HomeMy WebLinkAboutContract 26477 CITY SECRETARY
��// T7CONTRACT NO.
LEASE AGREEMENT
STATE OF TEXAS §
CITY SECRETARY §
SECTION 1.
This lease agreement is made and entered into at Fort Worth, Texas, by and between the
City of Fort Worth, hereinafter referred to as "Lessor", and Douglas C. Clester, Sr. & Sondra G.
Clester hereinafter referred to as "Lessee".
SECTION 2.
For and in consideration of the rental payments to be paid hereunder and the further
agreements of the parties expressed herein, Lessor does hereby lease, let and demise the property
described as follows: 740 Harmon Road.
A 6.11 acre tract of land situated in the E. Hopkins Survey, Abstract No. 646, Tarrant County,
Texas, as recorded in Volume 8665, Page 2127 of Deed Records of Tarrant County, Texas and
the improvements located thereon, commonly known as 740 Harmon Road, Fort Worth, Texas
76117, and more specially described in Exhibit "A", attached hereto and incorporated herein.
The property described together with any and all structures, improvements, fixtures and
appurtenances on, over and under said property shall be referred to herein as the "Leased
Premises".
SECTION 3.
This lease shall be for a period of one (1) year commencing January 1, 2001 , and
terminating on December 31, 2001, unless a prior termination is effected by either party hereto
pursuant to the termination provisions expressed herein. This lease may be renewed for a
maximum of two (2) successive periods of one (1) year each, provided that Lessee provides
Lessor with written notice of its intent to renew on or before sixty (60) days prior to the
expiration of the term of the lease or any successive renewal thereof. The specified written
notice shall be effective upon receipt by Lessor. The terms set forth herein shall govern and
control the relationship of the parties hereto during any renewal period, except the rental amount
which may be adjusted to fair market value. Lessor reserves the right to terminate the lease at
the end of the term of any successive renewal thereof regardless of Lessee's intent to renew.
SECTION 4.
As consideration for this lease, Lessee agrees to pay monthly rental payments to Lessor
in the sum of Eight Hundred Fifty Dollars ($850.00) said rent payable monthly in advance on the
first day of each month. Payments must be received during normal working hours by the due
date. Rent shall be considered past due if Lessor has not received full payment after the tenth
(10th) day of the month for which payment is due. Lessor will assess a late penalty charge of ten
percent (10%) per month on top of the entire month's rent for each month for which rent is past
due.
SECTION 5.
(a) Lessee has this day deposited with Lessor the additional sum of($425.00) receipt
of which is acknowledged by Lessor, as security for the full and faithful performance by
Lessee of the terms, conditions, and covenants of this lease on Lessee's part to be
performed and kept. This deposit does not constitute advance payment of the final rental
payment due under this lease, unless the express conditions specified in Subsection (I) are
met.
(b) Lessor agrees to hold such deposit for Lessee, and it is understood that Lessee's
claim to such deposit shall be prior to any creditor of Lessor, excluding a trustee in
bankruptcy.
(c) Excluding the final rental payment to be made under this lease, if at any time
during the lease term, Lessee defaults in the payment of rent or any portion of rent
reserved in this lease, or of any other sums expressly constituting rent, other than advance
rental payments, Lessor may appropriate and apply any portion of the security deposit as
may be necessary to the payment of the overdue rent or other sums expressly constituting
rent under this lease.
(d) If at any time during the lease term, Lessee should fail to repair any damage to the
leased premises that Lessee is required to repair under the terms of this lease for a period
greater than thirty (30) days after Lessor serves on Lessee written demand to make such
repair, then Lessor may appropriate and apply any portion of the security deposit as may
be reasonably necessary to make such repairs.
(e) If on termination of this tenancy for any reason, Lessee does not leave the leased
premises in a reasonably clean condition and in good repair, excluding normal wear and
tear, then Lessor may appropriate and apply any portion of the security deposit as may be
reasonably necessary to put the premises in clean condition and good repair. As used in
this lease "normal wear and tear" means deterioration that results from the intended use
of dwelling, and does not include deterioration that results from negligence, carelessness,
accident, or abuse of the premises by Lessee, by a member of Lessee's household, or by a
request of Lessee.
(f) In the event actual cause exists for retaining all or any portion of the security
deposit, Lessor shall return the balance of the security deposit, if any, together with a
written description and itemized list of all deductions. Such deductions shall be limited
to damages and charges for which Lessee is legally liable under this agreement or as a
result of breaching this agreement. Lessor shall not be required to furnish a description
and itemized list of deductions if there are any rentals due and unpaid at the time Lessee
surrenders possession of the premises and there is no controversy over the amount of
rentals due and unpaid.
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(g) Within thirty (30) days Lessee surrenders the premises, any remaining portion of
the security deposit, after any lawful deductions as above, shall be returned to Lessee
directed to the address left by Lessee specifically for such purposes. HOWEVER,
LESSEE SHALL NOT BE ENTITLED TO ANY PORTION OF THIS SECURITY
DEPOSIT AS A REFUND UNLESS LESSEE GIVES LESSOR THIRTY (30)
DAYS NOTICE OF SURRENDERING THE PREMISES.
(h) Should Lessor transfer Lessor's interest under this lease in any manner, Lessor
must do one of the following acts, either of which will relieve Lessor of further liability
with respect to such deposit:
(1) Transfer the portion of such deposit remaining after any lawful
deductions, as above, to the successor in interest, and thereafter notify Lessee by
registered mail of the transfer and the transferee's name and address. On receipt
of Lessee of a statement signed by the successor in interest acknowledging receipt
of and responsibility for the security deposit, Lessor's successor in interest shall
have all of the obligations of Lessor with respect to such deposit.
(2) Return to Lessee the portion of such deposit remaining after any lawful
deductions have been made.
(i) If Lessee has provided notice of surrender of the Leased Premises in accordance
with Subsection (g) herein, and Lessor, in its sole discretion, determines that the leased
premises are in satisfactory condition and have been maintained in good repair, Lessee
may elect to have the balance of the security deposit applied to Lessee's final payment
due under this lease agreement.
SECTION 6.
Lessee shall be responsible for the payment of all utilities. Lessee must pay promptly as
they become due all charges for the furnishing of water, electricity, garbage service, and other
public utilities to the leased premises during the term of this lease.
SECTION 7.
Lessee shall pay promptly all taxes, monthly charges, assessments and/or levies of any
nature or character whatsoever which may be lawfully assessed, taxed, levied or made against
the leasehold estate hereby created and/or any improvements or personal property located on the
Leased Premises.
SECTION 8.
The Leased Premises shall be used solely and exclusively for private residential purposes
for Lessee and their immediate family.
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SECTION 9.
Lessor shall be entitled to institute proceedings to evict Lessee from the premises, at any
time that Lessee is in default under this lease or holds over after the expiration of the lease term
or any successive renewal terms, and Lessee hereby specifically waives any rights it may have to
the following:
1. Notice by Lessor of termination of the tenancy;
2. Any notice to vacate or quit the premises as specified in the Texas Property Code,
Section 24.005 (a); and
3. Any other notices required by law.
SECTION 10.
In the event the Lease is terminated for any reason or Lessee abandons or is evicted from
the premises, Lessor shall not be responsible for any real or personal property of Lessee
remaining on the premises at the time of said eviction, abandonment or termination, and said real
or personal property shall be deemed abandoned by Lessee if it remains on the premises at any
time subsequent to the termination of Lessee's lawful possession of the premises.
SECTION 11.
This lease does not give Lessee any right to use, mine, lease or otherwise derive any
benefit from any oil, gas, coal, gravel, minerals or deposits of any type or nature, and title to all
of said substances shall remain in Lessor. In addition, Lessee shall not have any right or claim to
any damages or other monetary compensation for or related to any surface damage resulting
from mining, drilling or other operations related to the removal of utilization of any such
substances.
