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HomeMy WebLinkAboutContract 27588� CI`�Y_��CREi�RY , � ; ��NT�;�G�' 1� . . ,_�'�� �'�- FORT WO�TH MEACHAM INTERNATYONAL AIRPORT TERMI1�iAL BUILDIl�G OFFICE LEASE AGREEMEI�IT (MONTH�TO-MONTH) This TERMINAL BUILDTNG OFFICE LEASE AGREEMENT ("Lease"} is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule munieipal corporation situated in Ta�car�.t Caunty, Texas acting hy and through its duly authorized Assistant City Manager, and FRED GRIFFIN ("Lessee"), a� indi�idual. � cansideration of the �nutual covenants, promises and flbligations contained herein, the parties ag�ee as follows: 1. PR�PERTY LEASED. Lessar demises and leases to Lessee the following real property (hereinafter referred to as "Premises") in the Termin.al Building {"Terminal"} af Fart Worth Meacham International Airport ("Airport") in Fort Worth, Tarrant Gounty, Texas: 1.1. 7�8 square feet of f�zst flnar office space identifzed as Suite 117 and 117' Hallway, and depicted on Exhibit "A", attached hereto and hereby rr�ade a paxt of this Lease for aIl purposes. �. TERM OF LEASE. This Lease s�all opearate on a month-to�month basis, commencing on the date of its exec�tion. This Lease will auiomatically renew on the first (lst) day of each manth unless terminated by either party. Tn order to termin.a#e this Agreement, a party must provide the other party with written notice of its intent to terminate not less than thirty {30) days prior to the effecti�e date af such termination. 3. RENT. 3.1. Amount. Lessee shalI pay Lessor as nnanthly rent for the Pxemises the sum of Seven Hundread Eighry-Two and O1/100 Dallars ($'�8�.01). The rental rates und�r this Lease are based on Lessor's published Schedule of Rates and Charges iz� effecfi as of the E�ective Date of thzs Lease. Prior ta the Effeetive Date of this Lease, Lessee shall pay one (1) manth's rent in advance. Lt� the �vent that this Lease commences on a day other than the first (1 st) day of an� giwen month, the iirsfi month's rental payment shall be prorated in accordance with the number of days remaining in thaf month. :'u�G'til� �'U�I.�lJ1�L' . ��� 0�`�r ��������f��� ' ��. �� ���[�F �i�. 3.2. Pavment Dates and Late Fees. All montl�ly rent payments under this Lease are due on ar befoxe the f�rst (lst) day of each mon�. Payments must be received dUarzx�g nozmal working hours by the due date at the locatian for Lessor's Re�enue Offce as set forth in Section 18. Rent sha�l be considered pasi due if Lessor I�as not received full payrn�nt after the (10tI�) day o� the month for which payment is due. Lessor wi11 assess a late penaliy cb.arge of ten p�rcent {10%) per manth on top of the entire month's rent fox eaeh month in whzch rent is past due. 4. DEPOSIT. Upon execution of this Lease, Lessee will remit ta Lessor a maintenanceldamage deposit ("Deposit") equivalent to one month's rent. Thereafter, Lessee shall, a� a minimum, maintain its Depasit zn. an amount that is equivalent to its current monthly rental amount �or the Premises, However, Lessor may increase th� amount of the Depos�t to a xeasonable surn in excess of one month's rent. Lessee's failure to maintain its Deposii as required shall constitufie a breach of 'this Lease. Lessee's Deposit shall be in the form of a cash payment. Lessee will not be entitled to a.ny interest an this Deposit. Unless Lessor terminates this Lease for any breach, defa�xlt or failure by Lessee, Lessor wili refund any unused portion of tb.is Deposit within thirty {3fl) days fallowing the date tiia� Lessee vacates the Premises. Lessee acknowl�dges that if Lessor terminates this Lease for any breach, default or faiiure by Lessee, Lessee shall forfeit the entire balance of its Deposit. 