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Home My WebLink AboutContract 35229, �ii`f S�CRET,�RY �Q CORITF�AC1" NO. l LEASE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § h , This lease agreement (Lease) is made and entered into this, the `'�v day of 1 , 2007 the effective date hereof, at Fort Worth, Texas by and between Square One Development, L.L.C. (Lessor), and the City of Fort Worth, a municipal coiporation, 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: Ofiice Space of approximately 1,200 square feet, located at 1215 South Henderson , Fort Worth, Texas 76109. 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 Worth. SECTION 3. Term and Rent. This lease shall be for a period of four (4) months commencing on March 15, 20 07 and terminating on Julv 14 , 20 07, unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent in the amount of Seven Hundred Fifty and No/100 Dollars per month. All rental payments shall be payable to Lessor at the location of notice set forth in Section 15 of this Lease. Following the initial four (4) month term of this Lease, Lessee's tenancy shall be on a month to month basis under the same terms and conditions of this Lease and shall continue until the Lease is terminated by either party as set forth in this Lease. The rental payment shall be made to the Lessor on the first day of the term and each month thereafter including any extension of the Lease. Rent for any partial calendar month shall be prorated on a per diem basis. SECTION 4. Security Deposit. Upon execution of this Lease, Lessee shall pay to Lessor the sum of Seven Hundred Fifty and No/100 Dollars as a security deposit for the performance of Lessee's covenants and obligations hereunder. If, at the end of the lease term, Lessee has fully complied with all provisions, covenants, and obligations as required herein, the security deposit sum shall be returned to Lessee, without interest. - -- j . � , ,, �;,(Ir I, I 1�/ �J i 1��, � J J-•�. � 1,� � 1J `•�J �J`i tJ: NR �l�i �.i CityofFortWorthLeasePage 1 (� ��r �i51��j��s�G ,� � �q e�,;�,��Sl�� ,�� ;� �.��:�, �,,�; �,�(�,� J � � � 3 'ti l:/ :�: J N� L. ��• 0 SECTION 5. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessee agrees to be responsible for the payment of all electricity, natural gas, local telephone, or other utility charges that come due and payable during the term Lessee occupies the Leased Premises. Lessor agrees that Lessor will pay for water for the Premises, provided usage is within normal amounts. Additionally, Lessor agrees to pay all taxes and insurance as they come due. Lessee shall keep the Leased Premises in good, clean and habitable condition, normal wear and tear excepted. Lessor shall maintain in good repair the roof, foundation, and exterior walls of the Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation, and exterior walls of the Leased Premises. If any repairs required to be made by Lessor are not commenced or made within seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease. SECTION 6. Insurance. Lessor agrees to insure the structure and premises of 1215 S. Henderson, Fort Worth, Tarrant County, Texas 76109. 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 premises liability. Damages 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 7. Liabilitv and Hold Harmless. LESSOR SHALL NOT BE LIABLE FOR AND, TO THE EXTENT PERMITTED BY LAW, LESSEE WILL INDEMNIFY AND HOLD LESSOR H�LMI ESS OF AND FROM ALL FINES, SUITS, CLAIMS, DEMANDS, LOSSES, AND ACTIONS (INCLUDING REASONABLE ATTORNEY'S FEES) FOR ANY INJURY TO PERSON OR DAMAGE TO OR LOSS OF PROPERTY ON OR ABOUT THE PREMISES CAUSED BY THE NEGLIGENCE OR MISCONDUCT OR BREACH OF THIS LEASE AGREEMENT BY LESSEE, ITS EMPLOYEES, SUBTENANTS, INVITEES, OR BY ANY OTHER PERSON ENTERING THE PREMISES OR THE BUILDING UNDER EXPRESSED OR IMPLIED INVITATION OF LESSEE, OR ARISING OUT OF LESSEE'S USE OF THE PREMISES. LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY PROPERTY OR DEATH OR INJURY TO ANY PERSON OCCASIONED BY THEFT, FIRE ACT OF GOD, PUBLIC ENEMY, INJUNCTION, RIOT, STRIKE, INSURRECTION, WAR, COURT ORDER, REQUISITION, OR OTHER GOVERNMENTAL BODY OR AUTHORITY, BY OTHER TENANTS OF THE BUILDING, OR ANY OTHER MATTER BEYOND CONTROL OF LESSOR, OR FOR ANY INJURY OR DAMAGE OR INCONVEl�TIENCE WHICH MAY ARISE THROUGH REPAIR OR ALTERATION OF ANY PART OF THE BUILDING, OR FAILURE TO MAKE REPAIRS, OR FROM ANY CAUSE WHATEVER EXCEPT LESSOR'S INTENTIONAL OR GROSSLY NEGLIGENT ACTS, OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LEASE AGREEMENT. City ofFort Worth Lease Page 2 ARTICLE XI SECTION 7 OF THE TEXAS CONSTITUTION PROVIDES THAT A CITY IS PROHIBITED FROM CREATING A DEBT UNLESS THE CITY LEVIES AND COLLECTS A SUFEICIENT TAX TO PAY THE INTEREST ON THE DEBT AND PROVIDES A SINKING FUND. THE CITY OF FORT WORTH HAS NOT AND WILL NOT CREATE A SINKING FUND OR COLLECT ANY TAX TO PAY ANY OBLIGATION CREATED UNDER THIS SECTION. SECTION 8. Fiactures. 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 9. Termination, Fundin� and Non-Appropriation. 8.01 Termination. Lessor shall have the right to terminate this Lease at any time for any reason unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee 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. Lessee shall have the right to terminate this Lease at any tune for any reason by giving Lessor 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. 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-Annropriation. 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. Right of Inspection. 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 11. 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 City of Fort Worth Lease Page 3 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 fiuniture and equipment. Additionally, if Lessee modifies the Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee. SECTION 12. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Premises, and on the basis of such inspection Lessee hereby accepts the Premises, and the building and improvements situated thereon, as suitable for the purposes for which the same are leased. In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, or air conditioning and heating equipment are not in good working condition on the commencement date of this Lease, Lessor agrees to repair promptly any such defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. 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 pernutted 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 a�rees 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 nrovide 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: Square One Development, L.L.C. 1320 College Ave. Fort Worth, Texas 76104 City of Fort Worth Lease Page 4 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. 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. 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 Tarrant County, Texas. . SIGNED this �_ day of � , 20 �� —f� Title: Partner ?MENT L.P. LESSEE: CITY � , By: !�;'� �/ f ;' ( , � l Name: Joe Paniagua �y FORT WORTH Title: Assistant City Manager City of Fort Worth Lease Page 5 APPROV AS TO FORM AND LEGALITY: �_. A sistant ity ttorney ATTEST: . .�ta�/ ( � � M& C Number :� 4 �� . �,_ ,.. � �� Contract Number: �r �- ,,, , : �,�;�,,.; � � � 1�' G �1 C �.J�J��L.>�G�!!�o }.S'vVl��'f ! �t II N�r�� (,�i �ii��i �It ..}i, City ofFort WorthLeasePage 6 � `=��J L �'��'°�� }�� ' ,-.-, �; � cI� I�S� ig JS �o �';, : ��✓ �1:� J 6� � Il !S ��, � t_e�-_ — 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 -� <; , 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 .� r� :'tii t� �•�� .� and that he/she executed the same as the act of said � � ., � �,. ,, l �� ; �- � : : F � % � �- �- � for the purposes and consideration therein expressed and in the capacity therein stated. i GIVEN LTNDER MY HAND AND SEAL OF OFFICE this ; day of �p � F�,�,� �p�lV iGiIGP�N �!�t�ry Pe�1ic p � Si�'TE �� iEXAS `�� 4�y Ce�r�r�. E%c�.0810�8200� , 20 � / ' � �`�' % � �.,� Notary Public in and for the State of Texas City ofFort Worth 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, 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 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 q�S7'� day of _ .. � �0(�RYPUB�C MARIA �a. 5ANCM�Z * � � NOTARY PUBLIC STATE OF TEXAS N'+rE aF ,�+� My Comm, Exp.12-14-2009 , 20� � • Not y Public in and or the State of Texas City of Fort Worth Lease Page 8 � EXHIBIT A Legal Description: Lot: 13 Block: 4 Addition: McClellands Sub Blk 14 F W City of Fort Worth Lease Page 9 Page 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/10/2007 DATE: Tuesday, April 10, 2007 LOG NAME: 35SQUAREONE REFERENCE NO.: **C-22054 SUBJECT: Execution of a Lease Agreement Between Square One Development, L.L.C. and the City of Fort Worth 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 between Square One Development, L.L.C. and the City of Fort Worth for approximately 1,200 square feet of office space for Police operations, at a cost of $750.00 per month; and 2. Approve the lease term of four months commencing on March 15, 2007 and expiring on July 14, 2007. DISCUSSION: The Engineering Department, Real Property Services Division, at the request of the Police Department, has negotiated a lease agreement for approximately 1,200 square feet of office space as a temporary facility to accommodate Police personnel currently without space required for continued operations. The lease term is for four months. Upon expiration of the four month term, tenancy will continue on a month-to-month basis until termination occurs under the terms and conditions of the lease. The monthly rental is $750.00, with a security deposit of $750.00, which will be returned to the City at the end of the lease term provided all terms and conditions of the lease agreement have been met. The City is responsible for the payment of telephone service and installation, and all utilities with the exception of water. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0356301 $3,750.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Joe Paniagua (6575) Ralph Mendoza (4210) Ralph Mendoza (4210) http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/24/2007