HomeMy WebLinkAboutContract 44089 (2)CITY SECRETARY CONTRACT40 r /tI n--
FORT WORTH MEACHAM INTERNATINAL AIRPORT
AIRCRAFT TIEDOWN LEASE AGREEMENT
(Month -to -Month)
This Aircraft Tiedown Lease Agreement ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized
under the laws of the State of Texas acting by and through Fernando Costa, its duly authorized
Assistant City Manager, and the undersigned Greatest General Aircraft ("Lessee"), more fully
identified in Section "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information")
attached hereto and incorporated herein by reference for all purposes.
1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of
Exhibit "A" ("Premises"). Lessee accepts the Premises in its present condition. Upon the
expiration or termination of this Lease, Lessee shall surrender the Premises to Lessor in the
same condition, subject to ordinary wear and tear.
2. The term of this Lease shall commence on the date indicated in Section E of Exhibit "A"
and will automatically renew on the first day of each subsequent month unless canceled by
either party by written notice provided to the other party not less than 30 days prior to the
effective date of such cancellation.
3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A".
The first month's rent is due on or before the effective date of this agreement. Thereafter,
monthly rental payments are due on or before the first day of each month. If this Lease
commences on a date other than the first 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.
B. 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.
C. Rent shall be considered past due if Lessor has not received full payment by the end of
the tenth day of the month in which payment is due. Lessee agrees to pay a late charge of
ten percent (1O%) of the monthly rental for each month in which rent is past due. A
separate computation and payment of such late charge shall be made for each monthly
installment that is past due. For example, if two monthly installments are past due, then two
separate late charges shall accrue, and so on.
4. Lessee may use the Premises only for parking of the aircraft described in Section B of
Exhibit "A" and for no other purpose without the prior written consent of the Director of
Aviation or authorized representative.
5. Lessee shall maintain the Premises in a good condition and keep the Premises free from
trash at all times. Lessee shall not store, dispose of, ojal w_to_standLanyrfuels, oils,
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Tiedown Lease Agreement
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01-22-1 3 Al 0 : 05 IN
OFFICIAL RECORD
CITY SECRETARY
PT. 'iOR7G;9TS
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solvents or other hazardous material on the Premises Lessee shall not conduct or permit
any action or activity that constitutes a nuisance interferes with the use of any airport
property by other tenants, or disturbs or endangers the general public m any way.
6. Lessor shall have the right to the Premises at any time in order to inspect or repair the
Premises, or to perform repairs or maintenance to other airport property.
7. 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, use, occupancy, existence or location of the Premises,
whether oI not caused, in whole or in part, by alleged negligence of Lessor, its officers,
agents, servants, employees, contractors, subcontractors, licensees or invitees Lessee
covenants and agrees to, and does hereby, indemnify, hold harmless and defend Lessor, its
officers, agents, servants and employees from and against any and all claims or lawsuits for
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 m connection with the use of the
airport under this Lease or with the leasing, use, occupancy, existence or location of the
Premises, whether or not caused, in whole or in part, by alleged negligence of Lessor, its
officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees.
Lessee assumes all responsibility and agrees to pay Lessor for any and all injury or damage
to Lessor's property which arises out of or in connection with any and all acts or omissions
of Lessee, its officers, agents, employees, contractors, subcontractors, licensees, invitees, or
trespassers, whether or not caused, in whole or in part, by alleged negligence of Lessor,
its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees.
8. A. The following events shall constitute events of default by Lessee under this Lease:
(1) Lessee's failure to pay any installment of rent within 10 days following the date that
payment was due;
(2) Lessee's failure to comply with any term, provision or covenant of this Lease, other
than the payment of rent, within 15 days following receipt of written notice from
Lessor to cure such failure; or
(3) Lessee's abandonment or vacation of the Premises.
B. Upon the occurrence of any such events of default, Lessor shall have the option to
terminate this Lease without further notice to Lessee. Upon termination Lessor shall have
the right to take full possession of the Premises, by force if necessary, and to remove any
party remaining on the Premises without being liable for trespass or for any other reason
which may stem from Lessor's termination or assertion of its right to terminate. In the event
of termination, Lessee agrees to pay Lessor on demand the amount of all loss or damage
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Page 2 of 6
that Lessor may suffer by reason of such teiluination.
9. Lessor shall at all times have a lien on all aircraft and any other property located on the
Premises Lessee covenants and agrees that it will not remove from the Premises any such
aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of
money to which Lessor is at the time, entitled under the tends of this Lease. Upon the
occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it,
either herein or by law, including Lessor's right to the demised Premises, take possession of
the aircraft and any other property situated on the Premises and, after providing Lessee with
five days' (5) written notice, sell the same at public or private sale In this event, Lessor will
apply proceeds from such sale, less any and all expenses incurred by Lessor in the
possession or sale of the property, as a credit against any sums due by Lessee to Lessor.
Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith.
Alternatively, Lessor may foreclose upon its lien on Lessee's aircraft and other property on
the Premises as provided by law Lessee acknowledges that such lien is supplementary to
any statutory lien for rent that Lessor may also have.
10. This Lease shall be governed by the laws of the State of Texas. 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.
11. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in
Section B of Exhibit 'A."
12. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease. Any attempted assignment of this Lease shall be null and
void.
13. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and
regulations established by Lessor.
14. If any provision of this Lease is subsequently 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.
15. This written instrument contains the entire understanding and agreement between Lessor
and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null
and void.
[Signature Pages Follow]
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IN WITNESS
on this the L*Uayof
EREOF, the parties hereto have executed this Agreement in multiples
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: 06 h3
STATE OF TEXAS
COUNTY OF TARRANT
, 2013.
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 �jp day
aira. el, , 2013.
•
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10,2013
ji
IS •
APPROVED AS TO FORM
AND LEGALITY:
By: / Fitt, C-7(4ti��v,.
Charlene Sanders
Assistant City Attorney
M&C: None Required
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Page 4 of 6
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•
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1#a. fr,t ElY
otary Public in and 'or the State of Texas
ATTEST:
By:
Mary J. ser
City Secretary
OFFICIAL itECORfD
FT. WORTH, TX I
CITY SECRETARY
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1JJKSSIKE: ATTIF:STo
GREATEST GENERATI N AIRCRAle
By: yam`
nes Ten ytunder
Date: / c% GP6i,"
STATE OF TEXAS §
COUNTY OFee-Tei it iki er--
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared James Terry, 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 Greatest
Generation Aircraft and that he executed the same as the act of Greatest Generation Aircraft for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
51-nivit , 2013.
011uIl JONNIE RENEE' HUITT
='•
•' I'_- Notary Public, State of Texas
ea
�. :�I My Commission Expires
May 20, 2014
Enna
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b is in and for the S
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tate Notary Pti,uof Texas
day
EXHIBIT "A"
AIRCRAFT TIEDOWN LEASE AGREEMENT INFORMATION
A. Lessee Name: Greatest Generation Aircraft Contact: James Terry
Address: P.O. Box 1753 City: Joshua State: TX Zip: 76053
Phone #: 817-659-9249 Email; greatestgeneration(aiyahoo com
Business (if applicable): Greatest Generation Aircraft
Address: P.O. Box 1753 City: Joshua State: TX Zip: 76053
Phone #: 817-517-4407
Fax #. N/A
In case of emergency
Contact Name: James Terry
Phone* 817-517-4407
B. Aircraft: Douglas DC-3
Make: DC-3
Tail#: 87745
Color: Green
C. Tie Down Site: Southeast of Runway 16/34 - Meacham Ramp (see attached diagram)
D. Rental: $ 250.00
E. Start Date: January. 1, 2013
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per month
TieDown Space en Greatest GefleicatiOfl_Aircraft
I filliDS ace - Greatest Generanon Awcraft
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