HomeMy WebLinkAboutContract 62379CSC No. 62379
FORT WORTH SPINKS AIRPORT
GROUND LEASE AGREEMENT
LEASE SITE 31N-B
This GROUND LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home mle municipal corporation organized
under the laws of the State of Texas, acting by and througll Valerie Washington, its duly
authorized Assistant City Manager, and DANIEL GRIFFITH ("Lessee"), an individual.
RECITALS
The following introductory provisions are true and correct and form the basis ofthis Lease:
WHEREAS, on June 13, 2018, the Patties entered into a Ground Lease Agreement
including. mandatory improvements, designated as City Secretary Contract ("CSC") No. 50902, as
amended by Amendment No. 1 dated August 2, 2019, designated as CSC No. 50902 A-1
(collectively, the "Previous Lease") consisting of approximately 78,229 square feet of improved
ground, and a 12,000 square foot hangar known as Lease Site 31N and any improvements and
facilities thereon ("Leased Premises") at Fort Worth Spinks Airport ("Airport");
WHEREAS, the Lessee has requested and the Lessor has agreed, to (i) temlinate the
Previous Lease, and (ii) execute a new ground lease agreement for Lease Site 31 N-B.
NOW, THEREIIORE, in consideration of the mutual covenant, promises and obligations
contained herein, the patties agree as follows:
AGREEMENT
PROPERTY LEASED.
1.1 Lease Premises
Lessor hereby demises to Lessee 42,211 square feet of ground space ("Ground
Space"), including a 15,000 square fool hangar ("Hangar") at Fort Worth Spinks
Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as Lease Site
Lease Site 31N-B, ("Premises"), as shown in Exhibit "A", attached hereto and
made a part of this Lease for all purposes.
DANIEL GRIFFITH OFFICIAL RECORD
Ground Lease Agu.-emenl CITY SECRETARY
LEASE SITE 31N-B FT. WORTH, TX
Fort Worth Spinks Airporl
Page I of24
1.2 Termination of Previous Lease
The Parties hereby agree that (i) execution of this Lease simultaneously terminates
the Previous Lease, (ii) each party releases the other from further duties and
obligations owed one to the other thereunder (specifically including Section 13.4 of
the Previous Lease), save and except any and all environmental obligations under
aforementioned Lease, and (iii) each party acknowledges that the other has fully
performed all of its respective duties under the Previous Lease. In addition, Lessee
acknowledges that title to all improvements now or hereafter constructed on Lease
Site 31N-A is held or will be held exclusively by Lessor, subject to the possessory
rights of Lessee as set forth herein.
2. TERM OF LEASE.
2.1. Initial Term.
The initial term of the Lease ("Initial Term") shall commence at 12:00 a.m. on the
date of execution of this Lease ("Effective Date") and expire at 11:59 P.M. on
Jute 12, 2051, unless terminated earlier as provided herein.
2.2. Holdover.
If Lessee holds over after the expiration of the Initial Term or any Renewal Term,
this action will create a month -to -month tenancy. hl this event, for and during the
holdover period, Lessee agrees to pay all applicable rentals, fees and charges at the
rates provided by Lessor's Schedule of Rates and Charges or similarly published
schedule in effect at the time of the Holdover. The hangar rate will be adjusted to
equal the then Fair Market Value, as determined by Lessor's market analysis. In no
case shall the hangar rate be less than the value assessed upon completion of a
property appraisal completed by a third -parry vendor that has been approved and
secured by Lessor. A ten percent (10%) increase will be added to the Fair Market
Value lute until a new lease agreement is approved and executed. The holdover
period will not exceed six (6) months from the time the current lease agreement
expires. Upon the expiration of the holdover period, the City may exercise a1I legal
rights and remedies available, including but not limited to eviction.
3. RENT.
3.1. Rates and Adiustments
The rental rates under this Lease are based on Lessor's current published Schedule
of Rates and Charges. Rental rates are subject to increase beginning October 1,
2025, and on October I" of any subsequent year during the Initial Term, to reflect
DANIEL GmFFITII
Ground Leese Agreement
LEASE SITE 3IN-a
Fort Worth Spinka Airport
Page 2 of 24
any upward change in the Consumer Price Index for the Dallas/Fort Worth
Metropolitan Area, as announced by the United States Department of Labor or
successor agency (i) for the first increase, since the Effective Date of this Lease and
(ii) for each subsequent increase, since the effective date of the last increase;
provided, however, that Lessee's rental rates shall not exceed the then -current rates
prescribed by Lessor's published Schedule of Rates and Charges for the type or
types of property similar to the type or types of property that comprise the Premises.
3.1.1 Ground Rate
Lessee shall commence the payment of rent for the Ground Space on the
Effective Date. Lessee hereby promises and agrees to pay Lessor, as annual
rent for the Ground Space, Twenty -Four Thousand Two Hundred Forty -One
Dollars and 69/100 ($24,241.69), at a rate of Thirty -One cents ($0.31) per
square foot, payable in equal monthly installments of Two Thousand
Twenty Dollars and 14/100 ($2,020.14).
3.2. Five -Year Adiustments
In addition to the Annual Rent Adjustments, on October 1, 2029, and every fifth
(5tl') year thereafter for the remainder of the Initial Term (i.e. on October 1 st of
2034, 2039, 2044 and 2049), rent shall automatically be adjusted to equal the then -
current rates prescribed by the Schedule of Rates and Charges for the type or types
of property at the Airport similar to the type or types of property that comprise the
Premises.
3.4 Pavment Dates and Late Fees.
Monthly rent payments are due on or before the first (Ist) day of each month.
Payments must be received during norn3al business hours by the due date at the
location for Lessor's Aviation Department set forth in Section 15. Rent shall be
considered past due if Lessor has not received full payment by close of business the
tenth (loth) 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. CONSTRUCTION AND IMPROVEMENTS.
4.1 Discretionary Improvements.
Lessee may, at its sole discretion, perform modifications, renovations,
improvements or other construction work on any tract of the Premises. Lessee may
DANIEL GRIFFITII
Ground Lease Agreement
LEASE SITE 31N-B
Fort Worth Spinhs Airport
Page 3 or24
not initiate any Discretionary Improvement on or to the Premises unless it first
submits all plans, specifications and estimates for the costs of same to Lessor in
writing, and also requests and receives in writing approval from Lessor's Director of
Airport Systems or authorized representative ("Director"). Lessee covenants and
agrees that it shall fully comply with all provisions of this Section 4 in the
construction of any such Discretionary Improvements. Lessor shall promptly review
and approval of such plans, specifications and estimates. Upon completion of any
such Discretionary Improvements or the termination of this Lease, Lessor shall take
full title to any Discretionary Improvements on the Premises.
