HomeMy WebLinkAboutContract 54599 VD CITY SECRETARY
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C�CCC{S ��AVC T-HANGAR LEASE AGREEMENT
(MONTH-TO-MONTH)
This T-HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated
in Tarrant County, Texas, acting by and through FERNANDO COSTA, its duly authorized
Assistant City Manager, and RAY DON NUNN("Lessee"), an individual.
In consideration of the mutual covenants,promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") at Fort Worth Spinks Airport("Airport")in Fort Worth,Tarrant County, Texas:
1.1. T-Hangar 25,located at 12617 Wildcat Way North.
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on October 1, 2020.
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 Durinj4 Initial Term.
Lessee hereby promises and agrees to pay Lessor as monthly rent for the Premises
the sum of Three Hundred Fifty Dollars and 00/100($350.00). The rental rates under this
Lease are based on Lessor's Schedule of Rates and Charges in effect as of the Effective Date
of this Lease. On the Effective Date of this Lease, Lessee shall pay the first and last months'
rent in advance. In the event that this Lease commences on a day other than the first (lst)
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
3.2 Rent During Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
T-Hangar Lease Agreement
Between City of Fort Worth and Ray Don Nunn 0FFq .ur,\iL pi q i {[)
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3.3. Payment Dates and Late Fees.
Monthly rental payments are due on or before the first (1st) day of each month.
Payments must be received during normal working hours by the due date at the location for
Lessor set forth in Section 15. Rent shall be considered past due if Lessor has not received
full payment after the (IOth) day of the month for which payment is due. Without limiting
Lessor's termination rights as provided by this Lease, Lessor will assess a late penalty
charge of ten percent(10%)per month on the entire balance of any overdue rent that Lessee
may accrue.
4. MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at
all times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent
disposal away from the Airport of all of Lessee's trash, garbage and refuse. Lessee covenants and
agrees that it will not make or suffer any waste of the Premises. Lessee will not pile or store boxes,
cartons, barrels or other similar items in a manner that is unsafe or unsightly. Lessee shall be
responsible for all damages caused by the negligence or misconduct of Lessee, its agents, servants,
employees, contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair or
otherwise cure all such damages at Lessee's sole cost and expense.
5. CONSTRUCTION AND EVIPROVEMENTS.
Lessee shall not undertake or allow any party to undertake any bind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and receives
in writing approval from the Airport Systems Director or authorized representative. All such
approved construction work on and improvements to the Premises shall fully comply with the
Americans with Disabilities Act of 1990,as amended.
6. INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Inspections.
Lessor, through its officers, agents, servants or employees,reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which Lessor
is authorized or required to do under the terms of this Lease or to perform its governmental
duties under federal, state or local rules, regulations and laws (including,but not limited to,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing and Fire
Codes or other health, safety and general welfare regulations). Lessor shall provide Lessee
with a combination lock. Lessor shall provide Lessee with advance notice of inspection
when reasonable under the circumstances.
Lessee will permit the Fire Marshall of the City of Fort Worth or his agents to make
inspection of the Premises at any time, and Lessee will comply with all recommendations
made to Lessee by the Fire Marshal or his agents to bring the Premises into compliance with
the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as
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Between City of Fort Worth and Ray Don Nunn
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such provisions exist or may hereafter be amended. Lessee shall maintain in a proper
condition accessible fire extinguisher of a number and type approved by fire underwriters
for the particular hazard involved.
6.2. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable
federal, state or local environmental regulations or standards. Lessee agrees that it has
inspected the Premises and is fully advised of its own rights without reliance upon any
representation made by Lessor concerning the environmental condition of the Premises.
Lessee, at its sole cost and expense, agrees that it shall be fully responsible for the
remediation of any violation of any applicable federal, state or local government
environmental regulations or standards that is caused by Lessee, its officers, agents,
servants, employees, contractors, subcontractors or invitees.
6.3. Acceptance
In addition to Section 6.2,Lessee represents to Lessor that Lessee has inspected the
Premises and is fully advised of its own rights without reliance upon any representation
made by Lessor concerning the condition of the Premises. Lessee accepts the Premises in
their present condition as satisfactory for all purposes set forth in this Lease.
