HomeMy WebLinkAboutContract 27925i
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FORT WORTH MEA�HAIYI TNT�RNA'I'IONAL ����
TERM]NAL BT7ILDING OFFICE ��ASE AGREEMENT
(MONTH-TO-1�'iONT�
This TERMINAL BT.JILnIl�TG OFFxCE LEASE AGREEMENT ("Lease") is made and
entered into by and �etween tke CYT'Y OR FORT WORTH ("Lassor"}, a h�me rule municipal
corparation situated in Tarra�xt Couniy, Te�as aating by and through its duly authorized Assistant City
Manager, and AFFILIATED WESTERN, INC. ("Lesse�"), a Tex.as corporatian acting by and through
doe Lawler, its duly authorized President.
In consideration of the mutual coven.ants, promisas and obIigations contained here%z1, t�e parties
agree as follows:
1. PRQPERTY LEASED.
Lessot demises at�d leases to Lessee the fallowing real property (hereinaftcr re�arred to as
"'Premxsas°} in t�e Terrr�inal Building ("Terniinal") at Fort Warth. I'�Ieacham Intez-national Airport
("Airport") in �ort Worth} Tarran.t County, Te�as:
1.�. �,62 square feet of second flaor office space identiiied as Suite-2�4 and depicted oan
Exhibit "A", attached hereto and hereby made a park of ttus Leasa for al1 purposes.
�, TERM QF LEASE.
This Lease sha11 operate on a rnant�i-to-month basis, commenai�g on the date of its axecution.
This Lease will automati�ally renew an the frst (lst) day of each month unless terminated by either
pariy. In order to ternainate this t'�gre�ment, a pariy �t�st pro�ide the otk�er party with written notiee of
its intent to terxninate z�ot Iess than tliirty (30} days priar ta tki� effective date of such termination.
3. �ENT.
3.1. Amoe�nt.
L�ssee shall pay Lessor as �onihly rent for tl�e �remis�s the sum of Two Hundread Fifty
�our pollars and 1G/100 ($254.14). The ren�al rates under this Lease are based on Lessor's
published 5chedule of Rates a.nd Charges in eff�ci as of the Effectzve Date o£ tktis Lease. A ten
percent {10°/a) prerniu;m has been added to and is included in Lesse�'s ren�al ra�e hereund�r due
to the month-to-mont�a nature of this Lease and in accardance wztla the Schedule of Rates and
Claarges. Prior to the Effective Date of this Lease, Lessee shall pay one (1) man�h's rent in
advance. In the event that thzs Lease couamences on a day ather than the fixst (lst) day of any
given nnonth, th� first znonth's rental payment shall be prorated in accordance with the nuiaaber of
days remaining in that rnonth.
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3.�. Pavment Dates aud Late Fees.
All monthIy rent payments under this Lease are due an or before the first (Ist} day of
each month. Payrinents mnst be received during normaI working hours by the due date at the
location for Lessor"s Revenue Office as set farth in Section J.8. Rent shall be cansidered past due
if Lessor has not receivad iull �ayment after the (lOth} day of ihe znonth 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 nnonth in which rent is past du�.
4, DEPOSIT.
Upan execu�io� of this Lease, Lessee will remit �o Lsssor a z�aaintenance/damage deposit
("Deposit") eqttivalent to one month's rent, Thereafter, Lessee shall, at a rninirnum, maintain its Depasit
in ain amount that is equivalent ta its current monthly rental amount for the Premises. Howevex, Lessor
may increase the amount of the Deposit to a reasonable surn in excess oi one manth's rent. Lessee's
£ailur� to maintain its Deposit as required shall cons�itute a breach o£ t�is Leas�.
Lessee's Deposit shall be in the form of a cash payment. Lessee wiIl n�t be entitled to any
interest on this Deposit. Unless Lessor terminates this Lease for any breach, default or failure by Lessee,
Lessor wili refund any unused portion of this D�posii within thirty (30) days fallowing the date that
Lessee vacates the Premises. Lessee acknowledges that if Lessor terniinates tilis Lease far any bre�ch,
de�ault or failure by Lessee, Lessee shall forfeit th�e entire balance of its Deposit.
