HomeMy WebLinkAboutContract 39917 (2)LEASE
C
DEFINITION OF LEASE TERMS
*See attached Lease Provisions pages 1-3 and Building Rules and Regulations page `Rules-1'
LANDLORD: Town Center Mall L.P.
TENANT: City of Fort Worth SUITE # 2505
BUILDING: La Gran Plaza De Fort Worth ADDRESS: 4200 South Freeway
(name) Fort Worth, TX 76115
TERM: zero (0) years seven (7) months
COMMENCEMENT DATE: March 1, 2010
BASIC RENT (monthly): $3000.00 SECURITY DEPOSIT: $0.00
TENANT ADDRESS (not in building): Drivers License #:
PHONE #: ( ) State:
FAX #: ( ) Social Security #:
EMAIL: (Tenant shall notify Landlord of any changes to its address or email account)
LANDLORD ADDRESS:
CITY SECRETARY a �
CONTRACT NO.3 �ta
Town Center Mall, L.P. (FOR ALL OTHER PURPOSES):
(FOR RENT PAYMENTS): P.O. BOX 4737 720 N. POST OAK RD., SUITE 500
HOUSTON, TEXAS 77210-4737 HOUSTON, TEXAS 77024
SPECIAL PROVISIONS: Tenant agrees to the following rent schedule:
From March 1, 2010 to September 30, 2010: $3000.00 per month
Tenant shall have the right to occupy the Premise from February 15, 2010 through February28,2010 and
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shall pay Landlord SO.
Tenant agrees to inventory agreement see exhibit "D".
All rates subject to "CPI" clause of this lease. See Exhibit "G"
Attested by:
IN WITNESS WHEREOF, the parties have executed this Lease Agreement in multiples, this 0 day of 2010.
CITY OF FORT WORTH ,ey
By:
qi •
arles W. Daniels
Assistant City Manager
APPROVED AS TO FORM
AND LT GALIT
By:
C ty Attorney's Offic
M&C C-24086
BPMC.Lease Form.TX.08
Attested by:
By:
�.+...�...vrva Property 1Y1LL11GLb'Lr1111�11I. Corp. TOWN CE TER MALL L.P.
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Vice Pre.
Boxer Property Management Corp.
A Texas Corporation 47/1-3/0
,Qa� (Management Company for Landlord)
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LEASE PROVISIONS
THIS LEASE ("Lease") is made by and between LANDLORD and TENANT. In consideration of the mutual covenants and agreements herein set forth, and
any other consideration, Landlord leases to Tenant and Tenant leases from Landlord the area generally outlined on the floor plan attached hereto as "Exhibit
A", hereinafter referred to as the "Premises" which is part of the Building (hereinafter referred to as the ' Building").
1. TERM. The Term of this Lease shall continue, unless sooner terminated as provided hereinafter. If the Term is month -to -month, either party may
terminate with a thirty (30) day written notice. Landlord may increase monthly Rent for any month -to -month lease with a thirty (30) day written notice to Tenant.
2. BASIC RENT AND SECURITY DEPOSIT. Except as provided for in this Lease, Tenant will pay to Landlord without deduction or setoff, Basic Rent for
each month of the Lease Term. "Rent" means Basic Rent plus all other amounts payable by Tenant under this Lease, including any charges and late fees. The
Security Deposit shall be held by Landlord, without interest, as security for Tenant's performance under this Lease, and not as an advance payment of rent or a
measure of Landlord s damages. Upon an Event of Default (defined below) or any damage to the Building or Premises caused by Tenant, its employees or
invitees, Landlord may, without prejudice to any other remedy, use the Security Deposit to cure such Event of Default or repair any damage. Following any
application of the Security Deposit, Tenant shall, on demand, restore the Security Deposit to its original amount. If Tenant is not in default hereunder, any
remaining balance of the Security Deposit shall be returned to Tenant upon termination of this Lease. If Landlord transfers its interest in the Premises, Landlord
may assign the Security Deposit to the transferee and thereafter shall have no further liability for the Security Deposit. Rent is due, and must be received by
Landlord, by the first day of every month, at address specified by Landlord. Landlord and its manager will not accept cash payments. Tenant agrees to pay by
check, EFT, cashier's check, certified funds, or credit cards only.
3. LANDLORD'S OBLIGATIONS.
(a) Landlord will furnish to Tenant at Landlord's expense:
(1) water at those points of supply provided for the general use of tenants of the Building;
(2) heated and refrigerated air conditioning in season, at such times as Landlord determines, and at such temperatures and in such amounts as
reasonably considered necessary by Landlord; service on Sundays, Saturdays, and holidays are optional on the part of the Landlord;
(3) janitonal services to the Premises on weekdays other than holidays and window washing as may, in Landlord's judgment, be reasonably required;
(4) passenger elevators for ingress to and egress from the Premises, in common with other tenants;
(5) replacement of Building standard Tight fixtures; and
(6) electric lighting for public areas and special service areas of the Building to the extent deemed by the Landlord to be reasonable.
