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HomeMy WebLinkAboutContract 52031 19-090 FORT WORTH INDEPENDENT SCHOOL DISTRICT 100 N. UNIVERSITY,SUITE NE 140-B CITY3ECRETARY FORT WORTH,TEXAS 76107 1ONTRACTNO._ 5X731 RENTAL AGREEMENT This agreement is made and entered into on the 6th day of March 2019 ,by and between the FORT WORTH INDEPENDENT SCHOOL DISTRICT,a political subdivision of the State of Texas,referred to in this Rental Agreement as"LESSOR",and City of Fort Worth/Botanic Garden 200 Texas Street Fort Worth,TX 76102 (Name and StreetAddress of LESSEE) referred to in this Rental Agreement as"LESSEE." The responsible contract persons for the parties under this Rental Agreement are: For LESSOR: For LESSEE: Mike Naughton Susan Alanis Telephone Number: 817-814-2060 Telephone Number: FOR AND IN CONSIDERATION of the rentals herein specified and other promises and covenants of LESSEE, LESSOR agrees to rent to LESSEE the following described real property and improvements located in Tarrant County,Texas: Farrington Field 1501 University Dr.,Fort Worth,TX 76107 Facility Name FacilityAddress Parking Lot-East Parking Lot (Description of Specific Building(s)or Parts of Buildings) 500 spaces closest to Billingsley Field House (and More Particularly Described in ExhibitA Attached to and Incorporated in this Lease). 1.LEASED PREMISES: Such property and improvements herein above described are referred to in this lease as"the Leased Premises"or"the Premises." 2.TERM: This Rental Agreement shall be for a period beginning 03/09/19 and ending 05/12/19 hereinafter called the"Rental Term"). LESSEE shall be entitled to use such premises,during such Rental Term: March 9-31 Everyday 7:00 PM-10:00 PM;April 4-7,April 11-14,April 18-21,April 25&28, May 9-12-7:00 PM-10:00 PM (Specify Hours or Days of Use,if Appropriate,and Any Limitation on Exclusive Possession During Term) 3.USE OF PREMISES: Overflow Parking (Specify use to be made of facilities) 4pR i Z OFFICIAL RECORD C1N C,F 5�R�If��Y c�� CITY SECRETARY 1 FT WORTH,TX 19-090 4.RE TAL: As rent for such premises,LESSEE shall pay LESSOR the total sum of. $ Seven Thousand Nine Hundred Twenty Dollars($7,920.00) payable in advance of occupancy on or before the 31st of March ,2019. The payment should be delivered or mailed to the following address: Accounting Department,100 N. University Dr.,Suite NE 1408,Fort Worth, TX 76107 Occupancy and/or use of the facilities requested above will not be allowed without payment in full of the rental fees within the times specified above. 5. CANCELLATION PROVISIONS: If LESSEE cancels this Rental Agreement at least 48 hours prior to the time LESSEE has the right to take possession of the Leased Premises,LESSEE will be refunded the rental fee paid in full. After that time LESSEE will be refunded 50%of the rental fee paid if cancellation occurs prior to 24 hours of LESSEE's right to take possession of the Leased Premises,as liquidated damages to LESSOR. After that time,LESSEE will forfeit the entire amount paid as liquidated damages to LESSOR. Cancellations due to acts of God,such as a natural catastrophe which no one can prevent,e.g.earthquake,fire,flood,hurricane,or due to adverse weather conditions which prevents the use of an outdoor athletic facility for its intended purpose,are excluded from these cancellation and/or forfeiture provisions. A refund due LESSEE,if any,will be paid to LESSEE and mailed to the address provided above within 30 days of the date of cancellation. 6.DEPOSIT: In addition to,and not in lieu of,the rental amounts specified above,LESSEE has paid to LESSOR contemporaneously with the execution of this Rental Agreement,the sum of $ -0- as a Deposit to insure the payment by LESSEE of any unexpected costs incurred by LESSOR as a result of LESSEE's occupancy. This Deposit shall be refunded to LESSEE within thirty(30)days of the expiration of the Rental Term,provided that no later than ten(10)days after the expiration of the Rental Term,LESSEE has fully paid and satisfied all of its obligations under this Rental Agreement. If LESSEE fails to pay for any such damages,or unexpected costs, or fails to comply with its other obligations under this Rental Agreement,LESSOR may deduct all amounts owed up to the total of the Deposit;and within such thirty(30)day period,will furnish LESSEE a written itemized list of the deductions made from such Deposit,together with the refund of the balance,if any. This Deposit provision,however,shall not be construed as a limitation on the amount of actual damages which may be claimed and recovered by LESSOR against LESSEE growing out of this Agreement. 