HomeMy WebLinkAboutContract 38004-R1 (2)FORT WORTH MEACHAM INTERNATIONAL AIIWORT
AIRPORT ACCESS AGREEMENT
VINTAGE FLYING MUSEUM, INC.
505 NW 39 ' STREET
FORT WORTH, TEXAS 76106
This AIRPORT ACCESS AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH ("Grantor"), a home rule municipal corporation
organized under the laws of the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and VINTAGE FLYING MUSEUM, INC ("Grantee"), a
Texas corporation acting by and through Charlyn R. Hospers, its duly authorized President.
RECITALS:
WHEREAS, on or about October 21, 2008, Vintage Flying Museum, Inc. entered into
City Secretary Contract ("CSC") No. 38004, an Airport Access Agreement, ("Previous
Agreement") at Fort Worth Meacham International Airport ("Airport"), and
WHEREAS, CSC No. 38004 had a term through November 22, 2011 and currently is on
a month -to -month holdover; and
WHEREAS, The Federal Aviation Administration's ("FAA") Grant Assurance 24
requires a federally grant funded airport to maintain a fee and rental structure for facilities or
services at the Airport which will make the Airport as self-sustaining as possible; and
WHEREAS, The FAA Compliance Manual states that the Airport should be charging a
fair and reasonable rate to all aeronautical users of the airport; and
WHEREAS, Grantee has requested, and Grantor has agreed, to execute a new airport
access agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
obligations contained herein, the parties agree as follows:
1. PREMISES.
1.1. Points of Access.
Grantor grants Grantee access to and from the Airport through Airport Gate 37
("Gate")identified on Exhibit "A" attached hereto.
RECEIV�O MAR �'� 2014
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1.2. Method of Access.
Grantor shall place a lock on the Gate and provide a key to the Grantee. The Grantee
is prohibited from duplicating or attempting to duplicate this key,
1.3. Gate Responsibility.
Grantee shall be responsible for the upkeep and maintenance of the Gate.
2. TERM OF AGREEMENT.
The term of the Agreement ("Initial Term") shall commence at 12:00 a.m. on March 1,
2014 ("Effective Date") and expire at 11:59 P.M. on February 28, 2019, unless
terminated earlier as provided herein.
3. ACCESS FEE.
Grantee shall pay to Grantor an annual access fee of $0.32 per square foot of space
identified as 54,537.12 square feet of ground space on Exhibit "B" from which direct
access to the Airport is granted.
4. SPECIAL CONDITIONS CONCERNING ACCESS FEE.
Grantee covenants and agrees that it will maintain its certification as anon -profit
organization pursuant to 26 U.S.C. §501(c)(3). As long as Grantee maintains its 9501(c)(3)
status, the Grantor, in consideration of the Grantee's non-profit status, shall assess the
access fee at a Discount ('Discount") of the per square foot rate, which shall be $0.10 per
square foot, payable in monthly installments of $454.48, for an annual rate of $5,453.71.
If such certification is not maintained during the term of this agreement, the Discount shall
cease and Grantee will be liable for the full access fee beginning on the date the §501(c)(3}
revocation is effective, at the ground rate of the then -current rates prescribed by the
Grantor's published Schedule of Rates and Charges. Alternatively, should the non-profit
certification be revoked, Grantor, at its discretion, may terminate this agreement
immediately.
5. ADJUSTMENTS TO ACCESS FEE.
The access fee under this Agreement is based on Grantor's current published Schedule of
Rates and Charges. The access fee is subject to an increase beginning October 1, 2014,
and on October 1st of any subsequent year during the Initial Term and any Renewal
Terms, to reflect any upward change, if any, in the Consumer Price Index for the
Dallas/Fort Worth Metropolitan Area, as announced by the United States Department of
Labor or successor agency (i) for the first increase, since the Effective Date of this
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Agreement and (ii) for each subsequent increase, since the effective date of the last
increase; provided, however, that Grantee's access fee shall not exceed the then -current
rates prescribed by Grantor's published Schedule of Rates and Charges.
Monthly access fee payments are due on or before the first (lst) day of each month.