5. UT7LITIES.
Lessor agrees az�d cov�nants that it will pay fox alI utilities in use an the Premises, with
the exceptic�n of telephone utilities, Far aI� leased space in the basement of the Terminai, Lessee
ackna�vledges that Lessqz wi.11 not provide or pay for az�y azr candiiioning or heating services. Before
installing any type of aiur conditioning or heating c�evices in the basement of the Terminal, Lessee shall
obtain writ�en pern�.ission from tha Director af Airpart Systems or authorized representative and shall, at
Lessee's own. ezcpen.se, pravide a ventilation system acceptable to Lessor. Lessee agrees that aIl heating
equipment and other electrzcally-operated equi�ment which nnay be used on the Prezzaises sha13 fia31y
comply with tha City o� Fort Warth Mechanical, Electrical, Plu�nbing, Fire and Building Codes, as they
exist or may hereafter be amended.
G. MAINTENANCE AND REPAIRS.
6.1. Mai�tenance and Renairs bv Lessor.
Lessor shali pravida janitorial services to the Prennises unless Iocated zn the basement
of the TerminaL Lessor agrees to perfortn rninor repairs and maintenance on a timely basis
as required by the ardiz�ary use of the Premises under the terms of this Lease atzd which are
not caused by any violation theraoF by Lessee. Lessor sk�ail have the right and privilege, through
its offzcers, agents, servants ar emplo�ees to inspect t13e Premises at a.r�y time. If Lessar
deterzx�.�nes that Lessee is r�sponsible for any mainten.ance or repairs requiared on the Premises, it
sha11 notify Lessee in writing. Lessee agrees to undertake such maintenazac� ar repair wark
within thi.rty (30) calendar days of receipt of notica. If L�ssea faiIs to undertalce ihe maintenance
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or repairs recommended within this time, Lessor znay, in its discretion, perfaar� ihe necessary
maintenance Qr repairs on behal� of Lessee. In thzs �vent, Lessee wiIl reim.burse Lessor �'Qx the
cost of the maintenance or repaiXs, and payment will be due on the date of Lesse�'s next monthIy
rental payment follovving completion of the repaiz�s.
6.2. Maintenancs and Rer�airs bv Lessee.
Lessee agrees to ke�p anc� maintain the Preznisas in a good, clean and sanitary
cvndition at a�l times Lessee covenants anc3 agrees that it will n.at make or suffer any waste of the
Fremises. Lessee shal] not allovw any holes ta ba drilled or nnade in tiie brick, plaster ar c�rnent
work. Lessee will not �ile or store Unxes, cartons, barrels or other similar items in a maz�ner that
is unsafe or unsigl�tly. Upon termination of this Lease, Lessee agrees to return the Prezr�tses ta
Lessor in ti�e same condition as originally received, subject to ordinary wear and tear consistent
with normal use nver time. Lessea is respo�sible �or all damages caused 6y the negligence or
misconduct af Lessee, zts ag�nts, servants, empinyees, contractors, subcontractors, patrons,
licensees, invitees ar trespassers.
For any portion of the Premises located in the basement o£ the Tarmizza�, Lessee
shall provide, at Lessee's otivn expense, and use covered metaZ receptactes %r the temporary
storage o£ a11 trash and garbage and arrange and pay far tha sanitary tran.sport arid permanent
disposal away from the Auport of aIl of Lessee's trash, garbage and refuse.
6.3. Instnection.
Lessar, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order to perforrn any and all duties or obligations which Lessor
is autharized or rec�uired to da e�nder the terms af this Lease ar to �erform its gavernmentat
duties under federal, state or local rulas, regulations and laws (i.ucluding, but not limited to,
inspections under applicable Health,lV�echanical, Building, Electrical, Plum%ing, and Fire Codes,
or other health, sa.fety and general we�fare ragulat�ons). Lessee will permit the Fiare 11�arsha� of
the City of �'art Worth ar his agents to make inspection of the Premzses at any time, and Lessee
will comply wi�, a1.I recommendatiox�s rnade to Lessee b� the Fire Ma:rsha� ar his agents ta bring
the Premises into compliance �vi�la �e City of Fort Warth Fire Code and Bui�ding Cflde
provisions regarding fu'e safety, as such pro�isions exist or may hereafter he added ox amended.
