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HomeMy WebLinkAboutContract 63640CSC No. 63640 FORT WORTH MEACHAM INTERNATIONAL 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 Direct r, and the MILOUD AVIATION, LLC ("Lessee"), A Texas limited liability company, acting y and through Chadd Miloud, Its duly authorized Managing Member, more fully identified in ection "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information"), attached hereto and ineorlporated herein by reference for all purposes. 1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of xhibit "A" ("Premises°'). Lessee accepts the Premises in its present condition. Upon the expira ion or termination of this Lease, Lessee shall surrender the Premises to Lessor in the same condition, ubject to ordinary wear and tear. 2. The term of this Lease shall commence on AWst 1. 2025;and will automatically renew o each subsequent month unless canceled by either party by written notice provided to the other p 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 "N' Initial rent payment is due on or before the effective date of this agreement. Thereafter, monthl 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. S. 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 activily 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. The Lessee shall have the right to make improvements to the Premises upon obtaining the necessary approvals from Airport Management as specified below: (1) For the purposes of this Agreement, "improvements" shall be defined as any alte ation, addition, modification, or renovation made to the Premises by or on behalf of the L ssee, excluding routine maintenance and repairs. (2) The Lessee shall be solely responsible for all costs associated with the planning, design, construction, and maintenance of any improvements made to the Premises, includi g but not limited to expenses related to permits, licenses, and professional services, no entitlement to reimbursement for such expenses. Month -to -Month Tiedown Lease Agreement Page 1 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (3) Prior to initiating any improvements to the Premises, the Lessee shall submit deta and specifications for review and approval by Airport Management. (4) Airport Management shall have the right to review and approve or disapprove any improvements within a reasonable time. (5) In the event that Airport Management disapproves of any proposed improver Lessee shall not proceed with such improvements without obtaining written con Airport Management. (6) Lessee acknowledges that Airport Management's approval is a condition preced commencement of any improvement work, and failure to obtain such approval r in a breach of this Agreement. 7. Lessor shall have the right to the Premises at any time in order to inspect or repair the or to perform repairs or maintenance to other airport property. plans , the from to the result 8. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, !NC L ING DEATH, TOANYANDALL PERSONS, OFANYKIND OR CHARACTER, WHETHER AL 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 INTENTI NAL MISCONDUCT OF LESSOR. LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, OLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR E THER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LE SEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL I JURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARA TER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH T USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANC USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE ENT CAUSED BY THE NEGLIGENTACIS OR OMISSIONS OR INTENTIONAL MISCOND T OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAYLESSOR FOR AN AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES DUT OF R IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFI ERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGL ENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR I ITS PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WJ BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLO] CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATA AND WHICH MAYBE STOLEN, DESTROYED OR INANY WAYDAMAGED; LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, Month -to -Month Tiedown Lease Agreement Page 2 of 6 ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINS ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCjr OF LESSOR 9. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of it surance as specified herein, naming the City of Fort Worth as an additional insured and covering all put lic 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 actor. ce with Exhibit `B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and m de 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 Con imunity Hangar Leases outlined in Exhibit B. 10. 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 was due; (2) Lessee's failure to comply with any term, provision or covenant of this Lease, other t Payment of rent, within 15 days following receipt of written notice from Lessor such failure; or (3) Lessee's abandonment or vacation of the Premises. E. Upon the occurrence of any such events of default, Lessor shall have the option to tel this Lease without further notice to Lessee. Upon tennination Lessor shall have the right full possession of the Premises, by force if necessary, and to remove any party remaining Premises without being liable for trespass or for any other reason which may stem from I termination or assertion of its right to terminate. In the event of termination, Lessee agrees Lessor on demand the amount of all loss or damage that Lessor may suffer by reason c termination. 