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HomeMy WebLinkAboutContract 55421RECEIVED MAR 1 6 2021 CITY OF FORT WORTH CITY SECRETARY ITV SECRETARY - r ."~~CT NO. 554:~ \ FORT WORTH A VIA TI ON DEPARTMENT ADMINISTRATION BUILDING OFFICE LEASE MONTH-TO-MONTH AGREEMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT This ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT ("Leas 1 ") is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation under the State of Texas , acting by and through Fernando Costa, itJ duly authorized Assistant City Manager, and STATURE AVIATION, LLC ("Lessee"), acting by and through HAMP REED , its duly authorized PRESIDENT. In consideration of the mutual covenants , promises and obligations contained herei , the parties agree as follows: 1. PROPERTY LEASED. Lessor demises and leases to Lessee the following real property (hereinafter referre~ to as "Premises") in the Administration Building ("Admin Building") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County , Texas: 479 squar feet of office space identified as Suite L26, Lower Level, depicted on Exhibit "A", att ched hereto and hereby made a part of this Lease for all purposes. 2. TERM OF LEASE. The Initial Term of this Lease shall commence on the date of its execution ("Effectiv Date and continue on a month-to-month basis until either party terminates this Agreement, £ r any reason , by providing the other party with not less than 30-days written notice prior o the effective date of such termination. 3. RENT. 3.1. Rates and Adiustments. Lessee shall commence the payment of rent, in accordance with this Section 2, on the "Effective Date " of this Lease . Lessee shall pay Lessor rent based on a rental rate of $14.50 per square foot which will be payable in monthly installments of $578.79, for an annual rental rate of$6,945.50. On October 1, 2020, and on October 1st of each year thereafter during both, the Initial Term , and any Renewal Term, Lessee 's rental rate shall be adjusted to comply with the rates prescribed fJ r the Premises by Lessor 's Schedule of Rates and Charges in effect at the resp ~ctive time. In no event shall Lessee 's monthly rental rate exceed the then-currentJ rates prescribed by Lessor's published Schedule of Rates and Charges for the type or types of property at the Airport similar to the type or types of property that corrl.prise the Premises. Fo rt Worth Meacham Intern ati onal A irp ort Admini strati on Build ing Office Lease Agreement Statu re Av iation, LLC -Su ite L26 OFFICIAL RECORD CITY SE ETARY Page I of 14 3.2. 4. Payment Dates and Late Fees. j Monthly rent payments under this Lease are due on or before the first (1 st) 1 ay of each month. Payments must be received during normal working hours by the due date at the location for Lessor's Revenue Office as set forth in Section l 8.1 Rent shall be considered past due if Lessor has not received full payment on or Uefore the 10 th day of the month for which payment is due. Without limiting Le l ~or's termination rights as provided by this Lease , Lessor will assess a late penalty charge of ten percent (10%) each month on the entire balance of any overdue re ~ that Lessee may accrue. UTILITIES. Lessor agrees and covenants that it will pay for all utilities in use on the Premises with the exception of telephone utilities and internet service. Lessee agrees that all electrically- operated equipment which may be used on the Premises shall fully comply with thd City of Fort Worth Mechanical , Electrical , Plumbing , Fire and Building Codes , as they e ist or may hereafter be amended. 5. MAINTENANCE AND REPAIRS. 5.1. Maintenance and Repairs by Lessor. Lessor shall provide janitorial services to the Premises. Lessor agrees to pe form minor repairs and maintenance on a timely basis as required by the ordinary se of the Premises under the terms of this Lease and which are not caused b any violation thereof by Lessee. Lessor shall have the right and privilege, t ough its officers , agents , servants or employees to inspect the Premises at any ti~e. If Lessor determines that Lessee is responsible for any maintenance or repairs required on the Premises , it shall notify Lessee in writing. Lessee agr{es to undertake such maintenance or repair work within thirty (30) calendar d~ts of receipt of notice. If Lessee fails to undertake the maintenancf or repairs recommended within this time, Lessor may , in its discretion, perform the necessary maintenance or repairs on behalf of Lessee. In this event, Lesse~ will reimburse Lessor for the cost of the maintenance or repairs , and payment 1 ill be due on the date of Lessee's next monthly rental payment following complet~on of the repairs. 