Loading...
HomeMy WebLinkAbout064455 - General - Contract - Vintage Flying Museum, Inc.CSC No. 64455 FORT WORTH MEACHAM INTERNATIONAL AIRPORT AIRPORT GROUND LEASE AGREEMENT VINTAGE FLYING MUSEUM, INC . This GROUND LEASE AGREEMENT ("Lease") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rnle municipal corporation organized under the laws of the State of Texas, acting by and through Valerie Washington, its duly authorized Assistant City Manager, and VINTAGE FL YING MUSEUM, INC ("Lessee"), a domestic non-profit corporation acting by and through Charlyn R. Hospers, its duly authorized President. REC ITALS: WHEREAS, on or about January 15, 2021, Vintage Flying Museum, Inc. entered into City Secretary Contract ("CSC") No. 55214, a Ground Lease Agreement, ("Previous Agreement") at Fort Worth Meacham Intemational Airpo1t ("Airport"); WHEREAS, CSC No. 55214 has a term through December 31, 2025 and has no options to renew; WHEREAS, Grantee has made improvements to maintain the ramp over the course of the Previous Agreement; and WHEREAS, Grantee has requested, and Grantor has agreed, to execute a new ground lease with access to the Airport for a five-year term for the use of the Premises for aircraft staging and parking. NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: AGREEMENT In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1.PROPERTY LEASED.Lessor hereby demises to Lessee 54,538 square feet of ground space ("Ground Space"),known as Lease Site South Ramp ("Premises"), at F01t W01th Meacham IntemationalAirport ("Airport"), as shown in Exhibit "A", attached hereto and made a part of this Leasefor all purposes.2.TERM OF LEASE.2. 1.Initial Term. The Initial Term of this Agreement shall commence on the last date of its execution Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Aitport Page I of22 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX by all patties ("Effective Date") and expire at 11 :59 p.m. December 31, 2030, unless tem1inated earlier as provided herein. 2.2. Holdover. If Lessee holds over after the expiration of the Initial Term or any Renewal Tem1, this action will create a month-to-month tenancy. In 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 holdover period will not exceed six (6) months from the time the cunent lease agreement expires. Upon the expiration of the holdover period, the City may exercise all legal rights and remedies available, including but not limited to eviction. 3.RENT. 3.1. Rates and Adjustments The rental rates under this Lease are based on Lessor's cunent published Schedule of Rates and Charges. Rental rates are subject to increase beginning October 1, 2027, and on October 1 st of any subsequent year during the Initial Term, to reflect 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 prope1ty 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 Forty-Nine cents ($0.49) per square foot, as annual rent for Ground Space, for a total of Twenty-Six Thousand, Seven Hundred Twenty-Three Dollars and 62/100 ($26,723.62) per year. This amount is payable in equal monthly installments of Two Thousand Two Hundred Twenty-Six Dollars and 97/100 ($2,226.97). 3.1.2 Special Conditions Concerning Ground Rate Vintage Flying Museum Ground Lease Agreement Lessee covenants and agrees that it will maintain its ce11ification as a non­ profit organization pursuant to 26 U.S.C. §501(c)(3). As long as Lessee maintains its §501(c)(3) status, the Lessor in consideration of the Lessee's non-profit status, shall assess the ground rate at a Discount ("Discount") of the per square foot rate, which shall be $0.1273 per square foot, as annual Fort Worth Meacham International Airport Page 2 of22 3.2. rent for the Ground Space, for a total of Six Thousand, Nine Hundred Forty-Two Dollars and 69/100 ($6,942.69) per year. This amount is payable in equal monthly installments of Five Hundred Seventy-Eight Dollars and 56/100 ($578.56). If such ce1tification is not maintained during the term of this agreement, the Discount shall cease and Lessee will be liable for the full ground rate beginning on the date the §50 I ( c )(3) revocation is effective, at the ground rate of the then-cmTent rates prescribed by the Lessor's published Schedule of Rates and Charges. Alternatively, should the non-profit certification be revoked, Lessor, at its discretion, may terminate this agreement immediately. Five-Year Adjustments If such ce1tification as referenced in Section 3 .1.2 is not maintained dming the term of this agreement, in addition to the Annual Rent Adjustments, on October 1, 2026, and eve1y fifth (5th) year thereafter for the remainder of the Initial Term (i.e. on October 1st of 2031, 2036, and 2041), 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. 