HomeMy WebLinkAbout2011-188Jet Works Air Center
ORDINANCE NO
2011-188
AN ORDINANCE APPROVING AN AIRPORT SAFETY EQUIPMENT LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JET WORKS AIR
CENTER; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an airport
lease agreement for an Airport Rescue and Fire Fighting vehicle between the City of Denton and
Jet Works Air Center in substantially the form of the Airport Lease Agreement which is attached
to and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ''/" M day of � � ( /�/ , M l l .
A A. OUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR rED LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
JET WORKS AIR CENTER
PROMOTIONAL VEHICLLEE/LEASE AGREEMENT
This Agreement is made this ' 7 — day of * erg 2011, between the City of Denton.
("LESSEE"), and Jet Works Air Center ("Jet Works") ("LESSOR").
1. Equipment Covered. Jet Works agrees to lease to Lessee and Lessee agrees to lease
from Jet Works the following described equipment ("Vehicle").
Make Model Vehicle Identification Number
1988-E-One Titan III 1F93BAA86J1037232
2. Term. This Agreement shall become effective on this date and shall continue in
effect until December 13, 2011 unless terminated sooner as provided in paragraph 11. At the end
of the term, the Vehicle shall be delivered to Jet Works without freight charges paid by Lessor,
unless the term of the Agreement is extended by mutual agreement of the parties.
3. Chimes. Lessee will pay Jet Works or its assignee, as rental for use of the Vehicle, a
total amount of six thousand six hundred dollars ($6,600) due upon Lessee acceptance of this
Agreement.
4. Warranty. Jet Works makes no warranties, either express or implied and NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to
the Lessee with regard to the Vehicle. Jet Works shall be liable for any special, incidental, or
consequential damages arising out of Lessee's control, operation, use or maintenance of the
Vehicle.
5. Maintenance and Repair. Lessor shall, at its own expense, keep the Vehicle in good
condition and repair in accordance with the manufacturers' recommended procedures. In
addition, Lessor shall maintain the Vehicle in compliance with applicable state and federal safety
rules and regulations. Lessor shall furnish at its own expense, all necessary fuel, lubricants,
grease, antifreeze, tires, tubes, and all other replacement parts and supplies necessary for
maintenance and operation of the Vehicle. Jet Works will furnish or replace at its own expense
components or replacement parts, if necessary, in accordance with the standard warranty policy
for this vehicle. Lessee shall not alter or modify the Vehicle in any manner that would materially
and adversely affect its value.
6. Taxes. Lessor shall pay any and all highway use, ton -mileage, axle -mileage, sales,
revenue, use, or other type of tax, and all license fees, and any and all tolls, when such taxes,
fees, and tolls are imposed on the Vehicle or by reason of the leasing thereof. Lessor shall also
pay all costs of any inspection of the Vehicle required by any governmental authority. Lessor
shall obtain all necessary fuel permits and/or bonds and shall keep or cause to be kept and made
available to Lessee any necessary records relative to the use of the Vehicle and pertaining to such
taxes.
7. Insurance. Lessor shall procure from insurance companies approved by City of
Denton and maintain in full force during the term of this Agreement for each Vehicle such
coverage as may be required by Lessee for each Vehicle. However, nothing contained in the
following provisions shall prohibit the City from choosing, at its sole discretion, to self -insure
one or more of the following coverages:
(a) Liability insurance naming Jet Works Air Center., as an additional insured (if
applicable) with limits for bodily injury and death resulting therefrom and damage
or loss of property in not less than the following amounts:
Comprehensive General Liability/
Bodily Injury and Property Damage $2,000,000 per occurrence/
$4,000,000 aggregate
Automobile Liability $2,000,000 per occurrence
(Jet Works may be named under the City of Denton's automobile liability
coverage)
but in no event less than the amounts required by the authorities having
jurisdiction for the use in which the Vehicle is engaged;
(b) Lessor may procure and maintain in force workers compensation insurance in the
amounts required by law in the state of Texas and all operation of the Vehicle will
be performed by the Lessor's employees;
(c) Physical damage insurance in an amount of $50,000 or cost to repair or replace
basis covering the Vehicle insuring the respective interests of Jet Works, and its
assigns, against loss or damage by collision, fire, theft and other hazards,
commonly referred to as "comprehensive", subject to a deductible clause in an
amount not more than $1000.
Repair costs under the deductible amount shall be the responsibility of the Lessor. Each such
policy shall provide that coverage shall not be canceled or materially changed unless the carrier
shall give written notice to Jet Works and Lessee at least thirty (30) days prior to such
cancellation or change.
