HomeMy WebLinkAboutContract 45229 (2)((ATV SECRETIAM
CONTRA Hilo
LEASE AGREEMENT
2
'l'his LEASE AGREEMENT (the "Lease") is made and entered into as of pi ' i')I , 2013 by and between TIIE CITY OF FORT WORTH, a Texas municipal corporation
1 1
("Lessor") and THE HERTZ CORPORATION, a Delaware corporation ("Lessee' ):
•
WHEREAS, Lessor is the owner of real property located at 917 Taylor Street, Fort
Worth, '1,exas, which is improved with an office building and an attached parking garage known
as the Municipal Parking Garage ("Garage"), and a parking lot commonly known as the Motor
Pool Lot at the same address (the "Motor Pool Lot") (the office building and parking areas and
the underlying laird is collectively hereinafter referred to as the "Property");
WHEREAS, Lessee desires to lease approximately 914 square feet of office space
("Store Premises") as depicted on Exhibit "A" attached hereto, together with six contiguous
parking spaces on Level 1 A of the Garage, eleven non-contiguous parking spaces on the 6th floor
of the Garage, as well as three contiguous spaces in the Motor Pool Lot (collectively the
"Parking Premises"), all parking spaces are designated on Exhibit "A" attached hereto for all
purposes, said Store Premises and Parking Premises are sometimes collectively referred to herein
as the Leased Premises; and
WHEREAS, Lessor desires to lease to Lessee the Leased Premises on the terms and
conditions agreed to below.
NOW, THEREFORE, WITNESSETH:
ARTICLE ONE
LEASE OF PREMISES
In consideration or the mutual covenants and agreements of this Lease, and other good
and valuable consideration, Lessor demises and leases to Lessee, and Lessee leases from. Lessor,
the Leased Premises.
ARTICLE 'f}VV`()
•
Section 2.0E. Subject to the covenants and conditions herein contained, Lessee shall have
m d hold the Leased Premises for a term of three (3) years (the "Fermi commencing on
December 1, 2013 ("Commencement Date"), and ending at midnight on November 30, 2016
(the "Expiration Date"), subject to earlier termination as described herein or extension as
described herein.
Lessee shall have one (1) option to extend the leurn For an additional period of two (2)
years to commence the day tol lowing the i hen scheduled Expiration Date (the "Extension
Option"). The extension described herein c;hall be upon the satire terms and conditions of this
Lease, except that Lessee shall pay Lessor monthly gross rent payments in the sum of $3,704.29
(based on $19. 75 per square foot per year for office space and S 1 1 O.00 ; _ e pfjr i g space
sielir
(*HOWE] kia,IFKu
CITY SECRETARY
FileilbeL
RECEIVED 1\13v 2 U 2013
RECEIVED DEC 0 2013
month). Lessee shall exercise the Extension Option by giving Lessor written notice at least
ninety (90) days prior to the then Scheduled Expiration Date.
Section 2.02. Lessee shall have no right to remain in possession of all or any part of the
Leased Premises alter the expiration of the "Perm without Lessor's consent. It Lessee remains in
possession of all or any part of the Leased Prernises after the expiration of the Thin without the
consent of Lessor, such tenancy shall be deemed a month -to -month extension of this Lease at the
last monthly rental, and may be terminated by either party on thirty (30) days' written notice.
ARTICLE THREE
USE OF LEASED PREMISES; COMPLIANCE WITH LAW
Section 3.01. Lessee is granted and shall have the right to use and occupy the Leased
Premises solely for the purpose of the operation of a car rental facility, and for no other purpose
without the written consent of Lessor. Lessee shall park Lessee's vehicles only in the Parking
Premises and shall not park or allow any of its vehicles in any other parking space in the Gat age,
or Motor Pool Lot and shall not allow any of its vehicles to obstruct any driveway, ramp, or other
parking space in the Garage or Motor Pool Lot. Lessee shall not allow employee parking in the
Motor Pool Lot. Lessee shall have the right to vacuum its vehicles on the roof of the Garage;
provided, however, that Lessee shall be responsible for properly disposing of any trash or debris
from cleaning.
Section 3.02. Lessee, at its own expense, shall promptly comply with all federal, state,
municipal, and other laws, ordinances, rules, and regulations applicable to the Leased Premises
and to Lessee's business conducted in the Leased Premises, but only to the extent the necessity
of such compliance arises solely out of Lessee's specific manner or method of use of the Leased
Premises. Notwithstanding the above, the cost of complying with any such laws, ordinances,
rules and regulations which require structural changes to the Leased Premises or require repairs
which are the Landlord s responsibility hereunder, shall be borne by the Landlord. Lessee shall
not commit any act inconsistent with the operation of its business which is a nuisance or
annoyance to Lessor, or which might, in the exclusive and reasonable judgment of Lessor,
appreciably damage Lessor's reputation, or tend to injure or depreciate the Leased Premises.
