HomeMy WebLinkAboutContract 44364 VTY SECRETARY
CONTRACT NO,
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
GROUND AND BUILDING LEASE AGREEMENT
LEASE SITE 35S
3300 ROSS AVENUE
This GROUND AND BUILDING LEASE AGREEMENT Lease is mace and
entered into by and between the CITY OF FORT WORTH (''Lessor"), a home rile municipal
corporation organized under the laws of the State of Texas) acting by and through Fernando Costa,
its duly authorized assistant City Manager, and OV-:10 BRONCO ASSOCIATION, INC., d/b1
VETERANS MEMORIAL AID. PAR. a FORWARD AIR CONTROLLERIS'
MUSEUM ("Lessee"),, acting y and through Jim Hodgson, its dulyauthon*zed President.
RECITALS:
WHEREAS, on or about April , 2009, Lessor and Lessee entered into City Secretary.
Contract ("CSC"') No. X 8518, a Ground and Building Lease Agreement for Lease Site 35S,
consisting sting of 96,600 square feet of ground space, which includes 3,925 square feet of storage space
and 3,157 square feet of office space("Previous ous Leases), and
WHEREAS, on April 20, 2010, Lessor and Lessee entered into CSC No. 38518-Al,
amending Previous Lease to increase t o square footage of tie Premises by adding 90,018 square
feet of ground space and
WHEREAS, the Previous Lease contained a three 3 year lease terms ending April 3 �,
20121; and
WHEREAS, Lessee has, requested, and Lessor has agreed, to execute a new ground
building lease agreement.
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 179,,536 square feet of ground s pace roue , which.
includes 3,925 square feet of storage space and 3,157 square feet of office space
("Bufldm* g,") at :fort Worts Meachain International Airport `Airport") in part Werth,
Tarrant County, Texas,s, i ent f e as Lease Site 35S, als known as 3300 Ross Avenue,
("Prermses"), as shown in Exhibit "A", attached hereto and hereby made a part of this
Lease for all purposes.
OFFICIAL I R:IIR]D
Cr 'L '00
CITY SECRETARY
TH I TX
Veterans Memorial,Air "ark—Lase site 5S FTe WORTH,TX
"ground and Building Lease
Fort Worth Meacham Airport
Page I of 19
RECEIVED AP,R 16 2013
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2* TERM OF LEASE,
2.1. Initial Term.
The initial to of the Lease ("Initial Term") shall eon -hence at 1.2-00 a.m. on
Ap6l '10, 2013 ("Effective Date") and expire at 11:59 P.M. on April 9, 2018, unless
terminated earlier as provided herein.
2.2 Renewals.
If Lessee Performs and abides by all p�rovisions and conditions, of this Lease, upon
expiration of the Initial Term of this Lease, Lessee shall have one (1) option to
renew for an. additional five (5) year term ("Renewal Term"). Iii order to exercise
an option to renew, Lessee shall notify Lessor in writing of its desire to renew this
Leaser less than ninety(9 01) days and no more than one hundred eighty(180), days
prior to the expiration of the term then in effect.
2.3. Holdover.
If Lessee holds over after the expiration of the Initial Terre, this action will create a
month-to-month tenancy. In this event, for and during the holdover period, Lessee
agrees to pay all applicable rentals, es and charges at the rates provided by
Lessor's Schedule of Rates, and Charges, or siinilarly published schedule in effect at
the time.
3. RENT,
3.1. Rates.
Lessee shall commence the payment of rent for the Ground Space on the Effective
Date. Lessee hereby promises and agrees to pay Lessor, as annual rent for the
Ground Space at a rate of$0.27 per square foot.
4",
3.2. S Condit peei'al Citions Concernin g t.-Yround Rate.
Lessee covenants and agrees that It will maintain its certification as a Not For Profit
organization pursuant to 26 U.S.C. §501(c)(3). As long as Lessee maintains its
§501(c)(3) status, the access fee shall be assessed at a Discount Rate ("Discount")
of the per square foot rate, which shall be $0.03 per square foot, payable in monthly
installments of$448.84, for an annual rate of$513 6.081.
If such certification is not maintained during the term, of this agreement, the
Discount shall cease and Lessee will be liable for the full ground rate beginning on
the date the §501(c)(3) revocation is effective, at the ground rate of the then-current
rates prescribed by the Lessor's published Schedule of Rates and Charges.
Veterans Memoiial Air Park-Lease Site 35S
Gwund and Building Le-ase
F'oTt Wortli Meacham Airport
Page 2 of 19
Alten-iatively, should the non-profit certification be revoked, Lessor, at its
discretion, may terminate this agreement immediately.
3.3 A just ments.
The rental rates under this Lease are based on Lessor's current published Schedule
of Rates and Charges. In the event that this lease cormnences on a day,other than,the
first (I't) day of' the month, the first month's rental payment shall be prorated in
accordance with the number of days remaining in that montli. Rental rates, are
subject to increase beginning October 1, 2013, and on October 1" of any subsequent
year during the 111itial and Renewal Terms, to reflect any upward change, if any, in
the Consunier Price Index for the Dallas/Fort Worth Metropolitan Area, as
announced by the United States Departn'ient 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.
3.4. Payment Dates and Late Fees.
Monthly rent payments are due on or before the first (I st) day of each month.
Payments must be received during normal working hours by the due date at the
location for Lessor's Revenue Office set forth in Section 15. Rent shall be
considered past due if Lessor has not received full payment after the tenth (I O�th) day
of the month for which payment is due. Without limiting Lessor's termination
rights as provided by this Lease, Lessor will assess, a late penalty charge of ten
percent (10%) per month on the entire balance of any overdue rent that Lessee may
accnie.
4. CONSTRUCTION AND IMPROVEMENTS.
4.1. Discretiona_Q IMp rove meats.
Lessee may, at its sole discretion, perfon-n modifications, renovations,
improvements or other construction work on or to the Premises (collectively,
"Impi-ovements") so long as it first submits, all plans, specifications and estimates
for the costs of the proposed work in writing and also requests and receives, in
writing approval ftom the Director or authorized representative ("Director") within
thirty (3�0) business days. Lessee covenants and agrees that it shall, fully comply
with all provisions of this Section 4 in the undertaking of any such Improvements.
Lessor shall take full title to any Improvements on the Premises upon the expiration
or earlier termination of tl's, Lease, provided that trade fixtures shall remain the
property of Lessee and may be removed so long as Lessee repairs any damage
caused thereby.
Vetet-ams Memorial Air Park—Lease Site 35S
Ground and Building
Fort Worth Meacham Airpoil
Page 3 of 19:
4.2. Process for Approval of Plans.
Lessee's plans for Iniprovements shall confon-n to the Airport's architectural
standards and must also receive written approval from the City's Departments of
Planning and Development, and Transportation and Public Works. All plans,
specifications, and work shall confomi to all applicable federal, state and local laws,
ordinances, rules, and regulations in force at the time that the plans are presented for
review,
4.3. Documents.
Lessee shall supply the Director with comprehensive sets of documentation relative
to any Improvement, including, at a minimum, as-built drawings of each project.
As-built drawings, shall be new drawings or redline changes to drawings previously
provided to the Director. Lessee shall supply the textual documentation in computer
fori-nat as requested by Lessor.
4.4. Bonds REguired of Lessee.
Prior to the conu-nencernent, of any Improvement, Lessee shall deliver to Lessor a
bond, executed by a corporate surety in accordance with Texas Government Code,
Chapter 22, 3, as amended, in the full amount of each construction contract or
project. The bonds shall guarantee (1) satisfactory compliance by Lessee with all
applicable requirements, terns and conditions of this Lease, including, but not
limited to, the satisfactory completion of the respective Improvements, and (ii) full
payments to all persons, firms, corporations or other entities with whom Lessee has
a direct relationship for the construction of such Improvenients.
In lieu of the required bond, Lessee may provide Lessor with a cash deposit or an
assi&nunent of a certificate of deposit in an amount equal to 125% of the full amount
of each construction contract or project. If Lessee makes cash deposit, Lessee shall
not be entitled to any interest earned thereon. Certificates of deposit shall be from a
financial institution in the Dallas-Fort Worth Metropolitan Area which is insured by
the Federal Deposit Insurance Corporation and acceptable to Lessor. The interest
earned on the certificate of deposit shall be the property of Lessee and Lessor shall
have no rights, in such interest. If Lessee fails to complete the respective
Improvements, or if claims are filed by third parties on grounds relating to such
Improvements, Lessor shall be entitled to draw down the full amount of Lessee's
cash deposit or certificate of deposit and apply the proceeds, to complete the
Improvements or satisfy the claims, provided that any balance shall be remitted to
Lessee.
Veterans Memorial Air Park,-Lease Site 35S
Ground and Building Lease
Fort Worth Meacham Airport
Page 4 of 19
4.5. Bonds Rtguired of Lessee's Contractoirs.
Prior to the corm-narks ment of any Improvement', Lessee's respective contractor
shall execute and deliver to Lessee surety performance and payment bonds in
accordance with the Texas Government Code, Chapter "253, as amended, to cover
the costs of all work performed, under such contractor's contract for such
Im prow ernents. Lessee shall provide Lessor with copies of such bonds prior to the
commencement of s. h Improvements., The bonds, shall guarantee (1) the faithful
perform ance and completion of all construction work in accordance with the final
plans and specifications as approved by Lessor and (ii) full payment for all wages
for labor and services and of all bills for materials, supplies and equipment used in
the perfon-nance of the construction contract. Such bonds shall name to both Lessor
and Lessee as dual ob�ligees. If Lessee serves as its own contractor, Section 4.4 shall
apply.
4.6. Releases by Lessor Upon tCompletion of Construction 'Work.
Lessor will allow Lessee a dollar-for-dollar reimbursement fi-orn its cash deposit
account or reduction, of its claim upon Lessor's certificate of deposit upon (i)l, where
Lessee serves as its own contractor, verification that Lessee has completed
construction work or (il), where Lessee uses a contractor, receipt of the contractor's
invoice and verification that the contractor has completed its work and released
Lessee to the extent of Lessee's payment for such work, including bills paid,
affidavits and waivers,of liens.
