HomeMy WebLinkAboutContract 50635 CITY SECRETARY
% FORT WORTH AVIATION DEPARTMENTCONTRACT NO. �.
ADMINISTRATION BUILDING OFFICE LEASE
RQ �oQQ P�� ANNUAL AGREEMENT
FORT WORTH MEACHAM INTERNATIONAL AIRPORT
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 Alliant Techsystems Operations LLC a wholly owned
subsidiary of ORBITAL ATK, INC. ("Lessee"), acting by and through Jeffrey K. Windland,
its duly authorized Assistant Treasurer.
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: 1,488 square feet
of office space identified as Suite 110, 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 commence 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 Adiustments.
Lessee shall commence the payment of rent, in accordance with this Section 3, on
the Effective Date of this Lease. From the Effective Date until the following year,
on the first day after the Effective Date, Lessee shall pay Lessor rent based on a
rental rate of$16.00 per square foot which will be payable in monthly
installments of$1,984.00, for an annual rental rate of$23,808.00. On October 1,
2018, and on October 1 st 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 Sched ileo Rates and r arges in effect
at the respective time. In no event shall Lesse ' Wonthly mal rate exceed the
CITY 890FWARY
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then-current rates prescribed by Lessor's published Schedule 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 (0) 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 17. Rent
shall be considered past due if Lessor has not received full payment on or before
the 10th 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 due.
4. UTILITIES.
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 fully 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, excluding custom fixtures not part of the
approved basic finish-out, on a timely basis as required by the ordinary use of the
Premises under the terms of this Lease and which 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 upon a
minimum of twenty four (24) hours advance notice and in accordance with
Lessee's regulated visitor and security restrictions. 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 or additional time
as agreed by the parties. If Lessee fails to undertake the maintenance or
repairs recommended within this time, Lessor may, in its discretion, perform the
necessary maintenance or repairs on behalf of Lessee. In this event, Lessee will
reimburse Lessor for the cost of the 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 by 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
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in the brick, plaster or cement work. Lessee will not pile or store boxes, cartons,
barrels or other similar items in a manner 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.
5.3. Inspection.
Lessor, through its officers, agents, servants or employees, reserves the right to
enter the Premises upon a minimum of twenty-four (24) hours advance notice and
in accordance with the sub lessee's Government regulated visitor restrictions, 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 under 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 extinguishers of a number and type approved by Fire
Underwriters for the particular hazard involved. Lessor shall provide Lessee with
advance notice of inspection when reasonable under the circumstances.
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 Premises in its present condition as
satisfactory for all purposes set forth in this Lease.
7. CONSTRUCTION AND IMPROVEMENTS.
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 improvements to the
Premises shall comply fully with the Americans with Disabilities Act of 1990, as
amended.
8. PARKING.
Lessee shall have the right to use the designated public parking areas to the extent
available and in accordance with policies established by the Director of Airport Systems
or authorized representative, for the parking of company vehicles and the vehicles of its
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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 of general office and
training space, as 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 without 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 will 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. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
11.1. All fixtures and items permanently 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 any building
or other structure which, in the opinion of Lessor, would limit the usefulness of
the Airport, constitute a hazard to aircraft or diminish the capability of existing or
future 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
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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 funds for the development, maintenance or repair of
Airport infrastructure.
11.5. During any war or national emergency, Lessor 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 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 any rights it
may have for reimbursement from the United States Government.
11.6. 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 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 Premises. Lessee shall
obtain the following insurance coverage at the limits specified herein:
• 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.
12.2. Adjustments to Required Coverage 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.
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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, or as soon as practical before the expiration
of any insurance policy required hereunder, it shall provide Lessor with a new or
renewal 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 Requirements.
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 CONTRACTOR.
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 respondeat 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. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND,
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 OF THE AIRPORT UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF
THE PREMISES, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR..
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
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FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO LESSEE'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 OF THE AIRPORT UNDER THIS LEASE OR WITH
THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY
AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF
OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, 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 LESSOR..
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR ITS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE PREMISES OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAYBE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, 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 LESSOR..
