HomeMy WebLinkAboutContract 32148 CITY SECRETARY
CONTRACT NO. 2;1�qe�
FORT WORTH SPINKS AIRPORT
HANGAR LEASE AGREEMENT
HANGAR W-1
This HANGAR LEASE AGREEMENT("Lease") is made and entered into by and between the CITY
OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the
State of Texas, acting by and through Marc Ott, its duly authorized Assistant City Manager, and FWS
Realty,Ltd. (Lessee")a Texas limited partnership,acting by and through John Cockerham , the duly
authorized Manager of Harrison Realty Investments,LLC, a Texas limited liability corporation and
Lessee's sole general partner.
In consideration of the mutual covenants, promises and obligations contained herein,Lessor and Lessee
agree as follows:
1. PROPERTY LEASED.
1.1. Demised Premises.
Lessor hereby demises to Lessee the following real property(hereinafter referred to collectively
as the"Premises")at Fort Worth Spinks Airport("Airport"): (i) 10,000 square feet of
conventional hangar space, identified as Hangar W- 1 and depicted on Exhibit"A,"attached
hereto and hereby made a part of this Lease for all purposes, but specifically excluding the
approximately 2,500 square feet of office space therein(the"Office Space"), which is also
depicted on Exhibit"A"and shall remain in the possession of Lessor and/or any party to whom
Lessor elects, in its sole discretion,to lease,license,assign or otherwise convey such Office
Space.
1.3. Rights of Access by Lessor and Certain Third Parties.Lessor, its officers, agents,
servants,employees, tenants, licensees,contractors and subcontractors,hereby reserves the right
of full access to Hangar W-1 at all times and at no cost in order to use and permit lawful use of the
Office Space. Lessee will provide Lessor with any keys, security codes and all other information
or material necessary for Lessor, its officers,agents, servants,employees, contractors and
subcontractors to enter Hangar W- 1.Lessee hereby authorizes Lessor to duplicate any such keys
and to divulge any such security codes or other information to(i)Lessor's Aviation Department
personnel whose duties require access to the Office Space and (ii)tenants and/or licensees of
Lessor who rent or use all or a portion of the Office Space.
1.4. License of Parking Facilities.
In connection with the authorized use of the Premises under this Lease,Lessee, its officers,
employees, agents, contractors, subcontractors and patrons shall have the non-exclusive right to
park automobiles in the parking area adjacent to Hangar W- 1 identified on Exhibit"A"solely in
accordance with Airport regulations and any specific instructions or directions of the Aviation
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Department Director or authorized representative ("Director").
2. TERM OF LEASE.
2.1. Initial Term.
The"initial Term" of this Lease shall commence at 12:00 AM. on July 1, 2005 ("Effective Date")
and expire at 11:59 P.M. on June 30, 2006, unless terminated earlier as provided herein.
2.2 Renewals.
Unless Lessee is in default under this Lease at the time, at Lessee's option this Lease shall
automatically renew for subsequent terms of one (1) year each (each a"Renewal Term")at
rental rates for comparable property at the Airport, as specified by the Aviation Department's
published Schedule of Rates and Charges ("Schedule of Rates and Charges") in effect at the
time; provided, however, that, notwithstanding anything that may be construed to the contrary
herein, this Lease may not be renewed for any term past June 30, 2045.
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 the Schedule of Rates and
Charges or similarly published schedule in effect at the time.
3. RENT.
3.1. Annual Rent for Premises.
From the Effective Date until September 30, 2005 Lessee shall pay Lessor rent for the Premises
based on an annual rate of$1.46 per square foot for conventional hangar space or$1,216.66 per
month. Prior to or on the Effective Date of this Lease,Lessee shall pay one (1) month's rent in
advance.
3.2. Annual Adjustments.
The rental rates set forth in Section 3.1 shall be subject to increase by Lessor on October 1, 2005,
and on October 1 of any year during the Initial Term or a Renewal Term (other than on the
effective date of any Renewal Term, in which case, as provided in Section 3.1, the rental rates
shall be adjusted to equal the then-current rates prescribed by the Schedule of Rates and Charges)
to reflect the upward percentage change, if any, in the Consumer Price Index for the Dallas/Fort
Worth Metropolitan Area, as announced by the United States Department of Labor or successor
index and/or agency during the immediately preceding twelve-month period("CPI Change")
(i), for the first increase, since the Effective Date of this Lease and(ii) for each subsequent
increase, since the effective date of the last increase ("Annual Rent Adjustment"); provided,
however, that Lessee's rental rate shall not exceed the then-current rates prescribed by the
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. If there is no CPI Change or the CPI Change is
downward, the rental rate for the Premises shall remain constant until the following October 1 st.
In no event shall the rental rate for the Premises ever be adjusted downward.
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If the airport management is being handled by an entity other than the Lessor, then Lessee shall
have the right to request that a market survey be prepared for the Airport and to pay the lesser of
the unimproved ground rental rate calculated by the market survey rate or the applicable
unimproved ground rental rate.
