HomeMy WebLinkAboutContract 55496�
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- FORT WORTH SPCNKS AIRPORT � ���
� - � T—HANGAR LEASE AGREEMENT
� (MONTH�TO�MONTH)
This T-HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and
bet�reen 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 HUFFMAN AVIATION, LLC. ("Lessee"), acting by and through JACOS M.
HUFFMAN, its duly authorized Managing Mernber.
In consideration of the nnutual covenants, promises and obligations eontained herein, Lessor
and Lessee agree as follows:
�. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter refei-r-ed to as
"Premises") at Fo�-t Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas:
1.1. T-Hangar 14, located at 12635 Wildcat Way North.
2. TERM OF LEASE.
This Lease shall operate on a monih-to-month basis, commencin� on ihe date of its
execution. This Lease will autornatically renew on the first (1 st) day of each month
unless terminated by either party. In order to termrnate this Agreernent, a party must
provide the other party with written notice of its intent to terminate not less than thirty
(3Q) days prior to t1�e effective date of such terrnination.
3. RENT.
3.1. Rent Durin� Initial Term.
Lessee hereby pramises and agre�s to pay Lessor as monthly rent for ihe Preynises
the sum of Four Hundred Dollars anc� 0011 QQ ($400.Q0). The rentai 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 aay other than the first { 1 st) day o� any
given month, the frrst rnonth's rental payment sha11 be prorated in accordance with the
number of days remaining in that inonth
3.2 Rent During Renewal Tearms.
Rental rates for each Renewal Term sha11 comply with the rates prescribed far the
Premises by Lessor's published Schedule of Rate� and C�arges in e�ffect at the same time.
T-Hangar Lease Agreemeut
Befween City of Fort Worth and Etuffman Avia[ion, LLC.
Pagc ] of 12
E — - ,.r'
3.3. Pa men� Dates and Late Fees.
- Monthly rental payments are due on or befare the first (1st) day of each rnonth.
Payme�ts �nust b� received during narmal working hours by the due date at the location for
Lessor set forth in Section 15. Rent shal� be considered past due if Lessor has not received
full payment after the (lOth) day o� the month far vvhich payment is due. Without limiting
Lessar's terenination rights as provided by this Lease, Lessor will assess a late penalty charge
of ten pereent (10%) per nraonth on the entire balance of any overdu� rent that Lessee may
accrue.
4. MATNTENANCE AND REPAiRS.
Lessee agree� to keep and maintain the Prerr�ises in a good, clean and sarntary candition at
a11 times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent disposal
away irom the Aiiport of ali of Lessee's trash, garbage and refuse. Lesse� covenants and agrees that
it will not maice or su�'fer any waste of tk�e Premises. Lessee will not pile or store boxes, cartons,
barrels or other similar iterns in a rrfanner that is unsafe or unsightly. Lessee shall be responsible for
all damages caused by the negligence or miscot�duct of Lessee, its agents, servants, ert�ployees,
contractors, subcontractiors, licensees ar invitees, and Lessee agrees to fufly repair or otherwise cure
aIl such damages at Lessee's so�e cost and expense.
�. CONSTRUCTION AND IMPROVEMENTS.
Lessee shall not undertake or allow any party to undertake any kind of alteration, erection,
il�nprovement or other constn�ction work on or to the Aremises unless it first requests and receives in
writing approval from the Airport Systerns Dir�ctor or authorized representative. All such approved
construction work on and unprovements to the Premises shall fuily cornply with the Arnericans with
Disabilities Act of 1990, as amended.
G. INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Ynsnections.
Lessor, through its officers, agents, servants ox employees, reserves the right to enter
the Premises at any tirr�e in order to perform any and all duties or obli�ations r�vhich Lessor is
authorized or required ta do under the terms of this Lease or to perfornn its governmental
duties under federal, state or local rules, regulations and laws (including, but not limited ta,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing and Fire
Codes or other health, safety and general welfare regulatians). Lessor shal] provide Lessee
with a combination Iocl{. Lessor shall provide Lessee with advance notice of inspection
when reasonable under the circurr�stances.
