HomeMy WebLinkAboutContract 48202 "e
f�'ED CITY SECRETARY
CUNTRACT NO. Z-
SEP 2 3 2016
CI1' is 'i LEASE AGREEMENT FOR OFFICE SPACE
JAMES E. GUINN SCHOOL BUILDING
THIS LEASE AGREEMENT ("Lease") is entered into by and between the City of Fort
Worth, ("Lessor") and Southeast Fort Worth Inc. ("Lessee").
In consideration of the mutual covenants, promises and obligations contained
herein, Lessor and Lessee agree as follows:
1. PROPERTY LEASED
Lessor hereby leases to Lessee and Lessee hereby leases from Lessor
approximately 275 square feet on the first floor designated as Suite No. 148 in the
building known as the "James E. Guinn School" ("Building) located at 1150 South
Freeway, Fort Worth, Texas and as depicted on Exhibit "A", attached hereto and hereby
made a part of this Lease. Lessor reserves the right to re-assign space allocated to Lessee
in the building, with reasonable notice to Lessee, if deemed necessary by Lessor for
highest and best use of the facility.
2. TERM OF LEASE
2.1 The term of this Lease ("Term") shall be a period of 5 years, starting on
August 3, 2016 and expiring on July 30, 2021 unless terminated earlier as provided
herein.
2.2 If Lessee performs and abides by all provisions and conditions of this
Lease and is not in default, upon the expiration of the Initial Term of this lease, Lessee
shall have two (2) consecutive options to renew this Lease for terms of five (5) years each
("Renewal Term") at the rental rate for comparable space at the Building. In order to
exercise its option to renew this Lease, Lessee shall notify Lessor in writing of its desire
to renew this Lease no less than ninety calendar days prior to the expiration of the term
then in effect.
3. COMMON AREA
The "Common Area" of the Building as it shall exist from time to time shall be
that part of the Building designated by Lessor from time to time for the common use of
all Lessees, including, but not limited to other facilities, elevators, stairs, tunnels, halls,
lobbies, delivery passages, drinking fountains, public toilets and the like, all of which
shall be subject to the Lessor's sole management and control and shall be operated and
maintained in such manner as the Lessor, in his sole discretion, shall determine. Lessor
reserves the right to change from time to time, the dimensions and locations of the
Common Area. Lessee and its employees and invitees shall have the nonexclusive right
to use the Common Areas with the Lessor, other Lessees of the Building and other
persons entitled to use the same. Use of the Common Area shall be subject to such
reasonable rules and regulations governing its use as the Lessor may from time to time
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Guinn School Lease Agreement CITY SECRETARY
FT.WORTH,TX
prescribe. Lessee shall not take any action that would interfere with the rights of other
persons to use the Common Area. Lessor may temporarily close any part of the Common
Area for such period as is reasonably necessary to make repairs or alterations.
4. RENT
Lessee shall pay Lessor, at the Building office, without demand and without
deduction, abatement or setoff except as otherwise expressly provided for herein, the sum
of Twelve and .52/100 Dollars ($12.52) per square foot per year of the Leased Area of
the Building and $34.06 per month for each phone line provided. The total amount due
each month is Three Hundred Twenty and .98/100 Dollars. ($320.98) All past due
installments of Rent shall bear interest at the highest non-usurious rate chargeable by
Lessor to Lessee from such date due until paid
5. USE
Lessee is permitted to use the Leased Area solely for the purposes of office space.
Lessee shall use the Leased Area for no other purpose without the prior written consent
of the Lessor.
6. MAINTENANCE,REPAIRS AND CONDITION OF AREA.
6.1. General Maintenance and Repairs by Lessee.
Lessee agrees to keep and maintain the Leased Area, including all fixtures installed
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 Leased Area. Lessor will at Lessor's own expense,
make all repairs necessary to the Leased Area, except those caused by fire or other casualty
covered by insurance on the Building under policies naming Lessor as the insured. Lessee
shall be responsible for all damages caused by Lessee, its agents, servants, employees,
contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair or
otherwise cure all such damages at Lessee's sole cost and expense under the supervision
and with the approval of Lessor.
