HomeMy WebLinkAboutContract 27152cir�r �����Y��v
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FORT WORTH MEACHAli�I INTERLVAT�ONAL AI�tPORT
GROUND LEASE AGREEMENT
(MONTH-TO-MONTA)
(LEASE SITE 32N)
Lessax: City of Fort Worth, Texas Lessee; A,rcher Westerri Contractors
c/o Avia�ion Department 2121 Avenue �, Suite-103
4201 N. Main St., Suite 200 Arlington, TX 76006
Fort Worth, Texas 76106-2736
In consideration of the mutual covenants, promises and abligations contain�d herein, Lessar
and Lessee hereby agree as follaws:
1. PR�PERT'X LEASED. 3n accordance with the terms and conditions af this Lease, Lessor
hereby d�mises to Lessee, and Lessee hereby accepts and Xeas�s from Lessar, the ground space at
Fort Warth Meacham Tnter�atianal Airport ("Airport") in Fort �JQrth, Tarrant Counly, Texas,
identi�ed as Lease Site 32-N ("Premises"), as shown in Exl�ibit "A", attached heretv and hereby
made a part of this Lease for all purpases.
2. TEF�N� �� LEASE. This Lease shall operate on a month-to-month basis, comrnencing on
the date as of which both Lessor and Lessee have executed it. This Lease will automatically renew
nn tile first {ist) clay af each month unless termi�ated by either party. In vrder to terxninate t�is
Lease, a pariy must provide the ofher party wrth vvritten notice of its inient to tertninate �at less than
thiriy {30) calez�dar days priar to the effective date of such iertninatic�n.
3. RENT. Lessee's manthly rent shall be a sum equal to (i) the unzznproved and improved
ground rate at th.e Air�ort, as specified by Lessor's ptiiblzsh�d De�ar.-tmealt af Avia#io� Schedule of
Rates and Charges (the "Rates and Charges") in e:ffect at the time (`Base Rent"), plus (ir} ten
percent (10%} of the Sase Rent, which is a premium required by the Rates and Cl�arges for al!
month-to-monih leases (collectively the "Rent" see Exhibit A and A-1}. �f this Lease com�mences
on a date other than the first day o�a given rnonth ar is ef�ecti�ely ternn.inaked as of a date other than
the last day of a given mont�i, Rent for such partial month shall be prorated. The Ra#es and Cl�arges
are subject to change at any time. In th� event of such a changa, Lessor wil� provida at least thirty
(30) calendar days' notice to Lessee before accardingly ad3usting Lessee's Rent under this Lease.
Rent payments must be r�ceived by Lessor's Revenue Office, lOQO Throckmorton, �ort Worth,
Texas, 7f 101-49'16, on or before the %rst day af each month. Rent sha.11 be considered past due if
Lessor has nat xec�ived full payment af�er the tenth {lpth) day of tlxe mc�nth for which payxn,ent is
d�re. Without limiting Lessor's termination r�ghts as provided by this Lease, Lessor will assess a
late fee af tEn percent (10%) per mon#h on the entire balance of an.y averdue rent that Lessee may
accnie to reimburse Lessor for its costs and inconvenience incunred as a resuli of such delinquency.
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4, UTILITIES. Lessee, at Lesse�'s sole cost and expense, sha�l be respansible fvr the use af
aIl utility services to the Premises a.�d for all other relat�d utzliiy expenses, zncluding, but not
limited ta, installation casts.
5. MAINTENANC� AND REpArRS B� L��S�E. Lessee agrees to keep and maintairi the
Pr�rnises in a g�oad, clean and sanitary condition at all times. Lessee cavenants and agrees t�ai it
will not make ar suffer any waste of �he Premises. Lessee will, at Lessee's sole cost and expense,
make a11 repairs necessary to pr�v�:nt the deferiora�ion in condition or value of the Prernises,
uzcluding, but not limited to, the maintenazxce of and repairs to any structures that may exist on the
Premases, including, but not li�xi.rted ta, doors, witidows and roofs, and all fixtures, equi��x�ent,
modificatians and pavement. Lessee shall be respo�sible far all damages caused by Lessee, its
agents, servants, empioyees, cantractoxs, subcontractars, licensees or invitees, and Lessee hereby
agrees to fully repair or otherwise cure all such damages at Less�c's sole cost and e�pense. Lessee
agrees that, except as o#herwise expressly provided herein, all improvem�nts, trada fixtures,
furnishings, equipment and other personal property of every kind or descriptian which may at any
tinle be fln the Premises shall be at Lessee' sole risk ar at the sole risk af thase claiming under
Lessee.
