HomeMy WebLinkAboutContract 35768 (2) CITY SECRETARY r!
CONTRACT NO.
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
UNIMPROVED GROUND LEASE AGREEMENT
AND ASSOCIATED MANDATORY IMPROVEMENTS
This UNIWROVED GROUND LEASE AGREEMENT ("Lease") is made and
entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Marc Ott, its
duly authorized Assistant City Manager, and APIAQ LIMITED PARTNERSHIP ("Lessee"),
acting by and through Gary Havener, President of Cidema Corporation, a Texas Corporation and
Lessee's General Partner.
RECITALS:
WHEREAS, on or about September 8, 2005, Lessor and Lessee previously entered into an
unimproved ground lease agreement with associated mandatory improvements for lease sites 50N-
53N at Fort Worth Meacham International Airport, styled as City Secretary Contract ("CSC") No.
32326 ("Previous Lease"); and
WHEREAS, due to unforeseen circumstances and other delays, Lessee has been unable to
commence construction of the proposed improvements for which provision is made in the Previous
Lease; and
WHEREAS, Lessor and Lessee have agreed to terminate the Previous Lease and enter into
a new lease agreement, all of the terms and conditions hereinafter set forth.
AGREEMENT:
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. TERMINATION OF PREVIOUS LEASE/LEASED PREMISES.
1.1. TermL-ation of the Previous Lease.
The Previous Lease, CSC No. 32326, is hereby terminated contemporaneously with
the execution of this Lease. By execution of this Lease, Lessee and Lessor hereby
releases the other from any potential liability for any and all claims for damages,
whether real or asserted, arising out of or in connection with the Previous Lease with the
exception of indemnity claims by Lessee in favor of Lessor arising under Section 8.4
and/or Section 13 of the Previous Lease prior to the termination thereof. Lessee and
Lessor further agree to forfeit any rights that either of them may have now or in the
future to bring suit against the other on the basis of any claim arising out of or in
connection with the Previous Lease, with the exception of indemnity claims by Lessee
in favor of Lessor arising under Section 8.4 and/or Section 13 of the Previous Lease
prior to the termination thereof.
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1.2 Leased Premises.
Lesso hereby demises to Lessee 242,710 square feet of unimproved ground space at
Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County,
Texas, identified as Lease Site 50N, 51N, 52N, and 53N ("Premises"), shown and more
fully described in Exhibit "A," attached hereto and hereby made a part of this Lease for all
purposes.
2. TERM OF LEASE.
2.1. Initial Term.
The Initial Term of this Lease shall commence upon the date of its execution by the
City ("Effective Date") and expire at 11:59 pm on October 1, 2037, unless terminated
earlier as provided herein.
2.2 Renewals.
If Lessee performs and abides by all provisions and conditions of this Lease, upon
expiration of the Initial Term of this Lease, Lessee shall have two (2) consecutive options to
renew this Lease for two (2) additional successive terms of five (5) years each (each a
"Renewal Term") at a rental rate calculated in accordance with Section 3.1 of this Lease
and on terms and conditions that may be prescribed by Lessor at the time. Lessee shall
notify Lessor in writing of its intent to exercise a respective option not less than ninety (90)
nor more than one hundred eighty (180) days prior to the expiration of the term then in
effect. If Lessee does not exercise its option for a first Renewal Term within the time frame
provided herein, Lessee shall automatically and simultaneously forfeit its second option to
lease the Premises for a second Renewal Term, and Lessee shall no longer have any rights
or interest in the Premises following the expiration of the Initial Term.
2.3. Holdover.
If Lessee holds over after the expiration of the Initial Term or any Renewal Term,
this action will create a month-to-month tenancy. In this event, for and during the holdover
period, Lessee agrees to pay all applicable rentals, fees and charges at the rates provided by
Lessor's Schedule of Rates and Charges or similarly published schedule in effect at the time.
3. RENT.
3.1. Rates and Adiustments.
Lessee shall commence the payment of rent, in accordance with this Section 3, on
the date that the first certificate of occupancy is issued for a hangar structure erected
pursuant to Section 4.1 of this Lease ("Occupancy Date"). On the Occupancy Date,
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Lessee shall receive rental credits for one hundred percent (100%) of the amount of rental
payments made to Lessor pursuant to the Previous Lease. From the Occupancy Date until
September 36, 2037, Lessee shall pay Lessor rent in the amount of $53,396.20 which is
based on a recital rate $0.22 per square foot on an annual basis, and which will be payable in
monthly installments of$4,449.68. On October 1, 2007, and on October 1st of each year
thereafter during both the Initial Term and any Renewal Term, Lessee's rental rate shall be
subject to increase by Lessor to reflect the upward percentage change, if any, in the
Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as announced by the
United States Department of Labor or successor agency (i), for the first increase, since the
Effective Date of this Lease and (ii)for each subsequent increase, since the effective date of
the last increase; provided, however, that Lessee's rental rates shall not (i) be increased in
any given year by more than ten percent(10%)over the rental rate paid by Lessee during the
immediately preceding twelve (12) months or (ii) 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. If the
Occupancy Date occurs on or after October 1,2007, Lessee's initial payment of rent shall be
calculated in the same manner as it would have if the Occupancy Date and Lessee's initial
payment of rent had occurred prior to October 1, 2007; however, Lessee shall not be
required to commence the payment of rent until the Occupancy Date.
