HomeMy WebLinkAboutContract 28525�
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STATE 4F TEXAS §
COUNTY OF TARRANT §
Ci`�Y ��C����4R� � ,
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Thxs Airshow Agreement {"Agreement"} is made and entered into by and between �lie
City of Fort Worth, a horne-rule municipal corporation in Tarrant Caunty, Texas, act�ng herein
�y and through its duly authorized Assistant City Manager, hereinafter referred to as "City" and
"Fort Worth Aviation Heriiage Association", a Texas non-pro�t carparatio�, acting herein by
and tbrougl� its duly authorized Presidant, Melvin Haas, hereinafter referred to as "Permittee"_
WITNES SETH:
That for and in consideration of the mutual promises, covenants and representations
contai�n.ed herein, the parties agree as follovvs:
1.
City hereby grants to Per�nittee the periodic, temporary usc: of property comprising a
po�tion of Fort Worth Alliance Airpart (th� "Airport"} for the pz-esentation by Permittee of one
airshaw for the general public {the "Airshow"} during c�endar year 2Q�3 in accordance with this
Agreement and Penmittee's Airshow Proposal attached hereto as Exhibit "A" which is hereby
made a part of this Agreement for all purposes. If Permittee cornplies with all texrns and
conditions af this Agreement, Permittee will have five (5) consecutive optians to ren�w this
Agreement, provided that Permittee has complied with alI terms and conditions of ihis
Agreement during tb.e previous y�ar ("Renewal T�rm'°) .
In the event that Permitf�e wishes to exercise such option, Permitte� will provide w�itten
notice to the City between December lst and December 31st o�the yeair pre��c��� r�x for
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whzch Pe�mmittee wzshes to renew this Agreem�ent. Perrx�ittee's written noiice shall include an
Airshow Proposal ("Proposal") that specifies the dates of the Airskow for the foliowing year, the
location at the Airpart �at Pezmittee anticipates i.t will require for the presentation of this
Airshow and description o� the aciivities that will comprise the Airshow.
Within thirty (30} days o�'receipt o�the Praposal, the City shall notify P�rmittee whether
the City accepts or rejects the Proposal. If the City re�ects the Proposal, it wi13 specify in writing
what portions of thhe Pz'oposal cantributed to its xejection and n:�ay, at zts discretion, suggest
possible changes that would make the Proposal acceptable.
If the City accepts Permittee's �roposal, Permittee agrees tha.�, wi#h�iz�. thizty {30} days of
such acceptance, it will execute a sul�sequent writien Agreernent that accepts and continues the
terms and conditions af this Agreement ta Permittee's forthcamiz�g Airshow. Each suhsequent
written Agreement, shall became Exhibit "A" io this Agreement, and shall supersede Exhibit
"A" £ar the previous year's Air�how. In the event of a conflict between the terms of the i'roposal
and this Agreement, the terms of this Agre�ment will prevail.
The specific area at the Airpart that Perrnittee intends to use during its Airshow shall be
delineated on a map af the Airport and, subject ta the approval of the Federal Avia�ion
Administration {"FAA"), shall become Exi�ibit "B" to this Agreemen�. Exhibit "B" shall be
attached h�:reto and made a part of this Agre�ment for all purposes. Each year's subsequent map
shall becorne Exhibit "B" to this Agreement and shall� supereede E�ibit "B" for the previous
year's Airshow. Such area shall hereinafter be referred to as the "Premises."
If Permitee exercises all of its options to renew this Ag�eement and complies �with all
t�rms and conditions of this Agreement during �ach Renewal Term, it will have th� optian to
renew this Agreement on an annual basis for an additional period of five f51 consecutive vears
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(calendar y�ars 2Q09 thraugh 2�13), in the maz�ner provzded withzn Section I. This five {5) year
op�ion is contingent upon the parties entering into a new written Agreement that is rnutually
acceptable to both parties. If the parties canno# reacb an Agreezzzent on the terms and conditions
far this period (2009 �hrough 2013), on or before the Decernber 31, 2008, then Permitt�Ee's
options for such rene�cral wi11 expire.
