HomeMy WebLinkAboutContract 28273�lTY �E���A�$�
FOR.T 'W4RTH MEACHAM INTERNATION.AL ��ORT��`�� � " �
TERMINAL �iJII,Dll�iG Ok'Z+'ICE LEASE AGREEMENT
{TERNI) ,
(OFFICE SPACEr107 A&B)
Lessor: C`ITY OF FORT WORTH Lessee: FRED W. GRIFFIN
C/O DEl'ARTMENT OF AVLATION 1YIEACHAM 1NTERNATIONAL AIl�PORT
MEACIIAM INTERNATIONAL AIlZPORT 42D1 NORTI� IvIAIN STREET, SUI`T'�-240
42011�iORTH Iv3AlN STREET, SUI'TE- 242 FORT WORTH, T�XAS 7b10b
FORT WORTH, TEXAS 76106
follows:
In consideration of the mufual covenauts, praznises and obliga�ons contarned hexein, � parties agree as
1. PROPERTY LEASED. Tn accvrdauce with the terms and condit�ons of fhis Lease, Lessor hereby demisas to
Lessee and Lessec hexehy accepts and Ieases from L,essoz 268 square faet of second flooz office space id�ntafied as Suites
107A&B (tb.e "Premises"} in the Term�nal Buildiz�.g ("Terminal"} at Fort Worth Meacham Tnternational Airport
("Airport") and depicted an E��bit "A", attached Ixere�o and hereby made a part of this Lease for alI purpases;
2. TERM OF LEASE. iJntess teiYninated in accordance with the provisions of this T,ease, (i} the "Initial Term"
of this Lease will commence on the dates as of wbich both Lessor and Lessee have executed this Lease and expire on
Septembez 30, 2003 anc3 (ii} tlus Lease will au�omatzcally renew for snccessive Renewal 'Y'em�s of one (1) year each,
com�nencing at 12:Q0 A.M. on �ctober lst of each year and expiring at 11:59 P.M. tlae fo2lowing September 3p�' (each
"Rene�al Term"} �
3. RENT. During the Initial Term and any Rsnewal Terrn, Lessee shall pay Lessor mon�y rent for the Premises
in accordance wzth the rates esi�blished for the Pre�uses by the Aviation Departm�nt's Schedule of Rates and Chazges in
effect as of t�ae Effective Date of the r.espective 'i'erm. ("Reut"). Prioz to the F.fEective Date of tlus Lease, Lessee shau
pay ane (1) m.onth's reut in advance. In t�►e event khat this Lease comm,ences on a day other than the first (1 st) day of any
given monkh, the first month's rentaI payment sha�I be prorated in accordance �with tlze number of days remaining in f�tat
zn.onth.
3.2. Rent Durin¢ Renewal Terms. Ren#al xates for each Renewal T�;z�nn shali cernply with fha iates
pzescribed for the Premises by Lesso�'s published Schedule of Rates and Charges in effect ai fh� same time. Rent
payments must he zeceived by Lessor's Revenue Oifice, IOQQ Throcl�norton, Fort Warth, Texas, 76101-0976 ozx or
before the first (1 s#) day of each rnanth. Payments must be received during norinal warking hours by tha due date at the
locafian for Lessor's Reven.ue Office. l�ent shall be considered past due if i,essor has not received fu�l payment after the
(lOth} day of the montlx for which payment is due ("Past Due Date"). Without limiiing any of Lessor's rights and
remedies provided hy this Lease or applicable law for non-payment of Rent, if Lessor will assess a late penalty charge of
ten percent { 10°!0) per month an top aF the e�.tira month's rent for each rn�� in wi�ach rent is past dna. .
4. DEPOSIT. Upon execu�ion of this Lease, Lessee will remit to Lessor a �a:�aintenance/damage deposit
("Deposit") equivalent to one month's rent. Thereafter, �.essee shall, at a z�inimum, mainfain its Deposit in an aznouut
that is equivalent ta its cuirent monthly rental amount for the Prernises. However, Lessax may inerease the amount of the
Deposit to a reasanable sum in excass of one month's xent, Lessee's failure to ma.'vntaiz� i�s Deposi# as required shall
cox�stitute a breach of tl�is Lease.
Lessee's De}�osit shaIl be in the farm o� a cash payment. Lessee wiIl not be entitled ta any interest on tkais
Deposi� Unless Lessoz tez�minates khis Lease for any breach, de�ault or failure by Lessee, Lessar will refund any unused
partion of this Deposit within thirty (30) days following tha date tt�ai Lessee vacates the Premises. �essee acknawledges
that if' Y.essaz terminates this Lease for any breach, default or failure by �essee, Lessee sf�atl for�'eit tb.e entire balaxice of
its Deposit.
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Lease Agreement.Fred Gri€fin..7.07 A&B I
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5. UTILITIES. Lessor agzees and co�enants that it will pay for aTl utililies in use on tIie Premises, with the
except�on of telephone utilities. Lessee agrees kt►at ali heating equiprn�ent and ather alectrically-operated �quzpment
w}iich may be used on the Premises shall fiil�.y comply rvith the City of Fort Worth Mecbauieal, Electrical, Plumbing,
Fire and Building Codes, as they exist az may hereaftar be amended.
f. MA�iNTENANCE AND REPAlltS.
6.1. Maintenance and Reaairs bv Lessvr. Lessnr sl�.all. p:t'c�vide janitozial services �o the P�emises unless
located in the basement of tk�e Terminal. T.essoz agrees to perfozm minor repairs and maintenance on a tirns�y basis as
reguffed by ihe ordinary use of the Premises u�der fi$e terrns of khis Lease and wh�ich are not caused by any yiolat�on
thereof by Lessee. Lasspz shall have the right and privilege, thrvugh its officers, agents, servants or employees to inspect
the Pretnises at any time. If Lessor determinss th,at Lessee is zesponsible for any maintenance or repairs required on the
Preznises, it shaIl �otify Lessee in writing. Lessee agrees fo undertake such maintenance oz repair wark within thuty
(30) calendar days of receipi af notice. I£ �,essee fails tn undeztake the maintenance or repairs zacommended u+ithin this
time, Lessar may, in i#s discreaon, perfaraa. the necessary maintenance ax repai�s an behalf of I.essee. Im this event,
Lessee will reunburse Zassor for the cost nf the xnaintenance oz repairs, and payment wi]I be due on the date of Lessee's
next �zonthly rental payment following completiori of the repaiss.
6.�. Ma�ntenance and Re�airs bv Lessee. Lessee agrees �o keep and maintaii� the pr�iz�ises in a good,
cIean and sani1ary condition at all i�nes Lessee cc�vanants and agrees that it will not mal�e or s�ff�r any wast� of the
Premises. L�ssee sk�all not altow any k�oles to be drilled or made in the bnck, plaster ar cement work. Lessee will not
�ai1e or store boxes, caxtaz�s, barrels or othez similax items in a�nanner thaC is unsafe or unsightly. Upon termination of
this Lease, Lessee agrees to retura the Freznises to �,essox i�n the satne conc�ition as origiunally received, subject to
ordinary wear and teaz consistent witla nor�xial use over t'sme. Lessee is responsible for a� damages caused by the
negligence or misconduct of Lessee, its agents, servants, �mployees, contractars, subcontzactars, patrons, licensees,
invitees or trespassers. .
Far any portion of the Pze�a�aises located in ihe basement of tl�.e Tenninal, Lessee shall provide, at
Lessee's ovvn ea�pense, and use covezed metal receptacles for the temporary storage of alI trash and garbage and
arrange and pay %x the sanitary transport and petmanettt disposal away from the Aiipart of aII of Lessee's izasl�,
garbage and refuse.
6.3. Insueetian. Lessor, througl� i[s of�cers, agents, servants or employees, reseives the right to enter the
Premises at any time in ordez to perform any and all duties or ob�igations whick Lessar is authorized or raqui.red to do
under #he terms oF tivs Lease or to perfortn its governmental fluties undex federal, state ar Iocal rules, regulations and
laws (ineluding, but nnt �imited to, inspec�ions under applinable Healih, Mechanical, Bnilding, �lectrical, Pluxir�bing, and
Frre Codes, or other healfih, safety and ganeral welfare xegulatians), Lessee wi1F �ernut the Fize Marshal of the City af
Fort Worth or his agents to make inspection of the Premises at any time, aa�d Lessae will comply with all
recommendations made to Lessee by the Fire Marsha� or his agents to bri.zig the P'remises into compliance yvif,h the City
of Fort Worth Fire Code and Suildiz�g Code provisions xegarding fire safety, as such pravisians e�cist or may herea#ter �e
added or amended. Lessee shall mairntain in a praper condition accessible fire extinguishers o£ a number and type
appmved by Fire Underwriters £ox the particular hazard involved. Lessor shall provide Lessee witb, advance nati.ce of
inspection when reasonable uz�.der the circ�unstauces.
7. ACCEPTANCE UF �REMCSES.
7.1. Asbestos Abatement Ac�i�+ities. Lesse� acknaw�edges tJie FaCtSIE�dCE of asbestos-contai�eing
materirrl on the Premises. After investigation by Lessor, Lessor represents that, to the best of its knowledge, asbestos-
conta17i1Yiro matenals exist on the Yremises to the extent identifi.ed in Lassar's Level II AsbestAs Assessment Report dated
October 12, 1992, a public docnment on file in Lessor's City Secretary's Office and incorporated herein by reference for
alt pu�poses. Lessee covenants and agrees fi.o cornply with all federaI, state and local laws and regulations, now, in
existence or promnlgated in the futuze, which pertain ka asbest4s-contauting rnaterials. �,essee cov�zaants and agrees to
cooperata fully with auy asbestos abatement activity plau or �sbestos operations and maintenance plan sat forth by
T.essor. Lessee fuither covenanYs and agreas to notify and obtain �+ritten approval fcom Lessar �rior to Lessee's
tindertaking of any re�aaars, renovations, altezations ar improvemenis to the Fzennises or of any other activity which might
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disturb asbestos-containing rna.terials. Lessee agrees that it shall be solely zesponsible for all expenses oisuch activi�ies.
Lessor retaims the r�ght ta perforrn or cause to be pazivrrned air sarnpling on the Pr�mises to cheek for the presence vf
airbome asbestos fibers. Lessee agrees to allow Lessar fu11 access to the Premises to pe�rform such Yests. Lessor wi]I
make the resuits of any such tests available to Lesse� at Less�ee's request.
7.2. Lessee's Accentance of Premisas. Lessee agrees and covenauts that it has inspected tlae Premises
and is :fully advised of i�s owz� rzghts without relia�ce upon any representation made by Lessar concaining the condition
af tk�e Premises. Lessee accepts the Premises in its present condition as satisfactory for all purposes set forth in tl�is
Lease.
8. CONSTRUCTION .AND IlVD'ROVEM�+NTS. Lessee may nat undertake or allow any party to undertake
any kind of alteratian, erection, impro�emer�k or otY�er construchion wark on ar�o the Premises unless it first requests and
receives in writing approval from the Dizector of Airport Systenas or authorized represenYative. A11 such a�pro�ed
construciion woz�C on and improvements #o the Piemises shall comply fully with the Americans with Disabilities Act of
199Q, as amended.
9. PARi�i�TG. Lessee shall have tha rig�t to use f�e designated public pazking areas and, to the extent avai�iable
and in a�cordance wzth policies estatalished �� the Director of Aiaport Systems oz authorized repzesentative, to reserve
garking spaee in the pernut area knovvri as Lot B an the nnrth side of the Tern�rinal for the partcrug of company ve�icles
an� t�e vehicl�s of its empIoyees, licensees or invitees, suhjecf to all orciinances and regulatioz�s of the City of Fort
Worth anci all oth�z applicable laws.
1d. � U5E Q�' PREMISES. Lessee agrees to use the Fremises exclusively for aviai�on or aviati4n relatad
commercial activities. It is specifically agreed and siipulated that the following coneessions are prohibited under this
Lease, unless specifically apprnved by tkie Direcior of Airport Systems or authorized representative: (i} grnund
tzansportation for hire; (ii) motor vehicle rental, including taxi and lixnousine sezv�ice; {iii} food sales; (i�) barber and
vaIet services; (v) alcoholic be�erage sales; and (vi) aviation-related sales of pilot suppIies,
11. SIGNS. Lessee may, at its ocvn e�ae�n.se and with the privr written approval af the Directoz of Airport Systems
or autharized representative, creata, insf�.0 axze� znaintain signs in the Terminal ind�icating Lessee's business. Such signs,
however, rnust be in keepixig wvith tlie size, coIox, location and manner of display o£ other signs througlaout the Ter�inal.
In addition, Lessee may, at its own expens�, make, install and rnaintain a sign outside the Ternvnal on Lessor's property
suhject to prior written appraval by the Di�ector of Airport Systems or authozized representative as to the sign's
placement, appearanc�, constxuetion, and conformity with applicabl� City Code restrict�ox�s.
Lessee shall rnainta.in all signs in a safe, neat, sightly and physically good condition. Lassee agrees to pay
Lessoz for any damage, injury ar necessary repaizs to the Premises resulting frorn th� installation, maiatenan�e ar
removal of any such sign. Lessee also agrees to zeznove any sign at its own expense inomediately upan receipt of
instnsctions for such removal $ozn the Director oiAizport Systems or authori�ed representati.ve.
12. � RIGHTS ANl) RESERVAT�ONS O� LE�S�R. Lessor hereby xetains the following nights and
reservatzons:
1.2.1. AlI iu�tures atrd items permanently attacheci to any str¢cture on the Premises beZong to Lessor, and ar�y
additions or alterations �annade thereon, shall ixnmediateiy hecome the property af Lessor.
12.2. Lessox reserves the righi to take any action it considers necessary ta protect the aerial approaches af
the Airport against absiruction, including, but not Iixnited ta, the riglit ta prevent I,essee from erecting
ox pemnitiing ta be �erected any building or other struciure which, in the opinion q�'I_,essor, vvould Iimit
the usefulness of the Airport, constitute a hazaxd ta aircra�t oz diuvnish the capability of exi�ting or
future avigational or navigatzonal aids used at the ,A,i�ort.
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1�.3. Lessor reservas the rig�.t to clase temporazily the Airport or any of its faczlities for maintenance,
impzovements, safety ar security af either th� Aiuport or the �uhlic, or for any other causa deemed
necessary by Lessar. In this eveat, T.essoz shaIl in no way be liable for any damagcs asserted by
I.,essee, inc�uding, but not limited to, damages from an al�eged disrup�ion of Lessee's business
operat�nns. '
I2.4. This Lease sb.all,be subordinate to the pro�isinns of any exisiing ar fuh�re agreement beiween Lessor
and fhe United States Government w�ich relates to the aperatian or rnaintenance of �he Airport and is
required as a condition for fhe expez►diture of federal funds for the develapment, maintenance ar repair
of Airport infrastruchrre.