Payments must be received during normal working hours by the due date at the location
for Grantor's Revenue Office set forth in Section 16. The access fee shall be considered
past due if Grantor has not received full payment after the tenth (loth) day of the month
for which payment is due. Without limiting Grantor's termination rights as provided by
this Agreement, Grantor will assess a late penalty charge of ten percent (10%) per month
on the entire balance of any overdue access fee that Grantee may accrue.
'7. USE OF PRENIISES.
7.1. Grantee agrees to use the Gate exclusively for ingress and egress to and from the
Airport for aircraft traffic registered to or in association with the Grantee, via the
public taxiways identified on Exhibit "A". Further, Grantee is to use the Gate
exclusively for its non-profit aeronautical museum operations. Commercial
aeronautical operations are strictly prohibited.
7.2. Unauthorized pedestrian and vehicular traffic is prohibited; authorized pedest�iarr
and vehicle traffic shall only include pilots, passengers, aircraft towing vehicles and
aircraft handling personnel. All pedestrians and vehicles will remain off of the
Airport Movement Area at all times unless escorted by Airport staff.
7.3. Transient operators are prohibited from operating on the Premises.
7.4. Grantee is prohibited from any self -fueling activities, to include fueling and fuel
storage on the Premises.
7.5. Grantor shall have the discretion to waive requirements as set forth in this Section 7,
as necessary to accommodate Grantee's participation in non-profit, educational
fund-raising, historic aeronautical events. Grantee shall submit such requests in
writing to Grantor and Grantor shall provide a response within a reasonable amount
of time.
8. MAINTENANCE.
8.1. Grantee agrees to keep the Premises and Gate in a good, clean and sanitary
condition at all times.
8.2. Grantee agrees to keep the ingress/egress area free of obstructions. Grantor agrees to
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provide unimpeded access to the airfield via the public taxiways, as identified on
Exhibit "A".
9. INSPECTIONS.
9.1. Grantor shall have the right and privilege through its officers, agents, servants or
employees, to inspect the Premises and Gate. Except in the event of an
emergency, Grantor shall conduct such inspections during Grantee's ordinary
business hours and shall use its best efforts to provide Grantee at least two (2)
hours' notice prior to any inspection.
9.2. If Grantor determines during an inspection of the Premises and Gate that Grantee
is responsible under this Agreement for any maintenance or repairs, Grantor shall
notify Grantee in writing. Grantee agrees to begin such maintenance or repair
work diligently within thirty (30) calendar days following receipt of such notice
and to then complete such maintenance or repair work within a reasonable time,
considering the nature of the work to be done. If Grantee fails to begin the
recommended maintenance or repairs within such time or fails to complete the
maintenance or repairs within a reasonable time, Grantor may, in its discretion,
perform such maintenance or repairs on behalf of Grantee. In this event, Grantee
will reimburse Grantor for the cost of the maintenance or repairs, and such
reimbursement will be due on the date of Grantee's next monthly rent payment
tuuvvdiirg corirprcrrvu of sue iiraiirwucuiv.4.MC� or repairs.
9.3. During any inspection, Grantor may perform any obligations that Grantor is
authorized or required to perform under the terms of this Agreement or pursuant
to its governmental duties under federal state or local laws, rules or regulations.
10. RIGHTS AND RESERVATIONS OF GRANTOR.
Grantor hereby retains the following rights and reservations:
10.1. Grantor 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 Grantee from erecting or permitting to be erected any building
or other structure which, in the opinion of Grantor, 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.
10.2. Grantor reserves the right to develop and improve the Airport as it sees fit,
regardless of the desires or view of Grantee, and without interference or hindrance
by or on behalf of Grantee. Accordingly, nothing contained in this Agreement
shall be construed to obligate Grantor to relocate Grantee as a result of any such
Airport developments or improvements.