Lessee will permit the Fire Marshall of the Ciiy of Fort Worth or his agents to make
inspectian of the Premises at any time, and Lessee will comply with all recammendations
made to Lessee by the Fire Marshal or his ag�nts to bring the Prernis�s into compliance with
the City of Fort Worth Fire Code and Buiiding Cade �rovisions regardin� fire safety, as such
T-Hangar Lease Agreement
f3etween City vf Fort Worth and Huffman Aviatiun, LLC.
Page 2 of 12
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.�. Environmenta� Remediation.
To the best of Lessor's knowledge, the Prernises comply with ali applicable
federal, state or local environmental regulations or standards. Lessee agrees that it has
inspected the Prerr�ises and is fully advised ofi its own right� without reliance upon any
representation nnade by Lessor concerning the environrnental condition of the Premises.
Lessee, at its sole cost and expense, agrees that it s�all be fiiliy responsible for the
rerziediation 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.
G.3. Acceptance
In addition to Section 6.2, Lessee represents to Lessar that Lessee has inspected the
Premises and is fully advised of its own rights without reliance upon any representation
made hy Lessor concerning �he candition of the l?remises. Lessee accepts the Premises in
their present condition as satisfactory for aii purposes set forth in this Lease.
7. PARKING.
All motor vehicles at the Airport must be parked in areas designated as rnotor vehicle
parking areas.
8. USE OF PREMYSES.
Lessee shall use the Premises exclusively for the storage of aircraft. Lessee's use of the
Premises for any other purpose shalI constitute a material breach of this Lease.
9. R�GHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reserva.iions:
9.1. All �xtures and items permanently attached to any structure an the Pretnises belong
to Lessor, and any additions ar alterations made thereon shall imrnediately becorne the
property of Lessor.
9.7,. Lessor reserves the right io close tetnporarily t�e Airport or any of its facilities for
maintenance, ixnprovements, safety or security of either the Airport or the public or for any
other cause deemed necessary by Lessor. In this event, Lessor sha11 �n no way be liable for
any damages asserted by Lessee, including, but not limited to, damages from an alleged
disruphion of Lessee's business operations.
T-Hangar Lease Agreement
Betu+een City of Fort Worlh and Huffman Aviation, LLC.
Pagc 3 nf 12
9.3. This Lease shall be subordinate to the provisions of any existing or fitture agreernent
between Lessor and the United States Government whzc� relates to the operation or
maintenance oi 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, Le�sor shall have the right to lease any part
of the Airport, including its landrng area, to the United States Governmeni. Yn ihis e�ent, any
provisions of this instrument which are inconsistent with the provisions of the lease to the
Governrnent shall be sus�ended. Lessor shail not be i�able for any Ioss or damages alleged
by Lessee as a result of this action. Hovcrever, nothing in this Lease shall prevent Lessee
f-om pursuing any rights it may have for reimburserr�ent frorn the United Stafes Government.
9.� Lessee's rights hereunder �hall 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 awned by operated by electric, gas, water, sewer, communication or
other utility companies. Lessee's rights sl�all additionally be subject io a11 rights granted by
all ordinances or statutes vcrhich al�ow such utility companies to use publicly-owned property
for the provision o�utility services.
9.6. Lessor covenants and agrees that during the term of this Lease ii will operate and
maintain the Airport and its facilities as a public airport consisteni with and pursuant to the
Spoz�sor's Assurances given by Lessor to the United States Governmeni through the Federal
Airport Act; and Lessee agrees that t�is Lease and Lessee's rights and �rivfleges hereunder
shall be subordinate to the Sponsor's Assurances.
10. IN5URANCE.
Lessee shall procure and maintain at all times, in fu�l force and effect, a policy or policies of
in�urance 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
locatior� of the Premises. Lessee sha11 obtain the requrred insurance specified to be
maintazned by a commercial tenant in accordance with Exhibit "S", the "City of Fort Work�i
Aviation Insurance Requirements" attached hereto and made part of this Lease for all
purposes.
In addition, Lessee shall 6e respansible for all insurance to construction, improvements,
rnodifications or 1-enavations to the Pre�ises and for personal property of its own or it� its
care, custody or control.