11. Lessor shall at all times have a lien on all aircraft and any other property located on the Pr Lessee covenants and agrees that it will not remove from the Premises any such aircraft c property unless Lessee has first paid Lessor all rent and any other sums of money to which is, at the time, entitled under the terms of this Lease. Upon the occurrence of an event of del Lessee, Lessor may exercise any remedy available to it, either herein or by law, including Lesso. to the demised Premises, take possession of the aircraft and any other property situated on the Pi and, after providing Lessee with five days' (5) written notice, sell the same at public or private this event, Lessor will apply proceeds from such sale, less any and all expenses incurred by Le the possession or sale of the property, as a credit against any sums due by Lessee to Lesso: surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Altern; Lessor may foreclose upon its lien on Lessee's aircraft and other property on the Premises as pi by law. Lessee acknowledges that such lien is supplementary to any statutory lien for rent that may also have. i the cure take the i pay such other Alt by right ... In or in Any 12. This Lease shall be governed by the laws of the State of Texas. In the event there should e a breach or default under any provision of this Lease and either party should retain attorne s or Month -to -Month Tiedown Lease Agreement Page 3 of 6 incur other expenses for the collection of rent, fees or charges, or the enforcement of perfo lance or observances of any covenant, obligation or agreement, Lessor and Lessee agree tht each party shall be responsible for its own attorneys' fees. 13. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in B of Exhibit "A." 14. 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. 15. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and regulations established by Lessor. 16. Upon Lessor's request and following reasonable advance notice, Lessee will make such b ks and records pertaining to this Lease available for review by Lessor during Lessee's normal busines 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. 17. 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 Airpoft and is required as a condition for the expenditure of federal funds for the development, maintenance or repair of Airport infrastructure. 18. 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 affec d or impaired. 19. The person signing this Lease hereby warrants that he/she has the legal authority to a ecute 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. 20. This written instrument contains the entire understanding and agreement between Lesso and Lessee_ Any prior contemporaneous oral or written agreement is hereby declared null and voi . (Signatures Page to Follow) Month -to -Month Tiedown Lease Agreement Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the 1 pth day of July 2025 CITY OF FORT WORTH: By: Roger Venables Airport Systems Director Date: 07/10/2025 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 Ito the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worti.h and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OF1710E this 10th July 2025. ospaY aye ANGELA D. GHRISP a Notary Public ®* STATE OF TEXAS se Notary I.D. 134812443 �oF My Comm. Exp. Mar. 18, 2028 APPROVED AS TO FORM AND LEGALITY: BY: anCdace Pagliara(J,l 9,2 5 1526 CDT) Candace Pagliara Assistant City Attorney M&C: None Required Month -to -Month Tiedown Lease Agreement Page 5 of 6 AngelYD. Chrisp (Jul 10, 2025 13:43 CDT) Notary Public in and for the State of Texas poiugnn pOR. *0P ATTEST: p �o �o °oa*oo!/Vao =d By: 7annette S. Goodall City Secretary day of OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Barbara Goodwin Real Property Manager LESSEE: ATTEST: MILOUD AVIATION, LLC By: By: C add Miloud Managing Member Dater � 1 C)O a c STATE OF T�exa S COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of �QS on this day personally appeared Chadd Miloud, known to me to be the person whose naive is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Miloud Aviation, LLC and that he executed the same as the act of Miloud Aviation, LLC for the purposes and considekation therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �025. day HEATHER MARIE WtOGG �^ Watary ID #124176907 My Cemmiscinn Expires Notary Public in and for the State of b Gi of MaY 8, 2027 Month -to -Month Tiedown Lease Agreement Page 6 of 6 EXHIBIT "A" A. Lessee Name: Miloudd Aviation, LLC Contact: Chadd Miloud Address: 117 American Concourse # HGR4N City: Fort Worth State: TX Zip: 76106 Phone #: 817-626-6300 Email: cmiloud msn.com or mal delta ualifli ht.com Business (if applicable): Same as Above Address: City: State: Zip: Phone #: Fax #: In case of emergency: Contact Name: Phone: B. Authorized Aircraft for all five spaces (Aircraft rotation) Only aircraft owned, operated, or leased by Delta Qualiflight may be parked in these tiedgwn spaces. C. Tie Down Site: See Man (attached) D. Rental: 55.00 monthly per tiedown Quantity: 5 Total Amount Billed Per Month: $ 75.00 E. Start Date: Aueust 1, 2025 LOCATION MAP