HomeMy WebLinkAboutContract 25811 CITY SECRETARY
CONTRACT NO . -
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
CONCESSIONAIRE AGREEMENT
(Restaurant/Bar)
This CONCESSIONAIRE AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation
organized under the laws of the State of Texas and acting by and through Ramon Guajardo, its
duly authorized Assistant City Manager, and RUNWAY CAFE, INC. ("Concessionaire"), a
Texas corporation acting by and through Michael Peninger, its duly authorized President.
1. GRANT OF USE OF CONCESSION SPACE PREMISES.
In accordance with and subject to the terms and provisions of this Agreement, the City
hereby grants to Concessionaire the right to occupy, improve and use the restaurant concession
space in the Terminal Building ("Terminal") at Fort Worth Meacham International Airport
("Airport") depicted on Exhibit "A" ("Premises"), attached hereto and hereby made a part of
this Agreement for all purposes.
2. TERM OF AGREEMENT.
The Initial Term of this Agreement shall commence on the date of its execution ("Effective
Date") and expire at 11:59 P.M. on September 30, 2000. Unless terminated in accordance with the
provisions of this Agreement, this Agreement automatically shall renew for successive Renewal
Terms of one (1) year each, commencing at 12:00 A.M. on October 1 st of each year and expiring at
11:59 P.M. the following September 30th; provided, however, that monthly compensation to the
City during any Renewal Term shall be adjusted in accordance with Section 4 of this Agreement.
3. USE OF AND OPERATIONS ON PREMISES.
3.1. In General.
In accordance with and subject to the terms, conditions and provisions of this
Agreement, Concessionaire agrees that it shall use the Premises only for the operation of
a first-class restaurant and bar. Concessionaire's stock shall be new, fresh and of top
quality and grade. Concessionaire shall not in any manner misrepresent the quality,
grade, size, weight, portion or point of origin in its food or beverages. Concessionaire
v shall operate its restaurant and bar in a manner that is satisfactory to the City's Aviation
Department Director or authorized representative ("Director") and shall provide prompt,
courteous and efficient service. Concessionaire shall not utilize any false, deceptive or
misleading merchandising terms or advertising. Concessionaire shall not offer for sale
any food or beverage, charge any price, or engage in any activity unless specifically
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authorized under the terms and conditions of this Agreement or otherwise in writing by
the Director. Nothing herein shall grant or be deemed to grant Concessionaire an
exclusive right to operate a restaurant or bar, to serve food or beverages or any other
exclusive right at the Airport.
3.2. Vendiniz Machines.
Unless Concessionaire first request of and subsequently receives approval in
writing from the Director, Concessionaire may not install or maintain amusement or
vending machines or other machines operated by coins, tokens or credit cards, including,
but not limited to, pay telephones; automatic teller machines or other machines that
dispense cash or money orders; mechanical or electronic game devices, electronic video
games or any other kind of entertainment devices; and machines and devices that
dispense cigarettes, maps, coffee, soft drinks, newspapers, stamps, lottery tickets or
insurance policies.
3.3. Quality and Service Requirements.
The City shall have the right and privilege, through its officers, agents, servants or
employees, to inspect the Premises at any time and for any purpose. Pursuant to this
right, the Director shall have the right to make reasonable objections to the type or quality
of food or beverages sold on the Premises, the character of the service rendered to the
public, and the appearance and condition of the Premises. In this event, the City shall
provide Concessionaire with a written notice which sets forth the City's specific
objections. Concessionaire agrees that it will promptly (i) discontinue the sale of any
objectionable food or beverage and (ii) promptly remedy any objectionable service,
practice or condition within thirty(30) days following the receipt of such written notice.
3.4. Hours of Operation.
Concessionaire shall keep its restaurant and the Premises open to the general
public during hours reasonably agreed upon in writing by the Director and
Concessionaire.
3.5. Mediation.
If Concessionaire reasonably disagrees with any of the City's written objections to
Concessionaire's food, beverages, service or practices, as described in Section 3.3, or if
the City and Concessionaire cannot agree as to Concessionaire's hours of operation, as
provided in Section 3.4, the City and Concessionaire agree that they shall submit to
mediation before the City's Aviation Advisory Board ("AAB") during an open meeting
conducted in accordance with the Texas Open Meetings Act. The AAB shall resolve
such issues between the City and Concessionaire and the decision of the AAB shall be
final as to both parties.
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3.6. Menu.
Concessionaire shall prepare and display a menu that indicates all food, beverages
and other items offered for sale on the Premises and that is acceptable to the Director. If
Concessionaire makes any material change to the menu, Concessionaire shall submit the
menu to the Director for review.
3.7. Prices.
Concessionaire shall not ask or assess a price for any item sold on the Premises or
at the Airport that is greater than one hundred ten percent (110%) of the retail prices
charged in stores in the City that offer similar merchandise. If an item sold by
Concessionaire contains a manufacturer's pre-marked price, Concessionaire shall not
charge a higher price for that item unless Concessionaire first requests and receives
written approval from the Director. All of Concessionaire's prices shall be subject to
review by the Director. Upon the request of any customer, Concessionaire agrees to issue
one guest check per person.
