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HomeMy WebLinkAboutContract 50635-T1 037Y SECRETARY " `� -RACTNO. 5bb 35^ TI Oti ����?�GQ��Q AGREEMENT TERMINATING LEASE G C,'Cts FORT WORTH AVIATION DEPARTMENT ADMINISTRATION BUILDING OFFICE LEASE ANNUAL AGREEMENT FORT WORTH MEACHAM INTERNATIONAL AIRPORT This AGREEMENT TERMINATING LEASE ("Agreement"), effective as of October 19,2018,is made and entered into by and between the CITY OF FORT WORTH ("Lessor"), a home rule municipal corporation under the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Alliant Techsystems Operations LLC a wholly owned subsidiary of NORTHROP GRUMMAN INNOVATION SYSTEMS, INC. ("Lessee"), acting by and through JEFFREY K. WINDLAND, its duly authorized Director of Business Management. RECITALS The following introductory provisions are true and correct and form the basis of this Agreement: A. On or about April 17, 2018 Lessor and Lessee entered into City Secretary Contract ("CSC") No. 50635, for the lease and use of real property known as Suite 110 located at Fort Worth Meacham International Airport (the "Airport') and any improvements and facilities thereon ("Leased Premises"), a lease which was subsequently amended on October 9, 2018 (collectively, the "Lease"), with Alliant Techsystems Operations LLC, a wholly owned subsidiary of Orbital ATK, Inc. as Lessee. B. The name of the Lessee entity was changed pursuant to the terms of the aforesaid October 9, 2018 amendment. C. Lessor and Lessee have decided to cancel and terminate the Lease and it is the intention of Lessor and Lessee to effect the cancellation of the Lease by this instrument. THEREFORE, in consideration of the covenants and agreements contained below, and of the release and surrender by Lessee of the Lease and all of its rights in it and all of its rights in and to Premises, of the release by Lessor of all Lessee's obligations under the Lease, and for other valuable consideration, the receipt and sufficiency of which are acknowledged here, the parties to this Lease agree as follows: Agreement Terminating Lease Fort Worth Meacham International Airport OFFMAL RECORD Administration Building—Northrop Grumman Innovation Systems,Inc. CITY SMIKIrAW FT. WORTH,TX AGREEMENT 1. TERMINATION OF THE LEASE; RELEASE OF LIABILITY AND CLAIMS. The Lease is hereby terminated effective as of October 19, 2018 ("Effective Date"). Lessee and Lessee's heirs and assigns hereby forever releases, quitclaims, and surrenders to Lessor the Lease and all rights of Lessee in and to the Premises. Lessee and Lessee's heirs and assigns further RELEASE, ACQUIT, AND FOREVER DISCHARGE Lessor and Lessor's agents, servants, employees and all other persons from any and all claims, demands, or causes of action of any kind whatsoever against Lessor which Lessee may have now,known or unknown, existing, directly or indirectly attributable to the Lease or this Agreement, except as specifically set forth herein below as surviving this termination. Lessor and Lessor's successors and assigns hereby forever RELEASE, ACQUIT, and FOREVER DISCHARGE Lessee and Lessee's subsidiaries, predecessors, agents,servants,employees,and all other persons from any and all claims,demands,causes of action of any kind whatsoever against Lessee which Lessor may have now, known or unknown, existing, directly or indirectly attributable to the Lease or this Agreement. The parties acknowledge that there have been no events of default under the Lease. Notwithstanding the foregoing, Lessee has prepaid rent and is entitled to a rent credit of Six Hundred and Seventy Two Dollars and 48/100($672.48) ("Rent Credit"). Lessor shall apply the amount of the Rent Credit to amounts next coming due under a separate lease between the parties, that lease being CSC-50635 dated March 27, 2018, until such Rent Credit is fully utilized. The obligation of Lessor as to such Rent Credit shall survive the termination of this Lease. 2. SURRENDER OF PREMISES. Lessor acknowledges that Lessee has surrendered the Premises in the condition required by the Lease, and that all Lessee's personal property has been removed from the Premises. 3. NOTICES TO LESSEE AFTER EFFECTIVE DATE. All notices to Lessee after the Effective Date shall be addressed as follows: Northrop Grumman Innovation Systems Attention: Treasurer 45101 Warp Drive Dulles, VA 20166 Copy to: Northrop Grumman Innovation Systems Attention: General Counsel Agreement Terminating Lease Fort Worth Meacham International Airport Administration Building—Northrop Grumman Innovation Systems,Inc. Page 2 of 5 45101 Warp Drive Dulles, VA 20166 4. GENERAL PROVISIONS. The recitals set forth above are hereby incorporated by reference as if fully set forth herein. All defined terms used in this Agreement that are not otherwise defined or modified herein shall have the meaning as set forth in the Lease. This Agreement maybe executed in counterparts, each of which shall constitute an original,and all of which, when taken together, shall constitute one and the same instrument. A facsimile signature or an electronically scanned signature shall be deemed to be an original signature for all purposes. [Remainder of this Page Intentionally Blank - Signature Pages Follow] Agreement Terminating Lease Fort Worth Meacham International Airport Administration Building—Northrop Grumman Innovation Systems,Inc. Page 3 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement Terminating Lease in multiples on this the-21st day of_ ��«,,,,�« , 2018. CITY OF FORT WORTH: Fernando Costa Assistant City Manager Date:_ 1.Z108 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 this Agreement Terminating Lease, 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 f day 2018. LINDAM.HIRRLINGER ':•; My Notary ID#124144746 , ' 22022 No ary Public in and for the Febtuary State of Texas 4 FORT CJ..... APPROVED AS TO FORM ATTEST: AND LEGALITY: ` By: By: Thomas Royce Hansen, Mary J. Kay erXpg Assistant City Attorney City Secretary M&C: N/A Agreement Terminating Lease OFFICIAL REQ®�® Fort Worth Meacham International Airport Administration Building—Northrop Grumman Innovation Systems,Inc. CITY SECRITARy FT. WORTH,TX 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 requirts. Leasing Coordinator Q Q 11�e\.�'+��V Printed Name LESSEE: NORTHROP GRUMMAN INNOVATION SYSTEMS, INC. ti By: K, W Je'Aiey K.gindland, Director, Business Management Date: \A.2,67--'�'va COMMONWEALTH OF VIRGINIA § COUNTY OF_Lt-,0&res r, § BEFORE ME, the undersigned authority, a Notary Public in and for the Commonwealth of Virginia, on this day personally appeared JEFFREY K. WINDLAND, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of NORTHROP GRUMMAN INNOVATION SYSTEMS, INC. and that he executed the same as the act of NORTHROP GRUMMAN INNOVATION SYSTEMS, INC. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND S OF OFFICE this o day of 2018. Not Pub 'c in and for the Co onwealth z 4832-7019-0713,v.2 JULIE ANNE WINSHIP Notary Public Commonwealth of Virginia Agreement Terminating Lease Regisination.#162163 Fort Worth Meacham International Airport my commission Expires Sept.30,2021 Administration Building—Northrop Grumman Innovation Systems,Inc. O FiTa7ge'55f CITY St. FT. WORTH, f X