HomeMy WebLinkAboutContract 43841 (2)CITY SECRETARY
CONTRACTNO0. t7)
FORT WORTH SPINKS AIRPORT
HANGAR SPACE LEASE AGREEMENT
COMMUNITY HANGAR 29
(MONTH -TO -MONTH)
This HANGAR SPACE 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 ERIC HAUPTMAN ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property hereinafter referred to as
Community Hangar 29 ("Premises") at Fort Worth Spinks Airport ("Airport") and
depicted on Exhibit "A" attached hereto and hereby made part of this lease in Fort
Worth, Tarrant County, Texas, Hereinafter referred to as ("Premises").
2. TERM OF LEASE.
This Lease shall operate on a month -to -month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (1st) day of each month
unless terminated by either party. In order to terminate this Agreement, a party must
provide the other party with written notice of its intent to terminate not less than thirty
(30) days prior to the effective date of such termination.
3. RENT.
3.1. Rent under Initial Term.
Lessee shall pay Lessor as monthly rent for the Premises the sum of One Hundred
Ninety Dollars and 00/00 ($190.00). Rental rates under this Lease are based on
Lessor's published Schedule of Rates and Charges in effect as of the Effective
Date of this Lease. In the event that this Lease commences on a day other than the
first (1st) 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.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 1 of 13
OFFICIAL RECORD
CITY SECRETARY
Firn WORTH, TX
3.2 Rent During Renewal Terms.
Rental rates for each Renewal Tenn shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same
time
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first (1st) day
of each month. Payments must be received durmg normal working hours by the
due date at the location for Lessor's Aviation Department as set forth in Section
18. Rent shall be considered past due if Lessor has not received full payment after
the (loth) day of the month for which payment is due Lessor will assess a late
penalty charge of ten percent (10%) per month on top of the entire month's rent
for each month in which rent is past due.
4. MAINTENANCE AND REPAIRS.
4.1. Maintenance and Repairs by Lessor.
Lessor agrees to perform minor repairs and maintenance on a timely basis
as required by the ordinary use of the Premises under the terms of this Lease and
which are not caused by any violation thereof by Lessee Lessor shall have the
right and privilege, through its officers, agents, servants or employees to inspect
the Premises at any time If Lessor determines that Lessee is responsible for any
maintenance or repairs required on the Premises, it shall notify Lessee in writing.
Lessee agrees to undertake such maintenance or repair work within thirty
(30) calendar days of receipt of notice. If Lessee fails to undertake the
maintenance or repairs recommended within this time, Lessor may, in its
discretion, perform the necessary maintenance or repairs on behalf of Lessee In
this event, Lessee will reimburse Lessor for the cost of the maintenance or repairs
and payment will be due on the date of Lessee's next monthly rental payment
following completion of the repairs.
4.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer
any waste of the Premises Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in
the same condition as originally received, subject to ordinary wear and tear
consistent with normal use over time. Lessee is responsible for all damages
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 2 of 13
caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors subcontractors, patrons, licensees, invitees or trespassers.
4.3. Inspection.
Lessor, through its officers, agents, servants or employees reserves the right to
enter the Premises at any time in order to perform any and all duties or obligations
which Lessor is authorized or required to do under the terms of this Lease or to
perform its governmental duties under federal state or local rules, regulations and
laws (including, but not limited to, inspections under applicable Health,
Mechanical, Building, Electrical, Plumbing, and Fire Codes, or other health,
safety and general welfare regulations) Lessee will permit the Fire Marshal of the
City of Fort Worth or his agents to make inspection of the Premises at any time,
and Lessee will comply with all recommendations made to Lessee by the Fire
Marshal or his agents to bring the Premises into compliance with the City of Fort
Worth Fire Code and Building Code provisions regarding fire safety as such
provisions exist or may hereafter be added or amended Lessee shall maintain in a
proper condition accessible fire extinguishers of a number and type approved by
Fire Underwriters for the particular hazard involved Lessor shall provide Lessee
with advance notice of inspection when reasonable under the circumstances.
5. ACCEPTANCE OF PREMISES.
5.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos -containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos -containing materials exist on the Premises to the extent
identified in Lessor's Level II Asbestos Assessment Report dated October 12,
1992, a public document on file in Lessor's City Secretary's Office and
incorporated herein by reference for all purposes Lessee covenants and agrees to
comply with all federal, state and local laws and regulations, now in existence
or promulgated in the future, which pertain to asbestos containing materials.
Lessee covenants and agrees to cooperate fully with any asbestos abatement
activity plan or asbestos operations and maintenance plan set forth by Lessor.
Lessee further covenants and agrees to notify and obtain written approval from
Lessor prior to Lessee's undertaking of any repairs, renovations, alterations or
improvements to the Premises or of any other activity, which might disturb
asbestos -containing materials Lessee agrees that it shall be solely responsible for
all expenses of such activities Lessor retains the right to perform or cause to be
performed air sampling on the Premises to check for the presence of airborne
asbestos fibers Lessee agrees to allow Lessor full access to the Premises to
perform such tests Lessor will make the results of any such tests available
to Lessee at Lessee's request.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 3 of 13
5.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully advised
of its own rights without reliance upon any representation made by Lessor
concerning the condition of the Premises Lessee accepts the Premises in its
present condition as satisfactory for all purposes set forth in this Lease.
6. CONSTRUCTION AND IMPROVEMENTS.
Lessee may not undertake or allow any party to undertake any kind of alteration erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writmg approval from the Airport Systems Director or authorized
representative. All such approved construction work on and improvements to the
Premises shall comply fully with the Americans with Disabilities Act of 1990, as
amended.
7. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Airport Systems Director or
authorized representative.
8. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation -related
commercial activities. It is specifically agreed and stipulated that the following
concessions are prohibited under this Lease, unless specifically approved by the Airport
Systems Director or authorized representative (i) ground transportation for hire; (ii)
motor vehicle rental, including taxi and limousine service; (iii) food sales; (iv) barber and
valet services; (v) alcoholic beverage sales, and (vi) aviation -related sales of pilot
supplies.
9. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport Systems
Director or authorized representative, create, install and maintain signs in the Terminal
mdicating Lessee's business. Such signs, however, must be in keeping with the size,
color, location and manner of display of other signs throughout the Terminal In addition,
Lessee may, at its own expense, make, install and mamtain a sign outside the Terminal on
Lessor's property subject to prior written approval by the Airport Systems Director or
authorized representative as to the sign's placement, appearance, construction, and
conformity with applicable City Code restrictions
Lessee shall maintain all signs in a safe, neat sightly and physically good condition
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 4 of 13
resulting from the installation, maintenance or removal of any such sign Lessee also
agrees to remove any sign at its own expense immediately upon receipt of instructions for
such removal from the Airport Systems Director or authorized representative.
10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. All fixtures and items permanently attached to any structure on the Premises
belong to Lessor, and any additions or alterations made thereon, shall immediately
become the property of Lessor.
10.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the nght to prevent Lessee from erecting or permitting to be erected any building
or other structure which, in the opinion of Lessor, would limit the usefulness of
the Airport, constitute a hazard to aircraft or diminish the capability of existing or
future avigational or navigational aids used at the Airport.
10.3. Lessor reserves the night to close temporarily the Airport or any of its facilities
for maintenance, improvements, safety or security of either the Airport or the
public, or for any other cause deemed necessary by Lessor. In this event, Lessor
shall in no way be liable for any damages asserted by Lessee, including but not
limited to, damages from an alleged disruption of Lessee's business operations.
10.4. This Lease shall be subordinate to the provisions of any existing or future
agreement between Lessor and the United States Government which relates to the
operation or maintenance of the Airport and is required as a condition for the
expenditure of federal funds for the development, maintenance or repair of
Airport infrastructure.
10.5. During any war or national emergency, Lessor shall have the night to lease any
part of the Airport including its landing area, to the United States Government
In this event, any provisions of this instrument which are inconsistent with the
provisions of the lease to the Government shall be suspended Lessor shall not be
liable for any loss or damages alleged by Lessee as a result of this action
However, nothing in this Lease shall prevent Lessee from pursuing any rights it
may have for reimbursement from the United States Government.
