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HomeMy WebLinkAboutContract 40981 (2)CITY SECRETARY CONTRACT NO. 4 cA2 FORT WORTH MEACHAM INTERNATIONAL AIRPORT HANGAR AND GROUND LEASE AGREEMENT LEASE SITE 45S 3800 LINCOLN AVENUE This HANGAR AND 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 Fernando Costa, its duly authorized Assistant City Manager, and RICHARDSON AVIATION ("Lessee"), acting by and through Thomas W. White, its duly authorized Vice President. RECITALS: WHEREAS, on or about June 1, 1980, The Western Company of North America ("Previous Lessee") entered into City Secretary Contract ("CSC") No. 11142, as amended and assigned by CSC Nos. 15114, a Fixed Base Operator Lease Agreement with mandatory improvements for Lease Site 45S, consisting of approximately 260,569 square feet of unimproved ground, on which a 32,800 square foot hangar and a 66,800 square foot aircraft parking ramp were constructed (collectively the "Previous Lease"); and WHEREAS, the Previous Lease contained a thirty (30) year lease term ending May 31, 2010 and such lease has been extended on a month -to -month basis through September 30, 2010; and WHEREAS, Lessee has requested, and Lessor has agreed, to execute a new hangar and ground lease agreement. AGREEMENT: In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. PROPERTY LEASED. Lessor hereby demises to Lessee 260,569 square feet of ground space ("Ground"), including a 32,800 square foot hangar ("Hangar") and 66,800 square foot aircraft parking ramp constructed at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as Lease Site 45S, also known as 3800 Lincoln Avenue, ("Premises"), as shown in Exhibit "A", attached hereto and hereby made a part of this Lease for all purposes. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 1 of 20 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10 20---1 0 P02 : 36 I N 2. TERM OF LEASE. 2.1. Initial Term. The initial term of this Lease ("Initial Term") shall commence at 12:00 a.m. on October 1, 2010 ("Effective Date"), and expire at 11:59 p.m. on September 30, 2020, 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 three (3) options to renew at ten (10) years each (each a "Renewal Term") In order to exercise an option to renew, Lessee shall notify Lessor in writing of its desire to renew this Lease no less than ninety (90) days and no more than one hundred eighty (180) days prior to the expiration of the term then in effect. 2.3. Holdover. If Lessee holds over after the expiration of the Initial 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 Adjustments. 3.1.1. Hangar Rate Lessee shall commence the payment of rent for the Hangar on the Effective Date. From the Effective Date until September 30, 2015, Lessee hereby promises and agrees to pay Lessor, as annual rent for the Hangar, One Hundred Thirty Two Thousand One Hundred and Eighty Four Dollars ($132,184.00), at a rate of Four Dollars and Three Cents ($4.03) per square foot, payable in equal monthly installments of Eleven Thousand Fifteen Dollars and Thirty Three Cents ($11 015.33) 3.1.2. Ground Rate Lessee shall commence the payment of rent for the Ground on the Effective Date. From the Effective Date until September 30, 2015, Lessee hereby promises and agrees to pay Lessor, as annual lent for the Ground, Seventy Thousand Three Hundred and Fifty Three Dollars and Sixty Three Cents ($70,353.63), at a rate of Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 2 of 20 Twenty Seven Cents ($0.27) per square foot of land, payable in equal monthly installments of Five Thousand Eight Hundred and Sixty Two Dollars and Eighty Cents ($5,862.80). The rental rates under this Lease are based on Lessor's current published Schedule of Rates and Charges. Rental rates are subject to increase beginning October 1, 2015, and on October 1st of any subsequent year during the Initial Term or any Renewal Term, to reflect any upward 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 exceed the then -current rates prescribed by Lessor's published Schedule of Rates and Charges for the type or types of property similar to the type or types of property that comprise the Premises. 