HomeMy WebLinkAboutContract 45229 CONTRACT NO,
1,Fj,k- S E X CY'R E E NI F N'T
This H.'"ASE AG'R LI'[A fjNT(the "I case") is r-nade and etitered into as of
2013 by and between THE CITY OF 14,'ORT WORTH, a 'rexas nlUnicipal corporation
("Lessor") and, THE VIERTZ CORPORATK)N, a Delaw(are corporation ."'Lessee"),-
WHEREASI, Lessor is the owner of real property located at 917 I'aylor Street, Fort
Worth r 1exas which i's 1r1 ,proved with an office bUildinn and an attached parking garage known
as the Municipal Parking Garage ('`Garage"), and a parking lot cornmonly known as the Motor
Pool Lot at the same address (the ",iMotor Pool Lot") the office building and parking areas and
the underlying land is collectively hereinafter rek-,irred 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 COntlogLIOLIS
parking spaces on Level I A of the Garage, eleven non-contigLIOLIS parking Spaces on the 6" 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 gar all
put-poses, said Store Premises (and Park i jig Prerni ses are sometimes collectively referred to herein
as the Leased Premises; and
WHEREAS,, ['.,essor desires to lease, to Lessee the I-eased Premises on the terms and
conditions agreed to below.
N(-')W, "ITIERETORE, WITNESSETH:
ARTICLE ONE
LEASE OF' PRENIISES
fn consideration of the i'nutual covenants and a
t greenients of this Lease, and other good
and valUable colisideration, Lessor demises and letases to Lessee, and 1--,.essee leases from Lessor,
the Leased Premises.
ARTICLE rrwo
T'E RM
Secti 2.01. Subject to the ind (I'l-.onditions hercin oorittai
on ned, L,Cssce ll have
C"I'lld li�,ofd the [ ed Pre l-nis"es G")1- ii term of' 11,Iree (3) S (the "'Term") coll"m'l
C(a r 4
-iher 30
c)I-I'l, 11 (111d eliding ;,tt r1lidn'tYht c) Ncm,en
V)ecern,her 1, 4201 , 'Y
7
6 4 tit l
(the t I'th" (�A k-) t,,ci I K"I'll IS" i n r 1,,2, c rit c"i 1k,,)n as
Ttlt')rl t(') C"'Kic I
-6 t- 1,)eriod
(11 lic-4 ele I-u:d 1, 1"1 a v e n e nd the Ver"m I an i,(]d"t i o tia I
Ij
years to cornmence the t-hty 6(I')11()'%VIrIg tf�lc the-I'l sch(I-111.,dtiled 1."'Apiration at (the "t'-'Atension
option',,'). "nie extension described I-ierein °,)htall be itpon the ri,,'Atiie terms and conditions o,f this
1--case, except that t-,cssee shall pay Lessor i-nonttlly gross rent paynients in the sum of$3,704.2
ar I"cn- ot'llce Space and $'110.00 ar,ing s .nace
(K.-Ised on $19.75 PCr SqUal"C fbot. 1,)cr C, AL CO
OFFIC
CITy RY
As TX
E Ur E'll 1141 IF-llrl-)� it 1 11 J,"I'V, 1 163
C EIVED DEC 2, 0 210113
month). Lessee shall exercis,e the Btension option, by 0 ving Lessor written notice at least
n:inety (90) (lays prior to the then SchedLiled 14'x1 iration Date.
Section 2.02,. L.cssee shall have no right to remain in possession of all or any part of the
Leased Premises after the expiration of the I erm without Lessor's consent., f f Lessee remains in
possession of all or any part of the Le'ased Premises after the expiration of the Ten-n without the
consent of Lessor, such tenancy shall be deem a month-to-t-nonth extension of this Lease at the
last monthly rental, and may be termin,-L'Ited by either party on thirty (30) days" written notice.
A RTI C L E T H RE:E
USE OF ]LEASED PREMISES; COMPLIANCE WITH I'dilk' 'W
Section 3.01. Lessee is granted and shall have the right to Use and occupy the Leased
Premises solely for the purpose ofthe 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 Garage,
or Motor Pool Lokand shall not allow any of its vehicles to obstruct any di-i'veway, ramp, or other
loee n
parking space in the Garage or M(, to r Pool Lot. shall n n-ip y parking i the ot allow e
Motor Pool Lot. T.,essee shall have the right to vacuum its vehicles on the roof of the Garage,,
provided, however, that Lessee shall be respons,ibile for properly disposing of any trash, or debris
from cleaning.
Section 3.029 Lessee, at its own expense, shall promptly comply with all federal, state,
1.
municipal, and other laws,, ordinances,, rules., and regulations (appnca'ble 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 bome by the Landlord. Lessee shall
not commit any act inconsistent with the openation of Its business which is a nuisance or
annoyance to Lessor, or which might, in the exclusive and reasonable juclgre t of Lessor,
-e or depreciate the Leased Premises.
Appreciably damage Lessor's reputation,, or tend to in'
I L11
Lessor shall promptly comply with all federal, state, munictpal, „ind other laws, ordinances, rules,
and iegulations applicable to the Property, except for slich laws and rules that are Lcssee's
responsibility as set forth in :'he Paragraph 102.
