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CARGO CARRIEI2 OPERATING AGREEMENT
FOR
FORT WORTH ALLIANCE AIRPORT
by and between
City of Fort Worth
and
Southern Air, Inc.
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Table of Contents
ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................. 1
1.1 Basic Data .............................................................................................................. 1
1.2 Additianal De�nitions . .......................................................................................... 2
ARTICLE 2 USE 4F THE AIRPORT AND RELATED FACILITIES ....................................... 4
2.1 Air]ine Rights anc� Privileges ................................................................................. �4
2.2 Exclusions and Reseivations .................................................................................. 5
ARTICLC 3 OPERATION AND MAINTENANCE OF THC AIRPORT ................................... 6
3.1 City Obligations ......................................................•-----......................................... 6
ARTICLE 4 FEES AND CHARGES ............................................................................................ 6
A.1 Signatory Airline Landing Fees ............................................................................. 6
4.2 Special Charges--• ................................................................................................... S
4.3 Use Contingeni Upon Payment .............................................................................. S
4.4 Paymez�i ..................................................................................................................8
4.5 Scheduies and Audit .............................................................................................. 9
4.6 Security Deposit ...............................
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ARTICLE5 AFF[LIATES .......................................................................................................... I O
5.1 Airline's Designation of Affiliates ....................................................................... 10
5.2 Applicability o�Agreement to Affiliates . ............................................................ 11
5.3 Termination of Status of Affiliate ........................................................................ 11
ARTICLE 6 INDEMNiFiCATrON AND INSURANCE ........................................................... 11
6.1 Indemni�cation . ................................................................................................... 11
6.2 Insuxance ............................................................................---� �---.......................... l 2
6.3 Forms of insurance Coverage. .........--• ................................................................. I4
ARTICLE 7 COMPL[ANCE WITH LAWS ............................................................................... 14
7.1 General Laws . ...................................................................................................... 14
7.2 Airport Rules and Regulatiions ............................................................................. 15
73 Licenses, Cez�tificates and Authorizatians ............................................................ 15
7.�4 Wage Hour Laws . ................................................................................................ 15
ARTICLE 8 CIVIL RIGHT� AND ArrIRMATIVE ACTION ................................................. 15
8.1 General Civil Rights Provisions ........................................................................... 15
8.2 Compliance with Nondiscrimination Requirernents . ........................................... 15
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8.3 Title VI Claus�s for Transfer of Real Property Acquiz�ed or Im�proved
Under the Airpart Improvement Program ............................................................ 17
8.4 Clauses for Constructian/LTse/Access to Real Property Acquired Und.er the
Activity, Facility or Prograin . .............................................................................. I 7
8.5 Titie Vi List of Pertinent Nondiscrizx�inatio� Acts and Authoritfes ..................... 17
$.6 Subordination to Agreements with the Uniiec! State,s .......................................... ] 9
8.7 No Exclu�ive Rigkzts. ..........-•--� ............................................................................ 19
$.8 Right to Develop Airpor� . .................................................................................... 19
8.9 Right of Flight ...................................................................................................... 19
8.10 14 C.F.R Part 77, Obstructions in Navigable Airspace . ...................................... 19
8.11 War or Nationa� Emergency . ............................................................................... i 9
8.12 No Interference with Airport Operations ................................•--.......................... 20
8.13 SEC Rule ISc2-12 ................................................................................................20
8.14 Americans with Disabilities Act {"ADA"} . ......................................................... 20
ARTICLE 9 AIRL�NE DEFAULT AND TERMINAT[ON BY CITY ...................................... 20
9.1 Airline Default . ....................................................................................................20
9.2 City's Remedies ................................................................................................... 22
9.3 Termir�ation ..........................................................................................................22
9.4 The City's Right to Perform . ............................................................................... 23
9.5 Airline's Rights Related to Termination .............................................................. 23
9.6 Banl{ruptcy ...........................................................................................................23
ARTICLE I O AIRPORT DEFAULT AND TERMINATION BY AIRLINE ............................ 23
10.1 Events of Default . ..................................................�............................................. 23
10.2 Aixline's Remedy ................................................................................................. 24
ARTICLE 11 ENVIRONMENTAL ............................................................................................24
1].1 Airline Representations, Warraniies, And Covenants . ........................................ 25
11.2 [nformation to be Pz�ovided io the City . ...............................................................25
1. �.3 Response and Compliance Actions ...................................................................... 28
11.4 Correction of Ezavironfnental Non-compliance .................................................... 30
l 1.5 Corrective Action Process .................................................................................... 31
f l.6 Ei�viromx�ezatal Inde�nnifcaEion and Reimbursement .......................................... 31
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11.7 Limitations ...........................................................................................................32
I1.8 Waiver ................................................. 32
1 I9 Survival of Environmental Provisions . ................................................................ 33
11.10 Resource Conse�vation arzd Recycling . ........................................••---.................. 33
ARTICLE 12 ASSIGNMENT ..................................................................................................... 33
ARTICLE 13 MI�CELLANE�US PROVZSIONS ....................................................................33
13.1 Nature of Agreement ............................................................................................ 33
Z3.2 Governing Law and Venue . ................................................................................. 33
133 En�ire Understanding . .......................................................................................... 3A�
13.4 A�mendments ........................................................................................................34
13.5 C�mulative Righis . .............................................................................................. 3�
I3.6 Coz�.siruciion to Save Agreeznent . ........................................................................ 34
13.7 No Waiver ............................................................................................................ 34
13.8 ReIationship of Parties . ........................................................................................ 35
13.9 No Third�Party B�ne�ciaries ............................................................................... 35
I3.10 Successors and Asszgns ........................................................................................ 35
13. ll Labor Disput�s ..................................................................................................... 35
13.1.2 �'orce Majeure . ..................................................................................................... 35
13.13 No PersonaI Liability ........................................................................................... 35
I3.14 Acceptance of Payments . ..................................................................................... 36
13.15 Attorneys' Fees . ...............................:................................................................... 36
13.16 Taxes ....................................................................................................................36
13.17 Memorandum of Lease . ....................................................................................... 37
I3.1$ Approval or Consent . ........................................................................................... 37
13.I9 Time of ihe Essence . ............................................................................................ 37
13.20 Notices .................................................................................................................37
13.21 Counierpaxts .........................................................................................................37
I3.22 Capacity to Execute . ............................................................................................ 37
13.23 In.corrporatioz�. of �xhibits . .................................................................................... 38
13.24 Trtles ....................................................................................................................38
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I3.25 Other Agreements . ............................................................................................... 38
J 3.26 Agreernent Not to Grant More Favorabl� Terms ................................................. 3S
13.27 Agent for Service . ................................................................................................ 38
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THIS Ct�.RGO CARRICR OPERATING AGREEMENT {this "Agreement"} is made by
and b�tween the CITY OF FOI2T WORTH, TEXAS, a k�oxne-t•ule city and poIitical subdivision
of ilae State o� Texas (the "Cily") and SOUTHERN AIR INC. a corporaiion organiced and
exisiing under tf�e Ia�x+s of the State of Delawaz•e and authorized to do business in the State of Texas
("Airline").
WITNCSSETH:
WHEREAS, the City, is tl�e owner of the Fort Worth Alliance Airpori, locaied in Ta�rant
and Denton County, Texas (the "Airpart");
WHEREAS, the City has the right to license the use of property and faciliiies on ihe Aixport
and has ihe full power and authority to enter into this Agreement in respect thereof;
WHEREA�, the City has entered into an operating agreement, dated as of January 1, ] 99�4
and subsequezatly amended with Alliance Air• Seivices, a Hillwoad Company (the "Airport
Operator"), for the management, operation and maintenance of the Azrport;
WHEREAS, Azxline is engageci in the business oitransportation by air of property, mail ar
cargo; and
WHEREAS, Airline cEesires fio obtain certain rights, services and privileges in connection
with the use of the Airport and its faciIities, and the City is wilIing to grant t1�e same to Airline
upon the terms and conditions in this Agreement.
NOW THEREFORE, �or and in consideration of the mutuaI covenants and ageeements
herein contained, the City and Airline do hereby mutually undertake, proinise azad agree, each for
itself and its successors and assigns, as follows:
Article 1 DEFINITIONS AND EXHIBIT�
I.1 Basic Data
Each reference in f,his Agreement to any of the following subjects incorporates the
znforanatton specified below:
City:
City's Overnight Delivery and Street Address:
City af Fort Worth, Texas or its designee.
4201 N. Main Street, Suite 200, Fort Worih,
Texas 76106-2736; with a copy to Ciiy
Atlorney's Office, 200 Texas Street, Fort
Worth, TX 76i 02.
City's Post Office and Payment Address:
Airport Operator:
4201 N. Main Street, Suite 200, �'orl Wortk�,
Texas 76106-2736.
A�lzance Air Services
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Airport Operatar's Overnight Deli�ery/Street Address: 2221 Alliance Blvd., Suite 100; Foz�t
Worth, Texas 76I77.
Airpo�t Operator's Post Office and Payment Address: 2221 Aliiance Blvd., Suite ] 00; Fort Worth,
Texas 76177.
Azx�li�e:
Southern Air Inc.
Airline's Overnight Delivery and Street Address: 2000 Westck�este�� Avenue, Pu�chase, NY
�OS77
Agreement: This Cargo Carrier Operatiing Agreetnent as the same may be amended or
supple�nented fiom time to time pursuant to the terms her•eof.
Effective Date: 12:00 AM Central DayIight-Sa�ing Time, April 1, 2021.
Term: The pet•iod of tirrte beginning on the Cffective Date and ending on the
Expiration Date, unless earlier terrzainated as provided in this Agreement.
Notwithstanding anything set forth herein lo the contk•ary, bath Airline and
City shall be entitled io terminate this Agreement without cause at any tiirie
duri�g the Term upon twelve {12) months writtez� notice to the other party
hereio, such termination to be effective at the end of the twelve {12) zx�onth
notice period. Notwiihsianding ihe above, Airline may cease operatians at
the Airport witf�out pro�iding such notice.
Expiration Date: 11:59 PM Central Daylight-Saving Time, March 31, 2041.
Perrnitted Uses: As provicled in Ar-ticle 2.
Security Deposit: � As provided in Section 4.6.
1.2 Additionalllefnitions.
The following words, terms and phz•ases wherever used in this Agreement have the
fiolIowing meanings:
Affiliate means a Catgo Carrier that is (i) a parent or subsidiary of Airline o� u�dec the
same parental control as Airline, (ii) otherwise operaies uzadex esseniially the same trade name as
Airline at the Airport and uses essentially the same Ii�ery as Airline; or {iii} opezates cat•ga feeder
flights at the Airport under the direciion and control of Airline. Airline shall �rovide the Airpo�rt
Operafior with advance written noiice prior to designating a nevv Affiliate. A�rline shall provide
the City with advance written notice prior to the cancellation of any designation of an 1�.f£'iIiate
�e%re the cancellation of such designation.
Air Trans ortation Business mea:�s t�aat business operated by Airline at the Airpa�rt for the
commercial transportation by air of property, mail ar cargo.
Airfield means the runways, ta�iways and pubIic parking aprons at the Airport.
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Airline Entity means Airline's employees, coniracioxs, subcontractors, agents, licensees,
sublessees, Affiliates, ve�doz•s, invitees and oth�r parties under Airline's direction or control that
come onio the Airport in connection r�viYh Airline's use or occupancy of the Airport.
AiYpOYi means the realty and iinprovements generally known and de,si�;nated as the Forfi
Worth Alliance 1�irport, including all real propet�y and easements, improvements and
appurienances the��eto, structures, buildings, fixtures, inachinery, equipznent, vehicIes, supplies
and other tangible persanal properry, or interest in any af the %regoing, now or hereafter leased or
acquized lay the City, less any thei•eof which may be consumed, sold or otherwise disposed of. A
depiction of the ph�sical layout of the Airport as of the Effective Date is set forth in Exhibit A.
At�'port Rules and R��u�ation_s_ means, collectively, alI applicable rules, procedures,
requirements, standards and regulations currently effective and hereafter amended, adopted or
estabIished by the City that are applicable to the Airpo�t, including witho�t limitation any
minimum use standards and aperating standards as wel� as any requirements �isted in any access
permit issued to Amazon.com Services, Inc., all of which are incorporated inta and made a part of
this Agreement, as wel� as the rules and procedures in Exhibit B; pt^ovided that such Airport Rules
and Regulations da noi conflict with applzcable provisions of state or federal law or the provisions
of this Agree�nnent and are enforced in a nondiscriminatory rnanner. The City shall provide at least
thirty {30) days' advance written notice of any new or amended Airport Rules and Regulaizons
affecting Airline.
Applicable Laws rr�eans, collectively, all applicable present and future laws, rules,
regulations, ordinances, orders, directives, notzces, federal gran� assurances, Iimitations,
resirictions, or prohibitions of any federal, state or lacal govei�nn�ental authoeity lawfully
exercising authority o�er tl�e Airpori or the activities and business operations of Airline, as they
may be aix�ezaded frorr� time to time, whether foreseen oz uzaforeseen, ordinary as w�ll as
extraordinary, incIuding without izx�plied limitation those relating to (i) health, sanitatzon and
safety; (ii) the environment, including r�vithout limitatiozz all �nvironmental Laws; (iii) acces� for
persons vviY.h disabilities, including without limitation ihe Americans with Disabilities Act of 1990,
42 U.S.C. §§ I2101 et seq.; and (iv) airport security, including without limitation tl�e regulations
of the TSA, 49 CFR Parts 1540, 1542, 1544 et seq.
Car�o Carrier means a carrier certif cated by the Secretary of the U.S. Departtnent of
Transportation as a Cargo Carrier under 49 U.S.C. § 41103.
Claims means any and all liabiliiy, damages, losses, expepses, clairns, judgznents,
demands, pez�aliies or fines, including without limiiation reasonable attorneys' fiees and court casts.
Consumer Price Index or CP� means the Cons�xmer Price Index for All Urban Consumers
(CPI-U), U.�. City Average, AlI items (adjusted 1982-84 = 100) publislied 6y the Bu�-eau of Labor
Statistics of the United States Department oiLabor, or a comparable index should the Department
of Labor cease to publish ihat index.
DF3S rrzeans the Department oiHomeland �ecuriiy, and its authorized successor(s}.
k'AA means the Federal Aviatian Adininistrat�on, and its authorized successor(s).
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riscal Year means the annual accounting period used for general accouniing purposes
which, at the time of entering into this Agreement, is �he periocE of twelve consecutive months
begin:ning with the first day of Octob�r of any year.
Landin� Fees ineans fees paid by Airline in accordancc with Section 4.1.
Landin� Fee Rate means the rate used to calculate Landizzg Fee �n accordance with Section
4.i.
Maximum Gross Landed Wei�_ht_ �neans the nc�a�itx�uzx� gross lancling weight in one
thousand-pound units, at which eac� aircraft operated at the Airport by Airline is ce�ti�cated by
the FAA.
Non-Si n� ataa-v Airline means any Cargo Cari-ier that is not a Signatory .f1.z�Iine.
Si ng atory AirIine rr�eans a Cargo Carrie� that has executed an operating agc�emeni with the
City substantially sirzailar to this Agreement and provides regularly schedLiled service at the
Airport.
TSA tneans the Transportation Security Administration, and its auihorized successor(s).
Additinnal words and phrases used in this Agreement but not defined herein have their
usual and customary meaning.
Article �. USE OF THE A�RPORT AND RELATED FACILITIES
2.I Airline Rights and Privileges.
In addition to all rights granted elsewhere in this Agreement, Airline shall laave the right to
u,se, in cornmon with others so authorized by the A.irpoz-t Operator, areas, �'acilities, �quipment and
improvements at tkze Airport for the operation af Airline's Air Transportatian Business and all
activities reasonabIy necessary to such opez�ations, including bufi not iimit�d to:
2.1.1 The landing, taking off, flying over, taxzing, and towii�g oi Airline's
aircraft in areas designated by Airpoirt Operatot•; provided, however, Airline shall not perrnit the
use of the Airfield by any aircraft operated or conEr•olled by Airline which exceeds tI�e design
strength or capability of the Airfield as described in the then-current FA�1.-appz•oved Atrport
Layout Plan �ALI') ar otl�er engineering evaluations pe�rformed subsequent to the then-curreni
ALP, including the then-current Airport Certi�'ication Manual, provided that such evaluations are
provided to Airline upon Airline's request.
2. ]..2 The �-aining of personnei in the employ of ox to be errtployed by Airline
and the testing of aircraft and other equipment being utilized at the Airport in the operation of
Airline's Air Transportation Business; provided, however, said training and testing sl�all be
incidental to the use of the Airport in t�e operation by AirIine of its Air Transporiation Business
and sk�all not unreasonably harnper or interfere with tk�e use of the Airport and its facilities by
others entiiled to the use of same. The Airpart Operator reserves the righl to rest�rici or prohibii
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such iraining and testing operations if it reasonably deems that such training and testing operations
unreasonably interfeies with the use oithe Airport.
2.1.3 The servicing by Airline or its suppliers, of aircraft and other equip�nent
being utilized at the Airport by Airline a�thorized by the Airport Operaiar in writing a�d at
Iocations designaied by the Airport Operaior.
2.1.4 Access to the Airport irom an off airport p�•operty, Sub�ect t0 an acCesS
pe�zxiit issued by the Ciiy to Amazon.conr� Services, Inc., i�'applicable.
2.2 Excl�sions and Reservations.
2.2.1 Nothzng in this �_rticle 2 shall be construed as authorizing AirIine to
canduci any business separate and apart fi•om the conduct of its Air Transportation Business.
2.2.2 The City shall at aIl tiz�nes have exclusive control and manageinent of the
Airport.
2.2.3 Airline shaIi not knowingly interfere or lcnowingly permit interference
with ihe use, operation ar maintenance ofthe Airport, including but not limited to, the effectiveness
or accessibility of the drainage, sewerage, water, communications, �re pz�otectzon, utiliiy,
electrical, or oYher systems installed or located from time to time at the A�rport.
2.2.4 As saon as reasonably possible after re�ease from proper authotzties,
Airline shall (i) remove or cause to be removed any of its disabled aircraft frorn the Airfield, and
{ii} place any such disabled aircraft iri Airline's off-Airport leaseholc! or in such storage areas as
�ay be designaied by the Airport Operator. In the event Airline fails to remove any of its disabled
aircraf� as expeditiausly as reasonably possible, Airport Operator may, but shall not be obligated
to, cause the removal of such dlsabled aircraft; provided, however, ihe Airpo�rt Operator shali give
Airline prior �ritten notice of its intent to do so and provided fut�ther that Airpori Operator shali
use reasonable efforts to remove such aircraft. Airline shall pay to the Airpart Operator, upon
receipt of invoice, the reasonable and docuznented out of pocket costs actually rncurred by the
Airport Operator %r such removal plus tweive percent (12%).
2.2.5 Airline s�aall not do ox pern�it to be done anything, either by act or failure
to act, that causes the cancellation ar violation af the provisions, or any part thereof, of any policy
of insurance fox the Airport, ot� that causes a hazardous co�dition so as io incxease the risks
normall� attendant upon operations permit�ed by this Agreement, provided that the Airport
Qperator has previously provided the Air�ine with the ir�surance poIicies. If suc� Airlizae act, or
failure to act, causes cancellaiion of any policy, then Airline �hall immediately, �pon noti�cation
by Airport Operator, da whatever is necessary to cause reinstatement of said insurance.
Furthernzore, if Airline shall do ox pexmit to be done any act not permiited under this Agreemeni,
or fail to do any act required under this Agreement, regardless of whether such act constitutes a
breac� of this Agxeezxier�t, which causes an increase in City's insurance prerr�iu�ns, 11.irline shall
immediateIy remedy such actions or pay the increase in premiums, upon noticc from the Airport
Operator ta do so.
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2.2.6 The rights and privileges gra�ted Airline pursuani to this Article 2 shall
be su6ject to any and all Airport Rules and Rcgulations and the othe� pravisions of this Agreeinent.
2.2.7 Any and aIl rights and privileges not specifically granted to Arrline for
its use of and operations at the Airport pursuant to this Agreement are her�by reserved for and to
tkze City.
Article 3 OPERATION AND MAINTENANCE OF THE AIRPORT
3.1 City ObIigations.
3.1.1 The Ciry shal�, with reasonable diligence and using adeq�ate qualified
personneI, pt•udently develop, irr�prove, and at all times maintain and operate ihe Airpart, and �Ceep
the Airpor� in good repair.
3.1.2 The City shall use reasonable efforts lceep the Airport and its aerial
approaches free from ground obstruction for the safe and proper use thereof by Airline to the extent
that the City has ownership of the land containing the gronnd obstruction.
3.1.3 The City shall maintain and operate ihe Airport in accordance vviYh FAA
certification requirements, including 14 CFR Part I39, and mainta�n adequate rescue and
firefghting equipment and personnel to nneet such �'AA certification requirements which meet or
exceed the activity level o�Airline's aircraft using ihe Aieport.
3.1.4 Tk�e Airport shall be fiilly operationa124 houxs per day, 3b5 days per year
(366 days per year during Ieap years), unless Airline agrees in writinb to a reduced operating
schedule.
3.1.5 Subject to 3.1.6, the Ciry shall not restrict Airline's night operations,
subject to Applicable Laws.
3.1.6 At the reasonable z�equest of the City ox Aizporrt Operator, Airizne shall
work with City and, to the extent necessary, the FAA to address IocaI noise concerns.
3. ].7 The City shall not be liabie to Airline for temporary failut�e to fut•nish alI
or any of such services to be provided in accordance vvith this Agreement when due to mechanical
breakdown or a�y otk�er cause beyond the reasonable controi ofthe City.
Article � FEES AND CHARGES
4.1 ,Signatory A�xliz�e Landing Fees.
4.1.1 Signaiory Airline Landing Fee Rate for Aircraft Over 40,000
Pounds. For aircra#i: weighing over 4�,000 pounds, Airline shall pay Signatory Airline Landing
T�ees for its use of the Airf'ze�d based o�a the Maxixnum Gross Landed Weight of Airli�e's aircraft
landing at the Airpart multiplied by the Signatory Airline Landing Fee Rate.
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(a}The Signatory Airline Landing Fee Rate for ApriI 1, 2021 through
September 30, 2422, is $1.G5.
�b) For each subsequent Fiscal Year, the Signatory Airline
Landing Fee Rate for that Fiscal Year shall be adjusted by multiplying the Signatory Airline Land-
ing Fee Rate for the prior Fiscal Year by the percentage change in the CPI betr�veen the previous
i 2 month period from July 1 tl�rough June 3�. For example, the Signatory Airline Landing Fee
Rate for the second riscal Year (October 1, 2022 through September 30, 2023} is calculated by
multiplying the prio� Fiscal Year Landing Fee Rate of $1.65 by the percentage change in the CPI
from July 1, 2021 through June 30, 2022.
4.1.2 Minimum Signatory Airline Landing Fee for Aircraft Weighing
40,000 Pounds or Less. Fo� aircraft weight �0,000 paunds ot• less, Airline sha�l pay the Minirnum
Signatory Ait-line Landing Fee for each �anding at �he Airparr.
{a)The Minimum Signatory Airline Landing Fee frorn April I, 2021
tl�rough Sepiember 30, 2022 is $70.00.
(b} For each su�sequent Fiscal Year, the Minimum Signatory
Airline Landing Fee for that Fiscal Year shal� be adjusted by nr�ultipiying ihe Mintrnum Signatory
Airline Landing Fee for the prior Fiscal Year by tlze percentage change in the C�I for the previous
12 month period from July 1 through June 30. For exaznple, tk�e Mz�imum Signatory Aixline
Landing Fee %r the second Fiscal Year (Oc#ober l, 2022 tY�rough September 30, 2D23) is caicu-
lated by �nnultiplyi�g the prior Fiscal Year Minimum Signatory Airline Landing Fee of $'10.00 by
the percentage change in the CP[ from 7uly 1, 2021 ihrough June 30, 2022.
4.1.3 Non-Signatory Airline Landing Fees and Alternative Signatory Air-
line Landing Fees.
{a) Any Airline conducting cargo operations at the Airport without �n-
tering into a separate Cargo Carrier Agreement such as this Agreenraent with t�e City shali pay
"Non-Signatory Airline Landing Fees," incluc�ing a Non-Signatory Airline Landin� Fee Rate and
Non-Szgnatory Airline Minimuin Landing Fee. Non-Signatory Airline Landing Fees sha11 be set
and pubiished each Fiscal Year by the City.
{b) [n any given Fiscal Year, if either the Non-Signatory Airline
Landing Fee Rate of Non�Signatory Airline Minimurn Landing Fee muliiplied by 0.85 {the "AI-
ternatzve Szg�aiory Airline Landing Fee") is less than the corresponding Signatory Landing �'ee
caiculated under �ections 4.I.1 or 4.1.2, the City shall charge Ai�•line the 1�.lternaiive Signatoz•y
Airline Landing Fee in lieu of the Landing �'ee for that Fiscal Year.
4.1.4 A�nual Notice of Revised Landing Fees. No later tk►an Septembei- 1 of
each year, the Airport Operatar shaIl provide written notice to each Signatory Airline of the next
F'iscal Year Signaiorry Aixlin�e Landing Fee Rate and Signatory Airline Minimum Landing Fee, to
be ef%ctive October 1 af that year. ,
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4.2 Special Charges.
The City may alsa charge Airiine for and Airline agz•ees to pay witl�zn thirty (30) days after
receipi of an in�roice ft•orr� the Ciiy or Airport Operator:
4.2.1 Parking on the public ramp. The parkir�g fee on the Effective Date will
be included ir� the City's Schedule of Rates and Charges which may be revis�d annual�y by the
City.
4.2.2 Special licenses and special permits for activities and uses of the Airport
that are not covered by this Agreement that aie cequested by Airline;
4.2.3 Special services requesled by Airline;
4.2.4 Costs for removing disabled aircraft as specifed in Section 2.2.4;
4.2.5 Reasonable, documented, out of pockei costs and e�penses actually
incurred by or on behali oithe City or Airport Operator plus twelve percent (12°/o) (after the giving
af notice and the e�piration of any applicable curre periods as pravicled in Section 9.1 of this
Agreement) to remov� lit�Er, debris, refuse, petroleum products (including oil and grease) that
result fram ihe activities of Airline or its Affiliaies, employees, agents or suppliers at the Airport;
and
4.2.6 Any other reasonable, documented, out of pocket costs and expenses,
plus twelve percent {12%), incurred by or on behalf of the City or Airport Operator as a result of
any iailure by Airline or its Affiliates to perform their duties and obligations under thfs Agreement
or the Affiliate Operating Agreement (after tE�e giving of notice and the expiraiion of any applica-
ble cure periods as provided in Section 9.1 of this Agreem�nt).
4.3 U�e Contingent Upon Payment.
The grant of the righi, licenses, facili�ies, set`vices and privileges io Airline under this
Agree�nent sI�all, in each case, be subject to the payfnent of the Landin� �'ees.
4.4 Payment.
4.4.I On or be�ore the 10� day of each month, Airline shall submit to the
Airpo� Operator a"MonYhly Landing Report" in the form of Exhibit C repo�ting its landing
activity for the prior month. The Airport Operator shall have the right to rely on the Monthly
Landing Report in deiermining Landing Fees due from Airline uzlder this Agreement; provided,
however, Airlin� sha�l llave full responsibility for the accuracy of the report.
4.4.2 Axrline sk�all pay, wiihout invoice firo�xa t�e Airpori Operator, on ar before
the l Oth day af each rrionth the Landing I'ees for the prior month in an arr�ount equal ta the Landing
Fee Raie rr►taltiplied by the Airline's Maximum Gross Landing Weight far aiI aircraft Ianding at
the Airport duri��g the prior month, as reported in the Monthly Landing Reporl.
