HomeMy WebLinkAboutContract 45203 CITY SECRETARY'
STATE OF TEXAS § CONTRACT W1
COUNTY of TARRANT
LEASE AGREEMENT
THIS EAS AGREEMENT ("Agreement") is made and entered 'Into on this
day of _.. 2013 to be effective on November l, 2011, by and between the CITY
OF FO T WORTH, a home-rule municipal corporation, of the State o f Texas ("City"), acting
by and through its duly authorized Assistant City Manager, and the FORT WORTH.
HISPANIC" CHAMB ER OF COMMERCE, INC., a Texas non-profit corporation ' Lessee" ,
acting by and through its duly authorized President.
WHEREAS, City owns and operates a facility at 1.100 Nom" 18" Street, Fort Worth,
Texas 761 , such facility eor -non.ly known as the Norths de Community Center "Center" -
and
WHEREAS, since 2005, the City and Lessee have been party to a series of agreements
whereby a portion of the Center has been leased to Lessee to allow for provision of services to
area residents by certain permitted subtenants, with the most-recut agreement being Port Worth
City Secretary Contract No. 38,424 "CSC 38424"), and
WHEREAS, CSC, 38,424 expired on October 31, 2011, and the parties desired to
continue their relationship-,
ship-,
WHEREAS, ors November 1, 2011, the Fort Worth City Council authorized the
execution of a new lease agreement with the Lessee for a term of two yearn with two, one-;year
renewal opptions
WHEREAS, the .Lessor has permitted the Lessee to use and occupy the Leased Premises
since No ember 1, 2011, for the purposes set firth herein with the expectation that the parties
would eater into a binding written agreement covering the terms and conditions of Lessee's use
of the :Leased. Premises,
WHEREAS, the primary term of the Agreement expired on October 31, 2013, and the
parties wish to exercise the first renewal period to be effective from November 1, 2013 to
October 31, 201.
WH EREAS, this Agreement serves to memorialize the parties understanding of the
:Lessee's use o f the Leased Premises during the primary terra from November ember 1., 2011. through
October 3 1 2013, the f"irst renewal period, and any future renewal,al period;
NOW, THEREFORE, for and in consideration of the mutual agreements stated herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
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R E C E V IAL RF
Luse Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. r,,Ty Y
FT.WORTH,1rX
SECTION L
LEASED PRE,MISES
1.01 For and in consideration of the rental payments to be paid under thi's Agreement and the
mutual covenants of the parties, expressed herein, City does hereby grant to the Lessee the use Of
certain designated space at the Center for the purpose of providing, through approved sublessees
of the Lessee, citizens abroad with consulate services in protective matters,, including arrests,
deaths, financial or medical emergencies, welfare and whereabout inquiries, travel waming,S,
public announcements,, consular information sheets,, guidance on nationality and citizenship
determination'. document issuance (visas), Judicial and notary services, estate and property
claims third-country representation, d d* ass' . The des' 0
an disaster istance " designated space is referred to
in this Agreement as the "Leased Premises"' and is described as follows-,
2,600 square feet of net usable space, plus a general waiting area of
approximately 100 square feet and an additional secondary waiting area of
290 square feet of shared space, plus non-exclusive off-street parking
consisting of ninety-eight (98,), vehicle spaces, including five (5) parking
spaces, that meet applicable handicap accessibility requirements.
1.02 Lessee understands and ack-nowl edges 'that the waiting areas and parking spaces are for
general use by all Center v1sitors and patrons (Including, but not limited to, City employees, and
the staff, volunteers, and program participants affiliated with Senior Citizen Services of Greater
Tarrant County, Inc.). Lessee ffirther acknowledges that the waiting areas and parking spaces, are
available for use on, a first-come, first-served basis and are not reserved for the exclusive use of
the Lessee and its sublessees.
SECTION 2.
USE OF LEASED PREMISES
2,01 Lessee shall use the Leased Premises, solely for the purpose of subleasing the Leased
Premises to the following entities for those purposes specifically listed:
A. Counsel de Mexico in order to provide matriculas, ID, passports, and legal advice in
criminal, la or, civil, and migratory issues,;
B. Casa de Immigrante in order to provide immigration and educational seminars, to
furnish information and referrals for legal, health, employment, family and victim
services, and to, sponsor sports leagues and cultural events; and
C. Ban*ercito, (Bank in Mexico) in order to provide pen-nits to allow personal vehicles,
to be transported to and from Mexico.
1"he listed entities are referred to in this Agreement as the "Permitted Subtenants.""
2,02 The City grants, to Lessee and the Permitted Subteriants the use of the Leased Premises
between 11:00 a.m. and 5,-00 p.m. Tuesdays through Saturdays. The Center will be closed and
unavailable for use by the Lessee or Permitted Sul tenants on Sundays, regular City holidays, and
Lease Agreement with the Fort Worth Hispanic Charnber of Commerce, Inc. 2 of 22
any other days on which the City or the Center is not generally open for business, including, but
not limited to�, closures, related to extreme weather conditions. No use of the Center or the
Leased Premises shall be permitted outside the designated operating hours except in accordance
with Section 2.04.
2.0!3 Throughout the ten-n of thi.s Agreement and any renewals thereof, Lessee shall provide
the City with a schedule of the nornial operating hours at the Center for the Lessee and each
Perinitted Subtenant. An updated schedule shall be provided to the City at least once per quarter'.
on or before the fifth day of January, April, July, and October of each year. Any permanent,
change to the normal operating hours of the Lessee or any Permitted Subtenant must be approved
by the City following at least five (5) business days advance written notice. City agrees to
provide similar notice to Lessee should the Leased Premises not be available to the Lessee or the
Perm,itted Subtenants due to special events, scheduled maintenance or other non-emergency
closures.
