HomeMy WebLinkAboutContract 57072 CSC No. 57072
PARKING LOT LEASE AGREEMENT
This Parking Lot Lease ("Lease")is entered into this February 1 2022 ("Effective Date)by
and between the City of Fort Worth, Texas, a home-rule municipal corporation of the State of Texas
("City"), and Lanter Delivery Systems,LLC, a limited liability company. ("Tenant").
WHEREAS, City owns a certain piece of property known as the Alliance Maintenance Facility located at
2000 Eagle Parkway,Fort Worth,Texas, 76177 ("Property"),which Property is managed on behalf of City
by Hillwood Properties("Property Manager"); and
WHEREAS, Tenant is currently using approximately four (4) acres of the parking lot on the Property
("Lot"),as described in Exhibit"A" in this Lease,for commercial truck trailer parking on a month to month
term under a License Agreement(City Secretary Contract No. 56711); and
WHEREAS, Tenant has requested, and the City agrees, to grant to Tenant a longer term lease for use of
the Lot in accordance with the terms and conditions of this Lease.
WITNESSETH:
1. Previous License Agreement Termination. City and Tenant agree that the month to month
License Agreement(City Secretary Contract No. 56711)between the City and Tenant shall automatically
terminate on February 1, 2022, the effective date of this Lease.
2. Premises. City hereby grants Tenant the exclusive lease to use approximately four.(4) acres
of the parking lot ("Lot") as described in Exhibit "A" located at the Alliance Maintenance Facility for
parking of commercial truck trailers only. Under no circumstances during the Lease will Tenant use or
cause to be used on the Lot any hazardous or toxic substances or materials,or store or dispose of any such
substances or materials on the Lot; provided that the presence of fuel,engine oil and hydraulic fluids used
for or stored in containers on the Lot will not be deemed a violation of this Section. Tenant shall not install
signs, advertising media, and lettering on the Lot without prior written approval of City. Tenant will have
access to the Lot 24 hours a day, 7 days a week. City agrees to provide Tenant with reasonable prior notice
in the event City desires to access the Lot; provided that City may not interfere with Tenant's use of the
Lot in accordance with this Lease.
2. Condition of Lot. Tenant taking possession of the Lot shall be conclusive evidence that(a)
the Lot are suitable for the purposes and uses for which same are leased to the extent Tenant has had the
opportunity to inspect the Lot; and (b) Tenant waives any and all defects in and to the Lot, its
appurtenances, and in all the appurtenances thereto. Further, Tenant takes the Lot and all appurtenances
in "AS IS" condition without warranty, expressed or implied, on the part of City. Except to the extent
arising from City's negligence or willful misconduct, City shall not be liable to Tenant, Tenant' agents,
employees, invitees, licensees, or guests for any damage to any person or property due to the Lot or any
part of any appurtenance thereof being improperly constructed or being or becoming in disrepair.
3. Lease Term:
a. Initial Term: The Lease shall commence on February 1,2022 ("Effective Date") and expire
on April 30,2022 .
OFFICIAL RECORD
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC ("Tenant") CITY SECRETARY
- 1 -
FT. WORTH, TX
b. Renewal Terms; Upon expiration of the Initial Term, the Lease shall automatically renew for
additional three(3)month terms until terminated by either party by providing ninety(90)day written notice to
the other party_
4. Rent; Time of essence. Tenant will pay City rent in the amount of$12,545,28 per month to
use the Lot during the Lease Term. Rent is due to City on or before the I It of each month via direct deposit
into the Alliance Maintenance Fund bank account, the information for which shall be provided by Property
Manager to Tenant promptly after the Effective Date hereof If the',payrnent of Rent or other fees listed in
this Lease are not received by City as provided herein,then after five(5)days after receipt of written notice
from City, all amounts due and payable to City hereunder shall bear interest from the date the payment of
Rent and fees 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 applicable law. Time is specifically of the essence
of this provision and of every provision of this Lease.
5. No Services. City shall not furnish Tenant with any utilities, cleaning, lighting, security, or
any other items or services for the Lot. All operating costs of Lot shall be Tenant' sole cost and expense.
If Tenant wants or needs any utilities, cleaning, lighting, security, or any other items or services while
occupying the Lot,then Tenant shall first obtain permission and approval from the City to contract, add or
install any of the above items and will be responsible for providing same at Tenant' sole cost.
