HomeMy WebLinkAboutContract 58525 CSC No. 58525
FORT WORTH SPINKS AIRPORT
STORAGE SPACE LEASE AGREEMENT
(MONTH-TO-MONTH)
This STORAGE SPACE LEASE AGREEMENT ("Lease") is made and entered into
by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal
corporation situated in Tarrant County, Texas acting by and through Roger Venables, its
duly authorized Aviation Systems Director, and CIVIL AIR PATROL, a congressionally
chartered nonprofit organization having a principal place of business at Maxwell AFB,
Alabama ("Lessee"), acting by and through its Texas Wing.
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 the following real property (hereinafter referred to as
"Premises")at Fort Worth Spinks Airport("Airport")in Fort Worth,Tarrant County,Texas:
1.1. Storage Space Building 1, as shown in Exhibit "A", attached hereto and hereby
made a part of this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the date of
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. CONSIDERATION.
3.1 Mutual Consideration.
Both parties agree that(i) a fee in an amount of Ten cents ($0.10)per square foot,
as annual rent for the Ground Space, for a total of Seventy-Nine Dollars and 20/100
($79.20) per year to be paid in equal monthly installments of Six Dollars and 60/100
($6.60); (ii) Lessee's status as a non-profit 501(c)(3); and (iii) Lessee's defined programs
(including aviation related emergency services, disaster relief services, aerospace
education and the training of cadets from within Lessor's community) benefiting the
Airport and Lessor as a whole provide adequate consideration for Lessee's use of the
Premises. Lessor and Lessee expressly agree and stipulate that this Lease is based on
valuable consideration and an exchange of promises that will be independently beneficial
to both parties and that, as a condition precedent to executing this Lease, the
consideration is valuable and sufficient and that neither party shall be able to assert
OFFICIAL RECORD
Storage Lease Agreement CITY SECRETARY
Between the City of Foil Worth and Civil Air Patrol
FT.WORTH,TX
otherwise in the event of litigation. Nothing herein shall constitute an obligation of
Lessor funds.
3.2 Non-profit Status.
Lessee covenants and agrees that it will maintain its certification as a non-profit
organization pursuant to 26 U.S.C. §501(c)(3). If such certification is not maintained
during the term of this agreement, Lessee will be liable for the full ground rate under the
Lessor's published Schedule of Rates and Charges beginning on the date the §501(c)(3)
revocation is effective. Alternatively, should the non-profit certification be revoked,
Lessor, at its discretion,may terminate this agreement immediately.
3.3. Payment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the fast(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 16. Rent shall be
considered past due if Lessor has not received full payment after the (10th) 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. i ss I n 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
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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 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 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 and, 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 night 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 night 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. j
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11. INSURANCE.
11.1. Types of Coveral4e 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. 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 CONTRACTING PARTY.
It is expressly understood and agreed that Lessee shall operate as an independent
contracting party 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
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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 HEREBYASSUMES ALL LIABILITYAND RESPONSIBILITYFOR 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
PROPERTYDAMAGE 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 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, 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
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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, except any property belonging to the United States
Air Force, 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.
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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 Civil Air Patrol,
Aviation Department Headquarters Office of General Counsel
201 American Concourse, Suite 330 105 S. Hansell St,Bldg 714
Fort Worth,Texas 76106 Maxwell AFB,AL 36112
(877)227-9142 x234
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.
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
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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.
21. 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, handicap, sex, sexual orientation or familial status.
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,handicap, sex, sexual orientation or familial status.
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.
22. 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.
23. GOVERNMENTAL POWERS.
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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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
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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.
29. 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.
30. 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.
31. 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 Follow]
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IN WITNESS W EREOF,the parties hereto have executed this Agreement in multiples on this the
day of A&kZk&E7,'>— ,2022.
CITY OF FORT WORTH:
By:
Roger qVebl s
AviationSyste ns Director
Date: J
IF
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 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 then in stated.
G UNDER MY HAND AND SEAL OF OFFICE this J0 -'day of
2022.