7. PARKING.
All motor vehicles at the Airport must be parked in areas designated as motor vehicle
parking areas.
8. USE OF PREMISES.
Lessee shall use the Premises exclusively for the storage of aircraft. Lessee's use of the
Premises for any other purpose shall constitute a material breach of this Lease.
9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
9.1. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon shall immediately become the
property of Lessor.
9.2. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public or for any
other cause deemed necessary by Lessor. In this event, Lessor shall in no way be liable for
any damages asserted by Lessee, including, but not limited to, damages from an alleged
disruption of Lessee's business operations.
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Between City of Fort Worth and Ray Don Nunn
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9.3. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of federal
funds for the development,maintenance or repair of Airport infrastructure.
9.4. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this event,
any provisions of this instrument which are inconsistent with the provisions of the lease to
the Government shall be suspended. Lessor shall not be liable for any loss or damages
alleged by Lessee as a result of this action. However, nothing in this Lease shall prevent
Lessee from pursuing any rights it may have for reimbursement from the United States
Government.
9.5 Lessee's rights hereunder shall be subject to all existing and future utility easements
and rights-of-way granted by Lessor for the installation, maintenance, inspection, repair or
removal of facilities owned by operated by electric, gas, water, sewer, communication or
other utility companies. Lessee's rights shall additionally be subject to all rights granted by
all ordinances or statutes which allow such utility companies to use publicly-owned
property for the provision of utility services.
9.6. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant to the
Sponsor's Assurances given by Lessor to the United States Government through the Federal
Airport Act; and Lessee agrees that this Lease and Lessee's rights and privileges hereunder
shall be subordinate to the Sponsor's Assurances.
10. INSURANCE.
Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance specified to be
maintained by a commercial tenant in accordance with Exhibit "B", the "City of Fort
Worth Aviation Insurance Requirements"attached hereto and made part of this Lease for all
purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care,custody or control.
10.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and
increased limits on existing coverages, are subject to change at Lessor's option and
as necessary to cover Lessee's and any Sublessees' operations at the Airport. Lessee
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will accordingly comply with such new requirements within thirty (30) days
following notice to Lessee.
10.2 Lessee shall procure and maintain at all times, in full force and effect, a
policy or policies of insurance as more particularly set forth in Exhibit`B", which
is attached hereto and incorporated herein for all purposes.
10.3 As a condition precedent to the effectiveness of this Lease, Lessee shall
furnish Lessor with appropriate certificates of insurance signed by the respective
insurance companies as proof that it has obtained the types and amounts of
insurance coverage required herein. Lessee hereby covenants and agrees that not
less than thirty (30) days prior to the expiration of any insurance policy required
hereunder, it shall provide Lessor with a new or renewal certificate of insurance. In
addition, Lessee shall, at Lessor's request, provide Lessor with evidence that it has
maintained such coverage in full force and effect.
11. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee of
Lessor. Lessee shall have the exclusive right to control the details of its operations and activities on
the Premises and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, patrons, licensees and invitees. Lessee
acknowledges that the doctrine of respondeat superior shall not apply as between Lessor and
Lessee, its officers, agents, employees, contractors and subcontractors. Lessee further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
12. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
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
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Between City of Fort Worth and Ray Don Nunn
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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.
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.
13. WAIVER OF CHARITABLE DMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage,injury or death,Lessee hereby expressly waives its rights to plead defensively any
such immunity or exemption as against Lessor.
14. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
14.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other parry with written
notice not less than thirty(30)days prior to the effective date of such termination.
14.2. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3,Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
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calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time,Lessor shall have the right to terminate this Lease immediately.
14.3. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
14.4. Rights of Lessor Upon Termination or Expiration.
Upon the termination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee agrees that it will return the Premises and all appurtenances and improvements
thereon in good order and repair and in the same condition as existed at the time this Lease
was entered into, subject to ordinary wear and tear. Lessor shall have the immediate right to
take full possession of the Premises,by force if necessary, and to remove any and all parties
remaining on any part of the Premises without further legal process and without being liable
for trespass or any other claim. Lessor shall also have the right to remove any and all
fixtures or equipment that may be found within or upon the Premises without being liable
therefor. Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
servants, employees or representatives which may stem from Lessor's termination of the
Lease or any act incident to Lessor's assertion of its right to terminate.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, or(2)deposited in the United States Mail,postage prepaid, addressed as follows:
To LESSOR: To LESSEE:
City of Fort Worth Ray Don Nunn
Aviation Department 10349 Shadow Valley
201 American Concourse,Suite 330 Burleson,Texas 76028
Fort Worth,Texas 76106 817.880.4598
Payments are to be sent to the address below unless otherwise directed on monthly invoices.
City of Fort Worth
PO Box 99005
Fort Worth,TX 76199-0005
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Between City of Fort Worth and Ray Don Nunn
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16. ASSIGNMENT.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights,privileges, duties or
interests granted by this Lease without the advance written consent of Lessor. Any attempted
assignment without prior written consent by Lessor shall be null and void. If Lessor consents to any
assignment, all terms, covenants and agreements set forth in this Lease shall apply to the assignee,
and said assignee shall be bound by the terms and conditions of this Lease the same as if it had
originally been a party to it.
17. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the property of
Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall
liquidate and discharge the same within thirty(30) days of such creation or filing. Lessee's failure
to discharge any such purported lien shall constitute a breach of this Lease and Lessor may
terminate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate and
discharge such lien shall continue in effect following termination of this Lease and until such a time
as the lien is discharged.
18. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
19. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and
Lessee immediately shall remove from the Premises any person engaging in such unlawful
activities. Unlawful use of the Premises by Lessee itself shall constitute an immediate breach of
this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of City of Fort Worth and the City of Fort Worth Police, Fire and Health Departments;
all rules and regulations established by the Airport Systems Director and authorized designee; and
all rules and regulations adopted by the City Council pertaining to the conduct required at airports
owned and operated by the City, as such laws, ordinances, rules and regulations exist or may
hereafter be amended or adopted. If Lessor notifies Lessee or any of its officers, agents,employees,
contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances,rules or
regulations,Lessee shall immediately desist from and correct the violation.
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Between City of Fort Worth and Ray Don Nunn
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19.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards, as
may be adopted by the City Council from time to time. Lessee shall be bound by any
charges adopted in the City's Schedule of Rates and Charges, as may be adopted by the City
Council from time to time.
20. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the basis
of age, race, color, national origin, religion, disability, sex, sexual orientation, transgender,
gender identity or gender expression. Lessee further agrees for itself, its personal representatives,
successors in interest and assigns that no person shall be excluded from the provision of any
services on or in the construction of any improvements or alterations to the Premises on grounds
of age, race, color, national origin, religion, disability, sex, sexual orientation, transgender,
gender identity or gender expression.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all times
comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal
Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of
Transportation and with any amendments to this regulation which may hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
21. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, City of Fort Worth does not
waive or surrender any of its governmental powers.
22. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon
appropriate performance or to assert any such right on any future occasion.
23. VENUE AND JURISDICTION.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts
located in Tarrant County, Texas, or the United States District Court for the Northern District of
Texas, Fort Worth Division. This Lease shall be construed in accordance with the laws of the State
of Texas.
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Between City of Fort Worth and Ray Don Nunn
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24. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and
either party should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys'
fees.
25. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
26. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of performance
due to force majeure or other causes beyond their reasonable control, including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
27. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns and
successors in interest. Any prior or contemporaneous oral or written agreement is hereby declared
null and void. This Lease shall not be amended unless agreed to in writing by both Lessor and
Lessee.
28. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or
any amendment hereto.
29. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
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Between City of Fort Worth and Ray Don Nunn
Page 10 of 12
The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Lease, Lessee
certifies that Lessee's signature provides written verification to the City that Lessee: (1)
does not boycott Israel; and(2) will not boycott Israel during the term of the Lease.
[Signature Pages to Follow]
T-Hangar Lease Agreement
Between City of Fort Worth and Ray Don Nunn
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the 30K day of.fie em1wr ,2020.
CITY OF FORT WORTH:
By: �^ aLl
Fernando Costa
Assistant City Manager
Date: 913OZZ0 20
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 �S� day of
J5 �yyr ,2020.
SELENA ALA
Notary Public. State of Texas
a P? Comm. Expires 03-31-2024
.5
6;,;� Notary ID 132422528 Notary Public in and for the State of Texas -w =.;fiF
APPROVED AS TO FORM ATTES _'� `
AND LEGALIT ' f;
By: By:
Thomas Royce Hanscif at Kayser
Assistant City Attorney City Secretary
M&C: None Reduired
T-Hangar Lease Agreement t JF �ir� ! ��L�W
Between City of Fort Worth and Ray Don Nunn ^
Page 12 of 12 L eja"-u nnpv
UFT W 0,R 7[gyp 17
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and administration
of this contract,incl uring all performance and reporting requirements.
Re operty Manager
Barbara Goodwin
Name Printed
LESSEE: ATTEST:
RAY DON NUNN
By: By:
Date:
STATE OF TEXAS §
COUNTY OF TEXAS §
BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared RAY DON NUNN,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 RAY DON
NUNN and that s/he executed the same as the act of RAY DON NUNN for the purposes and
consideration therein expressed and,in the capacity,therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a ( day of
2020.
BEATRIZ BAEZ Notary Public in and for t1fe State of exas
Notary Public, State of Texas
Comm. Expires 12-29-2021
Notary ID 131393990
Y
T-Hangar Lease Agreement CITY SECRETARY
Between City of Fort Worth and Ray Don Nunn
Page 12 of 12 FT. WORTH, -TX
--I
FORTWORTH
AVIATION EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
Property
Commercial Hangarkeepers Environmental Automobile Liability (To
Aircraft and Passenger
Category General � Impairment Include Hired&Non-owned
Insurance Liability Liability Liability Liability Vehiclees) 6
Fixed Base Operators(FBO's) Yes $5,000,000 $5,000,000 $1,000,000 $ 1,000,000
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance '5 $1,000,000 $1,000,000 $ 1,000,000
Operator-Piston
Aircraft Maintenance Operator and
Avionics or Instrument Maintenance `5 $5,000,000 $1,000,000 $ 1,000,000
Operator-Turbine
Avionics or Instrument Maintenance '5 $1,000,000 $ 1,000,000
Operator (Bench work Only)
Aircraft Rental or Flight Training 5 $1,000,000 2 $1,000,000/occurrence $ 1,000,000
Operator •5 $100,000/passenger
Aircraft Charter or Aircraft 'S $5,000,000/occurrence
Management Operator -5 $1,000,000 $500,000/passenger $ 1,000,000
Aircraft Sales Operator 5 $1,000,000 $1,000,000/occurrence $ 1,000,000
•5 $100,000/passenger
•5 $1,000,000 $1,000,000
Aircraft Storage Operator
'5 $5,000,000 3 $5,000,000 3 $ 1,000,000
Aviation Service Sole Proprietor '5 $1,000,000 2 $1,000,000/occurrence $ 250,000
$100,000/passenger
Other Commercial Aeronautical
Activities $1,000,000 $300,000/occurrence $ 1,000,000
Temporary Specialized Aviation $1,000,000 $300,000/occurrence $ 1,000,000
Service Operator
Non-Commercial Hangar Lessee '5 $300,000/occurrence $ 1,000,000
Non-Commercial Flying Club .5 $1,000,000/occurrence $ 1,000,000
$100,000/ assen er
Non-Commercial Self-Fueling •5 $ 1,000,000 $1,000,000 $300,000/occurrence $ 1,000,000
Permitee Jet Fuel and/or Av as
Non-Commercial Self-Fueling
Permitee '5 $500,000 $300,000/occurrence $ 250,000
Alternative Fuels e.g.mo as
Box Hangar,T-Hangar,Community `5 $300,000/occurrence $ 250,000
Hangar
Other *Insurance requirements subject to determination by Aviation Department and Risk Management.
