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HomeMy WebLinkAboutContract 60818CSC No. 60818 FORT WORTH SPINKSAIRPORT T-HANGAR LEASE AGREEMENT (MONTH -TO -MONTH) This T-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 VICTOR TAMARGO ("Lessee"), an individual. 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 "Premises") at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1.1. T-Hangar Unit 16, located at 12617 Wildcat Way North. 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 Three Hundred Fifty Dollars and 00/100 ($350.00). 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 and last months' rent in advance. In the event that this Lease commences on a day other than the first (1 st) 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 Premises by Lessor's published Schedule of Rates and Charges in effect at the same time. 3.3. Pavment Dates and Late Fees. T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 1 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 (10th) 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 access the Premises at any given time to perform any and all duties or obligations stipulated in this Lease Agreement, as well as to carry out governmental responsibilities mandated by federal, state, or local rules, regulations, and laws. Such duties and or obligations include, but are not limited to, inspections under Health, Mechanical, Building, Electrical, Plumbing, and Fire Codes, or other regulations related to health, safety, and general welfare. Lessor shall equip the Lessee with a combination lock to secure the Premises. Lessor shall also provide Lessee with advance notice of inspections 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 of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. Lessee shall maintain accessible fire T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 2 of 12 extinguishers in a proper condition, with a quantity and type that is approved by fire underwriters for the specific associated risk. 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 a Cessna 172, N4051F. 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. T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 3 of 12 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 "A", 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 Coveraee 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. T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 4 of 12 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 "A", 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 respondent 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 PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, 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, T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 5 of 12 EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANYAND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICHARISES 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 ANYPERSON 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 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 Partv. 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 Pav 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. T-Hangar Lease Agreement Between City of Port Worth and Victor Tamargo Page 6 of 12 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 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 Unon 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 T-Hangar Lease Agreement Between City of Port Worth and Victor Tamargo Page 7 of 12 To LESSEE: Victor Tamargo 5003 Celtic Ct Arlington, Texas 76017 (817) 823-3050 / victor\vill tamareo((-i)iotmail.coiii 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. 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, T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 8 of 12 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. 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 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 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 T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 9 of 12 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. 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 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. T-Hangar Lease Agreement Between City of Port Worth and Victor Tamargo Page 10 of 12 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. 