HomeMy WebLinkAboutContract 35745 (3) CITY SECRETARY
CONTRACT NO.
LEASE AGREEMENT
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COUNTY OF TARP T §
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2007, the effective date hereof, at Fort Worth, Texas by and between the
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representative, Assistant City Manager, Dale Fisseler, (Lessor) and US Mexico Chamber of
Commerce, (Lessee).
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A. For and in consideration of the rental payments to be paid under this Lease, Lessor leases
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�.�0.— "A—. �.;v.:.rv:. a:.u.::..: c A.. - a..:..v :.--- - _--C u_ -a.:. Y---Y- -
service basis:
ri oroxili aie1v 200 rei-.i.iilc �Sfi.C_ ii.li 1,_n cii ri_liil _ � I
in the "Building" located at 808 Throckmorton.Street, Fort Worth, Tarrant
County, Texas, a more particular description of which is attached as "Exhibit A."
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improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred
to as the"Leased Premises".
B. The Leased Premises shall be !eased to Lessee unfurnished.
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Lease. If Lessor desires to move Lessee during the term of this Lease, Lessor shall offer
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accept such space. If Lessee does not accept the new space, this Lease shall
automatically be terminated.
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i Lessee understands that Lessor is subleasing the Leased Premises to Lessee and that Lessor is
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C"Master Lease") and liessee agrees that this Lease is subject and subordinate to such Master
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SECTION 3. Use of Premises.
A. The Leased Premises shall be used primarily for administrative offices of the Lessee.
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hazardous or high-risk nature that would endanger property or human safety. Lessee will
City of Fort Worth Lease Page 1
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lake rnea.sules, TO 12--- aVa.iii�% n.nv Iyonklii.linl di.i_ Lliry i,cn_-�Gu rieii iii at illsi al iiny.L i4
or of a hazardous or high-risk nature that would endanger property or human safety.
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A. This lease sll ll be for a period of 12 months commencing on September 1, 2007 and
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Lessee under the termination provisions of this Lease. During the one-year term, Lessee
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monthly installments of S20'6.66.
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to Lessor at the then prevalent market rate as determined by Lessor.
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during any renewal term
C. Lessee shall pay Lessor rent at 808 Throckmorton Street Fort Worth, Texas 76102.
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A. In the event Operating Expenses(as hereinafter defined) of Lessor incurred in connection
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calendar year during the Term of this Lease exceed the sum of the 2006 Base Year Actual
C'1xpGiljc.1_ IX;,JWV nVlss� ell "dy 0. akitu Y.iliiial i-ciit,I I,c��cc Ulil ina'd jlSaic i i,cj c� j
Share") as determined by Lessor of such Operating Expenses in excess of 2006 Base
Year. ("Excess Operating Expenses") of the Leased Area. The 2006 Base Year shall be
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Limited Partnership.
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every kind and nature whatsoever incurred by Lessor in connection with the ownership,
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reduce Lessee's rent below the sum set forth in Section I.A.
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Period, as estimated under the Master Lease. if this Lease commences on other than the
iiii ud.y ill a Gdiciilial yeas; vl 11 uiii L,caac cn�lilG� iiii lnucl Liid.ii i�ic ia�L iiav iii a
calendar year, then the Excess Operating Expenses shall be prorated according to the
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to the commencement of each calendar year during the T erm, commencing with the
\alcu IIual vcal GVV Lcll .11t 111 4ii iLll iI1JY1 Lb cicc A W! tI ILLG L6LGIIiG IIItii3iiV liiiiii L�fc
estimated Lessee's Share for the following year and a statement showing one-twelfth
I 17
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Share shall be greater than or less than the aggregate of all' installments so paid to the
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such underpayment within thirty (30) days of delivery of such statement, or the Lessor
shall credit Lessee for the amount of such overpayment, as the case may be.
City of Fort TVorth Lease Page 2
Premises.
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11 EHI 11C i La1lifi!5 all ItYl LIIU I tf aI uUI UMIICaill-I
internet charges.
