HomeMy WebLinkAboutContract 31605 �je N
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FORT WORTH SPINKS AIRPORT
TERMINAL BUILDING OFFICE LEASE AGREEMENT
(TERM)
"This TERMINAL BUILDING OFFICE 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 County, Texas acting by and through Mare Ott, its duly authorized
Assistant City Manager, and Cook Children's Medical Center, a Texas corporation acting by and
through Nancy C. Cychol, its duly authorized Representative.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Terminal Building ("Tenninal") at Fort Worth Spinks Airport ("Airport") in Fort
Worth, Tarrant County, Texas:
LL 211.72 square feet of office space identified as "Suite 13" as depicted on Exhibit
"A", attached hereto and hereby made a part of this Lease for all purposes; and
1.2. 232.00 square feet of office space identified as "Suite C" as depicted on Exhibit
"A", attached hereto and hereby made a part of this Lease for all purposes; and
1.3. Closed storage space in FBO garage, identified as "Storage space A" depicted on
Exhibit"A", attached hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall commence on the date of its execution ("Effective
Date") and expire at 11:59 P.M. on September 30, 2005. Unless terminated in accordance with the
provisions of this Lease, this Lease automatically shall renew for successive Renewal Terms of one
year each, commencing at 12:00 A.M. on October I't of each year and expiring at 11:59 P.M. the
following September 30`t'; provided, however, that the rental rates for each Renewal Term shall be
adjusted to comply with the rates prescribed for the Premises by Lessor's published Schedule of
Rates and Charges in effect at the same time.
3. REN T. V�� �v�btil` NAV'llD
3.1. Rent During Initial Term.
During the Initial Term of this Lease, Lessee shall pay Lessor as annual rent for the
Premises the sum of Six Thousand, Four Hundred Ninety Nine dollars and Nineteen cents
($6,499.19), payable in equal monthly installments of Five Hundred Forty One dollars and
Fifty Nine cents ($541.59). 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 conunences on a day other than the first (1 st) 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 During Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
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 firth in Section 18. Rent shall be considered
past due if Lessor has not received full payment afler the (10th) day of the month for which
payment is due. Lessor will assess a late penalty charge often percent (10%) per month on
top of the entire month's rent for each month in which rent is past due.
4. This section intentionally omitted.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with the
exception of telephone utilities.
6. MAINTENANCE AND REPAIRS.
6.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises unless located in the
basement of the Terminal. Lessor agrees to perform minor repairs and maintenance on a
timely basis as required by the ordinary use of the Premises under the terms of this Lease
and which are not caused by any violation thereof by Lessee. Lessor shall have the right
and privilege, through its officers, agents, servants or employees to inspect the Premises at
any time. If Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to undertake such
maintenance or repair work within thirty (30) calendar days of receipt of notice. If Lessee
fails to undertake the maintenance or repairs recommended within this time, Lessor may, in
its discretion, perforin the necessary maintenance or repairs on behalf of Lessee. In this
event, Lessee will reimburse Lessor for the cost of the maintenance or repairs, and payment
will be due on the date of Lessee's next monthly rental payment following completion of the
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repairs.
6.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer any waste
of the Premises. Lessee shall not allow any holes to be drilled or made in the brick, plaster
or cement work. Lessee will not pile or store boxes, cartons, barrels or other similar items
in a manner that is unsafe or unsightly. Upon termination of this Lease, Lessee agrees to
return the Premises to Lessor in the same condition as originally received, subject to
ordinary wear and tear consistent with normal use over time. Lessee is responsible for all
damages caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors, subcontractors, patrons, licensees, invitees or trespassers.
For any portion of the Premises located in the basement of the Terminal, Lessee
shall provide, at Lessee's own expense, and use covered metal receptacles for the temporary
storage of all trash and garbage and arrange and pay for the sanitary transport and permanent
disposal away from the Airport of all of Lessee's trash, garbage and refuse.
6.3. Inspection.
Lessor, through its officers,agents, servants or employees, reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which Lessor
is authorized or required to do under the terms of this Lease or to perform its governmental
duties under federal, state or local rules, regulations and laws (including, but not limited to,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing, and Fire
Codes, or other health, safety and general welfare regulations). Lessee will permit the Fire
Marshal of the City of Dort Worth or his agents to make inspection of the Premises at any
time, and Lessee will comply with all recommendations made to Lessee by the Fire Marshal
or his agents to bring the Premises into compliance with the City of Fort Worth Fire Code
and Building Code provisions regarding fire safety, as such provisions exist or may
hereafter be added or amended. Lessee shall maintain in a proper condition accessible (ire
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.
7. ACCEPTANCE OF PREMISES.
7.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos-containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos-containing materials exist on the Premises to the extent identified in
Lessor's Level II Asbestos Assessment Report dated October 12, 1992, a public document
on file in Lessor's City Secretary's Office and incorporated herein by reference for all
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purposes. Lessee covenants and agrees to comply with all federal, slate and local laws and
regulations, now in existence or promulgated in the future after receiving notice of such
from Lessor, which pertain to asbestos-containing materials. Lessee covenants and agrees
to cooperate fully with any asbestos abatement activity plan or asbestos operations and
maintenance plan set forth by Lessor. Lessee further covenants and agrees to notify and
obtain written approval from Lessor prior to Lessee's undertaking of any repairs,
renovations, alterations or improvements to the Premises or of any other activity which
might disturb asbestos-containing materials. Lessee agrees that it shall be solely responsible
for all expenses of such activities. Lessor retains the right to perform or cause to be
performed air sampling on the Premises to check for the presence of airborne asbestos
fibers. Lessee agrees to allow Lessor full access to the Premises to perforni such tests.
Lessor will make the results of any such tests available to Lessee at Lessee's request.
7.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully advised
of its own rights without reliance upon any representation made by Lessor concerning the
condition of the Premises. Lessee accepts the Premises in its present condition as
satisfactory for all purposes set forth in this Lease.
8. CONSTRUCTION AND IMPROVEMENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and receives
in writing approval from the Director of Airport Systems or authorized representative. All such
approved construction work on and improvements to the Premises shall comply fully with the
Americans with Disabilities Act of 1990, as amended.
9. PARKING.
Lessee 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,
-licensees or invitees, subject to all ordinances and regulations of the City of Fort Worth and all
other applicable laws.
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
under this Lease, unless specifically approved by the Director of Airport Systems or authorized
representative: (i) ground transportation for hire; (ii) motor vehicle rental, including taxi and
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limousine service; (iii) food sales; (iv) barber and valet services; (v) alcoholic beverage sales; and
(vi)aviation-related sales of pilot supplies.
ll. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Director of
Airport Systems or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however, must be in keeping with the size, color, location
and manner of display of other signs throughout the Terminal. In addition, Lessee may, at its own
expense, make, install and maintain a sign outside the Terminal on Lessor's property subject to prior
written approval by the Director of Airport Systems or authorized representative as to the sign's
placement, appearance, construction, and conformity with applicable City Code restrictions.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition. Lessee
agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulting from the
installation, maintenance or removal of any such sign. Lessee also agrees to remove any sign at its
own expense immediately upon receipt of instructions for such removal from the Director of
Airport Systems or authorized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. All fixtures and items permanently attached to any stricture on the Premises belong
to Lessor, and any additions or alterations made thereon, shall immediately become
the property of Lessor.
12.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or Future
avigational or navigational aids used at the Airport.
12.3. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public, or
for any other cause deemed necessary by Lessor. In this event, Lessor shall in no
way be liable for any damages asserted by Lessee, including, but not limited to,
damages from an alleged disruption of Lessee's business operations.
12.4. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development, maintenance or repair of Airport infrastructure.
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12.5. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government.
12.6. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant
to the Sponsor's Assurances given by Lessor to the United States Government
through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
B. INSURANCE.
13.1. Types of Coverage and Limits.
Lessee shall procure and maintain at. all times, in frill force and effect, a policy or
policies of insurance as specified herein, naming the City of Fort Worth as an additional
insured and covering all public risks related to the leasing, use, occupancy, maintenance,
existence or location of the Premises. Lessee shall obtain the following insurance coverage
at the limits specified herein:
• Commercial General Liability:
$300,000.00 per occurrence
(including Products and Completed Operations);
In addition, Lessee shall be responsible for all insurance to any approved construction,
improvements, modifications or renovations on or to the Premises and for personal property
of Lessee or in Lessee's care, custody or control.
13.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter as proof that it has obtained
the types and amounts of insurance coverage required herein. Lessee hereby covenants and
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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 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-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. INDE;vINIFiCATiON.
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,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR OR PARTIES LEASING PORTIONS OF THE
TERMINAL OR AIPORT FROMLESSOR.
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 L1:ASE OR WITH THE
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LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR OR PARTIES LEASING
PORTIONS OF THE TERMINAL OR AIPORT FROM LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONNECTION WITH ANYAND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR OR PARTIES LEASING PORTIONS OF THE TERMINAL OR
AIPOR T FROM LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN,DESTROYED OR INANY IVAYDAMAGED.
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
such immunity or exemption as against Lessor.
