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FORT WORTH MEACHAM INTERNATIONAL AIRPORT
TERMINAL BUILDING OFFICE LEASE AGREEMENT
(TER1V�
This TERMINAL BUILDING OFFICE LEASE AGREEMENT ("Lease") is made and
entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal
corporation situated in Tarrant County, Texas acting by and through Marc Ott, its duly authorized
Assistant City Manager, and ALLIANT TECHSYSTEMS INC. ("Lessee"), a Delaware
corporation acting by and through Keith D. Ross, its duly authorized Seniar Vice President General
Counsel and Secretary.
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 Terminal Building ("Terminal") at Fort Worth Meacham International Airport
("Airport") in Fort Worth, Tarrant County, Texas:
1.1. 4,523 square feet of tiled first floor office space identified as Suite 120, formerly
known as Common Area, and 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") and expire at 11:59 P.M. on September 30, 2007. Unless terminated in accordance with the
provisions of this Lease, this Lease automatically shall renew for ten (10) successive one year
periods, commencing at 12:00 A.M. on October lst of each year and expiring at 11:59 P.M. the
following September 30�h; 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. The renewal will be automatic, so long as Lessee is
in material compliance with this Agreement on said dates, and Lessor has not delivered to Lessee
a notice of default under this Lease that remains uncured on or before such dates or which cannot
and is not cured by Lessee within a reasonable time after such dates and unless the Lessee elects
not to renew by giving Lessor at least thirty (30) days written notice prior to the expiration of the
Initial Term.
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Terminal Building Oftice Lease (One-Year Term)
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3.1. Rent Durin� Initial Term.
Lessee shall commence the payment of rent, in accordance with this Section 3, on the date
that the first certificate of occupancy is issued and after the completed construction of the
space, ("Occupancy Date"). From the Occupancy Date until September 30, 2007, Lessee
shall pay Lessor as annual rent for the Premises the sum of Sixty Five Thousand Eight
Hundred Fifty Four and 88/100 Dollars ($65,854.88), payable in equal monthly installments
of Five Thousand Four Hundred Eighty Seven and 90/100 Dollars ($5,487.90). The rental
rates under this Lease are based on Lessor's published Schedule of Rates and Charges m
effect as of the Effective Date of this Lease. Prior to the Effective Date of this Lease,
Lessee shall pay one (1) month's rent in advance. In the event that this Lease commences on
a day other than the first (lst) day of any given month, the first month's rental payment shall
be prorated in accordance with the number of days remaining in that month.
Lessee shall complete the construction of the space, as provided by Exhibit "B" attached
hereto and hereby made a part of this Lease for all purposes, no later than ninety (90) days
from the Effective Date. Failure to complete said construction within this time shall
automatically terminate the Lease.
3.2. Rent Durin� Renewal Terms.
Rental rates for each Renewal Term shall comply with the rates prescribed for the
Premises by Lessor's published Schedule of Rates and Charges in effect at the same time.
3.3. Pavment Dates and Late Fees.
All monthly rent payments under this Lease are due on or before the first (lst) 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 after the (lOth) day of the month for which
payment is due. Lessor will assess a late penalty charge of ten percent (10°/o) per month on
top of the entire month's rent for each month in which rent is past due.
DEPOSIT.
Upon execution of this Lease, Lessee will remit to Lessor a maintenance/damage deposit
("Deposit") equivalent to one month's rent. Thereafter, Lessee shall, at a minimum, maintain its
Deposit in an amount that is equivalent to its current monthly rental amount for the Premises.
However, Lessor may increase the amount of the Deposit to a reasonable sum in excess of one
month's rent. Lessee's failure to maintain its Deposit as required shall constitute a breach of this
Lease.
Lessee's Deposit shall be in the form of a cash payment.
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Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
Lessee will not be entitled to any
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interest on this Deposit. Unless Lessor terminates this Lease for any breach, default or failure by
Lessee, Lessor will refund any unused portion of this Deposit within thirty (30) days following the
date that Lessee vacates the Premises. Lessee acknowledges that if Lessor tern�inates this Lease for
any breach, default or failure by Lessee, Lessee shall forfeit the entire balance of its Deposit.
