HomeMy WebLinkAboutContract 56564 CSC No. 56564
LEASE AGREEMENT FOR TEMPORARY FIRESTATION
BETWEEN COOK CHILDREN'S HEALTH CARE SYSTEM AND
THE CITY OF FORT WORTH
This Lease Agreement(the "Lease")is made effective as of October 1, 2021 ("Effective Date")by
and between COOK CHILDREN'S HEALTH CARE SYSTEM, a Texas non-profit corporation
("Landlord"), and the CITY OF FORT WORTH, a home-rule Municipal Corporation of the State of
Texas, acting by and through its duty authorized City Manager or Assistant City Manager("Tenant").
1. Leased Premises/Delivery.Landlord,in consideration of the rents and agreements set forth
i n this Lease, leases to Tenant and Tenant leases from Landlord that certain real property located at 13340
Highland Drive, in Aledo, Parker County, Texas 76008, as further described on Exhibit "A" attached to
this Lease and incorporated by this reference (the "Leased Premises"). The Leased Premises will be used
for a temporary fire station, including a portable station building to house the operations of Tenant and a
dome structure, the portable station building and dome structure to be provided by Tenant, for Tenant
employees,volunteers, and invitees. From time to time, Landlord may initiate construction projects on its
campus which may interfere with Tenant's use and enjoyment of the Leased Premises. If Landlord's
construction will cause a safety concern for Tenant's use of the Leased Premises during the construction
period, then,upon no less than sixty(60) days prior written notice, Landlord may, at Landlord's sole cost
and expense,temporarily relocate the leased space to another location on the Premises. Tenant's use of the
Leased Premises will be restored as soon as construction activity reaches a point that assures safety to
Tenant employees,volunteers, and invitees,with any damage to the Leased Premises caused by Landlord's
activities on or around the Leased Premises to be repaired at Landlord's expense. In the event that any such
relocation is required, Landlord shall be responsible for altering or expanding the Landlord Improvements
(as defined herein) to allow for Tenant's continued use of the Premises as a temporary fire station.
2. Term/Quiet Enjoyment/Renewal. The term of this Lease commences on October 1, 2021
("Commencement Date") and expires on September 30,2023 (the "Initial Term"),unless earlier terminated
by Landlord or Tenant in accordance with the terms and conditions of this Lease. Landlord may terminate
this Lease at any time without cause upon ninety (90) days' prior written notice to the Tenant. Provided
that Tenant observes and/or performs all of the conditions, covenants and provisions on Tenant's part to be
observed and/or performed under this Lease, Tenant will have quiet possession of the Leased Premises
throughout the Term, subject to all provisions of this Lease.
2.2 Renewal Term. If Tenant observes and/or performs all of the conditions, covenants and
provisions on Tenant's part to be observed and/or performed under this Lease and is not in default,
upon the expiration of the Initial Term of this Lease,Tenant shall have one(1)option to renew this
Lease for a term of one (1) year ("Renewal Term"). In order to exercise its option to renew this
Lease, Tenant shall notify Landlord in writing of its desire to renew this Lease no less than ninety
(90)calendar days prior to the expiration of the Initial Term.Any Renewal Term under this section
and the Initial Term are collectively referred to as the"Term."
3. Rent. In consideration for Tenant's provision of emergency and community services to
Landlord, Landlord agrees to provide the Leased Premises at no charge to Tenant throughout the 'Perm.
Landlord and Tenant expressly agree and stipulate that this Lease is based on valuable consideration.
4. Taxes/Net Lease. Landlord will pay directly to the appropriate taxing authority all
applicable ad valorem and real property taxes and assessments,if any,assessed against the Leased Premises
("Real Estate Taxes");provided,that Landlord retains the right, at Landlord's expense,to contest any such
taxes. It is the intention of the parties hereto that,except as otherwise expressly provided herein,this Lease
OFFICIAL RECORD
Page 1 of 12 CITY SECRETARY
FT. WORTH, TX
be completely net to Landlord, all utility and electrical charges, all maintenance, repair, and replacement
costs (structural and nonstructural), and all other costs and expenses which arise directly out of the
possession,use, occupancy, operations,maintenance or repair of all or any portion of the Leased Premises
shall be the responsibility of Tenant. Tenant shall furnish to Landlord, within ten (10) days after written
demand by Landlord, written proof of the payment of any water, sewer, electricity, or other rate, charge,
excise, levy, license fee, permit fee, inspection fee, or other governmental or similar charge, or any other
charge which is payable by Tenant pursuant to this Lease.
