HomeMy WebLinkAboutContract 27590�:f7'Y �����T�i�Y
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FORT WORTH MEACHAII� INTERNA�'IOIiiAL AIRPORT
TERN�TNAL BY3ILDING OFFICE LEAS� AGREEMEI�TT'
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This TERMINAL BiJILDING �FFYC� LEAS� AGREEIVIENT ("Lea�e") is made and
entered into by and between. the CITY OF FORT WORTIi ("Lessar"), a home rule mur�.iczpal
corporation situated in Ta�ant County, Texas acting by and thraugh, its duly autharized Assistant
City Manager, and TOWIYZEN & ASSOCTATES, I1�IC: {"Lessee"}, a Texas corporation acting
by and through Jesse Tow'nzen, its duly authorized Presideni.
Tn consideration o� the mu�iial cov�nants, promises and obligations contained herein, the
parties agree as �ollows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the followi�g real properly (hereinafter referred to as
"Premises"} in the Temninal Building ("Terminal") at Fart Worth Meacharn Ix�ternatianai �iiport
("Airpart") in Fort Worth, Tarrant County, T�xas:
l.x. 399 square feet of second fl�orr office space identified as Suite 240 Complex
depict�d on Exhibit "A", attached hereta and hereby made a part of this Lease for a1�
puiPoses; and
2. TERM OF LEASE.
The �nitial Term of this Lease shall comme�ce on the date of its execution ("Effectarve
Date") and expire at 1�:59 P.M. on Septernber 30, 2DD2. Unless ternlinated in accardance with the
pravisiozxs of th.is Lease, this Lease auiomatically sha�l renew far successive Renevval Tezms of one
year each, cornmencing at 12:00 A.M, on Octobex 15� of each year and expiring at 11:59 P.M. the
follawing Se�tember 30�'; provided, however, that the rental rates for each Renewa! Term shall be
adjusted ta comply wzth the rates gz�escribed for the Premises by Lessar's published 5chedule of
Rates and Charges in effect at the same time.
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3. REl�IT.
3.1. Rent Durin� �nitial Term.
During the Lutial Terim af this Lease, Lessee shall pa� Lessor as annua! rent for the
Premises the sum of Faur Thvusand Two Hun.dred Forty Nine and 35J100 Dallars
($4,2�9.35), payabl� in equai monthly irastallments of Thre� Hundred Fifty Four and � 1l100
l7ollars ($354.11). T�e renfal rates under �is Lease are based on Lessor's published
Scheduie of Aa�es and Charges in effect as of the Effective Date flf this T�ease, Prior to #he
Effective Daie of thxs Lease, Lessee shall pay one (1} month's rent in� advance. Tn the event
that this Lease co�mences on a day ather than the first (lst) day af any given nnanth, the
first mo�th's rental payrnent shail be prorated in accordax�ce with ih� nu�mber af days
remaizung in ihat month.
3.2. Rent Dnrin� Renewal Terms.
Rental rates for each Ren�wal Term shall comply witl� the rates prescribed far the
Premises by Lessor's published Schedul� of Rates and C�iarges in effect at the sazne time.
3.3. Pavment Dates and Late Fee�.
All monthly rent payments under this Lease are due on ar before the first (1 st} day
of �ach month. Payments must be received during normal working haurs by the due date at
�e location far Lessor's Revenue Office as set forth i�n Section 18. Rent shall b� considered
past due i� Lessar has not received fixll �aym�nt aiter the (l Oth) day a£ the month for which
payment is du�. Lessor will assess a late penalty charge of ten percent {1�%} per manth on
top Qf the entire month's rent for each tnonth in which rent is past due.
4. DEPOS�T.
Upan execution of this Lease, Lessee will rernit to Lessor a maintenance/damage deposit
("Deposit") equivalent to one montl�'s rent. Thereafter, Lessee shall, at a minimum, mainfiain its
Depasit in axa amount that is equivale�t to its current mon�y rental amount for the Prexziises.
However, Lessor may increase the arnount of the Deposit to a reasonable sum in excess of one
month's rent, Lessee's fai�ure to maintain its Deposit as required sha.11 constitute a hreach of this
Lease.
Lessee's Deposit shall be zn the form of a cash payment. Lessee will not be entitled to any
interest on this Deposit. Unless Lessor terzninates this Lease for any breach, default ar failure by
Lessee, L�ssor will refund any unused partian of xhis Deposit within thirty (3�} days followin� the
date that Lesse� vacates the Premises. L�ssee acknowledges that if Lessar terminates this Lease for
any breach, default or failure by Lessee, Lessee shall farfeit tl�e entire balance of its Deposit.
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�. UTILYTIES.
