HomeMy WebLinkAboutContract 51031 CITY SECRETARY
1 CONTRACT NO. S b
1 FORT WORTH SPINKS AIRPORT
�6 HANGAR AND GROUND LEASE
ANNUAL AGREEMENT
ss�tsssQ LEASE SITE 28
This HANGAR AND 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 authorized Assistant City Manager, and TIME TO FLY MUSEUM ("Lessee"), acting by
and through HARRY PHILLIPS.
In consideration of the mutual covenants, promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 8,000 square feet of ground space ("Ground Space"),
including a 5,100 square foot hangar ("Hangar"), known as Lease Site 28 ("Premises"), at
Fort Worth Spinks Airport ("Airport"), as shown in Exhibit "A", attached hereto and
made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall commence on the date of its execution ("Effective
Date"). This lease shall operate on a year-to-year basis, commencing on the Effective Date.
This lease will automatically renew for successive Renewal Terms of (1) one year,
following the initial (1) one year term, provided, however, that the rental rates for each
Renewal Term shall be adjusted to comply with the rates prescribed for the Premises by
Lessor's published Schedule of Rates and Charges in effect at the same time. 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. Rates and Adjustments
The rental rates under this Lease are based on Lessor's current published Schedule
of Rates and Charges. Rental rates are subject to increase beginning October 1,
2019, and on October 1St of any subsequent year during the Initial Term ("Annual
Rent Adjustments"), to reflect 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 sub ince the effective
date of the last increase; provided, however, 6FLessee's rreCnt ll r es shall not
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CITY SQCRINT'NRY
Annual Hangar and Ground Lease Agreement PT. Nr�
Between City of Fort Worth and Time to Fly Museum A TX
exceed the then-current rates 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 Hangar Rate
Lessee shall commence the payment of rent for the Hangar on the Effective
Date. Lessee hereby promises and agrees to pay Lessor, as annual rent for
the Hangar, Seven Thousand Thirty-Eight Dollars and 00/100 ($7,038.00),
at a rate of One Dollar and 38/100 ($1.38) per square foot, payable in equal
monthly installments of Five Hundred Eight-six Dollars and 50/100
($586.50).
3.1.2 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, as annual
rent for the Ground Space, Two Thousand Sixty Dollars and 00/100
($2,160.00), at a rate of Twenty-Seven cents ($0.27) per square foot,
payable in equal monthly installments of One Hundred Eighty and 00/100
($180.00).
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. MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at
all times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent
disposal away from the Airport of all of Lessee's trash, garbage and refuse. Lessee
covenants and agrees that it will not make or suffer any waste of the Premises. Lessee will
not pile or store boxes, cartons, barrels or other similar items in a manner that is unsafe or
unsightly. Lessee shall be responsible for all damages caused by the negligence or
misconduct of Lessee, its agents, servants, employees, contractors, subcontractors, licensees
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
or invitees, and Lessee agrees to fully repair or otherwise cure all such damages at Lessee's
sole cost and expense.
5. CONSTRUCTION AND IMPROVEMENTS.
Lessee shall not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writing approval from the 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.
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
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
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 an 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 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,
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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 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.
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Lessee further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between Lessor and Lessee.
12. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING 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,
SERVANTSAND EMPLOYEES, FROMAND AGAINSTANYAND 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 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 MAYBE STOLEN, DESTROYED OR IN ANY WAY DAMAGED;AND
LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS
OFFICERS,AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANY
AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
LESSOR.
13. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
14. TERMINATION.
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 have 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 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
Annual Hangar and Ground Lease Agreement
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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 Time to Fly Museum
Aviation Department Attention: Harry Phillips or Jim Ireland
201 American Concourse, Suite 330 8024 C.R. 313
Fort Worth, Texas 76106 Grandview,Texas 76050
(817) 713-0424 Harry Phillips
(682) 304-8317 Jim Ireland
16. ASSIGNMENT.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor. Any
attempted assignment without prior written consent by Lessor shall be null and void. If
Lessor consents to any assignment, all terms, covenants and agreements set forth in this
Lease shall apply to the assignee, and said assignee shall be bound by the terms and
conditions of this Lease the same as if it had originally been a party to it.
17. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and
expense, shall liquidate and discharge the same within thirty (30) days of such creation or
filing. Lessee's failure to discharge any such purported lien shall constitute a breach of this
Lease and Lessor may terminate this Lease immediately. However, Lessee's financial
obligation to Lessor to liquidate and 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
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
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.
19.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards, as
may be adopted by the City Council from time to time. Lessee shall be bound by
any charges adopted in the City's Schedule of Rates and Charges, as may be adopted
by the City Council from time to time.
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 Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
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 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,
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
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.
27. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Lease, Lessee certifies that
Lessee's signature provides written verification to the City that Lessee: (1) does not
boycott Israel,and(2) will not boycott Israel during the term of the Lease.
28. 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.
29. 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]
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
IN WITNESS `v rTREOF, the parties hereto have executed this Agreement in multiples
on this the day of , 2018.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date:`7 113/18
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 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.