3.3. Payment Dates and Late Fees.
Monthly rent payments are due on or before the first(1st) day of each month. Payments must be
received during normal working hours by the due date at the location for Lessor's Revenue Office
set forth in Section 16. Rent shall be considered past due if Lessor has not received hill payment
after the tenth (10th) 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%) per month on the entire balance of any overdue rent that Lessee may accrue.
4. UTILITIES.
Lessee shall pay Lessor One Hundred Dollars ($100) per month as Lessee's pro rata share of the
utility costs associated with Hangar W-1. If any utility rates are increased during the Renewal
Term, Lessee shall also pay as its pro rata share 15% of the respective utility rate increase
following the date it receives written notification from Lessor of such rate increase, Lessee shall
deliver its monthly utility payments to the location for Lessor's Aviation Department as set forth
in Section 16 on or before the first day of each month,
5. MAINTENANCE AND REPAIRS.
5.1. General Maintenance and Repairs b-
i 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.
Subject to Section 5.2 of this Lease, Lessee, at Lessee's sole cost and expense, will make all
repairs necessary to prevent the deterioration in condition or value of the Premises, including, but
not limited to, the maintenance of and repairs to all hangars and other structures, doors, windows
and roofs, and all fixtures, equipment, hangar modifications and surrounding pavement. Lessee
shall be responsible for all damages caused by Lessee, its agents, servants, employees,
contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair all such
damages at Lessee's sole cost and expense.
Lessee agrees that, except as otherwise expressly provided herein, all improvements, trade
fixtures, furnishings, equipment and other personal property of every kind or description which
may at any time be on the Premises shall be at Lessee's sole risk or at the sole risk of those
claiming under Lessee. Lessor shall not be liable for any damage to such property or loss suffered
by Lessee's business or business operations, which may be caused by the bursting, overflowing or
leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating
fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of any other matter.
Lessor agrees to assist and cooperate with and not impede Lessee with respect to any and all
maintenance and/or repairs deemed necessary by Lessee, with the understanding that the financial
obligation to accomplish such maintenance and repairs remains with Lessee.
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5.2. Major Repairs to Existing Hangar.
With regard only to Hangar W-1, Lessee will be eligible for a rent credit in accordance with this
Section 5.2 for the following types of maintenance or repair projects: (i) repairs or replacement to
the existing foundation where necessary to preserve the structural integrity of the hangar; (ii)
replacement of the existing roof or exterior walls of the hangar; and (iii) replacement of existing
heating, ventilation and air conditioning systems serving the hangar. In order to qualify for this
rent credit, Lessee shall first submit all plans and specifications and estimates for the costs for the
proposed work, as well as contractor names and other pertinent information, to the Director.
Upon the Director's (i) written certification that the proposed project qualifies for a rent credit
under this Lease and (ii) written approval of the plans, specifications and cost estimates and other
requested information (collectively, the "Approved Plans"), Lessee may proceed with the project
in accordance with the standards and requirements set forth in Section 7 of this Lease. Each
month during any such project, Lessee shall submit to the Director paid invoices,canceled checks
and/or other documentation reasonably required by Lessor to verify the actual expenditures of
Lessee for work undertaken in accordance with the Approved Plans.
Within ten (10) working days of receipt of such documentation, the Director shall notify Lessee
of any disallowances, including, but not limited to,expenditures made for work that does not
comply with or conform to the Approved Plans. Upon completion of the project to Lessor's
reasonable satisfaction, Lessor shall notify Lessee of(i) the full project costs qualifying for the
rent credit and (ii) the full amount of the rent credit, which shall be eighty percent (80%) of the
full project costs qualifying for the rent credit (the "Rent Credit"). Beginning on the first day of
the following month, Lessee will receive credit on a monthly basis for an amount not to exceed
fifty percent (50%) of each monthly rental payment under this Lease until Lessee has received the
full amount of the Rent Credit. If this Lease is renewed for a Renewal Term, the Rent Credit will
continue to be due and earned without interruption. However, Lessee shall waive the full balance
of any Rent Credit due hereunder if(i)the City lawfully terminates this Lease in accordance with
its terms and conditions; (ii) this Lease is not renewed for a Renewal Term; or(iii)this Lease
expires.
5.3. Inspection.
In addition to the rights of access granted by Lessee pursuant to Section 1.3, Lessor shall have the
right and privilege, through its officers, agents, servants and/or employees, to inspect the
Premises at any time during normal business hours. Except in the event of an emergency, Lessor
shall conduct during Lessee's ordinary business hours and shall use its best efforts to provide
Lessee at least twenty-four(24)hours' notice prior to inspection, unless an emergency situation
exists requiring immediate inspection, in such event that Lessor will attempt to notify Lessee by
phone, fax or e-mail that an inspection will be conducted within a two(2) hour period. Lessor
shall have the right to perform any and all duties or obligations that 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. Lessee will permit the City's Fire Marshal or his or her
authorized agents to inspect the Premises and Lessee will comply with all requirements of the
Fire Marshal or his or her authorized agents that are necessary to bring the Premises into
compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire
safety, as such provisions exist or may hereafter be amended, but only in the event that the
applicable law, code or regulations require such changes when the Premises are not subject to
substantial remodeling, construction or renovation. To the extent that third parties or entities
(other than Lessor and its various departments), e.g., the Federal Aviation Administration, the
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United States Department of Transportation, etc., impose new obligations and/or requirements on
Lessor through amendments to regulations or implementation of new standards, Lessee shall
determine the most efficient means and/or methods of compliance and accomplish same, if
required by law. 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.