5. UTILITIES.
Lessor agrees and covenants that it will pay for all utilities in use on the Premises, with the
exception of telephone utilities. For all leased space in the basement of the Ternlinal, Lessee
acknowledges that Lessor will not provide or pay for any air conditioning or heating services.
Before installing any type of air conditioning or heating devices in the basement of the Terminal,
Lessee shall obtain written permission from the Director of Airport Systems or authorized
representative and shall, at Lessee's own expense, provide a ventilation system acceptable to Lessor.
Lessee agrees that all heating equipment and other 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.
6. MAINTENANCE AND REPAIRS.
6.1. Maintenance and Repairs bv Lessor.
Lessor shall provide janitorial services to the Premises unless located in the
basement of the Terminal. 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 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. 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 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.
6.2. 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 in the brick, plaster
ar cement worlc. 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
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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 Terminal, 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.
6.3. 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 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 ar 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.
7. ACCEPTANCE OF PRENIISES.
7.1. Asbestos Abatement Activities.
Lessee acktzowledges tlze existetzce of asbestos-co�itaining frzaterial o�a tlze
Preffzises. After investigation by Lessor, Lessor represents that, to the best of its knowledge,
asbestos-containing materials exist on the Premises to the extent identified in Lessar's Level II
Asbestos Assessment Report dated October 12, 1992, a public document on file in Lessor's City
Secretary's Office and incorporated herein by reference for all purposes. Lessee covenants and
agrees to comply with all federal, state and local laws and regulations, now in existence or
promulgated in the future, which pertain to asbestos-containing materials. Lessee covenants and
agrees to cooperate fully with any asbestos abatement activity plan or asbestos operations and
maintenance plan set forth by Lessor. Lessee further covenants and agrees to notify and obtain
written approval from Lessor prior to Lessee's undertaking of any repairs, renovations, alterations ar
improvements to the Premises or of any other activity which might disturb asbestos-containing
materials. Lessee agrees that it shall be solely responsible for all expenses of such activities.
Lessor retains the right to perform or cause to be performed air sampling on the Premises to checic
for the presence of airborne asbestos fibers. Lessee agrees to allow Lessor full access to the
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
Premises to perform such tests. Lessor will make the results of any such tests available to Lessee at
Lessee's request
7.2. Lessee's 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.
8. 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 Director of Airport Systems 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.
9. PARHING.
Lessee shall have the right to use the designated public parking areas and, to the extent
available and in accordance with policies established by the Director of Airport Systems ar
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.
10. USE OF PREMISES.
Lessee agrees to use the Premises exclusively for aviation or aviation-related commercial
activities. It is specifically agreed and stipulated that the following concessions are prohibited
under this Lease, unless specifically approved by the Director of Airport Systems or authorized
representative: (i) ground transportation for hire; (ii) motor vehicle rental, including taxi and
limousine service; (iii) food sales; (iv) barber and valet services; (v) alcoholic beverage sales; and
(vi) aviation-related sales of pilot supplies.
11. SIGNS.
Lessee may, at its own expense and with the priar written approval of the Director of
Airport Systems or authorized representative, create, install and maintain signs in the Terminal
indicating Lessee's business. Such signs, however, must be in keeping with the size, color, location
and manner of display of other signs throughout the Terminal. In addition, Lessee ��;--a�t-���n =
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Terminal Building Office Lease (One-Year Term)
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expense, make, install and maintain a sign outside the Terminal on Lessor's property subject to prior
written approval by the Director of Airport Systems or authorized representative as to the sign's
placement, appearance, construction, and conformity with applicable City Code restrictions.
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 sign at its
own expense immediately upon receipt of instructions for such removal from the Director of
Airport Systems or authorized representative.
12. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
121. 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.
12.2. 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 Lessar, 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.
12.3. 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.
12.4. This Lease shall be subordinate to the provisions of any existing or future agreement
between Lessar 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.
12.5. 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 far 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.
12.6. Lessor covenants and agrees that during the term of this Lease it will o er� ate and
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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.
INSURANCE.
13.1. 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:
$1,000,000.00 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.
13.2. Adiustments to Required Covera�e and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessar's option, and Lessee
will accardingly comply with such new requirements within thirty (30) days following
notice to Lessee.
13.3. Certi�cates.
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. 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 renewal certificate of insurance. In
addition, Lessee shall, on demand, provide Lessor with evidence that it has maintained such
coverage in full farce and effect.
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Terminal Building Of�ce Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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13.4. 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, non-
renewal or amendment, shall be made without thirty (30) days' prior written notice to
Lessor.
14. 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.
15. 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 CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCOND UCT OF LESSOR.
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERYANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO LESSEE'S BUSINESS AND ANY RESULTING 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 MISCOND UCT OF LESSOR.
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Termi�al Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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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
MISCOND UCT 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 MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS,
SERYANTS 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.
16. WAIVER OF CHARITABLE IMMUlVITY 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.
17. TERMINATION.
In addition to any termination rights provided herein, this Lease may be terminated as
follows:
17.1. Bv Either Party.
Lessor ar Lessee may terminate this Lease without cause, to be effective on the
expiration date of the term in effect at the time, by providing the other party with written
notice not less than thirty (30) days prior to the effective date of such termination.
17.2. Airport Development.
In the event that Lessor requires the Premises (i) as part of its plans to further
develop the Airport or (ii) for the convenience of the public's use of the Airport, as
determined by Lessor, Lessor may terminate this Lease by providing Lessee with written
notice not less than one hundred eighty (180) days prior to the effective date of such
termination.
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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17.3. Failure to Pav Rent.
If Lessee fails to pay rent for the Premises in accordance with Section 3, Lessor shall
provide Lessee with a written statement of the amount due. Lessee shall have ten (10)
calendar days following notice to pay the balance outstanding. If Lessee fails to pay the full
amount within such time, Lessor shall have the right to terminate this Lease immediately.
17.4. Breach or Default bv Lessee.
If Lessee commits any breach or default under this Lease, other than a failure to pay
rent, Lessor shall deliver to Lessee a written notice specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following notice to cure, adjust or
correct the problem to the satisfaction of Lessor. If Lessee fails to cure the breach, default
or failure within the time period prescribed, Lessor shall have the right to terminate this
Lease immediately.
17.5. Ri�hts 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 immediately vacate the Premises.
I,essee 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 into, subject to ordinary wear and tear. Lessor shall have the immediate right
to take full possession of the Premises, by force if necessary, 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.
18. 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) deposited in the United States Mail, postage prepaid, addressed as follows:
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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To LESSOR:
For Rent:
CITY OF FORT WORTH
AVIATION DEPARTMENT
4201 N MAIN ST STE 200
FORT WORTH TX 76106-2736
To LESSEE:
ALLIANT TECHSYSTEMS INC.
ATTN STEPHEN MYERS
236 CITATION DR.
FORT WORTH TX 76106
19. ASSIGNMENT AND SUBLETTING.
For All Other Matters:
DEPT OF AVIATION
MEACHAM INTL AIl2PORT
4201 N MAIN ST STE 200
FORT WORTH TX 76106-2736
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.
20. 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 fmancial 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.
21. 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.
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Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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22. 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 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
Deparhnents; all rules and regulations established by the Federal Aviation Administration and the
Director of Airport Systems; 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 (collectively "Laws"). Lessee hereby
assumes full responsibility for the violation of any Law by Lessee, its officers, agents, employees,
contractors, subcontractors, licensees or invitees and shall pay or fully indemnify the City for any
fines or other lawful penalties assessed for any such violation. 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.
23. 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
race, color, national origin, religion, handicap, sex, sexual orientation or familial status. 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 race, color, national origin, religion,
handicap, sex, sexual orientation or familial status.
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.
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
17
24. 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.
25. 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.
26. NO WAIVER.
The failure of Lessar 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.
27. VENiTE.
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 Counry, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division. This Lease shall be construed in accardance with the laws of the State of Texas.
28. ATTORNEYS' FEES.
In any action brought by Lessor for the enforcement of the obligations of Lessee, Lessor
shall be entitled to recover interest and reasonable attorneys' fees.
29. 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.
30. FORCE MAJEUI2E.
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 an� govern_mental_ _
, �, l .
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Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
1�
authority, transportation problems and/or any other cause beyond the reasonable control of the
parties.
31. 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.
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 Ciry Council of Lessor.
