HomeMy WebLinkAboutContract 25828 CITY SECRETARY
CONTRACT NO.
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
T-'riAi�GAR LEASE AGREEMENT
(MONTH-TO-MONTH)
This T-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
Global AV-Support, Inc. ("Lessee")"), acting by and through Ernesto Rois-Mendez, its duly
authorized President.
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 the following real property (hereinafter referred to as
"Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant
County,Texas:
1.1. T-Hangar 19S-9, as shown in Exhibit "A", attached hereto and hereby made a part
of this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the date of its
execution ("Effective Date"). This Lease will automatically renew on the first (1st) day of each
month unless terminated by either party. In order to terminate this Agreement, a party must provide
the other party with written notice of its intent to terminate not less than thirty (30) days prior to the
effective date of termination.
3. RENT.
3.1. Amount.
Lessee hereby promises and agrees to pay Lessor as monthly rent for the Premises
q the sum of Two Hundred Fifty Three Dollars ($253.00). The rental rates under this Lease
are based on Lessor's Schedule of Rates and Charges in effect as of the Effective Date of
this Lease. A ten percent (10%) premium has been added to and is included the rental rate
hereunder due to the month-to-month nature of this Lease and in accordance with the
Schedule of Rates and Charges. On or prior to the Effective Date of this Lease, Lessee shall
pay one month's rent in advance. In the event that this Lease commences on a day other
CiXE NAL VIECCG0D
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 Payment Dates and Late Fees.
Monthly rental payments 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 set forth in Section 15. 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. MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at
all times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent
disposal away from the Airport of all of Lessee's trash, garbage and refuse. Lessee covenants and
agrees that it will not make or suffer any waste of the Premises. Lessee will not pile or store boxes,
cartons, barrels or other similar items in a manner that is unsafe or unsightly. Lessee shall be
responsible for all damages caused by the negligence or misconduct of 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.
5. CONSTRUCTION AND IMPROVEMENTS.
Lessee shall 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 requests and 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 fully comply with the
Americans with Disabilities Act of 1990, as amended.
6. INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Inspections.
Lessor, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order 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, but not limited to,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing and Fire
Codes or other health, safety and general welfare regulations). Lessee shall provide
Lessor's Director of Airport Systems or authorized representative with a key or combination
to any locking systems that Lessee places on any doors on the Premises. Lessor shall
provide Lessee with advance notice of inspection when reasonable under the circumstances.
Lessee will permit the Fire Marshall of the City of Fort Worth or his agents to make
inspection of the Premises at any time, and Lessee will comply with all recommendations
made to Lessee by the Fire Marshal or his agents to bring the Premises into compliance
with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety,
as such provisions exist or may hereafter be 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.
6.2. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable
federal, state or local environmental regulations or standards. Lessee agrees that it has
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, at its sole cost and expense, agrees that it shall be fully responsible for the
remediation of any violation of any applicable federal, state or local government
environmental regulations or standards that is caused by Lessee, its officers, agents,
servants, employees, contractors, subcontractors or invitees.
6.3. Acceptance
In addition to Section 6.2, Lessee represents to Lessor that Lessee has inspected the
Premises and is fully advised of its own rights without reliance upon any representation
made by Lessor concerning the condition of the Premises. Lessee accepts the Premises in
their present condition as satisfactory for all purposes set forth in this Lease.
7. PARKING.
All motor vehicles at the Airport must be parked in areas designated as motor vehicle
parking areas.
8. USE OF PREMISES.
Lessee shall use the Premises exclusively for the storage of aircraft. Lessee's use of the
Premises for any other purpose shall constitute a material breach of this Lease.
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9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
9.1. All fixtures and items permanently attached to any structure on the Premises belong
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to Lessor, and any additions or alterations made thereon shall immediately become the
property of Lessor.
9.2. 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.
9.3. 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.
9.4. 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.
9.5 Lessee's rights hereunder shall be subject to all existing and future utility easements
and rights-of-way granted by Lessor for the installation, maintenance, inspection, repair or
removal of facilities owned by operated by electric, gas, water, sewer, communication or
other utility companies. Lessee's rights shall additionally 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.
9.6. 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.
10. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and covering
y all public risks related to the leasing, use, occupancy, maintenance, existence or location of the
Premises. Lessee shall obtain an Aircraft Liability insurance policy with coverage at the following
limits:
• Bodily Injury and Property Damage:
$100,000 per person; i
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$300,000 per occurrence.
Insurance coverage limits may be revised upward at Lessor's option, and Lessee will accordingly
increase such amounts within thirty (30) days following notice to Lessee of such requirement. The
policy or policies of insurance shall be endorsed 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.
Lessee shall maintain its insurance with underwriters authorized to do business in the State
of Texas and which are satisfactory to Lessor. As a condition precedent to the effectiveness of this
Lease, Lessee shall furnish Lessor with a certificate of insurance signed by the underwriter as proof
that it has obtained the types and amounts of insurance coverage required herein. In addition at any
time Lessee shall, on demand, provide Lessor with evidence that it has maintained such coverage in
full force and effect.
11. 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.
12. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEA TH, 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
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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 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.
13. WAIVER OF CHARITABLE IMMUNITY 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.
14. TERMINATION.
Upon the termination of this Lease, all rights, powers and privileges granted to Lessee
hereunder shall crease and Lessee shall immediately vacate the Premises. Lessee agrees that it will
return the Premises and all appurtenances and improvements thereon in good order and repair and
,,in the same condition as existed at the time this Lease was entered into, subject to ordinary wear
and tear. Lessor shall have the immediate right to take full possession of the Premises, by force if
necessary, and to remove any and all parties remaining on any part of the Premises without further
legal process and without being liable for trespass or any other claim. Lessor shall also have the
right to remove any and all fixtures or equipment that may be found within or upon the Premises
without being liable therefor. Lessee agrees that it will assert no claim of any kind against Lessor,
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its agents, servants, employees or representatives which may stem from Lessor's termination of the
Lease or any act incident to Lessor's assertion of its right to terminate.
15. 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 Aviation Department
1000 Throckmorton Street Meacham International Airport
Fort Worth, Texas 76102-6312 4201 North Main Street, Suite-200
Fort Worth, Texas 76106-2749
To LESSEE:
Global Av-Support, Inc.
Mr. Ernesto Rois-Mendez
2514 Gravel Road
Fort Worth, TX 76118
16. ASSIGNMENT.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor. Any attempted
assignment without prior written consent by Lessor shall be null and void. If Lessor consents to
any assignment, all terms, covenants and agreements set forth in this Lease shall apply to the
assignee, and said assignee shall be bound by the terms and conditions of this Lease the same as if
it had originally been a party to it.
17. LIENS BY LESSEE.
v 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
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discharge such lien shall continue in effect following termination of this Lease and until such a time
as the lien is discharged.
18. TAXES AND ASSESSMENTS.
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.
19. COMPLIANCE WITH LAWS, ORDINANCES,RULES 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 City of Fort Worth and the City of Fort Worth Police, Fire and Health Departments;
all rules and regulations established by the Director of Airport Systems and authorized designee;
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.
20. 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.
21. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, City of Fort Worth does not
waive or surrender any of its governmental powers.
22. 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.
23. VENUE 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.
24. ATTORNEYS' FEES.
In any action brought by Lessor or Lessee for the enforcement of the obligations of the
other party to this Lease, the prevailing party shall be entitled to recover interest and reasonable
attorneys' fees.
25. 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.
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26. FORCE MAJEURE.
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,
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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
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
27. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest. Any prior or contemporaneous oral or written agreement is hereby
declared null and void. This Lease shall not be amended unless agreed to in writing by both Lessor
and Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this
/ th day of
CITY OF FORT WORTH: Ernesto Rois- ez:
By:
Ramon Guajardo
Assistant City Manager
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ATTEST:
By: � By:
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APPROVED AS TO FORM AND LEGALITY:
By:
AssistantCCity Att ey
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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 Ernesto Rois-Mendez, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was his act and that
he executed the same as his act for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?day of
yWp,�
HETTIE LANE
r °: Notary Public,State of Texas
my co200 Expirm 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 appeared Ramon Guajardo, 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&of ,
otary Public in an for the State of Texas
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C9j Y saRAa jAlyg p .
e NOTARY PUBLIC
stats of Texas
9 ... . Comm. EXP,01-28.2002
FORT WORTH MEACHAM INTL AIRPORT
ALLIANCE
T-HANGAR 19S
REVISED 04/25/2000 tAVIATION
MEACNAMH
INrLRTMENT OF
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EXHIBIT A
NOT TO SCALE
6 7 g 9 10 C
A 1 2 3 4 5 B
UNIT NAME PHONE MONTHLY
9 GLOBAL AV-SUPPORT, INC. 595-1414 253.00
ERNESTO ROIS-MENDEZ 595-2222 FAX
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