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HomeMy WebLinkAboutContract 26735 CITY SECRETARY CONTRACT NO. , LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This Lease Agreement (Lease) is made and entered into this, the day of at 2001, the effective date hereof, at Fort Worth, Texas by and between Samuels Avenue Baptist Chu ch, (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 450 feet, located at 729 Samuels Ave., legally known as Lot 4G, Mulligan Addition, 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 three 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. Lessee agrees to be responsible for the payment of all natural gas, electrical, water 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. Lessee agrees to be responsible for all costs attributable to telephone service at the location. IC�G�L G)ECGllD City of Fort Worth Lease Page 1U!I�''�f ` U"u: �"uLJ: Jly u 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 729 Samuels Avenue, 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, indemnify, hold harmless and defend Lessee, 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 sublease 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 likewise 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 consequences related to 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 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 Right 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. City oFW2 ort Worth Lease Page v n f g II ,I i1Tyr " I S�j,U `'. 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 tennination 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 sea., 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 g1coo © City of Fort Worth Lease Page 3 EPP agreement and by the laws 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: Samuels Avenue Baptist Church 715 Samuels Ave. Fort Worth, Texas 76102 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 Mailing of all notices under the Lease shall be deemed sufficient if mailed postage prepaid and addressed as specified change in the other party's address. 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 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 r ng..sucor E,,�ECC: uG°�� City ofFort Worth Lease Page 4 ��%�� t�ECLP)MA PI( L , 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 o/ LESSOR: SAMUELS AVENUE BAPTIST CHURCH LESSEE: CITY OF FORT WORTH By: By: � ✓G�. Name: M FA l kd7 Name: Libby Watson Title: j o 2 Title: Assistant City manager A EST: City Secreta Date: APPROVED AS TO FORM AND LEGALITY: City Attor ey, or His Designee M&C No: k- 06381 4-A-0 I Contract No: 'J (IGG�ptiyp�'y�� ([�� Cryo L"J X'�'A ��Wo 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 —IC,,,, 1.• r;K q , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was theacct of .�, = F��c,4 and that he/she executed the same as the act of said S R1 v J RA --cLrI for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �j--® day of 12001 . CECIL S. WEIR Notary Public e State of Texas comm, Expires 0630.2004 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 ?� K day of /U44 , 2001 . EotOSELLA BARNESNOTARY PUBLIC State of Texasm.Exp.03-3i-2005 Notary Public in and for the State of Texas cc0TVY 1C20 °IV FT. WOWSP!M vu City of Fort Worth Lease Page 7 City of Fort Worth, Texas "Alloy And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/24/01 **L-13038 35SAMUELS 1 of 1 SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 729 SAMUELS AVENUE FROM THE SAMUELS AVENUE BAPTIST CHURCH RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a lease for 450 square feet of office space at 729 Samuels Avenue from the Samuels Avenue Baptist Church at a cost of $1.00 per year; and 2. Authorize the lease term to begin June 7, 2001, and expire June 6, 2002, with three options to renew for one year each. DISCUSSION: At the request of the Police Department, the Engineering Department, Real Property Management Division has negotiated to lease office space at 729 Samuels Avenue for a police storefront. The lease term is one year, with options to renew for three additional one-year periods. There is a rental charge of $1.00 per year for the space. All utilities and telephone charges are to be paid by the Police Department. The City has leased this space since June 1995. 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) APPROVED Libby Watson 6183 C1TY COUNCIL Originating Department Head: APR 24 2001 Ralph Mendoza 48386 (from) Additional Information Contact: GR79 539120 0354700 $1.00 XCity Secretary of the City of Fort WozLh,Tema Ralph Mendoza 48386