HomeMy WebLinkAboutContract 21879 THE STATE OF TEXAS
§ KNOW ALL PERSONS BY THE 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, Libby Watson, hereinafter called
"Lessor," and Senior Citizen Services of Greater Tarrant County, Inc., acting bj and
through Carlton Lanster, its duly authorized Executive Director, hereinafter called
"Lessee".
W I T N E S S E T Fi :
id in consideration of the payment of the rentals hereinafter set forth and
the performance of the agreements herein, Lessor has contracted with and does hereby
lease unto Lessee for part-time use- 8:00 a.m. to 3:00 p.m. on weekdays, such portions,
of Como, Diamond Hill, Northside, North Tri-Ethnic, Riverside (can Sylvania Avenue) and
Worth Heights Community Center- id the exclusive use: 3:00 a.m. to 4:00 p.m. of
Fellowship Corner Ps are described and shown on the copies of the floor plans of such
builld�Mgs marked Exhibit "A", consisting of approximately 20,201 square feet and
herein a-Oer referred to as the ''demised premises", attached hereto and incorporated
I-,erein. Les.=_*, has use of said areas after 3-0.0 p.m. weekdays and all day on weekends
and holidays anal has the right to rent tho multi-purpose rooms and kitchen to outside
parties. Lessee shall use the derni5edl premises for t�,e purposes set forth in this
agreement and no other uses of the Center by Lessee shall be permitted unless the prior
written approval of Lessor is obtained
2.
Lessor does hereby lease to Lessee the demised premises for a primary period of
three (3' years, beginning effective October 1, 1995 and ending Geptember 30, 1998.
There shall be two consecutive one (1) year fenewai options after the primary term,
which may b,--- exercised only by mutual agreement of Lessor and Lessee.
Lessee covenantis and agrees to pqy to Lessor as rental for the demised premises
the surn of One Dolier($1.00) per year, commencing on or before the first day of October,
1995, and on or before the first d,.ay of October each succeedin4' year thereafter.
Lessee further covenants and agrees to accept the aernised premises in their
present condition, finds them suitable, free from defects and in good condition ,or the
purposes intended; and furthec agrees that it is thoroughly familiar with v-tch condition by
reason of personal inspections and does not rely on any representations by Lessor as to
the condition of the premises or their suitability for the purposes intended.
4.
Lessee covenants and agrees to use the hereinabove described premises solely
for the operation of its social service programs and recreational activities for senior
c;;tizens.
2
Lessee agrees that it will not make or suffer any waste of the demised premises, nor
snail Lessee make any alteratiors to Faid premises, exoopt such alterations as may 'Oe first
approved inwrriting by the Parks and Community Services Department Director or
duly authorized representative. Lessee futriher agrees 1.0 maintain and police the area,
performing minor housekeeping as necessary, ir order te, keep the premises in a clean,
orde,ny and sanitary condition at all tires and shall comply with all ordinances of the City
of Foil "Forth. Lessor shall agree to perform any majcr cleaning, e.g. mop, dust micap,
stripping, buffing and waxing of flocrs at standards and frequencies which may be
established by Lessor. Lessee will remove garbage and deposit in dumpster in
accordance with established procedures.
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6.
Lessee agrees that neither it, nor its officers, agents, employees, licensees, invitees
or patrons shall make or suffer any unlawful, improper or offpnsive use of the demised
premises or any part thereLf. The City's agents, servants or employees shall be permitted
by Lessee to make inspection of the premises at any reasonable time to ascertain
cA)mpliance with the terms and provisions of this agreement. J
7.
Lessee shall exercise its rights and privileges hereunder as an independent
contractor, and riot as an officer, agent, sea.rant or employe,D of the City of Fort Worth.
Lessee Ehall have exclusive control of and the exclusive right to control the details of its
operations on the dernised premises and all per'sons penforming same, and shall be solely
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responsible for the acts and omissions of its officers, agents, servants, employep-S,
contractors, subcontractors and patrons. Lessee agrees to abide by Floilcies and
Procedures set forth by the Parks and Community Services Direc,, and/or histher
designee. The doctrine of �espondeat superior shall not apply as between Lessor and
Lessee, its officers, agents, servants, employees, contractors, subconVactors or patrons.
In no event shall any person participating in the Lessee's operations on 'the demised
premises be considered an officer, agent, servant or employev. of tl ie nCe fty of Fort'Warth.
8.
Lessee 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 brea-,h of this lease agreement.
9.
itl
Lessee agrees to indemnify, hold harmless and defend Lessor, its Officers, agents,
se} giants and �-nployees, from and against any and ali claims or suits for property damage
or loss and/or personal injury, including death, to any and all persons, of whatsoever kind
of character, whether real or asserted, arising o�ut of or in scrtnection with, directly or
indirectly, the ieasing, maintenance, use, occupancy, existence or location of said
premises during the term of this Agreement, unless such claims or suits are caused in
whole or in pay', by alleged negligence of officers, agents, serrants, employees,
contactors, subcontractors, licensees or invitees of Lessor.
