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HomeMy WebLinkAboutContract 58799CSC No. 58799 FORT WORTH SPINKS AIRPORT AIRCRAFT TIEDOWN LEASE AGREEMENT (Month -to -Month) This Aircraft Tiedown Lease Agreement ("Lease") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director, and the undersigned Spinks Flight Center, Inc. ("Lessee"), a Texas corporation, more fully identified in Section "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information"), attached hereto and incorporated herein by reference for all purposes. 1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of Exhibit "A" ("Premises"). Lessee accepts the Premises in its present condition. Upon the expiration or termination of this Lease, Lessee shall surrender the Premises to Lessor in the same condition, subject to ordinary wear and tear. 2. The term of this Lease shall commence upon the date of execution ("Effective Date") and will automatically renew on each subsequent month unless canceled by either party by written notice provided to the other party not less than 30 days prior to the effective date of such cancellation. 3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A". Initial rent payment is due on or before the effective date of this agreement. Thereafter, monthly rental payments are due on or before the first day of each renewal month. B. 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. 4. Lessee may use the Premises only for parking of the aircraft described in Section B of Exhibit "A" and for no other purpose without the prior written consent of the Director of Aviation or authorized representative. 5. Lessee shall maintain the Premises in a good condition and keep the Premises free from trash at all times. Lessee shall not store, dispose of, or allow to stand any fuels, oils, solvents or other hazardous material on the Premises. Lessee shall not conduct or permit any action or activity that constitutes a nuisance, interferes with the use of any airport property by other tenants, or disturbs or endangers the general public in any way. 6. Lessor shall have the right to the Premises at any time in order to inspect or repair the Premises, or to perform repairs or maintenance to other airport property. 7. 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, OFANY 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 OFLESSOR Month -to -Month Tiedown Lease Agreement Page 1 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYANO ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTYDAMAGE OR LOSS aNCLUDINGALLEGED 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 B Y THE NEGLIGENTA CTS 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, AND WHICH MAYBE 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 8. 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 specified to be maintained by a commercial tenant in accordance with Exhibit "B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this Lease for all purposes. Out of an abundance of caution and to avoid any doubt, Lessee shall be required to provide the same levels of insurance as required for Box Hangar, T-Hanger, and Community Hangar Leases outlined in Exhibit B. 9. A. The following events shall constitute events of default by Lessee under this Lease: (1) Lessee's failure to pay any installment of rent within 10 days following the date that payment was due; (2) Lessee's failure to comply with any term, provision or covenant of this Lease, other than the payment of rent, within 15 days following receipt of written notice from Lessor to cure such failure; or Month -to -Month Tiedown Lease Agreement Page 2 of 6 (3) Lessee's abandonment or vacation of the Premises. B. Upon the occurrence of any such events of default, Lessor shall have the option to terminate this Lease without further notice to Lessee. Upon termination Lessor shall have the right to take full possession of the Premises, by force if necessary, and to remove any party remaining on the Premises without being liable for trespass or for any other reason which may stem from Lessor's termination or assertion of its right to terminate. In the event of termination, Lessee agrees to pay Lessor on demand the amount of all loss or damage that Lessor may suffer by reason of such termination. 10. Lessor shall at all times have a lien on all aircraft and any other property located on the Premises. Lessee covenants and agrees that it will not remove from the Premises any such aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of money to which Lessor is, at the time, entitled under the terms of this Lease. Upon the occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it, either herein or by law, including Lessor's right to the demised Premises, take possession of the aircraft and any other property situated on the Premises and, after providing Lessee with five days' (5) written notice, sell the same at public or private sale. In this event, Lessor will apply proceeds from such sale, less any and all expenses incurred by Lessor in the possession or sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively, Lessor may foreclose upon its lien on Lessee's aircraft and other property on the Premises as provided by law. Lessee acknowledges that such lien is supplementary to any statutory lien for rent that Lessor may also have. 11. This Lease shall be governed by the laws of the State of Texas. 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. 12. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in Section B of Exhibit "A." 13. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or interests granted by this Lease. Any attempted assignment of this Lease shall be null and void. 14. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and regulations established by Lessor. 15. Upon Lessor's request and following reasonable advance notice, Lessee will make such books and records pertaining to this Lease available for review by Lessor during Lessee's normal business hours. Lessor, at Lessor's sole cost and expense, shall have the right to audit such books and records in order to ensure compliance with the terms of this Lease and the Sponsor's Assurances made by Lessor to the Federal Aviation Administration. 16. 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. Month -to -Month Tiedown Lease Agreement Page 3 of 6 17. If any provision of this Lease is subsequently 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. 18. The person signing this Lease hereby warrants that he/she has the legal authority to execute this Lease 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. The other party is fully entitled to rely on this warranty and representation in entering into this Lease. 19. This written instrument contains the entire understanding and agreement between Lessor and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null and void. (Signatures Page to Follow) Month -to -Month Tiedown Lease Agreement Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of 2023, CITY OF FORT WORTH: By: -:4— Roger Venables Airport Systems Director Date: Jan 31, 2023 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 therein stated GIVENUNDER MY 2023. APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Hansen Assistant City Attomey M&C: None ReQuired Month -to -Month Tiedown Lease Agreement Page 5 of 6 HAND AND SEAL OF OFFICE this /IV WOdt""o Notary Public in and for the State of Texas rRin LFgr &aFA/ ATTEST: By: Jannette S. Goodall City Secretary day of RO �Q\� �PptY P�je•.,.FZ��� N ly :pFOFt�+o• :7300013 q:' °° °° 1 o 00YOddO °moo °00 d C_ -1d Pvo olo =d a�B4 nEXASabp OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Ba.�6a��ee Barbara Goodwin Real Property Manager LESSEE: ATTEST: SPINKS FLIGHT CENTER, INC. By: By: ichael Di Donato President Date: �/'Z3�2023 STATE OF COUNTY OF�Cr/� " 7 BEFORE ME, the undersigned authority, a Notary Public in and for the State of E a on this day personally appeared Michael Di Donato, 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 Spinks Flight Center, Inc. and that he executed the same as the act of Spinks Flight Center, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Y I l r d day j r , Notary Public in and for the State of \\01...... REGINA LYNN GLOVER Notary Public, State of Texas ='a. Comm. Expires 05-27-2024 Notary ID 130680770 Month -to -Month Tiedown Lease Agreement Page 6 of 6 EXHIBIT "A" A. Lessee Name: Spinks Flight Center, Inc. Contact: Michael Di Donato Address: 450 Alsbury Court City: Fort Worth State: TX Zip: 76028 Phone#: 817-295-8477Email: mikedidonato@vahoo.com