HomeMy WebLinkAbout064808 - General - Contract - Omni Air International, LLCCSC No. 64808
AIRCRAFT PARKING LICENSE
This Aircraft Parking License ("Parking License") is made by and between the CITY OF FORT
WORTH, a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant
City Manager, Valerie Washington ("Landlord"), and OMNI AIR INTERNATIONAL, LLC, a Nevada
limited liability company, acting by and through its duly authorized Vice President of Finance, Shonda
Fisher ("Tenant").
WHEREAS, Landlord owns a certain piece of property known as the Alliance Maintenance
Facility located at 2000 Eagle Parkway, Fort Worth, Texas, 76177 ("Property") and which Property
includes an area used for aircraft parking (the "Apron") and which Property and Apron are managed on
behalf of Landlord by Hillwood Properties ("Property Manager"); and
WHEREAS, Tenant has requested, and Landlord has agreed to grant Tenant, two (2) aircraft
parking space on the Apron in accordance with the terms and conditions of this Parking License.
WITNESSETH:
1. Premises. Landlord hereby grants Tenant the use of two (2) aircraft parking spaces on the
Apron located on the Property as shown on Exhibit "A." Under no circumstances will Tenant use or
cause to be used on the Apron or Property any hazardous or toxic substances or materials, or store or
dispose of any such substances or materials on the Apron or Property; provided that the presence of fuel,
engine oil and hydraulic fluids used for or stored in equipment will not be deemed a violation of this
Section.
2. Condition of Premises. Tenant parking an aircraft on the Apron shall be conclusive
evidence that (a) the Apron is suitable for the purposes and uses for which same are licensed; and (b)
Tenant waives any and all defects in and to the Apron and Property, its appurtenances, and in all the
appurtenances thereto. Further, Tenant parks its aircraft on the Apron without warranty, expressed or
implied, on the part of Landlord. Landlord shall not be liable to Tenant, Tenant' agents, employees,
invitees, licensees, or guests for any damage to any person or property due to the Apron or any part of or
any appurtenance thereof being improperly constructed or being or becoming in disrepair except to the
extent such damage is caused by (i) the negligence or willful misconduct of Landlord or its agents,
employees, or contractors, or (ii) Landlord's failure to disclose latent or dangerous conditions of which
Landlord had actual knowledge and Tenant did not. Further, Tenant's parking of an aircraft shall not
interfere with the operations of other tenants and/or other operations on the Apron or the Property. If
interference occurs, Tenant will adjust its aircraft parking and/or remove its aircraft from the Apron
within twenty-four (24) hours of receiving notice from Landlord or Property Manager.
3. Term. This Parking License shall commence on the Effective Date and continue on a
month-to-month basis until either party terminates it by providing the other party with thirty (30) days'
written notice prior to the effective date of termination.
4. Parking Fee; Time of essence. During the term of this Parking License, Tenant will pay
to Landlord Four Thousand Five Hundred Dollars ($4,500.00) per month for the use of two (2) aircraft
parking spaces on the Apron ("Parking Fee"). The Parking Fee is due on or before the first day of
each month and such Parking Fee shall be paid via direct deposit into Landlord's bank account.
Aircraft Parking License — Omni Air International, LLC
OFFICIAL RECORD Page 1 of7
CITY SECRETARY
FT. WORTH, TX
4.1. Tenant may, from time to time, submit a written request to Property Manager for
the approval to park a third aircraft on the Apron. Such written request must be provided to Property
Manager within twenty-four (24) hours of the expected third aircraft's use of space on the Apron and
must include the starting date and time and the ending date and time of the third aircraft's parking on
the Apron. Any approval of the use of additional use of space on the Apron will be granted in the sole
of Property Manager. If Property Manager approves Tenant's request for space on the Apron for a
third aircraft, then Tenant shall pay to Landlord an additional amount of One Hundred Fifty Dollars
($150.00) per day that a third aircraft is parked on the Apron ("Additional Parking Fee"). Additional
Parking Fees shall be paid to Landlord within thirty (30) days from Tenant's receipt of invoice from
Landlord.
4.2. If any Parking Fee or Additional Parking Fee is not received by Landlord as
provided herein, then five (5) days thereafter all amounts due and payable to Landlord hereunder shall
bear interest from the date originally due until paid, at a per annum rate of interest equal to the lesser
of (a) eighteen percent (18%) or (b) the highest non-usurious rate permitted by applicable law. Time
is specifically of the essence of this provision and of every provision of this Parking License.
