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HomeMy WebLinkAboutContract 27926���; : , - � � .� , . �, , . ;,� �����R�� � �� � FORT WO�RTH MEACHAMINTERNATZONAL AIItPORT TERMINAL BUILDTNG O�'FYCE LEAS� AGREEMENT (MONTH�'�O-MON'I`A} This TERMIN.A.L BUII�DiNG OFFICE LEASE AGRE�MENT (°Lease"} is m.ade and entered into by and between th� CITY OF FORT WORTH ("Lessar"), a home rule municipal carporation situated in Tarrant County, Texas acting by and througla its duly authorized Assista.�at City Manager, and DAN DASE IN�UitANCE AGENCY, INC. {°°Lessee"), a Texas corporation acting by and �through Dan Dase, its duly authorized President. In consideration a� the mutual covanants, pz�ornises ar�d oblxga�ions contain�d herein, the parties agre� as follows: 1. PRQ�ERTY L�ASED. Lessor demises and leases to T,essee tUe following real property (hereinafter re�erred to as "Premises") in the Terminai Building ("Terminal") at Fort Worth Meacha.rn International Airport ("Airpart") in Fart Worth, Tarrant County, Texa.s: 1.1. 235 square feet of seco:nd floor of�ca space identi�ed as Suate 214 and depicted on E�ibit "A", attached hereto and hereby made a part of this Lease for al1 purposes. 2. TERM O� LEASE. This Lease slaall opera�e on a month-to-month basis, commencing on the dat� of its execution. This Lease wil� autanaatically renew on the first (Ist) day of each tnonth unless t�rminated by either party. In order to terzninat� this Agreemant, a party zx�ust provide the other party with written notice of its intent to terminate not less than thirty {3 0) da�s prior to the effective date of such tcrmination. 3. RENT. 3.1. Amount. Lessee shall pay Lessor as manthly rent for the premises the sum of Two Hundread and Thirty Six Dollars and 76/100 ($236.76). The rental rates under tlais Lease are based on Lessor's published Schedule of Rates and Charges in effect as oi the Effective Date of this Lease. A ten percent (10%a) premiunn has been a�ded ta and is included in Lessee's rental xate hereunder due to the monfih-to-month nat�re of this Lease and zz� acaordance with the Schedul� of Ra#es and Charges. Prior to the Ef�Fective Date of this Lease, Lessee shall pay one (1) month's rent in advance. Tn the e�ent that this �ease corr�m.ences on a day other than the first {1st} day of any given month, the first month'� renta� payment shall b� prorated in accordance with the ntirnber af days remaining in that nnonth. � � ' ��� f ���� ��� �G"� d;� ��r ��� ���� �,. � "� � � L� � . 3.�. Pa'v�ent Dates and Late Fees. All monthly rent payments under this Lease are due on or befora the first (lst} day of each rnonth. Payments must be rec�ived during norznal tzworl�ing hours by the due date at the Iocation for Lessor's Revenue Of£ice as set forth in Section 18. Rent shall be considered past due if Lessor has nat received full payment aftcr the (1Oth) day af ihe month for which paynnen� is due. Lessor will assess a late penalty charge of ten percent (l.0%) per month on top of ihe en�ire mazath's rent far each month in which rent is �ast due. 4. DEPOSIT. Upon axecution of this Lease, Lessee will re�nit ta Lessor a rnaintenance/damage deposit ("Deposit"} equivalent ta one month's rent. Thexeafter, Lessee shall, at a minimum, maixitain its Deposit in an amount �hat is equivalent to its current rnont�ly rentai amount for the Prernises. Hawevex, Lessor may increase the amount of the Deposit to a reasonable sum in ��cess of one monik�'s rent. I,�ssee's failure to mainiain its Deposit as required shall constitute a breach of this Lease. Lesse�'s Deposit sI�a11 be in the fonn of a cash payment. Lessee will nat be entitled to any interest on this Deposit. Unless Lessor terminaies this Lease for any b:reach, default ar £ailure �y Lessee, Lessor will refund any unused portion of this Deposit wzthin thirty (30) days foIlowing the date that Lessee vacates the Premises. Lessee acknowledges that if Les�or terminates this Lease for any breach, defautt or faiIt�re by Lessee, Lessee s�all forfeit the entire balance of its Deposit. 