5. Use/Signage. The Leased Premises shall be occupied and used by Tenant solely as a
temporary fire station including a portable station building and dome structure (the dome structure to be
provided at Tenant's expense) in accordance with the Site Plan depicted on Exhibit "C" attached to this
Lease and incorporated by this reference for Tenant's employees,volunteers, and invitees. Tenant shall not
use or permit the Leased Premises, or any part thereof, to be used for any other purpose. In no event may
Tenant charge for parking on the Leased Premises. Tenant shall, at its sole cost and expense, comply with
and cause the Leased Premises to comply with, and be used in accordance with, all applicable laws,rules,
regulations, ordinances, restrictions and insurance policies, in effect during the Term. Tenant shall, at
Tenant's sole expense, procure each and every permit, license, certificate or other authorization and any
renewals, extensions or continuances of same required in connection with its lawful and proper use of the
Leased Premises.No use shall be made or permitted by Tenant of the Leased Premises or any part thereof,
nor any acts done or omissions made, which shall constitute waste, nuisance, unreasonable annoyance or
which may disturb the quiet enjoyment of tenants, concessionaires, licensees or occupants of the adjacent
buildings or which will create or omit unusual, offensive, hazardous or excessive quantities of dust, gas,
smoke, fumes,odors or other substances or cause excessive noise or vibrations. Tenant shall not allow any
toxic,hazardous or potentially hazardous substances to be stored in or to remain on any part of the Leased
Premises. Notwithstanding the foregoing, Landlord and Tenant expressly agree that Tenant shall use the
Leased Premises as a temporary fire station and that all reasonable and customary fire station uses shall be
permitted. All of Tenant's signage in and around the Leased Premises must be approved in advance by
Landlord, such consent not to be unreasonably withheld.
6. Landlord's Access. Landlord and its employees and agents shall have the right to access
the Leased Premises at all reasonable times for the purposes of(a)inspecting the Leased Premises to verify
that Tenant is in compliance with the terns of this Lease, (b) showing the Leased Premises to potential
purchasers or mortgagees, and (c) during the last year of the Term, showing the Leased Premises to
prospective tenants; provided, however, that any entry shall be at the sole cost, expense, and risk of
Landlord. Except in the event of an emergency,Landlord shall notify Tenant not less than two(2)business
days in advance of any such proposed entry, and Tenant may be present during any such entry by Landlord.
7. Maintenance and Repair. Landlord shall provide for Tenant a concrete pad, a gravel
parking lot, lighting, utility hookups and connections, and other items as more fully described in Exhibit
"B," attached to this Lease and incorporated by this reference, at the Leased Premises (the "Landlord
Improvements"),the cost of which will be charged to Tenant and Tenant agrees to reimburse Landlord for
these costs. In no event shall the Tenant be required to reimburse the Landlord for Landlord Improvements
in excess of One-Hundred Sixty-Two Thousand and 00/100 Dollars ($162,000.00). Landlord shall use its
best efforts to complete the Landlord Improvements by November 15, 2021. Other than the Landlord
Improvements, Landlord shall not have any liability or obligation to furnish or pay for any services or
facilities or to make any repairs or alterations of any kind to the Leased Premises,including but not limited
to structural repairs, unless caused by Landlord's activities on or around the Leased Premises. Tenant
Page 2 of 12
assumes the full and sole responsibility for the conditions,operation,repair,replacement,maintenance,and
management of the Leased Premises. Tenant, at its sole cost and expense, shall maintain the Leased
Premises in substantially the same condition and order as exists on the Commencement Date, reasonable
wear and tear excepted, shall take good care of the Leased Premises, and shall make all needed repairs.
Upon the expiration or earlier termination of this Lease, Tenant shall surrender possession of the Leased
Premises to Landlord, in substantially the same order and condition as the Leased Premises were at the
Commencement Date, Landlord Improvements and reasonable wear and tear excepted; and Tenant shall,
without expense to Landlord, remove or cause to be removed from the Leased Premises all debris and
rubbish, equipment and other articles of personal property owned by Tenant or placed by Tenant at its
expense on the Leased Premises,and all similar articles of any other persons claiming under Tenant.Tenant,
at its cost and expense, shall repair all damage to the Leased Premises resulting from such removal.