3.2. Payment Dates and Late Fees.
Monthly rent payments 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 set forth in Section 15. Rent shall be considered past due if Lessor
has not received full payment after the tenth (loth) day of the month for which payment is
due. Without limiting Lessor's termination rights as provided by this Lease, Lessor will
assess a late penalty charge of ten percent (10%) per month on the entire balance of any
overdue rent that Lessee may accrue.
3.3 Five-Year Adiustments.
In addition to the rental rate adjustments set forth in Section 4.3 of this Lease, on October 1,
2007, and every five (5)years thereafter, the various rental rates payable by Lessee pursuant
to Sections 4.1 and 4.2 shall automatically be adjusted to equal the then-current rates for the
same types of property as prescribed by Lessor's Schedule of Rates and Charges or similarly
published schedule in effect at the time.
4. CONSTRUCTION AND E"PROVEMENTS.
4.1. Mandatory Improvements.
Lessee covenants and agrees that it shall improve the Premises in accordance with
the time frames,milestones, specifications and other conditions of Exhibits "B" and B-1,"
both of which are attached hereto and made a part of this Agreement for all purposes. Such
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improvements shall hereinafter be referred to as "Mandatory Improvements." Lessee
shall commence construction of such Mandatory Improvements within six (6) months
following City approval of building plans. Lessee shall fully comply with all provisions of
this Section 4 in the performance of any such Mandatory Improvements. In the event that
Lessor and Lessee agree to deviate from the terms, provisions, specifications or conditions
of Exhibit "B' in any way, a revised Exhibit "B" signed and dated by both Lessor and
Lessee shall l�e attached to and made a part of this Agreement and shall supersede the
previous Exhibit "B." Upon completion of the Mandatory Improvements or earlier
termination of this Lease, Lessor shall take full title to any Mandatory Improvements on the
Premises.
4.2. Discretionary Improvements.
In addition to the Mandatory Improvements, Lessee may, at its sole discretion,
perform modifications, renovations, improvements or other construction work on the
Premises. Any modifications, renovations, improvements or other construction work on the
Premises that do not constitute the Mandatory Improvements shall be referred to hereafter
as "Discretionary Improvements." Lessee may not initiate any Discretionary
Improvement on or to the Premises unless it first submits all plans, specifications and
estimates for the costs of the proposed work in writing and also requests and receives in
writing approval from the Director of Airport Systems or authorized representative
("Director"), which approval shall not be unreasonably withheld. Lessee covenants and
agrees that it shall fully comply with all provisions of this Section 4 in the performance of
any such Discretionary Improvements. Upon completion of any such Discretionary
Improvements or earlier termination of this Lease, Lessor shall take full title to any
Discretionary Improvements on the Premises.
4.3. Process for Approval of Plans.
Lessee's plans for construction and improvements shall conform to the Airport's
architectural standards and must also receive written approval from the City's Departments
of Development, Engineering and Transportation and Public Works. All plans,
specifications and work shall conform to all federal, state and local laws, ordinances, rules
and regulations in force at the time that the plans are presented for review.
4.4. Documents.
Lessee shall supply the Director with comprehensive sets of documentation relative
to the Mandatory Improvements and any Discretionary Improvements, including, at a
minimum, as-built drawings of each project. As-built drawings shall be new drawings or
redline changes to drawings previously provided to the Director. Lessee shall supply the
textual documentation in computer format as reasonably requested by Lessor.
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4.5. Bonds Required of Lessee.
Prior to the commencement of the Mandatory Improvements or any Discretionary
Improvements, Lessee shall deliver to Lessor a bond, executed by a corporate surety in
accordance wi}h Texas Government Code, Chapter 2253, as amended, in the full amount of
each construc{ion contract or project. The bonds shall guarantee (i) the satisfactory
completion of the respective modifications, renovations, construction projects or
improvements pursuant to this Lease, and (ii) full payments to all persons, firms,
corporations or other entities with whom Lessee has a direct relationship for the
performance of such modifications, renovations, construction projects or improvements. If
Lessee retains a general contractor for such modifications, renovations, construction
projects or improvements, Section 4.6 shall apply and this section shall not apply.
