HomeMy WebLinkAboutContract 58249 CSC No. 58249
FORT WORTH SPINKS AIRPORT
MONTH-TO-MONTH LEASE
COMMUNITY HANGAR E2, SPACE 5
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 DANNY HENDRIX("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
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Lessor demises and leases to Lessee real property known as Community Hangar E2,
Space 5 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(1st) 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 (1st) 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 During Renewal Terms.
OFFICIAL RECORD
CITY SECRETARY
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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.
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.
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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 Lease or to
perform its governmental duties under federal, state or local rules, his
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
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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.
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.
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10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
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.
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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
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. Adjustments 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
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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 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 ANYAND 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 RESPONSIBILITY AND AGREES TO PAY LESSOR
FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH
ARISES 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,
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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 FROM AND AGAINST
ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE
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.
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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
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 Danny Hendrix
Aviation Department 4117 Hollow Creek Court
201 American Concourse, Suite 330 Aledo, Texas 76008-5207
Fort Worth, Texas 76106-2736 817-675-7243 /flyboy489m@gmail.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.
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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.
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.
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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.
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 party shall be responsible for its own
attorneys'fees.
29. SEVERABILITY.
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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.
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 party, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the
entity. Each party 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
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"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.
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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the J,&� lay of G2ra 4 , 2022.
CITY OF FORT WORTH:
B
R ge M. en les
Aviation yste s LArector
Date: / /off
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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this OzL day
C!� 52022.
�",1�a, BARBARA JEANETTE GOODWIN �A.L"
J�tiP0101i �
:20; ;Notary Public,state of Texas
'rc Comm.Expires 09-12-2023
Notary ID 125732741 Notary Pu lic in d for the tate o exas poa4F oar
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APPROVED AS TO FORM ATTEST: P�� 0000 �c�d
AND LEGALITY: NZ,nEXA`�aAp
By: By:Jan nette S.Goodall(Oc 14,2022 15:32 CDT)
Thomas Royce Hansen Jannette S. Goodall
Assistant City Attorney City Secretary
M&C: None Required _ V
OFFICIAL RECORD
Community Hangar Space Danny Hendrix,2E-Space 5 CITY SECRETARY
Page 14 of 18 FT.WORTH, TX
Cantratt Co mpliawe Manager-
By signing,S at knowledge that 1 am the persvi responsible for the monitoniug and administm6on
of this contract,imiuding ensuring all p+erforimme and reporting requirements,
Barbara Goodw'iln
Real Prop" Nlanager
tiI EE. ATTEST:
DANNY HENDRIX
By, Aau'K�- BY"
Danny Hendri
Daw — — r
STATE Of'TEXAS
COUNW OF h c-rra §
BEFORE ME the undersigntA autlerurity, a Notalry Public in arid for the Stoic of T xw. on
Phis day perrswally appcarcd DANf+jV HENDRIX,known to iTw to be the person whose now is
nubs;,ibed to the fbm-goft jast rntent.and a4lcnow1odged to me that lho narrre w&%the act of
DANN.Y HENDRIX and that he exe uled the sanw as flee act of D1'IItiLNY HENDRIX for tbr-
pwpom and cortsidcntion thmirk cxpretised and in the capacity therein stated.
GIVEN UNDER MY RAND AND SEAL OF OFFICE tWs play
r
+atary Pulijic in tknd kir 111e Stele. (pfTexas
`n+`"t�• KE+LSEY HOLIDER
#01:41y Plug*..Stets of Total
&*'or Oa 02.303E
Nolaty ID 13,2949531 OFFICIAL RECORD
CITY SECRETARY
Community rranv-t 5pac rlomyr 1wbom"21F.Spear 5 FT.WORTH,TX
pow is a l l!
EXHIBIT"A"
FORT WORTH SPINKS AIRPORT 12E4SW-,taLWayerxm UPDAT@ 090112022
Tenant Exhibit:Community Hangar E-2 N
I I I I
1 I
1 I PnW Gr.,:::
1 I I I
1 I
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1 1 I I
I 1 I I
INOTCIIakENTLY IN USE 1 4.07 CMENTLY IN 115E
I 1 I I
I 1 I I
I I
I 1 j j
I 1 I I
I I
I I I I
1 I
1 I I
1 I 1 I
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Tim apox uassper m�I.