8. Operation of Vehicle. Lessee agrees, at its own cost and expense, to use the Vehicle
in a careful and prudent manner in the regular course of Lessee's business and to permit only
qualified and licensed personnel to use the Vehicle, notifying each such person that he or she is
not an employee of Jet Works or under Jet Works' direction or control. The Vehicle will not be
used or operated in violation of any law, rule, regulation, statute, or ordinance applicable to the
Vehicle or Lessee. Lessee shall indemnify and hold Jet Works harmless from and against any
and all fines, forfeitures, seizures, confiscations, penalties, or damages and attorneys' fees related
thereto arising out of the use and operation of the Vehicle in violation of any such law, rule,
regulation, statute or ordinance. The Vehicle shall not be used contrary to any applicable
insurance coverage specified herein.
9. Ownership. Lessee acknowledges that at all times during the term hereof, title and
ownership of the Vehicle shall remain in Jet Works and that the Lessee has not and does not by
these presents acquire any proprietary rights or interests in the Vehicle.
10. Indemnification. To the extent permitted by the law, included but not limited to the
limitations imposed by Article 3 Section 52 of the Texas Constitution, the City may indemnify
Lessor. Lessee agrees to indemnify and hold Jet Works harmless from and against any and all
claims, causes of action, damages, demands, liabilities and expenses of any kind including,
without limitation, attorneys' fees, fines and penalties relating to or arising out of the possession,
maintenance, use, operation, releasing, control, or storage of any Vehicle covered by this
Agreement, excluding claims solely from Jet Works' negligence. The indemnity contained in
this paragraph shall apply for the period of time the lease is effective and shall not be affected by
the termination of this Agreement.
11. Termination. Jet Works may terminate this Agreement at anytime upon ten (10)
days written notice if, in its sole discretion, it considers the Vehicle not suitable for any proposed
use, or if Lessee is in breach of any provision of this Agreement. Upon termination, the Vehicle
shall immediately be removed from service and delivered, at Jet Works' expense to Jet Works
business location at Denton Airport. In addition, Lessee may terminate this Agreement for any
reason upon ten (10) days written notice to Jet Works, and in such case shall return the Vehicle
at its expense.
12. Additions and Accessories. Any additions, accessions, equipment or accessories
added to Vehicle by Lessee shall become the property of Jet Works upon termination or
expiration of the Agreement.
13. Purchase Option. Prior to expiration of this lease agreement, Lessee may consider
purchase of the Vehicle under terms and conditions negotiated between Lessee and Lessor.
Lessee is under no obligation to purchase the Vehicle or to extend this lease agreement. Should
Lessee fail to provide written notice of intent to purchase the Vehicle thirty (30) days prior to
expiration of this lease agreement, then neither Lessee nor Lessor is under any obligation to
continue providing this Vehicle for service at Denton Airport.
14. Assignment of Vehicle. Lessee shall not assign, transfer or sublet the Vehicle, this
Agreement, or Lessee's interests hereunder without Jet Works' prior written consent (which may
be withheld at Jet Works's sole discretion), nor shall Lessee's interest hereunder inure to the
benefit of any trustee, receiver creditor, or successor of Lessee or of its property, whether or not
in bankruptcy, by operation of law, or otherwise,
15. Return to Lessor. Upon expiration or termination of this Agreement, Lessee shall
return the Vehicle to Jet Works in the same condition as when received by Lessee, excepting
only reasonable wear and tear resulting from the normal and customary use thereof. Lessee shall
provide at Lcsse's expense the cost of any repairs necessary to place the Vehicle in the condition
required by this Agreement at that time.
16. Limitation on Use. This Vehicle is leased to Lessee solely for use at Denton
Airport to provide customary airport rescue and fire fighting services to any airport user or for
service to any public infrastructure at Denton Airport.
17. Venue. Venue for any cause of action arising under this contract shall be Denton
County, Texas.
18. Notices: All notices required under the terms of this lease shall be sent by normal
mail delivery to the following:
To Lessee: Quentin Hix
Airport Manager
City of Denton
5000 Airport Road
Denton, Texas 76209
(940) 349-7744
To Lessor: Frank Faulkner
Senior Program Manager — Military Operations
Jet Works Air Center
5035 Warbird Drive
Denton, Texas 76207
IN WITNESS WHEREOF, each of the parties hereto has caused their presence to be duly
executed the day and year first above written by a person duly authorized.
City of Denton
By �—
George 6. Campbell
City Manager
APPROVED AS TO FORM:
ANITA BURGESS, CITY ATTORNEY
By
JET WORKS AIR CENTER