HomeMy WebLinkAboutContract 35126CiTY �'�� � I Z� -� �
CONTRACT N0.
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Ron Crabtree
:vlonroe Street Professional Building
2400 Ellis
Fort Worth, TX 76164
Re: First Renewal of Lease A�eement benveen the City of Fort Worth ("TenanY') and
Monroe Street Professional Building ("Landlord") for 4,b04 sf at 900 Monroe, Suite 404
("Leased Premises") (as previously amended, the "Lease") (City Secretary Contract No.
35126)
Dear Mr. Crabtree:
Tliis letter is to confirm our a��eement as to the first renewal term of the Lease,
The Lease term originally began on March 1, 2007 with a termination date of
February 28, 2012. The Lease contemplates two additional renewal terms, the first
beginning March 1, 2012 and terminating on February 28, 2017.
Tenant would Iike to exercise the first option to renew the lease, and Landlord
agrees to grant such extension. The Lease contemplates a rental rate during the first
renewal term of � 16.00/sf. The parties agree to change this rate to $14.50/sf.
This letter agreement is to document that the parties mutually agree to extend the
term of the lease until February 28, 2017, and that the rental rate during the first renewal
term will be � 14.50/sf.
The signatures belo�v indicate each party's concurrence with these terms. This
letter a�-eement has the same authority as an amendment to the Lease, and will be
recorded in the Office of the City Secretary of Fort Worth.
(SIGNAT`URES ON FOLLO�'ING PAGE)
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CITY SECRET/ARY
FT. WORTH, iX
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CITY OF FORT �VORTH
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Fernando Costa,
Assistant City Manager
APPROVED AS TO FORiV1 AND LEGALITY:
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L�eann��D. Guzman, .
Assistant City Attorney
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MONROE STREET PROFESSIONAL BUILDING
By: Cacharel Inc, its neral partner
B y: W�- � "
Ron Crabtree, President
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OFFIGIAL R��O��
CI'TY SECR�TARY
� FT. WOR�'H, TX
LEASE AGREEMENT
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STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the 1 st day of March
2007 the effective date hereof, at Fort Worth, Texas, by and between Monroe Street
Professional Building, Ltd. (Lessor), and the City of Fort Worth, a municipal corporation,
acting by and through its dulq authorized representative, Assistant City Manager, Marc
A. Ott (Lessee). The term "Lesso�" shall include the agents, representatives, employees
and contractors of Lessor. The term "Lessee" shall include the agents, representatives,
and employees of Lessee.
SECTION 1. Leased Premises. For and in consideratian af the rental payments to be
�a=a '�„�Ar yl;�g T PacP� T.Pcenr 1PagP� tn T,ess�e and Lessee leases from Lessor:
Appro�mately 4,604 rentable square feet of office space in the Monroe Building
(the `Building") at 900 Monroe Street, Fort Worth, Tarrant County, Texas, a more
particular description of which is attached as "E�ibit A".
This office space as described above together with any and all structures,
improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred
to as the "Leased Premises."
The boundaries and location of the Leased Premises are described on the attached
Exhibit A and made a part thereof.
SECTION 2. Use of Premises. The Leased Premises shall be used primarily for
administrative of�ices for the City of Fort Worth.
The Leased Premises may not be used for any illegal activity, or any activity of a
hazardous or high-risk nature that would endanger property or human safety. Lessee will
take measures to guard against any condition at the Leased Premises of an illegal nature,
or of a hazardous or high-risk nature that would endanger property or human safety.
SECTION 3. Term and Rent. This Lease shall be for a period of five (5) years
commencing on March 1, �2007, and terminating on February 28, 2012, unless a prior
ternunation is effected by either Lessor or Lessee under the termination provisions of this
Lease. During the first year of the initial five year term, Lessee shall pay Lessor annual
rent Qf $12.10 per square foot per year, payable in equal monthly installments of
$4,642.37. For years two through five of the initial five year term, the rent amount shall
increase to $14.50 per square foot annually, payable in equal monthly i�stallments, af _
$5,563.17. The rental payment shall be made to the Lessor on the first day � f ea�h mo,n�lr ,,�i i;;;
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during the term of the Lease and the first day of the month during any e�ension of the
Lease. Rent for any partial calendar months shall be prorated on a per diem basis.
Lessee shall have the right to renew this Lease for a ma�mum of two successive five-
year terms. The terms of the Lease shall continue to govern and control the relationship
of the parties during the renewal periods. Rent for each of the renewal terms shall be as
follows:
Renewal Term Rent rate�er s�uare foot per vear Monthly rent installment
1�: $16.00 $6,138.67
Znd_ $18.50 $7,097.83
SECTION 4 Taxes, Insurance, Utilities, Care of the Leased Premises and Buildin�
Operatin� Exnenses, Maintenance and Service. Lessor agrees to be responsible for the
payment of all electricity, natural gas, water, or other utility charges that come due and
payable during the term Lessee occupies the Leased Premises.
Lessee shall pay its pro rata share of any increase in taxes, insurance, utilities,
(which shall include water, sewer, trash, electricity and gas), building operating expenses
which shall be defined as follows: As used herein, the term "Operating Expenses" means
all costs and expenses incurred or accrued in each calendar year in connection with the
ownership, operation, maintenance, repair, janitorial service and protection of the
Property which are directly attributable or reasonably allocable to the Property (including
the Building and the Common Area). Including Landlord's personal property used in
connection with the Property and including all costs and expenditures relating to the
property used in connection with the Property and including all costs and expenditures
relating to the following: (1) operation, maintenance and repair of any part of the
Property, and replacement of non-capital items that are part of the Property, including
the mechanical, electrical, plumbing, HVAC, vertical transportation, fire prevention and
warning and security systems (but with respect to replacement of any such systems or
components of such systems, only to the e�ent that such system or components are not
capital items); materials and supplies (such as building standard light bulbs and ballasts);
equipment and tool; floor, wall and window coverings; personal property; required or
beneficial easements; and related service agreements and rental expenses, to the e�ent
they exceed the actual cost of those items for the calendar year 2004 Tenant's annual
increases shall not exceed five percent (5%) per year exclusive of taxes, insurance and
utilities.
Lessor agrees to pay all taxes and insurance as they come due. Lessor shall keep
the Leased Premises in good, clean habitable condition, normal wear and tear expected.
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SECTION S Improvements, Reqairs, Replacements, Additions and Removals.
Lessor, in accordance with Section 4 of the Lease, shall maintain in good repair
the roof, foundation, e�erior walls, heating air conditioning, electrical, plumbing and
interior painting or other treatment of interior walls of the common areas of the Building.
Lessee agrees to give Lessor written no�ice of defects or need for repairs in the
roof, foundation, e�rterior walls, heating, air conditioning, electrical, and plumbing of the
Leased Premises. Lessee will provide such written notification as soon as it discovers
repairs are necessary and Lessor shall complete or have completed the repairs or
maintenance within ten (10) days of receiving such notification (or if repair is not capable
of being completed within ten (10) days, within a reasonable time thereafter, so long as
Lessor is diligently pursuing such repair). Failure of the Lessor to complete such repairs
or maintenance shall be considered a default under the Lease.
SECTTON 6. Insurance. Lessor agrees to insure the structure and premises of 900
Monroe Street, Fort Worth, Tarrant County, Texas 76102. Such insurance shall provide
protection for liability, fire and casualty, and property damage for the property owned by
the Lessor, situated at, and including, the Leased Premises. Verification of this coverage
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liability or financial obligation for the acquisition or maintenance of such insurance; all
costs incurred during the course of insuring the premises shall be borne solely by the
LessOr.
SECTIOloT 7. Liabilitv and Hold Ha�inless. I.�SS�R C���leTANTS Al`�
AGREES TO RELEASE, INDEMNIFY, HOLD AA1�MI,ESS AND DEFEND
LESSEE, ITS �FFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIlVIS OR SUTTS FOR PROPERTY
DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR
ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE
OF THIS LEASE OR THE USE OR OCCUPANCY OF THE LEASED
PRENIISES, REGARDLESS OF WHETHER THE ACT OR OMISSION
COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY
OTHER ACT OR ONIISSION OR LESSOR, LESSEE, OR ANY THIRD PARTY.
LESSOR SHALL LIKEWISE RELEASE, INDElViNII`Y, HOLD
AA1�21ViT.ESS AND DEFEND LESSEE FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS RELATED IN ANY WAY TO ANY DAMAGE TO, OR
DEFECTS IN, THE LEASED PREMISES OR ANY OTHER ADVERSE
CONSEQUENCES RELATED TO THE LEASED PREMISE5, REGARDLESS OF
WHETHER THE ACT OR ONIISSION COMPLAINED OR RESULTS FROM
THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR ONIISSION OF
LESSOR, LESSEE, OR ANY THIItD PARTY.