BARBARA JEANETTE GOODWIN Public i d for the a f Te}
Notary Public,State of Texas
v' +ems: Comm. Expires 09-92-20
�''!i°;, `° Notary ID 1267327 1
p.p9vvvngIl
APPROVED AS TO FORM ATTEST: vr'l fOR.46
AND LEGALITY: �lo=
�tibh:l22�'B'.S, Giddf�GL�i oa°�n?�za5tia
By; :a �,!��; By; a S.Goodall 1,202216:33 CST)
Thomas Royce Hansen Jannette S. Goodall
Assistant City Attorney City Secretary
M&C: None Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this contract,including ensuring all performance and reporting requirements.
Baa6a�.m Qeec�cw:y
Barbara Goodwin
Real Property Manager
Storage Lease Agreement OFFICIAL RECORD
Between the City of Foil Worth and Civil Air Patrol CITY SECRETARY
13 FT.WORTH,TX
LESSEE:
CIVIL AIR PATROL
By:
J h A. Salvador
O—Civil Air Patrol
Date: t
STATE OF_ALB §
COUNTY OF NAoNTGnMEBY §
BEFORE ME,the undersigned authority,a Notary Public in and for the State of Alabama ,on this
day personally appeared John A.Salvador,known to me to be the person whose name is
subscribed to the foregoing instrument,as the Chief Operating Officer of the CIVIL AIR
PATROL,who acknowledged the forgoing instrument to be the act and deed of such said
organization.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a►$A day of
)UOvembtR-- .2022. dA
Notary Public in and for a State of ALABAMA
Storage Lease Agreement
Between the City of Fort Worth and Civil Air Patrol
14
EXHIBIT
LOCATION . .
Wildcat WaY N �ii��,r
7?clv
Storage Lease Agreement
Between the City ofFort Worth and Civil Air Patrol
15
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EXHIBIT B
INSURANCE REQUIREMENTS
EXHIBIT B-MINIMUM INSURANCE REQUIREMENTS
ComRa'cal Eri*wmertg NiornobleLiabily 170
Pnficht 3�srpafwet+�s LTur,and Pa:ssnper
C�e0n'r Irt:lrar�te '3er�era Imavnrsd �Ja�l Indudr8-bred S Mdrrownedl
1Jab1ty Lwits'. Ltarlty ty 'vthldeeC1I
Fled Baer CQerats{FBD-s) 'i'es 55,110c"Wo i51O1011)x. i 1A] 00C i 1,OOOP00
AFaaf1 Matrlerance Opeadw and
Avbn[cs cr tcty rett;Nariknmce '9 ;i'Doc.,OOO i 1 'S i 1,DODJMD
Operator-Fistm
Ahmi t M it dergme 4pealor and
ANorfmcrrsru-nergPASrfknaloe " 165,D]D�,DCi] *V00,11[C, ; 1,OOOF0D
Operatoi,Turbhe
Avbdcs R kmhrserA PAXrtenmce
Operator IAerch wu*CNy! " 59,DCC•,DD] i 1,OOD CC0
Akcraft Rudal or Fligh Train rg ;1,000,OD7 i1�00C06Uceuren:t i 1,OD3900
Operator y SiD0 NCOWs�tild
Alcraft£Nartc Q,+l4vaft i5 F.00I:i1Obccureme
fAmapementOpergrr " $1,OCL�DOO 45m=V0'SwG r i 1,OODJ100
Ataah3ak.4perWor y it�CCyO7D V C00F06'accrmn:e i 1,DD3p00
$1DO=Wsserger
AhmffGtorapeCgeratm S1,D=00 i1f0c,D]e'
SE.0(x'0CU' #SfCD,67C' i 1,D00P011
AvtalW Serite Sale Pmprtetor -6 41,000',O00' i1=11,cm1omm ence
vea'aDuWme w i 50CC
C►.1W Comma IN Ac mou ka
Activtks 41,D70',IID] i3«lDDCLbmuTercr i 1,D07jAD
'uenTaxySpedalati.-Watlm V1 DDC-,DM ;WDOWoalmme i 1,DDOA00
Str0ce Opermbmr
NtrrCcmmsctW Hama'Lewee b ti30CIGODbccurnsre i 1,DD3DAD
N'cr?0ornmacmlFiyfig0u $1ADOF04'occurrence i 1,O0D�CD
1r
.0gMPm53erQw
N'cr,C-armacmlSdifu"a I'mc,DDO $1,D]C,D70 i3MDOD'accrrmme i i,DD]D00
Perrrkw'mlJorr N mscld Senfurl V
Per hm s #50_DD0 i3DDPw3c[nrrence i 25D,11 x.