Notwithstanding anything to the contrary in this Section 5.3,Lessor shall have the right to inspect
the Premises at any time and for any purpose in the event of an emergency.
5.4. Performance.
If Lessee is responsible under this Lease for any maintenance or repairs, Lessor shall notify
Lessee in writing. Lessee agrees to undertake such maintenance or repair work diligently within
thirty (30) calendar days following receipt of such notice. If Lessee fails to undertake the required
maintenance or repairs within this time, Lessor may, in its discretion, undertake such
maintenance or repairs on behalf of Lessee. In this event, Lessee will reimburse Lessor for the
cost of the maintenance or repairs, and such reimbursement will be due on the date of Lessee's
next monthly rent payment following completion of the maintenance or repairs.
5.5. Environmental Remediation.
Lessee agrees that it has inspected the Premises and is fully advised of its own rights without
reliance upon any representation made by Lessor concerning the environmental condition of the
premises. LESSEE, AT ITS SOLE COST AND EXPENSE, AGREES THAT IT
SHALL BE FULLY RESPONSIBLE FOR THE REMEDJA TION OF ANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL
ENVIRONMENTAL REGULATIONS OR STANDARDS THAT IS CAUSED BY
LESSEE, ITS OFFICERS, A GENTS, SER VANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES. Lessor shall be responsible for
the remediation of any violation of any applicable federal, state or local environmental
regulations that is caused by Lessor, its officers, agents, servants or employees. For any violation
of any applicable federal, state or local environmental regulations that is caused by a contractor of
Lessor (other than Lessee), a subcontractor, prior tenant or other third party, Lessor shall be
responsible for the remediation of the same or shall take all necessary steps to ensure that the
person or entity causing such violation remediates the same.
5.6. Lessee's Acceptance of Premises.
Lessee accepts the Premises in its present condition as satisfactory for all purposes set forth in
this Lease.
6. DAMAGE OR DESTRUCTION TO PREMISES.
In the event of fire or other casualty which damages or destroys all or any part of the Premises,
the following provisions shall apply:
6.1. Coverage ty Lessee's Insurance.
Lessee's property insurance, as required by Section 11.1 of this Lease, shall be primary to any
insurance on the Premises carried by Lessor and shall be used exclusively to repair or rebuild the
damaged or destroyed portions of the Premises. Lessee shall be responsible for oversight of all
repairs or reconstruction on and to the Premises and shall repair or rebuild the damaged or
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destroyed portions of the Premises to the size and standards that meet or exceed the size and
standards of such portions of the Premises prior to the damage or destruction. All repair and
reconstruction activities carried out by or on behalf of Lessee shall be conducted in accordance
with Sections 7.2 through 7.6 of this Lease.
6.2. Premises Uninsured or Underinsured by Lessee.
If Lessee fails to carry adequate property insurance in accordance with Section 11 of this Lease,
Lessor, at Lessor's sole option, may (i) terminate this Lease upon thirty (30) days' advance
written notice to Lessee or(ii) repair or rebuild the Premises substantially to its former condition
at Lessor's own cost and expense. If Lessor notifies Lessee in writing within thirty (30)days
following the date of damage or destruction that Lessor intends to undertake the necessary repairs
or reconstruction, and the damage or destruction does not render the affected portion of the
Premises untenable, this Lease shall continue in effect without any rent abatement whatsoever so
long as Lessor diligently commences the repairs or reconstruction within one hundred eighty
(180) days from the date of the damage or destruction. If the damage or destruction does render
the affected portion of the Premises temporarily untenable, or Lessor does not commence the
repairs or reconstruction within one hundred eighty(180)days from the date of the damage or
destruction, then for the period of time between the date the Premises become unintenable or the
one-hundred-eighty-first (181st) day from the date of damage or destruction and the date a
certificate of occupancy is issued for the portion of the Premises that was rendered untenable, rent
shall be proportionally reduced by the amount of square footage rendered untenable. Upon the
issuance of a certificate of occupancy and thereafter, rent shall comply with the Schedule of Rates
and Charges in effect at the time as they apply to the Premises as improved by Lessor. In other
words, if Lessee was paying an unimproved ground rate and, pursuant to this Section 6.2, Lessor
repaired or rebuilt an aircraft hangar originally constructed by Lessee, then the subsequent rental
rate would not be that for unimproved land, but rather that which applied to similar hangar space
at the Airport at the time.
7. CONSTRUCTION AND IMPROVEMENTS.
7.1. In General.
Lessee may, at its sole discretion, perform modifications, renovations or improvements on or to
the Premises(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 the Director. Lessee covenants and agrees that it shall fully comply with all
provisions of this Section 7 in the undertaking of any such Improvements, Lessor shall take full
title to any Improvements on the Premises upon the expiration 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.
7.2. 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 Lessor's Departments of Development, Engineering and
Transportation/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.
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Lessor covenants and agrees that, upon receipt of such plans, specifications and estimates that it
will identify any and all omissions or flaws in such submission by Lessee within ten(10)business
days and upon the receipt of satisfactory and complete plans, specifications and estimates, Lessor
shall promptly review, consider and make a decision on approval of such plans, specifications and
estimates within thirty (30) business days.
Lessee shall have the right, but not the obligation,to advance funds to Lessor for Lessor's share
of future infrastructure costs that Lessor deems necessary in exchange for an abatement of
Lessee's future lease payments set forth herein. In the event of any such discretionary advance or
advances by Lessee, such total advance shall not exceed the estimated future lease payments by
Lessee hereunder.
7.3. 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.
7.4. Bonds Required of Lessee.
Prior to the commencement of any Improvement,Lessee shall deliver to Lessor a bond, executed
by a corporate surety in accordance with Texas Government Code, Chapter 2253, as amended, in
the full amount of each construction contract or project. The bonds shall guarantee (i) satisfactory
compliance by Lessee with all applicable requirements, terms and conditions of this Lease,
including, but not limited to, the satisfactory completion of the respective 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 or an assignment of a
certificate of deposit in an amount equal to 100% of the full amount of each construction contract
or project. If Lessee makes a cash deposit, Lessee shall not be entitled to any interest earned
thereon. Certificates of deposit shall be from a financial institution in the Dallas-Fort Worth
Metropolitan Area which is insured by the Federal Deposit Insurance Corporation and acceptable
to Lessor.The interest earned on the certificate of deposit shall be the property of Lessee and
Lessor shall have no rights in such interest. If Lessee fails to complete the respective
improvements, or if claims are filed by third parties on grounds relating to such Improvements,
Lessor shall be entitled to draw down the full amount of Lessee's cash deposit or certificate of
deposit and apply the proceeds to complete the Improvements or satisfy the claims, provided that
any balance shall be remitted to Lessee.
Subject to further written agreement between Lessor and Lessee with respect to any specific
future modification, renovation, improvement or new construction initiated by Lessee,Lessor and
Lessee agree and understand that if progress payments are made by Lessee to its contractors on a
project or projects for which a cash deposit or certificate of deposit is provided to Lessor, then
and in that event, upon the presentation to Lessor of proof of such payment or payments to such
contractor, Lessee shall be entitled to reduce and draw down the amount of its cash deposit and/or
certificate of deposit in an amount equal to such payment or payments.
7.5. Bonds Required of Lessee's Contractors.
Prior to the commencement of any Improvement,Lessee's respective contractor shall execute and
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deliver to Lessee surety performance and payment bonds in accordance with the Texas
Government Code, Chapter 2253, as amended, to cover the costs of all work performed under
such contractors contract for such Improvements. Lessee shall provide Lessor with copies of such
bonds prior to the commencement of such Improvements. The bonds shall guarantee(i) the
faithful performance and completion of all construction work in accordance with the final plans
and specifications as approved by Lessor and (ii) full payment for all wages for labor and services
and of all bills for materials, supplies and equipment used in the performance of the construction
contract. Such bonds shall name to both Lessor and Lessee as dual obligees. If Lessee serves as
its own contractor, Section 7.4 shall apply.
7.6. Releases by Lessor Upon Completion of Construction Work.
Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit account or
reduction of its claim upon Lessor's certificate of deposit upon (1), 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.
8. USE OF PREMISES.
Lessee hereby agrees to use the Premises solely for or in direct connection with the provision of
fixed base operator ("FBO") services at the Airport. As a condition precedent to Lessee's
authorization to provide FBO services, an FBO permit issued by the City must be valid and in
effect ("FBO Permit").
Lessor will, at all times, provide unimpeded access to the terminal buildings and hangars for
aircraft and automobiles by way of the existing ramp or improvements thereto.
9. SIGNS.
9.1. Aircraft Movement Zone Signs.
Lessee, at Lessee's sole cost and expense, shall install and maintain signs by all doorways inside
any hangar structure on the Premises permitting access to an aircraft movement zone which
indicate that the area being entered is located within an aircraft movement zone. Lessor must
approve in writing the wording, size, appearance and location of any such sign prior to
installation.
9.2. Additional Signs.
Lessee, at Lessee's sole expense and with the prior written approval of the Director, may install
and maintain signs on the Premises related to Lessee's business operations. Such signs, however,
must be in keeping with the size, color, location and manner of display of other signs at the
Airport.