SECTION 12.
Lessee shall comply with all applicable laws and regulations prevailing in the jurisdiction
in which the Leased Premises are located, including but not limited to federal, state, local laws
and the City ordinances, rules, regulations and specifications.
SECTION 13.
Lessee shall not commit nor allow any waste to be committed on the Leased Premises,
nor shall Lessee maintain, commit or permit the maintenance or commission of any nuisance on
the Leased Premises nor use the Leased Premises for any unlawful purpose.
SECTION 14.
Lessee agrees that Lessee will maintain the Leased Premises and keep same in good
repair at Lessee's sole cost and expense. All maintenance, repair and upkeep of the Leased
Premises shall be in accordance with all applicable laws including City ordinances, rules,
regulations, and specifications.
SECTION 15.
Lessee hereby represents that Lessee takes the Leased Premises in good condition and the
Leased Premises are suitable for the purposes specified herein. Lessee hereby waives the right to
terminate this lease or sue for damages or pursue any other remedy against Lessor based on any
patent or latent defects in, to or on the premises.
SECTION 16.
Lessee shall not construct any improvements or structures on the premises without the
prior written consent of Lessor, and all improvements constructed on the premises shall be
constructed at Lessee's sole expense. Lessee must maintain and protect all improvements,
structures, fences or appurtenances existing on the Leased Premises. Lessee covenants and
agrees that Lessee shall not be entitled to any reimbursement for the cost or value of said
improvements, structures, fences or appurtenances. In addition, on or before the termination date
of this lease, Lessee shall be responsible for removing any real or personal property owned or
otherwise belonging to Lessee and not deemed to be the property of Lessor. The removal of all
real and personal property of Lessee shall be accomplished solely through Lessee's efforts and in
removing any of Lessee's real or personal property from the Leased Premises subsequent to the
termination of this lease. The Leased Premises shall be deemed to have been abandoned by
Lessee if Lessee does not use and occupy said premises in accordance with the purposes of this
lease term or any successive renewal period. This lease shall be terminated upon the
abandonment of the Leased Premises without notice to Lessee.
SECTION 17.
With respect to conditions that materially affect the physical health or safety of an
ordinary tenant, Lessor must make a diligent effort to repair or remedy the condition if Lessee
specifies the condition in a notice to the Real Property Management office, City of Fort Worth,
927 Taylor Street, Fort Worth, Texas 76102. Lessor is not required to repair or remedy such
condition if Lessee is delinquent in the payment of rent at the time of giving notice of the
condition, other than normal wear and tear, was caused during the lease term by Lessee or
Lessee's family or guest.
SECTION 18.
Lessor and Lessee agree that Lessee will repair or remedy any of the following
conditions that occur during the lease term or a renewal or extension of the term provided
the condition is not caused by the Lessor's negligence, such repairs and remedies to be
made at the Lessee's expense; 1) damage from wastewater stoppages caused by foreign or
improper objects in lines that exclusively serve the Lessee's dwelling; 2) damage to doors,
windows, or screens; and 3) damage from windows or doors left open. This provision
constitutes a waiver of the Lessor's statutory duty to repair or remedy such conditions
under Subchapter B, Chapter 92 of the Texas Property Code. This waiver is made
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knowingly, voluntarily, and for consideration, receipt of which is acknowledged. This
Provision does not relieve the Lessor of the statutory duty under Subchapter B, Chapter
92, of the Texas Property Code to repair or remedy, at the Lessor's expense, wastewater
stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty
construction, or malfunctioning equipment.
SECTION 19.
Lessor must install at least one smoke detector in the Leased Premises in accordance with
Sections 92.255 and 92.257 of the Texas Property Code.
SECTION 20.
