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HomeMy WebLinkAboutContract 53033 CITY SECRETARY CONTRACT NO. 53033 RECEIVED FORT WORTH AVIATION DEPARTMENT NOV-7 2019 SIGN LICENSE AGREEMENT m1gFFORTWORV MONTH-TO-MONTH C111FSECRERRY FORT WORTH MEACHAM INTERNATIONAL AIRPORT This SIGN LICENSE AGREEMENT ("AGREEMENT") is entered into by and between the CITY OF FORT WORTH ("Licensor"), a home rule municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas acting by and through William Welstead, its duly authorized Aviation Director, and CLAY LACY AVIATION, INC. ("Licensee"), a California Business acting by and through SCOTT CUTSHALL, its duly authorized VICE-PRESIDENT, MARKETING. The following introductory statements are true and correct and form the basis of this agreement. RECITALS A. The Licensor owns and operates Fort Meacham International Airport ("Airport"). The Licensor also owns a sign that identifies the Airport at the entrance to the Airport ("Entrance Sign"). This Entrance Sign has six (6) spaces available for the display of removable sign panels. B. Licensee occupies rental at the Airport. Licensee desires to rent one of the sign spaces on the Entrance Sign from the Licensor in order to display a sign for Licensee's business. AGREEMENT It is therefore mutually agreed as follows: 1. Term and Termination of Agreement. The terin of this Agreement shall commence on November 1,2019 and continue on a month-to-month basis until either party terminates this Agreement,for any reason,by providing the other party with not less than 30-days written notice prior to the effective date of such termination. 2. Rental Fee. The rent fee for one sign space shall be one hundred dollars and zero cents ($100.00)per month.A sign space shall include two sign panels, one on each side of the Entrance Sign, facing in each direction. Rent for sign spaces may be adjusted from time-to- time by Licensor's City Council, in its sole discretion, and any such adjustment shall become effective following not less than thirty(30)days written notice to Licensee. Licensor shall invoice Licensee each month, and such rent shall be due by the 10"of each month. Rent not received by the 10'of the month shall be subject to a 1010 late enal 0MIICIAL RECORD Fort Worth Meacham International Airport Sign License Agreement—Clay Lacy Aviation,Inc. CITY SECRETARY Page I of FT. WORTH, TX /a� 3. Sign Construction,Installation and Maintenance. Each sign space shall require two sign panels with only one side requiring printing. Licensee shall be solely responsible for the construction,printing,repairs and maintenance of such sign panels. Licensor may install panels for Licensee; provided however, Licensee agrees that Licensor, its agents or employees shall not be liable for any property damage to such panels that occurs in connection with its providing such service. Licensee agrees to maintain sign panels appearance in like new condition,only the name and the phone number of the Licensee's business may be displayed on such sign panels unless otherwise approved in writing by the Licensor's Aviation Director or authorized representative. 4. Sign Placement Order. The City of Fort Worth Aviation Department shall have sole control of the placement order in which sign panels are located in the six slots on the Entrance Sign. Preferences may be requested by Licensee but are not guaranteed by Licensor or conditional to this Agreement. The order of the sign panels may be changed from time to time at the sole discretion of the Airport Systems Director or authorized representative. 5. Other Terms and Conditions: (A) Licensee hereby assumes all liability for damage to Licensee's sign panels arising from vandalism,theft, natural disasters or any cause out of the direct control of the Licensor. Licensee also assumes all liability for any personal injury, including death or property damage caused by Licensee, its agents, servants, employees, contractors and subcontractors. (B) Licensor makes no warranties or guarantees as to whether Licensee's sign panels will be lighted sufficiently to be visible at night. (C) Licensee shall not assign or sublease any of Licensee's rights under this Agreement. (D) Venue for any dispute or action that arises under this Agreement shall be in the state courts located in Tarrant County,Texas or in the United States District Court for the Northern District of Texas, Fort Worth Division. 6. Notices. All written notices required by the provisions of this Agreement shall be deemed delivered when hand delivered to the named parties at their respective business location addresses at the Airport unless otherwise noted below. Invoices to be sent to: Clay Lacy Aviation, Inc. Attn: Laura Hockemeyer 7435 Valjean Avenue Van Nuys, CA 91406 Fort Worth Meacham International Airport Sign License Agreement—Clay Lacy Aviation,Inc. Page 2 of 4 �`r IN WIT,YFSS WHWEOF, the parties hereto have executed this Agreement in multiples on this the IS`���t day of e,L, ,2019. CITY OF FORT WORTH: By: Wllliam Welstead Aviation Director i Date: T 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 William Welstead, 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 thereiln, stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �S day 2019. BARBARA JEANETTE GOODWIN �L Notary Public,State of Texas vl*. OF� Comm. Expires 09-12-2 3 �•,,, ,�.• Notary ID 12573274 N c in and for the State of Texas APPROVED AS TO FORM ATTEST: I- AND LEGALIT P F i By: By: Thomas Royce Hansen aFecretary y ` Assistant City Attorney City M&C: Not Required OFFICIAL RECORD Fort Worth Meacham International Airport Sign License Agreement—Clay Lacy Aviation,Inc. Page 3 of 4 CITY SECRETARY FT. WORTH, TX 304 LESSEE: ATTEST: CLAY LACY AVIATION,INC. Ely: _ By. Scott Cutshall Vice-President, Marketing Date: � ` �s, 00/? A� -p STATE OF TEXT rS § 101 COUNTY OF _ �I.C,7� § ""io(C BEFORE ME, the undersigned authority, a Notary Public in and for the State of T-ex-as, on this day personally appeared SCOTT CUTSHALL, 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 CLAY LACY AVIATION, INC. and that he executed the same as the act of CLAY LACY AVIATION,INC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � - day 2019. SHANEJOHNSON • Notary Public-California Orange County z - N Pu Commission#2163113 a in d for the State of+exas Nl Comm.Expires Sep 16,2020+ ®FFiCIAL RECORD Fort Worth Meacham International Airport Sign License Agreement—Clay Lacy Aviation,Inc. CITY SECRETARY Page a of FT WORTH, T 10 494