5. UT�L�TIES. Lessor agrees and covenan#s that it will pay for all utilities in use on the Premises, with the exception of telephone utilities. For all leased space in the basement af the Te�rninal, Lessee aeknowledges that Lessor will not provide or pay for any air canditioning or heating ser�vices. Befare installing any type of air conditzoning or heating de�ices in the basernent o#' the Terminal, Lessee shall obtain writtezz permissian from the Directox af Airpart 5ystems ar autharized xepresentative and shail, at Lessee's vwn expense, provide a ven�ilation system acc�piable to Lessor. Lessee agxees that a�l heatzng equipzx�ent and o#her eIectrically-operated equiprnent which may be used on the Premises shall fully cornply with the City o� Foz� Wort� Mechanical, Electrical, Plumbing, Fire and Builc�ing Codes, as they exist or may hereafter he amended. z G. MA�NTENANCE A1�D REPAiRS. 6.1. Maintenance and Repairs by LeSsor. Lessor shall pro�ide janitorial services to the Premises �nless locat�d in t�ie basement of the Terminal. Lessor agrees to pex�arm nninflr repairs and maintenance on a timely basis as required by the ardin�ry use of th� Premises under the terms of this Lease and which are not caused by any violation therevf �y LeSsee. Lessor shall hav� the right and privilege, through its officers, agents, ser�+ants or employees to inspect ihe Prernises at any time. Tf Lessor determines that Lessee is responsible for any maintenance or repairs required on the Prem�ises, it shall notify Lessee in wri�ing. Lessee agrees to undertake such maintenanc� or repair work withitn tlurty {30) calendar days of receipt of notice. If Lessee fails to undertake the maintenarice or repairs recommended within this time, Lessar may, in its discretion, perform the necessary maintenance or repairs on behalf of Lessee. In this event, Lessee will reimburse Lessor for the cost of the rnaintenance or repairs, and payment wi.11 be due on the date of Lessee's ne�t rnanthly rental payrnent following completion of the repairs. 6.2. Maintenance and Renairs bv Lessee. Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at all times LEssee covenants and agrees that it wilf not r�aake or suffer any waste of the Premises. Lessee shall not allow any holes to be drill�d or made in the brick, plaster or ce�nent work. Lessee will not pile ox store boxes, cartons, barrels or ather similar items in a manner that is unsafe arr unsightly. Upon terminafiion af this Lease, Lessee agrees to return the Premises to Lessor in the same eondition as originally recei�ed, subject to ordinary wear and t�ar consistent wrth narmal use over time. Lessee is responsible for all damages caused by the �eglig�nce or misconduct of Lessee, its agents, servan.ts, employees, contractaxs, subcontractors, patxons, licensees, invitees ar trespassers. For any partion of the Fremises located in irhe basement af the Terminal, Lessee shall provide, at Lessee's own exp�nse, and use caver�d rnetal receptacles for the temporary starage of all trrash and garbage and az�range and pay far the sani�ary transport and permanent disposal away from �he Airport of a11 of Lessee's trash, garbage azid refuse. 6.3. Insuection. Lessor, through its officers, agents, servants or emplayees, reserves the right to entar the Premises at any time in ordex �o perform any and all duties ar obligations wluch Lessor is authorized or required to do under the terms o� this Lease or to perform its govezn�mental duties under federal, state or local rules, regulations and laws (including, but not limited to, inspections ur�der applicable Health, Mechanic�.l, Building, Elecfirical, Plumbing, and Fire Codes, ar other health, safety and general weliaxe regulations). 3 Lessee will permit the Fire Marshal of the City of Fort Worth or his agents to make inspectian o� the Premises at any time, and Lessee will comply with all recomrnendations made to Lessee by the Fire Marshal or his agents to bring the Premises into compliance with the City of Fort Worth Fire Gode and Bui�ding Code pravisions regarding fire saf�ty, as such pravisians exist or may hereafter be added or amended. Lessee shall n�aintain in a praper condition accessible fire extinguishers of a number and type approved by Fire Underwri�ers for the particular hazard invQlved. Lessor shali provide Lessee with advance notice of inspection when reasonable under the circumstances. 