HomeMy WebLinkAboutContract 28326�i�� ��������� �
LEASE AGREEMENT ��N�'RA�'i' � „ "�___���
�� This lease agreement ("Lease") is made and eniered into as of the � day of
i 18�� �` ' - +� + ; � , (the "Effective Date"), at Fort Worth, Texas, hy and between BL4CK
P yR'�NERS, L.P., a Texas limited partnership {"Lessor"}, and the CITY OF T'ORT
WORTH, TEXAS {"Lessee"), a municipal corporaiion, both parties acting by and through their
duly ar�thorized representatives. -
SECTION 1. Leased Premises.
For and in consideraiaon of mutual covenants and agreements herein contained, Lessor leases to
Lessee and Lessee leases frazn Lessor the faIlowing described property (ihe "L�as�d Premises"):
Approximately 255 square feet n� affice space at 40Q West �`h Street, Fart VVorih,
Texas on the street level of the building locaCed an Slocks 7b and 81, City
Additior� to the City of Fort Warth, Tarrant County, Texas. A floor plan of the
Leased Premises is shown on EXHISIT "A" attached hereta and incorporated
herein.
SECTION 2. Use a� Leased 1'remises.
A. The Leased Premises shall be used as a neighborhood poliee district starefront operation
and office space for the Fort Worth Police Depariment, including on-duty and aff-duty poiice
officers.
B. The Leased Prernises rnay not be us�d far the �0110V[rfTl� �7L1ip05B5: tha temporary or
perznanent zncarceration of suspec�s or convicts; or t�e storage of w�apons or muniiions oth�:r
than those necessary for normal pa�raI responsibilities.
SECTION 3. Term.
A. This Lease shall be far a p�riod of 12 calendar months commencing on the Effec�ive Date
and expir�ng 12 calendar months th�;reafter, unless a prior terrninaiion is effected by either
Lessor or Lessee under the tezminat�an provisions of this Lease.
B. This Lease may be autamaiically renewed for successive ierms of 12 calendar monfihs
each, subject to khe termination provisions of this Lease. The terms of this Lease slzall continue
to govern and control the relationship of the parties during any r�newai periods.
SECTYON 4. Rent.
Lessee shall pay Lessor annuai rent of $1.00, the receipt and sufficiency of which is hereby
acknowledged. ,
,��: �
Lease � Agreement - Gty of Tq;ur[ ,, , R;Futr� ,_
Lease Agreement - City af Fark Worth
SECTION �. Taxes. UtiIities, and Maintenance of Leased Prernises.
A. Lessor agrees ta pay all ad varorem taxes a�d assessments related to the Property as they
come du�.
B. Lessor shall be responsible for the payment of all electricity, natural gas, watez, ar other
utiiity �harges that coma due and payab�e during the term Lesse� accupies the Leased Premises.
Lessee will pay for instaliation of telephones. Lessee wi11 pay monthly phone bills.
C. Lessor shall lceep the Leased Premises in good, clean, and habitable condition, normal
wear and tear exc�pted.
D. Lessor shall maintain in good repair the roof, foundation, exterior walls, heating and air
conditioning of the Leased Premises. Lessee agrees to give T3essor written notice of d�fects or
need for repairs.
E. Interior repairs, routine janitorial; and office cleanup services will be paid b�' t.he Lessee,
t�tilizing a ser�iee provider as mutually agreec� upon by Lessor and Lessee. Lessee shall obtain
Lessor's priar written approval of any alterations to ihe Leased Premises.
SECTION 5. Inde�anutit�'; Insiirance.
A. The provisions o� this Section shall cover BLOCK 76181 PARTNERS, L. P.,
SUNDANCE SQUARE MANAGEMENT, and BASS ENTERPRISES PRODUCTTON C�.,
(collectively, "Indemnitees"} during the lease of various� properties owned ox operated by
Indemnitees.
B. TO THE EKTENT PERMITT�D BY LAW, THE ��TDEMNIT�ES AND THEIR
AFFILTATED COMPANIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR AND
SHALL BE SAVED, D�I+'ENDED, AND HELD HARMLESS IIY L�S5EE FROM AND
AGAINST ANY AND ALL CLAIMS AliTD DAMAGES OI` EVERY KTNll, INCLUDING
THE COST OF D�FENSE, FOR INJiJRY TO DR DEATH OF ANY PERSON OR
PERSONS AND FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OY+' OR
ATTRIBUTED, DIRECTLY OR INDIR�CTLY, TO THE USE BY LESSEE OF THE
LEASED PRENIIS�S ANA ADJACENT PARKrNG AREAS EV�N IF SUCH CLAIM OR
DAMAGE IS OCCASIONED BY TI� CONCURRENT NEGLIGENCE OT' ANY
INDEMNITEE, THEIIt AFFILIAT�D C4MPAN1E5, �MPLOYEES, CONTRACTORS,
OR AGENTS.
