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HomeMy WebLinkAboutContract 57431 CSC No. 57431 LEASE AGREEMENT This lease agreement ("Lease") is made and entered into this, the 13th day of April, 2022 ("Effective Date"), by and between Alliance for Children, Inc., a domestic 501-3C corporation, acting by and through Julie Evans,its duly authorized Executive Director("Lessor"),and the City of Fort Worth, a Texas municipal corporation, acting by and through its duly authorized Assistant City Manager, Dana Burghdoff ("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. RECITALS WHEREAS, the parties previously entered into a lease agreement (City Secretary Contract (CSC) No. 46260),as amended,("Previous Agreement"),a lease for approximately 5,036 square feet of office space at 908 Southland Ave.,Fort Worth,Texas 76104 within the building known as the"Alliance for Children Fort Worth Office"to be used by the Fort Worth Police Department("FWPD"); WHEREAS, on April 25, 2019, the Lessee and Lessor entered into an amendment to the Previous Agreement that (i) extended the term of the Previous Agreement until September 30, 2021 with two (2) automatic renewals of twelve(12)months each;(ii)allowed for both parties to have the right to terminate the Previous Agreement for any reason with thirty (30) days-notice; and (iii) allowed for the Previous Agreement to turn into a sub-lease in the event that the Leased Premises was sold to a new owner while also allowing, upon both party's required approval, the ability to enter into a new lease agreement to reflect a change of location of the leased premises in the event Lessor purchased a new property; WHEREAS, Contemporaneously with the amendment mentioned above, the Lessor and Lessee entered into an additional amendment to the Previous Agreement on April 25, 2019 acknowledging that the Leased Premises had been sold to Cook Children's Health Care System("Cook")and that in accordance with the amendment mentioned above, the Previous Agreement was being converted into a sub-lease agreement; WHEREAS, in the latter part of 2021,the Lessor notified the Lessee that the Lessor had purchased a new property located at 3609 Marquita Drive, Fort Worth,Texas 76116; WHEREAS,as discussed in the Previous Agreement,the parties began the process of initiating this Lease and FWPD began the process of moving into the Lessor's new building beginning on October 1, 2021; WHEREAS, both parties acknowledge that up until the execution of this Lease, the parties had been operating as if in a holdover status under the Previous Agreement and that all required rents and other obligations of the parties are current; and WHEREAS, the parties now would like to enter into this Lease, under similar terms and conditions to the Previous Agreement,which will reflect the parties' intent for the Lease to begin October 1,2021,for the Lessee's use of approximately 4,403 square feet of office space at the Lessor's new property located at 3609 Marquita Drive, Fort Worth, Texas 76116. OFFICIAL RECORD CITY SECRETARY City of Fort Worth Lease Page 1 FT.WORTH,TX NOW THEREFORE. in consideration of the rentals set forth in the Lease, the parties agree to the following: SECTION 1. Leased Premises. For and in consideration of the covenants and agreements as expressed herein, Landlord does hereby grant to Lessee the use of office space of approximately 4,403 square feet located at 3609 Marquita Drive,Fort Worth,Texas,76116("Leased Premises")as depicted in more detail within Exhibits A, B, & C of this Lease which are attached hereto and incorporated herein. SECTION 2. Use of Leased Premises. The Premises will be used solely as office space for the F WPD and for no other purpose. SECTION 3. Term. This Lease shall be for a period commencing on October 1,2021 and terminating on September 30, 2022 ("Initial Term") and shall automatically renew for up to four(4) successive one- year renewals ("Renewal Terms"),unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Both the Initial Term and any Renewal Terms thereafter will collectively be known as the "Term". The terms of this Lease shall continue to govern and control the relationship of the parties during any extensions or holdover by Lessee. SECTION 4. Rent. Lessee shall pay Lessor Thirty Thousand and 00/100 Dollars ($30,000.00) total rent during the Term of this Lease. Rent shall be delivered to Lessor's address stated in Section 17, and shall be paid in monthly installments of$2,500.00. Each installment shall be due by the loth day of the month. SECTION 5. Taxes, Insurance, Utilities. Lessor agrees to be responsible for the payment of all electricity, water, natural gas, local telephone, or other utility charges that come due and payable during the term lessee occupies the Leased Premises. Lessor agrees that Lessor will pay for all taxes and insurance as they come due. SECTION 6. Maintenance. (a) Lessor shall maintain the roof, foundation, and structural soundness of exterior walls, HVAC, water and sewer lines, electrical system, Common Area (as defined below), and landscaping of the outside premises at its own expense in good order, condition, and repair during the Lease Term. Lessor shall also be responsible