HomeMy WebLinkAboutContract 51269 CITY SECRETARY
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5�cs\, �V HFORT WORTH SPINKS AIRPORT
SEP N Q 2� s HANGAR SPACE LEASE AGREEMENT
COMMUNITY HANGAR 29
G`�{ssss. (MONTH-TO-MONTH)
This HANGAR SPACE LEASE AGREEMENT ("Lease") is made and entered into by
and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal
corporation acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and MATT DOODY ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property hereinafter referred to as
Community Hangar 29, Space #3 ("Premises"), as described on Exhibit "A" attached,
at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas,
hereinafter referred to as ("Premises").
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 under Initial Term.
Lessee shall pay Lessor as monthly rent for the Premises the sum of Two
hundred dollars and 00/100 ($200.00). Rental rates under this Lease are based
on Lessor's published Schedule of Rates and Charges in effect as of the Effective
Date of this Lease. In the event that this Lease commences on a day other than the
first (1 st) 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.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTHS TX
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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.
All monthly rent payments under this Lease 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's Aviation Department as set forth in Section
18. 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.
4.1. Maintenance and Repairs by Lessor.
Lessor agrees to perform minor repairs and maintenance on a timely basis
as required by the ordinary use of the Premises under the terms of this Lease and
which are not caused by any violation thereof by Lessee. Lessor shall have the
right and privilege, through its officers, agents, servants or employees to inspect
the Premises at any time. If Lessor determines that Lessee is responsible for any
maintenance or repairs required on the Premises, it shall notify Lessee in writing.
Lessee agrees to undertake such maintenance or repair work within thirty
(30) calendar days of receipt of notice. If Lessee fails to undertake the
maintenance or repairs recommended within this time, Lessor may, in its
discretion, perform the necessary maintenance or repairs on behalf of Lessee. In
this event, Lessee will reimburse Lessor for the cost of the maintenance or repairs,
and payment will be due on the date of Lessee's next monthly rental payment
following completion of the repairs.
4.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer
any waste of the Premises. Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in
the same condition as originally received, subject to ordinary wear and tear
consistent with normal use over time. Lessee is responsible for all damages
caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors, subcontractors,patrons, licensees, invitees or trespassers.
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4.3. Inspection.
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). Lessee will permit the Fire Marshal 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 added or 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. Lessor shall provide Lessee
with advance notice of inspection when reasonable under the circumstances.
5. ACCEPTANCE OF PREMISES.
5.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos-containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos-containing materials exist on the Premises to the extent
identified in Lessor's Level II Asbestos Assessment Report dated October 12,
1992, a public document on file in Lessor's City Secretary's Office and
incorporated herein by reference for all purposes. Lessee covenants and agrees to
comply with all federal, state and local laws and regulations, now in existence
or promulgated in the future, which pertain to asbestos containing materials.
Lessee covenants and agrees to cooperate fully with any asbestos abatement
activity plan or asbestos operations and maintenance plan set forth by Lessor.
Lessee further covenants and agrees to notify and obtain written approval from
Lessor prior to Lessee's undertaking of any repairs, renovations, alterations or
improvements to the Premises or of any other activity, which might disturb
asbestos-containing materials. Lessee agrees that it shall be solely responsible for
all expenses of such activities. Lessor retains the right to perform or cause to be
performed air sampling on the Premises to check for the presence of airborne
asbestos fibers. Lessee agrees to allow Lessor full access to the Premises to
perform such tests. Lessor will make the results of any such tests available
to Lessee at Lessee's request.
5.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully advised
of its own rights without reliance upon any. representation made by Lessor
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concerning the condition of the Premises. Lessee accepts the Premises in its
present condition as satisfactory for all purposes set forth in this Lease.
6. CONSTRUCTION AND IMPROVEMENTS.
Lessee may 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 comply fully with the Americans with Disabilities Act of 1990, as
amended.
7. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Airport Systems Director or
authorized representative.
8. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related
commercial activities. It is specifically agreed and stipulated that the following
concessions are prohibited under this Lease, unless specifically approved by the Airport
Systems Director or authorized representative: (i) ground transportation for hire; (ii)
motor vehicle rental, including taxi and limousine service; (iii) food sales; (iv)barber and
valet services; (v) alcoholic beverage sales; and (vi) aviation-related sales of pilot
supplies.
9. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport Systems
Director or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however, must be in keeping with the size,
color, location and manner of display of other signs throughout the Terminal. In addition,
Lessee may, at its own expense, make, install and maintain a sign outside the Terminal on
Lessor's property subject to prior written approval by the Airport Systems Director or
authorized representative as to the sign's placement, appearance, construction, and
conformity with applicable City Code restrictions.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises
resulting from the installation, maintenance or removal of any such sign. Lessee also
agrees to remove any sign at its own expense immediately upon receipt of instructions for
such removal from the Airport Systems Director or authorized representative.
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10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. 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.
10.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building
or other structure which, in the opinion of Lessor, would limit the usefulness of
the Airport, constitute a hazard to aircraft or diminish the capability of existing or
future avigational or navigational aids used at the Airport.
10.3. Lessor reserves the night 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.
10.4. 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.
10.5. During any war or national emergency, Lessor shall have the night 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.
10.6. 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.
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11. INSURANCE.
Lessee shall procure and maintain at all times,in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance specified to be
maintained by a commercial tenant in accordance with Exhibit `B", the "City of Fort
Worth Aviation Insurance Requirements"attached hereto and made part of this Lease for all
purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care,custody or control.
11.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits
on existing coverages, are subject to change at Lessor's option and as necessary to
cover Lessee's and any Sublessees' operations at the Airport. Lessee will
accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
11.2. Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit"B",which is attached
hereto and incorporated herein for all purposes.
11.3 As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty (30)
days prior to the expiration of any insurance policy required hereunder, it shall
provide Lessor with a new or renewal certificate of insurance. In addition, Lessee
shall, at Lessor's request, provide Lessor with evidence that it has maintained such
coverage in full force and effect.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative
or employee of Lessor. Lessee shall have the exclusive right to control the details of its
operations and activities on the Premises and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors,
patrons, licensees and invitees. Lessee acknowledges that the doctrine of
respondeat superior shall not apply as between Lessor and Lessee, its officers, agents,
employees, contractors and subcontractors. Lessee further agrees that nothing herein
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shall be construed as the creation of a partnership or joint enterprise between Lessor and
Lessee.
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH, TO ANYAND 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 ANYRESULTING
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 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
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NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
14. 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.
15. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
15.1. 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.
15.2. 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.
15.3. 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.
15.4. 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
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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.
16. 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 Matt Doody
Aviation Department 400 SW Gordon Street,Apt. 325
201 American Concourse, Suite 330 Burleson, Texas 76028
Fort Worth, Texas 76106 (817)368-6812
17. ASSIGNMENT AND SUBLETTING.
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
such transaction attempted by Lessee without prior written consent by Lessor shall be null
and void. If Lessor consents to any such transaction, the respective assignee or sublessee
shall consent to comply in Writing with all terms and conditions set forth in this Lease the
same as if that party had originally executed this Lease.
18. 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.
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19. 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.
20. 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 the 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
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.
20.1 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.
23. 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 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 race, color, national origin,
religion, disablitly, sex, sexual orientation, transgender, gender identity or gender
expression.
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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
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.
24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
26. 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.
27. VENUE.
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 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.
28. 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.
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29. 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.
30. 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.
31. 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.
32. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
33. 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.
34. 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, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
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in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
[Signature Pages Below]
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w 6
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this contract including ensuring all performance and reporting requirements.
