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HomeMy WebLinkAboutContract 33275-T1 r�EC CITY SECRETARY CONTRACT N0. TERMINATION OF LEASE c�N This Termination of Lease(the"Termination") is entered into as of January_, 2018 between the City of Fort Worth, a Texas municipal corporation("Landlord"), acting by and through its Assistant City Manager, and Archival Holdings, Inc. ("Tenant"), acting by and through its President. RECITALS 1. Landlord and Tenant entered into a lease dated 8th day of February, 2006 (City Secretary Contract Number 33275),as amended by an amendment dated January 30,2009, (City Secretary Contract Number 33275-A1) (collectively, the "Lease"), with respect to property owned by Landlord located generally on Gendy Street, Fort Worth, Texas adjacent to the current location of the Western Heritage Parking Garage, with the property more particularly described in the Lease, a copy of which is attached hereto. 2. Landlord and Tenant desire to terminate the Lease so that each of them and their successors and assigns can be released and forever discharged from further performance under the Lease. AGREEMENTS Therefore, in consideration of the mutual covenants and agreements contained in this termination and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Landlord and Tenant agree as follows: 1. Termination of Lease Aareement. Landlord and Tenant agree that the Lease is terminated as of the date of this Termination, and that neither party will hereafter have any liabilities, rights, duties, or obligations as to the other party (or its successors and assigns) under or in connection with the Lease. 2. Release and Settlement of Claims. Landlord and Tenant each are fully and unconditionally released and discharged by the other from their respective obligations arising from or in connection with the Lease. This Termination will fully and finally settle all demands, charges, claims, accounts, or causes of action of any kind arising out of or in connection with the Lease, and this Termination constitutes a mutual release with respect to all claims arising out of or in connection with the Lease. In witness whereof,the parties have executed this Termination as of the date first written above. LANDLORD: TENANT: CITY OF FORT WORTH, TEXAS, ARCHIVAL HOLDINGS, INC., a Texas home rule municipal corporation a*not corporation By: BAssistant City ManagerPresi ent Termination of Lease Agreement with Archival Holdings,Inc. `—----�- - - Page 1 of 2 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX APPROVED AS TO FORM AND LEGALITY: i- 41111.4 0 L' o� ssistant City Atto ey ATT T: Oe FORr� ary J s City Sec t * yt 3 �XAS OFFICIAL RECORD Termination of Lease Agreement with Archival Holdings,Inc. CITY SECRETARY Page 2 of 2 FT.WORTH,TX CITY SECRETARY?�f '7� 0ONTRACT NO. „2 LEASE BETWEEN THE CITY OF FORT WORTH,TEXAS, AND ARCHIVAL HOLDINGS,INC WHEREAS, the National Archives and Records Administration(NARA) is the repository of our nations historically significant documents and records; and WHEREAS; the Southwest Regional Facility of NARA is currently located at the Fort Worth Federal Center, which is neither particularly visible nor easily accessible to the general public; and WHEREAS; the NARA is interested in relocating from the Federal Center to a new, modern facility containing public exhibit space and educational facilities, located in a high profile, more easily accessible area in the City of Fort Worth; and WHEREAS; after NARA has occupied its new facility, NARA intends to bring traveling exhibits of historically significant documents and records from Washington, DC and other areas of the country to Fort Worth for the benefit of the community and the surrounding area; and WHEREAS; the City of Fort Worth is interested in retaining NARA as a part of the community and facilitating its relocation to the Fort Worth Cultural District and therefore would like to enter into a lease with Archival Holdings, Inc in order to facilitate retaining NARA in Fort Worth.. NOW THEREFORE, this Lease Agreement (the "Lease") is entered into on this the day of T . 