HomeMy WebLinkAboutContract 28037R lJ � ,
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�ON�"RACT NO o �„ l
FORT WORTH SPIl�TKS AIRPORT -
UliTIlVIPROVED GROUI�ID LEASE AGREEMEIVT
WITH 1�7ANDATORY IlVIPROVEIViEPTTS
Thia 1TNTNIPROVED GROTTI�D LEASE AGREENiE1�TT (��Lease"} is made and
entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal
corporation organized under the laws af the �tate of Texas, acting by and through Marc Ott, its
duly authorized Assistant City Manager, and Jake Huffman ("Lessee"), an individual.
In consideration o� ihe mutual covenants, promises and obligations coz�tained herein,
Lessor and Lessee agree as foliows:
1.
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PROPERTY LEASED.
1.1. Demised Premises.
Lessor hereby demises to Lessee approximately 3,000 square �eet of unirnproved
land a� Fort Worth Spinks Airpart ("Airport") identified as Lease Site E-3 Qn Eachibit
"A", attached hereto and hereby made a part of this Lease for alj purposes {the
"Premis�s").
TERNNjI OF LEASE.
2.1. Initiai Term.
The "Initial Term" af t�is L�ase shall commence on the date af its
execution ("Effective Date") and expire at I1:59 P.M. on September 30, 2032, unl�ss
ternunated earlier as provided herein. This term shall apply to the entirety of Lessee's
PreEnises, whether leased as of the Effective Date or added to the Premises at a later date.
"}. Lessee, at Lessee's sole cost and expense, shall have the Premises surveyed and, after
Lessar and Lessee have approved such sutvey, the survey shali be ineorporated herein for
all pur�aoses and, if agreed to by both Lessor and Lessee, may be attached ta this Lease as
part o� or as a replacement to Exhibit "A".
�.� Renewals.
If Lessee perfarms and abides by all pravisions �.nd conditions of thi5 Lease, upon
expiration of the Initial Term oi this Lease, Less�e shall ha�e twa (2) consecutive rights
to renew this Lease for two (2) additianal successive terms of five (5) years each (each a
"Renew�l Term") at the rental rate for such building space at the Airport which, on the
effective date of a Renewal Term, complies with the then-current Schedule of Rates and
Charges, and on terms and canditians that may be prescribed by Lessor at the time;
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provided, however, that if Lessee does not renew this Lease in writing for a first Renewal
Term, Lessee will forgo its right �o lease ihe Premises for a second Ren�wal Term. In
order to �xercise its rights to renew this Lease for a Renewal Terrn, Lessee shall notify
L�ssor in writing of its desire to renew this Lease no less than ane hundred twenty (120)
days and no mqre than ane hundred eighty (180) days prior to the expiration of the term
then in effect.
3.
�.3. Holdover.
If Lessee halds over after the exp�ration o�i�e Initial Term or any Renewal Terrri,
this action will create a month-to-month tenancy. Tn this event, for and during the
holdover period, Lessee agrees to pay all applicable rentals, fees and charges af the rates
provided by t�e Schedule o� Rates and Charges or similarly published schedule in effect
at the time.
RENT.
3.1. Annual Rent %r Prernises.
From the date that the firs� final certificate of occupancy is issued for a structure
comprising all or any portian of the Man�atory Improvem�nts ("�ccupancy Date") until
the following Septem6ez' 30, Lessee shall pay Lessor rent far the Premi�es in accordance
with the Schedule of Ra�es and Charges in effect at the tim�. Beginning on the October 1
immediately following the issuance of such certificate of occupancy, and an October 1 of
each year th�reafter, annual rent £or the Premises shal� be adjusted in accordance with
S�ction 3.2. �
3.�. Annual Adiustment,s.
On the October 1 imrnediately follQwing the Occupancy Date, and an October 1
of each year thereafter during both the Initial Terrn a,nd any Renewal Term, Lessee's
rental rate shall be subject ta increase by Lessor to reflect the upward percentage change,
if any, in the Consumer Price Inde� for the Da11as/Fort Worth Metropolitan Area, as
announced by th� United States Department o� Labor or successor inde� and/or agency
during the �mmediately preceding tvvelve-month periad {"CPI Change") (i), for the first
increase, since the Effective Daie of this Lease and {ii) for each subsequent increase,
since the effective date of the last incr�as� ("Annual Reni Adjustment"); provided,
however, ihat Lessee's rental rate shall �ot exceed �he then-current rates prescribed by ihe
Schedule of Rates and Chaxges for the type or iypes of property at the Airpart similar to
the type ar types af property #hat comprise the Premises. If there is no CPT Change or the
CPI Change is downward, the rental rate for th� Premises shall remain constant until the
foilowing October 1st. In no event shall the rental rate for the Premises ever be adjusted
downward.
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3.3. Fivc�Year Adiustments.
In addition to the Annual Rent Adjustrnents, on Qctober 1, 2012, and every five (5)
years thereafter for the remainder o£the Initia! Term (i.e. on October 1 of 2Q17, 2022 and
2027}, rent shall automatica�ly be adjusted ta equal the then-current rates prescribed by the
Schedule of Rates and Charges for the type ar types oFproperty at the Airport similar to the
type or types of properEy that comprise the Premises.
3.4. Pavment Da�es and Late Fees.
Manthly rent paymenis are due on or hefore �he £'�rst (lst) day of each month.
Payments must be raceived during normal worlcing hours by the due date at the location
for Lessor's Revenue Of�'ice set forth in Section 16. Rent sha11 be considered past due ii
Lessor has not received full payment after the tenth (lOth) day of the month for which
payment is du�. Without Iimiting Lessor's termination rights as provided by this Lease,
Lessor will ass�ss a late penalty charge of ten percent (10°10) per month an th� entire
balance of any overdue rent that Lessee may accrue.
4. UTILITIES.
Le�see, at Lessee's sole cost and expense, shall be responsible �ar the installation and use
af all utilities service to all portions of the Premises and for all nther related utilities expenses,
including, but not limited to, deposits and expenses requirad for the installation of ineters. Lessee
further covenants and agrees to pay all costs and expenses far any e�ension, installation,
maintenance ar repair of any and all u�ilrties serving the Premises, including, but not limited to,
water, sanitary sewer, electric, gas and telaphona utilities.
5. 1VIAINTEliTAI�TCE AND REPAIR�.