7. KEYS: It is understood that LESSEE will not be provided any keys to LESSOR's premises or to the leased premises under any circumstances,and that LESSEE is to make all advanced requests for access to facilities prior to the rental event taking place. 8.UTILITIES FURNISHED: LESSOR hereby agrees to furnish to LESSEE during the Rental Term electrical services for the ordinary use of the leased premises(and specifically excluding any electricity required for any appliance or machinery that requires current or electrical service in excess of 1,000 watts per receptacle within any twenty-four hour period)together with heating and/or air conditioning sufficient to make the leased premises comfortable for ordinary use,and water service and sewage service for ordinary uses and for no other purpose. 9.OTHER SERVICES: LESSOR will also furnish the following additional services,equipment,and/or appliances to LESSEE and shall make additional charges,therefore,if any,as specified as follows: Lights turned on 7:00 PM-10:00 PM LESSOR is not providing any facilities,equipment or services not explicitly set forth in this Rental Agreement, including,but not limited to,kitchen facilities,a podium,special lighting,microphones,speakers or amplification equipment,security or police services,or athletic equipment. 2 19-090 10.AGREEMENTS AND COVENANTS OF LESSEE: (a) LESSEE agrees that it shall take the premises as is(unless there is a specific stipulation to the contrary in this Rental Agreement),and that LESSEE shall maintain the leased premises and any equipment, furniture,appliances and/or other improvements on such premises and that it will reasonably repair or replace any such furniture,equipment,appliances,or other improvements damage or destroyed during such time that LESSEE has the right to use and possess the premises under this Agreement to the extent permitted by law. LESSEE,at the end of the Rental Term,shall return the premises and all equipment,furniture,appliances and improvements to the LESSOR in good repair and working order,undamaged and properly functioning; (b) LESSEE agrees that it will not permit any damage to any portion of the leased premises by the erection or removal of equipment. In the event damage is done,LESSEE hereby covenants and agrees to reimburse LESSOR all reasonble costs of repair to the extent permitted by law; (c) LESSEE and LESSOR will comply with all laws,ordinances and regulations,federal,state and local,including all school policies and ordinances of any city or other political subdivision in which the premises are located,including the City of Fort Worth,where applicable,and all rules,regulations,and requirements specifically made by the appropriate Fire Marshall having jurisdiction over the leased premises,in connection with the activities to be carried on by LESSEE on the leased premises and the occupancy and use of the premises by LESSEE hereunder. LESSEE further agrees to obtain and pay for all necessary permits,licenses,taxes or other fees or assessments charged in connection with its use of the leased premises. LESSEE further expressly agrees that it will not perform any act on the leased premises during the Rental Term in violation of any such laws,ordinances,rules,policies and other requirements, and that if LESSOR calls the attention of LESSEE to any such violation by LESSEE or by any employee or agent of LESSEE or by any person admitted to the leased premises by LESSEE(which the LESSOR may not be obligated to do),LESSEE will immediately desist