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HomeMy WebLinkAboutContract 58506 CSC No. 58506 NON-EXCLUSIVE ADMINISTRATION BUILDING SHARE'D OFFICE SPACE LICENSE FORT WORTH MEACHAM INTERNATIONAL AIRPORT This NON-EXCLUSIVE ADMINISTRATION BUILDING OFFICE SPACE LICENSE AGREEMENT ("License") is made and entered into by and between the CITY OF FORT WORTH ("Licensor"), a home rule municipal corporation under the State of Texas, acting by and through ROGER VENABLES, its duly authorized Aviation Systems Director, and COFFEE CRAFTERS OF TEXAS, LLC ("Licensee"), a Texas limited liability company acting by and through Alan B. McCaa, its duly authorized Chief Executive Officer. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. LICENSED PREIVUSES; USE. 1.1 Licensed Premises. For the Term specified in Section 2 below, and any extensions thereof, City grants to Licensee, the non-exclusive right to enter upon, in, and around the following real property in the Administration Building ("Admin Building") at Fort Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant County, Texas: approximately 36 square feet of shared office space ("Office Space")identified as Suite L01D, Lower Level, all permitted areas more specifically identified in the attached Exhibit"A" ("Licensed Premises")for the purposes of office and business related work as well as for access to postal services and use of mailboxes located on the Lower Level in the hallway across from the Licensed Premises. The assigned mailbox number for this license is Box No.46. The Licensed Premises will not be used for any other purpose without the express written consent of the City in the form of an Amendment between the parties to this License. 1.2 Use. The use of the Licensed Premises is not exclusive and it is possible that multiple licensees will be granted access for a similar use throughout the Term. Therefore, the use of the Licensed Premises for office and business-related work will require an appointment prior to use by submitting a request to Licensor's Real Property Manager ("Property Manager") at AVI MeachamAdminOmfortworthtexas.gov. Licensee will only be entitled to access the Licensed Premises upon receiving a confirmation email from the Property Manager(or designee) confirming access for the times requested. If there are conflicts in the timeframes requested by Licensee for the use of the Licensed Premises,the Licensor will provide alternative time periods of availability. Time periods for use can be scheduled up to a week in advance for up to 3-hour blocks. Any appropriately scheduled time period for use of the Licensed Premises, scheduled using the process laid out above, will be considered a"License Period". Use of the designated mailboxes will be available at all times throughout the Term and no appointment for a License Period will be necessary for such access. Licensee has a non-exclusive right to use of common areas within the Admin Building, which include, but are not limited to, restrooms, elevators, stairways, lobbies, corridors, walkways, entrances, and sidewalks during the Term. Licensee recognizes that other areas within the Admin Building may be licensed concurrently to other parties. Shared Office Space License Agreement bew,een the City of Fort Worth and Coffee Crafter of Texas,LLC - 1 - OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1.3 Parkins:. Any vehicles used by Licensee or Licensee's employees will be parked within the general public parking at the Admin Building as more specifically identified in the attached Exhibit A. Said vehicles will not be permitted to park under any covered parking or parking that has been reserved or leased by other tenants at the Airport. 2. TERM OF LICENSE. This License shall commence on the date of its execution("Effective Date") and continue on a month-to-month basis until either party terminates this License, for any reason, by providing the other party with not less than 30-days written notice prior to the effective date of such termination ("Tenn"). 3. LICENSE FEE, TIME OF THE ESSENCE. 3.1. License Fee. Licensee will pay Licensor a license fee of$40.00 per month for the right to use the Licensed Premises on a non-exclusive basis for scheduled License Periods during the Term ("License Fee"). 3.2. Payment Dates and Late Fees. Monthly payments under-this License are due on or before the first(1") day of each month. The License Fee shall be considered past due if Licensor has not received full payment on or before the 101' day of the month for which payment is due. Licensor will assess a late penalty charge of ten percent(10%) per month on top of the entire month's License Fee for each month in which any payments are past due. 4. CONDITION OF LICENSED PREMISES. Licensee taking possession of the Licensed Premises shall be conclusive evidence that (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b) Licensee waives any and all defects in and to the Licensed Premises, its appurtenances, and in all the appurtenances thereto. Further,Licensee takes the Licensed Premises and all appurtenances in "AS IS" condition without warranty, expressed or implied, on the part of Licensor.Licensor shall not be liable to Licensee,Licensee's agents,employees,invitees,licensees,or guests for any damage to any person or property due to the Licensed Premises or any part of any appurtenance thereof being improperly constructed or being or becoming in disrepair. 5. UTILITIES. Licensor agrees and covenants that it will pay for all utilities in use on the Premises, with the exception of telephone utilities and internet service. Licensee will have access to the Licensor's general public WIFI internet access on the Licensed Premises. Licensee agrees that all electrically- operated equipment which may be used on the Premises shall fully comply with the City of Shared Office Space License Agreement between the City of Fort Worth and Coffee Crafter of Texas,LLC -2- Fort Worth Mechanical,Electrical,Plumbing,Fire and Building Codes,as they exist or may hereafter be amended. 6. ALTERATIONS,ADDITIONS,IMPROVEMENTS,AND SIGNAGE. Licensee shall make no alterations on or additions to, the Licensed Premises and must remove any personal property at the end of each use of the Licensed Premises. At no point will Licensee be permitted to leave any personal property,including trash,within the Licensed Premises during times in which the Licensed Premises is not being utilized by Licensee. At the termination of this License, whether by lapse of time or otherwise, Licensee shall (i) deliver the Premises to City in its then "as-is" condition, but in no worse condition than as of the date of the taking of possession thereof by Licensee, subject only to ordinary wear and tear and damage caused by casualty or condemnation and (ii) make any repairs to the Premises as needed in order to comply with the provisions of Section 13 below. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Licensee shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of Licensor. Licensee shall have the exclusive right to control the details of its operations and activities on the Licensed Premises during the times Licensee is permitted to occupy the Licensed Premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors,patrons,licensees and invitees. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between Licensor and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between Licensor and Licensee. 8. INDEMNITY. LICENSEE HEREBY ASSUMESALL LIABILITYAND RESPONSIBILITYFOR PROPERTY LOSS, PROPERTYDAMAGEANDIOR PERSONAL INJURY OFANYKIND,INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LICENSE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THELICENSED PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. LICENSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO LICENSEE'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING O UT OF OR IN CONNECTION WITH THE USE OF THE AIRPORT UNDER THIS LICENSE OR WITH THE LICENSING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE LICENSED PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE Shared Office Space License Agreement between the Cit},of Fort Worth and Coffee Crafter of Texas,LLC -3 - NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR FOR ANY AND ALL INJURY OR DAMAGE TO LICENSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, 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 LICENSOR. LICENSOR DOES NOT GUARANTEE POLICE PROTECTION TO LICENSEE OR ITS PROPERTY. LICENSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON THE LICENSED PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAYBE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LICENSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR. 9. INSURANCE. Licensee 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 Licensed Premises. Licensee shall obtain the required insurance specified to be maintained by a commercial tenant in accordance with Exhibit "B", the "City of Fort Worth Aviation Insurance Requirements" attached hereto and made part of this License for all purposes. In addition, Licensee shall be responsible for all insurance to construction, improvements, modifications or renovations to the Licensed Premises and for personal property of its own or in its care, custody or control. 9.1. Adjustments to Required Coverage and Limits. Insurance requirements, including additional types of coverage and increased limits on existing coverages, are subject to change at Licensors option and as necessary to cover Licensee's and any agent of Licensee's operations at the Airport. Licensee will accordingly comply with such new requirements within thirty(30)days following notice to Licensee. 9.2 Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as more particularly set forth in Exhibit "B", which is attached hereto and incorporated herein for all put-poses. 9.3 As a condition precedent to the effectiveness of this License, Licensee shall furnish Licensor- with appropriate certificates of insurance signed by the respective insurance Shared Office Space License Agreement betiwen the City of Fort Worth and Coffee Crafter of Texas,LLC -4- companies as proof that it has obtained the types and amounts of insurance coverage required herein. Licensee hereby covenants and agrees that not less than thirty(30)days prior to the expiration of any insurance policy required hereunder, it shall provide Licensor with a new or renewal certificate of insurance. In addition, Licensee shall, at Licensor's request, provide Licensor with evidence that it has maintained such coverage in full force and effect. 10. RIGHTS AND RESERVATIONS OF LICENSOR. Licensor hereby retains the following rights and reservations: 10.1. All fixtures and items permanently attached to the Licensed Premises belong to Licensor, and any additions or alterations made thereon shall immediately become the property of Licensor. 10.2. Licensor reserves the right to close temporarily the Airport,the Admin Building, 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 Licensor. In this event,Licensor shall in no way be liable for any damages asserted by Licensee,including,but not limited to,damages from an alleged disruption of Licensee's business operations. 10.3. This License shall be subordinate to the provisions of any existing or future agreement between Licensor 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. 10.4. During any war or national emergency,Licensor shall have the right to lease any part of the Airport, including its landing area, to the United States Government. In this event, any provisions of this License which are inconsistent with the provisions of the lease to the Government shall be suspended. Licensor shall not be liable for any loss or damages alleged by Licensee as a result of this action. However,nothing in this License shall prevent Licensee from pursuing any rights it may have for reimbursement from the United States Government. 10.5 Licensee's rights hereunder shall be subject to all existing and future utility easements and rights-of-way granted by Licensor for the installation, maintenance, inspection, repair or removal of facilities owned by operated by electric, gas, water, sewer, communication or other utility companies. Licensee's rights shall additionally be subject to all tights granted by all ordinances or statutes which allow such utility companies to use publicly-owned property for the provision of utility services. 10.6. Licensor covenants and agrees that during the term of this License it will operate and maintain the Airport and facilities public � po its f c a t es as a pub cairport consistent with and pursuant to the Sponsor's Assurances given by Licensor to the United States Govermnent through the Federal Airport Act; and Licensee agrees that this License and Licensee's rights and privileges hereunder shall be subordinate to the Sponsor's Assurances. Shared Office Space License Agreement betiwen the City of Fort Worth and Coffee Crafter of Texas,LLC -5- 11. SURRENDER; ABANDONED PROPERTY. As previously stated within this License, Licensee is not permitted to keep personal property within the Licensed Premises at any time in which the Licensed Premises is not currently being utilized by Licensee. In the event there is any personal property of Licensee remaining at the end of the License, if the personal property is not promptly removed by Licensee from the Premises within ten(10) days after the termination of this License, whether termination shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been abandoned by Licensee to City. Upon expiration or earlier termination of the Term of this License, Licensee will surrender the Premises in its then "as-is" condition, but in no worse condition than as of the commencement date of the License Term, ordinary wear and tear and casualty excepted. 12. ASSIGNMENT AND SUBLETTING. Licensee shall not assign this License, or any right of Licensee under this License, or sublicense the Premises, for consideration or no consideration,whether voluntarily,by operation of law,or otherwise,and any attempt to do so shall be void; all provided that Licensee's employees, contractors and agents may use the Premises in accordance with the terms and provisions hereof. 