LESSEE WAIVES THE RIGHTS AND REMEDIES SET FORTH IN SECTION
92.258 OF THE PROPERTY CODE REGARDING LESSOR'S STATUTORY DUTY TO
INSPECT AND REPAIR THE SMOKE DETECTOR INSTALLED IN THE DWELLING.
Lessee agrees to inspect the smoke detector installed in the premises at the beginning of
Lessee's possession and at regular intervals of three(3)months thereafter to determine that it is
in good working order. Lessee must bear the cost of repairing the smoke detector.
SECTION 21.
Lessee shall not assign or sublet this lease without the prior written approval of Lessor,
and any such unauthorized assignment or sublease shall constitute a breach of this lease.
SECTION 22.
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 thirty (30) days
written notice prior to the intended termination date. Lessor may terminate the lease
immediately upon any default or breach of any of the provisions hereunder without any prior
notice to Lessee. Said notices shall be deemed effective as of the date they are mailed. If Lessee
elects to terminate the lease because of any alleged default or breach by Lessor or any lease
provisions, Lessee shall be required to give Lessor immediate notice of said intention in writing
stating specifically the reasons therefor and allowing Lessor thirty (30) days after the date of
Lessor's receipt of such notice to cure any or all default(s) or breach(es) specified in said notice.
If the specified default(s) or breach(es) of Lessor are cured within said thirty (30) day period,
Lessee shall be deemed to have waived said specified default(s) or breach(es), and this lease
shall continue to be effective unless terminated pursuant to some other provisions specified
herein or by virtue of some subsequent uncured default or breach of Lessor, in which case Lessor
shall be entitled to any additional notice period required by the terms of this lease.
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, except that Lessee shall be liable for the breach of any term, covenant or
condition contained in this lease occurring prior to the date of the surrender of the premises by
Lessee pursuant to the termination. Lessee shall be bound by the terms, covenants and
conditions expressed herein until Lessee surrenders the premises regardless of whether the date
of surrender coincides with the date of termination of the lease. The waiver by Lessor of any
default or breach of a term, covenant or condition of this lease shall not be deemed to be a waiver
of any other breach of that term, covenant or condition or of any other term, covenant or
condition of this lease, regardless of when the breach occurred. Further waiver by Lessor of any
default or breach of a term, covenant or condition of this lease shall in no way impair the right of
the Lessor to avail itself of any remedy for any subsequent breach thereof.
SECTION 23.
Lessor reserves the right to enter upon the Leased Premises at all reasonable times for the
purpose of inspecting the premises or otherwise using the premises, provided that any such entry
does not conflict with Lessee's rights hereunder.
SECTION 24.
Lessee covenants and agrees to release, indemnify hold harmless and defend Lessor,
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 of omission complained of results from the alleged negligence
or any other act or omission of Lessor,Lessee or any third party.
SECTION 25.
It is hereby agreed that Lessee will provide Lessor with a certificate of insurance
documenting liability insurance at a minimum limit of$300,000 each occurrence as respects the
property and premises addressed herein. The effective date of insurance coverage shall be
commensurate with the term of the lease. Lessor shall be endorsed as an additional insured in the
certificate. The insurer of Lessee's liability insurance shall be acceptable to the Lessor insofar as
the company's financial strength and solvency. The policy providing liability insurance shall be
endorsed to provide Lessor with a minimum thirty (30) day notice of cancellation, non-renewal
or material change in coverage. Lessor's insurance requirements may be revised at Lessor's
option, and Lessee shall respond accordingly within thirty (30) days of Lessee's receipt of a
written notice of such requirement. Any failure on part of Lessor to request certification of
insurance required herein shall not be construed as a waiver of such requirement.
SECTION 26.
All notices required hereunder shall be sent to lessor at the following address:
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Real Property Management
City of Fort Worth
927 Taylor
Fort Worth, Texas 76102
All notices of Lessee shall be sent to the following address:
740 Harmon Road
Fort Worth, Texas 76117
Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed
postage prepaid and addressed as specified above, unless either party has been notified in writing
of any change in the other party's address. All time periods related to any notice requirements
specified in this lease shall commence either on the date notice is mailed or on the date notice is
received by the party to whom it is sent, depending on the terms specified in the Section
requiring notice.
