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HomeMy WebLinkAboutContract 39359 (2) LEASE AGREEMENT LAMAR EAST ATRIUM CITY SECRETAIgY 1601 East Lamar CONTRACT NO. Arlington,Texas 76011 THIS LEASE AGREEMENT made and entered into in triplicate as of the 9th day of September , 2009. between ANDREWS-DILLINGHAM PROPERTIES, LTD., a Texas limited partnership, acting herein by and through one of its authorized agents,herein designated as"Lessor",and The City of Fort Worth herein designated as"Lessee". WITNESSETH: Lessor, in consideration of the rent to be paid and of the covenants and agreements to be performed by Lessee hereinafter set forth, does hereby lease and demise unto Lessee certain space in the building known as the Lamar East Atrium Building, which building is situated on a tract of land in Arlington, Tarrant County, Texas and having a street address of: 1601 E.Lamar,Arlington,Texas 76011,which space is more specifically described as being Suite Number(s) 201 of Floor No. 2 according to the official plat of suite designations on file in the Building Manager's office. Such space is hereinafter called or referred to as the"Leased Premises". The Leased Premises are stipulated for all purposes to contain approximately_square feet of net rentable area. The net rentable area of the Leased Premises is the square footage of the Leased Premises plus an allocation of the square footage of the building's elevator and mechanical rooms, lobbies, restrooms and other common areas of the building. The Leased Premises are to be used and occupied by Lessee as general office and for other purposes related to the Community Action Partners twoeram and for no other purpose. TO HAVE AND TO HOLD the said Leased Premises unto the said Lessee, its permitted successors and assigns, for the term beginning the 1" day of October , 2009 and ending the 30th day of September , 2014 unless sooner terminated as herein provided. The Leased Premises are hereby leased by Lessor to Lessee and are accepted, or are to be accepted, and are to be used and possessed by Lessee upon and subject to the following terms, provisions, covenants, agreements and conditions, to-wit: 1. RENTAL: (a) Lessee agrees and promises to pay to Lessor at 1140 Empire Central Dr., Suite 625, Dallas, Texas 75247 (or at such other place as Lessor may designate) in lawful money of the U.S.A. as and for rental for the Leased Premises the sum of$ 105,000.00 as the base rental for the entire term, payable $1,750.00 monthly in advance and without demand on the first day of each calendar month during and throughout the stated term of this lease,and without any set-off or counter-claim whatsoever. Should this lease commence on a day other than the first day of a calendar month or terminate on a day other than the last day of a calendar month, the rent for such partial month shall be appropriately reduced. The first monthly rental installment together with the security deposit(hereinafter stated)shall be paid to Lessor in advance,upon the execution of this lease. (b) Should Lessee, with Lessor's consent, occupy the Lease Premises prior to the beginning of the term set forth above, all provisions of this lease shall be in full force and effect from the commencement of such occupancy and the rent for such early period shall be at the same monthly rate above provided. Such prior occupancy shall not, however, shorten the term of this lease,but to the contrary said lease shall continue in force and effect until the termination date stated herein,unless sooner terminated as provided herein. (c) Lessee further agrees to pay as additional monthly rental hereunder for the twelve(12) month period beginning with the first day of January first following Lessee's occupancy of the Leased Premises and for each twelve(12) month period(or fraction)thereafter during the term hereof(including any extensions thereof)beginning each January 1,an amount equal to the lesser of(i)six percent(6%)times the monthly rental paid immediately prior to such increase or(ii)the percent of increase in the Consumer Price Index for all Urban Consumers in Dallas-Fort Worth (All items: 1982-84=100) published for the month of December of each calendar year during the term of this lease agreement by the Bureau of Labor Statistics of the United States Government,times the monthly rental paid immediately prior to such increase. The base for calculating this percentage increase shall be the Consumer Price Index published for the month of October, 2009. If the Consumer Price Index is discontinued, the parties shall accept comparable statistics on the purchasing power of the consumer's dollar as published at the time of said discontinuance by a responsible financial periodical of recognized authority to be then chosen by Lessor. (d) In no event shall Lessee's monthly rent be less than the monthly base rental paid for the previous 12- month period. 