6. Alterations, Additions, Improvements, and Signage. Tenant shall make no alterations on or
additions to,the Lot without the prior written consent of City.Any alterations made to the Lot by the Tenant
shall be at Tenant's sole cost and expense and shall not interfere with the operations of other tenants and/or
other operations at the Alliance Maintenance Facility. If interference occurs Tenant will make changes
and/or remove the alteration to remedy said interference within 5 days of notice from City. All alterations,
additions and improvements made to or fixtures or other improvements placed in or upon the Lot shall be
deemed a part of the Lot and the property of City at the end of the Lease Term. All such alterations,
additions, improvements, and fixtures shall remain upon and be surrendered with the Lot as a part thereof
at the termination of this Lease. Tenant may at its sole option and expense remove any Tenant alterations
at any time during the Lease Term with City approval, At the termination of this Lease, whether by lapse
of time or otherwise, Tenant shall (i) deliver the Lot to City in as good a condition as the satire was as of
the date of the taking of possession thereof by Tenant, subject only to ordinary wear and tear and damage
caused by casualty or condemnation and(ii)upon City.request,remove any alterations and make any repairs
to the Lot as needed in order to comply with the provisions of Section 13 below.
7. Indemnity. (a) TENANT SHALL AND DOES AGREE TO INDEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS CITY, CITY'S OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL
CLAIMS,LIABILITIES, DAMAGES,LOSSES..-.,LIENS,CAUSES OF ACTION, SUITS,JUDGMENTS
AND EXPENSES, (INCLUDING REASONABLE COURT COSTS, REASONABLE ATTORNEYS'
FEES AND REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR
DESCRIPTION TO THE EXTENT 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 LOT BY TENANT,ITS EMPLOYEES,AGENTS AND LESSEES OR
(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
OCCASIONED OR ALLEGED TO BE OCCASIONED BY ANY ACT OR OMISSION ON THE PART
OF TENANT OR ANY LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR
CONTRACTOR OF TENANT OR(3)BY ANY BREACH,VIOLATION OR NONPERFORMANCE OF
ANY COVENANT OF TENANT UNDER THIS LEASE(COLLECTIVELY, "LIABILITIES"),EXCEPT
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC ("Tenant")
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TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE,IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT
BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,
TENANT, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT
TENANT'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO
CITY. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF
TENANT WITH RESPECT TO THE USE AND OCCUPANCY OF THE LOT, WHETHER
OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF THE LEASETERM AND
BEFORE OR AFTER THE TERMINATION 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.
(b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR
HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE
INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 7, SUCH LEGAL LIMITATIONS
ARE MADE A PART OF THE INDEMNIFICATION 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
LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL
CONTINUE IN FULL FORCE AND EFFECT.
9. Waiver of Liability. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN
VEHICLES USING THE LOT, WHETHER PURSUANT TO THIS LEASE OR OTHERWISE SHALL BE
AT THE RISK OF TENANT ONLY,AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR
THEFT OF OR DAMAGE TO PROPERTY OF TENANT, ITS EMPLOYEES, AGENTS, PATRONS,
INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO
EMPLOYEES OF CITY OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR
ANY OTHER CAUSE OF WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE
NEGLIGENCE OF ANY INDEMNITEE.
10, Insurance. Tenant shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified herein, which liability policy shall name the City of Fort Worth as an
additional insured to the extent of Tenant's indemnity obligations and covering all public risks related to the
leasing, use, occupancy, maintenance, existence or location of the Lot. Tenant shall obtain the following
insurance coverage at the limits specified herein:
* Commercial General Liability: $1,000,000.00 per occurrence(Including Products and
Completed Operations);
In addition, Tenant shall be responsible for all insurance to any personal property of Tenant or in
Tenant's care, custody or control. Tenant is allowed to self-insure without the prior written consent of City.
Any self-insured retention or other financial responsibility for claims shall be covered directly by Tenant in lieu
of insurance.
11. Abandoned Property. Tenant's personal property not promptly removed by Tenant from the
Lot within 30 days from the termination of this Lease,whether termination shall occur by the lapse of time
or otherwise,shall,thereupon be conclusively presumed to have been abandoned by Tenant to City. Fixtures
attached to the Lot become the property of City, if not removed as required herein.
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC("Tenant")
_ 3 _
12. Assignment and Subletting. Tenant shall not assign this Lease, or any right of Tenant under
this Lease, or sublet the Lot, for consideration or no consideration, whether voluntarily,by operation of law,
or otherwise without City's approval,and any attempt to do so shall be void,and any such attempt shall cause
immediate termination of this Lease; all provided that Tenant's contractors and agents may use the Lot in
accordance with the terms and provisions hereof.
