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HomeMy WebLinkAboutContract 27037 • r CITY SECRETARY CO�1Tl;ACT NO. LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Lease Agreement (Lease) is made and entered into this, the_day of , 2001, the effective date hereof, at Fort Worth, Texas by and between McWilliams Consolidated, (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 10,790 square feet, located at 3007, 3009 Race Street, legally known as W.E. Ralstin Addition, Lot 1, W 40' 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 Leased 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 (i) the date of execution of this Lease by Lessor and Lessee, and (ii) completion of Lessor's work (as hereinafter defined) of fence, gate and security slats in accordance with the terms and provisions of Exhibit "A"; 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 $134,875.00 per year,payable in monthly payments of$11,239.58. The rental payment shall be made to the Lessor on the first day of the term and each month thereafter including any extensions 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, provided that Lessee notifies Lessor in writing of its intent to extend on or before 30 days prior to the expiration of the Lease or any extension. The notice shall be deemed effective when deposited by Lessee in United States mail, postage prepaid, certified mail, return receipt requested, addressed to Lessor. 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. Lessee shall pay the cost of all utility services, including but not limited to initial connection charges, all charges for natural gas, electrical, water charges, telephone installation and monthly charges, and all other utility charges that come due, and for all electric lights, lamps, and tubes. Lessor agrees to pay all taxes and City of Fort Worth Lease Page 1 insurance as they come due. Lessor shall keep the Leased Premises in good, clean and habitable condition, normal wear and tear excepted. Lessor, at Lessor's expense, shall complete the leasehold improvements and modifications in accordance with the attached Exhibit "A". Lessor shall maintain in good repair the roof, foundation, exterior walls, heating and 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, exterior walls, heating, air conditioning, electrical, and plumbing of the Leased Premises. Lessor shall bear responsibility for and pay insurance, maintenance and property taxes on the leased property up to the amount paid for the initial one year period (the base year). Any increases or decreases in insurance, maintenance and the taxable value of the property or tax rates assessed by the taxing entities resulting in an increase or decrease in the property tax liability from the base year shall be the responsibility or accrue to the benefit of the Lessee, with the increase or decrease in lease rate amortized in the monthly lease rate, with the change in lease rate occurring on the anniversary date of the Lease. SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 3007, 3009 Race Street, 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 8. Termination and Right of Inspection. 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 1, u �U�D City of Fort Worth Lease Page 2 ,� � �r 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. 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. I! d r C9 C^�• City of Fort Worth Lease Page 3 Cirwr, 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 and 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: McWilliams Consolidated Attn: Justin McWilliams P.O. Box 7468 Fort Worth, Texas 76111 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: Administrator, Real Property Management City of Fort Worth 927 Taylor Street Fort Worth, Texas 76102 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. City of Fort Worth Lease Page 4 OU © G, ;;��r�9 p[� 0 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 requiring such consent or 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 day of LESSOR: McWilliams Consolidated LESSE : CITY OF FORT WORTH By: B Name:kla �e,W t�I(Q,A5 Name: Libby Watson Title: (Laen%dea Title: Assistant City Manager ATTEST: l2' , City,/Secretary Date: APPROVED AS TO FORM AND LEGALITY: /Z/ ;p-.. City 44torney, or His Designee M&C No: _ L 3 / 1q.ol Contract No: City of Fort Worth Lease Page 5 me 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_ (�1A5��I'l I"i.G V� I l I , known to me to be the same person whose name is subscribed to cth!e foregoing instrument, and acknowledged to me that the same was the act of �J lil,S'fl n (AcWt l I l IGS m s and that he/she executed the same as the act of said I Gl Y4�({�jQ�� �' for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f day of c , 2001 . Notar Public in and 91 e State of Texas "EYP°°"' MELISSA BJORK NOTARY PUBLIC STATE OF TEXAS OF My Comm.Exp.7-30-2003 City offort Worth Lease Page 6 )FRGG�1� MY Ni7'11ERRY R0V 1�''�I11rI'. Y a 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 , 2001 . ROSELiA BARNES V �*i NOTARY PUBLIC co: State of Texas °Comm.Exp.03-31-2006 Notary Public in and for the State of Texas �(�(�f�((�eti VIED{1R� City of Fort Worth Lease Page 7 UlfiCu.�u�^1�!- kr'��� ,� 0111 "JF) ��E WI U Val Val EXHIBIT "A" Improvements and Modifications 1. Addition of 10' wide garage door 2. Addition of personnel door 3. Addition of one fence segment on west side of property 4. Relocate chain link fence on east side of property to include expanded parking area 5. Addition of electric gate with the following features (or equivalent): a. 20' opening sliding gate b. Frame constructed of schedule 40 pipe c. Frame covered with chain link fence d. PowerMaster SGI, 70 series controller e. Timer to close gate f. Keyless entry and exit pad g. Miller Electric Safety Edge model MG 020 6. Installation of security slats on chain link fence surrounding parking area 7. Upgrade or repair parking area surface 8. Keyless entry for all exterior doors both upstairs and downstairs LODERM City of Fort Worth Lease Page 8 u u9 (��rr (`^�U Nll,^I(1 h u�� City of Font Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 8/14/01 **L-13116 35RACE 1 of 2 SUBJECT AUTHORIZE A LEASE AGREEMENT BETWEEN MCWILLIAMS CONSOLIDATED AND THE CITY FOR OFFICE SPACE FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a lease agreement with McWilliams Consolidated for 10,790 square feet of office space for police operations at a cost of $11,239.58 per month; 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, 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 a lease agreement for 10,790 square feet of office space. This move has become necessary due to the sale of the current leased facility that houses 48 employees. The City is required to vacate that facility by October 1, 2001. The lease term is for one year, with five one-year options to renew. There is a rental charge of $11,239.58 per month for the space, for a total expenditure of $134,875.00 per year. The City is responsible for payment of all utilities and telephone service. The landlord is responsible for the improvements listed in the attached Exhibit A at an estimated cost of$30,500.00. In addition to the above costs, the department will incur expenses up to $40,000.00 to install communication equipment and connections. This includes moving the existing telephone and alarm systems, necessary wiring, and fiber optic connections. Staff of the Information Technology Solutions Department and the Police Department have assessed the need and are working on a final solution with Southwestern Bell Telephone Company. Funds were not budgeted in the current year budget for these make-ready costs since the relocation was not certain until recently. However, the expense can be absorbed in the current appropriation of the Police Department. Funds for the increased lease expense are included in the City Manager's Proposed Budget for FY2001-2002. OMURA f �P SOD V ll0 11U\;i l�U 9 ��e . s - City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBERLOG NAME PAGE 8/14/01 **L-13116 35RACE 2 of 2 SUBJECT AUTHORIZE A LEASE AGREEMENT BETWEEN MCWILLIAMS CONSOLIDATED AND THE CITY FOR OFFICE SPACE FOR THE POLICE DEPARTMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget of the General Fund. No funds were budgeted for this purpose, however, savings have been realized in other Police Department accounts that will offset this expenditure. LW:k Submitted for City Manager's FUND ACCOUNT F CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: Ralph Mendoza 48386 (from) APPROVED 8/14/01 GG01 539120 0356300 $51,239.58 Additional Information Contact: Ralph Mendoza 48386 00FRC ALL PTO ED Of ,:-G�Mly FYI ?KfUR YEK.