HomeMy WebLinkAboutContract 44470 (2)�' .
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FORT WORTH MCACHAIVI INTERNATIONAL AIRPORT
HANGAR AND GROUND LEASE AGRE�NI�NT
LEASE SITE S1S
3809 LINCOLN AVENUE
(MONTH-TO-MONTH)
This HANGAR AND GROLTND LEASE AGREEMENT (`�Lease") is made and entered
into by and bet�veen the CITY OF FORT WORTH ("Lessor"), a home rule municipal
corporation organized under the la�vs of the State of Tesas, acting by and through Fernando Costa,
its duly authorized Assistant City Manager, and TARRANT COUNTY COLLEGE DISTRICT
("Lessee"), a political subdivision of the State of TeYas corporation, acting by and through Erm�
Johnson Hadley, its duly authorized Chancellor.
RECITALS:
WHEIZEAS, on or about December 9, 2008, Tarrant County College District entered into City
Secreta►•y Contract ("CSC") No. 38195, a Hangar Lease Agreement for Lease Site S 1 S, consisting
of 55,667 squace feet of ground space, which includes a 29,400 square foot hangar ("Previous
Lease"); and
WHEREAS, CSC No. 38195 had a term through September 30, 2011 and currently is on a month-
to-month tenancy; and
WHEREAS, Lessee has requested, and Lessor has agreed, to execute a new hangar and ground
lease agreement.
AGREENIENT:
In considei•ation of the mutual covenants, pcomises and obligations contained hei•ein, the parties
agree as follo�vs:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 85,067 square feet of ground space ("Ground"),
including a 29,400 square foot hangar ("Hangar") ��t Fort Wocth Meacham International
Airport ("Airport") in Fort Wort11, Tarrant Cou�lt}�, Texas, identified zs Lease Site 51 S,
also known as 3809 Lincoln Ave►�ue, ("Premises"), as sho�.vn in Cxhibit "A", �ttached
hereto and hereby made a part of this Lease for all purposes.
2. T�RM OF LEASF.
This Lease shall opecate on 1 I11011tI1-t0-IIlOt1tI7 basis, COI11111e17CI11�T on the date of its
eaecution. This Lease will a�rtomatically cenew on the first (Ist) day of each month unless
I'nrrant County College District — FIGR 51 S
Hnn_�ar ,ind Ground Lease — \4onth --to-Manth
Port 1Vorth Mcachant Airport
Paee 1 of 16
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I ��'C�IVED �AY 2 3 ��i�
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. R�NT.
3.1. Rent under Initial Term
3.1.1. Hangar Rate
Lessee shall pay Lessor as monthly cent for the Hangar the sum of Six Thousand
Seven Hundred and Thi��ty Seven and 50/100 ($6,737.50).
3.1.2. Ground Rate
Lessee shall pay Lessor as monthly rent for the Ground Space the stun of Two
Thousand One Hundred and Twenty Six and 68/100 ($2,126.68).
The rental rates under this Lease are based on Lessor's ctu�rent published Schedule of Rates
and Charges. Rental rates are subject to increase beginning October 1, 2013, and on October
15` of any subsequent year during the Initial Term, to reflect any upward change, if any, in
the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area, as announced by
the United States Depa��tment of Labor or successor agency (i) for the first increase, since
the Effective Date of this Lease and (ii) for each subsequent increase, since the effective
date of the last increase; provided, however, that Lessee's rental rates shall not exceed the
then-current rates prescribed by Lessor's published Schedule of Rates and Charges for the
type or types of property similar to the type or types of property that comprise the Premises.
3.2. Rent Durin� Rene�val Terms.
Rental rates for each Renewal Term shall co►nply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same
time.
3.3. Pavment D�tes and L�te Fees.
All monthly rent payulents �ulder tliis Lease ai•e due on or befoi•e the first (1 st) day
of each month. Payments must be received dw�ing nocm�f ��vorl:ing hours by the due
date at the location for Lessor's Aviation Depaiiment as set fo��th in Section 18.
Rent shall be considered past due if Lessor has not received fi�(( payment after the
(lOth) day of the month for ��vt�ich payment is due. Lessor �-vill assess a late penalty
charge of ten percent (10%} per month on top of the entire inonth's rent foc each
month in �vhich rent is past due.