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Permittee covenants and agrees to use the 1'remises solely far the. purpose of presenting
an Airshow for attendance by the general public, including the furnishing af all concessions for
the sale of food, be�erages and nove�ties. This Agreement may be administered, on behalf of the
City, by Alliance Airport Services pursuant to its management and operatians Agreenc�en� with
the City ("�perator"}. Entrance onto the Premises by mernbers of the general public for Airshow
attendance shall be subject to payrnent of an admission charge or charges, the schedule for such
charges to be set by Permittee and furnrtshed to City for informational purposes. Permittee
reserves the right to include in zts schedule the proviszon thai na adrnission is charged to certain
age groups af the general public. The schedule of admission charges shall be posted and clearly
visible at each admissian gate. 1'k�e following candiiions shall also apply.
(a} Permittee shall be responsible for er�tering into all Agreements with Aixshow
performers, concessianaires and a11 other cantracts for services necessary to
conduci the Airshow, and shall b� responsible paying all bills connected to such
sexvi�es.
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(6) 1'ernuttee shall provide the �perator a layout map of fihe proposed Airshow
grounds, designating an area of sufFcient size in which to secure Airport leased
aircraft.
(c) Permitte� shall obtain FAA approval or waivers of airspace and ground layout and
all other requixed apgrovals and submit such appror�als and �raivers to the City at
Ieast fifteen (15} days prior to the start of the Airshow.
(d} Permittee shall pxovide all necessaty sound equipment and a suitable narrator for
the Airshow.
{e) Permittee sk►all be responsible for the sup�rvision, control, parking, and
containment of a11 aircrai� involved in the Airshow and will CoOiC�in�te the
Airshow activi�ties with the fi�ed base operators on Airport; coordinate
crasl�/fire/rescue service, surveillance and eq�tipment during each perfozrnance;
coordinaie the Airshow wit.� the Airport control tower personnel locat�d at -
Airport; and be responsible for the supervision, control, parking, and containinent
of vehicles other than aircraft.
(� Permittee shall be r�sponsibl� for the supervision, control, and containment of all
spectaiors, concessionaires, and performers in the Airshaw and shall provide
su�'ficient first-aid centers.
(g) Permittee shall be responsible for the cantainment, pickup, and disposal of all
�rash and garbage related to and rasulting from the Airshow; provide all of the
necessary portable toilets and drinkmg water for use by and benefit of the
Air�how spectators and partipants; and perform post-performance and post-
Airshow hausekeepiz�g to the satis�acfion of City and Operato�r_ -_
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(h) Permittee shall arrange for and supervisa all concessions for food, beverages and
novelties at the Airshow, subject to the City's approval of the concessionaires and
subject to the rights of concessionaires operating at the Airport on a permanent
basis under license or lease with the City; and collect proceeds from tt�e
eoncessionaires with whorn it has contracted, and include this amount in the
calculations of profits, as defzned herein.
(i) The �ermission granted hereunder is subject to ihe rights of City's tenants at
Airport, and lease and opez�ation z�ighis af the tenants that are inconsisfient witb
rights granted herein will be superiar to those of Permittee.
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For and in consideratian oi the privileges granted herein, Pennit�ee agrees to pay to the
City the sum of Ten Thousand Do1la�s {$10,000) annually, said amount to be paid on or before
ten {10) days prior to the date Pernaittee takes possession af the Premises during each year fhis
Agreement is in �ffect. Payment of said sum shail bv a condition precedent to Permittee's right
to canduct its Airshow on the described Prernises.
4.
It 'rs the intention o� the parties, in addition to the consideration paid to City, that the
Airshow serve ihe general purpose af pronnoting aviatiaz� act�vit�es i�n the City. Therefore,
Permittee cov�nants and agrees that Permittee wi11 use ai1 Profits, as defined herein, from the
Airshow far the establishment o� a�'ort War� Aviafzon Museurn ("Museum"), lacated vvithin
the corporat� limits of the City, or on progerty owned by the City, and the development of
related programs of the N.Iuseum including but not lirnited to, the prepat �t�n� n� arc�t��yt�1
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d�rawzngs for the Museum, preparation of Museum display areas and aircraft prepara�ion areas,
and a�iation activities related to the Museum. �uch profits will be kept by Permittee in an
individual account at a local fnancial institution within the City, such account being desig�n.ated
specifically as funds for the �establishmen� and programs of a the Museum. � In the event �
Permittee abandons its plans for the establishment of the Museum, Permittee agrees to deiiver
said funds to the City for use by the City far aviatian related purposes as dEtermined by the Fort
�orth City Council.
