HomeMy WebLinkAboutContract 33128 CITY SECRETAR &IL CONTRACT NO,
ARTICLE ONE: COMMERCIAL LEASE AGREEMENT
1.01 Date of Lease: October 1, 2005
1.02 Land Lord: Richard Hartman(Licensed Texas Real Estate Broker)
8345 Eagle Mountain Circle
Fort Worth, TX 76135
1.03 Lessee: City of Fort Worth
1.04 Property: Approx. 1,664 square feet of space situated at
920 Roberts Cut Off
Fort Worth, TX 76135
Legal Description: A part of Lots 7D& 8A Forest Acres
Addition to the City of River Oaks, Tarrant County, TX.
1.05 Lease Term: 12 months, commencing on the 1St day of October, 2005
and ending on the 30th day of September, 2006.
1.06 Rent: Eight Hundred and Seventy-Seven Dollars & 89 Cents
($877.89) per month beginning on the renewal date of
October 1, 2005 and ending on September 30th, 2006.
1.07 Security Deposit: NONE
1.08 Last Month's Rent
Payable in advance: NONE
1.09 Permitted Use: Social Services Office
(see Section 4.01)
1.10 Base Year for Taxes: Not Applicable
1.11 Rent to be paid to: Richard L. Hartman
8345 Eagle Mountain Circle
Fort Worth, TX 76135
1.12 Daily Late Charged: Ten Dollars and No/100 ($10.00)Per Day
(See Section 3.02)
1:13 Principal Realtor: NONE
1:14 Cooperating Realtor: NONE
1:15 Realtors Commissions: NONE
ARTICLE TWO: LEASE AND LEASE TERM
2.01 Lease of Property. Landlord hereby leases the Property to Tenant and Tenant hereby
leases the Property from Landlord for the Lease Term stated in Section 1.05. As used herein, the
"Commencement Date" shall be the date specified in Section 1105 for the beginning of the Lease
Term.
2.02 Early Occupancy. If Tenant occupies the Property prior to the Commencement Date,
Tenant's occupancy of the Property shall be subject to all the provisions of this Lease. Early
occupancy of the Property shall not advance the expiration date of this Lease.
2.03 Holding Over. Tenant shall vacate the Property upon the expiration or earlier termination
of this Lease. Tenant shall reimburse Landlord for and indemnity Landlord against all damages
incurred by Landlord from any delay by Tenant in vacating the Property. If Tenant does not
vacate the Property upon the expiration or earlier termination of this Lease, Tenant's occupancy
of the Property shall be a "month-to-month" tenancy, subject to all the terms and provision
applicable to a month-to-month tenancy, except that the rent then in effect shall be increased by
fifty percent(50%).
2.04 Renewal. The Tenant shall have the right to renew the lease term for two (2) additional
years at a rate, which can include a 5%increase each year.
ARTICLE THREE: RENT AND SECURITY DEPOSIT
3.01 Rent. Tenant agrees to pay rent for the Property at the rate specified in Section 1.06.
Tenant shall pay the rent for the first and last (If applicable under Section 1.08) months of the
Lease Term upon the execution of this Lease. One monthly rental installment shall be due and
payable on or before the same day of the second calendar month of the Lease Term as the
Commencement Date, and a like monthly installment shall be due and payable on or before the
same day of each succeeding calendar month during the Lease Term. All rent shall be paid to
the party designated in Section 1.11 at the address stated herein for such party.
3.02 Late Charge. If any rent due hereunder is not received within five (5) days after its due
date, Tenant shall pay the party named in Section 1.11 above a late charge equal to the sum
stated in Section 1.12 above for each day from its due date until such delinquent sum is received.
The parties agree that such late charge represents a fair and reasonable estimate of the cost
Landlord will incur by reason of such late payment.
ARTICLE FOUR: USE OF PROPERTY
4.01 Permitted Use. Tenant may use the Property only for the Permitted Use stated in Section
1.09.
4.02 Compliance with Law. Tenant shall comply with all governmental laws, ordinances and
regulations applicable to the use of the Property, and shall promptly comply with all
2
governmental orders and directives for the correction, prevention and abatement of nuisances on
or upon or connected with the Property, all at Tenant's sole expense.
4.03 Signs. Without the prior written consent of Landlord, Tenant shall not place or affix any
signs or other object upon or to the Property, including but not limited to the roof or exterior
walls of the building or other improvements thereon, or paint or otherwise deface said exterior
walls. Any signs installed by Tenant shall conform with applicable laws and deed and other
restrictions. Tenant shall remove all signs at the termination of this Lease and shall repair any
damage and close any holes caused or revealed by such removal.
