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HomeMy WebLinkAboutContract 8180 �&7 CITY SECRETARY FIXED BASE OPERATOR LEASE CSN I,KACT. NO- STATE OF TEXAS § COUNTY OF TARRANT THIS CONTRACT AND LEASE AGREEMENT, made by and between the City of Fort Worth, State of Texas (hereinafter referred to as "Lessor") , and D. E. HANSEN, of Tarrant County, Texas (hereinafter referred to as "Lessee") ; W I T N E S S E T H : WHEREAS Lessor owns and operates Meacham Field (here- inafter called "Airport") , located in the County of Tarrant, State of Texas; and WHEREAS Lessor deems it advantageous to itself and to its operation of the Airport to lease unto Lessee certain ground space, described herein, together with certain privi- leges, rights, uses and interests therein, as hereinafter set out; and WHEREAS Lessee proposes to lease on a generally net basis from Lessor certain ground. space, and to avail itself of certain privileges, uses and rights pertaining thereto; and WHEREAS Lessee further proposes to make certain improve- ments on the ground demised hereunder; and WHEREAS Lessee has indicated a willingness and ability to properly keep, maintain, and improve said premises in WHEREAS the City of Fort Worth and D. E. Hansen have heretofore made and entered leases designated as Clontracts Nos, 7066, 7189, 7434, and. 7887 in the office of the City Secretary of the City of Fort Worth, Texas, same being dated. February 28, 1972; July 17, 1972; April 2, 1973; and June 3, 1974, respectively, said leases providing for the use and occupancy of certain land at Meacham Field and for the construction of improvements thereon; and WHEREAS the City of Fort Worth and D. E. Hansen now desire to execute two new leases of land at Meacham Field for the purpose of combining the aforesaid several leases into two leases describing parcels of land of nearly equal sizes without changing the provisions which are common to all of said prior leases; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, ARTICLE I That for and in consideration of the terms, conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and. Lessee hereby hires from Lessor certain property, together with any improvements thereon (hereinafter called "demised premises") , and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF PREMISES DEMISED. The demised premises herebv leased are: a portion of the Fort Worth Municipal Airport, Meacham Field, more particularly described using the Texas co-ordinance system, North Central zone, co-ordinates and bearings as follow: BEGINNING at a point for the southwest corner of said lease, the c9-ordinantes of said, point are X = 2,043, 999, 72 Y = 417,013, 17; THENCE: North 2 degXees 50 minutes 26 seconds east 518. 7 feet to a point for the northwest corner of said lease; THENCE: South 87 degrees 09 minutes 34 seconds east 360.0 feet to the beginning of a curve to the right, the center of which bears south 2 degrees 50 minutes 26 seconds west a radius distance of 40.G feet; THENCE: Southeasterly along said curve to the right an arc distance of 62.83 feet to a point; THENCE: South 2 degrees 50 minutes 26 seconds west 478. 7 feet to a point for the southeast corner of said lease; THENCE: North 87 degrees 09 minutes 34 seconds west 400,0 feet to the place of beginning and containing 207,135. 64 square feet of land, more or less, being the area outlined and denominated Lease on the attached plat. B. DESCRIPTION OF GENERAL PRIVILEGES, USES AND RIGHTS, Lessor hereby grants to Lessee the following general privileges, uses and rights, in common with others, all of which shall be subject to the terms, conditions and covenants hereinafter set forth and all of which shall be non-exclusive on the Air- '! port: (1) The use in common with the public generally of all public airport facilities and improve- ments which are now or may hereafter be connected with or appurtenant to said Airport, except as hereinafter provided, to be used by For the purpose of this Lease, "Public air- port facilities" shall include all necessary landing area appurtenances, including, but not limited to, approach areas, runways, taxiways, public aprons, automobile parking areas, roadways, sidewalks, navigational and. aviational aids, lighting facilities, public terminal facilities, or other public facilities appurtenant to said Airport, .(2), The right of ingress and egress from the demised premises over and across public road- ways serving the Airport for Lessee, his agents and servants, patrons and invitees, suppliers of service and furnishers of material. (3) Said rights above shall be subject to such ordinances, rules and regulations as now or may hereafter have application at the Airport. C. DESCRIPTION OF SPECIFIC PRIVILEGES, USES AND RIGHTS. In addition to the general privileges, uses and rights here- inabove described and without limiting the generality thereof, Lessor hereby grants to Lessee the right to engage in commercial aviation activities, as defined in Paragraph D below, subject to the conditions and covenants hereinafter set out. D. DEFINITION OF COMMERCIAL AVIATION ACTIVITIES AND FIXED-BASE OPERATION. "Commercial Aviation Activities and Fixed-Base Operation" are