HomeMy WebLinkAboutContract 55214 'TY SECRETARY
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ORT WORTH MEACHAM INTERNATIONAL AIRPORT
AIRPORT GROUND LEASE AGREEMENT
C VINTAGE FLYING MUSEUM,INC.
This GROUND LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized
under the laws of the State of Texas, acting by and through Fernando Costa, its duly autho ized
Assistant City Manager, and VINTAGE FLYING MUSEUM, INC ("Lessee"), a domestic on-
profit corporation acting by and through Charlyn R. Hospers, its duly authorized President.
RECITALS:
WHEREAS,on or about October 21,2008, Vintage Flying Museum, Inc. entered into City
Secretary Contract("CSC")No. 38004, an Airport Access Agreement, ("Previous Agreement')at
Fort Worth Meacham International Airport("Airport");
WHEREAS, CSC No. 38004-R1 had a term through February 28, 2019 and is currently on a
month-to-month holdover:
WHEREAS, Grantee has made improvements to maintain the ramp over the course of the
Previous Agreement; and
WHEREAS, Grantee has requested, and Grantor has agreed,to execute a new ground lease with
access to the Airport for a five-year term for the use of the Premises for aircraft staging and parking.
NOW,THEREFORE, in consideration of the mutual covenants,promises and obligations
contained herein,the parties agree as follows:
AGREEMENT
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 54,538 square feet of ground space ("Ground Space"),
known as Lease Site South Ramp ("Premises"), at Fort Worth Meacham International
Airport ("Airport"), as shown in Exhibit "A", attached hereto and made a part of this
Lease for all purposes.
a OFFICIAL REI DR®
Vintage Flying Museum CI'y SECR ARY
Ground Lease Agreement ,TX
Fort Worth Meacham Airport FT WORT
Page 1 of 24
2. TERM OF LEASE.
2.1. Initial Term.
The Initial Term of this Agreement shall commence on the last date of its execution
by all parties ("Effective Date") and expire at 11:59 p.m. December 31, 2025,
unless terminated earlier as provided herein.
2.2. Holdover.
If Lessee holds over after the expiration of the Initial Term or any Renewal T rm,
this action will create a month-to-month tenancy. In this event, for and during the
holdover period, Lessee agrees to pay all applicable rentals, fees and charges a the
rates provided by Lessor's Schedule of Rates and Charges or similarly publi lied
schedule in effect at the time of the Holdover. The holdover period will not exceed
six (6) months from the time the current lease agreement expires. Upon the
expiration of the holdover period, the City may exercise all legal rights and rem dies
available, including but not limited to eviction.
3. RENT.
3.1. Rates and Adjustments
The rental rates under this Lease are based on Lessor's current published Sche ule
of Rates and Charges. Rental rates are subject to increase beginning October 1,
2021, and on October I" of any subsequent year during the Initial Term, to re ect
any upward change in the Consumer Price Index for the Dallas/Fort Worth
Metropolitan Area, as announced by the United States Department of Labor or
successor agency (i) for the first increase, since the Effective Date of this,Lease and
(ii) for each subsequent increase, since the effective date of the last incr ase;
provided, however, that Lessee's rental rates shall not exceed the then-current iates
prescribed by Lessor's published Schedule of Rates and Charges for the type or
types of property similar to the type or types of property that comprise the Premises.
3.1.1 Ground Rate
Lessee shall commence the payment of rent for the Ground Space on the
Effective Date. Lessee hereby promises and agrees to pay Lessor Forty-
Seven cents($0.47)per square foot, as annual rent for the Ground Space for
a total of Twenty-Five Thousand, Six Hundred Thirty-Two Dollars and
86/I00 ($25,632.86) per year. This amount is payable in equal monthly
installments of Two Thousand One Hundred Thirty-Six Dollars and 07 100
($2,136.07).
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Ground Lease Agreement
Fort Worth Meacham Airport
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3.1.2 Special Conditions Concerning Ground Rate
Lessee covenants and agrees that it will maintain its certification as a on-
profit organization pursuant to 26 U.S.C. §501(c)(3). As long, as Lessee
maintains its §501(c)(3) status, the Lessor in consideration of the Lessee's
non-profit status, shall assess the ground rate at a Discount ("Discount') of
the per square foot rate, which shall be Ten cents ($0.10) per square fo t, as
annual rent for the Ground Space, for a total of Five Thousand, Four
Hundred Fifty-Three Dollars and 80/100 ($5,453.80) per ;year. rhis
amount is payable in equal monthly installments of Four Hundred Fifty-
Four Dollars and 48/100 ($454.48).
If such certification is not maintained during the term of this agreement the
Discount shall cease and Lessee will be liable for the full ground rate
beginning on the date the §501(c)(3) revocation is effective, at the ground
rate of the then-current rates prescribed by the Lessor's published Sche ule
of Rates and Charges. Alternatively, should the non-profit certification be
revoked,Lessor, at its discretion, may terminate this agreement irnmedia ely.
3.2. Five-Year Adjustments
If such certification as referenced in Section 3.1.2 is not maintained during the term
of this agreement, in addition to the Annual Rent Adjustments, on October 1,202 6,
and every fifth (51h)year thereafter for the remainder of the Initial Term (i.e. on
October 1 st of 2031, 2036, and 2041), rent shall automatically be adjusted to eqt al
the then-current rates prescribed by the 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.
3.3 Payment Dates and Late Fees.
Monthly rent payments are due on or before the first (1st) day of each month.
Payments must be received during normal business hours by the due date, Olt the
location for Lessor's Aviation Department, set forth in Section 15. Rent shall be
considered past due if Lessor has not received full payment by close of business the
tenth (10th) day of the month for which payment is due. Without limiting Lessor's
termination rights as provided by this Lease, Lessor will assess a late penalty charge
of ten percent(10%)per month on the entire balance of any overdue rent that Lessee
may accrue.
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Ground Lease Agreement
Fort Worth Meacham Airport
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4. CONSTRUCTION AND IMPROVEMENTS.
4.1 Discretionary Improvements
Lessee may, at its sole discretion, perform modifications, renova.t ons,
improvements or other construction work on any tract of the Premises. Lessee may
not initiate any Discretionary Improvement on or to the Premises unless it first
submits all plans, specifications and estimates for the costs of same to Lessor in
writing, and also requests and receives in writing approval from Lessor's Director of
Aviation or authorized representative ("Director"). Lessee covenants and agTees
that it shall fully comply with all provisions of this Section 4 in the constructs n of
any such Discretionary Improvements. Lessor shall promptly review, consider and
decide on approval of such plans, specifications and estimates. Upon completii n of
any such Discretionary Improvements or the termination of this Lease, Lessor hall
take full title to any Discretionary Improvements on the Premises.
4.2 Process for Approval of Plans.
Lessee's plans for construction of the Discretionary Improvements shall confonn to
Meacham Airport's architectural standards and must also be approved in writing by
Lessor's Planning and Development Department. All plans, specifications and work
shall conform to all federal, state and local laws, ordinances, rules and regulatiolis in
force at the time that the plans are presented for review. Lessor covenants and
agrees that Lessor shall handle any and all such plans for construction and
improvement in a manner consistent with the provisions of Section 4.2 above.
4.3 Documents.
Lessee shall supply the Director with comprehensive sets of documentation relative
to any Discretionary Improvement, including, at a minimum, a copy of the
Certificate of Occupancy, a complete set of Record Drawings and/or As-Built
Drawings in Adobe PDF and AutoCAD formats, and a Summary of the total
cost/value of the Discretionary Improvements.
4.4 Bonds Required of Lessee.
Prior to the commencement of any Improvement, Lessee shall deliver to Less r a
bond, executed by a corporate surety in accordance with Texas Govermi C de,
Chapter 2253, as amended, in the full amount of each construction contract or
project. The bonds shall guarantee (i) satisfactory compliance by Lessee with all
applicable requirements, terms and conditions of this Lease, including, but not
limited to, the satisfactory completion of the respective Improvements, and (ii) full
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
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payments to all persons, firms, corporations or other entities with whom Lessee has
a direct relationship for the construction of such Improvements.
In lieu of the required bond, Lessee may provide Lessor with a cash deposit r an
assignment of a certificate of deposit in an amount equal to 125%of the full am unt
of each construction contract or project. If Lessee makes a cash deposit, L ssee
shall not be entitled to any interest earned thereon. Certificates of deposit sha 1 be
from a financial institution in the Dallas-Fort Worth Metropolitan Area which is
insured by the Federal Deposit Insurance Corporation and acceptable to Lessor. The
interest earned on the certificate of deposit shall be the property of Lessee and
Lessor shall have no rights in such interest. If Lessee fails to complete the
respective Improvements, or if claims are filed by third parties on grounds relating
to such Improvements, Lessor shall be entitled to draw down the full amount of
Lessee's cash deposit or certificate of deposit and apply the proceeds to complete
the Improvements or satisfy the claims, provided that any balance shall be remitted
to Lessee.
4.5 Bonds Required of Lessee's Contractors.
Prior to the commencement of any Discretionary Improvement, each of Lessee's
contractors shall execute and deliver to Lessee surety performance and paynient
bonds in accordance with the Texas Government Code, Chapter 2253, as amended,
to cover the costs of all work performed under such contractor's contract ith
Lessee. Lessee shall provide Lessor with copies of such bonds prior to the
commencement of such Discretionary Improvement. The bonds shall guarante (i)
the faithful performance and completion of all construction work in accordance with
the final plans and specifications as approved by Lessor, and (ii) full payment fbr all
wages for labor and services and of all bills for materials, supplies and equipAient
used in the performance of the construction contract. Such bonds shall name oth
Lessor and Lessee as dual obligees. If Lessee serves as its own contractor, Section
4.5 shall apply.
4.6 Releases by Lessor Upon Completion of Construction Work.
Lessor will allow Lessee a dollar-for-dollar reimbursement from its cash deposit
account or reduction of its claim upon Lessor's certificate of deposit to the extent of
construction costs paid through that date upon (i) where Lessee serves as its own
contractor, verification that Lessee has completed construction work, or (ii) where
Lessee uses a contractor, receipt of the contractor's invoice and verification that the
contractor has completed its work and released Lessee to the extent of Lessee's
payment for such work, including bills paid affidavits and final waivers of liens.
Any unused amounts in the cash deposit account will be refunded to Lessee upon
final completion of the construction work.
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Ground Lease Agreement
Fort Worth Meacham Airport
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5. ACCESS TO PREMISES.
5.1 Points of Access.
Lessor grants Lessee access to and from the Airport through Airport Gate 37
("GATE") identified on Exhibit"A"attached hereto.
5.2 Method of Access
Lessor shall place a lock on the Gate and provide a key to the Lessee. The Lessee is
prohibited from duplicating or attempting to duplicate this key.
5.3 Gate Responsibility
Lessee shall be responsible for the upkeep and maintenance of the Gate.
6. USE OF PREMISES.
6.1 Lessee agrees to use the Gate exclusively for ingress and egress to and from the
Airport for aircraft traffic registered to or in association with the Lessee, via the
public taxiways identified on Exhibit "A". Further, Lessee is to use the Gate
exclusively for its non-profit aeronautical museum operations and for the use o the
Premises for aircraft staging and parking. Commercial aeronautical operations are
strictly prohibited.
6.2 Unauthorized pedestrian and vehicular traffic is prohibited; authorized pedesirian
and vehicle traffic shall only include pilots, passengers, aircraft towing vehicle and
aircraft handling personnel. All pedestrians and vehicles will remain off of the
Airport Movement Area at all times unless escorted by Airport staff.
6.3 Transient operators are prohibited from operating on the Premises.
6.4 Lessee is prohibited from any self-fueling activities, to include fueling and fuel
storage on the Premises.
6.5 Lessor shall have the discretion to waive requirements as set forth in this Section 6,
as necessary to accommodate Lessee's participation in non-profit, educational fund-
raising, historic aeronautical events. Lessee shall submit such requests in writing to
Lessor and Lessor shall provide a response within a reasonable amount of time.
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Ground Lease Agreement
Fort Worth Meacham Airport
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7. REPORTS,AUDITS AND RECORDKEEPING.
Within thirty(30) days following the end of each calendar year, Lessee shall provide Lessor
with a written annual report, in a form acceptable to the Director, which reflects Lessee's
rental rates for the immediately preceding calendar year. Lessor may request, and Lessee
shall promptly provide, similar reports on a more frequent basis that reflect Lessee's rental
rates on the Premises for the period requested by Lessor. These reports shall be delivered to
Lessor's Department of Aviation at the address provided in Section 15. In addition, Lessee
shall keep and maintain books and records pertaining to Lessee's operations at the Air ort
and other obligations hereunder in a manner satisfactory to Lessor's Internal Auditor and at
a location within the City of Fort Worth. Upon Lessor's request and following reasonable
advance notice, Lessee will make such books and records available for review by Lessor
during Lessee's normal business hours. Lessor, at Lessor's sole cost and expense, shall have
the right to audit such books and records in order to ensure compliance with the terms of
this Lease and the Sponsor's Assurances made by Lessor to the Federal Aviation
Administration.
8. UTILITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for the installation and u of
all utility services to all portions of the Premises and for all other related utility expe ses,
including, but not limited to, deposits and expenses required for the installation of me ers.
Lessee further covenants and agrees to pay all costs and expenses for any extension,
maintenance or repair of any and all utilities serving the Premises. 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 Les or's
Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"), as they exist or Ilay
hereafter be amended.
9. MAINTENANCE AND REPAIRS.
9.1. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times, reasonable wear and tear expected. Lessee covenants and
agrees that it will not make or suffer any waste of the Premises. Lessee, at Less e's
sole cost and expense,will make all repairs or replacements necessary to prevenI the
deterioration in condition or value of the Premises, including, but not limited to the
maintenance of and repairs to surrounding pavement on the Premises. 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
all such damages at Lessee's sole cost and expense.
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Ground Lease Agreement
Fort Worth Meacham Airport
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Lessee agrees that all improvements, trade fixtures, furnishings, aircraft, equipnient
and other personal property of every kind or description which may at any tim be
on the Premises shall be at Lessee's sole risk or at the sole risk of those claiming
under Lessee. Lessor shall not be liable for any damage to such property or loss
suffered by Lessee's business or business operations.
9.1 Lessee agrees to keep the Premises and Gate in a good, clean and sanitary condition
at all times.
9.2 Lessee agrees to keep the ingress/egress area free of obstructions. Lessor agre s to
continue to provide unimpeded access to the airfield via the public taxiway,,, as
identified on Exhibit"A".
9.2. Compliance with ADA.
Lessee, at its sole cost and expense, agrees to keep and maintain the Premises in full
compliance at all times with the Americans with Disabilities Act of 1990 as
amended ("ADA"). In addition, Lessee agrees that all improvements it makes at
the Airport shall comply with all ADA requirements.
9.3. Inspections.
9.3.1. Lessor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Premises. Except in the event o an
emergency, Lessor shall conduct such inspections during Lessee's ordinary
business hours and shall use its best efforts to provide Lessee at least two (2)
hours' notice prior to any inspection.
9.3.2. If Lessor determines during an inspection of the Premises that Less is
responsible under this Lease for any maintenance or repairs, Lessor hall
notify Lessee in writing. Lessee agrees to begin such maintenance or repair
work diligently within thirty (30) calendar days following receipt of uch
notice and to then complete such maintenance or repair work within a
reasonable time, considering the nature of the work to be done. If Lessee
fails to begin the recommended maintenance or repairs within such tim or
fails to complete the maintenance or repairs within a reasonable time, Lessor
may, in its discretion, perform such maintenance or repairs on behaIr 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 dat of
Lessee's next monthly rent payment following completion of the
maintenance or repairs.
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Ground Lease Agreement
Fort Worth Meacham Airport
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9.3.3. During any inspection, Lessor may perform any obligations that Lessor is
authorized or required to perform under the terms of this Lease or pursuant
to its governmental duties under federal, state or local laws, rules or
regulations.
9.3.4. Lessee will permit the City's Fire Marshal or his or her authorized agen s to
inspect the Premises and Lessee will comply with all requirements of the
Fire Marshal or his or her authorized agents that are necessary to bring the
Premises into compliance with the City of Fort Worth Fire Code and
Building Code provisions regarding fire safety, as such provisions exit or
may hereafter be amended. Lessee shall maintain in proper cond tion
accessible fire extinguishers of a number and type approved by the Fire
Marshal or his or her authorized agents for the particular hazard involve .
9.4. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable fed ral,
state and local environmental regulations or standards. Lessee agrees that it has
inspected the Premises and is fully advised of its own rights without reliance pon
any representation made by Lessor concerning the environmental condition of the
Premises. LESSEE,AT ITS SOLE COST AND EXPENSE,AGREES THA IT
SHALL BE FULLY RESPONSIBLE FOR THE REMEDIATION OF NY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LO AL
ENVIRONMENTAL REGULATION OR STANDARD THAT IS CAUSED BY
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS,SUBCONTRACTORS OR INVITEES.
10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. 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 o the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
10.2 Lessor reserves the right to develop and improve the Airport as it sees fit,regam less
of the desires or view of Lessee, and without interference or hindrance by of on
behalf of Lessee. Accordingly, nothing contained in this Lease shall be construed to
obligate Lessor to relocate Lessee as a result of any such Airport development or
improvements, to include events or construction leading to a closure of taxivrays
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Ground Lease Agreement
Fort Worth Meacham Airport
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and/or runways making it necessary for Lessee to provide clearance for movement
of other aircraft.
10.3 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 operatic r1 or
maintenance of the Airport and is required as a condition for the expenclitule of
federal funds for the development, maintenance or repair of Airport infrastruc ure.
In the event that any such existing or future agreement directly causes a mat rial
restriction, impairment or interference with Lessee's primary operations on the
Premises ("Limitation") for a period of less than seven (7) calendar days, this
Lease shall continue in full force and effect. If the Limitation lasts more than seven
(7) calendar days, Lessee and Lessor shall negotiate in good faith to resole or
mitigate the effect of the Limitation. If Lessee and Lessor are in good faith unable
to resolve or mitigate the effect of the Limitation, and the Limitation lasts between
seven (7) and one hundred eighty (180) days, then for such period (i) Lessee ay
suspend the payment of any rent due hereunder, but only if Lessee first provides
adequate proof to Lessor that the Limitation has directly caused Lessee a material
loss in revenue; (ii) subject to ordinary wear and tear, Lessor shall maintain and
preserve the Premises and its improvements in the same condition as they existed on
the date such Limitation commenced; and (iii) the term of this Lease shall be
extended, at Lessee's option, for a period equal to the duration of such Limitatioli. If
the Limitation lasts more than one hundred eighty (180) days, then (1) Lessor and
Lessee may, but shall not be required to, (a) further adjust the payment of rent and
other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the
term of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days,
written notice to Lessor.
10.4 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. If any lease between Lessor
and the United States Government executed pursuant to this Section 10.4 directly
causes a Limitation for a period of less than seven (7) calendar days, this ]Lease chall
continue in full force and effect. If the Limitation lasts more than seven (7)cale idar
days, Lessee and Lessor shall negotiate in good faith to resolve or mitigate the effect
of the Limitation. If Lessee and Lessor are in good faith unable to resolve or
mitigate the effect of the Limitation, and the Limitation lasts between seven (7) and
one hundred eighty (180) days, then for such period (i) Lessee may suspend the
payment of any rent due hereunder, but only if Lessee first provides adequate proof
to Lessor that the Limitation has directly caused Lessee a material loss in revenue;
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Ground Lease Agreement
Fort Worth Meacham Airport
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(ii) subject to ordinary wear and tear, Lessor shall maintain and preserve the
Premises and its improvements in the same condition as they existed on the date
such Limitation commenced; and (iii) the term of this Lease shall be extended, at
Lessee's option, for a period equal to the duration of such Limitation. If the
Limitation lasts more than one hundred eighty(180) days,then(i) Lessor and Lessee
may, but shall not be required to, (a) further adjust the payment of rent and cther
fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term
of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days' wr tten
notice to Lessor.
10.5 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 purs ant
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
10.6 Lessee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights-of-way granted by Lessor for the installa ion,
maintenance, inspection, repair or removal of facilities owned or operatec by
electric, gas, water, sewer, communication or other utility companies. Lessee's
rights shall additionally be subject to all rights granted by any ordinance or st tute
which allows utility companies to use publicly-owned property for the provision of
utility services.
10.7 Lessor agrees Lessee shall have the right of ingress and egress to and from the
Premises by means of roadways for automobiles and taxiways for aircraft including
access during the construction phase of airport improvements, unless othervise
agreed to in writing by both parties. Such rights shall be consistent with the rules
and regulations with respect to the occupancy and use of airport premises as adopted
from time to time by the City of Fort Worth and by the Federal Aviation
Administration or any other state, federal or local authority.
11. 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, its Officers, Employees and
Volunteers as an additional insured and covering all public risks related to the leasing, use,
occupancy, maintenance, existence or location of the Premises. Lessee shall obtain the
required insurance in accordance with Exhibit "C", the "City of Fort Worth Aviation
Insurance Requirements"attached hereto and made part of this Lease for all purposes.
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Fort Worth Meacham Airport
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In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care, custody or control.
11.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased li its
on existing coverages, are subject to change at Lessor's option and as necessaiy to
cover Lessee's and any Sublessees' operations at the Airport. Lessee will
accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
11.2. 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 hall
provide Lessor with a new or renewal certificate of insurance. In addition, Le see
shall, at Lessor's request, provide Lessor with evidence that it has maintained such
coverage in full force and effect.
11.3. 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 Airpo , to
grant additional insured status to the City, its Officers, Employees and Volunteers,
and to provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non-renewal or amendment, shall be made without tt irty
(30) days' prior written notice to Lessor. Lessor shall be responsible for notif ring
the City of any change to its insurance coverage that amends or alters that cove age
required by this lease.
12. 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
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Ground Lease Agreement
Fort Worth Meacham Airport
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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.
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF NY
K[ND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIN]) OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE AIRPORT UNDER THIS LEASE OR WITH
THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CA USED BY I HE
GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
DURING THE TERM OF THIS LEASE, LESSEE COVENANTS AND AGREES TO,
AND DOES TO THE EXTENT ALLOWED BY LAW, WITHOUT W4IV7NG NY
DEFENSES PROVIDED BYLAW,HEREBY INDEMNIFY,HOLD HARMLESS AND
DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOY 1,,S,
FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITFIER
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 ANYAND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR
IN CONNECTION WITH LESSEE'S USE OF THE AIRPORT UNDER THIS LEASE
OR WITH THE USE, LEASING, MAINTENANCE, OCCUPANCY, EXISTiF-7NCE, OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY E
GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERS AGENTS,SERVANTS OR EMPLOYEES.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURIES OR DAMAGES TO LESSOR'S PROPERTY WHICH
ARISE OUT OF OR IN CONNECTION WITHANYAND ALL ACTS OR 0MISS1INS
OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTi S,
SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LESSOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE, ANY
SUBLESSEES OR THEIR PROPERTY. LESSOR IS OBLIGATED ONLY TO
PROVIDE SECURITY ADEQUATE TO MAINTAIN LESSOR'S CERTIFICATION
UNDER FAA REGULATIONS. LESSEE SHALL COMPLY WITH ALL
APPLICABLE REGULATIONS OF THE FAA RELATING TO AIRPORT SECUR TY.
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 13 of 24
LESSEE SHALL PAY ALL FINES IMPOSED BY THE FAA ON LESSOR OR
LESSEE RESULTING FROM LESSEE'S OR ANY SUBLESSEES' FAILURE TO
COMPLY WITH SUCH FAA REGULATIONS OR TO PREVENT UNAUTHORIZED
PERSONS OR PARTIES FROM OBTAINING ACCESS TO THE AIR OPERA TI NS
AREA OF THE AIRPORT FROM THE PREMISES.
14. TERMINATION.
In addition to termination rights contained elsewhere in this Lease, Lessor shall havc the
right to terminate this Lease as follows:
14.1. 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 t me,
Lessor shall have the right to terminate this Lease immediately.
14.2. 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 written notice to
cure, adjust or correct the problem to the standard existing prior to the breach. If
Lessee fails to cure the breach or default within such time period, Lessor shall have
the right to terminate this Lease immediately.
14.3. Abandonment or Non-Use of the Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds for immediate termination
of this Lease by Lessor.
14.4. Lessee's Financial Obligations to Lessor upon Termination,Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 14.1, 14.2 or 14.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the
remainder of the term then in effect as well as all arrearages of rentals, fees and
charges payable hereunder. 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 ri Yhts
under this Lease.
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 14 of 24
14.5. Rights of Lessor Upon Termination or Expiration.
Upon tennination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall vacate the Prem ses.
Within twenty (20) days following the effective date of termination or expira ion,
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 o the
Premises, by force if necessary, and to remove any and all parties and pro erty
remaining on any part of the Premises. Lessee agrees that it will assert no claiin of
any kind against Lessor, its agents, servants, employees or representatives, w ich
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 graited
hereunder.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (i) hand-delivered to the other party, its agents, emplo ees,
servants or representatives, or (ii) deposited in the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: To LESSEE:
City of Fort Worth Vintage Flying Museum, Inc.
Aviation Department P.O. Box 820099
201 American Concourse Fort Worth, Texas 76182
Fort Worth,Texas 76106-2736
Payments are to be submitted to the following address unless otherwise notified in writing:
City of Fort Worth
PO Box 99005
Fort Worth, Tx 76199-0005
16. ASSIGNMENT AND SUBLETTING.
16.1. In General.
Lessee shall have the right to sublease portions of the Premises as provided by and
in accordance with Section 5 of this Lease. Otherwise, Lessee shall not assign, ell,
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 15 of 24
convey, sublease or transfer the entirety of its rights, privileges, duties or interests
granted by this Lease without the advance written consent of Lessor.
16.2. 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 uch
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 charges.
17. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any con ract
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 upon thirty (30) days' written notice. 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.
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, emplo ees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful us of
the Premises and Lessee immediately shall remove from the Premises any person enga ing
in such unlawful activities. Unlawful use of the Premises by Lessee itself shall constitut an
immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of Lessor; all rules and regulations established by the Director; and all rules and
regulations adopted by the City Council pertaining to the conduct required at airports o ed
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,
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 16 of 24
employees, contractors, subcontractors, licensees or invitees of any violation of such laws,
ordinances, rules or regulations, Lessee and its officers, agents, employees, contrac ors,
subcontractors, licensees or invitees shall immediately desist from and correct the violat on.
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 sha I be
excluded from participation in or denied the benefits of Lessee's use of the Premises or the
basis of race, color, national origin, religion, disability, sex, sexual orientation, transger der,
gender identity or gender expression. Lessee further agrees for itself, its personal
representatives, successors in interest and assigns that no person shall be excluded frorr the
provision of any services on or in the construction of any improvements or alterations tc the
Premises on grounds of race, color, national origin, religion, disability, sex, sexual
orientation,transgender, gender identity or gender expression.
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 all
times comply with any requirements imposed by or pursuant to Title 49 of the Cod of
Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs, of the
Department of Transportation and with any amendments to these regulations which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by Le see,
its personal representatives, successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
21. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits neces ary
for the operation of its operations at the Airport.
22. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, Lessor does not waive or
surrender any of its governmental powers.
23. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this L ase
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.
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 17 of 24
24. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Lease or of Lessee's operations on the Premises, venue for such action
shall lie in state 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.
25. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and either
party should retain attorneys or incur other expenses for the collection of rent, fee or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys' fees.
26. 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.
27. FORCE MAJEURE.
Lessor and Lessee will exercise their best efforts to meet their respective duties ,and
obligations as set forth in this Agreement, but will not be held liable for any delay or
omission in 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 the public enemy; fires; strikes; lockouts; natiral
disasters; wars; riots; epidemics or pandemics; government action or inaction; order', of
government; material or labor restrictions by any governmental authority; transporta ion
problems; restraints or prohibitions by any court, board, department, commission or
agency of the United States or of any States; civil disturbances; other national or regional
emergencies; or any other similar cause not enumerated herein but which is beyond the
reasonable control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended during the pe iod
of, and only to the extent of, such prevention or hindrance, provided the affected Party
provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of
the Force Majeure Event, with the reasonableness of such notice to be determined by the
Lessor in its sole discretion. The notice required by this section must be addressed and
delivered in accordance with this Lease.
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 18 of 24
28. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall no be
deemed a part of this Lease.
29. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated hereip 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 Counc 1 of
Lessor.
(Signature Page to follow)
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 19 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the IV' day of JarW04M 52021.
IJ
CITY OF FORT WORTH:
By: �
Fernando Costa
Assistant City Manager
Date: Ills4Zoz/
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 Fernando Costa, known to me to be the person whose nam 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 day
2021.
SELENA ALA
is +-.fiSNotary Public, State of Texas R O)w
Comm. Expires 03-31-2024 Notary Public in and for the State of Texa
��
°%i°;,�` Notary ID 132422528
APPROVED AS TO FORM ATTEST:
AND LEGALI '•
By: By: •,,'T !
somas Royce ansen Mary J. Kayser
Assistant City Attorney City Secretary
Contract Authorization:
M&C: DI CTOR
Date Approved: 049,
B .
o er en ble ,A iation Director
Vintage Flying Museum -
Ground Lease Agreement
Fort Worth Meacham Airport OFFICIAL R ORL'
Page 20 of24 CITY SECRETARY
FT WORT,TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring find-administration of
this contract, including ensuring all performance and reporting requirements.
Real Property Manager
Barbara Goodwin
Name Printed
VINTAGE FLYING MUSEUM,INC. ATTEST:
By: 4k By:
Charlyn R. Wospers
President
Date: 1'?/
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
this day personally appeared Charlyn R. Hospers, known to me to be the person whose name s
subscribed to the foregoing instrument, and acknowledged to me that the same was the act f
Vintage Flying Museum, Inc, and that s/he executed the same as the act of Vintage Flyi
Museum, Inc for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this O�A day
'�20yctibcV ,2020.
��rArvu MELVENA GALLEGOS
* * NOTARY PUBLIC STATE OFTE)(AS
MY COMM.DtR I2 O212023 Notary Pu ' ,i anh4r the State of Texas
Gov NOTARY ID 12480433-9
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 21 of 24
I
EXHIBIT"A"
LOCATION MAP
Google
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 22 of 24
EXHIBIT`B"
F�ORTTWWO'RRTTH
Awuwn EXHIBrr B-MINIMUM INSURANCE REQUIREMENTS
Property Camneeia Ernionmend AnrA and Passenger Autcnxble Liability �o
Category Insuraice CameralLjabft, lwv*u dit Lim.ty Inckede Hied&Nrn-cwr*d
Liabity Li blity Vehictees)°
Fixed Base Operators(FBO's) Yes TZ'DIXI W $ ,DDD,000 31.WD,000 3 1,01DD.
Arcra t Main narice Operator ad
Avionics or itstrunnertt Manemanoe 's S1,DDO.DDD S1,DD0,0o0 $ 1.010.0b0
Operalcir-PmUn
Aicra t Martenance Operator and
Avionics or testnirrient Maintenance $5.01XIA 0 $1,000,000 S 1,ODD.000
Operatior-Turbine
Avionics or Instrument Maintenance $1,000im $ 1,O 1130
opratar Mench work onlr)
Arcra t Rental or Flight Training ' S1.ODD,o00i $1.000'o011kcasrrtee ! 1,0 JD,900
Opera s St00.ODDipassenger
AraaR Charter or Aircraft 4 $6,090.000rocaarence
51AOO.ODO
tagen+ent Operaw $!GO,O=passenger S 1.050.�00
Ma
Araaft Sales Opwalor $t 000 000 31.0W,0M?ocaarence S 1,ODD,�O
b 3100,DD0rpassenger
'n 111A00.0m $1,000,o0D
A'rc r3 t Storage Operator
'a Wow=s 55AW.000 s $ 1,OD7, 0
Aviation Service Sole Proprietor S1.0W'M0 2 S100.000kemirrence : 25D,b00
S1ooLo0olpassengr
other Cormmercia Aernnamcal 31,00Q000 SMI.o0010ccurrence $ 1,000,600
Actiftes
TenporarySpeciai¢edAviation $1,00g.000 11MI.DD0Joxxurrence $ 1,To,0100
Service Operator
Nan-Commercial Hangar Lessee -s $300,00DJocctrrence $ 1,DLyJ,d00
Non-Carmter W Flying Club -s S1,0D0,000rocasrence $ 11='o i P0
100 000 sen r
NarCr Permits@f-led al Self-Fuelirp Ftiol r S 1.00D.000 y1,000. db 000 $300.00ccurren a')ce S 1.0 ,000
-
Nan-Coxrvrtercial Self-Fading
Perm tee ;500,000 SMADWoccurrence S 250.$00
+Atoemative Fuds e. .
Box Hangar.T-hlungar,Ccmnvrnrty s $300,000.rocc r ence S 2f0,600
Hangs
other 'Instratce requierttetts subject to determnabon by Aviation Departrneru and Risk ManaganernL
Addrtio r al Insurance Requirements
-Lessee's policies am 1D be prirtay b arty after void and o o afble insurance available b fte City
-M policies shall kKkede a waiver of Stbropabon in(overall fm City(Temporary SASO moat also itdtrde Airport Lessee)
•The City d Fart Waft shao be ram of as Addrili itsutd(Temporary SASO nnst also kKkede Airport Lessee)
�oicies shall have no etarL6iortt by endarsetrterrt Mich.nedttr nullify err amend to reoprired lints d coverage,rhor decrease to units of said aoraage
Coverage per am-raft should be equivalent to the average aacra4 value at one time and coverage per occurrence should be equivalent to the average of the
maidumn value of hod aircraft at one tine,btu not less than the amount motel abate
2 Must:include Negop M it9t UdM Coverage
s f a era storage ioperalor is providrp srbiewaig space for arrraR storage
onty regnied for-rose prwidsg fibm ihsCuctim
s Deprnds an lams of the lease agrownert
°If vehicle Darked lardside-State minimurns would aploly
Aviation Minimum Standards, Citycf Fort Waft Aviafcn Departrrent(MO 2014)
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 23 of 24
DEFINITIONS:
Coverage for the Building includes(but is not limited to)the buildiig and strixMoes,completed additions to covered
buildings,outdoor fixtures,permanently installed findure%machinery and equipment The bolding material use i to
maintain acid service the ins+red's premises is also ensured. Business Persorul Properly owned by the insure insurec and
used in the insured's business is covered for dyed loss or damage. The coverage includes(but is rot limited I o)
furniture and fadires,stock.improvements and betterments.leased property for which you have a contractual
obligation to insure and several oltier similar business property items when not specficOy excluded from covei age.
The policy is also designed to protect the insured against loss or damage to the Personal Property of Otliers le
in the insureds care,custody and control.
PROPERTI LL>\TSL-R.->khTCE
Business Income(sometimes called&usmess interruption)affords protection against the loss of earnings of a
business during the time required to reboM or repair covered property damaged or destroyed by fire or some�ther
insured cause of loss.
EMra Expense allows coverage for those additionai expenses over and above normal operating expenses pa 0 due
to damage to covered property from a covered cause of loss- Muse expenses could inckide rent unities. rigexpenses.telephone.advetfift and labor.
This coverage protects the insured for bodily injury or property damage to the third parties,for which they are gally
liable-The poliicy covers accidents occurring on the premises or aaay from the premises. Coverage is provideid for
injury or damages arising out of goods or products made or sold by the named-insured Coverage is afforded far
the named insured and employees of the named insured:however.several individuals and organkm3borts oWerlthan
the named insured maybe covered depending upon certain circumstances specified in the pafay- In adthfiort the
limits,the policy provides supplemental payments for attorney fees.court costs and other expenses assodat with
a claim or the defense of a Liability suit
Coverage A-godly Injury and Property Damage Liab&y
CONWERCLAL GE VM4L Bodily Injury means physical injury,sickness or disease,in ludrg death Property Damage means physical inj uric
LIABILITY to tangible property,including the resulting loss of use of that property-
Coverage B-Personal"ury and Advertising injury Liability
Personal ijury means false arrest malicious prosecution,wrongful eritry or eviction,libel,slander and viola' of
a pwson's right of privacy. Advertising injury means RA slander,disparagement.violations of a persons rig of
Privacy,misappropriation and copyright kififngement
Coverage C-Medical Payments
Medical Payments means medical expenses for bod8y injury caused by an accident
FI?,\GARKEEPERS Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when th
aircraft is in the care,custody or control of the insured for safekeeping,storage,service or repair-Coverage
LIABILM eimends to liability,daims erwluing an aircraft's loss of use.
Insures the polkrion eiposure associated with the insureds property and operations.Including costs of clean and
remedial or corrective action due to a thi i-party dernand or a government order-The Pollution exclusion in geiceral
nablty insurance effectively eiminartes coverage for damages for body injury.property damage and cleanup kosts
ISIPIR13E1T LIABILPIY arising from most types of polkition events.Because of this,cuanom®ed protection ibr the polkrtion exposure cr
numerous irstreds in this category is essentiaL
Coverage geared specifically tot*operation of aircraft and the risks involved in aviation-Aviation insurance
policies are distinctly different from those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND terminology,as wet as terminology,Emits and clauses specific to aviation insurance.Passenger fi3biay protec
PASSENGER LIABILM passengers riding in the accident ahraftwhe are injured or killed.In many countries this coverage is manda
only for commercial or Large aircraft.Coverage is often sold on a'per-seaC basis,with a specified limit for ea
passenger seat-
The liability coverage of the Business Auto Policy provides protection against legal liabiffy arising out of the
AUTOMOBILE LIABILIl1 ownership,maintenance or use of arty insured automobile. The insuring agreement agrees to pay for bodily in,ury
ar Property damage for which tree insured is legally responsible because of an automobile accident The poll also
NON-OWINM A'MCLESI states that,in addition to the payment of damages.the insurer also agrees to defend the insured for all legal
defense cost.The defense is in addition to the policy frnits.
I\AWER OF An agreement between two parties in wKtoh one party agrees to waive subrogar fon rights against another in the
SUBROGATION event of a loss. The intent is to prevent one party's insurer from pursuing subrogation against the other party.
Vintage Flying Museum
Ground Lease Agreement
Fort Worth Meacham Airport
Page 24 of 24
1/13/2021 M&C Review
rWORTH
CITY COUNCIL AGENDA Flo IV—
DATE: 1,1212.21 REFERENCE"M&C 21-LOG 55FTW GROUND LEASE FOR SOUTH
NO.: 0048 NAME: RAMP WITH VINTAGE FLYING MUSEUM
CODE: C TYPE: CONSENTPUBLIC NO
HEARING:
SUBJECT: (CD 2)Authorize Execution of a New Ground Lease with Access Rights for Approximately
54,538 Square Feet of Ground Space,Also Known as the"South Ramp"with Vintage
Flying Museum,Inc.at Fort Worth Meacham International Airport
RECOMMENDATION:
It is recommended that the City Council Authorize the execution of a new ground lease with access
rights for approximately 54,538 Square Feet of Ground Space,Also Known as the"South Ramp"with
Vintage Flying Museum,Inc.at Fart Worth Meacham International Airport.
DISCUSSION:
On October 21,2008,Vintage Flying Museum,Inc.(VFM)entered into City Secretary Contract(CSC)
No.38004,Airport Access Agreement at Fort Worth Meacham International Airport(Airport).CSC
38004 was a three-year agreement which allowed VFM access to the Airport from their off-airport
facility.
On March 7,2014,the City and VFM entered into a five-year renewal of CSC 38004,which expired on
February 28,2019. VFM has operated under a month-to-month holdover since its expiration.
VFM uses the South Ramp on the Airport,which is adjacent to their off-airport facility(South Ramp),to
access the Airport and to display and stage their planes on various occassions for museum activities.
In the past,VFM has made improvements to the South Ramp due to their use.
On or about October 8,2020,VFM requested a ground lease agreement for the majority of the South
Ramp that would include access rights to enter the airport from their off-airport facility. Staff is in favor
of this request since it will obligate VFM to continue to maintain the South Ramp and feels this
partnership will be beneficial for both the Airport and VFM in preserving and promoting the history of
aviation in Fort Worth and the North Texas Region.
The total amount of ground space requested for South Ramp is approximately 54,538 square feet.
VFM covenants and agrees that it will maintain its certification as a non-profit organization,pursuant to
26 U.S.C.501(c)(3). As long as the 501(c)(3)status is maintained,the ground rate,as per the
current Schedule of Rates and Charges of$0.47 per square foot,will be assessed at a discounted rate
of S.10 per square foot. The total revenue received from this lease will be approximately$5,453.80
per year or$454.48 per month. Rental rates shall be subject to an increase on October 1st of any
given year,based on the upward percentage change in the Consumer Price Index for the Dallas/Fort
Worth Metropolitan area. At no time,however,will the adjusted rate exceed that which is in the
Schedule of Rates and Charges in effect at that time.
The term of the new Ground Lease Agreement with Access Agreement is recommended for five(5)
years,effective upon execution of the Ground Lease Agreement with Access Rights,with no option to
renew. All terms and conditions of the lease agreement will be in accordance with City of Fort Worth
and Aviation Department policies.
ADVISORY BOARD APPROVAL:On November 12,2020,the Aviation Advisory Board voted to
recommend that the City Council approve the Ground Lease and Access Agreement.
Fort Worth Meacham International Airport is located in Council District 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease,funds will be deposited into the Municipal Airport Fund. The Aviation Department(and
Financial Management Services)is responsible for the collection and deposit of funds due to the City.
TO
��Fund Department Account Project Program Activity Budget Referencep Amount
ID ID �� Year � (Charffield 2)
FROM
Fund Department Account Project Program Activity Budget Reference p Amount
ID ID ,__ Year Chartfield 2
Submitted for City Manager's Office by_ Fernando Costa(6122)
Originating Department Head: Roger Venables(6334)
Additional Information Contact: Ricardo Barcelo(5403)
ATTACHMENTS
Location MaR p-df
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=28600&councildate=1/12/2021 1/1