(Signature pages to follow)
Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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IN W��NESS ERE F, the parties heretor have executed this Agreement in multiples on this
the �_ day of , 200�.
CITY OF FORT ORTH:
,
By: - , _ �
Mar --Ott
Assistant City Manager
Date: �� � � � U' �7
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 Marc Ott, 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.
;:� � ; �`l
GNEN UNDER MY HAND AND SEAL OF OFFICE this ;;,t day
�/) � , 200 '` .
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APPROVED AS TO FORM
AND LEGALITY� -
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Benita Falls H rper
Assistant City Attorney
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Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
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Notary Public in and for the State of Texas
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ATTEST:
By: '�
Marty Hendrix
City Secretary
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ALLIANT TECHSYSTEMS INC:
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Date: � I � � �� ) .��-%(.% /
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ATTEST:
By: �
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STATE OF ' u�G�� � §
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BEFORE ME, the undersigned authori , a Notary Public in and for the State of
�!1� , on this day personally appeared �t rs, 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 Alliant Techsystems Ine. and that s/he executed the same as the act of Alliant Techsystems
Inc. for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
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Notary Public in and for the State of -
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Meacham International Airport
Terminal Building Office Lease (One-Year Term)
Alliant Techsystems Inc. Suite 120
f Lois I�efle Hen)um
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City of Fort Worth, Texas
Mayor and Council Communication
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_��� �.�_�e s� _�u �..._. __�.. ._�__�___ w._� .�_ ___ _�._��___�.� ___ �_.. .�. � �:_�.._� �_� _ �� r__ .. �: .
COUNCIL ACTION: Approved on 5/8/2007
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DATE: Tuesday, May 08, 2007
LOG NAME: 55ATK OFFICES
REFERENCE NO.: **C-22106
SUBJECT:
Authorize Execution of a Terminal Building Office Lease Agreement with Alliant Techsystems, Inc.,
at Fort Worth Meacham International Airport
.,._ - -� - -
C..�.:3.L � . .� . . .� _ �.�_�_....�-..���_.._..�� �....�_. �.__"..._.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a terminal building office
lease agreement with Alliant Techsystems, Inc., at Fort Worth Meacham International Airport.
DISCUSSION:
Stephen Myers, Vice President and General Manager of Alliant Techsystems, Inc., (ATK), proposes to
relocate a portion of ATK offices from Hangars 5N-10N to the terminal building at Meacham International
Airport due to the need for additional office space. The lease will consist of approximately 4,523 square feet
of first floor office space located within the terminal building known as Suite 120, formerly known as
common area. Actual square footage will be calculated after completion of improvements. The rate for the
space will be calculated at a rate of $14.56 per square foot. This is in accordance with the Aviation
DepartmenYs Schedule of Rates and Charges.
ATK proposes to complete all construction necessary to transform the large common area into office,
conference and storage space. Staff agrees to allow monthly rent credits to be issued for 80 percent of the
construction costs, not to exceed 50 percent of the monthly rent amount due. ATK agrees to provide
original, detailed invoices and or receipts after the work is completed.
Total revenue generated from this lease will be approximately $65,854.88 per year, or $5,487.90 per
month. Rental rates shall be subject to an increase on October 1st of any given year to reflect the upward
percentage change, if any, in the Consumer Price Index for the period since the last adjustment.
The effective date of the lease will not commence until mandatory construction is complete and a Certificate
of Occupancy is obtained. The term of the lease will provide for a one-year term. The primary term may be
renewed for 10 successive one-year periods. 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 Finance Director certifies that the Revenue Office of the Finance Department will be responsible for the
collection and deposit of funds due to the City under this agreement.
Logname: SSATK OFFICES
Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 491282 0551101 $65,854.88
�.-. _ _._...�_...:._ _ .�._:,�:z�x�_.u�,mT, ..._.�_—�-�:z.__-��... ,__.._.:_�_. w-- .�:._�_..,.�.��, . _.�.��>�.�.��� >�u_�___.,. .,�4. �...�..._-�a
Submitted for City Manager's Office bv:
Originatina Department Head:
Additional Information Contact:
Marc Ott (8476)
Angie Highland (5402)
Angie Highland (5402)
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Loename: SSATK OFFICES Pa�e 2 of 2