Section 3.93,. (_Jnder no 1AJ1,11 1. . � tis- (")r cl:ILtse to be tised (,,,.,)n the Veased
3
Prw cniises iny flazardotis iw sto,)rc (,,)r di,,,spose of”, any such stit)slances or inatcrials On
VCA,r° ".,p t"A 11 th(,)se 'rrc, ter';,,fls def"ned ,is h, or
%r 9(`)-5 1011
R ici-ided, or ar�iy odiel',m
kku ill t S, sultices utidito
t x c nri,att,,.,rials,
%X I�,J i n,g
or fl derial Ltw, 1,ess4,.r �.,trra n I's tfri;at d"iere is n(,,,) pre-c� `S
local
S
pr(,,,:%,sent in any portiot i of"the Leased Pretni4,,Ies.
S'ection 3.04. Lessee takit�ig poswssion of' the I.,eased Premises shall be conclUSIVe
Is sultable for the purposes, and uses, fbr which sarne are
'der-ice that (a) the. Leased PreinjS(..,, C e
v I
1,111d to Lcii,ised Prer�nises,
le,i.ised; and (b) Less('.-e waives ,triy ,in d all (11(1,�-�fi'i",'!Cts 'In c the its
-inces or latent def"cas. Further, I.essee
and in, ,.ill the appurtcnances thereto, except f
appurtcn.,
Pf-,Ige 2, of 1 4
takes the Leased Prernises and all (appurtcnanccs,, in ��2,ks Is 71 Condition without ,,v arrant y,
expressed or, implied, on the part of' 1. essor, subject to Lessor"s repair and maintenance dUties as
provided in Paragraph 6.04 of this l'e'ase Agreement. Lessor shall secure all doors within the
existing office space to prevent access into any portion of the office space that extends into the
Leased Premises. Lessor shall not be liable to Lessee, Lessee 1,s agents, employees, invitees,
licensees, or gLICStS for any (Jamage to Carey person or property due to the Leased Premises of any
part of any 4Appurtenance thereof being iniproperly constructed or being or becorning, in disrepair
unless such injury or damage is caused by or is the result of a breach of Lessor's duty to inspect
or a. e repairs as prolvided in Paragraph 6.04 of this Lease Agreement.
or a( t Ions to, the Leased Prern'
Section 3.,05., Lessee shall make no alterations 111, ld*t* Ise's
without the prior written consent of Lessor. SUbject to the provisions of Section 5.04 of this
1)
Lease Agreement, any, permanent afterations, additions an wor in made to or fixtures
or other improvernents, placed in or upon the Leased Premises with the exception of trade
f'Xtrures, shelving, racks, person, I property, furniture, machinery or equipment), shall be deerned
1, a
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 teraiination of this Lease. Lessee shall not
install signs, advertising media, a,nd 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 frorn the exterior of the Facility without Lessoirs prior written
approval, except that Lessor hereby approves, the existing, signage. Lessee shall remove all
sig,nage at the expiration or term-nination of this Lease, and shall promptly repair, at its sole cost
and expense, any darnage to the Leased Premises caused by the signage or its rernoval.
Section 3.07. Lessee shall not permit the use o loud, abusive, f'()ul,, or obscene language
in the Store Prem,is,es, or the Garage Preniises, nor permit any unlawful, obi scene, or imm,oral acts
on the Store Premises or Garage Prerrilses. Lessee FUrther agrees to remove any person using
such language or perfomling such acts.
Section 3.080 Lessee agrees not to nilp,tre, annoy, or interfere with the HgJits of any other
tenants of Lessor or any other U,';ers of the Gat-age.
,kRTICL.F. FOUR
REN I'S AND DEPOSIT
S,ect1*#,,)n 4.01. 1:)ay to L( {Y r,, t-noritt-Ov rc,,nt of 70 calcl-IL'Ited
Y
i c 1,*6 1- 1)1 4 t'eet, t"Or
Pl i�trllscs, I I(S,S I j,-Wr ol'o,"A' c
a nioi'itfily rate (,-)f S, 1�,,,432. 70; afa I
W')() per pf,Arking space t't,,)r twenty, parking spaces, 6 A
nit,)nthly rate of S2001,0.00.
ge Soft
Secti-on, 4.02. Lessee slit-ill pCay to Lessor, at the I"')oPartment o IFT'ran sport at ion and PUblic:
Works, Parking Services, 311 ��CSt t 01h Street, Fort Worth, e rexas 76102, or SUCh other address
as the Lessor may LICSignate from time to time, the Rent dming each nionth the Lease rcrnains in
effect. Lessee shall pay all such Rent monthly in advance and without dem(and, to, be received by
Lessor on the tenth day of' cacti month. If the payment of Rent is not received by Lessor (as
provided herein, then all arnOLints due and payable to Lessor hereunder shall liear interest from
the date the payment ot'Rent was, (ILIC Until paid, at a per annum rate or interest equal to the lesser
of (a) eight percent (8%) or (b) the highest non-usurious. rate perrnitted. by applicable law.
Notwithstanding the f0' regoing to the contrary, Lessor shall w jai ve late charges or delinquent
Rent paynient for the first time Rent is delinquent in a twelve (12) month period. 'rime is
speciFi,cally of the essence of this provision and of every provision of this Lease.
ARJ71C1_jE FIVE
r AXES AND OT1-1ER CHARGES; .tAENS
Section 5.01. Lesso�r shall he responsible for the payment of all assessments, ad valorem
taxes, and other taxes of fliny kind levied on or assessed as a result o�f Lessee's, operati I ons
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 Less,eel's personal property at
the Leased Premises.
