HomeMy WebLinkAboutContract 51503 CITY SECRETARY
CC�J RACr No. 15 3
ORT WORTH MEACHAM INTERNATIONAL AIRPORT
T-HANGAR LEASE AGREEMENT
(MONTH-TO-MONTH)
68L95 �
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 ARRIVE AVIATION, LLC ("Lessee"), acting by and through, THOMAS
RAMEY.
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 Meacham International Airport ("Airport") in Fort Worth, Tarrant
County,Texas:
1.1. T-Hangar 24S, Unit #S, as shown in Exhibit "A", attached hereto and hereby made a
part of this Lease for all purposes.
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 (1 st) 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 Five Dollars and 00/100 ($405.00). 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 (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
T-Hangar Lease Agreement
Between City of Fort Worth and Arrive Aviation,LLC. CITY SECRETARY
Page I of 12 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 (1 st) 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 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.
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Between City of Fort Worth and Arrive Aviation,LLC.
Page 2 of 12
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 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.
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Between City of Fort Worth and Arrive Aviation,LLC.
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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, 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 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.
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10.1. 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.
10.2 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.
10.3 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.
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 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, SERVANTS AND
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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 RESPONSIBILITYAND AGREES TO PAYLESSOR FOR ANY
AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICHARISES 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 INANY WAY DAMAGED;AND LESSEE
HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANYAND 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. 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.
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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 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 Arrive Aviation,LLC
Aviation Department Attention: Thomas Ramey
4201 North Main Street, Ste. 200 1413 Ems Road West
Fort Worth,Texas 76106 Fort Worth, Texas 76116
(682)351-8297
T-Hangar Lease Agreement
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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 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.
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Between City of Fort Worth and Arrive Aviation,LLC.
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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
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
T-Hangar Lease Agreement
Between City of Fort Worth and Arrive Aviation,LLC.
Page 9 of 12
located in Tarrant County, Texas, or the United States District Court for the Northern District of
Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the
State of Texas.
24. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and either
party should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys'
fees.
25. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
26. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations as
set forth in this Lease, but shall not be held liable for any delay in or omission of performance
due to force majeure or other causes beyond their reasonable control, including, but not limited
to, compliance with any government law, ordinance or regulation, acts of God, acts of omission,
fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other cause beyond the reasonable
control of the parties.
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.
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Between City of Fort Worth and Arrive Aviation,LLC.
Page 10 of 12
29. 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.
[Signature Pages Below]
T-Hangar Lease Agreement
Between City of Fort Worth and Arrive Aviation,LLC.
Page 11 of 12
I Pday
NESS HREOF, the parties hereto have executed this Agreement in multiples on
this the of 018.
CITY OF FORT WORTH:
By:
William Welstead
Aviation Director
Date: 19&ll e
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.
s'f"
IV N UNDER MY HAND AND SEAL OF OFFICE this C11 day of
2018.
ANNE MARIE STOWE
�1PR�POB�4
_a°' c: A arl
Notary Public, State of Texas
'. 'Q Comm. Expires 05-01-2022 Notary Public in and for the State of Texas
i9rF•..•SF+:
Notary ID 459765
APPROVED AS TO FORM OR ATTEST:
AND LEGALITY: 0�
By:
Thomas Royce Hansen, .. ary Ka s
Assistant City Attorney City Secr ry
M&C: None Required
OFFICIAL RECORD
T-Hangar Lease Agreement CITY SECRETARY
Between City of Fort Worth and Arrive Aviation,LLC.
Page 12 of 12 FT WORTH,TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and administration
of this co tract, including ensuring all performance and reporting requirements.
Leasin Coordinator
- j"r e '$�R�
Name Printed
LESSEE:
ARRIVE AVIATION, LLC
By;om4asRam
y
Date: �D
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 THOMAS RAMEY, 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
ARRIVE AVIATION, LLC and that s/he executed the same as the act of ARRIVE AVIATION,
LLC for the purposes and consideration therein expressed and in the capacity therein stated.
aeA
O� �- V, N UNDER MY HAND AND SEAL OF OFFICE thisOU day of
La U �� , 2018.
`���11��''' ANNE MARIE STOWE
�`1pRY pU9
=_° Notary Public, State of Texas Notary Public in and for the State of Texas
�: •'h�
y.,, ,••+Q\ Comm. Expires 05-Oi-2022
Notary ID 459765
OFFICIAL RECORD P
T-Hangar Lease Agreement
Between City of Fort Worth and Arrive Aviation,LLC CITY SECRETARY
Page 12 of 12 FT. WORTH TX
Meacham Airport T-Hangars
Exhibit A
4
W , E
PNICS
B S 43 2 1
10 9 0 7 6
-
ian�t 1-10 Dimensions: y "-
41' wide by 32 A'deep,-20'4"wide in the narrow area,
Clffice#A = 161 sgfi Office #B = 129 Kft
3
g 5 I 4
Unit 1-6 Dimensions:
41'wide by 32'deep, 207"wide in the narrow area
Office#A= 143 sq ft Office#B= 153 sq ft
- r-
AP
19S -
6 7 8 9 10
4 5
_ Units 1-10 Dimensions:
40'4"wide by 29'9"deep, 19'8"wide in the narrow area.
="'�` '• Office#A = 818 sq ft Office#C=440 sq ft
*.
- a
TWORTH
FoR41�
Awnrwn EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
Property
Commercial Hangarkeepers Environmental Aircraft and Passenger Automobile Liability (To
Category General ' Impairment LiabilitInclude Hired&Non-owned
Insurance Liability Liability Liability y Vehiclees)
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 $1,000,000 $ 1,000,000
Operator (Bench work Only) •5
Aircraft Rental or Flight Training •5 2 $1,000,000/occurtence
Operator •5 $1,000,000 $ 1,000,000
$100,000/passenger
Aircraft Charter or Aircraft 'S $5,000,000/occurrence
Management Operator •5 $1,000,000 $ 1,000,000
$500,000/passenger
s 7 $1,000,000/occurrence
Aircraft Sales Operator $1,000,000 $1,000,000 $ 1,000,000
•5
$100,000/passenger
•5 $1,000,000 $1,000,000
Aircraft Storage Operator
'5 $5,000,000 5 $5.400,040 s $ 1,000,000
Aviation Service Sole Proprietor '5 $1,000,000 2 $1,000,000/occurrence $ 250,000
$100,000/passenger
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 51,000,000 7 $300,000/occurrence $ 1,000,000
Non-Commercial Flying Club •s $10000007 $1,000,000/occurrence $ 1,000,000
$100.000/ assen er
Non-Commercial Self-Fueling •5
Permitee Jet Fuel and/or A as) $1,000,000 $1,400,000 $300,000/occurrence $ 1,000,000
Non-Commercial Self-Fueling 7
Permitee '5 $1,000,000 $500,000 $300,000/occurrence $ 250,000
Alternative Fuels e. .mo-gas)
Box Hangar,T-Hangar,Community •s $1,000,000 $300,000/occurrence $ 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
4 Only required for those providing flight instruction
5 Depends on terms of the lease agreement
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 speck 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 specked 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)
r .+
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:
1. 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.
_L
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