HomeMy WebLinkAboutContract 25838 CITY SECRETARY
LEASE AGREEMENT CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the /-�t/day of
2000, the effective date hereof, at Fort Worth, Texas by and between the Fort
Worth Hou ' g Authority (Lessor), and the City of Fort Worth, a municipal corporation, acting by
and through its duly authorized representative (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.
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 of approximately 100 square feet, located at 1607 Chambers, Fort Worth, Texas
76102.
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.
SECTION 2. Use of premises. The leased premises shall be used as office space for the Fort Worth
Police Department, including off-duty police officers.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on March 1,
2000, and terminating on February 28, 2001, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. Lessee shall pay Lessor annual rent of$0.00
per month. 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 automatically renewed for successive terms of 12 months each for up to a
maximum of two successive terms, subject to the termination provisions of this lease. The terms of
this Lease shall continue to govern and control the relationship of the parties during any renewal
periods.
SECTION 4. Taxes, Insurance, Utilities, Care of the of t le Leased Premises. Lessor agrees to be
responsible for the payment of all natural gas, electricity, telephone, water and any other utility
charges that come due and payable during the term Lessee occupies the Leased Premises. Lessor
agrees to pay all taxes and insurance as they come due. Lessor shall keep the Leased Premises in
good, clean and habitable condition, normal wear and tear excepted.
Lessor shall maintain in good repair the roof, foundation, exterior walls, heating air conditioning,
electrical, plumbing, and interior painting or other treatment of interior walls of the Leased Premises.
Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation,
exterior walls, heating, air conditioning, electrical, and plumbing of the Leased Premises. if any
1,
City of Fort Worth Lease Page 1
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 1607 Chambers, Fort
Worth, Tarrant County, Texas. 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.
SECTION 6. 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 sublease 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 shall likewise
release, indemnify, hold harmless and defend Lessee from and against any and all claims or suits
related in any way to any damage to, or defects in, the Leased Premises or any other adverse
consequences related to the Leased Premises, regardless of whether the act of 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 and Right of Inspection. Lessor and Lessee shall have the right to
terminate this Lease at any time for any reason unrelated to Lessee's or Lessor's default or breach of
any of the terms expressed herein by giving Lessee or Lessor 30 days' written notice prior to the
intended termination date. The notice shall be deemed effective when deposited by Lessor in United
States mail postage prepaid, certified mail, return receipt requested, addressed to Lessee.
If Lessee elects to terminate the Lease because of any alleged default or breach by Lessor of
any Lease provisions, Lessee shall be required to give Lessor immediate notice in writing of that
intention stating specifically the reasons therefor and allowing Lessor seven calendar days after the
date of Lessor's receipt of the notice to cure any or all defaults(s) or breach (es) specified in the
notice. If the specified defaults or breach (es) of Lessor are not cured to the satisfaction of Lessee's
Administrator of Real Property Management, the Lease will be terminated.
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 fiirther obligation or liability to the other under
this Lease, except that Lessor and Lessee shall be liable for the breach of terns covenant or condition
contained in this Lease occurring prior to the date of the surrender of the Leased Premises by Lessee
pursuant to the termination. Lessor and Lessee shall be bound by the terms, covenants and conditions
Cite of Foil Worth Lease Page 2
GLV
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of
surrender coincides with the date of termination of the Lease.
Lessor reserves the right to enter upon the 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.
SECTION 9. Funding, Non-Appropriation and Termination. 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.
SECTION 10. 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 any damage to the Leased
Premises caused by the removal of furniture and equipment.
SECTION 11. Governmental Regulations- Lessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
of the Leased Premises. Provided, however, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"), 42
U.S.C. § 12101 et sea., shall fully indemnify and hold harmless Lessee from and against any and all
claims, losses, damages, suits, and liability of every kind, including all expenses of litigation, arising
out of or in connection with the Leased Premises' compliance, or lack of compliance, with ADA, and
(ii) shall make all improvements necessary to correct and/ or abate all environmental hazards of the
Leased Premises.