3.8. Personnel.
During Concessionaire's hours of operation, Concessionaire or an experienced
manager or subordinate of Concessionaire shall supervise the Premises, operate the
restaurant and bar and provide services as required by this Agreement. In addition,
Concessionaire shall provide quality personnel in a sufficient number to serve the general
public conveniently and efficiently. Concessionaire and its personnel shall be thoroughly
qualified, courteous, informative, familiar with the food and beverage industry and
helpful to the public. The attire of Concessionaire and its personnel shall be of the
highest quality and character and in keeping with that worn by personnel in similar first-
class restaurant establishments in the City.
3.8. Deliveries.
Concessionaire shall make and receive deliveries of all food, beverages,
merchandise, products, supplies and other items at times, in a manner and at a location
prescribed in writing by the Director. Emergency deliveries may be made and received at
other times subject to prior written arrangements made not less than twenty-four (24)
hours in advance with the Director.
4. COMPENSATION.
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4.1. Definitions.
For purposes of this Agreement, the following definitions shall apply:
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"Gross Revenue" shall mean all billings and receipts from sales, services or any
other type of business operations or transactions performed from, through or on the
Premises or elsewhere at the Airport, whether for cash or credit, regardless of collection
procedures, whether placed by telephone, in person or by mail, regardless of place or
time of actual payment. When properly recorded and accounted for, a reduction for
Gross Revenue shall be allowed for bona fide returns for credit; sales tax collected for
remittance to the State of Texas or the City; federal excise taxes collected from the
customer and remitted to the federal government, and that must be separately stated; and
tips. A reduction from Gross Revenue shall not be allowed for bad debt, loss from theft
or any other reason not specifically set forth herein.
"Monthly Guarantee" shall mean the minimum amount of Monthly
Compensation that Concessionaire guarantees to the City for a given month. From the
Effective Date of this Agreement until September 30, 2000, the Monthly Guarantee shall
be Five Hundred Fifty Dollars ($550.00). As to Renewal Terms, effective October 1,
2000, and on October 1st of each year thereafter, the Monthly Guarantee shall be
increased 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 agency, during the preceding twelve-month period
("CPI Change"); provided, however, that the Monthly Guarantee shall not at any time
exceed the then-current rates prescribed by the City's published Schedule of Rates and
Charges for substantially the same type of property at the Airport as the Premises. If
there is no CPI Change, or if the CPI Change is downward, the Monthly Guarantee shall
remain constant until the following October 1st. In no event shall the Monthly Guarantee
ever be adjusted downward.
4.2. Monthly Compensation.
For the rights and privileges granted herein by the City to Concessionaire, on the
Effective Date of this Agreement Concessionaire shall pay the City the Monthly
Guarantee. In the event that the Effective Date of this Agreement is a day other than the
first day of the respective month, the Monthly Guarantee for the first month shall be
prorated in accordance with the number of days remaining in that month. Thereafter,
Concessionaire shall pay the City either (i) the Monthly Guarantee in effect for the then-
current month or (ii) seven percent (7%) of Concessionaire's Gross Revenue, as defined
in Section 4.1, for the immediately preceding month, whichever is greater ("Monthly
Compensation").
4.3. Daily Revenue Reports.
Concessionaire shall submit with its Monthly compensation payment and without
demand appropriate Daily Revenue Reports for the preceding month, in the form attached
hereto as Exhibit "B" and hereby made a part of this Agreement for all purposes, or as
otherwise prescribed in writing by the Director, together with a true and accurate verified
summary statement, signed by Concessionaire's President, of Concessionaire's Gross
Revenue for the preceding month.
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4.4. Payment Dates and Late Fees.
Monthly Compensation payments are due on or before the tenth (10th) day of
each month. Payment of such Monthly Compensation must be received during normal
working hours by the due date at the location for the City set forth in Section 17.
Monthly Compensation shall be considered past due if the City has not received full
payment after the tenth (10th) day of the month for which payment is due. Without
limiting the City's termination rights provided by this Agreement, the City shall assess
and Concessionaire shall pay a late penalty charge of ten percent (10%) per month on top
of the aggregate of any outstanding Monthly Compensation balance due.
5. BOOKKEEPING, AUDITS AND STATEMENTS.
5.1. Bookkeeping.
Concessionaire agrees to establish and maintain a system of bookkeeping
satisfactory to the Director and the City's Internal Auditor. This bookkeeping system
shall be kept in a manner that allows Concessionaire's operations at the Airport to be
distinguished from all other locations or operations of Concessionaire. Concessionaire
shall keep within the limits of the City and preserve in an organized fashion for a period
of not less than three (3) years true and accurate books of all business transacted at the
Airport and all receipts and revenue derived from Concessionaire's use of the Premises
and the Airport, including, but not limited to, sales slips, cash register tapes, sales books,
daily bank deposits, bank books or duplicate deposit slips and all other evidence of
receipts, revenue and business transacted on the Premises and at the Airport. The City
shall have access to all such books and records during normal business hours and, upon
written request, Concessionaire agrees to make all such documents available on the
Premises for the City's examination.
5.2. Annual Statement.
Within thirty (30) days following each anniversary of the Effective Date of this
Agreement, Concessionaire, at Concessionaire's sole cost and expense, shall furnish the
City with an accurate statement of the total of all receipts, revenues and business
transacted during the preceding calendar year ("Annual Statement"). The Annual
Statement shall be prepared by and certified to be true and correct by an independent
certified public accountant acceptable to the City.