8. Alterations and Additions. Tenant may not demolish or undertake any alterations of the
Leased Premises or any part thereof without the prior written consent of Landlord,which consent shall not
be unreasonably withheld by Landlord. Alterations, additions and/or improvements to the Leased
Premises, other than the Landlord Improvements, shall be constructed and installed at Tenant's sole cost
and expense pursuant to plans and specifications approved in advance by Landlord. Prior to commencing
any future work, Tenant must provide to Landlord for Landlord's approval final working drawings of all
work that Tenant proposes to perform upon the Leased Premises. All work must be performed by
contractors and subcontractors approved in advance by Landlord.All contractors and subcontractors must
procure and maintain (a) insurance against such risks, in such amounts, and with such companies as
Landlord may reasonably require (which policies must contain waivers of subrogation and show the
additional insured status of Landlord as required by Landlord), and (b) if required by Landlord,payment
and performance bonds covering the cost of the work and otherwise reasonably satisfactory to Landlord.
Certificates of such insurance,with paid receipts therefor, and copies of such bonds must be received by
Landlord before any work is commenced.All work must be performed in a good and workmanlike manner
that is free of defects and is in strict conformance with the final drawings, plans, and specifications
approved by Landlord and otherwise in accordance with the terms and conditions of this Lease. Tenant
shall bear the entire cost of performing such work(including, without limitation, design of the work and
preparation of the working drawings,plans and specifications, costs of construction, labor and materials,
related taxes and insurance costs).
9. Condition of the Leased Premises. Tenant has fully inspected and examined the Leased
Premises and is relying solely on its inspection thereof. Tenant leases the Leased Premises and accepts it
AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF ANY NATURE, EXPRESS OR
IMPLIED. LANDLORD AND TENANT EXPRESSLY INTEND TO NEGATE AND EXCLUDE
ALL WARRANTIES PERTAINING TO THE LEASED PREMISES,EXPRESS OR IMPLIED,IN
FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, SUITABILITY FOR ANY
COMMERCIAL PURPOSE, HABITABILITY, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
10. Intentional +deleted.
11. Intentionally Deleted,
Page 3 of 12
12. Tenant's Insurance. At all times during the Term,Tenant must,at its expense,maintain
in effect insurance coverage with limits not less than those set forth below with insurers licensed to do
business in Texas. This policy must include a Waiver of Subrogation in favor of the Indemnitees.
Insurance Minimum Amounts and Limits
A. Employee Benefit
Employee Health and Safety Program Benefit Plan Statutory Limits
Employer's Liability $500,000
B. Commercial General Liability
Bodily Injury/Property Damage $1,000,000 each occurrence or
equivalent/$3,000,000 in the aggregate
This policy must provide it is a primary policy and name Landlord and Landlords
officers, directors, affiliates, employees, contractors and agents (collectively, "Landlord
Parties") as an additional insured.
C. Automobile Liability
Bodily Injury/Property Damage $100,000/$300,000/$l 00,000
This policy must provide it is a primary policy and name Landlord and Landlord
Parties as an additional insured.
D. Tenant must furnish to Landlord on or before the Commencement Date a
certificate(s) of insurance issued by the insurance carrier as evidence of these
coverages. The certificate(s) of insurance must specify the additional insured status
mentioned above.
E. Notwithstanding the preceding, Landlord agrees that Tenant shall be allowed to
retain(self-insure)in whole or in part any insurance obligations required herein. Tenant is
a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of
the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-
insured and therefore is not required to purchase insurance.
13. WAIVER OF LIABILITY. ALL PERSONAL PROPERTY UPON THE
LEASED PREMISES IS AT TH E RISK OF TENANT ONLY,AND LANDLORD WI LL NOT BE
LIABLE FOR ANY DAMAGE TO OR THEFT OF TENANT'S PERSONAL PROPERTY,EVEN
IF SUCH DAMAGE OR THEFT IS CAUSED BY THE NEGLIGENCE OF LANDLORD.
Page 4 of 12
14. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage,
deed of trust,or other lien presently existing or later placed upon the Leased Premises and as renewed and
extended, provided the holder of such mortgage, deed of trust or other lien enters into a subordination,
non-disturbance and attornment agreement reasonably acceptable to such holder and Tenant.
