HomeMy WebLinkAboutContract 37667`a' SECRETARY
N.P RACT NO UI
LEASE AGREEMENT
This lease agreement ("Lease") is made and entered into this, the l day of April, 2008,
the effective date hereof, at Fort Worth, Texas by and between Fort Worth Independent School
District, a political subdivision of the State of Texas located in Tarrant County and a legally
constituted Independent School District ("Lessor"), acting by and through Melody Johnson, its
July authorized Superintendent and the City of Fort Worth, a municipal corporation, ("Lessee")
acting by and through Joe Paniagua, its duly authorized First Assistant City Manager. 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 located at 6701 Shelton Street, also known as Tracts A & B 1, High School
Subdivision, Fort Worth, Texas 76107.
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. The
boundaries and location of the Leased Premises are described on the attached Exhibit A made
part hereof.
SECTION 2. Use of premises. The leased premises shall be used as office space for the City
of Fort Worth Police Department, including off -duty Police Officers, primarily during hours of
operation of Eastern Hills Senior High School,
SECTION 3. Term and Rent. This lease shall be for a period of 2 years commencing on
April 1st, 2008 and terminating on March 31 st, 2010, unless a prior termination is effected by
either Lessor or Lessee under the termination provisions of this Lease_ Lessee shall pay Lessor
rent in the amount of $1.00 per year. All rental payments shall be payable to Lessor at the
location of notice set forth in Section 13 of this Lease. The rental payment shall be made to the
Lessor on the first day of the term and each month thereafter including any extension of the
Lease.
This Lease may be renewed for successive terms of 12 months each for up to a maximum of five
successive terms, provides that the Lessee notifies Lessor in writing of its intent to extend on or
before 30 days prior to expiration of the Lease or any extension. The notice shall be deemed
effective when deposited by Lessee in United States mail, postage prepaid, return receipt
requested, addressed to Lessor. The terms of this Lease shall continue to govern and control the
relationship of the parties during any extensions.
SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor agrees to be
responsible for the payment of all electricity, natural gas, - ne;�b other utility charges
that come due and payable during the term Lessee occupies the Leased Prises. Lessor agrees
that Lessor will pay for water for the Premises, provided usage is within normal amounts.
r�
City of Fort T�orth Lease Page 1
Additionally, 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 will be responsible for telephone installation and monthly charges.
Lessor shall maintain in good repair the roof, foundation, and exterior walls of the Leased
Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof,
foundation, and exterior walls of the Leased Premises. If any repairs required to be made by
Lessor are not commenced or made within seven calendar days after written notice is delivered
to Lessor by Lessee, Lessee may terminate the Lease.
SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 6701 Shelton
Street, Fort Worth, Tarrant County, Texas 76107. 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.
Lessee is basically aself-funded entity and as such, generally, it does not maintain a commercial
liability insurance policy to cover premises liability. Damages for which Lessee would
ultimately be found liable would be paid directly and primarily by Lessee and not by a�
commercial insurance company. F4m� C�
SECTION 6. Liability and Hold Harmless. (LESSOR COVENANTS AND AG ES TO
RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS 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, REGARDLESS OF WHETHER THE ACT OR 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, Funding and Non -Appropriation.
8.01 Termination. Lessor shall have the right to terminate this Lease at any time for any
reason unrelated to Lessee's default or breach of any of the terms expressed herein by giving
Lessee 30 days' written notice prior to the intended termination date. The notice shall be
City of Fort Worth Lease Page 2
eemed eirective when deposited by essor mmv nited States mail po age prep d, certified maii,
return receipt requested, addressed to Lessee,
lays' written notice prior to the intended termination date. The notice shall be deemed effective
xhen deposited by Lessee in the United States mail, postage prepaid, certified mail, return
eceipt requested, addressed to Lessor,
iny renewal period, neither party shall have any further obligation or liability to the other under
his Lease. Lessor and Lessee shall be bound by the terms, covenants and conditions expressed
erein until Lessee surrenders the Leased Premises, regardless of whether the date of surrender
oincides with the date of termination of the Lease,
.essee hereunder, Termination shall be effective as of the last day of the fiscal period for which
)roverning body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of
cient funds were appropriated or upon expenditure of all appropriated ftinds, whichever
omes first. Termination pursuant to this non�appropriation clause shall be without further
enalty or •,
easonable times for the purpose of inspecting the Leased Frenuses, provided that such entry
Joes not conflict with Lessee's rights hereunder.
EXXON III SOME III
reason wnaisoever, fessee s a surrender possession of Me Leased rremises 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
o 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
.^esponsible for repairing any damage to the Leased Premises caused by the removal of furniture
r equipment.asitionally, if Lessee modifies the Premises with alterations, additions,
miNrovements made or installed bri Lessee, Lessor the termination of this Lease. shall have
he right to demand that Lessee remove some or all of such alterations, additions, or
mprovements made
ind the building and improvements situated thereon, as suitable for the purposes for which the
same are leased. In the event any presently installed plumbing, plumbing fixtures, electrical
miring, lighting fixtures, or air conditioning and heating equipment are not in good working
ondition on the commencement date of this Lease, Lessor agrees to repair promptly any such
efects of which Lessee delivers written notice to Lessor within thirty days after the
ommencement date of this Lease.
City o, f'Fort iiTorth Lease Page 3
SECTION Assignment. a •n or sublet this Lease♦' prior
written approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the
and lawful assignees of Lessorand the successors of as permitted by ..
erms of this agreement and by the laws of the State of Texas and the United States. Any person
or entity using or occupying the Leased Premises! t lawful assignmentor r a C shall
egarding termination and eviction,
he following persons at the following addresses, provided, however, that each party reserves the
ight to change its designated person for notice, upon written notice to the other party of such
&NNorth University
ort Worth, TexasfF i
1 West Belknap i
�! ort Worth,- r.
Real Property Management Attu: Terry Rhamash
City %J Port Worth
900 Monroe Street Suite 302
Port Worth, Texas 76102
City Aiiorney s t`3irice Aitn: 1leann �. Csuzman
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
EC IIW-m -14, Entire Agreement, Inis Lease shall constitute the entire a eeme 0 e
.essor and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to
he Leased
01kAII • �• • •- t ;t
?romises to provide increased Police protection or more rapidemergency responsetime becau
)f this Lease. No special relationship shall exist between Lessor or other than thatandlord and tenant. Lessee shall provide no greater Police protection to Lessor than is providel
a s • • ents and businesses. W
•, either Lessoror be construed as a waiver of • breach of
ovenant, term, or o,• •n. The consent or approval by • or - to or of act
y the other party requiring such consent or approval shall not be deemed a waiver or render
nnecessary consent to or approval of any subsequent
)e governed by of - of rr any action brought to interpret or
mforce the terms of - or s- in Tarrant County,
City of Port Yvo�th Lease Page 5
Executed to be effective the l day of April, 2008,
LESSOR:
FORT WORTH
SCHOOL DIST,
By:
N1141 le�locl A.Joh>lsoh_pF,.l�
Title:
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
City Secretary
Date: � � 10 fo
Contract Number.
LESSEE:
CITY OF FORT
By:
Name: Joe P
Title: First Assistant City Manager
City of Fort YYorth Lease Page 6
DEPUTY SUPERINTEN
JUN 3 0 2008
SCHOOL LEADERSHIP &
iiiiiiiiiidk;
Cihl of Fort Worth Lease Page 7
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City of Fort Worth Lease Fage 8
Page 1 of 2
r � � � � � • �
DATE: Tuesday, June 10, 2008
LOG NAME: 356701SHELTON REFERENCE NO.: C-22851
SUBJECT:
Authorize the Execution of a Lease Agreement with the Fort Worth Independent School District for
Space Located at 6701 Shelton Street for the Police Department
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with the
Fort Worth Independent School District for office space located at 6701 Shelton Street.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated the lease of space for police officers, including off -duty officers, primarily during the hours of
operation of Eastern Hills Senior High School.
The lease term will be for two years, beginning April 1, 2008, and terminating on March 31, 2010, with five
one-year options to renew. The rent will be $1.00 per year. Under the terms of the lease, the landlord will be
responsible for payment of all utilities, with the exception of telephone charges. The City has occupied this
space since January 2001.
This property is located in COUNCIL DISTRICT 8.
RENEWAL OPTIONS -This agreement may be renewed for up to five successive one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
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.
TO Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR79 539120 0359501 1.00
Joe Paniagua (6575)
Patricia Kneblick (4210)
Kara Shuror (4221)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/29/2008
Page 2 of 2
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 9/29/2008