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Home My WebLink AboutContract 34391iv i� 1' ��CR� 1�1R�'.� � I ��a�� ;�r��r� �g� e � r LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This lease agreement (Lease) is made and entered into this, the '` day of .�� , r; F �- , 2006 the effective date hereof, at Fort Worth, Texas by and between TRINITY BLIJFF DEVELOPMENT, LTD. (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 Space of approximately 1,340 square feet, located at 800 Samuels Ave., Fort Worth, Texas 76102. 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 WOl�ll ;r, 1 7' ,.FF,7„�.,�_i..._ _rr____,. �y, � o � r CY SECTION 3. Term and Rent. This lease shall be for a period of one (1) year commencing on October 1, 2006 and terminating on September 30, 2007, 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 , the receipt and sufficiency of which is hereby acknowledged. This Lease may be automatically renewed for one (1) successive term of twelve (12) months, 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 Leased Premises. Lessee agrees to be responsible for the payment of all electricity, natural gas, water, local telephone, or other utility charges that come due and payable during the term Lessee occupies the Leased Premises. 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. Lessor shall maintain the lawn and all landscaping of the Leased Premis . ��lw� ��'� �� ` a; �, � �� G?� City of Fort Wor•th Lease Page 1 `='��a '�� , '�:''��, ��i�, Lessor shall maintain in good repair the roof, foundation, exterior walls, heating 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. If any repairs required to be made by Lessar are not commenced or made within seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease. SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 800 Samuels Ave., Fort Worth, Tarrant County, Texas 76102. 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 prernises liability. Darnages 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 6. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD HARIVILESS 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 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 AN-Y 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, �undin� and Non-Appropriation. 8.01 Termination. Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor thirty (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. City ofFor�t Wof�th Lease Page 2 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 9. Ri�ht of Inspection. Lessor reserves the right to enter upon the Premises at all reasonable times far the purpose of inspecting the Leased Premises, provided that such entry does not conflict with Lessee's rights hereunder. SECTION 10. Surrender of Leased Premises. Upon the termination of this Lease for any reason whatsoever, Lessee shall surrender possession of the Leased Prernises 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 lceys for the Leased Premises to Lessor at the place then fixed for the payment for rent and shall inform Lessor of all combinations on locics, safes, and vaults, if any, on tne Leased Yremises. 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., AND SHALL FITLLY INDEMNIFY AND HOLD HARMLESS LESSEE FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, SUITS, AND LIABILITY OF EVERY HIND, 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 MAI� 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. Assi�nment. 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 City ofFort Worth Lease Page 3 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 a�rees and understands that Lessee in no wav promises to provide increased police protection or more rapid emer�ency 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 �reater 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: Tom Struhs Trinity Bluff Development, Ltd. 2801 Bledsoe Street Fort Worth, Texas 76107 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. City ofFor�t Wo��th Lease Page 4 SECTION 16. Entire A�reement. 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 Tarr�ant County, Texas. � SIGNED this � day of , � � � � � , 20 � �r . LESSOR: TRINITY BLUFF VELOPME T, LTD. By Name: �/3� � � �u�-S Title: �� "`'' ��!�- �—�_� _.�— Cor.tr.�c� u�hori��.i�� _�_.1---� _-�� ' Date LE� C Name: Joe Paniagua �� Title: Assistant City Manager APPROVE AS TO FORM AND LEGALITY: Assistant C y Atto ATTEST: , City Secretar City of Fort Wor�th Lease Page 5 ��ji�� li�" `��' �� r�k:'i�,!b:�ll C � Y 64tl� STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this daypersonally appeared �'� �; `;"� �_'� .�--= %�,�� >�-: �_- � , known to me to be the same person whose narne is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of % �. ��1 �-, :��,E �G�-��`� and that he/she executed the same as the act of said ,%, „� ,; � %�«��=i= ,_l%f•"✓�� :�� ;",/; J for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this c�� ` �'� day of � �� l �'��" , 20�'. =i�� P�: DINA J. M�KlNNEY ;�,�:�; MY COMMISSION EXPIRES `lt,'9�; �;°� Frebrua►Y 19, 2007 - -��;..��.>� �� ..�, - ��,; �/ � � �� , �1 . � , ::�=,/. .1=�� ; �,��/ �-/ �� . ' _ � - � Notary Public�in a�d for the State of Texas� ✓ City of Fort YI'orth 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, l�own 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 1�--�"Zz—' day of ��,Z��1'k-�� , 20 G � =ot�Rvrue�c MARIA S� N%'�NVP'�L * �, NpTARY PU�I.�C STATE OF TEXAS �'�rf oF ,�-+� My Comm. Exp.12-14-2009 % �� .�� r�- - /�� No ary Public in and for the State of T as City ofFort Worth Lease Page 8 EXHIBIT A Legal Description: Lot: G Block: B Addition: Samuels Unrecorded Addition Fort Worth, Tarrant County, Texas City ofFort Worth Lease Page 9 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/14/2006 DATE: Tuesday, November 14, 2006 LOG NAME: 35SAMUELS REFERENCE NO.: **C-21843 SUBJECT: Authorize Lease Agreement between Trinity Bluff Development, LTD and the City of Fort Worth for Office Space Located at 800 Samuels Avenue for the Police Department RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Council to execute a lease agreement between Trinity Bluff Development, LTD for approximately 1,340 square feet of o�ce space located at 800 Samuels Avenue, at a cost of $1.00 per year; and 2. Authorize the agreement to begin on October 1, 2006 and expire on September 30, 2007, with one, one-year option to renew. DISCUSSION: The Engineering Department, Real Property Services Division, at the request of the Police Department, has negotiated the lease of office space to be used as a police storefront. The lease term is for one year, with one one-year option to renew. There is an annual rental charge of $1.00 for the space. The City of Fort Worth is responsible for all utility payments, including telephone service. RENEWAL OPTIONS — This agreement may be renewed for up to one successive one-year term at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. This property is located in COUNCIL DISTRICT 2. 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. TO Fund/AccountlCenters FROM Fund/Account/Centers GR79 539120 0359501 1.00 Submitted for City Manager's Office bv: Originating De�artment Head: Joe Paniagua (6140) Ralph Mendoza (4210) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007 Page 2 of 2 Additional Information Contact: Ralph Mendoza (4210) http://www. cfwnet. org/council�acket/Reports/mc�rint.asp 1/3 0/2007