7. ACCEPTANCE OF PRENIISES. i.l. Asbestos Abatement Activities. Lessee acknowledges the existence of crsbestas-containing material an the Premise,s. After inv�stigation by Lessor, Lessar represents that, to fhe besf oF its knowledge, asbestos-containing material.s exist on the Premises to the extent identified in Lessor's Level II Asbestos Assessment Report dated October 12, 1992, a public document on file in Lessor's City Secretary's Office and incorporated herein by reference for all purposes. Lessee covenants and agrees to cozn:ply with all federal, state and local laws and regulations, now in existez�ce or promulgated in the futt�re, which pertain to asbestos contairiing materials. Lessee covenants and agrees to cooperate fully with any ashestos abatement activity plan or asbestos �operafions an.d ma.iritenance plan set forth by Lessar, Lesse� further covenants and agrees to notify and obtain written approval from Lessar priar to Lessee's undertaking of any repairs, renovations, alteratians or improvernents to the Preznises or of any o#her activi#y which might disturb asbestos-containing materials. Lessee agrees that it shall be solely responsibie far all expenses of sueh activities. Lessor retains the night ta perform or cause to be performed aix sampling an the Premises to check fox the presenc� of airborne asbestos fbers. Lessee agrees to atlow Lessor full access to the Pre�ises to perfo�m such tests. Lessor will make the results of any such tests avaiiable to Lessee at Lessee's request. i.�. L�ssee's Accenfance of Premises. Lessee agxees and covenants that it has inspected �he Premises and is fully advised of its own rights without reliance upon any representation made by Lessor concerriing the candition of the Prezx�ises. Lessee accepts the Premises in its present condition as satisfactory for all purposes set forth in t�is Lease. S. CONSTRUCTION AND IMPROVEMENTS. Lessee may not undertake or allow any party ta undertake any kind of altera�ion, erection, irnprovement or other construction work an or to th� Premises unless it first requests and receives in wtiting approval from the Di�ector of Airport Systems or aufhorized r�pr�sentative, 4 All such appro�ed construction work on and improvements to the Premises shall cornply fu11y with the Americans with Disabilities Act of 199Q, as amended. 9. PARKTNG. Lessee shall hav� the right to use the design.ated public parking areas and, to the extent available and in accordance with policies established by the Director of Airport Sys�ems or aut�orized representative, to reserve parking space in the permit axea l�own as Lot B an the north side of the Terminal for the parking of company vehicles and the vehicles of i�s employees, licensees or invitees, subject to a11 ordinances a�d �egulations of the Ci�y of Fort Worth and all other applicable laws. 10. USE �F PREMTSES. Lessee agrees #o use the Premi�es exclusively far aviation or aviation-related comrr�ercial activities. Lessee is prahibited frnm using or storing materials on the cottnter space adjacent to the surte. It is specifcally ag�eed and stipulated that the followuzg concessions are prohil�ited under this Lease, unless specifically approved by the Director of Airport Systems or authoriz�;d representative: (i) ground transportation fox hire; (ii) mvtor vehicle rental, including taxi and limousine service; (iii) food saIes; (iv) barber and valet services; (v) alcoholic beverage saies; and (vi) aviation-related sales af pilot supplies. 