HomeMy WebLinkAboutContract 49792 4
CITY SECRETARY
FORT WORTH SPINKS AIRPORT CONTRACT NO.
T-HANGAR LEASE AGREEMENT
12609 WILDCAT WAY NORTH
(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 FERNANDO COSTA, its duly authorized
Assistant City Manager, and AMERICAN STANDARD AVIATION,LLC ("Lessee"), acting by
and through James Hibler and Joshua Stamper,Co-Owners.
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 Spinks Airport("Airport")in Fort Worth, Tarrant County, Texas:
1.1. T-Hangar Unit#31, located at 12609 Wildcat Way North.
2. 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 (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 such termination.
3. RENT.
3.1. Rent During 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 (1st)
day of any given month, the first month's rental payment shall be prorated in accordance
with the number of days remaining in that .234
4
RECEIVED
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CIN OF FORT WORTH
T-Hangar Lease Agreement d� CITY SECRETARY OFFICIAL REco RO
a
Between City of Fort Worth and American Standard Aviation,LLC <<9 CITY SECRETARY
FT.WORTH, TX
3.2 Rent During 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.
3.3. 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. :TAINTENANCE 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 IMPROVE.TENTS.
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 Airport Systems Director 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). Lessor shall provide Lessee
with a combination lock. Lessor shall provide Lessee with advance notice of inspection
when reasonable under the circumstances.
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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 a aircraft. Lessee's use
of the Premises for any other purpose shall 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 for any
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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
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;
$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
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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 she 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 DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
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
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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. TERIVIINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
14.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thirty(30)days prior to the effective date of such termination.
14.2. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time,Lessor shall havc the right to terminate this Lease immediately.
14.3. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
14.4. Rights 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
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, 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: To LESSEE:
City of Fort Worth American Standard Aviation,LLC
Aviation Department P.O. Box 471730
201 American Concourse, Suite 330 Fort Worth, Texas 76147
Fort Worth, Texas 76106
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. IfLessor 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.
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
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same within thirty (30) days of such creation or filing. Lessee's failure
to discharge any such purported lien shall constitute a breach of this Lease and Lessor may
terminate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate and
discharge such lien shall continue in effect following termination of this Lease and until such a time
as the lien is discharged.
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 Airport Systems Director 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 age, race, color, national origin, religion, disability, sex, sexual orientation, transgender,
gender identity or gender expression. 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 age, 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 at all times
comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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 the event there should be a breach or default under any provision of this Lease and
either parry 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.
V 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,
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
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 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 warranties and representations in entering into this Agreement or
any amendment hereto.
[Signature Pages Below]
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC
INIZSESS Wj17ERFOF, the parties hereto have executed this Agreement in multiples
on this the l�day of , 2017.
CITY OF FORT WORTH:
By:
William Welstead
Aviation Director
Date:
_-z"Z07
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 William 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.
UNDER MY HAND AND SEAL OF OFFICE this day of
2017.
ANNE-MARIE STOWE
Notary Public, State of Texas No Public in and for the State of Texas
qComm. Expires 0501 2019ry
Notary ID 45976-5
EFn.
L RECORD
CRETARY
T-Hangar Lease Agreement
Between City of Fort Worth and American Standard Aviation,LLC RTH,TX
APPROVED AS TO FORM ATTES
AN GALITY:
By, 10 By:
Paige Mebane Kayser
Assistant City Attorney City Secretary �y
M&C: None Required
:2
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and ad of
this con , including ensuring all performance and reporting requirements.