15. Default and Remedies.
(a) Tenant will be in default under this Lease (i) if Tenant fails to comply with any
obligation to be performed or observed by Tenant under this Lease within thirty(30)days after Landlord
has given Tenant written notice of such failure;provided,however,if such failure cannot be cured within
such thirty (30) day period, Tenant may have additional time to cure such failure, so long as Tenant
commences to cure such failure within such thirty(30)day period and thereafter diligently continues to
cure such failure until completion,(ii)if a decree or order by a court of competent jurisdiction is entered
adjudging Tenant bankrupt or insolvent or appointing a receiver or trustee or assignee in bankruptcy or
insolvency of all or substantially all of its property, and any such decree or order continues in force
and discharged or unstayed for a period of sixty (60) days, (iii) if Tenant becomes insolvent, makes a
transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or if a receiver or
trustee is appointed pursuant to the authority of a court of competent jurisdiction for Tenant or any of
the assets of Tenant and such receiver or trustee is not removed or discharged within sixty (60) days
after the appointment, or (iv) Tenant does or permits anything to be done which creates a lien upon
Landlord's interest in the Leased Premises, and any such lien is not discharged within thirty (30) days
after filing.
(b) Landlord will be in default under this Lease if(i) Landlord fails to comply with any
obligation to be performed or observed by Landlord under this Lease within thirty(30)days after Tenant
has given Landlord written notice of such failure; provided, however, if such failure cannot be cured
within such thirty (30) day period, Landlord may have additional time to cure such failure, so long as
Landlord commences to cure such failure within such thirty (30) day period and therefore diligently
continues to cure such failure until completion,(ii)a decree or order by a court of competent jurisdiction
is entered adjudging Landlord a bankrupt or insolvent or appointing a receiver or trustee or assignee in
bankruptcy or insolvency of all or substantially all of its property,and any such decree or order continues
in force undischarged or unstayed for a period of sixty(60) days, or (iii) Landlord becomes insolvent,
makes a transfer in fraud of creditors,or makes an assignment for the benefit of creditors,or if a receiver
or trustee is appointed pursuant to the authority of a court of competent jurisdiction for Landlord or any
of the assets of Landlord and such receiver or trustee is not removed or discharged within sixty(60)days
after the appointment.
(c) Upon the occurrence of an event of default by Tenant under this Lease, Landlord may,
in addition to any and all remedies available to Landlord at law, in equity or otherwise, terminate this
Lease effective upon the delivery by Landlord of written notice of termination to Tenant. If Landlord
defaults under this Lease, Tenant's exclusive remedy will be an action for damages; provided however,
under no circumstances whatsoever will either party ever be liable to the other party for indirect,
incidental, consequential, special or exemplary damages.
16. Damage or Destruction. During the Term,Tenant shall bear the risk of loss of any
Tenant's equipment,fixtures,or improvements on the Leased Premises. If any part of the Leased Premises
is damaged or destroyed by fire or other casualty then this Lease shall terminate as to such part.
Page 5 of 12
17. Eminent Domain. If any part of the Leased Premises is taken by— or conveyed
under the threat of—eminent domain (either a "taking" for purposes of this Section 17) during the Term
of this Lease, then this Lease shall terminate as to such part. All sums awarded or agreed upon between
Landlord and the condemning authority for the taking of the interest of Landlord or Tenant, whether as
damages or as compensation,will be Landlord's property without prejudice,however,to Tenant's separate
claims against the condemning authority.
18. Subletting, Ajaigmrignt Encumbering of Leased Premises. Tenant may not
sublet or assign all or any portion of its interest in the Leased Premises without Landlord's prior written
consent,which consent shall not be unreasonably withheld. Tenant may not partition,pledge,mortgage,
or hypothecate its interest in the Leased Premises. Tenant may not permit a mechanic's or materialman's
lien to attach to the Leased Premises. Tenant shall remove and discharge promptly, at its cost and
expense, all liens, encumbrances, and charges upon the Leased Premises or Tenant's interests in and to
the Leased Premises which arise out of the possession, use, occupancy, maintenance, or repair of the
Leased Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant,
but excluding liens caused or permitted by Landlord. In lieu of discharging any such lien, Tenant may,
at its cost and expense,post a bond in an amount sufficient to prevent foreclosure of such lien.