Lessor agrees and covenants that it will pay for all u�ilities in use o� the Premises, with the
�xception of telephone utilities. For alI leased space in the baseanent of the Terminal, Lessee
acknawledges that Lessor will not provide or pay for any a�r conditioning or heating services.
Before installing any fiype of air conda�ioning or heating de�ices in the basement of the Terminal,
Lessee s�a�I obtain written permission fram �e Director af Airport Systems or au�horized
represez�tative and shall, at Lessee's own expense, provide a ventilation system acceptabie to Lessor.
Lessee agrees thai all h�atirag equipment and other elecf�ically-operated equipment which may be
used on the Pr�mises shall fu11y camply with the City of Fort Worth Mechanical, Electrical,
Plumbing, Fire and Building Cades, as they exi.st ar may hereafter be amended.
6. iVIAINT'ENANCE AND REPATRS.
b.l. Maintenanee and Repairs bv Lessor.
�.,essor shall provide janitorial services to the Premises unless located in the
basement of th�e Tem�i.nal. Lessor agrees to perform minor repairs and maintenance on a
tixnely basis as required by the ordinaxy usc; af the Premises under the terms af' this L�ase
an.d whi.ch are not caused by a�ny violation thereof by Lessee. Lessor shail have the riglat
and privilege, thrc�ugh its o�cers, agents, servants or employees ta �nspect the Premises at
any time. If Lessc�r determines that Lessee is xesponsible fa�r any maintenance ar repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to undertake such
maiz�tenance or xepair work wiihin thirty {30) calendar days of receipt af notice. �� Lessee
fails to undertake the maintenance or repairs recommended wi�in this time, Lessor may, in
its discretion, perform the necessary maintenance or repairs on behalf o� Lessee. In thzs
event, Lessee will reimburse Lessar for the cost of the maintenance ar xepairs, and payment
vv�ll be due ox� the date o�Lessee's next rnanthly rental payment following cazz�.pletion of the
repairs.
6.2. Maintenance and Renairs bv Lessee.
Lessee agrees to keep and maintain the Prernises in a good, clean and sanitary
condition at all #imes Lessee covenants and agrees that it will not make or suffer any waste
oi the Prerrjises. Lessee shall not a�low any holes to he drilled or mad� in the �rick, plastex
or cemez�t wark. Less�e wi� not pile ox stare i�oxes, cartans, barrels or other similar items
in a rnanner t1�at is unsa�'e or unsightly. Upon termination of this �ease, Lessee agrees to
return the Pre�nises to Lessor in the sa�ne conditit�n as originally r�ceived, subject ta
ardi�.uary wear and tear cansistent with normal use o�er time. Lessee is r�sponsible for all
damages cau�ed by the negligence or rni.sconduct of Lesse�, its agents, servants, employees,
coniractor�, subcontractors, patrons, licensees, invitees or trespassers.
Far any portion of the Premises loeated in the basernent o� �he Terminal, Lessee
sk�all provide, at Lessee's own expense, a.nd use covered metal receptacles for the tempora�y
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storage o� alI trash and garbag� and arrange and pay far the sanitary transport and permanent
disposal away from the Airport of all vf Lessee's trash, garbage and refuse.
6.3. Insnection.
Lessor, through its officers, agents, servants or employees, ras�rves the right to enter
the Premises at any time ir� order to perform any and all duties or obligations which Lessor
is autlaorized or required ta do undex the terms of this Lease ar to perform its governmental
duties under federal, state ar local zules, regulations and laws (including, but not limited to,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing, and Fire
Codes, vr other health, safety and general welfare regulations). Lessee will germit the Fixe
Marshal of th� City of Fort Warth or his agent� to make �inspection af the Premises at atty
time, and Lessee wil! carnply with a11 recomm�ndatians rnade to Lessee by the Fire Marshal
or his age�ts ta brzng the Premises inta cvmpliance with the City of Fort V+%orth F�re Code
and Build.ing Code pravisians regarding fire safety, as sueh provisions exist or may
hereafter be added or amended. Lessee shall maintain in a progez canditifln accessible fire
extingui5hers of a number and type approved by Fire U'nderwr�iter� far the particular hazard
in�ol�ed. Lessor shall prov'�de Lessee with advance notice of inspection when reasonable
under the circums#ances.
�. ACCEPTANCE OF FREMISES.
7.1. Asbestos Abatemen�t Activities.
Lessee aeknowledges �tlte �x�stence of asbestos-containing material on the
Premises. After investigation by Lessor, Lessor represents tha�, ta the best of its
knowledge, asbestos-containing materials exist on tha Pz'emises ta the extent identified in
Lessor's Level TS Asbestos Assessment Report dated October I2, 1992, a public docuznent
on file in Lessor's City Secretazy's Off�ce and incorparated her�in by reference for all
purposes. Lessee co�en.�nts and agrees to comply with all federal, state and local laws and
regulations, now in existence or promulgated in. the fi.rtu3ee, which pertain to asbestos-
containing materials. Lesse� covenants and agrees to covperate fully with any asbestos
abatement activity plan or asbestas operations and maintenance plan set forth by Lessor,
Lessee further covenants and agre�s to notify and obtain written approval from Lessar prior
to Lessee's undertaking of any repairrs, renovations, alterations ar improvements to the
Premises or of any other activity which migY�t disturb asbestos-con�aining materials. Lessee
agrees that it shall be saleiy responsible for a11 expenses of such activities. Lessor retains
the right to perfo� or cause to be performed air satnpling on the Premises to check for the
presene� of aarbome asbestos �'�bers. Lessee agrees to a11ow Lessor full access to the
Premises to perform such tests. Lessor wiil make the results of any such tests available #o
Lessee at L,essee's �equest.
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`%.�. Lessee's Accentance of Premises.
Lessee agrees and cover�ants that i# has inspected the Premises and is fully advised
of its own rights witho�xt reliance upoa� any representation made �y Lessor concernin� the
condition a� the Premises. Lessee accepts the Premises in its pxesent condition as
satisfactory for a11 purpos�s se# forfh in this Lease.
S. CO1tiISTRUCT�bN AND IMPROVEMEl�TTS.
Lessee may nrrt undertatce or allow az'ty pariy to undertake any kind of �.lteration, erection,
improvernent ar atlier construction work an ar to the Premises ut�ess it �irst requests and receives
in writing approval from the Directar of Airpart Sys#ems or authorized representative. A.11 such
approved construciion wark on and improvements to th� Prerrzises shall comply full� with the
Americans with Disabilities Acx a� 199Q, as amended.
9. PARHING.
Lessee shall have the right to use the designated public parking areas and, to the extent
available and in accordance with policies established by the Dixector of Aiiport Systems or
aukharized representative, to r�serve parking space in ttze permit area kriown as Lot B on the north
side of the Terminal for the parking of company v�hicles and the vehicles o�' its emplayees,
licensees or in�itees, suhject to all ardiinanees and regulations of the City of Fort Wort�. and all
nther applicable laws.
10. USE OF PREMISES.
Lessee agrees to use the Premises excluszvel� for aviation or aviation-related commercial
activities. It is specificaliy agreed and stipulated ihat the �ollowing concessioz�s are prohibited
ur�der this Lease, uriless specifically approved by the Di�ector of Airpart Systems or authori2ed
xepresentative: {i) ground transportation for hiare; (ii} motor vahicle rental, including ta�ci and
limot�sine service; (iu} food sales; (iv) barber and valet services; (v) aJ.coholic beverage sales; and
(vi) aviation-related saies of piiot supplies,
11. SIGNS.
Lessee may, at its own expense and with the priox written approval of the Di�ectax o£
Auport Syster�s or autklorized xepresentative, create, install and rriaintain signs in the Tezminal
indicating Lessee's business. Such sigtis, however, must be in keeping wirth the size, color, lacation
and manner af display of other signs throughout the Termznal. in addition, Les�ee may, at its oum
e�pense, rnalce, insta.11 and maintain a sign outside the Terminal on Lessor's property subject to prior
written approval by the Director af Air�ort Systems or authorized xepresentative as to th� sign's
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placement, appearance, constntction, and confor�mity with applicable City Code restrict'rons.
L�ssee shall maizatain a11 signs in a safe, neat, sightiy and physically gaod conditian. Lessee
agrees to pay L�ssor for any damage, injury or necessary repairs to the �remises resulting from the
installation, maintenance or r�moval of any s��ch sign. Lessee also agrees ta remave any sign at its
own exp�nse im.mediately upon receipt o� instructions for such rema�val frorn the Director o�
Airport Systems or authorized representativc.
12. RIGHTS AND RESERVATIONS OF LESS�R.
Lessor hereby retains the �ollowing rights and reservations:
1�.1. AlI f�xtttres and items permanently attached to any structure on the Premise� belong
to Lessor, and any additians ar alterations z�aade thereon, shall immediately become
the property of Lessor.
1�.2. Lessor xeserves the right to take any action it considers necessary to protect the
aerial approa�hes of the Airport against o�structian, including, but no# laimited to,
the right ta prevent Lessee from erecting ar permiiting to be �rected any buildir�g ar
ather structure which, in the opiruon af Lessor, would limit the usefulness t►f the
Airpori, constituta a hazard to aircraft or diminish the capability of existing ox future
avigatianal ar navigatzonal aids us�d at the Airport.
1�.3. Lessor reserves �.e right to close tempararily th� Airport or any af its facilities �or
maintenance, improvements, sa�ety or security of either �he A.iYport or ihe public, or
for any other cause deemed necessary by Lessax. �n this event, Lessor shall in na
way be Iiable for any darnages asserted �ay Lessee, including, but not �imited ta,
damages from an alleged disruptian of Lessee's busi.ness operations.
12.4. This Lease shall be subardinate to the provisians of any existing or fut�r.'e agreement
between Lessor an.d the Ur�ited 5tates Government whzch relates to the operation or
maintenance oF th� Airport and is required as a conditian �'or #he expendih�re of
federal funds far the development, main.tenance ar repair o� Airport iar�r'astruct�ure.
1�.�. During aziy war or natis�nal emergency, Lessor shall have the zight to lease any part
of the Air�aort, including its landing area, to the United States Gavernrnent. In this
even#, a.�y pravisions af this instrument which are inconsistent with the provisions
nf the lease to the Government shall be suspended. Lessor s�all not be liable for any
loss or damages alleged by Lessee as a result af this action. However, zzothing in
this Lease shall prevent Lesse� from pursuing any r�ghts it may have for
reimbursement fram the United States Goveznznent.
12.6. Lessor covenarfts and agrees that during the tern� of tlus Lease it will operate and
rnaintain the �.irport and its facilitie� as a public airport consistent with and �ursuant
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to the Sponsor's Assurances given by Lessor to the United States Government
through the �ederal Airport Act; and Lessee agrees thaf. tl�is Lease and Lessee's
rights and privileges hereunde:r shall be subordi�ate fa the Sponsar's Assurances.
�3. INSURAl�TCE.
13.1., Tvt�es of Covera�e and Limits.
Lessee shall procure and maintain at ali times, in full foxce and effect, a policy or
policies of insuranc� as specified herein, naming the City of k'art Worth as axi additional
insured and covering all public risks related ta the leasing, use, occupaney, �naintenance,
existence or location o� the Premises. Lessee 5hai1 obtain the falla�ving insuranc� coverage
at th� limits specified herein:
� Cammercial General Lia�ility:
$300,000.00 per accurrence
(including �'roducts and Completed Operations};
In addition, Lessee shall be responsible for all insurance io any approved caxastruction,
improvements, modifications or xenovations an or to the Premises and for personal property
of Lessee or in Lessee's care, custody or contral.
13.2. Adiusfineents fo Required Coverage and Limits.
Insurance requirements, including additianal types �nd li.mits of coverage and
increased limits on exasting coverages, are subject ta change at Lessor's option, and Lessee
will accordingly camply with such new requirements within thirty (30) days following
notace to Lessee.
13.3. Certifcates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessar vvith a certificat� of insur�.nce signed by the undarvrriter as proo� fihat it has nbtained
the types and amounts af insurance coverage required herein. Lessee hereby covenants and
agrees that not less than thzxty (30) days prior ta the expi.ration of any insuran.ce policy
required hereund�r, it sha11 provide Lessor with a new or renewal ce�riificate of insurance. Tn.
addition, Lessee shall, on demand, provide Lessor with evidence that it has maintained such
coverage in �ull fc�rce and effect.
13.4. Additional Repuirements.
Lessee shall maintain its insurance with undervvriters autho�ized to do business in
the Sfate of '�'exas and which are satisfactozy to Lessor. The policy or policies of insurance
sk�all be endorsed to cover �11 of Lessee's operations at the airport and to pro�ide thai no
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nnaterial changes in coverage, including, but r�ot Iimited to, cancellatian, tErmination, non-
renewal or amendment, shall be made without tlurly (30) days' prior written natice to
LessQr.
14. INDEPENDENT CpN''TRACTOR.
It is expressly und�rstood and agread that Lessee shall operat� as an independent contractor
as to all rights and priviieges �anted herein, and nat as an agent, represeniative a:r emplaye� of
Lessar. Lessee shall have the exclusiv� right #o control the details of its operations and activities on
the Pr�mises and shall be solely respansible fax the acts and omissions of its offcers, agents,
ser�ants, employees, cantra�tors, subcontractors, patrons, licensees and invitees. Lessee
acknowledges that t�e doctrine of respondeat supet-ior sha�l not apply as between Lessar and
Lessee, its of�iicers, agents, employees, cor�tractors and suhcontractors, Lessee further agre�s that
nothing he�ein shall be construed as the creatian of a partnership or joint enterpxise between Lessor
and Lessee.
15. INDEMNYFiCAT�ON.
LESSEE HEREBY AS'SUME,S .ALL LL4BILITY AND RESPONSIBrLITY FOR
PRl?PERTY LOSS, PROPEIRTY DAMAGE AND/OR PERSCINAL 11YJURY OF ANY Kl'ND,
INCLUD.ING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CH�RACTER,
WHETHER .REAL DR ASSERTED, ARISING OUT O.F OR IN CONNECTION WIT� T'HE
USE OF ThTE Al'RPORT tINDER T�IS LEASE UR W1'Tl� THE LEAS�"NG,
MA�T11r?'ENANCE, ZTSE, OCCUPANCY, EXl'STENC� OR LQCATX�N OF TI-IE PREMI3ES,
EXCEPT TO THE EXTENT' CA USED BY THE NEGLIGEN7" ACTS 4R OMISSl'ONS OR
1'NTENTIONAL MISCONDUCT OFLE'SSOR.
LESSEE COVEIVAIVTS AND AGREES TO, AND DOES' HEREBY, INDENfNIFY,
HOLD HARMLESS AND DEFEND LES,SOR, IT5 OFFICERS, AGEIYTS, SERYANTS AND
E1�lPLOYEES, F'ROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DA.MAGE OR L�SS (INCiUDING ALLEGED DAMAGE UR LOSS
TO LESSEE'S BUSINESS A1YD ANY RESULTIIYG LOST PROFITS) .AN,D/OR PE'RSGINAL
INJUR Y, INCL UDING DEATH, �'� ANY AND ALL PERSONS, OF ANY K11VD OR
CH�4RACTEIz, WHE7'HER REAL OR .ASSERTED, ARISIIVG OU7' OF OR I11�
C�NNECT�01Y WITH THE USE �F T'HE AIRPC?RT UIVDER THl'S LEASE OR T�ITH THE
LEAS�'NG, MAINTE�VANCE, USE, OCCUPANCY, EXISTENCE OR LOCAT.ION OF THE
PRLMISES, L�'XCEPT TO THE �XTE�YT CAUSED &Y THE NEGLIGENT ACT'S �R
QMISSIO.NS OR IIVT.ENTIONAL MIS�'OND UCT OF" LESSOR.
LESSEE AS�'UMES ALL RESPONSIBILITY A1VD AGREE,S TO PAY LESSOR FOR
ANY AND ALi INTU.�Y OR DA�fAGE TO LESSOR'S PROPEIZTY Wh�ICH ARl'SES OU7"
OF OR IN CONNECTI4N WITH ANY AND ALL ACT'S OR �M.ISSIOIV'S OF LESSEE, ITS
OFF1'C�RS, • AGENTS, EMPLOYEES, CONT�ICTORS, SiI�CONTRACT'ORLS',
LICENSL�ES, INYITEES, PATRON� OR TRESPASS'ERS, EXCEPT TO THE EXTENT
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CAUSED BY T�I'E NEGLIGEN�' ACT'S OR OMISSI�NS OR INTENTIOIVAL
,1�ISCOND UCT OF LESSOR.
LES`SOR DOES N07' GUARANTEE PDLICE PI�OTECT�ON TO LESSEE �R ITS
PROPE�T'Y. LESSOR SHALL N�T BE RESPONSIBLE FOl� IIVTURY TO ANY PER.S'ON
Q1V �HE PREM.�SES OR FOR HARM TO ANY PROPERTY WHIChF BELONGS TD
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, C4NTItACTORS,
SUBCOIVT'RACTORS, LICENS`EES, INV!'TEES OR PATRONS, AND WHICH MAY BE
STOLEN, DES7'ROYED OR IN ANY WAY DAMAGED; .AND LESSEE HEREBY
I1VD��INIFIES A1VD HOLDS FIARMLESS LESSOR, ITS OFFICERS, AGENT.S,
SERVAIVTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CI<AIMS,
EXCEPT' 7'D TI�E EXTENT CAUSED BY THE NEGLIGEIVT ACTS OR OMIS'SIONS OR
INTENTIONAL MISCONDUCT OF �ESSOR.
] 6. WA.IVER OF CHARITABLE INiMUPTITY OR EXEMPT�ON.
If Lessee, as a char�itable association, corporaiian, partaiership, individual enterprise or
entit}r, claims immunity to or an exeznption from liability for any kind of prvpez�fy damage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
suc� i�rununity or exemption as against Lessor.
17. TERNIINATION.
In additaon to any tenmination rights pravided herein, this Lease may be terininated as
fo�lows:
li.l. Bv Either Partv.
Lessor or Lessee may texminate this Lease for any reasan, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thirty {34) days prior to the effectirve date o� such termination.
17.2. Airport Development.
In the event that Lessor requires the Premises (i) as part af its plans to fiirther
develop the Airport ar (ii) for the convenience of the public's use of the Airport, as
determ�ined by Lessor, Lessar may terminate �Yu� Lease by providing L�ssee with written
natice no� less than one hundred eighty (180) days prior to the effective date of such
termination.
17.3, Failure to Pav Rent.
�]
If Lessee fails ta pay rent for thc Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days fallowing notice ta pay the balance autstanding. If Lessee fails to pay the £ull
amount within such time, Lessor shall have the right to terminate this Lease i.unmediatefy.
1'�.4. Brcach or Default bv Lessee.
If Lessee cammits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver io Lessee a wz�i.ttez�. no�ice sp�cifying the nature of such breach or
default. Lessee shall have thirky {30} calendar days following notice ta cure, adjust or
cazrect the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or fail�tre witbin th� tirne period prescribed, Lessor shall have the right to terminate this
I.ease immediately.
17..�s. Ri��ts of Lessor Upon Termination ar Exqiration.
Upon terminatian or expiration of tius Lease, all rights, powers and privileges
granted ta Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee� agrees that it will return the Premis�s and all appurtenances and improvements
therean in good order ar�d repair and in the same conditzon as �xisted at the tune this Lease
was entered intfl, subject to ardinary weaz� and tear. Lessor shall have the immediate right
to take full possession of the Premis�s, by force if necessary, and to remove any and all
parties remaining on an.y part af the Premises without further legal prvicess a�d with.out
be�ing liable for trespass or any other ciaim. Lessor shall also have the right to remove any
and aIl fixtures or equipment �ha� may be found within or upon the. Premises without being
liable therefor. Lessee ag�rees that it will assert no claim of any kind against Lessor, its
agents, servants, emplayees or representatives which may stem from Lessoz-'s �ermination of
the Le�se ar any act incident to Lessor's assertion of its righ4 ta tertninate.
1�. NOTICES.
Notices required purs�nt to the provisions o� this Lease shall be conclusively determined to
have been delivered when (1} hand-delivered to the other party, its agents, employees, servants or
representatives, ar (2) deposited in the United States Mail, postage prepaid, addressed as fallows:
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To LESSOR:
For Rent:
For All Other Matters:
CITY OF FORT WORTH DEPARTMENT OF AVIATION
REVENUE O�'FICE MEACHAM INTERNATIONAL AIRPORT
1�00 THROCKMORTON STREET �4201. NORTH 1�IAIN STREET, SUTTE 200
FORT WORTH TX 7G102-6312 FORT WORTH TX 7bi Ob-27�9
To LESSEE:
TOVi�NZEN & ASSOCIATES, INC.
MR. JESSE TOWNZEN, PRESIDENT
8820 TL1i�NBERRY COURT
FORT WORTH, TX 76179
19. ASSTGNMEI�IT Ai�tD SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer az�.y of its rights, privileges, duties or
iurterests granted by this Lease without the advance written consent of Lessor. Any such txansaction
atternpted by Lessee without prior �vri�ten consent by �Lessor shall be null and void. If Lessor
consents to any such transaction, the respective assignee or subl.essee shall consent to camply in
writing with alI terms and conditions set forth in this Lease the same as if that party had ariginally
executed thi.s Lease.
2Q. LIENS BY LESSEE.
Lessee acicnawledges that it has no auihority to engage in any act or to make any contract
which may create or be the %undation for any lien upon the properiy or interest in the property of
Lessor. Tf any such purported lien is �reated ar filed, Lessee, at its sole cost an.d expens�, shall
liquidate and discharge the same within thirty (3�) days of such creation ox filing. Lessee's failure
to discharge any such purported Iien shall constatute a breach oi this Lease and � Lessor rnay
tertninate this Lease imrriediately. Hovvever, Lessee's financial obligation to Lessor t� liquidate and
discharge such lien shall continue ir� effec� followin� ternn.ination of this Lease and until such a tim.e
as tkie lien is discharged.
�1. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, siate or local taxes or assessments which �x�.ay
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by L�ssee as a result of its occupancy.
11
22. COMPLIANCE WITH LAWS, �RDi.1�1ANCE5, RULE5 AND REGULATIONS.
Lessee covenants and agrees thaf it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its offic�;rs, agents, servants, �mployees, contractors,
subcontractors, pairons, lice�sees or invitees to engage in any urilawful use of the Premises ar�d
L�ssee immedia�ely shall xe�nove from the Pre�ises any pexson engaging in such unlawFul
activities. UnlawFul use of the Premises by Lessee itself shall constitute an irnmediate breach of
this Lease.
Lessee agrees to comply with all federa�, state and local laws; all ordinances, rul�s and
regulatians o� the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Depart�.ents; all rules and reg�lations established by the Director af Airpart Systems; and all rules
ar�d regulations adopted 6y irhe City Council pertaining to the conduct required at airports ovvned
and opera�ed by tk�e Gity, as such Iaws, ordinances, r�iles and regulations exist or may hereafter be
amended or adopted. Tf Lessor notifies Lessee or a�r�y of its o�'ficers, agents, employees, contractors,
subcontractors, licensees or invitees of any vialatian of such laws, ordinances, rules or regulations,
Lessee sha11 immediately desist from and correct iha violatian.
23. NON-DI�CRIMINATION COVENANT.
Less�e, for itself, its personal xepresentatives, successors in interesi and assigns, as part of
th� consideration herein, agrees as a covenant runxung with the 1and that no person shall be
excluded from participation in or denied the benefits a� Lessee's us� af the Premises on th� basis of
race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee
fiu�ther agrees for itself, its personal representatives, successors in interest and assigns that nn
person shall be excluded from the provision of any sezvices on or in the construction of any
improvements or alterat�ons to the Prerraises an graunds oi race, color, nationai origin, religion,
hat�dicap, sex, sexual orientation or farnilial status.
Less�e agre�s to furnish its accommot�ations and to price its goods and services on a fair
and equal basis to aIl persans. In addition, Lessee co�enants and agrees tha�t it will at all times
compiy wiih any req�irements imposed by or pursuant to Title 49 of the Code af Federal
Regulations, Part 21, Non-Discrir�ination in Federaily Assisted Prograrns of the Department of
Transportation and with any ame�dments to this regulation which may hereaftEr be enacted.
If any claa�m arises from an alleged violaiion of this non-discrimulatian covenant 6y Lessee,
its persanal representatives, successors in interest or assigns, Lessee agrees to indernnify Lessor and
hald Lessar harmless.
24. LICENSES AND PERNIITS.
Lessee shall, at its sole expense, obtain and �Ceep in effect all licenses and permits necessary
for the operation of its business at the Airport.
l2
��. GOVERNMEI�ITAL POWERS.
It is understaad and agreed that by executian of this Lease, the City o£ �'ort Worth does not
wai�ve or surrender any of its governmen.tal powers.
26. 1�I0 WAIVER.
The failure af Lessar to insist upon the performance of any term or provision af this Lease
ar to exercise any right granted hexein shaIl not constitute a waiver of Lessor's right to in.sist upon
appropriate per�ormance or to assert any such right or� a.ny future occasion.
27. VENUE.
Should any action, whether x�al or asserted, at law or in equity, azise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such ac�ian shall lie in state courts in
Tarrant Caunty, Texas ax the United States Distric� Court for th� Northern District of Texas, Fort
Worth Division. Tlais Lease shalI be cons�rued in accordance with the laws of'the S#ate oi Texas.
��. ATTORNEYS' FEES.
In a�y actio� braught by Lessor for the enforcement of the obligations of Lessee, Lessor
shal� be entitled �o recover interest and reasonable attarn�ys' fees.
29. SEVERASILITY.
If any provision of this Lease shall be held to be invalid, illegal or un�nforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be afFected or
irnpaired.
30. FORCE MAJEURE.
Lessor and Lessee sha11 exercise e�ery reasonable effort to meet iheir respectiv� abligations
as set 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 theis reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God,�act� of amission, fires,
5�T11C�5, lockauts, national disasters, wat�s, riats, materiai or labor restrictions by any governmental
authority, �ransportation pxoblems ancllor any o#her cause beyond the reasonable control of the
parties. �
13
31. HEADiNGS 1vOT CONTROLLING.
Headings and titles used in tl�is Leas� are for reference pux�ases o�y and sha1l not be
deemed a part of this Lease.
3�. ENTIRETY OF AGREEMENT.
T�is written ins�rument, including any documents �coiporated herein by reference,
contains the entire nndersianding and agreernent between Lessar and Lessee, its assigns and
successors in interest, as to the matters contained herein, �ny prior or cantemparaneous oral or
wxitten agreement is hereby declared null and void to the extent in canflict with any provisions of
this Lease. The terms and conditions of this Lease shall not be amended uniess agreed to in writing
by both parties and approved by the City Council of Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
R
� day of 1 � , ���"
CITY OF FORT WORTH:
TQWNZEN & ASSOCIATES, INC.:
By �_•� '� � — --
Assistan� ity anager less Ta n��
sident
ATTEST:
�
By:
� �ity Secretary
APPR�VED AS TO FORM AND LEGALTTY:
By: ,���
.E�5515tailt Cl� .E��QI'�i�j�
M&�: ������a�
ATTE5T:
:
� �� �_ _
Contract Au�horization
`� `;�-/►��- ��
Date ---. . .-
14
U
�0ir�4� �i�t5`����
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� �il. �, . . 'lR�
�
STATE OF TEXAS
COUNTY OF TARRANT
0
�
BEFORE ME, the undersigned authority, a Notary Puhlic in and for t,he Stat� of Texas, an
this day personaily appeared Jesse Townzen, �nown to me to be the person whose name is
subscribed to the foregoing instrumcnt, and acknowledged to me that tk�e same vvas the act of
Townzen & Associates, inc. and that he executed the same as the act of Townzen & Associates,
Tnc. �or the purposes and cansideration therein expressed and in the capacity therein staied.
� _..
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �,� �iay of .•_;�.�,�.'-.
h
STATE OF TEXAS
`````,`��11111i �`�:ry r, � r�
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COUNTY OF TARRANT §
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- ` :� - ,'�-� �' - -
, _ ______
Notary Puhlic in and for the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and far the State of Texas, an
this day personally appear�d �iLr�� ��a,��� , known to me to be the person. whose
name is subscz�bed to the foregoing i�istr�Yrnent, and acknowiedged to me that the same was the act
of tk�.e City of Fort Worth and that he execut�d the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the eapacity therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this �/�"' day of ��� ,
, .,
zo��� �fl� �as����Aa��`�
No�r��� �u���� ; ����.�. ��..�.
�� � stste of ie�� � Notary Public in and for the State o�' Texas
��t�� Camai�. E�cp�. 0�-�1 2,� b
��..,.�..�, ��� � �-�.���_��
�olaV����i � 14�soc1�l��s, ��c.
L�ase Space
������� �
� �V� 1 G
24D
240A
24Q Tataf
��SCFtIPTION
$'10"X13'S" & 4'0"X4'11"
1i'11"X�4'7"
Al.LMNG£ - ,
-_._ _ �VR�
�aAw,�, k!/�R7H '
W'v D�P.hRiM�lV7' pF
AVlATf�N '
�
s�rxKs
SQ. FT. RAT� tiIIIONTH YEAR
938 $10.65 $122.48'� $1,469.70
261 $10.65 $231.fi4, $2,779.65
399 $354.11; $�4,2�49.35
r
Exhibit A,7ow�zen & Associates 317IO2
City of ` �o�t T�ijo�th, T'exas
� � �� �' �� � - �� - �
Co��r���at��n
DATE REFERENCE iVUMBER LOG NAME ��TOWN { PAGE 1�� �
4110101 �*��� �g�9 �
SUBJ�GT LEASE AGREEMENT W�T TOWNZEN & ASSOCIATES, INC, F�R OFFICE SPACE
AT FORT 11V�RTH MEACHAM INTERNATIONAL AIRPORT
RECOMMENDATION:
It is recommended that the Cify Council autt�orize the City Manager to execute an annua[ Terminal
Building Office L�ase Agreement with Townzen & Associafes, Inc. for Suite 240 in th� T�rminal
Bui[ding at Fort Worth Meacham International Airport.
DISCUSSI�N:
The Aviatian Department has received a r�quest fram Mr. .7esse Townzen, President of Townzen &
Assaciates, Inc., to �ease Suiie 240 in the Terminal Building at Fart Warth Meacham International
Airport. Suite 240 consists of 399 square feet, and rents for $� 0.65 per square foot.
The total revenue received from this lease will be $4,249.35 per year, or $354.11 per manth. The
projected re�en�e for fihe remainder of the fiscal year is $2,478,79.
All terms and conditions of the lease agreement will be in accordance with standard City and Aviation
Departm�nt policies.
The Aviation Advisary Board has reviewed this proposal without any opposition.
This praperty is located in COUNCIL D[STRICT 2.
F15CAL INFORMATIONICERTIFICATION:
The Finance Director cer�ifies that the Revenue Division of the Financ� Department will he responsible
for the collection and deposit af funds due to the Cify under this lease.
RG:k
Submitted for City Manager's I FUND I ACCOUNT � C�NTER I AMOUNT CITY SE�'RE'1'ARY
Office by: I {to)
� F'�44 491282 0552001 $2,478.79
Raman Guajardo
Originating DePartrnent Head:
Lisa A. Ayles
AddiE4ona1 Information Contact:
Lisa A. Pyles
G140
5403 (from)
�
5403 I
APPROVED 4-LO-41