HomeMy WebLinkAboutContract 35332 (2):� i �' v�.�:;�� i�i�Yl-����
CONT�AC� NO.
FIRST RENEWAL OF LEASE AGREEMENT
THIS Lease Renewal is made and entered into by Monroe Street Professional
Building, Ltd., ("Lessor"), acting by and through its General Partner, Cacheral Co., Inc.,
and the City of Fort Worth ("Lessee")
WHEREAS, Lessor and Lessee made and entered into a five year lease for 1983
rentable square feet of office space in the Monroe Building located at 900 Monroe, City
Secretary Contract Number 27682 ("Lease"). A copy of the Lease is attached hereto as
Exhibit A and incorporated herein by reference as if it were set forth in full;
WHEREAS, the Lease allows the Lessee to renew the Lease for two successive
five year terms;
WHEREAS, the Lease was amended on July 30, 2003 to include additional
space, City Secretary Contract Number 28949, for a total of 2733 rentable square feet;
WHEREAS, the Lease was amended on December 15, 2004, to include
additional space, City Secretary Contract 31047, for a total of 3157 rentable square feet;
WHEREAS, the Lease was amended on October 27, 2006 to include an
additional 347 square feet.
NOW THEREFORE, in consideration of the terms and conditions contained
herein, the parties agree as follows:
1. The term of this First Lease Renewal shall be for five years,
commencing on May 1, 2007, and ending on April 30, 2012.
2. The Leased Premises shall consist of 3504 rentable square feet and
more particularly described in Exhibit B.
3. The Lessee agrees to pay the rental rate of $14.50 per square foot per
year during the term of this Lease Renewal, payable in equal monthly
installments of $4,234.00
4. Lessor and Lessee acknowledge and agree that this is the First Renewal
of the Lease and that Lessee has the right to renew the Lease for an
additional five years after the First Renewal has expired.
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All other terms and conditions of the Lease remain unchanged.
IN WITNES WHEREOF, the parties hereto have executed this Amendment as
of this ��`day of � , 2007.
Lessor:Monroe Street Professional
Building, Ltd.
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By:
Ron Crabtree
President
Cacheral Co., Inc.
General Partner
Lessee: City of Fort Worth
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By: i i c:� �C-
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Dale Fisseler •'
Assistant City Manager
Approved As, To Form And L�gality:
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Assistant C'ity �Attorney
ATTEST:
By:
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Marty Hendrix, Cit ecretary
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STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me this the �� day of
/� , 2007, by Dale Fisseler, Assistant City Manager for the City of Fort
Worth, on beh lf of the City of Fort Worth.
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STATE OF TEXAS
COUNTY OF TARRANT
§
§
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Notary Public, State of Texas
This instrument was acknowledged before me this the o��' day of
, 2007, by Ron Crabtree, President of Cacharel Co., Inc, General
Partne for Monroe Street Professional Building Ltd. on behalf of Monroe Street
Professional Building, Ltd.
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; :°�������°�r°�. ELI7�,BETH J. WILL :
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LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the lst day of May, 2002 the
effective date hereof, at Fort Worth, Texas by and between Monroe Street Professional Building, Ltd.,
(Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its duly
authorized representative, Assistant City Manager, Reid Rector (Lessee). The term "Lessor" shall
include the agents, representatives, employees, and contractors of Lessor. The term "Lessee" shall
include the agents, representatives, and employees of Lessee.
SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under
this Lease, Lessor leases to Lessee and Lessee leases from Lessor:
Appro�mately 1983 rentable square feet of office space in the Monroe Building (the
`Building") at 900 Monroe Street, Fort Worth, Tarrant County, Texas, a more particular
description of which is attached as "E�ibit A". Landlord shall provide tenant with one
parking space (Parking Space Number 454) in the adjacent parking garage at 909 Taylor
Street.
This office space as described above together with any and all structures, improvements,
f�tures and appurtenances thereon, thereunder or over, shall be referred to as the "Leased
Premises".
The boundaries and location of the Leased Premises are described on the attached E�ibit A
and made a part hereof.
SECTION 2. Use of premises. The leased premises shall be used primarily for administrative
offces for the City of Fort Worth.
The Leased Premises may not be used for any illegal activity, or any activity of a hazardous or
high-risk nature that would endanger property or human safety. Lessee will take measures to guard
against any condition at the Leased Premises of an illegal nature, or of a hazardous or high-risk nature
that would endanger property or huinan safety.