4.6. Bonds Required of Lessee's Contractors.
Prior to the commencement of any modification, renovation, improvement or new
construction, Lessee's respective contractor shall execute and deliver to Lessee surety
performance and payment bonds in accordance with the Texas Government Code, Chapter
2253, as amended, to cover the costs of all work performed under such contractor's contract
for such modifications, renovations, improvements or new construction. Lessee shall
provide Lessor with copies of such bonds prior to the commencement of such
modifications, renovations, improvements or new construction. The bonds shall guarantee
(i)the faithful performance and completion of all construction work in accordance with the
final plans and specifications as approved by the City and (ii) full payment for all wages for
labor and services and of all bills for materials, supplies and equipment used in the
performance of the construction contract. Such bonds shall name to both Lessor and Lessee
as dual obligees. If Lessee serves as its own contractor, Section 4.5 shall apply and this
section shall not apply.
4.7 Cash Deposit or Letter of Credit in Lieu of Bonds.
In lieu of the required bonds,Lessee or its contractors may provide
Lessor with a cash deposit, an assignment of a one or more certificates of deposit, or one or
more letters of credit in an amount equal to 125% of the full amount of each construction
contract or project. If Lessee makes a cash deposit, Lessee shall not be entitled to any
interest earned thereon, except as hereinafter provided. Certificates of deposit and letters of
credit shall be from a financial institution in the Dallas-Fort Worth Metropolitan Area
which is insured by the Federal Deposit Insurance Corporation and acceptable to Lessor.
The interest earned on the certificate of deposit shall be the property of Lessee or its
contractor and Lessor shall have no rights in such interest. If Lessee or any of its
contractors fails to complete the respective modifications, renovations, construction projects
or improvements, or if claims are filed by third parties on grounds relating to such
modifications, renovations, construction projects or improvements, Lessor shall be entitled
to draw down the full amount of Lessee's cash deposit, certificate of deposit, or letter of
credit.
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4.8. Releases by Lessor Upon Completion of Construction Work.
Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit
account or reduction of its claim upon Lessor's certificate of deposit upon(i), where Lessee
serves as its own contractor, verification that Lessee has completed construction work or
(ii), where Lessee uses a contractor, receipt of the contractor's invoice and verification that
the contractor has completed its work and released Lessee to the extent of Lessee's payment
for such work:, including bills paid,affidavits and waivers of liens.
5. USE OF PREMISES.
Lessee hereby agrees to use the Premises solely for aviation-related purposes only
and strictly in accordance with the terms and conditions of this Lease. Lessee shall have the
right to sublease all or a portion of the Premises, including individual hangars constructed
pursuant to the Mandatory Improvements, to various third parties ("Sublessees") under
terms and conditions acceptable to and determined by Lessee. All written agreements
executed by Lessee to Sublessees for any portion of the Premises shall contain terms and
conditions that (i) do not conflict with Lessee's duties and obligations under this Lease; (ii)
incorporate the terms and provisions of this Lease; (iii) restrict the use of the Premises to
aircraft storage or other aviation or aviation-related purposes acceptable to Lessor; and (iv)
treat users of the same or substantially similar facilities in a fair and non-discriminatory
manner. Lessee may make non-material modifications to its standard lease to the extent
that such are not contrary to Lessor's Sponsor's Assurances.
6. REPORTS,AUDITS AND RECORDKEEPING. -Deleted
7. UTILITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for the installation
and use of all utilities services to all portions of the Premises and for all other related
utilities expenses, including, but not limited to, deposits and expenses required for the
installation of meters. Lessee further covenants and agrees to pay all costs and expenses for
any extension, maintenance or repair of any and all utilities serving the Premises. In
addition, Lessee agrees that all utilities, air conditioning and heating equipment and other
electrically-operated equipment which may be used on the Premises shall fully comply with
Lessor's applicable Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"),
as they exist or may hereafter be amended.
8. MAINTENANCE AND REPAIRS.
8.1. 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
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of the Premises. Lessee, at Lessee's sole cost and expense, will make all repairs necessary
to prevent the deterioration in condition or value of the Premises and any improvements
thereon, including, but not limited to, doors, windows and roofs for such improvements, and
all fixtures, equipment, modifications and pavement on the Premises. Lessee shall be
responsible for all damages caused by Lessee, its agents, servants, employees, contractors,
subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all
such damages at Lessee's sole cost and expense.
Lessee agrees that all improvements, trade fixtures, furnishings, equipment and
other personal property of every kind or description which may at any time be on the
Premises shall be at Lessee' sole risk or at the sole risk of those claiming under Lessee.
Lessor shall not be liable for any damage to such property or loss suffered by Lessee's
business or business operations which may be caused by the bursting, overflowing or
leaking of sewer or steam pipes, from water from any source whatsoever, or from any
heating fixtures,plumbing fixtures, electric wires, noise, gas or odors, or from causes of any
other matter.
8.2. Compliance with ADA.
Lessee, at its sole cost and expense, agrees to keep and maintain the Premises in full
compliance at all times with the Americans with Disabilities Act of 1990, as amended
("ADA"). In addition, Lessee agrees that all improvements it makes at the Airport shall
comply with all ADA requirements.
