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HomeMy WebLinkAboutContract 40298 (2)STATE OF TEXAS § COUNTY OF TARRANT § LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located in Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as the "City") and TEAM FORT WORTH YOUTH SERVICES, INCORPORATED of Fort Worth, a legally constituted non- profit entity, (hereinafter referred to as the "Lessee"). SECTION I LEASED PREMISES 1.01 For and in consideration of the rental payments to be paid under this Lease Agreement and the agreements of the parties expressed herein, City does hereby grant to Lessee the use of space located at the Fire Station Community Center, located at 1601 Lipscomb within the City of Fort Worth, for the purpose of office space at the "Leased Premises" herein described as follows: 345 square feet of net usable space located on the second floor at the Fire Station Community Center and nonexclusive street parking for fifteen (15) vehicles, including one (1) parking space that meets the applicable handicap accessibility requirements, all located at 1601 Lipscomb Street Fort Worth, Tarrant County, Texas, 76104, 1.02. Lessee understands that the parking area is not for the exclusive use of the Lessee and that the City and/or patrons of the Fire Station Community Center or the Fire Station Park, may use the parking areas at any time. SECTION 2 USE OF LEASED PREMISES 2.01 Lessee shall use the Leased Premises space solely for office space and office related uses for the Team Fort Worth program. 2.02 Except due to emergency circumstances, City agrees to notify Lessee of any change in the hours of operation by providing Lessee with written notice, at least five (5) working days prior to the change taking effect. City agrees to provide similar notice to Lessee should the Leased Premises not be available to the Lessee due to special events, scheduled maintenance or other non -emergency closures. OFFICIAL RECORD 1 CITY SECRETARY 06-09-1 0 A 1 0: 07 INII IFT. WORTH, TX j 2.03 If the Lessee requests additional space during the term of this Lease Agreement, City may, at its sole discretion and if space is available, furnish such space adjacent to the Leased Premises at a rental not more than the monthly cost per square foot, as stated in Section 4, below. The additional leased space term shall be concurrent with the balance of the license period outlined by this Agreement. The City agrees to furnish all services provided in this Agreement to the additional space. The lease of additional space shall not be valid unless executed in writing and signed by all parties. 2.04 Lessee shall not sell any food, beverages, merchandise, signage or other products or items on the Leased Premises. 2.05 Lessee agrees to pay for the construction of any planned improvements required by the Lessee prior to occupancy. The planned improvements shall be submitted in writing to the Director, Parks and Community Services Department for review and approval. No work shall begin until approval is received in writing. All improvements shall be identified as "Exhibit A, Facility Improvements" and incorporated herein as part of this Agreement. 2.06 The City grants to Lessee the use of a said portion of the Leased Premises outside the Center's normal hours. Access by Lessee to the Leased Premises at times other than during the normal operating hours is within the discretion of the City. Access shall be made through the door and stairs located outside the building. 2.07 Lessee shall provide and maintain a business mailing address separate and apart from the address of the Leased Premises. SECTION 3 USE OF CITY FACILITIES 3.01 Lessee is authorized the use of City gymnasiums operated by Parks and Community Services for practice and tournament play in support of their athletic program. 3.02 Lessee shall reserve the gymnasium or portion of the gymnasium not less than 30 days in advance and no earlier than 45 days in advance. Reservations shall be made with the Community Center Supervisor/Coordinator. Reservations shall specify the date, time, and duration of the event. Reservations requested with less than 30 day advance notice will be approved at the Community Center Supervisor's/Coordinator's discretion. 3.03 Lessee shall ensure that every person on Team Fort Worth teams participating in practice play has a valid City of Fort Worth Community Center membership card. Visiting teams from other municipalities and spectators are exempt from this requirement. FJ 3.04 The fee for use of the gyms at any of the Community Centers is: Tournament play - $35.00 per hour per day of use. 3.05 Fee policy: There are no refunds for unused time. Fees are per hour and will not be prorated for portions of hours. A deposit of $75.00 is required for each event, practice or tournament, at each Community Center. The deposit will be managed in one of the following methods: 1. It will be kept if any damage is found after any event. 2. If no damage is done, it may be left on account with the Community Center as a deposit for the next scheduled event. 