HomeMy WebLinkAboutContract 33065 "AITY SECRETARY
STATE OF TEXAS § CT NO d:5.
COUNTY OF TARRANT §
LEASE AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF FORT WORTH, a home
rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties,
Texas (Hereinafter referred to as the "Lessee"), acting by and through Libby Watson, its duly
authorized Assistant City Manager, and Bethlehem Baptist Church of Mansfield, Inc., a Texas
corporation located at 1188 West Broad St., Mansfield, Texas (Hereinafter referred to as the
"Lessor").
WITNESSETH:
1.
LEASED PREMISES
That for and in consideration of the payment of the rentals hereinafter set out and the
performance of the covenants and agreements herein set forth, Lessor has contracted with and does
hereby lease unto Lessee Building#3 located at 1188 West Broad, Mansfield, Tarrant County, Texas
(hereinafter referred to as the "Leased Premises"):
1. Building #3 has 1,500 sq. ft. for (2) offices, which includes spaces
for private client counseling; (1) room for mulitpurpose usage; (1)
general purpose reception room; (1) room for storage of inkind
items and (1)kitchen facility with an adjacent storage area.
Said Leased Premises is further described and delineated on a copy of the floor plan of said
building, attached hereto and specifically incorporated herein as Exhibit"A".
2.
TERM
Unless earlier terminated in accordance with this Agreement, the term of this Agreement
shall be for a period beginning October 1, 2005 and ending September 30, 2006.
3.
RENT
Lessee shall pay monthly rental of$550 per month,payable on or before the tenth (10`h)day
of each month that Lessee occupies the Leased Premises.
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4.
TERMINATION IN THE EVENT OF NON-FUNDING
This Agreement is conditioned upon the actual receipt by Lessee of funds granted by the
Texas Department of Housing and Community Affairs and by Tarrant County, Texas and
appropriation of funding by the City Council; if such funds are not timely forthcoming or
appropriated, Lessee may, in its sole discretion, terminate this lease by thirty(30)days written notice
to Lessor and Lessee shall have no further responsibility for rental payments hereunder.
5.
PERMITTED USES; SUBLEASING
It is understood and agreed that the Lessee proposes to use the Leased Premises for the Far
Southeast Community Action Partners (CAP) Center of the Lessee; provided, however, Lessee may
sublease a portion of the office space in the Leased Premises to qualified agencies, nonprofit entities
or governmental units.
6.
MAINTENANCE; PARKING
Lessor agrees to pay all cost of maintaining the Leased Premises, including plumbing, heating
and air conditioning equipment, and shall keep the property in a good state of repair during the term
of this lease. Lessee shall notify Lessor promptly of necessary repairs or maintenance, and Lessor
shall promptly proceed to perform the same. Lessor shall provide, in addition to the Leased Premises
herein provided, adequate paved parking adjacent to the Leased Premises for use by the officers,
employees, program participants, guest and invitee of Lessee and the Sublessee or Sublessee herein
provided for. Such parking area shall be subject to the like covenant of lessor regarding
maintenance.
7.
UTILITIES
Lessee agrees to pay monthly to Lessor an amount equal to $50.00 to cover its portion of
water utility expenses, said amount to be payable on or before the 10`h of each month. Lessee shall
be responsible for payments to the appropriate utility provider of the electric utility costs for the
Leased Premises, before it shall become delinquent. Lessee also agrees to pay its own telephone
installation costs and costs of telephone operation.
8.
DESTRUCTION OF PREMISES
Upon the occurrence of any casualty or peril to the Leased Premises, Lessee shall give
immediate notice to Lessor. If by such casualty of peril, the demised premises are, in the opinion of
Lessee, rendered substantially unfit for occupancy, and Lessee does not desire to have said Leased
Premises restored to the prior condition, this lease agreement shall cease and rent shall abate from
the occurrence of such casualty.
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9.
VENUE
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of the lease, venue for said action shall lie
in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort
Worth Division. This Agreement shall be construed in accordance with the laws of the State of
Texas.
10.
NOTICES
All notices required or permitted under this Agreement may be given to a party personally or by
mail, addressed to such party at the address stated below or to such other address as one party may
from time to time notify the other in writing. Any notice so given shall be deemed to have been
received when deposited in the United States mail so addressed with postage prepaid:
Lessee:
Parks and Community Services Department
Attn: Leona Johnson
4200 South Freeway, Suite 2200
Fort Worth,Texas 76115
With copy to:
City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Lessor:
Bethlehem Baptist Church of Mansfield, Inc.
Attn: Rev. Michael A. Evans, Sr. Pastor
1188 West Broad Street
Mansfield, Texas 76063
11.
TERMINATION
Upon the occurrence of any such event of default of the Agreement, the non-defaulting party
may terminate this Agreement by giving the defaulting party written notice of default and intention
to terminate, sent United States mail, certified, return receipt requested, to the defaulting party's
address specified in Paragraph 10. Any notice so given shall be deemed to have been received when
deposited in the United States mail so addressed with postage prepaid. Upon receipt of such notice,
the defaulting party shall have a period of fifteen(15) days from receipt of such notice within which
to cure such default. If the default is not cured within fifteen (15) days, the non-defaulting party has
the option to terminate this Agreement at the expiration of the said fifteen-day period by providing
notice, sent United States mail, certified, return receipt requested, to the defaulting party of its
intention to terminate. Written notice of intention to terminate shall be sent United States mail,
certified, return receipt requested, to the defaulting party's address specified 4ttParagraph 10.
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12.
GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, the City does not waive or surrender any
of it governmental powers.
13.
SOLE AGREEMENT
This written instrument constitutes the entire Agreement by the parties hereto concerning the
lease of the facilities and obligations of the parties and any prior or contemporaneous oral or written
agreement that purports to vary from the terms hereof, shall be void. It is understood and agreed that
all the provisions of this License Agreement are applicable except where specifically modified by
Addendum A, in which case such Addendum shall apply.
14.
INTERPRETATION
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for
or against any party, regardless of the actual drafter of this Agreement.
15.
AMENDMENT
This Agreement cannot be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
16.
CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
17.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and, except as otherwise
provided in this contract, their assigns.
18.
SEVERABILITY
In case any one or more of the provisions contained in this Agreement are held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect
any other provision hereof and this contract shall be considered as if suc !T7_ egal or
unenforceable provisions were never contained herein.
4 I7( c:,
19.
NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of the Lessee and
the Lessor, and any lawful assign or successor of the Lessee, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
20.
AUTHORITY OF LESSORS AGENT
By executing this Agreement, Lessor's agent affirms that he or she is authorized by Lessor to
execute this Agreement and that all representations made herein with regard to Lessor's identity,
address and legal status (corporation,partnership, individual, etc.) are true and correct.
21.
ENTIRE AGREEMENT
This written instrument constitutes the entire agreement by the parties hereto concerning the
demised premises; and any prior or contemporaneous oral or written agreement, which purports to
vary from the terms hereof, shall be void.
IN
S WHEREOF, the parti hereto have executed this Agreement on this
day of ,204
ATTEST: CITY OF FORT WORTH
By. �, .�=(;;
City Seeretary I✓ibby Watson
C- ao� L( Assistant City Manager
- g
Contract Authorization
S eote,w &r 13,low
Date
AP OVED AS O FORM AND LEGALITY:
�v
stant Cit At orney
Date
F 7:e 1 7----7-
r`K
BETHLEHEM BAPTIST CHURCH OF
MANSFIELD, I
By:
Rev. Mi hael r
vans, Sr. Past r
By: C�L- A
Deacon W. O. Lawson
By: , da�- L &a=Lzk
Deacon McClendon Moody
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, THE UNDERSIGNED AUTHORITY, A Notary Public in and for the State of
Texas, on this day personally appeared Libby Watson, Assistant City manager, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same
was the act of the City of For Worth, and that she executed the same as the act of said city, for the
purposes and consideration therein expressed and the capacity t//herein stated.
