HomeMy WebLinkAboutContract 52443 O CITY SECRETARY
CONTRACT NO._ 5Q L4(A3_�___�
FORT WORTH AVIATION DEPARTMENT
ADMINISTRATION BUILDING OFFICE LEASE
MONTH-TO-MONTH
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT ("Lease") is
made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation under the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and TEXAS STERLING CONSTRUCTION CO.
("Lessee"), a Texas Business acting by and through JOHN NICHOLSON, its duly authorized
VICE PRESIDENT-NORTH TEXAS.
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 Administration Building ("Admin Building") at Fort Worth Meacham
International Airport("Airport") in Fort Worth,Tarrant County, Texas: 2,292 square feet
of office space identified as Suite 120, First Level, depicted on Exhibit "A", attached
hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Terns of this Lease shall commence on the date of execution of this Lease
("Effective Date")and continue on a month-to-month basis until either party terminates this
Agreement, for any reason, by providing the other party with not less than 30-days written
notice prior to the effective date of such termination.
3. RENT.
3.1. Rates and Adjustments.
Lessee shall commence the payment of rent, in accordance with this Section 3, on
the Effective Date of this Lease. From the Effective Date, Lessee hereby promises
and agrees to pay Lessor a rental rate of$16.00 per square foot, which is the current
rental rate as prescribed under the Lessor's Schedule of Rates and Charges, for the
2,292 square feet on the Premises, for a total of Three Thousand Fifty-Six Dollars
and 0/100 ($3,056.00) per month. On July 1, 2019, and on the 1st of each month
thereafter in which this Lease is still in effect, Lessee's rental rate shall be adjusted
to comply with the rates prescribed for the Premises by Lessor's Schedule of Rates
and Charges in effect at the respective time. In no event shall Lessee's monthly
rental rate 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.
OFFICIAL RECORD
CITY SECRETARY
F C. WORTK U
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
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3.2. Payment Dates and Late Fees.
Monthly rent payments under this Lease are due on or before the first (I") 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 on or before
the 101h 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. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of telephone utilities and internet service. Lessee agrees that all electrically-
operated equipment which may be used on the Premises shall fully comply with the City
of Fort Worth Mechanical, Electrical, Plumbing, Fire and Building Codes, as they exist or
may hereafter be amended.
5. MAINTENANCE AND REPAIRS.
5.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises. 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, perform 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 repairs.
5.2. 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.
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For any portion of the Premises located in the basement of the Administration
Building, 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.
5.3. 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 Fort 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 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. 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.
7. 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 Airport Systems Director 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.
8. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Director of Airport Systems or
authorized representative, 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.
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9. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for the purpose proposed to and approved by
the Department of Aviation.Any proposed change to the use and activity within the lessee
space must be approved by the Department of Aviation prior to the change occurring.
10. 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 signage. Such signs,
however, must be in keeping with the size, color, location and manner of display of other
signs throughout the Administration Building. In addition, Lessee may not install a sign
outside the Administration Building on Lessor's property without prior written approval by
the Airport Systems Director or authorized representative as to the sign's placement,
appearance,construction, and conformity with applicable City Code restrictions.
The Meacham Administration Building's location sign on Main Street is part of the
airport's Unified Signage Agreement.All associated signage panels must be approved and
procured by the lessor. The lessee will remit payment in advance to the lessor for the sign
panel cost.
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 signs at its own expense immediately upon receipt of instructions for such
removal from the Airport Systems Director or authorized representative.
11. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
11.1. 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
the property of Lessor.
11.2. 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.
11.3. 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.
11.4. 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
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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.
11.5. 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.
11.6. 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.
12. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance specified to be maintained
by a commercial tenant in accordance with Exhibit "B", the "City of Fort Worth Aviation
Insurance Requirements"attached hereto and made part of this Lease for all purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care, custody or control.