4.2 ProcessfoC?�prgy�),91'PlanSt
Lessee's plans for construction of the Discretionary Improvements shall conform to
Spinks' architectural standards and must also be approved in writing by Lessor's
Planning and Development Department. All plans, specifications and work shall
conform to all federal, state and local laws, ordinances, rules and regulations in
force at the time that the plans are presented for review. Lessor covenants and
agrees that Lessor shall handle any and all such plans for construction and
improvement in a manner consistent with the provisions of Section 4.2 above.
4.3 �I�F�UJI tuts.
Lessee shall supply the Director with comprehensive sets of documentation relative
to any Discretionary Improvement, including, at a minimum, a copy of the
Certificate of Occupancy, a complete set of Record Drawings and/or As -Built
Drawings in Adobe PDF and AutoCAD formats, and a Summary of the total
cost/value of the Discretionary Improvements.
4.4 Bonds Required of Lessee.
Prior to the of any Improvement, Lessee shalt deliver to Lessor a
bond, executed by a corporate surety in accordance with Texas Government Code,
Chapter 2253, as amended, in the full amount of each construction contract or
project. The bonds shall guarantee (i) satisfactory compliance by Lessee with all
applicable requirements, terms and conditions of this Lease, including, but not
limited to, the satisfactory completion of the respective Improvements, and (ii) full
payments to all persons, firms, corporations or other entities with whom Lessee has
a direct relationship for the construction of such Improvements.
In lieu of the required bond, Lessee may provide Lessor with a cash deposit or an
assignment of a certificate of deposit in an amount equal to 125% of the full amount
of each construction contract or project. If Lessee makes a cash deposit, Lessee
shall not be entitled to any interest earned thereon. Certificates of deposit shall be
DANIBL GRIMTII
Ground Lease Agreement
LEASE srrE 31N-B
Fort wmfh Spinicc Airport
Page 4 or24
from a financial institution in the Dallas -Fort Worth Metropolitan Area which is
insured by the Federal Deposit Insurance Corporation and acceptable to Lessor. The
interest carried on the certificate of deposit shall be the property of Lessee and
Lessor shall have no rights in such interest. If Lessee fails to complete the
respective Improvements, or if claims are filed by third parties on grounds relating
to such li,.t,.uv�.,tt,ts, Lessor shall be entitled to draw down the full amount of
Lessee's cash deposit or certificate of deposit and apply the proceeds to complete
the Improvements or satisfy the claims, provided that any balance shall be remitted
to Lessee.
4.5 Bonds Reauired of Lessee's Contractors.
Prior to the commencement of any Discretionary hnprovement, each of Lessee's
contractors shall execute and deliver to Lessee surety performance and payment
bonds in accordance with the Texas Government Code, Chapter 2253, as amended,
to cover the costs of all work performed under such contractor's contract with
Lessee. Lessee shall provide Lessor with copies of such bonds prior to the
commencement of such Discretionary Improvement. The bonds shall guarantee (i)
the faithfiil performance and completion of all construction work in accordance with
the final plans and specifications as approved by Lessor, and (ii) hill payment for all
wages for labor and set -vices and of all bills for materials, supplies and equipment
used in the performance of the construction contract. Such bonds shall name both
Lessor and Lessee as dual obligees. If Lessee serves as its own contractor, Section
4.5 shall apply.
4.6 Releases by Lessor Upon Completion of Construction Work.
Lessor will allow Lessee a dollar -for -dollar reimbursement from its cash deposit
account or reduction of its claim upon Lessor's certificate of deposit to the extent of
construction costs paid through that date upon (i) where Lessee serves as its own
contractor, verification that Lessee has completed construction work, or (ii) where
Lessee uses a contractor, receipt of the contractor's invoice and verification that the
contractor has completed its work and released Lessee to the extent of Lessee's
payment for such work, including bills paid affidavits and final waivers of liens.
Any unused amounts in the cash deposit account will be refunded to Lessee upon
final completion of the construction work.
5. USE OF PREMISES.
Lessee hereby agrees to use the Premises solely for aviation -related purposes only and
strictly in accordance with the terms and conditions of this Lease. Lessee shall have the
right to sublease portions of the Premises to various third parties ("Sublessees") for
aviation -related purposes only under terms and conditions acceptable to and determined by
DANIEL GRIFFCCn
Ground Lease Agreement
LEASE SITE M N-a
Fortworth Spinhs Airport
Page 5 of 24
Lessee, provided that all such arrangements shall be in writing and approved in advance by
Lessor. All written agreements executed by Lessee to Sublessees for any portion of the
Premises shall contain terms and conditions that (i) do not conflict with Lessee's duties and
obligations under this Lease; (ii) incorporate the terns and provisions of this Lease; (iii)
restrict the use of the Premises to aircraft storage or other aviation or aviation -related
purposes acceptable to Lessor; and (iv) treat users of the same or substantially similar
facilities in a fair and non-discriminatory manner. Lessee shall use a standard lease form
for all Sublessees and shall submit a copy of such standard lease form to the Director prior
to Lessee's execution of its First lease and from time to time thereafter following any
material changes to such lease form. Lessee may make non -material modifications to its
standard lease to the extent that such are not contrary to Lessor's Sponsor's Assurances
without the prior written consent of Lessor.
6. REPORTS AUDITS AND RECORDKEEPING.
Within thirty (30) days following the end of each calendar year, Lessee shall provide Lessor
with a written annual report, in a form acceptable to the Director that reflects Lessee's rental
rates for the immediately preceding calendar year. Lessor may request, and Lessee shalt
promptly provide, similar reports on a more frequent basis that reflect Lessee's rental rates
on the Premises for the period requested by Lessor. These reports shall be delivered to
Lessor's Department of Aviation at the address provided in Section 15. In addition, Lessee
shall keep and maintain books and records pertaining to Lessee's operations at the Airport
and other obligations hereunder in a manner satisfactory to Lessor's Internal Auditor and at
a location within the City of Fort Worth. Upon Lessor's request and following reasonable
advance notice, Lessee will make such books and records 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.
7. UTILITIES.
Lessee, at Lessee's sole cost and expense, shall be responsible for the installation and use of
all utility services to all portions of the Premises and for all other related utility expenses,
including, but not limited to, deposits and expenses required for the installation of meters.
