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Contract 49133
CRY SECRETARY f; State of Texas CONTRACT NO. County of Tarrant LEASE AGREEMENT This Lease Agreement("Lease"), made and entered into by and between LANDLORD: Dressman & Mitchek Real Estate Holdings LLC hereinafter referred to as "Landlord," and TENANT: City of Fort Worth, a home-rule municipal corporation of the State of Texas hereinafter referred to as "Tenant." 1. PREMISES: Landlord in consideration of the covenants and agreements to be performed by Tenant and upon the terms and conditions hereinafter stated, does hereby lease, demise and let unto Tenant certain office space in the building('Building")located at 6737 Brentwood Stair Road,Fort Worth, Texas, 76112 known as Suite No. 212 , as shown on the floor plan that is attached hereto as Exhibit"A"and containing approximately 708 rentable square feet("Leased Premises"). 2. TERM: This Lease shall be for a term of nineteen (19)months, commencing on April 12, 2017 and ending September 30, 2018 , with three automatic (1)year successive terms renewals to expire September 30, 2021. 3. USE: The Leased Premises shall be used for no other purpose than a Fort Worth Police Department Office. Tenant shall not perform any acts or carry on any practices that may injure the Building or be a nuisance to other tenants in the Building, or use the Leased Premises for any business or purpose, which is unlawful or violative of any applicable governmental laws,rules or regulations or city ordinances. 4. QUIET ENJOYMENT: Subject to other terms and provisions hereof, Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Leased Premises. 5. BASE RENTAL: Tenant agrees and shall pay to the Landlord as base rent for the Leased Premises during the said Term,the total sum of 0.00,M,payable in monthly payments of 0.00 dollars ,being due and payable in advance,without demand,set off or abatement, on the first day of each calendar month during the Term of this Lease. 6. ADVANCE RENT: Simultaneously with the execution of this Lease, Tenant does hereby pay and deliver to the Landlord the sum of 0.00 dollars($), $ to be applied to the first mo tal and the remainder($0)to be held as a security deposit. g 910 t r2 q� m 7. CONSTRUCTION: NA OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX �Ly2� ll O�g� L 8. SERVICES: Landlord agrees to furnish Tenant while occupying the Leased Premises the following services at Landlord's expense, except as provided in Paragraph 9, and in the manner and to the extent deemed by Landlord to be standard in its sole discretion. (a) Hot, cold and refrigerated water at those points of supply provided for general use of tenants; (b)elevator service in common with other tenants: (c)janitorial cleaning services for the common areas of the Building and to the Leased Premises; (d)heated and refrigerated air conditioning at such times as Landlord normally furnishes such services to all other tenants in the Building and at such temperature and in such amounts as are considered by Landlord to be standard for the Building. (Such services on Sunday and holidays are to be optional on the part of the Landlord); (e) electric service limited to electricity for heat, air conditioning, light and the operation of ordinary office business machines such as typewriters, adding machines,dictating equipment,desk top calculators,personal computers,and hair/nail care equipment. Landlord will not furnish electrical power for the operation of any equipment, machinery, computers, data processing equipment, extra lighting, or other electrical services not standard for the Building, except after Landlord's prior written consent. Landlord may at its option and in its sole discretion require Tenant at Tenant's expense to either separately meter or employ any other methods that will adequately measure electrical usage for the purpose of determining additional electrical charges and Tenant agrees to pay Landlord monthly as billed for such additional charges. The temporary cessation or stoppage of the above defined services, resulting from causes beyond the control of Landlord or from any other cause, shall not render the Landlord liable in any respect, for damages to either person or property,nor be construed as an eviction of Tenant nor work an abatement of rent nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of Landlord's equipment or machinery necessary for Landlord to provide Tenant with any of the foregoing services break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruptions in services occasioned thereby or resulting therefrom. 9. COMMON AREAS: The "Common Area"of the Building as it shall exist from time to time shall be that part of the Building designated by Landlord from time to time for the common non- exclusive use of all tenants, including among other facilities,the parking, sidewalk and landscaped areas adjacent to the Building and owned by the Landlord, and the halls, lobbies, delivery passages, elevators, drinking fountains,public toilets and the like,all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such manner as Landlord's discretion shall determine. Landlord reserves the right to change from time to time the dimensions and location of the Common Area and Landlord shall have the right to designate parts of the Building that are not Common Area and are not available for use or access by Tenant and its employees and invitees. 