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Lessee shall keep thel Leased Premises, including all fixtures installed by Lessee, in good and
es. -C -11-all p- - r-plac-i-ne- - --hie 'o-1.1endi- pie-a-pie L-,Clllc]L t a. klill II i C; N 1 11 av 1.11C utysl. iji Inviali diki e0i -0 fit. t
damage or injury done to the Building (other than the Leased Premises) or any part thereof by
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paid by Lessee to Lessor upon demand, plus interest thereon, as provided in this Lease, from
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Leased Premises to Lessor in the same condition in which they existed at the commencement of
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hereunder to be repaired at Lessor's expense
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A. Lessee shall not make any alterations, additions, or improvements to the Leased Premises
without the prior written consent of Lessor.
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right to enter upon the Leased Premises for the purpose of inspecting same, or of making
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to adjacent premises, or of showing the Leased Premises to prospective purchasers,
lessors, or lenders.
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A. Commercial General Liability Insurance. Lessee shall at all times during the term
"di ILY011oldl LIdIUIIILV I-MILV M f11.1111allUt; VVILII JIIIIILS MY1, I S.S
than $1,000,000 per occurrence, combined single limit for bodily injury or death and
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-Z:X11-1,—. r—IJ "�- —.) W� �� -as an additional insured. Lessee shall furnish to Lessor a certificate of insurance
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ve-Iff-VIF12 SiXii GUIVIC-1al-1-v.0 W-1111 -a- Mal, .ULAI iJtJIlLv shall n(A 0 - S--
cancellation except upon thirty (3)0) days' prior written notice to Lessor. Lessor may, at
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10. MMOIL alNty ICUU-1-110- LUN.NUU U] S U-111-111 -a- C-ADDY-V %Ji Lim OthiCy OF l7K-)-HCAe.%- 'lit CiiML dz% - Eli
as proof of payment of premiums.
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insurance which will insure against loss of property owned by Lessee which is located
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on the 1 eased -ur—mise-s. SM.- insurati—
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Lessor.
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beverages to be sold, given or served, Lessee shall at all times during the term hereof
I
maintain Liquor Liability coverage and Host Liability coverage with limits not le
City of Fort mirth Lease Page 3
^.",onym, TEX.
$1,000,000 per occurrence, combined single limit for bodily injury or death and
property damage, $2,000,000 aggregate.
D. Prior to Les ee moving into the Leased Premises, Lessor must provide Lessee with
evidence of overage required by this Lease. Such evidence shall be in the form of
Certificates of Insurance issued by the insurance carrier. Throughout the term, Lessor
must provide Lessee with renewal certificates prior to the expiration date shown on the
previous Certificate of Insurance on file with Lessor. Certificates of Insurance must
specify the additional insured status mentioned above as well as the Waivers of
Subrogation. Each Certificate of Insurance must state that Lessor will be notified in
writing thirty(30) days prior to cancellation, material change, or renewal of insurance.
SECTION 10. INDEMNITY; WAIVER OF LIABILITY
A. LESSEE AGREES TO INDEMNIFY, DEFEND AND SAVE HARMLESS LESSOR
AND ITS EMPLOYEES (COLLECTI -ELY "INDEMT NITEES") FROM AND
AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS
(INCLUDING COURT COSTS, ATTORNEYS' FEES, AND COSTS OF
INVESTIGATION) OF ANY NATURE, HIND OR DESCRIPTION OF ANY
PERSON OR ENTITY, DIRECTLY OR INDIRECTLY ARISING OUT OF,
CAUSED BY;I OR RESULTING FROM(IN WHOLE OR IN PART): (i) THE USE
AND OCCXiiATION OF THE LEASED PREMISES, (ii) ANY ACT OR
OCCURRENCE ON THE LEASED PREMISES, OR ANY PART THEREOF, (iii)
THIS LEASE OR THE PERFORMANCE BY LESSEE OF ITS OBLIGATIONS
HEREUNDER OR (iv) ANY ACT OR OMISSION ON THE PART OF LESSEE
OR ANY INVITEE, LICENSEE, EMPLOYEE, DIRECTOR, OFFICER,
SERVANT, CONTRACTOR, SUBCONTRACTOR OR LESSEE OF LESSEE
OCCURRING ON, IN, OR ABOUT THE LEASED PREMISES OR THE
BUILDING (THE ABOVE HEREINAFTER COLLECTIVELY REFERRED TO
AS "CLAIMS"), EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARISE,
VDOILI OR a V V s`I'TFJB-UTED TO THE CONCURRENT NEGLIGENCE, SOLE
NEGLIGENCE ANVD OR S'-f ICT LIABII.I'I'Y OF ANY OF THE
INDEMNITEES. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT
B Y OR AGAV i ST ANi 111INDEiv IN1TEE Div C001--1 NNE C TTI0 N Wit i it NN 1 SIiCH
LIABILITY OR CLAIMS, LESSEE, ON NOTICE FROM LESSOR, SHALL
DV + +''Vn 9'fTrT4 A CTTO1V OR PROi"r_I+TJT— 4- A T 7 l±cCT+'F�c FXPT'NCF RV OR
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I'HRO U GH A 11 I OI NEE Y S REASONABLY SATISFACTORY TO LESSOR. THE
PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES
OF 7,Ff:QFr TVTTU 1D':'^PaCT' '3'`_': T"InK :0 4SED Vo'rA*?law'Q ^?.} R'!MnVIVE!