4.04 Utilities. Tenant shall pay the cost of all utility services, including but not limited to
initial connection charges, all charges for gas, water, and electricity use on the Property and for
all electric lights, lamps and tubes.
4.05 Landlord's Access. Landlord and its authorized agents shall have the right, during
normal business ours, to enter the Property and any buildings and other improvements thereon to
view, inspect, repair or show the Property. Landlord shall attempt to advise Tenant of the intent
of Landlord or its authorized agents to enter the property.
4.06 Interruption of Service. Interruption or curtailment of services furnished to the Property,
if caused by strikes, mechanical difficulties, or any cause beyond Landlord's control, whether
similar or dissimilar to those enumerated, shall not entitle Tenant to any claim against Landlord
or to any abatement in rent, nor shall the same constitute constructive or partial eviction, unless
Landlord fails to take such measures as may be reasonable in the circumstances to restore the
service without undue delay. If the premises are rendered untenantable in whole or in part for
fifteen (15) business days because of such interruption or curtailment of services (other than
caused by any act or omission of Tenate or its invitees, employees or customers) there shall be a
proportionate abatement of rent during the period of such untenantability.
4.07 Exemptions from Liability. Landlord shall not be liable for any damage or injury to the
person, business (or any loss of income therefrom), goods, wares, merchandise or other property
of Tenant, Tenant's employees, invitees, customers or any other person in or about the Property,
whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water,
gas, or rain; (b) the breakage,,leakage, obstruction or other defects of pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions
arising on or about the Property or upon other portions of any building of which the Property is a
part. Landlord shall not be liable for any such damage or injury even though the cause of or the
means of repairing such damage or injury are not accessible to Tenant. The provisions of this
Section 4.07 shall not, however, exempt Landlord from liability for Landlord's gross negligence
or willful misconduct.
4.08 Parking. Tenant shall make a sincere effort to see that their employees and
customers/clients park in the areas to the front and side of their portion of this building and not
encroach on other tenant's spaces. If Landlord notifies Tenant that additional parking spaces are
needed, Tenant agrees to require their employees to park in the large parking lot to the southeast
side of the Edward Jones office.
3
ARTICLE FIVE: MAINTENANCE,REPAIRS AND ALTERATIONS
5.01 Acceptance of Premises. Tenant acknowledges that Tenant has fully inspected the
Property. Tenant hereby accepts the Property and the buildings and improvements situated
thereon, as suitable for the purpose for which the same are leased, in their present condition
(including all latent or environmental defects or risks), with such changes therein as may be
caused by reasonable deterioration between the date hereof an the Commencement Date;
provided that Landlord agrees to (a) repair promptly any presently installed plumbing, plumbing
fixtures, electrical wiring, lighting fixtures, air conditioning or heating equipment or doors that
are not in good working condition on the Commencement Date of which Tenant delivers written
notice to Landlord within thirty days after the Commencement Date; and(b)make any additional
repairs and alterations necessary for Tenant to obtain a Certificate of Occupancy from the
municipality in which the Property is located, except for those repairs and alterations required
solely because of the nature of Tenant's business. Landlord expressly disclaims and Tenant
waives any and all warranties (including the warranty of suitability), representations and
obligations of Landlord or Landlord's agents that are not expressly stated herein.
5.02 Maintenance and Repairs by Landlord. Landlord shall at its expense maintain only the
roof, foundation, underground pipes, all outside plumbing and the structural soundness of the
exterior wall (excluding all windows, window glass, plate glass, and all doors) of the
improvements on the Property in good repair and condition, except for reasonable wear and tear
and any damage caused by the act or omission of Tenant, or Tenant's invitees, employees or
customers. Tenant shall give immediate written notice to Landlord of the need for repairs or
corrections and Landlord shall proceed promptly to make such repairs or corrections.
5.03 Maintenance and Repairs by Tenant. Tenant shall at its expense and risk maintain all
other parts of the improvements on the Property in good repair and condition, including but not
limited to repairs (including all necessary replacements) to the interior plumbing, windows,
window glass,plate glass, doors, maintain heating and air-conditioning unit (installed July 1999),
fire protection, sprinkler system, elevators, and the interior of the said improvements in general.
Provided,however that if Tenant occupies a portion of a multi-tenant building, then Tenant shall
not have to maintain the landscaping, grass areas, outside paving or railroad siding, if any. In the
event Tenant should neglect reasonably to maintain the demised premises, Landlord shall have
the right (but not the obligation) to cause repairs or corrections to be made and any reasonable
costs therefore shall be payable by Tenant to Landlord as additional rental on the next rental
payment due date. Upon termination of this Lease Tenant shall deliver up the Property in good
repair and condition, reasonable wear and tear, and damage by fire, windstorms or other casualty
excepted. Tenant shall repair any damage caused by Tenant's act or omission, or the act or
omission of Tenant's invitees, employees or customers.