Far all purpases herein, "Prafits" shall be defined as the differ�nce between all Gross
Revenue received and realized by Permit�ee from the Airshaw and the Operating Expenses
incurred by Permittee frarn �he Airshow. "Gross Revenue" shall be defined as all monies,
includ'rng sales tax, received and realized by Pennittee at, through or by virtue of the p�ivileges
granted hereunder, including by way of example, but not of limita�ion, rnonies from a11
donations, sponsorship contributians, advancc; iicket sales, gate receipts, poster sales, Permittee's
, concession operations, payments to Penmittee from concessionaires, and parking.
SyOperating Expenses" shall be defined as all expense� incurred by Permittee from its
operations hereunder which are reasonable, necessary and pertinent i:a the Permittee's operations
hereluzder accord'zz�g to generall� accepted accounting principles. The amortization or
depreciation of a11 capital assets shall be considered an operating expense for purposes herein.
S.
For purposes of determining the amount of Proiits earned as described in Section 4 of this
Agreement, Permittee shall submit to City on or be£ore ninety {9d) days fallowing tlie �inal day
of the Airshow for each y�ar, a statement, prepared by a certified public accountant acceptable to
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the City, reflecting all Gross Revenue received and all Operating Ex�enses incurred by Permittee
for its presentation of th� Airshow covered by such statement.
At City's request, Permittee agrees to permit the City, or its representatives, to conduct an
audit of Permittee's financial books and records as they pertain to Per3nittee's presentation of any
Airshow held wnderr the ternas ofthis Agreeznent.
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Nothing in this Agreement shall be construed or interpret�d as requiring t17� City to make
any payment� oz expenditure af monzes in connection w�ith the planning, preparation or
presentatian of the Airshow, either to Perm�ttee or t� any other person, association, or
corpora�zan, or on behal£ of Pexmittee or azxy athe� person, association, or corporation. City shall
not pay state sales t� receipts that might be owed to the 5tate of Texas by Pennittee, its
concessionaires or performers, or by sueh other person, association, or corporation.
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Permittee hereby agrees to complp with tk�e fpllawing pro�isions as requx:red by the FAA:
(a) Permittee agrees to operate on the Premises to tha benefit of the public and:
(1) To furnish gnnd, pralnpt and efficient serviee adequate to nr�eet all the
demands for its service on thc Premises;
(2) To furnisb said service nn a iair, equ�l az�d �.ondiscriz��inatary basis to all
users t�ereof; and
(3) To charga fair, reasonable an.�. non�discriminatory prices for each unit of
sale or service, provided that Permittee may be. allowed to make
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reasonable a.nd nondiscriminatory c�iscounts, rebates or other simila�r types
of price reductions to volume purchasers.
{b} Permittee, for itself, its personal representati�es, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant and agree
thai:
(1) No person, on the grounds of race, color or national origin sha.11 be
excluded fram participation in, denied the bene�its of, or be otherwise
subjected to discrimination in the use of such facilities;
(2} In the canstruetian o� any impravements an, over or under such la.nd and
ihe furnishing of services thereon, na persan, on the grounds of race,
colox, or national origin �hall be excl�ded fronn participation iz�, dez�ied the
benc�fits of, �r otherwise be subj ected to discriminaiion; and
(3) That Permittee shall use th� Premises in compliance with a11 other
requirements imposed by ar pursuant io Title 49, Code of F�deral
Regulations, Department of Transportation-Effecivation of Title of the
Civi1 Rights Act of 1964, and as said regulatians may be amended. T'hat
in the event of breach of any of the above nandiscrunination cflvenanis,
City shall have the right to ternvnate this canfiract and to re-enter and
rapossess the land and faciiities and hold the s�ne as if this contract had
ne�rer been made or issued.
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Permittee covenants and agrees that it will, at its expens�e, keep and maintain the
Premises and any improvements thereon in good condition; and wilI do. a11 work and
� make all repairs n.ecessary ar advisable to restore the Prenr�ises to a safe operation status
in accordance with the Airport's Federal Aviatian Adrninistration Regulation Part 139
Certification. City shali have the right and privilege, ti1T'OLl�Yl lf5 �gBI7.tS ��C� O�IC1�5 i0
make inspections of the Premises and thereafter to requir� Permittee to make any repairs
�iat, in the City's opinian, are necessary ta be perfprn�ed by Pezmittee upan the Premises
in aceordance with the foregoing. In ihis connection, Permiitee covenants and agrees that
it shaXl make coznplete atxaz�.gements far the making af such repairs. In the event that
Permittee sha11 fail to undertake such repairs within thirty (3Q) days afier written
notifica#ion by the City, it is understood a�d agreed that the City may, within its
discretion, undertake to make such repairs as it may dcem necessary to restore said
Premises back to its condition prior to the date Permittee takes possession af the Prernises
befc�re any Airshaw held hereunder, and, in such ev�nt, th� cost of such repairs shall be
an ohligation on Permittee to pay same upon the receipt of the bill from the City for the
cost af such repairs.
