HomeMy WebLinkAboutContract 33505 CITY SECRETARY
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: May 15, 2006.
1.2 TERM OF LEASE: 1 month beginning on May 15, 2006 and ending on
June 14, 2006.
1.3 FIXED MONTHLY RENTAL: The annual rent shall be $0.00.for 2718
rentable sq. ft.
1.4 RIGHT TO RENEW: Tenant shall have the right to renew this lease for
two additional weeks at no cost to Tenant.
1.5 ADDITIONAL COSTS: In consideration of this lease and the right to
renew, Tenant shall pay $1,727.75 for insurance, common area
maintenance and electricity. Landlord acknowledges and agrees that
Tenant shall not be responsible for any other costs over $1,727.25 while
this lease is in effect.
1.6 Intentionally Deleted.
1.7 TRADE NAME OF TENANT: City of Fort Worth Parks and Community
Services Department"RECIPE for Success Dress Apparel
1.8 PERMITTED USE: Administrative Offices
ADDRESS OF TENANT: 4200 S. Freeway, Suite 2315
Fort Worth, Texas 76115
Copy to: City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102 ��
ADDRESS OF LANDLORD: La Gran Plaza
4200 S. Freeway, Suite 1800
Fort Worth, Texas 76115
Code Compliance Page 1 of 23 Tenant Initial
Landlord Initial
� w tjI'
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, 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 1039 containing
approximately 2,718 rentable square feet.
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 May 8, 2006. The Lease
Year begins on the rental commencement date.
ARTICLE 4.
4 L .
Code Compliance Page 2 of 23 Tenant Initial 4--w
Landlord Initial
4.1 Intentionally Deleted.
4.2 Tenant shall pay to Landlord the Additional Costs in the amount specified in
Paragraph 1.5 of Article 1.
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
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 the Office Building, however, in the event that Landlord
Code Compliance Page 3 of 23 Tenant Initial
Landlord Initial �'
��'J i�,[
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 Door Key and Key Card Access. Landlord shall provide
Tenant 2 Keys. Landlord shall keep such Key Access in good repair.
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.
Code Compliance Page 4 of 23 Tenant Initial L-W
Landlord Initial_
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 Demised 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.
Code Compliance Page 5 of 23 Tenant Initial 1-0
Landlord Initial_
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 shall 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 Leona Johnson (817-996-5840) or Sylvia Tobias (817-
871-5770) 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.
Code Compliance Page 6 of 23 Tenant Initial
Landlord Initial
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
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
Code Compliance Page 7 of 23 Tenant Initial
Landlord Initial
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, 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
Code Compliance Page 8 of 23 Tenant Initial
Landlord Initial
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 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,
Page 9 of 23 Tenant Initial LAI)
Landlord Initial
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 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.
Code Com p1' Page 10 of 23 Tenant Initial J v
Landlord Initial
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 pay 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
Code Compliance Page 11 of 23 Tenant Initial /,0
Landlord Initial)(L
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)
Code Compliance Page 12 of 23 Tenant Initial Lc�
Landlord Initial_,�(�
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.
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.
Corte Compliance Page 13 of 23 Tenant Initial L W
Landlord Initial
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.
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
Code Compliance Page 14 of 23 Tenant Initial LW
Landlord Initial
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.
22.12 Landlord Improvements.
[not applicable]
Code Compliance Page 15 of 23 Tenant Initial
Landlord Initial_
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the
day and year first above written.
Town Center Mall,L.P.
By: Boxer Property Management Corp.
Manage me Company for Landlord
By:
Name:
Title:
General Partner: Vice President—
ATTEST:
residen—ATTEST: TENNT, City of Fort Worth
Marty Hendr Libby Watso
City Secretary Assistant City Manager
Appr d as to Form and Legality
4
Assistant City Attorney
E
M&C REQUIRED
EXHIBITS:
Exhibit A Description of Property
Exhibit B Rules and Regulations
2
mic t -mlpis:mcc Page 16 of 23 Tenant Initial
Landlord Initial "" l
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"+" cut in concrete set in the
Northerly right-of-way line of Seminary Drive;
.•.n np�,l� c;r
Code Compliance Page 17 of 23 Tenant Initial
Landlord Initial _ f�
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 arc 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 arc 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.
Code Compliance Page 18 of 23 Tenant Initial LW
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
Code Compliance Page 19 of 23 Tenant Initial /-W
Landlord Initial
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.
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
Code Compliance Page 20 of 23 Tenant Initial LW
Landlord Initial
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.
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.
Code Compliance Page 21 of 23 Tenant Initial
Landlord Initial �
(�"rl
. . . . . . . . . . . . . .
8 09
• . • • •t. . • . .
. . . . . . . . . .
F.
4200
-9 uN T y.m�r 1
ForA Wwa T.-7611e
�F
was ' � '. ,I �..___�• _`_�_•_�__�___
19� ,
Al I
4200 S Fwy
Suite 1039
A pprx 2718 Sq.Ft.
C�
FORTWORTH
Leann D. Guzman Direct Dial(817)392-8973
Assistant City Attorney Leann.Guzman@fortworthgov.org
May 10, 2006
Ms. Judy McDonald
Executive Director
Workforce Solutions for Tarrant County
2601 Scott Avenue, #400
Fort Worth TX 76103
Re: Lease at La Gran Plaza
Dear Ms. McDonald:
The City of Fort Worth ("City") has agreed to enter into a rent-free triple net lease with La
Gran Plaza (the "Lease")for one month for the purpose of leasing space for the RECIPE
for Success Dress Apparel storefront which supplies donated clothing to Katrina guests.
Workforce Solutions for Tarrant County ("WSTC") has agreed to pay to La Gran Plaza
the following fees associated with the Lease:
(a) taxes; 92A
(b) insurance;
(c) common area maintenance in the amount of$792.75 per month; and
(d) utilities in the amount of $935.00, to be made payable to La Gran Plaza,
and delivered to the City of Fort Worth no later than May 12, 2006.
In addition, WSTC has agreed to provide City with a cellular phone for use during the
term of the Lease and to pay all charges associated with the cellular phone.
If Workforce Solutions is in agreement with the above, please sign below and return to
me by May 10, 2006 at 5:00 pm. If we do not receive a signed original of this letter by
that time, the terms outlined above shall expire.
Thank you for your cooperation and please do not hesitate to contact me if you have any
questions.
Sincerely,
eann D. Guzman
Assistant City Attorney
AGREEMENT AS TO CONTENT: AG MENT AS TO CONTENT:
Judy cDo d Libby Watso
Exe utive Director Assistant City Manager
Workforce Solutions of Tarrant County City of Fort Worth