12.1. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits
on existing coverages, are subject to change at Lessor's option and as necessary to
cover Lessee's and any Sub-lessees' operations at the Airport.Lessee will accordingly
comply with such new requirements within thirty (30) days following notice to
Lessee.
12.2 Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit`B", which is attached
hereto and incorporated herein for all purposes.
12.3 As a condition precedent to the effectiveness of this Lease,Lessee shall furnish Lessor
with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty(30)days
prior to the expiration of any insurance policy required hereunder, it shall provide
Lessor with a new or renewal certificate of insurance. In addition, Lessee shall, at
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Lessor's request,provide Lessor with evidence that it has maintained such coverage
in full force and effect.
13. 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.
14. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE MEACHAM AIRPORT TERMINAL BUILDING AND SURROUNDING
PARKING LOTS 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.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESSAND DEFEND LESSOR,ITS OFFICERS,AGENTS,SERVANTSAND
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, INCL UDING 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 MEACHAMAIRPORT TERMINAL BUILDING
AND SURROUNDING PARKING LOTS 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.
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 ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, OR PATRONS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF 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
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LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAYBE
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.
15. 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.
16. TERMINATION.
In addition to termination rights contained elsewhere in this Lease,Lessor shall have the right
to terminate this Lease as follows:
16.1. Failure by Lessee to Pay Rent,Fees or Other Charges.
If Lessee fails to pay any rent, fees or other charges due under this Lease,Lessor shall
deliver to Lessee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Lessee fails to pay the balance outstanding within such time,Lessor
shall have the right to terminate this Lease immediately.
16.2. 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 receipt of such written notice to
cure, adjust or correct the problem to the standard existing prior to the breach. If
Lessee fails to cure the breach or default within such time period, Lessor shall have
the right to terminate this Lease immediately, unless such breach or default is not
susceptible to cure within thirty(30) calendar days, in which event Lessee shall have
such additional time to effect a cure as determined by Lessor.
16.3. Abandonment or Non-Use of the Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30)consecutive calendar days shall constitute grounds for immediate termination of
this Lease by Lessor, unless such non-use is caused by Force Majeure, as set forth in
Section 27 below.
16.4. Lessee's Financial Obligations to Lessor upon Termination,Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 16.1, 16.2 or 16.3 of this Lease,
Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the remainder
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of the term then in effect as well as all arrearages of rentals, fees and charges payable
hereunder. In no event shall a reentry onto or re-letting of the Premises by Lessor be
construed as an election by Lessor to forfeit any of its rights under this Lease.
16.5. Riuhts of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease,all rights,powers and privileges granted
to Lessee hereunder shall cease and Lessee shall vacate the Premises. Within twenty
(20) days following the effective date of termination or expiration, Lessee shall
remove from the Premises all trade fixtures, tools, machinery, equipment, materials
and supplies placed on the Premises by Lessee pursuant to this Lease. After such time,
Lessor shall have the right to take full possession of the Premises, by force if
necessary, and to remove any and all parties and property remaining on any part of
the Premises. Lessee agrees that it will assert no claim of any kind against Lessor, its
agents, servants, employees or representatives, which may 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.
17. 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: TO LESSEE:
City of Fort Worth Texas Sterling Construction Company
Aviation Department 1441 Airport Freeway, Suite 350
201 American Concourse, Suite 330 Euless, Texas 76040
Fort Worth,Texas 76106-2749 (682) 292-9150
18. 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 sub-lessee 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.
19. 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
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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.
20. 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.
21. 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 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.
21.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards, as may
be adopted by the City Council from time to time. Lessee shall be bound by any charges
adopted in the City's Schedule of Rates and Charges,as may be adopted by the City Council
from time to time.
22. 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 age, race, color, national origin, religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression. 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 age, race, color, national origin, religion,
disability, sex, sexual orientation,transgender, gender identity or gender expression.
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
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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.
23. 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.
24. 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.
25. 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.