2006 between the City of Fort Worth, Texas, a home-rule municipal corporation("Landlord")and the Archival Holdings, Inc.., a Texas non-profit corporation("Tenant"). ARTICLE 1. LEASE OF PREMISES § 1.01. Leased Premises In consideration of the mutual covenants and agreements of this Lease, and other good and valuable consideration, Landlord demises and leases to Tenant, and Tenant leases from Landlord, the premises situated in Fort Worth, Tarrant County, Texas, legally described on Exhibit A attached to this Lease, and made a part of this Lease for all purposes (collectively referred to as "the Premises"or"the Leased Premises" in this Lease). f ease r wn and bed on Exhibit Pte V I r ARTICLE 2. LEASE TERM § 2.01. Primary Term The terra of the Lease ("Term") shall commence on the date of the commencement of Tenant's on-site activities on the Leased Premises and shall continue for 99 years from said date, unless terminated sooner as provided in the Lease. The Lease may be renewed for five ten-year terms provided that Tenant requests the renewal in writing to Landlord on or before 60 days prior to the expiration of the Term or any extension. Tenant shall notify Landlord in writing 30 days prior to Tenant's commencement of on-site activities on the Leased. Premises. It is specifically understood and agreed that the Leased Premises shall be only used for a public facility for the National Archives and Records Administration which shall include public exhibit and education facilities for the Term and any extension in accordance with the permitted use described in Section 3.01 below. §2.02 Termination. This lease will terminate without further notice when the Term specified. in § 2.01 expires, and any holding over by Tenant after that Term expires, will not constitute a renewal of the Lease or give Tenant any rights under the Lease in or to the Premises, except as a tenant at will. § 2.03. Holdover Tenancy. If Tenant holds over and continues in possession of the Premises after the Tema expires, Tenant will be considered to be occupying the Premises at will subject to all the terms of this Lease. ARTICLE 3. USE OF PREMISES §3.01. Permitted Use of Premises. Tenant may use the Premises only for the purpose of developing, constructing, and operating a public facility for the National Archives and Records Administration (the 'Facility") which shall include a public exhibit and education facilities and for purposes ancillary to the operation of the Facility , and for no other purpose without the written consent of Landlord. § 3.02. No Hazardous or Toxic Substances. Under no circumstances during the Terra and extensions of this Lease will Tenant use or cause to be used in the business operated on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises. § 3.03. Iffeeal Use Not Permitted. Tenant may not use all or any part of the Premises or any building situated on them for any use or purpose that violates any valid and applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction over the Premises: § 3.04. Condition of Premises. Tenant agrees to accept the Leased Premises in their present condition, finds them suitable for the purposes intended, and further agrees that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by Landlord as to the condition of the Premises or their suitability for the purposes intended. ARTICLE 4. RENT § 4.41. Rent. Tenant will pay Landlord$10,00 annually as rent during the Term. ARTICLE 5. CONSTRUCTION BY TENANT § 5.41. General Conditions. Tenant may, at any time and from time to time during the Term, erect, maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on the Premises, and correct and change the contour of the Premises, subject to the following: a.Tenant bears the cost of any such work. b.The Premises must at all times be kept free of mechanics' and materiaiman's liens. c. Tenant must provide performance and payment bonds covering any such work, in form acceptable to the City Attorney. d. Landlord must be notified of the time for beginning and the nature of any such work, other than routine maintenance of existing buildings or improvements, prior to the work being performed.. e. The conditions of 5.04 concerning Landlord's approving plans must be followed. § 5.42. Easements, Dedications, Zoning, and Restrictions. Landlord will cooperate with Tenant concerning easements, dedications, zoning, and restrictions of the Premises as follows: a. Easements and Dedications. To provide for the more orderly development of the Premises, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Premises. Landlord will, on Tenant's request,join with Tenant in executing and delivering the documents, from time to time, and throughout the Term, as may be appropriate, necessary, or required by any governmental agency, public utilities, and companies for the purpose of granting the easements and dedications. Provided, however, any such dedication shall be subject to City Council approval. b. Zoning. If Tenant considers it necessary or appropriate to obtain use, zoning, or subdivision and plan approval and permits