9.3. Maintenance and Removal of Signs.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition. Lessee
agrees to pay Lessor tot any damage, injury or necessary repairs to the Premises or other Airport
property resulting from the installation, maintenance or removal of any such sign. Lessee also
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agrees to remove any sign at its own expense as soon as practicable following a request for such
removal from the Director.
10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. Lessee's rights hereunder shall be subject to all existing and future utility easements and
rights-of-way granted by Lessor for the installation, maintenance, inspection, repair or
removal of facilities owned or operated by electric, gas, water, sewer, communication or
other utility companies. Lessee's rights additionally shall be subject to all rights wanted
by all ordinances or statutes which allow such utility companies to use publicly owned
property for the provision of utility services.
10.2. 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 navigational or
navigational aids used at the Airport.
10.3. 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.
Lessor and Lessee acknowledge and understand that in the unlikely event that the airport
is closed temporarily, or otherwise restricted to prevent normal, civilian aircraft
operations, but for a duration in excess of five (5)calendar days, it is financially
impossible for Lessee to sustain its operation. In such event, Lessee shall be entitled to
an abatement of all lease obligations. Such lease obligation shall be abated until the
airport is restored to normal operations.
10.4. 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
hinds for the development, maintenance or repair of Airport infrastructure.
10.5. 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.
Lessor and Lessee acknowledge and agree that in the unlikely event that the airport is
closed temporarily, otherwise restricted to prevent normal, civilian aircraft operations,
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but for a duration in excess of five (5)calendar days, it is financially impossible for
Lessee to sustain its operation. In such event, Lessee shall be entitled to an abatement of
all lease obligations. Such lease obligation shall be abated until the airport is restored to
normal operations.
10.6. 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, a public document which is on file in Lessor's City Secretary's
Office and which is incorporated herein by reference for all purposes. Lessee agrees that
this Lease and Lessee's rights and privileges hereunder shall be subordinate to the
Sponsor's Assurances.
Lessor and Lessee acknowledge and agree that in order for Lessee to fulfill its obligations
under this Lease, Lessee must be able to have access to its leasehold. Lessor and Lessee
acknowledge and agree that each will cooperate to assure that such access is maintained
and that, in the unlikely event that such access is denied for any reason for a duration in
excess of ten (10)calendar days or more, then Lessee shall be entitled to an abatement of
all lease obligations hereunder. In addition,Lessor and Lessee agree that, in the event
access is denied to Lessee for ten (10)calendar days or more, all terms and conditions of
this Lease shall be suspended until access is fully restored so that normal civilian aircraft
operations can take place. In the event that access cannot be restored in an economically
reasonable timeframe, then Lessor and Lessee agree that the terms of this Lease will be
renegotiated and/or terminated in accordance with the provisions stated herein.
11. INSURANCE.
11.1. Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in hill force and effect, a policy or policies of
insurance as specified in this Section II, naming the City of Fort Worth as an additional insured
and covering alt 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:
• Property'
Fire and Extended Coverage on all improvements on the Premises at 80% replacement
cost limit;
• Commercial General Liability:
$3,000,000 per occurrence, including products and completed operations;
• Automobile Liability:
$1,000,000 per accident, including, but not limited to, coverage on any automobile used
in Lessee's operations on the Premises;
• Hangarkeepers Legal Liability:
$1,000,000 per occurrence;
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• Environmental Impairment Liability:
$1,000,000 per occurrence;
In addition, Lessee shall be responsible for alt insurance to construction, improvements,
modifications or renovations to the Premises and the personal property of its own or in its care,
custody or control.
11.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits on existing
coverages, are subject to change at Lessor's option if Lessor's risk manager reasonably
determines that additional coverage or increased limits are necessary to cover Lessee's operations
at the Airport. Lessee will accordingly comply with such new requirements within thirty (30)
days following notice to Lessee.
Lessor and lessee acknowledge and agree that neither Lessor nor Lessee controls the coverage
limits available and/or the cost of aviation/airport insurance. As a result, in the unlikely event
that such coverage becomes unavailable or unreasonably expensive, Lessor and Lessee shall
reach an agreement as to how to proceed with or without such insurance and absent an agreement
on this insurance issue, this agreement shall terminate in accordance with the provision stated
herein.
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor with
appropriate certificates of insurance signed by the respective insurance companies as proof that it
has obtained the types and amounts of insurance coverage required herein. Lessee hereby
covenants and agrees that not less than thirty (30)days prior to the expiration of any insurance
policy required hereunder, it shall provide Lessor with a new or renewal certificate of insurance.
In addition, Lessee shall, at Lessor's request, provide Lessor with evidence that it has maintained
such coverage in full force and effect.
11.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in the State of
Texas or which, if not authorized to do business in the State of Texas are otherwise satisfactory to
Lessor. The policy or policies of insurance shall be endorsed to cover all of Lessees operations at
the Airport and to provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non- renewal or amendment, shall be made without thirty (30) days'
prior written notice to Lessor.
12. 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 respondent 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
FWS Realty(Haydn Cutler)
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Spinks Airport
Page 1 1 of 20
Lessor and Lessee.