Lessee agrees that, except as otherwise expressly provided herein, all improvements,
trade fixtures, furnishings, equipment and other personal property of every kind or
description which may at any time be on the Leased Area shall be at Lessee's sole risk or at
the sole risk of those claiming under Lessee. Lessor shall not be liable for any damage to
such property or loss suffered by Lessee's business or business operations which may be
caused by the bursting, overflowing or leaking of sewer or steam pipes, or from water from
any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires,
noise,gas or odors, or from causes of any other matter.
Upon termination of this Lease, Lessee will surrender and deliver up the Leased
Area to Lessor in as near as possible to the same condition in which they existed at the
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Guinn School Lease Agreement
commencement of the Lease, excepting only ordinary wear and tear and damage arising
fiom any cause required hereunder to be repaired at Lessor's expense.
6.2. Inspection.
Lessor shall have the right and privilege, through its officers, agents, servants or
employees, to inspect the Leased Area at any time. Lessor shall provide Lessee with
advance notice of inspection when reasonable under the circumstances.
6.3. Performance.
If Lessee is responsible under this Lease for any maintenance or repairs, Lessor shall
notify Lessee in writing and arrange for the maintenance and repair work to be completed
within thirty (30) calendar days of receipt of such notice. Lessee will reimburse Lessor for
the cost of the maintenance or repairs, and such reimbursement will be due on the date of
Lessee's next monthly rent payment following completion of the maintenance or repairs.
6.4. Lessee's Acceptance of the Leased Area.
Lessee acknowledges that it has inspected the Leased Area and Lessee's taking
possession of the Leased Area shall be conclusive evidence as against the Lessee that the
Leased Area were in good order and satisfactory condition when the Lessee took
possession. No other promise of the Lessor to alter, remodel, repair or improve the
Leased Area or the Building and no other representation respecting the condition of the
Leased Area or the Building have been made by Lessor to Lessee.
7. OBLIGATIONS OF LESSOR
7.1 Services Furnished
Subject to the rules and regulations to which reference is hereinafter made, Lessor
shall furnish Lessee, at Lessor's expense, except as provided in Paragraph 5.3 above, the
following services during the Term:
(1) Air conditioning and heating in season, at such times as Lessor
normally furnishes these services to other Lessees in the Building
and at such temperatures and in such amounts as are considered by
Lessor to be standard, but such service outside normal business
hours and on Saturdays, Sundays and holidays shall be furnished
only at Lessor's discretion and upon reasonable notification.
(2) Hot and cold water at those points of supply provided for general
use.
(3) Standard building janitor service in and about the Building and the
Leased Area,; however, Lessee shall pay the additional costs
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Guinn School Lease Agreement
attributable to the cleaning of improvements within the Leased
Area other than building standard improvements.
(4) Elevators for ingress to and egress from the Building during such
periods as are considered by Lessor to be standard.
(5) Proper building standard facilities to furnish sufficient electrical
power for standard lighting and standard office equipment.
(6) Replacement of fluorescent lamps in building standard ceiling
mounted fixtures installed by Lessor and incandescent bulb
replacement in public areas.
(7) For purposes of this lease normal business hours shall be 8:00 a.m.
to 5:00 p.m. on weekdays, except holidays.
7.2 No Eviction or Breach
No interruption, moratorium or malfunction of any services or failure of any
machinery or equipment to operate for any cause whatsoever shall constitute an eviction
or disturbance of Lessee's use and possession of the Leased Area or Building or a breach
by Lessor of any of its obligations hereunder or render Lessor liable for damages or
entitle Lessee to be relieved from any of its obligations hereunder (including the
obligation to pay Rent) or grant Lessee any right of setoff or recoupment. In the event of
any such interruption, however, Lessor shall use reasonable diligence during normal
business hours to restore such service in any circumstances in which such restoration is
within reasonable control of Lessor and the interruption was not caused by Lessee's fault.
