The URL can be used to link to this page

Home My WebLink AboutContract 63832CSC No. 63832 FORT WORTH SPINKS AIRPORT AIRCRAFT TIEDOWN LEASE AGREEMENT (Month -to -Month) This Aircraft Tiedown Lease Agreement ("Lease") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation organized under the laws of the State of Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director, and the undersigned John Lane McCall ("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 17, 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 30 days prior to the effective date of such cancellation. 3. A. Lessee agrees to pay Lessor the monthly rental set forth in Section D of Exhibit "A". Initial rent payment is due on or before the effective date of this agreement. Thereafter, monthly rental payments are due on or before the first day of each renewal month. B. Rental rates for each Renewal Term shall comply with the rates prescribed for the Premises by Lessor's published Schedule of Rates and Charges in effect at the same time. 4. Lessee may use the Premises only for parking of the aircraft described in Section B of Exhibit "A" and for no other purpose without the prior written consent of the Director of Aviation or authorized representative. 5. Lessee shall maintain the Premises in a good condition and keep the Premises free from trash at all times. Lessee shall not store, dispose of, or allow to stand any fuels, oils, solvents or other hazardous material on the Premises. Lessee shall not conduct or permit any action or activity that constitutes a nuisance, interferes with the use of any airport property by other tenants, or disturbs or endangers the general public in any way. 6. Lessor shall have the right to the Premises at any time in order to inspect or repair the Premises, or to perform repairs or maintenance to other airport property. 7. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED 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, FROM AND AGAINST ANYANO ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THENEGLIGENTACIS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAY LESSOR FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR, LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAYDAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. 8. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Premises. Lessee shall obtain the required insurance specified to be maintained by a commercial tenant in accordance with Exhibit `B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this Lease for all purposes. Out of an abundance of caution and to avoid any doubt, Lessee shall be required to provide the same levels of insurance as required for Box Hangar, T-Hanger, and Community Hangar Leases outlined in Exhibit B. 9. A. The following events shall constitute events of default by Lessee under this Lease: (1) Lessee's failure to pay any installment of rent within 10 days following the date that payment was due; (2) Lessee's failure to comply with any term, provision or covenant of this Lease, other than the payment of rent, within 15 days following receipt of written notice from Lessor to cure such failure; or Month -to -Month Tiedown Lease Agreement Page 2 of 10 (3) Lessee's abandonment or vacation of the Premises. B. Upon the occurrence of any such events of default, Lessor shall have the option to terminate this Lease without fiuther notice to Lessee. Upon termination Lessor shall have the right to take full possession of the Premises, and to remove any party remaining on the Premises without being liable for trespass or for any other reason which may stem from Lessor's termination or assertion of its right to terminate. In the event of termination, Lessee agrees to pay Lessor on demand the amount of all loss or damage that Lessor may suffer by reason of such termination. 