Lessee further covenants and agrees to pay all costs and expenses for any extension,
maintenance or repair of any and all utilities serving the Premises. In addition, Lessee
agrees that all utilities, air conditioning and heating equipment and other electrically -
operated equipment which may be used on the Premises shall fully comply with Lessor's
Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"), as they exist or may
hereafter be amended.
DANIEL GRIFFITH
Ground Lease Aipwrnenl
LEASE SITE 31N-a
Fortworai Spiala, Airport
Page 6 of 24
8. MAINTENANCE AND REPAIRS.
8.1. MaintegppF.e and Reppirs by Lessee.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary
condition at all times, reasonable wear and tear excepted. Lessee covenants and
agrees that it will not make or suffer any waste of the Premises. Lessee, at Lessee's
sole cost and expense, will make all repairs or replacements necessary to prevent the
deterioration in condition or value of the Premises, including, but not Iimited to, the
maintenance of and repairs to all hangars and other structures, doors, windows and
roofs, and all fixtures, equipment, hangar modifications and surrounding pavement,
grass and weed management on the Premises and adjacent easement. Lessee shall
be responsible for all damages caused by 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.
Lessee agrees that all improvements, trade fixtures, furnishings, equipment and
other personal property of every kind or description which may at any time be on the
Premises shall be at Lessee's sole risk or at the sole risk of those claiming under
Lessee. Lessor shall not be liable for any damage to such property or loss suffered
by Lessee's business or business operations which may be caused by the but -sting,
overflowing or leaking of server or steam pipes, from water from any source
whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise,
gas or odors, or from causes of any other matter.
8.2. Compljp)�fne with ADA?
Lessee, at its sole cost and expense, agrees to keep and maintain the Premises in full
compliance at all times with the Americans with Disabilities Act of 1990, as
amended ("ADA"). In addition, Lessee agrees that all improvements it makes at
the Airport shall comply with all ADA requirements.
8.3. Inspections.
8.3.1. Lessor shall have the right and privilege, through its officers, agents,
servants or employees, to inspect the Premises. Except in the event of an
emergency, Lessor shall conduct such inspections during Lessee's ordinary
business hours and shall use its best efforts to provide Lessee at least two (2)
hours' notice prior to any inspection.
8.3.2. If Lessor determines during an inspection of the Premises that Lessee is
responsible under this Lease for any maintenance or repairs, Lessor shall
notify Lessee in writing. Lessee agrees to begin such maintenance or repair
DANIEL GRIFFITH
Ground Lose Agreement
LEASE SITE 31N-B
FmYworih Spinks Airport
Page 7 of 24
work diligently within thirty (30) calendar days following receipt of such
notice and to then complete such maintenance or repair work within a
reasonable time, considering the nature of the work to be done. If Lessee
fails to begin the recommended maintenance or repairs within such time or
fails to complete the maintenance or repairs within a reasonable time, Lessor
may, in its discretion, perform such maintenance or repairs on behalf of
Lessee. In this event, Lessee will reimburse Lessor for the cost of the
maintenance or repairs, and such reimbursement will be due on the date of
Lessee's next monthly rent payment following completion of the
maintenance or repairs.
8.3.3. During any inspection, Lessor may perform any obligations that Lessor is
authorized or required to perform under the terms of this Lease or pursuant
to its governmental duties under federal, state or local laws, rules or
regulations.
8.3.4. Lessee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Premises and Lessee will comply with all requirements of the
Fire Marshal or his or her authorized agents that are necessary 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 in proper condition
accessible fire extinguishers of a number and type approved by the Fire
Marshal or his or her authorized agents for the particular hazard involved.
8.4. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and 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
ENVIRONMENTAL REGULATION OR STANDARD THAT IS CAUSED BY
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES.
9. SIGNS.
Lessee may, at its sole expense and with the prior written approval of the Director, install
and maintain signs on the exterior of the Premises related to Lessee's business operations.
Such signs, however, must be in keeping with the size, color, location and manner of
DANIEL GruFFITn
Ground Lease Agnxinem
LEASE SITE 31N-n
Fort Worth Stinks Airport
Page 8 of 24
display of other signs at the Airport. Lessee shall maintain all such signs in a safe, neat,
sightly and physically good condition.
10. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
10.2 Lessor reserves the right to develop and improve the Airport as it sees fit, regardless
of the desires or view of Lessee, and without interference or hindrance by or on
behalf of Lessee. Accordingly, nothing contained in this Lease shall be construed to
obligate Lessor to relocate Lessee as a result of any such Airport developments or
improvements.
10.3 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.
In the event that any such existing or future- agreement directly causes a material
restriction, impairment or interference with Lessee's primary operations on the
Premises ("Limitation") for a period of less than seven (7) calendar days, this
Lease shall continue in full force and effect. If the Limitation lasts more than seven
(7) calendar days, Lessee and Lessor shall negotiate in good faith to resolve or
mitigate the effect of the Limitation. If Lessee and Lessor are in good faith unable
to resolve or mitigate the effect of the Limitation, and the Limitation lasts between
seven (7) and one hundred eighty (180) days, then for such period (i) Lessee may
suspend the payment of any rent due hereunder, but only if Lessee first provides
adequate proof to Lessor that the Limitation has directly caused Lessee a material
loss in revenue; (ii) subject to ordinary wear and tear, Lessor shall maintain and
preserve the Premises and its improvements in the same condition as they existed on
the date such Limitation commenced; and (iii) the term of this Lease shall be
extended, at Lessee's option, for a period equal to the duration of such Limitation. If
the Limitation lasts more than one hundred eighty (180) days, then (i) Lessor and
Lessee may, but shall not be required to, (a) further adjust the payment of rent and
other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the
tern of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days'
written notice to Lessor.
DANIEL GR[FF1711
Ground Lease Agrecmmn
LEASESITE3 N-a
Fort worth SpInlcs Airport
Page 9 of 24
10.4 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. If any lease between Lessor
and the United States Government executed pursuant to this Section 10.4 directly
causes a Limitation for a period of less than seven (7) calendar days, this Lease shall
continue in full force and effect. If the Limitation lasts more than seven (7) calendar
days, Lessee and Lessor shall negotiate in good faith to resolve or mitigate the effect
of the Limitation. If Lessee and Lessor are in good faith unable to resolve or
mitigate the effect of the Limitation, and the Limitation lasts between seven (7) and
one hundred eighty (180) days, then for such period (i) Lessee may suspend the
payment of any rent due hereunder, but only if Lessee fast provides adequate proof
to Lessor that the Limitation has directly caused Lessee a material loss in revenue;
(ii) subject to ordinary wear and tear, Lessor shall maintain and preserve the
Premises and its improvements in the same condition as they existed on the date
such Limitation commenced; and (iii) the term of this Lease shall be extended, at
Lessee's option, for a period equal to the duration of such Limitation. If the
Limitation lasts more than one hundred eighty (180) days, then (i) Lessor and Lessee
may, but shall not be required to, (a) further adjust the payment of rent and other
fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term
of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days' written
notice to Lessor.
