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HomeMy WebLinkAboutContract 63801CSC No. 63801 FORT WORTH SPINKS AMPORT AIRCRAFT TIEDOWN LEASE AGREEMENT (Month -to -Month) This Aircraft Tiedown Lease Agreement ("Lease") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director, and the undersigned Andre Ernest Lee Winters ("Lessee"), an individual, more fully identified in Section "A" of Exhibit "A" ("Aircraft Tiedown Lease Agreement Information"), attached hereto and incorporated herein by reference for all purposes. 1. Lessee hereby agrees to lease the property owned by Lessor and described in Section C of Exhibit "A" ("Premises"). Lessee accepts the Premises in its present condition. Upon the expiration or termination of this Lease, Lessee shall surrender the Premises to Lessor in the same condition, subject to ordinary wear and tear. 2. The term of this Lease shall commence on August 15, 2025 and will automatically renew on t h e f i r s t d a y o f each subsequent month unless canceled by either party by written notice provided to the other party not less than 3 0 days prior to the effective date of such cancellation. 3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A". Initial rent payment is due on or before the effective date of this agreement. Thereafter, monthly rental payments are due on or before the first day of each renewal month. B. Rental rates for each Renewal Term shall comply with the rates prescribed for the Premises by Lessor's published Schedule of Rates and Charges in effect at the same time. 4. Lessee may use the Premises only for parking of the aircraft described in Section B of Exhibit "A" and for no other purpose without the prior written consent of the Director of Aviation or authorized representative. 5. Lessee shall maintain the Premises in a good condition and keep the Premises free from trash at all times. Lessee shall not store, dispose of, or allow to stand any fuels, oils, solvents or other hazardous material on the Premises. Lessee shall not conduct or permit any action or activity that constitutes a nuisance, interferes with the use of any airport property by other tenants, or disturbs or endangers the general public in any way. 6. Lessor shall have the right to the Premises at any time in order to inspect or repair the Premises, or to perform repairs or maintenance to other airport property. 7. LESSEE HEREBY ASSUMES ALL LL4BILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OFLESSOR. Month -to -Month OFFICIAL RECORD Tiedown Lease Agreement CITY SECRETARY Page 1 of 10 FT. WORTH, TX LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF FRASY010 LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAY LESSOR FOR ANYAND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAYBE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. 8. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Premises. Lessee shall obtain the required insurance specified to be maintained by a commercial tenant in accordance with Exhibit `B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this Lease for all purposes. Out of an abundance of caution and to avoid any doubt, Lessee shall be required to provide the same levels of insurance as required for Box Hangar, T-Hanger, and Community Hangar Leases outlined in Exhibit B. 9. A. The following events shall constitute events of default by Lessee under this Lease: (1) Lessee's failure to pay any installment of rent within 10 days following the date that payment was due; (2) Lessee's failure to comply with any term, provision or covenant of this Lease, other than the payment of rent, within 15 days following receipt of written notice fi•om Lessor to cure such failure; or Month -to -Month Tiedown Lease Agreement Page 2 of 10 (3) Lessee's abandonment or vacation of the Premises. B. Upon the occurrence of any such events of default, Lessor shall have the option to terminate this Lease without further notice to Lessee. Upon termination Lessor shall have the right to take full possession of the Premises, and to remove any party remaining on the Premises without being liable for trespass or for any other reason which may stem from Lessor's termination or assertion of its right to terminate. In the event of termination, Lessee agrees to pay Lessor on demand the amount of all loss or damage that Lessor may suffer by reason of such termination. 