Notwithstanding the foregoing, should an interruption of service for more than five (5)
consecutive business days due to no fault of Lessee,then Lessee's rental shall abate to the
extent any portion of the Leased Area is not able to be leased.
7.3 Additional Services
Should Lessee desire any additional services beyond those described in Paragraph
7.1 or rendition of any of such services outside the normal times of Lessor for providing
such services, Lessor may (at Lessor's option), upon reasonable advance notice from
Lessee to Lessor, furnish such services and Lessee agrees to pay Lessor such charges as
may be agreed on between Lessor and Lessee, but in no event at a charge less than
Lessor's actual cost plus overhead for the additional services provided.
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Guinn School Lease Agreement
8. ADDITIONS AND FIXTURES
8.1 Approval Required
Lessee will make no alteration, change, improvement, repair, replacement or
addition to the Leased Area without the prior written consent of Lessor.
8.2 Removal of Items
Within ten (10) business days after the expiration or termination of this Lease,
Lessee must remove its personal property not attached to the Building provided: Lessee
promptly repairs all damage caused by such removal. All property not removed from the
Leased Area by the tenth business day after the expiration or termination of this Lease
shall become the property of Lessor, Lessee hereby waiving all rights to any payment or
compensation therefore.
9. ADDITIONAL OBLIGATIONS AND AGREEMENTS OF LESSEE.
9.1 The Lessee shall abide by all the rules and regulations of the Building and the Leased
Area as specifically outlined in Exhibit"B".
10. INSURANCE.
10.1. 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 in this Section 13, naming the City of Fort Worth as an
additional insured and covering all risks related to the leasing, use, occupancy, maintenance,
existence or location of the Area. Failure to maintain the required insurance may result in
termination of this lease at the discretion of the Lessor. Lessee shall obtain the following
insurance coverage on an occurrence basis and at the limits specified herein:
• Proper :
A. Fire and Extended Coverage shall be maintained by the insurance policy on
all improvements and betterments at their full replacement cost limit;
B. Insurance for Contents—Lessee shall be responsible for maintaining any
policy of insurance that will insure against loss of property owned by Lessee
that is located on the Leased Premises
C. Commercial General Liability Insurance - $1,000,000.00 per occurrence;
$2,000,000 aggregate
10.2. Adjustments to Required Coverage and Limits.
Insurance requirements, including additional types and limits of coverage and
increased limits on existing coverages, are subject to change at Lessor's option, and Lessee
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Guinn School Lease Agreement
will accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
10.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessor with appropriate certificates of insurance signed by the respective insurance
companies 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 force and effect.
10.4. Additional Requirements.
A. Additional Insured Endorsement: "The City of Fort Worth are added as
additional insured as respects operations and activities of, or on behalf of the
named insured." Reasonably equivalent terms may be acceptable at the sole
discretion of the Business Assistance Center.
B. 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 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.
10.5 Fire Or Other Casualty
If at any time during the Term, the Leased Area or any portion of the Building or
Common Area (as hereinafter defined) shall be damaged or destroyed by fire or other
casualty, then Lessor shall have the election to terminate this Lease within 120 days from
the occurrence of such casualty or to repair and reconstruct the Common Area, the
Leased Area and Building to substantially the same condition in which they existed
immediately prior to such damage or destruction, except that Lessor shall not be required
to repair or reconstruct any personal property, furniture, trade fixtures or office
equipment which is located in the Leased Area and removable by Lessee under the
provisions of this Lease.
In any of the aforesaid circumstances, Rent shall abate proportionally during the period
and to the extent that the Leased Area are unfit for use by Lessee in the ordinary conduct
of its business. If Lessor has elected to repair and restore the Leased Area to the extent
stated above, this Lease shall continue in full force and effect and such repairs will be
made within a reasonable time thereafter (not to exceed six months) subject to delays
arising from shortages of labor or materials, acts of God, war or other conditions beyond
Lessor's reasonable control. Should such repairs not be completed within such period,
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Guinn School Lease Agreement
this Lease shall be terminated. In the event that this Lease is terminated as herein
permitted, Lessor shall refund to Lessee any prepaid Rent (unaccrued as of the date of
damage or destruction) less any sum owing Lessor by Lessee. If Lessor has elected to
repair and reconstruct the Leased Area to the extent stated above, then the Term shall be
extended by a period of time equal to the period of such repaid and reconstruction.
Notwithstanding the provisions of Subparagraphs A. and B. of this Paragraph 10, if the
Leased Area or any other portion of the Building be damaged by fire or other casualty
resulting from the fault or negligence of Lessee or any of Lessee's agents, employees,
contractors, licensees or invitees, the Rent hereunder shall not be diminished during the
repair of such damage and Lessee shall be liable to Lessor for the cost and expense of the
repair and restoration of the Leased Area or the Building caused thereby to the extent
such cost and expense is not covered by insurance proceeds.
11. 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 ITS USE UNDER THIS LEASE OR WITH THE LEASING,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE AREA,
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 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 THIS LEASE OR
WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE AREA, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR
FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH
ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR
OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR
TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS
OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR.
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LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON
ON THE AREA 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 FROM AND AGAINST ANY AND ALL SUCH
CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR
12. ASSIGNMENT AND SUBLETTING.
Lessee shall not assign, sell, convey, sublease or transfer any of its rights,
privileges, duties or interests granted by this Lease without the advance written consent
of Lessor.
13. DEFAULT AND REMEDIES
A. Notwithstanding anything to the contrary, this lease may be terminated by
Lessor with 48-hour written notice of termination, if Lessee causes an
"Event of Default" (as hereinafter defined)to occur.
B. Each of the following acts or omissions of Lessee or occurrences shall
constitute an"Event of Default:"
(1) Failure or refusal by Lessee to timely pay Rent or other
payments hereunder, after having been notified in writing
by Lessor that such rent or other due payments have not
been made.
(2) Failure to perform or observe any other covenant or
condition of this Lease by Lessee to be performed or
observed prior to the expiration of a period of ten (10) days
following written notice to Lessee of such failure.
(3) Abandonment or vacating of the Leased Area or any
significant portion thereof for a period in excess of ninety
(90) days.
(4) The filing or execution or occurrence of: A petition in
bankruptcy or other insolvency proceeding by or against
Lessee; or petition or answer seeking relief under any
provision of the Bankruptcy Act; or an assignment for the
benefit of creditors or composition; or a petition or other
proceeding by or against the Lessee for the appointment of
a trustee, receiver or liquidator of Lessee or any of Lessee's
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Guinn School Lease Agreement
property; or a proceeding by any governmental authority
for the dissolution or liquidation of Lessee.
C. This Lease and the Term and estate hereby granted and the demise hereby
made are subject to the limitation that if and whenever any Event of
Default shall occur, Lessor may, at its option, in addition to all other rights
and remedies given hereunder or by law or equity, do any one or more of
the following:
(1) Terminate this Lease, in which event Lessee shall
immediately surrender possession of the Leased Area to
Lessor.
(2) Enter upon and take possession of the Leased Area and
expel or remove Lessee any other occupant therefrom, with
or without having terminated the Lease.
(3) Alter locks and other security devices at the Leased Area.
D. Exercise by Lessor of any one or more remedies hereunder granted or
otherwise available shall not be deemed to be an acceptance of surrender
of the Leased Area by Lessee, whether by agreement or by operation of
law, it being understood that such surrender can be effected only by the
written agreement of Lessor and Lessee. No such alteration of security
devices and no removal or other exercise of dominion by Lessor over the
property of Lessee or others at the Leased Area shall be deemed
unauthorized or constitute a conversion, Lessee hereby consenting, after
any Event of Default, to the aforesaid exercise of dominion over Lessee's
property within the Building. All claims for damages by reason of such
re-entry and/or repossession and/or alteration of locks or other security
devices are hereby waived, as are all claims for damages by reason of any
distress warrant, forcible detainer proceedings, sequestration proceedings
or other legal process. Lessee agrees that any re-entry by Lessor may be
pursuant to judgment obtained in forcible detainer proceedings or other
legal proceedings or without the necessity for any legal proceedings, as
Lessor may elect, and Lessor shall not be liable in trespass or otherwise.