10.5 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.
10.6 Lessee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights -of -way granted by Lessor for the installation,
maintenance, inspection, repair or removal of facilities owned or operated by
electric, gas, water, sewer, communication or other utility companies. Lessee's
rights shall additionally be subject to all rights granted by any ordinance or statute
which allows utility companies to use publicly -owned property for the provision of
utility services.
10.7 Lessor agrees Lessee shall have the right of ingress and egress to and from the
Premises by means of roadways for automobiles and taxiways for aircraft including
access during the construction phase of airport improvements, unless otherwise
DANIEL GHIFFITH
Ground Lease Agreement
LEASE Sri E 31N-a
Fort North Spinks Airport
Page 10 of 24
agreed to in writing by both parties. Such rights shall be consistent with the rules
and regulations with respect to the occupancy and use of airport premises as adopted
from time to time by the City of Fort Worth and by the Federal Aviation
Administration or any other state, federal or local authority.
11. INSURANCE.
Lessee shall procure and maintain at all times a policy or policies of insurance as specified
herein, naming the City of Fort Worth, its Officers, Employees and Volunteers 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 in accordance with Exhibit "B", 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.
11.1. Adiustments to Reauired 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.
11.2. Certificates.
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 fill force and effect.
11.3. Additional Reauirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee's operations at the Airport, to
grant additional insured status to the City, its Officers, Employees and Volunteers,
DANIEL GRIFFITII
Ground Lease Agreement
LEASE smi 31N-a
Fort Worth Spinhs Airport
Page 11 of24
and to provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non -renewal or amendment, shall be made without thirty
(30) days' prior written notice to Lessor. Lessor shall be responsible for notifying
the City of any change to its insurance coverage that amends or alters that coverage
required by this lease.
12. 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.
13. 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 ITS 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
GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
DURING THE TERM OF THIS LEASE, LESSEE COVENANTS AND AGREES TO,
AND DOES TO THE EXTENT ALLOWED BY LAW, WITHOUT WAIVING ANY
DEFENSES PROVIDED BYLAW, HEREBYINDEMNIFY, HOLD HARMLESS AND
DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND 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 DEA TH, TOANYANDALL PERSONS, OFANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH LESSEE'S USE OF THE AIRPORT UNDER THIS LEASE
OR WITH THE USE, LEASING, MAINTENANCE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE
GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERS AGENTS, SERVANTS OR EMPLOYEES.
DANIEL GRIFFr@I
Ground lease Agreemeot
LEASH SITE 3IN-13
Fort worth Spinle Airport
Page 12 of 24
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURIES OR DAMAGES TO LESSOR'S PROPERTY WHICH
ARISE OUT OF OR IN CONNECTION WITHANYAND ALL ACTS OR OMISSIONS
OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES, EXCEPT TO THE EXTENT
CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF
LESSOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE, ANY
SUBLESSEES OR THEIR PROPERTY. LESSOR IS OBLIGATED ONLY TO
PROVIDE SECURITY ADEQUATE TO MAINTAIN LESSORS CERTIFICATION
UNDER FAA REGULATIONS. LESSEE SHALL COMPLY WITH ALL
APPLICABLE REGULATIONS OF THE FAA RELATING TO AIRPORT SECURITY.
LESSEE SHALL PAY ALL FINES IMPOSED BY THE FAA ON LESSOR OR
LESSEE RESULTING FROM LESSEE'S OR ANY SUBLESSEES' FAILURE TO
COMPLY WITH SUCH FAA REGULATIONS OR TO PREVENT UNAUTHORIZED
PERSONS OR PARTIES FROM OBTAINING ACCESS TO THE AIR OPERATIONS
AREA OF THE AIRPORT FROM THE PREMISES.
14. TERMINATION.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have the
tight to tenninate this Lease as follows:
14.1. Failure by Lessee to Pav Rent. Fees or Other Charges.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Lessee fails to pay the balance outstanding within such time,
Lessor shall have the right to terminate this Lease itmnediately.
14.2. Breach or Default by Lessee.
If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver Written notice to Lessee specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following such written notice to
cure, adjust or correct the problem to the standard existing prior to the breach. If
Lessee fails to cure the breach or default within such time period, Lessor shall have
the right to terminate this Lease immediately.
DANIHL GRIFFITH
Ground Lease Agnevment
LEASE SITE 31N-R
Fort worth Spintm Airport
Page 13 of 24
14.3. Abonfjonprent or Non -Use of WV Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds for immediate termination
of this Lease by Lessor.
14.4. Lessee's Financial Obligations to Lessor upon Termination. Breach or Default.
If Lessor terminates (his Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 14.1, 14.2 or 14.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the
remainder of the tern then in effect as well as all arrearages of rentals, fees and
charges payable hereunder. In no event shall a reentry onto or reletting of the
Premises by Lessor be construed as an election by Lessor to forfeit any of its rights
under this Lease.
14.5. Rights of Lessor Umm Terminatiop or Expiration.
Upon termination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shalt vacate the Premises.
Within twenty (20) days following the effective date of ternination or expiration,
Lessee shall remove from the Premises all trade fixtures, tools, machinery,
equipment, materials and supplies placed on the Premises by Lessee pursuant to this
Lease. After such time, Lessor shall have the tight to take full possession of the
Premises, by force if necessary, and to remove any and all parties and property
remaining on any part of the Premises. 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 this Lease or any act incident to Lessor's
assertion of its right to terminate or Lessor's exercise of any rights granted
hereunder.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (i) hand -delivered to the other party, its agents, employees,
servants or representatives, or (ii) 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, TX 76106
DAN[EL GRtrrrru
Ground Lease Agnxment
LEASE SITE 31N-0
Fort worth Spinla Airport
Page 14 of 24
To LESSEE:
Daniel Griffith
217 Man O War
Burleson, Texas 76028
(817) 219-8471 /
dannyg@whitehawkworldwide.com
16. ASSIGNNWNT ANP SUBLETTING.
16.1. Lt General.
Lessee shall have the right to sublease portions of the Premises as provided by and
in accordance with Section 5 of this Lease. Otherwise, Lessee shall not assign, sell,
convey, sublease or transfer the entirety of its rights, privileges, duties or interests
granted by this Lease without the advance written consent of Lessor.
16.2. Conditiog,1,9 Approved AsyjgnW pjs and SVPjjfjv&1r
If Lessor consents to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such
assignee or sublessee shall be bound by the terms and conditions of this Lease the
same as if it had originally executed this Lease. The failure or refiisal of Lessor to
approve a requested assignment or sublease shall not relieve Lessee of its
obligations hereunder, including payment of rentals, fees and charges.
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 upon thirty (30) days' written notice. flowever,
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. T-AKFiS 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 unlawfid 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.
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31N-B
Fort worth Spinhe Airport
Page 15 or24
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of Lessor; all rules and regulations established by the Director; and all lutes 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 ]ray
hereafter be amended or adopted. if Lessor notifies Lessee or any of its officers, agents,
employees, contractors, subcontractors, licensees or invitees of any violation of such laws,
ordinances, rules or regulations, Lessee and its officers, agents, employees, contractors,
subcontractors, licensees or invitees shall immediately desist Gom 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 tune 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 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 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 these regulations 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. LICENSES AND PERMITS.
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31N-R
Fort worth Spinlcs Airport
Page 16 of 24
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its operations at the Airport.
22. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, Lessor does not waive or
surrender any of its governmental powers.
23. 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 fulture occasion.
24. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Lease or of 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.
25. 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.
26. 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.
27. 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;
DANIEL GRIFFITII
Ground Lease Agreement
L@ASH SITE• MN -a
Fort Worth SpInlcc Airport
Page 17 of 24
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.
28. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
29. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated herein by
reference, contains the entire understanding and agreement between Lessor and Lessee, its
assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provisions of this Lease. The terms and conditions of this Lease shall not
be amended unless agreed to in writing by both parties and approved by the City Council of
Lessor.
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 Arael, and (2) will not boycott Israel during the term of the Lease.
[Signature Pages Follow]
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31N-B
Fort Worth Spinks Airport
Page 18 of 24
IN W&\(QVnV)t
RiCOF, the parties hereto have executed this Agreement in multiples
on this the7NESS
day of lit , 2024.
CITY OF FORT WORTH:
By WaLerie Washington (Nov 13, 202414:38 CST) By:
Valerie Washington o r en les
Assistant City Manager Aviation stems Director
Date: Nov 13, 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 Valerie Washington, known to me to be (fie person whose name is
subscribed to the foregoing instrument, and aclanowledged to me that the same was the act of the
City of Fort Worth and that lie executed the same as the act of the City of Fort Worth fbr the
purposes and consideration therein expressed and in the capacity therein stated.
� GIVEN �UND�ER MY HAND AND SEAL OF OFFICE this I�`�� day
\w\Q .w , 202
,N1r.Pv �., ' ANGELA D. CHRISP
s:..
= v f,S Notary Public. State of Texas
Comm. Expires 03.18-2028
Notary ID 134812443 Notary Public in and for the State of Texas
APPROVED AS TO FORM
AND LEGALITY:
Candace 2agliaya
Candace Pagllara(Nov 13,M2413:08 CST)
By:
Candace Pagliara
Assistant City Attorney
M&C: 24 —0992
Approval Date:11.12.2024
Foiin 1295: NIA
DANIEL GRIFFITH
Ground Lease Agreement LIMP SU'll 31 N-i
Fort Worth SphduAli-port Page 19of24
4 4 na>I
poF FORr�a�d
eo
ATTEST: _ ° o9.;d
PVa a=o
PPa*coo 00 *�d
By:
Jannette S. Goodall
City Secretary
Rpg
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By sighing, 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
By:
h_XN_11EL Gfre i
Date:
STATE OF TZ- X4 9,µ"sSI%-101 §
COUNTY OF T A nr�-nrRA AN 0h'4 -tSury §
By:
ATTEST:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared DANIEL GRIFFITH, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to isle that the same was the act of
DANIEL GRIFFITH, and that he executed the same as the act of DANIEL GRIFFITH for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE this Stµ day
OC TL-0(3 al- , 2024.
Notary Public in mid for the State of Ucas p•t►SStsS+p>'1
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31N-Q
Fort Worth Spinlu Ali -port
Page 20 of 24
� 6604
;� •a4a�y°.w 1l� f�
fHilsritlt�a �
EXHIBIT A
REAL PROPERTY DESCRIPTION AND MAP
FOR
LEASE SITE 31N B
rx�.M6111 saU11611
LEASE SITE
BEING a patim of that certain tray of Lard in tiro Hsam Ulde Sunny, Abstract No. 930, City of Forth Worth, Tarim
County, Texas, desdibed as Block 5, Fat Worth Spnks Airport (hereinaMer tefened to as Block 5), an addition to the
City of Fort Worth, Tarrant County, Tends, avoiding to the plat recorded in Cabinet A, Slide 353, Plat Records,
Tanant County, Texas, and being Mae particularly described, by metes and bounds, as follows:
COMMENCING at a me -half inch iron rod found for the Northeast coiner of said Block 5, same being a Westerly
caner of that certain bad of land described as Tract I in a Special Warranty Dead to Paslay Ventuies, INC.
(hereinafter reVened to as Tract I), as neeorded M Instrument humber 0218247486, Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.);
THENCE South 00 degrees 12 minutes 32 seconds West with the common line beMr'en said Block 5 and said Tract 1,
a distance of 318.11 feet to a mag nail set In concrete pavement
THENCE South 89 degrees 57 minutes 11 seconds West, departing the Westeity line of said Tract I, crossing sail
Block 5, a distance of 132.90 feet to a five -eighth inch iron rod with plastic up stamped "RPLS 4838' set for the
PLACE OF BEGINNING;
THENCE South 00 degrees 01 minute 23 seconds West, continue uossing said Block 5, a distance of 137.55 feet to a
five-eighfhs inch iron rod with plastic cap stamped 'RPLS 4838' found fa caner;
THENCE South 89 degrees 34 minutes 40 seconds Westcontinue dossing said Block 5, a distance of 304.58 feet to
a fie eighths inch km nod rich Plastic cap stamped 'RPLS 4838' set for caret;
THENCE North 00 degrees 03 minutes 39 seconds West, continue dossing said Black 5, a distance of 139.54 feat to
a mag nail set in concrete pavement for comet, same being the center of a taxi stripe;
THENCE !with 89 degrees 57 minutes 11 seconds East with said two sbipe, a distance of 304.77 feet to the PLACE
OF BEGINNING, and cordanirg a calculated area of 0.969 acres (42,211 square feet) of land.
