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HomeMy WebLinkAboutContract 46997 (2)o 1 c2 CIS cfirA fer ti 4 CONTRACT WO. lagg 7 ee t r co LEASE AGREEMENT FOR OFFICE SPACE 44 JAMES E. GUINN SCHOOL BUILDING G,,; cb,/ d LEASE AGREEMENT ("Lease") is entered into by and between the City of Fort Worth, ("Lessor") and SCORE Fort Worth — Chapter 120 ("Lessee"). In consideration of the mutual covenants, promises and obligations contained herein, Lessor and Lessee agree as follows: 1. PROPERTY LEASED Lessor hereby leases to Lessee and Lessee hereby leases from Lessor approximately 667 square feet on the first floor designated as Suite(s) No. 108 - 112 in the building known as the "James E. Guinn School" ("Building) located at 1150 South Freeway, Fort Worth, Texas and as depicted on Exhibit "A", attached hereto and hereby made a part of this Lease. Lease shall be exclusive of Suite 109, which is leased by the Organization of Hispanic Contractors d/b/a Regional Hispanic Contractors Association. Lessor reserves the right to re -assign space allocated to Lessee in the building, with reasonable notice to Lessee, if deemed necessary by Lessor for highest and best use of the facility. If the Organization of Hispanic Contractors d/b/a Regional Hispanic Contractors Association vacates Suite 109, Lessee will not utilize Suite 109 nor incur rent for the vacancy unless Lessee and Lessor amend this Lease in writing to reflect such use of Suite 109. 2. TERM OF LEASE 2.1 The term of this Lease ("Term") shall be a period of 3 years, starting on August 1, 2015 and expiring on August 1, 2018 unless terminated earlier as provided herein. 2.2 If Lessee performs and abides by all provisions and conditions of this Lease and is not in default, upon the expiration of the Initial Term of this lease, Lessee shall have. one (1) option to renew this Lease for a term of three (3) years ("Renewal Term") at the rental rate for comparable space at the Building. In order to exercise its option to renew this Lease, Lessee shall notify Lessor in writing of its desire to renew this Lease no less than ninety calendar days prior to the expiration of the term then in effect. 3. COMMON AREA The "Common Area" of the Building as it shall exist from time to time shall be that part of the Building designated by Lessor from time to time for the common use of all Lessees, including, but not limited to other facilities, elevators, stairs, tunnels, halls, lobbies, delivery passages, drinking fountains, public toilets and the like, all of which shall be subject to the Lessor's sole management and control and shall be operated and maintained in such manner as the Lessor, in his sole discretion, shall determine. Lessor reserves the right to change from time to time, the dimensions and locations of the Page 1 of 19 Guinn School Lease Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Common Area. Lessee and its employees and invitees shall have the nonexclusive right to use the Common Areas with the Lessor, other Lessees of the Building and other persons entitled to use the same. Use of the Common Area shall be subject to such reasonable rules and regulations governing its use as the Lessor may from time to time prescribe. Lessee shall not take any action that would interfere with the rights of other persons to use the Common Area Lessor may temporarily close any part of the Common Area for such period as is reasonably necessary to make repairs or alterations. 4. RENT Lessee shall pay Lessor, at the Building office by the 5th of every month, without demand and without deduction, abatement or setoff except as otherwise expressly provided for herein, the sum of $12.52 per square foot per year of the Leased Area of the Building equivalent to $695.90 per month. All past due installments of Rent shall bear interest at the highest non -usurious rate chargeable by Lessor to Lessee from such date due until paid. 5. USE Lessee is permitted to use the Leased Area solely for the purposes of office space and education and training. Lessee shall use the Leased Area for no other purpose without the prior written consent of the Lessor. 6. MAINTENANCE, REPAIRS AND CONDITION OF AREA. 6.1. General Maintenance and Repairs by Lessee. Lessee agrees to keep and maintain the Leased Area, including all fixtures installed in a good, clean and sanitary condition at all times. Lessee covenants and agrees that it will not make or suffer any waste of the Leased Area Lessor will at Lessor's own expense, make all repairs necessary to the Leased Area except those caused by fire or other casualty covered by insurance on the Building under policies naming Lessor as the insured. Lessee shall be responsible for all damages caused by Lessee, its agents, servants employees, contractors, subcontractors, licensees or invitees, and Lessee agrees to fully repair or otherwise cure all such damages at Lessee's sole cost and expense under the supervision and with the approval of Lessor. 