Anne-Marie Stowe
Title
LESSEE: ATTEST:
AMERIC TANDARD AVIATION,LLC
By: NA
By: 1(A S�
James Hi er, Co-Owner
Date: /C) '3/o2C'/
CYIi M YNOWN SM
No"Of 13CON2-2
MY c4m"W"STATE OF TEXAS § %M'
COUNTY OF 'TcA Ioyan r §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared JAMES HIBLER, 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
AMERCAN STANDARD AVIATION, LLC and that s/he executed the same as the act of
AMERCAN STANDARD AVIATION, LLC for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3day of
, 2017.
t Ann u'k� U� )
�111 PuRic in and for th t :oV Texas
OFFICIAL RECORD
T-Hangar Lease Agreement
Between City of Fort Worth and The Blakeney Company CITY SECRETARY
FT.WORTH,TX
LESSEE: ATTEST:
AMERI STA AVIATION,LLC L c
By:
Joshu tamper, - ner
Date: 1012 / 2-a1-:7 NOWV 00 ' SOTO
13W32-2
EXVOWM
Dim 1b 2M9
STATE OF TEXAS §
COUNTY OF Ck V V §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared JOSHUA STAMPER, 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
AMERCAN STANDARD AVIATION, LLC and that s/he executed the same as the act of
AMERCAN STANDARD AVIATION, LLC for the purposes and consideration therein
expressed and in the capacity therein stated.
U GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
CP✓ , 2017.
Not Public in and for the S, to f Texas
EOFFICIALRECORDETARY
T-Hangaz Lease AgreementBetween City of Fort Worth and The Blakeney Company H, TX
LANDLORD'S SUBORDINATION
This Agreement is made by c cT Finw hereinafter called "Landlord", PEOPLE FUND,
hereinafter called"Secured Part,and t r rsa� ,ur rz &� hereinafter called"Tenant".
WITNESSETH:
1.
By Lease Contract dated ��}o'er- `, 1ti�1,Landlord has leased to ou4nii4o ` fitln
as Tenant,premises located at i—V
newt l,Jer;-t, �7k •7 CoQ 2�
2.
By this instrument,subject to the terms and provisions hereinafter set forth, Landlord herby subordinates its
landlord's liens and security interests, contractual and statutory to the security interest arising in favor of the
undersigned Secured Party as to the personal property listed and described attached on Exhibit"A' (said personal
property being herein referred to as the"Collateral").The action of Landlord in herby subordinating its landlord's liens
and security interests to the security interest arising in favor of the undersigned Secured Party shall remain in effect
only until the earliest of:the date all indebtedness owed by Tenant to Secured Party has been fully paid, the expiration
of the term of the Lease Contract(including all renewals)by effluxion,or the date of cessation of this subordination
referred to in Article 4 below.
By this instrument, Secured Party warrants and represents to Landlord the following; that Secured Party
does not control is not controlled by and is not under common control with Tenant; Secured Party is not controlled by
any officer, director, or shareholder of Tenant; Tenant is not controlled by any officer, director, or shareholder of
Secured Party; and Secured Party does not have any financial interest in Tenant nor does Tenant have any financial
interest in Secured Party.
3.
In the event that Landlord terminated the Lease Contract or terminates Tenant's right to possession under
the Lease Contract prior to the expiration of the term for which the premises thereunder were leased or any extension
thereof,or in the event that Tenant abandons said premises prior to the expiration of the term for which said premises
were leased or any extension thereof, Landlord shall give 60 day written notice of such event to the undersigned
Secured Party,whereupon the Secured Party shall have the right,but not the obligation,to remove the Collateral from
the premises.
4.
The undersigned Secured Party agrees that upon receipt of such notice under Article 3,and in the event that
Secured Party elects to remove all of the Collateral from the premises,the aforesaid removal(and the performance of
any repair duties of Secured Party as hereinafter stated in Article 5) shall be completed by Secured Party within a
period of thirty(30) days from its receipt of any such notice(which shall be deemed received upon the earlier of actual
receipt or three(3)days after deposit in the U.S.mail,postage prepaid,registered or certified,return receipt requested,
addressed to the address of Secured Party stated below).If,however,within the aforesaid period of time,either not all
of the Collateral shall have been removed from the premises or Secured party has not completed the repair duties of
Secured Party set forth in Article 5 of this instrument, then the following shall apply: (i)this subordination by Landlord
shall automatically cease and thereupon the statutory and contractual liens and security interests of Landlord shall be
prior and superior to all security interest(and other rights, if any) in the Collateral in favor of the undersigned Secured
Party; (ii) the undersigned Secured Party shall not thereafter remove any of the Collateral without the prior written
permission of Landlord; (iii)Landlord shall be permitted(but not obligated)to foreclose on the Collateral(without court
proceedings)at any time after expiration of the aforesaid period of notice from Landlord to Secured Party upon ten(10)
days'notice to both Tenant(given in the manner stated above in this Article 4)and Secured party advising of the time
and place of said sale. Notwithstanding anything in this paragraph to the contrary, in the event that Tenant ever
becomes the subject of a voluntary or involuntary bankruptcy,reorganization or other similar type of proceeding under
the Federal Bankruptcy Laws,or if the Secured Party is stayed,enjoined or prevented by any other Municipal, State or
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
Federal Court or governmental entity from pursuing its interest against the Tenant,then the thirty(30)day time period
shall be correspondingly enlarged by the number of days that such stay, injunction or other means of prevention is in
effect; provided, however that Secured Party shall use good faith, diligent and continuous efforts to have such stay,
injunction or other means of prevention relieved,dissolved or otherwise removed.
5.
In the event of removal form the premises of any of the Collateral by Secured Party or its agents or
contractors, Tenant and Secured Party jointly and severally, agree to promptly repair all damage to the premises
caused by such removal (ordinary wear and tear excepted), and to leave the premises in a safe condition, and, in
connection with all Collateral removed by Secured Party or its agents or contractors,Secured Party and Tenant,jointly
and severally, agree to indemnify and hold landlord harmless from all loss, damage, liability, cost and expense
(including attorneys'fees)which Landlord may at any time sustain or incur incident to the claim of any person, firm,
corporation,or governmental agency claiming any nature of interest in or entitlement to any of the Collateral.
6.
Tenant assigns to Secured Party all of Tenant's rights in the lease as security for the loan including the
Tenant's rights under the lease;subject to Tenant's rights to use the premises and the benefits of the Lease while not
in default on the Loan or Lease.Upon full performance by Tenant under the Loan,this assignment to the Lease will
end without further action by any of the parties.This assignment includes all renewals,modifications and amendments
of the Lease and the Loan,until the Loan has been paid.No amendments will be made to the Lease without Secured
Party's prior written consent. Landlord consents to the assignment.If Tenant defaults on the Loan or the Lease,the
Secured Party has the right to reassign the lease and the Landlord's consent to any such reassignment will not be
unreasonably withheld or delayed.
THE SUBMISSION OF THIS DOCUMENT FOR EXAMINATION AND/OR EXECUTION HEROF SHALL
BECOME EFFECTIVE ONLY UPON EXECUTION BY ALL PARTIES HERE TO AND DELIEVERY OF A FULLY
EXECUTED COUNTERPART BY LANDLORD TO THE OTHER PARITIES HERETO.
r?,
EXECUTED this the '_a day of t +C.�oYScat 20_cl in multiple counterparts,
each of which shall have the force and effect of an original.
« Land Lord's Name>> «Client's Name>>
By:_ y Address: Attn: Rocio Vallejo
Name: FFrnar Jo Costa. 2921 E. 170,St. Bldg, D, Suite 1
Austin,Texas 78702
6- Title:: As-&CI'j flan-der 'SECURED PARTY'
"LANDLORD'
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PEOPLE FUND � ) I n
By: Aoi2xifrl✓i toylO�v�� N�jsctlL,
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f— ,Name: Title: ( .- ✓ r I J3 J ;
t,c 'TENANT'
Title: C. O
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OFFICIAL RECORD
CITY SECRETARY
Ronald P. Gonzales, City FT,WORTHS TX
EXHIBIT"A"
ALL INVENTORY AND REMOVABLE(i) FURNITURE, (ii) FIXTURES AND
(iii)EQUIPMENT(EXCLUDING ALL HEATING, VENTILATING AND AIR
CONDITIONING EQUIPMENT).
Plus,"All assets now owned or hereafter acquired"
1*Please Initial Below`
LANDLORD INITIAL
TENANT INITIAL
SECURED PARTY INITIAL