HomeMy WebLinkAboutContract 27166CiTY SECRFTARY ,- - �
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F�RT WORTH MEACIIAli�I INTERl�ATIONAL AIRPURT
T�IIANGAR LEASE AGREEMENT
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This T-HANGAR LEASE AGREEMEI�IT ("Lease"} is made and entered inta by and
between �he C`I1'Y OF FORT WORTH {"Lessar"}, a hame rule municipal corpora�ion situated in
Tarrant County, Texas, acting by and through Mike Groomer, its duly authorized Assistant City
Manager, and PERFQRMAI�TCE MAGNETOS, INC. {"Lessee"), a Texas corpoxa�ian, acting by
and through Plullip Espaxza, its duly autihorized Presiden�
Tn consideration of th� rnutual covenants, promises a.nd obliga�ions contained hexein, Lessor
and Lessee agree as �ollows:
1. PROPERTY LEASED.
Lessor demises and leasas to Lessee ihe foilowing real property (hereinafter referred to as
"Premises"} at Fort Worth Meacham International Airport ("Airport") in Fort Warth, Taaxant
County, Texas:
1.1. T-Hangar 245-10, as shown in Exhibit "A", attached hereto and her�by made a part
of this Lease for aIl purposes; and
1.�. 129 square feet of Office Area B, as shown on Exhibit "A", attached hareta and
hereby mad� a part of this L�ase for all �urposes.
�. TERM OF LEASE.
�.1. Initial Term and Renewal Terms.
The Initial Term af this Lease shail cornmence on the date of its execu�ion
("E�t'ective Date"'} and expire at 11.59 P.M. on September 30, 2002. Unless terminated in
accordance with tha provisions af this Lease, this Lease automatically sha11 rer�ew far
successive Renewal Terms of one year each, commez�cing at 12:00 A.M. on Octaber lst of
ea.ch year and expving ai 11:59 P.M. ihe following September 3D�th; pravided, bowever,
that the rental rates far each Renewal Term sha11 b� adjusted to comply with the rates
prescribed �or �he Premises by Lessor's published Schedule a� Rates and Chaxges in effect
at the same time.
�.�. Holdover.
If Lessee halds aver after the expirataon af the terna of this Lease, this action wi11
create a rnonth-to-month tenancy. In thi� event, Lessee agrees to pay the rental amount
set for the Premises hy the Schedule of Rates and Gharges in effect during the applicable
holdover period. Any month-to-mo:nth tenancy shall be sub,�ect to a11 other terms and
candrtians of this Lease.
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3, RENT.
31. Re�t Durin� Initial Terrn.
Lessee hereby promises and agrees to pay Lessor as rr�an.thly rent for the Premuses
the sum af Two Hundt'ed 5ixty Two and 471100 Dollars ($262.47). Tlne rental rates under
this Lease are based on Lessor's Schedule of Rates and Charges in effect as of the Effective
Date o�this Lease. �n the Effective Dat� of filiis Lease, Lessee shall pay the first and last
months' rent in advance. In the event that this Lease commences on a day other than the
first {lst) day of any given month, the first rr�onth's rental payment sha11 be prorate,d in
accordaxa.ce with the number of days remaiinirig in that month.
3.� Rent Duriu� Renewa! Terms.
Rental rates for each R�newal Term shall comgly with the rates prescri�ed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
3.3. Payment Dates and Late Fees.
Monthly rental payments are due on or be%re the first (lsi) day of eacY� rnonth.