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 Area shall be at Lessee's sole risk or at the sole risk of those claiming under Lessee Lessor shall not be liable for any damage to such property or loss suffered by Lessee's business or business operations which may be caused by the bursting, overflowing or leaking of sewer or steam pipes, or from water from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of any other matter. Page 2 of 19 Guinn School Lease Agreement Upon termination of this Lease, Lessee will surrender and deliver up the Leased Area to Lessor in as near as possible to the same condition in which they existed at the commencement of the Lease, excepting only ordinary wear and tear and damage arising from any cause required hereunder to be repaired at Lessor's expense. 6.2. Inspection. Lessor shall have the right and privilege through its officers, agents, servants or employees, to inspect the Leased Area at any time Lessor shall provide Lessee with advance notice of inspection when reasonable under the circumstances. 6.3. Performance. If Lessee is responsible under this Lease for any maintenance or repairs, Lessor shall notify Lessee in writing and arrange for the maintenance and repair work to be completed within thirty (30) calendar days of receipt of such notice Lessee will reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement will be due on the date of Lessee's next monthly rent payment following completion of the maintenance or repairs. 6.4. Lessee's Acceptance of the Leased Area. Lessee acknowledges that it has inspected the Leased Area and Lessee's taking possession of the Leased Area shall be conclusive evidence as against the Lessee that the Leased Area were in good order and satisfactory condition when the Lessee took possession. No other promise of the Lessor to alter, remodel, repair or improve the Leased Area or the Building and no other representation respecting the condition of the Leased Area or the Building have been made by Lessor to Lessee. 7. OBLIGATIONS OF LESSOR 7.1 Services Furnished Subject to the rules and regulations to which reference is hereinafter made, Lessor shall furnish Lessee, at Lessor's expense, except as provided in Paragraph 5.3 above, the following services during the Term: (1) Air conditioning and heating in season, at such times as Lessor normally furnishes these services to other Lessees in the Building and at such temperatures and in such amounts as are considered by Lessor to be standard, but such service outside normal business hours and on Saturdays, Sundays and holidays shall be furnished only at Lessor's discretion and upon reasonable notification. (2) Hot and cold water at those points of supply provided for general use. Page 3 of 19 Guinn School Lease Agreement (3) Standard building janitor service in and about the Building and the Leased Area,; however, Lessee shall pay the additional costs attributable to the cleaning of improvements within the Leased Area other than building standard improvements. (4) Elevators for ingress to and egress from the Building during such periods as are considered by Lessor to be standard. (5) Proper building standard facilities to furnish sufficient electrical power for standard lighting and standard office equipment. (6) Replacement of fluorescent lamps in building standard ceiling mounted fixtures installed by Lessor and incandescent bulb replacement in public areas (7) For purposes of this lease normal business hours shall be 8:00 a.m. to 5:00 p.m. on weekdays, except holidays. (8) Telephone service, for which Lessee shall pay a monthly fee of $13.94 per phone line (9) Electricity, water, gas, and sanitary sewer utilities (10) Standard building security 7.2 No Eviction or Breach No interruption, moratorium or malfunction of any services or failure of any machinery or equipment to operate for any cause whatsoever shall constitute an eviction or disturbance of Lessee's use and possession of the Leased Area or Building or a breach by Lessor of any of its obligations hereunder or render Lessor liable for damages or entitle Lessee to be relieved from any of its obligations hereunder (including the obligation to pay Rent) or grant Lessee any right of setoff or recoupment. In the event of any such interruption, however Lessor shall use reasonable diligence during normal business hours to restore such service in any circumstances in which such restoration is within reasonable control of Lessor and the interruption was not caused by Lessee's fault. Notwithstanding the foregoing, should an interruption of service for more than five (5) consecutive business days due to no fault of Lessee then Lessee's rental shall abate to the extent any portion of the Leased Area is not able to be leased. 