HomeMy WebLinkAboutContract 26402 1 CITY SECRETARY r� j
i CONTRACT NO.
COMMERCIAL LEASE AGREEMENT
ARTICLE ONE:
1.01 DATE OF LEASE: OCTOBER 1,2000
1.02 LANDLORD: RICHARD L. HARTMAN
8345 EAGLE MOUNTAIN CIRCLE
FORT WORTH,TX 76135
1.03 CITY OF FORT WORTH
1.04 PROPERTY: APPX. 1,664 SQUARE FEET OF SPACE SITUATED AT
920 ROBERTS CUT OFFF
FORT WORTH,TX 76135
Legal Description: A part of Lots 7D&8A Forest Acres
Addition to the City of River Oaks,Tarrant County,TX.
1.05 LEASE TERM: 12 months, commencing on the I't day of October,2000,
and ending on the 300'day of September, 2001.
1.06 RENT: SIX-HUNDRED AND NINETY FIVE DOLLARS&FIFTY
CENTS($695.50)per month beginning on the
commencement date through 9/30/2001.
1.07 SECURITY DEPOSIT: NONE
1.08 LAST MONTH'S RENT PAYABLE IN ADVANCE: NONE
1.09 PERMITTED USE: SOCIAL SERVICES OFFICE
(see Section 4.01)
1.10 BASE YEAR FOR TAXES: NOT APPLICABLE
1:11 RENT TO BE PAID TO: RICHARD L. HARTMAN
8345 Eagle Mountain Circle
Fort Worth,TX 76135
1:12 DAILY LATE CHARGE: TEN DOLLARS AND NO/100($10.00)PER DAY
(See Section 3.02)
1:13 PRINCIPAL REALTOR: NONE
1:14 COOPERATING REALTOR: NONE
1:15 REALTORS COMMISSIONS: NONE
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ARTICLE TWO: LEASE AND LEASE TERM
2.01 Lease of Pro Landlord hereby losses the Pro o to Tenant and Tenant hereby leases the Property from Landlord for the eTe 1'
Property. Y P NY Y P rtY Less
stated in Section 1,05. As used herein,the"Commencement Date"shall be the date specified in Section 1.05 for the beginning of the Lease or •j , y'
2.02 Early Occupancy. If Tenant occupies the Property prior to the Commencement Date,Tenant's occupancy o1 the Property shall be wbJ
all the provisions of this Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. 'r I)
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•2.03 Holding Over. Tenant shall vacate the Property upon the expiration or earlier termination of this Lease. Tenant shall reimburse lot r,f.ftty>
and Indemnity Landlord against all damages incurred by Landlord Irom any delay by Tenant in vacating the Property. If Tenant does not vacate
Property upon the expiration or earlier termination of this Lease,Tenant's occupancy of the Property shall be a"month-to-month"tenancy,subject 4gAIIA,'
the terms and provislcns applicable to a month-to-month tenancy,except that the rent than in effect shall be Increased by fifty percent(50%).(�': ;''•:�'
ARTICLE THREE:RENT AND SECURITY DEPOSIT
3.01 Rent.Tenant agrees to pay rent lot the Propuny at the rota spocifiod in Section 1.06. Tenant shall pay the rent for the first and last(H ,
applicable under Section 1.08)months of the Louse Term upon the execution of this Lease. One monthly rental installment shall be due and payagls.en••1{y{I .
or before the same day of the second calendar month of the Lease Term as the Commoncomonl Date,and a like monthly installment shall be due and„ 4f `k
payable on or before the same day of each succeeding calendar month during the Lease Term. All rent shall be paid to the party designated In Sectio,�ljv_,rM
1.11 at the address stated herein for such party. y';y._;C•r.'
3.02 Late Charge. lt any rent due hereunder is not rucorved within live(b)days after its due date.Tenant shall pay the party named in Section i.11
above a late charge equal to the sum stated in Section 1.12 above for each day from its due date until such delinquent sum is received. The partiee''''j y •'
agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment 4•)r•+,`'.'j??f'l_f
3.03 Secure n execution hereof.Tenant shall doposit with the parry named in Section 1.11 above a cash Securf Rtrf111 sum�p
stated in Section 1.07. Landlord may app y e Security Deposit to any unpaid rent or other c in anent or to cure any other'. L•
defaults of Tenant No interest shall be paid on thu Security Deposit urrod to keep the Soeurity Deposit separate from its other,/: 4
accounts and no trust relationship Is created with res e n Deposit. Upon any torminase not resulting from Tenant's defou�L��/!�/��',
and after tenant has vacated t to mannor required by this Lease.Landlord shall rofund the unused portion of e sit to, ?✓ -
Ton
ARTICLE FOUR: USE OF PROPERTY
4.01 Permitted Use. Tenant may use the Property only lot the Permitted Use stated in Section 1.09. ,•yr;{, ��'';
4.02 Compliance with Law. Tenant shall comply with all governmental laws,ordinances and regulations applicable to the use of the Propertyy and;''A.
';^a
shall promptly comply
p p y ply with all governmental orders and directives for the correction,Prevention and abatement of nuisances on or upon,or connaoted;:^.:�
with the Property,all at Tenant's sole expense. "5 F
4.03 Signs. Without the prior written consent of Landlord,Tenant shall not place or affix any signs or other objects upon or to the Properly,',{.�i;,f� �i�',•s''
Including but not limited to the roof or exterior wally.of the building or other improvements thereon,or paint or otherwise deface said exterior walls.
signs installed by Tenant shall conform with applicable laws and dead and other restrictions. Tenant,shall remove all signs at the termination of this. ?'"'ri`<•_
Lease and shall repair any damage and:.lose any holes caused or revealed by such removal.
