HomeMy WebLinkAboutContract 48853FORT WORTH SPINKS AIRPORT
T-HANGAR LEASE AGREEMENT
12609 WILDCAT WAY NORTH
(MONTH-TO-MONTH)
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This T-HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessar"), a home rule municipal corporation situated
in Tarrant County, Texas, acting by and through FERNANDO COSTA, its duly authorized
Assistant City Manager, and Steven Pulte ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, Lessor
and Lessee agree as follows:
1.
2.
3.
PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant Couniy, Texas:
1.1. T-Hangar Unit #36, located at 12609 Wildcat Way North.
TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (lst) 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 priar to the effective date of such termination.
RENT.
3.1. Rent Durin� Initial Term.
Lessee hereby promises and agrees to pay Lessor as monthly rent for the Premises
the sum of Four Hundred and Fifty Dollars 00/100 ($450.00). 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. On the Effective Date of this Lease, Lessee shall pay the first and last months'
rent in advance. In the event that this Lease commences on a day other than the first (lst)
day of any given month, the first month's rental payment shall be prorated in accordance
with the number of days remaining in that month.
3.2 Rent Durin� Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the_same_time.
T-Hangar Lease Agreement
Behveen City of Fort Worth and Steven Pulte
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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 compiy 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 fuliy 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 a Seneca l, N56368.
Lessee's use of the Premises for any other purpose shail constitute a material breach of this
Lease.
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
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 far 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.
T-Hangar Lease Agreement
Bet�veen Ciry of Fort Worth and Steven Puite
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 deta.ils 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 supe�ior 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,
INCL UDING 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 OFLESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SER UANTS AND
EMPLOYEES, FROM AND AGAINST ANY AN➢ 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, OCCITPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OFLESSOR.
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, SUSCO�VTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
T-Hangar Lease Agreement
Behveen City of Fort Worth and Steven Pulte
14.4. Ri�hts of Lessor Upon Termination or Expiration.
Upon the termination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease 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
remainin� 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, 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 ar
representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
City of Fort Worth
Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106
16. ASSIGNMENT.
To LESSEE:
Steven Pulte
4208 Toledo Avenue
Fort Worth, Texas 76133
817-614-9783
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 shail apply to the assignee,
and said assignee shall be bound by the tei�rns and conditions of this Lease the same as if it had
originally been a party to it.
1'7. LIENS BY LESSEE.
Lessee acknowledges that it has no 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
T-Hangar Lease Agreement
Benveen City of Fort Worth and Steven Pulte
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 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, fees 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.
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.
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,
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.
T-Hangar Lease Agreement
Behveen City of FoR Worth and Steven Pulte
27. ENTIRETY OF AGREEMENT.
This written instiument, including any documents 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.
28. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these wananties and representations in entering into this Agreement or
any amendment hereto.
[Signature Pages Below]
T-Hangar Lease Agreement
Beriveen City of Fort Worth and Steven Pulte
IN WIT�NESS WH �2EOF the parties hereto have executed this Ag�•eement in multiples
on this the � day of / , 2017.
CITY OF FORT WORTH:
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By• :f�_/�/ �� 9V ��� .
William Welstead
Aviation Director
Date: ��% � `7
,
STATE OF TEXAS
CK�1�11�r•L�l�r:�.�.7.\►�1
BEFORE ME, the undersigned authority, a Notaty Public in and for the State of Texas, on
this day personally appeared William Welstead, known to me to be the person whose name is
subscribed to the foi•egoing 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.
v�-
IV��E,,N, /LTNDER MY IIAND AND SEAL OF OFFICE this � day of
L�7" Lii�� , 2017.
�„RY���� ANNE-MARIE STOWE
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T'-Hangar Lease Agreement
Behveen City of Fort Worth and Steven Pulte
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Notary Public in and for the State of Texas
OFF����� �tECORD
CIT'� SIECRE7'q�y
�'1'•:�l0�'tTHr TX �
APPROVED AS TO FORM
AND GALITY:
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By: - �'' _ '� �=x"_ ��.
Paige Me ane
Assistant City Attorney
M&C: None Required
ATTEST:
I�.
City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this cont , including ensuring all performance and reporting requirements.
Anne- arie Stowe
,
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Title
LESSEE:
Steven Pulte
By: �(�-�
Date: ���-�`� � � %
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STATE OF ,.Q i��;- c � §
COUNTY OF (� � ��I,��,�.ti §
ATTEST:
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By: _
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
�: .e , on this day personally appeared STEVEN PULTE, known to me to be the
person w ose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of STEVEN PULTE and that s/he executed the same as the act of STEVEN
PULTE for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN LINDER MY HAND AND SEAL OF OFFICE this � S day of
��bc.�o���� , 2017.
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T-Hangar Lease Agreement '��;�TyAM �o`�� `
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