11. SIGNS. Lessee may, at its own expense and with the prior written appro�al of the Directar of Airport Systems ax auth4rized representative, create, install and maintain signs in the Tezminal indicating Lessee's business. ,Such signs, however, must be in keepzrzg with ihe size, colar, location and maru�er of display of other signs throughout the Terminal. �i addition, Lessee may, at its owm expense, make, install and rnaintain a sign outside the Terminal on Lessar's property subject to prior written appraval by ihe Director of Airport Systems or authorized representative as to the sign's placernent, appearance, constructian, and conformity with applicabl� City Code irestrictions. Lessee sha11 mainiain all signs in a safe, neat, sightly and physically good conditian. Lessee agrees to pay Lessor for any darrxage, itnjury ar necessary repairs ta the Pr�mises resuiting from the installation, maintenance or removal of any such sign. Lessee also agrees to remove az�y sign at its own expense imrnediately upon receipt af instructions for such rem;oval fram the Direciar of Airport Systems or authorized representati�e. : 1�. RIGHTS AND R�SERVATIONS OF LESSQR. Lessor hereby retains the following righis and res�rvations: 12.1. All fixtures and items permanently attached to any structure on the Premises belong to Lessor, and any additions or alterations made thereon, sha11 irnmediaiely became the property of Lessor. 1�.�. Lessor reserves the right to take any action it considers necessary to protecf the aerial apprc�aches of the Airpoz� again.st obst�ruction, including, but not limited to, the right to prevent Lessee from �r�cting or permitting to be erected any building or other structure which, in the opinion of Lessor, wouid limit the usefulnc;ss of the Airport, constitute a hazard to aircraft or diminish the capability of existing or future a�igational or navigatio�al aids used at the Airport. 12.3. Lessor reserves the night to close temporarily the Airport or any of its facilities for maintenance, irnprovements, safety or secuxity of either the Airport or the public, or for any othex cause deemed necessary 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 of Lessee's business operations. 1�.4. This Lease sliall be subordinate to the provisions of any exis�ing ar future agre�rnent batween Lessor and the United S#ates Government which relates to the operation or maintenance af the Airport and is xequixed as a conditioz� fox the expenditure af federal funds �or t�e developm�nt, maint�nance or repair of Airport in�irastructure. 12.5. During any war or national emergency, Lessox shall have the night to lease any �art of the Airport, incluc�ing its landing arEa, to the United States Government. In this event, any provisions of this ins#iument which are iz�consistent wi.fh the provisions of the lease tQ the Gavern�r�ent shall be suspended. Lessor sha11 not be liable for any loss or damages alleg�d b� Le�see as a result of this ac#ion. However, no�aing in this Lease shall prevent Lessee from pursuing any rights it may have for rei�nbursement from the United States Ga�'ernment. 12.G. Lessor covenants ax�d agrees that during the term of this Lease it will opera#e and maintain the Airpart and its facilities as a public airport consister�t with and pursuant to the Spon.sox's Assuranees given by Lessor to the United States Governrnent th3rough the �'ed�ral Airport Act; and Lessee agrees that tbais Lease and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's Assurances. � 1.3, INSURANCE. 13.1, Tvnes af Covera�e and Limits. Lessee shall procuxe and maintain at a�l times, in fu11 force and effect, a policy or policies o� insuranc� as specified herein, narning the City o� Fart Worth as an addit�onal insur�d and covering all public xisks rrelated to the l�asing, use, occupancy, rnaintenance, existence or location of the Premises. Lessee shall obtain the fol�owing itxsurance coverage at the lirnits specified herein: � Commercial General Li�bility: $300,OOd.00 per occunence {including PrQducts and Completed Operations In add'ztion, Lessee shall be responsible for all insurance to any approved construction, improvements, modifications or renovations on or to the P�remises and %r personal property of Lessee ox in Lessee's care, custody or cont:ral. 13.�. Adiustments to Reauired Covera�e and Limits. Insurance requirements, including additional typ�s and Iimits of caverage and increased limits on existing covexages, are subjeci to change at Lessor's option, and Lessee will accordingly camply with such nevv requixements wifihin thiriy (30) days following notice to Lessee. 13.3, Cer�ificates. As a condition precedent to the effeeiiveness of this Lease, Lessee shall furnish Lessor with a certificate of insurance signed by the uriderwriter as proof that zt has abtained the types and amounts of insurazXce coverage required herein. Lessee hereby covenants and agrees that not less than thirty {30) days prior ta th� expiration of any insurar�ce policy required hereunder, it shall provide Less�r with a new or renewal certif cate of insuz�ance. In additian, Lessee shall, on demanc�j 1]I'OViCle LE550T with evidence that it has maintained such coverage in full force and e�fect. 13.4. AdditionaI Reauiremeuts. Lessee shall maintain its insurance with undexwriters authorized to do business in the Staie of Texas and which are satisfactory to Lessor. The policy or policies o� insurance shall be enc�orsed to cover all of Lessee's aperations at the airport and to provide that no material changes in coverage, including, but not linaited to, caricellation, termination, nonrenewal or amendmenfi, shall be made withaut thiriy (30) days' prior written notice to Lessar. • � 14. IND�PENDENT CONTRACTOR. It is expressly understood and agreed th�t Lessee shall operate as a�n. ir�d�pendent contractor as to all rights and privileges granted herein, and not as an ageni, representative or employee of Lessor. Lessee shall I�a�e the exclusive right to control the details of its operaxic�ns and activities on t�ie Frremises and shall be solely responsible �or the acts and ornissions of its a�ficers, agents, ser'vants, cxnployees, con�'actors, subcontractors, patrons, licensees and invitees. Lessee acknowledges ihat the doctrine of �espondeai superior shall not apply as between Lessor and Lessee, its officers, agents, employees, contrac�ors and subcontractors. Lessee �urther agrees ihat nothzng herein shall be construed as the creation of a partnership or jaint enterprise between Lessox and Lessee. 1�. IlITDEMNIFICATION. L�SSEE HEREBYASSUMES�ILL �L.IABILI�'YAND RESPQNSIBILI7"YFOR PROPERTY LOSS, PROPER�'Y DAMr4GE AND/4R PERSONA� INJURF OF ANY KIND, INCL UD1NG D�'ATH, T� ANY�ND ALL PE.ftS�NS, QF ANY K.I11�D OR CHARACTER, WHETHER REAL OR ASSERTED, ARfSING 4UT OF OX I1V CONNECTI'ON WITH THE U5E O�' THE AIRP4RT �'1VDER THIS LEASE OR WITH THE LEASI'NG, MAINTENANC.�, U�E, �CCUPANCY, EXISTENCE OR .LOCATIDN OF THE PREMISES, �XCEPT TO THE EXTENT C�i US�D BY THE NEGL.�GENT ACTS OR OMISSIONS OR INTEtVT'IONAL MISCOND UCT OF LESSD.R.. LESSEE COVENANTS` AND AGR.�ES TO, AND DOES .H�R.�.BY, IND�MNIFY, .�I�LD HA�tMZESS ANI? DEFEIVD LESSOR, I�'S 4FF1'CERS, AGENTS, SERVANT,S AND E�IPLOYEES, FROM AND AGAl'NST ANY AND ALL eLAIMS OR LAWSUITS FOR EITHER PROPERTY DAII�AGE OR LOS�S (INCLUDING ALLEG.ED DAMAGE OR L4SS 7'O LESSEE'S .$USINESS AND ANYRESULTING LOST PROFI�'S) AIVD/OR PERSDN'AL INJURY, �'NC�UDING DEA?'H, T� ANY AND AZL PERSONS; DF ANY KIND OR CHARACTER, WI�ETHER REAL C?R ASSERTED, ARISING O�1T OF OR IN CDNNECTICIN WITH THE USE OF THE AIRP�RT UNDER THIS LEASE OR WI�'H THE LEAS'ING, MAINTENANCE, U�E, OCCUPANCY, EXl'S'TENCE OR LOCATI0IV OF THE PREM�FSES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS DR OMISSIONS C1R INTEIVTIONAL MI5CONDUCT OF �ESSOR.. LESSEE ASSUMES ALL �tESP�NSl'BILITY AIVD AGREES TO PAY LESSOR FOR AN�' AND ALL 1'NJURY DR DAMAGE TD LESS4R'S PROPERTY WHICH ARISES OU�' �F OR IN CONNECTION WITH ANY AND A�.L ACZ'S 4R OMISSIO�NS OF LESSEE, .