HomeMy WebLinkAboutContract 61033CSC No. 61033
NON-EXCLUSIVE ADMINISTRATION BUILDING_
SHARED OFFICE SPACE LICENSE
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
This NON-EXCLUSIVE ADMINISTRATION BUILDING OFFICE SPACE LICENSE
AGREEMENT ("License") is made and entered into by and between the CITY OF FORT
WORTH ("Licensor"), a home rule municipal corporation under the State of Texas, acting by and
through ROGER VENABLES, its duly authorized Aviation Systems Director, and Florentino
Gamueda III, an individual.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. LICENSED PREMISES. USE.
1.1 Licensed Premises. For the Term specified in Section 2 below, and any extensions
thereof, City grants to Licensee, the non-exclusive right to enter upon, in, and around the following
real property in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: approximately 36 square
feet of shared office space ("Office Space") identified as Suite LO1D, Lower Level, all permitted
areas more specifically identified in the attached Exhibit "A" ("Licensed Premises") for the purposes
of office and business related work as well as for access to postal services and use of mailboxes
located on the Lower Level in the hallway across from the Licensed Premises. The assigned mailbox
number for this license is Bog No. 42. The Licensed Premises will not be used for any other purpose
without the express written consent of the City in the form of an Amendment between the parties to
this License.
1.2 Use. The use of the Licensed Premises is not exclusive and it is possible that
multiple licensees will be granted access for a similar use throughout the Term. Therefore, the use
of the Licensed Premises for office and business -related work will require an appointment prior to
use by submitting a request to Licensor's Real Property Manager ("Property Manager") at
AVI_MeachamAdminOwfortworthtexas.eov. Licensee will only be entitled to access the Licensed
Premises upon receiving a confirmation email from the Property Manager (or designee) confirming
access for the times requested. If there are conflicts in the timeframes requested by Licensee for the
use of the Licensed Premises, the Licensor will provide alternative time periods of availability. Time
periods for use can be scheduled up to a week in advance for up to 3-hour blocks. Any appropriately
scheduled time period for use of the Licensed Premises, scheduled using the process laid out above,
will be considered a "License Period". Use of the designated mailboxes will be available at all times
throughout the Term and no appointment for a License Period will be necessary for such access.
Licensee has a non-exclusive right to use of common areas within the Admin Building, which
include, but are not limited to, restrooms, elevators, stairways, lobbies, corridors, walkways,
entrances, and sidewalks during the Term. Licensee recognizes that other areas within the Admin
Building may be licensed concurrently to other parties.
1.3 Parking. Any vehicles used by Licensee or Licensee's employees will be parked
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
OFFICIAL RECORD
-1-
CITY SECRETARY
FT. WORTH, TX
within the general public parking at the Admin Building as more specifically identified in the attached
Exhibit A. Said vehicles will not be permitted to park under any covered parking or parking that has
been reserved or leased by other tenants at the Airport.
2. TERM OF LICENSE.
This License shall commence on the date of its execution ("Effective Date") and continue on
a month -to -month basis until either party terminates this License, for any reason, by providing the,
other party with not less than 30-days written notice prior to the effective date of such termination
("Term").
3. LICENSE FEE. TIME OF THE ESSENCE.
3.1. License Fee.
Licensee will pay Licensor a license fee of $40.00 per month for the right to use the
Licensed Premises on a non-exclusive basis for scheduled License Periods during
the Term ("License Fee").
3.2. Payment Dates and Late Fees.
Monthly payments under this License are due on or before the first (l') day of each
month. The License Fee shall be considered past due if Licensor has not received full
payment on or before the 10" day of the month for which payment is due. Licensor
will assess a late penalty charge of ten percent (10%) per month on top of the entire
month's License Fee for each month in which any payments are past due.
4. CONDITION OF LICENSED PREMISES.
Licensee taking possession of the Licensed Premises shall be conclusive evidence that (a)
the Licensed Premises are suitable for the purposes and uses for which same are licensed; and (b)
Licensee waives any and all defects in and to the Licensed Premises, its appurtenances, and in all
the appurtenances thereto. Further, Licensee takes the Licensed Premises and all appurtenances in
"AS IS" condition without warranty, expressed or implied, on the part of Licensor. Licensor shall
not be liable to Licensee, Licensee's agents, employees, invitees, licensees, or guests for any damage
to any person or property due to the Licensed Premises or any part of any appurtenance thereof
being improperly constructed or being or becoming in disrepair.