E. In the event Lessor elects to terminate the Lease by reason of an Event of
Default, then, notwithstanding such termination, Lessee shall be liable for
and shall pay to Lessor at Fort Worth, Tarrant County, Texas, the sum of
all Rent and other indebtedness accrued to the date of such termination,
plus, as liquidated damages for such default and not as a penalty, an
amount equal to the then present value of the Rent reserved hereunder for
the remaining portion of the Term (had such Term not been terminated by
Lessor prior to the date of expiration stated in Paragraph 2) using a market
present value discount factor to calculate the same.
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Guinn School Lease Agreement
In the event Lessor elects to terminate the Lease by reason of an Event of
Default, in lieu of exercising the rights of Lessor under the preceding
paragraph, Lessor may instead hold Lessee liable for all Rent and other
indebtedness accrued to the date of such termination, plus such Rent and
other indebtedness as would otherwise have been required to be paid by
Lessee to Lessor during the period following termination of the Term
measured from the date of such termination by Lessor until the date of
expiration stated in Paragraph 2 (had Lessor not elected to terminate the
Lease on account of such Event of Default) diminished by any net sums
thereafter received by Lessor through re-letting the Leased Area during
said period (after deducting expenses incurred by Lessor as provided in
Subparagraph G hereof). Actions to collect amounts due by Lessee
provided for in this Paragraph 13 may be brought from time to time by
Lessor during the aforesaid period, on one or more occasions, without the
necessity of Lessor's waiting until expiration of such period; and in no
event shall Lessee be entitled to any excess of Rent (or Rent plus other
sums) obtained by re-letting over and above the Rent provided for in this
Lease.
F. In the event Lessor elects to repossess the Leased Area without
terminating the Lease, then Lessee shall be liable for and shall pay to
Lessor at Fort Worth, Tarrant County, Texas, all Rent and other
indebtedness accrued to the date of such repossession, plus Rent required
to be paid by Lessee to Lessor during the remainder of the Term until the
date of expiration of the Term as stated in Paragraph 2, diminished by any
net sums thereafter received by Lessor through re-letting the Leased Area
during said period (after deducting expenses incurred by Lessor as
provided in Subparagraph G hereof). In no event shall Lessee be entitled
to any Rent herein reserved. Actions to collect amounts due by Lessee as
provided in this Paragraph 13.17, may be brought from time to time, on one
or more occasions, without the necessity of Lessor's waiting until
expiration of the Term.
G. In the case of an Event of Default, Lessee shall also be liable for and shall
pay to Lessor, at Fort Worth, Tarrant County, Texas, in addition to any
sum provided to be paid above: Broker's fees incurred by Lessor in
connection with re-letting the whole or any part of the Leased Area; the
cost of removing and storing Lessee's or other occupant's property; the
cost of repairing, altering, remodeling or otherwise putting the Leased
Area into condition acceptable to a new Lessee or Lessees; and all
expenses incurred by Lessor in enforcing Lessor's remedies, including
reasonable attorneys' fees. Past due Rent and other past due payments
shall bear interest from maturity until paid at the highest non-usurious rate
chargeable by Lessor to Lessee
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H. In the event of termination or repossession of the Leased Area for an
Event of Default, Lessor shall attempt to re-let the Leased Area, or any
portion thereof, or to collect Rent after re-letting
I. If Lessee should fail to make payment or cure any Event of Default
hereunder within the time herein permitted, Lessor, without being under
any obligation to do so and without thereby waiving such default, may
make such payment and/or remedy such other Event of Default for the
account of Lessee (and enter the Leased Area for such purpose) and
thereupon Lessee shall be obligated to, and hereby agrees to, pay Lessor,
upon demand, as additional Rent hereunder, all costs, expenses and
disbursements (including reasonable attorneys' fees) incurred by Lessor in
taking such remedial action.