2. LATE PAYMENT CHARGE: In the event any monthly installment of rent is not paid within five(5)days after it is due and payable as set forth in this lease, Lessor shall give written notice to Lessee, and if Lessee does not pay rent within ten(10) days after receipt of notice from Lessor, Lessee agrees to pay as a late charge an amount equal to ten percent(10%)of the monthly installment of rent that is due and payable. In the event any other sum of money (other than monthly rental installment owing to Lessor by Lessee pursuant to the terms of this lease is not paid when due, Lessee agrees that such sum shall bear interest at a simple interest rate of ten percent(10%)per annum from the date due until the date such sum is paid in full to Lessor. 04MA!_ HERE 011FICVSECURITY DEPOSIT: Deleted by agreement of the parties. CITY SECRETARY NTOTFRH, TX Page 1 8. USE AND OCCUPANCY: Lessee agrees that the Leased Premises shall be used and occupied by Lessee only as specified in this lease,and Lessee agrees,to use and maintain the Leased Premises in a clean,careful,safe and proper manner and to comply with all applicable laws(including environmental laws),ordinances,orders,rules and regulations of all governmental bodies (state, federal and municipal). If required, Lessee shall obtain a Certificate of Occupancy from the municipality in which the building is located prior to occupancy of the Leased Premises. Lessee agrees to pay on demand,for any damage to the Leased Premises or to any other part of the building caused by any negligence or willful act or any misuse or abuse(whether or not any such misuse or abuse results from negligence or willful act) by the Lessee or any of its agents, employees or invitees or licensees. Lessee agrees not to use or to allow or permit the Leased Premises to be used for any purpose prohibited by any law of the United States or of the State of Texas or by any ordinance of the City of Arlington,Texas,and Lessee agrees not to commit waste,cause or permit any hazardous materials to be brought upon,kept or used on the Leased Premises, or suffer or permit waste to be committed or to allow or permit any nuisance on or in the Leased Premises. Lessee will not occupy or use nor permit any portion of the premises leased hereunder to be occupied or used for any business or purpose which is deemed to be unlawful or disreputable in any manner. At the termination of this lease,whether by lapse of time or otherwise, Lessee shall deliver the Leased Premises to Lessor broom clean and in as good condition as the same are as of the date of the taking of possession thereof by Lessee, ordinary wear and tear only excepted, and upon such termination of this lease,Lessor shall have the right to re-enter and resume possession of the Leased Premises. Lessee will conduct its business and occupy the Leased Premises and will control its agents, employees and invitees in such a manner so as not to create any nuisance or interfere with,annoy or disturb any of the other tenants in the building,or Lessor in its management of the building. Lessee shall not use the Leased Premises or allow or permit same to be used in any way or for any purpose that Lessor may deem to be extra hazardous on account of the possibility of fire, or other casualty or which will increase the rate of fire or other insurance for the building or its contents or in respect to the operation of the building or which may render the building uninsurable at normal rates by responsible insurance carriers authorized to do business in the State of Texas or which may render void or voidable any insurance on the building. In the event that by reason of Lessee's acts or conduct of business there shall be an increase in the rate of insurance on the building or contents, then Lessee hereby agrees to pay such increase. Lessee hereby covenants and agrees with Lessor that it will not engage in the sale of vending machine items including,but not limited to cold drinks,coffee,etc. 9. ASSIGNMENT AND SUBLETTING: Lessee shall not,without the prior written consent of Lessor,(a)assign or in any manner transfer this lease or any estate or interest therein or(b)permit any assignment of this lease or any estate or interest therein by operation of law,or(c)sublet the Leased Premises or any part thereof,or(d)grant any license,concession or other right of occupancy of any portion of the Leased Premises, or(e)permit the use of the Leased Premises by any parties other than Lessee and its agents, employees, invitees, and licensees and any such acts without Lessor's prior written consent shall be void and of no effect. 