5. UTILITIES.
Licensor agrees and covenants that it will provide and pay for all utilities in use on the
Premises, with the exception of telephone utilities and internet service. Licensee will have access to
the Licensor's general public WIFI internet access on the Licensed Premises. Licensee agrees that
all electrically -operated equipment which may be used on the Premises shall fully comply with the
City of Fort Worth Mechanical, Electrical, Plumbing, Fire and Building Codes, as they exist or may
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
-2-
hereafter be amended.
6. ALTERATIONS, ADDITIONS. IMPROVEMENTS, AND SIGNAGE.
Licensee shall make no alterations on or additions to, the Licensed Premises and must
remove any personal property at the end of each use of the Licensed Premises. At no point will
Licensee be permitted to leave any personal property, including trash, within the Licensed Premises
during times in which the Licensed Premises is not being utilized by Licensee. At the termination
of this License, whether by lapse of time or otherwise, Licensee shall (i) deliver the Premises to
City in its then "as -is" condition, but in no worse condition than as of the date of the taking of
possession thereof by Licensee, subject only to ordinary wear and tear and damage caused by
casualty or condemnation and (ii) make any repairs to the Premises as needed in order to comply
with the provisions of Section 13 below.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Licensee shall operate as an independent contractor as
to all rights and privileges granted herein, and not as an agent, representative or employee of Licensor.
Licensee shall have the exclusive right to control the details of its operations and activities on the
Licensed Premises during the times Licensee is permitted to occupy the Licensed Premises and shall be
solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors,
subcontractors, patrons, licensees and invitees. Licensee acknowledges that the doctrine of r•espondeat
superior shall not apply as between Licensor and Licensee, its officers, agents, employees, contractors
and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a
partnership or j oint enterprise between Licensor and Licensee.
S. INDEMNITY.
LICENSEE HEREBY A SSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTYDAMAGEAND/ORPERSONAL INJURY OFANYKIND, INCLUDINGDEATH,
TO ANY AND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE USE BY LICENSEE OF THE AIRPORT
UNDER THIS LICENSE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY,
EXISTENCE OR LOCATION OF THELICENSED PREMISES, EXCEPT TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LICENSOR
LICENSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LICENSEE'S
BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE BY LICENSEE OF THE
AIRPORT UNDER THIS LICENSE OR WITH THE LICENSING, MAINTENANCE, USE,
OCCUPANCY, EXISTENCE OR LOCATION OF THE LICENSED PREMISES, EXCEPT TO THE
Shared Office Space License Agreement between the City of Fort Worth and Florentino Ganmeda III
-3-
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LICENSOR.
LICENSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LICENSOR FOR
ANYAND ALL INJURY OR DAMAGE TO LICENSOR'SPROPERTY WHICHARISES OUT OF OR
IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES,
PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS,
OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR.
LICENSOR DOES NOT GUARANTEE POLICE PROTECTION TO LICENSEE OR ITS
PROPERTY. LICENSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON
THE LICENSED PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE STOLEN,
DESTROYED OR IN ANY WAY DAMAGED; AND LICENSEE HEREBY INDEMNIFIES AND
HOLDS HARMLESS LICENSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LICENSOR
9. INSURANCE.
Licensee shall procure and maintain at all times, in full force and effect, a policy or policies of
insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all
public risks related to the leasing, use, occupancy, maintenance, existence or location of the Licensed
Premises. Licensee shall obtain the required insurance specified to be maintained by a commercial
tenant in accordance with Exhibit "B", the "City of Fort Worth Aviation Insurance Requirements"
attached hereto and made part of this License for all purposes.
In addition, Licensee shall be responsible for all insurance to construction, improvements,
modifications or renovations to the Licensed Premises and for personal property of its own or in its care,
custody or control.
9.1. Adiustments to Required Coverage and Limits.
Insurance requirements, including additional types of coverage and increased limits on
existing coverages, are subject to change at Licensor's option and as necessary to cover
Licensee's and any agent of Licensee's operations at the Airport. Licensee will
accordingly comply with such new requirements within thirty (30) days following notice
to Licensee.
