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HomeMy WebLinkAboutContract 45584 (2)cr�r sECRETa�r �I SS�S N co�rrRacT Igo. FORT WORTH MEACHAM INTERNATINAL AIRPORT AIRCRAFT TIEDOWN LEASE AGREEMENT (Annual) 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 WALLACE HOLDINGS ("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 Anri124.2014 and will automatically renew on the each subsequent year 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 annual rental set forth in Section D of Exhibit "A". Initial rent payment is due on or before the effective date of this agreement. Thereafter, annual rental payments are due on or before the first day of each renewal year. 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. 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, or allow to stand any fuels, oils, 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 in 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 andlor 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 or not caused, in whole or in part, by alleged negligence of Lessor, its officers, Annual Tiedown Lease Agreement Page 1 of 6 AFFICIAL RECORD CITI( RECRETARY F i . : � : I . ! �1 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 parry 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 parry 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. The person signing this Lease hereby warrants that he/she has the legal authority to execute this Lease on behalf of the respective parry, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other parry is fully entitled to rely on this warranty and representation in entering into this Lease. 16. 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. IN MESS REOF, the parties hereto have executed this Agreement in multiples on this the��ay of , 2014. CITY OF FORT By: AS$1Stant Date: Annual Tiedown Lease Agreement Page 3 of 6 r STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the and ed- utlority, a Notary Public in and for the State %J Texas, on this day personally appeare 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 �cS day of �l�l(1 2014. LINDA M. HIRRLINGER *' `= MY COMMISSION EXPIRES' ivo, %ly ' 0 „meIvit` February 2, 2018 Notary Public in and for the State bY Texas APPROVED AS TO FORM AND LEGALITY. By: Charlene Sanders Assistant City Attorney M&C: None Required LESSEE: WALLACE HOLDINGS Da� STATE OF TEXAS § COUNTY OF Annual Tiedown Lease Agreement Page 4 of 6 ATTEST: ATTEST: By: Maly J.e City Secretary ®FFICIAL RECORD CITY SECRETARY T. WORTH, TX J BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Alan Moffatt, 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 Wallace Holdings and that he executed the same as the act of Wallace Holdings for the purposes and consideration therein expressed and in the capacity therein stated. ER MY HAND AND SEAL OF OFFICE this (57 7 day 920140 Notary Po ' cm d for the State of Texas KAY IYNN SCHLICHTING Notary VUDUC, State of Texas My Commission Expires January 09, 2016 Annual Tiedown Lease Agreement Page 5 of 6 E:XIIIDII IN A. Lessee Name: Wallace Holdings Contact: all Moffatt Address: 130 Terrell Road #2 City: San Antonio State: Texas Zip: 78209 Phone #: 210 445 8504 Email: md80md83(a,gtnail.com Business (if applicable): Address: City: State: Zip: Phone #: In case of emergency: Contact Name: Nick Blowers Phone: 210 269 3471 B. Aircraft: MD87 Make: Tail#: N204AM Color: White blue stripes C. Tie Down Site: See Map attached) D. Rental: $ 10,800.00 annually E. Start Date: Apri124, 2014 Month -to -Month Tiedown Lease Agreement Page 6 of 6 J•v • `1i , '�4