WHETHER OCCURRING BEFORE OR AFTER THE COTAl�tr;NCEfiI NT
DATE OF THE TERM AND BEFORE OR AFTER THE EXPIRATION OR
'y Rr Vl i A ��r OF -I fS LEASE. �ESSOE `� O.4�uGA l I'il S UNDER MS-
a�...4..���.:vim
PARAGRAPH SHALL NOT BE LIMITED TO THE LIMITS OR COVERAGE
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_
LESSEE UNDER THIS LEASE.
City ofFort lYorth Lease Page 4
B. NO INDEMNITEE SHALL BE LIABLE IN ANY MANNER TO LESSEE OR ANY
OTHER PARTY FOR ANY INJURY TO OR DEATH OF PERSONS OR FOR
ANY LOSS OF OR DAMAGE TO PROPERTY OF LESSEE, ITS EMPLOYEES,
AGENTS, CUSTOMERS, INVITEES, OR TO OTHERS, REGARDLESS OF
WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF THE
BUILDING, OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY,
THEFT, OR ANY OTHER CAUSE OF WHATSOEVER NATURE. EXCEPT TO
THE EXTENT THAT SUCH INJURY, LOSS OR DAMAGE IS CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF ANY INDEMNITEES, IN NO
EVENT SHALL ANY INDEMNITEE BE LIABLE IN ANY MANNER TO
LESSEE OR ANY OTHER PARTY AS THE RESULT OF THE ACTS OR
OMISSIONS OF LESSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS OR
ANY OTHER LESSEE OF THE BUILDING. ALL PERSONAL PROPERTY
UPON THE LEASED PREMISES SHALL BE AT THE RISK OF LESSEE ONLY
AND NO INDEMNITEES SHALL BE LIABLE FOR ANY DAMAGE THERETO
OR THEFT'THEREOF,EXCEPT TO THE EXTENT THAT SUCH DAMAGE OR
THEFT IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY
INDEMNITEE.
SECTION 11: DEFAULTS AND REMEDIES
A. Lessee Defaults. Each of the following acts or omissions of Lessee or occurrences shall
constitute an "Event of Default:"
(1) Failure or refusal by Lessee to timely pay Rent or other payments hereunder.
(2) Failure to perform or observe any other covenant or condition of this Lease by
Lessee to be performed or observed prior to the expiration of a period of ten (10)
days following written notice to Lessee of such failure.
(3) Abandonment or vacating of the Leased Premises or any significant portion
thereof for a period in excess of ninety(90) days.
(4) The filing or execution or occurrence of A petition in bankruptcy or other
insolvency proceeding by or against Lessee; or petition or answer seeking relief
under any provision of the Bankruptcy Act; or an assignment for the benefit of
creditors or composition; or a petition or other proceeding by or against the
Lessee for the appointment of a trustee, receiver or liquidator of Lessee or any of
Lessee's property; or a proceeding by any governmental authority for the
dissolution or liquidation of Lessee.
B. This Lease and the Term and estate hereby granted and the demise hereby made are
subject to the limitation that if and whenever any Event of Default shall occur, Lessor
may, at its option, in addition to all other rights and remedies given hereunder or by law
or equity, do any one or more of the following:
City of Fort Worth Lease Page 5
(1) Terminate this Lease, in which event Lessee shall immediately surrender
possession of the Leased Premises to Lessor.
(2) Enter upon and take possession of the Leased Premises and expel or remove
Lessee and any other occupant therefrom, with or without having terminated the
Lease.
(3) Alter locks and other security devices at the Leased Premises.
C. No such alteration of security devices and no removal or other exercise of dominion by
Lessor over the property of Lessee or others at the Leased Premises shall be deemed
unauthorized or constitute a conversion, Lessee hereby consenting, after any Event of
Default, to the aforesaid exercise of dominion over Lessee's property within the Building.
All claims for damages by reason of such re-entry and/or repossession and/or alteration
of locks or other security devices are hereby waived, as are all claims for damages by
reason of any distress warrant, forcible detainer proceedings, sequestration proceedings
or other legal process. Lessee agrees that any re-entry by Lessor may be pursuant to
judgment obtained in forcible detainer proceedings or other legal proceedings or without
the necessity for any legal proceedings, as Lessor may elect, and Lessor shall not be
liable in trespass or otherwise.
D. In the event Lessor elects to terminate the Lease by reason of an Event of Default, then,
notwithstanding such termination, Lessee shall be liable for and shall pay to Lessor at
Fort Worth, Tarrant County, Texas,the sum of all Rent and other indebtedness accrued to
the date of such termination.
E. Notice of Termination. If Lessee fails to cure any default within the time periods set
forth in Section 12A above, Lessor may terminate this lease upon written notice sent
certified mail to the Lessee. Termination shall be effective 30 days after Lessee receives
such notice.
F. Lessor Default. In the event of any failure to perform any provision in this Lease
Agreement 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 termination to be effective
within ten (10) days after Lessor's receipt of such notice.
SECTION 12. Fixture .
Lessee may remove all of its owned trade fixtures, office supplies and movable office furniture
and equipment not attached to the Building provided: (1) such removal is made prior to the
termination of the Term; (2) Lessee is not in default of any obligation or covenant under this
Lease at the time of such removal; and (3) Lessee promptly repairs all damage caused by such
removal. All other property at the Leased Premises and any alteration or addition to the Leased
Premises(including wall-to-wall carpeting, paneling or other wall covering) and any other article
City of Fort Worth Lease Page 6
attached or affixed to the floor, wall or ceiling of the Leased Premises (any of which as stated
above shall require Lessor's prior written consent) shall become the property of Lessor and shall
remain upon and be surrendered with the Leased Premises as part thereof at the termination of
this Lease, Lessee hereby waiving all rights to any payment or compensation therefore. If,
however, Lessor so requests in writing, Lessee will, prior to termination of this Lease, remove
any and all alterations, additions, fixtures, equipment and property placed or installed by it or at
its request in the Leased Premises and will repair any damage caused by such removal.
SECTION 13. Non-Appropriation Termination
Notwithstanding any provision contained herein, this Lease shall terminate in the event
that the governing body of Lessor shall fail to appropriate sufficient funds to satisfy any
obligation of the City of Fort Worth under the Master Lease. Termination shall be
effective as of the last day of the fiscal period for which sufficient funds were appropriated
or upon expenditure of all appropriated funds,whichever comes first.
SECTION 14. 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 payment 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 termination of the Lease; and Lessee shall be
responsible for repairing any damage to the Leased Premises caused by the removal of furniture
and equipment.
SECTION 15. Governmental Regulations.
A. 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.
B. Lessee shall not introduce nor allow to be introduced any hazardous waste or materials
within the Leased Premises.
SECTION 16. Assignment.
Lessee shall not assign this Lease without the prior written approval of Lessor.
SECTION 17. Notices.
All notices to Lessor shall be sent to:
Sigi Frias
Director, Fort Worth International Center
808 Throckmorton
Fort Worth, Texas 76102
City of Fort Worth Lease Page 7L2 i
All notices to Lessee shall be sent to:
Albert C.Zapanta
808 Throckrnorton St.
Fort Worth,TX 76102
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 18. Entire Agreement; Modification.
A. 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.
B. This agreement cannot be changed or modified orally, but only by an instrument in
writing signed by both parties.
SECTION 19. 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 20. Choice of Law; Venue.
A This lease and the relationship created hereby shall be governed by the laws of the State
of Texas.
B. 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 21. Holdover.
Any possession of the Leased Premises by Lessee after the date of expiration or termination of
the Lease shall be deemed to be a month-to-month tenancy at sufferance, terminable by either
party upon 30 days written notice.
SECTION 22. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto.
City of Fort Worth Lease Page 8
ATTACHMENT& EXHIBITS
Exhibit A Leased Premises
SIGNED this day of 52007.
LESSOR: City of Fort Worth LESSEE:
By: Z By:
Dale Fisseler �' Albert C. Zapanta
Assistant City Manager President& CEO
ATTEST:
fN-\\
Marty Hendrix
City Secretary
APPRONIED AS TO FORM ATv'D'EGALi i Y:
City Attorney o s Designee
Date: -2 0
M& C Number: (�" / 7 yy�0 Contract Number:
V f� Nn o
City of Fort Worth Lease Page 9 h= 1 r
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Dale Fisseler, 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.
VE UNDER MY HAND AND SEAL OF OFFICE this `day of
, 2007.
ANA L.BRISENO Notary Public in and for the State of Texas
Notary Public,State of Texas
My Commission Expires
March 07,2011
City of Fort Worth Lease Page 10
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Albert C.Zapanta, 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 US Mexico Chamber of Commerce and that he/she executed the same as the act of said
US Mexico Chamber of Commerce for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 ..�
REBECCA GONZALEZ QUEEN
W COMMISSION EXPIRES
JANUARY 10,2011
Notary Public in and for the State of Texas
City of Fort Worth Lease Page 11
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City of Fort Worth Lease Page 12
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2004
DATE: Thursday, August 05, 2004
LOG NAME: 17FWIC LEASE REFERENCE NO.: **G-14446
SUBJECT:
Authorization to Sublease the Leased Space at 808 Throckmorton Street, Fort Worth, Texas, for the
Fort Worth International Center
RECOMMENDATION:
It is recommended that the City Council authorize the Fort Worth International Center (FWIC), through
February 28, 2012:
1. To sublease available space and work stations to organizations involved in international trade or
relationships in order to generate rent revenue;
2. To offer short-term no-cost leases to foreign companies evaluating investment in Fort Worth; and
3. To offer no-cost leases to local, state, federal and foreign government agencies, with a requirement to
report quarterly performance measures.
DISCUSSION:
The Fort Worth International Center occupies 13,344 square feet in the building located at 808
Throckmorton Street. The current lease on the space expires February 28, 2009 and includes a clause
permitting renewal until 2012. Rent revenue collected from tenants will offset the cost of the lease to the
General Fund.
Offering short-term, (normally 4 to 6 weeks), no-cost leases, to foreign companies that come to Fort Worth
to evaluate making an investment, is a strategy in the FWIC business plan to facilitate recruiting foreign
investment in Fort Worth. Companies assessing Fort Worth for office, warehouse and/or manufacturing
facilities will be allowed to use an office in the FWIC during regular office hours. No keys will be
issued. Telephone lines in the office would be restricted from long distance charges. Limited receptionist
services would be included.
The FWIC builds relationships with government agencies to provide international business development
and transaction level assistance to local businesses. Such government agencies may be offered no-cost
leases. The no cost lease covers office space only. All other expenses incurred by the government agency
pertinent to occupying the space will be the responsibility of the agency. Those leases would include a
requirement to report performance measures, such as numbers and amounts of transactions each quarter.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Economic & Community Development Department will be
responsible for the collection and deposit of funds for any subleases generated by this agreement.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/6/2007
Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 442323 0174010 $0.00
Submitted for City Manager's Office by: Dale Fisseler(Acting) (6140)
Originating Department (Head: Tom Higgins (6192)
Additional Information Contact: Dorothy Wing (212-2665)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/6/2007