HomeMy WebLinkAboutContract 56555 DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
CSC No. 56555
MONTH TO MONTH LEASE AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND
SUN VALLEY PROPERTIES,LP
THIS MONTH TO MONTH LEASE AGREEMENT('Lease")is made and entered into by
and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of
Texas ("Lessee") and SUN VALLEY PROPERTIES, LP, a Texas limited partnership,
("Landlord").
WHEREAS, Landlord and Lessee wish for Lessee to lease space at 5300 Sun Valley
Drive, Fort Worth, Texas 76119 from Landlord to be used as an office and storage space for the
Fort Worth Police Department(FWPD);and
NOW,THEREFORE,in consideration of the covenants and agreements contained in this
Lease,Landlord and Lessee hereby agree as follows:
1. Premises,Use of Premises. For and in consideration of the covenants and agreements as
expressed herein, Landlord does hereby grant to Lessee the use of a total of apprximately 7,494
square feet including (i) approximately 1,324 square feet of office space; (ii) 6,170 square feet of
storage space; and(iii)exterior parking spaces,collectively located at 5300 Sun Valley Drive,Fort
Worth, Texas 76119 ("Premises') as depicted in more detail within Exhibits A, B, & C of this
Lease which are attached hereto and incorporated herein. The Premises will be used solely as a
break area, occasional office space (not open to the general public), and for storage of equipment
for the FWPD and for no other purpose.
2. Term and Consideration.
2.1. Primary Term, This Lease shall operate on a month-to-month basis,
commencing on the date of its execution. This Lease will automatically renew on the first (1st)
day of each month unless terminated by either party. In order to terminate this Lease,a party must
provide the other party with written notice of its intent to terminate not less than thirty (30) days
prior to the effective date of such termination.
2.2 Consideration. Landlord recognizes, as consideration for leasing the Premises
to Lessee, that FWPD maintaing a presence on the Premises will promote safety not only on the
Premises but throughout the community as a whole. Landlord also recognizes that this Lease in no
way obligates Lessee to provide any services in any form to Landlord. Landlord and Lessee
expressly agree and stipulate that this Lease is based on valuable consideration and an exchange of
promises that will be independently beneficial to both parties and that, as a condition precedent to
executing this Lease,the consideration is valuable and sufficient and that neither party shall be able
to assert otherwise in the event of litigation. Nothing herein shall constitute an obligation of City
funds.
3. Condition of the Premises. LESSEE EXPRESSLY ACKNOWLEDGES AND AGREES
IT HEREBY ACCEPTS THE PREMISES, AS IS, WHERE IS, AND WITHOUT ANY
WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE
INTENTION OF THE LANDLORD AND LESSEE TO EXPRESSLY NEGATE AND
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY,
AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE,CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF
THE STATE OF TEXAS.
4. Security Deposit. Landlord and Lessee each acknowledge and agree that no security
deposit for the Premises has been received by the Landlord from Lessee, and therefore, the
Landlord shall have no obligation to refund any such amounts to Lessee upon the termination of
this Lease.
5. Utilities and Taxes. Landlord shall pay for standard utilities except for internet and
telephone,unless otherwise agreed by the parties and taxes related to the Premises.
6. Repairs and Maintenance. If deemed necessary or desirable by Landlord, any such
repairs(including structural repairs)or general maintenance shall be Landlord's sole responsibility
and expense. Lessee shall maintain the Premises as necessary to serve Lessee's purposes
hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to make any repair
necessitated by the negligence of Lessee or by any breach of this Lease by Lessee.
7. Alterations, Improvements and Signage. Lessee shall make no alterations or
improvements to the Premises without the prior written consent of the Landlord. Any Lessee
improvements approved by the Landlord and made by Lessee after the Effective Date which remain
on the Premises after the termination of this Lease may become the property of the Landlord and
may be disposed of as the Landlord may determine with no liability or obligation to Lessee.Lessee
agrees to install signage,at the cost to the Lessee and per design approval by Landlord,designating
the Premises as the Fort Worth Police Department. Landlord shall be responsible for providing
carpeting and furniture that will remain on the Premises upon termination of this Lease.
8. Security. Lessee shall provide all security, if any,to the Premises during the Lease Term
unless otherwise provided herein. Lessor shall have the obligation to provide door looks on all
exterior doors on the Premises as well as an operational gate at the entrance to the Premises.
Beyond that, Lessor shall have no obligation to provide any security service or other security
devised in or about the Premises;and Lessor,in any event,shall have no liability hereunder for any
theft,burglary,or other breach of securing during the Lease Term. Lessee shall keep the Premises
in good,clean,attractive,sanitary,and habitable condition in compliance with all applicable health
ordinances and regulatory provisions.
9. Right of Entry. Upon request of the Landlord, Lessee agrees to cooperate with the
Landlord to accommodate the Landlord's conduct of surveys, environmental site assessments,
geotechnical assessments, subsurface utility investigations of the Premises (including structures)
and show the Premises to prospective tenants, buyers or lenders so long as such assessments,
investigations or showings do not unreasonably interfere with Lessee's use of the Premises, as
determined in Lessee's sole discretion.
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
10. Insurance.
10.1. The Landlord shall have no contractual obligation to insure the Premises or any of
Lessee's personal property located thereon or therein.
10.2. Lessee is a self-funded entity and as such may 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 the Lessee and not by a commercial insurance
company.
10.3. In the event the Premises or Lessee's contents or personalty located thereon or
therein are damaged or destroyed by fire or other casualty for which insurance is maintained by
Lessee, the rights of Lessee against the Landlord with respect to such damage or destruction or
claim are waived;all rights of subrogation in favor of any other third party are waived; all policies
of insurance shall contain a clause or endorsement providing in substance that the insurance shall
not be prejudiced if the Lessee has waived right of recovery from any person or persons prior to
the date and time of loss or damage, if any. The failure of Lessee to obtain such endorsements,
however, shall not negate or otherwise adversely affect the waiver of subrogation herein set forth,
which waiver in all instances shall be binding upon the Lessee and its respective insurers, as well
as any other person asserting a claim by,through or under Lessee.
11. Environmental Matters.
11.1. For purposes of this Lease, "Hazardous Materials" means and includes those
substances deemed hazardous, toxic or dangerous under any Hazardous Material Law (defined
below), including,without limitation, asbestos or any substance containing asbestos,the group of
organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive
materials, chemicals known to cause cancer or reproductive toxicity, pollutants, effluents,
petroleum and fuels derived therefrom,contaminants,emissions or related materials,and any items
included in the definition of hazardous ortoxic waste,materials,chemical compounds or substances
under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes
any present or future local, state or federal law or treaty, and any amendments thereto, including
any common law doctrine of liability, relating to the environment, environmental protection or
environmental conditions, including, without limitation, (i) the Endangered Species Act of 1973,
16 U.S.C. §§ 1531 et seq. ("ESA"), as amended from time to time; (ii) the Solid Waste Disposal
Act, 42 U.S.C. §§ 6901 et seq., as amended from time to time, including, without limitation, as
amended by the Resource Conservation and Recovery Act of 1976 ("RCRA") and the Hazardous
and Solid Waste Amendment of 1984; (iii) the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601 et seq., as amended
from time to time, including, without limitation, as amended by the Superfund Amendments and
Reauthorization Act of 1986 ("SARA"); (iv) the Federal Water Pollution Prevention and Control
Act,33 U.S.C. §§ 1251 et seq.,as amended from time to time;(v)the Air Pollution Prevention and
Control Act,42 U.S.C. §§ 7401 et seq., as amended from time to time; (vi) the Toxic Substances
Control Act, 15 U.S.C. §§ 2601 et seq., as amended from time to time; (vii) the Safe Drinking
Water Act, 42 U.S.C. §§ 300f-300j, as amended from time to time; (viii) the Texas Hazard
Communication Act,Tex.Health& Safety Code §§ 502.001 et seq.,as amended from time to time;
(ix) the Texas Solid Waste Disposal Act, Tex. Health & Safety Code §§ 361.001, et seq., as
amended from time to time; (x) Chapter 26 of the Texas Water Code, as amended from time to
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
time; (xi) the Texas Clean Air Act, Tex. Health & Safety Code §§ 382.001, et seq., as amended
from time to time; and(xii)all rules,regulations,orders and decrees now or hereafter promulgated
under any Hazardous Material Law.
11.2. Lessee shall not allow or permit the Premises to be used for the handling,
transportation,storage,treatment or other use of any Hazardous Material,except those de minimus
amounts customarily found in a police office or used in the operation, maintenance or repair of
equipment, and improvements on the Premises and for cleaning. Lessee shall comply with all
Hazardous Material Laws throughout the term of this Lease. In the event Lessee should fail to
perform such responsibility, Landlord may terminate this Lease in accordance with section 13 as
described below.
12. Assignment or Encumbrance.
12.1. Without the prior written consent of the Landlord, which may be withheld in the
Landlord's sole discretion, Lessee may not mortgage, pledge, encumber or assign this Lease or
sublet the Premises,in whole or in part,to any person,firm,or corporation. Any attempted sublease
or assignment without such consent shall be void and of no effect.
12.2. Lessee agrees to prevent any mechanic's,materialmen's,laborer,or any other lien
from being placed upon all or any portion of the Premises or improvements thereto. In addition to
any other indemnity obligations of Lessee herein, Lessee agrees to hold harmless the Landlord
Indemnified Parties from and against any and all liabilities for damages occasioned by such liens,
to the extent allowed by law.
13. Defaults and Remedies.
13.1. Lessee's failure to perform or observe any covenant or condition of this Lease
shall, if continuing for thirty (30) days after written notice thereof to Lessee, constitute an "Event
of Default"hereunder.
13.2. This Lease and the term and estate hereby granted and the demise hereby made are
subject to the limitation that if and whenever any Event of Default shall occur,the Landlord may,
at its option,terminate this Lease,in which event Lessee shall surrender possession of the Premises
to the Landlord, and in connection therewith the Landlord may enter upon and take possession of
the Premises and expel or remove Lessee after Lessee receives notice of such Event of Default.
13.3. In the event the Landlord elects to terminate this Lease by reason of an Event of
Default,then,notwithstanding such termination,Lessee shall be liable to the Landlord for the sum
of any indebtedness accrued to the date of such termination.
14. Termination. Either party may terminate this Lease without cause by providing 30 day
written notice to the other party.
15. Notices.
15.1. All notices to the Landlord shall be sent to:
Sun Valley Properties,LP
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
5301 Sun Valley Drive
Fort Worth,TX 76119
Attn: Bowie Holland,Project Manager
bowicketeltd.com
15.2. All notices to Lessee shall be sent to:
City of Fort Worth
Property Management Department
900 Monroe, Suite 404
Fort Worth,Texas 76102
Attention: Lease Management
With a copy to:
City of Fort Worth Police Department
Bob Bolen Public Safety Complex
505 West Felix
Fort Worth,Texas 76115
Attention: Planning Manager
City of Fort Worth
City's Attorney Office
200 Texas Street
Fort Worth,Texas 76102
15.3. Mailing of all notices under this Lease shall be deemed sufficient if mailed
certified, return receipt requested and addressed as specified herein to the other party's address.
All time periods related to any notice requirements specified in this Lease shall commence upon
the terms specified in the section requiring the notice. In the absence of any such provision,notice
shall be deemed effective on the earlier of actual receipt or three (3)days after mailing.
16. No Options or Riehts of First Refusal. It is expressly agreed and acknowledged that this
Lease is limited to the Premises. Lessee shall have no rights to use from the Landlord any lands
other than this Premises, and all options or rights of first refusal in and to any portion of the
Premises,if any,are hereby expressly terminated.
17. Audit. Both parties recognize that there is no money to be exchanged under this Lease,
however the Landlord agrees that Lessee will have the right to audit the financial and business
records of the Landlord that relate to this Lease (collectively "Records") at any time during the
Term of this Lease and for three (3) years thereafter in order to determine compliance with this
Lease. Notwithstanding anything to the contrary herein, this section shall survive expiration or
earlier termination of this Lease.
18. Entire Lease; Modification. This Lease shall constitute the entire Lease of the Landlord
and Lessee,and shall supersede any prior Leases,either oral or written,pertaining to the Premises.
This Lease cannot be changed or modified orally, but only by an instrument in writing signed by
both parties.
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
19. Waivers. One or more waivers of any covenant,term,or condition of this Lease by either
the Landlord 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 the Landlord 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.
20. No Partnership. No provisions of this Lease shall be deemed or construed to constitute a
partnership or joint venture. Lessee shall have no express or implied right or authority to assume
or create any obligations on behalf of or in the name of the Landlord.
21. Choice of Law;Venue. This Lease and the relationship created hereby shall be governed
by the laws of the State of Texas. Exclusive venue for any action brought to interpret or enforce
the terms of this Lease or for any breach shall be in Tarrant County,Texas.
22. Construction.
22.1. Whenever used herein the singular number shall include the plural and the plural
number shall include the singular. Whenever used herein the masculine gender shall include the
feminine and neuter genders and the neuter gender shall refer to any gender.
22.2. Paragraph headings used in this Lease are intended for convenience only and not
necessarily to describe the intent of a particular Paragraph and therefore shall not be construed as
limiting the effect of any provision of this Lease.
23. No Waiver of Sovereign Immunity. Nothing in this Lease shall be deemed or construed
to waive either party's sovereign immunity.
24. Counterparts. This Lease may be executed in any number of counterparts,each of which
shall be deemed an original,but all of which together shall constitute one and the same instrument.
25. Effectiveness. This Lease shall be binding upon the Lessee only when signed by its
Assistant City Manager and shall be of no force and effect until so executed.
26. Time is of the Essence. Time is of the essence of this Lease and each and every provision
hereof.
[Signature Page Follows]
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
EXECUTED this 27 day of October 2021.
LESSEE: LANDLORD:
City of Fort Worth,a home-rule municipal Sun Valley Properties,LP, a Texas limited
corporation of the State of Texas partnership
Dana Burghdoff(Oct27,2o 9:28CDT By: McGlothlin Equities,LLC
Dana Burghdoff Its General Partner
Assistant City Manager DocuSigned by:
By: �GUA.�V7A �� U.lAlr�
Nam4 & thlin
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.
LgShand% DOGKBl,Y
By: LaShanda Dockery(Oct 25,202114:24 CDT)
LaShanda Dockery
Sr. Planner
APPROVED AS TO FORM AND LEGALITY:
By: � 4e�
Thomas Royce Hansen
Assistant City Attorney
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Form 1295:Not required
M&C: Not Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
Exhibit"B"
Floor Plan of Premises
5304 Sun Valley
6,608 SF
5300 Surd Valley 0A t
7,494 SF
2,931 91
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2 Sf
. ... .
4
YJ-128 sI
DocuSign Envelope ID: 1 DDFFB09-2C3B-45E1-981 F-941127144FOE
Exhibit"C"
Designated Parking Spaces Numerically Marked
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