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HomeMy WebLinkAboutContract 46346 LEASE AGREEMENT BETWEEN CITY OF FORT WORTH AND WILSON,WHITE &DOBY,LLP This lease agreement ("Lease") is entered into effective January 1, 2015, by and between the City of Fort Worth, a Texas home rule municipal corporation acting by and through its duly authorized Assistant City Manager, and Wilson, White & Doby, a limited liability partnership, ("Lessee"). RECITALS WHEREAS, Lessor warrants and represents that it owns that certain parcel of land located at 900 Monroe, Fort Worth, Texas ("Parcel") and the office building located on that parcel ("Building"); and WHEREAS, on August 26, 2014 (M&C L-15711), the Lessor's City Council authorized the execution of a lease with Lessee for office space in the Building; WHEREAS, Lessor wishes to lease to Lessee, and Lessee wishes to lease from Lessor, under the terms and conditions of this agreement that certain 2,745 square feet of floor space on the fourth floor of the Building, as outlined on Exhibit "A" attached hereto and made a part of this lease for description purposes, more commonly known as Suite 400 and storage space located in the basement hallway and in the basement, and referred to herein as the "Premises". NOW THEREFORE, in consideration of the covenants and agreements contained in this Agreement, Lessor and Lessee hereby agree as follows: ARTICLE 1. LEASE OF LEASED PREMISES 1.01 Premises. In consideration of the mutual terms and covenants of this Agreement, and other good and valuable consideration, Lessor demises and leases to Lessee, and Lessee leases from Lessor the Premises 1.02 Parking. It is agreed that Lessee, its agents, servants, employees, customers, guests, and invitees, shall have the exclusive right to park, throughout the term of this lease and any renewal term, in nine (9) designated parking spaces marked with the numbers 405, 407, 412, 418, 423, 424, 425, 444, and 450 of which shall be located on the fourth floor of the parking garage located at 311 W. 101h Street, Fort Worth, Texas 76102 ("Parking Garage'). Lessee will pay $105.00 per month for each space to the City of Fort Worth, Transportation and Public M M Works Department, Parking Services, located on the ground floor of the Parking Garage. Lessee M agrees not to hinder the use of the remaining parking places in the parking garage. The specific © nine (9) parking spaces to which Lessee has the exclusive use of are indicated on Exhibit `B", attached to and made a part of this Lease. n �3 Lease with Wilson,White&Doby,LLP 900 Monroe,suite 400 OFFICIAL RECORD Page 1 of 11 CITY SECRETARY FT.NORTH,TX ARTICLE 2. LEASE TERM 2.01 Term. The initial term of this Agreement ("Primary Term") shall commence on January 1, 2015 and shall expire on December 31, 2015. 2.02 Holdover Tenancy. Unless terminated earlier by either party pursuant to a right hereunder, this Agreement will expire without further notice when the Term expires. Any holding over by Lessee after the Term expires will not constitute a renewal of the Agreement or give Lessee any rights under the Agreement in or to the Premises, except as a tenant at will. Lessee will pay to Lessor 1.5 times the rent then applicable for each month or portion that it retains possession of the Premises or any part of it after the termination of this Lease, whether by lapse of time or otherwise, and also will pay all damages sustained by Lessor on account of such holdover. The provisions of this section will not operate as a waiver by Lessor of any right of reentry. ARTICLE 3. USE OF LEASED PREMISES 3.01 Permitted Use of Premises. Lessee may use the Premises only for the purpose of office space. 3.02 Illegal Use Not Permitted. Lessee may not use any part of the Premises or any building situated on them for any use or purpose that violates any applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction over the Premises. 3.03 Condition of Premises. Lessee accepts the Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by Lessor as to the condition of the Premises or their suitability for the purposes intended. 3.04 Ordinances; Inspection. Lessee covenants and agrees that neither it, nor its officers, agents, employees, licensees, invitees or patrons shall make or suffer any unlawful, improper or offensive use of the Premises or any part thereof. Lessee further agrees to maintain the area in order to keep the Premises in a clean safe and sanitary condition at all times and shall comply with all ordinances of the City of Fort Worth. Lessor's agents, servants or employees shall be permitted by Lessee to make inspection of the Premises to ascertain compliance with the terms and provisions of this Agreement. 3.05 Alterations. Lessee shall not make any improvements, changes, or enhancements to the Premises without Lessor's express written authorization, which may be unreasonably withheld. 3.06 Right to Remove Personal Property; Trade Fixtures. Lessee may, at any time while it occupies the Premises, or within a reasonable time thereafter, not to exceed ninety (90) Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 2 of 11 days, remove personal property, furniture, machinery, equipment, or other trade fixtures owned solely by Lessee, in, under, or on the Premises, or acquired by Lessee, whether before or during the Term and any extension, such property being here and after referred to as "Lessee Property." On or before the date of expiration of this Agreement, Lessee shall vacate the Premises, remove all Lessee Property and must repair any damage to any buildings or improvements on the Premises resulting from the removal, restoring the Premises to a condition reasonably satisfactory to the Lessor. If the Lessor or Lessee terminates this Agreement, Lessee shall vacate the Premises, remove said Lessee Property and restore the Premises aforesaid within such time as the Lessor shall reasonably designate, but in no event less than thirty (30) days. In either event, if Lessee shall fail or neglect to remove said Lessee Property within a reasonable time after the Agreement termination date, not to exceed ninety (90) days and so restore the Premises, then said Lessee Property shall become the property of the Lessor, and Lessor, in its sole discretion and without liability or penalty, may sell, dispose, or retain Lessee Property. 3.07 Maintenance and Repair. (a) Lessor Obligations. Lessor shall perform all upkeep, maintenance and repair necessary, as determined by Lessor in its sole discretion, to keep the Premises and its operating systems in good condition and in compliance with all applicable codes and regulations. Lessor shall maintain air filters. Lessor shall provide janitorial and custodial service for the Premises on the same schedule and at the same level as it provides for its own facilities adjacent to the Premises. (b) Lessee Obligations. Collection and proper disposal of trash, garbage, litter and debris will be the responsibility of Lessee, at its sole cost and expense, provided that trash pickup shall be Lessor's obligation pursuant to Section 6.01. Lessee shall neither commit nor allow to be committed any waste on the Premises, nor shall Lessee maintain, commit or permit the maintenance or commission of any nuisance on the Premises or use the Premises for any unlawful purpose. Upon discovery of any condition that requires the Lessor to make needed repairs under (a) above, the Lessee shall notify the Lessor of the defect or condition at 817-392- 7860. ARTICLE 4. RENT 4.01 Rent. Lessee shall pay to Lessor monthly rent of $$4,023.80 ("Rent") at the Housing & Economic Development Department, 1000 Throckmorton Street, Fort Worth, Texas 76102, or such other address as the Lessor may designate from time to time during each year the Lease remains in effect. Lessee shall pay all such Rent monthly in advance and without demand. If the payment of Rent is not received by Lessor as provided herein, then all amounts due and payable to Lessor hereunder shall bear interest from the date the payment of Rent was due until paid, at a per annum rate of interest equal to the lesser of(a) twelve percent (12%) or (b) the highest non-usurious rate permitted by applicable law. Time is specifically of the essence of this provision and of every provision of this Lease. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 3 of 11 4.02 Additional Rent. (a) In the event Operating Expenses (as hereinafter defined) of Lessor incurred in connection with the Building, of which the Leased Premises are a part, shall for any calendar year during the Term of this Lease exceed the sum of the 2013 Base Year Actual expenses, Lessee agrees to pay as additional rental ("Additional Rent") Lessee's pro rata share ("Lessee's Share") as determined by Lessor of such Operating Expenses in excess of 2013 Base Year ("Excess Operating Expenses") by February 15 for the 2014 additional expenses and by December 1, 2015 for the 2015 expenses. Lessor shall send notices with the additional expenses 30 days before the due date. The 2013 Base Year shall be defined as the calendar year 2013. (b) The term "Operating Expenses" as used herein shall include all costs and expenses of every kind and nature whatsoever incurred by Lessor in connection with the ownership, operation, and maintenance of the Building, including but in no way limited to Common Area maintenance, utilities, insurance, and ad valorem taxes. No decrease in Operating Expenses shall reduce Lessee's