HomeMy WebLinkAboutContract 53771 CITY SECRETARY
CONTRACT NO. 53-771
ALLIANCE AIRPORT ACCESS PERMIT
This ALLIANCE AIRPORT ACCESS PERMIT (this "PERMIT") is executed between the City
of Fort Worth, Texas (the "CITY") and Airborne Tactical Advantage Company, LLC (the
"LESSEE").
WHEREAS,the City is the owner of Fort Worth Alliance Airport; and
WHEREAS, the Lessee owns the real property (the "PROPERTY") described on Exhibit A
attached hereto; and
WHEREAS, on May 17, 1988, the City enacted the Fort Worth Alliance Airport Access
Ordinance (Ordinance No. 10113) (the "Access Ordinance")providing for, among other things, a
permit for access to and use of the airport facilities; and
WHEREAS, on May 9, 2006, the City amended the Fort Worth Alliance Airport Access
Ordinance (Ordinance No. 1 693 1-05-2006) (the "Access Ordinance") to create aircraft user
categories and adjust fees to be paid; and
WHEREAS, the Lessee desires that a permit for access to and use of Alliance Airport and its
related improvement and facilities be issued by the Director as a real property right appurtenant
to the Property for the benefit of Property Users;
WHEREAS,the Property is an Off-Airport Parcel; and
WHEREAS,the Lessee has designated 126,431 square feet of the Property as an Access Area as
shown on the survey plat attached hereto as Exhibit B and
WHEREAS, the Director has determined that the Lessee has fully complied with the terms and
conditions of the Access Ordinance including all safety and operational rules and regulations
applicable to the Airport;
WHEREAS,the Director has inspected the Access Area; and
WHEREAS,the Director has the authority to issue this Permit.
NOW THEREFORE, in accordance with Section 3-284 of the Access Ordinance,the Director
hereby issues this Permit as follows:
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OFFICOAL RECUkU
COTS'SECRETARY
FT. WORTH, TX
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1. DEFINITIONS
"Access Area" shall have the same meaning as in the Access Ordinance.
"Access Taxiway"shall have the same meaning as in the Access Ordinance.
"Airport" means the "Airport" (as defined in the Access Ordinance) together with all
Access Taxiways.
"Date of Issuance"means the date this Permit is executed by the Director.
"Director" means the Director of Airport Systems for the City of Fort Worth, Texas,
or any successor designated by the City Council of the City.
"Effective Date" means the date on which any Property User first uses any taxiway
constructed in accordance with this Permit and the Access Ordinance to obtain access
to and use of the taxiways or the runway on the Airport.
"FAA" means the Federal Aviation Administration of the United States Department
of Transportation, or its successor agency.
"Fee" shall have the same meaning as in the Access Ordinance.
"Off-Airport Parcel"shall have the same meaning as in the Access Ordinance.
"Off-Airport User" shall have the same meaning as in the Access Ordinance.
"Property User"means the Lessee as an Off-Airport User of the Property.
2. GRANT OF PERMIT RIGHTS
Upon the Date of Issuance, subject to the payment of all applicable fees specified in the
Access Ordinance and Section 3 of this Permit, the City grants to Lessee, access to the
Airport under the terms and conditions specified in the Access Ordinance.
The rights granted by the Permit shall not be exercised, however, by any Property User until
the initial fee has been paid as provided in Section 3 below.
3. PERMIT FEES
In consideration of the rights granted by this Permit, Lessee agrees to pay an initial annual
fee in the amount of$7,800.00 for that portion of the Property designated on Exhibit B as the
Access Area ("Permit Fee"). In accordance with the Access Ordinance, the Permit Fee shall
be charged on the City's fiscal year basis (October 1 through September 30) and shall be
prorated for any partial year during which the Lessee's Permit is effective. The Permit Fee
will be due and payable on or prior to the Effective Date. Lessee will be billed for the Permit
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Fee each year based on the then current schedule of rates and charges which are updated and
published by the City annually in accordance with the Access Ordinance. No other Permit
Fee or fees will be charged for the exercise by Lessee or any Property User of the rights
granted by this Permit.