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 business hours by the due date at the location for Lessor's Aviation Department set forth in Section 15. Rent shall be considered past due if Lessor has not received full payment after the tenth (10th) 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. Rent Credits Notwithstanding anything to the contrary herein, Lessee shall have the right to offset against rent payable on the Hangar only, a number of dollars equal to $82,663.81 expended by Lessee for capital improvements made to the Leased Premises, as shown in Exhibit 'B", attached hereto and hereby made a part of this Lease for all purposes. This amount is to be amortized over the first five years of the Initial Term of the Lease in the monthly amount of One Thousand Three Hundred Seventy Seven Dollars and Seventy Three Cents ($1,377.73). Lessee shall not be entitled to receive a rent credit for any additional capital improvements made prior to the Effective Date other than those specifically identified in Exhibit "B . In addition, following at least forty-eight (48) hours' advance notice to Lessee, Lessor shall have the right, at any time during normal business hours, to review and audit all available financial and business records of Lessee that relate to capital improvements including, but not limited to, construction documents, invoices and purchase receipts Lessee shall make all such records available to Lessor in the Leased Premises and will otherwise fully cooperate with Lessor in undertaking such review or audit. Upon the expiration of the term then in effect or prior to termination of this Lease, Lessor shall have no obligation to reimburse Lessee for any expense incurred or expended by Lessee for any modification, construction or improvement at the Airport, including, but not limited to, any Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 3 of 20 expenditures for capital improvements that Lessee has not yet recouped through the rent credits provided under this Section 3.3. 4. CONSTRUCTION AND IMPROVEMENTS. 4.1. Discretionary Improvements. Lessee may, at its sole discretion, perform structural modifications, renovations, improvements or other structural construction work on the Premises ("Discretionary Improvements"). Lessee may not initiate any Discretionary Improvements 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 Airport Systems Director or authorized representative ("Director") Lessor agrees to respond in writing to Lessee's request for approval within 30 calendar days of receipt of such request Lessee covenants and agrees that it shall fully comply with all provisions of this Section 4 in the performance of any such Discretionary Impiovements. 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. 4.2. Process for Approval of Plans. Lessee's plans for construction and improvements shall conform to the Airport's architectural standards and must also receive written approval from the City's Departments of Planning and Development 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. 4.3. Documents. Lessee shall supply the Director with comprehensive sets of documentation relative to 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 requested by Lessor. 4.4 Bonds Required of Lessee. Prior to the commencement of any Discretionary Improvements, Lessee shall deliver to Lessor a bond, executed by a corporate surety in accordance with Texas Government Code, Chapter 2253, as amended, in the full amount of each construction contract or project. The bonds shall guarantee (i) satisfactory compliance by Lessee with all requirements, terms and conditions of this Lease, including, but not limited to the satisfactory completion of the respective Discretionary Improvements, and (ii) full payments Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 4 of 20 to all persons, firms, corporations or other entities with whom Lessee has a direct relationship for the performance of such Discretionary Improvements. In lieu of the required bond, Lessee may provide Lessor with a cash deposit or an assignment of a certificate of deposit in an amount equal to 125% of the full amount of each construction contract or project. If Lessee makes a cash deposit, Lessee shall not be entitled to any interest earned thereon. Certificates of deposit shall be from a financial institution in the Dallas -Fort Worth Metropolitan Area which is insured by the Federal Deposit Insurance Corporation and acceptable to Lessor. The interest earned on the certificate of deposit shall be the property of Lessee and Lessor shall have no rights in such interest If Lessee fails to complete the respective Discretionary Improvements, or if claims are filed by third parties on grounds relating to such Discretionary Improvements, Lessor shall be entitled to draw down the full amount of Lessee's cash deposit or certificate of deposit. 4.5. Bonds Required of Lessee's Contractors. Prior to the commencement of any Discretionary Improvements, 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 Discretionary Improvements. Lessee shall provide Lessor with copies of such bonds prior to the commencement of such Discretionary Improvements. 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 both Lessor and Lessee as dual obligees If Lessee serves as its own contractor, Section 4.5 shall apply. 