hereby defined as those activities which involve the sale of aviation services for profit to the general public. Said aviation services shall include: (1) The loading and unloading of aircraft in any lawful activity as incidental to the conduct of any services or operations outlined in this paragraph. (3) The operation of a business of buying and selling aircraft and parts and accessories therefor, and aviation equipment of all descriptions either at retail, wholesale or as dealer, (4) The training on the Airport of personnel in the employ of Lessee and/or Lessee' s tenants and sublessees and the training on the Airport of members of the general public generally as students, or otherwise iri any art, science, craft or skill per- taining directly or indirectly to aircraft. (5) The location, construction, erection, maintenance and removal of improvements, in any lawful manner, upon or in the de- mised premises for the purpose of carrying out any of the activities provided for herein, ,subject, however, to the conditions herein generally or particularly set forth, (6) The operation and sale of aerial survey, photography and mapping services. (7) The operation and sale of sightseeing service, (8) The operation of non-scheduled air taxi . and charter transportation of passengers, (9) The operation of schools for the instruc- tion of flying, navigation, mechanics, aerial survey, photography, aircraft design, theory and construction. (10) The renting and leasing of space in hangars to be constructed hereunder for the private storage of aircraft on a daily, weekly, monthly, or annual basis. (11) Subject to the prior written approval of Lessor, the undertaking of any phase of aviation activity in any way contributing to air transportation or aerial navigation. E. CONDITIONS OF GRANTING LEASE. The granting of this Lease is conditioned upon the following covenants: America, the State of Texas, and the City of Fort Worth; tirules and regulations promulgated by their authority with reference to aviation and air navigation; and. all applicable rules and regulations and ordinances of Lessor now in force or hereafter ordained or promulgated, (2) That Lessee will not, on the grounds of race, color or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal Aviation Administration regula- tions. ARTICLE II OBLIGATIONS OF LESSOR A. CLEAR TITLE. Lessor covenants and agrees that at and until the granting of this Lease it is well seized of the leased premises and has good title thereto, free and clear of all liens and encumbrances having priority over this Lease; and that Lessor has full right and authority to lease the same as herein set forth. Lessor further covenants that all things have happened and been done to make its granting of said Lease effective and Lessor warrants to Lessee peaceful possession and quiet enjoyment of the leased premises during the term hereof, upon performance of Lessee' s covenants herein, B. OPERATION AS A PUBLIC AIRPORT, Lessor covenants and agrees that during the term of this Lease that it will operate and maintain the Airport and its public airport facilities, as defined hereinabove, as a public airport con- C. CONDITION AND MAINTENANCE OF PREMISES. Upon exe- cution of this agreement, Lessor shall assume no further responsibility as to the condition of all the premises demised hereunder and shall not assume responsibility for maintenance, upkeep, or repair necessary to keep said premises in a safe and serviceable condition. ARTICLE III OBLIGATIONS OF LESSEE A. NET LEASE. Except as herein specifically provided, the use and occupancy of the demised premises by Lessee shall be without cost or expense to Lessor. It shall be the sole responsibility of Lessee to keep, maintain, repair and operate the entirety of all the premises leased hereunder and all improvements and facilities thereon at Lessee' s sole cost and expense, B. CONDITION OF PREMISES. Lessee accepts all the premises demised hereunder in their present condition, and, without expense to Lessor, will repair and maintain any installation thereon, and remove or cause to be removed any debris to the extent required to keep said premises in a neat and presentable condition at all times, C. SUBMISSION OF PLANS. Lessee shall submit to Lessor final plans and specifications for the construction or erection of any proposed improvements or facilities or alterations to the demised premises including landscaping. Lessee shall not codes, laws, ordinances and regulations now in force or hereafter prescribed by authority of law. Lessee shall at its sole cost and expense obtain all necessary licenses and permits and all payment and performance bonds. D. MAINTENANCE_ Lessee shall, at its sole cost and expense, maintain all the premises demised hereunder and the improvements and appurtenances thereto in a presentable con- dition consistent with good business practice in a safe, neat, sightly and good physical condition. Lessee shall repair all damages to said premises caused by its employees, patrons, or its operation thereon, shall maintain and repair all equip- ment thereon, including any drainage installations, paving, curbs, islands, buildings and improvements, and