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4.43 All payments due and payable hereunder shalt be paid in lawfui money
of t�e United States of America, without set off, by elEctronic transfer as follows:
Account Name:
Account Number:
ABA Rouiing (WIRE)
ABA Routing {ACH):
Bank Name:
Alliance Aviatioz� Ma�agement, Ltd,
488020289876
02b009593
1II000025
Bank of America
Branch Address: Dallas, TX 75202
Remittance Eta�ail: Sherri.Simpson@Hillwood.com; and
Monica. Wix clzek@Hillwood.com
4.4.4 After notice of delinquency to Airline and failure of Airline to cure the
d�linqu�ncy through payment rx�ithin 30 days frorn the date of the notice of delinquency, City may
iznpose a delinquency charge on all overdue paym�nts at a rate that is the greater of eiiher a IO%
interest rate or the current Wall Sireei Journa� Prime Rate plus one percent (1%}.
4.5 Schedules and Audit
Llpon e�ecution of this �.gteezneni, Ai�•line shal� provide the Airport Operatar witn its
schec�ule of aircraft operations for Airline and its AffiIiates ("Schedule"). Airline shall provic�e tk�e
Airport Operator with an updated Schedule any time there is a change to the scheduled operations
ofAirline or its Aftiliates that would affect the assessment of Landing Fees. Airline shal! maintain
separate and accu�ate daily records oiAirline's operations at the Airpor� for a period ofthree (3)
years after the close of each Agreement Year throughout the Tertn. This recard-keeping obligation
shall suxvive the expiration or earlier termination af this Agreement. AlI such boolcs and records
shaFl be kept in accordance r�vith gene�ally accepted accaunting principles, consistently appIi�d,
showing in detail aIl business done or ir•ansacted in, on, about, from or p�rtaining to the Airport,
and shail be suf�cient to permii ihe City to calculate anc! veriFy fihe Landing Fees and other fees
and charges due undea• this Agreement. Upon the City's or Airport Operator's written requesi,
Airline shall txaa�e available at f:he Airport to the City or Airport Operator ar therr auditors any and
aIl bool�s, records and accounts periaining to the calculaiion of the Landing Fees and other fees
and charges due under this Agreemcnt. In the event City, Airport Operator or tlaeir auditor(s)
demonstrates an underpayment of cuzxzulati�e fees and charges of two percent (2%) or more for
the previo�is three (3) years,l�irline shall pay to City or Airport Operator the cost of any review ar
audit.
4.6 Security Deposit.
4.6.1 Posting of Seeurity Deposit. On or befor� #he Effective Date, Airiine
shall provide to the City a Security Deposit in an amouz�i equal to the esiimate ofthree (3} months'
Landing I'ees and in the form required under Section 4.6.3. As of the Cffective Date, the Securiiy
Depasit is FORTY�FOUR THOUSAND EIGHT HUNDRED NINETY-NINE DOLLARS AND
rORTY-SEVEN CENTS ($44,899.47). The Security Deposit shall be held 6y the Ciiy and used
to reinedy Airline's defaults in the pay�ent of Landing �'ees and other fees and charges due under
this Ag�eement or which otherwise arise as a result of Airline's operatians at the Airport.
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4.6.2 1"ncreases to the Security Deposit. The City may inerease the amount of
the Security Deposit �t•equired under Seciion �.6.1 d�aring the Term if a��d when Airline changes its
operating schedule in a manner that increases the estimate of three (3) months' Landing Fees t.�at
formed the basis for the Secuz•iiy Deposit then in effect by more than ten percent {1 �%). Any such
increase in the Security Deposit shall be limited to Yhe t1�en curren� estimaie of three {3) monihs'
Landing Fees. .Ir� the event of af� increase, Airline shall compIy with tl�e new �ecurtty Deposit
requirement wit�in thirty {30) days of receipt of r�+ritten notice by ihe City.
�4.6.3 Standby Letter of Credit Requirements. The Securiiy Deposii shaIl be in
the forrn of an irrevocabte standby letter of credii drawn on a ba��C having either a branch in Tarrant
County or a banlc ihat allows the Letter of Credit to be presented by facsitnile. The banlc is required
to have a long-term, letter of credit rating and ba�k deposit rating fram two (2) of the three (3)
rating agencies of at least A2/A/A by Maody's Investor Services, Standard & Poor's ancE Fitch
lZaiings, respectively. The letter of credit shal� be in a form approved by 1:he City.
4.fi.4 Duty to Nfaintarn Secu�^ity Deposit - Default. Airline ,shall nr�ainiain the
required Security Deposit conti�uousiy throughout the Term. Failure to da sa shall b� deemed a
default and shall be grounds, at City's discretion, upon ten (10) days' written �oiice unless the
default is cured, for irtamediate termination of this Agreeinent.
4.6.5 Duty to Rebate. The Secutity Deposit or the remaining portion thereof
followi�g any draws on the letter oicredit by City shall be rebaied, reIeased, assigned, surrendered,
or endorsed to Airline, as applicable, no later than ninety (90} days after the lafier oi: {1) termination
of this Agreement; {2) issuance of a close-out audit by the City or Airport Operator; or (3} payment
of all outstanding annouz�ts awed the City under this Agreement.
Articte 5 AFFILIATES
5.1 Airline's Designation of Affiliates.
Subject to the provisions of this Article 5, Airline zxzay deszgnate one or more AffiIiates to
operate at the Ait•port. Tn ihe event Airline designates an Affiliate, the follovaing provisions apply
to Airline and its Affiliates:
5.1.1 Airline's designation of an Affiliate shall not be effective until �.irline
has first {a) notified the Airport Operator in writing that Airline intends to designate tl�e Affiliate;
(b) ensured that the Affiliate has entered into an Af�liate Operating Agreezx�eni with ihe City in
substantia�ly the saine form as that attached as Exhibit D; and {c) confirmed for the Airport
Operator in writing that Airline will pay to the Ciiy alI of the Aff l�ate's Landing Fees and ather
fees and charges due to ihe City on account af fihe Affiliate's use of any AieporE facilities as a�
Af�Iiate of Airline, as provided in Section 5.1.2. Aiz•lzne's designation of an Aff liate is subject to
tlae City's approval, which shall not be unreasonabiy witihheld.
5.12 Airline shall pay to City aIl Landing rees and other fees and charges due
under ihis Agreement due to City on account �f the Affiliate's use of any Airport facilities, and
shall submit to City all repo�t,s detai�ing each Affiliate's use ofi any Airport facilities or s�rvices as
aza Aff liate of Airline in accordance with Section 4.4; provided, however, thai boih Airline and
the Affiliate shall t�emain jointly and severaily Iiable to City for the payment of aIl Landing Fees
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and other fees and charges, and th�e submission of all reports, that are due to City on account of the
Affiliate's use of any Airport faciIities or serv�ces a� an Afiiliate of Azrline.
5.2 Applicability of Agxeement to A��liates.
For so long as Airline and its Affiliates have complzed witla the pay�xaent and repor�ing
obligations under Art�cle 4, then each Affiliate shall have the same rights as Airline with respect
to iis use of the Airport.
5.3 Texmi�ation of Status of Affiliate.
A Cargo Carrier's status as Af#iliate of Airline rr�ay be te�minaied by Airline upon not less
than thzrty (30) days' wr�tten notice ta City. Airline's liabiliiy to City for the payment of all
Landing Fees and other fees and charges d�ie under this Agreement, and the submission of all
activity reports, that are due to City on account of the use of Airport facilities ar services by
Airline's Afiiliaies shall surrvive any termination of Affliate status; pNovided, however, that
Airline shall only be responsfble for such payments and reports related to the terminated Affiliate's
operations befort•e its proper termination by Ai�•line tool� effect.
Article 6 INDEMNIFICATION AND INSURANCE
6.1 Inde�nni�ca#ion.
6.1.1 Except for Claims for envzron�x�ez�ial matters (which are the subject of
the indemnzfzcation obligation under Ar�icle 11}, Airlin� shall, ta the fullest exient permitted by
law, defend, indemnify and hold haxn�less the City and the Airport Operator and their boards,
of�cers, of�cials, directars, employees, volunteers and agents (each and "Indemnified Party")
frorr� and against (i) Claims ariszt�g directIy or indirectly froin any act or omission {incIuding
without limitation express negligence) of AirIine or Airline Entity or out of the obligai�ons
under�alcen in connectzo� with or the performance oithis Agr�ement, or {ii} for Claims based upon
Airline's alleged breach of any statutory duty or obligation o:r Airizne's duty under contracts with
third parties, orr {iii) Claims arising iroin any use of the Airport by Airline or Airline Entities
exce�t, io the extent those Claims axise oui of the negligence or will�ul misconduct of the City or
Airport �peratar. The obligations in this Ariicle shail apply for ihe entire time that any third pa�rty
can legally make a claim agaizzst o�' sue ihe City or Airport Operator for liabilities arising out of
Air�i�e's use, occupancy, or operation of the Airport.
6.1.2 Except for claims for environmentaI matters (which are ihe subjec� ofthe
zndemnification o6ligations under ArticIe 11), Airline shall release, defezad, indemnify, and hoId
each Indemnified Party corrtpletely harmless irom and against any Claims arising from or based
upon the acfival or aIleged violation by Airline oz� an Airline Cntity, of any Applicable Laws,
Airport Rules and Regulations or any Iicense, certificate, permit or other authorization issued under
any of the aforesaid, in connection with AirIine's conduct of its air iransportation business on or
at the Airpo�� ar use or occupancy of the Airport.
6.1.3 If Lhe City is alleged io be in non-compliance with Applicablc Laws
governing access to sec�xre areas of ihe Airport and said non-coznpliance is ihe resu�t o� or due to
the negligence or vvillful act or o�x� ission of Air�ine or an Airline Entity, and such breach of a secure
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area resuIts in a civil penalty or other action against the City, Airline agrees to reimburse the City
for aIl expenses, including reasonable attorneys' fees, incurred by the City in defending against
the civil penalt� action or other action, and fo:r any civil penalty or settlennent amount paid by the
City as a�•esu�t of being de�med in non-compliance as aforesaid. The City shall give Airline
reasonable notice of any allegaizon, izavestigation, or proposed oz• actuaI ci�il pe�alty or other
action sought for such non-compliance.
6.1.4 If any action ar proceeding is brought againsi the City by r•eason af any
Claim that rnay be subject to Airline's inde��nnification obligations containec� in this Sectian 6.1,
Airli�ae, upon reasanable notice from the City, shall resist or defend such claim, suit, demand,
action, liability, loss, damage, judgment, fine, or penalty with counsel reasonably acceptable to the
City, and the City shall talce reasonable actions to mitigate its damages.
6.1.5 The foregoing expz�ess oblzgation of indemnifcatio� shall �ot be
construed to negate or abridge any other obligation of indemnification running ta the City or an
Indemnified Party that would e�ist at cozn�x�on law or under ot�er provisions of this Agxeement,
and the extent of the o6ligation of indemnification shall not be limited by any proWision of
insurance underrta�en in accordance with this Agreernent. The City shall give Airline written
notice of any Claims threatened or made or any suit instituted against it that could res�it in a claim
of indemnification hereunder.
6.1.6 Notwit.hstanding anything to the contrary set forth in this Agreement,
neither party nor any oi its members, directors, officers, agents, repr�sentativ�s or employees shall
be liahle to the other party for any loss of business or any zndireci, inczdental, special ox•
consequential damages or lost profits arising out of or retating to this Agreement or such party's
performance or non-perfortnance hereu�der; provided, however, t�at this �ection 6.1.6 shalI not
apply to third-�arty claims far bodily injury, wrongful death or property damage arising out of ar
relating to this Agreeznent.
6. t.7 The indemnif�calion and other obligations unde�� this Seciion 6.1 shail
su.rvive the expiration or earlier termination of this Agreement.
6.2 Insu rance.
During the Term and any extension tl�ereof, Airlrtne shall, ai iis sole cost and expense,
obiain and maintain in full forc� and effect, az�d proznptly pay all �remiums, when due, for tk�e
following types of insurance in the amounts speci�ed and in the form herein pravided:
6.2.1 General L�ability �nsurance/Aviation Liability.
Airline shall maintain aviation liabiIity insurance, including general liabiliiy
insurance, in arnou�ts not less than a Combined Single Limit of $5fl0,00�,000 any one occurrence
and in thc aggregate where applicable for bodily injury (including death) to passengers and third
paz-ties and Property Damage. Coverage shali include but not be limited to Airport op�rations;
blankei contractual liability; personal i�jury, which coverage shall be $1�,000,000; procEucts and
com�leted operations; aircraft non-owneci liability; liability for vehicles on the restricted access
areas of the Aircraft Operations Area (AOA) inci�ding baggage iugs, aircraft pushback tugs,
provisianing trucks, air stait• trucks, belt loaders and ground hanga�- �Ceeper's liability. Cxplosion,
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collapse and underground property damage liability coverage's shall not be excluded from such
insurance coverage. The City and Airport Operator shall be named as additional insured.
6.2.2 Automobile Liability Insurance.
AirIine shall maiz�tain cozxizxzerczal automobzle liabiliry insurance, with a limit of
not less than $10,000,000 each accident. Such insurance shall cover liability arising out oi any
auio (inc�uding owned, hired, and non-owned auios). The City and Airport Operator shall be
nam�d as additional insured.
6.2.3 Workers Compensation.
Airline shail maintain statutory workers compensation and employcrs liability
insurance. The Iiability emp�oyer's limits for� such policy shall not be less tl�an $1,000,0a0 each
accident for bodily injury by accident or $500,000 each employee fo� bodily injuiy by disease.
6.2.4 Contractors rnsurance.
Any contractor, construction manager or other party engaged by Airl�ne or
subcontractor or other party engaged by a contractor, canstruction manager or other party tl�at is
engaged by Airline, in either case, to pex-form any construction, renovations or repairs at ihe Airport
shail obtain and maintain in ful� force and effect during any constt�iction period:
(a) A coxx�naercial gez�eral lzability insuraz�ce policy i� �xiinizxium limits,
unless otherwise specified, of $1,000,000 per occurrence for bodily injury anc! $I,000,000 per
occurrence for property damage including a$Z,OOO,OOQ generaI aggregate.
(b} An automobile Liability insurance palicy cavering owned, non-
awned and hired vehicles of least $5�0,000 per a combined single limit.
{c) A�cx�orker's compensation polrcy afPording statutory covera�e and
containing statutory Iimits and employer's Iiability insurance at limits of $S�fl,000 per
accideniJ$500,000 each employee/$500,000 policy limit.
(d) Professional liabiIity insurance shall be maintained whcn any
architect, engineer or any other professional service performs, directly ar indirecily, work for oz•
on bchatf of Air�ine at Airport or involving Airline's operations witI� a$1,000,0�0 policy �imit.
{e) Additional Coverage:
{�) Excess / Umbrella Liabiliiy {as applicable}
{ii} Within Aircraft Operatior�s Area '$10 M
(iii) Secure/Sterile Side Operations (outside AOA) $5 M
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Coverage must ap�Iy in excess af all required primary liability insutance, and rr�usi be at
least as b��oad as the u��derlying liability insurance. The City and Airport Operator shall be named
as addiiiona� insured.
6.3 Forms of Insurance Coverage.
6.3.1 Insurance requirements and limits of coverage under this Agreetnent
may be ainended by the City as a result of increased rislc, nature of wark performed, losses
sustained, and/or Ciry policy, industry and statutory changes.
6.3.2 All policies shall be written by insurance companies reasonably
accepiable to the City.
633 All policies, except for workers compensatian coverage and professional
Iiability coverage, shall designate the below tnentianed partzes as "Additional Insur•ed," either by
a"blankei additional ins�.�red" endorsement, or by specific endorsement.
"The City of Fort Wor�h, Texas and AlIiance Air Services, 1nc, and their respective
elected officials, baards, afficers, employees, agents and representaiives."
6.3.�4 All poiicies shall waive the insurer's right of subrogatfon against said
parties.
6.3.5 All policies must be primary with respect to coverage provided for the
City and the other Additional Insureds.
fi.3.fi All policies must be non-confributory witn other coverage or self-
insurance available io th� City and the other Additio�al Znsuz•eds.
63.7 AII of Airline's insurance policies sha11 contain a provision that written
notice shall be given to the City and Airport Operator at Ieast thirty (30} days prior to cancellation,
except ten (10) days for non-payment of premium. In the eveni thai Airline is notified that an
insuxer intencls ta terminate or non-renew a policy or reduce coverage below fihe requirements in
this Agreement, Airline shall arrange alternate coverage acceptab�e ta the City to cozx�ply with Czty
requirements and cause replacement coverage data to be obtained.
6.3.8 Approval, dzsappz�oval o�• failure to act by the City regarding any
i�nsurance obtained by Airline shall not relieve ihe Airltne of fulI respa��sibility or liabiIity for
damages and accidents as set forth �erein. Neitk►er shall the bankrupicy, insalvency ar denial of
liability by the insurance company e�onerate Airline from Iiability.
Artic�e '� COMPL�ANCE WITH LAWS
7.1 General Laws.
Aixline shall comply with all Applicable Laws.
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7.2 Airport Rules and Regulations
Tl�e use by Aixline of the az�eas az�d facilities desc�•ibed he�•ein and the righis and pz'ivzleges
granted Airline pursuani to this Agreement shall at all times be subject to the Airport Rules and
Regulations. AirIine covenants and agrees that it will not vialate ot• pex•mit ar�y Aiz•li�e Entzty to
violate any such Airport Rules ar�c! Regulations. The City may prescribe civil penalties and
injunctive remedies for violations thereoi, and the same may be applied to Airline for viaiations
by Airline or any Airline Entity. Airline may contest in good faiih any Applicable Laws, federal,
State or local cade, law, regulation, o�•dinance or rule, Airporl Rules and Regulations or any other
rule or regulation of t.�e City without being co�sidered in breach of f,his Agreement so long as such
contest is diligcntly commenced and prosecuted by Airline. The City shall provide at least thirty
{30) days' advance written noizce of any new or a�nended Airpart Rules and Regulation,s affecting
Airline.
7.3 Licenses, Certif�cates and Aut�orizations.
Ai�-line shali obtain, at Airline's sole expense, all licenses, certi�cates, permits and other
authorizations that are now or hereafter required by Applicable Laws ox the Airpo�ri Rules and
Regulations for Airline's operations at the Airport and Airline's e�ercise of any rights under this
Agreerrzent.
7.4 Wage Hour Laws.
Airline shall camply with all applica6le Federal, sfiate and local wage and hour laws.
Article 8 CIVIL RIGHTS AND AFFIRMATIVE ACTION
8.1 General Civil Righfs Provisions.
Airline agrees to coz�nply with pex�tinent statutes, Executive Orders and such rules as are
promulgated ta ensure that na person shall, on the graunds of race, creed, color, nationa� origin,
sex, age, or disability be excluded from participaiing in any act[vity conducted with or bene�ting
from Federal assisiance. If Airline tiransfers its obligation, the Yransferee is obligated in the same
tx�anr�er as Airline.
This provision obligates Airline for the period during which the properry is awr�ed, used or
possessed by Airline and the Airport remains obligated to the Federal Aviatioi� Adi�ninistration.
This provision is in addition to that required by Title VI of the Civil Righis Act of 19b4.
8.2 Compliance wit�i Nondiscrimina#ion Requirements.
During tl�e perfo��aance of this A�reenae�t, Airl�ne, for itself, its assi�;z�ees, and successors
in int�rest {hereinafier referred to as "Airline") agrees as follows.
8.2.1 CompIiance with Re�;ulations: Airline (het�einafter includes consultanis}
wilI comply with the Title VI List of Pertii�ent Nondiscrimination Acts and Authorities, as they
xxiay be acz�ended from time to time, which are herein incorporated by reference and made a part
of this Agree�nent.
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8.2.2 Nondiscrimination: Azrline, with regard to the worfc performed by �t
durzng the AgreezxiEnt, will not discriininai:e on the grounds of t•ace, color, or national origin in the
s�lection and ret�ntion of subcontractors, including procurement,s of xnaterials and leases of
equip�nezat. A�rIir�e wil� not partzcipate directly or rndirectly in the discriminaiion prohibited by
the Nondiscrimination Acts and Authorities, including employment practices w�e� the A�ree�xient
cavers any activiiy, project, or progra�� set forth in Appenclix B of 49 CFR part 21.
8.2.3 Solicitations for Subcontracts, Includin� �i•ocurements of Materials and
Equipment: Tn all solici#ations, eithet� by compeiiiive bidding, or negotiation tnade by Airline for
work ta be performed under a subconiract, including procurernents oi materials, or leases of
equipment, each potential subcontractor or supplier wiJl be z�otifzed by Azrline of Airline's
obligations under thrs Agreement and the Nondiscrimination Acts and Authorities on the grounds
of race, color, or national origin.
8.2.4 Informatio� and Reports: Airline will provide atl inforrr�ation and
reports required by the Acts, th� Regulations, and directives issued pursuant thereto and will pexnnit
access to its books, records, accounts, oiher sources oF information, and its facilities as may be
detet'mi-ned by ihe City or the Federal Aviation Administration to be pertinent to ascertain
campliance wit� suc� Nondzscrizr�zz�ation� Acts and Authorities and instructions. Where any
information required of Airline is in the exclusive possessioi� of another who iails or refuses to
furnish the information, Airiine will so certify to th�e City or ihe F�deral Aviation Administraiion,
as appropriate, and will set forth what efforts it has made to obtain the information.
8.2.5 Sanctions for Noncompliance: In the eveni of Airline's noncozx�pliance
with the �ondiscriminatioz� proviszons of this contract, the City will impose such contract sanctions
as it or the Fed�raI Aviatian Administration may determine to be appropriate, including, but �ot
limzteci to:
compIies; and/or
in part.
(a} Withholding payments to Airline under fihe Agreement until Airline
{b) Cancelling, termrnating, or suspending the Ag�•eement, in whole or
8.2.6 Incorpo�ation of P�ovisions: Airline will include the provisians of
paragraphs 8.2.1 through 8.2.6 in eveiy subcontract, including procurements of materiais and
leases of equiprzae�t, Unless e�eza�pt by the Acts, the Regulation� and directives issued pu�suant
th�reto. 1�irline will tal�e action with resp�ct to any subcontract or procurement as the sponsot' or
the Federal Aviaiian Adaninistraiion may direct as a nrieax�s of enforrc�ng such provisions rncluding
sanctions for noncompliance. Provided, that if Airline becomes involved in, or is threatened with
litigatian by a subcontractor, or supplier because o#'such direction, Airline may request tl�e City to
enter into any litigatron to protect t1�e interesYs of the City. In addition, Airline rnay request the
United States to enter into the litigation to protect the interests of ihe United Sta#es.
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$.3 TiNe VI Clauses for Transfer of Real Pro�eriy Acquired flr Improved Under
the Airport Ymprovement Program.
8.3.I Airline, for himsel£/herself, his/l�er heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree as a covenant x�unt�ing with the land that:
(a) In the event facilities are constructed, maintained, or othe�vise
opez•ated on tkze property described in tbis Agreexx�ent for a purpos� fof which a Federal Aviation
Adrninisiration activity, facility, or �ragram is extended or for another purpose invo�ving the
provisiore of similat• services or benefits, Ait��ine wi]! maintai� and opez•ate stich facilities and
services in compliance vvith aIl requiremenYs imposed by the Nondiscriminaiion Acts and
Regulations listed in the 1'ertinent List of Nondiscriminatian Authorities (as may be amended}
such that no person on the grounds of race, color, or national origin, �cx�ill be e�cluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the nse of
sazd facilities.
8.3.2 With respect to this Agreement, in the event oibreach oiany ofihe above
Non�d�scrirni�aation covenants, the City will k�ave the right to ter�x�inate this Agreezxzent and to enter,
re-enter, and repossess said lands and facilities thereon, and hold th� same as if this Agreement
had never been made or issued.
8.4 Clauses for Construction/UselAccess to Real Property Acquired Under the
Ac#ivity, Facility or Program.
8.4.1 Airline, for himself/herself, his/her heirs, personal representatives,
successo�s in interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree, as a covenant ru�ning with the land, that (1} no person on the ground of race, color, or
national origin, will be excluded fi'om participation in, denied the benefts of, or be othe�-wise
subjected io dzscrinn.inatioz� in the use of said fac�lities, (2) tk�at in the constructioza of any
irripravements on, over, or under such Iand, and the furnishing of services thereon, na person on
the ground of race, color, or national origin, will be excluded fi•om participation in, denied the
benefrts of, or olherwise be subjected to discrimination, {3) ihat Airline will use the premises in
compliance with all other r�quir�ments imposed by or pursuant to the List of Nondiscriminatian
Acts and Authorities.
8.4.2 With respect to this Agr-eement, in the event of breach of any of the above
nondiscrimination covenants, the City wiIl have t�e right to iernn�inate the lease and to ente� or re-
enter and repossess said land and the facilities ihereon, and hold the same as if this Agreement had
never been �ade o� issued.
S.5 Title VI List of Pertinent Nondiscriminafion Acts and �uthori�ies.
8.5.1 During the performance of this Agreement, Airline, for itself, its
assignees, and successors in interest (hereinafter referred to as the "Airline") agrees to comply
with the following nondiscrimination statutes and authorities; including but not Iiinited to:
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{a} Title VI of the Ci�il Righfis Act of 1964 (42 USC § 2000d et seq.,
78 stat. 252) (prohibits dzscri�nnination an the baszs of zace, co�ox, z�atzona� origita);
(b) 49 CFR part 21 {Non�discrimination in Federally-assisted programs
of t11e Departznent of T�•anspot�tation—�ffectuation of Tiile VT of tk�e Civil Rights Act af 1964);
(c} The Uniform Relocation Assistance and Real Property Acquisition
Polzcies Act of 1970, (�2 USC § 4601) (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid progratns and projects);
{d) Section 504 oi the Rehabilitation Act of 1973 (29 USC § 794 et
seq.}, as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27;
(e} The Age Disc�imination Act oi 1975, as amended (42 USC § 6101
etseq.) (prahibits discrirninaLion on the basis of age);
{� Airport and Airway Improvement Act of 1982 (49 USC § 47I,
Section 47123), as amended (prohibits discrimination based on race, creed, coloz�, national arrigi�,
pC S�X�;
(g) The Civil R�g�ts Restoration� Act of 1987 (PL 100-209) {broadened
the scope, coverage and applicability of Title VI of th� Civfl Rights Act of 1964, the Age
Discriinination Act of I975 and Section 50� of the Rehabilitation Act of 1973, by expanding the
deiinition of the terms "�rograms or activities" to include all of the programs or activities of tl�e
Fedexal-azd t•ecipients, sub-recipients and contractors, whether such programs or activities are
Fed�rally funded or noi);
(h) Titles II and III of the Americans with DisabiIities Act of 1990,
which prohibit discrimination on the basis of disability in the operaiion of pubIic entities, publzc
and private transportation syst�ms, places of public accornrr►odation, and ceetain �esting entities
(42 USC §§ 12131 — 12189) as zzxzpletnented by U.�. Department of Transportatian reguIatians at
49 CFR parts 37 and 38;
(i) The �'ederal A�iation Administration's Nondiscriinination statute
(49 USC § 47123) (prohibiis discrimination on ihe basis of race, color, naiional origin, and se�);
(j) Executive Order 12898, FederaI Actions to Address EnvironmentaI
Justice in Minoriiy Populations and Low-Income Popufaiions, which ezzsures nondiscrimi�ation
against minority populations by discouraging prograins, policies, and activities with
disproportionateIy high and adverse huznan health or enviro�mental ef�ecis on minority ancE low-
incofne populaiions;
(l�) Executive 4rder 13166, Improving Access to Services for Persons
with Limited English Proficiency, and resulting agency guidance, national arigin disctimination
includes discrimix�ation because of limited English proficiency (LEP). To ensure campliance wi1:h
Title VI, you mt�st take reasonable ste�s to ensure that LEP �e�sons have �neazaingful access to
your progz�axx�s (70 Fed. Reg. at 74087 to 74100);
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{l) Title IX of the Education Amendments of 1972, as amended, which
p� ohibzts you froxx� discrizzzinating because of se� in education programs or activities (20 USC 1681
et seq).
