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Execution Copy
CARGO CARRIER OPERATING AGREEME�TT
FOR
FORT WORTH ALL�ANCE A�RPORT
by and between
City of Forth Worth
and
Silver Airvva�s LLC
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Executfon Copy
Table of Cantents
ARTICLE 1 I�EI'INITIONS AND EXHIBITS ............................................................................. 1
I. I Basic Data .............................................................................................................. 1
1.2 Additional Daf nitions . .......................................................................................... 2
ARTICLE 2 TISE O�' THE AIRPO�T A,ND RELATED FACILITIES ....................................... 4
2.1 Airline RigI�is and Privileges . ................................................................................ �
2.2 Exclusions and Resezvations .................................................................................. S
ARTICLE 3 OPERATION AND MAINTENANCE OF THE AIRPORT ................................... 6
3.1 City Obligations ..................................................................................................... 6
ARTICLE 4 k'EES AND CHARGES ............................................................................................ 6
4.1 Signatory AirIine Landing Fees ............................................................................. 6
4.2 Special Charges ...................................................................................................... 8
4.3 Use Contingent Upon Paymeni :.............................................................................. 8
4.4 Paymenti ..................................................................................................................8
4.5 �chedules and Audit .............................................................................................. 9
4.6 Security Deposi� ..................................................................................................... 9
ARTICLE5 AFFILIATES .......................................................................................................... IO
5. i AirIine's Designation of A�filiates ....................................................................... IO
5.2 Applicability of Agreemen� ta AfFIiat�s . ............................................................ I 1
5.� Terrr�ination of Status of Affiliafe ........................................................................ 11
ARTICLE 6 INDEMNIFICATION AND INSURANCE ........................................................... 11
6.1 Indemni� cation . ................................................................................................... 11
6.2 Insurance . ....................................................................... ...................................... 12
6.3 Fornr�s of Insurance Coverage . ............................................................................. 14
ARTICLE 7 COMPLIANCE WITH UAWS ............................................................................... 14
7.1 General Laws . ...................................................................................................... l4
7.2 Airpart Rules and Regulations ............................................................................. 1 S
7.3 Licenses, Certif cates and Authorizations ............................................................ 1 S
7.4 Wage Hour Laws . ................................................................................................ l 5
ARTICLE 8 CIViL R]GHTS AND AF�'IRMATIVE ACTION ................................................. 15
8.1 General Civil Rights Provisions ...........................................................................1 S
$.2 Compliance with Nondiscriinination Raquirements ............................................ ] S
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8.3 Title VI Clauses far Transfer of Real Property Acquired or Izz�proved
Under the Airport Improvement Program ............................................................17
8.4 Clauses for Construction/UselAccess to 12ea1 Property AcqUired Under the
Activity, Facility or Program . ..............................................................................17
8,5 Title V� Lis� af Periinenf Nandzscrianination Acts and Authorities ..................... ] 7
8.6 Subordination to Agreemenis r�ith the United States . ......................................... 19
8.7 Na Exclusive Rights . ...........................................................................................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 . ..........:........................... i 9
5.11 War or National Emergency . ............................................................................... 19
8.12 No Inter%tence with Airpart Operations ............................................................. 20
8.13 SEC Rule 15c2-I2 ................................................................................................ 20
8.14 Americans with Disabilities Act ("ADA"j . ......................................................... 20
A.RTICLE 9 AIRI,INE DEFAULT AND TERMINATION BY CITY ...................................... 20
91 Airline Deiault . .................................................................................................... 20
9.2 City's Remedies ................................................................................................... 22
9.3 Termination ..........................................................................................................22
9.4 The City's Right to Perform . ............................................................................... 23
9.5 Airline's Rights Related to Termination .............................................................. 23
9.6 Bankruptcy ............................................................. ..........................23
ARTICLE 10 AIRPORT DEFAULT AND TERMINATION BY AIRLINE ............................ 23
10.1 E�vents of Default . ................................................................................................ 23
10.2 Airline's Remedy .................................................................................................24
ARTICLE 11 ENVIRONMENTAL ............................................................................................24
I 1.1 Airline Representations, Warranties, And Caver�ants . ........................................ 25
I 1.2 Information to be Prowided to the City . ............................................................... 28
I 1.3 Respo�se and Compliance Actions ...................................................................... 28
1 l.4 Corraction ofEnvieonmental Non-compliance ....................................................30
11.5 Corrective Actian Process .................................................................................... 31
I l.b �n�ironmental Indernnification and Reimbursement . ......................................... 31
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11.7 Limitations.
11.8 Waiver.......
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11.9 �urvival of Environrne�.tal Provisions . ................................................................ 33
11.10 Resnvrce Conservation and Recycling . ............................................................... 33
ARTICLE 12 ASSIGNMEl�iT ..................................................................................................... 33
ARTICLE 13 MISCELLANEOUS PROVISIONS ....................................................................33
13.1 Nature of Agreement ............................................................................................ 33
13.2 Governing Law and V enue . ................................................................................. 33
13.3 Entire Understanding . .......................................................................................... 34
13.4 Amend�nents ........................................................................................................3�
13.5 CurnuIative Rights . .............................................................................................. 34
13.6 Canstruction to Save Agreement . ........................................................................ 34
13.7 No Wai�er ............................................................................................................34
13.8 Relatianship o�Parties .........................................................................................35
13.9 No Third-Par�y Seneficiaries .................................................................._............ 35
13.I0 Successozs azad Assigns ........................................................................................ 3S
13.11 Labor Dispuies ..................................................................................................... 35
13.I2 �orce Majeure ...................................................................................................... 3S
13.13 No Personal Liability . .......................................................................................... 35
13.14 Acceptance o� Payments.
I3.1S Atiorneys' F�es ...............
I3.16 Taxes ...................................................
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13.17 Memarandvm of L�ase . ....................................................................................... 37
I3.18 Approval ar Cansent ............................................................................................ 37
I3.19 Time of the Essence . ............................................................................................ 3"1
I3.20 Notices .................................................................................................................37
I3.21 Counterparts .........................................................................................................3"1
13.22 Capacity to Execute . ............................................................................................ 37
I3.23 Incarporation oiExhibits.
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I3.24 Titles.
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TABLE OF CONTENTS
(continued)
I3.ZS Oiher Agreements.
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38
� 3.26 Agreernant Not to Grant More Favorable Terms ................................................. 3 8
13.27 Agent for Service . ................................................................................................ 38
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Execution Copy
LIST OF EXHIBIT�
Exhibit Title
A Map oi the Airport
B Rules and Regulaiions
C Form af Mnnthly Landing Report
D Affiliate Operating Agreeinent
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Execution Copy
THIS CARGO CARRIER OPERATING AGREEIVIENT {this "Agreeinent") is made by
and beEwee� the CITY OF FORT WORTH, TEXAS, a hoi�ae-rule city and palitical subdivisian
of the 5tate of Texas (th� "City") and SILVER AIRWAYS LLC a limited liability connpany
organized and exisfiing under the laws of the State of Delaware and authorized to do business in
th� 5tate of Te�as ("Airline"}.
WITNESSETH:
WHEREAS, the City, is the owner of the Fart Worth Alliance Airport, located in Tarrant
and Denton County, Texas (the "Airpart");
WHEREAS, the City has the right to license the use of property and facilities on the Airpart
and has the fulI power and authority to enter into this Agreernent in respect thereo�;
WHEREAS, the City has entered into an operating agreamant, dated as of .Tanuary 1, 1994
and subseq�ently amended with Ajliance Air Services, a HiIlwt�od Canapany (the "Airport
Operatar"), for the management, apera#ion and maintenance of the Airport;
WHEREAS, Airiine is angaged in the business of transportation by air of property, mail or
cargo; and
WHEREAS, Airline desires to obta.in certain rights, services and privileges in connection
with the use of the Airport and its facilities, and 1:ke City is willing io grant the same to AirIine
upon the terms and conditions in this Agreement.
NOVix THER.EFORE, for and i� consideration of the mutual covenants and agreemen�s
herein confained, ihe City and Airline do hereby mutually undertake, promise and agree, each for
itself and its successors and assigns, as fallows;
Article 1 DEFINITIONS AND EXIIIBIT�
l.I Basic Data
Eac� reference in this Ag�ement to ariy of the following subjects incorporates the
information specified beIow:
City:
City's Overnight Delivery and 5treet Address:
City of Fort �Vorth, Texas or its designee.
201 �1.�nerican. Concourse, Suite 33p, �'art
Worth, Texas 76106; wifh a copy to City
Attorney's Office, 200 Texas Street, Fort
Woi�h, TX 76102.
City's Post Office and Paytnent Address:
2Q1 American Concourse, Suite 330, Fort
Worth, Texas 7610b.
Airport Operator: Alliance Air Services
Execution Copy
Airport Operator's Overnight Delivery/Street Address: 2221 Alliance Blvd., �uite 100; Fort
Wort�, Texas '1(177.
Air�nri Operator's Posi Office and Payment Address: 2221 Alliance Blv�l., Suite 10�; Fort Worth,
Tez�as 76177.
Airline: 5ilver Airways LLC
Airline's Overnight Delive�•y and Street Addzess: 2850 Gzeene St, Hollywaod, FL 3302Q
Agreetnent
Ei�ective Date:
This Cargo Carrier Operating Agre�rr�eni as the same inay be amended or
suppleme�nted from tiime to time pu�suant to tk�e terxns hereaf.
12:OD AM Central Daylight-Saving Tirr�e, Septerr�ber I, 20ZI.
Term: The period af time beginning on the Effecfive Date and ending on the
Expiration Date, unless earlier fierminated as provided in this Agreemeni.
Notwithstanding anything set forth herein to the contrary, both Airline and
Ci.ty shall be entitled to terminate this Agreement without cause at any time
during the Term upon twelve {12) months written notice to tlae oih.er party
hereto, such terminafiion to be effecti�e at the end o.f the twelve (12) month
notice period. Notwitl�standing the above, Airline may cease operations at
the Airport without providing such notice.
Expiration Date:
Per�itted Uses;
11:59 PM Centrai I7aylight-Saving Time, March 31, 2041.
As pravided in Article 2.
Security Depasit: As provided in Section 4.6.
1.2 Additional Definitions.
The following words, terins and phrases wh�rever used in this Agreement have the
following meanings:
Af�'iliate m�ans a Cargo Carrier �hat is (i} a parent or subsidiary Qf Airline or under the
same parental control as Airline, (ii) otherwise opera#es under essentially the sarne trade name as
Airline at the Airpnrt and uses essentially tihe sa�ne livery as Airline; or {iii} operates cargo feeder
flights at the Airport under the ciirection and con.trol of Airline. Aixline shall provide the Airpart
Operatar with advance vsrritten natice prior to designating a new Affiliate. Airline shall provide
the City with advazace wz�tten notice prior to the car�cellation of any designation of an Affiliate
before th� cancellation of such designat'ron.
Air Tran.sportation Business means tl�at business qperated by Airline at fihe Airport fot� the
cammercial transportation by air of property, ma.il ar cargo.
Airfield tx�eans the runways, taxiways and public parking a�rans at the Airpart.
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Ai��line En�ity means Airline's ei�playees, cantraetois, subcontractors, agents, licens�es,
sublessees, AfFiliates, vendors, invitees and oth�r parties ui�der Airline's direction or control ti�at
coz�e anto the Ait�part in cannectian �vith Airline's use ar occupancy of tlle Airport.
Airpori mcans the realty and improvements generally known and designated as the Fort
Worth Alliance Ait•part, including all real praper�y and easements, improvements and
appvrtenances therato, struciures, buildin.gs, fi�tures, machinery, equipment, vehicles, supplies
and othec tangihle personal property, or interest in any of the foregaing, now or �►ereafter leased or
acquired by the City,less any thereof which ma� be consuined, sold or otherwise disposed af. A.
depictian of the physical layout of the Airpart as of the Effectit�e Date is sei forth in Exhibit A.
Airport Rules and Re�ulations means, collectively, alI applicable rules, procedures,
requiretnents, standards and regulations currently efFeotive and hereaiter atnended, adopted ar
established b� ih� City thai are applicable to the Airport, including w'rthout limitation any
minitx�um use standards and Qperating standards as well as any requirements listed in arry access
permit issued to Amazon.com Services, lnc., alI of which are incorparated into and mada a part of
flais Agree�x�ent, as we�l as the rules and procedures in E�hibit B; provided that such Airport Ru1es
and Regulations do nnt canflict with applicable pro�isions of siate or federal law or the provisions
of this Agreement an.d are enforced in a nondiscriminatary manner. The City shall provide at least
thirty (30) days' advance nvritien notice of arry new or amended Airport Rules and Regulations
a£fecting Airline.
Apt�iicable Laws m�ans, colIectively, a1l applicable present and fuiure laws, rules,
regulation.s, ordinances, orders, directives, natices, fec�eral giant assurances, limitations,
restrictions, or prahibitions af any� federal, state or local go�ernrnantal authority lawfully
exercising authority over the Airpart or the activities and business operations of Airlin�, as they
may be a�nended frnm time to time, �uhether foreseen ar unfareseen, ordinary as well as
extz'aordinaa•y, ineluding without implied limitat�on those relating to (�) health, sanitatian and
safety; (ii) the enviranment, ineluding without limitation a11 Environmental Laws; (iii} access for
persons with disabilities, including without limitation the Americans with Disabilities Act of 1990,
42 U.S.C. §§ 121 �1 ei seq.; and (iv) airport seeurity, including without limitation the regulations
of t�e TSA, 44 C�'R Parts 154Q, 1542, 1544 et seq.
Car�a Carrier means a ca�-rier certificated by the Secretary of the U.S. Department of
Transportation as a Cargo Carrier under 49 LT.�.C. § 4I 103.
Claims means any and aIl liability, darriages, loss�s, expenses, clairns, judgments,
detnands, penalties oar fines, including without limitationreasonable attarneys' %es and court casts.
Consumer Price Index or CPI means t�ie Gonsutner Price rndex for All Urban Consumers
(CPI-U), U.S. City Av�erage, All iteins (adjusted 1982-84 = 100} published by the Bureau of Labor
Statistics of th� United Sta�es Departtnent of Labor, or a comparable index should the Department
of Laba�• cease ta publish that index.
DHS means the I]epar�ment of Homeland S�curity, and it� authorized succassor(s}.
k'AA rneans the �'ederal Aviation Administration, and its authnrized suceessor{s).
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Fiscal Year means the annual accounting period
which, at the time of entering into this Agreemeni, is the
beginning with the first day of October a� any year.
4.1.
used for general accounting purposes
period of iwelve consecutive months
Landin .� rneans fees paid by Airline in accordance with Section 4.1.
Landing Fee Rate means the rate used to caIculate Landing Fee in accardance with Saction
Maximum Gross Landed 'UVeight means the maxii�um gross landing weight in ane
thousand-pound uniis, at which each aircraft operated at the Airport by Airtine is certifcated by
the PAA.
Non-Si�nator A� irline means any Cargo Carrier that is not a Signatary Airline.
Si n�ry AirIine nneans a Cargo Carrier that has executed an operating agreernent �vith the
City substantially simiIar to this Agreerneni and provides re�ularly scheduled ser�vice at the
Airport.
TSA means ihe Transportation Security Adminisiration, and its authorized successor(s).
Additional words and phrases used in this Agareerxient b�t not de�ned �aerein have their
usual and customary meaning.
Article � USE OF THE AIRPORT AND RELATED FACiLZT�ES
2.1 Airline Rights and Privileges.
In addition to aIl rights granted elsewhere in this Agreement.,. Auline shalI nave the right to
use, in common with others so authorized by the Airport Operator, ar•eas, faciliiies, enuipment and
impro�err�enis at the Airport for the operation of Airline's Air Transportation Business and aIl
activities reasonably necessary to such operations, incIuding but not limited io:
2.1.1 The Ianding, taking off, flying over, taxi�ng, and towing. of Airline's
�ircraft in areas designated by Airpart Operat�r;. pravided, however, AirIine shall not permit the
use of the Airfield by any aircraft operated or controlled by Airline wvhich exceeds the de�ign
strength or capability o� the Airfield as described in the then-current FAA-approved Airport
Layoui Plan (ALP) ar other engineering e�valuations performed subs.equent to the then-current
ALP, including the then-current Airport Certification Manual, provided that such e�aluations are
provided to Airline upon Airline's request.
2.1.2 The training af personnel in the empIoy of or io be emplayed by Airline
and the testing of aircraft and other equipment being utilized at the Airport in the operatian of
AirIine's Air Transpartation Business; provided, hower�er, said training and testing sha11 be
ineidental to the use of the Airpo�t in the operation by Airline of its Air Tran.sportation Business
and shall not unreasonabIy hamper or interfere r�ith the use of the Airporr and its facilities by
others entitled to the use of sanne. The Aizport Operator reserves the right to �restxict or prohibit
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such �aining and testing operations if it reasonably deetns that such training and testing operations
unreasonably interfeles with the use of th� Air�ort.
2.J..3 The servicing by Airline or its suppliers, of aircrai� and other equiprnent
being utilized at the Airpart by Airlina authorized by th� Airport Operaior in writing and at
�ocations designated by the Airport Operator.
2.1.� Access to the Airport from an off-airport proper�y, subject to an access
permit issued by the City to A.mazon.co�m Services, Inc., if applicable.
2.2 Exclu�rons and Reserva�ions.
2.2.1 Nothing in this Article 2 shall be constx�ued as authorizing Airiir�e to
conduct any business separate and apart from the conduct af its Air Transportation Business.
2.2.2 The City shall at all timas have e�clusiva control and managerrient of the
Airport.
2.2.3 Airline sha11 not lcnowingly interfere or lcnowingly permit inierference
with the use, aperatior� or �nn aintenance af the Airpor�, including but not limited to, the effectiveness
or accessibility of the drainage, sewerage, water, communications, fire protection, utility,
electrical, or vther systems installed or located from tin�e to time at the Airpoxt.
2.2.4 As sonn as reasonably possible after rel�ase from proper authorities,
Airline shall (i} rem�ve or cause to be removed any of its disabled aircraft from the Airfield, and
(ii} place any such disabl�d aircraft in Airline's off-Airport leasehold or in such storage areas a,s
may be designated �y the Airpart Operator. In the event Airline fails to remove any of its disabled
aircraft as eXpeditinusly as reasonably possible, Airport Operator may, but shall not be obligated
to, cause the removal of such disabled aircrafi, provided, however, the Airport Operator shalI give
Airline prior uvritten notice of its intent to do so and provided further that Airport Operator shal]
use reasonable ef�orts to remo�e such aircraft. Airfine shall pay to the �lirpor� Operator, upon
receipt of invoice, the reasanable and documented out of pocket costs actually incurred by the
Airport Operator for such remo�al �lus twelve percent (12%).
2.2.5 Airline shall not do or permii to be done anything, either by act or failure
to aci, that causes the cancellation or Violation of the pravisions, or any part thereaf, of any policy
of insurance �or the Airpor�, or that causes a hazardous conditian so as to increase the risks
normally attendant upon operatians permiited by this Agreement, provided that tne Airport
Operator has pr�vinusly provided the Airline r�ith the insurance poiicies. If sucn Airline act, or
failure to act, causes cancellation of any policy, then Airlina shaIl immediately, upon noti�cation
by Airpart Operator, do vvhatever is necessary to cause reinstatement of said insurance,
�'uz�herrnare, if Airline shall do or permit to be don� any act nnt permitted under this Agreement,
or iail to do any act required under this Agreement, regardIess of wk�ether such act constitutes a
breach o.f this Agreernent, which causes an increase in City's insuranca premiums, Airline shall
iinmediately rernedy such aciions or pay ihe increase in prert�iurz�s, upon natice from the Airport
Operator to do so.
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2.2.6 The rights and privileges granted A�rline pursuant to this Article 2 shall
be subj ect to any and aIl Airport Rules and Regulations and. the other pro�isions of this Agreeznent.
2.2.7' Any and alI rights and privileges not sp�crfically granted to Airline far
its use of and operations at the Airport pur�uant to f.his Agreement are hereby reserved for and to
the City.
Ar�icle 3 OPERATION AND MAINTENANCE OF THE A1RP�RT
3.1 City Obligafions.
3.1.1 Thc: City sha�l, wifh reasnnable diligence and using adequate qualz�ed
personnel, prudentIy develop, ir�n.prove, and a# all times maintain and aperate ihe Airpart, and kee�
#he Airport in good repair.
3.1.2 `The City shall use reasonable efforts keep the Aitport and its aerial
approaches fr•ee fiom ground obstruction for the safe and proper use thereof by Airline to the e�tent
that the City �as ownership of t�e land containing the ground obstructian.
3.1,3 The City shalI maintain and operate the Airport in accordance with FAA
certifiCation requirements, ir�clud�ng 14 CFR Part 139, and tnaintain adequate rescue and
firefighting equipment and personnel ta meet such FAA cei�ti�cation requirements which meet or
e�ceed the acti�vity level of Airline's aircraft using the Ait�port.
3. I.4 The Airport shalI be fuIly operationa124 haurs per day, 365 days per year
(366 days per year during leap years}, unless Airline agrees zn writing ta a reduced ogerating
schedule.
3.1.5 5ubject to 3.1.6, the City shall not restrict Airline's night operations,
subject ta Applicable Laws.
3.1.6 At the reasonable request of the City or Airport Operator, Airli.ne shall
work with City and, to the extent necessary, the FAA to adciress locai noise concerns.
3.1.7 The City shall not be liable to Airline for temporaxy failure tQ furnish all
or any of such services to be provided in accordance with ihis Agreement �rhen due ta mechanical
breakdown or any other cause beyond the reasonable controI of the City.
Article 4 FEES AND CHARGES
�k.1 Signatory Airline Landiiti� Fees.
4.1.1 Signatory Airline Landing Fee Rate for Aircraft Over 40,OOQ
Pounds. For aircrai weighing o�er 40,004 pounds, Airline shall pay Signatory Airline Landing
Fees for its use of the Airfield based on the MaxiinUm Gross Landed Weight af Airline's aircraft
landing at the Airport multiplied by the Signatory Airline Landing Fee Rate.
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(a}The Signatory Airline Landing Fee Rate foi• April 1, 2021 ihraugh
5eptember 30, 2022, is $�.65.
(b) Fa�• each subsequent Fiscal Year, the Signatory Airline
Landing Fee Rate far that Fiseal Yea.r shall be adjusted by rnull;iplying the Signatary Airline Land-
ing Fee Rate for th� prio:r FiscaI Year by the percentage change ir� the CPI between Yhe previous
I2-month period fzoin July 1 throug� June 30. For exainple, the Signatary Airline Landing Fee
Rate for the secor�d Fiscal Year (October l, 2022 through Sept�mb�r 30, 2023) is calculated by
multiplying the prior Fiscal Year Landing Fee Rate of $1.65 by the perceniage change in the CPI
irom July 1, 202I through .Tune 30, 2022.
4.1.2 Minimum Signatary Airline Landing Fee for Aircraft Weighing
40,000 Pounds or Less. Fox aircraft weight 40,000 pounds or less, Airlir�e shalI pay the Minimum
Signatory Airline Landing Fee for each landing at the Airpart.
(a}The Minimum Signato.ry Airline Landing Fee from April I, 2021
through September 30, 2022 is $70.OQ.
(b} For each subsequent Fisca� Year, the Minimum Signatory
Airline Landing Fee for that Fiscal Year shall be adjusted by rnuj�iplying the Minimum Signatory
Airline Landing Fee for the prior Fiscal Year by the percentage change in the CPI for the previaus
12-rnonth period from Ju1y 1 through .�une 30. For exainple, the 1Vlinimurn Signatory Airline
Landing Fee %r fihe second Fiscal Year (October 1, 2022 tllrough September 30, 2Q23) is calcu-
Iated by rnultiplyir�g the priar Fiscal �'ear Minimum Signatory Airline Landing Fae of $70.aa by
the percenta�e change in the CPI from 7uly 1, 2021 through Ju.ne 30, 2D22.
4.1.3 Non-�ignatory Airline Landiiug Fees and Alteruafive Signatory Air-
line Landing Fees.
(a) Any Airline canducting cargo operations at the Airport without en-
tering into a separate Cargo Carrier Agreement such as this Agreement with ihe City shall pay
"Non-Signatory Airline Landing Fees," including a Non-Signatary Airline Landing Fee Rate and
Non-Signatory Airline Minimum Landing Fee. Non-�ignatory AirIine Landing Fees shall be set
and published each Fiscal Year by the City.
(b) Zn any given �iscal Year, if either the Non-Signatozy Airline
Landing Fee Rate of Non-Signatory Airline Minimum Landing Fea multiplied by 0.85 (the "Al-
ternative Signatory AirIine Landing Fee"} is less than the corresponding �ignatory Lar�ding I`ee
calculated under Se�tions 4.1.1 or 4.1.2, the City shall cl�arg� Airline the A�ternative Signatory
Airline Landing Fee in lieu of the Landing Fee for that Fiscal Year.
4.1.4 Annual Natice of Revised Landing Fees. No Iater than Septembe:r 1 of
each year, the Airport 4perator shall provide �r,rritten notice ta e�.ch Signatory Airline of the next
Fiscal Year Signatory Airline Landing. Fee Rate and Signatory Airline Minimurn Landing Fee, to
be effective Octaber 1 of that year.
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4.2 Special Charges.
The City may also chaxge Airline far and Airline agrees to pay withi.n thirty (30) days after
receipt af an invoice from the City or Airport Operator:
4.2.I Parking on the pubIic ratnp. The parking fee on the Effective Date will
be incIuded in the City's Schedule of E�ates and Charges which may b� r�vised annually by the
City.
4.2.2 Special Iicenses ar�d special permits for aciivities and uses of the Airport
thai are not covered by this A�reement fhat are requested by �-1.irline;
4.2.3 5pecial services rec�uest�d by Airlin�;
4.2.4 Costs for removing disabled aircraft as specif ed in Section 2.2.4;
4.2.5 Reasonable, documenfied, out of pacicet costs and expenses actually
incuri•ed by ar on 6ehalf af the City ar Airport Operator plus twelve perc�nt (12%} (after the giving
af notice and the expiratian af any applicable cure periods as provided in Section 9.1 ai this
Agreement) to remo�ve Iitter, debris, rafuse, petroleum products (including oiI and grease} that
result fi•om the activities of Airline or its Affiliates, employees, agents or suppliers at the Airport;
and
4.2.F Any ather reasonable, docu�nented, out of pocket costs and expenses,
plus fwelve percent {12%), incurred by or on behalf of the City or Airport Operator as a result of
any failure by Airline or its A£filiates to perfarm their duties and obligations under this Agreement
or the Affiliate Operati�g Agreement {after the givin� af notice and the expiration of any applica-
�le cure periods as p.ravided in Section 9,1 of this Agreement).
4.3 iTse Contingent Upon Payment.
The gz'ant af the right, lieenses, facilities, services and privileges to Airline under this
Agreement shall, in each case, be subject to the payment of ihe Landing Fees.
4.4 Payment.
4.4.1 On or befora ihe lOth day of each inonth, Air�ine shaIl submit to the
Airport Operator a"Montk�ly Landing Report" in the fornn of Exhibi� C reporting its landing
activity for the prior month. The Airpat� Operator shall have the right to rely on the Monthly
Landing Report in determining Landing �'ees due from Airline �ndex this Agreement; pravided,
how�var, Atrline shall have full responsibility for the accuracy of the repart.
4.4,2 Airline shall pay, without invoice fro�n the Airport Operator, on or before
the 10t�` day of each monih the Landing Fees for the prior rnonih in an amount eyual io the Landing
Fee Rate rr�uIfiplied by tk►e Azrline's Maximum Grass Landing Weight %r aIl ai�craft landing ai
the Airport during the prior rnonth, as reported. in tk�e Monthly Landing Repart.