Lessee agrees that, in the event Lessee shall fail or refuse to fully perform &Id
satisfy all of its covenants and obligations hereunder, �vhstner expressed or irnp',ied, then
the Lessor may, without notice and with-3ut being dciemed g'.,".11ty of trespass and without
any liability wha'Lsioeve., cn 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
termination shall not Ve construed to relievim or release Lessee from any liability or
obligation unto the Lessor previously incurred under this ieasp, agr ament. Les-see hereby
grants a lien to the Lessor upon all personal property be!-.aging to the Lessee in or on the
demised prerriseses a possessory pledge to secure the timely performance by Lessee
of all of its obligations hereunder, and in the event of default by Lessee, the Lessor is and
c!;all be empowered an of 4 d authorized to seize and hold all he, personal property
belonging to Lessee in the at-ove-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 safe and to pay all amounts due the Lessor hereunder, hoMing the balance remaining,
if any, subject to Les-see's order. A copy of this Agreement shall be the only warrant
required.
Les; ee further agrees that it will, at the and of the term of this lease, peaceably
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de,'iver up unto Lessor the demised premises and ail appurtenances or improvements
(hereon in a good state of re-pair, as aforesaid, and vacaot unencumbered and in good
and tenantable condition.
A
k 2.
Lessee agrees to comply with all 'fav/s, fe-doral, - tato and local, inclurling ail
ordinances of iiia City of Fort Worth, ell rules, regulations and reQUiMments of the Police,
Fire and Parks and Community Services Departmepts, and shall all other regulations
of the City of Fort Worth. Lessee will obtain and pay for - I necessary permits, licenses
and y es used in conree%lon with the use of'.he -ernises.
13.
Lelssor shall be liable during such times as Lessor is leasing the demised premises
to third parties as permitted in paragraph 1 of this agreement, for any loss, injury or
damage to Lessees personal property that is properly secured and place: in the demised
premi3es that rr-gy be SUStSined during such use and occupancy of the demised prernises
by third parties,
14.
It is further agreed that Lessee shall not do or permit to h--done anything in or upon
any portion of said buildings or bring or keep anything therein or thereon Which will in any
way i'xnflict with the conditions of any insurance policy upon the building or any part
thereof, or in any way increase the mite of fire insurance upon the buildings or property
thereof,
kept therrain, or ire any way obstruct or interfere with the rights of the Lessor, other tenants
or usem of said burildlings, or injure or anno).,, them.
15.
It is further agreed that no decorative or other materials shall be i 3 fle-d, tacked,
screwed or otherwiz-e p.hysicaiiy attached to zrry part of the property of th(- Lessor without
the written approval from the Pairks and Community Services Director or his/her designee.
16.
It is further agreed that Lessor will be responsible for all water, sewer, electricity,
gas and -waste disposal utility expenses. Lessee will be responsible for all communira-
"9
tions utility expenses, including local and long distance telephone cha7ge.-., rorriputer
charges and cable television charge, . Any addi"tonal electrical or utility service- required
by Lessee will be furnished at its sole expense.
17. ti
"R
It is furtharagrsad that any expenses relatod to Une repair and maintenance endior
replacement of commercial equipment inclu%-A';,ig refrigerator, freezer. dishwasher, Oven,
steam table or other appliances and maior aquipment which may be provided and is
mutuaUy agreed to be maintained by the parties hereto shall be shared on a "50-50" basis
by the Lessor and Lessee, subject to availability of funding. In the event of negligamce of
'-.'iher party, said party shall assume total responsibility for expenses. An inventory of
'-0 lament by sees is described in Exhibit "B",
lessor j,-eserves all concess,on rights, and any matters not hereir, expressly
provided for shall be left to the discretion of the Parks and Community Services Director
and/or his/her designee.
7
Lessee agrees to cmpp!y to ha Lausor a cartifi.ate of public liability 41surance; such
insurance shall be in effect for the perioo of this agreeniert, for face artiounts as follows:
Property darriege W,'.x,000
Bodily injury, including death,, aach, person $500.000
Olodily injury, includirg death, asich accident 6500,000
with the ur!derstanding and agreement by Lessee that such insurance amounts shall he
revised upward at Lessor`s option and that Lessee shall rtwise such amounts within thirty
(30)days following notice to Lessee of surh requiraments.
20.
L,-ssee covanants and agrees to post, in a conspicuous place on the premises, a
list of all p:-ices authorized to be charged for any items of goods or services sold
hereundbr, Such price list shall be submitted to the office of the Parks and Community
Services Department Director for prior approval, and no goods or service; sh.91i ba sold
hereunder without the prior approval of the Parks and- Community Services Departmen!
Director or his/her duly authorized representative.
21.
Lessor may terminate this lease at any time for any reason upon thirty (30) days'
written notice delivered to Lessee; however, in the event that Lessee foils to comply with
or breaches any of the terms and provisions of this lease, Lessor shall have the right to
declare this lease terminated without notice to Lessee.
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Any 'allure by Lessor to so terminate this lease, or the acceptance *y Lessor of
rentals for any period of time after any breach, default or failure by Lessee shelf not be
determined to be a a
.iver by Lessor of a;iy rights to terminate this leas, or any
ibsequent breLch, defaw"', or,failure.