SECTION 3. Term and Rent. This lease shall be for a period of five years commencing on May 1,
2002, and terminating on April 30, 2007, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. During the initial five-year term, Lessee shall
pay Lessor annual rent of $12.10 per square foot per year, payable in equal monthly installments of
$1,999.53 The rental payment shall be made to the Lessor on the first day of each month during the
term of this Lease and the first day of the month during any e�ension of the Lease. Rent for any
partial calendar months shall be prorated on a per diem basis.
City ofFort Wo��t1� Lease Page 1 , � ,,,,
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Landlord shall provide tenant one parking space in the adjacent garage for the cost of $75.78 per
month.
Lessee shall have the right to renew this Lease for a maxirnum of two successive five-year terms.
The terms of this Lease shall continue to govern and control the relationship of the parties during the
renewal periods. Rent for each of the renewal terms shall be as follows:
Renewal Term
15c
2nd
Rent rate �er square foot per year
$14.50
$16.00
Monthlv rent installment
$2,396.13
$2,644.00
SECTION 4. Taxes, Insurance, Utilities, Care of the of the Leased Premises and Buildin�
Operating Expenses, Maintenance and Services. Lessor agrees to be responsible for the payment
of all electricity, natural gas, water, or other utility charges that come due and payable during the term
Lessee occupies the Leased Premises.
Lessee shall pay its pro rata share of any increase in taxes, insurance, utilities, (which shall
include water, sewer, trash, electricity and gas), building operating expenses which shall be defined as
follows: As used herein, the term "Operating Expenses" means all costs and expenses incurred or
accrued in each calendar year in connection with the ownership, operation, maintenance, repair,
janitorial service and protection of the Property which are directly attributable or reasonably allocable
to the Property (including the Building and the Common Area). Including Landlord's personal
property used in connection with the Property and including all costs and expenditures relating to the
following (1) operation, maintenance and repair of any part of the Property and replacement of non-
capital items that are part of the Property, including the mechanical, electrical, plumbing, HVAC,
vertical transportation, fire prevention and war�ung and security systems (but with respect to
replacement of any such systems or components of such systems, only to the e�tent that such systems
or components are not capital items); materials and supplies (such as building standard light bulbs and
ballasts); equipment and tools; floor, wall and window coverings; personal property; required or
beneficial easements; and related service agreements and rental expenses, to the extent they exceed
the actual cost of those items for the calendar year 2002. Tenant's annual increases shall not exceed
five percent (5%) per year exclusive of taxes, insurance and utilities.
Lessor agrees to pay all taxes and insurance as they come due. Lessor shall keep the Leased
Premises in good, clean and habitable condition, normal wear and tear excepted.
Section 5 Improvements, Repairs, Replacements, Additions and Removals.
Lessor at his own expense shall renovate the Leased Premises as described in E�ibit "C" and
made a part hereof.
Lessor, in accordance with Section 4 of the Lease, shall maintain in good repair the roof,
foundation, e�terior walls, heating, air conditioning, electrical, plumbing, and interior painting or
other treatment of interior walls of the common areas of the Building..
Ciry of For�t Worth Lease Page 2
Lessee agrees to give Lessor written notice of defects or need for repairs in the roof,
foundation, e�erior walls, heating, air conditioning, electrical, and plumbing of the Leased Premises.
Lessee will provide such written notification as soon as it discovers repairs are necessary and Lessor
shall complete or have completed the repairs or maintenance within 10 days of receiving such
notification (or if repair is not capable of being completed within 10 days, within a reasonable time
thereafter, so long as Lessor is diligently pursuing such repair). Failure of the Lessor to complete
such repairs or maintenance shall be considered a default under the Lease.
SECTION 6. Insurance. Lessor agrees to insure the structure and premises of 900 Monroe Street,
Fort Worth, Tarrant County, Texas 76102. Such insurance shall provide protection for liability, fire
and casualty, and property damage for the property owned by the Lessor, situated at, and including,
the Leased Premises. Verification of this coverage shall be provided to Lessee prior to the execution
of this contract. Lessee assumes no liability or financial obligation for the acquisition or maintenance
of such insurance; all costs incurred during the course of insuring the premises shall be borne solely
by the Lessor.
SECTION 7. Liabilitv and Hold Harmless. LESSOR COVENANTS AND AGREES TO
RELEASE, INDEMIVIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE
EXISTENCE OF TffiS LEASE OR THE USE OR OCCUPANCY OF TFIE LEASED
PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF
RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTFIER ACT OR OMISSION
OF LESSOR, LESSEE, OR ANY THIRD PARTY.
LESSOR SHALL LIKEWISE RELEASE, INDEMNIFY, HOLD HARMLESS AND
DEFEND LESSEE FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS RELATED
IN ANY WAY TO ANY DAMAGE TO, OR DEFECTS IN, THE LEASED PREMISES OR
ANY OTHER ADVERSE CONSEQUENCES RELATED TO THE LEASED PREMISES,
REGARDLESS OF WI-IETHER THE ACT OF OMISSION COMPLAINED OF RESULTS
FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF
LESSOR, LESSEE, OR ANY THIRD PARTY.
TO THE EXTENT PERMITTED BY LAW LESSEE SHALL INDEMNIFY,
PROTECT, DEFEND AND HOLD HARMLESS LESSOR AND IT'S AFFILIATED
COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "1NDEMNITEES")
FOR, FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, LIENS,
COSTS, FINES, PENALTIES, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSE
(INCLUDING COURT COSTS, ATTORNEYS' FEES, AND COSTS OF INVESTIGATIOl�
OF ANY KIND FOR BODILY OR PERSONAL INJIJRY (INCLUDING DEATI� OR
PROPERTY DAMAGE OCCURRING ON, IN OR ASOUT THE LEASED PREMISES
(COLLECTIVELY, "LIABILITIES") OR IN ANY MANNER ARISING OUT OF OR
CONNECTED WITH LESSEE'S USE AND OCCUPANCY OF THE LEASED PREMISES.
City of Fort Wor•th Lease Page 3
NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE
LESSEE TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS
iINDER THIS LEASE
SECTION 8: DEFAULTS AND REMEDIES
8.1 Lessee Defaults. The occurrence of any of the following shall constitute a default under this
Lease:
(a) Lessee's failuxe to pay rent or to make any other payment required to be
made by Lessee hereunder when due within ten (10) days after Lessee's
receipt of written notice of nonpayment from Lessor, provided however,
that Lessee is entitled to only two such notices per calendar year. After
second notice Lessee shall be in default if any payment is not made when
due.
(b) Abandonment or vacation of the Leased Premises by Lessee, for any
purpose except remodeling or restoration.
(c) Lessee's failure to observe or perform any other provision of this Lease to
be observed or performed by Lessee, where such failure continues for 30
days after written notice thereof by Lessor to Lessee; provided, however,
tha.t if the nature of such failure cannot reasonably be cured within such
thirty (30) day period, Lessee shall not be deemed to be in default if
Lessee shall within such period commence such cure and thereafter
diligently prosecute the same to completion.
8.2 Remedies for Lessee Defaults
In the event of any default by Lessee, then, in addition to any other remedies available to
Lessor at law or in equity (all of which rights and remedies shall be cumulative, with the
exercise of one or more rights or remedies not to impair Lessor's rights to exercise any other
right or remedy, and all of which may be exercised with or without legal process as then may
be provided or permitted by the laws of the State of Texas), Lessor shall have the following
remedies:
(a) Lessor may terminate this Lease and all rights of Lessee by giving written notice to
Lessee of such election. If Lessor elects so to terminate this Lease, Lessor may
recover from Lessee: (i) the worth at the time of award of any unpaid rent and any
other indebtedness (ii) the amount of the amortized tenant improvement work which
has not been paid.
As used in (i) and (u) above, the "worth at the time of award" is computed by allowing
interest at the highest rate allowed to be charged by nonexempt lenders on other than
consumer loans under Texas usury laws.
(b) In addition to the rights set forth above, Lessor may also alter locks and/or security
devices at the Leased Premises following notice of ternunation of the Lease.
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1. Nothing in this Section 8 shall be deemed to affect Lessor's right to indemnification
for liabiliry ar liabilities arising prior to termination of this Lease for personal injury or
property damage under the indemnification clause or clauses contained in this Lease.
2. Notice of Termination. If Lessee fails to cure any default within the time periods set
forth in Section 8.1 above, Lessor may terminate this lease upon written notice to the
Lessee. Termination shall be effective 5 days after Lessee receives such notice.
8.3 Lessor Default.
In the event of any default by Lessor, Lessee shall give Lessor written notice specifying the
default with particularity, and Lessor shall thereupon have thirty (30) days (plus an additional
reasonable period as may be required in the exercise by Lessor of due diligence) in which to
cure any such default. If Lessor fails to so cure any default after this notice, Lessee may
terminate this Lease upon written notice to Lessor, such terinulation to be effective within
thirty (30) days after Lessor's receipt of such notice. All obligations of Lessor under this
Lease are covenants, not conditions, and all obligations of Lessor are binding upon Lessor
only during the period of its ownership of the Leased Premises and not thereafter. Lessor's
liability for the performance of any Lessor obligations under this Lease is limited to Lessor's
interest in the Leased Premises. The owner of the Leased Premises at the date of
commencement of the term will be released from all obligations of the Lessor accruing after
any transfer of the Leased Premises to a subsequent owner, and the covenants and obligations
of Lessor are binding during the term upon each new owner for the duration of such owner's
ownership.
SECTION 9. Fixtures . Lessor herein agrees that no property or equipment, owned or installed by
Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that
Lessee shall reserve the right to remove any and all such property or equipment at any time during the
term of this lease, or subsequent to its termination by either party. Lessor further agrees that she/he
will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 10. Termination and Right of Inspection.
10.01 If Lessee elects to terminate the Lease because of any alleged default or breach by
Lessor of any Lease provisions, Lessee shall be required to give Lessor unmediate
notice in writing of that intention stating specifically the reasons therefor and allowing
Lessor thirty (30) calendar days after the date of Lessor's receipt of the notice to cure
any or all defaults(s) or breach (es) specified in the notice. If the specified defaults or
breach (es) of Lessor are not cured to the satisfaction of Lessee's Administrator of
Rea1 Property Services, the Lease will be terminated. Ternzination pursuant to
Lessor's default shall be without further penalty or expense to either party.
10.02 Funding, Non-Appropriation and Tem�ination. This lease shall terminate in the event
that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy
any obligation of Lessee hereunder. Ternvnation shall be effective as of the last day of
the fiscal period for which sufficient funds were appropriated or upon expenditure of
Ciry of Fort Worth Lease Page 5
all appropriated funds, whichever comes first. Termination pursuant to this non-
appropriation clause shall be without further penalty or expense to either party.
Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of
inspecting the Leased Premises, provided that such entry does not conflict with Lessee's rights
hereunder.
SECTION 11. Surrender of Leased Premises. Upon the termination of this Lease for any reason
whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the
Leased Premises were in upon delivery of possession under the Lease, reasonable wear and tear
excepted. Lessee also shall surrender all keys for the Leased Premises to Lessor at the place then
fixed for the payrnent for rent and shall inform Lessor of all combinations on locks, safes, and vaults,
if any, on the Leased Premises. Lessee shall remove all its furniture and equipment on or before the
ternlination of the Lease; and Lessee shall be responsible for repairing any damaged to the Leased
Premises caused by the removal of furniture and equipment.
SECTION 12. Governmental Re�ulations. Lessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
of the Leased Premises. Provided, however, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"), 42
U.S.C. § 1201 et sea., shall fully indeirulify and hold harmless Lessee from and against any and all
claims, losses, damages, suits, and liability of every kind, including all expenses of litigation, arising
out of or in connection with the Leased Premises' compliance, or lack of compliance, with ADA, and
(ii) shall make all improvements necessary to correct andlor abate all environmental hazards of the
Leased Premises. �
SECTION 13. Acceptance of Leased Premises . Lessee represents that it takes the Leased
Premises in good condition and that the Leased Premises are suitable for the purposes for which they
are being leased.
SECTION 14. Assi�nment. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors,
and lawful assignees of Lessor and the successors of Lessee, as permitted by the terms of this
agreement and by the laws assignment or sublease shall be subject to all the responsibilities and
liabilities of Lessee and shall be subject to all provisions regarding termination and eviction.
SECTION 15. Subordination to Mort�ages; Estopnel Cert'cate. Tenant accepts this Lease
subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now
affecting the Premises, the Building or the Property, and to renewals, modifications, refuiancings and
e�tensions thereof and if, but only if, each holder of any mortgage, deed of trust, ground lease or other
lien subsequently affecting the Premises, the Building or the Property has executed and delivered to
Tenant a SNDA (hereinafter defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and
other lien(s) subsequently affecting the Premise, the Building or the Property, and to renewals,
modifications, refinancings and e�ension thereof (collectively, a"Mortgage"). The party having the
benefit of a Mortgage shall be referred to as a"Mortgagee." This clause shall be self-operative, but
upon request from a Mortgagee, Tenant shall execute a commercially reasonable SNDA in favor of
City of Fo�•t Worth Lease Page 6
the Mortgagee. In lieu of having the Mortgagee be superior to the Lease, a Mortgagee shall have the
right at any time to subordinate its Mortgage to this Lease. If requested by a successor-in-interest to
all or part of Landlord's interest in this Lease, Tenant shall, without charge, attorn to the successor-in-
interest if, but only if, such successar in mterest has executed a SNDA or other agreement whereby
such successor in interest has agreed not to disturb or interfere with Tenant's possession of the
Premises (subject to the terms and conditions of this Lease) for so long as Tenant is not in default
under this Lease beyond any applicable notice and cure period. Landlord represents and warrants to
Tenant that as of the date of this Lease there is no Mortgage filed against the Property. Prior to
permitting a Mortgagee to obtain a Mortgage on the Property, Landlord will use commercially
reasonable efforts to cause such Mortgagee to execute a Subordination, Non-disturbance and
Attornment Agreement ("SNDA") in form and substance reasonably satisfactory to Landlord, Tenant
and the Mortgagee. The SNDA, among other things, shall provide that in the event a Mortgagee
forecloses on the Property or otherwise enforces its right to divest Landlord of its fee simple interest
in the Property, then such Mortgagee will not disturb Tenant's use and enjoyment of the Premises for
so long as Tenant is not in default under this Lease beyond any applicable notice and cure period.
From time to time at the request of either party, each party to this Lease agrees to promptly execute,
have acknowledged and deliver a certificate stating (a) the commencement date and the date of
expiration of the Term; (b) the rights (if any) of Tenant to e�end the Term or to expand the Leased
Premises; (c) the Rent (or any components of the Rent) then currently payable hereunder; (d) whether
this Lease has been amended in any respect and, if so, submitting copies of or otherwise identifying
the amendments; (e) whether, within its knowledge, there are any e�sting breaches or defaults
hereunder by either party hereto, and, if so, stating the defaults with reasonable particularity; and ( fl
such other information pertaining to this Lease as may be reasonably requested. A party's failure to
deliver to the other party an executed estoppel certificate within ten (10) days after the failing party
first received a written request for such certificate shall constitute a representation by the failing party
that all statements set forth in the requested estoppel certificate are true and correct.
SECTION 16. Notices.
All notices to Lessor shall be sent to:
Monroe Street Professional Build'mg, Ltd.
900 Monroe Street
Fort Worth, Texas 76102
All notices to Lessee shall be sent to:
As well as to :
Director, Fort Worth Economic and Community Development Department
900 Monroe Street
Fort Worth, Texas 76102
Admitustrator, Real Property Services
City of Fort Worth
927 Taylor Street
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Mailing of all notices under the Lease shall be deemed sufficient if mailed certified,
return receipt requested and addressed as specified herein to the other party's address. All time
periods related to any notice requirements specified in the Lease shall commence upon the terms
specified in the section requiring the notice.
SECTION 17. Entire Agreement . This Lease shall constitute the entire agreement of the Lessor
and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to the Leased
Premises.
SECTION 18. Waivers . One or more waivers of any covenant, term, or condition of the Lease by
either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition. The consent or approval by either Lessor or Lessee to or of any act by
the other party requiring such consent or approval shall not be deemed a waiver or render unnecessary
consent to or approval of any subsequent similar act.
SECTION 19. Venue. This lease and the relationship created hereby shall be governed by the laws
of the State of Texas. Venue for any action brought to interpret or enforce the terms of the Lease or
for any breach shall be in Tarrant County, Texas.
SECTION 20. Rules & Re�ulations. Lessee shall abide by the Building Rules and Regulations
attached hereto as Exhibit "B".
ATTACHMENT & EXHIBITS
E�ibit A Leased Premises
E�ibit B Rules & Regulations
E�ibit C Tenant Improvements — Temporary Space
City of Fort Wortlz Lease Page 8
SIGNED this i3�� day of �r�� , 2002
LES � Mo oe tr et rofessional Building, Ltd., dba LESSEE: CITY OF FORT WORTH
By: By: �CD2C� . ���`
Ron Crabtree Reid Rector
President Assistant City Manager
Cacharel Co., Inc.
It's General Partner
APPRO D AS TO FORM AND LEGALITY:
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City tt ney, or His Designee
Date: �i - � O - � a
M& C Number: �- -� 3 a� S
ATTEST:
�C cf1-�t0
Gloria P( arson
City Secretary
Contract Number: � `�� ��
City of Fort i��orth Lease Page 9
STATE OF TEXAS
COUNTY OF TEXAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act
of the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth for
the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
� , 2002
r��'Yp B•. ROSELLA BARNES
I lt t �� ~ �t *i
� NO7ARY I'UBLIC
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Notary Public in and for the State of Texas
City of Fort Worth Lease Page 10
STATE OF TEXAS
COUNTY OF TEXAS
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Ron Crabtree, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act
of the Cacharel Company, Inc. and that he/she executed the same as the act of said Cacharel
Company, Inc. for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN ITNDER MY HAND AND SEAL OF OFFICE this �� day of
�� a , 2002
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,olPnrrue;,., AMl' E. RANDELL
_ r� '�O= Notary Public, 3tate of Texas
� :hs MyCofnl�il�slon Expires
�"r";;o;;;��` Augu�t29,2005
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Notary Public ' d for the State of Texas
City of Fort Wortlz Lease Page 11
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EXHIBIT "A"
Temporary Space
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Ciry of Fort Worth Lease Page 12 ';> �'r J�;;1 �,i i i � v`�� �:. U'
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Ciry of Fort Worth Lease Page 13
EXHIBIT B
Rules and Regulations of the Building
1. Tenant will refer to Landlord all contractors, contractor's representatives and
installation technicians rending any service for Tenant for Landlard's supervision and/or
written approval before performance of any such contractual services. This shall apply to all
wark performed in the Building, including, without limitation: (1) installation of telephones,
telegraph equipment, electrical devises and attachments, and installations of any and every
nature affecting floors, walls, woodwork, trim, windows, ceiling, equipment or any other
physical portion ofthe building, (2) painting or drilling (3) boring, cutting or stringing wires.
2. The work of the cleaning personnel shall not be hindered by Tenant after 5:30 P.M.,
and the work may be done at any time when the offices are vacant. The windows, doors and
fixtures may be cleaned at any time. Tenant shall provide adequate waste receptacles,
cabinets, bookcases, map cases, etc. necessary to prevent unreasonable hardship to Landlord in
discharging its obligation regarding cleaning services.
3. Movement in or out of the Building of fixtures of office equipment, ar dispatch or
receipt by Tenant of any merchandise ar materials which requires movement through the
Building entrance or lobby, is restricted to hours designated by Landlord and in a manner to be
approved by Landlord. The approval by Landlard shall include its determination, decision and
control of the time, method and routing of equipment and furniture, together with any
limitations imposed by safety or other concerns that may prohibit any articles, equipment or
any other item from being brought into the building. Any hand trucks, carryalls, or similar
appliance used far delivery or receipt of inerchandise or equipment shall be equipped with
rubber tires, side guards, and such other safeguards, as Landlord shall require. Tenant
expressly assumes all risk of damage to the Property and to any and all articles so moved, as
well as injury to any person or persons or the public engaged or not engaged in the movement.
Landlord is not liable for the act or acts of any person or persons so engaged for any damage
or loss to any property of persons resulting directly or indirectly from any act in connection
with service performed by or for Tenant.
4. Tenant shall not place, install, or operate on the Property any engine, stove or
machinery, or conduct mechanical operations or cook therein, ar place or use in or about the
Premises any explosives, gasoline, kerosene, oil, acids, caustics, or any other flammable,
explosives, hazardous or odorous material without the prior written consent of Landlord.
If consent is granted, Tenant will be required to furnish approved fire extinguishers and have
them inspected and approved by the proper local authorities on an annual basis. No portion of
the Premises shall at any time be used for cooking, sleeping or lodging quarters.
5. Landlord will not be responsible for any lost or stolen personal property, equipment,
money, jewelry, from any of the Property or any public areas i•egardless of whether the loss
occurs when the area is locked against entry or not.
6. Tenant or the employees, agents, servants, visitors, or licensees of Tenant shall not at
any time or place, leave or discard any rubbish, paper, articles, or objects of any kind
whatsoever outside the doors of the Premises, or in the corridors or passageways of any
portion of the Property. No birds, animals, bicycles or vehicles shall be brought into or kept in
or about the Building.
City of Fof�t Wortlz Lease Page 14
7. Landlord may permit entrance to Tenant's offices by use of passkeys controlled by
Landlord's agents, employees, contractors, or service personnel supervised or employed by
Landlord. No additional locks or similar devices shall be placed by Tenant on any door in the
Building unless written consent of Landlord shall have first been obtained. Two (2) keys will
be furnished by Landlard for the Premises any additional keys required must be obtained from
Landlord. A charge will be made for each additional key furnished. All keys shall be
surrendered to Landlord upon termination of tenancy.
8. None of the entries, passages, doors, hallways, ar stairways shall be blocked or
obstructed by Tenant.
9. Landlord shall have the right to determine and prescribe the weight and property
position of any unusually heavy equipment, including without limitation, all safes, large files,
computers, etc. that are to be placed in the Building, and only those which in the sole opinion
of the Landlord will not damage the floors, structure, and/or elevators, may be moved into said
Building. Any damage, occasioned in connection with the moving or installation of the
aforementioned articles in said Building, or the existence of same in said Building shall be
paid for by Tenant.
10. All Christmas and other temporary or special decorations must be flame retardant and
removed within seven (7) days.
11. Tenant shall provide Landlord a list of employees authorized access into Tenant's
office should the employee become locked out of the space during normal business hours.
12. Building hours are 7:00 A.M. — 6:00 P.M., Monday through Friday and 9:00 A.M. —
1:00 P.M., Saturday, except holidays. After hours air condition/heating (7:00 P.M. — 6:00
A.M., Monday through Friday, 3:00 P.M. — 12:00 Midnight, Saturday and 24 hours a day
Sunday and holidays), must be requested in writing by noon of a regular workday prior to the
day for which additional air conditioning/heating is requested. An hourly charge will be made
for all after hours air conditioning/heating.
13. Any furniture or equipment removed from the Building after hours must be listed in
security officer's building register by notifying the building management. Description and
serial numbers must be include on the stationery (letterhead) of Tenant.
14. Names to be placed on or removed from directories should be fiunished to the
Building Manager in writing on Tenant's letterhead.
15. Electric meters, where used, are read on ar about the 20�` of each month. Such
readings may be checked by Tenant at any time and the current consumed I charged with and
in addition to the following month's rent, at rates prescribed by City Public Service.
16. Any additional services not required by Lease to be performed by Landlord, which
Tenant requests Landlord to perform and which are performed by Landlord shall be billed to
Tenant at Landlord's cost plus 20%.
17. All doors leading from public corridors to the Premises are to be kept closed.
18. Canvassing, soliciting or peddling on or about any portion of the Property is
prohibited and Tenant shall cooperate to prevent same.
19. Tenant shall give immediate notice to the Property Manager in case of accidents in
the Premises or any portion of the Property or of defects therein or in any fixtures or
equipment, or of any other type of emergency on or about the Properly.
City of Fort Worth Lease Page 15
20. Tenant shall not use the Premises or permit the Premises to be used for photographic
or multigraph reproductions except in connection with its own business and then only with the
Landlord's prior written consent.
21. Any requirements of Tenant will be attended to only upon application at the office of
the Properiy Manager. Employees of the Property shall not perform any work or do anything
outside of their regular duties, unless under special instructions from the office of the Property
Manager.
22. Tenant shall not make ar permit any loud or improper noises in or about the Property
or otherwise interfere in any ay with other tenants or persons having business with them.
23. For purposes of the Lease, holidays are be deemed to mean and including the
following:
New Year's Day Fourth of July
Labor Day Memorial Day
Thanksgiving and Chrishnas
The Friday following Thanksgiving Day
24. Tenant shall not install any floor covering in the Premises except with the prior
approval of Landlord. The use of cement or other similar adhesive material is expressly
prohibited.
25. The parking lot and driveway are to be used only for the purpose intended by
Landlord and shall not be obstructed or misused in any way. Parking or standing in any
authorized area is prohibited.
26. Tenant shall not place anything or allow anything to be placed on or near the glass of
any window, door, partition or wall which may appear unsightly from outside the Premises;
provided however, that Landlord may furnish and install a Building standard window covering
on all exterior windows.
27. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any
purposes other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein and the expense of breakage, stoppage or damage resulting
from the violation of this rule shall be borne by the Tenant who, or whose employees or
invitees shall have caused it.
28. Landlord reserves the right to exclude or expel from the Property any person who, in
the judgment of Landlord is under the influence of liquor or drugs, or who shall in any manner
do any act in violation of any of these Rules and Regulations.
29. No vending machine or machines or any description shall be installed, maintained or
operated upon the Premises without the written consent of the Landlord.
30. Without the written consent of Landlord, Tenant shall not use the name of the
Building in connection with or in promoting or advertising the business of Tenant except at
Tenant's address.
31. Landlord shall have the right to control and operating public portions of the Property,
the public facilities and heating and air condition as well as facilities fiunished for the
common use of the Tenants in such manner as it deems best for the benefit of the Tenant
generally.
32. Tenant shall fully cooperate and participate in all evacuation, fire safety and related
emergency or security procedures established from time to time by Landlord.
City of Fort Worth Lease Page 16
33. Smoking of cigarettes, cigars, pipes, or any tobacco product inside any portion of the
building at any time is expressly prohibited. Smoking is permitted in outdoor smoking areas
which the Lessor may designate at its sole discretion. Lessor may make special exceptions to
this Rule if Lessee installs ventilation equipment acceptable to Lessar.
34. Landlord reserves the right at any time to rescind any of these Rules and Regulations
of the Building, and to make such other and further rules and regulations as in its sole
judgment shall from time to time be needful for the safety, protection, care and cleanliness of
the Building, the Premises and the attached parking facilities, the operation thereof, the
preservation of good order therein and the protection and comfort of the other Tenant sin the
Building and their agents, employees, and invitees, which Rules and Regulations, when mad
and written notice thereof is given to Tenant, are be binding upon Tenant in like manner as if
originally herein prescribed.
City of Fort Worth Lease Page 17
EXHIBIT C
TENANT IMPROVEMENT
TEMPORARY SPACE
Lessor shall perform the following work in Tenant's premises:
Install two (2) new doors in offices one (1) and three (3)
If Lessee's contemplated move to the permanent space cannot be accomplished, the temporary
premises will be reconfigured at Lessor's cost to not less than 1,983 rentable square feet to
accommodate Lessee's permanent use.
Ciry of Fort Worth Lease Page 18
EXHIBIT C
TENANT IMPROVEMENTS
PERMANENT SPACE
Lessor shall perform the following work in Tenant's premises to achieve the office
configuration highlighted on Exhibit A of the Lease:
(1) Build 87 linear feet of wall.
(2) Install six (6) doors
(3) Repair carpet as necessary
(4) Add wood mini-blinds to e�terior windows as needed
(5) Add one (1) electric circuit for copier in storage room
(6) The option office (highlighted in yellow on Exhibit A) shall be added to the
premises subject to fire department approval of the hallway.
City of Fort Worth Lease Page 19
EXHIBIT "B"
OFFICE SPACE OCCUPIED BY THE CITY OF FORT WORTH,
ECONOMIC AND COMMTJNITY DEVELOPMENT (ECD) DEPARTMENT
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/17/2007
DATE: Tuesday, April 17, 2007
LOG NAME: 17ECDLEASE REFERENCE NO.: **L-14304
SUBJECT:
Authorize a Lease Agreement with Monroe Street Professional Building, Limited for Office Space
Located at 900 Monroe Street to be Used by the Economic and Community Development
Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Monroe Street Professional Building,
Limited for office space located at 900 Monroe Street to be used by the Economic and Community
Development Department; and
2. Authorize the City Manager to exercise the second five year renewal option in 2012 at a rate of $16.00
per square foot, if funds are available and the space is needed.
DISCUSSION:
On April 30, 2002, the City Council authorized the City Manager to enter into a lease with Monroe Street
Professional Building, Limited for office space located at 900 Monroe Street to be occupied by staff from the
Economic and Community Development Department (City Secretary Contract No. 27682 as amended by
City Secretary Contract No. 28949 and 31047).
The original agreement was for a five year period, which began May 1, 2002, and included two five-year
renewal options at the end of the term of the agreement. ECD is now exercising the first five-year renewal
term, with the second five-year renewal term to be exercised in 2012.
The lessor and lessee agree that the lessee will lease 3,504 square feet at a lease rate of $14.50 per
square foot. This is a lease cost of $50,808.00 annually, or $4,234.00 monthly, plus $75.78 per month for
parking. The new monthly rate will become effective May 1, 2007. In addition, ECD will be responsible for
its share of the operating expenses as described and limited under the terms of the lease agreement.
All other terms and conditions of the original lease agreement and subsequent amendments remain
unchanged.
FISCAL INFORMATION/CERTIFICATION: •
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
Logname: 17ECDLEASE Pa�e 1 of 2
TO Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GG01 537010 0171000 0.00
Dale Fisseler (6140)
Tom Higgins (6192)
Jay Chapa (5804)
Ardina Washington (8003)
Logname: 17ECDLEASE Pa�e 2 of 2