Lessor shall promptly comply with all federal, state, municipal, and other laws, ordinances, rules,
and regulations applicable to the Property, except for such laws and rules that are Lessee's
responsibility as set forth in the Paragraph 3.02.
Section 3.03, t
t'rcrni:;es any I taz irdot.
sect Prernises. 1
EH). • tvials, kVuNte.s
I -teal, ;rate or federal I
ccintamination or my I1
Inder no circumstances will Lessee use or cause to be used on the Leased
s Substance, or ;tore or iispose of :try such substances or mlterion
l-t,.trbous Snhs,taitc,cgs ;hall tiie,ail those materials definc'ci us hat irciotus or
tubst nice s urtdcr t- ERCL/\. P.L. 96-510, as ancrtdcd, or any other
v rt?gulor \varracits that there is r o pre cxk;ttng
dons Sub,}tanc.e present in any portion of the Leased Premises.
Section 3 04. Lessee taking possession of the Leased Prernises shall be conclusive
evidence that (a) the Leased Premises are suit•tble For the purposes and uses for which same are
leased; and (b) Lessee waives any and all detects in and to the Leased Premises, its
1ppurtenances, .1nd in all the appurtenances thereto, except for latent defects. Further, Lessee
Page 2 of 14
takes the Leased Premises and all appurtenances, in "AS IS" condition without warranty,
expressed or implied, on the part of Lessor, subject to Lessor's repair and maintenance duties as
provided in Paragraph 6.04 of this Lease Agreement. Lessor shill secure all doors within the
existing office space to prevent 'recess into any portion ot'the office space that extends into the
Leased Premises. Lessor shall not be liable to Lessee, Lessee's agents, employees, invitees,
licensees, or guests for any thm ige to any person or property due to the Leased Premises of any
pal of any appurtenance thereof being improperly constructed or being or becoming in disrepair
unless such injury or damage is caused by or is the result of a breach of Lessor's duty to inspect
or make repairs as provided in Paragraph 6.04 of this Lease Agreement.
Section 3.05. Lessee shall make no alterations in, or additions to, the Leased Premises
without the prior written consent of Lessor. Subject to the provisions of Section 5.04 of this
Lease Agreement, any permanent alterations, additions and/or improvements made to or fixtures
or other improvements placed in or upon the Leased Premises (with the exception of trade
fixtures, shelving, racks, personal property, furniture, machinery or equipment), shall be deemed
a part of the Leased Premises and the property of Lessor at the end of the term of the Lease. All
such alterations, additions, improvements, and fixtures shall remain upon and be surrendered
with the Leased Premises as a part thereof at the teinunation of this Lease. Lessee shall not
install signs, advertising media, and lettering without prior written approval of Lessor.
Section 3.06. Lessee shall not paint, erect, or display any sign, advertisement, placard,
or lettering which is visible from the exterior of the Facility without Lessor's prior written
approval, except that Lessor hereby approves the existing signage. Lessee shall remove all
signage at the expiration or termination of this Lease, and shall promptly repair, at its sole cost
and expense, any damage to the Leased Premises caused by the signage or its removal.
Section 3.07. Lessee shall not permit the use of loud, abusive, foul, or obscene language
in the Store Premises or the Garage Premises, nor permit any unlawful, obscene, or immoral acts
on the Store Premises or Garage Premises. Lessee further agrees to remove any person using
such language or performing such acts.
Section 3.08. Lessee agrees not to injure, annoy, or interfere with the rights of any other
tenants of Lessor or any other users of the Garage.
ARTICLE FOUR
REN FS AND DEPOSIT
Tarn .t)L t.t.;.,E:u :,ball pay to Lcs. or monthly rt nt ot . 3fI32. 70 t" tent"), t•alcul;rt� �f
r:y frtllow
(1) More Pr Anise 1 X.R 1 per .iel►raire toot of utiire .,pace far 914 :;cluare Feet, for
a monthly rate of S 1, 432.70; and
(2) Garage Premises: $100 per parking space tier twenty parking spaces, for a
monthly rate of $2000.00.
Page 3oft•4
Section 4.02. Lessee shall pay to Lessor, at the Department of Transportation and Public
Works, Parking Services, 311 west 10th Street, Fort Worth, Texas 76102, or such other address
as the Lessor may designate from time to time, the Rent during each month the Lease remains in
effect. Lessee shall pay all such Rent monthly in advance and without demand, to be received by
Lessor on the tenth day of each month. If the payment of Rent is not received by Lessor as
provided herein, then all amounts due and payable to Lessor hereunder shall bear interest from
the elate the payment of Rent was due until paid, at a per annum rate of interest equal to the lesser
of ('i) eight percent (8%) or (b) the highest non -usurious rate permitted by applicable law.
Notwithstanding the foregoing to the contrary, Lessor shall waive late charges for delinquent
Rent payment for the first time Rent is delinquent in a twelve (12) month period. Time is
specifically of the essence of this provision •rnd of every provision of this Lease.
ARTICLE FIVE
TAXES AND OTHER CHARGES; LIENS
Section 5.01. Lessor shall be responsible for the payment of all assessments, ad valorem
taxes, and other taxes of any kind levied on or assessed as a result of Lessee's operations
hereunder, which shall be paid to the assessing entity by the prescribed due date. Lessee shall be
responsible for paying all personal property taxes with respect to Lessee's personal property at
the Leased Premises.
Section 5.02. Lessor shall furnish Lessee with all utilities, lighting, heating, plumbing,
water, sewer, and air conditioning systems. Lessee shall provide its own janitorial service.
Section 5.03. Lessee will not permit to remain, and will at its cost and expense discharge
within thirty (30) days, all liens, encumbrances, and charges upon the Leased Premises or a part
thereof, arising out of the use or occupancy of the Leased Premises or a part thereof, or by reason
of any labor or mates ials furnished or claimed to have been furnished, by, through, or under
Lessee, by reason of any construction, alteration, addition, repair, or demolition of any part of the
Leased Premises.
Section 5.04. Lessee may, at any time while it occupies the Leased Premises, or within a
reasonable time thereafter, not to exceed sixty (60) days, remove petsonal property, furniture,
fixtures, machinery, equipment, or other trade fixtures owned or placed by Lessee, its subtenants
or licensees, in, under, or on the Leased Premises, or acquired by Lessee, whether before or
dui ing the 'term ind any extension. Lessee must repair any damage to any buildings or
improvements on the Leased Premises resulting from the removal. Any such items not removed
,viihin a rc}a,,unahle time rltic,r tht Lease termination date, not to exceed sixty (tit)) (lays, will
I1cc7011te 's property on that date,
\RI'ICI,E SIX
y1AINfi'ENANCE AND 171i PMR
Section 6.01. Subject to Section 6.04, Lessee shall, at Lessee's sole expense, perform all
routine maintenance and repairs to the inteiior of the Le ised Premises c Mnsistent with keeping
the Leased Premises in good condition and repair, including, without limitation, as to the
Page 4ot'I4
electrical and plumbing components located within the Leased Premises and excluding the
heating, ventilation and air condition system serving the Leased Premises. Lessee shall provide
its own janitorial services. Upon termination of this Lease, Lessee shall surrender the Leased
Premises to Lessor in substantially the same condition as at the commencement of the Lease,
excepting only ordinary wear and tear and damage '1nd subject to Section 6.02.
Section 6.02. On or prior to the beginning of the Term, Lessee shall conduct a thorough
and diligent inspection of the Leased Premises. Lessee's taking possession of the Leased
Premises shall be conclusive evidence that the Leased Premises are iit good order and
satisfactory condition as of Lessee's taking possession except for conditions noted from Lessee's
inspection of the Leased Premises. No promises of Lessor to alter, remodel, repair, or improve
the Leased Premises and no representations respecting the condition of the Leased Premises have
been made by Lessor to Lessee, other than as expressly contained in this Lease.
Section 6.03. lessee, at Lessee's sole cost and expense, may make alterations to the
Store Premises, with the prior written approval of Lessor, which approval shall not be
unreasonably withheld, conditioned or delayed.
Section 6.04. Lessor shall be responsible, at Lessor's sole cost and expense, for: (i) any
necessary structural repairs and maintenance, (ri) maintenance, repair, or replacement of the roof,
exterior walls, and foundation, electrical and mechanical systems and the heating, ventilation and
air conditioning systems serving the Leased Premises, and (iii) repairs, maintenance of the
P arking Premises. Lessee agrees to make all non-structural interior repairs as set forth in
P aragraph 6.01. Lessor shall have the right to make inspections of the Store Premises upon
reasonable notice and thereafter make reasonable recommendations to Lessee about the Store
P remises. Lessee agrees that it shall, within forty-five days from the date of Lessor's
recommendations, begin the recommended repairs in accordance with its obligations set forth in
Section 6.01. If Lessee fails to undertake the aforementioned recommended repairs within forty-
five days, Lessor may, upon reasonable notice to Lessee, undertake the repairs it deems
necessary, and the reasonable cost of the repairs by Lessor shall be paid by Lessee within thirty
(30) days after notice that the repairs are complete.
ARTICLE SEVEN
INDEMNIFICATION
Section 7.01. LESSEE HEREBY ASSUMES ,ALL LIABILITY AND
SPOsNS1BIl.ITY FOR PROPERTY LOSS, PROPERTY OA;i-IACE AND/OR
()N:\L INJURY OF :ANY KIND, INCLUDING DE.1.'I'II, TO \NY ,AND ALI
)NS, OF ANY KIND OR CI1ARACTI+;R, WIIETI[ER RFAI. OR ASS ERI'ED,
NCK OUT OF (.)R IN CONNECTION 'Mill LESSEE S USE OF THE LEASE[)
IISES UNDER [`I[IS LEASE, EXCEPT TO HE EX I'ENI CAUSED [3Y CI[E
CENT ACTS OR OMISSIONS OR IN FENTIONAL MISCONDUCT OF LESSOR,
ITS EMPLOYEES AGENTS, INVITEES, OR CONTRACTORS.
LESSEE COVENANTS ANI) AGREES TO, AND DOES
IIOt I) 1I1\RII'ILF;SS .<\ND DEFEND LESSOR, ITS OFFICERS
EI3Y, INDEMNIFY,
ENTS, SERVANTS
Page 5of14
AND EMPLOYEES, FROM AND AGAINST ANY AND :ALL CLAIMS OR LAWSUITS
FOR EITHER PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHFR REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
L ESSEE'S USE OF THE LEASED PREMISES, EXCEPT TO TI-IE EXTENT CAUSED BY
THE NEGLIGENT ACTS OR OMISSIONS OR INTENT IONAL MISCONDUCT OF
L ESSOR, ITS EMPLOYEES, AGENTS, INVITEES OR CON TRACTORS.
SUBJECT TO LESSEE AND LESSOR'S OBLIGATIONS AS CONTEMPLATED
IN PARAGRAPH 7.02 BELOW, LESSEE ASSUMES ALL RESPONSIBILITY AND
AGREES TO PAY LESSOR FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S
PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL
ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, EXCEPT TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR, ITS EMPLOYEES, AGENTS, INVITEES OR
CONTRACTORS.
LESSEE SHALL RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD
HARMLESS THE LESSOR, ITS AGENTS, ENIPLOYEES, INVITEES, OR
CONTRACTORS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND
THE VIOLATION OF ANY AND ALL FEDERAL, STATE, LOCAL OR MUNICIPAL
LAWS, STATUTES, REGULATIONS, RULES OR ORDINANCES RELATING TO THE
ENVIRONNIENT RESULTING FROM LESSEE'S USE OF THE LEASED PREMISES
AND PROVIDED SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF
SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR
O MISSION OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCON TRACTORS, LICENSEES, OR INVITEES OR THE JOINT ACT OR
O MISSION OF 1 ENANT ITS OFFICERS, AGENTS, EMPLOYEES. LESSEE IS
EXPRESSLY NOT LIABLE FOR AND DOES NOT INDEMNIFY FOR ANY
ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL
REQUIREMENTS WHICH HAVE OCCURRED PRIOR TO THE DATE OF TENANT'S
[NI TIAL OCCUPANCY OF 'THE LEASED PREMISES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTION TO LESSEE OR TTS
PROPERTY. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY
?R:SON ON THE LEASED PREMISES OR FOR ("ARM R4 CO ANY PROPERTY WI)ICII
I.ONGS TO I,E+;° SE:E, ITS ()FFICE:RS, AGEN' IS, SERVANTS, E;i11PLOY E'ES
NFRACTORS, SUUCON'TRM'I'OR.S, I,!(TN Er.s, INVITEES OR PATRONS
ICA MAY RE, SCOI,KN, DESTROYED OR IN :\NY WAY D_INIACED; AND LESSEE
E'BY INDEMNIFIES ,\ND U4)LI)S HARMLESS LESSOR, I'LS a)FUIC'ERS,
4VANtIS AND EMPLOYE ES FROM I ViNI) AGAINST ANY AND :ALL SUCH CLAIMS,
`EPT TO THE EX TENT CAUSED [3Y THE NEGLIGEN T ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR, ITS ENIPLOYEES, AGENTS, INVI TEES
OR CON I'RAC['ORS.
Page 6of14
7.02. LESSOR NOR ITS AGENTS, EMPLOYEES, INVITEES OR CONTRACTORS
(INDIVUDALLY AN INDEMNITEE AND COLLECTIVELY THE "INDEMNITEES')
SHALL F3E LIABLE IN ANY MANNER TO LESSEE, ITS AGENTS, EMPLOYEES,
INVITEES CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE
OF THE LEASED PREMISES BY ANY OF THEM, FOR ANY INJURY TO OR DEATH OF
PERSONS UNLESS CAUSED BY T HE NEGLIGENT ACTS, OMISSIONS, OR
INTENTIONAL MISCONDUCT OF SUCH PARTY. IN NO EVENT SHALL ANY
INDEMNITEE BE LIABLE IN ANY MANNER TO LESSEE OR ANY OTHER PARTY AS
THE RESULT OF THE ACTS OR OMISSIONS OF LESSEE ITS AGENTS, EMPLOYEES,
CONTRACTORS, INVITEES, OR ANY OTHER PARTY, IN CONNECTION WITH THE
USE OF THE LEASED PREMISES BY ANY OF THEM. ALL PERSONAL PROPERTY
WITHIN VEHICLES USING THE LEASED PREMISES, WHETHER PURSUANT TO THIS
LEASE OR OTHERWISE SHALL BE AT THE RISK OF LFSSEE ONLY, AND NO
INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO
PROPERTY OF LESSEE, ITS EMPLOYEES, AGENTS, PATRONS, INVITEES, OR TO
OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO
EMPLOYEES OF LESSOR OR SUCH LOSS OR DAMAGE IS OCCASIONED BY
CASUALTY, THEFT OR ANY OTHER CAUSE OF WHATSOEVER NATURE, EXCEPT AS
OTHERWISE PROVIDED IN THIS ARTICLE 7.
7.03. The provisions of this Article Seven shall survive the termination or expiration of
this Lease.
ARTICLE EIGHT
INSURANCE AND CASUALTY
8.01 Lessor shall, at all times during the Term of this Lease maintain a policy or
policies of insurance issued by and binding upon an insurance company, insuring the building of
which the Leased Premises are a part against loss or damage by fire or other hazards and
contingencies.
8.02 Lessee shall maintain its own insurance on Lessee's merchandise, equipment, and
possessions in or about the Leased Premises. Any insurance coverage maintained by Lessor
shall insure Lessor's property only and will not insure Lessee's property, trade fixtures, or
rueiultaudise on the Leased Premises in the event of damage however caused. Any insurance
coverage maintained by Lessee shall insure Lessee's property only and will not insure Lessor's
property or the Leased Premises in the e\'etlt ofdatnage however cruised.
,;
tII ooc ttre trtd maintain for [hdue,ttion of the €.c';t;;r :r uraftc a4;r1111st
it is Iur- injatties ta_t 13c;r ens or clam ties h) Itrc Iperty \o lticlt witty arise front t}r in connection with
c e , <,t t r.tnon nd !r::e crC the Le.tsc'cf Premises. 1 he i_.ost of loch limn r,tice shall he horne
i)3
by the Lessee, sinless otherwise „peelhed.
Lessee shall taintain limits no less than:
Page 7or14
. Commercial general liability: $ 1,000,000.00 combined single limit per occurrence for bodily
injury, personal, and property damage. Minimum $2,000,000.00 aggregate.
2. Commercial "All Risk" Property insurance covering Lessee's personal property.
hlrlitional Requirements to Coverages
• Deductibles and Self -insured Retentions -- Any deductibles or self -insured retentions must be
declared to and approved by the Lessor, which approval may not be unreasonably withheld,
delayed, denied, or conditioned.
• The following provisions shall apply to: General liability and automobile liability coverage
o The Lessor, its officers, officials, and employees are to be covered as "additional"
lnsured's as respects: liability arising out of premises owned, leased, or used by the
Lessee.
+ Each insurance policy required by this agreement shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits requested, except
after 30 days' p►ior written notice by certified mail return receipt requested, has been given to
the Lessor.
• Acceptability of Insurers Insurance is to be placed with insurers approved or licensed to do
business in the State of Texas with a Best's rating of no less than A- VII.
• Verification of Coverage -- Lessee shall furnish the Lessor with certificates of insurance
effecting coverage required by this clause. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. In addition, the
Lessor, its officers, and employees are to be endorsed as an "Additional Insured". The Lessor
reserves the right to obtain complete, certified copies of all required insurance policies, at any
time.
Notwithstanding anything in this Article 8 to the contrary, Lessee may provide any coverage
required herein through its self-insurance program. If Lessee elects to self -insure, no Certificate
of Insurance will be issued, but Lessee shall provide other proof satisfactory to Lessor of such
self-insurance.
8.04 In case of damage by tire or other insured casualty to the Leased Premises, Lessee
shall give immediate notice to the Lessor and to Lessee's casualty insurance provider. Lessee
shall cooperate with Lessor in any reasonable manner requested so that Lessor may tile a
claim(s) for the ilamagc, caused by the casualty event. Lessor shall decide, in Lessor's sole
discretion, whether to repair, rebuild, or replace the Leased Premises or the building located on
the Leased Premises; provided, however, it' the Pteniises is partially data. ed, Lei;got shall repair
:and
tolit
of
e
:e :,hail be itilow;omen ofdiminuti era
on to the E=xtcttt to which the Leased I
or the. ed Premises as soon as possible but in no event longer than sixty (6()) days
the elate o1'the lire or casualty.
ntal in pi
;ed I're trait c,s or the building of which the Le tsed Premises are a part shall be d cured by
cssor, in Lessor's sole opinion, to he so damaged as to be unfit for occupancy, or it' the Lessor
shall decide to not rebuild, this Lease shall terminate and Lessee shall only be liable for rent and
other monetary obligations under this Lease to (he time of the fire or the casualty. If the Leased
Premises cannot he rcpiircd, in Lessee s sole estimation, within sixty (60) days, Lessee at its sole
discretion may terminate the Lease.
aie tintena'-de; but if the
Page 8 of 14
ARTICLE NINE
EMINENT DOMAIN
If any part of the Leased Premises is taken by eminent domain, either Lessor or Lessee
may terminate this Lease. If neither Lessor nor Lessee elects to terminate the Lease, Rent will be
reduced in proportion to the area of the Leased Premises taken by eminent domain, and Lessor
shall repair any damage to the Leased Premises resulting from the taking. All sums awarded or
agreed upon between Lessor and the condemning authority for the taking of the interest of
Lessoi or Lessee, whether as damages or as compensation, will be the property of Lessor without
prejudice; provided, however, that nothing contained herein shall be deemed to give Lessor any
interest in or require Lessee to assign to Lessor any award specifically made to Lessee for
goodwill, Lessee's trade fixtures, or relocation or all of the foregoing. If this Lease is terminated
under this Article 9, Rent will be payable up to the date that possession is taken by the
condemning authority, and Lessor sh di refund to Lessee any prepaid unaccrued Rent less any
sum then owing by Lessee to Lessor.
ARTICLE TEN
SUBLETTING, ASSIGNING, AND MORTGAGING
Lessee may not assign its interest under this Lease or sublease the whole or any part of
the Leased Premises without the consent of Lessor, which shall not be unreasonably withheld,
conditioned or delayed, and any attempted assignment or sublease without Lessor's consent shall
be void. If the rent and other consideration payable to Lessee under any assignment or sublease
of this Lease exceeds the rent payable hereunder, Lessee shall pay to Lessor such excess within
thirty (30) days following receipt thereof by Lessee.
ARTICLE ELEVEN
TERIMIINATION; EVENTS OF DEFAULT BY LESSEE
AND REMEDIES OF LESSOR
Section ILO!. If Lessee defaults in performing any material covenant or term of this
Lease and does not correct the default within thirty (30) days after receipt of written notice tiom
Lessor to Lessee or an additional reasonable period if Lessee is proceeding with diligence to cure
the default, Lessor may declare this Lease and all rights and interest created by it, terminated. If
Lessor elects to terminate, this Lease will cease as if the day of Lessor' 3 election were the day
originally fixed in the Lease for its expiration.
Ell 's:;c t:ntCf*S #illo an ;igr etn etlt lt_ir Ow i <t e s}t premises by Le
11.13t: n `stl'cet 1',1r14ing Ciarage CFIston Calm? I_.e
IA \Vo th, [exits '6102, this Lease ;>hall terminate upon the commencement date of t1le
I-tousion (iarage Lease, unless otherwise agreed by the parties in writing.
"), located ;it 1200 Houston `'itr
t
Section 11.03. Effective it my time during the Term, Lessee may cancel this Lease by
giving Lessor at least sixty (60) days prior written notice of its intent to terminate this Lease and
paying a fee in the sum of Ihree Thousand four hundred Thirty Iwo and 70/l01 Dollars
Pah9 of 14
($3,432.70). Such notice may be given at any time during the Term. Cancellation of this Lease
pursuant to such option shall have the same force and effect as if this Lease had ended on its
natural expiration date. This Section 11.03 shall not apply to a termination of the Lease under
Section 11.02.
Section 11.04. Upon the termination of this Lease, Lessor may then or at any time
thereafter re-enter 4ind take complete and peaceful possession of the Leased Premises, with
process of law, and may remove all persons therefrom, and Lessee covenants that in any such
event it will peacefully and quietly yield up and surrender the Leased Premises to Lessor.
Section 11.05, In the event of the termination of this Lease by Lessor as provided for in
Section 1 1.01 or 11.02 'above, Lessor shall be entitled to recover from Lessee all rentals accrued
and unpaid for the period up to and including such termination date, as well as all other
additional sums payable by Lessee, or for which Lessee is liable or in respect of which Lessee
under any of the provisions hereof has agreed to indemnify Lessor, which may be then owing
and unpaid, and all costs and expenses, including court costs and reasonable attorneys' fees
incurred by Lessor in the enforcement of its rights and remedies hereunder. Lessor shall use
commercially reasonable efforts to mitigate its damages.
Section 11.06. If a court of competent jurisdiction makes or enters any final,
unappealable decree or order other than under the bankruptcy laws of the United States
adjudging Lessee to be insolvent, Lessor may declare the Lease terminated; and upon such
declaration, Lessee agrees to give immediate possession to the Lessor of the Leased Premises.
Section 11.07. No default by Lessor hereunder will constitute an eviction or disturbance
of Lessee's use and possession of the Leased Premises or render Lessor liable for damages or
entitle Lessee to be relieved from any of Lessee's obligations hereunder (including the obligation
to pay rent) or grant Lessee any right of deduction, abatement, set-off, or recoupment, or entitle
Lessee to take any action whatsoever with regard to the Leased Premises or Lessor until thirty
(30) days after Lessee has given Lessor written notice specifically setting forth such default by
Lessor, and Lessor has failed to cure such default within said thirty (30) day period, or if such
default cannot reasonably be cured within said thirty (30) day period, then within an additional
reasonable period of time so long as Lessor has commenced curative action within said thirty
(30) day period and thereafter is diligently attempting to cure such default.