10.1. Ad'ustmer�ts to Re uired Covera e and Limiis.
Insurance requirements, including additional types of coverage and increased
lirnits on existing coverages, are subject to change at Lessor's optian and as
necessary to cover Lessee's and any S�blessees' operations at the Airport. Lessee
wi11 accordingIy cornply with such new require�nents within thirty (30} days
follovaing notice to Lessee.
T-Hangar Lease Agreement
Between Cily of Fort Woith a�3d Huffman Avialion, LLC.
�'age 4 of 12
10.� Lessee shall procure and rnaintain at all times, in fiill 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
furni�h Lessor with app�•opriate certifcates af insurance signed by tk�e respective
insurance companies as proof that it has obtained the types ar�d arnounts of insurance
coverage required herein. Lessee hereby covenants and agrees that not less than
thirry (30) days prior to the expiration of any insurance policy required hereunder, it
shail provide Lessor with a new or renewal certificate of insuranc�. in addition,
Lessee shall, at Lessor's request, provide Lessor with evidence that it �as maintained
such coverage in full force and effect.
11. iNDEPENDENT CONTRACTOR.
Tt is expressIy under�tood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges grantea herein, and not as an agent, representative or e�nployee of
Lessor. Lessee shall have the exclusive right to control the details of its operatians and activities on
tk�e Premises and shall be solely responsible for the acts and ornissions of its of�cers, agents,
servants, employees, cantt-actors, subcontractors, pat�ons, licensees and invifees. Lessee
acknawledg�s that the doctrine of respondeat superior sha11 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 creallon of a partnership or joint enterprise betvc�een Lessor
and Lessee.
12. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSDIVAL INJURY OF ANY KIND,
INCLUDING DEATH, TO A1VY AND ALL PERS011rS, OF ANY IrIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING D£IT OF OR IN COIVNECTION WITH THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE,
USE, OCCUPANCY, EXISTENCE OR LOCA TIDN OF THE PREMISES, EXCEPT TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIDNS OR INTENTIONAL
MISCONDUCT OF LESSDR.
LESSEE C4VENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HAR1t�TLESS AND DEFEIVD LESSOR, ITS OFF1'CERS, AGENTS, SERVAN'TS AND
EIYIPLDYEES, FROM AND AGAXNST A1VY AND ALL CLAZMS OR LAWSUITS FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TD
LESSEE'S BUSIIVESS A1VD ANY RESULTING LOST PROF'ITS) AND/OR PERS�NAL
INJURY, 1'1VCLUDIIVG DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING DUT OF OR IN CONNECTIDN
WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEAS�ING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION DF THE PREMISES,
T-Hangar Lease A�reement
Eetween City of Fart Warth and Huffmau Aviation, T�L.C.
Page 5 of 32
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMTSSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPOIVSIBILITY AND AGREES TO PAY LES�OR FOR
ANYAND ALL INJURY OR DAIVIAGE TO LESSOR'S PROPERTY YVHICHARISES OUT OF
DR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, 1'TS
OFFICEIlS, AGENTS, EMPLOYEES, CONTRACTQRS, SUBCOIVTRACTORS, LICENSEES,
INVITEES, PATRONS OR TRESPASSERS, EXCEPT TD THE EXTENT CAUSED BY THE
NEGLIGENTACTS OR OMISSIDNS OR INTENTIONAL MISCONDUCT OFLESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TD LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE �ESPONS�BLE FOR INJURY TO ANYPERSON ON
THE PREMISES OR FOR h�ARM TD AIVYPROPERTY WHICH BELONGS TO LESSEE, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, COIVTRACTQRS, SUBCONTRACTORS,
LICENSEES, INYITEES OR PATRONS, AND WHICH MAY BE STOLEN, DESTROYED OR
IN ANY WAY DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS
HARMLES.S LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLDYEES FROM
AND AGAINST ANY AND A�L SUCH CLA.�MS, EXCEPT TO THE EXT�IVT CAUSED BY
THE NEGLIGENT ACTS OR 4MISSIONS OR INTENTiTONAL MISCONDUCT OF LESSDR.
13. WAIVER OF CHARITASLE 1MMUNYTY OR EXEMPT�ON.
if Lessee, as a charifable assoc�ation, corporation, part�nership, individual enterprise or entity,
claims immunity to or a� exemption from liabiiity for any lcind of property damage or personal
damage, injury or death, Lessee here3�y expressly vvaives its rights to p�ead defensively any such
imrnunity or exemption as agarn�t Lessor.
