HomeMy WebLinkAboutContract 26432 LEASE AGREEMENT
CITY SECRETARY !/
STATE OF TEXAS § CONTRACT NO.
COUNTY OF TARRANT §
This lease agreement (this "Lease") is made and entered into this, the Z3 day of
Q C TO /3 F(L 2000, the effective date hereof, at Fort Worth, Texas by and between
Oakwind, Ltd., a Texas limited partnership ("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 1,000 square feet, located at 6857A Green Oaks Road, Fort
Worth, Texas 76116 (the "Shopping Center").
The Office Space, together with any and all strictures, 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 only 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 term of one (1) year commencing on the
earliest to occur of (i) the date Lessee commences business operations from any part of the Leased
Premises, or (ii) fourteen (14) days following that date upon which Lessor delivers the Leased
Premises to Lessee with Lessor's work (as hereinafter defined) substantially completed in accordance
with the terms and provisions of Exhibit "B" attached hereto (tile "Commencement Date"); and
terminating on the last day of the twelfth (12`x') full calendar month following the Commencement
Date. Lessee shall pay Lessor annual rent of $6,000.00, payable in equal monthly installments of
$500.00. The rental payment shall be made to Lessor on the first day of the term of this Lease and on
the first day of each successive calendar month during the term of the Lease. Rent for any partial
calendar months shall be prorated on a per diem basis.
This Lease may be renewed for successive terms of 12 months each for up to a maximum of
two successive terms, subject to provisions of Section 19 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 the Leased Premises. Lessor agrees to be
responsible for the payment of all water charges that come due. Lessee shall be responsible for
electrical, telephone, natural gas and/or other utility charges that come due and payable during the
term of this Lease. Lessor agrees to pay all ad valorem taxes, insurance and common area charges as
they come due. Lessee shall keep the Leased Premises in good, clean and habitable condition, normal
01Y of l-aY 11'orlh Lease Page 1
wear and tear excepted. In addition, Lessee shall take good care of the Leased Premises and keep the
same free from waste at all times, and Lessee shall neither deface nor injure the Leased Premises.
Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air
conditioning, electrical and plumbing of the Leased Premises. Lessee agrees to give Lessor written
notice of defects or need for repairs in the roof, foundation or exterior walls of the Leased Premises.
Written notice shall be by Certified Mail to owner's leasing agent of record. If any repairs required to
be made by Lessor are not commenced or made within thirty (30) calendar days (except in case of
emergency(ies), in which case Lessee may make such repairs and provide notice to Lessor promptly
thereafter) after written notice is delivered to Lessor by Lessee, then, so long as Lessor has not
commenced to cure such defect or repair (or, if Lessor has commenced, Lessor is not diligently
pursuing such cure to completion), Lessee may at its option make such repairs, but Lessee shall not be
permitted to offset any expenses incurred by Lessee in making such repairs. If Lessor has not
commenced any properly noticed need for repairs or defects, Lessee may immediately terminate the
Lease without penalty.
Except for Lessor's maintenance responsibilities as specifically set forth in this Lease, Lessee
shall at its cost keep and maintain in good order and condition and repair the Leased Premises
including but not limited to plate glass, doors, and the clearing of blocked plumbing lines
SECTION 5. Insurance. Lessor agrees to insure the structure and common areas of the Shopping
Center. 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 upon Lessee's request.
Lessee assumes no liability or financial obligation for the acquisition or maintenance of such
insurance; all costs incurred with such insurance shall be borne solely by the Lessor.
The City of Fort Worth 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 the
City of Fort Worth would ultimately be found liable would be paid directly by the City and not by a
commercial insurance company.
SECTION G. Liability and Hold Harmless. To the extent permitted by law Lessor and Lessee
covenant and agree to release, indemnify, hold harmless and defend each other and their respective
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 and/or Shopping Center,
regardless of whether the act or omission complained of results from the alleged negligence or any
other act or omission of Lessor or Lessee or the concurrent negligence of Lessor or Lessee; however,
that one party shall not be required to indemnify the other party for the sole negligence of such other
party, or its respective officers, agents, servants and employees.
