HomeMy WebLinkAboutContract 59180CSC No. 59180
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
Systems Director, and COWBOY UP AVIATION, LLC ("Lessee"), a Delaware limited liability
company acting by and through Gary Humphreys 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 13725
Wing Way (W5) ("Premises") at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant
County, Texas:
1.1. Box Hangar C, 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 Term shall comply with the rates prescribed for the
Box Hangar Lease Agreement
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Page 1 of t2 CITY SECRETARY
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 (1Oth) 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 PAPROVEMENTS.
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 two Cessna 421 aircraft,
N960EM and N5355J. 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
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Lessee's business operations.
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 fall 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. Adiustments 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 furnish 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 OF
LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD
HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE,
OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
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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.
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 from liability for any kind of property damage or personal damage,
injury or death, Lessee hereby expressly waives its rights to plead defensively any such immunity or
exemption as against Lessor.
14. TERMINATION.
In addition to any termination rights 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 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.
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 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
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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:
Cowboy Up Aviation, LLC
PO Box 1408
Montgomery, TX 77356
817-925-8227 / summer@txtirerec.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
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.
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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-DISCRE%UNATION 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 age, race,
color, national origin, religion, disability, sex, sexual orientation, transgender, gender identity or
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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 execution 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 Legsor'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.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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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; government action or
inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any States; civil disturbances; other national or regional emergencies;
or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party
whose performance is affected (collectively, "Force Majeure Event"). The performance of any such
obligation is suspended during the period of, and only to the extent of, such prevention or hindrance,
provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it
prevents or hinders the Parry's performance, as soon as reasonably possible after the occurrence of the
Force Majeure Event, with the reasonableness of such notice to be determined by the Lessor in its sole
discretion. The notice required by this section must be addressed and delivered in accordance with this
Lease.
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.
30. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
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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 VITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on
this the day of r_ , 2023.
CITY OF FORT
Aviation S
Date:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Roger 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 31-& day of
2023. D
NDSEY DENISE CROCKER
:,Notary Public, Stete of Texaa
moo:
Comm. Expires 02-07-2028
Notary ID 133573$541
APPROVED AS TO FORM
AND
LEGALITY:
V
By:
Jeremy Anato-Mensah
Assistant City Attorney
M&C: None Required
in and for the
ATTEST:
By.
of Texas
Jannette S. Goodall
City Secretary
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OFFICIAL RECORD
Box Hangar Lease Agreement CITY SECRETARY
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Page 12 of 12 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.
Barbara Goodwin
Real Property Manager
LESSEE:
COWBOY UP AVIATION, LLC
By:
Garyumphreys
Date: A 01 U 3
STATE OF TEXAS
COUNTY Orfffw k
ATTEST:
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Gary Humphreys, 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
Cowboy Up Aviation, LLC and that s/he executed the same as the act of Cowboy Up Aviation,
LLC for the purposes and consideration therein expressed and, in the capacity, therein stated.
GI EN UNDER MY HAND AND SEAL OF OFFICE this 1L day of
2023.
SUMMER NUDsON
My Notuy ID # i28423703
pct" 23, 2026
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Chilly
Vendee•.)
Red Base Operator (FDO*.)
Yr.
SS,OCA,DOC
'It S,ccC,3cc
;1.000,000
i 1,000,000
Alraaft Mahtennce Operator ad
A,honks or Insinrnent Uahtenarnce
S 1,Doc,OCC
c 1,000,D00
; 1,000,D00
Operator-PVton
Aircraft Maintenance operator and
Avionics orinstnrr&ntlAOtenance
S5,DOO,D00
;I'c00,N-C
; I,C•]i.C7]
Operdor-Turbiix
Aviarks or In&Vurrxrrt Maintenance
-
51,000,D00
i 1,0]C.[0]
Operator (SernchvicrkOnly)
Aircraft Rental or Flight TraWng
;1,00D,coToccurenlce
Cperaltt
OD,
si,DDDO `
; 1,DOO cao
y1D0,00D.pa::enger
A►aaftCharter orMa
51,000,000
$5,00D,00Woccurrence
; 1,DDO,C07
i50D,00olpasserger
lAanapement Operator
;1,OODROO'occurence
Aivaft Sales Operator
;1,00000C
; 1,c00,c07
-
i100,000Jpasstlger
;1,DDO,DDO
;i3OW,D0D
AkcaftStcrageOperator
4S,OOD,0005
;5,000,000 ,
S 1,000:C07
AMabon Service fideopri Pretor
51,D00,000
i1,000,00r3 accurence
;100,00WP3ssefger
$ 2W,x0
OShcrGanmcCatAeronautical
ACWlks
S1,DOD,D00
;3W,D001occunence
; 1,DOG,D]7
TertpolarySpeclatzedAv'Wo1
S1,OCO,Cc.0
OW,ODDI[ccurernce
i i,000,C07
SwAce Oper&cr
Nanfi-0rnmeclal Hangs tsrsee
$300,ODDleecurence
; 1,000,007
Nm{.arnmercW Flying Vub
;1,DD0,000'occurerice
i 1,OOO,C07
$10.=Ypassenger
Non-UrnmerclalSer-FueFiny
; i,D00,D00
41,0OO,DDD
;300,DDObccumence
; 1,ODO.D00
NwrComman:W Ser-Fue7ng
Penwtee
;500,000
i30D,00Noccurrame
i 2 0,D00
Bow Hangar, T+iangar, ConTrunt/
$300,00(occurrence
i i 0,D00
Hangar
Other
'In.urr.ce requreme nts rA&)ect todehsrnhabo n byAvlatlon Department and Rlsk h4risgr^ rY
Addi[arul Wurance Requtrermfs
-Lessee. poi icles are to be prey to any other vald and collect!Ve ireurance av&abe to the Oty
•AI potkir. rhal Indude a Waiver of Subrcgabon In favor of the Gly (Temporary SASO must aso Inc,ude Alrport Lessee)
-The G,ty of Fat Want"be named as Addlto W hsued (Temporary SASO must sso InCude Mport Lessee)
-Fol Ces aal have no ercluslons by endor*.emed, Mich , rWOw nuNy or amend the regdred lnes of coverage, nor decease the lmlts ce said coverage
' Coverage per am rat should be equtvaient to the average aicraft value at one tar& and coverage per occurrence shWd be ecpA&ent to the average of the
maximum value or total air raft at erne time, but not IGs V= the amount noted above
Must hckxk NeDlgent Inviucbon Coverage
s If atcratt storage cpersta Is proMng subieastng space for aramn starage
Ornly required for those providing Ugh wr.trucbon
Depends an toms of the trace agreement
81IveNcle Parkedlandside- State minimums vicuid apply
Avlatlon Mlnlmun StmKlads, Cly or Fart Worth ANabori Deportmem C 60 .0 1.,
Box Hangar Lease Agreement
Between City of Fort Worth and Cowboy Up Aviation, LLC
Page 15 of 16
Signature: 0M Signature:
Email: melissa.brunner@fortworthtexas.gov Email:
DEFINITIONS:
Coverage for the Bullding Includes (but Is not limited to) the building and structures, completed additions to covered
bulidings, outdoor fixtures, permanenty Installed fixtures, machinery and equipment. The bulking material used to
malntaln and service the Insured's premises Is a" Insured. Business Personal Property owned by the Insured and
used In the Insured's business Is covered for direct loss or damage. The coverage Includes (but C not Imlted to)
furniture and fixtures, stock, Improvements and betterments, leased property for which you have a contractual
obligation to Insure and several other similar business property Rem s when not specifically excluded from coverage.
The policy Is also designed to protect the insured against loss or damage to the Personal Property of Others wile
In the Insured's care, custody and control.
Business Income (sometimes called Business Interruption) affords protection aQalnst the loss of earnings of a
business during the tlm a required to rebuild or repair covered property damaged or destroyed by fire or some other
Insured cause of loss.
Extra Expense allows coverage forthose additional expenses over and above normal operating expenses paid due
to damage to covered praperlyfrom a covered cause of loss. These expenses could Include rent, utilities, moving
expenses, telephone, advertising and labor.
This coverage protects the Insured for bodily Injury or property damage to the third parties, forwhlch they are legally
liable. The policy covers accidents occurring on the premises or away from the premises. Coverage Is provided fw
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 of the named Insured; however, several Individuals and organizations other than
the named Insured may be covered depending upon certain circumstances specified In the poky. In addition to the
limits, the policy provides supplemental payments for attorney fees, court costs and other expenses associated with
a claim or the deferme of a labillti suit
Coverage A - Bodily Injury and Property Damage Llabllty
COMMERCIAL GENERAL
Bodly Injury means physical Injury, sickness or cilsease, Including death. Property Damage means physical Injury
LIAnTLITY
to tanglble property, Including the resuRIng loss of use of that property.
Coverage B - Personal Injury and Adverticing Injury Liabllty
Personal Injury means false arrest, malicious prosecution, wrongful entry or eviction, libel, slander and vlol7tions of
a person's rightof privacy. !advertising lryury means Ibel, slander, disparagement, violations of a person's right of
privacy, misappropriat;on and copyright Infringement.
Coverage C - Medlow Payn er"
Medlcal Payments meare medical expenses for bodiy Injury caused by an accident
Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the
HANGARKEEPERS
aircraft Is In the care, custody or control of the Insured for safekeeping, storage, service or repair. Coverage
LIADILITY
extends to liability claim s Involving an alrcraft's loss of use.
Insures the pollution exposure associated w-th the Insured's property and operations, Including costs of cleanup and
remedial or corrective action due to a third -party demand or a government order. The Pollution excluslon In general
EN1 IAOAiENTAL
liability Insurance effectively eliminates coverage for damages for bodly Injury, property damage and cleanup costs
IAiPIRM1VT LIADILTTY
arising from most types of pollution events. Because of thL, customtzed protection for the pollution exposure of
numerous Insureds In thIs category Is essential.
Coverage geared specifics y to the operation of aircraft and the risks Invoked In aviation. Aviation Insurance
policies are dCtincty differentfrom those for other areas of transportation and tend to incorporate aviation
AIRCRAFT AND
terminology, as well as terminology, 1mIL and clauses specific to aviation Insurance. Passenger Ilablity protect
PASSENGER LIADILITY
passenger, rlding In the acckdem aircraft who are Injured or klred. In many countries this coverage L mandatory
only for commercial or large aircraft. Coverage Is often sold on a 'per sear basis, with a specified limit for each
passenger seat.
The 1abM1 coverage of the Business Auto Palley provides protection against legal IlablRy artIng out of the
ownership, maintenance or use of any Insured automoble. The Insuring agreement agrees to pay for bodily Injury
or property damage for which the Insured I; legally responsible because of an automobile accident. The policy alno
states that, In aWbon to the payment of damages, the Insurer also agrees to defend the Insured for all legal
NON -OWNED VEHICLES
defense cost. The defense P. In addition to the policy llrru Rs.
An agreement between tovo parties In which one party agrees to waive subrogation rights against another In the
WAIVER OF
event of a loss. The Intent in to prevent one party's Insurer from pursuing zubrogatlon against the other party.
SU13ROGATION
Avlabon MlNmum EtandardG, Clyof Fait WcrthAvla m Depatmed (11fi1 YM14)
Box Hangar Lease Agreement
Between City of Fort Worth and Cowboy Up Aviation, LLC
Page 16 of 16