HomeMy WebLinkAboutContract 34389C�i�`°( ; ECf�E�i�R�j
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FO1�T �VORT� �PINKS AIl�PORT
�I��r�� ��'ACE �,�r�S� AGI�EEI�EI�T
(I�ION�H-T�-1VIaN'�'H)
This HANGAR SPACE I_,EASE AGREEI�IENT ("Lease") is made and entered into by
and between the CI'I'�' �F F��T ��A'I'� ("Lessor"), a h�trie rule tliuiucipal corp�ration
situated in Tarrant County, Texas acting by and through Marc Ott, its duly authorized Assistant
City Manager, and D�le Roieni; ("Lessee"), an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PR(3PERT'Y LEASED.
Lessor demises and leases to Lessee the follou�ing real prop�rty hereinaft�r r�ferred to as
("Premises") at Fort Worth Spinks Airport ("Airport") in Fort Worth, Tarrant County, Texas.
Covr�r+nKnia-y iiAn9qr 30.
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the clate of its
execution. This Lease will �utamatically renew on the first (lst) day of each manth 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 s�ach tPrmination.
3. �N'T.
3.1. Amount.
Lessee shall pay Lessor as mont��ly rer.t %t- trie Pretruses the surn of $180.00 t•ental
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 tlus Lease comsnences on a
day other than the first (lst) day of any given month, the first month's rental payinent shall
be prorated in accardance with the number of days remaining in that month.
3.2. Pavment Dates anc� L�te �'ees.
All monthly rent payments under this Lease are due on or before the first (lst) day
of each month. 1 ayments must be received during normal working hours by the due date
at the l�cati�n f�r T,e�s�r's Revenue nffice �s set f�rth in Secti�n 1 A ��-�—be
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considered past due if Lessor has not received full payment after the (lOth) 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. MAIl�TENr�l�CE AND REPAIliS.
4.1. lO�Iainienance and �2euai�°s bv I,essorr.
Lessor agrees to perform minor repairs anci maintenance on a timely basis
as required by the ordinary use of the Premises under the terms of this Lease and which
ai•e not caused by any violation thereof by Lessee. Lessoi• shall have the right and
privilege, through its afficers, agents, servants �r employees to ?nspect thP Premises at any
time. If Lessor determines that Lessee is i-esponsible 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) calericiar days of receipt af 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 r-eimburse 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.
4.2. IVI�intenance and Renairs bv 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 n�t allow any hol�s tc� 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 ar unsightly. Upon termination of this Lease, Lessee agrees to
return the Prernises to Lessar 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, subconti•actors, patroris, licetisees, irlvitees or tres�assers.
4.3. Ins[�eetion.
Lessor, through its officers, agents, servants ar emplayees, reseives the right to
enter the Preinises at any time in order to perform any and all duties or obligations which
Lessor is author-ized or rec�uired to cio under the terms oi ���is Lease ar to pe;form its
governmental duties under federal, state or local rules, regulations and laws (including, but
not limited ta, inspections under applicable Health, Mechanical, Buildi ___ElP ,tri .
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Plumbing, and Fire Codes, or other health, safety and general welfare regulations). Lessee
will permit the Fire Ivlarshal of the City of Fort VVorth or his agents to make inspection of
the Premises at any time, and Lessee will camply 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 �ode and Building Code provisions regarding fire safety, as such
provisions e�st or may hereafter be added oi- amended. Lessee shall maintain in a proper
condition accessible fire e�inguishers of a number �nd type approv�d by Fire
Underwriters for the particular hazard involved. Lessor shall provide Lessee with advance
notice of inspection when reasonable under the circumstances.
5. ACCEPTANCE OF PREMISES.
5.1. Asbestos fSb��enie�it r�ciivities.
Lessee crcl�no�vledge,s the exister�ce of crsbesto,s-contai�zing m�rter•ial or7 the
Pf•en�ises. After investigation by Lessor, Lessor represents that, to the best of its
knov�ledge, asbestos-containing materials Pxist �n the PremisP� to the extent identified in
Lessor's Level �I 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
rpurposes. Lessee covenants and agr�es to c�mply witli ali federal, state and local laws
and regulations, now in e�stence or promulgated in the future, which pertain to asbestos
containing rnaterials. Lessee covenants and �grees to caap�rate fully with any �sbestos
abatement activity plan or asbestos o�erations 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 Prerruses or of any other activity, which rnight disturb asbestos-contairling rnaterials.
Lessee agrees that it shall be solely responsible for all expenses of such activities. Lessor
retains th� night to perform or cause to be performed air sampl'ulg on the Aremises
to check for the presence of airborne asbestos fibers. Lessee a�rees to allaw Lessor fiill
access to the Premises to perfortn such tests. Lessor will make the results of any such
tests available to Lessee at Lessee's request.
5.2. Lessee's Accentance of Premises.
Les�ee agrees and covenants that it has inspected the Preinises and is fully advised
of its own rights without reliance upon any representation made by Lessor concerning the
condition of the Pretnises. Lessee acce�ts the Pre�7uses in its present co�dition as
satisfactory for all purposes set forth in this Lease.
6. CONSTRUCTION AND IlVIPROVEldiENTS.
Lessee may not undertalce or allaw any party to undertake ar�y kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and receives
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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 amendeci.
7. PAI2KING.
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 repr�sentative.
8. USE OF PId�MISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related
commercial activities. It is specifically agreed and stipul�ted that the following concessions are
prohibited under this Lease, unle�s specifically approved by th� Director o� Airpori Systems or
authorized representative: (i) ground transportation for- hire; (ii) motor velucle rental, including
t�xs �nci litnot�sin� service; (iii) fooci sales; (iv} b�rber and val�t s�ivices; (v) alcoholic beverage
sales; and (vi) aviation-related sales of pilot supplies.
9. SIGNS.
Lessee may, at its own e�pense and with the prior written approval of the Director of
Airport Systems or authorized representative, create, install and maintain signs in the Terminal
ifldicating Lessee's business. Suc�� s�gns, howeve��, must �ie in keeping with the size, color,
location and n�anner of display of other signs throughout the Terminal. In addition, Lessee may,
at its own expense, m�ke, install and maintain a sign outsicle the Terminal on Lessor's property
subject to prior written approval by the Director of Airport Systems or authorized representative
as to the sign's placement, appearance, canstruction, 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
DiYector o�'Airport S�stems or auih�ri�eci representative.
10. RIGHTS AND RE�ERVATIONS OF LES�OR.
Lessor hereby retains the following rights and reseivations:
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10.1. 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.
10.2. Lessor reserves tlle right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not liinited to,
the right to prevent Lessee froir. erecting or pernutting to �e 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 e�sting or
futur� avigational or navigational aids user_l a.t the Airpor-t.
10.3. Lessor reserves the tiight to close temporarily the Airport or any of its facilities
for maintenance, improvements, safety or security of either the Airport or the
puhlic, or for any other cause deemed necessary by Lessor. In this event, Lessor
shall in no w�y be liable for any damages asserted by Lessee, including, but not
litnited to, darYlages from an alleged disruptiori of Lessee's business opet-a�ions.
�0.4. This Lease shall be subordinate to the pravisions 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.
10.5. During any war or national emergency, Lessor shall have the night to lease any
part of the Airport, incl�ding its landing area, to the TJnited States Government. In
this evetlt, any provisiotls of �lus itistrutnent W�llCIl 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, notl�ing in this Lease shall prevent Lessee from pursuing any rights it
ma5� have for reir.lbursement from the United States CToverrunent.
10.6. Lessor covenants and agrees that durit�g the term of this Lease it will operate
and maintain the Airport and its f�cilities as a pt�blic �.irport 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 �rivileges her�under shall be subordinate to tl�e S�onsor's
Assurances.
11. INSI]RANCE.
11.1. 'I'yp�s of Covea��ge and Limits.
Lessee shall procure and rnaintain 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
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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 "A", the "City of Fort Worth Aviation Insurance Requirements"
attacheci hereto and made part of fihis Lease for all purposes.
In addition, Lessee shall be responsible for all insurance to any approved
construction, improvements, mociifications ar renovations on or to the Premises and for
personal property of Lessee or in Lessee's care, custody or control.
11.2. Adiustments to Reauired Cover��e �nd Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, ar�d Lessee
will accordi�igly cotnply with such new rec�uiremeflts within tlurty {30) ciays following
notice to Lessee.
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor ��ith a certificate of insurance signpd 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
insur�nce 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 fiill force and effect.
11e4. Additional �equireme�ats.
Lessee shall maint�in 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,
terrnination, nonrenewal or amendment, shall be rnade without thirty (30) days' prior
written notice to Lessor.
12. IllTI)EPEl�DENT CONT�dACTOR.
It is expressly understood and agreed that Lessee shall operate as an inclependent
contractor as to all rights and privileges granted herein, and not as an agent, representative or
emplo�ee of L�ssor. Lessee shall have the excl�rsive righti to contt�ol �he details of ifs dper�icions
and activities on the Premises and shall be solely responsible for the acts and oirussions of its
offi��rs, ag�nts, s�ivants, ernploy��s, contractc�rs, subcontractors, p�trons, license�s �nd invit�es.
Lessee acknowledges that the doctrine of r�espor�de�rt strper•ror� shall not apply as between Lessor
and Lessee, its officers, agents, employees, contractors and subcontractors. Lessee further agrees
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that nothing herein shall be construed as the creation of a partnership or joint enterprise between
Lessor and Lessee.
13. INl)EMI�TIFICATION.
LESSEE HEREBY ASSI_IMES ALL LIABILITY AND RESPONSIBILITI' FOR
PROPERTY LOSS, PROPERTY DAMAGE ARrD/OR PERSONAL INJURY OF ANY KIND,
IIICLUDING DEATI�, TO ANYAND A_LL PERSONS, OF A�JI' �IND OR eHARACTER,
WHETHER REAL OR ASSERTED, ARISINU OUT OF OR IN C,�'ONNECTION WITH THE USE
OF THE AIRPORT UIVDER THIS LEASE OR YPITH THE LEASING, MAINTENANCE, USE,
OCCUPANCY, EXISTENCE OR LOCATION OF THE PRF,NIISE,S; EXCEPT TO THE �XTENT
CA USED BY THE NEGLIUENT ACTS OR OMISSIONS OR INTENTIONAL NIISCOND UC.'T
OF LESSOR.
LESSEE C(�VENANTS AND AGRE�S 7'O, AND DOES HEREBY, IND _F,A�NIFY,
HOLD HARMLESS AND DEFEND LE,S'SOR, ITS OFFICERS; A�ENTS; SERVANTS AN�
FMPLOYEES, F1ZOM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LQSS (INCL UDING ALLEGED DAMAGE OR LOSS TQ LESSEE'S
BUSINESS AND AIVYFcESU�TIN� LOST PROFITS) AND/OR FERSONAL INJURY,
INC�UDING DEATH, TO ANY AND ALL PERS'QNS, OF ANY KIND OR CI�AI�4CTER,
T�HETHER REAL OR ASSERTED, ARISING O UT OF OR IN CONNECTION YYITH THE USE
OF THE AIRPORT ZINDER THIS LEASE OR WITH THE LEASING, A�IAINTENANCE, USE,
OCCUPANCY, EXIS'TENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTL'NT
CAUSFD BY T�IE NEGLIGE_NT ACTS OR 011�ISSIQNS ORIN'_7ENTTONAT 11�IISCONDUCT
OF LESSOR..
LESSEE ASSUII�IES ALL RESPONSIBILITYAND AGREES TO PAYLESSOR FOR ANY
AND ALL IllTJURY OR DANIAGE TO LESSOR`S PIZOPEI�TY WHICH ARISES DUT OF OR
IN CONNECTION WITH ANY AND ALL AC�'S OR OMISSIDNS OF LESSEE, ITS OFFICERS,
AC�ENTS; FMPLOYEES, CONTRACTORS, SUBCONTRACTORS; LICENSEES, INVI'IEES,
P�i TRONS aR TRESPA�S:SYERS, EXCEPT TO THE EXTENT C`A IISED BY THE NEGLI�ENT
ACTS OR OMISSIONS OR INTENTIONAL 11�IISCOND ZIC'l O�' LESSOR.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE �R ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR IN,IURY TO ANY PERSDIlr ON
Z'�F P1ZE'MISFS �1R FOR �IA1Zl�1 T'O ANY P�ZO�'�'1�TY I�i��iICH �EIONGS TO �,ESS�'E, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTIZ�4CTJRS; S'UBCUNTI�ICTORS,
LICENSEES, INVITEES OR PATR�NS, AND WHICH MAY BE STOLEN, DESTROYED OR IN
�1NY i�IAY D�1[�d�1GEI�; AN17 LESSEE HEREBY INDEMNIFIES AND I�OLDS I�ARMLESS
LESS�R, ITS OTFICERS, AGLNTS, SERVANTS AND TMPLOY��S FROM AND AGAINST
AIVY AND ALL SUCH C.�`LAIMS, EXCEPT TO THE EXTENT C�'A USED BY THE NFGLIGENT
AC'TS OR OIufISSlONS OR INTENTIONAL I�IISC�'OND UCT OF �ESSOR. .
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14. �VAIVE�t OF CHA�ITr°�BLE I1VIM'UNIT�' 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 praperty d�.mage or
personal damage, injury or death, Lessee hereby expressly waives its rights to plead defensively
any such immunity or exemption as against Lessor.
15. TERIVTINATION.
U�on 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 Prenuses and all ap�urtenances and improvemerlts thereon irl good order and repair and
in the same condition as e�sted at the tir�ie 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 atry and all parties remaining on any part of the Prerruses without fiu-ther 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 witlun or upon the Premises without being
liable therefor. L�ssee agrePs that it will assei�t no claim of any kind against Lessor, its a�ents,
seivants, em�loyees 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.
16. N�'I'ICES>
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, em�loyees, servants
or representatives, or (2) deposited in the Uruted States Mail, post�ge prepaid, addressed as
follows:
'I'o �,ES��It:
F�r �eaai:
City of Fort Worth
Revenue Office
PO Box 976
Fort Worth, Texas 76101-09i6
To LESSEE:
Dale Rolen
2009 Gladewood Drive
Midl�nd, Texas 7�707
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Far All �ther 1l�atters:
Aviation Depai�tment
Meacham International Airport
4201 North Main, Suite 200
Fort Worth, Texas 76106-2i36
17. �SSIGl�tIVIENT AND SUBLETTIl�G.
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 attetnpted t�y Lessee without �t�ior vvt-itten consent by Lessof shall be null aiid void. If
Lessor consents to atry such transaction, the respective assignee or sublessee shall consent to
�c�mply in Writing with all terms and �onditions s�t forth in tlus Lease the same as if that ��arty had
originally executed this Lease.
18. LIEI�TS BY LE�SEE.
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 witlun 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
terniinate this Lease immediately. However, Lessee's financial obligation to Lessor to liquidate
and discharge such lien sha11 continue in effect following termination of this Lease and unt�il such a
tim� as the lien is dischargEd.
19. TAXES AND r�SSESSMEN'I'S.
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 placeci on the Fremises by Lessee as a result of its occup�ncy.
20. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIQl�S.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not �ermit its officers, agents, servants, employees, contractors,
subcontractors, patrons, IicensEes or ir�vitees to e�igage in afiy unlawful use of the Prenuses 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 ordin�nces, rules and
regulations of the City of Fort VVorth and the City of �ort Worth Police, Fire and Health
Departments; all rules and regulations established by the Director of Airport System � ,��-�;;��;-.
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and regulations adopted by the City Council pertaining to the conduct required at airports owned
anci 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 oi such laws, ordinances, rules
or regulations, Lessee shall immediately desist from and correct the violation.
23. 1`d01�-�2ISCR�Il�1f3TION COVEl�A1�1T.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant n�nning 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, coloi•, natiot�al origin, religioii, handicap, se�, sexual orientation or fatnilial status. Lessee
fui�ther agrees for itself, its personal representatives, successors in interest and assigns that no
person shall be excluded from the pravision of any services on or in the construction of any
improvements or alterations to th� Premises on grounds of rac�, color, national origin, reli�ion,
handicap, sex, se�al orientation or familial status.