5, USE OF PREMISESO
Lessee hereby agrees to use the Premises solely for aviation-related purposes only and
strictly in accordance with the ten-ns and conditions of this Lease. Lessor understands, that
Lessee will use the premises from time to time to host veterans' events, and displa
veteran associated articles. Lessee shall have the right to sublease portions of the Premises
to various third parties ("Sublessees") for aviation-related purposes only under terms and
conditions acceptable to and determined by Lessee, provided that all such arrangernents
shall be in writing and approved in advance by Lessor. All written agreements executed by
Lessee to Sublessees for any portion,of the Premises shall contain ten-ns and conditions that
(i) do not conflict with Lessee's duties and obligations under this Lease, (ii) incorporate the
terms and provisions of this Lease; (Iii) restrict the use of the Premises, to aircraft storage or
1 9
other aviation or aviation related purposes acceptable to Lessor; and (1,v) treat users of the
p I
same or substantially similar facilities in a fair and non-discriminatiory manner. Lessee
shall use a standard lease form for all Sublessees and shall submit a copy of'such standard
lease fon-n, 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 1 ease 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 Les,sor's, Sponsor's,Assurances,.
Veterans Memorial Air Park—Lease Site 5S
Ground and Bull duiig Lease,
Fort Worth Meacham Airport
Page 5 of 19
........... ........... ...................... .........
6. REPORTS.,AUDITS AND RECIORDKEEPING.
Lessor reserves the right to require Lessee to provide Lessor with a written annual report, in
a form acceptable to the Director that reflects, Lessee's rental rates for the immediately
preceding calendar year. If'required, such written annual report shall be provided to Lessor
within tl-irty(3 0) days following the end of'the preceding calendar year. Lessor may request,
and Lessee, shall promptly provide, similar reports on a more frequent basis that reflect
Lessee"s rental rates for the,period requested by Lessor. These reports shall be delivered to
Lessor's Department of Aviation at the address provided in Section 15. In addition, Lessee
shall keep and maintain books and records pertaining to Lessee's operations at the Airport
mid other obligations hereunder in accordance with Lessee's current basis of accounting or,
if Lessee changes, such basis, in a manner satisfactory to Lessor's li-iternal Auditor and at a
location within the City of Fort Worth., Lessee's basis of accounting will be deemed to be
to the satisfaction of Lessor's Internal Auditor if it is in compliance with industry standards,
or generally accepted accounting principles, (GAAP). Upon Lessor's, request and following
reasonable advance notice, Lessee will make such books, and records available for review by
Lessor during Lessee's normal business hours. Lessor, at Lessor's sole cost and expense,
shall have the right to audit such books and records in order to ensure compliarice with the
terms of this Lease and the Sponsor's Assurances made by Lessor to, the Federal Aviation
Admii-dstration.
7. UTILITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for-the installation and use of
all utility services to all portions of the Premises and for all, other related utility expenses,
i,ncluding, but not limited to,, deposits, and expenses required for the installation of meters.
Lessee further covenants and agrees to pay all costs and expenses for any extension,
maintenance or repair of any and all utilities, serving the Premises,. In addition, Lessee
agrees that all utilities,, air conditioning, and heating equipment and other electrically
operated equipment which may be used on the Premises shall fully comply with Lessor's
Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"'), as they exist or may
hereafter be amended.
8, MAINTENANCE AND REPAIRS.
8.1,. Maintenance and Repairsby Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times, reasonable wear and tear expected. Lessee covenants, and
agrees that it will not make or suffer any waste of the Premises. Lessee, at Lessee's
sole cost and expense, will make all repairs or replacernents necessary to prevent the
deterioration in condition or value of the Prei-nises 5 including, but not limited to, the
maintenance of and repairs to all hangars and other structures, doors, windows, and
roofs, and all fixtures, equipment, hangar modifications, and surrounding pavement
on the Premises. Lessee shall be responsible for all damages caused by Lessee, its
Veterans Memorial Air P :—Lease Site 3 S
Ground and Building Lease
Fort Woith Meacham Airport
Page 6 of 19
agents, servants, employees, contractors, subcontractors, licensees or invitees, and
Lessee agrees to fully repair all such damages at Lessee's sole cost and expense.
Lessee agrees that all improvements, trade fixtures,, fumis,hings, equipment and
other personal property of every kind or description which may at any time be on the
Premises shall be at Lessees 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 suff6red
by Lessee's business or business operations, which. may be caused by the bursting,
overflowing or leaking of sewer or steam pipes, from water fi-orn any source
whatsoever, or from any heating fixtures, plumbing, fixtures, electric 'wires, noise,
gas or odors, or from causes of any other matter.
8.2. C2,ffiRfiance with ADA.
Lessee, at its sole cost and expense, agrees to keep and maintain, the Premises in full
compliance at all times with the Americans with Disabilities Act of 1990�, as
amended In addition, Lessee agrees that all improvements it makes at
the Airport shall comply with all ADA requirements.
8.3. Ins,pectionS.
8.3.1. Lessor shall have the right and privilege, through its oifficers, agents,
servants or employees, to inspect the Premises. Except in the event of an
emergency, Lessor shall conduct such inspections during Lessee's ordinary business
hours and shall use its best efforts to provide Lessee at least two (2) hours' notice,
prior to any inspection.
8.3.2. If Lessor deterinines during an inspection of the Premises that Lessee is
responsible under this Lease for, any maintenance or repairs, Lessor shall notify
Lessee in writing. Lessee agrees to begin such maintenance or repair work
diligently within tl�rty (30) calendar days following receipt of such notice and to
then complete such maintenance or repair work within a reasonable time,
considering the nature of the work to be done. If Lessee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs, within a reasonable time, Lessor may, in its discretion,
perforrn such maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement
will be due on the date of Lessee's next monthly rent payment following completion
of the maintenance or repairs.
8,.3�.3. During any inspection, Lessor may perform any obligations that Lessor is
authorized or required to perforrn under the terms of this Lease or pursuant to its
governmental duties under federal state or local laws, rules or regulations.
'"'deter-erns Memorial Air Park---use site 35S
Ground and Buiiding Lease
Fort Worth Meacham,Airport
Page 7 of 191
8.3.4. Lessee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Premises and Lessee will comply with all requirements of the Fire
Marshal or his or her authorized agents that are necessary to bring the Premises into
compliance with the City of Fort, Worth Fire Code and Building Code provisions
regarding fire safety, as, such provisions exist or may hereafter be amended. Lessee
shall maintain in proper condition accessible fire extinguishers of a,number and type
approved by the Fire Marshal or his or her authorized agents for the particular
hazard involved.
8,.4. Environmental Remediadorn
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and local enviroru-nental reg-ulations or standards. Lessee agrees that it has
inspected the Premises and is fully advised of its own. rights without reliance upon
any representation made by Lessor conceriling, the environmental condition of the
Premises. LESSEE, A T ITS SOLE COST AND EXPENSE,A GREES THA T IT
SHALL BE' FULLY RESPONSIBLE FOR THE REMED]ATION OFANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE O ' LOCAL
ENVIR ON EN L REG ULA TIONS' OR S TA NDA RDS THA T IS CA USED
BY LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES.
9. SIGNS,
Lessee rriay, at its sole expense and with the prior written approval of the Director, may
install and maintain signs on the exterior of the Premises related to Lessee's business
operations. Sucti signs, however, must be in keeping witti the size,, color, location and
manner of display of other signs at the Airport. Lessee shall maintain all such signs in a
safe, neat, s,ightly and physically good condition.
10. RIGHTS AND RESERVATIONS OF LESSOR,
I ,
Lessor hereby retains the following,fignts,and reservations,-.
10.1. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport, against obstruction, including, but not limited to,
the right to prevent Lessee frow m erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness, of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
10.2. Lessor reserves the right to develop and improve the Airport as, it sees, fit, regardless
of the desires or view of Lessee,, and without interference or hindrance by or on
behalf of Lessee. Accordingly, nothing contained in this Lease shall be construed to
Veterans M emorial Air Park—Lease S ite 3 5 S
Ground and Building Lease
Fort Worth Meacham Airport
Page 8 of 19
obligate Lessor to relocate Lessee as a result of any such Airport developments or
i mprovements.
10.3. This Lease shall be subordinate to the provisions of any existing or ftiture agreement
between Lessor and the United States Goverm-rent, which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development, maintenance or repair of Airport infrastructure.
In the event that any such existing or future agreement directly causes a material
restriction, impairmient or interference with Lessee's primary operations on the
Premises, ("Li nukation") for a period of less than seven (7) calendar days, this
Lease shall continue in full force and effect. If the Limitation lasts more than seven
(7) calendar days, Lessee and Lessor shall negotiate in good faith to resolve or
mitigate the effect of the Limitation. if.Lessee and Lessor are in good taith unable
to resolve or mitigate the effect of the Limitation, and the Limitation lasts between
seven (7) and one hundred eighty (18,0) 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 to of this Lease shall be
extended, at Lessee's option, for a period equal to the duration of'such Limitation. If
the Limitation lasts more than one hundred eighty (180), days, then (i) Lessor and
Lessee may, but shall not be required to, (a) further adjust the payn-ient of rent and
other fees or charges, (b renegotiate maintenance responsibilities and (c) extend the
to of this Lease, or (']'I) Lessee may terminate this Lease upon -thirty (301) days'
wfitten notice to Lessor.
10.4. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to, the United States Government. In this
event, any provisions of this instrument which are *Inconsistent with the provisions
of the lease to the Government shall,be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government. If any lease between Lessor
and the United States Gover u-nent executed pursuant to this Section 10.4 directly
causes a Limitation for a period of less than seven (7) calendar days, this Lease shall
continue in full f6rce 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,
(1i) 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
Veterans Memorial Air Park_Lease Site 35S
Ground and Building Lease
Fort Worth Meacham Airport
Page 9 of 19
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(1 8,0), days,, then (i) Lessor and Lessee
may, but shall not be required to, (a) farther 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 tem-iin.ate this Lease upon thirty (30) days' written
notice to Lessor.
10.5. Lessor covenants and agrees that during, the term of this Lease it will operate and
'maintain the Airport and its facilities as a,public airport consistent with and pursuant
to the Sponsor"s Assurances given by Lessor to the Ur�ited States Government
through tl,-ie Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
10.6:. Lessee's rights hereunder shall be subject to all existing, and future utility and
drainage casements and rigbts-of-way granted by Lessor for the installation,
maintenance,, inspection, repair or removal of facilities owned or operated by
electric, gas, water, sewer, communication or other utility companies. Lessee's
rights shall additionally be subject to all rights granted by any ordinance or statute
which, allows utility companies, to, use publicly-owned property for the provision of'
utility services.
101.7. Lessor agrees Lessee shall have the right of ingress and egress to and from the
Premises by means of roadways for automobiles and taxiways for aircraft including
access, during the construction phase of airport improvements, unless otherwise
agreed to in writing by both parties. Such rights shall be consistent with the rules
and regulations, with respect to the occupancy and use of airport premises as adopted
from time to time by the City of Fort Worth and by the Federal Aviation
Administration or any other state, federal or local authority.
11. INSURANCE
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.
Veterans Memorial Ah-Park—1,ease Site 35S
Ground and Building Lease
Fort Worth Meacharn Airport
Page 10 "19
11.1. AdjUstmtints to Reguired Coveraae and Linflks,
I I
Insurance requirements, inc I iucting additional types of coverage and it limits
on existing coverages, are subject to, change at Lessor's option and as necessary to
cover Lessee's and any Sublessees' operations at the Airport. Lessee will
accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
11.2. 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 expiration of any insurance policy required hereunder, it Shall
provide Lessor with a new or renewal certificate of insurance. In addition, Lessee
shall, at Lessor's request, provide Lessor with evidence that it has maintained such
coverage in full force and effect.
113, Additi"onal,Reguirements.
Lessee shall maintain its insurance with insurers 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.
The Lessee is responsible for notifying the City of any change to its insurance
coverage that amends or alters the coverage required by this lease.,
12, INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee
of Lessor. Lessee shall have the exclusive night 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 st�per*or shall not apply,ply 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 plartnership
or joint enterprise between Lessor and Lessee.
Veterans Meinoiial Air Park—Lease Site 35S
Ground and Building Lease
Foil We Meacharn Airport
Page I 1 of 19
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY ITY AND RESPONSIBILITY FOR
" ER TY LOSS, PR OPEC"TY DA A G ANDIOR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH TO ANY AND ALL PERSONS, OF ANY "ND OR
CRARACTERY W11ETHER REAL OR ASSERTED, ARISING OUT IN
CONNECTION WITH ITS USE OF THE AIRPORT UNDER THISLEASE ORWITH
THE EASING, AINTE.�.,�NCE,, US's", OCCUPANCY, EX/STENCE OR
I. CA TIO THE PREMISES, EXCEPT'EP'T T O THE EXTENT CAUSED BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS,
A GENT$,SER VA TS OR E L Y ES.
LESSEE COVENANTS AND AGREES T , AND ES TO THE EXTENT
LL O WED Y LA , WITHOUT 4 I lNG ANY DEFENSES PRO VID D B Y LA W,
HEREBY Y INDE NIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS
OFFICERS, AGENTS, SEE VA TS AND EMPLOYEES, F AND,r^ G INS, NY
AND L CLAIMS OR LA ,►;��UI T FOR EITHER PROPERTY A E OR LOSS
(INCL UDING A L L E GED DA MA GE OR L OSS TO LESSEE fS B USINESS A ND A NY
RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND, CHARACTER,
"THEE REAL OR A SSER TED,ARISING OUT OF OR IN CONNECTION WITH
LESSEE" USE OF THE .A SPORT UNDER THIS LEASE OR' WITH THE USE,
LEA SING, MA INTENANCE, 0 'CUPANCI', . STENCE OR L 0 CA TION F THE
PREMISES, EXCEPT TO THE EXTENT" CAUSED BY SHE NEGLIGENCE
INTENTION L MISCONDUCT OF LESSOR
A ITS OFFICERS AGENTS,SERVANTS
LESSEE ASSUMES L S OAS IB Y AND A GREES TO PA Y LESSON' FOR
ANY AND LL INJURIES O DAMAGES TO LESSOR'S R PER T Y WHICH
ARISE O UT OF OR I CONNECTION WITH A NY A ND A LL A CIS OR OMISSIONS'
OF LESSEE, ITS OFFICERS, A GENTS, E PL .Y ES, CONTRA S,
SUBCONTRACTORS, . ICEN E INVITEES, EXCE I" TO THE EXTENT
'
CA USED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT F LESSOR,
ITS 0FFICERS,A GENTS, SER VANTS OR EMPL 0 S.
LESSOR DOES NOT GUARANTEE POLICE PR O T"ECTIO TO .LE"SS"EE, ANY
SUBLESSEES OR' TH EIR PR PER TY. LESSOR . S OBLIGATED ONLY TO
PROVIDE SECURITY ADEQUATE TO MAINTAIN LESSOR'S CERTIFICATION
UNDER FAA REGULATIONS. LESSEE SHALL COMPLY WITH ALL
AP" `LI CA BLE RE G USA TIONS 0. THE FAA RELA TING TO IRP OR T SE CURITY.
LESSEE SHALL PAY ALL FINES IMPOSED BY THE E .P'.� O LESSOR R
LESSEE RESULTING FROM LESSEE'S OR ANY SUBLESSEES' FAILURE TO
COMPLY WIT HS S UCH FAA REG V L T. ONS OR TO PREVENT.a NT UNA UTHO Z a
PERSONS' O PARTIES FRO THEIR OBTAINING ACCESS TO THE AIR
OPERA TIO S, A F THE A POOR T FROM THE PREMISES.
Veterans em r al Air Park—use Site 35S
Ground and Building e
Fort Worth Meacham Airport
Page 12 of 19
14. TERMINATION.
In addition to termination n*ghts, contained elsewhere in this Lease, Lessor shall have the
right to terminate this Lease as follows.-
14.1. Failure by Lessee to Pay Rent
...... -, Fees or Other Chames.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten(1 0)
11 i
calendar days. If Lessee fails to pay the balance outstanding within hn such time,
Lessor shall have the right to terminate this Lease inu-nediately.
14.2. Breach, or Default by Lessee.
If Lessee commits any breach or default, other than, Lesseels failure to pay rent,
Lessor shall deliver written notice to Lessee speei ng the nature of such breach or
default. Lessee shall have thirty (30) calendar days following such written notice to
cure, a4just or correct the problem to the standard existing prior to the breach. If
Lessee fails to cure the breach or default within such time period, Lessor shall have
the,right to terminate this, Lease inu-nediately.,
14.3. Abandonment or Non-Use of the Prenu'ses,
Lessee's ,abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds, for immediate termination
of this Lease by Lessor.
14.4. Lessee"s Fm* ancial Obligations to Lessor upon der mmation,Breach or Default.
If Lessor ten-ninatesthis, Lease for any noun-payrnent of rent, fees or other charges or
for any other breach or default as provided in Sections '14.1, 14.2 or 14.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the
remainder of the term then in effect as well as all arrearag'es of rentals, fees and
pa a
charges yable hereunder. In. no event shall reentry onto or reletting of the
Premises by Lessor be construed as an election by Lessor to forfeit any of its rights
under this Lease.,
14.5. Ri2hts of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease, all lights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall vacate the Premises.
Within twenty (20) days following the effective date oftermination or expiration,
Lessee shall remove from the Premises all trade fixtures,,, tools, machinery,
equipment, materials and supplies placed on the Premises,by Lessee pursuant to this
Lease. After such time, Lessor shall have the right to take full possession of the
Veterans Memorial Air Park—Lease Site 35S
Ground and Building Lease
Fort Worth Meacham Airport
Page 13 of 19
premises, by force if necessary, and to remove any and all parties and property
remaining on any part of the Premises,. Lessee agreesthat it will assert no claim of
any kind against Lessor., its agents, servants, employees or representatives,, which
may stem from Lessor's termination of this Lease or any act incident to Lessor's
assertion of its right to terminate or Lessor's exercise of any rights granted
hereunder.
14.6. By Either P
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 one hundred eighty (180) days prior to the effective date
of such ten-nination to allow for the timely removal of all static displays, or a lesser
time if agreed to,, in writing, by both Lessor and Lessee.
15. NOTICES.
Notices required pursuant to the provisions of-this Lease shall be conclusively determined to
have been delivered when (i) ha delivered to the other party, its agents, employees,
servants, or representatives, or (11) deposited in the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: To, LESSEE.
City of Fort Worth OV-110 Bronco Association
Aviation Department P.O. Box 1619,66
4201 N Main St, Suite 200 Fort Worth, Texas 76161
Fort worth, Texas 76106
1.6. ASSIGNMENT AND SUBLETTING.
16.1. In General.
Lessee shall have the right to sublease portions of the Premises as provided, by and
ire accordance with Section 5 of this Lease. Otherwise, Lessee shall not assign, sell,
convey, sublease or transfer the entirety of its rights, privileges,, duties or interests
granted by this Lease without the advance written consent of Lessor.
16.1 Conditions of Ap roved Assi meats and Subleases.
If Lessor consents, to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such
assignee, or sublessee shall be bound, by the terms and conditions, of this Lease the
same as if it had originally executed this Lease. The failure or refusal of Lessor to
Veterans Memorial Air Park—use Site 3,5S
Ground and Building Lease
Fort Worth Meacham Airport
Page 14 of 19
approve a requested assignment or sublease shall not relieve Lessee of its
I
obligations hereunder, including payment of rentals, fees and charges.
176, LIENS BY LESSEE,.,
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and
expense,, shall liquidate and discharge the same within thirty (30) days of such creation or
filing. Lessee's failure to discharge any such purported lien shall constitute a,breach of this,
Lease and Lessor may terminate this Lease upon thirty (30) days' written notice. However,
Lessee's financial obligation to Lessor to liquidate and discharge such lien, shall continue in
effect following termination of this Lease and until such a time as the lien is discharged.
18. TAXES AND ASSESSMENTS,
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises,by Lessee as a result of its occupancy.
19. COMPLIANCE WITH LAWS, ORDINANCES RULES AND R-EGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not pert'nit its officers, agents, servants, employees,
contractors,, subcontractors, patrons, licensees, or invitees to engage in any ui-Aawful use of
the Premises and Lessee inu-nediately shall remove fi-om the Prernises any person engaging
in such unlawful activities,. Unlawful use of the Premises by Lessee itself shall constitute an
iiTu-ncdiate breach of this Lease.
Lessee agrees to comply with all federal, state and local, laws; all ordinances,, rules and
regulations of Lessor; all rules and regulations established by the Director; and all rules and
regulations, adopted by the City Council pertaining to the conduct required at airports owned
and operated by the City, 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, irru-nediately, desist from and correct the
violation.
20. NON-DISCRIMINATION COVENANT,
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the bei.iefits of Lessee's use of the Premises, on the
basis of race, color, national origin, religion, disability, sex, sexual orientation, trans gender,
gender identity or gender expression. Lessee further agrees for itself, its personal
Veterans Memorial Air Park-Lease Site 35S
Ground and Building Lase
Fort Worth Meacham Airport
Page 1 5 of 19
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 on*gin, religion, disability,, sex, sexual
orientation, trans ender, gender identity or gender expression.
Lessee agrees to ftimish 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-Discri'mination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
If any claim, arises from an alleged violation of this non-discrimination covenant by Lessee,,
its personal representatives, successors in interest or assigns, Lessee agrees, to indemnify
Lessor and hold Lessor harmless.
21. LICENSES AND PERMITS.,
Lessee shall', at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its operations at the Airport.
22, GOVERNMENTAL POWERS#
It is understood and agreed that by execution of this Lease, Lessor does not waive or
surrender any of its governmental powers,.,
23. NO WAIVER.
The failure of Lessor to insist -upon the perforitiance, of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist
upon appropriate performance or to assert any such right on any future occasion.
24. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision, of -this Lease or of Lessee's operations on the Premises, venue for such action
shall lie in state courts located in Tarrant County, Texas or -the United States District Court.
for the Northern, District of Texas, Fort Worth Division. This Lease shall be construed in
accordance with the laws of the State of Texas.
Vetmns Memorial it Park—Lease Site 35S
Ground and Building,Lease
Fort Worth Meachain Airport
Page 16 of 19
25, ATTORNEYS" FEES.
In the event there should be a,breach or default under any provision ofthis Lease and either
party should retain attorneys or incur other expenses for the collection of rent, fees or
charges,, or the enforce-nent of perfon-nance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys' fees.
2610 SIEVERABILITY,
If any provision of this Lease shall be held to be invalid, illegal or -unenforceable, the
validity, legality and enforceability of the remaining provisi,ons, shall not in any way be
affected or impaired.
27. FORCE MAJEURE,
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control,,
including,, but not limited to, compliance with any government law, ordinance or regulation,
acts of God, acts of omission, fires, strikes, lockouts, national disasters., wars, riots, material
or labor restrictions,,, transportation problems and/or any other cause beyond the reasonable
control of Lessor or Lessee.
28. HEADINGS NOT CONTROLLING.
Headings and titles used in this [-..ease are for reference purposes only and shall not be
deemed a part of this Lease.
29. ENTIRETY OF AGREEMENT.
This, written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire -understanding and agreement between Lessor and Lessee, its
assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written, agreei-rient 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]
Veterans Meniotial Air Park-Lease Site 35S
Ground and Building Lease
Foil Worth Meacham Airport
Page 17 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement iii multiples
on this the day of 2013.
CITY OF: FORT WORTH.
By
Fernando Costa
Assistant City Manager
Date.- 4 "I/ij
I of
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
fl-tis 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 tnerein stated.
GTY N UNDER MY HAND AND SEAL OF OFFICE this day
Y' 2013.
LAW-
EVONIA DANIELS
MY COMMISSJON EXPIRES
JU�10,f 2013
10 )ttary Fublic in and for the State of Texas,
APPROVED AS TO FORM ATTEST:
AND LEGALITY`.,,,,,----..-,,,
By: ........... '0. ...... By*-
Charlene Sanders Mary J. r
40
Assistant City Attoniey City Secretary Q
F!R)
000
M&C*. C Lk 14,
0
Date: 0 Q:Q i
0
00000
OFFICIAL RECORD
Vetei-ans Memorial Air Park—Lease Site 35S CITY SICRETARY
Ground and Building Lease
Foil Worth Meacham Airport WORTH9 TX
Page,1 8 of 19
LESSEE: ATTEST:
Off'-10 BRONCO ASSOCIATION INC,,1
d/b/a VETERANS MEMORIAL AIR PARK
and d/b/a FORWARD AIR CONTROLLER'S MUSEUM
N
By:
By:
..............
i Hod'gson
resident
Date'-_
STATE OF TEXAS §
COUNTY OF Wc,(
BEFORE ME, the undersigned authority, a Notary Public ire and for the State of Texas, on this day
personally appeared JM* 1 Hodgson, 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 OV-10 BRONCO
ASSOCIATION, INC., d/b/a VETERANS MEMORIAL AIR PARK and d/b/a FORWARD
AIR CONTROLLER'S MUSEUM and that he executed the same as the act of OV-10
BRONCO ASSOCIATION, INC..,, d/b/a VETERANS MEMORIAL AIR PARK and d/b/a
FORWARD AIR CO,NTROLLER"S MUSEUM for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
12013.
01
�.c
JONNIE RENEE' HUIT'T
Notary Public,state of Texas Notary.-IP'ublic in and for the State of Texas
�Nly Commission Expires
%050
of May 20,2014
fill
Vetemns Memorial Air Park—Lease Site 3 5 S
Ground and Building Lease
Foil Worth Meacham Airport
Page,19 of 19
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Exhibit "'B„
City of Fort Worth
Aviation Insurance Requirements
Categ"OTY of Tenant,Wor Environmental Hangar Keepers
Operations Property Insurance General Liability Auto Impairment Aircraft Liability Liability
MOM"
FBOs Yes $ 3,000,000.00 $ 1,000,000.00 1,000,1000100 NIA $ 3,1000,00011. h0'
Small:IM Large:
Flight Training $ 1,000,000.00 $ 1,000,000.001 No 5M No
Small:1M Large:
Air Taxi $1 1,0001,0100-00 $ 1,000,000.00 No 5M No
Specialized Corn.Right Small:1M Large:
Serv. $ 1,000,000.010 $ 1,000,0010.00 No 5M No
Small:1M Large:
Aerial Applications $ 1,1000,00i01-010 $ 1,10010,0i010.00 $ 1,000,000.00 5M No
Smiall:11 M Large:
Aircraft,Sales $ 1,0010,0001-010 $ 1,0010,000.00 No 5!1111 $ 1,0001,000.00.