9.2 Licensee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as more particularly set forth in Exhibit "B", which is attached
hereto and incorporated herein for all purposes.
9.3 As a condition precedent to the effectiveness of this License, Licensee shall furnish
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
-4-
Licensor with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Licensee hereby covenants and agrees that not less than thirty (30) days
prior to the expiration of any insurance policy required hereunder, it shall provide
Licensor with a new or renewal certificate of insurance. In addition, Licensee shall, at
Licensor's request, provide Licensor with evidence that it has maintained such coverage
in full force and effect.
10. RIGHTS AND RESERVATIONS OF LICENSOR.
Licensor hereby retains the following rights and reservations:
10.1. All fixtures and items pennanently attached to the Licensed Premises belong to Licensor,
and any additions or alterations made thereon shall immediately become the property of
Licensor.
10.2. Licensor reserves the right to close temporarily the Airport, the Admin. Building, or any
of its facilities for maintenance, improvements, safety or security of either the Airport or the
public or for any other cause deemed necessary by Licensor. In this event, Licensor shall in no
way be liable for any damages asserted by Licensee, including, but not limited to, damages from
an alleged disruption of Licensee's business operations.
10.3. This License shall be subordinate to the provisions of any existing or future agreement
between Licensor and the United States Government which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of federal funds for
the development, maintenance or repair of Airport infrastructure.
10.4. During any war or national emergency, Licensor shall have the right to lease any part of
the Airport, including its landing area, to the United States Government. In this event, any
provisions of this License which are inconsistent with the provisions of the lease to the
Government shall be suspended. Licensor shall not be liable for any loss or damages alleged by
Licensee as a result of this action. However, nothing in this License shall prevent Licensee from
pursuing any rights it may have for reimbursement from the United States Government.
10.5 Licensee's rights hereunder shall be subject to all existing and future utility easements
and rights -of -way granted by Licensor. for the installation, maintenance, inspection, repair or
removal of facilities owned by operated by electric, gas, water, sewer, communication or other
utility companies. Licensee's rights shall additionally be subject to all rights granted by all
ordinances or statutes which allow such utility companies to use publicly -owned property for
the provision of utility services.
10.6. Licensor covenants and agrees that during the term of this License it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant to the
Sponsor's Assurances given by Licensor to the United States Government through the Federal
Airport Act; and Licensee agrees that this License and Licensee's rights and privileges hereunder
shall be subordinate to the Sponsor's Assurances.
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
-5-
11. SURRENDER; ABANDONED PROPERTY. As previously stated within this License,
Licensee is not permitted to keep personal property within the Licensed Premises at any time in
which the Licensed Premises is not currently being utilized by Licensee. In the event there is any
personal property of Licensee remaining at the end of the License, if the personal property is not
promptly removed by Licensee from the Premises within ten (10) days after the termination of this
License, whether termination shall occur by the lapse of time or otherwise, shall thereupon be
conclusively presumed to have been abandoned by Licensee to City. Upon expiration or earlier
termination of the Term of this License, Licensee will surrender the Premises in its then "as -is"
condition, but in no worse condition than as of the commencement date of the License Term,
ordinary wear and tear and casualty excepted.
12. ASSIGNMENT AND SUBLETTING. Licensee shall not assign this License, or any
right of Licensee under this License, or sublicense the Premises, for consideration or no
consideration, whether voluntarily, by operation of law, or otherwise, and any attempt to do so shall
be void; all provided that Licensee's employees, contractors and agents may use the Premises in
accordance with the terms and provisions hereof.
13. DAMAGE TO PREMISES OR PROPERTY OF CITY. If, at any time during the Term,
by the acts or omissions of the Licensee, its employees, agents, or licensees, the Premises, or any
property therein is damaged or destroyed, Licensee shall be obligated to pay, on demand, all costs
to repair same.
14. REPAIRS AND MAINTENANCE. Licensor has no obligation to make repairs of any sort
to the Licensed Premises, Licensor's sole obligation hereunder being to make the Licensed Premises
available to Licensee in accordance with and subject to the covenants, restrictions and limitations set
forth herein. Licensee shall, at its expense, use and maintain the Licensed Premises in a neat, clean,
careful, safe, and proper manner including but not limited to trash removal and comply with all
applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county,
federal, and municipal).