2.04 If Lessee or Permitted Subtenants, require, access at times other than the normal
operating hours set forth herein, Lessee must provide the City with written notice at least five (5)
working days prior to the needed change. The determination of whether to grant access to the
Leased Premises outside the Center's normal operating hours shall be within the sole discretio�n
of the City, and the City may charge the Lessee an hourly rate equal to the combined actual
salary for the staff required to open, monitor,, and close the Center plus forty percent (40%) of
the total salary cost incurred to be used to cover overhead expenses.
2.05 If Lessee or a Per pitted Subtenant requires additional space for temporary use, a
request must be submitted to and approved by the Center Coordinator at least forty-eight (48)
hours in advance., Such temporary use shall be sub*ect to the their.-current facility rental rates for
I
the Center.
2,05 If the Lessee requests additional space on an on-going basis during the term of this
Agreement, City may, at its sole discretion and if space i's available, fumish such space adjacent
to the Leased Premises at a rental rate that is not more than the monthly cost-per-square-foot as
indicated in Section below. "I"he term of use for any additional leased space shall be
3,
concurrent with the balance of the period outlined by this Agreement. The City agrees to fumish
all services provided in this Agreement to the additional space. The lease of additional space
shall not be valid unless executed in writing and signed by all parties, including all Permitted
Subtenants, that will be using the additional space.
2.06 Lessee or Permitted Subtenants shall not sell any food, beverages, merchandise, or other
products or items on the Leased Premises or at the Center.
SECTION 3.
SUBLEASES
3,0 1 Lessee must provide City with a copy- y of the executed sublease to any such Permitted
.
Subtenant, and this sublease must comply with the ternis. and conditions of this lease. It is
s, *
peel f ically understood and agreed that Lecsse,e intends to and has the right and power to Sublease
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 3 of 22
the Leased Premises to the Permitted Subtenants listed in Section 2.01. Any assignmerit of this
Lease of subletting of the Leased Premises to any party other than a Permitted Subtenant is
prohibited without City's prior written consent.
3.02 The Lessee shall be responsible for executing all sublessees in compliance with this
Lease Agreement prior to occupancy by the Permitted Subtenant and shall provide the City with
a copy of each sublease with,in ten days of execution by both parties. In the event of anly
amendment or changes to a sublease, the Lessee is responsible for reporting said changes to the
City within 24 hours.
3.03 All subleases must comply with the terms and conditions of this Lease and, contain the
same provisions, as the lease agreement and will further 'insure that each sublease agreement
contain a clause indem-nil'ing the City, that is the same as the one in Section 12 of this
."Y It
agreement and each sublease shall also include the same insurance requirements as those
required in Section 13 of this agreement. All sublease agreements will provide that in the event,
and for whatever reason or cause, the City terminates this Lease with the Lessee, all subleases
will auto m atic ally and inunediately terminate.
3.04 All subleases must clearly outline the relationship and expectations between Lessee and
any Permitted Subtenants, including,, but not limited to, the unique services to! be provided at the
Licensed Premises. Any changes in the occupancy of the Leased Premises by the Permitted
Subtenants must be communicated to the City in writing at least 30 days in advance of said
change, including, but not limited to, the addition or removal of the Peniiitted Subtenants or new
subtenants.
3.05 All subleases must require the Permitted Subtenants, to provide a quarterly community
outreach program or a minimum of 10 volunteer hours per quarter. Furthermore, all subleases
must require the Permitted Subtenants to provide a monthly report detailing any changes in the
Permitted Subtenant's program hours, and number of people served.
SECTION 4.
MONTHLY RE,NTAL
4.01 Lessee agrees to pay City for the lease of the Leased Premises,, as described above, at
the rate of Two Thousand Forty-Five Dollars and 'eventy-Four Cents ($2,045.74) per year, paid
in equal monthly 'Installments of One Hundred Seventy Dollars and Forty-Eight Cents ($170.48)
during the term of this Lease. City agrees to submit monthly statements for rent to the Lessee,
but failure of the City to submit said monthly statement to Lessee shall not relieve the Lessee
from its obligation, to Pay the monthly rental as required under this Agreement.
4.02 The monthly rentals provided for herein shall be due and payable by Lessee to the City
on the first day of the month for which said rentals are due. The Lessee shall make all monthly
rental payments on or before the 10 th day of each month of this Agreement. All monthly
payments and any other sums due and payable shall be paid to the order of the City of Fort
Worth and sent to the following address: Parks and Community Services Department,, 4200
South Freeway, Suite 220,01, Fort Worth, Texas 76115-1499.
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 4 of 22
MIFF,
4,03 Failure of a Permitted Subtena,nt to pay the Lessee monthly or yearly rent as required
under -the sublease shall not relieve the Lessee of its obligation to pay rent as required, under this
Lease Agreement.
SECTION 5.
TERM OF LEASE
5.0 1, The primary term of-this Lease shall be for a period of two years con-imencing on the Is'
day of November 2011, and ending on the 31" of October 2013.
5.02 The primary terra may, be renewed by mutual agreement between the Lessee and the
City for two (2,) successive, 12-month terms under the same terms and conditions of this
Agreement. Lessee must advise the City 'in writing of its intent to renew the Lease no later than
sixty (60) days prior to the terinination date of the initial one-year period, and prior to the
termination dates of each of the two successive, 12 month renewal periods.
5.02 The parties agree to exercise the first renewal option and extend the term of the
Agreement for one additional year, effective beginning on November 1, 2013 and ending on
October 31"� 2014.