3.3 Payment Dates and Late Fees. Monthly rent payments are due on or before the first (1st) day of each month. Payments must be received during normal business hours by the due date, at the location for Lessor's Aviation Department, set f01th in Section 15. Rent shall be considered past due if Lessor has not received full payment by close of business the tenth (10th) 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 ( I 0%) 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 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 w1iting approval from Lessor's Director of Aviation or authorized representative ("Director"). Lessee covenants and agrees that it shall fully com ply with all provisions of this Section 4 in the constrnction of any such Discretionary Improvements. Lessor shall promptly review, consider and decide on approval of such plans, specifications and estimates. Upon completion of any such Vintage Flying Museum Ground Lease Agreement Fot1 Worth Meacham International Ai rp ort Page 3 of22 4.2 Discretiona1y Improvements or the te1mination of this Lease, Lessor shall take full title to any Discretionary Improvements on the Premises. Process for Approval of Plans. Lessee's plans for construction of the Discretionmy Improvements shall conform to Meacham Ai rp01t's architectural standards and must also be approved in writing by Lessor's Planning and Development Department. All plans, specifications and work shall conf01m to all federal, state and local laws, ordinances, mies 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 Documents. Lessee shall supply the Director with comprehensive sets of documentation relating to any Discre tionary 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 fmmats, and a Summary of the total cost/value of the Discretionary Improvements. 4.4 Bonds Required of Lessee. Prior to the c01mnencement of any Improvement, Lessee shall 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 constrnction of such Improvements. In lieu of the required bond, Lessee may provide Lessor with a cash deposi t 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 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 earned 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 patties on grounds relating to such Improvements, 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. Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 4 of22 4.5 Bonds Required of Lessee's Contractors. Prior to the commencement of any Discretionary Improvement, 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 perforated under such contractors 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 faithful performance and completion of all construction work in accordance with the final plans and specifications as approved by Lessor, and (ii) full payment for all wages for labor and services and of all bills for materials, supplies and equipment used in the performance of the construction contract Such bonds shall time both Lessor and Lessee as dual obligees. If Lessee serves as its own contractor, Section 4.5 shall apply. 4.6 Releases by Lessor Union Completion of Construction Work. Lessor will allow Lessee a dollar -for -dollar reimbursement from its cash deposit account or reduction of its claim upon Lessors certificate of deposit to the extent of construction costs paid through that date upon (i) where Lessee serves as its own contractor, verification that Lesser 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. ACCESS TO PREMISES. 5.1 Points of Access. Lessor grants Lessee access to and from the Airport through Airport Gate 37 ("GATE") identified on Exhibit "A" attached hereto. 5.2 Method of Access Lessor shall place a lock on the Gate and provide a key to the Lessee. The Lessee is prohibited from duplicating or attempting to duplicate this key. 5.3 Gate Responsibility Lessee shall be responsible for the upkeep and maintenance of the Gate. USE OF PREMISES. 6.1 Lessee agrees to use the Gate exclusively for ingress and egress to and from the Vintage Flying Museum Ground Lcasc Agreement Fort Worth Mcacham international Airport Page 5 of n Airport for aircraft traffic registered to or in association with the Lessee, via the public taxiways identified on Exhibit "A". Further, Lessee is to use the Gate exclusively for its non-profit aeronautical museum operations and for the use of the Premises for aircraft staging and parking. Commercial aeronautical operations are strictly prohibited. 6.2 Unauthorized pedestrian and vehicular traffic is prohibited; authorized pedestrian and vehicle traffic shall only include pilots, passengers, aircraft towing vehicle and aircraft handling personnel. All pedestrians and vehicles will remain off of the Airport Movement Area at all times unless escorted by Airport staff. 