HomeMy WebLinkAboutContract 41751 (2)CITY SECRETARY
CONTRACT NO.
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TERMINAL BUILDING OFFICE LEASE AGREEMENT
(TERM)
This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made
and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas acting by
and through Fernando Costa, its duly authorized Assistant City Manager, and EAN
HOLDINGS, LLC ("Lessee"), a Delaware limited liability company acting by and through
Brent Russell, its duly authorized Vice President General Manager.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Terminal Building ("Terminal") at Fort Worth Meacham International Airport
("Airport") in Fort Worth, Tarrant County, Texas:
1.1. 594 square feet of carpeted floor office space identified as Suites 107C, 107D,
and 107E depicted on Exhibit "A", attached hereto and hereby made a part of this Lease for all
purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall commence on the date of its execution ("Effective
Date") and expire at 11:59 P.M. on September 30, 2011. Unless terminated in accordance with the
provisions of this Lease, this Lease automatically shall renew for successive Renewal Terms of one
year each, commencing at 12:00 A.M. on October 1st of each year and expiring at 11:59 P.M. the
following September 30th; provided, however, that the rental rates for each Renewal Term shall be
adjusted to comply with the rates prescribed for the Premises by Lessor's published Schedule of
Rates and Charges in effect at the same time.
3. RENT.
3.1. Rent During Initial Term.
During the Initial Term of this Lease, Lessee shall pay Lessor as annual rent for the
Premises the sum of Nine Thousand Two Hundred Sixty Six and 40/100 Dollars
($9,266.40), payable in equal monthly installments of Seven Hundred Seventy Two and
20/100 Dollars ($772.20). The rental rates under this Lease are based on Lessor's published
Schedule of Rates and Charges in effect as of the Effective Date of this Lease. In the event
that this Lease commences on a day other than the first (1st) day of any given month, the
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
05-05- I I P03:37 I N
first month's rental payment shall be prorated in accordance with the number of days
remaining in that month.
3.2. Rent During Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first (1st) day
of each month. Payments must be received during normal working hours by the due date at
the location for Lessor's Revenue Office as set forth in Section 18. Rent shall be considered
past due if Lessor has not received full payment after the (10th) day of the month for which
payment is due. Lessor will assess a late penalty charge of ten percent (10%) per month on
top of the entire month's rent for each month in which rent is past due.
4. DEPOSIT.
Upon execution of this Lease, Lessee will remit to Lessor a maintenance/damage deposit
("Deposit') equivalent to one month's rent. Thereafter, Lessee shall, at a minimum maintain its
Deposit in an amount that is equivalent to its current monthly rental amount for the Premises.
However, Lessor may increase the amount of the Deposit to a reasonable sum in excess of one
month's rent. Lessee's failure to maintain its Deposit as required shall constitute a breach of this
Lease.
Lessee's Deposit shall be in the form of a cash payment. Lessee will not be entitled to any
interest on this Deposit Unless Lessor terminates this Lease for any breach, default or failure by
Lessee Lessor will refund any unused portion of this Deposit within thirty (30) days following the
date that Lessee vacates the Premises. Lessee acknowledges that if Lessor terminates this Lease for
any breach, default of failure by Lessee, Lessee shall forfeit the entire balance of its Deposit.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with the
exception of telephone utilities. For all leased space in the basement of the Terminal, Lessee
acknowledges that Lessoi will not provide or pay for any ail conditioning or heating services.
Before installing any type of air conditioning or heating devices in the basement of the Terminal,
Lessee shall obtain written permission from the Director of Airport Systems or authorized
representative and shall, at Lessee's own expense, provide a ventilation system acceptable to Lessor
Lessee agrees that all heating equipment and other electrically -operated equipment which may be
used on the Premises shall fully comply with the City of Fort Worth Mechanical, Electrical,
Plumbing Fire and Building Codes, as they exist or may hereafter be amended.
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6. MAINTENANCE AND REPAIRS.
6.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises unless located in the
basement of the Terminal. Lessor agrees to perform minor repairs and maintenance on a
timely basis as required by the ordinary use of the Premises under the terms of this Lease
and which are not caused by any violation thereof by Lessee. Lessor shall have the right
and privilege, through its officers, agents, servants or employees to inspect the Premises at
any time If Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in wilting Lessee agrees to undertake such
maintenance or repair work within thirty (30) calendar days of receipt of notice. If Lessee
fails to undertake the maintenance or repairs recommended within this time, Lessor may, in
its discretion, perform the necessary maintenance or repairs on behalf of Lessee. In this
event, Lessee will reimburse Lessor for the cost of the maintenance or repairs, and payment
will be due on the date of Lessee's next monthly rental payment following completion of the
repairs.
6.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer any waste
of the Premises. Lessee shall not allow any holes to be drilled or made in the brick, plaster
or cement work. Lessee will not pile or store boxes, cartons, barrels or other similar items
in a manner that is unsafe or unsightly. Upon termination of this Lease, Lessee agrees to
return the Premises to Lessor in the same condition as originally received, subject to
ordinary wear and tear consistent with normal use over time. Lessee is responsible for all
damages caused by the negligence or misconduct of Lessee, its agents, servants, employees
contractors, subcontractors, patrons, licensees invitees or trespassers
For any portion of the Premises located in the basement of the Terminal, Lessee
shall provide, at Lessee's own expense, and use covered metal receptacles for the temporary
storage of all trash and garbage and arrange and pay for the sanitary transport and permanent
disposal away from the Airport of all of Lessee s trash, garbage and refuse.
6.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which Lessor
is authorized or required to do under the terms of this Lease or to perform its governmental
duties under federal state or local rules regulations and laws (including, but not limited to
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing, and Fire
Codes or other health safety and general welfare regulations) Lessee will permit the Fire
Maishal of the City of Fort Worth or his agents to make inspection of the Premises at any
time, and Lessee will comply with all recommendations made to Lessee by the Fire Marshal
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or his agents to bring the Premises into compliance with the City of Fort Worth Fire Code
and Building Code provisions regarding fire safety, as such provisions exist or may
hereafter be added or amended. Lessee shall maintain in a proper condition accessible fire
extinguishers of a number and type approved by Fire Underwriters for the particular hazard
involved. Lessor shall provide Lessee with advance notice of inspection when reasonable
under the circumstances.
7. ACCEPTANCE OF PREMISES.
7.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos -containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos -containing materials exist on the Premises to the extent identified in
Lessor's Level II Asbestos Assessment Report dated October 12, 1992, a public document
on file in Lessor's City Secretary's Office and incorporated herein by reference for all
purposes. Lessee covenants and agrees to comply with all federal, state and local laws and
regulations now in existence or promulgated in the future which pertain to asbestos -
containing materials. Lessee covenants and agrees to cooperate fully with any asbestos
abatement activity plan or asbestos operations and maintenance plan set forth by Lessor.
Lessee further covenants and agrees to notify and obtain written approval from Lessor prior
to Lessee's undertaking of any repairs, renovations, alterations or improvements to the
Premises or of any other activity which might disturb asbestos -containing materials. Lessee
agrees that it shall be solely responsible for all expenses of such activities. Lessor retains
the right to perform or cause to be performed air sampling on the Premises to check for the
presence of airborne asbestos fibers. Lessee agrees to allow Lessor full access to the
Premises to perform such tests. Lessor will make the results of any such tests available to
Lessee at Lessee's request.
7.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully advised
of its own rights without reliance upon any representation made by Lessor concerning the
condition of the Premises Lessee accepts the Premises in its present condition as
satisfactory for all purposes set forth in this Lease.
8. CONSTRUCTION AND IMPROVEMENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and receives
in writing approval from the Director of Airport Systems or authorized representative. All such
approved construction woik on and improvements to the Premises shall comply fully with the
Americans with Disabilities Act of 1990, as amended.
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9. PARKING.
Lessee shall have the right to use the designated East public parking areas, to the extent
available and in accordance with policies established by the Dnector of Airport Systems or
author ized representative, for the parking of company vehicles and the vehicles of its employees,
licensees or invitees, subject to all ordinances and regulations of the City of Fort Worth and all
other applicable laws.
10. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for auto commercial activities. It is
specifically agreed and stipulated that the following concessions are prohibited under this Lease,
unless specifically approved in writing by the Director of Airport Systems or authorized
representative: (i) ground transportation for hire; (ii) food sales; (iii) barber and valet services; (iv)
alcoholic beverage sales; and (v) aviation -related sales of pilot supplies.
11. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Director of
Airport Systems or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however must be in keeping with the size, color, location
and manner of display of other signs throughout the Terminal. In addition Lessee may, at its own
expense, make, install and maintain a sign outside the Terminal on Lessor's property subject to prior
written approval by the Director of Airport Systems or authorized representative as to the sign's
placement appearance, construction, and conformity with applicable City Code restrictions.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition. Lessee
agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulting from the
installation, maintenance or removal of any such sign. Lessee also agrees to remove any sign at its
own expense immediately upon receipt of instructions for such removal from the Director of
Airport Systems or authorized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon, shall immediately become
the property of Lessor.
12.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport
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12.3. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public, or
for any other cause deemed necessary by Lessor. In this event, Lessor shall in no
way be liable for any damages asserted by Lessee, including, but not limited to,
damages from an alleged disruption of Lessee's business operations.
12.4. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development, maintenance or repair of Airport infrastructure.
12.5. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement fiom the United States Government.
12.6. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant
to the Sponsor's Assurances given by Lessor to the United States Government
through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
13. INSURANCE.
13.1. 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 herein, naming the City of Fort Worth as an additional
insured and covering all public risks related to the leasing, use occupancy, maintenance
existence or location of the Premises. Lessee shall obtain the following insurance coverage
at the limits specified herein:
* Commercial General Liability:
$1,000,000.00 per occurrence
(including Products and Completed Operations);
* Automobile Liability:
$1,000,000.00 per occurrence
In addition, Lessee shall be responsible for all insurance to any approved construction,
improvements, modifications or renovations on or to the Premises and for personal property
of Lessee or in Lessee's care, custody or control.
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13.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter as proof that it has obtained
the types and amounts of insurance coverage required herein Lessee hereby covenants and
agrees that not less than thirty (30) days prior to the expiration of any insurance policy
required hereunder, it shall provide Lessor with a new or renewal certificate of insurance. In
addition, Lessee shall, on demand, provide Lessor with evidence that it has maintained such
coverage in full force and effect.
13.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters 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.
14. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein and not as an agent, representative or employee of
Lessor. Lessee shall have the exclusive right to control the details of its operations and activities on
the Premises and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors patrons, licensees and invitees. Lessee
acknowledges that the doctrine of respondeat superior shall not apply as between Lessor and
Lessee, its officers, agents, employees, contractors and subcontractors Lessee further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
15. 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 THE
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USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
such immunity or exemption as against Lessor.
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17. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
17.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thiity (30) days prior to the effective date of such termination.
17.2. Airport Development.
In the event that Lessor requires the Premises (i) as part of its plans to further
develop the Airport or (ti) for the convenience of the public's use of the Airport, as
determined by Lessor, Lessor may terminate this Lease by providing Lessee with written
notice not less than one hundred eighty (180) days prior to the effective date of such
termination
17.3. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time, Lessor shall have the right to terminate this Lease immediately.
17.4. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
17.5. Rizhts of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease, all rights powers and privileges
granted to Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee agrees that it will return the Premises and all appurtenances and improvements
thereon in good order and repair and in the same condition as existed at the time this Lease
was entered into, subject to ordinary wear and tear. Lessor shall have the immediate right
to take full possession of the Premises, by force if necessary, and to remove any and all
parties remaining on any part of the Premises without further legal process and without
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18.
being liable for trespass or any other claim. Lessor shall also have the right to remove any
and all fixtures or equipment that may be found within or upon the Premises without being
liable therefor. Lessee agrees that it will assert no claim of any kind against Lessor, its
agents, servants, employees or representatives which may stem from Lessor's termination of
the Lease or any act incident to Lessor's assertion of its right to terminate.
NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
City of Fort Worth
Aviation Department
4201 North Main St. Suite 200
Fort Worth, Texas 76106-2749
19. ASSIGNMENT AND SUBLETTING.
To LESSEE:
Enterprise Holdings
ATTN: Vice President General Manager
8200 John Carpenter Freeway
Dallas, Texas 75247
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor Any such transaction
attempted by Lessee without prior written consent by Lessor shall be null and void. If Lessor
consents to any such transaction, the respective assignee or sublessee shall consent to comply in
writing with all terms and conditions set forth in this Lease the same as if that party had originally
executed this Lease.
20. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the property of
Lessor. If any such pun ported 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 hen shall constitute a breach of this Lease and Lessor may
terminate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate and
discharge such lien shall continue in effect following termination of this Lease and until such a time
as the lien is discharged
21. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
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22. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and
Lessee immediately shall remove from the Premises any person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police Fire and Health
Departments; all rules and regulations established by the Federal Aviation Administration and the
Director of Airport Systems; and all rules and regulations adopted by the City Council pertaining to
the conduct required at airports owned and operated by the City, as such laws, ordinances, rules and
regulations exist or may hereafter be amended or adopted (collectively "Laws' ). Lessee hereby
assumes full responsibility for the violation of any Law by Lessee its officers, agents, employees,
contractors, subcontractors, licensees or invitees and shall pay or fully indemnify the City for any
fines or other lawful penalties assessed for any such violation. 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.
23. 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.
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24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does not
waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon
appropriate performance or to assert any such right on any future occasion.
27. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division. This Lease shall be construed in accordance with the laws of the State of Texas.
28. ATTORNEYS' FEES.
In 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.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity legality and enforceability of the remaining provisions shall not in any way be affected or
impaired
30. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of performance
due to force majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of omission fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
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authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
32. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns and
successors in interest, as to the matters contained herein. Xny prior of 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]
Terminal Building Office Lease Agreement
Between City of Fort Worth and EAN Holdings, LLC
Page 13 of 15
Date:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the t'dayof ,2011.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared 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 day
M , 2011.
0
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APPROVED AS TO FORM
AND LEGALITY:
By: ,hCit
Charlene Sanders
Assistant City Attorney
M&c: C - isag�'
--I3/ze1\
Terminal Building Office Lease Agreement
Between City of Fort Worth and EAN Holdings, LLC
Page 14 of 15 ..
MFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CAPIAOL MAW/IL/It
Notary Public in and for the Stater-OfTexas
Marty Hendrix
City Secretary „ccpt-atitti
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LESSEE: ATTEST:
EAN HOLDINGS, LLC
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By: By:
Brent Russell
Vice President General Manager
Date: Li I
STATE OF TEXAS
COUNTY OF�fiem
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Brent Russell, 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 EAN
Holdings, LLC, and that s/he executed the same as the act of EAN Holdings, LLC, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIV N UNDER MY HAND AND SEAL OF OFFICE this
Ott / ,2011.
Notar
Terminal Building Office Lease Agreement
Between City of Fort Worth and EAN Holdings, LLC
Page 15 of 15
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THIS DOCUMENT IS NOT AN OFFICIAL
RECORD DRANING OF EASTINC CONDITIONS
THIS DRANINC IDENTIFIES TENANT AREA'S ONLY.
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Exhibit "B"
City of Fort Worth
Aviation Insurance Requirements
' Category of Ten
ant t3Jor Operations ... .__ .., Property insurance
General Liability
FBOs
Flight Training
Air Taxi
Specialized Com. Flight
Serv.
