HomeMy WebLinkAboutContract 62028CSC No. 62028
FORT WORTH SPINKS AIRPORT
AffiCRAFT TIEDOWN LEASE AGREEMENT
(Month-to-Month)
This Aircraft Tiedown Lease Agreement ("Lease") 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 undersigned Benny Adamez ("Lessee"), an individua l, 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 October 1, 2024 and will automatically renew on th e
f i r s t d a y o f 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.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.
7.LESSEE HEREBY ASSUMES ALL LIABIUTY 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.
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Tiedown Lease Agreement
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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
BIISINESS 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 O UT OF OR IN CONNECTION N7TH THE IISE
OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, IISE,
OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT
CAUSED BYTHENEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAY LESSOR FOR ANYAND
ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN
CONNECTION WITH f1M' AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,
PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAIISED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OFLESSOR.
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, SERTJANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS,
AND WHICHMAYBESTOLEN, DESTROYED OR INANYWAYDAMAGED; AND
LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS
OFFICERS, AGENTS, SERYANTS AND EMPLOYEES FROM AND AGAINST ANY
AND ALL SUC�I CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCOND UCT OF
LESSOR.
8. 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
Hanga�• Leases outlined in Exhibit B.
9. 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
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Tiedown Lease Agreement
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(3) Lessee's abandonment or vacation of the Premises.
B. Upon the occun�ence 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, 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 Lessoi• may suffer by reason of such termination.
10. Lessor shall always have the right to 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 p►•opeiTy 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 properly 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 e:cpenses incurred
by Lessor in the possession or sale of the properiy, 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.
Alteinatively, Lessor may foreclose upon its lien on Lessee's aircraft and other properiy 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.
11. This Lease shall be govemed 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
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.
12. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in Section
B of Exhibit "A."
13. Lessee shall not assign, sell, convey, sublet or hansfer any of its rights, privileges, duties or interests
granted by this Lease. Any attempted assignment of this Lease shall be null and void.
14. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and
regulations established by Lessor.
15. 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 teims of this Lease and the Sponsor's AssUrances made by Lessor to the
Federal Aviation Administration.
16. This Lease shall be subordinate to the provisions of any existing or future ageement between Lessor
and the United States Govemment 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.
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17. 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.
18. The person signing this Lease hereby wat7•ants that he/she has the legal authority to execute
this Lease on behalf of the respective party, and that such binding authority has beeu 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.
19. This written instrument contains the entire understanding and agreement between Lessor and
Lessee. Any prior contemporaneous oral or written agreement is hereby declu�ed null and void.
(Sig�iatures Page to Follow)
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IN WITNt., WHEREOF, the parties hereto have executed this Agreement in multiples on this the(9(3 dayof�� ,2024.
STATE OF TEXAS
COUNTY OF TARRANT §
§ BEFORE ME, the undersigned auth01ity, 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.
<:l ':A GI�N UNDER MY HAND AND SEAL OF OFFICE this���1�.f" 2024. --=c:Q=>-�=-rc\ ____ day of
�����Zt� ANGELA D. CHRISP [f(�{�1 Notary Public, State of Texas��\r,{tfi Comm. Expires 03· 18·2028,.,,;};��11,,,,, Notary ID 134812443
APPROVED AS TO FORM AND LEGALITY:
��� By:Candace Pagliara (Sepll,02415:19CDT) Candace Pagliara Assistant City Attorney
M&C: None Required
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Tiedown Lease Agreement
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���DA-·Notary Public in and for the St�fTexas
ATTEST:
By:r ;,.
Jannette S. Goodall City Secretar y
�
Conh�act Compliance Managei•:
By signing, I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all perfoi•mance and i•eporting requirements.
2o�6a.+� �ooc�c�ui
v
Barbara Good�vin
Real Property Manager
L�SS��: ATT�ST:
B�NNY ADAM�Z
By: `� ''� I gy;
Benny Adamez
Date: g( I� I Z° Z�'(
STATE OF ���
COUNTY OF
��
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ( E�((�S
on this day personally appeared B�NNY ADAM�Z, known to me to be the person whose name is
subscribed to the fo►•egoing instrument, and acknowledged to me that the same was the act of B�NNY
ADAIVI�Z and that he executed the same as the act of B�NNY ADAM�Z for the purposes and consideration
therein expressed and in the capacity therein stated.
