HomeMy WebLinkAboutContract 30623 N k 1
LEASE AGREEMENT
STATE OF TEXAS §
COUNT' OF TARRANT §
This lease agreement (Lease) is made and entered into this, the 1st day of
October 2004 the effective date here of, 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 duly authorized representative, Assistant City
Manager, Marc A. Ott (Lessee.) The term "Lessor" 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 consideration of the rental payments to be
paid under this Lease, Lessor leases to Lessee and Lessee leases from Lessor:
Approximately 4581 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 "Exhibit 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 offices 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.
SEC'T'ION 3. Term and Rent. This lease shall be for a period of five years commencing
on October 1st, 2004, and terminating on September 30, 2009, unless a prior termination
is effected by either Lessor or Lessee under the termination provisions of this Lease.
During the initial five-year term, Lessee shall pay Lesser annual rent of $12.10 per
square foot per year, payable in equal installments of $4,619.17. The rental pa ent
shall be made to the Lessor on the first day of each month during the to f p
Monroe Stmt Luse Agreement Page I of 16
and the first day of the month during any extension of the Lease. Rent for any partial
calendar months shall be prorated on a perdiern basis.
Lessee shall have the right to renew this Lease for a maximum 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 per square foot per year Monthly rent installment
1st $14.50 $5,535.37
2nd $16.00 $6,108.00
SECTION 4. Taxes, Insurance, Utilities, Care of the of the Leased Premises and
Building Operatinil Expenses, 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 it 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 extent that such system or components are not
capital items.): materials and supplies (such as building standard light bulbs and
ballasts); equipment and tools: floor, wall and window coverings; personal property;
required or beneficial easements; and related service agreements and rental expenses, to
the extent they exceed the actual cost of those items for the calendar year 2004 Tenant's
annual increses shall not exceed five pereent(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 to excepted.
900 Monroe Street Ixase Agrecaw ge
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Section 5. Improvements, Repairs, Replacements,Additions and Removals.
Lessor, in accordance with Section 4 of the Lease, shall maintain in good repair
the roof, foundation, exterior 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 notice of defects or need for repairs in the
roof, foundation, exterior 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 10 days of receiving such notification (or if repair is not capable of
being completed within 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.
SECTION 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
shall be provided to Lessee prior to the execution of this contract. Lessee assumes no
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.
SECTION 7. Liability and Hold Harmless. LESSOR CONVENANTS AND
AGREES TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS 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
PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION
COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY
OTHER ACT OR OMISSION OF LESSOR,LESSEE, OR ANY THIRD PARTY.
LESSOR SHALL LIKEWISE RELEASE, INDEMNIFY, HOLD
HARMLESS 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 PREMISES, REGARDLESS OF
WHETHER THE ACT OR OMISSION COMPLAINED OR RESULTS FROM
THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF
LESSOR, LESSEE, OR ANY THIRD PARTY.
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9W Monroe Street Lease Agreemnt a#f
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TO THE EXTENT PERMITTED BY LAW, LESSEE SHALL
INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS LESSOR AND
IT'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS
(COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ALL
LIABILITIES, CLAIMS, DAMAGES, LOSSES, LIENS, COSTS, FINES,
PENALTIES, CAUSES OF ACTION, SUITS, JUDGEMENTS AND EXPENSE
(INCLUDING COURT COSTS, ATTORNEY'S FEES, AND COSTS OF
INVESTIGATION) OF ANY KIND FOR BODILY OR PERSONAL INJURY
(INCLUDING DEATH) OR PROPERTY DAMAGE OCCURRING ON, IN OR
ABOUT THE LEASED PREMISES (COLLECTIVELY, "LIABILITIES") OR IN
ANY MANNER ARISING OUT OF OR CONNECTED WITH LESSEE'S USE
AND OCCUPANCY OF THE LEASED PREMISES. NOTHING CONTAINED
HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE LESSEE TO
ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS
UNDER THIS LEASE.
SECTION 8: Defaults And Remedies
8.1 Lessee Defaults. The occurrence of any of the following shall constitute a default
under this Lease:
(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 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 cummulative
With the exercies of one or more rights or remedies not to impair pair Lessor's ri is to
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Monroe Street Lease Agrectoent Pa
exercise any other right or remedy, and all of which may be exercised with or without
legal process as then may be provided or permitted by the laws of the State of Texas),
Lessor shall have the following remedies:
(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 terminate the Lease, Lessor may recover
from Lessee: (i) the worth at the time of award of any unpaid rent and any other
indebtedness (ii) the amount of the amortized tenant improvement work which has not
been paid.