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Permittee covenants and agrees that it will not make or suffer any waste of the Premises;
that it will nat place any irnprov�cnts upon the Premises ar make any alterations ta saic�
Premises, including penetration of paved surfaces, except such as may first be approved 'zn
�riting by the City. - �--
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Permittee covenaz�.ts and agrees that it shall not make or suf�er any uz�.�awfi�1, improper or
affen,�ive use of the Premises ar any part tl�ereof In this connection, Pennittee eo�enants and
agrees that it will not permit the use of loud, abusive, � foul, or obscene Ianguage, nor wi�1 it
permit arzy abscene acts or cond�xct by any person or persans upon the Premises, and that the use
of such language or the accurrence af any obscene acts ar conduct sha11 result in the reznoval of
any pers�n or persons who used or performed same from said Pxemises by Permittee, its ofFcers,
agents, servants or employees.
11.
Permittee covenants and agre�es, upon City's request, to replace any landscaping,
including but not limited to any greenery, plant�, flawers, and shrubbery on the Premises which
may be destroyed by Permittee's officers, agents, 5�T'V�PltS, employees, contractors,
subcontractors, pe�%rmers, patrons, invitees, or licenseas, in ihe use of such Premises. The
Permittee fur�her agrees to maintain and police the area in order to keep ihe Prernises in a clean
and sanitar�r condition at all tunes in compliance with all ordinances and reguiations of the City.
In this connection, _Permitte� shall permit the City's agents, servants or employ��s to make
inspection of tk�e Premises at any time.
12.
Permittee covenants and agrEes to comply with all Iaws, federal, s�aie and local, including
a11 ardinances of �he City, all rules, regulations and requirernents of Operator, the City's: Police,
Fixe, Health, Transportation and Public Works, and Aviation Department�,..anc� ��1 n�lec and
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regulations of the FAA. It is agreed �nd understood that if the City or thc FAA calls the attention
of Permittee to any such violation on the part of Pez•mittee or any officer, agent, employee,
conl�actar, conce�sionaire or performer of Permittee, then Permittee shall immediateIy desist
from �and co�rrect such vialatian. Wzt�a respect fia azxy �proposed fireworks display during the
Airshow, Permittee expressly agrees to comply with the directions of the City's Aviation
Department, 4peratoz, an.d t�e Fire Chief, oz' tkaeiar duly authori.zed representatives, with respect
to any fireworks and the relocation of planes due to any fireworks display, and Permittee will
assu�.e all responsibility £or saxne.
13.
It is a�reed and understood that Permittee shall opera�e hereunder as an independent
contrractor as to all nights az�.d privi��eges hexein eontained a�d not as arx o�'f cer, agent, employee,
contractor or subcontractor of ihe City. Nothing herein shall be construed as creating a
partnership or joint enterprise between Permittee and the City, and the docttine of respondeat
superior shall not apply as between t�e City and Permittee. Permittee sha�l be solely responsibl�
for the acts and omissions of its officers, agents, servants, employees, contractors,
subcantractors, concessionaires, perfarmers, licenses, invitee5 and patrons.
14.
Permittee covenanis and agt�ees that is shall not assign alI or any part of its rights,
privileges or duties und�r this Agreement, and any aitempted assignrnent of same shall b� void
and eonstitute grounds for termination by the City, o� this Agreement and a revocation of ihe
privil�ge to conduct an Airshow at the Airport. Permittee may enter into concession Agteements
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and service Agreements which axe necessary £or the presentation of the Airsho�r; provided
however, all such Agxeenaents shall incorporate by referenee the terms of this contract, and
Permittee sha1l cause said concessionaires and serv�ice providers to operate in accarciance with
�he t�rms hereof Permittee may contract with subcontractors �a assist Permittee in the
presentaiion of the Airshow.