S GIVEN LTNDER MY HAND AND SEAL OF OFFICE tl�is I 1�� day
�_ m 2024.
,����,,
��o��vP�a`, ANGELA D, CHRISP Notary Public in and for the State of ���1�
�r;�;�_Notary Publio, State otTexae
�'��, ,�`� Comm. Explres 03•18�2028
'�•n°;,u�`` Notary ID 134812443
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Tiedo�vn Lease Agreemeitt
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EXHIBIT "A"
A. Lessee Name: Bennv Adamez Contact: Same
Address: 6825 Katie Carral Dr City: Fort Worth State: TX Zip: 76126
Phone #: 817-909-5250 Email: badamez@yahoo.com
Business (if applicable):
Address: City: State: Zip:
Phone #:
Fax #:
In case of emergency:
Contact Name:
Phone:
B. Aircraft: #1
Make: Czech Sport Cruiser Tail#: N115US Color:
C. Tie Down Site: See Ma�(attached)
D. Rental: $55.00 monthly per tiedown Quantity: 1 Total Amount Billed Per Month: $55.00
E. Start Date: October 1, 2024
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Tiedown Lease Agreement
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LOCATION MAP
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Tiedown Lease Agreement
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EXHIBIT "B"
�'(}It'I' i�'UR'1'fi
�-
Ati'L\IIV�V
EXHIB(T B -MINIMUM INSURANCE REQUIREMENTS
Commercial Environmait�l Autorr.oY;:F Uabil:ry �?o
Cat o Ptopa-ty Hangarkeepers r.ircraftard Passe:ger
� ry Insu.ar.:,E General Liabiliry' Impaimient ��ability �ncludeHredSNon-aavncil
Lia6iliry Liahility Vefi:tlees) e
F�ed BaseOperators (FBO'sj Yes 5.F,400,OJ0 S3,D�0,000 E7,4�0,0�� S 1,CvD,U70
Aircrah Id�ntenance Gperator ana
rlvionicsttl:�svumentl.iaintenance •s 51,SYD,C�O S1,GJO,C�O S t,+}'JO,�iLO
O erato: �istm
A'rcraR h1 a nSenance Operator an�
Avionics cr Inswntent IAaintenance 's �5,pQ0 n�0 �1,4]O,C�O S 1,Ci�0,0+a0
O eratcr-Turhin=
nvionics a Instrument blaintenance
Operata (Bench iv:�ic Onlyj �5 53,G50,Q�� = 1,QUD �+JO
AiroraitRenblorFlightTraining �5 g�,000,00D= S1,O40,OU��occurrence
Operata �S 51��0,4DO�oass�ttg�r S Z��O,ffJO
.�ircraftChartctorAircraft 5 g�,000.000 S�,OOO,OO�.�cccurrence
Management Operator .5 F S �,C-0D,f/SO
S.�ti D, 4 D 0; p a; s en ger
iucraft�ales0 eratcr SI,O4�,aQ,7loccumence
P ,5 3t,0�,UCOT S1.000.000 5200,GDO�passFnger S S,�D.C/JO
A�rcraR Storage Operator
'S S1.D00.000 S1.O��,On�
'S S5,004,000 � ;5,05D,430 � S i,p�O,Cr�O
nviaEcnSwi�SdePrcpr.'etor •s g;,aQppap� SI,�OG,�OQ!occutrence S 2�O,G00
s�oo.000lpassergcs
Ot�sr Cctr,mercial Aeronautic3 51 Q� ��� S30U,OOQ�occurrence S 1,��,C�SO
Activ:ties
Temporary SS> c�afized Aviatnn gf,0A�,0U] ,OO,OOQ�occurrence S 1,0'?O,G�70
Sctvice O eratx s"
Non-CommciC�HangarLess4 - S1,000,0007 S30a,00a�cccurrence S 1,{?SD,C�SO
Nen-Commerc�alfl n Club •s � SI.�OG,OOa�occurcenca
r 9 51,000,400 510� QO�; assen er 5 t,CVJD,GaO
Non-Commeci�S�-Fueling $1,00a,000 $I,OOO,DO� 5300,OdQloccurcence S 1,CK�0,�-00
Ferm'fez Jct fuH andlc+rAv as' "
Non•Commcsci� 8�1.'-Fueling