Community Hangar Space Danny Hendrix,2E-Space 5
Page 16 of 18
EXHIBIT "B"
FO WORTH
MIAMI EXH161T B-MINIMUM INSURANCE REQUIREMENTS
Comn'efeial ErnironmenWl Aub mobie Liadlity (To
Category Properly General H Ll a lily rs impawnwill Alrcralt aril iity er anckide Hired&N'ott_aened
insurance Liability LiaWlity Liolity Liabiity vemlciiaes
1
Fixed Base Cperakvs(FBas) Yes $5,000,000 55,013111,0131111 31,DD0,DDG 1100,000
Aitejalt Maintenance Operator antl
Avibtlea or Instrument Maintenance y 51.1mOD.,O00 1 p06,D06
operator-Piston
Arrctan hiaintenanee operator&A
AviorJcs or IrstrunteN hfairrlenance 's 55 CaRcd0 5':,X0,13Cd 5 1,0dD,D00
D atur,Turbirie
Avionics ev Instrument Maintenance , $1,4100,000 S 1,000,000
Operator (Berrcfi wont Only)
Aircaalt Rental or FlIgN Training s 51,000,O00raccurrenoe
operator s 51,001B4O0D' sir A�possesnger 5 1,000,131113
Aacfan Crw W or Aircraft "s 55.00D,1)OOr000unrence
Management Operator s 51,DDO,DD0
SiDD,0OIlr�pasaenger
Akwan Sales Operator 51,0�,0� S1,O0D,DOWoccturence 5 1,ODD,DU0
s 5100,0MP"Senger
's 81,D00,DD0 51,QOD�OD
Aircraft Storage Operator
ro SS,O1)0,060' $5,D110,000 5 i'D00.0ca
Aviation Service5ok Ptopridor s 51,ODDpD0= S1,DOO,OOQrcccrrrrenoe 250,000
51�00,Ci0O�pas:errger' S
011m CCurrmefelai Aeronsuftal
Ae0M0es 51,000,D00 $X(l,0D1bctxrrence S 1600,UCC
Terxgiorary Spetlaimed Motion $1A0D,DD0 $X0,001li1uecxumve S 1,O00,DD0
ServiceO erakv
Nore-Conruerctal Hangar Lessee s Q,OD0ttrcaurrence 5 1,000,DDOn
Nom-Com etcial Flying CU.At s 31.,i100,D0Clrrrxurience 1,DOO,DIId
5100 DOQr seer er
Nonr-Com maul Self Fuelirry 1.,00D,DD0 $1,ODD,ODO _3G],ODLrvacourrertt:e 7A0D,DGd
Permltee Jet Fuel andibr Axsas
NormCorrnefcial wr Fuelln3
Permitee - $5DO,1ma $3DO,f101A4. rrerrce 5 25U01,
native Panels
Bm Hangar,T•Hangen,Comvmnk.� 53DOAOOi'acoutrence E 25RT01,
Hangar
Cheer :isnrarie rcquienients subject lu otlemilitation byA'vtaikan De pen4meM and Risk Marwwrierd.
Additional ansmrance Requienvsts
4�-ssee's p okles are to be primary Go arty atfiv valid wind oolleclble:nsurance&mllaW,to"City
-A0 polirres slra0 nrdude a Waiver of Subrogatbn do fovea of the Oily jemprarary SASO must also ImAdde Alrport Lessee)
-The City of Fed Worth sltwil be named as.Aelddicnrsl anamied jeftipuiary&r SG rnuag also Itvikide Au pot Lessee)
.Ped'ies shall hate no exclusion by endamermem which,nenttet nulify or annend the requtned lirw-s Of cmtitage,nor deaxesse Ve IimrOs of sold cmi ae�r
Cnhsaye per ai I At ahoil•.t be equivalent 10 ti'e aernraye sic-.ran value as avre time and ecverage per OLCunence sheukl be eyur:akmt W IYre a�kfaye of 114 e
rnaknuniri v:?rue rrt irarwl&rush at one time,but net(less than the atnraunt r d&J ab Lh*
Must UwJude Nagligern Inst vrAicn Cuoanage
If aircraft storage operator Is ptoklirxy suWeasirrg spate Tor aircraft storage
'Or*required for those proMlding fight Inattudi,n,
'Depolds on lean of the tease agreement
m It wehlde parked lar'daiide-State minimums msuld!apoy
Aviation Minimum Standards, City of Fort'Nutlit Avia0en D"rtment i,013MG0018)
Community Hangar Space Danny Hendrix,2E-Space 5
Page 17 of 18
DEFINITIONS:
Coverage far the Building includes(but is not Invited to)the butting and structures,completed additions to covered
buildings,outdoor fixtures,permanently nstafed fixtures,machinery and equipment The budding material used to
maintain and service the insured's premises is also hsured. Busness Personal Property owned by the insured and
used in the insured's business is covered for direct loss or damage. The coverage includes(but is not limited to)
furniture and futures,stock,improvements and betterments,leased property for which you have a contractual
otAgauon to insure and seversd ocher similar business property items when not specifically excluded from coverage.
