HomeMy WebLinkAboutContract 48507 123456
Q� CITY SECRETARY
�o CONTRACT NO.
Q FORT WORTH AVIATION DEPARTMENT
CM
HC 2 3 7116 N ADMINISTRATION BUILDING OFFICE LEASE
ANNUAL AGREEMENT
o� ORT WORTH MEACHAM INTERNATIONAL AIRPORT
8 �
l9S bEZ �
This ADMINISTRATION BUILDING OFFICE LEASE AGREEMENT ("Lease") is
made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule
municipal corporation under the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and MK CONQUEST INTERNATIONAL ("Lessee"), a
Texas Corporation acting by and through ERIC KUDIMI, its duly authorized PRESIDENT.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 260 square feet
of office space identified as Suite 132, First Floor, depicted on Exhibit "A", attached
hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
The Initial Term of this Lease shall continence on the date of its execution ("Effective
Date"). This lease shall operate on a year-to-year basis, commencing on the Effective Date.
This lease will automatically renew for successive Renewal Terms of (1) one year,
following the initial (1) one year term, provided, however, that the rental rates for each
Renewal Term shall be adjusted to comply with the rates prescribed for the Premises by
Lessor's published Schedule of Rates and Charges in effect at the same time. In order to
terminate 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 effective date of such
termination.
3. RENT.
3.1. Rates and Adjustments.
Lessee shall commence the payment of rent, in accordance with this Section 3,
effective January 1, 2017. From January 1, 2017 until the following year, Lessee
shall pay Lessor rent based on a rental rate of$16.00 per square foot which will be
payable in monthly installments of S346.67, for an annual rental rate of 054,160.00.
On October 1, 2017, and on October 1st of each year thereafter during both, the
Initial Term, and any Renewal Term, Lessee's rental rate shall be adjusted to
comply with the rates prescribed for the Premises by Lessor's Schedule of Rates
OFFICIAL RECORD and Charges in effect at the respective time. In no event shall Lessee's monthly
CITY SECRETARY rental rate exceed the then-current rates prescribed by Lessor's published Schedule
FT.WORTH,TX
Fort Worth Meacham International Airport Administration Building 011-ice Lease Agreement Page I or 13
of Rates and Charges for the type or types of property at the Airport similar to the
type or types of property that comprise the Premises.
3.2. Payment Dates and Late Fees.
Monthly rent payments under this Lease are due on or before the first (1st) day of
each month. Payments must be received during normal working hours by the due
date at the location for Lessor's Revenue Office as set forth in Section 18. Rent
shall be considered past due if Lessor has not received full payment on or before
the 10t" day of the month for which payment is due. Lessor will assess a late
penalty charge of ten percent (10%) per month on top of the entire month's rent for
each month in which rent is past clue.
4. U'1'Im,ra,'S.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with
the exception of telephone utilities and internet service. Lessee agrees that all
electrically-operated equipment which may be used on the Premises shall filly comply
with the City of Fort Worth Mechanical, Electrical, Plumbing, Fire and Building Codes,
as they exist or may hereafter be amended.
5. MAINTENANCE AND REPAIRS.
5.1. Maintenance and Repairs by Lessor.
Lessor shall provide janitorial services to the Premises. Lessor agrees to perform
minor repairs and maintenance on a timely basis as required by the ordinary use
of the Premises under the terms of this Lease and Nvhich are not caused by any
violation thereof by Lessee. Lessor shall have the right and privilege, through
its officers, agents, servants or employees to inspect the Premises at any time. If
Lessor determines that Lessee is responsible for any maintenance or repairs
required on the Premises, it shall notify Lessee in writing. Lessee agrees to
undertake such maintenance or repair work within thirty (30) calendar days of
receipt of notice. If Lessee fails to undertake the maintenance of-
repairs
rrepairs recommended within this time, Lessor may, in its discretion, perforizr the
necessary maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the maintenance or repairs, and payment will be
due on the date of Lessee's next monthly rental payment following completion of
the repairs.
5.2. Maintenance and Repairs 1)y 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 will not make or suffer
any waste of the Premises. Lessee shall not allow any holes to be drilled or made
in the brick, plaster or cement work. Lessee will not pile or store boles, cartons,
Fort Worth Meacham International Airport Administration Building Office Lease Agreement Page 2 of 13
barrels or other similar items in a inanner that is unsafe or unsightly. Upon
termination of this Lease, Lessee agrees to return the Premises to Lessor in
the same condition as originally received, subject to ordinary wear and tear
consistent with normal use over time. Lessee is responsible for all damages
caused by the negligence or misconduct of Lessee, its agents, servants, employees,
contractors, subcontractors, patrons, licensees, invitees or trespassers.