5. iJ'TILTi'IEB. Lessar agrees and co�venants t�aat it will pay for aI� utilities in use on the �remises, with tha exception of fielephone utili�ies. For aIl leased space in the basement of the Terminal, Lessee acicnowledges that Lessar will not pro�ide or pay for any air canditianing or heating sexvices. Be%re installing ar�y fy�� of air conditioning nr h�eating devices in the basement af the Termival, Lessee shall obtain written permission from �he Direetar of Airport Systems ar authorized representativa and shall, at Lessee's own expense, provide a ventilation system acceptabla to Lessar. Lessee agrees that aIl heating equipment and other e�ectrically-operated equipznent which may be used an the Premi.ses shall fully comply with tl�;e City of Fart Worth Mechanical, El�cttica�, �'lumbing, Fire and BuiIding Codes, as they exist or may hereafier be axnended. 6. M�INTENANCE ANll REPA�. 6.�. Maintenance and Repairs �v Lessor. Lessor shall provide jani#arial services to the Premises unless located in the basement of the Termina�. Lessor agrees to perfornn minor repairs and maintenance on; a timely basis as rsquired hy the ordinary use af the Pzemises under the terms of tlais L�ase and which are not caused by any violatzon thereof by Lesse�. Lessor shall have the rigkat and privilege, throttgh itis officers, agents, sexvants or employees to inspect the Premises at any tinne. If Lessor determirtes that Lessee is responsil�la for any maintenanc� or repairs required on the Premises, it shall notify Lessee in writing. Lessee agrees to u�dertake such maintenance or repair work 2 ar pxomulgated in the future, which pertairt to asbestos containing materials. Lessee covenants and agrees to cooperate fully with any asbestos abat�ment activity pla�. or asbestas operations and maintenarnce plan set forth by Lessor. Lessee further covenants and agrees to n.otify and obtain v�ritten appro�val fronn Lessor prior to Lessee's undertaking of a�ny repairs, renovations, alterations or ilx�provements to the Premises or of any other activity whi.ch might disturb asbestos-oontaining materials. Lessee agrees ihat it shall be solely respansible fo:r all expcnses of suok� activities. Lessor retai�as the night to perform or cause to be perfor�ned air samplin:g on the Premises to checic for �he preser�ce of aixborne asbestos iibers. Lessee agrees to a1low Lessar full access to the Premises to per�orm sucla tests. Lessnr will make the resul#s of any such tests available to Lessee at Lessee's request. 7.2. Lessee's Acceptance of Premises. Lessea agrees and covenants t}aat it has inspected the Premises and is fully advised oi its own rights withaut reliance upon any representatian rnade by Lessor concerning tha cond'ztion of the Premisas. Lessee accepts the Premises irt its present condition as satisfactory for all purpases set fo�� in this Lease. $. CONS�RUCTI�N AND IlV�ROVEMENTS, Lessee may not undertake or alldw any party to undert�kce any kind o� alteratian, erectian, impravernent or ofiher canstruction work on or to the �'remises unless it first requests and receives in writing apprnval fram tk�.e Director of Airport Systetns or authorized rapresentative. AIl such appraved constructi�n worlc on and improvements to the Premises sha11 comp�y fc�lly with the Americans wiih Disabilities Act of 1990, as amended. 9. PA].�KIl�TG. Lessee shall have the right to use the designated public parking areas a.nd, to �e extent a�'ailable and in accordance with pol.icies established by th� Directar of Airport Syste�ns or autharized repr�sentative, to reserve parking space in the per�it area lcnown as Lat B an the narth side of the Terminal for the parking of company vehicles and fhe v�tucles of its empioyees, l�censees or ir�vitees, subject to all ardi�zances and. regulations of the Ciiy o��ort Worth and all other applieabie laws. 10. II�E OF PRENIISES, Le55eE agrees to use the Premises �xclusive�y for aviation or �.viation-related cammercial activities. It is specif'tcally agread and stipu�ated that the folIowing concessions a.re prol�ibited undar tkiis L�as�, uniess specifica�ly approved by the Airector of Airport Systems ar authorized representa�ive: (i) ground iransportati�n for hire; (ii) motor v�hicle rental, it►cluding ta� and lir�ouszne service; (iii) faod sales; (i�} barbex and valet services; (v) aleaholic baverage sales; and (vi) aviation-r�lated sates a£ pilot supplias. � 11, SIGNS. Lessee may, at its own expense and with the prior written appro�al a£ the Director of Airpart Systems or authorized representative, create, ir�stal� and maintain signs in the Terminal indicatitag Lessee's business. Such signs, laowever, must be in keeping with tiie size, color, location and �anner of display of other signs thro�tghout the Termznal. In addition, Lessee �nay, at its own expense, make, install and maintain a sign autside the Terminal on Lessor's property subject to prior written approval by the ]�ireetor of Airport Systems or authorizad representative as to the sign's placennent, appearance, construction, and confornniTy with applicable CiLy Code restrictions. �.essee shall maintain aIl signs in a�afe, neat, sightly and physieally good condition. Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises rasulting from th� installation, maintenance or remaval of any such sign. Lessee also agrees to remove any sign at its awn expense immediately u�on receipt of instructions for such removal from the Director of Air�ort Systems or authorized repres�ntative. 1�. RIGHTS AND RESERVATIONS OF LESSOR. Lessor hereby retains the fo1.I.ou+ing rights and resarvation's: I2.1. AlI fixtures and items permanently attached to any structure on the Premises belong to Lessor, and any additinns or alterations made thereon, shalI im�adiate�y �ecoxr�e the property of Lessor. 12.�. L�ssor reserves tha right to take anp action it considers necessary to protect the aerial appraaches of fihe Airport against obstruction, including, but r�ot limited to, the right to pre�ent Lessee from, erec#ing or permitting to be ereeted any building or other structure which, in the opinion af Lessor, would limit the useiulness of �e Airport, constitute a hazard to aircraft or diminish the capability Qf existing or futura a�igational or navigational aids used at the Airport. 1.2.3. Lessor reserves #he night ta close temporarily tl�e Airport ar any of its facilities for maintenance, improvements, safaty or security of eitiier �t�,e Airport or tl3.e public, or for any other cause deemed z�ecessary by Lessar. In this event, Lessor shall in no way be liable for any damages asserted by Lessee, including, but not Limited to, damages from an alleged disruption af Lessae's business operations. 1�.4. This Lease shall be subordinate to the provisions of any existi�ng or future agreern�ent bettiveen Lessor and the United States Governnaent which relates to the o}�eration or maintenance of the Airport and is cequired as a condition for the expez�d'zture of federal funds �'ar the development, maintenanca or repair of Airport infrastructure. 12.5. During any war or natianal emergency, Lessor shal� have the night to lease any part of the Airport, including its landing area, to the United States Governumant. Yn t.�ais event, any provisions of this instrument whiah are inconsistent �c�vith the pro�isions of the Iease to tha Governu�ent shall be �uspended. Lessor shall not be liable for any loss or damages alleged by Lessee as a result af this aotion. However, nothing in this Lease shall prevent Lessee fram pursuing any rights i� may have for reimbursement from the United States Go�ernment. 5 1�.6. Lessor covenants and agrees that during the term of this Lease it will operate and rnainfain the Airport and its facilities as a public airport consistent with and �ursuant to the Sponsor's Assurances gzven by Lessor to the Unit�d States Go�ernment through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's ri�hts and privileges hereunder shall be subardinate to the Sponsor's Assurances. i3. INSURANCE. 