rent. (c) Lessee may at Lessee's sole cost and expense, at reasonable times during Lessor's normal business hours and upon reasonable notice, audit Lessor's books and records regarding the Additional Rent for any particular calendar year. Lessee must request any intended audit no later than sixty (60) days following Lessee's receipt of Lessor's statement of actual Additional Rent for the previous calendar year. (d) Lessor agrees to pay all real property taxes assessed against the Property and applicable insurance premiums as they come due. ARTICLE 5. COMMON AREA The "Common Area" of the Building is that part of the Building designated by Lessor from time to time for the common use of all tenants, including among other facilities, elevators, halls, lobbies, delivery passages, drinking fountains, and public toilets, all of which are subject to Lessor's sole management and control and may be operated and maintained in a manner as determined by Lessor in its discretion. Lessor reserves the right to change the dimensions and location of the Common Area from time to time. Lessee and its employees and invitees have the nonexclusive right to use the Common Area as constituted from time to time, this use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the Common Area, subject to the reasonable rules and regulations governing use as Lessor may from time to time prescribe. Lessee may not solicit business, distribute handbills, or display merchandise within the Common Area or take any action which would interfere with the rights of other persons to use the Common Area. Lessor may temporarily close any part of the Common Area for any periods of time necessary to prevent the public from obtaining prescriptive rights or to make repairs or alterations. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 4 of 11 ARTICLE 6. CASUALTY 6.01 Substantial Casualty. (a) As used herein, the term "substantial casualty" shall mean (1) a fire, explosion, flood, tornado or other casualty of like character, or (2) a structural defect in any part of the Premises, or (3) any other act, condition or event, in any case not due to the negligence or breach of this Agreement by Lessee and resulting in needed repairs, replacement or other expenditure to the Premises that would require more than sixty(60) days for completion. (b) If the Premises are the subject of a substantial casualty, Lessee shall give immediate notice to the Lessor and to Lessee's casualty insurance provider. Lessee shall follow all required procedures to file a claim(s) for the damage caused by the casualty event, and shall assign any and all proceeds for damage to or replacement costs for the building on the Premises to Lessor received as a result of the casualty event. Lessee will have the option, exercisable by written notice given to Lessor within ninety (90) days after the occurrence of such substantial casualty, to terminate this Agreement upon the date specified in said notice, said date not to exceed one (1) year from the date of the substantial casualty. In such event, the Agreement shall expire as of such date in the same manner as if the date specified in said notice were the date herein originally specified for the expiration of the Agreement term and Lessee shall have no obligation to make any expenditure in connection with such substantial casualty or the results thereof, unless Lessee's continued occupancy requires such expenditure. (c) If Lessee does not give notice as specified in Subsection (b) or waives its right to terminate, Lessor at its sole discretion may proceed to repair, restore, and rebuild the Premises to its former condition within one hundred eighty (180) days from the date of such damage; provided, however, that Lessor will be under no obligation to expend any amount on rebuilding or repairing the Premises in excess of the amount of insurance proceeds actually received by Lessor. (d) If Lessor chooses not to rebuild or restore the Premises, the Agreement will terminate. Such choice shall be made by written notice to Lessee within ninety (90) days after the occurrence of such substantial casualty. 6.02 Minor Casualty. The term "minor casualty" shall be defined in like manner as "substantial casualty" in Section 6.01 except that the length of time for repairs, replacements or other expenditures (the "needed repairs") to the Premises is less than sixty (60) days. If the Premises are the subject of a minor casualty, Lessee shall give immediate notice to Lessor and to Lessee's casualty insurance provider. Lessee shall follow all required procedures to file a claim(s) for the damage caused by the casualty event, and shall assign any and all proceeds for damage to or replacement costs for the building on the Premises to Lessor received as a result of the casualty event. If there are insurance proceeds available to Lessor in amounts sufficient to cover the needed repairs, Lessor will proceed with reasonable diligence to repair such damage. In the event that insurance proceeds are not available or not sufficient to cover the needed repairs, Lessor shall have no obligation to make such repairs until either (1) it receives sufficient funds Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 5of11 from Lessee to cover the uninsured needed repairs or (2) Lessee agrees to make the needed repairs at its own expense. In any case, if such repairs are not completed within ninety(90) days after the casualty, Lessee or Lessor may terminate this Agreement. ARTICLE 7. INDEMNIFICATION AND INSURANCE 7.01 Indemnification. LESSEE COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, OF WHATSOEVER KIND OR CHARACTER; ARISING OUT OF OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE LEASING, OCCUPANCY, USE, CONDITION AND/OR MAINTENANCE OF THE PREMISES AND ANY AND ALL ACTIVITIES CONDUCTED THEREON, OR IN CONNECTION WITH THE ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUBLESSEES, PATRONS, GUESTS, LICENSEES, INVITEES OR TRESPASSERS OR IN CONNECTION WITH THE SALE AND/OR CONSUMPTION OF ANY FOOD, BEVERAGE, OR OTHER ITEM HEREUNDER; AND SHALL INDEMNIFY AND HOLD HARMLESS LESSOR FROM AND AGAINST ANY AND ALL INJURY OR DAMAGE TO SAID PREMISES OR ANY OTHER PROPERTY OF LESSOR, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE LEASING, OCCUPANCY, USE, CONDITION AND/OR MAINTENANCE OF THE PREMISES. 7.02 Liability Insurance. Lessee shall at all times during the term hereof, maintain a Commercial General Liability Policy of insurance with limits not less than $1,000,000 per occurrence, combined single limit for bodily injury or death and property damage, $1,000,000 aggregate. Said policy shall include the Lessor as an additional insured, as its interests may appear (ATIMA). Lessee shall furnish to Lessor a certificate of insurance verifying such coverage with a confirmation that such policy shall not be subject to cancellation except upon thirty (30) days' prior written notice to Lessor. Lessor may, at its option, also require Lessee to submit a copy of the policy or policies in effect as well as proof of payment of premiums. Insurance must be carried with firms licensed to do business in the State of Texas, and that have financial capability acceptable to Lessor. 7.03 Insurance for Contents of Buildings. Lessee shall be responsible for maintaining any policy of insurance that will insure against loss of property owned by Lessee that is located on the Premises. Said insurance shall waive any right of subrogation in favor of Lessor. 7.04 Fire and Extended Coverage: Boiler and Machinery Coverage. Lessor shall maintain a policy of fire and extended coverage insurance to cover the structures and mechanical systems included in the Premises and those structures immediately adjacent thereto. Such insurance policies shall be for full replacement value. Said insurance shall waive any right of subrogation in favor of Lessee. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 6 of 11 7.05 Hazardous Use. Lessee will not permit the Premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous and will use its best efforts to use the Premises and to store its property in such a manner as to minimize risk of loss by casualty, it being acknowledged that the use of the Premises in the proper and ordinary conduct of Lessee's business for the purposes set forth herein shall not be considered in violation of this Section. 7.06 Independent Contractor. It is expressly understood and agreed that Lessee shall perform its obligations and responsibilities hereunder as an independent contractor and not as an officer, agent, representative or employee of the Lessor; that Lessee shall have exclusive control of and the exclusive right to control the details of its obligations and responsibilities and all persons performing same; that Lessee shall be solely responsible for the acts or omissions of its officers, agents, employees or other persons under its supervision, management and control; that the doctrine of respondeat superior shall not apply as between Lessor and Lessee and that nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. ARTICLE 8. DEFAULT AND REMEDIES 8.01 Event of Default. The following shall be deemed events of default (herein so called) by Lessee under this Agreement: a. Lessee fails to pay rent in accordance with Section 4.01 and Additional Rent in accordance with Section 4.02; b. Lessee uses the Premises for an activity or use other than office space; C. Lessee makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; d. Lessee fails to comply with any other term, provision or covenant of this Agreement in any material respect. 