HomeMy WebLinkAboutContract 36368 LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the day of
, 2007, the effective date hereof, at Fort Worth, Texas by and between the City
of Fort Worth, a municipal corporation, acting by and through its duly authorized representative,
Assistant City Manager, Dale Fisseler, (Lessor) and Tarrant County College District (Lessee).
SECTION 1. Leased Premises and Common Area.
A. For and in consideration of the rental payments to be paid under this Lease, Lessor leases
to Lessee and Lessee leases from Lessor the following described property on a full
service basis:
Approximately 263 rentable square feet of office space (the "Leased Premises")
along with one reserved dedicated work center in the "Building" located at 808
Throckmorton Street, Fort Worth, Tarrant County, Texas, a more particular
description of which is attached as "Exhibit A."
The Leased Premises as described above together with any and all structures,
improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred
to as the "Leased Premises".
B. The Leased Premises shall be leased to Lessee unfurnished.
C. Lessee agrees that the Leased Premises location may change during the term of the
Lease. If Lessor desires to move Lessee during the term of this Lease, Lessor shall offer
comparable space to Lessee and Lessee shall determine, in its sole discretion whether to
accept such space. If Lessee does not accept the new space, this Lease shall
automatically be terminated.
SECTION 2. Master Lease for Office Space
Lessee understands that Lessor is subleasing the Leased Premises to Lessee and that Lessor is
leasing the Leased Premises from Ft. Worth Plaza, Limited Partnership under a Master Lease
("Master Lease") and Lessee agrees that this Lease is subject and subordinate to such Master
Lease.
SECTION 3. Use of Premises.
A. The Leased Premises shall be used primarily for administrative offices of the Lessee.
B. The Leased Premises may not be used for any illegal activity, or any activity of a
firms r igh-risk nature that would endanger property or human safety. Lessee will
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City of Fort Worth Lease Page 1
take measures to guard against any condition. at the Leased Premises of an illegal nature,
or of a hazardous or high-risk nature that would. endanger property or human safety.
SECTION 4. Term and Rent.
A. This lease shall be for a period of 12 months commencing on August 1, 2007 and
terminating July 31, 2008, unless a prior termination is effected by either Lessor or
Lessee tinder the termination provisions oft is Lease. During the one-year term, Lessee
shall pay Lessor annual rent of$16.00 per square foot per year base rent,payable in equal
monthly installments of$ 450.67.
B. Lessee shall have the right to renew this Lease for one year with thirty days written notice
to Lessor at the then prevailing market rate as deten-airted.by Lessor.
B. Lessee shall also be responsible for Additional Rent Expenses as outlined in Section 5
during any renewal term.
C. Lessee shall pay Lessor rent at 808 Throckmorton Street Fort Worth, Texas 76102.
SECTION 5. Additional Rent Exntnses
the event Operating Expenses (as hereinafter defined) ofLessor incurred in connection
with the Land and 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 2006 Base Year Actual
expenses, Lessee agrees to pay as additional. rental Lessee's pro rata share ("Lessee's
Share") as determined by Lessor of such Operating Expenses in excess of 2006 Base
Year. ("Excess Operating Expenses") of the Leased Area. The 2006 Base Year shall be
determined. under the Master Lease between the City of Fort Worth and Ft. Worth Plaza,
Limited Partnership.
B. The to "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, No decrease in Operating Expenses shall
reduce Lessee's rent below the sum set forth in Section. I.A.
C. Lessee agrees to pay Lessee's Share of Excess Operating Expenses for the ensuing Lease
Period., as estimated under the Master Lease. If this Lease commences on other than the
first day of a calendar year, or if this Lease expires on other than the last day of a
calendar year, then the Excess Operating Expenses shall be prorated according to the
portion oft Term that occurs during such calendar year. At least fifteen (15) days prior
to the commencement of each calendar year during the Teim, commencing with the
calendar year 2006, Lessor shall fumish Lessee a written statement setting forth the
estimated Lessee's Share for the following year and a statement showing one-twelfth
(1/12) of the amount of the estimated Lessee's Share. If, as Finally determined, Lessee's
Share shall be greater than or less than the aggregate of all installments so paid to the
twelve (12) month period, then Lessee shall pay to Lessor the amount of
ent within thirty (30) days of delivery of such statement, or the Lessor
�Le see for the amount of such overpayment, as the case may be.
FIT F`�
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City of Fort Worth Lease I
SECTION 6. Signne; Utilities
A. At Lessee's expense, Lessor shall provide appropriate signage identifying the Leased
Premises.
B. Lessee shall be responsible for obtaining and for the payment of all telephone and
internet charges.
SECTION 7. MAINTENANCE AND REP AIR OF LEASED PREMISES.
Lessee shall keep the Leased Premises, including all fixtures installed by Lessee, in good and
tenantable condition. In addition, Lessee shall pay the cost of repair and replacement due to
damage or injury done to the Building (other than the Leased Premises) or any part thereof by
Lessee or Lessee's agents, employees, contractors, licensees or invitees. Such amount shall be
paid by Lessee to Lessor upon demand, plus interest thereon, as provided in this Lease, from
demand until payment. Upon termination of this Lease, Lessee will surrender and deliver up the
Leased Premises to Lessor in the same condition in which they 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
SECTION 8. ALTERATIONS; INSPECTIONS.
A. Lessee shall not make any alterations, additions, or improvements to the Leased Premises
without the prior written consent of Lessor.
B. Lessor and Ft. Worth Plaza, Limited Partnership under the Master Lease shall have the
right to enter upon the Leased Premises for the purpose of inspecting same, or of making
repairs or additions to the Leased Premises, or of making repairs, alterations, or additions
to adjacent premises, or of showing the Leased Premises to prospective purchasers,
lessors, or lenders.
SECTION 9. INSURANCE
A. Commercial General 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, $2,000,000 aggregate. Said policy shall have the City of Fort Worth
as an additional insured. 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.
B. Insurance for Contents Lessee shall be responsible for maintaining any policy of
insurance which will insure against loss of property owned by Lessee which is located
on the Leased Premises. Said insurance shall waive any right of subrogation in favor of
Lessor.
bility and Host Liability. If Lessee sells, gives, serves or allows alcoholic
ar "� v °' es to be sold, given or served, Lessee shall at all times during the term hereof
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maintain Liquor Liability coverage and Host Liability coverage with limits not less than
$1,000,000 per occurrence, combined single limit for bodily injury or death and
property damage, $2,000,000 aggregate.
D. Prior to Lessee moving into the Leased Premises, Lessor must provide Lessee with
evidence of coverage required by this Lease. Such evidence shall be in the form of
Certificates of Insurance issued by the insurance carrier. Throughout the term, Lessor
must provide Lessee with renewal certificates prior to the expiration date shown on the
previous Certificate of Insurance on file with Lessor. Certificates of Insurance must
specify the additional insured status mentioned above as well as the Waivers of
Subrogation. Each Certificate of Insurance must state that Lessor will be notified in
writing thirty(30) days prior to cancellation, material change, or renewal of insurance.
SECTION 10. INDEMNITY, WAI V'ER OFLIABILITY
A. AS A JUNIOR COLLEGE DISTRICT, LESSEE HAS SOVEREIGN IMMUNITY
FROM TORT CLAIMS, OTHER THAN THOSE INVOLVING MOTOR
VEHICLES,UNDER THE LAWS OF THE STATE OF TEXAS. SUBJECT TO
THIS IMMUNITY, AND WITHOUT WAIVING SAME, LESSEE AGREES AS
FOLLOWS,
B. LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH,TO ANY AND ALL PERSONS, OF ANY
KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH ITS USE UNDER THIS LEASE OR WITH THE
LEASING,MAINTENANCE, USE, OCCUPANCY,EXISTENCE ORLOCATION
OF THEAREA, EXCEPT TO THE EXTENT CAUSED BY TILE NEGLIGENT
ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OFLESSOR.