13. LIABILITY AND IND EI:�NIFICATION.
LESSEE SHALL BE LIABLE AND RESPONSIBLE FOR ANY CLAIMS, DEMANDS,
LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED
BY THE NEGLIGENT OR WILLFUL ACT(S) OR OMISSION(S) OF LESSEE, OFFICERS,
AGENTS, SERVANTS, EMPLOYEES AND/OR SUBLESSEES. INADDITION, LESSEE,
AT LESSEE'S OWN EXPENSE, SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES, FROM AND
AGAINST ANY CLAIM, LAWSUIT OR OTHER ACTION FOR DAMAGES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST
PROFITS)ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT OR WILLFUL ACT(S) OR OMISSION(S) OF
LESSEE, ITS OFFICERS,AGENTS, SERVANTS, EMPLOYEES AND/OR SUBLESSEES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR IS OBLIGATED ONLY TO PROVIDE SECURITY ADEQUATE TO
MAINTAIN LESSOR'S CERTIFICATION UNDER FAA REGULATIONS. LESSEE
SHALL COMPLY WITH ALL APPLICABLE REGULATIONS OF THE FAA PERTAINING
TO AIRPORT SECURITY ON THE PREMISES WHICH IS RELATED TO LESSEE'S
OPERATION THEREON AND SHALL COOPERATE WITH LESSOR IN THE
IMPLEMENTATION AND ENFORCEMENT OF LESSOR'S SECURITY PLAN AT THE
AIRPORT. LESSEE SHALL PAY ALL FINES IMPOSED BY THE FAA ON LESSOR OR
LESSEE RESULTING FROM LESSEE'S FAILURE TO COMPLY WITH SUCH FAA
REGULATIONS APPLICABLE TO THE PREMISES OR TO PREVENT UNAUTHORIZED
PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR
OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES.
LESSOR AND LESSEE ACKNOWLEDGE AND AGREE THAT LESSOR IS A SOVEREIGN
AS CONTEMPLATED BY THE TEXAS TORT CLAIMS ACT, TEXAS CIVIL PRACTICE
AND REMEDIES CODE§§ 101.001 ET SEQ. AS SUCH, LIABILITY IS WAIVED IN ONLY
LIMITED CIRCUMSTANCES. LESSOR AND LESSEE ACKNOWLEDGE AND AGREE
THAT NOTHING CONTAINED IN THIS SECTION 12 IS INTENDED TO NOR DOES IT
OPERATE TO EXTEND ANY LIABILITY OF LESSOR OR THE INDEMNIFICATION
OBLIGATION TO LESSOR OF LESSEE BEYOND THE PROVISIONS OF THE TEXAS
TORT CLAIMS ACT.
14. 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
FWS Realty(Haydn Cutler)
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Page 12 of 20 �
plead defensively any such immunity or exemption as against Lessor.
15. DEFAULT AND REMEDIES.
15.1. 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.
15.2. Failure to Have or Maintain FBO Certification.
If Lessee's FBO Permit is lawfully revoked or lawfully not renewed, Lessor shall have the right
to terminate this Lease immediately upon provision of written notice to Lessee.
15.3. Failure to Comply with Other Terms or Conditions.
If Lessee breaches or defaults under any provision of this Lease, other than those breaches or
defaults that are addressed by Sections 15.1 and 15.2, Lessor shall deliver written notice to
Lessee specifying the nature of such breach or default. Lessee shall have thirty (30) calendar days
following such written notice to cure, adjust or correct the problem to the standard existing prior
to the breach. If Lessee fails to cure the breach or default within such time period,Lessor shall
have the right to terminate this Lease immediately; provided, however, that in the event such
breach or default cannot reasonably be cured within thirty (30) calendar days following such
written notice,Lessee shall not be in default if Lessee commences to cure, adjust or correct the
problem within such thirty (30) day period and thereafter diligently anti in good faith pursues
such cure, adjustment or correction to conclusion.
Lessor and Lessee hereby agree that there shall be no cross-defaults as to any related contractual
obligations between the parties or affiliates and specifically agree that, in the unlikely event that
one contract becomes allegedly in default, that such default shall not cause any other contract for
which there is no other independent act or omission constituting a default as to that contract to be
in default.
15.4. 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 stern from Lessor's lawful 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, excluding such acts of Lessor's negligence
which cause direct damages to Lessee.
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Page 13 of 20
16. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to have
been delivered when (i) hand-delivered to the other party, its agents,employees, servants or
representatives, or (ii) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
For Rent: For All Other Matters:
City of Fort Worth City of Fort Worth
Revenue Office Aviation Department
1000 Throckmorton 4201 N. Main St. Ste. 200
Fort Worth, TX 76102 Fort Worth, TX76106
With a Copy to:
City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
To LESSEE:
FWS Realty, Ltd.
