HomeMy WebLinkAboutContract 33275 CITY SECRETARY �-7�'
CONTRACT NO. N
LEASE BETWEEN THE CITY OF FORT WORTH, TEXAS,
AND ARCHIVAL HOLDINGS, INC
WHEREAS, the National Archives and Records Administration (NARA) is the repository of
our nations historically significant documents and records; and
WHEREAS; the Southwest Regional Facility of NARA is currently located at the Fort Worth
Federal Center, which is neither particularly visible nor easily accessible to the general public; and
WHEREAS; the NARA is interested in relocating from the Federal Center to a new, modern
facility containing public exhibit space and educational facilities, located in a high profile, more
easily accessible area in the City of Fort Worth; and
WHEREAS; after NARA has occupied its new facility, NARA intends to bring traveling
exhibits of historically significant documents and records from Washington, DC and other areas of
the country to Fort Worth for the benefit of the community and the surrounding area; and
WHEREAS; the City of Fort Worth is interested in retaining NARA as a part of the
community and facilitating its relocation to the Fort Worth Cultural District and therefore would like
to enter into a lease with Archival Holdings, Inc in order to facilitate retaining NARA in Fort Worth..
NOW THEREFORE, this Lease Agreement (the "Lease") is entered into on this the
day of T71E�& . ,.1 2006 between the City of Fort Worth, Texas, a home-rule municipal
corporation("Landlord") and the Archival Holdings, Inc.., a Texas non-profit corporation("Tenant").
ARTICLE 1. LEASE OF PREMISES
§ 1.01. Leased Premises In consideration of the mutual covenants and agreements of this Lease, and
other good and valuable consideration, Landlord demises and leases to Tenant, and Tenant leases
from Landlord, the premises situated in Fort Worth, Tarrant County, Texas, legally described on
Exhibit A attached to this Lease, and made a part of this Lease for all purposes (collectively referred
to as "the Premises" or"the Leased Premises" in this Lease).
ease r
wn and bed on Exhibit may be the Leased
' s.
ARTICLE 2. LEASE TERM
§ 2.01. Primary Term The term of the Lease ("Term") shall commence on the date of the
commencement of Tenant's on-site activities on the Leased Premises and shall continue for 99 years
from said date, unless terminated sooner as provided in the Lease. The Lease may be renewed for five
ten-year terms provided that Tenant requests the renewal in writing to Landlord on or before 60 days
prior to the expiration of the Term or any extension. Tenant shall notify Landlord in writing 30 days
prior to Tenant's commencement of on-site activities on the Leased Premises. It is specifically
understood and agreed that the Leased Premises shall be only used for a public facility for the
National Archives and Records Administration which shall include public exhibit and education
facilities for the Term and any extension in accordance with the permitted use described in Section
3.01 below.
§2.02 Termination. This lease will terminate without further notice when the Term specified in §
2.01 expires, and any holding over by Tenant after that Term expires, will not constitute a renewal of
the Lease or give Tenant any rights under the Lease in or to the Premises, except as a tenant at will.
§ 2.03. Holdover Tenancy. If Tenant holds over and continues in possession of the Premises after
the Term expires, Tenant will be considered to be occupying the Premises at will subject to all the
terms of this Lease.
ARTICLE 3. USE OF PREMISES
§ 3.01. Permitted Use of Premises. Tenant may use the Premises only for the purpose of developing,
constructing, and operating a public facility for the National Archives and Records Administration
(the "Facility") which shall include a public exhibit and education facilities and for purposes
ancillary to the operation of the Facility , and for no other purpose without the written consent of
Landlord.
§ 3.02. No Hazardous or Toxic Substances. Under no circumstances during the Term and
extensions of this Lease will Tenant use or cause to be used in the business operated on the Premises
any hazardous or toxic substances or materials, or store or dispose of any such substances or
materials on the Premises.
§ 3.03. Illegal Use Not Permitted. Tenant may not use all or any part of the Premises or any building
situated on them for any use or purpose that violates any valid and applicable law, regulation, or
ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth,
or other lawful authority with jurisdiction over the Premises:
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§ 3.04. Condition of Premises. Tenant agrees to accept the Leased Premises in their present
condition, finds them suitable for the purposes intended, and further agrees that it is thoroughly
familiar with such condition by reason of a personal inspection and does not rely on any
representations by Landlord as to the condition of the Premises or their suitability for the purposes
intended.