8.3. InspeccgM.
8.3.1. Lessor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Premises. Except in the event of an
emergency, Lessor shall conduct such inspections during Lessee's ordinary business
hours and shall use its best efforts to provide Lessee at least two (2) hours' notice
prior to any inspection.
8.3.2. If Lessor determines during an inspection of the Premises that Lessee is
responsible under this Lease for any maintenance or repairs, Lessor shall notify
Lessee in writing. Lessee agrees to begin such maintenance or repair work
diligently within thirty (30) calendar days following receipt of such notice and to
then complete such maintenance or repair work within a reasonable time,
considering the nature of the work to be done. If Lessee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs within a reasonable time, Lessor may, in its discretion,
perform such maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement
will be due on the date of Lessee's next monthly rent payment following completion
of the maintenance or repairs.
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8.3.3. During any inspection, Lessor may perform any obligations that Lessor is
authorized or required to perform under the terms of this Lease or pursuant to its
governmental duties under federal state or local laws, rules or regulations.
8.3.4. Lessee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Premises and Lessee will comply with all requirements of the Fire
Marsh 1 or his or her authorized agents that are necessary to bring the Premises into
compl ce with the City of Fort Worth Fire Code and Building Code provisions
regard g fire safety, as such provisions exist or may hereafter be amended. Lessee
shall maintain in proper condition accessible fire extinguishers of a number and type
approved by the Fire Marshal or his or her authorized agents for the particular
hazard involved.
8.4. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and local environmental regulations or standards. Lessee agrees that it has inspected
the Premises and is fully advised of its own rights without reliance upon any representation
made by Lessor concerning the environmental condition of the Premises. LESSEE, AT
ITS SOLE COST AND EXPENSE, AGREES THAT IT SHALL BE FULLY
RESPONSIBLE FOR THE REMEDL4TION OF ANY VIOLATION OF ANY
APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL REGULATIONS
OR STANDARDS THAT IS CAUSED BY LESSEE, ITS OFFICERS, AGENTS,
SERVANTS,Er PL0FEES, CONTRACTORS,SUBCONTRACTORS OR INVITEES.
9. SIGNS .
Lessee may, at its sole expense and with the prior written approval of the Director,
which approval shall not be unreasonably withheld, install and maintain signs on the
Premises related to Lessee's business operations. Such signs, however, must be in keeping
with the size, color, location and manner of display of other signs at the Airport. Lessee
shall maintain all signs in a safe,neat, sightly and physically good condition.
10. RIGHTS AND RESERVATIONS OF LESSOR
Lessor hereby retains the following rights and reservations:
10.1.
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
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hazard to aircraft or diminish the capability of existing or future avigational or navigational
aids used at the Airport.
10.2.
Lessor reserves the right to develop and improve the Airport as it sees fit,regardless
of the desires or view of Lessee, and without interference or hindrance by or on behalf of
Lessee. Accordingly, nothing contained in this Lease shall be construed to obligate Lessor
to relocate Lessee as a result of any such Airport developments or improvements.
10.3.
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. In the event that
any such existing or future agreement directly causes a material restriction, impairment or
interference with Lessee's primary operations on the Premises ("Limitation") for a period
of less than seven (7) calendar days,this Lease shall continue in full force and effect. If the
Limitation lasts more than seven (7) calendar days, Lessee and Lessor shall negotiate in
good faith to resolve or mitigate the effect of the Limitation. If Lessee and Lessor are in
good faith unable to resolve or mitigate the effect of the Limitation, and the Limitation lasts
between seven (7) and one hundred eighty (180) days, then for such period (i) Lessee may
suspend the payment of any rent due hereunder, but only if Lessee first provides adequate
proof to Lessor that the Limitation has directly caused Lessee a material loss in revenue; (ii)
subject to ordinary wear and tear, Lessor shall maintain and preserve the Premises and its
improvements in the same condition as they existed on the date such Limitation
commenced; and (iii) the term of this Lease shall be extended, at Lessee's option, for a
period equal to the duration of such Limitation. If the Limitation lasts more than one
hundred eighty (180) days, then (i) Lessor and Lessee may, but shall not be required to, (a)
further adjust the payment of rent and other fees or charges, (b) renegotiate maintenance
responsibilities and(c) extend the term of this Lease, or(ii)Lessee may terminate this Lease
upon thirty Q0)days' written notice to Lessor.
10.4.