for the Premises or any part of them, Landlord, subject to any required approval by the City Council or other appropriate City board or commission, will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the Premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, and plan approval. Landlord will execute these documents from time to time as requested by Tenant. c. Expenses. Tenant exclusively bears the cost and expense of any action required of Landlord under subparagraphs a and b, above. § 5.03. Beginning Construction. Tenant shall begin construction after the date of this Lease but no later than 36 months from the date of the Lease. § 5.04. Landlord's Approval of Plans. The following rules govern Landlord's approving construction, additions, and alterations of buildings or other improvements on the Premises: a. Written Approval Required. No building or other improvement may be constructed on the Premises unless the plans, specifications, and proposed location of the building or other improvement has received Landlord's written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the Premises may begin until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by Landlord. b. Submission of Plans. Tenant must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing the Facility or for constructing any other buildings or improvements or additions or alterations to any buildings or improvements that require Landlord's approval under subparagraph a above. Tenant must submit two complete sets of construction plans of detailed working drawings, plans, and specifications and any additional. copies of site plans as required by Landlord for constructing the Facility for Landlord's approval within 30 months after this Lease is executed. If Tenant wishes to construct any other buildings or improvements or make any additions or alterations to buildings or improvements for which Landlord's approval is required under subparagraph a above, Tenant must submit two copies of detailed working drawings, plans, and specifications for any such projects for Landlord's approval before the project begins. c. Landlord's Approval. Landlord will promptly review and approve all plans submitted under subparagraph b above or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted promptly to Landlord. Minor changes in work or materials not affecting the general character of the building project may be made at any time without Landlord's approval, but a copy of the altered plans and specifications must be furnished to Landlord. d. Exception to Landlord's Approval. The following items do not require submission to, and approval by, Landlord: i. Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation. ii. Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements,to comply with legal requirements. e. Effect of Approval. Landlord's approval does not constitute approval of the architectural or engineering design, and Landlord, by approving the plans and specifications, assumes no liability 4 __._--- or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications. § 5.05 Ownership of Buildings. Improvements. and Fixtures. Any buildings, improvements, additions, alterations, and fixtures (except furniture and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during the Term are considered part of the real property of the Premises and must remain on the Premises and become Landlord's property when the Lease terminates. § 5.06. Right to Remove Personal Property; Fixtures. Tenant may, at any time while it occupies the Premises, or within a reasonable time thereafter, not to exceed ninety(90) days, remove personal property, furniture, machinery, equipment, or other trade fixtures owned or placed by Tenant, its subtenants or licensees, in, under, or on the Premises, or acquired by Tenant, whether before or during the Term and any extension. Before the Lease terminates, Tenant must repair any damage to any buildings or improvements on the Premises resulting from the removal. Any such items not removed within a reasonable time after the Lease termination date, not to exceed ninety (90) days, will became Landlord's property on that date. §5.07 Garage Fund. Landlord and Tenant agree that building permits shall only be issued for the construction of the improvements on the Property once an agreement for the Parking Garage Fund ("Fund Agreement") is executed by the parties. The fund shall contain $1.5 million by the end of the first 20 years of the lease. The Fund Agreement shall provide that the funds shall be deposited in an account managed only by Landlord and that the funds can be used only for the construction of parking garage improvements to serve the facility. ARTICLE 6. TAXES § 6.01. Payment by Tenant. In addition to the rent specified in Article 4, Tenant will pay and discharge all taxes, general and special assessments, and other charges of any kind levied on or assessed against the Premises and all interests in the Premises and all improvements and other property on them during the Term and any extension, whether belonging to Landlord or to Tenant. Tenant will pay all the taxes, charges, and assessments directly to the public officer charged with their collection before they become delinquent, and Tenant will indemnify Landlord and hold it harmless from all such taxes, charges, and assessments. Tenant may, in good faith at its own expense (and in its own name) contest any such taxes, charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. ARTICLE 7. UTILITIES § 7.01. Payment by Tenant. Tenant will pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and all other utilities used on the Premises throughout the Term and any extension, including any connection fees. 5 Y _y - 1 7{j77 t Y ARTICLE .8. REPAIRS, MAINTENANCE,AND RESTORATION § 8.01. Tenant's Duty to Maintain and Repair. At all times during the Term and any extension, Tenant will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on the Premises in a good state of appearance and repair(except for reasonable wear and tear) at Tenant's own expense. § 8.02. Damage or Destruction. If any building or improvement constructed on the Premises is substantially damaged or destroyed by fire or any other casualty, Tenant must, within (90) days from the date of the damage or destruction, begin to repair, reconstruct, or replace the damaged or destroyed building or improvement and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the building to substantially the condition it was in before the casualty. But if beginning or completing this restoration is prevented or delayed by war, civil commotion, acts of terrorism, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond Tenant's control, whether similar to any of those enumerated or not, the time for beginning or completing the restoration (or both) will automatically be extended for the period of each such delay. ARTICLE 9. MECHANICS' LIENS I § 9.01. Mechanic's Liens. Tenant will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Premises or against Tenant's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises or any part of them through or under Tenant. If such a mechanic's lien or materialman's lien is recorded against the Premises or any buildings or improvements on them, Tenant must either cause it to be removed or, if Tenant in good faith wishes to contest the lien, take timely action to do so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnify Landlord and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. ARTICLE 10. INDEMNIFICATION AND INSURANCE § 10.01. INDEMNIFICATION OF LANDLORD. LANDLORD IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY FIND TO ANY PERSON OR PROPERTY ARISiNG FROM ANY USE OF THE PREMISES (OR ANY PART OF THEM), OR CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR FACILITY ON THE PREMISES OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF TENANT, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY 6 OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAND, OR BROUGHT ABOUT BY TENANT'S FAILURE TO MAINTAIN THE PREMISES IN SAFE CONDITION. TENANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE LANDLORD, AND LANDLORD'S OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST SUCH LOSS, DAMAGE, INJURY, CLAIMS AND ATTORNEYS FEES INCURRED IN THE DEFENSE THEREOF, EVEN IN THE EVENT SUCH LOSS, DAMAGE, INJURY OR CLAIM RESULTING FROM THE ALLEGED NEGLIGENCE OF THE LANDLORD, ITS OFFICERS, AGENTS, AND EMPLOYEES OR OTHERWISE. § 10.02. Insurance Required Related to Construction. Tenant shall require the fallowing lines of insurance and limits of coverage of contractor(s) and professionals during the development, design, and construction of improvements permitted by this Lease. In addition, Tenant shall require its contractor(s) and/or professionals to name the City of Fort 'Worth, its officers, agents, and employees as additional insureds on relevant policies and obtain such coverage through insurance companies admitted or approved to issue the coverage in the State of Texas and have an AM Best rating of A:VII. Landlord shall have no responsibility for any costs associated with the required insurance. 10.02.1 Workers Compensation. Tenant shall require its contractor(s) to obtain and maintain statutory worker's compensation insurance and business automobile liability insurance ($1,000,000 limit) during any construction work. Tenant shall require its contractor(s)to cover its subcontractors on its (their) policies or shall require the subcontractors to obtain and maintain statutory worker's compensation coverage and business automobile liability insurance ($1,000,000 limit). 10.02.2 Professional Liability Insurance. Tenant shall require any architects and/or engineers providing professional services in the development, design, and/or construction management of the project to obtain and/or maintain professional liability insurance at a limit of not less than $1,000,000. If this coverage is obtained on a "claims made" basis, the professional(s) will maintain coverage continuously in force for a period not less than five years after project acceptance. 10.02.3 Commercial General Liability. Tenant shall require its contractor(s) to obtain commercial general liability insurance at a limit of not less than$1,000,000 per occurrence. § 10.03. Insurance Required Related to On-Going Occupancy and Use of the Premises. Tenant is required to obtain and maintain the following lines of insurance and Iirnits of coverage during the entire Term of this Lease and any extension. The Tenant will name the City of Fort Worth, its officers, agents, and employees as additional insureds on relevant policies and obtain such coverage through insurance companies admitted or approved to issue the coverage in the State of Texas and have an AMM Best rating of A.VII. Landlord shall have no responsibility for any costs associated with the req insurance. 7 10.03.1 Building and Improvements. At all times during the Term and any extension, Tenant shall maintain commercial all-risk property insurance on all buildings and other improvements located or being constructed on the Premises at not less than eighty percent (80%) of the replacement cost of such improvements. Tenant shall pay all costs for such insurance and shall be responsible for any deductible required. The insurance policy or policies must name both the Landlord and Tenant as named insured and may provide that any loss of$100,000 or less will be payable solely to Tenant for restoration of the improvement. Any loss over 5100,000 will be made payable jointly to the Landlord and Tenant, but Landlord shall promptly allow the release of insurance proceeds to enable Tenant to meet its repair obligations in Section 8.02 above. 10.03.2 Commercial General Liability Insurance. At all times during the Term and any- extension, nyextension, Tenant shall maintain commercial general liability insurance covering Landlord and Tenant for liability for property damage and personal injury at a limit of not less than$1,000,000 per occurrence. § 10.04 Certificates of Insurance. Tenant must furnish Landlord with certificates of all insurance required by this Section. If requested by the Landlord, Tenant must also supply copies of the individual policies of insurance. If Tenant does not keep required insurance in full force and effect, Landlord may notify Tenant of this failure, and if Tenant does not deliver certificates showing all such insurance to be in full force within ten (10) days after this notice, Landlord may, at its option, acquire or pay premiums on the insurance needed to fulfill Tenant's obligations under this section. On Landlord's demand, Tenant must reimburse Landlord the full amount of any insurance premiums paid by Landlord under this section, with interest at the rate of ten percent (10%) annually from the date of Landlord's demand until reimbursement by Tenant. ARTICLE 11. ASSIGNMENT AND SUBLEASE § 11.01 Assignment and Sublease. Tenant may not sell or assign its leasehold estate, or any portion of it, without the prior written approval of the Landlord. ARTICLE 12. DEFAULT AND REMEDIES § 12.01. Termination on Default. If Tenant defaults in performing any covenant or term of this Lease and does not correct the default within thirty (30) days after receipt of written notice from Landlord to Tenant or an additional reasonable period if Tenant is proceeding with diligence to cure the default, Landlord may declare this Lease, and all rights and interest created by it, terminated. If Landlord elects to terminate, this Lease will cease as if the day of Landlord's election were the day originally fixed in the Lease for its expiration. § 12.02. Other Remedies. Any termination of this Lease as provided in this article will not relieve Tenant from paying any sum or sums due and payable to Landlord under the Lease at the time of termination., or any claim for damages then or previously accruing against Tenant under this Lease. 