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4.4.3 All pay�nents due and payable hereunder shall be paid in lawful money
of the United States of America, without set nff, by electranic transfar as follows:
Accaun� Name;
Accour�t NUmber:
ABA Routing (WIRE}:
ABA Routing {ACH):
Alliance Aviation Management, Ltd.
488020289876
026Q09593
I11000025
Bank Name: Banlc of America
Branch Addrass: Dallas, TX 75202
Remii�ance Email: Sherri.5impsan@Hillwood.com; and
Monica.Wirdzek c�,Hillr�vood.com
�.�.� Ai�er natiee af delinquency to Airline and failure of Airline to cure �he
delinqu�ncy thraugh payment �rithin 30 days frorn the date of the notice of delinquency, City may
irnpose a delinyuency charge on all overdue payjnents at a rate that is the greater oi either a 10%
inter�st rate or the current WaII Street lournal Prime Rate pIus one percent (1%).
4.5 �cheduMes and Audit
Upon execution of this Agreement, AirIine shalI provide the Airport Operator �+ith its
schedule af aircra�t operations for Airline and its Affiliates ("Schedule"}. Airline shall provide the
Airport Operator with an updated Schedule any time there is a ehange to t�e scheduled operations
of Airline or its AF�liates tk►at would afFect the assesszxaent o�Landing �'ees. Airline shall maintain
separate and accurate dail� records of AirIine's operaiions at the Airport far a period of tihree (3}
years after the ciose of each Agreeznent Year tk�raughout the Term. This record-Iceeping obligation
shall survive th� expiration or earlier termination of this Agreement. AII such books and records
shall be �Cept in accordance with generally accepted accauntin.g principles, consistently applied,
showing in detail all business done or transacted in, on, about, from or pertaining to the Airport,
and shall be sufficient to per�nit the City to calculate and verify the Landing Fees and other %es
and charges due under this Agreement. Upon the City's or Airport Operator's written request,
Airline shall make availabte at the Airport to t.k►e City ar Aupart Operator or their auditors any and
a11 baoks, records and accaunts pertaining to the calculation of' the Landing Fees and other fees
and charges due under this Agreeinent. In the event City, Airport Operator or their auditor(s}
dernonstrates ar� underpayment of eumulative �fees and charges of two percent (2%} or more for
the previous tk�ree (3) years, Airline shall pay to City or Airport Operator the cost oi any review ar
�udit.
4.6 Security Deposit.
4.6.I Pasting o, f Security De�osit. On or before the Effective Date, Airline
shall provide to the City a Security Deposxt in an amaunt equal to the estimate of three {3} months'
Landing Fees and in the form required und�;r Seetivn 4.6.3. As ofthe Effective Date, the Security
Deposit is TWENTY-ONE THOUSAND NINE HL7NDRED FIFTY-ONE DOLLARS AND
T�rVELVE CENTS ($21.,951.12}. The Security Deposit shall be held by the City and used to
remedy Airline's defaults in the payment of Landing Fees and oiher fees and cY�arges due under
ihis Agreement or which otherwise arise as a result of Airline's operations at the Airport.
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4.6.2 Z�creases to the Secu�-ity Deposit. The City m�y increase the amQunt of
the Security Deposit required Under Section 4.6.1 during the Tcri�n if and when Airline chan�es its
operating schedule in a mannex that increases the estiznate of three {3) manths' Landing Fees that
forrned the basis far the Security Deposit th�n in eff�ct by rnore than ten percent (l 0%). Any such
ir�crease in the Secvrity Depasit shall be limited to the then current esti�nate of three (3) months'
Landing Fees. In �ie event of an increase, AirIine shall comply with the ncw Security Depasi�
�•ec�uirenr�ent wifhin thirty (3�) days af receipt af �ritten natice �y the City.
4.6.3 Standby Letter^ of Credit Rec�uixeme�ris. Tha Security Deposit shall be in
the �orzn of an irre�ocable standby letter of crec�it drawn on a banlc having eitl�er a branch in Tarrani
County or a bank that aiInws the L�tter af Credit to be pr�sented by facsimile. The bank is required
to have a Io�ng-texrr�, letter af credit rating and ba�c deposit rating from tt�va (2� of the three (3)
ratir�g agencies af at least A2/AIA by Mondy`s Investor Services, Standard & Foor's and Fitch
Rafings, respectively. The letter af credit shall be in a farm appraved by the City.
4.6.4 Duty to Maintain Security Depasit - Default. Airline shalI maintain the
required Security Deposit continuously throughout the Term. �'ailuare to da so shall be deemed a
default and shall be grQunds, at City's discreiion, upon ten (10) days' writtcn notice unless the
default is cured, fror ina�aediate terzninatian of this Agreement.
4,5.5 Duty to Rebate. The 5ecurity Deposit or the remaining portion therenf
foIlawin.g any draws on the letter of credit by City sk�all be rebafed, released, assigned, surrendered,
or endarsed fio AirIine, as applicable, no later than ninety (90) days after the later af: {1� termination
af this Ag�reennent; (2) issuance of a close�out audit by the City or Airpart Operator; ar (3) payment
o�' aIl outstanding amnunts n�ed the Ciiy under this Agreement.
Article � AFFZLXATES
5.1 Airline's Designation of Afiiliate�.
Subje�i to the pravisiot�s ofthis Article 5, AirIine may designa#e one or z�ore Af£'iliates ta
operate at the Airpart. In the event Airline designates an Affiliate, the following provisions apply
to Airline and its Affiliates:
5.1.1 Airline's designation of ar� Affiliate shall nat be effective until Airline
has �rst (a} noti�ed the Air}�ort Operator in writing that Airline intends to designate the Affiliate;
(b} ensured that the Af�iliate has entered into an Affliate aperating Agreement witY� the City in
substanii.ally the same form as that attached as Ex.hibit D; az�d (c) con.frmed for the Airport
Operatar ir� writing that Airline will pay ta the City all of t�e Aif liate's Landing Fees and other
fees and charges due to the City on acco�zat of the Affiliate's use of any Aarport facilities as an
Affiliate of Airline, as pr�vided in Section 5.1.2. Airline's designation of an Affiliate is sUbjact to
the City's approval, r�hich shall �not be unreasanably withheld.
S.I.2 AirIine shall pay to City aI! Landing F�es and �ther fees and charges du�;
under this Agreement due to City on account of the Affiliate"s use of any Ai�ort faczlities, and
shall submit to City all repar�s detaiIing each Af-fiIiate's use a�' any Airport facilities or services as
an Affiliate of Airline in accordance with Section 4.4; provided, k�awever, that botk� Airline and
the Affiliata shalI r�main jointly and severally liable to City for the paymanti of alI Landing Fees
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and other fees and eharges, and the suhmission of all reports, that are due to City on account of the
AffiIiate's use of any Airport faciliiies or ser�ices as an Affiliate of Airline.
5.2 Applicabilify of Agreem�nf to Affilia#es.
For so long, as Airlin� and its AfFiliates have complred rvith the payment and reparting
obligatians under Ai�tzcle 4, then each Affiliafe shall have the same rights as Airline with respect
to its use of �he Airpart.
5.3 Terxnination o� Statns af Affilia�e.
A Cargo Carrier's status as Affiliate of Airline may be tertninat�d by Airline upon not less
than thirty (30) days' wriiten zaotice to City. Airline's liability to Ciiy for the payment af aIl
Lar�ding Fees and other �ees and charges due under this Agreement, and the submission of all
activity reports, thai are due to City on accoun.t of the use af Airport facili�ies or services by
Airline's Affliates shall survive any termination of Affiliate status; provided, however, that
Airline shall anly be cesponsible for such paynaents and reparts related ta the terminated Affil'rate's
operations before its proper texrriinatian by Airline took �ffect.
Article 6 INDEMN�F�CATZON AND ZNSUI�ANCE
6.1 Indemni�catron.
5.1.1 Except for Claims far environmental matters {�vhich are the subjeet of
the indar�anification obligation ur�der ArticIe 1 I), Airline shall, to the fullest exient permitted by
law, defend, indernnify and hold harmless the City and the Airport Operato�• and their boards,.
officers, of�cials, directors, employees, valunteers and agents (each and "Indemni�'ie.d Party")
from and against {i) Claims arising directly or indirectly from any acf ar orz�,ission (including
withaut limitation express negligence) o� Airline or Airlin� Entity or out of the obligations
undertaken in connection with or tlze performance of this Agreement, or (ii) for Glaims based upo.n
Airline's alleged bre�.ch of any statutory duty ar obligatinn or Airline's duty under contracts with
third par�ies, or (iii) Claims arising from any use of the Airpot�t by Airline or Airline Entities
excetat, ta the e�tent those Claims arise out af th� negligcnce ar willful misconduct of th� City or
Airport Operator. The obligations in this ArticIe sha11 apply for the entire tim.e thaf any third par�y
can legaIly rnake a claim against or su� th� Gity or Airport Operator for liabilities arising out af
Airline's use, occup�ncy, or operation of the Airport.
6.1.2 Exeept for claims for environmental matt�rs (which are f.he subject of the
indemnificatinn obligations under Article 11), Airline shall release, defend, inderannify, and hold
each �ndemnified Party completelq harmless from and against any Glaims arising from or based
upon the actual or alleged violafiion by Airline or an Airline Entity, of any Applicable Laws,
Airport Rules and Regulations or any license, c�r�if cate, parmit or other autharization issued undee
any of the aforesaid, in connection with Air�ine's conduct of its air transpartatian business on or
at the Airport or use or occupancy of the Airpart.
6.1.3 If the City is alleged to be �n nan-compliance with Applicable L�ws
governing access to seeure areas of the Airport and said non-compliance is the result of or due to
the negligence or willful act or omissian �f Airline or an Airline Entity, and such breach �f a secure
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area results in a civil penalty or other action against the City, Airline agrees to reimburse the City
for all �xpenses, including reasonable attorneys' f�es, incurred by the City in defending against
the civzl penalty action or other actiori, and for any ci�il penalty ar settlement amaunt paid by tl�e
City as a resuli of being deemed in non-cornpliance as aforesaid. The City sha11 give Airline
reaspnable notice of any allegation, investigafiion, or prdposed or actual civil penalty or other
action sought for such non-compliance.
6.1.�4 If any actio.n or proceeding is brought against the City by reason af ar�y
Claim that may be subject to Airline's indemni�cation obligations contained in this Section b.I,
Airline, upon re�.sonable notice fi•om the City, shall resist or defend such claim, suit, demand,
aetion, liability, loss, dama�e, judgir�ent, fine, nr penalty with counsel reasonabIy accep�able to the
City, and the City shall tal�e reasonable act�ons to mitigate its damages.
6.1.5 The foregoing express obligation af indernnification shall not be
consfrued to negate or abridge any ather dbligatian af indemnif'tcation running fio the City ar an
Ir�demnified Party that woulc� exist at common law or under other provisions o#'this Agreement,
and the extent of the obligation of indemnificatian shall nat be Iimited by any provision of
insuranc� undertaken in accordance wiih this Agreement. The City shall gi�e Airline vvritten
notice af a�ny Claims threatened or made or any suit instituted against it that could result in a claim
of indeinnification hereUnder.
6.1.6 Natwithstanding anything to the contrary set farth in this Agreement,
neither party nor any of its members, directors, af�icers, agents, r�presenta.tives ar employees shall
be liable to the ot�ez• party far any lass af business ar any indirect, incidental, special or
consequ�ntial damages or lost profits arising out of ar reIatiing to this Agreement or such party's
performance or non-performance hereunder; pra�ided, however, that this Section {.1.6 shall nat
apply to third�party claims for bodily injury, wrongiul death or property damage arising out of or
relating to this Agreement.
6.1.7 The indemnification and other obligations under this Section 6.1 shalI
survive the expiration or earlier termination af t�zs Agreemerit,
62 Insurance.
Durin� the Tezm and any e�tensian thereof, A.irline sha11, at its sole cost and expense,
abtain and maintain in full force and effect, and promptly pay alI premiums, when due, for the
following types of insurance in the aznounts spacified and in the £ornn herein pra�ided:
6.2.1 General Liability InsurancelAviation Liability.
Airline shall maintain avration liability insurance, including generaI liability
insurance, in amounts not less than a Combined Single Limit of $500,000,000 any ona occurrence
and in the aggregate where applicable far bodily injury (incIuding death} to passengers and fhird
parties and Praperty Dama.ge. Caverage shall include b�t not be limited to Airport operations;
blanket contractual liability; personal injury, whic� caverage shail be $10,000,000; products and
campieted operations; aircraft non-owned liability; liability for vehicles on the restricted access
areas of the Aizcraft 4perations Area (A4A} inciuding baggage tu�s, aircraft pushback tugs,
pro�isioning trucks, air s�air trucks, belt loadars and ground hangar keeper's liability. Explosion,
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collapse and underground property dxmage liability caverage's shall not be excluded from such
insurance covera�e. The City and Airpori Operator shall be named as additional insured.
6.2.2 Autoinabile Liability Insurance.
Airline shall maintain commercial auto�nobile liability insurance, vvith a liinit oF
not less than $ I 0,000,000 each accident. Such insurance shall cover liability arising aut of any
auto (includin� ownad, hired, and �on-owned autos). The City and Aii•port Operator shall be
nained as additional insured.
6.2.3 Worlcers Compensation,
Airline shall maintain statutory warkers compensatian and employers liability
insurance. The liability einployer's limits for such policy shall not be l�ss than $1,OQO,OQD each
accident far bodily injury by accideni or $SOO,a00 each einployee for bodily injury by disease.
6.2.4 Contractors Insurance.
Any contractor, construction manager or other party engaged by AirIine or
subcontractor or ather party engaged by a cnntracinr, construction manager or other party that is
engaged �y AirIine, in either case, to perforn � any construction, renovations ar repairs at the fl.irport
shall obtain and maintain in full farce and effect during any construction period:
(a) A cor�ercial general liability insurance policy in minimum limits,
unless ntherwise specifed, nf $1,Oa0,4aQ per nncurrence far l�odily injury and $1,oaa,000 per
occurrence far property damage including a$2,000,000 general aggregate.
(b) An autarnabile liability insurance palicy covering own�d, non-
owned and hired vehicles of least $SQO,aOQ per a cozxibined �ingIe limii,
(c} A work�r's compensation policy af�ording statutory coverage and
containing statutory lirnits and employer's liability insurance at limits of $SDQ,OQO per
accidentl$SD0,000 each empIoyee!$SOO,OOQ policy limit.
(d} Professional liability insurance shall be mainiained when any
arehiteci., engineer or any oiher professianal service periarms, directly or indirecily, wark %r or
on behalf of Airline at Airport ar involving Airline's operations �vith a$1,000,000 policy limit.
(e) Additional Coverage:
{i) Excess / Umbrella Liahility (as applicable)
{ii) W ithin Aircrait Operations Area $ i 0 M
{iii) 5eeure/Sterila �ide Operations (outside AOA} $S 1VI
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Coverage must apply in excess of all required primary liability insurance, and rnust be at
least as broad as the underlying liability insurance. The City and AirpQrt Operata�• shal� be nameci
as additional insured.
6.3 Forms of Insurance Coverage.
6.3.1 Insurance requirernents anci limits of cow�rage und�r this Agreement
inay be amended by the City as a result of increased rislc, nature of work performed, lasses
sustained, and/or City policy, industry and statutory changes.
b.3.2 All policies shall be written by insurance coi�pan.ies reasonal�ly
acceptable to the City.
6.3.3 All policies, except far workers compensation coveraga and pxofessional
liability coverage, shall designate the below mentioned parti�s as "Additio�al Insured," eiiher by
a"bianket additional insured" endorsement, or hy specific endorsement.
"The City of Fort Worth, Texas and Alliance Air Services, Inc, and their respective
elected nfficials, boards, officers, employees, agents and representaiives."
6.�.4 All policies shall waive the insurer's right of subxagation againsfi said
par�ies.
6.3.5 All po.licies rr�ust be primat•y with respect to caver.age provided for the
City a�d the oiher AdditianaI Insureds.
6.3.6 All policies must be non-contributary with ather coverage or self-
insurance available tn th� City and the other Additional Insureds.
6.3.7 AIl of Airline's insurance policies shall contain a pravi,sion that written
notice shaIl be given to the City and Airport Operator at least thirty {34) days prior to cancellation,
excepi ten (IOj days for non-payrnent of preznium. In the event that Airline is no�ifed tl�at an
insurer intends to terminate or nan�renew a policy or reduce ccrverage below the requirements in
this Agreement, Airline shall arrange alternate coverage acceptable ta t�ae City ta camply wi�h City
requirements and cause replacement coverage data to be ohtained.
6.3.8 ApprovaI, disapprQval or failure to act by the City regar�ing any
insurance o6tained by Airline shall nnt relier�e the Airline of full responsibility or liability for
darnages and aceidents as set forth herein. Neither shall the battkruptcy, insolvency ar denial oi
liability by the insvranee cornpany e�onerate Airline firom liability.
Article'� COMPL�ANCE WITH LAWS
7.1 General Laws.
Airlina shall comply with aIl Applicable Laws.
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7.2 Airport RnIes and Regulations
The use by 1�irline of the a�eas and facilities described herein and the rights and privileges
granted Airline pursuanf to this Agreernent shall at all times be subject to the Airpart Rules and
Reg�lations. Airlina covenants and agrees that it will nat violate or perrriit any Airlina Entity to
violate any such Airport Ru1es and Regulations. The City may prescribe ci�il }aenalties and
injunctive remedies for violations thereaf, and the sa��ne may be applied to Airlin� for violations
by Airline or any Airline Entity. Airline may contest in good faith any AppIicable �.aws, federal,
Siate ar local code, Iaw, regulation, ordinance ar rule, Airport Rules and Regulations or any other
rule ar regulation oithe City without being considered in breach ofthis Agz°eernent sa Iang as such
contest is diligently commenced a�d prosecuted by Airline. The City shall provide at least thirty
(3Q) da�s' advance writt�n notic� of any new or amended Airport Rules and Regulations affecting
Airline.
7.3 Licenses, Certificates and Authorizations.
Airline shall obtain, at Airline's sale expense, all licenses, certifcates, permits and other
aufhorizations that are now or h�reaf�er required by Applicable Laws or the Airport Rules and
ReguIations for Airline's operations at the Airport and Airline's exercise aF any rights under this
Agreement.
7.4 Wage Hour Laws.
Airline shall comply with all applieable Federal, state and 1oca1 wage and hour laws.
Article 8 CIVIL RIGHTS AND AFFZRMATNE ACTION
S.l General Civi[ Rights Provisians.
Airline agrees to cnmply with pertinent statutes, Executive Orders and such rules as are
promulgated to ens.ure that no person shall, ori the grounds of race, cre�d, color, national origin,
sex, age, or disability be E�cluded from participating in any acti�ity conducted with or benefiting
frorn �ederal assistance. If Airline transfers its obIigation, the transferee is obligated in the same
manner as Airline.
This provision obligates Airline for the period during vvhich the pxoperty is ovvned, used or
possessed by Airline and the Airport remains obligated to the Federal Aviation Administration.
This pro�vision is in addition to ihat required by Title VI of the Civil Rights Aci of 1964.
8.2 Compliance with NondiscriEnination Requiremenfs.
During the parformance of this Agreement, Airline, for iiself, its assignees, and successors
�n interest {hereinafter refe�•red to as "Airline") agrees as follows.
8.2.1 Compliance with Re�ulations: Airline (hereinafter inclades consuItants)
will comply with the Title VI List of Pertinent Nondiscri�x�.ination Acts and Authorities, as they
may be amended from time to time, which are herein ineorpnrated by referer�ce and inade a part
oithis Agreement.
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8.2.2 Nondiscrimination: Airline, with regard to the wark �erformed by ii
during the Agreement, will not discrim:inate on the graunds ofrace, color, or nationa� origin in the
selection and retention of subcontractors, including procureznents of materials and leases o�
equipment. Airline will not participate directly o�• indirectly in th� discrirnination prohibited by
the Nondiscrimination Acts and Authorities, including employment practices when the Agreement
covers any acti�ity, project, or pragra�n set foxrth in Appendix B of 49 CFR part 21.
8,2,3 Solicitations for Subcontracts, Including �rocurements of Materials and
Ec�uipment: In all solicitations, eitI�er by co�nr�petitive biciding, or negotiation made by Airline for
worl< to be perfarmed under a subcontract, ineluding proeuz•exnen.ts of materials, or leases nf
equiprnent, each pote�tial subcontractor or supplier will be notified by AirIine o�' Airline's
abligations under this Agreement and the Nondiscrimination Acts and Autharities on tha grounds
of race, color, or national origin.
8.2.A� Informaiion and Re orts: Airline will pravide all infarmation and
reports r�quired by the Acts, the Regulations, and directives issued pursuant thereto and will permit
access tio its books, records, accounts, other sources of information, and its facilities as may be
determined by the City or the Federal Aviation Adzninistration to be pertinent to ascertain
corzi.pliance with such Nondiscrimination Acts and Authorities and instructions. Where any
int'ormation required of Airline is in the exclusive possession of anoth�r who fails or refuses to
furr�ish the infarinatian, Aieiine will so certify to the City or the Federal Aviation Administration,
as appropriate, and will set forth what efforts it has made fio obtain the inforrnation.
8.2.5 Sanctians far Noncom liance: In the event of Airline's noncompliance
with th� nondiscrimination provisions of this cantract, �:he City will impose such contract sanctions
as it or the �'ederal Aviation Adrninistration may determine to be appropriate, including, but nat
limited io:
(a} Withhoiding payrnents to Airline u�nder the Agreement until Airline
complies; and/or
{b) Canceiling, terminating, ar suspending the Agreernent, in whole or
in part.
8.2.6 �ncorporation af Prorrisions: A.irline wi31 include the provisions of
paragraphs 8.2.1 thrnngh $.2.6 in every subcontract, including procurements of ma�erials and
leases of equiprr�ent, unless exeinpt by the Acts, the Re�ulations and directives issued pursuanfi
thereto. Airline will take actian with respect to any su6cantract or procurement as the sp�nsar or
the Federal Aviation Admin�stration may direct as a m�ans of enforcing such provisions including
sanetions for noncompliance. Provided, that if Airline becomes invalved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, t�ixline may request the Cit}� to
enter into any liiigatian to protect the interests o£ the City. In addition, Airline may request the
United Stat�s to enter in�o the litigaiion to protect the in#erests of the �CJnited States.
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8.3 Title VI Clauses for Transfer of Real Properiy Acquired or Improved Under
the A,irport �mprovement Program.
8.3.1 Airlin�, for hiznself/hez•seIf, his/her hairs, persor►al representatives,
s.uccessors in interest, and assigns, as a part of the consideration hereof, doe� hereby co�enant and
agree as a covenant running with the land th:at:
(a) In the event iacilities are cons�ructed, maintained, or otherwise
operated on the proper�y described in this Agreement for a purpose for which a Federal Aviation
Administration acti�ity, facility, ar program is extended or fbr another purpose involving the
provision of similar sarvices or benafits, Airline will maintain and opera�� such facilities and
services in compliance with all requireinents imposed by the Nondiscri�nination Acts and
R�gulaiinns listed in the Pertinent List of Nandiscrimination Authorities (as may be amended)
such that no persan on the grounds of race, color, or national origin, wiIl be excluded from
participation in, denied tha benefits of, or be atherwise subjected to discrimination in the �se of
said facilities.
8.3.2 With respect to this Agreement, in the event of brc�ach ofany ofthe above
Nondiscrirnination covena�ts, the City will hav� th� right to te�inate this Agreement and to enter,
re-enier, and repossess said lands and facilities thereon, and hold the sam� as if this Agreement
had never been made or issued.
8.4 Clauses for ConstructionlUse/Access to Real Property Acquired Under the
Acti�ity, Facility or Program.
8.4.1 Airline, for himself/k�erself, his/her heirs, personal representatives,
successors in in.terest, ar�d assigns, as a pari of the consideration hereof, does hereby covenant and
agree, as a covenant running with th� lanci, that (1) no person on the ground of race, color, or
na�ianal origin, will be e�cluded fram participation in, denied the beneiits af, or be atherwise
su6jeci�d to discrimination in the use of ,�aid faciIities, {2) thai in the construction of any
improvements on, over, o.r utlder such land, and the furnishing of' services thereon, no person on
the ground of race, color, or nationa� origin, will be excluded fram participation in, cienied the
benefits of, or otherwise be subjected to discrimination, (3) that Airline will use the premises in
�ompliance with all other requirements impased by or pursuant to the List af Nondiscrimination
Acts and Autk►ori�zes.
8.�.2 With respect to this Agreement, in the event of breach of any ofthe abave
nondiserimination co�enants, the City will have the right to terminate the Iease and �� enter ar re-
enter and repossess �aid land and the facilities th.erean, and hold the same as i�'this Ageeement had
never been made or issued.
8.5 Title VI List of Pertinen� Nondiscri�rnation Acts and Au�horities.
8.5.1 During the perfarmance of this Agreernent, Airline, for itself, its
assignees, and successors in interest (hereznafter referred to as the "Airline"} agrees to compIy
with the following nandiseritnination statutes and authorities; including bui not limited to:
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(a) Title VI af tk�e Civil Rights Act of 1964 (42 USC § 20QOd ei seq.,
78 stat. 252} (prai�ibits discriminatipn on the basis of race, color, nationa� origin);
(b} 49 CFR part 21 (No��-discrirninatian in FederaIly-assisted programs
of the Department af Transportation---EfFectuation of Title VI of the Civil Rights AGt of 1964);
(c) The Unifarin ltelocation Assistance and Real Praperty Acquisition
Policies Act af 197Q, (�2 USC § 4601} (prahibits unfair treaiineni of persons displaced or whose
praperty has bean acquired because of Fedei°a� or Federal-aid progr�.ms and prajects);
(d) Section 504 of the Reha�ilitatian Act of 1973 (29 USC § 794 et
seq.), as amended (prahibits discrimination an fhe basis of disabili�y); and 49 CFR part 27;
(e) The Age Discrimination Act o�' 1975, as amended (42 USC § 61fl1
et seq ){prohibits discrimination on the laasis of age);
(� Airpart and Airway Impraverneni Act o� 1982 (49 USC § 47l ,
Section �7123), as am�nded (prohibits discrimination based on race, creed, color, nationaI origin,
or sex);
(g) Th� Civil Rights Restoration Act of 19$7 (PL 1 DO-2p9) {broadened
the scope, eoverage ar�d applicability of Title VI o� the Civil Rights Act of 1964, the Age
Discrimination Act of I975 and Saction 504 of the Rehabilitation Act o� 1973, by expanding the
definition of the tezms "pro.granns or activities" to include a�l of the programs or activities of the
Federal-aid reeipients, sub-recipients and contractors, whether such progratns or activities are
rederally funded or notj;
(h} Titles II and III of the Americans with Disabilities Act of 199fl,
which prohibit discrimination on the basis oi disability in the operation of public eniities, public
and pri�ate transpartation systems, placas of public accom�nodation, and certa.in testing entities
(42 USC §§ 12131 — 12189} as irr�plemented by U.S. D�par�rnant ofTransportation regulations at
49 C�`R parts 37 and 3 S;
{i) The �'ederal Aviation Administration'� Nondiscrimination statute
(49 USC ��7123) (prahihits discrimination on the basis of race, color, national arigin, and sex);
(j) Executive Order 12898, Federal Actians to Address Envirorunez�tal
Justice in Minority Papulatians and Low-Income Populations, which ensures nondiscrimination
against minority pop�alations by discauraging programs, policies, and aciivities with
disproportianately high a.nd adverse human health or environmental e�fects on minority and low�
incorne populations;
(k) Ex�cutive Order 13166, Improving Access to Ser�ices far Persons
wit11 Limited English �'roficiency, and resulting agency guidance, national origin discrirxzination
includes discrimination bacause of limited English praficiency (LEP}. To e�sure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons ha�e meaningful access to
your prog,rams (70 Fed. Reg. at 74087 ta 74100};
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(l) Ti�le IX of the Edueation 1�mendments of 1972, as amended, which
prohibits y�u fiom discriminating because of sex in edueation prograzns or activities (20 USC 1681
e� seq),
$.6 Subordination fo Agreements with the United States.