As used in (i) and (ii) 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 termination of this Lease for personal injury or
property damage under the indemnification clause or clauses contained in the Lease.
2. Notice of Termination. If Lessee fails to cure any default within 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 Lessee received 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 to upon each new owner for the duration of such owner's
ownership.
SECTION 9. Fixtures. Lessor herein agrees that no property or equipment, owned or
installed by Lessee, or any representative of Lessee, shall, under any circumstances,
become a fixture, and that Lessee shall reserve the right to remove any and all such
property or equipment at any time during the tern of this lease, or sub
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900 Monroe Street Lease Agrentent sins
termination 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 Inspection.
10.01 If Lessee elects to terminate 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 therefor and allowing
Lessor thirty 30) calendar days after the date of Lessor's receipt of the notice to cure
any or all defaults(s) or breach(s) specified in the notice. If the specified defaults or
breach(s) of Lessor are not cured to the satisfaction of Lessee's Administrator of Real
Property Services, the Lease will be terminated. Termination pursuant to Lessor's
default shall by without further penalty or expense to either party.
10.02 Funding, Non-Appropriation 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 with 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 expense 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.
SECTION 11. Surrender of Leased Premises. Upon the termination of this Lease 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 excepted. 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 all
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 indemnify and
hold harmless Lessee from and against any and all claims, losses, damages, suits, and
liability of every kind, including all expenses of litigation, arising out of or in connection
with the Leased Premises' compliance, or lack of compliance, with ADA, and (ii) shall
make all improvements necessary to correct and/or abate all environmental hazards of the
Leased Premises.
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900 Monroe Street Lease Agreement
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 all the responsibilities and liabilities of Lessee and shall be subject to all
provisions regarding termination and eviction.
SECTION 15. Subordination to Morteages; Estoppel Certificate. Tenant accepts
this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground leases(s)
or other lien(s) now affecting the Premises, the Building or the Property, and to renewals,
modifications, refinancings and extensions 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 SNDA (hereinafter
defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and other lien(s)
subsequently affecting the Premises, the Building or the Property, and to renewals,
modifications, refinancings and extension thereof(collectively, a"Mortgage"). The party
having the benefit of a Mortgage shall be refer-red 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 the right at any time to
subordinate its Mortgage to this Lease. If requested by a successor-in-interest 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
Mortgagee to obtain a Mortgage on the Property, Landlord will use commercially
reasonable efforts to cause such Mortgagee to execute a Subordination, Non-disturbance
and Attorment Agreement ("SNDA") in form and substance reasonable 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 extend the Tenn 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,
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900 Monroe a Lrase Agreement
ALE
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there are any existing breaches or defaults hereunder by either party hereto, and, if so,
stating the defaults with reasonable particularity; and (f) such other information
pertaining to this Leases 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 Lessor shall be sent to:
Monroe Street Professional Building, Ltd.
900 Monroe Street
Fort Worth, Texas 76102
All notices to Lessee shall be sent to:
Manager, Real Property Services
1000 Throckmorton
Fort Worth, Texas 76102
As well as to:
Administrator, Real Property Services
City of Fort Worth
900 Monroe Suite 302
Fort Worth, Texas 76102
Mailing of all notices under the Leases shall be deemed sufficient 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 a's 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 Uase Agremient Tug
SECTION 19. Venue. This lease and the relationship created hereby shall be governed
by the laws of the State of Texas. Venue for any action brought to interpret or enforce
the terms of the Lease or any breach shall be in Tarrant County, Texas.
SECTION 20. Rules & Reeulations. Lessee shall abide by the Building Rules and
Regulations attached hereto as Exhibit
ATTACHMENTS & EXHIBITS
Exhibit A
Exhibit B
SIGNED thislz'oday of , 2004.
LESSOR: Monroe Street Professional LESSEE City of Fort Worth
Buildin$, Ltd.,
I Al
By: id
,
Ron Crabtree Marc Ott
President Assistant City Manager
Cacharel Co., Inc.
It's General Partner
ATTEST:
Marty ndrix
City Secretary
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7 APPROVED S TO FORM AND
APPROVED
LEGALI
City ity Attorney, or is esignee
M & C Number: ( CC
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Contract Number:
STATE OF TEXAS §
COUNTY OF TARRANT
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900 Monroe Street Lease Agreenwnt age, f W&
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 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 UNDER MY HAND AND SEAL OF OFFICE this 36' day of
J11
2004.
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Notary Public in and for the State of Texas
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400 Monroe Street Lease Agreenvent g6ldof 1 6'
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Ron Crabtree, known to be 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 Cacharel Company, Inc. and that he/she executed the same as the act of
said Cacharel Company, Inc. for the purpose and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of
1
La 2004.
Notary Public in and for the St to of Texas
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Rules and Regulations Vf the Buildin
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Tenant will refer to
_ Land/ordaUcon�actors con�ac«r'
s representatives and
d installation uzhoi6ans�ndingany service for Tenant �r L�d/o�'s���kman�u
�+riu� a�m�/ �0op��mao�ofa��� c»n�ac�o|services. This shall apply to
a
—U w»rk performed in the Building, including, without umioo/on: (|) in�a/6uionuf�k�hon�,u�c0rophcquipmcn� 6cc�ko( dev/�s� ��m��� i�|���of�y�omvr���o��g �� �� woodwork. trim, windows. ceiling, equipment ur any oor physical po�ionoF the huUdi g, (Z) P«inbnQordrUUng(J)�xiog, cuoiognrszio8 ~I �e*o�of�ec�ming �r�nn� shaU not hchind�� by T�uoraft�J�« � �
`fix�rc« muYhedeo/eduaoybn� � oadd�� ~�~ " �x ,e�me�any 6mc*t� the ofGo�arr»acan� The � od
cabinets, bookcases, map � provide adequate waste receptacles,n^`^~�"� umprcvontuo/cus«nob/ekurdshiptoLand(oodiu dischu,Qingitsob|igotinnrcgazdingc/cuomgserviccy.
l Movement in or out of the Building m"f fixtures ofoOcr equipment, ordispatch
or r.~^cipt by Tenant or any merchandise ur materials which requires movement through the B«i/di»8 entrance or lobby, is restricted tn hours designated 6y Landlord and /oa manner on
be
approved 6yLandlord. The approval by Landlord anax /ndude its determination,decision and
control nf tiie time, method and routing of equipment and furniture, together with any
limitations imposed by safety or other concerns that may prohibit any articles, equipment or
any other item from being brought into the building. Any hand trucks'cam�a//s,«rsioi/ar upp(i onceuaedfordc/iveryorrcccipco[morhaod/~~orequipmcncyba// mocquiPp«dyidb ruomzoccs. a/de gumzds—undauchnthrraafem uargs. as Landlord shall require. Tenant
expressly assumes all risk nf damage tothe Property and tn any and all articles mo moved,os
wet( as injury munyPersonurpersonsordbnpub|iccm gagcoorootcnga8edindbcoovcment Land(»rdisn»r/iab/cfordhcacruruouofunyp"w^nv'pccsoossoengaQcdfbcangdaoage or|ossu»aoyppnpertyo[persunyresu|bn directly or indirectly from any act in co ion service performed by or for Tenant. ec
4L Tenant shall not place, iosra//, or operate un the Property any engine, stove y. orcnnuuctmechaoico/ op«rationsorcomkth�r'm'»r place«ruse in or about t
dbe Frcmisesanycxp|osivcs` gasoline, kerosene,oil, acids, caustics,or any other flammable,
explosives, h�dous or odorous material without the prior written consent of Landlord.
If consent is granted, Tenant will be required to furnish approved fire extinguishers and have
them inspected and approved by the proper local authorities nn aoannual basis. No portion of
the Prein ises shall at any time be used for cooking, sleeping or lodging quarters.
I Landlord will not hcresponsible for any lost ur stolen personal
Property,
t�moncy .ev#lry, from any ofthe Property areas regard/ � o�w ��mzbl
Occurs wbenthe area is locked again���nt��o� c � n � e *mm
6. Tenant mrthe employees. agents, aervancm` vfmitor�cr (iceose�uof Tenant ob
al
\nmczu uny xi mmorpiac� leave or discard any rubbish, pa'~^`u#idms' or objects o f any kind
whatsoever outside the doors of the Premises, or in the corridors»r passageways o[any
portion o[cbe property, No birds,animals. bicycles or vehicles shall bebrought into or kept bo or about the Building,
Cis�v 09rFOrt Worth Lease Page 13 ITT,
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7. Landlord may permit entrance to Tenant's offices by use of passkeys controlled by
Landlord's agents. employees, contractors, or service personnel supervised or employed by
any door in Landlord. No additional locks or similar devices shall be placed by Tenant on the
Building unless written consent of Landlord shall have first been obtained. Two(2) keys will
be Furnished by Landlord for the Premises any additional keys required must be obtained from
Landlord. A charge will be made for each additional key furnished. All keys shall be
surrendered to Landlord upon termination of tenancy.
8. None of the entries, passages, doors, hallways,or stairways shall be blocked or
obstructed by Tenant.
9. Landlord shall have the right to determine and prescribe the weight and property
position of any unusually heavy equipment, including without limitation,all safes, large files,
computers, etc. that are to be placed in the Building, and only those which in the sole opinion
of the Landlord will not damage the floors,structure,and/or elevators, may be moved into said
same in said Building shall be
aforementioned articles in said Building, or the existence of th
Building. Any damage, occasioned in connection with the moving or installation of e
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paid for by Tenant.
10. All Christmas and other temporary or special decorations must be flame retardant an
removed within seven (7)days. d t d
if. Tenant shall provide Landlord a list of employees authorized access into Tenant's
office should the employee become locked out of the space during normal business hours.
12. Building hours are 7:00 A.M. —6:00 P.M., Monday through Friday and 9:00 A.M.—
1:00 P.M., Saturday, except holidays. After hours air condition/heating(7:00 P.M.—6:00
A.M.. Monday through Friday, 3:00 P.M.— 12:00 Midnight, Saturday and 24 hours a day
Sunday and holidays), must be requested in writing by noon of a regular workday prior to the
day for which additional air condition ing/heating is requested. An hourly charge will made
for all after hours air condition ing/heating. ur be
11.
Any furniture or equipment removed from the Building after hours must be listed in
security officer's building register by notifying the building management. Description and
serial numbers must be include on the stationery(letterhead)of Tenant.
14. Names to be placed on or removed from directories should be furnished to the
Building Manager in writing on Tenant's letterhead.
15. Electric meters, where used, are read on or about the 20,h of each month. Such
readings may be checked by Tenant at any time and the current consumed I charged with and
in addition to the following month's rent,at rates prescribed by City Public Service.
16. Any additional services not required by Lease to be performed by Landlor d, which
Tenant requests Landlord to perform and which are Performed by Landlord shall be billed to
Tenant at Landlord's cost plus 20*/*.
17, All doors leading from public corridors to the Premises are to be kept closed.
i& Canvassing, soliciting or peddling on or about any portion Of the Property
Prohibited and Tenant shall cooperate to prevent same, is
'
19. Tenant shall give immediate notice to the Property Manager in case in
the Premises or any portion of the Prove of accidents
Property or of defects therein or int any fixtur-,--.or
equipment, or of any other fpe of emergency on or about the Property,
22
r7 1
I It;Y Of FOrt WOrth Lease Page 14 r 11 tw
20, Tenant shall not use the Premises or permit the Premises to be used for photographic
or multigraph reproductions except in connection with its own business and then only with the
Landlord's prior written consent,
21, Any requirements of Tenant will be attended to only upon app!;
the Property Manager. Employees of the Property shall not ' t1t, -cation at the office of
perform any work or do anything
Outside of their regular duties, unless under special instructions from the office of the Property
Manager. i
22. Tenant shall not make or permit any loud or improper noises in or about the Property
or otherwise interfere in any ay with other tenants or Persons having business with them.
21 For purposes of the Lease, holidays are be deemed to mean and including the
following:
New Year's Day Fourth of July
Labor Day Memorial Day
Thanksgiving and Christmas
The Friday following Thanksgiving Day
24. Tenant shall not install any floor covering in the Premises th or
approval of Landlord. The use of cement or other similar adhesive except with the pri
prohibited. material is expressly
25. The parking lot and driveway are to be used only for the
Landlord and shall not be Obstructed or misused in an way. purpose intended by
Parking or standing in any
authorized area is prohibited. y Park
26• Tenant shall not place anything or allow anything to be placed on or near the glass of
any window, door, partition or wall which may appear' unsightly from outside the Premises;
provided however, that Landlord may furnish an
on all exterior windows. d install a Building standard window covering
27. The toilet rooms, urinals, wash bowls and other apparatus shall not be usoffer any
Purposes other than that for which they were constructed and no foreign substance y kind
whatsoever shall be thrown therein and the expense of breakage,stoppage or damage resulting
from the violation of this rule shall be borne by the Tenant who, or whose
invitees shall have caused it. employees or
28. Landlord reserves the right to exclude or expel from the Property any person who, in
the judgment of Landlord is under the influence of liquor or drugs,or who shall in any manner
do any act in violation of any of these Rules and Regulations.
29. No vending machine or machines or any description shall be installed,maintained or
operated upon the Premises without the written consent of the Landlord.
30. Without the written consent of Landlord,Tenant shall not use
Building in connection with or in promoting or advertising the business the name of the
Tenant's address, of Tenant except at
31. Landlord shall have the right to control and Operating public portions Ofthe Property,
the public facilities and heating and air condition as well '
common use of the Tenants in such manner as facilities f4mished for the
generally. as it deems best for the benefit of the Tenant
32e Tenant shall fully cooperate and par-ricipate in all evacuation, fire
emergency Or Security procedtres established from Safety and related
[me to time by Landlord,
ry
CirY Of Fort Worth Leare pug, 15
Jk
33. Smoking of cigarettes, cigars, pipes, or any tobacco product inside any portion of the
building at any time is expressly prohibited. Smoking
9 Is Permitted in outdoor smoking areas
which the Lessor may designate at its sole discretion. Lessor may make special exceptions to
this Rule if Lessee installs ventilation equipment acceptable to Lessor.
34. Landlord reserves the right at any time to rescind any of these Rules and Regulations
of the Building, and to make such other and further rules and regulations as in its sole
judgment shall from time to time be needful for the safety,protection, care and cleanliness of
the Building, the Premises and the attached parking facilities, the operation thereof;the
preservation of good order therein and the protection and c fort of the other Tenant sin the
Building and their agents,employees,and invitees,which OM en
Rules and Regulations, when mad
and written notice thereof is given to Tenant, are be binding upon Tenant in like manner as if
originally herein prescribed.
r
CO o W Le=e Page 16
LILL
City of Fort Worth, Texas
Mayor and Council Communication
n
COUNCIL ACTION: Approved on 9/28/2004
DATE: Tuesday, September 28, 2004
LOG NAME: 30MONROELEASE REFERENCE NO.: **C-20300
SUBJECT:
Approval of a Lease with Monroe Street Professional Building, Limited for Office Space Located at
900 Monroe Street for the Engineering Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a lease with Monroe Street Professional Building, Limited for office space located at 900
Monroe Street for the Engineering Department; and
2. Authorize the City Manager to execute the appropriate lease.
DISCUSSION:
The City's new bond programs and strong development activities have placed unprecedented engineering-
related service delivery demands on the City's infrastructure departments. Through the approved FY04-05
budget, the Engineering Department will increase its staff in order to provide design, project management,
survey and other engineering-related services for its customer departments.
The Engineering Department developed a workload management and staffing plan earlier this year in
anticipation of the approval of the recent bond election to effectively meet new workload challenges.
Additional office space is necessary to accommodate the Department's additional authorized staffing.
The Department proposes to lease 4,581 square feet on the third floor of the Monroe Street Professional
Building. The Department is already occupying approximately 2,300 square feet in the building.
A lease rate of$12.10 per square foot was negotiated for this space, which is the rate paid by the Economic
Development and Water departments. At this rate, the lease cost will total $4,619.17 monthly and
$55,430.04 annually. In addition, the Engineering Department will be responsible for its share of the
operating expenses as described and limited under the terms of the lease agreement. Funding for lease
space was included in the recently approved FY04-0 departmental budget.
Staff recommends a five-year lease agreement with two five-year renewal options. The building is located
in Council District 9,
FtSC---.-- -FQR-N CATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the FY04-05 budget, as appropriated„ of the
Engineering Services Fund.
Lo na e: 310MONNI OELEA E Page 1 {
TO Fund/Account/Centers FROM Fund/Account/Centers
P119 537010 0346010 $55,430.04
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker(6157)
Logname: 30MONROEZ EASE Page 2 cf2