J. A default by Lessor shall exist if Lessee fails remedy such default within
thirty (30) days after written notice from Lessee of such default. Upon a
default by Lessor, Lessee, as its sole remedy, may terminate this Lease.
14. LIENS.
14.1. Liens by Lessee.
Lessee acknowledges that it has no authority to engage in any act or to make any
contract that may create or be the foundation for any lien upon the property or interest in
the property of Lessor. If any such purported lien is created or filed, Lessee, at its sole
cost and expense, shall liquidate and discharge the same within thirty (30) days of such
creation or filing. Lessee's failure to discharge any such purported lien shall constitute a
breach of this Lease and Lessor may terminate this Lease immediately. However,
Lessee's financial obligation to Lessor to liquidate and discharge such lien shall continue
in effect following termination of this Lease and until such a time as the lien is
discharged.
15. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Area.
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 Area and Lessee immediately shall remove from the Area any person engaging in such
unlawful activities. Unlawful use of the Area by Lessee itself shall constitute an immediate
breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances,
policies, rules and regulations of the City of Fort Worth. If Lessor notifies Lessee or any of
its officers, agents, employees, contractors, subcontractors, licensees or invitees of any
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violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist
from and correct the violation.
16. 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 Area on
the basis of race, color, national origin, religion, handicap, sex, sexual orientation, gender
identity, gender expression, transgender, 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 Area 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.
If any claim wises 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.
17. 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.
18. 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.
19. VENUE AND JURISDICTION.
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 Area, venue for such action shall lie in state
courts located 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.
20. ATTORNEYS' FEES.
In any action brought by Lessor or Lessee for the enforcement of the obligations of
the other party under this Lease, the prevailing party shall be entitled to recover from the
other party reasonable attorneys' fees arising from such action.
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21. 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.
22. 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.
23. 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.
24. 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
and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Lease in
multiples this day of , 20_.
[SIGNATURES ON FOLLOWING PAGE.\]
Page 13 of 18
Guinn School Lease Agreement
LESSOR LESSEE r
City of Fort Worth � ;,�� e-Kc-'t- { 0 4 wor{11
B By: U
Jesus Chapa Curvie Hawkins,Jr. - an
Assistant City Manager Southeast Fort Worth Inc.
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ATTEST:
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City Secr ary �Ogp�GO
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attey
Date: �/f 34
M& C Number:
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 ,-k5jc, j Chvp� known to me to be the person
whose name is subscribed to the foregoing instrumen 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.
rQ
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ala day of
20j�
" Notary Public in and for the State CTexas
LINDA M. HIRRLINGER
g =N:�„[ •o c Notary Public, State of Texas
„r.r•. P:Comm. Expires 02-02-2018
.....��� Notary ID 12414474-6
OCC FFICfAL RECORD
Page 14 of 18
Guinn School Lease Agreement ����EC4E�•ARY
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 Til-1�j�O 1-i�lzjm, ,T ,nown 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 and that he executed
the same as the act of the for the purposes and consideration therein
expressed and in the capacity therein stated.
G EN UNDER MY HAND AND SEAL OF OFFICE this day of
DETRA DIANNE WHITMORE
MY COMMISSION EXPIRES
A0122,2017 Notary Public in and for the State of Texas
�r
Page 15 of 18
Guinn School Lease Agreement
EXHIBIT "A"
Leased Area
Page 16 of 18
Guinn School Lease Agreement
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Exhibit`B"
Rules and Regulations
I. The Lessee shall not exhibit, sell or offer for sale on the Leased Area or in the
Building any article or thing (except those articles and things essentially
connected with the stated use of the Leased Area by the Lessee) without the
advance consent of Lessor.
