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HomeMy WebLinkAboutContract 60608CSC No. 60608 FORT WORTH MEACHAM AIRPORT AIRCRAFT TIEDOWN LEASE AGREEMENT (Month -to -Month) This Aircraft Tiedown Lease Agreement ("Lease's is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director, and the HELICOPTER INSTITUTE, INC. ("Lessee"), A Texas based, for -profit corporation, acting by and through Randal Rowles, Its duly authorized President, more fully identified in Section "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information"), attached hereto and incorporated herein by reference for all purposes. 1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of Exhibit "A" ("Premises"). Lessee accepts the Premises in its present condition. Upon the expiration or termination of this Lease, Lessee shall surrender the Premises to Lessor in the same condition, subject to ordinary wear and tear. 2. The term of this Lease shall commence on December 15.2023 and will automatically renew on each subsequent month unless canceled by either party by written notice provided to the other party not less than 30 days prior to the effective date of such cancellation. 3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A". Initial rent payment is due on or before the effective date of this agreement. Thereafter, monthly rental payments are due on or before the first day of each renewal month. B. Rental rates for each Renewal Term shall comply with the rates prescribed for the Premises by Lessor's published Schedule of Rates and Charges in effect at the same time. 4. Lessee may use the Premises only for parking of the aircraft described in Section B of Exhibit "A" and for no other purpose without the prior written consent of the Director of Aviation or authorized representative. 5. Lessee shall maintain the Premises in a good condition and keep the Premises free from trash at all times. Lessee shall not store, dispose of, or allow to stand any fuels, oils, solvents or other hazardous material on the Premises. Lessee shall not conduct or permit any action or activity that constitutes a nuisance, interferes with the use of any airport property by other tenants, or disturbs or endangers the general public in any way. 6. The Lessee shall have the right to make improvements to the Premises upon obtaining the necessary approvals from Airport Management as specified below: (1) For the purposes of this Agreement, "improvements" shall be defined as any alteration, addition, modification, or renovation made to the Premises by or on behalf of the Lessee, excluding routine maintenance and repairs. (2) The Lessee shall be solely responsible for all costs associated with the planning, design, construction, and maintenance of any improvements made to the Premises, including but not limited to expenses related to permits, licenses, and professional services, with no entitlement to reimbursement for such expenses. Month -to -Month Tiedown Lease Agreement Page 1 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (3) Prior to initiating any improvements to the Premises, the Lessee shall submit detailed plans and specifications for review and approval by Airport Management. (4) Airport Management shall have the right to review and approve or disapprove any proposed improvements within a reasonable time. (5) In the event that Airport Management disapproves of any proposed improvements, the Lessee shall not proceed with such improvements without obtaining written consent from Airport Management. (6) Lessee acknowledges that Airport Management's approval is a condition precedent to the commencement of any improvement work, and failure to obtain such approval may result in a breach of this Agreement. 7. Lessor shall have the right to the Premises at any time in order to inspect or repair the Premises, or to perform repairs or maintenance to other airport property. 8. 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, OFANY MND 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, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED 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 NEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAYLESSOR FOR ANYAND 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 Month -to -Month Tiedown Lease Agreement Page 2 of 6 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. 9. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Premises. Lessee shall obtain the required insurance specified to be maintained by a commercial tenant in accordance with Exhibit `B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this Lease for all purposes. Out of an abundance of caution and to avoid any doubt, Lessee shall be required to provide the same levels of insurance as required for Box Hangar, T-Hanger, and Community Hangar Leases outlined in Exhibit B. 10. A. The following events shall constitute events of default by Lessee under this Lease: (1) Lessee's failure to pay any installment of rent within 10 days following the date that payment was due; (2) Lessee's failure to comply with any term, provision or covenant of this Lease, other than the payment of rent, within 15 days following receipt of written notice from Lessor to cure such failure; or (3) Lessee's abandonment or vacation of the Premises. B. Upon the occurrence of any such events of default, Lessor shall have the option to terminate this Lease without further notice to Lessee. Upon termination Lessor shall have the right to take full possession of the Premises, by force if necessary, and to remove any party remaining on the Premises without being liable for trespass or for any other reason which may stem from Lessor's termination or assertion of its right to terminate. In the event of termination, Lessee agrees to pay Lessor on demand the amount of all loss or damage that Lessor may suffer by reason of such termination. 