Section 5.012. Lessor shall Furnish Lessee with all utilities, fighting, heating, plumbing,
water, sewer, and air conditioning systems. I-essee 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 materials furnished or clain"icd to have been ftirnished, by, through, or Linder
Lessee, by reason of any constrUCtion, alteration, addition, ri,-,pair, or demolition of any part of the
Leased Premises.
Section 5.04. 1.,.essee may, at any time kvhi,le it Occupies the Leased Premises, or within a
reasonable time thereafter, not to exceed sixty (60) days, remove personal property, fumiture,,
fixtures, machinery, equipt-rient, or o rather trade fixtures one placed by Lessee, its subtenants
or licensees,, in, under, or on the Leased Prcmises, or acquired by Lessee, whether- before or
IS
during the Term, fa,nd any extension. 1,.,,cs,,)Ie.e mtist riepatr arty damage to any buildings or
on 11"ie 1..,eascd 1")I.C1,111SCS 1"C1111 t i r) friorn the Any ,s;uc1'i iten"is, not rer'noved
'YS, �vill
K)n o1z,tte, not 'to e,xicecil sixty (0")) (la
time �dler tile' I't
1,�)roperly on 11,i��A,t
k, 1,C S UX
MIA, 11IN"FENAM.-T, ,00 R
Section, 6.011. Subject to lion 6,04, Lessee fa ll, at Lessee's so le e xperise, perform all
rotitirie rntaintcnance and re it to the interior ofthe Leased Pli-ernises (I.:onsistent with keepit'ig
the 1,42,ascd Preni1,-es in go(,)d condition �,Ind re pair Inch'iding, with,OLA linlitation, as to the
Page 4 of W
(%le~trio al and PIL111,111itig C("Miponents loccatcd within the Letascd Premiscs, arid excluding the
heating, ventilation and air condition system serving the 1-cased Prernises. Lcssee shall provide
its own janitorial services. Upon tens-iination off`. this Lease, Uessee shall surrender the Leased
Premises to Lessor in SUbStantially the same condition as at the commeticcment of the Lease,
(.xcepting only ordinary wear and tear and darnage and subject to Sect,ion 6,02.
Section 6.02. On, or prior to the beginning of the Term, 1.,essce all conduct a thorough
and diligent inspection of the Leased Premises. Lessee's taking possession of the Leased
'remises shall be conclusive evidence that the Leased Premises are in good order and
statisfactory 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 Prernises, have
been made by Lessor to Lessee,, other than as expressly contained it this Lease.
Section 6.03. Eessee, at Less,ce,'s, s cost arid expense, may make alterations, to the
Store Premises, with the prior, written (approval of I-essor, which approval shall not be
unreasonably withheld, conditions d or delayed.
ion 61.04. Lessor shall be responsible, at Lessor''s sole cost and e ense, for.-, (1) any
necessary strtict,ural repairs and mainteriance, (11) maintenance, repair, or replacement of the roof,
exterior walls, and foundation, electrical and ni,echanical systems and the heating, ventilation and
C ir conditioning systems serving the Leased Premises, arid (Iii) repairs, maintenance of the
Parking Premises. Lessee agrees to, make all non-structural interior repairs as set forth in
Paragraph 6.01. Lessor shall have the right to make inspections of the Store PremiSCS upon
reasonable notice aril thereafter make rcasonable recomi-riendations to Lessee about the Store
.Premises. Lessee agrees that it shall, within forty rive days frorn the date of Lessor's
re commendations, 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 clays, Lessor may, upon reasonable notice to [,essee, Undetlake the repairs it deems
necessary, arid the reasonable cost of the repairs by Lessor shall be paid by Lessee within thirty
(30) (lays after notice that the repairs are coniplete.
ARTICLE SEVEN
tNDENINIFIC"ATION
Section 7.01. 1,.ESSEE t-1 E RFI'#BY' ASSUMES Afjf, UJA611,11"Y AND
14 E S P,O N S I B I I,UT'Y` FOR PROPERTY 1_d()SS,4 P RO P'U'd RJ""Y [,)AMAC E AN WOR
1W,V'Tffq 4`0 ANY AM) AUJ,
PFRSON,11**U. INJW,_JRV OF ,NNY KINI. it 11
PFRS()NS,, OF ,kNY KUM) OR WIM"144ER RF,101, (A ASSFR'1101�
kRISINC OUT OF OR IN W14`111 14"ISSEE's USE OF 111111F UoVASED
JX tj SE D 114 Y` U ft E4
PRE"MISES UJ�N F"'i R '171411S V4',,XSE9 EXCEH' TO '141E EXIEN'll (",
, "N'T XC","TS 0R ("M ISSU)INS OR 1N"UEN1'10NA1.., j)41SC',`0N1)tJCT OF 1,.,ESS(' R,
4
UTS EINIPI'..ION"EVS, ,,k(,"N'EN"f S, INVITEES,OR CON'TRAC,TOWSS
LESSEE 4�ND ACW"REES TO, ikND IX)ES FIEREBY, INDENINIF 11Y,
1,U)LD 1UXRNI1,P`S,S kND I)EF"ENO LESS(M. ITS OFF'ICERS., ACNEN48, SERVANTS
hg,e 55 of'14
AND il"MPLOYEES, FROM AND AGAINST ANY k,ND ALL (-l'LAAl,NIS OR LAWSUrl"S
1A R EITIIER, PROPERTY DA,',VlA(--AwE OR I OSS AND/OR PERSONAT,
INCLUDIN(Il' DEAT1,19 TO ANY AND ALI, PERSONS, OF ANY KIND OR CHARA- Cl"ER,
VN'I1'E"rlIE,R REAL OR ASSERI-:EDj ,ARlSlNG OUT OF OR IN CONNECI"ION WITH
LESSEE'S USE OF 'rtIE LEASED PREiMISES, EX(""Err i"OTHE EXTENT CAUSED BY
TUE NEGLIGEN'l I ACTS OR OMISSIONS OR INTENTIONAL, MISCONDUCT OF
LESSOR, ITS EiNIPI.,OYEES9 ,,k(,-"I'ENt'-Sg INVITEES OR CONTRAC"TORS.