3. If no damage is done, it may be applied to the rental fee. 4. If no damage is done, it may be returned. 3.06 Lessee shall provide clean up immediately after each practice and tournament. 3.07 Lessee shall provide security at each and every tournament for the entire tournament time. SECTION 4 MONTHLY RENTAL 4.01 Lessee agrees to pay City for the ease of the Leased Premises, as described above, at the rate of Five Hundred Dollars and No Cent (500.00) per year, or Forty One and Sixty Seven One Hundredths Dollars ($41.67) per month, during the term of this Lease. City agrees to submit monthly statements for rent to the Lessee, but failure of the City to submit said monthly statement to Lessee shall not relieve the Lessee from its obligation to pay the monthly rental as required under this Agreement. 4.02 The monthly rentals provided for herein shall be due and payable by Lessee to the City on the first day of the month for which said rentals are due. The Lessee shall make all monthly rental payments on or before the 1 Ot" day of each month of this Agreement. All monthly rental payments and any other sums due and payable to the City shall be, addressed to the Revenue Office, 1000 Throckmorton, Fort Worth, Texas 76102. SECTION 5 TERM OF LEASE 5.01 The primary term of this Lease shall be for a period of four years commencing on the 1st day of January 2010, and ending on the 31 st day of December 2014, without any renewal options. 3 5.02 This Agreement may be terminated without cause by either party upon thirty days (30) days written notice of such intent to terminate. SECTION 6 RIGHT OF ACCESS 6.01 During the term of this Lease, City or its agent shall have the right to enter upon the Leased Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee or its Permitted Subtenants have complied with all the terms and conditions of this and the subtenant Agreements. Except in the event of an emergency, City shall conduct inspections during ordinary business hours and shall use its best efforts to provide Lessee at least two (2) hours notice prior to inspection. Lessee shall be responsible for notifying the Permitted Subtenants, 6.02 During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this Lease or pursuant to its governmental duties under federal state or local laws, rules or regulations. 6.03 Lessee will permit the City`s Fire Marshal or his or her authorized agents to inspect the Leased Premises and Lessee will comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Leased Premises into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. Lessee shall maintain in proper condition accessible fire extinguishers of a number and type approved by the Fire Marshal or his or her authorized agents for the particular hazard involved. SECTION 7 TITLE AND CONSTRUCTION 7.01 The Leased Premises are subject to any statement of facts which an accurate survey or physical inspection might show, all zoning, restrictions, regulations, rulings and ordinances, building restrictions, and other laws and restrictions now in effect or hereafter adopted by any governmental authority having jurisdiction and are leased in their present condition without representation or warranty by City. 7.02 Lessee agrees that Lessee has examined the Leased Premises prior to the execution of this Agreement and is satisfied with the physical condition of the Leased Premises. Lessee's taking possession of the Leased Premises shall be conclusive evidence of its receipt of the premises in a safe, sanitary, and good condition and repair, except for those conditions that the Lessee provides City written notice of prior to the execution of this Agreement. Lessee agrees that it is taking the Leased Premises in their current "AS IS" condition, with no representations or warranties of any nature whatsoever by City (except as otherwise specifically provided for in this Lease). SECTION 8 USE OF PREMISES; COMPLIANCE WITH LAW; EASEMENTS 8.01 Lessee is granted and shall have the right to use and occupy the Leased Premises solely for the purposes stated in this Agreement, provided that such purpose complies with existing zoning of the Leased Premises and the purposes stated under this Agreement. 8.02 Lessee shall not engage in any unlawful use of the Leased Premises. Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, subtenants, patrons, Lessees or invitees to engage in any unlawful use of the Leased Premises and Lessee immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Leased Premises by Lessee shall constitute an immediate breach of this Lease. 8.03 Lessee will not do or suffer any waste to the Leased Premises. Lessee shall, at its cost and expense, comply with and cause the Leased Premises to comply with: (i) all valid federal, state, local, and other governmental laws, ordinances, rules, orders, and regulations affecting the Leased Premises or a part thereof or the use thereof, and (ii) all rules, orders, and regulations of the National Board of Underwriters or other body exercising similar functions in connection with the prevention of fire or the correction of hazardous conditions which apply to the Leased Premises. Lessee shall comply with the requirements of all policies of insurance which at any time may be in force with respect to the Leased Premises and, to the extent that Lessee has written notice thereof, with the provisions of any contracts, agreements, and restrictions affecting the Leased Premises or a part thereof or the ownership, occupancy, or use thereof which shall have existed at the time of commencement of the Primary Term or shall have been approved in writing by Lessee. 8.04 Lessee will comply with all federal, state, and local laws, statutes and all ordinances, charter provisions, rules and regulations of the City of Fort Worth; including all rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments; and any and all requirements specifically made by the City of Fort Worth Fire Marshal in connection with this Lease Agreement. 8.05 All City facilities are designated non-smoking areas. SECTION 9 TAXES AND OTHER CHARGES; LIENS 9.01 Lessee agrees to pay any and all taxes levied against the Leased Premises during the term of the Lease due to their occupancy or use thereof. 9.02 Lessee shall remove and discharge promptly, at its cost and expense, all liens, encumbrances, and charges upon the Leased Premises or Lessee's leasehold interest which arise 5 c out of Lessee's or its Permitted Subtenant's possession, use, occupancy, maintenance, or repair of the Leased Premises or by reason of labor or materials furnished or claimed to have been furnished to Lessee or any of its Permitted Subtenants, but excluding liens, encumbrances, and charges caused or permitted to be caused by City, which shall be the sole responsibility of the City. 9.03 Lessee's failure to discharge any such purported lien shall constitute a breach of this Lease and City may terminate this Lease upon thirty (30) days written notice. However, Lessee's financial obligation to City to liquidate and discharge such lien shall continue in effect following termination of this Lease and until such a time as the lien is discharged. 9.04 City shall pay all utilities, except for telephone and computer use and installation charges. SECTION 10 MAINTENANCE 10.01 Lessee shall keep and maintain the Leased Premises in a good, clean and sanitary condition at all times. Lessee covenants and agrees that Lessee will not make or suffer any waste of the Leased Premises. Lessee shall be responsible for all damages caused by Lessee, its agents, servants, employees, contractors, subcontractors, subtenants, Lessees, or invitees, and Lessee agrees to fully repair or otherwise cure all such damages at Lessee'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 Lessee or others incident to the exercise of privileges herein granted shall be repaired or replaced by the Lessee to the reasonable satisfaction of the City within thirty (30) days of receipt of written notification from the City. 10.02 Lessee shall pay all janitorial costs related to the Leased Premises. Lessee shall remove trash and refuse from the Premises daily. 10.03 During the term of this Agreement, Lessee shall notify the City in writing in reference thereto by certified mail of any conditions on the Leased Premises that in its opinion are not in reasonably good repair and condition, reasonable wear and tear excepted, and subject to budgetary limitations, City shall make all reasonable necessary repairs, to Leased premises. SECTION 11 IMPROVEMENTS, REPLACEMENTS, ADDITIONS, AND REMOVALS; LANDLORD'S LIEN 11.01 Lessee may bring on to the Leased premises any equipment and improvements reasonably necessary to perform their business. 0 11.02 Lessee 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 Leased 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 City. 11.03 Lessee agrees that, except as otherwise expressly provided herein, all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Leased Premises shall be used at Lessee's sole risk or at the sole risk of those claiming under Lessee. 11.04 Any signs necessary to indicate Lessee's name, location, and purpose shall be prepared and installed at the sole cost of by the Lessee 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 Lessee. 11.05 City assumes no responsibility for any property placed on the Leased Premises or any part thereof by the Lessee, or any agent, officer and/or employee of the Lessee. SECTION 12 INDEMNIFICATION 12.01 LESSEE COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITYAND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ANYAND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATERSOVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS LEASE AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS LEASE AGREEMENT 7 AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OF SUBCONTRACTORS OF CITY. LESSEE LIKEWISE CONVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTACTORS OR SUBCONTRACTORS OF CITY. 12.02 LESSEE AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS LEASE AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY-S SLOE OR CONCURRENT NEGLIGENCE. 