HomeMy WebLinkAboutContract 60063CSC No. 60063
FORT WORTH AVIATION DEPARTMENT
ADMINISTRATION BUILDING OFFICE LEASE
MONTH -TO -MONTH AGREEMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT ("Lease") is
made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation under the State of Texas, acting by and through Roger Venables, its duly
authorized Aviation Systems Director, and BUCHANAN HAULING & RIGGING, INC.
("Lessee"), acting by and through DAVID FRANCIS, its duly authorized CHIEF FINANCIAL
OFFICER.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1,917 square feet
of office space identified as Suite L32, Lower Level, depicted on Exhibit "A", attached
hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall commence on the date of its execution ("Effective Date
and continue on a month -to -month basis until either party terminates this Agreement, for any
reason, by providing the other party with not less than 30-days written notice prior to the
effective date of such termination.
3. RENT.
3.1. Rates and Adjustments.
Lessee shall commence the payment of rent, in accordance with this Section 2, on
the "Effective Date" of this Lease. Lessee shall pay Lessor rent based on a rental
rate of $14.50 per square foot which will be payable in monthly installments of Two
Thousand Three Hundred Sixteen Dollars and 38/100 ($2,316.38), for an annual
rental rate of Twenty -Seven Thousand Seven Hundred Ninety -Six and 50/100
($27,796.50). On October 1, 2023, and on October 1st of each year thereafter during
both, the Initial Term, and any Renewal Term, Lessee's rental rate shall be adjusted
to comply with the rates prescribed for the Premises by Lessor's Schedule of Rates
and Charges in effect at the respective time. In no event shall Lessee's monthly
rental rate exceed the then -current rates prescribed by Lessor's published Schedule
of Rates and Charges for the type or types of property at the Airport similar to the
type or types of property that comprise the Premises.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 1 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3.2. Payment Dates and Late Fees.
Monthly rent payments under this Lease are due on or before the first (1st) day of
each month. Payments must be received during normal working hours by the due
date at the location for Lessor's Revenue Office as set forth in Section 18. Rent
shall be considered past due if Lessor has not received full payment on or before
the 10th day of the month for which payment is due. Without limiting Lessor's
termination rights as provided by this Lease, Lessor will assess a late penalty charge
of ten percent (10%) each month on the entire balance of any overdue rent that
Lessee may accrue.
4. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of telephone utilities and internet service. Lessee agrees that all electrically -
operated equipment which may be used on the Premises shall fully comply with the City
of Fort Worth Mechanical, Electrical, Plumbing, Fire and Building Codes, as they exist or
may hereafter be amended.
5. MAINTENANCE AND REPAIRS.
5.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises. Lessor agrees to perform
minor repairs and maintenance on a timely basis as required by the ordinary use of
the Premises under the terms of this Lease and which are not caused by any
violation thereof by Lessee. Lessor shall have the right and privilege, through
its officers, agents, servants or employees to inspect the Premises at any time. If
Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to
undertake such maintenance or repair work within thirty (30) calendar days of
receipt of notice. If Lessee fails to undertake the maintenance or
repairs recommended within this time, Lessor may, in its discretion, perform the
necessary maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the maintenance or repairs, and payment will be
due on the date of Lessee's next monthly rental payment following completion of
the repairs.
5.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times. Lessee covenants and agrees that it will not make or suffer
any waste of the Premises. Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in the same
condition as originally received, subject to ordinary wear and tear consistent with
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 2 of 16
normal use over time. Lessee is responsible for all damages caused by the
negligence or misconduct of Lessee, its agents, servants, employees, contractors,
subcontractors, patrons, licensees, invitees or trespassers.
For any portion of the Premises located in the basement of the Administration
Building, Lessee shall provide, at Lessee's own expense, and use covered metal
receptacles for the temporary storage of all trash and garbage and arrange and pay
for the sanitary transport and permanent disposal away from the Airport of all of
Lessee's trash, garbage and refuse.
