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HomeMy WebLinkAboutContract 57956 CSC No. 57956 LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement') is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, Dana Burghdoff ("Lessee") and SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, a domestic non-profit corporation, acting by and through its duly authorized President,Dr. Adam W. Greenway, ("Lessor"). WHEREAS, Lessor and Lessee have agreed for the Lessee to lease office space at the Southwestern Baptist Theological Seminary located at 4540 James Avenue, Fort Worth, Texas 76115 from Lessor to be used as an office and storage space for the Fort Worth Police Department("FWPD"). NOW THEREFORE. in consideration of the rentals set forth in the Agreement, the parties agree to the following: SECTION 1. Leased Premises. For and in consideration of the covenants and agreements as expressed herein, Lessor does hereby grant to Lessee the use of office space at the Southwestern Baptist Theological Seminary located 4540 James Avenue, Fort Worth, Texas 76115 ("Premises") as depicted in more detail within Exhibit A of this Agreement which is attached hereto and incorporated herein. SECTION 2. Use of Leased Premises. The Premises will be used solely as office space (not open to the general public) for the FWPD and for no other purpose. SECTION 3. Term. This Agreement shall be for a period commencing on the execution of this Lease by all parties and terminating on September 30, 2023 ("Initial Term"). Subject to Lessee not being in default under this Agreement, upon expiration of the Initial Term, this Agreement shall automatically renew for up to four (4) successive one-year renewals ("Renewal Terms"), unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Agreement. Both the Initial Term and any Renewal Terms thereafter will collectively be known as the "Term". The terms of this Agreement shall continue to govern and control the relationship of the parties during any extensions or holdover by Lessee. SECTION 4. Holdover. Unless terminated earlier pursuant the terms herein, this Agreement will expire without further notice upon the expiration of all renewals. Any holding over by Lessee after the renewals expire will not constitute a renewal of the Agreement or give Lessee any rights under the Agreement in or to the Premises, except as a tenant at will. SECTION 5. Consideration. Lessor recognizes, as consideration for leasing the Premises to Lessee, that FWPD maintaining a presence on the Premises will promote safety not only on the Premises but throughout the community as a whole. Lessor also recognizes that this Agreement in no way obligates Lessee to provide any services in any form to Lessor. Lessor and Lessee expressly agree and stipulate that this Agreement 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 Agreement, the consideration is valuable and sufficient and that neither parry shall be able to assert otherwise in the event of litigation.Nothing herein shall constitute an obligation of Lessee funds. City of Fort Worth Lease Page 1 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX SECTION 6. Taxes,Insurance Utilities. Lessor shall pay for standard utilities except for internet and telephone, unless otherwise agreed by the parties and taxes related to the Premises. Lessor agrees that Lessor will pay for all taxes and insurance as they come due. SECTION 7. Maintenance. (a) Lessor shall maintain the roof, foundation, and structural soundness of exterior walls, HVAC, water and sewer lines, electrical system, Common Area (as defined below), and landscaping of the outside premises at its own expense in good order, condition, and repair during the Agreement Term. Lessor shall also be responsible to repair any damage caused by or resulting from any failure or disrepair of the roof, foundation, exterior walls, HVAC, water and sewer lines, or the electrical system. Lessee agrees to give Lessor notice of defects or need for repairs in the roof, foundation, exterior walls, HVAC, water and sewer lines, or electrical system of the Leased Premises, or damage caused thereby or resulting therefrom, and Lessor shall commence repair of such defects or disrepairs within twenty- four (24) hours of receipt of notice from Lessee. If the repair of such defects or disrepairs is not completed within an agreed upon time between Lessee and Lessor, within 10 days of the notice by Lessee to Lessor, then Lessee shall have the right to terminate this Agreement. If a defect or disrepair is the result of the negligence of Lessee, Lessee shall be responsible for the actual cost of the repairs, as evidenced by invoices. (b) Lessor shall maintain, at Lessor's expense, a preventive maintenance program