SECTION 12. Acceptance of Leased Premises . Lessee represents that it takes the Leased
Premises in good condition and that the Leased Premises are suitable for the purposes for which they
are being leased.
SECTION 13. 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 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 14. 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
special relationship shall exist between Lessor or Lessee other than that of landlord and tenant.
City of Fort Worth Lease Page 3 �9UI� Nat 'l��NJ
Lessee shall provide no greater police protection to Lessor than is provided to all other residents and
businesses of the City of Fort Worth.
SECTION 15. Notices.
All notices to Lessor shall be sent to:
Fort Worth Housing Authority
1201 E. 13`h Street
Fort Worth, TX 76102
All notices to Lessee shall be sent to:
Fort Worth Police Department
Administrator, Fiscal and Equipment Management
350 West Belknap Street
Fort Worth, Texas 76102
As well as to:
Administrator, Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
Mailing of all notices under the Lease shall be deemed sufficient if mailed postage prepaid
and addressed as specified change in the other party's address. All time periods related to any notice
requirements specified in the Lease shall commence upon the terms specified in the section requiring
the notice.
SECTION 16. 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 17. 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 or any other covenant, term or condition of the Lease. 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 act.
SECTION 18. 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 4 i �1 CO � �0 El DD
rmv, �,E'(L pU
EV tM-,r,qu sarry
SIGNET)this—2, day of , 2000.
LESSOR: FORT WORTH HOUSING LESSE : CITY OF FORT WORTH
AUTHORITY
B :
By:_ - - L y Wat Assistant City Manager
Barbara Holston, Executive Director
AT T:
ti(y Secretary
Date: �, '/ - a v
APPROVED AS TO
FORM AND LEGALITY:
City Attrney, or His Designee U
M&C No:_ ,L-- , v
Contract No:
City of Fort Worth Lease Page 5
ACKNOWLEDGMENT
THE STATE OF TEXAS }
COUNTY OF TARRANT }
This instrument was acknowledged before me on 1'6ali 10-jrY)L-) by Barbara
Holston, Executive Director of the Fort Worth Housing Authority.
s EVA C.KEY
MY COMMISSION EXPIRES
August 12 2001
O�
Notary Public, State f Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS }
COUNTY OF TARRANT }
This instrument was acknowledged before me on /I1-& ,;tD00 by
Libby Watson , Assistant City Manager for the City of Fort Worth.
ROSELLA BARNES
* * NOTARY PUBLIC
State of Texas Notary Public, State of Texas
ti.... .. Comm. Exp. 03-31-2001
City of Fort Worth Lease Page 6 CNN NIu P��ky
Fyo wu FIT CH IF(F OU
City of Fort Worth, Texas
"agor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/2/00 **L-12784 I 35CHAMBERS 1 of 1
SUBJECT AUTHORIZE A LEASE AGREEMENT WITH THE FORT WORTH HOUSING
AUTHORITY FOR OFFICE SPACE AT 1607 CHAMBERS FOR THE POLICE
DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with the Fort Worth Housing Authority for
office space located at 1607 Chambers at no cost; and
2. Approve the lease term of one year starting May 2, 2000, and expiring May 1, 2001, with two
options to renew for one year each.
DISCUSSION:
At the request of the Police Department, Real Property Management negotiated a lease agreement with
the Fort Worth Housing Authority for office space to be used by neighborhood patrol officers.
The lease term is for one year, with two one-year options to renew. The City will pay no rent. The
telephone service and all utilities are to be paid by the landlord. The Police Department has occupied
this space since 1995.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
LW:j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 AWVF.,Q
CITY COUNC�.
Originating Department Head:
Ralph Mendoza 4-8386 (from) MAY 2 2000
Additional Information Contact:'
Ralph Mendoza 4-8386
cum 1!00 14"s