5. No Services. Landlord shall not furnish Tenant with any utilities, cleaning, lighting,
security, or any other items or services for the Apron.
6. Alterations, Additions, or Improvements. Tenant shall make no alterations on or
additions to any portion of the Apron, including but not limited to installation of fencing, lighting, or
temporary gates on or around it. At the termination of this Parking License, whether by lapse of time
or otherwise, Tenant shall leave the Apron in as good a condition as it was as of the date of the
commencement of parking thereon by Tenant and Tenant shall make any repairs to the Apron as needed
in order to comply with the provisions of Section 12 below.
7. Indemnity.
(a) TENANT SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND
AND HOLD HARMLESS LANDLORD, LANDLORD'S OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND
ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS AND EXPENSES, (INCLUDING REASONABLE COURT COSTS AND
REASONABLE ATTORNEYS' FEES), OF ANY NATURE, K1ND OR DESCRIPTION TO THE
EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF 1NJURY TO OR DEATH OF ANY
PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR
OCCUPANCY OF THE APRON BY TENANT, ITS EMPLOYEES, AGENTS AND LESSEES OR
(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED BY ANY ACT OR OMISSION ON THE
PART OF TENANT OR ANY LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR
CONTRACTOR OF TENANT OR (3) BY ANY BREACH, VIOLATION OR
NONPERFORMANCE OF ANY COVENANT OF TENANT UNDER THIS PARKING LICENCE
(COLLECTIVELY, "LIABILITIES"), EXCEPT TO THE EXTENT ARISING OUT OF OR
RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE.
IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY
INDEMNITEE 1N CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, TENANT, ON
NOTICE FROM LANDLORD, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT
TENANT' S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
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Aircraft Parking License — Omni Air International, LLC
LANDLORD. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES
OF TENANT WITH RESPECT TO THE USE AND OCCUPANCY OF THE APRON, OCCURRING
DURING THE TERM OF THIS PARKING LICENCE. THIS 1NDEMNIFICATION SHALL NOT
BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER
INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS
OR OTHER EMPLOYEES' BENEFIT ACTS.
(b)
8. Waiver of Liability. ALL AIRCRAFTS AND ALL PERSONAL PROPERTY WITHIN
AIRCRAFTS ON THE APRON, WHETHER PURSUANT TO THIS PARKING LICENCE OR
OTHERWISE SHALL BE AT THE RISK OF TENANT ONLY AND NO INDEMNITEES SHALL
BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF TENANT, ITS
EMPLOYEES, AGENTS, PATRONS, INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER
SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF LANDLORD OR SUCH LOSS OR
DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF
WHATSOEVER NATURE, UNLESS DUE 1N WHOLE OR 1N PART TO THE NEGLIGENCE OR
WILLFUL MISCONDUCT OF ANY INDEMNITEE.
9. Insurance. Tenant shall procure and maintain at all times, in full force and effect, a policy
or policies of insurance as specified herein, which liability policy shall name 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 Apron. Tenant shall obtain the following insurance coverage at the limits
specified herein:
Commercial General Liability: $1,000,000.00 per occurrence (Including Products and
Completed Operations);
In addition, Tenant shall be responsible for all insurance to any personal property of Tenant
or in Tenant's care, custody or control. Tenant is allowed to self-insure without the prior written consent
of Landlord. Any self-insured retention or other financial responsibility for claims shall be covered directly
by Tenant in lieu of insurance.
10. Assignment and Subletting. Tenant shall not assign this Parking License, or any right of
Tenant under this Parking License, or sublet its space on the Apron, for consideration or no
consideration, whether voluntarily, by operation of law, or otherwise, and any attempt to do so shall be
void, and any such attempt shall cause immediate termination of this Parking License.
11. Damage to Premises or Property of Landlord. If, at any time during the term of this
Parking License, any property thereon is damaged or destroyed by the acts or omissions of the Tenant,
its employees or agents, Tenant shall be obligated to pay, on demand, all costs to repair such damage
or replace such destroyed property.
