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STATE OF TEXAS § --
COUNTY OF TARRANT §
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into by and between the
CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas,
located in Tarrant, Denton and Wise Counties, Texas, (hereinafter referred to as the
"City") and the FORT WORTH HISPANIC CHAMBER OF COMMERCE, a legally
constituted non-profit entity, (hereinafter referred to as the"Lessee').
SECTION 1.
LEASED PREMISES
1.01 For and in consideration of the rental payments to be paid under this Lease
Agreement and the agreements of the parties expressed herein, City does hereby grant to
the Lessee the use of space located at the Northside Community Center, located at 1100
NW 18`h St. within the City of Fort Worth for the purpose of providing, through
sublessees of the Lessee, consulate services in matters involving protective services for
citizens abroad, including arrests, death cases, financial or medical emergencies and
welfare and whereabouts inquiries, issue travel warnings, public announcements and
consular information sheets, guidance on nationality and citizenship determination,
document issuance (visas), judicial and notary services, estates and property claims,
third-country representation, and disaster assistance at the "Leased Premises" herein
described as follows:
2,600 square feet of net usable space, including a general waiting
area of approximately 100 square feet, and additional secondary
waiting area of 290 square feet of shared space and non-exclusive
off-street parking consisting of ninety-eight (98) vehicles, including
five (5) parking spaces that meet applicable handicap accessibility
requirements located at the Northside Community Center, 1100 NW
18t St., Fort Worth, Tarrant County, Texas, 76106.
1.02. Lessee understands that the general waiting area and parking areas are not for
the exclusive use of the Lessee and its sublessees and that the City, Senior Citizens
Service. Inc, and/or patrons of the Community Center may use the parking areas at any
time.
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SECTION 2.
USE OF EASED PREMISES
2.01 Lessee shall use the Leased Premises space solely for the purpose of subleasing
the Leased Premises to the following entities (hereinafter referred to as Permitted
Subtenants):
A. Counsel de Mexico in order to provide matriculas ID,passports, legal advice
in criminal, labor, civil and migratory issues;
B. Case Immigrante in order to provide immigration and educational seminars,
information and referrals for legal, health, employment, family and victim
services and sponsor sports leagues and cultural events;
C. Casa Zacatecas in order to provide immigration and educational seminars
and sponsor sports and cultural events for the community;
D. Casa Chihuahua in order to provide immigration and educational seminars
and information and referrals for civil rights and equal employment,
discrimination victim assistance, domestic violence, security banking,
employment and health family victim services;
E. Catholic Charities in order to provide personnel support services, education
and immigration services; and
F. Banjercito (Bank in Mexico) in order to provide permits to allow personal
vehicles to be transported to and from Mexico.
2.02 The City grants to Lessee and the Permitted Subtenants, as listed above, the use
the Leased Premises during 11:00 a.m. and 5:00 p.m. Tuesdays through Saturdays. The
Center will be closed and unavailable for use by the Lessee or Permitted Subtenants on
Sundays and on all regular City holidays. Lessee may change the normal operating hours
for use by the Lessee or Permitted Subtenants by only after submitting a written request
and obtaining written approval from the Director of the Parks and Community Services
Department.
2.03 Except due to emergency circumstances, City agrees to notify Lessee of any
changes in the hours of operation by providing Lessee with written notice, at least five (5)
working days prior to the change taking effect. City agrees to provide similar notice to
Lessee should the Leased Premises not be available to the Lessee or the Permitted
Subtenants due to special events, scheduled maintenance or other non-emergency
closures.
2.04 If Lessee or the Permitted Subtenants require access at times other than the
normal operating hours set forth herein, Lessee shall notify the City by providing city
with written notice, at least five (5) working days prior to the needed changes. Access
by Lessee or Permitted Subtenants to the Leased Premises at times other than during the
normal operating hours is within the discretion of the City and City may charge the
Lessee the hourly rate for the actual staff time required to open, monitor and close the
Leased Premises. This charge shall include a fortN, percent (40%) overhead rate to be
applied to the total salary cost incurred.
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2.05 If the Lessee requested additional space for a sublessee during the term of Lease
Agreement, City may, at its sole discretion and if space is available, furnish such space
adjacent to the Leased Premises at a rental not more than the monthly cost per square
foot, as stated in Section 3, below. The additional lease space term shall be concurrent
with the balance of the period outlined by this Agreement. The City agrees to furnish all
services provided in this Agreement to the additional space. The lease of additional
space shall not be valid unless executed in writing and signed by all parties, including the
Permitted Subtenant.
2.06 Lessee or Permitted Subtenants shall not sell any food, beverages, merchandise,
signage or other products or items on the Leased Premises.
SECTION 3.
SUBLEASES
3.01 Lessee must provide City with a copy of the executed sublease to any such
Permitted Subtenant, and this sublease must comply with the terms and conditions of this
lease. It is specifically understood and agreed that Lessee intends to and has the right and
power to Sublease the Leased Premises to the Permitted Subtenants listed in Section 2.01.
Any assignment of this Lease of subletting of the Leased Premises to any party other than
a Permitted Subtenant is prohibited without City's prior written consent.
3.02 The Lessee shall be responsible for executing all sublessees in compliance with
this Lease Agreement prior to occupancy by the Permitted Subtenant and shall provide
the City with a copy of each sublease within then days of execution by both parties.
