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HomeMy WebLinkAboutContract 36539 (2)STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT NO. LEASE AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties, Texas (Hereinafter referred to as the "Lessee"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and Bethlehem Baptist Church of Mansfield, Inc., a Texas corporation located at 1188 West Broad St., Mansfield, Texas (Hereinafter referred to as the "Lessor"). WITNESSETH: 1. LEASED PREMISES That for and in consideration of the payment of the rentals hereinafter set out and the performance of the covenants and agreements herein set forth, Lessor has contracted with and does hereby lease unto Lessee Building #3 located at 1188 West Broad, Mansfield, Tarrant County, Texas (hereinafter referred to as the "Leased Premises"): 1. Building #3 has 1,500 sq. ft. for (2) offices, which includes spaces for private client counseling; (1) room for multi -purpose usage; (1) general purpose reception room; (1) room for storage of in -kind items and (1) kitchen facility with an adjacent storage area. Said Leased Premises is further described and delineated on a copy of the floor plan of said building, attached hereto and specifically incorporated herein as Exhibit "A". 2. TERM Unless earlier terminated in accordance with this Agreement, the term of this Agreement shall be for a period beginning October 1, 2007 and ending September 30, 2008. 3. RENT Lessee shall pay monthly rental of $600 per month, payable on or before day of each month that Lessee occupies the Leased Premises. 1 01-24-08 AOf3 4. TAXES Lessor agrees to pay all the usual and customary taxes levied and assessed against the Leased Premises and improvements during the term of the Lease. 5. TERMINATION IN THE EVENT OF NON -FUNDING This Agreement is conditioned upon the actual receipt by Lessee of funds granted by the Texas Department of Housing and Community Affairs and by Tarrant County, Texas and appropriation of funding by the City Council; if such funds are not timely forthcoming or appropriated, Lessee may, in its sole discretion, terminate this lease by thirty (30) days written notice to Lessor and Lessee shall have no further responsibility for rental payments hereunder. 6. PERMITTED USES; SUBLEASING It is understood and agreed that the Lessee proposes to use the Leased Premises for the Far Southeast Community Action Partners (CAP) Center of the Lessee; provided, however, Lessee may sublease a portion of the space in the Leased Premises. 7. MAINTENANCE; PARKING Lessor agrees to pay all cost of maintaining the Leased Premises, including plumbing, heating and air conditioning equipment, and shall keep the property in a good state of repair during the term of this lease. Lessee shall notify Lessor promptly of necessary repairs or maintenance, and Lessor shall promptly proceed to perform the same. Lessor shall provide, in addition to the Leased Premises herein provided, adequate paved parking adjacent to the Leased Premises for use by the officers, employees, program participants, guest and invitee of Lessee and the Sublessee or Sublessee herein provided for. Such parking area shall be subject to the like covenant of lessor regarding maintenance. 8. UTILITIES Lessee agrees to pay monthly to Lessor an amount equal to $50.00 to cover its portion of water and wastewater utility expenses, said amount to be payable on or before the lOfh of each month. Lessee shall be responsible for payments to the appropriate utility provider of the electric utility costs for the Leased Premises, before it shall become delinquent. Lessee also agrees to pay its own telephone installation costs and costs of telephone operation. 2 9. DESTRUCTION OF PREMISES Upon the occurrence of any casualty or per to the Leased Premises, Lessee shall give immediate notice to Lessor. If by such casualty of peril, the demised premises are, in the opinion of Lessee, rendered substantially unfit for occupancy, and Lessee does not desire to have said Leased Premises restored to the prior condition, this lease agreement shall cease and rent shall abate from the occurrence of such casualty. 10. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of the lease, venue for said action shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11. NOTICES All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such parry at the address stated below or to such other address as one parry may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: Lessee: Parks and Community Services Department Attn: Anthony Meyers 1200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With copy to: Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Lessor: Bethlehem Baptist Church of Mansfield, Inc. Attn: Rev. Michael A. Evans, Sr. Pastor 1188 West Broad Street Mansfield, Texas 76063 3 12. TERMINATION Upon the occurrence of any such event of default of the Agreement, the non -defaulting party may terminate this Agreement by giving the defaulting parry written notice of default and intention to terminate, sent United States mail, certified, return receipt requested, to the defaulting party's address specified in Paragraph 10. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. Upon receipt of such notice, the defaulting party shall have a period of fifteen (15) days from receipt of such notice within which to cure such default. If the default is not cured within fifteen (15) days, the non -defaulting parry has the option to terminate this Agreement at the expiration of the said fifteen -day period by providing notice, sent United States mail, certified, return receipt requested, to the defaulting party of its intention to terminate. Written notice of intention to terminate shall be sent United States mail, certified, return receipt requested, to the defaulting parry's address specified in Paragraph 10. 13. GOVERNMENTAL POWERS It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 14. SOLE AGREEMENT This written instrument constitutes the entire Agreement by the parties hereto concerning the lease of the facilities and obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof, shall be void. It is understood and agreed that all the provisions of this License Agreement are applicable except where specifically modified by Addendum A, in which case such Addendum shall apply. 15. INTERPRETATION In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any parry, regardless of the actual drafter of this Agreement. 16. AMENDMENT This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 0 17. CAPTIONS Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and, except as otherwise provided in this contract, their assigns. 19. SEVERABILITY In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as if such invalid, illegal or unenforceable provisions were never contained herein. Z0. NO THIRD PARTY RIGHTS The provisions and conditions of this Agreement are solely for the benefit of the Lessee and the Lessor, and any lawful assign or successor of the Lessee, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 21. AUTHORITY OF LESSORS AGENT By executing this Agreement, Lessor's agent affirms that he or she is authorized by Lessor to execute this Agreement and that all representations made herein with regard to Lessor's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. 22. ENTIRE AGREEMENT This written instrument constitutes the entire agreement by the parties hereto concerning the demised premises; and any prior or contemporaneous oral or written agreement, which purports to vary from the terms hereof, shall be void. 5 IN WITNE MAgreementy parties hereto have executed this on this 96 day of .520084 ^l Ir 1 CITY/OF FORT WORTH QDb < < a� Contract Authorization' I /Oq log, Dat APPROVED AS TO FORM AND LEGALITY: Date S� Libby Watson Assistant City Manager BETHLEHEM BAPTIST CHURCH OF MANSFI - _D/, Rev A. Evans Deacon W.O. Lawson By %7 endon Moody CJ��7V1-� 1:�Vu7.YUJ TEL 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 Libby Watson, Assistant City manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of the City of For Worth, and that she executed the same as the act of said city, for the purposes and consideration therein expressed and the capacity therein stated. GIVEN UNDER MY HAND AND SEAL, > 20P ROSELLA BARNES MY COMMISSION EXPIRES March 31, 2009 STATE OF TEXAS § COUNTY OF TA,RRANT § this the ' day of Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, on this day personally appeared Rev. Michael Evans, Sr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of the Bethlehem Baptist Church of Mansfield, Inc., and that he executed the same as the act of said church, he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL, this the 2007. day of l�Totary Public in and for the State of Texas 7 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Deacon Willie O. Lawson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of the Bethlehem Baptist Church of Mansfield, Inc., and that he executed the same as the act of said church, he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL, this the 2007. Notary Public iri and State of Texas STATE OF TEXAS 0 COUNTY OF TARRANT § day of the BEFORE ME, the undersigned authority, on this day personally appeared Deacon McClendon Moody, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of the Bethlehem Baptist Church of Mansfield, Inc., and that he executed the same as the act of said church, he executed the same for the purposes and consideration therein expressed. GNEN UNDER MY HAND AND SEAL, this the day of 2007. r Notary Public in and for the 1� State of Texas 1 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/27/2007 -Ordinance No. # 17884-11-2007 DATE: Tuesday, November 27, 2007 LOG NAME: 80TARRANT07 REFERENCE NO.: **C-22545 SUBJECT: Authorize Acceptance of Funds from Tarrant County for Fiscal Year 2007-2008 and Execution of Lease Agreement for the Operation of Two Community Action Partners Centers; Authorize Interfund Loan and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to accept funds in the amount of $22,800 from Tarrant County for Fiscal Year 2007-2008 for two Community Action Partners Centers; 2. Authorize the City Manager to execute a lease agreement with the Bethlehem Baptist Church for the Far Southeast Community Action Partners Center in an amount not to exceed $7,800 per year; and Richard Hartman for the Far Northwest Community Action Partners Center in an amount not to exceed $10,534.68 per year; 3. Authorize anon -interest bearing, interfund loan from the General Fund to the Grant Fund in the amount of $5,700 for interim financing of this grant project, pending contract execution; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grant Fund by $22,800 from available funds. DISCUSSION: The City of Fort Worth has contracted with the Texas Department of Housing and Community Affairs to serve as the Community Action Agency for Tarrant County under the name of CAP. The CAP provides services to low income residents on a County -wide basis. Tarrant County provides funding for the operation of two CAP centers. The Far Southeast CAP (located at 1188 West Broad Street in Mansfield, Texas) and the Far Northwest CAP (located at 920 Roberts Cut -Off in River Oaks, Texas) are located outside the city limits of Fort Worth. Following the approval of the Tarrant County budget, expenses incurred by the City for the operation of these centers will be reimbursed by Tarrant County. The expenses will include: 1. Lease for the Far Southeast CAP is $7,800 per year (including water/wastewater costs); 2. Lease for the Far Northwest CAP is $10,534.68 per year (not including utilities); and 3. The remaining funds of $4,465.32 will be used to supplement service at the Far Southeast CAP center and electricity, natural gas distance service at the Far Northwest CAP center. the costs for electricity and telephone water/wastewater, and telephone long http : //www. cfwnet. org/councils acket/Reports/mc�rint. asp 12/4/2007 Page 2 of 2 The Far Southeast and Far Northwest CAP Centers will continue to provide case management, information and referral services, client intake and assessment, emergency assistance, including the Comprehensive Energy Assistance Program and other social services to low income households in southeast and northwest Tarrant County. The costs to operate the referenced CAP centers are wholly underwritten by federal, state and county funds. The interim financing is requested to provide a smooth transition from one grant funding cycle to the next. Interim financing is only a temporary loan pending contract execution. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grant Funds. Upon execution of the grant contract, the interim interfund loan will be reimbursed to the General Fund. Funds will be reimbursed by grantor after expenditures are made. TO Fund/AccountlCenters GR76 220001 000422149000 5 700.00 GR76 451345 080422149000 $22, 800.00 GR76 VARIOUS 080422149010 $22,800.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GG01 136076 0000000 5 700.00 Libby Watson (6183) Richard Zavala (871-5704) Anthony Meyers (871-5775) http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 12/4/2007 Ordinance No. AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $22,800 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE OPERATIONS OF TWO COMMUNITY ACTION PARTNERS CENTERS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $22,800 from available funds for the purpose of funding the operation of two Community Action Partners Centers. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: