HomeMy WebLinkAboutContract 49048 CITY SF-CETAW
6 78 9 CONTRACT NO. �N o f
RECEIVED FORT WORTH AVIATION DEPARTMENT
ADMINISTRATION BUILDING OFFICE LEASE
MAY-9 2017 a i ANNUAL AGREEMENT
`c,4 117Y0p f0 FORT WORTH MEACHAM INTERNATIONAL AIRPORT
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&? L 9 9 �' is 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 IMPERIAL CONSTRUCTION, INC. ("Lessee"), a
Texas Corporation acting by and through HOLGER KELLEY, its duly authorized
EXECUTIVE VICE PRESIDENT.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor demises and leases to Lessee the following real property (hereinafter referred to as
"Premises") in the Administration Building ("Admin Building") at Fort Worth Meacham
International Airport ("Airport") in Fort Worth, Tarrant County, Texas: 1,020 square feet
of office space identified as Suite L11, Lower Level, depicted on Exhibit "A", attached
hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
2.1 Initial Term
The Initial Term of this Lease shall commence on the date Lessee is issued a
Certificate of Occupancy from the City of Fort Worth("Effective Date") and expire
on the date that is three (3) years following 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.
2.2 Renewal Term
n p If Lessee performs and abides by all provisions and conditions of this Lease, upon
�i,t expiration of the Initial Term of this Lease, Lessee shall have two consecutive
N options to renew this Lease, each option for an additional successive terms of two
ornr years each (each a "Renewal Term") at a rental rate calculated in accordance with
_ m Section 3.1 of this Lease and on terms and conditions that may be prescribed by
Lessor at the time. Lessee shall notify Lessor in writing of its intent to exercise a
respective option not less than ninety (90) nor more than one hundred eighty (180)
days prior to the expiration of the term then in effect. If Lessee does not exercise its
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Imperial Construction,Inc.—Suite LI 1 Page 1 of 14
option for a first Renewal Term within the time frame provided herein, Lessee shall
automatically and simultaneously forfeit its second option to lease the Premises for a
second Renewal Term, and Lessee shall no longer have any rights or interest in the
Premises following the expiration of the Initial Term.
3. RENT.
3.1. Rates and Adjustments.
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$14.00 per square foot which will be payable in monthly
installments of$1,190.00, for an annual rental rate of$14,280.00. 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 Schedule of Rates and Charges in effect
at the respective time. In no event shall Lessee's monthly rental rate exceed the
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 (1St) day of
each month. Payments must be received during normal working hours by the due
date at the location for Lessor's Revenue Office as set forth in Section 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,
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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.
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
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 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.
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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
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 construction company
office 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.
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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
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
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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. Adiustments 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.
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,
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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 HEREBYASSUMES ALL LIABILITYAND 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 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
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 CA USED 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 WHICHARISES 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 MAY BE
STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY
INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANYAND 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.
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If Lessee, as a charitable association, corporation, partnership, individual enterprise or
entity, claims immunity to or an exemption from liability for any kind of property damage
or personal damage, injury or death, Lessee hereby expressly waives its rights to plead
defensively any such immunity or exemption as against Lessor.
16. TERMINATION.
Upon termination of this Lease, all rights, powers and privileges granted to Lessee
hereunder shall cease and Lessee shall immediately vacate the Premises. Lessee agrees
that it will return the Premises and all appurtenances and improvements thereon in good
order and repair and in the same condition as existed at the time this Lease was entered
into, subject to ordinary wear and tear. Lessor shall have the immediate right to take full
possession of the Premises and to remove any and all parties remaining on any part of the
Premises without further legal process and without being liable for trespass or any other
claim. Lessor shall also have the right to remove any and all fixtures or equipment that
may be found within or upon the Premises without being liable therefor. Lessee agrees
that it will assert no claim of any kind against Lessor, its agents, servants, employees or
representatives which may stem from Lessor's termination of the Lease or any act
incident to Lessor's assertion of its right to terminate.
17. 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:
To LESSOR: TO LESSEE:
City of Fort Worth Holger Kelley
Aviation Department Executive Vice President
201 American Concourse, Suite 330 400 I-20 West
Fort Worth, Texas 76106-2749 Weatherford, Texas 76086
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
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creation or filing. Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessor may terminate this Lease immediately.
However, Lessee's financial obligation to Lessor to liquidate and discharge such lien shall
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
20. TAXES 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
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.
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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.
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 Lessor 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.
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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. 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.
32. 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]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples
on this theCi'.!'/,—day of j��� �,2017.
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
Date: S-$/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 Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?>4� day
2017.
TRIKINYA L JOHNSON
s_Notary Public,State of Texas No ary Pu Iic in Err the State of Texas
SO, '� Comm. Expires 04-17-2018
Notary ID 1238832-0
APPROVED AS TO FORM ATTEST:
AND L GALITY:
By: ` By:
Paige Mebane QF„FQ� ary J; ays r
Assistant City Attorney City Secretary
V .Q
M&C: C-28206
M&D Approval Date: May 2,2017
AS
Form 1295: 2017-167640
OFFICIAL.LF
CITY S�CR�TARY
FT.WORTH,TX
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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.
Anne-Marie Stowe
Title
LESSEE: ATTEST:
IMPERIAL CONSTRUCTION, INC.
�'.) 4 /
By: 1,61v By:
Holger K ley,
Executi e Vi 'President
Date:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Holger Kelley, 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
IMPERIAL CONSTRUCTION, INC. and that he executed the same as the act of IMPERIAL
CONSTRUCTION, INC. for the purposes and consideration therein expressed and in the capacity
therein stated.
o�
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2017.
ir,,•;a"'A� HOLLY DONALDSON
B _ Notary Public, state of Texas Notary Public In and for the State of Texas' My commission Expires
March 23, 2019
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Imperial Construction,Inc.—Suite LI I Page 13 of 14
Fort Worth Meacham International Airport Administration Building Office Lease Agreement
Imperial Construction,Inc.—Suite LI I Page 14 of 14
EXHIBIT A
0 0
• m • a • • • •
AVAIL
SUITEAVAIL.
® L20 FITNES SUITE
)t9 WF / /
j END'G� L32sF
i. rn
II II II
it 11 1I
II Il 11
� II II II
MAIL. ® 11'1111
SUITE II II II
II II II
L4uSF 11 II II
II II II
r AVAIL. 11 II II
_ IhII II
SUITE AVAIL. 1111 II
y'fY L11 / SUITE L40 11 II II
-UHF / IM USF
0 O
a
1 LOWER LEVEL
SCAL E:1/32"=1'—0"
m mTENANT SPACE
Hahnfeld architects 200 Bailey Ave., Suite 200
N Hoffer planners Fort Worth, Texas 76107
N817.921.5928
0 MEACHAM OFFICE BUILDIN
FORT WORTH, TX Stanford interiors fax 817.302.0692
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/2/20171
DATE: Tuesday, May 2, 2017 REFERENCE NO.: **C-28206
LOG NAME: 55FTW IMPERIAL ADMIN BLDG
SUBJECT:
Authorize Execution of an Administration Building Office Lease Agreement with Imperial Construction, Inc.,
for Suite L11 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 Imperial Construction, Inc., for Suite L11 at Fort Worth Meacham International Airport.
DISCUSSION:
Staff has received a request from Imperial Construction, Inc., (Imperial) to lease approximately 1,020
square feet of lower level office space at the Meacham Administration Building located at Fort Worth
Meacham International Airport.
Imperial has agreed to execute a new three-year Lease Agreement for Suite L11, consisting of
approximately 1,020 square feet of lower level office space at a rate of$14.00 per square foot. The Lease
will include two two-year options to renew for a total of an additional 4 years, bringing the total Lease term
to seven years. Total revenue received from the Lease will be in the amount of$14,280.00 per year,
payable in monthly payments of$1,190.00 per month. On October 1, 2017, and on October 1st of each
year thereafter during both the initial term and any renewal term, Imperial's rental rate will be adjusted to
comply with the rates prescribed for the premises by the City's Schedule of Rates and Charges in effect at
the respective time.
Imperial has elected to coordinate and pay all expenses associated with the construction finish-out of
Suite L11. -Imperial 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 IMPERIAL ADMIN BLDG Page I 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 # moun
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 Admin Bldg L11 Imperial.pdf (Public)
2. Form 1295 Imperial.pdf (Public)
3. Map Imperial.pdf (Public)
Logname: 55FTW IMPERIAL ADMIN BLDG Page 2 of 2
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. 2017-167640
Imperial Construction, Inc.
WEATHERFORD,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 02/16/2017
being tiled.
City of Fort Worth Aviation Department Date Ac nowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Meacham Airport Admin Bldg.
New Office Lease Agreement/1-11
I 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 Parry.
X
6 AFFIDAVIT I swear,or affirm,underenal
p ty of p erju ry, at the above disclosure is true and correct.
Vf HOLLY DONALDSON
Notary Public,State of Texas
i fa€ My Commission Expires
.;;, ;o•'�
March 2$, 2019 Signature of auth ed ago6of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said U t` '' this the day
20 7 to certify which,witness my hand and sea!of office.
.1..�(�"�--...� �.. �1 �c Lys"\���C_�J l^�Al. �M�'.�"�An-(_.-� -1 ,•.1.,,,57 "'�- .�"'��
Signature officer administering oath Printed name df officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277