This Agreement is sitbject and subordinate to the provisions of any a:gr�ernent heretofare
or hereafter made between the City and the United States, including withaut limitation th.e tertns
ofi any "Spoilsor's Grant Assurances" or Iilee agreement, the execution of �vhich is required io
enable or permit the transfer of rights ar property to the City for airport p.urposes, or the expenditure
of %deral grant funds %r Airpprt improvement, maintenance or devalopme�t. Airline shall
rea�onably abide by tl�e raquirements of agreements entered into between the City and the i]nited
States, and shall consent to amendments a�d modifications of this Agre�m�ni if rEqUired by sucl�
agreements or if required as a condition of the City's entry into such agreements.
8.7 No Exclusive Rights.
Nothir�g contained in this Agreeznent shall be deemed to grant to Airline any e�clus.ive
right ar privi�ege within the meaning of 49 U.S,C. § 40I03{e) with respect io aciivity on the
Airport.
8.8 Right to Develop Airport.
The City reserves the right to further develop or irnprove the Airpo�t as it sees fit, regardless
of the desires or view of Airline and without interference ar hindrance.
$.9 Right of Flight.
There is hereby reserved to the City, its successors and assigns, for tk�e use and benefit of
the public, a right of flight for ihe passag� of aireraft in the airspace above the surface of the
Premises. This public right of flight shall inclUde the right io cause in said airspace any noise
inher�nt in the operation of any aircraft used for navigation or flight through the said airspace or
Ianding at, taking off from, or aperation on the Aiurpo�rt.
8.1 Q 14 C.F.R Part 77, Obstructions in Navigable Airspace.
Airline agrees to comply with the applicabie notification and review requirements co�ered
in 14 Code oi Federal Regulations ("C.F.R.") ParE 77 of the Fed�.ral Aviation Regulations, in the
event future construction of a building is covered by tnis Agrreement, ar in the event of an.y planned
rnodifieation or alteration oi any present or iutvxe building or struciure situated nn the Airpoi�.
S.I 1 War or National Emergency.
This Agreement shall be subject to whatever right the Linited States Government now has
or in the fi�ture may have or acquire, affecizng tk�e contirol, operation, regulation and talcing aver of
the Airport or the exclusive or r�on-excIusiv� use of the Airport by the United States during the
time of war or national emergency.
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$.12 No T�ter��rence with Airport Operations.
Airline by accepting this Agreetnent agrees for itself, its successors, and assigns that it wi11
not do or permit ta be done by its afficers, agents, employees, contraciors ar invitees, any act or
ornission which migh� interfere with the �anding and taking o�f o� aircraft from the Airport or
otherwise constjiute a hazard, ar unreasflnably interfere with the canduct of business by anaihe��
airIine, t�nant or contractor of the City, or unreasonably inte��fere with tlae perforinance of their
dutie� by ihe staff of the �ity ar by the staif of the FAA, the TSA or any other agency of the U. S.
Gavernment, or aithe coi�tractors thereof. In the event this co�enant is breached, the City reserves
the right, in addition to any other rights or remedies under this Agreement or in law or equity, to
enter upon the Premises and cause the abaternent of such interfereer�ce at the expense af Airlin�.
8.13 SEC Rule 1�e2-12.
Airline, upon the City's r�c�uest, shall provide to the City sUch informatian as the City may
reasonably request in writing to comply with the City's cant�nuing disclosure requirements under
SEC Rule 15c2-12, as it may be amended f'rom time to time, provided, however, that Airline may,
in lieu of providing the requested information, direc� the City to an Airline or SEC website where
the requested information is then currently available.
8.14 Americans with Disabilities Act ("ADA").
Airline aclrnowledges that, pursuant to the Americans with Disabilities Act, 42 i7.S.C.
Sectians 1210] et sec�., as amended and supp�emented (ADA), to the exteni applicable to Airline,
pragrams, services and other activities provided by a public entity to the pubIic, whether directly
or through a contraetor, nn.ust 6e accessible to the disabled public. To the extent th.e ADA is so
apglicable: (a) Airline shall provide the services specified in tliis Agree�nent in a ma.nner tI�at
complies with ihe ADA, as applieable, and any and all other applicable fed�ral, State and local
disability rights legislation; (b} Airline agrees not to discriminate against disabled persons in tI�e
provision of services, benefts or activities pro�ided under this Agreament; ar�d (cj Airline furCher
agrees that any violation of this prohibition on the part of Airline, its err�playees, agents or assigns
shall constitute a material breach of this Agreement.
Article 9 AIRLINE DEFAIILT AND TERMTNATZON BY CXTY
9.1 Aiwline Default.
The occurrence of any one or mnre o� the following e�ents shall constitute an Event of
Default under this Agreement:
9.1.1 Airline becomes insolvent (as such term is defined under Sectian 101 of
th� Federal Bankruptcy Code); or fails to pay its debts generally as they mature; or takas the benefit
of any present or future federal ar state inso�vency statuie; or makes a general assignment for the
bene�'it of creditors.
9.1.2 Airline �les a voluntary petition in bankeuptcy or a petitian or answer
seelcin� an a3•rangement of its in.debtedness under the Federal Ban�cruptcy Cnde or under any other
law ar statufie oi the United States or of any state th.ereaf; or consent ta the appaintrrient oi a
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receivex, ttustee, custodian, liquidator or other similar of�cial, of all or substantially al� of its
property; or an order for relief is entered by or against Airline under an�r chapter of the �`ederal
Bankruptcy Code.
9.1.3 By order or decree of a eourt, Airline is adjudged bankrupt or an order
shall be made appraving a petition filed by any of its creditors or by any of its staclthoIders, seelting
its reorganization ar the restructlaring af its indebtedness under the Federal Sankrup.tcy Code or
under any other law or statute of tihe United States or a�ay state thereaf and such ord�r or decree
shall not be stayed or vacated within sixty (�i0) days of its issuanc�.
9.1.4 A p�tition under any chapter ofthe Federal Bankruptcy Code or an action
under any federal or state insolvency law or statute is filed against Airline and is not dismis,sed or
stayed within sixty (60) days aft�r the filing thereof.
9.1.5 By or puesuataf ta, or under autharity of any legislati�+e act, resolution or
rule, or ariy order or decree of any court ar goveX•nmental board, agency ar officer, a rec�iver,
trustee, custodian, liquidator or other similar official takes posscssian or cantrol of all or
substantially all of the property of Airline and such possession ar control cantinues in effect for a
period of sixty (6Q) days.
9.1,6 AirIine becomes a corporation in dissolution.
9.1.7 The letting, license or other interest oi or rights of Airline hereund.er is
transferred ta, pass to 01• devolae upon, by operation of` Iaw or othexwise, any ather person, firm,
corporation or other entity, by, in connection with or as a result of ar�y bankruptc�, insolvency,
trusteeship, liquidation or oth�r proceedings or oceurr�nce described in Sections 9.1.1 through
9.1.6.
9,1.8 Airline faijs duly and ti�ely to pay any Landing Fees and other fees and
charges due uncfer this Agreement whean due to the City, and such faiIur� shall conirnue for thit-ty
(3�) days beyond Airline's receipi af a written notice af sucla breach or default fram the Airport
Operator.
9.1.9 There occurs an assignrnent or transfer and such assigr�.rnent or transfer
is not revarsed witlzin thirty (3fl) days a£ter written notice by the City.
9.1.10 Airline abandons the conduct of' Uusiness at the Airport, and in
conn�ction wiih this abandonment, suspend operations for a periad o� sixty (60) days in the
absence of a labor dispute, force majeure ev�n� in accordance with Sectian 23.I2 or other
gov�rnmental actian in vvhich Airline is directiy invol�ed.
9.1.11 Airline iails ta obtain and maintain the insurance required by Seetion 6.2
or provide copies of the policies or certificates {including wifihout 1ii�nitation those related to
renewals of sueh caverages) to the City as required and, anly with. respect to providing capies of
the policies or certificates, the failure to provide ihe copies shalI continue �or five (5) days beyon.d
Airline's receipt of a written notice from the City of such breach or ciefault.
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9.1.12 To the exient applicable, Airline fails to �neet any of AirIine's Security
Deposit requirements set Forth in Section 4.6 anci such failure continues for thirty (30) days beyond
Airline's receipt af a written notice from the City of such breach or deiault.
9.1, l 3 Airline iails to keep, perform and observe each and every other pz�om ise,
representation, covenant and agreerneni set forth in this Agreernent, and such failure continues fnr
a period of more tha.n thirty {30} days after the Airpnrt Operator's delivery of written notice of
such failure or, if satisfaction of sUch objigation requires activity over a periad of time, if Airline
fails to �corr�rnenee the cure of sueh failure within ihirty (34) days after Airline's receipt of such
notice, ar thereafter fails io diligently prosecute such cure, or fails to actualIy cause such cure
within sixty (GO) days of the Airport Ogeratox's d�livery of such notiee.
9.2 City's Remedies.
9.2.1 General Remedies,
(a) Whenever any E�eni of Default accurs (oiher t�an a default pur�uant
to Subsection 9.1.3 upon whieh termination of this Agreement, ai the City's option, shall be
e�fective imm�diately vvithout further notice), this Ageeement and all af Airl'1ne's rights hereunder
shall terminate if tI�e wz'itten natice of defauit so provides.
(b) The Ci1:y's action pursua�t to this Section 9.2.1 shall not in any way
limit the City in ihe pursuit of any other additional righi or remedy available to the City in law or
in equity by r�asnn of Airline's default.
9.3 Terminatio.n.
This Agreeinent may be t�rminated in advance of its Expiration Date in the foIlowing
events:
9.3.1 If any %dera�, state or local government, or agency or insiruxx�.antality
thereof, iakes, by condemnation or deed or conveyance in lieu thereof, title, possession, or the right
to possessian a£the Airpart or any substantial por�ion thereof, the City may, at its option, terminate
this Agreernent as of the date af such taking; or
9.3.2 If any court having jurisdiction renders a decision that has become final
and will permanently ar for a substantial period of time prevent the City's performance of any of
its nnaterial obligations under this Agreem�nt, either party hereto may terminate this Agreernent
by written notice. This right of tez-rnination shall be and remain effective whether or not the City,
by ta�ing aff'rrmative action or by inactian, could ha�ve prevented the rendering of the decisian, or
could have caused the decision to be vacated before it became f nal.
9.3.3 If fihis Agr�ement is terminated under this Section 9.3, all rights and
obligations of the parties shall terminate (with the exception nf (i) any undischarged righis and
obligations that accrued prior to the effective datc� of such termination: az�d (ii) any rights and
obiigations that this Agreement ex�aressly states shall survive such termination).
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9.4 The City's Right to Perform.
All agreements and obligations ta be performed by AirIine under this Agreement shaIl be
at AirIine's sole cost and expens� and without any abatement of Landing Fees and other fees and
char�es due under this Agreemerii.
9.5 Airline's Rights Related to Termination.
In the event of any termination based on any beeach by Airline of the co�enants, terins and
conditions contained in tliis Agreement, alI flf Airline's rights, powers anc� privileges uilder this
Agreement shall cease. Airline shalj have na elaim of any kind whatsoever against the City by
reason of sucl� termination, ar by reason of any act by the City related to such termination.
9.6 Bankruptcy.
In na event shall this Agreement or any rights arprivileges hereunder b� an assei o�Airline
under any banlcruptcy, insolvency ar reorganization proceedings. To fhe extent consistent with and
permitted under the Un.ited States Bankruptcy Code or similar debtor r�lief laws, if Airline seeks
protection under tha Llnited States Bankruptcy Code or sirr�ilae debtor relief laws, or is currentIy
aperating under the proteciion of the United States Bankruptcy Code or other similar debior relief
laws, Airline shall comply �vith every provision of this Agreement as and when required �nder this
Agreement, including without limitatian per�orming any required remediation relating to any
environmental matter pursuant to Airline's obligations under Article 11 which arose prior to or
arises during the caurse af Airline's banfcruptcy cas�. No Cargo Carrier will be allowed to assume
this Agreement without performing any required remediai�on as part of the cure of any Eveni oi
Default under this Agreement.
Articie 10 AIRPORT DEFAULT AND TERNIINATION BY AZRLINE
10.1 Evenfs af DefauIt.
The events described bal4�r are deemed Events of Default by the City hereunder:
10.1.1 The Ciiy fails to l�eep, perform or observe any material term, covenant
or condition herein contained to be kept, performed, or observed by the City and such failure
continues for thirty (3a) days after receipt of written notice from Airline; or, if by its nature such
default cannot be cured within such thirty (30) day period, the City shall not commence to cure or
remove such default within said t�irty (30) days and to cure or remove the same as prnmptly as
reasonably pxacticable;
10.1.2 The Airport i� elosed to flights in general or to the flights of Airlina, for
reasons other than thase circutnstances vvithin Airline's controI, and Aiz•port fails to be reapened
to such flights within thirty (30} consecutive days from such closure.
10.13 The Airport is perma�ently clased as ax� a�r carrier airport by act of any
Federal, state, or local governxnent agency having competent jurisdiciion; or Airline is unable to
use Airport for a period of at least thirty (30) consecuti�e days due to any law or any order, rule or
regulation of any governmental authority having jurisdiction overthe op�rations ofthe Airport; or
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any court of compeient jurisdiction issues an injunction preventing the City or Airline from using
Airport far airport purposes, %r reasons other than those circumstances within Airline's contcol,
and s�ch injunction remains in force for a period of at least tl�irty (30) consecutive days.
10.1.� The United States Governinent or any authorized agency of the same (by
executive order ar otherwise) assume.s the operatian, cantrol ar use af the Airpos�t in such a mamler
as to substantially restrict Airline from conducting its operations, if suc� restriction be continued
for a periad of ihirty (30) cansecutive days or more.
l. Q.2 Airlipe's Remedy.
So long as Aieline is not in default as set farth in Ariicle 9 of this Agreement, including,
but not limited #o, payrnents due to the City her�under, Airline may cancel this Agreement �pon
the occurrence of an E�ent of Default set fox�th in Section l 6.1. In such event, Airline shall serve
thirty (30) day adva�nce writfen notice of cancellation to the City. All Landing Fees and othet� fees
and charges due under this Agreement shali cease as of the date of such canceIlation. In additian
to the cancellation of this Ag�eement, Airline may exercise any remedy provided by law or in
equity.
Article ll ENVIRONMENTAL
For purposes of tihis Agreement, the following defnitians shall apply to environtneniai
maiters:
"Discharge" means an act or omission by which Hazardous Materials, Solid Waste, Pracess
Water, or any substances or materials regulated under Enviranmenta� Laws, now or in the future,
are leaked, spilled, pnured, deposited, or otherwise entered into wetlands, groundwater, water� ir1
th.e Staie of Texas, oc wa�ers of the United States, or by �hich those sub�tances are deposited.
where, unless eontrolled or remo�ed, they may drain, seep, run, or otherwise enter said waters.
"Environmental Xmpact Claim" rr�eans any cIairn, suii, judgment, penalty, �ne, loss, cost
recavery action, administrative proceading, request for inform.ation {when suck� request is by a
governmental ag�ncy), order or citation by any governmental agency, notice, cost, or expense
(including but not limited to documented costs of investigation, study, clea�au}a, t•emaval, respanse,
remediation, transportation, disposal, restoration, manitoring, and reasonable fees of consuliants,
cantractors, and attarneys) �crhieh arises out c�f, is related to, alleges, ar is based an the presence,
transporiation, h�andling, ireafrnent, storage, or Release, dispersal, disposal, emission, escape,
Discharge, ar migration of any Hazardous Material(s), Process Water, ar Solid Waste, any nther
chemical, matezial, irritant, regulated substance, or toxic substance, whether solid, liquid, or
gaseovs in nature, or which has any adverse effect on wildlife. Environmental Impact C1aim shaIl
exclude persona� injury, wrongful death, product liability, and environmental justice cIaims.
"Envirnnmental Indemnitees" has the meaning set forth in Section 10.8.
"Environanental L�w{s)" means all existing and future federal, state, and local laws and
permits, including vvithout limitation the Airpart Rules and Regulations and all other statutes,
ordinances, rules, orders and regulations relating to proiection of the environment, wildlife, public
health or jpublic saf�ety.
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"Greenhouse Gas" or "GHG" has fhe same definition as in t�a Mandatory cneenhouse Gas
Reporting Rule (A 0 C.F.R. § 98.6 (2009)), as it may be amended froin tizne to time,
"Hazardous Material(s)" means any substance regulated under or subject to Environmental
Laws: (a)the presence af v�hich requiras investigation, abatement, response, rema�al, ar
rem�diation under any Enviranmental Law; ar (b) that is or becomes def ned as a hazardous waste,
hazardous substance, taxic substance, regUlat�d suhstance, paliutant, or coniaminar�t under any
Environme�tal Law, including without limitation tlae Coinprehensive Environrnental Response,
Compensatian and Liability Act, the Resour•ce Conservation ane{ Recovery Act, the Texas Water
Cnde, or the Texas Health and Safety Cade; or (c) the presence oiwhich an the Airport poses or
threater�s to pose a hazard to the health or safety of persons on or about the Airport; or (d) tl�at
contains, sewage, gasoline, diesel fiael, petraleuan hydracarbons, natural gas liquids, ethylene
glycol, propylene glycol, potassium acetafe, paiychlarinated biphenyls ("PCBs"), asbestos, lead
pain�, or urea formaldehyde foam. insulation.
"N�DES" n�eans the National Pallutant Discharge Eliinination System.
"Prncess Water" means water, other than storm water or rainwater, that during
manufacturing, treating, processing, or cleaning, comes into direct contact witl� or results firorn the
productinn or use of any raw rnaterial, intermediate product, finished product, by product, or waste.
"Release" means any depositing, spilling, leaking, pumping, pouri�g, emitting, emptying,
dis�harging, inje�ting, escaping, leaching, dUnnping, or disposing into tl�e envirnnment, or a threat
of release such thaf a releasa may dr eould enter the environment.
"Solid Waste" has the same rneaning as in th.e Resource Conservation and Recovery Act
and the Texas Heal#h and �afety Cade.
"SWPPP" means Storm tiVater Pollution Prevention �'lan.
"TPDES" means the Te�as Paflutant Discharge Elimination System.
"Water in the State of Texas" has the same meaning as in Texas Water Code Section
26.001, as amended from time to ti�me.
"Waters af the United States" has the same meaning as in 40 C.F.R. Section I22.2, as
amended from time to time
All oiher fernas �ased herein have ihe mcaning sct forth in Artiele I, "General De�nitions."
11.1 Airline Representation�, Warrauties, And Covenants.
Airline represents, warrants, a�►d covenants tha following:
11.1.1 Airline has obtained and throughaut t1�e term of this Agreement shall
obtain and maintain all applicable licenses, pei�nits, registrations and other authorizatians and ap-
provals raquired under Environmental Laws and s�iall provide any notices requirecf under Envi-
ranr►ae�tal Laws for eonducting its operations at the Airport during the term of this Agreernent.
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Airline shaIl require Airline Entities io obtain and maintain aIi applicable lieenses, permits, regis-
trations and ather authorizatians requxxed by Enviranme�itaI Laws in order to conduct their opera-
tions and aetir�iiies at the Airport.
11.I.2 Airline shall comply and shal� requir� Airline Entities to co�nply, with
alI applicable Airport Rules and Regulations, so long as such Airport Rules and Regulations da
not unreasonably affect Airline's rights under this Agreement. 5uch Airpart Rules and Regulaiions
shaIl be r�asonable, nondiscriminatory and not in conflict with any En�ironmental Laws.
11.1.3 Airlizae sha11 not cause or contribute fio or allaw ar permit Airline Entities
to cause or contribute to:
(a) amy Release or Discharge ai any Hazardous Maierial, Solid Waste,
or Process Wat�r at Airport, unle�s authorized by an Envirorux�.ental Law or AirporL Rules and
Regulations;
(b) any violation of any applicabla Environr►aental Law as a result, in
vvhole or in part, of the use by or operations of Airline at Airport, ar thos� o� Airline Entiiies;
{c) any Rel�ase nr Discharge which is a rraaterially contributing cause
of the City exceeding the effluent limits of any individual s�orm water discharge permit issued to
t�e City, Mult�-Sector General Permit, M.unicipal Separate Storm Sewer Systetn permit, or any
applicable federal effluent limitation guideIine; or
(c�) 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, dispo�e of, or otherwise manage, and
shall require Airline Entities to handle, use, store, dispose of, or otherwise manage any Hazardous
Material, Process Water, or Solid Waste at the Airport in a lawful and prudent manner and so as
to pre�rent the Release or Discharge of any Hazardous Material, Process Water, or Soiid Waste
that does or nnay pollute or contaminate the en�rironment, or that does or may adversely affect the
health, welfare, or safety of persons whether located within the Airpart. Withoui Iimiting ihe fore-
goin:g, Airline shall not conduct or allow any Airline Entities to conduct any operations or activities
invol�ring the use or application of etI�yiene glycol, �ropylene glycol, ox any oi�ter substance in de-
icing or anti-icing at any location at the Airpart except in accordance with all appiicable Environ-
mental Laws and Airport Rules and Regulations.
11.1.5 Airline shall be responsible for the proper rei�oval and disposal of all
Hazardous Materials generated by AirIine, or resulting from Airline's use, aetivities, a.nd opera-
tions, at the Airport, including those activities and operations canducted on Ai�line's behalf by
Airline Entities.
11.1.6 Airline und�rstands and acknowledges that certain of the City's future
capital projects may require review or approval by the FAA, the Environmenta! Protection Agency
("E�'A"}, ar the Texas Commission on Environmental Quality ("TCEQ"} or their successor agen-
cies, pursuant to requiren:�ents imposed upon the Airport or the City, including but not limited to
State Itnplementation Plans, General Conformity Determinations, other requirements related to the
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s�atus of the Dallas-Fort Worth region as non-attai�tx�ent for ozone, and any eeduct'zon in Green-
hause Gas emissions. If requested by the City, AirIine shall reasnnably assist the City in preparing
such submittals as are required of ihe City by FAA, E�'A, or TC�Q, or their successar ageneies,
in connectian wiih City capital projects which beneiit Airline.
l I.1.7 Airline shall reyuire Airline Entities to undergo such training as is re-
q�ireci hy applicable Environmental Laws and Aitpart Rules and Regulations. Airline shall desig-
nate which of its employeas should undergo such training.
11.1.$ If Airline causes or cantributes to a. Release, Discharge, ar spill of Haz-
ardaus Materials, Solid Waste, ar Process Water at the Airport th.at is above any applicable report-
able q�aantity set forth i�i arxy applicable Environmental Law, Airline shall r�port sueh Release or
Discharge to the appropriate governmental authorities in co�rxzpIiance with applicable Environmen-
ta! Law. Airline shall xequire Airline Eniities fia report any ReI�ase or DiscHarge �o the apprapriate
governmental authorities, in compliance with applicable Environmental Law, if said third party
causes ar cantributes to a Discharge or Release of Hazardaus Mat�rials, Saltd Waste, or Pracess
Water above any raportable quantity sat for�h in any applicable Env�ronnaental Law.
1�.1.9 Airline acknowledges that the City and Aitline ar� subject to eertain Na-
tional and T�xas Pollution Discharge Elimination System perrxiits {"N�'DES°' and "TPDES"), state
and federal storm water regulatians, and federal eifluent limitation guideIines, including, �ithout
limitation, EP'A Admi�istered Permit Progra�r�s, 4� C.F.R. § 122 (2009), as arnended fram tiine to
f�m.e, for aperatians at the Airpart. Airline shaI� canduct operations and activities at the Airpor�,
including but not limited to de-icing, anti-icing, and constt`uction, and shall require Airline Entities
to conduct operatians and activities at the Airport in compliance wi�h applicable Enr�ironmental
Laws and Airport Rules and Regulations. Airline ackn.orvledges that its reasonab�e cpaperation is
necessary to ensure Airport's compliance with any applicable NPDES ar TPDES storm water per-
mits and effluent limitation guidelines under Environmentai Laws. Airline shall rr�inimize the ex-
posure to storm water of materials generated, stared, handled, or used by Airline or Airline Entities
at the Airport including without limitation soiI and sediment exposed by construction activities,
Solid Waste, and Hazardous Materials, by impl�rnenting and requiring implementation of certain
`Best Management Practices" as defined by Environmental Laws. Airline furt�er acknowledges
that any TPDES or NPDES s�orm water discharge p�rmit issued to the City or any effluent limita-
tion guidelines applicable to the Airport or AirIine aze ineorporated by reference infio ihis Agr�e-
ment to the extent affec#ing Airline's operations at ar use of the Airport or operations or activities
conducted on its behalf at the Airport, or necessitating Airline's reasonable cooperation to assure
the City's campliance therewith. The Ci� shall end�avor to negotiate reasonable and eost efFective
terms and conditions of any permits issued to the City which may affect Airline's operations at nr
use �f the Airport or operations or activ'riies conducted on its bahalf at the Airport, or which may
necessitate Airline's reasonable cooperation to assure the City's compliance therewith.
11,1.10 Airlin� or Airline Entities shall not create any human-made structure,
land use practice, or h�.unan-made feature, or rnaintain any condition, that cr�ates an unreasonable
wildlife attraction, including, but not limited ta, architectural features, landscaping, waste disposal
sites, agiricultural or aquacultural activities, without appropriate coverings or oiher mitigation
measures.
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1 I.2 �ntormation fo be Provided to fh� City.
1I.2.1 If Airline r�ceives any written no�ice, correspondence, citation, order,
warning, complaint, inquiry, claixn or demand regarding the Airline's operations at the Airport that
is nat legalIy privilaged, made con�idential hy applicable law, or protected as trade secrets:
{a} cancerning any alleged contarnination, or Discharge, ar Releas� of
Hazardous Material, Salid Waste, Procass Water by Airline or by Airline Entities; or
(b) alIeging tk�at Airline or an Airline Entity is the subject o� an Envi-
roninental Impact Claim or alleging that Airline or an Airlina Entity, or tnay be, in violation of any
Enviromnental Law(s); or
(c) assei-iing that AirIine or any such third party as identified in clauses
(1) and (2) above is liable far the cost of investigation or remediatian of a Release or Disaharge;
11.2.2 Airline shall immediately, but not later than �ive (5} days after Airline's
receipt, inforrn the City and Airpart Operator in wvriting of same, including a copy of such notice
received by Airline.
11.2.3 Airline shall simul�aneously provide to the Gity and Airport �peratar
copies af its submittals of any non-privileged reports ar notices required under En�vironmental
Laws to any gavernmental agency regarding:
the Airport, or
(a) Airline's alleged iailure to comply w�ith any En�+ironmental �aws at
(b) any Release or Discharge arising out of th� past or present opera-
iions at or use qfihe Airpor� by AirIine or Airline Entities.
11.2.4 Airline sl�all make available, within ten (1Q) days of Airline's receipt af
the City's writt�n request, the non-privileged documents that AirIine has submitted to any govern-
�nental agency pertaining to the environrnental compliance status of AirIine's operations at or use
of the Airpart, including without limita.tion any and all non-privileged records, pernnits, test results,
sazziple resuIts, written or electronic documentaiion, studies, or oiher documentation r�garding en-
vironmental conciitions or reIating to ihe presence, use, storage, disposal, or treatment of any Haz-
ardous Material or Solid Waste at the Airport by Airline or Airline Entities.
I I.3 Response and Compliance Actions.