7.3 Additional Services Should Lessee desire any additional services beyond those described in Paragraph 7.1 or rendition of any of such services outside the normal times of Lessor for providing such services, Lessor may (at Lessor's option), upon reasonable advance notice from Page 4 of 19 Guinn School Lease Agreement Lessee to Lessor, furnish such services and Lessee agrees to pay Lessor such charges as may be agreed on between Lessor and Lessee, but in no event at a charge less than Lessor's actual cost plus overhead for the additional services provided. 7.4 Taxes Lessor shall pay any taxes levied against the Property, but not any taxes assessed for Lessee's personal property and trade fixtures in the Property. 7.5 Funding All of Lessor's obligations under this Lease shall be funded by available grant funds from the University of North Texas Health Science Center, and Lessoi's obligations shall be contingent upon the availability of such grant funds. 8. ADDITIONS AND FIXTURES 8.1 Approval Required Lessee will make no alteration, change, improvement, repair, replacement or addition to the Leased Area without the prior written consent of Lessor. 8.2 Removal of Items Within ten (10) business days after the expiration or termination of this Lease, Lessee must remove its personal property not attached to the Building provided: Lessee promptly repairs all damage caused by such removal. All property not removed from the Leased Area by the tenth business day after the expiration or termination of this Lease shall become the property of Lessor, Lessee hereby waiving all rights to any payment or compensation therefore. 9. ADDITIONAL OBLIGATIONS AND AGREEMENTS OF LESSEE The Lessee shall abide by all the rules and regulations of the Building and the Leased Area as specifically outlined in Exhibit "B". 10. INSURANCE 10.1. Types of Coverage and Limits. Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified in this Section 13, naming the City of Fort Worth as an additional insured and covering all risks related to the leasing, use, occupancy, maintenance, existence or location of the Area Failure to maintain the required insurance may result in termination of this lease at the discretion of the Lessor Lessee shall obtain the following insurance coverage on an occurrence basis and at the limits specified herein: • Property: Page 5 of 19 Guinn School Lease Agreement A. Fire and Extended Coverage shall be maintained by the insurance policy on all improvements and betterments at their full replacement cost limit; B. Insurance for Contents Lessee shall be responsible for maintaining any policy of insurance that will insure against loss of property owned by Lessee that is located on the Leased Premises C. Commercial General Liability Insurance - $1,000,000.00 per occurrence; $2,000,000 aggregate 10.2. Adjustments to Required Coverage and Limits. Insurance requirements, including additional types and limits of coverage and increased limits on existing coverages, are subject to change at Lessor's option, and Lessee will accordingly comply with such new requirements within thirty (30) days following notice to Lessee. 10.3. Certificates. As a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor with appropriate certificates of insurance signed by the respective insurance companies as proof that it has obtained the types and amounts of insurance coverage required herein Lessee hereby covenants and agrees that not less than thirty (30) days prior to the expiration of any insurance policy required hereunder, it shall provide Lessor with a new or renewal certificate of insurance. In addition, Lessee shall, on demand, provide Lessor with evidence that it has maintained such coverage in full force and effect. 10.4. Additional Requirements. A. Additional Insured Endorsement: "The City of Fort Worth are added as additional insured as respects operations and activities of, or on behalf of the named insured." Reasonably equivalent terms may be acceptable at the sole discretion of the Business Assistance Center. B. Lessee shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to Lessor The policy or policies of insurance shall be endorsed to cover all of Lessee's operations and to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non -renewal or amendment, shall be made without thirty (30) days' prior written notice to Lessor. 