10. MAINTENANCE: Landlord agrees to maintain and keep in good repair the Building roof and exterior outside walls of the Building,the structural parts of the Building and the common building corridors, stairways, and common building facilities, excepting normal wear and tear, damage by fire or casualty, breakdown and other circumstances beyond Landlord's control. Landlord shall be responsible for replacement of windows and side lights unless the breakage or damage results from the negligence or intentional act of Tenant or Tenant's employees,agents, guests, contractors or invitees. Landlord shall not be responsible or liable to Tenant for interruption of Building services or for interference with Tenant's use and occupancy due to Building repairs or other interference. Tenant shall at all times maintain the interior of its Leased Premises and all facilities therein in good condition and repair and Tenant shall commit no waste or damage to the Leased Premises. Tenant is responsible for the cost to repair any damage to the Lease Premises caused by the tenant other than normal wear and tear. 11. ACCESS TO PREMISES: The Landlord shall have the right to enter upon the Leased Premises at all reasonable hours with 24 hour notice for the purpose of inspecting the same, and if the Landlord deems any repairs necessary it may demand that the Tenant make the same forthwith, normal wear and tear excepted. If the tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch,the Landlord may make or cause such repairs to be made and shall not be liable or responsible to the Tenant for any loss or damages that may accrue to its property or business by reason thereof, and if the Landlord makes or causes such repairs to be made,the Tenant agrees that it will forthwith on demand pay to the Landlord the cost thereof with interest at 10%per annum, and if the Tenant shall default in such payment,the Landlord shall have the remedies provided in Article 30 hereof. 12. ALTERATIONS &IMPROVEMENTS: The Tenant shall not make any alterations, additions or improvements in or to said Leased Premises or introduce any electrical apparatus, wires or plumbing therein without the prior written consent of the Landlord. 13. CONSTRUCTION: See Paragraph 7. 14. SIGNS: The Tenant shall abide by the Building rules and regulations regarding the installation of signs, advertising media, and lettering, and shall not make any installation of such without the written approval of the Landlord. 15. DESTRUCTION OF PREMISES: In the event that(a)the Leased Premises are damaged or destroyed by fire, or other casualty, or, (b)the building is damaged by fire or other casualty to an extent such as to substantially impair Landlord's operations thereof (whether or not such damage extends to the Leased Premises),then in either event Landlord may, at its option, terminate this Lease by written notice to Tenant given within sixty(60) days following the date of the fire or other casualty, or Landlord may repair or rebuild the damaged portion of the Building to substantially the same condition as existed prior to the fire or other casualty. If fire or other casualty renders the Leased Premises un-tenantable, the rental payments hereunder shall abate from the time of such damage or destruction until the Leased Premises are again ready for occupancy. Nothing herein shall be deemed, however,to render Landlord liable to repair or restore the Leased Premises or to abate the rent where the damage results from the act or neglect of the Tenant, its employees, agents, contractors, invitees or guests, and in such latter event or events the repair shall be made by Tenant at Tenant's expense;provided, if the damage results from a peril covered by Landlord's fire and extended coverage insurance,then the repairs shall be made by the Landlord to the extent of the insurance proceeds available and any excess thereover including any deductible amounts payable in connection therewith shall be paid by Tenant. 16. INDEMNITY; WAIVER OF LIABILITY; WAIVER OF SUBROGATION. (a) INDEMNITY. TENANT SHALL RELEASE LANDLORD AND ITS AFFILIATED COMPANIES AND PARTNERS AND THEIR AGENTS,DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, HEIRS,DEVISEES, PERSONAL AND LEGAL REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY "INDEMNITIES")FROM ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, JUDGMENTS, CAUSES OF ACTION, LIENS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING COURT COSTS,ATTORNEYS'FEES,AND COSTS OF INVESTIGATION) OF ANY KIND OR NATURE ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY OCCURRING ON, IN, OR ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY AN ACT OR OMISSION ON THE PART OF TENANT OR ANY INVITEE, LICENSEE, EMPLOYEE,DIRECTOR, OFFICER, SERVANT, CONTRACTOR, SUBCONTRACTOR, OR TENANT OF TENANT, OR BY ANY BREACH, VIOLATION, OR NONPERFORMANCE OF ANY COVENANT OF TENANT UNDER THIS LEASE (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO THE CONCURRENT NEGLIGENCE OF ANY INDEMNITIES. (b) WAIVER OF LIABILITY. IN NO EVENT SHALL THE INDEMNITIES EVER BE LIABLE IN ANY MANNER TO TENANT OR ANY OTHER PARTY AS A RESULT OF THE ACTS OF LICENSEES, INVITEES OR OTHERS. ALL PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION,ALL MOTOR VEHICLES,UPON THE LEASED PREMISES AND COMMON AREAS SHALL BE AT THE RISK OF TENANT ONLY AND THE INDEMNITIES SHALL NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF. (c) WAIVER OF SUBROGATION. NO PARTY SHALL HAVE ANY RIGHT OR CLAIM AGAINST ANY INDEMNITIES FOR ANY PROPERTY DAMAGE (WHETHER CAUSED BY NEGLIGENCE OR THE CONDITION OF THE LEASED PREMISES OR ANY PART THEREOF) BY WAY OF SUBROGATION OR ASSIGNMENT, TENANT HEREBY WAIVING AND RELINQUISHING ANY SUCH RIGHT. To the extent Tenant chooses to insure this property, Tenant will request its insurance carrier to endorse all applicable policies waiving the carrier's right to recovery under subrogation or otherwise in favor of any Indemnities and provide a certificate of insurance verifying this waiver. 