15. SEVERABILITY. If any clause or provision of this License is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental body
or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of
this License shall not be affected thereby unless such invalidity is, in the sole determination of the
Licensor, essential to the rights of both parties, in which event Licensor has the right, but not the
obligation, to terminate the License on 10 days' prior written notice to Licensee.
16. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION. If Licensee is a
charitable association, corporation, partnership, individual enterprise or entity and claims immunity
to or an exemption from liability for any kind of property damage or personal damage, injury or
death, Licensee hereby expressly waives its rights to plead defensively any such immunity or
exemption as against Licensor.
17. TERMINATION.
Shared Office Space License Agreement beween the City of Fort Worth and Florentino Gamueda III
-6-
In addition to termination rights contained elsewhere in this License, Licensor shall have the
right to terminate this License as follows:
17.1. By Either Party.
Licensor or Licensee may terminate this License for any reason, to be effective on the
expiration date of the term in effect at the time, by providing the other parry with written,
notice not less than thirty (30) days prior to the effective date of such termination.
17.2 Failure by Licensee to Pay License Fees or Other Charges.
If Licensee fails to pay any License Fee or other charges due under this License, Licensor
shall deliver to Licensee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Licensee fails to pay the balance outstanding within such time,
Licensor shall have the right to terminate this License immediately.
17.3. Breach or Default by Licensee.
If Licensee commits any breach or default, other than Licensee's failure to pay License
Fees, Licensor shall deliver written notice to Licensee specifying the nature of such
breach or default. Licensee shall have thirty (30) calendar days following receipt of such
written notice to cure, adjust or correct the problem to the standard existing prior to the
breach. If Licensee fails to cure the breach or default within such time period, Licensor
shall have the right to terminate this License immediately, unless such breach or default
is not susceptible to cure within thirty (30) calendar days, in which event Licensee shall
have such additional time to effect a cure as determined by Licensor.
17.4. Licensee's Financial Obligations to Licensor upon Termination. Breach or Default.
If Licensor terminates this License for any non-payment of License Fees or other charges
or for any other breach or default as provided in Sections 17.2 or 17.3 of this License,
Licensee shall be liable for and shall pay to Licensor all License Fees due Licensor for
the remainder of the teen then in effect as well as all arrearages of rentals, fees and
charges payable hereunder. In no event shall a reentry onto or reletting of the Premises
by Licensor be construed as an election by Licensor to forfeit any of its rights under this
License.
17.5. Rights of Licensor Upon Termination or Expiration.
Upon termination or expiration of this License, all rights, powers and privileges granted
to Licensee hereunder shall cease and Licensee shall vacate the Licensed Premises in all
respects. Licensee agrees that it will assert no claim of any kind against Licensor, its
agents, servants, employees or representatives, which may stem from Licensor's
termination of this License or any act incident to Licensor's assertion of its right to
terminate or Licensor's exercise of any rights granted hereunder.
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
sly
18. NOTICES.
Notices required pursuant to the provisions of this License shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, or (2) deposited in the United States Mail, postage prepaid, addressed as follows:
To City:
City of Fort Worth
Real Property Manager
Aviation Department
201 American Concourse, Suite 330
Fort Worth, TX 76106
With copies to:
City Attorney
City ofFortWorth
200 Texas Street
Fort Worth, TX 76102
To Licensee:
Florentino Gamueda III
104 Meredith Drive
Irving, TX 75063
806-252-7011
tinogamueda@icloud.com
The parties hereto shall have the continuing right to change their respective address by giving at
least ten
(10) day notice to the other party.
19. COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS.
Licensee covenants and agrees that it shall not engage in any unlawful use of the Licensed
Premises. Licensee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Licensed
Premises and Licensee immediately shall remove from the Licensed Premises any person engaging in
such unlawful activities. Unlawful use of the Licensed Premises by Licensee itself shall constitute an
immediate breach of this License.
Licensee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of City of Fort Worth and the City of Fort Worth Police, Fire and Health Departments; all
rules and regulations established by the Airport Systems Director and authorized designee; and all rules
and regulations adopted by the Licensor Council pertaining to the conduct required at airports owned
and operated by the Licensor, as such laws, ordinances, rules and regulations exist or may hereafter be
amended or adopted. If Licensor notifies Licensee or any of its officers, agents, employees, contractors,
subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations,
Licensee shall immediately desist from and correct the violation.
19.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
ff:V
Licensee hereby agrees to comply at all times with the Licensor's Minimum Standards, as may
be adopted by the City Council from time to time. Licensee shall be bound by any charges
adopted in the Licensor's Schedule of Rates and Charges, as may be adopted by the City Council
from time to time.
20. NON-DISCRINIINATION COVENANT.
Licensee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be excluded
from participation in or denied the benefits of Licensee's use of the Licensed Premises on the basis
of age, race, color, national origin, religion, disability, sex, sexual orientation, transgender, gender
identity or gender expression. Licensee further agrees for itself, its personal representatives,
successors in interest and assigns that no person shall be excluded from the provision of any services
on or in the construction of any improvements or alterations to the Licensed Premises on grounds of
age, race, color, national origin, religion, disability, sex, sexual orientation, transgender, gender
identity or gender expression.
Licensee agrees to furnish its accommodations and to price its goods and services on a fair and equal
basis to all persons. In addition, Licensee covenants and agrees that it will at all times comply with
any requirements imposed by or pursuant to Title 49 of the Code of Federal Regulations, Part 21,
Non -Discrimination in Federally Assisted Programs of the Department of Transportation and with
any amendments to this regulation which may hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by Licensee,
its personal representatives, successors in interest or assigns, Licensee agrees to indemnify Licensor
and hold Licensor harmless.
21. AUDIT.
Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers and
Dirties of the Department of b7tet-nal Andit, of the Code of Ordinances of the City of Fort Worth
("Section 2-134"), Licensor may at Licensor's sole cost and expense, at reasonable times during
Licensee' normal business hours and upon reasonable notice, audit Licensee's "necessary books,
papers, documents, records, and personnel", which is defined in Section 2-134 as "those which
pertain to Licensor contracts and subcontracts and are required to evaluate compliance with the terms
of those contracts and subcontracts", provided that (a) any such audit shall occur onsite at the
Licensed Premises, (b) Licensor shall not permit (and shall not permit others) to copy any books,
records or other documents reviewed during such audit, and (c) Licensor shall comply with the
provisions of Section 21 herein.
22. PUBLIC INFORMATION ACT.
Licensor is a government entity under the laws of the State of Texas and all documents held or
maintained by Licensor are subject to disclosure under the Texas Public Information Act. In the event there is
a request for information marked Confidential or Proprietary, Licensor shall promptly notify Licensee. It will
be the responsibility of Licensee to submit reasons objecting to disclosure. A detennination on whether such
Shared Office Space License Agreement beriveen the City of Fort Worth and Florentino Gamueda III
-9-
reasons are sufficient will not be decided by Licensor, but by the Office of the Attorney General of the State
of Texas or by a court of competent jurisdiction.
23. ENTIRE AGREEMENT.
This License constitutes the entire agreement between Licensor and Licensee relating to the
use of the Licensed Premises and no prior written or oral covenants or representations relating
thereto not set forth herein shall be binding on either party hereto.
24. AMENDMENT.
This License may not be amended, modified, extended, or supplemented except by written
instrument executed by both Licensor and Licensee.
25. COUNTERPARTS.
This License may be executed in several counterparts, each of which shall be deemed an
original, but all of which shall constitute but one and the same document.
26. GOVERNMENTAL POWERS, SOVEREIGN IMMUNITY.
It is understood and agreed that by execution of this License, the Licensor does not waive or
surrender any of its governmental powers or sovereign immunity.
27. NO WAIVER.
The failure of Licensor to insist upon the performance of any term or provision of this License
or to exercise any right granted herein shall not constitute a waiver of Licensor's right to insist upon
appropriate performance or to assert any such right on any future occasion.
28. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
License or by Licensee's operations on the Licensed Premises, venue for such action shall lie in state
courts in Tarrant County, Texas, or the United States District Court for the Northern District of Texas,
Fort Worth Division. This License shall be construed in accordance with the laws of the State of
Texas.
29. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this License and either
party should retain attorneys or incur other expenses for the collection of fees or charges, or the
enforcement of performance or observances of any covenant, obligation or agreement, Licensor and
Licensee agree that each party shall be responsible for its own attorneys' fees.
Shared Office Space License Agreement bet%veen the City of Fort Worth and Florentino Gamueda III
-10
30. SIGNATURE AUTHORITY.
The person signing this License hereby warrants that he/she has the legal authority to execute
this License on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to
rely on these warranties and representations in entering into this License or any amendment hereto.
31. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this License that, if the performance of
any obligations hereunder is delayed or cancelled by reason of war; civil commotion; acts of God;
unusually inclement or severe weather conditions; fire; pandemic (including, but not limited to, COVID-
19); epidemic; declaration of disaster or emergency by the State of Texas, Tarrant County, or the City
of Fort Worth; or other circumstances that are reasonably beyond the control of the applicable parry
obligated or permitted under the terms of this License to do or perform the same, regardless of whether
any such circumstance is similar to any of those enumerated or not (collectively referred to as "Force
Maj eure Event"), the Party so obligated or permitted will be excused from doing or performing the same
during such period of delay, so that the time period applicable to such performance will be extended for
a period of time equal to the period such party was delayed, unless the same results in canceling the
Event. Measures taken by the Office of Homeland Security/Office of Emergency Preparedness
("OHS"), State of Texas, Tarrant County, or the City of Fort Worth to close facilities or affecting this
License, for any reason, is an act of government and, as such, is also considered a Force Maj eure Event.
(SIGNATURES APPEAR ON FOLLOWING PAGES)
Shared Office Space License Agreement between the City of Fort Worth and Florentino Gamueda III
In witness whereof, the parties hereto have caused this Lease to be executed with the
effective date as , 2024.
CITY:
CITY O + PsDTireBctor
B R g raAviation Sy
Date:
I f
LICENSEE:
FLORE TINO GAMUEDA III
r
Bye
Florentine Gamueda III L�
Individual
Date: Z — Z Z. _. 2- I
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Barbara Goodwin
Real Property Manager
Date: Feb 28, 2024
STATE OF Tx a5
COUNTY OF a�
The foregoing instrument was acknowledged before
methis 29. dayof z >,202N,by V9o1ent;no
�dwhv Q
Notary Public's Si nature Notary Nsme
Personally Known OR -TX I61 i v, f
1'I.�r of Identification Produced yc,e_Ase
.�`"ra AVERY WYNNE HAYNIE
Notary Public, State of Texas
Comm. Expires 07-27-2027
Notary ID 134477467
APPROVED AS TO FORM AND LEGALITY: ATTEST:
By: By:
Jeremy Anato-Mensah Jannette S. Goodall
Assistant City Attorney City Secretary
Date: Mar 1, 2024
Date:
Form 1295: Not required
Contract Authorization: N/A
M&C: Not required
Date: Mar 1, 2024
KC
License Agreement between the City of Fort Worth and Florentino Gamueda III
UUgnIl
poF FORr�°a
aadp nEX Asoa
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEFINITIONS:
-Coverage for the Building includes (but is not limited tot the buddng and structures, completed adddens to covered
buildings, outdoor fixtures, permanently installed fixtures, machinery and equipment. The budding maCerial used to
marmn and service the insured's premises is also insured. Business Personal Property owned by the ensured and
used n the insured's business is covered for direct toss or damage. The coverage includes (but is not imiited top
fu milure arid futures, stock, improvements and betterments, leased property for which you here a oonCacbual
obligation to insure and several other similar business property items when not specfically excluded from coverage.
The policy 6 also designed to protect the insured against loss or damage to the Personal Property o' Others while
in dve insured's care, custody and control.
PROPERTY INSURANCE
Business Income (sometimes called Business imeiruption) affords protection against tt* loss of earns of a'
business during the time required to rebuild or repair covered property damaged or destroyed by fire or some other
insured cause of loss.
Extra Expense slows coverage for those acldtional expenses over and above normal operating expenses paid due
to damage to covered property from a covered cause of loss. These expenses ooutd include rEnt, utilities, moving
expenses, telephone, advertising and tabor.
This coverage protects the insured for bodily injury or property damage to the thud parties, for which they are legally
fiabfe_ The policy covers aociderts occurring on the premises or away from the premises. Coverage is provided for
irjury or damages arising out oil goods or products made or sold by the named insured. Coverage is afforded for
the named insured and employees of the named it ased; huAK- r, several ndividuals and orgarriat ions other than
the reamed insured may be cowered depending upon certain crea nstamces specified in the poticy. In addition to the
limits. the policy pro,,ides supplemental payments for attorney flees, court costs and othK expenses associated with
a dam or the defense of a liability suit
Coverage A - Bodily Injury and Property Damage Liability
CON12.f"r C-LU GENET' AL Bodily Injury means physical injury, sickness cc disease, including death. Property Damage means ptrysral irjury
LIAEIL311' to tangible property, including the resulting loss of use of treat property.
Coverage B - Personal Injury and Advertising Injuy Liability
Personal Injury means false arrest, maicious prosecution, wrongful entry or eviction, libel, slander and violations of
a persons right of privacy. Advertisng Injury means lbel, slander- violations of a person's right ce
privacy, misappropriation and copyright infringement.
Coverage C-Madloat Payments
Medical Paymerts means medical expenses for bodily iriurycaused by an accident.
Insures the hanger operator for .legal obligations to pay damages due to loss to an aircraft that occurs when the
I -UN G *--r -,EEPERS aircraft is in the care, custody or control of the insured for safekeeping, storage. service or repat. Coverage
LIAEILITI exterds to labilty claims irrieiving an aacrafi's loss of use.
frs►res the polhaion exposure associated wth the insured's property and operations, Including costs of cleanup and
remedial or corecOve action due to a third -party den -arid or a government order_ The PolUon exclusion in general
PSI{," RI -A IF N 13L liability insurance e'Tecti1F_ly eliminates coverage for damages for bodily injury, property damage and cleanup costs
I.l3PMMENr LIAEILITY arising from most types of pollution events. Because of this, customized protection for nix± pollution expasr.re of
numerous insureds in d-is category is essential.
C.aueraip geared specifically, to ttF operation of atrcraft and the risks involved in aviation. Aviation insurance
policies are distincity dfferert 4rom those for other areas of transportation and tend to iraorperate aviabon
:'.iT CfLAF T AND terminDiDgy, as vref as terminology. emits and clauses specific to aviation insurarce. Passen�-,-r iabifty protects
PASSENGER LLA13,11 ITZ passengers riding in the aocidert aircraft who are injured or kited. In many oourrries this coverage is mathdatory
only tar commercial err large aircraft Coverage is often sold on a "per -seat' basis, wtlr a specf*- d limit .for each
passenger seat.
I to iabirty ooverage or the Luscness Auto I'o1cy provides protection aganst legal tabrtty ansrng ore: of the
:kLTTOMOBILE LIABII rn- ownership, maintenance or use of arty insured adomoble. The insuring agreement agrees to pay for bodily irjury
tTO INCLUDE WRED & or property damage for which the insured is legally responsible because of an autorrobile accident. Tl* poky also
states dut, in addition to, the payrnert of damages, &e insurer also agrees to cWerd the insured for all legal
NON -OWNED VEMCLES)l de`erse cost The de`ens,e is n addition to the policy limits.
An agreement between two parties in which one party agrees to wave subrogation rghts against another in the
WAIVER OF event of a loss b he irrert is to prevent ore p3rtys insurer from pursuing subrogation against the other party.
SUBROGATION
License Agreement bet%veen the City of Fort Worth and Florentino Gamueda III
U 1'WUKTH
MLAIKIN
EXHIBIT B -MINIMUM INSURANCE REQUIREMENTS
a
COMTe'clal
Harr Eq'Amnnwntal
is
Aircraft and Passenger
ALMrWe LkaGlty (To
Categ�p
rnsurance
General
Inpalrntert
ty'
LlZabIlllty
uanlny
Ihcude Hired JS Nor-nnred
`
Uablity
LIMIlty
vehreesj
Fbad Base Operators (FBO's)
Yes
15,C07,070
$5,C07,036 51,000,001
3
1,C07,030
AJrcratt Mairilerance Operator and
ANoNcsorhstnrrenthialntenanoe
5
b1,{07,030
51,.o7o,007
S
1,C07.070
Ooeratcr-Plalai
AJrmn Mainlenanee Ogeraa and
Avionics orinstnrwtMalntenanoe
16,103,070
51,D70,707
5
1,CO7,D70 ,
Ooe ator-Turmire
Avlonles or InshruTeltMalntelaroe
,
$1,C07,070
3
1,COD.010
Operator (Bench work Only)
Air= Rental or Flight Tralnhg'
51,DDD,000ioccurrence
Operator
51DD,000,p3c wges
A1r=ftCfiarterCrAlrcriit
-
51,1Y3G,9C0
S5,DDD.OMbccun'ence
S
1,{OCtDCO
Management Operator
4:00,01M pis'-g� r
AtruASalesOpeaV
S1,CO7,O7G
51,ODD..000imcurmee
S
1,101),000
51013,1000Jpas'senQer
~
-
51,1330,0W
$1,1:0D,000
Alr=StorageOp"- or
45,0013,07D'
35000,C07'
S
1,COD-OCo
A'AauonSerVee-VePTWelor
-
3t.003,DM2
51,03O.000'tccuhence
51CO,C01.p3S&"er
5
253,ODO
Other Canm rrialAermartcX
S1,C07,O7D
i3f10.OMioccurrence
5
1,C07.070
x AG'tdtle6
TerhWary Sped3tzedAA3f►ar
i1,C07,D7D
1300.01)0occirrrence
3
1,CO7,D70
SetvtoeODeratcr
NorrCorw,ercld Hangar Lessee
-
13IMD.000ioccurTence
3
1,C07,070
Nan-Corhu*WalFtylrtg Club
=
S1,DDD,OCO-=urrence
S
1,CODDCo
$100.%Otasseroer
Nal-I:a "eTOa1 *W-rueing
$ 1,C07,0M
51,000,COD
537D,OCOtcourTetce
S
1,C0II.030
PerrTltleE i JeE F� and. '.r•t� r
NarrCCon'krt�tClal:r34'-fu rx)
Pelrrinee S510,C07 WD,OCo'oeocarenre 5
iAlterr�}.e Fueks e.a. mDo.xs
Box H3r93r, T-Hangar, Cflmmamtty 5
Hangar
Other ' hsurance Tequlre rents sutjW io detC-M n3lian by AVaion Oepa"elt and Risk Marage rvrt
;kdclbora Insu'xceReglilre-Tenl6
-Lessees poi-.les are to De prmary to arY ;trier Old any W16C.0,2- hscrMe Salable to the City
•FJI rolCkb 6n31 n'Ude a WATT Cf SLOrUgazor! Ir'3v r CR1hr? C!:j ;TeTpOr3ry SASO must c16o mule Airport Lessee;
Cf =Cft'+VCfT. 6nali t? raT*.I as AJM!one 'nswed je roznry SA-0 must also include AJrpat Lessee.
-PoloieS En3i' naie ro Oxdu6lals Dy eadorse-Ter Atich , neilrei nuilrj Dr 3rner.d t e required IIneS of moarage, ror decrease file IlTlts CA said 03,•er3CY
' Co.,erage per al'cra t stvu d be equt.-AeTt to tre 3vemge airman iaue- a pane erne and w WSage per occumnoa srwa be equtOmMt tD the average •X the
rnaxrnurn value bT ilr 1 almra<t at ore ilTe, out rat less than It* a rourt .noted z3ve
' Must imude Negigert irstructlor, COI.* e
n alram storage ope aw Is pivAdirg s61Die351ng 6paDe TOT arcrarl storage.
Ony required Tor inose provding Tight Instr ucton
Depends On temis Cr th21�3se agreetrwt
it %*hCe Darked aimice- Site mnmL ns xcud apDty
Avlabon Minimum Stenderda, City or Fart WorthAVatan Depart^rent (C6't�201d;i
License Agreement between the City of Fort Worth and Florentino Gamueda III
2511,D30
2537,030
Exhibit "A"
LOCATION MAP
1 4
Depiction of Fort Worth Meacham International Airport Administration Building, Lower Level —
Licensed Premises: Suite LOID (36 Square Feet of Office Space)
r .Uj
-
d
LICENSED
PREMISES
Mailboxes
1 �2
License Agreement between the City of Fort Worth and Florentino Gamueda III