�TS O�'FI'CE.RS, AG�NTS, EMPLOYEES, CONTRACTORS, SUBCON�'RACTDRS, LICENSEES, INT�I7'EES, PATRONS OR TRESPASSERS, EXCEPT TO THE �XTENT CA USED BY THE NEGLIGENT A�TS OR OMISSIONS OR I.NTENI'I�NAL MISCQND UCT OF LE�SSOR . LESSOR D�ES NDT GUARflNTEE POLICE PRO�`ECTI4N TO LESSEE DR ITS PROPERTY. LESSOR SHALL NOT BE RESP4NS�BLE FOR INJURY TO A.NY PERSON DIV TH'E PREMISES OR FOR HARM TD ANY PROPERTY WHIC`H BELONGS TO LESSEE, II'S � OFF.ICERS, AGENT,S, SERVANTS, E,t11PLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE ST�LEIV, DESTI�DYED OR IN ANY WAY D.AMAG�D; AND LESSEE HEREBY INDEMNIFIE5 AND HOLDS HARMLESS LESSOR, .ITS OFFICERS, AGEIVTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND AL�, SUCH CLAI1l�S, EXCEPT TO THE EXTEsVT CAU��D BY THE NEGLIGENT ACTS OR OMISSIONS 4R INT�NTIONAL MISCOND UCT OF LESSOR.. 16. WAYVER OF CHARITABLE IMMUNITY OR EXEMPTION. If Lessee, as a charitable associatian, carparation, partnership, indi�idual enterprise ar entity, claims itnmunity to or an exerription frorn liability for any lcirid of property darnage or persanal damage, injury or deaih, Lessee hereby expressly waiv�s its rights to plead de�ensively any such immun.ity or exemption as against Lessor. 1'7. TERMYNATIOl�. Llpon ierminatian of this Lease, all rights, pawers and privileges grar�ted tio L�ssee �.ereunder sha1� cease and Lessee shall immediately vacate the Prernzses. Lessec agree� ihat it will return the Premises and aIl appurtenances and in�provements thereon �n 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 the iz�nme�iate right to take full passession of the Premises and to remove any and all parties r�maining on any part o� the Premises wi#hout further le�al process and w�thout being liable for trespass or any other clairn. Lessor shall aiso have the right to remove any and aIl fixtures or equipment that may be found within or upon the 1'remises without being liable therefor. Lessee agrees that it wi�l assert no claim of any kin.d against Lessor, its agents, serv'ants, employees ox repres�ntatives whieh may stem from Lessor's termina#ian of the Lease or any act incident to Lessor's assertian af its right to terrninate. 18. NOTICES. No�ices r�quired pursuant to �he provisions of this Lease shall be canclusively deterz�nined to have been delivered when (�) hand-deli�rered to the other party, its agents, employees, servants or representataves, ox (2) deposited in the United States Mail, postage prepaid, addressed as follows: To LESSOR: For Rent: Fo�r All Other Mattcrs: City of Fort Worth� Revenue O£fice 1000 Throckmorton Street Fart Worth, Texas 76102-6312 Aviatian Department M�achaYn Internationai Airport 4201 North Main, Suite 200 Fort Worth, Texas 7b106-27�9 � To LESSEE: Fred Griffin 113 W Church St. Weatherford, TX 76486 �9. ASSIGNMENT AND SUBLETT�NG. Lessee shall not assign, sell, convey, sublet or transfer any of ifs rights, pri�ileges, duties or interests granted by this Lease withou# the advance wri�ten consent of Lessor. Any such transacfiion attempted by Lessee without prior written consent by Lessor shal! be null and void. If Lessor con�ents #o any such transaction, ihe res�ective assignee ox sublessee shall consent to comply in Writing with all t�rms and conditions set fort�. in this Lease the same as if that party had originally execut�d this Lease. 20. LiENS BY LESSEE. Lessee acknowledges that it has no authority to engage in any act or to make any coniract which may create or be the foundation for az�.� lien upon the pro�erty or interest in the pxoperty of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expen�e, shall liquidate and discharge the same within thirty (30} days of such creation or filing. Lessee's failure to discharge any such purported lien shall constitute a breach of this Lease and Lessor may terminate this Lease irnmediately. Howev�r, Lessee's financial obligatzon to Lessor �ta liquidat� and discharge se�ch lien shall continue in effeet following terrriination of this L�ase and untii such a time as the Li�n is discharged. 21. TAXES AND ASSESSMENTS. Lessee agrees to pay any and all federal, state or locai t�es or assessments which may lawFully be levied against Lessee due to Lessee's use or occupancy of the Prennises ar any �improvements or property placed on the Prernises b� Lessee as a result of its occupancy. ��. COMPLIANCE WITH LAWS, ORDYNANCES, RULES AND REGULATYONS. Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises. Lessee further agrees that it shall nat permit its officers, agents, sezvants, ernployees, con�ractors, subcantractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and Lessee immediately sha11 remove fram the Premisss any person engaging in such unlawful activities. Unlawful use of the Premises by Lessee itself s1aa11 constitute an irnmediate breach of this Lease. 10 Lessee agrees to cornply with ail federal, stat� and local laws; all ordinances, rules ar�d regutatio:�s of the City of Fort Worth and �he City of Fort Worth Police, Fire and Health Departments; all rules and regulaiions established by the Director of Airport Systems; and all rules and regula.tians adopted by the City Gouncii pertaining to the conduct required at airports ovvzaed and aperated by the Ciiy, as such Iaws, ordinaxxces, rules and regulations exist or nnay her�after be amended or adopted. If Lessor notifics Lessee or an}� of its o�ficers, agents, employees, contrac�ors, suY�contractors, licensees or int�itees o�' any violation of sueh laws, ordinances, xules or regulations, Lessee shali immediately desist from and correct the violation. 23. NON-DISCRIM�NATiON COVENANT. Lessee, for i#self, its personal representatives, successors in interest and assigns, as part o� the consideration herein, agxees as a covenant runr�:ing with the land that no persan shall be excluded fi'om participation in or denied the benefits of Lessee's use of the Premises on the basis of race, color, natianal origin, religion, han.dicap, sex, sexual arientatzon or familial status. Lessee further agrees for itself, its personal repr�sentatives, successors in interest and assigns t�at no person shall be excluded f�om the provision of any servic�s on or in the construction of any impxove�nents or alteratians to the Premises on grounds of race, cfllor, national origin, religion, hat�dicap, sex, sexual orientation ar familial status. Lessee agrees to furnish its accommadations and to price its goods and services on a fa.iz and equal basis to all persons. In addition, Lessee covenants and ag�ees that it will at all times comply with any requirements imposed by or pursuant ta Title 49 of the Code of Federal Regulations, Part 21, Non-Diserimination in Federally Assisted Programs of the Department of Transportation ax�d with any ame�.dments to this regulatian which may hereafter be enacted. If any claim arises from an alleged violatiQn of this non-discrimination co�enant b�+ Lessee, its personal representatives, successors in interes� or assigns, Lessee agrees to indernnify Lessor and hald Lessor harmless. 24. LICENSES AND PERMITS. Lessee shall, at its sole expense, obtain azad keep in effect alI licenses and permits necessary �'or the operatior� af its business at the Airport. ��. GOVERNMENTAL POWERS. It i5 understood and agreed that by execution of this Lease, the City of Fort Worth does not waive or surrender any of its go�ernmenta� powers. 11 26. N4 WATVER. The failure oi L�ssor to insist upon the performance of any term or pro�vision of #his Lease or ta �xercise any right granted herein shall not canstitute a waiver o� Lessar's right to insist upon appropriate per£orn�ance ar ta assert any such right on any fi�ture occasion. 27. VENUE. Should any action, whether real or a�serted, at law or in equity, arise out of the terms of thi� Lease or by Lessee's operations on the Premises, venue for such action sha1� lie in state caurts in Tarrant County, Texas, or the United States District Couz-t for the Northern District af Texas, Fort Worth Division. Tnis Lease shall be construed in accordance with the Iaws of the State of Te�as. �8. ATTORNEYS' FEES. In any actinn brought by Lessor far the enforcement of the obligatians of Lessee, Lessor shall be entitled ta recover interest and zeasonable attorneys' fees. �9. SEVERAI3�LITY. If any pxovisian of this Lease shall be held ta he invalid, illegal or unenforceable, the validity, legality and enforceability o� the remaining provisions shall not in any way be affected or iznpaired. 