HomeMy WebLinkAboutContract 31775 CITY SECRETARY 7r
CONTRACT NO. 1J
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
HANGAR LEASE AGREEMENT
TARRANT COUNTY COLLEGE DISTRICT
(TERM)
This HANGAR .LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in
Tarrant Denton, and Wise Counties, Texas acting by and through Marc Ott, its duly authorized
Assistant City Manager, and TARRANT COUNTY COLLEGE DISTRICT, ("Lessee"), acting
by and through David Wells, its duly authorized Provost.
In consideration of the mutual covenants,promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant
County,Texas:
1.1. 29,400 square feet of conventional hangar space, identified as Hangar 51-S and
depicted on Exhibit "A," attached hereto and hereby made a part of this Lease for all
purposes; and
1.2. 47,340 square feet of improved land as depicted on Exhibit "A"; and
1.3. 8,327 square feet of unimproved land as depicted on Exhibit"A."
2. TERM OF LEASE.
2.1. Term.
The term of this Lease shall commence on the date of its execution ("Effective
Date") and expire on September 30, 2007 ('Expiration Date").
2.2. Holdover.
If Lessee holds over after the Expiration Date, this action will create a month-to-
month tenancy. In this event, Lessee agrees to pay the rental amount set for the Premises by
the Schedule of Rates and Charges in effect during the applicable holdover period. Any
month-to-month tenancy shall be subject to all other terms and conditions of this Lease.
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3. RENT.
3.1. Rent During First Year of Term.
From the Effective Date of this Lease through September 30, 2007, Lessee shall pay
Lessor as annual rent for the Premises the sum of Fifty Seven Thousand Two Hundred Ten
and 24/100 Dollars ($57,210.24), payable in equal monthly installments of Four Thousand
Seven Hundred Sixty Seven and 52/100 Dollars ($4,767.52). The rental rates under this
Lease are based on Lessor's published Schedule of Rates and Charges in effect as of the
Effective Date of this Lease. Prior to the Effective Date of this Lease, Lessee shall pay one
(1) month's rent in advance. In the event that this Lease commences on a day other than the
first (1st) day of any given month, the first month's rental payment shall be prorated in
accordance with the number of days remaining in that month.
3.2. Rent Adjustments.
The rental rates set forth in Section 3.1 shall be increased by Lessor on October 1st
of each year,beginning October 1, 2005, to reflect the upward percentage change, if any, in
the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area for the immediately
preceding twelve (12) months, as announced by the United States Department of Labor
("CPI Change"); provided, however, that adjusted rental rates under this Lease shall not
exceed the then-current rates prescribed by Lessor's published Schedule of Rates and
Charges for the type or types of property at the Airport similar to the type or types of
property that comprise the Premises. In the event there is no CPI Change or the CPI Change
is downward, rental rates for the Premises shall remain constant until the following October
1st. In no event shall rental rates for the Premises ever be decreased.
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first (1st) day
of each month. Payments must be received during normal working hours by the due date at
the location for Lessor's Revenue Office as set forth in Section 18. Rent shall be considered
past due if Lessor has not received full payment after the (10th) day of the month for which
payment is due. Lessor will assess a late penalty charge of ten percent (10%) per month on
top of the entire month's rent for each month in which rent is past due.
4. DEPOSIT.
Lessor hereby agrees to waive the requirement of a deposit under the terms of this lease
agreement.
5. UTILITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for the use of all utilities and
any installation of utilities service to all portions of the Premises and for all other related utilities
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expenses, including,but not limited to, deposits and expenses required for the installation of meters.
Lessee further covenants and agrees to pay all costs and expenses for any extension, installation,
maintenance or repair of any and all utilities serving the Premises, including, but not limited to,
water, sanitary sewer, electric, gas and telephone utilities. In addition, Lessee agrees that all
utilities, air conditioning and heating equipment and other electrically-operated equipment which
may be used on the Premises shall fully comply with Lessor's Mechanical, Electrical, Plumbing,
Building and Fire Codes ("Codes"), as they exist or may hereafter be amended.