Attn: John Cockerham
1320 S University, Suite 1015
Fort Worth,TX 76107
With a Copy to:
Mr. Kevin H. Good
13601 Preston Road, Suite 940 East
Dallas,TX 75240
214-446-1002
214-446-1005 (fax)
17. ASSIGNMENT AND SUBLETTING.
17.1. In (General:
Lessee shall not assign, sell, convey, sublease or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor, which consent shall
not be unreasonably withheld or delayed.
17.2. Conditions of Approved Assignments and Subleases.
If Lessor consents to any assignment or sublease, all terms, covenants and agreements set forth in
this Lease shall apply to the assignee or sublessee, and such assignee or sublessee shall be bound
FWS Realty(Haydn Cutler)
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Spinks Airport
Page 14 of 20
by the terms and conditions of this Lease the same as if it had originally executed this Lease.The
failure or refusal of Lessor to approve a requested assignment or sublease shall not relieve Lessee
of its obligations hereunder, including payment of rentals, fees and charges.
18. LIENS.
18.1. Lessee
Lessee acknowledges that it has no authority to engage in any act or to make any contract which
may create or he 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 can, at
its sole option, post a bond protecting the property on which the lien is purportedly attached and
litigate, mediate or arbitrate the validity of the lien for so long as necessary with the
understanding that the Lessor's interest in said property is adequately protected. Lessee's failure
to discharge any such purported lien shall constitute a breach of this Lease and Lessor may
terminate this Lease upon thirty (30) days' written notice. However; Lessee's financial obligation
to Lessor to liquidate and discharge such lien shall continue in effect following termination of this
Lease and until such a time as the lien is discharged.
18.2. Landlord's Lien.
IN ADDITION TO ANY APPLICABLE STATUTORY LANDLORD'S LIEN, LESSEE
GRANTS TO LESSOR, IN ORDER TO SECURE PERFORMANCE BY LESSEE OF ITS
OBLIGATIONS UNDER THIS AGREEMENT; A SECURITY INTEREST IN ALL
GOODS,INVENTORY,EQUIPMENT,FIXTURES,FURNITURE, IMPROVEMENTS,
CHATTEL PAPER,ACCOUNTS AND GENERAL INTANGIBLES,AND OTHER
PERSONAL PROPERTY OF LESSEE NOW OR HEREAFTER SITUATED ON OR IN
THE PREMISES OR OTHERWISE RELATING TO LESSEE'S USE OF THE
PREMISES, AND ALL PROCEEDS THEREFROM (THE"COLLATERAL"). IF
LESSOR TERMINATES THIS AGREEMENT FOR A FAILURE BY LESSEE TO PAY
LESSOR RENT OR FOR ANY OTHER BREACH OR DEFAULT BY LESSOR, LESSOR
MAY, IN ADDITION TO ALL OTHER REMEDIES, WITHOUT NOTICE OR DEMAND
EXCEPT AS PROVIDED BELOW, EXERCISE THE RIGHTS AFFORDED A SECURED
PARTY UNDER THE TEXAS UNIFORM COMMERCIAL CODE ("UCC"). IN
CONNECTION WITH ANY PUBLIC OR PRIVATE SALE UNDER THE UCC,LESSOR
SHALL GIVE LESSEE FIVE (5) CALENDAR DAYS' PRIOR WRITTEN NOTICE OF
THE TIME AND PLACE OF ANY PUBLIC SALE OF THE COLLATERAL OR OF THE
TIME AFTER WHICH ANY PRIVATE SALE OR OTHER INTENDED DISPOSITION
THEREOF IS TO BE MADE, WHICH IS AGREED TO BE A REASONABLE NOTICE
OF SUCH SAL.E OR DISPOSITION. Upon Lessor's advance written consent, which shall
not be unreasonably withheld or delayed,Lessor's security interest in the Collateral may be
subordinated to a third party lender if the lender demands such subordination as a condition of
financing Improvements
undertaken by or on behalf of Lessee.
19. 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. Lessee also agrees to
FWS Realty(Haydn Cutler)
Hangar Lease Agreement W-I
Spinks Airport
Page 15 of 20
pay any and all federal, state or local taxes or assessments which may lawfully be levied against
Lessor due to Lessee's use or occupancy of the Premises or property placed on the Premises by
Lessee as a result of its occupancy, including,but not limited to, the Mandatory Improvements
and any Discretionary Improvements.
20. 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 Lessor; all rules and regulations established by the Director; and all rules and
regulations adopted by the City Council pertaining to the conduct required at airports owned and
operated by Lessor, 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. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the
consideration herein, agrees as a covenant running with the land that no person shall be excluded
from participation in or denied the benefits of Lessee's use of the Premises on the basis of race,
color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee further
agrees for itself its personal representatives, successors in interest and assigns that no person shall
be excluded from the provision of any services on or in the construction of any improvements or
alterations to the Premises on grounds of race,color, national origin, religion, handicap, sex,
sexual orientation or familial status. Lessee agrees to furnish its accommodations and to price its
goods and services on a fair and equal basis to all persons. In addition, Lessee covenants and
agrees that it will at all times comply with any requirements imposed by or pursuant to Title 49 of
the Code of Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of
the Department of Transportation and with any amendments to this regulation which may
hereafter be enacted, if any claim arises from an alleged violation of this non-discrimination
covenant by Lessee, its personal representatives, successors in interest or assigns,Lessee agrees
to indemnify Lessor and hold Lessor harmless.