10.6. Lessor covenants and agrees that during the term of this Lease it will operate
and maintain the Airport and its facilities as a public airport consistent with and
pursuant to the Sponsor's Assurances given by Lessor to the United States
Government through the Federal Airport Act and Lessee agrees that this Lease
and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 5 of 13
11. INSURANCE
11.1. Types of Coverage and Limits.
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 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 any approved
construction, improvements, modifications or renovations on or to the Premises
and for personal property of Lessee or in Lessee's care, custody or control.
11.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages are subject to change at Lessor's option,
and Lessee will accordingly comply with such new requirements within thirty (30)
days following notice to Lessee.
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter 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, on demand,
provide Lessor with evidence that it has maintained such coverage in full force
and effect.
11.4. Additional Requirements.
Lessee shall maintain its insurance with insurers authorized to do business in the
State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee'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, nonrenewal or amendment, shall be made without thirty
(30) days' prior written notice to Lessor. The Lessee is responsible for notifying
the City of any change to its insurance coverage that amends or alters the coverage
required by this Lease.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 6 of 13
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative
or employee of Lessor. Lessee shall have the exclusive right to control the details of its
operations and activities on the Premises and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors,
patrons, licensees and invitees. Lessee acknowledges that the doctrine of
respondeat superior shall not apply as between Lessor and Lessee, its officers, agents,
employees, contractors and subcontractors Lessee further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between Lessor and
Lessee.
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF
THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO LESSEE'S BUSINESS AND 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 RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY
AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF
OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES CONTRACTORS, SUBCONTRACTORS,
LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 7 of 13
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH
CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR..
14. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
15. TERMINATION.
Upon termination 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 and to remove any and all parties remaining on any part of the Premises without further
legal process and without being liable for trespass or any other claim Lessor shall also have the
right to remove any and all fixtures or equipment that may be found within or upon the Premises
without being liable therefor Lessee agrees that it will assert no claim of any kind against
Lessor, its agents, servants, employees or representatives which may stem from
Lessor's termination of the Lease or any act incident to Lessor's assertion of its right to terminate.
16. NOTICES
Notices required pursuant to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants
or representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as
follows:
To LESSOR:
City of Fort Worth
Aviation Depai lhnent
4201 N. Main St., Suite 200
Fort Worth, Texas 76106-2736
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 8 of 13
To LESSEE:
Eric Hauptman
P.O. Box 1204
Grandview, Texas 76050
17. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lessor. Any
such transaction attempted by Lessee without prior written consent by Lessor shall be null
and void If Lessor consents to any such transaction, the respective assignee or sublessee
shall consent to comply in Writing with all terms and conditions set forth in this Lease the
same as if that party had originally executed this Lease.
18. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost
and expense, shall liquidate and discharge the same within thirty (30) days of such
creation or filing. Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessor may terminate this Lease immediately
However, Lessee's financial obligation to Lessor to liquidate and discharge such lien shall
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
19. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
20. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
the Premises and Lessee immediately shall remove from the Premises any person
engaging in such unlawful activities. Unlawful use of the Premises by Lessee itself shall
constitute an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Airport Systems Director; and
all rules and regulations adopted by the City Council pertaining to the conduct required at
airports owned and operated by the City, as such laws, ordinances, rules and regulations
exist or may hereafter be amended or adopted. If Lessor notifies Lessee or any of its
officers, agents employees, contractors, subcontractors, licensees or invitees of any
violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist
from and correct the violation.
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 9 of 13
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall
be excluded from participation in or denied the benefits of Lessee's use of the Premises
on the basis of race, color, national origin religion, disability, sex, sexual orientation,
transgender, gender identity or gender expression Lessee further agrees for itself,
its personal representatives successors in interest and assigns that no person shall be
excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin,
religion, disablitly, sex, sexual orientation, transgender, gender identity or gender
expression
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 mterest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and peiniits
necessary for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this
Lease or to exercise any right granted herem shall not constitute a waiver of Lessor's right
to insist upon appropriate performance or to assert any such right on any future occasion.
27. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this Lease or by Lessee's operations on the Premises, venue for such action shall lie in
state courts in Tarrant County, Texas, or the United States District Court for the Northern
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 10 of 13
District of Texas, Fort Worth Division This Lease shall be construed in accordance with
the laws of the State of Texas.
28. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and
either party should retain attorneys or incur other expenses for the collection of rent, fees
or charges, or the enforcement of perfoiivance or observances of any covenant, obligation
or agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys' fees.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired
30. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligations as set forth m this Lease, but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
31. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
32. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
[Signature pages follow
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 11 of 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the day of AW,yJN"-- , 2012.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: /0/31/12.
•
STATE OF TEXAS
COUNTY OF TARRANT §
di
_,
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 day
Mli .
i
MAtt Y
�eyll -
*.
•z
. %\ • -
•14
.0;Plod•. r
s4e/L. , 2012.
I II IS. J+ .d.. . I i •I a.■ ,r Y
ale
t
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
- I'. 5 as -
APPROVED AS TO FORM
AND LEGALITY:
By: (2t14PC1
Charlene Sanders
Assistant City Attorney
M&C: None Required
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 12 of 13
Notary Public in and�'or the State of Notary Public in and or the State of Texas
ATTEST:
By:
Mary J.
City Sec
ry
oa0000Qttp , A �
OFFICIAL RECORD
CITY SECRETARY
F7'. WORTH, TX
LESSEE: ATTEST:
ERIC HAUPTMAN
By: _6/L
Eric Hauptman, ndividual
Date: / Cr ,
STATE OF TFXAS
COUNTY OF §
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Eric Hauptman, 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 Eric
Hauptman and that she executed the same as the act of Eric Hauptman for the purposes and
consideration therein expressed and in the capacity therein stated.
G EN UNDER MY HAND AND SEAL OF OFFICE this
o,2012.
BETH BOWMAN
NOt$ty Public
STATE OF TEXAS
2016
M Comm, bp.._, 12,..
Hangar Space Month -to -Month
with City of Fort Worth & Eric Hauptman
Page 13 of 13
day
7 Lcrr
Notary Public in and for the State o ex a
FORT WORTH STINKS AIRPORT
Exhibit "A" Community Hangar #29
=Closed Storage
8
Mechanical
Room
Open Storage
8
Exhibit "B"
City of Fort Worth
Aviation Insurance Requirements
Category of l enant &/or r
Operations Property Insurance) General Liability
FBOs
Flight Training
Air Taxi
Specialized Com. Flight
Serv.
100/891111101.11011
Auto
E'al
Impairment ...
Yes $ 3,000,000.00 I $ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
Aerial Applications $
Aircraft Sales * $
Aircraft Rental
Airframe or Power Plant
Repair
Radio, Instrument or
Propeller Repair
Multiple Services
Flying Clubs
Commercial Tenant
Commercial Tenant
Sublessee
Mo. - Mo. Airport Tenant;
sm. premises area,
infrequent access by
others (no aircraft)
Hangar Tenant
(private sm aircraft)
Fuel Facilities: Trucks
Fuel Facilities: Tank Farm
Concessionaire:
Restaurant
Concessionaire:
Rent -a -car
Concessionaire:
Retail Shop
1
*
*
No
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
1,000,000.00 $ 1,000,000.00
1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 1,000,000.00 $ 1,000,000.00
$ 500,000.00 $ 500,000.00
No $ 300,000.00
No No
N/A N/A $
Yes $ 1,000,000.00 $
$ 1,000,000.00 $
No $ 1,000,000.00 $
No $ 500,000.00
No
No
No
Aircraft Liability
N/A
Small: 1M Large:
5M
Small: 1M Large:
5M
Small: 1M Large:
5M
Small: 1M Large:
1,000,000.00 5M
Small: 1M Large:
No 5M
Small: 1M Large:
No 5M
No
No
No No
No As Applicable
Small: 1M Large:
No 5M
No
No
No No
As Applicable
As Applicable
No No $
1,000,000.00 $ 1,000,000.00
1,000,000.00 $ 1,000,000_00
1,000,000.00
1,000,000.00
No
No
No
300,000
No
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
Hangarkeepers
Liability
3,000,000.00
No
No
No
No
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
As Applicable
N/A
No
No
No
No
No
No
No
No
No
aviationinsreg2001