10. ALTERATIONS AND ADDITIONS BY LESSEE: Lessee shall not make alterations in or additions to the Leased Premises without the prior written consent of Lessor,and all alterations and improvements and additions made to or fixtures or other improvements placed in or upon the Leased Premises by either party(except only movable office furniture and equipment not attached to the building)shall be deemed a part of the building and the property of Lessor at the time same are placed in or upon the Leased Premises and same shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this lease,unless Lessor requests their removal,in which event Lessee shall remove the same and restore the Leased Premises to their original condition at Lessee's expense. Lessee shall not,without Lessor's prior written consent(a)make any changes to or paint the building front or(b) install any exterior lighting, decorations or paintings, or(c)erect or install any signs, window or door lettering,placards,decorations or advertising media of any type which can be viewed from the exterior of the building. All signs, decorations and advertising media shall conform in all respects to the sign criteria established by Lessor for the building from time to time in the exercise of its sole discretion, and shall be subject to the prior written approval of Lessor as to construction,method of attachment, size,shape,height,lighting,color and general appearance. All signs shall be kept in good condition and in proper operating order at all times. Lessor reserves the right to designate a uniform type of sign for the building to be installed and paid for by Lessee. Lessee, upon vacation of the Leased Premises, or the removal or alteration of its sign for any reason,shall be responsible for the repair,or replacement,of the building fascia surface where signs are attached. 11. INSPECTION AND REPAIRS: Lessor shall have the right at any time to enter the Leased Premises for the purpose of examining and inspecting the same and to make such repairs, additions or alterations as Lessor may deem necessary or proper for the safety, improvement or preservation of the Leased Premises or of the building. Lessor shall have the right at any time to make such alterations or changes in other portions of the building as it may deem necessary or desirable so long as such alterations or changes do not unreasonably interfere with the use and occupancy by Lessee of the Leased Premises. Lessee shall,at its own cost and expense,promptly repair or replace any damage or injury done to the Leased Premises or any other part of the building by Lessee or its agents, employees or invitees, including but not limited to, repair and replacements to the windows,window glass,plate glass, doors and the interior of the Leased Premises in general, and if Lessee shall fail to make such repairs or replacements promptly, or at least within fifteen(15)days of the occurrence of the damage or injury, Lessor may,at its option,make such repair or replacement and the cost incurred by Lessor thereby shall constitute a demand obligation owing by Lessee to Lessor from the date of payment by Lessor. Lessor shall maintain in good repair the common areas,roof, foundation, and exterior walls of the building and the Leased Premises,and shall repair electric,plumbing,and HVAC systems in and/or to the Leased Premises within a reasonable time after notice by Lessee that such repairs are needed. Should the state of the electric, plumbing, and/or HVAC, or any other repair which is the responsibility of the Lessor, render the Leased Premises unusable for its intended use for more than ten(10)calendar days, rent shall abt�g f�f HERE the Leased Premises until such time as the Leased Premises is usable. Page 3 ' _... (b) Lessee shall fail to comply with any term, provision or covenant of this lease, other than the payment of rent,and shall not cure such failure within then(10)days after written notice thereof to Lessee: (c) Lessee shall make an assignment for the benefit of creditors: (d) Lessee shall file a petition under any section or chapter of National Bankruptcy Act,as amended, or under any similar law or statute of the United States or any state thereof, or Lessee shall be adjudged bankrupt or insolvent in any proceeding filed against Lessee there under and such adjudication shall not be vacated or set aside within thirty(30)days;or (e) A receiver or Trustee shall be appointed for all or substantially all of the assets of Lessee and such receivership shall not be terminated or stayed within thirty(30)days. 18. REMEDIES: Upon the occurrence of any event of default hereunder, Lessor shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Terminate this lease in which event Lessee shall immediately surrender the Leased Premises to Lessor,and if Lessee fails to do so,Lessor,may,without prejudice to any other remedy which it may have for possession or arrearages in rent,enter upon and take possession and expel or remove Lessee and any other person who may be occupying the Leased Premises or any part thereof,by force if necessary, without being liable for prosecution or any claim of damages thereof. Lessee agrees to pay to Lessor on demand the amount of all loss and damage which Lessor may suffer by reason of such termination, whether through inability to relet the Leased Premises on satisfactory terms or otherwise, including the loss of the base rental for the remaining term of the lease; (b) Enter upon and take possession of the Lease Premises and expel or remove Lessee and any other person who may be occupying the Leased Premises or any part thereof, by force as is necessary, without being liable for prosecution or any claim for damages therefor, and if Lessor so elects, relet the Leased Premises on such terms as Lessor shall deem advisable and receive the rent thereof. Lessee agrees to pay to Lessor on demand any deficiency in base rental that may arise by reason of such reletting;and (c) Enter upon the Leased Premises by force if necessary,without being liable for prosecution or any claim for damages,therefor, and do whatever Lessee is obligated to do under the terms of this lease, and Lessee agrees to reimburse Lessor on demand for any expenses which Lessor may incur in thus effecting compliance with Lessor's obligations under this lease,and Lessee further agrees that Lessor shall not be liable for any damages resulting to the Lessee from such actions. In addition to the foregoing remedies, in the event of the failure or refusal by Lessee to make the timely and punctual payment of any rent or other sums payable under this Lease when and as the same shall become due and payable, Lessor is entitled and is hereby authorized, without any notice to Lessee whatsoever, to enter upon the Leased Premises by use of master key, a duplicate key, picking the locks, or other peaceable means, and to change, alter, and/or modify the door locks on all entry doors of the Leased Premises, thereby excluding Lessee, and its officers, principals, agents, employees and representatives therefrom. In the event that Lessor has either permanently repossessed the Leased Premises pursuant to the foregoing provisions of this Lease, or has terminated the Lease by reason of Lessee's default, Lessor shall not thereafter be obligated to provide Lessee with a key to the Leased Premises at any time;provided however, that in any such instance, during Lessor's normal business hours and at the convenience of Lessor, and upon the written request of Lessee accompanied by such written waivers and releases as Lessor may require,Lessor will escort Lessee or it's authorized personnel to the Leased Premises to retrieve any personal belongings or other property of Lessee or its employees not subject to the security interest described in this Lease. If Lessor elects to exclude Lessee from the Leased Premises without permanently repossessing or terminating pursuant to the foregoing provisions of this Lease,then Lessor(at any time prior to permanent repossession or termination) shall not be obligated to provide Lessee a key to re-enter the Leased Premises until such time as all delinquent rental and other amount due under this Lease have been paid in full (and all other defaults, if any, have been completely cured to Lessor's satisfaction), and Lessor has been given assurance reasonably satisfactory to Lessor evidencing Lessee's ability to satisfy its remaining obligations under this Lease. During any such temporary period of exclusion, Lessor will, during Lessor's regular business hours and at Lessor's convenience, upon written request by Lessee, escort Lessee or its authorized personnel to the Leased Premises to retrieve personal belongings of Lessee or its employees,and such other property of Lessee as is not subject to the landlord's lien and security interest described in this Lease. This remedy of Lessor shall be in addition to, and not in lieu of, any of its other remedies set for in this Lease,or otherwise available to Lessor at law or in equity. No re-entry or taking possession of the Leased Premises by Lessor shall be construed as an election on its part to terminate this lease,unless a written notice of such intention be given to Lessee. Notwithstanding any such reletting or re-enter or taking possession, Lessor may at any time thereafter elect to terminate this lease for a previous default. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided by law,nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Lessor hereunder or of any damages accruing to Lessor by reason of the violation of any of the terms, provisions and covenants herein contained. Lessor's acceptance of rent following an event of default hereunder shall not be construed as Lessor's waiver of such event of default. No waiver by Lessor of any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants herein contained. Forbearance by Lessor to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of any other violation or default. The loss or damage that Lessor may suffer by reason of termination of this lease or the deficiency from any reletting as provided for above shall include the expense of repossession and any repairs or remodeling undertaken by Lessor following possession. Should Lessor at any time terminate this lease for any default,in addition to any other remedy Lessor may have,Lessor may recover, _ from Lessee all damages Lessor may incur by reason of such default, including the cost of recovering the Leased,*t�l and the loss of the base rental for the remaining term of the lease. Page 5 27. RELOCATION: Lessor expressly reserves the right at any time and from time to time to substitute, instead of the Leased Premises, other space(the"New Premises")of Lessor's choosing and to require that Lessee relocate to the New Premises, which New Premises shall be of approximately the same dimensions and size within the building. The New Premises shall also be decorated by Lessor at Lessor's sole cost and expense so that the interior design and decoration of the New Premises shall be comparable to the then existing interior design and decoration of the Lease Premises. Prior to any relocation hereunder, Lessor shall give Lessee at lease thirty(30)days written notice specifying Lessor's intention to relocate Lessee. Lessor shall reimburse Lessee for Lessee's reasonable out-of-pocket expenses for moving Lessee's furniture, equipment, supplies and telephones and telephone equipment from the Leased Premises to the New Premises. Lessee agrees that Lessor's exercise of Lessor's election to require that Lessee relocate shall not terminate this Lease or release Lessee, in whole or in part,from Lessee's obligation to pay the rental and perform the covenants and agreements hereunder for the full term of this Lease. In the event of any such relocation,this Lease shall continue in full force and effect with no change in the terms,covenants or conditions hereof other than the substitution of the New Premises for the Leased Premises. 28. LIABILITY INSURANCE: Lessor acknowledges that (i) Lessee is basically a self-funded entity subject to statutory tort laws; (ii) Lessee does not maintain a commercial policy of general liability insurance and/or auto liability insurance;(iii)damage for which Lessee would ultimately be found liable would be paid directly by Lessee and not by a commercial insurance company; (iv) Lessee-owned property is covered under Lessee's Fire and Extended coverage program by a commercial insurance policy;and(v)for statutory workers'compensation insurance, coverage is self-funded to a$750,000.00 retention limit per incident over which commercial coverage responds with no upper cap and employees liability coverage is maintained at a$1,000,000.00 policy limit. Lessor shall maintain fire and extended coverage insurance on the building and the Leased Premises and such endorsements as Lessor may require or is otherwise reasonably consistent with other similarly situated office buildings in an amount not less than the full replacement value thereof(which may be exclusive of foundations), or in such amounts as any mortgagee of Lessor shall require,with such deductibles as shall be determined by Lessor from time to time. Lessor reserves the right to provide the insurance required hereunder as part of a blanket policy. Landlord shall also maintain a policy or policies of commercial general liability insurance with respect to the common areas and the activities thereon in such amounts as Lessor or any mortgagee of Lessor may require. 29. AUTHORITIES FOR ACTION AND NOTICES: Lessor may act in respect to any matter arising under this lease through any one of its executive officers or its manager of the building, and any notice given by Lessee or Lessor hereunder, in order to be effective and binding, must be in writing and sent to Lessor's manager of the building by United States certified mail, with adequate postage prepaid, addressed to the manager at 1140 Empire Central Dr. Suite 625, Dallas,Texas 75247 or to such other person and/or other address as Lessor may designate by written notice to Lessee. Any notice given by Lessor to Lessee hereunder, in order to be effective and binding, must be in writing and hand delivered or sent by United States certified mail, with adequate prepaid postage,addressed to Lessee at City of Fort Worth,Parks and Community Services Director,4200 South Freeway, Suite 2200, Fort Worth,Texas 76115,with a copy to City of Fort Worth,City Attorney's Office, 1000 Throckmorton, Fort Worth,Texas 76102. 30. GOVERNING LAW AND VENUE: This lease shall be governed by and subject to the laws of the State of Texas, and is performable in Arlington,Tarrant County,Texas. 31. ATTORNEY'S FEES: If on account of any breach or default by any party to this lease in its obligations to any other party to this lease, it becomes necessary for a party to employ an attorney to enforce or defend any of its rights or remedies under this lease, the non-prevailing party agrees to pay the prevailing party its reasonable attorneys' fees and court costs, if any, whether or not suit is instituted in connection with the enforcement or defense. 32. JOINT AND SEVERAL LIABILITY: If there be more than one lessee,the obligation hereunder imposed upon Lessee shall be joint and several. 33. SEVERABILITY: Each and every covenant and agreement contained in this lease is,and shall be construed to be,a separate and independent covenant and agreement. If any term or provision of this lease or the application thereof to any person or circumstances shall to any extent be invalid and unenforceable, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. 34. FORCE MAJEURE: Whenever a period of time is herein prescribed for action to be taken by the parties, the parties shall not be liable or responsible for,and thereby shall be excluded from the computation for any such period of time,any delays due to strikes, acts of God, shortages of labor or materials, war, governmental laws, regulations, restrictions, acts of public enemies, wars, epidemics, public health crises, civil disturbances, or any other cause of any kind whatsoever which is beyond the control of the parties. iN(TfAI NE(th Page 7 1 35. LESSEE'S FINANCIAL CONDITION: Deleted by agreement of the parties. 36. BINDING EFFECT: All of the covenants, agreements, terms, and conditions to be observed and performed by the parties hereto shall be applicable to and binding upon their respective hens,personal representatives,successors, and,to the extent assignment is permitted hereunder,their respective assigns. 37. ADDITIONAL TERMS AND CONDITIONS: I. Exhibit"A"Floorplan—attached. 1I. Lessee shall accept suite in"As Is"condition. 11I. This lease shall terminate in the event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of Lessee hereunder. 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. Termination pursuant to this non-appropriation clause shall be without further penalty or expense to either party. IV. Lessor's Lease Cancelation Option: At any time after September 30, 2010, Lessor may elect to cancel the remaining portion of this lease, if, in the Lessor's opinion,Lessee's operation or tenancy in the property is deemed to be unsuitable. The Lessor shall have the right to cancel this lease by giving Lessee at least 120 days written notice of its intent to invoke the "Lessor's Lease Cancelation Option". Upon expiration of this 120 day notice period,Lessee's rights and privileges to use and occupancy of the leased premises shall be terminated. LESSOR: ANDREWS-DILLINGHAM PROPERTIES,LTD. By: A-D Management,Inc. A#e*d y: Its General Partner Vim► Herldrixt ifs+ A By: - A ANDREWS JR.,PRESIDENT LESSEE(S): The City of Fort Worth Contract Authoriaatiox Individual or Company Date Name: Charles Daniels Title: Assistant City Mananer APPROVED AS TO 4200 South Freeway,Suite 2200 FORM D LEGALITY. Address(Home Office or Residence) Am9 Fort Worth Texas 76115 ml City State Zip Code ASSISTANT CITY ATTORNEY Ph: Sonia Singleton 817-392-5774 Email Address: Sonia-Singleton&fortworthgov.org *copy to City of Fort Worth, City Attorney's Office 1000 Throckmorton, Fort Worth,Texas 76102 lNiit= � OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Page 8 BUILDING RULES&REGULATIONS 1. Lessor shall provide all locks to doors in each Lessee's leased area, and no Lessee shall place any additional lock on any door in its leased area without Lessor's prior written consent. Lessor agrees to furnish Lessee two keys without charge. Additional keys will be furnished at a nominal charge. 