HomeMy WebLinkAboutContract 33451 CITY BECRETAR
U31LI
CONTRACT NO.
OFFICE LEASE AGREEMENT
This indenture of Lease made and entered into by and between Town Center Mall, L.P..,
dba La Gran Plaza, hereinafter referred to as "LANDLORD", and City of Fort Worth hereinafter
referred to as"TENANT".
WITNESSETH:
ARTICLE 1. DEFINITIONS
Except as otherwise defined hereinafter, the following terms, for the purpose of this
Lease shall be defined as follows:
1.1 DATE OF LEASE: April 18, 2006
1.2 TERM OF LEASE: 60 months beginning on June 1, 2006 or upon the
completion of the Tenant Improvements, whichever is later. If the completion
date occurs after June 1, 2006, the date of completion shall be determined by the
Tenant's execution of a Tenant's Acceptance Letter verifying the completion of
the improvements and the date of Tenant's occupancy, in the form of Exhibit"E"
hereto.
1.3 FIXED MONTHLY RENTAL: The annual rent shall be $8.00 psf based on
6,108 rentable sq. ft., for a total of $ 48,864.00 annually for lease years one
through three, which shall be paid in twelve (12) monthly installments of
$4,072.00. For lease years four and five, the annual rent shall be $10.00 psf
based on 6,108 rentable sq. ft. for a total cost of$61,080.00 per year, which shall
be paid in twelve (12)monthly installments of $5,090.00.
1.4 ADDITIONAL RENT. Tenant shall pay an amount not to exceed $42,388.66 for
the "Tenant Improvements" to the Leased Space listed on Exhibit "D" within 6
weeks of executing this Lease so long as Landlord submits an invoice to Tenant
documenting the construction costs and including all subcontractor's/vendor's
invoices. Landlord agrees to complete the Tenant Improvements by June 1, 2006
in order that Tenant can occupy the space. In the event Landlord does not
complete the improvements by June 1, 2006, rent shall not accrue until Tenant is
fully occupying the Demised Premises as herein defined.
1.5 Intentionally Deleted.
1.6 Intentionally Deleted.
1.7 TRADE NAME OF TENANT: City of Fort Worth Environmental Management
Department-Air Quality Division
1.8 PERMITTED USE: Administrative Offices/Laboratory
ADDRESS OF TENANT: 4200 S. Freeway, Suite 552
Fort Worth, Texas 76115
Copy to: City Manager
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04-25-06 A09: 23 IN
1000 Throckmorton Street
Fort Worth, Texas 76102
ADDRESS OF LANDLORD: La Gran Plaza
4200 S. Freeway, Suite 1800
Fort Worth, Texas 76115
FOR RENT PAYMENTS: Town Center Mall, L.P.
P.O. Box 4737
Houston, Texas 77210-4737
1.9 OFFICE BUILDING: All of the Fort Worth La Gran Plaza Office Building,
situated on that certain tract of land located in the City of Fort Worth, Texas, as described
in Exhibit"A" hereto.
1.10 COMMON FACILITIES AND AREA: The parking area, streets, driveways,
aisles, sidewalks, restrooms, malls and other common and service area within the
Office Building, as described above, and shown on Exhibit "B" and the
improvements thereon, and as same may be enlarged, reduced, or otherwise
changed by Landlord from time to time.
1.11 GROSS LEASE AREA: The total area covered by all of the buildings situated at
the Office Building available for leasing to tenants, exclusive of the Common
Facilities and Areas and exclusive of any portion of said buildings occupied by
Landlord or devoted to maintenance and/or operation of the Office Building.
1.12 DEMISED PREMISES: The space known as Suite 552 containing
approximately 6,108 rentable square feet, being substantially the same area as the
area shaded on the attached Exhibit"C", located in the Office Building.
1.13 OCCUPANCY LEVELS: Tenant shall not exceed the occupancy levels in the
Office Building as determined by the Fire Marshall of the City of Fort Worth. In
addition, Tenant agrees to not allow any of its clients or visitors to remain in the
common area hallways while awaiting services from Tenant.
ARTICLE 2: DEMISE AND TERM
In consideration of the obligation of Tenant to pay rental as herein provided and in
consideration of the other terms, covenants, and conditions hereof, Landlord hereby lets, demises,
and leases unto Tenant, and Tenant hereby leases from Landlord, the Demised Premises as
defined in Paragraph 1.12 of Article 1 (any measurements therein specified being from the
exterior of outside walls and to the center of interior or common walls) and access and use of the
Common Facilities and Area for a term commencing on the date of this Lease and ending on the
date specified in Paragraph 1.2 of Article 1.
ARTICLE 3.
The "Rental Commencement Date" of this Lease shall be June 1, 2006. The Lease Year
begins on the rental commencement date.
ARTICLE 4.
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4.1 Rental shall accrue hereunder from and after the Rental Commencement Date as
defined above and shall be payable to Town Center Mall, L.P., 2650 Fountainview, Suite 400,
Houston, Texas 77057 , or such other place as may be designated by Landlord.
4.2 Tenant shall pay to Landlord Fixed Monthly Rental in the amount specified in
Paragraph 1.3 of Article 1. Subject to the further provisions of this Paragraph 4.2, Fixed Monthly
Rental shall be payable, in advance, on the first day of each month during the continuance of the
term of this Lease.
4.3 Intentionally Deleted.
4.4 Intentionally Deleted.
4.5 Intentionally Deleted
4.6 Intentionally Deleted
ARTICLE 5. Intentionally Deleted.
ARTICLE 6. COMMON FACILITIES AND AREAS
ARTICLE 6. COMMON FACILITIES AND AREAS
6.1 The Common Facilities and Areas of the Office Building are the part of the
Office Building designated by Landlord from time to time for the common use of all tenants
including among other facilities, parking areas, sidewalks, landscaping, curbs, truckways,
delivery passages, malls loading areas, private streets and alleys, lighting facilities, drinking
fountains, meeting rooms, public toilets and the like which are shown on Exhibit "C", all of
which shall be subject to Landlord's sole management and control and shall be operated and
maintained in such manner as Landlord in its sole discretion shall determine, however if Tenant
determines that additional maintenance or repairs are necessary in the Common Facilities and
Area, Tenant shall request Landlord to perform the requested maintenance in writing. Landlord
agrees to respond to Tenant's written notice in a timely manner after receipt of such notice. If the
request pertains to the maintenance and operation of the HVAC (Heating, Ventilation and Air
Conditioning) system, the entry door, the water supply or electricity, Landlord shall begin repairs
either the same day Landlord receives Tenant's written notice or the next day, with the scope or
necessity of such repairs subject to Landlord's reasonable judgment. For all other repairs,
Landlord shall cause minor repairs to be completed either within forty-eight (48) hours after
Landlord receives such notice or within a reasonable time thereafter; Landlord shall cause major
repairs to be completed within a reasonable time, but in no event later than thirty (30) days after
receipt of such notice; however if Landlord is unable to complete major repairs in thirty (30)
days, Landlord shall notify Tenant and shall diligently pursue the completion of the repairs.
Landlord reserves the right to change from time to time the dimensions and locations of the
Common Facilities and Areas and to construct additional buildings or additional stories on
existing buildings or other improvements in the Office Building.
6.2 Upon prior written notice to Tenant, Landlord may change from time to time the
dimensions and locations of the Common Facilities and Areas of the Office Building and to
construct additional buildings or additional stories on existing buildings or other improvements in -
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the Office Building, however, in the event that Landlord reduces the amount of Common
Facilities and Area so as to substantially hinder Tenant access to its space, Tenant shall have the
right and option of terminating this Lease, which option to terminate must be exercised by written
notice to Landlord within fifteen (15) days after Landlord mails its notice of reducing the
Common Area. Such termination of the Lease shall take effect thirty days after Tenant sends
notice of termination to Landlord.
6.3 Tenant, and its employees, customers, subtenants, licensees, and concessionaires
shall have the non-exclusive right to use the Common Facilities and Areas as constituted from
time to time, such use to be in common with Landlord, other tenants in the Office Building, and
other persons entitled to use the same, and subject to such reasonable rules and regulations
governing use as Landlord may from time to time prescribe. Tenant may display information
and distribute handbills regarding programs sponsored by Tenant in the elevator area.
6.4 If the amount of the Common Areas be diminished, Landlord shall not be subject to
any liability nor shall Tenant, or any entity, or any entity claiming under it be entitled to any
compensation or diminution or abatement of rental, nor shall such diminution of such areas be
deemed constructive or actual eviction.
6.5. Landlord agrees to comply fully with all applicable Federal, state, and
municipal laws, statutes, ordinances, codes, or regulations in connection with use of the
Common Facilities and Area.
6.6 Landlord shall provide Tenant access to the Demised Premises through the
Common Facilities and Area by Key Card Access. Landlord shall provide Tenant 20
Key Cards. Landlord shall keep such Key Card Access in good repair. Landlord shall
provide Tenant with additional Key Cards upon written request within ten(10) business
days at no additional cost to Tenant.
ARTICLE 7. USE AND CARE OF DEMISED PREMISES
7.1 The Demised Premises may be used and occupied solely for the Permitted Use (as
defined in Article 1) and only under the Trade Name (as defined in Article 1). Tenant shall not at
any time leave the Demised Premises vacant, but shall in good faith and with due diligence and
efficiency continuously throughout the term of this Lease operate the business establishment for
which the Demised Premises is leased. Tenant shall operate its business establishment in an
efficient, high class and reputable manner, so as to produce the minimum amount of periods
repairing, cleaning and decorating, keep the Demised Premises properly equipped with fixtures
and with adequate personnel in attendance on all days it is open for business to the public.
7.2 Upon written notice to Tenant of increased costs , Tenant shall not, without
Landlord's prior written consent, keep anything within the premises for any purpose which
increases premium cost or invalidates any insurance policy carried on the Demised Premises or
other part of the Office Building. All property kept, stored or maintained within the premises of
Tenant shall be at Tenant's sole risk.
7.3 Tenant shall not permit any objectionable or unpleasant odors to emanate from the
premises, nor place or permit any radio, television, loud speaker or amplifier on the roof or
outside of the Demised Premises or where the same can be seen or heard from outside the
building; nor place an antenna, awning or other projection on the exterior of the ism" _-
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Premises; nor take any other action which would constitute a nuisance or would disturb or
endanger other tenants of the Office Building or unreasonably interfere with their use of their
respective premises; nor do anything which would tend to injure the reputation of the Office
Building,.
7.4 Tenant shall take good care of the Demised Premises. Tenant shall keep the
Demised Premises and sidewalks, service-ways, all hallways and loading areas adjacent to the
premises neat, clean and free from all rubbish at all times. Landlord shall take all trash and
garbage to the area designated by Landlord for trash removal. Tenant shall not operate an
incinerator or burn trash or garbage within or adjacent to the Office Building.
7. 5 Services. Landlord covenants and agrees to furnish the Demised Premises with
electricity during normally accepted business hours suitable for the intended use as general office
space, including fluorescent tube and ballast replacements, heating and air conditioning for the
comfortable use and occupancy of the Leased Premises. Landlord shall also provide cleaning
service and trash removal from Leased Premises after business hours five (5) days per week, on
Mondays through Fridays. Landlord shall supply, and maintain building common areas and
restroom facilities, including furnishing water and sewage disposal in the building in which the
leased properties are located, at the Landlord's expense. Landlord shall provide a reasonable
amount of free parking for Tenant's employees and visitors on Landlord's parking area adjacent
to the building in which the Leased Premises are situated. Landlord acknowledges and agrees
that Tenant shall be parking fifteen city vehicles in the parking area over night. Landlord shall
connect and ensure the fire alarms are workable and heard throughout the Demised Area within
ninety (90) days of Lease execution. Landlord shall replace and maintain the air filters in the air
ducts in the Demised Premises.
7.6 Tenant shall procure at its sole expense any permits and licenses required for the
transaction of business in the Demised Premises and otherwise comply with all applicable laws,
ordinances and governmental regulations.
ARTICLE 8. MAINTENANCE AND REPAIR OF PREMISES: ALTERATIONS
LANDLORD'S RIGHT OF ACCESS
8.1 Landlord shall keep the foundation, the exterior walls, and roof of the Demised
Premises in good repair, except that Landlord shall not be required to make any repairs
occasioned by the act or negligence of Tenant, its employees, customers, subtenants, licensees
and concessionaires. Landlord shall be responsible for any electrical problems serving the
Demised Premises with the exception of incandescent light bulb replacement, unless caused by
Tenant's negligence or misconduct.
8.2 Tenant shall keep the Demised Premises in good, clean condition, except for repairs
and replacements required to be made by Landlord under the provisions of Paragraph 8.1. At the
expiration of this Lease, Tenant shall surrender the Demised Premises in good condition,
reasonable wear and tear and loss by fire, or other casualty.
8.3 Tenant shall not make any alterations, additions, or improvements to the Demised
Premises without the prior written consent of Landlord, except for the installation of unattached
movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the
Demised Premises. All fixtures installed by Tenant shall be new or completely reconditioned.
All alterations, additions, improvements and fixtures (other than unattached, movable trade
fixtures) which may be made or installed by either party hereto upon the Demised Premises
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remain upon and be surrendered with Demised Premises and become the property of Landlord at
the termination of this Lease, unless Landlord requests their removal in which event Tenant shall
remove the same and restore the Demised Premises to its original condition at Tenant's expense.
8.4 Upon notice to the Program Manager, T.C. Michaels (817-266-6151) or Michael
Crittenden (817-201-1625) or Eric Mason (817-999-8830) Landlord shall have the right to enter
upon the Demised Premises for the purpose of inspecting same, or of making repairs or additions
to the Demised Premises, or of making repairs, alterations, or additions to adjacent premises, or
of showing the Demised Premises to prospective purchasers, lessors, or lenders.
ARTICLE 9. UTILITIES
9.1 Landlord agrees to cause to be provided and maintained at a common service point
the necessary mains, conduits, and other equipment and facilities necessary to supply water, gas,
electricity, and telephone service to the Demised Premises. Tenant accepts these utilities in their
"as is"condition.
9.2 Landlord agrees to operate and maintain a central plant and distribution system
designed to furnish heated and chilled water only for the space heating and cooling of the
premises and other occupied space in the Office Building. Landlord shall furnish heated water
for the space heating and chilled water for the space cooling that shall be adequate to provide the
heating and cooling requirements of the Premises.
9.3 Landlord agrees to pay for all utilities used exclusively by Tenant, including but not
limited to electricity, gas, water and sewer service to the Demised Premises. Tenant shall be
responsible for the payment of all charges for telephone service or any other services used by it at
the Demised Premises.
9.4 Landlord shall not be liable for interruptions in utility services furnished by it which
are due to fire, accident, strike, acts of God, or other causes beyond the control of Landlord or in
order to make alterations, repairs or improvements. If interruption continues for a period of two
business days due to Landlord negligence, Tenant shall be entitled to an abatement of all rental
attributable to the entire period of unavailability.
ARTICLE 10. INDEMNITY AND PUBLIC LIABILITY INSURANCE
10.1 Landlord shall not be liable to Tenant or to Tenant's employees, agents or visitors,
or to any other person whomsoever, for any injury to person or damage to property on or about
the Demised Premises or the Common Facilities and Areas caused by the negligence or
misconduct of Tenant, its employees, subtenants, licensees, and concessionaires, or any person
entering the Office Building under express or implied invitation of Tenant or other tenants of the
Office Building, or arising out of the use of the Demised Premises by Tenant and the conduct of
its business therein or arising out of any breach or default by Tenant in the performance of its
obligations hereunder; and Tenant to the extent permitted by law hereby agrees to indemnify
Landlord and hold it harmless from any loss, expense, or claims arising out of such damage or
injury.
10.2 The City of Fort Worth is basically a self-funded entity and as such,
generally, it does not maintain a commercial liability insurance policy to cover premises
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liability. Damages for which the City of Fort Worth would be found liable would be paid
directly by the City of Fort Worth and not by a commercial insurance company.
ARTICLE 11. NON-LIABILITY FOR CERTAIN DAMAGE
Landlord and Landlord's agents and employees shall not be liable to Tenant for any
injury to person or damage to property sustained by Tenant or any person claiming through
Tenant resulting from any accident or occurrence in the Demised Premises or any other portions
of the Office Building, including but not limited to injury or damage caused by the Demised
Premises or other portions of the Office Building becoming out of repair or by defect in or failure
of equipment, pipes, or wiring, or by broken glass, or by backing up of drains, or by gas, water,
steam, electricity, or oil leaking, escaping or flowing, into the Demised Premises except where
due to Landlord's failure to make repairs or meet Landlords' obligation hereunder.
ARTICLE 12. DAMAGE BY CASUALTY
12.1 Landlord shall cause to be maintained upon all of the buildings situated within the
Office Building, fire and extended coverage insurance for not less than eighty (80%) of the full
insurance value thereof.
12.2 Tenant shall give immediate written notice to Landlord of any damage caused to the
Demised Premises by fire or other casualty.
12.3 In the event that the Demised Premises shall be damaged or destroyed by fire or any
other casualty covered by Landlord's insurance and Landlord does not elect to terminate this
Lease as hereinafter provided, Landlord shall proceed with reasonable diligence, at its sole cost
and expense, to rebuild and repair the Demised Premises, but Landlord shall not be obligated to
expend for such rebuilding and repair any amount in excess of the insurance proceeds recovered
by Landlord as a result of such losses. However, if such damage or destruction shall occur during
a time when the then current term of this Lease shall have less than two (2)years to run, Landlord
shall not be obligated to rebuild and restore the Demised Premises. If the Demised Premises shall
be (a) destroyed or substantially damaged by a casualty not covered by Landlord's insurance, or
(b) destroyed or rendered untenable to an extent in excess of fifty (50%) of the floor area by a
casualty covered by Landlord's insurance then in either such event Landlord may elect either to
terminate this Lease or to proceed to rebuild and repair the Demised Premises. Landlord shall
give written notice to Tenant of such election within sixty (60) days after the occurrence of such
casualty and if Landlord elects to rebuild and repair it shall proceed to do so with reasonable
diligence and its sole cost and expense, and this Lease will continue, however rent shall be abated
while repairs are being completed and rent shall not accrue until Tenant is fully occupying the
Demised Premises.
12.4 The City of Fort Worth is basically a self-funded entity and as such,
generally, it does not maintain a commercial liability insurance policy to cover premises
liability. Damages for which the City of Fort Worth would be found liable would be
paid directly by the City of Fort Worth and not by a commercial insurance company.
12.5 In no event shall Landlord be liable to Tenant, its successors, customers, assigns or
subrogees, or any person claiming under Tenant for any injury to persons, loss of life, damage to
or loss of any property in or about the Demised Premises of the Office Building. All public
liability and property damage insurance, fire and extended coverage insurance, boiler insurance,
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and other insurance carried by either Landlord or Tenant covering losses arising out of
destruction or damage to the Demised Premises or its contents or to other portions of the Office
Building or to Tenant's occupancy and operation of its store therein, shall provide for a waiver of
rights of subrogation against Landlord and Tenant on the part of the insurance carriers, to the
extent that same is permitted under the laws and regulations governing the writing of insurance
within the State of Texas. Each party shall furnish the other with written acknowledgement of
such waiver by its respective insurance carriers.
12.6 Intentionally Deleted.
ARTICLE 13. ASSIGNMENT AND SUBLETTING
13.1 Tenant shall not assign or in any manner transfer this Lease or any estate or interest
herein or sublet the Demised Premises or any part thereof without the prior written consent of
Landlord, which consent will not be unreasonably withheld. The term "sublet" shall be deemed
to include the granting of licenses, concessions, and any other rights of occupancy of any portion
of the Demised Premises.
13.2 Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease
or in the Demised Premises nor may such interest be transferred by operation of law.
ARTICLE 14. TAXES
14.1 Tenant shall be liable for all taxes levied against personal property and trade
fixtures placed by Tenant in the Demised Premises. If any such taxes for which Tenant is liable
are levied against Landlord or Landlord's property and if Landlord elects to pay the same or if the
assessed value of Landlord's property is increased by inclusion of personal property and trade
fixtures placed by Tenant in the Demised Premises and Landlord elects to pay the taxes based on
such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant
is primarily liable hereunder.
ARTICLE 15. DEFAULT BY TENANT AND LANDLORD'S REMEDIES
15.1 The following events shall be deemed to be events of default by Tenant under this
Lease:
(1) Tenant shall fail to pay any installment of rental hereunder and such failure
shall continue for a period of ten (10) days after due date thereof and shall
not cure such failure within thirty (30) days after written notice thereof to
Tenant.
(2) Tenant shall fail to comply with any term, provision, or covenant of this
Lease, other than the payment of rental, and shall not cure such failure within
thirty(30) days after written notice thereof to Tenant.
(3) Tenant shall become insolvent, or shall make a transfer in fraud of creditors,
or shall make an assignment for the benefit of creditors.
(4) Tenant shall file a petition under any section or chapter of the National
Bankruptcy act, as amended, or under any similar law or statute of the United
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States or any State thereof; or Tenant shall be adjudged bankrupt or insolvent
in proceedings filed against Tenant thereunder.
(5) A receiver or trustee shall be appointed for the Demised Premises or for
substantially all of the assets of Tenant
(6) Tenant shall desert or vacate any portion of the Demised Premises.
(7) Tenant shall do or permit to be done anything which creates a lien upon the
Demised Premises.
Upon the occurrence of any such events of default, Landlord shall have the option to
pursue any one or more of the following remedies without any notice or demand whatsoever:
A. Terminate this Lease, in which event Tenant shall immediately surrender the
Demised Premises to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to
any other remedy which it may have for possession or arrearages in rental, enter upon and take
possession of the Demised Premises and expel or remove Tenant and any other person who may
be occupying the Demised Premises or any part thereof, by force if necessary, without being
liable for prosecution or any claim of damages thereof; and Tenant agrees to pay to Landlord on
demand the amount of all loss and damage which Landlord may suffer by reason of such
termination, whether through inability to relet the Demised Premises on satisfactory terms or
otherwise.
B. Enter upon and take possession of the Demised Premises and expel or remove Tenant
and any other person who may be occupying the Demised Premises or any part thereof, by force
if necessary, without being liable for prosecution or any claim for damages therefor, and if
Landlord so elects, relet the Demised Premises on such terms as Landlord may deem advisable
and receive the rental therefore; and Tenant agrees to pay Landlord on demand any deficiency
that may arise by reason of such reletting.
C. Enter upon the Demised Premises by force if necessary without being liable for
prosecution or any claim for damage therefore and do whatever Tenant is obligated to do under
the terms of this Lease, and Tenant agrees to reimburse Landlord on demand for any expenses
which Landlord may incur in this effecting compliance with Tenant's obligation under this Lease,
and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant
from such action, whether caused by negligence of Landlord or otherwise.
15.2 If, on account of any breach or default by Tenant in Tenant's obligations hereunder,
it shall become necessary for Landlord to employ an attorney to enforce or defend any of the
Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attorney's fees
incurred by Landlord in such connection.
15.3 A Security Deposit in the amount of$0 shall be held by Landlord without interest
as security for the performance by Tenant's covenants and obligations under this Lease, it being
expressly understood that such deposit is not an advance payment of rental or a measure of
Landlord's damages in case of default by Tenant. Upon the occurrence of any event of default by
Tenant, Landlord may, from time to time, without prejudice to any other remedy provided by law,
use such fund to the extent necessary to make good any arrears of rent and any other damage,
injury, expense or liability caused to Landlord by such event of default and Tenant shall pay to
Landlord on demand the amount so applied in order to restore the security deposit to its original
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amount. If Tenant is not then in default hereunder, any remaining balance of such deposit shall
be returned by Landlord to Tenant upon termination of this Lease providing Demised Premises is
left in good condition (broom clean), with keys returned and repairs made after Tenant's removal
of sign.
15.4 Any sums payable by Tenant pursuant to the provisions of this Article shall be due
and payable unless specifically provided elsewhere herein upon the demand of Landlord and such
sums shall bear interest at the rate of fifteen percent (15%) per annum from the date of such
demand until paid.
15.5 In the event any rent payable pursuant to this agreement is not timely paid and
remains unpaid for a period of ten (10) days after payment would otherwise be due then a late
payment charge shall be due and payable upon demand of Landlord in an amount equal to the
greater of fifty ($50.00) dollars or five percent (5%) times the amount unpaid for each partial or
full calendar month during which such rent remains unpaid. This charge shall be in addition to all
other remedies provided for herein. The fee for checks returned unpaid to Landlord or marked
insufficient funds shall be a minimum of $25.00. Landlord reserves the right to require a
cashier's check for any sums due.
15.6 "Intentionally Deleted"
15.7 If Landlord commences any proceedings for non-payment of rent (minimum rent,
percentage rent or additional rent), Tenant will not interpose any counterclaim of any nature or
description in such proceedings. This shall not, however, be construed as a waiver of Tenant's
right to assert such claims in a separate action brought by Tenant. The covenants to pay rent and
other amounts hereunder are independent covenants and Tenant shall have no right to hold back
offset or fail to pay any such amounts for default by Landlord or any other reason whatsoever.
15.8 The payment and acceptance of Rent(s) hereunder shall not be, or be construed to
be, a waiver of any default under, or breach of, any term, covenant, condition or agreement of this
Lease, other than the failure of Tenant to pay the particular Rent(s) so accepted.
15.9 If Landlord accepts a partial payment for Rent(s) due, this acceptance does not
constitute accord and satisfaction or a waiver of the Landlord's right to the balance of the Rent(s)
due as per this Lease.
ARTICLE 16. NONAPPROPRIATION; DEFAULT BY LANDLORD AND TENANT'S
REMEMDIES
16.1 This Lease shall terminate in the event that the governing body of Tenant
shall fail to appropriate sufficient funds to satisfy any obligation of Tenant hereunder.
Termination shall be effective as of the last day of the fiscal period for which sufficient
funds were appropriated or upon expenditure of all appropriated funds, whichever comes
first.
16.2 If Landlord should be in default in the performance of any of its obligations under
this Lease, Landlord shall have thirty (30) days after receipt of written notice from Tenant
specifying such default to cure such default; or if such default is of a nature to require more than
thirty (30) days to remedy, Landlord shall have the time reasonably necessary to cure it. No such
default shall entitle Tenant to any abatement or offset of rent, which Tenant shall continue to Da
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when due as provided herein. If Landlord fails to cure such default within the 30 days specified
above, Tenant shall give Landlord a second written notice of default specifying that Landlord
must cure such default within 30 days of receiving the second notice. If Landlord fails to cure
such default within the time specified in the second default notice 30 days, Tenant may
automatically terminate this Lease and Landlord and Tenant agree that each shall have no further
obligation to each other.
ARTICLE 17. HOLDING OVER
In the event Tenant remains in possession of the Demised Premises after the expiration of
the Lease and without the execution of a new Lease, it shall be deemed to be occupying the
Demised Premises as a tenant from month to month at a rental equal to the rental (including any
percentage rental) herein provided plus fifteen percent (15%) of such amount and otherwise
subject to all the conditions, provisions and obligations to this Lease insofar as the same are
applicable to a month to month tenancy.
ARTICLE 18. SUBORDINATION
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other
lien presently existing or hereafter placed upon the Office Building or any portion of the Office
Building which includes the Demised Premises, and to any renewals and extensions thereof.
Tenant agrees that any mortgagee shall have the right at any time to subordinate its mortgage,
deed of trust or other lien to this Lease, provided, however, notwithstanding that this Lease may
be (or made to be) superior to a mortgage, deed of trust or other lien, the mortgagee shall not be
liable for prepaid rentals, security deposits and claims accruing during Landlord's ownership;
further provided that the provisions of a mortgage, deed of trust or other lien relative to the rights
of the mortgage with respect to proceeds arising from an eminent domain taking (including a
voluntary conveyance by Landlord) and provisions relative to proceeds arising from insurance
payable by reason of damage to or destruction of the Demised Premises shall be prior and
superior to any contrary provisions contained in this instrument with respect to the payment or
usage thereof. Landlord is hereby irrevocably vested with full power and authority to subordinate
this Lease to any mortgage, deed of trust or other lien hereafter placed upon the Demised
Premises or the Office Building as a whole and Tenant agrees upon demand to execute such
further instruments subordinating this Lease as Landlord may request, provided, however that
upon Tenant's written request and notice to Landlord, Landlord shall use good faith efforts to
obtain from any such mortgagee a written agreement that the rights of Tenant shall remain in full
force and effect during the term of this Lease so long as Tenant shall continue to recognize and
perform all of the covenants and conditions of this Lease.
ARTICLE 19. Intentionally Deleted
ARTICLE 20. NOTICES
Wherever any notice ("Notice") is required or permitted hereunder such Notice shall be
in writing and shall be delivered by (a) the United States mail (postage prepaid), (b) registered or
certified mail (return receipt requested), (c) hand delivered, or (d) delivered by a nationally
recognized overnight courier addressed to the parties at the respective addresses set out in Article
1, or at such other addresses as specified by subsequent written Notice. If Notice is delivered by
the United States mail as stated in (a) above, the date of actual receipt shall be deemed the date
Notice is deposited in the United States mail, otherwise, the date of receipt shall be deemed the
date of service of Notice.
Environmental Management Page 11 of 23 Tenant Initial
Landlord Initial
ARTICLE 21. EMINENT DOMAIN
21.1 If more than twenty percent(20%)of the floor area of the Demised Premises should
be taken for any public or quasi-public use under any governmental law, ordinance or regulation
or by right of eminent domain or by private purchase in lieu thereof, this Lease shall terminate
and the rent shall be abated during the unexpired portion of this Lease, effective on the date the
Tenant vacates the Demised Premises.
21.2 If less than twenty percent (20%) of the floor area of the Demised Premises should
be taken as aforesaid, Tenant may elect to terminate this Lease, and the rent shall be abated
during the unexpired portion of this Lease.
21.2 Intentionally Deleted
21.3 If any part of the Common Area shall be taken aforesaid, this Lease shall not
terminate, nor shall the rent payable hereunder be reduced except that either Landlord or Tenant
may terminate this Lease if the area of the Common Area remaining following such taking plus
any additional parking area provided by Landlord in reasonable proximity to the Office Building
shall be less than seventy percent(70%) in the area of the Common Area immediately prior to the
taking. Any election to terminate in accordance with this provision shall be evidenced by written
notice of termination delivered to the other party within thirty (30) days after the date physical
possession is taken by the condemning authority.
21.4 All compensation awarded for any taking (or the proceeds of private sale in lieu
thereof) of the Demised Premises or Common Area shall be the property of Landlord, and Tenant
hereby assigns its interest in any such award to Landlord; provided, however, Landlord shall have
no interest in any award made to Tenant for loss of business or for the taking of Tenant's fixtures
and other property if a separate award for such items is made to Tenant.
ARTICLE 22. MISCELLANEOUS
22.1 One or more waivers of any covenant, term or condition of this Lease by either
party shall not be construed as a waiver of a subsequent breach of the same covenant, term or
condition. The consent or approval by either party to or of any act by the other party requiring
such consent or approval not be deemed to waive or render unnecessary consent to or approval of
any subsequent similar act.
22.2 Whenever a period of time is herein prescribed for action to be taken by Landlord,
Landlord shall not be liable or responsible for, and there shall be excluded from the computation
of any such period of time, any delays due to strikes, riots, acts of God, shortages of labor or
materials, war, governmental laws, regulations, or restrictions or any other causes of any kind
whatsoever which are beyond the reasonable control of Landlord. At any time when there is
outstanding a mortgage, deed of trust or similar security instrument covering Landlord's interest
in the Demised Premises or the Office Building, Tenant may not exercise any remedies for
default by Landlord hereunder unless and until the holder of the indebtedness secured by such
mortgage, deed of trust or similar security instrument shall have received written notice of such
default and a reasonable time for curing such default shall thereafter have elapsed without such
default having been cured.
Environmental Mana„ement Page 12 of 23 Tenant Initial
Landlord Initial ` `
22.3 Neither this Lease, nor Tenant's continued occupancy of the Demised Premises are
conditioned upon the opening or continued occupancy of any store or business other than
Tenant's in the Office Building.
22.4 This Lease contains the entire agreement between the parties, and no agreement
shall be effective to change, modify or terminate this Lease in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such change,
modification or termination is sought.
22.5 Tenant agrees that it will from time to time upon request by Landlord execute and
deliver to Landlord a statement in recordable form certifying that this Lease is unmodified and in
full force and effect (or if there have been modifications, that this Lease is in full force and effect
as so modified) and further stating the dates to which rental and other charges payable under this
Lease have been paid.
22.6 Should any provision of this Lease be held invalid or unenforceable, the validity
and enforceability of all remaining provisions of this Lease shall not be affected thereby.
22.7 The terms, provisions, and covenants, contained in this Lease shall apply to, inure
to the benefit of and be binding upon the parties hereto and their respective heirs, successors in
interest and legal representatives except as otherwise herein expressly provided.
22.8 All amounts, liabilities and obligations in addition to rent which Tenant assumes or
agrees to pay or discharge pursuant to this Lease, together with any fine, penalty, interest or cost
which may be added for late payment thereof, shall constitute additional rent, and in case of
failure of Tenant to pay or discharge any of the foregoing, Landlord shall have the rights, powers
and remedies provided in this Lease or by law in the case of non-payment of rent.
22.9 During the term of this Lease, without the written consent of Landlord, which
consent shall not be unreasonably withheld, neither Tenant nor any person, firm or corporation,
directly or indirectly controlling, controlled by or under common control with Tenant shall
directly or indirectly operate, manage, conduct or have any interest in any commercial
establishment within four (4) miles of the Office Building, which performs any of the permitted
uses as specified in Section 1.7 except that any such commercial establishment existing at the
date of this Lease may continue to be operated, managed, conducted and owned in the same
manner as on the date of this Lease, provided there is no change in the size or trade name of such
commercial establishment.
22.10 Intentionally Deleted.
22.11 Tenant shall not, without Landlord's prior written consent (a) make any changes
to or paint the store front or(b) install any exterior lighting, decorations or painting or (c) erect or
install exterior signs, window, door lettering, placards, decorations or advertising media of any
type. All exterior signs, decorations and advertising media shall conform in all respects to the
sign criteria established by Landlord for the Office Building from time to time in the exercise of
its sole discretion, and shall be subject to prior written approval of Landlord as to construction,
method of attachment, size, shape, height, lighting, color, and general appearance. All signs shall
be kept in good condition and in proper operating order at all times. Landlord reserves the right
to designate a uniform type of sign for the Office Building to be installed and paid for by Tenants.
Environmental Mana„ement Page 13 of 23 Tenant Initial
Landlord Initial
22.12 Landlord Improvements. Landlord agrees to perform the improvements indicated
on Exhibit D.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and
year first above written.
ATTEST: Town Center Mall,L.P.
By: Grupo Zocalo, L.P., management
company for Landlord
CkX- Name: _
I6114-1
Title: _
General Partner:
ATTEST: TENANT,C' of Fort Worth
I By: v
Marty Hen ix Liby Watson
r
Citv Secretat Assistant City Manager
Contract Authorization
4-1 �—o APPROVED AS TO
Date FORM/�ND EGALITY
EXHIBITS: `�Z
Exhibit A Description of Property ASIS ANT CITY ATTORNEY
Exhibit B Rules and Regulations
Exhibit C Site Plan
Exhibit D Landlord Improvements
�I
J U� •'
Environmental Management Page 14 of 23 Tenant Initial
Landlord Initial
EXHIBIT A
Legal Description
A tract of land situated in the J.F. Ellis Survey Abstract No. 490, The John Thornhill Survey,
Abstract No. 1519, and the Lewis Wetmore Survey, Abstract No. 1649, all of Tarrant County,
Texas, also being all that certain tract of land known as Block 1, FORT WORTH TOWN
CENTER, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat
recorded in Volume 388-217, Pages 7-8, Deed Records of Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the intersection of the Southerly right-of-way line
of East Bolt Street with the Westerly right-of-way line of Interstate Highway 35W;
THENCE along the Westerly right-of-way line of said Interstate Highway 35W,the following
courses and distances:
South 00 degrees 26 minutes 49 seconds West, 446.76 feet to a 5/8 inch iron rod found;
South 00 degrees 49 minutes 25 seconds East, 225.77 feet to a 5/8 inch iron rod found;
South 00 degrees 00 minutes 50 seconds West, 147.70 feet to a 5/8 inch iron rod found,the
beginning of a curve to the right;
Along the arc of said curve to the right, through a central angle of 30 degrees 05 minutes 00
seconds, a radius of 660.07 feet, an arc length of 346.57 feet and a long chord of South 15
degrees 03 minutes 20 seconds West, 342.60 feet to a 5/8 inch iron rod found;
South 30 degrees 05 minutes 50 seconds West, 138.52 feet to a 5/8 inch iron rod with cap
stamped "Carter& Burgess" found, the beginning of a curve to the left;
Along the arc of said curve to the left, through a central angle of 25 degrees 09 minutes 06
seconds, a radius of 407.97 feet, an arc length of 179.09 feet and a long chord of South 17
degrees 31 minutes 17 seconds West, 177.66 feet to a 5/8 inch iron rod with cap stamped "Carter
& Burgess" found;
South 47 degrees 15 minutes 16 seconds West, 8.37 feet to a`Y' cut in concrete set in the
Northerly right-of-way line of Seminary Drive;
Environmental Management Page 15 of 23 Tenant Initial
Landlord Initial
Exhibit A (continued)
THENCE along the Northerly right-of-way line of said Seminary Drive the following courses and
distances:
North 89 degrees 37 minutes 00 seconds West, 1279.29 feet to 5/8 inch rod set, the beginning of a
curve to the right;
Along the arc of said curve to the right, through a central angle of 27 degrees 48 minutes 00
seconds, a radius of 460.90 feet, an arc length of 223.63 feet, and a long chord of North 75
degrees 43 minutes 00 seconds West,221.44 feet to a 5/8 inch iron rod with cap stamped "Carter
&Burgess" found;
North 61 degrees 49 minutes 00 seconds West, 60.21 feet to a 5/8 inch iron rod with cap stamped
"Carter& Burgess" found, the beginning of a curve to the left;
Along the are of said curve to the left,through a central angle of 26 degrees 30 minutes 17
seconds, a radius of 838.94 feet, an arc length of 388.09 feet and a long chord of North 75
degrees 04 minutes 09 seconds West, 384.64 feet to a 5/8 inch iron rod with cap stamped "Carter
& Burgess" set;
North 75 degrees 45 minutes 52 seconds West, 52.83 feet to a 7/8 inch iron rod found;
North 79 degrees 46 minutes 13 seconds West, 136.82 feet to a 5/8 inch iron rod set in the East
line of Missouri, Kansas and Texas Railroad right-of-way;
THENCE along the east line of the said railroad right-of-way, the following courses and
distances:
North 13 degrees 30 minutes 03 seconds West, 663.71 feet to a 5/8 inch iron rod set,the
beginning of a curve to the right;
Along the are of said curve to the right though a central angle of 05 degrees 52 minutes 20
seconds, a radius of 5679.65 feet, an arc length of 5 82.10 feet, and a long chord of North 10
degrees 33 minutes 53 seconds West, 581.85 feet to a"Y"cut in concrete found, in the South
right-of-way line of the aforementioned Bolt Street;
THENCE North 89 degrees 59 minutes 13 seconds East, along the said South line of Bolt Street,
2584.43 feet to the POINT OF BEGINNING, and containing 77.087 acres of land, more or less.
SAVE AND EXCEPT Lot 2, Block 1.
Environmental Nianagernent Page 16 of 23 Tenant Initial
Landlord Initial
Exhibit B
(Office Building Rules and Regulations)
Rules and regulations for the Office Building at the time of the execution of this Lease are as
follows:
1. Exterior doors shall not remain braced open while the air conditioning is functioning. All
doors braced open must use doorstops or hooks manufactured expressly for that purpose.
2. Use of the roof is reserved for Landlord.
3. Use of Common Areas for display racks, tables, sign standards, boxes or other purposes are
expressly forbidden unless authorized in writing by Landlord, except that Tenant hereby has
permission to continue to display a glass case with any of Tenant's signs in the first floor
lobby and the sign on the wall facing the main elevator on the second floor.
4. Loud speakers, televisions, phonographs, radios, flashing lights, or other similar devices shall
not be used in a manner so as to be heard or seen outside the Premises.
5. Tenant shall at all times keep the Premises in an orderly and sanitary condition and shall
promptly remove all trash and garbage to the appropriate collection areas designated by
Landlord. Common Areas shall not be used by Tenant for temporary trash storage, nor shall
trash containers located in the Common Areas be used for trash disposal.
6. Tenant allows no animals of any kind in the Office Building (except for "seeing eye" dogs
and those in pet stores).
7. Seasonal decorations are not to be attached to the exterior storefronts without Landlord's prior
written consent.
8. All deliveries shall be accepted as quickly as possible in the designated loading zones.
9. Tenant shall keep the Premises at temperatures sufficiently high enough to prevent freezing
of water pipes and fixtures.
10. Plumbing facilities will not be used for any purpose other than that for which they are
constructed. No foreign substance of any kind shall be deposited therein. The expense of any
breakage, stoppage, or damages resulting from a violation of this rule shall be borne by
Tenant if Tenant or its employees or invitees shall have caused the breakage, stoppage or
damage. Any restaurant facilities shall be responsible for the cost of regular maintenance in
cleaning of the grease traps servicing their Premises.
11. Tenant's employees shall use only those portions of the parking areas of the Office Building
as may be designated by Landlord from time to time. Tenant shall, if requested by Landlord,
furnish to Landlord a complete list of the license plate numbers of all vehicles operated by
Tenant's employees. Such vehicles may be towed at Tenant's expense if parked in areas other
than those designated by Landlord.
Environmental NI 'lanagementPage 17 of 23 Tenant Initial
Landlord Initial
Exhibit B (Continued)
12. There shall be no cooking of food on an open flame in the Premises, sale or use of alcoholic
beverages from or on the Premises other than as permitted pursuant to Section 7.01 of this
Lease without the prior written consent of the Landlord.
13. Landlord reserves the right to amend, modify, delete or add new additional rules and
regulations for the use and care of the Office Building, the Premises and the Common Areas
with thirty (30) days written notice to Tenant. Landlord shall grant Tenant a right to respond
and request consideration to Landlord's notice in writing within thirty (30) days of receiving
said Landlord notice.
14. Intentionally Deleted.
15. The entrance doors to the Premises shall remain locked at all times when the Premises are not
in use.
16. Tenant shall maintain control of, and be responsible for, all keys issued to Tenant for the
Office Building and Premises, and shall return all such keys to Landlord upon termination of
this Lease. No duplicate or copy keys shall be made or obtained by Tenant without the prior
written consent of Landlord. The loss or theft of any key shall be reported to Landlord as
soon as possible(but in any event within one business day)after Tenant becomes aware of it.
17. Office Building hours are 7:00 a.m. to 6:00 p.m. Monday through Friday
18. Landlord shall supply Tenant with key card access to Office Building for after hours use
only. Tenant shall not be permitted to give the key card access to anyone other than his own
employees.
19. Landlord shall have the right to control and operate the Common Areas and all facilities
furnished for the common use of Landlord's tenants, in such manner, as it deems best for the
benefit of such tenants generally. .
20. Freight, furniture, business equipment, merchandise and bulky matter of any description
ordinarily shall be delivered to and removed from the Premises only at times and through the
entrances and corridors designated by Landlord. Special arrangements shall be made for
moving large quantities of furniture and equipment into or out of the Office Building.
21. Canvassing, soliciting or peddling in the Office Building or Common Areas is prohibited and
each tenant shall cooperate to prevent it.
22. All deliveries or shipments of any kind to and from the Premises, including loading and
unloading of goods, shall be made only by way of the rear of the Office Building or at any
other location designated by Landlord, and only at such time as may be designated for such
purpose by Landlord.
Environmental Manauement Page 18 of 23 Tenant Initial l uo `• '"`
Landlord Initial
Exhibit B (Continued)
23.Garbage and refuse shall be kept in the kind of container specified by Landlord and shall
be placed at the location within the Office Building designated by Landlord for collection
at the time specified by Landlord from time to time. Tenant shall store soiled or dirty
linen in approved fire rating organization containers.
24.The outside areas immediately adjoining the Premises shall be kept clean and free from
dirt and rubbish by Tenant, and Tenant shall not place, suffer or permit any obstructions
or merchandise in such areas.
25.Intentionally Deleted.
26.Tenant shall not place, suffer or permit displays; decorations or shopping carts in any
Common Areas or on the sidewalk in front of or adjoining the Premises.
27.Landlord shall at all times maintain the heating and air-conditioning equipment within the
Premises and at all times maintain temperatures in the Premises consistent with the
temperatures in the enclosed Common Areas, if any, and in a manner which will not
cause any decrease in the Common Area temperature while the areas are being heated or
any increase in the Common Area temperatures while those areas are being cooled.
28.Tenant shall not use, permit or suffer the use of any portion of the Premises as living,
sleeping or lodging quarters.
Emvirunrriental Management Page 19 of 23 Tenant Initial
Landlord Initial
EXHIBIT C
Site Plan
Environmental Management Page 20 of 23 Tenant Initial
Landlord Initial
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EXHIBIT D
Tenant Improvements
Itemized list of construction for Suite 552 at 4200 South Fwy Ft. Worth Texas 76115
Carpet: $12,617.49
• Demolition of all existing carpet
• Demolition of all existing base
• Installation of Shaw carpet "molted rust "color in entire suite.
• Install carpet base to match"molted rust" carpet in entire suite
Doors: $4,540.74
• Two (2) standard storefront doors in Raco Bronze at entry
• Two (2) standard storefront sidelights in Raco Bronze at entry
• Two (2) electric strike door locks with door closures and access released buttons
• Installation of doors, frames, hinges, and passage handles
Exhaust vent: $1,236.00
• One (1) exhaust vent system for filter room installed 50 inches A.F.F. vent to be
vented to exterior of building.
• All electrical included for exhaust operation
Paint with labor: $5,853.66
• Tenant to select color of all walls and provide same to Landlord, based on
Landlord provided selection.
• Landlord to provide all labor to install tenant provided color
Other remodeling costs: $18,140.77
• Demolition of existing walls as shown on Exhibit C.
• Demolish all cabinets and bookshelves as directed by tenant
• Demolition of existing electric outlets and light switches as directed by Tenant.
• Demolition of doors frames hardware and locks as shown on Exhibit C
• Installation of new walls to complete tenant approved configuration as shown on
Exhibit C
• Installation of building standard doors for new offices as shown on Exhibit C
• Installation of building standard elect outlets and light switches as directed by
Tenant.
• Wiring of lights and light fixtures as needed
• Tape and bed all new walls
• Provide and install one sink in break room as shown on Exhibit C
• Install 8 if of base cabinets and counter tops
Environmental Managemew Page 21 of 23 Tenant Initial
Landlord Initial
• Install 81f of wall hung "upper"cabinets as directed by Tenant.
• Install VCT in break room. Building standard. as directed by Tenant.
Environmental IVlanagement Page 22 of 23 Tenant Initial
Landlord Initial
Environmental Management Page 23 of 23 Tenant Initial
Landlord Initial
EXHIBIT E
ACCEPTANCE OF PREMISES
BUILDING NAME:
ADDRESS:
As the tenant of suite# , or as its duly authorized representative, I hereby certify that
Tenant has accepted the premises effective as of , 2006, and all tenant
improvements as set forth in the Lease agreement have been completed in a manner satisfactory
and acceptable to Tenant.
TENANT NAME
(Signature)
Name:
Title:
Boxerpropm ancorp.10/02.tenant.aeee pt an ce.l etter
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/11/2006
DATE: Tuesday, April 11, 2006
LOG NAME: 52LAGRAN REFERENCE NO.: **C-21395
SUBJECT:
Authorize a Lease with Town Center Mall, LP. for Office Space Located in La Gran Tower for the
Environmental Management Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a five-year lease with Town
Center Mall, LP for office space located in La Gran Tower, 4200 South Freeway, for the Environmental
Management Department.
DISCUSSION:
The Air Quality Program of the Environmental Management Department has been located at 5000 MLK
Freeway (the former Southeast Service Center) since 1992. Over the years, the Air Quality Program has
grown in scope and personnel. The funding level has increased from one State contract in 1992 for
approximately $90,000.00 to currently five State contacts totaling $928,217.00. Staffing has increased
from five positions to 14 and another position will be required in the next year.
It is proposed that the city lease 6,108 square feet on the fifth floor of the La Gran Tower for the Air Quality
Division. City staff negotiated a lease rate of $8.00 per square foot for the first three years of the lease and
$10.00 per square foot for the fourth and fifth years of the lease. The annual lease amount will be $48,864
for the first three years and $61,080 for the last two years.
The lease term is June 1, 2006 through May 31, 2011. With the lease term beginning June 1, the total
lease cost for 2005-06 is $12,216.00. The five-year lease is contingent on annual State contract renewals.
In addition, the City will pay construction costs associated with renovation of the space. The not-to exceed
amount for these improvements is $42,389.00.
The lease payments and construction costs will be allocated to the five State contracts and paid from the
Grants Fund.
The La Gran Tower is located in COUNCIL DISTRICT 9.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/25/2006
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 052412958010 $4,292.50
GR76 539120 052412957020 $1,473.50
GR76 539120 512412959020 $1,473.50
GR76 539120 052412044010 $1,799.50
GR76 539120 052412040010 $3,177.00
GR76 536010 052412958010 $14,896.00
GR76 536010 052412957020 $6,244.00
GR76 536010 052412959020 $5,112.00
GR76 536010 052412044010 $5,112.00
GR76 536010 052412040010 $11,025.00
Submitted for City Manager's Office by; Libby Watson (6199)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Michael Gange (6647)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/25/2006