SUBJECT TO LESSEE AND LESSOR'S OBLIGATI ONS iltS CONTEMPLATED
IN PARAGRAPI-1 7.02, BELOW, LESSEE ASS UNIES ALL RED SPONSIBILTTY AND
AG,REF,S '-I'O PAY LESSOR FOR A-NY AND ,'U,L INJURY OR DANI.AGE TO LESSOWS
PROPERTY WHICH ARISES OUT OF OR IN CONNEC41ON WITH ANY AND .,kLI,
A("'TS OR OMISSIONS OF LESSEE, ITS OFFICE. AGENTS, EMPLOYEES,
CONT ice ACTORS, SUBCONTWtXCTOWS, LICENSEES, OR INVITEES, EXCEPT TO TIIE
EXTENT CAUSED BY "I"HE NEGLICEN"t" ACTS OR OMISSIONS OR INTENTIONAL
�N(II CON DU`f OF LESSOR, ITS ElN'l PLOY EES, A.C.'ENTS, INVIr rEES OR
CONTRACTORS,
LESSEE SHALL REI,EASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD
t-IARMt.,ESS THE LESSOR, ITS AGENTS!, EMPLOYEES, INVITEES,, OR
CONTR-AcrORS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND
, SrIFA TE, LOCAI, OR MUNICIPAL
THE V101,ATION OF ANY AND LL., FEDEkkl.-.
LAWS, STATUTES, RE(-''w'Ut.,ATl0NS,, RULES OR ORDINANCES REI-,ATING TOTHE
ENVIRONMENT RESULTING FROM LE SSEE"S USE OF THE LEASED PREMISES,
AND PROVIDED, SAID ENVIRONMENTAL DAMAGES, OR THE V101-4AT ION OF
SAID ENVIRONMENTAL REQU IRE MEN"I'S WERE THE RESULT OF ANY ACT' OR
OMISSION OF LESSEE, ITS OFFICERS, AGENITS EMPLOYEES,
SUBCONTRACTORS, LICENSEES, OR INVITEES OR THE .10INT ACT OR,
OMISSION OF TENANT, ITS OFFICERS, AGENTS, EMPLOYEES. LESSEE IS
EXPRESSLY NOT Ll.,kBLE FOR AND DOES NOT INDEMNIFY FOR ANY
ENVIRONMENTAL DAMlA(,.l'f'ES OR '17[IE V10LAI jON OF SAID ENVIRONMENTAL,
REQUIREMENTS WHICH I-lAVE, OCCURRE",I) PRIORTO "'THE DATE OF TENAN"I"IS
IN Ir TI OCCUPANCY OF r,rtlE LEASED PREMISES.
1.-.,ESSOR DOES Nar GUARAN"I'FE, POLI(_1'E PROTEC'140N '10 LESSEE, OR ITS
PROPERTY. LESSOR Stt NOT BE RESPONSIBLE FOR lNJlJRY TO ANY
PERSON ONTI-IF 1,KASED PRKMISES OR FOR ttA,RM '1`0 A,N'V PR(')PF"#RTY' WHI(,"lI
BELON" (,"s -t 1 11 1;, 1 -%
"SSEF1 vi"S oFFIC'ERS, SERVANS'l p,lpNlPl"0N0,Fp�,,s,
C) ,
ND
CON! "I'l, "A'All RI"S, ,,- ."3 ,") ..,k( ,?,S, 1.10ENSEE'S, IN'le"ITEES, OR R, 'R(,)NS, 4k
"x('4 D ,,xND 1.,E"SSEE
"Xillic"t"I BF,",4S`t"Ot+No t)Es"("R0'V+:1) (ll)R lLN :VNV �V'xv 1),vN'L, 'I I
11E.IREBY 14(4m[)S 1,,,ESS(,,.)R,, ITS r� (w'UNI'S,
SERVAN"I'S AND EMPl.()*YE+,S FRONI AND ,,�,,�C'AINST ANY ,,A,ND ""LAINIS,
E 7 7" 1 k _0 'I I , C,,"IFS OR OMISSIONS OR
XC,`EPT 'F0 EX"I"ENT ( At"SFID BY 'fflf NE("LICEN't N
`T OF LESSOR, ITS EMPLOYEES /X(11E.N017S, INVITEFS
IN"IFEN""f IONA.1, MISCONDUC' 14
IP
ry
Page 6 of"' 14
1,.MP1.,..OYf1A.FS, INVI"I"EES OR (",ONTRA( PS
T02. LFSSOR NOR, ITS AG'I"NTS,
(INDlVUDAI-J-,Y AN "INDEVINI-IfIE" AND C'awn 1-,,LECTfVElA FI,IE "INDF!VINITFES1
SHALL BE LIABLE IN ANY' MANNFR TO LESSEE, ITS AGENTS, EMPLOYEES,
INVIJ E,FS, CON TRACTORS4 OR ANYOT11--lER PAR1"Y IN CONN1-`,1,*C'TION WI`fH 'THE [JSE
0F1HE LEASED 11REW�ES, BY ANY OF '14 IFMI FOR ANY fNJURY TO OR DEATH OF
P1.-.i-'RS(-)NS UNLESS CADS D1 BY THE NE(I'LIGENT ACTS, OMISSIONS, OR
INTEN" I ON AL MISM ONDUC"T OF SUCH PARTY. IN' NO EVENT SHALL ANY
INDEMNITEE, BE 1-JABLE IN ANY MANNERTO LESSEE OR ANY OTHER PARTY AS
,I-HE RESULT OF TI-JE ACJ'S OR OMISSIONS 01"' LESSFE, ITS AC"EN"I'S, EtvIPLOYEES,
C.ONTRACTORS, INVFFEES, OR ANY OTHER PARTY. IN CONNEC"I'lON WITH THE
t-jSE OF T1,1E. LEASED PREMISES, BY ANY 01F THEM. ALL PF#,RSONAL PROPER"I"Y
WITIJIN VEHICLES U'SINNGTHE LFASED PREMISES, WHE"'I'HER, P1,JRSUANT TOIHfS,
LEASE OR, OTIJERWISE SHALL BE AT -f-I JE RISK OF LESSEE ONLY,, AND NO
INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DA.N4AGF J"O
PROPERTY OF LESSEEI jr-1,S, FMPLOYEES, AGENTS, PATRONS, INVI'TEES, OR TO
OTHERS, REGARDLESS OF WHETUIER SUVII PROPER-I'Y IS FNTRUSTED TO
FMPLOYEES OF LESSOR OR S(JC1J I-OSS OR DA,MAGE fS OCCASIONED BY
CASUALTY1, TIJEFT OR, ANY 01111ER CAUSE OF WHATSOEVER NATURE, EXCEPT AS
OTHER'WfSE PROVIDED IN TI-IfS, z\RrT1CI-,,E 7.
'7.03. The proviicooris of is Article Se en s,h,all survive the ter-mint ion, oir expiration of
(his Lease.
AR'r1("1.,E EIGu'r,
wi
INSURANCE AND CASUALTY
'I"
8,01 Lessor shall, at all times (Ju 1
r'Itig the erm of this [.,.ease maintain a piolicy or
policies of insurance issues 1-)y and hindino, upon �in insurance, company, insuring the building of'
0
-rt gain st loss or darnage by fire or oth-er hazards and
hi,ch the Leased Pre-mises re a pta (I
contingencies.
8.02 Lessee shall maintain its own insurance on I esslee s tnerchandise, equipnient, and
p ,es. Any insurance coNrcra,g,e maintained by Lessor
ossessions in or about th l
e xased Prern'is
shall, insure Less "i's property only and will not insure Lessee's property, trade fiXtUres, or
iltierchandise, on the I-xasied P,reintse s, in the event of (lat'nage I-lowcver caused. Any insuranc.le
coverage n"iaint,,(,,,,11ned by t-xssce ,��;Iiall instire 1,essce s property only :Jnd will tiot insure Lessor's
0 1 < '1 0 "d I ,(I.
111,01)l(w rty or u,"ie I.-c-ised Pren,i, i n the wli;ent 0 f dal CilUse
111(1 1'i-)r ("Itu-It"ot"I ii-isiintnce q z,,i i rl S
ies Y
a
UI ti,S. il txi 1-)iorrie
ICCI I
maiwain limits, rio Ic.,;,ss than.,
Page 7 of 14
I . Co n'i ni A2 rc 1 a I gen c ra I I I a b I 11 t y: $1,OoOl 000-00 co m b I P.cd s 1 ng I e 11 m i t per OC C U rrc nc c 110 r bod)I y
injury, personal, and property damage. Nfinirriuni 'S.? 000 000.00 aggregate.
A— Commercial All Risk" Property insurance co,�k.Tjng Lessee's personal property.
I(Nitiontil Re(litirements to .41/ ("OV17eieiges
Deductibles and Self-inSUred Rctcritions, 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.
-Fhe following provisions shall apply to: General liability and autOMObile liability coverage
o "The Lessor, its o fficers, o)f.ficUlls, arid employees are to be covered as "additional
Insured's as respects: Iiability arising out of premiss oWned, leased, or used by the
Lessee.
Each inSUrance policy requ.ired by this agreement shall be endorsed to state that coverage
shall not fie stispended, voided, canceled, reduced in coverage or in limits reqLiested, except
fler 30 days' prior wrilten notice by certified mail return receipt reqUested9 has been given to
the Lessor.
Acceptability of Insurers Insurance is to be placed with insurers. approved or licensed to do
bLISiness in the State ol"I"'exas with a Best's rating of no less than A-; U.
Verification of Coverage Le see 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 authodzcd 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
ttrne.
Notwithstanding anything in this Article 8 to the contrary, Lessee may provide any coverage
required herein throtigil its self-inAlrkance program. If Lessee elects to self"insure, no Certificate
of Insurance will be issued, but [,essee shall provide other proofsatisfactory to Lessor of such
SCIf-ire SUrc"Ince.