6. MAINTENANCE AND REPAIRS.
6.1. General Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times. Lessee covenants and agrees that it will not make or suffer any waste
of the Premises. Lessee will, at Lessee's own expense, make all repairs necessary to prevent
the deterioration in condition or value of the Premises, including, but not limited to, the
maintenance of and repairs to all hangars and other structures, doors, windows, roofs,
fixtures, equipment, hangar modifications or surrounding pavement. Lessee shall be
responsible for all damages caused by Lessee, its agents, servants, employees, contractors,
subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all
such damages at Lessee's sole cost and expense.
Lessee agrees that, except as otherwise expressly provided herein, all improvements,
trade fixtures, fiunishings, equipment and other personal property of every kind or
description which may at any time be on the Premises shall be at Lessee's sole risk or at the
sole risk of those claiming under Lessee. Unless the result of Lessor's gross negligence or
intentional misconduct, Lessor shall not be liable for any damage to such property or loss
suffered by Lessee's business or business operations which may be caused by the bursting,
overflowing or leaking of sewer or steam pipes, or from water from any source whatsoever,
or from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from
causes of any other matter.
6.2. Compliance with ADA.
Lessee, at its own expense, agrees to keep and maintain the Premises and all
improvements thereto in full compliance, if applicable, at all times with the Americans with
Disabilities Act of 1990, as amended("ADA").
6.3. Inspection.
Lessor shall have the right and privilege, through its officers, agents, servants or
employees, to inspect the Premises at any time. Lessor shall have the right to perform any
and all duties or obligations which Lessor is authorized or required to do under the terms of
this Lease or to perform its governmental duties under federal, state or local rules,
regulations and laws, including the Codes. Lessee will permit the Fire Marshal of the City
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of Fort Worth or authorized designees to inspect the Premises at any time, and Lessee will
comply with all non-structural recommendations made to Lessee by the Fire Marshal or
authorized designee to bring the Premises into compliance with Fire Code and Building
Code provisions, as such provisions exist or may hereafter be added or amended. Lessee
shall maintain in a proper condition accessible fire extinguishers of a number and type
approved by Fire Underwriters for the particular hazard involved. Lessor shall provide
Lessee with advance notice of inspection when reasonable under the circumstances.
6.4. Performance.
If Lessee is responsible under this Lease for any maintenance or repairs,Lessor shall
notify Lessee in writing. Lessee agrees to undertake such maintenance or repair work
diligently within thirty (30) calendar days of receipt of such notice. If Lessee fails to
undertake the recommended maintenance or repairs within this time, Lessor may, in its
discretion, perform such maintenance or repairs on behalf of Lessee. In this event, Lessee
will reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement
will be due on the date of Lessee's next monthly rent payment following completion of the
maintenance or repairs.
7. ACCEPTANCE OF PREMISES.
7.1. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and local environmental laws and regulations (collectively "Environmental Laws").
Lessee has thoroughly inspected the Premises and is fully advised of its own rights without
reliance upon any representation made by Lessor concerning the environmental condition of
the Premises. Lessee covenants and agrees that Lessee, at its sole cost and expense, shall
be fully responsible for the violation of any Environmental Laws caused, in whole or in
part, by Lessee, its officers, agents, servants, employees, contractors, subcontractors or
invitees.
7.2. Lessee's Acceptance of Premises.
Lessee accepts the Premises in its present condition as satisfactory for all purposes
set forth in this Lease.
8. CONSTRUCTION AND IMPROVEMENTS.
8.1. In General.
Lessee may, at its sole expense, modify, renovate, improve or otherwise perform
construction on or to the Premises. However, Lessee may not initiate any kind of
modification, renovation, improvement or other construction project on or to the Premises
unless it first submits all plans and estimates for the costs of the proposed work in writing to
and received written approval from the Airport Systems Director or authorized
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representative.
8.2. Process for Approval of Plans.
Lessee's plans for construction and improvements shall conform to the Airport's
architectural standards and must also receive written approval from Lessor's Departments of
Development, Engineering, and Transportation and Public Works. All plans, specifications
and work shall conform to all federal, state and local laws, ordinances, rules and
regulations,now in force or hereafter prescribed.
