HomeMy WebLinkAboutContract 59174CSC No. 59174
FORT WORTH SPINKS AIRPORT
BOX HANGAR LEASE AGREEMENT
(MONTH -TO -MONTH)
This BOX HANGAR 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
Director, and MCCRACKEN HOLDINGS, LLC ("Lessee"), a Texas limited liability company acting
by and through Michael McCracken its duly authorized Manager.
In consideration of the mutual covenants, promises and obligations contained herein, Lessor and
Lessee agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
1372E Wing Way (W5) ("Premises") at Fort Worth Spinks Airport ("Airport") in Fort Worth,
Tarrant County, Texas:
1.1. Box Hangar D, 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 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 During Initial Term.
Lessee hereby promises and agrees to pay Lessor as monthly rent for the Premises the
sum of One Thousand Two Hundred Fifteen Dollars and 00/100 ($1,215.00). The rental
rates under this Lease are based on Lessor's Schedule of Rates and Charges in effect as of the
Effective Date of this Lease. On the Effective Date of this Lease, Lessee shall pay the first
months' rent in advance. In the event that this Lease commences on a day other than the first
(1st) day of any given month, the first month's rental payment shall be prorated in accordance
with the number of days remaining in that month
3.2 Rent During Renewal Terms.
Rental rates for each Renewal Tenn shall comply with the rates prescribed for the
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FT. WORTH, TX
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
3.3. Payment Dates and Late Fees.
Monthly rental payments 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 set forth in Section 15. Rent shall be considered past due if Lessor has not received full
payment after the (1 Oth) day of the month for which payment is due. Without limiting Lessor's
termination rights as provided by this Lease, Lessor will assess a late penalty charge of ten
percent (10%) per month on the entire balance of any overdue rent that Lessee may accrue.
4. MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at all
times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent disposal away
from the Airport of all of Lessee's trash, garbage and refuse. Lessee covenants and agrees that it will
not make or suffer any waste of the Premises. Lessee will not pile or store boxes, cartons, barrels or
other similar items in a manner that is unsafe or unsightly. Lessee shall be responsible for all damages
caused by the negligence or misconduct of Lessee, its agents, servants, employees, contractors,
subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all such
damages at Lessee's sole cost and expense.
5. CONSTRUCTION AND IMPROVEMENTS.
Lessee shall 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 fully comply with the Americans with
Disabilities Act of 1990, as amended.
6. INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Inspections.
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). Lessor shall provide Lessee
with a combination lock. Lessor shall provide Lessee with advance notice of inspection when
reasonable under the circumstances.
Lessee will permit the Fire Marshall 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
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of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions
exist or may hereafter be 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.
6.2. Environmental Remediation.
To the best. of Lessor's knowledge, the Premises comply with all applicable federal,
state or local environmental regulations or standards. Lessee agrees that it has inspected the
Premises and is fully advised of its own rights without reliance upon any representation made
by Lessor concerning the environmental condition of the Premises. Lessee, at its sole cost
and expense, agrees that it shall be fully responsible for the remediation of any violation of
any applicable federal, state or local government environmental regulations or standards that
is caused by Lessee, its officers, agents, servants, employees, contractors, subcontractors or
invitees.
6.3. Acceptance
In addition to Section 6.2, Lessee represents to Lessor that Lessee 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 their
present condition as satisfactory for all purposes set forth in this Lease.
7. PARKING.
All motor vehicles at the Airport must be parked in areas designated as motor vehicle parking
areas.
8. USE OF PREMISES.
Lessee shall use the Premises exclusively for the storage of aircraft. Lessee's use of the
Premises for any other purpose shall constitute a material breach of this Lease.
9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
9.1. 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.
9.2. 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.
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9.3. 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.
9.4. 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.
9.5 Lessee's rights hereunder shall be subject to all existing and future utility easements and
rights -of -way granted by Lessor for the installation, maintenance, inspection, repair or removal
of facilities owned by operated by electric, gas, water, sewer, communication or other utility
companies. Lessee's rights shall additionally be subject to all rights granted by all ordinances or
statutes which allow such utility companies to use publicly -owned property for the provision of
utility services.
9.6. 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.
10. INSURANCE.
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.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its care,
custody or control.
10.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased
limits on existing coverages, are subject to change at Lessor's option and as necessary to
cover. Lessee's and any Sublessees' operations at the Airport. Lessee will accordingly
comply with such new requirements within thirty (30) days following notice to Lessee.
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10.2 Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit `B", which is attached
hereto and incorporated herein for all purposes.
10.3 As a condition precedent to the effectiveness of this Lease, Lessee shall fulmish Lessor
with appropriate certificates of insurance signed by the respective insurance companies
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, at Lessor's request,
provide Lessor with evidence that it has maintained such coverage in full force and
effect.
11. 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 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.
12. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
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
OFLESSOR.
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
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.