6. Yi�TSPECTIONS BY LESSOR. Lessor shall bave the right arad pri�vileg�, through its
officets, agents, servants or employees, to inspect the Premises. Except in the event of an
em�rgency, Lessor shall conduct during Lessee's ordinaxy business hours and sha�l use its best
efforts to provide Lessee at least two (2) hours notice prior to inspection. If Lessor determines
during at� inspection o� the Premises that Lessee is responsible under this Lease for any
maintenance or repairs, Lessar shall notify T.essee in writing. Lessee agrees to begin such
maintenance or repair work diligently within th.iriy (30) calendar days followir�g receipt af sl�ch
notzce and ta then eornplete such mainte�at�ee or repair w�ork within a reasonable time, eonsidening
Yh� nature of the �+ork to be done. I�Lesse� fails to begin the recommended inaznfenance ar repairs
witlun su�h time or fails to compl�te the mainter�ance or repairs within a reasonable tirne, Lessor.
rrzay, in its diseretion, perfarm such mazntenanc� ox repairs on bel�alf of Lessee, In tlais event,
Lessee will reimburse Lessor for th� cost of the maintenance ox repairs, and sucli rei�nbz�rsenlent
will be due on the data oF Le�see's next monthly rent payzxzent follawiizg completiorz of the
maintenance or xepairs. During any inspection, Lessar may perform any obligatians that Lessar is
authoiized ar required to perform under the terms of this Leas�; or pursuant to its govercunenkal
duties under federal stat� or Iocal laws, rules or regulatian.s.
7. T�[A��RDOi]S SUBSTANCES ANll E�VVi�ON1VIENTA.�. RE1ViED�f'�.TZON. Lessee
agrees that it has inspected the Premises and is fully advised of its own rights withaut reliance upan
any representatioz� rnade by Lessor concerning the environm�ntal canditit�n of the premises. Lessee
further agrees ihat (i} n.o activity sliall be conducted on the Premises that may pz-oduce any
�-Iazardous Sul�stances; (ii) the Premises shall noi �ie used in any manner f�r the starage of any
Hazardous Substances; (iii) �a portion of the Premises will be used as a landfill or dump; (iv}
Lessee wil� not install any �xnderground tanks of any type; (v} Lessae will not allow any surface or
suhsur�'ace conditions to exist or come in�o existence that constitute a pltblzc n;uisance; (vi} Lessee
will n�t pern�it any Hazardous Substances to be brought onto or disposed on or withzn the
Pxemises; and (vii) if Hazardaus Substances are t�raught onto or disposed an or within the Premises
Ground Lease 32N
Archer Westem ConsEruction
Paga 2 of 7
during the term af this Lease, Lessee, at Lessee's sole cost and expense, shall rezr�ove frona the
Premises and dispose oF such Hazardous �ubstances in accordance wiih Environmental Laws. For
purposes of this Lease, "Hazardous Substances" shall mean pollutants, contaminants, toxic or
hazardaus waste�, or any other substances, the removal of wliich is required or the �se of which is
restricted, prohibited or penali�zed by any "Environmental Law", which shall mean any law,
regulatian, rule or ordinance relating to health, pollution or protection of th.e environment.
8. CONSTRUCTION AND IMPROVEMENTS. Lessee rnay not make or cause to be made
any modif cations, renovatians or improvernents to the Premises and may not undertake any
construction work on the Premises unless (i} Lessee first obtains written approval from the Aviation
Director t�r authorized representati�e ("Directar") and (ii) this Lease is amended in written forrn,
signed by both parties, to provide far procedures and regul.ations pertaining to such mndifications,
renovations, iznpro�ements or construction work.
9. INSURANCE. Lessee shall maintain the following insurance coverage, a� th� limits
specified herein, at all times that this Lease is in e£fect: {i} Fire a.nd Extended Coverage on aIl
improvernents at full replacement cost lizn.rt; (ii) Commercial General Liability at $1,OQO,QdO p�r
occurrence, including products aztd completed opera�ions; and (iii} Automobile I.�iability at
$1,000,000 per accident, including, but not lirnited ta, coverage on any automobile used in Lessee's
operations on the Prernisas. Tn addi.tion, Lessee shall be re�ponsible for all inst�rarice to
construction, imprav�ments, modifications ar renovations ta the Premises and far p�rsonal property
of its own or in its care, custody ar control. Lesse� shall cause all insurance policies providing
co�erage under this Leas� io name Lessor as an additional insured and to provzde that no material
changas in coverage, including, but not limited to, cancellation, termination, non-renewal or
amendment, shall be made vvithout thirly (30} days' prior �ritten notice io Lessor. Insurance
requir�ments under this Lease are subject to change at Lessor's optian, and Lessee will compIy with
any slich new requirerrients within thirty (30) calendar days following notification to Lessee.
Lessee sha11 furriish Lessar with appropriate c�rtificates of insurance sigr�ed by the respective
insurance campanies as proof that it has obtainad fhe types and amoun.ts of insi�rance coverage
required herein. �
10. IN1lEPENDENT CDNTRACTOR. It is expressly understood and agreed that Lessee
shall operate as an independent contractor as ta aIl rights and pri�ileges granted lnereui, a�d not as
an agent, representative or employee of Lessor. Lessee shall have the exclusive ri�ht to control the
details of its opera�ions a��d acfiivities on the Premises and shall be solely responszble far the acts
and omissions of its officers, agents, sen+ants, employees, contractors, subcantractors, patrons,
licensees and invitees. Lessee ack�xowl�dges that the doctrine of respondeat superior s1�a11 not
apply as �etween Lessor and Lessee, its officers, agents, ernployees, cantractors and subcantraetors.
Lessee further agrees that nathing herein shall be construed as ihe creation of a pa�tnership or joint
enterprise between Lessor and Lessee.
1�. TND7�lY�ivIFICATION. L�SSEE HE�EBY (ij ASSUMES A�L LIABILITY AND
RESPONSIBILITY FQR ANY DAMAGES, 11VCLUD.�NG, BUT NOT LIMI?'ED TO,
PRQPERTY LOSS, PROPER7'Y DAMAGE AN�D/OR PERSONAL �INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSQIYS, OF ANY IffND D�i CHARACTER,
Ground Lease 32N
Archer Westem Construction
Page 3 of 7
WHETHE�t REAL OR ASSERTED, ARISING OUT DF OR IN C4NNECT"ION WITH I?'S
USE OF OR OPERATIONS ON THE A�'RPORT" UNDER TH1'S L�'ASE QR WITH THE
LEASIIVG, MAl'NTENANCE, USE, OCCUPANCY, EXIST'ENCE OR L�CATIDN OF THE
PREMISES �R ANY1'MPROVEMEIVTS THEREON, EXCE�T T'O TI�E EXTENT CAUSED
B Y THE GROSS NEGLIGENCE OR Il�'2'EN?'1'ONAL MISCOND UCT OF LESSOR, ITS
SERVANTS, AGENTS OR EMPL�YEES AND (ii) COVENAN7'S AND AGREES TO, AND
DOES HEIIE�Y, INDEMNIFY, H4LD HARMLESS AND DEFEIYD LESSOR, ITS
OFF�CERS, AG�NTS, SERVANTS AND EMPLOY.EES, FRO�Il AND AGA�NST ANYAND
ALL CLAIMS, LAWSUITS OR OTHER ACTIONS FOR ANY KIND �F DAMAGES,
INCLUDING, BUT NOT LIMITED TO, R PR�PERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR �OSS TO LESSEE'S BU,SINESS A1VD ANY RESUL7TNG LOST
PROFITS) AND/�R PERS�NAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, �F ANY KIND OR CHARAC2'ER, WHETHER REAL OR AS,�ERTED, ARI.SING
OUT OF OR IN CONNECTION WITH THE �TSE, LEASING, MAINTENANCE,
OCC�IPANCY, �'XISTENCE QR LOCATI'ON �F THE PREMISES OR A�VY
IMPROVEMENTS THEREDN, EXCEPT TD THE EXTENT CAUSED BY T'HE GROSS
NEGLI'GEIVCE DR INTENTI'OhTAL MISC�NDUCT OF LESSOR, I7'S SERVANTS,
AGENTS OR E�IPLQYEES. LESSOR DDES NOT GUARAN?'EE POLI'CE PRO�'ECT'ID�1'
TO L�SSEE OR ITS PROPERTY. LESSOR IS OBLIGATED ONLY 7"O PROVIDE
SECURITY ADEQUATE TO MAINT'AIN LES�OR'S CERTIFICATION UNDE� FAA
REGULAT"IO11�S �L�SSEE SHALL COMPLY WITH ALL APPLICABiE REGU�ATIONS
OF THE FAA RELATING T'O AIRPORT SECURITY. LESSEE SHALL PAY ALL FfNES
IMPOSED BY THE FAA 011f LE,�,S�R OR LESSEE RESULTIIVG FIZOM LESSEE`'S
FAILURE �'O COMPLY WI'TH SUCH FAA REGULATIONS OR TO PREVENT
UNAUTHO�?IZED PERSDNS OR PARTl'ES FROM TH�IR OBTA��VING ACCESS` TO THE
AIR �PEItATI�NS A�:EA OF THE AIRPORT FR4M THE P.REMISES.
1.2, EFFECT OF TERMINATION OR EXPIl2AT�ON OF LEASE. Upon termination ar
expiration of this Lease, titie to all improvemen�s an #he Premises and all fixtures and other items
attached to any structure on the Pre�nises shall pass to Lessor. Ii�. addition, all rights, powers and
privileges granted to Lessee hereunder shall cease and Lessee shall vacate the Premises. Within
twenty (20} days following the effective date of termination or expiratian, Lessee shall remo�e fron�
the Premise� aiI trade fixtures, tools, machinery, equipment, materials and supplies placed on the
Premises by Lessee pursuant to this Lease. A$er such time, Lessor shall have the right to take full
pQssession af the Premises, by farce if necessary, and to remove any and alI parties and }�roperty
remaining on any part of the Prernises. Lessee agzees that ii vvill assert no claim of any kind against
Lessor, its agents, servants, employees or representatives, which may stem fraxn Lessor's
termination of this Lease oz any act incident to Lessor's ass�rtion of its righ# to temlinate or Lessor's
exercise of any rights granted hereunder.
13. ASSIGNII�ENT. SUBLETTING AND L�ENS. Lessee shall not assign, sell, convey,
sublease or tran.sfer any o� its rights, privileges, duties or in�erests granted by this Lease without the
advance written consent of Lessor. Lessee sha�l not take an.y action ar make any contxact fihat may
create or be the fvundation far any lien on either the r�al properiy of or az�y Irnprovement on the
Premises. Ja� the event that any such purported Iien is created ar fileci, Lessee shall cause such lien
to be liqlYidated and discharged.
Graund Lease 32N
Archer Westem Construclion
Page 4 of 7
14. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee co�enants a.nd agrees that it shall nat engage 'rn any unlawful us� of' th� Prerr�ses. Lessee
further agrees that it shall noi permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and
Lessee immediately shall remove from the Premises any persan engaging in such unlawful
activities. Unlawful use of the Pzemis�s by Lessee itself shall constitute an unm�dia�e breach of
this Lease. Lessee agrees to camply with all federal, state and local laws; all ordinances, rules and
regulations of Lessor; all rules an.d z'egulations established by the Directar; and all rules and
regulations adopted by the City Council pertaining to the conduct required at the Aixpart, as such
laws, ord�ina.nces, rules and regulaiions exist or rnay hereafter he arnended or adopted. If Lessor
noti�ies Lessee or any of its of�cers, agents, employees, contraetars, subcontractors, licensees or
invitees of any violation of such laws, ardinances, rules ar re�ulations, Lessee shall irnmediately
c�esist from and correct the violaiion.
15. NON-D�SCRIMINATION COVENANT. Lessee, for itself, its personal representativ�s,
successors in .interest and assigns, as part af the consideration herein, agrees as a covenant running
with the land that no person shall be excludad from participation in or de�ed the benefits of
Lessee's use of th.e Premises on the basis of race, color, national origin, religion, handicap, sex,
sexual orientation or familial status. Lessee �uriher agrees for itself, its personal repxesentatives,
successors in interest and assigns that no person shall he excluded frarn the provision of any
services on or in the construction af ar�y impro�exn.en�s vr alterations to the Premises on groLinds of
race, color, national origin, religion, ha.ndicap, sex, sexual orientation or familial �tatu.s. If any
claim arises from an alleged violation of this non-discrirninafiion covenant by I,essee, its personal
representatives, successors in in�erest or assigr3..s, Lessee agrees to indenuufy Lessor and hold Lessor
harznless.
1y. G�VERNM�NTAL PO�VERS. It is understood and agreed that i�y execuiion of this
Lease, Lessor does not waive or suarender any of its gover�uriental powers.
],8. N4 '4�'A.�VER. The �'ailure of Lessor to insist upon the performance of any term or
provisian. of ihis Lease or to exerczse any right granted herein shall not constitute a waiver of
Lessor's right to insist upon appropriate performance or tv assert any such right on any future
accasion.
19. VEI�TUE AND JURISDICTION. If any action, whether xeal or asserted, at law or in
�q�iity, arises on the basis of any provision of this Lease or of Lessee's operations on the Premises,
venue for such action shall lie in state caurts Iocated in Tarr.ant Couzaty, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division. This Lease sha1Z be
canstrued in accordance with the Iaws of fhe State of Texas.
�0. SEVERAB�LTTY. If any provision af this Lease shall be held to be invalid, illegal or
unez�forceable, the validity, legality and enforceability of the remauung provisions shall not in any
way be aff�cted or impaired.
Graund Lease 32N
Archer Westem Construction
Page 5 of 7
21. k�EADING5 NOT C41�iTROLLING. Headings and titles used in tlnis Le�se are for
reference purposes only and sha11 not be deemed a part o£ this Lease.
��. ENTIRETY OF AGREEMENT. This written instnument, including any documents
attached hereto or incorporated herein by reference, contains the eniire understandi.�g ax�d
agreem�nt between Lessor and Lessee, its assigns and succassors in interest, as to the rnatters
cantained herein. Any prior or contemporaneous oral or written agreernent is here�y declared nu�l
and void to the extent in conflict with any provisions o� this L�asE. The terms and conditions of
this Lease shall not be amended unless agreed ta in writing by both parties ar�d approved by the City
Council of Lessor. 'Tl�is Lease may be execuied in multiple counterparts, each of which shall be
cansidered an original document.
EXECUTED AS OF THE LATER DATE BELOW:
CITY OF FORT WO H:
By:
ike Groamer
Assistant City Manager
Date:
���- ��}� I � S
Lessee'
By:- - �
Name: �ni a�' � � � ���-�
Title: 'P�,p,�� ~r f+/LI�a/1A-��'L
Date: � �� � �
ATTEST:
�
By: � .�-
ity Secr
A.PPR�VED AS TO FORM AND LEGALITY:
By:
� �
Assistant City Atto�
M � c:� � ,.�
Ground Lease 32N
Archer Westem Constructian
Page 6 of 7
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Con�ra�:t Autharization
Date
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STATE OF TEXAS
C�UNTY OF TARRANT §
BEFORE ME, the u�.deJ'.�'gned�ut ority, a Notaxy Public in and far the State of Texas, on
this day personally appeared �'/ i���'�� , known to me to be the person whose
nam� i�ubscri ed to the foregoing insf�rument, and acltnowledged to me that the same was the ac�
o� r �" ���/7 �z�:�a�d f5 .L-��� . and that he executed the same as the act of
��oi�c� �lQ.�cr.��v-� for the purposes and considerat�on therein expressed and in #he capaeity
�herein stated.
GIVEN UN]��it��ViY HAND AND SE,AL OF OFFICE this
�,' `�; `.�+���,!�E Qk��,01.
���� • Y'�� �� � '�
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_ :
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!i •� ��9� OF �P� "� :
'�i�f •��°•;XPIR�S ..•' ��.
'��������i � i�i� +N��������
STATE QF TEXAS
COUNTY OF TARRANT §
�
day of
L
�� �
Natary Public in and for the State of Texas
BEFORE ME, the undersigned authority, a Notazy Public in and for the State of Texas, on
this day personally appeared Mike Groorner, l�.owz� to me to be the person whose narn.e is
subscribed to t�e %regoing instrurnent, az�d aclrnowledged io me that the saxz�.e was tl�e act of the
CITX OF �'URT WORTH and that he executed the same as the act of tk�e CITY- OF FORT
WORiH for the purposes and consideration iherein expressed and in the capacityth�rein stated.
GNEN LTNDER Ni� TiAND AND SEAL OF OFFICE this /� day of
�/�.v� , 2001.
,.....
�'�AR.IAU6 ROS�LLABAR�VES
_ - �`� Nara�v pu��ic ���
� ��� scate of rexas
"��"� Camm. E'xp, p3-31-2p05 Notary Public in and for the State af Texas
N������M1
li i,�noa ,� ��n,��ia�.� n�,ra�n�,� n•
Ground �.ease 32N
Archer Westem Canstruction
Page 7 of 7
L�ASE SITE
32 N
70'iAl. RENT
ARCkf�R lf'����'�RN GOWY�4C�9R�
14�onfih to i�onfih Agreemen�i �
EXf�I�IT �
DESCRIPTION
Unimpro�ed Ground
improved Ground
_ � � ��' � �l
- ��}
�... :;� , �. �.' _�
� r
;�.�' �r
'�i y�y
h�' y
SQ. FT
9, 504
7,8Q0
RATE MONTH Y�AR
$Q.21 $166.32 ` $1,995.84
$0.24 $156.00 $1,$72.00
$322.32 $3,867.84
Exhibit A. Archer Western 1 9J4101