17. TENANT'S INSURANCE: Tenant shall, at its sole expense, maintain in effect at all times during the Lease Term, insurance coverage with limits not less than those set forth below with insurers licensed to do business in Texas: INSURANCE MINIMUM LIMITS A. Workers'Compensation Statutory Employers Liability $100,000 B. Commercial General Liability $1,000,000 each Bodily Injury/Property Damage occurrence or equivalent This policy shall be on a form acceptable to Landlord, endorsed to include the Indemnities as additional insured, state that the insurance is primary over any other insurance carried by Landlord, and shall include the following coverages: a) Premises/Operations; b) Independent Contractors; c) Broad Form Contractual in support of the Indemnity Section of this Lease; and d) Personal Liability with contractual and employee exclusions removed C. Comprehensive Automobile $100,000 Liability $250,000 Bodily Injury/Property Damage $100,000 Evidence of these coverages represented by Certificates of Insurance issued by the insurance carrier must be furnished to Landlord prior to tenant moving in. Certificates of Insurance shall specify the additional insured status mentioned above as well as the waivers of subrogations. Such Certificates of Insurance shall state that Landlord will be notified in writing thirty days prior to cancellation,material change,or non-renewal of insurance. Notwithstanding anything herein to the contrary, Tenant 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 Tenant would ultimately be found liable would be paid directly and primarily by Tenant and not by a commercial insurance company. 18. REDELIVERY: Upon the termination of this Lease, Tenant shall deliver the Leased Premises to Landlord in as good a condition as when originally occupied by Tenant,normal wear and tear excepted. Subject to the provisions of Section 15 hereof, all permanently affixed alterations and improvement to the Leased Premises including,but without limitation,wall paneling, wallpaper, ceiling or floor tile, linoleum, carpeting or other floor covering, built-in cabinets and shelves, electrical wires, fixtures and apparatus,plumbing and plumbing fixtures, shall become the property of the Landlord upon termination of this Lease or upon Landlord's re-entry upon Tenant's default. All other personal property placed in the Leased Premises shall be the property of Tenant upon termination of this Lease; provided, that Tenant shall, to Landlord's reasonable satisfaction, repair and restore all marred or unsightly surfaces resulting from Tenant's removal of such personal property. Failure by Tenant to promptly remove said personal property and trade fixtures upon termination shall be deemed an abandonment thereof and Landlord shall be entitled to make such disposition of them as it deems advisable. 19. ASSIGNMENT AND SUBLETTING: Tenant shall not assign its rights under this Lease nor sublet the Leased Premises, in whole or in part, without the prior written consent of the Landlord. 20. CONDEMNATION: Should the Leased Premises or the Building be taken by eminent domain proceedings or condemned in whole or in part for public purposes,then the term of this Lease shall, at the option of the Landlord, forthwith terminate. Landlord shall receive the entire award from such taking or threatened taking, and Tenant shall have no claim thereto. 21. RULES: Tenant and Tenant's agents, employees, customers, contractors and invitees, will comply fully with all requirements or rules of the Building which are attached and made a part hereof as though fully set out herein. Landlord shall at all times have the right to change such rules and regulations or to amend them in such a manner as may be deemed advisable for safety, care and cleanliness of the Leased Premises and for preservation of good order therein, all of which rules and regulations,changes, amendments,will be forwarded to Tenant in writing and shall be carried out and observed by Tenant. In the event of a conflict between these rules and regulations attached hereto and this Lease,the provisions of the Lease shall control. 22. NUISANCE: Tenant will conduct its business, and control its agents, employees, customers, contractors and invitees in such a manner as not to create any nuisance, interfere with, annoy, or disturb other tenants or Landlord. 23. LANDLORD'S LIEN: NA 24. LIENS: Tenant shall have no authority, expressed or implied,to create or place any lien or encumbrance of any kind of nature whatsoever, upon, or in any manner to bind,the interest of Landlord in the Leased Premises or the Building or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the leasehold interest granted to Tenant by this instrument.Any right or authority given hereunder to Tenant by this instrument to erect,or cause to be erected, any improvements on the Leased Premises shall not constitute an expressed or implied agency in Tenant to bind Landlord's interest in any way, and the relationship between the parties hereto shall always be that of Landlord and Tenant. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Leased Premises upon which any lien is or can validly and legally be asserted against its leasehold interest and the Building,the Leased Premises or the improvements thereon. 25. HOLDING OVER: In the event Tenant remains in possession of the Leased Premises after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupying said Leased Premises as a tenant from month to month at a rent equal to the rental (including any Additional Rental)herein provided,plus fifty percent(50%)of such amount and otherwise subject to all the conditions,provisions and obligations of this Lease insofar as the same are applicable to a month-to- month tenancy. 