HomeMy WebLinkAboutContract 31938 CITY SECRETAR.
vflSECRETARY
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CONTRACT NO.
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
HANGAR LEASE AGREEMENT
HANGARS 22S AND 23S
(TERM)
This HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in
Tarrant County, Texas acting by and through its duly authorized Assistant City Manager, and
FIRST INTERNATIONAL BENEFITS MARKETING GROUP,INC. ("Lessee").
In consideration of the mutual covenants, promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee approximately 9000 square feet of unimproved land for
the sites known as Hangars 22S and 23S (hereinafter referred to as "Premises"), at Fort Worth
Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas, depicted on
Exhibit"A," attached hereto and hereby made a part of this agreement for all purposes herein.
2. TERM OF LEASE.
2.1. Term.
The term of this Lease shall commence on the date of its execution ("Effective
Date"), and expire on June 1, 2015. ("Expiration Date").
2.2. Holdover.
If Lessee holds over after the Expiration Date, this action will create a month-to-
month tenancy. In this event, Lessee agrees to pay the rental amount set for the Premises by
the Schedule of Rates and Charges in effect during the applicable holdover period. Any
month-to-month tenancy shall be subject to all other terms and conditions of this Lease.
3. RENT.
3.1. Rent During First Year of Term.
From the Effective Date of this Lease through September 30, 2005, Lessee shall pay
Lessor as annual rent for the Premises the sum of One Thousand Eight Hundred Ninety and
00/100 Dollars ($1,890.00), payable in equal monthly installments of One Hundred Fifty
Seven and 50/100 Dollars($157.50). The rental rates under this Lease are based on Lessor's
published Schedule of Rates and Charges in effect as of the Effective D fe oT-flus Lease..
Meacham Hangar Lease (Multiple Year Term)
Prior to the Effective Date of this Lease, if applicable, Lessee shall pay one (1) month's rent
in advance. In the event that this Lease commences on a day other than the first (1 st) day of
any given month, the first month's rental payment shall be prorated in accordance with the
number of days remaining in that month.
3.2. Rent Adjustments.
The rental rates set forth in Section 3.1 shall be increased by Lessor on October 1st
of each year, beginning October 1, 2005, to reflect the upward percentage change, if any, in
the Consumer Price Index for the Dallas/Fort Worth Metropolitan Area for the immediately
preceding twelve (12) months, as announced by the United States Department of Labor
("CPI Change"); provided, however, that adjusted rental rates under this Lease shall not
exceed the then-current rates prescribed by Lessor's published Schedule of Rates and
Charges for the type or types of property at the Airport similar to the type or types of
property that comprise the Premises. In the event there is no CPI Change or the CPI Change
is downward, rental rates for the Premises shall remain constant until the following October
1 st. In no event shall rental rates for the Premises ever be decreased.
3.3. Payment nates and Tate Fees.
All monthly rent payments under this Lease are due on or before the first (1st) day
of each month. Payments must be received during normal working hours by the due date at
the location for Lessor's Revenue Office as set forth in Section 18. Rent shall be considered
past due if Lessor has not received full payment after the (10th) day of the month for which
payment is due. Lessor will assess a late penalty charge of ten percent (10%) per month on
top of the entire month's rent for each month in which rent is past due.
4. DEPOSIT.
Upon execution of this Lease, Lessee will remit to Lessor a maintenance/damage deposit
("Deposit") equivalent to one month's rent. Thereafter, Lessee shall, at a minimum, maintain its
Deposit in an amount that is equivalent to its current monthly rental amount for the Premises.
However, Lessor may increase the amount of the Deposit to a reasonable sum in excess of one
month's rent. Lessee's failure to maintain its Deposit as required shall constitute a breach of this
Lease.
Lessee's Deposit shall be in the form of a cash payment. Lessee will not be entitled to any
interest on this Deposit. Unless Lessor terminates this Lease for any breach, default or failure by
Lessee, Lessor will refund any unused portion of this Deposit within thirty (30) days following the
date that Lessee vacates the Premises. Lessee acknowledges that if Lessor terminates this Lease for
any breach,default or failure by Lessee, Lessee shall forfeit the entire balance of its Deposit.
5. 11TII,ITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for the use of all utilities and
any installation of utilities service to all portions of the Premises and for all other related utilities
expenses, including,but not limited to,deposits and expenses required for the installation of meters.
Lessee further covenants and agrees to pay all costs and expenses for any extension, installation,
maintenance or repair of any and all utilities serving the Premises, including, but not limited to,
water, sanitary sewer, electric, gas and telephone utilities. In addition, Lessee agrees that all
utilities, air conditioning and heating equipment and other electrically-operated equipment which
may be used on the Premises shall fully comply with Lessor's Mechanical, Electrical, Plumbing,
Building and Fire Codes ("Codes"), as they exist or may hereafter be amended.
6. MAINTFNANCR AND REPAIRS.
6.1. General Maintenance and Re a? irs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times. Lessee covenants and agrees that it will not make or suffer any waste
of the Premises. Lessee will, at Lessee's own expense, make all repairs necessary to prevent
the deterioration in condition or value of the Premises, including, but not limited to, the
maintenance of and repairs to all hangars and other structures, doors, windows, roofs,
fixtures, equipment, hangar modifications or surrounding pavement. Lessee shall be
responsible for all damages caused by Lessee, its agents, servants, employees, contractors,
subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all
such damages at Lessee's sole cost and expense.
Lessee agrees that, except as otherwise expressly provided herein, all improvements,
trade fixtures, furnishings, equipment and other personal property of every kind or
description which may at any time be on the Premises shall be at Lessee's sole risk or at the
sole risk of those claiming under Lessee. Unless the result of Lessor's gross negligence or
intentional misconduct, Lessor shall not be liable for any damage to such property or loss
suffered by Lessee's business or business operations which may be caused by the bursting,
overflowing or leaking of sewer or steam pipes, or from water from any source whatsoever,
or from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from
causes of any other matter.
6.2. Compliance with ADA.
Lessee, at its own expense, agrees to keep and maintain the Premises and all
improvements thereto in full compliance at all times with the Americans with Disabilities
Act of 1990, as amended("ADA").
6.3. Inspection.
Lessor shall have the right and privilege, through its officers, agents, servants or
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employees, to inspect the Premises at any time. Lessor shall have the right to perform any
and all duties or obligations which Lessor is authorized or required to do under the terms of
this Lease or to perform its governmental duties under federal, state or local rules,
regulations and laws, including the Codes. Lessee will permit the Fire Marshal of the City
of Fort Worth or authorized designees to inspect the Premises at any time, and Lessee will
comply with all recommendations made to Lessee by the Fire Marshal or authorized
designee to bring the Premises into compliance with Fire Code and Building Code
provisions, as such provisions exist or may hereafter be added or amended Lessee shall
maintain in a proper condition accessible fire extinguishers of a number and type approved
by Fire Underwriters for the particular hazard involved. Lessor shall provide Lessee with
advance notice of inspection when reasonable under the circumstances.
6A. Performance.
If Lessee is responsible under this Lease for any maintenance or repairs,Lessor shall
notify Lessee in writing. Lessee agrees to undertake such maintenance or repair work
diligently within thirty (30) calendar days of receipt of such notice. If Lessee fails to
undertake the recommended maintenance or repairs within this time, Lessor may, in its
discretion, perform such maintenance or repairs on behalf of Lessee. In this event, Lessee
will reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement
will be due on the date of Lessee's next monthly rent payment following completion of the
maintenance or repairs.
7. ACCEPTANCE OF PREMTSF.S.
7.1. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and local environmental laws and regulations (collectively "Environmental Laws").
Lessee has thoroughly inspected the Premises and is fully advised of its own rights without
reliance upon any representation made by Lessor concerning the environmental condition of
the Premises. Lessee covenants and agrees that Lessee, at its sole cost and expense, shall
be fully responsible for the violation of any Environmental Laws caused, in whole or in
part, by Lessee, its officers, agents, servants, employees, contractors, subcontractors or
invitees.
7.2. Lessee's A fiance of Premises.
Lessee accepts the Premises in its present condition as satisfactory for all purposes
set forth in this Lease.
$, CONSTRUCTION N AND YMPROVEIVIENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first equests-and- -
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receives in writing approval from the Director of Airport Systems or authorized representative.
All such approved construction work on and improvements to the Premises shall comply fully
with the Americans with Disabilities Act of 1990, as amended.
9. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Director of Airport Systems or
authorized representative.
10. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related commercial
activities. It is specifically agreed and stipulated that the following concessions are prohibited
under this Lease, unless specifically approved in writing by the Airport Systems Director or
authorized representative: (i) ground transportation for hire; (ii) vehicle rental, including taxi and
limousine service; (iii) food sales, with the exception of vending machines placed on the Premises
for the convenience of Lessee, its employees and patrons; (iv) barber and valet services; and (v)
alcoholic beverage sales.
11. SISALS.
Lessee may, at its own expense and with the prior written approval of the Director of
Airport Systems or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however, must be in keeping with the size, color,
location and manner of display of other signs throughout the Terminal. In addition, Lessee may,
at its own expense, make, install and maintain a sign outside the Terminal on Lessor's property
subject to prior written approval by the Director of Airport Systems or authorized representative
as to the sign's placement, appearance, construction, and conformity with applicable City Code
restrictions.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulting
from the installation, maintenance or removal of any such sign. Lessee also agrees to remove any
sign at its own expense immediately upon receipt of instructions for such removal from the
Director of Airport Systems or authorized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. Lessee's rights hereunder shall be subject to all existing and future utility easements
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and rights-of-way granted by Lessor for the installation, maintenance, inspection,
repair or removal of facilities owned or operated by electric, gas, water, sewer,
communication or other utility companies. Lessee's rights additionally shall be
subject to all rights granted by all ordinances or statutes which allow such utility
companies to use publicly-owned property for the provision of utility services.
12.2. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon shall immediately become
the property of Lessor.
12.3. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
12.4. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public, or
for any other cause deemed necessary by Lessor. In this event, Lessor shall in no
way be liable for any damages asserted by Lessee, including, but not limited to,
damages from an alleged disruption of Lessee's business operations.
12.5. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development,maintenance or repair of Airport infrastructure.
12.6. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government.
12.7. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant
to the Sponsor's Assurances given by Lessor to the United States Government
through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
13. INSURANCE
13.1. Tunes of Coverage and Limits.
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Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified in this Section 13, naming the City of Fort Worth as an
additional insured and covering all risks related to the leasing, use, occupancy, maintenance,
existence or location of the Premises. Lessee shall obtain the following insurance coverage
on an occurrence basis and at the limits specified herein:
• Prone
Fire and Extended Coverage on all improvements at full replacement cost limit;
• Commercial General Liahility:
$1,000,000 per occurrence,
including products and completed operations;
• Automobile Ljahil :
$1,000,000 per accident,
including, but not limited to, coverage on any automobile used in Lessee's
operations on the Premises;
• Hangarkee e? rs Legal Liability:
$1,000,000 per occurrence.
In addition, Lessee shall be responsible for all insurance to construction,
improvements, modifications or renovations to the Premises and for personal property of
Lessee or in Lessee's care, custody or control.
13.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty(30) days prior
to the expiration of any insurance policy required hereunder, it shall provide Lessor with a
new or renewal certificate of insurance. In addition, Lessee shall, on demand, provide
Lessor with evidence that it has maintained such coverage in full force and effect.
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13.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance
shall be endorsed to cover all of Lessee's operations at the Airport and to provide that no
material changes in coverage, including, but not limited to, cancellation, termination, non-
renewal or amendment, shall be made without thirty (30) days' prior written notice to
Lessor.
14. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee of
Lessor. Lessee shall have the exclusive right to control the details of its operations and activities on
the Premises and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, patrons, licensees and invitees. Lessee
acknowledges that the doctrine of respondeat superior shall not apply as between Lessor and
Lessee, its officers, agents, employees, contractors and subcontractors. Lessee further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
15. INDEMMUCATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSION'S OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
16. WAIVER OF CHARITABLE IMMiTMI1 OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
such immunity or exemption as against Lessor.
17. TERMINATION.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have the
right to terminate this Lease as follows:
17.1. Failure by lessee to Pay Rent, Fees or Other Charges.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Lessee fails to pay the balance outstanding within such time, Lessor
shall have the right to terminate this Lease immediately.
17.2. Breach or Default by Lessee.
If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver written notice to Lessee specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following such writte rrotice-to--cure-,
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adjust or correct the problem to the standard existing prior to the breach. If Lessee fails to
cure the breach, default or failure within such time period, Lessor shall have the right to
terminate this Lease immediately.
17.3. Lessee's Financial Ohligations to City upon Termination, Breach or n fault.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges
or for any breach or default as provided in Sections 17.1 or 17.2 of this Lease, Lessee
shall be liable for and shall pay to Lessor all arrearages of rentals, fees and charges
payable hereunder and for all preceding breaches, defaults or failures. In no event shall a
reentry onto or reletting of the Premises by Lessor be construed as an election by Lessor
to forfeit any of its rights under this Lease.
17.4. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease or any part thereof, 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
expiration, Lessee shall remove from the Premises all trade fixtures, tools, machinery,
equipment, materials and supplies placed on the Premises by Lessee pursuant to this
Lease. After such time, Lessor shall have the right to take full possession of the
Premises, by force if necessary, and to remove any and all parties and property remaining
on any part of the Premises. Lessor shall also have the right to take full title to any such
fixtures or equipment.
Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
servants, employees or representatives, which may stem from Lessor's termination of this
Lease or any act incident to Lessor's assertion of its right to terminate or Lessor's exercise
of any rights granted hereunder, except for wrongful termination. Any right, interest or
remedy which shall have accrued during any term of this Lease shall not be extinguished
or waived by the termination or expiration of this Lease or any part thereof, but may be
enforced by the party for whose benefit such right, interest or remedy shall have accrued
in accordance with the terms and provisions of this Lease as if this Lease had not
terminated or expired.
18. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, or(2) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
For Rent: For All Other Matters:
CITY OF FORT WORTH DEPT OF AVIATION
REVENUE OFFICE MEACHAM INTL AIRPORT
PO BOX 976 4201 N MAIN ST STE 200
FORT WORTH TX 76101-0976 FORT WORTH TX 76106-2736
To LESSEE:
FIBMG
ATTN: JAMES A. EBERHARDT
HANGARS 22S AND 23S
4201 N MAIN ST
FORT WORTH TX 76106-2752
19. ASSIGNMENT ANIS SUBLETTING.
19.1. In General.
Lessee shall not assign, sell, convey, sublease or transfer any of its rights,
privileges, duties or interests granted by this Lease without the advance written consent of
Lessor.
19.2. Conditions of Approved Assignments and Subleases.
If Lessor consents to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such
assignee or sublessee shall be bound by the terms and conditions of this Lease the same as
if it had originally executed this Lease. The failure or refusal of Lessor to approve a
requested assignment or sublease shall not relieve Lessee of its obligations hereunder,
including payment of rentals, fees and other charges.
20. LIENS RY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the property 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 such creation or filing. Lessee's failure
to discharge any such purported lien shall constitute a breach of this Lease and Lessor may
terminate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate and
discharge such lien shall continue in effect following termination of this Lease and until such a time
as the lien is discharged.
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21. TAXES AND ASSESSMF,NTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
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 Lessee as a result of its occupancy.
22. COMPLIANCE WITH LAWS, ORDINANCES,RMYS AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not 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 person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Airport Systems Director; and all rules and
regulations adopted by the City Council pertaining to the conduct required at airports owned and
operated by the City, as such laws, ordinances, rules and regulations exist or may hereafter be
amended or adopted. If Lessor notifies Lessee or any of its officers, agents, employees, contractors,
subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations,
Lessee shall immediately desist from and correct the violation.
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the basis of
race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee
further agrees for itself, its personal representatives, successors in interest and assigns that no
person shall be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin, religion,
handicap, sex, sexual orientation or familial status.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all times
comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal
Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of
Transportation and with any amendments to this regulation which may hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
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24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its business at the Airport.
25. GOVF,RN1VfFNTA1,POWFRS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does not
waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance 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 upon
appropriate performance or to assert any such right on any future occasion.
27. VFNITF AND JURISDICTION.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the State
of Texas.
28. ATTCIRNF,YS' FFFS.
In any action brought by Lessor for the enforcement of the obligations of Lessee, Lessor
shall be entitled to recover interest and reasonable attorneys' fees.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
30. FORCE MAJFiTRF,.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
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 their reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
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authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
32. FNTIRFTY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns and
successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provisions of
this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing
by both parties and approved by the City Council of Lessor.
[Signature Pages Follow]
/y
14
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
day of JUQQ 2005.
CITY OF FORT WORTH: FIRST INTERNATIONAL BENEFITS
TING GROUP, INC.
By: B A e,
Marc A. Ott James A. Eberhardt
Assistant City Manager President&CEO
ATTEST: ATTEST:
By: By:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By
Assistant C4 Attorney
M&C: C-90634 4/5/05
15
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared James A. Eberhardt, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of First
International Benefits Marketing Group, Inc., and that he executed the same as the act of First
International Benefits Marketing Group, Inc., for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2005.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appearedfAb--ArD-(4'"°da' known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort
Worth and that he executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this y day of ,
2005.
I
Notary Public in and for the State of Texas
7 IE LANE
ION"PIRES
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Meacham Hangar Lease (Multiple Year Term)
PLAT OF
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DISTANCES ARE GROUND MEASUREMENTS.
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NOTE BEARINGS AND COORDINATES ARE ON THE TEXAS
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A.L.M. 0-1021
SURVEYED 1-7.77
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2005
DATE: Tuesday, April 05, 2005
LOG NAME: 55FIBMG REFERENCE NO.: **C-20634
SUBJECT:
Authorize Execution of a Hangar Lease Agreement with First International Benefits Marketing
Group, Inc. (FIBMG) for Hangars 22S and 23S at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Hangar Lease Agreement
with First International Benefits Marketing Group, Inc. (FIBMG) for Hangars 22S and 23S at Fort Worth
Meacham International Airport.
DISCUSSION:
On April 1, 1977, City Secretary Contract (CSC) Nos. 19080 and 19088 were executed with lease terms
ending March 31, 2002. The terms of each agreement were for twenty-five year periods with rights of first
refusal to execute new lease agreements for two consecutive five-year periods. The initial term has expired
and the tenant has been in a month-to-month status. FIBMG, through its President and CEO, Mr. James
Eberhardt, requests to execute a new agreement to lease both sites.
The revenue generated from this lease will be $1,890 annually, or $157.50 per month. Based on an
assumed start date of April 1, 2005, the total revenue generated for the remainder of the fiscal year will be
$945.
The lease will provide for a ten-year term with no options to renew. The initial term of the lease will
commence upon the date of execution. Rental rates shall be as described in the Schedule of Rates and
Charges in effect at that time. Rental rates shall be subject to an increase on October 1 st of any given year
to reflect the upward percentage change, if any, in the Consumer Price Index. All agreement terms will be
in accordance with City and Aviation Department policies.
The property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the
collection and deposit of funds due to the City under this Agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491352 0551101 $1,890.00
Submitted for City Manager's Office by- Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55FIBMG Page 1 of 2