22. LICENSES AND PERINETS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for
the operation of its operations at the Airport.
23. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, Lessor does not waive or surrender
!�H,
FWS Realty(Haydn Cutler) ("A f �
Hangar kA ase Agreement W-1
Page 16 of 20
any of its governmental powers.
24. NO WAIVER.
The failure of either party 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 that party's right to insist upon
appropriate performance or to assert any such right on any future occasion.
25. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Lease or of Lessees operations on the Premises, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the
State of Texas.
26. 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.
The parties hereby agree that any dispute that arises under this Lease may be resolved through
mediation upon consent of both parties. In the event that a dispute arises between the parties and
the parties agree that the dispute is one that is appropriate for mediation , then such dispute will
be submitted to mediation in Tarrant County, Texas, in accordance with the rules for alternative
dispute resolutions set forth under Texas law. The parties will mutually cooperate to select the
mediator to be used. Any and all information, negotiation and results of the mediation will
remain confidential unless otherwise required to be disclosed by law.
27. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations as set
forth in this Lease, but shall not be held liable for any delay in or omission of performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of omission,
fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation
problems and/or any other cause beyond the reasonable control of Lessor or Lessee.
28. 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.
29. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement between Lessor and Lessee, its
FWS Realty(Haydn Cutler)
Hangar Lease Agreement W-1
Spinks Airport
Page 17 of 20
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 Follow]
FWS Realty(Haydn Cutler)
Hangar Lease Agreement W-1
Spinks Airport
Page 19 of 20
IN WITNESS W "'REOF, the parties hereto have executed this Lease in multiples, this
_day of , 200 .
CITY OF FORT WORTH: FWS REALTY, LTD.
By: � By:
Marc Ott lohn Cockerham, Manager
Assistant City Manager Harrison Realty Investments, LLC.
Date: _ -ff2 f��f Date: -7_£c .200 S
ATTEST: ATTEST:
By: _)(� By:
City Secretary 0
(�(
Date: I O J Date: es--
APPROVED AS TO FORM AND LEGALITY:
Bi
Assistant City Attorney
M&C: C--�BS a; 19 C
Date:
FWS Realty(Haydn )
Yo Cutler
Hangar Lease Agreement W-1 y
Spinks Airport
Page 19 of 20
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-A4ar-s-9.tk own fo i$ie to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of City of Fort Worth, and that he executed the same as the act of City of
Fort Worth for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this , day of
2005. _
y
HETTIE LANE
otary Public in and for the State of
MY COMMISSION EXPIRES, Texas
July 26,2007
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 John Cockerham 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 FWS Realty, LTD, by Harrison Realty Investments, LLC,
General Parnter, and that he executed the same as the act of FWS Realty, LTD,'by
Harrison Realty Investments, LLC, General Partner, for the purposes and
consideration therein expressed and in the capacity therein stated. (f
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of
Y , 2005.
a cwt
_..-TON Notary lic in and for the Sta of
JBLIC Texas
a k _�F:XAS
f44 5 2008
FWS Realty(Haydn Cutler) t �t'�
Hangar Lease Agreement W-1
Spinks Airport
Page 20 of 20 �,
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2005
DATE: Tuesday, July 19, 2005
LOC NAME: 55HARRISON REFERENCE NO.: **C-20852
SUBJECT:
Authorize Execution of a Hangar Lease Agreement with Harrison Aviation Ltd., (FWS Realty, Ltd.) at
Fort Worth Spinks Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Hangar Lease Agreement
for hangar "W-1" with Harrison Aviation Ltd. (FWS Realty Ltd.) acting by and through its duly authorized
manager, John Cockerham, at Fort Worth Spinks Airport.
DISCUSSION:
FWS Realty Ltd., proposes to lease 10,000 square feet of hangar space at Fort Worth Spinks Airport for the
purpose of conducting aviation related activities.
The hangar space will lease for $1.46 per square foot. The revenue generated from this lease will be
$14,600.00 annually, or $1,216.66 on a monthly basis. Based on an assumed start date of July 1, 2005, the
revenue that will be received under this lease for the remainder of the fiscal year is $3,649.98.
The term of the agreement will commence on the date of execution and end on September 30, 2005. The
agreement will automatically renew for successive terms of one-year each commencing October 1st of any
given year and ending September 30th of the following year at a rate which is in accordance with the City
Council approved Schedule of Rates and Charges. All agreement terms will be in accordance with City
policies.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Section of the Finance Department will be responsible for
the collection and deposit of funds due to the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491312 0551201 $3,649.98
Submitted for City Manager's Office br. Marc Ott (8476)
Originating Department Head: Mike Feeley (871-5403)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/20/2005
I '* Page 2 of 2
Additional Information Contact: Mike Feeley (871-5403)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/20/2005