4.04 Utilities. Tenant shall pay the cost of all utility sorvicos,including but not limited to initial connection charges,all charges for gas,water and
electricity used on the Property,and for all electric lights,lamps and tubes. f'
7
4.05 Landlord's Access. Landlord and its authorized agents shall have the right,during normal business hours,to enter the Property and any v
buildings and other improvements thereon to view,inspect,repair or show the Property. Landlord shall attempt to advise Tenant pf the intent of Land-
lord or fes authorized agents to enter the property.
4.06 Interruption of Service. Interruption or curinihnunt of uarvicos furnished to tho Property,if caused by strikes,mechanical difficulties,or ariy-+%i;t e i
cause beyond Landlord's control,whothor similar or dissimilar to those enumerated,shall not onthle Tenant to any claim against Landlord or to any
abatement in rent,nor shall the same constitute constructive or partial eviction,unless Landlord fails to take such measures as may be reasonable lhifte';.,U,',;-.;
circumstances to restore the servico without undue delay. 11 the premises are rendered Ontonantable in whole or in part for fifteen(15)business days d,`••;;• "'
because of such interruption or curtailment of services(other than caused by any act or omission of Tenant or its invitees,employees or eustomen)
there shall be a proportionate abatement of rent during the poriod of such untenentability, s•.; '_s-'
4,07 Exemptions from Liability. Landlord shall not be liable for any damage or injury to the person,business(or any loss of income therefrom);i`,• •,3`<''
goods,wares,merchandise or other property o1 Tenant,Tenant's employees,invitoes,customers or any other person in or about the Property,whether;+
such damage or injury is caused by or results from:(a)fire,steam,electricity,water,gas,or rain;(b)the breakage,leakage,obstruction or other defects
of pipes,sprinklers,wires,appliances,plumbing,air conditioning or lighting fixtures or any other cause;(c)conditions arising on or about the Property
or upon other portions of any building of which the Property is a part,or from other sources or places;or(d)any act or omission of any other tenant o1
any building of which the Property is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means of rxk+.�j� t
repairing such damage or injury aro not accessible to Tenant. The provisions of this Section 4.07 shall not,however,exempt Landlord from liabflfty
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Landlord's gross negligence or willful misconduct. �r
#:.
ARTIIX.E FIVE: MAINTENANCE,REPAIRS AND ALTERATIONS
5.01 Acceptance of Premises. Tenant acknowtodgos that Tenant has fully inspected the Property. Tenant hereby accepts the Property and the,sp -'.r,.
buildings and improvements situated thereon,as suitable for the purpose for which the same are leased,in their present condition(including all latent
or environmental defects or risks),with such changes therein as may be caused by reasonable deterioration between the date hereof and the
mencement Date;provided that Landlord agrees to 1a1 repair promptly any presently installed plumbing.plumbing fixtures,electrical wiring,lighting fix•:i•�,;
tures,air conditioning or heating equipment or doors that are not in good working condition on the Commencement Data of which Tenant delivers" •r.
ver *h
written notice to Landlord within thirty days attar the Commencement Date;and(b)make any additional repairs and alterations necessary lot Tenant to:•..' :,
obtain a Certificate of Occupancy from the municipality in which the Property is located,except for those repairs and alterations required solely because,�Ye
of the nature of Tenant's business. Landlord expressly disclaims and Tenant waives any and all warranties(including the warranty of suitability),repro ,#s "
sentations and obligations of Landlord or Landlord's agents that are not expressly stated herein. Y
S.02 Maintenance and Repairs by Landlord. Landlord shall at its expense maintain only the roof,foundation,ynderground pipes,elf Outgl'i0l I b
plumbing and the structural soundness of the exterior wall(excluding all windows,window glass,plate glass,and all doors)of the Improvements,. the
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Properly in good repair and condition,except for reasonable wear and tear and any damage caused by the act or omission of Tenant,or Tenant'
Invitees,employees or customers. Tenant shall give immediate written notice to Landlord of the need for repairs or corrections and` fid ajl y.t
proceed promptly to make such repair or corrections.
5.03 Maintenance and Repairs by Tenant Tenant shall at its expense and risk maintain all other parts o1 the improvements on the Propeiiy.rty�x,fi
good repair and condition,Including but not limited to repairs(including all necessary replacements)to the Interior plumbing,windows,window glaaartir
plate glass,doors,hosting system,air conditioning equipment,fire protection sprinkler system,elevators,and the interior of the said improvsm?04t$lix%Y
general;
Provided,however,that if Tenant occupies a portion of a multi-tenant building,than Tenant shall not havo,to mellntslln
Cliothe lanciscaping,areas areas,outside paving or railroad siding,if any. In the event Tenant should neglect reasonably to maintain the.demise i h
premises,Landlord shall have the right(but not the obligation)to cause repairs or corrections to be made and any reasonablecosts therefor eFy(I b�
s¢ :; payable bronant to Landlord as additional rental on the next rental payment due date. Upon termination of this Lease,Tenant shall(fell yw uF the
Property in good repair and condition,reasonable wear and tear,and damage by fire,windstorms or other casualty excepted.'Tenant shall to,
• damage tweed by Tenant's act or omission,or the act or omission of Tenant's invitees,employees or customers. r<:.. ;
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5.04 Alterations. Tenant shall not create any openings in the roof or exterior wall,or make any alterations,additions or improvements to the-;: F.
Property without the prior written consent of Landlord. Consent to nonstructural alterations,additions or improvements shall not be unregsonebl�
. at'
withheld by Landlord. Tenant shall have the right to erect or install shelves,bins,machinery,air conditioning or heating equipment and trade fxtures,,Ayl
provided that Tenant complies with all applicable govermental laws,ordinances and regulations. At the expiration or termination of this Lease,Tanant :Yf
shall,subject to the restrictions of Section 5.05 below,have the right to remove such Nems so installed by it,provided Tenant is not In default st the tams.df#;.'
of such removal and provided further that Tenant shall,at the time of removal of such Nems,repair in a good and workmanlike manner any damage',.;l 0:
caused by installation or removal thereof. Tenant shall pay for all costs incurred or arising out of alterations,additions or improvements In or to theZ :: ;,j':,E
t:(,
Property and shall not permit a mochanic's or materiatman's lion to be asserted against the Property.
5.05 Conditlon Upon Termination. Upon the termination of this Lease,Tenant shall surrender the Property to Landlord,broom clean and In lite
same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Laate,
Howsver,Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article Five. In addition,Landlord may require f b'.
Tenant to remove any alterations,additions or improvements(whether or not made with Landlord'a consent)prior to the terminstlon of this Leaee,and to ;
restore the Property to its prior condition,all at Tenant's expense. All alterations,additions and improvements which Landlord has not ra ulred Tenant`r`Y'
P rtY P P P q
to remove shad become Landlord's property and shull be surrendered to Landlord upon the termination of this Lease. In no event,however,shell` �y
Tenant remove any of the following materials or equipment without Landlord's prior written consent:any power wiring or power panels;fighting oS jct.ltd'�e
tr
lighting fixtures;wall coverings;drapes,blinds or other window coverings;carpets or other floor coverings;heaters,air conditioners or any othet.-�,;:��
heatingor air conditioning equipment;fencin or security
gp ty gates;or other similar building operation equipment and decorations.
ARTICLE SIX: INSURANCE AND INDEMNITY i 1t f
6.01 Property insurance. Tenant shall not keep anything upon the Property,or do anything In or about Property except the usage specified•hereiri; z '
which will increase the rates for fire and standard extended coverage insurance upon the building or buildings which are a part of the Property.'Tenant;fwy,
agrees to pay on demand any Increase in insurance premiums that maybe charged to Landlord during the term of this Lease resulting from ad I
from the usage specified herein or from any other cause within Tenant's control. Tenant shall be responsible for maintaning Insurance on Ten
equipment and other personal property located on the Property. ;++•'t5`,?3i
6.02 Liability Insurance. During the Lease Term,Tenant shall maintain a policy o1 comprehensive public liability insurance,at Tenant's expenaa,?,'!r.:'.
Insuring Landlord against liability arising out of the ownership,use occupancy or maintenance of the Property. The initial amount o1 such Insurance::;_�i,
shall be at least$1,000,000.00. Such policy shall contain a provision which prohibits cancellation or modification of the policy except upon thirty(30� # !j
days prior written notice to Landlord.Tenant shall deliver a copy of such policy or certificate(or a renewal thereoQ to Landlord prior to the Commence.
t'.,•;:
ment Dale and prior to the expiration of any such policy during the Lease Term. ',;r.
A'oT wirh'STA,UpiM45 TNF 19A0Vf, 7--k-NWA,7- /YIID�r E LECT 7-0 LF-F-1,;VVA?E
f!(r,OiNST 9Nr 4i76J[•ir AAWWw$ —r Of LtrlAeu#w,r/fF�OCCaPANl1 m4 /11A%N7-FKNaC[= er T.arF Pao r f�j tt``;._��.
6.03 Indemnity. Tenant hereby agrees to indemnify Landlord and hold N harmless from any loss,expense or claims arising out•of any InJury,
persons or damage to property on or about the Property or any adjacent area owned by Landlord caused by the negligence or misconduct of Tartytt Its,'
employees,subtenants,licensees or concessionaires or any other person entering the Property under express or implied invitation of Tenant,or arising
out of the use of the Property by Tenant and the conduct of its business therein,or arising out of any breach or default by Tenant In the perform"O.Oli.;`•
its obll atlons hereunder. Tenant shall not be liable for an injury or damage caused b the negligence or misconduct of Landlord,or its,em �r' t
g Y� 1 ry 9 YRI?1!e�j}
agents,and Landlord agrees to indemnity Tenant and hold N harmless from any loss,expense or damage arising out of such damage or Injury_
6.D4 Waiver of Subrogation. Landlord and Tenant each hereby waive any and all rights of recovery against the other,or against the officers,
to see,agents or representatives of the other,for loss of or damage to itsproperty,
p y g p g or the property of others under its control,N such loss or damage
covered by any insurance policy in force(whether or not described in this Lease)at the time of such loss or damage;provided,however,such
made only on the condition that N does not adversely affect the right of the Insured to recover under the applicable insurance policy or pollctsa.,•Up4ri. >?gg/f
obtaining the policies of insurance described in this Lease,Landlord and Tenant shell give notice to the insurance carrier or carriers of the foregoing. ; Ri'
mutual waiver of subrogation and shall cause such insurance policies to be properly endorsed,N necessary,to prevent the invalidation of the Insurance•'
coverage by reason of such mutual waiver.
ARTICLE SEVEN: ASSIGNMENT AND SUBLET-ri.NG
Tenant shall not assignd this agreement or sublet the promises,or any partthereof without the consent of the Landlord in writing,which consent 1;M01otY1(:
agrees N will not unreasonably withhold,but no assignment or subletting shall release Tenant from any obligations hereunder,
c.