6.3 Transient operators are prohibited from operating on the Premises. 6.4 Lessee is prohibited from any self-fueling activities, to include fueling and fuel storage on the Premises. 6.5 Lessor shall have the discretion to waive requirements as set fmth in this Section 6, as necessary to accommodate Lessee's participation in non-profit, educational fund­ raising, historic aeronautical events. Lessee shall submit such requests in writing to Lessor and Lessor shall provide a response within a reasonable amount of time. 7.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, which reflects Lessee1 s rental rates for the immediately preceding calendar year. Lessor may request, and Lessee shall promptly provide, similar reports on a more frequent basis that reflect Lessee1s 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 Lessee1 s operations at the Airp01t and other obligations hereunder in a manner satisfactory to Lessor's Internal Auditor and at a location within the City of Fort W01th. Upon Lessor's request and following reasonable advance notice, Lessee will make such books and records available for review by Lessor during Lessee's n01mal business hours. Lessor, at Lessor1 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. 8.UTILITIES. Lessee, at Lessee 1s sole cost and expense, shall be responsible for the installation and use of all utility services to all po1tions 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 Vintage Flying Museum Ground Lease Agreement Fo11 Worth Meacham International Airport Page 6 of22 Mechanical, Electrical, Plumbing, Building and Fire Codes ("Codes"), as they exist or may hereafter be amended. 9.MAINTENANCE AND REP AIRS. 9.1. Maintenance and Repairs by Lessee. 9.1 9.2 9.2. Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at all times, reasonable wear and tear expected. 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 limited to, the maintenance of and repairs to sunounding pavement on the Premises. 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 all such damages at Lessee's sole cost and expense. Lessee agrees that all improvements, trade fixtures, furnishings, aircraft, 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. Lessee agrees to keep the Premises and Gate in a good, clean and sanitary condition at all times. Lessee agrees to keep the ingress/egress area free of obstructions. Lessor agrees to continue to provide unimpeded access to the airfield via the public taxiways, as identified on Exhibit "A". Compliance 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. 9.3. Inspections. 9.3.1. Lessor shall have the 1ight 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 ordinaiy business hours and shall use its best efforts to provide Lessee at least two (2) hours' notice prior to any inspection. Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 7 of22 9.3.2. 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 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. 9.3.3. During any inspection, Lessor may perfonn any obligations that Lessor is authorized or required to perform under the terms of this Lease or pursuant to its govemmental duties under federal, state or local laws, rules or regulations. 9.3.4. 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. 9.4. 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 conceming 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. 10. RIGHTS AND RESERVATIONS OF LESSOR. Lessor hereby retains the following rights and reservations: Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 8 of22 10.1. Lessor reserves the right to take any action it considers necessaiy to protect the aerial approaches of the Airport against obstruction, including, but not limited to, the right to prevent Lessee from erecting or pe1mitting to be erected any build ing 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 Airp ort 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 Ai rport developments or improvements, to include events or construction leading to a closure of taxiways and/or runways making it necessaiy for Lessee to provide clearance for movement of other aircraft. 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 Ai rport and is required as a condition for the expenditure of federal funds for the development, maintenance or repair of Ai rport infrastmcture. In the event that any such existing or future agreement directly causes a material reshiction, impairment or inte1ference with Lessee's p1imary 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 te1m 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' wtitten notice to Lessor. 