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HomeMy WebLinkAboutContract 46325 ;1T'Y`SECRETARY CONTRACT NO. 7 COMMERCIAL LEASE AGREEMENT ARTICLE ONE: 1.01 Date of Lease: October 1, 2014 1.02 Landlord: Mary Hartman 8345 Eagle Mountain Circle Fort Worth, TX 76135 1.03 Lessee: City of Fort Worth 1.04 Property: Approx. 1,664 square feet of space situated at 920 Roberts Cut Off Fort Worth, TX 76135 Legal Description: A part of Lots 7D & 8A Forest Acres Addition to the City of River Oaks, Tarrant County, TX. 1.05 Lease Term: 12 months, commencing on the 1 st day of October, 2014 and ending on the 30"'day of September, 2015. 1.06 Rent: $925.00 per month. 1.07 Security Deposit: NONE 1.08 Last Month's Rent Payable in advance: NONE 1.09 Permitted Use: Social Services Office (see Section 4.01) 1.10 Base Year for Taxes: Not Applicable 1.11 Rent to be paid to: Mary Hartman 8345 Eagle Mountain Circle Fort Worth, TX 76135 1.12 Daily Late Charged: Ten Dollars and No/100 ($10.00) Per Day (See Section 3.02) 1:13 Principal Realtor: NONE 1:14 Cooperating Realtor: NONE 2�pp(� f�� �q E voR— U fllly g 1:15 Realtors Commissions: NONE -- RECEIVED _� h� 0 8 A,M, Page 1 of 11 ARTICLE TWO: LEASE AND LEASE TERM 2.01 Lease of Property. Landlord hereby leases the Property to Tenant and Tenant hereby leases the Property from Landlord for the Lease Term stated in Section 1.05. As used herein, the "Commencement Date" shall be the date specified in Section 1105 for the beginning of the Lease Term. 2.02 Early Occupancy. If Tenant occupies the Property prior to the Commencement Date, Tenant's occupancy of the Property shall be subject to all the provisions of this Lease. Early occupancy of the Property shall not advance the expiration date of this Lease. 2.03 Holding Over. Tenant shall vacate the Property upon the expiration or earlier termination of this Lease. Tenant shall reimburse Landlord for Landlord all damages incurred by Landlord from any delay by Tenant in vacating the Property. If Tenant does not vacate the Property upon the expiration or earlier termination of this Lease, Tenant's occupancy of the Property shall be a "month-to-month"tenancy, subject to all the terms and provision applicable to a month-to-month tenancy. 2.04 Non-appropriations. This Lease shall terminate in the event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of Lessee hereunder. Termination shall be effective as of the last day of the fiscal period for which sufficient funds were appropriated or upon expenditure of all appropriated funds, whichever comes first. Termination pursuant to this non-appropriation clause (1) is not an event of default and (2) shall be without further penalty or expense to either party. 2.05 Grant Funds. This Lease is funded by grant funds received by Lessee from Tarrant County and the Texas Department of Housing and Community Affairs. This Lease shall terminate in the event that the Lessee shall not receive sufficient grant funds to satisfy any obligation of Lessee hereunder. Termination shall be effective as of the last day on which sufficient grant funds were available to Lessee. Termination pursuant to this non-appropriation clause (1) is not an event of default and (2) shall be without further penalty or expense to either party. ARTICLE THREE: RENT AND SECURITY DEPOSIT 3.01 Rent. Tenant agrees to pay rent for the Property at the rate specified in Section 1.06. One monthly rental installment shall be due and payable on or before the same day of the second calendar month of the Lease Term as the Commencement Date, and a like monthly installment shall be due and payable on or before the same day of each succeeding calendar month during the Lease Term. All rent shall be paid to the party designated in Section 1.11 at the address stated herein for such party. 3.02 Late Charge. If any rent due hereunder is not received within five (5) days after its due date, Tenant shall pay the party named in Section 1.11 above a late charge equal to the sum stated in Section 1.12 above for each day from its due date until such delinquent sum is received. The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of such late payment. Page 2 of 11 ARTICLE FOUR: USE OF PROPERTY 4.01 Permitted Use. Tenant may use the Property only for the Permitted Use stated in Section 1.09. 4.02 Compliance with Law. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Property, and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances on or upon or connected with the Property, all at Tenant's sole expense. 4.03 Signs. Without the prior written consent of Landlord, Tenant shall not place or affix any signs or other object upon or to the Property, including but not limited to the roof or exterior walls of the building or other improvements thereon, or paint or otherwise deface said exterior walls. Any signs installed by Tenant shall conform to applicable laws and deed and other restrictions. Tenant shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused or revealed by such removal. 4.04 Utilities. Tenant shall pay the cost of all utility services, including but not limited to initial connection charges, all charges for gas, water, and electricity use on the Property and for all electric lights, lamps and tubes. 4.05 Landlord's Access. Landlord and its authorized agents shall have the right, during normal business ours, to enter the Property and any buildings and other improvements thereon to view, inspect,repair or show the Property. Notwithstanding the above, given the sensitive nature of confidential materials handled by Tenant at this location, Landlord and all others having access pursuant to this Section 4.05 to any portion of the Property shall not enter the Property unless accompanied by a representative of Tenant. Tenant shall make a representative available immediately upon request of Landlord. 4.06 Interruption of Service. Interruption or curtailment of services furnished to the Property, if caused by strikes, mechanical difficulties, or any cause beyond Landlord's control, whether similar or dissimilar to those enumerated, shall not entitle Tenant to any claim against Landlord or to any abatement in rent, nor shall the same constitute constructive or partial eviction, unless Landlord fails to take such measures as may be reasonable in the circumstances to restore the service without undue delay. If the Property are rendered untenantable in whole or in part for fifteen (15) business days because of such interruption or curtailment of services (other than caused by any act or omission of Tenate or its invitees, employees or customers) there shall be a proportionate abatement of rent during the period of such untenantability. 4.07 Exemptions from Liability. Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Property, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas, or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising on or about the Property or upon other portions of any building of which the Property is a part. The provisions of this Section 4.07 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. Page 3 of 11 4.08 Parking. Tenant shall make a reasonable effort to ensure that their employees and customers/clients park in the areas to the front and side of their portion of this building and not encroach on other tenant's spaces. If Landlord notifies Tenant that additional parking spaces are needed, Tenant agrees to require their employees to park in the large parking lot to the southeast side of the Edward Jones office. ARTICLE FIVE: MAINTENANCE, REPAIRS AND ALTERATIONS 5.01 Acceptance of Property. Tenant acknowledges that Tenant has fully inspected the Property. Tenant hereby accepts the Property and the buildings and improvements situated thereon, as suitable for the purpose for which the same are leased, in their present condition (including all latent or environmental defects or risks), with such changes therein as may be caused by reasonable deterioration between the date hereof an the Commencement Date; provided that Landlord agrees to (a) repair promptly any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, air conditioning or heating equipment or doors that are not in good working condition on the Commencement Date of which Tenant delivers written notice to Landlord within thirty days after the Commencement Date; and(b)make any additional repairs and alterations necessary for Tenant to obtain a Certificate of Occupancy from the municipality in which the Property is located, except for those repairs and alterations required solely because of the nature of Tenant's business. Landlord expressly disclaims and Tenant waives any and all warranties (including the warranty of suitability), representations and obligations of Landlord or Landlord's agents that are not expressly stated herein. 5.02 Maintenance and Repairs by Landlord. Landlord shall at its expense maintain only the roof, foundation, underground pipes, all outside plumbing and the structural soundness of the exterior wall (excluding all windows, window glass, plate glass, and all doors) of the improvements on the Property in good repair and condition, except for reasonable wear and tear and any damage caused by the act or omission of Tenant, or Tenant's invitees, employees or customers. Tenant shall give immediate written notice to Landlord of the need for repairs or corrections and Landlord shall proceed promptly to make such repairs or corrections. 5.03 Maintenance and Repairs by Tenant. Tenant shall at its expense maintain all other parts of the improvements on the Property in good repair and condition, including but not limited to repairs (including all necessary replacements) to the interior plumbing, windows, window glass, plate glass, doors, maintain heating and air-conditioning unit (installed July 1999), fire protection, sprinkler system, elevators, and the interior of the said improvements in general. Provided, however that if Tenant occupies a portion of a multi-tenant building, then Landlord shall maintain the landscaping, grass areas, outside paving or railroad siding, if any. In the event Tenant should neglect reasonably to maintain the Property, Landlord shall have the right (but not the obligation) to cause repairs or corrections to be made and any reasonable costs therefore, as evidenced by invoices provided to Tenant, shall be payable by Tenant to Landlord as additional rental on the next rental payment due date. Upon termination of this Lease Tenant shall deliver up the Property in good repair and condition, reasonable wear and tear, and damage by fire, windstorms or other casualty excepted. Tenant shall repair any damage caused by Tenant's act or omission, or the act or omission of Tenant's invitees, employees or customers. Page 4 of 11 5.04 Alterations. Tenant shall not create any openings in the roof or exterior wall, or make any alterations, additions or improvements to the Property without the prior written consent of Landlord. Consent to nonstructural alterations, additions or improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to erect or install shelves, bins, machinery, air conditioning or heating equipment and trade fixtures, provided that Tenant complies with all applicable governmental laws, ordinances and regulations. At the expiration or termination of this Lease, Tenant shall, subject to the restrictions of Section 5.05 below, have the right to remove such items so installed by it, provided Tenant is not in default at the time of such removal and provided further that Tenant shall, at the time of removal of such items, repair in a good and workmanlike manner any damage caused by installation or removal thereof. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the Property and shall not permit a mechanic's or materialman's lien to be asserted against the Property. 5.05 Condition Upon Termination. Upon the termination of this Lease, Tenant shall surrender the Property to Landlord, broom clean and in the same condition as received except for ordinary wear and tear which Tenant was not otherwise obligated to remedy under any provision of this Lease. However, Tenant shall not be obligated to repair any damage, which Landlord is required to repair under Article Five. In addition, Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made with Landlord's consent) prior to the termination of this Lease and to restore the Property to its prior condition, all at Tenant's expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease. In no event however, shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixture; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operations equipment and decorations. ARTICLE SIX: INSURANCE AND INDEMNITY 6.01 Property Insurance. Landlord agrees to insure the Property, but not including Tenant's personal property items or contents. Such insurance shall provide protection for liability, fire and casualty, and property damage for the property owned by Landlord, situated at, and including, the Property. Verification of this coverage shall be provided to Lessee prior to the execution of this Lease. Tenant assumes no liability or financial obligation for the acquisition or maintenance of such insurance, except for insuring its personal property and contents. All costs incurred during the course of insuring the Property shall be borne solely by the Landlord. Tenant shall not keep anything upon the Property or do anything in or about Property except the usage specified herein, which will increase the rates for fire and standard extended coverage insurance upon the building or buildings which are a part of the Property Tenant agrees to pay on demand any increase in insurance premiums that may be charged to Landlord during the term of this Lease resulting from a deviation from the usage specified herein or from any other cause within Tenant's control. Tenant shall be responsible for maintaining insurance on Tenant's equipment and other personal property located on the Property. Page 5 of 11 6.02 Liability Insurance. The Landlord understands that Tenant is self-insured and Tenant will provide a letter to Landlord,upon request, indicating the same. 6.03 Waiver of Subrogation. Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents or representatives of the other, for loss or damage to its property, or the property of others under its control, if such loss of damage is covered by any insurance policy in force (whether or not described in this Lease) at the time of such loss or damage; provided, however, such waiver is made only on the condition that it does not adversely affect the right of the insured to recover under the applicable insurance policy or policies. Upon obtaining the policies of insurance described in this Lease, Landlord and Tenant shall give notice to the insurance carrier or carriers of the foregoing mutual waiver of subrogation and shall use such insurance policies to be properly endorsed, if necessary, to prevent the invalidation of the insurance coverage by reason of such mutual waiver. ARTICLE SEVEN: ASSIGNMENT AND SUBLETTING Tenant shall not assign this agreement or sublet the Property, or any part thereof without the consent of the Landlord in writing, which consent Landlord agrees it will not unreasonably withhold, but no assignment or subletting shall release Tenant from any obligations hereunder. ARTICLE EIGHT: DAMAGE OR DESTRUCTION In the event the building or other improvement situated on the Property are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord may repair the damage and restore such building or other improvements to substantially the same condition as immediately prior to the casualty. Such repairs shall be made at Landlord's expense unless due to the act or omission of Tenant or Tenant's invitee, employees or customers. Landlord shall allow Tenant a fair reduction of rent during the time such building or other improvements are partially unfit for occupancy. If the building or other improvements situated on the Property are totally destroyed or deemed by Landlord to be rendered unfit for occupancy by fire or other casualty, or if Landlord shall decide not to repair or rebuild this Lease shall terminate and the rent shall be paid to the date of such casualty. ARTICLE NINE: DEFAULT AND REMEDIES 9.01 Default. The following events shall be deemed to be events of default under this Lease: a. Failure of Tenant to pay any installment of the rent or other sum payable to Landlord hereunder on the date that same is due and such failure shall continue for a period of ten(10) business days after written notice thereof to Tenant; b. Failure of Tenant to comply with any term, condition or covenant of this Lease, other than the payment of rent or other sum of money and such failure shall not be cured within thirty(30) days after written notice thereof to Tenant; c. Tenant shall make an assignment for the benefit of creditors; and d. Abandonment by Tenant of any substantial portion of the Property or cessation of the use of the Property for the purpose leased. Page 6 of 11 9.02 Remedies. Upon the occurrence of any of the events of default listed in Section 9.01, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever; a. Terminate this Lease, in which event Tenant shall immediately surrender the Property to Landlord. If Tenant fails to so surrender the Property, Landlord may, without prejudice to any other remedy, which it may have for possession of the Property or arrearages in rent, enter upon and take possession of the Property and expel or remove Tenant and any other person who may be occupying such Property or any part thereof. Landlord may hold Tenant liable for all rent and other indebtness accrued to the date of such termination,plus, as liquidated damages and not as a penalty, an amount equal to the then present value of rent provided for hereunder for the remaining portion of the Lease Term (had this Lease not been terminated) using a ten (10%) percent value discount factor. In the event Landlord elects to terminate this Lease by reason of an event of default, in lieu of recovering from Tenant under the preceding sentence, Landlord may hold Tenant liable for the amount of all loss and damage which Landlord may suffer by reason of such termination, whether through inability to relet the Property on satisfactory terms or otherwise. b. Enter upon and take possession of the Property without terminating this Lease, and expel or remove Tenant and any other person who may be occupying the Property or any part thereof. Landlord may relet the Property and receive the rent thereof. c. Enter upon the Property without terminating the Lease, and do whatever Tenant is obligated to do under the terms of this Lease. Tenant agrees to pay Landlord on demand for actual and reasonable expenses which Landlord may incur in this effecting compliance with Tenant's obligations under this Lease, as evidenced by invoices or other sufficient proof presented to Tenant, together with interest thereon at an annual simple interest rate of three percent above the United States Federal Reserve discount rate in effect at the time from the date expended until paid. Landlord shall not be liable for any damages resulting to Tenant from such action, whether caused by negligence of Landlord or otherwise. d. Tenant is presumed to have abandoned the Property if Tenant's goods, equipment, or other property are removed from the Property in an amount substantial enough to indicate a probable intent to abandon the Property and such removal is not within the normal course of Tenant's business. In the event that Tenant is presumed to have abandoned the Property, Landlord may remove and store any property of Tenant that remains on the Property. Landlord may store such property at any location satisfactory to Landlord. Landlord may dispose of such stored property after the expiration of sixty (60) days from the date such property is so stored. Landlord shall deliver by certified mail to Tenant at Tenant's last known address as shown by Landlord's records a notice stating that Landlord may dispose of Tenant's property if Tenant does not claim the same within sixty(60) days after the date the property was stored. e. In the event Tenant is in default under this Lease by reason of Tenant's failure to pay rent as set forth above then Landlord may, at Landlord's option, change all door locks and leave a written notice on a door to the Property stating the name and address or Page 7 of 11 telephone number of the individual from whom a new key can be obtained during Tenant's regular business hours, which are defined for this purpose as being between 8:00 a.m. and 5:00 p.m. on Monday through Friday of each week. f. Upon the occurrence of any of such events of default, Landlord may enter upon and take possession of the Property by force, if necessary, without being liable for prosecution of any claim for damages therefore. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provide by law, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, condition and covenants herein contained. ARTICLE TEN: REALTOR'S COMMISSIONS DELETED BY AGREEMENT OF THE PARTIES ARTICLE ELEVEN: CONDEMNATION Landlord shall notify Tenant if Landlord receives notice of any potential condemnation of the Property of portion hereof. If all or any portion of the Property is taken under the power of eminent domain or sold under the threat of that power (all of which are called "Condemnation"), this Lease shall terminate as to the p art taken or sold on the date the condemning authority takes title or possession, whichever occurs first. If more than 20 percent (20%) of the floor area of the building in which the Property is located, or which is located on the Property, is taken, either Landlord or Tenant may terminate this Lease as of the date the condemning authority takes title or possession, by delivering written notice to the other within ten (10) days after receipt of written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority takes title possession). If neither landlord nor Tenant terminates this Lease,this Lease shall remain in effect as to the portion of the Property not taken, except that the rent shall be reduced in proportion to the reduction in floor area of the Property. Any Condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgage or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the Property; (b) second, to Tenant, only the amount of any award specifically designated for loss of or damage to Tenant's trade fixture or removable personal property; and (c) third, to Landlord the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. If this Lease is not terminated, Landlord shall repair any damage to the Property caused by the Condemnation, except the Landlord shall not be obligated to repair any damage for which Tenant has been reimbursed by the Condemning authority. If the severance damages received by Landlord are not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease or make such repair at Landlord's expense. ARTICLE TWELVE: TAXES 12.01 Payment by Landlord. Landlord shall pay the real estate taxes on the Property during the Lease Term. Page 8 of 11 ARTICLE THIRTEEN: LANDLORD'S LIEN DELETED BY AGREEMENT OF THE PARTIES ARTICLE FOURTEEN: SUBORDINATION, ATTORNMENT AND NON-DISTRUBANCE 14.01 Subordination, Landlord shall have the right to subordinate this Lease to any ground Lease, deed of trust or mortgage encumbering the Property, and advances made on the security thereof and any renewals, modifications, consolidations, replacements or extensions thereof, whenever made or recorded. However, Tenant's right to quiet possession of the Property during the Lease Term shall not be disturbed if Tenant pays the rent and performs all of Tenant's obligations under this Lease and is not otherwise in default. If any ground lessor, beneficiary or mortgagee elects to have this Lease prior to the lien on its ground lease, deed of trust or mortgage and gives written notice thereof to Tenant, this Lease shall be deemed prior to such ground lease, deed of trust or mortgagee whether this lease is dated prior or subsequent to the date of said ground lease, deed of trust or mortgage or the date of recording thereof. 14.02 Attornment. If Landlord's interest in the Property is acquired by any ground lessor, beneficiary under a deed of trust, mortgage or purchase at a foreclosure sale, Tenant shall generally attorn to the transferee of or successor to Landlord's interest in the Property and recognize such transferee or successor as Landlord under this Lease. Tenant reserves the protection of any statute or rule of law which gives or purports to give Tenant any right to terminate this Lease or surrender possession of the Property upon the transfer of Landlord's interest. 14.03 Estoppel Certificates. Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying (i) that none of the terms or provisions of this lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the rent and other charges and the time period covered by such payment; and (iv)that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, stating why). Tenant shall deliver such statement to Landlord within ten (10) business days after Landlord's request. Any such statement by Tenant may be given by Landlord to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. ARTICLE FIFTEEN: MISCELANEOUS 15.01 Exhibits. All exhibits, attachments, annexed instruments and addenda referred to herein shall be considered a part hereof for all purposed with the same force and effect as if copied at full length herein. 15.02 Interpretation. Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires. In any provision relating to the conduct, acts or omissions of Tenant, the term "Tenant" agents, employees, contractors, invitees, successors, permitted assigns or others using the Property with Tenant's expressed or implied permission. Page 9 of 11 15.03 Captions. The captions or heading or paragraphs in the Lease are inserted for convenience only, and shall not be considered in construing the provisions hereof if any questions of intent should arise. 15.04 Waivers. All waivers must be in writing and signed by the waiving party. Landlord's failure to enforce any provision of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Landlord from enforcing that provision or any other provisions of this Lease in the future. No statement on a check from Tenant or in a letter accompanying a payment check shall be binding on Landlord. Landlord may, with or without notice to Tenant, negotiate such check without being bound to the conditions of such statement. 15.05 Severability. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Lease,which shall remain in full force and effect. 15.06 Joint and Several Liability. All parties signing this Lease as Tenants shall be jointly and severally liable for the obligations of Tenant. 15.07 Incorporation of Prior Agreements; Modifications. This lease is the only agreement between the parties pertaining to the lease of the Property and no other agreements are effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void. 15.08 Binding Effect. The terms, conditions and covenants contained in the Lease, shall apply to, inure to the benefit of, and be binding upon the parties hereto and their respective heirs, representatives, successors and permitted assigns, except as otherwise herein expressly provided. All rights powers, privileges, immunities and duties of Landlord under this Lease including but not limited to any notices required or permitted to be delivered by Landlord to Tenant hereunder, may, at Landlord's option, be exercised or performed by Landlord's agent or attorney. 15.09 Notices. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or not when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to parties hereto at the respective addresses stated herein, or at such other addresses as they have therefore specified by written notice delivered in accordance herewith. Notices to Tenant shall be delivered to address specified on the signature page hereof, except that, upon Tenant's taking possession of the Property, the Property address shall be Tenant's address for notice purposes. 15.10 Force Majeure. In the event performance by Landlord of any term, condition or covenant in this Lease is delayed or prevented by any Act of God, strike, lockout, shortage of material or labor, restriction by any governmental authority, civil riot, flood or any other cause not within the control of Landlord, the period of performance of such term, condition or covenant shall be extended for a period equal to the period Landlord is so delayed or hindered. 15.11 Time of Essence. Time is of the essence of this Lease. Page 10 of 11 ARTICLE SIXTEEN: SPECIAL PROVISIONS AND RIDERS. Special provisions may be set forth in the blank space and/or on a rider or riders attached hereto. If no additional provisions are to be inserted in the blank space below,please draw a line through such space. If no rider or riders are to be attached hereto,please state "No Riders in the blank space below. If a rider or riders are to be attached hereto, please state in the blank space below: "See Rider or Riders Attached," and please have Landlord and Tenant initial all such riders. EXECUTED as of the date stated in Section 1.01 above. LANDLORD TENANT/CITY OF FORT WORTH Signature SigA4tujr By: Mary Hartman By: Susan Alanis TITLE: Landlord TITLE: Assistant City Manager ADDRESS: 8345 Eagle Mountain Cir. ADDRESS: 1000 Throckmorton Street Fort Worth, TX. 76135 Forth Worth, TX 76102 ATTEST: FO? ° o° b� k4 Xityyecretary % S )[ APPROVED AS TO FORM AND LEGALITY sistant City Attorne OFFICIAL RECORD M&C C-27063 CITY SECRETARY Date: October 28,2014 FT.WORTH,TX Page 11 of 11 M&C Review Page 1 of 2 Official e of the City of • Worth, CITY COUNCIL AGENDA 'f�RT 11 COUNCIL ACTION: Approved on 10128/2014-Ordinance No. 21517-10-2014 DATE: 10128/2014 REFERENCE NO.: **C-27063 LOG NAME: 80TARRANT2015 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Funds and Execution of an Agreement with Tarrant County in the Amount Up to $30,000.00 for Fiscal Year 2015 for the Operation of the Far Northwest and Southeast Community Action Partners Centers, Authorize Execution of a Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center, Authorize Execution of an Amendment to City Secretary Contract No. 39359, a Lease Agreement with Andrews-Dillingham Properties, LTD., for the Far Southeast Community Action Partners Center to Extend the Lease Term for an Additional Five Years and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of funds and execution of an Agreement with Tarrant County for Fiscal Year 2015 in the amount up to$30,000.00 for the operation of the Far Northwest Community Action Partners Center and the Far Southeast Community Action Partners Center; 2. Authorize the execution of a one-year Lease Agreement with Mary Hartman for the Far Northwest Community Action Partners Center in the amount of$11,100.00, with the lease term beginning on October 1, 2014 and ending on September 30, 2015; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount up to $30,000.00, subject to receipt of the funds; and 4. Authorize the execution of an amendment to City Secretary Contract No. 39359, a Lease Agreement with Andrews-Dillingham Properties, LTD., for the Far Southeast Community Action Partners Center to extend the lease term for an additional five years beginning on October 1, 2014 and ending on September 30, 2019 for an annual amount of$25,397.52, which amount is subject to annual adjustments based on the Consumer Price Index for all urban consumers in Dallas-Fort Worth, DISCUSSION: The purpose of this Mayor and Council Communication is to accept funds from Tarrant County to assist in the operation of the Far Northwest Community Action Partners Center located at 920 Roberts Cut Off Road in River Oaks (Northwest CAPC) and Far Southeast Community Action Partners Center located at 1601 East Lamar Boulevard in Arlington (Southeast CAPC) (collectively, the Centers) and enter into Lease Agreements for the use of the Centers. The City of Fort Worth has contracted with the Texas Department of Housing and Community Affairs to serve as the Community Action Agency for Tarrant County under the name of Community Action Partners (CAP). CAP provides services to low-income residents on a county-wide basis, including case management, information and referral services, client intake and assessment, emergency assistance and other social services. On October 13, 2009, (M&C C-23841) the City Council approved the execution of City Secretary Contract No. 39359, a five-year Lease Agreement with Andrew-Dillingham, Ltd., for the operation of http://apps.cfwnet.org/council_packet/Mc review.asp?ID=20374&councildate=10/28/2014 12/10/2014 M&C Review Page 2 of 2 the Southeast CAPC. As part of that Agreement, the City leases approximately 1,891 square feet at a base rental amount of$2,116.46.00 per month, which includes utilities and janitorial services. The monthly rental rate may be adjusted each year based on the percent increase in the Consumer Price Index for all urban consumers in Dallas-Fort Worth. The City also enters into an annual Lease Agreement with Mary Hartman for the use of the Northwest CAPC and Staff wishes to continue that arrangement for an additional year, with a lease term to begin on October 1, 2014 and end on September 30, 2015. The total base rent for this facility is $11,100.00, which will be paid in monthly rental installments of$825.00, which excludes utilities. Annually, Tarrant County provides funding for the operation of the Centers. Since 2009, Tarrant County has awarded $30,000.00 annually to the City of Fort Worth and Staff anticipates the same amount or more for the next several years. Additional funding is provided by the Community Services Block Grant; therefore, all expenses are completely covered by grant funds, including electricity, telephone services, natural gas, water and waste water and minor repairs. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 3) GR76 451345 080422685000 $30,000.00 GR76 5XXXXX 080422685010 $30,000.00 Submitted for City Manager's Office by_ Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS 80TAR RANT2015AO 14rev.docx http://apps.cfwnet.org/counciLpacket/mc_review.asp?ID=203 74&councildate=10/28/2014 12/10/2014