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HomeMy WebLinkAboutContract 16013 CIT _Y (37ECRETARY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § This agreement is entered into by and between the City of Fort Worth, acting by and through its duly authorized Assistant City Manager, Ramon Guajardo, hereinafter called "Lessor, " and Senior Citizens Services of Greater Tarrant County, Inc. , acting by and through Carlton Lancaster, its duly authorized Executive Director, hereinafter called "Lessee" ; W I T N E S S E T H That for and in consideration of the payment of the rentals hereinafter set out and the performance of the covenants and agreements herein set forth, Lessor has contracted with and does hereby lease unto Lessee an area measuring approximately Three Thousand, One Hundred (3 , 100 ) square feet in the Como Multi- Purpose Center, said area being described and delineated by colored outline on a copy of the floor plan of said building, said copy being attached hereto and specifically incorporated herein as Exhibit "A" . This agreement shall be further subject to the following terms, promises, agreements, conditions and covenants: 1 . Lessor does hereby lease to Lessee the above-described premises for a period beginning October 1 , 1987, and ending September 30 , 1988. 2. Lessee covenants and agrees to pay to Lessor as rental for said premises the sum of Two Hundred Ninety-eight Dollars ( $298 ) per month, commencing on or before the first day of October , 1987 , and on or before the first day of each succeeding month thereafter, for a total rental of Three Thousand Five Hundred Seventy-Eight Dollars ( $3 , 578. 00) . Lessee further covenants and agrees to accept the demised premises in their present condition, finds them suitable, free from defects and in good condition for the purposes intended; and further agrees that it is thoroughly familiar with such con- dition by reason of a personal inspection and does not rely on any representations by Lessor as to the condition of the prem- ises or their suitability for the purposes intended. 3. Lessee covenants and agrees to use the hereinabove de- scribed premises solely for the operation of its social service programs and recreational activities for senior citizens. 4 . Lessee covenants and agrees that it will, at its expense, keep and maintain the demised premises in good condition ; that Lessee will do all work and make all repairs necessary or advis- able to keep the demised premises from deteriorating in value or condition and to restore and maintain the demised premises in as good condition as Lessee found them at the time it took posses- sion under this lease. Lessor shall have the right and priv- ilege, through its agents and officials , to make inspections of the demised premises and thereafter to make recommendations to Lessee of any repairs that, in Lessor' s opinion, are necessary to be performed by Lessee upon the demised premises in accord- ance with the foregoing. In this connection, Lessee agrees and covenants that it shall, within thirty ( 30) days from the date that such recommendations are made, make complete arrangements for the making of such repairs. In the event that Lessee shall fail to undertake such recommended repairs within the time pro- vided, it is understood and agreed that Lessor may, within its discretion, undertake to make such repairs as it may deem necessary for and on behalf of Lessee, and, in such event, the cost of such repairs shall be an obligation on Lessee to pay same within thirty ( 30) days following the completion of such repairs . 5. Lessee covenants and agrees that it will not make or suffer any waste of the demised premises, nor shall Lessee make any alterations to said premises, except such alterations as may be first approved in writing by the City Manager or his duly autho- rized representative. Any such alterations , if permitted by Lessor, shall be made at Lessee' s sole expense and shall be done in a good and workmanlike fashion approved by and acceptable to the Director of Public Works of the City of Fort Worth. In no event shall any person participating in any such alterations on the demised premises be considered an officer , agent, servant, employee, contractor or subcontractor of the City of Fort Worth. Any such alteration which is of a permanent nature and which cannot be removed without structural damage shall become and be the property of the City of Fort Worth and shall be sur- rendered as a part of the demised premises upon the expiration or termination of this agreement. -2- 6 . Lessee covenants and agrees that neither it, nor its offi- cers, agents , employees, licensees, invitees or patrons shall make or suffer any unlawful , improper or offensive use of the demised premises or any part thereof. Lessee further agrees to maintain and police the area in order to keep the premises in a clean and sanitary condition at all times and shall comply with all ordinances of the City of Fort Worth. The City' s agents, servants or employees shall be permitted by Lessee to make in- spection of the premises at any time to ascertain compliance with the terms and provisions of this lease agreement. Lessor shall provide routine and customary cleaning of the premises . 7 . Lessee shall exercise its rights and privileges hereunder as an independent contractor, and not as an officer, agent, ser- vant or employee of the City of Fort Worth. Lessee shall have exclusive control of and the exclusive right to control the de- tails of its operations on the demised premises, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, con- tractors, subcontractors and patrons. The doctrine of respondeat superior shall not apply as between Lessor and Lessee, its offi- cers, agents, servants, employees, contractors , subcontractors or patrons and nothing herein shall be construed as creating a partnership or joint enterprise between Lessee and the City of Fort Worth. In no event shall any person participating in the Lessee' s operations on the demised premises be considered an officer, agent, servant or employee of the City of Fort Worth. 8 . Lessee covenants and agrees that it shall not sublet or assign all or any part of its rights, privileges or duties under this lease agreement, and any attempted sublease or assignment of same shall be void and constitute a breach of this lease con- tract. 9. Lessee covenants and agrees to indemnify, hold harmless and defend, Lessor, its officers, agents , servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character , whether real or asserted, arising out of or in connection with, directly or indirectly, the leasing, maintenance, use, occupancy, existence or location of said premises during the term of this agreement, whether or not caused, in whole or in part, by alleged negli- -3- gence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Lessor; and Lessee hereby assumes all liability and responsibility of Lessor, its officers, agents, servants and employees for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character whether real or asserted, arising out of or in connection with, direcly or indi- rectly, the leasing , maintenance, use, occupancy, existence or location of said premises during the term of this agreement, whether or not caused, in whole or in part, by alleged negli- gence of officers, agents, servants , employees, contractors, subcontractors , licensees, or invitees of Lessor. Lessee shall likewise indemnify and hold harmless Lessor for any and all injury or damage to said premises during the term of this agree- ment, whether arising out of or in connection with any and all acts or omissions of Lessee, its officers, agents, servants , employees, contractors, subcontractors, licensees, invitees, patrons, whether or not caused, in whole or in part by alleged negligence of officers, agents , servants, employees, contrac- tors , subcontractors, licensees or invitees of Lessor. 10. Lessee agrees that, in the event Lessee shall fail or re- fuse to fully perform and satisfy all of its covenants and obli- gations hereunder, whether expressed or implied, then the Lessor may, without notice and without being deemed guilty of trespass and without any liability whatsoever on the part of the Lessor, terminate this agreement and enter and obtain possession of the premises and remove Lessee from same, and such removal and term- ination shall not be construed to relieve or release Lessee from any liability or obligation unto the Lessor previously incurred under this lease agreement. Lessee hereby grants a lien to the Lessor upon all personal property belonging to the Lessee in or on the above-described premises as a possessory pledge to secure the timely performance by Lessee of all of its obligations here- under, and in the event of default by Lessee, the Lessor is and shall be empowered and authorized to seize and hold all of the personal property belonging to Lessee on the above-described premises to secure such performance, to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale and to pay all amounts due the Lessor here- under, holding the balance remaining , if any, subject to Lessee' s order. A copy of this agreement shall be the only war- rant required. 11 . Lessee further agrees and covenants that it will, at the end of the term of this lease, peaceably deliver up unto Lessor the demised premises and all appurtenances or improvements -4- thereon in a good state of repair, as aforesaid, and vacant, un- encumbered and in good and tenantable condition. 12. Lessee covenants and agrees to comply with all laws, feder- al, state and local, including all ordinances of the City of Fort Worth, all rules, regulations and requirements of the Police and Fire Departments and those of the Como multi-Purpose Center and shall obey all other regulations of the City of Fort Worth, and Lessee will obtain and pay for all necessary permits, licenses and fees used in connection with the use of the premises. 13. Lessor assumes no responsibility for any property placed on the premises , and Lessor is expressly released and discharged from any and all liability for any loss, injury or damage to persons or property that may be sustained during the use and occupancy of the demised premises. 14. Lessee agrees that it shall not do or permit to be done anything in or upon any portion of said building or bring or keep anything therein or thereon which will in any way conflict with the conditions of any insurance policy upon the building or any part thereof, or in any way increase the rate of fire insur- ance upon the building or property kept therein, or in any way obstruct or interfere with the right of the other tenants of said building , or injure or annoy them. 15 . Lessee agrees that no decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the property of the Lessor without the consent of the Lessor. 16. Lessee agrees that any additional electrical or utility service required by Lessee will be furnished at its sole ex- pense. 17 . If Lessee, as a charitable association, corporation, entity or individual enterprise, has or claims an immunity or exemption -5- ( statutory or otherwise) from and against liability for damage or injury to property or persons, Lessee hereby expressly waives its rights to plead defensively such immunity or exemption as against Lessor. The Lessor reserves all concession rights, and any matters not herein expressly provided for shall be left to the discre- tion of the City Manager. 18. Lessee covenants and agrees to supply a certificate of pub- lic liability insurance; such insurance shall be in effect for the period of this agreement, for face amounts as follows: Property damage $100,000 Bodily injury including death, each person $250, 000 Bodily injury including death, each accident $500,000 with the understanding and agreement by Lessee that such insur- ance amounts shall be revised upward at City ' s option and that Lessee shall revise such amounts within thirty (30) days follow- ing notice to Lessee of such requirements . ' Lessee agrees that, in the event of loss due to any of the perils for which he has agreed to provide insurance, he shall look solely to his insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing insurance to him with respect to the demised premises, a waiver of any right of subrogation which any insurer of Lessee may acquire against Lessor by virtue of payment of any loss under such insurance. 19. Lessee covenants and agrees to post, in a conspicuous place on the premises, a list of all prices authorized to be charged for any items of goods or services sold hereunder. Such price list shall be submitted to the office of the City Manager for prior approval, and no goods or services shall be sold hereunder without the prior approval of the City Manager or his duly authorized representative. 20 . Lessor may terminate this lease at any time for any reason upon thirty (30) days ' written notice delivered to Lessees ; how- ever, in the event that Lessee fails to comply with or breaches any of the terms and provisions of this lease, Lessor shall have -6- the right to declare this lease terminated without notice to Lessee. Any failure by Lessor to so terminate this lease or the acceptance by Lessor of rentals for any period of time after any breach, default or failure by Lessee shall not be determined to be a waiver by Lessor of any rights to terminate this lease or any subsequent breach, default or failure. 21 . Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted per- formance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 22. This written instrument constitutes the entire agreement by the parties hereto concerning the demised premises and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEVOOF the partie reto have executed. this agreement on this �� - day of , A.D. 1 ATTEST: CITY OF FORT WORTH City Secretary Ramon Guajard Assistant City Manager AP 7yA VED AS TO FORM AND LEGALITY:e XZ YJ Citto ney Date: SENIOR CITIZENS SERVICES OF GREATER TARRANT COUNTY, INC. Contra t Authorization L By: _ �bl� Date Carlton La caster Executive Director spst -7- r ' �, .. L. yr !it f • � has � � «. � ,. ..__ jw • _ , i 1 i ... yf t � rt �� I _ � ••.•. ter.. CCW A LTI-PIPME CWM (SENIOR SEVI CE C aTI'ER) •........,.�K y C1cz r 9 �a City of Fort Worth, Texas TRANSPORTATION/Pu11C ayor and Council Communication %•TER AOMINISFRArioN , HOUSING 6 14OMWN SERVICA9 REFERENCE SUBJECT: RENTAL OF SPACE IN MULTI- .4 PAGE NUMBER PURPOSE CENTERS **C-10523 1 of 2 Recommendation It is recommended that the City Manager be authorized to execute the below described leases with each of the agencies indicated for a one-year period Y--- beginning on October 1, 1987 and ending on September 30, 1988. Discussion The Como, Martin Luther King, Northside, North Tri-Ethnic, Southside and Riverside Multi-Purpose Centers were constructed to provide decentralized locations for the delivery of various services to Fort Worth citizens in different sections of the City. Fellowship Corner, located at 1609 New York Avenue, provides services exclusively for the elderly. To use these multi-purpose centers effectively, various social service agencies lease space in the facilities. Proposed Leases Agencies located at the centers listed below have requested renewal of their annual leases which will expire September 30, 1987. The agencies have all agreed to the proposed user fee rates. The proposed annual rental fees, negotiated according to the guidelines provided by the City Council , to be effective October 1, 1987 through September 30, 1988, are as follows: Center Square Feet Monthly Annually Index Code Como Multi-Purpose Day Care Association of Fort 2,400 $231 $2,772 Worth and Tarrant County Senior Citizen Services 3,100 298 3,578 065003 Martin Luther Kink Multi-Purpose Day Care Association of Fort 3,255 313 3, 755 Worth and Tarrant County Texas Electric Service Company 250 133 1 ,600 065037 Northside Multi-Pur ose Day are, Association of Fort 3,300 318 3,818 Worth and Tarrant County Senior Citizen Services 3,400 327 3,919 065060 9.31 VII (1! DATE NUMBER REFERENCE suAJrcT: RENTAL OF SPACE IN THE PAGE MULTI-PURPOSE CENTERS 9-10-87 **C-10523 2 °' 2 Worth Heights Multi-Purpose Day Care Association of Fort 2,650 255 3,062 Worth and Tarrant County Senior Citizen Services 1,750 169 2,029 065078 Riverside Multi-Pur ose Senior Citizen Services 982 95 1,134 065011 North Tri-Ethnic Multi-Purpose Day Care Association of ort 2,800 269 3,226 and Tarrant County Senior Citizen Services 2,700 260 3,125 065086 Southside Multi-Purpose Day Care Association of Fort 3,606 347 4 L158 and Tarrant County Mental Health and Mental 1,180 113 1,361 065102 Retardation Services Followship Corner Senior Citizen Services 4,700 138 1,651 065094 The leases are for a one-year period beginning October 1, 1987, and ending September 30, 1988. The lease agreements will include the other terms and provisions with respect to maintenance, operations, insurance and indemnification, on order to meet City requirements. Financing Lease payments will be deposited to the General Fund 01, Account 05-05-02, Housing and Human Services, Multi-purpose Centers in the Index Codes noted above. RG:wc APPROVED BY CITY COUNCIL SQP 15 *87 city S,=Gtozy of the city of Fort Worth.TOM= SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: _ Ramon Guajardo I APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Sandra Gonzales CITY SECRETARY FOR ADDITIONAL INFORMATIONI U CONTACT: J. Perez 7 536 DATE