Loading...
HomeMy WebLinkAboutContract 34048 CiTY Y SECRETARY ..ONTRACT NO. Federal Project Number: STP2004(772)MM State No. CSJ 0504-02-018 City No. DOE 3777 SH121 County: Tarrant HWY: SH 121 (Southwest Parkway) Parcel 83 LEASE AGREEMENT This lease is entered into by and between the City of Fort Worth, Texas, a home- rule municipal corporation existing under the laws of the State of Texas, and its assigns, Lessor, and Krzysztof Gorecki, Lessee, and is effective the 1st day of September, 2006. 1. Leased Premises In consideration of the rents to be paid hereunder and the agreements of the parties expressed herein, the Lessor leases to the Lessee the premises (Leased Premises), situated in Fort Worth, Texas and described in Exhibits "A" and "B," attached hereto and made part hereof. The street address of the Leased Premises is 4337 West Vickery Blvd., Fort Worth, Texas 76107. As a material part of the consideration for this lease, Lessor and Lessee agree that Lessee is taking the Leased Premises "AS IS" with all latent and patent defects and that Lessor makes no warranty that the Leased Premises has a particular financial value or is fit for a particular purpose. Lessee acknowledges and stipulates that it is not relying on any representation, statement, or other assertion regarding the Leased Premises' condition but is relying on Lessee's examination of the Leased Premises. Lessee takes the Leased Premises with the express understanding and stipulation that there are no express or implied warranties. J 2. Lease Term Subject to Lessee's right to terminate, as described below, this lease shall be for 16 months, beginning the 1st day of September, 2006 and ending 16 months thereafter or December 31, 2007. If the Lessee requests with 30-days written notice to Lessor any extension of this lease beyond 16 months, the Lessor, at its sole discretion, may agree to extend the lease on a month-to-month basis at a rate to be determined at the time the Lessee requests the extension. Lessee shall have the right to terminate this lease, at its option, at any time before the end of the term by giving thirty (30) days written notice to Lessor, and this lease shall expire and terminate at the end of those thirty (30) days, after which Lessee shall have no further obligation to Lessor. At the termination of the lease, Lessee will promptly turn over the keys to the Leased Premises, will vacate the Leased Premises, and will peacefully surrender the Leased Premises. Lessee may remove any and all fixtures, whether or not attached to any buildings, structures, or improvements, and regardless of whether or not their removal would result in damage to the building, structure or improvement, and the fixtures shall become the property of Lessee. Lessee shall not be responsible for any repairs or damage resulting from the removal of the fixtures or from the misuse or neglect of the Leased Premises. 3. Rental Payments Lessee agrees to pay monthly rental payments the first day of each month beginning on the first day of the first month following the date hereof in accord with Attachment A. Payments must be received by the Lessor during normal business hours on or before the due date at: City of Fort Worth c/o Spitzer & Associates 101 Summit Ave., Suite 804 Fort Worth, Texas 76102 it z'.yi}l Gf U Lessee covenants to pay the rent in the manner above stated. Rent shall be considered past due if Lessor has not received full payment by the 10" day of each month for which payment is due. Lessor will assess a late penalty charge of 10% a month for any late rental payment. Lessee also agrees that if it fails to pay any rental payment, or otherwise fails to comply with the terms and conditions of this lease, then Lessor may declare this lease at an end and may re-enter and take possession of the Leased Premises. 4. Use of Leased Premises—Current Uses Lessee covenants to use the Leased Premises only for the uses being used on the beginning date of this lease. Lessee agrees to comply with all applicable laws, ordinances, and regulations applying to the Leased Premises. Before Lessee may make any substantial change in the authorized use of the Leased Premises, Lessee shall receive written approval for the change from Lessor, and if required, written approval and concurrence from the Federal Highway Administration or the Texas Department of Transportation, or both. Lessee shall not store combustible materials, toxic or hazardous wastes at or below the surface of the Leased Premises that are inconsistent with Lessee's use of the Leased Premises on the beginning date of this lease. If Lessee seeks to store combustible materials, toxic or hazardous wastes at or below the surface of the Leased Premises that are inconsistent with Lessee's use of the Leased Premises on the beginning date of this lease and if Lessee receives a permit for such uses, then Lessor, at its sole discretion, may require Lessee either to escrow cash or to post an appropriate security bond in an amount to be determined by Lessor to assure the removal of and clean of any combustible materials, toxic or hazardous wastes that may have been permitted on the Leased Premises during the term of this lease. 