17. TERMINATION.
In addition to any termination rights provided herein, this Lease may be tenninated as
follows:
17.1. By Either Party.
Lessor or Lessee may terminate this Lease 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 Lessor 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 Lessor, Lessor may terminate this Lease by providing Lessee with written
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notice not less than one hundred eighty (180) days prior to the effective date of such
termination.
17.3. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time, Lessor shall have the right to terminate this Lease immediately.
17.4. Breach or Default by Lessec.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
17.5. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of' this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee 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 Lease
was entered into, subject to ordinary wear and tear. Lessor 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. Lessor shall also have the right to remove any
and all fixtures or equipment that may be found within or upon the Premises without being
liable therefor. 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
the Lease or any act incident to Lessor's assertion of its right to terminate.
18. NOTICES.
Notices required pursuant to the provisions ofthis Lease shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party at the following address, or (2)
deposited in the United States Mail,postage prepaid, addressed as follows:
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To LESSOR:
For Rent: For All Other Matters:
CITY OF FORT WORTH DEPARTMENT OF AVIATION
REVENUE OFFICE SPINKS AIRPORT
1000 THROCKMORTON STREET 450 ALSBURY CT.
FORT WORTH`I'X 76102-6312 BURLESON TX 76028
To LESSEE:
COOK CHILDREN'S HOSPITAL
MEDICAL CENTER, REAL ESTATE DEPT.
801 7th AVENUE
FORT WORTH,TEXAS 76104
19. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor. Any such transaction
attempted by Lessee without prior written consent by Lessor shall be null and void. If Lessor
consents to any such transaction, the respective assignee or sublessee shall consent to comply in
writing with all terms and conditions set forth in this Lease the same as if that party had originally
executed this Lease.
20. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the property of
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same within thirty (30) days of such creation or filing. Lessee's failure
to discharge any such purported lien shall constitute a breach of this Lease and Lessor may
terminate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate and
discharge such lien shall 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.
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22. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and
Lessee immediately shall remove from the Premises any person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Director of Airport Systems; 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, riles 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 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 h3mish its accommodations and to price its goods and services on a fair
and equal basis to allpersons. 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.
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25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does not
waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon
appropriate performance or to assert any such right on any future occasion.
27. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division. This Lease shall be construed in accordance with the laws of the State of Texas.
28. ATTORNEYS' FEES.
In any action brought by a party for the enforcement of the obligations of the other party,the
prevailing party shall be entitled to recover interest and reasonable attorneys' fees from the non-
prevailing party.
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.
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31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
32. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provisions of
this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing
by both parties and approved by the City Council of Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
day of i
CITY OF FORT WORTH:
By By: v
Marc A. Ott Nancy C. Cyc RN, MS
Assistant City Manager President
ATTEST:
By: �h AA
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By.
Assistant City Attorney M & C: C-- Zc7 UO L
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 Nancy C. Cychol, 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 Cook
Children's Hospital Medical Center and that he executed the same as the act of Cook Children's
Medical Center for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d
� ay of_
5.
4 1.00 + PAMELA A. BROCK
Notary Public
* STATE OF TEXAS
+�Qf M,OwnEV05/12/20 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 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 said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
�1
G,IIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
HETTIELANE o Public in and for the State of Texas
MY COMMISSION EXPIRES
July 26,2007
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' Exhibit A
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/16/2004
DATE: Tuesday, November 16, 2004
LOG NAME: 55COOK CHILDREN REFERENCE NO.: **C-20402
SUBJECT:
Authorize Lease Agreement with Cook Children's Hospital Medical Center for Office Space at Fort
Worth Spinks Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an annual Terminal Building
Office Lease Agreement with Cook Children's Hospital, Medical Center for Suites B and C, consisting of
444 square feet of office space and one closed storage space at Fort Worth Spinks Airport.
DISCUSSION:
Cook Children's Hospital, Medical Center has requested to enter into a lease agreement for Suites B and C,
consisting of 444 square feet of office space and one closed storage space at Fort Worth Spinks Airport.
The office space will lease at a rate of $13.32 per square foot and the closed storage space at a rate $49.07
a month.
Total revenue received from this lease will be $541.91 per month, or $6,502.92 per year. Based on an
assumed start date of November 1, 2004, the revenue that will be received for the remainder of the fiscal
year will be $5,961.01.
The initial term of the lease will commence upon the date of execution and expire September 30,
2005. Rental rates shall be subject to an increase on October 1st 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
agreement terms will be in accordance with the established City and Aviation Department policies.
The property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Division 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 491282 0551201 $6,502.92
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55COOK CHILDREN Page I of I