12.03 LESSEE SHALL REQUIRE ALL OF ITS SUBCOTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANITALL Y THE SAME FORMAS ABOVE. SECTION 13 INSURANCE 13.01 Lessee, on behalf of itself and the Permitted Subtenants, further covenants and agrees to obtain and keep in force during the term of this Lease a policy covering the Lessee and the Permitted Subtenants providing for bodily injury and property damage insurance in amounts as follows: a. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate b. Automobile Liability $1.000,000 each accident on a combined single limit or $25000 Property Damage $500,000 Bodily Injury per person per occurrence c. A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of the event Leased herein. d. Worker's Compensation: Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 13.02 Certificates of insurance evidencing all required insurance shall be delivered to City prior to occupancy. a. All policies except Worker's Compensation shall be endorsed to name... City an Additional Insured, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. b. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. c. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. d. A minimum of thirty (30) days notice of cancellation or material change in coverage effecting the required lines and limits of insurance shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Director, PACSD, City of Fort Worth, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. e. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of Al VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. f. Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must also be approved. Dedicated financial resources or letters of credit may also be acceptable to City. g. All policies shall each be endorsed with a waiver of subrogation in favor of City. h. City shall be entitled, upon its request and without incurring expense, to review the Lessee's insurance policies including endorsements thereto and, at the City's discretion, Lessee may be required to provide proof of insurance premium payments. i. The Commercial General Liability insurance policy shall have no exclusions by endorsements that have effect on the lines and limits of insurance required in this agreement, unless the City approves such exclusions. 13.03 The policy must not be subject to cancellation for any reason except upon thirty (30) days prior written notice by the insurer to the City of Fort Worth. Lessee shall furnish certificates of insurance evidencing these coverages and the waiver and naming the City of Fort Worth and the Fort Worth as an additional insured party prior to the inception of the Term and shall deliver renewal certificates to the City if the coverages expire during the Term. SECTION 14 CONDEMNATION 14.01 If the title to all or substantially all of the Leased Premises is taken by condemnation proceedings or any right of eminent domain, this Lease and all subleases will terminate on the date of such taking, and City shall be entitled to receive the proceeds resulting from such taking. Lessee and Permitted Subtenants waive any right to any compensation attributable to its leasehold interest in the Leased Premises. SECTION 15 EVENTS OF DEFAULT is LESSEE; REMEDIES OF CITY; AND TERMINATION 15.01 In the event one or more of the following shall happen and continue (herein called an "event of default'): a. Lessee defaults in the payment of any of the rents provided to be paid hereunder and such default shall continue for thirty (30) days following written notification from City; b. Lessee defaults in the observance or performance of any other provision of this Agreement which is not remedied within thirty (30) days after written notice of such default by City to Lessee properly specifying wherein Lessee has failed to perform any such provision; it being understood that if by reason of force majeure, meaning Acts of God, strikes, lockouts or other industrial disturbances, acts of public enemies, orders of any kind of the Government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fire, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accident to machinery, transmission pipes or canals, partial or entire, failure of utilities or any other cause not reasonably within the control of Lessee, Lessee shall be rendered unable wholly or in part to 10 carry out the obligations referred to under this clause (b), Lessee shall not be in default during the continuance of the inability claimed; c. A trustee or receiver is appointed for Lessee for all or any substantial part of its property without the consent of Lessee and is not discharged within ninety (90) days after such appointment, excluding any period in which such appointment shall be stayed upon appeal or otherwise; d. Any other breach of a term or obligation of this agreement; or e. Lessee uses the Leased Premises in an unlawful manner. 15.02 In the event of default as provided for in this Agreement in Section 15.01 (a) through (e), City may terminate this Lease by giving to Lessee thirty (30) days notice of City's intention so to do, in which event the Term of this Lease shall end, and all right, title, and interest of Lessee hereunder shall expire on the date stated in such notice. City shall have the right to enter upon and take possession of said premises, and shall have the remedies now or hereafter provided by law for recovering of rent, repossession of the premises and damages occasioned by each default. Any rights of the Lessee to the possession of the Leased Premises shall cease on the date stated in such notice. City, in its discretion, may terminate the Lease immediately if Lessee uses the Leased Premises in an unlawful manner. 15.03 In the event of default as provided for in this Agreement in Section 15.01 (e), City may terminate this Agreement immediately and remove the Lessee from the Leased Premises, 15.04 In the event of the termination of this Lease by City, Lessee may remove any improvements, fixtures, or other items attached to any structure on the Leased Premises belonging to the Lessee and placed on the Leased Premises by the Lessee provided that Lessee shall reimburse the City for any damage to the Leased Premises caused by the removal of any improvements or fixtures by either the Lessee, its agents, servants, employees, representatives, contractors or subcontractors. If Lessee removes any fixtures or improvements belonging to City during the term of this Agreement, at the termination of this Lease, Lessee agrees to replace or reinstall any fixtures or improvements to its original place and in its original condition, as found at the beginning of this Agreement. 15.05 Within twenty (20) days following the effective date of termination or expiration, Lessee shall remove from the Leased Premises all trade fixtures, tools, machinery, equipment, materials and supplies placed on the Leased Premises by Lessee pursuant to this Lease. After such time, City shall have the right to take full possession of the Leased Premises, by force if necessary, and to remove any and all parties and property remaining on any part of the Leased Premises. Lessee agrees that it will assert no claim of any kind against City, its agents, servants, employees or representatives, which may stem from City's termination of this Lease 11 or any act incident to City's assertion of its right to terminate or City's exercise of any rights granted hereunder. 15.06 No default by City hereunder will constitute an eviction or disturbance of Lessee's use and possession of the Leased Premises or entitle Lessee to be relieved from any of Lessee's obligations hereunder (including the obligation to pay rent) or grant Lessee any right of deduction, abatement, set-off, or recoupment, or entitle Lessee to take any action whatsoever with regard to the Leased Premises or City until thirty (30) days after Lessee has given City written notice specifically setting forth such default by City, and City has failed to cure such default within said thirty (30) day period, or if such default cannot reasonably be cured within said thirty (30) day period, then within an additional reasonable period of time so long as City has commenced curative action within said thirty (30) day period and thereafter is diligently attempting to cure such default. 15.07 No waiver by the parties to this Lease of any default or breach of any term, condition or covenant of this Lease will be deemed to be a waiver of any other breach of the same or other term, condition, or covenant contained in this Lease. No provision of this Lease may under any circumstances be deemed to have been waived by either party to this Lease unless such waiver is in writing and signed by the party charged with such waiver. Lessee agrees that the receipt by City of rent with the knowledge of the breach of any covenant or condition of this Lease by Lessee will not be deemed to be a waiver of such breach, and no provision of this Lease will be deemed to have been waived by City unless such waiver is in a written instrument signed by City. SECTION 16 REMEDIES; NO WAIVER 16.01 Each right, power, and remedy of City provided for in this Lease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease, or, unless prohibited by the terms hereof, now or hereafter existing at law or in equity or by statute or otherwise, in any jurisdiction where such rights, powers and remedies are sought to be enforced, and the exercise or beginning of the exercise by City of any one or more of the rights, powers or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any or all such other rights, powers or remedies. 16.02 The failure to insist upon a strict performance of any of the covenants or agreements herein set forth or to declare a forfeiture for any violation thereof shall not be considered or taken as a waiver or relinquishment for the future of City's rights to insist upon a strict compliance by Lessee with all the covenants and conditions hereof, or of City's right to declare a forfeiture for violation of any covenants or conditions if such violation be continued or repeated beyond the curative periods of time permitted in above. 