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1° 0.3. This Agreemertof any existing or future
Government,agreement beorween (.4antor and the 11.1nited States
the operation or Mamtenance of the Gate d is required as a condition
expendituredevelopment, maintenance or •aof
Airport infrastructure. In the event that any such existing or future agreement
•irectly causes a materl'al restriction, irapainnent or
primary- . period of less than seven
•. days,Agreement
Limitationothan seven andGrantor
negotiate in good faith to resolve or of •
Grantee and Grantor are in • .• • - of
Limitation,the * ,. and one hundred eighty
provides(180) days, then for such period (1) C rantee may suspend the payment of any
access fee(s) due hereunder but only if Grantee first • proof to
Grantor that the Limitation has directly cwc6ed Grantee a material loss in. revenue,
to ordinaryGrantori, and preserve
improvementsand its conditiori. as they existed on
Limitation comrnenced, and (iii.) the term, of this Agreement shall be extended, at
oppidon, for a period equal
Agreement,Limitation lasts more than one. hundred eighty (180) days, then (i) Grantor and
Grantee may, but shall not be required to, a) further adjust the payment of access
fees and other charges, (b) renegotiate -maintenance responsibilities and (c) extend
the term of this ii) Grantee may terminate this Agreement upon
thirty (30) • .ys' wfitten notice to Grantor,
1�m4® During arty �-ar or national elrlergency, Grantor 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 Agreement to the Government shall be suspended. Grantor shall
not be liable for any loss or damages alleged by Grantee as a result of this action.
However, nothing in this Agreement shall prevent Grantee from pursuing any
rights it may have for reimbursement from the United States Government. If any
Agreement between Grantor and the United States Government executed pursuant
to this Section 9.4 directly causes a Limitation for a period of less than seven (7)
calendar days, this Agreement shall continue in full force and effect. If the
Limitation lasts more than seven (7) calendar days, Grantee and Grantor shall
negotiate in good faith to resolve or mitigate the effect of the Limitation. If
Grantee and Grantor are in good faith unable to resolve or mitigate the effect of
the Limitation, and the Limitation lasts between seven (7) and one hundred eighty
(180) days, then for such period (i) Grantee may suspend the payment of any
access fee(s) due hereunder, but only if Grantee first provides adequate proof to
Grantor that the Limitation has directly caused Grantee a material loss in revenue;
(ii) subject to ordinary wear and tear, Grantor shall maintain and preserve the Gate
and its improvements in tYhe same condition as they existed on the date such
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Limitation commenced; and (iii) the term of this Agreement shall be extended, at
Grantee's option, for a period equal to the duration of such Limitation. If the
Limitation lasts more than one hundred eighty (180) days, then (i) Grantor and
Grantee may, but shall not be required to, (a) further adjust the payment of access
fee and other charges, (b) renegotiate maintenance responsibilities and (c) extend
the term of this Agreement, or (ii) Grantee may terminate this Agreement upon
thirty (30) days' written notice to Grantor.
10.5. Grantor covenants and agrees that during the term of this Agreement it will
operate and maintain the Gate and its facilities as a public airport consistent with
and pursuant to the Sponsor's Assurances given by Grantor to the United States
Government through the Federal Airport Act, and Grantee agrees that this
Agreement and Grantee's rights and privileges hereunder shall be subordinate to
the Sponsor's Assurances,
10.6. Grantee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights -of -way granted by Grantor for the installation,
maintenance, inspection, repair or removal of facilities owned or operated, by
electric, gas, water, sewer, communication or other utility companies. Grantee's
rights shall additionally be subject to all rights granted by any ordinance or statute
which allows utility companies to use publicly -owned property for the provision
of utility services.
10.7. Grantor agrees Grantee shall have the right of ingress and egress to and from the
Airport through the Gate via the public taxiways for aircraft including access
during the construction phase of airport improvements, unless otherwise agreed to
in writing by both parties. Such rights shall be consistent with the rules and
regulations with respect to the occupancy and use of airport premises as adopted
from time to time by the City of Fort Worth and by the Federal Aviation
Administration or any other state, federal or local authority.
10.8. Grantor reserves the right to exclude Grantee access to the airfield during special
events and emergency circumstances.
10.9. Grantor reserves the right cancel this agreement at its own discretion.
11. INSURANCE.
Grantee 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, its Officers,
Employees and Volunteers as an additional insured and covering all public risks related to
the leasing, use, occupancy, maintenance, existence or location of the Premises. Grantee
shall obtain the required insurance in accordance with Exhibit "C", the "City of Fort
Worth Aviation Insurance Requirements" attached hereto and made part of this
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Agreement for all purposes.
