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HomeMy WebLinkAboutContract 45035 (2)i eirr SECRETARY,, �H CONTRACT NO. 035S FORT WORTH MEACHAM INTERNATIONAL AIRPORT TERMINAL BUILDING OFFICE LEASE AGREEMENT (MONTH -TO -MONTH) SUITES 108 and 108A This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and PRO TEST ("Lessee"), a Texas business acting by and through Imad T. Hage, its duly authorized Owner. AGREEMENT: In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. PROPERTY LEASED. Lessor demises and leases to Lessee the following real property (hereinafter referred to as "Premises") in the Terminal Building ("Terminal") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1.1. 530 square feet of carpeted floor office space identified as Suites 108 and 108A depicted on 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 (1st) day of each month unless terminated by either party. In order 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. 3. RENT. 3.1. Amount. Lessee shall pay Lessor as monthly rent for the Premises at a rate of $15.60 per square foot for a sum of $689.00 monthly. The rental rates under this Lease are based on Lessor's published Schedule of Rates and Charges in effect as of the Effective Date of this Lease. In the event that this Lease commences on a day Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 1 of 14 \IIECEIVED .� " 2013 ©01FY SECREYARY FY RTN9 ¥i 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 Changes in effect at the same time. 3.3. Payment Dates and Late Fees. All monthly rent payments under this Lease 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's Aviation Department as set forth in Section 18. Rent shall be considered past due if Lessor has not received full payment after the (l0th) day of the month for which payment is due Lessor will assess a late penalty charge of ten percent (10%) per month on top of the entire month's rent for each month in which rent is past due. 4. DEPOSIT. There will be no deposit required with this Lease. 5. UTILITIES. Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with the exception of internet and telephone utilities. For all leased space in the basement of the Terminal, Lessee acknowledges that Lessor will not provide or pay for any air conditioning or heating services. Before installing any type of air conditioning or heating devices in the basement of the Terminal, Lessee shall obtain written permission from the Aviation Director or authorized representative and shall, at Lessee s own expense, provide a ventilation system acceptable to Lessor Lessee agrees that all heating equipment and other electrically -operated equipment which may be used on the Premises shall fully comply with the City of Fort Worth Mechanical Electrical, Plumbing, Fire and Building Codes, as they exist or may hereafter be amended. 6. MAINTENANCE AND REPAIRS. 6.1. Maintenance and Repairs by Lessor. Lessor shall provide janitorial services to the Premises unless located in the basement of the Teiiuinal. Lessor agrees to perform minor repairs and maintenance on a timely basis as required by the ordinary use of the Premises under the terms of this Lease and which are not caused by any violation thereof by Lessee Lessor shall have the right and privilege, through its officers, agents, Terminal Building Offce Lease Agreement between City of Fort Worth and Pro Test Page 2 of 14 servants or employees to inspect the Premises at any time. If Lessor determines that Lessee is responsible for any maintenance or repairs required on the Premises, it shall notify Lessee in writing Lessee agrees to undertake such maintenance or repair work within thirty (30) calendar days of receipt of notice If Lessee fails to undertake the maintenance or repairs recommended within this time, Lessor may, in its discretion, perform the necessary maintenance or repairs on behalf of Lessee In this event, Lessee will reimburse Lessor for the cost of the maintenance or repairs, and payment will be due on the date of Lessee's next monthly rental payment following completion of the repairs. 6.2. Maintenance and Repairs by Lessee. Lessee agrees to keep and maintain the Premises in a good clean and sanitary condition at all times Lessee covenants and agrees that it will not make or suffer any waste of the Premises Lessee shall not allow any holes to be drilled or made in the brick, plaster or cement work Lessee will not pile or store boxes, cartons, barrels or other similar items in a manner that is unsafe or unsightly. Upon termination of this Lease, Lessee agrees to return the Premises to Lessor in the same condition as originally received, subject to ordinary wear and tear consistent with normal use over time. Lessee is responsible for all damages caused by the negligence or misconduct of Lessee, its agents, servants, employees, contractors, subcontractors, patrons, licensees, invitees or trespassers. For any portion of the Premises located in the basement of the Terminal, Lessee shall provide, at Lessee s own expense and use covered metal receptacles for the temporary storage of all trash and garbage and arrange and pay for the sanitary transport and permanent disposal away from the Airport of all of Lessee's trash, garbage and refuse. 6.3. Inspection. 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 performer 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). Lessee will permit the Fire Marshal 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 the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be added or amended Lessee shall maintain in a proper condition accessible fire extinguishers of a number and type approved by Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 3 of 14 Fire Underwriters for the particular hazard involved Lessor shall provide Lessee with advance notice of inspection when reasonable under the circumstances. 7. ACCEPTANCE OF PREMISES. 7.1. Asbestos Abatement Activities. Lessee acknowledges the existence of asbestos -containing material on the Premises. After investigation by Lessor, Lessor represents that, to the best of its knowledge, asbestos -containing materials exist on the Premises to the extent identified in Lessor's Level II Asbestos Assessment Report dated October 12, 1992 a public document on file in Lessor's City Secretary's Office and incorporated herein by reference for all purposes Lessee covenants and agrees to comply with all federal, state and local laws and regulations, now in existence or promulgated in the future, which pertain to asbestos containing materials. Lessee covenants and agrees to cooperate fully with any asbestos abatement activity plan or asbestos operations and maintenance plan set forth by Lessor. Lessee further covenants and agrees to notify and obtain written approval from Lessor prior to Lessee's undertaking of any repairs renovations, alterations or improvements to the Premises or of any other activity which might disturb asbestos -containing materials Lessee agrees that it shall be solely responsible for all expenses of such activities Lessor retains the right to perfoini or cause to be performed air sampling on the Premises to check for the presence of airborne asbestos fibers. Lessee agrees to allow Lessor full access to the Premises to perform such tests. Lessor will make the results of any such tests available to Lessee at Lessee's request. 7.2. Lessee's Acceptance of Premises. Lessee agrees and covenants that it has inspected the Premises and is fully advised of its own rights without reliance upon any representation made by Lessor concerningthe condition of the Premises. Lessee accepts the Premises in its present condition as satisfactory for all purposes set forth in this Lease 8. CONSTRUCTION AND IMPROVEMENTS. Lessee may 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 Aviation Director or authorized representative. All such approved construction work on and improvements to the Premises shall comply fully with the Americans with Disabilities Act of 1990, as amended. Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 4 of 14 9. PARKING. Lessee shall have the right to use the designated public parking areas to the extent available and in accordance with policies established by the Aviation Director or authorized representative, for the parking of its employees, licensees or invitees, subject to all ordinances and regulations of the City of Fort Worth and all other applicable laws. 10. USE OF PREMISES. Lessee agrees to use the Premises exclusively for aviation or aviation -related commercial activities. It is specifically agreed and stipulated that the following concessions are prohibited under this Lease, unless specifically approved in writing by the Aviation Director or authorized representative: (i) ground transportation for hire; (ii) motor vehicle rental, including taxi and limousine service; (iii) food sales* (iv) barber and valet services; (v) alcoholic beverage sales; and (vi) aviation -related sales of pilot supplies. 11. SIGNS. Lessee may, at its own expense and with the prior written approval of the Aviation Director or authorized representative, create, install and maintain signs in the Terminal indicating Lessee's business. Such signs, however, must be in keeping with the size, color, location and manner of display of other signs throughout the Terminal In addition, Lessee may, at its own expense, make, install and maintain a sign outside the Terminal on Lessor's property subject to prior written approval by the Aviation Director or authorized representative as to the sign's placement, appearance, construction, and confoinnty with applicable City Code restrictions. Lessee shall maintain all signs in a safe, neat sightly and physically good condition. Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulting from the installation, maintenance or removal of any such sign Lessee also agrees to remove any sign at its own expense immediately upon receipt of instructions for such removal from the Aviation Director or authorized representative 12. RIGHTS AND RESERVATIONS OF LESSOR. Lessor hereby retains the following rights and reservations: 12.1. All fixtures and items peulianently attached to any structure on the Premises belong to Lessor, and any additions or alterations made thereon, shall immediately become the property of Lessor. 12.2. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, including, but not limited to, the right to prevent Lessee from erecting or permitting to be erected any building Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 5 of 14 or other structure which, in the opinion of Lessor, would limit the usefulness of the Airport, constitute a hazard to aircraft or diminish the capability of existing or future avigational or navigational aids used at the Airport. 12.3. 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 disruption of Lessee's business operations. 12.4. 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. 12.5. 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. 12.6. Lessor covenants and agrees that during the teiru 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. 13. 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 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. Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 6 of 14 13.1. Adjustments to Required Coveraue and Limits. Insurance requirements, including additional types of coverage and increased limits on existing coverages, are subject to change at Lessor's option and as necessary 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. 13.2. Certificates. 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. 13.3. Additional Requirements. Lessee shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance shall be endorsed to cover all of Lessee's operations at the Airport, to grant additional insured status to the City, and to provide that no material changes in coverage, including but not limited to cancellation, termination non -renewal or amendment, shall be made without thirty (30) days' prior written notice to Lessor Lessor shall be responsible for notifying the City of any change to its insurance coverage that amends or alters that coverage required by this lease. 14. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Lessee shall operate as an independent contractor as to all nghts 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. Tenninal Building Office Lease Agreement between City of Fort Worth and Pro Test Page7of14 15. 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 PROPERTY DAMAGE 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 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. Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 8 of 14 16. 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. 17. TERMINATION. 18. Upon termination 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 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. 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 4201 North Main St, Suite 200 Fort Worth, Texas 76106-2749 19. ASSIGNMENT AND SUBLETTING. TO LESSEE: Pro Test ATTN• Imad T. Hage 4201 N. Main Street, Ste. 108 Fort Worth, Texas 76106 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 such transaction attempted by Lessee without prior written consent by Lessor shall be null and void If Lessor consents to any such transaction, the respective assignee or sublessee shall consent in writing to comply with all terms and conditions set forth in this Lease the same as if that party had originally executed this Lease. Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 9 of 14 20. 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 salve 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 teiiiiinate 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 hen is discharged. 21. 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. 22. 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 peiinit 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 the City of Fort Worth and the City of Fort Worth Police and Fire Departments; all rules and regulations established by the Aviation Director 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. 23. NON-DISCRIMINATION 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 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 Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 10 of 14 excluded from the provision of any services on or in the construction of any improvements or alterations to the Premises on grounds of 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 tunes 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. 24. LICENSES AND PERMITS. Lessee shall, at its sole expense, obtain and keep in effect all licenses and pernits necessary for the operation of its business at the Airport. 25. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Lease, the City of Fort Worth does not waive or surrender any of its governmental powers. 26. 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 27. VENUE 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 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. 28. 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 Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 11 of 14 or agreement, Lessor and Lessee agree that each party shall be responsible for its own attorneys' fees. 29. 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. 30. 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. 31. 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. 32. HEADINGS NOT CONTROLLING. Headings and titles used in this Lease are for reference purposes only and shall not be deemed a part of this Lease 33. 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, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of Lessor. [Signature Pages to Follow] Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 12 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this th - day of `I e...010 0 ". , 2013. CITY OF FORT WORTH: ByrefrilaihQte— Fernando Costa Assistant City Manager Date: /o/z4/s STATE OF TEXAS COUNTY OF TARRANT w BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, 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 , 2013. EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 APPROVED AS TO FORM AND LEGALITY: Ydokst..;.. Charlene Sanders Assistant City Attorney old M&C: Not Required Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 13 of 14 day otary Public in and for the State of Texas ATTEST: By: t,--�,c,�*� Macy J. Kayser City Secretary I 0 070 r1 % ise„,..--4\ 14111 ik>"tteopopou°°°* el, rz trIAN -.- oFFICIAL RECORD CITY SECRETARY FT. WORTH TY LESSEE: PRO TEST By: Imad T. Hage Owner Date: ��! /O 'Z o/' STATE OF TEXAS COUNTY OF / Atee(ZAin--2 § ATTEST: By: BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Imad T. Hage, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the sane was the act of Pro Test, and that he executed the same as the act of Pro Test, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this j Lsk day asTro (3te2 , 2013. EvKLei Nota "ublic in and for the State of Texas JONNIE RENEE' HUTexas Notary Public, State of My Commission Expires May 2012014 Terminal Building Office Lease Agreement between City of Fort Worth and Pro Test Page 14 of 14 Exhibit "A" :] u ] '1 U • d fob v SP N 0 SUITE 108 & 108A foal SQIJAREFOOTAGE 530 0 CITY OF FORT WORTH AVIATION DEPARTMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT 4201 NORTH MAIN STREET ' FORT WORTH, TEXAS 76106 i , r r, L' i 1,1 r L r O iV sr _ CITY OF FORiiT �YORTH // Ijj FACIUT�a.•r�i ffn C StHY at�J Exhibit "B" City of Fort Worth Aviation Insurance Requirements 'Category of tenant&/or Operations Property Insurance General Liability FBOs Flight Training Air Taxi Specialized Com. Flight Serv. Aerial Applications Aircraft Sales Aircraft Rental Airframe or Power Plant Repair Radio, Instrument or Propeller Repair Multiple Services Flying Clubs Commercial Tenant Commercial Tenant Sublessee Mo. - Mo. Airport Tenant; sm. premises area, infrequent access by others (no aircraft) Hangar Tenant (private sm. aircraft) Fuel Facilities: Trucks Fuel Facilities: Tank Farm Concessionaire: Restaurant Concessionaire: Rent -a -car Concessionaire: Retail Shop Yes No No No N/A Yes No No Auto Environmental Impairment $ 3,000,000.00 $ 1,000,000.00 1 $ 1,000,000.00 1,000,000.00 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000 ,000.0 0 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 1,000,000.00 $ 1,000,000.00 1,000,000.00 $ 1,000,000.00 1,000,000.00 $ 1,000,000.00 $ 500,000.00 $ $ 300,000.00 No N/A $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 500,000.00 1,000,000.00 1,000,000.00 500,000.00 No No No $ 1,000,000.00 No No No No No No No No No No No No 1,000,000.00 $ 1,000,000.00 1,000,000.00 $ 1,000,000.00 1,000,000.00 No 1,000,000.00 No No No Aircraft Liability Hangarkeepers Liability N/A I $ 3,000,000.00 Small: 1M Large: 5M Small: 1M Large: 5M Small: 1M Large: 5M Small: 1M Large: 5M Small: 1M Large: 5M Small: 1M Large: 5M No No As Applicable Small: 1M Large: 5M As Applicable As Applicable No $ 300,000 No No No No No * Depends on the terms of the lease agreement Property Insurance requirement depends on the lease agreement. Coverage should be replacement cost basis Liability coverage's are to include products and completed operation. The policy should be written on an occurrence basis Hangarkeepers Liability is maintained according to typical exposure No No No No $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 As Applicable N/A No No No No No No No No No aviationinsreg2001