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. If any lease between Lessor and the United States Government executed
pursuant to this Section 10.4 directly causes a Limitation for a period of less than seven (7)
calendar days,this Lease shall continue in full force and effect. If the Limitation lasts more
than seven (7) calendar days, Lessee and Lessor shall negotiate in good faith to resolve or
mitigate the effect of the Limitation. If Lessee and Lessor are in good faith unable to
resolve or mitigate the effect of the Limitation, and the Limitation lasts between seven (7)
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and one hundred eighty (180) days, then for such period (i) Lessee may suspend the
payment of any rent due hereunder, but only if Lessee first provides adequate proof to
Lessor that the Limitation has directly caused Lessee a material loss in revenue; (ii) subject
to ordinary wear and tear, Lessor shall maintain and preserve the Premises and its
improvements in the same condition as they existed on the date such Limitation
commenced; and (iii) the term of this Lease shall be extended, at Lessee's option, for a
period equal to the duration of such Limitation. If the Limitation lasts more than one
hundred eighty (180) days, then (i) Lessor and Lessee may, but shall not be required to, (a)
further adjust the payment of rent and other fees or charges, (b) renegotiate maintenance
responsibilities and (c) extend the term of this Lease, or(ii)Lessee may terminate this Lease
upon thirty(30) days'written notice to Lessor.
10.5.
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.
10.6.
Lessee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights-of-way granted by Lessor for the installation, maintenance,
inspection, repair or removal of facilities owned or operated by electric, gas, water, sewer,
communication or other utility companies. Lessee's rights shall additionally be subject to all
rights granted by any ordinance or statute which allows utility companies to use publicly-
owned property for the provision of utility services. The City will not voluntarily grant any
future easements or rights-of-way that will materially interefere with Lessee's use of the
Premises.
11. INSURANCE.
11.1. Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified in this Section 11, naming the City of Fort Worth as an
additional insured and covering all risks related to the leasing, use, occupancy, maintenance,
existence or location of the Premises. Lessee shall obtain the following insurance coverage
at the limits specified herein:
❑ Pro e
Fire and Extended Coverage on all improvements at full replacement cost limit; and
❑ Commercial General Liability:
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$1,000,000 per occurrence,
including products and completed operations; and
❑ Automobile Liability:
$1,000,000 per accident, including, but not limited to, coverage on any automobile used
in Lessee's operations on the Premises.
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.
11.2. Adjustments 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 Sublessees' operations at the Airport. Lessee will accordingly comply with
such new requirements within thirty(30)days following notice to Lessee.
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty(30) days prior
to the expiration of any insurance policy required hereunder, it shall provide Lessor with a
new or renewal certificate of insurance. In addition, Lessee shall, at Lessor's request,
provide Lessor with evidence that it has maintained such coverage in full force and effect.
11.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance
shall be endorsed to cover all of Lessee's operations at the Airport and to provide that no
material changes in coverage, including, but not limited to, cancellation, termination, non-
renewal or amendment, shall be made without thirty (30) days' prior written notice to
Lessor.
12. 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
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omissions of is officers, agents, servants, employees, contractors, subcontractors, patrons,
licensees and 'nvitees. Lessee acknowledges that the doctrine of respondeat superior shall
not apply as etween Lessor and Lessee, its officers, agents, employees, contractors and
subcontractor . Lessee further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between Lessor and Lessee.
13. INDEMNIFI ATION.
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 ITS
USE OF OR OPERATIONS ON THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES OR ANY IMPROVEMENTS THEREON, EXCEPT TO THE EXTENT CA USED
BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
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,LEASING,MAINTENANCE, OCCUPANCY,EXISTENCE
OR LOCATION OF THE PREMISES OR ANY IMPROVEMENTS THEREON, EXCEPT TO
THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LESSOR,ITS OFFICERS AGENTS,SERVANTS OR EMPLOYEES.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURIES OR DAMAGES TO AIRPORT PROPERTY, THE PREMISES OR
ANY IMPROVEMENTS THEREON WHICH ARISE OUT OF OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF LESSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE, ANY
SUBLESSEES OR THEIR PROPERTY. LESSOR IS OBLIGATED ONLY TO PROVIDE
SECURITY ADEQUATE TO MAINTAIN LESSOR'S CERTIFICATION UNDER FAA
REGULATIONS. LESSEE SHALL COMPLY WITH ALL APPLICABLE REGULATIONS
OF THE FAA RELATING TO AIRPORT SECURITY. LESSEE SHALL PAY ALL FINES
IMPOSED BY THE FAA ON LESSOR OR LESSEE RESULTING FROM LESSEE'S OR
ANY SUBLESSEES' FAILURE TO COMPLY WITH SUCH FAA REGULATIONS OR TO
12
PREVENT UNAUTHORIZED PERSONS OR PARTIES FROM THEIR OBTAINING
ACCESS TO THE AIR OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES.
14. TERNUNAT iON.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have
the right to terminate this Lease as follows:
14.1. Failur 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.
14.2. Breach or Default by Lessee.
If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver written notice to Lessee specifying the nature of such breach or default.
Lessee shall have thirty (30) calendar days following such written notice to cure, adjust or
correct the problem to the standard existing prior to the breach. If Lessee fails to cure the
breach or default within such time period, Lessor shall have the right to terminate this Lease
immediately.
14.3. 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.
14.4. 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 14.1, 14.2 or 14.3 of this Lease,
Lessee shall be liable for and shall pay to Lessor all arrearages of rentals, fees and charges
payable hereunder and any damages suffered by Lessor as a result of Lessee's breach or
default. In no event shall a reentry onto or reletting of the Premises by Lessor be construed
as an election by Lessor to forfeit any of its rights under this Lease.
14.5. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease, title to all improvements on the
Premises, including the Mandatory Improvements and any Discretionary Improvements,
and all fixtures and other items attached to any structure on the Premises shall pass to
Lessor. In addition, all rights, powers and privileges granted to Lessee hereunder shall
13
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 thi 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.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents,
employees, servants or representatives, or (ii) deposited in the United States Mail, postage
prepaid, addressed as follows:
To LESSOR:
For Rent: For All Other Matters:
City of Fort Worth Aviation Department
Aviation Department Meacham International Airport
Leasing Division 4201 North Main Street, Suite 200
4201 North Main Street, Suite 200 Fort Worth, Texas 76106-2749
Fort Worth,Texas 76106-2749
To LESSEE:
APIAQ Limited Partnership
Attn: Gary Havener
P.O. Box 121969
Fort Worth, Texas 76121-1969
16. ASSIGNMENT AND SUBLETTING.
16.1. In General.
Lessee shall have the right to sublease portions of the Premises as provided
by and in accordance with Section 5 of this Lease. Otherwise, Lessee shall not assign, sell,
convey, sublease or transfer the entirety of its rights, privileges, duties or interests granted
by this Lease without the advance written consent of Lessor, which consent shall not be
unreasonably withheld.
16.2. Conditions of Approved Assignments and Subleases.
14
i
If Lessor consents to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such assignee
or sublessees all be bound by the terms and conditions of this Lease the same as if it had
originally ex uted this Lease. The failure or refusal of Lessor to approve a requested
assignment or sublease shall not relieve Lessee of its obligations hereunder, including
payment of rei itals,fees and charges.
17. 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 upon thirty (30) days' written notice.
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.
18. 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.
19. 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 Lessor; all rules and regulations established by the Director; and all rules
and regulations adopted by the City Council pertaining to the conduct required at airports
owned and operated by the City, including the Minimum Standards for Fixed Base
Operators and Other Airport Tenants, a public document dated June 16, 1992, on file in
Lessor's City Secretary's Office and incorporated herein as part of this Lease for all
purposes, 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,
15
subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or
regulations, .Lessee shall immediately desist from and correct the violation.
20. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as
part of the consideration herein, agrees as a covenant running with the land that no person
shall be excluded from participation in or denied the benefits of Lessee's use of the Premises
on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or
familial status. Lessee further agrees for itself, its personal representatives, successors in
interest and assigns that no person shall be excluded from the provision of any services on
or in the construction of any improvements or alterations to the Premises on grounds of
race, color,national origin,religion,handicap, sex, sexual orientation or familial status.
Lessee agrees to furnish its accommodations and to price its goods and services on a
fair and equal basis to all persons. In addition,Lessee covenants and agrees that it will at all
times comply with any requirements imposed by or pursuant to Title 49 of the Code of
Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
21. LICENSES AND PERNIITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its operations at the Airport.
22. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, Lessor does not waive or
surrender any of its governmental powers.
23. 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.
16
24. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of t ais Lease or of Lessee's operations on the Premises, venue for such action
shall lie in st e courts located in Tarrant County, Texas or the United States District Court
for the Northt rn District of Texas, Fort Worth Division. This Lease shall be construed in
accordance w'h the laws of the.State of Texas.
25. ATTORNEY ' 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.
26. 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.
27. 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, transportation problems and/or any other cause beyond the reasonable
control of Lessor or Lessee.
28. 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.
29. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or 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
17
not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
30. ACCESS LICENSE.
Lessor, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants to Lessee, its successors and permitted subtenants and
assigns, for the Initial Term and each Renewal Term of the Lease, which shall be
irrevocable during such terms, a nonexclusive license of use over, on, and across the portion
of the Access Drive, as shown on Exhibit "A," (hereinafter referred to as the "Access
Area")that is not situated on the Premises or any other leased premises at the Airport for the
purpose of providing free and uninterrupted pedestrian and vehicular ingress to and egress
from the Premises to and from the old North Main Street right-of-way. All improvements
and maintenance of the Access Area will be at the sole expense of Lessee.
[Signature Pages Follow]
18
IN TNESS �OF, yarties hereto have executed this Lease in multiples, this
day of , 2007.
LESSOR:
CITY OF F07 TH:
By:
Marc A. Ott
Assistant City Manager
Date: q , 4 SOD
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 A. 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this to ay of , 007.
111111//,
;i'•"^(r � HEITIE LANE
MY COMMISSION EXPIRES
July 26,2oi i Notaroi&lic in and for the State of Texas
APPROVED AS TO FORM AND LEGALITY: ATTEST:
"yr: By:
Maleshia .-Farmer Marty Hendi' c
Assistant City Attorney City Secretary
Contract Authorization:
M&C: C- . �3"�V
Date Approved:
: -7
19
r,
LESSEE:
APIAQ LIMITED PARTNERSHIP
a Texas Limited Partnership
By: r L
Gary Havener, mident of Cidema
Corporation, General Partner
Date:
ATTEST:
By:
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 Gary Havener, 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
APIAQ Limited Partnership, and that he executed the same as the act of APIAQ Limited
Partnership, for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDEF.MY HAND AND SEAL OF OFFICE this stay off,2007.
LEAH N. JD(mm
Notary Pudic,stat Notary P lic in and for State of Texas
►y Commission SEPT. 25,
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EXHIBIT
5.58 Acres.(243M sq.it More or In*)
METES AND SOUNDS DESCRIPTION
safnp 3,58 acres W3000 square/set,Mora or tees)of tend,and b*qa portion of Lot A i.Block 1,of ifro_FkW Plat of
La1s A-1,A 2.8-1,and C=1.Blodri and:elodw,2.8,and 4,.MSachariAirpom.sh awdtltl'n.Eo gre'drty of:Fort Worts, .
T2(rarit Canty,T and b8"recorded In PFat(`,AtilnstA,Han40(2495 2a47,of the PIM Records bf Tarrant COlmty.
Tome,Bald 6.58 aces(243000 aq.ft.more or)ess)being more par5culady described by Was and hounds as follows:
BEGINNING at a found 80 D not at five most easledy northaast comer of the herein described trectof land;
THENCE G 07107'47"E,a distance of 247.97 feet to an bon rod With a cap found:
THENCE N.61.1?*Sr fw a distonoa of 41.16 feat to an Iran rod with it cap bind;
THEW In a;ebttttteadterfy c"dton along a.t urys,td ft Iett havtng a radlus of287.99 feat a delta angle of 57"4$=''
an Arckngoi a4 O cd(chord b6eft=a 47'svia'E:znm feet).ta a:W O rdL
THW1CIE.9;13'1114T W,a diem ce of=g(eeltoart iron rod with a cap found;
Tft>t7C�';9t)t°18'01"V4f..�d Qietar>ca ot219.02ioet to b polnk
'. TNG1tCE N;41'25'Oi�":1N,a�stanceot9b.94te�faa point:
TRVNcG.S tt8'34 tom'W,a ftWnca Of 300mbd ton point
TifENCE:3 01125 t:.a dstso*of 80.00 fink to a pobtt;
THENCE 5 W34W W,a dlatame of 4.00 toot to a point;
THENGE'3Af'25W1 and of BIJ9feeffoapoint
".mlKE S.B1'1r I.A. tl Calm Hof ienr taetto a 1/2-Iron.rot
TNENCE N.OA 4547'w"a dition a of 265:85 feet-to a found off iron t id.
T}iEtIiCE:N't 'fb'07'W,adistadhtsa:of2t)ti85feett4afuxshd 31�iron rod:
T'NENCF N 8'f'2k1`2D'E,a dlstenoo`of 126.2f'feetto a tdund 80 0 nab
TWWX-S G4*4n9'.F,a distance at.3&33 teat tea tound g0 t)nag;
THENCEN89'4.1W ad1st81ae.6f26:1SfWtVa'60Onall;
'tNENG'E'N 84„05•d2�'E;:B dfebtice�294:341�is ehe P[:iICF t1F BEt`q�RtlNtiand�iitiaintng 5.38-acres{TA3lkltlsq:
it mover er-leas)`of land.
I
EXHIBIT A
i
EXEIIBIT B
MANDATORY Il"ROVEMENTS
Approximately 71,000 Square Feet of Aircraft Storage Facilities and Offices
❑ All mandatory improvements must be completed in accordance with Section 4.1 of the
Agreement and the proposed site plan and completed survey set forth in Exhibit A attached
hereto.
❑ Lessee shall submit a proposed site plan for the Premises to the FAA within thirty (30)
calendar days after the Effective Date of this lease, and shall apply for all required building
permits through the City of Fort Worth Development Department and all other approvals
from FAA and any other necessary entities required by the lease not later than sixty (60)
calendar days following the date on which the FAA approves Lessee's proposed site plan
for the Premises. Lessee shall commence construction of such Mandatory Improvements
within six (6) months following City approval of building plans. Since each hangar or
building is subject to individual approval by the FAA and City,the schedule of submissions
and construction need not be simultaneous but must still fall within aforementioned
guidelines.
❑ After Lessee submits the final site plan to the City of Fort Worth Development Department
and obtains all other approvals from necessary entities required by the lease, Lessee shall
not make any changes, alterations, additions or modifications to the final site plan, unless
such changes are specifically required in writing by the City or other necessary entity.