3.03 All subleases must comply with the terms and conditions of this Lease and
contain the same provisions as the Lease Agreement and will further insure that each
sublease agreement contain a clause indemnifying the City, that is the same as the one in
Section 12 of this Agreement and each sublease shall also include the same insurance
requirements as those required in Section 13 of this Agreement. All sublease agreements
will provide that in the event, and for whatever reason or cause, the City terminates this
Lease with the Lessee, all subleases will automatically and immediately terminate.
SECTION 4.
MONTHLY RENTAL
4.01 Lessee agrees to pay City for the lease of the Leased Premises, as described
above, at the rate of Two Thousand forty Five and Seventy Six One Hundredth Dollars
($2,045.76) per year, or One Hundred Seventy and Forty Eight One Hundredth Dollars
($170.48) per month, during the term of this Lease. City agrees to submit monthly
statements for rent to the Lessee, but failure of the City to submit said monthly statement
to Lessee shall not relieve the Lessee from its obligation to pay the monthly rental as
required under this Agreement.
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4.02 The monthly rentals provided for herein shall be due and payable by Lessee to
the City on the first day of the month for which said rentals are due. The Lessee shall
make all monthly rental payments on or before the 10h day of each month of this
Agreement. All monthly payments and any other sums due and payable to the City shall
be addressed to the City of Fort Worth, Parks and Community Services Department,
Community Services Division, 4200 S. Freeway, Suite 2200, Fort Worth, Texas 76115-
1499.
4.03 Failure of a Permitted Subtenant to pay the Lessee monthly or yearly rent as
required under the sublease shall not relieve the Lessee of its obligation to pay rent as
required under this Lease Agreement.
SECTION 5.
TERM OF LEASE
5.01 The second term of this Lease shall be for a period of one year commencing on
the 1St day of November 2008, and ending on the 31"of October 2009.
5.02 The primary term may be renewed by mutual agreement between the Lessee and
the City for two (2) successive, 12-month terms under the same terms and conditions of
this Agreement. Lessee must advise the City in writing of its intent to renew the Lease no
later than sixty (60) days prior to the termination date of the initial one-year period, and
prior to the termination dates of each of the two successive, 12 month renewal periods.
5.03 Either party may terminate this Agreement, without cause, by giving the other
party written notice, as provided for in this contract, of termination thirty days (30) days
prior to the intended termination date.
SECTION 6.
RIGHT OF ACCESS
6.01 During the term of this Lease, City or its agent shall have the right to enter upon
the Leased Premises during reasonable hours for the purpose of examining and inspecting
the same and determining whether Lessee or its Permitted Subtenants have complied with
all the terms and conditions of this and the subtenant Agreements. Except in the event of
an emergency, City shall conduct inspections during ordinary business hours and shall
use its best efforts to provide Lessee at least two (2) hours notice prior to inspection.
Lessee shall be responsible for notifying the Permitted Subtenants,
6.02 During any inspection, City may perfonn any obligations that City is authorized
or required to perform under the terms of this Lease or pursuant to its governmental
duties under federal state or local laws, rules or regulations.
6.03 Lessee will permit and require that the Permitted Subtenants permit the City's
Fire Marshal or his or her authorized agents to inspect the Leased Premises and Lessee
and the Permitted Subtenants will comply with all requirements of the Fire Marshal or his
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or her authorized agents that are necessary to bring the Leased Premises into compliance
with the City of Forth Worth Fire Code and Building Code provisions regarding fire
safety, as such provisions exist or may hereafter be amended. Lessee and Permitted
Subtenants shall maintain in proper condition accessible fire extinguishers of a number
and type approved by the Fire Marshal or his or her authorized agents for the particular
hazard involved.
SECTION 7.
TITLE AND CONSTRUCTION
7.01 The Leased Premises are subject to any statement of facts which an accurate
survey or physical inspection may show, all zoning, restrictions, regulations, rulings and
ordinances, building restrictions, and other laws and restrictions now in effect or hereafter
adopted by any governmental authority having jurisdiction and are leased in their Present
condition without representation or warranty by City.
7.02 Lessee agrees that Lessee has examined that Leased Premises prior to the
execution of this Agreement and is satisfied with the physical condition of the Leased
Premises. Lessee's taking possession of the Leased Premises shall be conclusive evidence
of its receipt of the premises in a safe, sanitary, and good condition and repair, except for
those conditions that the Lessee provides City written notice of prior to the execution of
this Agreement. City MAKES NO WARRANTY OR RESPRESENTATION, EXPRESS
OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF CONDITION, SUITABILITY,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
PROPERTY.
SECTION 8.
USE OF PREMISES; COMPLIANCE WITH LAW; EASEMENTS
8.01 Lessee and its Permitted Subtenants are granted and shall have the right to use
and occupy the Leased Premises solely for the purposes stated in this Agreement,
provided that such purpose complies with existing zoning of the Leased Premises and the
purpose stated under this Agreement.
8.02 Lessee and the Permitted Subtenants shall not engage in any unlawful use of the
Leased Premises. Lessee further agree that it shall not permit its officers, agents, servants,
employees, contractors, subcontractors, subtenants, patrons, licensees or invitees to
engage in any unlawful use of the Leased Premises and Lessee immediately shall remove
from the Leased Premises any person engaging in such unlawful activities. Unlawful use
of the Leased Premises by Lessee or the Permitted Subtenants shall constitute an
immediate breach of this Lease.
8.03 Lessee and Permitted Subtenants will not do or suffer any waste to the Leased
Premises. Lessee shall, at its cost and expenses, comply with and cause the Leased
Premises to comply with: 6) all valid federal, state, local, and other govemmental laws,
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ordinances, rules, orders, and regulations affecting the Leased Premises or a part thereof
or the used thereof, and (ii) all rules, orders, and regulations of the National Board of
Underwriters or other body exercising similar functions in connection with the prevention
of fire or the correction of hazardous conditions which apply to Leased Premises. Lessee
and Permitted Subtenants shall comply with the requirements of all policies of insurance
which at any time may be in force with respect to the Leased Premises and to the extent
that Lessee has written notice thereof, with the Provisions of any contracts, agreements,
and restriction affecting the Leased Premises or a part thereof or the ownership,
occupancy, or use thereof which shall have existed at the time of commencement of the
Primary Term or shall have been approved in writing by Lessee.
8.04 Lessee and its Permitted Subtenants will comply with all federal, state, and local
laws, statutes and all ordinances, charter provisions, rules and regulations of the City of
Fort Worth; including all rules regulations and/or requirements of the City of Fort Worth
Police and Fire Departments; and any and all requirements specifically made by the City
of Fort Worth Fire Marshal in connection with the Lease Agreement.
8.05 Lessee will notify City, and appropriate law enforcement officials, of any
foreign officials and/or dignitaries planned visits to the Northside Community Center, a
minimum of two (2) weeks prior to the planned visit.
SECTION 9.
TEXAS AND OTHER CHARGES; LIENS
9.04 City agrees to pay all the usual and customary taxes levied and assessed against
the Leased Premises and improvements during the term of the Lease.
9.02 Lessee shall remove and discharge promptly, at its cost and expense, all liens,
encumbrances, and charges upon the Leased Premises or Lessee's leasehold interest
which arise out of Lessee's or its Permitted Subtenant's use, occupancy, maintenance, or
repair of the Leased Premises or by reason of labor or materials famished or claimed to
have been famished to Lessee or any of its Permitted Subtenants, but excluding liens,
encumbrances, and charges caused or permitted to be caused by City, which shall be the
sole responsibility of the City.
9.03 Lessees failure to discharge any such purported lien shall constitute a breach of
this Lease and City may terminate this Lease upon thirty (30) days written notice.
However, Lessee's financial obligation to City to liquidate and discharge such lien shall
continue in effect following termination of this Lease and until such a time as the lien is
discharged.
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SECTION 10.
MAINTENANCE
10.01 Lessee and the Permitted Subtenants shall keep and maintain the Leased
Premises in a good, clean and sanitary condition at all times. Lessee covenants and agrees
that Lessee and the Permitted Subtenants will not make or suffer any waste of the Leased
Premises. Lessee shall be responsible for all damages caused by Lessee, its agents,
servants, employees, contractors, subcontractors, subtenants, licensees, or invitees, and
Lessee agrees to fully repair or otherwise cure all such damages at Lessee's sole cost and
expense. The City shall determine whether any damage has been done, the amount of the
damage, and the reasonable cost of repairing the damage. Any damage by the Lessee,
Permitted Subtenants or others incident to the exercise of privileges herein granted shall
be repaired or replaced by the Lessee to the reasonable satisfaction of the City within
thirty(30) days or receipt of written notification from the City.
10.02 City shall pay all utilities, except for telephone and internet connections and
any costs related to the use of the telephone or internet.
10.03 Lessee shall bear the cost of having the floors in the Leased Premises stripped
and waxed two (2) times per year and City hall bear the cost of having the exterior of
windows washed twice each year.
10.04 Lessee shall pay all janitorial costs related to the Leased Premises. Lessee shall
maintain the Leased Premises in accordance with the Parks and Community Services
Department's "Facilities Cleanliness Standards" attached and incorporated herein, as
Exhibit A.
10.05 During the term of this Agreement, Lessee shall notify the City in writing in
reference thereto by certified mail of any conditions on the Leased Premises that in its
opinion are not in reasonable good repair and condition, reasonable wear and tear
excepted, and subject to budgetary limitations, City shall make all reasonable necessary
repairs,to Leased Premises.
SECTION 11.
IMPROVEMENTS, REPLACEMENTS,ADDITIONS,AND REMOVAL;
LANDLORD'S LIEN
11.01 Lessee and its Permitted Subtenants may bring on to the Leased Premises any
equipment and improvements reasonably necessary to perform their respective business.
11.02 Lessee and the Permitted Subtenants will not do or permit to be done any injury
or damage to any buildings or part thereof, or permit to be done any-thing which will
damage or change the finish or appearance of the Leased Premises or the furnishings
thereof or any other property belonging to the City by the erection or removal of
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equipment or any other improvements, alterations or additions. No decorative or other
materials shall be nailed, tacked, screwed or otherwise physically attached to any part of
the Leased Premises or fixtures of the City without the consent of the City.
11.03 Lessee agrees that, except as otherwise expressly provided herein, all
improvements, trade fixtures, furnishings, equipment and other personal property of
every kind or description which may at any time be on the Leased Premises shall be used
at Lessee's and the Permitted Subtenant's sole risk or at the sole risk of those claiming
under Lessee.
11.04 Any signs necessary to indicate Lessee's or Permitted Subtenant's name,
location, and purpose shall be prepared and installed at the sole cost of by the Lessee or
the Permitted Subtenant in accordance with applicable rules and regulations of the City
and in keeping with building d6cor. All signs shall provide a disclaimer that the City is
not providing the services offered by the Lessee or Permitted Subtenant.
11.05 City assumes no responsibility for any property placed on the Leased Premises
or any part thereof by the Lessee, Permitted Subtenants or any agent, officer and/or
employee of the Lessee or Permitted Subtenant. Lessee and Permitted Subtenants
hereby expressly releases and discharges City from any and all liability for any
property damage or loss and/or personal injury, including death, arising out of or in
connection with, directly or indirectly the occupancy and/or use of the Leased
Premises and any and all activities Conducted thereon sustained by reasons of the
occupancy of said building under this Agreement.
SECTION 12.
INDEMNIFICATION
12.01 LESSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY,
ITS OFFICERS,AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO THOSE FOR PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, THAT MAY RELATE TO,ARISE OUT OF OR BE
OCCASIONED BY (t) LESSEE'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
0AIISSION OR INTENTIONAL MISCONDUCT OF LESSEE, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY) OR SUBCONTRACTORS, RELATED TO THE LEASE OF SPACE AT THE
NORTHSIDE COMMUNITY CENTER OR THE PERFORM 'CE OF THIS
AGREEMENT, EXCEPT TJJAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE
SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES
OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH LESSEE AND CITY,
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RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
12.02 The following language must be included in any sublease of the Leased
Premises to a Permitted Subtenant:
{PERMITTED SUBTENANT} AGREES TO DEFEND, INDEMNIFY AND HOLD
THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES,
HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS
AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE
FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)
ANDIOR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (i) {PERMITTED SUBTENANT}'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR
(ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCOND UCT OF
{PERMITTED SUBTENANT}, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS, RELATED TO THE SUBLEASE OF SPACE AT THE
NORTHSIDE COMMUNITY CENTER OR THE PERFORMANCE OF THIS
AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE
SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES
OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH LESSEE AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
SECTION 13.
INSURANCE
13.01 Lessee, on behalf of itself and the Permitted Subtenants, further covenants and
agrees to obtain and keep in force during the term of this lease a policy covering the
Lessee and the Permitted Subtenants providing for bodily injury and property damage
insurance in amounts as follows:
a. Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
b. Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$50000 Bodily Injury per person per occurrence
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C. A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used in
the course of the event Leased herein.
d. Worker's Compensation:
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease—policy limit
$100,000 disease—each employee
13.01 Certificates of insurance evidencing all required insurance shall be delivered to
City prior to occupancy.
a. Applicable policies shall be endorsed to name City an Additional insured
as it interest may appear. The term City shall include its employees,
officer, officials, agents, and volunteers as respects the contracted service.
b. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
c. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
d. A minimum of thirty (30) days notice of cancellation or material change in
coverage effecting the required lines and limits of insurance shall be
provided to the City. A ten (10) days notice shall be acceptable in the
event of non-payment of premium. Notice shall be sent to the Director,
PACSD, City of Fort Worth, 4200 South Freeway, Suite 2200, Fort
Worth, Texas 76115-1499.
e. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A>M> Best
Key Rating Guide or have reasonable equivalent financial strength and
solvency to the satisfaction of Risk Management.
f, Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to City in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or rise retention groups must also be approved. Dedicated
financial resources or letters of credit may also be acceptable to City.
g. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of City.
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It. City shall be entitled, upon its request and without incurring expense, to
review the Lessee's insurance policies including endorsements thereto
and, at the City's discretion, Lessee may be required to provide proof of
insurance premium payments.
i. The Commercial General Liability insurance policy shall have no
exclusions by endorsements that have effect on the lines and limits of
insurance required in this agreement, unless the City approves such
exclusions.
13.04 The policy must not be subject to cancellation for any reason except upon
thirty (30) days prior written notice by the insurer to the City of Fort Worth. Lessee shall
furnish certificates of insurance evidencing these coverages and the waiver and naming
the City of Fort Worth as an additional insured party prior to the inception of the Tenn
and shall deliver renewal certificates to the City if the coverages expire during the Term.
SECTION 14.
CONDEMNATION
14.01 If the title to all or substantially all of the Leased Premises is taken by
condemnation proceedings or any right of eminent domain, this Lease and all subleases
will terminate on the date of such taking, and City shall be entitled to receive the
proceeds resulting from such taking. Lessee and Permitted Subtenants waive any right to
any compensation attributable to its leasehold interest in the Leased Premises.
SECTION 15.
EVENTS OF DEFAULT BY LESSEE; REMEDIES OF CITY,AND
TERMINATION
15.01 In the event one or more of the following shall happen and continue
(herein called an "event of default'):
a. Lessee defaults in the payment of any of the rents provided to be
paid hereunder and such default shall continue for thirty (30) days
following written notification from City,
b. Lessee or a Pennitted Subtenant defaults in the observance or
performance of any other provision of this Agreement which is not
remedied within thirty (30) days after written notice of such default
by City to Lessee properly specifying wherein Lessee or the
Permitted Subtenant has failed to perform any such provision; it
being understood that if by reason of force majeure Lessee or its
obligations referred to under this clause (b), Lessee shall not be in
default during the continuance of the inability claimed.
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The term 'force majeure" shall mean Acts of God, strikes,
lockouts or other industrial disturbances, acts of public enemies,
orders of any kind of the Government of the United States or the
State of Texas, or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquake, fire, hurricanes,
tornadoes, storms, floods, washouts, droughts, arrests, restraint of
government and people, civil disturbances, explosions, breakage or
accident to machinery, transmission pipes or canals, partial or
entire, failure of utilities or any other cause not reasonably within
the control of Lessee.
c. A trustee or receiver is appointed for Lessee or any Permitted
Subtenant for all or any substantial part of its property without the
consent of Lessee an is not discharged within ninety(90) days after
such appointment, excluding any period in which such
appointment shall be stayed upon appeal or otherwise;
d. Any other breach of a term or obligation of this agreement; or
f. Lessee or any Permitted Subtenant uses the Leased Premises in an
unlawful manner.
15.02 In the event of default as provided for in this Agreement in Section 15.01
(a)through(e), City may terminate this Lease by giving the Lessee thirty (30) days notice
of City's intention so to do, in which event the Term of this lease shall end, and all rights,
title, and interest of Lessee and any Permitted Subtenant hereunder shall expire on the
date stated in such notice. City shall have the right to enter upon and take possession of
said premises, and shall have the remedies now or hereafter provided by law for
recovering of rent, repossession of the premises and damages occasioned by each default.
Any rights of the Lessee or a Permitted Subtenant to the possessions of the Leased
Premises shall cease on the date stated in such notice. City, in its discretion, may
terminate the Lease immediately if Lessee or any Permitted Subtenant uses the Leased
Premises in an unlawful manner.
15.03 In the event of default as provided for in this Agreement in Section 15.01
(f), City may terminate this Agreement immediately and remove the Lessee and the
Permitted Subtenants from the Leased Premises.
15.04 In the event of the termination of this Lease by City, Lessee and any
Permitted Subtenants may remove any improvements, fixtures, or other items attached to
any, structure on the Leased Premises belonging to the Lessee or Permitted Subtenant and
placed on the Leased Premises by the Lessee or Permitted Subtenant, provided that
Lessee shall reimburse the City for any damage to the Leased Premises caused by the
removal of any improvements or fixtures by either the Lessee or the Permitted Subtenant.
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If Lessee or Permitted Subtenant removes any fixtures or improvements belonging to
City during the term of this Agreement, at the termination of this Lease, Lessee agrees to
replace or reinstall any fixtures or improvements to its original place and in its original
condition, as found at the beginning of this Agreement.
15.05 Within twenty (20) days following the effective date of termination or
expiration, Lessee and the Permitted Subtenants shall remove from the Leased Premises
all trade fixtures, tools, machinery, equipment, materials and supplies placed on the
Leased Premises by Lessee or Permitted Subtenant pursuant to this Lease. After such
time, City shall have the right to take full possession of the Leased Premises, by force if
necessary, and to remove any and all parties and property remaining on any part of the
Leased Premises. Lessee agrees that it will assert no claim of any kind against City, its
agents, servants, employees or representatives, which may stem from City's termination
of this Lease or any act incident to City's assertion of its right to terminate or City's
exercise of any rights granted hereunder and any sublease shall require the Permitted
Subtenant to waive such claim as against the City.
15.06 No default by City hereunder will constitute an eviction or disturbance of
Lessee's or Permitted Subtenant's use and possession of the Leased Premises or entitle
Lessee or Permitted Subtenant to be relieved from any of Lessee's or Permitted
Subtenant obligations hereunder (including the obligation to pay rent) or grant Lessee or
Permitted Subtenant any right of deduction, abatement, set-off recoupment, or entitle
Lessee or Permitted Subtenant to take any action whatsoever with regards to the Leased
Premises or City until thirty (30) days after Lessee has given City written notice
specifically setting forth such default by City, and City has failed to cure such default
within said thirty (30) day period, or if such default cannot reasonably be cured within
said thirty (30) day period, then within any additional reasonable period of time so long
as City has commenced curative action within said thirty (30) day period and thereafter
is diligently attempting to cure such default.
15.07 No waiver by the parties to this Lease of any default or breach of any
term, condition or covenant of this Lease will be deemed to be a waiver of any other
breach of the same or other term, condition, or covenant contained in this Lease. No
provision of this Lease may under any circumstances be deemed to have been waived by
either party to this Lease unless such waiver is in writing and signed by the party charged
with such waiver. Lessee agrees that the receipt by City of rent with the knowledge of the
breach of any covenant or condition of this Lease by Lessee will not be deemed to be a
waiver of such breach, and no provision of this Lease will be deemed to have been
waived by City unless such waiver is in a written instrument signed by City.
SECTION 16.
REMEDIES; NO WAIVER
16.01 Each right, power, and remedy of City provided for in this Lease shall be
Cumulative and concurrent and shall be in addition to every other right, power or rernedy
Page 13 of 17
provided for in this Lease or, unless prohibited by the terms hereof, now or hereafter
existing at law or in equity or by statue or otherwise shall not preclude the simultaneous
or later exercise by City of any or all such other rights, powers or remedies.
16.02 The failure to insist upon a strict performance of any of the covenant or
agreements herein set forth or to declare a forfeiture for any violation thereof shall not be
considered or relinquishment for the future of City's rights to insist upon a strict
compliance by Lessee with all the covenants and conditions hereof, or of City's right to
declare a forfeiture for violation of any covenants or conditions if such violation be
continued or repeated beyond the curative periods of time permitted in above.
SECTION 17.
INDEPENDENT CONTRACTOR
17.01 It is expressly understood and agreed that Lessee and Permitted Subtenant
shall operate as an independent contractor as to all rights and privileges granted herein,
and not as an agent, representative, or employee of City. Lessee and Permitted Subtenant
shall have the exclusive right to control the details of its operations and activities on the
Leased Premises and shall be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors, subcontractors, patrons, licensees and invitees.
Lessee acknowledges that the doctrine of respondeat superior shall not apply as between
City and Lessee or Permitted Subtenant, its respective officers, agents, employees,
contractors and subcontractors. Lessee further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Lessee or
Permitted Subtenant.
SECTION 18.
NON-DISCRIMINATION/DISABILITIES
18.01 Lessee, for itself, its personal representatives, successors in interest and
assigns, and Permitted Subtenants, as part of the consideration herein, agrees as a
covenant running with the land that no person shall be excluded from participation in or
denied the benefits of Lessee's or Permitted Subtenant's use of the Leased Premises on
the basis of race, color, national origin, religion, handicap, gender, sexual orientation or
familial status. Lessee further agrees for itself, its personal representatives, successors, in
interest and assigns and Permitted Subtenants. That no improvements or alterations to the
Leased Premises on grounds of race, color, national origins, religion, handicap, gender,
sexual orientation or familial status.
18.02 In signing this Agreement, Lessee certifies that at the time the Leased
Premises is occupied by Lessee or Permitted Subtenants and throughout the term of the
Lease and any additional tenancy, Lessee and Permitted Subtenants will comply with all
applicable provisions of the Americans with Disabilities Act of 1990, Public Law 191-
336, 42 United States Code 12101 et seq and all applicable Texas Accessibility
Requirements.
Page 14 of 17
SECTION 19.
LICENSES AND PERMITS
19.01 Lessee or Permitted Subtenants shall, at their sole expense, obtain and
keep in effect all licenses and permits necessary for their operations.
SECTION 20.
COMPLIANCE WITH COPYRIGHT LAW
20.01 Lessee and Permitted Subtenants agree to assume full responsibility for
complying with the Federal Copyright Law of 1978 (17 U.S.C. 101, et seq.) and any
Regulations issued thereunder including, but not limited to, the assumption of any and all
responsibilities for paying royalties which are due for the use of copyrighted works in
Lessee's or Permitted Subtenant's performances or exhibitions to the copyright owner, or
representative of and copyright owner, City expressly assumes no obligations, implied or
otherwise, regarding payment or collection of any such fees or financial obligations. City
specifically does not authorize, permit or condone the performance, reproduction or other
use of copyrighted materials by Lessee, or its agents or Permitted Subtenants without the
appropriate licenses or permission being secured by Lessee or Permitted Subtenant in
advance. It is further agreed that Lessee and/or Permitted Subtenant shall defend,
indemnify and hold City harmless for any claims arising from nonpayment to licensing
agencies, including, but not limited to ASCAP, BMI and SESAC or damages arising out
of Lessee's or Permitted Subtenant's infringement or violation of the Copyright Laws
and/or regulations. City expressly assumes no obligation to review or obtain appropriate
licensing and all such licensing shall be the exclusive obligation of the Lessee or
Permitted Subtenant. Lessee understands that Lessee or its Permitted Subtenants are
responsible for securing any and all licenses by artists/performers giving permission for
the recordings. Lessee and its Permitted Subtenants are responsible for both reporting and
payment of any music licensing fees that may be required by law.
20.02 Lessee understands and agrees that without the proper license obtained by Lessee
or Permitted Subtenant, there is a risk of an injunction or money damages arising from a
copyright lawsuit brought by ASCAP, BMI, SESAC or any other licensing agency.
SECTION 21.
HOMELAND SECURITY
21.01 If the United States Department of Homeland Security issues a Level
Orange or Level Red Alert, City, in its sole discretion, after consultation with Lessee,
may close the Leased Premises in the interest of public safety.
Page 1 5 of 17
SECTION 22.
NOTICES
22.01 All notices required or permitted under this Agreement may be given to a
party personally or by mail, addressed to such party at the address stated below or to such
other address as one party may from time to time notify the other in writing. Any notice
so given shall be deemed to have been received when deposited in the United States mail,
so addressed with postage prepaid:
LESSEE: President
Fort Worth Hispanic Chamber
1327 North Main Street
Fort Worth, TX 76106
CITY: Director
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With a copy to:
Denis McElroy
Assistant City Attorney
City Attorney's Office
1000 Throckmorton
Fort Worth, Texas 76102
Or to such other address as such party may hereafter designate by notice in writing
addressed and mailed or delivered to the other party hereto.
SECTION 23.
WAIVER, SECTION HEADINGS,AND SEVERABILITY
23.01 Neither this Lease nor any provision hereof may be changed, waived,
discharged, or terminated orally, except by an instrument in writing, signed by the
parties, This Lease shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
23.02 The headings in this Lease are inserted for reference only, and shall not
define or limit the provisions hereof.
23.03 This Lease may be executed in several counterparts, each of which shall
be an original, but all of which shall constitute one instrument.
Page 1 6 of 17
23.04 In the event that any clause or provision of this Lease shall be held to be
invalid by any court or competent jurisdiction, the invalidity of such clause or provision
shall not effect any of the remaining provisions hereof.
23.05 If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Lease or of Lessee's or Permitted Subtenant's operations on
the Leased Premises, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
23.06 This Lease expresses the entire understanding and all agreements of the
parties hereto with each other and neither party hereto has made or shall be bound by any
agreement or any representation to the other party which is not expressly set forth in this
Lease.
IN WITNESS WHERE the parties have executed this Lease Agreement in
multiples,this J L
_4�t day of. 2009.
CITY OF FORT WORTH FORT WORTH HISPANIC
J CHAM�PER OF COMMERCE
B
�
djarles W. Daniels Ros! -�avcj ar
Assistant City Manager President/CEO
L - I q�62—
Contract Authorization
ATTEST: I
Date
v
City Secr y
APPROVED AS TO FORM
AN�L,�E'GALIT Y4
V It
By:
Dents McElroy-,/
Assistant City tt�rney
I (DIFFICIA51 11:311—F CCOD-11RIUMI)k
C111F S E C RE i A W
Page 17 of 17
EXHIBIT "A"
FACILITIES CLEANLINESS STANDARDS
Overview
One of the City's Management Priorities and a Strategic Goal of the City Council of Fort
Worth emphasize ensuring quality customer service and providing a cleaner more
attractive City. Successful efforts will result in a sanitary, safe and pleasant environment
for our citizens, visitors and employees who come to or work in City facilities. In order
to establish general guidelines that will provide direction for our employees and
contractors, cleaning standards have been developed to address these concerns. The
standards are directed primarily at City buildings (example: community centers, public
events, city hall, etc.) that are frequented by the general public. These standards are
primarily a base and may be enhanced by the Department Head or his/her designee.
Standards may also be governed by licensing or professional organization policies. All
custodial personnel should be required to participate in effective custodial and product
training on a quarterly basis. It is also important to note, that the volume of usage will
dictate the frequency of each activity.
"Inspect what you expect!"
General (for all facilities)
Bulletin Boards, Windows and Doors
Daily:
• Designated staff conducts inspection of exterior and interior of facility.
Inspection should include:
Litter
Bird and other animal droppings
Outdated materials on bulletin boards
Brochure/Literature Racks
Light bulbs
Flyers, notices, etc. inappropriately taped or attached to doors and walls
Graffiti
Iii-Annually
• Wash/clean windows in facilities, inside and outside. Buildings with
multiple multi-storied windows (City Hall, Will Rogers, Convention
W
Center, etc)- contract for professional services
Exhibit A-Page 1 of 6
Parking Lots, Garages and Grounds
Daily:
• Inspect for litter, trash or other debris
• Pick up trash, etc.
• Empty trash receptacles, replace liners
Bi-Annually:
• Power wash surface/floors, walls
Entrances, Lobbies and Corridors
Daily:
• Empty waste baskets/receptacles, remove debris, shift and/or replace sand
in smoking urns (Note: If at all possible, locate smoking area away
from the entrance); police entrance for leaves, litter and remove
• Dust mop and wet mop tiled areas
• Vacuum carpeted areas and mats; remove gum and soiled spots
• Disinfect water fountains
• Clean entrance door glass
Weekly:
• Clean display cases and interior door glass
• Spot clean walls
• Dust lobby/reception area furniture, fire closets and extinguishers
• Restore floor finish on non-carpeted floors
Twice Monthly:
• Dust high vents, lights, blinds and wall surfaces
Restrooms and Locker Rooms
Daily:
• Empty waste baskets/receptacles and change liners
• Restock dispensers: soap, paper towel, toilet tissue and feminine hygiene
• Clean mirrors; clean and disinfect urinals and commodes; clean basins;
polish stainless steel and chrome surfaces
• Spot wash walls, lockers and partitions
• Sweep and wet mop floors with disinfect solution; ensure that the process
is started with a clean mop
Exhibit A-Page 2 of 6
Weekly:
• Damp clean and wipe/polish partitions
• Pour at least one gallon of clear water down floor drains
• Dust wall and ceiling vents
• Wipe/clean doors and wall the
Twice Monthly:
• De-scale fixtures
• Scrub or mop floor thoroughly
Offices and Lounges
Daily:
• Empty waste baskets/receptacles inside or placed outside office door
• Clean any inner-office restrooms following public restrooms standards
Weekly:
• Empty waste baskets/receptacles and change liners
• Dust cleared furniture tops, desk lamps and bookshelves
• Clean doors, door glass and telephone
• Dust mop and wet mop tiled floors
• Vacuum and remove spots from carpeted floors, fabric chairs and sofas
Monthly:
• Dust coat racks, clocks, window ledges, pipes, vents, blinds and any
Connecting vertical and horizontal wall surfaces
• Restore floor finish on non-carpeted floors
Classrooms, Auditoriums, Libraries and Reception Areas
Daily:
• Empty waste baskets/receptacles and replace liners
• Clean dry erase or chalk boards and trays
• Vacuum traffic patterns on carpeted floors: remove gum and soil spots
• Dust mop and wet mop tiled floors
• Clean glass in doors and partitions
Weekly:
• Dust furniture surfaces and damp clean tabletops
• Empty pencil sharpeners
• Vacuum carpeted areas thoroughly
• Clean door surfaces
'D,vice Monthly,
E=xhibit -Page of
• Restore floor finish on non-carpeted floors
Monthly:
• Dust high vents, lights, pipes, blinds and connecting vertical and
horizontal wall surfaces
• Vacuum upholstered chairs
Conference Rooms
Daily:
• Empty waste baskets/receptacles
• Clean dry erase and chalkboards and chalk trays
Three (3) Times Weekly:
• Vacuum traffic patterns on carpeted floors and remove gum and soil spots
• Dust mop and wet mop tiled floors
• Clean glass in doors and partitions
Weekly:
• Dust furniture surfaces and damp clean table tops
• Empty pencil sharpeners
• Vacuum carpeted areas thoroughly
• Clean door surfaces
Public Stairs
Daily:
• Dust mop and wet mop
Weekly:
• Dust handrails, radiators, window ledges, clean risers and ledges
Monthly:
• Dust high vents, lights, pipes, blinds and connecting vertical and
horizontal wall surfaces
Copy Rooms
Daily:
• Empty waste receptacles and replace liners
• Dust mop tiled floors
Exhibit A-Page 4 of 6
• Vacuum carpeted floors, remove gum and soil spots
Weekly:
• Thoroughly vacuum vents
• Clean door surfaces
Monthly:
• Dust clocks, window ledges and blinds, restore floor finish on non-
carpeted floors
Shower Stalls, Community Centers, Other Facilities
Daily:
• Remove foreign matter and soap. Clean disinfect floors
• Flush floor with clear water and squeegee dry
• Disinfect shower walls
• Clean beneath shower mats. Clean and disinfect mats
Twice Weekly:
• Clean handles, showerheads and other fixture hardware
• Scrub and disinfect shower room walls. Remove scum from walls
Break Rooms
Daily:
• Clean tabletops with disinfect
• Empty waste receptacles and replace liners
• Dust mop and wet mop tiled areas
• Vacuum carpeted areas and mats, remove gum and soil spots
• Disinfect drinking fountains
• Wipe chairs with damp sponge
Twice Monthly:
• Dust vents, lights, pipes and blinds
Gymnasiums,Activity Areas
Daily,
• Empty waste receptacles and replace liners
• Dust mop court floors and spot clean
• Dry mop gym floor with recommended product
• Clean glass in doors and partitions
• Clean and disinfect drinking fountains
• Remove gum and soil spots
• Dust mop and wet mop filed floors
Exhibit A-Page 5 of 6
• Spot clean walls
Weekly:
• Vacuum carpeted areas thoroughly
• Clean door surfaces
• Clean glass in doors and partitions
• Vacuum upholstered furniture. Clean all wooden and other furniture
• Spray and buff tiled floors-, remove scuff marks
Monthly:
• Dust or vacuum vents, lights, pipes, blinds, drapes, etc.
Exhibit —Page 6 of 6
Page I of I
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1012112008
DATE: Tuesday, October 21, 2008
LOG NAME: 80HISPCHAM08 REFERENCE NO.: **L-14662
SUBJECT:
Authorization to Enter into a Lease Agreement with the Fort Worth Hispanic Chamber of Commerce
for Office Space at the Northside Community Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a lease agreement with the
Fort Worth Hispanic Chamber of Commerce for designated office space at the Northside Community
Center.
DISCUSSION:
Since 2005, the Fort Worth Hispanic Chamber of Commerce (FWHCC) has leased office space at the
Northside Community Center to meet the needs of the Hispanic/Latino community in the areas of workforce
development, consumer health and awareness, education, business consultation, financial literacy
programs, and access to the Fort Worth Branch of the Counsel de Mexico. The FWHCC has requested
continuing the lease agreement for one year at $2,045.74 per year with two one-year options to renew
under the same terms and conditions.
The FWHCC plans to share the area with the Counsel de Mexico, Catholic Charities, Casa Immigrante,
Casa Chihuahua, Casa Zacatecas, and Banjercito. The office serves as a branch of the Dallas-based
Counsel de Mexico and is open each week from Tuesday through Saturday.
The Northside Community Center is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation,
the Parks and Community Services Department will be responsible for the collection and deposit of funds
received from this agreement.
TQ_Fund/Account/Centers FROM"Fund/Account/Centers
QQQI 465235 ,0800522 $2 0�57 4
Submitted for City Manager's Office ll;!� Charles W. Daniels (6183)
Richard Zavala (871-5704)
Additional Information Contact: Anthony Meyers (871955*177511
ofwm-t (ircy/i-nimoil nn(Am/_Pe-nnrfC/mr nrint Ai 2n 111/3/12008