�.L 1VIaintenance and Renairs bv Lessee.
Lessee agrees to keep and maintain the Premises in a goad, clea� and sani#ary
condition at all times. Lessee covenants and agrees that it will not rnake or suffer any
waste af the Premises. Lessee will, at Lessee's sale cost and expense, make all repairs
necessary to prevent the deterioration in condition or value of the Pramises, including,
but not limited to, ihe mainienance of and repairs �o alI structures, including, hut not
limited to, doors, windovvs and roofs, a.rid all fixtures, equipment, modificatsons and
pavement on the Premises. Lessee agrees t�at, except as oth�rwise expressly provided
herein, all improvements, trade fixtures, furnis�ings, equipment and other personal
property of every kind or descriptiori which may at any time.be on the Premises shall be
at Lessee's sol� risk or at the sole risk of those claiming under Lessee. Lessor shall nat
be liable for any damage to such property or Ioss suffered by Lessee's business or
business operations, which may be caused by the bursting, flverflowing or leaking of
sewer or ste�.m pipes, fram water from �.ny source whatsoever, �; :���__�y . heatin�
fixtures, plumbing fi�ures, electric wires, noise, gas or odors, or from causes of any
other matter.
5.2. Inspection.
5.2.L Lessor shall have the right and priviiege, through
servants or emplayees, to inspect the Premises. Except
emergency, Lessor shall cornduet during Lessee's ordinary
shall use its best efforts tv provide Lessee at least two (2)
inspection.
its officers, agents,
in the event af an
business hours and
hours notice prior to
�.�.�. If Lessor deiermines during an inspsction of the Premises that Lessee is
respansible under this Lease for any maintenance or repairs, Lessor shali notify
Lessee in writing. Lessee agr�es to begin such maintenance or repair work
diligenily within thirty (30) calendar days following receipt of such notice and to
then complete such maintenance or repair worl� with�in a reasonable time,
considering the na�ure of the work to be done. If L�ssee fails to begin the
recommended mainie:nance or repairs within such tim� or fails to complete the
maintenance or repairs within a reasonable time, Lessor may, in its di�cretion,
perform such maintenance or repa.irs on behalf of Lessee. In tlus event, Lesse�
will reimburse Lessar for the cost of the maintenance or repairs, and such
rcimbursem�nt will be due on t�e date of Lessee's next monthly rent payment
following comp�etion af the maintenance or repairs.
�.�.3. During any inspection, Lessor may perFarm any obligations that Lessor is
a.uthor�zed or required to perform under the terms of this Lease or pursua.nt to its
gavernmental duties under �ederal state or Iocal laws, rulss or regulations.
5.3. Enviro�mental Remedia�ian.
Lessee agrees that it has inspected the Premises and is fully advised of its own
rights without reliance upon any representation made by Lessor cancerning the
environmental condition of the premises. LESSEE, A-T ITS SOLE COST A1VD
EXPE�SE, AGREES THAT IT SHA.LL BE FULLY RESPONS�BLE F4R THE
REMEDlATlON OF .ANY VIDLATI0IV OF ANY APPLICABLE FEDL�'RAL, STA�'.L�
OR LOCAL ENVIRONMENTAL REGULATIDNS OR STANDARDS THAT IS
CAUSED BY LESSEE, ITS OFFICERS, AGEIVTS, SERYANTS, EMPLOYEES,
GONTRACTORS', SUBCOlYTRACTORS OR INVITEES Lessor shall be responssble
for the remediation of any �iolation of any appiicable federal, state or local
�nvironmental regulations that is caused by Lessor, its officers, agents, servants or
employees. For any violation of any applicabla federal, sta�e or Zocal environmental
regulations that is caused l�y a contractor of Lessor (other than Lessee}, a subcontractor,
prior tenant or other third party, Lessflr shall be responsible for the rernediation of the
same or shall take alI necessary steps to ensure that the persan or entity causing such
violatian remediates the same.
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5.4. Lessee's Acceotance of Prem'rses.
Lessee accepts the Premises in its present condition as satisfactory for all
purpases set farth in this Lease.
�.5. Deuos'rt.
On or before the Effective Date o�this Lease, Lessee shall remii to Lessor in cash
a maintenance/damage de�osit ("Deposi�f°} of $42D.00 Dollars. Unless Lessor terminates
this Lease as provided herein, Lessor will refund to Lessee any unused portion of the
Deposit within thirty (30) calendar daqs fallowing the date that Lessee vacates the
Premises. Lessee agrees that if Lessar terminates this Le�.se far any breach or default,
Lessor st�all be entitled to retain the entire balance of the Deposit as liquidated damages,
and not as a penalty, for administrative costs associated with the termination process.
Lessor and Lessee hereby agree that this amount is a reasonabXe approxinnation of the
actual damages that Lessar will incur as a result of the iermination process. Assessment
o� such Iiquidatad t�amages shall not serve as a waiver by Lessor to collect any oiher
dama.ges to wluch it may be �ntitied.
G. DAIVIAGE OR DESTRUCTION TO PRElVlISES.
Tn the event of fire or other casualty which damages or destrnys all or any part of
the Pr�mises, the following provisions shall apply:
6.1. Covera�e bv Lessee's I�surance.
Lessee's property insurance, as required f�y Section 11.1 of this Leas�, sha11 be
primary ta any insurance an the Premises carried 6y Lessor and sha.11 be used exclusively
to repair ar rebuild the damaged or de�troyed portions of the Premises. Lessee shall be
responsible for oversight of all repairs or reeonstruction an and to the Prematses and sha11
repair or rebuild the damag�d or destroyed portians of the Premise5 to the 51ZE and
standards that meet or exeeed the size and standards of such portions of the Premise�
prior to the damage or destruction. All repair and reconstruction acfiivities carried �ut by
or on behal� of Lessee shall be canducted in accordance with Sections 7.2 through 7.7 of
this Lease.
6.�. Premises Uninsured or Underinsured bv Lessee.