12. Repairs and
Maintenance. Landlord has no obligation to make repairs of any sort to the Apron. Landlord's sole
obligation hereunder is to make two (2) aircraft parking spaces available to Tenant in accordance with
and subject to the covenants, restrictions and limitations set forth herein. Tenant shall, at its expense,
Page 3 of 7
Aircraft Parking License — Omni Air International, LLC
use and maintain the Apron in a clean, careful, safe, and proper manner including but not limited to the
removal of any fuel or other liquids and to comply with all applicable laws, ordinances, orders, rules,
and regulations of all governmental bodies (state, county, federal, and municipal). At no time may
there be any maintenance of any aircraft on the Apron other than what is generally considered within
the aviation industry to be light, regular line maintenance that includes the following: routine aircraft
inspections; pre-flight and post-flight checks of fluid levels, wheels, and brakes; regular checks related
to fluid changes, system tests, and emergency equipment tests; fueling; and minor aircraft
modifications that do not render the aircraft incapable of being moved within two (2) hours of a notice
to relocate the aircraft from its then-current location. If a fuel or liquid spill of any nature takes place
arising from the actions of Tenant, Tenant must notify the Property Manager immediately and is
responsible for all required clean up and repairs to the extent arising from such spill.
13. Severability. If any clause or provision of this Parking License is or becomes illegal,
invalid or unenforceable because of present or future laws or any rule or regulation of any governmental
body or entity, effective during the License Term, the intention of the parties hereto is that the
remaining parts of this Parking License shall not be affected thereby unless such invalidity is, in the
sole determination of the Landlord, essential to the rights of both parties, in which event Landlord has
the right, but not the obligation, to terminate the Parking License on written notice to Tenant.
14. Default and Termination.
14.1. Tenant's Default. If Tenant shall fail to perform or observe any of its obligations
hereunder then Landlord may terminate this Parking License by giving Tenant twenty (20) days prior
written notice thereo£ If Tenant fails to cure such default within fifteen (15) days of receipt of
Landlord's default notice then this Parking License and all interest of Tenant hereunder shall
automatically terminate, but if Tenant does so cure such default within said 15 days, Landlord's
termination notice will be deemed withdrawn. Such rights of Landlord in the case of a default by
Tenant hereunder are not exclusive but are cumulative of all other rights Landlord may have hereunder,
at law or in equity; and any one or more of such rights may be exercised separately or concurrently to
the extent provided by law.
14.2. Landlord's Default. Should Landlord commit a default under this Parking
License, Tenant may terminate this Parking License by giving Landlord twenty (20) days prior written
notice thereof. If Landlord fails to cure such default within fifteen (15) days of receipt notice, then
Tenant may terminate this Parking License. Such rights of Tenant in the case of a default by Landlord
hereunder are not exclusive but are cumulative of all other rights Tenant may have hereunder, at law
or in equity; and any one or more of such rights may be exercised separately or concurrently to the
extent provided by law.
14.3. Termination by Convenience. Either party may tertninate this Parking License
with thirty (30) days prior written notice to the other party.
15. Notice. Any notice hereunder must be in writing. Notice deposited or sent by nationally
recognized overnight courier service, such as, but not limited to, Federal Express, by certified mail
with return receipt requested, or by express mail properly addressed, postage paid, shall be effective-
upon deposit. Notice given in any other manner herein shall be effective upon receipt at the address of
the addressee. For purposes of notice, the addresses of the parties shall, unless changed as hereinafter
provided, be as follows:
Page 4 of 7
Aircraft Parking License — Omni Air International, LLC
To Landlord:
City of Fort Worth
Lease Management
Property Management Department
100 Fort Worth Trail
Fort Worth, TX 76102
With a copy to:
City Attorney
City of Fort Worth
100 Fort Worth Trail
Fort Worth, TX 76102
To Tenant:
Omni Air International, LLC
Attn: Lease Management
3303 N. Sheridan Rd
Tulsa, OK 74ll 5
legalnotices@oai. aero
With a copy to:
Omni Air International, LLC
Attn: Legal Department
145 Hunter Rd
Wilmington, OH 45177
legal@atsginc.com
The parties hereto shall have the continuing right to change their respective address by giving at least
ten (10) days' written notice to the other party.
16. Entire Agreement. This Parking License constitutes the entire agreement between
Landlord and Tenant relating to the use of the Apron and no prior written or oral covenants or
representations relating thereto not set forth herein shall be binding on either party hereto.
17. Amendment. This Parking License may not be amended, modified, extended, or
supplemented except by written instrument executed by both Landlord and Tenant.
18. Counterparts. This Parking License may be executed in several counterparts, each of
which shall be deemed original, but all of which shall constitute but one and the same document.
Page 5 of 7
Aircraft Parking License — Omni Air International, LLC
In witness whereof, the parties hei•cto ha�e caused this Lease to be effective on
(tf�e "�ffecEive DaYe").
