HomeMy WebLinkAboutContract 28055f I 1 � ' � � ' � _ ! , � I
FORT,WORTH�MEACHAM INTERNATIONAL AIRPORT
� TERMYNAL BUILDING OFF.[CE LEASE AGREEN�'�' �������R� ...�
(MONTH�TO-MONTH} t�N�'(�A�� ��. ���'�
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This TERNIINAL BUILDING O�'FICE LEASE AGREEMENT ("Lease") is �nnnade and
entered into by and betvveen tlYe CITY OF FORT WORTH ("Lessor"), a horne rule municipal
corporation situated in Tarrant County, Texas acting by and through its duly authorized Assistant City
Manager, and AFFYLLI.ATED WESTERN, INC. ("Lesses"), a Texas carporation acting t�y and through
7oe Lawler, its duly authorized President.
In consideration of t�e tx�utual covenants, promises and obligations contained herein, the parties
agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real propezty (hereinafter referred to as
"Premzses") in the Terminal Building ("Terntinat"} at Fort Wort1� Meacharn International Airport
("Airport") in Fnrt Worth, Tarrant County, Texas:
�..1. 353 square feet of second floor officc space identifi�d as Suite-238 and depicted an
E�bi� "A", attached hereto and hereby made a part of tius Lease for a11 purposes.
2. TERNd OF LEA�E.
T`his Lease shall operate on a monih-to-rnonth basis, oommencing on the da�e o£ its execution.
This Lease wi11 automatically renew on the fizst (lst) day of each month unless tez-mi.zzated by either
party, �in order to terminate this Agr�cment, a pariy must larovide fhe other party vs+ith written notice of its
inten� to t�rminate not less than thi�rty (30) days prinr to the effective date of such terrnination.
3. RENT.
3.1. Amouni.
Lessee skall pay Lessor as anonthly rent for the Prernises the sum of Tvc+o Hundread Fifly
Four pollars and 1�/100 ($36�.41). The rental rates under this Lease are based on Lessor's
�ublished Schedule of Rates and Charges in effect as of the Effective Date of this Lease. A ten
percent (10%) prerniurn has been added to and is in.cluded in Lessee's rental rate hereund�r due to
the month-to-month nature of this Lease and in accardance with ihe �chedule of Rates and
Charges. Prior to ihe Effective Date of this Lease, Lessee shall pay ane (1) month's rent in
advar�ce. � the event that this Lease coznxnences on a day other than the first (ist) day of any
given month, the frst �nonth's rental payment shall be prorated in acco�dance with the nurnber of
days remaining in �hat monih.
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3.2. Payment Dates and La�e Fees.
AIl rnonthly rent payments under tius Lease are due on ar befare ihe first (lst) day of
eaeh month. Paynnents rriust be received during normal worldng haurs by the due date at the
locaiion for Lessor's Revenue Of�ce as set forth in Section f 8. Rent shall be considered past due
if Lessor has not received fixll payment after the (10�) day of the month for which payment is
due. Lessor w�ill assess a late penalty charge of ten percent (10%} per month on top of the entire
month's reni for each month in which rent is past due.
�. DEP�SIT.
Upon execution of this Lease, Lessee will remit to Lessor a maintenanceldaznage dep4si�
("Deposii") equivalent to one month's r�nt. Thereafter, Lessee shall, at a minimum, maintain its Deposit
in an a�ount that is equivalent to its current monthly renta.l amount for fihe Premises. However, Lessor
may incr�ase the amount of �he Deposit to a reasonable sum in excess of one mon�h's rent. Lessee's
failure to maintain its Deposit as requ�red sha11 constitute a breach of this Lease.
Lesaee's Deposit shall be in the �orm of a cash payment. Lessee will not be ez�titled to any
inierest on this Deposit. Unless Lessor terminates this Lease for any breach, default or failute by Lessee,
Lessor will refund any unused portion of this Deposit within thirty (30) days fallovt+ing the date that
Lessee vacates tkae Premises. Lessee acl�awledges that if Lessor terrninates this Lease for any bxeach,
default or failur� hy Less�e, Lessee shall forfeit t.h.e entire laalance of its Deposit.