In addition, Grantee 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 Grantor's option and as
necessary to cover Grantee's operations at the Airport. Grantee will accordingly
comply with such new requirements within thirty (30) days following notice to
Grantee.
11.2. Certificates.
As a condition precedent to the effectiveness of this Agreement, Grantee shall
furnish Grantor 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. Grantee hereby covenants and agrees that not
less than thirty (30) days prior to the expiration of any insurance policy required
hereunder, it shall provide Grantor with a new or renewal certificate of insurance.
u^ add�t�'on, C artee sh 11, at Gra':tor'0 request, provide r,raynt TTAth PXndPncP
that it has maintained such coverage in full force and effect.
11.3. Additional Requirements.
Grantee shall maintain its insurance with underwriters authorized to do business
in the State of Texas and which are satisfactory to Grantor. The policy or policies
of insurance shall be endorsed to cover all of Grantee's operations at the Airport,
to grant additional insured status to the City, its Officers, Employees and
Volunteers, and to provide that no material changes in coverage, including, but
not limited to, cancellation, termination, non -renewal or amendment, shall be
made without thirty (30) days' prior written notice to Grantor. Grantee shall be
responsible for notifying the City of any change to its insurance coverage that
amends or alters that coverage required by this Agreement.
12. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Grantee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative
or employee of Grantor. Grantee 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,
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licensees and invitees. Grantee acknowledges that the doctrine of respondeat superior shall
not apply as between Grantor and Grantee, its officers, agents, employees, contractors and
subcontractors. Grantee further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between Grantor and Grantee.
GRANTEE 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 AGREEMENT
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
GRANTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
GRANTEE COVENANTS AND AGREES TO, AND DOES TD THE EXTENT
ALLOWED BY LAW, WITHOUT WAIVING ANY DEFENSES PROVIDED BY
LAW, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND
GRANTOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND
AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO GRANTEE'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 AGREEMENT
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
GRANTOR, ITS OFFICERS AGENTS, SERVANTS OR EMPLOYEES.
GRANTEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PA Y GRANTOR
FOR ANY AND ALL INJURY OR DAMAGE TO GRANTOR'S PROPERTY WHICH
ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR
OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES EXCEPT TO
THE EXTENT CAUSED BY THE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF GRANTOR, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
GRANTOR DOES NOT GUARANTEE POLICE PROTECTION TD GRANTEE OR
THEIR PROPERTY. GRANTOR IS OBLIGATED ONLY TO PROVIDE SECURITY
ADEQUATE TO MAINTAIN GRANTOR'S CERTIFICATION UNDER FAA
REGULATIONS. GRANTEE SHALL COMPLY WITH ALL APPLICABLE
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REGULATIONS OF THE FAA RELATING TO AIRPORT SECURITY. GRANTEE
SHALL PAY ALL FINES IMPOSED BY THE FAA ON GRANTOR OR GRANTEE
RESULTING FROM GRANTEE'S FAILURE TO COMPLY WITH SUCH FAA
REGULATIONS OR TO PREVENT UNAUTHORIZED PERSONS OR PARTIES
FROM THEIR OBTAINING ACCESS TO THE AIR OPERATIONS AREA OF THE
AIRPORT FROM THE PREMISES.
14. WAIVER OF CHARITABLE IlVIlV1iTNITY OR EXEMPTION.
If Grantee, 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, Grantee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Grantor.
15. ASSIGNMENT AND SUBLETTING.
Grantee may not sell, convey, transfer, or assign this agreement or any interest in this
agreement
16. TERA�NATION.
In addition to any termination rights provided herein, this Agreement may be terminated as
fnl 1 n�z�c
16.1. By Either Party.
Grantor or Grantee may terminate this Agreement 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.
16.2. Airport Development.
In the event that Grantor requires the Gate (i) as part of its plans to further develop
the Airport or (ii) for the convenience of the public's use of the Airport, as
determined by Grantor, Grantor may terminate this Agreement by providing Grantee
with written notice not less than 30 days prior to the effective date of such
termination.
Failure to Pay Access Fee.
If Grantee fails to pay the access fee in accordance with Section 6, the Gate will be
rendered inoperable to the Grantee and Grantor shall provide Grantee with a written
statement of the amount due. The Gate shall be re -opened after Grantee cures the
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past due balance. If Grantee fails to pay the full past due amount within 30 days,
Grantor shall have the right to terminate this Agreement immediately.
16.4. Breach or Default by Grantee.
If Grantee commits any breach or default under this Agreement, other than a failure
to pay the access fee, Grantor shall deliver to Grantee a written notice specifying the
nature of such breach or default. Grantee shall have thirty (30) calendar days
following notice to cure, adjust or correct the problem to the satisfaction of Grantor.
If Grantee fails to cure the breach, default or failure within the time period
prescribed, Grantor shall have the right to terminate this Agreement immediately.
16.5. Grantee's Financial Ohli�ations to Grantor upon Termination, Breach or
Default.
If Grantor terminates this Agreement for any non-payment of the access fee or
other charges or for any other breach or default as provided in Sections 15.3 or
15.4 of this Agreement, Grantee shall be liable for and shall pay to Grantor all
access fees due Grantor for the remainder of the term then in effect as well as all
arrearages of access fees and charges payable hereunder. In no event shall a
reentry onto the Airport by Grantor be construed as an election by Grantor to
forfeit any of its rights under this Agreement.
16.5. Rights of Grantor ITpon Termination or Expiration.
Upon termination or expiration of this Agreement, all rights, powers and privileges
granted to Grantee hereunder shall cease and the Grantor shall secure the Gate
permanently.
NOTICES.
Notices required pursuant to the provisions of this Agreement 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 GRANTOR:
City of Fort Worth
Aviation Department
4201 North Main Street, Ste. 200
Fort Worth, Texas 76106-2736
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TO GRANTEE:
Vintage Flying Museum, Inc.
P.O. Box 820099
Fort Worth, Texas 76182
17. ASSIGNMENT AND SUBLETTING.
Grantee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Agreement. Any such transaction attempted by Grantee shall be
null and void.
18. LIENS BY GRANTEE.
Grantee 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 access property or interest in
the property of Grantor. If any such purported lien is created or filed, Grantee, at its sole
cost and expense, shall liquidate and discharge the same within thirty (30) days of such
creation or filing. Grantee's failure to discharge any such purported lien shall constitute a
breach of this Agreement and Grantor may terminate this Agreement immediately.
However, Grantee's financial obligation to Grantor to liquidate and discharge such lien shall
continue in effect following termination of this Agreement and until such a time as the lien
is discharged.
19. TAXES AND ASSESSMENTS.
Grantee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Grantee due to Grantee's use or occupancy of the Premises or any
i11p1ovi`e1ts or grope. y placed on the Premises by raritee as a result ` "0 occupancy.
20. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Grantee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Grantee 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 Grantee immediately shall remove from the Premises any person engaging
in such unlawful activities. Unlawful use of the Premises by Grantee itself shall constitute
n immediate breach of this Agreement.
Grantee agrees to comply with all federal, state and local laws; all ordinances, n11es and
regulations of Grantor; all rules and regulations established by the 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 Grantor notifies Grantee or any of its officers,
agents, employees, contractors, subcontractors, licensees or invitees of any violation of
such laws, ordinances, rules or regulations, Grantee shall immediately desist from and
correct the violation.
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2t. NON-DISCRIlVIINATION COVENANT.
Grantee, 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 Grantee's use of the
Airport on the basis of race, color, national origin, religion, disability, sex, sexual
orientation, transgender, gender identity or gender expression. Grantee 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, disability, sex, sexual orientation, transgender, gender identity or gender
expression.
Grantee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Grantee 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
Grantee, its personal representatives, successors in interest or assigns, Grantee agrees to
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22. LICENSES AND PERMITS.
Grantee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business at the Airport.
23. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the Grantor does not waive
or surrender any of its governmental powers.
24. NO WAIVER
The failure of Grantor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of Grantor's
right to insist upon appropriate performance or to assert any such right on any future
occasion.
25. VENUE AND JURISDICITON.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
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Agreement or by Grantee'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 Agreement shall be construed in accordance
with the laws of the State of Texas.
In the event there should be a breach or default under any provision of this Agreement
and either parry should retain attorneys or incur other expenses for the collection of the
access fee or other charges, or the enforcement of performance or observances of any
covenant, obligation or agreement, Grantor and Grantee agree that each party shall be
responsible for its own attorneys' fees.
