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HomeMy WebLinkAboutContract 63533FORT WORTH AVIATION DEPARTMENT SIGN LICENSE AGREEMENT MONTH -TO -MONTH FORT WORTH SPINKS AIRPORT This SIGN LICENSE AGREEMENT ("AGREEMENT") is entered into by and between the CITY OF FORT WORTH ("Licensor"), a home rule municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas acting by and through Roger Venables, its duly authorized Aviation Systems Director, and FWS HANGAR LLC AND FWS FBO LLC dba VESPER AVIATION ("Lessee"), a Delaware limited liability company acting by and through JONATHAN M. WENRICH, its duly authorized PRESIDENT. The following introductory statements are true and correct and form the basis of this agreement. RECITALS A. WHEREAS, Licensor owns and operates Fort Worth Spinks Airport ("Airport") which includes, at the Airport's entrance, a large sign that identifies the Airport and includes twelve (12), (six on each side), additional spaces that are available for the display of removable sign panels that can be used by tenants at the Airport ("Entrance Sign"); B. WHEREAS, Licensee occupies rental space at the Airport and has a separate lease with Licensor for that rental space; and C. WHEREAS, Licensee has requested, and Licensor agrees, to grant Licensee access to two of the six sign spaces on the Entrance Sign for Licensee's business through this Agreement. AGREEMENT It is therefore mutually agreed as follows: 1. Term and Termination of Agreement. The term of this Agreement shall commence on July 1, 2025, and continue on a month -to -month basis until either party terminates this Agreement, for any reason, by providing the other party with not less than 30-days written notice prior to the effective date of such termination. 2. License Fee. The license fee for four sign spaces shall be Two Hundred Dollars and no cents ($200.00) per month. Licensee will be occupying four sign spaces, two on each side of the Entrance Sign, facing in each direction. Rent for sign spaces may be adjusted from time to time by the Licensor's City Council, in its sole discretion, and any such adjustment shall become effective following not less than thirty (30) days' written notice to Licensee. Licensor shall invoice Licensee each month, and such rent shall be due by the loth of each month. Rent not received by the 10th of the month shall be subject to a 10% late penalty. Sign License Agreement — Fort Worth Spinks Airport FWS HANGAR LLC AND FWS FBO LLC Page 1 of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. Sign Construction, Installation and Maintenance. Licensee will, at its sole cost, modify the panel box to combine two panels on each side of the monument sign, as shown on Exhibit A (attached to this agreement). Licensee shall be solely responsible for the construction, printing, repairs and maintenance of such sign panels. Licensor may install panels for Licensee; provided however, Licensee agrees that Licensor, its agents or employees shall not be liable for any property damage to such panels that occurs in connection with it providing such service. Licensee must submit all artwork proofs to Licensor for approval prior to production. Licensee agrees to maintain sign panels appearance in like new condition, only the name and the phone number of the Licensee's business may be displayed on such sign panels unless otherwise approved in writing by the Licensor's Aviation Director or authorized representative. 4. Sign Placement Order. The City of Fort Worth Aviation Department shall have sole control of the placement order in which sign panels are located in the twelve slots on the Entrance Sign. Preferences may be requested by Licensee but are not guaranteed by Licensor or conditional to this Agreement. The order of the sign panels may be changed from time to time at the sole discretion of the Airport Systems Director or authorized representative. Other Terms and Conditions: (A) Licensee hereby assumes all liability for damage to Licensee's sign panels arising from vandalism, theft, natural disasters or any cause out of the direct control of the Licensor. Licensee also assumes all liability for any personal injury, including death or property damage caused by Licensee, its agents, servants, employees, contractors and subcontractors. (B) Licensee shall maintain the sign in a safe, neat, sightly and physically good condition. (C) Licensee agrees to pay Licensor for any damage, injury or necessary repairs to the Premises resulting from the installation, maintenance or removal of any such sign. (D) Licensee also agrees to remove any signs at its own expense immediately upon (i) termination of the corresponding lease agreement between Licensor and License; (ii) termination of this Agreement; or (iii) receipt of instructions for such removal from the Airport Director or authorized representative. (E) Licensor makes no warranties or guarantees as to whether Licensee's sign panels will be lighted sufficiently to be visible at night. (F) Licensee shall not assign or sublease any of Licensee's rights under this Agreement. (G) Venue for any dispute or action that arises under this Agreement shall be in the state courts located in Tarrant County, Texas or in the United States District Court for the Northern District of Texas, Fort Worth Division. (H) Licensor has the ability to audit Licensee's records related to this Agreement upon reasonable notice. 5. Notices. All written notices required by the provisions of this Agreement shall be deemed delivered when hand delivered to the named parties at their respective business location addresses at the Airport unless otherwise noted below. Invoices to be sent to: FWS HANGAR and FWS FBO LLC Jonathan M Wenrich 5473 Blair Rd, Suite 100, PMB 74172 Dallas, TX 75231 Sign License Agreement — Fort Worth Spinks Airport FWS HANGAR LLC AND FWS FBO LLC Page 2 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this the 26th day of June , 2025. CITY OF FORT WORTH: By: Roger Venables Aviation Systems Director STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Roger Venables, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day June , 2025. •ga .� le ANGELA D. NH R-1ublic Angel Chrisp (Jun 26, 2025 0 18 CDT) Notary PublicSTATE OF TEXAS My Comm Ex. 134812443 34 1 443 Notary Public in and for the State of Texas APPROVED AS TO FORM AND LEGALITY: Candang PgaliAra By: Candace Pagliara (Jun 17, 5 07:30 CDT) Candace Pagliara Assistant City Attorney M&C: Not Reauired Sign License Agreement — Fort Worth Spinks Airport FWS HANGAR LLC AND FWS FBO LLC Page 3 of 5 q voRp�� ATTEST:0 0. By: Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 LESSEE: ATTEST: FWS HANGAR LLC and FWS FBO LLC DBA VESPER AVIATION By: By: Jonathan M. Wenrich President Date: 06/16/2025 STATE OF TEXAS § COUNTY OF Tarrant § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jonathan M. Wenrich, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of FWS HANGAR LLC and FWS FBO LLC DBA VESPER AVIATION and that he executed the same as the act of FWS HANGAR LLC and FWS FBO LLC DBA VESPER AVIATION for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of .tune , 2025. PaYI l 1p �` // John D Clark Notary Public in and for the State of Texas A- ID ID NUMBER Electronically signed and notarized online using the Proof platform. war-P 13240917-9 COMMISSION N EXPIRES �Ilolll III\CO M 2026 Sign License Agreement — Fort Worth Spinks Airport FWS HANGAR LLC AND FWS FBO LLC Page 4 of 5 Exhibit A Q17425 - Vesper Aviation 192 in vv�VESPER AVIATION u41:1006 30" x 192" Polyearbonate 3/16" Sign License Agreement — Fort Worth Spinks Airport FWS HANGAR LLC AND FWS FBO LLC Page 5 of 5 FASTS/GNS GARLAND -MESQUITE FORT WORTH M . .