15. WAIVER OF CHARITABLE IMMUNITY OR EXEMPTION.
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.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have the
right to terminate this Lease as follows:
16.1. Failure by Lessee to Pay Rent,Fees or Other Charges.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten(10)
calendar days. If Lessee fails to pay the balance outstanding within such time,
Lessor shall have the right to terminate this Lease immediately.
16.2. Breach or Default by Lessee.
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If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver written notice to Lessee specifying the nature of such breach or
default. Lessee 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 Lessee fails to cure the breach or default within such time period, Lessor
shall have the right to terminate this Lease immediately, unless such breach or
default is not susceptible to cure within thirty (30) calendar days, in which event
Lessee shall have such additional time to effect a cure as determined by Lessor.
16.3. Abandonment or Non-Use of the Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds for immediate termination of
this Lease by Lessor,unless such non-use is caused by Force Majeure, as set forth in
Section 27 below.
16.4. Lessee's Financial Obligations to Lessor upon Termination,Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 16.1, 16.2 or 16.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the
remainder of the term 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 Lessor be construed as an election by Lessor to forfeit any of its rights
under this Lease.
16.5. Rights of Lessor Upon Termination or Expiration.
Upon termination or expiration of this Lease, all rights,powers and privileges granted to Lessee
hereunder shall cease and Lessee shall vacate the Premises. Within twenty (20) days
following the effective date of termination or expiration, Lessee shall remove from the
Premises all trade fixtures, tools, machinery, equipment, materials and supplies placed on
the Premises by Lessee pursuant to this Lease. After such time, Lessor shall have the right
to take full possession of the Premises, by force if necessary, and to remove any and all
parties and property remaining on any part of the Premises.
17. NOTICES.
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) delivered by the United States Mail, postage prepaid,
addressed as follows:
To LESSOR: TO LESSEE:
City of Fort Worth Orbital ATK, Inc
Aviation Department 45101 Warp Drive
201 American Concourse, Suite 330 Dulles, VA 20166
Fort Worth, Texas 76106-2749 Attn: Treasurer
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Copy to:
Orbital ATK, Inc
45101 Warp Drive
Dulles, VA 20166
Attn: General Counsel
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 without the advance written consent of Lessor. Any
such transaction attempted by Lessee without prior written consent by Lessor shall be null
and void. If Lessor 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 LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract
which 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.
19.1 Compliance with Minimum Standards and Schedule of Rates and Charges:
Lessee hereby agrees to comply at all times with the City's Minimum Standards,
as may be adopted by the City Council from time to time. Lessee shall be bound
by any charges adopted in the City's Schedule of Rates and Charges, as may be
adopted by the City Council from time to time.
20. TAXES AND ASSESSMENTS.
Lessee agrees to pay any 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 Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
21. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
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, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
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the Premises and Lessee immediately shall remove from the Premises any person
engaging in such unlawful activities. Unlawful 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 laws, ordinances, rules and regulations
exist or may hereafter be amended or adopted. 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.
In the event that laws or ordinances are amended in a manner that prevents Lessee from
using the Premises for the purpose of construction office space, Lessee shall have the
right to terminate the Lease, provided that Lessee must provide the City with written
notice of its intent to terminate not less than thirty (30) days prior to the effective date of
such termination
22. NON-DISCRIMINATION 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 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
Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to
indemnify Lessor and hold Lessor harmless.
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.
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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 WAIVER.
The failure of either party to insist upon the performance 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 lie in
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 own
attorneys' fees.
28. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
29. FORCE MAJEURE.
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, wars,
riots, material or labor restrictions by any governmental authority, transportation
problems and/or any other cause beyond the reasonable control of the parties.
30. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
31. CHAPTER 2270 OF THE TEXAS GOVERNMENT CODE.
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Lessee acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Lease, Lessee certifies that
Lessee's signature provides written verification to the City that Lessee: (1) does not
boycott Israel;and(2) will not boycott Israel during the term of the Lease.
32. ENTIRETY 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 in writing by both parties and approved by the
City Council of Lessor.
33. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants 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. Each party is fully entitled to rely on these warranties and representations in
entering into this Agreement or any amendment hereto.