13.1. Tynes af CoveraEe and Limits. Lessee shall procure and maintain at all times, in full force and effect, a policy or policias of insurance as specified herein, naming the City of Fort �orth as an ac�ditional insured and coveting a11 pnblic risks related to the Ieasing, use, aecupancy, maintenance, existence or �ocaiion of fhe Pretxiises. Lessee shal� obtain the following insurance coverage at the limits specified herein: Commercial General Liability: $3d0,oao.oa �er o��u������ (ineluding Products and Compl�ted Operations In addition, Lessee �hall be responsible for ail insurance to any approved construciion, improvements, modifications or rennvations on ar to the Premises and for personal prc�perty of Lessee or in Lessee's care, custody ar contro�. 13.2. Adiustments to Reauired Covera�e and Limits. �surance requirernents, including additional types and limits of coverage and increased �imits on existing coverages, are su�jact to change at Lessor's option, and Lessee will accordiulgly comply with st�ch new requirements r�vithin thirty (30) days fallowing natice to Lessee. 13.3. Certiiicates. As a cond'ation precedent ta the effectiveness o� this Lease, Lessee shall furziish" Lessor with a cartificate of insuratace sigtied b� the underwriter as proof th.at it has ob#ained the type� and amnunts of insurance coverage required herein, Lessee hereby cavenants and agrees that not less than thirty (30) days prior to the exp�ratinn of any ins�ranee policy required hereundar, it shall provide Lessor witli a new or renewal certifcate of uasurance. Tn additr`on, Lessee sha.11, on demand, provide Lessor with evzdence that it has maintained such coverage in full force and efFect. 13.�. Additional Reauiwernents. Lessee shaIl maintaiza zts insurance with underwriters authoxized to do �usiness in the State of Texas and which are satisfactory to Lessor. The golicy or policies of insurance shall be endorsed to eover all af Lessee's operatians at tlae airport and to provide that no material changes in coverage, including, but not limited to, cancejlaiion, termination, nonrenewal or amendment, shall be made without thirty (30) days' prior written natic� to Lessor. C 14. INDEPENDENT CONTRACTOR. It. is expressly understood and agreed that Lessee shal] operate as an ind�pendent contractnr as to all rights and privileges granted hErein, and- not as an agent, representative or employee a� �.essor. Lessee shall have the exclusive right to control the details of ats operations and activities an ihe Prsmises and shall be soleiy responsible far the acts and omissions of its offcers, agents, servants, ernployees, contractors, subcontractors, patrons, Iicensees and invitees. Lessee acknawledges that the doctrzne of respondecrt superior shall noi apply as between Lessor and Lessee, its afficexs, agents, employees, contraetQrs and subcontractozs. Lessee fiirkhsr agrees that nothing herein shall be construed as the creation of a partnershzp or joint enterprise between Lessor and Lessee. I5. ]NDEMNIT�CATION. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND10R PERSONAL INJURY OF ANY KIND, INCL UDIiVG DEATH, TO ANYtIND ALL PERSONS, OF ANY KWD OR CHARAC�'ER, WHETHER �tEAL OR �fS,�ERTED, ARISIIVG OUT OF OR IN CONNECTIQN WITH THE USE OF ?'HE AIRPORT UNDER THIS LEASE OR YYITH THE LEASING, MAI'NTENANCE, U'SE, DCC UPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CArTS`ED BY THE NEGLIGENT ACTS QR OMI'SSIQNS �R .IIVTENTIONAL MlSCOND UCT OF LESSOR.. LESSEE CDVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY, HOLD II�IRMLESS A1VD DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANT,S A1VD EMPLOYEES`, FROM AND AGAINS'T ANY AND A�L C.LAIMS �R LAWSUITS FOR EITHER PR�PERTY DAMAGE OR LOSS (INCLUDING ALZEGED DAMAGE O.R LOSS TQ .LESSEE'S B USINES�` AND ANY RESULTING LOST PROF1'TS} AND/DR PERS'ONAL INJURY, INeL UDING DEATH, TO ANY AND ALL PERSDNS, OF ANY KIND OR CHARACTER, YYHE�HER REAL OR ASSERTED, ARISIIVG OUT OF 4R IN CONNECTI"ON WITH �'HE USE 4F THE AIRPORT UNDER �'HIS LEASE OR WITH THE LEA�`ING, MAIN7'ENANCE, US'E, OCCUPANCY, F�I�TENCE OR LOCATION OF THE P.REMISES, E.Y�EPT TO .THE EXTENT CAUSED BY THE NEGLIGENT �fCT'S OR OMISSI'ONS OR INTENTI411tAL MISCOND UCT OF LESSOR.. LESSEE ASSUME,S ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY A.ND ALL INJURY OR DAMAGE TD LESSO�'S PROPERTY WHICH ARISES O U?' 4F OR IN CONNECTION