12 SECTION 17 INDEPENDENT CONTRACTOR 17.01 It is expressly understood and agreed that Lessee shall operate as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative, or employee of City. Lessee shall have the exclusive right to control the details of its operations and activities on the Leased Premises and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons, Lessees and invitees. Lessee acknowledges that the doctrine of respondeat superior shall not apply as between City and Lessee, its respective officers, agents, employees, contractors and subcontractors. Lessee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Lessee. SECTION 18 NON-DISCRIMINATION/ DISABILITIES 18.01 Lessee, for itself, its personal representatives, successors in interest and assigns, as part of the consideration herein, agrees as a covenant running with the land that no person shall be excluded from participation in or denied the benefits of Lessee's use of the Leased Premises on the basis of race, color, national origin, religion, handicap, gender, sexual orientation, Familial status, gender identity, gender expression, or transgender. Lessee further agrees for itself, its personal representatives, successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or alterations to the Leased Premises on grounds of race, color, national origin, religion, handicap, gender, sexual orientation, familial status, gender identity, gender expression, or transgender. 18.02 In signing this Agreement, Lessee certifies that at the time the Leased Premises is occupied by Lessee and throughout the term of the Lease and any additional tenancy, Lessee will comply with all applicable provisions of the Americans with Disabilities Act of 1990, Public Law 101-336, 42 United States Code 12101 et seq and all applicable Texas Accessibility Requirements. SECTION 19 LICENSES AND PERMITS 19.01 Lessee shall, at their sole expense, obtain and keep in effect all licenses and permits necessary for their operations. 19.02 Copy of the documentation stating this organization's status is due annually to the address specified for Parks and Community Services in Paragraph 22 of this document. 13 SECTION 20 COMPLIANCE WITH COPYRIGHT LAW 20.01 Lessee agree 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 Lessee's performances or exhibitions to the copyright owner, or representative of said copyright owner. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit or condone the performance, reproduction or other use of copyrighted materials by Lessee, or its agents without the appropriate licenses or permission being secured by Lessee in advance. It is further agreed that Lessee shall defend, indemnify and hold City harmless for any claims arising fi•om nonpayment to licensing agencies, including, but not limited to, ASCAP, BMI and SESAC or damages arising out of Lessee's infringement or violation of the Copyright Law and/or Regulations. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of the Lessee. Lessee understands that Lessee or its agents are responsible for securing any and all licenses by artists/performers giving permission for the recordings. Lessee is responsible for both reporting and payment of any music licensing fees that may be required by law. 20.02 Lessee understands and agrees that without the proper license obtained by Lessee, 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. SECTION 21 HOMELAND SECURITY 21.01 If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, City, in its sole discretion, after consultation with Lessee, may close the Leased Premises in the interest of public safety. SECTION 22 NOTICES 22.01 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: 14 CITY: City of Fort Worth Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With a copes: City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 LESSEE: Team Fort Worth 6924 Knob Hill Road Fort Worth TX 76140 Or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 23 WAIVER, SECTION HEADINGS, AND SEVERABILITY 23.01 Neither this Lease nor any provision hereof may be changed, waived, discharged, or terminated orally, except by an instrument in writing, signed by the parties. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 23.02 The headings in this Lease are inserted for reference only, and shall not define or limit the provisions hereof 23.03 This Lease may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one instrument. 23.04 In the event that any clause or provision of this Lease 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. 23.05 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Lease or of Lessee's or Permitted Subtenant's operations on the Leased Premises, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division 23.06 This Lease expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Lease. 15 IN WITNESS WHEREOF, the parties have executed this Lease in multiples, this day of , 2010. Agreement CITY OF FORT WORTH By: l;h�xles W . llamels Assistant City Manager ATTEST: City Secretary Qiv� a� on ro .IV ai%1�po01 16 FORT WORTH F. Guillory it of TFW APPROVED AS TO FORM AND LEGALITY: By: Assistant City`Attorney OFFICI,�L RECORD CITY SECRETA:RZY 'T WORTH, TX