providing for the regular inspection and maintenance of the HVAC. Lessor shall provide all routine maintenance in and around the Leased Premises, including replacement of light bulbs, elevator maintenance, pest control,replacement of light fixture fluorescent lamps and incandescent bulbs and landscaping. (c) Lessor shall provide all security, if any,to the Leased Premises during the Agreement Term. Lessee shall have no obligation to provide any security service or other security devised in or about the Leased Premises; and Lessee, in any event, shall have no liability hereunder for any theft, burglary, or other breach of securing during the Agreement Term. Lessee shall keep the Leased Premises in good, clean, attractive, sanitary, and habitable condition in compliance with all applicable health ordinances and regulatory provisions. (d) The "Common Area" of the Building is that part of the Building designated by Lessor from time to time for the common use of all tenants, including among other facilities, elevators, tunnels, skyways, halls, lobbies, delivery passages, drinking fountains, and public toilets, all of which are subject to Lessor's sole management and control. Lessee and its employees and invitees have the nonexclusive right to use the Common Area, this use to be in common with Lessor, other tenants of the Building, and other persons entitled to use the Common Area. SECTION 8. 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 Agreement. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the Leased Premises shall be borne solely by the Lessor. City of Fort Worth Lease Page 2 Lessee is a self-insured entity and as such, generally, it does 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 Lessee and not by a commercial insurance company. SECTION 9. 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 DAMAGERELATED IN ANY WAY TO THE EXISTENCE OF THIS AGREEMENT OR THE USE OR OCCUPANCY OF THE LEASED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY THIRD PARTY. FOR THE SAKE OF CLARITY, THIS INDEMNNIFICATION OBLIGATION DOES NOT COVER ACTS BY THE LESSEE, ITS OFFICERS, AGENTS, SERVANTS, AND/OR EMPLOYEES THAT RESULTS IN PHYSICAL INJURY TO OR PROPERTY DAMAGES TO A THIIM PARTY. LESSOR COVENANTS AND AGREEES TO RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE LESSEE, ITS OFFICEERS, 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 10. "AS-IS"Lease Lessor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning(i)the nature and condition of the Premises, including, but not limited to,the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; and (iii) the compliance of the Premises with any laws, rules, ordinances or regulations of any government or other body. The Premises as provided for herein is conveyed by Lessor and accepted by Lessee on an "AS IS" basis, and Lessee acknowledges that LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH IMPLIED WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIlVIED. LESSEE, ON BEHALF OF LESSEE, THE OWNERS AND THEIR PERMITTEES, HEREBY RELEASES LESSOR AND LESSOR'S AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, "LESSOR PARTIES" AND EACH INDIVIDUALLY A "LESSOR PARTY") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITY, COSTS, AND EXPENSES (COLLECTIVELY, "CLAIMS") THAT DIRECTLY OR INDIRECTLY RESULT FROM ANY USE OF THE PREMISES OR EXERCISE OF ANY RIGHTS UNDER THIS AGREEMENT BY LESSEE, THE OWNERS OR THEIR PERMITTEES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A LESSOR PARTY. All machinery, equipment and other personal property placed on the Premises by Lessee, the owners or their Permittees will be at the sole risk of the party placing such property on the Premises, and Lessor shall City of Fort Worth Lease Page 3 have no liability for any loss or damage thereto except to the extent such loss or damage is caused by Lessor's gross negligence or willful misconduct. Lessee releases all claims against Lessor for any damage to property or injury to persons due to the surface or subsurface conditions of the Premises or any improvements thereon or thereunder. SECTION 11. Fixtures and Improvements. (a) 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 Agreement, or subsequent to its termination by either parry. Lessor further agrees that Lessor will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever. (b) Lessee may, at their sole expense, paint, erect or display a sign, placard or lettering which is visible from the exterior of the Leased Premises, subject to Lessor's prior approval, which shall not be unreasonably withheld or delayed. SECTION 12. Default,Termination,Funding and Non-Appropriation. (a) Lessee Default.If Lessee defaults in the performance or observance of any covenant or provision of this Agreement, which default is not cured within 7 days after the giving of notice thereof by Lessor,then Lessor may, at Lessor's option,terminate this Agreement. (b) Lessor Default. If Lessor defaults in the performance or observance of any covenant or agreement of this Agreement, which default is not cured within 7 days after the giving of notice thereof by Lessee,then Lessee may, at Lessee's option,terminate this Agreement. (c) Termination.Lessor and Lessee shall have the right to terminate this Agreement at any time for any reason by giving thirty (30) days' written notice to the other parry prior to the intended termination date. If this Agreement is terminated under this Section, or as a result of the expiration of the Agreement term or any renewal period, neither party shall have any further obligation or liability to the other under this Agreement. 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 Agreement. (d) Funding and Non-Appropriation. This Agreement 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 13. Damage or Destruction. If the building or any other improvement on the Leased Premises should be damaged or destroyed by fire, tornado, or other casualty, Lessee shall promptly give written notice thereof to Lessor. If the City of Fort Worth Lease Page 4 damage is such that Lessee cannot use the Leased Premises for their intended use, Lessee shall have the right to terminate this Agreement effective immediately upon written notice with no further liability. If Lessee elects not to terminate, and Lessor proceeds to rebuild or repair such building or other improvements on the Leased Premises to substantially the condition in which it existed prior to such damage, Rent, utility charges, and any other costs to be paid by Lessee under this Agreement shall abate proportionally during such period and the abatement shall continue until the Leased Premises is fit for use by Lessee in the ordinary conduct of its business. SECTION 14. Right of Inspection. Lessor reserves the right to enter upon the Leased 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. Notwithstanding the above, given the sensitive nature of materials handled by the Fort Worth Police Department ("FWPD"), Lessor and all others having access pursuant to this Section 12 to any portion of the Leased Premises used by the FWPD shall not enter the Leased Premises unless accompanied by a representative of Lessee. Lessee shall make a representative available immediately upon request of Lessor. SECTION 15. Surrender of Leased Premises. Upon the termination of this Agreement 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 Agreement, 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 Agreement; and Lessee shall be responsible for repairing any damage to the Leased Premises caused by the removal of furniture and equipment. Additionally, if Lessee modifies the Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the termination of this Agreement, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee, provided, however, if Lessor gave prior approval of such alterations, additions, or improvements, Lessee shall not be required to perform any removal thereof. SECTION 16. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Leased Premises, and on the basis of such inspection Lessee hereby accepts the Leased Premises as suitable for the purposes for which the same are leased. In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, or HVAC equipment are not in good working condition on the commencement date of this Agreement, Lessee shall provide written notice to Lessor and if Lessor fails to complete the repair within 10 days, Lessee shall have the option to terminate the Agreement as prescribed under Section 11(b) outlined above. SECTION 17. Assignment. Lessee shall not assign or sublet this Agreement without the prior written approval of Lessor. Upon issuance of such approval, this Agreement 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 18. 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 City of Fort Worth Lease Page 5 change its designated person for notice,upon written notice to the other party of such change: 18.1 All notices to the Lessor shall be sent to: Southwestern Baptist Theological Seminary 4540 James Avenue Fort Worth, Texas 76115 Attention: Kevin Collins, Chief of Police 18.2. 