HomeMy WebLinkAboutContract 40221 (2)CITY SECRETARY
CONTRACT NO. �+oaal
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
GROUND LEASE AGREEMENT
and ASSOCIATED MANDATORY IMPROVEMENTS
LEASE SITES 35N AND 37N
This 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 TEXAS JET PARTNERS, L.P. ("Lessee"), acting by and through
Reed Pigman, Jr., Manager of Texas Jet Management, LLC, its General Partner.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee two (2) parcels of ground space at Fort Worth
Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas,
identified as Lease Sites 35N and 3 7N ("Premises"), as shown in Exhibit "A", also
known as 120 and 116 Texas Way, respectively, 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 on the date of its execution
("Effective Date") and expire at 11:59 p.m. on April 30, 2040, 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 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.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 1 of 20
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OFFICIAL RECORD
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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 Adjustments.
Lessee shall construct the Mandatory Improvements defined in Section 4 on the
Sites referred to in Exhibit "A" in two (2) Phases (the construction of the Mandatory
Improvements on an individual Lease Site within the Premises shall hereinafter be referred
to as a "Phase").
3.1.1. Lessee shall commence the payment of rent, in accordance with this Section
3, on the date that the certificate of occupancy is issued for a hangar structure
erected on 34,213 square feet known as Site 35N, pursuant to Section 4 1 2 of this
Lease ("Occupancy Date"). From the Occupancy Date until September 30, 2010,
Lessee shall pay Lessor rent in the amount of $9,237.51 which is based on a rental
rate of $0.27 per square foot on an annual basis, and which will be payable in
monthly installments of $769.79. If the Occupancy Date occurs on or after October
1, 2010, 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, 2010.
3.1.2. Lessee shall commence the payment of rent, in accordance with this Section
3, on the date that the certificate of occupancy is issued for a hangar structure
erected on 94,261 square feet known as Site 37N, pursuant to Section 4 1 4 of this
Lease ("Occupancy Date"). From the Occupancy Date until September 30, 2010,
Lessee shall pay Lessor rent in the amount of $25,450.47 which is based on a rental
rate of $0.27 per square foot on an annual basis and which will be payable in
monthly installments of $2,120.87. If the Occupancy Date occurs on or after
October 1, 2010, 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, 2010.
3.1.3. On October 1, 2010, 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
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 2 of 20
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.
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 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.
4. CONSTRUCTION AND IMPROVEMENTS.
4.1. Mandatory Improvements.
4.1 1. As additional security for this Lease, Lessee covenants and agrees that it
shall construct the improvements on the Parcels which constitute the Premises
owned by the City of Fort Worth in two (2) Phases. The improvements approved for
each Parcel shall be referred to as "Mandatory Improvements".
4 1.2. Lessee shall commence construction of such Mandatory Improvements of
Phase One on either Lease Site 35N or 37N within six (6) months following the
receipt of written FAA Airspace Study approval on the design of a hangar building
no less than 12,000 square foot on Site 35N; or on the design of a hangar building
no less than 16,000 square foot on Site 37N. Construction and issuance of a
Certificate of Occupancy on the selected Lease Site shall be completed no later than
twelve (12) months after construction commenced.
4.1.3. Lessee shall complete Phase Two construction and issuance of a Certificate of
Occupancy no later than thirty (30) months following the receipt of written FAA
Airspace Study approval, on the remaining Lease Site 35N or 37N on the design of a
hangar building no less than 12,000 square foot on Site 35N; or on the design of a
hangar building no less than 16,000 square foot on Site 37N.
Should construction not commence Lessee shall be in default and Lessor shall
terminate Lessee's rights to the remaining Lease Site, leaving all other provisions of
this Lease in place for the Mandatory Improvements so constructed in Phase One as
set forth in paragraph Section 4 1 2 above.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 3 of 20
In the event that Site 37N were to revert to Lessor, the Lessee shall ensure that there
will be no aircraft parking north of Site 35N, as this taxilane shall remain
unobstructed to allow for future development of Site 37N.