(b) Landlord shall furnish electrical current required for normal office use of the Premises. Tenant shall pay Landlord's cost for any such excess use of
electricity within ten (10) days after being invoiced therefor. Additionally, if the cost of electricity per kilowatt hour ("kwh") for electricity serving the Building
increases by thirty percent (30%) or more from the Commencement Date of this Lease, Landlord may pass through any such increase (including all charges
assessed as part of the electricity bill) above the thirty percent (30%) threshold to Tenant based on Tenant's pro-rata share of the total square footage of the
Building. Tenant agrees to pay such charge immediately upon receipt of written notice thereof. Landlord and its management company shall calculate said
charges, and its determination shall be binding on all parties.
(c) Failure to furnish, stoppage, or interruption of these services resulting from any cause shall not render Landlord liable in any respect for damages to
either person, property or business, or be construed as an eviction of Tenant, work an abatement of rent, or relieve Tenant from performance of its obligations
Should any equipment furnished by Landlord cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. Landlord shall
not be obligated to furnish these services if Tenant is in default under this Lease.
4. IMPROVEMENTS. Landlord leases to Tenant the space and improvements described in "Exhibit B" attached hereto, hereinafter referred to as the
"Premises" All other improvements to the Premises shall be installed at Tenant's expense only in accordance with plans and specifications and by contractors
approved, in writing, by Landlord. Landlord reserves the right to change from time to time the dimensions and locations of the Common Facilities and Areas
and to construct additional buildings or additional stories on existing buildings or other improvements in the Office Suites. Landlord shall provide Tenant with
written notice of any changes to the Common Facilities and Areas at least three (3) months prior to such changes becoming effective or any construction
commencing. In the event that proposed changes to the Common Facilities and Areas substantially hinders Tenant access to the Demised Premises, Tenant
shall have the right and option of terminating this Lease, which option to terminate must be exercised by written notice to Landlord within fifteen (15) days after
Tenant receives the notice indicating proposed changes to the Common Facilities and Areas such termination of the Lease shall take effect thirty (30) days
after Tenant sends notice of termination to Landlord.
5. RELOCATION. Landlord may relocate Tenant to space the same size or larger, and the Basic Rent shall remain the same regardless of the size of
the new space. Landlord may also relocate or renovate common areas in its sole discretion, without any obligation to Tenant.
6. USE OF PREMISES. Tenant will use the Premises for office purposes only. Tenant shall not: permit more than five (5) persons per 1,000 square feet
to occupy the premises at any time; use or occupy the Building for any purpose which is unlawful or dangerous permit the maintenance of any nuisance,
disturb the quiet enjoyment for all of the Building, emit offensive odors or conditions into other portions of the Building; sell, purchase, or give away or permit
the sale, purchase or gift of food in the Building, or use any apparatus which might create undue noise or vibrations. Tenant shall not permit anything to be
done which would increase any insurance rates on the Building or its contents, and if there is any increase, then Tenant agrees to pay such increase promptly
upon demand therefor by Landlord; however, any such payment shall not waive Tenant's duty to comply with this Lease. Landlord and any agent thereof does
not represent or warrant that the Premises or Building conforms to applicable restrictions, ordinances, requirements, or other matters that may relate to
Tenant's intended use, or with respect to the presence on, in or near the Premises or Building of hazardous substances, biological matter (including, but not
limited to, mold, mildew and fungi) or materials which are categorized as hazardous or toxic. Tenant accepts the Premises "as is.' Landlord does not make
any representations as to the suitability, condition, layout, footage, expenses or operation of the Premises, except as specifically set forth herein, and tenant
expressly acknowledges that no such representations have been made. Landlord makes no other warranties, express or implied, or merchantability,
marketability, or fitness, and any implied warranties are hereby expressly disclaimed. Tenant must satisfy itself that the Premises may be used as Tenant
intends by independently investigating all matters related to its intended use.
7. TENANT'S OBLIGATIONS Tenant will not damage the Building and will pay the cost of repairing any damage done to the Building by Tenant or
Tenant's agents, employees, or invitees. Tenant shall take good care of the Premises and keep them free of waste and nuisance. Tenant must immediately
notify Landlord in writing of any water leaks, mold, electrical problems, malfunctioning lights, broken or missing locks, or any other condition that might pose a
hazard to property, health, or safety. Tenant will keep the Premises and all fixtures in good condition and repair. If Tenant fails to make necessary repairs within
fifteen (15) days after notice from Landlord, Landlord may, at its option, make such repairs and Tenant shall, upon demand, pay Landlord the cost thereof. At
the end of the Term, Tenant shall deliver to Landlord the Premises and all improvements in good repair and condition, and all keys to the Premises in Tenant's
possession Tenant will not make or allow to be made any alterations or physical additions in or to the Premises without prior written consent of Landlord. At
the end of the Term, Tenant shall, if Landlord requires, remove all alterations, physical additions or improvements as directed by Landlord and restore the
Premises to substantially the same condition as on the Commencement Date. All of Tenant's fixtures, and any personal property not removed from the
Premises at the end of the Term, shall be presumed to have been abandoned by Tenant and shall become the property of the Landlord Notwithstanding the
above, Landlord shall be responsible, at its sole cost and expense, for performing all maintenance and repairs for the Premises that are routine or are not due
to damage caused by Tenant or Tenant's invitees.