ARTICLE 4. RENT
§ 4.01. Rent. Tenant will pay Landlord $10.00 annually as rent during the Term.
ARTICLE 5. CONSTRUCTION BY TENANT
§ 5.01. General Conditions. Tenant may, at any time and from time to time during the Term, erect,
maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements
on the Premises, and correct and change the contour of the Premises, subject to the following:
a. Tenant bears the cost of any such work.
b. The Premises must at all times be kept free of mechanics' and materialman's liens.
c. Tenant must provide performance and payment bonds covering any such work, in form
acceptable to the City Attorney.
d. Landlord must be notified of the time for beginning and the nature of any such work, other
than routine maintenance of existing buildings or improvements, prior to the work being
performed..
e. The conditions of 5.04 concerning Landlord's approving plans must be followed.
§ 5.02. Easements, Dedications, Zoning, and Restrictions. Landlord will cooperate with Tenant
concerning easements, dedications, zoning, and restrictions of the Premises as follows:
a. Easements and Dedications. To provide for the more orderly development of the Premises, it
may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and
other easements and dedications and similar rights be granted or dedicated over or within portions
of the Premises. Landlord will, on Tenant's request,join with Tenant in executing and delivering
the documents, from time to time, and throughout the Term, as may be appropriate, necessary, or
required by any governmental agency, public utilities, and companies for the purpose of granting
the easements and dedications. Provided, however, any such dedication shall be subject to City
Council approval.
b. Zoning. If Tenant considers it necessary or appropriate to obtain use, zoning, or subdivision
and plan approval and permits for the Premises or any part of them, Landlord, subject to any
required approval by the City Council or other appropriate City board or commission, will
execute the documents, petitions, applications, and authorizations as are appropriate or required to
submit the Premises, or any part of them, for the purposes of obtaining conditional use permits,
zoning and rezoning, tentative and final tract approval, and plan approval. Landlord will execute
these documents from time to time as requested by Tenant.
c. Expenses. Tenant exclusively bears the cost and expense of any action required of Landlord
under subparagraphs a and b, above.
§ 5.03. Bey-inning Construction. Tenant shall begin construction after the date of this Lease but no
later than 36 months from the date of the Lease.
§ 5.04. Landlord's Approval of Plans. The following rules govern Landlord's approving
construction, additions, and alterations of buildings or other improvements on the Premises:
a. Written Approval Required. No building or other improvement may be constructed on the
Premises unless the plans, specifications, and proposed location of the building or other
improvement has received Landlord's written approval and the building or other improvement
complies with the approved plans, specifications, and proposed location. No material addition to
or alteration of any building or structure erected on the Premises may begin until plans and
specifications covering the exterior of the proposed addition or alteration have been first
submitted to and approved by Landlord.
b. Submission of Plans. Tenant must, at its own expense, engage a licensed architect or engineer
to prepare plans and specifications for constructing the Facility or for constructing any other
buildings or improvements or additions or alterations to any buildings or improvements that
require Landlord's approval under subparagraph a above. Tenant must submit two complete sets
of construction plans of detailed working drawings, plans, and specifications and any additional
copies of site plans as required by Landlord for constructing the Facility for Landlord's approval
within 30 months after this Lease is executed. If Tenant wishes to construct any other buildings or
improvements or make any additions or alterations to buildings or improvements for which
Landlord's approval is required under subparagraph a above, Tenant must submit two copies of
detailed working drawings, plans, and specifications for any such projects for Landlord's
approval before the project begins.
c. Landlord's Approval. Landlord will promptly review and approve all plans submitted under
subparagraph b above or note in writing any required changes or corrections that must be made to
the plans. Any required changes or corrections must be made, and the plans resubmitted promptly
to Landlord. Minor changes in work or materials not affecting the general character of the
building project may be made at any time without Landlord's approval, but a copy of the altered
plans and specifications must be furnished to Landlord.
d. Exception to Landlord's Approval. The following items do not require submission to, and
approval by, Landlord:
i. Minor repairs and alterations necessary to maintain existing structures and improvements in
a useful state of repair and operation.
ii. Changes and alterations required by an authorized public official with authority or
jurisdiction over the buildings or improvements, to comply with legal requirements.
e. Effect of Approval. Landlord's approval does not constitute approval of the architectural or
engineering design, and Landlord, by approving the plans and specifications, assumes no liability
4 _ .
or responsibility for the architectural or engineering design or for any defect in any building or
improvement constructed from the plans or specifications.
