HomeMy WebLinkAboutContract 23892 LEASE AGREEMENT
SECCRETARY
NO
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT ("Lease") is made and entered into this the 1-�!�dayof
1997, the date hereof, at Fort Worth, Texas, by and between Parking Company of
America - Fort Worth Inc. (Lessor), and the City of Fort Worth, a municipal corporation,
acting by and through its duly authorized representative (Lessee). The term "Lessor
shall include the agents, representatives, employees, and contractors of Lessor. The
term "Lessor" shall include the agents, representatives, employees, and contractors of
Lessor. The term "Lessee" shall include the agents, representatives, employees, and
contractors of Lessor. The term "Lessee" shall include the agents, representatives, and
employees of Lessee.
SECTION 1. Leased Premises. For and in consideration of the rental payments to be
paid under this Lease, Lessor leases to Lessee and Lessee leases from Lessor:
A parking lot, containing 24 parking spaces, located at 1100 Taylor Street, Fort
Worth, Texas 76102
The parking lot, together with any and all structures, improvements, fixtures and
appurtenances thereon, thereunder or over, shall be referred to as the Leased
Premises. The boundaries and location of the Leased Premises are described on the
attached Exhibit and made a part hereof.
SECTION 2. Use of the Leased Premises The Leased Premises shall be used as a
parking lot.
SECTION 3. Term and Rent This Lease shall be for a period of three years
commencing on December 1, 1997, and terminating on November 30, 2000, unless a
prior termination is effected by either Lessor or Lessee under the termination provisions
of this Lease.
Lessee shall pay Lessor a monthly rental according to the following schedule:
'Fl
12 Month Period Monthly Rental
r,,-,,"Oe mber 1, 1997-November 30, 1998 $720
ie mber 1, 1998-November 30, 1999 $750
mberl, 1999-November3O, 2000 $800
The monthly rental payment shall be due and payable on the first day of the month
during the term of the lease and any extension thereof.
SECTION 4. IAA!2s, Jl]g_qMge, =W22, gars Qf Ita L29124 P-rgffLijSj- Lessee
agrees to be responsible for the payment of all electricity, natural gas, water, local
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telephone, or other utility charges that come due and payable during the term Lessee
occupies the Leased Premises. Lessor agrees to pay all taxes and insurance as they
come due. Lessor shall keep the Leased Premises in good, clean and habitable
condition, normal wear and tear excepted.
SECTION 6. Insurance, Lessor agrees to insure the structure and premises of 1100
Taylor Street, Fort Worth, Tarrant County, Texas 76102. Such insurance shall provide
protection for liability, fire and casualty, and property damage for both the property
owned by the Lessor and that provided or owned by Lessee, situated at and including,
the Leased Premises. Verification of this coverage shall be provided to Lessee prior to
the execution of this contract. Lessee assumes no liability or financial obligation for this
acquisition or maintenance of such insurance, all costs incurred during the course of
insuring the premises shall be borne solely by the Lessor. Lessee to provide Lessor
with proof of self insurance.
SECTION 6. 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 damages, personal
injury, or any other type of loss or adverse consequence related in any way to the
existence of this lease or the use or occupancy of the Leased Premises, regardless of
whether the act of omission complained of results from alleged negligence or any other
act or omission of Lessor, Lessee, or any third party. Lessor shall likewise release,
indemnify, hold harmless and defend Lessee from and against any and all claims or
suits related in any way to any damage to, or defects in, the Leased Premises or any
other adverse consequences related to the Leased Premises, regardless of whether
the act of omission complained of results from the alleged negligence or any other act
of omission complained of results from the alleged negligence or any other act or
omission of Lessor, Lessee, or any third party.
SECTION 7. Fixtures. 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 lease, or subsequent to its
termination by either party.,Lessor further agrees that she/he will, at no time, hold or
retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 8. Termination and Right of Inspection. Lessor shall have the right to
terminate this Lease at any time for any reason unrelated to Lessee's default or breach
of any of the terms expressed herein by giving Lessee thirty (30) days written notice
prior to the intended termination date. The notice shall be deemed effective when
deposited by Lessor in United States mail, postage prepaid, certified mail, return
receipt requested, addressed to Lessor.
Lessee shall have the right to terminate this Lease at any time for any reason
unrelated to Lessor's default or breach of any of the to expressed herein by giving
Lessor thirty (30) days written notice prior to the intended termination date. The notice
shall be deemed effective when deposited by Lessee in the United States mail, postage
prepaid, certified mail, return receipt requested addressed to Lessor.
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If Lessee elects to terminate the Lease because of any alleged default or breach
by Lessor of any Lease provisions, Lessee shall be required to give Lessor immediate
notice in writing of that intention stating specifically the reasons therefor and allowing
the Lessor seven calendar days after the date of Lessor's receipt of the notice to cure
any or all default(s) or breach(es) specified in the notice. If the specified default(s) or
breach(es) of Lessor are not cured to the satisfaction of Lessee's Administrator of Real
Property Management, the Lease will be terminated.
If the Lease is terminated under this section or as a result of the expiration of the
Lease term or any renewal period, neither party shall have any further obligation or
liability to the other under this Lease, except that Lessor and Lessee shall be liable for
the breach of term covenant or condition contained in this Lease occurring prior to the
date of the surrender of the Leased Premises by Lessee pursuant to the termination.
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 Lease.
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.