8.6 Subordination to Agreenaenfs r�vitih the United Stafes.
This Agr�ement is subject and subordinate to the provisions of any agreement hereto�ore
or hereafter made between the City and the United States, including without liza�itatioza the terzns
af any "Sponso�•'s Grant Ass�arances" ar like agreemeni, t�e execution of which is required to
enable or permit the transfer of rights or property #o the City for airport purpases, ar the expenditut•e
of federal grant funds for Airpori improvetnent, maintenance or development. Airline sl�all
reasanably abide by the requirements of agreements entered into between the City and the United
States, and shall consent to ainendmenis and modifications of Y,his Agreement if'required by such
agre�ments or if requir�d as a condition of th� City's entty into such agreements.
8.7 No �xclusive Rights.
Nothing contained in this Agreement shaIl be deemed to grant to Airline any exclusive
rzght o� privilege within the �aeanir�g of 49 U.S.C. § 40J 03(e) wiih fespect to activity on the
Airport.
8.8 Right to Develc�p Airpoxt.
The City reserves the right to further de�eiop or imprave the Airport as it sees fit, regardlcss
of the desires or view of Airline and without interference or hindrance.
8.9 Right of Flight.
There is hereby reserved to the City, its successors and assigns, for the use and bene�t of
the pLiblic, a right of flight for the passage of aircraft in the airspace above i.�e surface of Y�e
Premises. This public righi of flight shall incIude the right to caus� in said airspace any noise
inherezzt in the operation of azay aircxaft used for navigatio�a or flight through the sazd airspace or
landing at, taking off from, or operation on ihe Airport.
8.10 14 C.F.R Part i'�, Obstructions in� Navigable Airspace.
Airline agrees to cornply vc�ith Yhe applicable noti�cation and review requirements covered
in 14 Code of Federal Regulations {"C.F.R.") Part 77 ofi'the Federal Aviation RegulaLions, in the
event future consYruction of a building is covered by this Agreement, or in the event of any planned
modification or alteration of any present ar future building or si��ucture situated an the Airport.
8.11 War or National Emergency.
This Agreement shall be subject to whateve�• right the United States Goverr�rnent n�w llas
ar in the future rnay have or acauire, affecting the cont�ol, ope�aiion, regulation and takzng ovex of
the Airport or tlle exclusive o� non-e�clusive use of the Airport by the United States during the
tizx�e of war or national ernergency.
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8.12 No Interference with Airport Operations.
Airline by accepting this Agreement agrees for itself, its successors, and assigns that it will
not do or permit to be done by its officcrs, agents, �mployees, contraciors or invziees, any act o r
omission which might interfere with the landing and taking ofF of aircraft fiom the Airport ot•
otherwise constitute a hazard, or uzareasonably interfez•e wiih the conduct of busi�ess by anotk�er
airline, tenant or contt-acior of the City, or unreasonably interfere with ihe performance of'their
d�zties by the staff o£the Ciiy or by the staff of #he FAA, the TSA or any other agency of the U. S.
Government, or of the contractors thereof In the event this cavenant is breached, the City reserves
t�e righi, in addition to any other rigl�ts or remedies under this Agreement or in law or equity, to
enter upon the Premises and cause the abatement of such interference at the expense of �.irIine.
8.13 SEC Rule 15c2-12.
Airline, upan the City's request, shall provide to t�e City such infor�xiatian a,s the City zxzay
reasonably request in writing ta comply with the City's continuing disclosure req�irements under
SEC Rule ISc2-12, as it zxiay be a�xaended it�om time to time, provided, hawevex, thai Airline may,
in Iieu of providing tha rec�uested information, direct tne City to an Airline or ,SEC website where
the requested iz�fot-mation is then currentiy available.
8.14 Americans with Disabilities Act {"ADA").
Ait•line acknowledges that, pursuant to the Americans with Disabililies Act, 42 U.S.C.
Sectians �210] et seq., as amended and supplerriented (ADA}, to the extent applicable to Airline,
programs, se�vices and other activities provided by a public entity to the public, whether directly
or through a contractor, must be accessible to the disabled public. To the extent ihe ADA is so
applicable: {a) Airline shaIl provide the services s�ecified in this Agreement in a rnanne�• that
complies with the �1.DA, as appIicable, and any and a�l other applicable federal, State and locaI
disability rights �egis�ation; (b) Airline agrees not 1:o c�iscriminate against disabled persons in the
proviszoza of ser�+ices, benefits or activities �rovided under this Agreement; and {c) Airline fi�rther
agrees ihat any violation of this prohibition on the part of Airline, its employees, agents orr assigns
shall constitute a materiai breach of this Agreement.
Article 9 AIRLINE D�FAULT AND TERMINATION BY CITY
9. J Airline Defa�it.
The occurrence of any one or zx�ore o� tk�e foilowing events shall constitute an �ve�t of
Default under t:his Agreement:
9.1.1 Aix�li�e becomes insalvent {as such term is defined under Sectfor� 1 Q 1 of
the I`ederal Bankruptcy Code); or fails to pay its debts generaIly as they mature; or takes the benefit
of any prese�at or fuiure federal or state insolvency statute; or malces a general assignment for the
benefit of creditors.
9.1.2 Airline files a voluntary petition in banI�uptcy or a petition or answer
seeking an arrangement of its indeb�edness under the Federal Banlcrupicy Code or under any otlier
Iaw or siatute of the United States or of any state ther�of; or consent to the appointment of a
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receiver, txustee, custadian, liquidator ar other siz�nilar officzal, of all or substantially all of its
prope�-ty; or an order for relief is entered by or against Airline under any chapt�r of the Federal
Bankru�tcy Code.
9.1.3 By order or decree of a court, Airline is adjudged bankrupt or an order
shall be made approving a petition �led by any of its creditars or by any of its stocklaoldez•s, see�Cing
its reorganization or t�e restructuring of its indebtedness under the Federal Bankruptcy Code or
under any other law or statute af the United States or any state thereof and such order or dect•ee
shall not be stayed or vacated within sixty (60} days of its issuance.
9.1.4 A petition under any chapter of the Federal Bankruptcy Code or an action
under any fedea-al o�- state �nsolvency law or statute is £'iled against Aiz�line and is not drsmissed or
stayed within sixty {60) days after the fiIing thereof.
9.1.5 By or pursuant to, or under autharity of a��y legzslative act, resolution or
rule, or any order or decree of any cou�-i or governmentaI board, ag�ncy or af�cer, a receiver,
tr�stee, custodian, liquidaior or other similar official takes passession or GO�t10� of alI or
substantially all of the property o�'Airline and such possession or control continues in eff�ct for a
period of sixty (60) days.
9.1.6 Airline becomes a corporation in dissolution.
9.1.7 The letting, Iicense or othe� interest of or rights of Airline hereunder is
transferred to, pa,ss to or devolve upon, by operation of law or otherwise, any other person, firm,
car,poration or other eniity, by, in connection with ar as a result of any banl��uptcy, insoIvency,
tx�usteesk�ip, liquidaiion at• other praceedings or occur.rence descr�bed iza Sections 9.I.1 thz�ough
9.I.b.
9.1.8 Airline faiis duly and timely to pay any I,anding Fees anc� ather fees a�d
charges due under this Agreement when due to the Ciiy, and such failure shall continue for thirty
{30) days beyond Airline's receipt of a written notice of such breach or default from the Airport
Operator.
9.19 There occurs an assignm�nt or transfer and such assignment or transfer
is not revez�sed wzthzn thirty (30) days after written notice by the City.
9.1.10 Air�ine abar�dons the conduct of business at the
connection with this abandanment, suspend aperations for a�eriod of sixty
a6sence of a labor dispute, force majeure event in accordance w�th Sectio
governmental action in which Airline is directly involved_
Airport, and in
{60) days in the
n 23.�2 or other
9:1.11 Airline fails to obtain and maintain Yhe insurance required by Seci�on 6.2
or provide copies of the policics or c�rtificates (including without limitation tl�ose related to
renewals of �uch coverages) to th� City as xequired and, only with respect io providing copies o�
the policies or ccrtificat�s, the failure to provide the capies shall continue fo�• five (5} days beyond
Airline's receipt of a w:ritten notzce fxorn the Czty of such breach or default.
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9.1.I2 To the e�tent applicable, A�rline faiis to meet any of Airline's Security
Deposit requirements set forth in Section 4.b and such fai�ure continues for thir-ty (30} days beyond
Airiine's receipt of a written notice firozxx tk�e City of such breach ar defauIt.
9.1.13 Airline faiIs to keep, perform and obsez-ve eack� and every other promis�,
representation, covenant and agreerx�ent set fortl� in this Agreement, and sucl� failure continues for
a pexzod af mare than thirty (30) days after the Airport Opexato�•'s delivery oi written notice of
such failure or, if satisfaciion of such obligation requires activity over a period of time, if Airline
fails to corr�rnence ihe cure of such failure withzn ihzzty (30) days after Airline's receipt af such
notice, or thereafter fails to diIigently prosecute such cure, or fails to actually cause such cure
within sixty (60) days of the Airport Operatoz•'s delivery of such notice.
9.2 City's Re�edies.
9.2.1 General Reix�edies.
{a) Whenever any Event of Default occur� (other thaz� a default pursuant
to Subsection 9.1.3 upon which te�-�inaiion af this Agreement, at the City's option, shall be
eFfective itx�z�ediately witt�out furiher notice), this Agreement and all of Airline's rights hereunder
shaIl terminate if the writte� xaotice of default so pr•ovicfes.
(b} The City's action pursuant to this Section 9.2.1 shall not in any way
limit the City in the puz•suit af any other acfditionaI righi or ternedy available io the City in law or
in equfty by reason of Airline's default.
9.3 Termi�ation.
This Agt-eement rr�ay be terminated in advance oF ifis Expiration Date in ihe following
events:
9.3.1 If any federal, state or local government, or agency or inst�umentality
ihereof, takes, by condemnation or deed or conveyance in lieu thereof, t�tle, possession, or the right
to possessian of the Airport or az�y substantiai portion thereof, the City rnay, at its option, terminaie
this Agz-eement as of the date of such tal�ing; or
9.3.2 If a�y court having jurisdiction renders a decisiQn tl�ai has 6ecome final
a�d will permanently or for a substanEial pe�zod of tirne prevent the City's performance of any of
its material obligatians under this Agreement, either party hereto may ter�xaiz�aie this Agreement
by written notice. This right of termination shall be and remain effec�ive whether or not the City,
by taking affirnnative action or by inactian, could ha�ve prevented the rendering of the decision, or
could have caused the decision to be �acated before it beca�ne f naI.
9.3.3 If this Agreement is terminated u�der ihis Section 9.3, aIl rights and
obligations of the pai�ties s�all terminate (with the exception of (i) any undischarged rights and
obligations tha� accrued prior to the effective date of such terinination and (ii) any rights and
obligations that this l�.greernent expressly stat�s shaIl survive such termination).
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9.4 The City's Right to Perform.
All agreements and obligations to be performed by Airline under this Ag�•eement shall be
at Airline's sole cost and expense and withoui an� abatemeni of Landing Fees anci other fees and
charges due undez� this Agreernent.
9.S Airline's Rights Related to Termenatian.
In the event of any ter'mination based on any breach by Airline af the covenants, tei-ms and
conditions contained in this Agreement, all of Airline's rights, pawei's and privileges under this
Agreement shall cease. Airline shall have no claiin of any kind whatsoever againsi tlae City by
reason of such terminatior�, or by reason of any act by the City reIated to such iermination.
9.6 Bankruptcy.
In no event shall this Agreement or any x•igk�ts or privileges hereunder be an asset of Airl ine
under any ban�ruptcy, insolvency or reorganization,praceedings. To the extent consisteni w�ih and
permitted under the United States Bat�kruptcy Code or similar debtor relief Iaws, if Airline seeks
protection under the United States Bankeuptcy Code or similar debtor reiief Iaws, or is c�rrently
operaiin� under the protectzon of the United States Bankruptcy Code or other simi�ar debtor relief
laws, Airline shall compIy with every provision of this Agxeement as and when required undcr this
Agreement, includizag without limitation pertorming any required remediation relating to any
environmental matier pursuant to Ait�lzne's obli�;ations under Article 11 which arose prior to or
arises during the caut�se of Airline's banlcruptcy case. No Cargo Carrier will be allawed to assume
this Agreement without performzng any required remediation as part of the cut-e of any Event of
Default under this Agreement.
Article 10 AIRPORT DEFAULT AND TERM�NATION BY AIRLINE
10. I Events of Default.
The events described belaw are deemed Events of Default by �he City hereuncEer:
Z0.1.1 The Ciiy faiis to keep, perfor�aa ar observe any material te�m, covenant
or condition hezezn contained ta be kept, performed, or abserved by the City and such failure
cantinues %r thirty {30) days after receipt of written natice from Airline; or, if by its nature such
default cannot be cured within such thirty (30} day period, the Ciiy s�all �ot coxnmence to cure or
remove such default within said lhirty (3fl} days and to cure or remove the same as promptiy as
reasonably pz�acticable;
10.1.2 The Airport is closed to flights in general or to the flight� of Airline, Por
reasons other than those circl�ms#ances within Airlinc's coz�irol, and Airport fails to be reopcncd
to such flights vvithin thirty (30) consecutive days from such closure.
10.1.3 The AirporL is permanently closed as a�i air carrier airport by act of any
Federal, state, or loca� government agency having cornpetent jurisdiction; or Airline is unable ta
use Airport for a periad af at least thirty (30) consecutive days due fio any law or any order, rule oe
regulation of any governmental aulhority having jurisdiction over the operations of the Airport; or
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any courC of competent jurisdiciion issues an injnr�ction preveniing the City or Airline fzam using
Airport for aiiport p�irposes, �ar reasons athez than thase circumsLances within Airline's control,
and such injunction remains in farce for a period of at Ieast Y1�irty (30) consecutive days.
] 0.1.4 The United States Govet•nme�it or any authoriz�d agency of the same {by
executive order ot• otherwise) assurr�es the op�ratior�, control or use of ihe Airport in such a manner
as to substantially restrict Airlin� fronn canducting its operations, if sucl� restriction be continued
for a period of thirty (30} consecutive days or more.
10.2 Airline's Remedy.
So long as Airline is not in defauIt as set forth in Article 9 of this Agreement, including,
but not limiied to, payments due to the City hereunder, Air]ine may cancel ihis Agreeax�ent upon
tk�e accurrence of an Event of Default set Forth in Sectian 14. i. in such event, Airline shall serve
thirty (30) day advance written notice of cancellation to the City. A1I Landing Fees and other fees
and charges due under this Agreement shall cease as of the date of such cancellation. In addition
to the cancellation af this Agreejnent, Airline may exercise any remedy provided by law or in
equity.
Article ll ENVIRONMENTAL
Far purposes of ihis Agreerx�e�t, the foIlowing definitions shall apply to en�vironttiental
naatters:
"Discharge" means an act or orr►ission by which Hazardous Materials, Solid Waste, Process
Water, or any subsiances or materials regulated under Environmental l,aws, now or in th� fut«re,
are leaked, spilled, pouxed, depasited, or otherwise entered into vvetlands, gr•oundwatex, waters in
ihe State of Texas, or waters of the United States, or by which those substanc�s are deposited
where, unless controIled or removed, tliey may drain, seep, run, or otherwise enier said waters.
"Environmental [mpact Claim" mea�s any cIaim, suifi, judgment, penalty, fine, loss, cosi
recovezy actian, adrr�inistrative proceeding, request for inforznation (when such request is by a
governmental agency), ordez- or citation by any governmental agency, notice, cost, or expense
(including but not lirr�ited to documented costs of investigaiion, study, cleanup, removal, response,
remediai:ion, transportation, disposal, restoration, moniioring, and reasonable fees of consu]tants,
contractors, and attorncys) which arises oui of, is related to, a�leges, or is based on the ptesence,
transportation, hazadling, treatrnent, storage, or Release, dispersal, disposal, emission, escape,
Discharge, or migration of any Hazardous Material{s), Process Water, or SoIid Waste, any oiher
chemical, zx�aterial, irritant, reguIated substance, or toxic substaz�ce, whether solid, liquid, or
gaseous in nature, or which has any adverse effect on wildlife. Environmental Impact Claim shall
exclude pet�sonal injury, wrongfui death, product Iiability, and environmenial justice claims.
"En�i�onmental Indetx�nitees" has the meaning set forth in Section i0.8.
"Environmental Law(s)" means ai� existing and future federal, state, and locaI laws and
perinits, including without lixx�itation the Airport Rules and Regulations and all other siatutes,
ordinances, rules, orders and regulations relating to praiection of the environment, wiIdlife, pt�blic
health or public safety.
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"Greenhouse Gas" or "GHG" has the sazxie defi�iiion as in the Mandatory Greenl�ouse Gas
Reportizag Rule (44 C.�'.R. § 98.6 (2009)), as ii may be amended from time to ti�x�e.
"Hazardous Material(s}" means any substance regulated under or subject to Environmental
Laws: (a)the presence of which rec�uires investigation, abatemez�t, response, removal, or
remediation under any Environmental Law; or (b) that is or becomes defined as a hazardous �n�aste,
hazardous substance, toxic substance, regulated substance, pollutat�t, or cantaminani under any
Environmental Law, including withoui lirriitation the Comprehensi�e Environmental Response,
Compensation and Liabiiity Act, the Resource Consertvation and Recovery Act, the Texas Water
Code, or the Texas Healih and Safety Code; or (c) th� presence of which on Y,he Airport poses or
fihreatens to pose a hazard to the health or safety of persons on or about the Aiiport, or (d) that
contains, sewage, gasoline, diesel fuel, petroleum hydrocarbons, natural gas liquids, ethylene
glycol, propylehe gIycol, poiassiunrz aceiate, polychlorina.ted biphenyls {"PCBs"), asbestos, Iead
paint, or urea formaldeliyde %ain insulation.
"NPDES" means t1�e Natiozaal Pallutant Discharge Elimination System.
"Pracess Water" means water, other than storm water or raizawater, that during
manufacturing, treating, prrocessing, or cleaning, comes into direct contact with or results from the
pxoduction or use of any raw material, intermediate product, finished pt•oduct, by product, or waste.
"Release" nr�ean�s any depositing, spilling, leaking, pumping, pouring, emitting, enr�pty��g,
discharging, injecting, escaping, Leaching, dumping, or disposing into the environment, or a threat
of release such ihat a release may or could enter the environment.
"Solid Wasie" has the sarne meaning as in the Resource Conservation and Recovery Act
and the Texas Health and Safety Code.
"SWPPP" means Stortn Water �'ollution Prevention Plan.
"TPDES" means fihe Texas Pollutani Discharge Elimination System.
"Water in the State of Texas" has the same meaning as in Texas Water Code Section
26Afl1, as amended fi•om time to time.
"Waters of t�e United States" has the same ineaning as in 40 C.P.R. Section I22.2, as
amended from tiine to time
All oiher t�rzxis �sed herein have the meaning set forth in Article I, "General Defzaitions."
11.1 Airline Representatians, Warrranties, And Covenants.
Airline �epresents, warrants, and covenants the follovving:
11.1. � Airline has obtained and throughout the term of this Agreemenl shall
obtain and xziaintain all applicable licenses, permits, registrations and other authorizations and ap-
provals rt�equired under Envi�onrrx�ez�tal Laws and shaIl provide any noiices required under Envi-
ronrnenial L,aws for cond�cting its operations at tl�e Airport during the term of tk�is Agreement.
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Airline sha�l t'equire Airline Entities to obtain and maintain all applzcable licenses, permits, r�gis-
trations and other authorizatioz�s �•equir�ed by Environmental Laws in order to conduct their opera-
tions and activities at the Airport.
11.1.2 Aiz�line shall comply and shall rec�uire Airline Entities to coznpiy, with
all applicable Airport Rules and Regulations, so long as such Airport Ruies and ReguIations do
not uclrea�onably affeci A€rIine's rights under this Agreement. Such Airpoz�t Rules and Regu�ations
shaIl be reasonabl�, nondiscriminatory and not in conflict with any Environmental Laws.
l I.1..3 Airline shall not cause or contribute to or allow or permit Airline Entifiies
to cause or contribute to:
{a) any Release or Discharge of any Hazatdous Material, Solid Waste,
or Process Water at AirporE, unless autk�orized by an Environmental Law or Airport Rules and
Regulations;
(b) any violation of any applicable Envieonmental Law as a result, in
wl�oie or in part, oi the use by or operatians of Airline at Airport, or those oi Airlin� Entities;
(c) any Release or Discharge which is a materially contribuii�g cause
of the City exceeding the effluent limits of any iz�dividual storm water discharge permi� issued to
the City, Multi-Sectorr General Permit, Municipal �eparate Storm Sewer Syste�a permit, or any
applicable federa] effluent limitation guideline; or
(d) any contamination or pollution of the soil, surface waters, or ground-
water at or underlying the Airport.
11.1.4 Airline shall handle, use, store, dispase of, or otherwise manage, and
shall require Airline Entities to hand�e, use, store, dispose of, or otherwise manage any Hazardous
Matez•ial, Process Water, or Solid Wastie at the Airpot-t in a lawful and prudent inanner and so as
to prevent the Release orr Dzscharge of any Hazardous Material, Process Water, or Solid Waste
that does or may pollute or contaminate the e�vironment, or that does or may adverseIy affect the
health, welfare, or safety of persons whether located within the Axxpor�. Without limiting the fore-
going, Airline shalI not conduct or allow any Airline Entities to conduct any operations ox� activities
ineolving the use or application of ethylene glycol, propyiene glycoI, or any other substance in de�
icing or anti-icing at any location at the Airport except in accordance with all applicable Environ-
mentaI Laws and Airport Rules and Regulations.
11.1.5 Airline shall be responsible for the proper removal and disposal af a(1
Hazardous Materials generated by Airline, or resulting from Airline's use, aciiviiies, and opera-
tions, at the Airport, includi�g those acti�ities and operatians conducted o� Airline's behali' by
Airline Entities.
1 J.I .6 Airline Lt.nders#ands and acknowledges that certain of 1:1�e City's future
capital proj�cts may require review ox approval by tk�e FA�, the �nvieonmental Protection A�;ency
{"EPA"), or ihe Texas Commission on Environtnental Quality ("TCEQ") or their successor agen-
cies, pursvant to requirements iznposed upon the Airport or ihe City, including but r�ot Iimited to
State Izx�ple�entation Plans, GeneraI Conforrnity Deterzxii�aiions, other requirements related to the
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stat�as of ihe Dallas-Fort Worth region as non-at�ainment for ozone, and any reduction in Gre�n-
house Gas emissions. If requested by tk�e City, Airline shall reasonably assist the City in preparing
such subrniitals as are required o� the City by FAA, EPA, or TCEQ, or their successor agencies,
in connectian with City capital projects which benefit Airline.
11.1.7 Airline shall require Airline Entitz�s to undergo such training as is re-
quired by applicable Enviz•on�e�tal Laws and Airport Ruies and Regulations.11.irli�e shall desig-
nate wh�ch af its employees should undergo such traizaing.
1 I.1.8 I�Airline causes or contributes to a Release, Discharge, or spill of Haz-
az•dous Materials, Solid Waste, or Process Watez at t�e Airport that is above any applicable report-
able quantity set fort� in any applicable Environmental Law, Airline s�aall r•eport such Release or
Discharge to the appropriate governmental aut�orities in compliance with applicable Environmen-
tal Law. Airline shall require Airline Entities io report any Release or Discharge to the appropriate
governmental authorities, in compliance with applicable Environmental Lavv, if �aid third party
causes or cor�tributes to a Discharge oi• Re�ease of Hazaz•dous Materials, Solid Waste, or Process
Water above any reportable quantity set forth in any applicable Cnvironmental Law.
I 1.1.9 Airline acknowledges thai the City and Airline are subject to certain Na-
tional and Texas Pollution Discharge Elimination System permits ("NPDES" and "T�'DCS"), state
a�ad fec�eral storm wat�r regulations, and federal effluent limitation guidelines, includitlg, without
limitation, EPA Adtninistez•ed Fermit Programs, 40 C.F.R. § f 22 (2009), as amended from time to
time, for operations at the Airport. Airl��ne shalI co��duct operations and aciivities at the Airpot-t,
including but not liznited to de-icing, anti-icing, and construction, and shaIl require Airline Entities
to conduct operaiions and activities at the Airport in compliance with applicable Ez�vironmentai
Lavvs and Airpor� Rules and Regulatior�s. Airline acknowledges that its reasonable cooperation is
necessary io ensure Airporrt's campliance with any appIicable NPDES oz TPDES storm water per-
mits azad effluent limitation guidelines under Envzronmental Laws. Airlin� shall minimize the ex�
pos�re to storm water o�materials generated, stored, handled, or used by Airline or Airline Entities
at the Airport including rxrithout lirx�itatian soil and sediment exposed by construction activiiies,
Solid Waste, ax�d Hazardous Materials, by itnpiementing and requiring implementation of certain
"Best Managelnent Practice,s" as defined by Environmental Laws. Airizne furiher acknowledges
that any TPDES or Nl'DES storm water di�charge pertxiit issued to the City or any effluent limita-
tion guidelines applicable to the Air�ort or AirIine are incorporated by xeference into this Agree-
ment to the extent aifecting Airline's o�erations ai oe use of the Airport or operations or activitzes
conducted on its behal� at ihe Airport, or necessitating Airline's reasonable cooperation to assure
ihe City's compliance therewith. The City shall endeavor to negotiate reasonable and cost effect�ve
ter-ms and conditions of any perinits issued to the City which z�aay affect Airline's operations at or
use of the Airpori or operations or actzvities conducted on its behaIf ai the Airport, oz which may
necessitate Airline's reasonable cooperation tio assure ihe City's compliance therewith.
11.1.10 Airline or Airline Entities shalI not create any hunaaz�-made structure,
Iand use practice, or human-lnade feature, oz• znaintain any condition, t�►at creates an unreasonable
wildlife attraction, including, but not limited to, architectural features, Iandscaping, waste disposal
sites, agricultural or aquacultural aetivities, without appropriate coverings or other mitigation
measures.
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I 1.2 Information to be Provided to the City.
11.2.1 If �.irline receives any writte�a notice, correspondence, citatio�, order,
warning, complaint, inquiry, claim or demand regarding the Aiz�line's operations at the Airport that
is not legally privileged, znade confidential by applicable law, or protected as trade secrets:
(a) concerning any allegec! contamination, or Discharge, or Release a�
Hazardous Material, Solid Waste, Process Water by Airline ar by Airline Ezatities; or
{b) alleging that Airline or a� Ait•line Entity is ihe subject af an Envi-
ronmentai Impact Claim ot• alleging that Airline or an Airline Entity, oX zx�ay be, in violation of any
Environmental Law(s); or
(c) asserting that Airline or any such third paz�y as identi�'ied in clauses
(1) and {2) a6ove is liable for the cost of iz�vest�gation or remediation of a Release or Discharge;
11.2.2 Airline shall irnmediateIy, but not later than fve (5) days after Airline's
receipt, inform the City and Airport Opez•ator in writing of same, including a copy of such �notice
received by Airline.
11.2.3 AirIine shall simultaneously provide to the City and Airport Operator
copies o� its submittals of any non-privilegecE reports oz- rtatices required under Environmental
Laws ta any go�vernrnental agency regarding:
(a) Airline's alleged failure to comply with any Environmental Laws at
the Airport, or
(b) any Release or Discharge arising out of the past ar present opera�
iions at o�• use ofthe Airport by Airline or Airline Entiiies.