For any portion of the Premises located in the basement of the Administration
Building, Lessee shall provide, at Lessee's own expense, and use covered metal
receptacles for the temporary storage of all trash and garbage and arrange and pay
for the sanitary transport and permanent disposal away from the Airport of all of
Lessee's trash, garbage and refuse.
5.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to
enter the Premises at any time in order to perform any and all duties or obligations
which Lessor is authorized or required to do under the terms of this Lease or to
perform its governmental duties under federal, state or local rules, regulations and
laws (including, but not limited to, inspections Linder applicable Health,
Mechanical, Building, Electrical, Plumbing, and Fire Codes, or other health, safety
and general welfare regulations). Lessee will permit the Fire Marshal of the City
of Fort Worth or his agents to make inspection of the Premises at any time, and
Lessee will comply with all recommendations made to Lessee by the Fire Marshal
or his agents to bring the Premises into compliance with the City of Fort 'Worth
Fire Code and Building Code provisions regarding fire safety, as such provisions
exist or may hereafter be added or amended. Lessee shall maintain in a proper
condition accessible fire extingttishcrs of a number and type approved by Fire
Underwriters for the particular hazard involved. Lessor shall provide Lessee with
advance notice of inspection when reasoriable Lander the circunnstauces.
6. ACCEPTANCE' OF PREMISES.
Lessee agrees and covenants that it has inspected the Premises and is fully advised of its
own rights without reliance upon any representation made by Lessor concerning the
condition of the Premises. Lessee accepts the Prennises in its present condition as
satisfactory for all purposes set forth in this Lease.
7. CONSTRUCTION AND IMPROVEME'NTS.
Lessee may not undertake or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writing approval from the Airport Systems Director or authorized
representative. All such approved construction work on and improvennernts to the
Premises shall comply fully with the Americans with Disabilities Act of 1990, as
amended.
8. PikRKING.
Fort Worth Meacham International Airport Administration Building Office Lease Agreement Page 3 of 13
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance Nvith policies established by the Director of Airport Systems
or authorized representative, for the parking of company vehicles and the vehicles of its
employees, licensees or invitees, subject to all ordinances and regulations of the City of
Fort Worth and all other applicable laws.
9. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for the purpose proposed to and approved
by the Department of Aviation. Any proposed change to the use and activity within the
lessee space must be approved by the Department of Aviation prior to the change
occurring.
10. SIGNS.
Lessee may, at its own expense and with the prior written approval of the Airport
Systems Director or authorized representative, create, install, and maintain signage. Such
signs, however, must be in keeping with the size, color, location and manner of display
of other signs throughout the Administration Building. In addition, Lessee may not
install a sign outside the Administration Building on Lessor's property witliout prior
written approval by the Airport Systems Director or authorized representative as to the
sign's placement, appearance, construction, and conformity with applicable City Code
restrictions.
The Meacham Administration Building's location sign on Main Street is part of the
airport's Unified Signage Agreement. All associated signage panels must be approved
and procured by the lessor. The lessee Nvill remit payment in advance to the lessor for the
sign panel cost.
Lessee shall maintain all signs in a safe, neat, sightly and physically good condition.
Lessee agrees to pay Lessor for any damage, injury or necessary repairs to the Premises
resulting from the installation, maintenance or removal of any such sign. Lessee also
agrees to remove any signs at its own expense immediately upon receipt of instructions
for such removal from the Airport Systems Director or authorized representative.
11. RICYII I'S AND RESERVATIONS IONS O LESSOR.
Lessor hereby retains the following rights and reservations:
11.1. All fixtures and items permancntly attached to any structure on the Premises
belong to Lessor, and any additions or alterations made thereon, shall
immediately become the property of Lessor.
11.2. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected ally building
or other structure which, in the opinion of Lessor, would limit the usefulness of
Fort Worth Meacham International Airport Administration[3uilding Office Lease Agreement Page 4 o1'13
the Airport, constitute a hazard to aircraft or diminish the capability of existing of-
future
rfuture avigational or navigational aids used at the Airport.
11.3. Lessor reserves the right to close temporarily the Airport 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 Lessor. 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.
11.4. This Lease shall be subordinate to the provisions of any existing or future
agreement between Lessor 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 fiends for the development, maintenance or repair of-
Airport infrastructure.
Il.5. During any war or national emergency, Lessor shall have the right to lease ally
part of the Airport, including its landing area, to the United States Government.
In this event, any provisions of this instrument which are inconsistent with the
provisions of the lease to the Government shall be suspended. Lessor shall not be
liable for any loss or damages alleged by Lessee as a result of this action.
However, nothing in this Lease shall prevent Lessee from pursuing an}' rights it
may have for reimbursement from the United States Government.
12.6. Lessor covenants and agrees that during the term of this Lease 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 Lessor to the United States
Government through the Federal Airport Act; and Lessee agrees that this Lease,
and Lessee's rights and privileges hereunder shall be subordinate to the Sponsor's
Assurances.
12. INSURANCE
12.1 'Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in full force and effect, a policy of-
policies
rpolicies of insurance as specified herein, naming the City of bort Wortll as an
additional insured and covering all public risks related to the leasing, use,
occupancy, maintenance, existence or location of the Premises. Lessee shall
obtain the following insurance coverage at the limits specified llerein:
® Commercial General Liability:
$300,000.00 per occurrence
(including Products and Completed Operations)
In addition, Lessee shall be responsible for all insurance to any approved
construction, improvements, modifications or renovations on or to the Premises
and for personal property of Lessee or in Lessee's care, custody or- control.
Fort Worth Meacham Intonational Airport Administration Building OPlice Lease Agreement Page 5 or 13
12.2. Adjustments to lZeguired Coveraoe and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option,
and Lessee will accordingly comply with such new requirements within thirty (30 )
days following notice to Lessee.
12.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with a certificate of insurance signed by the underwriter as proof that it has
obtained the types and amounts of insurance coverage required herein, and Lessee
shall submit a similar certificate of insurance annually to City on the anniversary
date of the execution of this agreement. Lessee hereby covenants and agrees that
not less than thirty (30) days prior to the expiration of any insurance policy
required hereunder, it shall provide Lessor with a new or rencwal certificate of
insurance. In addition, Lessee shall, on demand, provide Lessor with evidence
that it has maintained such coverage in full force and effect.
12.4. Additional Ileguirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee's operations at the airport and to
provide that no material changes in coverage, including, but not limited to,
cancellation, termination, nonrenewal or amendment, shall be made without thirty
(30) days' prior written notice to Lessor.
13. INDEPENDENT l"ONTIZAC't OR.
It is expressly understood and agreed that Lessee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent,
representative or employee of Lessor. Lessee shall have the exclusive right to control the
details of its operations and activities on the Premises and shall be solely responsible for
the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees and invitees. Lessee acknowledges that the
doctrine of reshowlerrt superior shall not apply as between Lessor and Lessee, its officers,
agents, employees, contractors and subcontractors. Lessee further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between
Lessor and Lessee.
14. IND1 NINIFICIA'ION.
LESSEE HEREBYASSUIIIIESALL LIABILITYAND RESTOjVSIBILITYFOR PROI'ERI°Y
LOSS, PROPERTY DAIUlIGE ,,INDVR PERSON11L INJURY OF ANY KIND,
INCLUDING DEATH, TO ANY AND ALL PERSOl\W, OF ANY KIND OR CI N RA C'TER,
1,VHETIIER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECT/ON 1/pI7I1
TILE USE OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
Fort Worth Ntcacham International Airport Administration Building 01rce Lease Agieement Page 6 of 13
MAINTENANCE-, USE, OCCUPANCY, E,I'IS1'ENCE OR LOCA770N 01,'
THE PREMISES, E,YCEPT TO TI-IE EXT ENT CA USED 13Y TI-IE�1TEGLIGEIVT ACI S OR
OMISSIONS OR INTENTIONAL jIIISCONDUC'T 01%LESSOR..