14. TERMINATION.
In addition to any termination rights provided herein, this Lease rnay be tez�nninated as
follows:
14.1. Sy Either Party.
Lessor or Lessee may terminate this Lease for any reason, to 6e effeciive on the
expiration date of the term in effect at tl�e time, by providing the other party with written
notice noi less than �hirty (30} days prior to the effective date of such termi�ation.
14.2. Failure to Pav Rent.
If Lessee fails to pay rent for the Premises in accordance with Seciion 3, Lessor shall
provide Lessee with a written statement of the amouni due. Lessee shail have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the fu11
amount within such tirrie, Lessor shali have the right to terminate this Lease imrnediately.
14.3. Sxeach or Default bv Lessee.
T-Hangar T.,ease Agreement
Between City of Fo�-� Worth and Huffman Aviation, LLC.
Page 6 of 12
Tf Lessee commits any breach or default under this Lease, other than a faiiure to pay
rent, Lessor shall deliver to Lessee a u�itten notice specifying the nature of such breach or
default. Lessee shall l�ave thirty (30) calendar days following notice to cure, adjust or
correct th� 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. Ri hts o#� Lessor Upon Ter�nination or Ex iration.
Upan the termination or expiration of this Lease, a11 rights, powers and privileges
granted to Lessee hereunder sha11 eease and Lessee shall imm�diately vacate the Premises.
Lessee agrees that it will return the Prernises and all appurtenances and irnproverne�ts
thereon in good order and repair and in the sa�ne condition as existed at the tinne this Lease
was �ntered into, subject to ordinary wear and tea�•. Lessor shall have the immediate right to
take fiill possession of the Premises, by foxce 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 sha11 also have the right to remove any and all
fixtures or equipment that rnay be found within or upon the Premises without being 1iable
therefor. Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
ser�ants, employees or representati�es which may stem frorn Lessor's termination of the
Lease or any act incident to Lessor's assertion of its right to terrninate.
1�. NOTYCE�.
Nofiices required pursuant to the provisions of tihis Lease shali be conclusively determined to
have been delivered when (1} hand-delivered to the other party, its agents, employees, servan�s or
representatives, or (2) deposited in the Unit�d States Mail, postage prepaid, addressed as follows:
To LESSOR:
City of Fort Worth
Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106
To LE55EE:
Huffinan Aviation, LLC
12609 Wildcat Way North
Fort Worth, Texas 7G02$
��„"` ��n- �.t:u� ' ,����A,� �:ur!� 817-551-9484
Payrnents are to be sent to the address below unless otherwise directed on rnonthly invoices.
City of Fort Worth
PO Box 99005
Fort Worth, TX '76 ( 99-0005
T-Hangar Lease Agreement
]3etween City of Fori Worth and Hufiman Aviation, LLC.
Page 7 of 12
16. ASSIGNMENT.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests �anted by this Lease without the advance written consent of Lessar. Any attempted
assignmeni without prior written consent by Lessor shal� be null and void. If Lessor consents to any
assignment, all terms, cavenants and agreements set forth in this Lease shall apply to the asszgnee,
and said assignee shall be bound by the terms and condrtions of this Lease the same as if it had
originally been a party to it.
17. LIENS BY LESSEE.
Lessee acl�owledges that it has � o authority to engage in any act or to make any contract
which may create or be the foundat�on 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 experzse, shall
liquidate and discharge the sarne within thirty (30) days of such creation or filing. Lesse�'s failure to
discharge any such purported lien shall constitute a breach of this L�ase and Lessor may tex-minate
this Lease imrnediately. However, Lessee's financial o�ligation to Lessor to liquidate and discharge
such lien shall continue in eifect following terminatior� of this Lease and until such a time as the lien
is discharged.
1$. TAXES AND ASSESSMENTS.
Lessee agrees ta pay any and ail federal, state or 1oca1 taxes ar assessments which may
lawfizlly be levied against Lessee due to Lessee's use or occupancy of the Prernises or any
improvements ar property placed on the Premises by Lessee as a result of its occupancy.
]9. COMPLIANCE WiTH LAWS, ORDINANCES, RULES AND REGULATIONS.
L�ssee eovenants and agrees that it shali not engage in any unlawful use of the Pr�mises.
Lessee further agrees that it shall not permit its offcers, agents, servarits, �rnployees, cont7ractors,
subcontractors, patrons, licensees or invitees to engage in any unlawfi.zl use of the Premises and
Lessee irnmediately shall rernove from the Premises any person en�aging in such unlawful activities.
Unlawfiil use of the Premises by Les�ee itself sha�l constitute an immediate breach of this Lease.
Lessee agr'ees to comply with all federal, state and locaI laws; a1� ordinances, rules and
r��xlations of City of For� Warth and the City of Fort Worth Police, Fixe and Health Departments;
a�l rules and regulations established by the Airport Systems Dir�ctor and authorized designee; and
all rules and regulations adopted by the City Councii pertaining to the cnnduct required at airports
owned and operated by the City, as such laws, ardinances, rules and regulations exist or may
hereafter be amended or adopted. If Lessor notifies Lessee or any of its officers, agents, employees,
cont�-actors, subcontractors, licensees or invitees of any violation of such laws, ordinances, nzles or
regulations, Lessee sha11 im�mediately desist from and carrect the violation.
`f-Tiangar Lease Agreement
Between City of Fort Worth and Haffmai� Avialion, LLC.
Page 8 of 12
19.1 Compiiance with Minimum 5tar►dards and Schedu�e of Rates and Charges:
Lessee hereby agrees to cornply at a11 tirnes with the City's Minimum Standards, as
nnay be adopted by the City Council from iime 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 f'rom time to time.
20. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part
af 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, disabiiity, sex, sexuaI orientation, transgender,
gender identity or gender expression. Lessee further agrees for itself, its personal
representatives, successors in interast and assigns that no person shal[ be excluded from
the provision of any services on or i� the construction of any improvements or alierations to the
Premises on grounds of age, race, coIor, nationai origin, i�I1�10ri, disability, sex, sexua�
orientation, transgender, gender identity or gender expressian.
Lessee agrees to �urnish its accorntnodations an,d 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 tirnes
comply with any requirements imposed by or pursuant to Title 49 of the Code of Federal
Regulations, Part 21, Non-Discrimination �n Federally Assisted Programs of the Department of
Transportation and with any amendmer�ts to this regulation which may hereafter be enacted.
Tf any clairn arises from an alleged violation of this non-discriminatron covenant by
Lessee, its persanal representatives, successors in interest or assigns, Lessee agrees to indernnafy
Lessor and hold Lessor harmless.
�1. GOVERNMENTAL POWERS.
Ti is understood and agreed that by execution of tl�is Lease, City of Fort Worth does not
waive or sui-render any of its governmentai powers.
��. NO WANER.
The faiI�re of Lessor to insist upon the performance of any tarm 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 perforrnance or to assert any such right on any ftiture occasian.
�3. VENUE AND JURISDICTTON.
Shauld any action, whether real or asserted, at law or in equity, arise out of the terrns 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 Distr�ct of
Texas, Fort Worth Divis�on. This Lease shall be construed in accordance with the laws o� the State
of Texas.
T-�iangar Lease Agreement
Between Cily of Fort Worth and ITuffman Aviation, LLC.
Page 9 of 12
�4. ATTORNEYS' FEES.
In the event there shou�d be a breach or default under any provisron of this Lease and
either party should retain aitorneys ar incur other expenses for the collection of rent, fe�s or
charges, or the enforcement of performance or observances of any cavenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys'
fees.
25. SEVERABILITY.
Tf any provision of this Leas� sha[1 be held to be invalid, illegal or unenforceable, the
validrty, 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 ohligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of performance due
to force �najeure 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, lockouis, national disasters, wars, riots, rnaterial or labor restrictior�s by any governmental
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
27. ENTTRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference, contains
th� entire understanding and agreement between Lessor and Lessee, its assigns and successors in
interest. Any prior ar contetnporaneous oral or written agreement is hereby declared null and void.
This Lease shail not be amended unless agreed to ir� writing 6y both Lessor and Lesse�.
��. SIGNATURE AUTHORITY.
