HomeMy WebLinkAbout065444 - General - Contract - John Stewart PearcyCSC No. 65444
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
T-HANGAR LEASE AGREEMENT
(MONTH -TO -MONTH)
This T-HANGAR LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation situated in
Tarrant County, Texas, acting by and through Roger Venables, its duly authorized Aviation
Systems Director, and John Stewart Pearey ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, Lessor
and Lessee agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant
County, Texas:
1.1. Leased Premises
T-Hangar 24S, BAY 3, as shown in Exhibit "A", attached hereto and hereby made a
part of this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month -to -month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (lst) day of each month
unless terminated by either party. To terminate this Agreement, a party must provide the
other party with written notice of its intent to terminate not less than thirty (30) days prior
to the effective date of such termination.
OFFICIAL RECORD
3. RENT.
CITY SECRETARY
3.1. Rent During Initial Term. FT. WORTH, TX
Lessee hereby promises and agrees to pay Lessor as monthly rent for the Premises
the sum of Four Hundred Seventy -Five Dollars and 00/100 ($475.00). The rental rates
under this Lease are based on Lessor's Schedule of Rates and Charges in effect as of the
Effective Date of this Lease. On the Effective Date of this Lease, Lessee shall pay the first
and last months' rent in advance. If this Lease commences on a day other than the first (1st)
day of any given month, the first month's rental payment shall be prorated in accordance
with the number of days remaining in that month
3.2 Rent During Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 1 of 16
3.3. Payment Dates and Late Fees.
Monthly rental payments are due on or before the first (1st) day of each month.
Payments must be received during normal working hours by the due date at the location for
Lessor set forth in Section 15. Rent shall be considered past due if Lessor has not received
full payment after the (loth) 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 (10%) per month on the entire balance of any overdue rent that Lessee
may accrue.
4. MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at
all times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent disposal
away from the Airport of all of Lessee's trash, garbage and refuse. Lessee covenants and agrees that
it will not make or suffer any waste of the Premises. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner that is unsafe or unsightly. Lessee shall be responsible for
all damages caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure
all such damages at Lessee's sole cost and expense.
5. CONSTRUCTION AND IMPROVEMENTS.
Lessee shall not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and receives in
writing approval from the Airport Systems Director or authorized representative. All such approved
construction work on and improvements to the Premises shall fully comply with the Americans with
Disabilities Act of 1990, as amended.
6. INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Inspections.
Lessor, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which Lessor
is authorized or required to do under the terms of this Lease or to perform its governmental
duties under federal, state or local rules, regulations and laws (including, but not limited to,
inspections under applicable Health, Mechanical, Building, Electrical, Plumbing and Fire
Codes or other health, safety and general welfare regulations). Lessor shall provide Lessee
with a combination lock. Lessor shall provide Lessee with advance notice of inspection
when reasonable under the circumstances.
Lessee will permit the Fire Marshall of the City of Fort Worth or his agents to make
inspection of the Premises at any time, and Lessee will comply with all recommendations
made to Lessee by the Fire Marshal or his agents to bring the Premises into compliance with
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 2 of 16
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 a proper
condition accessible fire extinguishers of a number and type approved by fire underwriters
for the particular hazard involved.
6.2. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable
federal, state or 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 concerning 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 government
environmental regulations or standards that is caused by Lessee, its officers, agents,
servants, employees, contractors, subcontractors or invitees.
6.3. Acceptance
In addition to Section 6.2, Lessee represents to Lessor that Lessee has inspected the
Premises and is fully advised of its own rights without reliance upon any representation
made by Lessor concerning the condition of the Premises. Lessee accepts the Premises in
their present condition as satisfactory for all purposes set forth in this Lease.
7. PARKING.
All motor vehicles at the Airport must be parked in areas designated as motor vehicle
parking areas.
8. USE OF PREMISES.
Lessee shall use the Premises exclusively for the storage of a Beech B58 Baron N3739B
Lessee's use of the Premises for any other purpose shall constitute a material breach of this
Lease.
9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
9.1. All fixtures and items permanently attached to any structure on the Premises belong
to Lessor, and any additions or alterations made thereon shall immediately become the
property of Lessor.
9.2. Lessor reserves the right to close temporarily the Airport or any of its facilities for
maintenance, improvements, safety or security of either the Airport or the public or for any
other cause deemed necessary by Lessor. In this event, Lessor shall in no way be liable for
any damages asserted by Lessee, including, but not limited to, damages from an alleged
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
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disruption of Lessee's business operations.
9.3. 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 Airport and is required as a condition for the expenditure of federal
funds for the development, maintenance or repair of Airport infrastructure.
9.4. 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 instrument which are inconsistent with the provisions of the lease to
the Government 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.
9.5 Lessee's rights hereunder shall be subject to all existing and future utility easements
and rights -of -way granted by Lessor for the installation, maintenance, inspection, repair or
removal of facilities owned by operated by electric, gas, water, sewer, communication or
other utility companies. Lessee's rights shall additionally be subject to all rights granted by
all ordinances or statutes which allow such utility companies to use publicly owned property
for the provision of utility services.
9.6. 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
Airport Act; and Lessee agrees that this Lease and Lessee's rights and privileges hereunder
shall be subordinate to the Sponsor's Assurances.
10. 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 Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or
location of the Premises. Lessee shall obtain the required insurance specified to be
maintained by a commercial tenant in accordance with Exhibit "B", the "City of Fort
Worth Aviation Insurance Requirements" attached hereto and made part of this Lease for all
purposes.
In addition, Lessee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Premises and for personal property of its own or in its
care, custody or control.
10.1. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased
limits on existing coverage, are subject to change at Lessor's option and as necessary
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 4 of 16
to cover Lessee's and any Sublessees' operations at the Airport. Lessee will
accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
10.2 Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit `B", which is attached
hereto and incorporated herein for all purposes.
10.3 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. 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 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 further agrees that
nothing herein shall be construed as the creation of a partnership or joint enterprise between Lessor
and Lessee.
12. 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 THE
USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE,
USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTYDAMAGE 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
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 5 of 16
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,
INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO
THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
13. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively any
such immunity or exemption as against Lessor.
14. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
14.1. By Either Party.
Lessor or Lessee may terminate this Lease for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thirty (30) days prior to the effective date of such termination.
14.2. Failure to Pay Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 6 of 16
calendar days following notice to pay the outstanding balance. If Lessee fails to pay the full
amount within such time, Lessor shall have the right to terminate this Lease immediately.
14.3. Breach or Default by Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
14.4. Rights of Lessor Upon Termination or Expiration.
Upon the termination or expiration of this Lease, all rights, powers and privileges
granted to Lessee hereunder shall cease and Lessee shall immediately vacate the Premises.
Lessee agrees that it will return the Premises and all appurtenances and improvements
thereon in good order and repair and in the same condition as existed at the time this Lease
was entered into, subject to ordinary wear and tear. Lessor shall have the immediate right to
take full possession of the Premises, by force if necessary, and to remove any and all parties
remaining on any part of the Premises without further legal process and without being liable
for trespass or any other claim. Lessor shall also have the right to remove any and all
fixtures or equipment that may be found within or upon the Premises without being liable
therefor. Lessee agrees that it will assert no claim of any kind against Lessor, its agents,
servants, employees or representatives, which may stem from Lessor's termination of the
Lease or any act incident to Lessor's assertion of its right to terminate.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
City of Fort Worth
Aviation Department
201 American Concourse, Suite 330
Fort Worth, Texas 76106
To LESSEE:
John Stewart Pearcy
100 Clipper Ct.
Cresson, TX 76035
817-343-8169 / ClipperAirLLC@gmail.com
Payments are to be sent to the address below unless otherwise directed on monthly invoices.
City of Fort Worth
PO Box 99005
Fort Worth, TX 76199-0005
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 7 of 16
16. ASSIGNMENT.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties or
interests granted by this Lease without the advance written consent of Lessor. Any attempted
assignment without prior written consent by Lessor shall be null and void. If Lessor consents to any
assignment, all terms, covenants and agreements set forth in this Lease shall apply to the assignee,
and said assignee shall be bound by the terms and conditions of this Lease the same as if it had
originally been a party to it.
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 property 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 immediately. 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.
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.
19. 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 City of Fort Worth and the City of Fort Worth Police, Fire and Health Departments;
all rules and regulations established by the Airport Systems Director and authorized designee; and
all rules and regulations adopted by the City Council pertaining to the conduct required at airports
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 shall immediately desist from and correct the violation.
19.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 8 of 16
Lessee hereby agrees to comply at all times with the City's Minimum Standards, as
may be adopted by the City Council from time to time. Lessee shall be bound by any
charges adopted in the City's Schedule of Rates and Charges, as may be adopted by the City
Council from time to time.
20. NON-DISCRLM[ NATION 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 age, 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 provision of any services on or in the construction of any improvements or alterations to the
Premises on grounds of age, race, color, national origin, religion, disability, sex, sexual
orientation, transgender, gender identity or gender expression.
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 this regulation 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. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, City of Fort Worth does not
waive or surrender any of its governmental powers.
22. 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.
23. VENUE AND JURISDICTION.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Lease or by Lessee's operations 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 Worth Division. This Lease shall be construed in accordance with the laws of the State
of Texas.
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 9 of 16
24. 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.
25. 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.
26. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of 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 omission, fires,
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
27. ENTIRETY OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference, contains
the entire understanding and agreement between Lessor and Lessee, its assigns and successors in
interest. Any prior or contemporaneous oral or written agreement is hereby declared null and void.
This Lease shall not be amended unless agreed to in writing by both Lessor and Lessee.
28. RIGHT TO AUDIT.
Upon Lessor's request and following reasonable advance notice, Lessee will make such
books and records pertaining to this Lease available for review by Lessor during Lessee's normal
business hours. Lessor, at Lessor's sole cost and expense, shall have the right to audit such books
and records in order to ensure compliance with the terms of this Lease and the Sponsor's
Assurances made by Lessor to the Federal Aviation Administration.
29. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or
any amendment hereto.
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 10 of 16
30. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Lease, Lessee
certifies that Lessee's signature provides written verification to the City that Lessee: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the Lease.
(Signature page to follow)
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 11 of 16
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples
on this the 26th day of June , 2026.
CITY OF FORT WORTH:
By:
Roger Venables
Aviation Systems Director
Date:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Roger Venables, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of
June , 2026.
oParr�e ANGELA D. CHRISP
a p Notary Public
• a!7 * STATE OF TEXAS
S, GVV y Notary I.D. 134812443
9jFOF , MU Comm. Exp. Mar. 18, 2028
APPROVED AS TO FORM
AND LEGALITY:
RIN
Caaace- Paq Ceara.
Candace Pagliara (Jun 25, 026 15�1 :14:12 CDT)
Candace Pagliara
Assistant City Attorney
M&C: None Required
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 12 of 16
Notary Public in and for the State of Texas
ATTEST:
U00
.a F FORTn�ad
ooYo9�d
d ~s o
°ova o=v
oaaIlnooXos�ga
Jannette S. Goodall
CC
City Secretary A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
UC�7Gi2.CL �9eeuus:L
Barbara Goodwin
Real Property Manager
LESSEE:
JOHN STEWART PEARCY
Date: 5`34.202G
STATE OF TEXAS
COUNTY OF Mk 1&Z V- §
ATTEST:
By:
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared John Stewart Pearcy 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 John Stewart
Pearcy and that s/he executed the same as the act of John Stewart Pearcy for the purposes and
consideration therein expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2026.