1.2.5. During any war or na�ional emergency, Lessar shall have the right to lease any part of tb.e Airport,
iricluding its landing area, to the Un%ted States Gavernment. Tn this �;veni, any provisions oi this
instrument which are inconsistent with the provisions af ihe lease to the Govemment shalj be
suspende�. Lessor s1�all not �e liable fox any loss oz damages allegeci by Lessee as a result of this
ac4ion. However, noElvng in this Lease s�all prevent Lessee from puzsixing any rights it may have foz
reimbursement from the United States Go�emment.
1�.6. Lessor cc�venan�s and agrees tUat draring the term of t�i.s Lease it will operate and rnaintain the Airport
and its facilities as a public auport consistent with an.d pursuant to the Sponsor's Assurances given by
Lessoz to the United States Government through tla�e �ederaI Airport Act; and L,�ssee agraes that this
I,ease and Lessee's rights aud pnivileges hereuxider shall be subordinate to the Sponsar's Assurances.
13. 1NSURANCE.
13.1. Twes of Coverage and Limits. I.,essee shall procuxe and maintain at all i:iimes, in full force and
effect, a poliey or po�icies of insurance as specified herein, na�ning the City of Fort Wortki as an additianal insured and
coverin.g all pnblic risks rel.ated to the leasing, use, oceupancy, maintenance, existence or locaiian af the Prernises.
Lessee shall obtain the %ilowi�ng insurance coverage at the limits sp�eified herein:
� Comumercial Generat Liability:
$30Q,OOQ.QO per occurrence .
(including Products and Completed 4pezat�onsJ
Tin addition, Lessee shall be responsible for all iz�surance to any approved construct�on, improvezr�ents,
modifications or xen�vations on ar to the Prem�ses and for perSonal pxopezty of Lessee ar in Lessee's care,
custody ar control.
13.2. Adiustments ta Reuuired Covera¢e and Lirnits. Ins�ance requfrements, including additional types
and lunits of coverage and inereased lim%ts on existing co�erages, are subject to change at Lessor's ogtian, and Lessee
will accordingly comply with such new requ.ir�mezrts �vithin thirty (30) days fallowilig not�ce to Lassee.
133. Certi#icates As a condi�ion precedent to the effectiv�ness of this Leas�:, Lessee sha21 furnish Lessor
with a ceriificafe of insurance signed by the undezwriter as pmof that it has obtained the types and amounts af in�,�rancc
coverage requized herein. Lessee hereby covenants and agrees �at nQt Iess than thirty (30) days prior �o �te expiration of
any insurance policy required hereundez, it shall provide Lessor with a new or zenewal certiiicate of insurance. In
addition, Lessee sl:�all, on demand, pravide Lessor wit� evidence tlaat it has nnaintan�ed such coverage in full forc� a�ad
effect.
13.4. Additional Reauirements. Less�e shali maintain its imsurance with unde�iters suthorized to do
business in the State of Texas and which are saiasfactory to Lessar. The poIicy or policies of insurance shall ba
endorsed to caver all of Lessee's operations at the airport and tv provide that na matexial changes in coverage,
includ'uig, but not ]izzLited to, cancellat�on, temvnation, non-ren�wal or amendment, sJaall be rnade �vithout thirty
(30) days' prior written no�ice to Lessor.
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I4. INDEPENDENT CONTRACTOR. It is expressly vndexstood and agceed that Lesse� shall operafe
as an independent contractor as to all rights and priviZeges granted herein, and not as an agent, repzesentative or
employee of Lessor. Lessee shall have the exclusive right to control the details of ifs operations and activities on the
Premises and sba11 be solely responsible for the acts and omissions of its of�icers, agents, servants, employees,
eontractozs, su6contractars, patroz�s, licensees and �vi,tees. Lessee aclmowledges that the docirine of respondeat
super�or shall not apply as between Lessar and Lessee, its offieers, agents, er�loyees, ca�.izactors and subcontractors.
Lessee fiut�ter agrees that nothing herein shall be construed as the creatiou of a parinersbip or joint entezprise bei�veen
T.essox amd Lessee.
15. INDEMI�TIFICATION. LESSEE HEREBY ASSUMES ALL LL4BIL,ITY AND RESpONSIBIZITY FOR
PROPERT'Y LOSS, PRO�'ERTY D,�MAGE AND/OR PERS'ONAL INJIIRY OF A1V�' SnVVD, tNCLUDING
DEATH, TO ANY AND ALL PE,R,4QNS, OF ANY%IND OR CA'A.RACTER, WH'ETHER REAL OR ASS�RTED,
ARISING OUT OF OR IN CONNECTION WITH THE IISE OF THE AIRPORT UNDER THIS LEASE OR
WITH T�TE LEASING, MAINTENANCE, i7SE, UCCUPANCY, F.XISTENCE OR iOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAffSED BY T'HE NEG�GENT .�CTS OR QMISSIONS OR
INTENTIONAL MISGONDUCT QFLESSOR
�LES,SEE C01rE'NANTS r1ND AGREES TQ, e11VD DOES HEREBY, INDEMN,I�'Y, HQLD Hr1RMLESS
AND DEFEIVD LESSOR, �TS OFFICERS, ACENTS, SERYANTS AND EMPLOYLES, FROM AND AGAINST
ANY AND AI L CZAIM,S OR LAWSU7TS FOR EITA�'R PXOPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TD I�LSSEE'S BUSINESS AND �JNY RESULTING LO�T PROFITS) AND/OR
PE�,SONAL INJUItY, INC�UD,�NG DEATH, �'O �INYAND ALL PERSONS, OFANYKIND OR C1Y�RACTER,
WHETHER REAL OR 14SSEI�TED, ARl'S`ING OUT OF OR I11r CONNECTI'ON WIT'H THE USE OF THE
AIRP�RT UNDER THIS LErlSE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPAIYCY,
EXISTENCE OR LO�'ATION OF THE PREMISE,S, EXCEPT TO THE EXTEN�' CAYlSED BP THE
NEGL�GENT ACTS OR OMISSIQNS OR INTENTIONAL MISCONDUCT QFLESSQI�
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TQ PAY LESSOR FOR ANY AN.D ALL
INJURY OR DAMAGE TO LESSQR'S PROPERTY WHICH ARISES QUT O� OR ,IN CONNECT.�ON WITH
ANY AND ALL ACTS DR OMISS'IONS OF LES�'EE, 1'TS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS', S'UBCONTRACTORS, LICENSEES, INYJ.'TEES, PATRONS OR TFESPASSERS, EXCEPT TO
THE EXTENT CAITSED BY THE NEGLIGENT ACTS OR OM15'SI'ON�' QR I1VTE�I+TIONAL MISCONDUCT OF
LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECT2"ON TO LESSEE OR ITS PROPERTY.
�ESSOR SH�lLL NOT BE RESPONSIBLE FOR INJUI�Y TO ANY PERSON ON TRE PREMISES OR FOR
HARM TO �ENY PROPERTY WHICH BELONG.S' TO LESSEE, ITS QF.FICERS, AGENTS, SERVANTS,
EMPLDYEES, CONTRACTORS, SUBCDNTRACTORS, LICENSEES,1'NVI�'EES OR PATRONS, AND T�['HICH
MA�'BE STOLEN, DESTROYED OR INANY WAYDAMAGED; AND LESSEE HEREBYINDEMNIFI'E'S AND
H�.LD.� H�RMLESS LESSOR, ITS OFFICERS, AGEN�'S, SERVANTS AND EMPLOYE,L"S FROM fIND
AGAINS'T ANY �41VD ALL SUCH CLr1IMS, EXCEPT TO ZHE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIDNS OR INTENTlr'ONAL MISCONDUCT OF LESSOR
1b. Vi'AIVER OF CHARITABLE r1VIlVI471VITi' OR �+XEMPTION. If T.essee, as a charitable associsiinn,
corporation, parfnership, indavidual snterprise or entity, claims immunity to ar an exemption from lzability for any kind
of pmperty datnage or personaT damage, injury or death, Lesse� hereby expressiy wazves its rigkts ta plead defensively
any such immunity or exemp#ion as a�ainst Lesscrr.
l y. � TERMYNATTON. Tr� addikion to any terminaizon rights provided herein, t�is Lease may be ternvnated as .
follows:
17.1. Bv E'rthe�r �ar[v. Lessor or iessee may ternunate tbis Lease for any aeason, io be effecti�e on the
expiration date of the te� in effect at the time, hy pzo�iding the other pariy with written notice not less than thirly (30)
days prior to the effectave date of such tern�inaiion.
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17.2. Airpori Development. In the event tk�at Lessor xequires the Premises {'r) as part of its plans to �urtiier
develop the Auport or (u) for �e convenience of the public's use of the Aixport, as determined by I.essor, Lessar may
te�inate this Lease by providing Lessee with written notice not lesa than one husidred eighty (180) days prior to the
effective date af such tem�ination.
1i.3. Fa�lure to Pav Ren�. IfLesse� fails to pay xe�.t for the Premises in accordance with Sec#ion 3, Lessor
sha11 provide Lessee with a wnit#en statcment of the amount due. Lessee shall have ten {10) calendar d'ays following
notice to pay the balance autstanding. I£�.essee fails to pay the fu11 amouni within such time, Lassoz shall bave the right
ko terminats this Lease immedaately. �
1'�.4. S�-each or Default bv Lessee. If Lessee commits any breach or deFault undex this Lease, other than a
failure to pay rent, Lessor sha1l deliver to Lessee a written notice specifyrng Y4ie nature af sucl� hreach or defauIt. T essee
shall have thn�ty (3�} calendar days following notice to cure, acijust or correct the pxoblem to the satisfaction of I,essar, If
Lessee fails to cure the breach, default ar failnre vvithin the iime pariod prescribed, Lessor shall b,a�+e trie right to
ternvnate this Lease nnmediaiely.
