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HomeMy WebLinkAboutContract 58629 CSC No. 58629 FORT WORTH SPINKS AIRPORT SIGN LICENSE AGREEMENT (MONTH TO MONTH) This SIGN LICENSE AGREEMENT ("AGREEMENT") 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 Roger Venables, its duly authorized Aviation Systems Director, and SKYCRAFT MANAGEMENT, LLC ("Lessee"), acting by and through BRIAN BURSEY, its duly authorized PRESIDENT. The following introductory statements are true and correct and form the basis of this agreement. RECITALS A. The Licensor owns and operates Fort Worth Spinks 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 term of this Agreement shall commence on December 1,2022 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 I Oth of the month shall be subject to a 10%late penalty. 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 Sign License Agreement—Fort Worth Spinks Airport OFFICIAL RECORD Skycraft Management,LLC Pagel of 4 CITY SECRETARY FT.WORTH,TX 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. Sign License Agreement—Fort Worth Spinks Airport Skycraft Management,LLC Page 2 of 4 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the /0, VA-ay of t ,� ,2022. CITY OF FOR TH: R g •Vei able Aviation Syste irector 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 ND AND SEAL OF OFFICE this vl day c 0 M ,2022. IINDSEY DENISE CROCKER Notary Public,state of texas tart'Public in and for a State of Texas Z Comm.Expires 02-07-2026 •....•+ Notary ID 133573854 �,dp4n4gb oo�FORr o ��d °°° °°°0yao � APPROVED AS TO FORM ATTEST: ~�% °0 coo 10 a � d AND LEGALITY: P�* °°0000000°°a �GL`l`12��2 c� C7000t�GLLG alb nEXA`JaoAp By: P u/2 By: Jana, Thomas Royce Hansen Jannette S. Goodall Assistant City Attorney City Secretary M&C: Not Required _ V OFFICIAL RECORD Sign License Agreement—Fort Worth Spinks Airport CITY SECRETARY Skycraft Management,LLC Page 3 of 4 FT.WORTH,TX 3 i 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. Barbara Goodwin Real Property Manager LESSEE: ATTEST: SKYC A NT,LLC By: By: -------- President / �? Date: la- STATE OF TEXAS § COUNTY OF J )I P BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Brian Bursey, 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 SKYCRAFT MANAGEMENT, LLC and that he executed the same as the act of SKYCRAFT MANAGEMENT, LLC for the purposes and consideration therein expressed and in the capacity therein stated. n GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of OG[ Gme(.f —" ,2022. o�PpY PGe! HOLLY ZERTUCHE Notary Public Notary P is in and for the State of Texas *®* State of Texas �J9rFOF���eyMy Comm,Expires 02 05-2026 Sign License Agreement—Fort Worth Spinks Airport Skycraft Management,LLC Page 4 of 4 4