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 instrnment which are inconsistent with the provisions of the lease to the Govenunent 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. Jf any lease between Lessor Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Ai rport Page 9 of22 11. 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 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 term of this Lease, or (ii) Lessee may tenninate 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 Airpmt 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 agreed to in writing by both parties. Such 1ights shall be consistent with the mies 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 autho1ity. INSURANCE. 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 Fmt Wmth, its Officers, Employees and Volunteers as an additional insured and covering all public risks related to the leasing, use, Vintage Flying Museum Ground Lease Agreement Fo11 Wo11h Meacham International Airport Page 10 of22 12. 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 constrnction, 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 Required Coverage 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 Sub lessees' 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 full force and effect. 11.3. Additional Requirements. Lessee shall maintain its insurance with unde1writers 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, 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. 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 Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 11 of22 invitees. Lessee acknowledges that the doctrine of respondeat superior shall not apply as between Lessor and Lessee, its officers, agents, employees, contractors and subcontractors. Lessee futther agrees that nothing herein shall be construed as the creation of a pattnership 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 CA USED 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 BY LAW, HEREBY INDEMNIFY, 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 DEATH, TO ANY AND ALL PERSONS, OF ANY 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. 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 WITH ANY AND 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 LESSOR'S 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 Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 12 of22 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 right to terminate this Lease as follows: 14.1. Failure by Lessee to Pay 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 outstanding balance within such time, Lessor shall have the right to terminate this Lease immediately. 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. 14.3. Abandonment or Non-Use of the 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 tem1ination of this Lease by Lessor. 14.4. Lessee's Financial Obligations to Lessor upon Termination, Breach or Default. If Lessor tem1inates this 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 te1m 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 tights under this Lease. 14.5. Rights of Lessor Upon Termination or Expiration. Upon tem1ination or expiration of this Lease, all 1ights, powers and privileges granted to Lessee hereunder shall cease and Lessee shall vacate the Premises. Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Ai rport Page 13 of22 Within twenty (20) days following the effective date of termination or expiration, Lessee shall remove from the Premises all trade fixtures, tools, machinery, equipment, mate1ials and supplies placed on the Premises by Lessee pursuant to this Lease. After such time, Lessor shall have the right to take full possession of the Premises, by force if necessary, and to remove any and all patties and property remaining on any part of the Premises. Lessee agrees that it will asse1t no claim of any kind against Lessor, its agents, servants, employees or represen tatives, which may stem from Lessor's termination of this Lease or any act incident to Lessor's assertion of its right to tc1minatc 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 A via ti on Department 201 American Concourse, Suite 330 Fort Worth, Texas 76106-2736 To LESSEE: Vintage Flying Museum, Inc. P.O. Box 820099 Fort Worth, Texas 76182 Payments are to be submitted to the following address unless otherwise notified in writing: City of Fort Worth PO Box 99005 Fort Wotth, Tx 76199-0005 16.ASSIGNMENT AND SUBLETTING. 