Loading...
HomeMy WebLinkAboutContract 46348 CITY EC W `GII i//���` CONTRACT ; ?. �o FORT WORTH BUSINESS ASSISTANCE CENTER TEMPORARY LEASE AGREEMENT THIS AGREEMENT, made and entered into this day of January 5th, 2015, by and between, The City of Fort Worth, a Texas municipal corporation ("Landlord") whose address, for the purpose of this lease is: 1000 Throckmorton St., Fort Worth, Texas and People Fund ("Tenant"), whose address for the purpose of this lease is: 2921 E. 17th Street, Bldg. D, Ste. 1, Austin, TX 78702. The parties agree as follows: 1. PREMISES AND TERM. Landlord leases to Tenant a cubicle in the office space designated as Suite No. 106 in the James E. Guinn School Building located at 1150 South Freeway, Fort Worth, Texas as a month-to-month tenancy beginning on the 5th day of January 2015 upon the condition that the Tenant performs as provided in this lease. To terminate tenancy, the Landlord or Tenant must give the other party a written 30 day notice of Lease non-renewal. The Tenant may only terminate their Lease on the last day of any month and the Landlord must receive a written notification of non-renewal at least 30 days prior to the last day of that month. 2. RENT. Landlord shall provide the space for $1.00 for the term on the condition that any extension of the term beyond six months or a request to utilize full office space on the premises will require a lease agreement at the standard rate of $12.52 per square foot per year. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the lease term, and shall yield possession to Landlord at the termination of this lease. SHOULD LANDLORD BE UNABLE TO GIVE POSSESSION ON SAID DATE, TENANT'S ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT. 4. USE. Tenant shall use the premises only for office use on Tuesday — Thursday of each week from 9:00 a.m. to 6:00 p.m. 5. CARE AND MAINENANCE. Tenant takes the premises "as is". Tenant shall maintain the premises in a reasonable safe, serviceable, clean and presentable condition. Tenant shall make no structural changes or alterations without the prior written consent of Landlord. 6. UTILITIES AND SERVICES. Tenant shall not utilize any phones or computers of r" Landlord while in the operation of the space. m v - 7. SURRENDER. Upon the termination of this lease, Tenant will surrender the MM premises to Landlord in good and clean condition, except for ordinary wear and tear or damage without fault or liability of Tenant. Any personal property not removed from the premises by ten (10) business days following the termi OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX shall become the property of Landlord, without need for compensation to Tenant. Continued possession, beyond the term of this Lease and the acceptance of rent by Landlord shall constitute a month-to-month extension of this Lease. 8. ASSIGNMENT AND SUBLETTING. No assignment or subletting, either voluntary or by operation of law, shall be effective without the prior written consent of Landlord,which consent shall not unreasonably be withheld. 9. INSURANCE. 9.1.Types of Coverage and Limits. Tenant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified in this Section 9,naming the City of Fort Worth as an additional insured and covering all risks related to the leasing, use, occupancy, maintenance, existence or location of the Area. Failure to maintain the required insurance may result in termination of this lease at the discretion of the Landlord. Tenant shall obtain the following insurance coverage on an occurrence basis and at the limits specified herein: Proper ° a) Fire and Extended Coverage shall be maintained by the insurance policy on all improvements and betterments at their full replacement cost limit; b) Insurance for Contents—Tenant shall be responsible for maintaining any policy of insurance that will insure against loss of property owned by Tenant that is ocated on the Leased Premises c) Commercial General Liability Insurance - $1,000,000.00 per occurrence; $2,000,000 aggregate 9.1.1. Certificates. As a condition precedent to the effectiveness of this Lease, Tenant shall furnish Landlord 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. In addition, Tenant shall, on demand, provide Landlord with evidence that it has maintained such coverage in full force and effect. 