.� Courtney Sue McManus
My COmmis6ion Expires
► 6110/2028
Notary 10134940396
T-Hangar Lease Agreement
Between City of Port Wotth and John Stewart Pearcy
Page 13 of 16
Notary Public in and for the State of Texas
EXHIBIT A
Meacham Airport T-Hangars
Exhibit
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 14 of 16
FORTWORTH
EXHIBIT B
EXHIBIT B-NI1NffdU N INSURANCE REQUIREMENTS
Proprcy
Comnxrc:rs
Hangerkaepais
Envfronmarl�
Aircraft and Passerger
Aubemoble Liahatity, (To
Category
Insurance
General
Liability
Lability
Indude'Hingd & Nonce
&
Liability
Liit
'Vehicleas)
Fixed Base Operators (FBO's)
YE==
55,000,000
55.000,D00
$1.000.OD0
S 1,OO .ODG
Aircraft fvlaurtaimce Operator and
Avionics er lnrTumen.t Maintenance
$T.Oi O,005
$100,000
$ 1,C0DD,OD0
Operator -Piston
Ajrczi3h Mainienance Operator and
Avionics or Instrument Maintenance
5.00O.000
$1,OOO.OD0
$ 1,0OD.000
O ralor-Turbine
Avionics or Instrument Mlaurrianance
t1,C
$ 1.WD.000
Operator (Bench work t7W)
,OC4
Aircraft Rental or Flight Training
51,000,000 -
$1.ODO.000'hxx=rence
$ 1,000,01H]
Operator$100.D00!'passenger
Aircraft Charter or Aircrdt
S1,ODD.O00
$5,000,ON.bCcurrence
5 7.00D.00D
_
S500,0Mpeesenger
Man
Management atcr
a9
Aircraft Sales Operafm
51.000.000
$1,ODD,000kc=erence
S 1,0M,000
$100,Or00r'passenger
$1,000,OD0
$1,000,000
Aircraft Storage Operatcu
s6,000,D60 F
$S,ODD,OOD
S 1,000,000
AviebmServiceSole PropmAor
$1:D00'Boo -
$1.0D0,00Wcccurrence
$1 OO,OO9u'passenger
$ 250,O130
Other Commercial AuercnadwA
Actirlias
51,000.000
$3DD,ODOIoccurrenee
5 1,DOD,O150
Temporary SpBr4atmed Awaion
51.000.000
$3DD,0DO?ocr-urrenm
3 1,0O0.O130
Service Operator
NmW-zwnmerciEd Harga Lessee
$300.0DWoccunrenoe
5 1,DDD.ODD
NorrCommerciail Flying Club
$1,000,0OO u rence
S 1.ODD.ODO
5100,00Dr
Norr Commerc l Setf-Fuell
'Jet
'
$ 00000Y
1,,
31,0OO,ODO
$3DD,DDDioccurrarce
$ 1,O OD,OtID
Perrtdtee FuelandbrA
Norr-Cornmerciei Self-Fuelurg
Pemutee
s
55M,000
$300,DDOtroccun-anGe
$ 2-%,OD0
A ternatiae Fuels e_ _ moosal
Box Hangm, T-11-langar, Community
s
$300,OONoccurrance
$ 250,OD0
Hangar
Other
"Insurance requirements subject to debemniruaion by Aviation Department and Risk Management.
Additional Insurance Requirernomis
-Lessee's policies are to to primary Io.any other vald and collectible insurance available to the City
-Ali policies shall include a 4Waivw of Subrogation rn favor of the City (Temporary SASO must also incline Auport Lesseaj
-The Cityof Fort Worth shelf be named as Additional Insured (Ternporery SABO must also include Airport Lessee)
-Policies shell Dave no axclurimns by errdorserrient, which . neither nullify oramand the required lines of coverage, nor decrease the limits of said coverage
E Coverage per aircraft should be eWK4ent to the average aucraft value at one time and coverage par occurrence should be equivalent to the average of the
maxiMUM Value of f3ta arcrat a one tone, but not tees than ttte amount noted above
Must include Negdgarrt Lnsiriection Caverege.
If aircie t storage operasr is pruvedag sibleasfrg space for aircraft stzage
' Only reecilArad for thine providing fight instructim
Deparids an terrors of the lease agrees vmt
e. if vehicle parked landside- State mirumums would applv
Aviation MlntmurmStandards, City of Fart WorthAvieticnDepartmerit(06l0 M14)
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 15 of 16
DEFINITIONS:
Coverage for the Building includes (but M not limited tin) the building and sAictures, completed additon s to covered
buildings, outdoor fixtures. permanently nnstaued fxturo% machinery and equipment. The bolding material used to
mai*ruir and safylre the .Instued's premises Is also trrstured. Business Porwrnal Property owned by the insured and
used in the Irhsured's business is covered for direct loss or damage. The coverage includes (but is not Wmdted to)
furniture and flrfturot, stock, Yinprovements and betterments, leased property for which you have a cantractuall
obligation to Insure and several other siniliar business property items when no4 specifically excluded from coverage_
The_• policy is also desdgned to protect the ensured against loss w damage to the Personal Property of CMhers whrlle
in the In sured's care, custody and control.
PROPERTY INSURANCE
Business Income (sometmes called Business Interruptksn) affords protectrun against the ions of earrings of a
buslness during the time recrulred to rebulld or repair covered property darnaged or destroyed by fire or some other
Insured cause of foss.
Extra Expense allows coverage for those additional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cage of kkas. These expenses could Include rent. uultres, mcving
expenses- telephone, advertising and labor.
