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HomeMy WebLinkAboutContract 36303 Ci l Y SECRETARY CONTRACT NO. �� COMMERCLA L LEASE AGREEMENT ARTICLE ONE: 1.01 Date of Lease: October 1, 2007 1.02 Land Lord: Richard Hartman 8345 Eagle Mountain Circle Fort Worth, TX 76135 1.03 Lessee: City of Fort Worth 1.04 Property: Approx. 1,664 square feet of space situated at 920 Roberts Cut Off Fort Worth, TX 76135 Legal Description: A part of Lots 7D & 8A Forest Acres Addition to the City of River Oaks, Tarrant County, TX. 1:05 Lease Term: 12 months, commencing on the 1St day of October, 2007 and ending on the 30th day of September, 2008. 1.06 Rent: Eight Hundred Seventy Seven Dollars & Eighty-Nine Cents ($877.89) per month beginning on the renewal date of October 1, 2007 and ending on September 30th, 2008. 1.07 Security Deposit: NONE 1.08 Last Month's Rent Payable in advance: NONE 1.09 Permitted Use: Social Services Office (see Section 4.01) 1.10 Base Year for Taxes: Not Applicable 1.11 Rent to be paid to: Richard L. Hartman 8345 Eagle Mountain Circle Fort Worth, TX 76135 1.12 Daily Late Charged: Ten Dollars and No/100 ($10.00) Per Day (See Section 3.02) 1:13 Principal Realtor: NONE 1:14 Cooperating Realtor: NONE 400 RD 1:15 Realtors Commissions: NONE o ��.;:�lffS•�U�8 VISGUa 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 1105 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 Property 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 reimburse Landlord for and indemnity 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 provision applicable to a month-to-month tenancy, except that the rent then in effect shall be increased by fifty percent(50%). 2.04 Renewal. The Tenant shall have the right to renew the lease term for two (2) additional years at a rate, which can include a 5%increase each year. ARTICLE THREE: RENT AND SECURITY DEPOSIT 3.01 Rent. Tenant agrees to pay rent for the Property at the rate specified 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 parry 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 cost Landlord will incur by reason of such late payment. ARTICLE FOUR: USE OF PROPERTY 4.01 Permitted Use. Tenant may use the Property only for the 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. 2 4.03 Signs. Without the prior written consent of Landlord, Tenant shall not place or affix any signs or other object upon or to the Property, including but not limited to the roof 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 use 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 ours, 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, if 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 fails 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 Tenate 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, water, gas, or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, 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. 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 not accessible to Tenant. The provisions of this Section 4.07 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. 4.08 Parking. Tenant shall make a sincere effort to see that their employees and customers/clients park in the areas to the front and side of their portion of this building and not encroach on other tenant's spaces. If Landlord notifies Tenant that additional parking spaces are needed, Tenant agrees to require their employees to park in the large parking lot to the southeast side of the Edward Jones office. ARTICLE FIVE: MAINTENANCE, REPAIRS AND ALTERATIONS 5.01 Acceptance of Premises. Tenant acknowledges that Tenant has fully inspected the Property. Tenant hereby accepts the Property and the buildings and improvements situated 3 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 an the Commencement Date; provided 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 Commencement Date of which Tenant delivers written notice to Landlord within thirty days after the Commencement Date; and(b)make any additional 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 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. 5.02 Maintenance and Repairs by Landlord. Landlord shall at its expense maintain only the roof, foundation, underground pipes, all outside plumbing and the structural soundness of the exterior wall (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 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 or corrections. 5.03 Maintenance and Repairs by Tenant. Tenant shall at its 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 all necessary replacements) to the interior plumbing, windows, window glass,plate glass, doors, maintain heating and air-conditioning unit(installed July 1999), fire protection, sprinkler system, elevators, and the interior of the said improvements in general. Provided, however that if Tenant occupies a portion of a multi-tenant building, then Tenant shall not have to maintain the landscaping, grass areas, outside paving or railroad siding, if any. 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 therefore 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 Property in good repair and condition, reasonable wear and tear, and damage by fire, windstorms 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 improvements 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, air conditioning or heating equipment 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 items so installed by it, 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. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the 4 Property and shall not permit a mechanic's or materiahnan's lien to be asserted against the Property. 5.05 Condition Upon Termination. Upon the 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 (whether or not made with Landlord's consent) prior to the termination of this Lease and to restore the Property to its prior condition, all at Tenant's expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease. 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 fixture; 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 operations 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 a 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. The Landlord/Tenant agrees that the City of Fort Worth is self- insured and will provide a letter indicating the same. 6.03 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 or damage to its property, or the property of others under its control, if such loss of 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. Upon obtaining the policies of insurance described in this Lease, Landlord and Tenant shall give notice to the insurance carrier or carriers of the foregoing mutual waiver of subrogation and shall use such insurance policies to be properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of such mutual waiver. 5 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 obligations hereunder. ARTICLE EIGHT: DAMAGE OR DESTRUCTION In the event the building or other improvement situated on the Property are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore such building or other improvements to substantially the same condition as immediately prior to the casualty. Such repairs shall be made at Landlord's expense unless due to the act or omission of Tenant or Tenant's invitee, employees or customers. Landlord shall allow Tenant a fair reduction of rent during the time such building or other improvements are partially unfit for occupancy. If the building or other improvements situated on the Property are totally destroyed or deemed by Landlord to be rendered unfit for occupancy by fire or other casualty, or if Landlord shall decide not to repair or rebuild this Lease shall terminate and the rent shall be paid to the date of such casualty. 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 five (5) days; 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(3 0) 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 of cessation of the use of the Property for the purpose leased. 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 indebtness 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 6 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 thereof. Tenant agrees to pay to Landlord monthly or on demand from time to time any deficiency that may arise by reason of any such releting. In determining the amount of such deficiency, the brokerage commission, attorney fees, remodeling expenses and other cost of releting shall be subtracting from the amount of rent received under such releting. c. Enter upon the Property without terminating the Lease, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to pay Landlord on demand for expenses which Landlord may incur in this effecting compliance with Tenant's obligations under this Lease, together with interest thereon at the rate of twelve (12%) 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 it Tenant's goods, equipment, or other property are removed from the Property 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 if 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 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, if necessary, without being liable for prosecution of any claim for damages therefore. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provide by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord 7 hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, condition and covenants herein contained. ARTICLE TEN: REALTOR'S COMMISSIONS 10.01 Amount and Manner of payments of Lease Commissions: Landlord agrees to pay to the Principal Realtor® a commission 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(i) the Lease Term; (ii) each period of occupancy of the Property by Tenant, its affiliates, successors or assigns, 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 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. 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 if the lease commission is payable in installments in accordance with Section 1.15A(i): or, in the event the lease commission is payable in cash in accordance with Section 1.15 A(ii), 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 commission 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, by 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& 8 10.04 Realtor's Lien. The Principal Realtor® is hereby granted a lien against the Property to secure payment of al commissions payable under the Article Ten (including any additional commissions which may hereafter become payable by reason of renewals, new leases, rental agreements sales on 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 similar regulated financial institutions securing, indebtedness incurred for the purpose of acquiring the Property or constructing, repairing, rebuilding or remodeling buildings and other improvement thereon,to all of which liens the lien hereby created shall be subordinate and inferior. 10.05 Payment to Principal Realtor®. Landlord shall be liable for payment of all commissions to Principal Realtor® only, whereupon it shall be protected from any claims from any Cooperating Realtor® or broker. ARTICLE ELEVEN: CONDEMNATION Landlord shall notify Tenant if Landlord receives notice of any potential condemnation of the Property of portion hereof. If all or any portion of the Property 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, whichever occurs first. If more than 20 percent (20%) of the floor area of the building in which the Property is located, or which is located on the Property, is taken, either Landlord to Tenant may terminate this Lease as of 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 title possession). If 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, mortgage 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 fixture 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 fee, or otherwise. If this Lease is not terminated, landlord shall repair any damage to the Property caused by the Condemnation, except the Landlord shall not be obligated to repair any damage for which Tenant has been reimbursed by the Condemning authority. If the severance damages received 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, if any, of the real estate taxes on the Property for the base year state in Section 1.10. Tenant shall make such payment within fifteen (15) days after receipt of a 9 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 their 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. 12.03 Point 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 of charge that Tenant is contesting pursuant 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 he full amount of the tax or assessment, plus the full amount of any penalty that might be imposed for failure to make timely payment and six (6) months of interest at the rate imposed by the entity 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 full amount of any penalty or interest, due under the final resolution, and Tenant shall receive the balance of the deposit, if 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, if payment is demanded by a holder of a mortgage on the property, or if 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. 10 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-DISTRUBANCE 14.01 Subordination, Landlord shall have the right to subordinate this Lease to any ground Lease, deed of trust or mortgage encumbering the Property, and advances made on the security thereof and any renewals, modifications, consolidations, replacements or extensions thereof, whenever made or recorded. However, Tenant's right to quiet possession of the Property during the Lease Term shall not be disturbed if Tenant pays the rent and performs all of Tenant's obligations under this Lease and is not otherwise in default. If any ground lessor, beneficiary or mortgagee elects to have this Lease prior to the lien on its 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 mortgagee 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, mortgage or purchase 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 statute 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 of subordination or agreement to do so. If Tenant fails to do so within ten (10) days after written request, Tenant hereby makes, constitutes and irrevocable appoints Landlord, or any transferee or successor of Landlord the attorney-in-fact of Tenant to execute and deliver any such instrument or documents. 14.04 Estoppel Certificates. (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (i) that none of the terms or provisions of this lease have been changed (or if they have been changed, stating how they have been changed); (ii)that this Lease has not been cancelled or terminated; (iii)the last date of payment of the rent and other charges and the time period covered by such payment; and (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why). Tenant shall deliver such statement to Landlord within 11 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: MISCELANEOUS 15.01 Exhibits. All exhibits, attachments, annexed instruments and addenda referred to herein shall be considered a part hereof for all purposed with the same force and effect as if 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" agents, employees, contractors, invitees, successors, permitted assigns or others using the Property with Tenant's expressed or implied permission. 15.03 Captions. The captions or heading or paragraphs in the Lease are inserted for convenience only, and shall not be considered in construing the provisions hereof if any questions 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 provisions 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 pertaining to the lease of the Property and no other agreements are effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void. 12 15.08 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. 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 addresses as they have therefore specified by written notice delivered in accordance herewith. Notices to Tenant shall be delivered to 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 prevented 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 Time of Essence. Time is of the essence of 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 a 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. No Riders 13 EXECUTED as of the date stated in Section 1.01 above. LANDLORD TE T/CITY OF FORT WORTH J Signature Signature By: Richard Hartman By: Libby Watson TITLE: Landlord -7- CA--j— TITLE: Assistant City Manager ADDRESS: 8345 Eagle Mountain Cir. ADDRESS: 1000 Throckmorton Street Fort Worth, TX. 76135 Forth Worth, TX 76102 ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY 9� Assistant Ci Attorney Ito-� Contract Authorization ?alte WORD 14 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Coicai .1111i1WtVtlNAFEAS5kY69IIAtYin!o �3El &R69�fII51W9ttPY�6q}5y9fAFt .YCTiA1fCYk'eVC6 IFAI�Yfl5N1'�f516i42,.d"'llf'••••••••••• COUNCIL ACTION: Approved on 11127/2007 - Ordinance No. # 17884-11-2007 &S'.dAOR1fIIi iVA°�9E14IIL55't34111WS613�'RMYLR:Kilt@ fGtl�S6fkMlif!<d1CWR..S.Si.TSX.tI{NflAd#nKiSACd1 WICA4YRA:)W341{11t Y1li0WF:Glt4(t:T.r7.Yfi @,ii6&�tlF�i :SiNMSH'WC Z.�'YRGW.LQII .1mY24UPiG59li5A^of8 DATE: Tuesday, November 27, 2007 LOG NAME: 80TARRANT07 REFERENCE NO.: **C-22545 SUBJECT: Authorize Acceptance of Funds from Tarrant County for Fiscal Year 2007-2008 and Execution of Lease Agreement for the Operation of Two Community Action Partners Centers; Authorize Interfund Loan and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept funds in the amount of$22,800 from Tarrant County for Fiscal Year 2007-2008 for two Community Action Partners Centers; 2. Authorize the City Manager to execute a lease agreement with the Bethlehem Baptist Church for the Far Southeast Community Action Partners Center in an amount not to exceed $7,800 per year; and Richard Hartman for the Far Northwest Community Action Partners Center in an amount not to exceed $10,534.68 per year; 3. Authorize a non-interest bearing, interfund loan from the General Fund to the Grant Fund in the amount of$5,700 for interim financing of this grant project, pending contract execution; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund by $22,800 from available funds. DISCUSSION: The City of Fort Worth has contracted with the Texas Department of Housing and Community Affairs to serve as the Community Action Agency for Tarrant County under the name of CAP. The CAP provides services to low income residents on a County-wide basis. Tarrant County provides funding for the operation of two CAP centers. The Far Southeast CAP (located at 1188 West Broad Street in Mansfield, Texas) and the Far Northwest CAP (located at 920 Roberts Cut-Off in River Oaks, Texas) are located outside the city limits of Fort Worth. Following the approval of the Tarrant County budget, expenses incurred by the City for the operation of these centers will be reimbursed by Tarrant County. The expenses will include: 1. Lease for the Far Southeast CAP is $7,800 per year (including water/wastewater costs); 2. Lease for the Far Northwest CAP is $10,534.68 per year (not including utilities); and 3. The remaining funds of $4,465.32 will be used to supplement the costs for electricity and telephone service at the Far Southeast CAP center and electricity, natural gas, water/wastewater, and telephone long distance service at the Far Northwest CAP center. http://www.cfwnet.org/council_packet/Reports/Mc_print.asp 12/4/2007 Page 2 of 2 The Far Southeast and Far Northwest CAP Centers will continue to provide case management, information and referral services, client intake and assessment, emergency assistance, including the Comprehensive Energy Assistance Program and other social services to low income households in southeast and northwest Tarrant County. The costs to operate the referenced CAP centers are wholly underwritten by federal, state and county funds. The interim financing is requested to provide a smooth transition from one grant funding cycle to the next. Interim financing is only a temporary loan pending contract execution. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grant Funds. Upon execution of the grant contract, the interim interfund loan will be reimbursed to the General Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 220001 000422149000 $5,700.00 GG01 136076 0000000 $5,700.00 GR76 451345 080422149000 $22,800.00 GR76 VARIOUS 080422149010 $22,800.00 Submitted for City Manager's Office Libby Watson (6183) Originating Department Head: Richard Zavala (871-5704) Additional Information Contact: Anthony Meyers (871-5775) http://www.cfwnet.org/council_pacicet/Reports/mc_print.asp 12/4/2007