Tf Lesse� fa�ls to carry adequate property insurance in accordance with Section
11. T o� this Lease, Lessor, at Lessar's sole aption, rnay (i) terminate this Lease upon
thirty (30} days' ad�ance writien notice to L�ssee or {ii) repair or rebuild the Premises
substantially ta its farmer condition at Lessor's own cost and expense. If Lessor notifie�
Lessee :m writing within �hiriy (3Q) d�ys following th� date af damage or desiruction that
Lessar int�nds to undertake the necessary repair� or reconstruction, and the damage ar
destruction does not rer�der the affected portion oi the Premises untenab�e, this Le�se
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shall continue in e�ffect without a,ny rent abatement, Lessor shall commence repairs or
reconstruction witk�i� one k�undred eigh�y (18�) days from the date of the damage or
destruction. If the damage or destruction renders the affected portion of the Premises
tempararily untenable, or Lessor daes not commence the repairs Qr reconstruction vvithin
one hundred eighty (184) days f�-om the date of the damage or destruction, then for th�
period of time betwe�n such date and the date a certificate of occupa�cy is issued for the
portion a£the Premises that was rendered u�tenable, rent shall be praportianally reduced
by the amount o£ square fantage rendered untenahle. Upon t1�e issuance af a certi#'zcate of
occupancy and thereafter, rent shall comply with the �chedule of Rates and Charges �n
effect at the time a� they apply to the Premises as improved by Lessor. Thus if Lessee
was paying an unimpraved ground rate and, pursuant to this Sectian 6,2, Lessor repaired
or rebuilt a� airc:raft hangar originally constructed by Lessee, then the subsequent rentai
rate shall be for a similar hangar space at the Airport at the time, the hanger was built, the
rental shail not be that fQr unimpro�ed land. .
i. CONSTRiTCTION AND Il�IPROVE1ViE1vTS.
7.L 1Vlandatory Imqrovements.
Lessee covenants and agrees that it sh�.11 improve the Premises in accordance with
the time frames, milestones, specifications and other conditions of Exhibit "B",
attached hereta and made a part af tIus Lease for all purposes. Lessee shall
diligen�ly commence canst►uction of Mandatory Impravements within six (6)
months of the Effective Date. Lessee shal! fu1Sy comply with all pravi�ions of this
Section 7 in the performance of any such Mandatary Improvemen#s. All
Mandatory Imp:rovements by Lessee sha11 be limited to the premises of ihis lease.
I� Lessee request any changes ta Exhibit "B", ihe request 5ha11 be in writing and
approved by the Director. If the request is made, prior to the campletion of the
improvements set forth therein, approval shall not be unreasonably withheld.
Upon agreement Lessor and Lessee sha11 sign a revis�d Exhibit "B" which shall
be attached to and made a part of this Lease. Lessor shalt take title to �he
Mandatory Tmprovements upon the expiration or earlier termination Q£this Lea�e,
provided that trade fi�ures shall remain the property af Lessee and may be
removed so long as Lessee repairs any damage caused ther�by.
7.�. Discre�ionary Improvements.
Tx� addition to tl�e Mandatary Impravements, Lessee may, at its sole discretion,
perform mp[�ificatlons, renovations or impro�ements on the Premises in addition
Eo t�ose required by Seciion 7.1. Howe�er, Lessee may not initiate any kind of
modifcation, renovation ar impravement on tir to t�e Premises unless it first
submits all plans, specifications and estimates for the cosis of the proposed wark
in writing and also requests and receives in writing approval from the Director.
Lessee coven�nts and agrees that it shaIl fully comply �ith all provisions of this
Section 7 in the performance of any such discretionary modifications, renovations
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or improvements. Upon completion of any such Discretionary Improvements or
early termination Lessar shall take fixll tiile to any Discretianary Improvements on
the Premises,
�.3. Process for Annroval of Plans.
Lessee's plans �or canstruction and improvements shall confarm to the .Airport's
architectural standards and must also receive written approval from Le�sor's Departments
af Development, Engineering and Transpartation/Public Works. All plans, speci�'ications
and work shall canfarm to all federal, state and local laws, ordinances, rules and
regulations in force at the iime that th� plans are presented far review.
7.4. Documents.
Lessee shall supply the Director vv�th camprehen�i�e sets of documentation
relative to at�y modification, rendvation, construction or improvement, including, at a
minimum, as-built drawings of each praject. As-built drawings shall be new drawings or
redline changes to drawi�gs previously provided to the Director. Lessee shall supply the
textual documentation in compuier format as requested by Lessor.
7.5. Bonds Required of Lessee.
Prior �o the commencernent of any mandatory or discr�tionary modifica�ion,
renovatian, improvement or new con�truction, Lessse shall deliver to Lessor a bond,
executed by a corporate surety in accordance with Texas Government Code, Chapte�'
2253, as amended, in the £ull amount of each construction con�ract ar project. The bonds
shall guarantee (i) saiisfactory compliance by Lessee with all requiremenis, terms and
conditians af this Lease, including, but not limited to, the satisfactory comple�ion ofthe
respective modificaiions, renova�ions, construction projects or im�rovernents, and (ii) full
payments to aIl persons, firms, corporations or other ent�ties with whom Lessee has a
direct relationship for the performance of such modifications, renovations, construe#ion
projects ar improvements.
In lieu of the required bond, Lessee may provide Lessar with a cash deposit or an
assignment af a certificate af deposit in an amount et�ual to 125% of the fu11 amount af
each constr�ction contract or project. If Lessee makes a cash de�osit, Lessee shall not be
entitled to any interest earned thereon. Certificates of depQsit sha11 be from a financial
instiiution in the Dallas-Fort Worth Metropolitan Area which is in�ured by the Federal
Depasit I�nsurance Carporatian ar�d acceptable to Lessor. The interest earned on the
certi�ic�te of deposit sha�! be �he property of Lessee and Lessor shall hav� no rights in
such interest. �f Lessee fails to complete the respeciive nnodificatians, renovations,
construction projects or improvements, ar if claims are filed by third parties an grounds
relatin.g to such modifications, renovations, construction projeets or improvements,
LessQr shall be enti�led to draw down the fu11 amount of Lessee's cash d�posit or
certif cate of deposit and apply the proceeds to camplete the improvements ar satisfy #�e
claims, but any balance shall be remitted to Lessee.
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7.6. Bonds Repuir�d of Lessee's Contractors.
Prior to the commencement of any modification, renovation, improvem�nt or new
construction, Lesse�'s respective contractor shall execute and deliver ta Lessee surety
p�rFormance and payinent bonds in accordance with the Texas Government Code,
Chapter 2253, as amended, to cover t}�e costs of all wark performed under s�ch
co�tractor's contract for such. modifications, renovations, improvements or new
construction. Lesse� shall provide Lessor with copies of such bands prior to the
commencement of such modificat�ons, renovations, impravements or nevv const:ruciion.