8.04 In case of damage by fire or other lrisw-ed casualty to the [..,eased Premises, Lessee
shall give immediate notice to the t,essor and to [,ess,,,ec`s casualty insurance provider. Lessee
shrill co,,-, perale with Lessor -nanner r(:quested so that Lessor may tile a
0 in any reasoriable i I
(."Jaiiii(s) for the datnage ca,11scd by the c�'Isi,ialty event. I.,essor shall decide, ill Lessor's sole
disclchon whether to r(:,,pair, rc[)tali.l, Or relplace the I,c,,Asc.d Pre raises, or the [milding locate(] oil
the" 1,etaswd relic, Provide(J. hf' Crl Premisc!S
111d restore the
d its ,JS 1")ossible 1'iia ij�i rio c_",k,,Cr1ft foil siixtYll (('11""00) khl.lys
t i e i"i I t-) 1141, D
("I"lte of tht"! til,v (A" sh;tll [")ie tdliwy�'cid .,I 1'*,,,nr Ition
1-1i e
in to 14"Ie es:14clit 0-le Ve�""Iscti �Irei I I I'll"(,In,th,le but ifthe,,
i01- 01C I)LI114,1111g k)(` 'vVh1ch ihe [Irt.-,iriiscs i,tre a p;,,,irt r1rrll he dcerncid b
ssor"i- sole opirtion, to so (1,.11M 11(19C(l ,as to tw t,,infiit fir occtipancy, or if the 1._essor
S h all deci Ire i build., this Lc;lsie �,zllall rte and LcIssee Shall only he liable for rent and
de to -e1
.her monetary o fill gAi(,,)ns 1"Inder this t^ rr to the tirne of the fire or the casualty. If the Lcased
Y
Prenlises, (21�,annot be rep(aired, In V,("'s sic(_"'s, sole �Vithin sixt,�,, da S. I.essee e-.,It Its itole
discretion may tcrmi mate the I ease.
Page 8 of 14
1
A
ARTIC"LE NINE
ENIINENT DOMAIN
If zany part of the Leased Premises is taken by eminent domain, either Lessor or Lessee
mcay terminate this Lease. If neither Lessor nor Lessee elects to temlinate the Lease, Rent will be
reduced in proportion to the area of the Leased Premises taken by eininent, domain, and Lessor
shall repair clny damage to the L.cascd Premises reSLIlting from the taking. All sums awarded or
agreed upon between Lessor and the condemning, authority 6or the taking of the interest of
Lessor 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 [..,ease is terminated
Linder this Article , Rent will be payable up to the date that possession is taken by the
condemning aut I nori,ty, and Lessor shall refund to Lessee any prepaid Lin accrued Rent less any
SLIM then owing by Lessee to Lessor.
ARTICLE TEN
SUB1,ETTING, ASSIGNING, AND NIOR'-rGAGING
Lessee nay not assigni 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 attenipted assignment or sublease without Lessor's consent s,hal,l
be void. If the rent, and other consideration 'payable to Lessee Linder any assignment or sublease
of this Lease exceeds the rent payable heretinder, Lessee shall pay to Lessor Such excess within
thirty(30) days following, receipt thereof by Lessee.
,XRTIC1.,E ELEVEN
TERMINATION: EVENTS OF DEFAULT BV LESSEE
9
,XND REMEDIES OF 1.4ESSOR
Section 11.01. ff Lessee defaults in performing any material c(-inerrant or term of this
Lease and does not correct the defaUlt, w'ithin thirty (30) days after re,ceipt of written notice from
f-essor to Lessee or an -Idditional retisonable perio(,t if Lessee is p,roc(-.-,eding with diligence to Cure
the de atilt, Lessor may declare this Leas(,, and all rights, and, interest created by it, ten-ninated. If
1.,essor elects to terminate, this t"'C't"Vie Will, cef,iscl as it' the (Jay of' 1-.essor „�lection were the (JI
ic t-,cf-Ase 1-1")r O's,
-cc
,Section 11.02. If' [ fn t(") an, Igi trit,',rit li,,)r 11'u 1* 11 1`11 S,(""'11,S C S S"j,It C, 111
III ) stoti, Strelet
Str ee�t P;,,trkg ('4"Aratwe ("l-lot"iston 1",e4"'Ise
-I Z117 1-4(
I cV,i's e 1"I 1�I I ul." c)n the date, c t 1''C.
[Jouston (14111LILY I citse unless mherwis-c -wrc(,d by the pfitrfies In %Vnting.
Section 11.03. Effective at Lany tiMe durit'iv- the Lessee rt"i,ity cancel this Lease by
4.71
giving I.(,,,,ssor tat least sixty (60) da)ts pt-i,or, wi-itten notice of its intent to t(.%7ni,ijnate this Le,,"Ase (,,in(l
paying a ree in the surer of I'hree Thoiisand four hiindred 1''1 urty Two iland 7(,,)11(.)() Dollaf-s
Rage 9 or 14
63,432,70). Stich noltice May be giVell at any" ti,inc during the Tenn. Cancellatiot'i oFthis 1.-,cas,e
[Mrsuant to Such option shall have the sanie force anid effect as if t1iis Lea,se had ended on its,
natural expiration (,fiate. This Section 11 .03 shall not apply to ta tet-Mination of the l_,ease under
Section 11.02.