C. The Indemnitees shall be Additional Insureds on Lessee's Commercial� Generai Liability
policy, which shall have rrunimum Iimits of $�00,000 per occunrence. A Certificate of Insurance
shall be supplied to Indemnitees, priar ta the lease commencing, slaawing the Additional Insured
statas mentioned abave and that the coverage is primary aver al1 other valid and collectable
insurance available to Indemnitees. Should the Lesscc; have a seif-insurance program instead of
C�'aditional insurance, said program or servicing agre�ment shall reflect that the Indemnitees shall
�e a protected party but only as respects tl�e claims and damages assumed by Lessee in the
l.ease Agraement - City af Fort Worth � �
I.ease Agreement - City af Part Worth
Indemnity pravision �bave. Such claims a�nd damages will be paid direeily by the Lessee if it
has chosen to sel�-insure the rislc.
D. The employees of Lessee will have Work�rs' Compensa�ion proteciion provided to them
by the Lessee through either traditional insurance or self-insurance in compliance with t�e
Workers° Compensation Statuie. Lessee k�ereby agrees that it will cause such insnrance policies
ar self-insurance program �o specifically wait�e all righis o� subrogation in favor of the
Indemnitees. A Certificate of Insurance shali be supplied to Indemnitees, prior to the lease
comrnencing, showing this waiver of sub�agation. Pro�ided, however, tkxat notwithsCanding the
p�o�visions of this S�bsect�on D, it is understood and agreed that Lessee's warkers campensation
insurance is self-�unded by the City to a Iimit of $500,000 per incsder�t, and that excess coverage
is provided by an insurance policy. Should waiver af subrogation a�n the excess ca�erage b�
cammercially or legally unavailable or impracticable to obtain, Lessor agr�es to review and
consider deleting the requirement of waiver of subrogat�an as to the excess caverage.
E. Any insurance coverage carried by Lesse� on its perso�al property while on said
premises or at adjacent parking faeilities shall include a Waiver of �ubragation in favor oi the
Indemnitees. A Certificate of Insurance shall be supplied to Indemnitees, priar to
commencem�nt of the Lease, verifying t�is waiver if said property is insured. Should Lessee
choose to self-insure its darnage or Ioss to personal prop�rty, Lessee further a�rees that all
personal propei�y is on the said properties solely at the risk of L�ssee, and Lessee waives any and
ail rights it may have against any �ndemnitee for claims of damage to or lass of this property.
F. I.essor shall be responsible for fire and casualty insurance cover�ge on the structure
housing the Leased Premises as well as all ather liability nr property damage coverage not
required to be carried by Lessee herein.
SECTI4N 9. Termination.
A. Lessor sha11 ha�e the righi ta terminate �his Lease at an� �ime for any reason whatsoe�er,
at Lessor's sole diseretion i�y giving L�ssee 30 days' prior written notice af such terrnination.
B. I.F:ssee shall have the right to ternunate this Lease at any tirne for any reason whatsoever,
at Lessee's soie discretion by giving L�ss�r 3Q days' prior written notice of such terminatidn.
C. If Lessee elects to terminate the Lease because of any alleged defau]t or breach by Lessoae
of any Lease provisions, Less�� shall be r�quired to give I.ti;ssor immediate notice in writing of
that intentaon stating specifically the reasons therefor and allowing Lessor 30 calandar days after
the date of Lessor's receipt of the no�ice to care any or all default(s) or breach{es) specified in
the notice. If the specified default{s} or breach(es} of Lessor are naC cured to the satisfaction of
Lessee's Administrator of Real Prflperty Management, the Lease will be terminated at the end of
said 30 days.
D. If this Lease is terminated under this section, or as a result of the expiration af t.kie Lease
t�rm or any renewal period, neitkier party shall have any furth�r obligation or liability to the othe�
und�r this Lease, excep� that Lessor and I.essee shall be liable for ihe breach of a terzx�, cavenant
or candition contained in this Lease occurring prior to the date of ti�a surrender of ;t�e Property
x,ease Agreement - City of For[ Worth 3
Lease Agreeznent - City oi Fort Worth
by Lessee pursuant ta t�e termination. Lessor and Lessee shall be baund by the terms, covenants
and condiiions expres�ed herein until Lessee surrenders �he praperty, regardless of whether the
date of surrender coincides with t�e dat� of termination of the Lease.
SECTION S. Insnectxan.
Lessor reserves the right to enter upon ti�e Leased Premises at a11 reasonable times for the
purpas� of inspecting the Leased Premises, provided that such entry daes not confliet with
Lessee's rights hereunder.
SECTION 9. Le�see's Propertv and Eauinment.
Lessor herein agrees that no prape��ty or equipment, owned or insCalled by Lessea, or any
representative of Lessee, shall, under any circumstances, become a fixture, and that Lessee shaIl
reserve the right to remove any and all such praperty or �quipment at any time during the term of
this Lease. Lessar further agrees that it will, at na [ime, hold or retain any �property owned ar
instalred by Lessee, for any reason whatsoever.
SECTION 10. Fundin�, Non-Apuronriation and Termination.
This Lease sha11 terminate in the event that the governing body of Lessee shall fail to appropriate
sufficient funds to satis�y any obligat�an af Lessee hereunder. Termina�ion shall be effective as
of the last day of the fiscal period far which sufficient funds were appropriated ar upon
expenditure of aIl appropriated funds, whichever cornes first. Tarmination pursuant to this non-
apprapria�ion clause shall be without furiher penalty or expense to either party.
SECTION 11. Surrender of Leased Premzses.
Upon the termination of this Lease for any reas4n whatsoever, Lessee shall surrender possession
of the Leased Premises in the�same condition as existed upon delitrery of pass�ssion under the
Lease, reasona�le wear and tear except�d. Lessee also shall surrender all ke�s far the Leased
Premises to I.�ssor and shall inform Lessar of al� combinations on locks, safes, and vaults, if any,
on the Leased Premises. Lessee shalZ rernove all xts fiarniture and equipment on or 6efore the
ternunation a� the Lease; and Lessee shall be responsible �or repairing any darnag� to the T�eased
Premises caused by tY►e removal of furniture and equipment.
SECTION 1�. Go�vernment�l�Re�xlations.
Lessee agrees to cornply fully with all applicable �ederal, state, and municipal laws, statutes,
ordinances, codes, or xegulations in connectian with use of the Leased Premises.
S�CTrON 13. Assi�nrxaent.
Lessee shall not assign or subleC this Lease without the prior w�itten ap�roval of Lessor. Lessor
shall gi�e na�ice to Lessee of any assignment af Lessor's interest in the Leased Propert�+.
Lease AgreemenY - City of Fort Warth 4
Lease AgreemenC - Ciry of Fort Worth
SECTTON 14. Police Protec�ion.
Lessor agrees and understands that Lessee in no way promises to provide increased police
protcction or more rapid emergency response time beca�tse af this Lease. Na special relationship
Shal� exist between Lessor and Lessee other than that af landlord and tenant. Lessee shall
provide no greater police proteetion io Lessor than is }lxOVlf�OC� t0 aIl other residents and
businesses of the City of Fort Worth.
SECT�ON 15. 1lTotices.
A. All notices to Lessor shall be sent to:
Block 76/81 Partn�rs, L.P.
c/o Sundance Sq�are Management
S 12 Main Sireet, Suite 15D0
Fort Worth, Texas 7b 1 a2
Attention: Property Manager
B. All no�ices to Lessee shall be sent to:
Fort WnrCh Police I]epartm�nt
Adrninistraior, Fiscal and Equipment Manag�ment
350 West Bellcnap Street
Fort Worth, Texas 76102
As we11 as to:
Administrator, Real Property Management
City af Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
C. Except as herein otherwise provided, maiiing of all na�ices under the Leas� shall be
deemed suffici�nt if mailed postage prepaid and addressed as specxfied herein. A change in a
party's address for notices� may be made by notice given in acco�dance with this section.
D. Notice of terminatian of �this Lease by eithex party shall be deemed effective when
deposited in United States mail, postage prepaid, certified mail, retum receipt requested,
adclressed to the other party as specified herein.
S�CTION 16. Miscellaneaus.
A. This Lease shall constifiute the entire agreement of the Lessor a�d Lessee, and shall
supers�de any pl�ior agreements, either aral or wa7iken, pertaining to the Leased Premises.
B. 4ne or more waivers of any covenant, term, or condation af the Lease by either Lessor ar
Lessee shall nat be construed as a wai�er of a subsequent breach of the s�ame covenant, term, or
1,ease Agreernent - City of Fart Worth �
I.ease Agreement - City oF Fort Wor�h
condition. The cansent or approval by either Lessor or Lessee to o� of any act by the other party
requiring such consent or approval shall nat be deemed a waiver or render unnecessary consent
to or approval of any subsequent similar act.
C.. This I.�ase and the relationslup created hereby shall be governecl. by the Iaws of the State
af Texas. Venue for any action brought to interpxet or enforce the terms af ihe L�ase ar for any
breach shall b� in Tarrant County, Texas.
D. This I.ease shall be binding on the successors and Iawfui assignees of Lessor and the
successors of Lessee, as pei�nitted by the terms of this Lease agreernent and by the laws of the
Sate of Texas. Any person ar enhty using or occupying the Leased Premises without a lawfu�
assignme:nt or sublease shall be subject ta all the responsibilities ancl liabilit�es o� Lessee and
sha11 �e subject ta ail provisions regarding ternunatian and eviction.
Exeeuted in duplicate originals as of the date first hereinabove written.
LESSOR:
BLOCK.76181 PARTNERS, L.P.,
a Texas limit�d partnership
By: Block 76I81 Genpar LLC,
. its eneral part er
By: �'� ' �
Name: l�l1� �+� � 1,1, �
Manager
, � �� `�
Con�ract 14uthariz�tion
�
� _.... . _ -.:.`-...-.I.
�ate
Lease Agreement - City oF Fort Worth
I.ease Agreement - City oF Fort Worth
LESSEE.
CITY OF F�RT W,4RTFI,
a municipal cdrpoxatian
By: _
�ibby Watson,
Assistant City Manager
ATTEST:
B y' �I —
Name: Y.,(i.v;�
• ity Se etary
APPROVED AS TO AND EGALITY:
By: l� . .
Name: � �'i _ � � L 7��--� ; `
Assis ant City Attorney
C
ST'ATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, t�e undersigned autl�arity, a Notary Public in and far the State of Texas,
. �j--�
on this day personally appeared �� U• , rnown ta me to be the
same persan whase name is s�rbscribed to the f�regoing inst�ument, and acknawledged to rne that
the same was the act of �� d that he/she executed the same
�
as the act of said • � for the purposes and
� �� �� �'/� C� C �
considerati�erein ress�d and �n the capacit�ther" e�n st � `
GIVEN UNDER MY HAND ANI� �EAL �F �FF�CE this ��"�
�' �- � / � �/ -
�
Notary Ptiblic in an r the State of Texas
Lease Agreement - Ciiy of Fort QUocfh
Lease Agreement - City af Fort Woi�th
7
day of
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STATE DF TEXA�
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and.for the State of Texas,
on this day personally appeared Libby Watson, known to me �o be the sama person whose name is
subscribed to the foregoing inst�ument, and aclrnowledged to me that th� same was the aci of Libby
Watson and that she executed the same as the act af said City af Fort Worth for the pnrposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF �FFICE this day of
,2Q
Notary Public in and for the State of Texas
Lease Agreement - City of Fort Worth 8
Leasa A�reement - City pf Fort VL�ortl�
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Leasa Ageement - Cify of Fmt Wmth.DOG
Leasa Agreement - City of Fort %V'orth
City of �ort Worth, T`e.�cas
Illl���r� a�� ��a�n��� C�r�r�����at�on
C7ATE I�EFERENCE NUMB�R LOG NAM� PAGE
1211 Q102 **��� �4s� 35PARTNERS 1 of 1
sus�Ec� EXECUTION OF LEASE AGREEMENT WITH BL4CK 76/81 PARTNERS, L.P. F�R
OFFICE SPACE LOCATE❑ AT 40Q IIVEST 4TH STREET FOR THE POLICE
DEPARTMENT
RECOMMENDATION:
It is recommended that the C�ty Council:
9. Authorize the City Manager to execute a lease agreement with Block 7fi181 Partners, L.P. for
a�proximately 255 square feet of office space located at 400 West 4#h 5freet at a cost o� $1.Oa per
year; and
2. Authorize the agreement to begin December '{, 2002, and expire November 3Q, 2003, with
automatic 12-month renewal optians.
DISCUSSION:
The Engineering Department, Real Property 5ervices Division, af the request af the Police Department,
has negatiated the lease of office space to be used as a police storefronf.
The lease term is far one year, with automatic 12-month options to renew. There is a r�nta� cE�arge af
$�.00 pe� year �or tf�e space. The City caf Fort Worth will pravide commercial general liabifity insurance.
The landlard is responsible for all utility payments, with the exception of telephone service.
FISCAL INFORMATIDNICERTiFICATION:
Tne Finance Direc#or certifies that funds are available in the current operating budget, as appropriated,
of the Crime Control and Prevention Dis#rict Fund.
LW:k
Sulami�ted %r City Manager's
Ofisce by:
LiU6y Watson
Originnting Department Head:
Ralph Mendaza
AdditiouaI Informatian ConEact:
Ralph Mendoza
I F[lP[D I ACCOITNT I
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4838G I (from)
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CE1�IT�R
Q359501
I AMOiJNT
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C1TY SECRETARY
APPROVED 12/14/02