HomeMy WebLinkAboutContract 54019 dotloop signature verification:dtlp.us/vklw-7cUv-Q8v2
A.
i; CSC No. 54019
NA�7 2020
C�,TH LEASE AGREEMENT
This Lease is made to be effective as of the 15th day of June, 2020 ("Effective Date") by and
between 300 EAST VICKERY, L.L.C., (Landlord) and CITY OF FORT WORTH, a Texas home
rule municipal corporation(Tenant).
I. PREMISES AND TERM
1.01. PREMISES. Landlord does hereby lease and demise to Tenant, and Tenant rents from
Landlord 11,901 square feet in the building ("Large Building") and an additional 1,445 square foot
building ("Small Building"), both located at 300 and 304 East Vickery in the City of Fort Worth,
Tarrant County, Texas, as shown by the site plan and floor plan attached hereto as Exhibit "A"
(collectively,the"Leased Premises").
1.02. CONDITION OF LEASED PREMISES. Tenant acknowledges it has examined the
Leased Premises and accepts such premises in their current AS IS,WHERE IS condition, subject to
the maintenance and repairs listed in Exhibit `B", attached hereto and made a part hereof for all
purposes.
1.03 TERM. This Lease shall be from the Effective Date through December 30, 2020(the
"Term"), unless a prior termination is effected by either Landlord or Tenant under the termination
provisions of this Lease. The Lease may be extended on the same terms and conditions as contained
herein on a month-to-month basis upon written notice by Tenant to Landlord within 10 business days
prior to the end of the Term or the then-current month-to-month term.
1.04 PARKING. Tenant shall have use of the parking lot in the areas depicted on Exhibit
"A",and shall not obstruct access at any gated entrances to the Leased Premises. Tenant shall furnish
landlord with A schematic plan of how other tenant's access to the South of the building will not be
interrupted.
II. RENT
2.01. The rent for the Term of this Lease shall be $20,886.26 per month for the Large
Building and $2,174.73 per month for the Small Building, for a total of S23,060.99 per month
beginning on the commencement of the Term of this Lease as hereinabove defined, and shall be
payable in advance on the first day of each and every month via direct deposit.A late penalty of 10%
of the monthly rent shall be applied upon the 5th business day that rent is past due in the amount of
$2,306.10. Rent for the first month shall be prorated.
111. TAXES,UTILITIES, SERVICES
3.01. TAXES. Landlord shall be responsible for the payment of all ad valorem taxes on
the Leased Premises. In the event this Lease continues on a month-to-month term after the expiration
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C. OFFICIAL RECORD
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CITY SECRETARY
FT. WORTH,TX
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of the initial Term, on demand by Landlord, Tenant shall reimburse Landlord for an amount equal to
its proportionate share of the amount of any increase in ad valorem real estate taxes assessed on the
Leased Premises over the amount assessed during the initial Term. This provision survives expiration
of this Lease.
3.02 UTILITIES. Landlord shall make available during appropriate times of the year heat
and/or air conditioning, water and electricity as reasonably required for the Leased Premises.
Electricity, gas and water shall be paid by Tenant. Landlord affirms that the Large Building is
separately metered from the Small Building, that the other tenant in the Large Building does not
utilize any utilities,and therefore all utilities billed for the Large Building will be pursuant to Tenant's
and shall be at Tenant's sole cost and expense. Tenant is responsible for payment of maintenance
and repair of HVAC, plumbing, electrical, and all other building maintenance.
3.03 OTHER SERVICES.
(a) Tenant shall provide security service or other security devises in or about the Leased
Premises,at Tenant's sole cost and expense, during the hours of 7:00pm to 7:00am("Shelter Hours")
and for an hour before and after the daily time of use. Tenant, in its sole discretion, may utilize the
existing security system. Tenant is hereby authorized to install cameras in the Leased Premises and
Landlord agrees such cameras shall not be deemed fixtures.
(b) Tenant shall provide daily janitorial service to the Leased Premises and on a daily
basis shall clean and sanitize the area of use in compliance with CDC guidelines for the COVID-19
pandemic, and shall insure that the parking lot remains clean and clear of debris and obstructions.
IV USAGE OF THE PREMISES
4.01 The Large Building shall be used only for the purpose of sheltering of homeless
individuals at night to allow for social distancing in the existing homeless shelters in the Large
Building ("Shelter Use"). Tenant may contract for the management of the shelter with a third party
that is experienced in providing such services. Tenant shall ensure shelter guests will not loiter on
the Leased Premises beyond the Shelter Hours.
Tenant may use the Small Building for City staff or contractor operations in support of the
Shelter Use or other business operations related to the business of the City.
Tenant may park restroom trailers as needed in the parking area or other mutually agreed
upon location designated on Exhibit A to assure compliance with occupancy regulations and to
provide adequate ingress and egress to the buildings on the property.
V. REPAIRS AND ALTERATIONS:
5.01. REPAIRS BY LANDLORD. Landlord, at its sole cost and expense, shall maintain,
repair, and replace the roof, structural support walls and foundation of the Leased Premises. Tenant
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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agrees to give Landlord notice of defects or need for repairs in the roof, foundation, or exterior walls,
of the Leased Premises within twenty-four (24) hours from discovery by Tenant. Landlord shall
commence repair of such defects or disrepairs within three (3)days of receipt of notice from Tenant.
If the repair of such defects or disrepairs are not complete within fourteen(14) days of the notice by
Tenant to Landlord, then, in Tenant's sole discretion, Landlord may be given additional reasonable
time as allowed by Tenant to complete such repairs. In the event the repairs are not performed by
Landlord within the original fourteen(14)days or any such additional reasonable time given, Tenant
may perform the necessary repairs and shall, at Tenant's sole discretion, either (i) receive payment
from Landlord in the actual amount of the repairs or (ii) receive a credit against future rent in the
actual amount of the repairs. If a defect or disrepair is the result of the negligence of Tenant, Tenant
shall be responsible for the actual cost of the repairs, as evidenced by invoices.
5.02. REPAIRS BY TENANT. Tenant, at its sole cost and expense, shall maintain all other
portions of the Leased Premises, all building systems serving the Leased Premises, including but not
limited to, the HVAC system, water and sewer, plumbing system, and electrical system and shall
deliver up the Leased Premises at the end of the term in as near as possible to the condition of the
Leased Premises upon the Effective Date,wear and tear only excepted.Provided,however, Landlord
shall facilitate the services of on-call maintenance contractors for electrical, plumbing and HVAC
repairs and the Tenant shall pay, as additional rent, the amount of the invoice of these services at
actual costs of the contractor for labor and parts.
5.03. ALTERATIONS AND REMODELING. Tenant shall not make permanent alterations
to the Leased Premises without the prior written consent of Landlord. Tenant may remove at its own
expense any additional fixtures or furniture placed in the Leased Premises by Tenant, and shall
remove any security cameras installed by Tenant, and Tenant agrees that it will at its own expense
forthwith repair any and all damage done by the removal of any fixtures or furniture from the Leased
Premises.
5.04. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. Landlord shall ensure
the Leased Premises are in compliance with all applicable laws,regulations, and ordinances in effect
on the Effective Date of this Lease and applicable to the buildings and improvements of which the
Leased Premises are a part. Tenant shall ensure compliance with all applicable laws, regulations,
and ordinances applicable to its occupancy and use of the Leased Premises.
VI. INSURANCE AND INDEMNITY
6.01. LANDLORD'S LIMITATION ON LIABILITY. Landlord shall not be liable to the
Tenant or to the Tenant's agents,employees,invitees,or visitors for any damage to person or property
caused by any action or omission of Tenant, its invitees, or visitors.
6.02. TENANT INSURANCE. Tenant is a governmental entity and as such, generally, it
does not maintain a commercial liability insurance policy to cover premises liability. Tenant
represents to Landlord that it has adequate funds to self-insure and to pay the cost of any personal
injury and property damages incurred by a third party or parties as a result of Tenant's use of the
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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Leased Premises, as well as any other damages for which Tenant would ultimately be found liable
would be paid directly and primarily by Tenant and not by a commercial insurance company.
6.03. FIRE AND EXTENDED COVERAGE INSURANCE. Landlord shall procure and
maintain during the Term of this Lease a policy of property insurance covering the structure of which
the Leased Premises are a part.
6.04. NO SUBROGATION. Neither party hereto shall be liable to the other for damages to
the property of the other party if such damaged property is covered by insurance against the particular
loss, and to the extent not required by the respective party's insurance company, neither party shall
subrogate to any insurer with respect to such loss.
VIL ASSIGNMENT AND SUBLETTING
7.01. ASSIGNMENT AND SUBLETTING. Tenant shall have no right to assign or sublet
the Leased Premises without the prior written consent of Landlord.
VIII. DESTRUCTION OF LEASED PREMISES
8.01. DAMAGE TO BUILDINGS. In the event that the building(s) of which the Leased
Premises are a part is damaged to the extent that Tenant cannot use the Leased Premises for the uses
allowed herein, Landlord or Tenant shall have the option to terminate this Lease by giving written
notice to Tenant within thirty(30) days of the damage.
8.02. DAMAGE TO LEASED PREMISES. In the event of damage to the Leased Premises
and this Lease is not canceled pursuant to the provisions of Section 8.01 hereof,the Leased Premises
shall be restored to substantially their condition prior to such damage, the cost to be borne by
Landlord, with the monthly rental equitably reduced or abated during the term of such repairs.
IX. DEFAULT AND TERMINATION
9.01. DEFAULT BY TENANT. In the event the Tenant shall fail to pay any installment of
rent within thirty(30) days after notice, or fails to perform, or commence in good faith and proceed
with reasonable diligence to perform, any of its covenants under this Lease after notice, Landlord
may terminate this Lease and re-enter the Leased Premises with or without process of law, using
force as may be necessary, and remove all persons and property therefrom. The rights granted to
Landlord under this Section are not exclusive, and Landlord shall have all other legal remedies
otherwise available to it.
9.02. DEFAULT BY LANDLORD. In the event the Landlord fails to perform, or in good
faith to commence and proceed with reasonable diligence to perform, any of the covenants under this
Lease within thirty (30) days after notice from Tenant, including, but not by way of limitation, the
obligation of the Landlord that may be necessary to insure the covenant of quiet enjoyment as
contained in this Lease,then the Tenant may(i)cure such default for the account of and at the expense
of Landlord, and the reasonable expenses paid therefore may be deducted by the Tenant from any
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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rent due Landlord, ,plus reasonable expenses incurred therewith, or(ii)terminate this Lease without
further obligation upon ten(10) days' written notice. The rights granted to Tenant under this section
are not exclusive, and Tenant shall have all other legal remedies otherwise available to it.
9.03. WAIVER OF BREACH. The waiver by Landlord or Tenant of any breach of any term,
covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant, or condition herein contained.
9.04 TERMINATION. Upon termination of this Lease,neither party shall have any further
obligation or liability to the other under this Lease.
9.05 SURRENDER OF LEASED PREMISES. Landlord herein agrees that no property
or equipment, owned or installed by Tenant, or any representative of Tenant, shall, under any
circumstances, become a fixture, and that Tenant shall reserve the right to remove any and all such
property or equipment at any time during the Term or any extended terms of this Lease,or subsequent
to its termination by either party. Landlord further agrees that Landlord will, at no time, hold or
retain, any property owned or installed by Tenant, for any reason whatsoever. Upon the expiration
or termination of this Lease, Tenant shall deliver up the Leased Premises at the end of the term in as
near as possible to the condition of the Leased Premises upon the Effective Date, broom clean and
sanitized as per CDC guidelines, repaired as necessary pursuant to Section 5.03, wear and tear only
excepted. Tenant shall be responsible for repairing any damage to the Leased Premises caused by
the removal of furniture and equipment.
X. INSPECTION OF PREMISES
10.01. LANDLORD'S RIGHT TO ENTER. Landlord and its agents shall have the right to
enter the Leased Premises at all reasonable times to examine same and to make such repairs and
alterations, improvements, or additions as the Landlord may deem necessary or desirable. Landlord
shall also have the right, upon reasonable notice to Tenant, to enter the Leased Premises at any time
other than the Shelter Hours for the purpose of showing the Leased Premises to prospective tenants
or purchasers.
XI. QUIET ENJOYMENT
11.01. LANDLORD'S COVENANT OF QUIET ENJOYMENT. Landlord covenants that
upon payment of the rent by Tenant and compliance with the terms, covenants, and conditions of this
Lease, Tenant may peaceably and quietly have, hold, and enjoy the Leased Premises for the term
hereof without hindrance or interruption by Landlord or by any other person or persons.
XII. HOLDING OVER
12.01. RENT FOR HOLDING-OVER PERIOD. In the event Tenant remains in possession
of the Leased Premises with the consent of the Landlord after the termination of this Lease,the same
shall be construed to be a tenancy from month to month at the same rent rate as was being paid
monthly at the termination of the Lease and upon the other terms herein specified.
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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XIII. MISCELLANEOUS
13.01. FORCE MAJEURE. In the event either Landlord or Tenant shall be delayed or
hindered in, or prevented from, the performance of any act required hereunder by reason of fire,
casualty, strikes, lockouts, labor trouble, inability to procure materials or supplies, failure of power,
governmental authority, riots, insurrections, war, or other reasons of like nature, where such delay,
hindrance, or prevention of performance shall not be within the reasonable control of the party
obligated to perform and not be avoidable by diligence, the party so delayed shall promptly give
notice to the other party, and thereupon performance of such act shall be excused for such period of
delay. The provisions of this section shall not apply, however, to any payment of rent, and it is
understood that the provisions regarding the abatement of rent in the event of damage to the Leased
Premises shall prevail over anything in this section.
13.02. NOTICES. Any notice provided for herein shall be given by written instrument,
personally delivered or sent by U.S. mail,postage prepaid, to:
LANDLORD: Paula Work, Manager
I I I Blazing Star Trail
Alto,New Mexico 88312
TENANT: City of Fort Worth
Property Management Department
900 Monroe, Suite 400
Fort Worth, Texas 76102
Attn: Lease Management
With a copy to:
City Attorney
200 Texas Street
Fort Worth, Texas 76102
or such other address that Landlord or Tenant designates in writing to the other party.