5.3. Final Statement.
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Within thirty (30) days following the expiration or termination of this Agreement,
Concessionaire, at Concessionaire's sole cost and expense, shall furnish the City with an
accurate statement of the total of all receipts, revenues and business transacted from the
last day covered by the immediately preceding Annual Statement to the effective date of
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expiration or termination, as applicable ("Final Statement"). The Final Statement shall
be prepared by and certified to be true and correct by an independent certified public
accountant acceptable to the City. This Section 5.3 shall survive the expiration or
termination of this Agreement.
5.4. City Audits.
In addition to the Annual and Final Statements prepared by Concessionaire, from
the Effective Date of this Agreement until one (1) year following the expiration or
termination of this Agreement, the city shall have the right, at the City's own cost and
expense, to audit and inspect all books and records of Concessionaire at any time to
ascertain and verify the accuracy of Concessionaire's computations and Daily Revenue
Reports. The City agrees to protect the confidentiality of Concessionaire's books and
records to the degree it can under the provisions of federal, state and local laws,
ordinances, rules and regulations. This Section 5.4 shall survive the expiration or
termination of this Agreement.
5.5. Compensation Adiustments.
If Concessionaire's Annual Statement, Final Statement or any City audit reveal
discrepancies with or irregularities in any Daily Revenue Report or Monthly
Compensation payment, the City and Concessionaire shall make any necessary
adjustments in accordance with such audit, plus interest in the amount of eighteen percent
(18%) per annum or the maximum rate allowed by law at the time, whichever is greater.
This Section 5.5 shall survive the expiration or termination of this Agreement.
6. UTILITIES.
6.1. Provision of Utilities Services.
The City shall pay for all utilities in use on any portion of the Premises located in
the Terminal with the exception of telephone utilities. Before installing any type of air
conditioning or heating devices in the basement of the Terminal, Concessionaire shall
obtain written permission from the Director and shall, at Concessionaire's sole cost and
expense, provide a ventilation system acceptable to the City. Concessionaire agrees that
all heating equipment and other electrically-operated equipment which may be used on
the Premises shall fully comply with the City's Mechanical, Plumbing, Fire and Building
Codes, as they exist or may hereafter be amended.
6.2. Overload or Interference.
Concessionaire agrees that Concessionaire or Concessionaire's use of the
Premises shall not result in any overload of utility, plumbing or HVAC systems serving
the Terminal or interfere with electric, electronic or other equipment at the Airport. In
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the event that Concessionaire violates this Section 6.2, Concessionaire shall take all steps
necessary to cure the problem created by the respective overload or interference.
7. MAINTENANCE AND REPAIRS.
7.1. Maintenance.
Concessionaire shall provide maintenance and janitorial services to the Premises.
Concessionaire shall keep the Premises in a neat, clean, safe, sanitary and orderly
condition and shall keep the Premises as other portions of the Terminal or Airport used
by Concessionaire free of all paper, rubbish and debris. Concessionaire shall not make or
allow to be made any holes in the walls of the Premises or pile, store, or allow to be piled
or stored, any boxes, cartons, barrels or other similar items on the Premises. Upon the
expiration or termination of this Agreement, Concessionaire agrees to return the Premises
to the City in the same condition as originally received, subject to ordinary wear and tear
consistent with Concessionaire's normal and expected use of the Premises under this
Agreement.
7.2. Repairs.
The City agrees to perform minor repairs to the Premises on a timely basis as
required by Concessionaire's ordinary, normal and expected use of the Premises under
this Agreement and which are not caused by any breach of this Agreement by
Concessionaire or violation of any City rule, regulation or policy by Concessionaire, its
officers, agents, servants, employees, contractors or subcontractors.
7.3. City Inspection for Maintenance and Repair.
The City shall have the right to inspect the Premises at any time and for any
purpose. Concessionaire shall not install any additional locks on the Premises unless it
first receives written approval from the Director and provides the City with all keys
necessary to obtain ordinary access to the Premises. Except in the event of an
emergency, the City shall notify Concessionaire at the beginning of any inspection. If
Concessionaire is responsible under this Agreement for any maintenance or repairs, the
City shall notify Concessionaire of that fact in writing. Concessionaire agrees to
undertake such maintenance or repair work within ten (10) calendar days following
delivery by the City of such notice. If Concessionaire fails to undertake the required
maintenance or repairs within such time, the City may, but shall not be required to,
perform the necessary maintenance or repairs on behalf of Concessionaire. In this event,
Concessionaire shall reimburse the City for the actual cost of such maintenance or
repairs, and payment will be due on the date of Concessionaire's next Monthly
Compensation payment following delivery of an invoice.
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7.4. Deposit.
On or before the Effective Date of this Agreement, Concessionaire shall remit to
the City in cash a maintenance/damage deposit ("Deposit") equivalent to one Monthly
Guarantee. Thereafter, Concessionaire shall, at a minimum, maintain its Deposit in an
amount that is equivalent to its then current Monthly Guarantee. Unless the City
terminates this Agreement as provided by Section 16, the City will refund to
Concessionaire any unused portion of the Deposit within thirty (30) calendar days
following the date that Concessionaire vacates the Premises. Concessionaire agrees that
if the City terminates this Agreement for any non-payment of rent, abandonment of the
Premises or other breach or default, as provided by Sections 16.1, 16.2 or 16.3, the City
shall be entitled to retain the entire balance of the Deposit as liquidated damages, and not
as a penalty, for administrative costs associated with the termination process.