The policy Is also designed to protect the insured against loss or damage to the Personal Property of Others while
in the insured's care,custody and conhrot
PROPERTY INSURANCE
Business Income(sometimes called Business Interruption}affords protection against the loss of earnings of a
business during the tune required to rebuild or repair covered property damaged or destroyed by in or some other
insured cause of loss.
Extra Experse allows coverage for those additional expenses over and above normal operating expenses paid du--
to damage to covered property from a covered cause of loss. TTase expenses could include rent,utilities,moving
expenses,telephone,advertising and labor.
Ttu coverage protects the insured for bodily injury o r property damage to the third parties,for which they are legally
►able_The policy covers accidents occurring on the premises or away from the premises. Coverage is provided for
injury or damages arising out of goods or products made or sold by the named'insured_ Coverage is afforded for
the named insured and employees of the named Insured,however,several individuals and organizations other than
the named insured may be covered depending upon certain circumstances specified in the policy. In addition to the
limits,d e poky provides supplemented payments for attorney fees,court costs and other expenses associaled with
a claim or the defense of a liability suit
Coverage A•Bocilly Injury and Property Damage Liability
COMMERCIAL GENERAL Bodily Injury means physical injury,sickness or disease,including death. Property Damage means physical k*zry
LIABILITY to tangible property,including the resulting loss of use of that property.
Coverage B•Personal his jury and Advertising Injury Liability
Personal Injury means false arrest,malicious prosecution,wrongful entry or eviction,libel,slander and violations of
a penon's right of privacy. Advertising Iniury means libel.slander,disparagement violations of a person's right of
privacy,misappropriation and copyright infringement.
Coverage C•Medical Payments
Medical Payments means medical expenses for bodily iryury caused by an accident.
HANGARKEEPER5 Insures the banger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the
aircraft is in the care,custody or control of the insured for safekeeping,storage,service or repair.Coverage
LIABILITY extends to InbEdy claims involving an aircraft's loss of use
Insures the pollution exposure associated with the Insureds property and operations.Including costs of cleanup ant
remedial or corrective action due to a third-party demand or a govermnent order.The Pollution exclusion in genera
ENVLRON12,JTA1, isbilty insurance effectivey eliminates coverage for damages for bodily injury,property damage and cleanup costs
IAIPIRMENT LUBILCIY arising from most types of pollution events.Because of this,customized protection for the pollution exposure of
numerous insureds in this category is essential_
Ca.*rage geared specifically to the operation of aircraft and the risks involved m aviation.Aviation insurance
policies are distinctly dflerent from those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND terminology,as well as terminology,Emits and clauses specific to aviation irsurance.Passenger fiabi6ty protects
PASSENGER LIAB[LSTy passengers riding cn the accident aircraftwho are it lied or kilad.In manycountries this coverage is mandatory
only for commercial or large aecraft.Coverage is often sold on a"per-seat"basis,with a specified limit for eac,
passengerseat.
The labiirty coverage of the Business Auto Policy provides protection against legal lability arising out of the
AUTOMOBILE LIABILITY ownership,mantenence or use of any insured automobile. The insuring agreement agrees to pay for bodily injury
(TO INCLUDE HIRED ffc or property damage for which the insured is legally responsible because of an automobile accident. The policy also
NUN OWNED VEHICLES► states that,in addition to the payment of damages,the in s.surer also agrees to defend the inred for al legal
defense cost- The defense is in addition to the policy limits.
WAIVER OF An agreement bet%een two parties in which one party agrees to waive subrogaton rights against another in the
event of a loss_ The intent is to prevent one party's insurer from pursuing subrogation against the other party.
SUBROGATION
Community Hangar Space Danny Hendrix,2E-Space 5
Page 18 of 18