[Signature Pages to Follow]
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Orbital ATK Integrated Systems.—Suite 110 Page 12 of 15
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
on this the day ofXab4i"y, 2018.
Nv"k
CITY OF FORT/WORTH:
By: _c%w� � f3-4/
Fernando Costa
Assistant City Manager
Date:_ /4118
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 rqY a rD AND SEAL OF OFFICE this fQ�l�„ day
_ la,pra ,2018.
7NotorY
NYA L JOHNSON
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APPROVED AS TO FORM ATTEST:
AND LEGALITY:
FOPF
By: y
B �� B F Paige Me ne ary J. r �
Assistant City Attorney City Secretary U
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(�T'd� #
M&C: �-�8 �XAS
M&C Approval Date: /a7 f
Form 1295: Rol8—a 16 v
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Port Worth Meacham Intemational Airport Administration Building Office Lease Agreement
Orbital ATK Integrated Systems.—Suite 110 Page 13 of 14
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.
'I e�'_ 12�_c
Anne-Marie Stowe
za��' v �I u�
Title
LESSEE: ATTEST:
ALLIANT TECHSYSTEMS OPE TIONS LLC
By: By:
J K. ' dland,
Assistant Treasurer
Date: 2-1 ,-`c3(74-0 L 2�
COMMONWEALTH OF VIRGINIA §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the Commonwealth of
Virginia, on this day personally appeared JEFFREY WINDLAND, 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 ORBITAL ATK, INC and that he executed the same as the act of ORBITAL ATK,
INC for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z- day of
52018.
JULIE ANNE WINSHIP
Notary Public �V
Commonwealth of Virginia N t Pu lic in and for the Commonwealth of
Registration#162153
Commission Expires Sept 30,2021 V rgini
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Orbital ATK Integrated Systems.—Suite 110 Page 14 of 15
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JOB NO: 09053-00
DATE: 3 FEB 2017
SHEET: LL-2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/27/2018
DATE: Tuesday, March 27, 2018 REFERENCE NO.: **C-28645
LOG NAME: 55FTW ATKADMINBLDG110
SUBJECT:
Authorize Execution of an Administration Building Office Lease Agreement with Orbital ATK Integrated
Systems for Suite 110 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 Orbital ATK Integrated Systems for Suite 110 at Fort Worth Meacham International
Airport.
DISCUSSION:
Orbital ATK Integrated Systems (ATK) has agreed to execute a new one-year Lease Agreement for Suite
110, consisting of 1,488 square feet of lower level floor office space at a rate of$16.00 per square foot at
the Meacham Administration Building. Total revenue received from this lease will be in the amount of
$23,808.00 per year or$1,984.00 per month. On October 1, 2018, 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.
Suite 110 is a finished-out space, any changes and associated costs, required for ATK to occupy this
space, will be the responsibility of ATK. ATK 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 Aviation Director or authorized representative.
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 ATKADMINBLDGI 10 Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # Amoun
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 A Suite 110 Admin Bldg.pdf (Public)
2. Form 1295 Orbital ATK.pdf (Public)
3. Map Admin Bldg ATK 110.pdf (Public)
Logname: 55FTW ATKADMINBLDGI 10 Page 2 of 2
�_—M(o 4;
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofi
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 the business entity's place Certificate Number:
of business. 2018-315402
Orbital ATK
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/19/2018
being filed.
Meacham Airport Administration Date Ackno/wledged:
<"5'( 29
//
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Meacham Airport Admin Building
Office Space/Suite 110
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. El
6 UNSWORN DECLARATION ii��
My name is M i K r.- Or. and my date of birth is 2ty Ec j cy q
My address is 3&(` W -42" STym-r W 0147.4 i X l w 0-- U S A
(street) (city) (state) (zip code) (country)
I declare under penally of perjury that the foregoing is true and correct. pp
Execute County, State of e& S on the 10\ day of�4�20�_.
ra �f+=Notary Public,State of Texas (month) (year)
Comm.Expires 03-29-2020
of��'� Notary ID 12458354-8
nnn,�•
ki-nature of authorized agent of contracting business entity
(Dedarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523