In the event that the site plan must be altered to satisfy FAA approval or to meet City
Building or Fire Codes, Lessee may reorient the 11,880 Sq. Ft. hangar and the building
containing two 11,880 Sq. Ft. hangars or may reduce the building containing two 11,880
Sq. Ft. hangars to only one 11,880 Sq. Ft. or larger hangar.
22
Exhibit B-1
TEms JET
August 3, 2007
Ms.Angie Highland,Assistant Director
CFW Aviation Department
4201 N. Main St.
Fort Worth TX 76106
Dear Ms. Highland:
Texas Jet, Inc. agrees to reimburse A.PIAQ for the cost of constructing a two hour
firewall along the east wall of their proposed hangar located to the west of Texas
Jet Partner's proposed new hangars. The cost to be reimbursed will be the lower of
the actual cost incurred by APIAQ or the bid submitted by Texas Jet's drywall
subcontractor. Wall construction will be Firecode sheetrock/shaft liner and metal
studs.
i
r}
Reed Pigman, Jr.,President
Texas Jet, Inc.
Inc
�( ,he /LO u.,2GC Yb
-MeLrc
c9
200 Texas Way- Fort Worth,Texas 76106-2782
(8171 624-8438 • 18001 776-4547 • FAX (817) 624-1320
i Fort Worth's Finest Executive Terminal - Meacham International Airport
City of Fort Worth, Texas
Mayor, and Council Communication
COUNCIL ACTION: Approved on 8/21/2007
DATE: Tuesday, August 21, 2007
LOG NAME: 55APIAQ! DEV 2 REFERENCE NO.: **C-22326
SUBJECT:
Authorize Termination of City Secretary Contract No. 32326 with APIAQ, Limited Partnership, for
Unimproved Ground Lease Site 50N, 51 N, 52N and 53N at Fort Worth Meacham International
Airport and Execute New Unimproved Ground Lease Agreement with Mandatory Improvements with
APIAQ, Limited Partnership, at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Terminate City Secretary Contract (CSC) No. 32326, an Unimproved Ground Lease Agreement with
Mandatory Improvements for lease site 50N, 51 N, 52N and 53N, with APIAQ, Limited Partnership, at Fort
Worth Meacham International Airport; and
2. Execute a new Unimproved Ground Lease Agreement with Mandatory Improvements with APIAQ,
Limited Partnership, at Fort Worth Meacham International Airport.
DISCUSSION:
On May 24, 2005, (M&C C-20759) the City Council authorized the execution of an unimproved ground
lease agreement with mandatory improvements with APIAQ, Limited Partnership (APIAQ), for 277,000
square feet of land for the development of aircraft storage facilities on lease site 50N, 51 N, 52N and 53N
("original lease site"). This development was to be a multi-phased project.
Staff recommends that CSC No. 32326 be terminated and the City enter into a new agreement with APIAQ.
APIAQ will release approximately 34,083 square feet of unimproved ground from the original lease site.
Under the proposed new agreement, APIAQ will lease approximately 242,917 square feet of unimproved
ground identified as Lease Site Hangars 50N, 51 N, 52N and 53N and construct four aircraft hangar facilities
totaling approximately 71,400 square feet of hangar space.
Article I, Section 2-9(d) of the Fort Worth City Code requires City Council approval prior to execution or
acceptance by the City Manager of any contract or other legal instrument for the sale, lease or purchase of
real property. A new site plan has been provided by APIAQ to show the new proposed layout of the
development. The new site plan will replace the previous site plan for CSC No. 32326. The actual square
footage of the lease site will be contingent on a ground survey and subject to FAA review and approval.
The initial square footage rate of the ground lease will be $.22 per square foot. Based on the square
footage of the proposed development, this lease will generate estimated revenue of$53,441.74 per year, or
$4,453.47 per month. Payment of rent for the lease site will commence upon the first issuance of a
Certificate of Occupancy for the proposed improvements set forth above.
The lease will provide for a thirty-year term with two five-year options to renew. The initial term of the lease
Logname: 55APIAQ DEV 2 Page 1 of 2
will commence upon the date of execution. Rental rates shall be as described in the Schedule of Rates and
Charges in effect at that time and shall be subject to an increase on October 1 st of any given year to reflect
the upward percentage change, if any, in the Consumer Price Index for the period since the last adjustment.
All agreement terms will be in accordance with established City and Aviation Department policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the
collection and deposit of fL nds due to the City under this Agreement.
TO Fund/Accoun enters FROM Fund/Account/Centers
PE40 491352 0551101 $53,441.74
Submitted for City Manager's Office by: Marc Ott(8476)
Originating Department Head: Angie Highland (Acting) (5402)
Additional Information Contact: Angie Highland (5402)
Logname: 55APIAQ DEV 2 Page 2 of 2