HomeMy WebLinkAboutContract 44369 (2):• • I ',. � . - _
PARKING LOT LEASE AGREEMENT
This PARKING LOT LEASE AGREEMENT (the "Lease") is made and entered into as of April
1�; ZC i'� , 2013 by and between THE CITY OF FORT WO1�TH, a Texas. home-rule
municipal corporation ("Lessor") and Colonial Country Club, a Texas �b'VI-�Ji4�,�- �����`��v%✓�
("Lessee").
WHEREAS, Lessor is the owner of real property situated in Fort Worth, Tarrant, Texas, which
is a parking lot consisting of approximately 550, 000_ square feet with 1428 parking spaces and is located
at 3409 Harley Avenue, Fort Worth, Texas, on the attached E�ibit "A" ("Property");
WHEREAS, Lessee is the host of a golf tournament
INVITATIONAL AT COLONIAL, traditionally held amivally in May
need of additional parking for the Tournament;
known as the CROWNE PLAZA
("Tournament"), and Lessee is in
WHEREAS, Lessor and Standard Parking Coiporation ("Standard") are parties to a Contract for
Management and Operation of the Will Rogers Memorial Center Parking Facilities (City Secretary
Contract No. 39749), dated February 1, 2010 ("Standard Contract"), pursuant to which Standard manages
on behalf of Lessor the parking facilities owned by Lessor located at the Will Rogers Memorial Center
complex, including the Property, though such management excludes approximately 30 days per year with
the Southwestern Exposition and Livestock Show leases the entire Will Rogers Memorial Center
complex;
WHEREAS, Standard charges parking rates pursuant to the Schedule of Rates and Charges for
the Will Rogeis Memorial Center Parking System ("Rates Schedule"), as adopted by City Council on
April 6, 2010 (M&C G-16886) and amended on September 11, 2012 (M&C C-25825) to allow for this
Lease;
WHEREAS, to further the mission of Lessee, Lessee has requested that a portion of the Property
consisting of 900 parking spaces, as set forth on the attached E�chibit "B" (the "Leased Premises") be
leased to Lessee for parking by employees and volunteers of Lessee (collectively, the "Parkers"); and
WHEREAS, Lessor has agreed to lease to Lessee the Leased Premises on the terms and for the
purposes set forth herein, and to that end has removed the Leased Premises from the management of
Standard by virtue of a letter agreement reducing the scope of services in the Standard Contract.
WITNESSETH:
1. Leased Premises. Subject to the provisions hereinafter set forth and in consideration of the
rent to be paid and of the covenants and agreement to be performed by Lessee herein set forth, Lessor
does hereby lease to Lessee the Leased Premises.
2. Condition of Leased Premises. Lessee taking possession of the Leased Premises shall be
conclusive evidence that (a) the Leased Premises are suitable for the purposes and uses for which same
are leased; and (b) Lessee waives any and all defects in and to the Leased Premises, its appurtenances,
and in all the appurtenances thereto. Fui�ther, Lessee takes the Leased Premises and all appurtenances in
"AS IS" condition without warranty, expressed or implied, on the part of Lessor. Lessor shall not be
liable to Lessee, Lessee's agents, employees, invitees, licensees, or guests for any damage to any person
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RECEIVED APR 16 ��i�
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. or� property due to the Leased Premises of any part of any appurtenance thereof being improperly
constructed or being or becoming in disrepair.
3. Term. Subject to earlier termination as hereinafter set forth, this Lease shall be for a
term ("Lease Term") commencing on May 17, 2013 and expiring on May 27, 2013.
4. Rental: Time of essence. Lessee shall pay to Lessor, at Transportation and Public Works,
311 W. 10`h Street , Fort Worth, Texas 76102, or such other address as the Lessor may designate from
time to time, the rent for the Lease Term. The rent shall be for a total of $9,900.00 ("Rent"), based on
$1.00 per day per parking space for May 20, 2013 through May 22, 2013, and $2.00 per day per parking
space for May 23, 2013 through May 27, 2013. Lessee shall pay all such Rent in advance and without
demand. If the payment of Rent is not received by Lessor as provided herein, then all amounts due and
payable to Lessor hereunder shali bear interest from the date the payment of Rent was due until paid, at a
per annum rate of interest equal to the lesser of (a) eighteen percent (18%) or (b) the highest
non-usurious rate permitted by applicabie law. Time is specifically of the essence of this provision and
of every provision of this Lease.
