HomeMy WebLinkAboutContract 35894 "'ITY SECRETAR'Y'�
. ONTRACT No.
LEASE AGREEMENT
STATE OF TEXAS ` §
COUNTY OF TAR ANT §
his Lease agreement (Lease) is made and entered into this, the Ld�ay of
2007 the effective date hereof, at Fort Worth, Texas by and between the Texas
Christian University ("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 1,600 square feet, located at 2900 West Berry Street, Fort
Worth, Texas 76129.
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, including off-duty police officers.
SECTION 3. Term and Rent. This Lease shall be for a period of one year commencing on
June 1, 2007 and terminating on May 31, 2008, 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 per year,the receipt and sufficiency of which is hereby acknowledged.
SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor agrees to be
responsible for the payment of all natural gas and water charges that come due. Lessee agrees to
responsible for electrical, 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 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 th
roof, foundation, exterior walls, heating, air conditioning, electrical, and plumbing o_f+ the-Lease
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.
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SECTION 5. Insuranl e. Lessor agrees to insure the structure and premises of 2900 West Berry
Street, Fort Worth, Tarrant County, Texas 76129. 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 6. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS 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 ANY 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, Funding 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
sixty (60) 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 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.
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
City of Fort Worth Lease Page 2
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date
of surrender co.iticides with the date of termination of the Lease.
8.02 Funding and Ndn-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. 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 10. 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
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 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 FULLY INDEMNIFY AND HOLD HARMLESS LESSEE
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, SUITS, AND
LIABILITY OF EVERY KIND, 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 MAKE 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. Assignment. 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
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.
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SECTION 14. Police Protection. Lessor agrees 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 provide no greater 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:
Texas Christian University
P.O. Box 297041
Fort Worth, Texas 76129
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
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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 0'7
LESSOR: Texas Christian University LESSEE: CI Y F T WORTH
By: - By:
Brian G.G '
Name: Name: Joe Paniagua
Title: Vice Chancellor for Finance&Administration Title: Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
" c C- ����
ATTEST:
I � ,
City Secretar
City of Fort Worth Lease Page 5 &
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRA.NT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared &�,a 1r. &jJ/jfyf/C Z , known to me to be
the same person whose name is subscribed to thee�foregoing instrument, and acknowledged to
me that the same was the act of /r!'a✓1 Lg. �Y��z and that he executed the
same as the act of said kI S Nr(S�&r7 u/�!��✓SI�ffor the purposes and consideration
therein expressed and in the capacity therein stated. "��✓✓✓✓
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
U t , 2007.
Lu t Jtlt &0
Notary Public in and for the State of Texas
�ppY BARBARA C CONE
. .: NOTARY PUBLIC
•'•'��9TE Oi t�+Py::
State of Texas
Comm.Exp.07-11-2010
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ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRY T §
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 Pa.niagua, 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 day of
2007.
�o`PAV�ub`c MARIA S,SANCHEZ NOTARY PUSUC
STATE OF TEXASJ4��-Ar
2
My comm.FxP.12-14-2009 Notdry Public in and for the State of T xas
City of Fort Worth Lease Page 7
EXHIBIT A
Legal Description:
Lot: 11-14
Block: 12
Addition: Forest Park
As recorded in:
Volume 016588, Page 0221, Deed Records, Tarrant County, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2007
DATE: Tuesday, September 11, 2007
LOG NAME: 35290OWBERRY REFERENCE NO.: **C-22374
SUBJECT:
Authorize the City Manager to Execute a Lease Agreement with Texas Christian University for
Office Space Located at 2900 West Berry Street for the Police Department Effective June 1, 2007,
through May 31, 2008
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Texas Christian University for office space
of approximately 1,600 square feet located at 2900 West Berry Street, at a cost of$1.00 per year, and:
2. Authorize the agreement to be effective June 1, 2007 and expire on May 31, 2008.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated a lease agreement with Texas Christian University for office space to be utilized as a Police
Department storefront. The previous lease agreement expired before negotiations between Real Property
and the landlord were completed. During the interim time frame, the Police Department remained on a
month-to-month lease at this location.
The lease term is for one year. There is a rental charge of $1.00 per year for the space. The City of Fort
Worth is responsible for telephone and utility payments, with the exception of natural gas and water. The
City has occupied this space since June 20, 1997.
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 by. Joe Paniagua (6575)
Originating Department Head_ Ralph Mendoza (4210)
Additional Information Contact: Kara Shuror (4221)
Logname: 35290OWBERRY Paae 1 of l