2. The Lessee shall not display, inscribe, print, paint, maintain or affix on any place
in or about the Building any sign, notice, legend, direction, figure or
advertisement, except on the doors of the Leased Area and on the Building
directory and then only such name(s) and matter and in such color, size, style,
place and materials as shall first have been approved by the Lessor. The listing of
any name other than that of Lessee, whether on the doors of the Leased Area, on
the Building directory or otherwise, shall not operate to vest any right or interest
in this Lease or in the Leased Area or be deemed to be the written consent of
Lessor to any act of Lessee, it being expressly understood that any such listing is a
privilege extended by Lessor revocable at will by written notice to Lessee.
3. No additional locks or similar devices shall be attached to any door or window
without Lessor's prior written consent. No keys for any door other than those
provided by the Lessor shall be made. If more than two keys for one lock are
desired, the Lessor will provide the same upon payment by the Lessee. All keys
must be returned to the Lessor at the expiration or termination of this Lease.
4. All persons entering or leaving the Building after hours on Monday through
Friday, or at any time on Saturdays, Sundays or holidays, may be required to do
so under such regulations as the Lessor may impose. The Lessor may exclude or
expel any peddler.
5. The Lessee shall not overload any floor. The Lessor may direct the time and
manner of delivery, routing and removal and the location of safes and other heavy
articles.
6. Unless the Lessor gives advance written consent, the Lessee shall not install or
operate any steam or internal combustion engine, boiler, machinery, refrigerating
or heating device or air-conditioning apparatus in or about the Leased Area or
carry on any mechanical business therein or use the Leased Area for housing
accommodations or lodging or sleeping purposes, or do any cooking therein or
use any illumination other than electric light or use or permit to be brought into
the Building any inflammable fluids such as gasoline, kerosene, naphtha and
benzene or any explosive, radioactive materials or other articles deemed extra
hazardous to life, limb or property. The Lessee shall not use the Leased Area for
any illegal or immoral purposes.
7. The Lessee shall cooperate fully with the Lessor to assure the effective operation
of the Building's air-conditioning system.
Page 17 of 18
Guinn School Lease Agreement
8. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not
be obstructed by the Lessee or used for any purpose other than for ingress to or
egress from its Leased Area. The halls, passages, exits, entrances elevators,
stairways and roof are not for the use of the general public and the Lessor shall in
all cases retain the right to control and prevent access thereto by all persons whose
presence, in the judgment of the Lessor, shall be prejudicial to the safety,
character, reputation and interests of the Building and its Lessees. No Lessee and
no employees or invitees of any Lessee shall go upon the roof or mechanical floor
of the Building.
9. Lessee shall not use, keep or permit to be used or kept any foul or noxious gas or
substance in the Leased Area, or permit or suffer the Leased Area to be occupied
or used in a manner offensive or objectionable to the Lessor or other occupants of
the Building by reason of noise, odors and/or vibrations, or interfere in any way
with other Lessees or those having business there, nor shall any animals or birds
be brought in or kept in or about the Leased Area or the Building.
10. Lessee shall see that the doors and windows, if operable, of the Leased Area are
closed and securely locked before leaving the Building and must observe strict
care and caution that all water faucets or water apparatus are entirely shut off
before Lessee or Lessee's employees leave the Building and that all electricity
shall likewise be carefully shut off so as to prevent waste or damage. For any
default or carelessness, Lessee shall make good all injuries or losses sustained by
other Lessees or occupants of the Building or Lessor.
Page 18 of 18
Guinn School Lease Agreement
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTN
COUNCIL ACTION: Approved on 8/2/2016
DATE: 8/2/2016 REFERENCE **L-15933 LOG NAME: 17ED
NO.: SOUTH EASTFTWINCLEASE
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Lease Agreement with Southeast Fort Worth Inc., for Office
Space in the Fort Worth Business Assistance Center Located at 1150 South Freeway
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Five-Year Lease
Agreement with Southeast Fort Worth Inc., for office space at the Fort Worth Business Assistance
Center located at 1150 South Freeway.