27. SEVERABILITY.
If any provision of this Agreement 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.
28. FORCE MAJEURE.
Grantor and Grantee shall exercise every reasonable effort to meet their respective
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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, transportation problems and/or any other cause beyond
the reasonable control of the Grantor or Grantee.
29. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the
entity. Each party is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
30. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
Vintage Flying Museum
Airport Access Agreement
Fort Worth Meacham Airport
Page 13 of 15
31. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Grantor and Grantee, 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 in
conflict with any provisions of this Agreement. The terms and conditions of this
Agreement shall not be amended unless agreed to in writing by both parties and approved
by the City Council of Grantor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
on this the. lam day of �Y �N , 2014.
CITY OF FORT WORTH:
IIm LPL -.___FA Ir
- - -
Fernando Costa
Assistant City Manager
Date:�7//4
STATE OF TEXAS §
COUNTY OF TARRANT �
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 49<0saL day
:oh )2014. A
Vintage Flying Museum
Airport Access Agreement
Fort Worth Meacham Airport
Page 14 of 15
r
Public in and for the State of Texas
p pANIELS
Notary Public, State of Texas
MYCom July 1�0, 2017 Tres
APPROVED AS TO FORM
AND LEGALITY.
Charlene Sanders
Assistant City Attorney
M&C: C. z1 f& Y 7
Date:
GRANTEE:
VINTAGE FLYING MUSEUM, INC.
By:
Charlyn R. Hospers
President
STATE OF TEXAS §
COUNTY OF Ti�i/L,��}N 1 §
ATTEST:
ATTEST:
By:
ary J. earyv,,,fM
City Secr
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Charlyn R. Hospers, 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
VINTAGE FLYING MUSEUM, INC. and that s/he executed the same as the act of VINTAGE
FLYING MUSEUM, INC. for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this (o iL4 day
, 2014.
CHRISTIE MARIE DAVID
Notary Public, State of Texas
My Commission Expires
March 18, 2014
V"intage Flying Museum
AItPOrt Access AgrfemEnt
Fort Worth Meacham Airport
Page 15 of 15
Notary Public in and for the State of Texas
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R� PRQPI�R'!�Y a�u�RTP'1'IQN
A parcel of land being all of Lots 7 and 8, and a portion of Lots 6, 9 and 11 through 15, Block 5,
Washington Heights Addition according to plat recorded in Volume 204, Page 72, Plat Records
of Tarrant County, Texas, and being a portion of that certain tract of land described in the
Distribution Deed to The Hospers Family Trust recorded at Instrument Number D212263367
Deed Records of Tarrant County, Texas and being more particularly described by metes and
bounds as follows:
Beginning at a 5/8" iron rod set with a red plastic cap stamped "CITY OF FT. WORTH
SURVEY DIVISION' (all 5/8" iron rods set so capped unless otherwise noted) at the northeast
corner of herein described parcel from which a 1/2" iron rod found at the northeast corner of Lot
20 of said Block 5 bears EAST 15.0 feet and further NORTH 245.47 feet;
Thence: South 00 degrees 17 minutes 48 seconds West, 226.00 feet to a 5/8" iron rod set at the
southeast corner of herein described parcel,
Theme. North 89 rlegrePc 42 miniitec 12 ce�nnrlc Wect 4Q.OQ feet to a mark "X" tilt in �nnrrete�
Thence: North 00 degrees 17 minutes 48 seconds East, 35.00 feet to a point lying inside of a
metal hangar;
Thence: North 89 degrees 42 minutes 12 seconds West, 199.00 feet to a point lying inside of a
metal hangar and lying on the east right -of --way line of Von Avenue. (55.0 R.O.W. per plat),
Thence: with said right -of --way line, SOUTH 35.00 feet to a mark "X" cut in concrete;
Thence: North 89 degrees Al minutes 12 seconds West, 55.00 feet to a "cotton spindle" set in
asphalt lying on the west right -of --way line of said Von Avenue.;
Thence: with said right -of --way line, NORTH 226.00 feet to a "cotton spindle" set in asphalt at
the northwest corner of herein described parcel;
Thence: South 89 degrees 42 minutes 12 seconds East, 55.0 feet to a mark "X" cut in concrete
lying on the east right -of --way line of said Von Avenue.;
Thence: with said right -of --way line, SOUTH 25.00 feet to a point lying inside of a metal hangar;
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SIIRVEYING �JERVIGES
T1iE Cry - or Fo�xr "Mill * $8S1 Camp B(m a B1v sf + Fowl WOR7ll, Teats 7G11G
817 3924925 FAx 817-3924895
Thence: South 89 degrees 42 minutes 12 seconds East, 199.87 feet to a point lying inside of a
metal hangar;
Thence: North 00 degrees 17 minutes 48 seconds East, 25.00 feet to a 5/8" iron rod set;
Thence: South 89 degrees 42 minutes 12 seconds East, 40.00 feet to the Place of Beginning,
containing 1.252 acres of land.
Surveyed on the ground in December of 2013 and January of 2014.
Basis of bearings: The south right -of --way line of NW 38 St. monumented on the ground as
shown on Map of Survey.
Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of
Procedures and Practices, 663.19(9), this "report" consists of the hereon real property
description, and a Map of Survey being attached herewith.
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SURVEYING SERVIfiES
T»� Crr� oFFaur �Vour�i * 885i Camp $o�vie Blvd `itect + Four Waxa•Ii, TE:1ais 7G11G
8113924925 FAx 817-3924893
c" HOSPERS FAMILY TRUST o
o INST #D212263368
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WASHINGTON HEIGHTS
ADDITION
4 VOL. 204, PG. 7
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INST #D212263367
D.R.,T.C.,T.
MAP OF SURVEY
SHOWING
IE VINTAGE FLYING MUSEUM
T P A CF CTTP CTTTT A TFTI TN
STREET CLOSED
BY ORD# 4239
BLOCK 14
2
L6 S 89°42'12" E
L7 SOU TH
L8 N 00*17'48" E
L9 S 89'42'12" E
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WASHINGTON HEM
-, ADDITION
VOL. 204, PG. 72
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(55.0' R.O.W. PER PLAT)
1/2"IRF (BEARING BASE)
YYYY
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Bearing Base: N.T.S.
Map Prepared by Steve R. Cisneros C.S.T. 111(
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VOL. 204, PG. 72
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Bearing Base: N.T.S.
Map Prepared by Steve R. Cisneros C.S.T. 111(
City of Fort Worth
Aviation Insurance Requirements
ategory of tenant wor
Environmental
riangarkeepers
Operations
Property Insurance
General Liability
Auto
Impairment
Aircraft Liability
Liability
FBOs
Yes
$ 30000,000.00
$ 110009000.00
$ 1,000,000.00
N/A
$ 37000,000.00
Small: 1 M Large:
Flight Training
$ 1,000,000.00
$ 11000,000400
No
5M
No
Small: 1 M Large:
Air Taxi
$ 1,000,000.00
$ 1,000,000.00
No
5M
No
Specialized Com. Flight
Small: I Large:
Serv.
$ 1,000,000.00
$ 11000,000,00
No
5M
Na
Small: 1 M Large:
Aerial Applications
*
$ 11000=0.00
$ 1,000,000.00
$ 1,000,000.00
5M
No
Small: 1 M Large:
Aircraft Sales
$ 120000000,00
$ 1,000,000.00
No
5M
$ 1,000,000.00
Small: 1 M large:
Aircraft Rental
*
$ 110009000,00
$ 1,000,000.00
No
5M
$ 11000,000000
Airframe or Power Plant
Repair
$ 1,000,000.00
$ 1,000,000.00
No
No
$ 1,000,000.00
Radio, Instrument or
Propeller Repair
*
$ 110000000400
$ 11000,000000
No
No
1 $ 1,000,000.00
Multiple Services
$ 11000,000400
$ 11000,000400
No
As Applicable
As Applicable
Small: 1 M Large:
Flying Clubs
$ 10000,000.00
$ 11000,000000
No
5M
N/A
Commercial Tenant
*
$ 1,000,000.00
$ 1,000,000.00
No
As Applicable
No
Commercial Tenant
Sublessee
No
$ 500,000.00
$ 5002000.00
No
As Applicable
No
Mo. - Mo. Airport Tenant;
sm. premises area,
infrequent access by
others (no aircraft)
No
$ 300,000.00
No
No
No
No
Hangar Tenant
(private sm. aircraft)
No
No
No
No
$ 300,000
No
Fuel Facilities: Trucks
N/A
N/A
$ 1,000,000.00
$ i,000,000.00
No
No
Fuel Facilities: Tank Farm
Yes
$ 1,000,000400
$ 1,000,000.00
$ 11000,000600
No
No
Concessionaire:
Restaurant
$ 11000,000,00
$ 1,000,000.00
No
No
No
Concessionaire:
Rent -a -car
No
$ 1,000,000.00
$ 1,000,000.00
No
No
No
Concessionaire:
Retail Shop
No Is
500,000.00
No
No
No
No
* Depends on the terms of the lease agreement
Property Insurance requirement depends on the lease agreement. Coverage should be replacement cost basis
Liability coverage's are to include products and completed operation. The policy should be written on an occurrence basis
Hangarkeepers Liability is maintained according to typical exposure
aviationinsreg2001
• • •
• � � • • i �
COUNCIL ACTION::: Approved on 3/4/2014
DATE: Tuesday, March 04, 2014
LOG NAME: 55FTW VFM ACCESS AGREE
REFERENCE NO.: �*C-26689
SUBJECT:
Authorize Execution of an Airport Access Agreement with Vintage Flying Museum, Inc., for Access to Fort
Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Access Agreement with Vintage
Flying Museum, Inc., for access to Fort Worth Meacham International Airport.
DISCUSSION:
On November 2, 1993, (M&C C-14074) the City Council authorized the execution of an Airport Access
Agreement, City Secretary Contract (CSC) No. 20036 at Fort Worth Meacham International Airport
(Meacham) with Vintage Flying Museum, Inc. (VFM) in order for VFM, located off airport property, to have
airside airport access. The term of the Agreement was fora 10 year period, with a Right of First Refusal
for an additional five year term. This term was approved by City Council on March 11, 2004 (M&C L-
13774). CSC No. 20036 expired on November 22, 2008.
On October 21, 2008, (M&C C-23139) the City Council authorized the execution of a new airport access
Agreement for athree-year term effective November 23, 2008 through November 22, 2011, known as
CSC No. 38004. Since November 23, 2011, VFM has been on a month -to -month holdover status.
The Aviation Department received a request from VFM to execute a new airport access Agreement. The
term of the new Agreement will be for five years, effective March 1, 2014 through February 28,
2019. Staff is in favor of this request and feels this partnership will be beneficial for Meacham and VFM in
preserving America's flying heritage and contributing to the aviation community as well as the community
at large.
This off -airport site consists of 54,537.12 square feet of direct airport access. For the accessibility that this
property has to the airport, the access fee would be based on the ground rate of $0.32 per square foot, as
per the current Schedule of Rates and Charges. VFM covenants and agrees that it will maintain its
certification as anon -profit organization, pursuant to 26 U.S.C. 501(c)(3). As long as the 501(c)(3) status
is maintained, the ground rate will be assessed at a discounted rate of $0.10 per square foot. The total
revenue received from this Agreement will be $5,453.71 per year or $454.48 per month. Rental rates
shall be subject to an increase on October 1 of any given year, based on the upward percentage change
in the Consumer Price Index for the Dallas/Fort Worth Metropolitan area. At no time, however, will the
adjusted rate exceed that which is in the Schedule of Rates and Charges in effect at that time.
The property is located in COUNCIL DISTRICT 2, Mapsco 48X.
FISCAL INFORMATION /CERTIFICATION:
Logname: SSFTW VFM ACCESS AGREE Page 1 of 2
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
PE40 491090 0551101
CERTIFICATIONS:
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
5 453.71
FROM Fund/Account/Centers
Fernando Costa (6122)
Bill Welstead (5402)
Jonnie Huitt (5409)
ATTACHMENTS
1. 55FTW VFM ACCESS AGREE Exhibit.pdf (Public)
Logname: SSFTW VFM ACCESS AGREE Page 2 of 2