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HomeMy WebLinkAboutContract 39916CITY SECRETARY CONTRACT NO. q � t LEASE AGREEMENT STATE OF TEXAS COUNTY OF TARRANT This lease agreement("Lease")is made and entered into this f D da of g y r(b , 20e the effective date hereof, at Fort Worth, Texas by and between YMCA of Metropolitan Fort nth, a Texas non-profit corporation (herein called "Lessor"), acting by and through Tony Shuman, its duly authorized President, and the City of Fort Worth, a municipal corporation (herein called "Lessee"), acting by and through its duly authorized representative, Tom M. Higgins, 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 300 square feet, located at 2400 E. Berry Street, Fort Worth, Texas, 76105. 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 a police storefront for the Fort Worth Police Department. SECTION 3. Term and Rent. This Lease shall be for a period of one year commencing on September 1, 2009 and terminating on August 31, 2010 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, the receipt and sufficiency of which is hereby acknowledged. This Lease may be renewed for successive terms of 12 months each for up to a maximum of two successive terms, provided that Lessee notifies Lessor in writing of its intent to extend 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. SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor 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. Lessor shall provide office furniture. 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. City of Fort Worth Lease Page 1 OFFICIAL REPO L CITY SECRETARY FT. WORTH, TX 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, electrical wiring, lighting fixtures, 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 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 5. 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 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. 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 SECTION 7. Fixtures/Improvements. 7.01 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. City of Fort Worth Lease Page 2 7.02 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. 7.03 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 8. Termination, Funding and Non -Appropriation. 8.01 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 ten nination 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 8.02 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 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. 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 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 City of Fort Worth Lease Page 3 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. 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. SECTION 12. Damage or Destruction. 12.01 Notice. If the building of which the Leased Premises are apart should be damaged or destroyed by fire, tornado, or other casualty, Lessee shall promptly give written notice thereof to Lessor. 12.02 Partial Damage. If the building of which the Leased Premises are apart should by partially damaged by fire, tornado, or other casualty to such an extent that rebuilding or repairs can reasonably be completed within one hundred twenty (120) days after the date Lessor received written notice by Lessee of the occurrence of the damage, as Lessor shall determine within thirty (30) days after the receipt of such written notice, Lessor shall proceed forthwith to rebuild or repair such building (other than leasehold improvements made by Lessee or any assignee, subtenant, or other occupant of the Leased Premises) to substantially the condition in which it existed prior to such damage. 12.03 Total Damage. If the building of which the Leased Premises are apart should be substantially or totally destroyed by fire, tornado or other casualty or so damaged that rebuilding or repairs cannot reasonably be completed, as determined by Lessor, within one hundred twenty (120) days after the date Lessor receives written notification by Lessee of the happening of the damage, this Lease shall terminate, at the option of Lessor or Lessee, upon written notice given by one to the other within ten (10) days after the date of Lessor's said determination; and rent shall be abated for the unexpired portion of this Lease. 12.04 Temporary Reduction of Rent. Rent shall abate proportionally during any period and to the extent that a fire or other casualty renders the Leased Premises unfit for use by Lessee in the ordinary conduct of its business. 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. City of Fort Worth Lease Page 4 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: McDonald YMCA - Director 2400 East Berry Street Fort Worth, TX 76105 As well as to: Tony Shurman, President YMCA of Metropolitan Fort Worth 540 Lamar Street Fort Worth, TX 76102 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 Housing & Economic 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 City of Fort Worth Lease Page 5 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 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. SECTION 19. Compliance to Laws. Lessor, at its expense, shall comply with all environmental, air quality, zoning, planning, building, health, labor, discrimination, fire, safety and other governmental or regulatory laws, ordinances codes and other requirements applicable to the Leased Premises, including, without limitation the Americans with Disabilities Act of 1990 (collectively, the "Building Laws"). Prior to Lessee's occupancy, Lessor shall obtain certificates as may be required or customary evidencing compliance with all building codes and permits and approval of full occupancy of the Leased Premises and of all installations therein. Lessor shall cause the Leased Premises to be continuously in compliance with all Building Laws (as they may be amended from time to time). [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] City of Fort Worth Lease Page 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/2/2010 DATE: Tuesday, February 02, 2010 REFERENCE NO.: **L-14923 LOG NAME: 172400EASTBERRY SUBJECT: Authorize Lease Agreement with the YMCA for Office Space Located at 2400 East Berry Street for the Police Department at an Annual Cost of $1.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1 Authorize the City Manager to execute a Lease Agreement with YMCA for approximately 300 square feet of office space located at 2400 East Berry Street for the Police Department, at a cost of $1.00 per year; and 2. Authorize the agreement to begin September 1, 2009 and expire August 31, 2010, with two twelve—month renewal options. 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 2400 East Berry Street to be used as a Police Department storefront. The lease term will be for one year, beginning September 1, 2009 and terminating on August 31, 2010, with two twelve—month options to renew There is a rental charge of $1.00 per year for the office space The Landlord is responsible for all utility and telephone payments. 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 terms. The property is located in COUNCIL DISTRICT 8. 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/Account/Centers FROM Fund/Account/Centers GR79 539120 0359501 $1.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Thomas Higgins (6140) Jay Chapa (6192) Additional Information Contact: ATTACHMENTS 1. FUNDS AVAILABLE.doc Cynthia Garcia (8187) Robin Bentley (7315) SIGNED this jO'"day of ,20 to • LESSOR: YMCA of METROP LITAN LESSEE: CITY OF FORT WORTH FORT !�4A B• T nyS an P tdent CEO ttf M1 o°_ Qo 74 'tk P160 %03 0 g ° X 0 0 0 8 fi 0 d a 0 °letz* 000000 0° es 411�tL114 �e By: dr*T.M. Higgins,y Manager t APPROVED AS TO FORM AND LEGALITY: ssistant City Attotney ATTEST: La /'-[923 Contract Authorization Date City of Fort Worth Lease Page 7 OFFICMAL RECORD wit SECRETARY ria, WORTH, TX STATE OF TEXAS COUNTY OF TARRANT § ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, Tony Shuman 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 Tony Shuman and that he executed the same as the act of the, YMCA of Metropoliton Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / / Lf 4 J GLOW/ , 2009' l b day of 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 T. M. Higgins, 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 T.M. Higgins, 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 • • y • =a:o. •yam MARIA S. SANCHEZ MY COMMISSION EXPIRES December 14, 2013 lt , 20 day of Not ry Public Not ry Public in and for the State Texas City of Fort Worth Lease Page 9