HomeMy WebLinkAboutContract 59901CSC No. 59901
MONTH TO MONTH PARKING LOT LEASE AGREEMENT
This Month to Month Parking Lot Lease Agreement ("Agreement") is entered into by and between
the City of Fort Worth, Texas, a home -rule municipal corporation of the State of Texas, acting by and
through is duly authorized Assistant Lessor Manager, Dana Burghdoff ("Lessor"), and J.B. Hunt Transport,
Incorporated, a Georgia corporation ("Lessee").
WHEREAS, Lessor 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 Lessor by Hillwood Properties ("Property Manager"); and
WHEREAS, Lessee has requested, and the Lessor agrees to grant to Lessee, the use a portion of the
parking lot on the Property with the terms and conditions of this Agreement.
WIT NESSETH:
1. Premises. Lessor hereby grants Lessee the exclusive lease to use approximately 2.7 acres of the
parking lot ("Lot") as described in Exhibit "A" located at the Alliance Maintenance Facility for truck and
trailer parking only. Under no circumstances during the Agreement will Lessee 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 vehicles parked on the Lot will not be deemed a violation of this Section. Lessee shall not install signs,
advertising media, and lettering on the Lot without prior written approval of Lessor. Lessee will have
access to the Lot 24 hours a day, 7 days a week. Lessor agrees to provide Lessee with reasonable prior
notice in the event Lessor desires to access the Lot; provided that Lessor may not interfere with Lessee's
use of the Lot in accordance with this Agreement.
2. Condition of Lot. Lessee 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; and (b) Lessee waives any and all
defects in and to the Lot, its appurtenances, and in all the appurtenances thereto. Further, Lessee takes the
Lot 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' agents, employees, invitees, 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. Da
DB AuGast � 2023 DK
3. Lease Term: The primary term of this Agreement shall commence on 3u1, 1, 2023 and continue
on a month to month basis until terminated by either party by providing thirty (30) day written notice to the
other party.
4. Lease Fee; Time of essence.
(a) Lessee will pay Lessor a Lease fee of $10,350.00 per month to use the Lot during the Lease
Terms beginning on the Effective Date. If the first or last month of the term results in less than
an entire month of usage, the Lease Fee shall be prorated for the actual number of days Lessee
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
has possession of the Lot.
(b) Fee is due to Lessor on or before the Pt of each month via direct deposit into the Alliance
Maintenance Fund bank account, the information for which shall be provided by Lessor to
Lessee promptly after the Effective Date hereof. Checks will not be accepted.
(c) If the payment of fees is not received by Lessor as provided herein, then after five (5) days after
receipt of written notice from Lessor, all amounts due and payable to Lessor hereunder shall
bear interest from the date the payment of 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 Agreement.
5. No Services. Lessor shall not furnish Lessee with any utilities, cleaning, lighting, security, or
any other items or services for the Lot. All operating costs of Lot shall be Lessee' sole cost and expense.
If Lessee wants or needs any utilities, cleaning, lighting, security, or any other items or services while
occupying the Lot, then 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' sole cost.
6. Alterations, Additions, Improvements, and Signage. Lessee shall make no alterations on or
additions to, the Lot without the prior written consent of Lessor. Any alterations made to the Lot by the
Lessee shall be at Lessee's sole cost and expense and shall not interfere with the operations of other Lessees
and/or other operations at the Alliance Maintenance Facility. If interference occurs Lessee will make
changes and/or remove the alteration to remedy said interference within 5 days of notice from Lessor. 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 Lessor 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 Agreement. Lessee may at its sole option and expense remove any
Lessee alterations at any time during the Lease Term with Lessor approval. At the termination of this
Agreement, whether by lapse of time or otherwise, Lessee shall (i) deliver the Lot to Lessor in as good a
condition as the same was as of the date of the taking of possession thereof by Lessee, subject only to
ordinary wear and tear and damage caused by casualty or condemnation and (ii) upon Lessor_request,
remove any alterations and make any repairs to the Lot as needed in order to comply with the provisions of
Section 13 below. Notwithstanding the foregoing, in no event shall Lessee be required to completely
replace, or repave the lot surface.
7. Indemnity. (a) LESSEE SHALL AND DOES AGREE TO INDEMNIFY, PROTECT,
DEFEND AND HOLD HARMLESS LESSOR, LESSOR'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 CLAIMED BY THIRD PARTIES BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED
BY (1) THE USE OR OCCUPANCY OF THE LOT BY LESSEE, ITS EMPLOYEES, AGENTS AND
LESSEES OR (2) REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY
CAUSED BY ANY ACT OR OMISSION ON THE PART OF LESSEE OR ANY LESSEE, EMPLOYEE,
DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF LESSEE OR (3) BY ANY BREACH,
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
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VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LESSEE UNDER THIS
AGREEMENT (COLLECTIVELY, "LIABILITIES"), EXCEPT 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, LESSEE, ON NOTICE FROM
LESSOR, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT LESSEE' EXPENSE, BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO LESSOR. THE PROVISIONS OF
THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF LESSEE WITH RESPECT TO THE
USE AND OCCUPANCY OF THE LOT, WHETHER OCCURRING BEFORE OR AFTER THE
COMMENCEMENT DATE OF THE LEASE TERM AND BEFORE OR AFTER THE TERMINATION
OF THIS AGREEMENT SO LONG AS THE CAUSE FOR SUCH CLAIM AROSE DURING THE
TERM OF THIS AGREEMENT. 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.
