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HomeMy WebLinkAboutIR 7486 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7486 or" To the Mayor and Members of the City Council September 4, 1990 Vi "o Subject: AIRPORT ACCESS AGREEMENT AT MEACHAM AIRPORT On July 24, 1990, the City Council considered C.P. No. I51 ("Agreement for Through-The-Fence Operation at Meacham Airport for Vintage Flying Museum") , and directed staff to work with Mr. William Hospers to develop a proposal considering the items in C.P. 151 and others discussed by the City Council . Presented for the City Council's consideration is a draft Airport Access Agree- , meat which is attached to this report. A copy of the draft agreement was given to Mr. William Hospers in a meeting held on August 2, 1990, for his review and comments. At this writing, a response from Mr. Hospers has not been received by City staff. Mr. Hospers was also requested to submit a business plan for the mu- seum for staff review. The business plan has not yet been received by staff. The draft agreement names B.C. Vintage Flying Machines, a non-profit corporation, as the Grantor. This name was obtained from written communication received in the past. City staff has not received any documentation that B.C. Vintage is a chartered non-profit corporation. This documentation would need to be received before an agreement can be executed by the City. Mr. Hospers also informed the staff that the Civll Air Patrol (CAP) would 001k separately request from the City, access to the airport from Hanger 35S. Mr. Hospers has or will lease the hanger to the CAP for their use. Any information or comments received by staff on this draft agreement after this report is sent to Council will be presented at the Council Worksession on Septem- ber 4, 1990. If additional information is requested, please let us know. Sincerely, David Ivory City Manager DAI/sf sm:a:ir-hose -ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS OPII 8/23/?0 AIRPORT ACCESS AGREEMENT This Airport Access Agreement is executed 199.__, between the City of Fort Worth, a home rules municipal corporation, hereafter called the Grantor , and B C Vintage Flying Machines , a nonprofit corporation, hereafter called the Grantee . 1 . PREMISES. Grantor hereby grants Grantee access to the Fort Worth Meacham Airport from the premises identified on Exhibit "A" , attached hereto. 2 . TERM. The term of this agreement shall be for a period of Five ( 5 ) years, commencing on October 1 .1990 and expiring, unless sooner terminated , at midnight on September 30, 1995, hereafter called the agreement term . 3 . ACCESS FEE. Grantee shall pay Grantor an annual Access Fee of $0.18 .per square foot of space identified on Exhibit "A" from which direct access to the Fort Worth Meacham Airport is granted.- One-twelfth of the total of said annual Access Fee shall be payable monthly in advance on the first day of each calendar month during the term of the agreement . 4 . READJUSTMENT OF ANNUAL ACCESS FEE. The Annual Access Fee shall be adjusted for changes in the prevailing Unimproved Ground Rental Rate as may occur from time to time for the Fort Worth Meacham Airport . S . USE OF PREMISES . Access to the Fort Worth Meacham Airport is expressly granted to Grantee for the conduct of activities normally associated with the operation and administration of an Vintage Military Aircraft Museum/Restoration Center ; This access is granted from the premises identified on Exhibit "A" . Exhibit "B" identifies premises from which access has not been granted . 6 . RESTRICTIONS. The activities conducted or) the premises from which access has been grarit(,-:�d, Exhibit "A" , are limited to normally a.,3so(;iatec.j with the administration an(-If operation (.)f: ayl Vintage Military Aircraft Museum/Restoration Center . Any aeronaul' i c-a I act i V J.'It",y .(-:4 '. aircraft m a j.n t e T i a.n(z,, , r('::i::)a i r , r es'u'-o Y-a 1-1 i o T), C)r ot a(;t i V i t i C-'�s r3t7rma1 .1.y d e f i n ed aS aeronautical , shall limited to muset-im own(=.-!d/leased air(:,.raft , (:)r aircri-ift on It to the musetim . 2 The sale of aviation goods and services , i e . aviation fuels , lubricants , aircraft parts, mechanic services , aircraft inspection services, f 11 ght i nst r uct i or) , revenue p r(:)d u c;i T-1 g passenger flights , hangar space rentals , aircraft tie down rentals , or other aeronaut i ca I services, t,o the 131-1 b I is is prohibited. Concessions and the sale of goods normally associated with museum operations is authorized . No aeronautical activity , private or public, shall be conducted on the premises identified on Exhibit "B" . The premisees identified on Exhibit "B" shall be utilized for non-aeronautical activities or those activities norma 1 1 --sup orting —mupeum Aircraft maintenance/repair/restoration activities shall not be performed on any public aircraft parking aprons or other aircraft movement areas of the Fort Worth Meacham Airport . Self fueling of museum owned/leased aircraft and aircraft on loan to the museum is prohibited. 7 . INGRESS AND EGRESS. Grantee is granted ingress and egress to and from the Fort Worth Meacham Airport from the premises identified on Exhibit "A" via the public taxiway identified on Exhibit "C" . Taxiway dimensional standards shall be maintained in accordance Aircraft Design Group III criteria ( see AC 150/5300-13 ). Vehicular traffic; is prohibited without written authorization of Grantor . Should Grantee desire access from the premises identified an Exhibit "B" , the then prevailing access fee shall apply for each additional square foot of space from which access is desired to the Fort Worth Meacham Airport . 8 , SECURITY. Grantee shall comply with the provisions of the Fort Worth Meacham Airport Certification Manual as it pertains to vehicular and pedestrian traffic on the Aircraft Operations Areas ( AOA ) and all other provisions as they pertain to security . Grantee shall. provide detailed drawin�js illustyatj.nc.j 13ROUritY M(-.asure-s e�MI-.4oycm:1 to (7(:)m(:)Iy with Federal Aviation Requlatian I-Dart USE OF PUBLIC AIRPORT FACILITIES. Grantc-!e is granted the non-exclusive use of all public airport facilities for use by Grantee owned/leased aircraft; All such use shall he in With and nc)w in forclenr hereaftc!r promillc-latecl by state 'I!, '�nc;'tf 10 , UNLAWFUL USE. Grantee agrees that no improvements shall be erected, placed upon, operated nor- maintained or) the premises identified on Exhibits "A" and "0" , nor shall business be conducted or carried thereon in violation of the terms of this agr( or --e-ment or any regulation , laws , statutes , by--laws aws ordinances of any governmental agency having jurisdiction t her eover . 11 . RULES AND REGULATIONS. Grantee agrees to observe and obey , during the term of this agreement , all rules and regulations promulgated by the Grantor and any other Proper authority having jurisdiction over the conduct of operations at the Fort Worth Meacham Airport , now in force or hereafter promulgated. 12. INSURANCE. As a condition to the validity of this agreement , Grantee shall procure an(J maintain in full force and effect , a policy or policies of insurance specified below: ( a ) Public Liability and Property Damage: Minimum coverage of $1 ,000,000 for death or bodily injury , or loss sustained by any one person in any one occurrence; $3,000,000 for death or bodily injury, or loss sustained by more than one person in any one occurrence; and $3,000.000 for loss by damage or injury in any one occurrence. ( h ) Minimum Coverage for Owned/Leased on Loan Aircraft : Bodily injury $250,000 each person $500,000 each occurence Property Damage $100,000 each occurence Passenger Liability $250,000 each Passenger $500,000 each occurence ( c ) Hangarkeepers Liability: Minimum coverage (.:)f $1 ,000,000 for any one aircraft and $1 ,000,000 for in any one occurronce for standard rx)'[ i c y - Y i i m u m ro ve r ac je of $1,000,000 f o T, any nth a i r(_ra f t C.)T _'t I) any (-.)ne for in­fli<jht a cir eeq t o i T-1 f-,r e a S e. ........... minimum covera.g�-__�.'��.7� r.f.!q.0yed t4h(--!p ajrcraft a f" ci r e a t e r ................... ............. ............. Value are habitually OTI the MUSPLIM PYCMISeS . Opp", ..l."....-I...........I­I--.............. ............ d ) Fire- coverac.)(�,'. ct thie ext(- nt (- f one hundred r.:)err.ent 100% insuraf-)Ir� valtle of al T b u i 1(A i n (A t M(J ci f-'u m/R e,":,t(..I Y*a t i cant r.)t 1 T[:)C),.'3 C_'S . OPOI 4 ( e ) Finished Products Liability: Minimum coverage. $3,000,000 finished products and product liability . 13. TAXES. Grantee shall pay all taxes and assessments which may be levied by the City, County, State , or other taxing authority upon Grantee 's property interest . 14 . MAINTENANCE- Grantee agrees to maintain the premises identified on Exhibits "A" and "B" in good order and repair . is. UTILITIES. Grantee shall pay all charges for electricity, gas heat , air cooling, telephone service, water , sanitary waste disposal , rubbish removal and other utility services used by Grantee . 16 . FEDERAL AVIATION ADMINISTRATION REVIEW. Grantee agrees to comply with the notification and review requirements contained in FAR Part 77 of the Federal Aviation Regulations prior to the construction and/or modification of existing or future structures on the premises identified on Exhibits "A" and "B" . 17 —ASSIGNMENT AND SUB-LETTING. ( a ) Grantee may not sell , convey , transfer , or assign this agreement or any interest in this agreement without approval of Grantor , such approval to be given in writing . 18 . COMPLIANCE WITH CITY FIRE AND BUILDING CODES. As a condition to the validity of this agreement , Grantee shall comply with all applicable City of Fort Worth Fire and Building Codes and will secure the appropriate permits . Copies of said permits will be provided to the City of Fort Worth Aviation Department . 19 . ENVIRONMENTAL CERTIFICATION. Grantee shall comply with all local , state, and federal rules and regulations , now in force or hereafter promulgated, regarding the use , storage , and disposal of hazardous materials and substances which may be used and/or stored on the premises . Gorantee shall. obtain all permits which may he required by regulating a-4(-ncies , now in fi-,jrci-�! or hereafter promu I gat t'�d , for th(­! �;toragp ' use. and disposal of hazard(Dus materials and subs-tances . Granted shall insure that any/all exist -ing UndergY'OLITICI fuel ell, storage tanks located on the premiste!:, identified on Exhibits-, "A" arid "B" comply With loca*.I . State , and fi,-,dera"[ rules and r e Julations , now in force (er hereaft'er pr(-.)Mulqat(.'d, regarding t tie moval/disposal of ",aid urick".!rgy-oun(I fuel ,torage tank<�, . The ti�-.;e of taflk��, for diS S ........... tie 1 .1.f� .......... The dumping or draining of fuels and lubricants from aircraft fuels and lubricants onto hare ground or into unauthorized receptacles is prohibited . 20 . GRANTOR'S RIGHT TO IMPROVE AND MAINTAIN. Grantor reserves the right to further develop or improve the land area of the Fort Worth Meacham Airport as it sees fit , and without interference or hinderance. Grantor reserves the right to maintain and keep in repair the landing and aircraft movement areas of the Fort Worth Meacham Airport and all public fact'lities . 21 . TERMINATION BY GRANTOR. This agreement may be terminated in its entirety by the Grantor upon the happening of the following events: ( a ) The conducting by Grantee Pf any activity on the premises identifies on Exhibits "A" and "B" not authorized by t h i s agy eement . ( b ) The abandonment or discontinuance of the museum operations contemplated by this agreement and for which access was granted . ( c ) The failure by Grantee to perform, keep and observe any or all of the terms , covenants and conditions that are to be performed , kept or observed by Grantee. 22. PREMATURE TERMINATION. It Grantee has not made a -qD faith effort tojht-qjn museum Mgj.atiqns-as contemplated and for which access to the Fort Worth Meacham Airport was granted , by the end of the first three ( 3 ) year option period, this agreement shall automatically terminate in its entirety . 23 . TERMINATION BY GRANTEE. Grantee shall have the right to terminate this agreement upon ten ( 10 ) days written notice to Grantor'. Grantee shall bear all costs associated with the replacement of the fence separating the premises identified on 1:.-xhit-.)it "A" and the Fort WC►rth M(-.��acham Airport . 24 . DISCRIMINATION AGAINST PERSONS. Grantee for himself . his ............ .......... ------ representa.ti St In(] "iS 1 7 ive-,,:�. successors in intere ............ ................ .... ..................... part.- nf the her(,�pf,... dcw'�,., h(-.!reby c(--)vf.--'nani' and aciree ................ N as i'a (-.(-)v(:!nant the lan(::i 1-,hat : I ....... .......... I-- --- --.- - -- .- - (- n the (jr,C)U rte s of race . (-,)r nat. in .......... ............ j.n Shall be excluded from he k-,)enefits () f'. or. (--)therwise .............. -3crimination in the use of said facilities ,t,e(.1 t'o-­ -I"i t ------ that in the constru(:;tion__(-).f_..a m rovemt--�nts on..,_ (-,)ver . or under ............. c;h land and the furnishing of _._i;hF rf rJrt__., rro Person on t je�._.jgrcaunds of rya.(-.e 11or . or national _or i,g Yi iy, Thai l� be exccluded fyi(2 _Dart.icipat ion__._._1_�?:._..den_denied the benefits, _.of . or...._ otherwise be xEah,fe�cted tc�disc:riminatitjn,._._�jLhat the trantef-_..._. shall use, the jjrem i ses i n comb1 i anr__e with all other requirements imposed by or l ure�aant__.._ to 49 CFR _Dart 2.1... Nondiscrimination in Federally Assisted -Programs of t-he Department of Trarispc?rtati,an_,, ___and_as }r� _d,_,re�ulat ztane maY ,lhf=_uamonc�f�c�_._. That' in _ the _ event_._..__.of__..._._breach of and precpd r�_q nondiscrimination covenants, the _City___of F ,o*rt_ Worth shall have .G hP r i c�ht to. terminate t h i g air -event„ and close Grantee_access to 25 . PRICE DISCRIMINATION. Grantee -shall furnish its accommodations and/or cervices coritemplated by the provisions of this agreement on a fair , equal and not unjustly discriminatory basis to all users thereof and it shall charge fair , reasonable and not unjustly discriminatory prices for each unit of service; provided that the Grantee; may be allowed to make reasonable and non--discriminatory discounts , rebates or other similar type price reductions to volume users . =6 . JUDICIAL ENFORCEMENT AGAINST DISCRIMINATION. Non- compliance with paragraphs 23 and 24 above constitutes a material breach thereof, and in the event of such non-compliance, the Grantor shall have the right to terminate this agreement . 27 . RESERVATIONS OF GRANTOR. ate._Grantor _reserves,the right_ to take dry_-_act-ion it considers necessary to._Prot.ect the aerialapproaches of the a irperrt_.._,ag� nst. .__ c�k�atr uc t,rc�n....__t_ ? t..her. ..._with the r a g ht to Farevent._.. G.rant.ee..._f rom er_ect.' .g..�__.ac?r_ Permitting t o_._heT erect ed s_ any hui.lciing..._.or_.. other structure which. _.ir?_..the....-opinzearl...of the Grantor ..... .__wo ...........d ...._l..i_m t- ...the useful neoti,..__o.f........._t_he.- -_a i rpor_t..__Mor c:onsAitiTte a azard to aircraft . b . Grantor reserves e ._ . close the .__ _ _. ._: o ...._ . .. a i.T ,nr.t. or..._._...any. of the-h e- facilities__ „ .t hc:r cFon ......_f,or...maintenance . rravcamctrIt^_� c}r....f�c�r . t hf'...saf.E'.t Y_..Of.. t_he Mbl i E:-.. This acreeme,rrt sha:l. :l. [:)e s(,(Jbordjriate to t:t-icF �rc::�vi.:}i.QTIS of: �.......... ...._ E:_....................... __... ur.... ._.fU t:t,are.....agrr,!eMEMt..._..hf twef..`Ti (i rantor.........and....._the United `.;t at;es. relative t...._ cy....the 0Per_{.At,x.c)r_1 or m i ntc-.,nanc.�_ of the c�1 rpC)r t._.:....__..t tie-_exec.tit i r,n c�1 which, ._.._F��i�, _ ..tic c.n car...... may be recit-ti rc'd as a.._cOTIcf tt ) un_..t�.C:�..._thF. .._expen(l t.ur�'. .of.:.. .f eder_��_1....._ funds for the d1eVe I.oF..)mE rit. of... t.hf....._a ..rP or,t_.. 001h d . Durinq the time of war or national e m q r jagy.,_ �. r,,,.n t o r shal I have -the right to lease the landing area or any _pqrt. thereof to the United States Government for mil-itary or- naval use , and . if such lease is executed . the i3rovisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government , shall be suspended 28 . NOTICES. Notices to Grantor provided for herein shall be sufficient if sent by certified mail , postage prepaid , addr:'Ossed to the Director , Airport Systems, Meacham Airport Terminal Suite 228, Fort Worth, Texas 76106, and notices to 6rantee if sent by certified mail , postage prepaid , addressed to W. D. Hospers, President , B C Vintage Flying Machines, P. O. Box 18099, Fort Worth, Texas 76180 29 . VENUE. The venue of any action- on this Contract shall lie in Tarrant County , Texas. EXECUTED at Fort Worth, Tarrant County , Texas , this day of 1990. CITY OF FORT WORTH B C VINTAGE FLYING MACHINES By Assistant City Manager President ATTEST: ATTEST: By 13Y APPROVED AS TO FORM AND LEGALITY: ............ ..................... .................. [)ate' Cl 'y !;(•!Cr(-:�tary 0010, DEFINITIONS Vintage Military Aircraft Museum/Restoration Center: Facility designated for the storage, repair , restoration , and display of vintage aircraft originally manufactured for combat purposes and used in a combat role in either World Wars I & 11 , Korea, and Viet Nam. The sale of novelties , memorabilia , and other concessions normally associated with museum operations is included ( commonly referred to as PX sales ). Vintage Military Aircraft : Any aircraft originally designed , manufactured , and or modified to serve in a combat or combat support role in World Wars I & 11 , Korea, and Viet Nam. Aircraft on-loan to the Museum: Any aircraft originally designed , manufactured , and or modified to serve in a combat or combat support role in World Wars I & II , Korea, and Viet Nam that is loaned to the museum for display purposes for a period of not less than twelve ( 12 ) calendar months. -. Grantee must provide proof by documentation that the .aircraft in question is in fact in a on-loan status to the museum .