HomeMy WebLinkAboutContract 53211 �O CiTY SECRETARY
r(WITRACT NO. 53311
BETWEEN THE ITY OF FORT WORTH
AND
ME,ADOWBROOK RETAIL VENTURES,LP
THIS LEASE AGREEMENT("Agreement")is made and entered into by and between the CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas (" ty") and
MEADOWBROOK RETAIL VENTURES,LP,a limited liability corporation,("Landlord").
WHEREAS, Landlord and City wish for City to lease use of suite 6717 from Landlord at the
Meadowbrook East Shopping Center ("Shopping Center") located at 6717 Meadowbrook Drive, Fort
Worth,Texas 76112 to be used as an office for the Fort Worth Police Department;and
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,Landlord and City hereby agree as follows:
1. Leased Premises.Use of Premises.
1.1 Leased Premises. For and in consideration of the agreements of the parties expressed
herein,Landlord does hereby grant to City the use of suite 6717 located at 6717 Meadowbrook Drive,Fort
Worth, Texas 76112 as set forth in greater detail in Exhibits A and B, which are attached hereto and
incorporated herein("Premises").
1.2 Permitted Use. City will use the Premises during the term of the Agreement for an
office for general law enforcement functions whereby the Landlord, tenants in the Shopping Center, and
the public can have greater access to law enforcement in cooperation with state and local agencies
("Permitted Use.") City shall not use the Premises to incarcerate prisoners or conduct interviews of persons
on parole or probation. City agrees that it will not use, or permit or suffer the use of,the Premises, or any
part thereof, for any other business or purpose. City shall keep no domestic or other animals, including
dogs,on or about the Premises.
1.3 Nature of Lease. No legal title,easement or other possessory interest in real estate,
including any leasehold interest in the Premises,or any appurtenances thereto,shall be deemed or construed
to have been created or vested in City,except as contained in this Agreement. City does not in
any way or for any purpose,become a partner of Landlord in the conduct of business,or otherwise,or joint
venture or a member of a joint enterprise with Landlord.
1.4 Conduct of Business. City shall conduct its Permitted Use in the Premises in a first
class manner,shall provide for security in the Premises and shall abide by all rules and regulations existing
or as established by Landlord,from time to time,for tenants in the Shopping Center. City shall not solicit
business other than in the Premises. City shall conduct its Permitted Use during the regular hours of
operation of the Shopping Center,as established by Landlord from time to time,unless otherwise agreed
upon in writing executed by Landlord. City shall not permit the accumulation of rubbish,trash,garbage
and other refirse in and around the Premises,will remove same at City's expense,and will keep such refuse
in proper containers on the interior of the Premises until removal by City to the collection area designated
by Landlord.City hereby assumes all responsibility for obtaining and keeping effective all Leases,
permits and approvals necessary to allow the operation of the business and shall otherwise comply with all
applicable governmental rules and regulations concerning such operation. Notwithstanding anything herein
to the contrary,Landlord agrees and understand that City in no way promises to provide increased police
LEASE AGREEMENT BETWEEN
MEADOWBROOI{RETAIL VENTURES,LP& UFNCPAL REkCrjFgC�)
CITY OF FORT WORTH m
FT. `SORT gig, v„t,
protection or more rapid emergency response time because of this Agreement;no special relationship shall
exist between Landlord or City because of this Agreement and City shall provide no greater police
protection to Landlord than is provided to all other residents and businesses of the City of Fort Worth.
2. Term and Lease Fee.
2.1. Primary Term. Unless terminated earlier ursaant to the terms herein,the initial term of
this Agreement shall be effective beginning on the�CX 15,2019 and ending on the September 30,
2022("Primary Term").
2.2. Renewals. Subject to City not being in default under this Agreement, this Agreement
provides for two (2).automatic one (1) year renewals at the end of the primary term unless either party
provides thirty(30)days' prior written notice otherwise.The first renewal expires on September 30,2023.
The second renewal expires on September 30,2024.
2.3. Holdover Tenancy. Unless terminated earlier pursuant to the terms herein, this
Agreement will expire without further notice upon the expiration of all renewals. Any holding over by City
after the renewals expire will not constitute a renewal of the Agreement or give City any rights under the
Agreement in or to the Premises,except as a tenant at will.
2.4. Lease Fee. City agrees and shall pay to the Landlord as base rent for the Premises
during the said Term,the total sum of$0.00.
3. Condition of the Premises. CITY EXPRESSLY ACKNOWLEDGES AND AGREES IT
HEREBY ACCEPTS THE PREMISES,AS IS,WHERE IS,AND WITHOUT ANY WARRANTIES OF
WHATEVER NATURE,EXPRESS OR IMPLIED,IT BEING THE INTENTION OF THE LANDLORD
AND CITY TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR
IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY
APPLICABLE LAW OF THE STATE OF TEXAS.
4. Security Deposit. Landlord and City each acknowledge and agree that no security deposit for the
Premises has been received by the Landlord from City,and therefore,the Landlord shall have no obligation
to refund any such amounts to City upon the termination of this Agreement.
5. Utilities and taxes. Landlord shall pay for standard utilities except for internet and telephone,
unless otherwise agreed by the parties and taxes related to the Premises.
6. Repairs and Maintenance. If deemed necessary or desirable by Landlord, any such repairs
(including structural repairs) or general maintenance shall be Landlord's sole responsibility and expense.
City shall maintain the Premises as necessary to serve City's purposes hereunder. Notwithstanding the
foregoing,Landlord shall not be obligated to make any repair necessitated by the negligence of City or by
any breach of this Agreement by City.
7. Alterations,Improvements and ShmaQe. City shall make no alterations or improvements to the
Premises without the prior written consent of the Landlord. Any City improvements approved by the
Landlord and made by City after the Effective Date which remain on the Premises after the termination of
LEASE AGREEMENT BETWEEN
MEADOWBROOK RETAIL VENTURES,LP&
CITY OF FORT WORTH PAGE 2
this Agreement may become the property of the Landlord and may be disposed of as the Landlord may
determine with no liability or obligation to City.Landlord agrees to install signage,at the cost of tenant and
per design approval by Landlord, designating the Premises as the Fort Worth Police Department. Sign
purchase must comply with City of Fort Worth purchasing policies.
8. Right of Entity. Upon request of the Landlord, City agrees to cooperate with the Landlord to
accommodate the Landlord's conduct of surveys, environmental site assessments, geotechnical
assessments,subsurface utility investigations of the Premises(including structures)and show the Premises
to prospective tenants, buyers or lenders so long as such assessments, investigations or showings do not
unreasonably interfere with City's use of the Premises,as determined in City's sole discretion.
9. Insurance.
9.1. The Landlord shall have no contractual obligation to insure the Premises or any of City's
personal property located thereon or therein.
9.2. City is a self-funded entity and as such may not maintain a commercial liability insurance
policy to cover premises liability. Damages for which City would ultimately be found liable would be paid
directly and primarily by the City and not by a commercial insurance company.
9.3. In the event the Premises or City's contents or personalty located thereon or therein are
damaged or destroyed by fire or other casualty for which insurance is maintained by City,the rights of City
against the Landlord with respect to such damage or destruction or claim are waived; all rights of
subrogation in favor of any other third party are waived; all policies of insurance shall contain a clause or
endorsement providing in substance that the insurance shall not be prejudiced if the City has waived right
of recovery from any person or persons prior to the date and time of loss or damage, if any. The failure of
City to obtain such endorsements, however, shall not negate or otherwise adversely affect the waiver of
subrogation herein set forth,which waiver in all instances shall be binding upon the City and its respective
insurers,as well as any other person asserting a claim by,through or under City.
10. Limitation of Rieht of Recovery against Landlord. Except for the gross negligence or willful
misconduct of City,or a breach of this Agreement by City or its agents,attorneys,employees,contractors,
representatives, officers, directors, and related parties, Landlord hereby indemnifies City or its agents,
attorneys,employees,contractors,representatives,officers,directors,and related parties against all claims,
assertions,demands,rights,or causes of action which(i)arise from or in connection with the common areas
of the "Project" in which the Premises is located; or (ii) result from the gross negligence or willfid
misconduct of Landlord or its agents,attorneys,employees,contractors,representatives,officers,directors,
and related parties.
11. Environmental Matters.
11.1. For purposes of this Agreement, "Hazardous Materials" means and includes those
substances deemed hazardous, toxic or dangerous under any Hazardous Material Law (defined below),
including, without limitation, asbestos or any substance containing asbestos, the group of organic
compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals
known to cause cancer or reproductive toxicity,pollutants,effluents,petroleum and fiiels derived therefrom,
contaminants,emissions or related materials,and any items included in the definition of hazardous or toxic
waste, materials, chemical compounds or substances under any Hazardous Material Law. "Hazardous
Material Laws"collectively means and includes any present or future local, state or federal law or treaty,
LEASE AGRi;EMENT BETWEEN
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CITY OF FORT WORTH PACE 3
and any amendments thereto,including any common law doctrine of liability, relating to the environment,
environmental protection or environmental conditions, including, without limitation, (i) the Endangered
Species Act of 1973, 16 U.S.C.§§ 1531 et seq.("ESA"),as amended from time to time;(ii)the Solid Waste
Disposal Act, 42 U.S.C. §§ 6901 et seq., as amended from time to time, including, without limitation, as
amended by the Resource Conservation and Recovery Act of 1976("RCRA")and the Hazardous and Solid
Waste Amendment of 1984;(iii)the Comprehensive Environmental Response,Compensation and Liability
Act of 1980 ("CERCLA"),42 U.S.C. §§ 9601 et seq., as amended from time to time, including, without
limitation, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"); (iv)
the Federal Water Pollution Prevention and Control Act,33 U.S.C. §§ 1251 et seq.,as amended from time
to time;(v)the Air Pollution Prevention and Control Act,42 U.S.C. §§7401 et seq.,as amended from time
to time; (vi) the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., as amended from time to time;
(vii)the Safe Drinking Water Act,42 U.S.C. §§300f-300j,as amended from time to time; (viii)the Texas
Hazard Communication Act,Tex.Health&Safety Code§§502.001 et seq.,as amended from time to time;
(ix)the Texas Solid Waste Disposal Act,Tex. Health&Safety Code§§ 361.001,et seq.,as amended from
time to time;(x)Chapter 26 of the Texas Water Code,as amended from time to time;(xi)the Texas Clean
Air Act,Tex. Health& Safety Code§§382.001,et seq., as amended from time to time;and(xii)all rules,
regulations,orders and decrees now or hereafter promulgated under any Hazardous Material Law.
11.2. City shall not allow or permit the Premises to be used for the handling, transportation,
storage, treatment or other use of any Hazardous Material, except those de minimus amounts customarily
found in a police office or used in the operation,maintenance or repair of equipment,and improvements on
the Premises and for cleaning..Landlord and its agents,employees and contractors,shall have the right,but
not the obligation, to enter the Premises at all reasonable times to inspect the Premises and City's
compliance with the terms and conditions of this paragraph or to conduct investigations and tests. No prior
notice to City shall be required in the event of an emergency,or if Landlord has reasonable cause to believe
that violations of this paragraph have occurred,or if City consents at the time of entry.
12. Assignment or Encumbrance.
12.1. Without the prior written consent of the Landlord,which may be withheld in the Landlord's
sole discretion,City may not mortgage,pledge,encumber or assign this Agreement or sublet the Premises,
in whole or in pant,to any person,firm,or corporation. Any attempted sublease or assignment without such
consent shall be void and of no effect.