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 Lessee's Attorney Office 200 Texas Street Fort Worth, Texas 76102 All time periods related to any notice requirements specified in the Agreement shall commence upon the terms specified in the section requiring the notice. The notice shall be deemed effective when deposited in United States mail postage prepaid, certified mail, return receipt requested, addressed to the other party as set forth above. SECTION 19. Subordination to Mortgages. Lessee accepts this Agreement subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or hereafter affecting the Leased Premises, and to renewals, modifications, refinancings and extensions thereof and if, but only if, each holder of any mortgage, deed of trust, ground lease or other lien subsequently affecting the Leased Premises has executed and delivered to Lessee a SNDA (hereinafter defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and other lien(s) subsequently affecting the Leased Premises, and to renewals, modifications, refinancings and extension thereof (collectively, a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee." This clause shall be self-operative, but upon City of Fort Worth Lease Page 6 request from a Mortgagee, Lessee shall execute a commercially reasonable SNDA in favor of the Mortgagee. If requested by a successor-in-interest to all or part of Lessor's interest in this Agreement, Lessee shall,without charge, attorn to the successor-in-interest if, but only if, such successor-in-interest has executed a SNDA or other agreement whereby such successor in interest has agreed not to disturb or interfere with Lessee's possession of the Leased Premises (subject to the terms and conditions of this Agreement) for so long as Lessee is not in default under this Agreement beyond any applicable notice and cure period. Lessor represents and warrants to Lessee that as of the date of this Agreement there is no Mortgage filed against the Leased Premises. Prior to permitting a Mortgagee to obtain a Mortgage on the Property, Lessor will use commercially reasonable efforts to cause such Mortgagee to execute a Subordination, Non-disturbance and Attornment Agreement ("SNDA") in form and substance reasonably satisfactory to Lessor, Lessee and the Mortgagee. The SNDA, among other things, shall provide that in the event a Mortgagee forecloses on the Leased Premises or otherwise enforces its right to divest Lessor of its fee simple interest in the Leased Premises, then such Mortgagee will not disturb Lessee's use and enjoyment of the Leased Premises for so long as Lessee is not in default under this Agreement beyond any applicable notice and cure period. SECTION 20. 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. SECTION 21. Entire Agreement. This Agreement 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 22. Waivers. One or more waivers of any covenant, term, or condition of the Agreement 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 parry requiring such consent or approval shall not be deemed a waiver or render unnecessary consent to or approval of any subsequent similar act. SECTION 23. Choice of Law and Venue. This Agreement 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 Agreement or for any breach shall be in Tarrant County,Texas. SECTION 24. Brokerage. The parties represent and warrant that neither has dealt with any broker, agent or other person in connection with this leasing transaction and that no broker, agent or other person brought about this leasing transaction. In no event shall Lessee be responsible for any fees charged by any broker, agent or other person. SECTION 25. Eminent Domain. If any part of the Leased Premises is taken by eminent domain, Lessee may either terminate this Agreement or continue the Agreement in effect. If Lessee elects to continue the Agreement, rent will be reduced in proportion to the area of the Leased Premises taken by eminent domain, and Lessor shall repair any damage to the Leased Premises resulting from the taking. Sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee shall be the property of Lessor, except for those sums awarded with respect to claims of Lessee against the condemning authority for moving costs and unamortized cost of leasehold improvements paid for by City of Fort Worth Lease Page 7 Lessee. If this Agreement is terminated under this Section 23, Lessor shall refund to Lessee any prepaid unaccrued rent less any sum then owing by Lessee to Lessor. SECTION 26. Invalidity of Particular Provisions. If any provision of this Agreement is or becomes illegal or unenforceable because of present or future laws or any rule or regulation of any governmental entity,the remaining parts of this Agreement will not be affected. SECTION 27. Audit. Both parties recognize that there is no money to be exchanged under this Agreement, however the Lessor agrees that Lessee will have the right to audit the financial and business records of the Lessor that relate to this Agreement (collectively"Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Notwithstanding anything to the contrary herein, this section shall survive expiration or earlier termination of this Agreement. SECTION 28. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or construed to waive either parry's sovereign immunity. SECTION 29. Counterparts. This Agreement may be executed in one or more counterparts, each of which when so executed and delivered shall be considered an original, but such counterparts shall together constitute one and the same instrument and agreement. SECTION 30. Effectiveness. This Agreement 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. SECTION 31. Police Protection. Lessor agrees and understands that Lessee in no way promises to provide increased Police protection or more rapid emergency response time because of this Agreement. No special relationship shall exist between Lessor or Lessee other than that of Lessor and Lessee. Lessee shall provide no greater police protection to Lessor than is provided to all other persons or businesses. [Signature Page Follows] City of Fort Worth Lease Page 8 EXECUTED this day of 2022. LESSEE: LESSOR: City of Fort Worth,a home-rule municipal Southwestern Baptist Theological Seminary, a corporation of the State of Texas domesti non-profit corporation Dam LA44 'y0� Dana Bur�5,2022� By: Dana Burghdoff Assistant City Manager Name: Title: 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. Name: Title: Sr Planner APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Hansen Assistant City Attorney ATTEST: a�FORT��aTT O OO�OOOO 0 (� Tcthhefte S. Gaa�Jctll ��0 G��d By: Jannette S.Goodall(Aug 8,2022 07:14 CDT) �o 040. 0 Janette S. Goodall 1 o= d City Secretary ��*oo *mod Form 1295:NA ����nEXASaAp M&C: 22-0423 City offort Worth Lease Page 9 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX E � � E zw man -try tl� ti 5i rkt # t` i .1( qat frE�,. all, xr,it rx?a r2 I f�+r e �.'N+ - t^ k t iSYitq tl i n d@ a u s a s tarr �, i x ■�..�� � a i j t �( E aC it ?5 �' is t ' _ ( Iip�ii et x s r nail a i n + l ' SSrrr, h [ri5 ter�' i5 a I ■IIF :NI k!rat E 2 t w Exit Y' sty i s I I !s , it a t, arsir x >!r €t Iwr �I �tna n� ti�3 i sty rat. __ rv.ki x.. xari d S t t 1 ( t T f I 3 l �f v5 as.e ma�ttme, xy S ie '�—'— pp c,� k spa '°E! +,§'-'Ea�>.r @a dew 'I 1[ S A �. Ra,gd W Fl d4'^" �4,�-a k>_ � i awa�_ .»`Y y ..�,�'s'» +a F� .,:3..,� d� sE��(• > T . e 1� z. :tia a €a ax� k'6��Yf �t � J' k t'�"s}#`� E� A���l��a --,may R —�^� .�•�i1f��,:.� „ '�� sapfa ER d a P�S� � � - �+• 4 4 low } Sid �� 5�'�t �4u g•�M �. � � [ as {t RIk (�.. Exhibit`B" Floor Plan of Premises outlined in blue m SCALE vts=T City of Fort Worth Lease Page 11 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas FORT WORT I I Create New From This M&C DATE: 6/14/2022 REFERENCE **M&C 22- LOG NAME: 21FWPD AT SW BAPTIST NO.: 0423 THEOLOGICAL SEMINARY CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9)Authorize Execution of a Lease Agreement with Southwestern Baptist Theological Seminary for Space Located at 4540 James Avenue, Fort Worth,Texas, 76115 to Be Used as an Office and Storage by the Fort Worth Police Department RECOMMENDATION: It is recommended that the City Council authorize execution of a lease agreement with Southwestern Baptist Theological Seminary for space located at 4540 James Avenue, Fort Worth, Texas, 76115 to be used as an office and storage by the Fort Worth Police Department. DISCUSSION: The Fort Worth Police Department(FWPD) has identified space at the Southwestern Baptist Theological Seminary(SWBTS) located at 4540 James Avenue, Fort Worth, Texas, 76115 (Premises) to be used by the FWPD as an office and storage. The landlord, SWBTS has agreed to charge no rent or utilities in return for the FWPD presence at the Premises. The City of Fort Worth and SWBTS have agreed to enter into a long term lease agreement to reflect a desire by both parties to ensure FWPD can remain in the space for an extended period of time. This primary term of the lease will commence upon the date of execution and will be set to expire on September 30, 2023. Upon expiration of the primary term, the lease shall be automatically renewed each year until terminated by either party by providing thirty (30) day written notice to the other party. This property is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of the recommendation will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year Chartfield 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Steve Cooke (5134) http://apps.cfwnet.org/council_packet/me review.asp?ID=29976&councildate=6/14/2022 6/14/2022 M&C Review Page 2 of 2 Additional Information Contact: Mark Brown (5197) Ricardo Salazar(8379) ATTACHMENTS Form 1295 Certificate 100909519 Lease pdf (CFW Internal) FWPD AT SEMINARY M AND C MAP pdf (Public) http://apps.cfumet.org/council_packet/mc review.asp?ID=29976&councildate=6/14/2022 6/14/2022