13. DAMAGE TO PREMISES OR PROPERTY OF CITY. If, at any time during the Term, by the acts or omissions of the Licensee, its employees, agents, or licensees, the Premises, or any i property therein is damaged or destroyed, Licensee shall be obligated to pay, on demand, all costs to repair same. 14. REPAIRS AND MAINTENANCE.Licensor has no obligation to make repairs of any sort to the Licensed Premises,Licensor's sole obligation hereunder being to make the Licensed Premises available to Licensee in accordance with and subject to the covenants,restrictions and limitations set forth herein. Licensee shall, at its expense, use and maintain the Licensed Premises in a neat, clean, careful, safe, and proper manner including but not limited to trash removal and comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal). 15. SEVERABILITY.If any clause or provision of this License is or becomes illegal,invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this License shall not be affected thereby unless such invalidity is, in the sole determination of the Licensor, essential to the rights of both parties, in which event Licensor has the right, but not the obligation,to terminate the License on 10 days' prior written notice to Licensee. 16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION. If Licensee is a charitable association, corporation, partnership, individual enterprise or entity and claims immunity to or an exemption from liability for any kind of property damage or personal damage, injury or death, Licensee hereby expressly waives its rights to plead defensively any such immunity or exemption as against Licensor. Shared Office Space License Agreement bet-tyeen the City of Fort Worth and Coffee Crafter of Texas,LLC -6- 17. TERNIINATION. In addition to termination rights contained elsewhere in this License, Licensor shall have the right to tenninate this License as follows: 17.1. By Either Party. Licensor or Licensee may terminate this License for any reason, to be effective on the expiration date of the term in effect at the time,by providing the other party with written notice not less than thirty(30)days prior to the effective date of such tennination. 17.2 Failtn-e by Licensee to Pay License Fees or Other Charges. If Licensee fails to pay any License Fee or other charges due under this License,Licensor shall deliver to Licensee a written invoice and notice to pay the invoice within ten(10) calendar days. If Licensee fails to pay the balance outstanding within such time, Licensor shall have the right to terminate this License immediately. 17.3. Breach or Default by Licensee. If Licensee commits any breach or default, other than Licensee's failure to pay License Fees, Licensor shall deliver written notice to Licensee specifying the nature of such breach or default.Licensee shall have thirty(30)calendar days following receipt of such written notice to cure, adjust or correct the problem to the standard existing prior to the breach. If Licensee fails to cure the breach or default within such time period,Licensor shall have the right to terminate this License immediately,unless such breach or default is not susceptible to cure within thirty(30) calendar days,in which event Licensee shall have such additional time to effect a cure as detennined by Licensor. 17.4. Licensee's Financial Obligations to Licensor upon Termination,Breach or Default. If Licensor terminates this License for any non-payment of License Fees or other charges or for any other breach or default as provided in Sections 16.2 or 16.3 of this License, Licensee shall be liable for and shall pay to Licensor all License Fees due Licensor for the remainder of the tern then in effect as well as all arearages of rentals, fees and charges payable hereunder. In no event shall a reentry onto or reletting of the Premises by Licensor be construed as an election by Licensor to forfeit any of its rights under thus License. 17.5. Rights of Licensor Upon Termination or Expiration. Upon termination or expiration of this License, all rights,powers and privileges granted to Licensee hereunder shall cease and Licensee shall vacate the Licensed Premises in all respects. Licensee agrees that it will assert no claim of any kind against Licensor, its agents, servants, employees or representatives, which may stern from Licensor's termination of this License or any act incident to Licensor's assertion of its right to Shared Office Space License Agreement between the Citp of Fort Worth and Coffee Crafter of Texas,LLC -7- i terminate or Licensor's exercise of any rights granted hereunder. 18. NOTICES. Notices required pursuant to the provisions of this License 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 City: To Licensee: City of Fort Worth Coffee Crafter of Texas,LLC Real Property Manager- Alan B. McCaa Aviation Department 201 American Concourse, Suite L32 201 American Concourse, Suite 330 Box 46 Fort Worth,TX 76106 Fort Worth,TX 76106 With copies to: City Attorney City of Fort Worth 200 Texas Street Fort Worth TX 76102 The parties hereto shall have the continuing right to change their respective address by giving at least ten (10) day notice to the other party. 19. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Licensee covenants and agrees that it shall not engage in any unlawful use of the Licensed Premises. Licensee 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 Licensed Premises and Licensee immediately shall remove from the Licensed Premises any person engaging in such unlawful activities. Unlawful use of the Licensed Premises by Licensee itself shall constitute an immediate breach of this License. Licensee agrees to comply with all federal, state and local laws; all ordinances, rules and regulations of City of Fort Worth and the City of Fort Worth Police,Fire and Health Departments; all rules and regulations established by the Airport Systems Director and authorized designee;and all rules and regulations adopted by the Licensor Council pertaining to the conduct required at airports owned and operated by the Licensor, as such laws, ordinances, rules and regulations exist or may hereafter be amended or adopted. If Licensor notifies Licensee or any of its officers,agents, employees,contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations, Licensee shall immediately desist from and correct the violation. 19.1 Compliance with Minimum Standards and Schedule of Rates and Charpaes: Shared Office Space License Agreement between the City of Fort Worth and Coffee Crafter of Texas,LLC -8- • II Licensee hereby agrees to comply at all times with the Licensor's Minimum Standards, as may be adopted by the City Council from time to time. Licensee shall be bound by any charges adopted in the Licensor's Schedule of Rates and Charges,as may be adopted by the City Council from time to time. 20. NON-DISCRIMINATION COVENANT. Licensee, 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 Licensee's use of the Licensed Premises on the basis of age, race, color, national origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender expression. Licensee 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 Licensed Premises on grounds of age, race, color, national origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender-expression. Licensee agrees to furnish its accommodations and to price its goods and services on a fair and equal basis to all persons. In addition, Licensee 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 Licensee, its personal representatives, successors in interest or assigns,Licensee agrees to indemnify Licensor and hold Licensor harmless. 21. AUDIT. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Pon�ers and Duties of the Department of I»ternal Audit, of the Code of Ordinances of the City of Fort Worth ("Section 2-134"), Licensor may at Licensor's sole cost and expense, at reasonable times during Licensee' normal business hours and upon reasonable notice, audit Licensee' "necessary books, papers, documents, records, and personnel", which is defined in Section 2-134 as "those which pertain to Licensor contracts and subcontracts and are required to evaluate compliance with the terms of those contracts and subcontracts", provided that (a) any such audit shall occur onsite at the Licensed Premises, (b)Licensor shall not(and shall not permit others)to copy any books,records or other documents reviewed during such audit, and (c) Licensor shall comply with the provisions of Section 21 herein. 22. ENTIRE AGREEMENT. This License constitutes the entire agreement between Licensor and Licensee relating to the use of the Licensed Premises and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. Shared Office Space License Ageement between the City of Fort Wonli and Coffee Crafter of Texas,LLC -9- 23. AMENDMENT. This License may not be amended, modified, extended, or supplemented except by written instrument executed by both Licensor and Licensee. 24. COUNTERPARTS. This License may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same document. 25. GOVERNMENTAL POWERS, SOVEREIGN IMMUNITY. It is understood and agreed that by execution of this License,the Licensor does not waive or surrender any of its governmental powers or sovereign immunity. 26. NO WAIVER. The failure of Licensor to insist upon the performance of any term or provision of this License or to exercise any right granted herein shall not constitute a waiver of Licensor'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 License or by Licensee's operations on the Licensed Premises,venue for such action shall lie in state courts in Tat-rant County,Texas,or the United States District Court for the Northern District of Texas, Fort Worth Division. This License shall be construed in accordance with the laws of the State of Texas. 