5. Inspections Lessee agrees that Lessor's authorized agents and employees, as well as agents and employees of the Texas Department of Transportation and the Federal Highway Administration, may enter the Leased Premises as Lessor deems necessary to inspect, survey, or maintain the Southwest Parkway, or any related Parkway facility so long as their entry does not disturb Lessee's business operations. 6. Notices All notices required by this lease shall be sent to Lessor at the following addresses by certified mail, return receipt requested: City of Fort Worth c/o Spitzer and Associates 101 Summit Ave.. Suite 804 Fort Worth, Texas 76102 With copy to Bryan Beck, PE City of Fort Worth Department of Engineering 1000 Throckmorton Fort Worth, Texas 76102 All notices required by this lease shall be sent to Lessee at the following address by certified mail, return receipt requested: Krzysztof Gorecki 4337 West Vickery Blvd. Fort Worth, Texas 76107 With copy to: Kenneth A. Wright, Esq. 2711 LBJ Freeway, Suite 360 Dallas, Texas 75234 ��o �tv`Jt�YfiU� tl6G�e 7. Utilities If the Lessee requires utilities, Lessee shall obtain them in its name, at its expense and in accord with all laws and regulations. All utilities shall be the responsibility of Lessee and Lessee agrees to pay promptly for all utilities and service connection charges when billed. In addition, all yard and landscaping maintenance shall be Lessee's responsibility. 8. Repairs Lessee agrees that it shall maintain the Leased Premises and keep it in good repair and clean condition at Lessee's cost and expense, and agrees to keep and observe all applicable rules, ordinances, and regulations. Lessee agrees that under all circumstances, the Lessor shall not be responsible for any damages, repairs, or replacements to the Leased Premises. 9. Indemnification LESSEE SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS, DEMANDS, LAWSUITS OR OTHER ACTIONS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF LESSEE, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSOR, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT 5 LIMITED TO, PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING LOST PROFIT(S) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF LESSEE, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 10. Insurance As long as Lessee remains in possession of the Leased Premises, Lessee at its own expense shall obtain and maintain comprehensive general liability insurance in an amount not less than $500,000 with $2,000,000 umbrella-policy coverage. Lessee shall cause Lessor to be named as an additional insured. Lessee shall furnish evidence of such insurance to Lessor as Lessor may from time to time require. Lessee shall have the sole responsibility and obligation to insure its own possessions and property against all losses, and if Lessee suffers loss or damage, Lessor shall be under no duty to reimburse Lessee for the losses suffered. The effective date of insurance coverage shall be commensurate with the term of this lease. The insurer of Lessee's liability insurance shall be acceptable to Lessor insofar as the company's financial strength and solvency. The policy providing liability insurance shall be endorsed to provide Lessor with a minimum 30-days notice of cancellation, non- renewal, or material change in coverage. Any failure by Lessor to request certification of insurance required in this lease shall not be construed as a waiver of the requirement. 6 of (VIAL ROD 'UR n � :J'UR TES"o 11. Assignment and Subleasing Prohibited Lessor and Lessee agree that Lessee may not assign or sublease any part Leased Premises without Lessor's prior written consent and, if applicable, the concurrence of the Texas Department of Transportation or Federal Highway Administration, or both. 12. Destruction of Leased Premises If the Leased Premises are rendered totally untenable by fire, the elements, or other casualty, this lease shall cease and the rent shall be paid up to the date of the injury or damage. If the Leased Premises are rendered partially untenable by fire, the elements, or other casualty, then, at Lessee's option, this lease shall either terminate or the rent shall be reduced in accordance with the percentage of the Leased Premises so rendered untenable. 13. Entire Agreement This lease shall constitute the entire agreement of the Lessor and Lessee of this lease and shall supersede any prior agreements of the parties, oral or written, pertaining to the subject matter specified herein. 14. Governing Law and Venue This lease and the relationships 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 this lease or for any breach of this lease shall be in Tarrant County, Texas. 15. Severability If any provision of this lease is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. INTY a.U 16. Force Majeure The Lessor and Lessee shall exercise their best efforts to meet their respective duties and obligations under this lease, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 17. Headings not Controlling Headings and titles used in this lease are for reference purposes only and shall not be deemed a part of this lease. Signed the day of N� , 2006. LESSOR The City of Fort Worth, Texas By: Marc A. Ott Assistant City Manager Approved for form and legality kttested By: —LA Marty Hend 77� City Secretary Theodore P. Gorski, Jr. Assistant City Attorney cttho zatioi 8 I,2"_1 iiJ D !y� NU N�qn " �- t LESSEE r r Kr sztof Go cki 9 ATTACHMENT A The lease rate per month will be as follows: 1. September 1, 2006 through January 31, 2007: $100.00 a month 2. February 1, 2007 through remainder of lease term: $6,250.00 a month It is the intention of Lessor and Lessee that Lessee maintain the location of its principal business operations within the City of Fort Worth, and Lessor is willing to reduce the rent under this lease in order to encourage Lessee to do so. For purposes of this lease, the term "Relocation" shall mean the occurrence of any one of the following at a location other than 4337 W. Vickery Boulevard, Fort Worth, Texas 76107: 1. Lessee's actual occupancy of a facility for operation of its principal.business; 2. Lessee's execution of a lease for a facility for its principal business; 3. Lessee's obtaining a building permit for a facility for the operation of its principal business; or 4. Lessee's obtaining a Warranty Deed or certificate of occupancy for a facility for the operation of its principal business. Upon Lessee's "Relocation" within the City of Fort Worth corporate city limits, it shall notify Lessor immediately, and thereafter the Rental for all subsequent months shall be One Hundred Dollars ($00.00) per month. If Lessee's "Relocation" is outside of the City of Fort Worth corporate city limits, the lease rates for all subsequent months will be Six Thousand Two Hundred Fifty Dollars ($6,250.00)per month from the date of Lessee's "Relocation." If, after January 31, 2007, Lessee's "Relocation" is within the City of Fort Worth corporate city limits, the rental shall be reduced to One Hundred Dollars ($100.00) per month and Lessor shall reimburse Lessee for any amount in excess of One Hundred Dollars ($100.00) per month that Lessee has theretofore paid under this lease. 10 AFFIDAVIT State of Texas § County of § Before me, the undersigned official, on this day appeared Krzysztof Gorecki who is personally known to me and first being duly sworn according to law upon his oath deposed and said: 1. That I am the Lessee in the foregoing lease and I am authorized to sign the lease for the purposes expressed therein. 2. That the Lessee in the procuring of this lease has neither directly nor indirectly paid, given, or donated, or agreed to pay, give, or donate to any officer or employee of the State of Texas or the City of Fort Worth, Texas any money or thing of value. G � ` Kr szto Gore i Subscribed and sworn to before me on the_ day of , 2006 to certify which witness my hand and official seal. ROBERT D.COX : NOTARY PUBLIC STATE OF TEX ''FOP My Comm. Exp. 12-2 Public in and f the State of Texas SH 121 Parcel No. 83 ROW CSJ: 0504-02-018 Date: May 31,2005 Exhibit A,Page 1 of 3 Pages Being the remainder of Lots 9, 10 and 11, Block 2 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 204A, Page 101 of the Plat Records of Tarrant County, Texas, said remainder of Lots 9, 10 and 11 being deeded by Jimmy K. Walker, Sr. to Krzysztof Gorecki by Deed dated March 3, 1997 and recorded in Volume 12686, Page 298 of the Deed Records of Tarrant County,Texas,said remainder of Lots 9, 10 and 11 being more particularly described by metes and bounds as follows: BEOINNiING at a R.O.W. Marker set for the west corner of Lot 13R, Block 2 of Factory Place Addition, an addition to the City of Fort Worth as recorded in Volume 388-80, Page 32 of said Plat Records of Tarrant County, Texas, said R.O.W. Marker being in the southeast right-of-way line of West Vickery Boulevard (a variable width right-of-way), said R.O.W. Marker also being in'the proposed northwest right-of-way