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HomeMy WebLinkAboutContract 33622 CITY SECRETARY� CONTRACT NO. PARKING LOT LEASE This Parking Lot Lease is made and entered into between Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort Worth, herein designated as "LANDLORD", and the City of Fort Worth, herein designated as "TENANT'. 1. Leased Premises. LANDLORD, in consideration of the rent to be paid and of the covenants and agreement to be performed by TENANT herein set forth, does hereby lease to TENANT, the real property situated in Fort Worth, Tarrant, Texas, consisting of approximately twenty seven thousand two hundred five (27,205) square feet of land on Jennings Avenue and legally described as Lots 1-8, Block 3, Jennings East Avenue Addition herein designated as the "PREMISES". The PREMISES are now particularly shown as Exhibit"A". 2. Term of Lease. The PREMISES are leased to TENANT for exclusive use by TENANT from 6 a.m. to 6 p.m., Monday through Friday, except on legal holidays, for one year with the right to renew with thirty (30) days written notice to LANDLORD for six (6) one year terms with each party having the right to terminate the lease without cause on ninety (90) days written notice. At all times other than 6 a.m. to 6 p.m., Monday through Friday, on legal holidays the LANDLORD shall have exclusive use of the Premises. The term of the lease begins on June 1, 2006 and ends on May 31, 2007. 3. Rent. TENANT shall pay LANDLORD'S agent at St. Patrick Catholic Church, 1206 Throckmorton Street, Fort Worth, Texas 76102, the LANDLORD'S agent or such other place as LANDLORD may designate, in lawful money of the United States of America as and for base rental for the Premises, the sum of One Thousand Eight Hundred Dollars (1800.00) per month. The base rent shall be paid in monthly, in advance and without demand, on the first day of each and every calendar month during and throughout the term of this Parking Lot Lease. 4. Acceptance of the Premises by Tenant. TENANT taking of possession of the PREMISES shall be conclusive evidence that (a) the PREMISES are suitable for the purposes and uses for which same are lease; and (b) TENANT waives any and all defects in and to the PREMISES, its appurtenances, and in all the appurtenances thereto. Further, TENANT takes 05-12-06 P01 :40 IN 06-14-0� P01 :47 IN � the PREMISES and all appurtenances, in "AS IS" condition without warranty, expressed or implied, on the part of LANDLORD. LANDLORD shall not be liable to TENANT, TENANT'S agents, employees, invitees, licensees, or guests for any damage to any person or property due to the PREMISES of any part of any appurtenance thereof being improperly constructed or being or becoming in disrepair. 5. No Services. LANDLORD shall not furnish TENANT with any utilities, cleaning, lighting, security, fence, gate or any other items or services for the PREMISES. If TENANT wants or needs any utilities, cleaning, lighting, security, fence, gate or any other items or services, while occupying the PREMISES, the TENANT shall first obtain permission and approval form the LANDLORD to contract, add or install any of the above items and will be responsible for providing, same at TENANTS sole cost. 6. Use and occupancy. TENANT shall, at its expense, use and maintain the PREMISES in a neat, clean, careful, safe, and proper manner and comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal). TENANT shall use and occupy the PREMISES for parking for its employees' vehicles and no other purpose. TENANT agrees not to use or to allow or permit the PREMISES to be used for any purposes(s) prohibited by any law of the United States or the State of Texas or by any ordinance of the City of Fort Worth; and TENANT agrees not to commit waste or permit waste to be committed or to allow, or permit any nuisance on or in the PREMISES. At the termination of this lease, whether by lapse of time or otherwise, TENANT shall deliver the PREMISES to LANDLORD in as good condition as the same was as of the date of the taking of possession thereof by TENANT, ordinary wear and tear only expected. 7. Assignment and Subletting. TENANT shall not, without the prior written consent of LANDLORD, assign or sublet this Parking Lot Lease or the PREMISES in whole or in part. 8. Alterations, Additions, and Improvements. Other than Tenant numbering the spaces, which will occur within ten days of execution of this Lease which Landlord hereby agrees to , TENANT shall make no alterations in, or additions to, the PREMISES without the prior written consent of LANDLORD. All alterations, additions and improvements made to or fixtures or other improvements placed in or upon the PREMISES shall be deemed a part of the PREMISES and the property of LANDLORD at the end of the term of the Parking Lot Lease. All such alterations, additions, improvements, and fixtures shall remain upon and be surrendered with the PREMISES as a part thereof at the termination of this Parking Lot Lease. TENANT will number spaces within 10 days. 9. Inspection and Repairs. TENANT shall examine and inspect the PREMISES and notify the LANDLORD in writing of any repairs that are needed. The LANDLORD shall have no duty or obligation to inspect the PREMISES or to make repairs until the TENANT has notified the LANDLORD of the need for repairs. After written notification by TENANT of the specific items that need to be repaired, if the LANDLORD agrees that the item is in need of repair, then the LANDLORD shall, at its expense, make the repairs. 