4.1.4. As provided in Exhibit "B", Lessee shall so construct the foundation of Site
35N in such a manner as to not interfere with an existing underground 54" RCP
pipe. Lessee shall be responsible for any damage to the pipe incurred during
construction.
Upon completion, if at anytime Lessor determines damage has been sustained to the
pipe in direct correlation to the build of Site 35N, Lessee shall be responsible for
any repairs.
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 in any way, an Amendment to the
Lease shall be signed and dated by both Lessor and Lessee and shall be attached to and
made a part of this Agreement and shall supersede the previous teinis, provisions, and
specifications as specifically identified. Upon issuance of the Certificate of Occupancy in
each of the Phases, 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') 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 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.
Fort Worth Meacham Intemational Airport
Ground J rase Agreement
Lease Site 35N & 37N
Page 4 of 20
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 requested by Lessor.
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 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 modifications, renovations,
construction projects or improvements, and (ii) full payments to all persons, fituls,
corporations or other entities with whom Lessee has a direct relationship for the
performance of such modifications, renovations, construction projects or 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 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 or certificate of deposit.
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 both Lessor and Lessee as
dual obligees. If Lessee serves as its own contractor, Section 4 5 shall apply.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 5 of 20
4.7. 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 hens
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 constructed
pursuant to the Mandatory Improvements, to various third parties (' Sublessees") under
terms and conditions acceptable to and determined by Lessee, Lessor hereby grants
permission to Lessee to sublease all or a portion of the Premises to Texas Jet, Inc. 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 shall use a standard lease form for all Sublessees and shall
submit a copy of such standard lease forum, 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 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.
Within thirty (30) days following the end of each calendar year Lessee shall provide
Lessor with a written annual report, in a form acceptable to the Director that reflects
Lessee's rental rates for the Mandatory Improvements and any Discretionary Improvements
on the Premises for the immediately 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 Mandatory Improvements and any Discretionary Improvements on the
Premises 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 a manner satisfactory to Lessor's Internal Auditor and at a
location within the City of Fort Worth. 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
Fort Worth Meacham International Airport
Ground I Pase Agreement
Lease Site 35N & 37N
Page 6 of 20
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.
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
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'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.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 7 of 20
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.
8.3.3. During any inspection, Lessor may perfoini 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 .
Fort Worth Meacham International Airport
Ground I ease Agreement
Lease Site 35N & 37N
Page 8 of 20
Lessee may, at its sole expense and with the prior written approval of the Director,
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.
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 (30) days' written notice to Lessor.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 9 of 20
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)
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. temnnate 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.
10.7. Lessor agrees Lessee shall have the right of ingress and egress to and from the
leased 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.
Fort Worth Meacham International Airport
Ground Lease Agreement
J Pase Site 35N & 37N
Page 10 of 20
10.8 Lessor agrees to complete construction of the access road and taxilane shown on
Exhibit "A" attached hereto on or before October 15th or Lessee's Occupancy Date (date
the Certificate of Occupancy is issued), which ever is later. If Lessor fails to complete
construction of the access road and taxilane on or before this date Lessor shall provide
alternative ingress and egress to and from an alternate aircraft parking location and the
airfield as well as from the Premises and North Main Street which is suitable for Lessee's
use until the access road and taxilane are complete.
