HomeMy WebLinkAboutContract 46117 CITY SECRTAW
AustinSuites Mgt. Ltd. CONI RACT W.
700 Lavaca, Suite 1400
Austin, Texas 78701
512-334-6000
OFFICE LICENSE AND SERVICES AGREEMENT
I. SUMMARY OF BASIC PROVISIONS
LICENSOR: AUSTINSUITES MANAGEMENT LTD
d/b/a AustinSuites
700 Lavaca, Suite 1400
Austin, Texas 78701
(512) 334-6000; Fax (512) 334-6001
CLIENT: City of Fort Worth
NAME OF OCCUPANT TJ Patterson
ADDRESS: 1000 Throckmorton St. Fort Worth, TX 76102
TELEPHONE: 817-392-7504
OFFICE: Suite(s) No. 1451 on the 14th floor of the 700 Lavaca office building at
700 Lavaca, Austin, Texas 78701.
TERM: 9 months, commencing on 12/1/14 through 8/31/15.
PERMITTED USE: Office use only.
GUARANTOR
ADDRESS:
SERVICES: The monthly license fee shall include, and Licensor shall provide, certain services; receptionist from 8:00
a.m. to 5:00 p.m. Monday through Friday (except standard holidays), use of conference room (6 hrs/month/office
included), kitchen facilities and health club.
ADDITIONAL SERVICES AND FACILITIES: Licensor may provide (subject to prior commitments) additional services for
extra charge at the rates set and modified by the Licensor from time to time (a current copy of which is attached as Exhibit
"B") including but not limited to; typing and other secretarial services, notary, copies and facsimile facilities, coffee service,
extra conference room usage, mail handling, delivery services, long distance and additional phone/message services.
BASIC MONTHLY LICENSE FEE: $ 1600.00
+ MONTHLY FEES FOR FIXED SERVICES: $ 487.13
= TOTAL FIXED MONTHLY FEES: $ 2087.13
RETAINER AMOUNT: 2087.13
LATE FEE: Client agrees to pay late fees as provided herein.
nRETURNED CHECK CHARGE: $25.00 per check
m This Office License and Services Agreement ("Agreement') is made on , by Licensor and Client. Capitalized
C terms used below and not otherwise defined shall have the meaning set forth above in the Summary of Basic Provisions.
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® Licensor operates a suite of executive offices commonly known as AustinSuites. Client desires to obtain a license to use
E the Office and desires to use the Additional Facilities and Services provided by Licensor. Licensor is willing to grant such
license and provide such other services on the following terms and conditions:
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11. CLIENT'S COVENANTS
A. The Client agrees to:
(1) pay, in advance, the basic Monthly License Fee, and recurring Monthly Fees for Fixed Services and all other fixed
charges under this agreement and is specified by Exhibit A, which is incorporated herein for all purposes, to
Licensor on the first day of each month without deduction or offset, except as otherwise provided herein, but pro-
rated for any partial month.
(2) pay, in arrears, the variable monthly charges for Additional Facilities and Services or any services covered in the
Basic Monthly Fee beyond any allowances, and all other non-fixed charges, toll fees, calling card charges and
other expenses posted to Client's account as set out in Client's monthly statement at the then current rate
published by Licensor, monthly by the first (1St) day of the month following the date such charges were incurred,
provided Client has at least seven (7) days from receipt of an invoice to pay such charges. At the time of
execution of this License, such fees for Additional Facilities and Services are set forth in Exhibits A and B, which
are incorporated herein for all purposes. However, nothing herein shall prevent Licensor from modifying the rates
contained in Exhibit B from time to time after providing reasonable notice to Client.
(3) pay the Retainer Deposits specified in Exhibit A, which is incorporated herein for all purposes, to Licensor upon
the execution of this Agreement and maintain the Retainer Deposit in the amount set forth therein at all times.
(4) pay an initial Late Fee of five percent (5%) of the total amount of the Client's monthly statement, if full payment of
each monthly statement is not received by the fifth (5th) day of the month when due. In addition to the 5% late
fee stated above, if the monthly statement is not paid by the 10th day of the month when due, Client agrees to pay
$15.00 per day until the statement is paid in full. This Late Fee shall be in addition to any other remedy Licensor
may pursue for payment delinquency, and will not preclude other collection actions that may be taken at the sole
discretion of Licensor.
(5) pay a Returned Check Charge of$25.00 per check for any checks which are returned unpaid by Client's bank for
any reason and to replace any returned check with certified funds within 24 hours of notification by Licensor.
(7) comply with any and all Rules or Regulations attached hereto as Exhibit C, which is incorporated herein for all
purposes, or which may hereafter be adopted by the Licensor for uniform application by all of the executive suite
occupants.
(8) cooperate with Licensor by completing and signing additional documents and do such other things as may be
required by Licensor, the postal service, the telephone company, or any other person in order to permit Licensor
to provide services and facilities to Client under this Agreement.
(9) use the Office for general office purposes only and conserve utilities consumption at all times.
(10) be liable for any and all injury, loss or damage, costs and expenses, to the extent caused by the negligent, wilfull
act(s) or omission(s), malfeasance or intentional misconduct of client, its officers, employees, servants or agents..
(11) maintain adequate funding to cover all of tenant's personal property located in the Office against loss or damage
by fire, explosion, or other hazards or contingencies.
(12) accept, upon inspection, the Office, Other Facilities and executive suites as being in good, sanitary order,
condition and repair.
(13) and reimburse Licensor for all necessary repairs, normal wear and tear and casualty damage excepted, and
return the Office and Other facilities at the end of the Term, or, when appropriate, after each use by Client, in as
good condition as when received, normal wear and tear and casualty damage excepted.
(14) comply with all laws, permit and licensing rules, and other requirements regulating the conduct of Client's
business.
(15) return all keys and access cards upon the termination of this Agreement and give Licensor written notice of
Client's forwarding address and phone number.
(16) become familiar with, and follow as needed, the fire, safety and security provisions of the building.
B. Client agrees not to,without the prior written consent of Licensor, not to be unreasonablV withheld or delayed:
(1) assign or attempt to assign the license to use the Office or Client's other rights hereunder.
(2) permit daily or recurring occupancy of any one Office by more than two people, which shall be the people
identified in the Summary of Basic Provisions.
(3) advertise by newspaper, radio, direct mail, or otherwise using Licensor's name or telephone or facsimile number,
without Licensor's prior written consent.
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(4) bring a photocopier, postage meter or phone equipment into the Office or the executive suites without prior notice.
(5) place a display advertisement in the Yellow Pages, or any other telephone directory using any telephone
exchange assigned to Client by Licensor without Licensor's prior written consent, which consent may be
conditioned on payment of additional fees or other reasonable requirements that will defray the cost and
additional personnel deployment to handle such calls.
(6) sell any goods or perform any services (such as secretarial services, facsimile, telephone or copy services) in
competition with Licensor during the Term from within the Executive Suites.
NOTE: For many good business reasons, the AustinSuites staff is not permitted to socialize with clients; your
cooperation in this regard is appreciated.
III. LICENSOR'S COVENANTS.
A. Licensor agrees to:
(1) license the use of the Office to Client during the Term.
(2) furnish the Office with requested office furniture if so noted in the Additional Monthly Fees detailed in Exhibit A,
attached.
(3) furnish Client with 1 standard telephone(s), 1 local telephone line(s), 2 extension(s), and 0 data
(fax/modem) line(s), with standard receiving and local calling use, except for local message units, directory
assistance inquiries, automated calling, collect calls, operator assistance charges and other non-basic services,
which if allowed, shall be paid by Client.
(4) furnish Client with 1 internet connections on our T1 which is an "open environment." It is the Client's sole
responsibility to install up-to-date virus scanning software and/or a firewall to protect themselves against any
unwanted viruses or hackers.
(5) furnish, during normal business hours, the Services identified in the Summary of Basic Provisions, subject to
Licensor's reservation, use limitation, deposit and prepayment requirements.
(6) provide facsimile transmissions and receptions to the Client for a fee.
(7) provide air conditioning and heating at such temperatures and at such amounts as are considered by the building
owner to be standard office conditions for the building from 8:00 a.m. to 6:00 p.m. Monday through Friday, and
8:00 a.m. to 1:00 p.m. on Saturdays. There is no HVAC service for Sundays or Holidays. Therefore, any
additional hours will be billed at a rate of$45.00 per hour(with a 2 hour minimum charge) through the use of your
access card.
(8) return the Retainer or any remaining balance thereon, without interest, within 30 days after the end of the Term,
provided Client has performed all of the provisions of this Agreement and all client accounts have been
discharged.
B. Licensor reserves the right, but shall have no obligation to:
(1) make repairs or replacements, caused by the negligent or intentional acts of Client, to the Office or to rental
furniture, fixtures or equipment therein for Client's account, and Client will pay to Licensor all costs and expenses
to do so upon demand.
(2) collect in advance additional retainers, at Licensor's sole discretion, for long distance telephone, facsimile, word
processing or other secretarial services and to disconnect or discontinue Client's local, long distance and
facsimile service and all secretarial services in the event of late payment or failure to make a requested deposit.
(3) deduct any unpaid fees or costs from Client's Retainer.
(4) disconnect, discontinue or terminate all licenses and services provided hereunder if any payment due under this
Agreement is not paid in full when due or the Retainer is not replenished within 5 days of receipt of written
demand on Client to do so.
(5) refuse collect calls made to or by Client.
(6) increase the Basic Monthly License Fee if more than one person habitually uses the Office.
IV. GENERAL PROVISIONS
A. No Warranties. All licenses, services and facilities, including occupancy of the Office provided pursuant to the
Agreement are furnished without warranty. Client's sole remedy, and Licensor's sole obligation, for any failure to render
any service or provide any Office or facility, for any error or omission, or any delay or interruption with respect hereto is
limited to an adjustment to Client's billing in an amount equal to the charge for such service or facility or pro rata charge or
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any licensed use for the period during which the failure, delay or interruption continues. For example, if a telephone
message is improperly recorded, Client's billing will be reduced by an amount charged for one message unit. With the
sole exception of the remedy set out in the first two sentences of this Subparagraph, Client expressly agrees to waive and
agrees not to make any claim for damages, direct or consequential, arising out of any failure to furnish any service or
facility or breach or any license granted herein, or for any error or omission with respect thereto, or any delay or
interruption of the same. In any event, there will be no billing adjustment if Client is in default under this Agreement at the
time. Licensor shall not be responsible for the interruption of any services due to reasons beyond Licensor's control.
The provisions of the foregoing paragraph are in lieu of all other warranties, express or implied. Licensor makes no
warranty or representation of any kind concerning the condition of the Office or its fitness for the use intended by Client.
The parties understand that Client has personally inspected the Office and common areas; knows that they are in good
condition and repair; finds them fit for the Client's intended use; accepts them as it; and has ascertained that they can be
used for the purposes stated in, and limited by, this License.
B. Term. The term of this Agreement is as set forth in the summary of basic provisions, unless sooner terminated or
extended as herein provided. If Licensor is unable to deliver possession of the Office to Client at the commencement of
the Term, Licensor will not be liable for any resulting damage nor will this Agreement be affected; however, no Basic
Monthly License Fee shall accrue until Licensor delivers possession. All Monthly Fees will commence to accrue upon
commencement of the Term or sooner upon actual use by Client of any of such services. If Client wishes to renew,
extend the term, or terminate the agreement, Client shall give Licensor written notice 30 days prior to the end of this
Agreement, ending at the end of the calendar month. If Client does not so advise Licensor, then the Office and Services
Agreement may be discontinued, or continued, at Licensor's option, on a month-to-month basis, at the rates then
established by Licensor for similar agreements. Should the Agreement be discontinued and should Client continue in
possession without Licensor's prior written consent, (i) such possession shall be under the provisions of the Agreement,
(ii) Client shall be obligated to pay increased Basic Monthly License Fees and Monthly Fees for Fixed Services computed
at an amount equal to 25% times the rates then in effect until such possession is surrendered, (iii) Licensor shall be
entitled to exercise all remedies available to Licensor on account of such continued possession, and (iv) Client's obligation
to pay such increased fees shall be in addition and without prejudice to such remedies.
C. License. This Agreement does not create or constitute a lease. Client is granted a license, revocable for cause by
Licensor, to use the Office and the Other Facilities summarized above. Client shall have no real property interest in or
rights to assign or sublet the Office or Other Facilities. During the Term, Client is entitled to the services and use of
facilities, subject to the terms of this Agreement, including allowance limitations, deposit requirements and prompt
payment of charges. Allowances not used in any month may not be carried forward to use in succeeding months. Client's
license to occupy the Office and Client's right to the services and use of other facilities are subject to, (i) the provisions of
this license agreement pursuant to which Client occupies the executive suites, (ii) all rules and requirements of the
building in which the executive suites are located, and (iii) other reasonable rules and requirements established by
Licensor for the use of the executive suites. Licensor will have no responsibility to Client for violation of any provisions of
the License agreement or rules and regulations by any other client of Licensor.
D. Security. Client acknowledges that no security personnel will be provided at the executive suites and that the Licensor
has no control over any security measures provided by the building owner. Client agrees to take appropriate precautions
to protect against the potential loss of Client's property such as locking doors, desks and filing cabinets. Licensor shall
have no responsibility to prevent, nor have any liability to Client for losses due to theft, burglary, personal injury or
damages done by persons gaining access to the executive suites or the building or parking area, and Client hereby
releases Licensor from all such liability.
E. Abandonment, If Client vacates or abandons the office provided herein and is in default in payment of fees due under
this contract, or if he is dispossessed by process of law or otherwise, personal property belonging to Client and left at the
executive suites will be considered abandoned and Licensor may dispose of the same or, at Licensor's option, Licensor
may store it in Client's name, at Client's cost and without notice to Client. Licensor shall have no liability for removal,
storage, loss, damage or conversion of such property or for sale of any such property by a third party to pay storage and
moving fees.
F. Contractual Lien. All property in Client's office is subject to a contractual lien to secure payment of all fees due under
this contract. If Client's fees are delinquent, Licensor may peacefully enter Client's office and remove and store all
property subject to lien. All property found in the office is presumed owned by Client unless proven otherwise. Written
notice of entry will be left afterwards in the office in a conspicuous place, along with a list of items removed. The notice
will state the amount of delinquent fees and the person to contact regarding the amount owed,
G. Entry By Licensor. Licensor has the right at any time, without prior notice, to enter the Office to inspect, make repairs
and alterations, show the same to prospective clients, and for any other reasonable purpose.
H. Subordination. Client acknowledges and agrees that Client's rights under this Agreement are derivative through
Licensor's rights under its license agreement for the executive suites. Client further acknowledges and agrees that if and
when Licensor's control of the Executive Suites expires or is terminated, this Agreement may be terminated with sixty (60)
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days written notice. There is no agreement on the part of Licensor's building owner or any other person or entity to
recognize client's rights under this Agreement in the event of such a termination or to assume any of Licensor's
obligations with respect thereto; provided, however, that Client will attorn to Licensor's building owner in the event of such
a termination if requested in writing to do so.
1. Forwarding Address. Client is authorized during the Term to use the address of Licensor as Client's business
address. Client acknowledges that (i) Client has read and understands United States Post Office Form No. 1583, (ii) if
Client's use of this address ends, Client will notify all parties of Client's forwarding address. The USPS will not accept a
forwarding order from individual clients of Office Business Centers. When this Agreement terminates, Client's right to use
such address may still continue for a transition period not longer than 6 months, provided that Client pays $75.00/month
plus postage to have mail forwarded. Furthermore, Client understands and agrees that AustinSuites reserves the right to
relocate its operation under this Agreement.
J. Termination. If Client(i) does not fully pay any sum payable by Client to Licensor when it becomes due and payable,
or (ii) if Client fails to perform any of Client's other promises and does not cure such other failure to perform within 10
business days after delivery of written notice from Licensor, Licensor will have the right in addition to all other remedies
available, to terminate all of Client's rights and licenses under this Agreement or such of those rights and licenses as
Licensor designates in written notice. If his rights or licenses under this Agreement are terminated, Licensor may, after
complying with any applicable requirements of law, take possession of the Office and dispose of any property left behind.
Licensor shall have the right to change locks at any time while a default has occurred and is continuing in addition to all
other remedies hereunder. Upon any such action by Licensor, Client will remain liable for all obligations to pay for all
accrued charges, and to the maximum extent permitted by law, for all obligations which may subsequently accrue under
this Agreement.
K. Employment. Client agrees that during the Term and for six months thereafter, neither Client nor any entity,
partnership or joint venture owned or controlled by Client, will offer employment to or hire any of the employees of
Licensor. If this covenant is broken, Client will be liable to Licensor for damages in the sum of 25% of the annual
compensation of each employee involved, it being mutually agreed by Client and Licensor that this provision for liquidated
damages is reasonable and that the actual damage which would be sustained by Licensor as the result of a failure to
keep such promise would be impracticable or extremely difficult to ascertain.
L. Notices. All notices by Client or Licensor to the other must be in writing. Notices to Client will be considered given if
delivered personally to Client, or one of Client's officers, partners or trustees, as the case may require, or mailed by
express courier or certified first class mail, postage prepaid, addressed to Client at the Office, or such other address as
Client shall designate to Licensor in writing. Notices to Licensor will be considered given if personally delivered or mailed
by first class mail postage prepaid to Licensor at Licensor's address at the Office or such other addresses Licensor shall
designate to Client in writing.
M. Integration. This Agreement supersedes any prior agreement and embodies the entire Agreement between Client
and Licensor relative to its subject matter. It may not be changed except in writing signed by both Client and Licensor.
N. Applicable Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Texas.
O. Parties/ Gender. Whenever used in the Agreement, the word "person" or "Client" shall mean any natural person,
partnership, corporation, association or other legal entity, including without limitation, qualified pension and profit-sharing
trusts, as applicable. The use of the masculine, feminine or neuter gender also singular or plural tenses shall be
interchangeable to the extent that a reasonable and proper interpretation of this Agreement may be affected.
P. Waiver. The waiver by either party of performance of any term, covenant or condition contained in this license
agreement, or the subsequent acceptance of any payment by Licensor shall not be deemed to be a waiver of such term,
covenant or condition of this Agreement. Licensor reserves the right to strictly enforce this Agreement irrespective of
previous defaults or variance previously allowed by Licensor to Client or others.
Q. Damage Or Destruction Of Premises. If the executive suites are so damaged by fire or any other cause reasonably
beyond the control of either party as to render them untenable for more than thirty (30) days, as determined by the
Licensor, then either Licensor or Client shall have the right to terminate this Agreement, as of the date on which such
damage occurs, through written notice to the other party, without liability to the other. Except that should damage or
destruction occur as the result of the abuse or negligence of one party, or its licensees or invitees, then only the other,
non-culpable party shall have the right to termination.
R. Relocation of Business: Client understands and agrees that AustinSuites reserves the right to relocate its business
location under this Agreement. In the event AustinSuites moves its business, AustinSuites will provide to Client
comparable office space and/or services at its new location.
S. Construction Of Agreement. This agreement shall not be construed for or against either party because such party
was the drafter or for other reasons and shall in all cases be given a neutral interpretation.
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T. Guarantor. Intentionally Deleted
U. Authority. If an agent or representative of Client executes this Agreement on behalf of the Client, the signatory
represents that he has the full authority to bind Client to this Agreement.
V. Force Maieure Compliance Statement. In the event that performance by Licensor of any of its obligations under the
terms of this license shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by an act of
State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, that party
shall be excused from such performance for the same amount of time as such occurrence shall have lasted or such
period of time as is reasonably necessary after such occurrence abates for the effects thereof to have dissipated.
W. Entire Agreement. No oral promises, representations or agreements have been made by Licensor or any of
Licensor's representatives. This license and service agreement is the entire agreement between the parties. Licensor's
representatives (including management personnel and other employees or agents) do not have authority to waive, amend
or terminate this agreement or any part of it and do not have authority to make promises, representations or agreements
which impose duties of security or other obligations on Licensor or Licensor's representatives unless done in writing. No
action or omission of Licensor's representative will be deemed a waiver of any subsequent violation, default or time or
place of performance.
X. Non-Appropriation of Funds. The parties acknowledge that Client is a government entity under the laws of the State
of Texas and that funds for payment of any and all fees are appropriated by Client annually, for fiscal year periods
beginning October 1 and ending September 30 of each year. If funds are not appropriated by the Fort Worth City Council
to pay the fees for the current fiscal year, or for any subsequent fiscal year period during the Term or any renewal Term of
the Agreement, Client shall have the right to terminate this agreement on the last day of the fiscal year for which funds
have been appropriated to pay fees. Client shall give Licensor thirty (30) days written notice of non-appropriation of funds.
CLIENT: City of Fort Worth LICENSOR: AustinSuites Management Ltd.
By: By: .�-
Name. Charles W. Daniels Name: Christie Aldridge
Title: Assistant City Manager Title: General Manager
Date: Date: l
GUARANTOR: Not applicable
By:
Date:
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EXHIBIT A
AUSTINSUITES
A UNIQUE OFFICE EXPERIENCE
Client Information
SUITE# 1451 ACCOUNT# 2348 COPIER CODE 03980 MAILBOX# 1451 PHONE LD CODE 3980
PHONE# 512-334-6033 FAX# MODEM#
OFFICE OCCUPANT TJ Patterson 817-201-4779 TEXAS DL#
COMPANY NAME City of Fort Worth HOME ADD/PHONE#
BILLING ADDRESS 1000 Throckmorton St.
CITY/STATE/ZIP Fort Worth, Texas 76102
ACCTG. PHONE# 817-392-7504 ACCT EMAIL ACCTG. CONTACT Evonia Daniels
AGREEMENT DATES FROM 12/1/14 TO 8/31/15 START BILLING DATE MOVE-IN DATE
SPECIAL STIPULATIONS
LOBBY DIRECTORY(28 spaces per line) City of Fort Worth
411 DIRECTORY EMERGENCY CONTACT NAME & PHONE#
RETAINER DEPOSITS
RETAINER (One month's fixed fees) $ 2087.13 FIXED MONTHLY FEES
VALIDATED PARKING DEPOSIT $ LICENSE FEE (Rent) $ 1600.00
LONG DISTANCE DEPOSIT $ *FURNITURE RENT(Optional) $
DEPOSIT ON HAND $ *PHONE WITH VOICE MAIL ($125) $ 125.00
TOTAL DEPOSITS DUE $ 2087.13 *DATA LINE (Optional) ($40) $
*ON-SITE INTERNET ACCESS ($90) $ 90.00
ONE-TIME MOVE-IN FEES *PHONE DIR. LIST. (Optional) ($12.50) $
*PHONE WITH VM INSTALL ($135) $ 100.00 *CABLE T.V. (Optional) ($70) $ 70.00
*DATA LINE INSTALL ($135) $ BEVERAGE PACKAGE Optional) ($20) $
*INTERNET CONNECT/SETUP ($135) $ 100.00 OFFICE MAIL DELIVERY(Optional) ($30) $
*CABLE INSTALL ($100) $ 100.00 GUARANTEED SECRETARIAL ($50) $
*FURNITURE DELIVERY ($100) $ *CONT PKING- Lavaca Garage ($165) $ 165.00
*LOBBY DIRECTORY LISTING ($45) $ 40.00 OTHER $
*DIRECTORY LISTING SETUP ($60) $ *Sales Tax on 450.00 $ 37.13
*ACCESS CARD ($30) $ 25.00 Monthly Fixed Services Subtotal $ 487.13
*EXTRA KEYS ($6) $
*TOLL FREE SERVICE SETUP ($25) $ TOTAL FIXED MONTHLY FEES $ 2087:13
*APPLICATION ($50) $ 40.00
TOTAL PRORATED MONTHLY FEES $
*Sales Tax on $405.00 $ 33.41
TOTAL ONE-TIME MOVE-IN FEES $ 438.41 (_days at�_per diem)
DEPOSITS DUE $ 2087.13 Monthly Conference Room Time
ONE-TIME MOVE-IN FEES $ 438.41 Cost Per Additional Hour $ l5. yo
FIXED MONTHLY FEES— $ 2087.13 TOTAL Date
PRO-RATED MONTHLY FEES 12/15-31 $ RECEIVED Check#
TOTAL DUE WITH AGREEMENT $ 4612.67 Bank Account#
CLIENT: City of Fort Worth LICENSOR: AustinSuu'ites Management Ltd.
By: By:
Name: Charles W. Daniels Name: Christie Aldridge
Title: Assistant City Manager Title: General Manager
Date: Date:
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EXHIBIT B
AuSTINSUITES
A UNIQUE OFFICE EXPERIENCE
CLIENT PRICE LIST
For Secretarial and Additional Services
• WORD PROCESSING(taxable)($7.50 minimum)(keying,basic formatting,dictation,etc.).....................................................................$30.00/hour
Database,Spreadsheet,Enhanced Word Processing, Desktop Publishing...............................................................................................$30.00/hour
InputtingMailing List, per Name....................................................................................................................................................................$.50/each
• SECRETARIAL SERVICES($5.00 minimum)(typing,preparing packages,filing,errands,etc.)..............................................................$25.00/hour
Labels/Envelopes(5 or fewer-use time rate for six or more labels).............................................................................................................$.50/each
Completing Mailing Forms(Certified,Return Receipt Requested, Federal Express,Airborne, UPS,etc.)...................................................$4.00/each
• LASER PRINTING(taxable)(plus word processing time for revisions)Black&White................................................................................$1.00/page
Color................................................................................................$1.50/page
• RUSH CHARGE($5.00 minimum)(when your project requires us to put aside other client work)..............................................20%of project charge
• OVERTIME CHARGE($5.00 minimum)(when your project requires us to work after 5:00 p.m.)...............................................50%of project charge
• WALK-UP COMPUTER STATION(taxable)(30 minute minimum)...........................................................................................................$30.00/hour
(includes 128k high-speed,wide-band, unlimited internet access)
• COPIES(taxable)(plus secretarial time if completed by staff)....................................................................................................................$0.15/each
• FACSIMILE(taxable)(plus long distance,if applicable)Send or Receive...................................................................................................$1.00/page
• CONFERENCE ROOMS,GUEST OFFICE AND STUDY(after your six free hours).................................................................................$15.00/hour
• OFFICE SUPPLIES(taxable)We have a variety of small,frequently used items in stock in the business support center.
• TELEPHONE SERVICE(taxable)"
Telephone Line,Voice Mail,and Meridian Digital Speaker Phone(one-time installation charge of$135.00).........................................$125.00/month
Data Line/Fax or Modem(one-time installation charge of$135.00)........................................................................................................$40.00/month
PhoneScreening(f-2 people).................................................................................................................................................................$50.00/month
Phone Screening(additional people)..........................................................................................................................................$25.00/person/month
Telephone Directory Listing/411 Directory Assistance............................................................................................................................$10.00/month
Additional Voice Mail Boxes (one-time installation fee of$100.00).........................................................................................................$15.00/month
Additionalpersonalized answering .........................................................................................................................................................$25.00/month
T1shared access...................................................................................................................................................................................$90.00/month
• MAIL SERVICE
Outgoing Mail(mail submitted before 4:30 p.m.)...............................................................................................................Postage plus 20%carry fee
Incoming Mail(usually distributed by 2:00 p.m.Monday-Friday)..................................................................................................................No charge
MailForwarding: Once a month..............................................................................................................................................................$4.00/month
Twicea month..............................................................................................................................................................$8.00/month
Oncea week..............................................................................................................................................................$15.00/month
Twicea week.............................................................................................................................................................$25.00/month
Office Mail and Package Delivery...........................................................................................................................................................$30.00/month
• CABLE TV(taxable)47 Channel Cablevision(one-time installation charge of$80.00)...........................................................................$55.00/month
• PARKING(taxable)700 Lavaca Garage(parking structure across 81h Street) .......................$165.00/month
300 W.6`h Street Garage ............................................................................................................ $.......160.00/month
• CONTINUED SERVICE(after termination of your License Agreement)
MailService(receiving, holding for pickup)...............................................................................................................................................75.00/month
Telephone Service(answering calls,giving callers your new number,and transferring).......................................................................$150.00/month
Mailand Telephone Service Package...................................................................................................................................................$195.00/month
• MISCELLANEOUS
NotaryPublic.................................................................................................................................................................................$5.00 per signature
Witness.........................................................................................................................................................................................$4.00 per signature
Delivering Mail and Packages to Your Office..................................................................................................................................$3.00 per package
Packages-Received, Recorded and Notified by phone&mailbox............... ............................ ...............................................$.50 per package
UnlockingOffice Door.........................................................................................................................................................................................$1.50
CheckingMail.....................................................................................................................................................................................................$3.00
LCDProjector Use......................................................................................................................................................................................$65.00/day
'Includes State of Texas Telecommunications Infrastructure Fund Assessment as well as the Texas Universal Service Fund Fee.
(PRICES,SERVICES AND FACILITIES SUBJECT TO CHANGE WITHOUT NOTICE)
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EXHIBIT C
AUSTINSUITES
A UNIQUE OFFICE EXPERIENCE
700 Lavaca, Suite 1400 ♦ Austin, Texas 78701
BUILDING RULES AND REGULATIONS
1. The sidewalks, halls, entrances, lobbies, vestibules, elevators and stairways shall not be obstructed by Tenant or
used by Tenant for any other purpose than for ingress and egress from and to their respective offices. The halls,
entrances, elevators, stairways, balconies and roof are not for the use of the general public; and Landlord shall in
all cases retain the right to control and prevent access thereto of all persons whose presence in the judgment of
Landlord or its employees shall be prejudicial to the safety, character, reputation and interest of the Building and
its tenants.
2. No awnings or other projections may be attached to the outside walls of the Building. No curtains, blinds, shades
or screens may be attached to or hung in, or used in connection with, any window or door of the Premises,
without the prior written consent of Landlord. Any skylights, windows, doors or transoms which reflect or admit
light into any place in the Building shall not be covered or obstructed by any tenant.
3. No sign, advertisement or notice may be displayed, inscribed, painted or affixed on or To any part of the outside
or inside of the Building, or on or about the Premises, except on the walls adjacent to the doors of the Premises
and on the lobby directory board of the Building, and then only of such color, size, style and materials as shall be
first approved by Landlord. No"For Rent" signs may be displayed by Tenant, and no showcase, obstruction, sign,
flag, statuary or advertising device may be placed in front of the Building or in the lobbies or corridors thereof by
any tenant; Landlord reserves the right to remove all such items without notice to Tenant and at Tenant's
expense.
Landlord may prohibit any advertising by Tenant which, in Landlord's opinion, tends to impair the reputation of the
Building or its desirability as a Building for offices; upon notice from Landlord, Tenant will refrain from or
discontinue such advertising.
4. All entrance doors in the Premises will be locked when the Premises are not in use. No additional locks or bolts
of any kind may be placed upon any of the doors by Tenant, nor any changes be made in existing locks or the
mechanism thereof. Tenant shall not permit any duplicate keys to be made; if Tenant requires more than two keys
for any door or lock in the Premises, the additional keys must be obtained from Landlord and be paid for by
Tenant. Tenant will, upon the termination of its tenancy, return to Landlord all keys of offices, restrooms or other
areas of the Building, and in the event of the loss of any keys so furnished, Tenant will pay to Landlord the cost
thereof.
5. Landlord may retain a pass key to the Premises and be allowed admittance thereto at all times to enable its
representatives to examine the Premises from time to time. Landlord and its agents may enter the Premises at all
reasonable hours for the purpose of making any repairs or additions which it or they deem necessary for the
safety, preservation or improvement of the Premises or the Building and may take all material into the Premises to
make such repairs or alterations without such entry or taking constituting an eviction of Tenant; and the fixed
minimum and additional rents reserved will in no way abate while said repairs or alterations are being made.
Tenant will not be entitled to maintain a set-off or counter-claim for damages against Landlord by reason of loss or
interruption to its business because of any such work. If any work is at the request of Tenant to be done during
any hours other than ordinary business hours, Tenant will pay for all overtime.
6. Tenant shall not cause unnecessary labor to be expended by Landlord or its agents by reason of Tenant's
carelessness and indifference to the preservation of good order and cleanliness in the Premises and in the
Building. In order that the Premises may be kept in good state of preservation and cleanliness, Tenant shall,
throughout the Term, permit the janitor of Landlord to take charge of and clean the Premises. Landlord will furnish
janitorial service in the Premises only to the extent generally furnished by Landlord in the Building.
7. Ice, drinking water, towels, shoe shining, maintenance and vending services may be obtained by Landlord only
from persons or companies authorized by Landlord, and only at hours and under regulations established by
Landlord.
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8. Nothing shall be thrown or allowed to drop by Tenant, its employees or visitors out of the windows or doors, or
down the passages or skylights, of the Building. Tenant shall not sweep or throw, or permit to be swept or thrown
from the Premises, any dirt or other substances into any of the Building's corridors, halls, elevators or stairways.
9. No animals or birds, bicycles or other vehicles shall be kept in or about the Premises or be permitted therein.
10. No electric current may be used by Tenant unless furnished or approved by Landlord, nor may electric or other
wires be brought into the Premises except upon the prior written consent of Landlord. If Tenant desires additional
telephone connections or the installation of any other electrical or other wiring, and Landlord consents thereto,
Tenant's installers will introduce and run the wires as directed by Landlord. Without such directions, no placing,
boring or cutting for wires will be permitted.
Landlord shall in all cases retain the right to require the placement and use of protective electrical devices to
prevent the transmission of excessive currents of electricity into or through the Building, and to require the
changing of wires and/or their placement or arrangement as Landlord may deem necessary. Landlord shall have
the right to require compliance on the part of all using or seeking access to such wires with such rules as Landlord
may establish relating thereto. In the event of non-compliance with such rules, Landlord shall have the right to
immediately cut and prevent the use of such wires.
11. Tenant and its employees, agents and visitors may not at any time bring or keep upon the Premises any
inflammable, combustible or explosive fluid, chemical or substance.
12. Tenant and its employees, agents and visitors shall not go upon the roof of the Building without the prior written
consent of Landlord.
11 Tenant shall not cause or permit any unusual or objectionable odors to permeate from the Premises. Smoking of
any type, including but not limited to cigarettes, pipes and cigars, is not permitted in any area of the Building,
including but not limited to the Premises, restrooms, halls, lobbies, vestibules and stairways. Smoking is only
permitted by the ashtrays at the front of the building and at the loading dock at 7`" & Guadalupe. Smoking is not
permitted within 25 feet of a building entrance. Smokers please use the ashtrays and do not throw away your
cigarette butts on the grounds. Please keep the property clean.
14. Tenant shall have access to the halls, corridors, elevators and stairways in the Building and to the Premises
twenty four hours per day, 365 days per year, provided, however, that access to the Building may be refused
unless the person seeking admission is known to the watchperson in charge or has a pass or is properly
identified. Landlord shall in no event be liable in damages for the admission or exclusion of any person from the
Building. In case of invasion, mob riot, public excitement or other commotion, or in the event of an emergency,
Landlord reserves the right to prevent access to the Building during continuance of the same by closing the
Building doors or otherwise for the safety of the occupants and protection of property in the Building.
15. Safes, furniture, boxes or other bulky articles may be carried into the Building only with the prior consent of
Landlord, and then only by means as Landlord may direct. Landlord shall in all cases retain the right to prescribe
the weight, proper position and support of such heavy furniture or safes. Any damage done to the Building or to
other persons in connection with the taking of a safe or other heavy article into or out of the Building or the
Premises, from overloading a floor or in any manner will be paid for by Tenant.
16. Tenant shall not install or operate any boiler, machinery (excepting machinery customarily used in general offices)
or stove in the Premises, or carry on any mechanical business therein, or do any cooking therein, or use or allow
to be used oil, burning fluids, camphene, kerosene or anything for illuminating the Premises other than
incandescent, fluorescent or other electric lights. No article deemed hazardous because of fire or otherwise may
be brought onto the Premises.
17. Tenant may not mark, paint, drill into or in any way deface any part of the Premises or the Building. Tenant may
not lay tile, linoleum or other floor covering in direct contact with the floor of the Premises, without Landlord's prior
written consent.
18. Tenant and its agents, employees and visitors may not disturb the occupants of the Building or any adjoining
building or premises by the use of any musical instruments, unseemly noises, radio, television or in any other
way.
19. The Premises may not be used for lodging or sleeping, nor for any immoral or illegal purposes or for any purpose
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that will damage the Premises.
20. The Premises may not be used for manufacturing or for the storage or sale of property of any kind.
21. Canvassing, soliciting and peddling in the Building are prohibited and Tenant will cooperate to prevent them.
22. All equipment of any electrical or mechanical nature will be placed by Tenant in the Premises in settings that will
absorb or prevent any vibration, noise or annoyance.
23. No water cooler, air conditioning unit or system or other apparatus may be installed or used by Tenant in the
Premises without the prior written consent of Landlord.
24. No hand trucks, except those equipped with rubber tires and side guards, may be used in the Building for the
delivery or receipt of merchandise.
25. Landlord reserves the right to rescind any of these rules and to make such other and further rules and regulations
as in its judgment may from time to time be necessary, appropriate or desirable for the safety, care and
cleanliness of the Premises or the Building, or for the preservation of good order therein. When so made and
upon notice thereof to Tenant, any such other or further rules and regulations will be binding upon the parties
hereto with the same force and effect as if they had been inserted herein at the time of the execution hereof.
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PAGE INTENTIONALLY DELETEDI
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United States Postal Service
Application for Delivery of Mail Through Agent 1.Date 10/23/14
In consideration of delivery of my or our(firm)mail to the agent named below,the addressee and agent agree:(1)the addressee or the agent
must not file a change of address order with the Postal Service upon termination of the agency relationship;(2)the transfer of mail to another
address is the responsibility of the addressee and the agent;(3)all mail delivered to the agency under this authorization must be prepaid with new
postage when redeposited in the mails; (4)upon request the agent must provide to the Postal Service all addresses to which the agency transfers
mail;and(5)when any information required on this form changes or becomes obsolete,the addressee(s)must file a revised application with the
Commercial Mail Receiving Agency(CMRA).
NOTE:The applicant must execute this form in duplicate in the presence of the agent,his or her authorized employee,or a notary public.The agent provides the
original completed signed Form 1583 to the Postal Service and retains a duplicate completed signed copy at the CMRA business location.The CMRA copy of
Form 1583 must at all times be available for examination by the postmaster(or designee)and the Postal Inspection Service.The addressee and the agent agree to
comply with all applicable postal rules and regulations relative to delivery of mail through an agent.Failure to comply will subject the agency to withholding of
mail from delivery until corrective action is taken.
This application may be subject to verification procedures by the Postal Service to confirm that the applicant resides or conducts business at the home or business
address listed in boxes 7 or 10,and that the identification listed in box 8 is valid.
2.Name in Which applicant's Mail Will Be Received for Delivery to Agent. 3.Address to Be Used for Delivery Including ZIP+4
(Complete a separate Form 1583 for EACH applicant.Spouses may complete
and sign one Form 1583. Two items of valid identification apply to each City of Fort Worth
spouse.Include dissimilar information for either spouse in appropriate bor.) 700 Lavaca,Suite 1400
Austin,TX 78701
City of Fort Worth
4.Applicant Authorizes Delivery to and in Care of 5.This Authorization is Extended to Include Restricted Delivery Mail for the
(Name,address,and ZIP Code ofagent) Undersigned(s)
AustinSuites
700 Lavaca,Suite 1400
Austin,Texas 78701
6.Name of Applicant 7.Applicant Home Address(N:anber,street,city,state,and zip code)
8.Two types of identification are required.One must contain a photograph of 1000 Throclanorton St.
the addressee(s) Social Security cards,credit cards.and birth certificates are Fort Worth,TX 76102
unacceptable as identification.The agent must write in identifying information.
Subject to verification
a.
b. 10.Business Address(Number,street,city,state,and zip code)
City of Fort Worth
Acceptable identification includes:valid driver's license or state non-driver's 700 Lavaca,Suite 1400
identification card;armed:forces;government,university,or recognized Austin,Texas 78701
corporate identification card;passport or alien registration card or certificate of
naturalization;current lease,mortgage or Deed of Trust;voter or vehicle
registration card;or a home or vehicle insurance policy.A photocopy of your 11. Kind of Business
identification may be retained by agent for verification.
Government
12.If applicant is a Firm,Name Each Member Whose Mail Is to Be Delivered.(All names listed must have verifiable identification.A guardian must list the
names and ages of minors receiving mail at their delivery address)
13.If a CORPORATION,Give Names and Addresses of Its Officers 14.If Business Name of The Address(Corporation or Trade Name)Has Been
Registered,Give Name of County and State,and Date of Registration.
Warning:The furnishing of false or misleading information on this form or omission of material information may result in criminal sanctions(including fines and
imprisonment)and/or civil sanctions(including multiple damages and civil penalties,).(18 U.S.C. 1001)
15.Signature of Agent/Notary Public 16.Signature of Applicant(Ifftrm or corporation,application must be signed
by officer.Show title)
PS Form 1583 August 2000 This form on Internet at www.usps.com
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EXHIBIT D
AUSTINSUITES
A UNIQUE OFFICE EXPERIENCE
Unconditional Guarantee
AustinSuites is proud to offer our clients the following guarantee on License Agreements
of six(6) months or longer.
AustinSuites guarantees that our staff, and services provided, will be of
the highest professional standards, and that services will be performed
on a timely basis.
If, within the first sixty (60) days, any client is dissatisfied with the
performance of our staff, our services, or for any reason, and wish to
vacate the premises, we will, after 30 days written notification from the
Client to the center manager enumerating the reasons for dissatisfaction,
terminate the License Agreement, with forfeiture of retainer deposit.
Notice of dissatisfaction must be provided within the first sixty (60) days
after occupying the office(s).
This guarantee will remain in force only so long as all payments for rent and services,
including any late fees, are received in good fund by the center manager no later than the
5th of each month due, and final payments for rent and services are paid in full prior to
vacating the premises. If payment for rent and services are received after the 5th of any
month, this guarantee will no longer be in effect for the balance of the term.
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