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HomeMy WebLinkAboutContract 44994 (2)©fiyy SECRLyy1ARcoNrwmcr�o. ��i�� FORT WORTH MEACHAM INTERNATIONAL AIRPORT SIGN LICENSE AGREEMENT (MONTH TO MONTH) This SIGN LICENSE AGREEMENT ("AGREEMENT") is entered into by and between the CITY OF FORT WORTH ("Licensor"), a Texas home rule municipal corporation acting by and through Fernando Costa, its duly authorized Assistant City Manager, and FW American Aero Operating Company, LLC ("Licensee"), a Delaware limited liability company acting by and through Robert Agostino, its duly authorized Vice 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 Meacham International Airport ("Airport"). The Licensor also owns a sign that identifies the Airport at the entrance to the terminal building area at the Airport ("Terminal Sign"). This Terminal Sign has six (6) spaces available for the display of removable sign panels. B. Licensee occupies rental or concession space in the terminal building at the Airport. Licensee desires to rent one of the sign spaces on the Terminal 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 October 15, 2013 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 each sign space shall be $47.00 per month as provided by Licensor's Schedule of Rates and Charges. A sign space shall include two sign panels, one on each side of the Terminal 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's Department shall invoice Licensee each month, and such rent shall be due by the 10th of each month. Rent not received by the 10th of the month shall be subject to a 10% late penalty. tk ©Primp, timcnign Pargior ; FW American Aero License Agreement Page 1 of 4 RECEIVED D T16 2tJkS i' r1 �:������ LI �► �, 1i 1r,� 3. Sign Construction, Installation and Maintenance. Each sign panel shall measure 15 '/2" x 52" with a thickness up to 3/16" 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 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 Airport Systems Director or authorized representative. 4. Sign Placement Order. The City of Fort Worth Aviation Depai lucent shall have sole control of the placement order in which sign panels are located in the six slots on the Terminal 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. [Signature Pages Follow] LW American Aero Sign License Agreement Page 2 of 4 IN WITNESS WHE OF, the parties hereto have executed this Agreement in multiples on this the ���ay of &%��yL , 2013. CITY OF FORT WORTH: By: �l/!7'JRHOp Fernando Costa Assistant City Manager Date: /DS4/43 STATE OF TEXAS COUNTY OF TARRANT qv/ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /5--- day (ISO �P. �— , 2013. rj 1 • AEI. • L� 111144 a.•. Ptis,, EVONIA DANIELS ._ Notary Public, State of Texas ;a: :4 My Commission Expires n,;i'of• t July 10, 2017 .•101.i. ..I APPROVED AS TO FORM AND LEGALITY: By: Charlene Sanders Assistant City Attorney M&C: None Required FW American Aero Sign License Agreement Page 3 of 4 Notary Public in and for the State of Texas ATTEST: B Mary J. k , sef City Secretary Cf OFFICIAL ECORD MTV SECRMTIWW k. � i WORTH, TX LESSEE: FW AMERICAN AERO OPERATING COMPANY, LLC ATTEST: By: L. By. Win Robert Ago no, Vice President Date: io go/ 3 • STATE OF TEXAS COUNTY Orri r ram. ,1 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert Agostino, 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 FW American Aero Operating Company, LLC and that he executed the same as the act of FW American Aero Operating Company, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �4 k day cr\- o be , 2013 . CHRIS YOUNG NOTARY PUBUC STATE OF TEXAS My Comm. Exp. 02.1 602015 j, " l,4,, Lialt ' , 46 "4 u FW American Aero Sign License Agreement Page4of4 L 1r, Notary Public in and or th State of Texas