13.03. ENTIRE AGREEMENT. This Lease and the exhibits attached hereto constitute the
entire agreement between the parties, and all prior negotiations are merged into this agreement. Any
amendment, change, or addition to this Lease shall be made only in writing and signed by both
parties.
13.04. SUCCESSORS IN INTEREST. The terms and conditions of this agreement shall be
binding upon the parties and their respective successors and assigns.
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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13.05. HEADINGS. The article and section headings in this Lease are for convenience and
reference only and shall not be construed or held in any way to explain, modify, amplify, or add to
the interpretation, construction, or meaning of this Agreement.
13.06. ATTORNEY'S FEES. . If, on account of any breach or default by any party to this
Lease in its obligations to any other party to this Lease it becomes necessary for a party to employ a
third party attorney that is not an employee of such party to enforce or defend any of its rights or
remedies under this Lease, the non-prevailing party agrees to pay the prevailing party its reasonable
attorney's fees and court costs in connection with the enforcement or defense. A plaintiff is a
prevailing party if it succeeds on the merits of its claim(s). A defendant is a prevailing party if the
defendant defeats the claim(s)brought by the plaintiff or if the defendant succeeds on any claims for
affirmative relief against the plaintiff. It is not necessary for a defendant to bring affirmative claims
against the plaintiff to be a prevailing party for purposes of this provision.
13.07. AUDIT. Pursuant to Chapter 2,Article IV,Division 3, Section 2-134,Administration,
Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of Fort
Worth, Tenant shall, until the expiration of three (3)years after final payment under this Lease,have
access to and the right to examine at reasonable times any directly pertinent books,documents,papers
and records of Landlord involving transactions relating to this Lease at no additional cost to Landlord,
provided that Landlord shall not charge Tenant for any expenses of Landlord related to Tenant's
audit under this Section. Landlord agrees that Tenant shall have access during normal working hours
to all necessary Landlord facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Section; provided, however, at
Tenant's option, Landlord may provide all documents to Tenant in an acceptable electronic format
to facilitate remote work. Tenant shall give Landlord not less than ten (10) days written notice of
any intended audits.
13.08 ACCESS BY OTHER TENANT OF LANDLORD. Tenant agrees that it shall not
hinder or interfere with access to the Large Building through the gate on Vickery Boulevard and the
south gate on Calhoun Street, by Landlord's other tenant.
THIS LEASE AGREEMENT is executed in several counterparts, each of which shall be
deemed an original, to be effective as of the Effective Date.
(SIGNATURES APPEAR ON FOLLOWING PAGE)
Lease between the City of Fort Worth and
300 E.VICKERY,L.L.C.
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TENANT: LANDLORD:
300 East Vickery, L.L.C.
CITY OF FORT WORTH
CAR � � datloo0KV2-led
06/17/20 8:15 AM MDT
By: JeSuS J.Chapa(Jun 17, 02013:21 CDT) By. DT6M-OKV2-6DDJ-NANi
J Jesus J. Chapa DName:Paula R.Work
Deputy City Manager Title: Manager
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Name: Tara Perez(Jun 17,202 2 CDT)
Title: Directions Home Manager
Date: Jun 17, 2020
APPROVED AS TO FORM AND LEGALITY:
LWO 6G0— t' /I
By: Leann Guzman(Jun 17,202013:17 CDT)
Leann Guzman
Senior Assistant City Attorney
Date: Jun 17, 2020
ATTEST: FQJ �
Mary Kayser U:
City Secretary
Date: Jun 17, 2020 ..ti•• ,r
A. _...�-
Form 1295: Not required
Contract Authorization:
M&C: �{�C
rFT.
IAL RECORD
Lease between the City of Fort Worth and 300 E.VICKERY,L.L.C. SECRETARY
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EXHIBIT A
P 7,
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.e
Rope and
Stanchions
Smoking Area
Lease between the City of Fort Worth and 300 E.VICKERY,L.L.C.
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EXHIBIT B
Landlord maintenance to be performed by no later than June 18, 2020 as required by the Fort
Worth Fire Department to ensure passing inspection by City for occupancy:
(1) At Landlord's sole cost and expense, the following:
a. Install addressing that is visible and legible from the street fronting the
Premises;
(2) At Tenant's sole cost and expense, the following:
a. Inspection and purchase of new or additional fire extinguishers
b. Electrical wiring and equipment maintenance and repair (i.e.junction boxes in
former call center area of building)
c. Post Certificate of Occupancy in conspicuous location throughout the large and
small buildings
Lease between the City of Fort Worth and 300 E.VICKERY,L.L.C.
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