The person signing ihis agreem�nt hereby warrants tliat he/she 1�as the legal author�ty ta
execute this agreement on behalf of th� re�pective party, and that such binding authority has
been granted by proper order, resolution, ordinance or other authorization of the entity. Each
�arty is fully enti�led to rely on these warranties and representations in entering into this
Agreement or any amendmeni hereto.
�9. CHAPTER 2270 OF THE TEXAS GOVERNMENT C4DE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited frorn entering into a contract with a cornpany for goods or
services unless the contraci contains a written verification from the company that it: (1)
does nat boycott Israel; and {2} will not boycott Tsrael during the term of the contract.
The terms "boycott IsraeI" and "company" shall have the meanings ascribed to those
T-Hangar Lease Agreemcnt
Beiween City vf Port Worth and Huffrnan Aviation, LLC.
Page 10 of 12
terms in Section $0$.001 of th� Texas Government Code. By signing this Lease, Lessee
ceriifies that Lessee's signature provides written verification to the City that Lessee: (1)
does not boycott Israel; and (2) will not boycott IsYael during the ternz of the Lease.
[Sfgnature Pages to Follow]
T-HangarLease Agreement
Between City of Fort Worth and I�uffman Aviation, LLC.
Page l 1 of 12
IN WITNESS WHEREOF�, the par�ies hereto have executed this Agreement in multiples on this
the � day of y���t�. �, 2021.
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the S'tate of Texas, on
this day personally appeared Roger Venables, known to me to b� the person whose nanr�e is
subscribed to the foregoin� insirument, and acIrnowledged to me t�at the same was the act of the
Ciiy of Fort Worth and that he executed the same as the act of the City oi Fort Worth for t�e
purposes and consideration therein expressed and in the capacity therein stated.
APPROVED AS TO FORM
AND L�GALIT�;
.` �
By.�,�"\� V � _y�.�yv✓� J �
Thomas Royce Han n
Assistant City Attorney
M&C: None Required
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r Kayser
Secretary
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T-Hangar Lease Agreement ^:,�� ���,�y�`c - � �'
BeEween City of Fort Worth �ncl Huffman Aviation, LLC. II
Page I 2 of 12 I ��� �����t q�� �
i
�" VE LJNDER MY HAND AND SEAL OF OFFICE this �r ��day oF
� , 2021.
� r-�.
Contract Compliance Mana�er:
By signing, i ac�Cnowledge that t am the person responsible for the monitoring and
adrninistration of i�s-c� tract, including ensuring all performance and reporting requirements.
. �
� � �
Barba Goodwin
Real Property Manager
LESSEE:
HUFFMAN AVIAT�ON, LLC.
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ATTEST:
C
Date: d � ' Z � ' 'Z �'LI
STAT� OF TEXA5
COUNTY OF TEXAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the 5tate of Texas, on this day
personally appeared JACOB M. HUFFMAN, known to me to be the person whose r�arne is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
HUFFMAN AV�ATION, L�[.,C. and that s/he executed the same as the act of HUFFMAN
AVTATiON, LLC. 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
✓j�v-►.r�i. , 2021.
�o,�p,PY P�j�`n CAR�La aWO�D�RRD
* * State of Texas
�9�a���'�pMyCo ���xp�es�45-$19 2024
T-Hangar Lease Agreemenl
Between City oiF'orl Worth and H�cffman Avialion, L.LC.
