HomeMy WebLinkAboutContract 29114 CITY SECRETARY
CONTRACT tVo
LEASE AGREEMENT
STATE OF TEXA S §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the day of
2003 the effective date hereof, at Fort Worth, Texas by and between Edward Traxson dlbla The
Barber Shop, Inc. (Lessor), and the City of Fort Worth, a municipal corporation, acting by and
through its duly authorized representative (Lessee). The term "Lessor" shall include
the agents, representatives, employees, and contractor's*44fLessor. 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 1020 square feet, located at 6435 Meadowbrook Drive #B,
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 ]eased premises shall be used as office space for the City of Fort
Worth.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on Lessor's
completion of tenant improvements as described in Exhibit "B" and terminating 12 months thereafter,
unless a prior termination is effected by either Lessor or Lessee under the termination provisions of
this Lease. Lessee shall pay Lessor monthly rent of$550.00 per month. The rental payment shall be
made to the Lessor on the first day of the 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 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. Lessee agrees to be
responsible for the payment of all electricity and natural gas charges that come due and payable
City of Fort Worth Lease Page 1
1.r;'.� r
J ..Jaw.
during the term Lessee occupies the Leased Premises, provided that Lessor submits to Lessee
statements from electric and natural gas utility providers. Lessee agrees to be responsible for
Lessee's telephone charges. Lessor agrees to pay all water charges, taxes and insurance as the y come
due. Lessee shall keep the Leased Premises in good, clean and habitable condition, normal wear and
tear excepted.
Lessor shall renovate the Leased Premises as described in the attached Exhibit "B". Lessee
shall reimburse Lessor 50% of actual construction cost, up to a maximum reimbursement of$5,000.
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, 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.
SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 6436 Meadowbrook
#B, Fort Worth, Tarrant County, Texas 76112. 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 contract. 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.
SECTION 6. 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 CONSEQUENCES RELATED IN ANY WAY TO A
STRUCTURAL DEFECT IN THE LEASED PREMISES. "STRUCTURAL DEFECT" IS
LIMITED TO THE FOLLOWING: STRUCTURAL DEFECTS IN THE LEASED
PREMISES' FOUNDATION, STRUCTURAL DEFECTS IN THE PARKING AREA
SURROUNDING THE LEASED PREMISES, AND STRUCTURAL DEFECTS IN THE
WALLS AND ROOF OF THE LEASED PREMISES.
IN NO EVENT SHALL LESSOR BE HELD LIABLE FOR ANY ACTION THAT IS TAKEN
BY A CITY OF FORT NORTH EMPLOYEE WHO IS ACTING IN THE COURSE AND
SCOPE OF HIS OR HER EMPLOYMENT.
SECTION 7. 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
term of this lease, or subsequent to its termination by either party. Lessor further agrees that she/he
will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever.
City of Fort Worth Lease Page 2
I
SECTION S. Funding,Non-Appropriation And Termination.
8.01 Funding and Non-Appropriation: This lease shall terminate in the event that the overnin
g g
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.
8.02 Termination: Lessee shall have the right to terminate this Lease at any time for any reason by
giving Lessor 60 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.
Lessor shall have the right to terminate this Lease at any time for any reason by giving Lessee
50 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 Lessee.
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.
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.
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 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, Governmental Regulations. Lessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
of the Leased Premises. Provided, however, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 (("ADA)))7 42
U.S.C. § 12101 et se g., 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 PREMISES' LACK OF
COMPLIANCE WITH ADA, AND (II) SHALL MAKE ALL IMPROVEMENTS
City of Port Worth Lease Page 3
NECESSARY TO CORRECT AND/ OR ABATE ALL ENVIRONMENTAL HAZARDS OF
THE LEASED PREMISES.
SECTION 12. Acceptance of Leased Premises . Lessee represents that it takes the Leased
Premises in good condition and that the Leased Premises are suitable for the purposes for which they
are being leased.
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 understands that Lessee in no way
promises to provide increased police protection or more raid emereency response time because
of this Lease. No special relationship shall exist between Lessor or Lessee 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:
The Barber Shop, Inc.
Attn: Edward Traxson
6436 Meadowbrook Drive
Fort Worth, Texas 76112
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
As well as to:
Administrator, Real Property Management
City of Fort worth
City of Fort Worth Lease Page 4
927 Taylor 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 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. 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.
SIGNED this day of 0 3
s y , 20
LESSOR: Edward Traxson ,dba LESSEE: CITY OF FORT WORTH
The Barber Shop, Inc.
k By.
By; istant City Manager
Name
L `
Title:
APPRO ED AS TO FORM AND LEGALITY:
AMTED BY
r
- y - _ 551St 1t Attorney
_ y
Cunt t Authorization
LJ
7
v
Date n�'�,,
M J
City of Fort Worth Lease Page 5
ATTEST:
City Secretary
M & C Number :
]date:
Contract Number:
City of Fort Worth Lease Page 6
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 ,,2;G,z+,e� , 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 ,S� and that he/she executed the same
as the act of said /f!E ��.C�'• S/�ot7 -�lC. for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this "-,g day of
cJG�GS/' , 20 43 .