to repair any damage caused by or resulting from any failure or disrepair of the roof, foundation, exterior walls, HVAC, water and sewer lines, or the electrical system. Lessee agrees to give Lessor notice of defects or need for repairs in the roof, foundation, exterior walls,HVAC, water and sewer lines, or electrical system of the Leased Premises, or damage caused thereby or resulting therefrom, and Lessor shall commence repair of such defects or disrepairs within twenty-four(24)hours of receipt of notice from Lessee. If the repair of such defects or disrepairs is not complete within three (3) days of the notice by Lessee to Lessor, then, in Lessee's sole discretion, Lessor shall have such additional reasonable time as allowed by Lessee to complete such repairs. In the event the repairs are not performed by Lessor within such additional reasonable time, Lessee may perform the necessary repairs and shall, at Lessee's sole discretion, either(i) receive payment from Lessor in the actual amount of the repairs or(ii)receive a credit against future rent in the actual amount of the repairs. If a defect or disrepair is the result of the negligence of Lessee, Lessee shall be responsible for the actual cost of the repairs, as evidenced by invoices. City of Fort Worth Lease Page 2 (b) Lessor shall maintain, at Lessor's expense, a preventive maintenance program providing for the regular inspection and maintenance of the RVAC. Lessor shall provide all routine maintenance in and around the Leased Premises, including replacement of light bulbs, elevator maintenance, pest control, replacement of light fixture fluorescent lamps and incandescent bulbs and landscaping. (c) Lessor shall provide all security, if any, to the Leased Premises during the Lease Term. Lessee shall have no obligation to provide any security service or other security devised in or about the Leased Premises; and Lessee, in any event, shall have no liability hereunder for any theft, burglary, or other breach of securing during the Lease Term. Lessee shall keep the Leased Premises in good, clean, attractive, sanitary, and habitable condition in compliance with all applicable health ordinances and regulatory provisions. (d) The"Common Area" of the Building is that part of the Building designated by Lessor from time to time for the common use of all tenants, including among other facilities, elevators,tunnels, skyways, halls,lobbies,delivery passages,drinking fountains,and public toilets,all of which are subject to Lessor's sole management and control. Lessee and its employees and invitees have the nonexclusive right to use the Common Area,this use to be in common with Lessor,other tenants of the Building,and other persons entitled to use the Common Area. SECTION 7. Insurance. Lessor agrees to insure the Leased Premises. 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 Lease. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the Leased Premises shall be borne solely by the Lessor. Lessee is a self-ensured 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. SECTION 8. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES 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. LESSOR COVENANTS AND AGREEES TO RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARLMESS THE LESSEE, ITS OFFICEERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL CAUSES OF ACTION FOR ENVIRONMENTAL DAMAGES OR THE VIOLATION OF ANY AND ALL City of Fort Worth Lease Page 3 ENVIRONMENTAL REQUIREMENTS RESULTING FROM LESSEE'S USE OF THE LEASED PREMISES. SECTION 9. Fixtures and Improvements. (a) 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 Lessor will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever. (b) Lessee may paint, erect or display a sign,placard or lettering which is visible from the exterior of the Leased Premises, subject to Lessor's prior approval, which shall not be unreasonably withheld or delayed. SECTION 10. Default,Termination,Funding and Non-Appropriation. (a) Lessee Default. A default by Lessee shall exist if Lessee fails to pay rent within thirty(30) days after written notice from Lessor that rent is due hereunder. Upon a default by Lessee, Lessor, as its sole remedy,may terminate this Lease and Lessor shall have the right to collect the past due rent from Lessee. (b) Lessor Default. If Lessor defaults in the performance or observance of any covenant or agreement of this Lease, which default is not cured within 7 days after the giving of notice thereof by Lessee, then Lessee may, at Lessee's option, either (i) terminate this Lease or (ii) cure the Lessor's default. The cost of the cure of a Lessor's default by Lessee pursuant to this Section 10(b) shall be payable by Lessor to Lessee within 7 days after written demand therefor by Lessee,or,at Lessee's option, such costs may be applied as a credit to future rent. Such costs must be actually and reasonably incurred and must not exceed the scope of the Lessor's default. Such costs must be reasonably documented and copies of such documentation shall be delivered to Lessor with the written demand for reimbursement. Nothing contained in this Section 10(b) shall create or imply the existence of any obligation by Lessee to cure any Lessor default. (c) Termination. Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor 30 days' written notice prior to the intended termination date. 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. 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. (c) Funding and Non-Appropriation. 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. City offort Worth Lease Page 4 SECTION 11. Damage or Destruction. If the building or any other improvement on the Leased Premises should be damaged or destroyed by fire,tornado,or other casualty,Lessee shall promptly give written notice thereof to Lessor. If the damage is such that Lessee cannot use the Leased Premises for their intended use, Lessee shall have the right to terminate this Lease effective immediately upon written notice with no further liability. If Lessee elects not to terminate, and Lessor proceeds to rebuild or repair such building or other improvements on the Leased Premises to substantially the condition in which it existed prior to such damage, Rent, utility charges, and any other costs to be paid by Lessee under this Lease shall abate proportionally during such period and the abatement shall continue until the Leased Premises is fit for use by Lessee in the ordinary conduct of its business. SECTION 12. Right of Inspection. Lessor reserves the right to enter upon the Leased 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. Notwithstanding the above, given the sensitive nature of materials handled by the Fort Worth Police Department ("FWPD"), Lessor and all others having access pursuant to this Section 12 to any portion of the Leased Premises used by the FWPD shall not enter the Leased Premises unless accompanied by a representative of Lessee. Lessee shall make a representative available immediately upon request of Lessor. SECTION 13. 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 an damage to the Leased Premises caused b the removal g Y g p p Y of furniture and equipment. Additionally, if Lessee modifies the Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee,provided,however,if Lessor gave prior approval of such alterations,additions,or improvements, Lessee shall not be required to perform any removal thereof. SECTION 14. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Leased Premises, and on the basis of such inspection Lessee hereby accepts the Leased Premises as suitable for the purposes for which the same are leased. In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, or HVAC equipment are not in good working condition on the commencement date of this Lease, Lessor agrees to repair promptly any such defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. SECTION 15. 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 of the State of Texas and the United States. Any person or entity using or occupying the City of Fort Worth Lease Page 5 Leased Premises without a lawful 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 16. Notices. Notices required to be made under this agreement shall be sent to the following persons at the following addresses, provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: All notices to Lessor shall be sent to: Alliance for Children, Inc. 3609 Marquita Drive, Fort Worth, TX 76116 Attn: Patricia Gruver, Operations Manager (p ruverkallianceforchildren.org) All notices to Lessee shall be sent to: 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 As well as to: City of Fort Worth Property Management Department 900 Monroe, Suite 404 Fort Worth,Texas 76102 Attention: Lease Management As well as to: City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth,Texas 76102 All time periods related to any notice requirements specified in the Lease shall commence upon the terms specified in the section requiring the notice. The notice shall be deemed effective when deposited in United States mail postage prepaid, certified mail, return receipt requested, addressed to the other party as set forth above. City of Fort Worth Lease Page 6 SECTION 17. Subordination to Mortgages. Lessee accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or hereafter affecting the Leased Premises, and to renewals, modifications, refinancings and extensions thereof and if, but only if, each holder of any mortgage, deed of trust, ground lease or other lien subsequently affecting the Leased Premises has executed and delivered to Lessee a SNDA (hereinafter defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and other lien(s) subsequently affecting the Leased Premises, and to renewals, modifications, refinancings and extension thereof (collectively, a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee." This clause shall be self- operative,but upon request from a Mortgagee,Lessee shall execute a commercially reasonable SNDA in favor of the Mortgagee. If requested by a successor-in-interest to all or part of Lessor's interest in this Lease, Lessee shall, without charge, attorn to the successor-in-interest if, but only if, such successor-in- interest has executed a SNDA or other agreement whereby such successor in interest has agreed not to disturb or interfere with Lessee's possession of the Leased Premises (subject to the terms and