ARTICLE EIGHT: DAMAGE OR DESTRUCTION `-^` ,�v��a
In the event the building or other improvement situated on the Property are partially damaged or destroyed or rendered partially untN for occupancy
fire or other casualty,Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore such building or other im
ltY 9• Y P 9 g P ..
menta to substantially the same condition as immediately prior to the occurrence of the casualty.Such repairs shall be made at Landlord's expense
r
unless due to the act or omission of Tenant or Tenant's invitees,employees or customers. Landlord shall allow Tenant a fair reduction of rent duringy
time such building or other improvements are partially unfit for occupancy. N the building or other Improvements situated on the Property are totally a';�;ets.C.i:
destroyed or deemed by Landlord to be rendered unfit for occupancy by fire or other casualty,or N Landlord shall decide not to repair or rebuild,thts3;{`,': I-
Lease shall terminate and the rent shall be paid to the data of such casually. ii;•'%!R,��a ..";
4 ARTICLE NINE:DEFAULT AND REMEDIES r
0.01 d Default The following events shall be doomed to be events of default under this Lease: I V.
a Failure of Tenant to pay any installment of the rent or other sum payable to Landlord hereunder on the date that same Is due and sued„,�:
e failure shall continue for a period of five(5)days;
b. Failure of Tenant to comply with any term,condition or covenant of this Lease,other than the payment of rent or other sum of m0nry;
4 such failure shall not be cured v%hhin thirty(30)days after written notice thereof to Tenant;
• � .rlW��d ':tom,'
` c. Tenant shall make an assignment for the benefit of creditors;
d. Abandogmont by Tenant of any substantial portion of the Property or cessation of the use of the Properly for the purpose bue4''
r_ e r ,tl•r�1,,`i�•�";;p 02 . Remedies. Upon the occurrence of any of the events of default listed in Suction 9.01,Landlord shall have the option to pursue any}pn40fl',IY',�sti
more of the following remedies without any notice or demand whatsoever: '" 3 1" .t
a. Terminate this Lease,in which avonl f enunt shall immediately surrender ilia Properly to Landlord. if Tenant fails to so surrender tweh }t
promises.Landlord may,without prejudice to any ether remedy which it may have lot possession of the Property or arrearages In
upon and take possession of the Property and expel or remove Tenant and any other parson who may be occupying such promisw
part thereof. Landlord may hold Tenant liable for all rent and other indebtoduass accrued to the date of such termination,plus,as Uquld +3
damages and not as a penalty,an amount equal to the than ptusunt value of ront provided for hereunder for the remaining portion
Lease Term(had this Lease not boon fulminated)using"tun(10%)percent value discount lactor. In the event Landlord elects to teirminat�', R ti e
this Lease by reason of an event of default,in liou of recovering from Tenant under the preceding sentence,Landlord may hold Tenant Mable„,•,i•`,
for the amount of all loss and damage which Landlord may suffer b reason of such termination,whether through Inability to relet this P o
9 Y Y g �Y f i�!�yC•!`
on satisfactory terms or otherwise. ' .t..
A .+
b. Enter upon and take possession of the Property without fulminating this Lease,and expel or remove Tenant and any other person
may be occupying such premises or any part thereof. Landlord may relet the Property and receive the rent therefor. Tenant agrees to
Landlord monthly or on demand from time to time any deficiency that may arise by reason of any such reletting. In determining the argount
such deficient the brokerage commission,attorne s foes,remodeling expenses and other costs of r lotlin shall be subtracted from ti�a,:'.""`a)T
bra.- Y, g Y 9 P P 0 ;• ;.:M,w
amount of rent received under such reletting. "
o. Enter upon the Property without terminaling the Lease,and do whatever Tenant is obligated to do under the terms of this Lease,TensM
agrees to pay Landlord on demand for expanses which Landlord may incur in thus effocting compliance with Tenant's obligations undo[
t
Lease,together with interest thereon at the rate o1 hvalva(12%)percent per annum from the date expended until paid. Landlofd shah
liable for any damages resulting to Tenant from such action,whother caused by negligence of Landlord or otherwise.
d. Tenant is presumed to have abandoned the Property if Tenant's goods,equipment,or other property are removed from the Property Jn ari.r"! >J,
'?>F,r•;
amount substantial enough to Indicate a probable intent to abandon the Property and such removal Is not within the normal course of,�r;`.i•r I
Tenant's business. In the event that Tenant is resumed to have abandoned the Property,Landlord me remove and store
P P rty, Y any Propefty;qt}}•�,� '!,
Tenant that remains on the Properly. Landlord may store such property at any location sa)isfactory to Landlord. Landlord may diepoM
such stored property after the expiration at sixty(60)days from the dote such property Is so stored.Landlord shall deliver by certified mail tpi�Cs:
Tenant at Tenant's last know,*-Adress as shown by Landlord's records a notice staling that Landlord may dispose of Tenant's properf�;j f
Tenant does not claim the some wi—in sixty(60)days abet the date the property was stored.
o. In the event Tenant is in default under this Louse by reason of Tonant's failure to pay`rent as set forth above,then Landlord
Landlord's option,change all door locks and leave u written notice on a door to Tenant's leased promises staling the name and addrou,pr
telephone number of the individual from whom a now key can be obtained during Tenant's regular business hours,which are defined foFth4 is
purpose as being between 9:00 a.m.and 5:00 p.m.on Monday through Friday of each weak. ':• """
Tenant hereby waives the three(3)days written notice to vacate required by Texas Property Code Section 24.005 and agrees that
day written notice to vacate is sufficient for purposes of Texas Property Code Section 24.005 and the filing of a Forcible Entry and
lawsuit
Upon the occurrence of any of such events of default.Landlord may enter upon and lake possession of the Properly by force,If necessary;
without being liable for prosecution of any claim lot damages therefor, Pursuit of any of the foregoing remedies shall not preclude pursuh
an of the other remedies herein provided or an other remedies 'rovided b law,not shall pursuit of an remedy herein
Y P Y P Y P Y Y provided eonstitutei
1 a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of
terms,conditions and covenants herein contained.
;.47
ARTICLE TEN: REALTOR'S COMMISSIONS
10.01 Amount and Manner of Payments of Lease Commissions: Landlord agrees to pay to the Principal Realtor®a commies)on for negotiatl[lyltha: , ;
Lease equal to the percentage staled in Section 1.15A of the total rent to become due to the Landlord during or because of(1)the Lease Term;Q)aachA '
period o1 occupancy of the Property by Tenant,its affiliates,successors or assigns,beyond the Lease Term,whether such continued occupancy be; N 1y,
caused by renewal,extension,holding over,new lease or agreement or otherwise and whether upon the same or different terms,conditions of cove.' f
narks o1 this Lease;(iii)any expansion,lease extension,renewal or other rental agreement with Landlord,its affiliates,successors or assigns,dsmis)gg'^•gt?A!
to Tenant,he affiliates,successors or assigns,any promises located on or constituting all or part of any tract or parcel of real property adjoining, *.
sdJacent to or contiguous to the Properly. Said lease commission shall be paid in accordance with Suction 1.15A. If the lease commission is payable In--,,
f •,�
cash under Section 1.15 A(i),the lease commission for any continued occupancy or expansion,as provided above,shall be payable in cash for thn`�-.;:.<'
entire term of any such continued occupancy or expansion at the beginning of such term and at the beginning of any subsequent term. .;-j>aa;a°',';'•:
10.02 Commission on Purchase. In the event Tenant,its affiliates,successors or assigns.should purchase the Property YBurin the
for
of this ''t '
Lease(as the same may be renewed or extended)and for a period of one hundred twenty(120)days after Tenant,its affiliates,successors or
vacates the Property,Landlord shall pay to the undersigned Principal RealtorS a solos commission in cash equal to the percentage stated in$erMion tt'. 'r'
1.158 of the purchase price payable at the closing. Upon fha closing of such sale,the lease commission payments shall terminate d the(ease commis- ,.
cion Is payable in installments In accordance with Section 1.15A(i);or,in the event the lease commission is payable in cash in accordance with Section
1.15 A Q),Landlord shall receive a credit against the sales commission equal to the total lease commission paid by Landlord to the Principal Reanonl1i,
multiplied by the unexpired percentage of the Lease Tai in as of the date of such closing.(In the event the Principal Realtor®is paid a lease commission
}t0_:a
In cash in accordance with Section 1.15A(ii)for any continued occupancy beyond the Leese Term or expansion,such credit shall be equal to. 9%tq �
le commission paid for such continued occupancy or expansion multiplied by the unexpired parceptage o1 the term of such continued.occ X a
b.
expansion as of the date of such closing). i r
10.03 Protection of Realtors®.N Landlord sella the Property,
or assigns Landlord's interest in this Leese,the buyer or assignee shell,by'agcaPtininp'�;"( �'
such conveyance of the Property ur assignment of the lease,be conclusively deemed to have agreed to make all payments to Principal Realtorsla;
thereafter required of Landlord under this Article Ten. Principal Reaftor®shall have the right to bring a legal action to enforce or declare rlghtt prjdtt, 3
?i=
this provision. The prevailing n r
p p g party in such action shell be entitled to reasonable attorneys fees to be paid by the losing party. This aocli9n itfl�l{cluds
. t i'X� `
In this lease for the benefit of Principal Realtor®. r�!' �' itF
10.04 Realtor's Lien. The Principal Realtor®is hereby granted a lion against the Property to secure payment of all commissions pay I* arth(
Article Ten(including any additional commissions which may hereafter become payable by reason of renewals,new looses,rental agreer�rents} IdN o
otherwise). This lien is subject to the rights of Tenant under this Lease,but prior and superior to an liens hereafter created against Prop fir'
1 fl P P Y fl Pe��, �
excepting:nly liens in favor of banks,insurance companies,savings and loan association*and similiar regulated financial institutions Is.cur(h
:r Indebtedness Incurred for the purpose of acquiring the Properly or constructing,repairing,rebuilding or remodeling buildings and other 1 proVemanti�
: • thereon,to all of which liens the lien hereby created shell be subordinate and interior.
•' 10.05 Payment to Principal Realtor®. Landlord shall be liable for paymentof all commissions to Principal Realtor®only,whereupon
protected from any claims from any Cooperating Realtor&or broker.
ARTICLE ELEVEN: CONDEMNATION " ~;
Landlord shall notifyTenant N Landlord receives notice of an Property or portion thereof. N all or an
y potential condemnation of the Pro p y
Property is taken under the power of eminent domain or sold under the threat of that power(all of which are called"Condemnation'l,this Leau shall• :_.
terminate as to the part taken or sold on the date the condemning authority lakes title or possession,whichever occurs first. If mors than 20 percent: :f +
(20%)of the floor area of the buildingin which the Property is located,or which is located on the Property, 'ff'`'"
' p rty is taken,either Landlord or Tenant miy
terminate this Lease as of the dale the condemning authority takes title or possession,by delivering written notice to the other within ten(10)do:6 akar;x!
receipt of written notice of such taking(or in the absence of such nmice,within tan(10)days after the condemning authority takes possession), q• ";.i '
neither Landlord nor Tenant terminale*this Lease,this Lease shall remain in effect as to the portion of the Property not taken,except that the rent shall
be reduced in proportion to the reduction in floor area of the Property. Any Condemnation award or payment shall be distributed in the following ordsr:,
(a)firal,to any ground lessor,mortgagee or beneficiary under a deed of trust encumbering the Property,the amount of Its interest in the Property, '
second,to Tenant,only the amount of any award specifically designated for loss of or damage to Tenant's trade fixtures or removable personal i
property;and(c)third,to Landlord,the remainder of such award,whether as compensation for reduction in the value'bf the leasehold,the taking of,the.?.'e
fee,or otherwise. N this Lease is not terminated,Landlord shall repair any damage to the Property caused by the Condemnation,except that Landlord;;y`%
shall not be obligated to repair any damage for which Tenant has been reimbursed by the condemning authority.N the severance damages receive d;by,:
e.
Landlord are not sufficient to pay for such repair.Landlord shall have the right to either terminate this Lease or make such repair at Landlord's'oXpanss i.
ARTICLE TWELVE: TAXES r.'
12.01 Payment by Landlord. Landlord shall pay the real estate taxes on the Property during the Lease Term.
12.02 Payment by Tenant. Tenant shall pay the party named in Section 1.11 above,as additional rental,the excess,N any,of the real estate
on the Property for any year during the Lease Term over the real estate taxes on the Property for the base year stated in Section 1.1 D. Tenant tft}JI
such payment within fifteen(15)days after receipt of a statement showing the amount and computation of such increase. Tenant shall be to*pon;Ible,' 8
for the pro-rate 1
p portion o1 such additional rental for any tractional part of a year preceding the end of the Lease Term,which prorated sum shah be dy0 ?'
and payable upon the termination of this Lease. N the termination o1 this Leese occurs before the tax rete is fixed for the particular year,the proiation•`; #
shall be upon the basis of the tax rete for the preceding year applied to the latest assessed valuation,and notwithstanding the termination of this Leaser
any difference in the actual real estate taxes for such year shall be adjusted between the parties upon receipt of written evidence of the paymentthore
of
12.03 Joint Assessment. N the Property is not separately assessed,Tenant's share of the real estate taxes payable by Tenant under Section?12.02
shall be determined from reasonably available information. Landlord shall make a reasonable determination of Tenant's proportionate share o}iuch
real estate taxes and Tenant shall pay such share to Landlord within fifteen(15)days ager receipt of Landlord's written statement'
12.04 Contest by Tenant Tenant may,at its own expense,contest any tax or assessment for which Tenant may be wholly or partially responsible:
Except as hereinafter provided,Tenant need not pay the tax,assessment or charge during the pendency of the contest and Tenant may prevent',
Landlord from paying any tax,assessment or charge that Tenant is contesting pursuant to this section 12.04,pending any resolution of thgo It
depositing with Landlord,before such tax,assessment or charge becomes delinquent,Tenant's portion of the full amount of the tax or assessment,'plugs'
the full amount of any penalty that might be imposed for failure to make timely payment and six(6)months of interest at the rate Imposed by the onlily'`V'
s levying the tax or assessment Upon final resolution of the tax or assessment contest,Landlord may use the money deposited by Tenant to pay.Tab',
ant's portion of an tax or assessment,plus the full amount of an .v..
po y p y penalty or Interest,duo under the final resolution,and Tenant shall receive ih� ;4
balance of the deposit,N any. N the deposit is insufficient to pay these amounts,Tenant must immediately pay such insufficiency to Landbrd. NolwlUlj� 3
standingthe foregoing,landlord may
g g, y pay,or require Tenant to pay,any tax,assessment or charge,or any portion thereof,for which Tenant b rispothz•
slble under this Article Twelve,pending resolution of Tenant's contest of the tax,assessment or charge,if payment is demanded by a hot or
of
mortgage on the property,or N failure to a will subject all or art of the Property to forfeiture or loss. Landlord reserves the right to contest
pay 1 P P rtY fl
assessment or charge on the Properly.
ARTICLE THIRTEEN: LANDLORD'S LIEN •' 10
In addition to the statutory landlord's lien,Tenant hereby grants to Landlord a security interest to secure payment of all rent and other sums of money
becoming due hereunder from Tenant,upon all goods,wares,equipment,fixtures,furniture and other personal property of Tenant situated In or upon
the Property,together with the proceeds from the sale or lease thereof. Such property shall not be removed without the consent o1 Landlord until all
arrearages in rent and other sums of money then due to Landlord hereunder shall first have been paid and discharged. Upon request by Landlord;
. °Y.• i
.,:;,"-:., :..
Tenant agrees to execute and deliver to Landlord a financing statement in form sufficient to perfect the security interest of Landlord in the aforemars
boned property and proceeds thereof under the provisions of the Uniform Commercial Code in lorce in the State of Texas.
P Pe�Y P P
E
.J. PARTICLE FOURTEEN: SUBORDINATION,ATTORNMENT AND NON-DISTURBANCE I t +
14.01 Subordination. Landlord shall have the right to subordinate this Lease to any ground Lease,deed of trust or mortgage encumbering tits ;
Properly,and advances made on the security thereof and any renewals,modifications.consolidation&,replacements or extensions thereof,wha Ar-4 ,
made or recorded.However,Tenant's right to quiet possession of the Property during the Lease Term shall not be disturbed if Tenant pays the rent an �g;,f i
performs all of Tenant's obligations under this Lease and is not otherwise in default. If any ground lessor,beneficiary or mortgagee elects to
x' Lease pilot to the Ilan on its ground lease,deed of trust or mortgage and gives written notice thereof to Tenant,this Lease shall be deemed pr(oi toiucf) 1 ri
ground lease,deed o1 trust or mortgagee whether this lease is dated prior or subsequent to the date of said ground lease,deed of trust or molt or.
the date of recording thereof. - (I r 1 F'•�� I'(
l a,s3c)f H
•'tl.'"
14.02 AttornmenL If Landlord's interest in the Property is acquired by any ground lessor,beneficiary under a deed of trust,mortgage o'
PV rCfieser e
`
at a foreclosure sale,Tenant shall attorn to the transferee of or successor to Landlord's Interest in the Property and recognize such transferee
4r3" s'
successor as Landlord under this Lease. Tenant waives the protection of an stv:.rte or rule of law which gives or purports to give Tenard ri f
P Y 0' P P 0 a"Y .Q� ,�
terminate this Lease or surrender possession of the Property upon the transfer of Landlord's interest t'?�
14.03 Signing of Documents. Tenant shall sign and deliver any instruments or documents necessary or appropriate to evidence any such NtOmo.
ment or subordination or agreement to do so. If Tenant fails to do so within ten(10)days after written request,Tenant hereby makes,constkutee
Irrevocably appoints Landlord,or any transferee or successor of Landlord the aftorney-in-fact of Tenant to execute and deliver any such Instrum0M:or +
document 1
14.04 Estoppel Certificates, {{t;
(a)Upon Landlord's written request,Tenant shall execute,acknowledge and deliver to Landlord a written statement certifying O that none of
the terms or provisions of this Lease have been changed(or if they have been changed,stating how they have been changed);(i)Drat title'
Lease has not been cancelled or terminated;(iii)the last date of payment of the rent and other charges and the time period covered by such 1`:'w
payment;end(iv)that Landlord is not in default under this Lease(or,if Landlord is claimed to be in default,stating why). Tenant shall
such statement to Landlord within ten(10)days after Landlord's request Any such statement by Tenant may be given by Landlord to any
prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as
and correct
(b) If Tenant does not deliver such statement to Landlord within such ten(10)day period.Landlord,and any prospective purchase'i or err
cumbrancer,may conclusive resume and rel upon the following lasts: r that the farms and revisions of this Leese have not been f atf
Y ly P Y P 9 () P { ' r'
changed except as otherwise represented by Landlord;(ii)that this Lease has not been cancelled or terminated except as otherwise tepre •. ,y,t;
serried by the Landlord;(iii)that not more than one month's rent or other charges have been paid in advance;and(iv)that Landlord is
not
default under the Leese. In such event,Tenant shall be estopped from denying the truth of such facts.
ARTICLE FIFTEEN: MISCELLANEOUS is it 35'} 'ir
1
15.01 Exhibits. All exhibits,attachments,annexed instruments and addenda referred to herein shall be considered a part hereof for all purpose,
with the acme force and effect as if copied at full length herein. _ •: �t .- .�,
1 t
15,02 Interpretation. Words of any gender used in this•Lease shall be held and construed to include any other gender,and words In the singular ,
shall be held to include the plural,unless the context otherwise requires. In any provision relating to the conduct,acts or omiasions of Tenets°the term.
s.v
"Tenant"shall include Tenant's agents,ern;foyoas,contractors,invtteea,successors,permitted assigns or others using the Property with Tenant's°`•?
expressed or implied permission.
15.03 Captions. The captions or headings of paragraphs in the Lease are inserted for convenience only,and shall not be considered in construing
the provisions hereof if any question o1 intent should arise.
15.04 Waivers. All waivers must be in writing and signed by the waiving party. Landlord's failure to enforce any provision o1 this Lease or
acceptance of rent shall not be a waiver and shell not prevent Landlord from enforcing that provision or any other provision of this Lease In the future.y,'•-,f;
s° No statement on a check from Tenant or in a letter accompanying a payment check shall be binding on Landlord. Landlord may,with or without not!u
to Tenant,negotiate such check without being bound to the conditions of such statement.
15.05 Severability. A determination by a court of competent Jurisdiction that any provision of this Lease or any part thereof Is illegal or unanloroa
able"I not cancel or Invalidate the remainder of such provision of this Lease,which shall remain In full force and effect.
• L '`: .,��`� �•.;mak'"`?;
15.06 Joint and Several Liability, All parties signing this Lease as Tonants shall be jointly and severally liable for the obligations of Tonan4
15.07 Incorporation of Prior Agreements;Modifications. This lease to the only agreement between the parties pertaining to the lease ofthe Propo t?a*
'. and no other agreements are effective. All amendments to this Leese shall be in writing and signed by all parties. Any other attempted amendment.
<' shall be void.
. ;��.•.fit
15.06 Binding Effect. The terms,conditions and convenants contained in the Lease,shall apply to,inure to the benefit of,and be binding upon
parties hereto and their respective heirs,representatives,successors and permitted assigns,except as otherwise herein expressly provided. All rights;' ) `> y
powers,privileges,immunities and duties of Landlord under this Lease,including but not limited to any notices required or permitted to be delMered a.:r
Landlord to Tenant hereunder,may,at Landlord's option,be exercised or performed by Landlord's agent or attorney.
15,00. Notices. Any notice of document required or permitted to be delivered hereunder shall be doomed to be delivered whether actually is i-H-4''•�. i3
or not when deposited in the United States Mail,Postage prepaid,registered or certified mail,return receipt requested,addressed to parties hereto at t�J�;�fi ;
the respective addresses stated herein,or at such other address as they have theretofore specified by written notice delivered in accordance herewhh.'o 4 '
Notices to Tenant shall be delivered to the address specified on the signature page hereof,except that,upon Tenant's taking possession of the '•7-,?i�,r.
Property,the Properly address shall be Tenant's address for notice purposes.
15.10 Force Majeure. In the event performance by Landlord of any term,condition or convenant in this Lease Is delayed or prevented by any Act of Y
God,strike,lockout,shortage of material or labor,restriction by any governmental authority,civil riot,flood or any other cause not within the control qt
Landlord,the period of performance of such term,,condition or covenant shall be extended for a period equal to the period Landlord is so delayed or --4-774)
a's$
hindered.
•>�s�t
" l
1 t'•i �::yiq .1
1511 Attorneys Fees. If on account of any breach or default of any party heretoi Inks obligations to any other party hereto Qncluding but of AmkeC�,`
to the Principal Realtor),It shall become necessary for the non-defaulting party to employ an attorney to enforce or defend any of its rlghts of e-
hereunder,the defaulting party agrees to pay the non-defaulting party its reasonable attorneys'fees,whether or not suit is instituted In cgnnlC
therewith.
.. ,
1b.12 Time of Essence. Time is of the essence of this Lease.
{y1,'At
ARTICLE SO(TEEN: SPECIAL PROVISIONS AND RIDERS.
.
Special provisions may be set forth in the blank space and/or on a rider or riders attached hereto.If no additional provisions am to
Inserted in the blank space below,please draw a line through such space. If no rider or riders are to be attached hereto,please state"Nq Ridir ]'rillii"�
blank space below. If a rider or riders are to be attached hereto,please state In the blank space below:"See Rider or Riders Attachad,"and please'
have Landlord and Tenant initial all such riders,
1i:r:} rsr
EXECUTED as of the date stated in Section 1.01 above.
LANDLORD TENANT
'
TITLE- —e-1 TITLE:
ADDRESS: S G �� �*^� [��g�� ADDRESS:
Date of execution by Landlord: Date of execution by Tenant:
•:tib• 'r
_ _ :.
-p•�y�ixs.......y, c.
PRINCIPAL REALTOR® COOPERATING REALTOR®
,MEMBER OF THE
GREATER FORT WORTH BOARD OF REALTORSO g
A,1A x
By: By.
ADDRESS' ADDRESS:
ADDENDUM to real estate lease by and between Richard L. Hartman,Landlord and the City of Fort
Worth,Tenant for the real property situated at 920 Roberts Cut Off in the corporate limits of the City of
River Oaks,Texas.
Landlord is licensed Texas Real Estate Broker.
Tenant shall maintain heating and air-conditioning unit as provided in paragraph 5.03. A new unit was
installed July, 1999.
Tenant shall make a sincere effort to see that their employees and customers/clients park in the areas to the
front and side of their portion of this building and not encroach on other tenant's spaces. Should parking
become a problem,Tenant agrees to require that their employees park in the large parking lot to the side of
the Edward Jones office.
The Tenant shall have the right to renew this lease for TWO additional years at a rate which will
include a 7%increase each year.
y
SIGNATURE PAGE
Approved As To Form
And Legality: ATTEST:
City Secretary"
Assistant ty Attorney
Contract Authorization
Assistant City Ofanager
City of Fort Worth, Texas
4VA."Or and councit Comm-uniceltion
Date Reference Number Log Name Page
10/6/98 **L-12344 80FAR 1 of 2
Subject LEASE AGREEMENT WITH RICHARD HARTMAN FOR THE FAR NORTHWEST
NEIGHBORHOOD RESOURCES DEVELOPMENT PROGRAM CENTER
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept funds in the amount of $22,800 from Tarrant Countyfor the
1999 funding year beginning October 1, 1998; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the,
Grants Fund by$22,800 from available funds; and
3. Authorize the City Manager to execute a lease agreement with Richard Hartman of 920 Roberts
Cut-Off Road for an amount not to exceed $650 per month contingent upon receipt of funding from
the Texas Department of Housing and Community Affairs.
DISCUSSION:
The Sansom Park Neighborhood Resources Development Program Center (NRDP), now known as the
Far Northwest NRDP, will continue to provide case management, information and referral services,
client intake and assessment, emergency assistance, including the Comprehensive-Energy Assistance
Program, and other social services to low-income households in the Northwest Tarrant County area.
This program is wholly underwritten by Federal, State and County funds.
The City of Fort Worth has operated the Sansom Park NRDP in the Sansom Park Community Center
owned by the City of Sansom Park, since 1982. The City was notified by the City of Sansom Park on
August 7, 1998 of its plans to use the building for other purposes and requested the City of Fort Worth
vacate the premises by October 7, 1998.
Staff reviewed-a number of sites in the Northwest Tarrant County area. Their search has resulted in the
selection of a vacant office building located at 920 Roberts Cut-Off Road. The owner, Mr. Robert
Hartman, has proposed the following terms:
1. A one year lease beginning October 1, 1998, and ending on September 30, 1999, including an
option to renew for a second year at the same rate, and three additional years at a rate that
will include a 7% increase each year.
2. Lease space totaling 1,664 square feet.
3. Rent at the cost of$650 per month. The City will pay for electric, gas, water and telephone.
City of Fort Worth; Texas
ivDavoir and council COMM ulpiceltio"
Date Reference Number Log Name Page
1o1s/98 **L-12344 80FAR 2 of 2
Subject LEASE AGREEMENT WITH RICHARD HARTMAN FOR THE FAR NORTHWEST
NEIGHBORHOOD RESOURCES DEVELOPMENT PROGRAM CENTER
The NRDP application to the Texas Department of Housing and Community Affairs (TDHCA), under the
provisions of the Community Services Block Grant Program, approved by the City Council on March 12,
1998 (M&C C-16668), includes a $15,000 contribution from Tarrant County. The Tarrant County
Commissioner's Court has traditionally contributed annually to the program to finance the lease
agreement and operating expenses of two centers, (the Kennedale/Mansfield Center and the Sansom
Park Center), located outside the city limits of Fort Worth. The lease for the Kennedale/Mansfield
NRDP is $9,600 per year (including all utilities except telephone). The lease for the Far Northwest
NRDP will be $7,800 per year (not including utilities). The County has agreed to pay an additional
$7,800 (above the traditional $15,000 allocation) for the cost of the first year's lease of the Far
Northwest NRDP Center. The remaining balance will be used to pay utilities, telephone lines and other
operating expenses at the Kennedale/Mansfield and Far Northwest NRDP.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
LW:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) ,
GR76 451345 080422550000 $22,800.00 APPROVED
Libby Watson 6183 GR76 (5)Various 080422550010 $22;800.00 CITY COUNCIL
Originating Department Head:
Richard Zavala 5704 (from) OCT 6 .
GR76 (5)Various 080422550010 $22,800.00
Additional Information Contact:
of the'
Richard Zavala 5704. city of Fo t Worth.TO]=
Adopted Ordinance. No,. f