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900 Monroe Street L,ease Agreement � �� �''j';�l' �y�Ll �'� Page 3 of 11
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TO THE EXTENT PERMITTED BY LAW, LESSEE SHALL
]NDElVINII+'Y, PROTECT, DEFEND AND HOLD HARNII�ESS LESSOR AND TI'S
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS,
OFFICERS, DIltECTORS, SHAREH4LDERS, EMPLOYEES AND AGENTS
(COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ALL
I,IABILITIES, CLAIMS, DAMAGES, LOSSES, LIENS, COSTS, FINES,
PENALTIES, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSE
(INCLUDING CDURT CQSTS, ATTORNEY'S FEE5, AND COSTS �F
INVESTIGA'ITOl� OF ANY I�ND FOR BODII.Y OR PERS�NAL INJURY
(INCLUDING DEAT� OR PROPERTY DAMAGE OCCURRIlVG ON, IN OR
ABOUT THE LEASED PRENIISES (COLLECTIVELY, "LIABILITIES") OR IN
ANy MANNER ARISING OUT OF OR CONNECTED WTTH LESSEE'S USE
AND OCCUPANCY OF THE LEASED PREMISES. NOTHING CONTAINED
HEREIN SHALL EVER BE CONSTRUED SO AS TO REQiTIRE LESSEE TO
ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS
UNDER TffiS LEASE.
SECTION 8: Defaults and Remedies.
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under this Lease:
The �ccurrence of any of the following shall constitute a default
(a) Lessee's failure to pay rent or to make any other payment
required to be made by Lessee hereunder when due within ten (10)
days after Lessee's receipt of written notice of nonpayment from
Lessor, provided, however, that Lessee is entitled to only two such
notices per calendar year. After second notice Lessee shall be in
default if any payment is not made when due.
(b) Abandonment or vacation of the Leased Premises by Lessee,
for any purpose except remodeling or restoration.
(c) Lessee's failure to observe or perform any other provision of
this Lease to be observed or performed by Lessee, where such
failure continues for thirty (30) days after written notice thereof by
Lessor to Lessee; provided, however, that if the nature of such
failure cannot reasonably be cured within such thirty (30) day
period, Lessee shall not be deemed to be in default if Lessee shall
within such period commence such cure and thereafter diligently
prosecute the same to completion.
8.2 Remedies for Lessee Defaults. In the event of any default by Lessee, then, in addition
to any other remedies available to Lessor at law or in equity (all of which rights and
remedies shall be cumulative with the exercises of one or more rights or remedies not to
impair Lessor's rights to exercise any other right or remedy, and all of which may be
exercised with or without legal process as then may be provided or pernutted by the laws
of the State of Texas), Lessor shall have the following remedies:
900 Monroe Street I.ease Agreement
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(a) Lessor may terminate this Lease and all rights of Lessee by giving
written notice to Lessee of such election. If Lessor elects so to
ternunate the Lease, Lessor may recover from Lessee the worth at the
time of award of any unpaid rent and any other indebtedness.
As used above, the "worth at the time of award" is computed by
allowing interest at the highest rate allowed to be charged by
nonexempt lenders on other than consumer loans under Texas usury
laws.
(b) In addition to the rights set forth above, Lessor may also alter locks
and/or security devices at the Leased Premises following notice of
termination of the Lease.
1. Nothing in this Section 8 shall be deemed to affect Lessor's
right to indemnification for liability or liabilities arising prior
to ternunation of this Lease for personal injury or property
damage under the indemnification clause or clauses contained
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2. Notice of Termination. If Lessee fails to cure any default
witfiin the time periods set forth in Section 8.1 above. Lessor
may terminate this lease upon written notice to the Lessee.
Termination shall be effective 5 days after �,esse� r�ceived
such notice.
8.3 Lessor Default. In the event of any default by Lessor, Lessee shall give Lessor
written notice specifying the default with particularity, and Lessor shall thereupon have
thirty (30) days (plus an additional reasonable period as may be required in the exercise
by Lessor of due diligence) in which to cure any such default. If Lessor fails to so cure
any default after the notice, Lessee may terminate this Lease upon written notice to
Lessor, such termination to be effective within thirty (30) days after Lessor's receipt of
such notice. All obligations of Lessor under this Lease are covenants, not conditions, and
all obligations of Lessor are binding upon Lessor only during the period of its ownership
of the Leased Premises and not thereafter. Lessor's liability for the performance of any
Lessor obligations under this Lease is limited to Lessor's interest in the Leased Premises.
The owner of the Leased Premises at the date of commencement of the term will be
released from all obligations of the Lessor accruing after any transfer of the Leased
Premises to a subsequent owner, and the covenants and obligations of Lessor are binding
during the term upon each new owner for the duration of such owner's ownership.
SECTION 9. Fixtures. Lessor herein agrees that no properiy or equipment, owned or
installed by Lessee, or any representative of Lessee, shall, under any circumstances,
become a fi�ure, and that Lessee shall reserve the right to remove any and all such
property or equipment at any time during the term of this Lease, or subsequent to its
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900 Monroe Street I.ease Agreement � �. -^ ��� Page 5 of 11
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ternunation by either party. Lessor further agrees that he/she will, at no time, hold or
retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 10 Termination and Right of Insnection.
