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HomeMy WebLinkAbout065796 - General - Contract - Better Business Bureau Incorporated, of Austin, Texas dba BBB Heart of TexasCSC No. 65796 LEASE AGREEMENT FOR OFFICE SPACE JAMES E. GUINN SCHOOL BUILDING THIS LEASE AGREEMENT ("Lease") is made and entered into by and between the City of Fort Worth, a Texas home -rule municipal corporation ("Lessor"), acting by and through its duly authorized Assistant City Manager, and Better Business Bureau Incorporated, of Austin, Texas d/b/a BBB Heart of Texas, a Domestic Nonprofit Corporation ("Lessee"), acting by and through its duly authorized President and Chief Executive Officer. In consideration of the mutual covenants, promises and obligations contained herein, Lessor and Lessee agree as follows: 1. PROPERTY LEASED Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, approximately 1,159 square feet of office space designated as Suites No. 108 - 115 located on the first floor of the building known as the James E. Guinn School (the "Building") located at 11.50 South Freeway, Fort Worth, Texas 76104 ("Leased Area") and as depicted on Exhibit "A", attached hereto and made a part of this Lease. 2. TERM OF LEASE 2.1 The initial term of this Lease shall be a period of 5 years, starting on the Effective Date and expiring on September 30, 2031 ("Initial Term") unless terminated earlier as provided herein. 2.2 If Lessee performs and abides by all provisions and conditions of this Lease and is not in default, upon the expiration of the Initial Term, Lessee shall have two (2) consecutive options to renew this Lease each for a term of five (5) years (each a "Renewal Term") and at the then -current, fair market rental rate. Lessee must notify Lessor of its desire to exercise its renewal option in writing no less than ninety (90) calendar days prior to the expiration of the term currently in effect. 2.3 Either party may terminate this Lease for convenience after the second anniversary of the Initial Term by providing not less than one hundred twenty (120) calendar days' prior written notice. In the event Lessee terminates for convenience as provided herein, the Rent and other charges owed to Lessor shall be prorated through the effective date of the termination and Lessee shall have no liability for Rent attributable to the remaining term. 3. COMMON AREA The "Common Area" of the Building is that part of the Building designated by Lessor for the common use of all Building tenants including, but not limited to, other facilities, elevators, stairs, tunnels, halls, lobbies, delivery passages, drinking fountains, public toilets and the like all of which shall be subject to Lessor's sole management and control and shall be operated and maintained in such manner as Lessor, in its sole discretion, shall determine. Lessor reserves the Page 1 of 15 OFFICIAL RECORD Guinn School Lease Agreement — BBB Heart of Texas CITY SECRETARY FT. WORTH, TX right to change from time to time the dimensions and locations of the Common Area. Lessee and its employees and invitees shall have the nonexclusive right to use the Common Area with Lessor, other Building tenants, and other persons entitled to use the same. Use of the Common Area shall be subject to such reasonable rules and regulations governing its use as Lessor may from time to time prescribe. Lessee shall not take any action that would interfere with the rights of other persons to use the Common Area. Lessor may temporarily close any part of the Common Area for such period as is reasonably necessary to make alterations or repairs or conduct maintenance. 4. RENT 4.1 Lessee shall pay to Lessor, without demand and without deduction, abatement or setoff except as otherwise expressly provided for herein, the sum of $12.52 per square foot of the Leased Area per year. The total amount due from Lessee on or before the first day of each month of the Initial Tenn or any Renewal Term is One Thousand Two Hundred Nine and 22/100 Dollars ($1,209.22) ("Rent"). 4.2 All past due installments of Rent shall bear interest at the highest non -usurious rate permissible by law beginning from the date originally due until the date such past due Rent is received by Lessor. 5. USE Lessee is permitted to use the Leased Area solely for the purposes of office space. Lessee shall use the Leased Area for no other purpose without the prior written consent of Lessor. 6. MAINTENANCE, REPAIRS, AND CONDITION OF LEASED AREA 6.1. General Maintenance and Repairs by Lessee A. Lessee agrees to keep and maintain the Leased Area and all its fixtures in a good, clean and sanitary condition at all times. Lessee covenants and agrees that it will not make or suffer any waste of the Leased Area. Lessor will at Lessor's own expense, make all repairs necessary to the Leased Area except those caused by fire or other casualty covered by insurance on the Building under policies naming Lessor as the insured. Lessee shall be responsible for all damages caused by Lessee, its agents, servants, employees, contractors, subcontractors, licensees, or invitees and Lessee agrees to fully repair or otherwise cure all such damages at Lessee's sole cost and expense with the approval of and under the supervision of Lessor. B. 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 Area shall be at Lessee's sole risk or at the sole risk of those claiming under Lessee. Lessor shall not be liable for any damage to such property or loss suffered by Lessee's business or business operations which may be caused by the bursting, overflowing, or leaking of sewer or steam pipes or from water from any source whatsoever or from any heating fixtures, plumbing fixtures, electric wires, noise, gas or odors, or from causes of any other matter. Page 2 of 15 Guinn School Lease Agreement — BBB Heart of Texas C. Upon termination of this Lease, Lessee will surrender and deliver the Leased Area to Lessor in as near as possible to the same condition as it existed at the commencement of the Lease, excepting only ordinary wear and tear and damage arising from any cause required hereunder to be repaired at Lessor's expense. 6.2. inspection Lessor shall have the right, through its officers, agents, or employees, to inspect the Leased Area at any time. Lessor shall provide Lessee with advance notice of inspection when reasonable under the circumstances. 6.3. Performance if Lessee is responsible under this Lease for any maintenance or repairs, Lessor shall notify Lessee in writing and arrange for the maintenance and repair work to be completed within thirty (30) calendar days of receipt of such notice. Lessee will reimburse Lessor for the cost of the maintenance or repairs, and such reimbursement will be due on the date of Lessee's next monthly Rent payment following completion of the maintenance or repairs. 6.4. Lessee's Acceptance of the Leased Area Lessee acknowledges that it has inspected the Leased Area and Lessee's taking possession of the Leased Area shall be conclusive evidence that the Leased Area was in good order and satisfactory condition when Lessee took possession. No other promise of Lessor to alter, remodel, repair or improve the Leased Area or the Building, and no other representation respecting the condition of the Leased Area or the Building has been made by Lessor to Lessee. The Leased Area is being leased "as is", "where -is" and "with all faults"; and Lessor makes no warranty of any kind, express or implied, with respect to the Leased Area (without limitation, Landlord makes no warranty as to the merchantability, fitness for a particular purpose, habitability, suitability or tenantability of the Leased Area). By occupying the Leased Area, Lessee acknowledges that the same complies fully with Lessor's obligations hereunder. OBLIGATIONS OF LESSOR 7.1 Services Furnished Subject to the rules and regulations to which reference is hereinafter made, Lessor shall furnish to Lessee at Lessor's expense the following services during normal business hours of 8:00 a.m. to 5:00 p.m. on weekdays, except holidays, during the term of the Lease: A. Air conditioning and heating in season, at such times as Lessor normally furnishes these services to other tenants in the Building, and at such temperatures and in such amounts as are considered by Lessor to be standard, but such service outside normal business hours and on Saturdays, Sundays and holidays shall be furnished only at Lessor's discretion and upon a request from Lessee within a reasonable time beforehand; Page 3of15 Guinn School Lease Agreement — BBB Heart of Texas B. Hot and cold water at those points of supply provided for general use within the Building; C. Standard janitorial service in and about the Building, excluding the Leased Area; D. Elevators within the Building during such periods as are considered by Lessor to be standard; E. Facilities to furnish sufficient electrical power for standard lighting and standard office equipment; and F. Replacement of standard fluorescent and incandescent light bulbs in those lighting fixtures installed in the Building by Lessor. 7.2 No Eviction or Breach No interruption, moratorium or malfunction of any services, or failure of any machinery or equipment to operate for any cause whatsoever, shall constitute an eviction or disturbance of Lessee's use and possession of the Leased Area or Building or be considered a breach by Lessor of any of its obligations hereunder or render Lessor liable for damages or entitle Lessee to be relieved from any of its obligations hereunder (including the obligation to pay Rent) or grant Lessee any right of setoff or recoupment. However, in the event of any such interruption, Lessor shall use reasonable diligence during normal business hours to restore such service in any circumstances in which such restoration is within reasonable control of Lessor and the interruption was not caused by Lessee. Notwithstanding the foregoing, should an interruption of service continue for more than five (5) consecutive business days due to no fault of Lessee, then Lessee's Rent shall abate for the time that any portion of the Leased Area is not available for Lessee's business purposes. 7.3 Additional Services Should Lessee desire any additional services beyond those described in Paragraph 7.1 or rendition of any of such services outside the normal times of Lessor for providing such services, Lessor may (at Lessor's option), upon reasonable advance notice from Lessee to Lessor, furnish such services and Lessee agrees to pay Lessor such charges as may be agreed on between Lessor and Lessee, but in no event at a charge less than Lessor's actual cost plus overhead for the additional services provided. 8. ADDITIONS AND FIXTURES 8.1 Approval Required Lessee will make no alteration, change, improvement, repair, replacement or addition to the Leased Area without the prior written consent of Lessor. Page 4 of 15 Guinn School Lease Agreement — BBB Heart of Texas 8.2 Removal of Items Within ten (10) business days after the expiration or termination of this Lease, Lessee must remove its personal property not attached to the Building provided Lessee promptly repairs all damage caused by such removal. All property not removed from the Leased Area by the tenth (10th) business day after the expiration or termination of this Lease shall become the property of Lessor and with Lessee hereby waiving all its rights to any payment or compensation thereto. 9. ADDITIONAL OBLIGATIONS AND AGREEMENTS OF LESSEE Lessee shall abide by all the rules and regulations of the Building and the Leased Area as specifically outlined in Exhibit "B". 10. INSURANCE 10.1. fypes of Coverage and Limits Lessee shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified in this Section 10, naming the City of Fort Worth as an additional insured, and covering all risks related to the use, occupancy, and maintenance of the Leased Area. Failure to maintain the required insurance may result in termination of this Lease at the discretion of Lessor. Lessee shall obtain the following insurance coverage on a per occurrence basis and at the limits specified herein: A. Fire and Extended Insurance Coverage shall be maintained by Lessee related to all Lessee improvements and at the improvements' full replacement cost limit; B. Contents Insurance Coverage shall be maintained by Lessee to insure against loss of property owned by Lessee that is located within the Leased Area; and C. Commercial General Liability Insurance Coverage shall be maintained by Lessee in the amounts of $1,000,000.00 per occurrence or $2,000,000 in the aggregate. 10.2. AJustments to Required Insurance Coverage and Limits Insurance requirements, including additional types and limits of existing coverages are subject to change at Lessor's option and Lessee will comply with any such new requirements within thirty (30) days following notice from Lessor to Lessee. 10.3. Certificates of Insurance As a condition precedent to the effectiveness of this Lease, Lessee shall furnish Lessor with appropriate certificates of insurance signed by the respective insurance companies as proof that it has obtained the types and amounts of insurance coverage required herein. Lessee hereby covenants and agrees that not less than thirty (30) days prior to the expiration of any insurance policy required hereunder, it shall provide Lessor with a new or renewal certificate of insurance. In addition, Lessee Page 5of15 Guinn School Lease Agreement — BBB Heart of Texas shall, on demand, provide Lessor with evidence that it has maintained such coverage in full force and effect. 10.4. Additional Insurance Requirements Lessee shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to Lessor. The policy or policies of insurance shall be endorsed to cover all of Lessee's operations and to provide that no material changes in coverage including, but not limited to, cancellation, termination, non -renewal or amendment shall be made without thirty (30) days' prior written notice to Lessor. 10.5 Fire Or Other Casualty A. If at any time during the term the Leased Area or any portion of the Building or Common Area shall be damaged or destroyed by fire or other casualty, then Lessor shall have the election to terminate this Lease within one hundred twenty (120) days from the occurrence of such casualty or to repair and reconstruct the Leased Area, Common Area, or the Building to substantially the same condition in which it existed immediately prior to such damage or destruction, except that Lessor shall not be required to repair or reconstruct any personal property, furniture, trade fixtures or office equipment which is located in the Leased Area. B. In any of the aforesaid circumstances, Rent shall abate proportionally during the period and to the extent that the Leased Area are unfit for use by Lessee in the ordinary conduct of its business. If Lessor has elected to repair and restore the Leased Area to the extent stated above, this Lease shall continue in full force and effect and such repairs will be made within a reasonable time thereafter (not to exceed six months) subject to delays arising from shortages of labor or materials, acts of God, war or other conditions beyond Lessor's reasonable control. Should such repairs not be completed within such period, this Lease shall be terminated. In the event that this Lease is terminated as herein permitted, Lessor shall refund to Lessee any prepaid Rent (unaccrued as of the date of damage or destruction) less any sum owing to Lessor by Lessee. If Lessor has elected to repair and reconstruct the Leased Area to the extent stated above, then the term shall be extended by a period of time equal to the period of such repaid and reconstruction. C. Notwithstanding the provisions of Section 10.5(A) or 10.5(B), if the Leased Area or any other portion of the Building are damaged by fire or other casualty resulting from the fault or negligence of Lessee or any of Lessee's agents, employees, contractors, licensees or invitees, the Rent hereunder shall not be reduced during the repair of such damage and Lessee shall be liable to Lessor for the cost and expense of the repair and restoration of the Leased Area or the Building caused thereby to the extent such cost and expense is not covered by insurance proceeds. 11. INDEMNIFICATION LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEA TH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE Page 6 of 15 Guinn School Lease Agreement — BBB Heart of Texas UNDER THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE LEASED AREA, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESSAND DEFEND LESSOR, ITS OFFICERS, AGENTSAND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE LEASED AREA, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR ANYAND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICHARISES OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, IN VI TEES, PATRONS OR TRESPASSERS, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENTACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TO ANYPERSON ON THE LEASED AREA OR FOR HARM TO ANY PROPERTY WHICH BELONGS TO LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR PA TRONS, AND WHICH MAYBE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND LESSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LESSOR. 12. ASSIGNMENT AND SUBLETTING Lessee shall not assign, sell, convey, sublease or transfer any of its rights, privileges, duties or interests granted by this Lease without the advance written consent of Lessor. 13. DEFAULT AND REMEDIES 13.1. Lessor may terminate this Lease for an uncured Event of Default only after providing the written notice and expiration of the applicable cure period stated in this Section 13. 13.2 Each of the following acts or omissions of Lessee or occurrences shall constitute an ``Event of Default:" Page 7of15 Guinn School Lease Agreement — BBB Heart of Texas A. Failure or refusal by Lessee to timely pay Rent or other payments hereunder after having been notified in writing by Lessor that such Rent or other due payments have not been made. B. Failure by Lessee to perform or observe any other covenant or condition of this Lease and continuation of that failure for thirty (30) calendar days after written notice from Lessor; provided that if the failure cannot reasonably be cured within thirty (30) days as mutually agreed by the parties in good faith, Lessee shall have an additional thirty (30) days to cure. C. Abandonment or vacating of the Leased Area or any significant portion thereof for a period in excess of ninety (90) days. D. The filing or execution or occurrence of: (i) a petition in bankruptcy or other insolvency proceeding by or against Lessee; (ii) a petition or answer seeking relief under any provision of the Bankruptcy Act; (iii) an assignment for the benefit of creditors or composition; (iv) a petition or other proceeding by or against Lessee for the appointment of a trustee, receiver or liquidator of Lessee or any of Lessee's property; or (v) a proceeding by any governmental authority for the dissolution or liquidation of Lessee. 13.3 This Lease, and the leasehold hereby granted is subject to the limitation that if and whenever any Event of Default shall occur Lessor may at its option in addition to all other rights and remedies given hereunder or by law or equity do any one or more of the following: A. Terminate this Lease, in which event Lessee shall immediately surrender possession of the Leased Area to Lessor; B. Enter upon and take possession of the Leased Area and expel or remove Lessee or any other occupant therefrom, with or without having terminated the Lease; or C. Alter locks and other security devices at the Leased Area. 13.4 Exercise by Lessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Leased Area by Lessee, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Lessor and Lessee. No such alteration of security devices and no removal or other exercise of dominion by Lessor over the property of Lessee or others at the Leased Area shall be deemed unauthorized or constitute a conversion, Lessee hereby consenting, after any Event of Default, to the aforesaid exercise of dominion over Lessee's property within the Building. All claims for damages by reason of such re-entry and/or repossession and/or alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. Lessee agrees that any re-entry by Lessor may be pursuant to judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Lessor may elect, and Lessor shall not be liable in trespass or otherwise. Page 8 of 15 Guinn School Lease Agreement — BBB Heart of Texas In the event Lessor terminates this Lease because of an Event of Default, Lessee shall remain liable for Rent and other amounts stated in this Lease and as may be available to Lessor at law or in equity. 13.5 In the case of an Event of Default, Lessee shall be liable for and shall pay to Lessor, in addition to any sum provided to be paid above: (i) broker's fees incurred by Lessor in connection with leasing the whole or any part of the Leased Area; (ii) cost of removing and storing Lessee's or other occupant's property; (iii) the cost of repairing, altering, remodeling or otherwise putting the Leased Area into condition acceptable to a new Lessee; and (iv) all expenses incurred by Lessor in enforcing Lessor's remedies, including reasonable attorneys' fees. Past due Rent and other past due payments shall bear interest at the highest non -usurious rate chargeable by Lessor from the date originally due to the date payment is received by Lessor. 13.6. If Lessee should fail to make payment or cure any Event of Default hereunder within the time herein permitted, Lessor, without being under any obligation to do so and without thereby waiving such default, may make such payment and/or remedy such other Event of Default for the account of Lessee (and enter the Leased Area for such purpose) and thereupon Lessee shall be obligated to and hereby agrees to pay Lessor, upon demand, as additional Rent hereunder, all costs, expenses and disbursements (including reasonable attorneys' fees) incurred by Lessor in taking such remedial action. 13.7. A default by Lessee shall exist only if Lessee fails to cure within the applicable period stated in this Section 13. If Lessor materially defaults and fails to cure within thirty (30) calendar days after written notice, or within an additional thirty (30) days if Lessor begins and diligently pursues the cure as mutually agreed by the parties in good faith, Lessee may terminate this Lease and exercise any other remedies available at law or in equity. 14. LIENS BY LESSEE Lessee acknowledges that it has no authority to engage in any act or to make any contract that may create or be the foundation for any lien upon the property or interest in the property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and expense, shall liquidate and discharge the same within thirty (30) days of such creation or filing. Lessee's failure to discharge any such purported lien shall constitute a breach of this Lease and Lessor may terminate this Lease immediately. However, Lessee's financial obligation to Lessor 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. 15. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Lessee covenants and agrees that it shall not engage in any unlawful use of the Leased Area. Lessee further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Leased Area and Lessee immediately shall remove from the Leased Area any person engaging in such unlawful activities. Unlawful use of the Leased Area by Lessee shall itself constitute an immediate breach of this Lease. Page 9 of l5 Guinn School Lease Agreement — BBB Heart of Texas Lessee agrees to comply with all federal, state, and local laws and all ordinances, policies, rules and regulations of the City of Fort Worth. Upon notification to Lessee or any of its officers, agents, employees, contractors, subcontractors, licensees or invitees of any violation of such laws, ordinances, rules or regulations, Lessee shall immediately cease all non -compliant activity. 16. NON-DISCRIMINATION COVENANT Lessee, for itself, its personal representatives, successors in interest and assigns, 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 use of the Leased Area on the basis of race, color, national origin, religion, handicap, sex, sexual orientation, gender identity, gender expression, transgender, or familial status. Lessee further agrees for itself, its personal representatives, successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or alterations to the Leased Area on grounds of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Lessee agrees to furnish its accommodations and to price its goods and services on a fair and equal basis to all persons. If any claim arises from an alleged violation of this non-discrimination covenant by Lessee, its personal representatives, successors in interest or assigns, Lessee agrees to indemnify Lessor and hold Lessor harmless. 17. LICENSES AND PERMITS Lessee shall, at its sole expense, obtain and keep in effect all licenses and pennits necessary for the operation of its business. 18. NO WAIVER The failure of Lessor to insist upon the performance of any term or provision of this Lease or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist upon appropriate performance or to assert any such right on any future occasion. 19. VENUE AND JURISDICTION Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Lease or by Lessee's operations on the Leased Area, 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. This Lease shall be construed in accordance with the laws of the State of Texas. 20. ATTORNEYS' FEES In any action brought by Lessor or Lessee for the enforcement of the obligations of the other party under this Lease, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees arising from such action. Page 10 of 15 Guinn School Lease Agreement — BBB Heart of Texas 21. SEVERABILITY If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 22. FORCE MAJEURE Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations as set forth in this Lease, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other cause beyond the reasonable control of the parties. 23. HEADINGS NOT CONTROLLING Headings and titles used in this Lease are for reference purposes only and shall not be deemed a part of this Lease. 24. ENTIRETY OF AGREEMENT This written instrument, including any documents incorporated herein by reference, contains the entire understanding and agreement between Lessor and Lessee, its assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing and signed by both parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] Page 11 of 15 Guinn School Lease Agreement — BBB Heart of Texas IN WITNESS WHEREOF, the parties hereto have executed this Lease on this I day of CCJt%2J—iQ , 2026 ("Effective Date"). LESSOR City of Fort Worth Valerie Washington (Sep 8, 2026 14:31:25 CDT) Valerie Washington Assistant City Manager LESSEE Better Business Bureau Incorporated, of Austin, Texas d/b/a BBB Heart of Texas Dr. Carrie Angell President & Chief Executive Officer City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Or: Fernandez (Sep 8,202611:06:06 CDT) Ori Fernandez Assistant Director, Economic Development APPROVED AS TO FORM AND LEGALITY: Michael Doss (Sep 8, 2026 12:53:15 CDT) Michael Doss Sr. Assistant City Attorney un O4 ATTEST: pro=a Q°aIl nEXP?ad` Jannette Goodall City Secretary M&C: 26-0666 Form 1295: 2026-1482559 Page 12 of 15 Guinn School Lease Agreement — BBB Heart of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" Leased Area ,rm 01 OVERALL FLOOR PLAN 118 = T -m Page 13 of l5 Guinn School Lease Agreement — BBB Heart of Texas