SECTION 27.
Lessee hereby agrees that the specific use of Leased Premises is for residential purposes
only. Lessee further agrees that Lessee will not conduct any commercial use at the Leased
Premises, without prior written approval of Lessor, and any unauthorized commercial use shall
constitute a breach of this lease.
SECTION 28.
This lease shall constitute the entire agreement of the parties of this lease and shall
supersede any prior agreements of said parties, either oral or written, pertaining to the subject
matter specified herein.
SECTION 29.
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 this lease or for any
breach of this lease shall be in Tarrant County, Texas.
SECTION 30.
This lease shall be binding on the heirs, successors and lawful assignees or sublessees of
Lessee and the successors or Lessor. 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 set forth hereunder and shall be subject to all the provisions regarding
termination and eviction set forth herein. Any such person or entity shall be deemed to be an
agent or representative of Lessee and shall be deemed to have notice of the terms, covenants, and
conditions of this lease.
8
SECTION 31.
The term "Lessee" as used herein shall also include the agents, representative,
employees, invitees and licensees of Lessee.
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SIGNED this ay ofZ& u -,/ 4.9
ATTEST: CITY OF T gRTH
C' '�'gin �' ' lt�--
City Secretary %,2'�2�j'00 ssistant ity Manager
APPROVED AS T ORM AND LEGALITY: Lessee:
14By:
As ' tant Cifty Attorney ougla . t5ester, Sr.
By�'71
Sondra G. Clester
Contract Authorization
Date
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City o.f Fort Worth, Texas
4"61yor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/19/00 **L-12963 1 30HARMON 1 of 1
SUBJECT AUTHORIZE LEASE AGREEMENT FOR CITY-OWNED PROPERTY LOCATED AT 740
HARMON ROAD WITH DOUGLAS C. CLESTER, SR. AND SONDRA G. CLESTER
DOE 0668
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with
Douglas C. Clester, Sr. and Sondra G. Clester for the property located at 740 Harmon Road for $850
per month commencing January 1, 2001, and terminating December 31, 2001, with an option to renew
the lease for two additional one-year periods, and providing that the City may terminate this lease at the
conclusion of each one-year term.
DISCUSSION:
The property, located within the 65 decibels LDN (day-night sound level), was purchased by the City to
facilitate noise mitigation at Alliance Airport. The Engineering Department, Real Property Management
Division, at the request of the Aviation Department, marketed the property for lease. It is recommended
that the property be leased to Douglas Clester and his wife Sondra, and upon termination of the lease
on December 31, 2001, to allow staff to renew the lease annually for up to two successive terms at the
prevailing market rate in effect for similar properties in the metroplex at the time the lease is renewed.
This lease may be canceled by the City at the end of each year.
The monthly lease amount of $850 was established by staff based on a current rental survey conducted
by Moreland Altobelli Associates, the consultant acquiring properties for the City in the noise mitigation
program south of Alliance Airport. After making adjustments to the rental comparables for location and
amenities, staff determined that the fair market rental for the subject property is $850, which is an
increase of$150 per month over the previous lease amount of$700 per month.
This property is located outside the Fort Worth city limits in Tarrant County, Mapsco 7T.
FISCAL INFORMATION/CERTIFICATION:
The Engineering Department, Real Property Management Division, is responsible for the collection of
funds due to the City under this agreement.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
PE 40 240007 0000000 $10,200.00 APPROM
Mike Groomer 6140 CITY CO!lr�C�L
Originating Department Head: C v
A.Douglas Rademaker 6157 (from) DEC 19 2000
Additional Information Contact: r 4 1.1i
city ssecrebwY of the
A.Douglas Rademaker 6157 city of Fort Worth.Texas