Assessment of such liquidated damages shall not serve as a waiver by the City to collect
any other damages to which it may be entitled.
8. ACCEPTANCE OF PREMISES.
8.1. Asbestos Material.
Concessionaire acknowledges the existence of asbestos-containing material on
the Premises. After investigation by the City, the City represents that, to the best of its
knowledge, asbestos-containing materials exist on the Premises to the extent identified in
the City's Level II Asbestos Assessment Report dated October 12, 1992, a public
document on file in the City Secretary's Office of the City and incorporated herein by
reference for all purposes. Concessionaire covenants and agrees to cooperate fully with
any asbestos abatement activity plan or asbestos operations and maintenance plan set
forth by the City. Concessionaire further covenants and agrees to notify and obtain
written approval from the City prior to Concessionaire's undertaking of any repairs,
renovations, alterations or improvements to the Premises or any other activity which
might disturb asbestos-containing materials, and Concessionaire agrees that it shall be
solely responsible for all expenses of such activities.
8.2. Environmental Remediation.
Subject to this Section 8, to the best of the City's knowledge, the Premises
complies with all applicable federal, state and local environmental regulations or
standards (collectively "Environmental Laws"). Concessionaire agrees that it shall
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comply with all applicable Environmental Laws. CONCESSIONAIRE SHALL BE
RESPONSIBLE, AT CONCESSIONAIRE'S SOLE COST AND EXPENSE, FOR
THE FULL REMEDIATION OF ANY VIOLATION OF ANY ENVIRONMENTAL
LAW THAT IS CAUSED BY CONCESSIONAIRE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS,SUBCONTRACTORS OR INVITEES.
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8.3. Concessionaire's Acceptance of Premises.
Concessionaire covenants and agrees that it has inspected the Premises and is
fully advised of its own rights without reliance upon any representation made by the City
concerning the condition of the Premises. Concessionaire accepts the Premises in its
present condition as satisfactory for the purposes set forth in this Agreement and for the
purposes intended by Concessionaire.
9. CONSTRUCTION AND IMPRO.'E:BENTS.
9.1. In General.
Concessionaire, at Concessionaire's sole cost and expense, may perform
improvements, modifications, renovations or other construction work (collectively
"Improvements") on or to the Premises only in accordance with Section 9 of this
Agreement. Concessionaire may not undertake or allow any party to initiate any
Improvement unless Concessionaire first submits all plans, specifications and estimates
for the cost of the proposed Improvements to and receives written approval from the
Director. Title to all Improvements, fixtures and other items affixed to any structure on
the Premises or at the Airport shall vest in the City immediately upon their completion or
installation.
9.2. Process for Approval of Plans.
Concessionaire's plans for all Improvements shall conform to the Airport's
architectural standards and must also receive written approval from the City's
Departments of Development, Engineering, and Transportation/Public Works. All plans,
specifications and work shall comply with all federal, state and local laws, ordinances,
rules and regulations, now in force or hereafter prescribed, including, but not limited to,
the Americans with Disabilities Act of 1990, as amended.
9.3. Documents.
Concessionaire 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 red-line changes to drawings
previously provided to the Director. Concessionaire shall supply any textual
documentation in computer format as requested by the City.
9.4. Bonds Required of Concessionaire.
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Prior to the commencement of any Improvement, Concessionaire shall deliver to
the City payment and performance bonds, 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
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Concessionaire with all requirements, terms and conditions of this Agreement, 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
Concessionaire has a direct relationship for the performance of such Improvements.
In lieu of the required bonds, Concessionaire may provide the City with a cash
deposit or an assignment of a certificate of deposit in an amount equal to 125% of the full
amount of each construction contract or project. If Concessionaire makes a cash deposit,
Concessionaire 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 the City. The
interest earned on the certificate of deposit shall be the property of Concessionaire and
the City shall have no rights in such interest. If Concessionaire fails to complete the
respective Improvements, or if claims are filed by third parties on grounds relating to
such Improvements, the City shall be entitled to draw down the full amount of
Concessionaire's cash deposit or certificate of deposit.
9.5. Bonds Required of Concessionaire's Contractors.
Prior to the commencement of any Improvement, Concessionaire's respective
contractor shall execute and deliver to Concessionaire surety performance and payment
bonds in accordance with the Texas Government Code, Chapter 2253, as amended, to
cover the costs of all work performed under that contractor's contract for such
Improvements. Concessionaire shall provide the City with copies of such bonds prior to
the commencement of 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 the City and (ii) full payment for all wages for labor
and services and of all bills for materials, supplies and equipment used in the
performance of the construction contract. Such bonds shall name both the City and
Concessionaire as dual obligees. If Concessionaire serves as its own contractor, Section
9.4. shall apply.
9.6. Releases by the Citv Upon Completion of Construction Work.
The City will allow Concessionaire a dollar-for-dollar reimbursement from its
cash deposit account or reduction of its claim upon Concessionaire's certificate of deposit
upon (i), where Concessionaire serves as its own contractor, verification that
Concessionaire has completed construction work or (ii), where Concessionaire uses a
contractor, receipt of the contractor's invoice and verification that the contractor has
completed its work and released Concessionaire to the extent of Concessionaire's
payment for such work, including bills paid, affidavits and waivers of liens.
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10. PARKING.