5.03 Either, party may terminate this Agreement, with or without cause, by giving the other
party written notice, as provided for in this Agreement, of termination thirty days (30) days prior
to the intended termination date.
SECTION 6,
RIGHT OF ACCESS
6.01 During the to of this Lease, City or its agent shall have the right to enter upon the
Leased Premises during reasonable hours, for the purpose of examining and inspecting the same
and determining, whether Lessee or its Permitted subtenants have complied with all the terms, and
conditions, of this and the subtenant Agreements. Except in the event of an emergency, City shall
conduct inspections during ordinary business hours and shall, use its best efforts to provide
Lessee at least two (2) hours notice prior to inspection. Lessee shall be responsible for notifying
the Permitted Subtenants.
6.02 During any inspe)iction, City, may any obligations that City is authorized or
required to perform under the terms of this Lease or pursuant to its governmental duties under
federal state or local laws, rules or regulations.
6.03 Lessee will pen-nit and require that the Permitted Subtenants permit the City's Fire
Marshal or his or her authorized agents to inspect the Leased Premises and Lessee and the
Permitted Subtenants will comply with all requirements of the Fire Marshall or his or her
authorized agents that are necessary to bring the Leased Premises into compliance with the City
of Forth Worth Fire Code and Building Code provisions regarding fire safety, as such provisions
exist or may hereafter be amended. Lessee and Permitted Subtenants shall maintain in proper
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 5 of 22
condition accessible "fire extinguishers of a number and type approved by the Fire Marshal or his
or her authorized acrents for the particular hazard involved.
SECTION 7.
TITLE AND CONSTRUCTION
7.01 The Leased Premises are subject to any statement of facts that an accurate survey or
physical inspection may show, all zoning, restrictions, regulations, rulings and ordinances,,
building restrictions, and other laws and restrictions now in effect or hereafter adopted by any
governmental authority having jurisdiction and are leased 'in their Present condition without
representation or warranty by City.
7.02 Lessee agrees, that Lessee has examined the Leased Premises prier to the execution of
this Agreement and is satisfied with -the physical condition of the Leased Premises,. Lessee's
taking possession of the Leased Premises shall be conclusive evidence of its receipt of the
premises in a safe, sanitary, and good condition and repair, except for those conditions, that the
Lessee provides City written notice of prior to the execution of this Agreement. City MAKES
NO WARRANTY OR RESPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARANTY OF
CONDITION, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY.
SECTION 8.
USE OF LEASED PREMISES, COMPLIANCE WITH LAW, EASEMENTS
8.01 Lessee and its Permitted Subtenants are granted and shall have the right to use and
occupy the Leased Premises solely for the purposes, stated in this Agreement, provided that such
purpose complies with existing zoning of the Leased Premises and the purpose stated Linder this
Agreement.
8.02 Lessee and the Permitted Subtenants shall not engage in any unlawful use of the Leased
Premises. Lessee ftirther agree that it shall not permit its officers, agents,, servants, employees,
contractors, subcontractors, subtenants, patrons, licensees or invitees to engage in any unlawful
use of the Leased Premises and Lessee immediately shall. remove from the Premises any person
engaging in such unlawful activities. Unlawful use of the Leased Premises by Lessee or the
Permitted Subtenants shall constitute an immediate breach of this Lease.
8 3 Lessee and Pen-nitted Subtenants wi If not do or suffer any waste to the Leased Premises.
Lessee shall,, at its cost and expenses, comply with and cause the Leased Premises to comply
with: (1) all valid federal, state, local, and other governmental laws, ordinances, rules, orders,, and
regulations affecting the Leased Premises or a part thereof or the used thereof, and (1i) all rules,
orders, and regulations of the National Board of Underwriters or other body exercising similar
functions in connection with the prevention of fire or 'the correction of hazardous conditions
which apply, to Leased Premises. Lessee and Permitted Slubtenants shall comply with the
requirements of all policies of insurance which at, any time may be in force with respect to the
Leased Premises and to the extent that Lessee has written notice thereof, with the Provisions of
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 6 of 22
thereof ny contracts, agreements, and restriction affecting the th
Leased Premises or a, part or the
ownership, occupancy, or use thereof which shall have existed at the time of commencement of
the Primary Term or shall have been approved in writing by Lessee.
8.04 Lessee and its Permitted Subtenants will comply with all federal, state, and local laws,
statutes, ordinances, charter provisions, rules, and regulations., including, but not limited to, rules,
regulations, and requirements of the City's p!olice, fire, code compliance, health, or other
departments. In particular, and without l imiting the general nature of the foregoing
requirement, Lessee and its Permitted Subtenants shall be required to abide by maximum
occupancy limits specified by, the Fort Worth Fire Marshal.
8,05 Lessee will ensure that the City and appropriated law enforcement officials are provided
with at least two (2) weeks' advance written notification of any planned visit to the Center by
any foreign official or dignitary.
SECTION 9,
TAXES AND: OTHER CHARGES* LIENS,
9.01 City agrees to pay all the usual and custon-iary 'taxes levied and assessed against the
Leased Premises and improvements during the to of the Lease.
9.02 Lessee shall remove and discharge promptly, at its cost and expense, all liens,
encumbrances, and charges upon the Leased Premises or Lessee's leasehold 'interest which arise
out of Lessee's or its Permitted Subtenant's use, occupancy, maintenance, or repair of the Leased
Premises or by reason of labor or materials, furnished or claimed to have been furnished to
Lessee or any of its Permitted Subtenants, but excluding liens, encumbrances, and charges
caused or permitted to be caused by City, which shall be the sole responsibility of the City.