26. TRANSFER OF LANDLORD'S RIGHTS: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of his rights and obligations hereunder and in the Building and property referred to herein. Such transfers or assignments may be either to a corporation,trust company, individual, or group of individuals,and howsoever made are to be in all things respected and recognized by Tenant, and upon such transfer Landlord shall be released from all liability under this Lease. 27. RELATIONSHIP OF THE PARTIES: Nothing contained herein shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture the parties hereto, it being understood and agreed that the only relationship between the parties is that of Landlord and Tenant. 28. EARLY TERMINATION: Both Landlord and Tenant may termination this Lease Agreement without cause with providing 30 day written notice to other party. 29. DEFAULT: In the event: (a)Failure by Tenant to timely pay Base Rent, Additional Rental or any other sums due hereunder; (b)Tenant fails to comply with any term,provision, condition, or covenant of this Lease or any of the rules and regulations now or hereafter established for the government of the Building prior to the expiration of a period of ten(10)days following Tenant's receipt of written notice describing such failure; (c)Tenant deserts or vacates the Leased Premises; (d)Any petition is filed by or against Tenant 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; (e) Tenant becomes insolvent or makes a transfer in fraud of creditors; (f) Tenant makes an assignment for benefit of creditors; or(g)A receiver is appointed for Tenant or any of the assets of Tenant,then in any such events, Landlord shall have the option to do any one or more of the following without any notice or demand, in addition to and not in limitation of any other remedy permitted at law or in equity or by this Lease: (i)Terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, but if Tenant shall fail to do so, Landlord may, without notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and its effects,by force if necessary, without being liable to prosecution or any claim for damages therefore. (ii)Declare the entire amount of the Rent which would have been due and payable during the remainder of the Term of this Lease to be due and payable immediately, in which event, Tenant agrees to pay the same at once,together with all rents theretofore due, to Landlord at the address specified herein or hereunder;provided, however,that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the said Term. The acceptance of payment by Landlord shall not constitute a waiver of any failure of Tenant thereafter occurring to comply with any term, provision, condition or covenant of this Lease. (iii)Enter upon and take possession of the Leased Premises as the agent of Tenant,by force if necessary, without terminating this Lease and without being liable to prosecution or any claim for damages therefore, and Landlord may relet the Leased Premises as the agent of the Tenant and receive the rent therefore; and in such event, Tenant shall pay Landlord the costs of renovating,repairing and altering the Leased Premises for a new tenant or tenants and any deficiency that may arise by reason of such reletting, on demand at the address of Landlord specified herein or hereunder;provided, however,the failure or refusal of Landlord to relet the Leased Premises shall not release or affect Tenant's liability for rent or for damages and such rent and damages shall be paid by Tenant on the dates specified herein. 30. LEGAL: If one account of any breach or default by Tenant in its obligations hereunder occurs, Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any attorney's fees incurred by Landlord in such connection, and other expenses incident thereto as Additional Rent hereunder. It is specifically understood and agreed that in case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provision of this Lease,or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, and a breach shall be established,Tenant shall pay to Landlord all expenses incurred therefore, including attorney's fees. 31. REMEDIES: No act or thing done by Landlord or its agents during the Term hereof shall be deemed an acceptance of a surrender of the Leased Premises, and no agreement to accept a surrender of the Leased Premises, shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy Landlord might have, either at law or in equity, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease contained or any of the rules and regulations attached hereto or hereafter adopted by Landlord prevent a subsequent act which would have originally constituted a violation,from having all the force and effect of an original violation. The receipt by Landlord of Rent with knowledge of the breach of any covenant in this Lease contained shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached hereto, or hereafter adopted, against Tenant and/or any other tenant in the Building, shall not be deemed a waiver of any such rules and regulations. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord. 32. BANKRUPTCY: Neither Tenant's interest under this Lease, nor any interest of Tenant therein nor any leasehold estate hereby created shall pass to any trustee or receiver in bankruptcy, or to any other receiver or assignee for the benefit of creditors or otherwise by operation of law. 33. FORCE MAJEURE: Neither party shall be liable or responsible for any inconvenience, delay, damage or injury occasioned by theft, fire, act of God,public enemy, injunction, civil disorder, strike, war, court order, requisition, or order of governmental authority, or any other matter beyond the party's control whatsoever. 34. SUBORDINATION: Tenant hereby subordinates this Lease and all rights of Tenant thereunder to any mortgage or mortgages, or vendor's liens, or similar instruments which now are or which may from time to time be placed upon the Leased Premises covered by this Lease; and such mortgage or mortgages or liens or other instruments shall be superior to and prior to this Lease. Tenant further covenants and agrees that if any mortgage or other lien holder acquires the Leased Premises by foreclosure, or if any other person acquires the Leased Premises as a purchaser at any such foreclosure sale (being each hereinafter referred to as the "Purchaser at Foreclosure"), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter,remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure, as Landlord, and Tenant, as Tenant, had been entered into for the remainder of the Term of the Lease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or instruments which may be deemed necessary or desirable further to effect the subordination of this Lease to each such mortgage, lien or instrument or to confirm any election to continue the Lease in effect in the event of foreclosure, as above provided. 35. BUILDING ADDITIONS: The Landlord hereby reserves the right at any time to build additional stories on the Building and, whether or not in connection with such construction,to run pipes, wires, conduits and ducts beneath the floor, above the ceiling, and through the walls of the Leased Premises. 36. RELOCATION: Intentionally Deleted. 37. SEVERABILITY: If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective during the Term of this Lease,then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be clause affected thereby. It is also the intention of the parties to this Lease,that in lieu of each clause or provision that is illegal, invalid or unenforceable,there be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause, or provision, as may be possible and be legal, valid and enforceable. 38. PARAGRAPH HEADINGS: The caption of each paragraph hereto is added as a matter of convenience only and shall be considered to be of no force or effect in the construction of any provisions of this Lease. 39. ACCESS FOR RELETTING: The Landlord may at any time within ninety(90) days before the expiration date of this Lease enter the Leased Premises at all reasonable hours for the purpose of showing the same for rent to third parties. 40. BINDING AFFECT: The provisions of this Lease shall be binding upon and inure to the benefit of Landlord and Tenant respectively, and to their respective heirs, administrators, executors,personal representatives, successors and permitted assigns. 41. ENTIRE AGREEMENT: It is expressly agreed by Tenant, as a material consideration for the execution of this Lease,that there are, and were no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this Lease shall not be altered,waived, amended, modified or extended otherwise that as provided herein, except same may be done in writing signed by each of the parties. 42. RECORDING: Tenant shall not record this Lease without the written consent of Landlord; however, upon the request of either party hereto,the other party shall join in the execution of a memorandum or so-called "short-form" of this Lease for the purpose of recordation. Said memorandum or short form of this Lease shall describe the parties,the Leased Premises and the Term of this Lease and shall incorporate the terms of this Lease by reference. 43. NOTICES: Any notice required or permitted to be given hereunder by one party to the other shall be deemed to be given when deposited in the United States Registered or Certified mail postage prepaid -return receipt requested addressed to the respective party to whom notice is intended to be given at the following address of such party: LANDLORD TENANT C/O William C. Jennings Co. City of Fort Worth 800 8th Avenue, Suite 340 Property Management Department Fort Worth, TX 76104 900 Monroe St., Suite 404 817-332-9669 Fort Worth, Texas 76102 With copies to: City of Fort Worth Police Department Bob Bolen Public Safety Complex 505 W Felix St. Fort Worth, Texas 76115 And City of Fort Worth City Attorney's Office 200 Texas St. Fort Worth, Texas 76102 44. CONSENTS: Except as may be otherwise herein provided, in all circumstances under this Lease where prior consent, approval or permission of one party("first party"), whether it be Landlord or Tenant, is required before the other party("second party") is authorized to take any particular type of action,the matter of whether to grant such consent, approval or permission shall be within the sole and exclusive judgment and discretion of the first party, and it shall not constitute any nature of breach by the first party hereunder or any defense to the performance of a covenant, duty or obligation of the second party hereunder that the first party delayed or withheld the granting of such consent, approval or permission was, in the opinion of the second party,prudent or reasonable or based on good cause. 45. CONSTRUCTION: The parties acknowledge that each party and its counsel, if it so chooses, have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments or exhibits hereto. 46. COUNTERCLAIMS: Tenant shall not for any reason withhold or reduce Tenant's required payments of rent and other charges provided in this Lease, it being agreed that the obligations of Landlord hereunder are independent of Tenant's obligations except as may be otherwise expressly provided. In this regard, it is specifically understood and agreed that in the event Landlord commences any proceedings against Tenant for non-payment of rent or any other sum due and payable by Tenant hereunder, Tenant will not interpose any counter-claim or other claim against Landlord of whatever nature or description in any such proceedings; and, in the event that Tenant interposes any such counter- claim or other claim against Landlord of whatever nature or description in any such proceedings; Landlord and Tenant stipulate and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counter-claim or other claim asserted by Tenant shall be severed out of the proceedings instituted by Landlord and the proceedings instituted by Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of such counter-claim or any other claim asserted by Tenant;provided, however,the provisions of this sentence do not apply to counter-claims or claims by Tenant which under the laws of the State of Texas, may only be asserted in the aforesaid proceedings brought by Landlord or be forever barred if not asserted in said proceedings. 47. LANDLORD'S LIABILITY: The liability of Landlord to Tenant for any default by Landlord under the terms of this Lease is limited to the proceeds of sale on execution of the interest of Landlord in the Leased Premises; and Landlord shall not be liable for any deficiency, except that Landlord shall, subject to the provisions of Section 28 hereof,remain liable to account to Tenant for any security deposit hereunder. This clause does not limit or deny any remedies that Tenant may have in the event of default by Landlord hereunder which do not involve the personal or corporate liability of Landlord. 48. TIME IS OF THE ESSENCE: Whenever a period of time is herein prescribed for action to be taken by Landlord or Tenant,time is of the essence;however, Landlord shall not be liable or responsible for, and there shall be excluded from the computation of any such period of time, any delays described in Section 34 hereof. 49. INTEREST: Payments due and unpaid under the Lease shall bear interest from the date the payment is due at the rate ("the Interest Rate")equal to the sum of the rate of interest then most recently announced by Texas Commerce Bank,National Association (downtown Fort Worth Branch Office), as it's prime rate plus two (20/6)percent per annum, the Interest Rate to be adjusted whenever and as often as said bank Interest Rate at any time exceeds the maximum interest rate then permitted by law. 50. COMPLIANCE WITH LAWS: Tenant shall promptly execute and comply with all federal, state and local ordinances, rules, regulations,restrictions and laws applicable to the Leased Premises and the Building, Tenant's business, and Tenant's use and occupancy of the Leased Premises and the Building, and the Sanitary,Police and Fire Departments for the correction,prevention and abatement of nuisances in or upon or connected with the Leased Premises during the term of this Lease at Tenant's expense. 51. DISCLAIMER: Tenant hereby agrees that Tenant has inspected the Leased Premises and has found them to be adequate for the purpose of satisfying its needs in connection with the Leased Premises. Landlord hereby specifically disclaims any warranty, guaranty, or representation, oral or written,past,present, or future, of,as to, or concerning(i)the nature and condition of the Leased Premises, and the suitability thereof, for any and all activities and uses which Tenant may elect to conduct thereon, (ii) the manner,construction, condition,and state of repair or lack of repair or lack of repair of any improvements located thereon, and(iii)the compliance of the Leased Premises or its operation with any laws, rules, ordinances, or regulations of a government or other body. TENANT EXPRESSLY ACKNOWLEDGES THAT TENANT IS LEASING THE LEASED PREMISES AND ACCEPTS THE SAME,AS IS, WHERE AS,AND WITHOUT ANY WARRANTIES OF ANY NATURE, EXPRESSED OR IMPLIED, TO BEING THE INTENTION OF LANDLORD AND TENANT EXPRESSLY TO NEGATE AND EXCLUDE ALL WARRANTIES, EXPRESSED OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION,ANY EXPRESSED OR IMPLIED WARRANTIES OF CONDITION,MERCHANTABILITY, SUITABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LEASED PREMISES OR ANY WARRANTIES,EXPRESSED OR IMPLIED, CONTAINED IN OR CREATED BY THE TEXAS UNIFORM COMMERCIAL CODE. 52. TEXAS LAW: This Lease and the obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas. 53. VENUE: All parties consent that venue of any litigation arising hereunder shall be in Tarrant County, Texas. 6 { IN'WITNESS WHEREOF,this Lease is entered into by the Parties hereto on the date and year first set forth below; EXECUTED this J day of w I LAND ORD: ressman&Mitchek Real Estate Holdings,LLC. By:James Dressman TENANT: City of Fort Worth, a home-rule municipal corporation of the State of Texas By: esus J,Cbapa Assistant City Manager Date: CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,Including ensuring all performance and reporting requirements. Name: C & �' Isn 01 Title: An 1. (u Q W &�� D S�'a'I�OiZ�iii -LEG�1LIT`Y: fi By; . ann Guzman Senior Assistant City Attorney ATTEST: i By; ; -1�F FOR� Maty ICays�" , City Secreta ' Form 1295:2017.176903 * ' Contract Authorization; M&C•C-28174 Date:411 112017 S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX BUILDING RULES AND AGREED REGULATIONS 1. Tenant agrees to keep record and control of each key issued by Landlord to Tenant for its offices, and upon termination of this Lease,to return all keys to Landlord. No additional locks or bolts of any kind shall be placed upon any of the doors by any Tenant nor shall any changes be made in existing locks or the mechanism thereof. 