10.1. Employee Parking.
Concessionaire shall have the right to use the designated public parking areas and,to
the extent available and in accordance with policies established by the Director of Airport
Systems or authorized representative, to reserve parking space in the permit area known as
Lot B on the north side of the Terminal for the parking of company vehicles and the vehicles
of its employees, subject to all ordinances and regulations of the City of Fort Worth and all
other applicable laws and Airport policies.
10.2. Customer Parking.
The City will not provide exclusive parking spaces for Concessionaire's patrons.
Concessionaire's patrons shall have the right to use designated public parking areas at the
Airport, subject to all Airport rules, regulations and policies that govern public parking and
to all charges and fees that may be assessed in such parking areas.
11. SIGNS.
Concessionaire, at its own expense and with the prior written approval of the Director, may
create, install and maintain signs in the Terminal indicating Concessionaire's business, but only if
the Director first provides written approval as to the size, color, location and manner of display of
such signs. Concessionaire shall maintain all signs in a safe, neat, sightly and physically good
condition. Concessionaire agrees to pay the City for any damage, injury or necessary repairs to the
Premises or Terminal resulting from the installation, maintenance or removal of any such sign.
Concessionaire also agrees to remove any sign at its own expense immediately upon receipt of
instructions for such removal from the Director.
12. RIGHTS AND RESERVATIONS OF THE CITY.
The City hereby retains the following rights and reservations:
12.1. The City 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 cause deemed necessary by the City. The City shall not be liable for any loss
or damages asserted by Concessionaire as a result of this action including, but not
limited to, damages from an alleged disruption of Concessionaire's business
operations.
12.2. This Agreement shall be subordinate to the provisions of any existing or
future agreement between the City and the United States Government
("Government") which relates to the operation or maintenance of the Airport and is
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required as a condition for the expenditure of federal funds for the development,
maintenance or repair of Airport infrastructure. The City shall not be liable for any
loss or damages asserted by Concessionaire as a result of this action including, but
not limited to, damages from an alleged disruption of Concessionaire's business
operations.
12.3. During any war or national emergency, the City shall have the right to lease any part
of the Airport, including its landing area, to the Government. In this event, any
provisions of this Agreement which are inconsistent with the provisions of the lease
to the Government shall be suspended. The City shall not be liable for any loss or
damages asserted by Concessionaire as a result of this action including, but not
limited to, damages from an alleged disruption of Concessionaire's business
operations.
12.4. The City covenants and agrees that during the term of this Agreement 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 the City to the United States
Government through the Federal Airport Act; and Concessionaire agrees that this
Agreement and Concessionaire's rights and privileges hereunder shall be subordinate
to the Sponsor's Assurances.
13. INSURANCE.
In addition to any insurance that Concessionaire is required to carry under federal or state
law, Concessionaire 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 and Concessionaire's business operations at the Airport.
13.1. Liability Insurance.
Concessionaire shall obtain the following liability insurance coverage at the limits
specified below:
• Commercial General Liability:
$1,000,000 per occurrence
(including Products and Completed Operations);
• Automobile Liability:
$1,000,000 per occurrence, covering any motor vehicle owned, leased or used in
the course of Concessionaire's operations on or to/from the Airport.
• Liquor Liability:
$1,000,000 per occurrence.
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13.2. Property Insurance.
All Risk/Fire and Extended Coverage Property Insurance shall be maintained by the
City to cover the Terminal, including the Premises. However, Concessionaire shall be
responsible for all insurance to any Improvements to the Premises; for owned and/or leased
items in the Premises and at the Airport; and for personal property of its own or in its care,
custody and control.
13.3. General Requirements.
(a) Deductible or self-insured retention limits on any line of coverage required under
this Agreement shall not exceed $25,000 in the annual aggregate unless the limit per
occurrence, per line of coverage, or aggregate is otherwise approved in writing by the City.
(b) Insurance policies provided pursuant to this Agreement shall be endorsed to provide that
no material changes in coverage, including, but not limited to, cancellation, termination,
non-renewal or amendment, shall be made unless the City receives at least thirty (30) days'
prior written notice. (c) Concessionaire shall furnish the City with certificates of insurance
signed by the underwriters as proof that Concessionaire has obtained the types and amounts
of insurance coverage required under this Agreement. In addition, Concessionaire shall, on
demand, provide the City with evidence that it has maintained such coverage in full force
and effect. (d) Concessionaire shall maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. (e) Nothing in this Section 13 shall be construed to limit or in any
way affect Concessionaire's operation as an independent contractor as provided in Section
14 or Concessionaire's liability or obligation to indemnify the City as provided in Section
15.
14. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Concessionaire shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative or
employee of the City. Concessionaire 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. Concessionaire acknowledges that the doctrine of respondeat superior shall not apply as
between the City and Concessionaire, its officers, agents, employees, contractors and
subcontractors. Concessionaire further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between the City and Concessionaire.
15. INDEMNIFICATION.
CONCESSIONAIRE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
Concessionaire Agreement-Runway Cafd, Inc.
Page 13
VI
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CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS AGREEMENT 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 THE CITY.
CONCESSIONAIRE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, 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 CONCESSIONAIRE'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS
AGREEMENT 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 THE
CITY.
CONCESSIONAIRE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY
THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO THE CITY'S PROPERTY
WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR
OMISSIONS OF CONCESSIONAIRE, 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 THE CITY.
