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HomeMy WebLinkAboutContract 26745 CITY SECRETARY CONTRACT NO. POLICE SUB-STATION AGREEMENT THIS LICENSE AGREEMENT, made and entered into this 10k day of-hl". , 2001 by and between WAL-MART Stores Inc. ("Wal-Mart"), and the City of Fog,Worth "City". WITNESSETH WHEREAS, Wal-Mart is the owner or lessee of the building known as Wal-Mart Store #2978, located at 7451 McCart Ave., Fort Worth, Tarrant County, Texas, ("Premises"), and WHEREAS, Wal-Mart and City now desire to enter into an agreement whereby City will have space in the Premises, under such terms and conditions as are hereinafter more particularly set forth. NOW, THEREFORE, in consideration of the mutual promise herein contained, the parties hereto do hereby agree as follows: 1. The City is given permission to furnish and occupy a designated portion of the Premises for the purpose of a police substation. 2. The term of this Agreement shall be for the one (1) year beginning on the date of this Agreement and shall automatically renew for successive one (1) year terms, unless terminated earlier. Wal-Mart and City agree that either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days prior written notice. 3. The consideration for this Agreement shall be the mutual benefits received by both parties through the use of the Premises by the City. 4. City agrees that all items placed in or on the Premises by City, will be removed from the Premises as soon as practicable following termination of this Agreement, but in no event later than 10 days after the termination of the Agreement. 5. All property belonging to City shall be on the Premises at the risk of City, and Wal-Mart shall not be liable to damage thereto or theft or misappropriation thereof. 6. The City is 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 would ultimately be found liable would be paid directly by the City and not by a commercial insurance company. UH6� i" EEO STVEt�E)Ea Ff 7. Wal-Mart agrees and understands that City in no way promises to provide increased police protection or more rapid emergency response time because of this Agreement. No special relationship shall exist between Wal-Mart and City other than that of landlord and tenant. City shall provide no greater police protection to Wal-Mart than is provided to all other residents and businesses of the City of Fort Worth. 8. The City shall be responsible for the costs of installing and maintaining telephone service at the facility. Wal-Mart shall furnish all other common" utilities. 9. The City will identify the leased area with a decal stating the police sub- station location. 10. All notices to Wal-Mart shall be sent to: 702 S. W. 8' Street Bentonville, Arkansas 72712-6489 Attn: All notices to City shall be sent to: Fort Worth Police Department Administrator, Fiscal and Equipment Management 350 West Belknap Street Fort Worth, Texas 76102 And a duplicate to: Administrator, Real Property Management City of Fort Worth 927 Taylor Street Fort Worth, Texas 76102 COO Q0 D OQD AEI-I NN d MMQ� IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized corporate officers. SIGNED this. O'day of ) 2001. LESSOR: LESSEE: Wal-Mart Stones, Inc. / j THE Cl Y OF FORT WORTH By: By. -� Name: Libb atson Assistant City Manager Name of Person Title City Secretary Date: _ yx APPROVED AS TO FORM AND LEGALITY: City Atto , or His Designee Contract No: O NR0IA'A STATE OF TEXAS § COUNTY OF TEXAS § BEFORE ME, the undersigned a hor't , a Not Public in and for the State of Texas, on this day personally appeared own to me to be the same person whose name is subscribed to the reg i1,g i tru nt, and acknowledged to me that the same was the act of in his capacity as' h p,n::s� , and that they executed the same as the act of said limited partnership 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. I - ---------)---------- *- u MyWILLIAM ROLLINS JR. Notary RblkSTATE OF TEXAS Notary Public in and for the State�Texas u,v0FvP My Comm.Exp.06/03/2004 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, Assistant City Manager for the City of Fort Worth and that she executed the same 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. (A6 =P aROSELLA BARNES*; NOTARY PUBLIC 1 V ; state of Texas Comm. Exp.03-31-2005 Notary Public in and for the State of Texas KGGC ^sG'EC,C9P11D C ff 1-\P GI, ff —ate City of Fort Worth, Texas "agor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/1/01 **L-13041 350FFICE 1 of 1 SUBJECT LEASE SPACE FOR THE POLICE DEPARTMENT AT 7451 MCCART AVENUE FROM WAL-MART STORE NO. 2978 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a sub-station agreement for office space at 7451 McCart Avenue from Wal-Mart Store No. 2978 at a cost of$1.00 per year; and 2. Approve the lease term of one year commencing May 1, 2001, and expiring April 30, 2002, with automatic options to renew for successive one year terms. DISCUSSION: The Engineering Department, Real Property Management Division, at the request of the Police Department, has negotiated to lease office space for use as a police storefront. The lease term is for one year, with automatic options to renew for successive one year terms. There is a rental charge of $1.00 annually for the space. The City is responsible for telephone installation and charges. All other utilities 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) APPROVED Libby Watson 6183 CITY COUNCIL Originating Department Head: Ralph Mendoza 48386 (from) MAY I 2001 GR79 539120 0354700 $1.00 }}�� Additional Information Contact: City Secretary of t1he Ralph Mendoza 48386 City of Fort Worth,Toxo.=