tsuring agreAmem agrees to pay for batch quay
1TO iIVCLLDE HIREC?, or PrnPerrY damage for tvhir;h the insured is Ieg-afiy response-because of an au tornabhle arcadert- The policy also
NON-0Z1-,%'ED VMCLFS1 sites that rn addition to the payrnem of damages,the msur r ass aijn e, to defend the insured for aN kVI
�ferre cyst. Title defa'nse is in addiZron to tree pWary Itm�.
1V AIVER OF "nagreismerr behveen hm parities in which one Party agrees to wave suaragatian rgrus again-!another in the
sLBxoG Arl
E:eM of alies- The intent is in pre'�tt one pa y's insurer from ptrsutrhg suhrogawn ag x ti t the other party.
an
AYUTion Minimum Standards. C-ky of For I-wh Avu in-o Cugla Tnir t-OM20t )
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
S&B,Inc dba WG Henschen Co.-Suite 340 Page 22 of 22
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FT_ Ir-
H
Create New From This M&C
REFERENCE **M&C 22- 55FTW WG HENSCHEN
DATE: 8/9/2022 NO.: 0587 LOG NAME: ADMIN BLDG LEASE SUITE
340
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 2)Authorize Execution of an Administration Building Office Lease Agreement with
S & B, Inc. dba WG Henschen Co. for Suite 340 at Fort Worth Meacham International
Airport
RECOMMENDATION:
It is recommended that the City Council authorize execution of an administration building office
lease agreement with S & B, Inc. dba WG Henschen Co. for Suite 340 at Fort Worth Meacham
International Airport.
DISCUSSION:
Staff received a request from S & B, Inc. dba WG Henschen Co. (WG Henschen) to lease
approximately 1,036 square feet of third level office space at Meacham Administration Building
located at Fort Worth Meacham International Airport.
WG Henschen, an aeronautical company, has agreed to execute a lease agreement with an initial
term of five (5) years. If WG Henschen performs and abides by all provisions and conditions of the
Lease, upon expiration of the initial term of this Lease, WG Henschen shall have five consecutive
options to renew the Lease, each option for an additional successive term of one (1) year, bringing
the total potential lease term to ten (10) years. The initial term of the Lease shall commence upon
execution of the lease document by all parties (Effective Date).
WG Henschen has elected to perform, at its sole cost, the tenant finish-out of Suite 340. In
recognition and consideration of the initial office space base finish-out costs by WG Henschen of
approximately 1,036 square feet, which is currently estimated at approximately $103,600.00, the
City has agreed to a one-time incentive for the cost of the finish out expenses with a rent-
abatement for the initial term not to exceed fifty percent (50\%) of the monthly rent for the office
space commencing on the effective date and ending at the end of the initial term or when agreed
upon rent-abatement amount is recovered (whichever comes first) (the Tenant Improvement
Period). During the Tenant Improvement Period the City will recognize up to Fifty Thousand Dollars
($50,000.00) of the estimated finish-out cost of the office space performed by a licensed
contractor. At issue of the Certificate of Occupancy (CO) all actual finish-out construction costs will
be reviewed and evaluated for possible adjustments downward of the rent-abatement period.
Under no circumstances shall the Tenant Improvement Period exceed the initial term of the
agreement. WG Henschen shall commence the payment of rent for the premises beginning on the
effective date. Tenant incentives have no cash value and are forfeited if not used during the
Tenant Improvement Period. All terms and conditions of the Lease will be in accordance with City
of Fort Worth and Aviation Department Policies.
Before rent abatements are applied during the Tenant Improvement Period, the rental rate is based
on $18.50 per square foot. Annual revenue from the Lease is $19,166.00, payable in monthly
installments of$1,597.17 per month. On October 1, 2022, and on October 1 st of each year
thereafter during both the initial term and any renewal term, WG Henschen's rental rate will be
adjusted to comply with the rates prescribed for the premises by the City's Schedule of Rates and
Charges in effect at the respective time.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30140&councildate=8/9/2022 8/16/2022
M&C Review Page 2 of 2
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease, funds will be deposited into the Municipal Airport Fund. The Aviation Department (and
Financial Management Services) is responsible for the collection and deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Roger Venables (5402)
Additional Information Contact: Ricardo Barcelo (5403)
ATTACHMENTS
55FTW WG HENSCHEN ADMIN BLDG LEASE SUITE 340.xlsx (CFW Internal)
Form 1295 Certificate 100916759.pdf (CFW Internal)
Meacham Third Floor, Suite 340.pdf (Public)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30140&councildate=8/9/2022 8/16/2022