(C) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH THIS LEASE EVEN IF NOTICE WAS GIVEN OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY
FORESEEABLE.
8. Waiver of Liability. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN
VEHICLES USING THE LOT, WHETHER PURSUANT TO THIS AGREEMENT 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,
PATRONS, INVITEE, OR TO OTHERS, REGARDLESS OF WHETHER 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, UNLESS DUE IN
WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE.
9. Insurance. Lessee 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 list the Lessor of Fort Worth as an
additional insured as its interest may appear only to the extent of Lessee's obligations under the terms of
this Lease, and specifically excluding any coverage for any Loss or injury arising out of or related to
additional insured's negligent or willful acts or omissions, and covering all public risks related to the leasing,
use, occupancy, maintenance, existence or location of the Lot. Lessee shall obtain the following insurance
coverage at the limits specified herein:
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
- 3 -
* Commercial General Liability: $1,000,000.00 per occurrence (Including Products and
Completed Operations);
In addition, Lessee shall be responsible for all insurance to any personal property of Lessee or in
Lessee's care, custody or control. Lessee is allowed to self -insure without the prior written consent of Lessor.
Any self -insured retention or other financial responsibility for claims shall be covered directly by Lessee in lieu
of insurance.
10. Abandoned Property. Lessee' personal property not promptly removed by Lessee from the
Lot at the termination of this Agreement, 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 Lot become the property of Lessor, if not removed as required herein.
11. Assignment and Subletting. Lessee shall not assign this Agreement, or any right of Lessee
under this Agreement, or sublet the Lot, for consideration or no consideration, whether voluntarily, by
operation of law, or otherwise, and any attempt to do so shall be void, and any such attempt shall cause
immediate termination of this Agreement; all provided that Lessee's contractors and agents may use the
Lot in accordance with the terms and provisions hereof.
12. Damage to Lot or Property of Lessor. If, at any time during the Lease Term, by the acts of
omissions of the Lessee, its employees, agents, or visitors of the Lessee to the Lot, or any property therein
is damaged or destroyed, Lessee shall be obligated to pay, on demand, all costs to repair same together.
13. Repairs and Maintenance. Lessor has no obligation to make repairs of any sort to the Lot,
Lessor's sole obligation hereunder being to make the Lot 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 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 Lessee,
Lessee must notify the Property Manager immediately and is responsible for all required clean up and
repairs to the extent arising from the spill.
14. Severability. If any clause or provision of this Agreement 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
Agreement 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 Agreement on written notice to Lessee.
15. Default and Termination.
(a) Lessee' Default. If Lessee shall fail to perform or observe any of its obligations hereunder
then Lessor may terminate this Agreement by giving Lessee fifteen (15) days prior written notice thereof.
If Lessee fails to cure such default within fifteen (15) days of receipt of Lessor's default notice than this
Agreement and all interest of Lessee hereunder shall automatically terminate, but if Lessee does so cure
such default within said 15 days, Lessor's termination notice will be deemed withdrawn. Such rights of
Lessor in the case of a default by Lessee hereunder are not exclusive, but are cumulative of all other rights
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
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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. If Lessor shall fail to perform or observe any of its obligations hereunder
then Lessee may terminate this Agreement by giving Lessor fifteen (15) days prior written notice thereof.
If Lessor fails to cure such default within fifteen (15) days of receipt of Lessee's default notice than this
Agreement and all interest of Lessor hereunder shall automatically terminate, but if Lessor does so cure
such default within said 15 days, Lessee's termination notice will be deemed withdrawn. Such rights of
Lessee in the case of a default by Lessor hereunder are not exclusive, but are cumulative of all other rights
Lessee 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.
16. 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 Lessor:
Lessor of Fort Worth
Lease Management
Property Management Department
900 Monroe, Suite 400
Fort Worth, TX 76102
With a copy to:
Lessor Attorney
Lessor of Fort Worth
200 Texas Street
Fort Worth, TX 76102
With a copy to:
Alliance Maintenance Base
Property Manager
Hillwood Properties
9800 Hillwood Parkway, Suite 300
Fort Worth, TX 76177
To Lessee:
J. B. Hunt Transport, Incorporated
705-A North Bloomington Street
Lowell, AR 72745
Attn: Director Maintenance / Real Estate Dept.