BortHanG'r,g,1 LYrpa,Cxrtrrunt, c T
i 2;O,D]0
HarKnr
Comer 'Irruwr L reWrenom1m s:tW todettcrtaWn t f NMcr L'n vhrmt maRn Alanailte•rertl
Addr."I insuan:e,Rectwemer:
-Lessee,pcikks arc b be prmwr»am ufw maid and cnkc b41rura ate awl abbe 90 the V*
°Alpa7ck.shal r cudra'hS>wof5�idQat9en:ntaHorcdtreCttl7eirperrrFASOmuetn chcude Jrpcw1Letmee?
•7he utr if Fort Nord,eral be rarred m AdAloral Insured l?errawwl S�Er7 Rn tic a�hrtude Rrport Lracri
14AkZ'es seal rave no emclr-Jore ty endwwrierR,which,nef her nult'r oram.endfhe mctored'Isle:cfevevaye,nor de�aa�e IMts vi,yd ararh3pr
Ccae'ape per almra'i slloutl be eglralent b the a m e aicraft wgue an orr-tire and cmw-rW per oc Lrmr:e sh[aM be eOutatia t to the a moe CC The
maKinum wLt or irtal amtart at one cme,hst not less Mm ate anmcnt rcdW aocve
'M=t1r kr*I' Qm1hsftnmbmixxmmm
ti ahM:7orNe dpertlf?Is prsvi"wNeae hp stwe'Ar atcrart storage
'Onrrrequfed for tl�oseprcMdrg nerd Instnx+5m
D]�ends on�cta:elease a,7errertl
°ivehtde parked Wa ce.de-State rrl^imunsumdd aWy
Avlation Minimum Mandaralo, M oe FW Worth AMakn Departmerfo)]5703 12441
Storage Lease Agreement
Between the City of Fort Worth and Civil Air Patrol
16
DEFINITIONS:
CoAwage Tor te`he SUIdIng Includes IW ls,nat United to)We buldng and 0,uctur s,camplMed afttlons to ccriered
h.dlafngs,ou ldaor fixtures,permanenity Insta(1ed fixtures,m ac;tlnery and erluprnent. The bu ldi g rnateft used tc,
m akitM and senice the Insured's premises is also Insured. Business Personal Property aaned by V e Insured and
used In line Insured business Is capered for direct b:2 ar damage. The coverage ncrutes,but Is not ImPe•d Wj
furnture and fhftrer,Vbft,Impra+vemerAs and bettennerAs,leased properly for viodch yeau turete a contactual
c6lgatlan to insure and several outer stmlhr business property lems u tan riot sptolkalty excluded from coverage.
The paltry Is also designed to prcOect lint Insured against less or damage to the Personal frcperty of Others in"—
In the insureMs care,custody and con".
FTTv-P. c ,-
Susrncs Income.1somelmes called 9talneo trternyo+?cn)affords pr0edlcn against the loci..of earrings of a
brushes%Wiring 11he tin a required to rebuld or repair,covered property damaged crdestroyed by'Ire ar scene other
Irt.gred cause of lass.
Ex'ta Expense arews coverage forOtiose additional expenses_arer and above normal aperatng expenses paid due
tm damage to cavered protpeityf in is eceimmd cause.of lass. There expenses could Include rera,aRities,mating
expenses,telephone,adlrertlsing and labor.