5. UTILITIES.
Lessor agrees and covenants that if will pay �or alt utzlikies in use on the �'remises, wit�
the exception of telephone utilities. For all ieased spane in th� basernent of the Terminal, Lessae
aclrnvvcrledges that Lessor will not provide or pay for any air conditiouing ar heating services. Before
installing any type of air conditioning ar heating devices in the basement of the Terminal, Lessee shall
ohtain written permission from ihe Director of Airpart Spstems ar authprized representative and shall, at
Lessee's own expet�se, provide a veniilaiion system aaceptable tn Lessor. Lessee agirees tl�at all heating
equipm�nt and other electrically-operated equipment which may be used an the Premises shall fuliy
comply with the City nf Fort Worth Mechanica.l, Electrical, Plutnbing, Fire and Building Codes, as they
exist or znay herea$er be amended. �
6, MAINTENANCE AND REPAIRS.
6.1. Mai�ntenance and Repairs by Lessor.
Lessor sha.11 provide janitorial s�rvices to tlae Prez�aises unless loaa�ed in the basement
of the Terminal. Lessor agrees to perform minor repairs and �naintenance on. a�i�ely �asis
as required by the ordinary use of the Premises under the ierms of this Lease and v�rhich are
nat caused by any' violation thereof l�y Lcssea. Lessor shall have the right and privilege, through
its officers, agents, servants or employees to inspect the Prsznises at any time, If Lessor
deterniin.es tbat Lessee is responsible for any maintenance or repairs required on #he Premises, it
shall notify Lessee in writing. Lessee agzees to undertake such maintenance or repair work
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within thirty (30) calendar days of receipt of natice. If Lessee fails to undertake the maintenance
or repairs r�carnmended vvithin this time, Lessor naay, in its discreiian, perform the necessary
znaintenance or repairs on behalf of Lessee. In this event, Lessee wilt reimburse Lessor %r fhe
cost of the maintenance or repairs, and payment will be due on the date of Lessee's next monthly
rental payment following completinn of the repairs.
6.2. M�intenance and Re�sirs bv Lessee.
Lessee agrees to keep and maintain the P�remises in a goo�., clean �d saniiary
condition at al.l tinaes Lessee covenants and agrees tl�at it wi�l not make or suffer any wastc of the
Premises. Lesse� shall not allow any holes to be drilled or made in the bxic�, plaster or cement
work, Lessee will not pile or store boxes, cartons, barrels ox other sxmilar items in a mannez that
is unsafe or unsightly. Upon terznination of this Lease, Lessee agrees to return the Premises to
Lessor in the same condition as originally xeceived, s�bject tQ ordinary wea�r azxd tear consistent
with normal use over time. Lessee is responsible for all damages caused by the negligence or
miscanduct of Lessee, its agents, servants, employ�es, contractors, subcantractors, patrons,
iicensees, invitees or trespassers.
For any portion of the Pzemises located in the basex�a.ent of the Terminal, Lessee
sha11 p�o�ide, at Lessee's own expanse, axtd use covered metal receptacles far the temporary
starage of all trash at�d garbage and arrange and pay for the sanitary transport and }�ernaanent
disposaI away fro�n the Airport of alI of Less�e's trash, gaarbage and refuse.
G.3. vtspection.
Lessor, th�:ou$h zts officers, agents, servanYs or emplQyees, reserves the right to enter
t�e Premises at any time in ozder to perform any and a11 duties or obligations which Lessor
is authorized or required to do under the terms of this Lease or to perforxn its governmental
duties undez federal,. state or iocal rules, regulation.s and laws (including, but not li�nited to,
inspectians under applicable Health, Mechanical, Building, Electrical, Phtmbing, and Fir� Codes,
ar other health, safety and general welfare regulahans). Lessee wzll permit the �'ire Marshal of
the CiLy of Fort Worf.h ar 1�is agents to make inspec�ion of the Prernises at any time, and Lessee
will connply with all recommendations made to Lessee by the Fire Marshal or his agents to bring
the Premises iaa.ta aompliance with the City of Fort Worth Fire Code and Building Code
provisions regarding �re safety, as such provisions e7cist ar may hereafter be added or arnended.
Lessee shall ma,intain in a proper condi.tion accessible fire extinguishers of a number and iype
approved by Fire Underwriters for the particular hazard involved. Lessar shall provide Lessee
with advance notice o£in�eation when reasanabls� under t1�e cizcumstances.
9. ACCEPTANCE OF PREMISES.
'�.1. Asbestos Abatement Activities.
Le�see acknowledges the existence af ashestos-contaaning material on the Pr�emises.
Aftex invesiigation hy Lessar, Lessor represents that, to the best of its knowledge, asbestos-
containing materiais exisfi on the Premises to the extent identified in L�ssor's Level II
As��stos Assessment Report dated October 12, 1992, a public �octxment an file in Lessor's City
Secretary''s Of�ce and incarporated herein by reference £or a�l ptuposes. Lessee cavena�ts
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and agr�es to comply with all federal, s#ate and local laws and regulations, now in existence
or promulgated xn the future, which pertain to asbestos containing ma�erials. Lessee covenant�
and agxees to cooperate f�Ily with any asbestos abatement ac�ivity plan or asbesto� opera�ions
and maintenance plan set forth by Lessor. Lessee fiu-ther covenants a�nd agrees to notify and
obtain written apprc�val from Lessor prior to Lessee's undertaking of any repairs, renovations,
alterations or zznpxovem.ents to the Premises or of any other activity which migb,t disiurb
asbestos-containing materials. Lessee agrees that it sha�l be solely responsible far aIl expenses of
such activities. �,essor retains the night to perform ar cause to be perform�d air sampl�ng on the
Pre�nises to check for the presence of airborne asbestos �hers. Lessee agrees to a�low Lessor £ull
acc�ss to ihe Premises tn perform such tests. Lessor will make t�e results of any such tests
availahle to Lessee at Lessee's xequest.
�`.�. Lessee's Acceptance a�' Premises.
Lessee agrees and c�venants that it has inspected the Premises and is �ully advised of its
own rights withoui reliance upon any representation made by Lessor concerning tiYe conditian of
the Fremises. Lessee accepts the PremiSes in its present condition as satisfactory for all purposes
set forth i.n this Lease.
8. CONSTRUCTION AND Il1�PROVEMENTS.
Lessee may not undertake or allow any party to undertakE any Idnd of alteratian, er�ctian,
imgrovement or other construction work on or to the Fremises tinless it firsi requests and receives in
writing approval from the Directaz of Airpart Systems ox authorized representative. All such approved
construction work on and ixziprove�nents to the Premises sha1l cozx�ply fully with the Arr�ericans wiih
Disabilities Act of I990, as amended.
9. PARKING.
Lessee shai� have the right to use the designated pubIic parking areas and, to the extent
available and in accardance with policies established by the Direetar of Airpart Systems or
aut�orri.zed xepresenta�ive, to reserve parking space in the permit area known as Lot B on the north side of
Che Terniinai for the parking of cornpanp vehicles and the vehicles of its employees, liccnsees or
invitees, subject to aIl ardinances and regulations o£the City of Fort Worth and all ather applicable laws.
1Q. USE OF PRENIISES,
Lessee agrees to use the Premises exclusively for avzat�on or aviafian-zelated
cornmercial acti�uities. It is specifieally agreed and stipulated that the follow�ing concessions ar�
prohibited under t�iis Lease, unless speeifically approved by the Director of Airport System� or
aufihorized represenfiative: {i) ground transportation for hire; (u} motar vehicle rental, including taxi and
linnousine service; (iii) food sales; (iv) barber and valet services; (v) alcaholic beverage sales; and (vi)
aviaiion-related sales of pilot supplies.
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ll.. SIGNS.
Lessee may, at its ov�m expense and vsrzt� the prior writt�n approval o£ the Director of
Airport Systezns or authorized represenfaiive, create, install and maintain signs in the Terminai indicating
Lessee's business. Such signs, hovvever, must be in keeping witta the size, calar, Iocatinn and manner af
display oi othez sig,� thzoughout the Terminal, 7n addiiion, Less�e may, at its own expense, make, install
and maintain a sign outside the Terminal on Lessor's praperty subjeet to prior written approval by the
Dixector of Airport Systems or authorized reprasentative �s ta the sign's placement, appearance,
const�tuct�an, and conformity with applicable City Code restrictions.