Tarrant Counry College District - HGR 51 S
lian�ar and Ground Lease- A-tondrto-Month
Fort \Vorth Me:�cham Airpurt
Puge 2 of I G
4. USE OF PI2�NIISES.
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 individua( hangars, to various third
parties ("Sublessees") for aviation-related ptuposes only under te1•ms and conditions
acceptable to and determined by Lessee, provided that all such arrangements shall be in
�vriting and approved in advance by Lessor. Al( written agreements eYecuted by Lessee to
Sublessees for any portion of the Premises shall contain terms and conditions that (i) do not
conflict �vith 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 acceptab(e to Lessor; and (iv) treat users of the same or
substantially similar facilities in a fair and non-discriminatory manner. Lessee shall use a
standard lease form for all Sublessees and shall submit a copy of such standard lease form,
including rental rates, to the Director prior to Lessee's execution of its first lease and from
time to time thereafter following any material changes to such lease form, including,
without limitation, any changes to Lessee's rental rates for portions of the Premises. Lessee
may make non-material modifications to its standard lease to the extent that such are not
contrary to Lessor's Sponsor's Assurances.
5. 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 eYpenses required for the installation of ineters.
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, Electrica(, Plumbing, Building and Fire Codes ("Codes"), as they eYist or may
hereafter be amended.
6. MAINTENANC� AND REPAIRS.
6.1. Maintenance �nd Renairs by Lessee.
Lessee agrees to keep and maintaitt the Premises in a good, clean and sanitary
condition at al( times, reasonable wear and tear eYpected. Lessee covenants and
agrees that it will not make or suffer any wlste of the Premises. Lessee, at Lessee's
sole cost and eYpense, �vill make all repairs or replacements necessary to prevent the
detei•ioration in condition or value of the Preinises, illcluding, but not limited to, tlie
maintenance of and repairs to all hangars and other structures, doors, ivindows and
roofs, and all fixtures, equipment, hangar modifications and st�rrounding pavement
on the Premises. Lessee shall be cesponsible foi• all damages caused by Lessee, its
I'arrant County College Distnet — HGR 51 S
Flangar and Ground Lease — Month-to-Month
Foit \Vorth Meacham Airport
Page 3 of 16
agents, servants, employees, contractors, subcontractors, licensees or invitees, and
Lessee agrees to fiilly repair all suc11 damages at Lessee's sole cost and e�pense.
Lessee agrees that all improve►nents, trade fixtures, fi�►•nisl�ings, equipment and
other personal property of eveiy kind or description �vhich may at any time be on the
Premises sha(1 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 se�ver or steam pipes, fi•otn water fi•om any sotu�ce
�vhatsoever, or fi•om any heating fiYtures, plumbing fixtures, electric wires, noise,
gas or odors, or fi�om causes of any other matter.
6.2. Compliance �vith ADA.
Lessee, at its sole cost and expense, agr•ees 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.
6.3. Inspections.
6.3.1. Lessor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Premises. EYcept 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
prioi• to any inspection.
6.3.2. If Lessor determines during an inspection of the Premises that Lessee is
responsib(e under this Lease for any maintenance or repairs, Lessor shall notify
Lessee in writing. Lessee agrees to begin such maintenance or repair work
diligent(y within thirty (30) calendar days following receipt of such notice and to
then comp(ete such maintenance or repair work within a reasonable time,
considering the nature of the wocic to be done. If Lessee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs tivithin a reasonable time, Lessor may, in its discretion,
pecform such maintenance or repairs on behalf of Lessee. In this event, Lessee �vill
�•eimburse Lessor for the cost of the maintenance or repairs, and stich i•eimbttl•sement
�vill be due on the date of Lessee's next monthly rent payment fol(owing completion
of the maintenance or repairs.
6.3.3. Dtiring an}� inspection, Lessoi• may perform any obligations that Lessor is
authorized or ►�equired to perform under the terms of tl�is Lease or pucsuant to its
governmental duties �u�der federal state or local la�vs, cules or regulatio�ls.
