HomeMy WebLinkAboutContract 62197CSSC No. 62197
FORT WORTH SPINKS AIRPORT
AIRCRAFT 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 Eugene Tornow ("Lessee"), an individual, 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 25, 2024 and will automatically renew on t h e
f i r s t d a y o f each subsequent month unless canceled by either parry 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 LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING
DEATH, TO ANYAND ALL PERSONS, OFANYKIND 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.
Month -to -Month OFFICIAL RECORD
Tiedown Lease Agreement
Page 1 of 10 CITY SECRETARY
FT. WORTH, TX
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD
HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE,
OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT
CAUSED BYTHENEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY AND
ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,
PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY
PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH
BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS,
AND WHICH 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.
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
Hangar 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
Month -to -Month
Tiedown Lease Agreement
Page 2 of 10
(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, 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.
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 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.
11. 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
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 transfer 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 terms 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 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.
Month -to -Month
Tiedown Lease Agreement
Page 3 of 10
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 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.
19. 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 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the_r,?J� day of�2024.
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.
IVEN UNDER MY HAND AND SEAL OF OFFICE this &Gth
2024.
ANGELA D. CHRISP
? 0 Notary Public, State of Texas
E Comm. Expires 03-18-2028
°;, Notary ID 134812443
APPROVED AS TO FORM
AND LEGALITY:
By:
Candace Pagliara (Oct 23, 2415:27 CDT)
Candace Pagliara
Assistant City Attorney
M&C: None Required
Notary ublic in and for th"State Texas
ATTEST:
b . &zll x
By: _
Jannette S. Goodall
City Secretary
day of
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Month -to -Month OFFICIAL RECORD
Tiedown Lease Agreement CITY SECRETARY
Page 5 of 10 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.
Sa�6a��Cesc�urun
Barbara Goodwin
Real Property Manager
LESSEE: ATTEST:
EUGENE TORNOW
By: J By:
Eugene Tornow
Date: 1012,11 �,n '20y
STATE OF
COUNTY OF (VIM4
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tura ,
on this day personally appeared EUGENE TORNOW, 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 EUGENE
TORNOW and that he executed the same as the act of EUGENE TORNOW for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF
bvr 2024.
PUg �' ITALIA CELESTE JALOW
rc Notary Public, State of Texas
Comm. Expires 12-12-2026
+;
Notary ID 134100159
Month -to -Month
Tiedown Lease Agreement
Page 6 of 10
OF ICE this
Notary Public in and for the State of
day
EXHIBIT "A"
A. Lessee Name: Eugene Tornow Contact: Same
Address: 2450 Oak Hill Cir. Apt 1336 City: Fort Worth State: TX Zip: 76109
Phone #: 719-640-0253 Email: eueenetornow(agmail.com
Business (if applicable):
Address: City: State: Zip:
Phone #:
Fax #:
In case of emergency:
Contact Name:
Phone:
B. Aircraft: #1
Make: Cessna 150 Tail#: NS0010 Color:
C. Tie Down Site: See Man (attached)
D. Rental: $55.00 monthly per tiedown Quantity: 1 Total Amount Billed Per Month: $55.00
E. Start Date: October 25, 2024
Month -to -Month
Tiedown Lease Agreement
Page 7 of 10
FW7A
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13 14 5 6
17 19 21 23 25
T1T T T1T
1s 20���
liA
Aviation
7 28 30 32
T T1 T 1T
29 31
�r _
FORT WO RT'H
,3V Ltil I VM
Caregory
Fixed Base OperatorsTEIGsj
Aircraft Vakrtensme Operator and
Avionics or Ixstrument Maintenance
Doer. -"-Piston
Aircraft Marxenance Operator an¢
Avionics or kistrurrrent Maintenance
Operabw-TurNne
Avionics or Ierstrument Malrrrenanoe
Operawff (Bench work Only)
Aircraft Remal or flight Training
Operabor
Aircraft Cisardr or Aircraft
Management Craw
A�roraft Sales Operator
Asrcraft Storage Operator
EXHIBIT `B"
EXHIBIT B-6M1NINIUIA INSURANCE REQUEREMEM1FTS
Pirwerty
Cornmeroial Hangarkeepers
Ereoironmeutat
Aircraft and Passenger AutamA4e Leahi"yr ITo
General
Impairment
Include H red A Nonwned
Insurance
Liability Liabilrty, ,
Liability
ua d ly Veh cleesj y
Yes
I5.0DO.00O i5_O(30,000
$1,000,0DO
i 1,06d,00O
's
;1.1,060,000
$1,000=
i 1,06d,00O
s
#5.00U,000
y1,000,060
S 1,000,000
's
$1,0Q0,00O
5 1,060,ow
� 51.004,006E $1.-0OO,OOQ
S1 000 004 $1,000,0m
S8,000,004 #,0fl,w
31 ,OOO,OOQroccumence
5100,41101passenger
rt5,GN,OWcccumence
s560,01101passenger
31 ,000,OOQroccumence
S1W,40O.)Dassenger
31 GOO 04Qrccoumence
1,000,000
1,000,000
1,000,000
Avrat= Service Sde Prepretw
's 31,004,000
.