§ 5.05 Ownership of Buildings, Improvements, and Fixtures. Any buildings, improvements,
additions, alterations, and fixtures (except furniture and trade fixtures) constructed, placed, or
maintained on any part of the Leased Premises during the Term are considered part of the real
property of the Premises and must remain on the Premises and become Landlord's property when the
Lease terminates.
§ 5.06. Right to Remove Personal Property; Fixtures. Tenant may, at any time while it occupies
the Premises, or within a reasonable time thereafter, not to exceed ninety(90) days, remove personal
property, furniture, machinery, equipment, or other trade fixtures owned or placed by Tenant, its
subtenants or licensees, in, under, or on the Premises, or acquired by Tenant, whether before or
during the Term and any extension. Before the Lease terminates, Tenant must repair any damage to
any buildings or improvements on the Premises resulting from the removal. Any such items not
removed within a reasonable time after the Lease termination date, not to exceed ninety (90) days,
will become Landlord's property on that date.
§5.07 Garage Fund. Landlord and Tenant agree that building permits shall only be issued for the
construction of the improvements on the Property once an agreement for the Parking Garage Fund
("Fund Agreement") is executed by the parties. The fund shall contain $1.5 million by the end of the
first 20 years of the lease. The Fund Agreement shall provide that the funds shall be deposited in an
account managed only by Landlord and that the funds can be used only for the construction of
parking garage improvements to serve the facility.
ARTICLE 6. TAXES
§ 6.01. Payment by Tenant. In addition to the rent specified in Article 4, Tenant will pay and
discharge all taxes, general and special assessments, and other charges of any kind levied on or
assessed against the Premises and all interests in the Premises and all improvements and other
property on them during the Term and any extension, whether belonging to Landlord or to Tenant.
Tenant will pay all the taxes, charges, and assessments directly to the public officer charged with
their collection before they become delinquent, and Tenant will indemnify Landlord and hold it
harmless from all such taxes, charges, and assessments. Tenant may, in good faith at its own expense
(and in its own name) contest any such taxes, charges, and assessments and must pay the contested
amount, plus any penalties and interest imposed, if and when finally determined to be due.
ARTICLE 7. UTILITIES
§ 7.01. Payment by Tenant. Tenant will pay or cause to be paid all charges for water, heat, gas,
electricity, sewers, and all other utilities used on the Premises throughout the Term and any
extension, including any connection fees.
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ARTICLE .8. REPAIRS,MAINTENANCE, AND RESTORATION
§ 8.01. Tenant's Duty to Maintain and Repair. At all times during the Term and any extension,
Tenant will keep and maintain, or cause to be kept and maintained, all buildings and improvements
erected on the Premises in a good state of appearance and repair(except for reasonable wear and tear)
at Tenant's own expense.
§ 8.02. Damage or Destruction. If any building or improvement constructed on the Premises is
substantially damaged or destroyed by fire or any other casualty, Tenant must, within (90) days from
the date of the damage or destruction, begin to repair, reconstruct, or replace the damaged or
destroyed building or improvement and pursue the repair, reconstruction, or replacement with
reasonable diligence so as to restore the building to substantially the condition it was in before the
casualty. But if beginning or completing this restoration is prevented or delayed by war, civil
commotion, acts of terrorism, acts of God, strikes, governmental restrictions or regulations, or
interferences, fire or other casualty, or any other reason beyond Tenant's control, whether similar to
any of those enumerated or not, the time for beginning or completing the restoration (or both) will
automatically be extended for the period of each such delay.
ARTICLE 9. MECHANICS' LIENS I
§ 9.01. Mechanic's Liens. Tenant will not cause or permit any mechanics' liens or other liens to be
filed against the fee of the Premises or against Tenant's leasehold interest (excluding any leasehold
mortgage) in the land or any buildings or improvements on the Premises by reason of any work,
labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding
the Premises or any part of them through or under Tenant. If such a mechanic's lien or materialman's
lien is recorded against the Premises or any buildings or improvements on them, Tenant must either
cause it to be removed or, if Tenant in good faith wishes to contest the lien, take timely action to do
so, at Tenant's sole expense. If Tenant contests the lien, Tenant will indemnify Landlord and hold it
harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event
of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the
judgment is executed.