12.2. City agrees to prevent any mechanic's,materialmen's,laborer,or any other lien from being
placed upon all or any portion of the Premises or improvements thereto.
13. Defaults and Remedies.
13.1. City's failure to perform or observe any covenant or condition of this Agreement shall, if
continuing for thirty (30) days after written notice thereof to City, constitute an "Event of Default"
hereunder.
13.2. This Agreement and the term and estate hereby granted and the demise hereby made are
subject to the limitation that if and whenever any Event of Default shall occur, the Landlord may, at its
option, terminate this Agreement, in which event City shall surrender possession of the Premises to the
Landlord, and in connection therewith the Landlord may enter upon and take possession of the Premises
and expel or remove City after City receives notice of such Event of Default.
LEASE AGREEMENT BETWEEN
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CITY OF FORT WORTH PAGE 4
13.3. In the event the Landlord elects to terminate this Agreement by reason of an Event of
Default, then, notwithstanding such termination, City shall be liable to the Landlord for the sum of any
indebtedness accrued to the date of such termination.
14. Termination. Either party may terminate this agreement without cause by providing 30 clay
written notice to the other party.
15. Notices.
15.1. All notices to the Landlord shall be sent to:
MEADOWBROOK RETAIL VENTURES,LP
8235 Douglas Avenue,suite 350
Dallas,Texas 75225
Attn: Robert T. Gunby,CCIM, Principal
15.2. All notices to City shall be sent to:
City of Fort Worth
Property Management Department
900 Monroe,Suite 404
Fort Worth,Texas 76102
Attention: Lease Management
With a copy to:
City of Fort Worth Police Department
Bob Bolen Public Safety Complex
505 West Felix
Fort Worth,Texas 76115
Attention: Planning Manager
City of Fort Worth
City's Attorney Office
200 Texas Street
Fort Worth,Texas 76102
15.3. Mailing of all notices tinder this Agreement shall be deemed sufficient if mailed certified,
return receipt requested and addressed as specified herein to the other parry's address. All time periods
related to any notice requirements specified in this Agreement shall commence upon the terms specified in
the section requiring the notice. In the absence of any such provision,notice shall be deemed effective on
the earlier of actual receipt or three(3)days after mailing.
16. No Options or Rights of First Refusal. It is expressly agreed and acknowledged that this
Agreement is limited to the Premises. City shall have no rights to use from the Landlord any lands other
than this Premises,and all options or rights of first refilsal in and to any portion of the Premises,if any,are
hereby expressly terminated.
17. Entire Agreement; Modification. This Agreement shall constitute the entire agreement of the
Landlord and City, and shall supersede any prior agreements, either oral or written, pertaining to the
LEASE AGREEMENT BETWEEN
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CITY OF FORT WORTFI PAGE 5
Premises. This Agreement cannot he changed or modified orally, but only by an instrument in writing
signed by both parties.
18. Waivers. One or more waivers of any covenant,term,or condition of this Agreement by either the
Landlord or City shall not be construed as a waiver of a subsequent breach of the same covenant,term,or
condition. The consent or approval by either the Landlord or City 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 similar act.
19. No Partnership. No provisions of this Agreement shall be deemed or construed to constitute a
partnership or joint venture. City shall have no express or implied right or authority to assume or create
any obligations on behalf of or in the name of the Landlord.
20. Choice of Law, Venue. This Agreement and the relationship created hereby shall be governed by
the laws of the State of Texas. Exclusive venue for any action brought to interpret or enforce the terms of
this Agreement or for any breach shall be in Tarrant County,Texas.
21. Construction.
21.1. Whenever used herein the singular number shall include the plural and the plural number
shall include the singular. Whenever used herein the masculine gender shall include the feminine and
neuter genders and the neuter gender shall refer to any gender.
21.2. Paragraph headings used in this Agreement are intended for convenience only and not
necessarily to describe the intent of a particular Paragraph and therefore shall not be construed as limiting
the effect of any provision of this Agreement.
22. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or construed to
waive either party's sovereign immunity.
23. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original,but all of which together shall constitute one and the same instrument.
24. Effectiveness. This Agreement shall be binding upon the City only when signed by its Assistant
City Manager and shall be of no force and effect until so executed.
25. Time is of the Essence. Time is of the essence of this Agreement and each and every provision
hereof.
[Signatzn•e Page Follows]
LEASE AGREEMENT BETIVEEN
MEADOWBROOI{RETAIL VENTURES,LP&
CITY OF TORT WORTH PAGE:
EXECUTED this �Z day of P_ Li, 2019,
CITY: LANDLORD:
City of Fort rth,a.lxome-rule municipal MEADOWBROOIC RETAEL VEI NTURES,LP,
corpor tion the State of Texas a limited artnershi
By: i
Kevin Gunn Rober T.Gunby
Assistant City Manager Manager
CONTRACT COMPLIANCE;KANAGER
By signing,I acknowledge that I am the person
responsible for the monitoring and administration
of this contract,•including ensuring all performance
and reporting requirements. j
Name: �—�—
Title:
APPROVCD AS TO FORM AND LEGALITY:
By:
Leann Guzman
Senior Assistant City Attorney
ATTEST: t �C)FtTiO`
By:
ary Kays r
City Secretat
Form 129 : q +6 to %/y �XAS
M&C: ,
Date: &A MY
Ll-;AsE AGREEMENT BETWEEN
MEADOWBROOK RETAIL VENTURES,LP&
CITY Or FORT WORTH '
Exhibit"A"
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LEASE AGREEMENT BETWEEN
MEADOWBROOK RETAIL VENTURES,LP&
CITY OF FORT WORTH PAGE 8
Exhibit`B"
Suite 6717 floorplan
t
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Suite 67V
SGIE iD'=1'O
KEVPu, Meadowbrook East Shopping Center
6605.67191teadmt"ook acre,Fad Vlotth Tolas
LEASE AGREEMENT BEMEEN
MEADOWBROOK RETAIL VENTURES,LP&
CITY Or FORT WORTH PAGE 9
official site of the City of Fort Worth,Texas
FORT WORT II
CITY COUNCIL AGENDA
DATE: 11/19/2019 REFERENCE **M&C 19- LOG NAME: 21 FWPD 6717
NO.: 0322 MEADOWBROOK
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Lease Agreement with Meadowbrook Retail Ventures, LP for
Approximately 1800 Square Feet of Space Located at 6717 Meadowbrook Drive, Fort
Worth, Texas, 76112 in the Meadowbrook East Shopping Center to be Used as a
Storefront by the Fort Worth Police Department (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a lease agreement with
Meadowbrook Retail Ventures, LP for approximately 1800 square feet of space located at 6717
Meadowbrook Drive, Fort Worth, Texas, 76112 in the Meadowbrook East Shopping Center to be
used as a storefront by the Fort Worth Police Department. (COUNCIL DISTRICT 4)
DISCUSSION:
The Fort Worth Police Department("FWPD") has identified approximately 1800 square feet of space
located at 6717 Meadowbrook Drive, Fort Worth, Texas, 76112 in the Meadowbrook East Shopping
Center to be used as a FWPD storefront.
The landlord, Meadowbrook Retail Ventures, LP, has agreed to charge no rent in return for the
FWPD presence in the area.
Approval of this M&C authorizes the City and Meadowbrook Retail Ventures, LP to enter into a lease
agreement to provide for a FWPD storefront in east Fort Worth. This lease commences on the
executed date, terminates on September 30, 2022 and includes two (2) successive one (1) year
renewal terms to terminate September 30, 2024,
This property is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
Ip ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
Ip I I Year Chartfield 2
Submitted for City Manager's Office by: Kevin Gunn (2015)
Orininatina Department Head: Steve Cooke (5134)
Additional Information Contact: Mark Brown (5197)
Jean Petr(8367)
ATTACHMENTS
M&C MAP.pdf