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HomeMy WebLinkAboutContract 38424 IA CON-T- O{ 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. w Page P of 17 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. Page 2 of 17 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. Page 3 of 17 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 Page 4 of 17 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, Page 5 of 17 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. Page 6 of 17 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 Pa p-e 7 of 17 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, Page 8 of 1 7 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 Wage 9 of 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. Page 10 of 17 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. Page I I of 177 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. Pace 12 of 17 C� 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