19. Sale by Landlord/Binding Effect.Landlord may transfer any interest it has in the
Leased Premises at any time upon notice of such transfer to Tenant. If Landlord transfers its interest in
the Leased Premises, it will be released and discharged when the transfer occurs from all covenants and
obligations of Landlord relating to the Leased Premises accruing under this Lease after the transfer. This
Lease binds and inures to the benefit of the parties and their respective legal representatives,successors,
and permitted assigns.
20. Holdover. If Tenant holds the Leased Premises after the expiration of the Term
without the written consent of Landlord, then, in the absence of a written agreement on the subject,
Tenant shall be deemed to be a tenant at sufferance. Nothing contained in this Section 20 shall be
construed as consent to such holding over.
21. Severability. If any provision of this Lease is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this Lease will be
construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the
remaining provisions hereof will remain in full force and effect. In lieu of any illegal invalid or
unenforceable provision herein,there will be added automatically as a part of this Lease, a provision as
similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,
valid and enforceable.
22. Entire Agreement. This Lease and any exhibits constitute the entire agreement
between Landlord and Tenant. There are no prior written or prior contemporaneous oral promises or
representations that are not fully expressed in this Lease. This Lease may not be modified or replaced
except by another written instrument signed by both parties.Paragraph captions are for convenience only
and neither limit nor amplify this Lease.
23. Texas LawNenue. This Lease must be construed and its performance enforced
under Texas law.The parties consent that venue of any action brought under this Lease will be in Tarrant
County, Texas.
24. Nonwaiver. Landlord does not waive any of its rights under this Lease by failing
to complain of any default of Tenant. If Landlord waives any of Tenant's defaults, that waiver will not
Page 6 of 12
waive any other default.
25. Notice. Any notice or request given under this Lease must be in writing and must
be either hand-delivered; sent by United States certified mail,postage prepaid return receipt requested;
or via overnight delivery service addressed to the parties at the respective addresses set out below.Either
party may change its address from time to time. Notice will be deemed given when delivered(if hand-
delivered),when postmarked(if sent by mail),or when deposited(if sent by overnight delivery service).
If to Landlord:
Cook Children's Health Care System
801 Seventh Avenue
Fort Worth, Texas 76104
Attention: General Counsel
If to Tenant:
City of Fort Worth
Property Management Department, Real Property Division
Attn: Ricky Salazar, Assistant Director
900 Monroe Street Suite#400
Fort Worth Texas 76102
With a copy to:
City of Fort Worth
City Attorney's Office
Attn: Matthew A. Murray
200 Texas Street
Fort Worth, Texas 76102
26. Rule of Construction. Each party and its counsel have reviewed and revised this
Lease. The parties agree that the rule of construction that any ambiguities are to be resolved against the
drafting party must not be employed to interpret this Lease or its amendments or exhibits.
27. Time of the Essence. Time is of the essence of this Lease.
28. No Joint Venture. The relationship between Landlord and Tenant at all times is
solely that of landlord and tenant and not a partnership or joint venture.
29. Descriptive_Headings. The descriptive headings of this Lease are inserted for
convenience in reference only and do not in any way limit or amplify the terms and provisions of this
Lease.
30. Cumulative Rights.Pursuit of any remedy provided for in this Lease by Landlord
shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided
by law, nor shall pursuit of any remedy provided for in this Lease constitute a forfeiture or waiver of
any amount due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation
of any of the terms,provisions, and covenants of this Lease.
Page 7 of 12
3 l. Estoppel Certificates.Tenant shall,at any time and from time to time upon not less
than twenty(20) days prior request by Landlord, execute, acknowledge, and deliver to Landlord,without
any charge or expense to Landlord, a statement in writing in the form provided by Landlord, certifying
that (i)this Lease is unmodified and in full force and effect(or if there have been any modifications,that
the same is in full force and effect as modified and stating the modifications), (ii) that no default exists
under this Lease on the part of the Landlord or Tenant, as the case may be, (except that if any default does
exist,then Tenant shall specify the default),and(iii)such other information as Landlord may reasonably
specify that relates to this Lease. Any such statement delivered pursuant to this Section may be addressed
to and relied upon by any prospective purchaser or encumbrancer (including assignees) of the Leased
Premises.
32. No Waiver of Governmental immunity. Tenant shall not be deemed to and does
not agree to waive or diminish any defenses available to it,whether pursuant to this Lease or otherwise,
including by example and without limitation, as to governmental immunity.
