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HomeMy WebLinkAbout064878 - General - Contract - Gridiron Air LLCCSC No. 64878 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 GRIDIRON AIR LLC, a Delaware limited liability company, acting by and through its duly authorized Executive Vice President, Erin Eisner ("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. 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 until April 30, 2029. However, either party has the right to terminate this Parking License by providing the other party with sixty (60) 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. 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 the date ending the third aircraft's parking duration on the Apron. 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. 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, REASONABLE ATTORNEYS' FEES AND REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION TO THE EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF INJURY 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 IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, TENANT, ON NOTICE FROM LANDLORD, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT TENANT' EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO LANDLORD. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF TENANT WITH RESPECT TO THE USE AND OCCUPANCY OF THE APRON, WHETHER OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF THE LICENSE TERM AND BEFORE OR AFTER THE TERMINATION OF THIS PARKING LICENCE. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. 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 IN WHOLE OR IN PART TO THE NEGLIGENCE 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, by the acts or omissions of the Tenant, its employees, agents, of licensees the Apron, or any property thereon is damaged or destroyed, 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, 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 any 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 fixture 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 thereof. 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. 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: To Landlord: To Tenant: City of Fort Worth Gridiron Air LLC Lease Management 13901 Aviator Way, Suite 210 Property Management Department Fort Worth, TX 76177 100 Fort Worth Trail Attn: General Counsel Fort Worth, TX 76102 With a copy to: City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, TX 76102 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. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of Fort Worth, Landlord may at Landlord's sole cost and expense, at reasonable times during Tenants' normal business hours and upon reasonable notice, audit Tenant' books and records, but only as it pertains to this Parking License and as necessary to evaluate compliance with this Parking License. 17. 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. 18. Amendment. This Parking License may not be amended, modified, extended, or supplemented except by written instrument executed by both Landlord and Tenant. 19. 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. (SIGNATURES APPEAR ON FOLLOWING PAGE) In witness whereof, the parties hereto have caused this Lease to be effective on March 1 6th (the "Effective Date"). LANDLORD: CITY OF FORT WORTH llu& YLA- `a� Valerie Washington (Mar 16, 2026 11:45:27 CDT) Valerie Washington Assistant City Manager Approved by Marilyn Marvin, Director Property Management Department TENANT: GRIDIRION AIR LLC Erin E i s np riWpfs r I) Executive Vice President Date:03/1 3/2026 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. Ar-c� Steve Chilton (Mar 16, 2026 07:40:00 CDT) Steve Chilton, Lease Manager Property Management Department APPROVED AS TO FORM AND LEGALITY: Candace PgRliara Candace Pagliara (Mar 16, 2026 09. :36 CDT) Candace Pagliara Senior Assistant City Attorney .004vop 4 4� ��.°°' FORr��a°o v°fie goo Pva o=d ATTEST: °oQ oa aaIIn nEXoga4p Jannette S. Goodall City Secretary Form 1295: 2025-1377552 Contract Authorized by M&C: 26-0195 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit "A" M&C Review City CounCil AgendA FURTWORTII Create New From This M&C DATE: 3/10/2026REFERENCE **M&C 26- LOG NAME: 21GRIDIRON AIRCRAFT NO.: 0195 PARKING LICENSE CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 10) Authorize Execution of an Aircraft Parking License with Gridiron Air 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 Gridiron Air 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: Gridiron Air LLC (Gridiron) provides wide -body air transportation to its customers and leases space within the Controlled Materials Storage Building #3 at the Alliance Fort Worth Maintenance Facility (AMF) for the storage of aircraft parts and equipment. Gridiron has requested the use of two (2) aircraft parking spaces on the apron area of the AMF. As a result of negotiations between the City of Fort Worth's Property Management Department, Hillwood Properties (AMF Property Manager) and Gridiron, the parties have agreed to a parking license under the following terms: Term to expire April 30, 2029; Either party may terminate the agreement with 60 days' prior written notice; Aircraft parking fee is a gross monthly rate as follows: Rent Rate 11 Monthly Rent $2,250.00 per aircraft, per month $4,500.00 Gridiron may seek approval from AMF Property Manager for intermittent and temporary parking of a third 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 aircraft parking license, 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34238&councildate=3/10/2026[3/11/2026 12:00:13 PM] M&C Review Fund Department ID Account Project Program Activity Budget Reference # Amount ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Valerie Washington (6199) Marilyn Marvin (7708) Marilyn Schoening (7581) ATTACHMENTS Gridiron Air Form 1295 Certificate.pdf (CFW Internal) Gridiron Aircraft Parking License FID TABLE.xlsx (CFW Internal) M&C Map Gridiron Aircraft Parking License.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34238&councildate=3/10/2026[3/11/2026 12:00:13 PM] FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: GRIDIRON AIR 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 "Permanent"? *Yes ❑ No ❑✓ 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 If different from the approval date. Expiration Date: April 30, 2029 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. Project 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 processing in the followingorder: rder: 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.