HomeMy WebLinkAboutContract 58439 CSC No. 58439
FORT WORTH SPINKS AIRPORT
MONTH-TO-MONTH LEASE
COMMUNITY HANGAR E2,SPACE 4
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 ESTATE OF JAMES L. IRELAND ("Lessee"), acting by and through
Hayden C.Ireland,Jr., its duly authorized Independent Administrator.
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 4 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 (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.
OFFICIAL RECORD
CITY SECRETARY
Community Hangar Space—Estate of dames L.Ireland—E2-Space 4
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3.2 Rent During 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.
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'
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.
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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
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.
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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.
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 filly 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 fi•om 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 Coveraue 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
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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 THEPREMISES, 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 ANY RESULTING
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 ASSUMESALL RESPONSMILITYAND AGREES TO PAYLESSOR FOR
ANYAND ALL INJURYOR 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 MAYBE STOLEN, DESTROYED OR IN ANY WAY DAMAGED;
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AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS
OFFICERS,AGENTS,SERVANTSAND EMPLOYEES FROMAND AGAINSTANY
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. TERAUNATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
15.1. By Either Partv.
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
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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 Hayden Ireland
Aviation Department 3172 Hickory Ridge Drive
201 American Concourse, Suite 330 Winston Salem,NC 27127-6795
Fort Worth,Texas 76106-2736 704-957-3614/hirelandI na,triad.rr.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 parry 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.
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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.
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
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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 obseivances of any covenant,
obligation or agreement,Lessor and Lessee agree that each party 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.
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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 Parry'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
"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.
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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 patties hereto have executed this Agreement in multiples on this
the day of NOj/�� ,2022.
CITY OF FORT WO
By.
Roge Ve bl
Aviation Systems or
Date:
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.
GIVEN UNDER Y HAND AND SEAL OF OFFICE this day
2022.
LINDSEY DENISE CROCKER
Notary Public,State of Taxes
TZ Comm.Expires 02-07-2026
•,,,,,r Notary ID 133573854 Notary Public in and or the State of Texas
�.p-avvnn��
APPROVED AS TO FORM ATTEST: ° 11-4�''
AND LEGALITY: °o°o °
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By• L' By; Jannette S.Goodall(Nov 11,2022 09:37 CST) a�nEXA`��o
Thomas Royce Hansen Jannette S. Goodall
Assistant City Attorney City Secretary
M&C: None Required A
OFFICIAL RECORD
Community Hangar Space—Estate of James L.Ireland E2-Space 4 CITYPage 14 of 18 SECRETARY
FT. WORTH, T
Contract Compliance Manager:
By signing,I acknowledge that I am the person responsible for the monitoring and
ation of ' o act, including ensuring all performance and reporting requirements.
Bar a Goodwin
Real Property Manager
LESSEE: ATTEST:
ESTATE OF JAMES L.IRELAND
c
By: By:
Hayden .Ireland,Jr.
Indepen ent Administrator
Date: T ?
}1bA i?r,, ,act.
STATE OF TEXAS §
COUNTY OF §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on
this day personally appeared HAYDEN C.IRELAND,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 ESTATE OF JAMES L.IRELAND and that he executed the same as the act of ESTATE OF
JAMES L.IRELAND for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this y day
oc i-nc Ir,�r ,2022.
Notary P blic in and for the State ofZexas 1 l br*
KAREN L. DURHAM
Notary Public-North Carolina
Forsyth County
MY Commission Expiroe D000mbaf 28,?M
Community Hangar Space—Estate.of James I..Ireland E2-Space 4
Page 15 of 18
EXHIBIT"A"
FORT WORTH SPINKS AIRPORT V"S w.stn waJ Kmlh Upi"Ho.912W3022
Tenant Exhibit:Community Hangat EQ
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DOOR
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Community Hangar Space—Estate of James I.-Ireland F,2-Space 4
Page 16 of 18
EXHIBIT"B"
FOKT�'f'H
►►1•�Tw� EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
Cam•.rierck l Etn/rcnmetital
catcgay Property Getterai l'I rgarktepes Alcr3larrJP�seY' _r AutaneVefLi*emIy tTo
Insurarre LlaLnt t In'Pan1rind tnCklde"Iw&Non•ormied
U�rFty Y LtiL•ility I�abJ'PY Vefirieaes)°
Fixed Ekee0t:etalois(FBO's) Yes 55.000401) 55.003.0M S1,D.0,030 S t.00D,D.0
metaft fabletlante C'valfir slid
Av*dcsofirmfunerthilArdwarlce S1,C0D.00D Stp_0j.0 5 1.00D,P:A
DDelatoWistorl
/krryart rdiinlenatce Operalrl mid
Avi tiles m Msuuriert f.falydenance SUN.= 51,13:0.0m 5 /.W0,430
O•tarat x-Turbise
AvnMcs or Ir6auner3 Maintenance
Opt falut (Swicri-A"k Only) S1.000.000 5 1.0000.0
Avc:artF2er.LilcfFlg1dTraining 2 S1,C00,D.0wueteu:e
Ofieraax 51.00),m) S 1,03D.470
S1 D3.00:1'rastenges
litcrart Ctiofie a A reran s1,030,Q 0 ss.000,0 4'uxuneltr
1.I�tagetllent Oprrata 5 1,CA0.D:.10
_ 55D3.CD3:p�lssenytr
A%crate 5531es Operates 51,0D3:003 S1.000'oocvomurtenc-s S 1,00D,D"0- u103.0037Zaiserger
51,000,69 S1.cO0,000
Aacrart Storage Ope"a-
250,COO
- S5.0D3,0m a su--omo° 5 1,00D.Wo
Av nicer S--f%6--e Saki F tW(Ieta $1.01)1003: S1,C00,03Q'tcculen;r
s1CO,0.0passhrer t S
Gilrtr C'in nerc1A Airat^u Licit
A-b.iBfs sixoti,D3o f3.0,0D3bccuuemu S 1400.D30
Te's--Y&Pe6*Ued A%ialxirt
seivi:'eO Lta $1,WD,430 s3L0,000.ticcwresue S 140D,P.0
Non•Cum:eciw Hai ga Lessee - S300,0D3'uccurrerre 5 1,000,Fi:A
Nac Co rmc.^isl Flyfay Club S1.00D,D:0cccurrc cr 5 S10D 1,ND.D"A
Nar-Cwr n�a cLnl 5df•FUNIng
DDD'a3ssivrr
F,eimilee IM Fuel ardhv Avuas _ S 1.COD,D30 S1.003,0W 53CO,0D3ixrutIetre 5 1fWD,D^D
rlon.Cutntecw S=•ir•Fuelliv
Pe illeti - SS'!O,DJO UD3.00"Wuceorerwe 5 250.000
fAterr&.N-FuNse m s
Boy}ianwm.T•Ha'lgm,Corritnunty -Hangs S3D3.0O3:eccunetice S 250.00D
O01er insurance re4wentent3 Subject to dt-4ermifukn by Av:r5w Dt-kwlnw_nt W d Risk?Miagonwiii.
tvlditiaial lrisult'.nce Requiturimts
-Lesw&s pclicr_-s are to toe pi mimy to any orser v:abd and col'ecttik nsuarre a'reiabe So the City
-Al)Ir t.,v-s V13P r10ux a Waiver of S•.,tvouston m t:rox ut pre City(Trrnpcwary SASO nt.-A also in3rde Avw:'Lessee i
'TT'e Cdy Of Fcvt 5`funl i shall be mvrr_V as A•ktu-vial In_uted(Tefn(,uary SASO nn et also ir)=)ude AYp,^.Lessee)
-Puices shall hwe no ezfus'u:s Ly endu'_enant,xirich,neil:er nut:y a ar•.eer•J Cie rey,,d lines e{;a v'3ge,ty?r dec csse ttie lit!LN ai s»d ca:e,ge
'Ciy viaq.a pef al ctatt shcdd beittdivgc+'.1[lu Itw a1tir39e aretatt wiw at one tithe a'v!Mveraye Crr otcvrence shwb Ca ryuru .d to Ihe;svetaye ct v»
nraxh;utrt vaua of loud i'/lcfatt at We tine.Irlt Lac-t Vis than the aimPent rrt�-j abm=
"Must incllde Negligent Insbucticn Cvet:iaye
jit alxrart Stcrsye cptvalor is plcvidirr3 sul:les;sirv;sFcr.•e Tor yrcr::3t stairie
Only fe��uired tut tt rse prov5luv3 ftght Insuuctan
042-Pend5 on terns cl the lose ngfeenert
r It+Nricle c:Aked taldsAe-State rnLtimums wOum a ^l
Aviation Minimum Standards,City of Felt Wei tit Avalon Depiulmeiit(06,1G 2014)
Community Hangar Space-Estate of James L.Ireland E2-Space 4
Page 17 of 18
DEFINITIONS:
Cc•:erage for the Buldirvg includes tout is not Imced toy the bulking and structures,ccrnpfeted addams to catered
bu!dmgs,outdear fixtures.permanency nstaled f)CUre5.machinery and eau+pmenL The building material used to
m ar:ain and service the insured's premises is also insured. Btk,Gess Personal Properly owned by the insured and
used in the insured's business is covered for direct loss or damage Re coverage includes(bit.is no:imited to)
furniture and fixhres,stxk,improvements and betterments.leased property forv,hrh yeu have a contractual
Db'yaton to inure and several a;ha_r simlar busness property items M,.en nit spsJfxaliy exduded from co.era).e
The polity is also designed to pratect the insured against loss or damage to the Personal Property of others tvtrole
n the insured's care,custody and Control_
I'RCfI'E RT-S•INSURANCE
Business Income(sometimes called Business Interruption)affords paotectijn aganst the loss of eaminas of a
business during the time reguirea to rebuld or repair corereh property dammed or destroyed ta�fire or some other
r;ured cause of lass.
Extra Ex*-y.-_-rye alias corerage for these acid tonal expenses over and abo•,e normal operatrg expenses paid due
to damage to coctred property from a covered cause cf lass. These expenses could include rent,Lrd,ties,moving
expenses.telephone,adverbsirlg and labor.
1115 coverage,prc'ects the Irsured for bodily query cr property damage to the t�,.rd partes,';r.chi_h they are leya'ry
iat'e The potty covers ar-cider.s occumrg on the premises or a»ay from the premises. Co'erage is provided fcr
rp Lry cr damages arising out of gads or pr-oduas made or soli by the named insured. Coverage is afforded for
the named insured arid employees of the named insured:fiw ever,several ndividuafs and organizations other than
the named insured may bee covered depending upon certain circumsfarres specied n Ire policy. in add[inn to the
!mils.the potty pro,ddes supplemental payments for attorney fees,court costs and otter expenses associated tvtth
a claim or the defense of a 6abilty suit.
Coverage A-Bodily Injury and Property Damage Liability
C ONI\IERCIAL GENERAL E•odi.y Injury means physical irlury.sickness or cl*ease,including death Pf cis
I IAiIILiTY to fan lUis ro FrY•n•^W rl the resutina loss of use of that t 9 a t-ny Damage means physi_al i u y
3 P p-./ g 'p P-rty.
Coverage B-Personal Injury and Advertising Injury Liability
Personal Injury means false arrest.rnal:nous prosecution,wrongful errry or eviction,libel,slander and vdofancns of
a perscri s right cf privacy. Adverusing 1n;ur/means libel,slander,disparagement,v4,olatians of a perscin'S right of
orwacy.misappropriation and copyright infringement.
Coverage C-Medical Payments
f.ted:ca!Payments means medical expenses for toddy in)ury caused by an act dent.
Insures the han_er cper ator for Pgal othganons to pay damages due to Yss to an aircraft that occurs when the
I L•1\C;ARKEEPFICS arcrart is in the care,custody or cenbol of 4 e inured for safekee i LIABJUTY ping.storage,service or repair.Coverage
extends to tabirty claims invoicing an aircraft's loss of uae-
Insures the paGition exposure associated vmh the insured's property and operations,Including costs c`cleanup and
rurnedlol or correct ,action due to a thrd-party demand or a govcrrmen!order.The Pollulion exclusion in gchsral
L`\I1.O\fI NTAI' iattldy insurance effectiyey elmina;es coverage for damages for badCy nlury,prof-rty damage and cleanup wss
I MPIRNIFNL LiAiIII I I3 arising from most types of pcilution events.eecause of this,customized protection for the polut on exposure of
rrurnercus insureds in this calisgCryis e5semal.
Cc'.Ierage geared specifically to the operation of aircraf:and the risks n•,utved in e,iat n.A'viatx n insurance
policies are distinctly deferent from those for c:her areas&transportation and tend to irxcorporate isoatran
AIRCRAF F AND terminology,as well as termmotgy,traits any clauses specific to aviation Insurance.Passerraer liabddy prv;ects
1'Atitii-gG[I:i.IABtt Passengers riding in Its accidert arcra:t tvho are ir4ured or kitkd.In man countries this coverag
e ge is mandatory
an far commercial of large aircraft.Coverage is a-ten sold'on a"per-seat"t:asis,v,ith a specified Emit for each
Passenger seat_
Tile la IMY coverage of the Business Alto popsy provides pro:ectwn a-ants:f?,al I ab.ity arising out of tl:e
AL'TU�IOIIILFi I IAI)1[ITY z'%�ners!ip,mantenance or use of any insured au:amobile. The insuring agreemert agrees to pay fcr boday imury
(E()IN LUI)F I TIRED& of properly damage for iet'jch the insured is legally responsible tOCaL se of an autdmotYfe accidenL The policy also
\C)N-()IL EI)!'EFIIC I E;t '''ties that,in addition to the payment of damages,the insurer also agrees to Wenct the insured for all legal
defense cost. The defense is in addition to the poli,:y timrts,
WAIVER OF An a9reemerc between two parties in which cne parry agrees;a v,aiye subrogation rights against arether n the
SUBROGATiON .--cif a loss. The intent is to prevent one party's insurer from prrsuirrg subrogation aganst those other part;.
Community Hangar Space—Estate of James L.Ireland E2-Space 4
Page 18 of 18