DISCUSSION:
The historic James E. Guinn school campus is owned by the City of Fort Worth and managed by the
Economic Development Department. The Fort Worth Business Assistance Center is located in the
former middle school on the campus and provides office, training and conference room space to
organizations involved in small business development.
The lease terms of the Agreement between Fort Worth South Inc. (Lessee) and the City of Fort Worth
(Lessor) are:
The lease begins August 3, 2016 and continues for five years, with two five-year renewal terms;
The lease space consists of Suite 148 located at 1150 South Freeway and the base rent will be
$12.52 per square foot per year plus a monthly charge of $34.06 per phone line for telephone
expenses. The space will be used solely for the purpose of office space and/or education and
training;
Lessor will cover building utilities, maintenance, security, janitorial and any taxes, if any, imposed
on the property using currently budgeted funds (there will be no new impact to the general fund);
and
Lessee may terminate the lease for cause or convenience and shall provide a Notice of Intent to
Terminate.
The total annual revenue collected from this Agreement will be $3,443.00 which represents a total of
$17,215.00 over the five-year term of the Agreement period.
The James E. Guinn School campus is located in COUNCIL DISTRICT 8, Mapsco 77K.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the Economic Development Department will be responsible for
the collection and deposit of funds due to the City under this Agreement. A total amount of
$17,215.00 is expected to be received during the five years of the Agreement. Upon receipt, these
funds will be deposited into the General Fund, Lease Revenue Guinn School, which has total
estimated revenue in Fiscal Year 2016 in the amount of$140,545.00 and year-to-date receipts in the
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22536&councildatC=8/2/2016 8/5/2016
M&C Review Page 2 of 2
amount of$79,640.98.
TO
I'Fund Department Account Project Program Activity Budget Reference# Amount
-� �� ID Year _LJ hartfield 2)�
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (212-2663)
Additional Information Contact: Robert Sturns (212-2663)
ATTACHMENTS
1295 Executed Certificate of Interested Parties.pdf
BAC Reference Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22536&councildate=8/2/2016 8/5/2016
L- I �q-33
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of2
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. 12016-75064
Southeast Fort Worth,Inc,
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/22/2016
being filed,
City of Fort Worth Date A. k o I ed:
1,
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and p1rovide a
description of the services,goods,or other property to be provided under the contract.
Guinn School Lease Agreement
Economic Development for Southeast Fort Worth
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Kerr, Chad Fort Worth,TX United States X
Johnson, Ryan Fort Worth,TX United States X
Jimenez,Alex Fort Worth,TX United States X
Jennings, Devoyd Fort Worth,TX United States X
Forbes,Glenn Fort Worth,TX United States X
Estrada, Erica Fort Worth,TX United States X
Dewar,John Fort Worth,TX United States X
Davis, Reeshemah Fort Worth,TX United States X
Marshall,Stacy Fort Worth,TX United States X
Hawkins,Curvie FortWorth,TX United States X
Sturns,Vernell Fort Worth,TX United States X
Slabach, Frederick Fort Worth,TX United States X
Schell,Jim Fort Worth,TX United States X
Porter,Kimberly Fort Worth,TX United States X
Miller,Lorraine Fort Worth,TX United States X
Forms provided by Texas Ethics Commission www,ethics.state,tx,us Version V1.0,1021
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
2of2
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. 12016-75064
Southeast Fort Worth, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 06/22/2016
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Guinn School Lease Agreement
Economic Development for Southeast Fort Worth
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of per] that the above disclosure is true and correct.
Lorene tonier Fumy
Notary Pubiie,State of Thas
r Commission M 124868928
Expires:03/23/2020
S gnature o au orized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE + �bb'.�,,`/
Sworn and subscribed before me,by the said � '� 1 VZ �� this the oJtiL day of
2o�_ to certify which,witness my hand and seal of office.
Z/ "e a
AAa'az-t1a4 Il
�1(
S n ure o officer ad m tering oath Printed name of officer adminiteri g oath Title of officer ad inistering oath
Forms p ided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021