LESSEE COVENANTS AND AGREES TO, AND DOES HI-,-REB)", INDEMNIFY;
IIOLD HARIIILESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERTVANTS
AND EAIIPLOYEES, FROAII AND AGAINST ANY AND ALL CLAIMS OR LAWSUIT S
FOR EITHER PROPERTY DAlI L11 GE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO LESSEE'S BUSINESS AND AN)"RESULTING LOST PROFITS) AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, TVIIET I-IER REAL OR ANVRT ED, ARISING OUT OI% OR 1AT
CONNECTION 1,1177H THE USE OF THE AIRPORT UNDER THIS LEASE OR 11'ITI1
THE LEASING, 1IIAINTENANCE, USE, OCCUPANCI; EXISTENCE OR LOCATION
OF THE PREIIISES, EXCEPT TO BY THE NEGLIGENT ACT S
OR OIIIISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUAIIES ALL RESPOATSIBILITYAND AGREES TO PAY LESSOR ORANY
AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY TVI-IICHAIZIS'ES OUT OF
OR IN CONNECTION TVITH ANI'AND ALL .4 CTS OR OMISSIONS 01� LL'SSEE, I7 1S'
OFFICERS, AGENTS, E111IPLOYEES, CONMACTORS, SUBCONT RACTORS,
LICEAISEES, INVITEES, PATRONS OR TRESPASSERS, E,YCEI'T TO TI/A'
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
IIISCOND UCT OF LESSOR..
LESSOR DOES NOT GUARANTEE POLICE PROTECTION ION TO LESSEE OR IT S
PROPERTY. LESSOR SHALL AIOT BE RESPONSIBLE FOR INJURI'TO ANl'PIsRSOAT
ON THE PREMISES OR FOR I-119RAI TO ANY PROPERTY [ITIHICII BL'LOAIGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS E11IIPLOYEES, CONTRIIC'TORS,
SUBCONTRACTORS, LICENSEES, INVIT EES OR PATRONS, AND TYIIIC'II 1t/tAl' BE
STOLEN, DESTROYED OR IN ANY TVA Y DAMAGED; AND LESSEE I-IERL'BY'
INDEIIINIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EHI'L O PEES FR OiAll AND A GAINST ANY AND ALL SUCH
CLAIAIIS, EXCEPT TO THE EXTENT CAUSED BY THE, NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL 1IIISCONDUCT OFLESSOR..
15. WAIVER OF CU A RI'TABLE B Il`./lUNITV OR I+',�EMIIIJQN.
If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
16. TERMINATION.
Upon termination of this Lease, all rights powers and privileges granted to Lessee
hereunder shall cease and Lessee shall immediately vacate the Premises. Lessee agrees
that it will return the Premises and all appurtenances and improvements thereon in good
order and repair and in the same condition as existed at the time this Lease was entered
Fort Worth Meacham International Airport Administration Building 011ice Lease A-reemet t Daae 7 ol'13
into, subject to ordinary wear and tear. Lessor shall have the immediate right to take full
possession of the Premises and to remove any and all parties remaining on any part of the
Premises without further legal process and without being liable for trespass or any other
claim. Lessor shall also have the right to remove any and all fixtures or equipment that
may be found within or upon the Premises without being liable therefor. Lessee agrees
that it will assert no claim of any kind against Lessor, its agents, servants, employees or
representatives which may stem from Lessor's termination of the Lease or any act
incident to Lessor's assertion of its right to terminate.
17. Nffri :Ix
Notices required pursuant to the provisions of this Lease 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 LESS®I1: TO LESSEE:
City of Fort Worth MK Conquest International
Aviation Department Eric Kudilni
201 American Concourse, Suite 330 201 American Concourse, Suite 132
Fort Worth, Texas 76106-2749 Fort Worth, Texas 76106
18. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublet or transfer any of its rights, privileges, duties
or interests granted by this Lease Nvithout the advance written consent of Lessor. Any
such transaction attempted by Lessce witbout prior written consent by Lessor shall be null
and void. If Lcssor consents to any such transaction, the respective assignee or sublessee
shall consent to comply in writing with all terms and conditions set forth in this Lease the
same as if that party had originally executed this Lease.
19. LIENS BY IJESSE'E-
Lessee acknowledges that it has no authority to engage in any act or to make any contract
Nvhich may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost
and expense, 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 immediately.
However, Lessee's financial obligation to Lessor to liquidate and discharge such lien shall
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
20. TAXES ANIS ASSVSSMENTS.
Fort Worth Meacham International Airport Administration Building Oflice Lease Agreement Page 8 of 13
Lessee agrees to pay airy and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the I'rcma
ises or in),
improvements or property placed on the Premises by Lessee as a result of its occupancy.
21. C,OA1111IJIANC E WITH LAWS, ORDINANCES, RULIJS ANI) IZ GU1,AlIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, scrvants, employees,
contractors, subcontractors,patrons, licensees or invitees to engage in any unlawful use oC
the Premises and Lessee immediately shall remove from the Premises any person
engaging in such unlawful activities. UnlawfLil use of the Premises by Lessee itself shall
constitute an immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the 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
all rules and regulations adopted by the City Council pertaining to the conduct required at
airports owned and operated by the City, as such la%vs, ordinances, rules and regulations
exist or may hereafter be amended or adol)ted. if Lessor notifies Lessee or any of its
officers, agents, employees, contractors, subcontractors, licensees or invitees of any
violation of such laws, ordinances, rules or regulations. Lessee shall immediately desist
from and correct the violation.
22. NON-DISCRIPAINATION COVENANT.
Lessee, 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 Lessee's use of the Premises
on the basis of age, race, color, national origin, religion, disability, sex, sexual orientation.
transgender, gender identity or gender expression. Lessee 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 Premises on grounds of age, race, color, national
origin, religion, disability, sex, sexual orientation, transgender, gender identity or gender
expression.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee 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 Nvith any amendments to this regulation which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
Fort Worth Meacham International Airport Administration Building Oliice Lease Agreement Page 9 or 13
23. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for the operation of its business at the Airport.
24. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Lease, the City of Fort Worth does
not waive or surrender any of its governmental powers.
25. NO NVAIVER.
The failure of Lessor to insist upon the performarice of any term or provision of this
Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's right
to insist upon appropriate performance or to assert any such right on any future occasion.
26. VENUE.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of
this Lease or by Lessee's operations on the Premises, venue for such action shall lic iii.
state courts in Tarrant County, Texas, or the United States District Court for the Northern
District of Texas, Fort Worth Division. This Lease shall be construed in accordance with
the laws of the State of Texas.
27. ATTORNEYS' FEES.
In the event there should be a breach or default under any provision of this Lease and
either party should retain attorneys or incur other expenses for the collection of rent, fees
or charges, or the enforcement of performance or observances of any covenant, obligation
or agreement, Lessor and Lessee agree that each party shall be responsible for its owil
attorneys' fees.
28. SIWE RAI3u,rrV.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, tine
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
29. FORCE MA.IEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective
obligations as set forth in this Lease, but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, w,u-s,
riots, material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
Fort North Meacham hiternational Airport Administration Building Orlice Lease Agreement Page 10 of 13
30. IIEADINGS NOT CONTRGI,I,ING.
Headings and titles used in this Lease are for reference purposes only and shall not be.
deemed a part of this Lease.
31. EWHRE I'V OF AGREEMENT.
This written instrument, including any documents incorporated herein by reference,
contains the entire understanding and agreement between Lessor and Lessee, its assigns
and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to irl writing by both parties and approved by the
City Council of Lessor.
32. SIGNATURE AIITHOWTV.
The person signing this agreement hereby Nvarrants that he/she has the legal authority to
execute this agreement 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. Tach party is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
[Signature Pages to Followl
Fort Worth Meacham International Airport Administration Building 017ice Lease Agreement Pa:,e I I o1'13
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples on this
the 4,,l day of ` ,2016.
CITY OF FORT WORTH:
By: ��u�o�/�—� 554.1
Fernando Costa
Assistant City Manager
Date: /2�z///6
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 Fernando Costa, 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 day
\\�C e'" e'y— _,2016.
TRIKINYA L JOHNSON `
,_. N 1 Notary Public,State of Texas Notary ublic `n and-fo the State of Texas
Comm.Expires 04-17-2018 l
Notary ID 1238832-0 c�
APPROVED AS TO FORM AXryJ.
AND LEGALITY:
By: B
Paige Me ane
Assistant City Attorney City Secretary
M&C: C-28042
Date: 12/13/16
Form 1295: 2016-121963
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Fort Worth Meacham International Airport Administration Building Office Lease Agreement Page 12 of 13
f
LESSEE: ATTEST:
MK CONQUEST INTERNATIONAL
By. By:
Eric Kudimi,
President
Date:
STATE OF TEXAS 5
COUNTY OF Q §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Eric Kudilini, known to me to be the person whose name is subscribed
to the foregoing instrument, and aclalowledged to me that the same was the act of MK Conquest
International, and that he executed the same as the act of A'II,,' Conquest International, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIV UNDER MY HAND AND SEAL OF OFFICE this /0 — day of
/ QUP.r�'tb�C✓ ,2016.