13. Damage to Lot or Property of City. If, at any time during the Lease Term, by the acts of
omissions of the Tenant, its employees, agents, or licensees, the Lot, or any property therein is damaged or
destroyed, Tenant shall be obligated to pay, within thirty (30) days of demand, all costs to repair same
together.
14. Repairs and Maintenance.City has no obligation to make any repairs to the Lot prior to Tenant
occupancy other than what has been mutually agreed upon in writing between City and Tenant prior to Tenant
occupancy. Furthermore, City has no obligation to repair any damage to the Lot due to Tenant occupancy
and/or use of the Lot. Other than what has been mutually agreed upon in writing between City and Tenant,
City's sole obligation hereunder being to make the Lot available to Tenant in accordance with and subject to
the covenants, restrictions and limitations set forth herein. Tenant shall, at its expense, use and maintain the
Lot in a neat, clean, careful, safe, and proper manner including but not limited to any snow and/or ice
removal, and comply with all applicable laws, ordinances, orders,rules, and regulations of all governmental
bodies (state, county, federal, and municipal). At no time may there be any maintenance of any trailers or
trucks within the Lot or Property and if a spill of any nature takes place arising from the actions of Tenant,
Tenant must notify the Property Manager immediately and is responsible for all required clean up and repairs
to the extent arising from the spill.
15. 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 reasonable determination of the parties,essential
to the rights of both parties,in which event either party has the right, but not the obligation,to terminate the
Lease on written notice to the other party.
16. Default and Termination.
(a) Tenant' Default. If Tenant shall fail to perform or observe any of its obligations hereunder
then City may terminate this Lease by giving Tenant twenty(20)days prior written notice thereof. If Tenant
fails to cure such default within fifteen (15) days of receipt of City's default notice than this Lease and all
interest of Tenant hereunder shall automatically terminate, but if Tenant does so cure such default within
said 15 days,City's termination notice will be deemed withdrawn.Such rights of City in the case of a default
by Tenant hereunder are not exclusive, but are cumulative of all other rights City 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) City's Default. Should City commit a default under this Lease; Tenant may terminate this
Lease by giving City twenty(20) days prior written notice thereof. If City fails to cure such default within
fifteen (15) days of receipt notice then Tenant may terminate this Lease- Such rights of Tenant in the case
of a default by City hereunder are not exclusive, but are cumulative of all other rights Tenant 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.
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC("Tenant")
(c) 90 Day Termination Option: Either party shall have the right to terminate this Lease by
providing the other party a ninety(90) day written notice of termination. Tenant must vacate the Lot by the
end of the ninety (90) days after the notice was submitted to the other party and return the Lot to an
acceptable condition to City.
17. Notice.Any notice hereunder must be in writing. Notice deposited or sent by nationally
recognized overnight courier service, such as,but not limited to, Federal Express,by certified mail with
return receipt requested, or by express 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:
To City: To Tenant:
City of Fort Worth Lanter Delivery Systems, LLC
Lease Management 13075 Manchester Road Suite 300
Property Management Department St. Louis, MO 63131
900 Monroe,Suite 400 Attn: Real Estate
Fort Worth,TX 76102
With a copy to: With a copy to:
City Attorney Lanter Delivery Systems, LLC
City of Fort Worth 13075 Manchester Road Suite 300
200 Texas Street St. Louis,MO 63131
Fort Worth,TX 76102 Attn: General Counsel
With a copy to:
Jason Long
Hillwood Properties
9800 Hillwood Parkway, Suite 300
Fort Worth, TX 76177
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.
18. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration,
Powers and Duties of the Department oflnternal Audit, of the Code of Ordinances of the City of Fort Worth,
City may at City's sole cost and expense, at reasonable times during Tenant' normal business hours and upon
reasonable notice, audit Tenant' books and records, but only as it pertains to this Lease and as necessary to
evaluate compliance with this Lease.
19. Entire Lease. This Lease constitutes the entire Lease between City and Tenant relating
to the use of the Lot and no prior written or oral covenants or representations relating thereto not set forth
herein shall be binding on either party hereto.
20. Amendment. This Lease may not be amended, modified, extended, or supplemented
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC("Tenant")
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cxcept by written instrument executed by both City and Tenant.
21. Counterparts.This Lease maybe 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 FOLLOWING PAGES)
Lease between the City of Fort Worth and
Lanter Delivery Systems,LLC("Tenant")
-6-
In witness whereof, the parties hereto have caused this Lease to be executed as the day and year first above set forth.
CITY: TENANT:
CITY OF FO`/"9RT WORTH LANTER DELIVERY SYSTEMS, LLC
B UanM olt(re 1,207] 745fST) T1
y. L7 -
Dana Burghdoff
Assistant City Manager Name: Steve Lodewyck
Date: Feb 1,2022 Title: Vice President Real Estate
Date: 02/01/2022
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Nar{�.i Irh I.Itl)t l r.:4'1.51
Name:
Lease Manager,Property Management Department
Title:
Feb 1,2022
Date:
APPROVED AS TO FORM AND LEGALITY:
141
By: � 'Zrcio �
Thomas R. Hansen
Assistant City Attorney
Date:
Feb 1,2022
rronr
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ATTEST: /.o °O'p�d�
�TU� �SreGo o3scsr� 0°°o o=G
By: 0 o 0°
Jannette S. Goodall a� °
d
City Secretary ���EXA`aoap
Date: Feb 2,2022
Form 1295: JO-1 'P3_3570
Contract Authorization:
M&C: ;�o _ Q 0'75/
OFFICIAL RECORD
Lease between the City of Fort Worth and CITY SECRETARY
Swift Transportation Co. of Arizona, LLC
FT. WORTH, TX
-7-
Exhibit "A"
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212/22, 12:14 PM M&C Review
O liciai sk orihc City of Yoit wort.'rexas
City Council Agenda �;TThe City of Fort Worth logo.
Create New From This M&C
DATE: 1/25/2022 REFERENCE **M&C 22- LOG NAME: 21LANTER DELIVERY
NO.: 0074 SYSTEMS
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 7) Authorize the Execution of a Lease Agreement with Lanter Delivery Systems, LLC for
Approximately Four Acres of Space in Parking Lot A at the Alliance Maintenance Facility,
Located at 2000 Eagle Parkway, Fort Worth, Texas, 76177 for Commercial Truck Trailer
Parking
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Lease Agreement with Lanter
Delivery Systems, LLC for approximately four acres of space in parking lot A at the Alliance Maintenance
Facility, located at 2000 Eagle Parkway, Fort Worth, Texas, 76177 for commercial truck trailer parking.
DISCUSSION:
Lanter Delivery Systems, LLC (Lanter) provides customized commercial delivery services across the
nation. Lanter currently has a month to month license for commercial truck trailer parking at the Alliance
Fort Worth Maintenance Facility (AMF). Lanter approached the City of Fort Worth Property Management
Department (PMD) regarding a longer term lease for the use of the parking lot in order to have a longer
notice period in the event Lanter is required to leave the space.
Upon further discussions and negotiations, Lanter and PMD agreed on a lease agreement with the
following terms:
Lease Premises: Approximately four (4) acres of currently vacant space in parking lot A at the AME
Term: Three (3) month term with automatic 3 month renewal terms until lease is terminated,
tentative effective lease start date February 1, 2022.
Base rent: $12,545.29 per month.
Total rental revenues resulting from this Lease Agreement will contribute a total of$37,635.84 for
every ninety (90) day term toward the Alliance Maintenance Facility Fund until lease is terminated. If the
lease continues through the end of Fiscal Year 2022, the total amount of rental revenue will be $100,362.24
based on the tentative lease start date. Any additional rental revenue will be budgeted in future years.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION-
The Director of Finance certifies that upon approval of the above recommendation and execution of the
lease, funds will be deposited into the Alliance Maintenance Facility Fund. The Property Management
Department (and Financial Management Services) are responsible for the collection and deposit of funds
due to the City.
TO
file:fllC:/Users/Mark/Downloads/M&C Review,html 112
212/22, 12:14 PMT� M&C Rev€ew
'undDepartmentAccountProjectProgramActivityBudget Reference # Amount
ID ID Year (Chartfeld 2)
Fund Department Account Project ProgramActivity Budget Reference # Amount
FROM ID ID Year (Chartfeld 2)
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bye Dana Burghdo#f (8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Mark Brown (5197)
Ricardo Salazar (8379)
ATTACHMENTS
FID Table for Lanter M and C.pddf (CFw Internal)
Form 1295 - Certificate of Interested Parties executed)_pdf (CFw Internal)
LANTER M AND C MAP.pdf (Public)
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