11.2.4 Airline shall zxxake available, within ten (10) days of Airline's receipt of
the City's written request, ihe non-privileged documents that Ait�line has submitted to any govern-
rnental agency pertaining to the en�vir�nmental compliance status of Airline's operations at or use
of the Airport, including wiihout lirriitation any and all non-privileged records, permits, test results,
sarnple results, written or electronic doctunentation, studies, or other documentation regarding en-
vironmental conditions or relating to the presence, use, storage, disposal, or treatment of any Haz�
ardous Material or Solid Waste at t1�e Airport by Airline or Ai�•line �ntities.
1 1.3 Response and Compliance Actions.
l].�.1 Without limiiing the indernnity obligations of Section 11.7, if during the
ter�� of this Agreement Airline o�• az� Airline Entiiy is �he sole cause of a Release, Discharge, or
spill of a Hazardous Material (incIuding, but not limited to those which contaminate ar poIlute any
surface water, ground water, inft�asiructure, or conveyance system), as is reasanably determined
by the City pursuant to Enviror�mental Laws, at a�y portion oithe Aiiport, in connection with theiz�
operations at the Airport, Airline shall:
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(a) ora�ly notify the Ci�y and the Airport Operator of such Release, Dis-
charge, or spill;
(b) repart such Release, Discharge, or spill to appropriate govez•nmental
agencies in accordance with applicable Environz�aental Laws, including but not limited to 3D T�.
Admin. Code § 327.3, as it may be amended from time to tirrie;
(c) im�nediately abate and respond to the ReIease, Discharge, or spill of
a IIazardous Matet ial, as required by applicable Environmental Laws, incIUding bui not Iimited �o
30 Tx. Admin. Code § 327.5, as it rnay be amended from time to time;
(d) talce all further actions necessary or required under Environmental
Laws to rnitigate any imminent threat to hurrzan health or the environment; and
{e) undertake any further repairs, retx�ediation, or correcti�e actions as
are i•equired by Environrraental Laws or a governm�ntal agency with jttrisdictioi�, to ren�ediate any
such Release, Discharge ar spill of a E-fazardous Mat�rial, at�d any resulting pollution or contami-
naiion.
11.3.2 Without limiting the indemniiy ob�igations of Section 11.7, if, as is rea-
sonably deternnined by ihe City, Airlin� or an Airline Entity is the sole cause of a EZelease, Dis-
charge or spiIl of a Hazardous Material at the Airport, or one of multipl� contr•ibutors to a Release,
DiscIaazge or spil� of a Hazacdous Material within the Airpoz�t, Ait•line shaIl be responsible fot-
ensuring thai the notification, repoz-ting, abatement, remediation, and other actions required by
I].4. I are aceomplished. A� the iime the City mal�es a deierzr►ination pursuant to subscction 11.4.2,
the City shall provide AirIine with all non-privileged t-�cords, permits, test results, sazxiple resulis,
writ�en or electronic documentation, studies ort• oik�er documentation �xsec� to support its determina-
tion. Nothing in this Agreerrient shall prevent Airline from seelcing to reco�ez� its costs from po-
tentially responsible pat•ties.
I 1.3.3 If the City cannot determine vvith reasonable effort that Airline is a cause
oi or has cantributed to a Release, Disch�.rge, or spil� at or from the Airport, Airline shaI� �aat be
responsible for any o6ligation to report, investigate or remediate it. If the City cannot ideniify with
r�asonable effort any of the parties contributing ta or respansible for a Release o� Discharge, ar
spi31 at or fi•om the Ai�poi�t, the City shall be �•esponsible for any obligation to repot-�, contain,
in�estigate, or remediate such contamination, Release, or Discharge, or spill.
11.3.4 If, as is reasonably deterxz�ined by the City, Airline:
(a) does not diligentIy take itnmediate and al� otk�et• actions required by
applicable Environm�ntal Laws, inciuding bui not �imited to 30 Tx. Admin. Code § 327, in re-
sponse to a Release, Discharge or spill for which it is responsible under Section ll.4, within the
time(s) prescribec� by sueh Environmental Law(s}; or
(b) does not perform or complete aIl necessary repairs, corrective ac-
tions or remediation fbr vvl�ich it is respansible under Section 11.4 wiihin the time{s) p�escxibed
by applicable �nvironmental Laws, or within f�e tiine reason�.bly necessary to enable the City to
meet its obligations under En�ironmental Laws (subject to the condition that ihe C�ty must frst
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provide reasonable ad�ance written notice to Airline of such obligations, except in emergency
ciicurnstances in which such advance noiice is not possible), then the Ciiy, fn addition to its rights
and retnedies describecf elsewhere in this Agreement, may, at its election, upon reasonable written
notice, enier the affected area, and take whatever action the City reasonably deems necessary to
proiect the public heallh and safety and the environmeni, or to e�able the City to meet its obliga-
tions Under Enviroi�nentaI Laws, within the tirne r�quired under such Environz�nental Laws, at
Airlir�e's expense, although nothing herein shall prejudice the right of Airline to contest the City's
dete�minations made Under this Section I I.4.4.
I l.� Correction of Environmental Non-com�l�ance.
11.4. I If the aperations or activiiies at or use of the �1.irport by Airline or Airline
Entities are in al��ged non-coinpliance with any applicable Environmental Law {as is reasonably
deterinined by the City or as is determined by any governmental age�cy with enforcement author-
ity regarding such alleged non-compliance} or Airport Rules and Regulations, or result in conta��a-
ination or polluiion at or under the Airport, and provicEed that ihe situation or condition in question
does not, as determined by the City in its reasonable discretion, require imrnediate action pursuant
to applicable EnvironmentaI Laws and Section I 1.4.4, the City agrees to notify Airline in wriiing
of the alleged noncompliance or contamination or pallution and shall require Airline to take action
to address sucl� non-comptiance wvithin thirty {30) days of Airline's receipt of notice, unless com-
pliance is required sooner by a governmental agency or applicable Envirox�r�aental Law. Within
that thirry (30) day period, or such shoz�tez• period as is required by appIicable Environmental Law
or governmental agency, Airline shall have the opportunity to ta�e wk�atever action is necessary or
required by Environmental Laws, to correct such noncompliance, ensure that it is coz•zected, or
provide t�e City a binding commitment to do so withzn a reasonable time. Airline shall also have
the righi during that thzrty (30) day period to challenge any City determination of z�on�carnpliance.
Airl�ne's obligations to the City under this Section znay be deferred, upon mutual consent of the
pariies, until a final resolution of or ruling on such challenge has been issued. Should Airline pre�
vail in such a challenge, Airline shall �ave no further obligation under this Section with �•espect to
that particular alleged non-compliance.
11.4.2 If Airrline does not take such corrective action, challen�e the City's de-
termination of non-compliance, or provide a binding commitment to address the non-compliance
within the thirty (30) day period refer�enced in Section l 1.5.1, ihe City or its auihat�azed contractors
and consuItants may, at th� City's optfon, enter a�y part af the Airport and take such measures as
the City may reasonably deem necessary to correct the alleged non-co�pliance and to investigate
and remediate any related contarnination, all at Airline's expense. AII reasonable and documented
costs associated with any action by the City ae its contractoxs oz consultants in connection with
this Section, inciuding but nat limited to reasonable attorneys' fees and expenses, and Azrport staff
time and �xpenses, shall be subject to the reirnbursement at�d indemnification requirements of this
A�-ticle.
{a) Nothi�lg in this Sectzon is intended or shalI be constt•ued so as to
prevent the City or Airline frozn exercising, in their reasonable discretion, any rights granted or
ava�lable elsewhere in this Article, in this Agreenne.nt, or by law.
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11.5 Corrective Action Pracess.
ll.5.1 Befare commencing any investigation, remediation, or corrective action
at the Airport under this Agreement, a�d except for any immediate abatement action required under
Section 11.4, Airline shall �rovide ihe related proposed pIaz�s fo�t• suckz investigation, remediation
or corrective action to tlae City fat• approval, which shall not �e unreasonabIy withheld. The �work
shall be performed at Aii•line's e�pense, anci the City shall k�ave the r�ght to re�iew and inspect all
such worlc at any time using consulfianis and representatives of ihe City's choice, at the Czty's
exp�nse. Specific cleanup levels for any environmental remediation worlc shall comply with ap�
plicable Environmental Laws. Airline shall, at Airline's own cost and expense, have all tests per-
formed, and reporis and studies prepazed, and shall provide s�ach in%rination to any governmental
agency as may be required by Environmental Laws, with a copy to the Ciiy. T�is oblig;ation in-
cludes but is not limited to a�y �•eqUirements for a site characterization, site assessment, AffecLed
Property Assessment Report, and remedial ac�ion plan t.�at tnay be necessary. In the event deed
recordation by the Ciiy is necessary, Airline shall reimbutse the City for all deed recordation fees
and reasonable attorneys' fees incurred in cor�nection with such recordation.
11.5.2 Any remedial or other activity undertaken by Airline under this Article
shall not be construed to impair Airline's rights, if any, to seek contribuiion or indemnity from any
person.
l 1.5.3 Airline may not seek a MunicipaI Setting Designation for any grourtd-
water• underlying il�e Aiiport without ob#aining the City's written app�oval in advance.
I1.6 Environmental Indemnifcation and Reimbursement.
11.6.1 Notwithstandi�g any other provision to ihe cani��ary, and without Iimit-
ing an� other indemnity in this Agreement, Airline agrees to indemnify, defend, and hold harmiess
the City, its past, present ot future directors, of�'icers, membe�•s, agents �.nd employees, the City's
council, council �nembers, agents, and employees and the Airport Operator �"Environux�ental �n-
demnitees"}, frorn and against any az�d aIl cIaims, demands, penalties, fines, suits, actions, admin-
istrative proceedings (including formal and informal enforcement}, governrr�ent ot•de�•s, judgments,
loss, darr�ages, liabiliiies, costs, and ex�enses (including but not limited to reasonable and docu-
mented attoin�ys' and consu]tants' fees and expenses, litigation casts, experi: witness fees, and ex-
penses of in�vestigation, removal, remediation, or other required plan, repart, or response aciion)
when incurred and whether incurred in defens� of actual litigaiion or in reasonable anticipation of
litigation to tlae exte�t resulting fro�n:
Article; or
(a} ihe bi•each by Airrliz�e of any fepresenf:ation or warranty made in this
(b) the faiIure of AirIine to meet its oi�ligations under this Article in a
full and timely manner, whether caused by Airline or any tllird party under Airline's direction or
control; of•
�(c) documented loss by any Environmental Indemnitee(s} frotn any En-
vironmental Impact Claim, to ihe e�tent caused by the operations, activitles, action or inaction of
AirIine or Airline Entities, at the Airport during the term af this Agreement.
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11.6.2 In the event the Ciiy under�akes any action, including but not limited to
response or corrective action, �•epairs, or• remediation, in the exercise of its rights vvith respect to
AirIine under this ArticlE, Air�ine shall reimburse the City, upon reasonable written notice by the
City, far all �•easonable and documented costs that the City incut�s ir� association with such actio�a,
including but not limited to consuliants' Pees, contractoz�s' fees, reasanabie attorneys' fees and ex-
pe�ses, a�d expenses of investigation, repair, r�sponse or correctir�e aci:ion and reznediation.
11.6.3 Notrn�ithstanding any ot.k�er pravision to the contrary, and to the extent
pernraitted by law, the City agrees to indemnify and hold harmless Airline and rts dzxectors, officers,
agents and employees from and against any and all claims, demands, penalties, fines, suits, actions,
administrative proceedings (including informa� proceedings), governnaez�i otders, judgments, loss,
damages, Iiabilities, costs, and expenses (including but not limited to reasonable and documented
attorneys' and consuItants` fees and expenses, litigation costs, expe�-t witness fees, and expenses of
investigaiion, removal, re�aediation, or other required plan or response action) io the extent result�
ing ii•om {i} faiIure of the City to meet its obligations under this Article, or {ii) the documented
loss by Airline, its directors, afficers, agents or einployees ta a third party or go�vernmental entity
from any Environtnental Impact Claim, to the extent resulting from the operations, activities, ac�
tions or inaction of the City or any other party under the City's direction and control.
l 1.6.4 Regardless of tk�e date of termination o� this Agr�ement, the it�demnify-
ing pairty's representations, obligations and liabilities under this Article shal� continue as long as
the indemnified party beazs az�y liability or responsibility under this A�-�icle or the Environinental
Laws.
11.7 Lirnitatio�s.
Airline's obligai�ans under tl�is Ariicle shalI not apply to:
J.1.7.1 Contamination that existed at the Airport prioz• to Aixline's iniiFal occu-
pancy or operatians at such area(s} of contaxxzzt�ation at the Airport, provided that neither Airline
nor any other party under Airline's dit'ection ar control, or conducting opet�ations or activities on
its behalf, subsequently cozait•ibuted to such contamination; or
11.7.2 Releases ihai r�igrate onto, into, ox from ihe Airport and fihat were not
caused by Airline oz• tl�ir•d pat�ties under Airline's direction or co;nY�•ol or conductii�g operratzons o��
activities on its behalf; or
11.7.3 ReIeases or Discharges on, at, or from the Airport not caLised by �-1 irline
or Airline Entities; ar
� I.7.4 Releases, Discharges, or contamination to the exteni caused by gross
negligence or willful misconduct by the City, its agents or employees or any oiher party under the
City's direction or control.
ll.8 Waiver.
.Any waiver of any provisian of this Articie, ar any delay by the City in the enforcement of
any right hereunder, shall neithex• be construed as a continuing waiver, nor create an expectation
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of non-enforcement of that or a�y other pravision or right. In order ta be effective, any waiver of
any right, beneft, or �ower hereunder must be iza wx'iting and signed by an authorized
representative of the City, it being intended that no waiver shall be implied by the City's conduct
or faiiure to act. Any specifc written waivex shall be applicable only to the particular facts and
circumstances thereby addressed and shall not be of any effect vvith respect to future events, even
if any of said future events involve substantially similar circumstances. Any remedies provided for
in this Ax•ticle shall be cumulative and in addition to, and not in lieu of, any ot�er remedies available
to City at law, in equity, or othexwise.
11.9 Survival of Environmental Provisions.
Unless specificalIy stated elsewhere herei�i, fihe provisions of this Ar�icle, including the
representations, warranties, covenants and indemnities of Air�ine, ate intended to and shall sui-eive
termination of tl�is �grree�nent.
i 1.I0 Reso�rce Canservatio� and Recycling.
The City reserves the right to institute such policies, programs and measuxes as may be
necessary or desirable, in the City's rea,sonable discz�etion, for the conservatian or preservation of
energy, �nexgy �•elated services, water, and ather natural resources or as z�nay be required to comply
with any applicable codes, rules and regulations, whether mandatory or voluntary. Airline shall
comply wiih all federal, state, and local laws, ru�es, regulations, and ordinances and rules and
regulations pertaining to recycling and energy conservation and management. Airline and the City
sk�all use good Faith efforts to abide by and fully coopez•ate with each other in all aspects of such
policies and programs, and nothing in this Section wilI adversely affect Airline's or the Ciiy's
rights under this Agreement.
Article 12 ASSIGNMENT
flirline shall not, directly or indzrectly, ass�gn, sell, hypothecate or atherwise transfer this
Agreement, witk�out ihe prior wriiten consent of the Ci�y, such conse.nt not to be unreasonably
withheld. The foregoing shall not prevent the assignment of this Agreement or any por�tion thereof
to any corporation with which Airline may merge or consolidate; provided however, such
successor corporation wit�in a reasonable period of time shall provide written ac�Cnow]edgement
by a duly authorized co�-potate officer to the City that it has assumed aIl obIigations of Airline and
will fully honor all terzxis anc� conditions sei forth in this Agreement.
Article 13 MISCELLANEOUS PROVISYON�
13.1 Nature of Agreement.
This Agreement shaIi not 6e const�riied to be a lease of any Airport praperty nor create a
landlord-tenant relationship between the City and Airline.
13.2 Gove�rning Law and Venue.
Tl�is A�;reement has beei� �ntered into and shall be governed by, construed and int�rpret�d
in accordance wiih the laws of the State of Texas. Venue of any action brought under this
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Agreement shall be vested in the state courts of Texas in the County of Tarrant or if federal
jurisdiction is appropriate, in the United 5tates Districi Cou�t in ihe Northern District oiTexas.
13.3 Entire Understanding.
Tf1is Agreement cozatains t�e entit�e and anly undet•standing and agreement oithe City and
Airline, which by accepting this Agreement, acknowledge that there is no other written or oral
mlderstanding ox agreement beiween them with respect to the subject matter of this Agreement
and that this Agreerr�ent supersedes all prior negotiations, discussrons, obligations and rights of
tl�e City and Airline. No waiver, modiiication, amendment or alteration of this Agreement shaIi
be valid unless it is exp�essed in r�vriting and signed by authorized representatives o�Airiine and
the City. Airline and the City acicnowledgc that no other party, nar any ageni or atiorney of any
other party, has macEe any promise, repr�sentation, waiver oz� waz•ranty whatsoever, expressed or
implied, which is not expressly contained in writing in this Agreement and furi:her acknowledge
ihat this Agreement was not execuied in reliance upon any collateraI promise, representation,
waiver or warranty, or in reliance upon any belief as to any fact not expressly recit�d in this
Agreement.
13.4 Amendr�ents.
Except as othez-wise expressly provided herein, the provisions of this Agreement may be
arnended only by a w�itiei� agreement signed by the City and Airizz�e.
13.5 Cu�xaulative Rights.
Each right of the City and Airline is cumLilative and is in additio� to every other Iegal right
tk�at ihe party may have in the event of any defauIt by the other.
13.6 Constructian to Save Agreement.
If any term, covenant, condition, or provision of this Agreement is heId by a court of
compeient jurisdiction to be in�alzd, void, or unenforceable, the re�nainder oithe provisions hereof
shall remain in full force and effect and in no way af�ected, impaired, or inval�dated ihereby. it is
the intenizon of the �arties hereto that i� any provision of this Ageeement is capable of two
constc-�.�ctions, one of which vsrould render ihe provision void and t�e other of which would render
the prt•ovisian valid, then fihe provision shall have the meaning which renders it �valid.
13.7 No Waiver.
No waiver of deiault o�any of the te�-ms, covenants and conditions of this Agreement to be
performed, kept and o[�served by the other party shal] be construed or operate as a waiver of any
subsequent default of any of the terms, covenanis ar conditions of tl�is Agreenaent to be perfoz-xx�ed,
kept and observed by t.�e other party. No failu.re on the part of either party ta r�c�uire ar exaci full
and complete compliance by the other party with any of the covezaants, conditians, or agreements
of this Agreement be constt•ued in any manner as a change in or to the terms of this Agreemeni or
prevent tl�e enforcement in full of any provisions.
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13.8 Relationship of Parties.
No�ing in this Agreement shall be dee�ned or constz-ued by the City or Airline, or by any
third party, as creating the relationship af principal and agent, partners, joint venturers, or any other
silnilar such reiationship between the City and Airline.
13.9 No Third-Paxty Bene�ciaries.
There at-e no thitd-party beneficiafies to thzs Agteement other than as sp�cifically and
expressly provided i� this Agreement.
13.10 Successors and Assigns.
AI( of �lae terms, provisions, covenants, stipulations, conditions and consideratio�s in ihis
Agreement shalI extend to and bind the legaf representatives, successors, and assigns of eac� party
to tlais Agx-eement.
13.1 I Labor Disputes.
Aitline agrees to use commercially reasonable efforts to avoid disruptian to the City, its
tenants ar members of the public arising from labor disputes involving Airline, and in Yhe event of
a strike, picketing, demonstration or other �abor difficulty involving Ai��Iine, to use its good officas,
including the utilization of available legal remedies, to minimize or eliminate any disruption to the
City, its tenants or members of the public, arising from such strike, picketing, demonstratian or
ather labor difficuliy.
13.12 Foi•ce Majcure.
If ezther party is delayed or hind�red in or prevented frorn the perfarmance of any act
required under this Agreement by reasan af sirikes, Iockouts, labor dis�utes, inability to procure
labor or z�aterials, failure of power, riots, insurrection, terrorisnn, war, fire or other casualty, or
other reason of a similaX nature beyond the reasonable conn•ol of the party delayed in peX•fonmizag
work or daing acts required under this Agreement, pex�£ornaa�ce of such act shall be excused for
the period of the actual delay attr�butable to such causes, and the period for the pez•fo�•inance of
any sueh act shall be e�tended for a period equivalent to the period of such delay (any such delay
is herein referred to as an "Unavoidable Delay"}. This Section shall not be appiicable to Airline's
obligations to procure insurance or to pay Landing �`ees and other fees and charges due under this
Agreement. If any provision of this Agreement negates or limits ihe period of any force majeure
or Unavoidable Delay extension, such provision shall override this Section I3.12. Airline shall
givc the City notice of any Unavoidable Delay vc+ithin a reasonabie tirne (not to exceed one (1)
year) fallov�ring the occu�z•ence of the delaying event.
13.13 No Personal Liability.
No directoz�, affcer, agent, employee, or elected of�cial of eitherr pax-ty s�aIi be chat�ged.
personally or contractualIy ]iable by or to the other party under any term or ,provision of Y.his
Agreement, or because of any breach of this Agreement, or because of their execution or attempted
execution of this Agreement.
-35-
Executron Copy
13. � � Acceptance of Payments.
The subsequent acceptance oi payments hereunder by the Ci�y from Aixline shall not be
deemed to be a waiver af any preceding breach by Airline of any term, covenant, or condition o�
this Agreezaaeni, other than the failure of Airline to pay the pari:icular f��s ot• rent so accepted,
regardless of the City`s knovvledge of sucla preceding breach at the time of acceptance of such
landing fees and/or rent.
13.15 Attorneys' I`ees.
I3.15.1 If the City shall, without any fault, be rrx�ade a pacty to any litigation
commenced by or against Aiz-l�r�e arising out of Airiine's use or enjayment of Airport or the
Premises and as a rEsutt of which Airline is finally adjudicated to be liable, then Airlin� shall pay
aIi casts and reasonable attox•neys' fees incurred by or imposed upon the City in connectio� with
such litigation.
13.15.2 Jn any action by the City or Airiine against the other for recovery of any
sum due under this Ag�eement, of to enfox•ce any of the terms, covenants or conditions contained
herein, the prrevailing party shall be entitled to reasonable attorneys' fees in addition to costs and
necessa�y disbursements incurced i�a such aciion. Eaeh parry shall give prompt notice to the other
of any claina or suit instituted against it that may affect the other party.
I3.16 Taxes.
13.16.1 This Agreemeni may result in or c�eaie a taxable possessory interest and
be subject ta the payment of praperty taxes. Noiwithstanding the foregoing, as of the date of
execution of this Agreement, no such taxes, as provided in this Section 13.16, are applicable.
I3.16.2 If applicable, Airline shall be Iiable for, and shall pay throughout the
Term, all property taxes payable for, or on account of: (a) the activities conducied by Airline on
the Airport; and (b) all taxes, if any, on the personal proper�y of Airline on or ai the Airport.
13.163 If applicable, Airline shall reimburse the City for all such t;axes paid or
payable by the City, identified in seciion 13.16.1 and 13.16.2 above. All tax amounts for which
the City �s or wi�i be entitled to re��nbursement, as provided for in thts Section i3.lb, from A�rline
shalI be payabie by 1�irline to the City at feast fifteen (15) days prior to the due daies of the
respective ta� amounts involved; provided thafi Airline shaIi l�e entitled to a minimuzzz of ten (l0)
days' written notice of the amounts paya6le by Airli�e.
�3.16.4 AirIine rnay contest, in its own name or%he narne of the City, the �alidity
or amount of any tax it �ha11 be rec�uirt•ed to pay, under this Section 13.16, ta a Ya�ing e�tity;
provided, however, that Airline shall defend, indemnify and hold ihe City harrnless irom all
liabiliry and expense arising frozn such contest, which abligations shal] surv�ve expiration o� earIier
terminatzon of this Agreement and shall provide secu�rity satisfactory to the City for its
performance of such ind��x�ni.fcation obligation.
-36-
Execution Copy
13.17 Memorandum af Lease.
I� ihe event that the City so requests, Airline shall e�ecute, atte�t, acl�zowledge, az�d deliver
for recording a short form Memoranduni af Lease of ihis Agt•eement.
I3.18 Approval or Consent.
Whenever consent or approval zs �equired herein by either party to the other, sucH conseni
ot• approvaI shall not be unreasonably withheld, conditioned, or delayed.
13.19 Time of the Esser�ce.
Time is of the essence of tl�is Agreement and of each and all of iis terx�as, cor�ditions,
covenants and provisions.
13.20 Notices.
All notices asad payznents under this Agreement inay be deIivered or mailed. Ir delivered
by messenger or courier (including overnight air courier), they shaI! be deemed delivered when
received at the Street Addresses listed in Section 1.1. If maiied or sent via overnight courier, �ey
shall be sent to the Overnight Delivery and ,Sireei Address provided in Article 1 or to such other
respective addresses as either party may from time ta time designate to the othez party in writing.
All notices and payments mailed by regular tnail (including first class) shall be deemed to have
been given on �e fifth business day follawing the date of nnailing, if properIy mailed and
addressecl. Notices and payzxze�ts sent by certffied or registered mail shaIl be deemed to have been
given on the third business day following the date of nnailing, if properly mailed and addressed.
For all types of mail, the postmarlc affixed by the United States Postal Service shali be conclu,siv�
evidence of the date of mailing. Notices delivez�ed via courier or overnight courier shall be deemed
to have been given upon arrival. Notices under this Agreement are sufficient if tx�ade via email
provided such email notice has beez� sent to an employee of the recipient Party having knowledge
of the znatter contained in the notice and is conspicuously identified as a notice under this
Agreement, and shall 6e deezned to have been given on the day the emai� is sent.
13.2� Counterparts.
This Agreeineni ��ay be executed simultaneousIy in counterparts, each of which shall be
deemed to be an original copy olthis Agz•eeinent and, when talcen together, shaIl b� deemed io be
one and lhe sarn� A.g�-eement.
13.22 Capacity to Execute.
Airline shaIl submit a copy of any corporate resolution, if requested . by City, which
a�thorizes any director or offzcerr to act an behalf of Airline or which auihorizes Airline to enter
into this Agreement.
�37�
Executior� Copy
13.23 Incorparation of E�l�ibits.
All exhibits and attachments referred to in ihis Agreeinent arre i�tended to be and are hereby
specifcaI�y n�ade a part of this Agreement.
13.24 Titles.
Paragraph titles are inserted only as a rnatter of convenience and far reference, and in no
way de�ne, limit or describe the scope or extent of aa�y p�ovision of this Agreement.
13.25 �ther Agre�ments.
Other than as sei farth herein, noihing contained in this Agreement shall be deemed or
consirued to nullify, restrict or modify in any manner the provisions o� any other lease or contract
between City and Airline auihorizing the use of ihe Azrpor�, its facilities and appurtenances.
13.26 Agreement Not to Grant More Favarable Terms.
During tihe Term, the City agrees not to enter into any �ease, contract or other agreement
with any other air carrier conducting operations at the Airport ihat contains rates, charges or terms
more favorable to such air carrier than the rates, charges or terms Afrline has agre�d to under this
Agreement, unless the Authority also makes those more favorable rates, charges or terms available
to Airline. The provxsions of this Section 13.26 shall in no way limit, impair or interfere wi%h the
City's ability to charge or establish such rates and charges as the City may deem applicable when
ezaiering into any lease, contract or other agreem�nt witn any par�y that is not an air carrier.
13.27 Agent for Service.
It is expressly understood and agreed thai if Airline is not a resident of the State of Texas,
or is an association ot� paz•i�ershzp without a member or partner resident of said state, or is a foreign
corporation not licensed to do business in Texas, then in any such event, Airline sk�all appoint an
agent for� the purpose af service of process in any court action between it and City arising out af
or based upon this Agreemeni. Airline shall immediaiely notify Cziy, in writing, of the name and
address of said agent. Such service shall bc made as provided by the laws of the State of Texas
for service upon a non-resideiat engaging in business in the State. It is further expressly agreed,
covenanted and stipulated that, if for any reason, such service of process is not possible, as at�
alternative method of service of process; Ait•line �nay be personally served out of the State of Texas
by the registered mailing of such service ai ihe address set forth in Seciion 1.1.