The bonds shall guarantee (i) the faithful performance and campletion of all consiructio�a
work i�, accordance with the final plans and specifications as approved by Lessar and (ii)
full payment for ail �ages for labor and services and of all bill� for materials, supplies
and equipment us�;d in the performance of the canstruction contract. Such bonds shall
name to both Lessor atad Lessee as dual obligees. If Lessee s�rv�s as its own contractor,
Section 7.5 sha11 apply.
7.7. Relca�es by Lessor Unon Comuletion of Construction Work.
Lessar will allow Lessee a dollar-for-dollar reimbur�ement from its cash deposit
account or reduction of its claim upon Lessar's certi£'icate of deposit upon (i), w�ere
Lessee serves as its own contractar, verification that Lessee has Completed construction
work or {ii), where Lessee uses a contractaz', receipt of the con�ractor's invoice and
verification that the contractor has completed its work and released L�ssee to the extent
of Less�e's payment for such work, including bills paid, affidavits and waivers af lien.s.
8. USE OF PREIVIISES.
Lessee hereby agrees to use the Premises solely far aviation-reIated purposes approved
by Lessor. Lessee may not p:ravide £'ixed base operator services at the Airport without a valid
Fixed Base Operator Permit issued by Lessor.
9. SIGNS.
Lessee rnay, at its sole expense and with the prior written approval of the Director, install
and maintain signs on the Premises related to Lessee's business operations. Such signs, however,
must be in keeping with the size, color, lacation and manner of display of ather signs a� the
Airport. Lessee shall maintain all signs in a safe, neat, sightly and physicalty good condition.
10. RIGHTS A1�fiD RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
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10.1. Lessee's rights hereunder shall be subject to all existing and future utility
easements and rights-of-way grant�d hy Lessor far the installation, maintenance,
inspection, repair or removal af facilities owned or operated by electric, gas,
water, sewer, communication or other utility campanies. Lessee's rights
additionally shall be subject to all rights granted by aIl ordinances ar statutes
which allow such utility companies to use publicly � owned property for the
pravision of uti�ity services.
14.�. Lessor r�serves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstr�c�ion, 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 Lessar, would limit the usefulness of
the Airport, constitute a hazard ta aircraft ar d�mini�h �he capability af existing or
future avigational or navigational aids used at the Airport.
10.3. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safetiy or security o�' either the Airport or the publi�,
or f�r any other cause deemed necessary by Lessor. In thus event, Lessar �ha11 in
no way be liable for any damages asserted by Lessee, including, but not limited
to, damages from an alleged disruption of Less�e's business operations.
10.4. This Lease shall be subordinate to the provisions of anq existing or future
agreement between Lessar and �he United S�ates G�vernment which relates to the
operatian or maintenance af the Airport and is required as a conditiQn for the
expenditure af federal funds for the development, maintenance or repair of
Airport infrastructure.
10.�. During any war ar national emergency, Lessor shalI have the right to lease any
part o� the Airport, including its landing area, to the United S�ates Government.
In this event, any provisions of this i�nstrument which are inconsistent with the
provisions of the leas� to the Government shall be suspended. Lessar sha11 not be
liabl� 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 reimbursemen.t from the United Staies Government.
10.6. Lessor covenants and agrees that c�uring the term of this Lease it will operate and
mai;ntain the Airport and its facilities as a public airport consistent with and
pursuant to the Sponsor's Assurances given by Lessor to the United �tates
Government through the Federal Airpart Act, a public document which is on %�e
in Lessor's City Secretary's Office and wh�ch is incorporated herein by reference
�or a!1 purpases. Lessee agrees that this Lease and Lessee's rights and privileges
hereunder shall be subordinate to the Sponsor's Assurances.
11. INSURAI�ICE.
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1.1.�.. T�jpes of Covera�c and Limits.
Lessee shall prncure and maintain at all �imes, in full force and effect, a policy or
policies of insurance as speci£'xed in this �ection 11, naming the City of Fart Warth as an
additional insured and covering ali risks relateci to the leasing, use, occupancy,
maintenance, existence or location of the Premises. Lessee shall obtain the following
insurance coverage at the limits specifiec� herein:
� Prooertv:
Fir� and Extended Coverage on a,ll improvements on the Premises at fi�ll replacement
cost limit;
� Commercial General Lia�ilitv:
$3,OOQ,ODO per occurrence,
including praducts and campleted operatians;
• Automobile Liabilitv:
$1,000,000 per accident,
including, but not limiied to, coverage an any autamtibile used in Lessee's operations
on ihe Premises;
+� Han�arkeeuers Le�al Liab'rlitv:
$1,00O,OOQ per occurrence;
Q Enr�ironmental Imqairment Liabilitv:
$1,Qp4,pQ0 per occurrence.
Tn addition, Le�see shall be responsible for a.11 insurance to construction, improvements,
m�difications or renovations to the Premises and far personal property of its own ar in its
car�, custody or control.
11.2. Adjusiments to Repuired Coverage and Lirnits.
Insura�ce requirements, including additional types of caverage and increased
limits on existing coverages, are sub�ec� ta change at Lessor's aption if Lessor's risk
manager reasonabiy determines that additional coverage ar increased limits are nec�ssary
to cover Lessee's operations at the Airport. Lessee will accordingly comply with such
new requirements within thirty (30} days following notiee to Lessea.
11.3. Certiticat�s.
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As a condition precedent to the effectiveness of this Lease, L�ssee sha11 furnish
Lessor with apprapriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types a�d amounts of insuarance coverage
required herein. Lessee hereby covena.nts and agrees t1�at noi less than.thirty (30) days
prior to the expiration of any insurance po�icy required hereunder, it shall provide Lessar
with a new or renewal certificate of �nsurance. In addition, Lessee shall, at Lessor's
request, provide Lessor with evidence that it has maintained such co�erage in fu11 force
and effect.
�.�..4. Additional Repuirements.
Lessee shall rnaintain its insuraz�ce with underwriter� authorized ta da business in
the State of Texas and which are satisfactory to Lessor. Th� policy or policies of
insurance shail be endorsed to co�er ali of Lessee's operations at th� Airport and to
pravide that no material changes in coverage, including, hut not limited to, cancallatian,
termination, non-renewal or amendment, shall be made without thirty {30} days' prior
written notice ta Lessor.
12. INDEPENDENT COI�TTRACTOR.
Ii is expressly understood and agreed that Lessee shall operate as an independent
cantractor as to a11 rights and privileges granted herein, and not as an agent, representative or
employee af Lessar. Lessee shall har�e the exclusive righ� to control the details of its operations
and activi�ies on the Premises and shall be 5olely respansible for the acts and �omsssions of its
officers, agents, servants, employees, contract4r�, subcon�ractors, pa�-ons, licensees and invitees.
Lessee acknowledges that the doctrine of respondeat superaor shall not apply as between Lessor
and Lessee, its afficers, agents, emplayees, contractors and subcontractors. Lessee fiirther agrees
that nothing herein shall be construed as the creation of a partnership or joint enterprise between
Lessor and Lessee.
13. LIABILI'TY AND IliTDEM1�lI`TCATION.
LE.SSEE .SHALL BE LIABLE A.ND RESPONSIBLE FOR ANY CLA.lMS, DEMAIVDS,
LAW,SUITS OR O�'HER ACT'ION,S FOR DAMAGES OF ANY �IND, INCLUDING, BUT
NOT LXMIT'ED TO, PROPERTY LOSS, PROPERTY D�IMAGE AND/OR PERS`ONAL
INJURY OF ANY .�IND, INCLUDIIVG DEATHt TD ANY AN� .fU.L PERSONS, OF ANY
�IND OR CHARACTEI� WHETHER REAL Ol2 ASSERTED, TD THE EXT'EN�" CAUSED
BY TI�E NEGLIGENT 4R WILLFUL ACT(S) Olt 4MISSION(S) OF LESSEE, I7'S
OFFICER,S', AGEN�'S, SERVANTS`, EMPLOYEESAND/OR SUBLESSEE� INADDITION,
LESSEE, AT LESSEE'S OW1V EXP�NSE, SHALL I1VDE14�VIFY, DEF�ND AND HOLD
HAI�NILESS' LE,S,S'OR, ITS OFFICERS, AGENTS`, SERVAN�`"S AND/OR EMPLOYEES,
FROMA.ND AGAI11rST A1VY CLA�1, LAWSUIT �R QTHER ACTION FOR DA.MAGES �F
ANY KIND, INCLUD�VG, BUT NOT LIIYIIT'ED TO, PROPERTY DAMAGE OR LOSS
(I1V'CLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY
1i � �
��� �'� f
RESULTING LOST PR4FITS) �7ND/Dlz PERSONAL IN,rURY, INCLUDING DEATH, TD
A.NY A1VD A�L PERSONS, OF ANY �IND OR CHARACTER, WHETHER REAL OR
AS'SERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT OR WII LFUL AC7"(S) OR
OMISSION(S) OFLESSEE, �''fS OFF1'CERS, AGENTS, SERVANTS, EMPL4YEESAND/OR
SUBLE,S'SEE,�
LESSOR DDES 1V07' GUARAIVTEE PD�ICE PROTECTI'ON TO LESSEE 4R ITS
PROPERTY. LES'SOR IS OBLIGATED OIVLYTQ PROVI'DE SECURITYADE�UATE TO
MAIlYTAIN LESSOR'S CERTIFICATiON UNDER FAA REGULATIONS. LESSEE
SHALL COMPLY WIT'HALL APPLICABLE REGU�ATIONS OF THE FAA PERTAINING
TO AIRPORT SECURI�'Y ON THE PREMISES WHICH IS RELATED TO LESSEE'S
OPERATIQNS THERE4N AND SHALL CODPERATE WITH LESSOR IN THE
IMPLEMENTATION AND ENFORCEMENT OF LES�SOR'S SECURITY PI_f1N AT THE
AIRPORT. LESSEE SHALL PA Y ALL FINES IMPOS�D BY THE FAA ON LESS'OR OR
LESSEE RESU�TING FROM �ESSEE's FAILURE TO COMPLY WITH SUCh£ FAA
REG ULATI011rS APPLICABLE TO THE PREMIS`E,5 OR TO PREVENT UNA UTI�ORIZED
PERSONS OR PARTLES FROM THEIR OBTAINING ACCE,S,S TO THE A1R
OPERATI011rS AREA OF THE AIRPORT FROM THE PREMISES:
14. WAIVER UF CHARITABLE IlVIIVIUNT"T� OR EXEl�iPTIO1�T.
Tf L�ssee, as a charitable association, carporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability %r any kind of property damage or
persanal darnage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
such immu�i�y or e�emption as against Lessor.
1�. DEFAULT AIiTD REMEDIES.
��.1. Failure bv Lessee to Pa�r Rent, Fees or Other Char�es.
If Lessee fails to pay az�y :rent, fees or ather charges due under this Lease, Lessor
sball deliver ta Lessee a writte�n invo�ce and notice to pay the invoice within ten (10}
calendar days. 7f Lessee fails to pay the balance outstanding witlun such time, Lessor
shall have the right to terminate this Lease immediately.
1�.2. Failure to Construct MandatoY"v Itnprovemen�s.
If a certificate of occupancy has not been issued far the Mandatory
Zmprovements, as defned in Section 7.1 and set forth in Exhibit "B", Lessar shall have
ihe right ta terminate this Lease immediately upon written notice to Lessee.
12
E�
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15.3. Failure to 1Vleet Constructian Deadlines.
If Lessee has commenced the Mandatory Irnprovemerns in a timely manner and
has diiigently worked on such Improvements prior to a respective deadline for issuance
of a certificate of occupancy, as provided this Lease, but will reasonabiy need additional
time to complete such Improvements, then Lessor and Lessee shall negotiate in good
faith a reasonable e}rtension to such deadline and Lessee will nQt be deemEd to be in
breach as a result of its failure to meet the original deadline.
]�.4. FaijUre to Con�p�y with Other Terms or Conditions.
