HomeMy WebLinkAboutContract 27006 CITY SECRETARY r
CONTRACT NO. OD
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This Lease Agreement (Lease) is made and entered into this, the/ day of 2001, the
effective date hereof, at Fort Worth, Texas by and between Lakeview Apartments,,. cting by and
through its duly authorized representative, Ted Wendt (Lessor), and the City of Fort Worth, a
municipal corporation, acting by and through its duly authorized representative Libby Watson
(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 300 feet, located at 6501 Shady Oaks Manor'Dr:, commonly
described as , Fort Worth, Tarrant County, Texas.
The office space, together with any and all structures, 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 as office space for the Fort Worth
Police Department, including off-duty police officers for the purpose of conducting police business
during normal operating hours.
SECTION 3. Term and Rent. This Lease.shall be for a period of one year commencing on the
date of execution of this Lease, and terminating in twelve months, unless a prior termination is
effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay
Lessor annual rent of$1.00 per year. The rental payment shall be made to the Lessor on the first day
of the term of the Lease and the first day of any extension of the Lease.
This Lease may be automatically renewed for successive terms of 12 months each for up to a
maximum of five successive terms, subject to the termination provisions 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 reasonable electrical charges that come due. Lessor agrees to pay
all taxes and insurance as they come due. Lessee shall keep the Leased Premises in good, clean and
habitable condition, normal wear and tear excepted. Lessee agrees to be responsible for all costs
attributable to telephone installation and service at the location. Lessee agrees to attach and display
on the exterior garage door of the Leased Premises signage which indicating the presence of the Fort
Worth Police Department.
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Lessor shall maintain in good repair the roof, foundation, exterior walls, electrical and interior
painting or other treatment of interior walls of the Leased Premises. Lessee agrees to give Lessor
written notice of defects or need for repairs in the roof,foundation, exterior walls and electrical of the
Leased Premises.
SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 6501 Shady Oaks
Manor Dr., Fort Worth, Tarrant County, Texas. 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 6. Liability and Hold Harmless. Lessor shall 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.
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
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 8. Termination and Right of Inspection. Lessor and Lessee shall have the right to
terminate this Lease at any time for any reason unrelated to Lessee's or Lessor's default or breach of
any of the terms expressed herein by .giving Lessee or Lessor 30 days' written notice prior to the
intended termination date. The notice shall be deemed effective when deposited by Lessor in United
States mail postage prepaid, certified mail, return receipt requested, addressed to Lessee.
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 seven 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 Management, the Lease will be terminated.
If this Lease is terminated under this section, or as a result of the expiration of the Lease term
or any renewal period, neither party shall have any further obligation or liability to the other under
this Lease, except that Lessor and Lessee shall be liable for the breach of term covenant or condition
contained in this Lease occurring prior to the date of the surrender of the Leased Premises by Lessee
pursuant to the termination. Lessor and Lessee shall be bound by the terms, covenants and conditions
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of
surrender coincides with the date of termination of the Lease.
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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 9. 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 all appropriated funds, whichever
comes first. Termination pursuant to this non-appropriation clause shall be without further penalty or
expense to either party.
SECTION 10. 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 11. Governmental Regulations. 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. § 12101 et seg., 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 12. 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 13. Assignment. 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 14. Police Protection. Lessor agrees and understands that Lessee in no way promises to
emergency response time because of this Lease. No
provide increased police protection or more rapid
special relationship shall exist between Lessor. or Lessee other than that of landlord and tenant.
Lessee shall provide no greater police protection to Lessor than is provided to all other residents and
businesses of the City of Fort Worth.
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SECTION 15. Notices.
All notices to Lessor shall be sent to: As well as to:
Lakeview Apartments AmerUs Capital Management
Attn: Karen McDermed Attn: Doug Person
6501 Shady Oaks Manor Dr. 699 Walnut Street, Suite 1400
Fort Worth, Texas 76135 Des Moines, Iowa 5G309
All notices to Lessee shall be sent to:
Fort Worth Police Department
Administrator,Fiscal and Equipment Management
350 West Belknap Street
Fort Worth, Texas 76102
As well as to:
Gene Rollins,.Land Agent,Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
Mailing of all notices under the Lease shall be deemed sufficient if mailed postage
prepaid and addressed as specified change in 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 16. Entire Agreement. This Lease shall constitute the entire agreement of the Lessor
and Lessee, and shall supersede any prior agreementg, either oral or written, pertaining to the Leased
Premises.
SECTION 17. 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 or any other covenant, term or condition of the Lease. 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 act.
SECTION 18. Venue. This lease and the relationship created hereby shall be governed by the laws
of the State of Texas. Venue for any action brought to interpret or enforce the terms of the Lease or
for any breach shall be in Tarrant County, Texas.
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SIGNED this 'day of_ (11/4.,f L�91 n
LESSOR: QUAIL RIDGE ASSOCIATES, LTD. LESSEE TTY OF FO WORTH
'Sy: CID API-I Holdings LLC �^
By: ACM PROP T S, C., its General Partner By
Name: Name:
i .�� �.
Title: ? . �. Title:
AT T:
City Secraary
Date: —6
APPROVED AS TO
FORM AND LEGALITY:
City Attey, or His Designee
M&C No: /_ - 1,316
Contract No:
City of Fort Worth Lease Page 5
STATE OFFS Tou'lz- §
COUNTY OF TEXAS A144 §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tema&,
on this day personally appeared � M 1a /'.SL�2/ , 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 /)0u /c7S 1`iso'�-� and that he/she executed the same
as the act of said Ula- A-Slclety for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this JC/ day of
2001 .
Notary Publ in and f tate of Texas
MTlILBEN
[COCNA I PE o ED
City of Fort Worth Lease Page 6
STATE OF TEXAS §
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 and that 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 3 day of
, 2001 .
2ofParp a ROSELLA BARNES
r
:*:
NOTARY PUBLIC
''FPfate of Texas
Comm-s
Exp.03-31-2005
Notary Public in and for the State of Texas
Gly
City of Fort Worth Lease Page 7
City of Fort Worth, Texas
"Agar And Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
7/31/01 **L-13107 35SHADY 1 of 1
SUBJECT LEASE SPACE AT 6501 SHADY OAKS MANOR DRIVE FROM LAKEVIEW
APARTMENTS FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease for approximately 300 square feet of office space at
6501 Shady Oaks Manor Drive from Lakeview Apartments for the Police Department, at a cost of
$1.00 per year; and
2. Approve the lease term of one year commencing August 1, 2001, and expiring July 31, 2002, with
five options to renew for one year each.
DISCUSSION:
The Engineering Department, Real Property Management Division, at the request of the Police
Department, has negotiated to lease space to be used for office space for a police store front.
The lease term is for one year, with five one-year options to renew. There is a rental charge of $1.00
per year for the space. All utilities are to be paid by the landlord. The Police Department will be
responsible for telephone installation and 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:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) APPROVED
Libby Watson 6183 CITY COUNCIL
Originating Department Head: JUL 31 2001
Ralph Mendoza 48386 (from)
GR79 539120 0354700 $1.00
Additional Information Contact: GR79 535040 0354700 $528.00 City secretary of cite
City of Fort Worth,Texas
Ralph Mendoza 48386