10.01. If Lessee elects to ternunate the Lease because of any alleged default or breach by
Lessor of any Lease provisions, Lessee shall be required to give Lessor immediate notice
in writing of that intention stating specifically the reasons therefore and allowing Lessor
thirty (30) calendar days after the date of Lessor's receipt of the notice to cure any or all
default(s) or breach(es) specified in the notice. If the specified defaults or breach(es) of
Lessor are not cured to the satisfaction of, the Lease will be ternunated. Termination
pursuant to Lessor's default shall be without further penalty of expense to either party.
10 02 Fundin� Non-A�ropriation and Termination. This Lease shall terminate in the
event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy
any obligation of Lessee hereunder. Termination shall be effective as of the last day of
the fiscal period for which sufficient funds were appropriated or upon expenditure of all
appropriated funds, whichever comes first. Termination pursuant to this non-
appropriation clause shall be without further penalty or e�ense to either party.
Lessor reserves the right to enter upon the Premises at all reasonable times for the
purpose of inspecting the Leased Premises, provided that such entry does not conflict
with Lessee's rights hereunder.
SEC�ON 11. Surrer�der of I.eased �re�is�s. Upon the te�mination of tl�is �.ease for
any reason whatsoever, Lessee shall surrender possession of the Leased Premises in the
same condition as the Leased Premises were in upon delivery of possession under the
Lease, reasonable wear and tear accepted. Lessee also shall surrender all keys for the
Leased Premises to Lessor at the place then fixed for the payment for rent and shall
inform Lessor of all combinations on locks, safes, and vaults, if any, on the Leased
Premises. Lessee shall remove all its furniture and equipment on or before the
termination of the Lease; and Lessee shall be responsible for repairing any damages to
the Leased Premises caused by the removal of furniture and equipment.
SECTION 12. Governmental Regulations. Lessee agrees to comply fully with all
applicable Federal, state and municipal laws, statues, ordinances, codes, or regulations in
connection with use of the Leased Premises. Provided, however, Lessor (i) shall make a11
improvements necessary to make the Leased Premises comply with the Americans
WITH DISABILITIES ACT OF 1990 ("ADA"), 42 U.S.C. § 1201 ET SEQ., SHALL
FULLY INDEMNII+'Y AND HOLD AA�IVII,ESS LESSEE FROM AND AGAINST
ANY AND ALL CLAIlVIS, LOSSES, DAMAGES, SUITS, AND LIABILIT'Y OF
EVERY HIND, INCLUDING ALL EXPENSES QF LTTIGATION, ARISING OUT
OF OR IN CUNNECTION WITH TH� LEASED PREMISES' COMPLIANCE,
OR LACK OF C�MPLIANCE, WITH ADA, and (ii) shall make all improvements
necessary to correct and/or abate a11 environmental hazards of the Leased Premises.
900 Monroe Street I,ease Agreemeut
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SECTION 13 Acceptance of Leased Premised. Lessee represents that it takes the
Leased Premises in good condition and that the Leased Premises are suitable for the
purposes for which they are being leased.
SECTION 14. Assignment. Lessee shall not assign or sublet this Lease without the
prior written approval of Lessor. Upon issuance of such approval, this Lease shall be
binding on the successors, and lawful assignees of Lessor and the successors of Lessee,
as permitted by the terms of this agreement and by the laws assignment or sublease shall
be subject to a11 the responsibilities and liabilities of Lessee and shall be subject to all
provisions regarding ternunation and eviction.
