HomeMy WebLinkAboutContract 38364LEASE AGREEMENT
cON CT NO.�' �g 3
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement ("Lease") is made and entered into this Ait day of
200tNhe effective date hereof, at Fort Worth, Texas by and between Carrol
Yale (lUein called "Lessor"), acting by and through , its duly authorized , and the
City of Fort Worth, a municipal co 'por ion (herein called "Lessee"), acting by and through its
duly authorized representative," , 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 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 2,400 square feet, located at 5924 Boca Raton, Fort
Worth, Texas, 76112.
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
A Fort Worth,
SECTION 3. Term and Rent. This Lease shall be for a period of one year commencing on
February 1, 2009 and terminating on January 31, 2010 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 five one-year terms, or (2) the Lessee may
convert to a month4o-month lease with the same terms as this 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 lessor's address as set forth in Section 15, or at such other address
as Lessor may designate.
Section 4.02. Lessee shall pay to Lessor rent during the Term in an amount equal to Twenty
Thousand Four Hundred and 00/100 ($20,400.00) per year, payable in monthly installments of
One Thousand, Seven Hundred and 00/100 Dollars ($1,700.00). Such rent shall be due and
payable on the first of each month during the term of the Lease.
City of Fort Wo�th Lease Page 1
OFFICIAL QECoRI-
CITY ��ECRETAR�
7. WORTH, TX
03-24-09 PO4*
9 i rd
Section 4.03. If the Lease commences after the first day of the month, the first and last
payments shall be prorated. Rent for any period less than a full month shall be prorated based
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 the term Lessee occupies the Leased Premises,
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, 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.
SECTION 6. Insurance. Lessor agrees to insure the Leased Premises. 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 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 aself-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. Indemnification, 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.
LESSOR COVENANTS AND AGREES TO RELEASE, INDEMNIFY, DEFEND,
REIMBURSE, AND HOLD HARMLESS THE LESSEE, ITS OFFICERS, AGENTS,
EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL CAUSES OF ACTION FOR
ENVIRONMENTAL DAMAGES OR THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM LESSEE'S USE OF THE
LEASED PREMISES.
City of Fort Worth Lease Page 2
SECTION be Fixtures/Improvements.
8.01 Lessee shall not make any alterations or improvements to the Leased Premises which
may affect the structure of the building, or which may affect the mechanical, plumbing, or
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 modification and renovation to the Leased
Premises as mutually agreed by the parties to support the purposes for which the Lessee will be
using the Leased Premises. All costs associated with the renovations will be at the sole expense
of the Lessee.
8.03 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 Lessor
will, at no time hold or retain any property owned or installed by Lessee, for any reason
whatsoever.
SECTION 9. Termination, Funding and Non -Appropriation.
9.01 Termination.
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. 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.
9.02 Funding and Non -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 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.
City of Fort Worth Lease Page 3
During the last 180 days of the Lease term, Lessor may place a "For Lease" or similarly worded
sign on the Leased Premises. With advance notice to and approval by the Lessee, Lessor may
show the property to prospective tenants.
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 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 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. 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.
SECTION 14. Police Protection. Lessor agrees and understand 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 because of this Lease
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:
City of Fort Worth Lease Page 4
Carrol Yale
P.O. Box 8745
FT Worth TX 76124
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
With a copy to:
LaTrice Tatum Forbes
Community Development Dept
1000 Throckmorton Ave
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 requirements specified in the Lease shall commence upon
the terms specified in the section requiring the notice.
SECTION 15. 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 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 Lease Page 5
SIGNED this day of
LESSOR: Call ol Yale
By: 6.":4=
Name: Carrol Yale
Title: Property owner
LESSEE: CITY OF FORT WORTH
p / A#
Name: Tom M. High
Title: Assistant City Manama
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
City Secretary
contra t Authorizatiox
Date `
City of Fort Worth Lease Page 6
�ctCpR;
lW,WCRETj
FT ► ORTH)
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, Carrol Yale 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
Carrol Yale and that he executed the same as the act of the Carrol Yale, for the purposes and
consideration therein expressed and in the capacity therein stated.
J
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
GLADYS MARIE HILL
MY COMMISSION EXPIRES
January 30, 2009
2008.
Notary
day
of
of Texas
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
torh
day personally appeared 3oe-14Fffigua,. known to me to be the same person whose name is
subscribed to the foregoiTo.yL
ng instrument, and acknowledged to me that the same was the act of 3ee-
/-�i
, 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 Z�v\
200
MpR1ANCNEZ
Y pIfBLE
NOjAR S Notar ublic
STATE
OF M XAo09
M'r
Comm•P'
in
and for the State of
day of
City of Fort Worth Lease Page 8
M&C Review
Page 1 of 2
DATE:
CODE:
COUNCIL ACTION: Approved on 3/3/2009
3/3/2009 REFERENCE NO.: **C-23374
TYPE:
CONSENT
LOG NAME:
PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
175924BOCARAT
[►L�7
SUBJECT: Authorize Lease Agreement with Carrol Yale for Office Space Located at 5924 Boca Raton
for the Police Department at a Cost of $20,400.00 Per Year
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Lease Agreement
with Carrol Yale for approximately 2,400 square feet of office space located at 5924 Boca Raton, at a
cost of $20,400.00 per year.
DISCUSSION:
The Housing and Economic Development Department, Real Property Division, at the request of the
Police Department, has negotiated the lease of office space located at 5924 Boca Raton to be used
as a neighborhood Policing District headquarters. The previous Lease Agreement expired before
negotiations between the City of Fort Worth and the landlord were completed. During the interim, the
Police Department remained on a month -to -month lease at this location (M&C L-13316).
The lease term will be for one year, beginning February 1, 2009, and terminating on January 31,
2010, with five one-year options to renew the lease. The City of Fort Worth is responsible for all utility
and telephone payments.
RENEWAL OPTIONS -This Agreement may be renewed for successive terms of 12 months each for
up to a maximum of five successive 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.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, in the Crime Control and Prevention District Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR79 539120 0359501 $20,400.00
Tom Higgins (6140)
Jay Chapa (6192)
LaTrice Tatum (8368)
http://apps.cfwnet.org/council�acicet/mc_review.asp?ID=10842&councildate=3/3/2009 3/9/2009