4.6. Releases by Lessor Upon Completion of Construction Work. Lessor will allow Lessee a dollar -for -dollar reimbursement from its cash deposit account or reduction of its claim upon 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 portions of the Premises, including individual hangars, to various third parties ('Sublessees") for aviation -related purposes only under terms and conditions acceptable to and determined by Lessee, provided that all such arrangements shall be in writing and approved in advance by Lessor. All written agreements executed by Lessee to Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 5 of 20 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 shall use a standard lease form for all Sublessees and shall submit a copy of such standard lease form, including rental rates, to the Director prior to Lessee's execution of its first lease and from time to time thereafter following any material changes to such lease form, including, without limitation, any changes to Lessee's rental rates for portions of the Premises 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. Lessor reserves the right to require Lessee to provide Lessor with a written annual report, in a form acceptable to the Director that reflects Lessee's rental rates for the immediately preceding calendar year If required, such written annual report shall be provided to Lessor within thirty (30) days following the end of the preceding calendar year. Lessor may request, and Lessee shall promptly provide, similar reports on a more frequent basis that reflect Lessee's rental rates for the period requested by Lessor. These reports shall be delivered to Lessor's Department of Aviation at the address provided in Section 15. In addition, Lessee shall keep and maintain books and records pertaining to Lessee's operations at the Airport and other obligations hereunder in accordance with Lessee's current basis of accounting or, if Lessee changes such basis, in a manner satisfactory to Lessor's Internal Auditor and at a location within the City of Fort Worth Lessee's basis of accounting will be deemed to be to the satisfaction of Lessor's Internal Auditor if it is in compliance with industry standards or generally accepted accounting principles (GAAP) Upon Lessor's request and following reasonable advance notice, Lessee will make such books and records available for review by Lessor during Lessee's normal business hours Lessor at Lessor's sole cost and expense, shall have the right to audit such books and records in order to ensure compliance with the terms of this Lease and the Sponsor's Assurances made by Lessor to the Federal Aviation Administration 7. UTILITIES. Lessee, at Lessee's sole cost and expense, shall be responsible for the installation and use of all utility services to all portions of the Premises and for all other related utility 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 Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"), as they exist or may hereafter be amended. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 6 of 20 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, reasonable wear and tear excepted Lessee covenants and agrees that it will not make or suffer any waste of the Premises. Lessee, at Lessee's sole cost and expense, will make all repairs or replacements 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's 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. Inspections. 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 four (4) 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, Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 7 of 20 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. 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 Marshal or his or her authorized agents that are necessary 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 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, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES. 9. SIGNS. Lessee may, at its sole expense and with the prior written approval of the Director, install and maintain signs on the exterior of 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 such signs in a safe, neat, sightly and physically good condition. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 8 of 20 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 hazard to aircraft or diminish the capability of existing or future navigational 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 (30) 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 Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 9 of 20 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) 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) ienegotiate maintenance responsibilities and (c) extend the term of this Lease, or (ii) Lessee may teiminate 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 pi ivileges 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. 10.7. Lessor agrees Lessee shall have the right of ingress and egress to and from the Premises by means of roadways for automobiles and taxiways for aircraft including access during the construction phase of airport improvements, unless otherwise agreed to in writing by both parties. Such rights shall be consistent with the rules and regulations with respect to the occupancy and use of airport premises as adopted from time to time by the City of Fort Worth and by the Federal Aviation Administration or any other state, federal or local authority. 11. INSURANCE. 11.1. Types of Coverage and Limits. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 10 of 20 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: • Property: Fire and Extended Coverage on all improvements at full replacement cost limit; and • Commercial General Liability: $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 Piemises 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. The policy or policies of insurance shall be endorsed to cover all of Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 11 of 20 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 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. 13. INDEMNIFICATION. LESSEE HEREBY ASSUMES ALL LLABILITYAND 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 THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. LESSEE COVENANTS AND AGREES TO, AND DOES TO THE EXTENT ALLOWED BY LAW, WITHOUT WAIVING ANY DEFENSES PROVIDED BYLAW, 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 LESSEE'S USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE USE, LEASING, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, 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 LESSOR'S PROPERTY WHICH ARISE OUT OF OR IN CONNECTION WITHANYAND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 12 of 20 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 PREVENT UNAUTHORIZED PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES. 14. TERMINATION. In addition to termination rights contained elsewhere in this Lease, Lessor shall have the right to terminate this Lease as follows: 14.1. Failure by Lessee to Pay Rent, Fees or Other Charges. If Lessee's payment of any rents, fees or other charges become past 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 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, m which event Lessee shall have such additional time to effect a cure, as determined by the Lessor. 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, unless such non-use is caused by Force Majeure, as set forth in Paragraph 27, below Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 13 of 20 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 rent due Lessor for the remainder 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 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 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 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. 15. NOTICES. Notices required pursuant to the provisions of this Lease shall be conclusively determined to have been delivered (i) when hand -delivered to the other party at such addresses listed below, or at such other address as the receiving party designates by proper notice to the sending party, or (ii) three days after it has been deposited in the United States Mail, postage prepaid addressed as follows: To LESSOR: City of Fort Worth Aviation Department Meacham International Airport 4201 North Main Street, Ste 200 Fort Worth, Texas 76106-2749 Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 14 of 20 To LESSEE: Directly: Director of Aviation Richardson Aviation 3800 Lincoln Avenue Hangar 45S Fort Worth, Texas 76106 16. ASSIGNMENT AND SUBLETTING. 16.1. In General. With a Copy to: Thomas W. White Richardson Aviation 201 Main Street, Suite 2600 Fort Worth, Texas 76102 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. 16.2. Conditions of Approved Assignments and Subleases. If Lessor consents to any assignment or sublease, all terms, covenants and agreements set forth in this Lease shall apply to the assignee or sublessee, and such assignee or sublessee shall be bound by the terms and conditions of this Lease the same as if it had originally executed this Lease. The failure or refusal of Lessor to approve a requested assignment or sublease shall not relieve Lessee of its obligations hereunder, including payment of rentals, fees and 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. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 15 of 20 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 Lessoi's City Secretary's Office and incorporated herein as part of this Lease for all purposes, as such laws, ordinances, rules and regulations exist ol_ may hereafter be amended or adopted If Lessor notifies Lessee in accordance with paragraph 15 above 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, 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 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 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 PERMITS. 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. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 16 of 20 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. 24. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Lease or of Lessee's operations on the Premises, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This Lease shall be construed in accordance with the laws of the State of Texas. 25. 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. 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 o1 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. Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 17 of 20 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 Lessoi 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 teims and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of Lessor. [Signature Pages Immediately Follow] Richardson Aviation Hangar 45S Hangar and Ground Lease Agieement Fort Worth Meacham Airport Page 18 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the c9i)..,a� day of � ��1.Zo , , , 2010. CITY OF FORT WORTH: By: c2-4.4-sen‘ &L. Fernando Costa Assistant City Manager Date: /604:40 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 Fernando Costa, 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 /9" day re- , 2010. EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 • APPROVED AS TO FORM AND LEGALITY: By: Charlene Sanders Assistant City Attorney M&C: C-z�szsr Approved: _ CO / I Z ft 0 Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 19 of 20 Notary Public in and for the State of Texas ATTEST: By: Marty Hendrix A7 0 City Secretary / a ° fjl„o0. oo % V it ztvirsttoaser OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LESSEE: RICHARDSON AVIATION By: SRCG Aviation, Inc., its Managing General Partner By: .� Thomas W. White Duly Authorized Vice President Date: qse30eiiij0 STATE OF 'TEXAS COUNTY OFF ATTEST: By: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Thomas W. White, 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 Richardson Aviation and that s/he executed the same as the act of Richardson Aviation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -g dqme day , 2010. BREN A E. NORMAN NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. O8-'IO• 3Q12 Richardson Aviation Hangar 45S Hangar and Ground Lease Agreement Fort Worth Meacham Airport Page 20 of 20 titte•s_ac e se- punAavi_s• Notary Public in and for the S ate of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH T.,. �r i' t. • • • CARTER Es BURGESS, INC. ENGINEERS • PLANNERS 110( MACON STRCLI. (ORi WOR]II, 1I.XAS 7n102 (B 7) 33S 261I LEASE AREA DESCRIPTION FOR WESTERN COMPANY HANGAR AT MEACHAM FIELD FORT WORTH, TEXAS A parcel of land in the southwest portion of Meacham Field, Tarrant County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of the Transmitter Building lease to the Federal Aviation Administration; THENCE N 0°00'33" E. a distance of 47.24 feet to a point for corner; THENCE N 89°59'27" E a distance of 64.64 feet to a point for corner; THENCE N 11°02'22" W a distance of 255.00 feet to a point for corner; • THENCE N 78°57'38" E a distance of 345.00 feet to a point for corner; THENCE S 11°02'22" E a distance of 90.00 feet to a point for corner; THENCE N 78°57'38" E a distance of 85.00 feet to a point for corner; THENCE S 11°02'22" E a distance of 560.00 feet to a point for corner; THENCE S 78°57'38" W a distance of 385.00 feet to a point for corner; THENCE N 11°02'22" W a distance of 210.75 feet to a point for corner; THENCE S 89°59'27" W a distance of 19.06 feet to a point, said point being the southeast corner of the aforesaid Transmitter Building lease; • 1t 11 �8004601 5/22/80 Page 1 of 2 Lei )Areas Description Wes...:rn Company Hangar THENCE N 0°00'33" W along the east line of the aforesaid Transmitter Building lease a distance of 125.00 feet to a point for cornett -said point also being the northeast corner of the aforesaid Transmitter Building lease; THENCE S 89°59'27" W along the north line of said Transmitter Building lease a distance of 125.00 feet to the POINT OF BEGINNING and containing 260,569 square feet of land, more or less. • J 251H No009601 5/22/80 Page 2 of 2 Date Exhibit "B" Richardson Aviation - Capital Expenditures Company Repair Work Value roue± Mar-93 Stoval Bros. Construction Company Security Post office construction $ 34,442.00 Total 1993: $ ; 34,442.00 Dec-05 Combustion Associates, Inc. Fall Protection System $ 1,200 00 $.27 Scott Dennett Construction Training Room Construction $ 22,137 21 r Combustion Associates Inc. Fall Protection System $ 12,000 00 Welding Combustion Associates Inc. Fall Protection System $ 10,800 00 $.gin City Center Development Co. LP Building Renovations $ 70,194 32 Total2005: $ -' 116,33153 Jan-06 Scott Dennett Construction Utility Tech Room Construction $ 14,630 45 $ 7,315 Scott Dennett Construction Utility Tech Room Construction $ 4,085 30 Scott Dennett Construction Remodel Restrooms $ 3,483 49 Patco Lamp Ramp Lighting $ 6,911 76 $' 3,4558$rt Mar-06 Welding & Erection Carport construction (first partial payment) $ 6,789 20 Redford Corporation Repaint Hangar Floor $ 28,131 47 Apr-06 Welding & Erection New Rollers at top of hangar doors $ 2,484 34 $ Welding & Erection Replace Hangar Door panels and paint $ 4,819 29�� Welding & Erection Repair Concrete on E side of hangar $ 2,604 76 $ ,r Welding & Erection Carport construction (second partial payment) $ 6,725 35 $ 3�3528r, Quality Concrete Concrete Parking Lot $ 36,400 00 18,200 Jun-06 Welding & Erection Carport construction (third partial payment) $ 18,409 00 Scott Dennett Construction Repair Rubber Cord on Hangar Doors $ 1,209 03 Welding & Erection Carport construction (fourth and final payment) $ 10,251 11 5,12�56 Scott Dennett Construction Paint Covered Parking $ 6,894 54 $fir Oct-06 Scott Dennett Construction Paint Office Space $ 2,926 90 $ Nov-06 Vector Concepts Inc New carpet for main/front office space $ 24,579 63 $,,�,` Total 2006: $ ' 181,335 62 „3,842.85 May-07 Scott Dennett Construction Fabric Storage Room $ 57,641 92 $ 28,80 96 ; Nov-07 Seal-Tek Solutions Metal Roof and Wall Waterproofing $ 755.56 $ Jan-08 D&L Construction Total 2007: Add (6) downlights w/ dimmer and 3-way switch for 2x4 fixtures Total'2008: 58,397.48 $ 1,184.92 $ 1,184.92 Dec-09 D&L Construction Hangar Paint (South Side) $ 13,092 40 $ D&L Construction Paint East Work Areas & Wash Bay $ 25,129 59 D&L Construction Hangar Paint (East Side) $ 14,898 66 $ D&L Construction j Hangar Paint (West Side) $ 15,573 29 ,$ Total 2009: $ 68,693 94 $, n GRAND TOTAL REQUESTED $ 460/385.49 " TOTAL APPROVED Monthly Rent Credit (Five YearAmmortization) $ 1,377.73 Page 1 of 2 City of Fort Worth, Texas Mayor and ouncil ommunication COUNCIL ACTION: Approved on 10/12/2010 DATE: Tuesday, October 12, 2010 LOG NAME: 55FTW RICHARDSON AVIATION SUBJECT Authorize the Execution of a New Ten Year Lease Agreement with Three Options to Renew at Ten Years Each with Richardson Aviation for Hangar 45S at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) REFERENCE NO.: **C 24528 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a new ten year lease agreement with three options to renew at ten years each with Richardson Aviation for Hangar 45S at Fort Worth. Meacham International Airport. DISCUSSION: On May 20, 1980, (M&C C-5102) a 30 year unimproved ground lease known as City Secretary Contract (CSC) No 11142 was entered into with The Western Company for Lease Site 45S at Fort Worth Meacham International Airport. On July 14, 1986, CSC No. 11142 was amended and assigned to Richardson Aviation by CSC No. 15115. The unimproved ground lease consisted of 260,569 square feet of land on which a 32,800 square foot hangar was constructed. On November 10, 2009, City staff received a request from Mr. Thomas W. White, Vice -President of Richardson Aviation, to give notice of their intent to execute a new lease, as the current 30 year lease expired May 31, 2010. The lease continued on a month -to -month tenancy during lease negotiations. In accordance with the current Schedule of Rates and Charges, this lease site of 260,569 square feet of land at $0.27 per square foot will generate revenue of $70,353.63 annually or $5,862.80 monthly. The 32,800 square feet of improvements at the negotiated rate of $4.03 per square foot will generate revenue of $132,184.00 annually or $11,015.33 monthly. Total revenue will be $202,537.63 annually and $16,878.13 monthly. The lease will provide for a 10 year term with three options to renew at 10 years each. The initial term of the lease will commence October 1, 2010, and expire September 30, 2020. During the initial 10 year term, rental rates shall be subject to an increase every five years to reflect the upward percentage change, if any, in the Consumer Price Index for the period since the last adjustment. Rental rates for each succeeding year after the initial term shall be subject to an increase on October 1st of any given year to reflect the upward percentage change if any, in the Consumer Price Index for the period since the last adjustment. All agreement terms will be in accordance with City and Aviation Department policies. The property is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Aviation Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS http ://app s. cfwnet org/ecouncil/printmc.asp?id=13443&print=true&DocType=Print 10/13/2010 Page 2 of 2 Tt) Fund/Account/Centers PE40 491052 0551101 PE40 491312 0551101 FROM Fund/Account/Centers $70,353.63 $132,184.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Accounting Info.pdf (CFW Internal) Fernando Costa (6122) Kent Penney (5403) Jonnie Huitt (5409) http://apps.cfwnet org/ecouncil/printmc.asp?id=13443&print=true&DocType=Print 10/13/2010