HomeMy WebLinkAboutContract 49292 CITY SECRETARY
CONTRACT NO.
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FORT WORTH MEACHAM INTERNATINAL AIRPORT
C/n'pF 4e'djAIRCRAFT TIEDOWN LEASE AGREEMENT
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(Month-to-Month)
rcraft Tiedown 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 authorized Assistant
City Manager, and the undersigned MARTIN RICCIUTI ("Lessee"), more fully identified in
Section "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information"), attached hereto
and incorporated herein by reference for all purposes.
1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of
Exhibit "A" ("Premises"). Lessee accepts the Premises in its present condition. Upon the
expiration or termination of this Lease, Lessee shall surrerde:the Premises to Lessor in the
same condition, subject to ordinary wear and tear.
2. The term of this Lease shall commence on June 24. 2017 and will automatically renew on
each subsequent month unless canceled by either party by written notice provided to the
other party not less than 30 days prior to the effective date of such cancellation.
3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A".
Initial rent payment is due on or before the effective date of this agreement. Thereafter,
monthly rental payments are due on or before the first day of each renewal year.
B. 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.
4. Lessee may use the Premises only for parking of the aircraft described in Section B of
Exhibit "A" and for no other purpose without the prior written consent of the Director of
Aviation or authorized representative.
4. Lessee shall mai,ilain. the Premises in a good condition and' i cep the Premises free from
trash at all times. Lessee shall not store, dispose of, or allow to stand any fuels, oils,
solvents or other hazardous material on the Premises. Lessee shall not conduct or permit
any action or activity that constitutes a nuisance, interferes with the use of any airport
property by other tenants,or disturbs or endangers the general public in any way.
6. Lessor shall have the right to the Premises at any time in order to inspect or repair the
Premises,or to perform repairs or maintenance to other airport property.
7. Lessee hereby assumes all liability and responsibility for property loss, property damage
and/or personal injury of any kind, including death, to any and all persons, of any kind or
character, whether real or asserted, arising out of or in connection with the use of the airport
under this Lease or with the leasing, use, occupancy, existence or location of the Premises,
whether or not caused, in whole or in part, by alleged negligence of Lessor, its officers,
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Tiedown Lease Agreement
Page 1 of 6
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
agents, servants, employees, contractors, subcontractors, licensees or invitees. 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
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, use, occupancy, existence or location of the
Premises, whether or not caused, in whole or in part, by alleged negligence of Lessor, its
officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees.
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, or
trespassers, whether or not caused, in whole or in part, by alleged negligence of Lessor, its
officers,agents,servants,employees,contractors,subcontractors,licensees or invitees.
8. A. The following events shall constitute events of default by Lessee under this Lease:
(1) Lessee's failure to pay any installment of rent within 10 days following the date that
payment was due;
(2) Lessee's failure to comply with any term, provision or covenant of this Lease, other
than the payment of rent, within 15 days following receipt of written notice from
Lessor to cure such failure;or
(3) Lessee's abandonment or vacation of the Premises.
B. Upon the occurrence of any such events of default, Lessor shall have the option to
terminate this Lease without further notice to Lessee. Upon termination Lessor shall have
the right to take full possession of the Premises, by force if necessary, and to remove any
party remaining on the Premises without being liable for trespass or for any other reason
which may stem from Lessor's termination or assertion of its right to terminate. In the event
of termination,Lessee agrees to pay Lessor on demand the amount of all loss or damage that
Lessor may suffer by reason of such termination.
9. Lessor shall at all times have a lien on all aircraft and any other property located on the
Premises. Lessee covenants and agrees that it will not remove from the Premises any such
aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of
money to which Lessor is, at the time, entitled under the terms of this Lease. Upon the
occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it,
either herein or by law, including Lessor's right to the demised Premises, take possession of
the aircraft and any other property situated on the Premises and, after providing Lessee with
five days'(5)written notice, sell the same at public or private sale. In this event, Lessor will
apply proceeds from such sale, less any and all expenses incurred by Lessor in the possession
or sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus
shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively,
Lessor may foreclose upon its lien on Lessee's aircraft and other property on
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Tiedown Lease Agreement
Page 2 of 6
the Premises as provided by law. Lessee acknowledges that such lien is supplementary to
any statutory lien for rent that Lessor may also have.
10. This Lease shall be governed by the laws of the State of Texas. 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.
11. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in
Section B of Exhibit"A."
12. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease. Any attempted assignment of this Lease shall be null and
void.
13. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and
regulations established by Lessor.
14. If any provision of this Lease is subsequently 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.
15. The person signing this Lease hereby warrants that he/she has the legal authority to
execute this Lease 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.
The other party is fully entitled to rely on this warranty and representation in entering
into this Lease.
16. This written instrument contains the entire understanding and agreement between Lessor
and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null
and void.
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Tiedown Lease Agreement
Page 3 of 6
IN ---NESS "HERE"F, the parties hereto have executed this Agreement in multiples
on this theday of ,2017.
CITY OF FORT WORTH:
By:
William Welstead,
Director of Airport Systems
Date: 7
/xo/;2
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 Bill Welstead, 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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day
of 2017.
E
ANNE-MARIE STOWE
ary Public,state of Texas
mm. Expires 05-01 201 Notary Public in and for the State of Texas
Notary ID 45976-5
,.
APPROVED AS TO FOT?"! ATTEST:
AN ALITY:
By: By:
Paige Me n Mary J. jr
Assistant City Attorney City Secretary
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AS
Month-to-Month
Tiedown Lease Agreement
Page 4 of 6
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX '0�_.
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and administration of this
contract ' luding ensuring all performance and reporting requirements.
Anne-Marie Stowe
Title
LESSEE: ATTEST'
MARTIN RICCIUTI
By. ✓r By:
in Riccuiti •��n � � � � '��J 1��
Date: ,7<-_�
STATE OF
COUNTY OF Pla e §
BEFORE iv RE ME, the undersigned authority, a Notary Public in and for the State of
/, /lCLC��pry , on this day personally appeared Martin Ricciuti,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 Martin Ricciuti and that he executed the same as the act of Martin
Ricciuti for the purposes and com ideration therein expressed and in the capacity therein stated.
GI`v'EIV HANDUNDER MY AND AND SEAL OF OFFICE this 0 day
,2017.
oz!�Pa-&
c
JANET MARIE McDONALD
Notary Public Zary Public in and for the State of
Notary Seal
STATE OF MISSOURI
Commission*17337675,
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Month-to-Month
Tiedown Lease Agreement
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EXHIBIT "A"
A. Lessee Name: Martin Ricciuti Contact:
Address: 3825 N.40 Drive City: Kansas City State: Kansas Zip: 66104
Phone#: 913-225-0453 Email: martygaviationhelp.com
Business(if applicable):
Address: City: State: Zip:
Phone#:
Fax#:
In case of emergency: Linda Scandura
Contact Name:
Phone: 913-221-5198
B. Aircraft: B50 Twin Bonanza
Make: Beech Tail#: N8887 Color: White on Blue w/ Gold Stripe
C. Tie Down Site: See Map (attached)
D. Rental: $55.00 monthly
E. Start Date: June 24,2017
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