1 I.3.1 W�thout limiting the indemnity obligations of Section 11.7, if during the
term of this Agreement Airline or an Airline Entity is the sole cause of a Releasa, Disck►arge, or
spiIl of a Hazaz�dous Material (including, but not limited to those which cc�ntaminat� ar pollute any
surfac� water, groUnd waier, infrastructure, or conveyanc� systenn), as is rea�onably determined
by the City pursuant io Environmental Laws, at any portion a�ihe Airport, in eonnection with their
operations at the Airpart, Airline shall:
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{a} oralIy notify the City and tkte Airport Operatar of such Release, Dis-
charge, oz• spill,
(b) report such Ite.lease, Dischar�;e, or spill to appropriate governmental
agencies in accorda�ce with applieable EnviranmentaI Laws, including bui not limited to 30 Tx.
Admin. Code § 327.3, as it may be amended fram titxze to tirne;
(c) irnmediately ahate and respond to the Release, Discharge, or spill of
a Hazardous Material, as required by applicable Environmental Laws, including but not limited to
30 Tx. Adm.in. Code § 327.5, as it may be amended from tima to time;
{d} take all further actions necessary or required under Environmental
Laws to mi�igate any imminent threat to human healih ar the enviranrnent; and
(e} undertake any further repairs, rernediatian, or correc�ive actions as
are required by Environtnen�al Laws or a governmental agency wiih jurisdietion, to remediate any
such Release, Discharge or spill of a Hazardous Material, and any resulting pollution ar contami-
nation.
1 l.3.2 Without limiting the indemnity obligations of Section 11.7, if, as is rea-
sonably determined by the City, Airline or an Airline Entaty is the sale cause of a Release, Dis-
charge or spill of a HazardoUs Maferial at the Airport, or one of rz�ultSple caniri6utors to a ReIease,
Diseharge or spilI of a Hazardous Materia� within the Auport, Airline sha11 be re�ponsible for
ensuring that the notification, reporting, abatement, rem.ediatzon, and other actions required by
11.4.1 are accorr�pIished. .A.t the fime the City makes a determination pursuant to subsection 11.4.2,
�he City shall provide Airline with all non-privileged records, permits, test results, sarnple results,
written or electranic documentation, studies or other documentation used to support its determina-
fiion. Nothing in thi� Agreem�nt shall prevent AirIine frozx�. seeking �o recover its costs fram po-
tenti�.11y responsible parties.
11.3.3 If the City cannot determine with reasonable eFfort that Airline is a cause
of or has contributed to a Release, Discharge, or spill at ar from the Airport, Airline shall not be
responsible for any obligation t� report, investigate or remediate it. If the City cannot identify with
reasonable effort any of the parties ��ntributing to or responsible for a Release or Discharge, or
spill at or from th� Airport, the City shall be responsible foz' any obligatiQn to report, contaiti,
investigate, or remediate such contaminatian, Release, or Discharge, or spill.
113.4 If, as is reasonably deiermined by the City, Airline:
(a) does nat diligently take imrnediate and all otl�er actions required by
applicable Environmentai Laws, including but not limited to 30 Tx. Admin, Code § 327, in re-
sponse ta a R�lease, Discharge ar spill far which it is responsible under Section 11.4, vvithin the
time(s) prescribed by such Enviranmental Law(s); or
(b} does not per�orm or complete all necessary repairs, corrective ac-
tions or remediatian for vvhich it �s responsible under Section 11.4 within the time(s) prescribed
by applicable Environmental Laws, o�r within f,�e time reasonably necessary to enable the City to
meet its obligations under Environmenial Laws (subject io the condition that the City must first
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provide reasonable ad�vance written notice to Airline of such abligations, �xcspt in emergency
circumstances in which sucl� advance notic� is not possible), then the City, in addition to its rights
and remedies described e�sewhere in this Agreexnent, �nay, at its election, upan reasonable written
notice, enter the affectec� area, and take whatever action the City raasonably deezxis necessary to
proiect the publie health and safety and the environment, or to enable the City to meet its obliga--
tions under En�irantnenial Laws, within th� tirne required under such En�i�on�-nental Laws, at
AirIine's axpense, although nothing herein shall prejudice fihe right of Airline tQ contest �11e City's
determ.inations inade under this Seetion 11.4.4.
11.4 Correction of Environnnental Non-compliance.
I l.4.1 If'the operations or activities at or use of the Airport by A�rline or Airline
Entities are in alleged nan-compliance with any applicable Envitonmental Law (as is reasonably
deterinined by the City or as is determined by any governmental agency with enforcement authar-
ity regarding such alleged non-compliance} oc Airport Rules and Regulations, or result in contam-
ination or poIlution at ar under the Airport, and prnvided that the siivation or co.ndition in yuestian
does not, as determined f�y the City in its reasonable discretion, require irnmediate action pursuant
to applicable Environmental Lav4rs and �eciion I 1.4.4, the City agrees to notify Airlir�e in writing
oifihe alleged noncompliance or contartiination or pollutioz� and shall require A.iriine to take action
to address such non-compliance wiihin thirty (30) days of Airline's receipi of notice, unless com-
pliance is required sooner by a governrzientaI agency or applicable Environinental Law. Within
that thirty {30) day period, or such sharter periad as is req�ired by applicable Enviranmenfial Law
or gavernrnental ag�ney, Airjine shall have #he oppo�Lunity to take what�ver action is neeessary or
required by Environmental Laws, to correct such noncompliance, ensure that it is corrected, or
pro�ide the City a binding commitment to do so within a reasonable iime. Airline s�all also have
the right during that thirty (30} day period to challenge any City detenmination af non-compliance.
Airline's obligations to the Gity under this Section may be deferred, upon mutual consent of the
parties, until a final resolution of or ruling on such challenge has been issued. Should Airline pre-
vail in such a challenge, Airline shall have na further ob�igation �ander this Section with respect to
ihat pa�rticular alleged non-compIiance.
11.4.2 If Airline daes not take such corrective action, challenge the City's de-
termination af non-ca�npliance, or provide a binding cornrnitment to address the non-compliance
within the thirty (30) day period referenced in Section 11.5.1, ihe City or its authorized contraciors
and consultants may, at the City's optian, enter any part of the Airpart and take such measures as
the City rr�ay reasonably deem necessary to correct the alleged non-compliance and to investigate
and retiaediate any reIated contamination, alI at Airline's expense. All reasonable and documented
costs associated with any action by the City ar its coniractors or cansUltants in connection with
this �ection, including but not limited ta reasonable attorneys' fees and expenses, and Airport staff
time and expenses, shall be subject to the reimbursement and indemni�cation requirements of tlais
Axticle.
(a) Nothing in this Section is int�nci�d or shall be constru�ci so as to
prevent the City or Airline fram exercising, in their reasonable discretion, any rights granted or
avaiiable elsewhere in this Article, in this Agreement, ar by law.
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11.5 Corrective Action Process.
11.5.1 Before coinmencing �.ny investigatio�, re�nediation, or correcti�e action
at the Airp�rt under this Agreement, and except for any immediate abatemen� action required under
Section � l.4, Airlina shall pravide the related proposed plans for such investigation, remeciiation
or corrective action to the City for approval, which shall not be unreasor�ably withheld. The work
shall be perfnrmed at Airline's expense, and the City shall have the right to review and inspect all
such work at any time using consultants and repz�esentatzves of the City's choice, �t the City's
��pense. Speci�'ic cleanup levels for any enviromnental reinediati.on work shall cotnply wiih ap-
plicable Enviranmental Laws, Airline shaIl, at Airline's own cost and expensa, have all tests per-
fprmed, and reports and studies prepared, and shall provide sueh informatiorn to any gavernmental
agency as r�aay be required by Environmental Laws, with a copy to the City. This obIigation in-
cludes bur is not limited to any requirements for a site characterization, site assessment,. Affec�ted
E'roperty Assessment Report, and rernedial action plan that may be necessary. In the event deed
r�cordation by the City is necessary, AirIine shall reimb�rse the City for all deed recardatian fees
at�d reasanable attorneys' fees incurred in connection with such recordation.
11.5.2 Any remedial or other activity undertaken by �iirline under this Article
shall not be canstrued to impair Airline's righfis, iiany, to seek canhibutidn or inde.mniiy from any
person.
11.5.3 Airline may not seelc a Municipal Setting Designation for any ground-
water underlying the Airport without obtaining the City°s written approval in advance.
1 I.6 Environrnental Indemnifieation and Reimbursement.
11.6.1 Notwithstanding any other provision to tl�e contrary, and with.out limit-
ing any other indemn.ity in this Agreement, Airline agrees to indemnify, defend, and hoId harmless
tl�e City, its past, present or future directors, officers, members, agents and employees, the City's
counciI, council meix►bers, agents, and e�nplayees and the Airport Operator ("Environmental In-
demnitees"), from anc� against any and alI claims, demands, penalties, fines, suits, actiozas, admin-
isirative proceedings (inclu�.ing formal and informal enforcement), government orders, judgments,
loss, darnages, liabiIiti�s, costs, and expenses (including but noi limited io reasonable and docu-
rnented attorneys' and consultants' fees and expenses, litigation casts, exper� witness fees, and ex-
penses of investigation, r�mo�a1, remediation, or other required plan, report, or response actiar�)
when incurred and whether �ncurred in defense af actual litigation ar in reasonab�e anficipation of
litigation to the ext�nt resulting from:
(a} tk�e breach by Airline of any representation or warranty made in this
Ariic�e; or
(b} the failure of Airline to meet its obligaiions Under this Ar�icle in a
fu�l and timeIy manner, whether causeci by Airline or any third pa�•ty under Airline's directian or
control; or
{c) documented Inss by any En�ironmental Indemnitee(s) from any En-
�irantnental Innpact Claim, to the extent caused by the operations, activities, action or inaction of
Airline or Airline Entities, at the Airport during the term of this Agreerrzent.
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11.6.2 In the event the City undertakes any action, incIuding but not Iimited to
response or cot'rect�ve action, repairs, or remediation, in the exercise of its z'ights with respect to
Airline under tihis Article, Airline shall reimburse the City, upon reasonable written notice by the
City, for all reasonable and documented costs that the City incurs in association wiih such action,
including but not limited to consultants' fees, eantractors` fees, reasonable attorneys' fees and ex-
penses, and expenses af investigation, repair, response or correciive action and re�nediation.
11.6.3 Not�ithstanding any other provision to the cpntrary, anci to the extent
permitted b.y lat�v, tYte City agrees to indemnify and hold harmless Airline and its directors, afficers,
agents and employees from and against at�y and al� claims, demands, penaltias, fines, suits, aetians,
administraiive pz�oceedings (including infor��nal proceedings), government orders, judgments, loss,
damages,liabilities, costs, a�nd expense� {including but nat lirnited to reasonable and docutr�ented
attorneys' and consultants' fees and expenses, litigation costs, expert witness fees, and expenses c�f
inv�stigation, removal, remediation, or ather required plan or response action) to the extent result-
ing from (i) failure af the City to meet its abligations unde� this Article, or (ii) the docurnented
loss by Airline, its directors, off cers, agents or employees to a third party or gavernmental entity
from any Environmental Impact Claim, to the extent resulting from the opecatians, activities, ac-
tions ar inaction afthe City or any other party under the City's direction and control.
11.6.4 Regardiess of the date nf termination of this Agreezz�:ent, the inderr�nify-
ing party's representat'rons, obligations and liabiIities under this Article shall continue as long as
the indemnified party krears any iiabijity ar responsibility under tfsis Article or the Enviranmental
Laws.
11.7 Liitnitations.
Airline's obligations under this Article shall not apply to:
11.7.1 Contamination that e�isted at the Airporf: prior to AirIine's initial occu-
pancy or operaiions at such area(s) of coniazx�in.atio� at the Airport, providad that naither Airline
nor any other party un.cier Airline`s directian or contro�, or conducting operations or activities on
its behalf, subsequantiy contributed to such contaminatian; or
1 i.7.2 Releases thafi migrate onfo, inta, or from tha Aitport and that were not
caused by Airline ar third parries under Airline's direction or control or conduciing operations or
activities on its behalf; or
11.7.3 Releasas ar Discharges on, at, or fram the Airport nat caused by Airline
or Airline Entities; or
11.7.4 Releases, Dischar�es, or contazr�ination to the extent caused by grass
negligence or wilIful misca�.duct by the City, its agents or employees or any other party under the
City's direction or contral.
II.S Waiver.
Any waiver ot� any provision of this Article, or any delay by t�e City in the enf�rcement of
any right hereunder, shal] neither be construed as a continuing waiver, nor create an expectatian
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of non-�nfarcerrient o� that or any ather provision or right. In ord�r to be effecti�e, any waivez• of
any right, ben.e�t, oc power hereur�der znust be in writing and signed by an autharized
representative of the City, it being intanded thati no wai�er shall be implied by the City's conduct
ar failure to act. Any specific written waiver shall be applicable only to the particular facts and
circumstances thereby addressed and shall not be of any effect wiih respect to fut�re events, eve�
if any of said futuze e�ents i��olve subs�antially similar ci�cumstances. Any remedies pravided �or
in this Article shall be cuinulative and in addition to, and not in lieu of, any otherremedies available
to City at law, in equity, or atherwise.
11.9 Survival of Environmental Provisions.
Unless specif cally stated elsewherc herein, the provisions of this Article, including the
representations, warranties, co�enants and indemnities ofAirline, are intended to and shall survive
termination of this Agree�a�ent.
11.1Q Resource Conservation and Recycling.
The City reserves the rignt to institute suc� policies, prograna.s and nr�easures as may be
necessary or des�rable, in �he City's reasonable discretion, fvr the conservation or preservation of
energy, energy related services, water, and other naturaI resources oc as rnay be required to comply
with any a.pplicable codes, rUl�s and regulations, whether mandatory or voluntary. Airline shall
compiy with all f�;deraI, state, and Eocal laws, �•ules, cegulations, and ordinances and rules and
regulations pertairung to recycling and energy conservation and management. Airline and the City
shalj use good faith efForts to abide by an.d fially cooperate with each ather in aiI aspects of such
policies and pragrams, and nothing in this Section will adversely affect Airline's or the City's
rights under this Agreement.
Article 12 ASSIGNMENT
Airline shall not, directly or indirectly, assign, selI, h.ypothecate ar a#�ervvise transfer tl�is
Agreement, without the prior written consent of the City, such consent noi: to be unreasonably
rvithheld. The foregoing shall not prevent the assignment of this Agreement or any porti�n thereoi
to any corparation with which Airline may marge or consolidate; provided however, such
successor eorpa�ation within a reasonable period of tirzxe sh.all provide written acl�nowledgement
by a duly authorized carporat� nfficer to the City that it has assumed alI obligations of Airline ar�d
will fully honor all terms and conditior►s set forth in this Agreerx�ent.
Article 13 MISCELLANEOUS PROVISIQNS
13.1 Nature of Agreement.
This Agreem�nt shall not be construed to be a Iease of any �irport prnperty nor create a
Iandlord-tenant reiationship between the City and Airline.
13.2 Gaveroing Law and Venue.
This Agreement has been enterred znto and shaIl be governed by, construed and interpreted
in accardance with #he laws of the State nf Texas. Venue of any action brncrght under this
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Agree�nent shall be vested in the state courts of Texas in the County of Tarrant or if federal
jtarisdiciion is app�opriate, in the United States Dishict Courl in the Norlhern District oiTexas.
13.3 Entire Understandiu�g.
This Agreement confiains the entire and only understanding and agreement of the City and
AirIine, wh�ieh. by accepting ihis Agreennent, acknowledge il�al there is no other written or oral
t�nderstanding or agreement between them with respect to the subject ir�atter of this Agreement
and that this Agreement supexsedes all prior negotiat�ons, discussions, obligaiions and rights af
th� City and Airline. No waiver, madification,. amendment or alteration af this Agreement shall
be valid unless it is expressed in writing and signed by authorized representatives of Airli�le and
tha City. Airline and the City acknowledge that no other party, nar any agent ar attorney of any
other party, k�as xnade any promise, representaiion, waiver or warranty whatsoever, expressed or
impIi.�d, which is not e�pressly contained in writing in this Agxeeinent and further acknowledge
that this Agreert�ent was not executed in reliance upon an� coLlateral promise, representaiion,
waiver ar warranty, or in reliance upor� any 6�1iei as to any fact r�ot expressIy recited in this
�#green�ent.
13.4 Amendments.
E�cept as otherwise expressly provided herein, the provisions of this Agreement may be
amended pnly by a written agreement si.gned by the City ancl Airline.
13.5 Cumulative Rights.
Each right ofthe City and Airline is cumulative ar�d is in addztion ta every other legaI right
that the party may ha�e in the event of any default by the ather.
13.6 Construction to 5ave Agre�ment.
If any term, navenant, condition, nr provision of this Agreement is held by a court of
competent jurisdietion to be invalid, vaid, or unenforceable, the rennainder of the provi�ions hereof
shall remain in full forc� and �f�eet and in nn way affected, impaired, or invalidated thereby. Ifi is
the intention af the parties hereto tha� i� any pro�ision of this Agreement is capable of two
constructions, one of which would render tl�e provision void and the other of which �ould render
the pravision valid, then �he pravisian shall have the meaning which zenders it valid.
13.7 No Waiver.
No waiver of default of any af the terms, covenants and conditions of this Agreement to be
performed, k�pt and observed by the ather party shall be construed or operate as a waiver of any
subsequent default af any of tlae terms, covenants or conditians of this Ag�reernent to be performed,
kept and observed by the other party. No failure on the part of either party to require or exact full
and complete compliance by the other party with any of the co�enants, conditions, or agreements
of this Agreernent be construed in any �nanner as a cl�ange in or to the terrns of this Agr�em�nt or
prevent the el�farcement in full of any provisions.
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13.8 Relationship of Parties.
Nothing in this Agreerr�ent shali be deemed or cnnstru�d by the City or Airline, or by any
third pariy, as creating the relationship o�principal ar�d agent, par�ners, jaint venturers, or any ather
similar such relationship between the City and Airline.
139 No Third-Party Beneixciaries.
There are na third-party benefciaries to this �►greemeni other than as speci�cally and
expressly provided in this Agreement,
I3.I0 Successors and Assigns.
AIl of the terms, provisions, covenants, stipulations, conditions and considerations in this
Agreernent shall axtend to and bind the legal r�pres�ntatives, successors, and assigns of each party
fo this Agreement.
13.11 Labor Disputes.
AirIine agrees to use commercially reasonable efforts to a�void disruption to the City, its
tenants or members o�'the pubIic arising from labar disputes involving Airline, and �n the evenfi oi
a strike, picketing, demonstration or other labor dif�culty involving Airline, ta use its good offices,
including the utilization of available Iega1 remedies, to rninimize or eliminate any disruption to the
City, its tenants or memi�ers of the public, arising from such strik�, picketing, demonstration or
nther labor dif�culty.
13.12 Force Majeure.
It' either party is delayed or hindered in or prevented from the perfo.rrnance of any aet
required under this Agreernent by reason of strikes, Iockouts, labar disput�s, inability to procure
labor ar materials, failure oi power, riots, insurrection, terrorism, war, fire ar other casualty, or
other reason of a sirnilar nature beyond the reasonable con�rol of the party delayed in performing
�vork or doing acts reguired under f11is Agreement, periarmance of such act shall be excused for
the period of the actual delay attributable to such causes, and the period i'or the performance of
any such act sl�all b.e extended far a period equivalent to the period of such delay {any such delay
is herein referred to as an "LTnavoidable Delay"). This Section shall not be applicable to Airline's
obligatior�s to procure insurance or to pay Landing Fees and other fees and eharges due under this
Agreement. If any provision of`this Agreement negates or limits the period of any farce majeure
or Unavoidable Delay extension, such provision shall override this Section 13.12. Airline shail
gi�e the City notice of any iJnauoidable Delay within a reasonable time (not to exceed one (1)
�ear) follovving the occurrence of th� delaying ever�t.
13.13 No Personal Liability.
No director, off cer, agent, employae, or elected nfficial af either party shall be charged
personalIy or contractuall}� liable by or to the oth.er party under any ierm or provision of this
Agreement, or because nf any breach of this Elgreerr�ent, or becaus� of th�ir execution or attempted
executio� of this Agreen:-►ent.
-35-
Execution Copy
13.14 Acceptance of Payments.
The subsequent acceptance of paymenis hereunder by the City f'rom Airline s1�a11 nnt be
deemed to be a r�vaiver o� any prec�ding breach by Airline of any term, c�venant, ar candition of
this Agreement, other than the failure of Airline to pay the particular fees or rent so aecepted,
regardless of the City's knowledge o� such preceding breach at the time of acceptance af such
landing fees and/or rent.
13.15 Attorneys' Fees.
13.15.1 If the City shall, without any fault, ba made a party to any Iitigation
cornmenced by or against Airline arising out of Airline's use or enjoyment of Airport or the
Prem.ises a�d as a result of which Airline is finally adjudicated ta be 1iable, then Airline shall pay
all costs and reasonable aitorneys' fees incurred by or imposed upon the City in connectiorl with
such litigation.
13.15.2 In any acfiion by the City or Airline againsf the ather for recove�y of any
sum due under this Agreement, or to enforc� an� of the terms, covenants or conditions contained
herein, the prevailing parly shall he entitled to reasonable attorneys' fees in addition to eosts and
necessary disbursements incurred in such action. Each p�r�y shall give prompt notice ta the other
of any claim or suit instituted against it that may affect the other party,
13.16 Taxes.
13.15.1 This Agreerr�ent may result in or create a taxable possessory interes.t and
be subject to the payment of property taxes. Notvvithstanding the €oregaing, as of the date of
execution af this Agreement, na such ta�es, as provided in this Section 13.16, are applicable.
13.16.2 If applicable, AirIine shall be Iiabl� for, and shall pay throughout fihe
Term, aIl prape�ty taxes payable for, or an aceount oi: (a) the aetivities canducted by Airline on
the Airpart; a�d (b) all taxes, if any, on the personal praper�y of Airline on or at the Airport.
13.16..3 If applicable, Airline shali reimburse tne City far all such taxes paid or
payable by the City, identi�ed in section 13.16.l and 13.16.2 abave. AIl tax arnounts for which
tY�e City is oc r�vill be entitled to reinnbursement, as pro�ided for in this Section 13.16, from Airline
shall be payable by Airline to ihe Ci�y at least fifteen (15) days prior to t11e due dates of the
respective tax atxzounts involved; provided that A.iriine shall be entitIed to a rninimurn of ten {10)
days' written notice ofthe amaunts payable by Airline.
13.16.4 Airline may contest, in its owr� name or the name of the City, the �validity
or amount of any tax it shall be required to pay, undar this Section 13.16, to a taxing entity;
provided, however, that Airline shall defend, indernnify and hold the City harmless from all
liability and ex�ense arising fro�n such contest, which obligations shall sui�vive expiratinn or earlier
termination of this Agreement and shall pravide security satisfactory ta the City foz its
performance of such inde�nni�cation obligation.
-36-
Executinn Copy
13.17 Memorandum of Lease.
In the event that tl�e City so requests, Airline shall execute, attest, acknowledge, and deliver
for recording a short form Memorandum of Lease of this Agreerr�.ent.
13.18 Approval or Consent.
Whenever consent ar appraval is required k�erein by either party to the ather, such cor�sent
or approval shall not be unreasonably withheld, condit�oned, ar delayed.
13.19 Tirne of th� Essence.
Time is of tiie essenc� of this Agreement and of each and all af its terms, candifiar�s,
covenants and provisians.
13.20 Natices.
All notices and payments under this Agreement may ba delivered ar mailed. Ii delivered
by messenger or courier (including overnight air cQur�er), they shall be deemed deIivered when
cecei�ed at the Street Addresses listed in Section 1.1. If mailed or sent via overnight coutier, they
shall be sent to the Overnight Delivery and Street Address pravided in AirticIe 1 ar to such other
respective addresses as either party may frorn time ta time designate to the ather party in �riting.
All notices and payments mailed by regular mail (including first class) shall be deerned to have
beez� giv�n on the fifih husiness day following the daie of mailing, if properjy mailed and
addressed. Notices and payments sent by certified or registered mail shall be deezx�ed to have been
given on the third business day following the c�ate of �nailing, if properly mailed and address�d.
For all types of rnail, the postmark affixed by the United �tates 1'ostal Servic.e shall be con.cIusive
e�ide�ce ofthe date af mailing. Notices deIivered via courier ar overnight couri�r shall be deemed
to have been given upon anivaI. Notices under t.�is Agreement are sufficient if �ade �ia ernail
provided such email notice has been sent to an em.ployee o� the recipieni Party ha�ing knowledge
of the matter contained in the notic� and is conspicuous�y identified as a notice under thzs
Agreement, and shall be deemed to have been given on the day the email is sent.
I3.2I Counterparts.
This Agreement may he executed simultaneously in counterparts, each oi which shall be
deerned to be an originaI copy oithis Agreement and, when taken together, shall be deerned to be
one and the s.ame Agreement.
I3.22 Capacity to Execute.
Airline shall submit a copy of any corpnrate resaIution, if requested by City, which
authorizes any director or officer ta act on behalf of Airlir�e or which authorizes Airline to enter
into this Agreement.
_3�_
Execution Copy
I 3.23 Incor�oration of Exhibits.
All ex.hibits and attachrnenis referred ta in this Agreeinent are intended to be and are hereby
speci�caIly made a part oithis Agreemeni.
13.24 Titles.
Paragraph fiitles are ir�serted only as a rnatter of convenienc� and far� referenne, and in nn
way define, lirnit oi• describe the scope or extent oFany pravision of this Agreennent.
13.25 Other Agreements.
Other than as set forth herein, notI�ing contained in this A.greement shalI be deerned or
construed to nullify, restriat or modify in any manner the provisions af any ather lease or contract
between City �nd Airline a�athorizing the use of Yhe Airport, its £acilities and appurtenan.ces.
l 3.26 Agreement Not to Grant More Favarable Terms.
During th� Term, the City agrees not to enter into arzy Iease, contract or other agreement
with azay ather air carrier conducting operaiions at the Airpart that contains rates, charges ar terms
mare favorable to such air carrier than ihe rates, charges ar ternns Airline has agreed to under this
Agree�nent, unless the Authority aiso rnakes those mar� fa�orable rates, charges or terrns available
to Airline. The provisions of this Section 13.26 shall in no way liznit, impair or interfere witl� the
City's a�aility to charge or establish such rates and charges as the City may deem applicable when
entering inio any lease, contract or ofiher agreement with any party that is not an air carrier.
13.27 Agent far Service.
It is expressl� understood and agreed that if Airline is not a resident of the State of Texas,
ar is an association or patrtnnership without a memb�r or partner resident of said state, or is a foreign
carporation nn� licensed to do business in Texas, then in any such euent, AirIine shall appaint an
agent for the purpose of service of process in any caurt aciion between it an� City arising aut of
or 6ased upon this Agreement. Airline shall immediately notify City, in writing, of the name and
address of said agent. �uch ser�ice shall be rnade as provided by the Iawvs of the State of Texas
fbr service upan a non-resident engaging in business in the State. It is further expressly agreed,
covenanted and stipulated that, if for an� reason, sUch service pf pracess is nat passible, as a�n.
alternative inethod of service of pracess; Airline may be persanaIly served out of the State of Texas
by the registered mailing of such service at the address set forth in Section 1.I .
�Remainder of Page Inteniianally Left Blank�
_3 g_
Execution Copy
CITY nF FORT WORTH:
By: _ j �� �.� -
Name: Fernanda Costa
Tiile: Assistant Ci . �ana�
STATE OF TEXAS §
§
COUNTY OF Tarrax�t§
BEFORE ME, the undersigned autharity, a Natary Publie in an.d for the State of Texas, on
this day personally appearecl Fernando Costa, I�n.ovsm tn me to be the person whose name is
subscribed to the foregoing instrurnent, and acknowledged to me that the sama was ihe act of tk�e
City a� Fort Worth and that he executied the same as the act af ihe City of Fort Worth for the
purposes and consideration �herein expxessed and in the capacity therein. stated.