With a copy to:
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.
17. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration,
Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the Lessor of Fort Worth,
Lessor may at Lessor's sole cost and expense, at reasonable times during Lessee' normal business hours and
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
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upon reasonable notice, audit Lessee' books and records, but only as it pertains to this Agreement and as
necessary to evaluate compliance with this Agreement, and subject to Lessee's reasonable discretion to reject
requests for confidential information.
18. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and
Lessee 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.
19. Amendment. This Agreement may not be amended, modified, extended, or
supplemented except by written instrument executed by both Lessor and Lessee.
20. Counterparts. This Agreement 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 FOLLOWING PAGES)
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
-6-
In witness whereof, the parties hereto have caused this Lease to be executed as Aug. 1 , 2023 ("Effective Date")
LESSOR: LESSEE:
CITY OF FORT WORTH J. B. HUNT TRANSPORT, INCORPORATED
Dana
Yurghdoff
By: Dana Burghdoff (Aug 2 02321:02 CDT)
Date:
Dana Burghdoff
Assistant City Manager
Aug 2, 2023
By: Derek Kennemer (Jul 31, 2023 17:40 CDT)
Name: Derek Kennemer
Title: VP Properties & Maintenance
Date: 7/31/2023
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.
, n Merle B(Aug 2.2�28s."
Name:
Title:
Date:
Lease Manager, Property Management Department
Aug 2, 2023
APPROVED AS TO FORM AND LEGALITY:
By:
Jeremy Anato-Mensah
Assistant City Attorney
Date:
ATTEST:
By:
Date:
sco-ch,.e
Jannette S. Goodall
City Secretary
Aug 8, 2023
Form 1295: Not required
Contract Authorization:
M&C: Not required
Lease Agreement between the City of Fort Worth and
J.B. Hunt Transport, Incorporated
-7-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit "A"
Spaces highlighted in red
Lot
Outlined in red
Alliance TX - JBI Parking (Airport) V3-JB HUNT
TRANSPORT LEASE AGREEMENT 6.16.23
(002)-1
Final Audit Report
2023-07-31
Created: 2023-07-31
By: Michael Oglesbee (michael.oglesbee@jbhunt.com)
Status: Signed
Transaction ID: CBJCHBCAABAATjaxmZ56eAZxkQf6JtV7FYA4ZIJrhDuS
"Alliance TX - JBI Parking (Airport) V3-JB HUNT TRANSPORT L
EASE AGREEMENT 6.16.23 (002)-1" History
to Document created by Michael Oglesbee (michael.oglesbee@jbhunt.com)
2023-07-31 - 9:10:44 PM GMT- IP address: 192.252.75.7
Q Document emailed to Derek Kennemer (derek.kennemer@jbhunt.com) for signature
2023-07-31 - 9:13:46 PM GMT
n Email viewed by Derek Kennemer (derek.kennemer@jbhunt.com)
2023-07-31 - 10:40:00 PM GMT- IP address: 192.252.75.3
6p Document e-signed by Derek Kennemer (derek.kennemer@jbhunt.com)
Signature Date: 2023-07-31 - 10:40:18 PM GMT - Time Source: server- IP address: 192.252.75.3
O Agreement completed.
2023-07-31 - 10:40:18 PM GMT
'J.B. HUNT
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/A
Signature: Derek Ken nememer (Aug 1, 202317:03 CDT)
Email: derek.kennemer@jbhunt.com
Alliance TX - JBI Parking - 1 more signature. JB
HUNT LEASE AGREEMENT FINAL 8.1.23
Final Audit Report
2023-08-01
Created: 2023-08-01
By: Michael Oglesbee (michael.oglesbee@jbhunt.com)
Status: Signed
Transaction ID: CBJCHBCAABAAAxgjZGmRstu49J2wdHmzcjSgLRIX71ah
"Alliance TX - JBI Parking - 1 more signature. JB HUNT LEASE
AGREEMENT FINAL 8.1.23" History
O Document created by Michael Oglesbee (michael.oglesbee@jbhunt.com)
2023-08-01 - 9:01:50 PM GMT- IP address: 192.252.75.4
,❑ Document emailed to Derek Kennemer (derek.kennemer@jbhunt.com) for signature
2023-08-01 - 9:02:59 PM GMT
❑ Email viewed by Derek Kennemer (derek.kennemer@jbhunt.com)
2023-08-01 - 10:03:22 PM GMT- IP address: 192.252.75.5
='a Document e-signed by Derek Kennemer (derek.kennemer@jbhunt.com)
Signature Date: 2023-08-01 - 10:03:55 PM GMT - Time Source: server- IP address: 192.252.75.5
• Agreement completed.
2023-08-01 - 10:03:55 PM GMT
Je. HUNT,
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