conditions of this Lease) for so long as Lessee is not in default under this Lease beyond any applicable notice and cure period. Lessor represents and warrants to Lessee that as of the date of this Lease there is no Mortgage filed against the Leased Premises. Prior to permitting a Mortgagee to obtain a Mortgage on the Property, Lessor will use commercially reasonable efforts to cause such Mortgagee to execute a Subordination, Non-disturbance and Attornment Agreement("SNDA")in form and substance reasonably satisfactory to Lessor, Lessee and the Mortgagee. The SNDA, among other things, shall provide that in the event a Mortgagee forecloses on the Leased Premises or otherwise enforces its right to divest Lessor of its fee simple interest in the Leased Premises,then such Mortgagee will not disturb Lessee's use and enjoyment of the Leased Premises for so long as Lessee is not in default under this Lease beyond any applicable notice and cure period. SECTION 18. Compliance to Laws. Lessor, at its expense, shall comply with all environmental, air quality, zoning, planning, building, health, labor, discrimination, fire, safety and other governmental or regulatory laws, ordinances, codes and other requirements applicable to the Leased Premises, including, without limitation,the Americans with Disabilities Act of 1990(collectively,the"Building Laws"). Prior to Lessee's occupancy, Lessor shall obtain certificates as may be required or customary evidencing compliance with all building codes and permits and approval of full occupancy of the Leased Premises and of all installations therein. Lessor shall cause the Leased Premises to be continuously in compliance with all Building Laws (as they may be amended from time to time). SECTION 19. Entire Agreement. This Lease shall constitute the entire agreement of the Lessor and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to the Leased Premises. SECTION 20. 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. 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 similar act. SECTION 21. Choice of Law and 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. City of Fort Worth Lease Page 7 SECTION 22. Brokerage. The parties represent and warrant that neither has dealt with any broker, agent or other person in connection with this leasing transaction and that no broker,agent or other person brought about this leasing transaction. In no event shall Lessee be responsible for any fees charged by any broker, agent or other person. SECTION 23. Charitable Immunity. Lessor agrees that if it is a charitable organization, corporations, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or other applicable law, that Lessor hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against Lessee. SECTION 24. Eminent Domain. If any part of the Leased Premises is taken by eminent domain, Lessee may either terminate this Lease or continue the Lease in effect. If Tenant elects to continue the Lease, rent will be reduced in proportion to the area of the Leased Premises taken by eminent domain, and Lessor shall repair any damage to the Leased Premises resulting from the taking. Sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee shall be the property of Lessor, except for those sums awarded with respect to claims of Lessee against the condemning authority for moving costs and unamortized cost of leasehold improvements paid for by Lessee. If this Lease is terminated under this Section 23,Lessor shall refund to Lessee any prepaid unaccrued rent less any sum then owing by Lessee to Lessor. SECTION 25. Invalidity of Particular Provisions. If any provision of this Lease is or becomes illegal or unenforceable because of present or future laws or any rule or regulation of any governmental entity, the remaining parts of this Lease will not be affected. SECTION 26. Audit. Both parties recognize that there is no money to be exchanged under this Lease, however the Lessor agrees that Lessee will have the right to audit the financial and business records of the Lessor that relate to this Lease(collectively"Records")at any time during the Term of this Lease and for three (3) years thereafter in order to determine compliance with this Lease. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Lease. SECTION 27. No Waiver of Sovereign Immunity. Nothing in this Lease shall be deemed or construed to waive either party's sovereign immunity. SECTION 28. Counterparts. This Lease may be executed in one or more counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together constitute one and the same instrument and agreement. SECTION 29. Effectiveness. This Lease shall be binding upon the Lessee only when signed by its Assistant City Manager and shall be of no force and effect until so executed. SECTION 30. Police Protection, Lessor agrees and understands that Lessee in no way promises to provide increased Police protection or more rapid emergency response time because of this Lease. No City of Fort Worth Lease Page 8 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 persons or businesses. [Signature Page Follows] l� I I i City of Fort Worth Lease Page 9 EXECUTED this day of , 2022. LESSOR: Alliance for Children, Inc., LESSEE: City of Fort Worth, a domestic 501-3C corporation a Texas municipal corporation j ' '`Fea LG 4D4L By. By: Dana Burgh doff(Apr 19,20221:3 LL i Dana Burghdoff Name: Elaina Blount Assistant City Manager Title: Chief Financial Officer CONTRACT COMPLIANCE MANAGER 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. By: L,Shanda Dock—(Apr19,202212:23 CDT) Lashanda Dockery Senior Planner APPROVED AS TO FORM AND LEGALITY: Cello ;-- Thomas R. Hansen Assistant City Attorney ��Fo�OR 0l0 ATTEST: Tgrrrrette S. Gaa�%ll E.o oO��d o= Jannette S.Goodall(Apr 19,202215:05 CDT) o o d 0 0 0 o p� Jannette S. Goodall ��4 ° c �` City Secretary ��4 0000000 5 � Form 1295: 2022-847405 Contract Authorization: M& C Number: 22-0277 Date: 4/12/2022 I OFFICIAL RECORD CITY SECRETARY City of Fort Worth Lease Page 10 FT.WORTH,TX Exhibit A p of Area LOCATION A. Goo le f=ar th City of Fort Worth Lease Page I I Exhibit"B" Floor Plan of Premises ■ �� �II�® Tc City of I _ � 1 � 1 � I r— EIECn.T Q YANTRM - 190 191 RA RECORD 8 ICAC �� �(�j7• SUPPlHiS 192 SUSPE CT R.it' �-�-� 0 I t868 T ` B IM 1 SPJNTfW CORRNI 195 DISTRICT iffi Iffi YONRORING ADYIN ATTORNEY 191 19S 201 18S SERGEANTS SD.WT RY 199 Iffi FYNO � 198 0 M1 SP.INT RY t87 UE UlEHN1T 1� SERGENITS �./ 19T �`•/ FWPD I85 t97 8 cOUNGF UIIG f66 GROUP � OFFICE COUNSELING POd 165� tS6 Iffi - --�� COUNSELILINO GROUP � IIr OFFICE CGUNSEUNG Fort Worth / Page 12 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTH Create New From This M&C DATE: 4/12/2022 REFERENCE **M&C 22- LOG NAME: 21ALLIANCE FOR CHILDREN NO.: 0277 LEASE FOR FWPD CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3) Authorize the Execution of a Lease Agreement with Alliance For Children, Inc. for Approximately 4,403 Square Feet of Office Space at 3609 Marquita Drive, Fort Worth, Texas 76116 to be Used by The Fort Worth Police Department Crimes Against Children Unit at a Rental Rate of$2,500.00 Per Month RECOMMENDATION: It is recommended that the City Council authorize the execution a lease agreement with Alliance For Children, Inc. for approximately 4,403 Square Feet of office space at 3609 Marquita Drive, Fort Worth, Texas 76116 to be used by the Fort Worth Police Department Crimes Against Children Unit at a rental rate of$2,500.00 per month. DISCUSSION: On January 23, 2014, City Council approved the execution of a lease agreement (Previous Lease) between the City of Fort Worth (City) and Alliance For Children, Incorporated (AFCI) for approximately 5,036 square feet of office space located at 908 Southland Avenue, Fort Worth, Texas 76104 (Building) to be used by the Fort Worth Police Department (FWPD) Crimes Against Children Unit. On April 19, 2019, the Previous Lease was amended to extend the term and allowed for the Previous Lease to turn into a sub-lease in the event that AFCI sold the Building to a new owner while also allowing, upon both party's required approval, the ability to enter into a new lease agreement in the event of a change of location of the leased premises in the event AFCI purchased a new property. AFCI sold the Building to Cook Children's Health Care System (Cook) and AFCI continued operations in the Building under a lease agreement with Cook and the Previous Lease with AFCI was converted into a sub-lease. In late 2021, AFCI purchased a new property located at 3609 Marquita Drive, Fort Worth, Texas 76116 (New Building) and terminated their lease with Cook which also terminated the Previous Lease between AFCI and City with a termination date of November 30, 2021. Beginning in October of 2021, FWPD began the process of moving into the New Building. As of today, ACFI and the City have been operating as if the parties were in a holdover status under the Previous Lease and both parties acknowledge that all required rents and obligations are current and that no money is owed for any prior months up to today. The City and AFCI now desire to execute a new lease agreement for approximately 4,403 square feet of office space (Leased Premises) at the New Building to be used by FWPD with the following terms: Lease Term: The Initial Term will reflect a commencement date beginning on October 1, 2021 and expiring on September 30, 2022. The new lease will also provide for four (4) successive one (1) year automatic renewals to expire September 30, 2026. Base rent: $2,500.00 per month for the Initial and any Renewal Terms. AFCI shall cover all utility, telephone and maintenance expenses of the Leased Premises. Funding is budgeted in the Other Contractual Services account of the CCPD Alliance for Children Department's Crime Control & Prevention Dist Fund. The available balance for Fiscal Year 2022 is $72,093.14. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Crime Control & Prev Dist Fund to support the approval of the above recommendation and execution of the lease agreement. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for CityManager's Office by Dana Burghdoff (8018) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Mark Brown (5197) ATTACHMENTS 1295 AFC FWPD CACU 2022.pdf (CFW Internal) 21ALLIANCE FOR CHILDREN LEASE FOR FWPD funds availabilitypdf (CFW Internal) FID Table for M and C AFC lease.pdf (CFW Internal) M AND C MAP ALLIANCE FOR CHILDREN.pdf (Public)