HomeMy WebLinkAboutContract 33366 CITY SECETAR
CON R CT NO y' 8
3 X366
SUBLEASE AGREEMENT
SUBLEASE AGREEMENT ("Sublease") dated as of the 1 s' day of November, 2005,
between the FORT WORTH HISPANIC CHAMBER, a Texas non-profit corporation, as
sublessor("Sublessor"), and e,16,g ��t lW hu {t u� �'��mn�uh, v ("Permitted Subtenant").
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RECITALS
A. The City of Fort Worth, a home rule municipal corporation of the State of Texas, is
the owner of a community center known as the Northside Community Center located at 1100
NW 18th Street within the City of Fort Worth.
B. The City of Fort Worth has leased approximately 2,600 square feet of the
Northside Community Center ("Subleased Premises", attached and incorporated hereto as
Exhibit "A") to the to Sublessor ("Master Lease", attached and incorporated hereto as Exhibit
`B"). This Master Lease provides in Section 2.01 that Sublessor may sublease the Subleased
Premises to Permitted Subtenant.
C. Permitted Subtenant desires to lease the Subleased Premises from Sublessor during
the hours specified below in order to provide consulate services in matters involving protective
services for citizens abroad, including arrests, death cases, financial or medical emergencies and
welfare and whereabouts inquiries, issue travel warnings, public announcements and consular
information sheets, guidance on nationality and citizenship determination, document issuance
(visas), judicial and notary services, estates and property claims, third-country representation,
and disaster assistance.
D. Sublessor is willing to lease the Subleased Premises to Permitted Subtenant on the
terms and conditions set forth below.
In consideration of the mutual covenants contained in this Sublease, Sublessor and
Permitted Subtenant agree as follows:
1. SUBLEASED PREMISES:Sublessor demises and lets the Subleased Premises to
Permitted Subtenant, and Permitted Subtenant takes and leases the Subleased Premises from
Sublessor, during the time periods described in Section 2 and for the term described in Section 3,
subject to the provisions set forth below.
2. USE: Permitted Subtenant may use and occupy the Subleased Premises for the purpose
of providing consulate services during 11:00 a.m. to 5:00 p.m. Tuesdays through Saturdays. The
Subleased Premises will be closed and unavailable for use by the Permitted Subtenants on
Sundays and on all regular City holidays. The operating hours for use by the Permitted
Subtenant may only be changed by submitting a written request to the Sublessor and only after
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Hispanic chamber sublease form 10-31-05.130C
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the Sublessor obtains written approval from the Director of the Parks and Community Services
Department.
Permitted Subtenant may not use the Subleased Premises at any other times or for any other
purpose without Sublessor's prior written consent.
3. TERM: The term ("Term") of this Sublease commences on the 1st day of November
2005, and ends on the 31" day of October 2006.
Permitted Subtenant shall have two options to renew this Lease, each option for an additional
two year renewal term, on the same terms and conditions as apply to the initial Term, provided
the Sublessor renews the Master Lease with the City of Fort Worth. To exercise its renewal
option, Permitted Subtenant must give Sublessor at least three months prior written notice of
renewal. If the Master Lease, and any renewal of the Master Lease, is terminated for any reason
prior to the expiration of the term of this sublease, this sublease will automatically and
immediately terminate.
4. SUBLETTING,ASSIGNMENT: Any assignment of this Sublease or subletting of the
Subleased Premises is prohibited without Sublessor's prior written consent. If the Master Lease
is terminated for any reason prior to the expiration of the Term of this Sublease (and if extended
pursuant to Section 3 of this Sublease), this sublease will automatically and immediately
terminate.
5. COMPLIANCE WITH MASTER LEASE: Throughout the Term of the Sublease,
Permitted Subtenant shall comply with all the terms, conditions and regulations of the Master
Lease. Sublessor has no responsibility to Permitted Subtenant for any utility services to the
Subleased Premises, and Sublessor is not responsible for any utility interruption to the Subleased
Premises,unless the utility interruption is due to the sole negligence of Sublessor.
6. COMPLIANCE WITH LAW: During the hours of its permitted use, Permitted
Subtenant shall, at its cost and expense, cause the Subleased Premises to be used in accordance
with all applicable laws, rules, regulations, ordinances, and restrictions in effect during the Term
and as required by the Master Lease.
Permitted Subtenant agrees to assume full responsibility for complying with the Federal
Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any Regulations issued thereunder
including, but not limited to, the assumption of any and all responsibilities for paying royalties
which are due for the use of copyrighted works in Permitted Subtenant's performances or
exhibitions to the copyright owner, or representative of said copyright owner. Permitted
Subtenant shall defend, indemnify and hold the City of Fort Worth harmless for any claims
arising from nonpayment to licensing agencies, including, but not limited to, ASCAP, BMI and
SESAC or damages arising out of Permitted Subtenant's infringement or violation of the
Copyright Law and/or Regulations. The City of Fort Worth expressly assumes no obligation to
review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of
the Permitted Subtenant. Permitted Subtenant is responsible for securing any and all licenses by
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artists/performers giving permission for the recordings and is responsible for both reporting and
payment of any music licensing fees that may be required by law. Permitted Subtenant
understands and agrees that without the proper license obtained by Permitted Subtenant, there is
a risk of an injunction or money damages arising from a copyright lawsuit brought by ASCAP,
BMI, SESAC or any other licensing agency.
7. LIENS: Permitted Subtenant shall remove and discharge promptly, at its cost and
expense, all liens, encumbrances, and charges upon the Subleased Premises or Permitted
Subtenant's leasehold interest which arise out of Permitted Subtenant's possession, use,
occupancy, maintenance, or repair of the Subleased Premises or by reason of labor or materials
furnished,or claimed to have been furnished to Permitted Subtenant, but excluding liens,
encumbrances, and charges caused or permitted to be caused by Sublessor, which shall be the
sole responsibility of Sublessor.
8. WAIVER OF LIABILITY: Sublessor shall not be responsible for the theft, loss,
damage, or destruction of property of Permitted Subtenant, its subtenant, and their respective
employees, agents, licensee, invitees, contractors, and subcontractors, even if the damage is
alleged to arise out of some condition on the Subleased Premises.
9. INDEMNIFICATION:
{PERMITTED SUBTENANT} AGREES TO DEFEND, INDEMNIFY AND HOLD
THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS
AGAINST ANYAND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS AND EXPENSES OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE
OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND
ANYRESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) (PERMITTED
SUBTENANT}'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF {PERMITTED SUBTENANT), ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI) OR
SUBCONTRACTORS, RELATED TO THE SUBLEASE OF SPACE AT THE NORTHSIDE
COMMUNITY CENTER OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT
THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY
TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR
ITS OFFICERS,AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS,AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH LESSEE AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS.
Hispanic chamber sublease form 10-31-05.130C
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10. MAINTENANCE AND REPAIR:Permitted Subtenant shall keep and maintain the
Subleased Premises in a good, clean and sanitary condition at all times. Permitted Subtenant will
not make or suffer any waste of the Subleased Premises. Permitted Subtenant shall be
responsible for all damages caused by Permitted Subtenant, its agents, servants, employees,
contractors, subcontractors, subtenants, licensees, or invitees, and Permitted Subtenant agrees to
fully repair or otherwise cure all such damages at Permitted Subtenant's sole cost and expense.
The City shall determine whether any damage has been done, the amount of the damage, and the
reasonable costs of repairing the damage. Any damage by the Permitted Subtenant or others
incident to the exercise of privileges herein granted shall be repaired or replaced by the Permitted
Subtenant to the reasonable satisfaction of the City within thirty (30) days of receipt of written
notification from the City.
At the expiration of the Sublease Term, Permitted Subtenant must surrender the Subleased
Premises in at least as good condition as at the commencement of the Term,reasonable wear and
tear and casualty excepted.
11. ALTERATIONS AND ADDITIONS: Permitted Subtenant may bring on to the
Subleased premises any equipment and improvements reasonably necessary to perform their
respective business.
Permitted Subtenant will not do or permit to be done any injury or damage to any buildings or
part thereof, or permit to be done anything which will damage or change the finish or appearance
of the Subleased Premises or the furnishings thereof or any other property belonging to the City
by the erection or removal of equipment or any other improvements, alterations or additions. No
decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to
any part of the Leased Premises or fixtures of the City without the consent of the Sublessor.
Permitted Subtenant must obtain Sublessor's prior written consent for any other alterations to the
Subleased Premises desired by Permitted Subtenant. All improvements, trade fixtures,
furnishings, equipment and other personal property of every kind or description which may at
any time be on the Subleased Premises shall be used at the Permitted Subtenant's sole risk.
12. SIGNS: Any signs necessary to indicate Permitted Subtenant's name, location, and
purpose shall be prepared and installed at the sole cost of by the Permitted Subtenant in
accordance with applicable rules and regulations of the City and in keeping with building decor.
All signs shall provide a disclaimer that the City is not providing the services offered by the
Permitted Subtenant.
13. DISCLAIMER: Permitted Subtenant has had the opportunity to make inspections
of the Subleased Premises. Sublessor specifically disclaims any warranty, guarantee, or
representation, oral or written, past, present, or future concerning (i) the nature and condition of
the Subleased Premises, including but not by way of limitation, the water, soil, geology, and the
general suitability of the Subleased Premises for any activities and uses which Permitted
Subtenant may elect to conduct thereon, (ii) the manner, construction, condition, and state of
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Hispanic chamber sublease form 10-31-05.130C
repair of any improvements located on the Subleased Premises, and (iii) the compliance of the
Subleased Premises with any laws, rules, ordinances, or regulations of any government or other
body. This Sublease is made on an "as is" basis, and Permitted Subtenant expressly
acknowledges that in consideration of the agreements of Sublessor in this Sublease, Sublessor
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING
BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
CONDITION, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY.
Permitted Subtenants hereby expressly releases and discharges City from any and all
liability for any property damage or loss and/or personal iniury, including death, arising
out of or in connection with, directly or indirectly the occupancy and/or use of the
Subleased Premises and any and all activities conducted thereon sustained by reasons of
the occupancy of said building under this Agreement.
14. CONDEMNATION AND CASUALTY: If the title to all or substantially all of the
Subleased Premises is taken by condemnation proceedings or any right of eminent domain, this
Sublease will terminate on the date of such taking, and Sublessor shall be entitled to receive the
proceeds resulting from such taking. Permitted Subtenant waives any right to any compensation
attributable to its leasehold interest in the Subleased Premises.
15. HOMELAND SECURITY ALERT: If the United States Department of Homeland
Security issues a Level Orange or Level Red Alert, the City of Fort Worth, in its sole
discretion, after consultation with Sublessor, may close the Subleased Premises in the interest of
public safety.
16. EXPIRATION OR TERMINATION: In the event of the expiration or termination
of this Sublease for any reason, the obligations and liabilities of Permitted Subtenant, actual or
contingent, under this Sublease which have arisen but which have not been performed or
satisfied shall be terminated except any liens or encumbrances caused by Permitted Subtenant or
any rental or other payments due and owing Sublessor by Permitted Subtenant. If for any reason
at any time during the Term, the Fort Worth City Council fails to appropriate funds sufficient for
Permitted Subtenant to fulfill its obligations under this Sublease, then Permitted Subtenant may
terminate this Sublease to be effective on the later of(i) thirty (30) days following delivery by
Permitted Subtenant to Sublessor of written notice of Permitted Subtenant's intention to
terminate, or (ii) the last date for which funding has been appropriated by the City Council for
the purposes set forth in this Sublease.
17. ADVANCES BY SUBLESSOR: If Permitted Subtenant fails to make or perform any
payment or act on its part to be made or performed under this Sublease, then Sublessor may(but
is not required to), without waiving any default or releasing Permitted Subtenant from any
obligation, after at least fifteen (15) days prior written notice, make such payment or perform
such act for the account and at the cost and expense of Permitted Subtenant. All amounts so
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by Sublessor and all necessary and incidental costs and expenses incurred in connection with the
performance of any such act by Sublessor from the date of the making of such payment or of the
incurring of such costs and expenses by Sublessor, shall be payable by Permitted Subtenant to
Sublessor on demand.
18. EVENTS OF DEFAULT AND REMEDIES:
(a) An "event of default" shall occur if Permitted Subtenant fails to pay any monetary sum
payable under this Sublease or defaults in the performance of any other provision of this
Sublease to be performed by Permitted Subtenant and the default continues for thirty (30) days
after the date Permitted Subtenant receives a written notice from Sublessor of the non-
performance.
(b) Whenever an event of default has occurred, Sublessor may, at its election, during the
continuance of the event of default, by written notice to Permitted Subtenant, terminate this
Sublease, whereupon Permitted Subtenant's estate and all right of Permitted Subtenant to the use
of the Subleased Premises shall terminate, but Permitted Subtenant shall remain liable as
hereinafter provided. Upon this termination, Sublessor shall have the immediate right of re-entry
and possession of the Subleased Premises and the right to remove any or all persons or property
therefrom; and Sublessor may then hold, possess, and enjoy the Subleased Premises free from
any rights of Permitted Subtenant and any person claiming through or under Permitted
Subtenant. Sublessor shall then have the right to recover from Permitted Subtenant:
(1) any and all amounts payable by Permitted Subtenant under this Sublease which
may then be due and unpaid or which may then be accrued and unpaid; and
(2) any and all damages and expenses (including, without limitation, reasonable
attorneys' fees and expenses), which Sublessor sustains by reason of the breach of any
provision of this Sublease or the termination of this Sublease.
19. RELATIONSHIP: Neither Sublessor nor Permitted Subtenant shall be construed, by
virtue of this Sublease, to be the agent, partner, joint venturer, or associate of the other -- the
relationship between the parties at all times during the Term shall remain that of landlord and
tenant.
20. NOTICES: All notices required or permitted under this Agreement may be given to a
party personally or by mail, addressed to such party at the address stated below or to such other
address as one party may from time to time notify the other in writing. Any notice so given shall
be deemed to have been received when deposited in the United States mail so addressed with
postage prepaid:
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Hispanic chamber sublease form 10-31-05.DOCr
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If to Sublessor:
Fort Worth Hispanic Chamber
If to Permitted Subtenant:
If to the City:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Director of Parks and Community Services
Telephone: 817-871-5704
Telecopy: 817-871-5724
with a copy to:
City Attorney
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
However, the parties may from time to time change their respective addresses, and each shall
have the right to specify as its address any other address upon at least ten days written notice to
the other party.
21. BINDING: All provisions contained in this Sublease are binding upon, inure to the
benefit of, and are enforceable by the respective successors and assigns of Sublessor and
Permitted Subtenant. The provisions of this Sublease may be amended, waived, or terminated
only by an instrument signed by Sublessor and Permitted Subtenant.
22. ENTIRE AGREEMENT: This Sublease contains the entire agreement of the parties
with respect to the Sublease of the Subleased Premises and may not be modified orally or in any
other manner than by an agreement in writing signed by all both parties or their respective
successors in interest.
23. VENUE: This Sublease is governed by and construed and enforced in accordance
with the laws of the State of Texas, and is subject to all applicable laws, statutes, rules,
regulations, ordinances, and orders, whether of such state or otherwise. If any action, whether
real or asserted, at law or in equity, arises on the basis of any provision of this Sublease,
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Hispanic chamber sublease form 10-31-05.DOC
venue for such action shall lie in the state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas --Fort Worth Division.
24. MISCELLANEOUS: The headings to the various sections of this Sublease have
been inserted for convenient reference only and do not modify, define, limit, or expand the
express provisions of this Sublease. In the event that any clause or provision of this Sublease
shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or
provision shall not affect any of the remaining provisions hereof.
IN WITNESS WHEREOF, the parties have executed this Sublease Agreement in
multiples,this day of Fj-&ruA yt4 2005.
ITTED SUBTENANT:
By:
Name: 1)0ryon! e-, rn4inf
Title: dee
FORT WORTH H PANIC CHAMBER, SUBLESSOR
By:
Name: C�-J
Title:
The undersigned owner of the Subleased Premises consents to the above Sublease Agreement:
C-2o997
CITY OF FORT WORTHcontract l�uthorizatiolz
By: Date
Name:
.0-ROVE TO FORM AM LEGALITY!
!
Titles Le
Attestedy: 1 city Attu o
w Marty Hendrix 8
City Secretary
Hispanic chamber sublease form 10-31-05.DOC
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005
DATE: Tuesday, September 13, 2005
LOG NAME: 80HISPCHAM REFERENCE NO.: C-20997
SUBJECT:
Authorization to Enter into a Lease Agreement with the Fort Worth Hispanic Chamber of Commerce
for Office Space at the Northside Community Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a lease agreement with the
Fort Worth Hispanic Chamber of Commerce (FWHCC) for designated office space at the Northside
Community Center.
DISCUSSION:
The Fort Worth Hispanic Chamber of Commerce began discussions with the City of Fort Worth to address
the growing needs of the Hispanic/Latino community. In an effort to meet these needs, the FWHCC is
seeking adequate space to provide workforce development, access to a Fort Worth Branch of the Counsel
de Mexico, consumer health and awareness education, business consultation, financial literacy programs
and other services as necessary. The area will lease for $2,045.74 per year with two one-year options to
renew.
The FWHCC plans to sublease the area to the Counsel de Mexico, Catholic Charities, Casa Immigrante,
Casa Chihuahua, Casa Zacatecas, Catholic Charities and Banjercito.
This agreement will create the first satellite office of the Counsel de Mexico in the nation. The office will
serve as a branch of the Dallas-based Counsel de Mexico and would be open from Tuesday - Saturday.
The Northside Community Center is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, the Parks and Community
Services Department will be responsible for the collection and deposit of funds from this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 465235 0800522 $0.00
Submitted for City Manager's Office b, . Libby Watson (6183)
Originating Department Head: Randle Harwood (5704)
Additional Information Contact: Leona Johnson (5775)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/27/2006