22.
Should any action, whather real or asserted, at law or in equity, arise out of Ine
e)-,ecution, performance, attempted performance or non-performance of this rontract and
agreement, venue for said aCiion shail lie in Tarrant County. Texas.
23.
As to the Lessor's performarE,;e of the obligations in this Agreemeni, th-3 Senior
Cit!zens Services of Greater Tarrant County, 'nc. acknowledpes and agrees t,",It the
Lessor is a governmental entity, and because of statulorl, constitutional and City Charter
-')rovisions it cannot commit to the funding of the Lessor's obligations describer- herein
beyond each fiscal year. Therefore, the funding obligations of the Lessor described herein
are subject to and conditioned upon the City ;ouncil of the City appropriating for each
fiscal year sufficient funds to satisfy such obligations.
24.
The option for the addition of new facilities and the elimination of existing facilities
will be included in this anreement under the above tern's as mutually agreed upon in
writing by the Lessor and the Lessee.
25.
This written instrument constitutes the entire agreerrx-r-'?'. t,�y the parfiez hereto
concerning the demised premises, and any prior or conteMmporaneous, oral or 'written
agreement which purports to vary from one terms hereof sha;1 be void.
IN WITNESS WHEREOF, the parties her9to have qxecutad this Agreement on this
Jay of 194
ATTEST: CITY OF FORT WORTH
BY: L,
City Secretary Libby Wal er,- I
Assistant City Manager
APPROVED AS TO FORM SENIOR CITIZEN SERVICES OF
AND LEGALITY: GREATER TARRANT COUNTY, J1 1C.
Assistant City Aft y Carlton Lar,caster
ot
Executive Director
Date:— 41
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City qfF t Worth, Tevas
Mayo-_)r and Council Communic"ahon
-FA-T!; -- REFFRENCE NUMBER OC. NAME__ T—) 8
- - 03/114/96 1 C-15331 80SENAIORI 1 of 2
STUMB CT I LEASE AGREEMENT WITH SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager -to:
1 Execute a lease agreement permitting the use of six (6) Community Centers and Fellowship
Corner by Senior Citizens of Greater Tarrant County, Inc., for a period of three (3) years,
beginning on Oc:'ober 1, 1995 and ending on September 30, 1998 with an option to renew
for two (2) subsequent one (1) year periods as mutually agreed upon by both parties, and
2. Set payment terms for this agreement in the amount of $1.00 per year.
DISCUSSION:
Senior Citizen Services of Greater Tarrant County, Inc. (SCS) is a Texas 501 (C)(3) not-for-profit,
tax exempt organization established to provide various services for senior citizens throughout
Tarrant County. Decentralized senior services that are provided include health screenings,
nutrition education, physical fitness, legal clinics, Medicare/supplemental insurance, peer
counseling, confidential information and referral, volunteer opportunities, and recreation and
creative arts. One of the primary services offered in Senior centers is the meal program, which
has a goal of serving meals that meet one•-third of the recommended daily nutritional needs of
a senior adult.
SCS currently offers senior programs on a part-time basis 8:00 a.m. to 3:00 p.m. on
weekdays at Como, Diamond Hill, Notthside, North Tri-Ethnic, Riverside (on Sylvania Avenue)
and Worth Heights community centers and on an exclusive use basis on weekdays from 8:00
a.m. to 4:00 p.m. at Fellowship Corner.
The option for the addition of new facilities or the elimination of existinq facilities will be included
in this agreement unde- the above terms as mutually agreed upon by SCS and the City.
Under the previous agreement, rental rates were assessed and subsequently suspended by the
City Council (C.P.1 61) on 4/30/91 . in negotiating the proposed agreement, SC", has requested
that the rental fee be waived. Given the level of services provided to senior citizens, staff
fecornmends that the rental fee be weived and only direct costs be billed to SCS when expenses
are incurred (i.e. overtime/.
SCS indemnify the Cfty for liability caused by SCS and will provide the required amounts of
public !iability insurance,
City of Fort 0S
Mayor and Council Communication
} DATE � REFERENCE Nt*MRR– �-4a-- i LAG AY��Af33 —.�� ._�. PAGE .�
03/14196 C-1533.1 -f 80SENIOR _ 2 of 2
tmr� LEASE AGREEMENT WITH SENIOR CITIZENS OF GREATER TARRANT COUNTY, INC.
L
FISCAL INFORMATj ONICERTiFICAT ION
:
The Fiscal Services Department will be responsible for collecting and depositing the funds due
to the City under this agreement.
L Vhf:a
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.°ubnti€led for City Manager's —FUND ACCOUNIT _ CENUER A!#t3LTad; CITY SECRETARY
Office by: (ea?
Libby Watson 66E33 PAPPROVED
f iigiaatiaag Deprarknaerct Head: CI ! Y COS.ti'iCIL
Richrsrd Zavala 5-100 c
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(fran i' ai (
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rer Additional lnfonmat on�
^rw7a�v of fhN
i-,sed an 4awded paw