C. LESSEE COVENANTS AND AGREES TO,AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESSAND DEFEND LESSOR,ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM ANDAGAINSTANYAND ALL CLAIMS
OR LAWSUITS FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, TOANYAND ALL PERSONS, OFANYKIND OR CHARACTER,
WHETHER REAL ORASSERTED,ARISING OUT OF OR IN CONNECTION
WITH TIIIS LEASE OR WITH THE LEASING, MAINTENANCE, USE,
OCCUPANCY, EXISTENCE OR LOCATIONOF THEAREA, EXCEPT TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT OF LESSOR.
D. LESSEE ASSUMES ALL RESPONSIBILITYAND AGREES TO PAY LESSOR
FOR ANYAND ALL INJURY OR DAMAGE TO LESSOR'S PROPERTY WHICH
T OF OR IN CONNECTION WITH ANYAND ALL ACTS OR
( ►' S OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES,
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City of Fort Worth Lease Page 4
CONTRACTORS, SUBCONTRACTORS,LICENSEES,INVITEES, PATRONS
OR TRESPASSERS, EXCEPT TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OF
LESSOR.
E. LESSOR SHALL NOT BE RESPONSIBLE FOR INJURY TOANYPERSON ON
THE AREA OR FOR HARM TOANY PROPERTY WHICH BELONGS TO
LESSEE, ITS OFFICERS,AGENTS, SERVANTS,EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS,LICENSEES,INVITEES OR
PATRONS, AND WHICH MAY BE 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
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL
MISCONDUCT OF LESSOR.
SECTION 11: DEFAULTS AND REMEDIES
A. Lessee Defaults. Each of the following acts or omissions of Lessee or occurrences shall
constitute an "Event of Default:"
(1) Failure or refusal by Lessee to timely pay Rent or other payments hereunder.
(2) Failure to perform or observe any other covenant or condition of this Lease by
Lessee to be performed or observed prior to the expiration of a period of ten (10)
days following written notice to Lessee of such failure.
(3) Abandonment or vacating of the Leased Premises or any significant portion
thereof for a period in excess of ninety(90) days.
(4) The filing or execution or occurrence of: A petition in bankruptcy or other
insolvency proceeding by or against Lessee; or petition or answer seeking relief
under any provision of the Bankruptcy Act; or an assignment for the benefit of
creditors or composition; or a petition or other proceeding by or against the
Lessee for the appointment of a trustee, receiver or liquidator of Lessee or any of
Lessee's property; or a proceeding by any governmental authority for the
dissolution or liquidation of Lessee.
B. This Lease and the Term and estate hereby granted and the demise hereby made are
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:
(1) Terminate this Lease, in which event Lessee shall immediately surrender
ion of the Leased Premises to Lessor.
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(2) Enter upon and take possession of the Leased Premises and expel or remove
Lessee and any other occupant therefrom, with or without having terminated the
Lease.
(3) Alter locks and other security devices at the Leased Premises.
C. 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 Premises 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.
D. In the event Lessor elects to terminate the Lease by reason of an Event of Default, then,
notwithstanding such termination, Lessee shall be liable for and shall pay to Lessor at
Fort Worth, Tarrant County, Texas, the sum of all Rent and other indebtedness accrued to
the date of such termination.
E. Notice of Termination. If Lessee fails to cure any default within the time periods set
forth in Section 12A above, Lessor may terminate this lease upon written notice sent
certified mail to the Lessee. Termination shall be effective 30 days after Lessee receives
such notice.
F. Lessor Default. In the event of any failure to perform any provision in this Lease
Agreement by Lessor, Lessee shall give Lessor written notice specifying the default with
particularity, and Lessor shall thereupon have thirty (30) days (plus an additional
reasonable period as may be required in the exercise by Lessor of due diligence) in which
to cure any such default. If Lessor fails to so cure any default after this notice, Lessee
may terminate this Lease upon written notice to Lessor, such termination to be effective
within ten (10) days after Lessor's receipt of such notice.
SECTION 12. Fixtures .
Lessee may remove all of its owned trade fixtures, office supplies and movable office furniture
and equipment not attached to the Building provided: (1) such removal is made prior to the
termination of the Term; (2) Lessee is not in default of any obligation or covenant under this
Lease at the time of such removal; and (3) Lessee promptly repairs all damage caused by such
removal. All other property at the Leased Premises and any alteration or addition to the Leased
Premises (including wall-to-wall carpeting,paneling or other wall covering) and any other article
attached or affixed to the floor, wall or ceiling of the Leased Premises (any of which as stated
vo a sIi � " "" ssor's prior written consent) shall become the property of Lessor and shall
�n� urrendered with the Leased Premises as part thereof at the termination of
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� City of Fort Worth Lease Page 6
this Lease, Lessee hereby waiving all rights to any payment or compensation therefore. If,
however, Lessor so requests in writing, Lessee will, prior to termination of this Lease, remove
any and all alterations, additions, fixtures, equipment and property placed or installed by it or at
its request in the Leased Premises and will repair any damage caused by such removal.
SECTION 13. Non-Appropriation Termination
Notwithstanding any provision contained herein, this Lease shall terminate in the event
that the governing body of Lessor shall fail to appropriate sufficient funds to satisfy any
obligation of the City of Fort Worth under the Master Lease. 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.
SECTION 14. Surrender of Leased Premises. Upon the termination of this Lease for any
reason whatsoever, Lessee shall surrender possession of the Leased Premises in the same
condition as the Leased Premises were in upon delivery of possession under the Lease,
reasonable wear and tear excepted. Lessee also shall surrender all keys for the Leased Premises
to Lessor at the place then fixed for the payment for rent and shall inform Lessor of all
combinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remove all
its furniture and equipment on or before the termination of the Lease; and Lessee shall be
responsible for repairing any damage to the Leased Premises caused by the removal of furniture
and equipment.
SECTION 15. Governmental Regulations.
A. Lessee agrees to comply fully with all applicable Federal, state, and municipal laws,
statutes, ordinances, codes, or regulations in connection with use of the Leased Premises.
B. Lessee shall not introduce nor allow to be introduced any hazardous waste or materials
within the Leased Premises.
SECTION 16. Assip-nment.
Lessee shall not assign this Lease without the prior written approval of Lessor.
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City of Fort Worth Lease Page 7
SECTION 17. Notices.
All notices to Lessor shall be sent to:
Sigi Frias
Director, Fort Worth International Center
808 Throckmorton
Fort Worth, Texas 76102
All notices to Lessee shall be sent to:
Tarrant County College District
1500 Houston Street
Fort Worth, TX 76102
Attn: David A. Wells, PhD
Mailing of all notices under the Lease shall be deemed sufficient if mailed certified,
return receipt requested and addressed as specified herein to the other party's address. All time
periods related to any notice requirements specified in the Lease shall commence upon the
terms specified in the section requiring the notice.
SECTION 18. Entire Agreement; Modification .
A. This Lease shall constitute the entire agreement of the Lessor and Lessee, and shall
supersede any prior agreements, either oral or written, pertaining to the Leased Premises.
B. This agreement cannot be changed or modified orally, but only by an instrument in
writing signed by both parties.
SECTION 19. Waivers .
One or more waivers of any covenant, term, or condition of the Lease by either Lessor or Lessee
shall not be construed as a waiver of a subsequent breach of the same covenant, term, or
condition. The consent or approval by either Lessor or Lessee to or of any act by the other party
requiring such consent or approval shall not be deemed a waiver or render unnecessary consent to
or approval of any subsequent similar act.
SECTION 20. Choice of Law; Venue.
A. This lease and the relationship created hereby shall be governed by the laws of the State
of Texas.
B. Venue for any action brought to interpret or enforce the terms of the Lease or for any
breach shall be in Tarrant County, Texas.
SECTION 21. Holdover.
Any possession of the Leased Premises by Lessee after the date of expiration or termination of
the Lease shall be deemed to be a month-to-month tenancy at sufferance, terminable by either
a y pqn wr ten notice.
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w n w City of Fort Worth Lease Page 8
SECTION 22. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party must not be employed in the interpretation of this
Agreement or any amendments or exhibits hereto. Lessee has the right to cancel the lease with
thirty(30) days written notice.
ATTACHMENT & EXHIBITS
Exhibit A Leased Premises
SIGNED thisr ��day of ............. 2007.
LESSOR: City of Fort Worth LESSEE:
By:
Dale Fiss ..er David A. Wells
Assistant City Manager Vice Chancelor for Operations and Planning Servic
Tarrant County College District
ATTEST:
Marty Hendrix
City Secretary
APPROVED AS TO FORM AND LEGALITY:
1z
Cat y,kttomey or Hy. Designee
Date:
............
M & C Number: Contract Nutnber:- ............................
.................. 3(o3G
WFICIA'A "ficolo
cirf 6k'
FTA 01011gX1111
Qy of.17ort Worth Lease Page 9
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Dale Fisseler, known to me to be the same person whose name
is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
the City of Fort Worth and that he/she executed the same as the act of said City of Fort Worth
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this u day of
2007.
JI
J
q
Notary Public in and for the State of Texas
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City of Fort Worth Lease Page 10
STATE F TEXAS §
COUNTY OF TARRANT §
BEFORE , the undersigned authority, a Notary Public in for the State of Texas,
on this day personally appeared David A. Wells, known to me to be the same person whose
name is subscribed to the foregoing ins ent, and acknowledged to me that the same was the
act of Tarrant County College District and that he/she executed the same as'the act of said
Tarrant County College District for the purposes and consideration therein expressed and in
e capacity therein stated.
GIVEN UNDER MY HAND AND
�y rySF OFFICE 's day of
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Into y T' lic ' for e tats of T ex
KAREN S SUKNAT
m
Nolary Pubes„State ol Texas
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� y Gnat misMon Expires
«aytflF ® May 19,200
City of'fort Worth Lease Page 11
Exhibit A
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Laity op-,ort Worth Lease Page 12
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2004
DATE: Thursday, August 05, 2004
LOG NAME: 17FWIC LEASE REFERENCE NO.: **G-14446
SUBJECT:
Authorization to Sublease the Leased Space at 808 Throckmorton Street, Fort Worth, Texas, for the
Fort Worth International Center
RECOMMENDATION:
It is recommended that the City Council authorize the Fort Worth International Center (FWIC), through
February 28, 2012:
1. To sublease available space and work stations to organizations involved in international trade or
relationships in order to generate rent revenue;
2. To offer short-term no-cost leases to foreign companies evaluating investment in Fort Worth-, and
offer no-cost leases to local, state, federal and foreign government agencies, with a requirement to
report quarterly performance measures.
DISCUSSION:
The Fort Worth International Center occupies 13,344 square feet in the building located at 808
Throckmorton Street. The current lease on the space expires February 28, 2009 and includes a clause
permitting renewal until 2012. Rent revenue collected from tenants will offset the cost oft lease to the
General Fund.
Offering short-term, (normally 4 to 6 weeks), no-cost leases, to foreign companies that come to Fort Worth
to evaluate making an investment, is a strategy in the FWIC business plan to facilitate recruiting foreign
investment in Fort Worth. Companies assessing Fort Worth for office, warehouse and/or manufacturing
facilities will be allowed to use an is in the FWIC during regular office hours. No keys will be
issued. Telephone lines in the office would be restricted from long distance charges. Limited receptionist
services would be included.
The FWIC builds relationships with government agencies to provide international business development
and transaction level assistance to local businesses. Such government agencies may be offered no-cost
leases. The no cost lease covers office space only. All other expenses incurred by the government agency
pertinent to occupying the space will be the responsibility oft agency. Those leases would include a
requirement to report performance measures, such as numbers and amounts of transactions each quarter.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that the Economic & Community Development Department will be
responsible for the collection and deposit of funds for any subleases generated by this agreement.
Lognariie: 17FWIC LEASE Page I of 2
.........................
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01.442323 0174010 $Q.-O-O-
Submifted for City Manager's Office by. Dale Fisseler (Acting) (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Dorothy Wing (212-2665)
Logname: 17FWIC LEASE Page 2 of 2