THE CITY DOES NOT GUARANTEE POLICE PROTECTION TO
CONCESSIONAIRE OR ITS PROPERTY. THE CITYSHALL NOT BE RESPONSIBLE FOR
INJURY TO ANY PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY
WHICH BELONGS TO CONCESSIONAIRE, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR
PATRONS, AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED;
AND CONCESSIONAIRE HEREBY INDEMNIFIES AND HOLDS HARMLESS THE CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY.
THIS SECTION 15 SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Concessionaire, 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
Concessionaire Agreement-Runway Cafe,Inc.
Page 14 i(�' U ��1� U11519Nc`I1
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personal damage, injury or death, Concessionaire hereby expressly waives its rights to plead
defensively any such immunity or exemption as against the City.
17. TERMINATION.
In addition to any termination rights provided elsewhere in this Agreement, this Agreement
maybe terminated as follows:
17.1. By Either Party.
The City or Concessionaire may terminate this Agreement for any reason, to be
effective on the expiration date of the term in effect at the time, by providing the other party
with written notice not less than thirty (30) days prior to the effective date of such
termination.
17.2. Airport Development.
In the event that the City requires the Premises (i) as part of its plans to further
develop the Airport or (ii) for the convenience of the public's use of the Airport, as
determined by the City, the City may terminate this Agreement by providing Concessionaire
with written notice not less than one hundred eighty(180) days prior to the effective date of
such termination.
17.3. Failure to Pay Monthly Compensation.
If Concessionaire fails to pay the City Monthly Compensation in accordance with
Section 4, the City shall provide Concessionaire with a written statement of the amount due.
Concessionaire shall have ten (10) calendar days following notice to pay the entire balance
outstanding. If Concessionaire fails to pay the full amount within such time, the City shall
have the right to terminate this Agreement immediately upon written notice to
Concessionaire.
17.4. Other Breach it Default by Concessionaire.
If Concessionaire commits any breach or default under this Agreement, other than a
failure to pay Monthly Compensation, the City shall deliver to Concessionaire a written
notice specifying the nature of such breach or default. Concessionaire shall have thirty (30)
calendar days following notice to cure, adjust or correct the problem to the satisfaction of
the City. If Concessionaire fails to cure the breach, default or failure within the time period
prescribed, the City shall have the right to terminate this Agreement immediately upon
written notice to Concessionaire.
Concessionaire Agreement-Runway Cafd,Inc. "�'�OG r'���`-"�ORD
Page 15
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17.5. Rights of the City Upon Termination or Expiration.
Upon the termination or expiration of this Agreement, all rights, powers and
privileges granted to Concessionaire hereunder shall cease and Concessionaire shall
immediately vacate the Premises. Concessionaire agrees that it will return the Premises and
all appurtenances and improvements thereon in good order and repair and in the same
condition as existed at the time this Agreement was entered into, subject to ordinary wear
and tear. The City shall have the immediate right to take full possession of the Premises,by
force if necessary, and to remove any and all parties remaining on any part of the Premises
without further legal process and without being liable for trespass or any other claim. The
City shall also have the right to remove any and all fixtures or equipment that may be found
within or upon the Premises and, in the City's sole discretion, to store or dispose of such
fixtures or equipment in any manner provided under this Agreement or by applicable law.
Concessionaire agrees that it will assert no claim of any kind against the City, its agents,
servants, employees or representatives which may stem from the City's termination of the
Agreement or any act incident to the City's assertion of its right to terminate.
18. NOTICES.
Notices required pursuant to the provisions of this Agreement 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 the CITY: To CONCESSIONAIRE:
Department of Aviation Runway Caf6, Inc.
Meacham International Airport Attention: Michael Peninger
4201 North Main Street, Suite 200 Meacham International Airport
Fort Worth, Texas 76106-2749 4201 North Main Street, Suite 119
Fort Worth, Texas 76106-2747
19. ASSIGNMENT AND SUBLETTING.
Concessionaire shall not assign, sell, convey, sublet or transfer any of its rights, privileges,
duties or interests granted by this Agreement without the advance written consent of the City. Any
such transaction attempted by Agreement without prior written consent by the City shall be null and
void. If the City 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 Agreement the same as if that
party had originally executed this Agreement.
LJ
Concessionaire Agreement-Runway Cafd,Inc. n
Page 16 4��7� ylu �� �IUJ�� IGfY
20. LIENS.
20.1. Lien's by Concessionaire.
Concessionaire 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 Premises or
Airport property or interest in the Premises or Airport property. If any such purported lien is
created or filed, Concessionaire, at its sole cost and expense, shall liquidate and discharge
the same within thirty (30) days of such creation or filing. Concessionaire's financial
obligation to the City to liquidate and discharge such lien shall continue in effect following
termination of this Agreement and until such a time as the lien is discharged.
20.2. Landlord's Lien.
In addition to any applicable statutory landlord's lien, Concessionaire grants to the
City, in order to secure performance by Concessionaire 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 Concessionaire now or hereafter situated on or in the Premises or otherwise relating to
Concessionaire's use of the Premises, and all proceeds therefrom (the "Collateral"). If the
City terminates this Agreement for a failure by Concessionaire to pay the City Monthly
Compensation or for any other breach or default by Concessionaire, the City 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, the City shall give
Concessionaire five 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 sale or disposition.
21. TAXES AND ASSESSMENTS.
Concessionaire agrees to pay any and all federal, state or local taxes or assessments which
may lawfully be levied against Concessionaire due to Concessionaire's use or occupancy of the
Premises or the Airport or any Improvements or property placed on the Premises by Concessionaire.
22. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Concessionaire covenants and agrees that it shall not engage in any unlawful use of the
Premises or Airport. Concessionaire 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 or Airport, and Concessionaire immediately shall remove from the
Premises any person engaging in such unlawful activities.
Concessionaire Agreement-Runway Cafd, Inc. n
Page 17 (y;l f )rG�Iti1511W1f�U
Concessionaire 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 Federal Aviation Administration and 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 (collectively "Laws"). Concessionaire hereby
assumes full responsibility for the violation of any Law by Concessionaire, its officers, agents,
employees, contractors, subcontractors, licensees or invitees and shall pay or fully indemnify the
City for any fines or other lawful penalties assessed for any such violation. If the City notifies
Concessionaire or any of its officers, agents, employees, contractors, subcontractors, licensees or
invitees of any violation of such Laws, Concessionaire shall immediately desist from and correct the
violation.
23. NON-DISCRIMINATION COVENANT.
Concessionaire, 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 Concessionaire's use of the Premises on the
basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status.
Concessionaire 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.
Concessionaire agrees to furnish its accommodations and to price its goods and services on
a fair and equal basis to all persons. In addition, Concessionaire 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 CONCESSIONAIRE, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBLESSEES OR SUCCESSORS IN INTEREST,
CONCESSIONAIRE AGREES TO INDEMNIFY THE CITY FOR AND HOLD THE CITY
HARMLESS FROM ANY DAMAGES ARISING FROM SUCH CLAIM.
24. LICENSES AND PERMITS.
Concessionaire shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business on the Premises and at the Airport.
Concessionaire Agreement-Runway Cafd, Inc.
Page 18
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
26. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's right to
insist upon appropriate performance or to assert any such right on any future occasion.
27. VENUE.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement or of Concessionaire's operations on the Premises or at the Airport,
venue for such action shall lie in state courts in Tarrant County, Texas or in the United States
District Court for the Northern District of Texas, Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
28. ATTORNEYS' FEES.
In any action brought by the City for the enforcement of the obligations of Concessionaire
under this Agreement, the City shall be entitled to recover interest and reasonable attorneys'fees.
29. SEVERABILITY.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
30. FORCE MAJEURE.
The City and Concessionaire shall exercise every reasonable effort to meet their respective
obligations as set forth in this Agreement, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of
omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other cause beyond the reasonable
control of the parties.
Concessionaire Agreement-Runway Cafe, Inc.
Page 19 u�U +�U`�15�Nr( c�U
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31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
32. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference, contains
the entire understanding and agreement between the City and Concessionaire, its assigns, sublessees
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 Agreement. The terms and conditions of this Agreement shall not be amended unless agreed to
in writing by both parties.
IN WITNESS WHEREOF, the City and Concessionaire have executed this Agreement in
multiples this f. day of,
CITY OF FORT WORTH: RUNWAY CAFE, INC.:
By: By: k-t—�j
Y
Ramon Guajardo Michael Peninger
Assistant City Manager President
ATTEST: ATTEST:
�14
By: By:
City Secretary S-82-p0
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Att&Key
9
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Concessionaire Agreement-Runway Cafd,Inc.
Page 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 Michael Peninger, 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
Runway Cafe,Inc. and that he executed the same as the act of Runway Cafe,Inc. for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of, ,
w HETTIE LANE
Notary Pubk,State of Texas
ml
EVkft
.%fes jwy ak� Notary Public in and for the State of Texas
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 Ramon Guajardo, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of, GZ ,
00 .
A
,{TAH .LANE®a-E Notary Public in and r the State of Texas
* NOTARY PUBLIC
State of Texas
Comm. Exp.01-29-2002
9
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Concessionaire Agreement-Runway Cafd r
Runway Cafe, Inc. aLU,NCE
Lease Space tA
-- ,E C,,�, H
'M� RTMENT O
EXHIBIT A ION
spfws
SUITE DESCRIPTION SQ. FT. RATE MONTH YEAR
119 ;RESTAURANT or 7%of gross whichever is greater. 2,209 _ $550.00, $6,600.00
i
9
Exhibit A.Runway Cafe, Inc.xls 1
04/26/2000
EXHIBIT "B"
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
DAILY REPORT OF REVENUES
For The Month Of: 19
Company Name
DATE GROSS REVENUES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
9D 31
TOTAL
$ X7% - $
Total Monthly Revenue Monthly Concession Fee
lILI%
PLEASE REMIT PAYMENT
RESTURANT EQUIPMENT AND UTINSELS INVENTORY
Bulleted items are in DOA storage.
19 Dining tables ♦ 1 stainless steel prep table
68 Dining chairs w/sink insert
1 small rnd table 1 stainless steel commercial
6 sm. Sq. tables refrigerator "Continental
2 Bar chairs Commander"
1 S.St. tea disp. 1 "Traulesen" freezer
1 Hot Dog roller 2 Stainless steel cheese grates
1 warning plate 5 small stainless ladles
♦ 1 fountain disp. 6 stainless tongs
♦ 1 pretzel warmer 39 stainless knives
♦ 1 cup dispenser 19 stainless tea spoons
1 refridge. Juice machine stain. 14 stainless soup spoons
Steel 26 stainless spoons
1 coffee making machine 53 stainless forks
1 large plastic ice display (salad) 1 eight spot stainless silverware
1 Miller Lite clock holder
2 electric cash registers 45 salad plates
♦ 1 glass electric hot dog machine 29 saucers
♦ 1 electric pizza grill 58 round dinner plates
1 two spot electric portable steam 35 oval dinner plates
table 4-glass coffee pots
1 ten foot stainless steel table 2 stainless long serving spoons
1 five spot electric steam table 1 "Jackson" electric dishwasher
w/lids and inserts machine
1 stainless steel sandwich refridge ♦ 1 electric coffee maker
with top and inserts 1 glass pizza display case
1 two drawer electric bread 1 electric pizza grill
warmer 4 plastic pitchers
♦ 1 microwave 34 plastic soup bowls w/handles
♦ 1 two light heat lamp 33 plastic burger baskets
♦ 1 Rival electric food slicer 26 plastic glasses 12oz
1 six foot stainless steel table 57 juice glasses
8 plastic bread racks 7-glass beer mugs
♦ 2 stainless steel two shelf 20 glass wine glasses
v storage units 19 "Carlsberg" beer glasses
1 two basket electric grease fryer 12 desert glasses
1 two grill electric grill 41 ceramic coffee cups
1 four slice toaster 1 metal/plastic dish/bread rack
1 stove and oven
RESTURANT EQUIPMENT AND UTINSELS INVENTORY
Bulleted items are in DOA storage.
19 Dining tables ♦ 1 stainless steel prep table
68 Dining chairs w/sink insert
1 small rnd table 1 stainless steel commercial
6 sm. Sq. tables refrigerator "Continental
2 Bar chairs Commander"
1 S.St. tea disp. 1 "Traulesen" freezer
1 Hot Dog roller 2 Stainless steel cheese grates
1 warming plate 5 small stainless ladles
♦ 1 fountain disp. 6 stainless tongs
♦ 1 pretzel warmer 39 stainless knives
♦ 1 cup dispenser 19 stainless tea spoons
1 refridge. Juice machine stain. 14 stainless soup spoons
Steel 26 stainless spoons
1 coffee making machine 53 stainless forks
1 large plastic ice display (salad) 1 eight spot stainless silverware
1 Miller Lite clock holder
2 electric cash registers 45 salad plates
♦ 1 glass electric hot dog machine 29 saucers
♦ 1 electric pizza grill 58 round dinner plates
1 two spot electric portable steam 35 oval dinner plates
table 4-glass coffee pots
1 ten foot stainless steel table 2 stainless long serving spoons
1 five spot electric steam table 1 "Jackson" electric dishwasher
w/lids and inserts machine
1 stainless steel sandwich refridge ♦ 1 electric coffee maker
with top and inserts 1 glass pizza display case
1 two drawer electric bread 1 electric pizza grill
wanner 4 plastic pitchers
♦ 1 microwave 34 plastic soup bowls w/handles
♦ 1 two light heat lamp 33 plastic burger baskets
♦ 1 Rival electric food slicer 26 plastic glasses 12oz
1 six foot stainless steel table 57 juice glasses
8 plastic bread racks 7-glass beer mugs
♦ 2 stainless steel two shelf 20 glass wine glasses
storage units 19 "Carlsberg" beer glasses
1 two basket electric grease fryer 12 desert glasses
1 two grill electric grill 41 ceramic coffee cups
1 four slice toaster 1 metal/plastic dish/bread rack
1 stove and oven
C OND
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City of Fort Worth, Texas
4veagor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/9/99 **L-12657 1 55CAFE 1 of 1
SUBJECT CONCESSIONAIRE LEASE AGREEMENT WITH RUNWAY CAFE, INC. AT FORT
WORTH MEACHAM INTERNATIONAL AIRPORT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an annual
Concessionaire Lease Agreement with Runway Cafe, Inc. for restaurant space in the terminal building
at Fort Worth Meacham International Airport.
DISCUSSION:
The Aviation Department has received a request from Mr. Mike Peninger, President of Runway Cafe,
Inc., to lease the restaurant space at the rate published in the Schedule of Rates and Charges,
effective October 1, 1999 as approved by the City Council.
The total revenue received from this lease will be $550.00 per month, or seven percent of gross
receipts, whichever is greater.
Monthly payments will be due on the first day of each month and will be considered delinquent if unpaid
by the tenth day of the month. A late fee of ten percent will be assessed each month on all balances
still outstanding on the eleventh day of the month.
The first and last month's rent will be required in advance. The term of this lease will commence on the
date of execution, and end on September 30, 2000. The lease will provide for automatic renewals for
successive terms of one year each unless either party notifies the other, in writing, at least 30 days prior
to the expiration date of the term then in effect, of its intent to terminate the lease. All terms and
conditions of the lease agreement will be in accordance with standard City and Aviation Department
policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Revenue Section of the Finance Department will be responsible for the collection and deposit of
funds due to the City under this agreement.
RG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE40 491622 0552001
Ramon Guajardo 6140 �...,_ ._,..__-__ _- APPROVED
Originating Department Head: CITY COUNCIL
II II'i 1 1
Lisa A.Pyles 5400 (from) ° ` ' Nov 9 1999
Additional Information Contact:
Luis Elguezabal 5401 City Secretary of the
City of Fort Worth,Texa^