HomeMy WebLinkAboutContract 27759 CITY SECRETARY
CONTRACT NO.
Contract AUthorization 06-10-02 A09 : 03 IN
KELLY
GEREN Date
& SEARCY
Comprehensive Real Estate Services
LEASE EXTENSION
EXTENSION AGREEMENT to be attached to and form a part of lease (which together
with any amendments, modifications and extensions thereof is hereinafter called the
Lease) made the 18th day of JANUARY, 1995
between TRACY L. FOBS, ROBERT W. DOWLING, EMILY HARDESTY as Landlord,
and CITY OF FORT WORTH as Tenant,
covering the premises known as 2509 MERRICK STREET, FORT WORTH, TEXAS.
WITNESSETH that the Lease is hereby renewed and extended for a further term of 12
MONTHS to commence on the 1st day of JUNE, 2002, and to end on the 31st day
of MAY, 2003, on condition that Landlord and Tenant comply with all the provisions of
the covenants and agreements contained in the Lease, except
1. RENT WILL INCREASE TO $3,400.00 PER MONTH. ALL OTHER TER
0 CCJA� VD�E(
'C Oj VD D
FR M
CONDITIONS SHALL REMAIN THE SAME. CNN N111CRIERRY
IN WITNESS WHEREOF, the parties hereto have signed and sealed this extASIM51. s 6C,
--I—
agreement this day of J 6g-ne AM)—
KELLY, GEREN & SEARCY LANDLOR •, TRACY L. KOBE, ROBERT W.
DOWLI EMILY HARDE_S-TY
By: By:
Gary E. Vasseur
By:
-D YMALI By:
APPRa TO r:; A �L 7D, YDGALITY.
."Ls -"st'ant Attorney TENANT: AY OFF T WORTH
AIT BY Ely:
TT
108 West Eaitr, Site 2o B
Worth,TX 76102 ■ (817)335-7575 - Fax (817) 878-5748/870-1911 a Metro (817) 429-3349/429-7847
www.kellygeren.com
City of Fort Worth, Texas
Mayor and Council
Communication .
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **L-13300 � 35MERRICK � 1 of 1
SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 2509 MERRICK STREET FROM
TRACY L. KOBS, ROBERT W. DOWLING AND EMILY HARDESTY FOR A
NEIGHBORHOOD POLICING DISTRICT HEADQUARTERS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease extension with Tracy L. Kobs, Robert W. Dowling,
and Emily Hardesty for office space located at 2509 Merrick Street at a cost of $40,800 per year;
and
2. Approve the lease extension term of one year beginning June 1, 2002, and expiring May 31, 2003.
DISCUSSION:
i
The Engineering Department, Real Property Services Division, at the request of the Police Department,
has negotiated a lease extension agreement with Tracy L. Kobs, Robert W. Dowling, and Emily
Hardesty for office space to be used as a neighborhood policing district headquarters. .
The lease extension term is for one year. The new rental charge is $3,400 per month for the space (the
City has leased this space since April 1, 1995, at a cost of $3,300 per month). The City is responsible
for the payment of all utility costs.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
Of the Crime Control and Prevention District Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 05/14/02
GR79 539120 0354903 $40,800.00
Additional Information Contact:
City of'.Fort Worth, Texas
Mayor and i
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **L-13300 35MERRICK 2 of 1
SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 2509 MERRICK STREET FROM
TRACY L. KOBS, ROBERT W. DOWLING AND EMILY HARDESTY FOR A
NEIGHBORHOOD POLICING DISTRICT HEADQUARTERS
Ralph Mendoza 48386
Greater Fort Worth Association of REALTORS, Inc..
Commercial-Industrial Lease Agreement
rn'5 Jufl 6s i
ARTICLE ONE:BASIC TERMS CITY SECRETARY
1.01 DATE OF LEASE: January 18 19 95 CONTRACT NO
1.02 LANDLORD: TRACY L. KOBS, ROBERT W. DOWLING, EMILY DOWLING
1.03 TENANT: CITY OF FORT WORTH
1.04 PROPERTY: roximatel 3,250
APP Y square feet of space situated at
2509 Merrick Street
Fort Worth (street address)
(Tarrant y, a s)
Legal Description: Lots 21 22 23 and 24, Block 92,
Chamberlain Arlin ton Heights, First Filing
1.05 LEASE TERM: 12 months,commencing on the 1St day of `fit 19 95
31st MAR£)f. I'N ,19 1996
and ending on the day of 1
1.06 RENT: THREE THOUSAND Dollars($2,000 )
per month beginning on the Commencement Date through 31 g 96
Al Dollars($ )
per month beginning 19 throug 1 g
Dollars($ )
per month beginning 19 through .19
Dollars($ )
per month beginning 19 through ,19
Dollars($ 1
per month beginning 19 through 19
1.07 SECURITY DEPOSIT(See Section 3.03): THREE THOUSAND Dollars
(If none,so state)
1.08 LAST MONTHS RENT PAYABLE IN ADVANCE: None Dollars
($ ).(If none,so state)
.1.09 PERMITTED USE(See Section 4.01): Office and meetings
1.10 BASE YEAR FOR TAXES.(See Section 12.02): 1995
1.11 RENT TO BE PAID TO: FERREE .LSEARCY, INC.
Address: F. 0. Box 1622, Fort Worth, TX 76101
1.12 DAILY LATE CHARGE(See Section 3.02): FIVE Dollars
($ 5 )per day.(If none,so state)
1.13 PRINCIPAL REALTOR: FERREE Ft SEARCY, INC.
1.14 COOPERATING REALTOR-(If none,so state): None
1.15 REALTORS COMMISSIONS(See Section 10.01 and 10.02):
A.Lease Commission due to the Principal Realtor shall be equal to six percent( 6 %)calculated in accord-
ance with Section 10.01. Said lease commission shall be payable to the Principal Realtor in Tarrant County,Texas:
(i)In installments equal to the percentage stated in this Section 1.15A of each rental payment to become due to
Landlord and each such installment shall be paid at the time each such rental payment is due;or
(Strike subparagraph(1)and complete subparagraph(ii)]
B.Sales commission(See Section 10.02): six percent( 6 %). C" SECRETARY
C. it there is a Cooperating Realtor named in Section 1.14,Principal Realtor agrees to pay CooperatinIb ..•
NSA percent(-%)of the lease commission and sales commission received by Principal Realtor
hereunder. Such fee shall be payable to Cooperating Reahor in Tarrant County,Texas,within five(5)business days
(Monday through Friday)after Principal Realtor receives each payment of lease commission or sales commission.
(1) 1/94
CITY SECRETARY t ,
CONTRACT NO.
Contract Authorization OG-10-02 'A'09 : 03 IN
KELLYd
GEREIII Late
& SEARCY
Comprehensive Real Estate Services
LEASE EXTENSION
EXTENSION AGREEMENT to be attached to and form a part of lease (which together
with any amendments, modifications and extensions thereof is hereinafter called the
Lease) made the 18th day'of J °NUAY. 1995
between TRACY L. KOBS, ROBERT W. DOWLING, EMILY HARDESTY , as Landlord,
and CITY OF FORT WORTH , as Tenant,
covering the premises known as 2509 MERRICK STREET, FORT WORTH, TEXAS.