�Re�taindeN of Page �ntentionally Left Blank]
-3 8-
Execution Copy
IN W�TNESS WH�REOF, the Parties hereto have caused tlnese presents to �e executed on
the day and year first above writt�n.
C�TY ��„QRT WORTH:
By: .' � _--.�.� L�
Name: �ernando Costa
Tit1e: Assi.stanf Cit� Manager
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and far the State of Texas, on
this day personally appeared rEx�ando Cosia , known to me to be the perspn whpse narne is
subscribed ta the foregoing instrument, and acknowledged to me that the sarne vvas the act of the
City oi Fort Worth and thai h� executed the same as the act of the Cily of Fort Warth for ihe
purposes anc3 conszderatian #herein expressed ar�d in the capacity therein statec�.
F��.
�''��'''► /���`.
;o�,a�r po, ROC��R MIL�S V�NABLES
* .c.n.3.�* Natary Pubilc�St�ke oi%xas
�?� No�ry i� #8420806
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Co�'�n��seii0r� �. ���, 0$, 2022
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�?�.��'li4 YS�I�ii��'„� i�F `'',,�6' : • !`
A�U���l�i�f '-�t�i,�R���r�
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Executian Copy
�ou�� � �rc.
By: �—
Na.1T1$: a rit e�C w S
Tit1e: v 6��ca c r a 1 C� w rt S� 1
+� Secre+a►r�
STATE OF � e w�I a c� `� �
§
CQUNTY OF �Ne s �clno.st�x§
BEF�RE ME, t�� undersigned authvrity, a Notary Public in at�d �ar the Sta.te c�f
i� ew `! a r� , on this day persanally appeared ����n R• �Go k..� known to zne to be
�lie perso� whose name is subscribed to the �oregoing instrumen�, and acknowIedged to me that
the same was the act of Southern Air Inc, anc} tha�t sh�1�e executed the sarne as the act of Southern
Air Inc. far tl�e purposes and consideration therein expressed and in thc capacity therein stated.
G1V�N i1NDER MY HAND AND SEAL OF OFFICE this '�.5 }� day oi�M � r-c � ,
20 �l �7� �.�
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�F���'�i�. ����RC�
-40- �j
'�'�`� ���:��fi���
' w. � S ''�..ep �+lA
Cantract Compliance Manager:
By signing I acknawledge that I am t�� pe�son responsible for ihe rrtonitoring and
administration of this contract, including er�suring all performance and �eporting requirements.
�~= ��.� - -
�
B �� ����'�� �a ,
Barbar Goodwin ,� .� �4' " " ",���
RealPropertyManager �'�'�,�� ��� 'E�,i,�
�' �r
APPROVED AS TO FOl2M
AND LEGALYTY:
By: �.��,�� -
rv�Y� ,M...'- - .,
Assistant City Attorney
M&C: 02-0180
Date: March 9, 2021
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ATTEST: - � � � ° <:y�
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:
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`�vI2[ry J. Kayser
' City Secretary
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Executian Copy
LIST OF EXHIBITS
Exhibif Title
A Map of the fl.irpo��t
B Rules and Regulations
C Farm of Monthly Landing Report
D Affiliafie Operating Agreement
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E�hibit B
��� ����
���.����
AI.I,I}1NC� � MEACHAM � SP�S
City ofi Forfi Worth A��a�ion Deparfimenfi
_.-�,._. ._ _.. _ _ ..-_ -_.�� . � _._�. _-..-.: ,� ..�� ...� ��_..�.. � . . --
201 American Concourse, Sfe 330
Fort Worth TX,7�106
�e�r � � t � � � �Ui � � i �n � rr� � �� � d � �� �
�ity of ���# �'Vo�h A�i�ti�n ��p��r��n�
�'pUR'� �ORTH
av�A�r�aw
i�.��� oF ��N�`���s
'i . ��k�INfilOf�� ��iD �4CRpiVYf�lS ...................................................................................'I
�. INTRODUCi[OIV .............................................................................................................4
e4. Pu�po�e .........................................................................................................�.......4
�. R�gulation�.....w .....................................................................................................4
C. �ffecfiv� Date ..........................._.................,,...............,.._...............................,.....4
D. Self Service ........................................................................................................... �
E�4pplicabil�ty .............................................................................................�.........,.. �
� Variance........a ..........................................................................A.............,.......A.,....�
3a (��N�RP-�L ��(�tJf���VI�i�TS ......................................................................................... l
�4. lntrod�rction ..a ...................................,................,...,.,....,...,...,...,
�. Le��ed Pr�mi�e� .................................................................................................. �"
C. FacilityM�inien�nce .........................................................................�..................7
D. Producis, Servr°ces, ar�d �acilities ......................................................................8
E. Licenses, Pe.rmifrs, �e�i�ications, and Rati�gs ..............................e-,.,...........e.. &
F�mployees ............................................................................................................5
G. �quipment an�l Vehicles ...................................................................................... 8
WHour� ofAci�ivi�y.e ................................................................................................9
1. Securrty .................................................................................................................9
J. lnsuwance ............................................................_...-•---..,...,.,...,,.....a.....................9
.K. lndemnificafior► ancl HolcJ Harmless ................................................................. 9'
L., �nforcemeni ........................�.,.,..........,.........,...............,.....,.,...............�......A......77
NI. Leased Pr�mises Mul�iple ,4c�ivities .........a ......................................................'2
�, FIX�A �AS� @���AiOR (��O} ................................................................................13
,4.
.�.
G.
�7.
�
�
G.
�1.
1.
Intraducfion....................F.............,.,..,.....,......,..........,.........................,.............. 93
Scopeof Activity ................................................................................................ �3
Leasedr�remises ............................................•,..,........._,.,.......e................,.........14
�uel S#orage and �'quipment ............................................................................ 74
FuelingReports .................................................................................................. 75
Graund 5upport and Se►vice �quipmer�� .............n.,....,...,................................ 9�
Ho�ars of�4ciiwify ................................................................................................ �6
�'mpl'oy�es ....................................................................a...........,.....,.,.....,.,......... 96
Ri►-craft Rerrloval ................................................................................................ 9S
5. �.IRCR,4�'i 1�➢k�lNT�NAiVG� OPE�AYOR (SASO} ......................................................'��'
�4. In#rodcaction ...........................................•---•---..,....._............,.............,.....,...._...... 97
�. Leased Premises ................................................................................................ 97
C, Errlploy�es .......................................................................................................... �i
6, AVIONIGS 0� IIVS7�lJi+��Ni �111�41NT'EN�►hlC� OP�RA�O� 4�AS0� ........................18
�4. Introduc�inn ...............n....................,..................,........................----..................., 98
�. Leased P►-emises ................................................................................................ 98
C. License� ancl Cer�#ificafions ............................................................................... 9&
D. Employee� .................................................•--.,.............----.......,....,.,.......,........,...7$
�. Equlpment ..............................................................................�.......,.........,,---......18
..,._ __..„_. ..,:Y ;: _., ..:..:,; � �._-
-__�.._ _..� :._.:,, _. :.�. .. :,. __ , _> . ......._ . _ _-__ _ _. . � .� ._ _:,,_ _
A�iaiion Minimum 3tandards i
Cify of Fo�t Wor�h A�iation D�pariment {2097)
�ORT �OR'TH
AV�ATI03�' f A��� O� C�N i�IV�S
i.�,��_AI��CR�FT R�f�7'�►L OR��� :__� ::: _,.,___ _ ...._.�.,�... . ._�,
. �.. � -_�,� ___.� �. � __ -_ __�..._ _..w ._ - .... ,.� : .,_�.
�LIC�17` iF2A�Ni�lG O�'LRp,iOR (SASO) . ....................a....'i9
A. lntroducfion ....................................e................,.,.,_................................,............7�
�. Leasecl Pr�mises .....................................a..................,..........,.....................,.e....,9
�. Lmployees ..........................:.....,........,............,.-----........,........,.,.,....................... �9
A�quipmen� :.......................................�.,......................................,................_...,....20
,E: Hours of �c�ivity ........................................................�.....,........,.....,......,.,.....,... 20
�: Insurance Disclosure Requiremeni ....................................w....,......,...,.....,.,...., �0
s. �.��c��,Fr c���Y��. a� �iRc�,��� ���������n�-� o��R�-ro� 4��.so�..........2�
�. I�iroducfron ........................................................................................................ �9
�. Leaseri Pr�mises.e.....,--� ..................................................................................... 2a
C. Licenses and Ce�rtifications ....................................................°y............,.,........,.29
D. Emplvyees ................................................................w....,..
.................................. �9
�'. Equipment .................................................................................e.....---............,....2'
F. #fours of.�ctivity ....................................a.............,..._,.e.e.............,.,....................29
9. �41R�RA� f S�►��5 (��EF�A'��� (S�SOj .................................................................... �2,
A. An�roducfion .......................................•..................,............._.................,..........,.. 22
B, Leased Premises ................................................................................................2�
C. Dealership ...............................................e......,..................................,.......,.........22
D. Lic�nses and Ce���Ficafr"ons .............a:.................,.,........,........----.a...,..........,.,...,2ti
� I�Ilours of act;vify ................................................................................................ 2�
�D. AIRCRAF'�' S�OR�C� O���iOR (SAS�) ..............................................................23
A. I►�trocluction .....................................................e...............,_....e.............,...,.....,.... 23
�. Leased Premises ................................................................................................ �3
C. Hours of�Ictivity...... ...................,.,,.................,.......-----....,...........,----................�3
11. �VIAT'10� S�RVEC� S�L� P�OPRI�iO�.....e ...........................................................�4
.4. Iniroductior� ..................�........................................,.........................,.................. �4
�. Leased Premises ................................................................................................24
C. Employees ......................................................................... .....24
............................
D. Equipmenf ........................................................................................................... �4
E, I�ours o�Activity ................................................................................................25
F Ins�rance Disclosrare ......................................................................................... ��
� 2. OT'I��� COlVi�lI�RCIAL ,A�FiOf�AUT'i�RL ACTIVfiiES (5�5�� ................................2�
A. Ir�troduction ........................................................................................................ �&
B, L.eased Premises ................................................................................................ 26
C. Employees .......................�...,.........,.......---......,.....,..............,.,----.....,.......,.......... �6
D. Equipmenf ............................................................................................................�6
E. Hours of Rctiui�y ............................................................................F...................26
13. S�L� �U�L1NG ................................................................................a.....,.....,.,...,.........�i
�4. Introduction ........................................................................................................ 27
B. Permit/�tpp�-oval ................................................................................................. ��
C. Fueling Repaf-ts ......................
............................................................................ 27
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A.�iatian Minimum Standards - � i�
City of Fort Worth Aviation pepartmenf (2Q17}
F��T �'o��r�
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TA�LE O� CONi�NY�
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L7o Fuel Sfo�rage and �'quipment .... .................. .....q...,........,.,.,.... ,.,....,....---.......,..27
� Complianc� v�ith En�i�-o�m�rt�al Laws ............................................................. �9
F. Rem�diafion anal Insr�rance Requirements ......................................................29
G. P�rso�rn�l......,.,.....,............ ....................................�.,.......,.........---.,.............,......�9
H. �ermi� Revoca�ion .....................................................................a.a,.....,.............,.29
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Adiafion fUiinimum Standards Fii
Ci#y of Fort Worth Aviafion Depar�ment (2097)
�'o�T�o�TM
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����r�i�io�s
._. .. � . .� - � �. , , ��
.
���INIiIONS AND ACRONYMS:
Far purposes of the Aviation Minirr�um Sfandards, fhe folfawing words, phrases and
acronyms shall ha�e the meaning� res�ecfiiuely ascribed to them in this section:
AC — Advisory Circular
�.eronautical a,ctivity — Any acfivity or service that in�olves, makes possible,
facilitates, is refated to, assists in, ar is required for fhe operation of Aircraft; any
acti�ity that cantributes to, or is requirec� for t�e safety of suc� operatians; any acti�ity
thafi has a direct relatians�ip to the operation of Aircraft or fhe operation of the airpart.
AFlf#!! — Fort Wor�h Alliance Airport
Agreement -- A wriften contracf enforceable by law, execufed by bofh parties,
between fhe City and an Entifiy transferring rights ar interest in land andlor
Ir�pro�ements and/or otherwise authorizing ti�e conduct of certain activities.
�4ircraft - Any weight-carrying structur� for navigation in t�e air and that obtains
support by the dynamic reaction of the air ta any o�struction connected with fihe
strucfure. Gliders or ultralights, either powered or unpowered, helicopters, hat air
balloons, and airships will be considered Aircraf�.
Aircra#t Charter Operator — A Commercial Operator engaged in on-demand
comman carriage for persons or property, as defir�ed ir� 14 CFR Part 13�, ar operates
in pri�ate carriage, as ctefined in 94 CFR Part � 25, on the Airport.
�4ircraff IVlaintenance Operator - An Operator �ngaged in providing Aircraft
maintenance, par�s, accessories, and related components, as defined in 14 CFR Pari
43, for Aircraft other than those owned, leased, and/or operated by the Operator on
the airport. �
Aircraft IVlanagement Operatar - An Operator engaged in the business of providing
Aircraft management including, but not limited to, flighf dispatch, pilot s�rvices, flight
atfiendant services, ar Aircraft maintenance coordination to the public on t�e airport.
poircraft Rentaf Operator — An Operator engaged in the rental af Aircraft to the
public at fhe airpor�.
Aircraft Sales Operator — An Operator engaged in the sale of Aircraf� on the airport.
This excl�des indi�idua[s selling personally owned Aircraft, unless the indi�idua�
purchases Aircraft for the primary purpos� of resafe.
Aircrafit 5torag� Operator �- An Operafor that owns or leases an Aircraft storage
facility andlor associated office ar shop space on the airpor� and sells or subleases
such space to entities engaging in commercial ar nan�commercial aerona�tica!
acti�ities.
Airport Roadway - Those
temporarily ar permanently
graund leasec� by others.
poriions ofi fihe airparts clesig�ated ar�d made a�aiiable
by the Director for �ehicular traffic and not located on
Avionics or Instrument �aintenance Operator — A Commercial Operator engaged
in the business of maintenance or afteration of one or more of fhe items described in
14 CFR Part �3, Appendix A(i.e., Aircraft radios, electrical systems, or instrum�nts)
far Aircraft other than those owned, leased, andlor operated by the Operator on ti�e
airport.
_ �. �_, �.;.., . _ . : , _.,� . :�.
Aviation Minimum Star�dards u 0e �� _, J'[^
City of Fort Worth Aviation Department (2097}
�o�T �a�aTx
nv��or�
n��i�i�ion�s
�... : � .. � _- �__ .. �� � �
Com - �, � ;� �. � � � __ _ ..... . �.
._ �
mercial Operator — An Entity thaf offers any product or service for which
compensation is received.
Cooperative Organiza�ion (Co-op) — Multipfe entities com[ng tagether far the
p�rpose of joint ownership in faeilifies, equipment, anc�Ior fuef in order to conduct
Aeronautical Acti�ities a# the Airport.
�irector - The Dir�ctar of the A�iation Department is responsible for the
administration, opera�ions, a�d ma�ntenance for all cify-owned and aperated airparts.
�WS - Depar�ment af Homeland Securiiy
�ntEty - An indi�idual, partnership, limited liability campany, corporation or other
busin�ss arganization doing business or desiring to do business on one or more city�
owned general a�iation aErports.
�A�► - Federal A�iation Administration
�light Trainir�g Operator - Camm�rcial Operator engagec# in praviding flight
instruction to the public at ti�e airpart.
Fixed �ase Operator �F�O} - A Cornmercial Operator engaged in the sale of
products, serv�ces and the renting or subleas�ng of facilities.
FIii�S — Fort Worth Spinks Airpart
��l� — Fort Warth Meacham International Airport
improvements - AI� buiidings, sfructures, additions, and facilities incl�ding pavement,
fencing, and �andscapin� constructed, installed, ar placed on, under, or abo�e any
land on the airport.
Infrastruct�are - Runways, Taxiways, taxi lanes, aprons, helipads, landing pads,
parking pads, na�aids, Airport Roadways, utilities, etc.
�eased Premises - Th� fand andlor Impro�eme�fs used exclusively under
Agreement by an Operator, lessee, or subfessee.
�imited Aircraff Services and 5upport � Limited Aircraft, engine, or accessory
su�port such as cleaning, washing, waxing, painting, uphofstery, pro�eller repair, e#c.
ot' oth�r relafed Aircraft services and support activities.
IVYisceilaneous Commercial Services and Support - Ground instructian, simulator
training, scheduling and dispatching, or any other related comrnercial services and
support activities.
�inimum Standards - Thase qualifications, standards, and criteria set farth as the
minimum requirerr��nts to be met as a condition for the right to engage in activities afi
city owned general a�iafiort airports.
f�on-Commercial Hangar Lessee � An Enfity that owns or leases an Aircrafit sto�ag�
facility an the airport for the purpose of staring Aircraft owned, leased, andlar
ap�rated by the Entity for non-commercial purposes only.
IVon�Commerciaf �essee - An Entity fhat ovvns or leases an Aircraft and operates
the Aircraft for a pri�afe purpose. In the case of a business, the aperation of Aircraft
must �e an anciflary acti�ity to support the business's purpose by �ra�iding private
transpor�atior� for the exciusive use of its employees, ag�nts, andlor customers. Ir� all
cases, the Non-Commerciaf Lessee r�either offers nor engages in comrnercial
aeronautical activit�es.
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Aviatian Minimum Standards 2
City of Fort Worth Aviation DeparEment (2097)
FORT �ORTH
AVIATION
��FENiTIONS
„ _ . : ._ - ,, � ��_ , � W . . _.....: �. ,a.. ._.. � :. � � � . n.� � ti - ��
Non�Profit Organization - An organization that is legally formed as a not-for-profif
organizatian, as registered wi#h the lnter�al Revenue Service �tnder 5Q1(c)(3} or fh�
5tate of Texas Non-Profit Organizatior� prouisions. As a Nat-For-profit Organization,
shauld an organization pro�ide commercial aeronautical activities, fihe organization
shall be �iewed as a Commercial Op�ratar.
Operator - An Entity that has entered into an Agreemenfi with the City af Fort Worth
Aviation Department fio engag� in comrnercial aeronautical acti�ities at fhe airport.
�ermitt�e T An Enfity that has written permission from t�e A�iatian Department to
conduct an actiuity at the airpori according to ihe parame#ers established by a permit.
Runway - An area of the airport developed and improved �or the purpose of
accommadafiing th� lar�ding and fakeoff of Aircraft.
Specialized p,viatEon Service A�erator (S�SO) - A sir�gle service pro�ider offering
a specialized aeronautical service such as Aircraft safes, flight training, Aircraft
maintenance, or a�ionics services. SASOs shall not sefl fuel.
�axiway - A defined path, usually paved, over which Aircraft can taxi from one par# of
an airport to another excluding takeaff and ianding.
iS�1- Transportation Safety Administration
iSR -- Transportation Security Regulations
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Aviation �fVlinimum Standards 3
City of Fort Worth Aviation Department (209ij
Fo�T i�aR�rH
AVIATiQN
I I� �7:t•7�+7�I3:�L•1i
_ . _,, , � _ :- , :- _ - . . _. . ,.. _.__
fRl�RODUC�'ION ,
A. Purpose
The purpose of these Aviation Minimum Standards (Minimum Standards) is to
encaurage, promote, and ensure:
1. The consisient pra�ision o# high qua�iiy aviation products, services, and
facifities at F'ort Wor�h Ailiance Airpor�, Fort Workh Meacham Infernat�onal
Airport, and Far� Worth Spinks Airport ("Airports" when refierred to
collecfively or "Airport" when referred to indi�iduafly);
2. The de�elapment of high quality a�riation Impro�emenfis and amenities at
the Airports;
3. Auiatian safety a�d security at the Airports;
4. The economic health of aviation Commercial Operators at the Airports; and
5. The orcferiy devefopment of Airport property for auiatian purposes.
Aeronautical activities may be praposed that do not fall within the categories
designated herein. !n such a case, appropriate Minim�m Standards shall be
established by the City of Fort Worth {City} A�iation Department (Department) on a
case-by-case basis for such acti�ities and incorparated into lessee's Agreement or
operator's Agreemen# witl� a sublessee.
B. Regulations
These Minimur� Standards are subject to, but not limited fo:
1. Federal A�iation Regulatians, Title 1�4 - Code of �ederal Regulations;
2. Texas Transportation Code, Chapter 22 - Cou�ty and Municipal Airpor�s;
3. Fort Worth A�iatian Department Leasing Policy; and
4. Fort Wor�h Code of Ordinances, Chapter 3- Airports and Aircraft.
5, Farfi Wor�h Aviation 5chedule of Rafes and Charges
ff the FAA determines that any provision of these Minimum Standards, any provision
of any Agreemenf, or any practice canstifutes a grant flf a prohibited exc[usi�e righfi,
such pra�ision shafl be deemed null and void and such practice s�all be discontinued
immediafefy.
C. Effecti ve Da fe
These Minimum 5tandards shall �e in effect upon adoptian �y the Fort Wor�h City
Council, unless repealed by t�e Cify. The Minimum Standards, adopted June 16,
1992 (the "�992 Standards, ") and the Minimum S�andards adopted May 4, 2094
(the 2014 5tandards) will confiinue to apply to ex�sting Improvemenfs cons#ructed
prior to the adoptian af these Minimum Standards, unless the current fmpro�ements
are in �iolation of the 1992 Standards at the time fhese Mi�imum 5tandards are
adap�ed. Unless expressly stated ofherwise, these Minimum Standards shal! apply
to all existing business�s and acti�ities at the Airport as af the sixth monfh after the
adaptian af these Minimum Sfandards.
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A�iati��.,r.� �.�.: s __ .,�ti�r, ._ _ _�.�.. ��u,x,: .
on Minimum Standards 4
City of Fort Worth Aviation Department (2097}
I'yORT �ORTH
AVIA1'Idl�f
INiRObUCTIOi�
, .; �.. : ,__ _
D. Self Se,vice _ _
An Aircraft owr�er or the Aircraft awner's emp�aye�s may perForm services that may
include fueling, maintenar�ce, or repair an the Aircraft nwner's Aircraft utilizing the
Aircraft owner's �ehicles, equipment, and resaurces (self�service). An Aircraft
owner who engages in self-service acti�it�es may not perForm services for
compensatior� or hire. The right fo engage in self-service acti�ities is canditioned
upon compliance with applicab[e regufatory measures. See Section 3 i, Seff Fueli�g
for additionaf requirements.
An Aircrafit Maintenance Oper�ator may defuel Aircraft, if necessary, for Aircraft
maintenance purposes only. Additionally, an Aircraft Maintenance Operator may
refuel the d�fu�fed Aircraft follawirtg pra�ision af required Aircraft maintenance.
Defueling and refue�ing sFtall r�ot be construed to permit ar� Aircraft Maintena�ce
Operator to en�age in the sale of aWiation f�els as this activity is specifically
reserved for an FBO (Secfion 4}.
An Aircraft Maintenance Opera�or conducting defueling and refueling af defueled
Aircraft shail have adequate and proper fuel storage, pro�ide fhe De�artment wi�h a
� Spill Prevention, Control, anc! Countermeasures Plan for defueling, refueling, and
fuei storage, and canfarm wifh Section 4.D.
Ca-np fueling is prohibited at the Airports.
E. Applicabilify
These Minimum Standards specffy #he star�darc�s andlor requirements that musf be
met by any Enfity engaging in aWiation aeronautical acti�ities at fhe Airpc�rts.
Throughout these Minimum Sta�dards, the words "standards" or "requirements"
shall be undersfooc� to be modified by the word "minimum" except where explicitly
sfiafied ofiherwise. Any �equired determinafiians, interpretations, or judgmer�ts
regarding what constitutes an acceptable minimum standard or requirement, or
regarding compliance with such minimum standard �r �equirement, shall be made
by the Department. All entities may exceed the applicable Minimum Standards or
requirements. No Entity shaf� be allowed to engage in a�iafion aeror�autica�
act��ities at the Airports under conditions that do not, in the Departmenf's sole
discretion, ful�y eomply wit� these Minirnum Standards, unless an exemption or
variance has been approved in writing by the Director.
These Minimum Sfandards si�all app�y to any use of Airport land or Impro�ernents
for the purpose of engaging in aviation aeranauticaf acti�ifiies.
F. 4lariance
The Departm�nt may, �ut is nat obligated to, appra�e variances fio these Minimum
Standards when special conditio�s or un�sual circumstances exist.
Requests far a �ariance must:
1. State the specific pro�ision(s) for which the �ariance is beirtg saught;
2. Desc��be the praposed �ariance;
3. Sfiate fihe reason for fihe �roposed uariance;
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A�iation Minimum Sfandards 5
City of Fort Worth Aviation Department (2097)
�ORT �ORTH
AViAT10N
li� I RODUC I IOf�
� _ - . _: �� .,.�.
.�.. .
. . .... _ . .
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4. Identifiy the anticipafed irrEpacf on the Airport (and o#her �ntEties incfuding
Qperators, lessees, sublessees, users of the Airport, and the public}, and
5. Identify the duration of the proposed �ariance.
Prior to the approval or denial of a variance, the Depa�tmenfi sha�l conduet a review
af alf rele�ant ir�formation ir�duding fhe request for �ariance as wel] as any other
information that may b� requested or required by the Departmenfi.
In taking action on a rec�uest far variance, the De�artment may grant tFte request
only whe� it is determined that:
1. Enforcement af specific provisions in these Minimum Standards wifl create
an unnecessary hardship or practicai ciiffic�lty in the intended use o� the
affected proper�y;
2. The �ariance wifl nof injure the exis�ing or permitfed use �f adjacent
conforming property in accordance wit� the Airport Master Plan; and
3. The granting of a �ariance is consistent with the purpose and intent of
these Minimum Standards.
Approvaf or denial of a �ariance shali be determined by the Department of A�iation.
If approved, the uariance shall oniy apply ta the �articular case for which the
variance is granted.
An appra�al by the Department of a �ariance shall not serve to amend, modify, or
alter these Minimum Standards or any existing Agreeme�t.
...,,..�.��aM ... .m, . .._.- . �.. ... F._� , . ._ � .. . �,_a _ _� _ � x_ ��.._,
A�iation Minirt�um Standards � 6
City of Fort Worth Aviation Department (2097)
FORT �QRTH
AVIATE�lV
C�N�RAL ��C�U[R�fP���1�S
.4. Introduction
G�RlEi�,L ��QUIR�I�A�NiS
All entities engaging in aeronauticaf activities afi the Airparts shall fully comply with
or exceed t�e requiremenfs of t�is section as well as the Minim�m Standarc�s
applicable to Entity's acti�ifies, as set forth in subsequ�nt sections.
�. Leased Pr�mises
An Entity shall lease or sublease sufficient land andlor lease, subl�ase, or construct
sufficient Impro�emen#s for the actiuify as required in t�ese Minimum Standards.
fmpro�ements s�all f�lly comply witY� appl[cable regulatory measures incfuding, but
nat fimited to, zoning, building and fire codes, setbac�Cs, access, ingress/egress,
drainage, and �ehicle parking.
Construction of any Impra�ements must be approved in ad�ance by th�
Department, in accordar�ce with the Department's requirements and any agency
having jurisdiction.
Leasec� premises requiring public access shall ha�e direct landside access. Should
landside access nat exist, pedesfrians or vehicles needing access ta the airField
shall receive n�n-mo�ement area training ar be escorted by an indi�iduaf who has a
non-mo�ement area permit.