9.03 Lessee"s failure to discharge any such purported lien shall constitute a 'breach of this
Lease and City may terminate this Lease upon thirty (30) days written notice. However,
Lessee's financial obligation to: City, to liquidate and discharge such lien shall continue in effect
following termination of'this Lease and until such a time as the lien is discharged.
SECTION 10,
MAINTENANCE
10.01 Lessee and the Permitted Subtenants shall keep and maintain the Leased Premises in a
good, clean, and sanitary condition at all times. Lessee covenants, and agrees that Lessee and the
Permitted Subtenants, will not make or suffer any waste of the Leased Premises. Lessee shall be
responsible for all damages caused by Lessee, its agents,, servants, employees, contractors,
subcontractors, subtenants, licensees, or invitees,nvitees, and Lessee agrees to fully repair or otherwise
cure all such damages at Lessee's sole cost and expense., The City shall determine whether any
damage has been done, the amount of the damage, and the reasonable cost of repairing the
damage. Any damage by the Lessee, Permitted subtenants or others incident to the exercise of
privileges herein granted shall be repaired or replaced by the Lessee to the reasonable
satisfaction of the City within thirty (30) days or receipt of written notification from the City.
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 7 of 22
............
10.02 City shall pay all utilities, except for telephone and internet connections and any costs,
related to the use of the telephone or internet.
10,03 Lessee shall bear the cost of having the floors in the Leased Premises, stripped and
waxed two (2) times per year and City hall bear the cost of having the exterior of windows
washed twice each year.
10.04 Lessee shall pay all Janitorial costs related to the Leased Premises. ..Lessee shall
maintain the Premises in accordance with the Parks and Community Services Department"s,
"Facilities Cleanliness Standards" attached and incorporated herein, as Exhibit A. The Lessee or
Permitted Subtenants will 'be responsible for supplying any and all paper goods and supplies to
maintain daily cleanliness.
1.0.05 During the term of this Agreement, Lessee shall notify the City in writing in reference
thereto by certified mail of any conditions on the Leased Premises that in its opinion are not in
reasonable wear and tear excepted, and subject to
reasonable good repair and condition,, j
budgetary limitations, City shall make all reasonable necessary repairs, to Leased premises.
SECTION 11.
IMPROVEMENTS, REPLACEMENTS, ADDITIONS, AND REMOVAL; LANDLORD'S
LIEN
11,01 Lessee and its Permitted Subtenants may bring on to the Leased prernises any
equipiment and improvements reasonably necessary to perform their respective business.
11,02 Lessee and the Permitted Subtenants will not do or permit to be done any injury or
dama(Ye to any buildings or part thereof, or permit to be done anything which will damage or
change the finish or appearance of the Leased Premises or the furnishings thereof or any, other
property belonging to the City by the erection or removal of equipment or any other
improvements, alterations or additions. No decorative* or ether materials shall be nailed, tacked
screwed or otherwise physically attached to any part of the Leased Premises or fixtures of the
City without the consent of the City.
11.03 Lessee agrees that, except as otherwise expressly provided herem,, all improvements,
trade fixtures, furnishings, equipment and other personal property, of every kind or description
which may at any time be on the Leased Premises shall be 'used at Lessee's and the Permitted
Subtenants sole risk or at the sole risk of-those claiming, under Lessee.
11.04 Any signs necessary to 'Indicate Lessee's or Permitted Subtenant"s name,, location,
and purpose shall be prepared and installed at the sole cost of by the Lessee or the Permitted
subtenant in accordance with applicable rules and regulations of the City and in keeping with
building decor,. All signs shall provide a disclaimer that the City is not providing the services
offered by the Lessee or Permitted Subtenant.
Lease Agreenient with the Fort Worth'ifis pan ic Chamber of Commerce, Inc. 8 of 22
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THA T THE INDEMNIT Y PR 0 VIDED FOR IN THISPA RA GRA PH S11A LL NO T A PPL Y
TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR
ITS OFFICERS,AGENTS, EMPL 0 YEES OR SEPAL TE CONTRA CTORS, ,AND IN THE
EVENT OF JOINT AND CONCURR ENT NEGLIGENCE OF BOTH LESSEE AND CITY,
RESPONSIBILITY, IF AN, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE fVI TH THE LA WS OF THE S TA TE OF TEXA S.
SECTION 1.3,
INSURANCE
13.011 Lessee, on behalf of itself and the Permitted Subtenants,, further covenants, and agrees to
obtain and keep in force during the term of this lease a policy covering the Lessee and the
Permitted Subtenants providing for bodily injury and property damage insurance in amounts as
follows.-
a. Conunercial General Liability
$1,0100,000, each occurrence
$2,0010,000 aggregate
b. Automobile Liability
$1.,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000, Bodily Injury per person per occurrence
C. A cominerciai business policy shall provide coverage on "Any Auto", defined as
0
autos, owned, hired and non-owned when said vehicle is used in
the course of'the event Leased, herein.
d. Worker's Compensation:
Coverage A.- Statutory limits
Coverage 13: Employer's Liability
$100,000 each accident
$500,000 disease -policy limit
$1 00,000 disease -each employee
13.02 Certificates of 'insurance evidencing all required insurance shall be delivered to City
prior,to occupancy.
a. A licable -olities shall be endorsed to name City an Additional 'Insured
as it interest may, appear. The term City shall include 'Its employees, officer,
officials, agents, and volunteers as respects the contracted service.
b., Certificate(s) of insurance shall document that insurance coverage specified in
this agreement are provided under,applicabile, policies documented thereon.
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce,Inc. 1 0 of 22
c. Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
d. A mmi,mum of thirty (30) days notice of cancellation or material change in
coverage effecting the required lines, and limits of insurance shall, be provided to
the City. A ten (10) days notice shall be acceptable in the event of non-payment of
premium. Notice shall be sent to the Director,,, P,ACSD, City of Fort Worth,, 4200
South Freeway, Suite 22001 Fort Worth, Texas: 76115-1499.
e. Insurers, for all policies, must be authorized to do business in the State of Texas
and have a minimum rating of A,- VII in the current A>M> Best Key Rating
Guide or have reasonable equivalent financial strength and solvency to the
satisfaction of Risk Management.
f. Deductible limits, or self insured retentions, affecting insurance required herein
shall be acceptable to City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or rise,
retention groups must also be approved. Dedicated financial resources or letters of.
credit may also be acceptable to City.
g. applicable policies shall each be endorsed with, a waiver Of SUbrogatlon in favor of
City.
h. City shall be entitled, upon its request and without incurring expense, to review
the Lessee's insurance policies including endorsements thereto and, at the City's
discretion, Lessee may be required to provide proof of insurance premium
paymentsi.
i. The Commercial General Liability insurance policy shall have no exclusions by
endorsements that have effect on the lines and limits of 'insurance required in this
agreement, unless the City approves such exclusions.
13.03 The policy must not be subject to cancellation for any reason except upon thirty (30)
11
days prior written notice by the insurer, to the City of Fort Worth. Lessee shall furnish
certificates of * evidencing these coverages and the waiver naming the erti insurance evi iver and nam* '" Cit y ofFort
Worth as an additional insured party prior to the 'Inception of the Term and shall deliver renewal
certificates to the City 'if the coverages expire during the Term.
SECTION 14.
CONDEMNATION
14.01 If the title to all or substantially all of the Leased Premises is taken by
condemnation proceedings or any right of eminent domain, this Lease and all subleases will
terminate on the date of such taking, and City, shall be entitled to receive the proceeds resulting
from such taking. Lessee and Permitted Subtenants walve any right to any compensation
a 'butab,le to its leasehold interest in the Leased prem",
ttri 1 1:Ses.
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. I I of 22
�r-,%-,TION 15.
EVENTS OF DEFAULT BY LESSEE-, REMEDIES OF ("'ITY, AND TERMINATION
15.01 In the event one or more of the following shall happen and continue (herein called
an "event qfdqfault �.
a. Lessee defaults, in the payment of any of the rents, provided to be paid
hereunder and SUch default shall continue for thirty (30) days following
4
written notification from CI*ty,,
b. Lessee or a Permitted Subtenant defaults, in the observance or performance
of any other provision of this Agreement which is not remedied within
thirty (30:): days after written notice of such default by City to Lessee
properly specifying wherein Lessee or the Permitted Subtenant has failed
to erform any such provision; it being understood that "if by reason of
p
,force majeure Lessee or its obligations, referred to under this clause (b)',
Lessee shall not be in default durincy the continuance of the inability
claimed.
The term 'fiord mqjeure Py shall mean Acts of God, strikes, lockouts or
other industrial disturbances, acts, of public enemies, orders of any kind of
'the Government of the United States, or the State of Texas, or any civil or
military authority, insurrection, riots,, epidemics, landslides, lightning,
earthquake, fire, hurricanes, tornadoes, storms,, floods, washouts, droughts,
arrests, restraint of government and peo le, civil disturbances, explosions,
breakage or accident to machinery, transmission pipes or canals, partial or
entire, failure of utilities or any other cause not reasonably within the
control ofLessee.
C. A trustee or receiver is appointed for Lessee or any Permitted Sublessee
for all or any substantial part of'It"s property without the consent of Lessee
and is not discharged within ninety (90) days after such, appointment,
excluding any period in which such appointment shall be stayed upon
appeal or otherwise.,
d. Any other breach of a term or obligation of this agreement" or
I
f. Lessee or any Permitted subtenant uses the Leased premises in an
unlawful manner.
15,02 In the event of default as provided for in this Agreement in Section 15.01 (a)
through (e), City may terminate this Lease by giving the Lessee thirty (30) days notice of City's
intention so to do in which event the Term of this lease shall end, and all rights, title, and
interest of Lessee and any Permitted Subtenant hereunder shall expire on the date stated in such
Lease Agreement with the Fort Worth 1-fispanic Chamber of 'cart tnc. 12 of 22
" Z%1 "ity shall have the right to enter upon and take possession of said premises, and shall
notice. C I
have the remedies now or hereafter provided by law for recovering of rent, repossession of the
premises and damages occasioned by each delflault. Any rights of the Lessee or a Permitted
Subtenant to the possessions of the Leased premises shall cease on the date stated in such notice.
city, in its discretion may terminate the Lease immediately if Lessee or any Permitted Sublessee
uses the Leased Premises in an unlawful manner.
15.03 In the event of default as provided for in this Agreement in Section 15.01 (f), City
may terminate this, Agreement *immediately and re move the Lessee and the lei-nitted Sul ter
from the Leased Premises.
15.04 In the event of the termination of this Lease by City, Lessee and any Permitted
Subtenants may remove any improvements, fixtures, or other items attached to, any structure on
the Leased Premises belonging to the Lessee or Permitted Subtenant and placed on the Leased
Premises by the Lessee or Permitted S bteriant, provided that Lessee shall reimburse the City for
any damage to the Leased Premises caused by the removal of any improvements or fixtures by
either the Lessee or the Permitted Subtenant.
If Lessee or Permitted Subtenant removes any fixtures or improvements belonging to City during
the to of this Agreement, at the termination of this Lease, Lessee agrees to replace or reinstall
any fixtures or improvements to its original place and in its original condition, as found at the
beginning of this Agreement.
15.015 Within, twenty (20) days following the effective date of termination or expiration,
Lessee and the Permitted subtenants shall remove from the Leased Premises all trade fixtures,
tools,, machinery,, equipment, materials, and Supplies placed on the Leased Premises by Lessee or
Pe -fitted Subtenant pursuant to this Lease. After such time, City shall have the right to take full
possession of the Leased Premises, by force if necessary, and to remove any and all parties and
property remaining on any part of the Leased Premises. Lessee agrees that it will assert no claim
of any kind against City, its agents, servants, employees or representatives, which may stem from
City's, termination of this Lease or any act incident to City's assertion of its right to terminate or
4
City's exercise of any rights ghts granted hereunder and any sublease shall require the Permitted
Subtenant to waive such claim as against the City.
15-06 No default by City hereunder will constitute an eviction or disturbance of
Less,ee's, or Permitted S,ubitenant'S use and possession of'the Leased Premises or entitle Lessee or
Pen,nitted Subtenant to bee relieved from. any cif Lessee' or Permitted Subtenant obligations
hereunder (,including; the obligation to pay rent) or grant Lessee or Permitted Subtenant any right
of deduction, abatement, set-off recoupment, or entitle Lessee or Permitted Subtenant,to take any
action whatsoever with regards to the Leased Premises or City until thirty (30) days, after Lessee
has given City written notice specifically setting .11"Orth such default by City, and City has failed to
cure such default within said thirty (30) day period, or if such default cannot reasonably be Cured
within said thirty (3 0) day period, then within any additional reasonable period of time so, long as
City has commenced curative action within said thirty (30) day period and thereafter is
diligently attempting to cure such default.
Lease Agreement with the Fort Wolrth Hispanic Charnber o Commerce, [tic. 1,3 of 22
15.07 No waiver by the parties to this Lease of any default or breach of any term,
condition or covenant of this Lease will. be deemed to be a waiver of any other breach of the
same or other term, condition, or covenant contained in this Lease. No provision ofthis Lease
may under any circumstances be deemed to have been waived by either party to this Lease unless
such waiver 'is 'in writing and signed by the party charged with such waiver. Lessee will not be
deemed to be a waiver of such breach,, and no provision of this Lease will be deemed to have
been waived by City unless such waiver is in a writ-ten instrument s,igned by City.
SECTION 16,
REMEDIES; NO WAIVER
16.01 Each right, power, and remedy of City provided for in this Lease shall be
cumulative and concurrent and shall be in addition to every other right, power or remedy
provided for in -this Lease or, unless prohibited by the terms hereof,, now or hereafter existing at
law or 'in equity or by statue or otherwise shall not preclude the simultaneous or later exercise by
City of any or all such other rights,, powers or remedies.
16.02 The failure to insist upon a strict, performance of any of the covenant or
agreements herein set forth or to declare a forfeiture for any violation thereof shall not be
considered or relinquishment for the future of City's rights to insist upon a strict co mptiance by
Lessee with al the covenants and conditions hereof, or of City"s, right to declare a forfeiture for
violation, of any covenants or conditions if such violation be continued or repeated beyond the
curative periods of time permitted in above.
SECTION 17.
INDEPENDENT CONTRACTOR
17.01 it is expressly understood and agreed that Lessee and Permitted Subtenant shall
operate as an independent contractor as to all rights and privileges granted herein, and not as an
4'
agent, representative, or, employee of City. Lessee and permitted, Subtenant shall have the
exclusive right on and activities on the Leased Premises and
I ght to control the details, of its operati
shall be solely responsible for the acts and ornissions of its offcers, agents, servants, employees,
contractors, subcontractors,, patrons, licensees and invitees. Lessee acknowledges that the
doctrine of responclei s-verior shall not apply as between City and Lessee or Permitted
Subtenant, its respective officers, agents, employees,, contractors and subcontractors. Lessee
further agrees that nothing herein shall be construed as, the creation of a partnership or joint
enterprise between City and Lessee or Permitted Subtenant.
SECTION 18.
NON-DISCRIMI,NATIONIDISABILITI'ES
1,8,01 Lessee, for itself, its personal representatives, successors in interest and assigns,
and Permitted Subtenants, as part of the consideration herein, agrees as a covenant running with
the land that no person shall be excluded from participation 'In or denied the benefits of Lessee's,
or Permitted Subtenant's use of the leased Premises on the basis of race, color, national origin,,
religion, handicap, gender, sexual orientation or familial status. Lessee further agrees for itself,
Lease Agreement with the Fort Worth Hispanic Chaniber of Commerce, Inc. 1 4 of 22
0 0
its personal representatives, successors, in interest and assigns and Permitted Subteriants. That no
improvements or alterations to the Leased premi,ses on grounds of race, color, national origiris,
religion, handicap, gender, sexual orientation or familial status.
1 ,02 In signing this Agreement, Lessee certifies that at the time the Leased premises is
occupied by Lessee or Permitted Sub'tenants and throughout the to of the Lease, and any
a "
additional tenancy, Lessee and Permitted Subtenants will comply with all applicable provis ions
I
of the Americans with Disabilities Act of 1990, Public Law 191-3,36, 42 United States Code
12 101 et seq and all applicable Texas, Accessibility Requirements.
SECTION 19.
LICENSES AND PERMITS
19,01 Lessee or Permitted Subtenants shall, at their sole expense, obtain and keep in
effect all licenses and pen-nits necessary for their operations.
SECTION 20.