Yi'ITH ANY AND ALL ACTS OR OMISSIONS OF LES,SEE, ITS OFFICERS, AGEIVTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS �R TRESPASSERS, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMIS`SIDNS OR INTENTI'O1VAL MISCONDUCT OFLESS'OR.. LESSOR DOES NOT GUAR�IVTEE POLICE PR4TECTl'ON TO LESSEE OR TTS PROPERTY. LESSOR SHALL 1VOT BE RESPONSIBLE FOR LNJURY TO ANY PERSON ON THE PREMISES DR FOR HA.RM TO �4NY PROPERTY WHtCH BELOiVGS TD LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRDNS, AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSE�' HEREBY INDEII�VIFIES AND HOLDS HARILILESS LESSOR, ITS' OFFICERS, AGENTS, SERVANTS AND EMPLDYEES FRDM AND AGAINST ANY AND ALL SUCH C.LAI'Ms 7 EXCEPT TO THE EXTENT Ct! rISE.D BY THE NEGLIGENT ACTS OR OMISSI'ONS OR INT�NTIONAL MISCOND UCT OF LESSOR.. 16. W�1NER OF CHARiTABLE IlVIlI�UNITY OR EXEMPTION. If L,essee, as a charitable association, corporation, partnership, individual enterprise ar entity, claims immunity to or an exez�nption from liability for any kind of property damage or personal damage, injury or death, Lesse� hereby expressly wai�es its rights ta plead defensive�y any sueh imrnunity or exemption as against Lessor. 27. TERIVIINATION. Upon termination af this Lease, all rights, powers and privileges granted to Lessee hereiinder shall cease and Lessee shall immediately vacate the Premises. Lessee agreas that it wil] return the Premises and all appu�rtenances and improv�ments thereon in good order and repair and in the same condition as existed at the time this Lease was entered into, subject to ordinary wear and tear. Lessor shall have ihe immediate righi to take full possession of the Premises and ta remove any and a11 parkies remaining on any part of the Premises without iurther Iegal process and witlaout being liable for trEspass or �ny other claim:, Lessor shall alsa have the right to remor�e any and all ftxtures or equipment that znay be found withiri or upon the Premises without being Iiable therefor. Lessae agrees that it will assert no claim of any kin� againsi Lessor, its agents, servants, empIayEes or represe:n#atives which tnay stern fram Lessor's terminatian af tha Lease or any act incident to Lessor's assertion of its right to tertz�inate. 18. NOTICES. Natices required pursuant to the provisions of this Leas� shall be conclusively determined to ,have been deiivered whan {1) �and-delivered ta the other party, its agentts, empioyees, servaz�ts or representatives, or {2) depasited in the United States Mail, postaga prepaid, addressed as follo�vs: To LESSQR: For Rent: City of FQrt Worth Re�+enue Off'ice 1000 Throcl�norton Street Fart Worth, Texas 76102-63 I2 Far A!1 Other Matters: A�iatian Departrnent Meachazxi Iniernational Azrport 4201 North Main, Suite 200 Fort Worth, Texas 7'6106-274�3 To LESSEE: Dan Dase Insuranae Agency, Inc Meacham International A.irport 4201 Norti� Main Street, Suit�-210 �`ort Worth, TX 76106 19. ASSIGNMENT AND SUSLETTING. Lessee shall not assign, sell, convey, sublet or transfer any of its rights, pri�ileges, duties or interests granied by thzs Lease withou# the advance writt�n consent of Lessor. .A.ny such transaction attempted hy Lessee withaut priar written consent by Lessor sha11 he null and void. If Lessor consents to any such trattsaction, the respective assignee or sublessae shall cansent to comply in Writing with all terms and conditions set forth in this Lease the satn.e as if tha� pariy �aad originally exeeuted this Lease, 20. LTENS BY LESSEE. Lessee ackn;owledges that it k�as no authority to engage in any act or to make any contract which may create or he the foundation for any Iien upon the properiy or int�r�si in the property of Lessor. If any such purportad lien is created or filed, Lessee, at its sole cost and expense, sha1� liquidate and discharge the sazne within thirty (30) days a£ such creation or filing. Lessee's faiXurc to discharge any such purported Izen shall constitute a breach of this Lease an.d Lessor may terminate this Lease immediaiely. However, Lessee's #znancial obligation to Lessor to liquida#e and discharge sUch Iien shall continue in effect following terrnination of fihis Lease and until such a time as the lien is discharged. �1. T�iXES AND ASSE�SMLNTS. Lessee agrees to pay any and ajl federal, state or local taxes or assessments vvhieh may IawfiiIly ae levied against Lessea due to Lesse�"s use or aocupancy of the Pretnises or any improvements or properiy placecf on tha Premises by Lessee as a result of its accupancy, ��. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Lessee cove�ants and agrees that it shaIl not engage in any unlawfuI use of the Prexnises. Lessee furt�ter agrees that it shall not permit its officers, agents, servants, employeas, eontractors, subcontractors, patrons, licensees or invi�ees to engage in, any �nlawfui use of the Premises and Lessee itntnediately shall remove from the Premises any person engaging in such unlawFul activities. L7nIawful use o�the Premises by Lessee itself sha11 cansiitute an immediaYe breach of this Lease. Lessee agrees to. camply with all %deral, state and Iocal Iaws, all ordinanc�s, rules and re�ulations of the City of Fort Worth and the City of Fort Wor� 1'olic�, Fire and Health Departmants; aIl rules and regutations esfablished by filie Director af Airport Systems; and all rules and regulations adopted by the City CounniI pertaining to the conduct required at airports otivned an.d operated by the City, as such laws, ordinances, rules and regulatians exist ar may hereafter be amended or adopted. If Lessor �otifies Lessee ar any of its officers, agents, emplayees, contractors, subcontractors, Iicensaes or invitees of any vioIation of such Iavvs, ordinaz�ces, rules or regulations, Lessee shall immediately desist from and correct the violation. 23. NON-DISCRIMTNATION COVENANT. 0 Lessee, fox itself, its personal representati�es, successors in interest and assigns, as part of the consideration h�re.in, agrees as a cavenant running with the laz�d that no person shall be excIuded from participation in or denied the benefits of Lessee's use of the �'remises on tlne � basis of race, co�or, national arigin., religion, handicap, sex, sexual orientation or fam.ilial status. Lessee furiher agrees for itsel% its personal representatives, successors in interest and assigns that no person shall be excluded frorn the provisian of any services on or in the canstruction of any improve�ents or alterations ta the Premises on grc�unds of raee, color, national oxigin, religion, handicap, sex, sexva.l orientatian or £ainilial status. Lessee agrees to furnish its accommodations and to price iis goods and services on a iair and equal basis to alI persons. In, addition, Lessee covenan#s and agrees that it vvill at all tianes com�aly with any requirements itnpased by or pursu�ani to Titla 49 of the Code of Federal Reg�lation�, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Tra�sportation and with any amendFnents to tt�zs regulation which m.ay hereaf�er be enacted. If any claim arises from an alleged vialation of tbis non-discrimination covenant by Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemtiify L�ssor and hold Lessar harmIess. �4. LICENSES AND PERMITS., Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits n�cessary for the operation af its busines� aY. the Ai�port. 25. GOVE�1�i11�NTAL PUWER�. Ii is understood and agreed that by execution of this Lease, th� City of Fort Worth does �:ot waive or surrender any of i#s governrnental powers. 26. NO WA�VER. Th� failure of Lessox to insist upon the performance of any term or pro�ision of this Leas�e or to exercise any right granted herein shall not constitute a waiver of Lessor's right t4 insist upon ap�rapria�e perfoz�mance or to assert any such right on any futura c�ccasion. 27. VENUE. Should any actio�, whether real or asserted, at iaw or in equity, arise out of the terms of this Lease or by Lessee's operatzons an the 1'remises, venue for such action shall lie in state courts in Tarrant County, Texas, ar the United States District Court for the Northarn District af Texas, Fa:rt Worth Divisinn. T3szs Lease shall be construed in accordance wiih the Iaws o� the State of Texas. 