17.5. Rights of Lessor Unon Terminatian or Exniration. Upon tezzni.zxation or expiration of this Lease,
all rights, powers and prieileges gianted to Lessee hereunder shall cease aud Lessee shall irnmediately vacate
the Premises. Lessee agrees that it will return the Premises and all appurteua�aces and improvements therean in
good oxder and repair and in the same condition as existed at the tim� this �.ease was entered into, subject ta
ardinary wear and tear. Lessor shall have the immediate right to iake fu�l possession af ihe Presnises, hy £o�ce
if necessary, and to remove any and all parties re�irLg on any part o£ the Premises wiihont further legal
process and without being liahle far trespass or anq o�er clainA. J.,essor shall also have the right to rema�e any
and all fixiures or equipment tUat rnay be %und within or upon tkie Premises without being liable thezefor.
Lessee agrees that it vvill assert no claim of any 1�nd against �,essar, its agents, servants, employees or
representatives which �nay stem from Lessor's h�rmination of the Lease or any act incident to Lessor's assertion
of its right to terniinate.
18. NOTICES. Noiices required pursuant to tlze provisians of tlus Lease shall be conclusively determined to have
been deIivered when (1) l�and-delivered to fhe other party, its agents, employ�es, servants or representatives, or (2,)
deposited in the United States Mail, postage prepaid, addressed as %ilows:
To LES50R:
For Rent:
CITY OF FORT WORTH
REVENiJE OFFICE
PO BOX 97b
FORT WORTH TX 76101-0976
To LESSEE:
FRED GRIFFIN
11� W CHUACH ST.
WEATHERFORD, TX 76085
Far All Other 1Wlatters:
DEPAR'T11�NT OF AV7ATION
MEACHAM INTERNATIONAL AIlZPORT
4201 NORTH MAIN STREET, SUTTE-2QQ
FORT WQRTH TX 76106-2736
19. ASSIGNMENT AND SUBLETTING. Lessea shall not assign, sell, convey, sublet or transFer a� o:f it�
zighfs, privileges, duties ar interests granted by this Leasa without the advauce written consent of �,essoz. Az►y such
t�ansaction attempted by Lessee without prior written cons�n# by �.essor shall be uull and void. If Lessor coz�sents ta any
such transaction, the respective as'signee or subles§ee shali consant to cvmply in wniting with aI� tertns and conditions set
forth in this Lease the same as if that party had originally excauted this �.ease. �
20. LIENS BY LESSEE. Lessee acknowledges that it has no aufhority to engage in any act or ta zzualce any
contract which ma.y create or be the foundation for any lien upon th� properiy oz interest in the property of Lessor. If any
s�ch purported lien is created or ftled, Lessee, at its sote cost and exp�nse, shall liquidate and discl�rge the same within
t�vrty (30) days of such ereation or filing. Lessee's failure to disci�arge any such purported lien si�all constitute a hreach
�
of #�is Lease and Lessor may termr.nate this Lease immedaately. However, Lessee's financial obligation to Lessar to
Iiquidate axid discbarge such lien shail coniinu� in. ef£ect following t�r�tion of this Lease and until such a time as the
lien is rlischarged.
21. TA1�S �1ND ASSESSMENTS. Lessee agrees to pay any and all federal, state or local ta.�es or assessments
which uu�ay Iawfuliy be levied agaiu�st Lessee due to Lessee's use or occupancy of tha Premises ar auy improvements oz
properiy placed on the Premises by I�essee as a result of its occupancy.
22. COMPLTANCE WIT.H LAWS, DRDINANCES. RrTLFS AND R.EGiTLATIONS. Lessee covenants and
agrees that it shall not engage in any unlawfixl use of the Premises. Lessee &ukher agrees that it sl�all not pennit its
off cers, agents, servants, employeas, cont�actors, subcontractors, patrons, licensees ar invitees to engage in any unlawful
use af the Premises and �,esse� iirmn:�ediately shall remove &om the Premises any persan angag�xg in such unlar�+�Ful
activities. Unlawful use of the Premises by Lessee itself shall canstitute az� unmediate breach ofthis Lease.
Lessee agrees to cornply svith all %deral, state and iocallaws; alI ordinances, rules aud regulatians o:f the City
of Fort Wox�th az�.d tlxe City of Fort Worth 1'nlice, Fire and,Health Deparkmen#s; all ruIes and aregulaiions estabiished by
the F�deral Avzation Administration and the Direc�o� of Aizport Systems; and all rules and regulations adopt�d by the
City Council pertaiz�ing to the conduct requixed at aiu�parts nwned anc� operated by the City, as such laws, ardin,an.ces,
rules and regulations e�st or may, hereafter be arnended or adop#ed (collactively "Laws"}. Lessee hereby assumes full
respazisibility far #he violatinn of any Law by L.essee, its offzcers, agents, employees, eontraciors, subcontractors,
licensees or ivavitees and shaIl pay or fully indernnify the Czty for any fines or nther lawful penalties assessed for any
sucb violation If T..essor notifies Lessee or any of its afficers, agents, employees, contractors, subcontractors, Iicensees
az invit�es of an.y violation of such laws, orcirnarices, zu,les o:t regulalaons, Lessee shall imnnecliately desist from and
correct the violation.
x3. NON-DISCRIlVIINATION COVENANT. T,essee, for itself, its personal representatives, successors in
intezest and assigns, as part of the considexaiian herein, agre�s as a covenant running with the land that no person sI�all be
excluded fram parb.cipaiaon in or denied the benefit� of i,essee's use of the Premises on the basis of race, coIor, national
ozigin, zsligian, k�dicap, sex, sexual orientation or familial status. i,essee further agrees for itself, its personal
representatives, successozs in. interest and assigns that no person shall be excluded from the provision of any ser�ces on
az im the co�shuc�io�► of any improvements or alt�a#ians to the Fremises on grounc�s of zace, color, nafiional origin,
religion, h�ndicap, sex, se�cuat orientation or iamilial status.
I,ess�e agrees to iurnish its accommadatio�s and to pzice its goods and services on a fair and equal basis to aIl
persons. Iu addition, L,�ssee covenants and agrees that it wz1l at all times comply with any requirements imposed by or
pursuant to Title 49 af tlae Code af Pederal Regulations, Part 21, Non-Discr+m;nation isi Federally Assisted Progranas of
the Depatbmemt ofTranspvrtation azid wit.� any amendrn�nts to this xegulation which may hereafter be enac#ed.
, If any claim azises from an alieged violaiian of this non disciimination covenant by L�ssee, its personal
zepresentatives, successors in interest or assigns, Lessee �grees to indeznnify Lessar aztd hold Lessor harmless.
�4. LYCENSES AND PERMITS. I.essee shalt, at i�s sole expense, obtain and keep isi effect all licenses and
perrnits necessary %r the operation a#` its business at the Airport.
25. GOVERNMENTAL POWERS. �t i.s understaod and agreed that by execution of t3vis Lease, the City of Fort
Worth does aot waive or su=render any of its govezxaamental pawers.
26. NO WAIVER The failure of Lessar to insist upon the perforn�ance of any term ox prowision af this Lease or
fo exercise any right granted herein shall not caz�siitute a waive� of Lessor's zzg}kt to insist upon approp�iate performance
or to assert any such right on any future occasion.
2i. VENOE. Should any aciion, whether real or assarted, at Iaw or in equify, arise aut af the terans af t�is Lease or
by Lessee's operatians on the Premises, venue for such action shall lie in state cowrts in Tarrant Caunty, Texas or the
United States District Court far the Northertr District of Texas, Fort Warth Division. This Lease shall be construed in
accordance wiih the laws of the State of Texas.
ti8. ATTORNEYS' FEES. In any action bzought by Lessor far the enforcement of ihe obligations of Lessee,
X.essor sha11 be entitled to recover interest an8 reasanable attomeys" fees.
7
24. SEVERABILITY. If any provision of fihis Lease sha11 be held to be in�aIid, illegal or unenforceable, the
validzty, lega�ity and enfarceability oF t�e remain�ng provisions shall not in azry way be affected or impaired.
3�. FORCE MAJEiTRE. Lessax and Lessee shall exercise every zeasonable effort to meet their raspechve
obligations as set forth in tiva iease, but s�all not be heId liable far any delay in or omission of perfoimance due to foxce
majeure ar oiher causes beyand their zeasonaUle control, includi.ng, but not limited to, compliance with any gove��n.eni
law, ordinance or Yeg�xlation, acts of God, acts of omission, iyres, strii�es, lockouts, national disasters, wars, riats, rr�texial
or labor restrictions by any gpvexz�ental authority, transpartation� problems and/or any other cause beyond the
reasonahle control of the parties.
31. HEADIl�TGS NOT CONTROLLING. Headings and titles used in t.his Lease are for xeference purposes only
and shsll nat be deem�ed a part af this Lease.
32. ENTIRETY O� AGREEMENT. This vvritten instrumeni, including any documenis incorporated herein by
reference, contains the entire understanding and agreement between Lessar and Lessee, zts assigns and successors in
interest, as to the znatters contained herain. Any prior or conteznparaneous vral or written agreement is hereby declared
nn�l anc3 void to tlae extent in conflict wi4h any prpvisions of this Lease. T1�e tem�s and conditians of this Lease shall not
be amez�.ded uzil.ess agreed to in writing by both parti,cs an.d approved by the City Council of Lessor.
IN WITNESS WHEREOF, �he pasties hereto have executed this Lease in muttiples this �I � day of
�� 20�
CITY aF
�
ATTES'�f �
ry-� . � � , . . -
n�._ � J I A�J l+ X/Y ___./, i_ � �' B�.
City Secretary
APPROVED A5 TO FORM AND LEGA,LITY:
By: �, � �
Assistant City Attorney
M&c: � -r�� '�1►�10�;
�
STATE OF TEXA�
COUNTY OF TARRANT
BEFOAE 1VIE, the undersigned authority, a Notary Public in and #'or the State of Taxas, on this day
personally appeared Fied Gxiffiui, Ioiown to me ta be the person whose name is subscribed to the foregoing
instrument for the purpases and consideration therein expressed and in the capacity therein stated.
I /�
GN�N UNDER MY HAND ANI7 SEAL O�' OFFIGE this � ay of l)�.�.p,/ ,
��,, '�+��111i111 H N N I JI /���' -
``�t� p�w�� � �/��'
~�`�� `F�� •'�',%
ti �� �i : � � f I�.
_ �� � Not Puhlic in and for the State of Texas
= �'�c�� q�.��� :
STATE OF TEXAS ���i�� ��.,,�,� .. �• \��
�����ii���/� ���►����``�.
COUNTY OF TARIiANT & -
BEFORE ME, the undersigned aathority, a Notary Public in and foz the State of Taxas, an thi.s day
persanally appeared �_� Gt,. Q�� , loiown fo me to be the gersom whose name is snhscribed to
the foregoing instr�ment, and ac�awledged to rrie that the same was the act of the CITY OF FORT WORTH and
that he executed the same as the act af the CITY OF FORT WORTH for the puxposes and consideratian tlzerein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAI. OF OFFICE this ,p� day o� �(��
�
��
� �� now,�
� a�a•�A'�°•°�"�¢n
, � ?�i�;� .
3�..�=
� %tr�Ni�iifc�.
I
a�.n�i
����� ���
I�tr,��y I�ublic, Si'�ke nf Texas
=.�Ijr GiJIj3f1if5Sk711 F�)E�d5
.tt�ly ��, $On3
si�n� , _ . wi �
I,ease 1:greement.Fred Gri#fin.107 Pi&B
SIJl��
107A
1078
FaI�D ��I���N
�XF�i�li � A
����RII�7'I�N
8'3"X12'4"
a�3�o�z��
T�'i�,L
C
5Q. �T.
102
�66
�6�
A[LUVl�
_ FORT
��R� WORTH
DEPAR7'ME1VT OF
AVIATfON
8PlNXS
RAi� 141fOPlib Y�AR
$12.B2 $107.27 $1,287.24�
$12.62 $174.58 $2,094�.92
$2�9.85 $3,382.1G
� a�z�zoo2
C'rty o,�Fo�^t T�orth, �'exas
l��yor �nd Cou�c�E Comrnur��ca�tior�
QATE REFER�NCE NUMBER LOG NAME PAG�
121171Q2 �*�o'� 347� S�MEACHAM 1 of �
sus��cT LEASE AGREEMENT WiTH FRED W. GRlFFIN FOR OFFfCE SPACE AT FQRT
WORTH MEACHAM INTERNATiONAL A[RPORT
RECOMMENDATION:
ft is recommended that the City Council autho�iz� the City Manager to execute an annual terminal
building office lease agreement with Fred W. Griffin for 268 square feet af of�ice space on tY�e firsi flaor
of the terminal buildir�g at Forfi Worth Meacham Internafiional Airport.
DISCU5810N:
T[�� Aviation Department has received a request fram Mr. Fre� W. Griffin, to lease Suites 107A and
9078 in accordance with the Schedule nf Rates and Charges. Th� �ent will be adjusted annually on
October 1st in accordance with th� ra#e in effect at that time.
The term of the agreement wil[ b�gin on the date of executian, and expEre on Septem�er 30, 2003. The
agr�ement will auiomafically renew for an additional y�ar unless either party notifies the other 30 days
in advance of th� expiration of its intent to cancel the agreement. All terms and conditions wi�l follow
standard City and Aviation Departm�nt policies.
Totaf revenue received from this lease will be $281.85 per month, or $3,382.16 p.er year. Based o� an
assumed start date of January 1, 20Q2, the revenue that w�ll be recei�ed under ti�is �ease tor the
remaincier of the fiscal year is $3,240.00.
Th� Property is located ir� COUNCIL D15TRICT 2.
FISCAL IN�4RMATiaNICERTIFiCAT10N:
The Finance Director certifes �hat t�e Revenue S�ciion of the Finance ❑e�artment ►�v€I! be respa�sible
for tt�e collection and depasit of funds due to the City under tF�ts lease. �
MO:k
Submitted far City Managef's
Ufiice by:
Ntara occ
Originating be�artment Head:
Bridgette Garrett (Acting}
Additional Infarmatian Contact:
8476
� FUND I ACCOUNT �
� (to)
� PE40 491282
I
� (from)
CLNTER I AMOUNT I CITY SECR�TARX
o�szaa�
5403
Luis �lguezabal 5401
I �
1
1
I
� APPROV�D 12/17/02
�
�
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