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HomeMy WebLinkAboutContract 45755 (2)ati SECIMMAr C :»k IM\©t Oa FORT WO'''TH INDEPENDENT SCHOOL DISTRICT 100 N. UNIVESITY, SUITE NE 140m FORT WORTH, TEXAS 76107 REVISED RENTAL AGREEMENT 14-121 )uN This agreement is made and entered into on the l'A day of June , 2014 ,byand between the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, referred to in this Rental Agreement as "LESSOR", and City of Fort Worth 4200 S. Freeway, Suite 2200 Fort Worth, TX 76115 (Name and Street Address of LESSEE) referred to in this Rental Agreement as "LESSEE." The responsible contract persons for the parties under this Rental Agreement are: For LESSOR: For LESSEE: Lori Boswell Susan Alanis Telephone Number: 817-814-2150 Telephone Number: 817-392-5747 FOR AND IN CONSIDERATION of the rentals herein specified and other promises and covenants of LESSEE, LESSOR agrees to rent to LESSEE the following described real property and improvements located in Tarrant County, Texas: Rosemont Middle School 1501 W. Seminary Fort Worth, TX 76115 Daggett Elementary School 958 Page Fort Worth, TX 76115 Seminary Hills Park Elementary School 5037 Townsend Fort Worth, TX 76115 George C. Clarke Elementary School 3300 S. Henderson Fort Worth, TX 76110 Facility Name Facility Address 4-6 Classrooms, Gym, & Cafeteria (Description of Specific Building(s) or Parts of Buildings) 1. LEASED PREMISES: Such property and improvements herein above described are referred to in this lease as "the Leased Premises" or "the Premises." 2. TERM: This Rental Agreement shall be for a period beginning 06/16/14 and ending 08/01/14 hereinafter called the "Rental Term"). LESSEE shall be entitled to use such premises, during such Rental Term: Monday - Friday 8:00 AM - 4:00 PM (Specify Hours or Days of Use, if Appropriate, and Any Limitation on Exclusive Possession During Term) 3. USE OF PREMISES: OFFICIAL RE sir er Day Camp for children ages 5-14 - Approx. 150 children per campus CITY SECRETARY (Specify use to be made of facilities) FT, WORTH, TX 1 RECEIVEIJ JUL i t nrta 14-121 4.RENTAL: As rent for such premises, LESSEE shall pay LESSOR the total sum of: $ None payable in advance of occupancy on or before the N/A of N/A , 2014. The payment should be delivered or mailed to the following address: Accounting Department, 100 N. University Dr., Suite NE 140B, Fort Worth, TX 76107 Occupancy and/or use of the facilities requested above will not be allowed without payment in full of the rental fees within the times specified above. 5. CANCELLATION PROVISIONS: If LESSEE cancels this Rental Agreement at least 48 hours prior to the time LESSEE has the right to take possession of the Leased Premises, LESSEE will be refunded the rental fee paid in full. After that time LESSEE will be refunded 50% of the rental fee paid if cancellation occurs prior to 24 hours of LESSEE's right to take possession of the Leased Premises, as liquidated damages to LESSOR. After that time, LESSEE will forfeit the entire amount paid as liquidated damages to LESSOR. Cancellations due to acts of God, such as a natural catastrophe which no one can prevent, e.g. earthquake, fire, flood, hurricane, or due to adverse weather conditions which prevents the use of an outdoor athletic facility for its intended purpose, are excluded from these cancellation and/or forfeiture provisions. A refund due LESSEE, if any, will be paid to LESSEE and mailed to the address provided above within 30 days of the date of cancellation. 6. DEPOSIT: In addition to, and not in lieu of, the rental amounts specified above, LESSEE has paid to LESSOR contemporaneously with the execution of this Rental Agreement, the sum of $ -0- as a Deposit to insure the payment by LESSEE of any unexpected costs incurred by LESSOR as a result of LESSEE's occupancy. This Deposit shall be refunded to LESSEE within thirty (30) days of the expiration of the Rental Term, provided that no later than ten (10) days after the expiration of the Rental Term, LESSEE has fully paid and satisfied all of its obligations under this Rental Agreement. If LESSEE fails to pay for any such damages, or unexpected costs, o r fails to comply with its other obligations under this Rental Agreement, LESSOR may deduct all amounts owed u p to the total of the Deposit; and within such thirty (30) day period, will furnish LESSEE a written itemized list o f the deductions made from such Deposit, together with the refund of the balance, if any. This Deposit provision, however, shall not be construed as a limitation on the amount of actual damages which may be claimed and recovered by LESSOR against LESSEE growing out of this Agreement. 7. KEYS: It is understood that LESSEE will not be provided any keys to LESSOR's premises or to the leased premises under any circumstances, and that LESSEE is to make all advanced requests for access to facilities prior to the rental event taking place. 8. UTILITIES FURNISHED: LESSOR hereby agrees to furnish to LESSEE during the Rental Term electrical services for the ordinary use of the leased premises (and specifically excluding any electricity required for any appliance or machinery that requires current or electrical service in excess of 1,000 watts per receptacle within any twenty-four hour period) together with heating and/or air conditioning sufficient to make the leased premises comfortable for ordinary use, and water service and sewage service for ordinary uses and for no other purpose. 2 14-121 9. OTHER SERVICES: LESSOR will also furnish the following additional services, equipment, and/or appliances to LESSEE and shall make additional charges, therefore, if any, as specified as follows: None LESSOR is not providing any facilities, equipment or services not explicitly set forth in this Rental Agreement, including, but not limited to, kitchen facilities, a podium, special lighting, microphones, speakers or amplification equipment, security or police services, or athletic equipment. 