10 28. ATTORNEYS' FEES. Tn any action brought by Lessor for the enforcement of the obligat�ons of Lessee, Lessor shall be entitted to recover anterest and reasonable attort�.eys' fees. 29. SEVERABILITY. If az�y provision af tb.is Lease shall be held tn be invalid, i�legal or unenforceable, t�:e validity, Legality an�l en%rceability of the remainin�g provisions s�all not in any way be af�ected or izx�.paired. 30. FORCE MAJEiTRE. �,essor and L�essee shall exercise every reasonable effart ta meet their respective obligations as set forth in this Lease, but shall not be held Iiable for any delay in or omission. of performance due to farce maj�ure or other causes beyond their reasonable control, including, bUt not limited to, compliance with any govetnment law, ordinance or regulatian, acts of God, acts of omission, fires, strikes, lockouts, national disasters, vwars, riots, materiai or labor restrictions by any gavernmental au�hority, transportation problerns antl/or any other cause bey�nd the reasonable control o�the parties. 3I. HE,A.DINGS NOT CONTROLLIlVG. Headings and titles used in this Lease are for re%rence purposes only at�d shall not be d�emed a part of tl�is Lease. 1 '� 32. ENTIRETY OF AGREEMENT. This written instrument, incIuding any docum�nts incorporated herein by rafarence, contains the entire understanding and agreem,�nt between Lessar and Lessee, its assigns and successors in interest, as to the matters contained herein. Any prior ar conterriporaneous ara] or writt�n agreement is hereby declared null and void ta tkie extent in co�flict with any provisions of this Lease. The tern7s and conditions of this Lease shall nat be amended unless agreed to in writing by bot� parties and approved by the City Cauncil of Lessor. I�� IN WYT SS WHEREOF, the arties hereto have executed this Lease in �nult�plas this� day of � � U��. , �0 . � CITY OF FORT WORTH: B3'� _/ _._ Assistant City Manager ATTEST: , rr �I�l �y:_ y�� � �:f..�. �� � G�OI'la �@&I'S,OIl City Seorel�ry ,� �/ � I.JC' � /LJV��7'�- APPROVED AS TO FORM AND LEGALIT�: � Asszstant City 1-�ttnrney M&C No. NIA_ _ _ _ _ _ Dan Dase Insurance Ageney, Inc.: � � By: Dan ase President ATTEST: �� ' �f�����!L� �'��� 1 �� �' ����€��� ' � d �e uVl11f•:Y9tl� QLryfnll STATE OF TE�AS CDUNTY OF TARR�INT BEFURE ME, the undersigned authority, a Notary P�xblic in and for the State o£ Texas, on �lais day personally appeared Dan Dase, lcnown to me to be the persaz� whose nauZe is subscribed to ths foregofng instrurnent, and acknowledged t� me that the same was tlae act of Dan Dase Insi.�rance Agency, Inc, an3 that h.� executec� the same as the act of Dan Dase Insurance Agency, Ino. %r the purposes and eonsiderataon therein expr�ssed and in the capacity therein stated. GIVEN �JNAER �(y A��� ----� - \ - U STATE OF TEXAS COUNTY OF TARRANT 1V�Y H.ANl7 AND SEAL OF OFFICE this i� day of ' �"ti'141�1111lil11111// ,•��'` �: !���►'��, .�1` ���Y � ,,� � ���;� ��.,���� i�l� ` ! `� ; :=Nota ub ic in and for the State of Te�as �Y : �� �'�'� : .,�� . �,,��, . `ti���` `''� °�'���ii��,�. ,,���41�rf�ci I �, �►��A`� � , BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared /� a�� �3 . OT1r , knowz�. to me to be tlae person whose name is subscribed io ihe foregoing instrument, and acknowledged to me �hat the same was the act of the CITY OF FORT WORTFI and that he executed the same as th� act of the C�TX OF FORT WORTH for the purposes and considaration therein expressec3 and in the capaeity therein stated. GIVEN UNI)ER MY �3AND AND SEA�.. OF OFFICE �his ��� day of �,9k�— , .�.�2� _, .. . :.�;_- , - - ., - ___ s, � �,�R�; r;+d`�"�,4 #��7i°I� l��1� � — ° z Naiary Public, S�te of Texas � � r:, ' � N!y Cammfsslon �xpirgs �roF=�'� Ju�y 2�, 20a3 � MIIIR _P Notary Puhlic in and for the State af Taxas 93 �a���� ���V� �an Dase ]nsurance �ompany �xhibit � �► �oNT� to mor�rH I SUITE� _ J � 91MENSiONS �� � 214 lI13'10"x$'7"+92'1"x8'7"+8'1"x1�2"*6�5„x5�� ALlfa a I FORi �dBAeHFN ��RTH �HT� n��,aRrn��nrr a� � ut� �'�o u ./ srixks SQ. �i. RA7� M�NTH Y�AR Z35 �_ $12.09� $�36.i6f $�,84�.1�� ExhibitA.Dan base fnsurance.month to month 71�8/02