GI?�E?�:T TNTUNDER MY HAND AND SEAL OF OFFICE this /36 day
2018.
TRIKINYA L. JOHNSON
Notary Public, State of Texas
9r� �•+c Comm. Expires 04-17-2022
Notary ID 1238832-0 Notary ublic and for the State of Texas
Annual Hangar and Ground Lease Agreement
Between City of Fort Worth and Time to Fly Museum
O�F0RT�2
A
APPROVED AS TO FORM ATTEST: .'
AND LEGALITY:
By: By:
aige Mebane K4ary WeF
Assistant City Attorney City Secretary
M&C: None Required
AOvirmL tie•
Contract Compliance Manager: ;;;-m I;Lq s. O� 310
By signing I acknowledge that 1 am the person responsible for the monitoring and administration of
this contr inc ding ensuring all performance and reporting requirements.
Anne-Marie Stowe,
Leasing Coordinator
LESSEE: ATTEST:
TIME TO FLY MUSEUM
By: X117 9",_ By:
Harry Ahillips
Date: s/'21 )�
`gHpb�i SHANNON CELESTE ;AVIS
STATE OF TEXAS 4 ,g ' Notary Public,Stats of Texaa
syt =�; comm.Expires 03-11-2019
COUNTY OF�A-4e -N-T %0`p„��` Notary ID 130150498
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared HARRY PHILLIPS, 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 TIME
TO FLY MUSEUM and that s/he executed the same as the act of TIME TO FLY MUSEUM for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Qy 2018.
Notary Public in and for the State of Texas
OFFICIAL RECORD
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City of Fort Worth, Texas
Mayor and Council Communication
a
COUNCIL ACTION: Approved on 612612018
DATE: Tuesday, June 26, 2018 REFERENCE NO.: **C-28749
LOG NAME: 55FWS 28HGRGRNDLEASETIMETOFLY
SUBJECT:
Authorize Execution of a Hangar and Ground Lease Agreement with Mandatory Improvements with Time
to Fly Museum for Lease Site 28 at Fort Worth Spinks Airport (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Hangar and Ground Lease
Agreement with mandatory improvements with Time to Fly Museum, for Lease Site 28 at Fort Worth
Spinks Airport.
DISCUSSION:
On or about January 22, 2008, the City of Fort Worth (City) and Harry Phillips executed City Secretary
Contract (CSC) No. 36523, a Hangar and Ground Lease Agreement for Lease Site 28 at Fort Worth
Spinks Airport. Lease Site 28 is comprised of approximately 8,000 square feet of ground space and
includes a 5,100 square foot hangar.
On September 30, 2017, CSC-36523 expired. Prior to expiration, Harry Phillips requested a new month-
to-month Lease Agreement to continue occupancy of Lease Site 28. On or about September 1, 2017,
CSC-49691, a new month-to-month Hangar and Ground Lease Agreement, was executed between the
City and Harry Phillips.
Staff received written request from Harry Phillips, to enter into a new Hangar and Ground Lease
Agreement for Lease Site 28, under the name of Time to Fly Museum. Staff requests that the City Council
authorize the execution of a Hangar and Ground Lease Agreement for a term of one year, effective June
27, 2018 and expiring on June 28, 2019. This lease will automatically renew for successive Renewal
Terms of(1) one year, following the initial (1) one year term, unless either party provides no less than a
30-day written notice to terminate, prior to the effective date.
The total revenue received from this lease will be approximately $9,198.00 annually or$766.50 per month.
Revenue is based on a hangar rate of approximately $1.38 per square foot and a ground rental rate of
$0.27 per square foot, in accordance with the Aviation Department's Schedule of Rates and Charges and
Lessor's market analysis. 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 will the adjusted rate exceed the rate that is current in the Schedule of
Rates and Charges.
This Hanger and Ground Lease Agreement was included as a discussion item at the January 18, 2018
Aviation Advisory Board meeting.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 6.
Logname: 55FWS 28HGRGRNDLEASETIMETOFLY Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that the Aviation Department is responsible for the collection and deposit
of funds due to the City. Upon receipt, these funds will be deposited into the Municipal Airports Fund,
Hangar Lease Revenue Account, which has total estimated revenue in Fiscal Year 2018 of$1,513,594.00
and year-to-date receipts of$1,113,847.02. The Ground Lease Revenue Account, which has total
estimated revenue in Fiscal Year 2018 of$1,834,985.00 and year-to-date receipts of$1,401,267.15.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �mo_Ul
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # Arnoul
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Aaron Barth (5434)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
1. Form 1295 Time to Fly Museum.pdf (Public)
2. Map Lease Site 28 Spinks.pdf (Public)
Logname: 55FWS 28HGRGRNDLEASETIMETOFLY Page 2 of 2
C- amq�
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-364842
Time To Fly Museum
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/06/2018
being filed.
city of Fort Worth Date Ackn ' ledge :
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Hangar 28
hangar and ground lease
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is Mi!r L. .T�vt n-�- and my date of birth is
My address is " _ 1C
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of_ on the Ae any of,__,—rfi.AV20Z.
(month) (year)
Aw
Signature of authorize gen of contracting business enti
eclarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523