�prr� ROBERT H. HUMPNREYS
Notary Public
STATE OF TEXAS
My cmn.Up.08/14/2004
Notary Public in and for the St of Texas
City of Fort Worth Lease Page 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
W
j P�let �4t44-
on this day personally appeared own 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 Libby
Watson and that she 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 ; 2 day of
E146.•
PUS ROSELLA BARNES NoTA�Y P UBLIC State of Texas Comm. Exp. p3-31-2005•
Notary Public in and for the State of Texas
City of Fort Worth Lease Page 8
y
EXHIBIT A
Legal Description:
Lot: 5
Block: NIA
Addition: M.L. Cravens
As recorded in:
Volume 15 81, Page 0 1043 3, Deed Records, Tarrant County, Texas
City of Fort Worth Lease Page 9
Exhibit "B"
I CONSTnUCTION
R�1 RR4iAlRR RW�IRRRRRiRRYRIflRiclmlTMR1 f31ii7iYRi/iiilRlow a Mann Nimman Iaam=='Emuaamm inoamaMwaam=Ma am
221 COOPER ST.
HURST TX. 76053
817-589-2876
FAX 817-284-0759
ittcOnSf �a1.���n
JULY 14,2043
EDDIE TRAXSON
6436 MEADOW BROOK DR. 817467-1011
FORT WORTH,TX 76112
1 PROPOSE TO DO THE FOLLOWING WORK.
BATHROOM
REMOVE TUB AND TUB FIXTURES.
INSTALL NEW WALL MOUNT HANDY CAP SINK AND CHANGE PLUMBING FROM TUB TO
SINK.
REMOVE OLD COMMODE AND INSTALL NEW HANDY CAP COMMODE WITH HAND
RAILS.
REMOVE OLD VANITY AND SINK AND CAP OFF PLUMBING.
CLOSE PRESENT DOOR OPENING IN WALL AND INSTALL.NEW DOOR OPENING ON
ADJACENT WALL FOR A 32" DOOR.
REMOVE ALL FLOORING AND SUB.FLOORING AND INSTALL NEW.
INSTALL A NEW CONCRETE HANDY CAP RAMP FROM FRONT DOOR TO DRIVE,
APPROX 14' X 4'.
NEW RAMP WILL HAVE HAND RAILING ON ONE SIDE ONLY.
REMOVE AND INSTALL NEW FRONT DOOR.
INSTALL HAND RAILING IN LIVING ROOM BETWEEN UPPER AND LOWER SECTION
WITH STEP RAILS.
REPAIR HOLES IN WALLS AND WHERE DOOR UNIT WAS CHANGED ALSO PAINT ONE
CLOSET.
THIS BID INCLUDES ALL MATERIAL AND LABOR.
TOTAL $99850.00
City of Fort Worth, Texas
to yar And Caunc�l Cam� t�an
DATE REFERENCE NUMBER LOG NAME PAGE
9/2/03 **L-13634 1 356436MEADOWBRO 1 of 2
SUBJECT EXECUTION OF LEASE AGREEMENT WITH EDWARD TRAXSON D/B/A THE
BARBER SHOP, INC. FOR OFFICE SPACE LOCATED AT 6436 MEADOWBROOK
DRIVE, NO. B, FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Edward Traxson d/b/a/ The Barber
Shop, Inc. for approximately 1,020 square feet of office space located at 6436 Meadowbrook Drive,
No. B, at a cost of$6,600 per year; and
2. Authorize the lease term of one year corrimencing the date the City opens for business in the lease
space, and expiring the last day of the twelfth full calendar month, with two one-year options to
renew.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department,
has negotiated the lease of office space to be used as a police storefront.
The lease term is for one year, with two twelve-month options to renew. "there is a rental charge of
$6,600 per year for the space. The City of Fort Worth is responsible for utility payments, with the
exception of water and the installation and payment of telephone service.
In addition, the landlord will renovate the leased facility as described in the attached Exhibit "6". The
department has agreed to reimburse the landlord 50% of the actual construction costs, up to a
maximum reimbursement of$5,000.
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.
City of Fort Worth, Texas
• 0
a or and ouncil Com unication
DATE REFERENCE NUMBER LOG NAME PAGE
912103 **L-1 3634 356436MEADOWBRO 1 2 of 2
SUBJECT EXECUTION OF LEASE AGREEMENT WITH EDWARD TRAXSON DIBIA THE
BARBER SHOP, INC. FOR OFFICE SPACE LOCATED AT 6435 MEADOWBROOK
DRIVE, NO. B, FOR THE POLICE DEPARTMENT
FISCAL INFORIVIATIONICERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Crime Control and Prevention District Fund.
,IP:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (o}
Joe Paniagua 6144
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 09/02!03
GR79 539120 0359501 $11,600.00
Additional Information Contact:
Ralph Mendoza 48386