Leasing Coordinator
Print Name
LESSEE:
MATT DOODY
By: /no/—
Matt
Matt Doody
Date: 01
STATE OF TEXAS § SHANNON CELESTE DANS
March 11,2018
COUNTY OF TARRANT § 'add'
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared MATT DOODY,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 MATT DOODY
and that s/he executed the same as the act of MATT DOODY for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this l a day of
'2018. t
Notary Public in and for the State of Texas
OFFICIAL RECORD
Community Hangar Space—Matt Doody
Page/of X CITY SECRETARY
16 15 FT.WORTH,TX
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.2018.
Notary Public in and for the State of Texas
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
Paige Meb a "4'3'10 r Mary J. Kayser
tf �asM '1,,•l'�
Assistant C Attorney City Secretary
M&C: None Required
community Hangar space—Man Doody
Page 15 of 16
INNESS REOF, the parties hereto have executed this Agreement in multiples
on this the day of
CITY OF FORT WORTH:
By: &Zl
William Welstead
Aviation Director
Date:
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2018.
FART
ANNE MARIE STOWE
Notary Public, State of Texas Op
�N7• ,•+r Comm. Expires 05-01-2022 Notary Public in and for the State ,� ''•;�
Notary ID 459765 V _
APPROVED AS TO FORM ATTEST:
AND EGALITY: XA�
By: By:
Paige ebane Mary J. 14er
Assistant City Attorney City Secretary
M&C: None Required
OFFICIAL RECORD
Community Hangar Space—Matt Doody
Page 14 of 15 CITY SECRETARY
FT.WORTH,TX
.. i
FoRT**1WOR�TH
AVIATION EXHIBIT C -MINIMUM INSURANCE REQUIREMENTS
Commercial Environmental Automobile Liability (To
Insurance
Category Property General Hang Liability
ers Impairment Liability Aircraft and Passenger Include Hired&Non-owned
Liability Liability Liability Vehiclees) 6
Fixed Base Operators(FBO's) Yes $5,000,000 $5,000,000 $1,000,000 $ 1,000,000
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance -5 $1,000,000 $1,000,000 $ 1,000,000
Operator-Piston
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance -5 $5,000,000 $1,000,000 $ 1,000,000
Operator-Turbine
Avionics or Instrument Maintenance .5 $1,000,000 $ 1,000,000
Operator (Bench work Only)
Aircraft Rental or Flight Training -5 z $1,000,000/occurrence
Operator $1,000,000 $ 1,000,000
•s $100,000/passenger
Aircraft Charter or Aircraft -5 $5,000,000/occurrence
ManaManagement Operator ,5 $1,000,000 $ 1,000,000
9 P $500,000/passenger
Aircraft Sales Operator 5 $1,000,0007 $1,000,000 $1,000,000/occurrence $ 1,000,000
•5 $100,000/passenger
.5 $1,000,000 $1,000,000
Aircraft Storage Operator
'5 $5,000,0003 $5,000,000 $ 1,000,000
Aviation Service Sole Proprietor -5 $1,000,000 z
$1,000,000/occurrence
$100,000/passengerr 4 $ 250,000
Other Commercial Aeronautical $1,000,000
Activities $300,000/occurrence $ 1,000,000
Temporary Specialized Aviation
$1,000,000 $300,000/occurrence $ 1,000,000
Service Operator
Non-Commercial Hangar Lessee -5 $1,000,000 7 $300,000/occurrence $ 1,000,000
Non-Commercial Flying Club -5 $1,000,000 7 $1,000,000/occurrence $ 1,000,000
$100,000/passenger
Non-Commercial Self-Fueling
'S $1,000,000 $1,000,000 $300,000/occurrence $ 1,000,000
Permitee Jet Fuel and/or Aygas)
Non-Commercial Self-Fueling 7
Permitee -5 $1,000,000 $500,000 $300,000/occurrence $ 250,000
Alternative Fuels e.g.m as
Box Hangar,T-Hangar,Community -5 $1,000,000 $300,000/occurrence S 250,000
Hangar
Other 'Insurance requirements subject to determination by Aviation Department and Risk Management.