8 - Any such termination will not prevent Landlord from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Tenant for any default under the Lease. All Landlord's rights, options, and remedies under this Lease will be construed to be cumulative, and not one of them is exclusive of the other. Landlord may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Lease. ARTICLE 13. NOTICES § 13.01. Notices. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. (a) If to Landlord: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 (b) If to Tenant: The Archival Holdings,Inc. 200 W. Weatherford Room 260A Fort Worth,TX '1 %02 76196 i Attention: Steve M. King ARTICLE 14. GENERAL PROVISIONS § 14.01. Right of Entry and Inspection. Tenant must permit Landlord or its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether Tenant is complying with this Lease; maintaining, repairing, or altering the Premises; or any other reasonable purpose. § 14.02. No Partnership or Joint Venture. The relationship between Landlord and Tenant is at all times solely that of landlord and tenant and may not be deemed a partnership or a joint venture. § 14.03. Force Majeure. If constructing the building or curing any default (other than failure to pay rent, insurance premiums, or ad valorem taxes) or performing any other covenant or term is delayed by reason of war, civil commotion, acts of terrorism act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond Tenant's control or that of the party obligated or permitted under this Lease to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. § 14.04. No Termination on Bankruptcy. Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this Lease as long as Tenant and Landlord or their respective successors or legal representatives continue to perform all covenants of this Lease. § 14.05. No Waiver. No waiver by either party of any default or breach of any covenant or term of this Lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease. CITY OF FORT WORTH THE ARCHIVAL HOLDINGS,INC. a Texas non-profit ration r By: ,�;�Z/ - - Assistant City Manager Titl APPROV AS TO FORM AND LEGALITY: sistant CIK Attorney ATTEST: Contract Authorizat--i-ou Date Marty Hendrix, City Secretary 10 FORT WORTH Exhibit A► REVISED Real Property Description for a Proposed Lease Site at the Cultural Center District A parcel of land out of the J. R. Montgomery Survey, Abstract Number 1030, being a portion of that certain tract of land conveyed to the City of Fort Worth, by deed recorded in Volume 1281, Page 499, of the Deed Records of Tarrant County, Texas, and being a portion of the Cultural Center District, and being more fully described by metes and bounds as follows; BEGINNING at a 5/8" iron rod with a red plastic cap marked `.`City of Fort Worth, Survey Division" set for the northwest corner of the Fort Worth Museum of Science and History Corporation lease site, out of said City Tract, according to that certain lease described in City Secretary Contract Number 20857, being 10.0 feet east of and perpendicular to the curb line of Montgomery Street, and being by deed call East 20.0 feet and North 453.2 feet, from the original southwest corner of said City Tract; THENCE: with a line 10.0 east of and parallel with said curb line, North 00 degrees 13 minutes 51 seconds West, 344.26 feet,to a 5l8" iron rod with a red plastic cap marked "City of Fort Worth, Survey Division"set; THENCE: South 89 degrees 42 minutes 04 seconds East, 233.65 feet to a 5(8" iron rod with a red plastic cap marked"City of Fort Worth, Survey Division" set; THENCE. South 00 degrees 17 minutes 56 seconds West, 26.00 feet,to a mark"V" cut at the west face of concrete retaining wall; THENCE: South 00 degrees 03 minutes 22 seconds East,to and along the face of an existing curb line, 166.19 feet, to a mark "X" cut,being 22.0 feet west of and perpendicular to the curb line of Gendy Street; THENCE: with a line 22.0 west of and parallel with said curb line, South 00 degrees 03 minutes 22 seconds West, 318.35 feet,to a 5/8"iron rod with a red plastic cap marked "City of Fort Worth Survey Division" set for the northeast comer of said lease site; THENCE: with said north line, North 89 degrees 41 minutes 09 seconds West, 398.05 feet, to the Place of Beginning, and containing some 3.05 acres( 133,018 squarej� f land more or less. C:) 4 S Q' _. ��n' Surveyed on the ground in the month of January, 2006. :, , ti ENGINEERING DEPARTMENT g SURVEY DiyISION THE Crry of FORT WORTH * 1000 THRQCKMORTON SrREer * FoRT WORTH,TEXAS 76102$311 ; (817) 871-7925 * Fax (817)871-8845 Printed on recycled paper Bearing Base: Texas coordinate system,North Central Zone,NAD 83, Via the City of Fort Worth GPS network, distances are ground measurements. Note: In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedure and Practices, 663.19(9),this"report" consists of the real property description included herein and a property description of a joint ingress and egress and a Map of Survey, attached herewith. Exhibit A .Fl71PT,�1r?.91Y CQ,M(fd/G/rY/TY,�iP13'C�ki/YlFf3P �1R'f4'/i 1 233.65 FT 166.1'9 FT'` S 89'42'04' E POB 26.00 FT s/s•IRs -�* �— REVISED 5/B'CRS S 00'1756' Fi ' s 89.42'04• E MAP OF SURVEY SHOWING I I ON WEST FACE OF A PARCEL OP LAND OUT OF THE I CONCRETE RETAINER WALL. O.R MONTGOMERY SURVEY,ABSTRACT APPARENT OWNER, j NUMBER 1090, BEING A PORTION OF THAT CITY OF FORT W❑RTH j CERTAIN TRACT OF LAND, AS CONVEYED TO THE CITY E~ 1 VOLUME 1281, PAGE 49cy722.00 FT OF I of FORT UORTH ACCORDING TO DEED RECORDED IN D,R„T,C„T. I FACE DF [NtR 4 iF /"� I E. VOLUME 1281, PAGE 499. E-I II.-• `N1 �y� 1 w DEED RECORDS, TARRANT COUNTY,TEXAS, U) h� (iV,j}.Y. A11 I I^'n j a+ FOR PROPOSED LEASE E_ $ m P i U) SITE AT THE CULTURAL.CENTER DISTRICT. (ADDED INGRESS AND ENGRESS EASEMENT) � �i 10.00 Fr aF C? V zFACE � O,>:B. � �;� Scale 1” = 50' ' 3.05 ACRES +/- (133,018 SQ FT so o So 100 Iso 1 I I Bads C"b wAREeTHN DBs➢EANATE SYS NORTOENTR U .. 83,VA TNT CTY OF TIZDIST CI ET.0m1 J 5/8'IRS URDUN➢MEASUREENS. I I C CSCN 20857 398.05 FT NEC CSCN 2085 N 89.41'09'W ` QRT WORT I5/B'IRS ,W10T.�/7TX POB �risrr�.�scrcf �,Yo.srsaRy %' r 450,00 FT I DEED CALL 20.0 FT EAST AND ngineengg 1 -Departmentof N 00'13'51'W I 45320 FT NMTH OF SOUTHWEST G/,J,Y,SSLf� �.>t,,QJ� J 4L'y'iYl1 B��„CGd',S�'\Ti”:"i' CORNER[IFCITTRACT. SNrve Division Stv, TE 02/09/06 SCALE DRAICN BY SM 11LE NO. 51586001 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/3112006 DATE: Tuesday, January 31, 2006 LOG NAME: 12ARCHIVES LEAS REFERENCE NO.: *"C-21276 SUBJECT: Authorize Execution of a Lease Agreement with the Archival Holdings, Inc., for a National Archives Facility RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement with the Archival Holdings, Inc., for the National Archive Facility for a lease term of 99 years. DISCUSSION: The Archival Holdings, Inc. has requested a 99 year lease from the City of Fort Worth for the National Archives and Records Administration (NARA). It is proposed that the Southwest Regional Facility will relocate the National Archives & Records Administration (NARA) from the Federal Center to the vacant site between the Arts Center and Museum of Science and History in the Cultural District. The lease will be for 99 years for $10.00 per year. The leased provides that the Lease Premises can be used only for a National Archives and Records Administration facility which shall include a public museum and education facility. The lease also provides that City approval is required for all construction plans and improvements and that no alterations to the facility can be made without the City's approval. In addition, the facility must be constructed free of mechanic and materialman's lien and Archival Holdings, Inc. must provide performance and payment bonds during construction. Throughout the term of the lease, Archival Holdings, Inc. must maintain sufficient insurance and name the City as an additional insured. The lease cannot be assigned without the written consent from the city. Under the lease,Archival Holdings, Inc will be solely responsible for all repairs, maintance and utility costs. Upon termination of the lease, the building and any improvements will become City property. The lease also provides that Archival Holdings, Inc. shall create a parking garage fund to help fund the construction of a parking garage on the leased site. It is anticipated that the fund will contain $15 million dollars by the end of the first 20 years of the lease. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Economic and Community Development Department will be responsible for collection of funds due to the City. TO Fund/Account/Centers FROM Fund/Account/Centers http://www.cfwnet.org/council_packet/Reports/mc_print.asp41/7/2006 Page 2 of 2 GG01 481306 0171000 10,00 Su-br-n-itted for City AAanaaer's Office bv: Dale Fisseler (6140) Ori ing atin9_©epartment Head: Tom Higgins (6192) Additional Information Contact: Cynthia Garcia (7611) http://www.cfi%,net.org/council_packet/Reports/mc_print.asp 4/7/2006