If Lessee breaches ar defaults under any provision of this Lease, oth�r than those
6reaehes or defaults that are addressed by Sections 15.1, 15.2, and 15,3, Lessar sha.11 deliver
writ�en notice to Lessee speci�ng the nature o£ such breach or default. Lessee shall have
thirty (3Q) calendar days fo�lowing such written notice to cure, ad�ust or coxrect the problem
to �he standard �xisting prior to the breach. Tf Lessee �ails ta cure the breach or default
within such time period, Lessor �hall have the rigk�t to tetxninate this Lease immediately;
provided, however, that �n the event such breach or default cannot reasonably be cured
within thirty (30) calendar days follawing sueh written notice, Lessee shall nat be in default
if Lessee comm�nces to cure, adjust or correct the problem within sueh tk�irty (30) day
period and thereafter diligently and in goad faith pursues such cure, adjustment or cotrection
to conciusian.
1�.�. R'r�hts of Lessar Uuon Termination or E$p�ration.
Upon termination or exp:u'atian af this Lease, all rights, powers and privileges
gra.zrted io Lessee hereunder shall cease and Lessee shall v�cate the Premises. Within
twenty (20) days following the effective date of termination or expiration, Lessee shall
re�nove from the Premises ail trade fixtures, tools, mact�inery, equipment, mat�rials and
supplies placed on the Premises by Lessee pursuant to this Leasa. After such tirne,
Lessor shail have the right to take full posses�ion of the Premises, by force if nece�sary,
and to remove any and all parties and property remaining on arty part of the Pr�mis�:s.
Lessee agrees that it wi11 assert no clai�n of any kind against Lessor, its agents, servants,
employees ar representa�ives, which may stem from Lessor's lawfi�l terrnination af this
Lease pr any act incident to Lessar's assertior� vf its right to terminate or Lessor's ex�rcise
of any rights granted hereunder, excludi:ng such aCts of Lessor's negligencr: which cause
direct damages to Lessee.
1G. 1�OTICES.
Notices r�quired pursuant to the provisions of this Lease shall be conclusively determined
ta have been delivered when {i) hand-delivered ta the ather party, its agents, emplayess, s�rvants
or representatives, or (ii) deposited in the United States Masl, postage prepaid, addressed as
follows:
„' • �l
13
.. �
To LESSOR:
For Rent:
City of Fort Worth
Revenue Office
1000 Throckmorton
Fort Worth TX 76102
To LESSEE:
Jake Huffrnan
205 Hillside Drive West
Burleson, Tea�as 76028
14
For A11 Uther Niatters:
City of Fort Worth
Aviatian Department
4201 N. Main �t. Ste. 240
Fprt Worth TX 76106
,�,
,
f �
,!
_�
17. ASSIG�'�l�l[E�TT AI�ID SUBLEI'T�.
1i.L In General.
Lessee shall not assign, sell, canvey, sublease ar transfer any ai its rights,
�r�vileges, duties or interests granted by this Lease without the advance written consent
of Lessor, which consent shall not be unreasonably withheid or delayed,
i'�.�. Conditions af Apnroved As�i�nments and Subleases.
�#' Lessor co�nsents ta 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 �he same
as if it had originally execuied this Lease. The failure or refusal of Lessor to approve a
requested assignment or suhlease sha�l not relieve Lessee of its obligations hereunder,
including payment of rentals, fees and charges.
18. LIENS.
lS.l.. Liens by Lessee.
Lessee ackno�vledges that it has no authority to engage in any act oz' to make any
cantract which may create ar be the foundation for any lian upon the property or interest
in the property of Lessor. If any such purported lien is created ar filed, Lessee, at its sole
cost and expense, shall Iiquidate and discharge the same within t�rty (30) days af such
creation or filing. Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessar ma�r terminate this Lease upon thirty (30) days' written
notice. However, Lessee's financial obligation to Lessor to liquidate and discharge such
lien shall cantinue in effect fallowing terminatian of this L�ase and until such a time as
the lian is discharg�d.
18.2. L�ndlord's Lie�.
IN ADDITIOIV TO ANY APPLICABLE STATUTORY I,ANDLORD `S LIE1V,
LESSEE GRANT'S TD LESS4R, IN ORDER 7'O SECURE PERFORMANCE BY
LESSEE OF ITS OBLIGATIONS iI1VDER THIS` AGREEMENT, A SECURITY
INTEREST �V ALL GOODS', INVENTORY, E�T]IPMENT, FIXTURES,
FURNITURE, IMPROYEMENTS, CHATTEL PAPER, ACCOUNTS .AND
GENERAL ,lN�'ANGIBLE,S, AND OTHER PERSONA� PRQ�PERTY D�' LESSEE
NOW OR HEREAFTER Sl7'UATED QN OR I1V THE PREMISES OR OTHE�WISE
RELATING �''O �ESSEE `S USE OF THE PREMISES, AND ALL PROCEEDS'
THEREFROM (THE "COLLAT'ERAL "). IF LESSOR TERM7IVATES THIS
AGREEMENT FOR A FAILURE BY LESSEE TD PAY LES'S�R RENT OR FOR
ANY OTHER BREACH OR DEFAULT BY LESSOR, .�ESSOR MAY, INADDITI0IV
TO ALL OTHER REM�DIES, WITHOUT' NOTIGE OR DEMAND EXCEPT AS
15 � � --� _ -
PROVIDED BELQW, EXERCISE THE RIGHTS' AFFORD�D A SECURED PARTY
UNDER THE TL�`XAS' UNIFORNf COMMERCIAL CODE {"UCC"). IN
CONNECT'I�.N WfTH ANY PUBLIC OR PR,�YAT"L�' SA�E UNDER �''HE UCC,
LESSOR SHAL� GIVE LESSE� FfVE (5) CALENDAR DA YS' P�QR WRI7'TEN
1VOTICE OF THE TIME AND PLACE OF ANY PUBLIC SALE OF THE
C4LLATERAL OR OF THE TIME AFTER WHICH ANY PRIYATE SALE OR
07`HER INTEIVDED DISPOSIT�ON THEREDF IS T'O BE MADE, WHICh� IS
AGREED TO BE A REASONABLE NOTICE OF SUCH �ALE OR DIS'POSITION.
Upon Lessor's advance written consent, which shall not be unreasonably with4ield or
delayed, Lessor's s�curity interest in the Coilateral may be subardinated to a#hird party
lender if the lender demands such subordinatian as a condition of financing
Impro�ements undertaken b� or on behaliof Lessee.
