HomeMy WebLinkAboutContract 28504i
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� �URT W�RTH M�A+CHAM 7NT`ERNATIONAL AIRP�RT
� TERMINAL BUII.DII�TG 4�"FICE LEASE AG1�FE11'IENT
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(Saite 260}
Lessor. CTTY O�` FORT'WCIRTH Lessee. CONSTRUCTION ADMIN,INC•
CJO DEPA,R.��VIEI�IT OF AV�A'�'I4I'+T ATTN RUDX GrRAY
MEACIiAt�l1 Il�ITERNATIONAL A.Ii2P�RT 1529 N E 9� STREET
42�1 IdOR'�"H MAIlV STREET, SUITE-200 OKI.AH(�MA CZT'Y, OKLp.HQPvIA. 73117
FORT WOR'I'H, TEX.AS 76l �6-2736 .
RECITA.,L6 �
The follawing statements are true and correct and fornn �1as basis of tbis Lease:
A. Lessar and Lessee previously entered into City Secretary Coniract (��CSC")1�Io. 25973, Iaase o�real property
subject to an automatic annual renewal.
B. CSC 25973 was a lease %r office space v�rithin the Terminat Builclin.g at Fort Worth Meacham I�ternationa�
Auport ("Airpor#"j. CSC 25973 demised and Ieased ta Lessee 275 square feet of second floor o�fice space,
Suites 2S0 and 254.
C. Lessar and Lessee mutually wish to terminate CSC 25973 and it is hereby te�xninated with the axec�tion of this
Lease.
AGREEIIJ�NT �
�n cansidexa#ion of the mnivaZ covenants, promise� and obligations contained herein, the parties ag�ea as follows:
�. PROPERT'Y LEASED. Tn accardance with the textns and conditions of this Lease, Lessor hereby demiscs to
Less�e and. Lessee hereby accepts and Ieasss from Lessar 1�Q squar� feet of secand �loor office space ideni�f'ied as Suite
2b0 (the "PXemises") in �e T�rminal $wilding ("Termina�") at Fart Warth Meachaan International Airpart
{"'Airport") and @epicted on E�ibit "A", attachcd hez�eto anc! hereby made a part of tais I.ease for a� purpases;
2. TERM UF LEASE. Uxiless tern�inated in aacordance �w�ith tlxe pravisivns of this Laase, (i) the "Initial Term"
of tius I,ease will caznmence on the dates as of which both �,essar amd Lessee have executed tiais Lease and expize on
Septernber 30, 2003 anct (u) this L�ase will automatically renew for successive Renewal Tern�s o£ ane (1} year �ach,
cammencing at 12:QQ A.M, on t7atober 1'` af each yeaz and expiring at 11:59 F.hrl. �th.a followin�g Sepfember 30�" (each
"Renewal Term")
3. ItENT. Duritig the Initial Ter�n aa�.d any Renewa� Tet�n, T.essee shau pay Lessox mvntY�y rent for the Pramises
in accordance with t1�e rates establislzed for th.e Premises by tha ,A.via�ian Departrnent's Schedule of R.ates and Charges in
effect as of the Effeciive Dat� af the respective Term ("Rent"). Frior to the E£fective Date of this Lesse, Lessee slaall
pay one (1 } mauth's rent au advance. In th� event that this Leas� commences on a day other than the fust (1 st} day of any
given manth, the #"irst month's rental gayment shall ba prorated in ae�cordanoe with the nnmber af c�ays remainang in that
manth.
3.�. Rent Durin� Ren�wai T�rms. Rental raies fr�x each Renewal Term shall comply wii� the rates
prescrzbed for the Premxses by Lessor's pu6�ished Sahedale of Rat�s and C:harges ia effect at the same time. Rent
payznents must b� receiv�ed by Lessar's R�ve�ue Off'tce, 24001"�rocicmartan, Fort Workh, '�'e�s, 76101-0976 on ar
before the fixst { f st) day of eaoh month. Payments must be xeceived during normal working hours by the due date at th�
locaiion for Lessor's Revenue Of�ce. Rent st�all be considered past due if Lessar has not received f►x11 payment after tize
(IQth) daq nf the month for wbich payment is due ("Past Dne Date"). Without Iimiting anq of Lessor's rights and
remedies pravided by this Lease or app�icable law £or non-paymerit of Reni, if Lessor will assess a late penalty charge of
ien percent �IQ°�o) per month on top af the entixe mont�'s rent for eac$ month in whzch rent is past due.
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4. DEPOSTT. Upon execution of ihis Lease, Lessee wi�l remit to Lessvr a maintenanceldamage deposit
("Deposit") equivalent to one Fnonth's rent, 'I'�ereafter, Lessee shall, at a minimum, maintain its Deposit in am amount
that is equivalent ta its cuxrent monthly rental amount %r tlze Pzenaises. However, Lessor may increase th�; aznount of tY�e
Deposit to a reasonable sum in excess of one month's rent. Lessee's failure to maintain its Depasit as xequired shall
canstitute a breach ofthis Lease,
Lessee's Deposit shall be in the form of a cash payment. Lessee wi21 not be enti�led to axiy interest on t1�is
Deposit Unless Lessor tern�inates �lais Lease for anq breach, default or failure by Lessee, Lessor will refund any unused '
portion of this Deposit within t�rty (30) days following the date that Lessee vacates the Premises. Lessee acknowledges
that if Lessor terminates this Lease foz any breach, dafault or failure by Lessee, Lessee shall forfeit tlie entire balancs af
its Uepasit.
5. i1TILITIES. Lessor agirees and caver�ants that it will pay for all utilities in use an the Premises, with the
exception o£ telephone utilitics. Lessee agrees tk�at all heating equipment and other electrically�nperated equipment
which may be used on the Premises shalI fulIy comply with the G'ity of �'ort Wvrih Mechanical, Electrical, Plurnbing,
Fire and Building Codes, as they exist or raay herea�ter �e amended. .
6. MAIl�iTENANCE AND REP�IRS.
6.1. Maintenance ��ud Repairs i�v Lessor. Lessor sha�l provide janitorial services to the Premises unless
located in the baseznent of the Terffiinal, Lessar agrees to perform minar repairs and maiutenance on a timeiy basis as
required by the ardinary use o� the Fremises under the tezms of this Lease and which are not caused by any violaiion
thereof by Lessee. Lessor shall have the right and prirrilege, through its ofitc�rs, agents, servants or employees to insp�ct
the Premises at any time. If T�essor det�ermines fbat Lessee is responsil�le for any maintenance ar repairs required on �lie
Premisas, it shall notif}+ Lessee in writing. Lessee agrees to under�tke such maintenance or repair work within thirty
{30) calenda�r days of receipt af �otice. If Lessee £ails to undertake the maintenance ar repairs recomnaenfled within this
time, Lessor �aay, in its discreiaon, perform the necessary maintenance or repairs on behalf of Lessee. In tlzis eveut,
Lessee wi11. reimburse Lessor fnX �he cost of the main#enance ar repairs, and payment will be d�e on the date of Lessee's
next monthly xental payment fo�lowing completion of the repairs.
6.2. Maiutenance and Repairs bv Lessee, �.essee agreea to lceep azZd maintain the Premises in a good,
clean and sanitary condiiion at all rim�s Lessee covenanis and agrees that it wiIl not malce or suffer anq waste of ihe
Fremises. i,essee shall not allow any holes tv be drilled ar made in the brlck, plaster or cement work. Lessee will not
p��e or store boxes, caztons, barrels or othez siinilar iterns in a rrAanner tliat is unsaf� or unsightly. Upon t�i�iatian of
this Lease, Lessee agirees to return the Frexnises ta Lessox in the same conc�ifion as originally receivad, subject to
ordinary wear and tear consistent with normal use over time. Lessee is responsihle for all damages caused by the
negligence or misconduct vf Lessee, its agents, serva�xts, employees, contractars, subcantractors, patroi�s, lzcensees,
invitees or trespassers.
For any portian of the Premises located in the basememt of tiie Tern�inal, Lessee shall pxo�vide, at.
Lessee's ovsm expe�se, anduse cov�red nnetal receptacles for the temporary storage of a11 trash and garbage and
a�range and pay for the sanitaxy transport and permanent disposal away from the Airport of ail of Lessee's trash,
g�rbage and ref�se. '
6.3. Inspection. �,essor, through its of�icers, agents, servants ox employees, reserves the righ# to enter the
Premises at any time in order ta perform ariy and all duties or obligations which Lessor is aatl�orized or requir�d to do
under the terms ai'this Lease or to perform its govemmenial duties ut�der federal, state ar local rules, regulations and
Iaws (including, but not ]imited ta, inspections und�r applicable Health, Mechanical, Building, Electrical, Plumbing, aud
Fire Codes, or other health, safety and general welfare regulations}. Lessee will parmit ihe Fire Mazshal of the City of
Fort Worth or l�is agents to malce inspeciion of the �'remises at any time, and Lessee wi31 coxnply with all
recommendations mac�e to Lessee by fihe Fire Marshal ar h�is agents to bring tke Premises inio cornpliance with the City
of Fort Worth Fire Code and Building Code pravisions r�gaz�ding fire safety, as such provisions exist or may hereaier be
added or amended. Lessee shall main.taiui in a proper condition accessibl� fire extinguishers of a nwxiber and type
appraved by Fire Underwriters for tlie particular hazard involved. Lessor shall pxoVide Lessee with advance notice of
i�aspecti�n when reasonable under the oircuznstances. ,
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Construction Admin {Rudy Gray)1 �I
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'�. ACCEPTANCE OF PRENIISES.
'�.1. Asbestos A6ateme�t Ac�i�vities. Lessee acltnowledges the ex�ste�ee of asbestos-con#aini�zg
materinL orr the PrernBses. After investigation by L�ssor, Lessor represents that, to the best of its knovvledge, asb�stas-
confiaining materials exist on the Premises to the extent identified in Lessor's Level II Asbestos Assessment Report dated
October 12, 1992, a public documen,t on file in Lessor's City Secretary's Ofiice and ineozporated herein by reference %r
all purposes. Lessee covenants a�ad agi�ees to comply with a31 federal, st�t� and local laws and regalations, now in
exisience or promulgated in tb;e fuiure, which pertain to asbestos-containing mak�rials. Lessee covenants and agrees to
cooperate fulIy with any ashestos ahatement activity plan or asbestos operations and maintenance plan set forth by
Lessar. Lessee further aov�nants a�n.d agrees to notify and obtain written approval frozn .Lessor prior ta Lessee's
undertaking of any repairs, zeno�ation.s, aiterations or ixnprovements to the Premises or of az�.y at�xer activity which might
disturb asbestos-containing materia�s. Lessee agrees that it shall be solely responsii�le for all expexxses of such activities.
Lessor retains the right ta p�rfo� ar aause to �e performed air sarnpling on the Fremises to checl�.for the presence of
airborne asbestos fibers. Lessee agrees tn allow Lessor fuil access to the Premises to perf'orm. such tests. Lessor will
rnake the results of any such tests available �o Lessee at Lessee's request,
�.�. Lessee°s Accentance of Premises. Lessee agrees and covenants that it has inspected the Preinises
and is fully adviseci of its ow� rights without reliance upon any representation rnade by Lessor conceining the candi�ion
vf the Premvses. Lessee accepts the Premises in its present candiiion as satisfactary far all purposes set forth in this
Lease.
8. CONSTRUCTION AND lMPROVEMENTS. Lessee may not tuidertake ox allow ax�.y party to undertake
any kind of alteration, crectian, ixnprovement or other construcfion work on ax to the �rezn2ses unless it first requests and
receives in writing apprqval from the Director of Airport Systema or authozi�ed xepxesentaiive. All such appraved
construction work an and inA.provements to the Premises shaIi eomplq fully wzth the Americans with Disabilities Act oi
1940, as amended.
9. PARKING. I.essee sha11 have the ri�kt to use the designated publ:ic paxkin,g areas and, to the extent available
aud in accardance with policies established by t1�e Director of Airpart Systsnas or authorized representative, to reserve
parking space in the permit area Iaiown as Lot B on the north side of the Terminal for ihe parlcing of campany vehicies
and the vehicles oi its emplayees, licensees or invitees, subject ta all ordinances and zegulations of the City of Fort
Worth and al� other applicai�le laws.
10. i1SE OF PREMISES. Lessee agrees ko use the Premises exElusively for avialion oz aviation zelated
commercial activities. It is specifically agreed and stipulated that the foliowing concessions are prohihited under this
Lease, unless specificaIly approved by the Director of Aizport Systems or autharized representative: {i) ground
transportaiion £or hire; {ii} moior vehiale rental, includi.ng ta�ci and l.iznousine service; (iri} food sales; (iv) barber and
valet services; (v) alooholic �everage sales; and (vi) aviation-related sales of pilot supplies.
1I. SIGNS. Lessee may, at its own expense and with the prior written appro�al of ihe Direciar of Airport Systems
or anthorized representative, create, install and maintain signs in the Te�inat indicating Lessee's business. Such signs,
hovnever, rr�ust be m keeping with the size, color, location and manner of display of other signs thraughout the Terniinal.
In addition, LEssee may, at i#s own expense, make, instalI and maintain a sign outside the Terminal on Lessor's properrty
subject ta prior wriiten appraval by the Director of Airport Systezns or authorized representative as to the sign's
placement, appearance, constructian, anti conformity with applicable City Code restrictians.
Lessee shall maintain all signs in a safe, nea�, sightly and phqsicaU.y good condition. Lessee agre�s to pay
Lessor for any darnage, injury or necessary xepairs to the Premiscs resuliaing from the installation, maintenanc� or
removal of anq such sign, J..essee also agrees to remove any sign at i�s awn expense immediately upon receipt nf
instructions for snch removal from the Direcior af Airport Systesns or authorized representative.
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Cor�s�ruction Aflmin (Rudy Gray)1 i` ;IAi Il
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I2. RIGHTS AND �tESERVATIONS OF LESSOR. Lessor hereby reta�ins the foliowing rights and
reservations:
12.1. All fuitures and i.tems permanently attached ta any structure on the Premi.ses belong to Lessor, and any
additions or altexations made fhereon, shall immediately becoma the pzopezty of Lessar.
1Z.2,. Lessor zeserves the rigi�i to take any aciion it cansiders neccssary to pxotect the aerial approaches of
tlze Aicport against obstruction, inc�uding, but not lirnited to, t�.e �ight to prevent Lessee from �recting
or pez�nitting ta be erected any building or other struchue whicY�, in the opinian of Lessor, would limit
the usefulness of tlie Airport, constitute a hazard to airczaft or ciimnush tlie capahility of existing or
futuxe avigational or navigati.onai aids used at �ha Air�ort.
12.3. Lessor xeserves the right to close temporarily �e Airport or any of its facilities for maintenance,
improvements, safety or security of either the Airport ar fihe public, or for any ather cause deemed
nacessary by I.essor, In this event, Lessor sl�ll in no way be liable far a�y damages asserted by
Lessee, includi.ng, but not limi#ed to, datnages from an alleged disru�tion oF T�ess�e's bnsiness
opexatitms.
12.4. This Lease shall be subardinate to the provisions of any existi.ng or future agreeinent between Lessor
and the U:nited States Government which relates to the operation or ma.intenance of the Airport and is
required as a condition for ihe expenditvre af federal funds for the development, naaantenance or repair
af Airport infrasiructure.
1�.�. Dwing any war ar nakional emergency, Lessnr a�iall have the right to �ease any part of the Airpart,
inclurIing i#s landing area, to the United States Gavernznent. In this event, any provisioxks of this
instruament w�ich are inconsistent with t3�e pravisian�s of the Iease to the Gov�mme�t shaI1 be
suspended. Lessor shall nat be liable for any�loss or damages alleged hy Lessee as a result of this
acrion, Hawever, nothing in tivs Lease shall prevent LEssee from pursuing any rights it may have for
reirnbuzsement from the i7nited Stat�s Governme�rt.
12.6. Lessax covenants and agrees that during the term of t�iis Lease it will aperate and anaintain tha AirporY
and its facilities as a publie airport consistent with and pursuant to the 5ponsor's Assurances given by
Lessox ta khe United States Gavernment through the Federal Aizpart Act; and Lessee agrees that this
Lease and Lessee's rights and privileges hereunder shall be suba�dinate to the Spansor's Assurances.
�3, lNSTJRANCE.
�3.1, 1�Res of Co�+e�'age and Limits. Lessee s�a]J. pxacure and maintain at all tiznes, in full force and
effect, a policy or paIicies of insurance as specif'ied herein, nazning the City of For� Worth as an additianal insured and
covering all publie risks related to the leasing, use, occupancy, maiz�tenance, exist�nce ox localion of ihe Preinises.
Lessee sha1� obtain the follovring itisuxaz�ce coverage at the litnits specified herein:
• Commercial General Liabilify:
$300,404.40 �er occurrence
(including Products and Completed {]petatious)
Tn add'ztion, Lessee sliall 6e res�onsible for all ins�uance to aYxy appxoved constructi.on, i�nprovements,
mod�ficaiia�.s or renflvations an ar to the Fremsses and for pexsanal propertry of Lessee or in Lessee's care,
custody-ar canlzal.
13.�. Ad_i�stments to Required Covera�e and Limits. Tnsuzance requirements, including additional types
anci lunits of coverage and increased limits an existing coverages, are subject to change at Lessoz's opt�on, and Lessee
will accordingly camply with such new requirements withiY� 4hirry (30) days follawing notice to Lessee.
ConstrucCinn Admin (Rudy Gray)1 �� � f �
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13.3. Certi�cates As a condition precedent to the effectiveness of Yhis Lease, Lessee shaIl fizrnish Lessor
with a certificate of ins�urance signed by the unden�+riter as pronf that it has,obtained the types a�d amounts of insurance
coverage required herein. Lessee hereby covenants and agrees that not Zess than tbiriy {30) days pzior to the expirasion v�
any insurance policy required hereundez, it s�all provide Lessoz with a new or renewaI certificate of insurance. In
addition, Lessee shall, pz� demand, provide �,essor with evidence tt�at it has maintained such coverage in full force and
effect.
13.4. Additional Renuirements. Lessee shall maintain its insurance with underwriters authorized to do
business in the State of Texas and w�aich are satisfactory to Lessar. The policy or palicies of ansurance shall be
endarsed to eoves aI1 of Lessee's npera�ions at the airport a�d to provide that no material changes in cvverage,
including, but not limited to, cancel�atian, terniination, non-�enewal or axnendment, shall be made without thirty
(30} days' priaz written notice to T.essor.
14. IlVDEPENDENT CONTIiACTOR. It is e�ressly understood and agre�d tl�at Lessee shall op�rate
as an independent contractor as ta a�l rights and privileges granted herein, and not as an agent, representativ� az
emplayee of Lessar. Lessee shall have tb.e exclusive right io contzal the details of its operations and activities on tha
Premises and shaU be solely responsible for ihe acts and ornissio�as of i#s ofFicers, agents, servan.ts, employees,
oantractors, subcontractors, patrons, licezasees and invitees. T�essee aclrnowledges that the dactrine of respondeat
superiar shall nat apply as between Lessor and Lessee, its aifcers, agenis, employees, coniractors and subcontractors,
Lessee fiuthez agrees thai notivrig hezein sha11 be consixved as fihe creation of a partriership or jourt enterprise beYween
Lessor and Lessee.
15. INDEMNIFICATION. LESSEE HEREBYAS�U�E,SALL LIABILITYAND RESPONSIBILITY FOR
PROPERTY lOSS, PROPERTY DAMAGE AND/OR PEX.�QNAL I11�JURY OF ANY SIND, ,INCLUDIIVG
DEATH, TO ANYAND ALL PERS'ONS, OFANYI�IND OR CHARACTER, WIIETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONIYECTI'DN WITS THE LISE OF THE AIRPORT UNDER TH1'S LEASE OR
R'ITA THE LEASING, M.�IINTENANCE, USE, UCCUFANCY, �XISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TQ THE EXTENT CAtISED BY THE NEGLIGENT ACTS OR OM1SS70NS QR
IlVTENTION,AL MISCQNDUCT OFLESSOR
LESSEE� CDVENANTS AND AGREES TO, AND DOES HEREBY, INDEMII'IFY, SOLD HARMLESS
AND DEFEND LESSOR, ITS DFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AG,gINST
ANY AND .�1;L C�AIMS OR LAWSUTl"S FQR ETIHER PROPERTY D.F1M.�C'rE OR LOSS (1NCLUDING
ALLEGED DAMAGE OR LOSS TO LE�'SEE�S BU,S,WESS AND ANYRESULTING LOST PROFITS} AND/Dlt
PERSQNAL INJURY, INCLUDIIVGDEATH, TD ANYANDALL PERSON�S, DF.fINY,I�IMl OR C�1'AR.4CTER,
WHETHER REAL OR ASS�RTED, ARISING OUT OF OR IN CONNECTION WITH TFIE tISE OF THE
AIRPORT UNDER THr.S' LEA,�E UR WITH THE LEASING, MA1'NT'ENANCE, IISE, OCCUPANCY,
EXl"STENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EX"lENT CA�TSED BY THE
NEGZIGENT ACTS OR OM1'SSIONS OR.�f1YTE1VTlONAL MI,SCDNDUCT OFLESS`OR
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LES50R FOR ANY AND ALL
1N.TORY �R DA�4GE T4 LESSOR'S PROPERTY fi�Hl'CH ,r�RiSES OUT OF OR IN CONNECT.�ON yVITH
ANY AND ALL ACTS OR OMISSIDNS DF LESSEE, ITS OFFICERS, AGEtVT`5`, EMPLOYEES,
CONTRACTORS, S'IIBCOiVTRACTDRS, L.+TCENSEE,S', INV!'TEES, PATRONS OR TRESPASSERS, EXCEPT TO
T`HE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTION.4L MISCOND UCT DF
LESSOR
LESSQR DOES NOT GUARANTEE PpLICE PROTECTION TO LESSEE 4R 1'TS PI�OPERTY.
LESSOR SHALL NOT' BE R�SPONSIBLE FOR INJURY TO AM' PERS'ON 01V THE PREMISES OR FOR
HARM TO ,4NY PROPERTY WtIlCH BELONGS TD LESSEE, tTS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONT,RACTORS, LICENS�'ES, FNVllEES OR PATRONS, AND WHICH
MAYBE STOLEN, DESTROYED OR INANY WAYDAMACED; �11V.n LE,4SEE HEREBYINDEMNIFIES AN17
HOLbS HtiRM,LES�S LESSOR, ITS QFF.ICERS, AGEN1"S, SERVANTS AND EMPiOYEES FIiOM AND
AGAl'NST ANY ftND ALL SUCH CLr�MS, EXCEPT TO TSE EXTENT CAUSED BY 7'HE NEGLFGENT ACT'S'
OR OMI�SSIONS OR INTENTIONAL MISC4NDUCT DFLES`SOR
Cons�ruction Admin {�udy Gray} 1 } '�Gv'� Ilt���: �L�7
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16. WAIVER OF CHARITABLE Ill'Il17[TNITY OR EXEMPTION. If Lessee, as a charitable association,
corporation, paxttnership, individual ent�z�arise or entity, claims irmnunifiy ta or an exemption from liability far any kind
of praperty aiamage or personal damage, injury or death, Lesses hereby expressly waives its�rights ta plead defensivel�
any such immunity oz exempiian as against I,essor.
17. TERNIINATION. In addirion to amy termina�ion rights provided herein, tlus Lease may be terrrunated as
foIlows:
17.1. By Either Party. Lessar or Lessee may ter�ninate this Lease for any reason, to be effeciive on the
e�ixatian date of the term in effect at the time, by pro�iding the other party with written notice not less tt�an thiL-ty (30)
ciays priar to the effecdive date of such termination.
1'�,2. Airpart Development. In the event that I,essor zequires the Premises (i) as part of its plans to fiu�iher
de�elap ttie Aazport or (ii) for the convenience of the public's use of the Airport, as deternzined by Lessor, Lessor may
terminate this Lease by providing Lessee wiih written notice not less than one hundred eighty (1$D) days priar to the
ef�'ective date of such texrnination. �
�"�.3. Failure to Pav Reat.. If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessar
shall provide Lessee with a�uvritten statement of the amorint due. Lesse� shau l�ave ten (f0} calendar days following
not�c� to pay the balance outstanding, If Lessee fails to pay the fixll ar�,ount withiu such time, Lessor shail have the rigkt
to temlinate this Lease irnmediateiy.
17.4. Breach or Defaeil# by Lsssee. If Lessee cominits any breach or default under this Lease, other than a
failure to pay rent, Lessor shaIl deliver t.� Lessee a written notice specifying the nature af su�h �reach or defa�alt. Lessee
sha111�.ave thirty (30) eal�ndat days following notice to cnre, adjus# or carrect the problem to the satisfaciion of Lessor. If
Lessee fails to cure the breach, default or failure within t�e time period prescribed, Lessor sha11 ha.ve tlae right to
tertninate this �.ease immediately.
1�.�. Ri�ghts of Lessor Upon Termination or Egpiration. Upan temiina�ion or expiratian of this Lease,
ali rights, powers and pri�ileges granted to I,essee hereunder shall cease and Lessee shall �mediately vacate
the Premzses. Lessee agrees that it will retum the Premises and all appu�tenances and improvements thereon in
good oxder and repair and in the same condition as existed at the iinrne t�ais Lease was entered into, subject to
ordinary wear and tear. Lessor shall have the immediate right ta #ake full. possession of the Premises, by force
if necessary, and to remove any and all parties rema;n;,,g on auy part of the Premises without further legal
process and withoui being liable fox firespass or any othe� clairn, Lessor sl�all also have the rigl�t to remove any
and all fixtures or.equipment thai may be found witivn ar upan the Pzetzizses without being liable tlierefor.
Lessee agrees that it will assere no clainz of any kind agaxnst Lessar, its agez�ts, servants, ernployees or
reprre;sentatives whieh may stem frarn I.essor's termination oithe Lease or any act incidez�t to Lessox's assertion
of its right to terminate.
18. NOTICES. Noticss xequired pursua.nt io the provisions of this Lease shall be conclusively determined to have
been �elivered when (1) haud delivered ta the other party, its agents, employees, servants or representatives, or (2)
deposited in ths United Siates Mail, postage prepaid, addressed as follows:
To LES50R:
For Rent:
CITI' OF FORT WORTH
REVENUE OFFICE
PO BOX 976
FORT WORTH TX 76101-0976
Fvr All Other M�,tters:
DEPARTMENT Qk' A'VIATION
MEACIIAM iNTERNATIONAL AIRPORT
�4201 NORTH MAIl�T STR�ET, SUIT&200
FORT WORTH TX 7610G-2736
Conatruction Admin (Rudy Gsay�].
Ta LESSEE:
CONSTRUGTION ADMIri, INC.
ATTN RUDY GRAY
1529 N T 9� 5I'REET
OKLAHOMA CITY, OKLA�iOMA 73117
19. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, sell, convey, sublet ar transfer any af its
rights, pmileges, duties or interests granted by this Lease without the advance wzitten consent of Lessoz. Any such
transaction attempted f�y Lessee without prior written cunsent by Lessor shall be null and �oid, If'Lessor ccrosen#s to any
such t�ansaction, the respective assignee ar sublessee shall consent to cornply in writing with all terms and candztions set
forth in �is Lease the same as if ihat paxly had origin�l�y executed this L�ase.
2p. LIENS BY LESSEE. Lessee ackaaowled�es fbaf it has no autharity io engage in an.y act or ta make any
cazzh•act w�ich may cx�ate or he the fouzzdaiion for any lien upon the property or interast in tl�a pzoperty of Lessor. If any
sunla purported Iien is created or filed, Lessee, at its sole cost and �xpense, shall liquidate and dischazge the sarne within
thirty {3a) days of such creation or filing. Lessee's failure to discharge any such purported lien shall canstitute a breach
of tbis Lease and Lessar naay te�minate this Lease imrnediately. Hawevar, Lessee's financial obligation to Lessor fio
liquidate and discharge such �en shall continue in effect following tennination af this Lease and unti� such a tixne as the
lien is dzscharge�.
Zl. TAXES AND ASSESSMENT�. i�ssee agrees ta pay an� and all federal, state ar lacal taxes or assessments
which rnay lawfully be levieci against Lessee due #o Lessee's use or occupancy of the Premises or any improvements ox
property placed on the Premaises by Lessee as a xesult of its occupancq,
22. COMPLIANCE WITH LAWS, ORDINANCES, RULES A1�iD REGULATIONS, T�essee covenazrts and
agrees that zt shall not engag� in any unlawFul ase af the Pzemises. Lessee furfher agrees that it shall not p�rmit i1s
officers, agents, servants, employees, coniractors, subcontractors, patrons, licensees or inwitees to engage in any unlawful
use aF tha Premises and Lessee imm.ediately shall remove fraanri the Premises any person engaging in such unlawful
aetivities, i7niarvfui use of t1�e Prermses by Lessee itself shall comstitute an immediata breach o� tkis I,ease.
Lessee agxees to comply vyitb. afl federal, state and tpcal laws; a�l ordinances, rules and regulations of the G�ty
of Fort Worth $nd tb.e Ciiy of Fort Warth Police, Fire and Health Departrnents; all cules and regulations established by
tlie Federal Avia�.on Administration and the Directar of Airport Systems; and all rules and regulations adopted by the
City Council pertainiung to the conduct required at airports owned and oper�ted by the City, as such laws, ordinances,
rules and reg-eilations exast ar may herea£ter be amended or adopted (colleciivaly "Laws""). Lessee hereby assumes full
responsibility for tki.e violatian of any Law by Lesse�, its of�cers, agents, employees, contractars, subconfractors,
licensees or invitees and. shall pay or fully indemnify the City for any fines ar ather lavvful penalties assessed for any
such vioIation. TfLessox na 't1f'ies Lessee or an,y of ifis officers, agents, employees, cantractois, subcaniractors, licensees
or invitees of any v'iolation of suah laws, ordinances, rules ar regulations, Lessee shall srrunediately desist from and
conrect the violation.
23. NON-DI5CRiMII�TATIDN COVENANT, Lessee, for itself, its pe�rso�at representati�es, saccessazs in
interest and assigns, as part of�he consideration �erein, agxees as a covenant running with the land that na pers�n shall be
excluded from participalaan iya or denied the benefits v� Txssee's use of the Premises vm the besis of race, colnr, natianal
origin, religion, handicap, sex, sexual orieffiation or faxnilial stafus. Lessee furt,her agrees for itself, i�s persanal
representatives, successars in uxterest and assigns tUat no person shall be excIuded from the provision of any services on
or in the construciion of any ztaaprovemexrts or alterations to the Premises on grounds of race, coior, national origin,
religion, handicap, sex, scxual ozientation or familial status.
Lessee agrees to fiunish its accommodatians and to pzice its gaods and sarvices on a fair and eqnal l�asis to aU
persnns. In addition, Lessee cavenants a�nd agrees that it wiI1 at aIl times comply with ainy requiremen�s imposed by or
pursuant to Title 49 of the Code o£Federal Regu9ations, Part 2I, Non-Di,scrinvnatian in Federally Assisted Progra�ns of
the Depaztm.ent of Trausportaiion and with any amendments to this xegnlation which may hereafter be enact�d.
If any claim arises from an alleged violation of this nnn-discriminatior� covenant by Lessee, its persoa�al
representatives, successors in interest or assigns, Lessee agrees to indemni.fy ieasax and hold Lessor h�nless.
�
, � _ _ ��1�: _. � ►
Conskruoti.on Admin (Rudy Gray)1 7 � / �`,7�1a��
St.�i�f �
,
����I �' � �
24. LICENSES AND P�RIVIITS. Lessee shau, at its sole a�en.se, obtain and keep in effect all Iicenses and
pexmiYs necessary for the operation of its husiness at the Airport.
�S. GOVERNNIENTAL 1'OWERS. It is understood and agreed that by execution of this Lease, ttte City of Fort
Worth docs not waive or surrender any of its governmental powers.
Z6. NO WAIVER. The failuze of Lessar to insist upon the perfoznxamce of any term or provision of this Lease ar
�a exercise an.y night granted herein shall not consiitute a waiver nf Lessor's right to insist upon apprnpriat� p�zt'azmanee
or to assert any such right on any fizture oecasion. �
Z�. VENUE. Should any action, whether real or asserted, at law or in equi,ty, anise out of the terms nf this Lease or
by Lessee's operai�ons on tl�e Premisas, venue for such aciion shalI lie in state courts z�n Tarrant County, Texas or the
United States District Caurt for the Northenx Uistzict af Texas, Fort Worth Divisioz�. This Lease shall be construed in
ac�ordance with the Iaws of the Siate ofTexas:
28. ATTORNEYS' FEES. In any action brought by Lessar for trte enforcement of the obligaticros of I.essee,
Lessor shall be entitled to recovez interest and reasonable attomeys' fees.
29. SEVERABIT.ITY. If any provision Qf this �,ease sb.all be held to be invalid, illegal or unen�'orceahle, the
validity, legality and enforeeability of the remaining pxovisions shall not in any way be affec#ed or impaired.
30, RORCE MAJEURE. Lessor and Lessae shall exercise every reasonahle effor� to rneet tbeir xespective
obliga�ions as set forth in this Lease, but shall not be held liable fox any delay in ar omissian of perforrnance due to fazce
maje�ure or other causes beyoncl t�aeir reasonable control, including, but not limited to, compliance with any governmen.t
law, oxdinance ar regulaiiors, ac�s of God, acts of omission, fues, sbri�ces,loekouts, na�ional disasters, r�vars, riots, material
ox 2abor restrictions by any governmental authority, transportatzon problems andlor any other cause beyond the
reasona}�le control of the parties. �
31. � HEADINGS NOT CONTROLLING. Headings and titles used iun this Lease are for reference p�rposes only
and shall not be deemed a part af this Lease.
32. ENTIItETY OF AGREEMENT. Tlus written instrument, incIuding any documents incorporated herein by
re%renee, contains the entire understanding and agreement between Lessor and Lessee, its assigns and successors in
interest, as tn the matters contained herein. Any pridr oz contemporaneous oral or written agreememt is hexeby declared
null and vaid to th� axtent in confliet wit3� any provisions of this Lease. The terms and conditions o£thi.s Lease sha11 not
be amended unless agread to in writing by hoth pardes a�d approved by the City Council of Lessor.
TN WITNESS WHEREOF, the parties hereto have executed this L�ase i�. multiples this
,24
[SIGNATURES ]1VIlVIEDIATELI' FOLLOW ON NEXT PAGE]
Cnnstxuction Admin {Rudy Grayjl LI.�
8 ` ;1; � �
day af
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�j4,e
CiTY OF FORT ORTH:
�
B�:
Assistant City 1�Ianager
ATTES�
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8�7; Y- '
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City Secretaz�
APPRO�ED AS TO FORNI AND LBGALITY:
By: ��
Assistant City Atlomey
M & C: �'� f ��/�
�ontract ,�t�tho�iz��ion
����_ _.. � ��• ,/
���� � - -. ...
CONSTRUCiTON ADNII�T, INC.
By. /Rili" " �/ -
Rudy Gra �
Ovc�ner
A'T"I'EST:
i
�
Conatruction Admia {Rudy G�ray}].
. 9
��:�'� l��{U
. �
� �� �;� ��i��r�{I� ��
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STATE OF TEXAS
COLTN�'Y �F TE1RItANT
BEFORE ME, the undersigned anthority, a Notar� Public in and fox the State of Texas, on this day personally
appeared Rudy Cxray, known to me to be the person wkose name is subscribed to the faregoing iustrument, and
acknawledged t� me that the same was the act of Construci�on Admin, inc. and that he execu�ed th� same as the acf of
�OriStn1Ct10A AL�1T3]Il, II1C. %r the purposes and consideration thezein expressed and in the capacity �erein stated.
-,---" --..+..........��........� e�.r..� _ - :_...� - - � ; _ � �
��i � ���ft1�1�� SEAL 4F OF�TCE this � c�ay of E,+('�' , 20
Natary Public ; � �
; � '" STAi� OF TEIiAS � � , '
� �''�'o��'ay , �
,
�My Comm. @xp. 071Q31200� � Notary Pui�lic in�anci for the State af Texas
............... ....................<.......
STATE OF TEXAS
COLTNTY OF TARR.ANT §
��r� A � U`rr
BEFORE ME, the undersigned authority, a Notary Fublic in and for the State of Texas, on this day personally
appeare�Assistant City Attomey, lrnown to me to be the person whose name is sulasczibed to tk�e foregoixig ins�vment,
and aclrnowled�ed to me that the same was �e act af the City of Fort Worth auzd th�t ha executed the same as th� act of
said City of Fort Worth for the pw�poses and cansideratzon tb.exeiu expressed and in the capaaity therein stated•
�
GNEN UNDER MY HAND AND SEAL O� OFFTCE t�is �� day of.�.c°,,�i� , 20 �.
, �a,..�...�..�m...�,,._� ..... . . .... . . � . ,
� ��3,�h � ti
�sPnvrne� �i��� ��� _
�;�° : N�fary Pu�lic, State of i'exes
g= t�Ey Commission Expires
� ��ffGIt�4F- ��E �� �Q�� -
� �/�11414i1� � f
ly�_ __ _
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Notary Puhlic in and for the State of Texas
Construction �4dmin, inc.
Lease Space
�Xbl�l� �
,`
FORT
WORTH
DEPARTMENT OF
AVlAi10N
/-
W9
SUI�� D�SC�IPTl01� SQ. �i. RATE ii�OlV�i,1 YEAR
260 8'11"X13"5" 120� $10.79� $107.901— � $1,294.$0
�o��� ��o ��a7.go ��,x��.�o
Exhibit A.Constructian Admin.Suite-260.x1s 9 3/26/2003
C'ity o�.F'o�t �orth, T'exas
���r ��d ���r���Q �'�r����;�c����n
DAT� R�F'ERENCE IVUMBER LOG NAME PAGE
9125101 **�,A� �,7 g� 55RUDY 1 of 2
su���cY LEASE AGREEMENT WITH CONSTRUCTION ADM1N., INC. FOR OFFICE SPACE AT
FORT W�RTH MEACHAM iNTERNATI�NAL AIRPORT AND TERMINATION OF CITI(
SECRETARY CONTRACT NO. 25973
RECOMMENDATION:
1t is recommended #hat the City Council:
1. Authorize the t�rmination of City Secr�tary Contract No. 25973; and
2. Autharize the City Manager to sxecute a lease agr�ement with Construction Admin., (nc. for office
space at Fort Warth Meacham International Airpar�.
DISCU5S14N:
On May 23, 2QDQ (M&C L-12799}, the City Council autf�orized #he City Manager to execute a lease with
Construction Admin., Inc. for Suites 2�0 and 254 in the te.rmir�al building at Fort Worth Meacham
International Airport,
The Aviation Departm�nt has r�c�i�ed a reyuest fram Mr. Rudy Gray, Presiden# of ConstructEan
Admin., Inc. ta change his current office to Sui�e 26fl from 5uites 250 and 254.
Suite 26fl consisis of 120 square feet, and under the current Schedule of Rates and Charges, rents for
$1 Q.25 per square foot. The fotal re�enue received from this lease, at tF�e current rate, will be
$1,230.00 per year, or $1�2.5a per month.
The term of the lease wi[I begin an the date of execution and expire on Se�fember 30, 20Q2. The lease
will automatica�ly renew for subse�uent annual terms unless either party notifies the ofher at feas# 30
days in ad�ance of t�e expiration of its intent to not renew #he lease. Rent will be adjusted annuaEly o�
October 1st in accordance with the Schedule of Rates a�d Cha�ges in e#fect at that time. AI� ather
provisions and conditEons of the lease agreement shall remain i� effeci. .
The property is located in C4UNCIL DISTRICT 2.
C'ity of �"ort Wo�th, T'exa�
�r��� ��� ��u�c�l �,����n������r�
DATE REFER�NC� NUM�ER LOG NAME PAGE
91���0� . '�*Lo13� �3 55RUDY 2 of 2
SUBJECT LEASE AGREEMENT WITH CONSTRIJCTION ADM�N., INC. F�R �FFICE SPACE AT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT AND TERMINAT[ON OF CITY
SECRETARY CONTRACT NO. 25973
FiSCAL INFORMAT�4NICERTIFICATiON:
T�e Finance Director certifies tha# th� Revenue O�Fice of the Finance ❑epartment wifl be respon.sibie far
the callectian and deposit of funds due ta the City under this lease.
MG:n
Submitted for City Manager's
Dftice by:
Mike Groomer 6 f 44
Originating Department Head:
Lisa A Pyles
Additional Infor►nAtian Coniact:
5403
Luis E. Elguezabal 54a1 �
FUND I ACCOUNT
(to}
PE40 491282
(from}
CENTER � AMOUNT I
0552041 $1,230.00 �
�
CITY SECRETARY
� Af'PItOVED 9/25/OI
�
�
�
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