HomeMy WebLinkAboutContract 32894 CITY SECRETARY' [�
ONTRACT NO.
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the Lrldhay of
2005 the effective date hereof, at Fort Worth, Texas by and between WFR Properties, Inc.
(Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its duly
authorized representative Joe Paniagua (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/Warehouse Space of approximately 2,040 square feet, located at 2800-F
Shamrock Ave. , Fort Worth, Texas 76107 .
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. The
boundaries and location of the Leased Premises are described on the attached Exhibit A made part
hereof.
SECTION 2. Use of premises. The leased premises shall be used as office space for the City of Fort
Worth.
SECTION 3. Term and Rent. This lease shall be for a period of six (6) months commencing on
December 1, 20 05 and terminating on MU 31 , 20 06, unless a prior termination is effected by
either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent
in the amount of Nine Hundred and No/100 Dollars ($900.00) per month. All rental payments shall
be payable to Lessor at the location of notice set forth in Section 15 of this Lease. Following the
initial six (6) month term of this Lease Lessee's tenancy shall be on a month to month basis under the
same terms and conditions of this Lease and shall continue until the Lease is terminated by either
party as set forth in this Lease. The rental payment shall be made to the Lessor on the first day of the
term and each month thereafter including any extension of the Lease. Rent for any partial calendar
month shall be prorated on a per diem basis.
SECTION 4. Security Deposit. Upon execution of this Lease, Lessee shall pay to Lessor the sum
of Nine Hundred and No/100 Dollars ($900.00) as a security deposit for the performance of Lessee's
covenants and obligations hereunder. If, at the end of the lease term, Lessee has fully complied with
all provisions, covenants, and obligations as required herein, the security deposit sum shall be
returned to Lessee, without interest.
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SECTION 5. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessee agrees to be
responsible for the payment of all electricity, natural gas, local telephone, or other utility charges that
come due and payable during the term Lessee occupies the Leased Premises. Lessor agrees that
Lessor will pay for water for the Premises, provided usage is within normal amounts. Additionally,
Lessor agrees to pay all taxes and insurance as they come due. Lessee shall keep the Leased Premises
in good, clean and habitable condition,normal wear and tear excepted.
Lessor shall maintain in good repair the roof, foundation, and exterior walls of the Leased
Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof,
foundation, and exterior walls of the Leased Premises. If any repairs required to be made by Lessor
are not commenced or made within seven calendar days after written notice is delivered to Lessor by
Lessee, Lessee may terminate the Lease.
SECTION 6. Insurance. Lessor agrees to insure the structure and premises of 2800-F Shamrock,
Fort Worth, Tarrant County, Texas 76107. 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.
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 and primarily by the City of Fort
Worth and not by a commercial insurance company.
SECTION 7. Liability and Hold Harmless. LESSOR SHALL NOT BE LIABLE FOR AND,TO
THE EXTENT PERMITTED BY LAW, LESSEE WILL INDEMNIFY AND HOLD LESSOR
HARMLESS OF AND FROM ALL FINES, SUITS, CLAIMS, DEMANDS, LOSSES, AND
ACTIONS (INCLUDING REASONABLE ATTORNEY'S FEES) FOR ANY INJURY TO
PERSON OR DAMAGE TO OR LOSS OF PROPERTY ON OR ABOUT THE PREMISES
CAUSED BY THE NEGLIGENCE OR MISCONDUCT OR BREACH OF THIS LEASE
AGREEMENT BY LESSEE, ITS EMPLOYEES, SUBTENANTS, INVITEES, OR BY ANY
OTHER PERSON ENTERING THE PREMISES OR THE BUILDING UNDER EXPRESSED
OR IMPLIED INVITATION OF LESSEE, OR ARISING OUT OF LESSEE'S USE OF THE
PREMISES. LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR
DAMAGE TO ANY PROPERTY OR DEATH OR INJURY TO ANY PERSON OCCASIONED
BY THEFT, FIRE ACT OF GOD, PUBLIC ENEMY, INJUNCTION, RIOT, STRIKE,
INSURRECTION, WAR, COURT ORDER, REQUISITION, OR OTHER GOVERNMENTAL
BODY OR AUTHORITY, BY OTHER TENANTS OF THE BUILDING, OR ANY OTHER
MATTER BEYOND CONTROL OF LESSOR, OR FOR ANY INJURY OR DAMAGE OR
INCONVENIENCE WHICH MAY ARISE THROUGH REPAIR OR ALTERATION OF ANY
PART OF THE BUILDING, OR FAILURE TO MAKE REPAIRS, OR FROM ANY CAUSE
WHATEVER EXCEPT LESSOR'S INTENTIONAL OR GROSSLY NEGLIGENT ACTS, OR
FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LEASE
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City of Fort Worth Lease Page 2 � � c..=•taL�u•.�
9 ..•J 1: III o .G':e
ARTICLE XI SECTION 7 OF THE TEXAS CONSTITUTION PROVIDES THAT A CITY IS
PROHIBITED FROM CREATING A DEBT UNLESS THE CITY LEVIES AND COLLECTS
A SUFFICIENT TAX TO PAY THE INTEREST ON THE DEBT AND PROVIDES A
SINKING FUND. THE CITY OF FORT WORTH HAS NOT AND WILL NOT CREATE A
SINKING FUND OR COLLECT ANY TAX TO PAY ANY OBLIGATION CREATED UNDER
THIS SECTION.
SECTION 8. 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 9. Termination,Funding and Non-Appropriation.
8.01 Termination. 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
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.
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. The notice shall be deemed
effective when deposited by Lessee in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to Lessor.
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.
8.02 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 10. Right of Inspection. 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 11. 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-.-.
City of Fort Worth Lease Page 3 v L�
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. Additionally, if Lessee modifies the
Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the
termination of this Lease, shall have the right to demand that Lessee remove some or all of such
alterations, additions, or improvements made by Lessee.
SECTION 12. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully
inspected the Premises, and on the basis of such inspection Lessee hereby accepts the Premises, and
the building and improvements situated thereon, 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 air conditioning and heating equipment are not in good working condition on the
commencement date of this Lease, Lessor agrees to repair promptly any such defects of which Lessee
delivers written notice to Lessor within thirty days after the commencement date of this Lease.
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 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 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. 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:
All notices to Lessor shall be sent to:
WFR Properties, Inc.
Attn: Mr. Edward M. Runyon
T5-3 7—w---7-tT Street, Suite 2
Fort Worth, Texas 76107
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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:
City of Fort Worth
Real Property Services
1000 Throckmorton Street
Fort Worth, Texas 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.
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. The consent or approval 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 18. 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.
SIGNED this of } ft3a) , 20 .
LESSOR: WFR Properties, Inc. LESSEE: CITY Qf#ORT WORTH
�Q., '
By: �,�, By:
Name: Edward M. Runyon Name: Joe Paniagua
Title: President Title: Assistant City Manager
Ci
APPROVE AS TO RM AND LEGALITY:
Adsistant City Attorney
ATTEST:
City Secretary
M&C Number :
Date: I a'( 0AI-
16
Contract Number:,n%94
City of Fort Worth Lease Page 6
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 041.4 0 /W. ,QK�,yd,d , 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 toW-4,ey A 4w K0N and that he/she executed the same
as the act of said A✓/A A10/&T/fS , ,z"Ov'r. for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this o? day of
20
C
MARK DOW THIGPENSTATE OF TEXAS Notary Public in and fo e State of Texas
MY cWM.Exp.08/01rjM
City of Fort Worth Lease Page 7
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 Joe Paniagua,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 Joe
Paniagua and that he 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 Notary Public �n and for the State of Texas
KATHY F.DURHAM
+; * MY COMMISSION EXPIRES
-' January 24.20
E o tw
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EXHIBIT A
Legal Description:
Lot: 1-D
Block: 12
Addition: Bailey Industrial Addition
City of Fort Worth Lease Page 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/6/2005
DATE: Tuesday, December 06, 2005
LOG NAME: 35WFR PROP2 REFERENCE NO.: **C-21179
SUBJECT:
Execution of a Lease Agreement between WFR Properties, Inc., and the City of Fort Worth for
Office and Warehouse Space for the Police Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement between WFR Properties, Inc., and the City
of Fort Worth for approximately 2,040 square feet of office and warehouse space for Police operations at a
cost of$900.00 per month; and
2. Approve the lease term of six months commencing on December 1, 2005 and expiring on May 31,
2006.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated a lease agreement for approximately 2,040 square feet of office and warehouse space as a
temporary facility to accommodate Police personnel currently without space for continued operations.
The lease term is for six months. The monthly rental rate is $900.00 with a security deposit of $900.00,
which will be returned to the city at the end of the lease term provided all terms and conditions of the lease
agreement have been complied with.
The city is responsible for the payment of telephone installation and service and all utilities, with the
exception of water.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0356301 $6,300.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Ralph Mendoza (4210)
Logname: 35WFR PROP2 Page 1 of 1