HomeMy WebLinkAboutContract 58471 CSC No. 58471
LEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CENTER FOR
TRANSFORMING LIVES
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 ("Landlord') and CENTER
FOR TRANSFORMING LIVES, a domestic non-profit corporation, previously known as YWCA Fort
Worth and Tarrant County("Tenant 1).
WHEREAS, under CSC # 13915, Landlord and Tenant entered into the original lease of the
Premises previously known as Fire Station No. 14, situated at 3401 Avenue I, Fort Worth, Texas, 76105
(the"Previous Lease");
WHEREAS,the term for the Previous Lease expired on June 30, 1989;
WHEREAS,under M&C L-12118,City Council for the City of Fort Worth approved the execution
of a new lease agreement between the Landlord and the Tenant that would have created a term extending
out to December 31,2017;
WHEREAS, due to various issues at the time, many unknown now, the planned lease was never
executed between the parties;
WHEREAS,the Tenant,therefore,remained in holdover status from the Previous Lease up to this
day; and
WHEREAS,now both the Landlord and Tenant wish to execute a new lease of the Premises which
will update the lease provisions between the parties and formalize the longstanding relationship between
the parties for years to come.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,Landlord and Tenant hereby agree as follows:
1. Leased Premises,Use of Premises.
1.1 Leased Premises. For and in consideration of the agreements of the parties
expressed
herein,Landlord demises and leases to Tenant,and Tenant leases from Landlord,the premises previously
known as Fire Station No. 14, situated at 3401 Avenue I,Fort Worth,Texas,76105,legally described as
Polytechnic Heights Addition,Block 53,Lots 10& 11 (collectively referred to as the "Premises" in this
Lease)and further described in Exhibit"A"which is attached hereto.
1.2 Permitted Use. Tenant may use the Premises only for the purpose of developing,
helping homeless women and their families achieve housing stability faster,increase their education
and income,and stay out of homelessness for good,as well as providing child care and for no other
purpose without the written consent of Landlord.Tenant may not use all or any part of the Premises
or any building situated on them for any use or purpose that violates any valid and applicable law,
OFFICIAL RECORD
CITY SECRETARY
LEASE AGREEMENT BETWEEN FT.WORTH,TX
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 1
regulation,or ordinance of the United States,the State of Texas,the County of Tarrant, or the City
of Fort Worth,or other lawful authority with jurisdiction over the Premises.
1.3 Nature of Lease. No legal title, easement or other possessory interest in real
estate, including any leasehold interest in the Premises, or any appurtenances thereto, shall be
deemed or construed to have been created or vested in Tenant, except as contained in this
Agreement. Landlord does not in any way or for any purpose, become a partner of Tenant in the
conduct of business,or otherwise, or joint venture or a member of a joint enterprise with Tenant.
1.4 Conduct of Business. Tenant shall conduct its Permitted Use in the Premises in
a first class manner, shall provide for security in the Premises and shall abide by all rules and
regulations existing or as established by Landlord. Tenant shall not permit the accumulation of
rubbish,trash, garbage and other refuse in and around the Premises, will remove same at Tenant's
expense,and will keep such refuse in proper containers on the interior of the Premises until removal
by Tenant to the collection area designated by Landlord. Tenant hereby assumes all responsibility
for obtaining and keeping effective all Leases, permits and approvals necessary to allow the
operation of the business and shall otherwise comply with all applicable governmental rules and
regulations concerning such operation.
2. Term and Lease Fee.
2.1 Primary Term. Unless terminated earlier pursuant to the terms herein, the initial
term of this Agreement shall be effective beginning on October 1, 2022 and ending on the
September 30,2027 ("Primary Term").
2.2 Renewals. Subject to Tenant not being in default under this Agreement, this
Agreement provides for two (2) automatic one (1) year renewals at the end of the primary term
unless either party provides thirty (30) days' prior written notice otherwise. The first renewal
expires on September 30,2028. The second renewal expires on September 30,2029.