15.
Permitte� cavenants and agrees that City shall in no way, under any circumstances, be
respansib�e for any property belonging to Permittee, its officers, agents, concessionaires,
performers, emplayees, �icez�sees, inviiees, patrons, or irespasst:rs, which �x�,ay be stolen, lost,
destroyed or in any way damaged, and P�rrnittee hereby indemnifies and holds hannless City, ifs
officers, agents, servants and ennployees from and against aIl such claims and suits.
16.
City does not guarantee p�lice protection for Permittee, its officers, exxaployees,
contractors, concessio�aires, performers, licensees, invitees and patrfln�, and wi11 not be liabl�
for any loss or damag�; sustained h� any of them resulting from eith�r normal or xnalzcio�s
damage.
17.
PERMITTEE COVENANTS AND AGREES TD I1VDEIVINIFY, HOLD HARMLESS
AND DEFEIITD THE CITY, ITS OFFICEI�S, AGENTS, SERVAIV'TS ANi) EMPLOYEES
FRQ11l AND AGAINST ALL CLAIMS, LAWStT.ITS OR CAUSE OF ACT1nN F�R
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DAMAGES OF ANY KIND, INCL UDING B UT NOT LIMl'TED TO, PROFERTYDAMAGE,
PERSONAL INJURY OR DEATH, OF ANY .K.I1'�D OR CHARACTER, WHETHER REAL
OR ASSERTED, ARISING OUT OF OR I�VCIDENT TO THE PLANNING, PREPARATION
AND PRESENTAT.��N OF THE �IIRSH4W OR OTHERWISE C4NNECTED OR
REiATED TO THIS AGREEMENT, WHETHER OR 1VOT CAUSED IN WHOLE Dl� IN
PART BY THE NEGLIGENCE �N TSE PART �F THE CITY, IT5 OFFICERS, AGENTS,
SERVANTS, �'MPLOYEES, CONTRAC?'DRS, SIIBCONTRACTORS, LIC�'NSEES OR
INYITEES PERMITTEE HEREBY ASSUMES ALL LIABILITY 4F THE CITY, ITS
OFFICERS, AGEIVI'S', S`ERVANTS AND EMPLDYEES FOR ALL CLAIMS, LAWSUITS
4R CA USE DF ACTIONS FOR DAMAGES OF ANY KI11�D, INCL UDING B UT NOT
LI1i�IT�D TO PRDPEItTY DAMAGE, PERSONAL INJURY, Ol� DEATH, OF ANY gIND
DR CHARACTER, WHETHER REAL OR ASSERTED, .ARI,SING DUT OF DR INCIDENT
TO THE PLANNIIVG, PREPARAT'IOiV A1YD PRESENTATIDN OF THE AIRSHOW OR
OTHERWISE C0IVNECTED �R RELATED T4 THIS AGREEMENT, WFfETHER OR
NOT CAUSED IN WHOLE OR IN PART BY NEGLIGENCE ON THE PART OF THE
CITY, ITS DFF�`CERS, AGENTS, SERYANTS, EMPLOYEES, CONTRACTDRS,
SUBCDIVTRACTORS, LICENSEES OR INYITEES. PERMITTEE SHALL LIKEWISE
INDEMIVIFY AND HDLD HARIYILES`S THE CI'TY �'�R A1VY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTIOIY WITH OR
RESULTING FROM ANY AND ALL ACTS OR OMISSI�NS OF PER1k�TIfiTEE, 1'TS
OFFICERS, AGENTS, SERVANTS, �MPLOYEES, CONTRACTORS,
SUBCONTRACTORS, CONCE55IONAIRES, .PERFDRMERS, LICENS.�ES, PATRONS
OR INVITEES, WHETHER OR NOT CA USED IN WHOLE OR I1V
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�VEGLIGENCE ON THE PART OF THE CI?'Y, ITS OFFl`CERS, AGENTS, �ERVANTS,
EMPLOYE�S, CONTRACTDRS, SUBCONTRACTORS, LICENSEES OR INVITEES
PERMITTEE'S AGREEMENT HEREUNDER TU INDEMNIFY, HOLD HARMLESS AND
DEFEND THE CITY, ITS O�FTCERS, AGENTS A1VD EMPLOYEES ALSO SHALL
RELATE TD ANYDAMAGES OR INJURIES, INCLUDING DEATH, ARISING OUT OF
OR IN CONNECTION WrTH THE CON�UMPTION OF FOOD A.ND BEVERAGES SOLD
ON THE PREMISES BY PERMITTEE OR ANY CUNCESSIDNAIRE O�ERATIIVG ON
THE PRE1tilISES
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Na I�ter t�tan tJ.iirty {30) days pz�oz- ta the Aixshow, Permittee will furnish proof that it has
securec� and paid for a policy of liability ins�rance cov�ring all risks related ta the proposed use
of said property. Said policy shall �e in ihe following amount:
Singl� limit bodily injury and
praperty daxx�age liability $S,OOf�,000 per occurrence.
This lunit may be changed by the City for any Airshow, should the Ciiy deem it advisable ta do
sa as a result of a change in the Airshow performance that would increase the City's liability.
Such �olicy rnust provide that in th� event of cancellation, norice of cancellatian must be given
in wrihng to the City's Aviation Department at Ieasi ten (10} days prior to the daie of
cancellation.
Pezxnittee sha11 name as additional insured on the certificate of insurance the City and all
persons ar firrns that are specified by the City for each Airshow, aIl as their interests may appear.
A copy of this list will becflme Exhibit "C" to this Agreement, as may be supplemented by City
and Permiitee from time to time.
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� Permittee covenant� and agr�es Yhat in the event of a bxeach by Permittee a� any covenant
contained herein, then and in that event the City may, at is option, declare this Agreerrient
terminated and enier upon and take possession of the Prernis�s and Permittee� covenanis and
agrees to gzve up and peaceably deliver immediate possessian of �he 1'remises ta the City.
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Permittee covenants and agraes that in the event this Agreement shall be terminated or
forfeited for any reason, Penrzlittee shall delivex possessio� of the Premises to the City witk�in 24
hours of noiice by the City�, and if Permittee shall fail and refiise to deliver such possession upon
such tern�izzation of this Agreement, ihe City shall have the righf ta expel and remove forcibly, if
neeessary, Perrnittee and its property, therefrom, and in such event the City shall incur no
liability as a result of such removal. Pernuttee agrees that in the event af a terminaiion this
Agre�m�nt, as aforesaid, Permitte� shall indemniiy, hold hanmless, reiease �nd defend the Ci�y
and its officers, agents and employees for all loss ar damage which Permittee, or any other
persan, association or corporatian may incur ar suffer a� a result �f or in cannec�ion with �he
termination of this A�reement, whether such loss shall be through decreased rentals, revenues, ar
otherwise.
21.
i'erniittee fUrther covenants anc� agrees that it will, at the end of the term flf this
Agr�ement, peaceably deliv�r up unto the City the premises and all appurtenanc�s or
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irnprovements thereon in a good state of repair, as aforesaid, and vacant, unencumbered, and in a
good and tenantable condi�ion.
22.
Upon termination or expiration of this Agreement, Permittee shail, at its cost anc�
expense, return the Premises to the City in a cl�an and sanitary condition. AlI items left on th�
Premises, that were not previously located on the property priar the Permif#ee's occupancy shall
be rernoved by Permittee upon termination or expiration of ihis Agreement. These items include
but are not limited to, all ropes, barricades, trash, Iitter, txash cans, portable toilets, abandoned
rnotor vehicles anc� vehicle parts, placards, bleachers, ticket stands, and exhibition and
concession 5taI1C15. In the event that Permittee shall fail to remove any such items �apon
fierminatifln or expiration of said Agreem�nt, Operatar may, within its di�cretion, aftEr 24 hours
writtan notice to Permittee, undertake to remove said items, and in such event, the cost of said
�rez�oval shall be an obligation an Permittee to pay sarne upon the receipt of the bi11 fro�n the
Operator for the eost of such removal. Permittee shall indemnify, hold harmless, release and
defend the City, its officers, agents and employees from any and all claims, Iiability or suits
resulting from the damage, destruction, loss, rernoval and dispasal of said items.
23.
Permittee covenants and �agrees that it shall have no �ower to do any act ar make any
contract that rnay create or be the foundation o�' any Iien upon the praperty or interest in the
properiy of the City, and any such contract or lien created or atteznpted shall be void. Should any
lien be created or filed, Permittee, at its sole exp�nse, shall liquidate and discharge same within
�U�lr��!r Uiti�� G`:'��' ` -
G`(I;?;�,7 G�G� s^ linr
;i �
� 9uS u
l!� h
16 . �
fhirty (30) days next after filing thereof; and should Pertnittae fail to discharge same, such failure
shall constitute a breach of the covenant herein.