Payments must be receiv�d during norinal working hours by the due date at the Iocation for
Lessor set £orth in Section 15. Rent shall be considered past due if Lessar has not received
full payment a£ter the (lOth) day of the month £or which payment is due. Lessor wi11 assess
a late penalty charge of ten percent (10%) per month on tap af the entire mont�'s rent for
each month in �vhich rent is past due. •
4. MAINTENANCE A1�iD REPAIRS,.
Lessea agrees to keep and maintain the Pxemises in a good, clean and sanitary condition at
all times. Lessee, at its own expen.se, shall arrange %r the sanitary trans�ort and permanent
disposal away frorn the Aizport of all of Lessee's trash, garbage and refuse. Lessee covenants and
agrees that it will not make or su�'fer any waste af the Premises. Lessee will not pile or store boxes,
cartons, barrels or other similar items in a manner that is unsafe o� unsightly. Lessee sha�l be
responsible for all damages caused by the negli�ence or misconduct af Lessee, its agents, servants,
employees, contractors, subcontractors, license�s ar in�tees, and Lessee agrees to fully repair or
otherwise cure all such dama�es at Lessee's sole cost and expez�se.
S. CONSTR�[FCTION AND IMPROVEMENTS,.
Lessee shall not undertake or allaw any party to undertake any kind of alteration, erectian,
improvement or other cons�ruction work an or to the P�remises unless it first requests and receives
in writing approval from the Director of Airport Syste�ns or authorized representative. All such
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approved canstntctian work on and improve�ents fo th� Premises shali fully comply with the
Americans with Disabilities Act a�' 1990, as amendad.
6. INSPECTIO�T AND ACC�PTAI�ICE OF PREMISES.
6.1. Insnections.
Lessar, through. its officers, agents, servants or employees, reserves the right to enter
the Fremises at any ti_me in ardcr to perfarm any and all duties or obligatio�s which Lessor
is authorized or required to do under ihe tezms of this Lease ar #o perform its gaverrimental
duties under federal, state ar local zules, regulations and laws (includivag, but nbt limited to,
inspeetions under applicable Health, Mechanical, Building, Elecirical, Plumbing and Fire
Codes or other heaith, safety and general welfare regulatians}. Lessee shall pravide Lessoz�'s
Dixectar of Airport Systams or authorized repzesenfative with a key or combination ta any
locki�n.g system.s that Lessee places on any doors on the Premises. Lessor shall provide
Lessee �vith advance notice of rnspection when reasonabie under tlae circurnsfances.
Lessee will pernut the Fire Marshall of the City of Fort Worth ox his agents to make
inspection of the Pre�nises at any time, and Lessee will conapl� with all recommendatio�s
made to Lessee by ihe Fire 1Vlaxshal or his agents to bring the Prernises into compliance with
the City o� Fort Wort� Fire Cocle and Builciing Code provisions xegaxding firre safety, as
such pra�isions exist or may hereafter be amended. Lessee shall mainta.in in a praper
condition accessible fire extinguishers of a number and ty�e approved by fir� underwriters
for the particular hazard involved.
6,�. Envirnnmental Remediatian.
To th�; best of Lessor's knowledge, the Premises cornrapiy with all applicable
federal, state or local environmental regulations or standards. Lessee agrees t�at it has
inspected tha Premises and is fully� advis�d of its own righis withou# reliance upan any
xepresentation made by Lessor concernin.g the envi:ronmental condition vf the Premises.
Lessee, at its sale cost and expense, agrees that it shall be fully respo�sible for the
rem�diatian of any violation of any applicable federal, state or lacal government
en�i�onrnental regulatians or standards that is caused by Lessee, its officers, agents,
servants, employees, contracta�s, subcontractars or i�vitees.
6.3. Accepta�ce
In addition to Section 6.2, Lessee represents ta Lessor that Lessee k�as inspected ihe
Premises and is fully advised of rts own rights without reliance upon any represer�tation
made by Lessor concerning the condition of the Premises. I�essee accepts the Premzses in
thei� present condition as sa�isfactory for all purposes set forth in this Lease.
7. PARKING.
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All motar vehicles at th� AiYport must be paxked in areas designaied as matar vehicle
parkin� areas.
S. USE OF PRENIISES.�
Lessee shall use the Premises exclusi�ely for the starage of aircxaft. Lassee's use of the
Premises fo�r any other purpose shall constitute a�naterial breach of this Lease.
9. RIGHTS AND RESERVATIONS OF LE559R.
Lessar hereby retains ihe following rights and reservation.s: ,,
91. All fixtures and items pertnanently attached io any stn�cture on the Premises belang
to Lessor, and an.y addi�ions or alterations made thereon shall immediately l�ecome the
property af Lessor.
9.2. Lessor reserves the right to close temporarily the Airpart or ar�y of its £acilities for
maintenance, improvements, safeiy or securiiy of eith.er th� Airport az' the public, or for any
othar cause deemed necessary by Lessor. In Yhis event, Lessor shall in no way be liable for
any darna�es assertad by Lessee, including, �ut not limited fio, darriages from an aileged
disruptaon of Lessee's business operatians.
9.3. Tlus Lease shall be subordinate to the pro�c+isions of any e�sting or fuiure agreement
between Lessar and the United States Governrnent which relates to the operation or
mainienance a�' ihe Airport and is required as a condition far the expenditure of federal
funds for the developmeni, rr�ai.�tenance vr repair of Airport iu�frasinicture. .
9.4. During any war or nat�anal emergency, Lessor shall have the right ta lease any part
of the Airport, including its landing area, to the United States Government. Iu this event,
any provisions of t.�iis instnunent wluch are inconsistent with the pravisions of the lease to
the Governn�ent shall be suspended. Le�or shall not be liable for any loss or damages
alleged by Lessee as a result of this action. However, notkiing in this Lease shall preven�
Lessee frarn pursuing any rights it may have for reimbursement from the United 5tates
Government. .
9.� Lessee's rights hereunder shall be subject to all existing and future utility easements
and rights-of-way granted by Lessor for the installation, maintenan�ce, inspection, repair or
rem.oval of facilities owned by operated by el.ectric, gas, water, sewer, communication or
oiher utility companies. Lessee's rights shall additionally be subjeet to all rights granted by.
all ordinances or statutes t�vhich allow such utility companies to use publicly-owned
property for the pravision of ut�lity �ervices.
9.6. Lessar covenants and agrees that during the term of this Lease it wili operate and
maintain the Airport and its facilit�es as a public airport cansistent with and pursuant to the
Sponsor's Assurances given by Lessor to the United States Government tharough the Federal
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Airport Act; and Lessee agrees that this Lease and I,essee's rights anc� privileges hereunder
shall be subordinate to the Sponsor's Assurarices.
10. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a�aolicy or policies of
insurance as speci�ed herein, naming the City of Fart Worth as an additional insured and covering
all public risks related to the leasing, use, accupancy, maintenance, existence or location af the
Prezx�ises. Lessee s�all obtain an Aircraft Liability insurance policy vwith covezage at the following
limits:
p Bodily Injury and Property batnage:
$100,000 per person;
$304,d00 per occurrence.
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Insurance coverage limits may be rewised upwarcl at Lessvr's optian, and Lessee will
accordinglq increase such amounts wi.thin thirty {30) days follawing natice to Lessee of such
requirement. The palicy or palicies af insuarance shall be endorsed ta pravide that no material
changes in coverage, including, but not Iimzted to, cancellat�an, t�rminatian, n4n-re�ewal ar
amend�ent, shall be made without thirty (3D) days' prior written notice to L�ssor.
Lessee shall maintain its insurance with un.derwriters authorized to do business in the State
of Texas ancl which are satisfactory ta Lessar. .As a candition precedent to the e�ffectiven�ss of �his
Lease, Lessee shall fiu�nish Lessor with a certificate af ir�surance signed by the underwriter as proaf
#hat it has obfained the types and amoun�s of insurance coverag� required herein. in addition at any
�ime Lessee shall, on dernand, provide Lessor with avidence that it has maintained such coverage in
full force and effect. .