Business (if applicable): Address: City: State: Zip: Phone #: Fax #: In case of emergency: Contact Name: Phone: B. Aircraft: #1 Make: Cessna 172 Tail#: 737TF Aircraft #2 Make: Cessna 172 Tail # 733UD Aircraft #3 Make: Cessna 172 Tail # 21706 Aircraft #4 Make: Cessna 172 Tail # 225FR C. Tie Down Site: See Map (attached) D. Rental: $55.00 monthly per tiedown Quantity: 4 Total Amount Billed Per Month: $220.00 E. Start Date: ASAP LOCATION MAP n FoRTWORTH tisI. ION EXHIBIT B EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS Property Commercial Hangsep rs E�n�rranmantal Aircraft and Passenger Automobile Ltabiity I.T o Ca egay General Ua6rlisf Impairment Liability Incdude Hired $ Non-owneddnsurance Liability Liability 'Vehiclees) Fixed Base Operators (F50'ai Yes S5,000,OD0 S5,000.000 St,CAU,r. w S 1=0706 Aircraft Maintenance Operator and Avionics or Instrument Niamlenance s S1,000.000 S1400,1300 S 1,C00.rO-1 Openalor-P sani Aircraft Maintenance Operator and Avionics a instrument Marmlenar-e Sl Xcla,TjC S 1.0W.000 Operala-Turbine Avionics or instrument Maintenm--e S1,p00,+J00 5 1,Ct70. }r�0 Operator (Bench work.Only; Aircraft Rental or Flight Training Sf,OCL�,CtrO' $1,C00,0moccurr S 1,C00.(}00 -s S1C10.000tpassenger Operator Aircraft Charter or Airarai ' s1,0tx:OGfl S.'=.Lti�i,C_�Jcca;rranca $ 1,()UD.flOD Ss00.OD0.'passenger l�Asnagement Operatou $1.W0,0 0locoarenze Aircraft Sales Operator S1,050400 S 1,000.000 = S10D.flOOfpasssunger = 51,000;000 S1.DDOAOG Aircraft Storage Opera:a- SS�OC�,ODO y S5.D00.000' S 1,CvS0.CrS0 Aviation Service Sale Proprietor S1.000.000 S't,C40,C00ioccurrer)0e S100.00Q'passer.ger ` S 253,€00 Other Comm-roial Aeronautical A,ctivitie-a S1,OOD.000 S300,0=cccurre ce $ 1400.000 Temporary S:pecxaiized Aviation S1AO0,0DII S300,CCabecurrence S 1,0Cr0.GD0 Service O aor Non -Commercial Hance Lessee S300.0Mcccurrence S 1100U00 Nctt✓Cunmercial flying Club s $1'0W'00Wcccur`ems S 1,0G0.000 S100.0= set ar Ner:-Commercial Self -Fueling y S 1 A0,010 S1.000.000 S300,01W.0ccuma.- S 7f00.C="_0 Pert tee Uet Fuel artd(or A Nort-Commercial Seff-Fuming Paundee S500.00 i $X*.40Q;occu rence S 250.0DO Altarnama Fuels e-_ mociast Box Hangar, T-Hangar. Community S3W'00Wcc0V.-ence S 1-50.000 Hangar Other Insurance requirementssubject to delermina!:�on by Aviation Department anc Risk Management Addit;ona insurance• Requirements -Lessees policies are to be primary to any other valid and collectible insurance available to the City •AII policies shall i>•rrfuYe a Waiver of Subrogation in favor cfthA City y a erpporary S4',O must also include Airport Lessee) -The City of For' '"VcrZh shall be names as Additki nal Insured (,TemporarySASO must also Ind•i de Airport Lessee) -Policies shall have ra exclusions &Y endorsemer.., which , neuter nullify or amend the required liras of coverage. nor deac ease the ;units o` said conafage ' Coverage per aircraft should be equivalent to the average air raft value at one time and ccr.,erage p 3r oecurrer:.ce should be ec..uivdent co the average of the matamum value of total aircraft at one time, but rwt Jess than the ataunt noted atrnre ' Must include Nagb3ent Instruction Coverage ' L' aircraft store operator is providing subleasing space for aircraft =-tr.,rage ' Orlyrequi.red for chase providing flight irnstru lion Depends or terms of the;ease agreement If vehicle c =d landside- State rrtinitaxrms would acoly Aviation Minimum Standards. City of Fort 'North A`iatirm Department rCGOa22014) DEFINITIONS: Coverage for tune Building includes (but is not limited to) the building and structures. completed additions w covered buildirgis., outdoor fixtures. permanendy installed fixtures. machinery and equipment.. The building material used to maintain and service the insured"s premises is also insured. Business Personal Property owned by the insured and used in the insu red's business is covered for direct loss or damage. The coverage includes (but is not limited to) furniture and fixtures, stock. impr-overnerts and betterments. leased property for wi-ch you have a contractual obligation to insure and several other similar business property items when not spectfrcally exrlu&d from coverage. The policy is also designed to protect the insured against I:= or damage to the Persoral Property of Others vi hile in one mured's care. custody and control. PR C PI'RTY I14SUR.4NCE Business income (sometimes called Business Interruption) afforos protection agaimI the loss of earrings of a business d unno the time required to rebuild or repair covered property damaged or destroyed by fi re or some other insured cause of loss. E)dra Expense allovis coverage for those additional expenses over and above normal operating expenses paid due to danruge to covered property from a covered cruse of loss. Tlxrsss a cpenses could rr dude rent. u IrtleS. moving expenses, telephone:, advertising and labor. This coverage protects the insured for bodily injury or property damage to the third parties, for which they are legally liabie.. The policy covers accidents occurring an 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 ofthe named insured, however, several individuals and organizations other than the named insured rnay be covered depending upon certain circums not specified In +lei policy. In addition to the Irmits. the polw.y provides supplemental payments for attorney fees, court costs and otter o.Vensos associated with a claim or the defense of a liability suit - Coverage A - Bodily Injury and Properly Damage Liability COMMERCIAL GEhER.41 Soddy Injury means physical injury, sickness or diseaso, including death. Property Carnage means physicalinjury LIABILITY to tangible property, tnelu ding Uwe resulting loss of use of that property. Coverage B - Personal Injury and Advertising Injury Uabality Personal tnjury means false arrest, malicimss prosecution_ v songful entry or eviction. Iibel, slander and violations of a person's right of pry. macy. F.dver+isung Injury means libel, slander, disparagement, notations of a person's right of privacy, msappropnation and copyright infringement. Coverage C - Medical Payments Medical Payments means medical expenses f'or bodily injury caused by an accident. Insures the hanger operator for legal obilotions'o pay damages due to krss to an aircraft that occurs when. the IIANGARKEEPERS aircraft is in the rare. custody or control of the insured for safekeeping, storage. service or repair. Coverage LIABILITY extends to liability claims irnrolving an alrorafrs loss of use. Insures the pollution ei posure associated with +.he insured's property and operations, IrrGudirrg costs of cleanup and remedial or corrective action due to a third -party demand or a government order. The Poffulion exciusior in general ENPIROMO,.7AL liability Insurance effectively eliminates coverage for damages for bod ihy injury. property damage arrd cleanup costs I vIPIRIME_hTI LIABILITY arising #oral most types of pollution events_ Because of this, customized protection for the pollution exposure of numerous insureds in this category is essential. Coverage geared specifrraityto the operation of aircraft and the risks Involved in aviationi. Aviation insuraricx policies are distincilly different from those for other areas of transportation and ten; to incorporate aviation AIRCRAFT AND terminology, as viell as terminology, limits ardi clauses specific to aviaucir. insurance. Passerf;;er liability protects PASSENGER LIABILITY passengers riding in the accident aircraft who are injured or killed. In many ccur tries this coverage is mandatory only for commercial or large aircratL Coverage is often sold on a "per -seat" basis, -with a specified limit for each passenger seat The liability coverage of the Business Auto polity provides protection against legal fiabildyaming out of the AUTOMOBILE LIABILITY ownership, maintenance or use of any insured automobile. The insuring agreement agrees to pay for bodily injury (TO INCLUDE HIRED & or property damage for which The insured is legally responsible because of an automobiee accident. The polcy also: states that, in addRkm to the payment of damages. the insurer also agrees to defend the insured for all legal defense cost. The defense is in addition to the policy limits. NON -OWNED VEHICLES) SNAI�rIR OF An agreernem between two parties rn W uch one party agrees to waive subrogation rights against another in the seven of a loss. The intent is to prevent one parry's insurer from pursuing subrogation against the other party. SUBROGATION Aviation lAimmum Standards, Uo of Fort Worth Aviation 6epayrnem, {06'03QO14;