24.
Any notice or comrnunicatian req�ired in the administration or performance of tliis
Agreemen� shall be sent as follows:
TO THE OPERATOR
President of Alliance Air Servic�s
2221 Alliance Blvd., Suite l0a
Fort Worth, Texas 76i77
with copy to:
City Maz�ager
City of Fort Worth
lOQO Throckmorton Straet
Fort Warth, Texas 76102
�'ORT WORTH AVIATION HERITAGE ASSOCIATION:
Fort Worth Aviation Heritage Association
P. 0. Box 821
Fort Worth, Te�as 76101
Any such notice shall be deemed delivered to the ather party if deposit�d in the care of
the United States Postal Service, certified mail, return recei.pt requested.
25.
In the event aither ihe City�;or Permittee is rendered tu�able, wholly or in part, by �orce
Majeure ta pezfo�n utxder tb.e Airs�.ow Agreement, then, upon such party's giving notice and fixll
particulars of such Force Majeure in writ�ng to the other party as soon as possible after the
17
l. u u � ��� �:,�,
F�= p.��^.r�
�2�� ��n
oecurrence of the cause relied �pon, the abligations of the party giving such notice, to �kae extent
tk�at due c�iligence is being used to resurne perfarmance at the earliest practicable time, shall be
suspended during the continrzance of any inability so caused as fio the extent provided, but far no
Ionger periad. Such cause �shall as far as passibie be remedied with all reasonable dispateh.
However, in no event sha11 Permittee be allowed ta conduct its Airshow on any ot�er dates other
than those agreed �o in writing by City.
The term "Force Majeure" sha11 include but not be lirnit�d to, acts of Gad, ac�s of the
public enemy, acts o� a superiar governmental authority, mandate or orders by the Federal
Government, war, blockades, insurrection, riots, epidemics, lar�dslides, li�tning, earthquakes,
fires, storms, floods, washouts, tornadas, hurricanes, arrests and resiraints of government and
people, explosions, sabotage, breakage or damage to machin�ry or equipment and any a�her
inabilities of either party, whethe� similar ta thase enumerated or otherwise, and not within the
cantrol of the party claiming such inabiiity, which by the exercise o� due diligence and care such
�arty cauld not be avoided.
�
This Agreement and its e�ibits contain all t1�e Agreemenfis of the parties relating to the
subject matter hereof and are the full and final expression of the Agreement iratween the partias.
AIl previous Agre�m�nts, wheth�r oral or written, between the parties pertaaz�aing ta tk�.e pzivi�Ieges
descxibed herein are hereby terminated, cancelled and declared to be of no further farce and
e�fect. This Agreemeni �nay be arnend�d by �ither party, i� ti�e axnendment is in writing, and is
appzoved by Fermittee and #he Ciry, ax�d sign.ed by the du.ly authorized officers of both parties.
��
�, .
18 �
27.
Permittee covenants and agrees that sho�a�d a�y action', whether real or asserted, at laysr or
in equity, arise aut p� or incident to th� terms of this Agreer�ent, venue for said action shall lze
exclusively in Tarrant County, Texas.
0
IN WITNESS WHEREO�', the partzes heretb have execnted tk�is Agreement at Fori
Wort�, Tarrant County, Te�as, on the ].6th day of
CITY �F FORT WORTH
.
By:
ssistant Ci Man.a er
ATTEST:
0
' -��L
�ity �ecretary ,
C� � �' � `�4_' _ _ _ _ ,
Contract Au�horizat �n
,
� i ---- - . s--.
C�ate
APPROVED AS T� �'ORM AND LEGALITY:
,
City Attorney
Date: `� ~�l> � C�
����Y , A.D. 2003.
FORT WORTH AVIATION HERITA
AS�OCIATI4N
By:
President /Chai�-man
ATTEST:
By:
S ecretary
,
19
STATE �F TEXA,S �
COt]NTY OF TARRANT §
L'EFDRE ME, the undersigned authority, on this day personally appeaared
%y%,�� a.,. ('j�` , Assistant City Manager of the City of Fort Worth, Texas, lan.own to
�m toe be the person whose narne�is subscribed to the foregoing instrument, and acknawledged to
m�: that he �executed the same in the cap�.city indica#ed as the act and deed of the City of Fort
Woz'th, a mw�icipal co�poration of Tarrant County, Texas, for the purposes arid cansidera�ion
therein expressed.
