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HomeMy WebLinkAboutContract 32237 CYSC TARS CONTRACT NO. LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Lease ("Lease") is made and entered into to be effective as of the q`'kday of 2005 by and between the City of Fort Worth, a municipal corporation, acting by and through its duly authorized representative and hereinafter called "Lessor," and United Community Centers, Inc., acting by and through its duly authorized representative, hereinafter called"Lessee"; WITNESSETH WHEREAS Lessor owns the property identified as the Polytechnic Community Center, said property being located at 3101 Avenue J in Fort Worth, Texas, and being more particularly described as the West 25 feet of Lot 6, and all of Lots 7 through 11, Block 69, Polytechnic Heights Addition to the City of Fort Worth, Tarrant County, Texas ("Premises"); WHEREAS, Lessee desires to occupy the Premises as a community center providing community services as more clearly described in Exhibit"A"; WHEREAS, Lessor desires to provide a facility for Lessee to provide services to the community as described in Exhibit"A"; NOW THEREFOR, for and in consideration of the mutual covenants, promises and agreements contained herein, Lessor and Lessee do hereby covenant and agree as follows: 1. LEASE OF PREMISES For and in consideration of the payment of the rentals hereinafter set out and the performance of the covenants and agreements herein set forth, Lessor has contracted with and does hereby lease unto Lessee all of that property described above as the Premises, said Lease being of the whole of such structure located thereon and of the parking area adjacent thereto. JrCIGiI l�Cc,u7D 1 � .�H1i9 K. 2. TERM Lessor does hereby lease to Lessee the Premises for a period of five (5) years beginning Mayl, 2005 and ending April 31, 2010. 3. RENT In consideration of Lessee providing services to the area community as described in Exhibit "A", Lessee shall pay to Lessor as rental for said Premises the sum of One Dollar($1.00)per year. The rental payment shall be made to Lessor by Lessee on the first day of the term of the lease, or any extension, and the first day of each term of the Lease, or any extensions, and the first day of each term year thereafter. 4. ACCEPTANCE OF CURRENT CONDITIONS Lessee accepts the Premises in their present condition, finds them suitable, free from defects and in good condition for the purposes intended; Lessee further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations made by Lessor as to the condition of the Premises or their suitability for the purposes intended. 5. USAGE Lessee covenants and agrees to use the herein Premises solely as a multipurpose community center providing services as described in Exhibit "A". Lessee shall use the Premises for no other purpose without the written consent of Lessor. Lessee may not use all or any part of the Premises or any building situated on them for any use or purpose that violates any valid and applicable law,regulation, or ordinance of the United States, the State of Texas,the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction over the Premises. Under no circumstances during the Term and extensions of this Lease will Lessee use or cause to be used in the business operated on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises. 6. LESSEE'S RIGHTS AND OBLIGATION A. Maintenance Lessee covenants and agrees that it will, at its expense, keep and maintain the Premises in good condition; that Lessee will do all work and make all repairs necessary or advisable to keep the Premised from deteriorating in value or condition and to restore and maintain the Premises in as good condition as Lessee found them at the time it took possession under this Lease. Lessor shall have the right and the privilege, through its agents and officials, to make inspections of the Premises and thereafter to make recommendations to Lessee of any repairs that, in Lessor's opinion, are necessary to be performed by Lessee upon the Premises in accordance with the foregoing. In this connection, Lessee agrees and covenants that it shall, within thirty (30) days from the date that such recommendations are made, make complete arrangements for the making of such repairs. In the event that Lessee shall fail to undertake such recommended repairs within the time provided, it is understood and agreed that Lessor may, within its discretion, undertake to make such repairs as it may deem necessary for and on behalf of Lessee, and, in such event, the cost of such repairs shall be an obligation on Lessee to pay same within thirty(30) days following the completion of such repairs. Should Lessee fail to reimburse Lessor for the cost of such repairs within thirty (30) days, Lessee shall be subject to the provisions set forth in Section 6.A 7.A (Default and Remedies). Lessee shall be responsible for all routine maintenance to the Premises on an ongoing basis. For repairs to the roof, structural systems and foundation, exterior walls and windows, the heating, ventilation, and air conditioning systems and other major systems, Lessee may petition Lessor to fund the repair or replace these items. If Lessor denies Lessee's petition and Lessor will not fund the improvements, Lessee has the option of either completing the improvements with its own funds or Lessee may terminate the Lease by giving Lessor thirty days notice. Any major repairs to be completed by Lessee are subject to the following: i) The Premises must at all times be kept free of mechanic's and materialman's liens; ii) Lessee must provide performance payment, and maintenance bonds covering any such work, in form acceptable to Lessor's Attorney; iii) Lessor must be notified in writing of the time for beginning and the nature of any such work, other than routine maintenance of existing buildings or improvements,prior to the work being performed; 3 iv) Before any work to the Premises is performed, Lessee must receive written consent of Lessor as to the plans and specifications of such work, as well as the amount of time required to complete the improvements. B. Alteration of Premises Lessee covenants and agrees that it will not make or suffer any waste of the Premises, nor shall Lessee make any alterations to said Premises, except such alterations as may be first approved in writing by the City Manager or his duly authorized representative. Any such alterations, if permitted by Lessor, shall be made at Lessee's sole expense and shall be done in a good and workmanlike fashion approved by and acceptable to the Transportation and Public Works Department of the City of Fort Worth. In no event shall any person participating in any such alterations on the Premises be considered an officer, agent, servant, employee, contractor or subcontractor of the City of Fort Worth. Any such alteration, which is of a permanent nature and cannot be removed without structural damage shall become and be the property of the City of Fort Worth and shall be surrendered as a part of the Premises upon the expiration or termination of this agreement. Lessee will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Premises or against Lessee's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessee or anyone holding the Premises or any part of them through or under Lessee. If such a mechanic's lien or materialman's lien is recorded against the Premises or any buildings or improvements on them, Lessee must either cause it to be removed or, if Lessee in good faith wishes to contest the lien, take timely action to do so, at Lessee's sole expense. If Lessee contests the lien, Lessee will indemnify Lessor and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. C. Independent Contractor Lessee shall exercise its rights and privileges hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City of Fort Worth. Lessee shall have exclusive control of and the exclusive right to control the details of its operation on the Premises, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors and patrons. The doctrine of respondent superior shall not apply as between Lessor and Lessee, its officers, agents, servants, employees, contractors, subcontractors, or patrons and nothing herein shall be construed as creating a partnership or joint enterprise between Lessee and the City of Fort Worth. In no event shall any person participating in Lessee's operations on the Premises be considered an officer, agent, servant, or employee of the City of Fort Worth. 4 T ill A Assignment & Sublease Lessee may not sell, sublease or assign its leasehold estate, or any portion of it, without the prior written approval of the City. E. Indemnification LESSEE COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, LESSOR, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND /OR PERSONAL INJURY, INCLUDING DEATH TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF SAID PREMISES DURING THE TERM OF THIS AGREEMENT,WHETHER OF NOT CAUSED, IN WHOLE OR IN PART , BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTS, LICENSEES OR INVITEES OF LESSOR; AND LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF LESSOR, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS TO WHATSOEVER KIND OR CHARACTER WHETHER REAL OR INDIRECTLY, THE LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF SAID PREMISES DURING THE TERM OF THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OF OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES OF LESSOR. LESSEE SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS LESSOR FOR ANY AND ALL INJURY OR DAMAGE TO SAID PREMISES DURING THE TERM OF THIS AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, PATRONS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, CONTRACTORS, LICENSEES, OR INVITEES OF LESSOR. F. Surrender of Premises Lessee further agrees and covenants that it will, at the end of the term of this lease, peaceably deliver upon into Lessor the Premises and all appurtenances or 5 improvements thereon in a good state of repair, as aforesaid, and a vacant, unencumbered and in good and tenantable condition. If Lessee holds over and continues in possession of the Premises after the term expires, Lessee will be considered to be occupying the Premises at will subject to all terms of this Lease. Any such holdover tenancy shall be on a month-to-month basis. G. Electrical and Utilities Lessee will pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and all other utilities used on the Premises throughout the Term of this Lease and any extension, including any connection fees. H. Claims of Immunity If Lessee, as a charitable association, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, Lessee hereby expressly waives its rights to plead defensively such immunity or exemption against Lessor. I. Insurance Lessee covenants and agrees to provide a certificate of public liability insurance to Lessor documenting .the following insurance coverage for the term of the lease agreement including renewal periods thereof, for face amounts as follows: r Lessee shall provide to Lessor certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect during the term of the Lease: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate 6 Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease-policy limit $100,000 disease - each employee Additional Insurance Requirements Certificates of insurance evidencing all required insurance shall be delivered to the Lessor prior to occupancy. • Applicable policies shall be endorsed to name the Lessor an Additional Insured thereon, as its interests may appear. The term Lessor shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. • Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. • Any failure on part of the Lessor to request required insurance documentation shall not constitute a waiver of the insurance requirements. • A minimum of thirty (30) days notice of cancellation or material change in coverage effecting the required lines and limits of insurance shall be provided to the Lessor. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth,Texas 76102. • Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key J Uo "r:i:�'0���� �I�� Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. • Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the Lessor in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to Lessor. • Applicable policies shall each be endorsed with a waiver of subrogation in favor of the Lessor as respects the Lease. • Lessor shall be entitled, upon its request and without incurring expense, to review the Lessee's insurance policies including endorsements thereto and, at Lessor's discretion, the Lessee may be required to provide proof of insurance premium payments. Lessee further agrees that if the loss is due to any of the perils for which he has agreed to provide insurance,he shall look solely to his insurance for recovery. 7. LESSOR'S RIGHTS AND OBLIGATIONS A. Default and Remedies If Lessee defaults in performing any covenant or term of this Lease and does not correct the default within thirty (30) days after receipt of written notice from Lessor to Lessee or an additional reasonable period if Lessee is proceeding with diligence to cure the default, Lessor may declare this Lease, and all rights and interest created by it, terminated. If Lessor elects to terminate, this Lease will cease as if the day of Lessor's election were the day originally fixed in the Lease for its expiration. Any termination of this Lease as provided in this article will not relieve Lessee from paying any sum or sums due and payable to Lessor under the Lease at the time of termination, or any claim for damages then or previously accruing against Lessee under this Lease. Any such termination will not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the Lease. All Lessor's rights, options, and remedies under this Lease will be construed to be cumulative, and not one of them is exclusive of the other. Lessor may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Lease. � �1 `U 1RE 1,� V B. Inspection by Lessor At all times during the term of this Lease, Lessor or its agents shall have the right to enter upon said premises during reasonable hours for the purpose of examining and inspection the same and determining whether Lessee shall have complied with all of his obligations hereunder in respect to all the terms and conditions of this Lease. Lessor shall take reasonable care not to disrupt Lessee's quiet enjoyment and business uses of the Premises. 8. JURISDICTION Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 9. ENTIRE AGREEMENT This written instrument constitutes the entire agreement by the parties hereto concerning the demised premises and any prior or contemporaneous, oral or written agreement,which purports to vary from the terms hereof, shall be void. IN WITNESSEREOF, the parties hereto have executed this agreement on this q'4-day of , A.D. 200T_ CITY OF FORT WORTH UNITED COMMUNITY CENTERS, INC. By: Assistant(ityMa\nger Title: APPROVE S TO FORM AND LEGA Y: As istant City4<ttomey ATTEST: contract thor zation _ �1 Date az City Secretary STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Not ublic in and for the State of Texas, on this day personally appeared - , known to me to be the person whose name is subscribed to the fore ing instrument, and acknowledged to me that he executed the same as for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � ' day of 2005. JoAnn M. Fehrman Notary Public oteof lic in and for t * * STATE.OF TEXAS xas srq�O�F a my Comm.Exp,07/a0/200$ 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 �, � 1- , ; , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of 2005. Notary Public in and for the State of Texas EC5 HET-T3 E L NEMy colviMISSION EXPIRES.� EXPIRES- July 26,°2007 u ��h'JnCl „,�1 rp;p'�'N �l(10 vJi:l i,6 ��KG n 7Ut+svd Ullo ULL�+, EXHIBIT A SERVICES OF LESSEE During the term of this Lease Lessee's overall function shall be as that of a multipurpose community center providing services to include but not limited to after school child care during school seasons, all day child care during summer seasons,teen support services, emergency assistance services to those in need of food and clothing, and as a provider of miscellaneous community educational services. 11 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/19/2005 DATE: Tuesday, July 19, 2005 LOG NAME: 30UCCLA REFERENCE NO.: **C-20845 SUBJECT: Authorize the Execution of a Lease Agreement and a Grant Agreement with the United Community Centers, Incorporated for a City-Owned Building Located in Southeast Tarrant County RECOMMENDATION: It is recommended that the City Council: 1. Authorize the approval to renew a lease agreement for a city-owned building located in southeast Tarrant County; 2. Approve a lease term of five years commencing April 1, 2005 and ending on April 1, 2010; 3. Approve a rental amount of$1.00 per year; 4. Authorize the use of Community Development Block Grant (CDBG) funds Year XXX unprogrammed funds in the amount of 25,000; and 5. Authorize the City Manager to execute an agreement with United Community Centers, in an amount not to exceed $25,000 effective April 1, 2005, for architectural services for renovations at the Poly United Community Center. DISCUSSION: The United Community Centers (UCC) has leased this City-owned building located at 3101 Avenue J from the City since 1998 (approved by M&C C-13781) for the purpose of a multi-purpose center. UCC has requested the renewal of their lease for one five-year period. The Engineering Department, Real Property Services Division, has reviewed the lease renewal request and recommends Council approval. The United Community Centers plans to continue to use this building as a Multi-purpose Center to provide a variety of child, youth and adult community services such as health and educational programs. The City will provide the Center with Community Development Block Grant (CDBG) funds in the amount of $25,000.00. The funds are to be used for architectural services for renovations at the Poly United Community Center in support of building code improvements and American Disability Act requirements. The City may cancel the lease at any time with a thirty day written notice. This property is located in COUNCIL DISTRICT 8, Mapsco 78P. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/1/2005