NOTICES
20.01 All notices required or permitted under this Agreement may be given to a party
personally or by mail, addressed to such party at the address stated below or to such other
address as one party may fro m. time to time noti'fy the other in writing. Any notice so given shall
be deemed to; have been received when deposited in the United States mail, so addressed with
postage prepaid:
LESSEE-- President
Fort Worth Hispanic Chamber
1327' North Main Street
Fort Worth, T'X 761016
CITY.-- Director
P'arks and Community, Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth rexas 76115
With a copy to
City Attorney
Assistant City Attorney
City Attorney's Office
1000 Th-rocluiiorton
Fort, Worth,, Texas 76102,
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.
Lease Agreement with the Fort 'Worth 1--lispanic Chamber of Commerce, [tic. 15 of 22
SECTION 21.
WAIVER, SECTION HEADINGS, AND SEVERABILITY
21,01 Neither this Lease nor any provision hereof may be changed, waived, discharged,
4,
or terminated orally, except by an instrument in writing, signed, by the parties. This lease shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
21,02 The headings i
APPROVED AS O FORM
AND LEGALITY,
el
w
lt
s i s ,:W,C y Attorney
Contract Authorization
M& « L-15278
Date: November 1. 201 1
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 17 of 22
I Exhibit A
Facilities, Cleariliness, Standards
FACILITIES CLEANLINESS STANDARDS
Overview
One of the City's Management Pr'lorities, and a Strategic Goal of the City Council of Fort Worth
emphasize ensuring, quality customer service and providing a cleaner more attractive City.
Successful efforts will result in a sanitary, safe and pleasant environment for our citizens, visitors
and employees who come to or work 'in City facilities. In order to establish general, guidelines
that will provide direction for our employees and contractors,, cleaning standards have been
developed to address these concerns. The standards are directed primarily at City buildings,
(example.- community centers,, public events, city hall, etc.) that are frequented by the general
public. These standards are primarily a base and may be enhanced by the Department Head or
his/her designee. Standards may also be governed by licensing or professional organization
policies. All custodial personnel should be required to participate in effective custodial and
product training on a quarterly basis. It is also important to note, that the volume of usage will
dictate-the frequency of each act]vity.,
"INSPECT WHAT YOU EXPECTV�
General (for all facilities)
0
Bulletin Boards,Windows and Doors
Daily,-.
Designated staff conducts 'inspection of exterior and interior ot I'acility.
Inspection should include:
Litter
Bird and other animal droppings
Outdated materials on bulletin boards
Brochure/Literature Racks
Light bulbs
Flyers, notices, etc, inappropriately taped or attached to doors, and walls
Graffiti
Wash/clean high windows in facilitates per contract
131-Annually
Wash clean windows in facilities, inside and outside. Buildings with multiple
multi-storied windows (City Hall, Will Rogers, Convention Center, etc.)- contract
for professional services
Parking..........Lpts, Garages.,,and G rounds
Daily:
Inspect,tor litter, trash or other debris
Pick up trash, etc.
lei Empty trash receptacles,, replace liners
Lease Agreement with the Fort Worth Hispanic Charnber of Commerce, Inc. 18 of 22
0 Park sites - Weekly
BI-Annually:
Power wash surfaceffloors, walls
4
Entrances, and CoYridors
Daily:
• Empty waste baskets/receptacles, remove debris, ,sheft and/or replace sand in
0
smoking urns (Note.- if at all possible, locate smoking area away from the
entrance); s y
,urve entrance for leaves, litter and remove
• Dust mop and wet mop tiled areas
• Vacuum carpeted areas and mats; remove gum and soiled spots
Disinfect water, fountains
0 Clean entrance door glass
9 Dust lobby/reception area furniture, fire closets and extingui.shers
Weekly.-
Clean d,isplay cases and interior door glass
Spot clean walls
Restore floor finish on non-ca.rpete,d floors
Twice Monthly:
* Dust high vents, lights, blinds and well surfaces
Restroloms and Locker Rooms
Dal ly-,
• Empty waste baskets/receptacles and change liners
• Restock dispensers-, soap., paper towel, toilet tissue and feminine hygiene
• Clean mirrors'; clean and disinfect uninals, and co odes; clean basins; polish
stainless steel and chrome surfaces
• Spot wash walls, lockers and partitions
40 Sweep and wet mop: floors with disinfecting solution; ensure that the process is
started with a clean mop
Weekly:
9 Damp clean and wipe/polish partitions
40 f% I
Pour at least one gallon oi clear water down floor drains
• Dust wall and ceiling vents
• Wipe/clean doors and wall the
Twice Monthly:
61 Die-scale fi,xtures
* Scrub or m,op floor thoroughly
Offlices and Lougges,
Lease Agreement with the Fort Worth Hispanic Chamber of Commerce, Inc. 19,of 22
T'A
uaily,
• Empty waste as its/rec e tac]es inside or placed outside office door
• Clean any in-ner-office restrooms f"011ow-ing public restroortis standards
Weekly:
• Empty waste baskets/receptacles and change liners
• Dust cleared fijmiture tops, desk lamps and bookshelves,
• Clean doors, door glass and telephone
• Dust mop and wet mop tiled floors
• Vacuum. and remove spots from carpeted floors, -fabric chairs and sofas
Monthly:
0 Dust coat racks,, clocks, window ledges, pipes, vents, blinds and any
connecting vertical and he wall surfaces
• Restore floor finish on noin-carpeted floors
Classroo, as Audlitorl"up *'a
In is ..Unraries and Reception Areas
Daily
• Empty waste baskets/receptacles and replace liners
• Clean dry erase or chalk boards and trays
• Vacuum traffic patterns on carpeted floors; remove gum and soil spots
• Dust mop and wet mop tiled floors
• Clean glass, in doors and partitions
• Dust furniture surfaces and damp clean tabletops
• Empty pencil sharpeners
Weedy
•
Vacuum carpeted areas: thoroughly
• Clean door surfaces
• Restore floor finish on non-ca.rp�eted floors,
Monthly:
10
Dust high vents. fights, pipes, blinds and connecting vertical arid horizontal wall
surfaces
Vacuum upholstered chairs,
Conference Rooms
Dail
0 Empty waste baskets/receptacles
• Clean dry erase and chalkboards and chalk trays
Three (3), Times Weekly:
Vacuum traffic patterns on carpeted floors and remove gum. and soil spots
Dust mop and wet mop tiled floors
Clean glass in doors and partitions
Lease Agreement with the Fort Worth Hispanic Chamber ofd" amerce, Inc., 20 of 22
Weekly-,
Dust furniture Surfaces and dan-ip clean table tops
Empty pencil sharpeners
Vacuum carpeted areas thoroughly
Clean door surfaces
Public Stairs
Daily:
• Dust mop and wet mop
Weekly.-
• Dust handralls, radiators, window ledges, clean risers and ledges,
Monthly.-
• Dust high vents, lights, pipes, blinds and connecting vertical and horizontal wall
surfaces
Copy Rooms
Daily.
Empty waste receptacles and replace liners
Dust tiled floors,
mop
Vacuum carpeted floors, remove gurn and soil spots
Weekly:
• Thoroughly vacuum vents
• Clean door surfaces
Monthly:
• Dust clocks, window ledges and blinds, restore -floor finish on non-carpeted floors
Shower Stall�, Community Centers Ot4er Facilities
Daily.-
Remove foreign matter and soap. Clean disinfect floors
• Flush floor with clear water and squeegee dry
• Disinfect shower walls
• Clean beneath shower mats. Clean and disinfect mats
Twice Weekly-,
• Clean handles', showerheads and other fixture hardware
• Scrub and disinfect shower room walls. Remove scum from walls
Break Rooms
Daily:
• Clean tabletops with disinfect
• Empty waste receptacles and replace liners
• Dust mop and wet mop tiled areas
Vacuum carpeted areas and mats,, remove g,u ► and soll spots
Lease Agreement with the Fort Worth Hispanic,Chamber of Commerce, Inc. 21 of 22
i
• Dsinfect drinking fountains
• Wipe chairs with damp sponge
Twice Monthly:
16 Dust vents, lights,, pipes and bllinds
Gymnasiums, Activity Areas
Daily:
Empty waste receptacles and replace liners
0 Dust mop court floors and spot clean
0 Dry mop gym floor with recommended product
0 Clean glass in doors and partitions
0 Clean and disinfect drinking fountains
Remove gum and soil spots
Dust mop and wet mop tiled floors
Spot clean walls
Clean glass in doors and partitions
Weekly:
Vacuum carpeted areas thoroughly
Cleaii dolor Surfaces
Spray and buff tiled floors-, remove scuff marks
Monthly:
0 Dust or vacuum vents, lights, pliplesl blinds,, drapes,, etc.,
0 Vacuum upholstered fumiture. Clean all wooden and other furniture
Lease Agreement with the Fort Worth Hispanic Chamfer Commerce,, Inc. 22 of'22
M&C Review, Page I of I
Official site of tlie City of Fort Worth,. Texais
I T C,OmummNOCIL AG"E"mm"Ou"'A
CI
COUNCIL A CTION-. Approved on 111112011,
**L-11 5278 LOG NAME6 80H I SIPCHAM01 1
DATE,: 11/1/2011 REFERENCE NO,,, V
CODE: L TYPE: CONSENT PUBLIC NO
NIA
SUBJECT-. Authorize Execution of a Lease Agreement with the Fort Worth Hispanic Chamber of
Commerce for Office Space at the Northside Community Center (COUNCIL.. DISTRICT 2)
RECOMMENDATION-.
It is recommended that,the City Cou�ncil authorize execution of a lease agreement with the Fort Worth
H�is,panlic Chamber of Commerce for designated office space at the Northside Community Center.
DISCUS,SION:
Since 2005, the Fort Worth Hispanic Chamber of Commerce (FWHCC) has leased office space at the
North,side Community Center to, meet the need's of the Hispanic/L,atino community in the areas of
workforce, development, consumer health and awareness, education, business consultation, financial
literacy programs and access to the Fort Worth Branch of the Counsel de Mexico. The, FWH'CC has
requested continuing the Lease Agreement for two years at $2,,045.74 per year with two one-year
options to renew under the same terms ands conditions.
The FWHCC plans to share the area with the Counsel de Mexico, Casa Immigrante, and
Banjercito. The office serves as, a branch of the Dallas-based Counsel de Mexico and is open each
week from Monday through Friday.,
The Northside Community Center is located' in COUNCIL DISTRICT 2.
FISCAL INFORIVIATIONXERTIFICATION:
The Financial Management Services Director,certifies that upon approval of the above
recommendation, the Parks and Community Services Department will be responsible for the
collection and deposit of funds received'from this Agreement.
TO Fund/Account/Centers FROIV11 Fund/Account/Centers
G 01 465235 0800522 $2 5.74
..................
Submifted for Cif v Manager's Office by,:. Susan Alanis (81 ),
Orig11nating De rtr rent,Head Richard Zavala (57104)
Additional Informa�ti"on, Co.ntact:,. Sonia Singleton (5774)
ATTACHMENTS
h -. ap s.cfwnet.org/council_p acklet/mc—rev i ew.asp.?ID=1603 1 ►&cocild
unate=1 1/1/20111 11/20/2013