$100_0OOlpassENer
$
34eer Commerdal Aeramutiod
$1.000.0Sk4
$30O,DDOFoecumence
$
1,aI1�0,0
Actin
Temporary ary Spmmlixed Awmum-
$1.000.000
$300,13OWomurrence
;
1,040,000
Seruice Gperatw
Non—Com rrrdgHangarLess+ee
- $1,OOg.DOg'
$300,O041coourrence
;
1,06d,00O
Non-CamneircialFlydng Club
's $I�)ML400r
S1,G00,04Q1ccoumence
5
1,06d,00O
5100.000. oassarsoer
Ncn Conw*worelSeltfuding
31,000000
$1.0110.000 $300,0090ccumenae
;
i,pOO,S}53O
Ferrneee {Jecruel andreer3voa51
Nan-CommemW SelEfuding
Pemciee s $1,0110,0110 $500.000 $300,0001ocounE nce 5
lAlternative Furls e.o. ntaaasI
Boy Flavrgar, T— Hangar, Cconmunoty 'S #1.000.000. 3C6,SS7R'occumance $
Hangar
adder 'Insurance requiremersis subject to determinaticm by Aaiation Depart mtv and R nk Management.
Additional Insurance Requ T rnen�s
-L-essees po&xresare to be prinaaryto any other valid and C06eCdble 3Rsuranae availande to the Ctyt
-All polices shah include a Wa roer o' Submgaton in fauc+ of the C ty jemporary SASO must also include Aupdai Lessee]
•The City of port Worth shall �e nanec as Additional Insured i7emtprnary SASQ miasl 3Psa include Airport Lessee t
-Polices mall have no exclusions b1' endorsement, which . neither nullity or amend the required Ines of coverage. nor decrease the limits of saki coverage
Coverage per arcra:t should be egaiaalent to the a"age aircraft value at one tarns aid cowrige per occurrence s! €add he egww4Efa to the arrerage of LhE
maximum vahze o` total aircraft at one bmre, but not less [liars the amounT noted above
2 ?Must mckde Negligent Instructim Cow rag(
a IfarcraftsuwagecpE"or is providing subleasing space f4wa7oraft storage
' Only required Far those pm dmg :'Iigt4 instructen
Depawk on mrrrm of the lease agreffnerd
ff vethkhe parked landside - Skate minimums would apply
7Coverage may be prrnr,'ded byendomemeni
Aviation Minimum Standards, City of Fort WorLh Aviation Department {4dr1 NM14)
Month -to -Month
Tiedown Lease Agreement
Page 9 of 10
Z5O.000
2L0,0n0
PROPER-n I SIIR4NTC'E
DEFINITIONS:
Coverage for She Buddhg irrdudes (hurt es not Ivnded to) the bolding and struckL es, completed additions to crnered
buildings, outdoor fDrwms, permanentfy atstsiSed fixtures. machinery and e4uipmeirt. The huilding material used to
maintain and service the inesured's premises is aln insured. Business Personal Property owned by the insured and
used in Ilse insured's husWmss is covered for direr loss or dam age. The coverage indirdes {but is not limited to)
furniture and fiamxes, stock. improvements and berermerts, leased property for which you have a contrac itt al
ablation to insure and several other similar business property riems when not speci&-alty excluded from rmuemge-
The policy is also designed to protect the insured against ioss or damage to the Persoakai Property of Others while
in the insured's care, ousiody and corttxl.
Business Income (sometimes called Business Interruption) affords protection against the loss of eamings of a
bushess during the time required to rebuild or repair oovered property damaged or destroyed by fire or some other
insured cause of loss.
Extra Expense allows coverage for those additional expenses over and above normai operating expenses paid due
ro damage to covered property from a covered cause of loss. These expenses could include rent, utilifies, moving
expenses, telepho ne, adtierbsing and labor.
This overage protecws the insured For bodily injury or property dainage to the third parties, for which they and legally
liable- The policy covers acaiderrts occurring on the premises araway from the premises. Coverage is provided for
injury our damages arising out of goods or products made or sold by the named insured- Coverage is afforded for
the named insured and employees of Ire named insured; however, several individual and argartbatons other than
Vie named insured may be covered depending upon certain circurnstances specified in the policy. In addition to the
limits, the policy provides supplemerital paymeens tar attorney fees, court oasts and other experses associated with
a claim or the defense of a liahikty suit
Coverage A - Bodily Injury and Property d arnage Liabkify
CC NUWEIZ['y GENTERAI Body Injury means physical injury, sickness or disease, including deatki Property damage means physical injury
'lLkBl 7Tl' In tangible property, including the resulting loss of use of that pro perty-
Coverage B - Personal Injury and Advertising Injury Liability
Personal Injury means false arrest, maliciDus pruseculion, wrongful entry or ericwn, libel, slanderand violations of
a permm's right of privacy. Advertising Injury rr.eans libel, slander, disparagement, violatiorLs of a person's right of
privacy, misappropriati— and capyrq]M infringement
Coverage C - Medical Payments.
Medics I Payments means medrmO expenses tar bodily injury caused by an acciderrt
tnsures the hanger operator for Segal obfigatiors to pay damages due to loss to an aarcraft that occurs when the
EULNL v 4l I EEPE RS
aircraft is in the care, custody or cordred of the insured for safekeeping, storage, service or repair- Coverage
'lLkBl=
erienrds to liability claims invorfving an aw raft's loss ad'use.
Insures the poCrroo n exposure associated wish the mured's property and operadorL% tnduding costs of oleanup and
remedial or corrective acWn due to a tlrird-party demand oar a gowemment order- The Polkrion ewolusion in general
EN IROMEhTAL
fiatTity insurance effectively eliminates coverage far damages for bod4y injury, property damage and cleanup costs
MOIR ENT IIAPILM
arising from most types of pollution events- Because of Usia, customized protection for the pollution exposure of
numerous insureds in this category is esserttial-
Coverage geared sped Ically to the operabnn of aircra#t and the risks involved in aviation. Aviation insurance
policies are distinctly different From those for other areas of transportation and tend to incorporate aviation
AFT A-U
terminology, as well as termirroksgy, limits and clauses specific to aviation insurance- Passenger liability p mteots
PASSENGER i.T,4B11=
passengers riding in the accident aircraft who are injured or killed. In marry countries this coverage is mandarory
only for com rnerciai or large aircraft. Coverage is often sold an a "per -seat' basis, with a specified Gmit for each
passenger seat
The IiabLly coverage of the Business ALmo Policy provides prate -:tiara against legal liability arising nut of the
ALTTOM01BrLE i i A BT= ownership, maM ena nce or use of any insured autornatrile- The insuring agreement agrees to pay for bodily injury
I 0.LNCr LTDE H1TZFf] &
or propeuty damage For which the insured is legally responsible ti-ecause of an automobile accident. The policy aiso
NON -CANNED VEEUC LESI states that, in addition to the payment of damages, She insurer aka agrees to defend She insured for all legal
defense cost The defense is in addifian to the policy limits.
oTAI Y R- OF
An agreement between two. parties in which one party agrees to waive subrogation rights against another in the
event of a loss- The intent is to prevent one parVs insurer from pursuing subrogation againsE the other party.
SUBROGATION
Aviation Minimum Standards, City of Fort Wordi Aviation Department {G&U M14)
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Tiedown Lease Agreement
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