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) T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page I I of 12 IN W,„IT1NESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the day of 2024. CITY OF FORT V� RTH: R ge Ven bles Aviation irector Date:— / 193 1 12 6 Y- 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 �day of 2024. APPROVED AS TO FORM AND LEGALITY: By: Jeremy Anato-Mensah Assistant City Attorney M&C: None Required T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 12 of 12 is in d for the State of Texas ATTEST: Q A By: a Jannette S. Goodall City Secretary RPa 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 c t, including ensuring all performance and reporting requirements. r ar Goodwin Real roperty Manager LESSEE: VICTOR TAMARGO By: l/l C71-0 k (/r (J) Date: 7 11iV .I q1 ?_0 Z4% STATE OF TEXAS COUNTY OF TEXAS ATTEST: �.� •Le MARK ALLEN CAMPBELL Notary ID #126090601 ? ; My Commission Expires April 25, 2027 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared VICTOR TAMARGO, 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 VICTOR TAMARGO and that s/he executed the same as the act of VICTOR TAMARGO for the purposes and consideration therein expressed and, in the capacity, therein stated. r'1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2024. V Notary Public in and for e State of Texas T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 12 of 12 EXHIBIT A rORTIVORTH �wL~tK> EXHIBIT B -h91NIMUM INSURANCE REQUIREMENTS Property Ccrnmefc3 Hang3rkeeper, En�fronmerlta Aircraft and Passenger Auto notdle L 3b"q {To Ca egcry irstxanc? General L3GIlly Imp3lrm?n Llat+Illy inN.ude Nlred 8 Nm-IW!411 s uawity' Llavrny VetlClees) Fixed Base Operators (FBO's) Yes 4S.000,000 SH,COO M 51,000,0co LOGO,= Aircraft Maintenance Operator and Avanlca a lrsimnient Malntenarre 51,0]O,OGO 51,000,OCo 1,000.GCJ3 oberator-Piitm AVUart Maintenance Operxcr and A"Im. or Instrument Malntenxre n 55,0]O,OGD 51,OCfl,OCO 5 1,Gao,O00 0WaW-Turune A-,fonlcs or instrument Malmenarre 0;­�ator tB6nc:1 work only'j Si,fFJO,OCo 5 1,OWAO6 Al afl Renter cr F110. It Tralrt!ng F,t,Co4,U70' St,GGG,GGa'ccxt rreslce 5 1,GGO,000 Operatorm I S 107,OOrs'p3ssEnger f twari Charter or &Tc-ratt '' s5,GOG,C�Ja'orx;t:frertC M3!',3gementOper3;7r `l,W0.0D3 5303,00rdpassenger € 1,GCO,OGG A1-crattSa;esOperater a St,C06,C•]0 5 f .GOG,COQ iaCUQrer1C� $ 1,OGO,OGO `+ 516],GOCJp35srnger "y S1,GCO,00] 51,COO,D]0 Aircraft Storage Operator u,mD.D30' SS,OC'],000' S 1,0:0,.0_ AH3•Jm SeNce SUE Proprietor 5S1rGC0G,6DG]Oo.a'p'3ccse€uedrrgt�en:•a'e 2e ,1Gc ,. Otter Commercial Aermautic3 Pl vitles �,,53CA 00 'oc c4i r ren ce 5 1,OCAG(33 TempararySpectaf2edAalaron S1.00].OGO StCo,GGOiaCjrftence 5 1,GDO,000 SeYt;e 01)Mtor Non-Cccnmerct3l Hangar Les£ae 330,012'ofoocarrenos 5 i3O�,G07 Nm-COMMef= Ftyng CIUD St,COO,CGQ'C4,urrenCe 5 1,GDJ.000 51Ga,G�Gru3ss?naer Non-CanmefCOI Sett-FUE019 &P1.4k uAva aFy 5 I i3OGo,OLkT 51,OCo,O00 58CG,00],bccurrrr.Ce € 1,G0O,00] 64.1-omrnefclal betf•FUemg Penntee I ssoo,OCo 530,003b oijrrenae 5 (Alternative Fuels e.o. moaast Box Hann. T•Hangar, Communlr} 536],OGCva atrrence 5 Hangar Other 'Insur3'Js requvenSents suOJEC1 to deteml111atQn by A%fakm Depa,vnent and Risk Management. Additional Insurance ReClLirements -Lessee's poll;le£ are to be prmary t0 any other V3110 and 0eC1101e Insurance avall3ble to the City -All p8llaes £n31=41.4e a Waiver of5utfr gaUan In favor of the City {Temporary SASO n1Jst Xso Include Alrpon Lessee) -The CITY of Fort Wom gnat oe named 36 Adcldunal Insured ),Temporary must 3U Include Altpor, Lessee; • PP]des shall have no musim6 by endorsement, witch, reltr*r nulrry or amend me regiars l tines Of W.arage, nor deoteme the Int85 Of said cdvprage t Co'o,erage per 3"rcraft spwa be eq:il6'3lent to the xrerage, 31rcrafl v311e 31 one ltme arA cNx-age per c<,,v :nu £.hcula be egtawaient to titre average a the macmuIn vatUe of tot3 31forart W. dne hme,. tint nU, Ic£5 than she amojnt noted above 'Must hciud2 Negligent InWucton Coverage ' If ain raft s3;rage ope ator s provaing £:Ibieas-Ig sp3c= to 3rrran stofaye ' ONY reaUreO for those pfmsdng rimnt InstruoUcn ' Depends m terms of llp- lease ageenletl If vehicle oarks0arrdsid? - plate minkrunls wowa aoety Avl3hon Minimum Standards, Ofy cr Fat Worth AV.,V.) n Deparuaiett 1GND3t20td) T-Hangar Lease Agreement Between City of Fort Worth and Victor Tamargo Page 12 of 12 28O,00 250,0GO DEFINITIONS: Coverage'c,r rr; E ifdnp Include: Ibt a not lmttea bo}trebuidng and slructu es, completed addl%ons to catered t+3dm7s, DMoacifh irC..ptr antrttfr h,ta%edixlures, macrr'nerJ and equt -en1. The badfro milt"Wt ustd a m a'ntasn and :mice the enured t premises is, also insured. Stillness Personal Propestj owned by tre ;nsurea any used In the rsured, bpslness is covered fcr alrect br11 er dar:age. The CZv! ,e 1110i3es �dut ls MA !-gibed IC) furniture and fadures, vtoC%, !mPecvtmtnMu x,..d oettermer ,, teased property cY wtich yv-1 ra'ee a cCr7actu3t (INWt@n to In' sure and sevrrat other ,trnlar DUsine:s proper,/ Items WMntxc sp-rSt AVI exkAed from coverage. Trie potty f- a,c ae:tpned to fit mtect vr- tl.urtd apairmt lass or dxrnage 10 the Pe smal Property of Other-, w-i e in the trzured5 care, cutVly and tDntr04. Busrej,, income (sornetme, called 3uslners iiterrZten,i affords pnctettan aganst the toss c4 earNngs of a b.rlr,ej: a<xng tint tine required tc reauto ce repa'r cavetea propert damaged or destroyed her' -Ye air sa-.t ether UGtftd cause of Ioss. Eprra Eimense atowa cdticrag forrno:s adaltual e3ptnu-arcr and abo+ tt rr_rma; operating Menzes pad du! to damage iD covered prtperts frc•m a co•.ered cause of Mt. Tne:e eMer.,e: cauld nc4k* rer.:, trlttes, novng expenses, telephone, ad•serniq and dr. alas ro.erage protects the arssed to bode/ lqury air property damage 1n the t +d Pares, Ier rrhkh 11 are "31 rabk. Tire polCy cover: acC7deMs atcIAffir 7 on It* prem:rs or --Nay from the premlce':. Coverage Jjr przOded.'Ior Injury of d3rn3li-s arltirng aid at goodz orptcd rtz made or sots by tv rsarsed Ins xed. -1'average ls ag:rded for the rw'.ed ft'-real air+:+ ernp!ayetc of t'e r a lfivxea; tle1we ref' stye ir.:V.duat: air' atoanIZAMT4 cone r t1w the rra�—,ed nrrJ eo may be co.'ered depending uaan certain circumstances spedned r i to putty. air+ addlbOn to Irr_ 19nits, the poky provides PxAleentrdal pay;-entz for atarney fees, court cc,ls and otter expenses asscctsted With a tiara or brie dereme d'a tabor:, zut Coverage A - Bodily Injury abd Property Damage Liability COlflhst ELCIAL GENERAL 6adtf h;uy mean& p.rlscal injury, sicKnes, or disease, r.Cudng d-ath. ProPerr oamaoe means p+fzcal lnjury LIABILITY tc Unijbt property, (rK tiding the resullrg ass of use Cf mlt proper,!. Coverage 6 - Personal Injixy and Adverticinp Injtxly Uablllty Per,cmal yljurf means lane arrest, maltir prozeclftn, wrong` . entry or evcttcr, Gel, •,lander and Yciatark14 c• a I:er:an`s ryhl of pr;vscy. e4lvrr.'snp ;rjur, m tans alDet. slander, dt:psrap! <<en4 vlatatbns o' a peron`s right c4 prrracy, r itsapproprtstan and copyrght tnMigemerr. Co'rerage C -MMOW parrnetfo Medcal Payments ream medical erpersez for badly Y1ry caused by an acc;ir--ni. Insures the :.onager cotratnr L-a Iepai obbpatims to pay dam ages due bo;oss 10 an ai}cratl that vxcLrs wren the HANG AR EEPERS a,cralt L in the tare, ctuttdy ar contri otVe insured'or,attxerpr, ,Garage.. rervre cr. repar. Ce'+erage LIAR ILITY extends to lbb;lty, c" s n.vhrng an a4cr3dt': loss of tics. Insure. the pollaw. Mc -sure az:eclaien w th the Insured-, property and operations, Mudng coal of cleanup and remedial or cerrecbN* atCan date to a thMQ-pat`, de-, and ce a o:. Nei nmem order. Tne PoiuGan exvu.ictt in general E%1'j1R,:>)JEItiTAL ltjhcitfl'nsa rzcee"a: V-,y eiminalescove rag* fords mapc:{or bodtjlr><c+3°,Pro PeTtYdam age aracieanupcost', IMPIRMENT LIABILITY ararg fir j most r*pes at poluter, events, Because a1 tn+r, c3strr5 aid paatection for the pclUtion erPo:-'.re of numemuz 1-iureds'r L-es ta'kg?ry Is es:entoi. Coverage geared sptcricalt/ to Cv_ optraicr, of airz.rat and the racks IrivoHrd Ir, aiii;tton. Aritw.ien inzmrice pvlcles ate dtrrctly ddTerenl from these for oV,e-r area: of transparta:ncr_ and tend to inrOrp Orate a.fattr, AIRCRAP:"AND termvrovvy, a, wet as 1"7rc-Sdgy, :mllsand clauses s.pecyfc to aVatdn:reurance. Pazzergerlia"pret-M PASSENGER LIAIIILIT Y passengers rid.`np n the are i nlured or k:bed. vh rnanyec-'rtre. LN. co+erage if r:andaAty dry 4or camr•,er,al Gr large 0traf C-overagA Y. a'otri :,id cn a Wr-zaaY Gas., with a spec%ed Bart for each pa.senger seat k rR 15OLIV coverage a the Busir et. "a Palici ommicie, pratecthn against pGQ2r l+a[shsty arSyr� cut a'. the AUTQYAQtsILE LIATiIiI.`3"t'matMenance or ute of any Insured automobile. me tnsurjV Darr-emer.'. agr".., to pay fir bodly injury i no INCLUDE HIRED_ or property ds-nage for w ich the trdured isk legally resperdbbecause clan autoroblie accld-rd. rkr- poky also estate, brat, in addllon to the payment of drRages, G r- insurer also agrees to defend the lnstred for of leg ` O-OSV-NED VEHICLES} defemsc cos: The de'emze s In add win le Vie, potty Iln t.. An agreement between too puffier in wi'f m one party agrees to waNe zuorogahon rights 3231r.lt another in the S• 4XVII F, OF I event of a Icds, Tr,t ntent ;s to CieverF ant party's usurer from pxsung .sutrogaBv.n agatns.t the+other Party, 51MR CATION AviatorMlr.Irra.,�ivlandarda. Ci*Ja4Fa1`t�orit:riavxG�YttlrrvsttlCo'Gr3:+}ri+ T-Hangar Lease Agreement Between City of Port Worth and Victor Tarnargo Page 12 of 12