GIVEN t_]NDER MY HAND AND SEAL OF OFFICE this � day of�; 2021
'�ou� . -.-x$s
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APPROVED A�TO FORM AND LEGALITY:
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By: . � _ - -
Natne: �omas Royce H sen
Title: Assistan� Cit Mana er
ATTEST:
By: � � ��
Name: l��
Title: City Secrel:ar�
/
Notary Public in an.d for the Stat� o� Texas
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C�NTRACT CaMPLiANCE MANAGER:
By signing I acknowledge that T am the person xespansible far ihe monitoring arxd adminis�ration
of ihis contract, inclu� uring all performance and reporting requirenlents.
� B_ _ � r � .�,� � � - - �- I
I , �. . . - i�l R�F �
�ia.me: aara Goodw __ --
Tztle: Rea Propert.�ana� � �EC�� - l
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� Execulir��r Cnny
SILVER AIRWAYS L
By:
Name: �tP��n A Rossum ,�
Titic: Chief Executive O�cer
STATE OF �lorida �
�
COUNTY OF �
BEFORE ME, thc undersigned authority, a Notary Public in and far thc State of
Florid� , on t.his day }�ersonally appcarEd �tavars A Rnc��iri� , known to me to be
the pers�n whose namc is subscribed to thc farcgoing instrumcnt, and acknowlEdgcd to mc that
the same was thc act of S�1ver Airways LLC and that she/he executcd the same as the act of Si�ver
Airways LLC f'or the purposes and considcration therein cx�resscd and in th� capacity thcrein
stated.
GIVEN UNDER MY I-IAND AND S�AL OF OFF�CE this 21 day of Se t�mber ,
2021,
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ALIJANC� • A3EACHAM + SPUrt�S
Cit� of Fart Worth A�iation D�epartment
.��'k'ia _:�.��.pJnufFaxiAem:R.z�vrr.—. a.,._,.a':.�_...-�t^...�yr..i
201 American Concou�se, Ste 330
Fort Worth TX,76906
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FORT �ORTH
AVIl�'I'IOIV
TABLE O� CONi�iVTS
'[. D��I�IIiI�IVS AAiCJ ACROi�YfI�S :..................................................................................'I
2. INTRODUCT1Df� .............................................................................................................4
A. Purpose .................................................................................................................4
B. Regulat'ions ........................ .. ...., .,.. 4
................ .............. ..., ......................................
C. �ffective Date .......................................................................................................4
D. Self Service..........._. .............................................................................................. 5
�'. Applicabilify .......................................................................................................... �
F. Variance ................................................................................................................ 5
3. GEN�RA� R�C�l11R���IVYS ..............................................................................,..........�
A. Introducfion .......................................................................................................... 7
�. �eased Prernises ................e............................................................,.,.......,..........'�
C. Facilrfyfl/lain#enance ...........................................................,.............,..................7'
D. Producfs, Services, and �'acili#fes ......................................................................8
E. �icenses, Per�aits, Certifications, and Ratings ........................._..........,..,......... 8
� Lmployees ............................................................................................................ 8
G. �quipment and Vehic[es ......................................................................................8
HHours of Acfivify .................................................................................................. 9
1. Security .................................................................................................................9
J. lnsurance ...............................P.....................................---...................................... 9
K lndemnification and �old f�armless ................................................................. 99
L. �n�'arcemenf .......................................................................................................79
f�. �eased Premises 1V�ultiple Activities ................................................................1�
4. �IX�� �AS� OP�RAiOR (F�O) ................................................................................'13
A. Introduction .......................................................................................e....,...........13
�. 5cape of Activify ...................
............................................................................. �3
C. �eased Premises ................................................................................................ 7�
D. �uel Storage and Equipmenf...........e ................................................................. 94
�. Fuelrng Reports ..................................................................................................75
� Ground Support and Service Equipment� ......................................................... 95
G. bours ofAc#ivity ................................................................................................96
H. �mplayees .......................................................................................................... 96
1. Aircraft Removal ................................................................................................ 96
5, AIRCRA�i II�A1Ni�NE4iVC� OP�RAT'OR (SASO} ......................................................17
A. Introduc�ron ........................................................................................................ 9 �
B, Leased Premises ................................................................................................17
C. �mployees ...............................................<,......_..................................................1 �
6. AV[ONICS OR iNSTRUIVIENT MAIfVTENANCE OP�RAi�R �S�SO) ........................1�
�. Introduction ........................................................................................................ 98
B. �eased Premises ................................................................................................ 9�
C. Licenses and Certifications ............................................................................... ? S
D. Employees ......................................................................................_................... 78
�. �quipment .......................... ..... ., 98
,�,s::���L-�-.�..,� m.,-Y�,�.,�-�.�ti� -,..-,�,, « . ..3� n��-�-��.� :.�,.r-:---��.�r . �.�._ T.T
A�iation Minimum Standards .-,•�-T��.. �-._� _.�.. �,�� __ __w I
City af Fart Warth A�iation De�arfinent {2017)
�ORT �ORTH
AYIATiON
�'ABL� OF CONTENYS
�.-::��,�:::,�._ ��_-..��.��—_—.�,�,_.-����.��_�� :_�:.�-- —�.:.�..�--�--r: �a�ti—�,,.��,� _A���,.. ��,:--_. ��s� ...,.� �—�,._,
�.�_
�. AIRGRA�T R�NiAL �R F LIGHT iRA1NlNG OPFRATO�t {SASO) ...........................19
A. Introductian ........................................................................................................ 99
B. �eased �remises ................................................................................................ 79
C. Employees .......................................................................................................... �9
D. �quipmenf ........................................................................................................... �0
E. �lours of Activity ................................................................................................20
F Insurance Disclosure Requireme�nt .................................................................. aQ
8. �►1RCRA�T CHARTER OR AIRCRA►FT MA[�AGEMEN� OP�RATOR �5p,50) ..,...,...21
A. Introducfion ..................................................�..................................................... �7
�. Leased Premises ............................................................._.................................. 21
C. Licenses and Certificafions ............................................................................... �9
D. €mployees .......................................................................................................... 27
�. �quipment ...........................................................................................................21
F. f�ours ofActivify,e ..............................................................................................2�
9. AlRCR/��i SAL�S OP�RAiOR {5AS0) ....................................................................22
A. Introduction .................................................................�...v.................................. ��
�. Leased Premrses .......................................................................................,........ 22
C. Dealership............_. .............................................................................................2,2
�, ticense�s and Certifications ............................................................................... ��
E. �lours of Activify ................................................................................................ 22
10. AIRCRA�� SiORAG� OP�RAi�R (SASO) .............................................................23
A. Introduction .................................................................................................._..... 23
B. Leased Premises ................................................................................................23
C. Hours of Ac#ivrfy ................................................................................................ 23
� 1. AVIATI�N S�RVtC� SOLFc PROPRIETOR ...............................:.........,.......................24
A. lnfraduction ........................................................................................................ �4
B. Leased Premises ..................................................................................,............. 24
C. �mployees .......................................................................................................... �4
D. Equipment ...........................................................................................................24
�. Haurs of.4cfivity ................................................................................................ �5
FInsurance Dlselosure .........................................................................................2�'
12. O�H�R COiViI1��RClA� �►�ROi�AUiICAL ACiIVITI�S (S�►SA) ................................26
A. Introductian ........................................................................................................ 2B
�. Leas�d Premises ................................................................................................ �B
C. �mployees ..:....................................................e....,.........................,.,................, 26
B, gquipment ........................................................................................................... �&
�. I�ours vf Activify ................................................................................................ 26
13, S�l.e� �U�L,INC ............................................................................................................�7
A. Introduction ........................................................................................................ 2�
�. �ermif/Approval .................................................................................................�7
C. �ueling �'epo�-ts ..................................................................................................2�
._.—z�� ,�.s_ �-- �� — �,�� �_�,�-_ �x�., ��. -��...,.H: -�.�:�-����.�.��� �- �,...._.�.,�.
Aviation Minimum Standards �� -��� N��� -��T� -�`-� ii
Cityof Fnrt Worth Aviation bepartment (20�7}
FURT WORTH
�v��on
����.� o� Co�����rs
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:�.._v_.
D. Fuel Storage and E'quipment ............................................................................ 2x
E. Compliance wi#h Environmental taws ............................................................. �9
r�. Remediation and lnsurance Requiremenis ...................................................... 29
G. Personnel .........................................,......................................,........................... �9
M. Permif Revoca�iota ..............................................................................................29
.�� _�-,�:u� �—�---�. ��- ��,�« ,,.,.„� ., �:_:: �,�-_�r,..���� �:����,����.��„�,,��� >,s,.� �-�,
Aviation Minimum 5tandards iii
Ci#y of �art Worfh A�iation Depa�ment (2017)
FORT �ORTH
AVIA�'I'ION
���INITIOfVS
�EFINIT'IOPIS AND ACR�NYflIIS:
For purposes of the Avia�ion Minimum Standards, the fallowing wards, phrase� and
acronyms shall have the meanings respectively ascribed to them in this s�ction:
AC - Advisory Circular
Aeronaufical Ac�ivity -- Any activity or service that involves, makes possible,
facilitafes, is related to, ass9sts in, or is required for fhe operation of Aircraft; any
activity that contributes t�, or is required for the safety of such operations; any activity
that has a direct relationship to th� aperation af Aircraft or the operatian of the airport.
A�W - Fort Wnrih Alliance Airport
Agreement - A written contract enforceable by law, executed �y both
between the City and an Entity t�ansferring rights or interest in lar�c
�mpravements andlor otherwise auihorizing fhe conduct of certain activities.
Aircraft - Any weight-carrying structure for navigation in the air and tha
suppo�t by the dynamic react�on of the air to any abstruction cannected
structure. Gliders or uftralights, either powered or unpowered, helicopters.
parties,
andlor
t obtains
with the
. hot air
baCloons, and airships will be cansidered Aircraft.
Aircraft Charter Dperator -- A Commerciaf Operator engaged in on-demand
common carriage for persons or prop�rty, as defined in 1�4 CFR Par� '13�, or op�rates
in private carriage, as defined in 14 CFR Part 125, on the Airport.
Aircra�t f�aintenance Operaior - An Operatar engaged in pro�iding Aircraft
maintenance, parts, accessaries, and related companents, as defined in '{4 CFR Part
43, #or Aircraft other than those awned, leas�d, andlor operated by the Operator on
the airport.
Aircraft f'�anagement O�erafior - An �perator engaged in the business ofi providing
Aircraft management including, but not limited to, flight dispatch, pilot services, flight
attendant services, ar Aircraft mainfienance coordination to the public on the airpark.
Aircraft Rental Operator - An Operator engaged in the rental of Aircraft to the
public at the airpart.
Aircraft Sales Operator - A� Operator engaged in the sale of Aircraft on the airport.
This exclud�s indi�iduals selling personally own�d Aircraft, unless the indi�idua[
purchases Aircraft for the primary purpose of resale.
Aircraft Sforage Operator - Ar� Operator that owns �r leases ar� Aircraft storage
faci�ity andlor associated office or sho� space on the airport and sells ar subleases
such space to enfifies engaging in commercial or non-commercial aeranautical
acti�ities,
�oirporf Roadway - Those
temporarily or permanently
ground leased �y o�hers.
portions of the airports d�signated and made a�ailable
by the Directar for �eY�icular traffic and not lacate� on
A�ionics or Insfirumenfi Mainfenance Op�rafior - A Commercial Operator engaged
in the business of maintenance or alteration of on� or more of fhe ifems described in
14 C�'R Part 43, Appendix A�i.�., Aircraft radios, electrical systems, or instruments)
fo� Aircraft o#her than those aw�ed, leased, andlor operated by the Operafior on the
airport.
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A�iation Minimum Standards �
City of Fort Worth Aviation Department (2097J
Fo�.T �aRTH
�,�a�nN
D�FINI`1'IOPlS
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Commercial �perator — An Entity that affers any product or service for which
compensation is recei�ed.
Cooperative Organization {Go�op) — Multiple entiti�s c�ming together far the
purpose of joint ownership in facilities, �quipment, andlor fuel in order to conduct
Aeronautical Activities at the Airport.
Direc�or - The Director of the Aviati�n Department is responsible for the
administration, operations, and mair�tenance for all city-owned and operated airports.
DHS - Department of Homeland Security
�ntity - An indi�idual, par�n�rship, iimited [iability company, corporation or other
business organization doing business or desiring to do business on o�e ar more city-
owned general aviatian airports.
�AA - Federal Aviation Administration
�Iigh� ira���ng Operator - Cammercial Operator engaged in pro�iding flight
insfiruction to the public at the airport.
�ixed �as� Operator (��O) - A Gommercial Operator enga�ed in t�e sale of
products, services and t}�e renting or suhleasing of facilities�
�WS — Fort Workh 5pinks Airport
FTVII — Fart Workh Meacham International Airport
Improvem�n�s - All buildirigs, structures, additions, and facilities including �a�emenf,
fencing, and landscaping constructed, installed, or placed on, under, or abo�e any
land on the airpart.
Infrastrucfure -.Runways, Taxiways, taxi lanes, aprons, helip�ds, landing pads,
parking pads, navaids, Airpork Roadways, utifities, etc.
L�ased Rremises - The Iand andlor Improvements us�d exclusively undar
Agre�men# by an Operator, lessee, or sublessee.
Limited /�ircraft Services and Support - Limited Aircraft, engine, or accessory
suppart such as c[eaning, washing, waxing, painting, upholsfiery, prapeller repair, etc.
or other related Aircraft s�rvices and sup�art acti�ities.
Miscellaneous Cnmmercial Seivices and Suppor� - Ground instruction, simu[ator
training, scheduling and dispatching, or any other relafed comm�rcial services and
support activities.
f1lGinimum �tandards - Those qualifications, standards, and criteria set forth as the
minimum requirements to be met as a condition for the right to engage in acti�ities at
city owned genera! a�iation air�arts.
NonnCommercial Hangar Lessee � An Entity t�at ow�s or leases an Aircraft storage
facility on the airport for the purpose of storing Aircraft owned, ieased, andlor
operated by the �ntity for non�commercial purposes only.
�lonoCommerc�al �essee - An Entity that owns ar leases an Aircraft and operates
the Aircraft for a pri�ate purpose. ln the cas� of a business, the operation of Aircraft
musi be an ancillary activity to support ihe �usiness's purpos� by providing �rivate
transportation far the exclusive use of its empioyees, agents, andlor customers. Cn al[
cases, the Non-Commercia� Lessee neither offers nor �ngages in commercial
aeronautica{ activities.
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Auiatian Minim�m 5tandards �
City of Fort Wnrth A�iaiian pepartment (2097}
FORT�ORTH
AVIATIOEV
pE�1M�{ON5
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Non�Profit Organization - An arganization that is legally formed as a not-for-profit
organization, as regisfered with the Internal Revenue Service under 501(c)�3) ar the
State ofi Texas Non-Profit Organization provisions. As a Not-For-profit Organization,
shauld an organization provide commercial aeronautical acti�iti�s, the organization
shall be viewed as a Gommercial Operator.
Operator - A� Entity that has entered into an A�reement with the City af Fort W�rth
Aviation Department to engage in commercial aeronautical ac�ivities at the airport.
Permi�tee - An Entity that has written permission from the A�iation D�parfinent to
canduct an activity at the air�or� according to the parameters established by a permit.
Runway - An area of the airport developed and improved for the purpose of
accommodating the landing and �ak�off of Aircraft.
Specialized A�ia4ion Service Operafior (SASD) - A single service pro�ider offerin�
a specialized aeronautical serv9ce such as Aircraft sales, ffight training, Aircraft
rrmainte�ance, or a�rionics services, SASOs shall not seli fuel.
iaxir►vay - A defined path, usual[y pa�ed, o�er which Aircraft can faxi from one part of
an airport to another excluding takeoff and landing.
�SA - Transporiation Safety Administration
TSR -- Transportation Security Regulations
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Aviation Minimum 5tandards 3
City of Fort Warkh Aviaiion bepartmenf (2017)
F'o�T i�oRrx
AVIAT[O1V
1NiRODUCT101V
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����o�ueTio� �
A. Purpose
The purpose of these Aviatian Minimum 5ta�dards (Minimum Standards) is to
encourage, pramate, and ensure:
1. The consistent provision of high quality aviation products, services, and
facilities af Fork Worth Ailiance Airpor�, Fort Worth Meacham international
Airpart, and Fort Worth Spinks Airport ("Airports" wY�en referred t�
co[lectively or "Airport" when referred ta indi�idually);
2. The develapment af high quality aviation Improvements and amenit��s ai
the Airports;
3, Aviation safety and security at th� Airports;
4. The economic heafth of aviafion Commercial �peratars at the Airporks; and
5. The orderly development of Airport praperty for aviatian purposes.
Aeror�au�ical activifies may be propased fhat do not fall within th� categories
designated herein. In such a case, apprapriate Minimum Standards shall be
established by the City of Fork Warth (City} Aviation Dapartment {De�artment} on a
cas�-by-case basis far such acti�ities and incorporated into fessee`s Agreement or
operator's Agreement with a sublessee.
B. ReguCations
These Minimum Standards are subject ta, but not limited to:
1. Fed�ra! A�iation Regulations, Title 14 - Code of Federaf Regu[ations;
2. Texas Transpor�ation Code, Chapter 22 T County and Municipal Airports;
3. Fort Workh Aviation �epariment Leasing Paiicy; and
4. Fort Worth Code of Ordinances, Ghapter 3- Airports and Aircraft.
5. Fort Worth Aviation Schedule of Rates and Charges
If the FAA defermines that any pro��sion of tY�ese Minimum Standards, any provision
of any Agreement, or any practic� ca�stitutes a grant of a prohibited exclusive right,
suc1� provision shall be deemed null and �oid and such practice shall be discontinued
immediately.
C. Effective Daie
T�ese Minimum Standards shall be in effect upon ado�tion by fhe Fort Worth City
Council, unless re�eal�� by the City. The Minimum Stan�ards, adopted June 16,
1992 (fhe "1992 Stan�ards, ") and the Minimum Standards adopted May 4, 2414
(the 2014 5tandards) wikl co�tinue to apply to existing Impro�ements constructed
prior to the adoption of these Minimum S#andards, unless the currer�t Impro��ments
are in via{afiion of the 1992 Standards at the time these Minimum Sta�dards are
adapted. Ur�fess expressly stated oth�nrvise, these Minimum Standards shall epply
to all existing bus�r�ess�s and activities at the Airport as of th� sixth monfh after the
adaption af these Minimum Standards_
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A�iation Minimum�Standards��'������i.�~-L_����_ 4
City of Fort WorEh Aviation bepartment (2097)
FORT �ORTH
AVIATION
i�rRo�uc-r�o�
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D. Self Service
An Aircraft awner ar the Aircraft owner's �mployees may perf'arm services that may
includ� fu�{ing, maintenance, or repair on the Aircraft owner's Afrcraft utiljzing the
Aircraft owner's vehicles, equipment, and resources (self-service). An Aircraft
owner who engag�s in self-service acti�ities may nat p�rForm services for
compensafion or hire. The right ta engage in self-service activities is cor�ditian�d
upon camplianc� with appl�cable regulatory measures. S�e S�ction 17, Self Fueiing
for additional requirements. �
An Aircraft Maintenance O�erator may defuel Aircraft, if n�cessary, for Aircraft
mainte�ance purposes only. Additianally, an Aircraft Maintenance Operator may
refuel the defueled Aircraft following provision of required Aircraff maintenance.
Defueling and refue{ing shall not be constru�d to permit an Aircraft Maintenance
Operator to engage ir� th� sale of aviatian fueEs as this activity is specifically
reserv�d for an FBO (Section 4).
An Aircraft Maintenance Op�rator con�ucting def�el9ng and refueling af defueled
Aircraft shall have adequate and proper fuel storag�, provide the Department witn a
Spill Prevention, Control, and Count�rmeasures Pian for defueling, refueling, and
fuel sfi�rag�, and conform with Sectiar� 4.D.
Co-ap fueling �s prohibit�� at the Airparts.
�. Applicability
These Minimum Standards specify the standar�s andlar requirements �hat must be
met by any Entity engaging in aviatian aeronautical actiuities at the Airports.
Throughout these Minimum Standards, the words "standards" or "requirem�nts"
shall be understaod to be modified by t1�e word "minimum" except where explicitly
stated otherwise. A�y required determinations, interpretations, or judgments
regarding what constitutes �n accepfiable minimum standard or requirement, or
regarding compliance with such minimum standard or requirement, shall be made
by tha ❑epartm�nt. All entities may exceed the applicable Minimum Standards or
requirements. No Enfiity shal! be allowed to engage in a�iatifln aeronautical
activ�ties at the Airpo�ts under conditEons that do not, in the Departmer�t's sole
discretion, ful[y comply with these Minimum Standards, unless an exemptian or
�ariance has been appro�ed in writing by the �irec�or.
These Minimum Standards shall apply to any use of Airport land or lmprovem�nfs
far the purpose of engaging in aviation aeronautical activities.
F�. Variance
The Depar�ment may, but is not obli�ated to, apprfl�e variances fo these Minimum
Standards when s�ecial conditions or unusual circumstances exist.
Requests fior a variance must:
1. S#ate the specific provision(s) for which the variance is being sought;
2. Describe the proposed variance;
3. Sta�e the reason fior the proposed variance;
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Aviation Minimum 5tandards 5
City af Fort Worth Aviation Deparkment (20�7)
Fo �o�Tx
��
���o�
1NTRODUCTIO�
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4. Identify th� anticipated impact on the Airport (and a�her entitEes including
Operators, lessees, su�lessees, us�rs of the Airpar�, and the public); and
5. Identify th� duration of the proposed variance.
Prior to the approval or denial of a varianc�, �he Depa�finenf shall cor�duct a rsview
of all relevant irtformation ir�cluding the request for variance as well as any other
infarm�tion that may be requested or required by the D�partment.
In taking aciian on a request far �ariance, the �epartment may grant the request
anly when it is determined that:
1. Enforcement of specific pro�isions in these Minimum Standards wili create
an unnecessary hardship or practicai difficulty in the intended use af the
affected property;
2. The variance wiil not injure tne existing or permitted use of adjacent
con'forming �roperfiy in accordance with the Airpo� Master Plan; and
3. The granting of a var�ance is cflnsistent with fhe purpose and intenfi of
tF�ese Minimum Sfiandards.
Approval or denial af a variance shall be determined by the Depar�ment of Aviation.
If approved, the variance shalf only apply ta the particular case for which the
�ariance is granted.
An approval by the Departriment af a �ariance shall not serve to amend, modify, or
aiter these Minimum Standards or any existing Agreement.
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A�iation Minimum 5tandards ��� �� ^ s� r���� 6
City of Fort Worfh Aviation Departrrtent (2017)
�ORT �ORTH
�,v�a�ro�v
�Ei��RAL F��QUfR��A�NiS
A. Introduc#ian
G��9ERAL R�QIJIR�iViEi�TS
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All entities engaging in aeronautical activities at the Airports shall fufly comply with
ar exceed the requirem�nts af t��s section as well as t�e Minimurr� Standards
applicable fo Entity's acfii�ities, as set forth in subs�qu�nt sections.
�, Leased Premises
An Entity shall lease ar sublease sufficient land andlor lease, sublease, or construc#
sufficient Improvements for the acti�ity as required in these Minimum Standards.
Improvemenfis shali fully comply with app[ieable regulatory measures including, bu#
not limited �a, zoning, building and fiire cades, s�tbacks, access, ingresslegress,
drainage, and vehicle parking.
Canstruction of any [mprovements must be appro��d in ad�ance by the
Department, in accordance with �he Departmenf's requirements and any agency
ha�ing jurisdiction.
Leased premises requiring public access shall have direct landside access. Should
landside access not exist, �edestrians or vehicIes needing access to the airfield
shall receive non-moveme�t area training or be escor�ed by ar� individual who has a
non-movement area permit.
Aprons should be:
1. Contiguous and separated by no more than a taxilan� that allows Enfity fo
taxi or tow Aircraft without crossing a Taxiway or public roadway;
2. Of adequate size and w�ight bearing capacity to accommodate the
movement, staging, and parKing of the largest type, size and weight ofi
Aircraft the hangar was built to accommodate without interfering wi�h the
movement of Aircraft:
a. En and out of other fac3lities; andlor
b. Operating to, from, or on iaxilan�s or Taxiways.
C. Facr'Irty Maintenance
Operatars, at their so[e cost and expense, shall:
1. Maintain the Leased Pr�mises, including all related and associated
appurtenances, la�dscaping, paved areas, installed equipment and utility
services, oillwater separators, and security �mprovements, in a clean, neat,
orderly, artd fully operationa! con�ition consistent with best practices and
equal or batter in a�pearance and character to other simiEar Improvements
at the Airp�rt, normal wear and tear excepted;
2. Pro�ide all necessary eleaning services for tne Leased Premises, including
custodial services, trash remo�al services, remo�al of foreign
objectsldebris, r�moval af spent oils or other fluids, cfeaning of oillwater
separators, and any related services necessary to maintain the
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Aviation iVlinimum Standards 7
City of ForE Wo�th Aviation Department {2097)
�ORT �VOR�'H
AV�TIOIY
GEN�RA� R�QUIRE[VIEi��S
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-. ,_ � -- - T�� - —
Improvements in good, clean, neat, orderly, and fully aperational eondition
cans�stent with best pracfices, normal wear and tear excepted; ar�d
3. Replace andlor reimburse the Departm�nt for, any property damaged l�y
lesse�, its activities, sublessees, customers, emplayees, visitors, vendors,
suppliers, or eontractors.
D. Producfs, Services, and Facili#ies
Products, ser�ices, and facilities should be provided on a reasonable hasis to all
Airport users.
Operator sha[I charge reasonabfe prices for each praduct, service, or facility.
E. Lrcenses, Permits, Cerfifications, and Ra�ings
Op�rator shall obtain and require emp[oyees to obtain, at O�erator's or empfoyee's
sole cost, all necessary licenses, permits, cerkifications, or ratings required for the
conduct of Operator's acti�ities as required by any agency having ju�isdiction prior
to engaging in any activifiy at the Airport. Upon reques�, Operator or its employees
shall provide capies of such licenses, permits, certifications, or ratir�gs ta the
Department within 10 business days of date of request.
Operatars, lessees, or sublessees engaged in any activity at the Airports, whether
using or occu�ying Airport land andlor Improv�rrtenis or fl�herwise, shall adhere to
the practices r�commanded by the FAA and the directives issued by the
Department.
F, €mployees
Operator shall employ a gualified, experienced, and prof�ssional on�site manager
who shafl be fu[ly responsible for the day-to-day rrmanagement of Op�rator's
acti�ities.
Operator shall pravide a s�pervisor on the Leased Premises to manage �perafor's
activities and s�cf� person shall be authorized to represen� and act on behaff of
Operator dur�ng all hours o�' acti�ities with respect to the methad, ma�ner, and
conduct of Operator and Operator's actEvities. When such person is not on the
Leased Premises, such person shaEl be available by telephone 24 hours a day, 7
days a week.
Operatar shall f�a�e an duty, and imm�d�ately available during hours af acti�ity,
properly trained, and qualified employees in such numhers as are req�ired to fully
comply with these Minimum Standards and to meet the reasana�[e demands of
customers far each activiiy being conducted by Operatar.
G. Equipmenf and Vehicles
All required equiprrtent and vehic[es must be fully operational and a�ailable at all
times and capable of providing alf required products and services in a manner
consistent with inter�ded use. Eq�ipment and vehicles may be unavailable, from
time fo time, on a tempflrary basis due ta routine ar emergency maintenance as
long as the equipment or �ehicles are returned ta servic� as soon as poss3ble.