26. 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.
27. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and either
party should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys'fees.
28. 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.
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29. 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.
30. 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.
31. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority
has been granted by proper order,resolution,ordinance or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations in entering into
this Agreement or any amendment hereto.
32. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 ofthe Texas Government Code. By signing this Lease,Lessee certifies that Lessee's
signature provides written verification to the City that Lessee: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the Lease.
33. 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.
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IN WITNESS WH REOF,the parties hereto have executed this Agreement in multiples
on this the 100- day of ,�(L , 2019.
CITY OF FOR T WORTH:
By: �—
William Welstead
Directory of Aviation
Date:
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 William Welstead known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that the same was the act of the City
of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 19-1 day
1 Q� 52019.
% `""" CRISTINA MACIAS p,Y PVC i��
Notary Public,State of Texas Notary Public in and for the State of Texas
Comm. Expires 02-22-2022 '
'61111 Notary ID 131462371 -0.R71
APnnnvUn c mn FORM ATTEST:
1 1\V L'L A 1 V r� 1 ••..0
'I a
AND LEGALITY:
r U :3
By. By. y Ar`
Thomas Royce ansen, Mary J. se i `t
Assistant City Attorney City SecretaryX � ''
._
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
eal P / erty (Manager:
v/
� � `� OFFICIAL RECORD
Print Name: CITY SECRETARY
FT. WORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Texas Sterling Construction Co.—Suite 120 Page 12 of 13
LESSEE:
TEXAS STERLING CONSTRUC,`TION CO.
Jo icholson,
ice Presiident—North Texas
Date:
STATE OF TEXAS §
COUNTY OF--Z y)',C 1N §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared John Nicholson, 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 TEXAS
STERLING-CONSTRUCTION CO. and that he executed the same as the act of TEXAS
STERLING CONSTRUCTION CO. for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
2019.
ROSE NGUYEN
�ii
?,4: z Notary Public,State of Texas Notary Public in an or the State of Texas
Comm.Expires 02-21-2022
�''�oF����`'� Notary ID 124083696
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Texas Sterling Construction Co.—Suite 120 Page 13 of 13
J
I
I
F~O-RRT.WWORT H
AVIA]ION EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
Commercial Environmental Automobile Liability (To
Li
Category Properly General Hanga ' rs Impairment Aircraft and Passenger Include Hired&Non-owned
Insurance Liability abilitlity Liability Liability Vehiclees)
Fixed Base Operators(FBO's) Yes $5,000,000 $5,000,000 $1,000,000 $ 1,000,000
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance •5 $1,000,000 $1,000,000 $ 1,000,000
Operator-Piston
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance -5 $5,000,000 $1,000,000 $ 1,000,000
Operator-Turbine
Avionics or Instrument Maintenance
s $1,000,000 $ 1,000,000
Operator (Bench work Only)
Aircraft Rental or Flight Training •5 2 $1,000,000/occurrence
Operator $1,000,000 $ 1,000,000
•s $100,000/passenger
Aircraft Charter or Aircraft 's $5,000,000/occurrence
Management Operator s $1,000,000 $ 1,000,000
$500,000/passenger
Aircraft Sales Operator •s $1,000,000/occurrence
$1,000,000 $1,000,000 $ 1,000,000
•s
$100,000/passenger
Aircraft Storage Operator 5 $1,000,000 $1,000,000
'S $5,000,000 3 $5,000,000 3 $ 1,000,000
Aviation Service Sole Proprietor •s $1,000,000 2 $1,000,000/occurrence $ 250,000
$100,000/passenger
Other Commercial Aeronautical $1,000,000
Activities $300,000/occurrence $ 1,000,000
Temporary Specialized Aviation
Service Operator $1,000,000 $300,000/occurrence $ 1,000,000
Non-Commercial Hangar Lessee 'S $1,000,000 7 $300,000/occurrence $ 1,000,000
Non-Commercial Flying Club 5 $1,000,000 $1,000,000/a r
$100,000/ assen$1,000,000/occurrence
$ 1,000,000
sen
Non-Commercial Self-Fueling •5
Permitee Jet Fuel and/or A as) $1,000,000 $1,000,000 $300,000/occurrence $ 1,000,000
Non-Commercial Self-Fueling 7
Permitee 5 $1,000,000 $500,000 $300,000/occurrence $ 250,000
Alternative Fuels e. .m as
7
Box Hangar,T-Hangar,Community s $1,000,000 $300,000/occurrence $ 250,000
Hangar
Other -Insurance requirements subject to determination by Aviation Department and Risk Management.
