HomeMy WebLinkAboutContract 45021 (2)CITY SECItETAR1°
CONTRACT NO.
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
- TERMINAL BUILDING OFFICE LEASE AGREEMENT
(MONTH -TO -MONTH)
EAN HOLDINGS, LLC
SUITES 107A. 107B. 111
i
This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made and
entered into by and ,between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal
corporation, 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
K. Russell, its duly authorized Vice President General Manager.
AGREEMENT:
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: 1,306 square feet of carpeted floor office
space identified as Suites 107A, 107B and 111, depicted on Exhibit "A", attached hereto and
hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month -to -month basis, commencing on the date of its execution.
This Lease will automatically renew on the first (1st) day of each month unless terminated by
either party. In order to terminate this Agreement, a party must provide the other party with
written notice of its intent to terminate not less than thirty (30) days prior to the effective date of
such termination.
3. RENT.
3.1. Amount.
Lessee shall pay Lessor as monthly rent for the Premises at a rate of $15.60 per square
foot for a sum of $1,697.80 monthly. 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
EAN Holdings, LLC
Terminal Building Lease
Page 1 of 14
a
6
OFFICISU IiEC6Rp
tc>0`u'Y SECRETARY
Ft WORTH, TX
RE—CEr vED --'
0CT21 2013
Lease. In the event that this Lease commences on a day other than the first (lst) day of
any given month, the 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 Changes 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 (lst) day of each
month. Payments must be received during normal working hours by the due date at the
location for Lessor's Aviation Department as set forth in Section 18. Rent shall be
considered past due if Lessor has not received full payment after the (loth) 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.
There will be no deposit required with this Lease.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of Internet and telephone utilities. For all leased space in the basement of the
Terminal, Lessee acknowledges that Lessor will not provide or pay for any air 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 Aviation Director 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.
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
EAN Holdings, LLC
Terminal Building Lease
Page 2 of 14
any time. If Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to undertake
such maintenance or repair work within thirty (30) calendar days of receipt of notice. If
Lessee fails to undertake the maintenance or repairs recommended within this time,
Lessor may, in its discretion, perform the necessary maintenance or repairs on behalf of
Lessee. In this event, Lessee will reimburse Lessor for the cost of the maintenance or
repairs, and payment will be due on the date of Lessee's next monthly rental payment
following completion of the repairs.
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 Marshal of the City of Fort Worth or his agents to make
inspection of the Premises at any time, and Lessee will comply with all recommendations
made to Lessee by the Fire Marshal or his agents to bring the Premises into compliance
with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety,
as such provisions exist or may hereafter be added or amended. Lessee shall maintain in
a proper condition accessible fire extinguishers of a number and type approved by Fire
Underwriters for the particular hazard involved. Lessor shall provide Lessee with
advance notice of inspection when reasonable under the circumstances.
EAN Holdings, LLC
Terminal Building Lease
Page 3 of 14
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 Aviation Director or authorized representative. All such
approved construction work on and improvements to the Premises shall comply fully with the
Americans with Disabilities Act of 1990, as amended.
9. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent available and
in accordance with policies established by the Aviation Director or authorized representative, to
reserve parking space in the permit area on the southeast side of the Terminal 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.
EAN Holdings, LLC
Terminal Building Lease
Page 4 of 14
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 Aviation Director 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 Aviation Director 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 Aviation Director 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 Aviation
Director 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.
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.
EAN Holdings, LLC
Terminal Building Lease
Page 5 of 14
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 from 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.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance in accordance with Exhibit
`B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of
this Lease for all purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its care,
custody or control.
13.1. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits on
existing coverages, are subject to change at Lessor's option and as necessary to cover
Lessee's and any Sublessees' operations at the Airport. Lessee will accordingly comply
with such new requirements within thirty (30) days following notice to Lessee.
13.2. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor
with appropriate certificates of insurance signed by the respective insurance companies as
proof that it has obtained the types and amounts of insurance coverage required herein.
Lessee hereby covenants and agrees that not less than thirty (30) days prior to the
EAN Holdings, LLC
Terminal Building Lease
Page 6 of 14
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 frill force and effect.
13.3. 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, to grant additional
insured status to the City 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. Lessor shall be responsible for
notifying the City of any change to its insurance coverage that amends or alters that
coverage required by this lease.
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 supei for 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 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
EAN Holdings, LLC
Terminal Building Lease
Page 7 of 14
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.
17. TERMINATION.
Upon termination 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 and to remove
any and all parties remaining on any part of the Premises without further legal process and
without 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.
EAN Holdings, LLC
Terminal Building Lease
Page 8 of 14
18. 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:
EAN Holdings, LLC
ATM Vice President General Manager
4201 N. State Highway 161, Ste. 150
Irving, Texas 75038
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 in
writing to comply 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 purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same within thirty (30) days of such creation or filing. Lessee's
failure to discharge any such purported lien shall constitute a breach of this Lease and Lessor
may terminate this Lease immediately. However, Lessee s financial 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.
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
EAN Holdings, LLC
Terminal Building Lease
Page 9 of 14
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 and Fire Departments; all
rules and regulations established by the Aviation Director and all rules and regulations adopted
by the City Council pertaining to the conduct required at airports owned and operated by the
City as such laws ordinances rules and regulations exist or may hereafter be amended or
adopted. If Lessor notifies Lessee or any of its officers, agents, employees, contractors,
subcontractors licensees or invitees of any violation of such laws, ordinances, rules or
regulations Lessee shall immediately desist from and correct the violation.
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.
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.
EAN Holdings, LLC
Terminal Building Lease
Page 10 of 14
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 authority, transportation problems and/or any other cause beyond the reasonable
control of the parties.
31. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted
by proper order, resolution, ordinance or other authorization of the entity Each party is fully
entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
EAN Holdings, LLC
Terminal Building Lease
Page 11 of 14
32. 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.
33. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference, contains
the entire understanding and agreement between Lessor and Lessee its assigns and successors in
interest, as to the matters contained herein. Any pi for 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]
EAN Holdings, LLC
Terminal Building Lease
Page 12 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the
the
"wici day of /! , 2013.
CITY OF FORT WORTH:
By: %6--"ssaIliftith
Fernando Costa
Assistant City Manager
Date: /0/17/13
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
gaier , 2013.
•
. ._LL Ido. : 1I _ -
•
o,. s EVONIA DANIELS
4 _ I Notary Public, State of Tex
=,y,�•�,,= My Commission Expires
*%u,°;,ftj'' July 10, 2017
APPROVED AS" 'TO + OR
AND LEGALITY:
�r y p fly
.e G? • uts
By: 3/6-2_.
Charlene Sanders
Assistant City Attorney
M&C: Not Required
EAN Holdings, LLC
Terminal Building Lease
Page 13of14
r
Texas
ary Public in and for the State of Texas
ATTEST:
By:
Mary J.
City Seci
day
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LESSEE: ATTEST:
EAN HOLDINGS, LLC
By:
Brent K. Russell
Vice President General Manager
•
Date: CO ! (Cr • 1 7
STATE OF TEXAS
COUNTY OF, aMS
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Brent K. 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
he executed the same as the act of EAN Holdings, LLC, for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
go?' , 2013.
Notary
EAN Holdings, LLC
Terminal Building Lease
Page 14 of 14
H G COOK
y Commission Expiris
January 5, 2015
day
FILE vlE Urta_:YrLt.eio• ryMa.slalt
L,•t:O. 77 t ;X3
Exhibit "A"
•
.0.,1w.8/1. rwos
3
J
J
D
0
NVld NOO1J -13A311Sand
T, L AAAAAA
■
r
■
0
n
SUITE SQUARE FEET
1O7A 107B 271
III 1,035
Enh=
II �'
n
■ ■
L•
i
■ i
•
F
n
O
N
O
CA
CITY OF FORT WORTH
AVIATION DEPARTMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
4201 NORTH MAIN STREET • FORT WORTH, TEXAS 76106
CITY OF FORT WORTH
TRANSPORTATION Aril racial-
FACILITIES MAT1.+.GEUE1(T WANT
ON
3ti1%E3T ITI STREET •Fd TritATM.'EC'S re
Category of tenant &/or
Operations Property Insurance
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
Yes
No
Exhibit "B"
City of Fort Worth
Aviation Insurance Requirements
General Liability
$ 3,000,000.00
Auto
tnvironmentai
Impairment
$ 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 $
$ 500,000.00 $
Mo. - Mo. Airport Tenant;
sm. premises area,
infrequent access by
others (no aircraft) No $
Hangar Tenant
(private sm aircraft) No
Fuel Facilities: Trucks NIA
Fuel Facilities: Tank Farm
Concessionaire:
Restaurant
Concessionaire:
Rent -a -car
Concessionaire:
Retail Shop
Yes $
$
No $
No $
300,000.00
No
N/A $
1,000,000.00 $
1,000,000.00 $
1,000,000.00 $
500,000.00
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
500,000.00
Aircraft Liability
NIA
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
Small: 1M Large:
5M
Small: 1 M Large:
5M
No
No No
No As Applicable
Small: 1M Large:
No 5M
No As Applicable
Na IAs Applicable
No No No
No No $
1,000,000.00 $ 1,000,000.00
1,000,000.00 I $ 1,000,000.00
1,000,000.00 No No
1,000,000.00 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 Lability Is maintained according to typical exposure
300,000
No
No
tangarkeepers
Liability
$ 3,000,000.00
No
No
No
No
$ 1,000,000,00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
As Applicable
N/A
No
No
No
No
No
No
No
No
No
aviationinsreg2001