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:
• Property:
Fire and Extended Coverage on all improvements at full replacement cost limit;
• 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 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.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 11 of 20
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
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 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 CAUSED BY THE GROSS 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
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 12 of 20
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 GROSS 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 GROSS
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 ifi AUTHORIZED
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 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
Fort Worth Meacham International Airport
Ground Lease Agreement
I Pase Site 35N & 37N
Page 13 of 20
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 teituination 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 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, 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 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
City of Fort Worth
Aviation Department
4201 N. Main St., Suite 200
Fort Worth, Texas 76106
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 14 of 20
For All Other Matters:
Aviation Depattiuent
Fort Worth Meacham International Airport
4201 N. Main St., Suite 200
Fort Worth, Texas 76106
To LESSEE*
Texas Jet Management, LLC
Reed Pigman Jr., Manager
200 Texas Way
Fort Worth, Texas 76106-2782
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 Lessor hereby grants permission to Lessee to
sublease all or a portion of the Premises to Texas Jet, Inc. Otherwise, Lessee shall not
assign, sell, convey, sublease or transfer the entirety of its nghts, privileges, duties or
interests granted by this Lease without the advance wntten 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.
19. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 15 of 20
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,
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, 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.
22. GOVERNMENTAL POWERS.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 16 of 20
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 teini 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 perfon nance 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.
Fort Worth Meacham International Airport
Ground I Pase Agreement
Lease Site 35N & 37N
Page 17 of 20
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
not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
[Signature Pages Follow]
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 18 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the l'dayof �1(� , 2010.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: WO
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
2010.
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
APPROVED AS TO FORM
AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
M&c %Lac Z.
Fort Worth Meacham International Airport
Ground Lease Agreement
Lease Site 35N & 37N
Page 19 of 20
day
Notary Public in and for the State of Texas
ATTEST:
By: Pn
Marty Hen .t, x -o
City Secretary Aitoo°°°"00
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RECORD
CITY SECRETARY
Ft WORTH, TX
LESSEE:
TEXAS JET PARTNERS, L P ATTEST:
a Texas Limited Partnershi
By:
Reed Pigman, itCManager,
Texas Management LLC, its General Partner
Date:
%L/6
STATE OF TEXAS
%G7
COUNTY OF TARRANT §
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Reed Pigman, Jr., known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Texas
Jet Partners, L.P., and that he executed the same as the act of Texas Jet Partners, L.P., for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /a. day
, 2010.
LESA MOKE
My Commission Expires
May 16, 2014
Fort Worth Meacham International Airport
Ground J ease Agreement
Lease Site 35N & 37N
Page 20 of 20
Notary Public in and for the State of Texas
Exhibit "A"
FORT WORTH
.--%"ftrr
I?L4L ]VPE'TY
-' 1R
LL4SESITE 1/43
Being a parcel of land out of Block 1 and Lot A-1, Block 1, Meacham Airport Addition,
according to plat recorded in Cabinet A, Slide 2446, Plat Records of Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set with a red plastic cap stamped "CITY OF FT. WORTH
SURVEY DIVISION" for the southwest corner of the herein described parcel and being in the
easterly O.F.A.(object free area) line, all 5/8" irons set being so capped unless otherwise noted
hereon;
THENCE: North 08 degrees 45 minutes 49 seconds West, 188.33 feet to a 5/8" iron rod set for
the northwest corner of the herein described parcel;
THENCE: departing said line, North 88 degrees 33 minutes 46 seconds East, 207.52 feet to a
5/8" iron rod set for the northeast comer of the herein described parcel;
THENCE: South 01 degrees 54 minutes 49 seconds East, at 27.35 feet pass a 5/8" iron rod set,
in all, 111.93 feet to a "+" cut on concrete retaining wall;
THENCE: South 88 degrees 05 minutes 11 seconds West, 5.0 feet to a 5/8" iron rod set;
THENCE: South 01 degrees 54 minutes 49 seconds East, 51.74 feet to a 5/8" iron rod set for the
most southerly southeast comer of herein described parcel;
THENCE: South 81 degrees 14 minutes 55 seconds West, at 156.34 feet passing a 1/2" iron rod
found for the southwest corner of said Lot -Al, in all, 181.34 feet to the Place of Beginning, and
containing some 0.785 acres (34,213 square feet) of land, more or less.
Surveyed on the ground in January, February & March of 2010.
Basis of Bearings: City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North
Central Texas Zone. Distances are ground measurements.
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SURVEYING SERVICES
THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116
817 392-7925 * FAX 817-392-7895
In accordance with the Texas Board of Professional Land Surveying, General Rules of
Procedures and Practices, 663.19(9), This "report" consists of the hereon real property
description, and a Map of Survey being attached herewith.
46731 OF01HKHSRC.doc
•
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SURVEYING SERVICES
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THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116
817 392-7925 * FAx 817-392-7895
Exhibit "A"
FORT WORTH
PERTY ® CRIP"TIe_%
FeR
��- SITE 43 rNn
Being a parcel of land out of Block 1 and Lot A-1, Block 1, Meacham Airport Addition,
according to plat recorded in Cabinet A, Slide 2446, Plat Records of Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set with a red plastic cap stamped "CITY OF FT. WORTH
SURVEY DIVISION" for the most northerly northeast comer of the herein described parcel, all
5/8" irons set being so capped unless otherwise noted hereon;
THENCE: South 07 degrees 07 minutes 33 seconds East, 34.98 feet to a 5/8" iron rod found
with a red plastic cap stamped "CITY OF FT. WORTH SURVEY SECTION" for the most
southerly southwest corner of Westgrove Asset Management Lease Site according to City
Secretary Contract No. 3 3 517;
THENCE: North 81 degrees 18 minutes 28 seconds East, 9.80 feet to a 5/8" iron rod set at the
beginning of a non -tangent curve to the left having a radius of 315.23 feet;
THENCE: with said curve left, through a central angle of 58 degrees 58 minutes 14 seconds the
long chord of which bears, South 48 degrees 09 minutes 03 seconds East, 310.31 feet, and arc
distance of 324.44 feet to a 5/8" iron rod set at its end;
THENCE: departing said curve, South 13 degrees 21 minutes 15 seconds West, 8.90 feet to a
5/8" iron rod found with a red plastic cap stamped "CITY OF FT. WORTH SURVEY
SECTION", for the most southerly southeast corner of Lot A-1, Block 1, of said plat;
THENCE: South 81 degrees 14 minutes 55 seconds West, 219.02 feet to a 5/8" iron rod set for
the southeast corner of Texas Jet Lease Site;
THENCE: North 01 degrees 26 minutes 14 seconds West, 95.90 feet to a 5/8" iron rod set for its
northeast corner;
THENCE: with the north line of said Texas Jet Lease Site, South 88 degrees 33 minutes 46
seconds West at 300.0 feet pass its northwest corner, in all, 311.29 feet to a 5/8" iron rod set;
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SURVEYING SERVICES
THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116
817 392-7925 * FAx 817-392-7895
Exhibit "A"
THENCE: North 01 degrees 54 minutes 49 seconds East, 27.35 feet to a 5/8" iron rod set;
THENCE: South 88 degrees 33 minutes 46 seconds West, 207.52 feet to a 5/8" iron rod set for
the most westerly southwest corner of the herein described parcel;
THENCE: North 08 degrees 54 minutes 49 seconds West, 94.44 feet to a 5/8"iron rod set for the
northwest corner of the herein described parcel;
THENCE: North 81 degrees 13 minutes 18 seconds East, at 25.0 feet passing a 5/8" iron rod set
for the southwest corner of Lease 3 8N, in all, 515.75 feet to the Place of Beginning, and
containing some 2.164 acres (94,261 square feet) of land, more or less.
Surveyed on the ground in January, February & March of 2010.
Basis of Bearings: City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North
Central Texas Zone. Distances are ground measurements.
In accordance with the Texas Board of Professional Land Surveying, General Rules of
Procedures and Practices, 663.19(9), This "report" consists of the hereon real property
description, and a Map of Survey being attached herewith.
467310E01HKHSRC.doc
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SURVEYING SERVICES
THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116
817 392-7925 * FAx 817-392-7895
1 /2"IRF
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A LEASE 35N
1 m X= 2318918.37
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Y= 6985058.88
LEASE SITE 38N
SEE MAP FILE #467310D01
OF EVEN DATE
BLOCK 1
LOT A-1
MEACHAM AIRPORT ADDITION '
CABINET A, SLIDE 2446
P.R.,T.C.,T.
N 81'13'18
515.75
E
LEASE SITE 37N
AREA: 2.164 AC. +-
(94,261 S.F.+-)
207.521
775'
(PLAT)
25' rill --
co
w
II
P.O.B.
S 8833146" W
J
LEASE SITE 35N
AREA: 0.785 AC. +-
(34,213 S.F.+-) K
H
PROPOSED HANGAR A
G
L
N
0
'1
P1
M
N 01'54149" W
27.35'
1 � MARK "-{-" [[[
1 1 CUT IN CONCRETE
I I tn'
'1
N I I *I
1 1
IIA
0 1 1
CI
1,1"1 Iml
P.O.E.
LEASE 37N
I/E EASEMENT
X= 2319385.0
Y= 6985417.06 -
S 0707'33" E
34.98'
B
PROPOSED HANGAR B
E
O
F
A
311.231
D
0
0
Fri
P
O
5 01'54'49" E
51.74'
158.34'
S 81' 14155" W1 181.34'
1 /2"IRF
cc:
cn
In
S 88'33'46" W
TEXAS JET LEASE
°3I
col
MARK "+"
CUT IN CONCRETE
RET-WALL
S 8805'11" W 306,491 _-__---
5.0' --'5" W
____-----5 81145
'
TEXAS JET LEASE SITE 'A'
S.A. & M.C. RR. CO. SURVEY
A-I464
APPROXIMATE SURVEY LINE
• DENOTES A 5/8"IRS WITH A RED PLASTIC CAP STAMPED
"CITY OF FT. WORTH SURVEY DIVISION" UNLESS OTHERWISE
NOTED HEREON.
50
0
50
100
150
GRAPHIC SCALE IN FEET
I I
L
0
0
0
1" = 50'
5/8"IRF CFW
REDCAPPED
N 81'18'28" E 31.36'
5/81RF CFW
REDCAPPED
N'\81'18'28" E
9.80
219.02,
S 81'14'S5
TEXAS JET LEASE SITE 'B'
BLOCK 1
MEACHAM AIRPORT ADDITION
CABINET A, SLIDE 2446
P.R.,T.C.,T.
NOTE: In accordance with the Texas Board of Professional Land Surveying,
General Rules of Procedures and Practices, 663.19(9), This "report"
consists of the map as shown hereon, and real property description
being attached herewith.
J. WALLACE SURVEY
A-I605
BASIS OF BEARINGS' CITY OF FT. WORTH INTEGRATED G.P.S. NETWORK SYSTEM,
N.A.D. 83, NORTH CENTRAL TEXAS ZONE. DISTANCES ARE GROUND MEASUREMENTS.
SURVEYED ON THE GROUND IN JANUARY, FEBRUARY & MARCH OF 2010
t2 115.20',
R. 287.53'
L. 55.28'
A • 11'00'57
T. 27.73'
C. 55.20'
5 IYI8'46' E
AREAS 2,034 S.F.+-
3
5V852a
N 8110'20'
INSERT (N.T.S.)
INGRESS -EGRESS EASEMENT
R= 315.23'
L= 324.44'
A = 58'58'14"
T= 178.24'
C= 310.31'
S 4809'03" E
N 13'21'1S" E
25.98'
5/8"IRF CFW
REDCAPPED
FORT WORTH MEACHAM
INTERNATIONAL AIRPORT
VICINITY MAP
PROPOSED HANGAR CORNER POSITIONS
LATITUDE
LONGITUDE
A
3749'32.415"N
9721'29.504"W
B
32'49133.850"N
9721129.529"W
C
3749'33.868"N
9721'28.064"W
D
3749'32.433"N
9721'28.040"W
E
3749'33.133"N
9721'29.516"W
F
3749'33.150"N
9721'28.052"W
G
3749'31.402"N
9721'32.550"W
H
3749'31.952"N
9721'32.559"W
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32'49132.501 "N
9721'32.568"W
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3249132.516"N
9721'31.303"W
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32'49'31.967"N
9721'31.294"W
L
32'49131.418"N
9721131.284"W
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32'49'31.604"N
9721'31.053"W
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32'49132.386"N
97'21'31.066"W
0
32'49'32.438"N
9721'27.571 "W
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32'49'33.873"N
9721127.595"W
60dNail
Found
MEACHAM BLVD.
R.O.W. LOOP
•� 10.0' ONCOR ELECTRIC
S 13'21'15" 1 DELIVERY Co. EASEMENT
8.90'
MAP OF SURVEY
SHOWING
LEASE SITES 35N & 37N
WITH INGRESS -EGRESS EASEMENT
SITUATED IN LOT A-1, BLOCK 1,
MEACHAM AIRPORT ADDITION
ACCORDING TO PLAT RECORDED IN
CABINET A, SLIDE 2446,
PLAT RECORDS OF TARRANT COUNTY, TEXAS.
NOTE: TH/S MAP SUPERCEOES
MAP OATEO: 2-08-2010
F7LE N0. 467310801
Yip Prepared by Stem R. Cisneros C.S.T. f 4'2015-7365)
Fogy WORT
Transportation &&Public Works Dept
Surveying Services
DATE 3-05-2010 SCALE I' = so'
DHARN BY SRC FILE NO 467310W1
City a1 Fort VarT. Tx. l® llr,d,,a'tm St 7610C Pm 32-79E5
.v„ 3 q tJ c3
EXHIBIT "B"
MANDATORY IMPROVEMENTS
Approximately 28,000 Square Feet of Aircraft Storage Facilities
• All mandatory improvements for Lease Sites' 35N and 37N must be completed in
accordance with Section 4 of the Agreement and the proposed site plan and completed
survey set fourth in Exhibit A attached hereto.
• Lessee shall submit a 7460 Notice of Proposed Construction to the FAA within sixty (60)
calendar days after the Effective Date of this lease.
• Phase One construction shall commence within six (6) months following receipt of
written FAA Airspace Study approval on the design of a hangar building on selected
Lease Site, as per Section 4.1 2. Construction and issuance of a Certificate of Occupancy
on the selected Lease Site shall be completed no later than twelve (12) months after
construction commenced.
Phase Two construction and issuance of a Certificate of Occupancy shall be completed
no later than thirty (30) months following the receipt of written FAA Airspace Study
approval, on the remaining Lease Site, as per Section 4 1 3
• Specific to Site 35N, foundation must be constructed in such a manner as to not interfere
with an existing underground 54" RCP pipe, as per Section 4 1 4
• In the event that Site 37N were to revert to Lessor, the Lessee shall ensure that there will
be no aircraft parking north of Site 35N, as this taxilane shall remain unobstructed to
allow for future development of Site 37N.
Exhibit "C"
February 26, 2010
Bill Welstead, Airport Manager
Fort Worth Meacham International Airport
4207 North Main
Fort Worth, Texas 76106
Re: Proposed Hangar A
Texas Jet
Fort Worth Meacham International Airport
FWNA Project No. 2102901
Dear Mr i\Telstead,
Pursuant to the request of Reed Pigman of Texas Jet I have reviewed a site plan that represents a proposed
location for a new Hangar A The site plan indicates there is a 54" RCP that is currently under the
southwest corner of the proposed building The information on the site plan also provides the elevation of
the 54" pipe and the manhole. The top of the RCP is approximately 9 feet below the rim of the manhole
and the bottom of the manhole is approximately 13 1/ feet below the manhole rim Mr. Pigman asked me
to provide an opimon regarding the feasibility of building Hangar A with the described situation.
The foundation for Hangar A can be designed to not interfere with the current pipe. The RCP will be
located and the piers for the hangar will be placed on either side of the pipe. Additionally the floor
structure will be designed with the ability to remain supported by the piers if maintenance to the RCP
requires excavation of the dirt around the pipe. The foundation will be considered to be suspended on the
piers placed on the side of the pipe as noted above.
In conclusion, the foundation can be constructed to not interfere with the cunent underground pipe as
well as provide foi support of the floor and roof structure in the event excavation of the soil around the
pipe for maintenance purposes.
Please do not hesitate to call me if you have any questions
Yours truly,
jU 1 L, tor„ v
Frank W. Neal, P. E.
President
Attachment
Cc: Reed Pigman
Robert Kelly
p oac ecaet ltME
FRANC WEST P EAL
42435 a ?
ktitjONAL t.
FRANK W. NEAL & ASSOC, INC.
Consulting Engineers
kCE
1015 W. Broadway
Fort Worth, Texas 76104 Togas Firm Ragistratioo No. P100296
&Mail: PNeal@fwaa-eng.coro
?hoar 817.3321999
Pas 817.336.8020
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/
i Q,s /
MARKRR
/
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/
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7
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Exhibit "C"
121•
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54" RC/
7" •
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--- PRofEftp'
Page 1 of 2
City of Fort Worth, Texas
Mayor and ouncil Communication
COUNCIL ACTION: Approved on 5/4/2010
DATE: Tuesday, May 04, 2010
LOG NAME: 55FTW TEXAS JET 35N, 37N
SUBJECT:
Authorize the Execution of an Improved Ground Lease Agreement with Associated Mandatory
Improvements with Texas Jet Partners, L.P., for Hangar Development at Fort Worth Meacham International
Airport (COUNCIL DISTRICT 2)
REFERENCE NO.: **C-24202
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an improved ground lease
agreement with associated mandatory improvements with Texas Jet Partners, L.P., for hangar
development projects on lease site 35N and 37N at Fort Worth Meacham International Airport.
DISCUSSION:
Mr. Reed Pigman, Jr., President of Texas Jet Management, LLC, Texas Jet Partners, L.P., General
Partner, proposes development on two lease sites identified as 35N and 37N at Fort Worth Meacham
International Airport. Lease site 35N is 34,213 square feet of improved ground for proposed construction
of a hangar building no less than 12,000 square feet. Lease site 37N is 94,261 square feet of improved
ground for proposed construction of a hangar building no less than 16,000 square feet. The associated
mandatory improvements of each lease site will be constructed in an order of which will be determined by
Texas Jet Partners, L.P
The initial square footage rate of the ground lease will be $.27 per square foot. Based on the square
footage of the proposed developments, lease site 35N will generate estimated revenue of $9,237.51 per
year, or $769.79 per month and for lease site 37N, it will generate estimated revenue of $25 450.47 per
year, or $2 120.87 per month. Total estimated annual revenue for both lease sites is $34,687 98. At the
completion of each phase, 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 will commence upon the date of execution. Rental rates for the options to renew shall be as
described in the Schedule of Rates and Charges in effect at that time. Rental rates shall be subject to an
increase on October 1 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 Financial Management Services Director certifies that the Aviation Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet.org/ecouncil/printmc.asp7id=13298&print=true&DocType=Print 5/5/2010
Page 2 of 2
PE40 491052 0551101 $34,687.98
CERTIFICATIONS
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Kent Penney (5403)
Jonnie Huitt (5409)
ATTACHMENTS
1. Accounting Info.pdf (CFW Internal)
http://apps. cfwnet. org/ecouncil/printunc. asp?id=13298 &print=true&DocType=Print 5/5/2010