10.5 Fire Or Other Casualty If at any time during the Term, the Leased Area or any portion of the Building or Common Area (as hereinafter defined) shall be damaged or destroyed by fire or other casualty, then Lessor shall have the election to ten iinate this Lease within 120 days from Page 6 of 19 Guinn School Lease Agreement the occurrence of such casualty or to repair and reconstruct the Common Area, the Leased Area and Building to substantially the same condition in which they existed immediately prior to such damage or destruction, except that Lessor shall not be required to repair or reconstruct any personal property, furniture, trade fixtures or office equipment which is located in the Leased Area and removable by Lessee under the provisions of this Lease. In any of the aforesaid circumstances, Rent shall abate proportionally during the period and to the extent that the Leased Area are unfit for use by Lessee in the ordinary conduct of its business. If Lessor has elected to repair and restore the Leased Area to the extent stated above, this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter (not to exceed six months) subject to delays arising from shortages of labor or materials, acts of God, war or other conditions beyond Lessor's reasonable control. Should such repairs not be completed within such period this Lease shall be terminated. In the event that this Lease is terminated as herein permitted, Lessor shall refund to Lessee any prepaid Rent (unaccrued as of the date of damage or destruction) less any sum owing Lessor by Lessee. If Lessor has elected to repair and reconstruct the Leased Area to the extent stated above, then the Term shall be extended by a period of time equal to the period of such repaid and reconstruction. Notwithstanding the provisions of Subparagraphs A. and B. of this Paragraph 10, if the Leased Area or any other portion of the Building be damaged by fire or other casualty resulting from the fault or negligence of Lessee or any of Lessee s agents, employees, contractors, licensees or invitees, the Rent hereunder shall not be diminished during the repair of such damage and Lessee shall be liable to Lessor for the cost and expense of the repair and restoration of the Leased Area or the Building caused thereby to the extent such cost and expense is not covered by insurance proceeds 11. INDEMNIFICATION. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE UNDER THIS LEASE OR WITH THE LEASING, MAIN1 LNANCE USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE AREA, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL Page 7 of 19 Guinn School Lease Agreement OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE AREA, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANY PERSON ON THE AREA OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PATRONS, AND WHICH MAY BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. 12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign, sell, convey, sublease or transfer any of its rights privileges, duties or interests granted by this Lease without the advance written consent of Lessor. 13. DEFAULT AND REMEDIES A. Notwithstanding anything to the contrary, this lease may be terminated by Lessoi with 48-houi written notice of termination, if Lessee causes an `Event of Default" (as hereinafter defined) to occur. B. 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, after having been notified in writing by Lessor that such rent or other due payments have not been made. (2) Failure to perform or observe any other covenant or condition of this Lease by Lessee to be performed or Page 8 of 19 Guinn School Lease Agreement (3) observed prior to the expiration of a period of ten (10) days following written notice to Lessee of such failure. Abandonment or vacating of the Leased Area 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. 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: (1) Terminate this Lease, in which event Lessee shall immediately surrender possession of the Leased Area to Lessor. (2) Enter upon and take possession of the Leased Area and expel or remove Lessee any other occupant therefrom, with or without having terminated the Lease (3) Alter locks and other security devices at the Leased Area. D. Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Leased Area by Lessee, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Lessor and Lessee. 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 Area 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 Page 9of19 Guinn School Lease Agreement 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. E 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, plus, as liquidated damages for such default and not as a penalty, an amount equal to the then present value of the Rent reserved hereunder for the remaining portion of the Term (had such Term not been terminated by Lessor prior to the date of expiration stated in Paragraph 2) using a market present value discount factor to calculate the same. In the event Lessor elects to terminate the Lease by reason of an Event of Default in lieu of exercising the rights of Lessor under the preceding paragraph, Lessor may instead hold Lessee liable for all Rent and other indebtedness accrued to the date of such termination, plus such Rent and other indebtedness as would otherwise have been required to be paid by Lessee to Lessor during the period following termination of the Term measured from the date of such termination by Lessor until the date of expiration stated in Paragraph 2 (had Lessor not elected to terminate the Lease on account of such Event of Default) diminished by any net sums thereafter received by Lessor through re -letting the Leased Area during said period (after deducting expenses incurred by Lessor as provided in Subparagraph G hereof). Actions to collect amounts due by Lessee provided for in this Paragraph 13 may be brought from time to time by Lessor during the aforesaid period, on one or more occasions, without the necessity of Lessor's waiting until expiration of such period; and in no event shall Lessee be entitled to any excess of Rent (or Rent plus other sums) obtained by re -letting over and above the Rent provided for in this Lease. F In the event Lessor elects to repossess the Leased Area without terminating the Lease, then Lessee shall be liable for and shall pay to Lessor at Fort Worth, Tarrant County, Texas, all Rent and other indebtedness accrued to the date of such repossession plus Rent required to be paid by Lessee to Lessor during the remainder of the Term until the date of expiration of the Term as stated in Paragraph 2, diminished by any net sums thereafter received by Lessor through re -letting the Leased Area during said period (after deducting expenses incurred by Lessor as provided in Subparagraph G hereof). In no event shall Lessee be entitled to any Rent herein reserved. Actions to collect amounts due by Lessee as provided in this Paragraph 13.F. may be brought from time to time, on one Page 10of19 Guinn School Lease Agreement or more occasions, without the necessity of Lessor's waiting until expiration of the Term. G. In the case of an Event of Default, Lessee shall also be liable for and shall pay to Lessor, at Fort Worth, Tarrant County Texas, in addition to any sum provided to be paid above: Broker's fees incurred by Lessor in connection with re -letting the whole or any part of the Leased Area; the cost of removing and storing Lessee's or other occupant's property; the cost of repairing, altering, remodeling or otherwise putting the Leased Area into condition acceptable to a new Lessee or Lessees; and all expenses incurred by Lessor in enforcing Lessor's remedies, including reasonable attorneys' fees. Past due Rent and other past due payments shall bear interest from maturity until paid at the highest non -usurious rate chargeable by Lessor to Lessee. H. In the event of termination or repossession of the Leased Area for an Event of Default, Lessor shall attempt to re -let the Leased Area, or any portion thereof, or to collect Rent after re -letting. If Lessee should fail to make payment or cure any Event of Default hereunder within the time herein permitted, Lessor, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other Event of Default for the account of Lessee (and enter the Leased Arca for such purpose) and thereupon Lessee shall be obligated to, and hereby agrees to, pay Lessor, upon demand, as additional Rent hereunder, all costs, expenses and disbursements (including reasonable attorneys' fees) incurred by Lessor in taking such remedial action. J A default by Lessor shall exist if Lessee fails remedy such default within thirty (30) days after written notice from Lessee of such default. Upon a default by Lessor, Lessee, as its sole remedy, may terminate this Lease. K. Lessee may terminate this lease for cause or for convenience with a ninety -day written notice of intent to terminate delivered to Lessor. 14. LIENS. 14.1. Liens by Lessee. Lessee acknowledges that it has no authority to engage in any act or to make any contract that may create or be the foundation for any lien upon the property or interest in the property of Lessor If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall liquidate and discharge the same within thirty (30) days of such creation or filing Lessee's failure to discharge any such purported hen shall constitute a Page 11 of 19 Guinn School Lease Agreement breach of this Lease and Lessor may terminate this Lease immediately. However, Lessee's financial obligation to Lessor 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. 15. COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS. Lessee covenants and agrees that it shall not engage in any unlawful use of the Area. Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors subcontractors patrons, licensees or invitees to engage in any unlawful use of the Area and Lessee immediately shall remove from the Area any person engaging in such unlawful activities. Unlawful use of the Area by Lessee itself shall constitute an immediate breach of this Lease. Lessee agrees to comply with all federal, state and local laws; all ordinances, policies, rules and regulations of the City of Fort Worth If Lessor notifies Lessee or any of its officers, agents, employees, contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations, Lessee shall immediately desist from and correct the violation. 