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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 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
ANYAND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
13. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or entity,
claims immunity to or an exemption fiom 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.
14. TERMINATION.
In addition to any termination lights provided herein, this Lease may be terminated as follows:
14.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the tern 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.
14.2. 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.
14.3. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
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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.
14.4. 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 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.
15. 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:
City of Fort Worth
Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106
To LESSEE:
McCracken Holdings, LLC
777 Main Street, Suite 3600
Fort Worth, TX 76102
713-397-2264 / mike—e—meeracl<:en@yahoo.com
Payments are to be sent to the address below unless otherwise directed on monthly invoices.
City of Fort Worth
PO Box 99005
Fort Worth, TX 76199-0005
16. ASSIGNMENT.
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 attempted
assignment without prior written consent by Lessor shall be null and void. If Lessor consents to any
assignment, all terms, covenants and agreements set forth in this Lease shall apply to the assignee, and
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said assignee shall be bound by the terms and conditions of this Lease the same as if it had originally
been a party to it.
17. 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.
18. 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.
19. 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 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 authorized designee; 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.
19.1 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.
20. NON-DISCRIMINATION COVENANT.
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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 age, 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 age, race, color,
national origin, religion, disability, 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 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.
21. GOVERNMENTAL POWERS.
It is understood and agreed that by executioA of this Lease, City of Fort Worth does not waive
or surrender any of its governmental powers.
22. 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.
23. VENUE AND JURISDICTION.
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 located 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.
24. 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.
25. SEVERABILITY.
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If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
26. 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; goverment action or
inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any States; civil disturbances; other national or regional emergencies;
or any other similar cause not enumerated herein but which is beyond the reasonable control of the
Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any
such obligation is suspended during the period of, and only to the extent of, such prevention or
hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation
as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the
occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the
Lessor in its sole discretion. The notice required by this section must be addressed and delivered in
accordance with this Lease.
27. 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.
Any prior or contemporaneous oral or written agreement is hereby declared null and void. This Lease
shall not be amended unless agreed to in writing by both Lessor and Lessee.
28. RIGHT TO AUDIT.
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.
29. 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.
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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.
(Signature page to follow)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on
this the<-5day ofk'� —20*4j
CITY OF FORTH:
Rogjr Vona
Aviation Dir ct r
Date: J?
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � a day of
202�5
, LINDSEY DENISE CR CKER
c �►�` .
::°; 6-Notary Public, StateU
+� Comm. Expires 02-0""I °F„���•Notary ID 13357
APPROVED AS TO FORM
AND LEE'G'A�LITY:
By:
Thomas Royce Hansen
Assistant City Attorney
M&C: None Required
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Public in and for the State of Texas
n
fORT"Vo
ATTEST: °d
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By:
Jannette S. Goodall
l �City Secretary
_ V
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.
SG.i 6a�.� �eecuusiz
Barbara Goodwin
Real Property Manager
LESSEE:
MCCRACKEN HOLDINGS, LLC
Michael McCracken
Date: 11 fo /a
STATE OF TEXAS
COUNTY OF TEXAS
ATTEST:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Michael McCracken, 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
McCracken Holdings, LLC and that s/he executed the same as the act of McCracken Holdings,
LLC for the purposes and consideration therein expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of
06yfM b-et- , 2022.
JOYCE GONZALES
Notary ID #131780722
^� }� My Commission Expires
h orb October 31, 2026
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—(I-tcr A-- AM, A�
Notar6 Pu 'c in and for t State of Texas
EXHIBIT A
W-5 BOX HANGARS
G
H
I
J
K
L
Michael McCracken
A
B
C
D
E
F
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EXHIBIT B
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EXHIBIT B-MINIMUh1 IHSURVICE REQUIREMENTS
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Box Hangar Lease Agreement
Between City of Fort Worth and McCracken Holdings, LLC
Page 15 of 16
DEFINITIONS:
Coverage'br tt5- 2Nld na Includes Ib_5 Is not limited bo; Get bulding zed Mctures, completed addltices to covered
bukdyngs, -outdoor rattres, petrnantntly Ystm tU`l ibdumt, m ac;*mnerr and equipment_ The buildd1ro materfat used it
m antaln and service the k9ured, premises In also insured. Bus!inrss >=eTsonal Property owned by the Insured and
used in the k',sured's bu;inesf Is coytred for direct loess or darnapr. The coverage inckndes {but K W ImIted bey
furniture and fodures, stocX, Improvernerats and bettermem, leased property'.ar YMch }ern beet a cor2ractual
obligation to Insure and several other slmllarbusiness property Items i4ten rsR:.pedfkaityeretvdetl from coverage.
Trot potcy is also designed to pmtert tole Insured against lass or damage to the Personal Property at lathers wed
In the Insureds care, cus0dy and control.
BusYr--ss income .,sometimes called 6culnes. Interrr-"en) affords pro-ddcn agahst the loss U eamSngs of a
Naires dcrina tree tin a required to rebutd orrepaY covered property damaged ordestrn}ztl by fre or sore other
Insured cause of doss.
Eld a Exnenseatow3 coverage for those adaltlsrai rxpenr ryer and above normal operating rxptnses paid due
to damage to covered prapeftTrom a cmeretl cause of km s. These etperses could Inck>de Tend, tAlti-s, m oykia
expenses, telephone, adiertth-q and labor.
this coverage protects the Ins:red 5-x tedb' Ir(rr' or property damage in the 4 rd parties, farwftich they are legally
liable. The polcy covers accidents occurring on the premises or away gram the premises. Coverage is provided nor
Injury or darnages arizing otd of goads arprod=xts made or sold tyy the r—wied insrred. Coverage is worded for
fitr netted Insured and employees of the rw ,ed knmred; !, wev+er, seve-W kuNduals and orpanttahonz Wier than
the named Insrxed r nay be covered depending upon certaln circumstances specifled in �� pokcy. at addition to i ,c
Iknlls, the poi - provides va plem-erdal payments for attorney16ees, court costs and of=ier expenses associated with
a clam or tne defer--e a', a labl1 y suk.
Coverage A -Badly IgjmyarA Praparfy Damage Llabl*
CONI3i$FCIAL iGW4ESAL-
Badly injury mean physical Injury, sickness or disease, tcLdIng death. Property Camage means physical Injury
to tangd ie property, lnckrdlng the re_*.tlk-4 lass or use of fihat property.
Coverage 8 - Perconal Irdury and AdvorlicIng injrarf Liability
Personal Injury means false arrest, rtaik;ot-7ts prasecifian, wrong4:rentry orslander and vlaisti ra of
a personas right of privacy. Airwertising injury means lbel, slander, disparagement, violations of a persons right of.
prwacy, misappropriation and copyright infringement.
Coveraga C . Meaoal Payonert5
Medical Ptfyment means medkal experses for badly kJLry caused by an accident
Insures the rwoer operallor W Legal obFgations Fin pay damages due to loss to an alrcraft that occlrs when the
8AN�a AF'aK , FERS
aircraft is In the care, c%rta4 "conbutolf the Insured iD7:afe .GrpYiQ, 5 -rage, service or repay. Cwierage
1.1ASILITY
eidernds in llabdly' Uilms linmiv'ng an afrcraff'S loss df use.
Insures the pollution expasure associated with the Irased's property and operations, k-,cludIng costs or cleanup and
remedial or carmcWe act -on d-r- to a third-par'4 demand or a gammmert order. Tr'e Polutan exciusbn In general
ENI,IR.OMENITAL
lhbft Insurance e'kcttvety e-ImInates coverage 'or damages ac+rbo lye lr(wy, propeTtydamape and cleanup cast
IMP1H3,M4rLIABILITY
arisingfrommost types afpbluuonevents- Because ofInv,mmtornMeaprotection ibrthepblutbnexposureof
numerazs Insureds in tick ca9-gnryr Is emend.
Coverage geared speclIcalty to trot operation of aircrat and the rots involved in aviation. Relation Insurance
policies are dlstMty mtierentirom those kr airier areas or transportattlar, a d tend to Incorporate aviaUon
AIRCRAFT AND
terminology, as wet as tetrr,03gy, knit, and clauses specllc to aviation 1sumwce_ Passengtt nattily prated
P SENGER LIAU TrY
passengers rldrig In the acc?dcrt aYvaF who are Injured orkided. In many cacr1Yss this cvreragr Is randav-'ry
onsiy for commercial or large airvafa. Onvtrage Is alines sad an a 'persear basis, wills a specredd Imltfor each
passenger seat
the llabfty coverage of the Buskxss Auto Policy praAdes protection agai'ng legal lbb-W aillMg out of the
AXIIXTY
ewerhit?,malrtenance orceeWany Insured automobile. Theinswr4agreemertagrees topay far badly Injury
or property damage .'or vMch the Ysu red Is legally Tespar bit bec:nse of an nulaFmsblle accident. Tt& palcy a;so
states that, In adidtlon to the pa3mtnt W damages., to Insurer also agrees to deferd the insured for aI legal
defense cos- The de'ense Is lei addban to fir_ pnGcy lm its.
wT-ONVNEU 1rEMCLES
r
AnagreemeJntbetween two parties In iek:h om- party agrees to watre subrogation right against another In the
OF
cunt of a less. Tree intent Is In prever8 one party's Insurer from persuing subrogation against the other party..
ERVAJIER
S 310GATIEDN
Avdallou3 MINrn�an tiarWardc, �jof Fort'lfiortiJlfatan Lvxfia<tmertt lL'Sff�',=y
Box Hangar Lease Agreement
Behveen City of Fort Worth and McCracken Holdings, LLC
Page 16 of 16