Parrant County Colle�c District — HGR � 1 S
Hangnr and Ground Lease — Mon[h-to-�-[onth
Fort Worth Meadiam Ai��ort
Page d of� 16
6.3.�3. Lessee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Pcemises 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 �vith the City of Fort Worth Fire Code and Building Code provisions
regarding fire safety, as such provisions eYist or may hereafter be amended. Lessee
shall maintain in proper condition accessible fire eYtinguishers of a nu�nber and type
approved by the Fire Marshal or his or her authorized agents for the particular
hazard involved.
6.�. 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 fiilly advised of its own rights without re(iance 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 REMEDIATION OF ANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL
ENI�IRONMENTAL REGULATIONS OR STANDARDS THAT IS CAUSED
BY LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES.
7. 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 fi•om the Airport Systems Director or authorized representative.
All such approved construction work on and improvements to the Premises shall comply
fizlly with the Americans with Disabilities Act of 1990, as amended.
8. SIGNS.
Lessee may, at its sole expense and with the prior written approval of the Director, may
instal( and maintain signs on the exterior of the Premises related to Lessee's business
ope�•ations, Such signs, however, must be in keeping with the size, color, location and
manner of display of other signs at the Airport. Lessee shall maintain all such signs in a
safe, neat, sightly and physically good condition.
9. RIGHTS AND I2ESERVATIONS OF LESSOR.
Lessor hereby retains the fo(lowing rights and reservations:
Tarrant County College District— HGR � I S
H:mgar and Ground Lease — Manth-to-Month
Fort 4Vorth hteacham Airport
Page 5 of 16
9.1. Lessor reserves the i•ight to take �ny action it considers necessary to protect tlle
aerial approaches of tl�e Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other strl�cture ��vhicl�, in the opinion of Lessor, �vould limit the usefiilness of' the
Airport, constitute a hazard to aircraft or diminish the capability of eYisting or fi�ture
avigational or navigational aids used at the Airport.
9.2. Lessor reserves the right to develop and improve the Airpo��t as it sees fit, regardless
of the desires or view of Lessee, and without interference or hindcance 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.
9.3. This Lease shall be subordinate to the provisions of any existing or fi�h�re 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 eYpenditure of
federal fiinds for the development, maintenance or repair of Airport infrastruchire.
In the event that any such existing or firture agreement directly causes a material
restriction, impairment or interference with Lessee's primary operations on the
Premises ("Limitation") for a period of less t11an 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) fiirther 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'
�vt�itten notice to Lessor.
9.�. Ducing any wac or national emergency, Lessor shall have the cight to lease any part
of the Aicport, including its landing area, to the United States Government. In this
event, any pcovisions of tliis instrument which are inconsistent with the provisions
of the (ease to the Government shall be st�spended. Lessor shall not be liable for any
loss or da►nages alleged by Lessee as a result of this action, Ho�vever, nothing in
this Lease shall prevent Lessee from plll'Slltl7� any rights it may have for
�•eimbursement fi�om tl�e United States Government. If any lease bet�veen Lesso►•
Tarrant County Col lege District — HGR 51 S
Hangar and Ground L�ase-- �donth-to-Ntonth
Fort �Vorth Meacham Airport
Pagc 6 of I6
and the United States Gove�•nment eYecuted pursuant to this Section 10.4 directly
causes a Limitation for a period of (ess than seven (7) calendal• days, this Lease shall
continue in fiill force and effect. Ifthe Limitation (asts more than seven (7) calendar
days, Lessee and Lessor sha11 negotiate in good faith to cesolve oc 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 on(y if Lessee fi►•st 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 esisted on the date
such Limitation commenced; and (iii) the term of this Lease shall be eYtended, 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.
9.5. 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 privi(eges hereunder shall be subordinate to the Sponsor's Assurances.
9.6. Lessee's rights hereunder shall be subject to all existing and future utiliTy and
drainage easements and rights-of-way gi•anted 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 pi•ovision of
utility services.
9.7. Lessor agrees Lessee shall have the right of ingress and egress to and from the
Premises by means of roadways for automobiles and taYiways for aircraft including
access ducing the construction phase of airport improvements, unless otherwise
agreed to in �vriting by both parties. Such rights shall be consistent with the rules
and regu(ations ��vith respect to the occupancy and ��se of airport premises as adopted
fi�om time to time by the City of Fort Worth and by the Federa( Aviation
Administration or any other state, federa( or local authol•ity.
Tarrant Coimty Collcda District - HGR 5 t S
Hangar amd Ground Lcase- Ntonth-to-Month
Fort �Vorth Meacham Airport
Pade 7 of 16
10. INSURANCE.
Lessee shall procure and maintain at all times, in fiill force and effect, a policy or policies of
ins�u•ance as specified herein, naming the City of Fort Worth as an additional insured and
cove►•ing all public risks related to the leasing, use, occupancy, maintenance, e�istence or
(ocation of the Premises. Lessee shall obtain the required insurance in accordance with
Erhibit "I3", the "City of Fort Worth Aviation Insw�ance Rec�uirements" attached heceto
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.
10.1. Adiustments to Required Covera�e 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.
10.2. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shal( fiirnish
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 eYpiration 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.
10.3. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of TeYas and which are satisfactory to Lessor. The policy or policies of
insucance shall be endorsed to cover all of Lessee's ope►•ations at the Airport, and to
provide that no material changes in coverage, ineluding, but not fimited to,
cance(lation, termination, non-renewal or amendment, shall be made �vitho�rt thirty
(30) days' pi•io►• �vritten notice to Lessor. Lessor shall be responsible for tlotifying
the City of any change to its insucance coverage that arnends or alters that coverage
cequiced by this lease.
farrant County College District - HCiR 51 S
Han�ar and Ground Lease— Month-laMonth
Fort 1Vorth Meacham Ai�port
Page S of 16
11. 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 eYclusive i�ight to control the details of its operations and
activities on the Premises and shall be solely responsible for the acts and omissions of its
officecs, agents, servants, employees, contractors, subcontractors, patrons, licensees and
invitees. Lessee ackno�vledges that the doctrine of resporrdeat superior shall not apply as
beriveen Lessoi• and Lessee, its officers, agents, employees, contractors and subcontractors.
Lessee fi�i�ther agrees that nothing herein shall be construed as the cceation of a pa��tnership
or joint enterprise between Lessor and Lessee.
12. 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 THE AIRPORT UNDER THIS LEASE OR WITH
THE LEASING, MAINTENAIVCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENCE OR INTENTIONAL MISCOND UCT OF LESSOR, ITS OFFICERS,
AGENTS, SERYANTS OR EMPLOYE�S.
LESSEE COT�ENANTS AND AGREES TO, AND DOES TO THE EXTENT
ALLOWED BYLAW, WITHOUT WAIVINGANYDEFENSES PROi�IDED BYLAW,
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS
OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROMANDAGAINSTANY
AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTYDAMAGE 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 DUT OF OR IN CONNECTION WITH
LESSEE'S IISE OF THE AIRPORT UNDER THIS LEASE OR WITH THE USE,
LEASING, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CA USED B Y THE NEGLIGENCE OR
INTENTIONAL MISCONDUCT OFLESSOR, ITS OFFICERSAGENTS, SERVANTS
OR EMPLOYEES.
LESSEE ASSU1t�lES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURIES OR DANIAGES TO LESSOR'S PROPERTY WHICH
ARISE OUT OF OR IN CONNECTION IVITHANYAND t1LL ACTS OR O1t�IISSIONS
OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT
Tarrant County College District — HGIZ 5 t S
t langar and Groimd Lease — A4onth-to-Month
�ort Worth Meacham Airport
Page 9 oF 16
CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR,
ITS OFFICERS, AGENTS, SER i�ANTS OR ENIPLOYEES
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE, ANY
SUBLESSEES OR THEIR PROPERTY. LESSOR IS OBLIGATED ONLY TO
PROVIDE SECURITY ADEQUATE TO 11�IAINTAIN 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 I1t�IPOSED BY 7'HE FAA ON LESSOR OR
LESSEE RESULTING FROM LESSEE'S OR ANY SUBLESSEES' FAILURE TO
COMPLY WITH SUCH FAA REGULATIONS OR TO PREt�ENT UNAUTHORIZED
PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR
OPERATIONSAREA OF THEAIRPORT FROM THE PREMISES.
13. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, c(aims 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.
14. 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 eYisted 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 fi�rther lega( 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 therefore. 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.
15. NOTICES.
Notices ►•equiced pursuant to the p1•ovisions of this Lease shall be conclusively detel•mined to
have been deliveced tivhen (i) hand-deliveced to the other party, its agents, employees,
secvants or representatives, or (ii) deposited ia the United States Mail, postage prepaid,
addressed as follo�vs:
"�arrant County College District— h[GR SIS
Hangar and Ground Lease— Month-to-Month
Fort �Vorth Meacham r�iiport
Page 10 of 16
To LESSOR:
To LESSEC:
City of Fort Worth Tarrant County College District
Aviation Department ATTN: Chancellor
4201 N Main St, Suite 200 1500 Houston Street
Fort Worth TX 76106 Fort Worth TX 76102
16. ASSIGNMENT AND SUBLETTING.
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 eYecuted this Lease.
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 Lesso►• 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 taYes or assessments which may
lawfi�lly be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
19. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawfiil use of the Pcemises.
Lessee fiu•ther agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontcactors, patrons, licensees or invitees to engage in any un(awfiil use of
tl�e Pcemises and Lessee immediately shall remove fi•om the Pcemises any person engaging
in such unla�vfi�l activities. Unla�vfial use ofthe Premises by Lessee itselfshall constitute an
immediate breach of this Lease.
Lessee agrees to comply �vith all federal, state and local laws; all ordinances, rules and
i�egulations of Lessoc; all rules and regulations established by the Director; and all rules and
T�rrant County Collcgc District — HGR S I S
Han�ar and Groimd Lcase— Month-taMonth
Fort �Voith Meucham Airport
Page I I of 16
►•egulations adopted by the City Council pertaining to the conduct requiced at airports owned
and operated by the City, as such la�vs, ordinances, rules and regulations e:cist or may
hereafter be amended or adopted. If Lessor notifies Lessee or any of its officers, agents,
employees, contractocs, 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
eYcluded from participation in or denied the benefits of Lessee's use of the Premises on the
basis of race, color, national origin, religion, disability, seY, seYual orientation, transgender,
gender identity or gender eYpression. Lessee filrther agrees for itself, its personal
representatives, successors in interest and assigns that no person shall be eYcluded 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 fi�rnish 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 shali, 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 POVVCRS.
It is understood and agreed that by execl�tion of this Lease, Lessor does not waive or
surrender any of its governmental powecs.
Tarrant County College District — HGR S I S
Hangar and Ground Lease — Mondi-ro-Month
f'ort Worth i�teacham Airpurt
Page I 2 uF 16
23. NO W�IIVER.
The failure of Lessor to insist tipon the perfo►•mance of any term or provision of this Lease
or to exercise any right granted Ilerein shall not constitt�te a waivel• of Lessor's right to insist
upon appropciate performance or to asse►�t any such right on any fi�ture occasion.
2�. VENUE AND JURISDICTION.
If any action, whether real or asserted, at la�v or in equity, arises on the basis of any
provision of this Lease or of Lessee's operations on the Pre►nises, venue for such action
shall lie in state coui�ts (ocated in Tarrant County, Te�as oc the United States District Court
for the Northern District of TeYas, Fo►-t Worth Division. This Lease shall be construed in
accordance with the laws of the State of TeYas.
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 he(d 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 MAJEITIZE.
Lessor and Lessee shall exercise every reasonable effo►�t to meet their respective obligations
as set fo►�th 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 cestrictions, transportation probfems and/or any other cause beyond the reasonable
control of Lessor or Lessee.
28. HEADINGS NOT CO1vTROLLING.
Headings and titles used in this Lease are for refecence pur�oses only and shall �1ot be
deemed a part of this Le1se.
'I'arrant County College District— HGR � I S
1lan�ar and Ground Lease— �tonth-to-h9onth
Port WoRh \�feachamAirport
Page 13 of 16
29. ENTIR�TY OF AGR�EMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement beriveen Lessor and Lessee, its
assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hei•eby declared null and void to the eYtent 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]
Tarrant County College District— HGR 51 S
Hangnr and Ground Lease—Month-ro-Month
P'ort Worth Meacham Airpurt
Puee 14 of i 6
IN WITNCSS WH�R�OF, the parties hereto have e�cecuted this Agceement in multiples
on tllis the � day of ,%�_����. , 2013.
