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HomeMy WebLinkAboutContract 39814I. 0 This lease agreement ("Lease") is made and entered into this, the I day of November, 2009 the effective date hereof, at Fort Worth, Texas by and between Oakwind, Ltd., a Texas limited partnership ("Lessor"), acting by and through Clint Montgomery, Vice President of Sperry Van Ness/Visions Commercial., its managing agent, and the City of Fort Worth, a Texas municipal corporation ("Lessee"), acting by and through T. M. Higgins, its duly authorized 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. SEcCTI®lid L 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 1,000 square feet, located at 6857A Green Oaks Road, Fort Worth, Texas 76116. 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 Exhibit "A", attached hereto and made part hereof for all purposes. SIECTfOhI 2. Use ofpremises. The Leased Premiss shall be used as office space for Lessee. SECTflGI�d 3. Term and Rent. This Lease shall be for a period of 24 months commencing on November 1, 2009 and terminating on October 31, 2011 ("Initial Term"), unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent in the amount of $625.00 per month, totaling $7,500 annually, during the Initial Term. All rental payments shall be payable to Lessor at the location of notice set forth in Section 13 of this Lease. The rental payment shall be made to the Lessor on the first Jay of the Initial Term and each month thereafter including any extension of the Lease. Rent for any partial calendar month shall be prorated on a per diem basis. This Lease shall automatically renew for up to two (2) successive terms of twelve (12) months each up to a maximum of two successive renewal terms, unless either party noes the other party in writing of its intent to terminate the Lease on or before 30 days prior to the expiration of the Lease or any extension. The notice, shall be deemed effective when deposited by Lessee in United States mail, postage prepaid, certified mail, return receipt requested, addressed to Lessor. The terms of this Lease shall continue to govern and control the relationship of the parties during any extensions. Rent for the first renewal term of twelve (12) months, beginning November 1, 2011 and ending October 31, 2012, shall be $7,950.00 annually, or $662.50 per month, which represents a six percent increase over the rental amount for the Initial Term. Rent for the second renewal term, beginning November 1, 2012 and ending October 31, 2013, of twelve months shall be $8,188.50 annually, or $682.38 per month, which represents a three percent increase over the rental amount for the first renewal term. OFFICIAL Rl=CUkt CITY SECRETARY FIr. 1041®rRTH. TX City of Fort Worth Lease Page 1 SECTMIN 4. faxes, Insurance, Utilities, Care of the Leased Premises. Lessee agrees to be responsible for the payment of all electricity, telephone, natural gas, and/or other utility charges that come due and payable during the Initial Term or any renewal term that Lessee occupies the Leased Premises. Lessor agrees that Lessor will pay for water for the Leased Premises, provided usage is within normal amounts. 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, exterior walls heating, air conditioning, electrical, and plumbing of the Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation, and exterior walls heating, air conditioning, electrical, and plumbing 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 without penalty pursuant to Section 8.02. SEC'I'I®I� 5. Insurance. Lessor agrees to insure the structure and premises of 6857A Green Oaks Road, Fort Worth, Tarrant County, Texas 76116. 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. 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. Lessee 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 Lessee would ultimately be found liable would be paid directly and primarily by Lessee and not by a commercial insurance company. LLLLL AM, LEASED City of Fort Worth Lease Page 2 DMISSION OF LESSOR. WIN 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 Initial Term or any renewal term of this Lease, or subsequent to its termination by either party. Lessor further agrees that it will, at no time, hold or retain any property owned or installed by Lessee, for any reason whatsoever. S.O1 Lessee Default. A default by Lessee shall exist if Lessee fails to pay rent within thirty (30) days after written notice from Lessor that rent is due hereunder. Upon a default by Lessee, Lessor, as its sole remedy, may terminate this Lease and Lessor shall have the right to collect the past due rent from Lessee. 8.02 Lessor Default. If Lessor defaults in the performance or observance of any covenant or agreement of this Lease, which default is not cured within 30 days after the giving of notice thereof by Lessee, then Lessee may, at Lesse's option, either (i) terminate this Lease or (ii) cure the Lessor's default. The reasonable cost of the cure of a Lessor's default by Lessee pursuant to this Section 8.02, not to exceed $1,000.00, shall be payable by Lessor to Lessee within 7 days after written demand therefor by Lessee. Such costs must be actually and reasonably incurred and must not exceed the scope of the Lessor's default. Such costs must be reasonably documented and copies of such documentation shall be delivered to Lessor with the written demand for reimbursement. Nothing contained in this Section 8.02 shall create or imply the existence of any obligation by Lessee to cure any Lessor Default. 8.03 'I'erffiination. 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 30 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 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 8.03, or as a result of the expiration of the Initial Term or any renewal term, 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. 8.04 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 City of Fort Worth Lease Page 3 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. SECTI�ht 9. Right of Inspection. Lessor reserves the right to enter upon the Leased 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. Notwithstanding the above, given the sensitive nature of materials handled by the Fort Worth Police Department ("FWPD"), Lessor and all others having access pursuant to this Section 9 to any portion of the Leased Premises used by the FWPD shall not enter that portion of the Leased Premises unless accompanied by a representative of Lessee. Lessee shall make a representative available immediately upon request of Lessor. SECTI®i�T 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 m 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. Additionally, if Lessee modifies the Leased Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee. SECTI®N 11. Accei�tance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Leased Premises, and on the basis of such inspection Lessee hereby accepts the Leased Premises, and the building and improvements situated thereon, as suitable for the purposes for which the same are leased. SECTI®1�1 12. Assi�nflnent. 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 Lease 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 13. Notices. Notices required to be made under this Lease 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: City of Fort Worth Lease Page 4 All notices to Lessor shall be sent to: OakWlnd, Ltd. c/o Sperry Van Ness/ Visions Commercial 5601 Bridge Street Suite 504 Fort Worth, Texas 76112 Attn: Clint Montgomery Also: Oakwind, Ltd. Attn: Ronald V. Franco P.O. Box 5287 Culver City, California 90231 All notices to Lessee shall be sent to: Fort Worth Police Department Attn: Kathy Hinz Administrator, Fiscal and Equipment Management 350 West Belknap Street Fort Worth, Texas 76102 As well as to: City of Fort Worth Attn: LaTrice Tatum -Forbes Housing and Economic Development 908 Monroe Street Suite 500 Fort Worth, Texas 76102 As well as to: City Attorneys Office Attn: Leann D. Guzman City of Fort Worth 1000 Throckmorton 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 14. 1=Ioldin�Over. In the event Lessee remains in possession of the Leased Premises after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupying the Leased Premises on a month -to -month tenancy, subject to all of the terms of this Lease. SECTION 15. Police Protection. Lessor agrees and understands that Lessee shall not provide increased police protection or more rapid response time because of this Lease. No special relationship shall exist between Lessor or Lessee other that that of landlord and City of Fort Worth Lease Page 5 enanto Lessee shall provide no greater police protection to Lessor than is provided to all ther residents and businesses of the City of Fort Worth. SEC I IOl�l 16. Entire Affreement. 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. SEC TI®N 17. Waivers. One or more waivers of any covenant, term, or conon of the Lease by either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the san7e 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. SEC'I'I®Ivl 1S. 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. SEC'I'I®1®T 19. Si name. Lessor and Lessee hereby acknowledge and agree that Lessee shall be responsible, in its sole cost and expense, for the installation and maintenance (i.e., in good condition and in proper operating order at all times) of Lessee's signage above the storefront or on the windows or door of the Leased Premises, which signage shall be approved by Lessor as to construction, method of attachment, size, shape, height, lighting, color, location and general appearance; provided, however, that Lessor shall not unreasonably withhold its consent to any such signage. the use of the Leased Premises. Notwithstanding the above, 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 • . H COMPLIANCE, O PREMISESCOMPLIANCE, WITH ADA, AND (ii) SHALL MAKE ALL IMPROVEMENTS NECESSARY TO CORRECT AND/OR ABATE ALL ENVIRONMENTAL HAZARDS OF THE LEASED OO. RELATED TO ANY .WGLIGENCE BY LESSEE OR ITS EMPLOYEES, AGENTS OR INVITEES. [SIGNATURES ON FOLLOWING PAGE.] City of Fort Worth Lease Page 6 Executed to be effective on the I" day.of November, 2009. LESSOR: OAKWIND, LTD., a Texaslimited partnership By: Sperry Van Ness/Visions Commercial, a Texas corporation, its managing agent By: Montgomery, V LESSEE: CITY OF FORT WORTH, a Texas municipal corporation By: d Tom M. Higgins, 6� Assistant City Manager APPROVED AS TO FORM AND LEGALITY: ATTEST: City Secretary M&CN er: Date: Contrac Number: City of Fort Worth Lease Page 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" City of Fort Worth Lease Page 8 ---- OFFiCiALRECORD CITY SECRETARY _ F� !��+�!�TH9 TX EXHIBIT A POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD Legal Description: Lot: Portion of Lot 2R Block: 5 Addition: Ridgmar Mall Addition As recorded in: Volume 13260, Page 436, Deed Records, Tarrant County, Texas City of Fort Worth, Texas Mayor and Council Cl COUNCIL ACTION: Approved on 2/2/2010 unication DATE: Tuesday, February 02, 2010 REFERENCE NO.: **L-14924 LOG NAME: 176857A/GREENOAKS SUBJECT: Authorize the City Manager to Execute a Lease Agreement with Oakwind, Ltd., for Office Space Located at 6857—A Green Oaks Road for the Police Department for the Amount of $7,500.00 Annually, Plus the Cost of Utilities (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement with Oakwind, Ltd., for office space of approximately 1,000 square feet located at 6857—A Green Oaks Road for the Police Department for the amount of $7,500.00 annually, plus the cost of utilities. DISCUSSION: The Housing and Economic Development Department, Real Property Services Division, at the request of the Police Department has negotiated the lease space to be utilized as a police storefront by neighborhood patrol officers and Citizens on Patrol members. On July 22, 2008, City Council approved M&C C-22918, but the lease under that M&C was never executed and the City has been in holdover status. The lease term will be for 24 months, beginning on November 1, 2009 and terminating on October 31, 2011, with two one—year options to renew, the rent will be $625.00 per month, or $7,500.00 annually. Under the terms of the lease, the City of Fort Worth is responsible for utility payments, including telephone, with the exception of water charges. The Police Department has occupied this space since March 6, 2001. 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. This property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Crime Control and Prevention District Fund. FUND CENTERS: TO Fund/AccountlCenters CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. FUNDS AVAILABLE.doc FROM Fund/AccountlCenters GR79 539120 0359501 Thomas Higgins (6140) Jay Chapa (6192) Cynthia Garcia (8187) Robin Bentley (7315)