Lessee agrees to furnish its accommodations and to price its �oods and services on a fair
and equal basis to aIl persons. In addition, Lessee covenants and ag�•ees that it will at all times
comply with any requireinents iinposed by or pursuant to Title 49 of the Code of Fed�ral
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 arise� 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 Lessar harmless.
2�. LI��N��S AND PE��TS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and pertnits
necessary for the operation of its business at the Airport.
25. GQ�1�21�T1!'d�N�'t�L P���'E�S.
It is uncierstood ancl agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
25. NO �'6'AIYF'�Z.
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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 performatice or to assert arry such right on any future occasion.
27. VEl�TUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
tlus 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 fdr the Northern District of Texas,
Fort Worth Division. This Lease shall be construed in accordance with the laws of the State of
Texus.
28. A'TT�RNEYS' FEES.
In any a�tion brought by Lessor for the enfof-cement of the obligations of Lessee, Lessor
shall be entitled to recover interest and reasonable attorneys' fees.
29. SE��B�,IT�'.
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
im�aired.
30. �'ORC� Nd�.TEU�dE.
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 tl�eir reasonable control, including, but
not limited to, compliance with any government law, ordinance or regulation, acts of Goci, acts of
omission, fires, strikes, lockouts, national disasters, «�ars, riots, material or labor restrictions by
any governmental authority, transportation problems and/or any other cause beyond the
reasonable control of the pai-ties.
31. HEADINGS NOT COl<TTROI,LING.
Headings and titles used in this Lease ai-e for reference purposes only and shall not be
deemed a part of this Lease.
32. JEl�TIl�'I'Y OF AG�EIl�EIV'I'.
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This written instrument, including any documents incorporated herein by reference,
contains the ei�tire understanding and agreement between Lessor and Le�see, its assigns and
successors in interest, as to the matters contained herein. Any prior or• contemporaneous or�al 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.
� IN WITNESS VV�HEREO�', the parties hereto ha�e executed tlus Lease in tnultiples tlus
� day of %�p tl�-,�✓" , ZO�.
C��'�' O�' FOIa'I' WO�TH: LESuE�:
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By: -.y
Marc Jtt
Assistant City Maiiager
A � T�ST:
By:
Ivlarty Hencirix
City 5ecretary -- - _ --
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L�pPR�J��EI3 E�S T� �'ORM E11VD I,E('iE�I,I�':
�'�' � _
Maleshia �. arrner
Assistant City Attorney
12
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By:
ATTEST:
:
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ST�TE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersign�jd authorit�, a Notary Public in and for the State of Texas,
on this day per•sonally appeai•ed,`^JY��1�- �(�tl�i�l known to me to be the person
whose name is subscribed ,o the foregoi��g instrument, and ackno�vledged to me that the same
was the act of '' (,J �P.L ' and that he executed the same as the act of
�'� for the purposes and consideration_therein expressed and in
the ca it thereiri stated.
GIVEN UNDER Nl�' H�ND AND �EAL OF OFFICE this � day of
pV���✓1 - �� � 20��
.� � �
—C (-n,U v(L% -�'1{�� --�----,
Notary Public in and fo the St�,te of Texas
STATE OF TEXAS § ���oo�iA
�N?�i. ZO�o w
COiJNTY OF TARR.ANT �
BEFORE 1ViE, the undersigned authority, a�Totary Public in and for the State of Texas,
on tlus day personally appeared Marc �tt, kiiown to tne to be the person whose name is
s��bscribecl to the foreg�ing instrutnent, and ackno«,7ledged to me that the saine ���as the act of the
CITY OF F'ORT WORTH and that he executed the same as the act of the CIT� �F FORT
WORTH for the purposes and co.lsideration tl�erein expressed and in the capacity tlierein stated.
GIVEN ITNDER MY HAND AND �EAL �F OFFICE this �az�� day of
�,� i,,,��,;:ti 20�.
i ;=gti�'•�e�'�;; ROSELIABAANES
'' _*:�{�; MY COMMISSION EXPIRES �.���� i���(%�� %`-�)f_ C(��.n.-Lo .���
:-I""' �� ��'' �'�' 31' � Notary Public in and for the State of Texas
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