FORTWORTH
FORT WORTH SPINKS AIRPORT
LEASE SITE
PORTION OF BLOCK 5
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31 N-B
Fort Worth Sphala Airport
Page 21 of24
r-vBANNISTER
1ENGINEERING
:a ma nw•eer Ace I�+Me. r. xasll nr euxwl nr w ws a.
J rams ucurx�roarp NIex1EI
h1RI W`Ih Vlr'1 I OY-LIYAV I Yy,l Ot I hM lr.L I (M,C e/IeV
P0.UYYRAC 11) WG
eaa ran � • (TRACT li)
MIDrJLL
ubT2UMENT MkYER DJS247486, ILP.RT,C.T. PLACE of
- r _ —_ u, v. .. .�», C{. _ _COMMENCING
% ucrw�Euv�nE 1 igMD li2'IRON Pao
% j ra':En Nr NIRTREANt Con"R or BIOCKs
AIRR MIT Cl *(TRl lL K F1ENj FORT woull S bos AlR T
CAMMET A• SLIDE M3. P.RT. T.
PASLAY NGS M MAMIENT N 1. A82908 N 19U COORDu1ATF
VENTURES W. - n SYSr mpoll)
INSTRUI•EEPR N: 6,890,344.76 TFYAS NORTN cLxt rmE
NUMBER E, 2,334,14878 � n c•RIDc.0wlRATES
N. A991R99A8
D218247593 I b E 2A) .81
U.P.RT.C.L GENEWE NOTES 9ry 1ATRUDE: me 2T
LOW[7110E-Yr)7r la 01'
I.MEgnJ,ulesaM Ourlrq, 9rinr hrren r<T!•n rdRSW e� ti
NAD811910 Teem RMN C MW In 4202;. N I u
JUhYIt SIKwn 1litlrr bP SYMJ,'! OfEYr'35, utl65 41KfrM5! ELI KX 5 $5j�
R RT VA RTH SMIKS ` yi
'AIRP RT j PAY
G CABBhTASLIDE3VENTURES.
INC.Kpp
t/asrc EwP ltun d •RR5 41se'. Al k" 1pura4l s l PAT.C.T. (TRACT 1)
a * a e n b! mn !4 W L! rmONlg nau a Ai i TNSTRUFB7T
PLACE OF INF'8ER
jBEGINNING (I D21B2474B6 o.P. Y �u� RT.C.T.
E,:>ANun •wear sTgt � N89057'1VE 304.77'
1
LEASE SITE _E"111t1Y` o
PA`A'Y1r^ S890 57' 11"W o +r 0-
1) 969 ACRE OR - 132.90'
�/S ® ,u '.
n 42,211 SQUARE FEyr E T�'�—S()O' 01' 23"W 137.55'
CURRENT LEASE SITE sArwTTnru Fur I
Z ~ 3 'N \ wxrny.rtars[LlWrr
79.00' PREPARED ARIL 10, 2020 ���
_.• "••, •"Each I. � I
MLT41VM1R iJ 4
Y}WtrlL�1 Wl)E1l1AHflV.•E°�r'«��Aly
. j o 1EVAt4A°1 E. iA)rs,t), `Qgti* A
CN'4L All 411r1M:Yt H:Y w n ♦
LJ41rUIX' /rtY:E CY : '� 1 ^1�f
I - S89' 34' 40'W 304.58 (BUCK 5
0' R RT 0 rRTH SPINS AIRA RT �4
1 •*i...........
.� 1••••
sll'.IRti ..�; 1.11r
CABNRTA SLIDE 353, P.RT.cT. yy �E
i Ir.>rRo.an 7 { vlt:in.
I � m I � � r.a vw► �
BU UCS SBT
R RT °
N
AIRR RT
CABINET A, ¢T 'rsa�nx '1
SLIDE 353 as, Qrww vavr — I LEGEND
P.R.r.c.T.
O I A✓r""n` — - ASS ro.o°tR wn. MrNP4 NAallEnssT
se, A<ur� l� nr Y 7.46
LEASE SUE 32-N Ovacss ranmunaxmy
urARnE PREPARED APRIL 7, �, ue v.rr_r. or¢TAE natc atasEls. ruuAn aAmY, n..a
L996 — - RAtcr, ur•EEIPM, uwuNr (OJIr1,.lEAAS
roruR ru -au— wnEv4<rw¢
ORTWORT + rEnuxrun OI!_DstN-aAPuru
MAW, AWR/[] HATE"KTOI/ ® (yt,ER P1T /-b NIA ..IM L
FORT WORTH SPINKS AIRPORT r' B A N N IS T E R
LEASE SITE _ 1 E N G I N E E R I N G
w x„a NMY m.e IN�a.e, tt EmEr I br NilWa I niAlE ws y.
PORTION OF BLOCK 5 J EDnsurvsrPATmw.101911i]
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Nora •e ui-i.w: Da: rEs:otl P,2di wa *a u�sm Er ro:
DANIEL GRIFFITH
Ground Lease AgE+enent
LEASE SITE 31N-B
FortTVorth Spinhs Airport
Page 22 of24
F-ORTTWWOORRT-H_
�a�tlw EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS
rmero
Property Coal H&pvkeepers
rc&as
EmsltA Aiwit all P.msergw
Auto-oWe Uab',ty (To
CaWY
I,:i Je Hlel A
Na,onnsd
ImvarKe UWIY UaE.lh
L Uadaf
Vehxsees) "
Fueo BAse Operators tFBO's) 'yes $5.000.000 S5.ODO.OW
31.ODOA00
$
1.000.DDO
Aircraft Mynlen.»x Operator arrt
Av s a ImMmlYt Manst� - $1.03D.000
simo000
s
1.030000
(aerator.Rstm
Arc"afs Al.mx _ Oplwr ad
Avbics a lmetnrgM lktwtmsnce - S5t000.000
3I.0co.0cO
S
1OW000
Ow-Turboe
Awa.cs a lml m l $ttlntmwolt .s S1.00D.000
S
1.000.000
Opaato✓ (Bersch work Only)
Avaah Rental a RgM Trarvp IF 31,0130.000'
sl.000.00C'ootvarem
s
1.ODO.000
Operas 's
510D.DODOw,l rger
A,rcr.Yt CAaM1er a Araah .s
$5.600.00G�
SI.000.WO
S
1.000.000
ALtnptment OPerato �s
SSOD.000rpmserger
$
IAsaaft :ayes Operaur $1.ODO,WO
$
1,f100.000
.s
s100.=1fxnsWV&
s $1.0w.000 $i.m. 0
A.cr..* Storage Operas
's S5.ODO.ODD' 35.000.OM'
S
I.ODOODO
IAv.aEm Savlce Sae Propieto 's $I.e00.000'
$1.000.0x''oecunence
S
250OOC
$100.000'Passerger'
IOthw CmvrerctA Acorcasllra' SI.D00 =
AdIY1i16
s'+OO.CVO'oocwsvce
$
1.0OD.Ow
ITerrppray +O-=4yaeEAnttm S1.WD.0t10
S_"Oo.000bosvrrerre
s
1.0m.ow
S�eDpera�r
INasCa oN Hag&Lessee 's
5300.owooa., r
s
1.0W.000
INols Comm OM F"V Club 's
31.000.00O(oocum�
3
I.000.ODO
sI00.00D'passoper
INmCa lclal Seff-FL" .s S I,ODD.ODO
S1.000.000 S°00.000toparrenx
$
1.0DO.000
Pemrtee lJM Futl ma's A' 1
-Cam csA We FuNmp
INon
Perrrll a 's
$500.DOO SWOOe0'pecussen:e
S
2C0000
IAftemaase Fu.Js ea rraossl
Bos Hvgm. T+Lvg&. Conwwn:y .1
5300.0tA'om.r
S
250.000
Harp&
Otte 'lrmwr mq.re*.en'ss,.bject to
Cearrrn&.m by Avamn Do&trert ani Ra$ staslgmwt
A•cbtaW fmuran:e P.eau,�
.LesS sPoston xe to w psmsrr US v olfw Yaw
bVMGy
•A': pf s slsat naxde a'Nax of _.mrotplm n trio of Ce C*y ITempora•y SA_* mnt &so. . Aapal Lessees
•The City of Fm %Wra1 may bt nam d as /dbamal IM. ITmpoay W_-O must
sho ncs_Ge AMp Lessen
•Posxs sha$ haze era e.darms by e•doserm. e. wh.i� newer nUM� a ameq tM'aGrvM Gros d aa.+rage. era deaea�e c�t.mts
d sa d ra+er�
' Caerage Per arcrah shwd] rs cgu valent m7e ae+ape ar, raft value a aao•re &d enemy Pe Donato rx shnJtl be egv}almt c 1<aerape of he
magnum value of tool .xcrah & metrre b.a era less [fsan Me armnt rueo .�o.e
' A1ust �A^lufle NtgGfM Im[rvcUon Coverage
If alcr.{t sWage opHto,'s pmv4rg 5Vbl0 ,g sp." fa araafl slaage
' Only requretl for those pva/•ry Do[ vnt uc
s Depersds m lerrm of 0se lease agrtement
'If sHr�icle/''�ed LtrtlsEe-Store tlm,ms www acoN
IAviaUon IAIJ rn Statrdads. CRy of Fm'Narth ANatm Depwhlilwt(01 2014)
DANIEL GRIFFITH
Ground Lease Agreement
LEASE SITE 31N-E
Fort Worth Spinks Airport
Page 23 of'24
DEFINITIONS:
Coverage fat the Bubd:ng includes IbM s net !:-ere, tc� tie tbulking arw structures, comp!e:ed additions to covered
buildings. outdoor fixtures. permarlenef instated fi.tutes. machinery and equipment, The buldng material used to
maintain and service the Insureds premises is also insured. Business Personal Property "need by the insured and
used in the insured s business is covered for direct loss or damage. The coverage imludes Ibut is not Mnled tot
furniture and futures, sock• Im provem ants and betterments, leased properly for which you have a contractual
oblgason to insure and severalother similar business property items when not specifically excluded from coverage
The poky is also oesgned to Protect Me insured against bss or damage to the Personal Property of Others while
in Me insureds care. Custody and control.
PROPERTY INSMLANCE
Business Income (sometimes Cased Business Imermplom affords protection against the loss of earrings of a
business dump the time required to rebuild or repair covered property damaged or destroyed by he or some other
insured cause of bss.
EAra Expense asows coverage for Mow add soul expenses over and above normal opstratrvg expenses pad due
to damage It, covered prcp_ny from a covered cause of bss. Theta expenses could ne'We rem. ut vtes, moving
expenses. telephone. advertising aril labor
This coverage protects the insured for boilh injury or property damage to the Mint pades. for which they are legalif
liable The poky cows accidents =umnp on me premses or away from Me premises. Coverage is provided for
injury or damages arising out o1 goods or products made or said by the namaed insured. Coverage "s afforded br
the named insured and employees of the named insured. hmeever, several nhviduals and organizations other than
Me named insured may be covered depending upon certain C:rovnstances specified in the poky. in addition to the
Maas. the poky proides supplemental pasrrens for aaonwy fees. aran costs and other expenses associated with
a claim or the defense of a kabisty scot
Coverage A - Bodily Injury and Property Damage Liability
CO.NMIFRCIAL GEVERAL
Bodily Injury means physical injury, sickness or disease, including death. Properly Damage means physical injury
LIABILFII
to tangole property. in•:l ding the result. ng bss of use o1 that property
Coverage B - Personal Injury and Advertising Injury Liab lily
Personal Injury means false arrest. mataous prosecution, wrongful entry or eviction. Wel, slander and violatons of
a persons right of privacy Advertising Irury means Wei. slander• disparagement. nou Wns of a person's right of
privacy. misappropriation and copyrgM nfmgement.
Coverage C - Medical Payments
hledcal Payments means medical expenses for Dolly injury caused by an xcoent
Insures the hanger operator fur legal obligations to pay damages due to loss to an aircraft that occurs when the
HANGARKEEPERS
aircraft ls in the care. custody or control of the insured Iw safekeeping. storage, service or repair. Coverage
LIABILM
extends to WblM cbims ewoNig an aecrafts bss of use.
Insures the pollution exposure associated wth the insured's property and operations. Including costs of cleanup and
remedial or corrective action due to a thed-party demand or a govermneM order. The Pollution exclusion in general
ENN IROrIE\TAL
lbbMy insurance effeclkey eliminates coverage for damages for bodiy injury. props nydamage and cleanup costs
imip xmw LLABILITI
arising from most types of polution evens Because of M.N. customized protection for the poiution exposure of
numerous insureds m Ihis category is essential
Coverage geared specR.caly to the operation of aircraft and Me risks mvol ed in aviation Avlatan insurance
policies are disbnctlydMerem from those for other areas of transportation and tend to incorporate aviation
ADLCRAFT AND
term mlogy. as .0 as terminology. Inns aid clauses specific to aviation insurance. Passenger la" protects
PASSENGER LIABMM
passengers riding nerve aaeiderd airaft who one ejved or kaed. In manycountries the coverage is mandatory
cry for commercial or large arcraft Coverage is often sob an a'per-seat basis. w+h a spec=`ed knit for each
passegger seat.