line of State Highway 121, said R.O.W. Marker having grid coordinates of N=6,948,297.98 and E=2,312,575.68 and being 250.12 feet right of and at right angles to centerline station 456+07.95 of the proposed centerline of said State Highway 121; (1) THENCE South 38 degrees 30 minutes 17 seconds East, with the southwest line of said Lot 13R, a distance of 174.41 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the south comer of said Lot 13R, said 5/8 inch iron rod with cap stamped "GORRONDONA"being in the southeast line of said Lot 11, said 5/8 inch iron rod with cap stamped "GORRONDONA" also being in the northwest right-of-way line of Rutledge Street(a variable width right-of-way); (2) THENCE South 55 degrees 14 minutes 00 seconds West, with the southeast line of said Lots 11, 10 and 9 and with the northwest right-of-way line of said Rutledge Street, a distance of 125.27 feet to a 5/8 inch iron rod with cap stamped"GORRONDONA"set for the south comer of said Lot 9, said 5/8 inch iron rod with cap stamped "GORRONDONA"being the east comer of Lot 8,Block 2 of said Factory Place Addition as recorded in Volume 204-A,Page 101 of said Plat Records of Tarrant County,Texas; (3) THENCE North 38 degrees 30 minutes 17 seconds West,with the southwest line of said Lot 9 and with the northeast line of said Lot 8, a distance of 166.23 feet to a R.O.W. Marker set for the intersection of the southwest line of said Lot 9 and the northeast line of said Lot 8 with the proposed northwest right-of-way line of said State Highway 121, said R.O.W. Marker being in the southeast right-of-way line of said West Vickery Boulevard, said R.O.W. Marker also being the beginning of a Control of Access Line, said R.O.W. Marker also being 244.12 feet right of and at right angles to centerline station 457+31.48 of the proposed centerline of said State Highway 121; GORRONDONA A ASSOCIATES,INC. 6707 DREN7WOOD STAIR ROAD SUITE SO FORT WORTH.TEXAS 761t2 817496-1424 FAX 817496-1768 Parcel No. 83 Date:May 31,2005 Exhibit A,Page 2 of 3 Pages (4) THENCE North 51 degrees 29 minutes 19 seconds East, with the proposed northwest right-of-line of said State Highway 121, with the southeast right-of-way line of said West Vickery Boulevard and with said Control of Access Line, a distance of 125.00 feet to the POINT OF BEGINNING, and containing. 21,290 square feet or 0.489 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. (3) All coordinates are grid coordinates, based on the Texas Coordinate System, NAD-83,North Central Zone,utilizing a TxDot Surface Factor of 1.00012 for this project. (4) Right-of-Way Markers are 5/8 inch iron rods with blue caps stamped"Gorrondona &Assoc Inc Fort Worth Texas",unless otherwise noted. (5) Access is prohibited across the "Control of Access Line" to the transportation facility from the adjacent property. I HEREBY CERTIFY TO THE NORTH TEXAS TOLLWAY AUTHORITY THAT THIS SURVEY PREPARED BY ME WAS ACTUALLY MADE UPON THE GROUND AND THAT IT AND THE INFORMATION, COURSES, AND DISTANCES SHOWN THEREON ARE CORRECT AND THAT THE TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE SAME. SURVEYED ON THE GROUND April 25,2005 G�:QEG1BTFgFO lP --' • s .............. Curtis Smith C..... SMITH Registered Professional Land Surveyor <y � 494,;F:'Q. No. 5494 SUFN GORRONOONA¢ASSOCIATES,INC. 6707 BRENTWOOD STAIR ROAD SUITE 50 FORT WORTH,TEXAS 76112 817496.1,124 FAX 817-496-1768 } �' Xr .... `174 F y0, ah j ' 10 ``�� ti5�� - LOT 13R ''f �+ �A O _ --- FACTORY PLACE ADDITION ............. VOLUME 388-80 PACE 32 S J V � ' - J P.R.T.C.T. 1+ r' 3' G V �. r� 1 Q� Vr .. .'yy - -lt Y 9 - ti ar: '�:'':•� ?cap>;:�:�::.Yr;;;:.`�;,-�.`:":`.:;:;':,:;2`:i:;. .. ----- F - - - - - ' r _ - 1 ;:.. o• - �i��:ii;KRZYSZTOF GORECKI:!-:= ' •`.:-.. -- E ...VOLUME 12686, GE 298*."."",""""""-"'--- ... ; :; ,aD. R.T.C.T. a x s ...:..:...:................. t t.: a ..83.' - :.PE fA AVD v - A d1 _ - - 5 - O -'r::-i::�.�:ii��'rc.... ,,p 4 a --�':sOF LOT 9`:;s:;#:::�:`:.`•1:'''::�i`:;�'::=`:::,•_•:;,..._...................:•::•::-::::.-�'::::::::::�::::__:•:::::::�:. •. ::Fi :?i7' - i•:ri: •.• � "�'C�::�:ii�iiv::i�ii::i ;:;:.i��'r'��:?:=i:::::•:::::::::: ............:................................_.._._......... ......:i:�:�:(��ii`ii`'r'-Fi:�i:. - -- - --- ;i� IG�tit REMAINDER ER - - - •�f� o� j - OF LOT B '1 5 •CA a► - ti o 4 6 8 5 Q O _ t -- G V 'y V 1 - _ A :t•.k _ 5 REMAINDER OF LOT 7 NOTES: (1) ALEGAL D CSCR IPTION OF PANIES THVEN pSURVEY DATE HERT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. (3) THE COORDINATES SHOWN ARE GRID COORDINATES, 40 20 0 40 1ND 83 NORTHN THE TEXAS CENTRAL zRo�vnuz Nc A TY.DOT SURFACE FACTOR OF 1.00012 FOR —� THIS PROJECT. SCALE IN FEET (a) RIGWITHHiBLUE1YCAPS SSTAY xERS AMPED CORoNDONA RODS ASSOC INC FORT WORTH TEXAS-. UNLESS LEGEND NOTED OTHERWISE PROPOSED W UNE�� (5) ACCESS IS PROHIBITED ACROSS THE 'CONTROL OF PROPERTY UNE OFTACCESS UNE' TO THE TRANSPORTATION FACILITY SURVEY'UNE $ �Q ••••.;cr� FROM THE ADJACENT PROPERTY. EXIST. EASEVENT UNE — — —— — G3�• r�GISTFRF•.