WITNESSETH that the Lease is hereby renewed and extended for a further term of 12
MONTHS to commence on the 1St day of JUNE, 2002, and to end on the 31St day
of MAY, 2003, on condition that Landlord and Tenant comply with all the provisions of
the covenants and agreements contained in the Lease, except
1. RENT WILL INCREASE TO $3,400.00 PER MONTH. ALL OTHER TER 8----•--°
uf�(�DCDad V? C RD
CONDITIONS SHALL REMAIN THE SAME. CD�r S� ';G'ETAa VDT
IN WITNESS WHEREOF, the parties hereto have signed and sealed this LA s Cant'= G^1�
agreement this day of J6gnyZ' 11:20011—
KELLY, GEREN & SEARCY LAND LORD• TRACY L. KOBS, ROBERT W.
DOWLI , EMILY HARDE TY
By: By:
Gary E. Vasseur
By:
APF_i0'V TO % .:t4 A1,7 10GALITY. By:
.A8 'st,ant ity Attorney TENANT: Y OFF T WORTH
Ti 'y By:
108 West Ei tr S ite o Worth,TX 76102 ■ (817)335-7575 ■ Fax(817) 878-5748/870-1911 ■ Metro(817) 429-3349/429-7847
www.kellygeren.com
City of Fort North, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **L-13300 35MERRICK 1 of 1
SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 2509 MERRICK STREET FROM
TRACY L. KOBS, ROBERT W. DOWLING AND EMILY HARDESTY FOR A
NEIGHBORHOOD POLICING DISTRICT HEADQUARTERS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease extension with Tracy L. Kobs, Robert W. Dowling,
and Emily Hardesty for office space located at 2509 Merrick Street at a cost of $40,800 per year;
and
2. Approve the lease extension term of one year beginning June 1, 2002, and expiring May 31, 2003.
DISCUSSION:
-1
The Engineering Department, Real Property Services Division, at the request of the Police Department,
has negotiated a lease extension agreement with Tracy L. Kobs, Robert W. Dowling, and Emily
Hardesty for office space to be used as a neighborhood policing district headquarters. .
The lease extension term is for one year. The new rental charge is $3,400 per month for the space (the
City has leased this space since April 1, 1995, at a cost of $3,300 per month). The City is responsible
for the payment of all utility costs.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Crime Control and Prevention District Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 05/14/02
GR79 539120 0354903 $40,800.00
Additional Information Contact:
City of'..iFort Worth, Texas
Mayor and u i
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **L-13300 35MERRICK 2 of 1
SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 2509 MERRICK STREET FROM
TRACY L. KOBS, ROBERT W. DOWLING AND EMILY HARDESTY FOR A
NEIGHBORHOOD POLICING DISTRICT HEADQUARTERS
Ralph Mendoza 48386
Greater Fort Worth Association of REALTORS, Inc..
Commercial-Industrial Lease Agreement
95 AN 125,
ARTICLE ONE:BASIC TERMS
CITY SECRETARY
1.01 DATE OF LEASE: January 18 19 95 CONTRACT NO
1.02 LANDLORD: TRACY L. KOBS, ROBERT W. DOWLING, EMILY DOWLING
1.03 TENANT: CITY OF FORT WORTH
1.04 PROPERTY: roximatel 3,250
APP Y square feet of space situated at
2509 Merrick Street
(City) address)
Fort Worth (Tarrant
Legal Description: ) Lots 21 22 23 and 24, Block 92,
Chamberlain Arlington Heights, First Filing
1.05 LEASE TERM: 12 months,commencing on the 1st day of APRit 19 95
31st MAftC*•: M u 1996
and ending on the day of 1 ,19
1.06 RENT: THREE THOUSAND Dollars($ 3,000 1
per month beginning on the Commencement Date through 31 g 96
Al Dollars($ 1
per month beginning 19 throug tg
Dollars($ )
per month beginning 19 through 19
Dollars($ 1
per month beginning 19 through ,19
Dollars($
per month beginning 19 through 19
1.07 SECURITY DEPOSIT(See Section 3.03): THREE THOUSAND Dollars
($ 3,000 ).(If none,so state)
1.08 LAST MONTH'S RENT PAYABLE IN ADVANCE: None Dollars
($ 1,(If none,so state)
.1.09 PERMITTED USE(See Section 4.01): Office and meetings
1.10 BASE YEAR FOR TAXES.(See Section 12.02): 1995
1.11 RENT TO BE PAID TO: FERREE A SEARCY, INC.
Address:__ P. 0. Box 1622, Fort Worth, TX 76101
1.12 DAILY LATE CHARGE(See Section 3.02): FIVE Dollars
($ 5 )per day.(If none,so state)
1.13 PRINCIPAL REALTOR: FERREE Ft SEARCY, INC.
1.14 COOPERATING REALTOR-(If none,so state): Norte
1.15 REALTORS COMMISSIONS(See Section 10.01 and 10.02):
A.Lease Commission due to the Principal Realtor shall be equal to six percent( 6 %)calculated in accord-
ance with Section 10.01. Said lease commission shall be payable to the Principal Realtor in Tarrant County,Texas:
(i)In installments equal to the percentage stated in this Section 1.15A of each rental payment to become due to
Landlord and each such installment shall be paid at the time each such rental payment is due;or
(Strike subparagraph(i)and complete subparagraph(ii)] ' p ® t
B.Sales commission See Section 10.02: � SECRETARY
(See six percent( 6 0 qq
C. If there is a Cooperating Realtor named in Section 1.14,Principal Realtor agrees to pay Cooperatin .I tymma
N/A percent(-%)of the lease commission and sales commission received by Principal Realtor
hereunder. Such fee shall be payable to Cooperating Realtor in Tarrant County,Texas,within five(5)business days
(Monday through Friday)after Principal Realtor receives each payment of lease commission or sales commission.
(1)
1/94
ARTICLE TWO:LEASE AND LEASE TERM
2.01 LEASE OF PROPERTY. Landlord hereby leases the Property to Tenant and Tenant hereby leases the Property from Landlord
for the Lease Term stated in Section 1.05. As used herein,the'Commencement Date'shall be the date specified in Section 1.05 for the
beginning•of the Lease Term.
2.02 EARLY OCCUPANCY.If Tenant occupies the Property prior to the Commencement Date,Tenant's occupancy of the Property
shall be subject to all the provisions of this Lease. Early occupancy of the Properly shall not advance the expiration date of this Lease.
2.03 HOLDING OVER.Tenant shall vacate the Property upon the expiration or earlier termination of this Lease. Tenant shall reim-
burse Landlord for and indemnify Landlord against all damages incurred by Landlord from any delay by Tenant in vacating the Property. If
Tenant does not vacate the Property upon the expiration or earlier termination of this Lease,Tenant's occupancy of the Property shall be a
'month-to-month'tenancy,subject to all the terms and provisions applicable to a month-to-month tenancy,except that the rent then in
effect shall be increased by fifty percent(50%).