4. TERM OF PERMIT RIGHTS
The rights granted by this Permit are created upon the Date of Issuance and constitute rights
appurtenant to and running with the Property. Except as provided in Section 3-284(d) of the
Access Ordinance, rights granted by this Permit shall be irrevocable and shall continue for so
long as the Airport is used for airport purposes, notwithstanding any subsequent repeal or
modification of the Access Ordinance.
5. RESERVED
6. GENERAL PROVISIONS
a. Taxiways Constructed by Governmental Entities: If any Property User is a
governmental entity that is prohibited by applicable law from dedicating fee title
to a taxiway constructed by such entity, the City agrees that such entity may
dedicate such lesser interest (e.g. an easement or license) as is permitted by
applicable law. In such event, the other rights and duties of the parties with
respect to such taxiway shall be the same as if there had been a dedication of fee
title.
b. Notice: Any notice required or permitted to be given under this Permit shall be
given in writing and shall be personally delivered or mailed by prepaid certified
or registered mail to such party at the following addresses:
CITY:
Director of Airport
Aviation Department
4201 N.Main Street, Suite 200
Fort Worth, Texas 76106-2736
ALLIANCE AIRPORT:
Alliance Air Services
Attention:President
2221 Alliance Blvd., Suite 100
Fort Worth,Texas 76177
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LESSEE:
Airborne Tactical Advantage Company, LLC
Attn: Dennis Rieke, VP
By mail:
1102 Tradewind Dr.,Fort Worth, TX 76117
By courier or personal delivery:
1102 Tradewind Dr.,Fort Worth, TX 76117
With copy to
Pat Lucas, Sr. Contracts Specialist
1001 Providence Blvd.
Newport News,VA 23602
Any notice shall be deemed to have been given (whether actually received or not)
on the day personally delivered or, if mailed as aforesaid, five days after the day it
is mailed. Any party may add additional Property Users who will be entitled to
receive notice under this Permit by giving notice to all other parties of such
addition in the manner set forth herein. Any party may change its address for
notice by giving all other parties notice of such change in the manner set forth
herein not later than 10 days before the effective date of such new address.
c. Non Exclusivity: It is understood and agreed that nothing in the Permit is intended
or shall be construed as granting any exclusive rights.
d. Quiet Enjoyment: The City agrees that Property Users shall be entitled to the
peaceable and quiet enjoyment and exercise of the rights granted herein; provided,
however, that this entitlement shall not be construed to prohibit City from
performing maintenance to Airport property which may interfere with Lessee's or
a Property Users use thereof.
e. Modification: Except as provided in Section 3-284(d) of the Access Ordinance,
the provisions of this Permit and the rights herein granted cannot be terminated or
modified except by written agreement of the parties hereto.
f. Binding Effect: This Permit and the rights herein granted shall be binding upon
inure to the benefit of the parties hereto, their successors and assigns, and all
current and future Property Users.
g. Choice of Law: This Permit shall be construed and interpreted in accordance with
applicable federal law and the laws of the State of Texas to the extent they do not
conflict with federal law. Venue for any legal action arising out of this contract
will by in Tarrant County,Texas.
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h. Severability: Every covenant contained in the Permit is separate and independent.
If any covenant, or any provision or right related thereto, is determined to be
invalid or unenforceable, the remainder of this Permit will be unaffected and will
be as valid and enforceable as if the invalid or unenforceable covenant,provision,
or right had never been contained herein.
i. Counterparts: Any Property User may execute and record a counterpart of this
Permit.
j. Lessee agrees that it and any Property User claiming access under this Permit,
will at all times abide by all terms and conditions of the Access Ordinance, a copy
of which is attached hereto as Exhibit C and incorporated herein for all purposes,
as that ordinance exists now or is hereafter modified by the Fort Worth City
Council. Failure to comply with the provisions of this Permit or the attached
Access Ordinance may lead to revocation of this Permit, pursuant to Section 3-
284(d)if the Access Ordinance.
[Signatures on following pages]
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LESSEE:
Airborne Tactical Adv e Company, LLC
By
Name: ~f,�., u►s. f<t�:1c
Title: v'P A`+-K C
STATE OF TEXAS §
COUNTY OF �JM(to §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared PLrltiin Q,_i V-L ,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
Airborne Tactical Advantage Company, LLC and that he executed the same as the act of Airborne
Tactical Advantage Company, LLC for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3Cfb day of
11OJ Ch ,2020.