Perr�tc� 'S S1,G00.000 S30D,OOD 53G4,C40rxcurrer,:e S 250,CtiJ0
AltErnatiwFaFs e : ast
BozHangar,T-Hangar,Commun.ty •s 51,�J0,040� s3C4,�]DiOCCGIR�RCF $ 250,000
Hangar
0�'� •�nsuranoe requirem�ts subJect to determination byAuiaFc+r Oepartm.�m �d R'sk �Aanagement
rrddi[flna! fnsurance £�equrements
•Lessee's ao.cies 3re to be prirrary lo any ol�� valid artd cc'_;,Cible :r.wrancY ava.laE'� co the C.ry
•All pa'�cies sh�! nNude a�Ya.ver o' ;ut-agat �n �`ava• of ihe Cdy (Tempora.ry SAS� must al� �nclude A;rpert Lessee)
•The City af Fon Worth snall te name� a; Addi.�nal Insure�7 �7'eir.00rary SA�P r.ust a'se inC�ae Afrpert L�ssee;
•Polic es snall h�de nc exGusicns by endc; semen� which . neaher nulli.y or amtnd �he reqc: ed .=es o' coverage. na de�_rease the limits o[ �m caverage
' Covzrag� per a:rcraft should be cq��ivalent to th= �:er�ge aireran value at rne E�rne xd covQr�e per occurrence sF:oud he equiti�.�eni to the avera0e af Me
mawmum va:1�e o` fot� aircraR at one time, but r�ot iess tt�� the amcunt noted above
� ►dust rclude Negligzs+t Instruction Coverage
y I` azctaft stc�ragec.�rater is providng suhleasinp spacefor a':rer3f: slorage
a Only requ ;ed ta those provid'rg flight inswction
° Dep�r:ds on t�ms of tFr� lease agreenent
" If veh�c".e parked landside- Siat� minirnums would app�y
' Coverage may be provided by enCorsemem
Avia6on Minimum Standards, Ciry af Fort'.5`ort� Aviabon DcFartmenc {Odr03�7014)
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Tiedown Lease Agreement
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DEFINITIONS:
CovFrege for the Building includes (hut is not limited to} t1� bulding arvJ sVuctures, completed addivans to coveresl
buitdings, outdcarfr,c,ures, permanently instal�d fixtures, machin=ry aM equipment. The buiiding material used to
maintaln and service the insured's premises (s al=_o insured. Bu=_iness Personal Property ovrned by the insuretl and
us�ti in th� insured's business is covered for dirEct Joss or damage. The coverape inctudes �but Is not limded to)
furnii�re and fixtur<s, swck, improvements and 6�Gerrnens, leased propQriy for which you have a centractual
otliaation to insure ard several othersimilar business pro�rty ii=ms when n�t spe�cally exGuded from coverage.
TI-� poiicy is sfso design�d .o protect the insuresi a8ainst hss or damage :o the Personal Prnperty oF Ofhers vhiile
in tFw_ irsured's care, custody arrJ control.
PRdPERT�' INSURA:\TCE
Business Income (sometimes called Businsss In!erruption) affords protection agains; the loss of earnings of a
businFss during the 6me r+�quired to rehuild or repair co�ered property damaged or desJoyed 6y fire or some other
irsured cause of bss.
Extr3 Expense altovrs coverage for tFwsa additianal expznses overand above nortnal operating e�cpenses paid due
;o dama�e to caverad propertyfrom a covered esuse of Mss. 'fhe=e expenses could include rent, utiltes, moting
e:cpenses, telEptAne, adv�rtising and labor.
�is coverage protecs the insured for bndily injury or property damage lo the third parv�s, Forwhrh they are legally
�ab}e. Th=_ poficy covers acc'rJents occurcing on th� pr�mises or away from the prem;ses. Cov=ragz is proviJed for
irjury or d3mages arising out cf goais or products made or eald by the named insured. Cov=rafle is afforded for
;he named insur�d and empk�yees o` ;he narimed insured; hou�ever, several individua(s and arganizations o:her ihan
the named insur�d m.ay be covered depend"mg upon cersain circumstar,ces speci`ed in the policy. In additicn to the
fimits, the po!icy provides suppkmentsl payments ior attomey fees, court costs and oth=r expenses associa;ed with
a claim or the defense of a liability sut
Coverage A- Bodily Injury and Property Damage Liabiiity
COIbIl41FRCIAL GEI`"IIt�L eodily Injury mesns physi��l injury, sickn=_ss or dise�=e, includiny deazh, ?ropery, DamaaF means physical injury
LIABILIT] to tangbf> proQeRy, fncluding the resufting lossof use o(that property.
Coverape 8- Personallnjury and Advertising lnjury l.iabifity
Personat injury means ialse arresi, malic'aus proseau5on, wrongfui entry or evr_tion, Gbel, slandet and �"r�lations of
a persan's riaht of privacy. Advertisinfl Injury means I:bel, sland>r, disparagement, violatv�ns of a perscn's right of
privacy, m;sappropriaticn and copyright in�ngement.
Coverage C -Medical Payments
hSedical Payments means medicai expenses {or bodily injury caused by an acciden�
Insures lhe hangzr operator for legal o6ligati�ns to pay damafles due to bss :o an airoraft that rnxurs wh=n the
FiANG'4I�II�ms aircraft is in the care, cusmdy or control ot th=_ (nsured for safekeeping, stonge, service or ropaic Coverage
TTQgIUTy exiends to fiahi:i;y claims invotving an aircrafr's loss of use.
Insures the pollu�n e;epasure associated vrith the insured's prop=_rty and apera�ons, 1nci�rJing msis af cteanup and
�Brt1Edi31 Or CortcCtive ar%on du? to a third-party demand or a govemment order. The Pollution exclusion in general
E1�'VIIZO\�lEl"rI'AL FaL•iGty insurance eifectively eliminates coverage fnr damages fior boddy injury, propeAy damage and cbanup c�sts
��IIt<<'FE�]'rIIASIL'iTY arising from most rypes of polluuon evenu. Be�^.ause of tt;is, customized protection for the pollut6n er�osure of
rumerous insureds in fhis category is Fssential.
Coverage geared specifieally to ttw o�raien of aircraft snd lhe risks involveti in aviation_ Aviatien insurance
pNi�ies are distinetly differen; from those for other areas of transnoriaticn a�d tertd to inearporaiz aviaUon
terminology, as w�ll as t�rminoloay, limits and clauses specific to aviatfon insurance. Passenger tiability prctects
PASSENCsFR LIABILITY Passengers ri�ir.g in the accident airerah �vho are injurzd or ki1'ed. In many caunlries this cow_rage is mandatory
oNy fcr commercial orlarge airoraft Coverage is o$en sold on a"pervpat" basis, vr"r,h a specified fimit for eacti
passengerseat
The liablity coverage of the Business Aulo Policy prnvsles prote�tion againsi legal liability ari;ing out of the
ALTI'OIl•fOSILE I.IABIITII a�++nership, maint>nance or use of any insured automob �. Th= insursp agreement apr_es to pay for bodly injury
C1I�TCLUDE F$2ED �� orproperty damage (orwhich the insurod is legaify responsble 6ecsuse of an au:emobTe accident The policy also
VOI�'-O�i:VED VEHICLES siates that, in addrti�n to the payment of damages, ttw_ insureraLo agrees to defen� tiw_ insured `or all I�gal
deferse cost The deferse is in addftion to th= policy Ifmits.
"r�� �F An agreernent behveen two par�es in vM�ch one party agrees to waive subrop ;ticn rights against another in the
S event of a bss. The intFnt is to prevent on= party's fnsurertrom pursuing =_ubrogation against the other party.
AviaUun Minimum Standards, Ciryaf Fon 4Yonh Av�ation Dep�,-trnent {0&03,�0 th)
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