2.3 Holdover Tenancy. Unless terminated earlier pursuant to the terms herein, this
Agreement will expire without further notice upon the expiration of all renewals. If Tenant holds
over and continues in possession of the Premises after the Term expires,Tenant will be considered
to be occupying the Premises at will subject to all terms of this Agreement.
2.4 Consideration & Lease Fee. Tenant agrees and shall pay to the Landlord as
base rent for the Premises during the said Primary and Renewal Terms, the total sum of$1.00 per
year. The Landlord recognizes the Tenant's use of the Premises to assist in the development and
assistance of homeless women and their families achieve housing stability faster, increasing their
education and income,as a legitimate public purpose that warrants the use of the Premises without
additional fees.
3. Condition of the Premises. TENANT 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 TENANT TO EXPRESSLY NEGATE AND
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 2
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 Tenant each acknowledge and agree that no security deposit for
the Premises has been received by the Landlord from Tenant,and therefore,the Landlord shall have
no obligation to refund any such amounts to Tenant upon the termination of this Agreement.
5. Utilities and taxes. Tenant will pay or cause to be paid all charges for water,heat,gas,electricity,
sewer, and all other utilities used or needed to be constructed to serve the Premises throughout the
Term and any renewals, including any connection fees. Tenant will pay and discharge all taxes,
general and special assessments, and other charges of any kind levied on or assessed against the
Premises and all interest in the Premises and all improvements and other property on them during
the Term and any extension, whether belonging to Landlord or to Tenant. Tenant will pay all the
taxes, charges, and assessments directly to the public officer charged with their collection before
they become delinquent,AND TENANT WILL
INDEMNIFY LANDLORD AND HOLD IT HARMLESS FROM ALL SUCH TAXES,CHARGES,AND
ASSESSSMENTS. TENANT MAY, IN GOOD FAITH AT ITS OWN EXPENSE (AND IN ITS OWN
NAME) CONTEST ANY SUCH TAXES, CHARGES, AND ASSESSMENTS AND MUST PAY THE
CONTESTED AMOUNT, PLUS ANY PENALTIES AND INTEREST IMPOSED, IF AND WHEN
FINALLY DETERMINED TOBE DUE.
6. Repairs and Maintenance.At all times during the Term and any extension,Tenant will keep and
maintain,or cause to be kept and maintained the Premises,all buildings and improvements erected
on the Premises in a good state of appearance and repair at Tenant's own expense. If deemed
necessary or desirable by Landlord, any such repairs (including structural repairs) or general
maintenance shall be Landlord's sole responsibility and expense. Tenant shall maintain the
Premises as necessary to serve Tenant's purposes hereunder. Notwithstanding the foregoing,
Landlord shall not be obligated to make any repair necessitated by the negligence of Tenant or by
any breach of this Agreement by Tenant.
7. Damage or Destruction. If any building or improvement constructed on the Premises is
substantially damaged or destroyed by fire or any other casualty, Tenant must, within ninety(90)
days from the date of the damage or destruction,begin to repair,reconstruct,or replace the damaged
or destroyed building or improvement and pursue the repair, reconstruction, or replacement with
reasonable diligence so as to restore the building to substantially the condition it was in before the
casualty. But if beginning or completing this restoration is prevented or delayed by war, civil
commotion, acts of God, strikes, governmental restrictions, or regulations, or interferences, fire or
other casualty, or any other reason beyond Tenant's control, whether similar to any or those
enumerated or not,the time for beginning or completing the restoration(or both)will automatically
be extended for the period of each side delay.
8. Alterations, Improvements and Sianage. Tenant shall make no alterations or improvements to
the Premises without the prior written consent of the Landlord.Any Tenant improvements approved
by the Landlord and made by Tenant after the Effective Date which remain on the Premises after
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 3
the termination of this Agreement may become the property of the Landlord and may be disposed
of as the Landlord may determine with no liability or obligation to Tenant. Any buildings,
improvements,additions,alterations,and fixtures(except furniture and trade fixtures)constructed,
placed or maintained on any part of the Lease Premises during the term and considered part of the
real property of the Premises and must remain on the Premises and become Landlord's Property
when the Lease terminates.
9. Right to Remove Personal Property Fixtures. Tenant may, at any time while it occupies the
Premises, or within a reasonable time thereafter, not to exceed ninety(90) days, remove personal
property, furniture, machinery, equipment, or other trade fixtures owned or placed by Tenant, its
subtenants or licensees, in, under, or on the Premises, or acquired by Tenant, whether before or
during the Term and any extension. Before the Lease terminates, Tenant must repair any damage
to any buildings or improvements on the Premises resulting from the removal.Any such items not
removed within a reasonable time after the Lease termination date,not to exceed ninety(90)days,
will become Landlord's property on that date.
10. Right of Entry. Upon request of the Landlord, Tenant 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 Tenant's use of the Premises,as determined in Tenant's
sole discretion.
11. INDEMNITY.
TENANT SHALL AND DOES AGREE TO INDEMNIFY,
PROTECT, DEFEND AND HOLD HARMLESS LANDLORD, LANDLORD'S
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS AND EXPENSES, (INCLUDING REASONABLE COURT COSTS,
REASONABLE ATTORNEYS' FEES AND REASONABLE COSTS OF
INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION TO THE
EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1)
RELATING TO THE USE OR OCCUPANCY OF PREMISES BY TENANT, ITS
EMPLOYEES, AGENTS AND LESSEES OR (2) BY REASON OF ANY OTHER
CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED BY ANY ACT OR OMISSION ON THE PART
OF TENANT OR ANY LESSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT,
OR CONTRACTOR OF TENANT OR (3) BY ANY BREACH, VIOLATION OR
NONPERFORMANCE OF ANY COVENANT OF TENANT UNDER THIS
AGREEMENT (COLLECTIVELY, "LIABILITIES"), EXCEPT TO THE EXTENT
ARISING OUT OF OR RESULTING FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING
SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 4
WITH ANY SUCH LIABILITY OR CLAIM, TENANT, ON NOTICE FROM
LANDLORD, SHALL DEFEND SUCH ACTION OR PROCEEDING,AT TENANT'
EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY
TO LANDLORD. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO
ALL ACTIVITIES OF TENANT WITH RESPECT TO THE USE AND OCCUPANCY
OF PREMISES, WHETHER OCCURRING BEFORE OR AFTER THE
COMMENCEMENT DATE OF THE LEASE TERM AND BEFORE OR AFTER THE
TERMINATION OF THIS AGREEMENT.THIS INDEMNIFICATION SHALL NOT
BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE
UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS,
DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES'BENEFIT ACTS.
W IT IS AGREED WITH RESPECT TO ANY LEGAL
LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE
VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION
UNDER THIS PARAGRAPH 11, SUCH LEGAL LIMITATIONS ARE MADE A
PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO
AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT
NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE
REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE
INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND
EFFECT.
12. WAIVER OF LIABILITY. TENANT WAIVES ALL CLAIMS AGAINST INDEMNITEES
FOR INJURY TO OR DEATH OF PERSONS OR FOR ANY LOSS OF OR DAMAGE TO
PROPERTY OF TENANT, ITS EMPLOYEE, AGENTS, CUSTOMERS, OR INVITEES
REGARDLESS OF WHETHER THE LOSS OR DAMAGE IS DUE TO CASUALTY, THEFT,
OR ANY OTHER CAUSE. ALL PERSONAL PROPERTY ON THE PREMISES IS AT THE
RISK OF TENANT ONLY,AND TENANT WAIVES ALL CLAIMS AGAIST INDEMNITEES
FOR ANY DAMAGE TO OR THEFT OF PERSONAL PROPERTY ON THE PROPERTY.
13. Insurance. Tenant shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified herein, which liability policy shall name the City of Fort Worth
as an additional insured and covering all public risks related to the leasing, use, occupancy,
maintenance, existence or location of the Premises. Tenant shall obtain the following insurance
coverage at the limits specified herein:
* Commercial General Liability: $1,000,000.00 per occurrence (Including Products and
Completed Operations);
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 5
In addition,Tenant shall be responsible for all insurance to any personal property of Tenant or in Tenant's
care, custody or control. Tenant is allowed to self-insure without the prior written consent of Landlord.
Any self-insured retention or other financial responsibility for claims shall be covered directly by Tenant
in lieu of insurance.
14. Food Sold or Provided on the Premises. If food will be served on the Premises, Tenant shall
ensure that all food vendors and food handlers are in compliance with State and City of Fort Worth
regulations.In addition,if food is served on the Premises,Landlord shall be named as an additional
insured on all food vendors insurance policy.
15. Limitation of Right of Recovery against Landlord. Except for the gross negligence or willful
misconduct of Tenant,or a breach of this Agreement by Tenant or its agents,attorneys,employees,
contractors, representatives, officers, directors, and related parties, Landlord hereby indemnifies
Tenant or its agents, attorneys, employees, contractors, representatives, officers, directors, and
related parties against all claims, assertions, demands, rights, or causes of action which (i) arise
from or in connection with the common areas of the"Project"in which the Premises is located; or
(ii) result from the gross negligence or willful misconduct of Landlord or its agents, attorneys,
employees,contractors,representatives,officers, directors,and related parties.
16. Environmental Matters.
16.1 For purposes of this Agreement, "Hazardous Materials"means and includes those
substances deemed hazardous, toxic or dangerous under any Hazardous Material Law (deemed
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 toxins,pollutants,effluents,petroleum
and fuels derived therefrom, contaminants, emissions or related materials, and any items included
in the definition of hazardous or toxic 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 ("RC RA") 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 time; (xi) the Texas
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 6
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.
16.2 Tenant 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.Landlord and its agents,employees
and contractors, shall have the right,but not the obligation,to enter the Premises at all reasonable
times to inspect the Premises and Tenant's compliance with the terms and conditions of this
paragraph or to conduct investigations and tests. No prior notice to Tenant shall be required in the
event of an emergency, or if Landlord has reasonable cause to believe that violations of this
paragraph have occurred, or if Tenant consents at the time of entry.
17. Assignment or Encumbrance.
17.1 Without the prior written consent of the Landlord, which may be withheld in the
Landlord's sole discretion, Tenant may not mortgage,pledge, encumber or assign this Agreement
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.
17.2 Tenant 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.
18. Defaults and Remedies.
18.1 Tenant' Default. If Tenant shall fail to perform or observe any of its obligations
hereunder, and such failure continues for more than fifteen (15) days after written notice from
Landlord(provided that such 15 day period shall be extended if such failure cannot reasonably be
cured within 15 days and Tenant begins to cure such failure within such 15 day period and thereafter
proceeds with due diligence to complete such cure),then Landlord may terminate this Agreement
by giving Tenant written notice of such termination prior to the curing of the default. Such rights
of Landlord in the case of a default by Tenant hereunder are not exclusive, but are cumulative of
all other rights Landlord may have hereunder, at law or in equity; and any one or more of such
rights may be exercised separately or concurrently to the extent provided by law.
18.2 Landlord's Default. Should Landlord commit a default under this Agreement and
such default continues for more than fifteen(15) days after written notice from Tenant (provided
that such 15 day period shall be extended if such failure cannot reasonably be cured within 15 days
and Landlord begins to cure such failure within such 15 day period and thereafter proceeds with
due diligence to complete such cure), Tenant may terminate this Agreement by giving Landlord
written notice of such termination prior to the curing of the default: Such rights of Tenant in the
case of a default by Landlord hereunder are not exclusive, but are cumulative of all other
is Tenant may have hereunder, at law or in eQujtV,=d any one or more of such rights
may be exercised separately or concurrently to the extent provided b
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 7
19. Termination. Either party may terminate this agreement without cause by providing 120 day
written notice to the other party.
20. Notices.
20.1 All notices to the Tenant shall be sent to: Center For Transforming Lives
3401 Avenue I
Fort Worth,Texas 76105
20.2 All notices to Landlord shall be sent to:
City of Fort Worth
Property Management Department
900 Monroe, Suite 400
Fort Worth,Texas 76102
Attention: Lease Management
With a copy to:
City of Fort Worth
Attorney Office
200 Texas Street
Fort Worth,Texas 76102
20.3 Mailing of all notices under this Agreement 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 Agreement 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.
21. Audit.Upon Landlord's request and following reasonable advance notice, Tenant will make such
books and records pertaining to this Lease available for review by Landlord during Tenant's normal
business hours. Landlord, at Landlord's sole cost and expense, shall have the right to audit such
books and records in order to ensure compliance with the terms of this Lease. Both parties
recognize that any payments to the Landlord by Tenant will not require the review of any of
Tenant's records and therefore there will not be any records to audit now or in the future as long as
the Landlord is not paying any utilities or other operating expenses under this Lease.
22. No Options or Rights of First Refusal/Notification of Sale of Property. It is expressly agreed
and acknowledged that this Agreement is limited to the Premises. Tenant 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. However, Landlord
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGES
may provide Tenant with notice in the event the Landlord puts the Premises on the market for sale
in order to allow the Tenant to submit an offer, along with any others,to purchase the property.
23. Entire Agreement; Modification. This Agreement shall constitute the entire agreement of the
Landlord and Tenant,and shall supersede any prior agreements,either oral or written,pertaining to
the Premises. This Agreement cannot be changed or modified orally,but only by an instrument in
writing signed by both parties.
24. Waivers. One or more waivers of any covenant,term,or condition of this Agreement by either the
Landlord or Tenant 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 Tenant 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.
25. No Partnership. No provisions of this Agreement shall be deemed or construed to constitute a
partnership or joint venture. Tenant 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.
26. Choice of Law;Venue. This Agreement 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 Agreement or for any breach shall be in Tarrant County,Texas.
27. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or construed to
waive either party's sovereign immunity.
28. Entire Agreement. This Lease shall constitute the entire agreement of the Landlord and Tenant,
and shall supersede any prior agreements,either oral or written,pertaining to the Premises.
29. Counterparts. This Agreement 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.
(Signatures on following page.)
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 9
EXECUTED this day of , 2022.
LANDLORD: TENANT:
City of Fort Worth,a home-rule municipal CENTER FOR TRANSFORMING LIVES,
corporation of the State of Texas a domestic non-profit corporation
t)w,gul-la Carol Klooek
Dana Bur¢hdoff( v 16,2 19:06 CST) By:Carol Klocek(Nov 16,202215:21 CST)
Dana Burghdoff Carol Kloce k
Assistant City Manager Name:
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: Mark Bro n(Nov 16,202217:22 CST)
Title: Lease Manager,Property Management Department
APPROVED AS TO FORM AND LEGALITY:
By:
Thomas R.Hansen
Assistant City Attorney
�444anp��
as FORT a�d
oo
O
ATTEST: o
p °° °°�=do°
o
By:
ette S.Goodall(Nov 17,2022 0 • CST)�
Jannette S. Goodall
City Secretary
Form 1295: Yes OFFICIAL RECORD
M&C: 22-0915 CITY SECRETARY
Date: 11.08.2022 FT.WORTH,TX
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH PAGE 10
Exhibit"A"
w NEES `' Z
R TON
4THr-
GALV EZI r
u7 V' i
� T _.
Center For Transforming Lives
3401 Avenue I
Fort Worth,Texas 76 10 5
� VIEW
FORMA UJ
m .. .. i..,
F Q O EA N O LA ,:
r u
ETA - jA co u �" AL� S
LEUDA w HA'APSHIRE ;.
~ c AVE S H#yy�LF T � � � Z -J
Uj AVE E� WINE)
to - SPU 303ROSE
'
M0 R Eli.v tii AVE H v
cc
"JdAEJ§ Q3( AV E jAVE K
ELMWOCD -u 131
1 HAVE'AVE Fui U AVE L �
WCE?i OND 9 4 AVE N 0.
ETA.V ES � 2 A DA
M � FIAi?VErY k i p � CRENSHAVWLO
CL
�
cl
%n to C t .sE3EPRY.
` I m ❑ 4'.
(ter
UJ
Atli ITOYq � Q
C3
t i CS
. HAR€]EM-AN
-' 'C CC)L LEN
T FI.Fu�EiERLENE. KNOX Fri€RE ANE tL
LEASE AGREEMENT BETWEEN
CENTER FOR TRANSFORMING LIVES&
CITY OF FORT WORTH 11
PAGE
. � � , �
� , y> .. & .
�
CeMEFg9»sforGgL&es /
wo]AvenueI
Fort WbgkT25Ag5
% -
z y }
: L
AVEI — — — — - -
.
�
PAGE 12
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT
Create New From This M&C
DATE: 11/8/2022 REFERENCE **M&C 22- LOG NAME: 210ENTER FOR
NO.: 0915 TRANSFORMING LIVES
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize Execution of a Lease Agreement with Center for Transforming Lives for
City Owned Space Located at 3401 Ave I, Fort Worth, Texas, 76105 for One Dollar and
Find that the Lease Serves a Public Purpose as the Space Will be Used to Provide
Valuable Services to the Community as a Child Care Center and for Helping Homeless
Women and their Families by Educating on How to Achieve Housing Stability,
Increasing Their Education and Income, and How to Stay Out of
Homelessness Permanently, and that Adequate Controls are in Place to Carry out Such
Public Purpose
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a lease agreement with Center for Transforming Lives for City owned space
located at 3401 Ave I, Fort Worth, Texas, 76105 for one dollar.
2. Find that the conveyance of the lease for one dollar rent to Center for Transforming Lives serves a
public purpose as the space will be used to provide valuable services to the community as a child
care center and for helping homeless women and their families by educating on how to achieve
housing stability, increasing their education and income, and how to stay out of
homelessness permanently, and that adequate controls are in place to carry out such public purpose.
DISCUSSION:
Under CSC # 13915 , Center for Transforming Lives (formerly YWCA) known as Tenant and City of
Fort Worth (Landlord) entered into the original lease of the Premises previously known as Fire Station
No. 14, containing approximately 4500 s.f., situated at 3401 Avenue I, Fort Worth, Texas, 76105 (the
"Previous Lease");
The term for the Previous Lease expired in June 30, 1989;
Under M&C L-12118, City Council approved the execution of a new lease agreement between the
Landlord and the Tenant that would have created a term extending out to December 31, 2017;
Due to various issues at the time, many unknown now, the planned lease was never executed
between the parties;
The Tenant, therefore, remained in holdover status from the Previous Lease up to this day.
Now both the Landlord and Tenant wish to execute a new lease of the Premises which will update the
lease provisions between the parties and formalize the longstanding relationship between the parties
for years to come.
In consideration of the covenants and agreements contained in the Agreement, Landlord and Tenant
hereby agree as follows:
Unless terminated earlier pursuant to the terms herein, the initial term of this Agreement shall be
effective beginning on October 1, 2022 and end on September 30, 2027 ("Primary Term").
Tenant shall pay as consideration one dollar($1.00) annually to Landlord at the beginning of each
term.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30468&councildate=ll/8/2022 11/9/2022
M&C Review Page 2 of 2
Providing Tenant is not in default under this Agreement, upon expiration of the primary term, the lease
provides for two (2) automatic one (1) year renewals unless either party provides thirty (30) days prior
written notice to the other party.. The first renewal expires on September 30, 2028. The second
renewal expires on September 30, 2029.
Center for Transforming Lives is responsible for the maintenance and utility expenses for the facility.
Center for Transforming Lives is also responsible for insuring the property.
This property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease agreement, funds will be deposited into the General Fund. The Property Management
Department (and Financial Management Services) is responsible for the collection and deposit of
funds due to the City.
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 ID Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Lisa Alexander (8367)
Mark Brown (5197)
ATTACHMENTS
CFTL M and C map.pdf (Public)
Forml295 3401 Avenue I.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30468&councildate=ll/8/2022 11/9/2022