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HomeMy WebLinkAboutContract 26432 LEASE AGREEMENT CITY SECRETARY !/ STATE OF TEXAS § CONTRACT NO. COUNTY OF TARRANT § This lease agreement (this "Lease") is made and entered into this, the Z3 day of Q C TO /3 F(L 2000, the effective date hereof, at Fort Worth, Texas by and between Oakwind, Ltd., a Texas limited partnership ("Lessor"), and the City of Fort Worth, a municipal corporation, acting by and through its duly authorized representative ("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: Office Space of approximately 1,000 square feet, located at 6857A Green Oaks Road, Fort Worth, Texas 76116 (the "Shopping Center"). The Office Space, together with any and all strictures, improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred to as the "Leased Premises". SECTION 2. Use of premises. The Leased Premises shall be used only as office space for the Fort Worth Police Department, including off-duty police officers. SECTION 3. Term and Rent. This Lease shall be for a term of one (1) year commencing on the earliest to occur of (i) the date Lessee commences business operations from any part of the Leased Premises, or (ii) fourteen (14) days following that date upon which Lessor delivers the Leased Premises to Lessee with Lessor's work (as hereinafter defined) substantially completed in accordance with the terms and provisions of Exhibit "B" attached hereto (tile "Commencement Date"); and terminating on the last day of the twelfth (12`x') full calendar month following the Commencement Date. Lessee shall pay Lessor annual rent of $6,000.00, payable in equal monthly installments of $500.00. The rental payment shall be made to Lessor on the first day of the term of this Lease and on the first day of each successive calendar month during the term of the Lease. Rent for any partial calendar months shall be prorated on a per diem basis. This Lease may be renewed for successive terms of 12 months each for up to a maximum of two successive terms, subject to provisions of Section 19 of this Lease. The terms of this Lease shall continue to govern and control the relationship of the parties during any renewal periods. SECTION 4. Taxes, Insurance, Utilities, Care of the of the Leased Premises. Lessor agrees to be responsible for the payment of all water charges that come due. Lessee shall be responsible for electrical, telephone, natural gas and/or other utility charges that come due and payable during the term of this Lease. Lessor agrees to pay all ad valorem taxes, insurance and common area charges as they come due. Lessee shall keep the Leased Premises in good, clean and habitable condition, normal 01Y of l-aY 11'orlh Lease Page 1 wear and tear excepted. In addition, Lessee shall take good care of the Leased Premises and keep the same free from waste at all times, and Lessee shall neither deface nor injure the Leased Premises. Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air conditioning, electrical and plumbing of the Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation or exterior walls of the Leased Premises. Written notice shall be by Certified Mail to owner's leasing agent of record. If any repairs required to be made by Lessor are not commenced or made within thirty (30) calendar days (except in case of emergency(ies), in which case Lessee may make such repairs and provide notice to Lessor promptly thereafter) after written notice is delivered to Lessor by Lessee, then, so long as Lessor has not commenced to cure such defect or repair (or, if Lessor has commenced, Lessor is not diligently pursuing such cure to completion), Lessee may at its option make such repairs, but Lessee shall not be permitted to offset any expenses incurred by Lessee in making such repairs. If Lessor has not commenced any properly noticed need for repairs or defects, Lessee may immediately terminate the Lease without penalty. Except for Lessor's maintenance responsibilities as specifically set forth in this Lease, Lessee shall at its cost keep and maintain in good order and condition and repair the Leased Premises including but not limited to plate glass, doors, and the clearing of blocked plumbing lines SECTION 5. Insurance. Lessor agrees to insure the structure and common areas of the Shopping Center. 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 Lease upon Lessee's request. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred with such insurance shall be borne solely by the Lessor. The City of Fort Worth is basically a self-funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the City of Fort Worth would ultimately be found liable would be paid directly by the City and not by a commercial insurance company. SECTION G. Liability and Hold Harmless. To the extent permitted by law Lessor and Lessee covenant and agree to release, indemnify, hold harmless and defend each other and their respective 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 and/or Shopping Center, regardless of whether the act or omission complained of results from the alleged negligence or any other act or omission of Lessor or Lessee or the concurrent negligence of Lessor or Lessee; however, that one party shall not be required to indemnify the other party for the sole negligence of such other party, or its respective officers, agents, servants and employees. SECTION 7. 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 Citv of Fort lVorth Lease Page 2 that the rent for the first option period shall be $575.00 per month and for the second option period shall be $650.00 per month. SECTION 22. Lessee's Si2na2e. Lessor and Lessee hereby acknowledge and agree that Lessee shall be responsible, at its sole cost and expense, for the installation and maintenance (i.e., in good condition and in proper operating order at all times) of Lessee's signage above the storefront or on the windows or door of the Leased Premises, which signage shall be approved by Lessor as to construction, method of attachment, size, shape, height, lighting, color, location and general appearance, provided, however, that Landlord shall not unreasonably withhold its consent to any such signage. SECTION 23. Miscellaneous. (a) The captions used herein are for convenience only and do not limit or amplify the provisions hereof. Whenever herein the singular number is used, the same shall include the plural, and words or any gender shall include each other gender. (b) The terms, provisions and covenants contained in this Lease shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest and legal representatives except as otherwise herein expressly provided. (c) This Lease contains the entire agreement between the parties, and no rights are created in favor of either party other than as specified or expressly contemplated in this Lease. In addition, no agreement shall be effective to change, modify or terminate this Lease in whole or in part unless such is in writing and duly signed by the party against whom enforcement of such change, modification or termination is sought. (d) If title to all of any part of the Leased Premises or any part of the shopping center is taken by a public or quasi-public authority under any statue or right of eminent domain of any governmental body, Lessee shall not be entitled to participate or receive any part of the damages or awards except for any moving expenses that may by specifically and separately awarded to Lessee. (e) Lessee shall not cause or permit any hazardous materials to be brought, kept or used in or about the Leased Premises. (f) This Lease is and shall always be subordinate to any mortgage or deed of trust secured by the shopping center or Leased Premises now existing or secured by the Leased Premises in the future. (g) If rent is not received by Lessor by the 10`x' day of each month, Lessee shall promptly pay to Landlord in addition to all other amounts owned by Lessee a sum equal to ten (10%) of the unpaid rentals. City(?f Fort !forth Lease Pagc 7 (h) Tenant shall promptly pay any taxes assessed on Lessee's leasehold interest or personal property. (i) Within 30 days of the execution of this Lease Lessee shall pay to Lessor $500 for the first months rent plus $5,500.00 for the work and supervision thereof to be completed by Lessor as shown on Exhibit "B". All other improvements are to be made by Lessee at Lessee's cost. SIGNED this - —day of 0 C--U A T A- , 2000. LESSOR: LESSEE: OAKWIND, LTD., a Texas THE CIT F FORT WORTH limited partnership By: 7,R B ( IT Ron franco 0.6 1J AI-A-C" PSG,, C F p- P*7?TA-� Name: Libby Watson Title: Assistant City Manager City Secreta Date: d-6-a APPROVED AS TO FORM AND LEGALITY: City AttortWy, or His Designee M&C No: 4- `c2 W-DU Contract No: ON of Fort Worth Lease Page 8 S7� Cl G,� c.lFG�i"�1� \-.OS" G j COUNTY OF XX&X,4&- BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Ron Franco, 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 Ron Franco, in his capacity as President of Oakwind, Ltd., a Texas limited partnership, and that he executed the same as the act of said limited partnership for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2000. laumnTEPHEN H. LAWHORN mission COMMISSION 1188460 0NOTARY PUBLIC CALIFORNIA Notary Public i and for the State of Te�c�s-- LOS ANGELES COUNTY C-X Expires Juy 16,2002 STATE OF TEXAS § ti COUNTY OF TEXAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, 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 Libby Watson, Assistant City Manager for the City of Fort Worth and that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of , 2000. VN; ROSELLA BARNES NOTARY PUBLIC �1j*"' State of Texas Nota Public in and for the State of Texas ' Comm. Exp. 03-31-2001 Notary City(?f Fort [tort 7 Lease 9 "EXHIBIT A" POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD Legal Description Lot: 2R Block: 5 Addition: Ridgmar Mall Addition As Recorded in: Volume 13260, Page 436, filed June 8, 1998 "EXHIBIT B" POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD LEASE SITE CHANGES REQUIRED Lessor or his representatives will perform the following work prior to the delivery of the Lease Premises to the Lessee. Lessee will pay a non-recurring payment in the amount of $5,500.00 to Lessor or his representatives 30 days after the date that Lessor delivers the Leased Premises to Lessee. • Wall next to sink needs to move at least 1 foot. • Door next to toilet needs to be removed, solid wall. • Lower sink by 2 inches (34"A.F.F.) —Lever Handles • Insulate hot water line and drain. • Wall behind toilet and sink need to move at lease 1 foot back. • Toilet and sink need to move back to new wall. • A 42 inch rail needs to be installed on wall beside toilet. (36 inches from floor and 1 foot from back wall). • A 36 inch rail needs to be installed behind toilet. (36 inches from floor and 6 inches from wall). • FRS board (Fiber Glass Plastic) needs to be installed on all walls in bathroom. Must be 4 feet from floor, better to install floor to ceiling. • Opening from main room to small room. (4 feet by 8 feet). • Install thick toilet seat to make 18" high. • Toilet paper dispenser at 19"to centerline A.F.F. • Paper towel dispenser located at 42"A.F.F. • Remove floor drain/modify plumbing • Mirror bottom + 38"A.F.F. /top 74"A.F.F. • Install Accessible Restroom sign w/ braille V7 � Owner or epresentative gityof Fort Worth 6SZ 1y h T h x 0 � � C m � � ! q � io N e T r R r �tsp r s r � So. oL / o o co W � � } •d ti �•x::)>> Z64E-LGE-LIB vwI •1aaW •do.ad au: t�uo.i� e 9I �OI 00 6I zvp City of Fort Worth, Texas 4volsor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/21/00 **L-12950 350AKWIND 1 of 1 SUBJECT AUTHORIZE A LEASE AGREEMENT WITH OAKWIND, LTD. FOR OFFICE SPACE AT 6857-A GREEN OAKS ROAD FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a lease agreement with Oakwind, Ltd. for office space located at 6857-A Green Oaks Road at a cost of$6,000 per year for one year; and 2. Approve the lease term of one year commencing the date the City opens for business in the lease space, and expiring the last day of the twelfth full calendar month following the commencement date, with two options to renew for one year each at monthly rental amounts of $575 and $650, respectively. DISCUSSION: The Engineering Department, Real Property Management Division, at the request of the Police Department, negotiated a lease agreement with Oakwood, Ltd. for approximately 1,000 square feet of office space to be used as a police store front by neighborhood patrol officers and Citizens on Patrol members. Under the terms of the lease, the City will be responsible for paying the costs of renovating the facility. The Lessor will perform the renovations prior to the delivery of the premises to the City. The City will pay a non-recurring payment in the amount of$5,500 to the Lessor upon completion of the renovations. The lease term will be for one year, with two one-year options to renew. Rent will be $500 per month for the first year. The Lessor will pay for water charges. The City will be responsible for paying all other utility costs and telephone service. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Crime Control and Prevention District Fund. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVED CITY COUNCIL Originating Department Head: Ralph Mendoza 48386 (from) NOV 21 2000 GR79 539120 0354700 $6,000.00 y�,) Additional Information Contact: GR79 536010 0354700 $5,500.000 ,us.� City Secretary of the Ralph Mendoza 48386 City of Fort Worth,Texas