16. NON-DISCRIMINATION COVENANT. 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 Area on the basis of race color national origin, religion handicap sex, sexual orientation, gender identity, gender expression, transgender, or familial status. 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 Area on grounds of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee agrees to furnish its accommodations and to price its goods and services on a fair and equal basis to all persons If any claim arises from an alleged violation of this non-discrimination covenant by Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemnify Lessor and hold Lessor harmless. 17. LICENSES AND PERMITS. Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for the operation of its business. 18. NO WAIVER. Page 12 of 19 Guinn School Lease Agreement The failure of Lessor to insist upon the performance of any term or provision of this Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon appropriate performance or to assert any such right on any future occasion. 19. VENUE AND JURISDICTION. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Lease or by Lessee's operations on the Area, 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. This Lease shall be construed in accordance with the laws of the State of Texas. 20. ATTORNEYS' FEES. In any action brought by Lessor or Lessee for the enforcement of the obligations of the other party under this Lease, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees arising from such action. 21. SEVERABILITY. If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 22. FORCE MAJEURE. Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations as set forth in this Lease, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other cause beyond the reasonable control of the parties. 23. HEADINGS NOT CONTROLLING. Headings and titles used in this Lease are for reference purposes only and shall not be deemed a part of this Lease. 24. ENTIRETY OF AGREEMENT. This written instrument, including any documents incorporated herein by reference, contains the entire understanding and agreement between Lessor and Lessee, its assigns and Page 13 of 19 Guinn School Lease Agreement successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease in multiples this jbPt-day of Sep%A'i/0er, 20 IS [SIGNATURES ON FOLLOWING PAGE.] Page 14 of 19 Guinn School Lease Agreement LESSOR City of Fort Worth By: hreffavid Cooke City Manager ATTEST: . 4, ,a , re re arY K�r 7 City Secretary APPROVED AS TO FORM AND LEGALITY: ,1 OAJt'U i 11/I " I A4211/1.-V'� Assistant City Attornei Date: crig M & C Number: I je 151qc, STATE OF TEXAS § COUNTY OF TARRANT § LESSEE By: .` Steve kecfrds — Vice -President SCORE Association BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared jcsys 3. Cfrwr known to me to be the 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 executed the same as the act of the 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 �,W day of Sta.* , 2015. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Page 15 of 19 Guinn School Lease Agreement �.a. (4t RALVA.ti Notary Public in and for the St'dte of Texas .111 `�111111Ir� ER ,6� ; i 11. ,CI ''` p�v r��''- L. M f. HIRRLING s ' : MY COMMISSION �"'• 'y" EXPIRES `tle•F�,�`�`'' February 2010 i\f. .._a ..y STATE OF VIRGINIA COUNTY OF FAIRFAX BEFORE ME, the undersigned authority, a Notary Public in and for the State of Virginia,on this daypersonally appeared ,r ��Lc C6S , known to me to be p y pp the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the 'VJCC /fly- //) W/ and that he executed the same as the act of the 5?i�2Ertzer kt'CWfor the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /hamar , 20 /� • ANNA I. SCHEWCIW NOTARY PUBLIC REG #7514093 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2016 Page 16 of 19 Guinn School Lease Agreement 0161-ted-rea Notary Public in and for the State of Virginia day of tlFFICIAL RECORD C ITY SECREJ ARC'' FT. WORTH, TX 4:I c<4.; "rrirArrr:;-• 4 r4-1intiV•111: Itir.tat *;1113:1•41;;r 11,14‘ 1 se ' (1,J.L3 ri.44.1 CfPft kr,. • - - -4 • 1, 1.4 Zjlsfl h'S 1-44— r r: 3 ctc) IT 4, .2:‘7.1:14 try Ait„. 071z cc St tlI3 t:21 Qtt 14. t ,4 1,1) •1 II :411 -7' A ..te/C4E11: • 04l; i _ . R HrrEII CIIIi,aDlli IrT,ith r--ttI• lIie', ) ' 7 :r ,4 „ ! . .. i 1 '' I'l.2< • r1t1rt,-0.,,7,T1r. , , , .. eQl.>,,,,:,i QI'.I:I,-II, 4L.:.•1,,1,,1,.`1 rLu,,„1i-„l, ,1l41l41,,41 (i` ,;„: • IIv„:,—. 7•,c<,-,t,,;,.„'4I„=.U..C,: ,...'0,,,-LrIC:A,)T...1,,,,',47,,1.-,.,,—r'-':Ir1a5: ,x"---cll 4,,k, 4—i'1.77i l'A (it) tl • t GUINN SCHOOL BUSINESS ASSISTANCE CENTER FORT WORTH, TEXAS i1 . „, `. I 1 ' \II p., , 1 I iThIr:1:191 1, ' / \ r • I ./ 44/ Lip i < 1:1411-1 1,1 , 1 “ 1 L I-vrtist ts -- II ' 11 •:-. , „ItIII.,I.1111014 oi7 -,il r"y -'s i r„. •,:. clt-I \1( III .cITIII;V TKIIII-1:2111.1.1.1..HI 1 . Kt ill.itt "tt, ' -1 \ r1,111I 11 C:IIII 11 I ll' E it t,e; li.r±: L.1 izr':. ;aft :IISel I-j4i . 444''4'4 4 .• ,,,.•., ..... t •t" 41: 1-21;;; ; 4 4 . " , W , , , rt. H " .,4 tir • frr!,4 ' 4.;:riroDr.ft .7 in 1 rti 44(031 r r !Lc7 0,71 r E:ti \. • Irt (• 0 0 " 11.111. 1-J7.717II ;;;(' 2.r411' ,r (11313J i'j!) irco c,) • AKA _ 1 14LI: • 1171 I 1.• G411111(11 4,1_4 I 14 11111C rm. ;'EfE.F L12: :51;14.c. 1-1:77 ;TIS . t.!.)ij L..%) a‘, fj) (•`) ,<1.&; air, ,-33-H =7-7i rk,19 JCi452) S 1 F OOP PLAN Exhibit "B" Rules and Regulations 1. The Lessee shall not exhibit, sell or offer for sale on the Leased Area or in the Building any article or thing (except those articles and things essentially connected with the stated use of the Leased Area by the Lessee) without the advance consent of Lessor. 2. The Lessee shall not display, inscribe, print, paint, maintain or affix on any place in or about the Building any sign, notice, legend, direction, figure or advertisement, except on the doors of the Leased Area and on the Building directory and then only such name(s) and matter and in such color size, style, place and materials as shall first have been approved by the Lessor. The listing of any name other than that of Lessee, whether on the doors of the Leased Area, on the Building directory or otherwise, shall not operate to vest any right or interest in this Lease or in the Leased Area or be deemed to be the written consent of Lessor to any act of Lessee, it being expressly understood that any such listing is a privilege extended by Lessor revocable at will by written notice to Lessee. 3. No additional locks or similar devices shall be attached to any door or window without Lessor's prior written consent. No keys for any door other than those provided by the Lessor shall be made. If more than two keys for one lock are desired, the Lessor will provide the same upon payment by the Lessee. All keys must be returned to the Lessor at the expiration or teiniination of this Lease. 4. All persons entering or leaving the Building after hours on Monday through Friday, or at any time on Saturdays, Sundays or holidays, may be required to do so under such regulations as the Lessor may impose. The Lessor may exclude or expel any peddler. 5. The Lessee shall not overload any floor. The Lessor may direct the time and manner of delivery, routing and removal and the location of safes and other heavy articles. 6. Unless the Lessor gives advance written consent, the Lessee shall not install or operate any steam or internal combustion engine boiler, machinery, refrigerating or heating device or air-conditioning apparatus in or about the Leased Area or carry on any mechanical business therein or use the Leased Area for housing accommodations or lodging or sleeping purposes, or do any cooking therein or use any illumination other than electric light or use or permit to be brought into the Building any inflammable fluids such as gasoline, kerosene, naphtha and benzene or any explosive, radioactive materials or other articles deemed extra hazardous to life, limb or property. The Lessee shall not use the Leased Area for any illegal or immoral purposes. 7. The Lessee shall cooperate fully with the Lessor to assure the effective operation of the Building's air-conditioning system. Page 18 of 19 Guinn School Lease Agreement 8. The sidewalks, halls, passages, exits, entrances, elevators and stairways shall not be obstructed by the Lessee or used for any purpose other than for ingress to or egress from its Leased Area. The halls, passages, exits, entrances elevators, stairways and roof are not for the use of the general public and the Lessor shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of the Lessor, shall be prejudicial to the safety, character, reputation and interests of the Building and its Lessees. No Lessee and no employees or invitees of any Lessee shall go upon the roof or mechanical floor of the Building. 9. Lessee shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Leased Area, or permit or suffer the Leased Area to be occupied or used in a manner offensive or objectionable to the Lessor or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other Lessees or those having business there, nor shall any animals or birds be brought in or kept in or about the Leased Area or the Building. 10. Lessee shall see that the doors and windows, if operable, of the Leased Area are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus are entirely shut off before Lessee or Lessee's employees leave the Building and that all electricity shall likewise be carefully shut off so as to prevent waste or damage. For any default or carelessness, Lessee shall make good all injuries or losses sustained by other Lessees or occupants of the Building or Lessor. Page 19 of 19 Guinn School Lease Agreement