8.3. Documents.
Lessee shall supply the Airport Systems Director or authorized representative with
comprehensive sets of documentation relative to any modification, renovation,
improvement or other construction project on or to the Premises, including, at a minimum,
as-built drawings of each project. As-built drawings shall be new drawings or red-line
changes to drawings previously provided to the Airport Systems Director or authorized
representative. Lessee shall supply the textual documentation in computer format as
requested by Lessor.
8.4. Bonds Required of Lessee.
Prior to the commencement of construction work for any modification, renovation,
improvement or other construction project on or to the Premises, Lessee shall deliver to
Lessor payment and performance bonds, executed by a corporate surety in accordance with
the Texas Government Code, Chapter 2253, as amended, in the full amount of each
construction contract or project. The bonds shall guarantee (i) satisfactory compliance by
Lessee with all terms and conditions of this Lease, including, but not limited to, the
satisfactory completion of the respective modifications, renovations, improvements or other
construction project and (ii) full payments to all persons, firms, corporations or other
entities with whom Lessee has a direct relationship for the performance of such
modifications,renovation, improvement or other construction project.
In lieu of the required bonds, Lessee may provide Lessor with a cash deposit or an
assignment of a certificate of deposit in an amount equal to 125% of the full amount of each
construction contract or project. If Lessee makes a cash deposit,Lessee shall not be entitled
to any interest earned thereon. Certificates of deposit shall be from a financial institution in
the Dallas-fort Worth Metropolitan Area which is insured by the Federal Deposit Insurance
Corporation and acceptable to Lessor. The interest earned on any certificate of deposit shall
be the property of Lessee and Lessor shall have no rights in such interest. If Lessee fails to
complete the respective modifications, renovations, construction projects or improvements,
or if claims are filed by third parties on grounds relating to such modifications, renovations,
improvements or other construction projects on or to the Premises, Lessor shall be entitled
to draw down the full amount of Lessee's cash deposit or certificate of deposit.
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8.5. Bonds Required of Lessee's Contractors.
Prior to the commencement of any modification, renovation, improvement or
construction project on or to the Premises, Lessee's respective contractor shall execute and
deliver to Lessee surety performance and payment bonds in accordance with the Texas
Government Code, Chapter 2253, as amended, to cover the costs of all work performed
under that contractor's contract for such modifications, renovations, improvements or other
construction projects on or to the Premises. Lessee shall provide Lessor with copies of such
bonds prior to the commencement of such modifications, renovations, improvements or
construction projects. The bonds shall guarantee (i) the faithful performance and
completion of all construction work in accordance with the final plans and specifications as
approved by Lessor and (ii) full payment for all wages for labor and services and of all bills
for materials, supplies and equipment used in the performance of the construction contract.
Such bonds shall name both Lessor and Lessee as dual obligees. If Lessee serves as its own
contractor, Section 8.4 shall apply.
8.6. Releases by Lessor Upon Completion of Construction Work.
Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit
account or reduction of its claim upon Lessee's certificate of deposit upon (i), where Lessee
serves as its own contractor, verification that Lessee has completed the respective
modifications, renovations, improvements or other construction projects or (ii), where
Lessee uses a contractor, receipt of the contractor's invoice and verification that the
contractor has completed its work and released Lessee to the extent of Lessee's payment for
such work, including bills paid, affidavits and waivers of liens. In the event of construction
or contractor payment default, Lessor shall be entitled to draw down up to the full amount
of Lessee's cash deposit or certificate of deposit as may be required.
9. PARKING.
9.1. Aircraft.
Lessee shall park, tie-down or store transient or visiting aircraft either inside the
hangars on the Premises or on the aircraft parking area shown on Exhibit "A."
9.2. Automobiles.
Lessee shall park or keep parked company vehicles and the vehicles of its
employees, agents, licensees or invitees in the automobile parking area shown on Exhibit
"A
10. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related commercial
activities. It is specifically agreed and stipulated that the following concessions are prohibited
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under this Lease, unless specifically approved in writing by the Airport Systems Director or
authorized representative: (i) ground transportation for hire; (ii) vehicle rental, including taxi and
limousine service; (iii) food sales, with the exception of vending machines placed on the Premises
for the convenience of Lessee, its employees and patrons; (iv) barber and valet services; and (v)
alcoholic beverage sales.
11. SIGNS.
11.1. Aircraft Movement Zone Sign.
Lessee shall install and maintain, at its sole cost and expense, signs by all doorways
inside any hangar structure on the Premises permitting access to an aircraft movement zone
which indicate that the area is located within an aircraft movement zone. Lessor must
approve in writing the wording, size, appearance and location of this sign prior to its
installation.
11.2. Additional Signs.
Lessee may, at its own expense and with the prior written approval of the Airport
Systems Director or authorized representative, create, install and maintain signs on the
Premises indicating Lessee's business. Such signs, however, must be in keeping with the
size, color, location and manner of display of other signs at the Airport.
11.3. Maintenance and Removal of Sims.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises or
other Airport property resulting from the installation, maintenance or removal of any such
sign. Lessee also agrees to remove any sign at its own expense immediately upon receipt of
instructions for such removal from the Airport Systems Director or authorized
representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. 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 granted by all ordinances or statutes which allow such utility
companies to use publicly-owned property for the provision of utility services.
12.2. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon shall immediately become
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the property of Lessor.
12.3. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
12.4. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public, or
for any other cause deemed necessary by Lessor. In this event, Lessor shall in no
way be liable for any damages asserted by Lessee, including, but not limited to,
damages from an alleged disruption of Lessee's.business operations.
12.5. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development, maintenance or repair of Airport infrastructure.
12.6. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government.
12.7. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant
to the Sponsor's Assurances given by Lessor to the United States Government
through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
13. INSURANCE.
13.1. Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified in this Section 13, naming the City of Fort Worth as an
additional insured and covering all risks related to the leasing, use, occupancy, maintenance,
existence or location of the Premises. Lessee shall obtain the following insurance coverage
on an occurrence basis and at the limits specified herein:
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• Property:
Fire and Extended Coverage on all improvements at full replacement cost limit;
• Commercial General Liability:
$1,000,000 per occurrence,
including products and completed operations;
• Automobile Liability:
$1,000,000 per accident,
including,but not limited to, coverage on any automobile used in Lessee's
operations on the Premises;
• Han>?arkeeuers Legal Liability:
$1,000,000 per occurrence.
In addition, Lessee shall be responsible for all insurance for construction, improvements,
modifications or renovations to the Premises performed by Lessee and for personal property
of Lessee or in Lessee's care, custody or control.
13.2. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty(30) days prior
to the expiration of any insurance policy required hereunder, it shall provide Lessor with a
new or renewal certificate of insurance. In addition, Lessee shall, on demand, provide
Lessor with evidence that it has maintained such coverage in full force and effect.
13.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance
shall be endorsed to cover all of Lessee's operations at the Airport and to provide that no
material changes in coverage, including, but not limited to, cancellation, termination, non-
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renewal or amendment, shall be made without thirty (30) days' prior written notice to
Lessor.
14. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee of
Lessor. Lessee shall have the exclusive right to control the details of its operations and activities on
the Premises and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, patrons, licensees and invitees. Lessee
acknowledges that the doctrine of respondeat superior shall not apply as between Lessor and
Lessee, its officers, agents, employees, contractors and subcontractors. Lessee further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
15. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
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, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES
FOR WHICH LESSEE WOULD HAVE LIABILITY UNDER THE TEXAS TORT CLAIMS
ACT..
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES FOR WHICH LESSEE WOULD HA VE LIABILITY UNDER THE TEXAS TORT
CLAIMS ACT
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT OR INTENTIONAL ACT'S
OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, AND FOR
WHICH LESSEE WOULD HAVE LIABILITY UNDER THE TEXAS TORT CLAIMS ACT.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
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ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
Not applicable to this Lease Agreement.
17. TERNUNATION.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have the
right to terminate this Lease as follows:
17.1. Failure by Lessee to Pay Rent,Fees or Other CharIzes.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Lessee fails to pay the balance outstanding within such time, Lessor
shall have the right to terminate this Lease immediately.
17.2. Breach or Default by Lessee.
If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver written notice to Lessee specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following such written notice to cure,
adjust or correct the problem to the standard existing prior to the breach. If Lessee fails to
cure the breach, default or failure within such time period, Lessor shall have the right to
terminate this Lease immediately.
17.3. Lessee's Financial Obligations to City upon Termination,Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges
or for any breach or default as provided in Sections 17.1 or 17.2 of this Lease, Lessee
shall be liable for and shall pay to Lessor all arrearages of rentals, fees and charges
payable hereunder and for all preceding breaches, defaults or failures. In no event shall a
reentry onto or reletting of the Premises by Lessor be construed as an election by Lessor
to forfeit any of its rights under this Lease.
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17.4. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease or any part thereof, 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. Lessor shall also have the right to take full title to any such
fixtures or equipment.
Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
servants, employees or representatives, which may stem from Lessor's termination of this
Lease or any act incident to Lessor's assertion of its right to terminate or Lessor's exercise
of any rights granted hereunder, except for wrongful termination. Any right, interest or
remedy which shall have accrued during any term of this Lease shall not be extinguished
or waived by the termination or expiration of this Lease or any part thereof, but may be
enforced by the party for whose benefit such right, interest or remedy shall have accrued
in accordance with the terms and provisions of this Lease as if this Lease had not
terminated or expired.
18. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, or(2) deposited in the United States Mail,postage prepaid, addressed as follows:
To LESSOR:
For Rent: For All Other Matters:
CITY OF FORT WORTH DEPT OF AVIATION
REVENUE OFFICE MEACHAM INTL AIRPORT
PO BOX 976 4201 N MAIN ST STE 200
FORT WORTH TX 76101-0976 FORT WORTH TX 76106-2736
To LESSEE:
TARRANT COUNTY COLLEGE DISTRICT
ATTN: FLOYD CURTIS
1500 HOUSTON STREET
FORT WORTH, TEXAS 76102
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19. ASSIGNMENT AND SUBLETTING.
19.1. 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.
19.2. Conditions of Approved Assignments and Subleases.
If Lessor consents to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such
assignee or sublessee shall be bound by the terms and conditions of this Lease the same as
if it had originally executed this Lease. The failure or refusal of Lessor to approve a
requested assignment or sublease shall not relieve Lessee of its obligations hereunder,
including payment of rentals, fees and other charges.
20. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the property of
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same, or post bond or other security, within thirty (30) days of such
creation or filing. Lessee's failure to discharge or post a bond or other security for any such
purported lien shall constitute a breach of this Lease and Lessor may terminate this Lease
immediately. However, Lessee's financial obligation to Lessor to liquidate and discharge such lien
shall continue in effect following termination of this Lease and until such a time as the lien is
discharged.
21. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
22. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and
Lessee immediately shall remove from the Premises any person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
Tarrant County College District
Meacham Hangar Lease (Multiple Year Term)
Page 13 of 18
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Airport Systems Director; and all rules and
regulations adopted by the City Council pertaining to the conduct required at airports owned and
operated by the City, as such laws, ordinances, rules and regulations exist or may hereafter be
amended or adopted. If Lessor notifies Lessee or any of its officers, agents, employees, contractors,
subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations,
Lessee shall immediately desist from and correct the violation.
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the basis of
race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee
further agrees for itself, its personal representatives, successors in interest and assigns that no
person shall be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin, religion,
handicap, sex, sexual orientation or familial status.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all times
comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal
Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of
Transportation and with any amendments to this regulation which may hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives,successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does not
waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
Tarrant County College District
Meacham Hangar Lease (Multiple Year Term)
Page 14 of 18
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon
appropriate performance or to assert any such right on any future occasion.
27. VENUE AND JURISDICTION.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the State
of Texas.
28. ATTORNEYS' FEES.
In any action brought by Lessor or Lessee for the enforcement of the obligations of the other
party under this Lease, the prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees arising from such action.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
30. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of performance
due to force majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
32. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
Tarrant County College District
Meacham Hangar Lease (Multiple Year Term)
Page 15 of 18
contains the entire understanding and agreement between Lessor and Lessee, its assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provisions of
this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing
by both parties and approved by the City Council of Lessor.
[Signature Pages Follow]
Tarrant County College District
Meacham Hangar Lease (Multiple Year Term)
Page 16 of 18
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
day of 200—A
CITY OF FORT WORTH: TARRANT COUNTY COLLEGE DISTRICT:
By. y.
Marc Ott zrc c6."P- /&
1r Zp
Assistant City Manager
C+�lance Ilor
ATTEST: ATTEST:
By:f)L A*LABy:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant C4 Attorney
M& C: C-20403 11/16/04
OFFIC1�1 JECORD
ON SEGIETAly
Tarrant County College District r TEX,
Meacham Hangar Lease (Multiple Year Term) 1 11
Page 17 of 18
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&nar n�je h ryara, known to me to be the person whose name is
subscribed to the foregoing instrument, andca knowledged to me that the same was the act of
Tarrant County College District and that he/she executed the same as the act of Tarrant County
College District for the purposes and consideration therein expressed and in the capacity therein
stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this lD AL day of �? ,
200,
'�,nrrc c FRANCES R.�GUAJARDO
Notary Publlc
* STATE OF TEXAS Notary Public in and for the §tate of Texas
�' OF a� My Comm. Exp.01/28/2006h
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 Marc Ott, 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.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ,
day of
2005.
HETTIE LANE Notary Public in and for the State of Texas
MY COMMISSION EXPIRES
July 26.2007
Tarrant County College District
Meacham Hangar Lease (Multiple Year Term)
Page 18 of 18
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/16/2004
DATE: Tuesday, November 16, 2004
LOG NAME: 55TCC HANGAR REFERENCE NO.: **C-20403
SUBJECT:
Authorize Execution of a Lease Agreement with Tarrant County College District for 29,400 Square
Feet of Hangar Space (Hangar 51 S), 47,340 Square Feet of Improved Land and 8,327 Square Feet
of Unimproved Land at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with
Tarrant County College District (TCCD) for 29,400 square feet of hangar space (Hangar 51S), 47,340
square feet of improved land and 8,327 square feet of unimproved land.
DISCUSSION:
On December 1, 1970, Tarrant County College District (TCCD) entered into a two-year improved ground
lease agreement with the City of Fort Worth. This was a two-year agreement with 14 successive 2-year
options to renew. TCCD exercised its 13th option to renew in 1996 and allowed its lease to expire in
1998. Since then, TCCD has been leasing facilities at Fort Worth Meacham International Airport on a
month-to-month basis.
TCCD has requested to enter into a new lease agreement for 29,400 square feet of hangar space (hangar
51S), 47,340 square feet of improved land and 8,327 square feet of unimproved land at Fort Worth
Meacham International Airport.
The hangar space will lease at a rate of $1.50 per square foot, the improved ground at $.24 per square foot,
and the unimproved ground at $.21 per square foot. This lease will generate an annual revenue of
$57,210.24 a year, or$4,767.52 a month.
The term of the lease will begin on the date of execution and expire September 30, 2007. The lease will
renew on a month-to-month basis if the lessee holds over after the expiration date. Rental rates shall be
subject to an increase on October 1 st of any given year to reflect the upward percentage change, if any, in
the Consumer Price Index for the period since the last adjustment. All terms and conditions will follow
standard City and Aviation Department policies.
Meacham Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that 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 05511.01 $44,100.00
Logname: 55TCC HANGAR Page 1 of 2
PE40 491052 0551101 11 36.1.§
PE40 491352 0551101 $1,748.67
Submitted for City-Manager's Office by_ Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55TCC HANGAR Page 2 of 2