5.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which
Lessor is authorized or required to do under the terms of this Lease or to perform
its governmental duties under federal, state or local rules, regulations and laws
(including, but not limited to, inspections under applicable Health, Mechanical,
Building, Electrical, Plumbing, and Fire Codes, or other health, safety and general
welfare regulations). Lessee will permit the Fire Marshal of the City of Fort Worth
or his agents to make inspection of the Premises at any time, and Lessee will comply
with all recommendations made to Lessee by the Fire Marshal or his agents to bring
the Premises into compliance with the City of Fort Worth Fire Code and
Building Code provisions regarding fire safety, as such provisions exist or may
hereafter be added or amended. Lessee shall maintain in a proper condition
accessible fire extinguisher of a number and type approved by Fire Underwriters for
the particular hazard involved. Lessor shall provide Lessee with advance notice of
inspection when reasonable under the circumstances.
6. ACCEPTANCE OF PREMISES.
Lessee agrees and covenants that it has inspected the Premises and is fully advised of its
own rights without reliance upon any representation made by Lessor concerning the
condition of the Premises. Lessee accepts the Premises in its present condition as
satisfactory for all purposes set forth in this Lease.
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 from the Airport Systems Director or authorized
representative. All such approved construction work on and improvements to the Premises
shall comply fully with the Americans with Disabilities Act of 1990, as amended.
8. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Director of Airport Systems or
authorized representative, for the parking of company vehicles and the vehicles of its
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 3 of 16
employees, licensees or invitees, subject to all ordinances and regulations of the City of
Fort Worth and all other applicable laws.
9. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for the purpose proposed to and approved by
the Department of Aviation. Any proposed change to the use and activity within the lessee
space must be approved by the Department of Aviation prior to the change occurring.
10. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport Systems
Director or authorized representative, create, install, and maintain signage. Such signs,
however, must be in keeping with the size, color, location and manner of display of other
signs throughout the Administration Building. In addition, Lessee may not install a sign
outside the Administration Building on Lessor's property without prior written approval by
the Airport Systems Director or authorized representative as to the sign's placement,
appearance, construction, and conformity with applicable City Code restrictions.
The Meacham Administration Building's location sign on Main Street is part of the
airport's Unified Signage Agreement. All associated signage panels must be approved and
procured by the lessor. The lessee will remit payment in advance to the lessor for the sign
panel cost.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition. Lessee
agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulting
from the installation, maintenance or removal of any such sign. Lessee also agrees to
remove any signs at its own expense immediately upon receipt of instructions for such
removal from the Airport Systems Director or authorized representative.
11. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon, shall immediately become
the property of Lessor.
11.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building
or other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or
future avigational or navigational aids used at the Airport.
11.3. Lessor reserves the right to close temporarily the Airport or any of its facilities
for maintenance, improvements, safety or security of either the Airport or the public
or for any other cause deemed necessary by Lessor. In this event, Lessor shall in
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 4 of 16
no way be liable for any damages asserted by Lessee, including, but not limited to,
damages from an alleged disruption of Lessee's business operations.
11.4. This Lease shall be subordinate to the provisions of any existing or future
agreement between Lessor and the United States Government which relates to the
operation or maintenance of the Airport and is required as a condition for the
expenditure of federal funds for the development, maintenance or repair of Airport
infrastructure.
11.5. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for
any loss or damages alleged by Lessee as a result of this action. However, nothing
in this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government.
11.6. Lessor covenants and agrees that during the term of this Lease it will operate
and maintain the Airport and its facilities as a public airport consistent with and
pursuant to the Sponsor's Assurances given by Lessor to the United States
Government through the Federal Airport Act; and Lessee agrees that this Lease and
Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
12. 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 specified to be maintained
by a commercial tenant 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.
12.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits
on existing coverages, are subject to change at Lessor's option and as necessary to
cover Lessee's and any Sublessees' operations at the Airport. Lessee will accordingly
comply with such new requirements within thirty (30) days following notice to
Lessee.
12.2 Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit "B", which is attached
hereto and incorporated herein for all purposes.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 5 of 16
12.3 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.
13. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or
employee of Lessor. Lessee shall have the exclusive right to control the details of its
operations and activities on the Premises and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons,
licensees and invitees. Lessee acknowledges that the doctrine of respondeat superior shall
not apply as between Lessor and Lessee, its officers, agents, employees, contractors and
subcontractors. Lessee further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between Lessor and Lessee.
14. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LL4BILITYAND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF
THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER 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 OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH
THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF
THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY
AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF
OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 6 of 16
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH
CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR..
15. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
16. TERMINATION.
Upon termination of this Lease, all rights, powers and privileges granted to Lessee
hereunder shall cease and Lessee shall immediately vacate the Premises. Lessee agrees
that it will return the Premises and all appurtenances and improvements thereon in good
order and repair and in the same condition as existed at the time this Lease was entered
into, subject to ordinary wear and tear. Lessor shall have the immediate right to take full
possession of the Premises and to remove any and all parties remaining on any part of the
Premises without further legal process and without being liable for trespass or any other
claim. Lessor shall also have the right to remove any and all fixtures or equipment that
may be found within or upon the Premises without being liable therefor. Lessee agrees that
it will assert no claim of any kind against Lessor, its agents, servants, employees or
representatives which may stem from Lessor's termination of the Lease or any act incident
to Lessor's assertion of its right to terminate.
17. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees,
servants or representatives, or (2) deposited in the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: TO LESSEE:
City of Fort Worth Buchanan Hauling & Rigging, Inc.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc. Suite L32 Page 7 of 16
Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106-2749
18. ASSIGNMENT AND SUBLETTING.
David Francis
4625 Industrial Road
Fort Wayne, IN 46825
(260) 918-1742
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lessor. Any such
transaction attempted by Lessee without prior written consent by Lessor shall be null and
void. If Lessor consents to any such transaction, the respective assignee or sublessee shall
consent to comply in writing with all terms and conditions set forth in this Lease the same
as if that party had originally executed this Lease.
19. 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 fling. Lessee's failure to discharge any such purported lien shall constitute a breach of
this Lease and Lessor may terminate this Lease immediately. However, Lessee's financial
obligation to Lessor to liquidate and discharge such lien shall continue in effect
following termination of this Lease and until such a time as the lien is discharged.
20. 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.
21. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
the Premises and Lessee immediately shall remove from the Premises any person engaging
in such unlawful activities. Unlawful use of the Premises by Lessee itself shall constitute
an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Airport Systems 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
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 8 of 16
violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist
from and correct the violation.
22. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the
basis of age, race, color, national origin, religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression. Lessee further agrees for itself,
its personal representatives, successors in interest and assigns that no person shall be
excluded from the provision of any services on or in the construction of any improvements
or alterations to the Premises on grounds of age, race, color, national origin, religion,
disability, sex, sexual orientation, transgender, gender identity or gender expression.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all
times comply with any requirements imposed by or pursuant to Title 49 of the Code of
Federal Regulations, Part 21, Non -Discrimination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by Lessee,
its personal representatives, successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
23. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its business at the Airport.
24. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does not
waive or surrender any of its governmental powers.
25. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist
upon appropriate performance or to assert any such right on any future occasion.
26. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this Lease or by Lessee's operations on the Premises, venue for such action shall lie in state
courts in Tarrant County, Texas, or the United States District Court for the Northern District
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc. Suite L32 Page 9 of 16
of Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws
of the State of Texas.
27. 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.
28. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
29. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligations as set forth in this Lease, but shall not be held liable for any delay in or omission
of performance due to force majeure or other causes beyond their reasonable control,
including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots, material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
30. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
31. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to in writing by both parties and approved by the
City Council of Lessor.
32. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the entity.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 10 of 16
Each party is fully entitled to rely on these warranties and representations in entering into
this Agreement or any amendment hereto.
[Signature Pages to Follow]
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page I I of 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the day of , 2023.
CITY OF FORT WORTH:
By:
Roger Venables
Aviation Systems Director
Date: Sep 6, 2023
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Roger Venables, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City
of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes
and consideration therein expressed and in the capacity therein stated.
GIV N UNDER MY H ND AND SEAL OF OFFICE this day
,""''', LINDSEY DENISE CROCKER
=2{v p4 'Notary Publ•ic, State of Texa
"; Comm. Expires 02-07-2026
'tor (`,s Notary ID 133573854
APPROVED AS TO FORM
AND LEGALITY:
By:
, 2023.