Additional Insurance Requirements
-Lessee's policies are to be primary to any other valid and collectible insurance available to the City
•AII policies shall include a Waiver of Subrogation in favor of the City(Temporary SASO must also include Airport Lessee)
-The City of Fort Worth shall be named as Additional Insured(Temporary SASO must also include Airport Lessee)
-Policies shall have no exclusions by endorsement,which,neither nullify or amend the required lines of coverage,nor decrease the limits of said coverage
Coverage per aircraft should be equivalent to the average aircraft value at one time and coverage per occurrence should be equivalent to the average of the
maximum value of total aircraft at one time,but not less than the amount noted above
2 Must include Negligent Instruction Coverage
3 If aircraft storage operator is providing subleasing space for aircraft storage
4 Only required for those providing flight instruction
5 Depends on terms of the lease agreement
6 If vehicle parked landside-State minimums would apply
7 Coverage may be provided by endorsement
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)
` DEFINITIONS:
Coverage for the Building includes(but is not limited to)the building and structures,completed additions to covered
buildings, outdoor fixtures, permanently installed fixtures,machinery and equipment. The building material used to
maintain and service the insured's premises is also insured. Business Personal Property owned by the insured and
used in the insured's business is covered for direct loss or damage. The coverage includes(but is not limited to)
furniture and fixtures,stock,improvements and betterments, leased property for which you have a contractual
obligation to insure and several other similar business property items when not specifically excluded from coverage.
The policy is also designed to protect the insured against loss or damage to the Personal Property of Others while
in the insured's care, custody and control.
PROPERTY INSURANCE
Business Income(sometimes called Business Interruption)affords protection against the loss of earnings of a
business during the time required to rebuild or repair covered property damaged or destroyed by fire or some other
insured cause of loss.
Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cause of loss. These expenses could include rent, utilities,moving
expenses,telephone, advertising and labor.
This coverage protects the insured for bodily injury or property damage to the third parties,for which they are legally
liable.The policy covers accidents occurring on the premises or away from the premises. Coverage is provided for
injury or damages arising out of goods or products made or sold by the named insured. Coverage is afforded for
the named insured and employees of the named insured; however, several individuals and organizations other than
the named insured may be covered depending upon certain circumstances specified in the policy. In addition to the
limits,the policy provides supplemental payments for attorney fees,court costs and other expenses associated with
a claim or the defense of a liability suit.
Coverage A-Bodily Injury and Property Damage Liability
COMMERCIAL GENERAL Bodily Injury means physical injury,sickness or disease, including death. Property Damage means physical injury
LIABILITY to tangible property, including the resulting loss of use of that property.
Coverage B-Personal Injury and Advertising Injury Liability
Personal Injury means false arrest,malicious prosecution,wrongful entry or eviction, libel,slander and violations of
a person's right of privacy. Advertising Injury means libel,slander,disparagement,violations of a person's right of
privacy, misappropriation and copyright infringement.
Coverage C-Medical Payments
Medical Payments means medical expenses for bodily injury caused by an accident.
Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the
HANGARKEEPERS aircraft is in the care,custody or control of the insured for safekeeping,storage,service or repair. Coverage
LIABILITY extends to liability claims involving an aircraft's loss of use.
Insures the pollution exposure associated with the insured's property and operations, Including costs of cleanup and
remedial or corrective action due to a third-party demand or a government order.The Pollution exclusion in general
ENVIROMENTAL liability insurance effectively eliminates coverage for damages for bodily injury, property damage and cleanup costs
IMPIRMENT LIABILITY arising from most types of pollution events. Because of this,customized protection for the pollution exposure of
numerous insureds in this category is essential.
Coverage geared specifically to the operation of aircraft and the risks involved in aviation.Aviation insurance
policies are distinctly different from those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND terminology,as well as terminology, limits and clauses specific to aviation insurance. Passenger liability protects
PASSENGER LIABILITY passengers riding in the accident aircraft who are injured or killed. In many countries this coverage is mandatory
only for commercial or large aircraft.Coverage is often sold on a"per-seat"basis,with a specified limit for each
passenger seat.
The liability coverage of the Business Auto Policy provides protection against legal liability arising out of the
AUTOMOBILE LIABILITY ownership, maintenance or use of any insured automobile. The insuring agreement agrees to pay for bodily injury
(TO INCLUDE HIRED& or property damage for which the insured is legally responsible because of an automobile accident. The policy also
NON-OWNED VEHICLES) states that, in addition to the payment of damages,the insurer also agrees to defend the insured for all legal
defense cost. The defense is in addition to the policy limits.
WAIVER OF An agreement between two parties in which one party agrees to waive subrogation rights against another in the
SUBROGATION event of a loss. The intent is to prevent one party's insurer from pursuing subrogation against the other party.
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)
ALR.�®® DATE(MMIDD/YYYY)
`r—►'�" CERTIFICATE OF LIABILITY INSURANCE 6/10/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Laura Martino
Uniondale-Alliant Ins Svc Inc PHONE 516 414-8606 aC N,:877-308-0170
333 Earle Ovington Blvd Ste 700 E-MAIL
Uniondale NY 11553 ADDRESS, laura.marfino@alliant.com
INSURERS AFFORDING COVERAGE NAIC
INSURERA:Berkshire Hathaway Special Speciafty Insurance Company 22276
INSURED STERCON-01 INSURER B:Executive Risk Indemnity Inc 35181
Texas Sterling Construction Company 20810 Fernbush Lane INSURER C:Federal Insurance Company Can 20281
Houston,TX 77073 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:159847258 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDTYPE OF INSURANCE INSD SUER Y EFF POLICY EXP
LTR POLICY NUMBER MM DD/YYYY D MM D LIMITS
B X COMMERCIAL GENERAL LIABILITY Y Y 54309707-01 6/1/2019 6/1/2020 EACH OCCURRENCE $2,000,000
CLAIMS-MADE OCCUR PR M SES EaENTED nce $36Q000
X Cenbychul Liab MED EXP(Any one person $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY Z PRO-- LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
C AUTOMOBILE LIABILITY Y Y 19 5430-97-05 6/1/2019 6/1/2020 COMBINED SINGLE LIMIT $2.000,000
Ea a.dent
IX ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A UMBRELLA LIAB N
OCCUR Y Y 47-XSF-303345-03 6/1/2019 611/2020 EACH OCCURRENCE $25,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $25.000,000
DED I X I RETENTION$1 n nnn $
C WORKERS COMPENSATION Y 005 4309704 03 6/1/2019 611/2020 X PTATUTE ERH
AND EMPLOYERS'LLABILrrY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re:Project#1813/Meacham International Airport;Admin Building-Suite 120,First Level
City of Fort Worth is included as additional insured with respect to liability arising out of the Named Insured's lease of the above captioned property as required
by written contract.Waiver of Subrogation applies as required by contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
Aviation Department
201 American Concourse,Suite 330 AUTHORIZED REPRESENTATIVE
Fort Worth,TX 761064.-
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ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD