HomeMy WebLinkAboutContract 285111
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LEASE AGREEIViE�T ���
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the day of ��
20�3, the effective date her�of, at Fort Worth, Texas by and between the Fart Warth Hausing
Authoriiy (I.essor}, and the City of Fort Worth, a municipal corporation, acting by and thirough its
duly autharized representative LiUby Wakson (Lessee). The term "Lessor" s�all include the agents,
representaYives, employees, and contracto�s of Lessor. The terrn "Lessee" shall include t�e agents,
representatives, and employees of Lessee.
SEGTIdN 1. Leased Premi�es. For and in consideration of the rental payments ta be paid under
this Lease, Lessor leases to Lessee and I.essee Leases frvm Lessor:
Office Spaee of approximately 100 square fe�t, Iocated at 1607 Chambers, Fort Worth, Texas,
76102.
T'lze office space, tagether wsth any and a11 structuxes, improvements, fixtures and
appurtenances thereon, ther�under or a�er, shaIl be referred to as the Leased Premises.
SECTION �. Use af nremises. The leased premises shaI1 i�e.used�as flffice space for the Fart Worth
PoIice Departrnent, including off duty police afficers.
SECTION 3. Term and Rent. Tnis lease shail be for a period of one year cammencing on March
1, 2003 and terminating on February 29, 200�4, unless a prior terminatian is effected by either Lessor
ar I.essee under the ter��a�on provisions af this Lease. Lessee shall pay Lessor annu�l rent of
$1.OQ, the receipt and sufficiency af which is hereby acknowledged.
This Lease may be automatically renewed foz successi�e terms of 12 mflnths each for up to a
maximum of two successive terms, subject to the termination .provisians o� this L.ease. The terms of
this Lease shalI continue to govem and control the relationship of the parties during any renewai
periods.
SECTION 4. Taxes. Insurance, UtiIities. Care of the Leased Pxemises. T_,essor agr�es to 6a
responsible for the payment of all electricity, natural gas, water, telephone, and any oiher 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. Lessar shaIl keep the Leased Prernises in
gaod, clean and habitable condition, normal �vear and tear excepted.
Lessor sha�l maintain in good repair the roofr, foundaiion, exterior walls, �eaiing, air
conditioning, electrical, plumbing, and interior painting or other treatmenf of interiar walls of the
Leased Premises. Lessee agrees to give Lessor written notice af defects or._need_�r repairs in the
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roof, foundatian, e�terior wa�ls, hea�ing, air eonditioning, electrical, and plumbing of the Leased
Premises. i� any repairs required to be made by Lessor are not commenced or made within seven
calendar days after written natiee is delivered ta Lessor by Lessee, Lessee may terminate the Lease,
SECTION Se Znsurance. Lessor a�rees ta insure the structure and premises af 160? Chambers, Fort
Worth, Tarrant County, Texas i6102. Such insurance shall provide prateciion for liability, fire and
casualty, and property damage for th� prc3perty owned by the Lessor, situated at, and including, the
Leased Premises. Ve�ificatian of this coverage shall be pravidad to Lessee priaar to the execution of
ihis contract. Lessee assumes no liability or financial obligatian for the acquisition or rnaintenance of
such insuranee; all casts incurred during the course af insuring the prernxses shall be borne solely by
the Lessor,
SECTION 6. L�abititv and Hold Harmless. Lessar covenar�ts and agrees to release, indemnify,
hold harmless and defend Lessee, its officers, agents, servants, and employees, from and against any
and all claims ar suits foz praperty damage, persa�al injury, or any ather type of Ioss or adverse
consequence related in any way to the existence o� this lease or the use or occupancy of the Leased
Premises, regard�ess af whet�er the aet or omissXon coinplained of results from the alleged negligenee
or any other act or arnission of Lessor, Lessee, ar a�y third party,
S�CTION `�. F,�xtures . Lessor herein agrees that na property or equipment, awned or installed by
I.essee, or any representative oi Lessee, sha11, under an� circumstances, become a fixture, and that
Lessee shalj reserve the right to remav� any and alI such praperty or equiprnent at any time during the
term af this lease, ar subsequent to its terrnination by either party. Lessar further �grees that shelhe
will, at �o time, hold or retain, any property owned �r installed by Lessee, far any reason whatsoever.
SECTIOliT 8. Termination and Ri�ht of Insuection . Lessor shall have the right to terminate this
Lease at any time for any reason unrelated to Lessee's default or breach af �ny of t�e terms ex�ressed
herein by giving Les�ee 60 days' writCen natice prior to the inCended ter�ination date. The noNce
shall be deamed eifective when deposited by Lessor in United States mail postage prepaid, ceY-t�fied
rnail, return r�ceipt requ�sied, addressed to Lessee.
Lessee shall have the ri�ht ta terminate this Lease at any time far any reasan unrelated to
Lessar's default or breach of any oi the terms e�cpressed herein by giving Lessor 3Q days' written
noiice prior to the intended termination dat�. The no�ice shall be deemed effective when depasited by
LeSsee in the United States mail, postage prepaid, ce�tiiied mail, return receipt requested, addr�;ssed ta
Lessor.
If �.essee eleets to terminate the Lease because of any alleged default ar breach l�y Lessor of
any Lease provisions, Lessee shall be r�quired to givc; Lessor immediate natice in writing of that
intentian stating specifically the reasor�s therefor and allowing Lessor se�en calendar days after the
date of Lessor's receipt of the notice ta cure any ar a�� defaults(s} or breach(es) specffied in the natice,
If the specified defaults or breach{es) of Lessor are not cured to the satisfaction of Lessee's
At[ministrator of Real Property Management, the Lease will be terminated,
If this Lease is terminated under this section, or as a result af the expiration of the Lease t�rm
or any renewal period, neither party si�ail have a�y further obligation or liability to the other under
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this Lease, except that Lessor and Lessee shall be liai�le far the breach af term covez�ant or condition
cantained in this Lease occurring prior to the date of the surrender af �he Leased Premises hy Lessee
pursuant ta the termina�ion. I.essar and Lessee shall be bound by the terms, covenants and canditions
express�d herein until Lessee surrenders the Leased Premises, regardless of whether the date ai
surrender coincides with the date of ternunation af the Lease.
Lessar reserves the right to �nter upon fhe Premises aC all reasonable times for the purpose of
inspecting the Leased Fremises, provided tliaC �uch entry does not conflict wiCh I,essee's rights
hereunder,
SEGTION 9. Fundin�. Non�Annronriation and Tarmination. This lease shatl terminate in the
event that the governing body of Lessee shall fail to appropriate suificient funds to satisiy any
abligation of Lessee �ereunder. Terrninatian sha11 be effeciive as of the last day of the fiscal �eriod
for which sufficient funds were appropriated ar upon e�penditure of all appropriated funds, whichever
comes first. Termination pur�uant to this non-appropriation clause shall be withaut further penalty or
expense ta either party.
SECTIOliT 10. Surrender of Leased Premises. Upon the termination of this Lease for any reasan
whatsaev�r, Lessee shall surrender possessian oi the Leased Premises in the same condition as the
Leased Premises were in upon delivery of passession under the L�ase, reasanable wear and tear
excepted. Lessee atso shall surrender all ke�s far the Leased Premises to Lessor at the place then
fixed for the payment far rent and shall inform Lessar of a11 combi�aations on Iocks, safes, and vaults,
if any, on ihe Leased Premises. Lessee sha11 remove all its furniture and equipment an or before the
te�mination of the I.�a�e; and Lessee shall be responsible for repairing any damag� to the Leased
1'remises caused by the remo�+al oi furniture and equ�ipment.
SECTIOliT 11. Governmentai Regulatians. Lessee agrees to camply fully with alI applicable
Fedaral, state, and municipal 1aws, statutes, ardin�nees, codes, or regulatians in connection with use
af the Leased Premises. Pro�ided, however, Lessor (i) shall make all irnpro�ernents necessary to
rnak� the Leased Premises compiy with the Americans With Disabilities Act of 199d ("ADA"), 42
LJ.S.C. § 12101 et se ., shall fully indemriif� and hold harmisss Lessee from and against at►y and all
ciaima, losses, darnages, suits, and liability of every kind, including all expenses of litigation, arising
aut of or in connection with the Leased Px�mises' compliance, or lack of compliance, with�ADA, a�ld
(ii) shall make all improvements necessary ta correct andl ox abate all enviranmental hazards of the
Leased PrEmises.
SECTION 12. Accentance of Leased Premises . Lessee represents tk�at it takes the Leased
Premises in good candition and that the Leased Premises are suitabie for the puzposes far which they
are being leased.
SECTION 13. Assi�nment. LeSsee shall not assign or subl�t this T.ease without the prior written
appraval of Lessox. Upon issuance of such approval, ihis Lease shall be binding on the successors,
and lawful assignees of Lessor and the saccessors of Lessee, as permitted by the terms a� this
agreemeni and by the laws of the Stat� of Texas and ihe United States. Any person or entiiy using or
accupying the Leased Premises without a lawful assignment or sublease shall be subject to all the
1�'�'U'�.;�,:
City of Fort Worth Lease Page 3 r��V� �'L�,; �}`� � kIW�,1 �
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responsibilities and liabilities af Lessee and shall be subject to all provisions r�garding termination
and eviction.
SECTIOIV 1�. Pol'tce Prateetian, Lessar agrees and understands that Lessee in no way promises to
provide increased police prot�ction or rnore rapid emergency res�onse time because of this Lease. No
special relationship shall exist between Lessor ar I:essee other tha� that of landlord a.�d tenant.
Lessee shall provide no greater palice protectian to Lessor than is provided to all n�her residents and
businesses ai the City of Fart Worth. .
SECTIOI�T 15. Not�ces. NoCices required to be made under thi� agreement shall be sent to thc
following persans at the follawing addresses, provided, hawever, that each party reserves the right to
change xts designated person for notice, upan written natice to the ath�r party of such chang�:
A11 notices to Lessaar shall be sent ta:
Fort �Narth Housing Authority
1201 E. I3`�` 5treet '
Fart VVorth, Texas 76102
All noiices to Lessee shall be sent to:
Fart Worth Palice Department
Adininistrator, Fiscal and Equiprnent 1V�anagement
350 West Belknap 5tre�t
Fort Worth, Texas 761Q2
As well as ta:
Adrninistrator, Real Praperty Management
City o� Fort Worth
927 Taylor Str�et
Fart Worth, Texas 76102
All time pe�iods related to any notice requirements specified in t�.e I.�:ase shall commence �pon the
terms specified in the section requiring the notice.
�ECTION 1G. Entire Agreement_. This Lease shall constitute the entire agreernent of the Lessor
and I.essee, and shall supersede any prior agz�eeme�ts, either oral ar vvritten, pertaining to the I.�;ased
Premises.
SECTIQN 1'7. Waivers . One or more waivers of any cavenant, term, ar candition of the Lease by
either Lessor or Lessee shall not be canstrued as a waiver of a subs�que�t br�ach of �e same
City of Fort Worth Lease Page 4 '�4��•' +,��
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covenant, terrn, or condition. The consent or approval by either Lessar or Lessee to or bf any act by
the othe� party requiring such consent or approval shall not be deemed a waiv'er or render unnecessar}r
consenC to ar approval of ar�y subsequent sirrular act.
3ECTION 1�. Venue. This lease and the reIationship created hereb� sha11 be governed by the laws
of the State of Texas. Venue for any action braught ko interprei or enforce �he terms of the Lease or
for any breach shall be in Tarrant County, Texas. �
. �� �
SIGNED t�is � day af . 2D �� •
LESSOR: FORT WORTH HOUSING
AUTHORITY .
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B�: � =� :�.� ,:�.�;- ;� .. .
B arbara Holston, Executive Director
LESSEE: CITY QF FORT WORTH
B � ' =� �: _
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.�by Wa�rso�n, Assistant City Manager
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c��tr�cj� I�uthp�iz��ian
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AT 1"EST:
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City Secrr;tary .
APPROVED AS TO FORM AND LEGALITY:
Assi ant Ci Attorncy
City of Fart Warth Lease Page 5
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STATE OF TEXAS §
COLTNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Natary Public in and for the State of Texas,
on this day personally appeared � r !-ia�5��'l , known to rne to be the
same person whosa name is subscribed ta the foregoing instrument, and aclrnowledged io me that
the same was the act af �,,� �'(�, ��a�_��'� Ll and that helshe executed the �ame
as the act of said FBr� �b i`� _�iat.e�� n 0�� T'/ for the purposes and
cansideration therein expressed and in the capacity therein stated. �
GIVEN UNDER MY HAND �ND SEAL OF OFFICE thi� IC}�"h day of
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, 20 i�,. .
`�SIl1Y1e,�' ..i ....�,V - ..: - _ _ _ �
�'� EVA C. I(EY '.
°k' ''� MYCONlMlS510NEXPIRES
"�'�,�r,�°= au�ust 12, zaab �
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Na�ary Public in and for e State of Texas
City af Fort Worth Lease Page 6
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STATE OF TEXAS
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 io me to be the same persan whose name is
subscribed to fhe faregoing instrument, and a�knowledged to me that the same was the act of Libby
Watso� and that she executed Ehe same as the act of said City of Fart Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND �AND SEAL OF OFFICE tl�is
/,�,��� , 20�
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�o��' ��� ROSELLA BAF�NES
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lVOTARy PUBLlC
�y��,�� � State af Texas
'fi,oF'�.�Comm. Exp, 03-31-20Q6
�+ ��.v�q W r c r. i..sY
��' day of
.��.GL�}
Nfltary Public in and far the State of Texas
City of Fort Worih Lease Page 7
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�ity o, f �'ort �'o�thg 2'exas
Ma�°o �° a�� �o��� � �
DATE
4I1103
i SUB,IECT
Co��������.o�
R�FERENCE NUMB�R LOG NAME PAGE
�`*L�'i 3�3� I 3�CHAMBERS 1 of 1
EXECUTION OF L.EASE AGREEMENT WiTH THE FORT WORTH HDUSING
AUTHORITY FOR OFFICE SPACE LOCATED AT 9607 CHAMBERS �OR THE
P4LICE DEPARTMENT
RECOMMENDATION:
It is recommended tnat the City Council:
1. Authorize the City Manager to execute a lease agreement with the Fort Worth Housing Authority for
affice space located at 1647 Chamb�rs at a cost of $1.00 per year; and
2. Authorize ihe lease term to begin March 1, 2003, and expire February 29, 2q04, with two 92-mon#h
renewai options.
DISClJS510N:
The Engineering Department, Rea1 Property Services Division, at fhe request of the Pofice Department,
has n�gotiate� a leas� agreement with the Fort Worth Housing Au�hority for office space to be used by
neighborhood patrol officers.
The lease term is for one year, with two 12�monfh options to renew. There is a rental charge of $1.�a
per year for the space. Tf�e landlord is resp�nsible for all utility payments, inclu�ing fielephon� service.
The Police Depar�ment has occupied this space since 1995.
RENEINA� OPTIONS - This agreemer�t may be renewed for up to two successive one-year terms at
the City`s option. This action daes not reauire specific City Council a�proval provided that the Ci�y
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal tetm.
F15CAL. INF'ORMATIDNICERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as a�p�opriated,
af the Crime Control and Preventian Districf Fund.
LW:k
5uhmitted for Cify Manager's
Ofiice by:
I,ibby Watson
Qriginating Department Head:
Ralph Mendoza
I FU1�D I ACCOUNT �
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G183 �
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48386 I (From)
I GR79 { 53912D �
CENTER
0359501
j AMo�nv�r
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CI`I'Y SECRETARY
APPROVED �4/01/03
Additional Information Contact:
DA7E
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SUBJECT
2alph Mendoza
C`iiy of Fort YTlorth9 Z'exas
M��ro r ��� Co��,� � �1,
Co���.�����o�
REFERENCE NUMBER LqG NAME PAGE
*'�L�'i 3�3'9 y 35CHAMBERS 2 af 1
ElCECUTION OF I.EASE AGREEMENT VVITH THE FORT WORTH HOUSING
AUTH�RITY �4R OFFICE SPACE LOCATED AT 1607 CHAMBERS FOR THE
POLIC� DEPARTMENT
' i �
48386 �
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