5.04 Alterations. Tenant shall not create any openings in the roof or exterior wall, or make
any alterations, additions or improvements to the Property without the prior written consent of
Landlord. Consent to nonstructural alterations, additions or improvements shall not be
unreasonably withheld by Landlord. Tenant shall have the right to erect or install shelves, bins,
machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant
4 ',
complies with all applicable governmental laws, ordinances and regulations. At the expiration or
termination of this Lease, Tenant shall, subject to the restrictions of Section 5.05 below, have the
right to remove such items so installed by it, provided Tenant is not in default at the time of such
removal and provided further that Tenant shall, at the time of removal of such items, repair in a
good and workmanlike manner any damage caused by installation or removal thereof. Tenant
shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the
Property and shall not permit a mechanic's or materialman's lien to be asserted against the
Property.
5.05 Condition Upon Termination. Upon the termination of this Lease, Tenant shall surrender
the Property to Landlord, broom clean and in the same condition as received except for ordinary
wear and tear which Tenant was not otherwise obligated to remedy under any provision of this
Lease. However, Tenant shall not be obligated to repair any damage, which Landlord is required
to repair under Article Five. In addition, Landlord may require Tenant to remove any alterations,
additions or improvements (whether or not made with Landlord's consent) prior to the
termination of this Lease and to restore the Property to its prior condition, all at Tenant's
expense. All alterations, additions and improvements which Landlord has not required Tenant to
remove shall become Landlord's property and shall be surrendered to Landlord upon the
termination of this Lease. In no event however, shall Tenant remove any of the following
materials or equipment without Landlord's prior written consent: any power wiring or power
panels; lighting or lighting fixture; wall coverings; drapes, blinds or other window coverings;
carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning
equipment; fencing or security gates; or other similar building operations equipment and
decorations.
ARTICLE SIX: INSURANCE AND INDEMNITY
6.01 Property Insurance. Tenant shall not keep anything upon the Property or do anything in
or about Property except the usage specified herein, which will increase the rates for fire and
standard extended coverage insurance upon the building or buildings which are a part of the
Property Tenant agrees to pay on demand any increase in insurance premiums that may be
charged to Landlord during the term of this Lease resulting from a deviation from the usage
specified herein or from any other cause within Tenant's control. Tenant shall be responsible for
maintaining insurance on Tenant's equipment and other personal property located on the
Property.
6.02 Liability Insurance. The Landlord/Tenant agrees that the City of Fort Worth is self-
insured and will provide a letter indicating the same.
6.03 Waiver of Subrogation. Landlord and Tenant each hereby waive any and all rights of
recovery against the other, or against the officers, employees, agents or representatives of the
other, for loss or damage to its property, or the property of others under its control, if such loss of
damage is covered by any insurance policy in force (whether or not described in this Lease) at
the time of such loss or damage; provided, however, such waiver is made only on the condition
that it does not adversely affect the right of the insured to recover under the applicable insurance
5
policy or policies. Upon obtaining the policies of insurance described in this Lease, Landlord
and Tenant shall give notice to the insurance carrier or carriers of the foregoing mutual waiver of
subrogation and shall use such insurance policies to be properly endorsed, if necessary, to
prevent the invalidation of the insurance coverage by reason of such mutual waiver.
ARTICLE SEVEN: ASSIGNMENT AND SUBLETTING
Tenant shall not assign this agreement or sublet the premises, or any part thereof without the
consent of the Landlord in writing, which consent Landlord agrees it will not unreasonably
withhold,but no assignment or subletting shall release Tenant from any obligations hereunder.
ARTICLE EIGHT: DAMAGE OR DESTRUCTION
In the event the building or other improvement situated on the Property are partially damaged or
destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give
immediate notice to Landlord. Landlord may repair the damage and restore such building or
other improvements to substantially the same condition as immediately prior to the casualty.
Such repairs shall be made at Landlord's expense unless due to the act or omission of Tenant or
Tenant's invitee, employees or customers. Landlord shall allow Tenant a fair reduction of rent
during the time such building or other improvements are partially unfit for occupancy. If the
building or other improvements situated on the Property are totally destroyed or deemed by
Landlord to be rendered unfit for occupancy by fire or other casualty, or if Landlord shall decide
not to repair or rebuild this Lease shall terminate and the rent shall be paid to the date of such
casualty.
ARTICLE NINE: DEFAULT AND REMEDIES
9.01 Default. The following events shall be deemed to be events of default under this Lease:
a. Failure of Tenant to pay any installment of the rent or other sum payable to Landlord
hereunder on the date that same is due and such failure shall continue for a period of
five (5) days;
b. Failure of Tenant to comply with any term, condition or covenant of this Lease, other
than the payment of rent or other sum of money and such failure shall not be cured
within thirty(30) days after written notice thereof to Tenant;
c. Tenant shall make an assignment for the benefit of creditors;
d. Abandonment by Tenant of any substantial portion of the Property of cessation of the
use of the Property for the purpose leased.
9.02 Remedies. Upon the occurrence of any of the events of default listed in Section 9.01,
Landlord shall have the option to pursue any one or more of the following remedies without any
notice or demand whatsoever;
a. Terminate this Lease, in which event Tenant shall immediately surrender the Property
to Landlord. If Tenant fails to so surrender such premises, Landlord may, without
prejudice to any other remedy, which it may have for possession of the Property w...,.....-
6
arrearages in rent, enter upon and take possession of the Property and expel or remove
Tenant and any other person who may be occupying such premises or any part thereof.
Landlord may hold Tenant liable for all rent and other indebtness accrued to the date of
such termination,plus, as liquidated damages and not as a penalty, an amount equal to the
then present value of rent provided for hereunder for the remaining portion of the Lease
Term (had this Lease not been terminated) using a ten (10%) percent value discount
factor. In the event Landlord elects to terminate this Lease by reason of an event of
default, in lieu of recovering from Tenant under the preceding sentence, Landlord may
hold Tenant liable for the amount of all loss and damage which Landlord may suffer by
reason of such termination, whether through inability to relet the Property on satisfactory
terms or otherwise.
b. Enter upon and take possession of the property without terminating this Lease, and
expel or remove Tenant and any other person who may be occupying such premises or
any part thereof. Landlord may relet the Property and receive the rent thereof. Tenant
agrees to pay to Landlord monthly or on demand from time to time any deficiency that
may arise by reason of any such releting. In determining the amount of such deficiency,
the brokerage commission, attorney fees, remodeling expenses and other cost of releting
shall be subtracting from the amount of rent received under such releting.
c. Enter upon the Property without terminating the Lease, and do whatever Tenant is
obligated to do under the terms of this Lease. Tenant agrees to pay Landlord on demand
for expenses which Landlord may incur in this effecting compliance with Tenant's
obligations under this Lease, together with interest thereon at the rate of twelve (12%)
percent per annum from the date expended until paid. Landlord shall not be liable for
any damages resulting to Tenant from such action, whether caused by negligence of
Landlord or otherwise.
d. Tenant is presumed to have abandoned the Property it Tenant's goods, equipment, or
other property are removed from the Property in an amount substantial enough to indicate
a probable intent to abandon the Property and such removal is not within the normal
course of Tenant's business. In the event that Tenant is presumed to have abandoned the
Property; Landlord may remove and store any property of Tenant that remains on the
Property. Landlord may store such property at any location satisfactory to Landlord.
Landlord may dispose of such stored property after the expiration of sixty(60) days from
the date such property is so stored. Landlord shall deliver by certified mail to Tenant at
Tenant's last known address as shown by Landlord's records a notice stating that
Landlord may dispose of Tenant's property if Tenant does not claim the same within
sixty(60) days after the date the property was stored.
e. In the event Tenant is in default under this Lease by reason of Tenant's failure to pay
rent as set forth above then Landlord may, at Landlord's option, change all door locks
and leave a written notice on a door to Tenant's leased premises stating the name and
address or telephone number of the individual from whom a new key can be obtained
during Tenant's regular business hours, which are defined for this purpose as being
between 9:00 a.m. and 5:00 p.m. on Monday through Friday of each week. Tenant
a :
7 VJu
hereby waives the three (3) days written notice to vacate required by Texas Property
Code Section 24.005 and the filing of a Forcible Entry and Detainer lawsuit.
Upon the occurrence of any of such events of default, Landlord may enter upon and take
possession of the Property by force, if necessary, without being liable for prosecution of
any claim for damages therefore. Pursuit of any of the foregoing remedies shall not
preclude pursuit of any of the other remedies provide by law, nor shall pursuit of any
remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord
hereunder or of any damages accruing to Landlord by reason of the violation of any of
the terms, condition and covenants herein contained.
ARTICLE TEN: REALTOR'S COMMISSIONS
10.01 Amount and Manner of payments of Lease Commissions: Landlord agrees to pay
to the Principal Realtor® a commission for negotiating this Lease equal to the percentage
stated in Section 1.15A of the total rent to become due to the Landlord during or because of(i)
the Lease Term; (ii) each period of occupancy of the Property by Tenant, its affiliates,
successors or assigns, beyond the Lease Term, whether such continued occupancy be caused
by renewal, extension, holding over, new lease or agreement or otherwise and whether upon
the same or different terms, conditions of covenants of this Lease; (iii) any expansion, lease
extension renewal or other rental agreement with Landlord, its affiliates, successors or assigns,
demising to Tenant, its affiliates, successors or assigns, any premises located on or
constituting all or part of any tract or parcel of real property adjoining, adjacent to or
contiguous to the Property. Said lease commission shall be paid in accordance with Section
1.15A. If the lease commission is payable in cash under Section 1.15A (ii), the lease
commission for any continued occupancy or expansion, as provided above, shall be payable in
cash for the entire term of any such continued occupancy or expansion at the beginning of
such term and at the beginning of any subsequent term.
10.02 Commission on Purchase. In the event Tenant, its affiliates, successors or
assigns, should purchase the Property during the term of this Lease (as the same may be
renewed or extended) and for a period of one hundred twenty (120) days after Tenant, its
affiliates, successors or assigns, vacates the Property, Landlord shall pay to the undersigned
Principal Realtor® a sales commission in cash equal to the percentage stated in Section 1.15B
of the purchase price payable at the closing. Upon the closing of such sale, the lease
commission payments shall terminate if the lease commission is payable in installments in
accordance with Section 1.15A(i): or, in the event the lease commission is payable in cash in
accordance with Section 1.15 A(ii), Landlord shall receive a credit against the sales
commission equal to the total lease commission paid by Landlord to the Principal Realtor®
multiplied by the unexpired percentage of the Lease Term as of the date of such closing. (In
the event the Principal Realtor® is paid a lease commission in cash in accordance with Section
1.15A(ii) for any continued occupancy beyond the Lease Term or expansion, such credit shall
be equal to the total lease commission paid for such continued occupancy or expansion
multiplied by the unexpired percentage of the term of such continued occupancy or expansion
as of the date of such closing).
N9
10.03 Protection of Realtors®. If Landlord sells the Property, or assigns Landlord's
interest in this Lease, the buyer or assignee shall, by accepting such conveyance of the
Property or assignment of the lease, by conclusively deemed to have agreed to make all
payments to Principal Realtor®, thereafter required of Landlord under this Article Ten.
Principal Realtor® shall have the right to bring a legal action to enforce or declare rights
under this provision. The prevailing party in such action shall be entitled to reasonable
attorneys fees to be paid by the losing party. This section is included in this lease for the
benefit of Principal Realtor®.
10.04 Realtor's Lien. The Principal Realtor® is hereby granted a lien against the
Property to secure payment of al commissions payable under the Article Ten (including any
additional commissions which may hereafter become payable by reason of renewals, new
leases,rental agreements sales on otherwise). This lien is subject to the rights of Tenant under
this Lease, but prior and superior to any liens hereafter created against the Property, excepting
only liens in favor of banks, insurance companies, savings and loan associations and similar
regulated financial institutions securing, indebtedness incurred for the purpose of acquiring the
Property or constructing, repairing, rebuilding or remodeling buildings and other improvement
thereon,to all of which liens the lien hereby created shall be subordinate and inferior.
10.05 Payment to Principal Realtor®. Landlord shall be liable for payment of all
commissions to Principal Realtor® only, whereupon it shall be protected from any claims
from any Cooperating Realtor® or broker.
ARTICLE ELEVEN: CONDEMNATION
Landlord shall notify Tenant if Landlord receives notice of any potential condemnation of the
Property of portion hereof. If all or any portion of the Property is taken under the power of
eminent domain or sold under the threat of that power(all of which are called"Condemnation'),
this Lease shall terminate as to the part taken or sold on the date the condemning authority takes
title or possession,whichever occurs first. If more than 20 percent (20%) of the floor area of the
building in which the Property is located, or which is located on the Property, is taken, either
Landlord to Tenant may terminate this Lease as of the date the condemning authority takes title
or possession, by delivering written notice to the other within ten (10) days after receipt of
written notice of such taking (or in the absence of such notice, within ten (10) days after the
condemning authority takes title possession). If neither landlord nor Tenant terminates this
Lease, this Lease shall remain in effect as to the portion of the Property not taken, except that the
rent shall be reduced in proportion to the reduction in floor area of the Property. Any
Condemnation award or payment shall be distributed in the following order: (a) first, to any
ground lessor, mortgage or beneficiary under a deed of trust encumbering the Property, the
amount of its interest in the Property; (b) second, to Tenant, only the amount of any award
specifically designated for loss of or damage to Tenant's trade fixture or removable personal
property; and (c) third, to Landlord the remainder of such award, whether as compensation for
reduction in the value of the leasehold, the taking of the fee, or otherwise. If this Lease is not
terminated, landlord shall repair any damage to the Property caused by the Condemnation,
except the Landlord shall not be obligated to repair any damage for which Tenant has been
reimbursed by the Condemning authority. If the severance damages received by Landlord are
9
not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease
or make such repair at Landlord's expense.
ARTICLE TWELVE: TAXES
12.01 Payment by Landlord. Landlord shall pay the real estate taxes on the Property during the
Lease Term.
12.02 Payment by Tenant. Tenant shall pay the party named in Section 1.11 above, as
additional rental, the excess, if any, of the real estate taxes on the Property for the base year state
in Section 1.10. Tenant shall make such payment within fifteen (15) days after receipt of a
statement showing the amount and computation of such increase. Tenant shall be responsible for
the pro-rata portion of such additional rental for any fractional part of a year preceding the end of
the Lease Term, which prorated sum shall be due and payable upon their termination of this
Lease. If the termination of this Lease occurs before the tax rate is fixed for the particular year,
the proration, shall be upon the basis of the tax rate for the preceding year applied to the latest
assessed valuation, and notwithstanding the termination of this Lease, any difference in the
actual real estate taxes for such year shall be adjusted between the parties upon receipt of written
evidence of the payment thereof.
12.03 Point Assessment. If the Property is not separately assessed, Tenant's share of the real
estate taxes payable by Tenant under Section 12.02 shall be determined from reasonably
available information. Landlord shall make a reasonable determination of Tenant's
proportionate share of such real estate taxes and Tenant shall pay such share to Landlord within
fifteen(15) days after receipt of Landlord's written statement.
12.04 Contest by Tenant. Tenant may at its own expense, contest any tax or assessment for
which Tenant may be wholly or partially responsible. Except as hereinafter provided, Tenant
need not pay the tax, assessment or charge during the pendency of the contest and Tenant may
prevent Landlord from paying any tax, assessment of charge that Tenant is contesting pursuant is
contesting pursuant to this section 12.04, pending any resolution of the contest, by depositing
with Landlord, before such tax, assessment or charge becomes delinquent, Tenant's portion of he
full amount of the tax or assessment, plus the full amount of any penalty that might be imposed
for failure to make timely payment and six (6) months of interest at the rate imposed by the
entity levying the tax or assessment. Upon final resolution of the tax or assessment contest,
Landlord may use the money deposited by Tenant to pay Tenant's portion of any tax or
assessment, plus the full amount of any penalty or interest, due under the final resolution, and
Tenant shall receive the balance of the deposit, if any. If the deposit is insufficient to pay these
amounts, Tenant must immediately pay such insufficiency to Landlord. Notwithstanding the
foregoing, Landlord may pay, or require Tenant to pay, any tax, assessment or charge, or any
portion thereof, for which Tenant is responsible under this Article Twelve, pending resolution of
Tenant's contest of the tax, assessment or charge, if payment is demanded by a holder of a
mortgage on the property, or if failure to pay will subject all or part of the Property to Forfeiture
or loss. Landlord reserves the right to contest any tax assessment or charge on the Property.
10
ARTICLE THIRTEEN: LANDLORD'S LIEN
In addition to the statutory landlord's lien, Tenant, hereby grants to Landlord a security interest
to secure payment of all rent and other sums of money becoming due hereunder from Tenant,
upon all goods, wares, equipment, fixtures, furniture and other personal property of Tenant
situated in or upon the Property, together with the proceeds from the sale or lease thereof. Such
property shall not be removed without the consent of Landlord until all arrearages in rent and
other sums of money then due to Landlord hereunder shall first have been paid and discharged.
Upon request by Landlord, Tenant agrees to execute and deliver to Landlord a financing
statement in form sufficient to perfect the security interest of Landlord in the aforementioned
property and proceeds thereof under the provisions of the Uniform Commercial Code in force in
the State of Texas.
ARTICLE FOURTEEN: SUBORDINATION, ATTORNMENT AND NON-DISTRUBANCE
14.01 Subordination, Landlord shall have the right to subordinate this Lease to any ground
Lease, deed of trust or mortgage encumbering the Property, and advances made on the security
thereof and any renewals, modifications, consolidations, replacements or extensions thereof,
whenever made or recorded. However, Tenant's right to quiet possession of the Property during
the Lease Term shall not be disturbed if Tenant pays the rent and performs all of Tenant's
obligations under this Lease and is not otherwise in default. If any ground lessor, beneficiary or
mortgagee elects to have this Lease prior to the lien on its ground lease, deed of trust or
mortgage and gives written notice thereof to Tenant, this Lease shall be deemed prior to such
ground lease, deed of trust or mortgagee whether this lease is dated prior or subsequent to the
date of said ground lease, deed of trust or mortgage or the date of recording thereof.
14.02 Attomment. If Landlord's interest in the Property is acquired by any ground lessor,
beneficiary under a deed of trust, mortgage or purchase at a foreclosure sale, Tenant shall attorn
to the transferee of or successor to Landlord's interest in the Property and recognize such
transferee or successor as Landlord under this Lease. Tenant waives the protection of any statute
or rule of law which gives or purports to give Tenant any right to terminate this Lease or
surrender possession of the Property upon the transfer of Landlord's interest.
14.03 Signing of Documents. Tenant shall sign and deliver any instruments or documents
necessary or appropriate to evidence any such attornment of subordination or agreement to do so.
If Tenant fails to do so within ten (10) days after written request, Tenant hereby makes,
constitutes and irrevocable appoints Landlord, or any transferee or successor of Landlord the
attorney-in-fact of Tenant to execute and deliver any such instrument or documents.
14.04 Estoppel Certificates.
(a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to
Landlord a written statement certifying (i) that none of the terms or provisions of this
lease have been changed (or if they have been changed, stating how they have been
changed); (ii)that this Lease has not been cancelled or terminated; (iii)the last date of
payment of the rent and other charges and the time period covered by such-pAyment;
and (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to
be in default, stating why). Tenant shall deliver such statement to Landlord within
ten (10) days after Landlord's request. Any such statement by Tenant may be given
by Landlord to any prospective purchaser or encumbrancer of the Property. Such
purchaser or encumbrancer may rely conclusively upon such statement as true and
correct.
(b) If Tenant does not deliver such statement to Landlord within such ten (10) day period,
Landlord, and any prospective purchaser or encumbrancer, may conclusively presume
and rely upon the following facts: (i) that the terms and provisions of this Lease have
not been changed except as otherwise represented by Landlord; (ii) that this Lease has
not been cancelled or terminated except as otherwise represented by the Landlord;
(iii) that not more than one month's rent or other charges have been paid in advance;
and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall
be estopped from denying the truth of such facts.
ARTICLE FIFTEEN: MISCELANEOUS
15.01 Exhibits. All exhibits, attachments, annexed instruments and addenda referred to herein
shall be considered a part hereof for all purposed with the same force and effect as if copied at
full length herein.
15.02 Interpretation. Words of any gender used in this Lease shall be held and construed to
include any other gender, and words in the singular shall be held to include the plural, unless the
context otherwise requires. In any provision relating to the conduct, acts or omissions of Tenant,
the term "Tenant" agents, employees, contractors, invitees, successors, permitted assigns or
others using the Property with Tenant's expressed or implied permission.
15.03 Captions. The captions or heading or paragraphs in the Lease are inserted for
convenience only, and shall not be considered in construing the provisions hereof if any
questions of intent should arise.
15.04 Waivers, All waivers must be in writing and signed by the waiving party. Landlord's
failure to enforce any provision of this Lease or its acceptance of rent shall not be a waiver and
shall not prevent Landlord from enforcing that provision or any other provisions of this Lease in
the future. No statement on a check from Tenant or in a letter accompanying a payment check
shall be binding on Landlord. Landlord may, with or without notice to Tenant, negotiate such
check without being bound to the conditions of such statement.
15.05 Severability. A determination by a court of competent jurisdiction that any provision of
this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the
remainder of such provision of this Lease, which shall remain in full force and effect.
15.06 Joint and Several Liability. All parties signing this Lease as Tenants shall be jointly and
severally liable for the obligations of Tenant.
12
15.07 Incorporation of Prior Agreements; Modifications. This lease is the only agreement
between the parties pertaining to the lease of the Property and no other agreements are effective.
All amendments to this Lease shall be in writing and signed by all parties. Any other attempted
amendment shall be void.
15.08 Binding Effect. The terms, conditions and covenants contained in the Lease, shall apply
to, inure to the benefit of, and be binding upon the parties hereto and their respective heirs,
representatives, successors and permitted assigns, except as otherwise herein expressly provided.
All rights powers, privileges, immunities and duties of Landlord under this Lease including but
not limited to any notices required or permitted to be delivered by Landlord to Tenant hereunder,
may, at Landlord's option,be exercised or performed by Landlord's agent or attorney.
15.09 Notices. Any notice or document required or permitted to be delivered hereunder shall
be deemed to be delivered whether actually received or not when deposited in the United States
mail, postage prepaid, registered or certified mail, return receipt requested, addressed to parties
hereto at the respective addresses stated herein, or at such other addresses as they have therefore
specified by written notice delivered in accordance herewith. Notices to Tenant shall be
delivered to address specified on the signature page hereof, except that, upon Tenant's taking
possession of the Property, the Property address shall be Tenant's address for notice purposes.
15.10 Force Majeure. In the event performance by Landlord of any term, condition or covenant
in this Lease is delayed or prevented by any Act of God, strike, lockout, shortage of material or
labor, restriction by any governmental authority, civil riot, flood or any other cause not within
the control of Landlord, the period of performance of such term, condition or covenant shall be
extended for a period equal to the period Landlord is so delayed or hindered.
15.11 Time of Essence. Time is of the essence of this Lease.
ARTICLE SIXTEEN: SPECIAL PROVISIONS AND RIDERS.
Special provisions may be set forth in the blank space and/or on a rider or riders attached
hereto. If no additional provisions are to be inserted in the blank space below, please draw a line
through such space. If no rider or riders are to be attached hereto, please state "No Riders in the
blank space below. If a rider or riders are to be attached hereto, please state in the blank space
below: "See Rider or Riders Attached," and please have Landlord and Tenant initial all such
riders.
No Riders
j
C7• r
13 �,,
EXECUTED as of the date stated in Section 1.01 above.
EXECUTED as of the date stated in Section 1.01 above.
LANDLORD T ANT/CITY FORT WORTH
Signature •�C Signatur
By: Richard Hartman By: Libby Watson
TITLE: Landlord TITLE: Assistant City Manager
ADDRESS: 8345 Eagle Mountain Cir. ADDRESS: 1000 Throckmorton Street
Fort Worth, TX. 76135 Forth Worth, TX 76102
Date of execution by Landlord: Date of execution by Tenant:
PRINCIPAL REALTOR®,MEMBER OF THE COOPERATING REALTOR®
GREATER FORT WORTH BOARD OF REALTORS®
By: By:
ADDRESS: ADDRESS:
Attested By:
APPROVED AS TO
FORM c f��
AND LEGALITY: 1 `x ---
c
Dtarty Hendr
City Secretary
ASVSIS CITY ATTORNEY
cont ct Author nation
14
ITO DZ
Date
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16581-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 80TARRANT REFERENCE NO.: **C-20994
SUBJECT:
Authorize Acceptance of Funds for Tarrant County for Fiscal Year 2005-06; Execution of Lease
Agreement for the Operation of Two Community Action Partners Centers; Authorization of Interfund
Loan and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept funds in the amount of $22,800.00 from Tarrant County for
FY2005-2006 for two Community Action Partners (CAP) Centers beginning October 1, 2005, and expiring
September 30, 2006;
2. Authorize the City Manager to execute a lease agreement with the Bethlehem Baptist Church, for the
Far Southeast CAP in an amount not to exceed $550.00 per month and Richard Hartman for the Far
Northwest CAP in an amount not to exceed $894.61 per month. Each agreement is to begin October 1,
2005 and expire September 30, 2006;
3. Authorize a non-interest bearing, inter-fund loan from the General Fund to the Grants Fund in the
amount of$5,700.00 for interim financing of this grant project, pending contract execution; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $22,800.00 from available funds.
DISCUSSION:
Tarrant County provides funding for the operation of two CAP Centers. The Far Southeast CAP, located at
1188 West Broad, in Mansfield, Texas and the Far Northwest CAP, located at 920 Roberts Cut Off, in River
Oaks, Texas, both are located outside city limits. Following the approval of the Tarrant County budget, any
operating expense incurred by the City for the operation of these centers will be reimbursed by Tarrant
County.
1. Lease for the Far Southeast CAP is $6,600.00 per year(including water/waste costs);
2. Lease for the Far Northwest CAP is $10,735.32 per year(not including utilities); and
3. The remaining funds $5,464.68 will be used to supplement the costs of utilities and telephones.
The Far Southeast and Far Northwest Centers will continue to provide case management, information and
referral services, client intake and assessment, emergency assistance, including the Comprehensive
Energy Assistance Program and other social services to low-income households in Southeast and
Northwest Tarrant County.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006
Page 2 of 2
The costs to operate the referenced CAP Centers are wholly underwritten by federal, state and county
funds.
The interim financing is requested to provide a smooth transition from one grant funding cycle to the
next. Interim financing is only a temporary loan pending contract execution.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the FY2006 operating budget, as appropriated,
of the Grants Fund. Upon execution of the grant contract, the interim interfund loan will be returned to the
General Fund.
TO Fund/Account/Centers FROM Fund/AccounVC enters
GR76 220001 000422051000 $5,700.00 GG01 136076 0000000 $5,700.00
GR76 451345 080422051000 $22,800.00
GR76 5VARIOUS 080422051010 $22.800.00
Submitted for City Manager's Office bx: Libby Watson (6183)
Originating Department Head: Randle Harwood (5704)
Additional Information Contact: Leona Johnson (5775)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006