5.2. Maintenance and Repairs by Lessee. Lessee agrees to keep and maintain the Premises in a good , clean and s'1fitary 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 p ade 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 lsame condition as originally received , subject to ordinary wear and tear consisten~ with normal use over time . Lessee is responsible for all damages caused br the Fo rt Worth Meacham Intern ational Airp ort Admini stratio n Buildin g Offi ce Lease Agreement Stature Avi at10n , LLC -Suite L26 Page 2 of 14 5.3. negligence or misconduct of Lessee , its agents , servants , employees , contr I tors , subcontractors , patrons , licensees , invitees or trespassers. For any portion of the Premises located in the basement of the Administ ation Building, Lessee shall provide , at Lessee's own expense , and use covered metal receptacles for the temporary storage of all trash and garbage and arrange an pay fo r the sanitary transport and permanent disposal away from the Airport of 11 of Lessee's trash, garbage and refuse. 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 hich Lessor is authorized or required to do under the terms of this Lease or to pe form 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 gJ neral I welfare regulations). Lessee will permit the Fire Marshal of the City of Fort forth or his agents to make inspection of the Premises at any time, and Lessee will c mply 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 Cod . and Building Code provisions regarding fire safety, as such provisions exist o~ may hereafter be added or amended. Lessee shall maintain in a proper con~tion accessible fire extinguisher of a number and type approved by Fire Underwrit~rs for the particular hazard involved. Lessor shall provide Lessee with advance nof ce of inspection when rea sonable under the circumstances. 6. 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 concemin the condition of the Premises . Lessee accepts the Premises in its present conditi , n as satisfactory for all purposes set forth in this Lease. 7. CONSTRUCTION AND IMPROVEMENTS. Lessee may not undertake or allow any party to undertake any kind of alteration, erection, impro vement or other construction work on or to the Premises unless it first requests and receives in writing appro val from the Airport Systems Director or authorized representative. All such appro ved construction work on and improvements to the Pre I ises shall comply fully with the Americans with Disabilities Act of 1990 , as amended. 8. PARKING. Lessee shall have the right to use the designated public parking areas to the ~xtent available and in accordance with policies established by the Director of Airport Systems or authori zed representative , for the parking of company vehicles and the vehicles f its Fort Worth Meacham Inte rn ati onal Airp ort Admini strati on B uildin g Office Lease Agreement Stature Aviati on, LLC -S uite 126 Page 3 of 14 employees , licensees or invitees , subject to all ordinances and regulations of the C ty of Fort Worth and all other applicable laws. 9. USE OF PREMISES. Lessee agrees to use the Premises exclusively for the purpose proposed to and appro ed by the Department of Aviation. Any proposed change to the use and activity within the space must be approved by the Department of Aviation prior to the change occurrin 10. SIGNS. Lessee may , at its own expense and with the prior written approval of the Airport Sy terns Director or authorized representative, create , install , and maintain signage . Such igns, however , must be in keeping with the size, color, location and manner of display o1 other signs throughout the Administration Building. In addition , Lessee may not install • sign outside the Administration Building on Lessor's property without prior written appro T al by the Airport Systems Director or authorized representative as to the sign 's plac i ent, appearance , construction , and conformity with applicable City Code restrictions. The Meacham Administration Building 's location sign on Main Street is part f the airport 's Unified Signage Agreement. All associated signage panels must be approved and procured by the lessor. The lessee will remit payment in advance to the lessor for th sign panel cost. Lessee shall maintain all signs in a safe , neat , sightly and physically good condition. essee agrees to pay Lessor for any damage , injury or necessary repairs to the Premises res lting from the installation , maintenance or removal of any such sign. Lessee also agr es to remove any signs at its own expense immediately upon receipt of instructions fo such removal from the Airport Systems Director or authorized representative . 11. RIGHTS AND RESERVATIONS OF LESSOR. Lessor hereby retains the following rights and reservations: 11.1. All fixtures and items permanently attached to any structure on the Premises b long to Lessor, and any additions or alterations made thereon , shall immediately be1 1 come the property of Lessor. 11.2. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, including , but not limit bd to , I the right to prevent Lessee from erecting or permitting to be erected any bu,lding or other structure which , in the opinion of Lessor, would limit the usefulness bf the Airport , constitute a hazard to aircraft or diminish the capability of existi[1 g or future avigational or navigational aids used at the Airport. 11.3. Lessor reserves the right to close temporarily the Airport or any of its fac lities for maintenance , improvements , safety or security of either the Airport or the ~ublic or for any other cause deemed necessary by Lessor. In this event, Lessor s11all in Fo rt Worth Meach am Internati onal A irport A dmm is trat1 on Building Offi ce Lease Agreeme nt Statu re Avi ati on, LLC -S mte L2 6 Page 4 of 14 11.4. 11.5. 11.6. no way be liable for any damages asserted by Lessee , including , but not limi ed to , damages from an alleged disruption of Lessee's business operations. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States Government which relates J o the operation or maintenance of the Airport and is required as a condition f1r the expenditure of federal funds for the development, maintenance or repair of A rport infrastructure . During any war or national emergency, Lessor shall have the right to lease an part of the Airport, including its landing area, to the United States Government. this event, any provisions of this instrument which are inconsistent with the prov sions of the lease to the Government shall be suspended. Lessor shall not be lia e for any loss or damages alleged by Lessee as a result of this action. However, n thing in this Lease shall prevent Lessee from pursuing any rights it may ha e for reimbursement from the United States Government. Lessor covenants and agrees that during the term of this Lease it will o , erate I and maintain the Airport and its facilities. as a public airport consiste~t witp and pursuant to the Sponsor's Assurances given by Lessor to the Umted $tates Government through the Federal Airport Act; and Lessee agrees that this Leai e and Lessee's rights and privileges hereunder shall be subordinate to the Spo sor's Assurances . 12. INSURANCE. 12.1 Types of Coverage and Limits. Lessee shall procure and maintain at all times, in full force and effect, a pol cy or policies of insurance as specified herein, naming the City of Fort Worth ~s an additional insured and covering all public risks related to the leasing,! use, occupancy, maintenance , existence or location of the Premises . Lessee shall 1btain the following insurance coverage at the limits specified herein: • Commercial General Liability: $300 ,000.00 per occurrence (including Products and Completed Operations) In addition, Lessee shall be responsible for all insurance to any approved construction, improvements , modifications or renovations on or to the Premis 1s and for personal property of Lessee or in Lessee's care, custody or control. 12.2. Adiustments to Required Coverage and Limits. Insurance requirements, including additional types and limits of coverag . and increased limits on existing coverages, are subject to change at Lessor's optiori, and Lessee will accordingly comply with such new requirements within thirty (30 ) days following notice to Lessee. Fo rt Worth Meacham Internati ona l A irport Admini strati on Building Offi ce Lease Agree ment St ature Av iat io n, LLC -Sui te L2 6 Page 5 of 14 12.3. Certificates. As a condition precedent to the effectiveness of this Lease, Lessee shall · sh Lessor with a certificate of insurance signed by the underwriter as proof tha1 it has obtained the types and amounts of insurance coverage required herein, and essee shall submit a similar certificate of insurance annually to City on the anniv rsary date of the execution of this agreement. Lessee hereby covenants and agrees that not less than thirty (30) days prior to the expiration of any insurance policy re uired hereunder , it shall provide Lessor with a new or renewal certificate of insuran e. In addition, Lessee shall , on demand, provide Lessor with evidence that · has maintained such coverage in full force and effect. 12.4. Additional Requirements. Lessee shall maintain its insurance with underwriters authorized to do busin ss in the State of Texas and which are satisfactory to Lessor. The policy or polic~es of insurance shall be endorsed to cover all of Lessee's operations at the airport '+nd to provide that no material changes in coverage, including , but not limited to, cancellation, termination, nonrenewal or amendment, shall be made without hirty (30) days' prior written notice to Lessor. 13. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Lessee shall operate as an independent cont actor as to all rights and privileges granted herein, and not as an agent , representatir e or employee of Lessor. Lessee shall have the exclusive right to control the details f its operations and activities on the Premises and shall be solely responsible for the ac and omissions of its officers , agents , servants, employees, contractors, subcontractors, patrons , licensees and invitees. Lessee acknowledges that the doctrine of respondeat superio1 shall not apply as between Lessor and Lessee, its officers , agents , employees, contracton and subcontractors. Lessee further agrees that nothing herein shall be construed as the er . ation of a partnership or joint enterprise between Lessor and Lessee. 14. INDEMNIFICATION. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROP RTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARA q TER , WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITHj THE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEA '1NG, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXI'ENT CAUSED BY THE NEGLIGENT AC 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 Fort Worth Meacham International Airport Admini strati on Buildin g Offi ce Lease Agreement Stature Av iati on, LLC-Suite L26 Page 6 of 14 15. 16. ~1;f;Jsi1~~3/Js~~i:s~~EA~~ t~ftf~~tu:J:7 p~LJ;I~i~t~~RG:E~~tf ii1 INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIN OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF O IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LEASE OR fVITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATidf OF THE PREMISES, EXCEPT TO THE EXI'ENT CAUSED BY THE NEGLIGENT AC 'SOR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FO ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES O T OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSE , ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRAC'{ORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXf'ENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTJit NAL MISCONDUCT OF LESSOR. LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE O ITS PROPERTY LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PE SON ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONG TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRAC ORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HE EBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFI¢ERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL UCH CLAIMS, EXCEPT TO THE EXI'ENT CAUSED BY THE NEGLIGENT ACT. OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR .. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION. If Lessee, as a charitable association, corporation, partnership, individual enterpr se or entity, claims immunity to or an exemption from liability for any kind of property dab.age or personal damage, injury or death, Lessee hereby expressly waives its rights to 1r lead defensively any such immunity or exemption as against Lessor. TERMINATION. Upon termination of this Lease, all rights, powers and privileges granted to J essee hereunder shall cease and Lessee shall immediately vacate the Premises. Lessee Jgrees 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 e tered into, subject to ordinary wear and tear. Lessor shall have the immediate right to ta e full possession of the Premises and to remove any and all parties remaining on any part f 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 equipmen that may be found within or upon the Premises without being liable therefor. Lessee agreds that it will assert no claim of any kind against Lessor, its agents, servants, employe1 s or Fort Worth Meacham international Airport Administration Buildin g Office Lease Agreement Stature Aviation, LL C -Suite L26 Page 7 of 14 representatives which may stem from Lessor's termination of the Lease or any act in ident to Lessor's assertion of its right to terminate. 17. NOTICES. Notices required pursuant to the provisions of this Lease shall be conclusively dete ined to have been delivered when (1) hand -delivered to the other party , its agents , empl yees, servants or representatives , or (2) deposited in the United States Mail , postage pr ,paid, addressed as follows: To LESSOR: City of Fort Worth Aviation Department 201 American Concourse, Suite 330 Fort Worth, Texas 76106-2749 TO LESSEE: Stature Aviation , LLC Hamp Reed 4500 Westgrove Drive , Suite 300 Addison, TX 75001 469-340-3340 18. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, sell , convey , sublet or transfer any of its rights , privileges , 1 uties or interests granted by this Lease without the advance written consent of Lessor. An such transaction attempted by Lessee without prior written consent by Lessor shall be nu 1 and void. If Lessor consents to any such transaction, the respective assignee or sublesse shall consent to comply in writing with all terms and conditions set forth in this Lease the same as if that party had originally executed this Lease . 19. LIENS BY LESSEE. 20. 21. Lessee acknowledges that it has no authority to engage in any act or to make any co tract 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 sol ~ 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 bredch of this Lease and Lessor may terminate this Lease immediately. However , Lessee's fin J ncial obligation to Lessor to liquidate and discharge such lien shall continue in ~ffect following termination of this Lease and until such a time as the lien is discharged . I TAXES AND ASSESSMENTS. Lessee agrees to pay any and all federal , state or local taxes or assessments whic may lawfully be le vied against Lessee due to Lessee's use or occupancy of the Premises r any improvements or property placed on the Premises by Lessee as a result of its occup,cy. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Lessee covenants and agrees that it shall not engage in any unlawful use of the Pre I ises . Lessee further agrees that it shall not permit its officers , agents , servants , empl yees , Fo rt Worth Meacham Internati onal Ai rp ort Admini strati on Building Office Lease Agre e me nt Sta ture Av iati on, LLC -Suite L26 Page 8 of 14 contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful se of the Premises and Lessee immediately shall remove from the Premises any person eng ging in such unlawful activities . Unlawful use of the Premises by Lessee itself shall con titute an immediate breach of this Lease. Lessee agrees to comply with all federal, state and local laws ; all ordinances , rule ~ and regulations of the City of Fort Worth and the City of Fort Worth Police , Fire and I-f ealth Departments; all rules and regulations established by the Airport Systems Director; ,d all rules and regulations adopted by the City Council pertaining to the conduct requ~~ed 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 b f its officers, agents , employees, contractors , subcontractors , licensees or invitees o any violation of such laws , ordinances , rules or regulations , Lessee shall immediately esist from and correct the violation. 22. NON-DISCRIMINATION COVENANT. Lessee , for itself, its personal representatives , successors in interest and assigns , as ~· of the consideration herein, agrees as a covenant running with the land that no person s 11 be excluded from participation in or denied the benefits of Lessee's use of the Premises n the basis of age , race , color, national origin, religion, disability , sex , sexual orient tion, transgender, gender identity or gender expression . Lessee further agrees for ttself, its personal representatives , successors in interest and assigns that no person sht ll be excluded from the provi sion of any services on or in the construction of any improveipents or alterations to the Premises on grounds of age , race , color, national origin, rel gion, 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 lat all times comply with any requirements imposed by or pursuant to Title 49 of the Co1de of Federal Regulations , Part 21 , Non-Discrimination in Federally Assisted Programs j f the Department of Transportation and with any amendments to this regulation whic may hereafter be enacted. If an y claim arises from an alleged violation of this non-discrimination covenant by L , ssee, its personal representatives , successors in interest or assigns , Lessee agrees to indelhnify Lessor and hold Lessor harmless. 23. LICENSES AND PERMITS. Lessee shall , at its sole expense , obtain and keep in effect all licenses and permits nee ssary for the operation of its business at the Airport. 24. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Lease, the City of Fort Worth do ,snot waive or surrender any of its governmental powers. Fort Worth Meacham In tern ati onal Airp ort Admini strati o n Building O ffi ce Le ase Agree ment Stature Aviati on , LLC -Suit e L26 Page 9 of 14 25. NO WAIVER. The failure of Lessor to insist upon the performance of any term or provision of this ease 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. 26. VENUE. Should any action , whether real or asserted, at law or in equity, arise out of the te s 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 Dtstrict of Texas , Fort Worth Division. This Lease shall be construed in accordance with th laws of the State of Texas. 27. ATTORNEYS' FEES. In the event there should be a breach or default under any provision of this Lease and ither party should retain attorneys or incur other expenses for the collection of rent, £ es or charges , or the enforcement of performance or observances of any covenant, obligat on or agreement , Lessor and Lessee agree that each party shall be responsible for its own attorneys ' fees. 28. SEVERABILITY. If any provision of this Lease shall be held to be invalid , illegal or unenforceabl , the validity, legality and enforceability of the remaining provisions shall not in any w y be affected or impaired. 29. FORCE MAJEURE. Lessor and Lessee shall exercise every reasonable effort to meet their resp , ctive obligations as set forth in this Lease , but shall not be held liable for any delay in or omtJssion of performance due to force majeure or other causes beyond their reasonable co trol, including , but not limited to , compliance with any government law, ordinan , e or regulation , acts of God , acts of omission, fires, strikes, lockouts , national disasters, !wars , riots , material or labor restrictions by any governmental authority , transpo ation problems and/or any other cause beyond the reasonable control of the parties. 30. HEADINGS NOT CONTROLLING. Headings and titles used in this Lease are for reference purposes only and shall t be deemed a part of this Lease. 31. ENTIRETY OF AGREEMENT. This written instrument , including any documents incorporated herein by reference , contains the entire understanding and agreement between Lessor and Lessee , its aJsigns Fo rt Worth Meacham Int ernati ona l A irp ort Admini strati o n Building Offi ce Lease Agreeme nt Stature Av iati on, LLC -Suite L2 6 Page 10 of 14 and successors in interest, as to the matters contained herein. Any pri , r or contemporaneous oral or written agreement is hereby declared null and void to the xtent in conflict with any provisions of this Lease. The terms and conditions of this Leas shall not be amended unless agreed to in writing by both parties and approved b the City Council of Lessor. 32. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal autho1ty to execute this agreement on behalf of the respective party, and that such binding aut ority has been granted by proper order, resolution, ordinance or other authorization of the ntity. Each party is fully entitled to rely on these warranties and representations in enterin into this Agreement or any amendment hereto. [Signature Pages to Follow] Fort Worth Meacham International Airport Administration Building Office Lease Agreement Stature Aviation, LLC -Suite L26 Page 11 of 14 IN WITNESS ~F 0 he parties hereto have executed this Agreement in multiples on the 2-_ day of c,,/c , 2021. STATE OF TEXAS COUNTY OFT ARRANT § § s BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tex , on this day personally appeared Roger Venables , known to me to be the person whose n subscribed to the foregoing instrument, and acknowledged to me that the same was the act of th of Fort Worth and that he executed the same as the act of the City of Fort Worth for the p and consideration therein expressed and in the capacity therein stated. ER MY HAND AND SEAL OF OFFICE this J u_f ___.r.~~e:!!:!!!!!!!!!!:!!!!!!!!!!~~;,-_,_-2~02:::1:-. ~r~, ~tt;~r,:fi-:;., BARBARA JEANETTE GOODWIN ff·:.i.>~~ Notary Public. StatQ Tex&$ ;~· •• ~/~~ Comm . Expiros 09 -...::·:!.!0~2~3-1,1----i '-;;t~f;~,~ Notary ID 126732741 APPROVED AS TO FORM AND .LEGALITY: 4::. By~,,,, Assistant City Attorney M&C: NIA ATTEST: Fort Worth Meacham International A irport Adm ini stration Building Office Lease Agreement Stature Aviation, LL C -Suite L26 day OFFICIAL ECORD CITY SEC ETARY FT. WO H, TX Page 12 of 14 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 requireme ts. Real Property Manager Title LESSEE: STATU ATTEST: By: __________ _ STATE OF TEXAS § coUNTYoF Tu /l as § I BEFORE ME , the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared Hamp Reed , known to me to be the person whose name is subsdribed to the foregoing instrument, and acknowledged to me that the same was the act of ST A llURE AVIATION, LLC , and that he executed the same as the act of STATURE AVIATION, LLC, for the purposes and consideration therein expressed and, in the capacity, therein stated . I GIVEN UNDER MY HAND AND SEAL OF OFFICE this J r,/ day of M or cli ,2021. -=------ BRIANNA MCCOLLEY My Notary ID # 130541341 Expires February 16, 2024 Fo rt Worth Meacham Intern ati onal Airp ort Admini strati on Building Office Lease Agreement Stature Av iatio n, LLC - Suit e L26 OFFICIAL R CORD CllY SECR TARY FT. WORT , TX Page 13 of 14 EXHIBIT A TENANT SPAC E MEACHAM OFF ICE BUILDING FORT WORTH , TX Hahnfeld a r chitec ts Hoffer p l anners Stanford in t e r iors Fort Worth Meacham International Airport Administration Bu ild in g Office Lease Agreement Stature Aviation, LLC -Suite L26 •. 0 a 200 Bai ley A ve ., Su ite 00 F ort W orth , Texas 761 0 7 817 ,92 1 .5928 f ax 81 7,30 2 .0692 Page 14 of 14 FORT WORTH AVIATION ALUANCI:: • Mt:ACHAM • SPINKS INTEROFFICE MEMORANDUM TO: ROGER VENABLES, INTERIM AVIATION DIRECTOR FROM: DAVID COOKE , CITY MANA G ER SUBJECT: D E LEGATION OF APPROVAL AUTHORITY DATE: O CTOBER 26, 2020 CC: FERNANDO COSTA, ASSISTANT CITY MANAGER To facilitate operational efficiencies within the City of Fort Worth's Aviation Department, I am hereby designating Roger Venables, by this memorandum, and pursuant to the powers and duties granted to me by the Charter of the City of Fort Worth, as City Manager for the limited and sole-purpose of executing the following types of documents and any amendments or addenda thereto: 1. Month-to-month leases (e.g., Administration Building, T-Hangar, Community Hangar) (approximately 25-35 per year); 2 . Annual Leases (e.g., Administration Building, T-Hangar, Community Hangar) (approximately 12-20 per year); 3. Agreements with the Federal Aviation Administration (FAA) for access to FAA- owned and operated navigation equipment on airports (approximately 4 per year); 4 . Agreements with the Texas Commission on Environmental Quality (TCEQ) for air monitoring on airpoti properiy (1 every 5 years); 5. Documents from airpo11 tenants that do not obligate the City to terms and conditions and where no funds are expended (e.g.; Obligee Riders) (approximately 5 per year); 6. Fixed Based Operator (FBO), Self-Fueling and Operator permits issued by the Aviation Department (approximately 30 per year). This designation shall be effective on the above-stated date. I, or any future City Manager has the absolute right to terminate this designation, in whole or in part, for any reason whatsoever. This designation does not include any duties , obligations, rights to acting pay or compensation, benefits, or other privileges of an Assistant City Manager. I, or any other Assistant City Manager whom I may designate, will continue to have the authority to execute the above-stated documents or any amendments or addenda related thereto as authorized by the Charter and the Code of the City of Fort Worth. If you have any questions regarding the specific authority delegated herein, please contact me at your convenience. David~ City Manager Recommended By: Fernando Costa Assistant City Manager 2 of2 Thomas Royce Hansen Assistant City Attorney