Lessee shall maiz�.taiz� all signs in a safe, neat, signtly and physical.ly good candition. Lessee
agrees to pay Lessor for any damage, injury or necessary repairs to the Premises resulti�n.g from the
i�tallation, maintenance or remaval of any such sign. Lessee also agrees io rernove any sign at its ovvn
e�cpense imtxaediately upon receipt of insixuctions fnr such removal from tlae Director of Airport Systems
or autharized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains �he following rights and reservations:
x2.1. All fixtures and iterns permanently attached to any structure on ihe Prexnises b�Iang to
Lessor, and any additions or alterations rnad� tharean, shall immediately become the
property of Lessor.
1.2.2. Lessor reserves the right to takc any action it eonsi.ders necessary to protect the
aerial ap}�xoaches af the Airport against obstruction, including, but rzot limited to, the
right to pre�vent Lessee from erectiiag 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 aircra�i nr dimir�ish the capability o� exis�ing or futu�e avigational
or navigational aids used at the Airport.
1�.3. Lessor reserves the nzght to close temporarily the Airport or any of its facilities
far maintenance, improvements, safety or security of either the Airport or the public, or
for any other cause deemed neeessary by Lessar. In this event, Lessoz shall in no way
be �iable for any da�mages asserted by Lessee, including, but not limited to, damages frozx�,
an alleged disruption of Lessee's business opearations.
12.4. This Lease shall be subogdinate ta the provisions oi any existing or future
agreement between Lessor and the t7nited States Government r�vhich ralates to the
operanon or rnaintenance of the Airport and is required as a condition for the expenditur�
of federal fiands %r the development, m.aintenance or repair af Airport infrastructure.
12.5. During any war or national emergency, Lessor sk�all have �he night to l�ase any part of
t�e Airport, including its landing area, to ihe United States Government. In ihis event,
any provisions of this instrument which are inconsistent with the provisions flf the lease
to the Go�uernment sk�all be suspended. Lessor shall not be liab�e for any Ioss or darna�es
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allegec� by L�ssee as a result oi this actzon, How�vcr, nathing in this Leas� shall prevent
Lessee fro�n pursuing any rights it znay have for reim.bursernent from the United
S#at�s Govez7r�ment.
1�.6. Lessor covenants and agrees that during the term of this L�ase it will aperate
azld rrtaintain the Airpori and its facilities as a public airport consistent with and pursuani
to the �ponsar's Assurances given by Lessor #o the United States Government through
the Federal Airport Act; and Lessee agrees that this Lease and Lessee's rights and
privil�g�s hereunder shall be subordinate to the Spansor's Assu�rances.
13. INSURANCE.
13.1. Types of Covera�e and Limits.
Lessee shall procure and nnaintain at all times, in f�xll force and effect, a policy or policies
of insurance as specified herein, natning tlze City of Fort Worth as an additianal insured and
coverizxg all public risks related to the leasing, use, occupancy, maita�tenance, �xistence or location
of the Prernises. Lessee shall obtain the follawing insurance coverag� at the lin:zzts specified
herein:
g Commercial General Liability:
$300,QOD.QO p�r occurrence
(including Producis and Completed Operations
In addition, Lessee shall be responsible for all insuranae to any approved G03]S17'L1G�IOi1�
improvements, �nnadifica�ions or renovations on�or to the Premis�s and far personal property of
Lessee or in Lessee's care, custody or con#rol.
13.2. Adiustments to Reqnired Coverage and Limits.
Instxrance reqnireznents, including add�itional iypes and Iimits of eaverage and increased
limits on e�cisting coverages, are subjeci to change at Lessor's optian, and Lessee wi11 accordingly
comply with such �ew requirements within thirt� (30) days follawing noiice to Lessee.
13.3. Certificates.
As a condition precedent to the �ffectiveness oi this Lease, Lessee shai� furnisb
Lessar wit�a a certificate of insurance signed by the un.dervsrriter as proof tI�a# it has obtained the
types and amounts of insuranc� coverage requued herein. Lessee hexeby covenants and agrees
�at not less than thirty (30) days priox ta il�a expiration of any insurance policy required
hEreuader, it sha11 provide Lessor wi,tla a ne�r or renewal certificate of insurance. In addition,
Lessee shall, on demand, provide Lessor with evidence that it has rnaintai�aed such coverage ir�
full foroe and effect.
