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HomeMy WebLinkAboutContract 26940 CITY SECRETARY r� CONTRACT NO. Ol LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Lease Agreement (Lease) is made and entered into this, thel day of 2001, the effective date hereof, at Fort Worth, Texas by and between Halawa View Ap me s, a Hawaii general partnership, d/b/a Riverbend Properties, (Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its duly authorized representative Libby Watson (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 2,700 feet, located at 2564 Sand Street, Building #8, Riverbend Business Park, legally known as Newell & Newell Industrial Park, Block 2, Lot 2, Fort Worth, Tarrant County, 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 Fort Worth Police Department, including off-duty police officers for the purpose of conducting police business during normal operating hours. SECTION 3. Term and Rent. This Lease shall be for a period of one year commencing on the date of execution of this Lease, and terminating in twelve months, 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$1.00 per year. The rental payment shall be made to the Lessor on the first day of the term of the Lease and the first day of any extension of the Lease. This Lease may be automatically renewed for successive terms of 12 months each for up to a maximum of five 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 the Leased Premises. Lessor agrees to be responsible for the payment of all natural gas, electrical, water charges, telephone installation and reasonable monthly charges, and all other utility charges that come due. 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. 03C .�0]DDDD City ofFort Worth Lease Page 1 Lessor shall maintain in good repair the roof, foundation, exterior walls, heating and 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. SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 2564 Sand Street, Building #8, Riverbend Business Park, 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 Lessee, its officers, agents, servants, and employees, from and against any and all claims or causes of action of Lessor 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 or omission complained of results from the alleged negligence or any other act or omission of Lessor, Lessee, or any third party. , Lessor shall 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 physical condition of the Leased Premises, which damage, defect or condition existed as of the delivery of possession of the Leased Premises to Lessee, 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 S. Termination and RiLyht 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. uFV�Cc-OAL G�EC0Q© CNN 2111 3MMY City of Fort Worth Lease Page 2 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 Lessor and Lessee shall be liable for the breach of term 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 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 seq., 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 of the State of Texas and the United States. Any, r City of Fort Worth Lease Page 3 i 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 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. 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: Huff Brous McDowell Management Inc. Attn: Sandra Knight 2501 Gravel Drive Fort Worth, Texas 76118 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: Gene Rollins, Land Agent, Real Property Management City of Fort Worth 927 Taylor Street Fort Worth, Texas 76102 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: 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 re ch consent or P,D� City of Fort Worth Lease Page 4 UL�' 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. SIGNED this_��G'kr day of /4*i� , LESSOR: HALAWA VIEW APARTMENTS, a LESSEE: CITY OF FOR WORTH Hawaii general partnership, d/b/a Riverbend Properties By: ��� �TYlre6By: Name: Name: Libby Watson Title: / // iG Title: Assistant City Manager A ST: V/J,�',_'9' ity Secre*3-6 Date: 1 APPROVED AS TO FORM LEGALITY: SANDRA KNIGHT City Attorney, or His Designee Notary pudic.State of Texas rf My Commission Ex*" February 13,2005 M&C No: - %3C'8'� '7-16•-r) / Contract No: City of Fort Worth Lease Page 5 STATE OF TEXAS § COUNTY OF TEXAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared_ 1 �1��u2� �t C%; , 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 and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2001 . SANDRA KNIGHT Notary Public,Std 0!Ti aQ J! My Commission EXOM fp„r February 13,2005 \ Notary Public in and for the(-State of Texas City of Fort Worth Lease Page 6 STATE OF TEXAS § 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 and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �9 ' 2001 . ROSELLA BARNES NOTARY PUBLIC *1 �jy state of Texas Comm, Exp. 03-31-2005 ���� Notary Public in and for the State of Texas � ;�I��Of`: G� C�-uPD �j City of Fort Worth Lease Page 7 u Ug ��" !`u lP EX. City of Fort Worth, Texas "111jor And Council cownsunicalflon DATE REFERENCE NUMBER LOG NAME PAGE .7/10/01 **L-13087 35SANIg 1 of 1 SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 2564 SAND STREET FROM HALAWA VIEW APARTMENTS D/B/A RIVERBEND PROPERTIES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a lease for 2564 Sand Street, Building 8, of approximately 2,700 square feet in the Riverbend Business Park at a cost of $1.00 per year; and 2. Authorize the lease term to begin July 10, 2001, and expire July 9, 2002, with five options to renew for one year each. DISCUSSION: The Engineering Department, Real Property Management Division, at the request of the Police Department has negotiated to lease office space for neighborhood patrol officers and off-duty officers during normal business hours. This is a request for a new lease. The office space will be used by officers assigned to Neighborhood Policing District No. 4 which is located in the East Division. The office space will be used by the officers to complete reports and to conduct normal City business. The lease term is for one year, with five one-year options to renew. There is a rental charge of $1.00 per year for the space. All utilities, including telephone installation and monthly charges, are to be paid by the landlord. 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) /PT""E Libby Watson 6183 CITY COUNCIL Originating Department Head: .1111 10 2001 Ralph Mendoza 48386 (from) GR79 539120 0354700 $1.00 Additional Information Contact: city Secretary of the city of Fort Worth.?"" Ralph Mendoza 48386