ARTICLE THREE:RENT AND SECURITY DEPOSIT
3.01 RENT.Tenant agrees to pay rent for the Property at the rate specli led In Section 1.06.Tenant shall pay the rent for the first and
last(if applicable under Section 1.08)months of the Lease Term upon the execution of this Lease. One monthly rental installment shall be
due and payable on or before the same day of the second calendar month of the Lease Term as the Commencement Date,and a like
monthly installment shall be due and payable on or before the same day of each succeeding calendar month during the Lease Term. All
rent shall be paid to the party designated in Section 1.11 at the address stated herein for such party.
3.02 LATE CHARGE.If any rent due hereunder is not received within five(5)days after its due date,Tenant shall pay the party named
in Section 1.11 above a late charge equal to the sum stated in Section 1.12 above for each day from its due date until such delinquent sum
is received. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of
such late payment.
3.03 SECURITY DEPOSIT.Upon execution hereof,Tenant shall deposit with the party named in Section 1.11 above a cash Security
Deposit in the sum stated in Section 1.07. Landlord may apply all or part of the Security Deposit to any unpaid rent or other charges due
from Tenant or to cure any other defaults of Tenant. No interest shall be paid on the Security Deposit. Landlord shall not be required to.
keep the Security Deposit separate from its other accounts and no trust relationship is created in respect to the Security Deposit. Upon
any termination of the Lease not resulting from Tenant's default;and after Tenant has vacated the Property in the manner required by this
Lease,Landlord shall refund the unused portion of the Security Deposit to Tenant.
ARTICLE FOUR:USE OF PROPERTY
4.01 PERMITTED USE.Tenant may use the Property only for Permitted Use stated in Section 1.09.
4.02 COMPLIANCE WITH LAW.Tenant shall comply with all governmental laws,ordinances and regulations applicable to the use of
the Property,and shall promptly comply with all governmental orders and directives for the correction,prevention and abatement of
nuisances on or upon,or connected with the Property,all at Tenant's sole expense. Tenant agrees to not store or permit hazardous or
toxic substances to be placed on the premises without prior written permission from the Landlord.Hazardous or-toxic substances as
referred to in this paragraph shall be defined by U.S.Environmental Protection Agency regulations and/or Texas Natural Resources
Conservation Commission regulations. Tenant further agrees to not place underground or above ground storage tanks on the leased
premises without prior written consent of Landlord.
4.D3 SIGNS.Without the prior written consent of Landlord,Tenant shall not place or affix any signs or other objects upon or to the
Property,including but not limited to the root or exterior walls of the building or other improvements thereon,or paint or otherwise deface
said exterior walls. Any signs installed by Tenant shall conform with applicable laws and deed and other restrictions. Tenant shall remove
all signs at the termination of this Lease and shall repair any damage and close any holes caused or revealed by such removal.
4.04 UTILITIES.Tenant shall pay the cost of all utility services,including but not limited to initial connection charges,all charges for
gas,water and electricity used on the Property,and for all electric lights,lamps and tubes.
4.05 LANDLORD'S ACCESS.Landlord and its authorized agents shall have the right,during normal business hours,to enter the
Property and any buildings and other improvements thereon to view,inspect,repair or show the Property. Landlord shall attempt to advise
tenant of the intent of Landlord or its authorized agents to enter the property.
4.06 INTERRUPTION OF SERVICE.Interruption or curtailment of services furnished to the Property,it caused by strikes,mechanical
difficulties,or any cause beyond Landlord's control,whether similar or dissimilar to those enumerated,shall not entitle Tenant to any claim
against Landlord or to any abatement in rent,nor shall the same constitute constructive or partial eviction,unless Landlord Tails to take
such measures as may be reasonable in the circumstances to restore the service without undue delay. If the premises are rendered
untenantable in whole or in part for fifteen(15)business days because of such interruption or curtailment of services(other than caused by
any act or omission of Tenant or its invitees,employees or customers,there shall be a proportionate abatement of rent during the period of
such untenantability.
4.07 EXEMPTIONS FROM LIABILITY.Landlord shall not be liable for any damage or injury to the person,business(or any loss of
income therefrom),goods,wares,merchandise or other•property of Tenant,Tenant's employees,invitees,customers or any other person
in or about the Property,whether such damage or injury is caused by or results from:(a)fire,steam,electricity,wafer,gas,or rain;(b)the
breakage,leakage,obstruction or other defects of pipes,sprinkiers,-wires,appliances,plumbing,air conditioning or lighting fixtures or any
other cause;(c)conditions arising on or about the Property or upon other portions of any building of which the Property is a part,or from
other sources or places;or(d)any act or omission of any other tenant of any building of which the Properly is a part. Landlord shall not be
liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are riot accessible to
Tenant. The provisions of this Section 4,07 shall not,however,exempt Landlord from liability for Landlord's gross negligence or wilmui
misconduct.
ARTICLE FIVE:MAINTENANCE,REPAIRS AND ALTERATIONS
5.01 ACCEPTANCE OF PREMISES.Tenant acknowledges that Tenant has Iulty inspected the Properly. Tenant hereby accepts the
property and the buildings and improvements situated thereon,as suitable for the purpose for which the same are leased,in their present
condition(including all latent or environmental defects or risks),with such changes therein as may be caused by reasonable deterioration
between the date hereof and the Commencement Date;provided that Tenant shall not be responsible for remedying any such latent or
environmental defects or risks unless it becomes necessary to remedy such defects or risks because of alterations,additions or improve-
ments to the Property made by Tenant,and that Landlord agrees to(a)repair promptly any presently installed plumbing,plumbing fixtures,
electrical wiring,lighting fixtures,air conditioning or heating equipment or doors that are not in good working condition on the Commence-
ment Date of which Tenant delivers written notice to Landlord within thirty days after the Commencement Date;and(b)make any addi•
tional repairs and alterations necessary for Tenant to obtain a Certificate of Occupancy from the municipality in which the Property is
located,except for those repairs and alterations required solely because of the nature of Tenant's business. Landlord expressly disclaims
(2) 1/94
and Tenant waives any and all warranties(including the warranty of suitability),representations and obligations of Landlord or Landlord's
agents that are not expressly stated herein. Landlord and Tenant acknowledge that Principal Realtor and cooperating Realtor have no
expertise in the detection or correction of environmentally hazardous or undesirable hems, Expert inspections are necessary. Current or
future laws may require clean up by past,current and/or future owners and/or tenants of the Property. It is the responsibility of Landlord
and Tenant to retain qualified experts to detect and correct such matters. Landlord and Tenant acknowledge that neither Principal Realtor,
nor Cooperating Realtor,have made an independent investigation or determination with respect to the existence of hazardous substances
or environmental conditions in,on or about the Property. Any such investigation or determination shall be the responsibility of Landlord
and/or Tenant.The Principal Reactor or cooperating Realtor shall not be responsible for such an investigation. Landlord and Tenant shall,'
jointly and severally,defend,indemnify and hold harmless Principal Realtor and Cooperating Realtor from and against all claims,costs,
expenses,actions,losses,damages and liabilities of any kind whatsoever(including reasonable attorney's fees)directly or indirectly arising
out of the existence of hazardous substances and/or environmental conditions in,on or about the Property. This indemnification shall .
survive the termination of this Lease.