ARTICLE 10. INDEMNIFICATION AND INSURANCE
§ 10.01. INDEMNIFICATION OF LANDLORD. LANDLORD IS NOT LIABLE FOR ANY
LOSS, DAMAGE, OR INJURY OF ANY KIND TO ANY PERSON OR PROPERTY ARISING
FROM ANY USE OF THE PREMISES (OR ANY PART OF THEM), OR CAUSED BY ANY
DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR FACILITY
ON THE PREMISES OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF
TENANT, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY
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OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAND, OR BROUGHT
ABOUT BY TENANT'S FAILURE TO MAINTAIN THE PREMISES IN SAFE CONDITION.
TENANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE LANDLORD, AND
LANDLORD'S OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST SUCH LOSS,
DAMAGE, INJURY, CLAIMS AND ATTORNEYS FEES INCURRED IN THE DEFENSE
THEREOF, EVEN IN THE EVENT SUCH LOSS, DAMAGE, INJURY OR CLAIM RESULTING
FROM THE ALLEGED NEGLIGENCE OF THE LANDLORD, ITS OFFICERS, AGENTS, AND
EMPLOYEES OR OTHERWISE.
§ 10.02. Insurance Required Related to Construction. Tenant shall require the following lines of
insurance and limits of coverage of contractor(s) and professionals during the development, design,
and construction of improvements permitted by this Lease. In addition, Tenant shall require its
contractor(s) and/or professionals to name the City of Fort Worth, its officers, agents, and employees
as additional insureds on relevant policies and obtain such coverage through insurance companies
admitted or approved to issue the coverage in the State of Texas and have an AM Best rating of
A:VII. Landlord shall have no responsibility for any costs associated with the required insurance.
10.02.1 Worker's Compensation. Tenant shall require its contractor(s) to obtain and maintain
statutory worker's compensation insurance and business automobile liability insurance
($1,000,000 limit) during any construction work. Tenant shall require its contractor(s) to cover its
subcontractors on its (their) policies or shall require the subcontractors to obtain and maintain
statutory worker's compensation coverage and business automobile liability insurance
($1,000,000 limit).
10.02.2 Professional Liability Insurance. Tenant shall require any architects and/or engineers
providing professional services in the development, design, and/or construction management of
the project to obtain and/or maintain professional liability insurance at a limit of not less than
$1,000,000. If this coverage is obtained on a "claims made" basis, the professional(s) will
maintain coverage continuously in force for a period not less than five years after project
acceptance.
10.02.3 Commercial General Liability. Tenant shall require its contractor(s) to obtain
commercial general liability insurance at a limit of not less than $1,000,000 per occurrence.
§ 10.03. Insurance Required Related to On-Going Occupancy and Use of the Premises. Tenant
is required to obtain and maintain the following lines of insurance and limits of coverage during the
entire Term of this Lease and any extension. The Tenant will name the City of Fort Worth, its
officers, agents, and employees as additional insureds on relevant policies and obtain such coverage
through insurance companies admitted or approved to issue the coverage in the State of Texas and
have an AM Best rating of A:VII. Landlord shall have no responsibility for any costs associated with
the req insurance.
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10.03.1 Building and Improvements. At all times during the Term and any extension, Tenant
shall maintain commercial all-risk property insurance on all buildings and other improvements
located or being constructed on the Premises at not less than eighty percent (80%) of the
replacement cost of such improvements. Tenant shall pay all costs for such insurance and shall be
responsible for any deductible required. The insurance policy or policies must name both the
Landlord and Tenant as named insured and may provide that any loss of$100,000 or less will be
payable solely to Tenant for restoration of the improvement. Any loss over 5100,000 will be
made payable jointly to the Landlord and Tenant, but Landlord shall promptly allow the release
of insurance proceeds to enable Tenant to meet its repair obligations in Section 8.02 above.
10.03.2 Commercial General Liability Insurance. At all times during the Term and any-
extension,
nyextension, Tenant shall maintain commercial general liability insurance covering Landlord and
Tenant for liability for property damage and personal injury at a limit of not less than $1,000,000
per occurrence.
§ 10.04 Certificates of Insurance. Tenant must furnish Landlord with certificates of all insurance
required by this Section. If requested by the Landlord, Tenant must also supply copies of the
individual policies of insurance. If Tenant does not keep required insurance in full force and effect,
Landlord may notify Tenant of this failure, and if Tenant does not deliver certificates showing all
such insurance to be in full force within ten (10) days after this notice, Landlord may, at its option,
acquire or pay premiums on the insurance needed to fulfill Tenant's obligations under this section.