10. Lessor shall always have the right to a lien on all aircraft and any other property located on the Premises. Lessee covenants and agrees that it will not remove from the Premises any such aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of money to which Lessor is, at the time, entitled under the terms of this Lease. Upon the occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it, either herein or by law, including Lessor's right to the demised Premises, take possession of the aircraft and any other property situated on the Premises and, after providing Lessee with five days' (5) written notice, sell the same at public or private sale. In this event, Lessor will apply proceeds from such sale, less any and all expenses incurred by Lessor in the possession or sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively, Lessor may foreclose upon its lien on Lessee's aircraft and other property on the Premises as provided by law. Lessee acknowledges that such lien is supplementary to any statutory lien for rent that Lessor may also have. 11. This Lease shall be governed by the laws of the State of Texas. hi the event there should be a breach or default under any provision of this Lease and either party should retain attorneys or incur other expenses for the collection of rent, fees or charges, or the enforcement of performance or observances of any covenant, obligation or agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys' fees. 12. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in Section B of Exhibit "A." 13. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or interests granted by this Lease. Any attempted assignment of this Lease shall be null and void. 14. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and regulations established by Lessor. 15. Upon Lessor's request and following reasonable advance notice, Lessee will make such books and records pertaining to this Lease available for review by Lessor during Lessee's normal business hours. Lessor, at Lessor's sole cost and expense, shall have the right to audit such books and records in order to ensure compliance with the terms of this Lease and the Sponsor's Assurances made by Lessor to the Federal Aviation Administration. 16. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States Government which relates to the operation or maintenance of the Airport and is required as a condition for the expenditure of federal funds for the development, maintenance or repair of Airport infrastructure. Month -to -Month Tiedown Lease Agreement Page 3 of 10 17. If any provision of this Lease is subsequently held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. The person signing this Lease hereby warrants that he/she has the legal authority to execute this Lease on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Lease. 19. This written instrument contains the entire understanding and agreement between Lessor and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null and void. (Signatures Page to Follow) Month -to -Month Tiedown Lease Agreement Page 4 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the llth day of August 2025. CITY OF FORT WORTH: By: Roger Venables Aviation Systems Director Date: 07/11/2025 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 to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVENUNDER MY HAND AND SEAL OF OFFICE this 11th August 2025. osPava�s ANGELA D. CHRISP Notary Public STATE 0' TEXAS v Notary LD. 134812443 or My Comm. Exp. Mar. 18, 2028 - APPROVED AS TO FORM AND LEGALITY: Candace Paaliara By: Ca td—Pap, I a(A,, p, 11, 21- 104S UZI [T Candace Pagliara Assistant City Attorney M&C: None Required Month -to -Month Tiedown Lease Agreement Page 5 of 10 4��- Z- �T) Angela D. sp (Aug 11, 2025 13:42:2iDT) Notary Public in and for the State of Texas ATTEST: By: Jannette S. Goodall �c City Secretary day of nnb p o� FORT ��0 Coo °�1G dv8 0=4 Opan pEXA54O' 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. 8�6��aa�ti� Barbara Goodwin Real Property Manager LESSEE: ANDRE ERNE, ST LEE WINTERS By: PA-k W Andre Ernest Lee Winters Date: 26L5o8IDI STATE OF COUNTY OF-LV\�— ATTEST: BEFORE ME, the undersigned authority, a Notary Public in and for the State of t pY fh , on this day personally appeared Andre Ernest Lee Winters, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Andre Ernest Lee Winters and that he executed the same as the act of Andre Ernest Lee Winters for the purposes and consideration therein expressed and in the capacity therein stated. GIVENUNDER MY HAND AND SEAL OF OFFICE this day .2025. ABIGAIL PESiNA Notary Public in and for the State of e Notary Public, State of Texas `� Comm. Expires 05-30-2029 °ij��`` Notary ID 135516437 Month -to -Month Tiedown Lease Agreement Page 6 of 10 EXHIBIT "A" A. Lessee Name: Andre Ernest Lee Winters Contact: Same Address: 857 Legacv Oak, Ant 3405 City: Fort Worth State: TX Zip: 76102 Phone #: 215-620-1949 Email: ael.wintersna,gmail.com Business (if applicable): Address: City: State: Zip: Phone #: Fax #: In case of emergency: Contact Name: Phone: B. Aircraft: #1 Make: Vans Aircraft RV 12 Tail#: N512RV Color: C. Tie Down Site: See Man (attached) D. Rental: _$55.00 monthly per tiedown Quantity: 1 Total Amount Billed Per Month: $55.00 E. Start Date: August 15, 2025 Month -to -Month Tiedown Lease Agreement Page 7 of 10 LOCATION MAP t r F a Month -to -Month Tiedown Lease Agreement Page 8 of 10 1-f J, J. EXHIBIT "B" MI.ulr.t� EXHIBIT B-PAINIMUM INSURANCE REQUIREMENTS Prop Commercial Environmental Hangars Aircraft and Passenger Autorrob a Uabi, ly !To Category Insu axe General Impairment Liabilitility' Liandity Include H •ed & Non -owned Liability Liability Veh:clees 1 Fixed Base 'Operators (FBO's) Yes "..C.DD,D30 S5 000 000 $1,000=40 S CtnD,�D Aircraft Ma nlenance Operator ana Avionics or Instrument Maintenance s f I.,030.DD0 $1.ODD,DOD S t,DDD,V.ND voer3t(r-Pistcn Aretaft M3+slen3nce Operator ano Avionics or Instrument Maintenance .5 �,,vDD,0D0 $1,000,040 5 ".,000,000 Operator -Turbine Avionics cc Instrument Maintenance - Et,0D0,03D S t,0vD,lO Operato• iBench work Only) Aircraft Rental or Flight Training s 51,000,000 31.000,00D occurrence S t,DID 0.0 0 OperatD, 5 S • :'D,C.0Olpass-n 2e•• Aircraft C!+arter or AircraR s S1.ODO.DDO S5,000,000!occu"rice S '.C40,C40 Management Op —alor 5 S500,0001passeng-r s 51,000,D0aoccurrence Aroraft Sales Operator 51,000,0•D0 $1.000 000 S I •C4D,CrD •5 3'00,GDD,p asses S1,DD0o00 L1,003,OCO ,+rcraftStorage Operater $5,000.000 i5.000,COD' $ 1•,00D,070 Aviatcn Servirx Sole Propretor 5 3'.,000,000' S1.000,0001occurren^_e j 1100.. 000l $ `.0,000passenger Ott•_ Commercial Aeronauticat 21 D03003 $300,00-3,'occurrence 5 1,03D,C-30 A.cbvties Temporary Spec 3lized Aviator+ 3l.00D,00D S300,0011occurrence S f�D,Cti 0 Serwce Operator Non-Conmerc-a Hangar Lessee 51,000.000 $300,00,Xoccurrence S 1,000,030 Non-Corrii 3r Flying Club $1.000 000 7 S 1,000,000.1occurrence 5100 000-basseroer S 1.000, 00 Ncn-Ccmmerc3•SeN-Fueling S1,000,000 S1000.000 $300,00.1'occurrence S t,C40.000 Pe-rr lee ;Jet Fuel and ,or Avaas I Ncn-Commercia Set` -Fueling Ferri, lee 5 51400,000 SFo0,033 SK0,0001occurrence S �50,030 (Alternative Fues e.a. mooasl Box Hangar T-Hangar, Communry $1,000,000 S300,0)Woecurre^ce Hangar Otter "nsurance requirerren.ts subject to determination by Av aiton Oepanrrenl and R sk Management. Addrtn^a'-surance Requ cements -Lessees poGues are lobe :)rim3ryto any other valid and collectible ^5u'3nce ava Iab a to the C ty -All po' c es sh3# nclude a Waver o' 3ucrogaton -'avor of the C ty ,Temper3'y A30 must 31so ,n(.Iuoe Airport Lessee) --he City of Fos -North s*all -e na�iec as Add tonal Insured Jerroorary S.ASO rr-st 3 so no. oe Airpert Lessee) -Folic es s-ale wave nc ex:lus.cns ,y enac-sement which nelhe- null,`y or amend the req- *Ed -es o` coverage nor de-rease the l,mts of sao coverage Coverage per arcraft should be eq,.ivalent to the y;-c'a•pe aircrah value at one time ar'd caor3ge per occurrence s! ou'tt be equivSent to the average of the maximum v3.te o` iota aircraft at one time, but rot less time the amount ^oted above Must nc Ode Neglige^1 Instruction Coverage 11 aircraft storage cpe-alor is providing subleasing soa`e for a ¢Waft storage Only requ -ed for those provid rg flig" instn eticn DeN�. s or, tem',s o` the lease agreement If vehc'e parked landside - State minimums would app y Coverage may be prow ded by endorsement Aviation Minimum Standards, City of Fort Wottii Aviation Department tO 012014t Month -to -Month Tiedown Lease Agreement Page 9 of 10 PROPERTY I SUR-ANCE DEFINITIONS: Coverage for the Bu4ding includes (but is not limited to) the building and structures, completed additions to covered buildings, outdoor fixtures, permanently installed fixtures, machi tery and equipment. The building material used to maintain and service the insured's premises is also insured. Business Personal Property owned by the insured and used in the insured's business is covered for direct Loss or damage. The coverage includes (but is not limited to) fumiture and fixtures. stork, improvements and betterments, leased property for which you have a contractual obligation to insure and several other similar business property items when not specifically excluded from coverage. The policy is also designed to protect the insured against loss or darnage to the Personal Property of Others While in the insured's care, custody and control. Business Income (sometimes called Business Interruption) affords protection against the loss of earnings of a business during the tine required to rebuild or repair covered property damaged or des Toyed by fire or some other insureo cause of loss. Extra Expense allows coverage 'or those additional expenses over and above normal operating expenses paid due to damage to covered property from a covered cause of loss. These expenses could include rent, utilities. moving expenses telephone, advertising and labor. This coverage protects the insured for bodily injury or property damage to the third parties. for which they are legally !'able The policy covers accidents occurring on the premises or away from the premises. Coverage is provided for iNwy or damages arising out of goods or products made or soid by the named insured Coverage is afforded for the named insured and employees of the named insured; however, several individuals and organizations other than the named insured may be covered depending upon certain circumstances specifieo'n the policy. In addition to the limits, the policy provides suppk_+mewal payments for attorney fees, court costs and other expenses associated with a ._laim or the defense of a liability suit. Coverage A - Bodily Injury and Property Damage Liability COINWUII CIAL GENERAL Bodily Injury means physical injury, sickness or disease, including death. Property Damage means physical injury LIABILITY to tangible property, including the resifting loss of use of that property. Coverage B - Personal Injury and Advertising Injury Liability Personal Injury means false arrest, malicious prosecution, wrongful entry or eviction, libel, slander and voW,ons of a person's right or privacy. Advertising Injury means libel, slander, disparagement, violations of a person's right of privacy, misappropriation and copyright infringement. Coverage C - Medical Payments Medical Payments means med,cval expenses for bodily injury caused by an as :dent HAI G_4RK=EP-5 Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the aircraft is in the care, custodyor control of the insured for safekeeping. storage service p• i3• 9 _ or repair. Coverage LIABI= extends to habihty claims involving an aircraft's loss of use. Insures the pollution exposure associated vrrh the msureTs property and operations. Including costs of cleanup and ENVIRO\'IE\?AL remedial or corrective action due to a third -party demand or a government order. The Pollution exclusion in general liabifity insurance e"ectivey eliminates coverage for damages nor body injury, property damage and cleanup costs LIIPIRAIEVT LIABILITY arising from most types of pollution evens Because of this, customized protection for the pollution exposure of numerous insureds in this category is essential. Coverage geared speafically to the operation of aircraft and the risks involved in aviation. Aviation insurance policies are distinctly different from tnose for otter areas of transportation and tend to incorporate aviation AIRCP.FT AND terminology, as well as terminology• limits and clauses specific to aviation insurance. Passenger Lability protects PASSENGER LUBIL.ITY passengers riding in the accident aircraft who are injured or kiiled. In many countries this coverage is mandatory only for commercial or large aircraft. Coverage is often sold on a "per -seat' basis, with a specified fimit for each passenger seat The liabifdy coverage of the Business Auto clolicy provides protection against legal liability arising out of the AL'TOAIOBILE LLABILTIY ownership, maintenance or use of any insured automobile. The insuring agreement agrees to pay for bodily injury (TO INCLUDE H WZED &- or property damage for which the insured is legally responsible because of an automobile accident. The policy also NON-01VNED VEHICLES states that, in addition to the payment of damages, the insurer also agrees to defend the Insured for all Legal defense oust The defense is in addition to the policy limits. IV.AIVER OF An agreement between two parties in which one party agrees to waive subrogation rights against another in the 5L*sRC)c;arr0;\r event of a loss. The intent is to prevent one party s insurer from pursuing subrogation against the other party. Aviation Minimum Standards, City of Fort Worth Avation Cler•arlment {0'1,Oa'2014) Month -to -Month Tiedown Lease Agreement Page 10 of 10