Additional Insurance Requirements
-Lessee's policies are to be primary to any other valid and collectible insurance available to the City
-All policies shall include a Waiver of Subrogation in favor of the City(Temporary SASO must also include Airport Lessee)
-The City of Fort Worth shall be named as Additional Insured(Temporary SASO must also include Airport Lessee)
-Policies shall have no exclusions by endorsement,which,neither nullify or amend the required lines of coverage,nor decrease the limits of said coverage
Coverage per aircraft should be equivalent to the average aircraft value at one time and coverage per occurrence should be equivalent to the average of the
maximum value of total aircraft at one time,but not less than the amount noted above
2 Must include Negligent Instruction Coverage
3 If aircraft storage operator is providing subleasing space for aircraft storage
Only required for those providing flight instruction
5 Depends on terms of the lease agreement
6 If vehicle parked landside-State minimums would apply
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)
DEFINITIONS:
Coverage for the Building includes(but is not limited to)the building and structures, completed additions to covered
buildings, outdoor fixtures, permanently installed fixtures, machinery and equipment. The building material used to
maintain and service the insured's premises is also insured. Business Personal Property owned by the insured and
used in the insured's business is covered for direct loss or damage. The coverage includes(but is not limited to)
furniture and fixtures,stock, improvements and betterments, leased property for which you have a contractual
obligation to insure and several other similar business property items when not specifically excluded from coverage.
The policy is also designed to protect the insured against loss or damage to the Personal Property of Others while
in the insured's care, custody and control.
PROPERTY INSURANCE
Business Income(sometimes called Business Interruption)affords protection against the loss of earnings of a
business during the time required to rebuild or repair covered property damaged or destroyed by fire or some other
insured cause of loss.
Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cause of loss. These expenses could include rent, utilities, moving
expenses, telephone, advertising and labor.
This coverage protects the insured for bodily injury or property damage to the third parties,for which they are legally
liable.The policy covers accidents occurring on the premises or away from the premises. Coverage is provided for
injury or damages arising out of goods or products made or sold by the named insured. Coverage is afforded for
the named insured and employees of the named insured; however, several individuals and organizations other than
the named insured may be covered depending upon certain circumstances specified in the policy. In addition to the
limits,the policy provides supplemental payments for attorney fees, court costs and other expenses associated with
a claim or the defense of a liability suit.
Coverage A-Bodily Injury and Property Damage Liability
COMMERCIAL GENERAL Bodily Injury means physical injury,sickness or disease, including death. Property Damage means physical injury
LIABILITY to tangible property, including the resulting loss of use of that property.
Coverage B-Personal Injury and Advertising Injury Liability
Personal Injury means false arrest, malicious prosecution,wrongful entry or eviction,libel, slander and violations of
a person's right of privacy. Advertising Injury means libel,slander,disparagement,violations of a person's right of
privacy, misappropriation and copyright infringement.
Coverage C-Medical Payments
Medical Payments means medical expenses for bodily injury caused by an accident.
Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the
HANGARKEEPERS aircraft is in the care, custody or control of the insured for safekeeping,storage,service or repair. Coverage
LIABILITY extends to liability claims involving an aircraft's loss of use.
Insures the pollution exposure associated with the insured's property and operations, Including costs of cleanup and
remedial or corrective action due to a third-party demand or a government order. The Pollution exclusion in general
ENVIROMENTAL liability insurance effectively eliminates coverage for damages for bodily injury, property damage and cleanup costs
IMPIRMENT LIABILITY arising from most types of pollution events. Because of this, customized protection for the pollution exposure of
numerous insureds in this category is essential.
Coverage geared specifically to the operation of aircraft and the risks involved in aviation.Aviation insurance
policies are distinctly different from those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND terminology,as well as terminology, limits and clauses specific to aviation insurance. Passenger liability protects
PASSENGER LIABILITY passengers riding in the accident aircraft who are injured or killed. In many countries this coverage is mandatory
only for commercial or large aircraft.Coverage is often sold on a"per-seat"basis,with a specified limit for each
passenger seat.
The liability coverage of the Business Auto Policy provides protection against legal liability arising out of the
AUTOMOBILE LIABILITY ownership, maintenance or use of any insured automobile. The insuring agreement agrees to pay for bodily injury
(TO INCLUDE HIRED Sc or property damage for which the insured is legally responsible because of an automobile accident. The policy also
NON-OWNED VEHICLES) states that, in addition to the payment of damages, the insurer also agrees to defend the insured for all legal
defense cost. The defense is in addition to the policy limits.
WAIVER OF An agreement between two parties in which one party agrees to waive subrogation rights against another in the
event of a loss. The intent is to prevent one party's insurer from pursuing subrogation against the other party.
SUBROGATION
Aviation Minimum Standards, City of Fort Worth Aviation Department(06/03/2014)