Additional Insurance Requirements
-Lessee's policies are to be primary to any other valid and collectible insurance available to the City
-All policies shall include a Waiver of Subrogation in favor of the City(Temporary SASO must also include Airport Lessee)
-The City of Fort Worth shall be named as Additional Insured(Temporary SASO must also include Airport Lessee)
-Policies shall have no exclusions by endorsement,which,neither nullify or amend the required lines of coverage,nor decrease the limits of said coverage
Coverage per aircraft should be equivalent to the average aircraft value at one time and coverage per occurrence should be equivalent to the average of the
maximum value of total aircraft at one time,but not less than the amount noted above
2 Must include Negligent Instruction Coverage
3 If aircraft storage operator is providing subleasing space for aircraft storage
a Only required for those providing flight instruction
5 Depends on terms of the lease agreement
6 If vehicle parked landside-State minimums would apply
7 Coverage may be provided by endorsement
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)
DEFINITIONS:
Coverage for the Building includes(but is not limited to)the building and structures, completed additions to covered
buildings, outdoor fixtures, permanently installed fixtures, machinery and equipment. The building material used to
maintain and service the insured's premises is also insured. Business Personal Property owned by the insured and
used in the insured's business is covered for direct loss or damage. The coverage includes(but is not limited to)
furniture and fixtures,stock, improvements and betterments, leased property for which you have a contractual
obligation to insure and several other similar business property items when not specifically excluded from coverage.
The policy is also designed to protect the insured against loss or damage to the Personal Property of Others while
in the insured's care, custody and control.
PROPERTY INSURANCE
Business Income(sometimes called Business Interruption)affords protection against the loss of earnings of a
business during the time required to rebuild or repair covered property damaged or destroyed by fire or some other
insured cause of loss.
Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cause of loss. These expenses could include rent, utilities, moving
expenses,telephone, advertising and labor.
This coverage protects the insured for bodily injury or property damage to the third parties,for which they are legally
liable.The policy covers accidents occurring on the premises or away from the premises. Coverage is provided for
injury or damages arising out of goods or products made or sold by the named insured. Coverage is afforded for
the named insured and employees of the named insured; however, several individuals and organizations other than
the named insured may be covered depending upon certain circumstances specified in the policy. In addition to the
limits,the policy provides supplemental payments for attorney fees, court costs and other expenses associated with
a claim or the defense of a liability suit.
Coverage A-Bodily Injury and Property Damage Liability
COMMERCIAL GENERAL Bodily Injury means physical injury,sickness or disease, including death. Property Damage means physical injury
LIABILITY to tangible property, including the resulting loss of use of that property.
Coverage B-Personal Injury and Advertising Injury Liability
Personal Injury means false arrest, malicious prosecution,wrongful entry or eviction, libel, slander and violations of
a person's right of privacy. Advertising Injury means libel,slander,disparagement,violations of a person's right of
privacy, misappropriation and copyright infringement.
Coverage C-Medical Payments
Medical Payments means medical expenses for bodily injury caused by an accident.
HANGARKEEPERS Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the
aircraft is in the care,custody or control of the insured for safekeeping, storage, service or repair. Coverage
LIABILITY extends to liability claims involving an aircraft's loss of use.
Insures the pollution exposure associated with the insured's property and operations, Including costs of cleanup and
remedial or corrective action due to a third-party demand or a government order. The Pollution exclusion in general
ENVIROMENTAL liability insurance effectively eliminates coverage for damages for bodily injury, property damage and cleanup costs
IMPIRMENT LIABILITY arising from most types of pollution events. Because of this, customized protection for the pollution exposure of
numerous insureds in this category is essential.
Coverage geared specifically to the operation of aircraft and the risks involved in aviation.Aviation insurance
policies are distinctly different from those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND terminology,as well as terminology, limits and clauses specific to aviation insurance. Passenger liability protects
PASSENGER LIABILITY passengers riding in the accident aircraft who are injured or killed. In many countries this coverage is mandatory
only for commercial or large aircraft. Coverage is often sold on a"per-seat"basis,with a specified limit for each
passenger seat.
The liability coverage of the Business Auto Policy provides protection against legal liability arising out of the
AUTOMOBILE LIABILITY ownership, maintenance or use of any insured automobile. The insuring agreement agrees to pay for bodily injury
(TO INCLUDE HIRED& or property damage for which the insured is legally responsible because of an automobile accident. The policy also
NON-OWNED VEHICLES) states that, in addition to the payment of damages, the insurer also agrees to defend the insured for all legal
defense cost. The defense is in addition to the policy limits.
WAIVER OF An agreement between two parties in which one party agrees to waive subrogation rights against another in the
SUBROGATION event of a loss. The intent is to prevent one party's insurer from pursuing subrogation against the other party.
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)
INTEROFFICE MEMORANDUM
TO: 1. AYA EALY, ADMINISTRATIVE MANAGER,74(L
2. BILL WELSTEAD, DIRECTOR OF AVIATION;rv' Qa.�yefte�r�'7�g
3. FERNANDO COSTA, ASSISTANT CITY MANAGER," r
4. MARY KAYSER, CITY SECRETARY
FROM: ANNE-MARIE STOWE, SR ADMINISTRATIVE ASSISTANT
SUBJECT: Month-to-Month Storage Agreement
Matt Doody—Community Hangar 29— Space #3
M&C Not Required
DATE: August 28, 2018
Please see (1) original of the above-referenced Lease Agreement.
Also attached is the Delegation of Approval Authority for Bill Welstead.
CMO—please send an email to AVIaccountingAfortworthtexas.gov when the original is
ready for Aviation pick up.
Should you have any questions or comments please contact me at (817) 392-5415 or
email anne-marie.stowegfortworthtexas.gov.
Thank you
Anne-Marie Stowe,
Aviation Department
SEp� A 2p1�
� 0
I .+
FORTWORTH.
INTEROFFICE MEMORANDUM
DATE: November 24,2014
TO: William B. Welstead,Director of Aviation
FROM: David Cooke, City Manager
CC: Fernando Costa,Assistant City Manager
SUBJECT: Delegation of Approval Authority
To facilitate operational efficiencies within the City of Fort Worth's Aviation Department, I am
hereby designating William Welstead, by this memorandum, and pursuant to the powers and
duties granted to me by the Charter of the City of Fort Worth, as acting Assistant City Manager
for the limited and sole purpose of executing the following types of documents and any
amendments or addenda thereto:
L Month-to-Month leases (e.g., Administration Building, T-Hangar, Community Hangar)
(approximately 25-35 per year);
2. Annual Leases (e.g., Administration Building, T-Hangar, Community Hangar)
(approximately 12-20 per year);
3. Agreements with the Federal Aviation Administration (FAA) for access to FAA-owned
and-operated navigation equipment on airports(approximately 4 per year);
4. Agreements with the Texas Commission on Environmental Quality (TCEQ) for air
monitoring on airport property(1 every 5 years);
5. Documents from airport tenants that do not obligate the City to terms and conditions and
where no funds are expended(e.g., Obligee Riders) (approximately 5 per year).
6. Fixed Base Operator (FBO), Self-fueling and Operator permits issued by the Aviation
Department(approximately 30 per year).
This designation shall be effective on the above-stated date. I or any future City Manager has the
absolute right to terminate this designation, in whole or in part, for any reason whatsoever. This
designation does not include any duties, obligations, rights to acting pay or other compensation,
benefits,or other privileges of an Assistant City Manager.
I, or any other Assistant City Manager whom I may designate, will continue to have the authority
to execute the above-stated documents or any amendments or addenda related thereto as
authorized by the Charter and the Code of the City of Fort Worth.
If you have questions regarding the specific authority delegated herein,please contact me at your
convenience.
y
A
' November 24,2014
Page 2 of 2
Da Cooke
Ci Manager
Recommended by: Approved as to Form and Legality:
Fernando Costa Charlene Sanders
Assistant City Manager Assistant City Attorney