The liability coverage of Me Business Auto Poky provides protection aganst legal sabwty arising out of the
AL'TO\IOEME LIABILM
ow^ership, manteronce w use of any inwred auromoble. The ns"g agreement agrees to pay for bodily injury
ITO INCLUDE I11RED &
r property damage for vvhkch Me insured is legally responsble because of an autnmoble acedert The policy also
\ON-O{\'NfD \'EHIRE51
states mat n addaon to ^he payment cf damages. this nsurer aiso agrees w de'eM w rnswed twat legal
The defense in 5
defense cost is addition to the po'cy .s
An agreement between two parties in which one party agrees to wane subrogatun rghls against another n the
{\-RIVER OF
event of a bss Tine intent is to prevent one party's insurer from pursuing subrogation against the other party.
SUBROGATION
Aviation Minimum Standards. City of Pint Worth A%t36cn Department lD?'03':DUI
DANIEL GRIFFITH
Ground Lease Agreement
LEASH SITE JIN-B
Fort Wroth Spinhs Airport
Page 24 of 24
M&C Review
Page I of 2
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 11/12/2024 REFERENCE **M&C 24-
NO.: 0992
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRTWORTH
qr-
55FWS TERM AND NEW
LEASE AGMNT, LEASE STE
31 N, DANIEL GRIFFITH
NO
SUBJECT: (CD 8) Authorize Termination of City Secretary Contract No. 50902 as Amended and
Authorize Execution of a New Hangar and Ground Lease Agreement for Approximately
65,907 Square Feet of Ground Space Known as Lease Site 31 N-A and Authorize
Execution of a New Ground Lease Agreement for Approximately 42,211 Square Feet of
Ground Space Known as Lease Site 31 N-B with Daniel Griffith at Fort Worth Spinks
Airport
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize termination of City Secretary Contract No. 50902 as amended;
2. Authorize execution of a new hangar and ground lease agreement for approximately 65,907
square feet of ground space, which includes a 12,000 square foot hangar known as Lease
Site 31N-A; and
3. Authorize execution of a new ground lease agreement for approximately 42,211 square feet
of ground space known as Lease Site 31N-13 with Daniel Griffith at Fort Worth Spinks Airport.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize termination of City
Secretary Contract No. (CSC) 50902, as amended and authorize execution of a new hangar and
ground lease agreement for approximately 65,907 square feet of ground space, which includes a
12,000 square foot hangar known as Lease Site 31 N-A, and authorize execution of a new ground
lease agreement for approximately 42,211 square feet of ground space known as Lease Site 31 N-B
with Daniel Griffith at Fort Worth Spinks Airport.
On or about June 22, 2018, through M&C C-28726, City Council authorized execution of CSC 50902,
a Hangar and Ground Lease Agreement consisting of 48,817 square feet of ground space and a
12,000 square foot hangar, known as Lease Site 31 N with Daniel Griffith (Lessee) at Fort Worth
Spinks Airport. The initial term of the lease commenced on June 13, 2018 and expires on June 12,
2048 with no options to renew.
On or about August 2, 2019, through M&C C-29145, City Council authorized execution of CSC 50902
A-1, Lease Amendment No. 1 to expand the ground space of Lease Site 31 N from 48,817 square feet
to 78,229 square feet to facilitate new hangar construction. In 2021, the Lessee completed
construction of a 15,000 square foot building, containing six (6) 50X50 box hangar units.
In recognition of the Lessee's investment in the construction of the box hangars and to expand the
footprint of the lease to include additional ramp space, the City and Lessee now wish to terminate
CSC 50902 and enter into two separate agreements, as described below:
31N-A - A hangar and ground lease agreement for approximately 65,907 square feet of ground
space, which includes an existing 12,000 square foot hangar. The lease will expire on June 12,
2048 with no options to renew. In consideration for a significant investment by the Lessee to
rehabilitate the hangar, the lease terms established in 2018, along with agreed upon rate
escalators will remain consistent for the new lease agreement. Additional mandatory
http://apps.cfwnet.org/council packet/mc review. asp?ID=32698&councildate=11/12/2024 11/11/2024
M&C Review
Page 2 of 2
improvements will include construction of a 15-foot concrete pad extension with two access ramps
to be used as a helipad. Total revenue received for 31N-A will be approximately $20,431.17
annually, payable in monthly installments of $1,702.60.
31N-13 - A ground lease agreement for approximately 42,211 square feet of ground space, to
include already constructed mandatory improvements. The lease will expire on June 12, 2051 with
no options to renew. Total revenue received for 31N-B will be approximately $13,085.41, payable
in monthly installments of $1,090.45.
Rates are in accordance with the Aviation Department's current Schedule of Rates and Charges and
the Aviation Department's Leasing Policy. All terms and conditions of the lease agreement will be in
accordance with City of Fort Worth and Aviation Department policies. Rental rates shall be subject to
an increase on October 1st of any given year, based on the upward percentage change in the
Consumer Price Index for the Dallas -Fort Worth Metropolitan area. At no time will the adjusted rate
exceed the rate that is current in the Schedule of Rates and Charges. Five-year rate adjustments will
be applied to the ground rate starting on October 1, 2028, and every fifth year thereafter.
ADVISORY BOARD APPROVAL: On July 18, 2024, the Aviation Advisory Board voted to
recommend that the City Council approve the termination of CSC 50902, as amended, and the new
ground lease agreements.
Fort Worth Spinks Airport is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and execution of
the lease agreements, funds will be deposited into the Municipal Airport Fund. The Aviation
Department (and Financial Management Services) is responsible for the collection and deposit of
funds due to the City.
TO
Fund Department I Account Project I Program Activity Budget Reference # Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department I Account Project
ID ID
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Valerie Washington (6199)
Roger Venables (5402)
Ricardo Barcelo (5403)
FID TABLE.xlsx (CFW Internal)
LOCATION MAP 31 N-A and 31 N-B.pdf (CFW Internal)
http://apps.cfwnet.org/council packet/mc review. asp?ID=32698&councildate=11/12/2024 11/11/2024