2. Directories will be placed by Landlord, at its own expense, in conspicuous places in the Building. No other directories shall be permitted, unless previously consented to by Landlord in writing. 3. Tenant will refer all contractors, contractor's representatives and installation technicians, rendering any service to Tenant,to Landlord for Landlord's supervision, approval, and control before performance of any contractual service. This provision shall apply to all work performed in the Building, including installation of telephones,telegraph equipment, electrical devices and attachments and installation of any nature affecting floors,walls,woodwork,trim,windows,ceilings, equipment of any other physical portion of the Building. 4. Work requests of Tenants will be attended to only upon application at the office of the Building. Building employees shall not perform any work or do anything outside of their regular duties unless under special instructions from the office of the Landlord. 5. Movement in and out of the Building of furniture or office equipment, or dispatch or receipt by Tenant of any merchandise or materials which requires use of elevators or stairways, or movement through Building entrances or lobbies shall be restricted to hours designated by Landlord. All such movement shall be under supervision of Landlord and the manner agreed between Tenant and Landlord by pre-arrangement before performance. Such pre-arrangement initiated by Tenant will include determination by Landlord and subject to its decision and control, as to the time, method and routing of movement and as to limitations imposed for safety or other concerns which may prohibit any article, equipment or other item from being brought into the building. 6. No sign, advertisements or notices shall be painted or affixed on or to any windows or doors, or other part of the Building, except of such color, size and style and in such places as shall be first approved in writing by Landlord. No nails, hooks or screws shall be driven or inserted in any part of the Building, except by the Building maintenance personnel, nor shall any part thereof be defaced by Tenant. All signs will be contracted for by Landlord from time to time, and Tenant will be billed and pay for such service accordingly. 7. No portion of the Leased Premises or any other part of the Building shall at any time be used or occupied as sleeping or lodging quarters. 8. Tenant shall not place, install or operate in the Leased Premises or in any part of the Building, any engine or machinery, or maintain use or keep any inflammable, explosive, or hazardous material in the Building or the Leased Premises without written consent of the Landlord. 9. Landlord will not be responsible for lost or stolen personal property, equipment, money, or jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. 10. No birds or animals shall be brought into or kept in or about the Building. 11. Landlord will not permit entrance to tenant's offices by use of pass keys controlled by Landlord to any person at any time without written consent or permission by Tenant, except employees, contractors or service personnel directly supervised by Landlord and subject to advance notice requirements in the Lease. 12. The entries,passages, doors, elevators, elevator doors, hallways, or stairways shall not be blocked or obstructed, no rubbish, litter,trash, or material of any nature shall be placed, emptied or thrown into these areas; and such area shall not be used at any time except for ingress and egress by Tenant,Tenant's agents, employees,or invitees to or from the Leased Premises. 13. Plumbing fixtures and appliances shall be used only for which constructed, and no sweepings, rubbish, rags or other unsuitable materials shall be thrown or placed therein. . 14. Tenant shall not do or permit anything to be done in or about the Building, or bring or keep anything therein,that will in any way increase the rate of fire or other insurance on the Building, or on property kept therein, or obstruct or interfere with the rights of, or otherwise injure or annoy, other tenants, or do anything in conflict with the valid pertinent laws, rules or regulations of any governmental authority. 15. Tenant shall not purchase or contract for waxing, rug shampooing, interior glass washing, furniture polishing, lamp servicing, cleaning of electric fixtures, removal of waste paper, rubbish or garbage, servicing of vending machines or food service in the Leased Premises except from contractors, companies or persons approved by the Landlord to the extent allowed by law, and only at hours and under the regulations fixed by the Landlord. 16. Tenant shall see that windows,transoms, and doors of the Leased Premises are closed and securely locked before leaving the Building and must observe strict care not to leave such windows, doors and so forth open and exposed to the weather or other elements, and the Tenant shall exercise extraordinary care and caution that all water faucets or water apparatus are entirely shut off before the Tenant or Tenant's employees leave the Building, and that all electricity, gas, and air shall likewise be carefully shut off so as to prevent waste or damage. 17. Canvassing, soliciting, and peddling in the Building are prohibited. Tenant shall cooperate to prevent the same. 18. Landlord shall have the right to prohibit the use of the name of the Building or any other publicity by Tenant,which in the Landlord's opinion,tends to impair the reputation of the Building or its desirability for the executive offices of the Landlord or of other tenants; and, upon written notice from Landlord, Tenant will refrain from or discontinue such publicity. 19. The Landlord reserves the right, at any time,to modify any one or more of these rules and regulations as in the Landlord's judgment may from time to time be necessary for the safety, care and cleanliness of the Building and/or the Leased Premises, and for the preservation of order herein. LANDLORD: Dress &Mitchek Real Estate Holdings,LLC. By: James Ibressman TENANT: City of Fort Worth, a home-rule municipal corporation of the State of Texas By: Jesus J.Chapa Assistant City Manager EXHIBIT "A" LEGAL DESCRIPTION Block 1,Lot D of the Brentwood Stair Addition to the City of Fort Worth,Tarrant County,Texas. FLOOR PLAN r':, r � / .wy�YetS .✓a���^e..�x''��+"^23YeTxiNA+•-•c xx �' Ir. 4/ bra ?rn4r�"„r"xl�-•�7�1 r i r , SSP sK j '' a.y t ollil c-ki'-ti '�"'Fcrr* �. ��•- �© .y +. .A. � .. -- r c7:�'t� �"•yP •1��f11��t�r'v�4"S VMWI MAN fU b,,�'a��'1��7 t � ,+y. �.c. v ,r 'q'� B r i%�✓;. �S5^w€ ^,��""�� .._ 9 ��� •' - d�`,,., irk .�" --�;�s-e+� --- -__��"'�Y�FSA`i".�"� ��� man.,• �'I'lIL��2..�l �+ - 1 0 �.... •"+" �;{� ik 1�S��,,Yt»7.'_".A ��7�1 '�"`� flR "j �� -. � R' P�/! G� _ cWc• h5MC�41�� Icy tH''pt19;.,�+y '..iC48Cft78 y �t'-Qi`.y'�`�lE r+�..l'.-_ �,..� P 1 ::c.ss 5 rr��,���^•r��+ r�� S�3 •a .c.. "Y's�y � ., � 'a')?' ��� .��ss�h�,i�"..c: dgP'�lk.� � �'h ;.' tau e,el :?Fl ! ■ s M -;R3' v 4'f`tOiy-'`,r '',(,i.:,y ti•� ��)«iS1� �QN CS:11T�.¢ I��y� IRS 500 1,000 2,000 SEA3 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTRTN Ir- COUNCIL ACTION: Approved on 4/11/2017 DATE: 4/11/2017 REFERENCE **C-28174 LOG NAME: 216737BRENTWOODSTAIR NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Lease Agreement with Dressman & Mitchek Real Estate Holdings, LLC, for Approximately 708 Square Feet of Space Located at 6737 Brentwood Stair Road, Suite 212, Fort Worth, Texas, 76112 to be Used by the Police Department for Office Space (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Lease Agreement with Dressman & Mitchek Real Estate Holdings, LLC, for approximately 708 square feet of space located at 6737 Brentwood Stair Road, Suite 212, Fort Worth, Texas, 76112 to be used by the Fort Worth Police Department for office space. DISCUSSION: On September 2, 2003, (M&C L-13634) the City Council approved a Lease Agreement between the City of Fort Worth (City) and Edward Traxson d/b/a The Barber Shop (Landlord)for 1020 square feet of space located at 6436 Meadowbrook Drive#B, Fort Worth, Texas, 76112 for use as office space by the Fort Worth Police Department (FWPD) for a term of 36 months at a rental rate of$550.00 per month or$6,600.00 annually. (City Secretary Contract No. 29114) Through Mayor and Council Communication (M&C) L-15056 and a series of amendments and renewals, the lease term was extended and subsequently expired on November 15, 2016. The FWPD identified 708 square feet of space located at 6737 Brentwood Stair Road, No. 212, Fort Worth, Texas 76112 as a replacement to be used as office space. The new landlord, Dressman & Mitchek Real Estate Holdings, LLC, has agreed to charge no rent for use of the space, saving the City approximately $550.00 per month or$6,600.00 annually. Approval of this M&C authorizes the City and Dressman & Mitchek Real Estate Holdings, LLC, to enter into a new Lease Agreement to commence on the executed date and terminate on September 30, 2018. The Lease Agreement includes three successive one year renewal terms for use of the 708 square feet of space located at 6737 Brentwood Stair Road, No. 212, Fort Worth, Texas, 76112 by the FWPD as office space. As a result of no rental charge for the use of this space, the City saves approximately $6,600.00 per year in lease payments and continues to provide a FWPD presence to residents in the east side of Fort Worth. This property is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that no significant impact to the City's Fiscal Year 2017 Budget will occur upon approval. http://apps.cfwnet.org/council_packet/mc review.asp?ID=24279&councildate=4/11/2017 6/6/2017 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (ChartPield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2) T Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Mark Brown (5197) Jean Petr(8367) ATTACHMENTS 1295 Form-Suite 212 Brentwood Stair.pdf 6737BRENTWOODSTAIR MAP.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=24279&councildate=4111!2017 6!6!2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofi Complete Nos.1-4 and 6 it there are interested parks. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity fling form,and the city,state and country of the business entity's place Certificate Number of business. 2017-176903 Dressman and MRchek Real Estate Holdings LLC • Fort Worth,TX United States ? Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for ich the form is 03/09/2017 being filed r Fort Worth Police Department Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 6737 Brentwood Stair lease space*212 4 Nature of interest Name of interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Dressman,James Fort Worth,TX United States X r .E 5 Check only H there is NO Interested Parry. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is hue and correct. �► .�w. NICHOLLE T.ALBRECHT s Notary Public,State of Texas My Commission Expires November 04,2017 1 ()k Signature of authorized agent of contracting business entity AFRX NOTARY STAMP!SEAL ABOVE /� r Sworn to and subscribed before rne,by the said /.�1++ 1�. KUfAA this 0140 61 day of 20_��,to eerdfy which, *.a.my hand and seal of office. Signature cer administering oath Printed name of officer administering oath Title of ot6 admkrs[ering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277