This coverage protects the Insured for bodUy Injury, or property damage to the third parties, for which they are legally
Uable_ The po" covers accidents occurring on the promises or away from Oleo premises. Coverage is provided for
injury or damages arising out of goods or products made or roll by the framed insured. Coverage is afforded for
the .named Insured and employees of the named insured; however, several individuals and organisations other than
the named Inured may he covered depending upon certain circumstances specified In Uhe policy_ In addition to the
limits, the policy provides supplemental payments: for attorney fees, coal costs and other expenses assocated vAth
a Balm of the defense of a tiabllity sLWL
Coverage A - B4dlly injury and Property Damage Liability
iCfJAffAI RCIAL GENERAL
Bodily Injury means phys"I lv�ury, sickness or disease, kncludrrig death. Property f)amage rrruanra physical Irryury
LLASILIT'Y
to tangible property, including the resulting loss of use of that property.
Coverage Ii - Personal Injury and Advertising Injury LJabiNy
Personal Irlury means faise arrest. malrcaepus prosecution, wrongful entry or 8vtdron, libel. slanicer and votatioris of
a persons right of ptivacy. Advortssing injury means hbel. slander, disparagernenL »adaflona, of a per on'4 right �uf
privacy, misappropriation and copyright infringement.
Cawrege C - MBdwal Payrrarrhi
Ivledicat Payments mean. medical expenses for body Injury caused by an accident
IIAdWit: eR 1[FTPERS
Insures the hanger operator for legal obligations to pay damages due to loss to an aircraft that oora m when the
aircraft is In lhu Cato. custody or control of the Insured for safaltesping, storage. service or repair. Coverage
LIABILITY
exlnds be liability ciarrns bnvolving an airrxaft's leas of use.
hsures the pollution exposure associated wth the Insured's property and operations. Including casts of cleartup and
temedlal of corrective actlon due to a third -party demand or a gavernmrent order_ The Pollution exclusion in general
FItTtiTIRUPJIEJ►if AL
liability Insurance effectively ohmrnates coverage for damages for bcdlly yrjury, property damage and cleanup costs
IMPIRMENT LUBHXFY
arising from most Was of pollution evards. Because of this, customized protectlon for the poilutlon exposure of
numerous Insureds In Orris category is essential -
Coverage geared specifically to the operattun of aircraft and the risks involved In avlafilon. Aa Iatiorn insuraner
policies are "UncAAN different from those for olhur areas of transportation and lend to incorporate aviation
AIRCRAFT AND
term Inology, as well as fertninokrgy. Ilmrts and clauses sp&cline to aviation insurance. Passenger habtlty protecta
PASSENGER LIABILrr'Y
pas,nJens riding m the accdent aircraft who ate in] used or kttad. lin many r ountrles Oils coverage Is mandatory
only for commercial or largo ahrcratt Coverage is often sold on a'per-seat" bad, wb a specifled IImIt for each
passengerseat.
The liability coverage of the Business Auto Policy provides protection against legal llahitty arising out of the
AUTOMOBILE LIABILITY
oannership, malnlenance or use of any insured automobie. The Insuring agreement agrees to pay for bodllyinjury
or property damage for whkh the, Insured Is "any resporlsibre bemuse of an automobile accident Tthe policy also
states that. in addition to ire paymenll rsf damages, the insurer also agrees to defend the Insured for aU legal
defense cost- The defense is in addition to the policy limits.
{I'G INCLUDE IRRED &
NON -OWNED I IICLE51
APG'rR f]P
An agreement between two parties in which one party agrees to wahine subrogaton rights against another in the
every of a loss. The htent is to prevent one parry's Insurer from pursulrrg subrogation against the other patty.
SUBROGATION
Avlatiun Mlnirnum. Sibmdmla. City of Fort Worth Arialuorn Department (0EAYiM14)
T-Hangar Lease Agreement
Between City of Fort Worth and John Stewart Pearcy
Page 16 of 16
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: John Stewart Pearcy
Subject of the Agreement: Month -To -Month Lease Agreement between City of Fort Worth and John
Stewart Pearcy for T-Hangar 24S, Bay 3 at Fort Worth Meacham International Airport.
M&C Approved by the Council? * Yes ❑ No 8
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Date of Execution
If different from the approval date.
Expiration Date:
M-T-M; no expiration date
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, 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 8 No ❑
Contracts need to be routed for CSO processing in the following 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.
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank