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HomeMy WebLinkAboutContract 36625 (2)I LEASE AGREEMENT STATE OF TEXAS COUNTY OF TARRANT Ci T Y SECRE TART( CONTRACT NO. ILQL This lease agreement ("Lease) " is made and entered into this 8 day of .� 2008, the effective date hereof, at Fort Worth, Texas by and between Estate of Dwight andler (herein called "Lessor") acting by and through Linda Gail Grimes, Executrix, and the City of Fort Worth, a municipal corporation (herein called "Lessee"), acting by and through its duly authorized representative, Joe Paniagua, Assistant City Manager. 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 Lessee n s eases from Lessor: tal payments to be paid under this Lease, Lessor leases to Lessee d 1. d Additionan addition of Unimproved property located at Lot 4, Block 14, Linwoo, the City of Fort Worth, Tarrant County, Texas, with a street address of 2901 Merrimac Street; and 2. Improved property located at Lot 23, Block 14, Linwood Addition, Property, an with a street address of addition of the City of Fort.Worth, Tarrant County, Texas, 2822 W. 5' Street, Fort Worth, Texas 76102 and building thereon of approximately 12,900 sq ft. The above properties, together structures,4k and all fixtures and shall be referred to as the Leased Premises appurtenances thereon, there under or over, SECTION 2. Use of premises. The Leased Premises shall be used as a vehicle maintenance center, fleet operations center, garage parking, office, and warehouse space. SECTION 3. Lease Term. This Lease shall be for a period of 4 years commencing on February 1st, 2008 and terminating on January .51, 2012 unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. At the Lessee's sole discretion, (1) the Lease may be extended for up to two one-year terms, or (2) the Lessee may convert to a month -to -month Lease upon the expiration of the Lease. Lessee is not obligated to extend the term or convert the Lease. SECTION 4. Rent. Section 4.01. The rent to be paid by Lessee shall be as set forth below in Section 4.02, and such rent shall be paid to Lessor at: Linda Grimes, 713 Oak Forrest Drive, FT Worth, TX 76114. rbl i Section 4.02. Lessee shall pay to Lessor rent du ng the Term in an amount equal to Sixty One ^ �^ Thousand Two Hundred and Seventy Five Dollars and 00/100 ($61,275.00) per y a of Five Thousand, One Hundred Six and 25/100 Dollars ($5 1 0, � � It monthly installmentsv9�1i ley LA: Opp City of Fort Worth Lease Page 1 rent shall be due and payable on the first of each month during the term of the Lease Notwithstanding the above, the monthly rental payments for lease months one and two will be in the amount of $0.00. Rent shall be paid at Lessor's address stated in Section 4.01 or such other address as Lessor may designate. first and last Section 4.03. If the Lease commences after the first day of the month, od less than a full month shall beeprorated based payments shall be prorated. Rent for any pen upon the actual number of days occupied over the number of days in the month. SECTION 5. Taxes Insurance Utilities Care of the Leased Premises. Lessee agrees to be responsible for the payment of all electricity, water, natural gas, local telephone, or other utility charges that come due and payable during theLessee occupies nsuran eas they comdue. e Lessee shalLeased l keep Additionally, Lessor agrees to pay all taxes and 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, HVAC, water and sanitary sewer lines 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. d Premises. Such insurance shall SECTION 6. Insurance. Lessor agrees to in the Latsedamage for the p operty owned by provide protection for liability, fire and casualty, and propery the Lessor, situated at, and including, the Leased Premises. Verification of this coverage shall be provided to Lessee prior to the execution of this Lease. 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 self4unded 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. TS SECTION 7. Indemnification Liability and Hold Harmless. AND DEFEND LES EEA AND AGREES TO RELEASE, INDEMNIFY, HOLD AGAINST ANY AND OFFICERS, AGENTS, SERVANTS, AND EMPD�AGEF OM AND INJURY, OR ANY ALL CLAIMS OR SUITS FOR PROPERTY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE OCCUPANCY OF ELATED IN TH LEASED WAY TO THE EXISTENCE OF THIS LEASE OR THE ISE OR PREMISES. LESSOR COVENANTS AND AGRETISIE � ESSEE,�SITS OFFI�RS,AGENTIS, REIMBURSE, AND HOLD HARMLESS City of Fort Worth Lease Page 2 ALL AU S OF EMPLOYEES AND VOLUNTEERS AGAINST ANY OA AT ON C OFSEANY ACANDN A R ENVIRONMENTAL DAMAGES OR THE V ENVIRONMENTAL REQUIREMENTS RESULTING FROM LESSEE'S USE OF THE LEASED PREMISES. SECTION 8. Fixtures/Improvements. 8.01 Lessee shall not make any alterations or improvements he Leased mechanical Premises plumbing or may affect the structure of the building, or which may affect the electrical systems of the building, without first securing Lessor's prior written consent thereto, which consent shall not be unreasonably withheld. 8.02 Lessor agrees to allow Lessee to make modificationwhich d renovation essee will be to thusing the e Leased Premises as mutually agreed to support the purposes for wlu Leased Premises. All costs associated with the renovations will be at the sole expense of the Lessee. 8.03 Lessor herein agrees that no propertycir ums stances, become a fixture, and that Lessee shall representative of Lessee, shall, under anytime reserve the right to remove any and all such property or equipmenty. Lessortany farther agrees thattLe of this Lease, or subsequent to its termination y either owned or installed by Lessee, for any reason will, at no time hold or retain any property whatsoever. SECTION 9. 9.01 Termination. Lessor shall have the right an of the termss expressed her m by giving reason unrelated to Lessee's default or breach o y Lessee 90 days' written notice prior to the intended termination inat o date. The e prepaid, notice certishall be deemed effective when deposited by Lessor in United Stpostage ed mail, return receipt requested, addressed to Lessee. Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor 30 days' written notice prior to the intended termination date. Thenotice shall be ded eemed if efective return when deposited by Lessee in the United States mail, p postage prepaid, receipt requested, addressed to Lessor. rm or If this Lease is terminated under this section, ri afurtheruobh gat on or liab lity to the otherlt of the expiration of the Lease e der any renewal period, neither party shall hav y this Lease. Lessor and Lessee shall be bound by the terms, covenants s of whether the date of surrender herein until Lessee surrenders the Leased Premises, rega dles coincides with the date of termination of the Lease. inate in 9.02 Funding and Non -Appropriation. This Lease ufficientlfundsnto satisfyhany obligation of governing body of Lessee shall fail to appropriate e event that the on shall be effective as of the last day of the fiscal period for ��v Lessee hereunder. Terminati �rlvi A PAY City of Fort Worth Lease Page 3 er sufficient funds were appropriated or upon expenditure nlclau clauseappropriated be nds5 w cnev to this non-approp further comes first. Termination pursuant penalty or expense to either party& Premises at all t of Inspection. Lessor re SECTION 10. Riahserves the right remiseseTprov proupon vided at such entry reasonable times for the purpose of inspecting the Lease does not conflict with Lessee's rights hereunder. During the last 180 days of the lease, Lessor may place a "For Lease" or similarly worded sign in the leased premises. With advance notice to and approval by the Lessee, Lessor may show the property to prospective tenants. r any SECTION 11. Surrender of Leased Premises. ion of the Upon the Leased Prremnation of ises insthe osame reason whatsoever, Lessee shall surrender possessthe Lese, Premises were in upon laurrenderal keys for of possession condition as the Leased the Leased Premises reasonable wear and tear excepted. Lessee also shall for rent and shall inform Lessor of all to Lessor at the place then fixed for the payment combinations on locks, safes, and vaults, if any, on the Leased Pref the 1Lease;eand Lessee hall be its furniture and equipment on or before the termination o l of ture responsible for repairing Png any damage to the Leased Premis remiseses sed by the wi h alterations, aaddi ons or and equipment. Additionally, if Lessee modifies the improvements made or installed by Lessee, Lessor, upo n the termination of this Lease, shall have d that Lessee remove some or all of such alterations, additions, or the right to deman improvements made by Lessee. SECTION 12. Acce tance of Leased Premises. Lessee Lessee hereby accepts the Premowledges that Lessee has ises, inspected the Premises, and on the basis of such inspection r thep oses for which the and the building and improvements situatedth �plumbi g fixtures, electrical same are leased. In the event any presently installed plumbing wiring, lighting fixtures, or air conditioning and heatingequipment a 1 eese to repair promptly anysuch condition on the commencement date of this Lease, Les gz defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. t this Lease without the prior SECTION 13. Assignment. Lessee shall not assign or aI this Lease shall be binding on he written approval of Lessor. Upon issuance of such approv erinitted b the successors, and lawful assignees of Lessor and the successors of Lessee, aspAny by terms of this agreement and by the laws of the State of tot a lawful a s ggnmentaor sublea tese shall or entity using or occupying the Leased Premises 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�morep es ara id emergency response time because d understand that Lessee in no way promises to provide increased police protection o of this Lease. No special relationship shall exist between Lessor or Lessee because of this Lease City of Fort Worth Lease Page 4 other than that of Landlord and Tenant. Lessee shallprovide of e o greater Fort Worthrotection to Lessor than is provided to all other residents and businesses SECTION 15. Notices. Notices required o beeement made d, howeever, that each party reserves the the following persons at the following addresses, p 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: Linda Grimes 713 Oak- Forrest Drive FT Worth TX 76114 All notices to Lessee shall be sent to: Fort Worth Police Department Administrator, Fiscal and Equipment Management 350 West Bellmap Street Fort Worth, Texas 76102 With a copy to: City of Fort Worth Real Property Services 1000 Throckmorton Street Fort Worth, Texas 76102 And a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 All time periods related to any notice requ.he nnotice pecified in the Lease shall commence upon the terms specified in the section requiring ire SECTION 15. Entire Agreement. This Lease shall emeither oral ortwrittene pertaining to ement of the Lessor and Lessee, and shall supersede any prior afireents the Leased Premises.to 00 City of Fort WortTz Lease Page 5 L11\..:. CI g SECTION 16, 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 17. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] City of Fort Worth Lense Page 6 SIGNED this day of LESSOR: ESTATE OF DWIGHT CHANDLER By: LESSEE: r V4 L Jt �; I A lAwev By: Name: Linda Gail Grimes Title: Executrix APPROVED AS TO FORM AND LEGALITY: ATTEST: Name: Joe I I W4M FORT WORTH Title: Assistant City Manager City of Fort Worth Lease Page 7 ACKNOWLEDGEMENT 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 Linda Gail Grimes, Executrix, 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 Linda Gail Grimes, Executrix, and that she executed the same as the act of the Estate of Dwight Chandler, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2008. . Ar°•afiEAL.WILSON `"� Notary Public �, xp• TEXAS0" TTTEe.2,fTAE OF 0 Notary Public in and for the State of Texas City of Fort Worth Lease Page 8 ACKNOWLEDGEMENT 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 2008. MARIA S. SANCMEZ NOTARY PUBLIC STATE OF TEXAS My Comm. Exp.12-14-2009 W Public in Gity of Fort Worth Lease Page 9 .3�— day of for the State of Page 101 City of Fort VI/orth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/22/2008 DATE: Tuesday, January 22, 2008 LOG NAME: 352822W5TH REFERENCE NO.. **C-22630 SUBJECT: Authorize the City Manager to Execute a Lease Agreement with the Estate of Dwight Chandler, Acting By and Through Linda Gail Grimes, Executrix, for the Police Fleet Operations Center, Located at 2822 West 5th Street and 2901 Merrimac Street, for the Police Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement for approximately 12,900 square feet of improved property located at 2822 West 5th Street and unimproved property located at 2901 Merrimac Street, from the Estate of Dwight Chandler, acting by and through Linda Gail Grimes, Executrix, at a cost of $5,106.25 per month. DISCUSSION: The Engineering Department, Real Property Services Division, at the request of the Police Department, has negotiated a lease for space to relocate the existing Fleet Operations Center. Police Department staff began looking for alternate sites once it was determined that a portion of the existing facility would be demolished as a result of the right-of-way needs for State Highway 121. In addition, the existing facility does not provide adequate space to service or store vehicles for the department's fleet. The Fleet Operations Center provides make ready services and ongoing fleet maintenance for police vehicles and specialty equipment. The lease term is for four years, commencing February 1, 2008, and terminating on January 31, 2012, with two one-year options to renew, or conversion to month -to -month at the expiration of the lease. The City is responsible for payment of all utilities, including installation of telephones and any mutually agreed property modifications or renovations deemed necessary. The new Fleet Operations Center will be located in COUNCIL DISTRICT 9. RENEWAL OPTIONS -This agreement may be renewed for up to two successive one-year terms 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. 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 http: //www. cfwnet. org/c ouncil�acket/Rep orts/mc�rint. asp 2/14/20( Submitted for City Manager's Office my Originating Department Head: Additional Information Contact: GG01 537010 0357200 Joe Paniagua (6575) Ralph Mendoza (4210) Kara Shuror (4221) Page 2 $61,275.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/14/200