5. Use of Leased Premises.
(a) Lessee shall only permit parking of vehicles by Parkers only on the Leased Premises,
provided, however, Lessee may piace on the Leased Premises temporary items such as a small
storage building, tables, chairs, signage, trash cans, port-o-let and temporary lighting. These
items shall be removed within four days following conclusion of the Tournament. Lessee is
responsible for servicing and securing all of these items, and all costs related thereto.
(b) Lessee shall faithfully and promptly comply with all laws, ordinances, orders, rules, and
regulations of all governmental authorities having jurisdiction, and/or rules and regulations imposed by
Lessor from time to time, relative to the use, condition, or occupancy of the Leased Premises.
(c) Under no circumstances during the Lease will Lessee use or cause to be used on the
Leased Premises any hazardous or toxic substances or materials, or store or dispose of any such
substances or materials on the Leased Premises.
(d) Lessee shall use only the parking spaces included in the Leased Premises. Lessor shall
provide physical markers on the Property to indicate the location of the spaces included in the Leased
Premises. Lessee shall ensure that the physical markers are not removed or relocated.
6. Receipts. Lessee may not charge for Parkers' parking on the Leased Premises.
7. No Services. Lessor shall not furnish Lessee with any utilities, cleaning, lighting, security,
fence, gate or any other items or services for the Leased Premises. All operating costs of Leased Premises
shall be Lessee's sole cost and expense. If Lessee wants or needs any utilities, cleaning, lighting,
security, fence, gate or any other items or services while occupying the Leased Premises, the Lessee shall
first obtain permission and approval from the Lessor to contract, add or install any of the above items and
will be responsible for providing same at Lessee's sole cost. Lessor shall not furnish any personnel for
the Leased Premises, and any personnel for the Leased Premises shall be the sole responsibility of
Lessee.
8. Alterations, Additions, Improvements, and Signage.
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. 8. Alterations, Additions, Improvements, and Signage.
(a) Lessee shall make no alterations on, or additions to, the Leased Premises without the
prior written consent of Lessor. All alterations, additions and improvements made to or fixtures or other
improvements placed in or upon the Leased Premises shall be deemed a part of the Leased Premises and
the property of Lessor at the end of the term of the Lease. All such alterations, additions, improvements,
and fixtures shall remain upon and be surrendered with the Leased Premises as a part thereof at the
termination of this Lease.
(b) Lessee shall not paint, erect, or display any sign, advertisement, placard, or lettering on
the Leased Premises without Lessor's prior written approval. Prior to the use of the Leased Premises,
Lessee shall erect temporary signage which clearly states that parking on the Leased Premises is for
Parkers only, and such signage must be approved by Lessor in writing prior to use. Lessee shall remove
all signage at the expiration of the Lease Tet�rn or termination of this Lease if during the Lease
Term, and shall promptly repair, at its sole cost and expense, any damage to the Leased Premises
caused by the signage or its removal.
9. Indemnity. (a) LESSEE SIIALL AND DOES AGREE TO Il�DEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS LESSOR, LESSOR'S OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES (COLLECTNELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, LOSSES. LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS
AND EXPENSES, (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF
INVESTIGATIOI�, OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO
ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS
OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE LEASED PREMISES BY
LESSEE, ITS EMPLOYEES, PARKERS, AGENTS, INVITEE, LESSEES AND ANY OTHER PARTY
OR (2) BY REASON OF ANY OTHER CLAIM WHIITSOEVER OF f1NY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR 1N PART BY ANY ACT OR
OMISSION ON THE PART OF LESSEE OR ANY iNVITEE, PARICERS, LESSEE, EMPLOYEE,
DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF LESSEE, OR ANYONE LESSEE
CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH, VIOLATION OR
NONPERFORMANCE OF ANY COVENANT OF LESSEE UNDER THIS LEASE (COLLECTIVELY,
"LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO TI�
CONCURRENT OR PARTIAL NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES
WITH RESPECT TO WHICH LESSEE'S OBLIGATION TO INDEMNIFY THE INDENINITEES
DOES NOT APPLY IS WITH RESPECT TO LIABILITIES ARISING OUT OF OR RESULTING
SOLELY FROM THE NEGLIGENCE OR WII,LFUL MISCONDUCT OF ANY 1NDENINITEE. IF
ANY ACTION OR PROCEEDING SIIALL BE BROUGHT BY OR AGAINST ANY 1NDEMr]IITEE 1N
CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LESSEE, ON NOTICE FROM LESSOR,
SHALL DEFEND SUCH ACTION OR PROCEEDING, AT LESSEE'S EXPENSE, BY OR THROUGH
ATTORNEYS REASONABLY SATISFACTORY TO LESSOR. THE PROVISIONS OF THIS
PARAGRAPH SHALL APPLY TO ALL ACTNITIES OF LESSEE WITH RESPECT TO THE USE
AND OCCUPANCY OF THE LEASED PREMISES, WHETHER OCCURRING BEFORE OR AFTER
THE COMMENCEMENT DATE OF TI-� LEASE TERM AND BEFORE OR AFTER THE
TERIVIINATION OF THIS LEASE. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO
DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES,
WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES'
BENEFIT ACTS. HOWEVER,
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(b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN
EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABII,ITY OF THE INDEMNIFICATION
OBLIGATION UNDER THIS PARAGRAPH 9, SUCH LEGAL LIMITATIONS ARE MADE A PART
OF THE 1NDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE
INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE
PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LINIITATIONS, AND
AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE
AND EFFECT.
10. Waiver of Liability. NO INDEMNITEE SHALL BE LIABLE IN ANY A7ANNER TO
LESSEE, ITS AGENTS, EMPLOYEES, PARKERS, CONTRACTORS, OR ANY OTHER PARTY IN
CONNECTION WITH THE USE OF THE LEASED PREMISES BY ANY OF THEM, FOR ANY
1NJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WII,LFUL
MISCONDUCT OR GROSS NEGLIGENCE OF AN INDEMI�ITEE. IN NO EVENT SHALL ANY
INDENIl�IITEE BE LIABLE IN ANY MANNER TO LESSEE OR ANY OTHER PARTY AS THE
RESULT OF THE ACTS OR OMISSIONS OF LESSEE, ITS AGENTS, EMPLOYEES,
CONTRACTORS, OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE LEASED
PREMISES BY ANY OF THEM. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN
VEHICLES USING THE LEASED PREMISES, WHETHER PURSUANT TO THIS LEASE OR
OTHERWISE SHALL BE AT THE RISK OF LESSEE ONLY, AND NO INDEMNITEES SHALL BE
LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF LESSEE, ITS
EMPLOYEES, AGENTS, PARK.ERS, INVITEE, OR TO OTHERS, REGARDLESS OF WIIETHER
SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF LESSOR OR SUCH LOSS OR DAMAGE
IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF WHATSOEVER
NATURE, EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE.
11. Insurance. Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the
Leased Premises. Lessee shall obtain the following insurance coverage at the limits specified herein:
* Commercial General Liability:
$300,000.00 per occurrence
(including Products and Completed Operations);
In addition, Lessee shall be responsible for all insurance to any approved construction,
improvements, modifications or renovations on or to the Leased Premises and for personal property of
Lessee or in Lessee's care, custody or control. Insurance requirements, including additional types and limits
of coverage and increased limits on e�sting 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. As
a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor with a certificate of
insurance signed by the underwriter 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 Lessar with a new or renewal
cert�cate of insurance. In addition, Lessee shall, on demaud, provide Lessor with evidence that it has
maintained such coverage in full force and effect. Lessee shali maintain its insurance with underwriters
authorized to do business in the State of Texas and which are satisfactory to Lessor. The policy or policies
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, of'insurance shall be endorsed to cover all of Lessee's operations on the Leased Premises and to provide that
no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or
atnendment, shall be made without thirty (30) days' prior written notice to Lessor.
12. Abandoned Property. Lessee's personal property not promptly removed by Lessee from
the Leased Premises at the expiration of the Lease Term, or upon the termination of the Lease, whether
termination shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to
have been abandoned by Lessee to Lessor. Fixtures attached to the Leased Premises become the property
of Lessor.
13. Assignment and Subletting. Lessee shall not assign this Lease,
under this Lease, or sublet the Leased Premises, for consideration or no
voluntarily, by operation of law, or otherwise, and any attempt to do so shall
attempt shall cause immediate termination of this Lease.
or any right
consideration,
be void, and
of Lessee
, whether
any such
14. Damage to Leased Premises or Property of Lessor. If, at any time during the Lease
Term, by the acts of omissions of the Lessee, its employees, patrons, agents, invitees, of licensees, the
Leased Premises, or any property therein is damaged or destroyed, Lessee shall be obligated to pay, on
demand, all costs to repair same together.
15. Repairs and Maintenance. Lessor has no obligation to make repairs of any sort to the
Leased Premises, Lessor's sole obligation hereunder being to make the Leased Premises available to
Lessee in accordance with and subject to the covenants, restrictions and limitations set forth herein.
Lessee shall, at its expense, use and maintain the Leased Premises in a neat, clean, careful, safe, and
proper manner and comply with all applicable laws, ordinances, orders, rules, and regulations of all
governmental bodies (state, county, federal, and municipal). At the termination of this Lease, whether by
lapse of time or otherwise, Lessee shall deliver the Leased Premises to Lessor in as good a condition as
the same was as of the date of the taking of possession thereof by Lessee, ordinary wear and tear only
expected.
16. Severability. If any clause or provision of this Lease is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental body or
entity, effective during the Lease Term, the intention of the parties hereto is that the remaining parts of
this Lease shall not be affected thereby unless such invalidity is, in the sole determination of the Lessor,
essential to the rights of both parties, in which event Lessor has the right, but not the obligation, to
terminate the Lease on written notice to Lessee.
17. Default and Termination.
(a) Lessee's Default. If Lessee shall fail to perform or observe any of its obligations hereunder
then Lessor may terminate this Lease by giving Lessee written notice thereof, in which event this Lease
and all interest of Lessee hereunder shall automatically terminate. Such rights of Lessor in the case of a
default by Lessee hereunder are not exclusive, but are cumulative of all other rights Lessor may have
hereunder, at law or in equity; and any one or more of such rights may be exercised separately or
concurrently to the extent provided by law.
(b) Lessor's Default. Should Lessor commit a default under this Lease (including but not
limited to Lessor's failure to make the Leased Premises available), Lessee may, as its sole remedy
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hereunder, terminate this Lease, and Lessee hereby waives any and all other remedies for any such
default by Lessor.
(c) Termination for Convenience. Either party may terminate this Lease with 30 days' written
notice to the other party.
18. Notice. Any notice hereunder must be in writing. Notice deposited in the United States
mail, properly addressed, postage paid, shall be effective-upon deposit. Notice given in any other manner
herein shall be effective upon receipt at the address of the addressee. For purposes of notice, the
addresses of the parties shall, unless changed as hereinafter provided, be as follows:
If to Lessor, to:
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
311 W. lOt`' STREET
FORT WORTH, TEXAS 76102
ATTN: PETER ELLIOTT
With a copy to:
CITY ATTORNEY'S OFFICE
CITY OF FORT WORTH
f [IIIZI . I : �Z�-� C�7.�1 iC�7`►�
FORT WORTH, TEXAS 76102
ATTN: LEANN GUZMAN
If to Lessee, to:
MAILING ADDRESS:
The parties hereto shall have the continuing right to change their respective address by giving at least ten
(10) days notice to the other party.
19. Audit. Lessor may at Lessor's sole cost and expense, at reasonable times during Lessee's
normal business hours and upon reasonable notice, audit Lessee's books and records regarding the
charges, proceeds, receipts and income received by Lessee under Section 6 for any particular calendar
year.
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� 20. Entire Lease. This Lease constitutes the entire agreement between Lessor and Lessee
relating to the use of the Leased Premises and no prior written or oral covenants or representations
relating thereto not set forth herein shall be binding on either party hereto. Lessor and Lessee agree that
any and all prior leases between Lessor and Lessee for the Leased Premises are hereby terminated.
21. Amendment. This Lease may not be amended, modified, extended, or supplemented except
by written instrument executed by both Lessor and Lessee.
22. Counterparts. This Lease may be executed in several counterparts, each of which shall be
deemed an original, but all of which shall constitute but one and the same document.
[SIGNATURES APPEAR ON FOLLOWII�tG PAGES]
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In witness whereof,
above set forth.
LESSOR:
the parties hereto have caused this Lease to be executed as the day and year first
CITY OF FORT WORTH
a Texas municipal corporation
By:
OFFICIAi. REC�R�
C�TY SECRETARY
FT. WOR'iH, TX
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Fernando Costa, Assistant City Manager
Approved as to Form and Legality:
�.t; l.,�J i�j i t�( C_:J i.) n �T/� ✓
Name:
Title: ����� ,
C._(..v�
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Exhibit A
Lot bounded by Harley Avenue on the north and Trail Avenue on the east.
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Exhibit B
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eastern half of the lot as outlined bv the �reen boundary on E�ibit B.
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