10. OTHER AGREEMENTS AND COVENANTS OF LESSEE: (a) LESSEE agrees that it shall take the premises as is (unless there is a specific stipulation to the contrary in this Rental Agreement), and that LESSEE shall maintain the leased premises and any equipment, furniture, appliances and/or other improvements on such premises and that it will repair or replace any such furniture, equipment, appliances, or other improvements damage or destroyed during such time that LESSEE has the right to use and possess the premises under this Agreement. LESSEE, at the end of the Rental Term, shall return the premises and all equipment, furniture, appliances and improvements to the LESSOR in good repair and working order, undamaged and properly functioning; (b) LESSEE (c) LESSEE agrees that it will not permit the erection or removal of equipment on the leased premises without the express written consent of LESSOR. acknowledges that the LESSOR assumes no responsibility for any property placed on the leased premises, whether belonging to LESSEE or others, and LESSEE hereby expressly RELEASES and DISCHARGES the LESSOR, its Board Members, employees, servants and agents from any and all liability for loss, injury, or damage to the property that may be sustained by reason of or in connection with the occupancy of the premises under this Agreement; (d) LESSEE will comply with all laws, ordinances and regulations, federal, state and local, including all school policies and ordinances of any city or other political subdivision in which the premises are located, including the City of Fort Worth, where applicable, and all rules, regulations, and requirements specifically made by the appropriate Fire Marshall having jurisdiction over the leased premises, in connection with the activities to be carried on by LESSEE on the leased premises and the occupancy and use of the premises by LESSEE hereunder. LESSEE further agrees to obtain and pay for all necessary permits, licenses, taxes or other fees or assessments charged in connection with its use of the leased premises. (e) LESSEE LESSEE further expressly agrees that it will not perform any act on the leased premises during the Rental Term in violation of any such laws ordinances, rules policies and other requirements, and that if LESSOR calls the attention of LESSEE to any such violation by LESSEE or by any employee or agent of LESSEE or by any person admitted to the leased premises by LESSEE (which the LESSOR may not be obligated to do) LESSEE will immediately desist from and correct such violation or be required to vacate the premises.. It is specifically agreed and LESSEE acknowledges that it is LESSEE's sole responsibility to meet every requirement of the Federal Copyright Act and to pay all licensing agencies, as outlined in the Act. agrees that no materials of any kind shall be nailed, tacked, screwed or otherwise attached to any part of the leased premises, surrounding buildings, or to any of the furniture, fixtures, appliances, or equipment of the LESSOR on such premises without the express written consent of LESSOR; 3 14-121 (f) LESSEE agrees it will not use more than 1000 watts of electrical energy from any single electrical outlet on the premises during any twenty-four (24) hour period; (gj LESSEE agrees that it shall not permit to be done anything upon any portion of the leased premises that would in any way conflict with the terms and conditions of any insurance policy insuring the leased premises or any part thereof, nor should any conduct on the leased premises cause an increase in the rate of fire insurance on the leased premises or in any way destruct or interfere with any right of any tenants of such leased premises, or to injure or annoy such tenants; (h) LESSEE acknowledges and agrees that it does not have the right under this Rental Agreement to sell, serve, give away, allow the consumption of, or advertise alcoholic beverages of any kind on the leased premises or in connection with its activities on the leased premises. (i) LESSEE acknowledges and agrees that it does not have the right under this Rental Agreement to sell serve, give away, allow the consumption of, or advertise tobacco products of any kind on the leased premises or in connection with its activities on the leased premises. (j) LESSEE acknowledges that it has no right to assign this Lease or any other rights it may have hereunder, nor suffer the use of the premises other than as specified herein, nor sublet premises or any part thereof without written consent of LESSOR; (k) In the event LESSEE has leased the premises for the purpose of presenting or staging a "public event" as that term is defined in ordinances of the City of Fort Worth, LESSEE, shall furnish security personnel in such number and in such manner as prescribed by the director of public events of the City of Fort Worth at its sole cost and expense. LESSEE hereby assumes sole responsibility for any and all acts or omissions by its security personnel in the performance of their responsibilities hereunder, an-d-E S g s n-dernaify-he+d-h-at-ffi1 L-J-SS- , is�B �a a-r-d b e ,ter- p1 oye e s .g m s; a -d -want - - f �-ct-s—o su-it-s for---roper-ty darage--e uch act or or issioTrs. 11. VENUE: This Agreement is executed in and performable in Tarrant County, Texas and venue for any administrative or judicial proceeding relating to this agreement shall be in Ta., drl L County, -fens.- , Piny SECIO)F81017 EXECUTED and effective as of the date on which it is signed by the authorized representatifres(��► ��y�.,--se 1 ll lln U1_ E�/�{ FORT WORTH INDEPENDENT SCHOOL DISTRICT: BY: Date by Controller ears &Rentals\Rentals ltonald P. 'Gonzales, As& City 4 2 ay, L \‘7 n0„0„ co- .000 ono 0 441:,;,?° tO©000013 J CITY OF FORT WORTH: BY: an Alanis Vhainki Title n I art) 1 4 Date rAMA-4-firEletlisTO MABDA.NIP LEGALITY: Arsiaant C • Attorney r: ;r s'irrref, L�- ZT-•-RY•+G. Y np*a