9.1.2. Additional Requirements. A. Additional Insured Endorsement: "The City of Fort Worth are added as additional insured as respects operations and activities of, or on behalf of the named insured." Reasonably equivalent terms may be acceptable at the sole discretion of the Business Assistance Center. B. Tenant shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to Landlord. The policy or policies of insurance shall be endorsed to cover all of Tenant'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 Landlord. 10. INDEMNIFICATION. TENANT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH ITS USE UNDER THIS LEASE OR WITH THE LEASING, MAINIEN4NCIS, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR 1A`TENT IONAL MISCONDUCT OF LANDLORD. TENANT COUT.,iVANIS AND AGREES TO,AND DOES HEREBY, INDEMNIFY, HOLD ICARItILESS AND DEIEND LANDLORD, ITS OFFICERS, AGENTS, SERVA,VTS A1VD.EMPL0FEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LA�VSUITS F0h ETIKER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO TENANT'S BUSINESS AND ANY RESULTIAG LOST PI?OF,'TS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETWER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH H11S LEASH: OR ifI H THE LEASING, MAINTENANCE, USE, OCCUPANCY, .ls P'TLNCL' 01H LOCATION OF THE PREMISES, EXCEPT TO THL I',Y EAY C,41�'S'ED AY THE NEGLIGENT ACTS OR OMISSIONS OR INIEN77ONAL 1W&COADUCT OFLANDLORD. TENANT ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LAN&-L0JkD FOR ANY /Cl D ALL INJURY OR DAMAGE TO LANDLORD'S PROPERTY W H"ICH ARISES OUP' OF OR IN CONNECTION WITHANYAND ALL ACI'S CR 404fLiS'1016 OF TENANT, ITS OFFICERS, AGENTS, EMPLOY&.& , COn;7WACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATROI4:'$ OR TIdLSIAS&Zj?.S, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF LANDLORD. L 4,VDLtkZ_,' S#7ALL N07 ICE RESPONSIBLE FOR INJURY TO ANY PERSON ON 7W P1ZEJ"AS'Ell t)�R FOR HARM TO ANY PROPERTY TfWICH BELONGS TO TFlWi "T, IL'i OPPICERS, AGENTS, SERVANTS, EMPLOYEES, COAIR ACS OF , S'fi,3C&%1RACTORS, LICENSEES, INVITEES OR PATRONS, AND WHIC6 s114 1 BE STOLEN, DESTROYED OR IN ANY WAY DAMAGED; AND TENANT HEREBY INDEMNIFIES AND HOLDS HARMLESS LANDLORD, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST' ANY AND ALL SUCH CLAIMS, EXCEPT TO THE EXTENT CAUSED Bl' 171E NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OFLANDLORD. 11. CASUALTY. In the event ol'damage to the premises due to casualty, so that Tenant is unable to conduct business on the premises, this lease may be terminated at the option ol'either party. Such termination shall be effected by notice of one party to the other withi;-i w,,cnicy days after such notice; and both parties shall thereafter be released ti•cjjn a]s FaWre obligations hereunder. 12. MECHANICS' LIENS. Neither Tenant, nor anyone claiming by, through, or under Tenant, shall have tl-t,; right to file any mechanic's lien against the premises. Tenant shad givti notice in advance to all contractors and subcontractors who may furnish, or agree to fti!.,nish, afjy ,,raL'et:1a!, service or labor for any improvement on the premises. 13. DE FMIJ IL-p", M] V1 C L,' OF ]')6Wf AULT AND REMEDIES. 13.1. LVE\J; 0FDF-FAULT Each uft".e 11611ovvifig shall constitute an event of default by Tenant: (1) F��,Wlre to na-, y when hen dof.; (2) failure to observe or perform any duties, )b'i'(Tations, algreeinMts, or conditions imposed on Tenant pursuant to the tr--,ns of the j'ea3c; (3) abandonment of the premises. "Abandonment" means the Tenant has failed to engage in its usual and customary business activities -iises tc or,, fi-ic pren jy more than fifteen (15) consecutive business days; (4) Institution of voluntary bankruptcy proceedings by Tenant; Institution of t1,,inL---iptcy proceedings in which the Tenant thereafter is a(jucig,-,o a lx-m<rtiptc-y; assignment for the benefit of creditors of the interest of renani- tj�-!Jei- this lease agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within tern.(10) days qftej- the appointment of the receiver. 