Lessee sha11 maintain in a proper conc�ition accessible f re extinguis�ers of a number and type
ap�roved by Fire �7nderwriters far the particular hazard in�olved. Lessor shal� provzde Lessee
with advance notice of inspection whe�t reasonable under the circumstances.
7. ACCEPTANCE OF PREMISES.
�.1. Asbestos Abatement Actiwifiies.
Lessee cacknowledges the exisience of asbestos-containing rraaterial on the Pr�emises.
After investiga#ian by Lessor, Lessor represents that, to the best of its knowledge, asbestas-
containing materials exist on the Pr�:mises t� the ext�nt identi�'xed in Lessor's Level II
Asbest�s Assessnaent Report dated October 12, 1992, a public documant on file in Lessor's City
Secretary's O�fzce and incorporated herein by reference for all purposes. Lesse� covenants
and agrees to comply with all federal, state and �acal laws and xegulations, now in e�istenee
or pron�ulgated in the future, which pertain to asbestos cantaining materials. Lesses covenants
and agrees to cooperate fully with aary asbestos aba�ement activity plazz or asbestos operatians
and maintenanc� plan set forth by Lessor. Lessee further cot�enants and agrees �o notify and
obtain written approval from Lessar prior to Lessee's �andertaking of any repairs, renovations,
alteration.s or improvements to the Prenaises c�r of a��y other activity which mighi dzsturb
asbestos-containing materials. Lessee agirees that it shall be solely respon.sible for all expenses of
suoh activities. Lessor retains t.�e night ta perEorm nr cause to be perfoz7med air sampling on th�
Premises to check for the pre�ence of airborne asbestQs iibers. Lessee agr�es to allow Lessor full
access to the Premises to perfa�n such tests. Lessor wiIl make the resul�s of any sucb tasts
available to F.essee at Lessee's reqt�est.
i.�. Lessee's Acceutance of Premises.
Lessee agrees and cove�ants that it has inspected �he Premises and is fully ad�ised of its
own rights without reliance upon az�y representation made by Lessor cot�cerning the condition of
the Premises. Lessee aceepts the Pretnises in its present condition as satzsfactory for atl putposas
set forth in this T�ease.
8. CONSTRUCTION EiND IMPROVEMENT�.
Lessee may not undertake or allow any party to undertake any kind af alteration, erectian,
innprovement or othar construction work on ar to the �renaises unless it first reqexests and recei�es in
writing approvai from the Dir�ctor of Airport Syste�s ar au�laorized representati�e. AlI such approved
construction work on and improvements to the Premises shall comply firlly with the Aznericans with
Disabzlities Act of 1.990, as amended.
9. PARKING.
Lessee shall have t�e right to use tlae designated public parking areas and, to the extetat
available and in accordance with policies esta.blished by the Director o� Airport Systems or
authorized representative, to reserve paxking space m t,t�.e permit area known as Lot B an the north side af
the Terminal for ihe parking of company vehicles and th� vehicles of its em�Iaye�s, licensees or
invitees, subj ect to all ordinances and regulations of tlae City of Fort Worth and a11 other applicable laws.
1Q. USE OF PREMISES.
Lessee agrees to use the Premises �7CCIU51V0�� fvr aviaiian or ar+iatian-related
commercial acti�ities. It is specif'ically agreed atzd stipulated that the following concessions are
prohibited under this Lease, untess speeifzcally appro�+ed by the Directax of Airport Systems or
autharized representative; (i} ground transportation for hire; (ii} motor vehicle rental, including taxi and
litnouszzxe service; (iii) food sales; {iv) barber and valet services; {v) alcoholic haverage sales; and (vi)
aviation-related sales of pilot supplies.
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11. SIGNS.
Lessee may, at its own expense and with �he prior written approval of the Director af
Airport Systems or authorized representative, create, install and ma.intain signs in the Termiaaal indicating
Lessee's business. Such sigtks, however, must he in keeping with the size, color, location atad manner of
display of other signs throughout the Tenninal. In addition, Less�e may, at its owr� expense, make,
instail and maintain a sign outside the Tsrminal on Lessor's property su6ject to prior written approval by
the Diractor of Airport Systezns or authorized representative as to fihe sign's �Iacement, �ppearance,
construction, and conformity with applicable City Code xestrictions. _
Lessee shall maintain all signs irz a safe, neat, sightly and physically good eondition. Lessee
agrees to pay Lessor for an,y damage, i�ajury or necessary repairs to the Premises resulting frorn the
installation, maintenanca or removal of an.y such sign, Lessee also agrees ta remove any sign at its own
expense immediately upon r�ceipt of instructions for such removal from the Director of Airport Systems
or autk�orized representatiw�.
12, RIGHTS AND RESERVATIONS OF LESSOR.
Lessar hereby retain.s the fallowin� rights and reservations:
1�.1. AIl f xtures and items perznanently attaehed to any siructure on the Premises belong to
Lessor, and any additions or alterations made thereon, shall immediately become the
property o£Lassor.
1�.�. Lessor reserves the right to take any aetion it considers necessary to protect the
aerial approaches of the Ai.rport against obstruction, including, but not Iimi�ed to, the
rig}at to prevent Lessee fronn erecting or perrr�itting to be erec�ed any building or other
s#ruct�re which, in the op�nion of Lessor, would lixn.it the usefulness of the Airpart,
constitute a hazard to aircraft o:r diminish the capability of e�isting or future avigational
or navigational aids used at the A:irpart.
1�.3. Lessar reserves the night to close temporarily the Airport or any of its �aciIities
for maintenance, improvements, safety or security of eitiier t.�e Airport or the public, oar
for any other cause c�eemed necassary by Lessor. In this eveni, Lessor shall in no way
be Iiable for any damages assert�d by Lessee, including, bui nat limited to, daznages fran:�
an alleged disruption of Lessee's business operations.
1Z.4. This Lease shall be subordinate to t�s provisior�s of any existing or f�ture
agreement hetv�+een Lessor and the United States Govern�ment which relates to the
operation ar ma,intenance af the Airport and is required as a condition for tha
expenditure of federal ftutads for the developmant, maintenance or repair of Airport
infrastructure.
1�.�. During any war or national emergency, Lessar shall ha�e the night to lease any part o�
the Airport, including its landing area, to the United Statas Government. In this event,
any provisions of this insiru�nent which are inconsistent with the provisions n� the lease
to the Government shall be suspended. Lessor shall not be Iiable for az�y loss or dan:�ages
alleged by Lessee as a result of this action. However, nothing ir� filiis Lease shall prevent
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Lessee from pursuing any rights it rnay have £or reimbursetnent frozn the United
Sta.tes Government.
12.6. Lessar covenants and agrees that during the term of t�is Lease it will aperate
and maintain the Ai:rport and its facilities as a publie airport consaistent with and purst�ant
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 Lesse�;'s rights and
priviieges hereunder shall be subordinate ta the Sponsor's Assurances.
13. INSLlRANCE.
13.1. Tvnes of Co�wera�e and Limits.
Lessee shaIl pr4cure and maintain at all times, iz� �ull force and effect, a policy ar
policies of insurance as speci�ed her�in, naming the City of Fort Worth as an additianal insured
and coverirtg all pubtic risks re�ated tn the leasing, use, occupancy, maintenance, existence or
location of the Premisas. Lessee shall obtain the foliawing insurance coverage at tk�.e Iimits
specified herein:
� Commercial General Liabitity:
$30Q,OOOAO per occurrence
(including Products and Com�leted Op�ratians
In addition., Lessee shall be r�spnnsible for all insuran.ce to any approved construction,
improveznents, :n:�odi�ications or renovations on or to the Premises and for personal property. of
Lessee ar in Lessee's care, custody or control.
13.2. Adiustments to Repnired Covera�e and Limifs.
Insurance requirements, including additionaI types and Iimits af ca�errage and increased
limits on existing caverages, are subject to cha.nge at Lessor's option, and Lessee vviil accordingly
comply �vith such new requirements within thirry (30) da�s following notice to Lessee.
13.3. Certi�cat�s.
As a condition precedent ta the effecti�eness of this Lease, Lessee shall furnish
Les�ar with a certif cate of insurance signed by the undarr�vriter as proaf that it has obtained the
types and amounts of insurance coverage required herein. Less�e hereby covenants and agrees
that not less ti�an �hirty {30) days priar to the e�piration of any insurance policy required
hereunder, it shall provide Lessar with a new or renewal certificate of insurance. In. additian,
Lessee shalI, on demand, provide Lessor with evidence that it has rnaintained such coverage in
fi�1I force and effect.