5.02 MAINTENANCE AND REPAIRS BY LANDLORD.Landlord shall at his expense maintain only the roof,foundation,underground
pipes,ail outside plumbing and the structural soundness of the exterior walls(excluding all windows,window glass,plate glass,and all
doors)of the improvements on the Property in good repair and condition,except for reasonable wear and tear and any damage caused by
g the act or omission of Tenant,or Tenant's invitees,employees or customers. Tenant shall give immediate written notice to Landlord of the
need for repairs or corrections and Landlord shall proceed promptly to make such repairs.
5.03 MAINTENANCE AND REPAIRS BY TENANT. Tenant shall at his expense and risk maintain all other parts of the improvements
on the Property in good repair and condition,including but not'limited to repairs(including necessary replacement)to the interior plumbing,
windows,window glass,plate glass,doors,heating system,air conditioning equipment,fire protection sprinkler system,elevators,and the'
interior of the said improvements in general;and including the reasonable care of landscaping and regular mowing of the grass,and
maintenance of the paving outside of the improvements and any railroad siding..In the event Tenant should neglect reasonably to maintain
the'demised premises,Landlord shall have the right(but not the obligation)to cause repairs or corrections to be made and any reasonable
costs therefor shall be payable by Tenant to Landlord as additional rental on the next rental payment due date. Upon termination of this
Lease,Tenant shall deliver up the Properly in good repair and condition,reasonable wear and tear,and damage by fire,wind storm or
other casualty excepted. Tenant shall repair any damage caused by Tenant's act or omission,or the act or omission of Tenant's invitees,
employees or customers.
5.04 ALTERATIONS.Tenant shall not create any openings in the roof or exterior wall,or make any alterations,additions or improve-
ments to the Property without the prior written consent of Landlord. Consent to nonstructural alterations,additions or improvements shall
not be unreasonably withheld by Landlord. Tenant shall have the right to erect or install shelves,bins,machinery,and trade fixtures,
provided that Tenant complies with all applicable governmental laws,ordinances and regulations. At the expiration or termination of this
Lease,Tenant shall,subject to the restrictions of Section 5.05 below,have the right to remove such hems so installed by h,provided
Tenant is not in default at the time of such removal and provided further that Tenant shall,at the time of removal of such items,repair in a
good and workmanlike manner any damage caused by installation or removal thereof and restore the premises to the condition that
existed prior to the installation of such hems,reasonable wear and tear excepted. Tenant shall pay for all costs incurred or arising out of
alterations,additions or improvements in or to the Property and shall not permit a mechanic's or materialman's lien to be asserted against
the Property.
5.05 CONDITION UPON TERMINATION.Upon termination of this Lease,Tenant shall surrender the Property to Landlord,broom
clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under
any provision of this Lease. However,Tenant shall not be obligated to repair any damage which Landlord is required to repair under Article
Five. In addition,Landlord may require Tenant to remove any alterations,additions or improvements made during the term of this lease,
whether or not made with Landlord's consent. In no event,however,shall tenant remove any of the following materials or equipment
without Landlord's prior written consent:any power wiring or power panels;lighting or lighting fixtures;wall coverings;drapes,.blinds or
other window coverings;carpets or other floor coverings;heaters;air conditioners or any other heating or air conditioning equipment;
fencing or security gates;or'other similar building operation equipment and decorations.
ARTICLE SIX: INSURANCE AND INDEMNITY
6.01 PROPERTY INSURANCE.Tenant shall not keep anything upon the Property,or do anything in or about Property except the
usage specified herein,which will increase the rates for fire and standard extended coverage insurance upon the building or buildings
which are part of the Property. Tenant agrees to pay on demand any increase in insurance premiums that may be charged to Landlord
during the term of this Lease resulting from a deviation from the usage specified herein or from any other cause within Tenant's control.
Tenant shall be responsible for maintaining insurance on Tenant's equipment and other personal property located on the Property.
6.02 LIABILITY INSURANCE.During the Lease Term,Tenant shall maintain a policy of comprehensive public liability insurance,at
Tenant's expense,insuring Landlord against liability arising out of the ownership,use occupancy or maintenance of the Property. The
inhial amount of such insurance shall be at least$1,000,000. Such policy shall contain a provision which prohibits cancellation or modifica-
tion of the policy except upon thirty(30)days prior written notice to Landlord. Tenant shall deliver a copy of such policy or certificate(or a
renewal thereof)to Landlord prior to the Commencement Date and prior to the expiration of any such policy during the Lease Term. If
Tenant-fails to maintain such policy,Landlord may elect to maintain such insurance at Tenant's expense.
6.03 INDEMNITY.Tenant hereby agrees to indemnify and hold Landlord harmless from any loss,expense or claims arising out of any
injury to persons or damage to property on or about the Property or any adjacent area owned by Landlord caused by the negligence or
misconduct of Tenant,hs employees,subtenants,licensees or concessionaires or any other person entering the Property under express or
implied invitation of Tenant,or arising out of the use of the Property by Tenant and the conduct of its business therein,or arising out of any
breach or default by Tenant in the performance of its obligations hereunder. Tenant shall not be liable for any injury or damage caused by
the negligence or misconduct of Landlord,or its employees or agents,and Landlord agrees to indemnify Tenant and hold it harmless from
any loss,expense or damage arising out of such damage or injury.
6.04 WAIVER OF SUBROGATION. Landlord and Tenant each hereby waive any and all rights of recovery against the other,or
against the officers,employees,agents or representatives of the other,for loss of or damage to hs property,or the property of others
under its control,it such loss or damage is covered by any insurance policy in force(whether or not described in this Lease)at the time of
such loss or damage;provided however such waiver is made only on the condition that it does not adversely affect the right of the insured
to recover under the applicable insurance policy or policies.
ARTICLE SEVEN:ASSIGNMENT AND SUBLETTING
Tenant shall not assign this agreement or sublet the premises,or any part thereof without the consent of the Landlord in writing,which
consent Landlord agrees it will not unreasonably withhold,but no assignment or subletting shall release Tenant from any obligation
hereunder.
(3) 1/94
AR i 1CLE FIGHT:DAMAGE OR DESTRUCTION
B.01 PARTIAL DAMAGE.In the event the improvements situated on the Property are partially damaged,or rendered partially unfit for
occupancy,by fire or other casualty,Tenant shall give immediate written notice thereof to Landlord. If Landlord's insurance proceeds are
sufficient to pay for the necessary repairs,and ff the repairs can reasonably be made within 90 days after Landlord receives such written
notice from Tenant,Landlord shall forthwith cause such repairs to be made and this Lease shall not terminate. While such repairs are
being made,Landlord shall allow Tenant a'fair reduction in rent in proportion to the extent the improvements are partially unfit for occu-
pancy,unless such damage,or unfitness for occupancy,is due to the act or omission of Tenant or Tenant's employees,invitees or
licensees.
8.02 UNINSURED PARTIAL DAMAGE OR TOTAL OR SUBSTANTIAL DESTRUCTION.In the event of total or substantial destruction
of the improvements situated on the Property by fire Pr other casualty,Tenant shall give immediate written notice thereof to Landlord. If
Landlord's Insurance proceeds are insufficient to pay for the necessary repairs or restoration,or the repairs or restoration cannot reason-
ably be made within 90 days after Landlord receives such written notice from Tenant,this Lease shall terminate and the rent shall be paid
to the date of such casualty.However,H such damage or destruction is due to the act or omission of Tenant or tenant's employees,
invhees or licensees,Tenant shall pay to Landlord,within 60 days after the occurrence of such casualty,any portion of the anticipated cost
of repairing or restoring the improvements to the same condition as on the date of this Lease that are not reimbursed to Landlord by
insurance proceeds. Such anticipated cost shall be determined by'landlord. Tenant shall make such payment to Landlord,whether or not
Landlord repairs or restores the improvements.
ARTICLE NINE:DEFAULT AND REMEDIES
9.01 DEFAULT.The following events shall be deemed to be events"of default under this Lease:
a.Failure of Tenant to pay any installment of the rent or other sum payable to Landlord hereunder on the date that same is due and such
failure shall continue for a period of We(5)days after written notice thereof to tenant;
b.Failure of Tenant to comply with any term,condition or covenant of this Lease,other than the payment of rent or other sum of money,
and such failure shall not be cured within thirty(30)days after written notice thereof to Tenant;
c.Tenant shall make an assignment for the benefit of creditors;
d.Abandonment by Tenant of any substantial portion of the Property or cessation of the use of the use of the Property for the purpose
leased for a period of more than thirty(30)consecutive calendar days.
9.02 REMEDIES.Upon the occurrence of any of the events of default listed in Section 9.01,Landlord shall have the option to pursue
any one or more of the following remedies without any notice or demand whatsoever:
a.Terminate this Lease,in which event Tenant shall immediately surrender the Property to Landlord. If Tenant fails to so surrender such
premises,Landlord may,without prejudice to any other remedy which it may have for possession of the Property or arrearages in rent,
enter upon and take possession of the Property and expel or remove Tenant and any other person who may be occupying such premises
or any part thereof. Landlord may hold Tenant liable for all rent and other indebtedness accrued to the date of such termination,plus,as
liquidated damages and not as a penalty,an amount equal to the then present value of rent provided for hereunder for the remaining
portion of the Lease Term(had this Lease not been terminated)using a ten(10%)percent value discount factor. In the event Landlord
elects to terminate this Lease by reason of an event of default,in lieu of recovering from Tenant under the preceding sentence,Landlord
may hold Tenant liable for the amount of all loss and damage which Landlord may suffer by reason of such termination,whether through
inability to relet the Property on satisfactory terms or otherwise.
b.Enter upon and take possession of the Property without terminating this Lease,and expel or remove Tenant and any other person who
may be occupying such premises or any part thereof. Landlord may relet the Property and receive the rent therefor. Tenant agrees to pay
to Landlord monthly or on demand from time to time any deficiency that may arise by reason of any such relating. In determining'the
amount of such deficiency,the brokerage commission,attorneys fees,remodeling expenses and other costs of reletting shall be sub-
tracted from the amount of rent received under such reletting.
c.Enter upon the Property without terminating the Lease,and do whatever Tenant is obligated to due under the terms of this Lease.
Tenant agrees to pay Landlord on demand for expenses which Landlord may incur in thus effecting compliance with Tenant's obligations
under this Lease,together with interest thereon at the rate of eighteen(18%)percent per annum from the date expended until paid.
Landlord shall not be liable for any damages resulting to Tenant from such action,whether caused by negligence of Landlord or otherwise.
d.Tenant is presumed to have abandoned the Property If Tenant's goods,equipment,or other property are removed from the Properly in
an amount substantial enough to indicate a probable intent to abandon the Property and such removal is not within the normal course of
Tenant's business. In the event that Tenant is presumed to have abandoned the Property,Landlord may remove and store any property of
Tenant that remains on the Property. Landlord may store such property at any location satisfactory to Landlord. Landlord may dispose of
such stored property after the expiration of sixty(60)days from the date such property is so stored. Landlord shall deliver by certified mail
to Tenant*at Tenant's last known address as shown by Landlord's records a notice stating that Landlord may dispose of Tenant's property.
H Tenant does not claim the same within sixty(60)days after the date the property was stored.
e.In the event Tenant is in default under this Lease by reason of Tenant's failure to pay rent as set forth.above,then Landlord may,at
Landlord's option,change all door locks and leave a written notice on a door to Tenant's leased premises stating the name and address or
telephone number of the individual from whom a new key can be obtained during Tenant's regular business hours,which are defined for
this purpose as being between 9:00 a.m.and 5:00 p.m.on Monday through Friday of each week.Tenant hereby waives the three(3)days
written notice to vacate required by Texas Property Code Section 24.005 and agrees that one(1)day written notice to vacate is sufficient
for purposes of Texas Property Code Section 24.005 and the filing of a Forcible Entry and Detainer lawsuit.
Upon the occurrence of any of such events of default,Landlord may enter upon and take possession of the Property by force,ff necessary,
without being liable for prosecution of any claim for damages therefor. Pursuit of any of the foregoing remedies shall not preclude pursuit
of any of the other remedies herein provided or any other remedies provided by law,nor shall pursuit of any-remedy herein provided
constitute a forl�fture or waiver of any rent due to landlord hereunder or of any damages accruing to Landlord by reason of the violation of
any of the terms,conditions and covenants herein contained.
ARTICLE TEN:REALTOR'S COMMISSIONS
10.01 AMOUNT AND MANNER OF PAYMENT OF LEASE COMMISSIONS: Landlord agrees to pay to the Principal Realtor a commis-
sion for negotiating this Lease equal to the percentage stated in Section 1.15A of the total rent to become due to the Landlord during or
because of(f)the Lease Term;(ii)each period of occupancy of the Property by Tenant,its affiliates,successors or assign,beyond the
Lease Term,whether such continued occupancy be caused by renewal,extension,holding over,new lease or agreement or otherwise and
whether upon the same or different terms,conditions of covenants of this Lease;(iii)any expansion,lease extension,renewal or other
(4) 1/94
rental agreement with Landlord,its affiliates,successors or assigns,demising to Tenant,its affiliates,successors or assigns,any premises
located on or constituting all or part of any tract or parcel of real property adjoining,adjacent to or contiguous to the Property. Said lease
commission shall be paid in accordance with Section 1.15A. If the lease commission is payable in cash under Section 1.15A(ii),the lease
commission for any continued occupancy or expansion,as provided above,shall be payable in cash for the entire term of any such
continued occupancy or expansion at the beginning of such term and at the beginning of any subsequent term.Notwithstanding that
Principal Realtor,or Cooperating Realtor,may be designated under Section 1.11 to receive rent hereunder and may from time to time
gratuitously perform rent collection and limited property management services for Landlord,neither Principal Realtor,nor Cooperating
Realtor shall have any obligation under this Lease to perform such rent collection and management services,unless such obligation arises
under a separate agreement with Landlord that.provides for an additional fee for such services.
10.02 COMMISSION ON PURCHASE. In the event Tenant,its affiliates,successors or assigns,should purchase the Property during
the term of this Lease(as the same may be renewed or extended)and for a period of one hundred twenty(120)days after Tenant,its
affiliates,successors or assigns,vacates.the Property,Landlord shall pay to the undersigned Principal Realtor a sales commission in cash
equal to the percentage stated in Section 1.158 of the purchase price payable at the closing. Upon the closing of such sale,the lease
commission payments shall terminate H the lease commission is payable in installments in accordance with Section 1.15A(i);or,in the
event the lease commission is payable in case in accordance with Section 1.15A(if),Landlord shall receive a credit against the sales
commission equal to the total lease commission paid by Landlord to the Principal Realtor multiplied by the unexpired percentage of the
Lease Term as of the date of such closing.(In the event the Principal Realtor is paid a lease commission in cash in accordance with
Section 1.15A(ii)for any continued occupancy beyond the Lease Term or expansion,such credit shall be equal to the total lease commis-
sion paid for such continued occupancy or expansion multiplied by the unexpired percentage of the term of such continued occupancy or.
expansion as of the date of such closing).
10.03 PROTECTION OF REALTORS. If Landlord sells the Property,or assigns Landlord's interest in this Lease,the buyer or assignee
shall,by accepting such conveyance of the Property or assignment of the lease,be conclusively deemed to have agreed to make all
payments to Principal Realtor thereafter required of Landlord under this Article Ten.Principal Realtor shall have the right to bring a legal
action to enforce or declare rights under this provision.The prevailing party in such action shall be entitled to reasonable attorneys fees to
be paid by the losing party.This section is included in this lease for the benefit of Principal Realtor.
10.04 REALTOR'S LIEN.The Principal Realtor is hereby granted a lien against the Property to secure payment of ail commissions
payable under this Article Ten(including any additional commissions which may hereafter become payable by reason of renewals,new
leases,rental agreements,sales or otherwise).This lien is subject to the rights of Tenant under this lease,but prior and superior to any
liens hereafter created against the Property,excepting only liens in favor of banks,insurance companies,savings and loan associations
and.sfmilar regulated financial institutions securing indebtedness incurred for the purpose of acquiring the Properly of constructing,
repairing,rebuilding or remodeling buildings and other improvements thereon,to all of which liens the lien hereby created shall be subordi-
nate and inferior.
10.05 PAYMENT TO PRINCIPAL REALTOR.Landlord shall be liable for payment of all commissions to Principal Realtor only,where-
upon it shall be protected from any claims from any Cooperating Realtor or Broker.
ARTICLE ELEVEN: CONDEMNATION
Landlord shall notify Tenant H Landlord receives notice of any potential condemnation of the Property or portion thereof.If all or any portion
of the Properly is taken under the power of eminent domain or sold under the threat of that power(all of which are called"Condemnation"),
this Lease shall terminate as to the part taken or sold on the date the condemning authority takes title or possession,by delivering written
notice to the other within ten(10)days after receipt of written notice of such taking(or in the absence of such notice,within ten(10)days
after the condemning authority takes possession).It neither Landlord nor Tenant terminates this Lease,this Lease shall remain in effect as
to the portion of the Property not taken,except that the rent shall be reduced in proportion to the reduction in floor area of the Property.
Any Condemnation award or payment shall be distributed in the following order;(a)first,to any ground lessor,mortgagee or beneficiary
under a deed of trust encumbering the Property,the amount of its interest in the Property;(b)second,to Tenant,only the amount of any
award specifically designated for loss of or damage to Tenant's trade fixtures or removable personal property;and(c)third,to Landlord,
the remainder of such award,whether as compensation for reduction in the value of the leasehold,the taking of the tee,or otherwise.It
this Lease is not terminated,Landlord shall repair any damage to the Property caused by the Condemnation,except that Landlord shall not
be obligated to repair any damage for which Tenant has been reimbursed by the condemning authority.if the severance damages re-
ceived by Landlord are not sufficient to pay for such repair,Landlord shall have the right to either terminate this Lease or make such repair
at Landlord's expense.
ARTICLE TWELVE:TAXES
12.01 PAYMENT BY LANDLORD.Landlord shall pay the real estate taxes on the Property during the Lease Term.
12.02 PAYMENT BY TENANT.Tenant shall pay the party named in Section 1.11 above,as additional rental,the excess,H any,of the
real estate taxes on the Property for any year during the Lease Term over the real estate taxes on the Property for the base year stated in
Section 1.10.Tenant shall make such payment within fifteen(l 5)days.after receipt of a statement showing the amount and computation of
such increase.Tenant shall be responsible for the pro-rata portion of such additional rental for any fractional part of a year preceding the
end of the Lease Term,which prorated sum shall be due and payable upon the termination of this Lease.If the termination of this Lease
occurs before the tax rate is fixed for the particular year,the proration shall be upon the basis of the tax rate for the preceding year applied
to the latest assessed valuation,and notwithstanding the termination of this Lease,any difference in the actual real estate taxes for such
year shall be adjusted between the parties upon receipt of written evidence of the payment thereof.Tenant agrees to pay all personal
property taxes levied against the leased premises and Tenant during the term hereof by reason of Tenant's improvements,inventory,
equipment and business conducted at the leased premises.
12.03 JOINT ASSESSMENT.if the Property is not separately assessed,Tenant's share of the real estate taxes payable by Tenant
under Section 12.02 shall be determined from reasonably available information.Landlord shall make a reasonable determination of
Tenant's proportionate share of such real estate taxes and Tenant shall pay such share to Landlord within fifteen(15)days after receipt of
Landlord's written statement.
12.04 CONTEST BY TENANT.Tenant may,at its own expense,contest any tax or assessment for which Tenant may be wholly or
partially responsible. Except as hereinafter provided,Tenant need not pay the tax,assessment or charge during the pendency of the
contest and Tenant may prevent Landlord from paying any tax,assessment or charge that Tenant is contesting pursuant to this section
12.04,pending any resolution of the contest,by depositing with Landlord,before such tax,assessment or charge becomes delinquent,
Tenant's portion of the full amount of the tax or assessment,plus the full amount of any penally that might be imposed for failure to make
timely payment and six(6)months of interest at the rate imposed by the entlty levying the tax or assessment.Upon final resolution of the
tax or assessment contest,Landlord may use the money deposited by Tenant to pay Tenant's portion of any tax or assessment,plus the
(5) 1/94
full•amouni of any penalty or interest,due under the final resolution,and Tenant shall receive the balance of the deposit,H any.If the
deposit is insufficient to pay these amounts,Tenant must immediately pay such insufficiency to Landlord.Notwithstanding the foregoing,
Landlord may pay,or require Tenant to pay,any tax,assessment or charge,or any portion thereof,for which Tenant is responsible under
this Article Twelve,pending resolution of Tenant's contest of the tax,assessment or charge,H payment is demanded by a holder of a
mortgage on the property,or H failure to pay will subject all or part of the Property to forfeiture or loss.Landlord reserves the right to
contest any tax,assessment or charge on the Property.
ARTICLE THIRTEEN:LANDLORD'S LIEN
In addition to the statutory landlord's lien,Tenant hereby grants to Landlord a security interest to secure payment of all rent and other
sums of money becoming due hereunder from Tenant,upon all goods,wares,equipment,fixtures,furniture and other personal property of
Tenant situated in or upon the Property,together with the proceeds from the sale or lease thereof.Such property shall not be'removed
without the consent of Landlord until all arrearages in rent and other sums of money then due to Landlord hereunder shall first have been
paid and discharged.Upon request by Landlord,Tenant agrees to execute and deliver to Landlord a financing statement in form sufficient
to perfect the security interest of Landlord in the aforementioned property and proceeds thereof under the provisions of the Uniform
Commercial Code in force in the State of Texas.
ARTICLE FOURTEEN:SUBORDINATION,ATTORNMENT AND NON-DISTURBANCE
14.01 SUBORDINATION.Landlord shall have the right to subordinate this lease to any ground lease,deed of trust or mortgage encum-
bering the Property,and advances made on the security thereof and any renewals,modifications,consolidations,replacements or exten-
sions thereof,whenever made or recorded.However,Tenant's right to quiet possession of the Property during the Lease Term shall not be
disturbed H Tenant pays the rent and performs all of Tenant's obligations under this Lease and is not otherwise in delault.'If any ground
lessor,beneficiary or mortgagee elects to have this Lease prior to the lien of lts ground lease,deed of trust or mortgage and gives written
notice thereof to Tenant,this Lease shall be deemed prior to such ground lease,deed of trust or mortgage whether this lease is dated prior
or subsequent to the date of said ground lease,deed of trust or mortgage or the date of recording thereof.
14.02 ATTORNMENT.if Landlord's interest in the Property is acquired by any ground lessor,beneficiary under a deed of trust,mort-
gage or purchaser at a foreclosure sale,Tenant shall attorn to the transferee of or successor to Landlord's interest in the Property and
recognize such transferee or successor as landlord under this Lease.Tenant waives the protection of any statue or rule of law which gives
or purports to give Tenant any right to terminate this Lease or surrender possession of the property upon the transfer of Landlord's
interest.
14.03 SIGNING OF DOCUMENTS.Tenant shall sign and deliver any instruments or documents necessary or appropriate to evidence
any such attornment or subordination or agreement to do so. It Tenant fails to do so within ten(10)days after written request,Tenant
hereby makes,constitutes and irrevocably appoints Landlord,or any transferee or successor of Landlord the attorney-in-tact of Tenant to
execute and deliver any such instrument or document.
14.04 ESTOPPEL CERTIFICATES
a.Upon Landlord's written request,Tenant shall execute,acknowledge and deliver to Landlord a written statement certifying(f)that none
of the terms or provisions of this Lease have been changed(or H they have been changed,stating how they have been changed);(it)that
this Lease has not been cancelled or terminated;(iii)the last due date of payment of the rent and other Ch== ;3s and the time period
covered by such payment;and(iv)that Landlord is not in default under this Lease(or,H Landlord is claimed to be in default,stating why).
Tenant shall deliver such statement to Landlord within ten(10)days after Landlord's request. Any such statement by Tenant may be given
by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon
such statement as true and correct.
b.If Tenant does not deliver such statement to Landlord within such ten(10)day period,Landlord,and any prospective purchaser or
encumbrancer,may conclusively presume and rely upon the following facts:(i)that the terms and provisions of this Lease have not been
changed except as otherwise represented by Landlord;,(ii)that this Lease has not been cancelled or terminated except.as otherwise
represented by the Landlord;(iii)that not more than one month's rent or other charges have been paid in advance;and(iv)that Landlord Is
not in default under the Lease.In such event,Tenant shall be estopped from denying the truth of such facts.
ARTICLE FIFTEEN:MISCELLANEOUS
15.01 EXHIBITS.All exhibits,attachments,annexed instruments and addenda referred to herein shall be considered a part hereof for all
purposes with the same force and effect as H copied at full length herein.
15.02 INTERPRETATION.Words of any gender used in this Lease shall be held and construed to include any other gender,and words
in the singular shall be held to include the plural,unless the context otherwise requires. In any provision relating to the conduct,acts or
omissions of Tenant,the term'Tenant'shall include Tenant's agents,employees,,contractors,invitees,sucessors,permitted assigns or
others using the Property with Tenant's expressed or implied permission.
15.03 CAPTIONS. The captions or headings of paragraphs in the Lease are inserted for convenience only,and shall not be considered
in construing the provisions hereof H any question of intent should arise.
15.04 WAIVERS.All waivers must be in writing and signed by the waiving party.Landlord's failure to enforce any provision of this Lease
or its acceptance of rent shall not be a waiver and shall not prevent Landlord from enforcing that provision or any other provision of this
Lease in the future.No statement on a check from Tenant or in a letter accompanying a payment check shall be binding on Landlord.
Landlord may,with or without notice to Tenant,negotiate such check without being bound to the conditions of such statement.
15.05 SEVERABILITY.A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal
or unenforceable shall not cancel or invalidate the remainder of such provision of this Lease,which shall remain in full force and effect.
15.06 JOINT AND SEVERAL LIABILITY.All parties signing this Lease as Tenants shall be jointly and severally liable for the obligations
of Tenant.
15.07 INCORPORATION OF PRIOR AGREEMENTS;MODIFICATIONS.This lease is the only agreement between the parties pertain-
ing to the lease of the Property and no other agreements are in effect.All amendments to this Lease shall be in writing and signed by all
parties.Any other attempted amendment shall be void.
15.06 BINDING EFFECT.The terms,conditions and covenants contained in the Lease,shall apply to,inure to the benefit of,and be
binding upon the parties hereto and their respective heirs,representatives,successors and permitted assigns,except as otherwise herein
expressly provided.All rights,powers,privileges,immunities and duties of Landlord under this Lease,including but not limited to any
notices required or permitted to be delivered by Landlord to Tenant hereunder,may,at Landlord's option,be exercised or performed by
Landlord's agent or attorney. (6) 1/94
15.09 NOTICES.Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered whether
actually received or not when deposited in the United States Mail,postage prepaid,registered or certified mail,return receipt requested,
addressed to parties hereto at the respective addresses stated herein,or at such other address as they have theretofore specified by
written notice delivered in accordance herewith.Notices to Tenant shall be delivered to the address specified on the signature page hereof,
except that;upon Tenant's taking possession of the Property,the Property address shall be Tenant's address for notice purposes.
15.10 FORCE MAJEURE.In the event performance by Landlord of any term,condition or covenant in this Lease is delayed or pre-
vented by any Act of God,strike,lockout,shortage of material or labor,restriction by any governmental authority,civil riot,flood or any
other cause not within the control of Landlord,the period of performance of.such term,condition or covenant shall be extended for a period
equal to the period Landlord is so delayed or hindered.
15.11 ATTORNEYS FEES. It on account of any breach or default of any party hereto in its obligations to any other party hereto(includ-
ing but not limited to the Principal Reahor),it shall become necessary for the non-defaulting party to employ an attorney to enforce or
defend any of its rights or remedies hereunder,the defaulting party agrees to pay the non-delauhing party its reasonable attorneys'tees,
whether or not suit is instituted in connection therewith.
15.12 TIME OF ESSENCE.Time is of the essence in this Lease.
ARTICLE SIXTEEN:SPECIAL PROVISIONS AND RIDERS
Special provisions may be set forth in the blank space and/or on a rider or riders attached hereto.If no additional provisions are to be
Inserted in the blank space below,please draw line through such space.If no rider or riders are to be attached hereto,please state"No
Riders"in the blank space below.If a rider or riders are to be attached hereto,please state in the blank space below:"See Rider or Riders
Attached,"and please have Landlord and Tenant initial all such riders.
SEE RIDER ATTACHED.
ATESTED BY
Contract Authorization
u-t4
Date
APPRO AS TO PORK AND LEGALITY:
Assistant City Attor
THIS IS A LEGAL DOCUMENT,READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART OF THIS LEASE,SEEK COMPE-
TENT LEGAL ADVICE. THE GREATER FORT WORTH ASSOCIATION OF REALTORS('GFWAR-)HAS FURNISHED THIS FORM FOR THE CONVEN-
IENCE OF ITS MEMBERS. LANDLORD AND TENANT ACKNOWLEDGE THATTHEY HAVE NOT RELIED ON ANY LEGAL ADVICE FROM PRINCIPAL
REALTOR,COOPERATING REALTOR,GFWAR OR GFWAR'S OFFICERS,DIRECTORS,EMPLOYEES,MEMBERS,AFFILIATES OR ATTORNEYS.
EXECUTED as of the date stated in Section 1.01 above.
LANDLORD TRA KOBS, ROBERT W. DOWLING, TENANT .
DOWLING CITY OF FORT WORTH
By: By:
T TITLE: /gSSi s�an¢ /fr h7G1Nac�er
Ate: Ry' ADDRESS:_ c/o Real Property Management
c/o Tracy L. Kobs 927 T o treet
1705 Dakar Roa East, t, ort iD 1
t
Date of execution by Landlord; Fc rt X 7610
Date of execution by Tenant:
738-0433 (H) 818-5271 (0) Bra nni 871-83 T
PRINCIPAL REALTOR,MEMBER OF THE COOPERATING
GREATER FORT WORTH ASSOCIATION OF REALTORS
E & SSEA�R/CY, INC.
By: �, V (i4-4-t.G By,
ary asseur
ADDRESS: P. 0. ox 1622 ADDRESS:
Ft. Worth, TX 76101
335-7575
(7) 1/94
RIDER TO LEASE AGREEMENT
BETWEEN
TRACY L. KOBS, ROBERT W. DOWLING, AND EMILY DOWLING, LANDLORD,
AND
CITY OF FORT WORTH, TENANT,
DATED JANUARY 18, 1995
16.01 Landlord agrees to adapt the existing building by
installing a new rest room that is in compliance with
A.D.A. requirements. This work is to 'be done within 30
days from the full execution of this lease agreement.
i•
16.02 �If subject property requires additional expense ,in order
to comply with all Federal, State, and/or City require-
ments that affect Tenant's use or occupancy, Landlord, at
Landlord's option, may either adapt the property t
comply or give Tenant the right to cancel this agreeme t
by giving Landlord a minimum 60 days' written notice.
16.03 With the full execution of this lease agreement an
prepayment of the first month's rent and security
deposit, Tenant may take possession of subject premises. \ '
If Tenant occupies subject premises prior to 3�rbr�ary—x;dlrvrc,
1995, the rent will be prorated at the rate of $100 per
day.
16.04 During the primary term of this lease agreement, Tenant
will be responsible for up to, but not exceeding, $2000
toward the' replacement of the air conditioner compressor.
Landlord will be responsible for the balance.
16.05 If not at the time in default under this lease, Tenant
shall have an option to renew for an additional 12 months
at the rate of $3,000.00 per month, and all other terms
and conditions of this lease shall apply during the
option period. To exercise this option, Tenant must give
written notice of his intention to renew to Landlord's
Agent, Ferree & Searcy, P. O. Box 1622, Fort Worth, Texas
76101, at least 60 days prior to the expiration date of
this lease.
RIDER TO LEASE AGREEMENT
BETWEEN
TRACY L. ROBS, ROBERT W. DOWLING AND EMILY DOWLING, LANDLORD,
AND
CITY OF FORT WORTH, TENANT,
DATED JANUARY 16, 1995
PAGE TWO
16.06 Notwithstanding the provisions of Section 6.02 of the
lease, Tenant shall be allowed to self-insure against
liability arising out of the ownership, use, Occupancy or
maintenance of the Property.
16.07 This lease is subject to appropriation of funds by the
City Council. In the event that insufficient funds are
appropriated to satisfy any obligation hereunder, this
lease shall terminate on the last day of the fiscal
period. for which funds are appropriated or upon the
exhaustion. of all appropriated funds, whichever comes
first. Such termination shall be without further
liability or expense to either Landlord or Tenant.
City of Fort- Wortk texas
Mayor and Coun"I Communica
DATE REFERENCE NUMBER**C-1475JL I LOG NAME PAGE
04/04/95 35COM0 1 of"1
SUBJECT COMO/ARLINGTON HEIGHTS NEIGHBORHOOD POLICING DISTRICT LEASE FOR THE
COMPREHENSIVE COMMUNITIES PROGRAM (CCP) GRANT-
RECOMMENDATION: -
It is recommended that the City Council authorize the City Manager to execute a one year lease
agreement for property to serve as a Neighborhood Policing District headquarters for the
Como/Arlington Heights target area under the Comprehensive Communities Program (CCP) grant
at a cost of $3,000 per month.
DISCUSSION:
On December 13, 1993, -the City Council via M&C G-10908 accepted a Comprehensive
Communities Program (CCP) grant from the Department of Justice. The grant calls for the
establishment of Neighborhood Policing Districts (NPDs), similar in concept to the Weed &Seed
target area, as well as the establishment of an'NPD headquarters within each target area. These
sites will house the staff of the program and also will be available to community residents
needing assistance..
The first NPD is in the Como/Arlington Heights area A suitable site has been located at 2508
Merrick Street. This building has 3,250 square feet and includes a parking lot. The monthly rent
for this property is $3,000 and a $3,000 property deposit is required. The building will be made
ADA compliant by the landlords, Tracy L. Kobs, Robert W. Dowling, and Emily Dowling. The
parking lot will need adjustments to be made ADA compliant, which will be accomplished utilizing
grant funds. Ferree & Searcy shall serve as the realtor for this lease and the term of the lease
shall be from April 1 , 1995 through March 31 , 1996.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds required for this contract are available in the
current operating budget, as appropriated, of the Grants Fund.
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6140 ���� �����■i1�
originating Department Read:
Thomas Windham 4-8385 APR 4 1995
(from) -
For .Additional Information GR76 539120 035423280070 $36,000.00
Contact: City Seosew of the
City of Fort V? t 4 Texas
Thomas Windham 4-8385
4ni Printed on recycled oaoer