�c• D"',
CHMSTINA CAREY
Notary ID k126205104
My Commission Expires
♦Tr oAugust 3, 2023
CITY OF FORTS WORTH:
(..L---
Name: d1a4 40 Coady
Title: As "/`l q er
STATE OF TEXAS §
COUNTY OFT� '—§
BEFORE ME, the undersigned auto ity, a Notary Public-in and for the State of
Texas, on this day personally appeared mown 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
2020.
N44 VubVc, SQe of Texas
MARY I KAYSER
�wNotary public, State of Texas
APPROVBD AS TO FORM AND LEGALITY. z cor-nm, Explres 01-1 t-202t
Notary ID 3896065
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sA,6y }a°mil • ° ...'�`f Y��� r.
UFrNUAL RECORLD
CITY SECRETARY
7 FT WORTH,TX
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.
Barbra Godwin
r .2r
Title
OFFICIAL.RECORD
CITY SECRETARY
FT WORTH,TX
ALLIANCE AIRPORT ACCESS PERMIT
Airborne Tactical Advantage Company,LLC
Insert list for exhibits relating to Access Ordinance:
• Exhibit A- Property overview outlining property bounders and showing property
layout(buildings,ramps and facilities)
• Exhibit B-Legal Description and land plat/county survey.Including acreage
setbacks, easements and any other pertinent information pertaining to the official
survey.
• Exhibit C-Approved copy of Article VII:Fort Worth Alliance Airport Access
Ordinance
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Fort Worth,TX Code of Ordinances Exhibit C
ARTICLE VII: FORT WORTH ALLIANCE AIRPORT ACCESS
Editor's note:
Ord. 16931, § 1, adopted May 9, 2006, amended Art. VII in its entirety to read as herein set out. Prior to inclusion of said
ordinance, Art. VII pertained to similar subject matter. See also the Code Comparative Table.
§ 3-280 SHORT TITLE.
This article shall be known and may be cited as the "Foil Worth Alliance Airport Access Ordinance."
(Ord. 16931,§ 1,passed 5-9-2006)
§ 3-281 DEFINITIONS.
The following terms as used in this article shall have the following meanings.
ACCESSAREA. That portion of an off-airport parcel that is designated by the off-airport user of that parcel as the only area of
such parcel in which aircraft may be maneuvered,stored,repaired,operated or otherwise permitted,except for aircraft in the process
of original manufacture,which will be permitted on any part of such parcel until the original manufacturing process for such aircraft
has been completed. The access area shall not include any part of an access taxiway.
ACCESS TAXIWAY. An aircraft taxiway located on property other than the airport that connects into a taxiway on the airport and
that is constructed for the purpose of allowing aircraft to taxi between the airport and off-airport parcels.
i
AFFILIATE. A person or entity owning an interest in an off-airport parcel.
AIRPORT. The area of land known as the Fort Worth Alliance Airport which is designated and set aside for aviation related
activities and which is to be used in the interest of the public for such purpose.
CITY. The City of Fort Worth,Texas.
FAA. The Federal Aviation Administration.
OFF AIRPORT PARCEL. Any tract of land not located on the airport that abuts or is adjacent to or will abut or be adjacent to an
access taxiway as such may exist from time to time.
OFF-AIRPORT USER. An owner or user(or its affiliate) of an off-airport parcel who desires to operate aircraft directly between
its off-airport parcel and the airport. An OFF-AIRPORT USER shall be one of the following.
(1) AIR CARRIER OR LARGE AIRCRAFT USER. An owner or operator of aircraft over 80,000 pounds maximum certified
gross landed weight("MCGLW")used for providing commercial or noncommercial aviation services.
(2) GENERAL AVIATION OR SMALL AIRCRAFT USER. An owner or operator of aircraft less than 80,000 pounds
MCGLW used for providing commercial or noncommercial aviation services.
(Ord. 16931, § 1,passed 5-9-2006)
§ 3-282 ACCESS RIGHT.
(a) Access to the airport is granted to off-airport users,subject to the terms and conditions of this article and of the access permit
granted to each off-airport user,as provided in§ 3-284 of this article,(the "access right"). The access granted shall be for the purpose
of allowing the off-airport user to conduct aviation related activities and aircraft operations on the access area of its off-airport parcel,
so that it will have unobstructed access to airport taxiways leading to runways,for the purpose of maneuvering,taking off and landing
of aircraft. The access right granted is irrevocable and shall be in force and effect so long as the airport is used for airport purposes.
(b) The city shall execute a written grant,in the form of the attached Exhibit"A"granting and establishing this access right as a
property right appurtenant to off-airport parcels (the "access grant"). The city manager is authorized and directed to execute and
record in the deed records of Tarrant and Denton Counties,Texas,an access grant covering off-airport parcels,when requested to do
so by the owner or user of the parcel.
(Ord. 16931,§ 1,passed 5-9-2006)
Editor:s note:
Exhibit "A"to Ord. 10113 is not included herein but is kept on file and available for inspection at the office of the city
clerk.
§ 3 283 OFF-AIRPORT PARCEL USES; ACCESS AREA; ACCESS TAXIWAYS; PROHIBITED USES.
(a) Each off-airport parcel may contain an access area,as defined in§ 3-281 of this article, The access area shall be separated
from the remainder of the off airport parcel by a wall,fence or other physical barrier. The city or any other regulatory authority
responsible for operation and safety of the airport shall have the right to enter the access area to inspect or perform other regulatory
requirements. All safety and operational rules and regulations (hereinafter "regulations")applicable to the airport shall be applicable to
access areas.No rules or regulations of the city shall affect the access right,other than this article and the regulations.
(b) An off-airport user may construct access taxiways to connect its-parcel with airport taxiways. The number,exact location and
configuration of the access taxiways will be determined from time to time by the off-airport users,subject to the approval of the city
and the FAA;provided,however,the off-airport users shall be afforded maximum flexibility as to the number,location and
configuration of the access taxiways subject only to limitations imposed by reason of operational safety and efficiency considerations
as determined by the city and the FAA. Access taxiways will be available for use by off-airport users on off-airport parcels abutting
any portion of such taxiways, it being the intent of the city to maximize the number of off-airport users that can take advantage of the
access right. Plans and specifications for taxiways shall be approved by city prior to construction,and taxiways shall be designed and
constructed to meet the same standards of taxiway construction as those for airport taxiways. Off-airport users shall plat access
taxiways according to state statutes and city procedures for platting; provided,however,that simultaneous platting of the property
adjacent to such taxiways shall not be required.
(c) After completion of construction,inspection and approval by city,any portion of the access taxiways located on airport property
shall be dedicated to the city and shall be maintained by city. The city shall maintain any dedicated portion of the access taxiway and
related lighting in accordance with commercial aviation standards for maintenance of public taxiways.
(d) (1) Fixed-based operators ('TBOs")will be operated only on the airport.No business offering to the general public FBO
services will operate on an off-airport parcel. Services offered by FBOs to the general public are: maintenance and repair of aircraft;
aircraft storage; inspection and licensing of aircraft;sale of miscellaneous aircraft parts,equipment and accessories; flight training for
small general aviation aircraft; and sale of fuel.
(2) Notwithstanding the above,an off-airport user is not precluded from conducting aviation uses on an off-airport parcel which.
a. Support the off-airport user's own aircraft(i.e.,storage corporate flight department,maintenance and self-fueling); or
b. Are associated with an off-airport user's aviation related business of manufacturing of or performing major repairs and
modifications on aircraft or aircraft parts and components.
(3) Except as specifically referenced above,an off-airport parcel may be used for any lawful purpose,subject to applicable
zoning regulations.
(Ord. 16931, § 1,passed 5-9-2006)
§ 3-284 ACCESS PERMIT.
(a) Application;granting of permit. Any off-airport user who desires access to the airport from an off-airport parcel shall apply
to the city's director or his or her designated representative for an access permit. The off-airport user shall deliver to the director or his
or her designated representative a survey plat of the access area,including a computation of the size of the access area in square
footage,on that user's off-airport parcel. The director or his or her designated representative shall promptly inspect such access area.