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Aviation Minimum Standards S
City of Fort Worth Aviation Department (2017)
FORT �ORTH
a,v�aTrori
G�IV��►L R�C�UIREMIEiVYS
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H. Hocrrs of Activify � .._. -- -- -
Unless otherwise stipulated in these Minimum Standards, Dperatar's services shall
be offered and available to meet reasanable demand of c�stomers for the activity
eight hours per day between the hours of 6:00 a.m, to 1 Q:00 �.m. Monday through
Friday excludir�g holEdays.
If not a 2417 operatian, Comr��rcial
informatian for afterhours service shall
appropriate and professiana! signage_
Operator hours of acti�ity and cantact
be clearly post�d in public view using
Qperafor or Nan-Commercial Lessee shalf designate a responsible persan far the
eoordinafion ofi ali procedures and communications and pravide point-of-cantact
information to the D�partment i�cluding the name and ielephone number af the
primary and secflndary contacts. One of ihe cantacts shali be a�ailabie �y
telepl�one 24 hours a day 7 days a week.
1. Security
Qperator and Non-Commercial Lessee shall fully comply with the Depar�ment's
security requirements as ap�licable ta th� Airports, Leased Premises, and
activities(e.g., Fort Worfih Code of Ordinances�C}�apter 3, 14 CFR Part � 39, as
amended, Transpo.rtation Security Regu{ations.
O�erator or Non-Commercial Lessee must fully comply with applicable reporting
requirements as esta�iished by the Department, FAA, DHS, TSA, and any other
agencEes.
J. Insurance
Operator or Non�Commercial Lessee shall procure, maintain, and pay all premiums
throughout the term of its Agreement for the applicable insurance co�erage and
amounts required by regulatory measures and set forth in Attachment A, Minimum
Insurance Requirements, as amended from time to time, of these Minimum
Stan�ards far each ac�i�ity conducted. The insurance company or companies
undenrvriting the required policies shall be authoriz�d to wrife such insurance in the
State of Texas, with an A.M. Best's rating of A- or above.
When co�erage andlor the amounts set fort� in Exhibit D Minimum �nsurance
Re�uirements, are not avaifa�le on a commercially reasonable basi�, appropriate
replacement co�erage andlor amaunts must be appraved by the Department.
The Depa�tment reserves �he righ# #o require a�ditianal or different types of
insurance coverage based an an Entity's individual risks ancflor exposures.
When an Entity engages in more than one activify, it shall proc�re and maintain
insurance for the combined total of the minim�m requirements of eac� acti�ity. An
Entity shall procure and maintain insurance for all expasures in amounts at least
equa! to the greatest of the required minimum or as sti�ulaf�d by the Department.
All insurance that Opera#or ar Non-Commercial Lessee is required to carry and
keep in full force and effect, snalE name the City, and its re�resentatives, officers,
officia[s, employees, agents, and �ol�nteers as additional ins�red. All insurance
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Aviation Minimum Sfandards 9
C9ty of Fort Worth A�iafian Deparkment (2017)
FoRT �o�
�
nvrar�o�v
GEidERA� R�QUIREMEiVYS
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policies, including any Workers' Comp, shall include a Wai�er of Subrogation ��(Right
af Recovery) in favor of the City af Fort Worth.
Lia�ility policies shall contain, or be endorsed to contain, the fallow�ng provisio�s:
1. "The City indi�idually and collecti�ely, and its representatives, officers,
officials, emplayees, agents, and volunteers are to be covered as
. additional insured with respect to: liability arising out of activities perform�d
by or on behalf of Er�fity; premises owned, leased, occup�ed, or used �y
Enfi�y; andlor vehicles, equipm�:nt, or Aircraft owned, leased, hired,
borrowed, ar aperated by Ent�ty. Such insurance shall provide primary
co�erage and sl�all not seelc any contribution from any insurance or self-
insurance carried by the City°;
2. "Such insurance, as to the interest of ths Ci#y only, shall not �e invalida#�d
by any act or negl�ct ar breach of contract of Entity. Any failure to f�tlly
compiy with reparting or other provisions af the policies snal[ not affect
co�erage provided to the City individualfy and collectively, and their
representatives, officers, offic�als, emplayses, agents, and voiunteers.
Entity's �nsurance shall apply separate[y to each insur�d agair�st whom
claim is made or suit is brought, except with respect to the aggregate limits
of the insurer's liability"; and
3. `"Coverag� shall not �e suspended, �oided, or cancelled by either party ar
reduced in coverage or in [imits except after 30 calendar days prior written
notice ar � 0 days prior written notice for cancellafion for nan-payment ofi
premium, i�y certifi�d mail, return recei�t requested, has been given fa
Department."
Certificates af insurance shall b� delivered to the Department upon ex�cution of any
Agreement, or when appro�ral is given by the Depar�ment ta conduct any activity at
the Airport. Thereafter, �perator or Non-Commerciaf L.essee shall pravide
certificates of insurance to the Department every 12 months. [n addition, Operatar
or Non-Commercial Lessee shal{ furnish a certificate of insurance if any change, for
exam�le, changing underv►rriters, coverage, or amounts occu�s.
Ths co�erage and amounts stipulat�d herein for each acti�ity repres�nt the
minimum coverage and amounts that shall be maintained 6y Operatar or non-
commercial lessee, at all times, to engage in activities at the Airport. Operator or
Nan-Commercial Lessee is encouraged to secure higher amounts.
Qperator or Non-Commercial Lessee sha[I, at i�s sa[e cost and expense, causa all
Irnpra�ements on the Leased Premises to be kept insur�d ta the full insurable
replacement cost with no depreciat�on, or as required by the lease for the
impro�ements, against fhe �erils af fire, lightning, wind, haif, tornado, extended
coverage, andlor rrandalism. The procee�s of any such insurance paid an account
fior any of the aforementioned perils shall be used to defray tf�e cost of repairing,
restoring, or reconsfiructing Impravements ta the condition and location c:xisting prior
to the casua�ty causing the damage or destruction, unless a change in design ar
location is appro�ed, in writing, in ad�ance, by the Department.
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Aviatian Minimum Standards � � 10
City of Fork Worth Aviation Departm�nt (2097j
FORT WORTH
nvi.��tor�
GENERAL R�QVIR�NfENTS
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Operatar or Non-Commercial L.esse� with known enviranmen�al contaminatian
exposures sha11 be require� to secure appropriafe environm�ntai liability ir�surance
wit� coverage amounts appropriat� for the type and level ofi enviranmenial
contamination exposur� risk, as determined by the Department,
K. lndemnificatron and Hold Narmless
Each Entity sha[I defend, indemnify, save, protecfi, and hold harmless the City and
its represenfiatives, officers, officials, empfoyees, agents, and �olunteers from and
against any and a[I actual or alleged cfaims, demands, damages, expenses, costs,
fees, includEttg, but not limited to, attorney, accountant, paralegal, exper�, and
escrow fe�es, fine�, environmental costs, andlor penalties that may be imposed
upon, claimed against or incurred or suffered by the Ci�y in whole or in par#, directfy
or indirectly, arise from or are in any way connecte� with any ofi the following,
exc�pt to the extent resulting from the City's neglig�nce or willfuf misconduct:
1. Any act, omission, or negl�gence af Enfity or Entity's parkners, officers,
Directors, agenis, employees, in�itees, or contractors;
2. Any use, occupafian, management or cantrol af the L,eased Premises E�y
Entity, whe�her or not due to Entity's own acf or omission;
3. Any condition created in or about the Leased Premises aft�r the effective
date; anti
4. Any breach, violation, or nonperformance of the Entity or the Entity's
obligations �nder any Agreement.
a. ln the event a parky indemnified hereunder is responsibf�, in part, far
the loss, the indemnitor shall n�t be relieveci of the obiigafiion io
indemnify; how�ver, in such a case, fiability shall b� assessed in
accordance w9th State ofi Texas principles of comparative faulfi.
b. In the event af an en�ironmental contaminating accident, to incl�de
all leaks, spills, or other damage that may result through the
handfing, siorage, andlor dispensing of fiuel, or an incident caused
by Operator or non�commercial lessee, its empfoyees, its vendars,
its suppliers, its contractors, ar any other Entity associated with any
Operator or Non-Commercial Lessee� ar any Entity violates any
environmental law, Operator, non-commarcial lessee, ar Enti�y shall
accept tota[ responsibility and defend, ir�demnify, sa�e, protect, and
hald harmless th� City and its representatives, officers, afficials,
employees, agents and volunteers.
Nathing herein shall constitute a waiver of any pratection available ta the Ci#y and
their representati�es, officers, officials, emplayees, ag�nts, and volunteers un�er
the State of Texas governmenfal imm�nity act or similar statutory provision.
L. �nforcemenf
In the event an Entity fails to camply with the Minimum Standards, the Department
shall send a written sfateme�t of violation to such Entiiy at its last knawn address.
The E�tity s�all ha�e 30 cafendar days fram date af notice within whicn to �ro�ide a
respons� to the Department explaining why the violation occurred and ta advise the
Department that the violafion has been corrected, If the Entity fails to cure the
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Ar�iation Minimum Standards �� y � 11
City of Fort Worth Aviat�on Deparkment (2017)
�41�T �ORTH
AVIAT103V
GEfV�RAL REQUfR�fVIENTS
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�ialation within such time period, the Department sl�all have the right to suspend or
revoke the Enfity's privileges at the Air�ort, as the �epartm�nt deems r�ecessary in
order fo obtain a correctian of the vifllatian. In the event such vialatian is noi
susceptible to cure within 30 cal�ndar days, Entity shall ha�e such additianal time to
effect a cure, as deterrnined by the Depar�ment. In addition, the Entity's record of
ar�y such violation shalf be considere� any time t�e �ntity submits an application,
seeks permission, or requests a�proval from th� D�partment.
M. Mulfr"ple Acfiviiies
The Minimum Standards or requirements for combined activities sha11 not be:
1. Less than the highesf standar�i
combined activities; ar
2. Greater than the cumulaiive
combined acti�ities.
or requiremeni for each eiement within the
standards or requirements for all of the
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A�iation Minimum Standards � � �� 12
City af Fo� Worth Aviatior� Departmen# (2Q97j
�ORT �'YORTH
AVIATION
FIX�d �AS� O€'�RATOR �F�O}
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=�'IX�� �AS� OPERATOFt (F�O}
A. lntrod�rc#ion
These Minimum Standards shall not affect any existing lmprov�ments constructed
prior to date of �ramufgat�on of these Minimum Standards.
An FBO can meet the reguirements of Aircraft maintenance by arrangement with an
autharized Operator who meets the Minimum Standards for Aircraft Mainte�ance
Operator and operates at the Airport.
�. Scope of Acfivi#y
An FBO shall develop and maintain Standard Operating Procedures (SOP's) far
Aircraft fueling and graund handlir�g to ensure compliance with standards sei forih in
AC 00-34A current version, "Aircraft Gro�nd Handling and Servicing". FBO's SOP`s
shall include a training plan, fuel qua{ity assurance �rocedures and associated
record keeping, and emergency response procedures to fuel spills and fir�s.
An FBO's SOP's shall be a�ailable to the Depar�ment upon request.
An FBO should include the following activities, products and services:
o A�iation f�els and lubricants
Ground services, support and
amenities
� Aircraft maintenance
� Aircraft storage or parking
�a�ronitiedowns andl�r
hangars)
� Aircraft marshalling (dir�ct to
parking)
o A�rcraft towing
� Oxygen services
� Ni#rogen services
� Compressed air services
� La�atory s�rvices
• Potable v�ater service
� Aircraft graund power {�irect
current)
� Baggage handling & related
services
� Conci�rge services
� Courtesy transportation
• Ground transportation
arrangemenis
• Accommodation arrangements
• Aircraft catering arrangements
o Aircraft cleaninglwashing
servic�
Any Entity proposing to estabfish an FBO shall be required to me�� the initial
minimum investment, as id�ntified in the following table:
��sla;aklsl� an ��O �' A�W �TW FWS
Minimum In�estment $95,000,�00 $95,O�Q,000 $3,000,000
•$15M inifial investment or $14M minimum initial investment with an addiffonal $5M within 5 years
after ti�e initial lmpro�ements.
a ihE amount paid for existing Improv�m�nts may be considered as a part of the initiaf minimum
investment requirement.
• Market value appraisal may be considered to determi�e the initial minimum in�estment.
� Im�rovements to existing Infrastructure may b� considered as a part of the initial minimum
in�estment requirements.
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A�iation Minimum Standards '13
City of Forf Worth Aviatian Department (20�7j
FORT WORTH
AVIATION
FIX�� �AS� OPERAYOR (��O)
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C. �eased Premises
FBO sl�all have adequate land and Impravements to accammodate all acfivities of
the FB� and all appro�ed sublessees, inc�uding but not limife� to:
AFV�
FBO Main Termina] Apron
Weight bearing capacity
7erminal building {tota{)
Customerlcommon area
Nangar (transient Aircraft parking)
poor heightiv�ridth
D. �uel Sforage and Equipment
75,040
Graup 111
5,000
2,000
20,OOQ
2a�r�2a�
F T1ld
75,040
Group l!I
S,OOQ
2,OOQ
20,D00
28'1120'
KWS
60,OQ0
Graup Il
5,OQQ
2,000
20,DQQ
28'1120'
An FB� shall devetop, �wn, andlor lease a fuel storage facility and equipmenfi at fihe
Airport �n a[ocation approved by the Department and cansistent with fhe Master
Plan, Airpori L.ayaut Plan, andlar Land Use Plan. In no ev��t shall the tatal storage
capacity be iess than:
�. -
Fucl SC�tr&g2 �i1Cl f.{�4kl��kll�dlt
.�0t flkE:l
Storage - minimum total capaciiy (gallons)
Equipment -- minimum czpacity of a refue6ng vehicle
(gallons)
r��v� _1� .��v . ��s
zo,aaa
5, 600
2Q,p00 12,000
5,D00 3,a00
Avgas (Optional)
Storage - minimum totai capacity (gallons) 300a 3�00 3000
Equipment - minimum capacity af a refueling vehicle 750 75Q 750
(gallons)
� FBO shall ha�e adequate and proper storage for vtiraste fuel or test samples ar the capability
to recycle same.
o FUeI storage facility rnust me�t City fire code requirements.
• Far each type fuel, a fixed self-service fueling system 9s opfional.
An FBO must retain awnership and responsibility of aq fuels delivered to fhe FBO's
s#orage fiacility under lease by the FBO and is respansible for #�e payment of all fuel
flowage fees owed with respect to the fue[ deli�ered tn its starage facilities.
An FBO shall hava satisfactary arrangements made with a reputa�le aviation
petro[�um supplier for the deli�ery of a�iation fuels.
An FBO s�all �rovide the Department with a written Spill Preventian, Cantral, and
Count�rmsasures (SPCC) Plan that meets regulatory measures for FBO's fuel
sforage facilities and activities. Any time the SPCC is modified, the updated
documenfation reflecting the changes sf�all be provided to the Department within
thrae business days of the change.
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Aviatian Minimum Standards � �� '�4
City af Fort Worth Aviation Department (2017)
�OftT �ORTH
AVfA7701V
FIX�D BAS€ ���RAiOR {F'BD)
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Fuel deli�ered, sfared,1 or dispensed by`�FBO sha[I fu[�y comp{y wit� the �uality
specifications outlined in ASTM D 9 655 �jet fuel) andlor ASTM D 1910 (avgas), as
applicable. Ensuring the quality of the fuel is tl�e so[e respo�sibility ofi FBO.
Each fuel storage fiacility, each refuefing vehicle and all fueling equipment shall be
equip�ed and maintained to fully camply with applicable regulatory measur�s
including, but not limited to those prescribed by:
1
2
3
4
5
fi
7.
Natianal F'ire Protectian Associatian �NFPA) cades;
U.S. Environmental Pro�ection Act (�PA);
State of Texas;
Counties of Tarrant, Denton, and Jonnsan as applicabfe;
City;
14 CFR Part � 39, Airport Certi#icaiion, Section 139.321 curreni version,
"HandlinglStoring of Hazardaus Su�stances and Materials"; and
Applicable current �ersion ACs incfuding AC OD-34 "Aircraft Ground
Handling and Servicing", AC 1501�214-5 "Painting, Marking and Lighting of
Vehicles Used on an Airport", and AC �15�1523D-4A "Aircraft Fu�l Storage,
Hand[ing, and Dispensing on Airpor�s".
Refueling vehicles shall be equipped with met�ring dev�ces that meet app[icable
regulatory measures. One r�fueling �ehicle dispensing jet fuel shalf have over-the-
wing and single point Aircraft servici�g capabilEty. All refue�i�g �ehicles shall b�
�ottom loa�ed.
For a fixed selfi-s�rvice fuel'rng system, the location a�d capacify of the system shali
be appraved by the Department. In addition, ihe system shall:
1. Be available and maintained by FBO for public commercial use;
2. Have adequate [ighting and signage; and
3. Have d�taiied and readily accessible instructions for t1�e proper and safe
operation of the sys�em, emergency �hut-off, properly rated fire
extingu�sher, and fuel sp�ll kit.
�: Fueling Reports
On or before the 15th calendar day af the subsequent month, each FBO shall:
1. Prauide a summary report to the Department identifying the number of
gallons of aviation fusl delivered to the� FB�'s fuel starage facility by fuel
type;
2. Provide bill of ladings, as received from the fuel suppli�r #or fuef delivered,
in supp�rt of the summary report; and
3. Pay the appraprjate fees due to the Departme�t as sfipulated in the
DepartmenYs Schedule ofi Rates and Charges.
Upon requesf, records and m�ters shal{ be made a�ailable for review by the
Department ar'its designated reprasentative.
F. �round Support and Service Equipm�n�f
The following [ist �f ground support and service equipment shall be provided by an
FBO or authorized Operator at the Airport:
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A�iation Minimum Standards � 15
City af Fort Worth Aviation []epartment (20� 7j
�ORT WURTH
�vraTTox
�IXED �ASE OP€RA�OR (�BO)
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� .._:�.:_ .��. _ . __. .
Oxygen cart Nitrogen cart
Comp�ess�d air unit Lavatory ser�ice cart
Potabfe water unit Air stair unit
Fiamp marsha![ing �ehicfe Ramp transportatian veh�cie
Courtesy vehicle Aircraft tawing vehicles
Tflw barslheads Aircraft ground power (DC)
Aircraft wash rack Spill kit
Equi�ament for securing Aircraft on the apron
S�ill kits shali include fihe necessary equipment and mat�rials to contain a fuel spill
and restrict fuel or other hazardous materials from flowing into drains and other
areas in campliance with the Operator's SPCC plan.
G. W'o�rs of Activi�y
In additian to the general requiremenis (Secfion 3.1), the FBO sha11 make available
Aircraft fueling, parking, ground services, suppart, ar�d amenifiies to meet
reasonable demands af customers during weekends, holidays and after hours.
1-p. ,�mpl'ayees
An Op�ratar shali em�loy the following minimum number ofi employees who shall be
a�ailable during required ho�rs af activity. A Line S�rvice Technician may fulfill the
responsibilities of the Custamer Service Representati�e unless the Line Service
Technician is �erforming �uties off the Leased Premises. An FBO shall ha�e at
leasf one supervisory Line Service T�chnician trained in a� FAA appr�ved fire
safety program, as defined in 14 CFR Part 139.321 current version.
p�ayees. - . - — - - A�W _ _F'i'W FU�f�
Line Service Technician
During hours of acNvity �1 � 'I
After ho�rs on-oa11 response tir�e 1 hour 1 hour 1 hour
Custorner Serviee Representative
During hours of activity
L Aircraft 14emoval
Recognizing that Aircraft removal is the responsibility of the Aircraft ownerlOperator,
an �BO should be prepared to lend assistance when a request is made by the
Department or tha Aircraft ownerlOperator in order to maintain the operational
readiness of the Airpor�,
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Aviatian Minimum 5tandards � ��
City of Fort Worth Aviation Department (2017)
�ORT �ORTH
A�vra�ox
AIRCRAF'T NiAWT�A6ANC� O��RAiOR (SASOj
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AIRCRAFT MAI�T�i�ANC� OP�FtATOR (SASO) i�u.LL- A�
A. Introdu�tion
These Minimum 5tandards shall not aff�ct any existing Im�rovements constructed
prior to date of promulgatio� of these Minimum Standards.
�. �eased Premises
An Operator engaging in this activity s}�all have adequate L�ased Premises, as
appro�ed by the Department, to accommodate all activiiies of Operator. fn addition,
all lmpro�ements shalf ineet all applicable building a�d fire codes relate� to the
activities
C. Emplayees
An Operator st�all employ the following minimum number of employees who sha11 be
available during the required hours of activity as foilaws:
��npioyaas
A & P Mechanic
I13�a��
FWs
1
1
Customer 5ervice Representative
1
9
• A second A& P Mechanic may fiuffill the respansibilifies of the customer service representative.
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A�iafion Minimum Standards � �7
City of F'ort Worih Aviation Deparfinent (July 22 209�J
FORT�ORTH
��4�
AVI�IVICS OR INSYF�IJMENT
fVfAINYEMAIdG� OP�RATOR {SASO)
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A!lION�CS OR INSYRUM�F�T NIAINi��VANC� �P�RAi{3R �SASO}
A. Introduction
These Minimum Siandards shall not affect any sxisting Improvements cansfructed
priar to date of promulgatian of these Minimum Standards.
�. Leased Premises
An �perator engaging in this activity shal! have adequate Leased Premises, as
approved by tne De�artment, to accommodate a{I aciiviiies of Operaior. In addition,
all Impro�ements shail meet af1 applicable building and fire codes related to the
acti�ities
C. �.icenses and Certifications
An Operator shall be properly cerkificated by fhe �'AA as a Repair Station, as
defined by 14 CFR Park 1�4� eurrent version.
D. �mployees
Operator shall employ the following minimum number af employ�es who shail �e
available during required �ours af acti�ity as follows:
Technician
Customer Service Representative
n�w � �fiw I ��s
• A second Technician may fulfil� the responsibilities of the Custo.mer Service Ftepresentative.
�'. Equipment
An Operator sY�all pro�ide sufFicient shop space, �q�ipment, supplies, and
availability ofi pa�ts as required for certifcation by fhe FAA as a Repair S#ation, as
stipulated in Operator's 1� CF'R Part 145 current version Repair Station Manual.
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Aviation Minimum Standards '��
City Qf Farf Worth A�iation Department (July 22, 2094)
FORT V�OR'�H
AVIA9ION
AIRCRA�T R��liAL QR
F�EGbT TRAINIi�G OP�RAiOR (SASO)
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AIRCRAFi R�h1iAL OR F�ICWT iRAI[VIf�G O��RATOR {SASDj �
A. Infroduction
These MinEmum Standards shall not af�ect any existing Improvements construcfied
prior to date of promulgafion of these Minimum Standards.
A p�rso� hol�ing a current FAA certified fligF�t instructor cert9ficate, who prov�des
occasionai flight training and does not make flight training a�aiEable to fhe public,
shaEl nat �e deemed a commercial acti�ity.
An Aircraft owner seeking initial or recurrent training in th�ir own Aircrafit may
campensate a filight instructor for instrucfion to the nwner in their awn Aircraft.
�. L�ased Prernises
An �peratar engaging in t�is activity sl�all ha�e adequate Leased Premises, as
a�pro�ed by fhe Department, to accommo�ate al[ acti�ities of �perator. ln addition,
all Impravem�nts shall meet all ap�licabl� building and fire codes related to the
acfivities
C. Employees
An Operat�r shall employ the following minimum num�er af emplQyees who shafi be
a�ailable during required hours of activity:
���oy��s I a��w I ��w
Flight Training Operaior
Flight Instructar
Certifcated Ground 5chool Instruetor
Custamer 5ervice Representati�e
Aircrafi Rental Operator
Ffight Instructar(s)
Certificated Ground Schaol Instructor I 1
f�s_
1
1
�
1
1
o A Flight Instructor or Cartificated Ground Schaof lnstructar may fulfill the responsibiGties of the
Customer Service Representative unless the emplaye� is not available.
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�#viation Minimum Standards f� �9
City of Fort Worth Aviation Department (Ju�y 22, 2074)
FoRT �oxTx
A"f�'rA'1'ION
AIRCRp►Fi R€WT'AL OR
�L,IGHT T'RAf1VlNG 0�'�RA�'OR (SASO)
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D. �quipment _ .x... _._.��� _��.�-- -
An Operator shall ha�e the fo[lowing number af properly certified and airworthy
Aircraft availab{e for rental or use irt flight training, as applicable. All Aircraft shall be
owned, leased, andlor operated by the Operatar,
�6�t�i��r;�•�;t - - _ .AfW .Y F,�V4f ' l. - FV�{S
--� —- -- � --
Aircraft Renfal Op.erator Aircraft
Fixed wing: sing{e-engine 2 2 2
Flight Training Operator Alrcrafi
Fixed wing: single-engine 2 2 1
Helicopter 'f 1 1
. One Aircraft must be IFR capable unless Flight Training Operator is only pravlding sport pilot
training.
+ If ravidin helico ter fli hk trainin , it is re uired to own, lease andlor operate a helico ter,
Flight Training Operators shail provide, at a minimum, adequate training aids
necessary to provide proper and effective ground school �nstructian, in accordance
with the Code af Federal Regulations Part 6'f and or Pa�t 'f 41.
�. Hours of Acfivity
Operator shall be open and services shall be ava�la�le to meet the reasonable
demands of c�stomers for this activity as follows:
Mou�s af Acllvlly
Haurs
Days perweek
Holidays
After hours
AFw Frvv y �ws
S hours per 8 hours per 8 hours per
day day day
5 5 5
�lo Na Nn
Prior Prior Prior
arrangement arr-angement arrar�gement
�'. Insurance Dr"sclosure Requirement
Any O�erator conducting Aircrafit rental or flight fraining sha[I post a natice an�
incorporate within its rental and insfruction Agreements, as well as praviding a co�y
of sucn notice to the Department, fihat:
�. Identifies the insuranc� coverages provided to the r�nfer or student by
Operator; .
2. �iscusses when and how the insurance covarages apply;
3. Indicates where additiona[ information can be abtained; and
4. Ad�ises the rent�r or student that additianal insurance caverage is
available.
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Aviatian Minimum 5#andards ..�.'. - .__ _ ��__-�� _ ���� -- . � 2D
Ci�y ofi Fort Worth Aviation Department (J�t1y 22, 2074)
FORT �ORTH
�x�vN
A�RCR��T CHr4RTf�R OR
,41RCRA�� MANAG��N�NT OPE�2ATOR (SASOj
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AIRCRAl�T CHARY�R OR AIRCFiAFT Ih1iANAG�MEfVY OP�RAiOFt (SASO)
A. Introduction
These Minimum Standards shall not affec� any existing Impr�vements construc�ed
prior ta date af promulgation of tnese Minimum Standards.
�. Leased Premises
An Operator engaging in this acti�ity shall have adequate Leased Premises, as
approved by the Depar�rr�ent, tn accammodate all activitjes of Operatar. In addition,
ali Improvements shall meet all applicabEe buil�ing and fire codes related to the
activities
C. Licenses and C�rfifrcafions
An Operator s1�a11 ha�e all appropria#e certifications, lic�r�ses, permits, insurance
and approvafs.
�. �mployees
An Operator shall employ t�e following minimUm number of empfoyees who shall be
a�ailable during required hours flf activity:
ErnpEoyees
Commercial Pil��
�,�w ��w ��s
1 I 1 1
Customer Service Represeniative I � � 1 I 1
o A Pilot rnay fulfill the responsibi{ities of the Customer 5ervice Representative unless the Pilot is
not available.
An Op�rator shall em�foy ana Customer 5errrice Represeniati�e as an �mp�oyee
who shall be available during hours of activity. lf an Aircrai� Management Operator
is praviding pilot services, tt�e Aircraff Management Operator shall employ at least
one Cammercial P�lot as an employee w�a shall be a�aifable as needed.
g. Lquipmenf
An Operator shall provid� at least ane certified and continuously airwarfhy Aircraft,
either owned, leased, or operated by the �perator, for the type of Aircraft charter
service being provided that shall be equipped far and fully capabfe of flight under
instrument conditions.
