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Home My WebLink AboutContract 28291� �, : . STATE OF TEXAS CDUNTY OF TARRANT LEASE, AGREE1VIEl�TT � �I�'Y ��E�'��Y ��Nl'Rl��i � � t7� This lease agreement {Lease) is made and entered into this, the �day of !� , 2002, the effective date hereof, at Fort Worth, Texas by and between Assured Business Park & Self Storage (Lessor), and the City of Fort Worth, a m�tnicipal corporation, acting.by and through its duly authoriz�d representative Libby Watson (Lessee). The term "Lessor" shali include the agents, representatives, empioyees, and contractors of Lessor. The term "Lessee" shall incIude the agents, representatives, and employees of Lessee. SECTION 1. Leased Premises. For and in consideration vf the rental payments to be paid undez this Lease, Lessor leases to I.essee and Lessee Leases from I,essor: Office Space of approximately 720 square feet, located at 6465 East Rosedale Street, Suite 3A1, Fort Worth, Texas, 76112. The office space, together with any and all structures, improvements, fixtures and appurtenances thereon, thereunder ar a�ver, shaIl be referred to as the Leased Premises. T�e �oundaries and loc�.tion of ihe Leased Prernises are described an the attached Exhibit A made a part hereof. . SECTI�N 2, Use of uremises. The leased premises shall be used as office space for the Fort Worth Palice Department, including off-duty police officers. SECTION 3. Te�-m and Rent. This lease sha11 be for a period of one year comrnencing on Dece�nber 1, 2002, and termi.nating an Navember 30, 2003, unless a prior ternvnation is effected by either Lessor or Lessee under the terminat'son provisions of this L�ase. Lessee shall pay I.essor annual rent af $1.OQ, the rec�ipt and sufficiency of which is hereby acknowledged. . This Lease may be renewed for successive terms of 12 months each for up to a maxirnum of two successive terms, pro�ided that Lessee notifies Lessar in wrifing of its intent to extend on or before 3� days prior to the expiratian of the Leas� or any extension. The natice shall t�e deemed effective when deposited by Lessee in United States rnail, postage prepaid, certified mail, return reeeipt requested, addressed to Lessor. The terms of this I.ease sha11 continue to govern and conCrol the relationship of tk�e parties during any extensions. SECTION 4. Ta:�es, Tnsurance. Utilities, Care of the Leased P�remises. Lessor agrees to be responsible for the paymeni of all eIectricity, natural gas, water, ar other utility charges that came due and payable during the term Lessee occupies the Leased Premises. Lessnr agr�es to pay all taxes and insurance as they came due. Lessee wiIl be responsible for telephone installat�on and manthly �. Ciry of Fort Worth Lease Page 1 ''`� : �� charges. Lessee shalI keep the L.eased Premises in good, clean and habit�ble condition, normal wear and tear �xcepted. Lessar shall main�ain in good repair the roof, foundation, exterior walls, exteMor doo�'s, heating, air conditioning, electrica�, plumbing, and interior painting or other treatrnent of interior walls of the Leased Premises. Lessee agrees to give Lessor wriCten notice of defects or need for repairs in the roof, faundation, exterior wa11s, extarior doors, heating, air conditionin�, electrical, and pium�ing of khe Leased Premises. If any repairs raquired to be made by Lessar are not cainmenced or made within sever� calendar days after written notice is deli��red to Lessor by Lessee, Lessee may terminate the Lease. SECT�ON �. Insurance. Lessar agrees to insure the structure and premises of 6465 E. Rosec�ale Street, Suite 3A1, Fort Worth, Tarrar�t County, Texas, 76112. Such insurance shall provide protectian for liability, fire and casualty, and property damage far the praperty owned by the Lessor, situated at, � anc� including, the Leased Premises. Verification of this eaverage shall be pro�ided to Lessee prior to �he executian of this contract. Lessee assumes no liability or financial obligation for the acquisi�ion or maintenarice of such insurance; all costs incurred during the course of insuring the prerr�ses shall be borna solely by the Lessar. Lessee will provide Lessor with proof of self insurance. SECTION 6. Liabilitv and Hold Harmless. Lessor covenants and agrees to release, indeznnify, h.ald harnaless and defend Lessee, its officers, agents, servants, and employees, from and against any and all cIaims or suits for property damage, personal injury, or any otlaer typ� of ]oss or adverse consequence related in any way to the existence of khis lease or ihe use or occupancy o� the Leased PIBTn1150Sy regardless of whether the act or omission complained af r�sults from the alleged neglig�nce or any other act or omission of Lessar, Lessee, or any third party. SECTION 7. F'rxtures . Lessor herein agrees that no property or equipment, own�d or installed by Lessec;, or any representati�e of I.�;ssee, shall, under any circumstances, become a fixture, and that Lessee shall reser�e the right to remove any and all such property or equiprnent at any tirne during the tertn of this Iease, or subsequent to its Cermination by either party. Lessor further agrees that she/he wi11, at no time, bold or retain, any praperty owned or installed by Lessee, far any reason whatsoever. SECTION S. Termination and Ri�ht of I�snectian . Lesso:r shall have the right to tern�uinate this Lease at any time fflr any reason unre�ated to Lessee's def�uit or breach of any af the terms expressed hercin by giving Lessee 60 days' written notrce prior to the intended terrnination date. The notice sI�aIl be decmed effective when d�posited by Lessor in United States mail postage prepaid, certifed mail, return receipt requ�sted, addressed to Lessee. Lessee sha11 have the right ta terminate this Lease at any time for any reason unrelated to Lessor's default or breach of any of the terms expressed l�erein by giving Lessor 30 days' written notice prior to the intended terminatian date. The notice shall he deemed effecti�e when deposited by Lessee in the United Stat�s inail, postage prepaid, certified mail, retum reeeipt request�d, addressed to Lessor. . � If Lessee elects ta terminate the Lease because of any alleged default or breach by Lessor af any Lease provisions, Lessee shall be required to give Lessor immec�iate notice in writing of that intention stating specifically the reasons therefor and allowing Lessor seven calendar days after the City of Fort Warth Lease Page 2 m date of Lessor's receipt of the notice to cure any or a11 defaults(s) or breach(es) specified in the notice. If th� specified defaults or breach(es} of Lessor are noi cured to the satisfaction oi L,essee's Adrninistrator of ReaI Property Management, the Leasc will be terrninated. If this Lease is �ermina�ed under this sectian, or as a result of the expiration of the Lease term or any renewaI period, neither party shall have any further ohligatian or liability to the other under this Lease, except ihat Lessor and Lessee shall be liable for the breach of term covet�ant or conclition contained in this Lease occurring prior ta the date of the surrender of the Leased Prernises by Lessee pursuat�t to the termination. Lessor and Lessee shall be bound by the terms, covenants and canditions expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of surrender coincides with t�ie date of termination of the Lease. Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of inspecting the Leased Premises, provided tItat such entry daes not confliet with Lessee's rights hereunder. SECTION 9. _�.tnding. NonaAnuro�,�Jiation and Termination. This lease sha11 termi.nate in the event that the goveming body of Lessee shall fail to apprapriate sufficient funds to satisfy any obIigation of Lessee hereunder. Termination shall be effective as af the last day of the fisca� period for which sufficient funds vtrer� appropriat�d or upon expenditure af all appropriated funds, whichever cames first. Termination pursuant to this non-apprapi7ation clause shall be without furGher penalty or expense to either party. SECTI4N 10. Surrend�r of Leased Premises. Upon the iermination 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 o� possession under fhe Lease, reasonable wear anc� tear excepted. Lessee also shall surrender all keys fQr the Leased Premises to I.essor at the place then fixed for the payment %r rent and shal� inform Lessor af all cambinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remove all its furniture and equipment an or before the termination of the I.ease; and Lessee s�ia11 be responsible for repairing any darnage to the Leased Premises caused by the rernoval ai furniture and equipment. SECTION 11. Governmental Re�ulatMans. Lessee a�rees to comply fully with all applicable Federal, state, and municipallaws, statutes, ordinances, codes, ar regulations in connection with use of the Leased Frernises. Provided, how�ver, Lessar (i) shall make aIl improvements necessary to make the Leased Preinises comply with the Americans With Disabilities Act o� 1990 ("ADA"}, 42 U.S.C. § 12101 et se ., shall fully indemnify and hold harmless Lessee frarn and against any and al1 claims, losses, damages, suits, and liability of every kind, including ail expenses of litigation, arising out of or in connection with the Leased Premise�' compliance, or lack af campliance, with ADA, and {ii) shall maks all improvements necessary to correct andl or abate all environmental hazards of tl�e Leased Premises. SECTION 12. Acceutance of Leased Premfses_. I.essee represents tha� it takes the Leased Prernises in goocl condi�ion and that the Leased Premises are suita�aIe far the purposes for which they are being leased. City af Fart Worth Lease Page 3 d SECTIOl�T 13, Assi�nment. Lessee shall not assign ar sublet Chis Lease wiihout the prior written appro�al of Lessor. Upon issuance of s�ch. appraval, this Lease snall be binding on the successors, and lawful assignees of Lessor and the successors oi Lessee, as permitted by the terms af this agreement and by the laws of the SCate c�f Te�as and Che United States, Any p�rson or entity using or accupying the Leased Premises withaut a Iawful assignment ar sublease shall be subj�ct to all the responsibilities and liabilities of Lessee and s�alr ba subject to alI provisions regarding ternvnation and eviction. SECTION 14. Police Proteetian. Lessor agrees and understands that Less�e in no way promises to prcavida increased poliee protection or more rapid emergency response time because of tk�is Leasa. No specia� arelatianship shall exist between Lessor or Lessee other than that af landlard and tenant. Lessee shall provide no greater police protectian ta Lessor than is provided to all ather residents and businesses af the City of Fort Worth. SECTION �5. Notic�s. Natices required to be made urid�r this agreement shall be sent to the following persons at the foIlowing adc�esses, provided, however, �hat each party res�rves the right� to change its designa�ed person far natice, upon written notice to th� other party of such change: AlI notices to Lessor shall be sent to: Managemene Assured Business Park & Se1f Storage 6465 E. RosedaIe #301 Fart Worth, Texas 76112 All notices to Lessee sha�l he sen� to: Fart Worth Police Department Administ�atar, Fiscal and Equipment Management 3S0 West B�lknap Street Fort Worth, Texas 761Q2 As well as to: Administrator, Real Praperty Management City of Fort Worth 927 Taylor Street Fort Worth, Texas 76142 All tinr�e periods related to any notice requi�'ements specified in the Lease shall co�nmence upon the terms specified in the section requiring the notice. City of Fort Worth Lease Page 4 0 SECTION 16. Entirs A�reemen� . Tl�is I.ease shall constitute the entire agreement of the Lessar and Lessee, and sk�all supersede any priar agreements, either oral or written, pertaining to �he Leased Pr�Iri15E5. SECTION 17. Wai�ers . One or more wai�ers of any cavenant, term, or candition af the Lease by eith.er Lessar or Lessee s�iall not be construed as a waive� of a subsequent breach of ti�e same covenant, term, or condition. The cansent or approval by either Lessor or Lessee to or of any act by the other party requiring such consent or appro�al shall not be deemed a waiver or render unnecessary consent ta ar approva3 of any subscquent sirnilar act. SECTION 18. Venue. This Iease and the reIationship cr�ated hereby shall be go�erned by the Iaws of the State of Texas. Venue far any action brought to interpret ox enforce the t�rms af the Lease or for any breach shaIl be in Tarrant County, Texas. , SIGNED this � day of � LESSOR: Assureci Business Park & Self Storage LESSEE: City of Fart Worth _ — ot � , � � By:, � . �r L�by Watsc�n, Assistant City Manage� a -r By. � i./Y�-� , 2a � � . Name: S f�-A R�. IYL� v�� Title: ATTF.,,�r�'; ; i�` ' City Secretary � , �wl L.�-�,�J�} t' APPRO AS TO FORM AND LEGALITY: ��_ ..�-� As t City Attorney � • . � . � ��.� —. :�,n�ra�� u�.ha�i�a��o� 12- D n _ _--�__ __.�-. -�� :� t�� City of Fort Worth Lease Page S � , ;�� ,. ti . � t:. �� ,�n � � .� STATE OF TEXAS COUNT'Y OF TARRANT 0 BEPORE ME, the undersigned aLrtharity, a Natary Public in and for the State of Texas, on this day personally appeared /Yi 't�r� , layown to me to be the same person whose narne is subscribed to the foregoing instrument, and acknowledged to me that the same was the act oi�.-��-�-- / Y 1� and that he/she executed the same as the act of said �� the pur�ases and �� cansideration therein expressed and in the capacity therein stated. / S� GIVEN UNDER MY HAND AI�TD SEAL OF OFFICE this � day of �� , AAarl� � F,}�mer�de�z , � AAy Cvmrrdmabn �xpi� A�pust 05, 2003 � 2� D� r E�� • 'i/ /-• tary Public in and far ihe State of Texas City af Fort Worth Lease Page 5 STATE OF TEXAS C�UNTY OF TARRANT 0 BEFORE ME, the undersigned� autharity, a Notary Public in and for the State of Texas, on this day persanally appeared Libby Watson, known to me to he the same person who�e name is subscribed to the foregoing instrument, and ac�cnowledged to me that the sarne vvas the act of Libby Watson and tha.t she executed the same as the act of said City of Fart Worth for �he purposes and considerat�on therein expressed and in the eapacity therein stated. GiVEN UNDER MY HAND AND SEAL �F OFFICE this �a� day of �.�-�-�� , ZO D 2� . ��`� �� R05��A BARNES �� NDiARY PfJ9LlC ,� �,�i� ` State of Texas '•.,, o w„�Camm. Exp. 03-3 i-2005 -, =, .� �.<< �, ..,,.,,, , � . . �-�L�G��c. /��/1� Notary Public in and far the State of Texas Ctty of For•t Worth Lease Page 7 �i�� LegaI Description: Lot: 1-AR and 2-AR Block: 20 Additian: Original Town of Handley, and addition now in the City of Fort Worth As recorded in: Volume 388-58, Page 488, Deed Reco�rds, Tarrant Caunty, Texas City of Fort Warth Lease Page $ � L�-�- 1- �2 , g�o�� 20 �� l�.a-j- 2-a�..�z-- ,�aU,� 2 1 , �I 11 � . .. ,� � �,, i: ��,. � l i� ,�. - �� ,� I 1 ` -r:�. s. G. 0• - IC'i Uubr rz. �' �.-�-r- I _ r-'�'. S.G.4. -�p' �J�.,a�,R. lE c.. �orz +��G I�«r �Jo�. 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EAS�MEN'r..••' �� !-` � va�..5227,QU.�'24 �, v� � , -t � �. �.n.-�-.c.:( p� ¢ �!� ��' � � � 6� �y� �� y = f �' �, / �w � a 1 w�' o.renn�.dn ti�r�..Ta+c. . . � � 4 '� � - r�sNSr��y�,o� �.r s�r�s . a � u : . � E . r�n� s}iaw�Nc. � aE I u Co+1G .�� Nbt V. . ��.1111-� I• : � �� • ' KY � �% Q � lV y.�`ic� ,,,� � � i.��c� i--f�iz ,�ta •�--nii, �izoc� zo, niuc;r�n�, ��ot��H c>>� i�Arai 'L�'GJ) • nc�su i.n Ciic Ci ty uF 1�c7�•C 1dr,�r. rE�, 'f'�irr:►rat C�,�in[v, 'i'�x� `:1 t:l�c Itc�vE�;rcj !'1nC r.cr.c,rc[e�c{ _iri Vc,l�iru�� 3$8-�i�i� P:iF!c hf 'l'.irrnrie c:�+u»tv, 1'�r,�ati. �� `ity of '�'o�t T�Tjorth9 T'exas l��yor �nd Coun�il �o�mu��c��t�or� DAT� REFERENCE NUMBER LOG NAME PAGE 121'f 0102 *�'L�13�6� 35ROSEDALE 1 of 1 SUB.IECT EXECUTION OF LEASE AGREEMENT WITH ASSURED BUSINESS PARK & SELF STORAGE FOR OFFICE SPACE LOCATED AT 6465 �AST ROSEDALE STREET FOR THE PULICE DEPARTMENT RECOMMENDATION: It is recammended that the City Council: 1. Authorize the City Manager to execute a lease agreement with Assured Bus�ness Park & Self S�orage for approximately 722 square feet of affice space lacated at 6465 East Rosedale 5treet, Suite 3A1, at a cost of $1.�Q per year; and 2. Authorize the agreement to begin December �, 2002, and expir� November 30, 2003, with twa 92- month renewal options. DISCUSSiDN: The Engineering De�artmen#, Real Property Servic�s Division, at the request of the Police Department, has negotiated the [ease of office space io be used as a police storefront. The lease term is for one year, with two �2-month flptions to renew. There is a renta! charg� of $1.00 per year for the space. The landlord is responsibfe for all utility payments, with #he exce�tion af telephone service. RENEWAL OPTIONS - This agreement may be renewed fo� up to two successive one-year terms at tihe City's option. This action does not require specific City Counci[ approval pra�ided that the City Council has appro�riated sufficient funds to satisfy the City's obiigations during the renewal term. F15CAL {NFORMATI�NICERTI�ICATION: The Finanee Director cer�ifies ihat funds ar� available in the current operating budget, as appropr�ate�, of the Crime Control and Pre�ention District Fund. LW:k Su6mitted for City Manager's Of�ce by: LiU6y Watson Originating Department Head: Ralph Mendoza Addifional Informatinn Cuntaci: Ralph Mendoza I FUND I ACCOCJNT I � (ta) � 6183 � 4-838G I (fram) GR79 539120 � 4-838G I CENTER 0359501 I AMOUNT $1.Ofl CITY SECRETARY APPROVED 1211 D/02