HomeMy WebLinkAboutContract 33946 ETAR1C
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FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TERMINAL BUILDING OFFICE LEASE AGREEMENT
(MONTH-TO-MONTH)
This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made
and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation situated in Tarrant County, Texas acting by and through Marc Ott, its
duly authorized Assistant City Manager, and Epic Helicopters, LLC. ("Lessee"), a Texas
Limited Liability Corporation acting by and through Brian W. Dunaway Owner.
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. 724 square feet of carpeted first floor office space identified as Suite 109 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 the sum of Eight
Hundred Seventy Eight dollars and Fourty Five cents ($878.45). 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. A ten percent (10%) premium has been added to
and is included in Lessee's rental rate hereunder due to the month-to-month nature of this
Lease and in accordance with the Schedule of Rates and Charges. Prior to the Effective
Date of this Lease, Lessee shall pay one (1) month's rent in advance. In the event 'that
this Lease commences on a day 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 Revenue Office as set forth in Section 18. Rent shall be
considered past due if Lessor has not received full payment after the (10th) 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.
Upon execution of this Lease, Lessee will remit to Lessor a maintenance/damage deposit
("Deposit") equivalent to one month's rent. Thereafter, Lessee shall, at a minimum,
maintain its Deposit in an amount that is equivalent to its current monthly rental amount
for the Premises. However, Lessor may increase the amount of the Deposit to a
reasonable sum in excess of one month's rent. Lessee's failure to maintain its Deposit as
required shall constitute a breach of this Lease.
Lessee's Deposit shall be in the form of a cash payment. Lessee will not be entitled to any
interest on this Deposit. Unless Lessor terminates this Lease for any breach, default or
failure by Lessee, Lessor will refund any unused portion of this Deposit within thirty(30)
days following the date that Lessee vacates the Premises. Lessee acknowledges that if
Lessor terminates this Lease for any breach, default or failure by Lessee, Lessee shall
forfeit the entire balance of its Deposit.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of 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 Director of
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Airport Systems 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 Terminal. 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, 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.
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CITY S C,2�LAI,a
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 perform 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 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 night to perform 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.
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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 concerning the
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 Director of Airport Systems 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.
9. PARKING.
Lessee shall have the right to use the designated public parking areas and, to the extent
available and in accordance with policies established by the Director of Airport Systems or
authorized representative, to reserve parking space in the permit area known as Lot B on the north
side of the Terminal for the parking of company vehicles and the vehicles 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 by the Director of Airport Systems 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 Director of
Airport Systems 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 Director of Airport Systems or authorized representative as
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as to the sign's placement, appearance, construction, and conformity 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
Director of Airport Systems or authorized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
12.1. All fixtures and items permanently 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 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 night 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 night 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.
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12.6. Lessor covenants and agrees that during the term 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.
13.1. Types of Coverage and Limits.
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 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 Premises and for personal
property of Lessee or in Lessee's care, custody or control.
13.2. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter 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, on demand, provide Lessor with evidence that it has maintained
such coverage in full force and effect.
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13.4. 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 and to provide that no
material changes in coverage, including, but not limited to, cancellation, termination,
nonrenewal or amendment, shall be made without thirty (30) days' prior written notice to
Lessor.
14. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights 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.
15. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING
DEATH, TO ANYAND ALL PERSONS, OF ANYKIND 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 ANYRESULTING 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..
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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 FROMAND AGAINST ANY
AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR..
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.
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.
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18. 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:
For Rent: For All Other Matters:
City of Fort Worth Aviation Department
Revenue Office Meacham International Airport
1000 Throckmorton Street 4201 North Main, Suite 200
Fort Worth, Texas 76102-6312 Fort Worth, Texas 76106-2749
To LESSEE:
Epic Helicopters,LLC
Braian W. Dunaway
4201 N Main St. Suite 109
Fort Worth,TX 76106
19. ASSIGNMENT AND SUBLETTING.
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 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.
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 same 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 terminate 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 lien is discharged.
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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 permit 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, Fire and Health
Departments; all rules and regulations established by the Director of Airport Systems; 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, handicap, sex, sexual orientation or familial status. Lessee
further agrees for itself, its personal representatives, successors in interest and assigns that no
person shall be 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,
handicap, sex, sexual orientation or familial status.
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 times
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 permits
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 any action brought by Lessor for the enforcement of the obligations of Lessee, Lessor
shall be entitled to recover interest and reasonable 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.
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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. 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.
32. 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.
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INWIT vES" WHE��GF',the parties hereto have executed this Lease in multiples this
day of , _2006 ._
CITY OF FORT WORTH: Epic Helicopters, LLC.:
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By: By: �—�
Marc Ott BADIX. DunawqC�
Assistant City Manager pr-844eft
ATTEST: ATTEST:
By: By:
Marty Hendrix
City Secretary
APPROVED AS TO FORM AND LEGALITY:
es is a
Assistant City Attorney
M&C No.N/A none needed
14 'CITY JECI:I PY
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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 Mr. Brian W. Dunaway, 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 Epic Helicopters, LLC and that he executed the same as the act of Epic Helicopters,
LLC for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4:50day of
ADD*.
Notary Public in and for the State of Texas
-----------------------
p��.,"•VyA(n1 DONNA S WILLIAMS
STATE OF TEXAS § _;' NOTARY PUBLIC
*r State of Texas
COUNTY OF TARRANT § C0f"m.Exp.05'142010
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Marc Ott, 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 H vD AND SEAL OF OFFICE this 5 day of
co
HETTIE i-ANE otary Public in and for the State of Texas
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