16.1. In General. Lessee shall have the tight 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. Conditions of Approved Assignments and Subleases. If Lessor consents to any assignment or sublease, all tenns, covenants and agreements set fo1th 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 refusal of Lessor to Vintage Flying Museum Ground Lease Agreement Fo11 Worth Meacham International Airport Page 14 of22 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 prope1ty 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. However, 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.TAXES AND ASSESSMENTS. 19. 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. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Lessee covenants and agrees that it shall not engage in any unlawful 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. 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 rules and regulations adopted by the City Council pe1taining to the conduct required at airpo1ts owned and operated by the City, as such laws, ordinances, rules and regulations exist or may 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 from and correct the violation. 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 Vintage Flying Museum Ground Lease Agreement F011 Worth Meacham International Airport Page 15 of22 provision of any services on or in the constrnction 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 exp ression. 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. 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. 23. It is understood and agreed that by execution of this Lease, Lessor does not waive or surrender any of its governmental powers. 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 future 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 op erations 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 Wmth 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. Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 16 of22 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; 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 comt, 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 afler the occurrence of the Force Majeure Event, with the reasonableness of such notice to be detennined 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 w1itten 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 te1ms 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. Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page 17 of22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the uth day of December , 2025. CITY OF FORT WORTH: Vjkn¢W's ngton D711,26 16'YL'6 M) By: Valerie Washington Assistant City Manager Date: 12/11/2025 STATE OF TEXAS *911)lY11'L�]yl 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 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 m the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this uth day December .2025. AXCELA D CNMSP STATECF lamry TEX W lUry In lx81eizaaa e.m APPROVED AS TO rvxm AND LEGALITY: By: ra�a,aneil=,alo ", m'5'muc?9 Candace Pagliara Assistant City Attorney Contract Authorization: M&C: 25 1172 Date Approved: December 9 2025 1295 Certification: 2025-180495 Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Page Is of22 A//AehrWl•ispIAnge DD.1,202AN (lsn Notary Public in and for the State of Texas ATTEST: By: ao� Janette S. Goodall .YC City Secretary OFFICIAL RECORD CITYSECRETARY 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. Sa.bow�..d Barbara Goodwin Real Property Manager VINTAGE FLYING MUSEUM, INC. ATTEST: By:-aBY / Charlyn R H specs President ntsy Date` o1074I tx PATa`Cs DEE FARAM Fe Notary ID p13tl21350 My Commission Expires December 29. 2026 STATE OF TEXAS S COUNTYOF TWfro& BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Charlyn R. Hospers, 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 Vintage Flying Museum, Inc. and that s/he executed the same as the act of Vintage Flying Museum, Inc for the Purposes and consideration therein expressed and in the capacity therein stated. �� �GIVEN UNDER MY HAND AND SEAL OF OFFICE thisipa°�Iday 0:J612cr , 2025. Notary Public in and for the State of Texas Vintage Flying Museum Ground Lease Agreement Foil Worth Meacham International Airport Page 19 of22 EXHIBIT "A" ISYZNNY[YJJSG\9 Vintage Flying Museum Ground Lease Agreement Fort Worth Meacham International Airport Age 20 of22 EXHIBIT "B" FoR1Wrnm1 ,\\1;\llCI� EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS Property COO'm!>·cial Hangarlieei,ers Environrrent.JI Arcrzt ar.� P.JSsengl!' Autcmol:<le L-:1bility noCatego,y Gefler.3I lm)l,limr--ni lnc'ude Hired.\. Noo-ow,iEd lnsura-tce L'allility L3biI1ty' Liability L ability Vehk'ees; • Fixed Bas� 0W31Ct5 (FBO'sJ Yes lo.000,000 $5 O:•J.000 s 1 c,:,:-.000 s 1.0'..':),000 A rcrah Ma,.1enasce 0pa-Jtor asd Avooics or rnstruma,t Maintooance .. $1.000.000 SI O:•J.000 s 1.0:-0.000 o-ator-P;stoo A rcraf1 Mai!i1enance Oper.,ta-asd Avonics or !nstrull'.Eflt Maintsnan<>: ., $5.000,000 s1.0:0,000 s 1.00,.000 O=tcr-Turbine Ava,ic• or lnstrumeit Maintenance •; $1.000.000 s 1.0:>:>,000 Operator (Bench wm Only; A'rcr:ifl Rental or Flight Tr.,n cg ., s1.o:-:i.000' S 1.roJ.OOO,occarr,;nce Operator s 1.00J,000 ., $100,COJ.'passenger A rcrah Charter or Airci:Jtt ., S5.0::-J,000ioccs'!Te11ce Ma,,age.-nent Ope<31or $1,000.0)0 $ 1.00J,00D ., S500,0C>J!passenger A"rcr.Jft S-:l'es Operator ., S 1. 0::-J,OOOloccu.,..nce s1.o:o.aoo s t.O::-J,00D ., S 100.co:i.•passenger ., S1,000.0:>J $1,000,COO A 'rcr.Jft Storage; Operator ., S5,0:•J,000' S5,000.000' s 1.0:xl,000 Av.Y:at Senike So� Proprietor ., S1.o:>J,OD0 2 SI .OJJ,OOOl00c1urence s 2El.),000 S l00.000,)>assenger . Othe< Ccmmm:ia/ AernnJ1Jtcal Sl,O::-J.000 5300 ,0)Jioccurrence s 1,0)J.000 Act;V:ties T ernporary Speol:i ,zed A,,ation S1.0".l.l.000 5300,0:-J.'occurrence 3 I.COO.DOD Ser.foe Ooerator Non-Ccm,-norc13I Hang:r Lessee ., S300,0'.>:l.Ioccurrenoo s 1.0"...0,000 Non-Commerci:11 Flying Club .. S 1.0::0,000iooocrrenoe s l,O:>J,000 S IOJ.OOO,nassenn<>r Non-Commero� s.lf-Fuiling .. s 1.c•nooo $1,000,0JJ S300,0:0.'o:curren� s 1.0:-:>,000 ic:t .-,-◄.,...._ I J,..4 C',,,..1 ... ,-.,•Un, A� .... ._.\ Non-Commerc� Sef-FIIEling Perm1ee .. �!OJ.DOD $30D,o:>:l.'o.:currenoo s 2�1.l.000 'A�ernati11e Fu,;fs e.o. mooasl Box Hao.gar, T-Hang3r. Commu,ty ., S300,0:J.'occurreno,; s 2W,OOO Hanga- 01her 'lnsurJ11ce requi•es,1!"1S subj.ct to di1em-inaticn t,y A\;aton Oepa1mtnt and Risk Man�t. Acditiosal lnsur<11ce Reqa ,.amems -l.es1ee·• po ciesa·e to be pnnu-y to YIY c'!!"er 1131id a•:: oolle<:lible 1115.'3"::e 3V3iaH IC the City •All po cies shall Ino.ce a Wal.er of Si.lln,gata, In "3voro!the C iy (Tempora-y :!AS:> r,,.,st aso •olude Airpc" Lesseei •The Cty o! Fon W"'1h s'>:o. be n•m•d as AdditianJI lns.'9d (Temp:n-y SASO ll'U•1 aso inc .Qe Airpo" Lessee; 0Pcl1ces shal han no axduso'15 by endorw-nenl �:ti, nei!"v nullify or amend !"e requirec lines ofc�. nor�ec,ease the '71itso'udoo� 1 CO'.'EraQe per ain:raft shoo'd be equiva'entto the a-,=ge a.roraft valu;; at ooe tirr.e and c""""'!le per occurrenc,; should be eqa;VJlent to1he a� m the 'MaiomJm v;i"ued 1obl aircraf\ .lt one !me. l;ut not less 1han t!'-� a,nounl r-cteo abO\'i! 'M.ist include N�igeot lnsin:ctlon Co,oerage l II a'rcraft s10ra,r.,0perator is p:a,id l""J sul>'.ws-,,9 space for aircr,11\ storage 'Only reqiri!d for those provitfng rl9-�1 ru;tnJC1im ' D.pends on terms cf the lease 3Q=!>n1 • If ve!i de cari<€<1 landside -State minim,ms woold _...,nlv Aviation Minimum St.1ndJrds. C tycl Fort Wort� Aviation D�fflt 106,1:JJ-•2014i Vintage Flying Museum Ground Lease Agreement Fo11 Wo11h Meacham International Airport Page 21 of22 PR01>FRTI' INSURANCE COl\L\IERCIAl GENER�l LIABILIH HA:\'GARKE'EPER5 lIABILIH 11''-',,nnlt. IP'X'T.l. T I�IPIR..\IENT LIABIUI AIRCRAFI A:\'D PASSENGER lIABllITI' IAFIOllIOBILE LIABILIIT l,Tn rl\l'rr ,n., Rml'n .r:: NON-OWNED VEHICLESl WAIVER Of SUB ROG.� nn:--; Vintage Flying Museum Ground Lease Agreement DEFINITIONS: Coverage for the Buikling includes (but is r,ot llmited to) the bU1ldng arv.l struc:ures . oon,pleted .!ldditior,s to covered buldings, outdoor �l<lu-es. pem,anen:ly nstalled fixtures, n•achinery and e-qupment. The bulding material used to m.1int.,in and ser,ict! the ir,sured's premises is also insured. Bu siness Person.JI Property owned by the insured and used in the insu-ed's busine•s is oovered for drec1 loss or damage. The oo•,erage includes (bu; is not limr.ed to) fumi!ur" and fi>tures, stock. rnprovements and betterm en:s, leased prope� for which you ha�e a contractu31 oblf�ation to insu-e and several other similar business property items vmen not speci'ioaly excluded from cover.!lge. Tha policy is also designed to protec: tha insu-ed agains! loss or damage to the Personal Property of Others v.tiile in the insured's care. custody and control. Busness lnoon,e (sometimes calle-d Business Interruption) affords protection against !he less of earnings of a business during ths> trne required to rebuil:! er repa 'r ocw-ered properc'j damaged er destroyed by fire er some other insured cause cf loss. Extr., E•pense allows co•:erage for those additional e,penses o,er and .abcve nom•al operatr>g expenses pa;:! due to d.1m.1ge to oovered propeny froni a covere-d c..suse of loss. These expenses could inch.de r�ni. utilities, moving e�enses, telephone. advertising and labor. This coverage protects the insured for bodily irjury er prope� dam.;ge to the third p.!lrties, for which they :.re leg:.lly liable. The policy covers a:>e;:lents occurring on th" premises or away from the premises. Co•,'llrage is pro•/ided for injury or damages arising out of goods or products made or sold by the named insured. Coverage is afforded for the n.;med insured and en'ployees of th,e named Insured: however . several indMduals and organizations other than the n:.med insured may be covered depending upon certain circ<..mstar,oes specifed in the policy. in addition to the limits, :he policy prO.-ides supplemental payments for atmmey fees, oourt costs and other expenses associa!ed with a claim or ,he defense of a liability suit. Coverage A -Bodily Injury and Property Damage Liability Bodily lrjury means p��sical irjury, sickness or disease, 1noludina death. Property Dam.ige means phys;oa1 lnjur)' to tangible proper.oJ, including the resulting loss of use of th.it property. Coverage B -Personal Injury and Advertising lnju.ry Liability Personal Injury means false arrest, malicious prosecution, wrongful en:ry or e•liction. lbef. slander and violations of a p.erson's right of privacy. Advertising Injury means libel, slander, disp.!lragement, vicLlfons of a person's right of prNacy, misappropriatic,, .1nd oopyright infringement Coverage C -Medical Payments Medical Paymen:s means medical expenses for bodily injury c..aused by an accident Insures the har>geroperator for 191,al obligaticns to pay damages due to loss ,o an aircraft that oocurs when !he aircra!t is in the c.1re. custod y er oon•IOI oft� insured for safekeeping, storage, ser'<ice or rep.,ir. Coverage extends to lal:<liey claims invoMng an aircr.:1ft's less of use. lr.sures the pollution e!<pOsure .1ssocla:ed with the insured s property and operations. lncludin� cos:s o� clean<.p and remedial or corrective action due :o .11 third-party demand or a governmen: order. The Pollu:ic,, excluson in general liabH;y insurance effectively eliminates coverage fer damages for bodily injury, propeny damage and cleanup costs arisir,g from most l')'pes of pollution even\S. Bec..,use c' this, customize! pro:ection for •.he poluton e..posur,e cf numerous insureds in this c.atEgory is essential. Co·,erage ge3red sp-ecifto311y to the ope ra:ion oi aircra 'I and th<a risks invotved in «viation. Aviation insurance policies are distinctly different from \hose for c:h&r areas of transport:>tion and tend to incorporate a�iation tem1incbgy, .ls wel as ierminclogy , linits and clauses specific to aviation insurance. Passef'Ger liabli;y protects passengers riding in the a:,,::ident aircraft v.ho are injured er killed. In many oountries this ooverage is manda!ory orly for commercial e< urge aircr.:.ft. Coverage is often sold on a "p-er-seat• basis , wi:h a speci�ed limr. for each p.!lsser>ger seat The liability coverage of th!! Business Auto Policy pro.ides protection 3gainst legal iiabiily arising out of ,he ov,nersrip, m.linten.1nce or use of any insured au:cmobile. The insuring .1greemen: agrees to pay for bodily lnjurl' or property damage for which the insured is legally resp'.lnsibk! �cause of an automobile .accident. The policy also states thal in adddon to the payment of damages, the insurer .1lso agrees to defend the insured for all legal defense oost. The defense is in addition to the policy l!mits. /vi agreement between IWO parties in \\hioh ore party agrees to wai,•e subrogation rights againsl another in the event of a loss. � inten: is to pre•,ent one party's insurer from pursuing subroga tion against the other parc'J. Fort Worth Meacham International Airport Page 22 of22 M&CReview CITY COUNCIL AGENDA Create New From This M&C DATE: CODE: 121912025 REFERENCE NO.: C TYPE: **M&C 25- 1172 CONSENT Page 1 of2 Official site of the City of Fort Worth, Texas FORT WORTH � 55FTW NEW GRND LEASE LOG NAME: FOR SOUTH RAMP WITH VINTAGE FL YING MUSEUM PUBLIC HEARING: NO SUBJECT: (CD 2) Authorize Execution of a New Five-Year Ground Lease Agreement with Access Rights for Approximately 54,538 Square Feet of Ground Space, also Known as the South Ramp with Vintage Flying Museum, Inc. at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the execution of a new five-year ground lease agreement with access rights for approximately 54,538 square feet of ground space, also known as the South Ramp with Vintage Flying Museum, Inc. at Fort Worth Meacham International Airport. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to recommend that the City Council authorize execution of a new five-year ground lease agreement with Vintage Flying Museum, Inc. (VFM) for the South Ramp at Fort Worth Meacham International Airport. On November 20, 2020, the Aviation Advisory Board voted to recommend that the City Council approve a ground lease agreement for the southern airport ramp with VFM. VFM uses the southern ramp located on the airport side of the fence, which is adjacent to their off-airport facility (South Ramp), to access the Airport and to display and stage their planes on various occasions for museum activities. In the past, VFM has made improvements to the South Ramp due to their use. On or about January 21, 2021, VFM entered into City Secretary Contract (CSC) No. 55214, a ground lease agreement for South Ramp, which includes access rights to enter the airport from their off­ airport facility. CSC 55214 is a five-year agreement and will expire on December 31, 2025, with no options to renew. On or about October 2, 2025, VFM requested a new five-year ground lease for South Ramp. Staff are in favor of this request since it will obligate VFM to continue to maintain the South Ramp and feel this partnership is beneficial for both the Airport and VFM in preserving and promoting the history of aviation in Fort Worth and the North Texas Region. The total amount of ground space requested for South Ramp is approximately 54,538 square feet. VFM covenants and agrees that it will maintain its certification as a non-profit organization, pursuant to 26 U.S.C. 501 (c)(3). As long as the 501 (c)(3) status is maintained, the ground rate, as per the current Schedule of Rates and Charges of $0.49 per square foot, will be assessed at a discounted rate of $0.1273 per square foot. The total revenue received from this lease will be approximately $6,942.69 per year, payable in monthly installments of $578.56. 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, however, will the adjusted rate exceed that which is in the Schedule of Rates and Charges in effect at that time. The term for the new ground lease agreement with access agreement is recommended for five (5) years, with no option to renew. All terms and conditions of the lease agreement will be in accordance with City of Fort Worth and Aviation Department policies. Fort Worth Meacham International Airport is located in Council District 2. http ://apps.cfwnet.org/ council packet/me review .asp ?ID= 3403 3 &council date= 12/9/2025 12/9/2025 M&CReview Page 2 of2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and execution of the lease, 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 Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FID TABLE.xlsx (CFW Internal) Form 1295 2025.jpeg (CFW Internal) Location Map 2025.pdf (CFW Internal) Program Activity Budget Reference# Year Chartfield 2 Program Activity Budget Reference# Year Chartfield 2 Valerie Washington (6199) Roger Venables (5402) Ricardo Barcelo (5403) http ://apps.cfwnet.org/ council packet/me review .asp ?ID= 3403 3 &council date= 12/9/2025 Amount Amount 12/9/2025 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Co nplete Ncs.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1, Z 3. 6, and 6 it there are ro interested parties. CERTIFICATION OF FILING i Name of business enow filing form, and the city, state ad country of the business ersity/s place Certifficeta Number: of business. 2025-1380495 Vintage Flying Museum Inc. Fort Worth, TX United States Date Filed: 2 Name otgovarnmemn entity or sate agency that is a Party to we cantraotfor which the torm is .G/22J2025 beingfiled. City of Fort Worth Dare Acknowledged: 3 Provide the iderdgeation number used by the govemmenml early or stme agency to track or idendly the contract, and Provide description of the same", goods, or other property to be provided under the comma. CSC No. 65214 Ground Lease Nature of interest 4 Name a Interested Perry C", Sides, Coun try of business) (checkgylcabN1\1 Controlling Interviews +III I5 Check only if there is NO Interested Parry. X 6 UNSINORNDECL RATION _. _ and my di of birth is FORT WORTH® - r City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Vintage Flying Museum, INC Subject of the Agreement: Ground lease agreement between City of Fort Worth and Vintage Flying Museum, Inc for lease site South Ramp at Fort Worth Meacham International Airport. M&C Approved by the Council? * Yes 9 No ❑ Ifso, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 9 Ifso, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 9 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 9 ifonly specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date upon Execution Expiration Date: December 31, 2030 If differentfrom the approval date If applicable Is a 1295 Form required? * Yes 9 No ❑ *Ifso, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 9 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Janette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.