11. Lessor shall at all times have a lien on all aircraft and any other property located on the Premises. Lessee covenants and agrees that it will not remove from the Premises any such aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of money to which Lessor is, at the time, entitled under the terms of this Lease. Upon the occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it, either herein or by law, including Lessor's right to the demised Premises, take possession of the aircraft and any other property situated on the Premises and, after providing Lessee with five days' (5) written notice, sell the same at public or private sale. In this event, Lessor will apply proceeds from such sale, less any and all expenses incurred by Lessor in the possession or sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively, Lessor may foreclose upon its lien on Lessee's aircraft and other property on the Premises as provided by law. Lessee acknowledges that such lien is supplementary to any statutory lien for rent that Lessor may also have. 12. This Lease shall be governed by the laws of the State of Texas. In the event there should be a breach or default under any provision of this Lease and either party should retain attorneys or Month -to -Month Tiedown Lease Agreement Page 3 of 6 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. 13. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in Section B of Exhibit "A." 14. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or interests granted by this Lease. Any attempted assignment of this Lease shall be null and void. 15. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and regulations established by Lessor. 16. 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. 17. 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. 18. If any provision of this Lease is subsequently held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. The person signing this Lease hereby warrants that he/she has the legal authority to execute this Lease on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Lease. 20. This written instrument contains the entire understanding and agreement between Lessor and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null and void. (Signatures Page to Follow) Month -to -Month Tiedown Lease Agreement Page 4 of 6 IN WITNESS WHEREOF, the arti s hereto have executed this Agreement in multiples on this the ,65 6`07 day of .2023. CITY OF Airport Systems JZte,gior Date: l01 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.4/ " i GIVE UNDER MY HAND AND SEAL OF OFFICE this h1 - day of �o T 2 2023. i >rtheState of Texas i u 4F FQRT �Ba °°°`Y0� ATTEST: °o&o M" By: Janette S. Goodall City Secretary BARBARA JEANETTE GOODWIN SPRY P06 �i c2r �cNotary Public, State of Texas N9•+`` Comm. Expires 09-12-2027 Notary ID 125732741 APPROVED AS TO FORM AND LEGALITY: By: u Jeremy Anato-Mensah Assistant City Attorney M&C: None Reauired Month -to -Month Tiedown Lease Agreement Page 5 of 6 77 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. Barbara Goodwin Real Property Manager LESSEE: ATTEST: HELICOPTER INSTITUTE, INC. By: By: Randal Rowles President Date: 12 - ( Z — 2O % 2--> STATE OF 7-QXO6 § COUNTY OF TO—�rrLI-4 § BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Randal Rowles, 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 Helicopter Institute, Inc. and that he executed the same as the act of Helicopter Institute, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. y� GIVEN UNDER MY HAND AND SEAL OF OFFICE this 241 day !�.(.Q m ber .2023. ,�pQY PUB ASHLEY MIKEL i�n Notary ID #132036624 N, Q My Commission Expires QS 9rE OF t�+ June 28, 2027 Notary Public in and for the State of %( J Month -to -Month Tiedown Lease Agreement Page 6 of 6 EXMIT "A" A. Lessee Name: Helicopter Institute, Inc. Contact: Randal (Randv) Rowles Address:101 Aviator Drive City: Fort Worth State: TX Zip: 76179 Phone #: 561-386-6078 Email: randvrowlesdpe@amail.com Business (if applicable): Same as Above Address: City: State: Zip: Phone #: Fax #: In case of emergency: Contact Name: Ashley Mikel - ashley@helicopterinstitute.com Phone: 817-675-8180 B. Authorized Aircraft for all eight spaces (Aircraft rotation) N120LH — Bell 206B N 108LH — Bell 206B N105LH — Be11206B N107LH — Bell 206B N138LH — Bell 206B N158LH — Bell 206B N2191 —Bell 407 N970C — Bell 407 C. Tie Down Site: See Man (attached) N271HP — Eurocopter AS 350 B2 ECUREUIL N30ONB — Hughes 269C N8372R — Robinson Helicopter R22 BETA N553 JB — Robinson Helicopter R44 lI N50RM — Bell 505 D. Rental: $55.00 monthly per tiedown Quantity: 8 Total Amount Billed Per Month: $440.00 E. Start Date: December 15.2023 LOCATION MAP