10. Lessor shall always have the right to a lien on all aircraft and any other property located on the Premises. Lessee covenants and agrees that it will not remove from the Premises any such aircraft or other property unless Lessee has first paid Lessor all rent and any other sums of money to which Lessor is, at the time, entitled under the terms of this Lease. Upon the occurrence of an event of default by Lessee, Lessor may exercise any remedy available to it, either herein or by law, including Lessor's right to the demised Premises, take possession of the aircraft and any other property situated on the Premises and, after providing Lessee with five days' (5) written notice, sell the same at public or private sale. In this event, Lessor will apply proceeds from such sale, less any and all expenses incurred by Lessor in the possession or sale of the property, as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively, Lessor may foreclose upon its lien on Lessee's aircraft and other property on the Premises as provided by law. Lessee acknowledges that such lien is supplementary to any statutory lien for rent that Lessor may also have. 11. This Lease shall be governed by the laws of the State of Texas. In the event there should be a breach or default under any provision of this Lease and either party should retain attorneys or incur other expenses for the collection of rent, fees or charges, or the enforcement of performance or observances of any covenant, obligation or agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys' fees. 12. Lessee represents and warrants to Lessor that Lessee is the owner of the aircraft described in Section B of Exhibit "A." 13. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or interests granted by this Lease. Any attempted assignment of this Lease shall be null and void. 14. Lessee hereby agrees to comply with all federal, state and local laws, as well as all rules and regulations established by Lessor. 15. Upon Lessor's request and following reasonable advance notice, Lessee will make such books and records pertaining to this Lease available for review by Lessor during Lessee's normal business hours. Lessor, at Lessor's sole cost and expense, shall have the right to audit such books and records in order to ensure compliance with the terms of this Lease and the Sponsor's Assurances made by Lessor to the Federal Aviation Administration. 16. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States Government which relates to the operation or maintenance of the Airport and is required as a condition for the expenditure of federal funds for the development, maintenance or repair of Airport infrastructure. Month -to -Month Tiedown Lease Agreement Page 3 of 10 17. If any provision of this Lease is subsequently held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. The person signing this Lease hereby warrants that he/she has the legal authority to execute this Lease on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Lease. 19. This written instrument contains the entire understanding and agreement between Lessor and Lessee. Any prior contemporaneous oral or written agreement is hereby declared null and void. (Signatures Page to Follow) Month -to -Month Tiedown Lease Agreement Page 4 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the11TH day ofAUGUST 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 day of AUGUST 2025. o�rRva�e� ANGELA D. CHRISP Notary Public STATE OF TEXAS Notary I.D. 134812443 "FOFP My Comm Exp. Mar. 18, 2028 APPROVED AS TO FORM AND LEGALITY: By: rc4Kd ce- pa�CurNa Candace Pagliara Assistant City Attorney M&C: None Required Month -to -Month Tiedown Lease Agreement Page 5 of 10 A-naella D. Chrisp Angela N`hrisp (Aug 11, 2025 10:47:52 CDT) Notary Public in and for the State of Texas pO�n4U pORTpa a>o 09Ad ATTEST: ago �=d °dA* , oaan nEaA44pp By: Jannette S. Goodall Kc City Secretary 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. 3�6c�.� CLeec%u� Barbara Goodwin Real Property Manager LESSEE: JOHN LANE MCCALL By: 4�7 ` ��4frl J m Lane McCall STATE OF T2K�tr COUNTY OF CftC .rq*-r ATTEST: By: Pvr 1^ t l,(Qt {n BEFORE ME, the undersigned authority, a Notary Public in and for the State of -M -IA- S , on this day personally appeared John Lane McCall, known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of John Lane McCall and that he executed the same as the act of John Lane McCall for the purposes and consideration therein expressed and in the capacity therein stated. GIVENUNDER MY HAND AND SEAL OF OFFICE this 01 day RVA (I S .2025. ,..*Y Notary 10 3550lKNENotary Public in and for the State of • Notary ID X13S509361 " My Commission Expires ' April 1, 2029 Month -to -Month Tiedown Lease Agreement Page 6 of 10 EXHIBIT "A" A. Lessee Name: John Lane McCall Contact: Same Address: 1509 Wilshire Blvd City: Arlington State: TX Zip: 76012 Phone #: 817-946-2870 Email: mccalHanena,vahoo.com Business (if applicable): Address: City: State: Zip: Phone #: Fax #: In case of emergency: Contact Name: Phone: B. Aircraft: #1 Make: 1940 Piper M-A Cub Coupe Tail#: N35001 Color: C. Tie Down Site: See Map (attached) D. Rental: $55.00 monthly per tiedown Quantity: 1 Total Amount Billed Per Month: $55.00 E. Start Date: Aueust 17, 2025 Month -to -Month Tiedown Lease Agreement Page 7 of 10 LOCATION MAP &-lc 10LI I r I Month -to -Month Tiedown Lease Agreement Page oflO EXHIBIT `B" FORT WORTH ANIZU110 EXHIBIT B 4t91P>llfe UM INtiI-IR-ANCE REQUIRE:MEN T S Catc�lory Property Commercial General Environmental Impairment Hangarkty Ainctait and Passer ger Auiomoblk Ltabi,'ty ITo Include H red 8 Non-cmned insurance Liability Liability' Liability Liability Vett9 Fixed Base Operators (F80's) Yes %S,DDD,DDQ $5 DDO,000 $1,01313.010 5 1,000,DDD ABctaft Mantenanoe Operator and Avionics nr instrument Maintenance s $1,000,0D0 $1,0013,000 S 1,DDD,DDD Doer3tY,L[�Pi ton Arcrafi Mavilenance Operator ano Avionics or Instrument Maintenance s SS,DDD,DDO $1,0DO,DD0 S 1,000,GDO Ooerator-Tutbine Avionics or Instrument Maintenance 5 $1,000,ODO S I.ODD,DDD Operator (Bench work Only) Aircraft Rental or Flight Trainings � S1.DUO.DOn� S 1,004,00aioccurnence S 1,DOO,f}DO ()pastor S1013,000.1passenW Aitrtafh C9artet' cf Aitcra't z :;1 000 NO W,000,001)loccuirence S t,C.00,GDO Management Ow- :.lor SSEd}Q ODOk�assenger A-rcraftSales Operator $ S1,13W,OOD? S1.OD0.000 31,000,00a1occurrence S 1,000,450 •s S SOQ,QOCt,passen� 's 51,QDO,D00 $,1,OtTJ,Oi}3 Ataraft Storage Operator .5 55,UOD,ODD' $5,000,000 S 1,0013,0DO '$ l SI,OOu,DDacdcutrence $ 250,00 Aviaton Servitor Sde Propretor S i'mo,QOD $tOD.DDDlpasser!ger 0&+rCornmercaal Ae"inauticai $1,00D,000 5300,00a'oe.currence 5 1,000,000 A W—tes Teffipcirary SW.: alaed Aviation S1,00D,ODD S300,00U'oecumsnce S 1,000,ODO Service Cverator Ncm Commefcae Hangar Lessee 's $1.000.000 � 5300,00DlomnTence S 1,000,000 Nrfi-Commerc�*Flying Club s $1.DDO,DDO7 31,000,00afoocurrence 1;100 0n0loassenoer S 1,DDD,DDO Wri-CommLecatSell-Fueling 31Ono Ono S1,000,000 S300,00L1'occutrence $ 1,000,01DO Perm -lee {Jet Fuca andfor Avaas'i Non Ccrnhmefeiai Self -Fueling Perm•.ee ; S1,OOD,ODOt $50D,ODa3 53CA,DDDloccurrc-nce S 25D,DDD IAfterrr_ •Fuers e.o. mcwast Box Hangar. T-1-langar, Community { it?nD,iYQ- $300,L0DVoccurrence $ 250,000 Hangar Other 'insurance req iirerr--r.ts subject to determination by Aviation Deparmenl and Rik Management. Addit-o^a -suranae Requ rernents -Lessees poes are to be nrirrary to any other valid and c0:•ectible, -surance availaf>e to the C y -All Fai:*s sha..nelude a Waver o` 3utxogaton I avor of She C iy Temporary SASO must aiso Allude AT". Lessee) -The City _f F-,." Worth s"ll to namec as Add -,anal Insured iTearoorary SASCI must ase +node Airport,'Lesseer folic:=s s^all •a.� nc of dusins ay enac semem, athic^ nethe• nuil, y or amend the rrgr. *ell ^es o` caa=rage nor decrease the ImBs of sa•o coverage 'Cow -age per arcraft should be "jivalent to the Assage airc:raafl value a one tine arad coves*e per occutrenc:e s; ouV be equiva i nt to the aNerage of Vie maximum value ce iccw aircraft: at one time, but not less tr.an the wricunl noted above -'mum -nvade Negligent Instruction Coverage ' If aitTaft storage ope-alor is providing subleasing spate for alwaft storage. ' Only requ red for those provid fg fligbi instruction ' Depe,,-s on wrrhs cr the lease agreement If veht!e parked landside - State minimums would apply y Coverage myy be provided by endorsement i Aviation Minimum Standards, City of Fort Worth Aviation Department (00030D14) Month -to -Month Tiedown Lease Agreement Page 9 of 10 PRUPERTI MISI RANCE DEFINITIONS: Coverage for The Building includes (but is not limited to) the building aril structures, completed additions to covered buildings, outdoor fixtures, permanently installed fixtures, machinery 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, stock, improvements and berermems, leased property for which you have a contractual obligation to insure and several other similar business property rems when not specifically exoduded from coverage. The policy hs also designed to proteetthe insured against loss or damage to the Personal Property of (Others while in the insuied's care, ouszody arid control. Business Income I.someiimes called Business interruption) affords protection against the loss of eamings of a business during the time required to rebuild or repair covered property damaged or destroyed by fire or some other iraured cause of loss. Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due to damage to covered property from a covered cause of bris. These expenses could include rent utilities, moving expenses. telephone, advertising and labor. This coverage prole.ats the insured for bodily injury or properly damage to the third parties, for which they are legally liable. The policy covers accidents occurring on the premises or away torn the premises. Coverage is provided for injury or damages arising cut of goods or products made or sold by the named insured. Coverage is afforded for the named insured and employees of the named insured; however, several individuals and organizations other than tie named insured may be covered depending upon certain circumstances specified in the policy:. In addition to the limits, the policy provides supplemental paymerrs for attorney fees, court costs and other expenses associated with a claim or the defense of a liability suit - Coverage A - Bodily Injury and Properly Damage Liability CC}NMERCTAL GE1\ETLAL Bodily Injury means physical injury, sickness or disea-e, including death. Propery Damage means physical injury r t agliM W tangible property, including the resulting hosts of use of that property. Coverage @ - Personal Injury and Advertising injury Liability Personal Injury means false arrest, malicious prosecution, wrongful entry oreviotion, libel, stander and vioations of a person's right of privacy. Advertising Injury means libel, sander, disparagement, violations of a person's right of privacy, misappropriation and copyright inlYingernent. Coverage C -Medical Payments ktedieal Payments means medical expenses for bodily injury caused by an acciderr, Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that occurs when the HA2r)'CrtARICEEPEMS aircraft is in ttte care, custody ort:ontrol of the insured for safekeeping, storage, service or repair. Coverage LIABMITY extends to liability claims involving an aircrafes loss of use. Insures the pollution exposure associated with the insured's property and operations, Including costs of cleanup and remedial or correc:tave action due to a third -party demand or a government order. The Pollution exclusion in general ENrVIRUXIENT-ILL riabirity insurance effectively eliminates coverage for damages 'or bodily injury, property damage and cleanup costs I1MIRIMNY LIABILITY arising from most types of pollution events. Because of this, customized protection for the pollution exposure of numerous iraureds in this category is essential. Coverage geared specifically to the operation of aircraft and the risks involved in aviation. Aviation insurance policies are distinctly di'ferem from those for other areas of transportation and tend to incorporate aviation �-iJRC `AFT A1-D terminology, as well as terminology, limits and clauses specific to aviation insurance. Passenger liability prat.-si R cSENGER L ABMpassengers riding in the accident aircraft who are injured or killed. M many countries this coverage is mandatory only for commercial or large aircratt Coverage is often sold on a "peas -at` basis, with a specified limit for each passenger seat The IiabTAy coverage of the Business Auto Policy provides protection against legal liability arising out of the AIUMMUBILE LIABILM ownership, maintenance or use of any insured automobile. Ttie insuring agreement agrees io pay for bodily injury fll7 LNCLtiDE 1< MM & or property damage for which the insured is legally responsible because of an automobile accident The policy also NO-UL\r:VED VE'WCLESI states that, in addition to the payment of damages, the insurer a leo agrees to defend the insured for all legal defense cost The defense is in addition to the policy lim its. fr\TA1ZrEii OF An agreement betide n two parties in which one party agrees to waive subrogation rights .against another in the event of a loss. The intent is to prevent one party s insurerfrom pursuing subrogation against the other party. ri TB ,A C)N Aviation Minimum Standards, Cityalfon Wonh Aviatien Deparirnent (041tla2014) Month -to -Month Tiedown Lease Agreement Page 10 of 10