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13.4. Additional Reau�i�rements.
Lessea shall maintain its insurance wi.tb. uz�:derwriters autk�orized to do business in the
State of Texas and which are satisfactory to Lessar. The policy or policies of insurance sha�l
be endarsed to cover all of Lessee's opera�ions at the airport artd to pro�ide t$at no material
changes in coverage, including, but npt limi$ed t0, cancellation, termir�ation, nonrenewal or
am�ndment, shall be made without thirty (30) days' prior written not7ice to Lessor.
1�4. INDEPENDENT CONTRA.CTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor as
to all rights and privileges granfed herein, and not as an agent, representative ar exnployee of Lessor.
Lessee shall h.ave the exclusive right io cont�ol the details af i�s operatians and activities o� the Prernises
and shalI ba solely respansible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, patrons, Iicensees and invitees. Lessee acknowledges that the doctrine af
respondeat superior shall not apply as between Lessor and Lessee, its offiaexs, agents, employees,
contractvrs and subconi�actors. Lessee furiher agrees that nothing herein sha11 be construed as the
creation of a partnershig or jnint enter�rise between Lessar a�d Lessee.
i5. INDEMNIFICATYON.
LESSEE HEREBY ASSUMES ALL L.IABILITY AND RESP0IYSIBIL'.ITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PE.RSONAL INJURY OF ANY KIND, INCL UDING DEATH, TO
ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSER�"ED,
.4RISING OUT OF OR IN CONNECTION �ITH THE USE OF THE AIRPORT UNDER THIS LEASE
OR WITH THE LEASING, MAINTENANCE, �ISE, OCCUPANCY, EXISTENCE OR LOCATION OF
THE PRFMISES, EXCEPT TD THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISS�ONS
OR .tN7'ENTIDIVAL MISC�IVDUCT OF LESSOR..
LESSEE COVENANTS AND AGREES TO, A.ND DQES HEREBY, INDEMNIFY,
HOZD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SER VANTS AND
EMPLOYEES, FR011�1 AND AGAINST ANY AND ALL CLAFMS OR LAWSUl'TS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDI'N'G ALLEGED DAMAGE QR LDSS T� LESSEE'S
BUSINESS AND ANYRESULTING LOST' PROFITS) AND/OR PERSONAL INJURY, INCL£IDING
DEA�'H, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTIQN WITH THE USE OF THE �4IRPORT UNDER
THIS LEASE OR WITl3' THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION �F THE PREM.ISES, EXCEPT TO THE EXTENT CAUSED BY 7HE 1VEGLIGENT ACTS
OR 411�ISSIDNS OR .IN7ENTIONAL MISCONDUCT OFLESSOR..
LESSEE ASSUMES ALL RESPONSIBILITY A11TD AG.REES TO PAY LESSOR F�R ANY AND
ALL INJURYQR DAMAGE TO LE,SSDR'SPROPERTY i3�HICHARfSES OU7'OF OR IIV CONNECTION
WITH ANY AND ALL ACT� QR OMISSION�' OF �ESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, I�VVITEES, PATRONS OR TRESPAS�ERS,
EXCEPT TO 2'HE EXTENT CAUSED BY THE NEGLIGENT AC�'S OR QMISSIONS OR INTENTI�IVAL
MISCDNDUCT OFLESSOR.. '
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LES50R DOES 1VOT GUARANTEE POLICE PRQ�ECTION TO LESSEE OR 1'TS PROPERTY:
LESS�R �SHALL N01' BE RESPONSIBLE F�R TNJURY TO ANY PERS0IV' ON THE PREMISES
OR F'OR HARM TO ANY PR4PERTY WHICH BELONGS TO LESSEE, ITS OFFICERS,
AGENTS, SERYANTS, L�'MPLOYEES, COIVTRACTORS, SUBCONTR�ICTORS, LICENSEES, INVITEES
OR PATRONS, AND WHICH MAY BE STDLEN, DE5'TROYED OR IN ANY WAY DAMAGED;
AND LESSEE HEREBY 1NDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROM AND AGA.INST ANY A�VD ALL SUCH CLAIMS,
EXCEPT TO THE EXTENT CAUS�'D BY THE NEGLIG�NT ACTS OR OMISSI'ONS OR INTFNTIDNAL
MISCONDUCT QFLESSOR..
15. VVAIVER OF CA�tTTABLE IMMi7rTITY OR EXEMPTION.
If Lessee, as a charita.ble association, corporation, partnership, zndividual entezprise or entity,
claims imm.wn.ity to or an exemption froxn liability for any l�nd af properiy dam.age or personal damage,
injury ar death, Lessee hereby expressly waives its rights to plead de%nsivc:ly any such immunity or
exetnp�ion as against �,essor.
�.7. TERNIINATION.
Upon tertninatibn of this Lease, a11 rights, powers and privileges granted ta Lessee hereunder
shall cease and Lessee shall irnmediately vacate the Premises. Lessee agrees that it will return the
Premises and all appurtenances and improvements tI�ereon in good order and repair and in the sazne
condition as existed at the time this Lease was entered into, subject to ordinary wear and tear. Lessar
shall have the immediate right to talce full possession of the Premises and to remove any and aI1 parties
remainiz�g on any part of the Premises without fitrther legal process and withaut being liable %r trespass
or any other.claim. Lessor shaU. alsa have the right to remove any and aI1 fixtures or equipmern that may
b� found within or upan the Premises without being 1i,able therefor. Lessee agrees ihat it will assert no
elaim of any k�i�,d against Lessor, its agents, servants, amployees or representatives which may stem fram
Lessor's tarmination af the Lease or any act incident to Lessor's assertion of its right to terminate.
18. NOTICE�.
No�ices required pursuant to the provisions of this Lease shall be conclusively determined ta have
been delivered when (1) hand-delivered to the otk�.er party, its agents, e�za.ployees, servants ar
representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as follows:
To LESSOR:
For Rent:
City of �ort Waz-tl�
Revenue Offioe
1.000 Throckrnorton Street
Fort Worth, Texas 76102-6312
For Ail Other Matters:
Aviation Department
M�acham Internatianal Airport
4201 North Main, Suite 200
Fort Worth, Texas_7b10b-2749
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To LESSEE;
A££'t�iated Western, Inc.
7605 Royal Troon
Fort Worth, TX 76179
19. ASS�GNMENT AlVD SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer axzy of its rights, privileges, duties
or interests granted by this Lease without the advance vvritten consent of Lessor. A,ny such
transaction attempted hy Lessee without prior written consent by Lessor shall be null and void. If Lessor
cansents to any such transac�ion, the respective assignee or suhlessee shall consent tv eamply in Writing
with all terms and conditions set forth in this Lease the same as ii that party had originally executed this
Lease.
2�. - LIENS Bit' LESSEE.
Lessee acknowledges that it has no autho�zty to engage in any act or to make any contract
which may create ar be the foundation for any lien upon the property or interest in the propez-ty o£ Lessor.
If any such purported lien is created ar filed, Lessee, at its sole cost and expense, shall liquidate and
discharge the same within thirty (30} days of such creation or iiling, Lessee's failure to discharge any
such purparted lien shall constitute a breach af �ais Lease and Lessvr may tem�inate this Lease
immediat�ly. However, Lessee's financial abligation to Lassor to liquidate and discharge such lien shali
continue in effect followzng termination of this Lease and until such a time as the lien is discharged.
2�. TAXES AND ASSESSMENTS.
Lessee agrees to pay aaxy and a11 federal, state or local taxes or assessments which may lawfully
be levied against Lessee due to Lessee's use or occupancy of the Prernises or any improvements or
property placed on the Premises by Lessee as a result of its accupancy.
22. CUMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agzees ihat it shall not engag� in any unlawful use of the Premises. Lessee
further agrees that it shall not permit ifs off eers, agents, servants, employees, contractoxs, subcontractors,
patrons, licensees ar invite�s to engage in any unlaw£ul use a£ khe Prernises and Lesse� immediately shaIl
rernove irom the Premises any person engaging in such unlawiul activi�ies. Uniawful use of the Prer�ises
by �,essee itsel£ shall const�iute an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and Iocal laws; all ordinar�ces, xlxles and
regulations of the City of F'ort Worth and tlae City of Fort Worth Police, Fire and Health Departtzz�ents; all
rules and reguIations established by the Director of Airpart Systems; and all rules and reguIations adopted
by ihe City Cou�ncil pertazn.ing to the conduct required at airports owned at�:d operated by the City, as such
laws, ordinances, rules and regulations exist or may herea�er be amended or adopted. 7f Lessor noti�es
Lessee oz any o£ its officers, agents, employees, contractars, subcontractors,;i3c��W��r :t�vxtG�� �i iny
, �,
9 ',: i� ����i��1��I�U
, -'I '"�iY�l�I►tll�e ��r
violation of such laws, ordinances, rules or r�gula�ions, Lessee 5k��11 immediately desist from �nd correct
the violation.
23. NON-DISCRINIINATiON COVENANT.
Lessee, for itsel�, its personal xepresentatives, successors in inierest and assigns, as part of
the consideratian herein, agrees as a covenant rur�ning with the land that no person shall be exclnded
from partiozpation in or denied tha benefits of Lessee's use of the Premises on the basis of race, color,
na.t�onal origin, relig,�ion, handicap, sex, sexual orientation ox f�n.ailiaZ status. Lessee further a�r�es for
itself, its personal representatives, successors in interest and assigns that no person ahall be excluded from
the provisian of any servicas an or in the construct�ion of any improvemez�ts or alteratians to the Prexn.ises
an gzounds af race, color, national origin, xeligion, handicap, sex, sexual orientation or familial status.
Lessee agrees ta furrush its accommodafions and to price its goods and services o� a�fair
and equal basis to all persans. In addition, I,essee covenants and ag�rees that it will at all times comply
with any requiremezits imposed by or pursuant to Title 49 of tlae Code of Federal Regulations, Part 21,
Nar�-Discriurt�ination in Federally Assisted i'rogratns of the Department of Transportation and with
any axmendments io this regulation which may hereaft�r be enaoted.
Tf any alaim arises from an alIeged violation of this non-discriminaiion covenant by Lessee,
its personal representatives, successors in interest ox assigns, Lessee agrees to indemnify Lessar an.d
ho�d Lessor harmless.
�4. L�CENSES A1VD PERMITS.
Lessee slaall, at its sole expense, obiain and keep in effect all lic�nses and permi,ts necessary for
the operation of its business at the Airport.
25. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of tJaais Lease, the City o�Fort Worth does nat waive
ar surrender any of its governmental pawers.
26. NO WANER.
The faiiure of Lessor �o insist upon. the performance af any term or provision of this Lease or to
exercise any right granted herein shall nat constitute a waiver of Lessnr's right fo insist upon appropriate
performance or to assert any suoh right on any future accasion.
2'i. VENiTE.
ShouId any action, whether real ar asserted, at law or in equity, arise out of the terms of this
Lease ar by Lessee's operations on the Premises, venue for such action sha11 lie in state courts in Tarrant
;tr �_ . ,,��ui;n
" t,
1D �•���{ t������l��t�i�:'h�
�1� �Ir' I�,x� �� `'''`,
County, Texas, or the Unite�. States District Court for the Northern District of Texas, �ort Worth
Division. This Lease shall be canstrued in accardance with tk�a laws of the State �of Texas.
�8. ATTORNEYS' FEES.
In any action brought by Lessor for the enforcament of �he obligations of Lessee, LessQr shall be
entitled to recover inter�st and reasonal�le attomeys' fees.
�9. SEVERA.BILITY.
Tf any provisian of this Lease shall be held to be invalid, illegal or unenforceable, the validiiy,
legality and e�£oraeability of ihe remaining provisions shail not in any way be affected or impaired.
30. , FORCE MA�EURE.
Lessor and Lessee shall exercise every zeasonable effort ta xneet fiheir xespec#ive obligations
as set forth in this Lease, but sha�l not he held Iiable %r any delay in or omission af performance due to
force majeu�'e or other causes beyond their reasonable control, including, �ut not limited to, compliance
with any governrnent law, ordinance or regulation, acts of God, acts of onnisszon, fires, sfir�kes, lockouts,
na�ional disasters, wars, riois, rnaterial or labor restrictions 3�y any governmental au�hority, transportatian
problems andlor any othez cause beyond the reasonable control of the p�rties.
31. HEADIlVGS NOT CONTROLLING.
Headings and ntles used in ihis Lease are for ref�rence purposes only and shall not be deemed a
part of this Lease.
3�. ENTIRETY OF AGREEMENT.
� This wrilten ix�strument, including any documents incorporated herein by reference, contains
the enrire tu�derstanding and agre�ment between Lessor and Lessee, its assigns and successors � in#erest,
as to the matters aontained herein. Any prior or contemparaneous oral or written agreement is
hereby �.eclared null and void to the extent in conflict with anp provisions of this Lease. The terms and
conditions of this Lease sha�1 not be amended t�nless agreed ta in writing by both parties and approved by
the City Council of Lessor.
[CONTINUED ON NEXT PAGE]
..����W� �'_� � � '�;;;� �,
11 �:rl�� �cl����i��r'�`'�:��
'� �'n4��Y�"��_ `�. �
�N SS WHEREOF, tlae arties hereto have executed this Lease in multiples this ��
day of �d y��' (� _ , �.
CITY OF FORT WORTH:
./
BY� � ,�''� � ;
�
Assisiant ity Manager
AFFII,TATED WESTERN, TNC.:
BY: �.��_
Joe L e
Presi ent
ATTEST:
�
By: �.��
G�loria Pearson �
City Secreta�y �
APPROVED AS TO FORM AND LIEGALITY:
Assista�t City Attorne
M&C No. �.N� ��� l� �.i�lP r� (�
ATTEST:
:
. � i
��' '�I�� i
12 ���� �������,��,�,,,,:�,,�y �
�.5 .
� r ��� i'���� , �
s-raT� oF �xAs
COUNTY OF TARR.ANT
BEFORE ME, the un,dersigned authority, a Notary Public in and for the State of T�xas, on this
day pexsonally appeared 7oe Lawler, Imown to nne to be the person whose n:anne is subscribed to the
£oregoin� instrument, and aclrnawledged to nr�e that the same was the ac# of Aff liated Western, Inc. and
that he executed the same as the act of Affiliatod Western, Izac. �ar th� purposes and consideration therein
expressed and in the capacity therein stated.
�{IVE � ER MY HAND AND SE.A L OF OFFICE this
('SL"tt,
STATE OF TEXEIS
GOUNTY OF TARRANT
�� day of
, �� �
,``,\`�ti,;�N N i u i ruq���,���
��1 `, ��� ��• �� • '`'J/+��
- . �� ��
� ��� '°��;� � � �r
=• •� iVotary Pu�ilic in and £or the State oi Texas
_ � -
: N'9 .Z.�' �
. ..., � �� �� �—
; � .'� =
,,,� �� ,,. � ,,,.
��''��r��221 �`��+�``��,
�
BEFQRE ME, tlle undersigned authoritty, a Notary 1'ublic in and for the State oi Texas, on this
day personally appeared , laiown to me to be the person whose name
is subscribed ta the foregoing instrum�nt, and aclrnowledged to me that the same was tha act of the CITi�
OF FOR� WORTH and tlaa�t he executed the sarrie as the act of the CITY OF FORT WORTH for the
purpases and consideration therein expressed and un the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL QF OFFICE this �� day af
��re,�►� ,� .
P.�.,�, ,� , _ , _ - .�. . - �,
�- �,,,, �
_ �on�'�z �Wfl�° �::°�'� �
se��dx� ua�es�wW°� � - 4� +� � Not Public in and for the State of Texas
sexey;a na��$ ��EI4� � �°� yO7�'� ' �
aq� O
��� ��� __���n _�i
�
�3
'�:+ V i�4:kl
,�� �7
1��'��
�, ��ILIr�YL� 1191�.ST�R�, i�C.
���rae ���G�
Manth �o i�onfih
I�1�il-ll�li A
sui��
238
iOYAl�
��SCRIPiION
13'7"X23'0" & 7'B"X5'5"
Exhibif A.Affiliated Western Inc. 238.month month
�4. FY. �
353
3�3
AL!lANCL
FORT
„�,w,,,� WOR'TH
""� �EPAR�"MENT OF
av�arronr
��$ .
f�Ai� 14NONiH
$12.32 $362,�k1
$362.4'�
Y�AR !
$4,348.96
$4,348.96
_ � _G ti� �, � i G,"��;��J..�i
� �. ntix��
' �!� s
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