GIVEN UNDER MY HAND AND SEAL,this the 6y% day of ,
200 .
ROSELLA BARNES
?1 MY COMMISSION EXPIRES
ZV Mffch 31,2009 Notary Public in and for the State of
Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Rev. Michael
Evans, Sr., known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that same was the act of the Bethlehem Baptist Church of Mansfield, Inc., and
that he executed the same as the act of said church, he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL, this the day of
2005.
Notary Public in and for the
State of Texas l v J
' .. ...
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority,on this day personally appeared Deacon Willie O.
Lawson,known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that same was the act of the Bethlehem Baptist Church of Mansfield, Inc., and
that he executed the same as the act of said church,he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL, this the day of
2005.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Deacon
McClendon Moody, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that same was the act of the Bethlehem Baptist Church of
Mansfield, Inc., and that he executed the same as the act of said church, he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL, this the day of D&&I7toetl
2005.
Notary Public in and for the 67
State of Texas
- ✓ _ ✓vim.• .1
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16581-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 80TARRANT REFERENCE NO.: **C-20994
SUBJECT:
Authorize Acceptance of Funds for Tarrant County for Fiscal Year 2005-06; Execution of Lease
Agreement for the Operation of Two Community Action Partners Centers; Authorization of Interfund
Loan and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept funds in the amount of $22,800.00 from Tarrant County for
FY2005-2006 for two Community Action Partners (CAP) Centers beginning October 1, 2005, and expiring
September 30, 2006;
2. Authorize the City Manager to execute a lease agreement with the Bethlehem Baptist Church, for the
Far Southeast CAP in an amount not to exceed $550.00 per month and Richard Hartman for the Far
Northwest CAP in an amount not to exceed $894.61 per month. Each agreement is to begin October 1,
2005 and expire September 30, 2006;
3. Authorize a non-interest bearing, inter-fund loan from the General Fund to the Grants Fund in the
amount of$5,700.00 for interim financing of this grant project, pending contract execution; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $22,800.00 from available funds.
DISCUSSION:
Tarrant County provides funding for the operation of two CAP Centers. The Far Southeast CAP, located at
1188 West Broad, in Mansfield, Texas and the Far Northwest CAP, located at 920 Roberts Cut Off, in River
Oaks, Texas, both are located outside city limits. Following the approval of the Tarrant County budget, any
operating expense incurred by the City for the operation of these centers will be reimbursed by Tarrant
County.
1. Lease for the Far Southeast CAP is $6,600.00 per year(including water/waste costs);
2. Lease for the Far Northwest CAP is $10,735.32 per year(not including utilities); and
3. The remaining funds $5,464.68 will be used to supplement the costs of utilities and telephones.
The Far Southeast and Far Northwest Centers will continue to provide case management, information and
referral services, client intake and assessment, emergency assistance, including the Comprehensive
Energy Assistance Program and other social services to low-income households in Southeast and
Northwest Tarrant County.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/10/2006
Page 2 of 2
The costs to operate the referenced CAP Centers are wholly underwritten by federal, state and county
funds.
The interim financing is requested to provide a smooth transition from one grant funding cycle to the
next. Interim financing is only a temporary loan pending contract execution.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the FY2006 operating budget, as appropriated,
of the Grants Fund. Upon execution of the grant contract, the interim interfund loan will be returned to the
General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 220001 000422051000 $5,700.00 GG01 136076 0000000 $5,700.00
GR76 451345 080422051000 $22,800.00
GR76 5VARIOUS 080422051010 $22,800.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Randle Harwood (5704)
Additional Information Contact: Leona Johnson (5775)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/10/2006