HomeMy WebLinkAboutContract 28441STATE OF TE�� §
COUhTTY OF 'TARR�II�T §
LEA�E AGREEll+IEllTT
�ECTIOI�T 1.
��`�Y ��C�Ei�f�Y'
��Nigr�A�� d� . �_ �� f
This lease agr�ement is made and entered into at Fort Wart�, Texas, by and between the
City of Fort �7itorth, hereina#�er referred to as "Lessor", and Jet'ty L. and Lau Ann Rey�olds,
hereinafter re%rred to as "Lessee". �
SEC1T0� �.
For �a�d in consideration of the rental payments ta be paid hereunder and the further
a�reements of the p�ties expre�sed herein, Lessar does hereby lease, l�t and demise the properiy
described as �allows; 1�04 Westport Pa.rkway, Hasl�t, Tx..
A tra.ct of land situated in the C. Harmon 5urvey, Abstract No. 73'�, Tarrant County, Texas,. and
the impravements located #hereon, camrnanly known as 14D4 Westpart Parkway, Haslet, Te�as,
and more specially described in Exhibit "A", at�ached hereta and incorparated herein. The
prop�ty described together wi�h any and all stntctures, im�ravements, fixtures and
�ppurtena�ces on, av�r and under said prop�rry sha�l be re�`erred to nerein as the "Leased
Prerrrises".
3EC1`�O1�T 3.
� This le�.s� shall be for a periad nf one {1) mont� cflmmencing January 1, 2003, and
ternunating on January 31, 2003. This lea.sa may be renewed for a�ma�imum of five (S)
successive periods, provided that Lesses provides Lessor with written notice of its iu�te�i ta
re��w an a:r before seven (7} day� prior to the expiration of the term of the lease or any
suceessive renewai thereo� The �pecified written notice shall be effective upan receip� by
Lessor. The rerms set forth herein shall govern and control the relatiortship of the parties hereta
during any renevval period. Lessor reserves the right to terminate the lease at the end of the te�rnm
of any successive renewal thereof regardless of Lessee's intent ta renew.
SECTI�I�T 4.
As cansideration %r this lease, Lessee agrees to pay monthly ren#a.l payments to Lessor
in. the �um of Five Hundred Dallars ($500.00) said rent pay�.l�le monthly in advance. Pa.yrnents
rnust be received during normal warl�ng hours by� the due date. Rent shall be considered pa�t
due if Lessor h�s not received full payment 10 days after the date payment is due. Lessor will
assess a late penal#y charge of ten �ercent (10°/n) per month an top of th� entire month's rent for
each mon#h �or which rent is past due.
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sECTTo�r �.
(a) Lessee has this day deposited with Lessor the additional sum af ($0.00) receipt of
which is acknowisdged by Lessor, as security �or the full and faithful
performance by Lessee o� ihe terms, conditions, and covenants af this lease on
Lessee's part to be perfarm��d and kep�. This deposs� does a�ot con�titute advance
payment of the final rental payme�nt due under this Iease, uziless the express
conditions specified 1�erein are met. 1�T4 DEFOSTT R�QiTIRED UR
COLLECTED
�ECTi41�i� 6.
Lessee shall be respansible for the paym�nt of all utilities. Lessee must pa3► prompt�y as
�iEy became due aIl charges for the firrnishing o� wa,ter, electricity, gaarbage seivice, and other
public utiiities to the leased premises during ihe term of this lease.
�ECITOF�T 7.
Lessee sha11 pay prvmptly all t�xes, znonthly charges, assessments andlor levies of any
nature or character whatsoever which may ��e lawfuily assessed, t�xed, levied a:r made against
the leasehold es�ate hereby created andlor any improvements or persana� property located an �he
Leased Premises.
�ECT'IUN �.
The Leased Premises shall be used solely and �clusively %r private residential purposes
far Lessee and their immediate �amily.
�ECTI41�' 9.
Lessor shall be entitled io institute proceedings to evict Lessee fram the premises, at any
time tha.t Lessee is in defauIt under this �eas� or holc#.s over after the expiratio� a£ the lease term
or any successive ranewal terms, and Lessee he�reb� specifically waives �.ny rights it may hav� to
the follvwing:
l. Notice by Lessor of termination of the tenancy;
�. Any aatice to vacate ar quit the premises as specified in the Texas Property Code,
Sec�on 24.045 (a); and
3. A.ny other notices required by la,w.
SECTiUI� 14.
In th� event the Lease ia terminated for any re�sQn nr Lessee abandons or is evicted fram
tUe premis�s, Lessor shall not be responsible %r any r�a1 or persona.� prapert�r af L�ssee
F�
rernaining on the premises at the time of said evictian, aband�nment or termination, and said rea.l
or personal property shall be dee�ned abandoned by Lessee if it remains on tlz� premises at any
time subsequent to the termination af Less�e's lawfiil possession �of the premises.
SECTIOl� 11.
This lease does nat give Lessee any right to use, mine, lease ar otherwise derive any
benefit from any oil, gas, coal, gravel, minerals or deposits of at�y type or nature, and title io a�l
of said suhstances sh�ll remain in Lessor, ex�ept as reserved in t�ie Wananty Deed dated October
�, 200�, and recorded in Volume 16042, Pa�e 01�3, of the Deed Records of Tarrant County,
Texas. In addition, Lessee shall not have any right ar claim ta any damages or other monetary
compensation for or re�ated �a a�y surface damage resultin� from mining, drilling or other
operations relaied to tlae removal of utilization of any such substances.
�ECTIUI� 1�.
Les�ee shall camply with all ap�licable laws and regulations prevailing in the jurisdiction
in which t�Ze Leased Premises are located, including but nc�t iimi�ed to federal, state, 1oca1 laws
and the City axdinances, rules, re,gulations and specificatians.
SECTiOl,T 13.
Lessee shall not commit nar allow any wasie to be cammitted on the Leased Premises,
nor shall Lessee maintain, commit or permit the maintenance or commission of any nuisance on
the Leased Premises nor use t1�e Leased PremiseS for any unlawiul puipose.
�ECTIORT I�.
Lessee agrees that Lessee wi11 maintain �he Leased Premises and ke�p same in gaod
re�ai.r at Lessee's sole cc�st and expense. All maintenance, repair and u�keep of the Leased
Premises sh�ll b� in accardance with a11 applicable laws including City ardinances, rules,
regu�ations, and specifications.
�ECTIOI�T 15.
Lessee hereby re�resents that Lessee takes the Leased Premises in its present condition
and the Leas�d Premises are suxtable for the purposes specif ed l�erein. Less�e hereby waives the
right to terminate this lease or su� far darnages or pursue any a#her remedy against Lessor based
an any patent or latent defects in, ta or on the prernises.
SECTIUliT 16.
Lessee sha11 not construct any improvements or structures on the premises withoui the
�rior written consent af Lessar, and all improvements constn�cted on the prernises shall be
constructed at Less�e's sole e�ense. Lessee must maintain and protect aIl improvements,
3
structures, Fences or appurtenances existing on the Leased Pxemises. Lessee covenants �nd
ag�rees that Lessee shall not be entitled to any reimbursement far the cost or value of said
improvemsnts, s�ructures, fences ar appurtenances. In ad�.ition, on ar be%re th� termination date
of this lease, Lessee si�all be responsible for removing any reat or persanal property owned or
otherwise belonging to L�sses and not deemed to be the property of Lessar. The removal of all
real and personal prop�rty of Lessee shal� be accornplish�d sol�ly thurough Lessee's a#'forts and in.
remaving any af Lessee's real or personal property from �he Leased Premises subs�quent to the
termination af this lease, The Leased Premises sha�l be deemed to have baen abandot�ed by
Lessee i� Lesse� da�s nat use and occupy said premisEs in accordance with tk�e purpases of this
lease term or any successive renewa� period. 'This lease shall b� terminated upon the
abandonment o�t�e Leased Premises withaut notic� to Lessee.
SECTI(�1�T 1�'.
With respect to canditions that materially affeGt the physical health dr safety of an
ordinary tenant, Lessor will malce a diligent effort ta repair or remedy the conditian if Lessee
s�ecifies the condition in a notic� ta th� Real Property M�.na�eman.t affice, City of Fort Worth,
927 Tayior Street, Fart VLTortk�, Texa,s 7610�, or Lessor may notify Lessee that the lease s�aall be
terminated. Lessor is not rec�uired ta repair or remedy �uch condition if L�ssee is delinque�at in
the payment afrent at the �ime of giving natice o£the conditian, other than normal wear and tear,
was caused durin� the lease term by Less�e or Lessee's farnily or guest.
�ECTIORT 18.
Lessor and Lessee agree that Lesaee will repaiir or rentedy' any of the follawing
conditions that oecur during the lease term or a re�ewal or egtension of the term �ravided
the conditi�n is not caused by the Lessor's negligenc�, such repairs and remedres to be
made at the Lessee's e�cpense; 1} d�magc fram wastewater stoppages c�used by fore��n or
improper objec#s in li�es that exclusively serve the Le�see's dwellin�; �) dam�ge to doors,
wi�dows, or screen$; �nd 3} dam�ge from windows or doors l�ft ap�n. Th�s provisxon
caQstitutes a wa�ver of t�e Lessor's st�tutory duty to repair or remedy such conditions
under 3uhehapter B, Chapter 92 of the Te�as Property Cade. This waiver is made
knowingly, valuntarily, and for consider�tion, receipt of which is acicnowled�ed.
SECTIOIlT 19.
]��+ �����LY ��1�1 1 L� JJ
�ECTro� �o.
LE�SEE 'V�JAIVE� T"HE RIGHT� �1lTD REIi�CDIES SET FORT$ Il1T �ECTIORT
92.25� OF THE PROPERTY CODE REGARDIl�TG LE��OR'� �TATUT�RY DUTY TO
Il�TSPECT AND REPAIR any �OKE DETECTOR II�STALLED Ili THE D�ELLIl�TG.
0
Lessee agrees to inspect the smoke detectnr insta�led in the premises at the beginning of
Lessee's possession and at regulas� intervals of t1u-ee {3) months tl�ereafter to determine that it is
in good working nrder. Lessee must bear the cast of repai�in� the smoke detector.
SECTIOI�T �1..
Lessee shall not assign or sublet �his lease without the prior written� appr�val of Lessor,
and any suc� unauthorized assignment or sublease shall constitute a breach o�ihis lease.
�ECTIOl�T ��.
Lesspr shall have the ri�ht io terminate this lease at any time far any reasan unrelated to
Lessee's deiault oz breach of any of the t�rms expressed herrein by giving Lessee thirty (30} days
written notice pnor to the intended termi�ation date. Lessor may terminate the lease
immediate�y upon any defauIt or breach of any of the provisibns hereur�c�er without any prior
notice to Lessee. Said noticea shall be deemed effective as of the date they are mailed. If Lessee
elects to terminate the 1eas� because o� any atleged default �r breach by Lessor or ar�y lease
provisions, Lessee shall be required ta give Lessor immediate notice af said intention in writang
stating specifically the reasons therefor and allowing Lessor thirty (34) days after tha dat� of
Lessor's receipt of such notice to cure any or all default(s) ar breach(es} specified in said notice.
If the specifed default{s) or breach{es) of Le�sor are cured within said thiriy (30} day p�riod,
Lessee sha.11 be deemed ta have waived said specif�ed d�fault{s) or breach(es}, and this lease
s�all cantinue to be e#�ective �nless terminated pucsuant to some ather pravisions specified
herein ar by virtue of same subsequent uncured default or breach of Lessor, in which ca�se L�ssor
shall be entitled to any additional notice period requi�ed hy the terms of tltis l�ase.
I£ tlais lease is t�rminated under this Section, or as a result of �he expuatian o� the lease
term or any renewal period, neithe�r party sha11 have any £urther obligatian or liability to the other
under this lease, except that Lessee sha�l be liable for the breach� of any term, covenant or
candition contained in this 1�ase occurri�ng priar to the date of the surre�der of the premises by
Lessee pursuant ta tlie termination. Lessee sha11 be bound by the terms, covenants and
eonditions expressed herein until Lessee surrenders the premises regardless of whether the date
of surrender coincides with the date of t�rmination af the lease. The waiver by Lessar of any
default or breach of � term, covenant or condition of tbis �ease shall not ba deemed to be a waiver
of a�y ather breach of tha� term, covenant or canditian or of any other term, cavenant or
co�nditian of this 1�ase, regardless nf when the breach occ�ured. Further waiver by Lessor of any
default or breach of a term, covenant or condition of this lease shall in no way impair the right of
the Lessor ta ava.il itself of any remedy for any subsequent breach thereof.
�EC'I'Y011T �3.
Lessor reserves the right to enter upon #he Leased Premises at a.l1 reasonable times for the
purpose of inspecting the premises or othervvise using tt�e premises, pravid�d that any such entry
daes not conflict with Lessee's righ�s l�ereunder.
S
SECTIOI� 24.
Lessee covenants and �grees to rele�se, indemnify hold harmless and defend Lessoe�,
its officers, agents, servants and employees, from and against any and aIl c�aims or suits for
property damage, personal injney, or any other typ� of lo�s or adver�e consequence related
in any way to the e�isterice of th�s �ease or the ase or occupancy of the Leased Prem�ses,
re��rdless of whether t�e act of omissian compl�ined of �esults from the �lleged ne�ligence
or any other act or omission of Lessor, Lessee or any third Party.
�ECTIOI�T 25.
it is hereby agreed that Lessee wilI provide Lessor w:tt� a certific�te o� insurance
documenting liability insura.nce at a minimum limit of $300,040 each accun-ence as res�ects th�
property and premises adciress�d herein. The effec�ive date of insurance coverage shall be
cornmensurate with the term vf the lease. Lessar sha,ii be endoraed as a.n addi#ional insured in the
certifica�e. The insurer af Lessee's liability insurance sh�.11 be acceptable to the Lessor insafax as
the campany's �inancial strength and solvency. The policy providing liability insurance shall be
�ndorsed to provide Lessor with a minimum thirty (30) day notice of c�.ncellation, non-renewal
or material change in caverage. Lessar's insurance rec�uirements may be revised at Lessor's
op�ian, and Lessee shall respond accardinglq within thirty (30) days of Lessee's receipt of a
written notice of such requireme�t. Any failure on part af Lessor ia requsst certificatian of
insurance required herein sha11 not b� canstrued as a waive�r o£ such r�quirement.
SECTI(?l� 26.
All no�ces required hereunder shall be sent io lessor at the foilowing address:
Real Property Management
City of Fort Worth
92i Taylor
Fort'VLTorth, Te�a� 76102
All natic�s ofLessee shall be sent to the following address:�
Street or Box No. 14Q4 Westport Parkway,
City, State, �ip Fort Wvrtb,, 7b 177
Mailic�g oi all notices pursuant to this Section shall be deemed sufficient if maailed
postage prepaid and addressed as specified above, uniess either p�.rty has been notified �n writing
of any �ha,nge in the other party's addr�ss. All time periods related to.any notice requirements
specified in this lease sha,ll commence either on the date natice is mailed or on the date notice is
arecei�ed by the party ta whorn it is sen�, depending on the terms specified in the Section
requiring notice.
C�
�ECTIOI� 2�.
Lessee h�reby agrees that the speeific use of Leased Premises is for residential purposes
only. Lessee furt�er agrees that Lessee will not conduct any co�nmercial use at the Leased
Premises, without prior writien approva� a�Lsssor, and any unauthoaized commercial use shail
constitute a breach ofthis lease. ,
SECTIaI� �S.
This lease shall constitute the entire agreement of the parties of this lease and shall
supea'sede any prior agreements of said parties, either oral or written, pertaining to #he subject
mat�er specifie� herein.
�ECTIORT 29.
This lsase �nd the relationship created here�y shali be go�erned by t�e laws of the State
of Texas. Venue far any action brought to interpret or enforce the terms of this lease or far any
breach of this lease shall be in Tarrant County, Texas.
SECTIQi�T 3d.
This le�se sha11 be binding on the heirs, successors and lawful assignees or sublessees o£
Lessee and the successors or Lessor. Any person or entity usin.g or occupying the Leased
�remises without a lawfuf assignment or sublease shall be subject to all the respnnsibilities and
liabili�ies of Lessee set forth hereunder and shall be subject �o all the provisions regarding
termir�ation and eviction set Forth herein. Any such person or entity sha11 b� deemed to be an
agent or representativa af Lessee and shall be deemed ta �ave notice of the terms, covenants, and
conditions of this lease.
�ECTIORT 31.
The term "Lessee" as used herein shall also include the agents, representative,
employees, invitees and �icensees af Lessee. ._ _
SIGNED this .�T day of ��--�! �-.��, �N�-�?i , 200�
APP V TO FORI'V� ARiD LEGALiTY:
A`ssistant City Attorney
Le�see{s): � �,� 2
Je L. Re olds o
��6�ST�� �1�
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crrY oF FORT wo
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� istant City anager
/' �� �� �/��-
Ann Reynalds�
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City of �o�-t 'i�o�th, �'exas
�y�� ��d �����i� ����������;��
DATE R�FERENCE I�fUMBER LOG NAME PAG�
2111/03 *��-1 ��Q� � 3QWESTPORT � of 2
suB��cT AUTHORIZE LEASE AGREEMENT W1TH JERRY L. AN.D LOU ANN REYN4LDS FOR
C1TY-OWNED PROPERTY LQCATED AT 1404 WESTPORT PARKWAY, HASLET, TEXAS
(DOE 3531)
RECOMMENDATION:
it is recommended that ihe City Council:
Au#horize the City Manager to execuie a lease agreement with Jerry L.. and Lou Ann Reynolcis for
Gity-ow�ed property located at 14Q4 Westport Parkway, Haslet, Texas for $500 per rnonth; and
2. Aufhorize this agreement to begin January 1, 2003, and expire June 30, 2003, with the provision
that the Gity or the tenant may terminate the lease agreement with 30 days written ad�ance notice.
DISCUS510N:
Dn August 27, 2002 (M&C L-13390), the City Council authorized the purci�ase afi the property located
within the 65-decibel LDN (day-night sound fevel) to facil�tate noEse mitigation at Fort VVorth Alliance
Airport. The property was acquired from Jerry L. and Lou Ann Reynoids and #hey continue to occupy
the property as tenants while a replacement dweliing is being constructed.
Based on Federal A�iation Administration regulations, the t�isplac�e has three months after closing on
the purchase of tY�eir property to remain on the �raperty rent free, after which they may remain far an
adc�itional 1�Q days at the current market renta� rate.
It is recommended that the property be leas�d to �lerry L. and Lou A�n Reynolds for the period January
1, 2003, to June 30, 2003.
The monthly lease amount of $500 was established based upon a rental sunrey, taking inta
consideration the location and conditio� of the existing impro�ements. After making adjustmen�s to the
rental comparab�es for location and amenities, staff determined that the fair mark�t rental for the subject
property is $500 per month. The func{s rece'tved from the rental of the propert� will be return�d to the
Grants Fund account and must be rein�ested in the noise mitigation program at Fort Worth A{liance
Airpork.
This property is located in Has�et, Texas, Mapsco 7T.
� C'ity of .I�o�t i�orth, �"exas
�y�� ���r ������� �������������
DATE RE�'ERENCE NUMBER I_.OG I�lAME PAGE
2111103 **�,�� ��Q� 30WESTPORT 2 of 2
sUB��c� AUTHORIZE LEfISE AGREEMENT WITH JERRY L. AND LOU ANN REYNOLDS FOR
CITY-QWNED PROPERTY LOCATED AT 1404 WESTPORT PARKWAY, HASLET, TEXAS
(DOE 3�31 }
�ISCAL INFORMATION/CERTIFlCATION:
The Finance ❑irector certifies that ihe Engineering Departmenfi, Real Property Services Divis�on is
responsible for the collection of funds due #o the City under this agreement.
►i�3
SubmiEted for City Manager's
Ofiice by:
8476
I � I AccovNr �
� (to)
� GR14 45'113Q
CENTER I �MOUNT
05521$722000 $3,OOO.QO
Marc Ott
Originxting Department Head:
Uauglas Rademaker
Additional Information Contact:
6157 � {from)
GITY SECRETARY
APPROVED 2/11/03
Douglas Raderaaker 6157