33. Healthcare Regulatoiy Provisions.
(a) Landlord and Tenant enter into this Lease with the intent of conducting their
relationship and implementing the agreements contained herein in full compliance with applicable
federal, state and local law, including without limitation, the Medicare/Medicaid Anti-Kickback statute
(the"Anti-Kickback Law") and Section 1877 of the Social Security Act(the"Stark Law"), as amended.
Notwithstanding any unanticipated effect of any of the provisions of this Lease, neither party will
intentionally conduct itself under the terns of this Lease in a manner that would constitute a violation of
the Anti-Kickback Law or the Stark Law. Without limiting the generality of the foregoing, Landlord
and Tenant expressly agree that nothing contained in this Lease shall require either party to refer any
patients to the other, or to any affiliate or subsidiary of the other.
(b) Landlord represents and warrants to Tenant that Landlord (1) is not currently
excluded, debarred or otherwise ineligible to participate in Medicare or any federal health care program
under section 1128 and 1128A of the Social Security Act or as defined in 42 U.S.C. § l 320a-7b(f) (the
"Federal Health Care Programs"); (ii) has not been convicted of a criminal offense related to the
provision of healthcare items or services; and (iii) is not under investigation or otherwise aware of any
circumstances which may result in Landlord being excluded from participation in any Federal Health
Care Program. The foregoing representation shall be an ongoing representation and warranty during the
Term of this Lease and Landlord shall immediately notify Tenant of any change in the status of the
representation and warranty set forth in this Section, at which time Tenant will have the right to
immediately tenninate this Lease.
34. Counterparts. This Lease may be executed in multiple counterparts, each of
which shall be deemed an original and all of which, taken together, shall constitute one and the same
instrument. Signatures transmitted by facsimile, .pdf, email or other electronic format shall be deemed
original signatures for all purposes hereunder.
[signature page follows]
Page 8 of 12
EXECUTED to be effective as of October 1, 2021.
LANDLORD:
Cook Children's He th Care System
By:
Name: -#)e—.r%- Sa*L-.5-
Title: f Sr4r Sr
TENANT:
City
y��o�n[f'(,/QnFort Worth
By:oanae.rgnd&&�oai'4i:3ocor;
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By: -Am(.-
Matt Murray
Assistant City Attorney
M&C 21-0759
Date: 09/28/2021
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.
By:
-
Ricky Salazar
Assistant Director
Property Management Department
a
1�F°��R�k��
ATTEST: /• °0.4
000 °_�
By: °°°°°°°° a
Ronald P. Gonzales ���*XO Zqq,
Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Page 9 of 12
Exhibit "A"
Leased Premises
Being a portion as noted below of Lot: 3,Blk: 2, Subd: WALSH RANCH"COOKS CHILDREN'S
HOSPITAL", PC E-196, City of Aledo, Parker County, Texas. The property is generally located
at and is also known as a portion of the parking lot as noted below at 13340 Highland Drive,Aledo,
Texas 76008
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COOK CHILDREN'S UTILITY LAYOUT
Page 10 of 12
Exhibit `B"
Landlord I1rproyements
A concrete pad, a gravel parking lot, lighting, utility hookups and connections
Project Estimate 7/27/2021
Walsh Temp Fire Department Location
item cost Comments
Constridan Quantity Unit Unit cost $ SZ939
Precon 1 IS $ MIS 161
GC/GR 1 IS $ 6,59915 6,599
Demo/Site Prep 1 IS r 2;000 $ 2,006
Tie Down Footings 1 IS S 2500 S 2,500 May not be needed but unknown at this point
Foundation(concrete) 1200 SF S 7.00 S 22,400
Gravel Area(Parking) 3,700 SF $ 2 $ 5,5S0
Sigage 1 LS S S00 S 500 Allowance for Signs
Electrical 1 IS $ 7,820 $ 7,820 Based upon Fisk bid
Security lighting Allowance 1 LS $ 2,50015 2,500 Allowance for lighting
Plumbing 1 LS $ 24,15015 24,150 Based upon Ski Hi bid
Landscape Repair 1 LS $ 2,00015 2,000 Allowance
Sub Default Insurance 1 IS $ 1,033 S 1,033
ISIP(CCIP) 1 IS $ 1,801 $ 1,801
OH 1 LS S 2,316 $ 2,316
Profit 1 LS $ 1,609 $ 1,609
Professional Services 2,0D0
Civil 1 I LS $ 2,000 $ 2,000 I Based upon Dunaway quote
Contingency/Escalation 11,041
Pro Total$ 95,9801
Page 11 of 12
Exhibit"C"
Site Plan
ExImNG ,
]. BUILDING ,•
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IW&WRANCN I
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0—AN tot
LOT 3,BLOCK 1 I ry
WALSH RANCH " r