On Landlord's demand, Tenant must reimburse Landlord the full amount of any insurance premiums
paid by Landlord under this section, with interest at the rate of ten percent (10%) annually from the
date of Landlord's demand until reimbursement by Tenant.
ARTICLE 11. ASSIGNMENT AND SUBLEASE
§ 11.01 Assignment and Sublease. Tenant may not sell or assign its leasehold estate, or any portion
of it, without the prior written approval of the Landlord.
ARTICLE 12. DEFAULT AND REMEDIES
§ 12.01. Termination on Default. If Tenant defaults in performing any covenant or term of this
Lease and does not correct the default within thirty (30) days after receipt of written notice from
Landlord to Tenant or an additional reasonable period if Tenant is proceeding with diligence to cure
the default, Landlord may declare this Lease, and all rights and interest created by it, terminated. If
Landlord elects to terminate, this Lease will cease as if the day of Landlord's election were the day
originally fixed in the Lease for its expiration.
§ 12.02. Other Remedies. Any termination of this Lease as provided in this article will not relieve
Tenant from paying any sum or sums due and payable to Landlord under the Lease at the time of
termination, or any claim for damages then or previously accruing against Tenant under this Lease.
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Any such termination will not prevent Landlord from enforcing the payment of any such sum or sums
or claim for damages by any remedy provided for by law, or from recovering damages from Tenant
for any default under the Lease. All Landlord's rights, options, and remedies under this Lease will be
construed to be cumulative, and not one of them is exclusive of the other. Landlord may pursue any
or all such remedies or any other remedy or relief provided by law, whether or not stated in this
Lease.
ARTICLE 13. NOTICES
§ 13.01. Notices. Any notice, demand, request or other communication hereunder given or made by
either party to the other shall be in writing and shall be deemed to be delivered whether actually
received or not, when deposited in the United States mail, postage prepaid, certified or registered
mail, return receipt requested, addressed to the parties hereto at the respective addresses set out
below, or at such other address as they may hereafter specify by written notice so given.
(a) If to Landlord: City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
(b) If to Tenant: The Archival Holdings,Inc.
100 W. Weatherford Room 260A
Fort Worth, TX 7M)02 76196
Attention: Steve M. King
ARTICLE 14. GENERAL PROVISIONS
§ 14.01. Right of Entry and Inspection. Tenant must permit Landlord or its agents, representatives,
or employees to enter the Premises for the purposes of inspection; determining whether Tenant is
complying with this Lease; maintaining, repairing, or altering the Premises; or any other reasonable
purpose.
§ 14.02. No Partnership or Joint Venture. The relationship between Landlord and Tenant is at all
times solely that of landlord and tenant and may not be deemed a partnership or a joint venture.
§ 14.03. Force Maieure. If constructing the building or curing any default (other than failure to pay
rent, insurance premiums, or ad valorem taxes) or performing any other covenant or term is delayed
by reason of war, civil commotion, acts of terrorism act of God, governmental restrictions,
regulations, or interference, fire or other casualty, or any other circumstances beyond Tenant's
control or that of the party obligated or permitted under this Lease to do or perform the term or
covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each
party so delayed is excused from performance during the delay period.
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§ 14.04. No Termination on Bankruptcy. Bankruptcy, insolvency, assignment for the benefit of
creditors, or the appointment of a receiver will not affect this Lease as long as Tenant and Landlord
or their respective successors or legal representatives continue to perform all covenants of this Lease.
§ 14.05. No Waiver. No waiver by either party of any default or breach of any covenant or term of
this Lease may be treated as a waiver of any subsequent default or breach of the same or any other
covenant or term of this Lease.
CITY OF FORT WORTH THE ARCHIVAL HOLDINGS, INC. a Texas
non-profitration
B y: ..
Assistant City Manager Titl
APPROV AS TO FORM AND LEGALITY:
sistant C Attorney
ATTEST: cortra4t _uthorizatioR
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Date
Marty Hendrix, City Secretary
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CITY
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FORT WORTH Exhibit A
REVISED
Real Property Description
for a Proposed Lease Site
at the Cultural Center District
A parcel of land out of the J. R. Montgomery Survey, Abstract Number 1030, being a
portion of that certain tract of land conveyed to the City of Fort Worth, by deed recorded
in Volume 1281, Page 499, of the Deed Records of Tarrant County, Texas, and being a
portion of the Cultural Center District, and being more fully described by metes and
bounds as follows;
BEGINNING at a 5/8" iron rod with a red plastic cap marked "City of Fort Worth,
Survey Division" set for the northwest corner of the Fort Worth Museum of Science and
History Corporation lease site, out of said City Tract, according to that certain lease
described in City Secretary Contract Number 20857, being 10.0 feet east of and
perpendicular to the curb line of Montgomery Street, and being by deed call East 20.0
feet and North 453.2 feet, from the original southwest corner of said City Tract;
THENCE: with a line 10.0 east of and parallel with said curb line, North 00 degrees 13
minutes 51 seconds West, 344.26 feet,to a 5/8" iron rod with a red plastic cap marked
"City of Fort Worth, Survey Division" set-,
THENCE: South 89 degrees 42 minutes 04 seconds East, 233.65 feet to a 5/8" iron rod
with a red plastic cap marked "City of Fort Worth, Survey Division" set;
THENCE: South 00 degrees 17 minutes 56 seconds West, 26.00 feet, to a mark"V" cut
at the west face of a concrete retaining wall;
THENCE: South 00 degrees 03 minutes 22 seconds East,to and along the face of an
existing curb line, 166.19 feet, to a mark "X" cut, being 22.0 feet west of and
perpendicular to the curb line of Gendy Street;
THENCE: with a line 22.0 west of and parallel with said curb line, South 00 degrees 03
minutes 22 seconds West, 3 18.3 5 feet, to a 5/8" iron rod with a red plastic cap marked
"City of Fort Worth Survey Division" set for the northeast corner of said lease site;
THENCE: with said north line, North 89 degrees 41 minutes 09 seconds West, 398.05
feet, to the Place of Beginning, and containing some 3.05 acres ( 133,018 square et. f,
land, more or less. ;; > t-..
Surveyed on the ground in the month of January, 2006.
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ENGINEERING DEPARTMENT
p SURVEY DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 /
(817) 871-7925 * FAX (817) 871-8845
L�'�Printed on recycled paper
Bearing Base: Texas coordinate system, North Central Zone, NAD 83, Via the City of
Fort Worth GPS network, distances are ground measurements.
Note: In accordance with the Texas Board of Professional Land Surveying, General Rules
of Procedure and Practices, 663.19(9),this "report" consists of the real property
description included herein and a property description of a joint ingress and egress and a
Map of Survey, attached herewith.
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/31/2006
DATE: Tuesday, January 31, 2006
LOG NAME: 12ARCHIVES LEAS REFERENCE NO.: **C-21276
SUBJECT:
Authorize Execution of a Lease Agreement with the Archival Holdings, Inc., for a National Archives
Facility
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with the
Archival Holdings, Inc., for the National Archive Facility for a lease term of 99 years.
DISCUSSION:
The Archival Holdings, Inc. has requested a 99 year lease from the City of Fort Worth for the National
Archives and Records Administration (NARA). It is proposed that the Southwest Regional Facility will
relocate the National Archives & Records Administration (NARA) from the Federal Center to the vacant site
between the Arts Center and Museum of Science and History in the Cultural District.
The lease will be for 99 years for $10.00 per year. The leased provides that the Lease Premises can be
used only for a National Archives and Records Administration facility which shall include a public museum
and education facility. The lease also provides that City approval is required for all construction plans and
improvements and that no alterations to the facility can be made without the City's approval. In addition, the
facility must be constructed free of mechanic and materialman's lien and Archival Holdings, Inc. must
provide performance and payment bonds during construction. Throughout the term of the lease, Archival
Holdings, Inc. must maintain sufficient insurance and name the City as an additional insured. The lease
cannot be assigned without the written consent from the city.
Under the lease, Archival Holdings, Inc will be solely responsible for all repairs, maintance and utility costs.
Upon termination of the lease, the building and any improvements will become City property. The lease
also provides that Archival Holdings, Inc. shall create a parking garage fund to help fund the construction of
a parking garage on the leased site. It is anticipated that the fund will contain $1.5 million dollars by the end
of the first 20 years of the lease.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Economic and Community Development Department will be
responsible for collection of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/7/2006
Page 2 of 2
GG01 481306 0171000 $10.00
Submitted for City Manager's Office by- Dale Fisseler (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Cynthia Garcia (7611)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/7/2006