from and correct such violation or be required to vacate the premises. It is specifically agreed and LESSEE acknowledges that it is LESSEE's sole responsibility to meet every requirement of the Federal Copyright Act and to pay all licensing agencies,as outlined in the Act. (d) LESSEE agrees that no materials of any kind shall be nailed,tacked,screwed or otherwise attached to any part of the leased premises,surrounding buildings,or to any of the furniture,fixtures,appliances, or equipment of the LESSOR on such premises without the express written consent of LESSOR; (e) LESSEE agrees it will not use more than 1000 watts of electrical energy from any single electrical outlet on the premises during any twenty-four(24)hour period; (f)LESSEE agrees that it shall not permit to be done anything upon any portion of the leased premises that would in any way conflict with the terms and conditions of any insurance policy insuring the leased premises or any part thereof,nor should any conduct on the leased premises cause an increase in the rate of fire insurance on the leased premises or in any way destruct or interfere with any right of any tenants of such leased premises,or to injure or annoy such tenants; (g) LESSEE acknowledges and agrees that it does not have the right under this Rental Agreement to sell, serve,give away,allow the consumption of,or advertise alcoholic beverages of any kind on the leased premises or in connection with its activities on the leased premises. 3 19-090 (h)LESSEE acknowledges and agrees that it does not have the right under this Rental Agreement to sell serve,give away,allow the consumption of,or advertise tobacco products of any kind on the leased premises or in connection with its activities on the leased premises. (i) LESSEE acknowledges that it has no right to assign this Lease or any other rights it may have hereunder, nor suffer the use of the premises other than as specified herein,nor sublet premises or any part thereof without written consent of LESSOR; (j) In the event LESSEE has leased the premises for the purpose of presenting or staging a"public event"as that term is defined in ordinances of the City of Fort Worth,LESSEE,shall furnish security personnel in such number and in such manner as prescribed by the director of public events of the City of Fort Worth at its sole cost and expense. 11.VENUE: This Agreement is executed in and performable in Tarrant County,Texas and venue for any administrative or judicial proceeding relating to this agreement shall be in Tarrant County,Texas. EXECUTED on or effective as of the date first written above. FORT WORTH INDEPEMDENT SCHOOL DISTRICT: CITY OF FORT WORTH/BOTANICAL GARDENS: ��/ L� BY: BY: ��-�(1�--Q4, Nlike Naughton S sa Alanis Director of Facilities&GIS Assistant Citv Manager Title Title Date Date ~VAD AS TO FORM AND LEGALITY: Zu t�` T— �rsP ��r s�4k�� ;s�� a►��C: ri1� L:\Leases&Rentals\Rentals 2018-2019\19-000 Rental Agreement RaCDMM40&aL b.(/ A . .� OR 0.-• C3�' = ave44A. pscsa^ rasfaQs'&b W Y = P1 e , City Secre �:ac$.rw.d• OFFICIAL RECORD 4 CITY SECRETARY Ft WORTH,,TX Fort Worth ISD / `�ti t 0 o'" 100 N University Drive Fort Worth,TX 76107 Phone (817) 814-2150 Fort Worthj Fax: (817) 814-2146 INDEPENDENT SCHOOL DISTRICT BILL TO: DATE: March 6, 2019 City of Fort Worth/Botanic Garden INVOICE #: 19090 ATTN: Susan Alanis CUSTOMER#: 200 Texas Street DUE DATE: March 31, 2019 Fort Worth, TX 76102 DESCRIPTION AMOUNT FOR THE USE OF: Farrington Field Parking Lot- East Parking Lot 500 spaces closest to Billingsley Field House Rental Fee Mar. 9-31 (22 days) 3 Hours @ $50.00 3,300.00 Apr.4-30 (Thur-Sun Only)- 22 days 3 Hours @ $50.00 3,300.00 May 9-12 (4 days) 3 Hours @ $50.00 600.00 Utility Fee Mar. 9-31 (22 days) 3 Hours @ $5.00 330.00 Apr.4 -30 (Thur-Sun Only)-22 days 3 Hours @ $5.00 330.00 May 9-12 (4 days) 3 Hours @ $5.00 60.00 MAKE CHECK PAYABLE TO: Fort Worth Independent School District Attn: Facility Rentals 100 N. University Drive Fort Worth,Texas 76107 TOTAL DUE $ 7,920.00 PERMIT TO USE FACILITIES WILL BE PROVIDED AFTER PAYMENT IS RECEIVED.