8. INDEMNITY. Landlord shall not be liable for and Tenant will hold harmless Landlord from all fines, suits, claims, demands, losses, and actions,
BPMC.Lease Form.TX.08 2
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including attorney's fees, for any injury to persons or age to or Toss of property on or about the Premises n or about the Building caused by the Tenant,
its employees, invitees, licensees, or by an other pert . entering the Premises or the Building under expres,. implied invitation of the Tenant, or arising out
of Tenant's use of Premises, or caused by fire, flood, water leaks, wind, ice, snow, hail, explosion, smoke, riot, strike, interruption of utilities, theft, burglary,
robbery, assault, vandalism, other persons, environmental contaminants, or other occurrences or casualty losses.. This waiver shall survive the termination or
expiration of the Lease.
9. MORTGAGES. Tenant accepts this Lease subordinate to any deeds of trust, mortgages or other security interests which might now or hereafter
constitute a lien upon the Building or the Premises, and shall attorn to the lender thereunder, with such attornment to be effective upon lender's acquisition of
the Building. Furthermore, such lender, as successor landlord, shall not be liable for any act, omission or obligation of any prior landlord, and lender shall have
the option to reject such attornment. Tenant shall, immediately upon request, execute such documents, including estoppel letters, as may be required for the
purposes of subordinating or verifying this Lease.
10. ASSIGNMENT; SUBLEASING. Tenant shall not assign this Lease by operation of law or otherwise (including without limitation by transfer of stock,
merger, or dissolution), mortgage or pledge the same, or sublet the Premises or any part thereof, without prior written consent of Landlord, which Landlord may
grant or deny in its sole discretion. Landlord's consent to an assignment or subletting shall not release Tenant from any obligation hereunder, and Landlord's
consent shall be required for any subsequent assignment or subletting. If Tenant desires to assign or sublet the Premises, it shall so notify Landlord at least
sixty (60) days in advance and shall provide Landlord with a copy of the proposed assignment or sublease and any additional information requested to allow
Landlord to make informed judgments as to the proposed transferee After receipt of notice, Landlord may elect to. (i) Cancel the Lease as to the Premises or
portion thereof proposed to be assigned or sublet, or (ii) Consent to the proposed assignment or sublease; and if the Rent and other consideration payable in
respect thereof exceeds the Rent payable hereunder, Tenant shall pay to Landlord such excess within ten (10)days following receipt thereof byTenant: or iii Y g p (...)
Withhold its consent, which shall be deemed to be elected unless Landlord gives Tenant written notice otherwise.
11. EMINENT DOMAIN. If the Premises are taken or condemned in whole or in part for public purposes or are sold under threat of condemnation,
Landlord may terminate this Lease Landlord shall be entitled to receive the entire award of any condemnation or the proceeds of any sale in lieu thereof.
12. ACCESS. Landlord and its agents may, at any time, enter the Premises to: inspect, supply janitorial or other services; show the Premises to
prospective lenders, purchasers or tenants; alter, improve or repair the Premises or the Building (including erecting scaffolding and other necessary structures
where reasonably required by the character of the work to be performed, provided the business of Tenant shall be interfered with as little as is reasonably
practicable). Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet
enjoyment of the Premises, or any other loss occasioned by Landlord's entry into the Premises in accordance with this Section 12. Landlord shall at all times
have a key to the Premises. Landlord may use any means which it deems proper to open any door in an emergency without liability therefor. Landlord reserves
the right to prevent access to or close the Building as determined by Landlord for the protection of the Building, its tenants, and visitors.
13. CASUALTY. If the Building should be totally destroyed by casualty or if the Premises or the Building be so damaged that Landlord determines that
repairs cannot be completed within one hundred twenty (120) days after the date of such damage, Landlord may terminate this Lease. Landlord shall not be
required to rebuild, repair, or replace any part of the furniture, equipment, fixtures, and other improvements which may have been placed by Tenant in the
Premises. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Premises shall be for the sole benefit of the
party carrying such insurance.
14. WAIVER OF SUBROGATION. Tenant waives every claim that arises or may arise in its favor against the Lansford or
any other tenant of the Building during the Term, for any injury to or death of any person or any loss of or damage to
any of Tenant's property located within or upon or constituting a part of the Premises, to the extent such injury, death,
loss or damage is or could be covered by any insurance policies, whether or not such Doss or damage is recovera2De
thereunder. This waiver shall be in addition to, and not in limitation of, any other waiver or release contained in this
Lease. Tenant shall give to each insurance company, which has issued to it any insurance policy ,� covering the
Premises or Tenant's operations, written notice of this waiver and have its insurance policies endorsed, if necessary
to prevent their invalidation by reason of this waiver. This waiver obligation shall survive the termination or expiration
of the Lease.
15. HOLDING OVER. If Tenant fails to vacate at the end of the Term, then Tenant shall be a tenant at will and subject to all terms and conditions of the
Lease and, in addition to all other damages and remedies to which Landlord may be entitled, Tenant shall pay, in addition to the other Rent, a daily Basic
Rent, payable in full in advance each month, equal to the greater of: (a) twice the Basic Rent payable during the last month of the Term, or (b) the prevailing
rental rate in the Building for similar space.
16. TAXES ON TENANT'S PROPERTY. Tenant shall be liable for all taxes levied or assessed against personal property or fixtures placed by Tenant in
the Premises. If any such taxes are assessed against Landlord or Landlord's property, Landlord may pay the same, and Tenant shall upon demand, reimburse
Landlord therefor. Any claim arising against Tenant by Landlord under this provision shall be assessed interest at fifteen percent (15%) per year until satisfied.
17. Intentionally Deleted.
18. MECHANIC'S LIENS. Tenant shall not permit any mechanic's or other liens to be filed against the Premises or the Building for any work performed,
materials furnished or obligation incurred by or at the request of Tenant. Tenant shall, within ten (10) days following the imposition of any such lien, cause it to
be released of record by payment or posting of a proper bond, failing which Landlord may cause it to be released, and Tenant shall immediately reimburse
Landlord for all costs incurred in connection therewith. The Tenant's obligations under this section shall survive any termination of or default under the Lease.
19. EVENTS OF DEFAULT. Any of the following shall constitute an event of default ("Event of Default") hereunder:
(a) Any failure by Tenant to pay the Rent when due. Landlord shall not be required to provide Tenant with notice of failure to pay Rent.
(b) Any failure by Tenant to observe and perform any provision of this Lease, other than the payment of Rent, that continues for five (5) days after notice
to Tenant; however, an Event of Default shall occur hereunder without any obligation of Landlord to give any notice if Landlord has given Tenant notice under
this Section 19. (b) on at least one occasion during the twelve (12) month interval preceding such failure by Tenant.
(c) Tenant or any guarantor of Tenant's obligations hereunder: (1) being unable to meet its obligations as they become due, or being declared insolvent
according to any law, (2) having its property assigned for the benefit of its creditors, (3) having a receiver or trustee appointed for itself or its property, (4) having
its interest under this Lease levied on under legal process, (5) having any petition filed or other action taken to reorganize or modify its debts or obligations, or
(6) having any petition filed or other action taken to reorganize or modify its capital structure if either Tenant or such guarantor is a corporation or other entity.
(d) The abandonment of the Premises by Tenant (which shall be conclusively presumed if Tenant is absent from the Premises for ten (10) consecutive
days and is late on any payment due Landlord).
20. REMEDIES. Upon any Event of Default, Landlord may, in addition to all other rights and remedies afforded Landlord hereunder or by law or equity,
take any of the following actions: Y
(a) Terminate this Lease by written notice to Tenant, in which event Tenant shall immediately surrender the Premises If Tenant fails to surrender the
Premises, Landlord may, without prejudice to any other remedy, enter and take possession of the Premises or any part thereof by changing the door locks or
by any other means necessary in Landlord's sole judgment without being liable for prosecution or any claim for damages. If this Lease is terminated hereunder,
Tenant shall pay to Landlord: (1) all Rent accrued through the date of termination, (2) all amounts due under Section 21, and (3) an amount equal to: (A) the
total Rent that Tenant would have been required to pay for the remainder of the Term discounted to present value at a per annum rate equal to the interest rate
BPMC.Lease Form.TX.08 3
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on one-year Treasury bills as published on the flea. the date this lease is terminated by the Wall Stre )urnal, Southwest Edition, minus (B) the then
present fair rental value of the Premises for such pert. , similarly discounted.
(b) Terminate Tenant's right to possession of the Premises without terminating this Lease by written notice to Tenant, in which event Tenant shall
immediately surrender the Premises. If Tenant fails to surrender the Premises, Landlord may, without prejudice to any other remedy, enter upon and take
possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof by changing the door
locks or by any other means necessary in Landlord's sole judgment without being liable for prosecution or any claim for damages. If Tenant's right to
possession of the Premises is so terminated, Tenant shall pay to Landlord (1) all Rent to the date of termination of possession, (2) all amounts due from time
to time under Section 21, and (3) all Rent required hereunder to be paid by Tenant during the remainder of the Term, minus any net sums thereafter received
by Landlord through reletting the Premises during such period. Landlord shall use reasonable efforts to relet the Premises on such terms and conditions as
Landlord, in its sole discretion, may determine (including a term different from the Term, rental concessions, and alterations to, and improvement of, the
Premises); however, Landlord shall not be obligated to relet the Premises before leasing other portions of the Building. Landlord shall not be liable for nor
shall Tenant's obligations be diminished because of, Landlord's failure to relet the Premises or to collect rent due for such reletting. Tenant shall not be entitled
to any excess obtained by reletting over the Rent due hereunder. Reentry by Landlord shall not affect Tenant s obligations for the unexpired Term; rather,
Landlord may, from time to time, bring action against Tenant to collect amounts due by Tenant, without the necessity of Landlord's waiting until the expiration of
the Term. Unless Landlord delivers written notice to Tenant expressly stating that it has elected to terminate this Lease, all actions taken by Landlord to
exclude or dispossess Tenant of the Premises shall be deemed to be taken under this Section 20.(b). If Landlord elects to proceed under this Section 20.(b), it
may at any time elect to terminate this Lease under Section 20.(a).
(c) Change the door locks and deny Tenant access to the Premises until such Event of Default is cured.
(d) Enter the Premises without being liable for prosecution or any claim for damages and do whatever Tenant is obligated to do under the terms of this
Lease. Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in so doing. Tenant further agrees that Landlord shall not
be liable for any damages resulting to the Tenant from such action.
(e) Tenant expressly waives notice as to the disposal of any property in the Premises as of default, lockout or termination, which has not claimed or
redeemed within thirty (30) days.
21. PAYMENT BY TENANT. Upon any Event of Default, Tenant shall pay to Landlord all costs incurred by Landlord (including court costs and reasonable
attorneys' fees) in (a) obtaining possession of the Premises, (b) removing and storing Tenant's or any other occupants' property, (c) repairing, restoring,
altering, remodeling or otherwise putting the Premises into condition acceptable to a new tenant, (d) if Tenant is dispossessed of the Premises and this Lease
is not terminated, reletting all or any part of the Premises (including brokerage commissions, costs of tenant finish work, and all other costs incidental to such
reletting), (e) performing Tenant's obligations which Tenant failed to perform, and (f) enforcing, or advising Landlord of its rights, remedies, and recourses
arising out of the Event of Default After any default in payment by Tenant (i.e. late payment, a returned check or reversed credit card charge), the Landlord
may require that Tenant make future payments by certified check, cashier's check, or money order, for so long as the Landlord may reasonably require.
22. LANDLORD'S LIABILITY. The liability of Landlord to Tenant for any default by Landlord under the terms of this Lease shall be limited to Tenant's
actual direct, but not consequential, damages therefor and shall be recoverable from the interest of Landlord in the Building, and Landlord shall not be
personally liable for any deficiency. Landlord's reservation of rights under this Lease, such as to enter upon or maintain the Premises, shall not be deemed to
create any duty on the part of Landlord to exercise any such right. Landlord expressly advises Tenant that Landlord's intention is that Tenant shall have full
responsibility for, and shall assume all risk to, persons and property while in, on or about the Premises.
23. SURRENDER OF PREMISES. No act of Landlord or its agents during the Term shall be deemed as acceptance of surrender of the Premises. No
agreement to accept surrender of the Premises shall be valid unless the same is in writing and signed by the Landlord.
24. Intentionally Deleted.
25. FORCE MAJEURE. Whenever a period of time is prescribed for action to be taken by Landlord or Tenant, Landlord and Tenant shall not be liable or
responsible for, and there shall be excluded from the computation for any such period of time, any delays due to strikes, riots, acts of God, shortages of labor
or materials, war, governmental laws, regulations, or restrictions, or any other causes of any kind whatsoever which are beyond the control of the Landlord
26. GOVERNMENTAL REGULATIONS. Tenant and Landlord agree to comply with all applicable Federal, state, and municipal laws, statutes,
ordinances, codes, or regulations in connection with use of the Common Facilities and Area.
27. APPLICABLE LAW. This Lease shall be governed by and construed pursuant to the laws of the state in which the Building is located.
28. SUCCESSORS AND ASSIGNS. Except as otherwise provided in this Lease, all of the covenants, conditions and provisions of this Lease shall be
binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
29. SEVERABILITY If any provision of this Lease or the application thereof to any person or circumstances shall be invalid or unenforceable to any
extent, the remainder of this Lease and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced
to the greatest extent permitted by law.
30. NAME. Tenant shall not, without the written consent of Landlord, use the name of the Building for any purpose other than as the address of the
business to be conducted by Tenant in the Premises, and in no event shall Tenant acquire any rights in or to such names.
31. NOTICES. Any notice or document required to be delivered hereunder shall be deemed to be delivered whether or not actually received, when
deposited in the United States mail, postage prepaid, certified or registered mail, addressed to the parties hereto at their respective addresses set forth above,
or when sent by facsimile transmission to the respective numbers set forth above, or delivered to Tenant's place of business in the Building, and when sent or
delivered by Landlord or his representative, including its Management company for the Building.
32. DEFINED TERMS AND MARGINAL HEADINGS The words "Landlord" and "Tenant" as used herein shall include the plural as well as the singular.
If more than one person is named as Tenant, the obligations of such persons are joint and several. The headings and titles to the sections of this Lease are not
part of this Lease and shall have no effect upon the construction or interpretation of any part thereof. Captions contained herein are for the convenience of
reference only and in no way limit or enlarge the terms or conditions of this Lease.
33. AUTHORITY. Tenant shall provide to Landlord proof satisfactory to Landlord that Tenant has full right and authority to enter into this Lease, and that
each person signing on behalf of Tenant is authorized to do so.
34. LIQUIDATED DAMAGES. If the Premises are not ready for occupancy by the Commencement Date, unless delayed by Tenant for any reason, the
Basic Rent shall not commence until the Premises are ready for occupancy by Tenant. Such allowance for Basic Rent shall be in full settlement for an claim
which Tenant might otherwise have by reason of the Premises not being ready for occupancy. y
35. INTEGRATED AGREEMENT. This Lease contains the entire agreement of the parties with respect to any matter covered or mentioned in this Lease.
No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease ma be
amended or added to except by an agreement in writing signed by the parties or their respective successors in interest. y
36. LATE FEE. If Rent is not received by Landlord on or before the fifth (5th) day of any month, Tenant shall pay immediately upon written notice from
Landlord a late fee equal to fifteen percent (15%) of the cumulative amount of Rent due, including Basic Rent and all other amounts payable by Tenant under
this Lease, including any charges and previously assessed late fees. Failure by Tenant to make immediate payment of the delinquent Rent plus the late fee
shall constitute an Event of Default. This provision, expressly, does not relieve the Tenant's obligation to pay Rent on the first of each month and is not a
waiver by the Landlord to require payment on the first day of each month.
37. INTEREST ON SUMS EXPENDED BY LANDLORD. All sums paid and all expenses incurred by Landlord in performing Tenant's duties hereunder or
curing Events of Default shall accrue interest at the rate of fifteen percent (15%) per annum from the date of payment of such amount by Landlord. In no event,
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however, shall the charges permitted under this Sectir ' or elsewhere in this Lease, to the extent the same considered to be interest under applicable
law, exceed the maximum lawful rate of interest.
38. INSURANCE. Tenant will Indemnify and hold harmless Landlord from and against any Toss, theft, damage or liability relating to any Event of Default
or any willful or negligent act on the part of Tenant, its agents, employees, or invitees, or persons permitted on the Premises by Tenant or by Landlord in
accordance with Section 12. Tenant agrees to maintain, at Tenant's sole cost and expense, insurance policies covering Tenant's aforesaid indemnity with
respect to Tenant's use and occupancy of the Premises, as well as coverage for theft and damage. The City of Fort Worth is basically a self -insured entity and
as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would be
found liable would be paid directly by the City of Fort Worth and not by a commercial insurance company. Within two business days of receiving any notice or
claim that alleges liability fo the Tenant, Landlord shall forward such notice of claim to the City of Fort Worth, Risk Management Division, 1000 Thockmorton,
Fort Worth, Texas 76102 . Duplicate originals of such policies and endorsements shall be delivered to Landlord within thirty (30) days from the execution date
hereof. This indemnity and waiver obligation shall survive the termination or expiration of the Lease.
39. RENTAL ADJUSTMENT. If the Term exceeds one (1) year, one (1) year after the commencement of this Lease and each one (1) year anniversary
thereafter, the Basic Rent shall be increased in accordance with the cost of living changes in the "Consumer Price Index" for all Urban Consumers- U. S. City
Average as published by the Bureau of Labor Statistics, United States Department of Labor, ("BLS Consumer Price Index"). The BLS Consumer Price Index
figure for the month and year in which this Lease commences is the "base" figure in the computation of adjustment of Basic Rent. At the beginning of each one
(1) year period as provided herein, the BLS Consumer Price Index for the then -current month shall be determined and the rent commencing with the start of
each such one (1) year period shall be adjusted by increasing the Basic Rent proportionately, as the said BLS Consumer Price Index for the month has
increased as compared with the base BLS Consumer Price Index provided above. If the BLS Consumer Price Index decreases, Basic Rent shall not decrease.
40. RULES. Tenant shall abide by attached Building Rules and Regulations, which may be reasonably changed or amended, at any time, by Landlord to
promote a safe, orderly and professional Building environment.
41. PARKING. Tenant and all Tenants' employees shall comply with all municipal, subdivisional or other restrictive covenants imposed on Landlord.
Vehicles shall be towed at owner's expense for any of the following violations: (a) parking in any area other than as specifically designated by Landlord; or (b)
lack of a properly displayed parking permit, if issued by Landlord; or (c) parking across stripes marking the parking spaces Landlord, at its sole discretion, may
designate the specific space or area in which vehicles shall be parked and may change the same from time to time. Landlord may make, modify, or enforce
rules and regulations relating to the parking of vehicles, and Tenant hereby agrees to obey such rules and regulations. Tenant shall only use a prorata share of
parking spaces as designated by Landlord. In the event the Building does not possess parking, Landlord shall not be responsible for providing parking.
BPMC.Lease Form.TX.08
Tannnt onosomuc
BUILDING RULES AND REGULATIONS
1. No sign, picture, advertisement, name or notice shall be inscribed, displayed or affixed on or to any part of the inside of the Building or the Premises
without the prior written consent of Landlord and Landlord shall have the right to remove any such item at the expense of Tenant. All approved signs or lettering
on doors and the building directory shall be printed, painted, affixed or inscribed at the expense of Tenant by a person approved by Landlord. Tenant shall not
place anything near the glass of any window, door, partition or wall which may appear unsightly from outside the Premises; provided, however, that Landlord
may furnish and install a Building standard window covering at all exterior windows. Tenant shall not, without written consent of Landlord, cover or otherwise
sunscreen any window.
2. Landlord shall approve in writing, prior to installation, any attachment of any object affixed to walls, ceilings, or doors other than pictures and similar items.
3. The directory of the Building will be provided exclusively for the display of the name and location of Tenant only, and Landlord reserves the right to exclude
any other names therefrom.
4. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by Tenant or used by Tenant for any purpose other than
ingress to and egress from the Premises. The halls, passages, exits entrances, elevators, stairways, balconies and roof are not for the use of the general
public and the Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of the Landlord
shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to
prevent such access to persons with whom the Tenant normally deals in the ordinary course of Tenant's business, unless such persons are engaged in illegal
activities. No tenant and no employees or invitees of any tenant shall go upon the roof of the Building. Tenant shall not prop open the entry doors to Building
or Premises.
5. No additional locks or bolts of any kind shall be placed upon any of the doors or windows of the Premises or the Building by Tenant, nor shall any changes
be made in existing locks or the mechanisms thereof without the prior wntten consent of the Landlord. Tenant must, upon the termination of its tenancy, return
to Landlord all keys to the Premises. If Tenant fails to return any such key, Tenant shall pay to Landlord the cost of changing the locks to the Premises if
Landlord deems it necessary to change such locks.
6. The toilet rooms, urinals, wash bowls and other apparatus in the Premises or Building shall not be used for any purpose other than that of which they were
constructed and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from the
violation of this rule shall be borne by Tenant.
7. Tenant shall not overload the floor of the Premises, mark on, or drive nails, screw or drill into the partitions, woodwork or plaster or in any way deface the
Premises or any part thereof. No boring, cutting or stringing of wires shall be permitted except with the prior written consent of and as the Landlord may direct.
8. No furniture, freight or equipment of any kind shall be brought into the Building without the consent of Landlord and all moving of same into or out of the
Building shall be done at such time and in such manner as Landlord shall designate. Landlord shall have the nght to prescribe the weight, size and position of
all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building and any damage
caused by moving or maintaining such safe or other property shall be repaired at the expense of Tenant There shall not be used in any space, or in the public
halls, of the Building, either by any tenant or others, any hand trucks except those equipped with rubber tires and side guards.
9. Tenant shall not employ any person or persons for the purpose of cleaning the Premises without the consent of Landlord. Landlord shall be in no way
responsible to Tenant for any loss of property from the Premises or other damage caused by Landlord's janitorial service or any other person. Janitorial service
will not include the cleaning of carpets and rugs, other than vacuuming. If the Premises requires more than building standard janitorial service, such excess
service shall be at Tenant's cost.
10. No Tenant shall place anything in the hallways of the Building. No trash shall be placed in the common area.
11. Tenant shall only be permitted use as general office space. No tenant shall occupy or permit any portion of the Premises to be occupied for lodging or
sleeping or for any illegal purposes or permit any pet within the Premises or Building.
12. Tenant shall not use or keep in the Premises or the Building any combustible fluid or material, including the use of space heaters, and shall not permit any
open flame, including candles, incense, etc.
13. Landlord will direct electricians as to where and how telephone wiring shall be located. No boring or cutting for wires will be allowed without the written
consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the approval of Landlord.
14. No Tenant shall lay linoleum or other similar floor covering so that same shall be affixed to the floor of the Premises in any way except by a paste, or
other material, which may easily be removed with water, the use of cement or other similar adhesive materials being expressly prohibited. The method of
affixing any such linoleum or other similar floor covering to the floor, as well as the method of affixing carpets or rugs to the Premises, shall be subject to
approval by Landlord. The expense of repairing any damage resulting from a violation of this rule shall be borne by the tenant by whom, or by whose agents,
employees, or invitees, the damage shall have been caused.
15. Tenant shall provide and use chair pads and carpet protectors at all desk and furniture locations.
16. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such
hours and in such elevators as shall be designated by Landlord.
17. Office Building hours are 7:00 a.m. to 6:00 p.m. Monday through Friday and HVAC will be provided during office building hours.
18. Access to the Building and parking may be controlled by the use of electronic card key or by other method deemed necessary by Landlord. Tenant shall
be issued card keys or other ingress/egress devices and a deposit for each card or device shall be paid upon issuance of the cards. In the event that Tenant
shall damage or lose the card key(s) or device(s), then Tenant's deposit for such card or device will be forfeited, and Tenant will be required to pay another
equal deposit.
BPMC.Lease Form.TX.08 6
Tonnnt Onctna0c
19. If Landlord or any other tenant complains about smoke, fumes or odors caused by smoking in a tenant's Premises, smoking shall be prohibited in such
Premises from and after the date of such complaint. Smoking is prohibited in the common areas of the Building at all times. Smoking is not permitted in the
building at all, including tenant spaces, if prohibited by local law or ordinance
20 Landlord reserves the right to require payment, in advance, for certain services not required of Landlord under this Lease. Such charges include, but are
not limited to, processing "bounced" checks, changing locks, reviewing and signing lien waivers, lease assignments, providing after hours HVAC rates, etc. and
are subject to change at anytime without notice.
21. In order to receive a refund of its security deposit, if any, Tenant agrees to provide a forwarding address to Landlord, in writing, on or before the
termination date of the Lease. Tenant agrees that it waives any rights and remedies with regard to the security deposit if it fails to provide such forwarding
address to Landlord, in writing, on or before the termination date of the Lease, including waiver of the right to receive a refund and to receive a descnption of
damages and charges. Landlord shall have sixty (60) days from the date Tenant surrenders the premises and Landlord's receipt of Tenant's forwarding
address, to refund the security deposit and/or provide a written description of damages and charges.
22. Landlord reserves the right to charge Tenant, and require payment in advance, for services and/or expenses not required of Landlord under this Lease, or
incurred in relation to the Lease. Such charges include, but are not limited to, processing "bounced" checks, changing locks, reviewing and signing lien
waivers, lease assignments, sublet documents, providing after hours HVAC rates, etc A list of charges can be obtained from the Landlord's representative.
The charges are based on the cost to the Landlord or its management company to provide the service which is charged for, and are subject to change at
anytime without notice.
23. Landlord reserves the right to exclude or expel from the Building any person who, in the judgment of Landlord, is intoxicated or under the influence of liquor
or drugs, or who shall in any manner do any act in violation of any of the Rules and Regulations of the Building.
Rules - 1
BPMC.Lease Form.TX.08 7
1
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Exhibit "B"
Suite 2505
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Exhibit "D99: 1k nventoky Agrcemnent
Tenant shall have the use of the available furniture currently located within the space.
Landlord retains ownership of the above mentioned inventory as listed below. Tenant
shall be responsible for any missing or damaged furniture.
25 - Chairs
5-Desks
2=Ariniores
2-Bookcases
4-Pile Cabinets
1-Trash Ca.n
1-Small Square Table
1-Table
Tenant Signature Date
ahavkA k,‘,1 . Dat4;ek
Print Name
C
EXHIBIT "G" - GUARANTY
Landlord: , L.P.
Tenant:
Premises: Commencement:
Name of guarantor:
Guarantor's Address:
Street City State and Zip Code
To induce Landlord to enter into the Lease and for other consideration, Guarantor aggress that-
1. Guarantor guarantees the performance of Tenant's obligations under the Lease.
2. This is a pi imary, irrevocable, and unconditional guaranty of payment and performance and not of collection and
is independent of Tenant's obligations under the Lease.
3. Guarantor will make all payments to Landlord at Landlord's address set forth in the Lease.
4. This guaranty will remain in effect regardless of any modification or extension of the Lease.
5. Guarantor's obligations will not be diminished by any compromise or release agreed on by Tenant and Landlord
or by discharge, limitation, or modification of Tenant's obligations in any bankruptcy or other debtor relief
proceeding.
6. If there is more than one guarantor, the obligations of each guarantor will be joint and several.
7. (State) law applies to the guaranty.
Guarantor waives its rights-
1. To notices of acceptance, modification, extension, and default and any other notice.
2. To claim any defense arising out of lack of diligence; any failure to pursue Tenant; loss of impairment of any
right of subrogation or reimbursement; release of any other guarantor or collateral; death, insolvency, or lack of
corporate authority of Tenant; and waiver release, or election, based on Landlord's or Tenant's rights and
obligations under the Lease and the enforcement of its terms.
The prevailing party in any dispute arising out of this guaranty will be entitled to recover reasonable attorney's fees.
Guarantor signature
Boxerpropmancorp I /01.guaranry
Printed name Date
M&C Review
C1TV COUNCIL AGENDA
COUNCIL ACTION: Approved on 2/9/2010
DATE: 2/9/2010 REFERENCE NO.: **C-24086
CODE:
SUBJECT:
C TYPE: CONSENT
LOG NAME:
PUBLIC
HEARING:
Authorize a Lease Agreement with Town Center Mall, L.P., for Office Space Located at
La Gran Plaza, 4200 South Freeway, Suite 2505, for the Parks and Community Services
Department, Community Services Division, American Recovery and Reinvestment Act
Offices (COUNCIL DISTRICT 9)
Page 1 of 2
Official site of the CO of Fort Worth, Texas
FORTWORTI I
80ARRAaLAGRAN
LEASE
NO
RECOMMENDATION:
It is recommended that the City Council authorize a Lease Agreement with Town Center Mall, L.P., for
office space located at La Gran Plaza, 4200 South Freeway, Suite 2505, for a term from February 1, 2010,
through September 30, 2010, or until termination of grant funding in the amount of $3,000.00.
DISCUSSION:
On June 23, 2009, (M&C C-23624) the City Council authorized the execution of a contract with the Texas
Department of Housing and Community Affairs in an amount up to $3,000,000.00 for the Community
Services Block Grant American Recovery and Reinvestment Act of 2009 for the period from August 1,
2009, through September 30, 2010. The program is implemented through the Community Services Division
of the Parks and Community Services Department.
The program supports employment related services and activities that create and sustain economic growth
in a manner that meets the short-term and long-term economic and employment needs of individuals whose
income is up to 200 percent of the income guidelines as set by the United States Department of Health and
Human Services for 2009. As of August 1, 2009, the program has conducted 16 orientation sessions with
637 participants attending. In order to process all client applications in a timely manner, additional grant
funded staff are necessary. The current office (440 square feet) is not adequate to accommodate the
additional personnel. Town Center Mall officials have offered to lease a fully furnished larger area (2,365
square feet). The lease fee, utilities and all associated facility operational costs are grant funded. No City
general funds will be used for this program. The area will allow staff to hold confidential interviews with
program participants.
This program serves ALL COUNCIL DISTRICTS The property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 080200385020 $24,000.00
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13 037&councildate=2/9/2010 2/22/2010
M&C Review
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating_ Department Head: Richard Zavala (5704)
Additional Information Contact: Sonia Singleton (5774)
ATTACHMENTS
Page 2 of 2
http://apps.cfwnet.org/council packet/mc_review.asp?ID=13037&councildate=2/9/2010 2/22/2010