13.4. AdditEonal Rec�uirements.
Lessee shall maintain its �nsurance with underwriters authorized to do business in the
State of Texas and which are satisfactary to Lessor. The policy or policies of insurance shall
be endorsed ta cover a11 of Lessee's operations ai tbe airport and to provide that no material
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changes in coverage, including, but not lizalited to, canceIlation, tarminaiion, nonrenewal or
amendm�nt, shall be made without thirty (30) days' prior written natice to Lessor.
14. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Lessee shall aperate as �n independent cantraetor as
to all righis and privileges grat�tcd herein, and not as an agent, representativc or employee of Lessor.
Lessea shall have the exclusiva right to cantrol the details of its operations and activities on the Premises
and shaIl be salely responsi�le for the acts and omissions of its officers, agents, sarvants, employees,
contractnrs, subcontractars, patrons, licensees and invitees. Lessee acknowledges that the doctrine af
resppndeat superior shall not apply as between Lessor and Lessee, its ofiicers, agents, emplayees,
contractors and subcontaractors. Lassee further agrees that noihing herein shall be constnied as the
creation of a partnersh�p or joint enterprise between Lessor and Lessee.
1S. INDEMNIFICATTON.
LESSEE HEREBY ASSUMES ALL �,IABILITY AND RESPONSIBILl'T�' FDR PROPERTY
LOS�', PROPERTY DAMAGE AND/OR PERS`ONAL INJURY OF ANY KIND, INCL UDING DEATH, TO
ANYAND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETH�'R REAL DR ASSERTED,
A121'SING OUT OF OR IN CONNECTI�N �ITH THE USE OF THE AIRPO�T UNDER THIS LEASE
OR WITHTHE LE�4SING, M�INT.ENANCE, USE, OCCUPANCY, EXISTENCE OR LOCA�'ION OF
THE PREMI�'ES, EXCEPT TO THE EX7ENT CA USED BY THE NEGLIGENT ACTS �R QMISS`IONS
OR INTENTIONAL MISCOND UCT OF LESSOR..
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND D�FEND LESS`OR, ITS OFFICERS, AG�NTS, SERYANTS AND
EMPLOYEES, FROM AND AGAINST �lNY AND ALL CLAIM�' OR L.4WSUI�S FOR EITHER
PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE � OR LOSS TO LESSEE'S
BIISINES�S AND ANYRESULTING LOST PRQFITS) AND/OR PERSONAL WJURY, INCLUDING
D�ATH, TO ANY AND ALL PERS'ONS, OF AN�' KIND OR CHARACTER, I�YHETHER RF,�LL OR
ASSERTED, ARISING OUT OF OR IN CONNECTlON WITH THE USE OF THE AIRPORT UNDER
THIS LEASE OR Yi�ITH THE LEASING, II�AINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATTON OF THE PREMISES, EXCEPT TD TH� EXTENT CAUSED BY THE NEG�IGE.dVT ACTS
OR ONIISSIONS OR INTENTIONAL MISCOND UCT OF LESSDR.
LESSEE A�'SUhlES ALL RESPONSIBILl'TY AND AGREES TD PAY LESSOR FDR A_11FY AND
ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHI'CHARISES OUT OF OR 1'N CO�VNECTIOIV
YVfTh� ANY AND ALL ACTS OR O11�ISS�ONS OF LESSEE, ITS OFFICERS, AGEIVTS, ENIP�QYEES,
CONTRACTORS`, SUBC4NTRACTORS, LICENSEES, INVITEES, PATRONS' OR TRESPA�SERS,
EXCEPT T� 2'HE EXTENT CA USED BY TI�E NEGL�`GENT ACTS �R OMISSlONS OR 1'NTENT.�ONAL
MISCOND UCT OF LESSOR..
LESSDR DOES NOT GUARANTEE POLICE PROT�CTION TD LESSEE OR rTS PR�PERTY.
