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Home My WebLink AboutContract 28497LEASE AGREEli�IENT sT�� oF TE�s COUNTY OF TARRANT � �!`�Y �� CC�N��A�� e,� �, _� s � � This lease a eement Lea � gr ( se) is made and entered into this, t}te day of '`��J , 20(}3, the eifecti�ve data hereo�, at Fort Worth, Texas by and beiween Osteopathic �Iea�th System of Texas (Lessor}, and the City of Fart Worth, a municipaY corporataan, acting by and through its duly autho�rized representative Libby Watson (Lessee). The tcrm "Lessor" shall include the agents, represcntatives, employees, and contractors of Lessor. The te�n "Lessee" shall include the agents, representatives, and employees of Lessee. SECTIOI� 1. Leased Premises. For and in consideration af fihe rental �ayments ta be paid under this I.ease, Lessor leases to Lessee and Lessee Leases from r.essor: Office Space of appraxirnately 100 square feet, located at 3514 E. B�rry Street, Fort Worth, Texas, 76119. The office space, together with any and all structut�es, improvemer�ts, fixtures and appurtenances thereon, thereunder or ov�er, shall be referred ta as the Leased Premises. SECTION Z. Use of premfses._The leased premises shall be used as office space for the Fort Worth Police Departmeni, incIuding off-duty police officers. SECTIQN 3. Term and_Rent. . This Lease shall he far a period of one y�ar commencin� on March 1, 2003, and terminatang on February 29, 20D�, unless a priar termination is effeeted by ei�her Lessor or Lessee undcr the terrnination provisions af this Lease. Lessee sha]1 pay Lessor annual rent of $1A0, the receipt and suFficiency of which is hereby acknowledged. This L.ease may be automatically renewed for successive terms af 12 months each for up to a maxirnurn of two successive terms, subject to the ternainat�on provisions af tl�is Lease. The terms af this Lease shall continue to gavern and cantrol the relationship of the parties during any renawal periods. SECTIOliT 4. Taxes, Insurance. Uti�ities, Care oi the Leased Premises. Lessor agrees to be responsibie for the paym�nt of all electricity, natural gas, water, telephone, and any other utility charges that come due and payabie during the term Lessee occupies the Leased Premises. I.�ssor agrees to pay all taxes and insurance as they come dua. �.essor shall keep the Leas�d Premu.ses in good, clean and habitabl�: condition, normal wear and tear excepted. I.essor shall maintain in goad repair the raaf, foundation, exterior walls and doors, heating, air conditioning, electrical and piumbing, and interior painting ar other treatment af interior wa11s of the Leased Prernises. Lessee agrees to give Lessor wxit�en notice af defects ar need %r repairs in the City of Fort Warih Lease Page 1 ,�JIr� u�U�;]I� ��I�I�U�{fJ � G0� �� " �o t,.�`.c�yG��'�(�� roof, foundation, exterior walls and doors, heating, air conditioning, electrical, and plumbing of the Lease�l Prernis�s. If any repairs required to be made by Lessor are not commenced or made within seven calendar days after rx�ritten notice is delivered to Lessor by Lessee, Lessee may terminate the Lease. SECTION �. Insurance. Lessor agrees to insure the structure and prernises of 3514 E. Berry Street, Fort Worth, Tarrant County, Texas. Such insurance sha11 pxovide protection for liability, fire and casualty, and properky darnage for the property owned by the Lessor, situated at, and including, the Leased Premises. Verifzcation of this coverage shall be provided ta Lessee prior to the execution of this cantract. Lessee assumes no liability or financial obligation for the acquisition or maintenanc.e of such insurance; aIl costs sncurred during the course of insuring the premises shall b� borne solely by the Lessor, Lessee ag�rees to provide Lessor with proof of seif insurance. SECTION 6. Liabilitv and Hold Harmles�. Lessor cavenants and agrees to release, indemnify, hald harmless and defend Lessee, its officers, agents, servants, and employces, frorn and against any and all claims or suits for proparty damage, personal injury, or any other type of loss or adr�e�rse consequence related in any way to defects in the Leased Premises. SECTION i. Fixtures . J�essor herein agrees th.at no praperty or equipment, owned or insfalled by Lessee, or any representative oi Lesse�, shall, under any circumstances, becamc a fixtuxe, and that Lesse� shall resen�e the right to rernove any and all such property or equipment at any time during Che term af this lease, or subsequent to its terrnination by either party. L�ssor further agrees that shelhe will, at no time, hold ox' r�tain, any praperty owned or installed by Lessee, for any reason whatsoever. SECTION 8. Termination and Right of Inspection . Lessor shall hava the right to te:rminatc: this Lease at any time for any reason unrelated to Lessee's default or breach af any of the terms expressed herein by giving Lessee 3Q days' written notice prior to the intended terminatian date. The notice sha11 be deemed effective when deposited by Lessor in United States mail postage prepaid, certified mail, return receipt requested, addressed to Lessee. Lessee shall ha�e the right to terminate this Lease at any time �or any reason unrelated to Lessor's default or breach of any of the terms expressed herein by giving Lessor 30 days' written notice priar ta the intended termination date. The notice shall be deemed effective �vhen deposited by Lessee in the United States mail, postage prepaid, certified rnail, retum x'eceipt requested, addressed to Lessor. If Lessee elects to ierminate the Lease because of an� alle�ed default ar breach by Lessor of any Lease provisions, Lessee shall be requrt'ed to give Lessor irnmediate notice irt writing of that intention stating specifically the reasons therefor and allowing Lessor s�ven calendar days after the date of Lessar's rec�ipt of the �otice to cure any or alI defaults(s) or breach(es) specified in the notice. Tf tt�e specified defaults ar breach(�s} of Lessor are not cured to the satisfaction of I.essee's Administratox af R�al Property Management, the Lease will be terminated. Tf this Lease is terrninated under this section, or as a result of the expiration of the I.ease term or any renewaI period, neither party shaZl have any further abligation or liability to the other under this I.ease, except that Lessor and Lessee shall be liable for the breach of term covenant or condition City of Fort Worth Lease Page 2 �� 'i�'�U�MV' �r---�ti';Sif • �� conYained in this Lease occurring prior to the dat� of the surrender of the Leased Prernises by Lessee pursuant ta the termination. Lessor and Lessee shall bc bound by the terms, co�enants and conditions expressed herein until Lessee su:r�renders the Leased Premises, regardless oi whether �the date of surrender eaincides wit� the date of termination of the Lease. Lessor reserves the right to enter upon the Premises at all r�asonable times for the purpose af inspecting the Leased Premises, provided that such entry does not canflict with Lessee's rights hereunder, SECTION 9. Funding, NanoAnpronriation and Termination. This lease shall terminate in the .--- --- -- _. .... ._....------- — event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any abligation of Lessee hereundex. Termination shall lae effective as of the last day of the fiscal period for which sufficient funds were appropriated or upon expenditure of alI appropriated �unds, whichever cames first. Termina�ion pursuant to this non-apprapriation clause shall be without further penalty ar expense to either parky. SECT�ON 10. Surrender oi Lease� Premises. Upon the termination nf tlus Leas� far any reasan whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as th� Leased Premises were in upon delivery af possession under the Lease, reasonable wear and tear excepted. T.essee also shall surrender all k�ys for the Leased Prezxaises 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 t�e L�ased Premises. Lessee shall remove all its furniture and equipment on or befor� the terminativn of the Lease; and Lessee sha11 be responsible for repairing any damage to the Leased Premises caused by the remaval of furniture and equipmenC. SECTYON 11. Governmental Re�'ulations. I.essee agrees to corriply fully with all applicable Federal, state, and municipal laws, statutes, oz'dinances, codes, or regulations in connectian with use of the L�asad Premises. Provided, however, Lessor (i) shall make a11 improvements necessary to make the Leased Premises comply with the Americans With Disabilities Act of 199Q ("ADA"), 42 U.S.C. § 12101 et se ., shall fiilly indem�ify and hold harnnless Lessee fram and agafnst any and all claims, Iosses, darnages, saits, and liabili�y of every kind, including all expenses of litigation, arising ou� of or in connection with the Leased Premises' compliance, or lack of compliance, with ADA, and (ii) sha11 make all impravements necessary ta correcC and/ ar abate all environmental hazards af t%e Leased Premises. SECTION ].2. Accentanee of Leased Premises , Lessee represents that it takes thc; Leased Premises in good conditian and that the Leased Prrernises are suitable for the purposes far which they are being leased. SECTION 13. Assignm�nt. Lessee shall not assign or sublet this Lease without the priar vwritten approvaT of Lessor. LTpon issuance of such approval, this Lease shall be binding on the successors, and lawful assignees of Lessor and the successors of Lessee, as pernutted by the ierms of this agreement and by the laws of the State of Texas and the United States. Any person or entity nsing or occupying the Leased Premises withaut a lawful assignment or sublease sh.all be subject to all ti�e responsibilitias arid liabilities of Lessee and shall be subject to all provisions regaxding termination and evzction. J��U��u _ .�. �. Caty of Fort Worth Lease Page 3 ��jl� (� r,�R�p� �,4711 �p}�f . €IWw , �` n SECTIOI�I 14. Police Protec�ion. Lessor agrees and understands that Lessee in no way promises ta provide increased police pratectian or rnare rapid emergency respanse time because of this Lease. No special relationship shall exist between Lessor or Lessee atkser than that of landlord and tenant. Lessee shall provide no greater police protection to I.essor than is pz'ovided to all other residents and businesses of the City of Fort Worth. �ECTIOIii 1�. Notices. Notices required to be made under this agreement sha11 be sent to the following persons at tY�e fallowing addresses, provided, Y�owever, that each party reserves the right ta change its designated person far natice, upon wrikten notice to t�e other party of such change: All noYices to Lessor shall be sent to: Director af Clinic �perations Osteapathic Health SysCems af Texas 3715 Camp Bowie Boulevard Fort Worth, Texas 76107 All notic�s to Lessee shall be sent ta: Fort Worth Police Department Administrator, Fiscal and Equiprnent Management 35a West Belknap Street Fort Worth, Texas 7610� As well as ta: Administratar, Real Praperty Management City of Fort Warth 927 Taylor Street Fort Worth, Texas 76102 Al1 time periods rejated to any notice requirements specified in the Lease sha11 commence upon the �erms specifi�d in the section requirirag� the notice. SECTION 16. Entire A�reement . This Lease shall constitute tt�e entire agreement of tY�e Lessor and Lessee, and shall supersede any prior agreemenCs, either oral or written, pertaining to the Leased Premises. SECTION 17. Waivers . One or more waivers af any covenant, term, or conditian of the Lease by either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, term, or conditian. The consent ar approval by ei�ez' Lessor or Lessee ta or of any act by the other party requiring such c4nseni or approval shall not be deemed a waiv�r or render unneces5ary consent to or appro�al of any subs�quent ssmiIar act. . ��^.�lIV`L7 P�l��'c City of Fort Worth Lease Page 4 q ��{^�p��]� U1 �i ,��^:' SECTION 1�. Venue. This lease and the re�ationship created hereby shall be governed by the Iaws of �he State of Texas. Venua for any ac�ion braught to interpret or enforce the terms of the Lease or for any breach shall be in Tarrant County, Texas. 1 LU r . SIGIV�D this � day of � _-�� J , 2003. � �J LESSOR: OSTEOPATHIC HEALTH SYSTEM OF TEX�S By: �, �� , r� � J � Name: � Y . �,��. �. Titie: - - —. LE,�fiEE: CITY OF F��T WORTH - � � , -- � - By: ', ` � L"bi�'y Watsanr�ssistant City Manager A'1"'�'�ST: - . . ��`' . � �' _ ► "� •ity Secret� �- ---� . - w� o � �rt n � � .1 � �� (� � �. � � { � '� N � f'F h� , � �i � � � APPROV�ED AS TO FORM A�TD LEG'ALIT i: - �' , --- = Assistant City Attorney City of Fort Worth Lectse Pa,ge 5 � ��'nl� �s'I�'�U�°�U r r�� :�� n5� R,�r^,rs��.S! ,��M STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authoriiy, a Notary Public in and for the State of Texas, an this day persanally appeared �_ �. - � , lct�own to me �o be the same person whose name is subscribed to tne foregoing instrument, and acknowledged to me that the same was the act of :"�.� �1 �-�- .- .�..� �-�_ and that helshe executed �he same as the act of said _ " �. . � i;'< .�' .. .�' '�•� ". -- _��_��or the purposes and cansideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this — „ ,,; , . .._._.—W.�...------�.._ F� '`�1191f1I�'+`. �.,. 'i : `'IQQY P{�@ . ,o,• ,�: SALLYH.VENATOR ` �� Notsry 7ublic. 5tate ot Texas :, ;�rF�Fs;�k�,� ��v �c�mmission Expi�es i 1-18-Qq ��rn e+�`� :va �rr�-t�:�r-�s.��u. , za_� „ , " day of Notary �'ubli� and for the State of Texas City of Fort Worth Lease Page 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned autharity, a Notary Public in and for tbe State of Texas, on this day personally appeared Libby aVatsora,lcnown to me to be the same person whose name is subscribed to the foregaing instrument, and acknowledged ta rne that the same was the act of Libby Watson and that she executed the same as the act of said City o�E Fort Worth for the purposes and consideration the:rein expressed and i� the �apacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this �� o��'Yp�.� R05�LLABARNES 2� �° NOTARY Pt1BLIC �� ta4e of texas '.r�� Comm. E�. 03-31-2fl05 �....—..�, .,�-, ,, .—„�.o�.a .:a , , �a �.� _ . i��. /� �� `� day of Notary Public in and for the State of Texas City of Fort Worth Lease Page 7 City o, f �'o�t �arth, Texas Ma�or �� ,c�� . �o��r��on DAT� REFERENCE NUMBER LOG NAME PAGE 3118103 *'�L�13�20 3�HEALTH 1 of 1 SUBJECT EXECUTION OF LEASE AGREEMENT WITH OSTEOPATHIC HEALTH SYSTEM OF TEXAS FOR OFF'ICE SPACE LOCATED AT 3514 EAST BERRY STREET FOR THE POLICE DEPARTMENT RECOMMENDATION: It is recommended that the City Councif� 1. Authorize the City Manager to execute a lease agreement with Osteopaihic Health System of Texas for appraximately 100 square feet of offiice space located at 35�4 East Berry Street, at a cost of $1.00 per year; and 2. Autharize the agreement to begin March 1, 2003, and expire February 29, 2QQ4, with two 12-month r�newa[ opfions. DISCUSSION: The Engineering Depar�m�nt, Real Property Services Divjsion, at �he request of the Police Department, has n�gatiated the lease of office s�ace to be used as a palice storefiront. The lease term is for one year, with twa 12-month options to renew. Ther� is a rental charge of $1.00 per year fior #he space. The fandlard is responsible for all utility paymen�s, including telephone service. RENEWAL OPTIONS - This agreement may b� renewed for up to two successive one-year terms at the City's optior�. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligativns during the renewal term. FISCAL INFORMATIONICERTIFICATION. The Finance Director cerkifies that funds are available in the current operating budget, as apprapriated, of the Crime Confrol and Preven�ion District Fund. LW:k Su6mitted for City M�nager's Office by: Libby Watson Originating Depflrtment Nead: Ralph Mendaza I FUND I ACCOUI�'I' I � {fo) � 6183 48386 I (from} I GR79 I 539120 I GEI�TER 03595D1 I AMOUNT ��.00 CITY SECR�TARY APPROVEL� 311$ID3 Additional Information Contact: C`ity o��'ort Y8'o��hp �Texas i��yo� ��d �o�.�� o��.�on �A7E REFERENCE NUMBER LOG NAM� 3118/�3 ��L�13�20 35HEALTH PAGE 2 of 1 SUBJECT EXECUTION OF LEASE AGREEMENT WITH OSTEOPATHIC HEALTH SYSTEM O�' TEXAS FOR O�FICE SPACE LOCATED AT 3514 EAST BERRY STREET FOR THE POLICE DEPARTMENT Ralph Mendoza 48386