F Nour.s of Actr"vity
An Operator shall be open and ser�ices shall b� a�ailable to meet the reasonable
dernands of c�stomers for this acti�ity,
An Operator's initial response to a prospecti�� customer's inquiry shall not exc�ed
anE hour.
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A�iafiio� Minirrzum Standard.s 2�
Ciry of Fort Worth Aviation Deparh-nent (July 22, 2014)
FORT�VORTH
�v�a�a�v
AI�CRAFT SALES OP�RATOR (SASO)
.� ...—,�_._r�,.,,_- _ � � _ _�� _�v._�_ _�,��_�. �._��. .� -,::�,�.:,,:.�: �,.��.`_����_ .��:K� �_- _�,-� � . w:;.�_ ,..M��.�
AIRCRAFi SALFS OP�RAT'QR �SASO) -sNA� ._
A. lntroduction
These Minimum Standards shal{ not affect any existing Improvements constructed
priar to daie of promulgation of these Minimum Standards.
�. Leased Premises
An Operator engaging in this acti�ity shall have adequate Leased Pr�mises, as
approved by the Department, ta accommodate all activities of the �perator. In
addition, all Impro�ements shall meet all ap�ficable building and fire cades related
to the acti�ities
C. Dealershrp
An Operator, who �s an authoriz�d factory sales frar�chise, dealer, or distributor
either on a retail or who[esale basis, shali ha�e available or shall make avaiiable
with reasonable advance notice at least one current madel demonstratar of Aircraft
in each of Ets curr�ntly authorized �roduct lines.
D. L�censes and Cerfffications
Employeas sha[f be properly cerkificated by the FAA, current, and hold the
appropriate ratings and medical certificaiion for pro�iding flight demonsfiration in all
Aircraft offered for sale.
�. Hou,rs ofActivity
An Operator sna�l be open and services shafl be a�ailab[e to meet reasonable
dernands of custamers for this activity. The �perator shall have a Customer Service
Representative (CSR) available or ut�lize another on-site Entity's CSR.
��.-.��.�.��.� . _ ��:�.�:.�.x—�-_ .-�_ ���..s��- .�,_, _u-.�--_-_��:-- - _..._,..,��.--T��_�:_� �,.,�,. -
A�iation Minimum Siandards f22
City af Fart Warth A�iation Department (July 22, 2014j
�ORT WORTH
�
AVIAI7DN
AIRCRAFT 5T'OC�AG� O�ERAiOR (5AS0)
.-�._,.,,,.---�= ---._T.� .�.-�„� •.—��.:��._..,,, ._..�._�� �-�:<:�._.-:�:-,�,��_ .__-.._s,sr,,�,.:�3.-� �..x1�v�,.�u.��� .-,
AIRCRAFT STORAGF OPERATOR �SASO)
A. lnfroductron
These Minimum Sfandards sha!{ not affect any existing lmprovemer�ts constructed
prior fo date af promulgation of these Minimum Standards.
B. Leased Pr�mises
An Operator �nga�ing in this activity shall ha�e adequate Leased Premises, as
approved by the Depa�iment, to accommodate all acti�ities of the Operator. In
additian, a�l Improverr�ents shall meet all applicable building and fire codes related
ta the activities.
C. Hours of Ac#ivity
An �p�rator sha11 ensUre the faci[ities are rea�ily accessible fior use 24 hours a day,
7 days a week including hofidays.
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Aviation Minim�m Standards 23
City of �ort Worth Avia#ian Department {July 22, 2094}
FORT �DRTH
A'VIATION
AVIAifDiV 5ERV1C� SOL� P�OPRIEiOR
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Al11ATlON S�RVEC� SO�E �'ROPRC�TOR � �
A. lnt�roducfion
These Minimum Standards shall not affect any ex�sting lmpro�eme�ts constructed
prior to date af promulgation of �hese Minimum Standards.
In recagnition of fhe natur� in which certain services are currently being pro��ded to
general aviat�o�r customers at the Airports, the City has established a speciaf
Operator category through wh�ch certain services can b� pravided to the
ownerslOperatars of piston powered Aircraft.
An Aviatian 5ervice Sole Praprie�or is a Cammercial Operatar enga�ing in one of
the following services:
1. Aircraft MaintenancelAvionics Maintenance - providing Aircraft
maintenanc�, parts, accessori�s, and related components, as defin�d in 14
CFR Part 43; pra�iding maintenance or alteration of Aircraft radios,
electrical systems or instrumen#s as defined 9n 1A� GF'R Part 43, Apper�dix
A for piston power�d Aircraft other than those ow�ed, leased andlor
operated by t�e Operator on tt�e Airpor�;
2 Flight TraininglAircraft Rental - pra�iding flight instruction andlor Aircraft
rental to �he public at the Airpart; or
3. A person holding a current FAA cer�ified flight instructor certif�cate, who
provides occasional flight training and does not make flight trafning
a�ailable to the public, shall not be deem�d a commerciaf acti�ity.
An Aircraft awner seeking initial or recurrent training in their own Aircraft may
cornpensate a flight instruc�or for instruction fia the owner in their own Aircraft.
B. �eased Premrses
An Operator engaging in this activity shall ha�e adequate Leased Premises, as
approved by the Depar�ment, to accommodate a!l activities of the Operator. In
additian, all Impro�ements shall m�et ail appficable building and fire codes related to
the activifies.
C. Lmploye�es
An Operatar may nat employ any other persans other than himse�filherself on a full-
time basis. The �perator shall be properly trained, cerkified, ar�d currer�t for the work
being pe�Formed in accordance with reau'irements of the FAA andlor other regulatory
bodies. Temporary �art-time help or Temporary Specialized Aviation Service
Operatars shall not be cansidered as fu11-time employees.
If, at any time, the Operator employs or pro�ides compensation on a full time basis to
any other person, oiher than the sole proprietor, the Operator wili be required to meet
the Minimum Standards for the services being provided.
D. �qui,pment
Aircraft Ma9ntenancelA�ionics Mainte�ance - the Dperator shall ha�e a!I reasonably
necessary equipment for the proper p�rformance of servic�s being provided in
accordance with the manufacturer's specifications and applicable FAA r�gulations.
�, �.�_�--�-�_-.:,�..�-�.�� .��tr�,�r.���._�...�,� ,�.._ �.�,_-� _-�-�A-�..��,�-..:_� �.x ��-��....� �.�s:�-�._:,�-�-���.�.:��..
A�iation Minimum Standards 2'�
City of For� VlJorth Aviatian bepartment (July 22, 2094j
FoR�r�oxTH
AVEATION
AVIATf��1 SERVIC� SO��. PROPRIETOR
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Flight TraininglAirc�aft Rental - the Operator shall have at least one properly
cer�ified and airworthy Aircraft available for the s�rvices offered. All Aircraft shall be
owned, leased, andlor operated by the Operator.
Flight Training - Operators shall �ro�ide, at a minimum, adequate training aids
necessary to provide proper an� effectEve ground schooi instruction.
E. K'ours of Activify
An Operatflr shall be open and services shall be available to meet the reasonable
demands of c�stomers for this acti�iiy.
I�. lnsurance Disclosure
An Operator conducfiing Aircraft flight training ar Aircraft renta! shall post a notice
and incorporate within its rental and ins#r�ction Agreements, and provide a copy af
such notice to the Department, #hat:
1. Identifies tne insurance coverag�s provided to fihe renter or student by fihe
Qperatar;
2. Discusses when and how the insura�ce coverages apply;
3. Indicates where additional information can b� abtained; and
4. Ad�ises the renter or student that additional insurance coverage is
available.
_ .__ _�,ti_� ��._�.._�,..,�_:�} ��-.,.. _ .:,::�.;�.,�...�._�.-�_. .��, .,.. �,�,�s� _T..� _ ��. _�n�._. _�-�,.��.._.x.� �d .,..L,-. �� ���.�� a,
A�iation Minimum Stanciards ��
Cj#y af Fort Warth Aviafian Deparkment (July 22, 2014)
�Q�T WORTH
AYIATIOIY
O�'HER CO[Vf��RGIAL �EROf�AUiICAL �lCiIVIiI�S (SASO)
--�����_s —�. � �,�_��_�..
����,,� -- - - -- _ - --�_.�.m_. _�_v�.
,�„��:- - .�_��=—._-_,:� : ,. ��_� �.��.. _ �
�THER �OiVff�ERCIAL AI�R�Np►UTICAL ACTIl/iTIES {SAS�)
A. lntroduction
This section pertains to other commercia[ SASOs engaging in Limited Aircraft
Services and 5uppart acti�ities, Miscefianeous Commercial Services and Su�apart
acti�i�i�s, or sir transportation services for hire acti�ities, as follows:
1. Limited Aircraft Services and Support;
2. Miscellar�eous Commercial Services and Suppart;
3. Other Air Trans�ortation Services for Hire; and
�. Non-Profit Organizations.
These M9nimum Standards shalf not affect any existing lmpro�ements constr�cted
priar �o dat� of promulgation of these Minirrium Standards.
�. Leased Pr�mises
An Operatar engaging in this acti�ity shall have� adequate Leased Premises, as
approved by the Department, to accommodate afl acti�ities of the Operator. ln
addition, all lmprovements shall meet all applicable building and fire codes related to
the activities
G. �mployees
An Operator sha11 pravide a su�Ficient number of employees to carry out activity in a
safe, secure, efficient, prompt, courteous, and professional manner while also
me��ing the reasonable demands of customers for the acti�ity.
D. �quipment
An ��erator shall ha�e, based at the Air�ort, sufficient �ehicles, eqUipment, and, if
apprapriate, one certified and continuously airworthy Aircraft either awned, leased, or
operate� �y the Operator.
Ar� Operator shall have sufficient materials andlar supplies available to s�pport the
activity.
�. Hours of Activity
An Operator shafl be open and 5ervices shall be available during fhe hours
maintained by qualifi�d and experienced entities pro�iding comparable services
andlor engaging in similar activities at comparable airparts in like markets.
An Operator's services shall be available to meet the reasonable demands of
customers for the activity.
.:-�,::<-�.,..�--�,--= � :�---�....�� �:�:.�..= .�.�-�-.m, _�.-_� �_-��. � �.T_ -.����:-�-ti- ..��-.�_-�„-�:.._-� �_.:.����-.».�,�.�
A�iation Minimum Standards 26
City of �ort Worth Aviation Departrr�en# {Jr�ly 22, 20�4)
s��F Fu��E��
A. Introduction
Non-commercial entities engaging in self-fueling shall also be required to fully comply with
applicable regulatory measures and submit an app[icatinn for a Self-F�eling Permit.
B. Permf#/Appraval
No Entity shall engage in self-fueling unless a �alid Avia�ion Self-Fueling Permit authorizing such
acfivity has been obtained from the Department. Such Entities shafl herein be r�f�rred to as self-
fu�ling Permittees.
The Aviation Self-Fueling Perm�t shall not reduce or limit self-fueling Permittee's o�ligatians wifh
respect to th�se self-fueling standards.
Prior to issuance, a self-fueling Permittee shaii provide evidence of ownership any Aircraft being
fueled by self-fue�ing Permittee.
C. Fueling Reporfs
On ar before the 15t'' calendar day af the s�bsequen� manth, a self-fue[ing Perm'itfee shall:
�. Provide a summary repor� ta the Department identifying the numb�r af gallons of a�iatian
fuel deliver�d to fuel storage facility by fuel typ�;
2. Prov�de �i11 of ladings, as rece{�ed #rom the fuel supp[ier for fuel de[ivered, in suppori of the
summary report; and
3, Pay the appro�riate fiees du� to the Depar�ment as stipulated in the Department's Schedufe
of Rafes and Charges,
Upon request, recards and meters shal[ be mad� availab{e for re�iew by the Depa�tment, or its
designated representative. In the case af a d�screpancy between the amount of fuel reporked to be
defivered ta the self-fueling Permittee and the amount �f fuel reported by the se[f-fueling Permittee,
the greater amount shall prevail and the self fueling Permittee shall promptly pay all additional fees
due the Department. The Department has the right fo terminate the self-fueling permit if any
��olations in reporting are faund.
D. Fuel Storage and �quipment
A self-fueling Permittee shall demonsfrate that satisfactory a�rangements have been mad� for the
storage o'f fuel thraugh self-fueling Permittee's f�el storage facility andlor equipment located in a
designated fuel storage area specified and appraved by the Department and agencies ha�ing
jur�sdicfion. Fuel starage tanks shall be for the exclusive use of the self-fueling Perm�tt�� only.
Entities au�horized by the
Department shall lease land and construct or install an abnve ground fue{ starage tank in the
designa#ed fuel storage area. In no e�ent shall the �otal sfarage capacity be less than the fal[awing,
f�r th� fue! type utilized, as specified on the self-fueling permit:
F.u�!'�:orog2 aii�i ���ui1>rnen� t _. . -._
- — — — . .. �� �7ViW FWS
Jet fuel
Storage - minimum total capacity (gallons)
Equipment — minimurn capacity nf a refueling vehicle
(gallons)
Avgas
Storage ar E.quipm�nf - minimum capacity (gallons}
T Q,Q00 10,D00 10,000
2,000 2,000 2,00a
750 750 750
o Refuel{ng vehicles s�all be for the exclusive use of fhe self-Eueling Aermittee oniy.
. Refueling �ehicles are nat permitted to leave the Alrport for the purpose of obtaining fuel.
. Fo.r each tvae fuel utilized, a fixed self-ser�ice fuel9ng system is optional. __
Dacumentation shall be available at the fuel storage facilities that identify the F'AA N-number{s) af
the Aircraft permitted to be self-fueled un�er the A�iation Se[f-Fueling Permit.
A self fue�ing Permittee shall be liable and shall defi�:nd, indemnify, sa�e, protect, and hofd harmless
the Depar�ment for all feaks, spifls, ar other damage that may result through tha handling, storage,
and dispensing af fuel.
Fuel deliveredldispensed by a s�lf-fueling Permittee shail fully comply with quality specifications
outlined in ASTM D1655 (Jet fuel) andlor ASTM D 1990 (A�gas), as applicable. Ensuring the quality
of tha fuel is the sale responsibility af the self-fueling Permi�te�.
�.e�tering, no less than six inches in height, shall be an the side of the refueling �ehicle that identifies
the FAA N-nurr�ber{s} of the Aircraft permitted to be selfi�fu�led under the Aviation Self-F'ueling
Permit.
Refueling vehicles and all fueling aquipmen� shall be equipped and mainiained fio fully comply with
applicable regulatory measures but not limited to those prescribed in Sectian �4.F. af these Minimum
Siandards.
A s�lf-fueling Permittee shall have satisfac�ory arra�gements made with a reputable aviatian
peiroleum supplier far the delivery ofi aviation fu�ls.
Prior to engaging in selfi�fueling, that includes transporting fuel onto the Airport, a seff fueling
Permittee shall provid� the Department with a written SPCC plan that meets applicable regulatory
measures for fuel storage faciliti�s and the self-fueling Permittee's activities. An updated capy of the
SPCC plan shall be fil�d witY� the Deparkment at feast 30 calendar days prior to any planned change
in operations.
A self-fuef�ng Permifte� shall develop and maintain SOP's #or fueling and shall ensure compliance
with standards sef forth in AC 00-3�A, "Aircraft Graund Handling and Servicing". A self-fueling
Permittee's SOP's shall inciude a training plan, fuel quality as5uranc� procedures and associated
record keeping, and emergency response procedures to fuel spills and fires.
�. Complrance with €n�ironmental Laws
Fuel storage andlor #he fixed fueling station and all fueling eauipment shall comply wifih all applicable
federal, state and local enuironmenta[ 1aws, rules and regulafians. A self-fueling Permittee shall
notify the Departm�nt immediatefy upon th� occurrence of any violatian of the environmental laws ar
any event that may affect the environmental cnndition of the fiu�1 storage facility andlor the fueling
station and all fuel�ng equipment.
F. Remedration and Insurance R�quirements
A sel#-fueling Permittee shail be fully respansible for the violatian of any env�ronrnental laws caused,
in whole or in part, by se[f-fiueling Permittee, its officers, a�ents, servants, employees, cantractors,
subcontractors, ar in�itees, whether such violation �ccurs during the currenf permit period, or during
a previous period in which the self-fueling Permittee operated the fiu�l storage facifity andlar �he
fueling sfatian and all fueling equipmenf.
As assurance to the Department thai the self-fueling Permittee is reasonably able fio comply with the
reauirements of this Section 17, the self-fueling Permittee shall procure and maintain an
Enviranmental Impairment Liability Insurance Policy that pravides coverag�, per occurrence, fior any
incidents involving �he fuel storage #acility andlor the fuefing staiian and all fueling equipment, in
accordance with the Departm�nt's Minimum fnsurance Requirements.
G. Personnel
With regard to safety procedur�s, self-fueling Permittee's fuel dispens�ng employees shal{ be
pr�perly trained in an FAA approved fiire safety �rogram, as defined in 14 CF'R Part 139.321 current
�arsion.
f�. Permit Revocation
A self-fueling Permittee shall not se[! andlor �ispense fueis to based Aircraft or transient Aircraft that
are not owned or leased, and operated by the self-fueling Permittee. Any such selling or disp�nsing
shall be graunds for immediate revocation of the self-fuefing permit by the Department.
V4
�xhl�Oi� �
A�'VV �irpo�rt ��I�s �nd ���ula�i�ns
February 24, 2021
For this addendum, the �erm "Operator" means a"Commercial
Operator", as described in �he City of �ort Wor�h A�iation Minimum
Standards.
A.� High Power �ngine Runs
The varied range of aircraft opera�ing at �ort Worth Alliance Airport
{AFW� include many powered by high-airflow turbo�et and �urbofan
engines. Maint�nance neeessary for �he propulsion sys�ems on these
aircraft require that the engines be run a� power-lever-angle �PLA�
settings sirnula�ing the installed operational flight pro�File. This high-
power run up stresses the engine and i� must pass �his test to be eleared
for flight.
The high-power engine runs take a considerabfe leng�h of time, and the
high-��locity, high tem�erature �^'1500 °�j, expansive noise contaurs
�dBA>100) characteristic of �hese run ups prohibit conducting ihem on
the operaior's ramp, or elsewhere on �he airfield without special
pro�isions. Alliance Air Services (AAS) can accommodate this testing by
utilizing ��, - i 1� . }��—. the blas�
walls �,'�� •� . � '� . , located
on �he '' ���� �--'�. , ��:' north
� ��;��� � ���� . � � �
ramp
to the GDC
shown in
:
ti.
�
� F.Y'�� .
�# �
� ��� � �� � �'�:
adjacent
hangar as
Figure �..
�
V4
To utilize this facility the aircraf� must be �taxied or iowed into posiiian
and secured by fihe opera�or. Operator personnel or �heir qualified
subcon�rac�ors will be requ�red �o initiate and moni�or the engine runs.
Also, �o mitigate th� o�erall risk of �his test a!� persons authorized to
supervise or directly pa.rticipate in engine ground running from the flight
deck who are not pilo�ks or flight engineers must have recei�ed bo�h
initial and recurrent qualification for engine ground running duties.
A.2 Airpor� �oundary Securi�y
US Code 14 CFR 1�9.335, "Public Prot�ction", and �he City o� Fort Worth
Ord. 16931, § 1., adopted May 9, 2�06, as amended "Fort Worth A1liance
Airport Access" both require that the airport be secure from �ntry by
non-authorized personnel, wildlife, or vehicles. As documen�ked in �he
Airpor� Certificafiion Manual (ACM), the principle means of achieUing this
requirement is joint participation by all operators on the airpor� to
de�elop or revise the seeurity sec�ion of the ACM plan. Key elements of
the plan are �1} personnel access control, and �2� perimeter con�rol - a
physical barrier �fence) around the airport boundary and assocEated
�echnology.
AZ.1 �ersonnef �ecurit�+
Author�zation for access to an operator's fiaciiities is the responsibili�y of
that operator. Identificaiion of personnef assigned to wark on �he
operator's ramp is necessary to mainta+n con�rol of �khe mo�ement and
non-mo�remeni areas. 5e1� badging of all personne� is s�rongly
encouraged. Training in the requiremen�s of Part 139.329f303 for all
personnel working on any public ramp is also required. All subcon�ractor
persor�nel or other non-cleared personnel v�rill be escorted by appro�ed
operator or AAS personne! a� all times. The operator must also inform
and train his personnel to remain on their ramp and to stay clear o�
z
va
taxiways leading to adjacent operaior ramps unless specifically cleared
for this access by ihe AFW Airport O�erations Manager.
A2.2 �erirne�er Integri�y
Perimeier security poses a significant challenge for the AFW. Layers of
security �hat include fences, cameras and patrols are necessary �o meet
the chalfenge of securing this large and complex airport.
The right of access to the airpor� grounds to conduct fligh� opera�ions is
granted io each operator by § 3-284 "Access Permit" of the C�ty Code.
Howe�er, § 3-283 "Off-Airport Parcel Uses; Access Area; Access
Taxiways; Prohibited Uses." provides that "the [opera�or's} access area
shal� be sepa�afied from the remainder of the off-airport parcel by a wall,
fence or other physieal barrier. The city or the authority responsible for
operaiion and safety of the airport [AAS] shall ha�e the right to enter the
access area to inspect or per�orm other regulatory requiremen�s. All
safety and opera�ional rules and regulations applicable to the airport
shall be applicable to loperator's] access areas. No rules or regulations
of the ci�y shall affect the access righ�, other than this article and the
regulations."
�ccordingly, the perimeter �Fence and entry gates surrounding the airport
are inspected da�ly by AAS to ensure they remain intact. However,
fencing and/or ga�es securing the operator facilit�es connect �o the AAS
fence to form the complete airport barrier. A breach of this par� of the
fencing thus cons�itutes a breach of the o�erall airport and requires
immediate notification of AAS and correc�ive action by the opera�or.
Failure to respond with the nec�ssary actions in a timely manner may
resul� in revocation of the operator's access permit as stipulated in § 3-
284 and/or shall consti�ute a misdemeanor and be punishable as
provEded in § 1-fi of �he City Code. It is thus required �hat the opera�or
verify the integri�ky of his por�ion of �he airport perimeter fence daily.
Physical inspeetEon is �he preferred means for doing this, howe�er, a
3
V4
com�ination of inethods us�ng CCTV cameras, mo�ement sensors,
and/or FAA�approved drone fly--o�ers are also acceptable.
���� �����
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Adopted by the Fort Worth Giky Council
Septernber 15, 2d20 :
M&C 20-0638 .
Re�ision Dafied: April '1, 2021
MS�C 21-018'i
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�rrternnt�a�ao! 1++��urt
TABL� O�CONTENTS
AViA710N DIf2ECTOR AUTHORITY— QEPARTMENT OF AVIATIO�I (DOA) ........................................... 4
ANNUAL ADJUSTM�.NT QF RATES AN� CHARGES ............................................................................... 4
LANDING ��ES FOR ALLIANCE AIRPORT ............................................................................................... 4
CommercialLanding Fee ..........................................................................................................................4
Non-Gommercial Training or Maintenance Landing F�� .......................... Errar! BooEcmark not defined.
Military Operations Landing �ees ............................................................................................................. 4
OFFICE SPACE ...................................................:.......................... .... 5
......... ................................................
Meacha�n Admir�istra#ion Buflding ............................................................................................................. 5
Meacham Administration Buiiding — 3�d Floor Conference Cent�:r ............................................................ 5
ENTRANCE SIGN — Meacham and Spinks airport .................................................................................. 5
HANGARSPACE ......................................................................................................................................... 6
7-Wangar Space - MEACHAM .................................................................
......................... ........................
T-Han�ar Space - SPINKS ....................................................................................................................... 6
BOXHangar Space - SPWKS .................................................................................................................. 6
CommunityHar�gar Space - Spinks ...................................................................................._..................... 6
StorageRooms - SPINKS ......................................................................................................................... 6
Aircraft Parking — Monthly {city managed ramp space only} .................................................................... 7
AircraftParking — �aily .............................................................................................................................. 7
LANDLEASE .................................................................................•............................._................,............... 7
Land Per Square �oot— Annua[ly ............................................................................................................. 7
AIRPORT ACCESS FE�S (THROUGH THE FENCE) ................................................................................ 7
Alliance Airport— Access Ordinance 16931-05-2006 ............................................................................... 7
U.S. CUST4MS F�ES .................................................................................... .............................. 7
...............
MEACFiAM 1NTERNATIONAL AIR�ORT ................................................................................................. 7
Meacham international and 5pinks Airports ................... ................. 8
AIRPORTFUEL ............................................................................................................................................ $
Fuel�arm USAGE fee ............................................................................................................................... 8
FuelFlowage Fe�s ..................................................................................................................................... 8
M15C�LLAN�OUS F��S ............................................................................................................................. 8
LataFees .................................................................................................................................................. 8
Fees related to bevelopment on an Airport (Including but not limited to Sur�ey, Easem�nts} ................ 8
LeaseAssignment Fee ................................................................................................................. .. S
Manth-ta-Month Leases ............................................................................... ............ 8
....... ..........................
CONTRACT AMENDMENT FEE .............................................................................................................. 8
Development/new lease(s) fee ................................................................................................................. 8
KeyCopy Fees .......................................................................................................................................... 5
LEASE VIOLATION FEES ........................................................................................................................ 9
PAGE20F10
�ao�iTioNA� PRovisioNs ....................................................................................................................... �a
Devefopment Application ...................................................... ... 10
...............................................................
Lease Expiratian Pena[ty .......................................................................................... .... i0
DEsclaimer............................................................................................................................................... ifl
PAGE30F1U
AV�AT[OM DIR€GTOR AIJTWORfTY � D�PARTAR�iVT OF AVIATIOAi (pOAj
The Qirector is authorized �o assess orwaive fees that are not specifically addressed in the Rates and Charges
such as the use of ofFice eq�ipment, carports, and rriisceqaneous construction by �epartment resources, feas
associated with private developmen# and other aviation reEated fees and charges that may occur on an
infrequent basis.
Lessee may not undertak.e or allow any party ta undertake any kind of alterations, erectian, improvem�nt ar
other construction work an ar to the premises unless it first requests and receives approval from the birector
or hislher aufhorizeci represen#ative.
These rates and charges pe�ain to all Fort Worth Airports unless oiherwise noted per sec#ion.
ANNUAL A�JL�SiIN�N'� O� Rr�i�S APID CF�AR{'s�S
Existing Lessee's which are subjeet to an annual Consumer Price Index (CPI} adjustment shall be adjusted by
ane point eight percent (1.8%) as of October 1, 202Q, per their current lease agreement. Month-to-month
leases will reflect current rates and charg�s as d�s�ribed belaw. The CPI adjustrnent is based on the
Cansur�er Price Index, ❑allas-Fort Worth for all Urban Consumers for All items for November 2099.
LAN�ING �'��S ��R ALLI.�4N�� �iR��R�
COhflM�RCIA� �APl�11dC ���
A Cammercial Aircraft Operation {Non-
Signatory) is ane that does not have a Use or
standard Cargo Carrier Operating Agre�ment
("Agreer�ent"} with the City of Fart Worth; and
conducts aperations at Fort Worth Alliance
Airport under �AR Parts 12'I, 12�, 129, 135 wifh
a Maximum Certified Gross Landing Illleight
(MCGLW) over 40,000 pounds. No fanding fee
is assessed at Meacham or Spinks Airports.
�Eon-SiqnatorV Landinq Fee Rate
The Non-Signatory Raie for Non-Signatory Airlines is $1,98 per 1,fl00 povnds maximum landing weight
effective 4/01/2021 — 913012021.
Landing Fee per 1,000 }aounds $ �.98
Minimum Landing Fee $ 400.00
Signatory Landing Fee Rate
The Signatory Rate is calculaied pursuant to the formula sc:t forth in the Agreement and is applicable to thase
Airlines that exec�te an Agreement with the City of Fort Worth {"5ignaiory Rate"}.
Landing Fee per 1,OD0 pounds $ 1.65
Minimurri Landing Fee $ 85.00
AAILITARY OPI�RATIONS {..ANDfNCy F��S
Mifitary operafions are exernpt from landing fees if the aircraft is acting on the behalf of the military und�r the
jurisdictional control of the armed farces af the United 5tates or the iVational Guard. Foreign military aircraft
are subjecf ko rates fisted above.
PAG�40F10
���ic� s��►c�
MEACFEAM A�MlPE15TRATION fSUIL�II�G
Lower Le�el $ 14.�plsq.ft.
First Floar $ '[6.501sq.fE,
5econd F'loor $ 'i7.501sq.fi.
Third Floor $ 18.5plsq.fit.
FBO Space $ 22.501sq ft
�ntrance Sign $ 100.00Imonth
Il��ACHAI�A ,"�MINISTRAT��I� BUl�91NG — 3R° F�OOR COfVFr�R�fdCf� C�I+�i'�R
'!?Ld:*L! :Q�+es �i�urly �ay Rate I
Tenant (8-51 M-F) � 50.0� $ 400.QQ
Tenant (Afterhaurs 1 Weelcencis ! HoEiday) $ 75.00 $ 675.0�
City Qepartrrtent {8-51 M-F) $ 2�.00 $ 250.00
Ci#y Department (Afterhours I Weekends 1 Hofiday) $ 3Q0.00
Nan-Tenant For-Profi�ICommercial (8-51 M-F) $ 500.00
Non-Tenant For-Profi�lCornmercial (Afterhours 1 Weekends 1 Holiday) $ 750.00
Nan-Tenant Non-Profit (8-5 I M-F) $ 25.Q0 $ 250.00
Non-Tenant Non Prafit (Afterhaurs 1 Weekends} $ 25.00 $ 300.OD
Additi�nal Fess
Refundable Deposit ' ;� �Op.QO
5et-Up & Tear-Down�` $ 75.40
Clean-tap Fee $ 75.00
*If mulfipl� room sat-ups are required, addifiona! set up fees may be assessed.
If tn� roam is needed for longer than 4 hours, an aefditional haurly rate wifl be deferrr�ined based on the e�ent.
Contact t�e A�iation Administrative Offices at 89i-392-54DD to obtain infarmation on the rental of the
Conference Center.
ENTRAWC� 51GP1— II��AGWARlI AIVD SPlNKS AIRP�RT
�nirance Sign $ 100.00lmonth
PAGE 5 O� 10
�AR�C�ea �PACL
'��IiANGAFt SPACE � MEACHAM
T-Hangar End Unit Space Im}�ro�ed $ 80,001manth
7-Hangar End Unit Space Unimpro�edlStarage $ 80.00Imonth
T-Hangar Space — 907 sf $ 425.00Imonth
T-Hangar Space — 983 sf & 897 sf $ 43�.00lmant�
T�WANGAR SF�AC� � SPIIdKS
858 square feet $ 325.00lmonth
1,Q08 square feef $ 350.401monkh
�,114 squarefeet $ 4.0O.00Imonth
1,386 square feet $ 475,00lmonth
1,650 square fest $ 50fl.001manth
1,698 square fee# $ 525.00Imonth
BQX HA�ICI�R SPAC� n S�IPIKS
3,OQ� square feek $ 95�.OQlrrmonth
3,600 square fee# $ 1,250.00Im�nth
6,600 square fee# $ 2,100.00lmonth
COMMUNITY HAAiGAR S�AC� - S�lPIKS
Singfe-engir�e ptston $ 225AOlmonth
Twin-engine pistan $ 320.00Imonth
S�ORAG� ROOMS � SPINKS
Small Open $ 36.O�Imonth
Large Open $ 72.QQIrr�anth
Clos�d $ 52.00/month
PAGE 6 OF 10
AtFtCRAFi PAFtKING — MONI"HLY (CI'1"Y AAAF+lAG�D �AAIiAAP S�AC� OhIL,Y}
12,50Q Ibs, and under $ 55.pQlmonth
12,501 Ibs. to 6Q,OOD Ibs. $ 600.00
60,00'f Ibs. to 'f00,040 Ibs. $ 940.00
1QQ009 Ibs., to 300,000 l�s. $ 1,840,Op
3QD,001 Ibs. and abo�� $ 2,250.OQ
AIRCIiAFT Pl�►RKING � QA1LY
12,540 [bs. and under (Meachart� & Spinks} $ 15,00
12,500 Ibs. and und�r (Alliancej $ 20.00
12,501 Ibs. to 60,000 lbs. $ 40.00
60,001 IEas, to 'fOp,OpO Ibs, $ 60,04
10�,001 lbs. to 300,000 I�s. $ 120.OQ
300,001 Ibs. and above $ 150.00
The daily rate will be applied for any parking or� pubfic aprons up to 24 hours. All weight calculatians are
based on Maximum Certifed Gross Landing Weight.
�A�V� ���OS�
LAAdD P�R SAUA�� �04� — APII�l1A1.L.Y
Ground l,ease Alliance $ 0.491sq.ft.
Graund Lease Meacham $ 0.471sq.ft.
Graund Lease Spinks $ 4.311sq.ft.
�I��O�� dCC��S ���� (Yli��l1(�H �'H� ��NC�')
ALLII�NC� AIRP�RT—ACC�SS OR�INANC� '16931-0�-a00B
Air carrier pr large aircraft user $ 1650.ODImonth
General aviation or small aircraft user $ 650AOImontf�
�l.S. C�I��Oi�l� f����
M�4CFiAM INT�RPIATI�NAL AIRFORT
�uring. Regular Business Hours $ 300.00loperatian
After Hours, Weekends and Holidays $ 500.00loperatiort
Disposal Bag Fee — First Bag $ 200.00loperatian
Additioroal ba s $ SQ.Qa1 er a eratian
PAGE 7 �F 18
iNEACHAAII INTERNATIONA� AND S�INi{S AIRPORTS
Fee is the land per square foot rate for the airport multiplied by the square footage of the hangar adjacent fo
the airField.
AIFt�ORi FU�L-
�U�� FARIW USAG� F£E
A monthly fee is assessed to any tenant that self�fue[s. This appli�s ta FBO Leased faciljties or non-FBO
leased facilities.
Monthly Rate
All Airparts $ 40�.00
�UI�L �1.01MAG� ���S
The follawing fuel flowage fess are estab[ished on all fue{ deli�ered to the airparts. Rates are rounded to the
nearest penny.
Fixed Based Operatars (Gallons) $ 0.1$Igallan
Self-Fueling (non-FBQ/Exclusive Use Tenant) (Gallonsj $ 0,291gallan
� Ope�ators wY�ich pay a landing fee at Fort Worih Alliance Airpork are exempt from the fuel flowage fee.
a Guidelines for fuel flowage are outlined in the Minimum Standards adopted as of August 15, 2�17.
MISC�LL,�N��l1S ���S
LATI� F�iES
Rent is due on the 15t of each month without demand. Monthly rentals and fees are suhject to a la#e charge at
th� rat� of 10% of the monthly rental rate for each manth, ar portion of fhe mo.nth, thaf any manthly installment
is past due. A separate computation and payrnent of such late charge shall be made on the outstanding
balance that is past due. Therefiore, if two monthly in.stallments are past due, the la#e charges shall accrue on
the total outstand'rng ba[ance.
���,S R��Ai�� TO UEVELOPt1R�fdT' QW AN l�IR�OR7 (Including but not limited to Survey, Easements)
The City of Fort Worth A�iation Department will obtain surveys on any property approved and negotiated fo
move forward with de�elopment. 7he survey fee ta be collected up front is non�refund.able and is based on
Surv�yor's cost �stimake. N�ed to change to [nclude any fees related to development....surveys, inspections
or easements...,but not limited to.
L�ASE ASSIGi�1MEf�i FFc�
Meacham and Spinks Airport: Upon appra�al, if a tenant assigns their right, title, and interest of their property
to another individual, a$1,000.00 lease assignment fee will apply.
t�AONTb TO iVlfONTb ��ASFS
Month-ta-month leases are subject to a'[0% premiurn abo�e the standard rate.
CONTRACT A(IAENDl4AEi�ET FEFc
Far tenant initiated contract amendments, a$ 4D0.00 fee will apply,
D�11ELO�NAENi1NEW LF�1S�{S) ��CE
Far new development application ar a new lease, a$ 1 Q0.00 fee will apply.
PAGE80F10
�r co�Y ���s
Repfacement of last keys or extra keys pravided far renta{ spaces are $ 1 Q.QQ each.
Keying fee, per door, is $ 50.00
GATE ACCESS
Each Card - $ 20.00
Access Renewal - $ 20.00
TQII Tag - $20.00
Rep]acerr►ent Cards - � 25,00
��AS� VIO�.I�T'IDN �'��S
In an �ffort to reduce the frequency of common lease viofations, and maintain consistency, the DOA has
established a lease violation po[icy. To cantinue as a top tier airpo�i it is important that Meacham International
Airport maintain compliance in a.11 areas of airpnri operations. L.ease �iolations include, but not limited to, the
following �iolation types:
Examples af q�neral violatians repuirinq sqecified time for corrective ackion
� Overgrown weedsl�egetation
. DebrislTrash
p Recreational �ehicles
� Failure to obtain required �OA appravals
� Leftover construction materials andlor equipment
Ex�mples of Lease Adherence Violations:
� Failure to submit proaf of insurance andlor insurance ren�wals
o Repetitive �ast due notificaiions
m Failure to meet cantracfival deadlines
�xamqles of safetv and securitv �iolations requirinq imrr�ediake correcfive action
g Unauthorized parking of any kind
• Unauthorized gate access
� Ofher safety vioiations
o �ther security vialations
Lease violation fees wil[ be imposed as follows, for occurrences of the same violation iype
General, Saf�tv, and Security Violation Fees:
'15r occurrence - �er�al warning
2"d accurrence - written warning
3"� accurrence - $ 100.00
4Fh occurrence - $ 5a0.00
5�h occurrence - $ 500.00, incl�ding, and up ta Lease termination.
Lease Agreement Adherence Violation Fees:
'f st Letter - $ 35.00
2�d Letter - $ 70.00
3"� Letter - $ 1 �5.00
At the discretion of the DOA, Safety and 5ecurity vidlations may be subject to an immediate maximum �es
without �erbai or written war�ing.
Affer the fifth occurrence of the same violation, Lessee shall maintai� no violations far twelvc� {92) calendar
months ta a�oid furkher ac#ion, including Lease terrnination.
PAGE 9 OF 10
ADf�1�f8f�Al. F�RB�'ISIONS
��V�1.0�141PEN7 A#'PLIGAiIOW
For any de�eloper w�o wishes to enter into a ground lease with associated mandatory improvements, a Fort
Worth Aviation Departmenf Ap}alicaiion must be complet�d and submitted, along with the new development
fee. The information submitted must inelude all additional materialsldocumentation requesfed on the
application. Once sfiaff is in receipt of the compl�:te packet, staff will begin the re�iew process to determ�ne if
the proposal is in the best interest ofithe Airport. 7he initia{ review pracess will not commence until all requesfed
materials are submitted.
��A�� �XF'lRAiIOM I�I�Idl�,LTY
Any lease agreement �hat expires prior to the execution af a renewaf [ease where the tenant had at least 30
days to execute a new fease prior to the expiration of the existing lease shall be subject to a Lease Expirat9on
Penalty.
Such agr�;ement shall automatically re�et# to a. ma.nt}�-to-month occupancy status and the tenant may be
required ko pay a premium equal ta 10% of the A�iation Deparkmenf established fair market rental rate in
additian ta the standard base rental rate, �ntil such time as either a perman�nt lease is executed or the tenant
�acates the premises.
DISCE�AIM�R
Any additional Rates and Charges will be at Market Value
PAGE 10 OF 10
Exhibit C
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Exhibit D
Exhibit D— Affiliate Ope�ating Agr�ee�ie�at
FORT WDRTH ALLIANCE AIRPORT
FORM OF AFFILIATE OPERATING AGREEMENT
ARTZCLE I- SCOPE QF AGREEMENT
This Agreezneilt bet�veen the City of Fort �Vor�h (the "City"} and _(ehe
"Affiliate") grants to the Affiliate certain rights to use facilities io conduct its air transportatio��
business as an Affiliate of [SIGNATORY AIRLINE] {the "Signato�ty Aixline") at �'ort Wort�
AJ.lianee Auport (1;he "Auport"). The Cargo Carrier Operating Agreement between the City and
tl�e Signatary Airline, effective as oi April 1, 2021 {ihe "Cargo Agzeement"), gives the ,Signatory
Airrline the appart�uiity to designate an Af�'iliate if certain conditions ar•e znet. The intent af this
A�;reement is to adopt by refer�nc.e various specified provisions of the Cargo Agreement, and
n-iake them applicable to the Aff'iliate. In consideratron o�'tlsese benefits, the Aff liate agrees to
abide by all of the tenns and conditions of this Agreement.
ART�CLE 2 - DEFINITIONS
AIl capitalized teizns used in this Agieement, if'�ot defined withi.n this Agreement, shall
have tkie rneanings speci�ied i� Article 1 o�'the Cargo Agreement.
ARTICLE 3- TERM OF AGREEMENT
3.01 Effective Date. This Agreement shall tak� effect as of the date specifzed in
Section S..I .1 af the Cargo Agreement as th� effective daie of the Signatory Aixline's designation
of the Afizliate, which desigriaiion and eff�ctive date sS�all be provided to the Czty in t11e form
attack�ed as Exhibit 1 and made a part hereof.
3.02 Termination Date. This Agreement shall terminate as of the earIiest af (a} tl�e
expiration or eatlier �ermination daie of the Cargo Agreement; (b) �he tez-nn:�axatzoz� date af this
Exhibit D— Aff liute Ope�atang Ag�eerixe�at
Ag�-eement as provided iz1 ArticIe 11 helow; or {c) the effective date of the Signatary Airline's
termination of the Af�liate's status as ai�. Affiliate oft�e Signatory �lirline in accordance witll
Section 5.3 af tl�e Cargo Agreement which tez�niz�atioz� and effective date shall be provided to �he
City in tlze forin atta.ched as Exhibit � and made a�az�t hereo£
ARTICLE 4- USE OF THE ATRPORT
For fhe operafiion of the Affiliate's Air Transportation B�.isiness as an Affiliate of the
Signatory Airline, the Aff'iliate shall have the sazn.e �ights as the Signatazy Airline under Articles
2 a�d 3 of the Cargo Agreement and shall be subject to the sa�e exclusians and canditions
applicable to the Signatory Airline thereunder.
ARTICLE 5- FEES AND CYIARGES
The Landing Fees and ol:her fees charges due ta the Czty for the Affiliate's use of tlie
Airpnrt facilities as an Affiliate of the Signatoty Airline shalI he calculated an.d paid in
accardanc� with Ar�icle 4 of the Cargo Agreetnent. Airline is subject to t�e sa�ne terans as the
Signatory Airline rega.rding Section 4.5 of the Caz�go Agreement. The Security Deposit
requirements of Section 4.6 shall not apply to the Af£'iliate.
ARTICLE 6— AFFIL,TATE REPORTING AND PAYMENT OBLIGATIONS
The Affiliate shall comply with and remain subj ect to Article 5 of ihe Carga Agreement,
and to remai�, �nrit� the 5ignato�y Airline, jointly and severally liable ta the City for paymen.t of
all Airline Rents, Fees and Charges and for subnaisszo� of aIl acti�ity reparts that are d�e to the
City for the Affiliate's use af any Aiiport faczlztzes as an Affiliate of thhe Signatary Airline.
If' the Af�iliate execute� and delivers to the City a cargo carrier agreemez�t in substantially
the same form as the Cargo Agreement, and thus itself becornes a"Signatory Airline,°' the
Affiliate sha1l unmediately terrninate its status as an Affiliate af the Signatoiy Airline in wriiing
2
Ex�aibif D— Affiliate Operating �1 greenaent
to the City; provided, howevex, ihat unless otherwise agreed ta in wr-iting by the Signatory
Azrlule and the Ci.ty, the Affiliate shall remain res�o�sible to 1:he Signatory Airline and �he Ciiy
for al.l payment �d other abiigatioxis that survive tennination of this Agreement.
ARTICLE 7 —1NDEMNIF�CATI4N AND 1NSURANCE
7.1 L�demuzfieaiion 4bligations. The Af�'tliate shall be subject to at�d bound b}� the
sanne obligation ta iz�demnify each Inder�nified Party as provided in Section G,1 of the Cargo
Agreement.
7.2 Insurance Obligations. The Affiliate shaIl be subject to and bound hy the
insuran.ce obligations set forth in Sectzon 6.2 of the Cargo Agreement.
ARTICLE 8-- COMPLIANCE V�ITH LAWS
The Affiliate shall be subjeci to and bound by Article 7 of the Cargo Agreement.
ARTICLE 9— CIVIL RIGHTS AND AFFIRMATIVE ACTION
'I'he Affiliate shall be subject to and bound by Artiicle 8 of the Cargo Agreement.
ARTICLE 1 D-- NO LEASE
This A�reement does not constitute a leasa between the Affiliate and the City with
respect to any pr�mises, facilities, ser�rices, ec�uipment, or otherwise at the Airport.
ARTICLE 11— DEFAULT AND TERII�LINATION
21.41 Default. Th� occurrenee of any event described in Section 9.1 of the Cargo
Ag.reement involving the Signatory Airline or the Affiliate shaI1 be considered an event of
default by the Af�liate.
21.02 Remedies. If the Af�Iiate shall he in default undez- this Agz-e�;ment, the City shall
have the right to tet7ninate this Agreement under Seetion 9.2. I�a) of the Cargo Agreen�ent.
ARTICLE 12 - ENVIRONMENTAL
Exlxi�it D —Af"filiate QpeYutin�Agreerazent
12,1 Envixozu�aental Compliance. The Af�iliate shall be subject to ajid bound by
Sections 111 through 11.6 and Sections 11.8 through 11.11 of the Cargo Agreement.
12.2 Ei�viroivnental Iudemnitv. The Affiiiate shall be subject to a�nd bound by the
�ame obIigation to indernnify the City as provided in Seetion 11.7 of the Cargo Agreement.
ARTICLE 13 — A,SSZGNMENT
Airlu�e shall not, directly or indirectly, assign, sell, hypnthecate or otherwise transfer this
Agreement.
ARTICLE I4 - MISCELLAN�4US PROVISIONS
Tk�e Aff'zliate shaIl be subject to and bound by the pxovisions of Ar�icle 13 of the Cargo
Agz�eeznent,
ARTICLE 1 S - N4TZCES.
Except as speci�eally pravzded elsewhere in this Agreement, any notice given under this
Agr�ement shalI be in writiz�.g and s�all be delzv�red personally or sent by certified ar regisi�red
mail, postage prepaid:
Ta City:
Ta Affi�iate:
ox to such ot�aer respective addresses as the parties may designate to each other in writing froin
ti�ne to time. Notice by certified or registered mail sha11 be deemed given three (3) days aft�r the
date that such notice is deposited in a United States Post Office.
[T�ie reinainder of this page is intentionally left blanlc.]
�
Exhibit D— Af�liate Operating Ag,�eement
XN WZTNESS VVHEREOF, the par-iies i�tending to be legally bnund have execut�d this
Agzeemeilt this day of
CITY t�F FORT WORTH
By: _
Na�ne:
Title:
�a_
[AFFiLIATE]
By:
Name:
Title: �
E__xhibit A io Affilia�e Operatin� Agreement
DESIGNATION OF AFFILIATE
[AIRLINEj {the "Airline"), a Signatory Airline under the Cargo Agreement (the "Carga
Agreeinent") with tha City of Fort Worth (the "City"), effective as of , h�x•eby
deszgnates [AF�'ILXATE] (�lae "Affiliate"} as its Aifiliate at Fart Worih Alliance Airport (the
"Airport") in accordance v�ritl� and subject to Article 5 af t�e Car�o Agreement.
1. This designatian is effective as of , 20�
2. (a) Airline hereby represents ta the City that the Af£'zliate [checic at least onej:
❑ a parent or sut�sidiary of Airline or under the same parental control as Airline, or
❑ otl�erwise operates under essentially tb.e same i�rade nasne as Airline at the Airport
and uses essentially the same livery as Airline, or
❑ operates caxgo feeder flig�ts ai the Airpott under the direction and control af
Airline.
3, The Aff'iliate has executed and delivered io the City an Af�iliate Operating Agreement as
required by Section 5.1.1 of the Carga Agreement.
4. The Airline herek�� confirms an�i agrees that the AirIine will pay to t�ie City all Airline
Rents, Fees artd Charges and otl�er cl�arges due to the City for the Affzizate's use of ihe Airport
faciliti�s �s an Afflzate ofihe Airline, and �ri11 subnut to the City the activiiy reports required by
��e�ion 4.4 of the Cargo Agreement and due to the City for the A�filiate's use of the 1'�,irport
faciIities as �aa Affiliate of the Air�ine.
5. The Airline con�rms and ag�-ees that it shall remain, wzth the Af£'iliate, �ointly and
severaIly liable to the City far the payment of aIl Landing Fees and other %es charges and tke
submission of all activity reports due to the City for the Affiliate's use of any Airpoz-t facilities as
an Af�liate of the Airline.
[AIRLINE]
By:
Name
Tit1e:
Date:
, Airline's authoxized repre5entative
�
Exliibit D— Affiliate Ope�ating Agreernent
Exhibit B to Affiliate O�eratin� A�reement
NOTICE OF TERM�NATIaN OF AFFILIATE STATUS
[AIRLINE] (the "Airline"), a Signatory Airline undei- th� Cazgo Agreement (the "Cargo
Agree�nent") with the City of Fnrt Wortb (the "City"), effective as of , hereby
notifies the City �hat t�e Airizne is terminating its designation of [A�FILTATE] (the "Af�liate"}
as its AffiIiate at Fort Worth A1liance Airpart in accordance with and subject to �ection 5.3 of
ihe Cargo Agreement.
This termination of ihe Aifiliate's status as an Affiliate of the Airline is ef£ectzve as of
[DATE, NOT LESS THAN 36 DAYS FROM THE DATE OF THXS NOTICE].
[AIRLINE]
By:
Naane
Title:
Date:
Airline's authoriz�d representative
7
�Il"�" �O�JR���6 �G��L�A
DATE: 3/9/2021 R��'�RI�NCE**M&C 21- L�G
NO.: 0�80 NAME:
�fficial site oF the City af Fort VJorth, Texas
����
55AFW AMAZON AFF[LIATES CARGO
CARRIER OPERATING AGREEMENT
C�DE: C TYP�; CONSENTPUBLIC N�
HEAR�FVG,
SUBJECT: (CD 7) Autharize �xecution of a N�w Carg� Carrier Operating Agreement with
Amazon.com Services Inc.'s Aifiliate Airiines as {dentified in Each Agreement as Atlas Air,
Inc. and Souihern Air, Inc. (Each Wholly Ow�ned 5ubsidiaries of Atlas Air Worldwide
Holdings, Inc.), and Air 7ransport International, Inc. (ATl), ABX Air, Inc, and Sun Country,
Inc. (Each W�olly Owned Subsidiaries of Air Transpor� Service Group, [nc.) af Fort Worth
Alliance Airport
RECONi11�END,4YlON;
It is r�commend�d that fhe City Council authorize the execution of a new cargo carrier operating agreement
with Amazon.com Services Inc.'s Affiliate A�rlines as Identified in each agreement as Atlas Air, Inc. and
Southern Air, Inc. (each a wholly owned subsidiary of Atlas Air Warldwide Haldings, Inc.), Air Transpar�
International, Ir�c. (ATI), ABX Air, Inc, and 5un Country, lnc. �each a who[ly owned subsidEary of Air Transport
5ervice Group, Inc.) at Fort Wort� Alliance Airpart.
D1SCU55fOP1:
On or about September 24, 20�f 9, an Informal Report informed the City Council that Amazon.com Services,
Inc. (Amazon) was op�ning a regional air hub adjacent to Fort Worth Alliance Airport {Alliance) and
construction was nearing completion with operations expected to begin by October, 20� 9. At that time, ihe
City granted Amazon's affiliate airlines permission to use tfi�e airpart �ia a cargo carrier aperating agreement,
whic� set fhe amounts for landi�g fees and ather special charges assessed at Alliance.
The Cargo Carrier Operating Agreements with Amazon's affiliate airlines are scheduied to expire A�ril 1,
20��, which aligns with Federal Express Carporation's Cargo Carrier Operating Agreement expiration
dat�. The short�term agreement a[lowed Amazon to begin their operations and flighis ouf of Alliance while a
longer-term cargo carrier operating agreement was being negotiated. Under the terms of the new operating
agreement, landing fee rates for Amazon's affiliate carga carrier airlines wiEl increase from $1.49 per one
ti�ousand pounds to $1.65 per ane thousand pounds. The landing weight is based on aircraft Maximum
Cer�ified Grass Landing W�ight (MCGLW).
Amazan current[y has #ive affiliate airlines that will b� operating out nf Alliance: Atlas Air, Inc. and Southern
Air, fnc. {each wholly owned subsidiaries of Atias AEr Worldwide Hold�ngs, Inc.), and Air Transport
lnternatianal, Inc. (ATl), ABX Air, Inc. and Sun Country, ]nc., (each whol[y owned subsidiaries of Air
Transport Services Group, lnc,). Each of the afFiliate airlines will entar into se�arate carga carrier apc�rating
agreements v�ith th� City on fF�e fQ[lowing t�rms.
A term beginning April z, 2D21 and expiring April 1, 2041
Landing F�es are basecf on MCGLW of aircraft landing at Alliance at a rate of $1.65 per one-thousand
pounds with an $85.00 minimum, adjusted annually based on the upward percentage ehange in the
Consumer Price Tndex (CPU}, or 85�% of the City's published Non-Signatory Landing Fee Rate, whichever
is the lesser.
Sp�cial Charges by the City may be assessed for parking on a public ramp, special licenses and permits,
special services requested by the Airline and cosis for remo�ing disabled airc�-aft, The ra�e for the
Special Charges is based on reasonable, doc€�mented out-of-pock�� casts and expens�s plus twelve
percen� (iZ\%).
Th� cargo carrier operating agreements associafed with Amazon affiliate airlines is projected to generate
first year revenue of approximately $1,557,2Q0.00. Under the Managemenf Agreemenfi batw�en the C�ty of
Fort Worth ar�d Aliiance Air Services, which manag�:s A�liance, Alliance Air Services recei�es sixty-five
percent (651%) of funds collected under t�e cargo carrier operating agreements and the Cfty receives thirty-
five percent (351°/d) of these funds. The funds are disbursed mo�thly ta the City of Fort Worth Aviation
Departme�t. The cargo carrier o�erating agreements comply with aPrport policy as well as City, state, and
federal guidefines.
A�VISORY BOARD APPROVAL: On February 4, 2021, the Aviation Ad�isory Board �oted ta recammend
that the City Councif appror�e the Cargo Carrier �perafing Agreements.
For� Worth Alliance Airport is located in CDLJNCIL DISTRICT 7.
�15CAL W�ORIVI/�YIDNICERTI�ICATIQI�:
The Directar of Finance certifies that upan approval of the abo�e recommendatian and execution of the
lease, funds will be deposited info the Municipal Airport Fund. The Avia�ian Department {and Financial
Management Services) is respansible for the collection and deposit of funds due to the City.
Fund � Department I Account � Project I Program Activity Budget Reference # I Amount
ID ID Year {Chartfield 2]
Submitted #ar Cify iVianager's Office by.�
Originating Department Head:
Additional Informatian Con#act:
F'ernando Costa {6122)
Roger Venables (54Q2)
Ricardo Barcelo (5403)
ATTAChiMEI�TS