Page E 2 o f � 2
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� ���a�C.c�o �' �� ��
Nota�-y Public in and for the State of Texas
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AVIA17O1V
EXi-I1B1i B �IWIIVIMUM INSURANC� REQUIRE�lI�NTS
Commercial Environmental Automobile Liabiiily (To
ProFeriy Hangarkeepers Aircraft and Passenger
Cafegory General � Impairment Include Nired & IVon-owned
Insurance Lia6if Liahility Liabilil LiabRlity 6
tY Y Vehiclees)
--- _ --
Fixed BaseOperators (FBO's) Yes $5,000,000 $5,000,004 $1,QQ0,000 $ 9,000,004
Aircraft Maintenanes Operator and
Avionics or Instrumenl Main#enance `5 $1,D00,000 $1,000,400 $ 1,000,000
O erator-Piston
Aircraff Maintenance Operator rjnd
Avionics or Inslrument Maintenan�e `3 $5,0OO,OU4 $1,DOO,OOD $ 1,D4Q000
� erator-Turb9ne
Avlonics or InstriimFnt Ma�ntanan�a
'e $1,ODfl,000 $ 1,000,000
Operator (Ser�r.h worA �nlyj
Aircrafl Renfal or Flight Training '$ Z $1,QOO,OOOloccurcence
Operafor $1,OOO,000 $ 1,D40,000
*5 $ 9 00, OQO/passenger
Aircraft�#�arterorA:rcr�+! �5 $1,000,000 $�,OOO,p00/occurrence � 9,000,000
Mar�agement 4perator •5
$5DD,OOOIpassenger
Alrcrafl Sales Operator ,� $1,000,0007 $1,044,000 $'f,U00,0001occurrence
$10D,0041passenger � 1,OD4,000
•5 $1,40Q000 $9,OOD,000
Aircrafr Storage Operator
'S $5,Qp0,000 3 $5,000,000 3 $ 1,000,000
Aviation Service Sole Proprietar 'S $1,D00,400 z $1,040,OOOloccurrence
$900,Od0/passenger` $ z��'���
Otner Commercial Aeronautical $i,000,000
Acti�ities $300,0401occurrence $ 1,OOp,ODQ
TemporarySpecia]izedAviation $�,ppp,00D $3DD,000Ioccurrence $ 1,OOO,U00
Senrice Q eratar
Non-Commercial Hargar Lc�seg `5 $1,000,000 � $34Q0001occurrence $ 1,OD0,000
Non-Commeraiaf Flyl:�� Club '3 $1,000,040 � $1,OOO,U041occurrence � 1,0OO,ODp
$100,ODD1 assen er
Non-Commercial Self-Fueling ,5
Permifee Jet Fuel andlor A as $'i.44Q004 $7,000,000 $300,d001occurrence $ 1,000,900
Non-Commercial 5elf,�::w'i: g
7
Permitee 'S $1,000,000 $500,OU0 $30�,0041occurrence $ 250,000
P,Itern�t�vs f ueis s, . n�ouas
�
Box h�angar, 7��+iar.�ar, Con:mu�°Ay "3 $9,Ofl0,000 $30D,OOOloccurrence $ 250,OOD
Nan�ar
Qther �Insurance requiremenfs sutrject to determination by Aviation Departmenl and Rislc Management.
Additional Insurance RequiremenEs
•l..essee's poEicies are io be primary to any other vaEid and collecli6le InsurancE available to the Ciry
•All policies shaq incEude a Waiver of Subrogation in favor of the Ci#y (Temporary SASO must afso irtdude Airport Lessee}
•The City of Forf Worth shalf be named as Additionel Insured (Temporary SASO must also include Alrpor# Lessee)
•Poficies shall have no exclusions by endorsement, which , neither nulli�jr or amend fhe required lines of co�erage, nor decrease lhe limits of said coverage
i Coverage per aircraft should be equivaleni to the average aircraft value at one time and caverage per occurrence should be squi+ralent Eo the average oi ihe
maximum �alue of total aircraft at one iime, bul not fess than t�e amounf r�ated above
z Must inciude Negfigent Instruction Coverage
3 if aircraft storage operaror is providing subleasing space for aircraft slorage
° Qnly required for lhose providing fligf�l instruc#ion
5 Depends on terms of fhe iease agreement
6 If vehicEe parked fandside - Slate minimums would apply
� Coverage may be provided by endorsement
Aviation Minimum Siandards, City of Fork Worth Aviation DepartmenE (061D312014)
��F1R11T1�NS:
Coverage for the Building includes (but is not limited to) the building and structures, completed addiiions to covered
buildings, outdoor fixtures, permanenfly installed fixtures, machinery and equipment. The building rr�aterial used to
maintain and service the insured's premises is also insured. Business Personal Property owned by fhe insured and
used in the insured's business is covered for direct ioss or damag�. The coverage includes (bui is not limited to)
furniture and fixtures, stock, improvemer�ts ar�d betterments, leased property forwhich you have a contractual
obligatian to insure and several other simiiar business properfy items when not specifically excluded from coverage.
The poficy is also designed to pratect the insured against loss or damage to the Persona! Properly of Others while
in the insured's care, custocEy ancE controf.
I'1i.0�'ERTY INSURANCE
Business Income (sometimes called Business Enterruption) affords protection against the loss of earnings of a
business during the tirr�e required to rebuild or repair covered property damaged or destroyed by fire or some other
insured cause of foss.
Extra Expense allows coverage for thase addifional expenses over and above norrnal operating e�enses paid due
to darnage ta covered property from a co�ered cause of loss. 7hese expenses could include rent, utilities, mo�ing
expenses, tefepho�e, ad�ertising and labor.
This coverag� protects the insured for bodily injury or property damage to the third parties, forwhich fhey are legally
liable. The policy covers accidents occurring on the premises ar away from ihe premises. Coverage is pro�ided for
injury or damages arising out of goods or products made or sold by the named insured. Coverage is affordecE far
#he named insured and employees of the named insured; nawe�er, several individuals a�d organizations other than
the namecE insured may be covered depending upon cer#ain circumstances specifiecE in the policy. In addition to the
limifs, the policy pro�ides supplemenial payments for aitorney fees, couri casts and other e�enses associated with
a c�aim or #he defense of a liability suit.
Coverage A- Bodily Injury and Property Damage Liability
COMMERCIAL GENERAL Bodiiy Injury means physical injury, sickness or disease, including death. Prop�rty Damage means physical injury
LIASILITY to #angi6le property, i�cludir�g #he resu�ting loss of use af that properfy.
Coverage B- Persanal Injury and Advertising Injury Liahilityr
Personal Injury means false arrest, mafcious prosecution, wrongful entry or eviction, libef, slander and violafions of
a person's right of privacy. Advertising Injury means libel, slander, disparagement, violations of a person's right of
�rivacy, misappropriafion and copyrigh# infringement.
Co�erage C - Medical Payments
NEedica! Payments means medical e�enses far bodily injury caused by an accident.
HANGARKEEPERS Insures the hanger operator far legal obligations to pay damages due ta loss fo an aircraft that occurs when the
aircrafi is in the care, custody or control of the insured for safekeeping, sforage, service or repair. Coverage
LTASTLITY extends to liability claims invoi�ing an aircrait's loss of use.
Insures the pollution exposure associated wifh the insured's property a�d operations, fncluding costs of cleanup and
remedial or corrective acfion due to a fhird-party demand or a gavernment order. The Pollution exclusion in general
ENVIROMENTAL fiability irosurance effectively efminates coverage for damages for bodily injury, property darnage and cleanup cosis
IMPIRMENT LIABILITY arising from most types of polfution events. Because of this, customized profection for the pollutian exposure of
numerous insureds in ihis category is essential.
Coverage geared specifically to the operation of aircraft and fhe risks involved in aviation. Aviafian insurance
policies are distinct�y different from those for other areas of transportation and tenc! to incorporate a+riation
AIRCRA�I' AND terminolagy, as well as termino�ogy, limits and clauses speci�ic to aviation ir�surance. Passenger liabilify protects
PASSENGER LIABILITY passengers riding in the accident aircraft who are injured or kifled. In many countries tt�is coverage is mancEatory
only for commercial or large aircraft. Coverage is often sold on a"per-seat" basis, with a spec�fied limit for each
passenger seat.
The IiabiliEy coverage of the Business Auto Palicy �rovides profec#ion against legal IiabiliEy arising out of the
AUTOMOBILE LIABILITY ownership, r�ainienance or use of any insured automobile. 7'he insuring agreement agrees to pay for bodily injury
(TO INCLUDE HIRED & or property damage for which the insured is legally responsibl� because of an automobile accident. The policy also
NON-OWNED VEHICLESI states that, in addition to the payment of cfamages, the insurer also agrees to defend the insured for all legal
��----� defense cost. The defense is in addition to the poiicy limits.
WAIVER OF � agreement between two parties in which one party agrees to waive subrogation rights against another in the
event of a loss. The inter�t is to prevent one parfy's insurer from pursuing subrogation against the other party.
SUBROGATION
Aviation Minimum 5tandards, City of Fort Worlh Aviation DeparEment (06I0312�14)