FE�11;W
Notary Public in and for the State of Texas
ANNE MARIE STOWEtary Public,State of Texasmm.Ex ires 05-01-2018pNotary ID 45976.5
Fort Worth Meacham International Airport Administration Building Office Lease Agreement Page 13 of l3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12113/2016
DATE: Tuesday, December 13, 2016 REFERENCE NO.: **C-28042
LOG NAME: 55FTW MKCONQUEST ADMIN BLDG
SUBJECT:
Authorize Execution of an Administration Building Office Lease Agreement with MK Conquest International
for Suite 132 at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Administration Building Office Lease
Agreement with MK Conquest International for Suite 132 at Fort Worth Meacham International Airport.
DISCUSSION:
On October 4, 1994 (M&C C-14501) the City Council authorized the execution of a Terminal Building
Office Lease Agreement, City Secretary Contract (CSC) No. 21585, for Suite 262 with MK Conquest
International at Fort Worth Meacham International Airport (Meacham). The space consisted of a total of
130 square feet of second floor office space in the Terminal Building.
In November of 2014 MK Conquest was relocated to a temporary trailer facility until completion of the
newly renovated Administration Building (formerly the Terminal Building). Renovation is scheduled for
substantial completion on December 28, 2016. At that time, Aviation will begin coordinating the relocation
from the temporary trailer facility to the new Administration Building.
MK Conquest has agreed to execute a new one-year Lease Agreement for Suite 132, consisting of 260
square feet of first floor office space at Meacham Administration Building. Total revenue received from
this lease will be in the amount of$4,160.00 per year or$346.67 per month. On October 1, 2017 and on
October 1st of each year thereafter during both the Initial Term and any Renewal Term, the Lessee's
rental rate shall be adjusted to comply with the rates prescribed for the Premises by the Lessor's Schedule
of Rates and Charges in effect at the respective time.
This lease shall operate on a year-to-year basis, commencing on the Effective Date. This lease will
automatically renew for successive Renewal Terms of one year, commencing the first day following the
Effective Date, unless either party notifies the other of its intent to cancel the lease in accordance with its
terms and conditions. All other terms and conditions will follow standard City and Aviation Department
policies.
Fort Worth Meacham International Airport is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the Aviation Department is responsible for the collection and deposit
of funds due to the City. Upon receipt, these funds will be deposited into the Municipal Airports Fund.
Logname: 55FTW MKCONQUEST ADMIN BLDG Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # mount
ID ID YearChartfield 2
FROM
Fund Department Accoun Project r7tctivity Budget Reference # mount
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Anne-Marie Stowe (5415)
ATTACHMENTS
1. Exhibit Admin Bldg 132 MKConguest.pdf (Public)
2. Form 1295 MK Conguest.pdf (Public)
3. Map MKConquest.pdf (Public)
Logname: 55FTW MKCONQUEST ADMIN BLDG Page 2 of 2
C-28042 C
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
Sof1
Complete Nos.1-4 and 6 if there are interested parties, OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of tl,e business entity's place Certificate Number:
of business. 2016-121963
MK Conquest International
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state ayency that is a party to the conhact for which the lorm is 10/10/2016
being filed.
Fort Worth Meacham International Airport Date Acknowledged:
g Provide the idenwication number used by the governmental entity or slate agency to track or identify the contract,and provide a
description of the srrvices,goods,or other properly to be provided under the contract.
132
New Administral ion Building Lease Agreement at Fort Worth Meach;mn Internalionill Airport
4 Nature of interest
Name of Interested Party City,state,County(place of business) (check applicable)
Controlling Intermediary
Kudimi, Eric Fort :vofth,TX United States X
5 Check only if the.u; NO InleresIorl Party. ❑
6 AFFIDAVIT I swear,or affirm, Icr penalty of turjury,that the above disclosure is true and correct.
ANNE-MARIE STOWE
Notary Public,Stale of Texas
Comm.Expires 05-01-2018
Notary ID 45976-5
Signmure of autlunived agent of contracting business entity
AFFIX NOTARY S l-MAP/SEAL Al;OVI-
Sworn and subscribed befnr e nue,by the'slid "dlL.___,this the��day of
20 ,to certify which,wiuwss my hnml and scal of office.
Al.
Signature of i slicer adminUm inti wadi Minted name of officer o oo:!i Title of officer administering oath
Forms provided by Fexas Ethics Cc•nt nr www.ethics,Slr tx.us Version V1.0.277