19. TAXES A1�D ASSESSIVIE�TTS.
Lessee agrees to pay any and all federal, state or local taxes ar asaessments which may
lavvfully be levied against Lessee due to LE550B'5 use or accupancy of the Premises or any
impravements or proper�y placed on the Premises by Lessee as a result of its accupancy. Lessee
also agrees to pay any and a11 federal, state or local taxea or assessrnents vcrhich may la�vfully be
levied against Lessor due to Lessee's use or occupatzcy of �he Prem�ses ar property placed on the
Premises by Le�see as a result of its occupancy, including, but not Iimited to, the Mandatory
Improvements and any Discretionary Improvements.
20. COIVIPLIAI�TCE WITH LAWS, ORDIliTA1�CES, RULES AND REGULATI011TS.
Lessee covenants and agrees that it shall not engage in any unlawfu� use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
subeontractors, patrons, licensees or in�itees to engage in any unlawfui use of the Prcmises and
Lessee immediately shal� remove from the Premiaes any person en�aging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
�his Lease.
Lessee agreas to cornply with aIl federal, sta#e and lacal Iaws; all ardinances, rules and
regulations of Lessor; all rules and regu�ations established by the Directar; and all rules and
regulations adopted by the City Council pertaining to the conduct reyuired at airports owned and
aperated by Lessor, as such laws, ordinances, rules and regulations exist or may hereafter be
amended or adopted. If Lessor natifies Lessee or any of its officers, agents, employees,
contractors, subcontractors, lic�nsees or invit�es of any viola�ion of such laws, ordinanc�s, rules
or regulations, Lessee shall immediatelq desist from and carrect the violation.
�1. NOl�T�j�SCRIl�INATIOl�T COVE�TAI�TT.
.::�
16
».�
::, ,.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration h�rein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the basis
of race, color, national origin, religion, handicap, sex, sexual orienta�ion or familial status.
Lessee further agrees far itself, its personal representatives, success�rs in interest and assigns
that na person shall be excluded from the pravisian of any services on o:r in ihe con.struction of
any improvements or alteratians ta the Premises on graunds of race, color, nationa� arigin,
religion, handicap, sex, sexual orientation or familial s�atus. Lessee agrees to furni�h its
accommodations and to price zts goods and services on a fair and equal basis to all persons. In
addition, Lessee c�venants and agrees that it will at all times comply with any requir�ments
imposed by or pursuant to Title 49 of th� Code af Federal Regulations, Part 21, Non-
Discrimination in Federally Assisted Programs of the Departm�nt of Transportation and with any
amendments to this regulation which may hereat�er be enacted. If any claim �.z'ises fram an
alleged violation of this non-discriminatian covenant by Lessee, its personal repres�ntativ�s,
successors in interest or assigns, Lessee agrees ta indemnify Lessor and hold Lessar harmless.
�2, LICENSES AlliD PERMiTS.
Lessee shall, at its sole expense, obtain and keep in effect ajl licenses and permits
necessary for the operation of its opera�ions a.� the �i�aor�.
�3. G�YERNNiENTAL�'�WER�.
It is understood and agreed that by executian of this LeaSe, Lessor does not waive or
surrender any of its governra�ental powers.
24. �TO WAIVER.
The �ailure of eithez- party to in�ist upon tha performance of any term or provision o�'this
Lease or to exercise any right granted herein shall not constitute a waiver of that party's right io
insist upon appropriate performance or to assert any such right on any firture occasion.
25. VENUE AND J[TRISDICTIOliT,
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Lease or of Less�e's operations an the Premises, venue far such action shall Iie
in state courts locatet#. in Tarrant County, Texas or the United States District Court for the
North�rn District of Texas, Fort Worth Division. This Lease shall be cons�rued in accordance
�ith the laws of the �tate of Texas.
�6. ATTORNEYS' FEES.
A! ' 1I
� ..
' �
In the event there should be a breach or de£aul� under any provision of this Lease and
either party should retain attorneys or incuz- 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 the prevailing party shall be entitled to recover
reasanable attorneys' fees and other reasonable expenses from the other part�.
2i. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
V�.11(�I�3T, legality and enforceabslity af the remaining provisions shall not in any way b� affected
or impaired.
28. FORCE 1VIAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligations as se� 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 controj, including, but
not limited to, compliane� with any government law, ordinance or regulation, acts of God, acts
of omission, fire5, stril�es, lockouts, national disasters, wars, riats, materiai or labor restrictions,
transportation prohlems anc�Ior any other cause beyond the reasonabl� control of Lessor or
Lessee.
29. HEADIl�IGS I�OT COI�TTROLLING.
Headings and titles used in this Lease are for reference purpases only and shall not be
deemed a part af this Lease.
30. ENTIRET'Y OF AGREEI�IEI�T.
This w�ritten instrument, i:�cluding any documents at�ached hereto or incorporated herein
by re#'erence, cantains the entire undarstanding and agreernent between Lessor and Lessee, its
assigns and successors in interest, as to the ma�tters cantained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflfct with any provisions of this Lease. The terms and conditions af this Lease shall not be
amended unless agr�ed to in writing by both parties and apgroved by the City Cauncil of Lessor.
CSIGNATURES IlVIlVIEDIATELY FOLLQ� ON NEXT PAGE]
;�
18
� �Il� WIT1�I SS WHEREOF, the parties hereto have executed this Lease in multiples, this
' day of �� � p �J-e.� , 2002.
CITY OF FQRT WORTH:
�
, . �.
By: . '��: -r-- ,
Marc O�
Assis�ant City Manager
A
:
APPROVED A5 TO FORIVI AND LEGALITY:
Assistant City Att ney
M & C: L-13273 �1 � � ��
19
J AKE HiJFFMAN
B ��c� �1`�`l�-Y
Y•
Jalce Huffman �
ATTEST:
:
� ��
� �� ' ;�j
S�`ATE OF 'I'�XAS §
COUNTY OF /� �/v � §
BEFORE ME, the undersi�ned authority, a Notary Public in and far the Sta�e oi Te�as,
on this day personally appeared Jake Huf�'man, knawn to me to be the person whose name is
subscribed ta the foregoing instrument, and acknowledged to me that the same was the act of
7ake Huffman and that he executed the same as the act of 7ake Huffman for the purposes and
consideration therein ex���'���i�id��� the capacity therein stated.
GNEN
2402.
STATE OF TEXA.S
; � '� rf� ? ��.
e' I
�•�• ���' C`k� \�,A �: �.
` Y� �
�/ ',`e� ��# `���EO �y`�
�,f'�j ����eEtitlltkl����+��4
o. ��p� �
COUNTY DF TARRANT §
� �LvN � )ti�__--�— �
� "�
No�ry Public in and far the ate of Texas
BEFQRE ME, the undersigned authority, a Notary Pu�ilic in and £or the State of Texas,
on this day personally appeared iVlarc Ott, know�n to me ta be the person whose name is
subscribed ta the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fart Worth and that he executed the same as the act of the C�ty af Fort Wort� for the
purposes and consideratian therain expressed and in the capacity th�rein statcd.
2042.
GTVEN UNDER MY HAND AND SEAL OF OFFICE this�� day of ,
� . . ,- ... ,,..._
��
ao,:'9W6°�y 1 ���F���� ���
� Notary Publi�, Stat� of Texas
�� ,`` b• �r � � �,���@� ires�
-�W � ��
. .i .. ■� � � w a �i
Improvecl Ground Lease with
� S�� ���m��
SEAL OF OFFICE this ��� day of ��%��
T} .
, �.,.� ��.
Notary Public in an�"for the State of Texas
wr
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.�a.cai� M, �-Iu�fi��an.Il�
20S �Iillside D.ri.ve We�t
Burlesarx, Tex�s 76Q28
phoz�.e 8a.7-447-�1771 �ax 817-447-7G7�
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Di��;r�.tn af pzoposc�d l�.ai��cr c�cv��o�n�en1: sit�
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��� � ����� � " T \
Haa���;�� 30 r - . T _���
II�ngei• 29 �� �
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Pro�aosccl han.�cz�
50' wide x 40` c����
Ss1: b�c.�c IO' l�iaix� exi
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1
Jacob M. Huffman i�II
20� �illside Drive West
Surleson, TX 760�8
phone 817�447� 1771 fax 817�447�7678
Proposed Hanger Development on Spi�s Airport
��hibi4 � - �e�crip�ion
Oatober 1, 2002
The hanger is to be a 60' ac �4' me4a1 building of standazd hanger construction methods
and techniques per the engineered drawin�s provided in the Permit application p�rocess. The
main doors wi11 be an the north side facing the e�isting apron south ofHanger 29 with the narth
side of the hanger set back ten (10} feet from the sauth edge af the existing apron. A slab of
concrete approximately 20' x 10' will connect the n�w hanger with the existing �.pran for ease af
aircraft movement. Th� ha�er wi11 be buil# on a cancrete foundatinn per th� foundation plans
submittEd in the Permit application pmcess. ImpPovemeat� i$side the h�nger will include a
toilet and sink so as to constitute basic human sanitation facilities, and these facilities wi�l b�
enclased in a room apparox�mately 10' x 14' in the southeast carner of �he hanger. Timing ofthe
completion of these facili,ties depends on the City of Fort Wvrth providing access to adequate
fresh water and sanifaty sewer. If such utilities are not made available or are not offered at a
reasonable cost, the bathroam facilities may be xoughed in but not connec#ed or used until sam�
future time. The Airrport Managar has indicated adequate sanitary fa�ilities are avaiIable in
Hanger 29 and are not mandatory in this hanger. There wilI be up to three window5 in the walls
af the hanger, and one persannel door. L�adscaping will consist of na.tive or ctrought-hardy
bushes planted at intervals around the building to improve aesthetics while not interfering vaith
safe aarcraft operatians. There is no intent to irrigat� th� surrou,nding sod or lanascaping.
J:`.
�fy4�i 1
. „��7
�, � �. ,�'�,��
C`ity af .F'ort Worth, T'exas
f�layor a�d �ouncEl Comn-�u��ca-�io�
DATE REF�R�NCE NUMBER LOG NAME -� PAGE
419142 '**J��93��3 55HlJFFMAN � 1 of 1
s�B��cr UNIMPROVED GROUND LEAS� WITH MR. JAKE HUFFMAN FOR MANDATORY
IMPROVEMENTS AT FORT WORTH SP1NK5 AIRPORT
RECOMMENDATION:
It is recommended that the City Counci! author�ze the Ci#y Manager to execute an Unimproved Ground
Lease, with Mr. Jake Huffman, �or mandatory improvements for 3,000 square feet of unim�raved land
�� the east sid� of Fart Worth Spinks Airpart.
D15ClJSSiON:
Jake Huffman �roposes to �ease 3,000 square feet of unimproved land at Fart Worth Spinks Airport o�
tf�e east side of the airPort immediately south of hangars 29 and 30. Mr. Huffman proposes to build a
50 by 40 foot hangar to stare his aircraft. The actual square footage af the lease site wil! be contingent
on a ground survey.
The lease wiq provide for a 30-year term with two 5-year optians to renew. The initial square footage
rate of the ground lease will be $0.14 per sq�are foot for unimproved land. The annua! revenue fram
this lease will b� $420.4Q annually, or $35.00 on a mor�thly basis. Based on. an assumed start �ate af
May 1, 2002, the revenue received unde�- tF�is lease for the rerninder af tf�e fiscal year will be $17�.�0.
The rate shall be subject to increass on �ctabe� 1 st of any given year ta reflect th� upward percentage
change, if any, in the Consumer Price Index for the period since the last adJ�stment. All terms and
conditians will be in aceordance with standard City and Aviation Departm�nt poEieies. �
This lease will begin on its date of execution, and expire 30 years lakar on that date.
The site pEan is in accordance with the Fart Worth Spinks Airport Master Plan and is subject to Federal
Aviation Administratio� airspace review.
This property is lacated in C�UNCIL ❑1STRICT 8. �
�15CAL INFORMATIONICERTIF1CATlON: �
The Finance Dir�ctor c�rtifies that the Revet�ue Division of the Finance Departm�nt will be resQonsible
for the cflllection and deposit of funds due to the City under this agreement.
BG:k
Su6mitted for City Munager's
Office by;
Bridgette GanetdActing
Orlgin$tiug Department Head:
Lisa A. Pyles
G1�40
5403
I FU1VD I ACCQUNT
� (to)
� PE40 491352
�
I (from)
CENTER I AMOUNT
0552002 $175.00
Additional Infarmatipn Contact:
Mika Feeley
�
83Q�4 I
CITY SECRETARY
APPROVSD 04/09/02