• CNTL. OF ACCESS UNE—{){--N� P O PARCEL NUMBER p """" NORTH TEXAS TOLLWAY AMHORM RECONSTRUCTED CORNER RCC ... CURTIS SMITH '""'•""" SURVEYED ON THE GROUND APRIL 25. 2005 '.4 5494 ..•� STATE HIGHWAY 121 RICHT OF—)PAY PLAT J. «/ suWN ► PARCEL NO. 83 ROW TAXING: 0.489 AC. OWNER: KRM2TOF GORECKI CURTIS SMITH, RPLS No. 5494 PAGE 3 OF 3 PAGES MAY 31, 20o5 I SCALE 1' - 40' CORRONDONA do ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. • PH. 817/496-1424 FAX 617/496-1768 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2006 DATE: Tuesday, September 12, 2006 LOG NAME: 30SWP83P REFERENCE NO.: L-14244 SUBJECT: Authorize Acquisition from Krzysztof Gorecki and Wife, Violetta Gorecki of 4337 West Vickery Boulevard, Fort Worth, Texas 76107, Located in the Vickery Corridor, for Right-of-Way for the Southwest Parkway (S.H. 121) (DOE 3777) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the payment of $1,075,000.00 to Krzysztof Gorecki and wife, Violetta Gorecki to acquire 4337 West Vickery Boulevard, Fort Worth, Texas 76107, located in the Vickery Corridor, for right-of-way for the Southwest Parkway (S.H. 121) (DOE 3777) and estimated closing costs of$6,954.00; 2. Authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4337 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 83, described as: 0.489 acres, more or less, being the remainder of Lots 9, 10 and 11, Block 2 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, (and as more fully described in an Exhibit "A" dated May 31, 2005); and 3. Execute a 16 month lease agreement with Krzysztof Gorecki and wife, Violetta Gorecki for 0.489 acres of land, located at 4337 West Vickery Boulevard, Fort Worth, Texas 76107. DISCUSSION: On December 13, 2005, (M&C G-15035) the City Council declared the necessity of taking a partial or whole interest in 53 parcels needed for the right-of-way of the Southwest Parkway. The City Council also authorized the City Attorney to institute condemnation proceedings, if needed, to acquire fee simple interest in those properties. As required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the City commissioned an independent appraisal from Integra Realty Resources DFW, LLP, to determine the fee simple value for the takings. The City has assembled a right-of-way acquisition team to assist in the negotiation and acquisition of the properties. Negotiations have ended and the City's team is recommending that the referenced property be purchased. In return for the payment, the City will receive fee title to the property needed to construct the Southwest Parkway. The negotiated price is acceptable to the property owner and the use of the City's eminent domain power will not be necessary. In addition, as part of the relocation process authorized under M&C G-15050, Krzysztof Gorecki and wife, Violetta Gorecki (Gorecki) requested to lease the property until it completes its relocation to a new facility. This request will not delay the construction of S.H. 121 or have an adverse impact on the City. The 0.489 acres is located at 4337 West Vickery Boulevard, Fort Worth, Texas 76107. The term of the http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/29/2006 Page 2 of 2 lease is 16 months, beginning September 1, 2006. The lease may be extended on a month-to-month basis at the City's discretion. The rental rate is tied to Gorecki relocating its facility in the City's corporate limits. To that end, the lease rate from September 1, 2006 through January 31, 2007 is $100.00 a month. The rate from February 1, 2007 through the end of the lease is $6,250.00 a month. When Gorecki obtains a building permit, the rate will become fixed. If Gorecki obtains a permit within the City's corporate limits, the rate will remain $100.00 a month through the end of the lease. However, if Gorecki obtains a permit outside the City's corporate limits, however, the rate will be $6,250.00 a month. The variable lease rate is being implemented as an incentive for this business to remain in Fort Worth. This parcel is located in COUNCIL DISTRICT 9. Mapsco: 75R FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. The Engineering Department will be responsible for the collection of funds due the City under the agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 442000 030302943000 $1,600.00 GR76 541100 030302943410 $1,081,954.00 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Bryan Beck (7909) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/29/2006