2. Sidewalks, doorways, halls, stairways and other similar areas shall not be obstructed by Lessee or used by any Lessee for any purpose other than ingress and egress to and from the Leased Premises and for going from one to another part of the building. 3. Plumbing fixtures and appliances shall be used only for the purposes for which designed. Damage resulting to any such fixtures or appliances from misuse by Lessee shall be paid by him,and Lessor shall not in any case be responsible therefor. 4. All Lessees will refer all contractors, contractor's representatives and installation technicians rendering any service to them to Lessor for Lessor's supervision,approval and control before the performance of any contractual services. This provision shall apply to all work performed in the building including, but not limited to installations of telephones, telegraph equipment, electrical devices and attachments,and any and all installations of every nature affecting floors,walls, woodwork, trim, windows, ceilings, equipment and any other physical portion of the building. Should a Lessee require telegraphics, telephonic, or other communication service, Lessor will direct the electricians where and how wires are to be introduced and placed and none shall be introduced or placed except as Lessor shall direct. Electric current shall not be used for power or heating without Lessor's prior written consent. However, Lessor understands that Lessee is subject to state and local laws governing purchasing,and Lessor will not unreasonably withhold its approval from Lessee to utilize on the Leased Premises workmen who have been authorized pursuant to said laws. 5. Movement in or out of the building of furniture or office equipment, or dispatch or receipt by Lessees of any bulky material, merchandise or materials which require use of elevators or stairways, or movement through the building entrances or lobby shall be restricted to such hours as Lessor shall designate. All such movement shall be under the supervision of Lessor and in the manner agreed between the Lessee and Lessor by rearrangement before performance. The Lessees are to assume all risks as to the damage to articles moved and injury to persons or public engaged or not engaged in such movement, including equipment, property and personnel of Lessor if damaged or injured as a result of acts in connection with carrying out this service for a Lessee from time of entering property to completion of work, and Lessor shall not be liable for acts of any person engaged in, or any damage or loss to any said property or persons resulting from any act in connection with such service performed for a Lessee. 6. Lessor shall have the power to prescribe the weight and position of safes and other heavy equipment, which shall in all cases,to distribute weight,stand on supporting devices approved by Lessor. All damages done to the building by taking in or putting out any property of a Lessee,or done by Lessee's property while in the building,shall be repaired at the expense of such Lessee. Lessee shall notify the building manager when safes or other heavy equipment are to be taken in or out of the building, and the moving shall be done under the supervision of the building manager, after written permit from Lessor. Persons employed to move such property must be acceptable to Lessor. 7. Corridor doors,when not in use,shall be kept closed. 8. No person shall disturb the occupants of the Building by the use of any musical instruments, including stereo equipment,the making of unseemly noises,or any unreasonable use,or disruptive actions. 9. Lessor will not permit entrance to the Leased Premises by use of passkeys controlled by Lessor,to any person at any time without written permission by Lessee, except employees, contractors, or service personnel directly supervised by Lessor. 10. Nothing shall be swept or thrown into the corridors,halls,elevator shafts,or stairways. With the exception of disability service animals,no birds or animals shall be brought into or kept in,on or about Lessee's area. 11. No machinery of any kind shall be operated by any Lessee on its leased area without the prior written consent of Lessor,nor shall any Lessee use or keep in the building any inflammable or explosive fluid of substance. 12. No portion of any Lessee's leased area shall at any time be used or occupied as sleeping or lodging quarters. 13. Lessor reserves the right to revise any of these rules and regulations as in its judgment shall from time to time be needed for the safety, protection, care and cleanliness of the building, the operation thereof, the preservation of good order therein and the protection and comfort of the Lessees and their agents, employees and invitees, which rules and regulations, when made and written notice thereof is given to a Lessee, shall be binding upon it in like manner as if originally herein prescribed. 114171AL HERE Page 9 Exhibit "A" Floorplan LAMAR EAST ATRIUMS Suite 201 19891 RSF 1,550 USF N F f Page 10 ANDREWS-DILLINGHA.M PROPERTIES 1140 VAPME CENTRAL DR_,SUTTE 625 DALLAS,TEXAS 75247 SPECIAL MWER OF A ORNEY I hereby authorize Gordon Gerald Smith,Jr. to act in my name,place,and stead in the execution of a lease by and between Andrews-Dillingham Properties,Ltd. and the City of.Forth Worth, running from October 1,2009 to December 30,2014. t ��i�* • •+�i�1+A'L • Adolphus Andrews,Jr. President&General Partner A-D Management, Inc. September 11,2009 (n4)6M8 OM FAX(214)638-1826 I0/10 06ed tit£# O ZI86slt SM3UNd Wd90: S0 600Z/II/60 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 10/13/2009 -Amendment is Highlighted DATE: Tuesday, October 13, 2009 REFERENCE NO.: **C-23841 LOG NAME: 80ATRIUM-LEASE09 SUBJECT: Authorize Execution of a Five Year Lease Agreement with Andrews-Dillingham Properties, LTD. in the Amount of$105,000.00 PeF*e8 in Base Rent for the Operation of a Community Action Partners Center RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a five year lease agreement with Andrews-Dillingham, LTD. in the amount of$105,000.00 PeyfeeF in base rent for the Operation of a Community Action Partners Center beginning October 1, 2009 and ending September 30, 2014. DISCUSSION: The purpose of this M&C is to authorize the City Manager to enter into a five year lease agreement for the lease of a facility to house the Southeast Community Action Partners (CAP) Center. This CAP center serves low income citizens in southeast Tarrant County with case management, information and referral services, client intake and assessment, emergency assistance, including the Comprehensive Energy Assistance Program and other social services. Its current location at 1188 Broad Street in Mansfield is in an isolated area which is difficult to access. The City pays a monthly rent of$600.00 plus water usage fee of$50.00 and an average of$426.00 in electric service per month for a 1,500 square foot building. The Parks and Community Services Department (PACSD) is recommending relocating the center to 1601 East Lamar Boulevard in Arlington to provide three staff with an increase in client intake and assistance space, administrative office and operational space and a more secure environment. The lease space area is 1,891 square feet and the building is easily accessible for area residents. The proposed five year contract would begin October 1, 2009 and end September 30, 2014. The base rental will be $1,750.00 per month which includes utilities and janitorial service. The monthly rental rate will be adjusted each year based upon the percent of increase in the Consumer Price Index (CPI) for all Urban Consumers in Dallas- Fort Worth. The base for calculating the percentage increase shall be the CPI published for the month of October, 2009. Annually, Tarrant County provides partial funding for the operation of the center. In 2008-2009 they awarded $30,000.00 in Community Development Block Grant funds to the City and PACSD anticipates the same amount or more for the next three years. Additional funding is provided by the Community Services Block Grant; therefore, all expenses are totally grant funded. The remainder of funding is contingent upon the receipt of future support. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 080200326010 $5,250.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=12135&print=true&DocType=Print 10/14/2009 a Page 2 of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Charles W. Daniels (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Anthony C. Meyers (5775) ATTACHMENTS 1. CSBG Available Funds 9-21-09.pdf (CFW Internal) http://apps.cfwnet.org/ecouncii/printmc.asp?id=12135&print--true&DocType=Print 10/14/2009 Page : 1 Document Name : untitled BC AVAILABLE FUNDS INQUIRY 162 NEXT FUNCTION: ACTION: COMP / ACCT / CNTR ALTERNATE COMP / ACCT / CNTR GR76 53ZZZZ 080200326010 GR76 5ZZZZZ 080200326010 ACCT DESC: ORIG APPROPRIATION: 0 . 00 CNTR DESC: Administration LAST ACTIVITY: 09/19/2009 144 , 692 . 78 (ALLOTMENT ) 379 , 873 . 19 (ALLOTMENT ) 450 . 00 (COMMITMENT ) - 450 . 00 (COMMITMENT ) - 3 , 575 . 98 (ENCUMBRANCE ) - 3 , 575 . 98 (ENCUMBRANCE ) 40, 244 . 44 (EXPENDITURE ) - 163 , 174 . 87 (EXPENDITURE ) --- - - -------- ------ -- --- ---- - ---- --- ------ 100 , 422 . 36 (AVAIL BAL) = 212, 672 . 34 (AVAIL BAL) L OVEREXPEND A E C G V TOLERANCE BDG YTD P EST N L R ACTIVE INACTIVE L POST AMT PCT GRP LTD P REV EXP C COMM S P STAT DATE DATE 2 N 9999 999 L N N N N N Date : 9/21/2009 Time : 7 : 54 : 17 AM