HomeMy WebLinkAboutContract 47384 CI TY SECRETAW
CONTRACT W
LEASE AGREEMENT
This Lease "Lease"
Agreement `
g ("Lease") is made and entered into this, the day of
("Effective Date"), by and between the Fort Worth Housing Authority
("Lessor"), and the City of Fort Worth, a Texas municipal corporation, acting by and
through its duly authorized Assistant City Manager,Jesus J. Chapa ("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 and Lessee leases from
Lessor office space of approximately 100 square feet, located at 5004 Ave G. Fort
Worth, Texas. 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 City of Fort Worth Police Department,
SECTION 3, Term.
(a) This Lease shall be for a period of 24 months commencing on November 1,
2015 and terminating on October 31, 2017, ("Initial Term"), unless a
prior termination is effected by either Lessor or'Lessee under the
termination provisions of this Lease.
(b) This Lease shall automatically renew for up to two (2) successive terms of twelve
(12) months each, up to a maximum of two successive renewal terms, unless
either party notifies the other party of its intent to terminate the Lease on or
before 30 days prior to the expiration of the Lease or any extension. 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 rent in the amount of $1.00 annually,
during the Initial Term and all renewal and holdover terms. All rental payments shall be
payable to Lessor at the location of notice set forth in Section 16 of this Lease.
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,
Additionally, Lessor agrees to pay 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
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, damage caused thereby or resulting
therefrom, and Lessor shall commence repair of such defects or disrepairs within
three (3) days of the notice by Lessee to Lessor. If repairs are not commenced
within three (3) days after notification to Lessor, Lessee reserves the right to make
repairs and bill Lessor for such 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.
(b) Lessor shall maintain, at Lessor's expense, a preventative maintenance program
providing for the regular inspection and maintenance of the HVAC. 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 florescent lamps and incandescent bulbs and landscaping.
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(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 devise in or about the Leased Premises; and Lessee, in any event,
shall have no liability hereunder for any theft, burglary, or other breach of the
Leased Premise 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. Lessor shall have no
responsibility for the security of any personal property of Lessee held, maintained
or kept in or on the Leased Premises.
(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 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 basically a self-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.
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
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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 COMPLIANED OF RESULTS FROM THE ALLEGED
NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY
THIRD PARTY.
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, place card 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.Fundina 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 therefore
by Lessee, or, at Lessee's option, such costs may be applied as a credit to
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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.
(d) 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.
SECTION 11.Damage or Destruction.
(a) Notice, 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.
(b) Partial Damage. If the building or any other improvement on the Leased
Premises should be partially damaged by fire, tornado, or other casualty to
such an extent that rebuilding or repairs can reasonably be completed within
one hundred twenty (12) days after the date Lessor received written notice by
Lessee of the occurrence of the damage, as Lessor shall determine within
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thirty (30) days after the receipt of such written notice, Lessor shall proceed
forthwith to rebuild or repair such building or other improvements on the
Leased Premises (other than leasehold improvements made by Lessee or
any assignee, subtenant, or other occupant of the Leased Premises) to
substantially the condition in which it existed prior to such damage.
(c) Total Damage. If the building situated on the Leased Premises should be
substantially or totally destroyed by fire, tornado, or other casualty, or so
damaged that rebuilding or repairs cannot reasonable be completed, as
determined by Lessor, within one hundred twenty (120) days after the date
Lessor receives written notification by Lessee of the happening of the
damage, this Lease shall terminate, at the option of Lessor or Lessee, upon
written notice given by one to the other within ten (10) days after the date of
Lessor's said determination; and rent shall be abated for the unexpired
portion of this Lease.
(d) Temporary Reduction of Rent. Rent, utility charges, and any other costs to be
paid by Tenant under this Lease shall abate proportionally during any period
and to the extent that a fire or other casualty or incident renders the Leased
Premises unfit for use by Lessee in the ordinary conduct of its business.
SECTION 12. Right of Inspgotion.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
that portion of 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 Leargi 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 expected. Lessee also shall surrender all
keys for the Leased Premises to Lessor at the place then fixed for the payment for
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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, Additionally, if Lessee
modifies the Premises with alterations, additions, or improvements made by Lessee,
Lessor, upon the termination of the 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 teased 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 of this Lease, Lessor agrees to commence repair
promptly any such defects of which Lessee delivers written notice to Lessor within ten
(10) days after notification to Lessor, notwithstanding anything in Section 6 (A) 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 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:
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All notices to Lessor shall be sent to:
QuadCo Management Solutions, LLC
6815 Manhattan Blvd., Suite 300
Fort Worth, TX 76120
As well as to:
Brian Dennison
Fort Worth Housing Authority
300 S. Beach Street
Fort Worth, Texas 76105
All notices to Lessee shall be sent to
Fort Worth Police Department
Fiscal and Equipment Management
350 W. Belknap
Fort Worth, TX 76102
As well as to:
City of Fort Worth
Real Property Services
900 Monroe, #404
Fort Worth, TX 76102
As well as to:
City of Fort Worth
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 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.
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 liens) now or
hereafter affecting the Leased Premises, and to renewals, modifications, refinancing and
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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
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 Lease 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 reasonable
satisfactory to Lessor, Lessee and the Mortgagee. The SNDA, among other things, shall
provide that in the event a Mortgagee forecloses on the Lease Premises or otherwise
enforces its right to divest Lessor of its fee simple interest in the Lease 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 with 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 Lease 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).
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SECTION 19, Intentionally Deleted.
SECTION 20. 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 21. Waivers. One or more waivers of any covenant, term, or condition of the
Lease 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 22. 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.
SECTION 23. Brokerage. The parties represent and warrant that neither has dealt with
any broker, agent or other person in connection with this leasing transaction. In no
event shall Lessee be responsible for any fees charged by any broker, agent or other
person.
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 24, Lessor
shall refund to Lessee any prepaid un-accrued rent less any sum
then owing by Lessee to Lessor.
SECTION 2Q. Entire Agteemen . 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.
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SECTION 21. Waivers. One or more waivers of any covenant, term, or condition of the
Lease 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 22. Choice of Law and Yenue. 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.
SECTION 23. Brokerage. The parties represent and warrant that neither has dealt with
any broker, agent or other person in connection with this leasing transaction. In no
event shall Lessee be responsible for any fees charged by any broker, agent or other
person.
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 24, Lessor
shall refund to Lessee any prepaid un-accrued rent less any sum
then owing by Lessee to Lessor.
SECTION 25. Invalidity of 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.
SECTON 26. 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. Lessee shall provide no greater police
protection to Lessor than is provided to all other persons or businesses.
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�..
SIGNED this .� � � .._.::day of 2015,
LESSOR: LESSEE:
FORT WORTH HOUSING AUTHORITY CITY OF FORT WORTH
Ile
By: —
Jesus J. Chapa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
f
k�
ATTEST:
City S r ary'
M & C Number: sc 3
Date:
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WC Review Page 1 of 2
CITY COUNCIL, AGENDA
COUNCIL ACTION: Approved on 12/1/2015
DATE: 12/1/2015 REFERENCE NO.: L-15837 LOG NAME: 215004AVENUEG
CODE: L TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Lease Agreement with the Fort Worth Housing Authority in the Amount of$1.00
Per Year for Office Space Located at 5004 Avenue G, Cavile Place Apartments for the
Police Department (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Lease Agreement with the Fort Worth Housing Authority at a cost of
$1.00 per year for office space located at 5004 Avenue G, Cavile Place Apartments; and
2. Authorize the lease term to begin on November 1, 2015 and end on October 31, 2017, with two
consecutive one-year renewal options.
DISCUSSION:
The Property Management Department, at the request of the Police Department, has negotiated a
Lease Agreement with the Fort Worth Housing Authority for office space to be used by neighborhood
police officers.
The lease term is for two years, with two 12-month options to renew. There is a rental charge of$1.00
per year for the space. The landlord is responsible for all utility payments, including telephone
services. The Police Department previously occupied this space from 1995 to April 2014.
RENEWAL OPTIONS - This Agreement may be renewed for up to two 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 obligations during the renewal terms.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Crime Control and Prevention District Fund.
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)
26001 0359501 5330201 2016 $1.00
Submitted for City Manager's Office by: Jay Chapa (5804)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=21701&councildate=12/l/2015 12/22/2015
M&C Review Page 2 of 2
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Mark Brown (5197)
Jean Petr (8367)
ATTACHMENTS
MC_5004AVEG (2).pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21701&councildate=12/1/2015 12/22/2015