LESSOR �SHALZ NOT BE RES�ONSIBLE FOR INJURY TO ANY PERS4N ON THE PREMISES
OR FOR HARM TO ANY PR�PERTY YPHICH BELONGS TO LESSEE, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS', SUBCONTRAC3'QRS, LIC�'NSEES, INV.I2'EES
OR PATR4NS, AND �FIICH MAY BE STOLEN, DEST�OYED QR IN ANY WAY DAMAGED,-
AND LES�'�E' HEREBY INDEMNIFIES AND HO�DS HARMLESS LESSOR, ITS OFFICERS,
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AGENTS, SERVAIVTS AND EMP,�OYEES FROM AN� AGAINST ANY AND A�L S�TCH CLAIMS,
EXCEPT TO THE FXTEN�' CA USED BY THE NEGLIGENT ACTS OR OMISSl`ONS OR INTENTl'ONAL
MISCONDUCT OF ZESSOR..
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTrON.
If Lessee, as a charital�le associa�ion, corporation, partnership, individual en#erprise or entity,
claims immunity t� or ata execnption from liability for any kind of property damage or personal damage,
injuty or death, Lessee h.�reby expressly waivas its rights to plead defensively ariy such inaznunity or
exemp�ion as against Lessar.
17. TERMIlVATION.
Upon te�naination of this Lease, aIl righ�s, powers anci privilages granted to Lessee hereunder
shall cease aaad Less�e shall immediately vacate �►e Premises. Lessee agrees �hat it wil� return the
Premises �and all appurtenanc�s and improvernents �ereon in good arder and rapair and in #ke sazxze
canditio:n as existed at the time this Lease vvas entered into, subject to ordina.�y w�ar and tear. Lessor
sh.alI have the izx�amediate right to take full possession of the Fremises and to remo�e any and all parties
remainizzg on a�y part of tlae Premises without furth�r legal process and withont being liable for trespass
or any other claim. Lessor shall atso k�ave the right to remove any and all fixtures or equipment that may
be �auud within or upan the Premises without baing liable therefor. Lessee agrees that it will assert no
clai�rn of any kind against Lessor, zts agents, serva�nts, employees or representatives which zzzay s�em from
�,essox's terznin.atia�a of the Lease or an.y act incideni ta Lessor's assertion of its right to terr�ainate.
18. NOTICES,
Notices required pursuant �o the provisions of this Lease shall be conclusively detarmined tv
have been delivered when (1) hand-delivered to ihe other party, its agents, � employees, servants or
representatives, or {2� deposited in the United States Mail, postage prepaid, addrassed as follor�s:
To LESSOR:
For Rent:
City of Fort Worth
Revenue Office
I000 Throckmorton Street
Fort Warth, Texas 76102-63 J2
To LESSEE:
Affiliaied Western, Inc.
7b05 Royal Troon
Fort Worth, TX 76179
Far All Other Matters:
Aviation Department
Meacham Int�rnational Airport
4201 North Main, Suite 200
Fort Worth, Texas 7610b-2749
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19. ASSIGNMENT AND S�UBLETTING.
Lessee shall not assign, sall, convey, sublet or transfer an.y of its rights, privileges, duties
or interests graated by this Lease v�rithout the advance written consant of Lessor. Any such
transaction attampted by Lessee without prior written consent by Lessor shall ba null and void. If Lessor
consents to an� such transactxon, the respective assignee or sublessee shall consent to eomply in Writing
with all terrns and conditions set foz-tk� in this Lease the same as if that party had originally exeeuted this
Lease.
20. LIENS BY LESSEE,
Lessee acknawledges that it has no authority to engage in any act or to make any contract
which may create or be the foundation %r at�� lien �pon the property or interest in fihe properry of Lessar.
If any such purported l'zen is creatad or filed, Lessee, at i#s sole cost ar�d expense, shall Iiquidate and
discharge the same within th.i.rty {30} days of such creation or filing. Lessee's failure to discharge any
such purported lien sha11 eonstitute a breach of this Lease and Lessor may tez7minate this Lease
irnmediately. However, Lessee's financial obligation to Lessor to liquidate and discha�rge such lien shall
continue in effect following termiaaation of this Lease and until such a time as tlte lien is discharged.
21. TAXE� AND ASSESSMENTS.
Lessee agrees to pay any ar�d all federal, state or local taxes ar assessments which may lawfull�
be levied against Lessee due to Lessee's use or occupancy o£ the Premises or any improvernents ar
property placed on the Premises by Lessee as a result of its occupancy.
�2. COMPLTANCE WITH LAW�, ORDINANCES, RT.TLES AND REGiTLATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Prenr�ises. Lessee
further ag�rees #hat it shail not pez�it its of�cars, agents, servants, employees, contractars, subcontractors,
patrons, licer�sees or invitees to engage in any unlawful use of the Premis�s and Lessee immediateIy shall
remove from the Preznises any persorz e�gaging in suck� unlawful activitses. Unlawfeal use ofiGhe �rernises
by Lessee i�,seli shall eonstiiute an immediate breac� of thi� Lease.
Lessee agrees to comply with all federal, state and local laws; alI ordinances, rules and
regulations of the City of Fort Worth and the City of Fort Worth Police, Fi�e and Health Departments; aIl
ruIes and regulatians established by the Director of Air�ort 5ystems; and all rules and regulations
adopted by t�e City Council �ertaining to the canduet required at ai�ports owned and operated by the
City�, as such 1aws, ardinances, rules and regulations exist or may hereaft�r be amended or adopted. If
Lessor not�es Lessee or an.y of its offzcers, agants, ernployees, contractors, subcontractors, licensees or
invitees of any violation of such 1aws, ordinances, �-ules or regulations, Lessee shall immediately desist
from and correct the �ioiatian.
�3. NON-DISCRINIINATZUN COVENANT.
Lessee, for itself, its personal represe�tatives, successors in interest and assigns, as part of
the consi�eration herein, agrees as a coven.ant running with the land that no person shall be excluded
�7
fro�n participativn in or denied tha benefits of Lessee's use of the I'remises on the basis of rac�, color,
national origin, religion, handicap, sex, sexual orientation or familial status. Lesses further agrees for
itself, its personal rspr�sentatives, sucaessors in interest anc� assigns tha# no person shall be axcluded
from the provision of any services on or in the construction of any irnprovements or alteratians to the
Premises on grounds of race, coior, national origin, religion, handicap, sex, sexual ariantation or famiIial
status.
Lessee agrees to furnish its accommadations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that ii will at all times comply
with any requirements imposed by or pursuant to Ti'�le 49 of the Code of Federal Regulations, Part 21,
Non-Discrimination in Federally Assisted Programs of the Department of Tr.ansporkation and witk�
any amendments to this regula�ion which may hereafter be enaeted.
If any claim arises fram an alleged violation of this non-discrixnination covenant by Lesse�,
its personaI representatives, successors iri interest or assigns, Lessee agrees to indeFnnify Lessor an.d
hold Lessor harmless.
24, LICENSES AND PERM�TS.
Lessee shall, at its sole expanse, obtain and 1ceE� in effect a11 licenses and permits necessary for
the operation of its business at the Aisport.
��. GOVERNMENTAL POWERS.
It is understood and agreed that by exeeution of this Lease, �he City of Fort Worth does not waive
or surrender any of its governmental powers,
�6. NO WAIVER
The fai�ure of Lessor to in:sist upon the �erformance of any term or pravisian of this Lease or to
exercise any right granted herein slaall not constitute a waiver of Lessor's right to insist upan appropriate
performance or �o assart any such right on any fuiure occasion.
�7. VEN[J�.
Should any action:, whether real or assertec�, at law or in ec}uity, arise out of the tet-ms a� tlais
Lease or by Lessee's operations on the Premises, venue for such action shall lie in state courts in Tarrant
County, Texas, or th.e United States District Court for ti�e Nort3�tern District of Texas, Fart Worth
Di�ision. This Lease shall be conatrued in accordance with the laws of the State of Texas.
�$. ATTORNEYS' FEES.
In any action brought by Lessor for the enforcemeni of the obligatians of Lessee, Lessor shall be
entitled to reco�er interest and reasonable attarneys' fees.
10
3�9. SEVERABII,ITY.
�f any provzsion of this Lease shal� be held to be invalid, illegal or unenforeeable, the vaIidity,
legality and enforoeability of the remaining provisions shajl not in any way be affected or i.zx►paired.
3�. FORCE MA.TEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligatians
as set forth in this Lease, but shall not be held liable for any delay in or oanission of performance due �o
force rnajeure or other causes beyond thei.z� reas�onah�e control, including, but not limited to, connpliance
with any gov�rnment law, ordinance or regulation, acts af God, ac#s of omission, fires, strikes, lockauts,
na�ional disasiers, wars, riots, znaterial or iabor reslrictions by any gove�menY� authority, transportation
proble�ns and/or any other cause beyond the reasonable con#rol of the parties.
31. HEADINGS NOT CONIRQLLING.
Headings a.nd titles used in #his Lease are for reference ptxrposes only and sh:all not be deemed a
part of this Leas�.
11
32. ENTIItETY OF AGREEMENT.
T�is written instrument, including any documents inco�rporated herein by reference, contains
the entire understandzng and agreement hetween Lessor and Lessee, its assigns an� successors in interes#,
as to the matters contained herein. Any prior or contezx�.poraneous aral or written agreeznent is
hereby declared null and void to the extent in canflict wxth azay provisians of this Lease. The terms and
conditions of fhis Lease shall not be amended unless agreed to iz� writing by both parties and approved by
the City Council of Lessor.
IN ITNESS 'WHER�OF, the parties hereto have executed this Lease in multiples �tlais CX��
day of � � � � � a-�. . . � �.
�
CITY OF FORT WORTH:
BjI:_ v F
Assistant City Man.ager
ATTE�T:
, �� ��
By: _ '4� ��_.���.id� i
laria Pears�n
City Secretary
APPROVED AS TO F�RM AND LEGALITY:
Assistant City Attorney
M&G No. /Y��
�
�
AFFILIATED WESTERN, INC.:
By: ���� � .
Jo�av�el r
President
ATTEST:
:
f:-'1Y i''h. . , ,. i ' f� .
12 '�ail�'u ��1��������
r�� ���• �
� � I • • �� �
STATE OF TEXAS
COUNTY OF TARR�INT
0
�
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared 7ae Lawler, kn.own to me to be the person wk�ose name is subscribed to the
foregoing instrumr;nt, and acknawledged to me that the same was t�e act af Affiliated Western, Ina and
that he executed the same as the act of Affiliated Western, Tnc. faK the purposes and consideration therein
expressed and in the capacity therein stated.
GTVF�N UNDER
.�
STATE OF TEXAS
COiJ�TTY OF TARRANT
MY IIAND AND
, �•
*`,�����u► � �� .,i ��,����
`�` r�; G�<
� �
.'�~��,,°�� �� 'v;
:. "`9 �,�
;, °� � ..
�
+��`''n,�,,��2� /2t��� `
�
SEAL OF OFFICE this �� 7y day of
�
R
,� _
-' � . , .
Notary Public in and fox the Sta.te af Texas
BE�O1zE ME, the undersigned authority, a Notary Pablic ir� and for the State o�' Texas, on this
day personally appeared /�'jare. i� . 4�'T , knawn ta �ne to be tfie persor� whose name
is subscrihed to the foregoing instrument, and acknowledged to me that the sarne was the act of the CITY
OF FORT W4RTH and t.hat he executed the sa�ne as the act of the CITX OF FORT WORTH for the
pu.rposes and consideration therein axpressed and in the capacity th�rein stated. � �
GNEI�i LJNAER Mi� �AND AND SEAL OF O��ICE this �ZD� day of
�-r.���' , �
. � - _ *- ,i ,i l.�i ,�i�ii li:�� �. s,., „i ,. _ J �
.��'�`�'"' H�`�TIE �Fi1E Notary Public in and for the State of Texas
+o'•�'Y'd�G�
;a • n: �q� PuhIIC� 518t� Df Texas '
�:.:��� MY Commission Expires '
'�T��F,�� �uiy ��, aao3 �
a �,se � ..� . �i � �� � � .
13
�
�oFFIL1���91N�5T�RRl, IIl1G.
Lease Space
Month tq Month
�XKl�li A
SIJI�� ���CRIPiIQt�
254 19'11" x 13`2"
— _ i0i�►L
•E!/�NLE
�1.1R [
r��A�Hn�r � W()RTH
"12 ��PARTJl+1�AIT QF
4V'?ATfON
�
snt+rrs
SC�. FT. RAT� AiiON�F9
262 $� 1.64 $254.14
��6� � � $2�4.'i 4 �
Y�A�
$3,Q49.68
�3,D49.fi�
Exhibit A.Affiliated Western, Inc.
1
7131102