10. Destruction of the Premises. If the PREMISES are damaged to an extent such as to substantially impair TENANT'S use then the LANDLORD may, at is option, either terminate this Parking Lot Lease by written notice to TENANT or LANDLORD may repair the damage. If damage renders the PREMISES untenantable, the rental payments hereunder shall abate from time of such damage or destruction until the PREMISES are again ready for occupancy. Nothing herein shall be deemed, however, to render LANDLORD liable to repair or restore the PREMISES or to abate the rent where damage results from the act of neglect of TENANT, its employees, agents, contractors, invitees, or guests, and in such latter events the repair shall be made by TENANT at TENANT'S expense. 11. Default by Tenant. If TENANT defaults in the payment of any installation of the rent when due and payable and such default shall continue for ten (10) days, or should default be made by TENANT in the keeping or performance of any other term, condition, covenant, or agreement herein provided, LANDLORD may send TENANT a certified letter explaining the deficiency in the Parking Lot lease, or hand deliver written notice of said deficiency to TENANT or TENANT'S employees. TENANT will have five (5) days from the date of receiving certified or hand delivered letter or posted notice to correct any deficiency; otherwise, TENANT agrees to vacate within five (5) days and deliver property to LANDLORD. Should TENANT continue in default after receiving said notice and remain occupying the PREMISES, LANDLORD may immediately seek legal action for eviction of TENANT through any court of competent jurisdiction as provided by Chapter 24, Texas Property Code, including a suit for attorney's fees. LANDLORD may also change the locks on the PREMISES as set forth in Section 91.002, Texas Property Code. 12. Legal Actions. LANDLORD may, without reentering or resuming possession of the PREMISES and without terminating this Parking Lot Lease, enforce by all proper and legal suits and other means its rights hereunder including the collection of rent without waiving any other remedies. Should it be necessary for LANDLORD, to act against TENANT for non-payment of rent, all reasonable attorney's fees and court costs so incurred will be assessed against TENANT and TENANT'S agrees to pay said expenses. 13. Rent not Abated. Nothing herein shall be deemed, however, to render LANDLORD liable to repair or restore the PREMISES or to abate the rent where damage results from the act of neglect of TENANT, its employees, agents, contractors, invitees, or guests. And in such latter event or events the repair shall be made by TENANT at TENANT'S expense; provided, if the damage results from a peril covered by LANDLORD'S fire and extended coverage insurance, then the repairs shall be made by LANDLORD to the insurance proceeds available and any excess there over shall be paid by TENANT. 14. Abandoned Property. TENANT'S personal property not promptly removed by TENANT from the PREMISES at the termination of this Parking Lot Lease, whether termination shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been abandoned by TENANT to LANDLORD. Fixtures attached to the PREMISES become the property of LANDLORD. 15. Signs. Other than the sign attached as Exhibit "B" which is hereby approved, TENANT shall not install signs, advertising media, and lettering without prior written approval of LANDLORD. Attach a copy of the sign as exhibit. 16. Liability Insurance. Exhibit "C" shall control Tenant's obligation. LANDLORD shall not be required to maintain insurance against thefts within the PREMISES. TENANT'S insurance shall contain a provision naming LANDLORD as an additional insured. TENANT shall obtain the agreement of TENANT'S insurers to notify LANDLORD that a policy is due to expire at least thirty (30) days prior to such expiration. 17. No implied Waiver. No provision of this Parking Lot Lease shall be deemed to have been waived by LANDLORD unless such waiver is in writing signed by the LANDLORD. CRY MICIHVoftll R nn 18. Notice.All notices, requests, and other communication under this Parking Lot Lease shall be in writing and shall be delivered in person or sent by certified mail, return receipt requested, addressed as follows: If intended for LANDLORD: Peter M. Flynn The Catholic Center 800 West Loop 820 South Fort Worth, Texas 76108-2919 Telephone (817) 560-3300 Facsimile: (817) 244-8839 E-Mail: pflynn(aD_fwdioc.orq And John W. Crumley 501 University Centre 1 1300 South University Drive Fort Worth, Texas 76107-5737 Telephone: (817) 334-0291 Facsimile: (817) 334-0775 E-Mail: crumley1(cD-airmail.net If intended for TENANT: City Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Telephone (817) 392-6111 Facsimile: (817) 392-6134 E-Mail: And Director of Transportation & Public Works City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Telephone (817) 392-6111 Facsimile: (817) 392-6134 or at such other address, and to the attention of such other person, as the parties shall give notice as herein provided. All such notices, requests and other communications shall be J deemed to have been sufficiently given for all purposes hereof, whether actually received or not, upon deposit of both the original and copy in a post office or official depository of the United States Postal Service. 19. Binding Effect.The provisions of this Parking Lot lease shall be binding upon and unure to the benefit of LANDLORD and TENANT, respectfully, and to their respective successors, and permitted assigns. 20. Severability. If any clause or provision of this Parking Lot Lease is illegal, invalid, or unenforceable under present or future laws effective during the term of this Parking Lot Lease, then and in that event, it is the intention of the parties hereto that the remainders of this Parking Lot Lease shall not be affected thereby, and it is also the intention of the parties of this Parking Lot Lease that in lieu of each clause or provision that is illegal, invalid, or unenforceable, there be added as part of this Parking Lot Lease a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in construction of any provision (s) of this Parking Lot Lease. 21. Entire Agreement. It is expressly agreed by TENANT, as a material consideration for the execution of this Parking Lot Lease, that there are and were no verbal representations, understandings, stipulations, agreements, or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this Parking Lot Lease shall not be altered, waived, amended, modified, or extended otherwise than as provided herein, except same may be done in writing signed by each of the parties hereto. In witness whereof, the parties hereto have caused this Parking Lot Lease to be executed as the day and year first above set forth. Signed this the day of , 2006. L DLORD r Kevin W. Van, J.C.D., D.D. Bishop of the Catholic Diocese of Fort Worth By: Rev. Robert A. Wilson, Attorney in Fact for Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort Worth TENANT CitMtW AttestedRv: ABy: �r �y V— — Mai z A.&t Marty Hend ' Title: Assistant City Manager City secretary anr:r?'act Authlorizatio� APPR4 EB AS ALITY: FORMA ND ASSIST NT TORNEY CIS SHA ELAULY Ff. W0. HIS, TEX, 4 i W } oe, N W N ' W r - +. _ Aw 7 O f i t Al 7 ��r do City of Fort Worth Municipal Employees Parking Lot Sign FORTWORTH 04� 1 MUNICIPAL EMPLOYEES LOT 19 RESERVED FOR MONTHLY PARKING ONLY ALL UNAUTHORIZED VEHICLES WILL BE TICKETED AND OR TOWED AT OW►iER3 EXPENSE FOR TOWED VEHICLE o 0 CALL 817- 877- 10206.,, Exhibit "B" Exhibit "C" The City of Fort Worth is a self-funded entity subject to statutory tort laws. The City does not maintain a commercial policy of general liability insurance and/or auto liability insurance. City owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers' compensation insurance, coverage is self- funded to the $500,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained at the $1,000,000.00 policy limit. M R.1 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/6/2006 DATE: Tuesday, June 06, 2006 LOG NAME: 20CATHDIO REFERENCE NO.: **C-21482 SUBJECT: Authorize Execution of Lease Contract with Catholic Diocese of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a one-year lease and six renewal options, with the Catholic Diocese of Fort Worth at a cost of$1,800 per month to provide a parking lot to be utilized by City employees. DISCUSSION: The Catholic Diocese of Fort Worth owns one vacant lot located at 1100 Jennings Street. This lot will provide 40 spaces of additional parking for City employees Monday through Friday, 6:00 a.m. to 6:00 p.m., except on legal holidays. An agreement has been negotiated with the Catholic Diocese of Fort Worth that this lot would be leased to the City of Fort Worth at a rate of $1,800 per month ($21,600 annually). Income received from City employees for the 40 spaces that will be available for parking will provide funds to cover the lease rate and administrative costs. The rate per space will be established each year by the Director of Transportation and Public Works based on benchmarking costs for surface lots in the Central Business District (CBD). The term of the lease is for one-year which will begin on June 1, 2006 and end on May 31, 2007. An additional six year option for the City of Fort Worth to renew the lease is included in the contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Transportation and Public Works Department is responsible for the payment of the lease payments described in this lease agreement. TO Fund/Account/Centers FROM Fund/Account/Centers PE59 539120 0208500 $21,600.00 PE59 442042 0208500 $21,600.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Randy Burkett (8712) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/11/2006