A�rons should �e:
1. Contiguous ar�d separated by no more than a taxilane t�at alfaws Entity to
taxi or tow Aircraff without crossing a Taxiway or puk�lic roadway;
2. Of adequate size and weight b�ari�g capacity fo accommodate the
mouement, staging, and parking of fhe largest type, size and weight of
Aircraft the hangar was built to accommodate withouf interfering with fihe
mo�ement of Aircraft:
a. In and aut af ot�er faciiities; and/or
b. Operating to, from, or on taxifanes ar Taxiways.
C. Facilify Nlalntenance
Operators, at their sole cost and expense, shall:
1. Maintain fhe Leased Premises, including all related and associated
appurienances, fandscaping, paued areas, installed equipment and utility
services, o�llwater separatars, and security Impro�ements, in a clean, neat,
orderly, and fully a�erational candition consistent with besf practices and
equal ar betfer in appearance and character to other similar Improvements
at the Airport, normal wear and tear excepted;
2. Provide all necessary cleaning services for th� Leased Premises, including
custodial servic�s, trash rerr�o�af services, remoual of far�ign
objects/debris, remo�al of spent oils ar other fluids, cieaning of oillwater
separators, and any refaiecf services necessary to maintain the
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Aviation Minimurt� 5tandards 7
City of Fort Worth A�iation Department (2097}
�ouT'i�a��
�'�`
AVIA,'1'EON
������� ��c�u������,�s
� � Im ro�eme�__� �� , ... ..
_ _ e - _ _ _ _ __ _w .a,... .. �._
p nts in good, clean, nea�, orderiy, and fulfy operationai condition
cansist�nt with besf practices, normal wear and tear exce�ted; and
3. Replaee and/or reimburse the Department for, ar�y praperty damaged by
lessee, its activities, sublessees, customers, employees, visitors, vendors,
suppliers, or contractors.
D. Products, Services, and Facilities
Products, ser�ices, and facilities should be prouided an a reasanable basis to afl
Airpor� users.
�perator shall charge reasonable prices for �ach produc�, ser�ice, or facility.
E. Licenses, Permits, Certifications, and Rafings
Operator shall obtain and requir� �mployees to obtain, af Operator's or employee's
so[e cost, all necessary licertses, permifs, cer�ifications, or ratings required for the
conduct of Operafor's acti�ities as required by any agency having jurisdiction prior
#o engaging in any acfi�ity at the Airport. Upon request, Operator ar its empfay�es
shall proWide copi�s of such licenses, permifs, certificatians, or ratings to #he
Departmer�t within � 0 business days of date of request.
Qp�ratars, lessees, or sublessees engagetf in any activ[ty at the Airports, whether
using or occupying Airport land andlor Impro�ements ar otf�erwise, shali adhere to
the practices recommended by the FAA and the directives issued by the
Depar�ment.
� Employees
Operator shall emplay a qualified, experienced, and professio►�al on-site manager
who sha�l be fully responsible for the day-to-day managemenf of Operafor's
acti�ities.
Operator shaf� pro�ide a super�isor an the Leased Premises �to manage Operator's
acti�ities anc# such persQn shafl be authorized ta represent and act on behalf of
Operafar during all hours af acfi�ities vvith respect to fhe method, manner, and
conducf of Operator and Operafor's activities. When such person is not an the
Leased Prerr�is�s, s�ch person shall fae aWailabie by telephone 24 hours a day, 7
days a weel�.
Operator shall ha�e on duty, ar�d immediafely a�ailable during hours of acti�ity,
properfy traEned, and qualified employees in such numbers as are required to fully
camply with these Minimum 5tandards and to meef the reasonable demands of
customers for each activity being conducted by Operatar.
G. Equipment and l�ehicles
Alf required equipment and �ehicles must be fully operational and a�ailable at ail
times and capable o# providing a[I req�ired producfis and services in a manner
consistent with int�nd�d use. Equipment and �ehicles may �e unavai�able, fram
time to time, on a temporary basis due to routine or emergency maint�nance as
long as the equipment or �ehicles are returned to service as soon as possible,
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Aviation Minimum Standards 8
City of Fort WorEh Aviation Department (2097)
FOI�T �O�TH
,�v�[�.�'aoN G�Rl�RAL R�QUIR���i��S
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H. Hours of Actrvity
Unless atherwise s#ipulated in these Minimurn 5tandards, Operator's services shall
be offered a�d a�ailable to meet reasonabie demand of custom�rs far the acti�ity
eight hours per day between fhe hours of 6:00 a.m. to 10:00 p.m. Monday through
Friday exduding holidays,
If nof a 2Q�17 operation, Commercial
i�farmation for after�ours service shall
appropriate and professional signage.
Operator hours of act��ity and confiact
be clearly posted in p�ablic view using
Operatflr or Non-Commercial Lesse� shall cfesignate a responsible person for tFte
coordination of all procedures and commu�ications and prouide point--af-contact
information to the Depar�rr��nf including fhe name and felephone �tumber of the
primary and secondary contacts. One of the contacts shal! be available by
tefephone 24 haurs a day 7 days a week.
I. Security
Operatar and Non-Commercial Lessee shal! fully comply with the Department's
security requirements as applica�le to ihe Airpor�s, Leased Premises, and
acfivi#ies(e.g., Fort Wor�h Code of Ordinances-Chapter 3, 94 CFR Part � 39, as
amenc�ed, Transpo�tation Security Regulatians.
Operator or Non�Commercial Lessee must fully comply with applicable r�porting
requirements as established �y the Department, FAA, DHS, TSA, and any other
agencies.
J. Insurance
Operatvr or Non-Commerciaf Lessee shall pracure, maintain, and pay a!I premiums
throughout �he term of its Agreement for #he applicable insurance co�erage and
amounts required by regulatory measures and set fiortf� in Attachment A, Minimum
lnsurance Requirements, as amended from time to time, of fihese Minimum
Standards fiar eac� acfiWity conc�ucted. The insurance company or companies
underwriting the required policies shalf be authorized to writ� such insuranee in �the
State of Texas, with an A.M. Best's rating of A� or abo�e.
When co�erage andlor the amounts set forth in Exhibit D MinEmurn fnsurance
R�quir�ments, are not a�ailable on a commercialfy reasonab[e basis, appropriate
replacement co�erage andlor amounfis must be appro�ed by the Depar�menf.
The Department reserves the right ta require addit[onal or different �ypes of
insurance coverage based an an Entity's indi�idual risks andlor expQsures.
When an Entity engages in more than one acti�ity, it shall pracure and maintain
insurance for the combin�d total of the minimum requirements of each activity. An
Entity shall procure and maintain insurance for all exposur�s in amounts at least
equal to �he gr�atest o# the required mir�imum or as s#ipulated �y the Department.
A!I insurance that Operafor or Non-Commercial �ess�e is required to carry and
keep in full force and effect, sha�l name t�e Cify, and its representatives, officers,
officiafs, employees, agents, and �olunteers as additional insured. Afl insurance
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A�iation Minim�m Standards 9
City of For� Worth Aviation Department (2097)
FORT �ORTH
�
AVlA'I'IQ�I
GEi��RAL REQUf��fV��IVTS
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olicies includin an Workers' Comp, shalf include a Waiuer of Subrogation {Right
of Recovery) in favar of #he City of Fort Worth.
Liability policies shafl contain, ar be endorsed fio conta�n, th� faflawing pro�isions:
1. "Th� City indi�idually and collecti�ely, and its representati�es, ofificers,
�fficials, employees, agents, and �olunt�ers are to be co�ered as
addifional ins�red with respect to: liabifity arising out af acti�ities performed
by or on behalf of Enfiity; premises owned, leased, occupied, or used by
Entity; andlor �ehicles, eqt�ipment, ar Aircraft owned, leased, hired,
borrawed, or operated by Entity. Such i�surar�ce shall pro�ide primary
coWera�e and shafl r�ot seek any contributian fram a�y insurance or self-
insurance carri�d by #he City';
2. "Such insurance, as to the interest of the City onfy, shall not �e invafidated
hy any act or neglect or breach o# contract of Entity. Any failure to fully
comply wit� reporting or other pravisions of the policies shail nat affecf
caverage pro�ided to fhe City ir�di�idua�ly and collectively, and their
representati�es, officers, officiais, employees, agenfs, and volunfeers.
En�ity's insurance shafl apply separately to each insured against whom
claim is made or suif is brought, except wifh respect ta the aggregate fimits
of the insurer's liability"; and
3. "Cc��erage shall not be suspended, �oided, or cancelled by either pa�ty or
reduced in coverage or in limits except aft�r 30 calendar days pr�ar written
notice or 10 days prior written notice for cancellation for non-payment af
prem[um, by certified mail, return receipt requested, has been gi�en to
Department."
Certificates of insurance shall be deli�ered to #he Department upon executior� of any
Agreement, or when approvaf is given by the Depar�ment to canduct any acti�ity at
the Airport. Th�reafter, Operator or Non-Commercial Lessee shall pro�ide
certif�cates of insurance to the Depar�ment every 12 months. In addition, Operator
or Non-Car�mercial Lessee sha�l furn�sh a certificafe of insurance if any change, fior
exampEe, changing underwriters, coverage, ar amounts occurs.
The ca�erage and amounts stipula�ed herein for each actiuity represent t�e
minimum coverage and amounts thaf shall be rnaintained by O�erator or non-
commerc�al lessee, at al� times, to engage in actiuities at the Airpark. Operator or
Non-Commercial Lessee is �ncauraged to secure higher amaunts.
Operator or Non�Commercial Lessee shall, at its sale cost and expense, cause all
Improvemer�fis on th� Leased Premises to be kept insured to the fuil insurable
replacement cost with no depreciatian, ar as required by the lease for the
impro�ements, agaEnst the perils of fire, lightning, wind, hail, tornado, extended
coverage, andlor �andalism. The praceeds of any such �nsuran�e paid on account
fior any Of fhe aforementioned perils s�all be used to defray the cost of r�pairing,
resfori�g, or reconsfir�actEng Impro�ements to t�e condition and focation existing prior
to fhe casuafty causing t�e damage or destrucfiot�, unless a char�ge in design or
location is appra�ed, in writing, in ad�a�ce, by the Departmer�t.
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A�iatian Minimum Standards 10
Ciiy of ForE WorEh Aviatian De�artment (2077)
�ORT �ORTH
AVIA"TiON
GEfil��AL R�C�UiR��EiV fS
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Op�rafar or Non-Cor-nmercial �essee with E�nown en�ironmental contamina#ian
exposures shall be requir�d ta s�cure appropriate en�ironmenta� liability ins�rance
►rvifh co�erage amounts appropriate for the ty�e and leu�f of en�ironmental
cantaminafiion exposure risk, as deterrnined by the Department.
K. Indemnification and Hold f�armless
Each Entity shall defend, indemnify, sa�e, protect, ar�d �old harm�ess the City and
its representatives, officers, officials, empfoyees, ag�nts, and volunteers fram and
against any and a!I actual or af�eged claims, demands, damages, expenses, costs,
fees, inciuding, but not limited to, attarney, accountant, paralegaf, expert, and
�scro►ry fees, fines, en�iranmental costs, andlor penalties that may be imposed
upon, claimed against or incurred ar s�ffered by the City in whole or in part, directly
or ir�directly, arise #rom or are in any way connectec! with any of the foflowing,
except to the extent resu[�ing from the City's negligence Qr wiliful mfscanduct:
2
3.
4.
Any act, omission, or negiiger�ce of Entity or Entity's par#ners, officers,
Directors, agents, empfoyees, invitees, ar contracfors;
Any use, occupation, management or control af the Leased Premises by
Entity, whether or not due to Entity's own act or omission;
Any condition created in ar a�aut the Leased Premises after the effecti�e
date; and
Any hreach, r�ialafion, or nonperforma�ce af the Entity or the E�tity's
obligafions under any Agreement.
a. In the e�ent a party indemnified hereunder is responsible, in part, far
the loss, the indemnitor shall not be relie�ed of the obligation to
indemnify; f�owever, in s�ch a case, liabifity shall be ass�ss�d in
accordance with State af Texas prEnciples of comparati�e fault.
b. fn the e�ent of an environmental contaminating accidenf, to include
all leaks, spifls, or oti�er damage that may result through the
handling, storage, andlor dispensing ofi fuel, �r an incidertt caused
by Operafor or non-commercial fessee, its employees, its �endors,
ifs suppliers, its contractors, ar any ather Entity associated with any
Operator or Non-Commerciaf Lessee or any Entity �iola#es a�y
environmental law, Operator, non-commercial lessee, or �ntity shall
accept totaf responsibilfty and defend, indemnify, sa�e, profect, and
hofd harmless the City and its representafi�es, officers, afficiais,
employees, agents and volunteers.
Nothing herein shall constitut� a wai�er of any protection a�ailable to the City and
their representatives, officers, officials, employees, ag�nfs, and �olunteers under
the State of Texas gov�rnmental i�nrr�unity act or s�milar stat�tory provision.
L. Enforcement
In the e�ent an Enfity fails to compfy with the Minimum 5#andards, the Deparfiment
sha[1 send a written statement of uiolatian to such Entity at its fast Etnawn address.
The Entity shall ha�e 30 calendar days #rom date of r�otice witi�in which to pra�ide a
response to the Departmenf explaining why the violation occurred ar�d to ad�i�e fhe
D�partment that the �iolatian has been corrected. lf fihe Entity fails to cure the
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Aviat�on Minimum Stancfards 11
City of �ort Worth Aviation Departmen# (2017)
FoRT�o��rH
AVIATION
C�P��Fi,�� R�QUIR�IUYENTS
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�ialation within such time period, the De�artment shali ha�e the right to suspend or
re�oke the Entity's pri�ileges at t�e Airport, as fhe Depar�menf deems necessary in
order fo obtain a correction af the r�iolafian. In �he e�enf such violatian is not
susceptible to cure within 30 calendar days, �ntity shall haue such additionaf time to
effect a cure, as determined by fihe D�partm�nt. In addifion, the Entity's record of
any such violation shall be consicfered any time the Entity submits an applicatian,
seeks permission, or req�ests approval from the Department.
i�, ,�Ilul#iple Activities
The Minimum Standards or r�quirements for cflmbined acti�ities shall nat �e:
1. Less than the highes# standarc! or requiremer�f for each element within fhe
combined activiti�s; or
2. Greater tha� the cumufative sfiandards ar requirements for afl of fhe
combir�ed acfi�ities.
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Avia�ian Minimum Standards � 12
City of Fort Worth Aviation Depariment (2097)
F(lRT �OItTH
AVEA`F10N
�.
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I�IX�A ��S� OP�RAiOR (�'�O)
A. Introduction
�ix�o ��s� o����-ro� {��o�
These Minimum 5tandards shall not affecf any existing Impro�ements constructed
prior to dafie of promulgatiar� of these Minienum Standards.
An FBO can meet the requirements of Aircraft maint�nance by arrangement with an
authorized Uperator who meets the Minimum Standards for Aircraft Maintenance
Operator and operates at ti�e Airpor�.
B, Scope of Activify
An F'BO shall de�elop and maintain Standard Operating Procedures (SOP's} for
Aircraft fueling and ground handfir�g to ensure compliance with standards set forth in
AC QQ-34A cur�ent version, "Aircraf# Ground Handling and Servicing". FBO's S�P's
shafl include a traini�g plan, fue[ quality assurance �rocedures and associated
record keeping, and emerger�cy response procedures to fuef spi�ls and fires.
An FBO's SOP's shall be ava�lable to ti�e Depar�men� upan request.
An FBO should include the followir�g acti�ities, products and services:
o Aviation fuels and lubricants
Ground services, support and
amenities
� Aircraft mainfienanc�
o Aircraft storage or parking
�apranitiedowns andlor
hangars}
� Aircraft marshalling (direct to
park�ng)
o Aircraft towing
• Oxygen serv�ces
o Nitrogen services
� Compressed air services
� Lavatory s�rvices
� Pofable water service
� Aircraft ground power (direct
current)
g Baggage �andling & related
services
� Concierge services
� Courtesy transportation
� Ground #ranspo�tation
arrangements
� Accommadation arrangerr�ents
� Aircraft catering arrangements
� Aircraft cleani�g/washing
service
Any Entity proposing to establish an FBO shafl be required to meet the in�tial
minimum in�estment, as identified in the following table:
Es��bEisl� a� ��O
Minimum �nvestment
$15,QOO,OOQ � $15,000,000 � $3,000,000
o$15M initial investment or $10M minimum initia! investment with art additional $5M wiEhin 5 years
after the initial Improvements.
. The amount }�aid for existirtg ]mprovements may be cansidered as a part of the initial minimum
investm�nt requirement.
o Markei value appraisal may be consiclered io determine the initial minim�m investment.
o Improvements to existing Infrastructure may be considered as a part of the �nitial rrtinimum
in�estment requirements.
AFw � �Tvw � r•ws
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Aviation Minimum Stancfards 13
City of Fort Worth Aviation Department (2017J
Fo�T �"o�Tx
AVIA1'IDRI
F1X�C? �AS� OP���4iOR (F�O)
C. Leased Premises
FBO shall haWe adequate land and Impra�ements to accommodate all activifiies of
fhe FBO and ali approv�d sublessees, incfuding but not limified ta:
Lease[i Pret�is�s {squar� fiagt} � AIFVw ��� �Vtif�
FBO Main Terminal Apron ! 75,000 75,000 60,OOD
Weight bearing capacity
Terminal building (total)
Customerlcommon area
Hangar (transient Aircraft parking)
Door heightlwidth
D, Fuel Storage and Equipmenf
Group ill
5, 000
2,OOQ
20,000
28'/120'
Group ]II
5,000
2,000
20,000
28'1120'
Group ]I
5, 000
2, 000
24, D00
28'1'I 20'
An FBO shall develop, own, andlor lease a fuel storage facility and equipment at the
Airport in a location approved by the D�par�menf and consistent with the Mast�r
Pfan, Airport Layouf Plan, and/or Land Use Pla�. In no e�ent shall the totaf storage
capacity be less than:
�uel st�r�aye ��MtE �quipmenf � AFw , FTw
Jet fuel
Storage - minimum total capacity (galions) 20,OQ0 20,000
Equipment — minimum capacity of a refuelfng vehicle �,000 5,000
(galEons)
FWS
12,000
3,000
Avgas (Qptional)
5torage - minimum total capaciiy {gallons) 3000 30Q0 3000
�quipment-- mir�imum capacity of a refueling vehicle 750 750 750
(gallons)
o FBO shall have adequate and proper storage for waste fuel or test samples or the capability
to recycle same.
. Fuel storage facility must meet City fre cvde requiremenis.
o Far each type fuel, a#ixed self-service f�eling system is optional.
An F'BO musf retain ownershi� and responsibility af all fuels delivered fo the FBO's
sfiorage facility under [ease by the FBO and is responsible for the payment of alf fuel
flowage fees owed with respect to the fuel deli�ered to its starag� facifities.
An FBO shalf ha�e satisfactory arrangements made with a re�iutable auiation
petroleum supplier for the delivery of av�atian fuels.
An FBO shall provide the Depar�ment with a written Spill Prevention, Control, and
Countermeasur�s (SPCC) Plan that meets regulatary measures for F'BO's fuel
storage facifities and activities. Any time t�e SPCC is modifi�d, #he updated
documentatian reflecting the changes shall be provided to the Department within
three business days af the change.
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Aviation Minimum 5tandards �4
C[ty of Fort Worth Aviation Department (2D97)
FORT �ORTH
Av�A�on
�IX�� �AS� ���RAfOR (��O)
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Fuel de�ivered, stored, or dispensed by FBO shalf fully comply with th� quality
specifications outlined in ASTM D 1655 (jet #u�l) andlor ASTM D 1910 {a�gas}, as
applica�le. Ensuring the quality of the fuel is the sole responsibility of FBO.
Each fuel storage facility, each refueling v�hicle and all fueling equipmenf shall be
equipped and maintained to fully comply with applicaf�le regulatary meas�res
induding, but not fimited to those pr�scribed by:
1. National �ire Profecfion Association (NFPA} codes;
2. U.S. En�ironmental Protecfior� Acf (EPA);
3. State of Texas,
4. Co�nties of Tarrant, Denton, and Johnson as applicable;
5. City;
6. 14 C�R Part 139, Airport Certificatian, Section 139.321 current �ersion,
"HandlinglStoring of Hazardous Substances ar�d Materials"; and
7. Applicable current �ersian ACs [nciuding AC a0�34 "Aircraft Ground
Handling and ServicEng", AC 950I52�0-5 "Painting, Marking and Lighting ofi
Vehicles Used on an Airport", and AC 1501523a�4A "Aircraft Fuel Storage,
Handling, and Dispensir�g on Air�or-ts".
Refue�ing �ehicles sh�
regulatory meas�res,
wing and single point
hottom loaded.
li b� equipped with metering de�ices thaf ineet applicable
�ne refueling vehicle dispensing jet fuel shall ha�e o�er-the-
Aircraft servicing capabElity. All refueling �ehicfes shall be
For a fixed self-ser�ice fueling system, the location and capacity of the system shal!
be approved by the Department. In addition, the system shall:
1. Be a�ailab�e and mainfained by FBO for publ�c commercial use;
2. Ha�e adequate lighting and signage; and
3. Ha�e detailed and read�ly accessible instructions for the proper and safe
operafiion of the system, emergency sh�at-off, prap�rly rated fire
extinguisher, and fuel spill kif.
� Fueling Reports
O� or before the � 5ih calendar day af the subsequent manth, each FBO shall:
Pro�ide a summary report fo the Department identifying the number of
gallons of aviation fuel deli�ered to the FBO's fuel storage facility by fuel
�YPe;
2. Provide bill af ladings, as recei�ed from the fuel suppfier �ar fuel deli�ered,
in support of the summary report; and
3. Pay th� appropriate fees due to the Deparfiment as stipu[ated in #he
Department's Schedule of Rat�s and Charges.
Upon r�quest, records and meters shall be made a�ailable for review by the
Depart�nent or its designated representati�e.
F Ground Support and 5ervice Equipment
The following fist of ground support and service equipment shall be prouided by an
FBO ar authorized Operator at the Airport:
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A��ation Minimum Standards �5
City af Fo�t Worth A�iation Departm�nt (2097)
�ORT �ORTH
n�A�ox
��x�� ��s� o�����o� (��O)
..
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Oxygen cart Nitrogen eart
Compressed air u�it Lavafory service cart
Potable vvater �nit Air stair unit
Ramp marshalling �ehicle Ramp transportatior� �ehicle
Courtesy �ehicle Aircraft towing veh�c�es
Taw bars/heads Aircraft ground power (DC}
Aircraft wash rack 5pill kit
Equipment for securing Aircraft on the apron
5pill kits shall include the necessary equipment and materials to confain a fue! spill
and r�strict fuel or other hazardous rt�aterials frarn flawing i�to drains and other
areas in compliance with the Operator's SPCC plan.
G. Hours of �4ctivity
!n adcfit�on to the general requirements {Section 3,1), the FBO shall make availabfe
Aircraft fueli�g, parkir�g, ground ser�ices, support, and amer�ities to meet
reasonable demands of cusiomers during weekends, holidays and after hours.
H. Employees
A� Operator shall employ the followir�g minimum n�amber of employees wha shafi be
a�ailable du�ing required haurs of acti�ity. A Line Service Technician rnay fulfill the
res�onsibiliti�s af th� Custorner Serv�ce Representa�ti�e unfess fhe Line Service
Technic�an is perForming duties off #he Leased Premises. An FBO shal! have at
least one supervisory Lir�e 5ervice Techr�ician trained in an FAA approved fire
safety program, as defined in 14 CFR Part 139.321 current �ersion.
r-.�r�����ee� �F+ry �fiw Fws
LFne Service Technician � � �W �
During hours of activity 1 1 1
Afier hours on-call response time 1 hour 1 hour 1 hour
Customer Service Representative
During hours of activity 1 1 1
!. Aircraff Removal
Reeognizing that Aircraft remo�al is the responsibility of the Aircraft owner/Operator,
an FBO should be pre�ared to lend assistance when a request is made by the
Departmenf or the Aircraft ownerlOperator in order to maintain the operational
readiness of the Airport.
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,:. _. .
Aviatio�n Minimum Standards 16
City of Fort Worth Aviation D�par#ment (2097j
Fo�T �'o�rH
�v�,��or�
Ai�c�AFr nnaEN�r��a�c� o��R�,-ro� �s�so}
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AIRCRp,�i 1VIAINi�NANC� OP�RATOR (SASO)
A. Introducfion
These Minimum 5tandards shail not affect any existing Impro�ements cor�structed
prior to date of promulgation of these Minirr�um 5tandards.
B. Leased Premises
An Operator engagin� in this acti�ity shall have ac�ec��ate �eased Premises, as
approued by fhe Depa�ment, fia accommodafie af] activities of O�erator. In addition,
all Impro�ements shall meet all appiicable bui�ding and fire codes related to the
acfi�ities
C, Employees
An Operator shall empfoy the fiol�owing minimum nurt�ber af employees who shall be
available during fhe required hours af acti�ity as foliows:
Em�foyees nFk�J F�'w �w� --
A& P Mechanic 1 1 1
Customer Service Ftepresentative 1 1 1
■ A secand A& P Mechanic may fuffil] the responsibilities of the cus#omer service representative.
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Aviation Minimum Standards 'f7
City of F'ort Worth Aviation Department (July 22 207�4)
�ORT V�ORTH
�.v��.�o�v
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AVIOf�ICS OR If�S�RU��N� �Aff�YENA.NC� OP�RATOR {SASO)
.4. lnfroduction
These Minirr�um Standards shall nat affect any exisfiing improvements constructed
prior to date of promulgation of these Minimum Standards.
�, Leased �remises
An Operator engaging in this acti�ity shalf ha�e adequate Leased Premises, as
approved by the Departrr�ent, to accommadate all acti�iti�s af Operatar. In additian,
all Impra��ments shall meet all applicable building and fire codes related to the
�CtIVItIBS
C. Licenses and Certifications
An Operator s�ail be properly certificated by the FAA as a Repair Station, as
cl�fined by 14 CFR Part 145 current �ersion.
D. Employees
AVIO�ICS OR 1f�5��UfV�ENT
�IAIiV7ENANC� OP�RAiOR (5AS0)
Operator shalf employ the following minimum number af em�loyees wf�o shall be
a�ailable during required hours of acti�ity as follows:
�krl pl ���e5
a��� �r�
1 1
1 1
��+s
TechnEciar�
Customer Service Representative
i
1
p A second Technician may fuffill the responsibilities of ti�e C�stomer Service Representative.
E. Equ�pment
A� Operator shall pro�ide sufficier�t shop space, equipment, su�plies, and
a�ailabiiify of parts as required for certFfication f�y the FAA as a Repair 5fiation, as
sfipulatecf in Operator's 14 CFR Part 145 c�arrent version Repair Station Manual.
... ,. .,_ : . � _ . .: ,.:r , � .. � ... . .
� ,. � : ,.., z._ N..,. , �._-,. �� .,
Aviation Minimum Standards 18
City of Fort Wo�th Aviation D�partrnenf (July 22, 2094)
�`OI�T �O�tTH
�
A�+IA`i'IOI�f
AIRC�iA�i ��Nir4L OR
�L.lCF� T YR�4iiV1N� OP�Rp,iOR (SAS�)
- . , ,,,. � . . ,. _ ., k.�; _ , ,.....,. � ,._. � . _, _ . - -
AIRCR�4�T R�IVT�4� OR F�1CbT' TRAlIV1NG ���RAfOR {S�4SOj f
A. Introduction
These Minimum Standards shafi not affect any exEsfing Imprar�ements constructed
prior fo dafe of promu�gation of these Minimum Standards.
A person holding a curr�nt FAA cer�ified flight insfrucfor certificate, who pro�ides
occasfonal fligh�t training and does r�ot make flight �training a�ailable fo the public,
shall nofi be deem�d a commerciaE acti�ity.
An Aircraft owner seekin� inifiial ar recurrenf training in their own Aircra�'t may
compensafe a flight instruc#or for instructian to the owner in their own Aircraft.
�. Leased Premises
An Opera�or engaging in #his ac�i�ity shall have adeq�afe L.eased Pr�mises, as
approved by the Depar�ment, to accammadate alf ac�i�ities of Operator. ln addition,
all ]mpro�ements shall meet afl applicable builcfi�g and fir� cades related to the
acti�ities
C. Employees
Ar� Operator shall emplay the following minimum number of employees who shall be
a�ailable during required hours of actiuify:
�m,]�oyecs
Flight Training Operator
F'light instructor
Certificated Ground Sc�ool Instructor
Customer Service Representative
Aircraft Rental Operator
Flight Instrucfor(s)
Certificated Ground Schaol Instructor
a��w_� ��r�nr- — - - �v�rs
1 1 1
1 1 1
1 1 9
1 1 1
9 1 I 1
a A F'light Instructor or Certificated Ground 5choal Instructor may fulfill the responsibilities of the
Customer Service Reoreseniati�e unless the emplovee is not available.
_ _ � . _ , . _ ___;: _ ux
�:.:. - �. ._: �� � �.� .�� n. .r. ,.. , :::: ,, _._ ;. " � , , . . .........
Aviation Minimum Standards 19
City of Fort Worth Aviation f]epariment {July 22, 2074)
Fo�T �Vo��H
AVIAT`EO1V
AIRCRA�T f��l� fAL OR
F�i�r�� ��►i�i�� o�r���roR �s�►so)
< . . _. _ ._. .>..... ,:.�.�:.....
�:. .. .... -. _ . � � _
m
D. Equipment
An Operator shall have the followirtg number af properly certified and ai�n+arthy
Aircraft a�ailable fior �'ental or us� in flight training, as appficable. Alf Aircraft shall be
owned, leased, andlor operated �y the Operator.
�au�#�ment
Aircraft Rental Operator Aircraft
FixecE wing: singfe-engine
A�114+ fl'1N
2 2
FWS
2
Flight Training Operator Aircraft
�ixed wing: single-engine 2 2 '1
Helicopter 9 9 1
• One Aircraft must be IFR capabie unless Flight Trai�ing Operator is only provicEing s}�ort pilot
iraining.
o If providinc� helicopter fliqht trainina, it is reQuired to own, lease andlor operate a helicopter.
F'light Training Operafors shall pravide, at a rr�inimum, adequate training aids
necessary to provide proper and effecti�e ground schaal instruction, in accardanc�
with the Code af F�deral Reg�lations Part 61 ar�d or Part 141.
L'. Hours of Activity
Op�rafor shall be open and services shall be a�ailabEe to meet fhe reasor�able
demands of customers #or fihis ac#i�ity as follaws:
Hours oi A�#i�lly
Hours
Days per week
Holidays
Aft�r hours
F. Insurance Disclosure f7equirement
.,._
J4FYV F�UV I FW�
8 hours per 8 hours per 8 hours per
day day day
5 5 b
No No No
Pripr Prior Prior
arrangement arrangement arrangement
Any �perator conducting Aircraft rental or flight training shall post a rtotice and
ir�corporate within fts rental and instruction Agreemertts, as w�ll as pro�icfing a copy
of such natice to the Departme�t, that:
1. Identifies the insurance couerages pra�ided to the renter or student by
Operator;
2. Discusses when and how the insurance co�erages apply;
3. Indicates where additional information can be obtained; and
4. Ad�is�s the renter or student tha# addifional insurance co�erage is
available.
�Aviation Minimum Standards o� ���.� � � � ....z.. � ��.: : -...m,� �:�- � �,��;m. ��-.---_. _._,� - ._.. _ � _ . ,�.
,. � 20
City of F'ort Wortf� Aviation Depar#ment (July 22, 2014}
�ORT �ORTH
AVIEiTIO1V
Af RCRAF Y CF;ARi�R OR
AIR.CRA�Y IVIAAlAG���iU�' O��RAiOR (SASOy
AI RC R-. . ..:. _ . F., _ -._� � � .: _ _ __�.;. � ��.,_ . _.� , .
A�"� CHAR��R O� AI�CF�AFT MIAiV�4GErilI�NT OP�I�A�OR �S�oSO)
A. Mtroduction
These Minimum Standards shafl not affect any existing Ir�provements constructed
prior to date of promulgatiQn of fhese Minimum Standards.
B, Leased Premises
An Opera�ar �ngaging in this acti�ity shalf have adequate Leased Prerrtises, as
appro�ed �y #he Departmer�t, to accammadate all acti�ifies of Operafor. ln addition,
all Imprav�ments shalf ineet all applicable building and fire codes related to the
activities
C. L,icenses and Certifications
An Operator shall ha�e all apprapriate certificafio�s, licenses, permits, insurance
anci app�'avals.
D. E'mployees
An O�aerator shall empioy the following minimum �umber of employees who shall be
available during requ�red hours of acti�i#y:
�mployees
Commercial Pilot
�a�w r•Tw �ws
1 1 I 1
Customer Service Representative 1 1 9
� A Pilot may fulfill the responsibilities of the Customer Service Representafive unless the Pilot is
not available.
An Operafor shall employ one Customer Service Representati�e as an employee
who shall be available during haurs of acti�ity. If an Aircraft Management Op�rafor
is providing pilot ser�ices, the Aircraft Manag�ment Operator shall employ at least
one Commercial Pilat as an employee who shall be a�ailable as needed.
E. Equipment
An Operator shall pro�ide at least one certifed and continuously airworthy Aircraft,
either awned, leased, or aperated by the Operator, far the type of Aircraft char�er
service bei�g provided that sha�l be eqt�ipped for and fully capabfe of flight under
instrument conditions.
F, �lours of Activity
An 4perator shall be open and services s}�all be available to meet th� reasanable
demands of c�stomers for t�is activity.
An Operator`s initial response fo a prospective customer's inquiry shall not exceed
one hour.
,_,e_ ,, � ,,� ,<: ti�ti r. - ��� , � �. . . _.:.. .. __.,, _. . - __ �__ .
Aviatio:.. . W . :. ..:. . _ ,� .. .:.,. . .�. _ ,..�.-.. _ _ ..
_
n Minimurt� Standards 21
City of Fort Worth A�iation Qepartment (Jr�ly 22, 209a)
�`o�r �o�Tx
AVEAT1dPf
AIRCI�AF� SALES OPERr4i0� {SASO�
� x.. ,..,;_
AIRCRA�i Sp,��S OPE�Ai � ...._ .._. ._..._
oR isaso}
�4. Introducfion
These Minimum Standards sha�l not affect any existing Impro�ements constructed
prior to date of �romulgation of these Minimum Standards,
B. Leased Premises
An Operator engaging in this activity shall ha�e adequate L.eas�d Premises, as
approued by the Department, to accommodafe all activities of the Operator. In
addition, ail Impro�em�nts shall meet all applicabEe building and fire codes related
to the acti�ities
C. Dealershrp
An Operator, who is an authorized fac#ory sales franchise, dealer, or distributor
ei#her on a retail or wholesale basis, shall ha�e availak�le ar shafl make availa�le
with reasonable advance notice at least one cu�'rent modef demonstrator afi Aircraft
in each of its currentiy a�athflrized product lines.
D. Lieenses and Cerfifications
Employees shall be properiy certificated by the FAA, currenf, ar�d I�old the
appropriafe ra#ings and medical cer�ification far providing flight demonstration in all
Aircraft affered for sale.
�. Hours of Activity
An Operator shall be open and services shall be a�ailable to meet reasanabfe
demands ofi cusfomers for this acti�ity. Ti�e Operatar shall ha�e a Customer Service
Representati�e (CSR) available ar utilize another on-site Entity's CSR.
- :. , _.: . :, _ . � . . ..x r �.. . �: _ _� - - _. .vu�,
AviationvMinimum Standard
$ 22
City of Fort Worth Aviation ��partment {July 22, 2094}
�ORT �ORTH
a�v[A�aon� AIRC�A�� S�OF�AG� OPL �AYOR (SA50)
AIRCRAFT SiORAC� O��RATOR (SASO)
,4. lntroduction
These Minimum Standards shafi not affect any exisfing improWements const�ucted
pri�r to date of promu[gation of these Minimum S�andards.
I�. Leased Premises
An Operatar engaging in this acti�ity sha�l have adequate Leased Premises, as
approved i�y the Depar�ment, to accommodate all acti�ities of the Operator. in
addition, afl irripro�ements shall meet afl app[icable building and fir� coc�es related
to the activities.
C. Hours af Activity
An Operator shall ensure the facilities are readily accessible for use 24 hours a day,
7 days a week ir�cluding holidays.
Aviation Mirtimum 5ta`� � . . �� < - - -, . ,. ...:_; :.. ..
�...,� _ ._- . , .
ndards ,__ ., ... , _ 23
City of ForE Worth Aviation Department (July 22, 2094)
�ORT �ORTH
nvEr��o�r
AVIAiiON S��VEC� SOL� PROPRI�iOR
, LL. ,.* .,.... �... �.
AVIATION S�RViC� 5�i�� ��O�PRI��O�
�4. Introductian
These Minimum Standards shafi not affect any existing ImproWements constructed
prior to date of promulgation of fihese Minimum Standards.
In recognitian af the nature in which certain services are currently �eing provided to
general a�iation cusfomers af the Airports, the City has establish�d a special
Operator category through which certain serv�c�s can be provided to the
ownerslOperators of piston powered Aircraft.
An A�iation SerWice Sole Proprietor is a Cammercial Operafor engaging �n one of
the fo[lowing services:
2
3
Aircraft MaintenancelA�ianics Maintenance — pra�iding Aircraft
maintenance, parts, accessories, and related components, as defined in 14
CF'R Par� 43; pro�iding maintenance or alteration of Aircraft radios,
electrical systems or instruments as defined in 14 CFR Part 43, Appendix
A for piston powered Aircraft other than those owned, leased andlor
operated by the Operator on the Airport;
Flight TraininglAircraft Rental — pra�iding flight insfirucfion and/or Aircraft
renta! ta the public af the Airporfi; or
A person holding a currer�t FAA certified ffight i�tsfructor certificate, who
pro�ides occasional flight traEning and does not make flight firaining
auailab�e to the pubfic, shal� not be deemed a cammercia� acti�ity.
An Aircraft owner seeking initial ar recurrent trairting ir� their own Aircraft rt�ay
compensat� a flight instructor for instruction ta th� owner in their own Aircraft.
B, Leased Premises
An Operator engaging in this activity shall ha�e adequate Leased Premises, as
appro�red by the Depar�ment, fo accommodafe a[I acti�ifiies of the OperatQr. In
additian, all lmpro�ements shal! mee# afl applicable buildin� and fire codes r�lated to
the activities.
C. Employ�es
An Operator may not employ any other persons ather than himself/herseff an a full-
time basis. The Operator shafl be properly frained, certified, and curr�nt for the work
being per�ormed m accorclance with requirements of �he FAA andlor other regulatory
bodies. Temporary part-firr�e help or Temporary Specialized A�iation 5ervice
Operators shall not be cor�sidered as fufl-time employees.
If, at any time, the Operatar employs or pro�ides compensation an a full time basis to
any other person, other ti�a� the sole propriefor, the Operator wifl be required to meet
the Minim�m Standards for the services being provided.
D. Equipmenf
Aircraft MainfienancelA�ionics Mainienance — the Operator shall ha�e alf reasonably
necessary equipmertt for the praper performa�ce of ser�ices b�ing proWided m
accordance with fhe manufacfurer's specifications and appl�cable F'AA regulafions.
� ,,� � �_ � ,.a � . , . --�-�
.,a� _ . �, � �_.�. �:..,.: � �... ,., a,.�. ,, . , , _�1 �,:s,:�W. .,. -a, .__, : . . � �_ .
Aviation Minimum Standards 24
City of �ort Worth Aviation Department (July 22, 2094}
�'oRT �o��rH
AVIATEON
AVIA�IOR! S�RV[CE SOL� �ROPRI�TOFi
...:.... .
Fli hf Trainin /A�rcraft Rental the O
_, ` � _ . . . .. _,. _ � ...�.... _.
g g — perator shall haW� at least one properly
certified and airworthy Aircraft a�ailable for #he servfces offerecl. All Aircraft shall be
owned, leasecf, andlor operated by the Operatar.
Flight Training -- Operators shafl pror�ide, at a minimum, adequate training aids
necessary ta provide proper and effiectiue graund school instruction.
E. Hours of �4ctivity
An Operator sha�l be open and servic�s shafi be a�ailable to meet the reaso�able
demands of c�stomers for this activity,
F, Insurance Disclosure
An Operator conducting Aircraft flight training ar Aircraft rental shafl post a natiee
and incorporate within its rental and instruction Agreements, and pro�icfe a copy of
such notice to the Depa�tment, that:
�. Idenfiifies fh� insurance co�erages provided to the renter or studeraf by the
Operator;
�. Discusses when and how the insurance coverages apply;
3. lntlicates where additional infarrr�a�ion can be obtair�ed; and
4. Advises tf�e renter or student that additional insurance co�erage is
a�aila�le.
_._ ��..xo - � r-.,:.- - .. ._ �U . ..;, _ . , .
Aviakian.. T �..... m�. e. :--. _ �:: ��. _: ..
Minimum Sta�dards 25
City of ForE Worth Aviation Departrnent (July 22, 2094j
�a�T�o�TH
AVIATION
O'iH�R CO�IIIIIdII�RCIA� A�RONAUTICAL ACiIVI�I�S {S/�50)
�. , � � . � � . �.. . _
O�'F{E;R COIVIM�RCfpo� �,�RONAUTICAL AC�iVIil�S (S�SO)
A. Introduction
This section pertains to ath�r commercial SASOs engaging in Limited Aircrafit
S�rvices and 5upport acti�i#ies, Miscellaneous Commerciaf Services and Support
activities, or air transportation ser�ices for hire activifies, as follaws:
1. Limited Aircraft Services and Suppor�;
2. Miscelfan�aus Commercial 5ervices and Support;
3. Other Air Transportation Services for Hfr�; and
4. Non--Profit Organizations.
These Minimum Standards s�all not affect any existing frnpro�ements constructed
prior to date of promulgation of these Minimum Standards.
B. Leased Premises
An �p�ratQr' engaging in fhis �CtlVftj/ shal[ ha�e adequate L.eased Premises, as
approved by the Department, to accommodate all acti�ities of t�te Operaior. f n
addition, all Impro�ements shall meet afi applicabie building and fire codes related to
the acti�ities
C. Employees
An Operator sha�� pro�ide a sufficient number of empfoyees to carry aui activify in a
safe, secure, efficient, prompt, caurteous, ar�d professional man�er w�ile a�so
meeting the reasonable demartds o� cusfamers for the acti�ity.
D. Equrpmen�
An Operator shall ha�e, based at the Airporfi, sufficient ��hic[es, equipment, and, if
appropriate, one certifiec! and cantinuously airworthy Aircraft eifher owned, leased, or
operated by the Operafor.
An Operator shail ha�e sufficient materials and/or supplies auailable ta sup�or-t tY�e
activity.
E, Hours of Acfivity
An Operator shall be open and services shaEl be a�ailabie during the hours
maintained by qualified and experienced et�tities pra�iding comparabfe services
andlor engaging in sEmilar acti�ities at comparabfe airports irt like markefis.
An Operator's services shalf be auailable ta meet fhe reasnnable demands of
cusfiomers for fhe acti�ity.
Avration Minimum,5ta . ..�:, . _r..... �.. .�� __- � -. _,.-: = :. � _ _ _. . _ __ __�_� _.._.
. _. ndards 26
City of Fori Worth Aviation bepartment (July 22, 2074)
s��.� �ur�i��
A, Infroduction
Non--commercial entities engaging in self-fueling shall also be required to fully comply with
appl�cabl� regulatary measures and submit an application for a Self-F'ueling Permi�.
�. Permif/Approva!
No Entity shal� engage in self-fueling unless a �alid A�iation 5elf-�uefing Permit authorizing such
acti�ity �as �een obtained fram the D�partment. Such Entities shal[ herein be referred to as self-
fueling Permittees.
The A�iation 5e�f-Fuelirtg Permit shall not reduce or lirrtit self-fueling Permittee's obligatior�s with
respect to t�ese self-fue(ing standards.
Prior to issuance, a s�lf-fueling Perrt�ittee shaf� pro�ic#e evidence of ownership any Aircraft being
fueled by self--fueling Permittee.
C. Fueling Reports
On or befare the 15t�' calendar cfay of the subsequent month, a self-fueling Permittee shall:
1. Pro�ide a summary repor� fo the Department identifying the number of galions of aviation
fuef deli�ered to fuel storage facil�ty by fuel type;
2. Pro�ide bill of ladings, as recei�ed fram the fuel supp�ier for fuef deiivered, in suppo�t of the
summary report; and
3. Pay the appropriate fees due to the Department as stipulated in the Department's Schedule
of Rates and Charges.
Upon request, records and meters shafl be made ar�aila�le for re�iew by the Departm�nt, or its
designated repr�sentati�e. In the case of a discrepancy betvveen the amoun# of fuel reported to be
deli�ered to the self-fueling Permittee and the amount of fuef reparted by the self-fueling Permittee,
th� greater amount shall pre�ail and the self-fuel�ng Permittee shall promptly pay all additional fees
due the Departmenf. The Deparfiment �as the right to terminafe the self-fueling permit if any
�iolations in reporting are found.
D. Fuel Storage and Equipment
A seff-tuefing Permittee shall demonstrate that safisfactory arrangements have been made far th�
storage of fuel fhrough s�lf fueling Permittee's fuef sforage facility andlor equipment locafed in a
designated it�el storage area specified and appro�ed by the Departmer�� and agencies ha�ing
jurisdiction. Fu�l storage tanics shall be for the exclusive use of t�te seff-fueling Permittee only.
En#ities authorized by the
Department shali lease land and consfruct ar install an above ground fuel storage fank in the
designated fuel storage area. In no event shall t#�e total starage capaci#y b� fess than the foflowing,
for the fuel type utilized, as specified on the self-fuefing permit:
Fu�l St�r��a and �q�ipm�r�i - - -----
.�et fuel
5torage - minimum total capacity (gal�ons)
Equipmen# — minimum capacity of a refueling �ehicle
(gallons)
Avgas
Storage or �quipment - minimum capacity (gallons)
AFkhf ---� Fik�+_--�-- FW�
10,004 10,ODQ 10,O�Q
2,000 2,000 2,000
750 750 750
o Refueling v�hicl�s shall be for the excl�sive use of the self-fuefing Permittee only.
e Refueling vehicles are not �ermitted to leave the Airport for the purpose of obtaining fuel.
o For each tvoe fuel utilized. a fixed self-service fuelina systern is a�tional.
Documentation shall be available at the fuef storage faciiities that identify the FAA N-number(s) of
the Aircraft perrnitted to be seff-fueled under the A�iation Self��'ueling Permit.
A self-fueling Permittee shall be liable and shall defend, indemnifiy, save, protect, and hold harmless
the Department for all leaks, s�ills, or other damage that may result throug� the handling, storage,
and dispensing of fuel.
F'uef deli�eredldispensed by a self-fueling Permittee shall fully comply with quality specifications
oufilined in ASTM D� 655 (Jet fuelj andlor ASTM D 1910 (A�gas), as appficable. Ensuring the quality
of the fuel is the sole responsibility of fhe self-fueling Permittee.
Lettering, no less than six inches in height, shall be on the side of fhe refuefing �ehicle that identifies
the FAA N-number(s) of ti�e Aircraft permitted ta be self-fueled under the A�iatian Self-Fueling
Permif.
Refueling vehicles and al� fuefing equipment shafl �e equipped and maintained to fufly comply with
appficable regulatory measures but not limited to those prescrEbed in Section 4.F. of these Minimum
Standards.
A self--fuefing Permittee shall ha�e satisfactory arrar�gements made with a re��table a�iation
petroleum supplier for the delivery of a�iation fuels.
Prior to engaging in self-fueling, that includes transporting fuel onta the Airport, a selfi fueling
Permittee shall pro�ide the Depar�mer�t with a wriften SPCC �lan that meets app[icable regufatory
measures for fuel storage facilities and the self-fuelir�g Permitte�'s acti�iti�s. An updated copy af th�
SPCC plan shall be filed w�th #he Depar�ment at least 30 cafendar days prior to any planned change
in operat�ons.
A self-fuefing Permittee shall de�elap and maintain SOP's for fueling and shall ensure campliance
with standards set forth in AC 00-34A, "Aircraft Grouncf Handling and Servicing"
Permiftee's SOP's shall include a training plan, fuel quality assurance �rocedures
record keeping, and emergency response proced�res ta f�ae1 spills and fires.
E. Compliance with Environm�ntal Laws
. A self-fiueling
and associated
Fuel storage andlor the fiixed fueling station and all fueling equipment shall camply with all applicabl�
federal, state and local en�iranmentaf iaws, rules and reg�latians. A self-fueling Permittee shall
notify the De�artmet�t immediat�ly upan the occurrence afi any �iolation of the en�ironmental la►rvs or
any event that may affect #he environmental candition of the fuei starage facility andlor the fueling
statian and all fuelir�g equipmertt.
F. Remediation and Insurance Requirements
A self fueling Permittee shaEl be fulfy responsible for the �iolation of any en�iro�mental faws caused,
in whale or in part, by self-fuelir�g Permiftee, its afficers, agents, s�rvants, employees, contractors,
subcontractors, or invitees, whether such violation occurs d�ring fhe current permit period, or during
a pre�ious period in which the self�fueling Permittee operated the tuef storage facility andlor the
fueling station and all fuelir�g equipment
As assurar�ce to the Departrrtent that fhe self-fueling Permittee is reasonably able to comply with t�te
requirements of this Sectian 17, tf�e self�fueling Permittee shall procure and maintain an
Environmental Impairment Liability Ins�rance PoEicy that pro�ides co�erage, per occ�rrence, for any
incidents involving the fiuel storage faciliiy and/or the fueling stat�an a�d all fuel�ng equipment, in
accordance with the Department's Minimum fnsurance Requirements.
G. r"ersonnel
Wi�h regard #o safety procedures, self-fue[ing Permittee's fuel disper�sing employees sha�l be
properiy trained in an FAA appro�ed fire safety program, as defined in 14 C�'R Part 139.321 current
�ersion.
W. Perm�t Revocation
A self-fueling Permittee shall not seil andlor dispense fuefs to based Aircraft ar transienf Aircraft that
are not owned o� leased, and operated by the self fueling Permittee. Any such sefling or dispensing
shafl be grounds for immediate revocation of fhe se[f-fueling permit by the Department.
V4
�xhlbit 6
�FU�1 Airp�r� �ul�s �r��l ���ulati�h�
February 24, 20Z1
For �his addendum, the �kerm "Operator" means a"Commercial
Operator", as described in t'he City of Fort Worth Aviation Minimum
Standards.
A.1 High �o�er �ngine Runs
The �aried range of aircraft opera�ing at Fort Worth Alliance Airport
(AFW� inc(ude many powered by highWairflow turbojet and turbofan
engines. Maintenance necessary for the propulsion systems on these
aircraf� require that the engines be run at power-lever--angle tPLA}
settings simulating the installed operational flight pro�i�e. This high�
power run up stresses the engine and it must pass this test to be c�eared
fior �ligh�.
The high-power engine runs �ake a considerable length of time, and �he
high-�elocity, high temperature ��15D0 °F), expansive noise contours
�dBA>100) characteristic of �hese run ups prohibit conducting them on
�he operator's ramp, or elsewhere on the airfield without special
pro�isions. Afliance Air Ser�ices (AASj c�n accommodate this �esting by
utiiizing �. -= __ -_ -_ -'. - -=_,: = - --: ����� the blast
r �� �� �, +�� - ., � i- ,�� ���
walls ,ti �'���' : � � �'� , �'-�-:� located
�i 7� � � �, ��
on the � ; . ,1i._� _ ��`.. �; ���1 north
ramp
�o the GDC
shown in
adjacent
hangar as
�igure �..
1
V4
To utilize �his facility the aircraft must be taxied or towed into positior�
and secured by the operator. Operator personnel or their qualified
subcontractors will be required io initiate and monitor the engine runs.
A(so, �o mitigate the o�erall risk of th�s test all persons authorized to
super�ise or directly participate in engfne ground running from the fligh�k
deck who are no� pi�ots or flight engineers must have received both
initial and recurren� quali�ication for engine ground running du#ies.
A.� Airpar� �oundary Se�urity
US Code �.4 CFR 139.335, "Public Protection", and the City of Fort Worth
Ord. 16931, § 1, adopted May 9, 2006, as amended "Fort Worth Alliance
Airport Access" both requ�re that �he airport be secure from eniry by
non-authorized personnel, wildlife, or vehicles. As documented in the
Airpori Certiftcation Manua� �ACM), the principle means of achie�ing this
requiremen� is joint participation by all operators on the airport to
de�elop or re�ise the security section of the ACM plan. Key efements of
�he plan are ��.} personnel access control, and �2� perimeter control - a
physicai barrier �fence) around the airport boundary and assoctated
technology.
��.� P�ersonr�el Se�uri�y
Au�horization for access �o an operator's facili�ies is the respons�bility of
that operator. Identifica�ion o�F personnel as�igned to work on �he
operator's ramp �s necessary to maintain control of the movemen� and
non-movement areas. Self badging of all personnel is strongly
encouraged. Training in the requiremen�s o�F Pa�t 139.329/303 for a!I
personnel working on any public ramp is also required. All subcon�ractor
personnel or other non-cleared personnel will be escorted by approved
opera�or or AAS personnel at a�l times. The operator must also inform
and train his personnel to remain on �heir ramp and �o s�ay c�ear of
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taxiways �eading to adjacent opera�or ramps unless speci�ically cleared
for this access by the AFW Airport Opera�ions Manager.
�e�.2 �erimeter Integrity
PerimeCer securi�y poses a significant challenge for �Che AFW. Layers of
security that include fences, cameras and patrols are necessary �o meet
�he challenge o� securing this large and complex airport.
The right of access to �he airport grounds �o conduct flight opera�ions is
granted to each opera�or by § 3-284 "Access Permit" of the City Code.
However, § 3-2�3 "�ff--Airport Parcel Uses; Access Area; Access
Taxiways; Proh�bited Uses." provides �hat "the [opera�or's] access area
shall be separa�ed from the remainder of the off-airport parcel by a wall,
fence or oth�r physical barrier. The ci�y or �khe authority responsible for
operation and safety ofithe airport [AAS] sha(I ha�e the right to enfier the
access area to inspect or perform other regulatory requirements. All
safety and operational ru�es and regulations applicable to the airport
shall be applicable to [opera�or's] access areas. No rules or regulations
of the city shall a�fect the access r�ghi, other than th�s ar�kicle and the
regulat�ons."
Accordingly, �he perimeterfence and entrygates surroundingthe airport
are inspected daily by AAS to ensure �hey remain intact. However,
fencing and/or gates securing the opera�kor facilities connec� fio the AAS
fence �o form the complete airport barrier. A breach of th�s par� of the
fencing thus constitutes a breach of the overall airport and requires
immediate no�ification of AAS and corrective action by the operator.
Failure to respond wi�h the necessary actions in a timely manner may
result in revocat�on of the operator's access permit as stipula�ed in § 3-
284 andJor shall constitu�e a misdemeanor and be punishable as
provided in § 1-6 of the Ci�y Code. It is thus required that the opera�or
�erify the iniegrity of his por�ion of the airport perimeter fence daily.
Physical inspection is the preferred means for doing this, hovue�er, a
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combination o� methods using CCTV cameras, movement sensors,
and/or FAA-approved drone fly-overs are also acceptable.
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Adopted by the Fort Worth City Council
September 15, 2020
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TABLE OF CONTENTS
AVIATION DIRECTOR AUTNORITY — DE�ARTMENT OF AVIATfON (DOA) ........................................... 4
ANNUA�. AQJUSTMENT OF RATES AND CHARG�S ............................................................................... 4
LANDING FEES FOR AL�IANCE AIRPORT ............................................................................................... 4
CommercialLanding F'ee ..........................................................................�--��--��--•--.................................. 4
Non-Comrr�ercial Trainin� or Maintenance �anding Fee .......................................................................... 4
Military Operations Landing Fees ............................................................................................�--••--�--.......4
OFFICESPACE .--� ....................................................................................................�--�--............................. 5
Meac�am Adminis#rafion Building ......................................��--�--...............--�--............................................ 5
Meacham Admir�istration �uilding — 3rd Fioor Conference Center ............................................................ 5
ENTRANCE SIGN -- Meacham and Spinks airport .................................................................................. 5
HANGARSPACE .....................................................................................�--�--��--�--....................................... �
T�Hangar Space - M�ACh1AM ............................................�--�---�--........................................................,... 6
T-Hangar Space - SPINKS .............................................�--��--�--................................................................ 6
BOXHangar Space - SP�NKS .................................................................................................................. 6
Community Hangar Space - Spinks ........................................................................�--��--�---�--�--................. 6
StorageRooms - SPINKS ....................................................................................................�---�--�--........... �
Aircraft Parking — Monthfy (city managed ramp space only) .................................................................... 7
AircraftParking — Daily....--��--� ......................................................................................�--��--��--�--�--............ 7
LANDLEASE...-�---� ..............................................................................•--�--........---........................................ 7
I�arod Per Square Foot —Annually .......................................................�--�--................................................ 7
AIRPORT ACCESS FEES (THR�UGH THE FENCE) ................................................................................ 7
Alliance Airpori — Access Ordinance 16939-05�2006 ............................................................................... 7
U.S. CEJSTOMS FEES ................................................................................�--�--........................................... 7
MEACHAM.I�ITERNATIONAL A�RPORT ....................�--�--� �--� �--�--..................; ......................................... 7
Meacham International and SpinksAirports ............................................................................................. 8
AIRPORTFU�L .....................�--.............................................................................---�--�--............................... 8
Fuelfarm USAGE fee ........--� .................................................................................................................... 8
FuelFlowage Fees .......................................��--�--�--��--�--............................................................................ 8
M15CELLANEOUSFE�S ..............•�--�--�--..........................................................................--�---�--............--�--- $
LateFees .............................................�--..........................................................................--��--�--�---�--........ 8
Fees related to Development an an Airport ([ncluding but noi fimited to Sur�ey, Easements) ................ 8
LeaseAssignment Fee ..................................................��--�--.........--�--...................................................... $
Month-to-Monih Leases .........................�---�--............................................................................................ 8
CONTRACTAM�NDME�VT FEE-�--� ....................................................................�--�--�--............................ 8
Developmen�/new fease(s) f�� .............................................................��-�--�---�--....................................... 8
KeyCo�y �ees ..........................................................��--�--�--��--��--�--........................................................... 9
LEASE VIOLA710N FEES ............................................................................................................�--�---..... 9
PAG� 2 OF 10
AQDITIONALPROVISiONS ..........................�--��--�--..................................................--�--............................ 10
DeveloprE-iani Application ..........--� .........................................................� �--�--........................................... 10
Lease �x�irafion �'ena]tY-� ....................................................�--��--�--........................................................ 10
Disclaimer ......................................................................................................................�--... ..... 10
..............
�AG�30�10
AVIATION DlR�C�O� AU f HORiYY —��RAR�iV��NT OF AVIATION (�OA)
The Director is aufhorized fo assess or wai�e fees fhat are not specificaffy addressed in the Rates and Charges
s�ch as the use of office equipment, carports, and miscelfaneous construction by bepartment resources, fees
associated with private development and otf�er aviation related fees and charges that may occur on an
infrequent basis.
L�essee may not undertake or allow any party to undertake any kind of alterations, erection, improvernent or
other consfruction work on or to the premises unless it first �equests and receives approval from the Director
ar hislher autharized representative.
These rates and charges pertain to all �'ort Worth Airports unless otherwise noted per section.
ANRlUAL ADJUS7hlI�Ni O� RAY�S AND CHARC�S
�xisting Lessee's which are subject to an annual Consumer Price lndex (CPI) adjustment shall be adjusted by
one point eight percent (1.8%) as of Octaber 1, 2R2D, per their current lease agreement. Month-ta-month
leases wii� r�ffect curr�nt rates and cF�arges as d�scribed b�low. The CPI adjusfinent �s based on the
Consumer Price fndex, Dallas-Fort Worth for all Llrban Consumers for All items for EVo�ember 2019.
L/�fVDINC9 F��S FOR /�L�IAIVG� AIR�ORT
RlO�'�1CCPIATORY C4i9�BflERCIAL LANDIR�C FE�
A Commercial Aircraft Operation (Non-
5ignatory) is one ihat does not have a Use
Agreement with the City of Fort Worth; and
conducts operations at Fort Warth Alliance
Airport uncEer FAR Parts �21, 125, 129, 135 wi#h
a Maximum Cerfiified Gross Lanciing Weight
(MCGLW) o�er 40,000 pounds. Na landing fee
is assessed at Meacham or Spinks Airporis.
]�anding Fee per 1,p00 pounds � $ 9.80
Minimum LancEing Fee $ 904.00
SIGiVAiORY CO[ViM�RCIAE. LARlDIRlC �E�
A Commercial Aircraft Operation having a Cargo Operatir�g Agreemenf far Fort Worih Aliiance Airport approved
by City Council qualify as a signatory operator.
Landing �e� per 1000 paunds $ 1.49
Minimum Landing Fee $ 70.OD
ii�ILITARY OP�RA�IONS LANDING ��ES
Military operations are exempt from landing fees if the aircraf# is acting on the behalf of the military under the
jurisdictional control of the armed forces of the United 5iates or #he National Guard. Foreign rnilitary aircraft
are subject to rates fisted above.
PAGE A� �F 10
�F�'IC� S�AC�
IViEACFIAiIfl ADIVAfNISiRATIOW BUILDING
Lower Le�el $ 14.501sq.ft.
F�rst Floor $ 96.501sq.ft.
Second Floor $ 17.50/sq.ft.
Third Floor $ 18.501sq.ft.
FBO Space $ 22.50/sq fi
Entrance 5ign $ 100.00lmonth
lU��ACliA� A�MIR�IS i�A�I0R1 [�UI��INC — 3R° ��00� COR1��R�NC� CENT�R
Re��t�! R�kc�s Houriy I�ay Rat�
Tenant (5-5/ M-F) $ 50.00 $ �400.04
Tenant (Afterhours 1 Weekends 1 Hofiday} $ 75.00 $ 675.00
City Department (8-5/ M-F) $ 25.00 $ 250.00
City Department (Afterhours / Weekends I Holiday} $ 300.00
Non-Tenant For-ProfitlCommercial (8-5/ M-F) $ 500.00
Non-`ienanf For-Profi�ICommercia� (Afierhours 1 Weekends I Holiday) $ 750.00
iVon-Tenant Non-Prafit {8-5/ M-F) $ 25.00 $ 250.00
Non-Tenant Non Profit {Afterhours 1 Weelcends) $ 25.00 $ 300.00
�0.d�€#i�ns�l Fe�s �.
Re�undable Deposit $ 200.00
5et-Up & 7ear-Down'� $ 75.Q0
Clean-up Fee $ 75.00
�`If multtple raom set-ups are required, aciditional set up fees may be assessed.
If the raom is ne�ded for longer fhan 4 hours, an aclditional hourly rate wili be determined based on #he evenf.
Cantact the A�iatian Administrative Offices at 8'17-392-5400 to obtain information on the rer�tal of the
Conference Center.
�PIT�tARlCE SlGR! — iifi�ACHAf�A AN� S�INKS Al�PORi
�ntrance Sign $ 1QO.00Imonfh
PAGE 5 OF 10
H�i�{�A�t ��AC�
i-HAPlGAR SPACE - flfl�ACHANi
T�Hangar End Unit Space Impraved $ 80.DO/monfih
T-Hangar �ncE Unit Space Unirr�provedlStorage $ 80.00Imanth
T-Hangar Space — 907 sf $ 425.00Imonth
i-Hangar Space — 983 sf & 997 sf $ 430.00/rnon#h
T-I�ANlfaAR Si�l�CE - SPIRlKS
8S8 square f��t $ 32S.00Itnonth
1,008 square feet $ 350.00Imonth
1,110 square feet $ 400.00/mon#h
1,386 sc�uare fee# $ 475.00lmonth
'1,650 squar� fe�t $ SOO.00lmonth
1,698 square feet $ 525.00Imonth
�OX FiAIdGAR SPAC� - SPINKS
3,000 square feet $ 950.DO/monih
3,6p0 square feet $ 1,250.00lmanth
6,600 square feet $ 2,1QO.00Imonth
COi411191�UNITY MA�lGAR S�ACE - S�INF�S
Single-engine piston $ 225.001month
Twin-engine pistan $ 320.00Imonth
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STORAG�, ROOMS - SPINFCS
Small Open $ 36.00Imonth
Large Open $ 72.00/month
Closed $ 52.00Imor�th
PAGE 6 OF 10
AIRCRAFT �ARKING — MON'iHLY (CIiY MANAGED RAfi►TP SPAC� ONl�Y)
12,500 Ibs. and under $ a5.001month
12,501 Ibs. to 60,000 Ibs. $ 640.00
60,00� Ibs. to 100,000 Ibs. $ 900.00
100,00'� Ibs. to 300,000 fbs. $ 1,$00.00
300,001 Ibs. and above $ 2,250.00
AIRCRAFT PARKIMC — DAILY
12,500 Ibs. ar�d under (Meacham & Spinks) $ 15.00
'f2,500 Ibs. and under (Alliance) $ 20.00
12,501 Ibs. to 60,000 Ibs. $ 40.d0
60,001 Ibs. to 100,000 Ibs. $ 60.00
100,009 Ibs. io 300,D00 fbs. $ 120.00
300,001 Ibs. and above $ 150.00
The daify rate will be applied for any parking on public aprons up to 24 hours. All weight caiculations are
based on Maxirr�um Certified Gross Landing Weight.
L�P�� L�,p1S�
�AN� PER SQUAftE FOOi — ANNUA��Y
Ground Lease Alliance $ 0.49/sq.fi.
Ground Lease Meacham $ 0.47/sq.ff.
Ground Lease Spini�s $ 0.31/sq.ft.
Ai���R� A���SS F��S (TWROUGH iH� �'�NC�)
ALLIAI�C� AiRPOR7"—A.CCESS OR�IPIANC� 1fi931-06-�ODG
Air carrier or large aircraft user $'I6�O.00lmonfh
General aviation or srnall aircraft user $ 650.00Imonth
11.^.�. GLISiOIR�S ���5
II��ACHA�19 II�T�RMATIOMAL AIRPORT
During Regular Business Nours $ 340.00Ioperation
After F�ours, Weekends and Holidays $ 500.00loperation
pisposal Bag �'ee — First Bag $ 200.00loperation
Additional ba s $ 50.OQ1 er o eration
PAGE 7 0F 'i0
MEACHANi IMTI�RIdATIONAL A3VD SAINKS AI��OR7S
�'ee is the fand per square foot rate for the airport multi�lied by the square footage of the hangar adjacent to
the airfield.
I_l l:� 1�7:� r��l�!
FUEL FARI� USAG� FEE
A monfhly fee is assessed to any tenant that self-fuels. This applics to FBO Leased facilities or non-FBO
leased faciiities.
Monthly Rate
A!I Airports $ 400.00
�UEL FLOWAG� ���S
The folfowing fuel flowage fees are established on all fuel deliverecE to the airports. Rafes are rounded ta t�e
nearest �en�y.
Fixed BasecE Operators {Gallons) $ 0.181gallon
Self-F�aeling (non-FBOlExclusive Use T�nant) (Gallons) $ 0.291gallon
o Operators which pay a landing fee af Fart Worth Aflianc� Airport are exempt from the Fuef flowage fee.
o Guidelines for fuel flowage are outlined in the Minimum Standa�ds adopted as of August "f 5, 2017.
i11YISC�L.L.�i���U� ���S
LATE F��S
Rent is due an the 15f of each rr�onth without demand. Monthly rentals and fees are subject to a la#e charge at
#he �-ate of 10% of the monfhly rental rafe for each month, or portion of the month, that any monthly installment
is past due. A separate computation and paym�nt of such late c�arge shafl be made on the outstanding
balance that is pasf due. Therefare, if two monthly installments are past due, the lat� char�es shall accrue on
the total outstanding balance.
FIC�S R�LAT�� TO D�V�LOPNiENT 0I� AN AIRPORT (Including hut not limited to Survey, �asements)
The City of Fort Worth Aviation Department will obtain surveys on any property approved and negotiated to
move forward with development. The survey fee to be collected up front is non-re�undable and is based on
5ur�eyar's cost estimate. Need to change to inclucEe any f�es related to development....surveys, inspections
or easements....but not limifed to.
LEAS� ASSICIVM�PIT F��
Meacham and 5pinks Airport: LJpon approval, if a tenant assigns their righf, title, and int�rest of their property
#o anofher individual, a$1,000.00 lease assignment fee will apply.
MONTH TO M�NiH LEr4SES
Month-to-month leases are subject to a 10% premium above the standard rate.
CO3�lTR/�CT AM�Wbi�VEPIT FEE
For fenant i�itiated contract arriendments, a$ 400.00 fee wiil apply.
D�VELOPisIi�NT/NL�V4� L.�ASE(Sj F�C�C
For new developmenf application or a new lease, a$ 100.00 fe� will apply.
PAGE 8 OF 10
KEY CO�Y FEES
Rep[acerr�ent of lost keys or extra keys provided for rental spaces are $ 10.00 each.
Keying f��, per door, is $ 50.00
GAT� ACCESS
Each Card - $ 20.00
Access Renewal - $ 20.00
Toll Tag - $20.00
Replacement Cards - $ 25.Q0
L�AS� VIOl.ATION FE�S
]n an effort ta reduce the frequ�ncy of common lease viofations, and maintain consistency, the DOA has
establishecE a lease violation poiicy. To confinue as a top tier airpo�t it is irnportant that Meacham International
Airport rnaintain compliance in all areas of airpart operations. Lease violations include, buf not limited to, the
following viofation types:
Examples of generai violations r�puirinq specified time for corrective action
� Overgrown weeds/vegetation
o DebrislTras�
. Recreafional v�hicles
o �'ail�re to obtain required DOA appro�aEs
� Lef#over canstruction materials andlar equipmeni
Exarnples of Lease Adherence Violations:
� Failure to submit proof of insurance andlor insurance renewals
• Repetitive past due notifications
o Failure to m�ef contractual deadlines
Examples of safety and sec�tritV violations requirinq immediate corrective actior�
a Unauthorized parking of any kind
� Unauthorized gate access
� Other safety vioiations
e Other security violations
Lease �io[ation fees will b� imposed as follows, for occurrences of the same �iolation type
General. 5afetV, and Security Violatir�n Fees:
15t occurrence � verbal warning
2"d accurrence - written warning
3rd occurrence - $ 100.00
4fh occurrence - $ �00.00
5t" occurrence - $ 500.00, including, and �p to L.ease termination.
Lease Aqreement Adherence Viofation Fees:
1 st �.etter - $ 35.00
2"� Letter - $ 70.00
3�d Lette�- - $ 1 D5.00
At the discretian of th� DOA, Safety and Security violations may be subject to an immediate maximum fe�
wi#hout Werbal ar written warr�i�g.
After the fifth occurrence of t�e same violation, Lessee shal! maintain no violations for twefve (12) calendar
months to avoid further action, incfuding Leas� termination.
PAG�90F'90
�,�n�r�or�,�� ��ovisio�s
DEV��,OPA�V�Ni APPLICATION
For any developer who wishes to enter into a ground fease with associated mandatory im�rovements, a F'ort
Worth Aviation Departrr►�nf Applicatian must be completed and submitted, alon� with ihe n�w de�elopment
fee. The information submitted must includ� afl additionaf rnateriafsldocumentation requested on the
applicaiion. Once staff is in receipt of the complete packet, stafF will b�gin the review process ta determine if
tne proposal is in the best inter�st of the Airport. The initial reWiew process will not commence until a!I requested
materials are submitted.
��AS� �X�I�tATfON PENALiY
Any lease agreement tl�at expires prior to the execution of a renewal lease where the tenan# had at least 30
days to execute a new lease prior to the expiration of the existing ]ease shall be subject to a�.ease �xpiration
Penaliy.
Such agreement shall automatically revert to a month�to-month occupancy status and the tenant may he
required to pay a premium equal to 10% of the Aviation DeparEment established fair market rental rate in
addEtion to fhe sfandard base rental rate, until such time as either a permanent I�ase is executed or fihe tenant
vacates t�e premises.
DISCLAIIU��Fi
Any additional Rates and Charges will be at Market Value
PAG� 10 OF 10
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Ex�ibit D
Exhibit D --Affidiate OperaiingAgree�ent
FORT WORTH ALLIANCE AIRPORT
FORM OF AFFILIATE OPERATING AGREEMENT
ARTICLE i- SCOPE OF AGREEMENT
This Agreement between the City of Fort Worth (ihe "City"} ar�d (the
"Aff iiate") grants to Yhe Affiliate certain rights to use facilities io conduct its air transportation
business as an Affiliate of [SiGNATORY AIRLINE] (the "Signatory Airline") ai Fort Worth
AlIiance Airport (the "Airpoi�t"). The Cargo Carrier Op�rating Agreement between the Ci�y and
ihe Signatory Airline, effective as of April i, 2021 (the "Cargo Agreement"), gives the Signatory
Airline the opportuniry to designate an Affiliaie if certain conditions are met. The intent of t�Zis
Agreement is to adopt by reference various specified provisions of the Cargo Agz•eement, and
make thern appIicable to the Afi"iliate. In considerration of these benefts, the Affiliate agrees to
a�ide by a11 o�the terms and conditions o�tk�is Agreement.
ARTICLE 2 - DEFINITIONS
AlI capitalized ierms used in this Agreement, if nat d�fned within ihis Agreement, shall
have t�e meanings specified in Article 1 of the Cargo Agreement.
ICLE 3- TERM OF AGREEMENT
3.01 Effective Date. This Agreement shali talce effect as of t�ae date specified in
Section 5.1.1 of tI�e Cargo Ageeement as the effective date of the Sig�atory Airline's designation
ot the Affiliate, which designat:ion and effective date shall be pro�ided to the City in the form
attached as �xhibit 1 and made a paxt hereof.
3.02 Terznination Date. This Agreement shall terminate as of the earliest of {a) the
e�piration or earizer termination dafie of the Cargo Agreement; (b) the terrriinatfon dat:e of this
Exhibit D —Affiliate OperatingAgYeement
Agreement as provided in Article 11 belaw; or (c) the effective date of the S ignatory Airline's
iermination of the Affiliate's status as an Afiiliate of the Signatory Airline in accordance with
Section 5.3 of the Carga Agreement which ternainatio�z and effective date shall be provided io the
City in the form attached as Exhibit 2 and made a par� hereof.
ARTICLE 4- USE OF THE AIRPORT
Far the operaiion o� the Affiliate's Air Transportation Business as an Affiliate of tlze
Signatory Airlix�e, tHe Affiliate shali have the same rights as the Signatory Airline under Ar�icles
2 and 3 of the Cargo Agreement and shall be subject to the same exclusions and canditions
applicable to the Signatory Airline thereunder.
ARTICLE 5- FEES AND CHARGES
The Landing Fees and other fees charges due to the City for the Aifiliate's use of the
Airport facilities as an Affliate of the Signatory Air�ine shall be calculated and paid in
accordance vvith Article 4 of the Cargo Agreement. Airline is subject to the same terms as t�ie
Signaiory Azrline regarding Section 4.5 of the Cargo Agreemeni. The Secu�rity Deposit
requirenaents of Section 4.6 shaIl not apply to the Affiliate.
ARTICLE 6— AFFILIATE RCPORTING AND PAYMENT OBLIGATIONS
The Affiliate shalI comply with and renr�ain subject to Article 5 of the Cargo Agreement,
and to remain, with the Signatory 1-1.irline, jointiy and severally Iiable to the City for pay�neni: of
all Airline Rents, Fees and Charges and for submission oi aif activity reports that are due to the
City for the Alf"iliate's use of any Airport facilrties as an Affi�ia#e of ihe Signatory Airiine.
Ifihe �1.f�liate executes and delivers to the City a cargo carrier agree�nnent in substantially
t�e same forxxa as the Cargo Agreement, and thus itself beco�nes a"Signatory Airline," the
Afflzate shall immediately terminate its status as an Aff�liate of the Signatory Airline in writing
�
Exhibit D —Affiliate Ope�atingAg�eemeht
to the Czty; pravided, however, �hafi unless otherwise agreed to in writing by the Signatory
Aieline and #he City, the Afifiliate shalI r�main r�sponsible to the Signatory Airline and the Ciiy
for all payment and other obligations that survive termination of this Agreeinent.
ARTICLE 7— INDEMNIFICATION AND INSURANCE
7.I Indemnification Obli atg �ions. The Affiliate shall be subject io and bound by the
same ob] igation to indemnify each Indemni�ed Pax�ty as pro�ided in Section 6.1 of the Cargo
Agreement.
7.2 Insurance Obli ations. The Affiliate shall be subject to and bound by the
insurance oblzgations sei forth in Section fi.2 oifihe Cargo Agreem�nt.
TICLE 8-- COMPLIANCE WITH LA
The Affiliate shall be subject to and bound by Article 7 of the Cargo Agreement.
ARTICLE 9— CJVIL RIGHTS AND AFFIRMATIVE ACTION
The Affiliate shall be subj�ct io and bound by Article 8 of the Cargo Agreement.
ARTICLE 10 — NO LEASE
This Agreement does not constziute a lease between the Affliate and the Ciry with
respect to any premises, facilities, services, equipment, or otherwise at the 1�irport.
ARTICLE 11— DE�AULT AND TERMINATION
21.01 Defa�alt. The occurrence of any event described in Section 9.1 of the Cargo
Agreerxieni invoiving the Signatory Airline or the Affiliate shall be considered an event of
default by the Aff�iiate.
21.02 R�medies. if the Affiliate sha11 be in default under tk�is Agreeinent, the City shall
have the right to terininate this Agreement under Sectian 9.2.1(a) of the Cargo Agreement.
ARTICLE I2 - CNVIRONMENTAL
Exhrhii D— Affiliate Operating Ag�eeFnent
12.1 EnvironmentaI Compliance. The Affiliaie shall be subject to and bound by
Sectians I I.1 through 11.6 and Sections 11.8 through 1 l.1 J of the Cargo Agreement.
12.2 Environmental Indemnitv. The Aff liate shail be subject lo and bound by the
same obligation to indemnify the City as pravided in Section 11.7 of the Cargo Agreement.
ARTICLE 13 —ASSIGNMENT
Airlizae shall not, directly or indirectly, assign, selI, hypothecaie or otherwise transfe� this
Agreeme�t.
ARTICLE 14 - MISCELLANEOUS PROVIS[ONS
The Affiliate shalI be subject to and bound by the provisions of Airticle 13 of the Cargo
Agreemenfi.
ARTICLE 15 - NOTICES
Except as specifically provided elsewhere in this Agreement, any notice given under Yhis
Agreement shall be in writing and sha�l be delivered personaliy or seni by cer�ified or regisiered
mail, postage prepaid:
To City:
To Affiliate:
or to such other respective addresses as the parties may designate to each other in vvriting from
time to time. Notice by certified or registered mail shalI be deemed given three (3) days aft�r the
date ihai such notice is deposited in a United States Post Office.
[The remainder of this page is intention:ally left blank.]
4
Exhibit D— Af�liate Operating Ag�eement
IN WITNESS WH�REOF, the parties iniending to be legally bound have executed this
Agreement this day of
CITY OF FORT WORTH
By: _
Name:
Tztle:
20 .
[AFFILIATE]
By: _
Name:
TitIe:
Exhibit f1 to Afliliai:e Operating Agreement
DES�GNAT�ON 4F AFFILrATE
[AIRLINEJ (the "Airline"), a Signatory AirIine under the Cargo Agreement {the "Cargo
Agreement") wiih the City of Fort Wo�rth {the "City"}, effective as of , hereby
designates [AFFCLIATE] (the "Ai�'iliate"} as its Affiliate at Fnrt Waf-th Alliance Airpat-t (the
"Airport"} in accordance with and subject to At-trcle 5 of the Cargo Agreemeni.
This designation is effective as of , 20_
2. {a) Airline hereby z�epresents to the City that the Aiiiliate [checic at least one]:
❑ a parent or subsidiary of Airline or under the same parental conirol as Airline, or
❑ otherwise operates �nder essentially the same trade name as Airline at the Airport
and uses essentialIy the same lrvery as Airline, or
❑ opetates cargo feeder flights at the Airport under the direction and contro� of
Airline.
3. The Affliate has execu�:ed and delivered to the City an Affrliate Operating Agreement as
required by Section 5.1.1 of Y1�e Cargo Agreeme�t.
4. The Airline hereby confirms and agrees ihat the Air�ine will pay to the City all AirIine
Rer�ts, Fees and Charges and other c�aarges due to the City for lhe Afiiliate's use of the Airport
facilities as an Affiliate of the Airline, and will submit to the Ciiy the activity xeports required by
Section 4.4 of the Cargo Agreement and dne to the City for the Affiliate's use of the Airport
facilities as an Affiliate ofY.he Airline.
5. The Atrline coi�firms and agr�es that it shall remain, vviih the Af�liate, jointly and
severally liable to the City for the pay�aent of ali Landin� �'ees and other fees charges and the
submission oiall activity reports due to the City for the Affiliate's us� of any Airport faczlities as
an Affiliate of the Airline.
[AIRLINE]
By: Airline's authorized representative
Name
Title:
Date:
6
Exh ihit D— A ffiliute Operati�tg Agreement
Exhibit B �a Affiliate Oberatx���reement
NOTICE OF TERMINATI�N OF AFFYLYATE STATUS
[�1.IRLiNE] (the "Airline"), a Signatory Airline under the Cargo Agreeznent (the "Cargo
Agreement") with the City of I'ort Worth {the "City"), effeciive as oi , hereby
noti£'ies the City that the Airline is terminating its designation of [AFFIL[ATE] (the "Aiiiliate")
as its Affiliaie at Fort Worth Alliance Airpori in accordance with and subject to Section 5.3 of
the Cargo Agreeinent.
This termination of the Aff liate's status as an Affiliate of the AirIine is e�'fective as o�
[DATE, NOT LESS THAN 30 DAYS FROM THE DATC QF THIS NOTICE].
[AIRLINE]
By:
Name
Tit1e:
Date:
Airline's authorized representative
7
���v COU�1��� ���I�f��
DAT�: 31912Q2� ����REP�C� *�`M&C 21- LOG
NO.. 0180 i�AfVIE.
OfFciai site o€ Che City of Fort War�h, Te7cas
�� ��
55AFW AMAZON AFFlLIAT�S CARGO
CARRIER OP�RATING AGR��MENT
C�D�; C TYP�: CONS�NT��B�`�� NO
H�ARING:
SU�J�CT: (CD 7) Authorize Execution of a New Cargo Carrier Operating Agreement with
Amazon.com Services lnc.'s Affiliate Airlines as ]dentifed i� Each Agreement as Atlas Air,
Inc. and Southern Air, lnc. (Each Wholly Owned Subsidiaries of Atlas Air Worldwide
Holdings, Inc.), and Air Transport International, Inc. (ATI), ABX AiT, Inc. and Sun Country,
fnc. (Each Whofly Owned Subsidiaries of Air Transport Ser�ice Group, Inc.) at Fort Worth
Alliance Airport
RECBfi�fi��N9ATlOi�:
lt is recornmended that the Cit