Jeremy Anato-Mensah
Assistant City Attorney
M&C: N/A
ary Public in and for tle State of Texas
ATTEST:
o vongIl
ao� FORr4aa
By: 0 Pa*oor�ol*isi g
Jannette S. Goodall oa4Il nEop544
City Secretary
R
A .1S22.Q.A.s
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 12 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Sm+6a .4 C4eee4e4.Hii
Barbara Goodwin
Real Property Manager
Title
LESSEE: ATTEST:
BUCHANAIH?L1NG & RIGGING, INC.
By:
Da\�d .rancis
Chief Financial Officer
Date: 06/2'3
STATE OF TEXAS
COUNTY OF
§
By: .&/ )(rag)
Shele Harrison
Notary Public Seal Stale of Indiana
Wells County
Commission 0 NPQ730194
Expfrss 11/29/20211
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared David Francis, 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 BUCHANAN
HAULING & RIGGING, INC., and that he executed the same as the act of BUCHANAN
HAULING & RIGGING, INC., for the purposes and consideration therein expressed and, in the
capacity, therein stated.
G1VEN�tJNDER MY HAND AND SEAL OF OFFICE this
day of
WI/a/2
tary Public in and for the State of Texas- '
,' Wi
Sheltie Harrison
Notary Public Seal State of Indiana
WHIs County
Commission 0 NPQ73Q194
My Commission Expires 11/29/2020
Pori Worth Meacham Intcrnafional Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32
Page 13 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
AVAIL
SUITE
1.20
un VIr
AVAIL
SUITE
L11
'[ILLS
L]
AVAIL.
SUITE
L92
1f11 Ulf
AVAIL
SUITE
L41
of wr
I\
AVAIL
SUITE L40
1rfl U1/
Port Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32 Page 14 of 16
A%IMuAN
EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS
0 J��➢n;•
Frcf.-: lj
Irs rr^ri
Ciarltlnalelal
Gerrial
LialilLy
Ilangaikeepms
LlaLilit't
Ernirmnlnenlal
IMOtrllerd
LIuLIICg
Mail aril PMstseuglRv
LlaCilL"
!
Amlernabile Lia'bifly (i'c
klclud*llirelt &tl+,ra.+nL+J
Veindkesl
Fined f]sie14paulors l;FBO's('
vet;
$S,OCO,OCO
$5„011IP„000
$1,C0,111O2
$ 1,01:0.000
Aircraft Maintenance Operdlinand
Avionics or Iltslimtrent PASnlenence
C1lerinco'idian
$11000,OCO
$1,CC0,005
$ 1,000 Q O
Auretaft Maintenance Operalcc and
Mimics or fns1nlne1lt Mhirttenente
Clpemin.Tuitine
'I.
;:3,1DCOfJCO
$1,CC0,COD
S 1,O0OA0O
Micitics cc hislnatr•eml Idarilettense
uCiperalor (Bench xork Only)
$1,OCO,OCO
$ 1,OCOACO
Aircraft Rerdalaiflight Tithing
Ciperalcr
,i,
$d,OCClACO2
$dUCOACQIaccurretncc
S 102 17!DCO
'S.
$1r➢Cf.00Cilpass n L't
Aircraft Chart. tcrAircraft
hlmlagamerd 0 eIa<ix
P
'I'
$1;00D,CO3
$5,000ACakaccurrence
$ 1,0'2 020
e.
$5000NCitpassen➢er
Aircraft Saler. OperJnr
s
$i 00N00O
$1,A00ACQiaccurrerncc
S 1.020]' i
'S
$10ClAC01pansertger
Aircraft Slur+➢e Cy i rat
'1•
$1,CO3,CO3
$i3O00,010
'S
$S 1110 CO p
S5,O11ClADO'
S 11,000,600
AliullunueericeSole Picfcietcr
's
$103000Ci"
$1,ACOACOInccurrmnce
$100,C000asm irger i
25t OflD
Cdhmr Carrrne(ael Aelmatllical
Alaihilies
$1,00QACO
$flC flotitccuireirce
S 1,000,1000
Tal ipa uZ' Scaclafieed;4Hcficn
Styrian Operator
$1,1D0D..O00
S30O Ofttccu rettr-e
S 1,4CO II1O
Ncn.Ocrr•ImemiaakhrigarLessee
I.
$9C0,8000occutrenr:e
$ 1,O0OMIO
Non.CnrmlenstdlFlying CJU6
's
S➢,ACOACCIIuccurrance
S100A0Cdnussanuyr
$ 1,010ACO
Ncn Ccrrimer cidl Sa.iruding
Flatnlilee Out Fuel wrdltrliaiwsl
,z,
$ 1,0lifitfl
SI:203,i_I:t l
:;3C0;C001tccurrenr.e
$ 1,rDCOACO
Nm.CcirmtenchilSeII Fueling
Penrnilee
Odin -mine Falein e.o. magus)
'e`
5FIQJ,CIA
$3DClAC4lbecurnance
$ 251100111
Dan Igangar„T•Ilmigar„Community
I,lan➢ar
's
Sa➢D,ACCUaccurtence
$ 25D•ADD
Cdller
Ina Isamu rrquirantent: suLiixdiu&kernMalkin bg&in initiCepaltlmL'ntiuilt Aisk Man awl elta
&Widen ei Ih!ara?ICe RCClalrenionls
'Lase&'spcliuresarc Iabeprin,ClryID(�a,�InyWhet1':Itlj inIt II1c1L'lialin9ur:InceMMit3kle11nlllI Cily
°I I polcies MullI arn9ilde is't(iIIiyt oll'SuLecgntiun in data( 3I1 line Oli,' ilfeuslpi ury SIAS'O marl dim iinti)Jde Ai1liosl Levan)
•Tune 04 cal !fall VAnIli sha➢ be Irr1ruied runs Arid Iliuudl ItI,we+d (Temporary &ASO must nisi:, iaciuis .l a pini Lessee p
'F ulkie5 shell now ItD ex amble: Uy emit:mei/nun&• 'Milln , 91eilhat nullry Cn amend Inn teI ni tett Tines of °tru&41p, m u deciease tine Inuits of said ccreemlie
ICUM ago per alit rah el cal tje LCIuilClelrt Thu the aminage ailcrlr'I lCille at con lime n I CCrierage pm°minienlce uhau ill I:e ail uh'ilent to 'Ike mintage ce the
r•nabmrutn'idue at WWI ercruti al Lvrrclnne, but nul fuss Than the turount nall'It:ilum
3 ritual Include Neill iOmalt 'Inslructicn Cesar:Ng
s II aiurafd mloraye Lperalm is presiding vukiecaing apace ter u6crafl sucrose
e Orr); rey.ired far lltrne presiding fight hia1tuulian
e Lky1L'ncls on therm eA he kale a0reeIrlerl
e If Ycl•itcic barked Punduide • Rule iriritmlrtr. •Me•.0:1 anti i'
Avlabarb MirlrnumlStandards, City or Fart WadhMean Cep;ultrler-A(O&aaanip
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32
Page l5 of 16
DEFINITIONS:
PROPERTY INSURANCE
Coverage for the Darling includes tbut 0, rot limited tot the building and structures, completed additions to covered
buidings, ottdoor Wires, permanently lnstall`d ligrres, machinery and equipment. The bLiidng material used to
rnrintaln and Semite this i nsured's premises Is arm insured_ Hushes& Personal Property °bred by the Insured and
used In the Insured'e business Is covered for direct lass cc damage_ The coverage includes (but Is not limited to)
(unitise and Itdure5, stock, Improvements and betterments, leased fvcperty for Mich you have a Contractual
obl'gallon to Insure and several other similar business property Items %then not spec:iticetyexx Jded Irani coverage.
The potty la also deslgned to protect the Insured against loss or damage to the Personal Properly of Others airs
In the Ireured's care. custody and control.
Business income {sometimes card Business Interrupt en) ailords proteot1 n against the loss of earnrigs of a
business dudng Ibe lime requred to retul'd cc repair covered property damaged or destroyed by Ike or some ether
Insured cause o1 loss.
Extra Expense alms coverage for lihase a:Idllloral expenses over and above 2 11181 operating expenses paid due
to damage to covered property from a covered cause of loss. 'these expenses cold Include rent, Wittier:, moving
expenses, terephone, advertlairg and later_
COMMERCIAL. GENERAL
This coverage protects the Insured for bodily Injury or property damage to the Third parses, ter which they are legally
liable. The poky toms accidents occurring on the premises or sway from the premises. Coverage Is prCMded for
in)try or darneges arisng on of g^_ods or products made or sod by the named insured_ Coverage Is afforded for
lira named Insured and employees of the manned Insured; IYJNk}ver, several Individuals and organzatonr other than
the named Insured may be covered depenlilg upon certain clrcunstanoes specified In the pasty. In addltbn to tlr a
Ilnnits, the policy provides supplemental payvmerAs for attorney fees, Court costs and other expenses asaocated vrih
a claim or Ilhe defense of a tab.* sub.
Coverage A - Bodily Injury and Property Damage Liability
Bod.:y Inlay means phys'cal Irl ury, sickness or disease, including death_ Property Carnage !leans phys_'oal iryury
to tang ble property, Irdudng the resulting loss of use of that property.
Coverage 13 • Personal Injury and Advertising Injury Liabildy
Personal Flury means ta!se wrest, malcous prosecution molgrul entry or er,icton, That, slander aryl violations of
a personi s right of privacy. Advertising Injury mans llber, slander, disparagement, 1.1otatens of a persons right of
privacy, misappropriation and copyrightunfrIrhgement.
Coverage C C. Medical Payments
Medical Payments means med:cai expen s far bodily Injury caused try an aooiden1.
LIABILITY
HANGARICEPI'C[tS
Insures Ills hanger operator for legal olhltgat na to pay damages due to loss to an aircraft that occurs when tire
aircraft Is In the care, custody or ward of the Insured to safekeeping, storage, serdce et repair. Coverage
extends to lablity sirens inveNrg an aircraft's loss of use.
LIABILITY
EMr1R0411 NTr1L
insures the p011uL•on exposure assccated Win ilia insured'a properly and operaten5, Irx!uding costs of deanup and
remedial or corrective acton due to a trird•party demand or a government order. The Pcrlutbn exrcluybn In general
Iisinify InsLrance effectively eliminates coverage for damages for bodily.lnfury, properly damage and cleanup costa
arising from most types or pol'uttan events. Because or tits, customized protection for the pollition exposure or
numerous insureds In tits category Is essential.
IMPIR,MENT LIABILITY
AIRC'_RArI' AND
Coverage geared speclnally to the operaton of aircraft and the r' Ks In'.Y,Ived In ariation Aviaton Insurance
polces are drstinctty differed horn hose for other areas of transportation and tend to Incorporate avtatran
terminology, as well as terminology, limits and clauses specllls to aviation Insurance. Passenger labllty protects
passengers Eking In the ancldent aroratl Ntao are Injured or killed_ hi many countries tuts coverage Is mandatory
ony for commercial Or large aircraft. Coverage Is otlen soil on a "per•eeal" basis, w.th a specified lnt_t for each
passenger seaL
PASSENGEIt LIABILITY
AUTOMOBILE LIABI LI'f'
The Ilabilty coverage of the Duslness Auto Policy provides protecton aga;nst legal tabllly arr'ng out of the.
ottners1nlp, maintenance or use of any Irrsued automobte. The Insuring agreerrnerr, agrees to pay for belly irrury
or property damage for which the Insured Is regally responstL a because of an automotfle accident. The policy also
slates That, In addition to the payment of damages, the insurer a o agrees to defend the Insured for all legal
defense cost. The defense Is In eci'JLen to the policy limits.
ITO INCLUDE HIRED Si
NON -OWNED VEIiIOI PSI
WAIVER OF
An agreement between two partes In %%inch one party agrees to t+at,�e subrogation rights against another In the
a'ient or a loss. The Intent Is to prevent one party& Insurer front phreeeIng subrogation against the ohrar party.
SUBROGATION
Aviation Minimum Standards, City of Fut Vlcdlt Aviation Oepmtrnent (03r012014)
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Buchanan Hauling & Rigging, Inc.— Suite L32
Page 16 of 16