HomeMy WebLinkAboutContract 56152 RECEIVED �, CITE
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CiT`!of FORT WORTH LEASE AGREEMENT FOR OFFICE SPACE
OiTYSEGRETAM ® o� JAMES E. GUINN SCHOOL BUILDING
LEASE AGREEMENT ("Lease") is entered into by and between the City of Fort
Worth,("Lessor")and the SCORE Association,a Washington D.C.non-profit corporation,
d/b/a 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 Nos. 108, 110, 111 and 112 in the
building known as the "James E. Guinn School" (the "Building) located at 1150 South
Freeway, Fort Worth, Texas 76104 (the "Leased Area") and as depicted on Exhibit "A",
attached hereto and hereby made a part of this Lease. 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. The Lessee will provide ingress
and egress of Suite No. 108 for the use of other tenants that occupy Suite No. 109 within
the building throughout the entirety of the Lease.
2. TERM OF LEASE
2.1 The term of this Lease ("Initial Term") shall be for a period of three (3)
years, starting on August 1, 2021 and expiring on July 31, 2024 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. Any Renewal
Term under this section and the Initial Term are collectively referred to as the "Term."
3. COMMON AREA
The "Common Area" of the Building 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 its sole discretion, shall determine. Lessor reserves the right to change the
dimensions and locations of the Common Area. Lessee and its employees and invitees
shall have the nonexclusive right to use the Common Area with the Lessor, other Lessees
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Guinn School Lease Agreement OFFMAL RECORD
17Y SECRETARY
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
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 (the "Rent") and $13.94 per month for each
phone line provided.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. IMMNTENANCE,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.
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 it existed at the
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Guinn School Lease Agreement
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 was 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 has 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 otherwise provided herein, 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.
(2) Hot and cold water at those points of supply provided for general
use.
(3) Standard building janitor service in and about the Building and the
Leased Area; however, Lessee shall pay the additional costs
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Guinn School Lease Agreement
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, or similar lighting, in building
standard ceiling mounted fixtures installed by Lessor and
incandescent, or similar, 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
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.
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Guinn School Lease Agreement
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.
S. 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.
9.1 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 10 and covering all risks related to the leasing,
use, occupancy, maintenance, existence or location of the Leased 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:
• Pro e
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
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Guinn School Lease Agreement
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 in 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 Lessor.
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 defined herein) shall be damaged or destroyed by fire or other casualty,
then Lessor shall have the election to terminate this Lease within 120 days from 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.
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Guinn School Lease Agreement
In any of the aforesaid circumstances, Rent shall abate proportionally during the period
and to the extent that the Leased Area is 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 owed to 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 repair and reconstruction.
Notwithstanding the provisions 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,
MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
LEASED 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,INCL UDING DEATH,
TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS LEASE OR
WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE LEASED AREA,EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
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Guinn School Lease Agreement
LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAYLESSOR
FOR ANY AND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH
ARISES OUT OF OR IN CONNECTION WITHANYAND 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 IIARM TO ANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES,INVITEES OR PATRONS,AND WHICHMAYBE
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
Lessor with 48-hour 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
observed prior to the expiration of a period of ten (10) days
following written notice to Lessee of such failure.
(3) Abandonment or vacating of the Leased Area or any
significant portion thereof for a period in excess of ninety
(90) days.
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Guinn School Lease Agreement
(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.
C. 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 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.
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Guinn School Lease Agreement
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 Initial Term or Renewal Term (had such Initial Term or
Renewal 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 Initial Term
or Renewal 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 Initial Term or Renewal Term until the
date of expiration of the Initial Term or Renewal 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 or more occasions, without the necessity of
Lessor's waiting until expiration of the Initial Term or Renewal 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
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Guinn School Lease Agreement
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
I. 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 Area 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 Lessor 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 lien shall constitute a 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.
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Guinn School Lease Agreement
15. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Leased
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
Leased Area and Lessee immediately shall remove from the Leased Area any person engaging
in such unlawful activities. Unlawful use of the Leased 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,applicable to Lessee's use of the Leased Area.
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. To the best of Lessor's actual
knowledge, without undertaking any investigation to confirm compliance, the Building is
compliant with applicable law as of the date hereof.
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-
DISCRIMINA TION CO VENANT B YLESSEE,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.
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18. NO WAIVER.
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 in the Leased 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. 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.
21. 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,pandemics,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.
22. RIGHT TO AUDIT.
Upon Lessor's request and following reasonable advance notice, Lessee will make
such books and records available for review by Lessor during Lessee's normal business
hours. Lessor, at Lessor's sole cost and expense, shall have the right to audit such books
and records in order to ensure compliance with the terms of this Lease.
23. CHARITABLE IMMUNITY.
Lessee agrees that if it is a charitable organization,corporations,entity or individual
enterprise having, claiming or entitled to any immunity, exemption(statutory or otherwise)
or limitation from and against liability for damage or injury to property or persons under
the provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001
et seq., or other applicable law, that Lessee hereby expressly waives its right to assert or
plead defensively any such immunity or limitation of liability as against Lessor. A copy
Page 113 of 20
Guinn School Lease Agreement
of the documentation stating lessee's non-profit status is due annually to the address
specified for Lessor in notice provision of this Agreement.
24. 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.
25. 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
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 day of ,2021.
[SIGNATURES ON FOLLOWING PAGE.]
Page 114 of 20
Guinn School Lease Agreement
LESSOR:
City of Fort Worth LESSEE:
The SCORE Association
By: By:
Jesus Chapa Rick J.P$ so
Deputy City Manager VP Finance SCORE
S-`-Z�
T r 7, N° 2
nald P. Gonzales s'
Acting City Secretary '
S
APPROVED AS TO FORM AND LECiAT «
_r
Assistant City Attorney
Thomas Royce Hansen
Date:
M & C Number:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersignel authority, a Notary Public in and for the State of
Texas,on this day personally appeared us 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 4(A-- day of
2021.
ARM.SANCHEZ
My Notary to#2256490 Not Public in and for the State of cas
Expires December 19,2021
OFFICIAL RECORD
CITY SECRETARY
Page 115 of 20
Guinn School Lease Agreement FT WORTH,TX
r
s `
STAfE OF Maryland §
COUNTY OF Fredrick �
BEFORE ME, the undersigned authority, a Notary Public to and for the ante of
mmiand,on this clay personally append gqg— f I._ ,known tome to be
the person whose name is subs filled to the foregoing instn=cnt,And acknowledged to me
that the saine was file act of the — and that he executed
the mme as the act of the for the pulses and consideration therein
expressed and in the capacity therein stated.
GlvEN L I)FR Mat HAND AND SEAL OF OFFICE this �� day of
021.
KASHIFRAZA T rota Pu fie in and for the State ofMmyland
Notary PLAbtc
Fmded;k Coonly
Maryland
My Commission Expkes Jan, 17.2023
OFFICIAL RECORD
CITY SECRETARY
Page 116 of 20 F`. WORTH,TX
Guinn School Lease Agreement
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring end
administration of this contract, including ensuring all performance and reporting regv_51`emer:s.
By:
Robert Sturns
Economic Development Department Director
Date: 7
OFFICIAL RECORD
Page 17 of 20 P SECRETARY
Guinn School Lease Agreement
F T. WORTH,TX
EXHIBIT A—Leased Premises
Exhibit A
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Guinn School Lease Agreement
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 termination 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 119 of 20
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 120 of 20
Guinn School Lease Agreement
8/13/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTII
'14�
DATE: 6/22/2021 REFERENCE **M&C 21- LOG NAME: 17SCORELEASE2NDRENEWAL
NO.: 0496
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize Execution of a Lease Agreement with the SCORE Foundation for Office
Space in the Fort Worth Business Assistance Center Located at 1150 South Freeway
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a three-year Lease
Agreement with the SCORE Foundation for office space in the Fort Worth Business Assistance
Center located at 1150 South Freeway.
DISCUSSION:
The historic James E. Guinn school campus is owned by the City of Fort Worth and managed by the
Economic Development Department. The Fort Worth Business Assistance Center is located in the
former middle school on the campus and provides office, training and conference room space to
organizations involved in small business development.
The lease terms of the Agreement between the SCORE Foundation (Fort Worth Chapter
120) (Lessee) and the City of Fort Worth (Lessor) are:
The lease begins August 1, 2021 and continues for three-years, with one three-year renewal term;
The lease space consists of Suite 108 -112 (exclusive of Suite 109 which is leased to the
Organization of Hispanic Contractors Inc. d/b/a Regional Hispanic Contractors Association) located
at 1150 South Freeway and the base rent will be $12.52 per square foot per year plus a monthly
charge of $13.94 per phone line for telephone expenses. The space will be used solely for the
purpose of office space and/or education and training;
Lessor will cover building utilities, maintenance, security, janitorial and any taxes, if any, imposed
on the property; and
Lessee may terminate the lease for cause or convenience and shall provide a 90-day Notice of
Intent to Terminate.
The total annual revenue collected from this Agreement will be $8,350.80 which represents a total of
$25,052.40 over the three-year term of the Agreement period.
Of the total amount of$8,350.80 to be received during the first year of the Agreement, the amount of
$1,391.80 will be received in FY 2021 and the remaining $6,959.00 will be received in FY 2022.
The James E. Guinn School campus is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease agreement, funds will be deposited into the General Fund. The Economic
Development Department (and Financial Management Services) is responsible for the collection and
deposit of funds due to the City.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I I Year I (Chartfield 2)
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29044&counciIdate=6/22/2021 1/2
8/13/2021 M&C Review
FROM
Fund Department Account Project Program Activity 7B--u-d-q-e-t—F Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Robert Sturns (2663)
Additional Information Contact: Robert Sturns (2663)
ATTACHMENTS
a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29044&cou nci Idate=6/22/2021 2/2