(b) Conditions for granting; access permit granted. If the survey plat and access area comply with terms and conditions of this
article and the regulations,the director or his or her designated representative shall issue an access permit. The granting of the access
permit shall entitle the holder to commence using the access right granted in§ 3-282. The permit shall continue for an indefinite period,
unless surrendered by the holder or revoked by the director or his or her designated representative.
(c) Contents of permit; amendment of permit. The access permit shall specify the size of the access area and the initial fee to be
charged pursuant to § 3-285 of this division. An off-airport user shall have the right to change the access area on its off-airport parcel
from time to time provided that such user notes the director or his or her designated representative of such change,and provides a
new survey of the revised access area,and applies for an access permit for such revised access area,which permit shall be issued if
such revised access area complies with the provision of this article and the regulations.
(d) Revocation; reinstatement.
(1) The director may revoke the access permit of any off-airport user who either:
a. Fails to pay its applicable fee or otherwise to comply with any provision of this article or the regulations,with such failure not
being corrected within 20 days after written notice thereof is given by the director to such user;or
b. Fails to pay prior to delinquency,the lawfully assessed and levied city ad valorem taxes on its off-airport parcel.
(2) Any access permit that has been revoked shall be reinstated upon payment of such fee,the correction of any such
noncompliance or the payment of such taxes plus all penalties and interest,as applicable.
(e) Prohibition against unpermitted access;penalty. It shall be unlawful for any person to utilize an access right unless such
person holds a valid access permit. Violation of this provision shall constitute a misdemeanor and be punishable as provided in§ 1-6 of
this code.
(Ord. 16931, § 1,passed 5-9-2006)
§ 3-285 ACCESS PERMIT FEE; LANDING FEE; FUEL FLOWAGE FEE; TIME FOR PAYMENT; AMOUNT OF
FEE; ABATEMENT OF FEE; USE OF FEES BY CITY.
(a) At the time of issuance of an access permit pursuant to § 3-284,off-airport users shall be charged a permit fee (the "fee"or
"permit fee").No other fee shall be charged for use of the access right.
(1) Air carrier or large aircraft user. The fee for an air carrier or large aircraft user shall be at a fixed rate of$1,500 per
month with a minimum annual fee of$18,000 payable beginning on the effective date of such user's access permit and annually
thereafter for so long as such access permit remains effective. The fee shall be charged on a city fiscal year basis (October 1 through
September 30)and shall be prorated for any partial year during which such user's access permit is effective. The fee due by such user
shall be billed by the city not later than October 1 of the year for which such fee is due,and shall be due and payable not later than
November 1 of that year.
(2) General aviation or small aircraft user. The fee for a general aviation or small aircraft user shall be at a fixed rate of$500
per month with a minimum annual fee of$6,000 payable beginning on the effective date of such user's access permit and annually
thereafter for so long as such access permit remains effective. The fee shall be charged on a city fiscal year(October 1 through
September 30)and shall be prorated for any partial year during which such user's access permit is effective. The fee due by such user
shall be billed by the city not later than October 1 of the year for which such fee is due,and shall be due and payable not later than
November 1 of that year.
(b) In addition to the permit fee,an air carrier or large aircraft user will pay the landing fee as established by the then current
schedule of rates and charges published by the City of Fort Worth or as negotiated.
(c) In addition to the permit fee,a general aviation or small aircraft user will pay the standard fuel flowage fee as established by the
then current schedule of rates and charges published by the City of Fort Worth or as negotiated. The fuel flowage fee will be paid
directly to the City of Fort Worth if the general aviation or small aircraft user conducts self-fueling or by the approved public fuels
permitted agent in accordance with the airport minimum standards.
(d) All fees (whether permit fee,landing fees,fuel flowage fees or otherwise)are subject to adjustments from time to time as
established by the then current schedule of rates and charges published by the City of Fort Worth or as negotiated.
(e) All revenues generated from the airport,including,but not limited to,the fees from off-airport users,fuel flowage fees and
landing fees shall first be used by the city to operate and maintain the airport as a high quality,first class airport. Any excess funds
may be used for operations at other city-owned airports.
(Ord. 16931, § 1,passed 5-9-2006)