Section 11.04. Upon the tet-mination of this Lease, Lessor mi,,ty then or at any time
thereafter re-enter and take complete and peaceftil possession of the Leased Premises,, with
pir,oces,s of law, and may rernove all persons therefr'om, and Lessee covenants that in any such
elvent it will peacefUlly and quietly yield tip and S U(Tender the Leascd Pren,iises to Lesson
Section 11.051, In the event of the tertnination of"this Lease by I ess,or as provided fOr in
Section 11.0 1 or 11.02 above, Lessor shall be entitled to recover From, Lessee all rentals accrued
and Unpaid for the period tip to and including such ten-nination date, as well as all other
ir.Idditional sunis payable by Lessee, or t"or which l.,cssee is liable or in respect of which Lessee
Under any' of' the provistons hereof has agreied to; indeninify Lessor, which rnay be then owing
and unpaid,, and all costs and expenses I including court costs and reasonable attorneys," fees,
incurred by Lessor in the enforcement of its rights, and remedies, hereunder., Lessor shall use
commercially re(asontabile efforts to tnitigate its, dan'lagles.,
Section 11.06. ff a court of clonipetent jurisdiction niakes or entiers, any final,
unappcalabile decree or order other than under the bankruptcy laws of the United States
I I
adjudging Lessee to be insolvent, Lessor rnay declare the Lease terminated; (and upon such
declaration, Lessee agrees to give immediate possession to the Lessor of the [_eased Premises.
I,
Section 11.07. No deftlUlt by Lessor hereunder' will constitute an eviction or disturbance
of Lessee's use and possession of the, Leased Premises or render Lessor liable for dani,ages or
entitle Lessee to be relieved From any of I.,essce's obligations, herei.inder (including the obligation,
to pay r,ent) or grant Lessee arty right olf(leduction, abatement, set-off, or recoupment, or entitle
Lessee to take kan cflon whatsoev-l3,r with regard to the Leased Pret'nises or Lessor until thirty
y cl I k.-1
(,30) days after Lessee has given Lessor written, notice specifically setting forth stich default by
Lessor, and Lessor has failed to cure such d011aUlt, within said thirty (30) (Jay period, or 1 r such
default cannot reasonably be CLIred within said thirty (30) day period, then within an AIditiona]
reasonable period of firne so long as I-essor has con"iniericed curative action within said thirty
(30) day period and therciatIer i's diligently attemptirig to cure stich defaUlt.
Section 11.08. No vvai�,�ler b,,y, (lie parties to this E'e,"Ise of any dt.,1.47,ault or, 1)reach ot' 'Clany
W clovent"'Int ot this he di(,beri,�ied to tw �,v,,,,iiver ot'i"AnY, (:)ther hre�,,,-,tch of
thie s:arine or otfier ternil fl(li ti C)11, or �:,iw", 1 1,,1,ri t it"i tli6s 1_e,ase. No, pro %,,ision (,"'A' this
AW, 1vt,,d h y e't,I'li, 11
[,,c,ise, tnav," tin,(Jer 1'�'Axlv -Cs to C"i", tol 'Irs 1_(,:,tS1e,
x is i n, li i t 1, 1, 1, iss e
V
h g I n id 11 (11") h p" I'l I r s,�l C,d 'it"Ich livya'��er� �Ce i gl CIS
",A), 0 'I'll i1filly C('vvle'[')��Hlt 01, COMJit,1011
rl )t,
the recit.- 1:)t 1)�y 1,,,, s
f"A"this Lei bly r)("It, d e I I')lc�, ti�,afveil- of stich 1�)rea(,,:h, no 1,)roii%,,,jsu)n of
this, L,,etlsel will be deciiile(il to hillve iicen 'kv,Aivei] 1:)y Lc,-ssorl unliess Waliver is i I ri a
ii,-istilient signed by V-essor.,
11 10 ok f 14
,kR-rici.E "FNVE1--,VE
N1 I SCE 1,UAN EOUS
Section 12.01. Neither this Lease nor 4,my provision hereof may be changed, waived,
discharged, or tern*in.ated, except by an instrument in wtiting, signed by the party against which
the enforcement of the change, waiver, discharge, or ten-nination is sought. rt,is Lease shall be
bind ng upon Inc inure to the berie fit of' the ptartics hereto and their respective successors and
ass i mss.
Section 12.02. -rhe headings in this Lease are insetled 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 dehvcry, facsimile or e-mad) at least one, counterpart.,
even though no one COUnterpart contains the signatures of all the parties to this ..ease.,
Section 12.04. fn the event that tiny clause or provision of this Lease shall be field to be
invalid by any COUrt or cony petentjurisdiction, 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 party hereto has made, or shall be bound by any
agreement or any representation to the other party which is not expressly set Earth in this Lease.
Section 12.06. All notices, consents, or other COMMUnications required or permitted
hereunder shall be deer-ried Sufficient if given in writing and delivered personally or sent by
public or private express mail or by LT.S. Certified. Mail, Return Receipt Requested, postage
prepaid, to the other party at the following addresses:
If to 1,essee.: The f fertz Corporation
225 Brae ROUlevard
Park Ridge, New Jersey 076 6
Attention: Vice President, GlIoNal Real Est'ate
& Concessions
T(.%.1ephon,e-. 201-307-D)Oo
I t 1"1 1,11,11 C t )1"",
I c) o rt %,X 1,-t[.1,
'1000 11-1 1-(�u.'. 111011()n Streell
"I ex 7("'i I()2
F" r�t �V h At
("cry to C'ity Aftorney's,
(",ity ofFort Worth
Fort Worth, -rex1as 76102-
P A,o e
or to SLICE her a(ioress as, SLICh party may her e,,,ifter designZ"Ite by notice in writing addressed and
tnailed or delivered to the other party hereto.
Section 12.07. Lessor arid Lessee covenant, warrt-Int arid represent to the other party that
there was no broker entitled to a commission, fee or other compensation instrumental in
conSU111MI'Iting this Lease. Lessee all i ndemnify and hold 1.,essor harnlIeSs, against and from (aII
cos,ts, expenses, damages a,nd liabilities, including withOUt limitation, COUrt costs and reasonable
attorneys" fees and disbursements, arising from any clairris for brokerage con-imissions, finder's
fees or other compensation reSUIting from or arising 01.1t 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 litig,ant will pay to the SUCCeSsfUl litigant all costs and
exp nses, including reasonable attorneys' fees and court costs incurTed by the SUCCeSSFUl litigant
at trial and on any a ape'i'll.
[signature piage follows]
Paue 12 ot"14
IN WITNESS WHERFOF, ti-iis Leiase is exccutcd by the ji(arlics to he effccu�,"C on th%;71 "C" ayv of"
2013.
1-.ESSOR,-. LESSFE:
CITY OF FORT WORTH THE HERTZ CORPORATION, a Delaware
a 'Texas municipal corporation corporation
Y.
By..- B
t
fill
Fernan(loCosta, Name: I
Roo
Assistant City Manager Fide:
J
Apl)roved as to Form and Legality
stant Ality tto
000
rnt*,y
Atte t",
4C
e,
It '' Sec rewrf I
law/
OFFICIAL RECORD
FFICIAL RECORD
rjjrY SECRETARY
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M&C Review Pagel of2
Official site of the,City of Fort Wofth,Texas
CITY COUNCIL AGENDA FORTWORT11
�OUUUGVhMYN1SINIMtl�Itl10101111111N�C�6tlU9W0iUflldN4Y PbtNflC G9�N6 gf�wII NU 0 MEMOIVVUUVVNUNNV
COUNCIL ACTION: Approved 1111212013
IIIIIIhIIIIIIIIIIl010111gIUl000UIIVIIV010110111VIIVIIIIIVIUN VII1�1Vllllllllllhl III
W!NNVIVIIIIIIInlllllullffi+YSi1NPM&u� 0!i11B1IQki841 NM�N1M1�O(YYf1ak!�P�189�IIPU�tillSulUu9Ii�1�I1liIVIp01N1IdriblulI�1VVNN��iIIUVI " ' 0 W!l
DATE: 1 1111212013 REFERENCE NO. **C-26556 LOG NAME: 20HERTZ LEASE
2013
CODE: C TYPE: CONSENT PUBLIC
HEARING,"
SUBJECT: Authorize a Three-Year Lease w ith a Taro-Year Renewal Option with he Her Corporation
for Office Space and Parking Spaces at the Miunicipail Parking Garage Located at 91
Taylor Street (COUNCIL DISTRICT 91
11116IVVVV01otltlI011IIppIIV"�V!YnY'!UWVIMIVVIIIV��i1'fi911111�!IludWRIYf(I 'iu'!'IM��lu#VIN�"VdRSltir'Y{fNB'VIY9nlif '5�19!Iii NI"N19rM; IVII,VIVIVIIYbIfICiVi VNIWMG�BI IIUVW�MN�i�MMiIlimilIIIIIIIIINQUIIfIVVN4Vll��
RECOMMENDATION:
It is recommended that the City Council-
1. Authorize the City Manager or his designee t o execute a leaser 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.
The Hertz Corporation (Hertz) currently leases 9114 square feet of office space at $18.81 per square
foot and 14 parking spades 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 mointh-tcl-rncnth tern.
The proposed lame provides for the lease of 914 square feet of office space and 2,0 parking, spaces
at a total annual rent of$41,19,2.401. Six of the parking spaces are, contiguous spaces, on Level 1A
and the rernawin,ing 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 black of Taylor Street. The monthly rent will be a
total of$3,143230. 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 rears beginnings on December 1, 2013 with the option
for one additional two-year tern 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
tarn. The rent for the office space will increase to $1935 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 g Mapaco 77A.
FISCAL INFORMATION/CERTIFICATION,,
The Financial Management Services Director certifies that the Transportation and Plublic Works
Department, Parking Services Department, is responsible for the collection and dep s,it of funds due
to the City.
'TO Fund/Account/Centers FROM Fund/A c, a t/ enters
E59 44 42 0208505 $ 0.00
tt �. ppi.. fwnet, g/c � ci t._packet/ c vicw.,asp. D '18 63&c unc ld te,-1.1 t 2 !113 12/24/20 t
M&C Review Page 2 of 2
PE59 442052 0208505 $174192A0
Su it a four C,ily.Marra ger's Office by: Fernand , costa (6 122)
Qr-*ginat*ln a merr Head: Douglas W. Wiersig ('7801)
Additional Information Corr ta.ct,: Peter Elliott (7977)
ATTACHMENTS
Hertz Parki ices. df
http,://apps.cf,wnet.org/cotin,c*I 12/24/2013
1 _packet/mc—re view.asp9.1 D=I 8563&councildate—I 1/12/')01.3