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�� FORT WORTH FIRE DEPARTMENT TEMPORARY FIRE STATION
COOK CHILDREN'S-WALSH RANCH
m�s'F`ia
Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/28/21 M&C FILE NUMBER: M&C 21-0759
LOG NAME: 21COOK CHILDRENS GROUND LEASE
SUBJECT
(CD 3) Authorize the Execution of a Ground Lease Agreement with Cook Children's Health Care
System or Affiliate for Approximately Two Acres of Land Located at 13340 Highland Hills Drive,
Fort Worth, Texas 76008 for a Temporary Fire Station, Authorize the Expenditure of Up to
$162,000.00 for Necessary Site Improvements, Authorize a One-Time Purchase Agreement with
the City of Grapevine for a Dome Shelter in the Amount of$5,000.00 for the Fire Department and
Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a ground lease agreement with Cook Children's Health Care
System, or affiliate, for approximately two acres of land located at 13340 Highland Hills Drive,
Fort Worth, Texas 76008 for a temporary fire station;
2. Authorize the expenditure of up to $162,000.00 for necessary site improvements;
3. Authorize a one-time purchase agreement with the City of Grapevine for a dome shelter in the
amount of$5,000.00 for the Fire Department; and
4. Adopt attached appropriation ordinance adjusting estimated receipts and appropriations in
the General Capital Project Fund by increasing receipts and appropriations in the Temp Fire
Station 43 project (City Project No. 103643) by $162,000.00 and decreasing estimated
receipts and appropriations in the Fire Station 42 project (City Project No.C01563) by the
same amount.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize the execution of a ground lease
agreement with Cook Children's Health Care System for approximately two acres of land located at
13340 Highland Hills Drive, Fort Worth, Texas 76008 for a temporary fire station.
The City of Fort Worth Fire Department (Fire) and Cook Children's Health Care System (Cook
Children's) have been in discussions and are in agreement for Fire to lease land next to Cook
Children's Urgent Care Walsh Ranch for a temporary fire station to provide emergency
preparedness, education, prevention, and response coverage for the City of Fort Worth (City) far
west city-limits. The temporary fire station site will allow the City to finalize the construction of Fire
Station No. 43 which will be located at Walsh Avenue and Walsh Ranch Parkway.
With assistance from the City of Fort Worth Property Management Department, Fire and Cook
Children's have agreed on terms to lease land at 13340 Highland Hills Drive, Fort Worth, TX
76008.
The terms are as follows:
• Term length of two (2) years with an estimated lease commencement date of October 1,
2021 and lease expiration date of September 30, 2023.
• The City will be responsible for paying tenant improvements not to exceed $162,000.00 to
Cook Children's for installing a concrete pad, security lighting, and extending utility service to
the leased premises. In accordance with the City Code of Ordinances, Part II, Chapter 7-1
Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City
personnel on property under the control of the City of Fort Worth shall be exempt from the
permit fees only if the work is for action under a contract that will be or has been approved by
City Council with notes in the contract packages stating the fee is waived."
• The City will be responsible for all operating expenses necessary for the temporary fire
station and all costs associated with the installation of the temporary office trailers and dome
shelter including permitting, infrastructure improvements, and connection of utilities and utility
services.
The City of Fort Worth Fire Department is also seeking authorization to make a one-time purchase
from the City of Grapevine for a dome shelter in the amount of$5,000.00 for use at the temporary
fire station.
This property is located in Council District 3.
A Form 1295 is not required because: This M&C does not request approval of a contract with a
business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the UNSPEC project within the
General Capital Projects Fund and upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the General Capital Project Fund
for the Temp Fire Station 43 project to support the approval of the above recommendations and
execution of the agreements. Prior to an expenditure being incurred, the Fire Department has the
responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Ricky Salazar 8379
Expedited