28. ATTORNEYS' FEES. In the event there should be a breach or default under any provision of this License and either party should retain attorneys or incur other expenses for the collection of fees or charges, or the enforcement of performance or observances of any covenant, obligation or agreement,Licensor and Licensee agree that each party shall be responsible for its own attorneys'fees. 29. SIGNATURE AUTHORITY. The person signing this License hereby warrants that he/she has the legal authority to execute this License on behalf of the respective party, and that such binding authority has been granted by proper-order, resolution, ordinance or other authorization of the entity. Each party is frilly entitled to rely on these warranties and representations in entering into this License or any amendment hereto. Shred Office Space License Agreement behveen the City of Fort Worth and Coffee Crafter of Texas,LLC - 10 30. FORCE MAJEURE. It is expressly understood and agreed by the parties to this License that, if the performance of any obligations hereunder is delayed or cancelled by reason of war; civil commotion; acts of God; unusually inclement or severe weather conditions;fire;pandemic(including,but not limited to,COVID- 19); epidemic; declaration of disaster or emergency by the State of Texas, Tarrant County, or the City of Fort Worth; or other circumstances that are reasonably beyond the control of the applicable party obligated or permitted under the terms of this License to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not(collectively referred to as"Force Majeure Event"),the Party so obligated or permitted will be excused from doing or performing the same during such period of delay,so that the time period applicable to such performance will be extended for a period of time equal to the period such party was delayed, unless the same results in canceling the Event. Measures taken by the Office of Homeland Security/Office of Emergency Preparedness ("OHS"), State of Texas, Tarrant County, or the City of Fort Worth to close facilities or affecting this License,for any reason,is an act of government and,as such,is also considered a Force Majeure Event. (SIGNATURES APPEAR ON FOLLOWING PAGES) I I Shared Office Space License Agreement between the City of Fort Wordi and Coffee Crafter of Texas,LLC - 11 In witness whereof, the parties hereto have caused this Lease to be executed with the effective date as 2022. CITY: LICENSEE: CITY O OR RT COFFE FTERS OF TEXA ,LLC By: By: '/� R g enables Alan B.McCaa Aviation Systems Director Chief Executive Officer Date: 1 ) /14 R2 Date: I lvz Sep. �d �Or►`►��or CONTRACT COMPLIANCE MANAGER 6�) 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 Date: Nov 21, 2022 op 0 o APPROVED AS TO FORM AND LEGALITY: ATTEST: o~o° o�=dA � ° a ° �Pd o °000000000 �7&&MM cf 60odaa ����nEXASbgo By: By: Jan nette S.Goodall(Nov 22,202208:24 CST) Thomas Royce Hansen Jannette S. Goodall Assistant City Attorney City Secretary Date: Nov 21, 2022 Date: Nov 22, 2022 Dater Form 1295:Not required Contract Authorization: M&C: Not required OFFICIAL RECORD License Agreement between the City of Fort Worth and Coffee Crafter of Texas,LLC CITY SECRETARY FT.WORTH,TX -12 i CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califlo ia County of .tee 9�/ I ` On .���(� before me, -1A. VVWplj 1. Dote Here Inset Name nd Title of the O ficer personally appeared - Ron NCOA Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument, I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing *my H. blic- paragraph is true and correctNotary Public•CaliforniaKern County T commission N 2416045 WITNESS my hand and official seal. Comm,Expires Sep 15,2026 r Signature Place Notary Seal and/or Stamp Above Signature YNotary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 1,_ , ,1 Description of Attached Document NDrv-E,KC.\I�l61V2• dtntntstrnh'ov� I& Sr W Vi C4"RC'e Title or'Type of Document: C 0 6fta AinUT Document Date: �_p, Number of Pages: Signer(s) Other Than Named Above: Y 1 Capacity(ies) Claimed by Signer,l�s) Signer's Name: -Na d4 9), rl�(`l as S 1 ag 's Name: ElCorporate Officer—Title(s): ❑ Corpo e Officer—Title(s): ❑ Partner— ❑ Limited ❑ General El Partner— mited El General Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Trustee ❑ a dian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: --------------- ©2019 National Notary Association �I Exhibit"A" LOCATION MAP •,. a�' .i. ( 'r� ,` � �...�Vie.,.,, � - ` "� i ��'i►_.-�►•:.�I OF Palm 41 • , ... Depiction of Fort Worth Meacham International Airport Administration Building,Lower Level— Licensed Premises: Suite LO1D(36 Square Feet of Office Space) U I I 7•1 � b�l i•�i LICENSED - 1-, PREMISES `" —1 o ® 1 IL Mailboxes License Agreement between the City of Fort Worth and Coffee Crafter of Texas,LLC i I