HomeMy WebLinkAboutContract 58999CSC No. 58999
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 Ryan Duplechin ("Lessee"), an individual, 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 on March 1. 2023 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 Lessors 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, OFANYKIND 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
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Tiedown Lease Agreement OFFICIAL RECORD
Page 1 of 6
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 ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTYDAMAGE, 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,
IVHETHER 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
CA USED B Y THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY AND
ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,
PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR,
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY
PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH
BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS,
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
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
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Tiedown Lease Agreement
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(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 Lessors 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.
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Tiedown Lease Agreement
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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)
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Tiedown Lease Agreement
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IN WITNESS WHEREOF, the parties eto have executed this Agreement in multiples on this the
�
U �day of� &� - C_ V , 2023.
a Y LY 6
Date:
STATE OF TEXAS
COUNTY OF TA.RRANT
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
C ` n 2023. _ 1
UNDSE y DENISE CROCKER
NOUN Public, Stats of T*xas
Comm. Expires 02-07-2024
Netary ID 133573054
APPROVED AS TO FORM
AND LEGALITY:
By: � o /P
Thomas Royce Hansen
Assistant City Attorney
M&C: None Required
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Tiedown Lease Agreement
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otary Public in and for'- State of Texas g4�4�nnu
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By
Jannette S. Goodall
City Secretary
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.
Bar ara Goodwin
Real Property Manager
LESSEE: ATTEST:
RYAN DUPLECHIN
By: By: h /�
Ryan Duplechin
Date: 2 ! Zy I Z
STATE OF L xa S
COUNTY OF o v',a4
BEFORE ME, the undersigned authority, a Notary Public in and for the State of 1 eX4 s-
on this day personally appeared Ryan Duplechin, 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 Ryan Duplechin
and that he executed the same as the act of Ryan Duplechin for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this y day
2023.
Notary Public in and for the State of
?:°�.; SAMANTNA AN
N BOSMA
*: •= My Notary ID # 133250337
"+,oF+'•' Expires August4,2026
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Tiedown Lease Agreement
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EXHIBIT "A"
A. Lessee Name: Ryan Duolechin Contact: Same
Address: 3332 W. 4" Street City: Fort Worth State: TX Zip: 76107
Phone #: 214-532-6951 Email:
Business (if applicable):
Address: City: State: Zip:
Phone #:
Fax #:
In case of emergency:
Contact Name:
Phone:
B. Aircraft: #1
Make: Beech Musketeer Sport iii A23-19 Tail#: N5994S Color: White w/blue and yellow trim
C. Tie Down Site: See Man (attached)
D. Rental: $55.00 monthly per tiedown Quantity: 1 Total Amount Billed Per Month: JKM
E. Start Date: February 1.2023
LOCATION MAP