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
Citv of Fort lVorth Lease Page 2
that the rent for the first option period shall be $575.00 per month and for the second option period shall be
$650.00 per month.
SECTION 22. Lessee's Si2na2e. Lessor and Lessee hereby acknowledge and agree that Lessee shall be
responsible, at its sole cost and expense, for the installation and maintenance (i.e., in good condition and in
proper operating order at all times) of Lessee's signage above the storefront or on the windows or door of the
Leased Premises, which signage shall be approved by Lessor as to construction, method of attachment, size,
shape, height, lighting, color, location and general appearance, provided, however, that Landlord shall not
unreasonably withhold its consent to any such signage.
SECTION 23. Miscellaneous.
(a) The captions used herein are for convenience only and do not limit or amplify the
provisions hereof. Whenever herein the singular number is used, the same shall
include the plural, and words or any gender shall include each other gender.
(b) The terms, provisions and covenants contained in this Lease shall apply to, inure to the
benefit of and be binding upon the parties hereto and their respective heirs, successors
in interest and legal representatives except as otherwise herein expressly provided.
(c) This Lease contains the entire agreement between the parties, and no rights are created
in favor of either party other than as specified or expressly contemplated in this Lease.
In addition, no agreement shall be effective to change, modify or terminate this Lease
in whole or in part unless such is in writing and duly signed by the party against whom
enforcement of such change, modification or termination is sought.
(d) If title to all of any part of the Leased Premises or any part of the shopping center is
taken by a public or quasi-public authority under any statue or right of eminent domain
of any governmental body, Lessee shall not be entitled to participate or receive any
part of the damages or awards except for any moving expenses that may by
specifically and separately awarded to Lessee.
(e) Lessee shall not cause or permit any hazardous materials to be brought, kept or used in
or about the Leased Premises.
(f) This Lease is and shall always be subordinate to any mortgage or deed of trust secured
by the shopping center or Leased Premises now existing or secured by the Leased
Premises in the future.
(g) If rent is not received by Lessor by the 10`x' day of each month, Lessee shall promptly
pay to Landlord in addition to all other amounts owned by Lessee a sum equal to ten
(10%) of the unpaid rentals.
City(?f Fort !forth Lease Pagc 7
(h) Tenant shall promptly pay any taxes assessed on Lessee's leasehold interest or
personal property.
(i) Within 30 days of the execution of this Lease Lessee shall pay to Lessor $500 for the
first months rent plus $5,500.00 for the work and supervision thereof to be completed
by Lessor as shown on Exhibit "B". All other improvements are to be made by Lessee
at Lessee's cost.
SIGNED this - —day of 0 C--U A T A- , 2000.
LESSOR: LESSEE:
OAKWIND, LTD., a Texas THE CIT F FORT WORTH
limited partnership
By: 7,R B
( IT
Ron franco 0.6
1J AI-A-C" PSG,, C F p- P*7?TA-� Name: Libby Watson
Title: Assistant City Manager
City Secreta
Date: d-6-a
APPROVED AS TO
FORM AND LEGALITY:
City AttortWy, or His Designee
M&C No: 4- `c2 W-DU
Contract No:
ON of Fort Worth Lease Page 8
S7� Cl G,� c.lFG�i"�1�
\-.OS" G j
COUNTY OF XX&X,4&-
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Ron Franco, known to me to be the same person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same was the act of Ron Franco, in his
capacity as President of Oakwind, Ltd., a Texas limited partnership, and that he executed the same as
the act of said limited partnership for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2000.
laumnTEPHEN H. LAWHORN
mission
COMMISSION 1188460 0NOTARY PUBLIC CALIFORNIA Notary Public i and for the State of Te�c�s--
LOS ANGELES COUNTY C-X Expires Juy 16,2002
STATE OF TEXAS §
ti
COUNTY OF TEXAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Libby Watson, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Libby
Watson, Assistant City Manager for the City of Fort Worth and that she executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
, 2000.
VN; ROSELLA BARNES
NOTARY PUBLIC
�1j*"' State of Texas Nota Public in and for the State of Texas
' Comm. Exp. 03-31-2001 Notary
City(?f Fort [tort 7 Lease 9
"EXHIBIT A"
POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD
Legal Description
Lot: 2R
Block: 5
Addition: Ridgmar Mall Addition
As Recorded in: Volume 13260, Page 436, filed June 8, 1998
"EXHIBIT B"
POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD
LEASE SITE CHANGES REQUIRED
Lessor or his representatives will perform the following work prior to the delivery of the Lease
Premises to the Lessee.
Lessee will pay a non-recurring payment in the amount of $5,500.00 to Lessor or his
representatives 30 days after the date that Lessor delivers the Leased Premises to Lessee.
• Wall next to sink needs to move at least 1 foot.
• Door next to toilet needs to be removed, solid wall.
• Lower sink by 2 inches (34"A.F.F.) —Lever Handles
• Insulate hot water line and drain.
• Wall behind toilet and sink need to move at lease 1 foot back.
• Toilet and sink need to move back to new wall.
• A 42 inch rail needs to be installed on wall beside toilet. (36 inches from floor and 1 foot from
back wall).
• A 36 inch rail needs to be installed behind toilet. (36 inches from floor and 6 inches from
wall).
• FRS board (Fiber Glass Plastic) needs to be installed on all walls in bathroom. Must be 4
feet from floor, better to install floor to ceiling.
• Opening from main room to small room. (4 feet by 8 feet).
• Install thick toilet seat to make 18" high.
• Toilet paper dispenser at 19"to centerline A.F.F.
• Paper towel dispenser located at 42"A.F.F.
• Remove floor drain/modify plumbing
• Mirror bottom + 38"A.F.F. /top 74"A.F.F.
• Install Accessible Restroom sign w/ braille
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City of Fort Worth, Texas
4volsor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/21/00 **L-12950 350AKWIND 1 of 1
SUBJECT AUTHORIZE A LEASE AGREEMENT WITH OAKWIND, LTD. FOR OFFICE SPACE AT
6857-A GREEN OAKS ROAD FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Oakwind, Ltd. for office space
located at 6857-A Green Oaks Road at a cost of$6,000 per year for one year; and
2. Approve the lease term of one year commencing the date the City opens for business in the lease
space, and expiring the last day of the twelfth full calendar month following the commencement
date, with two options to renew for one year each at monthly rental amounts of $575 and $650,
respectively.
DISCUSSION:
The Engineering Department, Real Property Management Division, at the request of the Police
Department, negotiated a lease agreement with Oakwood, Ltd. for approximately 1,000 square feet of
office space to be used as a police store front by neighborhood patrol officers and Citizens on Patrol
members.
Under the terms of the lease, the City will be responsible for paying the costs of renovating the facility.
The Lessor will perform the renovations prior to the delivery of the premises to the City. The City will
pay a non-recurring payment in the amount of$5,500 to the Lessor upon completion of the renovations.
The lease term will be for one year, with two one-year options to renew. Rent will be $500 per month
for the first year. The Lessor will pay for water charges. The City will be responsible for paying all other
utility costs and telephone service.
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.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 APPROVED
CITY COUNCIL
Originating Department Head:
Ralph Mendoza 48386 (from) NOV 21 2000
GR79 539120 0354700 $6,000.00 y�,)
Additional Information Contact: GR79 536010 0354700 $5,500.000 ,us.�
City Secretary of the
Ralph Mendoza 48386 City of Fort Worth,Texas