GIVEN
��QL� �
/ _
UNDER MY HAND AND SEAL OF OFFICE this //� day of
, 2043.
-�. � ,��.,.�� •- �-
��.�`"r'¢e" H�`�Tl� I.AW�
� �a°" .. . y�� Nat$ry PUbl�c, St&t@ �i'�xa
= ��.. �g IsAy CommVssion �xpires
� ���FoF� :� J��ly' 2�, 2�03
� . - FafeP . � � _. _ - . .
�,
5. otary Pu lic in and for the �tate of Texas
My Commission Expires: 7'��° ✓ �
STATE 4F TEXAS §
COUNTY OF TARRANT �
BEFORE ME, the undersigned authority, on this day personally appeared Melvin Haas,
as President of Fort Worth Aviation Heritage Association, known to ane to be the person whose
name is subscribed to the foregoing instrunrient, and acknowledged to me thai the same h�
executed �h.e same in the capacity indicated as the act and deed af Fort Worth A�viation Heritage
Assaciation, for the purposes and cor�ideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1-6 t� day o�
January � , 2403.
,.�<��� NC� ''`'%.
•� � M .� '�-,
` �t�1�'��( ARY p��.�`1 , �,+
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= � � d
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�%���'•.C�,�IR�S , •,`��
��''�R�y2��r,��������.
�� �
Notaty Public in and far �he State of Texas
My Commission Expires; 3- 21- 06
�o
Ciiy o�.,�o�t b�o�ih, fiexas
���� �r�d ��r���;Q ���r����������
DATE REFERENCE NUMBER LOG NAM� PAGE
�i��ro� **C-194�� ��sHow '� of 1
sus�ECT AIR SH�W AGREEMENT VIf1TH THE FORT WORTH A�/IATION HERiTAGE
ASSOCIATION
RECOMMENDATION:
It is recommended that the City Council authorize the Ciiy Manager ta ap�ro�e an agreement with the
Fort Worth Aviation Heritage Association ip hold an Air Show at Fort Warth Alliance Airport during the
2003 cafendar year, with five annual renewal aptions.
DISCUSSION:
The Fort Worth Aviation Heritage Associatian (Heritage Associatian} req�uests to enter into a new
agreement with the Ci#y for the temporary use of a portion of Fort Worth Alliance Airpart for the
preser�tation of a public Air Show. �
Under Ci�y Secretary Contract (CSC) No, 1780fi, the Heritage Associatian cor�ducted one Air Show per
year at a City-owned airport. ln 1992, in order to facilitate long-range planning af future air shows (CSC
No. 19445, as amended by CSC No. 29 940), the City �nt�red into an agreement with f�e Heritage
Association to hold the Air 5how exclusively at Fort Worth Aliiance Airport. Upon complEance with fhe
terms of the agreement, the Heritage Associatian had th� aption ta rer�ew the contract annually for five
years. The Heritage Associatian has �xercised its annua[ renewal options.
This agreement will begin on the date of executio� and expire at th� end of the calendar year. If the
Heritage Assaciatian complies with all of the terms and condi#ions of the agreement, it has the o�tion to
renew the cont�act annually for five years (2004-2008), with an ad�itianal option ta renew annually for
five consecuti�e years (�009-2013) subject to renegotiation and agreement by all parties.
Between December 9st and December-31st of each year of the agreemenf, the Heritage Assaciation
wil] submit �o the A�iation Department, in writin�, its intention to exercise the renewal option. The
request should include the dates ar�d location at Fo�t Worth Alliance Airpo�t that the Heri#age
Association anticipates presenting the Air Show.
FISCAL INFORMATION/CERTIFIGATION:
The Finance Directar cert�fies tf�at this action will have no material effect on Gity funds.
M�:k
Sub�rtitted far City Manager's
Off ce by:
FUND I AiCCOUNI' I
(to}
CENT�R I AMOUNT CITY SECRETARY
Marc Qtt
Originafing Department Head:
�ridgette Garrett (Acting)
Additional InformaEion Contact:
Bridgetta Csarrett (Actin�)
$47(
5403 (f�om)
5403
APPROVED 2/25/63