3D. FORCE MAJEURE. Lessor and Lessee shall exercise every reasonable effort to meet theiz' respective obligatiQns as set forth in this Lease, but shall not be held liable fox any delay in or omission of performance due to farce majeure or other causes beyond their reasonab�e confisol, including, but zzot limited ta, compliance with any government law, ordinance or regulation, acts o�' God, acts of omission, f res, stxikes, lockauts, national disasters, wars, riots, r�aterial ar labor restrictions by any governmental authority, transportation problerns andlor any other cause beyand �.ie reasonable contral of the parties. 31. HEADINGS NOT CONTRC?LLING. Headings and titles used in tivs Lease are for reference purpases only and shail not be deemed a part of this Lease. 12 �� � 32. ENTTRETY OF AGREEMENT. Tlus written instrument, including any documents incorporated herein by re£erence, contain.s the entire understanding and agreement between Lessor and Lessee, its assigns and successors in interest, as #o the matters contained herein. Any prior or contemporarieous oral or written agreement is her�by declared nuil and void ta the extent in conflict with any pro�isions of this �Lease. The terms and conditinns af this Lease shall not be amended �nless agreed to in writing by both parties and approv�d by the City Council of Lessor. IN WITNE�SS WHEREOF, the parties her�to have executed this Lease in multiples this � day of ���� � , �• . CITY OF FORT WORTH: B � � C11� � Assistant City Manager FRED GRIFFIN: BY� 'r�4�� � E�ed Griffin ATTEST: By: Gloria City Secretary ATTEST: : APPROVED AS TO FORM AND LEGALITY: � �er-�€',�- V � Assis#ant Ciiy Attorney M&C No. �ll�% 93 �� �� � ���� Contraet Autharizatian Da�e ���� � � ��� {r�j ��� 1� � _ � ' u�' � - STATE OF TEXAS COUNTY Ok' TARRANT `, 0 BE�ORE ME, the undersigned authority, a Notary Public in and for th.e State of Texas, on this day personally appeared Fred Griffin, known to me to be the person whose name is subscribed to the faregaing instrument far the purposes a.tad �considexatian therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this ;�'��`- day of ..�.�...��.� � _,�•: - STATE OF TEXAS COUNTY OF TARR�NT ``,,A11111 tl I I N!lll����/ , � � ;t����, •;• ��� ���'��i��'' -� ,'� r j� ... - �`:' � �n �� Notary Public in and for the State of Texas � _ � c� � : 9'� r��`� = � •�' � � � �� � i � �, ' �. � �• ``�� 'f''''��� �� ���,`''`\\, . �+ BEFORE ME, the undersigned authority, a Nat Public in and far the State of Texas, an this day personally appeared �� ���� , kriown to me to be the person whose nan�.e is subscribed to the fore�oi�zzg instrument, at�d acknowledged to me tha� the same was the act of tkae CITY OF FORT WURTH and that he executed the same as the act of the CITY OF FORT WQRTH for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this o2�. day of :��'�Gf/Lt'� , J d ��Y P �. �d���,Lq BARNES r°�''������ NOTARY PUBLiG � �fi State af Texas ���,.,,.. � � id�' . Comm. Exp. 03-31-2bOb �/ir•�� -- - Notary 1'u�alic in and for the State of Te�as 1 �4 U FR�� GRI�FIN fwanth to A�onth �ease �XblE�li - A AELMNLE � FORT � ��,�„aM woRrH '"'L ��PARTMENT O� AY/!AilON srrwcs . 5llIT� D�SCRIPTION Sf.�. �rT. �oT� I�f90NTH Y�AR 117 �90'7"X23'2" frant & 13'7"x23'�0"back 569 $72,38 $587.02� $7,p44.22 Halfway by 1�7I8'1" x 23'4" 189 $12.38 $994.99 $2,339.82 TOiA�. 7�� $�'��.01 $�,3�4.Q4 o ,o a o � 0 . 0 O w �n� � ini` er � �t � � o `� ■ ,. 4 � �y.� I��I .{, I�� �. ...�._. 0 0 �. .�, o o � rolR �' � l�oa �oQ !' � { -.-.-�...,_ ' l Qg IOv 1n�f � � � � ' - umw �f,� �. •-•-i•-•- � n �������� r ..�, �._, � ! 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