SECTION 9. Funding. Non Appropriation and Termination. This Lease 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 10. Surrender of Leased Premises. Upon the termination of this
Lease 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 Lease, reasonable wear and tear expected. 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 Lease; and Lessee shall be responsible
for repairing any damage to the Leased Premises used by removal of furniture and
equipment,
SECTION 11. Governmental Regg ulajjgng. Lessee agrees to comply fully with all
applicable Federal, state and municipal laws, statues, ordinances, codes, or
regulations in connection with use of the Leased Premises. Provided, however, Lessor
(i) shall make all improvements necessary to make the Leased Premises comply with
the American With Disabilities Act of 1990 "A A*), 42 U,S.C. 12101 et se ., shall fully
indemnify and hold harmless Lessee from and against any and all claims, losses,
damages, suits and liability of every kind, including all expenses of litigation, arising
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out of or in connection with Leased Premises' compliance, or lack of compliance, with
the ADA, and (ii) shall make all improvements necessary to correct and/or abate all
environmental hazards of the Leased Premises.
SECTION 12. Aggeptance of Leased Premises, Lessee represents that it takes the
Leased Premises in good condition and that the Leased Premises are suitable for the
purposes for which they are being leased.
SECTION 13. Assignment. Lessee shall not assign or sublet this Lease without the
prior written approval of Lessor. Upon issuance of such approval, this Lease 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. 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 the provisions regarding termination and eviction.
SECTION 14. Police Protection. Lessor agrees and understand that Lessee in no
way promises to provide increased police protection or more rapid emergency
response time because of this Lease. No special relationship shall exist between
Lessor or Lessee other than that of landlord and tenant. Lessee shall provide no
greater police protection to Lessor than is provided to all other residents and
businesses of the City of Fort Worth.
SECTION 16. Notices.
All notices to Lessor shall be sent to:
Parking Company of America - Fort Worth, Inc.
2017 Young Street
Dallas, Texas 75201
All notices to Lessor shall be sent to:
Parking Manager/Transportation and Public Works Dept.
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, 'Texas 76102
Mailing of all notices under the Lease shall be deemed sufficient if mailed
postage prepaid and addressed as specified change in the other party's address. All
time periods related to any notice requirements specified in the Lease shall commence
upon the terms specified in the section requiring the notice.
SECTION 16. Entim Asirs1=13t, This Lease shall constitute the entire agreement of
the Lessor and Lessee, and shall supersede any prior agreements, either oral or
wriften, pertaining to the Leased Premises,
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SECTION 17, Walv!jrs, One or more waivers of any covenant, term or condition of
the Lease by either Lessor or Lessee shall not be constructed as a waiver or
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 party requiring such consent or
approval shall not be deemed a waiver or render unnecessary consent to or approval of
any subsequent similar act.
SECTION 18, Venue. This Lease 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 Lease or for any breach shall be in Tarrant County, Texas.
This Lease shall be binding on the successors and lawful assigns of Lessor
and the successors of Lessee as permitted by the terms of this agreement and by the
laws of the State of Texas. 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.
Signed this day of 199
LESSOR: Parking Company of America -
Fort Wo h Inc.
By:
Name:-
Title:
ATTE4T LESSEE: CITY OF RT WORTH
City Secretary
Name:
Title:
APPROVED AS TO FORM AND LEGALITY-
city Attor-n4, or Designee
SO
MC Number- Contract Number-
EXHIBIT A
Legal Description:
Lot: 6
Block: 2
Addition: Saunders Addition aka Sanders Addition
As recorded in Volume 4039, 4040, 4221 Page 406,296,223 Deed
Records, Tarrant County, Texas.
City of Fort Worth, Texas
"Agor and c�ou"Cit coms"U"ica tio"
DATE 3/24/98 REFERENCE NUMBER L-12218 I L11 NAME 20PARK I PAGE I of 2
SUBJECT LEASE AGREEMENT WITH PARKING COMPANY OF AMERICA AND INCREASE OF
MONTHLY RATES THE CITY CHARGES AT TWO PARKING LOTS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Parking Company of America for a
City employee parking lot located at 1100 Taylor Street, and
2. Authorize an increase of the City's rental rate for parking at this lot and the lot located at the
intersection of West Lancaster and Taylor Street.
DISCUSSION:
Parking Company of America, owner of the parking lot located at 1100 Taylor Street property, has
leased this property to the City since May 17, 1994. The previous lease, which expired November 30,
1997, provided the City with 24 parking spaces for City employees. The lease agreement
recommended for approval would be effective as of December 1, 1997 and terminate November 30,
1998, unless a prior termination is effected by either party under the termination provisions of the lease.
The monthly lease rates included in the agreement are:
• Year 1: $720.00 ($30.00 per space)
• Year 2: $750.00 ($31.25 per space)
• Year 3: $800.00 ($33.34 per space)
Staff also recommends that monthly rental rates,the City charges for a parking space at the 1100 Taylor
Street lot as well as the adjacent lot located at West Lancaster and Taylor Street (a portion of which Is
leased from the Texas Department of Transportation) be increased as follows:
Year 1: $30.00 ($32.48 w/tax)
• Year 2: $31.25 ($33.83 w/tax)
• Year 3: $33.33 ($36.08 w/tax)
Currently, the monthly rental rate per space for the lots is $25.00 ($27.06 w/tax). This rate has been
in eff ect since June of 1987. Staff conducted a survey of surface parking rates in the area showing the
median monthly rate to be $52.13 per space. Under the recommended rate increase, employees would
pay no more than $1.72 per day for parking. If approved, then rates would take eff ect on December
1 st of each respective year (Year one rates would be effective immediately upon approval by the City
Council).
City of Fort Worth, Texas
w
"ago r and Councit Conit"unicatio"
DATE REFERENCE NUMBER LOG NAME PAGE
3124198 L-12218 20PARK 1 2 of 2
SUBJECT LEASE AGREEMENT WITH PARKING COMPANY OF AMERICA AND INCREASE OF
MONTHLY RATES THE CITY CHARGES AT TWO PARKING LOTS
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current operating budget, as
appropriated, of the Municipal Parking Fund.
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