LANDLORD:
CITY OF �ORT WORTH
������w��,� ,� ZOZ� os ,� , n �ST,
Valerie Washington
Assiscant City Manager
Approved k�y
,., � .
Marilyn Marvin, Dircctor
Prope�ty Management Department
TENANT:
��Presi nt of Finance
Date: � �
CONTRACT COMPLIANCE MANAGER
By signing, T acfcnnwledge that I am thc person responsible for
the inonitoring and administration of this contract, including
ensuring all p�rfor►�ance and reporting require�nents.
/
d-��_
�
Stuart Young, Assistant Director
Property Manage�nent Department
APPROVED AS TO FORM AND LEGALITY:
Ca�rclace �aqGra�a
GandacePagl�iara(Mar2 02608�.4040CST)
Candace Pagliara
Senior Assistant City Attorney
�q�
poFFORT ��a
�°° °� �t a
�>o odo
o�'o �o9�ld
ATTEST: �ap o e,�°
� h .,�� a°°° oeXo•544
I �ti�
Jannette S. Goodall
City Secreta�y
T'arm 1295: 2025-137'7551
Contract Autharized by M&C: 26-0077
March 2nd , 2026
L, LLC
C�7��[�I,1�:�xd�7:���
��] �i'�'i �y:� � f_I:�'1
FT. WORTH, TX
Page 6 of 7
Aircraft Parking License — O�nni Air International, LLC
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Aircraft Parking License — Omni Air International, LLC
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Page 7 of 7
CITY COUNCIL AGENDA
Create New From This M&C
DATE:
CODE:
1/27/2026 REFERENCE
NO..
C TYPE:
**M&C 26-
0077
CONSENT
LOG NAME:
PUBLIC
HEARING:
210MN1 AIRCRAFT
PARKING LICENSE
NO
SUBJECT: (CD 10) Authorize Execution of an Aircraft Parking License with Omni Air International,
LLC for the Use of Two Aircraft Spaces Located at 2008 Eagle Parkway, Fort Worth,
Texas, 76177 within the Apron Area at the Alliance Fort Worth Maintenance Facility
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an aircraft parking license with
Omni Air International, LLC for the use of two aircraft spaces located at 2008 Eagle Parkway, Fort
Worth, Texas, 76177 within the apron area at the Alliance Fort Worth Maintenance Facility.
DISCUSSION:
F�1RT�'�'URTH
-��
Omni Air International, LLC (Omni) operates airline charter services for its customers and
leases office and warehouse space, as well as six aircraft parking spaces, at the Alliance Fort Worth
Maintenance Facility (AMF). Omni has requested the use of two (2) additional aircraft parking spaces
on the apron area of the AMF.
As a result of negotiations between the City's Property Management Department, Hillwood Properties
(AMF property manager) and Omni, the parties have agreed to a month-to-month parking
license under the following terms:
Aircraft parking license will continue on a month-to-month basis until either party terminates by
providing the other party with 30 days' written notice;
Aircraft parking fee is a gross monthly rate as follows:
Rent Rate Monthly Rent
$2,250.00 per aircraft, per month $4,500.00
Omni may seek approval from AMF Property Manager for intermittent and temporary parking of an
additional aircraft and, if granted approval, will pay an additional aircraft parking fee of $150.00
per day; and
No services or utilities are granted under the aircraft parking license.
The aircraft parking rate is consistent with the rates charged by airport properties owned by the City
of Fort Worth.
This property is located in Council District 10.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that, upon approval of the above recommendation and execution of
the lease agreement, funds will be deposited into the Alliance Maintenance Facility Fund. The
Property Management Department (and Financial Management Services) is responsible for the
collection and deposit of funds due to the City.
TO
Fund Department Account Project Program � Activity � Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year � (Chartfield 2)
Valerie Washington (6199)
Marilyn Marvin (7708)
Marilyn Schoening (7581)
1295 10-2025.pdf (CFW Internal)
M&C Map Omni Aircraft Parkina License.pdf (Public)
Omni Aircraft Parkina License FID TABLE.xlsx (CFW Internal)
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Omni Air International, LLC
Subject of the Agreement: AIRCRAFT PARKING LICENSE
M&C Approved by the Council? * Yes ❑✓ No ❑
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ❑✓
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: upon ACM signature Expiration Date:
If different from the approval date. If applicable.
Is a 1295 Form required? * Yes ❑✓ No ❑
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. n/a
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette 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.
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