HomeMy WebLinkAboutContract 27682-A3 SEC
CON RACTENO X11 3
AMENDMENT OF LEASE AGREEMENT
THIS Lease Renewal is made and entered into by Monroe Street Professional Building, Ltd.
("Lessor"), acting by and through its General Partner Cacharel Co., Inc and the City of Fort Worth
("Lessee")
WHEREAS, Lessor and Lessee made and entered into a five year lease for 1983 rental
square feet of office space in the Monroe Building located at 900 Monroe, City Secretary Contract
Number 27682 ("Lease"). A copy of the Lease is attached hereto as Exhibit A and incorporated
herein by reference as if it were set forth in full;
WHEREAS, the Lease allows the Lessee to renew the Lease for two successive five year
terms; '
WHEREAS, the Lease was amended on July 30, 2003 to include additional space, City
Secretary Contract 28949, for a total of 2733 rentable square feet;
WHEREAS, the Lease was amended on December 15, 2004, to include additional space,
City Secretary Contract 31047, for a total of 3157 rentable square feet;
WHEREAS, the Lease was amended on October 27, 2006 to include an additional 347
square feet.
NOW THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
1. The term of this First Lease Renewal shall be for five years, commencing on May 1,
2007, and ending on April 30, 2012.
2. The Leased Premises shall add an additional 637.5 square feet more particularly
described in Exhibit B.
3. Total rentable area lease will be 4,141.50.
4. The Lessee agrees to pay the rental rate of$14.50 per square foot per year during the
term of this Lease Renewal,payable in equal monthly installments of$5,004.31
5. Lessor and Lessee acknowledge and agree that this is the First Renewal of the Lease
and that Lessee has the right to renew the Lease for an additional five years after the
First Renewal has expired.
6. All other terms and conditions of the Lease remain unchanged.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IN Wi NESS WHEREOF, the parties hereto have executed this Amendment as of this 19'!�day
of , 2009.
LESSOR: Monroe Street Professional LESSEE: City of Fort Worth
Building,Ltd
V _
V B
By: y:
Ron Crabtree Assistant City ger
President
Cacheral Co., Inc.
General Partner
APPR VEDAS
O FORM AND LEGALITY:
By: 414 1A
s istant City Attorn y
ATTEST:
By:f����
City Secretary
M &C: �-1 -7 L(�---
OFFICIAL RECORD
CITY SECRETARY
i FT.WORTH,TX
s
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the I' day of May, 2002 the
effective date hereof, at Fort Worth, Texas by and between Monroe Street Professional Building, Ltd.,
(Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its duly
authorized representative, Assistant City Manager, Reid Rector (Lessee). The term "Lessor" shall
include the agents, representatives, employees, and contractors of Lessor. The term "Lessee" shall
include the agents, representatives, and employees of Lessee.
SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under
this Lease, Lessor leases to Lessee and Lessee leases from Lessor:
Approximately 1983 rentable square feet of office space in the Monroe Building (the
"Building") at 900 Monroe Street, Fort Worth, Tarrant County, Texas, a more particular
description of which is attached as "Exhibit A". Landlord shall provide tenant with one
parking space (Parking Space Number 454) in the adjacent parking garage at 909 Taylor
Street.
This office space 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".
The boundaries and location of the Leased Premises are described on the attached Exhibit A
and made a part hereof.
SECTION 2. Use of premises. The leased premises shall be used primarily for administrative
offices for the City of Fort Worth.
The Leased Premises may not be used for any illegal activity, or any activity of a hazardous or
high-risk nature that would endanger property or human safety. Lessee will 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 3. Term and Rent. This lease shall be for a period of five years commencing on May 1,
2002, and terminating on April 30, 2007, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. During the initial five-year term, Lessee shall
pay Lessor annual rent of $12.10 per square foot per year, payable in equal monthly installments of
$1,999.53 The rental payment shall be made to the Lessor on the first day of each month during the
term of this Lease and the first day of the month during any extension of the Lease. Rent for any
partial calendar months shall be prorated on a per diem basis.
Ciry of Fort Worth Lease Page 1 ; ,
Landlord shall provide tenant one parking space in the adjacent garage for the cost of $75.78 per
month.
Lessee shall have the right to renew this Lease for a maximum of two successive five-year terms.
The terms of this Lease shall continue to govern and control the relationship of the parties during the
renewal periods. Rent for each of the renewal terms shall be as follows:
Renewal Term Rent rate per square foot per year Monthly rent installment
1 n $14.50 $2,396.13
2nd $16.00 $2,644.00
SECTION 4. Taxes, Insurance, Utilities. Care of the of the Leased Premises and Buildina
Operating Expenses, Maintenance and Services. Lessor agrees to be responsible for the payment
of all electricity, natural gas, water, or other utility charges that come due and payable during the term
Lessee occupies the Leased Premises.
Lessee shall pay its pro rata share of any increase in taxes, insurance, utilities, (which shall
include water, sewer, trash, electricity and gas), building operating expenses which shall be defined as
follows: As used herein, the term "Operating Expenses" means all costs and expenses incurred or
accrued in each calendar year in connection with the ownership, operation, maintenance, repair,
janitorial service and protection of the Property which are directly attributable or reasonably allocable
to the Property (including the Building and the Common Area). Including Landlord's personal
property used in connection with the Property and including all costs and expenditures relating to the
following (1) operation, maintenance and repair of any part of the Property and replacement of non-
capital items that are part of the Property, including the mechanical, electrical, plumbing, HVAC,
vertical transportation, fire prevention and warning and security systems (but with respect to
replacement of any such systems or components of such systems, only to the extent that such systems
or components are not capital items); materials and supplies (such as building standard light bulbs and
ballasts); equipment and tools; floor, wall and window coverings; personal property; required or
beneficial easements; and related service agreements and rental expenses, to the extent they exceed
the actual cost of those items for the calendar year 2002. Tenant's annual increases shall not exceed
five percent (5%)per year exclusive of taxes, insurance and utilities.
Lessor agrees to pay all taxes and insurance as they come due. Lessor shall keep the Leased
Premises in good, clean and habitable condition, normal wear and tear excepted.
Section 5. Improvements, Repairs, Replacements, Additions and Removals.
Lessor at his own expense shall renovate the Leased Premises as described in Exhibit "C" and
made a part hereof.
Lessor, in accordance with Section 4 of the Lease, shall maintain in good repair the roof,
foundation, exterior walls, heating, air conditioning, electrical, plumbing, and interior painting or
other treatment of interior walls of the common areas of the Building..
City of Fort Worth Lease Page 2
Lessee agrees to give Lessor written notice of defects or need for repairs in the rood
foundation, exterior walls, heating, air conditioning, electrical, and plumbing of the Leased Premises.
Lessee will provide such written notification as soon as it discovers repairs are necessary and Lessor
shall complete or have completed the repairs or maintenance within 10 days of receiving such
notification (or if repair is not capable of being completed within 10 days, within a reasonable time
thereafter, so long as Lessor is diligently pursuing such repair). Failure of the Lessor to complete
such repairs or maintenance shall be considered a default under the Lease.
SECTION 6. Insurance. Lessor agrees to insure the structure and premises of 900 Monroe Street,
Fort Worth, Tarrant County, Texas 76102. Such insurance shall provide protection for liability, fire
and casualty, and property damage for the property owned by the Lessor, situated at, and including,
the Leased Premises. Verification of this coverage shall be provided to Lessee prior to the execution
of this contract. Lessee assumes no liability or financial obligation for the acquisition or maintenance
of such insurance; all costs incurred during the course of insuring the premises shall be borne solely
by the Lessor.
SECTION 7. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE
EXISTENCE OF THIS LEASE OR THE USE OR OCCUPANCY OF THE LEASED
PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF
RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION
OF LESSOR, LESSEE, OR ANY THIRD PARTY.
LESSOR SHALL LIKEWISE RELEASE, INDEMNIFY, HOLD HARMLESS AND
DEFEND LESSEE FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS RELATED
IN ANY WAY TO ANY DAMAGE TO, OR DEFECTS IN, THE LEASED PREMISES OR
ANY OTHER ADVERSE CONSEQUENCES RELATED TO THE LEASED PREMISES,
REGARDLESS OF WHETHER THE ACT OF OMISSION COMPLAINED OF RESULTS
FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF
LESSOR, LESSEE, OR ANY THIRD PARTY.
TO THE EXTENT PERMITTED BY LAW LESSEE SHALL INDEMNIFY,
PROTECT, DEFEND AND HOLD HARMLESS LESSOR AND IT'S AFFILIATED
COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, -INDEMNITEES")
FOR, FROM AND AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, LIENS,
COSTS, FINES, PENALTIES, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSE
(INCLUDING COURT COSTS, ATTORNEYS' FEES, AND COSTS OF INVESTIGATION)
OF ANY KIND FOR BODILY OR PERSONAL INJURY (INCLUDING DEATH) OR
PROPERTY DAMAGE OCCURRING ON, IN OR ABOUT THE LEASED PREMISES
(COLLECTIVELY, "LIABILITIES") OR IN ANY MANNER ARISING OUT OF OR
CONNECTED WITH LESSEE'S USE AND OCCUPANCY OF THE LEASED PREMISES.
City of Fort Worth Lease Page 3
NOTHING CONTAINED HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE
LESSEE TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS
UNDER THIS LEASE
SECTION 8: DEFAULTS AND REMEDIES
8.1 Lessee Defaults. The occurrence of any of the following shall constitute a default under this
Lease:
(a) Lessee's failure to pay rent or to make any other payment required to be
made by Lessee hereunder when due within ten (10) days after Lessee's
receipt of written notice of nonpayment from Lessor, provided however,
that Lessee is entitled to only two such notices per calendar year. After
second notice Lessee shall be in default if any payment is not made when
due.
(b) Abandonment or vacation of the Leased Premises by Lessee, for any
purpose except remodeling or restoration.
(c) Lessee's failure to observe or perform any other provision of this Lease to
be observed or performed by Lessee, where such failure continues for 30
days after written notice thereof by Lessor to Lessee; provided, however,
that if the nature of such failure cannot reasonably be cured within such
thirty (30) day period, Lessee shall not be deemed to be in default if
Lessee shall within such period commence such cure and thereafter
diligently prosecute the same to completion.
8.2 Remedies for Lessee Defaults
In the event of any default by Lessee, then, in addition to any other remedies available to
Lessor at law or in equity (all of which rights and remedies shall be cumulative, with the
exercise of one or more rights or remedies not to impair Lessor's rights to exercise any other
right or remedy, and all of which may be exercised with or without legal process as then may
be provided or permitted by the laws of the State of Texas), Lessor shall have the following
remedies:
(a) Lessor may terminate this Lease and all rights of Lessee by giving written notice to
Lessee of such election. If Lessor elects so to terminate this Lease, Lessor may
recover from Lessee: (i) the worth at the time of award of any unpaid rent and any
other indebtedness (ii) the amount of the amortized tenant improvement work which
has not been paid.
As used in (i) and (ii) above, the "worth at the time of award" is computed by allowing
interest at the highest rate allowed to be charged by nonexempt lenders on other than
consumer loans under Texas usury laws.
(b) In addition to the rights set forth above, Lessor may also alter locks and/or security
devices at the Leased Premises following notice of termination of the Lease.
City of Fort Worth Lease Page 4 ;!
I. Nothing in this Section 8 shall be deemed to affect Lessor's right to indemnification
for liability or liabilities arising prior to termination of this Lease for personal injury or
property damage under the indemnification clause or clauses contained in this Lease.
2. Notice of Termination. If Lessee fails to cure any default within the time periods set
forth in Section 8.1 above, Lessor may terminate this lease upon written notice to the
Lessee. Termination shall be effective 5 days after Lessee receives such notice.
8.3 Lessor Default.
In the event of any default 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
thirty (30) days after Lessor's receipt of such notice. All obligations of Lessor under this
Lease are covenants, not conditions, and all obligations of Lessor are binding upon Lessor
only during the period of its ownership of the Leased Premises and not thereafter. Lessor's
liability for the performance of any Lessor obligations under this Lease is limited to Lessor's
interest in the Leased Premises. The owner of the Leased Premises at the date of
commencement of the term will be released from all obligations of the Lessor accruing after
any transfer of the Leased Premises to a subsequent owner, and the covenants and obligations
of Lessor are binding during the term upon each new owner for the duration of such owner's
ownership.
SECTION 9. Fixtures . Lessor herein agrees that no property or equipment, owned or installed by
Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that
Lessee shall reserve the right to remove any and all such property or equipment at any time during the
term of this lease, or subsequent to its termination by either party. Lessor further agrees that she/he
will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 10. Termination and RiLyht of Inspection.
10.01 If Lessee elects to terminate the Lease because of any alleged default or breach by
Lessor of any Lease provisions, Lessee shall be required to give Lessor immediate
notice in writing of that intention stating specifically the reasons therefor and allowing
Lessor thirty (30) calendar days after the date of Lessor's receipt of the notice to cure
any or all defaults(s) or breach (es) specified in the notice. If the specified defaults or
breach (es) of Lessor are not cured to the satisfaction of Lessee's Administrator of
Real Property Services, the Lease will be terminated. Termination pursuant to
Lessor's default shall be without further penalty or expense to either party.
10.02 Funding, Non-Appropriation and Termination. 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
City of Fort Worth Lease Page 5
all appropriated funds, whichever comes first. Termination pursuant to this non-
appropriation clause shall be without further penalty or expense to either party.
Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of
inspecting the Leased Premises, provided that such entry does not conflict with Lessee's rights
hereunder.
SECTION 11. 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 damaged to the Leased
Premises caused by the removal of furniture and equipment.
SECTION 12. Governmental ReLrulations. 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. Provided, however, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"), 42
U.S.C. § 1201 et seq., shall fully indemnify and hold harmless Lessee from and against any and all
claims, losses, damages, suits, and liability of every kind, including all expenses of litigation, arising
out of or in connection with the Leased Premises' compliance, or lack of compliance, with ADA, and
(ii) shall make all improvements necessary to correct and/or abate all environmental hazards of the
Leased Premises.
SECTION 13. Acceptance of Leased Premises . Lessee represents that it takes the Leased
Premises in good condition and that the Leased Premises are suitable for the purposes for which they
are being leased.
SECTION 14. Assianment. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors,
and lawful assignees of Lessor and the successors of Lessee, as permitted by the terms of this
agreement and by the laws assignment or sublease shall be subject to all the responsibilities and
liabilities of Lessee and shall be subject to all provisions regarding termination and eviction.
SECTION 15. Subordination to Mortenes, Estoppel Certificate. Tenant accepts this Lease
subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now
affecting the Premises, the Building or the Property, and to renewals, modifications, refinancings and
extensions thereof and if, but only if, each holder of any mortgage, deed of trust, ground lease or other
Hen subsequently affecting the Premises, the Building or the Property has executed and delivered to
Tenant a SNDA (hereinafter defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and
other lien(s) subsequently affecting the Premise, the Building or the Property, and to renewals,
modifications, refinancings and extension thereof(collectively, a "Mortgage"). The party having the
benefit of a Mortgage shall be referred to as a "Mortgagee." This clause shall be self-operative, but
upon request from a Mortgagee, Tenant shall execute a commercially reasonable SNDA in favor of
City of Fort Worth Lease Page 6
SIGNED this 13 - day of d , 2002
LESZMtrtrofessional Building, Ltd., dba LESSEE: CITY OF FORT WORTH
By: By:
Ron Crabtree Reid Rector
President Assistant City Manager
Cacharel Co., Inc.
It's General Partner
ATTEST:
Gloria P arson
City Secretary
APPRO D AS TO FORM AND LEGALITY:
City ey, or His Designee
Date: 1-1 - 3 O - O -,
M& C Number: L - 1 3 a Contract Number: Y?
Cit'of Fort Worth Lease Page 9
EXHIBIT B
Rules and Regulations of the Building
I. Tenant will refer to Landlord all contractors,contractor's representatives and
installation technicians rending any service for Tenant for Landlord's supervision and/or
written approval before performance of any such contractual services. This shall apply to all
work performed in the Building, including,without limitation:(1)installation of telephones,
telegraph equipment,electrical devises and attachments,and installations of any and every
nature affecting floors,walls,woodwork,trim,windows,ceiling,equipment or any other
physical portion of the building,(2)painting or drilling(3)boring,cutting or stringing wives.
2. The work of the cleaning personnel shall not be hindered by Tenant after 5:30 P.M.,
and the work may be done at any time when the offices are vacant. The windows,doors and
fixtures may be cleaned at any time. Tenant shall provide adequate waste receptacles,
cabinets,bookcases,map cases,etc.necessary to prevent unreasonable hardship to Landlord in
discharging its obligation regarding cleaning services.
3. Movement in or out of the Building of fixtures of office equipment,or dispatch or
receipt by Tenant of any merchandise or materials which requires movement through the
Building entrance or lobby,is restricted to hours designated by Landlord and in a manner to be
approved by Landlord. The approval by Landlord shall include its determination,decision and
control of the time,method and routing of equipment and furniture,together with any
limitations imposed by safety or other concerns that may prohibit any articles,equipment or
any other item from being brought into the building. Any hand trucks,carryalls,or similar
appliance used for delivery or receipt of merchandise or equipment shall be equipped with
rubber tires,side guards,and such other safeguards, as Landlord shall require. Tenant
expressly assumes all risk of damage to the Property and to any and all articles so moved, as
well as injury to any person or persons or the public engaged or not engaged in the movement.
Landlord is not liable for the act or acts of any person or persons so engaged for any damage
or loss to any property of persons resulting directly or indirectly from any act in connection
with service performed by or for Tenant.
4. Tenant shall not place, install,or operate on the Property any engine,stove or
machinery,or conduct mechanical operations or cook therein,or place or use in or about the
Premises any explosives,gasoline,kerosene,oil,acids,caustics,or any other flammable,
explosives,hazardous or odorous material without the prior written consent of Landlord.
If consent is granted,Tenant will be required to furnish approved fire extinguishers and have
them inspected and approved by the proper local authorities on an annual basis. No portion of
the Premises shall at any time be used for cooking, sleeping or lodging quarters.
5. Landlord will not be responsible for any lost or stolen personal property,equipment,
money,jewelry, from any of the Property or any public areas regardless of whether the loss
occurs when the area is locked against entry or not.
6. Tenant or the employees, agents,servants, visitors,or licensees of Tenant shall not at
any time or place, leave or discard any rubbish, paper,articles,or objects of any kind
whatsoever outside the doors of the Premises,or in the corridors or passageways of any
portion of the Property. No birds,animals,bicycles or vehicles shall be brought into or kept in
or about the Building.
City of Fort Worth Lease Page 14
7. Landlord may permit entrance to Tenant's offices by use of passkeys controlled by
Landlord's agents, employees, contractors,or service personnel supervised or employed by
Landlord. No additional locks or similar devices shall be placed by Tenant on any door in the
Building unless written consent of Landlord shall have first been obtained. Two(2)keys will
be furnished by Landlord for the Premises any additional keys required must be obtained from
Landlord. A charge will be made for each additional key furnished. All keys shall be
surrendered to Landlord upon termination of tenancy.
8. None of the entries,passages,doors,hallways,or stairways shall be blocked or
obstructed by Tenant.
9. Landlord shall have the right to determine and prescribe the weight and property
position of any unusually heavy equipment,including without limitation,all safes,large files,
computers,etc.that are to be placed in the Building,and only those which in the sole opinion
of the Landlord will not damage the floors,structure,and/or elevators,may be moved into said
Building. Any damage,occasioned in connection with the moving or installation of the
aforementioned articles in said Building,or the existence of same in said Building shall be
paid for by Tenant.
10. All Christmas and other temporary or special decorations must be flame retardant and
removed within seven(7)days.
11. Tenant shall provide Landlord a list of employees authorized access into Tenant's
office should the employee become locked out of the space during normal business hours.
12. Building hours are 7:00 A.M.—6:00 P.M.,Monday through Friday and 9:00 A.M.—
1:00 P.M.,Saturday,except holidays. After hours air condition/heating(7:00 P.M.—6:00
A.M., Monday through Friday, 3:00 P.M.— 12:00 Midnight, Saturday and 24 hours a day
Sunday and holidays),must be requested in writing by noon of a regular workday prior to the
day for which additional air conditioning/heating is requested. An hourly charge will be made
for all after hours air conditioning/heating.
13. Any furniture or equipment removed from the Building after hours must be listed in
security officer's building register by notifying the building management. Description and
serial numbers must be include on the stationery(letterhead)of Tenant.
14. Names to be placed on or removed from directories should be furnished to the
Building Manager in writing on Tenant's letterhead.
15. Electric meters, where used,are read on or about the 20`s of each month. Such
readings may be checked by Tenant at any time and the current consumed I charged with and
in addition to the following month's rent,at rates prescribed by City Public Service.
16. Any additional services not required by Lease to be performed by Landlord,which
Tenant requests Landlord to perform and which are performed by Landlord shall be billed to
Tenant at Landlord's cost plus 20%.
17. All doors leading from public corridors to the Premises are to be kept closed.
18. Canvassing,soliciting or peddling on or about any portion of the Property is
prohibited and Tenant shall cooperate to prevent same.
19. Tenant shall give immediate notice to the Property Manager in case of accidents in
the Premises or any portion of the Property or of defects therein or in any fixtures or
equipment,or of any other type of emergency on or about the Property.
City of Fort Worih Lease Page 15
20. Tenant shall not use the Premises or permit the Premises to be used for photographic
or multigraph reproductions except in connection with its own business and then only with the
Landlord's prior written consent.
21. Any requirements of Tenant will be attended to only upon application at the office of
the Property Manager. Employees of the Property shall not perform any work or do anything
outside of their regular duties,unless under special instructions from the office of the Property
Manager.
22. Tenant shall not make or permit any loud or improper noises in or about the Property
or otherwise interfere in any ay with other tenants or persons having business with them.
23. For purposes of the Lease, holidays are be deemed to mean and including the
following:
New Year's Day Fourth of July
Labor Day Memorial Day
Thanksgiving and Christmas
The Friday following Thanksgiving Day
24. Tenant shall not install any floor covering in the Premises except with the prior
approval of Landlord. The use of cement or other similar adhesive material is expressly
prohibited.
25. The parking lot and driveway are to be used only for the purpose intended by
Landlord and shall not be obstructed or misused in any way. Parking or standing in any
authorized area is prohibited.
26. Tenant shall not place anything or allow anything to be placed on or near the glass of
any window, door,partition or wall which may appear unsightly from outside the Premises;
provided however,that Landlord may furnish and install a Building standard window covering
on all exterior windows.
27. The toilet rooms,urinals,wash bowls and other apparatus shall not be used for any
purposes other than that for which they were constructed and no foreign substance of any kind
whatsoever shall be thrown therein and the expense of breakage,stoppage or damage resulting
from the violation of this rule shall be borne by the Tenant who,or whose employees or
invitees shall have caused it.
28. Landlord reserves the right to exclude or expel from the Property any person who, in
the judgment of Landlord is under the influence of liquor or drugs,or who shall in any manner
do any act in violation of any of these Rules and Regulations.
29. No vending machine or machines or any description shall be installed,maintained or
operated upon the Premises without the written consent of the Landlord_
30. Without the written consent of Landlord, Tenant shall not use the name of the
Building in connection with or in promoting or advertising the business of Tenant except at
Tenant's address.
31. Landlord shall have the right to control and operating public portions of the Property,
the public facilities and heating and air condition as well as facilities furnished for the
common use of the Tenants in such manna as it deems best for the benefit of the Tenant
generally.
32. Tenant shall fully cooperate and participate in all evacuation, fire safety and related
emergency or security procedures established from time to time by Landlord.
City of Fort Worth Lease Page 16
33. Smoking of cigarettes, cigars,pipes,or any tobacco product inside any portion of the
building at any time is expressly prohibited. Smoking is permitted in outdoor smoking areas
which the Lessor may designate at its sole discretion. Lessor may make special exceptions to
this Rule if Lessee installs ventilation equipment acceptable to Lessor.
34. Landlord reserves the right at any time to rescind any of these Rules and Regulations
of the Building,and to make such other and further rules and regulations as in its sole
judgment shall from time to time be needful for the safety,protection,care and cleanliness of
the Building,the Premises and the attached parking facilities,the operation thereof,the
preservation of good order therein and the protection and comfort of the other Tenant sin the
Building and their agents,employees,and invitees,which Rules and Regulations,when mad
and written notice thereof is given to Tenant,are be binding upon Tenant in like manner as if
originally herein prescribed.
City of Fort Worth Lease Page 17
EXHIBIT C
TENANT IMPROVEMENT
TEMPORARY SPACE
Lessor shall perform the following work in Tenant's premises:
• Install two(2)new doors in offices one(1)and three(3)
If Lessee's contemplated move to the permanent space cannot be accomplished,the temporary
premises will be reconfigured at Lessor's cost to not less than 1,983 rentable square feet to
accommodate Lessee's permanent use.
City of Fort Worth Lease Page 18
•
EXHIBIT C
TENANT IMPROVEMENTS
PERMANENT SPACE
Lessor shall perform the following work in Tenant's premises to achieve the office
configuration highlighted on Exhibit A of the Lease:
(1) Build 87 linear feet of wall.
(2) Install six(6)doors
(3) Repair carpet as necessary
(4) Add wood mini-blinds to exterior windows as needed
(5) Add one(1)electric circuit for copier in storage room
(6) The option office(highlighted in yellow on Exhibit A)shall be added to the
premises subject to fire department approval of the hallway.
City of Fort Worth Lease Page 19
V
EXHIBIT "Br
OFFICE SPACE OCCUPIED BY THE CITY OF FORT WORTH,
ECONOMIC AND COMMUNITY DEVELOPMENT (ECD) DEPARTMENT
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• City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/17/2007
DATE: Tuesday, April 17, 2007
LOG NAME: 17ECDLEASE REFERENCE NO.: **L-14304
SUBJECT:
Authorize a Lease Agreement with Monroe Street Professional Building, Limited for Office Space
Located at 900 Monroe Street to be Used by the Economic and Community Development
Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Monroe Street Professional Building,
Limited for office space located at 900 Monroe Street to be used by the Economic and Community
Development Department; and
2. Authorize the City Manager to exercise the second five year renewal option in 2012 at a rate of $16.00
per square foot, if funds are available and the space is needed.
DISCUSSION:
On April 30, 2002, the City Council authorized the City Manager to enter into a lease with Monroe Street
Professional Building, Limited for office space located at 900 Monroe Street to be occupied by staff from the
Economic and Community Development Department (City Secretary Contract No. 27682 as amended by
City Secretary Contract No. 28949 and 31047).
The original agreement was for a five year period, which began May 1, 2002, and included two five-year
renewal options at the end of the term of the agreement. ECD is now exercising the first five-year renewal
term, with the second five-year renewal term to be exercised in 2012.
The lessor and lessee agree that the lessee will lease 3,504 square feet at a lease rate of $14.50 per
square foot. This is a lease cost of $50,808.00 annually, or $4,234.00 monthly, plus $75.78 per month for
parking. The new monthly rate will become effective May 1, 2007. In addition, ECD will be responsible for
its share of the operating expenses as described and limited under the terms of the lease agreement.
All other terms and conditions of the original lease agreement and subsequent amendments remain
unchanged.
FISCAL INFORMATIQN/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
Logname: 17ECDLEASE Page I of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 537010 0171000 50.00
Submitted forCity Manager's Office by. Dale Fisseler(6140)
Originating_Department Head: Tom Higgins (6192)Jay Chapa (5804)
Additional Information Contact: Ardina Washington (8003)
Loi-,name: 17ECDLEASE Page 2 of 2
CITY SECRETARY rV
CONTRACT NO.
FIRST A"lENDMENT T^ LEASE ArREEMENT
WHEREAS, the Monroe Street Professional Building, Ltd. ("Lessor"), acting by and through
Ron Crabtree, the duly authorized President of Cacheral Co, Inc., General Partner of Monroe
Street Professional Building, Ltd. and City of Fort Worth ("Lessee"), acting herein by and
through Reid Rector, its duly authorized Assistant City Manager, made and entered into a Lease,
City Secretary Contract 27682 ("Lease").
WHEREAS, it has become necessary to amend said Lease to include additional space.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly authorized
representatives, for and in consideration of the rent paid, the covenants and agreements to be
performed, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, enter into the following agreement,which amends the Lease as follows:
1.
Section One "Leased Premises" of the Lease is hereby amended as follows:
"Approximately 2733 rentable square feet of office space in the Monroe Building
(the"Building") at 900 Monroe Street, Fort Worth,Tarrant County, Texas, a more
particular description of which is attached as "Exhibit A". Landlord shall provide
tenant with one parking space (Parking Space Number 454) in the adjacent
parking garage at 909 Taylor Street.
This office space 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".
The boundaries and location of the Leased Premises are described on the attached
Exhibit A and made a part hereof."
2.
Section Three "Term and Rent" of the Lease is hereby amended as follows:
"This lease shall begin on the Effective Date and terminate on April 30, 2007,
unless a prior termination is effected by either Lessor or Lessee under the
termination provisions of this lease. During the initial term. Lessee shall pay
Lessor annual rent of$12.10 per square foot per year. payable in equal monthly
installments of$2,755.78. Upon receipt of an invoice from the Lessor by the 151h
of the previous month, the rental payment shall be made to the Lessor on the first
day of each month during the term of this Lease and the first day of the month
during any extension of the Lease. Rent for any partial calendar months shall be
prorated on a per diem basis.
r i t
Landlord shall provide tenant one parking space in the adjacent garage for the
cost of$75.78 per month.
Lessee shall have the right to renew this Lease for a maximum of two successive
five year terms. The terms of this Lease shall continue to govern and control the
relationship of the parties during the renewal period. Rent for each of the renewal
terms shall be as follows:
Renewal Term Rent rate per square foot per year
1St $14.50
2nd $16.00"
3.
All other provisions of the Lease which are not expressly amended herein, shall remain in full
force and effect.
4.
This lease amendment shall become effective when the construction of improvements listed on
Exhibit "C" Tenant Improvements Permanent Space attached to the Lease are completed to
Lessee's satisfaction and Lessee can occupy the additional space or on June 1, 2003, whichever
is later("Effective Date").
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of thisday
of / 1-2003.
LESSOR:Monroe Street Professional LESSEE: City of Fort Worth
Building,Ltd.
By: By:
Ron Crabtree Reid Rector
President Assistant City Manager
Cacheral Co., Inc.
General Partner
135
ATTESTED BY Contract a uthoriizzza/ftion
Date
's!
2
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of
^ , 2003, by Reid Rector, Assistant City Manager for the City of Fort Worth,
on behalf of the City of Fort Worth.
� ,�°a ROSELLA BARNES �,�lel,
° �' NOTARY PUBLIC Notary Public, State of Texas
�*= state of Texas
PiComm.Exp.03-31-2005
STATE OF TEXAS §
COUNTY OF TARRANT §
TPis instrument was acknowledged before me this they day of
2003, by Ron Crabtree, President of Cacharel Co., Inc, General Partner for
nroe 9treet Professional Building Ltd. on behalf of Monroe Street Professional Building, Ltd.
Notary Public, State of' as
UZ;:PETH J.WILL
'detary !rNic.;tate of Texas
;+ ••••,��=wCommissionExpires 06.30-06
City of Fort Worth, Texas
"Agar And council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/20/03 **L-13562 30MONROE 1 of 1
SUBJECT AUTHORIZE AN AMENDMENT OF LEASE WITH MONROE STREET PROFESSIONAL
BUILDING LIMITED FOR OFFICE SPACE LOCATED AT 900 MONROE STREET FOR
THE ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment lease
with Monroe Street Professional Building, limited for office space located at 900 Monroe Street for the
Economic and Community Development (ECD) Department.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the ECD Department,
negotiated a lease contract with Monroe Street Professional Building, Limited for office space located at
900 Monroe Street (M&C L-13285 approved on April 30, 2002).
AMENDMENT OF LEASE AGREEMENT
The lessor and lessee agree that the lessee will lease an additional 750 square feet at a lease rate of
$12.10 per square foot, an additional cost of $9,075.00 per year and a total of $33,069.30 annually, or
$2,755.78 monthly. The new monthly rate will become effective June 1, 2003, if the department is able
to occupy the space. The additional square footage will be utilized as office space to accommodate
current departmental activity including a recent increase in staff.
All other terms and conditions of the original lease agreement and renewal letters remain unchanged
and in full force and effect. The lease shall be for a period of five years commencing on May 1, 2002,
and terminating on April 30, 2007, unless a prior termination is effected by either lessor or lessee under
the termination provisions of this lease.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
MO:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
�1arc Ott 8476
Originating Department Head:
i
1 DouglasRademaker X157 1 (imrn) 1PPROVED05,20!03
GG01 536040 0171000 b3.025.00
f ;Additional Information Contact: `
I
Douglas Rademaker 6157 I
ECRETARY JJ ''� r,
TRACT NO. 3-J `-t- 1
SECOND AMENDMENT TO LEASE AGREEMENT
WHEREAS, the Monroe Street Professional Building, Ltd. ("Lessor"), acting by and through Ron
Crabtree, the duly authorized President of Cacheral Co, Inc., General Partner of Monroe Street
Professional Building, Ltd. and City of Fort Worth ("Lessee"), acting herein by and through Dale
Fisseler, its duly authorized Acting Assistant City Manager, made and entered into a Lease, City
Secretary Contract 27682 ("Lease"), which was amended to include additional space by City
Secretary Contract 28949
WHEREAS, it has become necessary to amend said Lease to include more additional space.
NOW THEREFORE, Lessor and Lessee, acting herein by and through their duly authorized
representatives, for and in consideration of the rent paid, the covenants and agreements to be
performed, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, enter into the following agreement, which amends the Lease as follows:
1.
Section One"Leased Premises" of the Lease is hereby amended as follows:
"Approximately 3157 rentable square feet of office space in the Monroe Building
(the "Building") at 900 Monroe Street, Fort Worth, Tarrant County, Texas, a more
particular description of which is attached as "Exhibit A". Landlord shall provide
tenant with one parking space (Parking Space Number 454) in the adjacent parking
garage at 909 Taylor Street.
This office space 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".
The boundaries and location of the Leased Premises are described on the attached
Exhibit A and made a part hereof"
2.
Section Three"Term and Rent" of the Lease is hereby amended as follows:
"This lease shall begin on the Effective Date and terminate on April 30, 2007, unless
a prior termination is effected by either Lessor or Lessee under the termination
provisions of this lease. During the initial term, Lessee shall pay Lessor annual rent
of $12.10 per square foot per year, payable in equal monthly installments of
$3.183.31. Upon receipt of an invoice from the Lessor by the I5 h of the previous
month. the rental payment shall be made to the Lessor on the first day of each month
during the term of this Lease and the first day of the month during any extension of
the Lease. Rent for any partial calendar months shall be prorated on a per diem
basis.
Landlord shall provide tenant one parking space in the adjacent garage for the cost of
575.78 per month.
Lessee shall have the right to renew this Lease for a maximum of two successive five
year terms. The terms of this Lease shall continue to govern and control the
relationship of the parties during the renewal period. Rent for each of the renewal
terms shall be as follows:
Renewal Term Rent rate per square foot per gear
1'` $14.50
2"d $16.00
3.
All other provisions of the Lease which are not expressly amended herein, shall remain in full force
and effect.
4.
This lease amendment shall become effective when the construction of all necessary improvements
are completed to Lessee's satisfaction and Lessee can occupy the additional space or on October 1,
2004, whichever is later("Effective Date").
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of this day of
llaj`(l x,, , 2004.
LESSOR:Monroe Street Professional LESSEE: City of Fort Worth
Building,Ltd.
y
By: By:
Ron Crabtree Dale isseler
President Acting Assistant City Manager
Cacheral Co., Inc.
General Partner APPROV AS TO FORM AND LEGALITY:
By:
Cynthia W Garcia, Assistant City Attorney
ATTEST: ,
By: i��
Marty Hendrix.CUty Secretary
M &C: L-13876 8/17!04
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day ofsz ,
2004, by Dale Fisseler, Acting Assistant City Manager for the City of Fort Worth, on behalf of the
City of Fort Worth.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the day of ,
2004, by Ron Crabtree, President of Cacharel Co., Inc, General Partner for Monroe Street
Professional Building Ltd. on behalf of Monroe Street Professional Building, Ltd.
PZ,(2-Z�-zJ �2 )z
NotanyJublic, State o exas
ELIZABETH J.WILL
Notary Pubiic,State of Texas
a;
•.,;, ... '+,My Commission Expires 06-30-06
3
EXHIBIT A
OFFICE SPACE OCCUPIED BY THE CITY OF FORT WORTH,
ECONOMIC AND COMMUNITY DEVELOPMENT (ECD) DEPARTMENT
$own �'1
f
THIAG FUM PLAN
r
twrrterrr s •• µ•ms '48
✓G1 ECD Office Space
E
e
t
Monroe Street,, LTD
r
AGREEMENT
Pursuant to our conversation, this letter represents a Formal
Agreement with the Economic & Community Development Department
to lease the 4t ' floor Conference Room in the Monroe Street Ltd
building for $350.00 per month until the end of the Economic &
Development Departments lease on the 3rd floor.
Agreed: Date:
Economic & Conf6unity Development Dept
Agree d � V Date: �a .?� 6
g
Roo G. Crabtree
Monroe Street Ltd
2400 Fllis AVPni.IP,. • Fort Worth. Texas 76106 . (817)625-9974.. Fax (817) 62S-9978
2400 Ellis Avenue • Fort Worth, Texas 76106 . (817)625-9974 . Fax(817) 625-9978
Cf i`r SECRETARY���-y
CONTRACT N
FORST RENEWAL OF LEASE AGREEMENT
THIS Lease Renewal is made and entered into by Monroe Street Professional
Building,Ltd., ("Lessor% acting by and through its General Partner, Cacheral Co.,Inc.,
and the City of Fort Worth C'Lessee'j
WHEREAS, Lessor and Lessee made and entered into a five year lease for 1983
rentable square feet of office space in the Monroe Building located at 900 Monroe, City
Secretary Contract Number 27682 C Lease'). A copy of the Lease is attached hereto as
Exhibit A and incorporated herein by reference as if it were set forth in full;
WHEREAS,t
WHEREAS, the Lease was amended on July 30, 2003 to include additional
space, City Secretary Contract Number 28949,for a total of 2733 rentable square feet;
WHEREAS, the Lease was amended on December 15, 2004, to include
additional space,City Secretary Contract 31047,for a total of 3157 rentable square feet;
WHEREAS, the Lease was amended on October 27, 2006 to include an
additional 347 square feet.
NOW THEREFORE, in consideration of the terms and conditions contained
herein,the parties agree as follows:
1.
-- nn& 3142W2,-
2. The Leased Premises shall consist of 3504 rentable square feet and
more particularly described in Exhibit B.
3. The Lessee agrees to pay the rental rate of$14.50 per square foot per
year during the term of this Lease Renewal,payable in equal monthly
installments of $4,234.00
4. Lessor and Lessee acknowledge and agree that this is the First Renewal
of the Lease and that Lessee has theA: w4wmi
ri # �tl> fl
0_`5 A 1 '1 0 16 IN
5. All other terms and conditions of the Lease remain unchanged.
IN WITNES WHEREOF,the parties hereto have executed this Amendment as
of this&:day of 2007.
Lessor:Monroe Street Professional Lessee: City of Fort Worth
Building,Ltd.
Z"—o1
By: By:
Ron Crabtree Dale Fisseler
President Assistant City Manager
Cacheral Co.,Inc.
General Partner
Approved To Form And L gality:
By: l
Assistant ity ttorney
ATTEST:
By: N�
Marty Hendrix,CityOSecretary
M&C: u50- -
i
i
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me this the A —day of
2007, by Dale Fisseler, Assistant City Manager for the City of Fort
Worth,on behalf of the City of Fort Worth.
ROSELLAf3MRNES
t >3 tar cCMWSS(ON E XPISES
Uami31' Notary Public,State of Texas
- STATE OF TEXAS §
COUNTY OF TARRANT §
Thisinstrument was acknowledged before me this they day of
2007, by Ron Crabtree, President of Cacharel Co., Inc, General
Partne for Monroe Street Professional Building Ltd. on behalf of Monroe Street
Professional Building,Ltd.
Not ublic, State f Texas
s rc�40�,(0,d'4,,X ELIZABETH J.WILL
Notary Pubfic,State of Texas =
MycommAsba4ke06•30-10
i
Zi, ^984 11. 55 3i ;d ` E ?EALEE a'_ M=CP GE d=
FA
N CIA
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1 �I�
{ ; MONROt. 1T.
Page tot
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/27/2009
DATE: Tuesday, October 27, 2009 REFERENCE NO.: ##G-16742
LOG NAME: 17MONROECR
SUBJECT:
Authorize an Amendment to the Lease Agreement with Monroe Street Professional Building, Limited, for
Office Space of 637.5 Square Feet Located at 900 Monroe Street for the Community Relations Department
in an Amount of$60,051.72 Plus Operating Expenses
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Amendment to the
Lease Agreement with Monroe Street Professional Building, Limited, for office space of 637.5 square feet
located at 900 Monroe Street for the Community Relations Department in an amount not to exceed
$60,051.72.
DISCUSSION:
On April 17, 2007, the City Council authorized the City Manager to enter into a Lease Agreement with
Monroe Street Professional Building, Limited, for office space at 900 Monroe Street for the Economic
Development Department(M&C L-14304, City Secretary Contract No. 35332). The original lease began
on May 1, 2002 and terminated April 30, 2007. The Community Relations Department now occupies the
space and is exercising the first five year renewal term which terminates on April 30, 2012. Staff has
requested additional office space of 637.5 square feet. The space is located adjacent to the existing office.
City staff recommends amending the lease to include additional office space for the Community Relations
Department. The proposed Lease Amendment adds 637.50 square feet at the same rental rate of$14.50.
The total rentable area lease is 4,141.50 square feet. The lease cost is $60,051.72 annually, or $5,004.31
monthly. In addition, Community Relations Department will be responsible for its share of the operating
expenses as described and limited under the terms of the lease agreement.
All other terms and conditions of the original lease agreement and subsequent amendments remain
unchanged.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0072040 $60.051.72
CERTIFICATIONS:
Submitted for City Manager's Office by_ Thomas Higgins (6192)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12575&print—true&DocTvne=prn+
Page 2 of
Originating.Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: LaTrice Tatum Forbes (8368)
ATTACHMENTS
1. accountverification.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncii/printmc.asp?id=12575&print=true&DocType=Print I t/1 10WO