CITY OF FORT WORTH:
I: ��LIi.1L . �� i
Fernando Costa
Assistant City Manager
Date: J� ,Z j �.3
STATE OF TEXAS
COUNTY OF TARRANT
§
r�
ti,
BEFORE ME, the undecsigned authority, a Notacy Public in and for the State of Texas, on
this day pecsonally appeared Fernando Cost1, known to me to be the person whose name is
subscribed to the foregoing instrument, and acl<nowledged 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 e�
, 2013.
CVONIA DANIELS
h-0Y COh9h11SSI0N EXPIRES
.luly 10, 2013
APPROVED AS TO FORM
AND LEGALITY:
,,. �----
By: ( / �����->� ,,�z-
Charlene Sanders
Assist�nt City Atto►�ney
. �
� � ` • '-- -
� . . ....
I'arr�nt CuuntV Collcgc Dis(rict — fiGR � I S
flnnear und Ground Lcase— titonth-to-Month
Por� 1Vorth h�(ench�m Airport
P�ge I � of 16
day
otary Public in and �'or the State of TeYas
ATTEST: ,
By:
I %� ��,
;-�.�=,�. ,
/ Mafy J. I<ayser
�City Secretary
' '�' :�-
`_� .
� ����'t'y � }1' �
I
LESSEE:
TARRANT COUNTY COLL�GE DISTRICT
By: �
Erma John
Chancellor
STATE OF TEXAS
0
�
COUNTY OF � �� ti� Y(� ��t� §
� �'�.
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Erma Johnson Hadley, known to me to be the pe►•son whose name is
subscribed to the foregoing instrument, and aclrnowledged to me that the same was the act of
TAItRANT COiTNTY COLLEGE DISTRICT and that he eYecuted the same as the act of
TARRANT COUNTY COLLEGE DISTRICT for the purposes and consideration therein
eYpressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this ���
�-, ;{�, ; , 1 , 2013.
i
\\��������P �p iurniii,,���
��'�'� �'1. • � °'�" ` R�!LI /���i
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ATTEST:
By:
i�� �
; � � �, , ,�,
day
Notary Public in and for the State of TeYas
I'arrant County Collegc Dis[rict— HGR � I S
Flnnear and Ground Le�se— ��[onth-to-��fonth
�ort \Vorth \teacham Airport
Paoe IG uf 16
„��J � ~y1
FLELD NOTES ;, �� _,-
FOR
TARRANT COUNTY JUNIOR COLLEGE
HANGAR 515 LEASE SITE AT
MEACHAM INTERNATIONAL AYRPORT
Exhibit "A”
BEING a tract of Iand s'rtuated in the J. H, Duncan Survey , Abstract No. 397; Meaciiam Internationai Airport
of the City oP Fort Worth, T�rrant Counry, Texas. Also being part of the property described as Tracts "A",
„B>', "C„ &>,F„ in the e7chibit dated 8/1.1/77 in file number D-1037 and ALso being part of the proi��i'
desczibed as Tracts "D" &"E" in the exhihit dated 2/20/8 L in file number D-1138. See attacited "EX.F�BIT "
for cnore details and more particularly describeci by the following metes and bounds:
BEGINNTNG at a'/2" imn rod found for the Southwest corner of the aforementianed Tract "F"', Meacham
International Air}�ort; from which a%z" iran rod Bears North 29 degrees 54 minutcs 15 seconds West at a
distance of 174.85 feet;
THENCE ' North 3 degrees 1 I minutes 44 secottds West a distanc:e of 244.00 feet along the Westerly Lines of
Tracts "F" &"C" to a%z" iron rod found for a carner ;
THENCE North 86 degrees 48 minutes I6 seconds Fast a distance of 46.00 feet to the Northwesterly corner
of Hangar S 1S ;
TI-iENGE North 03 degrees 11 uzinutes 44 seconds West a distance of 100.00 feet tv a%s" iron rod found for
the most Northerly Norihwest Coraer of ihe former Tract "A" ;
THENCE North 86 degrees a8 minutes 16 seconds East a distance of 85.00 feet ta the most Nartherly
Norfheast Corner o£ the former Tract "A" ;
TkIENCE South 03 degrees 11 miuntes 44 seconds East a distauce of 100.00 feet to the North side oP
Hangar SIS for a corner ;
THENCE North 86 degrees 48 minutes 16 seconds East a(ong the North side af Hangar S1S a disFance o€
IS,UO feet to the Northeasterly corner of Hangar S IS ;
1 � � 1 •-aa u � :���� ��• � •.• � .�rr. u �
1) : -v • � � - • ^ � � -
THENCE North 86 c3egrees 48 minutes I6 seconds East along the Easterly side of Han�r SI.S a distance of
25.00 feet to a comer of Haugar S1S ;
THENCE South 03 degrees 11 minutes 44 seconds East along the East side of Hangar S1S a cfistance of
100.00 feet to the Southeast corner of Hangar S1S ;
� . � :..: _ �� � . :..�. .�� �- . � .- � .� . .� �
1 1 � � . �•
TF-�NCE departing the South side of Hangar S iS on a bearzng of South 03 de8rees 11 minutes 44 seconds
East a distance of 20.10 feet to the Narthwest corner of the former Tract "E" ;
TF�NCE South 87 degrees 18 minutes 44 seconds East along the northerly iine of farmer Tract "E" a
distance of 72.53 feet to the northcasterly corner of the former Tract "E" for a corner ;
sheet i of 3 �
�
;-'\
1
,�.`
. i.` �
. )
Exhibit "A"
THENCE South 02 degrees 47 minates 16 secoads West along the westerly line of Lincotn Avenue a
distance of 20.00 feet to the southeasterty comer of the former Tract "E" for a corner ;
TF�NCE Narth 87 degrees 18 minutes 27 seconds West departing the westerly line of Lincoln Avenue a
distance of 70.43 fcet to the Point of Beginning of the former Tract "E" for a comer ;
THENCB South 03 degrees 11 minutes 44 seconds Bast along the Easteriy line of the former Tract "D" a
distance of 66.80 feet to pouit for a comer ;
TI-IENCE North 86 degrees 48 minutes 16 seconds East a distance of 50.83 feet to a comer of the former
Tract "D" ; .
'I'F�NCE South 03 degcees 11 minutes 44 seconds East a distance of 18.00 feet to a comer of the former
Tract `<D„ ;
THENC� North 86 degrees 48 minutes 16 seconds East a distance of 11.21 feEt to the westerly line of
Lincaln Avenue;
Tf�NCE South 02 degrees 47 mi.nutes 16 seconds West along the westerly line of Lincoln Avenue a
distance of 24.13 feet to a paint for a comer ;
Tt-�NCE South 86 degrees 48 minutes 16 secands West dc:parting the westerly Iine of Limcoln Avenue a
distance of 8.59 feet to a point for a corner ; �
THENCE South 03 degrees 11 minutes 44 seconds East along the Easterly line of the former Tract "D" a
distance of 36.00 feet to point for a corner ;
THENCE North 86 degees 48 minutes Ib seconds East a distance of 4.82 feet to the westerly line of
Lincotn Avenue ;
'THENCE South 02 degrces 47 minutes 16 seconds West along the westerfq Iins af Lincoln Avenue a
distance of 24.13 feet to a point for a corner ;
TFiENCE South 86 degrees 48 minutes 16 seconds West departing the westerly line of Lincoln Avenue a
distance of 2.30 feet to a point for a corner;
THENCE South 03 degrees I 1 minutes 44 seconds East along the Easterly line of the former Tract "D" a
distance of 18,OU feet to a%z" iron rod found for the Southeast corner of the fornxer Tract "D";
Ti�NCE Sauth 86 degrees 48 minutes 16 seconds 'West along the Southerly line of the former Tract "D" a
distance of I10.93 feet to the point of curvature for a non-tangent curve to the lef�, with a radius of
150,00 feet a central angle of 56 degrees 38 minutes 25 secands, a chord bearing of North 48 degcees 38
minutes 42 seconds Wes; and a chord distance of 142.32 feet;
slieet 2 of 3
i
.�
J
,� -
Exhibit "A"
TF�NCE along said non-tangent curve for an arc distance of 148.28 fc:et to the end of curvature for said
non-tangent curve to the left;
THENCE North 08 degrees 39 minutes I7 seconds West departing said non-tangent curve a c�istance of
125.b0 feet to a point for a corner ;
'I'I-�NCE North 84 degrees 29 minvtes 07 seconds East a distance of 52.50 feet to the POTNT OF
BEGINNING and containi.ng I. )529 acres or 85,(lE>7 square feet of land, more or less.
Survey Section File
Number: U636G002
Revised 6/1Q/96
mbd
sheet 3 of 3
TarrantCountyCollege 51S
DFWMaps.com
DISCLAIMER
This data has been compiled for
NCTCOG.
Various official and unofficial
sources were used to galher this
intormation. Every eifort was made
to ensure the accuracy of this
data, however, no guarantee is
given or imptied as to the accuracy
of said data.
�
��:
�
i
e Exhibit "A"
�"4��rtE� �'��fntral Tc.�c�s
LU��11(2� 1'i' �.7L��l�i��}�:�tlL.��S
Exhibit "B"
City of Fort Worth
Aviation Insurance Requirements
aiegory o enant or nwronmenta angar eepers
Operations Property Insurance General Liability Auto Impairment Aircraft Liability Llabilfty
FBOs Yes $ 3,000,000.00 $ 1,000,000.00 $ 1,000,000.00 N/A $ 3,000,000.00
Small; 1M Large:
�light Training • $ 1,OD0,000.00 $ 1,000,000.00 No 5M No
Sma11:1M Large:
AirTaxi * $ 1,000,000.00 $ 1,000,000.00 No 5M No
Specialized Com. FI(ght Small: 1M Large:
Serv. * $ 1,000,000.00 $ 1,000,000.00 No 5M No
Sma11:1M Large:
Aerial Applications ' $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000,00 5M No
Sma11:1M Large:
Aircraft Sales i $ 1,000,000.00 $ 1,000,000.00 No 5M $ 1,000,000.00
Smali; 1 M L.arge:
Aircraft Rental ` $ 1,000,OOO.QO $ 1,000,000.00 No 5M $ 1,OOQ,000.00
Airframe or Powsr Plant
Repair • $ 1,000,000.00 $ 1,00�,000.00 No No $ 1,000,000.00
Radio, Instrument or
Propeller Repalr * $ 1,000,00�.00 $ 1,OQ0,000.00 No No $ 1,OOU,000.00
Multiple Services * $ 1,000,000.00 $ 1,000,000.00 No As Applicabie As Applicable
Smali: 1 M Large:
F(ying Clubs * $ 1,000,000.00 $ 1,000,000.00 No 5M N/A
Commerclal Tenant * $ 1,000,000.00 $ 1,000,000.00 No As Applfcable No
Commercial Tenant
Sublessee No $ 500,000.00 $ 500,000.00 No As Applicahie No
Mo. - Mo. A(rport Tenant;
sm. premfses area,
infrequant access by
others {no aircraft) No $ 300,000.00 No No No No
Hangar Tenant
(private sm. aircraft) No No No No $ 300,000 No
Fuel Facilities: Trucks N/A N/A $ 1,000,000.00 $ 1,000,000.00 No No
Fue1 Facilitles: Tank Farm Yes $ 1,000,000.00 $ 1,00O,OOQ.00 $ 1,000,000.00 No No
Concassionaire:
Restaurant ; $ 1,00O,OOQ.00 $ 1,000,000.00 No No No
Concessionaire;
Rent-a-car No $ 1,000,000.00 $ 1,000,000.00 No No No
Concessionaire:
Retail Shop Na $ 500,000.00 No No No No
' Depends on fhe terms of the lease agreement
Property Insuranca requirement depends o� the lease agreement. Coverage should be replacement cost basis
Liability coverage's are to include producfs and completed operation. The policy shauld be written on an occurrence basis
Hangarkeepers Liability is maintained according to typical exposure
avlationlnsreq2001
c