13.1 OF DEIFAULT 13.2.i, Lar< lord strap give Tenant a -written notice specifying the default and L(.!zi f if) days in which to correct the default. If there is a defmilt (other than for nonpayment of a monetary obligation of Tenant, hICILIdi'110 1`2ffk' that Cannot be remedied in the (10) days by diligent efforts of the Tenant, Tenant shall propose an additional period of time in which to ly the ,ief-.i(itt. Consent to additional time shall not be unreasonably w;1hi,eld by Landlord. 13.3. 13.3.1. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity. Landlord may declare this lease to be term's_na.led and shall give Tenant a written notice of such termination. In the ev(:nt of termination of this lease, Landlord shall be entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the term herein provided, plus all expenses of Landlord in regaining possession of the premises and the reletting thereof, including attorney's ices and court costs, crediting against such claim, however, any aino-Gw, obtained by reason of such reletting. 14. RULES Al 11) REGXLA HON S. Tenant shall abide by all the rules and regulations as specifically outlinc;d in i-,uhubit"A"'. 15. NOTICES. All notices under -this Lease from one party to the other must be in writing ar�'� eis'ce;t �-e when deliverect by hand or by United States Postal Service as follows: To Landlord: To Tenant: 1150 South Freeway 2921 E. 17th St, Bldg. D, Ste. 1 Fort ti�'ot t(;, Texas 76104 Austin, Texas 78702 Attn: Dhr'-aor Attn: Gary Lindner, President With a copy to: City A ttort,ey's Office Attn: l °al't Diu%n"ta.q 1000 , troc.I nlorton Fort Worth, Texas 76102 GOVERNING L>W: Should any action, whether real or asserted, at law or in equity, arise .out of the terms of this lease or by Tenant's operations on the premises, venue for such action shall lic; tit sea e coLx s located in Tarrant County, Texas or the United States District Court for the lc,r t Disti-ict of Texas, Fort Worth Division. This lease shall be construed in accordance v,,ith tine laws of the State of Texas. ENTIRE AGREEMENT: This agreerrient constitutes the entire agreement of the parties and shall not Le mod-iriec except in writing signed by Tenant and Landlord. EXEC L'I ED ti to I)- day o t'.tanu<try 2015 . I Lan rd Tenant Fernando Costa, Assistant City Manager APPROVED AS TO FORM AND LEGALITY: eann D. Guzman" Assistant City Attorney a b o000000j ► ZI Oq ' . a �S City Secret �a Wald P. Gonzales, ° v o °y F� Od T�f.� v 000000000 °O° Ay g aatL e)C� nn�4 OFFICOAL RECORD 69TV SECRETARY EXHIBIT "A" RULES AND REGULATI®NS 1. Tenant shall not exhibit,sell or offer for sale on the premises or in the building any article or thing(except those articles and things essentially connected with the stated use of the premises by Tenant)without the advance consent of Landlord. 2. The Tenant shall not display,inscribe,print,paint,maintain or affix on any place in or about the Building any sign,notice, legend,direction, figure or advertisement,except on the doors of the premises and on the building directory and then only such nanne(s) and matter and in such colo-, Jz., style, place and materials as shall first have been approved by the Landlord. The listing of any name other than chat of Tenant, whether on the doors of the premises, on the building directory or otherwise,shall no opei atr to vest an v right or interest in this Lease or in the premises or be deemed to be the written consent of Landlord to any act of Tenant,it being expressly understood that any such listing is a privilege extended by Landlord revocable at will by written notice to Tenant. 3. No additional locks or similar devices shall be attached to any door or window without Landlord's prior written consent. No keys for any door other than those provided by the Landlord shall be made. If more than two keys for one lock are desired,the Landlord will provide the same upon payment by the Tenant. All keys must be returned to the Landlord at the expiration or termination of this Lease. 4. All persons entering or Icaving Flull ding aster;Hours on Monday through Friday,or at any time on Saturdays,Sundays or holidays,may b:,required to do so under such regulations as the Landlord may impose. The Landlord may exclude or expel ani,peddler. 5. The Tenant shall not overload any floor. The Landlord may direct the time and manner of delivery,routing and removal and the location of safes and other heavy articles. 6. Unless the Landlord gives advance written consent,the Tenant shall not install or operate any steam or internal combustion engine,boiler,machinery,refrigerating or heating device or air-conditioning apparatus in or about the premises or carry on any mechaaical business the cir, r use the premises for housing accommodations or lodging or sleeping purposes,or do any cooking therein or use any iliumivation other than electric light or use or permit to be brought into the Building any inflamrnatEc fluids such as gasoline, kerosene, naphtha and benzene or any explosive, radioactive materials or other articles deemed extra hazardous to life,limb or property. The Tenant shall not use the premises for any illegal or immoral purposes. 7. The Tenant shall cooperate fully with the Landlord to assure the effective operation of the Building's air-conditioning system. 8. The sidn fns. halls passages,exits,cnuan.cs. Acvators and stairways shall not be obstructed by the Tenant or used for any purpose other than f01 ingress to or egress from its premises. The halls,passages,exits,entrances elevators,stairways and roof arc not for the use of the general public and the Landlord shall in all cases retain the right to control and prevent access tiwrcto by all persons whose presence,in the judgment of the Landlord,shall be prejudicial to the safety,character, reputation and interests of the building and its tenants. No Tenant and no employees or invitees of any Tenant shall go _ upon the roof or mechanical floor of the building. 9. Ter,ant shall no'UIe,keep or permit to be used or kept any foul or noxious gas or substance in the premises,or permit or suffer the Leased Area to be occupied or used in a manner offensive or objectionable to the Landlord or other occupants of the building by reason of noise,odors and/or vibrations or interfere in any way with other tenants or those having business there,nor shall any animals or birds be brought in or kept in or about the premises or the building. 10. Tenant shall see that the doors and windoiss,if operable,of the Leased Area are closed and securely locked before leaving h,buiiciing and roust observe strict care and caution that all water faucets or water apparatus are entirely shut off before Tenani or tenant';uaplcyees leave the building and that all electricity shall likewise be carefully shut off so as to prevent waste or dam we. For any default or carelessness,Tenant shall make good all injuries or losses sustained by other tenants or occi-tpants of the building or Landlord. �`C° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD 12/30/2014 014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nancy Hutchison NAME: y SWBC Insurance Services, Inc. PHONE (800)n99-7922 AAC o;(210)525-0054 P 0 Box 791028 Epp1E :nhutchison @swbc.com INSURERS AFFORDING COVERAGE NAIC# San Antonio TX 78279 INSURER A:Federal Insurance Company 0281 INSURED INSURERB:Great Northern Insurance Co. 20303 PeopleFund INSURER C:Scottsdale 2921 E. 17th St. INSURER D: Building D INSURER E: Austin TX 78702 1 INSURER F: COVERAGES CERTIFICATE NUMBER:2014 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 A - CLAIMS-MADE �OCCUR 5921693 /9/2019 /9/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 _ X POLICY PRO- LOG $ AUTOMOBILE LIABILITY EOMaBoI COMBINED SINGLE LIMIT 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 73566008 /9/2014 /9/2015 AUTOS AUTOS BODILY INJURY(Per accident) $ X_ _HIRED AUTOS...Ix NON-OWNED... PROPERTY DAMAGE. $ IAUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE( AGGREGATE $ DED RETENTION S I $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN T Y LI I ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑'N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ C Directors & Officers 613140:368 9/30/2014 /30/2015 $1,000,000 Employment Practices $1,000,000 ILL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The certificate Holder, Landlord) , is added as an Additional Insured, as per a written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Gary Dudley/NANCY ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD