HomeMy WebLinkAboutContract 58208 CSC No. 58208
FORT WORTH SPINKS AIRPORT
MONTH-TO-MONTH LEASE
COMMUNITY HANGAR E2, SPACE 7
LEASE AGREEMENT
This HANGAR SPACE LEASE AGREEMENT ("Lease") is made and entered into by
and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal
corporation acting by and through ROGER M. VENABLES, its duly authorized Aviation
Systems Director, and ROBERT B.RINER JR. ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee real property known as Community Hangar E2,
Space 7 at Fort Worth Spinks Airport ("Airport") as shown on Exhibit "A" attached
hereto and hereby made part of this lease in Fort Worth, Tarrant County, Texas,
hereinafter referred to as ("Premises").
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (1 st) day of each month
unless terminated by either party. In order to terminate this Agreement, a party must
provide the other party with written notice of its intent to terminate not less than thirty
(30) days prior to the effective date of such termination.
3. RENT.
3.1. Rent under Initial Term.
Lessee shall pay Lessor as monthly rent for the Premises the sum of Two
Hundred Twenty-Five Dollars and 00/100 ($225.00). Rental rates under this
Lease are based on Lessor's published Schedule of Rates and Charges in effect as
of the Effective Date of this Lease. In the event that this Lease commences on a
day other than the first (1 st) day of any given month, the first month's rental
payment shall be prorated in accordance with the number of days remaining in
that month.
3.2 Rent Durinp-Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same
time.
OFFICIAL RECORD
Community Hangar Space ROBERT B.RINER JR.,2E-Space 7 Page 1 of 18 CITY SECRETARY
FT.WORTH, TX
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first(1st) day
of each month. Payments must be received during normal working hours by the
due date at the location for Lessor's Aviation Department as set forth in Section
18. Rent shall be considered past due if Lessor has not received full payment
after the (loth) day of the month for which payment is due. Lessor will assess a
late penalty charge of ten percent (10%) per month on top of the entire month's
rent for each month in which rent is past due.
4. MAINTENANCE AND REPAIRS.
4.1. Maintenance and Repairs by Lessor.
Lessor agrees to perform minor repairs and maintenance on a timely basis
as required by the ordinary use of the Premises under the terms of this Lease and
which are not caused by any violation thereof by Lessee. Lessor shall have the
right and privilege, through its officers, agents, servants or employees to inspect
the Premises at any time. If Lessor determines that Lessee is responsible for any
maintenance or repairs required on the Premises, it shall notify Lessee in writing.
Lessee agrees to undertake such maintenance or repair work within thirty
(30) calendar days of receipt of notice. If Lessee fails to undertake the
maintenance or repairs recommended within this time, Lessor may, in its
discretion, perform the necessary maintenance or repairs on behalf of Lessee. In
this event, Lessee will reimburse Lessor for the cost of the maintenance or
repairs, and payment will be due on the date of Lessee's next monthly
rental payment following completion of the repairs.
4.2. Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times Lessee covenants and agrees that it will not make or suffer
any waste of the Premises. Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in
the same condition as originally received, subject to ordinary wear and tear
consistent with normal use over time. Lessee is responsible for all damages
caused by the negligence or misconduct of Lessee, its agents, servants,
employees, contractors, subcontractors,patrons, licensees, invitees or trespassers.
4.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to
enter the Premises at any time in order to perform any and all duties or
obligations which Lessor is authorized or required to do under the terms of this
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Lease or to perform its governmental duties under federal, state or local rules,
regulations and laws (including, but not limited to, inspections under applicable
Health, Mechanical, Building, Electrical, Plumbing, and Fire Codes, or
other health, safety and general welfare regulations). Lessee will permit the Fire
Marshal of the City of Fort Worth or his agents to make inspection of the
Premises at any time, and Lessee will comply with all recommendations made to
Lessee by the Fire Marshal or his agents to bring the Premises into compliance
with the City of Fort Worth Fire Code and Building Code provisions regarding
fire safety, as such provisions exist or may hereafter be added or amended.
Lessee shall maintain in a proper condition accessible fire extinguishers of a
number and type approved by Fire Underwriters for the particular hazard
involved. Lessor shall provide Lessee with advance notice of inspection when
reasonable under the circumstances.
5. ACCEPTANCE OF PREMISES.
5.1. Asbestos Abatement Activities.
Lessee acknowledges the existence of asbestos-containing material on the
Premises. After investigation by Lessor, Lessor represents that, to the best of its
knowledge, asbestos-containing materials exist on the Premises to the extent
identified in Lessor's Level II Asbestos Assessment Report dated October 12,
1992, a public document on file in Lessor's City Secretary's Office and
incorporated herein by reference for all purposes. Lessee covenants and agrees to
comply with all federal, state and local laws and regulations, now in existence
or promulgated in the future, which pertain to asbestos containing materials.
Lessee covenants and agrees to cooperate fully with any asbestos abatement
activity plan or asbestos operations and maintenance plan set forth by Lessor.
Lessee further covenants and agrees to notify and obtain written approval from
Lessor prior to Lessee's undertaking of any repairs, renovations, alterations or
improvements to the Premises or of any other activity, which might disturb
asbestos-containing materials. Lessee agrees that it shall be solely responsible for
all expenses of such activities. Lessor retains the right to perform or cause to be
performed air sampling on the Premises to check for the presence of airborne
asbestos fibers. Lessee agrees to allow Lessor full access to the Premises to
perform such tests. Lessor will make the results of any such tests available
to Lessee at Lessee's request.
5.2. Lessee's Acceptance of Premises.
Lessee agrees and covenants that it has inspected the Premises and is fully
advised of its own rights without reliance upon any representation made by
Lessor concerning the condition of the Premises. Lessee accepts the Premises in
its present condition as satisfactory for all purposes set forth in this Lease.
6. CONSTRUCTION AND IMPROVEMENTS.
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Lessee may not undertake or allow any party to undertake any kind of alteration,
erection, improvement or other construction work on or to the Premises unless it first
requests and receives in writing approval from the Airport Systems Director or
authorized representative. All such approved construction work on and improvements to
the Premises shall comply fully with the Americans with Disabilities Act of 1990, as
amended.
7. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Airport Systems Director or
authorized representative.
8. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related
commercial activities. It is specifically agreed and stipulated that the following
concessions are prohibited under this Lease, unless specifically approved by the Airport
Systems Director or authorized representative: (i) ground transportation for hire; (ii)
motor vehicle rental, including taxi and limousine service; (iii) food sales; (iv)barber and
valet services; (v) alcoholic beverage sales; and (vi) aviation-related sales of pilot
supplies.
9. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport
Systems Director or authorized representative, create, install and maintain signs in the
Terminal indicating Lessee's business. Such signs, however, must be in keeping with the
size, color, location and manner of display of other signs throughout the Terminal. In
addition, Lessee may, at its own expense, make, install and maintain a sign outside the
Terminal on Lessor's property subject to prior written approval by the Airport Systems
Director or authorized representative as to the sign's placement, appearance, construction,
and conformity with applicable City Code restrictions.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises
resulting from the installation, maintenance or removal of any such sign. Lessee also
agrees to remove any sign at its own expense immediately upon receipt of instructions for
such removal from the Airport Systems Director or authorized representative.
10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
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10.1. All fixtures and items permanently attached to any structure on the Premises
belong to Lessor, and any additions or alterations made thereon, shall
immediately become the property of Lessor.
10.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building
or other structure which, in the opinion of Lessor, would limit the usefulness of
the Airport, constitute a hazard to aircraft or diminish the capability of existing or
future avigational or navigational aids used at the Airport.
10.3. Lessor reserves the right to close temporarily the Airport or any of its facilities
for maintenance, improvements, safety or security of either the Airport or the
public, or for any other cause deemed necessary by Lessor. In this event, Lessor
shall in no way be liable for any damages asserted by Lessee, including, but not
limited to, damages from an alleged disruption of Lessee's business operations.
10.4. This Lease shall be subordinate to the provisions of any existing or future
agreement between Lessor and the United States Government which relates to the
operation or maintenance of the Airport and is required as a condition for the
expenditure of federal funds for the development, maintenance or repair of
Airport infrastructure.
10.5. During any war or national emergency, Lessor shall have the right to lease any
part of the Airport, including its landing area, to the United States Government.
In this event, any provisions of this instrument which are inconsistent with the
provisions of the lease to the Government shall be suspended. Lessor shall not be
liable for any loss or damages alleged by Lessee as a result of this action.
However, nothing in this Lease shall prevent Lessee from pursuing any rights it
may have for reimbursement from the United States Government.
10.6. Lessor covenants and agrees that during the term of this Lease it will operate
and maintain the Airport and its facilities as a public airport consistent with and
pursuant to the Sponsor's Assurances given by Lessor to the United States
Government through the Federal Airport Act; and Lessee agrees that this Lease
and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
11. INSURANCE.
11.1. Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified herein, naming the City of Fort Worth as an
additional insured and covering all public risks related to the leasing, use,
occupancy, maintenance, existence or location of the Premises. Lessee shall
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obtain the required insurance in accordance with Exhibit "B", the "City of Fort
Worth Aviation Insurance Requirements" attached hereto and made part of this
Lease for all purposes.
In addition, Lessee shall be responsible for all insurance to any approved
construction, improvements, modifications or renovations on or to the Premises
and for personal property of Lessee or in Lessee's care, custody or control.
11.2. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option,
and Lessee will accordingly comply with such new requirements within thirty
(30)days following notice to Lessee.
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter as proof that it has
obtained the types and amounts of insurance coverage required herein. Lessee
hereby covenants and agrees that not less than thirty (30) days prior to the
expiration of any insurance policy required hereunder, it shall provide Lessor with
a new or renewal certificate of insurance. In addition, Lessee shall, on demand,
provide Lessor with evidence that it has maintained such coverage in full force
and effect.
11.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee's operations at the airport and to
provide that no material changes in coverage, including, but not limited to,
cancellation, termination, nonrenewal or amendment, shall be made without thirty
(30) days'prior written notice to Lessor.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent,
representative or employee of Lessor. Lessee shall have the exclusive right to control the
details of its operations and activities on the Premises and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees and invitees. Lessee acknowledges that
the doctrine of respondeat superior shall not apply as between Lessor and Lessee, its
officers, agents, employees, contractors and subcontractors. Lessee further agrees that
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nothing herein shall be construed as the creation of a partnership or joint enterprise
between Lessor and Lessee.
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR
WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANYRESULTING
LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE,
USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES,EXCEPT
TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR INTENTIONAL MISCONDUCT OF LESSOR..
LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAYLESSOR FOR
ANYAND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICHARISES
OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF
LESSEE, ITS OFFICERS, AGENTS,EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS,
EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY
PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH
BELONGS TO LESSEE, ITS OFFICERS, AGENTS,SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS,
AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED;
AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS
OFFICERS,AGENTS,SERVANTS AND EMPLOYEES FROMAND AGAINST ANY
AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE
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NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
14. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property
damage or personal damage, injury or death, Lessee hereby expressly waives its rights to
plead defensively any such immunity or exemption as against Lessor.
15. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
15.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thirty(30)days prior to the effective date of such termination.
15.2. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3,Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time,Lessor shall have the right to terminate this Lease immediately.
15.3. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach,default or
failure within the time period prescribed, Lessor shall have the right to terminate this Lease
immediately.
15.4. Rights of Lessor Upon Termination or Expiration.
Upon the termination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee agrees that it will return the Premises and all appurtenances and improvements
thereon in good order and repair and in the same condition as existed at the time this Lease
was entered into, subject to ordinary wear and tear. Lessor shall have the immediate right to
take full possession of the Premises,by force if necessary, and to remove any and all parties
remaining on any part of the Premises without further legal process and without being liable
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for trespass or any other claim. Lessor shall also have the right to remove any and all
fixtures or equipment that may be found within or upon the Premises without being liable
therefor. Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
servants, employees or representatives which may stem from Lessor's termination of the
Lease or any act incident to Lessor's assertion of its right to terminate.
16. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, or (2) deposited in the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: To LESSEE:
City of Fort Worth ROBERT B. RINER JR.
Aviation Department 3829 West 6th Street
201 American Concourse, Suite 330 Fort Worth, Texas 76107
Fort Worth, Texas 76106-2736 972-689-0669/rriner@robriner.com
17. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease without the advance written consent of Lessor. Any
such transaction attempted by Lessee without prior written consent by Lessor shall be
null and void. If Lessor consents to any such transaction, the respective assignee or
sublessee shall consent to comply in Writing with all terms and conditions set forth in
this Lease the same as if that party had originally executed this Lease.
18. LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost
and expense, shall liquidate and discharge the same within thirty (30) days of such
creation or filing. Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessor may terminate this Lease immediately.
However,Lessee's financial obligation to Lessor to liquidate and discharge such lien
shall continue in effect following termination of this Lease and until such a time as the
lien is discharged.
19. TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
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20. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use
of the Premises and Lessee immediately shall remove from the Premises any person
engaging in such unlawful activities. Unlawful use of the Premises by Lessee itself shall
constitute an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fire and Health
Departments; all rules and regulations established by the Airport Systems Director; and
all rules and regulations adopted by the City Council pertaining to the conduct required at
airports owned and operated by the City, as such laws, ordinances, rules and regulations
exist or may hereafter be amended or adopted. If Lessor notifies Lessee or any of its
officers, agents, employees, contractors, subcontractors, licensees or invitees of any
violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist
from and correct the violation.
20.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards, as
may be adopted by the City Council from time to time. Lessee shall be bound by any
charges adopted in the City's Schedule of Rates and Charges, as may be adopted by
the City Council from time to time.
23. NON-DISCRIMINATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part
of the consideration herein, agrees as a covenant running with the land that no person
shall be excluded from participation in or denied the benefits of Lessee's use of the
Premises on the basis of race, color, national origin, religion, disability, sex, sexual
orientation, transgender, gender identity or gender expression. Lessee further agrees for
itself, its personal representatives, successors in interest and assigns that no person shall
be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Premises on grounds of race, color, national origin,
religion, disablitly, sex, sexual orientation, transgender, gender identity or gender
expression.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all
times comply with any requirements imposed by or pursuant to Title 49 of the Code of
Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
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If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
24. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
26. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this
Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's
right to insist upon appropriate performance or to assert any such right on any future
occasion.
27. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this Lease or by Lessee's operations on the Premises, venue for such action shall lie in
state courts in Tarrant County, Texas, or the United States District Court for the Northern
District of Texas, Fort Worth Division. This Lease shall be construed in accordance with
the laws of the State of Texas.
28. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and
either party should retain attorneys or incur other expenses for the collection of rent, fees
or charges, or the enforcement of performance or observances of any covenant,
obligation or agreement, Lessor and Lessee agree that each parry shall be responsible for
its own attorneys' fees.
29. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
30. FORCE MAJEURE.
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Lessor and Lessee will exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but will not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including,but not limited to, compliance with any government law, ordinance, or
regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural
disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of
government; material or labor restrictions by any governmental authority; transportation
problems; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any States; civil disturbances; other national or regional
emergencies; or any other similar cause not enumerated herein but which is beyond the
reasonable control of the Party whose performance is affected (collectively, "Force
Majeure Event"). The performance of any such obligation is suspended during the period
of, and only to the extent of, such prevention or hindrance, provided the affected Party
provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of
the Force Majeure Event, with the reasonableness of such notice to be determined by the
Lessor in its sole discretion. The notice required by this section must be addressed and
delivered in accordance with this Lease.
31. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective parry, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the
entity. Each parry is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
32. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
33. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Lease, Lessee certifies that
Lessee's signature provides written verification to the City that Lessee:(1)does not boycott
Israel,and(2)will not boycott Israel during the term of the Lease.
34. ENTIRETY OF AGREEMENT.
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This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease
shall not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
[Signature Pages Below]
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the 51f11 day of ��� ,2022.
CITY OF FORT O TH:
Ro e�M. en ble
Aviation/System irector
Date: V01�7�o�Z
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared ROGER M.VENABLES, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
aaNZER MY HAND AND SEAL OF OFFICE this day
,2022.
`�`pµY j#jPUd BARBARA JEANETTE GOODWI
?i -Notary Public,State of Texa
�9 ,,, +P� Comm. Expires 09-12-2023 otary blic in d for the tate of Texas
°;,,��` Notary ID 125732741
APPROVED AS TO FORM ATTEST:
AND LEEGGALITY:
By: c %� By: ette S.Goodall(Oct 7,202217:3,2r
Thomas Royce Hansen 444�nu Jannette S. Goodall
apF Fr� �
Assistant City Attorney ��060........°°4& City Secretary
a o9dd
M&C: None Required
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OFFICIAL RECORD
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7 CITY SECRETARY
Page 14 of 18
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of uding ensuring all performance and reporting requirements.
Barb Goodwin
Real Property Manager
LESSEE: ATTEST:
ROBERT B RINER JR.
;k, 7,11
By: By:
ROBERT B. RMR JR.
Date: o 3 `Z
STATE OF TEXAS §
COUNTY OF j,Q geA�J7 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared ROBERT B.RINER JR.,known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
ROBERT B. RINER JR. and that he executed the same as the act of ROBERT B. RINER JR. for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 r j day
2022.
t
Notary Public in and for the State of Texas
�P�YpjJ , 6RIAN CARTER
11
T gYPUBLIC
' i I1�Syel 102
Coma.� 41,2025
OFFICIAL RECORD
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7 CITY SECRETARY
Page 15 of 18
FT. WORTH, TX
EXHIBIT"A"
FORT WORTH SPINKS AIRPORT LuaMd.,way—h UPIMTEn 10M3/au
Tenant Exhibit:Community Hangar E-2 N
-__nTE-"*'.--_� E- --,
DOCP
I I I I
1 I �c;,n<-d occwkd omq-d ocnpd
I I I 1
I I I I
1 1 1 I
LI I I I
oT CIMPFHItY N ME i iMOT CUnIRNRY w vS
I I I I
I 1 1 I
1 1 o¢uped RObRi" occupietl omged _ 1 I
� C40v 1 1
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7
Page 16 of 18
EXHIBIT"B"
FoRr Wow
�tIATUNt EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
Pro1y ConomwaM Hsngarkaoq-s Er avnenIN A*aan and Pass&Vw Auionwb!WbUltr (To
Y lnsuraM r General tJa�tlty hrqa*manl `ypSpy Mtaide Hired&Non-+OMaroad
Vary Ulb"oo vetwa m)
Fared Base Opeakrs(1790's) Yes 55000.40E 55.OW= 51,0KOW S 1-000.004
Araait MWaanaweOpWelor aid
oslcear*iatanerrMalrflerurKe $1,0DQ00C St,004,D00 S 1.000,400
••atd•PbA7a
MAVenanc&Operator and
-,Of haftsa ant MSNensnee S5 000000 51,00Q000 S 1.060 C*X
Ckpallsim-Turhm
AwnimoiMatumertMslrasnance 51,40DIXlC S 1,ODD,D00
Operator manch wok Onlyi
Syr SlAw 00- - St_ -,,.-_ S 1,DDDLUOD
: ca
alit Chalk- , SSD
$ 1.D46,LG0
NKn*Silas Operala S1.ODDAO Sl'C:.. a = t.O1D,D00
si- a
Aitrsan Sboroge OW&t&
S5,DW,0W SS.D04.OW S 1,444.040
Aweden Ser**Sob Prom - 51,004AD_ S1.0w.040'aorrrrarrce 5 MAW
5100'000Jpasser &
06w Odrmerew Aeomorm ea'
Aetirfles S1.004.DX. S"'Oopfocww S imo'000
TempdarySpeasizedA.+:.. 51,000.000 S300.0DW1Yeur1er'r_r 5 1.000;0100
sere Vopftoof
Non-CdrrneraY Hangar Less- "W.000ioearrwfca S 1 jD00A 0
Non•Comxrdd Ftying Club s 1,DDD.000
Non-ConvroercmWSdf-Fudrng 5 1'wD'0D0 51.0rr=a 3300Mobcowav* S, 1,DOQ000
Peratlee fjd Fud&xft A
Non.Corn nerad Self.Fuelto;
P&rtrtaee 5500.000 &3DDACIDbec rrence S 25Q04E
ARamaHve Fads e
BoxHanoer T•Hmipar Carmu, 33MOONCeccrrence S 250000
Ha-:-,;
O!f - —L.subject to jefmnw"bcn by Avalon DapafC;i`",1 me Risk Moo ayev:Yem
i�tWipAll�arl/MplbltaxbtryarltrMr!ad bletlllMns�lilt�bbtiti�r
#011Y111t0/bllrb SSMMI11111afta tdrrMpWLainy
4ftCMdf<at1t11h0dW11SraMt WASAfrldMUM 1�Ilrs�l`A4MShy
�MlfttatlMtbl uwArttneaff�IftlsyudeurttelfR>wl1YA.�tiral��ettlrdf�wt}tlf�ibratbt�tepRtlletttlsrr�tl�bidardaattftr�e
Coartrape Per arena eltotld be eptdvdwd to aw,serape arcmft wYue a one time aM$overage per ocrartenoe snnild Ee egwatxu to Inr f ry _'. -
nralnttrtt%Alta of I"a*erdt at ate!lane,tea not b"Imt V*amouu nbbeA above
r must*trld&flew" heYumon Ce.>!aepe
19$*elan along&operas is poewang 3taleasing space far aircraft storage
Or y fe**ed for!flow protsaifng ffight Iraift c$on
=Depends on bvne of Ise tease agreement
'if wehkle ked U daek-State mwnumm wcutd aWy
AvIstion Minimum Standards, Cty of Fort worth Aviation Oepa Woent(D603/ 14)
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7
Page 17 of 18
DEFINITIONS:
Coverage for the Baxildrig Includes(out is not limited to}the building and structures.completed addmors to cowered
buildings,outdoor fixtures,permanently etstaled fixtures.mactrtery and equpmertt The building matennal used to
marKait and service the insured s premises rs also insured- Business Personal Property owned by the insured and
used in die nsured's business is covered for direct loss or damage. The coverage Includes(bur a not fmded to)
funtitue and futures stock,improvements and betterments,leased property for which you have a contractual
obigabon to insure and several ocher sirniar busiriess property tams when not specifically,excluded from coverage-
The poky a also designed to protect the insured against lose or damage to the Personal Property of Onners while
in the nureda care,custody and control
PROPERTY INSURANCE
Siaktess noome(sometimes called Business Iraerruptvorn)affords protection against the lose of eanwgs of a
ousin ess dung the time required to rebind or repair covered pfoperty damaged or destroyed by fire or some other
insured cam of loss.
Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cause of loss. These expenses could include rent,utillbes,moving
expenses.telephone,advertising and labor.
This coverage protects the nrwaxred for bodily ryrry or property damage to the thrd parties,for which they are legally,
table The poky covers accidents occurring on the promises or away from the premises. Coverage is provided for
ryury or damages arising out of goods or products made or sold by the named issued. Coverage is afforded for
the named insured and employees of fie named insured-however,several ndviduals and orgeriaabons tithe than
the named insured maybe covered depending upon certain circumstances specified n the policy to addition to the
limits,the policy provides supplemental payments for attorney fees,saint costs and other expenses associated with
a clam or the defense of a iabdty suiL
Coverage A-Bo ft tnj"and Property Damage LWiftir
COMMERCIAL GENERAL Bodily aqury means physical niluy.sickness or deeaae,including death.. Property Damage means physical irk
LIABIITIY to tangible property.itdk,drrg the resulting loss of use of that property.
Coverage B-Personal Injury and Advertising injury Liability
Personal kyury means false arrest.makious prosec~,wrongful entry or eviction.libel,slander and violations of
a person's right of privacy. Advertising tnlury means libel,slander,disparagement..waxations of a person's right of
privacy,misappropriation and copyright infringement.
Coverage C-Medical Payments
Medrai Payments means medical expenses for bodily wifury caused by an accident.
Insures the hanger operator for legal obigabons to pay damages dare to loss to an aircraft that occurs when the
HANGARKEEPERS arcraft is in the cam,custody or control of the Insured for safekeeping,storage.servile or repair.Coverage
LIABILITY ar'ns involving an arcraft's loss of ise-
Ir:_• _:tan exposure associated with the Insureds property and operations,Iriclut hg costs of cleanup arvi
remedial or oorreralve action due to a third-party demand or a govermnant order.The PoMllon exclusion in ge-Ef a,
ENVIRC)MEYfAL mobility insurance effeclive•+n' -lmxnetes coverage for damages for bodily 0",property damage and cleanup cc sts
IMFIRMENT LIABILITY ansirg from most types of.r,. ^r.everts Because of this,cxslommad praftw wi for this pohdon exposure of
numerous insureds in this:, ;
Coverage geared spea6caii;t,:-_•.r_-it--cif aircraft and the rialls involved ii avieWn.Aviation insurance
policies are distinctly different from those for other areas of trarrporfaBort and lard to incorporate aviaion
AIRCRAFT AND terminology,as well as terminology,Irrrtts and clauses specific to aviation insurance-Passenger liability protects
PASSENGER LIABILITY passengers"IV n the accitlett arO$t exho era nlcred or kited.in many countres this coverage s mandatory
only for commercial or large arrreft.Coverage is often sold on a`per-seat"basis,whin a specified knit for each
passenger seai-
The liability coverage of the Bus„;.. iganst legal liability arising out of the
AITrOMOBILE LIABILIry o irp,maintenance or use or air.: rsurea auuxrr:oGxk. i r. m tng agreement agrees to pay for bodily n, y
(TO INCLUDE HIRED& or property damage for Mitch the insured is legally,responsible because of an autontobie accident The policy a so
NON-OWNED YETII("LESI stases that inaddition to fie payment of damages,the insurer also agrees to deknd the marred for al legal
in
cost. The defense s in addition to the policy knits.
WAIVER OF In agreement between two parties inarty which one p agrees to carve subrogaban nghts against another n the
event of a loss. The inert is to preverd one party's Ins*rer from pursuing subrogation aganst the odrer party.
SUBROGATION
Community Hangar Space—ROBERT B.RINER JR.,2E-Space 7
Page 18 of 18