shall repaint and reglaze its own buildings and facilities as necessary. Lessee agrees that in the event it shall become neces- sary to make changes within the area covered by this Lease of plumbing, any wiring or similar installations, Lessee will promptly make such changes and installations at its sole ex- pense, subject to the approval of Lessor and in accordance with all applicable Federal, State and municipal laws or regulations. Lessor in its reasonable discretion shall be the sole judge of the quality of maintenance. Upon written notices by Lessor to Lessee, Lessee shall be required to perform whatever maintenance Lessor deems necessarv. If such main- i E. COMMERCIAL AVIATION OPERATIONS BY LESSEE. Lessee agrees that any commercial aviation operations on the premises shall be conducted in a proper, efficient and courteous manner. Lessee agrees to promote aviation activity on the Airport. Lessee further agrees that all said services shall be furnished on a fair, equal and non-discriminatory basis to all users thereof, and that only fair, reasonable and non-discriminatory prices for each unit of sale of service will be charged. F. UTILITIES, Lessee shall assume and pay for all costs or charges for utility services furnished to Lessee during the term hereof. Lessee shall have the right to connect to ,any and all storm and sanitary sewers and all water and public facilities at its own cost and expense, and Lessee shall pay for any and all service charges in- curved. therefor, Lessor agrees to provide water, seweri, gas and electricity service to the lease line. G. TRASH, FIRE EXTINGUISHERS, ETC, Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal away from the Airport of all trash, garbage, and other refuse caused as a result of the operation of its business. Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons barrels or other similar items in an unsightly or unsafe manner on of a type approved by fire underwriters for the particular hazzard involved. H. SIGNS, Lessee shall not maintain upon the outside of any improvements or elsewhere on the demised premises any bill boards or advertising signs without the prior written consent of the Aviation Director. Flashing lighted signs shall be prohibited, I. FIELD USE CHARGES. Nothing herein shall be deemed to relieve Lessee and its tenants, sublessees, patrons, invitees, and others from such field use charges, including fuel flowage fees, as are levied generally by Lessor directly or indirectly at the Airport. J. PREFERENCE LIEN, Lessee hereby gives, grants and pledges unto Lessor a contractual preference lien upon all prop- erty, tangible or intangible, and property rights belonging to Lessee now or at any time hereafter placed in or upon the demised premises to secure the prompt payment of all rentals and fees and the performance of any or all covenants and obligations to be kept and performed by Lessee hereunder. K. TITLE TO IMPROVEMENTS. Upon completion of construction, title to all permanent improvements shall vest in Lessor. All other improvements, of a non-permanent nature, and all trade fix- tures, machinery and furnishings made or installed by Lessee may be removed from the leased premises at any time by Lessee except as otherwise provided in this Article and in Article VII hereof. ARTICLE IV in writing not less than six months nor more that nine months before the end of the said term, Lessee shall have the first right of refusal to execute a new lease of the deiAsed premises for two a-dditional consecutive five-year periods, with each lease for such additional period to be on such terms and condi- tions as Lessor may prescribe and with the rentals provided for therein to be based on rental rates of comparable properties at Meacham Field at the time of the execution of each additional lease agreement. ARTICLE V A. GROUND AREA, For the ground area leased hereunder , as described in Article I A hereof, Lessee shall pay to Lessor an annual ground rental of $4, 032 , 00 for each year of the term, B. ADJUSTMENT OF RENTALS. Upon written notice from Lessor to Lessee delivered within 30 days prior to the end of each five (5) year period during the term of this Lease, Lessor shall have the right but not the duty to adjust the ground rental payable hereunder to conform same to rentals then prevailing at the airport for comparable ground space, said increase not to exceed ten percent (10%) of the amount theretofore payable. For the purpose of this paragraph, the first such 5 year period shall be deemed to end on September 30, 1977. C. TIME OF PAYMENT. All rentals shall be paid monthly in advance in regular installments of $336.00 each, the first . payment being due on or before the first day of D. FUEL FLOWAGE FEES, Notwithstanding . any of the provisions contained herein under no circumstances shall Lessee be held liable for fees on gas purchased previously from a supplier when said flowage fees are collected from said supplier. ARTICLE VI INSURANCE AND INDEMNIFICATION A. FIRE INSURANCE. During the full term of this Lease, Lessee shall, at its sole cost and expense, cause all improvements constructed in the demised premises as set forth on Exhibit "A, " to be kept insured to the full insurable value thereof against the perils of explosion, fire, and like perils. Said insurance shall be procured from a company authorized to do business in the State of Texas and satis- factory to Lessor, and Lessee shall provide evidence satis- factory to Lessor that such coverage has been procured and is being maintained. The proceeds of any such insurance paid on account of any of the perils aforesaid shall be used to defray the cost of repairing, restoring or reconstructing said improvements, as necessary in the opinion of Lessor. Property insurance policies required by this paragraph shall contain waiver of subrogation endorsements and shall contain a provision that no chance, cancellation or renewal B. INDEMNIFICATION. Lessor shall stand indemnified by Lessee as herein provided. Lessee is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omission, and Lessor shall in no way be responsible therefor. Lessee covenants and agrees to indemnify, hold harmless and defend Lessor, its agents, servants or employees from and against any and all claims for damages or injury to persons or property arising out of or incident to the leasing of or the use and occupying of the premises by Lessee, its employees, patrons, contractors or subcontractors; and Lessee does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or asserted, occurring during the term of this Lease in connection with the use or occupancy of the premises by Lessee, its employees, patrons, contractors or subcontractors. Lessee shall pay promptly when due all bills or charges for construction or maintenance as well as any other amounts due for material or services furnished in connection herewith, and Lessee shall indemnify Lessor against any and all mechanics and materialmen's liens or any other , types of liens imposed upon the premises demised hereunder arising as a result of Lessee' s conductor inactivity. Lessee shall promptly, after the execution of this Lease, provide public liability insurance for personal in- for one person and Three Hundred Thousand Dollars ($300,000.00) for two or more persons; and shall provide property damage liability insurance in a minimum sum of Three Hundred Thousand Dollars . ($300,000.00) for property damage growing out of any one accident or other cause. Lessee shall maintain said insurance with insurance underwriters authorized to do business in the State of Texas and approved by Lessor. Lessee shall furnish Lessor with a certificate from the insurance carrier showing such insurance to be in full force and effect during the entire term of this Lease, or shall deposit with Lessor copies of said policies. Said policies or certificates shall contain a pro- vision that written notice of cancellation or of any material change in said policy by the insurer shall be delivered to Lessor thirty (30) days in advance of the effective date thereof. C. PERFORMANCE BONDS. At any time that Lessee under- takes construction of any improvements or the performance of any work which will result in alteration of the demised prem- ises, Lessee shall, at its own cost and expense, cause to be made, executed and delivered to Lessor, two separate bonds in accordance with Article 5160 of the Revised. Civil Statutes of Texas as follows: (1) Prior to the date of commencement of construc- improvements in accordance with approved final plans and detailed specifications; and shall guarantee Lessor against any losses and liability, damages, expenses, claims and judgments caused by or resulting from any failure of Lessee to perform completely the work described as herein provided. (2) Prior to the date of commencement of construc- tion, a payment bond with Lessee' s contractor or contractors as principal, in a sum equal to the full amount of construction contract awarded. Said bond shall guarantee payment of all wages, for labor and services engaged and of all bills for materials, supplies, and equipment used in the performance of said construction contract. ARTICLE VII CANCELLATION ASSIGNMENT AND TRANSFER A. CANCELLATION BY LESSOR, This Lease shall be subject to cancellation by Lessor in the event Lessee shall: (1) Be in arrears in the payment of the whole or any part of the amounts agreed upon hereunder for a period. of fifteen (15) days after the time such payments become due. (2) Make a voluntary assignment for the benefit of creditors. (3) File a voluntary petition in bankruptcy. (4) Abandon the demised premises. (5) Fail to replace any improvements by Lessee which have been destroyed by fire, explo- sion, etc, , within six (6) months from the date of such destruction. (6) Default in the performance of any of the , covenants, and conditions required herein. In any of the aforesaid events, Lessor may forcibly, obligations hereunder without being deemed guilty of any nature of trespass. This Lease, or a copy hereof, shall be sufficient warrant for any person. Upon reentry by Lessor under this paragraph, this Lease shall terminate. All rental due hereunder shall be payable to said date of termination. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar or destroy the right of Lessor to cancel this Lease by reason of any subsequent default or violation of the terms hereof. B. ASSIGNMENT AND TRANSFER. This Lease shall not be assigned in whole or in part by Lessee without the prior written consent of Lessor, and any attempted assignment with- out such prior written consent shall be void. C. SUSPENSION OF LEASE. During the time of war or national emergency, Lessor shall have the right to lease the landing area of any part of said Airport to the United States Government for military or naval use. If any such lease is executed, any provisions of this instrument which are inconsistent with the provisions of the lease to the Government shall be suspended. Nothing contained in this Lease shall prevent Lessee from pursuing any rights which Lessee may have for reimbursement from the United States Government for the taking of any part of this leasehold. or ARTICLE VIII RIGHTS UPON TERMINATION A. PERSONAL PROPERTY. Upon termination of this Lease other than under Article VII A hereof, Lessee shall immediately remove all personal property from the demised premises and return the premises and improvements thereon to Lessor in a good state of repair. Any property remaining on the premises after termination shall, at Lessor ' s sole option, become the property of Lessor or same may be re- moved and/or disposed of in a manner deemed appropriate by Lessor, and the cost and expense of such removal and/or disposition shall be paid by Lessee, ARTICLE IX GENERAL PROVISIONS A. CONCESSIONS EXCLUDED, It is specifically agreed and stipulated that the following concessions and the esta- blishment thereof are excluded from this Lease, to wit: (1) Ground transportation for hire, (2) Food sales, (3) News and sundry sales . (4) Barber and vai,�;t service. (5) Alcoholic beverages, B. ATTORNEY' S FEES, In any action brought by Lessor for the enforcement of the obligations of Lessee, Lessor gall hP Pni-itled to recover interest and reasonable attor- or use of the demised premises or any improvements or prop- erty placed thereon as a result of Lessee ' s occupancy, D. SUBORDINATION OF LEASE. This Lease shall be subordinated to the provisions of any existing or future agreement between Lessor and the United States relative to the, operation or maintenance of the Airport, the execu- tion of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. E. PARAGRAPH HEADINGS, The paragraph headings con- tained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Lease. F. NOTICES. Notices to Lessor provided for herein shall be sufficient if sent by registered mail, postage paid, addressed to Aviation Director, Fort Worth Municipal Airport, Meacham Field, Fort Worth, Texas 76106, and notices to Lessee if sent by registered mail, postage prepaid, addressed to D. E. Hansen, Meacham Field, Fort Worth, Texas 76106, or to such other addresses as the parties may designate to each other in writing from time to time, G. SUCCESSORS AND ASSIGNS. All of the terms, cove- nants, and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of ARTICLE X City Secretary Contracts No. 7066, dated February 28, 1972; No. 7189, dated July 17, 1972 ; No. 7434, dated April 2, 1973; and No. 7887, dated June 3, 1974, are hereby cancelled and terminated as of this date. EXECUTED at Fort Worth, Tarrant County, Texas, this day of A. D. 1975. . E. Hansen, Lessee CITY OF FORT WORTH - LESSOR By �r y City Manager ATTEST: APPROVED BY CITY COUNCIL City Secretary Cw:: - ecretarZ APPROVED AS TO FORM AND LEGALITY: City Attorney City of Fort Worth, Texas Mayor and Council . 7' 7.o" �D61 �� (�®1i�1�11�1�8•lGGD1��c�a��®� DATE NUMBER CE SUBJECT: Assignment of Leases - Don E. PAGE Hansen - Meacham Field 1 3/24/75 C-3037 for At the present time Mr. Don E. Hansen holds several fixed base o erator' leases at Meacham Field, bein City Secretary Co o. 7066 dated February 8 1972; o. 7189 da e Jul 2; No. 7434 dated April 2, 1973; and No. 7887 ate une 1974 - These leases cover T-hangar areas No. 4, 5, 7, 10_, 11 and 12 at Meacham Field. All of said leases are for a period of time terminating on the same date of September 30, 2002. All of said leases contain the same substantive provisions. In connection with a proposed security arrangement with Mr. Hansen:and the Continental National Rank, Mr_ Hansen has requested the City to approve the assi nme lea ed of Trust:'----'- The rust:`The Bank has requested that the sai four existing Hansen 1PgRPc be combined into two new leases in which the areas of landccupied by Mr. Hansen will be accurately described according to a survey prepared by the Department of Public Works. No changes will be made in the amount of rent, the term, or in any of the substantive urovisions or conditions of the leases. The proposed leases and assignments have been reviewed by the Department of Law, and, after considerable negotiations, have been tentatively approved. The Aviation Board at its meeting of March 18, 1975, recommended that the proposed leases and assignments be approved. Recommendation City Council approval is requested. RNL:lm i SUBMITTED BY: DISPOSITI BY COUNCIL: PROCESSED BY APPROVED ❑ OTHER (DESCRIBE) A&I CITY SECRETARY DATE CITY MANAGER 3 _� /, �� -- - -- -- j ' � / ,'/ /' I / � � � � �� � � ii;