11. INDEPENDENT CONTRACTOR.
It is expressly und�rstood and agreed that Lessee shall aperate as an independent cantractor
as to a11 rights and privileges granted herein, and not as an agent, represer�tative ar employee of
Lessor. Lessee shall have the e��Iusive rigiit ta conirol the details of its o�erations and activities on
the Premises and shall he solely respansible for the acts and omissions of its o�i'icers, agents,
servants, employees, contractors, subcontractors, patrons, licensees and invitees. Lessee
acla�ov�rledges that the doctrine o� respondeat supet�ior sha11 not apply as bei�reen 'Lessor and
Lessee, its officers, agents, employees, contractars and subcontractors. Lessee further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
1�. IND�MN�FICATION.
iESSEE HEREBY ASSUMES ALL L.IABILITY AND RESP�.NSIBILrTY FOR
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PROPERTY LO�'S, P.ROPERTY DAMAGE AND/�R PERSDNAL INJURY OF ANY HIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND Ol� CHARACTER,
WHETHER REAL OR ASSERTED, ARISING DUT' DF OR IN CONNECTIDN WITH THE
USE OF 7'HE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENAIVCE, IISE, UCCUPANCY, �Xl'STENCE OR L�CATION OF THE PREMISES,
EXCEPT TO THE EXTENT CAITSED BY THE NEGLICENT ACTS OR OMISSIONS OR
INTEIVTIONAL MIS�OND UCT' OF LESSOR.
LESSE'E COVENANTS AND AGREES TO, AND DOES HEREB�', zNDE1YlNIFY,
HOLD HA.RMLESS A1VD DEFEND LESSOR, ITS OFFICERS, AGENTS, SERYANTS AND
EMPLOYEES, FRQM AND AGAINST ANY AND �iLL CLAIMS OR LAWSUITS FOR
E�'THER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSI'1VESS AND ANY RESUL�'ING LOST PIZOFITS) A1VD/OR PERSQNAL
fNJURY, ING`LUDING DEATH; TO .ANY AND ALL PERSONS, OF ANY. XIND OR
CHARA�TER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE 4F THE A�PORT UNDER THI�' LEASE QR WITH TI�E
LEAS1'NG, MAINTENANCE, USE, OCCUPANCY, EXIST.�IVCE OR LOCATTOIV OF THE
PREMfSES, EXCEPT T4 THE EXTE�VT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENT.IONAL MISC'O�VD UCT OF �ESSQR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR �OR
ANY AND ALL 1'NJURY OR DA�VIAGE �'D LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONIVECTI"OIV WITH ANYAND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFF1'CE�S, AGEIVTS, EMPLQYEES, CONT.RACTDRS, S�TBCONTRACTORS,
LICENSEES, INVITEES, PATRONS �R TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE 1YEGLIGElYT ACTS �R OMISSIONS OR INT'EIVTIONAL
Ml'SCOND UC?' OF LES50R. �
LESSOR DOES NOT GUARANTEE POLICE PROTECT��N TO ,�ESS�`E OR ITS
PROPERTY. LESSD� SHALL NOT BE RESPON,SISLE FOR 1'1VJURY TO ANY PERSON
ON T�IE PREMISES OR FOR HARM T4 ANY PRQPERTY WHICH BELONGS TD
LESSEE, ITS 4FFICERS, AGENTS, SERVANTS, EMPLOYEES, C`ONTRACTORS,
SUBCONT'RACTORS, LICENSEES, INVITEES DR PATRONS, AND WHICH MAY BE
STOLEN, D.EST'ROYED OR IN A1VY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES �1ND HOLDS HARMLESS LESSOR, ITS OFFI`CERS, AGENT'S,
SERYANTS A1VD EMPLOYEES FROM AND ACAINST ANY �1ND A�L SUGH CLAIMS,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMIS5IONS OR
�NTENTIONAL MISCOND UCT 4F LESSOR.
13. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a chari�able associatioz�, carporation, parinerslup, individual enterprise or
entity, clairns immunity to or an exemption from liabiliiy far any kind o� property damaga or
personal damage, injury or death, Lessee hexeby expressly waives its rights to plead defensi�ely any
such imrnunity or exernption as against Lessor.
C�
14. TEIt1VIINATYON.
In addition io any termination rights provided herein, this Lease may be terminated as
follows:
14.1. Bv Either Partv.
Lessor or Lessee may #erminate this Lease fc�r any reason, ta be effective on the
expiraiion date of the term in effect at the time, by pmviding the other pariy with written
notice not l�ss than thirty (30) day� prior to the effec�zve date af such tertnination.
14.2. Faiiure to Pav Rent.
�f Lessee fails to pay rent for the Prernises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amaunt due. Lessee shall have ten (1�)
calendar days following notice io pay the balance outstanding. If Lessee fails ta pay the full
amaunt within such time, Lessor shall have the rigl�t to tertninate this Lease unmediatiely.
14.3. Breach or Default bv Lessee.
If L�ssee comrnits a�ny breach or default under this L�ase, other than a faiiure to pay
rent, Lessee shall deliver to Lessee a written notice speczfying the nature of �uch breach or
default. Lessee shall have thirty (30) calendar days followir�g �notice to cure, adjust or
correct the problern ta the satisfactic�n of Lessor. If Lessee fails to cure the breach, defaul�
or failure within the time period prescribed, Lessar shall have the right to terminate this
Lease iz�mediately. . �
14.4, Ai�hts o� Les�or U�pon Termination or Exniration.
�Jpon the termination or e�piratian of this Lease, all rights, powers axid privileges
granted to Lessee hereunder shall crease and Lessee shall imnrxediat�ly vacate the Prexz�ises.
Lessee agrees that it will x�turn the Premises and all appurtenances and impro�ements
thereon in gaod order and repair and in Ehe same conditian as e�isted at the tirne this Lease
was eniered inta, subjeci to ordinarywear and tear. Lessor sha11 have the immed'zate right to
take full possession of th� Premises, by #"arce if necessary, and ta remove any and aIl parties
remainin.g on any part of the Premises withnut further legal process and without being liable
for trespass or any other claim. Lessor shall also hav� the right to remov� any and all
fixt�ares or equipment �hat zan.ay he found within or upon the Premises with.out being liahle
there�`ar. Lessee agrees that it will ass�rt no claim of axj.y kind against Lessor, its agents,
servants, employees or represent�tives which may stem from Lessor's termination af th�
Lease or az��+ act incident ta Lessax's assertian of zts ri�it to ierminate.
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i�. rroTicEs.
Notices required pursuant to the provisions of this I,ease shall be conclusively dstemuned ta
have b�en delivered when (1) hand-delivered to the other pariy, its agents, employees, servants or
represen.tatives, or (2) deposited in the United States Mail, postage prepaid, addressed as foliows:
To LESSOR:
For Rent:
CITY OF FORT WORTH
REVENUE OFFICE
l 0�0 THROCKMORTON STREET
FORT W�RTH TX 76IO2-6312
F�r All �ther Maiters:
DEPARTMENT OF AVIATION
MEACHAM INTERNAT�ONAL �1IRPORT
4201 NORTH MATN STREET - SUTFE 200
FORT WORTH TX 7b106-2749
To LESSEE:
PHILLIP ESPARZA, PRESIDEN°T
PERFORMANCE MAGNETOS, INC.
3312 HAMILTON AVENUE
FORT WORTH, TEXA� 76107
1G, ASSIGNIV�ENT.
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Lessee shall not assign, sell, convey, sublet or transfer any of its rights, pri�ileges, dutzes ar
interests granted by this Lease wi�fhout the advance written cansent of Lessor. Axiy attempted
assignrrient without prior writ�en consent by Lessar sha11 be null and void. If Lessor eonsents to any
assignment, all terms, covenants and agreexrients set fo7rth in this L�ase shall apply to the assi.gnee,
and said assignee shall b� bound by the terms and conclitzons o� this Lease the same as if it had
originally been a party to it.
1.7. LIENS BY LESSEE.
Lessee acknowledges that it has no a�xtharity to engage in any act or �o rnake any eontract
which may er�ate or be the �oundaiion for any lien upan the property ar inte:rest in the properiy of
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same within thirty (30) days of sucb. creation or filing. Lessee's failure
to discharge any such purported lierr shall constitute a hreach of this Lease and Lessor nn�ay
terminate this Lease immec�i.ately. However, Lessee's financial obligation ta Lessor to liquidate and
discharge such lien shall con�inue in ef�ect following terminatian of this Lease and until such a tiine
as the lien is discharged.
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18. TAXES A1�1D ASSESSMENTS.
Lessee agrees to pay any and all federal, stat� or local taxes or assessme�ts which may
lawfully be levied against Lessee due to Lessee's use or accupancy of the Premises or any
improvements �r property placed an th� Premises by Lessee as a result oi its occupancy.
19. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS,.
Lessee covenants and agrees that it shall not engage in any unlawful use of t�e Pretnises.
Lessee further agrees that it shall nat permit its officers, agents, servants, employees, contraetors,
subcontractors, patxons, licensee� ar invitees to engage in ar�y unlawfitl use af' th� Prerriises and
Lessee immediately shall remove from the Premises any person engaging in s�ch unlawful
activiiies. Unlawful usa of the Premises by Lessee itsel� shall constitute an immediate breach of
this Lease.
Les�ee agrees �o comply with all federal, stat� and local laws; all ordinances, rules and
regulations of City af Fort Worih and the City of Fart Worth Polic�, Fire and Health Departments;
aIl rules and regulations established by the Director of Airport Sys�ems and authorizad designee;
arad all rules and regulations adopted by the City Council pertaining to the conduct required at
airports ovan�d and o�erated by the City, as such laws, ordinances, rules and regulations exist oz
may hereafter be aznended or adopted. If Lessor n.otafies Lessee or any vf its afficers, agents,
employees, contractozs, subcontractors, licensees or inviiees of any violation of such laws,
axdinances, rules or re�ulatioz�s, Lessee shall immediately desist from and conect the violation.
2D. NON�DTSCR111uNATION C4VENANT.
Lessee, �or itself, its personal represe�.tatives, successors in interest and assign.s, as part of
the consideration herein, agrees as a covenant ru�7ning with th� land that no person shall be
exeluded from parti�ipation in �r denied th� benefits of Lessee's use o�the premises on the basis of
race, calar, national origin, religion, handicap, sex, sexual orientanon or familial status. Lessee
ii�rther agrees for itself, its personal representa�ives, successors in interest and assigns that na
pexson shali be excluded from #h� provision of any services an or in the construction of any
improvements or alterations to the premises on groun�s o� race, color, national origin, religion,
handicap, sex, sexual orientation or familial stafius.
Lessee agree� to furnish its accor�modations anc� to price its goods and services on a fau
and equal basis to all pexsons. In addiiion, Lessee covenants and agrees ihat it will at all times
camply with any requirernents imposed by or pursuant to Title 49 of tha Code af Federal
Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of ihc Department of
Transportation and with any amendments to this :regulaiion which may hereaftar be enacted. If any
claim arises ,firom a�a alleged violation of this no�t-discriminatiara cove�xa�at by Lessee, rts
personal representatives, suceesso�s in interest or assig�s, Lessee agrees to indemnify Lessor assd
hold Lessor harnrless.
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�i. GovERrr�r�T�, rovt�Rs. .
It is urzc�erstood and agreed that by execution of this Lease, City of Fort Workb does not
waive or surrender any of its governmental powers.
22. NO WAiVER
The failure of Lessor to insist upon the perfarmance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist }�pon
apprapriate performance or to assert any suc� right on any future occasion.
23. VENUE AND .TUi�SDICTION.
Should any action, whether real or asserted, at law or in equity, arise out. of ihe terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie iva. state courts
located in Tarrant County, Texas, or tb.e�United States District Court €or the Northern District of
Texas, Fort Worth Division. This Lea�e �hall be canstrued in accardance with the laws of the State
of Texas.
24. ATTORNEYS' FEES.
In any actian brought by Lessor or Lessee for the enforcement o�the obligations ofthe.ather
party to thts L�ase, the pxevailing party shall be entitled to recover in�erest and reasonable attorneys'
fees.
25. SEVERABILITY.
If any provisian of this Lease shall ba held to be invalid, illegal or unenforceable, the
validity, �e�a,lity and enforceability o� the r�maining provisions shall not in any way be affected or
impaiared.
26. FORCE Ii�IAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective oblzgations
�s set forth in this Lease, but shall not be held liabJ,e for any delay in or omission of performance
due to �orce majeure or ather causes beyond their reasonable eoz�trol, inclu�in�, but not lirn�ted to,
compliance with any government law, oxdinance or regulatian, acts of Gad, acts of omission, �res,
strikes, lockouts, national disasters, wars, riots, material ar lalaor restrictions by any gover�ur�.ental
autharity, transportation problems and/or any other cause beyond the reasonable contral of the
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parties,
27. ENTIItET'Y OF AGREEMENT.
This written instru.ment, including any documents incorporated herein by r�ference,
contains the entix'e understanding and agreement be�ween L�ssar and Less�e, its assigns and
successors in interest. Any prior ar cantemparaneous oral ar written agreement is hereby deelared
null and void. This LeaSe shall not be amended unless agreed to in writi.ng by bofh Lessor and
Lessee and approved in advance by Lessor's City Cauncil.
IN VVITNESS WH�R�OF, the parties hereto ha�e executed this Lease in multiple� this
' m, day of _ � '` � . • .
�'
CITY OF FO1�c7'i WO�`TH:
�, .
BY� - +� � , _ � -
Mike Groomer
Assistant Git3r Manager
ATTEST:
ATTEST:
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By; By:
��; City S cretary
APPROVED AS TO FORM AND LEGALiTY:
' �.
By: �i - ' �.
A5S�5tc�it C1ty .E�ttOl�y
M&C: � -/�i,� l �-�:5-�i
�IETO�, TNC.:
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STATE OF TEXAS §
C�UNTY QF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and far the State of Texas,
on this day personally appeared Phillip Esparza, known to me to be the perso� whose name is
subscribed ta the �oregaing instrurnent, and acknowledged to me that the same vvas the act af
PERFORMANCE MAGNETOS, YI�C. and that he executed the same as the aet of
PERFORMANCE MAGNET�S, INC, for th� purposes and consideration therein expressed
and in the capacity therein stated.
� � ,.
GIVEN UNDER MY HAND AND SEAL OF OFFiCE this r� �` day of G..d
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,P1u�b �., . . � , 1� _ /�y
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3..0�:,�� �O�"�' A�' s� �of r�,�s Notary Public in and for the State of Texas
`��',H„ � M�r Cammlastan Explres �
, July 26, 3pp3
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STATE OF TEXAS §
COUNTY OF TARR�NT
. BEFORE ME, the undersigned autl�.nrity, a Notary Public in anc� far the State of Texas, on
this day persaza.ally appear�d Mike Groomer, known to me to be the person whose naxx�e is
subscribed to the foxegaing instrurnent, a.nd acknovvledged to me that the same was the act of the
Cify o� Fo�i Worth and that he executed the same as the act of #he City of Fart Wotrth far the
purposes and considexafiion therein expressed and in the capacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this /%� ay of � ,
do . .
o<�� �p � ROSELLA BARN�S ' � �
��''�,....�� n�o7a�Y �ue��c l�c�.e�, �t,v�.�-- - �
����� Stake qf Texas Notary Public in and for t.he State oi Texas �� �
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a�u.ie�r��v r.��'n s,'n . ,�. .-�� �'i..�--. ,fi,l��' . � . . .
��Ri l�ld8�ib I��ACb�l14� �h1T�I�N�.i18NAL ��RPORT
T��1�NC�R �4S
Unit Dimens9ons: 41' wide by 32'4" deep, 20'4" wide in the narrow area.
NOi i0 SCAL@
�l 5 Q 3
1B 9 � 7
LI -
UNIT NABIi�
9 Darren Rhea, Pr�sident
2 Scott Tankersley
3 Dan Morton
4 Terry Fricks
5 Jahn Gough
6 Dr. Mark Hammonds
i �red Rigg�
8 Randy Gillar
9 Rhn Rommer
Ameritech Mob91e MedicaE Systems,
LLC
'!0 Phi�fip �sparza
�erformance Magnetos, Inc.
A N/A
B Phillip �sparza
Pertormance Magnetos, Inc,
129 SF x 1.16
�xEii�i-r � •
���iT��RTH
� z I
�
� � 6
1 -
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MONTHLY
275, 00
250.00
25D.00
25a.ao
250.Q0
250.00
250.OD
250.00
250.00
250.00
'�2.47 per rnonth
HGR24S -�xhibit A for the Leases 81901Q1
�`r%y of'�'or� �'o�h9 T'exas
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DATE REFERENCE NUM9ER LOG NAME PAG�
912510'! **��� �'� g'� � -- 55ESPARZA � 'i af '{
SUB.]ECT LEASE AGREEMENT WITH PERFORMANGE MAGNET�S, INC. FOR T-HANGAR UNI�"
24SIUNIT 1Q AND OFFICE SPACE AT F�RT WORTH MEACHAM INTERNATIONAL
AIRPORT _ __ ____ ____._._
RECOMMENDATION:
It is recommended that the City Council authorize the City Manage� to execute a T-Hangar Lease
agreement with Performance Magnetos, Enc. for hangar and office space in T�Hangar 24SIUnit 10 at
Fort Worth Meacham International Airpar�. .
DISCUSSION:
Phillip Esparza, Presid�nt of Performance Magne#os, Inc., requests io lease T-Hangar 24SIUnit 1D and
129 square feet of office spac� at Fort Wo�th Meacham iniernational Airport at the rate prescri�ed by
the Schedul� of Rates and Charges. Rent w9ll be a�justed annualky on October 1 st in accorc#ance with
the rate in effect at tfi�ai time.
The term of the iease wilf begin on the date of �xecution, a�d expire September 3Q, �002. The lease
will automatically renew fior subsequent annual terms, unless eithe� parky nat9fies the other at least 30
days in advance ofi ti�e expiration of its intent to cancel the agreement. A11 terms and conditior�s will
follow standard City and Aviation Department policies.
The re�enue received fram this iease under the current Schedule of Rates and Charges will be $262.47
per month, or $3,1�9.64 per y�ar. The projec#ed revenue for the remainder of the current fiscal year is
$524.94.
The �roperty is located in COUNCiL DISTRICT 2.
FISGAL INFORMATIONICERTIFiCATION,:
i'he Finance Director certifies that the Re�enue Offiee a� the Finar�ce Departmeni will be re5ponsibie for
the coilec�ion and deposit of funds due to the City under #his lease.
IWIG:n
5ubmi�ted for City Mana�er's
Qftice by: �
,.� , - . .
Mike C:roomer
Urfgtnati�ag Department Read:
Li.sa A..Pxle�
'A.. � ' ' �
,..,..,,.�;��:,_', :... � � •.
'irid�i�iir�i�llnformation Coniact:
Luis Elgueza6al
I FUND ` ACCOUI�IT �
�(to)
PE40 4913'12
6140 I
5�103 � (from)
54ai �
CE1�iTER ` AMOUNT
0552001 $524.94
CITY SECRETARY
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