SECTION 15 Subordination to Mort�ases; Estonuel Certificate. Tenant accepts
this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or
other lien(s) now affecting the Premises, the Building or the Property, and to renewals,
modifications, refinancings and e�ensions thereof and if, but only if, each holder of any
mortgage, deed of trust, ground lease or other lien subsequently affecting the Premises,
the Building or the Property has executed and delivered to Tenant a Subordination, Non-
Disturbance Attornment Agreement (hereinafter defined as "SNDA"), then to any
mortgage(s), deed(s) of trust, ground lease(s) and other lien(s) subsequently affecting the
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extension thereof (collectively, a"Mortgage"). The party having the benefit of a
Mortgage shall be referred to as a"Mortgagee." This clause shall be self-operative, but
upon request from a Mortgagee, Tenant shall execute a commercially reasonable SNDA
in favor of the Mortgagee. In lieu of having the Mortgagee be superior to the Lease, a
Mortgagee shall have ihe �ight at any time �o subordinate its Martgage to this Lease. �f
requested by a successor-in-trust to all or part of Landlord's interest in this Lease,
Tenant shall, without charge attorn to the successor-in-interest if, but only if, such
successor-in-interest has executed a SNDA or other agreement whereby such successor in
interest has agreed not to disturb or interfere with Tenant's possession of the Premises
(subject to the terms and conditions of this Lease) for so long as Tenant is not in default
under this Lease beyond any applicable notice and cure period. Landlord represents and
warrants to Tenant that as of the date of this Lease there is no Mortgage filed against the
Property. Prior to permitting a Mortgage to obtain a Mortgage on the Property, Landlord
will use commercially reasonable efforts to cause such Mortgagee to execute a SNDA in
form and substance reasonably satisfactory to Landlord, Tenant and the Mortgagee. The
SNDA, among other things, shall provide that in the event a Mortgagee forecloses on the
Property or otherwise enforces its right to divest Landlord of its fee simple interest in the
Property, then such Mortgagee will not disturb Tenant's use and enjoyment of the
Premises for so long as Tenant is not in default under this Lease beyond any applicable
notice and cure period. From time to time at the request of either party, each party to this
Lease agrees to promptly execute, have acknowledged and deliver a certificate stating (a)
the commencement date and the date of expiration of the Term; (b) the rights (if any) of
Tenant to e�end the Term or to expand the Leased Premises; (c) the Rent (or any
components of the Rent) then currently payable hereunder; (d) whether this Lease has
been amended in any respect and if so submitting copies of or otherwise identifying the
amendments; (e) whether, within its knowledge, there are any existing breaches or
900 Movroe Street I.ease Agreement
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defaults hereunder by either party hereto, and, if so, stating the defaults with reasonable
particularity; and (fl such other information pertaining to this Lease as may be reasonably
requested. A party's failure to deliver to the other party an executed estoppel certificate
within ten (10) days after the failing party first received a written request for such
certificate shall constitute a representation by the failing party that all statements set forth
in the requested estoppel certificate are true and correct.
SECTION 16. Notices.
All notices to Lessar shall be sent to:
Monroe Street Professional Building, Ltd.
900 Monroe Street
Fort Worth, Texas 76102
All notices to Lessee shall be sent to:
City of Fort Worth
Engineering Director
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Fort Worth, Texas 76102
As well as to:
Administrator, Real Property Services
City of Fort Worth
900 Monroe Street, Suite 302
Fort Worth, Texas 76102
Mailing of all notices under the Lease shall be deemed suff'icient if mailed certified,
return receipt requested and addressed as specified herein to the other party's address.
All time periods related to any notice requirements specified in the Lease shall
commence upon the terms specified in the section requiring the notice.
SECTION 17. Entire Agreement. This Lease shall constitute the entire agreement of
the Lessor and Lessee, and shall supersede any prior agreements, either oral or written,
pertaining to the Leased Premises.
SECTION 18. Waivers. One or more waivers of any covenant, term, or condition of
the Lease by either Lessor or Lessee shall not be construed as a waiver of subsequent
breach of the same covenant, term, or condition. The consent or approval by either
Lessor or Lessee to or of any act by the other party requiring such consent or approval
shall not be deemed a waiver or render unnecessary consent to or approval of any
subsequent similar act.
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900 Monroe Street L,ease Agreement Page 8 of 11
STCTIUN 19. Ven�e. This Lease and the relationsllip cr��ated herf�by sha.il be governed
by the )ativs of t1� State of Texas. Venue for any action i;roUght ��.� interpret or enforce
the terms of tlie Lease or any br�ach sl�al! be in Tarrailt �Cotmly; Tex�.is
SECTI�N 20. Rules and Re ul tions. Lessee sh��1J abide by tht., Buiiding Rules and
Regulations attaclied hereto as L�iibit B.
Attachments »nd Fxhi6its.
Exhibit .A- Leased �remises
Lxhibit B Rules and Regulations
STGIv�D this ��`'day of , 200'l.
LESS�R: Mor.roe Sueet Professional
B ildi� 1'.td.
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By:
Ron Crabtree
President
Cachare] Co., Inc,
Tt's General P�1:ner
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Contract Number'
)Ill) Monrt7a SI; oet f�cava ng�cnment
L,ESSEE: Ci � �'Fort Worth
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Marc A. !:)tt �--
Assista.n� City Rlanager
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i�itiy Sec�t��tary
.�iPPRU VLD AS TU FORM .QND
LFiGALITY
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City Att��rney, pr His Designee �
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STATE OF TEXAS §
COLTNTY OF TA,RRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Marc A. Ott, known to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of the City of Fort Worth and that he/she executed the same as the act of said City of
Fort Worth for the purpose and consideration therein expressed and in the capacity therein
stated.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this ,.� f%� day of
� a,r,� , 2007.
��-`� i1F, n .,. i -..�._ .��..z �I%
A_ �° i`fk e, i�. �./ � i� �>
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�*'YVti'v�d`Y`a�'i+'V V' �i�"SV' ��'-J''✓`
900 Monroe Street I,ease Agreement
�
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Notary Public in and for the State of Texas
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Page 10 of 11
STATC 0�' TEXA5 y
COi1�iTY Ol� TARRriIVT �
B�FOEZC 11�fE, the undersigned authority, a l�otary public ir. und fur i:he State ofT�cas, on
tl�is day personally appeared Rcn Cra�btree, knaw� to be the sarns F�.�rson whose name is
subscribed to the fore�oing instrument, and acknowl�d�ed to me x �.at the sam� wa.s ihe
acC of the Cachaxel Company, Ine. and that he/she executed th� sa ��ie as the act of said
Cacherel Company, Inc. for the purpose and consideration therein t:xpressed and in the
capacity tl�erein stated.
GIVEN liNDLR ��fY H.ANb AND SEAI. O:F OF.FICE t��is �'�' day of
2007.
�r.��������������������a��w��y
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; ;.�o�?RY�P6e�;�-; ELIZABETH J. WILL ',
, � -,.: .
% _ : = _ = Notary Public, State of Texas :
.
i',,rqif'���P�° My Commission Expires Ob•30-10 �
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EXHIBIT B
Rules and Reguiations of tne �uilding
�- Tenant will refer to Landlord al( contractors, contractor's �epr.esentatives and
instailation t.echnicians rending any service for Tenan[ for Landlord's supervisio❑ and/or
written approval before performance of any such contractual services. This shall apply [o aIl
work perfo�ned in the Building, inctuding, withou[ limitation: ([) instaflation oftelephones,
telegraph equipmen[, electrical devises and attachments, and installa[ions oFany and every
nature affecting fioors, walls, woodwork, tcim, windows, ceiling, equipment or any other
physical portion oFthe building, (2) painting or dri(ling (;) boring, cutting or stringing wires.
2- The work of the cleaning personnel shall not be hirtdered by Tenan[ after 5:30 P.M.,
and the work may be done at�any time when the offices are vacant. The windows, doors and
ftxcures may be cleaned at any time. �'enant shall provide adequate waste receptacles, '
cabinets, bookcases, map cases, etc, �ece��}, to prevent unreasonable hardship [o Landlotd in
discharging its obliga[ion regarding cleaning services.
s• Movement in or out of the Building of fixtures oFoffice equipment, or dispatch or
receipt by i'enant oPany merchandise or materials which requires mn�P;T;"�< <;;ivu�n �;ie
�'-'!!�!�� �^�a�d6 u� i000y, i; ;�tricted to hours desi�ated b� Landlord and in a mannec to be
app�oved by Land(ord. The approval by Landlord shall include its determination, decision and
control oFthe time, method and routing oFequipmen[ and furrtiture, together with any
limitations imposed by safety or other concerns that may prohibit any aR�c(es, equipment or
any ocher item from being brought into the building. Any hand trucks, carryalls, or.similar
appliance used for delivery or receipt oPmerchandise or equipment sha11 be ec�uipPc� ��
rubber tires, side guards, and such other safeguards, as Land�ord shall require. Tenant
expressly assumes all �isk of damage to che Froperty and to any and alI articles so moved, as
well as injury to any person or persons or the public engaged or not engaged in the movemenL
Landl.ord is not (iabfe for the act or acts'of any person or persons so engaged For arty damage
or loss to any property of persons resulting directly or indirectly fi-om any act in connection
wiih service performed by or For Tenant. ,
�• Te�ant shall not p(ace, instal(, or operate on the Property any engine, stove or
machinery, or condqct mechanical operations or cook therein, or place or use in or about the
Prem�ises any explosives, ga,soline, kerosene, oil, acids, caustics, or any other flammable,
explosives,.E�azardoi.Ls or odorous materia( without the prior written consent oFLandlord.
Ifconsent is g�anted, T'enant will be required to furnish approved fire extingu.ishers and have
them inspected and approved by the proper local authorities on an annual basis, No portian of
'the Premises shall a[ any time be itsed for cooking, s(eeping or lodging quarters.
S. Landlord will �ot be responsible for any lost or stolen personal property, ui men
money, jewelry, fi-om any of the Property or any public areas regardless of wheth h e loss �
occurs when the area is locked against enhy or not. �
6• Tenant or the employees, agenGs, servants, visitors, or licensees oFTenant shall not at
any time o� p{ace, leave or discard any cubbish, paper, articles, or objects of any kind
whatsoever outside the doors oFthe Premises, or in the corridors or passageways ofany
portion of the Property. No birds, animals, bicycles or vehicles sha11 'oe brought into or kept in
or about the Building.
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� Ciry af .F'ort Wor.th Geare .Page- l'�` _
J
7. Landlord may perrnic entrance to Tenant's of�ices by use oFpasskeys controlled by
C.andlord's agents, zmploye�es, con[rac[ors, or ser.vice personnel supervised o� employed by
Landlord. No additional locics or similar devices shall be placed by Tznant on any door in [he
Building unless written consent oFLandlord shall have hrst been obtained. Two (2) keys will
. be Furnished by Landlord for the Premises any additional ke;;s req�cired must bz obtained trom
Landlord. A charge will be made For each additional key furnished. Afl keys shal( be
surrendered to Landlord upon termination oFtenancv. �
g. None of the encries, paS�g�, d�rs, hallways, or stairways shail be blocked or
obstructed by Tenant.
9• Landlord shall have the ri,,aht to determine and prescTibe che weight and property
Position ofany unusually heavy equipment, inc(uding wichout fimitation, all safes, large fi1es,
computers, etc, that are to be placed in the Building, arid only those which in the sole opinion
oFthe Landlord will not damage che floors, structure, and/or elevators, may be moved into said
Bui(ding. Any damage� occ�Joned in connection with the moving oc instal�ation ofthe
aforementioned articles in said Building, or the existence ofsame in said Building sball be
paid for by T'enant.
f 0. All Christrnas and other temporary or specia! decorations must be flarne retardant and
removed within seven (7) days. .
� �• 1"enant shall provide [ ar,�il��� z;;;E �,c _�:ipi�y� Quthor�zed access into Tertant's
oPfice should the employee become locked out oPthe spac� during normal business hours.
�Z. Building hours are 7:00 A.M. — 6:00 P.M., Monday chrough Friday and 9:00 A.M. —
(:00 P.M., Saturday, exeept ho(idays. After hours air condition/�eating (7_00 P.M, — 6:00
A.M., Monday through Friday, 3:00 P.�41. — 12:00 Midnight, Saturday and 24 hours a day
Sunday and holidays), must be �equested in writing by noon of a regular workday prior to the
day Eor wEtich additiona( air conditioning/heating is requested. p�rt hourfy charge will be �tade
for all after bours air conditiorting/heating.
�'• Any furniture or equipment removed &orn the guilding after hours must be listed in
securiry of�"icer's building register by notifying the building management. Description and
serial numbers cnust be inc(ude on the stationery (letterhead) afTenant.
«- Names to be placed on or removed &om direccories should be furnished to the
Building Manager in writing on Tenant's letterhead.
15. Eiectric meters, where used, are Pead on or about the 20`� oPeach month. Such
readings may be checked by i'enant at any time and the current consumed I charged witEi and
� in addition to the following month's rent, at rates prescn'bed by City Pub[ie Service.
! 6. ,4ny additional services not required 6y Lease to be performed by Landlord, which
i'e�ant requests Landlord to perform and which are performed by (,andlord shall be billed to
Tenant at Landlord's cost plus 2p'/o . _
I�• A[1 doors leading �om public corridors to the Premises are to be kept closed.
� g• Canvassing, soliciting o� peddling on or about any pottion of the Property is
prohibited and 1'enant shall cooperate to prevent same.
�9• � 1'enant sha(I give immediate notice to the Property Manager irt case.ofaccidents:irt.-
the Premises or any portion of[he property.or ofdefects therein or in any fixtures or '; ': ,� ;', '1;i;
equipment, or ofany other type ofemergency on or aboutthe Propertyr, i��� � J
; 1 l �.. �,'
� ,�� -,:�;:;�,;�iSjllr
' City of Fart� Worr�r�Ceare Pa�e ( q .
'-�• Tenant shalF not use the Premises or permi� the Premises to be used for photographic
ur multigraph reproductions except in connection with its own 6usiness arid then onlv with [he
Landlord's prior written consent. � � -
� �• r�ny requirements of Tenant wi1.l be attended [o only upon ap.p!�;;a�i�n at the office of
the Propzrry Manager. Employees of the Propertv shal( not perform any work or do anyttting
outside of their regular duties, un►ess under special instructions Eom the offtce of [he Property.
Manager.
�2• Tenant shall not make or permit any loud or improper noises in or about the Property
oc otherwise interfere in any ay with other tenants or persons having business w{tti, them.
?3• For purposes of the [.ease, holidays are be deemed to mean and including the
Following;
New Year's Day Fourth of Jul
Labor Day Y
Memocial Day
Thanksgiving and ChrisRnas
The Friday following Thanksgiving pay
Z4• i'enant shall not install any floor covering in the premises except with the prior
approval ofLandlord. The �e of cement or o.ther similar adhesive material is expressly
prohibited.
��• i ne parking lot and driveway are to be used only for the purpose intended by
Landford and shall not be absiructed or misused in: an}� way. parking or star�ding in arry
authorized area is prohibited.
26• i'enant shal( not place anything or al.low anything to be placed on or near the glass of
any window, dooc, partitio❑ or wall �ehich may appear uns�ghtly fi-om out�ide che Premises,
provided however, that Landlord may fumish and install a Building standard window covering
on all exterior windows.
��• The toilet rooms, urinals, wash bowls and other apparatus shalt not be �
Purposes other than that for which they were constructed and no forei � fO� any
whatscever shall be thrown therein and the expense ofbreakage, stopp ge or damage resulting
6rom. the viQ(ation oPchis rule shall be bome by the Tenant who, or whose employees or
invitees sha(l have caused it.
�8- Land[ord reserves the right to exclude or expel &om the Property any Pe��n �o, in
the judgment oFLandiord is under.the inEluence of liqua or drugs, or who shall in any manner
do any act in violation of any of these Rules and Regulaeions.
?9• No vending machine or machines or arry description s6a11 be installed, maintained or
operated upon the Premises without the writteci consent ofche Landlord.
3U, Without the written consent of Landlor.d, Tenant shall not use the name of the
Building in connectiort with or in promoting o� advertising the business of Tenant except at
Tenant's addtess.
3�•� Landlord shall have the right to control and opecating ptib[ic porcinns oPthe Property,
the public facilikies and heating and air condition as well as facilities furnished For the
common use of the Tenants in such manner as it deems best for the benefit of the Tenant
general ly.
. . 4—
32. Tenant shall full coo �"_> � ����,�6 ��� ,-;'_
y perate and participate in all evacuation, fire safety and r�latcdp ;;,?� �, c n,,� '
emergency or security P�oce��� ��blished from time to time by Landlord: � v�u c es��l':,���f�;;, '
� . � ���' �',� r si',�r; �j ,
, - City of Forr Worth. Leczre P�age�:15 . �-
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33. Smoking of cigarcttes, cigars, pipes, or any tobacco product inside any portion of the
building at any time is expressly prohibited. Smoking is permitted in outdoor smvking areas
which the Lessor may designate� at its sole discretion. Lessor may make speciaf exceptions to
this Rule if Lessee installs ventilation equipmen[ acceptable to Lessor.
34. Landlord reserves the right at. any time to rescind any oEthese Rules and Regulations
oFthc Building, and to make such other and furrher c�ules and regulations �s in its sole
judgment shall &om time to tune be needful for the safety, protection, care and cleanliness of
the Building, the Premises and the attached parking facilities, the operation thereo� the
preservation oFgood order [herein and the protection and comFort ofthe other Tenant sin the
Building and Ehei� agcnts, empioyees, and inviters, wfiich Rules and Regulations, when mad
and written notice theccoP is given to Tenant, are 6e binding upon Tenant in Iike manner as if
originally herein prescribed.
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City. ojF"on Worth Cease Poge 1.6- '
M&C Request Review
��������
Page 1 of 2
Print M&C
-
COUNCIL ACTION: A proved on 2/20/2007
_ p
DATE: 2/20/2007 REFERENCE NO.: **C-21974 LOG NAME: 30MONROE ADD
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize a Lease Agreement with Monroe Street Professional Building, Limited, for Additional
Office Space Located at 900 Monroe Street for the Engineering Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a lease agreement with Monroe Street Professional Building, Limited, for additional office space
located at 900 Monroe Street, for the tngineering Deparimen4; a�id
2. Authorize the City Manager to execute the appropriate lease agreement.
DISCUSSION:
The Department of Engineering currently leases approximately 6,800 square feet of office space in the
Monroe Street Professional Building located at 900 Monroe Street. In order to provide more effective and
efficient project management of the City's capital projects, the department proposes to consolidate all of its
Project Managers in City Hall and relocate portions of its support staff to fhe Monroe Street Professional
Building immediately across the street. City staff has also determined that additional space is needed in
order to fill existing vacant positions and to provide limited space for a Consultant to be engaged to assist the
City in expediting capital project delivery.
The Department proposes to lease an �dditional 4,604 square feet on the fourth floor of the Monroe S#reet
Professional Building. A lease rate of $12.10 per square foot per year was negotiated for the first year and
will be adjusted to $14.50 per square foot for the remaining four years of the lease term. At this rate,
the lease cost will total $55,708 for the first year and $66,758 for subsequent years. Additionally, the
Engineering Department will be responsible for its share of the operating expenses as described and limited
under the terms of the lease agreement.
Staff recommends approval of the lease with two five-year renewal options. The building is located
immediately adjacent to City Hall in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
Engineering Services Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P119 537010 0302010 $55.708.00
M&C Request Review
Submitted for Citv Manager's Office bv:
Originating Department Head:
Page 2 of 2
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Additional Information Contact: Stephanie Givens (8873)
ATTACHMENTS