Small:1I M Large:
Aircraft Rental 1,10010,0001.010 $ 1,0100,0010-00 No 51M $ 1,000,1000-00
Airframe or Power Plant
Repair $ 1,000,0001.00 $ 1,0100,0010.00 No No $ 1,000,000.00
Radio,Instrument or i
Propeller Repair $ 1,0010,00101-00 $ 1,000,000.00 No No, $ 1,000,1000.00
M,ulbplle Services $ $ 1)000,000.00 IVIo As Applicable As Applicable
Small:1 M Large:
l�Flying Cluibis, $ 1,000,000-00 $ 1,000,000.00 No 5M MIA
Cornmercial Tenant $ 1,01010,00101.00 $ 1,000.000-00 No As Applicable No
Commercial Tenant
Subliessele No $ 500,10010.00 $ 500,000.00 No As Applicable No
Mol.-Milo.Airport Tenant;
sm.premises area,
infrequent access,by
others(no aircraft) No $ 300,0010.DO No No No No
Hangar Tenant
(private sm.,aircraft) No No No N10 $ 300,0100 No
Fuel Facillifies:Trucks N/A N/A $ 1,000,000.00 $1 1,000,1000.00 No NIo
Fuel Facilities:Tank farm Yes $ 1 P0101010001.00 $ 1110100,000.00 $ 1,000,0010.00 No No
Concessionaire:
Restaurant $ 1,10010,000.00 $ 1,1000,101010.00 No No, No
Concessionaire: I
Rent-a-car No $ 1,101010,0001.00 $ 1 00100,0010.00 No No No
Concessionaire:
Retail Shiop No 500,0001.00 No No No No
Depends an the terms of the lease agrearnent
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
aviationiins,req2Oi01
City of F Worth, Texas
Mayor and %wfouncil CO unication
e r
'oUN�111.ACTION* Approved on 4/9/20:1,3'
DATE Ti uesday, April o9, zg��� REFERENCE O.: **C-26194
SUBJECT:
Authorize Execution of a Ground and Building Lease Agreement with oV 10 Bronco Association, Inc. d/bla
Veterans Memorial Air Park d/h/a Forward Air controller's Museum, for Lease Site 35S at Fort Forth
Meacham International Airport (COUNCIL, DISTRICT 2
RECoMMEND,ATIO N.
It is recommended that the city council authorize the execution of a ground and building lease Agreement
with OV-10 Bronco Association, Inca d/b►'a Veterans Memorial Air Park d bi/a Forward Air controller's
Museum, for lease site 35S at Fort Worth Meacham International Airport,.
DISCUSSION':
On April 281, 20091,, (M&C c-23473)the City council approved the execution of a around and hui�lding lease
Agreement with OV-10 Bronco Association, Inc. d h a Veterans Memorial Air Park d b/a Forward Air
controller's Museum O -10 Bronco Association),, filed under cite Secretary contract CSC No. 38518 for
Lease Site 35S, which consisted of 89,,518 square feet of giround space that included 3,925 square feet of
shop space and 3,'1:57 square feet of office space at Fort""worth Meacham International Airport Meacham
Airport).
On April 20, 2010, (l &C c_241 the city council approved the execution of Amendment Igo. 1 to c `c
No. 3185118 to reflect an increase in the amount of ground ,space from 89,5118 square feet to 179,536
square feet. CSC No. 38518 contained a three year lease term which expired April 30, 20112. cV-10
Bronco, Association has been on a month-to-month tenancy since May 1, 2012.
The Aviation Department received a request from off'-10 Bronco Association to execute a new lease for
Lease Site 35S. The terra of the new lease will commence April 10, 2013 and Will continue through April
g, 2018 with one option to renew for an additional five year term;. Staff is in favor of this request and feels
this partnership will he beneficial for both Meacham Airport and OV 1 o Bronco Association in preserving
and promoting the history of aviation in Fort Worth and the North Texas region.
0 " 10 Bronco Association covenants and agrees that it will maintain its certification as a non-profit
organization, pursuant to 26 U.S.C. 5011(c)(3). As long as the 501(c)(3) status is maintained, the ground
rate, as per the current Schedule of Rates, and charges of$01.32 per square foot, will he assessed at a
discounted rate of$0.03 per square foot. The total revenue received from this lease will be approximately
$5,386.08 per year or$448.84 per month. Rental rates shall he subject to an increase on October 1 st of
any gliven year, haled on the upward percentage change in the consumer Price Index for-he Dallas/Fort
Worth Metropolitan area. At no tine, however, will the adjusted rate exceed that which is in the Schedule
of Dates and charges in effect at that time.
The property is located in COUNCIL DISTRICT 2.
Logname: 55FTW OVBRONCO THIRTYFIVE SOUTH Page t of
u
FISCAL INFORMAI"IO ' / CERT"IFIC T"IO w
The Financial" Management Services Director,certifies that the Aviation Department is responsible f+ r the
collection and deposit of funds due to the City.
FUND, CENTERS:
TO Fund/Account/Centers FROM Fu nd/Account/Ce teas
PE40 491052 05511 $51386-08
CERTIFICATIONS
Submitted for-CRy, Manager's Offic Fernando Costa 6122
r1 n artment lll Welstead (540�2)I :�
Additional I of rmatim Contact Jonnie Huitt (5409)
ATTACHMENTS
1�w 55F'TW OVBR NCO 35S Exhibit. (Pubiic
L gname: 55FTW OVBRONCO THIRTYFIVE SOUTH Page 2 o�f 2