8.02 Curing a Default. (i) If an event of default occurs, Lessor shall give written notice that describes the default in reasonable detail to Lessee. Lessee must commence curing such default within fourteen (14) calendar days after the time it receives the notice from Lessor, and then complete the cure within fifteen (15) days thereafter. (ii) If Lessee does not substantially complete the cure within the stated time in (i) of this section, Lessor may terminate this Agreement by giving written notice of the termination; provided, however, if the default is not reasonably susceptible to cure within the stated time, Lessor will not exercise its right to terminate this Agreement so long as Lessee has commenced to cure the default within the required time and diligently completes the cure within a reasonable time without unreasonable cessation of the work to complete the cure. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 7 of 11 8.03 Other Remedies. Any termination of this Agreement as provided in this article will not relieve Lessee from paying any sum or sums due and payable to Lessor under this Agreement at the time of termination, or any claim for damages then or previously accruing against Lessee under this Agreement. Any such termination will not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the Agreement. All Lessor's rights, options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. Lessor may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. 8.04 Early Termination by Lessee. Lessee may terminate this Lease at any time during the term for Lessee's convenience by giving Lessor two week's written notice. ARTICLE 9. NOTICES Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. a. If to Lessor: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Community Development Coordinator— Real Property b. If to Lessee: Wilson, White&Doby 900 Monroe, Suite 400 Fort Worth, Texas 76102 ARTICLE 10. GENERAL PROVISIONS 10.01 Right of Entry and Inspection. Lessee must permit Lessor or its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether Lessee is complying with this Agreement; maintaining, repairing, or altering the Premises; or any other reasonable purpose, provided that Lessor gives Lessee 48 hour notice prior to such entry, except in the case of emergency. During any inspection, Lessor may perform any obligations that Lessor is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. 10.02 Interpretation. In the event of any dispute over the meaning or application of any Lease with Wilson, White&Doby,LLP 900 Monroe, Suite 400 Page 8 of 11 provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 10.03 No Third Party Rights. The provisions and conditions of this Agreement are solely for the benefit of the Lessor and Lessee, and any lawful assign or successor of the Lessee, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 10.04 No Partnership or Joint Venture. Lessee shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the Lessor. Lessee shall have the exclusive control of, and the exclusive right to, control the work designated to the Lessee to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, contractors, subcontractors and employees. Neither Lessor nor Lessee shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the Lessor is not involved as a party to any activities that may be carried on by Lessee pursuant to this Agreement. Lessee acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with Lessee's use of the Premises. Provided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 10.05 Declared Emergency.In the event of a declared local, state or federal emergency, the Lessee will immediately make the facility available for use as deemed necessary by the Lessor in order to respond to the declared emergency. Should the declared emergency extend beyond 72 hours, the Lessor will seek reimbursement from federal, state and/or local funding and compensate the Lessee for any lost revenue as a result of declared emergency use, to the extent funds are received from these sources. 10.06 Force Majeure. If the Lessee becomes unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints or prohibitions by any court, board, department, commission or agency of the United States or of any States, any arrests and restraints, civil disturbances, or explosions, or some other reason beyond such the Lessee's control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Lessee will give the Lessor written notice of the existence, extent and nature of the Force Majeure Event as soon as reasonably possible after the occurrence of the event. The Lessee will use commercially reasonable efforts to remedy its inability to perform as soon as possible. Failure to give notice will result in the continuance of the Lessee's obligation regardless of the extent of any existing Force Majeure Event. 10.07 Binding Covenants. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 9 of 11 10.08 Invalid Provision. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Lessee or Lessor in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. 10.09 Sublease, Assignment and Successors. Lessee may not license or sublease the Premises without Lessor's express written permission. Lessee may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the Lessor, at Lessor's sole discretion and approval, which may be unreasonably withheld. An attempt to license, sublease or assign this contract without the consent of the Lessee shall be considered an event of default. 10.10 Waiver of Immunity. If Lessee, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, Lessee, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against Lessor arising under this Agreement. 10.11 Applicable Laws. The laws of the State of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County, Texas. 10.12 Severability of Provisions. If any of the provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10.13 Governmental Powers. It is understood that by execution of this Agreement, the Lessor does not waive or surrender any of it governmental powers 10.14 Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 10.15 Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this the l day of , 2014. Lease with Wilson,White&Doby,LLP 900 Monroe, Suite 400 Page 10 of 11 CITY OF FORT WORTH By: Fernando Costa Assistant City Manager ICY ®�� LeST: oa °oo'�fyd� City Secretary., tOAlAiP P• 470AIZ&O °00000000 a APPRO ED AS FORM AND LEGALITY By: Assistant ity orney WILSON,WHITE & DOBY,LLP L- 15711 Contract huthorizatiON Date [OIFFICIAL RECORD Lease with Wilson,White&Doby,LLP 't'�SECRETARY 900 Monroe, Suite 400 Page 11 of 11 Fy WnRTr�' Exhibit A 10TH STREET 0 -COMUNOCCUPIED cYNLSON,WHITEBDOBY,LLC F—1 -COMMONAREAS -TPW INFRASTRUCTURE (NOT CO Vj 7 I STA@t5 T06 FROY TH FLOOR IJN ROOF ELH LBRBf —ER La WILSON,WHITE&DOBY,LL coRFERENLE gOOp ATTORNEYS RO01 O uDS z CLDsu O m O o m m —='CE RREM4 � 0 fmO 0 RECEPDOx6T 1RV OLOSEf sROiFER wmasFRUCmRE Frn cL0.5Er „C� l coRFEDeRCE IT E- ROOY FLOOR 0 ® 012745 10 T 40 jVV IIIIOI�ROE JAIRECI � � � FLOOR FORT WORTH,TEXAS I� I� FEET 76102 UU S F PLAN THIS DRAWING IS FOR SPACE PLANNING USE ONLY AND NOT FOR CONSTRUCTION DATE( 18 AUGUST 2014 •-+ NC � M 61J vN t4r) M V 1 r cli � O � p Q y � � M _M O N a � d N N cd O 0 h CD Q O 00 HI WON 7 QOM s M tf1 tr) O � o tn d t. M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORT11 - COUNCIL ACTION: Approved on 8/26/2014 DATE: 8/26/2014 REFERENCE **L-15711 LOG NAME: 17900MON ROE LEASES NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Leases with Various Tenants Currently Occupying Offices at the Building Located at 900 Monroe Street (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize lease contracts with various tenants who currently occupy the building at 900 Monroe Street for the same space and rental rate as their current leases for a term to end on December 31, 2015. DISCUSSION: On July 25, 2014, the City of Fort Worth (City) purchased the building located at 900 Monroe Street. At the time of the purchase, the building had five leases with outside tenants. These tenants would like to continue their leases. Staff recommends continuing these leases until December 31, 2015 under the current terms. Below is information about the tenants and the spaces leased. Tenant Suite Square Footage Lease Amount Lease Amount Monthly Annually Harold Hammett 300 900 $1,576.50 $18,918.00 Anthony Simpson 308 350 $ 375.00 $ 4,500.00 MPress Printing 309 250 $ 350.00 $ 4,200.00 Jerome Walton 311 250 $ 325.00 $ 3,900.00 Wilson, White & 400 2,745 plus basement $4,023.80 $48,285.60 Doby, LLC storage TOTALS 4,495 $6,650.30 $79,803.60 The tenants will be responsible to maintain insurance and for all additional expenses for their share of the common area. The property is located in COUNCIL DISTRICT 9, Mapsco 77A. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that Housing and Economic Development will be responsible for the collection and deposit of funds due to the City. http://apps.cfwnet.org/council packet/mc review.asp"ID=20195&councildate=8/26/2014 1/22/2015 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GG01 442320 0909112 $79,803.60 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Cynthia Garcia (8187) Bette Chapman (6125) ATTACHMENTS http://apps.cfwnet.org/council packet/mc review.asp?ID=20195&councildate=8/26/2014 1/22/2015