Aerial Applications
Aircraft Sales
Aircraft Rental
Airframe or Power Plant
Repair
Radio, Instrument or
•Propeller Repair
Multiple Services
Flying Clubs
Commercial Tenant
Commercial Tenant
Sublessee
Mo. - Mo. Airport Tenant;
sm. premises area,
infrequent access by
others (no aircraft)
Hangar Tenant
(private sm. aircraft)
Fuel Facilities: Trucks
Fuel Facilities: Tank Farm
Concessionaire:
Restaurant
Concessionaire:
Rent -a -car
Concessionaire:
Retail Shop
Yes
*
*
Auto
Impairment i I Aircraft Liability
$ 3,000,000.00 I $ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00 $
1,000,000.00 $
$ 1,000,000.00 $
$ 1,000,000.00 $
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
1,000,000.00 $ 1,000,000.00
* $ 1,000,000.00 $
No I $ 500,000.00 $
No
No
N/A
Yes
No
No
$ 300,000.00
No
N/A I $
1,000,000.00 I $
1,000,000.00 $
1,000,000.00 $
500,000.00
1,000,000.00
500,000.00 I
N/A
Small. 1M Large:
No 5M
Small:1M Large:
No 5M
No
1,000,000.00
Small: 1 M Large:
No 5M
Small: 1M Large:
5M
No
No
No
No
No
No
No
No No
No No
1,000,000.00 I $ 1,000,000.00
1,000,000.00 I $ 1,000,000.00
1,000,000.00 No
1,000,000.00 No
No No
Small: 1M Large:
5M
Small: 1M Large:
5M
No
Hangarkeepers
Liability
$ 3,000,000.00
No
No
No
No
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
No $ 1,000,000.00
As Applicable As Applicable
Small: 1 M Large:
5M
As Applicable
As Applicable
No
$ 300,000
No
No
No
No
No
* Depends on the terms of the lease agreement
Property Insurance requirement depends on the lease agreement. Coverage should be replacement cost basis
Liability coverage's are to include products and completed operation. The policy should be written on an occurrence basis
Hangarkeepers Liability is maintained according to typical exposure
N/A
No
No
No
No
No
No
No
No
No
aviationinsreg2001
•
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
ayor an ouncil . ommunication
COUNCIL ACTION: Approved on 5/3/2011
DATE: Tuesday, May 03, 2011
LOG NAME: 55FTW EAN HOLDINGS 107C, 107D, 107E
SUBJECT:
Authorize Execution of a Terminal Building Office Lease Agreement for Suites 107C, 107D and 107E with
EAN Holdings, LLC, at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
REFERENCE NO.: **C 24888
RECOMMENDATION.
It is recommended that the City Council authorize the City Manager to execute a terminal building office
lease agreement for Suites 107C, 107D and 107E with EAN Holdings, LLC, at Fort Worth Meacham
International Airport.
DISCUSSION:
On November 27, 2007, (M&C C-22542) the City Council authorized a terminal building office lease
agreement for Suites 111 107A, and 107B, with Enterprise Leasing Company of DFW for Enterprise
Rent-A-Car at Fort Worth Meacham International Airport. This space consisted of 1,306 square feet of first
floor office space.
The Aviation Department has received a request from Mr. Eric Seles, Operations Manager of Enterprise
Holdings to occupy Suites 107C, 107D and 107E for an Enterprise Rent -A -Truck location next to the
Rent-A-Car suites. In February 2011, with the approval of Airport Management, Rent -a -Truck began a
temporary co -location within the Rent-A-Car suites. This co -location has been very successful and
Enterprise Holdings wishes to expand in order to separate the car and truck business into individual areas.
Staff is in favor of this request and feels that this would be an added service to the terminal building
The three suites requested consist of 594 total square feet of first floor office space in the terminal building
at Fort Worth Meacham International Airport at a rate of $15 60 per square foot. This is in accordance with
the Aviation Department's Schedule of Rates and Charges. Total revenue received from this lease will be
$9,266.40 per year, or $772.20 per month Rental rates shall be subject to an increase on October 1 of
each year to reflect the upward percentage change, if any, in the Consumer Price Index for the Dallas/Fort
Worth Metropolitan Area.
The term of the lease will begin on the date of execution and expire September 30, 2011. The lease will
automatically renew for additional one year terms unless either party notifies the other of its intent to
cancel the lease in accordance with its terms and conditions. All other terms and conditions will follow
standard 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 anddeposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
http://apps.cfwnet org/ecouncil/printmc.asp?id=15150&print=true&DocType=Print 5/4/2011
M&C - Council Agenda Page 2 of 2
PE40 491282 0551101 $9 266 40
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
No attachments found.
Fernando Costa (6122)
Kent Penney (5403)
Jonnie Huitt (5409)
•
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15150&print=true&DocType=Print 5/4/2011