Section 11.08. No waiver by the parties to this Lease of any default or breach of any
term, condition, or covenant of (his Le ise will he deemed to be a waiver of any other breach of
[(lc atiie it ether teen, condition, or covenant contained in this Lease. No provision of this
LCif`:e tn4ly under ;is"iy :'tr=: !iilstan!'f'S be deemed to hake I)een wa.VCII by caher l7<irtV fo iliis ase
ullc4 uch \.v,iivcr is irr writing Ind 'ngned by the pa►ty c_harued with talc!' waiver. Les.), e .
the receipt by Lessor of rent with the knowledge of the breach of any covenant or condition
CI this Lease by Lessee will not he deemed to be a waiver of such breach, and no provision of
this Lease will be deemed to have been waived by Lessor unless such waiver is in a written
instrument signed by Lessor.
t'age t0 of t4
1ARTICI,E TWELVE
MISCELLANEOUS
Section 12.01. Neither Ibis Lease nor any provision hereof may be changed, waived,
discharged, or terminated, except by an instrument in writing, signed by the party against which
the enforcement of the change, waiver, discharge, or termination is sought. Phis Lease shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
issigns.
Section 12.02. The headings in this Lease are inserted for reference only, and shall not
define or limit the provisions hereof.
Section 12.03. This Lease shall be fully executed when each party has signed and
delivered to the other (by mail, overnight delivery, facsimile or e-mail) at least one counterpart,
even though no one counterpart contains the signatures of all the parties to this Lease.
Section 12.04. In the event that any clause or provision of this Lease shall be held to be
invalid by any court or competent Jurisdiction, the invalidity of such clause or provision shall not
affect any of the remaining provisions hereof.
Section 12.05. This Lease expresses the entire understanding and all agreements of the
parties hereto with each other and neither p'irty hereto has made or shall be bound by any
agreement or any representation to the other party which is not expressly set forth in this Lease.
Section 12.06. All notices, consents, or other communications required or permitted
hereunder shall be deemed sufficient if given in writing and delivered personally or sent by
public or priv ite express mail or by U.S. Certified Mail, Return Receipt Requested, postage
prepaid, to the other party at the following addresses:
If to Lessee:
If to Lessor:
Copy to:
The Hertz Corporation
225 Brae Boulevard
Park Ridge, New Jersey 07656
Attention: Vice President, Global Real Estate
& Concessions
Telephone: 201-307-2000
fraiisimutation rrul Public Works I)r'partnictot
At in: t)it'cctor
City or Fort Wurlh
IO(tt) fhrockrnort{
Fort Worth, Texas 16102
City Attorney's Office
City of Fort Worth
1000 tilirockmorton
Fort Worth, Texas 76102
Page 1I of 14
or to such other address as such party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
Section 12.07. Lessor and Lessee covenant, warrant and represent to the other party that
there was no broker entitled to a commission, fee or other compensation instrumental in
consummating this Lease. Lessee shall indemnify and hold Lessor harmless against and from all
costs, expenses, damages and liabilities, including without limitation, court costs and reasonable
attorneys' fees and disbursements, arising from any claims for brokerage commissions, finder's
fees or other compensation resulting from or arising out of any actions by the Lessee or anyone
acting on behalf of Lessee other than Brokers.
Section 12.08. If Lessor and Lessee litigate any provision of this Lease or the subject
matter of this Lease, the unsuccessful litigant will pay to the successful litigant all costs and
expenses, including reasonable attorneys' fees and court costs incurred by the successful litigant
at trial and on any appeal.
[signature page follows]
IN WITNESS WHEREOF, this Lease is executed bythe to he effective on t ilac a or
partiesy
deal/Idyl& , 2013.
LESSOR: LESSEE:
C1TY OF FORT WORTH,
a Texas municipal corporation
BY %-;:ta‘(.IO/L--+
•
Fernando Costa,
Assistant City Manager -
Approved as to Form and Legality:
A 'sistant City Attorn
Attest:
City SecreGrirgitfire. ev2-•We
"HIE HERTZ CORPORATION, a Delaware
corporation
By: M
Name:A / ((k
Title: \I!‘ eQ i�i�� k Ah
co/cs(oris
OFFICIAL RECORD
CITY SECRETOR!'
EXHIBIT "A"
Taylor Street
Parlong-leased space
PARKING
ENTRANCE
ONLY
103
115
116
120
01
T/PW
TRAFFIC
ENGINEERING
104
CONFERENCE
ROOM 114
117
L✓
102
106
I CLOSET 110
122 123 124 126
• 1
T/PW
TRAFFIC
ENGINEERING
121
CLOSET
137
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
FACILITIES MANAGEMENT / ARCHITECURAL SERVICES DIVISION
401 WEST 13TH STIEET * ?ORT WORTH, TEXAS 76102
107
1366 1H°652 1 a
113
129
L_I O
WOMEN
108 109
TELCO/IT
ROOM
Cooks)
135
_�h
134
RAMP
CLOSET
T/PW
TRAFFIC
ENGINEERING
® = T/PW TRAFFIC ENGINEERING
1 = MUNICIPAL COURTS
1 = HERTZ RENTALS
J
JANITOR
139 RAMP
132
BREAK
ROOM
143
Rik
12345
EXHIBIT A
145
UNI—SEX
MEN
TOILET
145
0
$ 158
womly.�^ e.w!uw
RAMP
156
.4i 157
!::dmo8md Lu6�vuumiowmm.ien:::m
LOSET MECH1 0 ROOM
159
161
165
Py 166
::e�.irm�a�ew4WW�u
FEET
10 30
RAMP•
Th
153
154
MECHANICAL
ROOM
168
PARKING
ENTRANCE
& EXIT
fl
60
169
189
yunuPo7 OouAo cwt.
9eN9c
172
ELECTRICAL
ROOM
188
1
176 184
WOMEN STORAGE
185
STORAGE
182
WATER DEPAAMENT
181
BOILER
ROOM
187
SEWER 0
CLEANOUT
186
STORAGE
L
1ST FLOOR PARKING GARAGE
319 WEST 10TH STREET
FORT WORTH, TEXAS 76102
LJ
C1
THIS DRAWING 15 FOR SPACE PLANNING USE ONLY AND NOT FOR CONSTRUCTION
DATE 23 OCTOBER 200E1
702 703
701 704Ramp down
to loth Street
102
103
104
Ramp up to
next level
ta
105
106 107
r
Ramp level
to level B
139
Hertz spaces 102-107
Level B
Level A
109
E.
r
112
Ramp down
to Taylor
Street
Ramp level 4
to level B
T Stair I
111 110 138 .1.
Ramp up to
next level
137 136 135 134 133 132 131 130 129 128 127 126 125 124 123 122 121 120 119 118 117 11( 115
d
FLOOR 2
0z PARKING LEVEL 1
Hertz spaces 636-637; 654-662
601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624
1
i
Ramp down
to next level
1
662
662
Q
625
626 627
C
Ramp level
to level B
n r
4,
L
Level A
637 636
665
630 629 628
Level B
Ramp down
to floor
below
635 634 633
a
C Ramp level 51
to level B
631 632 564
4,
a
661 660 659 .V57 656 655 654 653 652 651 650 649 648 647 646 645 644 643 643 642 641 6401639 638
4 4 4
FLOOR 7
°z PARKING LEVEL 6
Hertz Parking Spaces
:at"
OP
ltraimr
IP
daft, if
917 Taylor
Street
17 spaces
inside the
garage
ram.,
.111101.
• .\
Three spaces in the parking
lot south of the garage
•
Goo c earth
1
M&C Review
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 11/12/2013
DATE: 11/12/2013 REFERFNCF NO.: **C-26556 LOG NARII :
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT W'OPXTII
2OHERTZ LEASE
2013
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Three -Year Lease with a Two -Year Renewal Option with the Hertz Corporation
for Office Space and Parking Spaces at the Municipal Parking Garage Located at 917
Taylor Street (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute a lease with the Hertz Corporation for
approximately 914 square feet of office space at an initial annual rent of $17,192.40 and 20 parking
spaces at an annual rent of $24,000.00, at the Municipal Parking Garage Premises, 917 Taylor
Street; and
2. Authorize a three-year term for the lease beginning December 1, 2013 with an option to extend for
one additional two-year term.
DISCUSSION:
The Hertz Corporation (Hertz) currently leases 914 square feet of office space at $18.81 per square
foot and 14 parking spaces at $100.00 per space in the Municipal Parking Garage, 917 Taylor Street,
for a car rental facility. The term of this lease has expired and is currently on a month -to -month term.
The proposed lease provides for the lease of 914 square feet of office space and 20 parking spaces
at a total annual rent of $41,192.40. Six of the parking spaces are contiguous spaces on Level 1A
and the remaining fourteen of the parking spaces are non-contiguous spaces on the sixth floor of the
parking garage and in the Motor Pool Lot on the 900 block of Taylor Street. The monthly rent will be a
total of $3,432.70. That is $1,432.70 for the office space and $2,000.00 for the parking spaces.
The term of the proposed lease will be three years beginning on December 1, 2013, with the option
for one additional two-year term which would terminate November 30, 2018. The lease would renew
upon receipt of a written notice from Hertz to the City at least 60 days prior to expiration of the lease
term. The rent for the office space will increase to $19.75 per square foot for the additional two-year
term and the fee on the parking spaces shall increase to $110.00 per month for each space.
This project is located in COUNCIL DISTRICT 9, Mapsco 77A.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department, Parking Services Department, is responsible for the collection and deposit of funds due
to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
P E59 442042 0208505 $24.000.00
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18563&councildate=11/12/2013 12/24/2013
M&C Review Page 2 of 2
PE59 442052 0208505 $17,192 40
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Peter Elliott (7977)
ATTACHMENTS
Hertz Parking Soaces.Qdf
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18563&councildate=11/12/2013 12/24/2013