T*is coverage protects the Inured fortocity ir(nry orpraptrty damage In tre_gird pares,for ihkh,Me'y are legally
late.The polcy covers accidents occurring on It*premf es or array Tcm the premises. Coverage Is pro0ded lar
Ir(ury or da napes arising out of goods ar prcdutts.made ar sold by tine ra-ned Inscred. Coverage Is.afforded for
the rained Invuned and emptaqees of the rasmed Invuredt IhaNe%w,several rxIvIdbols and organtollorn ohher than
the rxamed nuued may be catered depending upon certain circumstances specified M the porcy. h addCon to tt)e
Iinits,the paltry pro0des muppemerdai payments for attorney lees,court costs and c4her expenses aracclated with
a clam ar the deferee of a labilly sut
Coverage A-Bodlp'Injrxrg arid Pro-party Damago Ltabtttyr
COUXIERCIAL GENERAL eadttf Injury means pittrstal Injury,sickness or disease,ttcluyIng death. Properly Damage means p!.trysicai Injury
LIAErLITY la,'angtte property,including line remfling lees-of use of tttutl property.
0avarrage 8-tr*mml Injoy and Advartllming Injtwy Lbbl*
Personal Injury means tblse arrest,malicious peasecufbn,xrongBid entry or eviction,bet,slander and viciatCns art
a person's right of privacy. Adoertsng'Irlury means libel,slander,disparage,nent,vlolbtbns of a per-on's right of
prteacy,mlsappraprtsticn and copyright Irdlinpemenfl.
corerape G-Medow Pajirrsrdk
Medtal Paraments mean medVtal ekrensei for badikd ir(hry caused try an accident.
Insures the UharVer operaaor Ix legal oblgations to pay dam apes due to Rocs is an alcmA that occurs alhen the
FIAN�,ARIiEE ER3 alncralt is In the care,nrstede cr contraf of the Insured Tar safexeepiig,swrage,sew cr repair.Cclaerage
LIAMILIM' extends to 112tr3ty clains krr&VVng an alreraMs Ross cf use.
Insures the polutian eirliosure asso¢lsted rni'Ih the Inswed's property and cperatlons,Including ccdts of cleanup and
remedial or carrectise melon due OD a thlrdparly demand or a go ernmerA order.The Polutbn exclusion In general
EN4 I9CC aiEhT:ai liabdty Insuance effeclhely elminates m4trage far damages,Zr bodgr Irt(ary,property damage and cieanup costs
IMI 17-XIENT IL¢ADR-17T artsFg traem Mort tT:es•adpolutbn eaentr.Because adltts,taustombmd protection farthe pallitlon er¢aaure of
numerc4a I'dureds in M category Is eraenUl.
Comrage geared specfictitd ta,the operzibm of atCrall antl the risks Involved in a laticn..&ALAIan Inauance
p+ollcles ate dttftttl differentirom Claae Itr abhor areas of transpartatan and tend to nrorporate aiation
AIRCRAFT A19D terminology,as wet as ienmFtalbid,Units and clauses specflc to aviation Ircurance.Passenger MUM prcEerls
PASSENGER LIAgILny pulisengers ddhg In the accident aFcrafll Who are Injured or Jilted.In many cowitrkes Ms.canerage is mandarov-)
drty Iar c•ommerclal or large aivaffl.Coverage Is e+Yn said an a'per-scar bast,xith a specfired bait Mr each
paasengerseat
Moe labW eaverage-of the Business Auto Policy prceAdcs protection aganst legal ItaUlly athng out¢-lithe
AT-lTom or,mig Lz A r,iuTy c1m ershIp,maimenance or use of any Insured autamoble. The Insuring agreemenA agrees to pay for bodly injury
or property ftnage dar witch the Insured Is legally respansbr because of an auhaimabtle accident. Tlx polcy alto
states titan,In addtan is the Myn entof dlamages,We Insurer also agrees to-defend the Insured feral legal
NCti r0[4-NED VEMCLES defense cost. The d'e'tense Is h addilan ta-the paltry Inn Its.
An agreement bebneen tarn parties In i&N%I h one party agrees to watie subrogation Tights against another in The
r
e'rtnt ad a bsti. The Intent is to preheerA one parties Insurer from p:rsung subrogatan agalnsl the ather party.
SUDROGAT11CN
AvlaWmMtnrrrelam3landbndc, Mdfort'ei'milhAvtdim ttDrcc3o2DI4}
Storage Lease Agreement
Between the City of Fort Worth and Civil Air Patrol
17