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Home My WebLink AboutContract 28512CQ �� I . _ _�� LEASE AGREE1�Ell�T STATE OF TEXAS § COUNT� OF TARRANT § This lease agt�eement (Lease) is made and entered into this, the day of f�-�� , 2003, the ef�ective date hereof, at F�rt Worth, Texas by and between the Fort orth Housing Authority (Lessor), and the City of Fort Warth, a municipal c�rporation, acting by and through its duly authorized representati�e Libby Watsan {Lessee), T�e term "Lessor" shall include the agents, representatives, employees, and con�ractors of Lessor. The term "Lessee" sha11 include �he agents,. representatives, and employees of Lessee. SECTION 1. Leased Premises. Fa� and in consideraiion of the rantal payments to be paid undez' this Lease, Lessor leases to Lessee and Les�ee LeasEs from L,es�or: . , Office Space of approximately l00 square feet, located at 5Q04 Avenue G, Fort Worth, T�xas, 76].05. The offiee space, tagether with an�+ and alI structures, imp�ovemestts, fixtures and appUrtenances thereon, khereunder or over, shall be referrecl to as the Leased Premises. �� SECT�ON 2. Use of gxemises. The leased premises shall be used as offic� space far the Fort Warth Police Department, including off-duty polic� officers. SECTION 3. Term and Rent. This Iease shall he for a period of ane year commencing on March 1, 2003 and ternunating o� February 29, 2004, unless a prior terminatian is effected by either Lessar or Lessee under the terminaiion provisions of this Lease: Lessee shaIl pay Lessor annuaI rent of $1.00, the receipt and sufficiency of which is hereby acknowledged. This Lease may be automaiicalZy renew�d for successive terms of 12 manths each for up to a rr�aximum of two� snccessivc terms, sub�eet ta the teramination provisions of this Lease. The terms of this Lease shall continue to govern and conl't�ol the reIationship af the parties during any renewal p�riods. SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor agrees ta be responsib�e for the payment of all electricity, natural gas, water, telephone, and any othear utility charges �hat come due and payable during the term I.essee occupies the Leased Premises. Lessor agrees to pay alI taxes and insurance as they come due. Lessar sl�all keep the Leased Premises in �ood, clean and habitable condition, normal wear and tear excepted. Lessor shall maintain zn good z'epair the roQf, foundation, exterior walls, heating, air conditionzng, electrical, plumbing, and interior painting or other treatment of interior walls of the Leased Premises. Lessee agrees to giva Lessor written notice of defects or n��d -��x,; �pai�r.s. in._the City of Fort Warth Leas� Page 1 !' �� . + . �, roof, foundation, exterior walls, heating, air conditioning, electrical, and plumbing of the Leased Premises. If any repairs required to be made by Lessor ar�; not commenced or made within seven calenc3ar days after written notice is delivered to Lessor by Lessee, Lessee may tertn�nate the Lease. SECTION �, Tns�ranc�. Lessor agrees to insure the structure and premises of SDO� Avenue G, Fort �Vorth, TarranC County, Texas 76�Q5. Such insurance shall provide protection for liability, fire and casualty, and property damage for the progerty owried by the Lessar, siivated at, and including, the Leased Premises. Verification of this coverage shall be pro�ided to Lessee griar to the execution af this coniract. Lessee assumes no �iability or financial abligatian for the acquisition ar maintenance of such insurance; all cos�s incurred during the course of insuring the premises shall be borne solely by the Lessor. SECTION 6. Liability and Hold Harmless. Lessar cavenants and agrees to release, indemnify, hold harmless and defend Lessee, its afficers, agents, servanYs, and employees, frorn and against any and all clairns or suits for property damage, p�rsonal injury, or any othar type of loss ar advers� consequence zelated in any way to the exiskence of this lease or the use ar occupancy of ihe Leased Premises, regardless of whether the act or oma'tssion complained of results from the alleged negligence or any other act or amission of Lessor, Lessee, or any t}urd party. SECTIQN '�. �xtures . Lessar herein agrees that no property ar equi�ment, owned or installed by Lessee, or any zepresentative of Lessee, shall, under any circumstances, become a fixture, and that Lessee sha�l reserve th� right to remove any and alI suck� property or equxpme�t at any time during the term af this Iease, or subsequent to its t�rmination by either party. Lessor further agrees that shelhe will, at no time, Y�old ar retain, any praper�y awned or installed by Lessee, for any reasan whatsaever. SECTION S. Ter�ination and Ri�ht of Inspection . Lessor shall have the right to terminate this Lease at any time for any reasan unrelated to Lessee's default or breach of any af the t�rms expressed herein by giving Lessee 60 days' written notice prior to the intend�d termination date. T�e notice shall be deemed effective when deposited by Lessor in United States mail postage prepaid, certified mai1, return receipt requested, addressed ta Lessee. Lessee shall have the right to terminate this Lease at any time far any reason unrelated to Lessar's defaul� or breach of any af the terms expressed hereiri by gi�ing Lessor 30 days' written notice prior ta Che intended terminatian date. The notice shall be deemed effective when depasited by Lessee in the United States mail, postage prepaid, ce�tified mail, return receipt requested, addressed ko �C55Q�. If Lessee elects to ternunate the L�ase because oi any alleged d�fault or breach by I.�ssar of any Lease provisions, Lessee shall be required ta give Lessor immediats notice in writing of that intention stating specifically the reasons therefor and allowing Lessor saven calendar days after the date of Lessor's receipt a� the notice to cure any or all defaults(s} or breack�(es) specified in the no�ce. Tf the sp�cified defaults or breaeh(es} of Lesso:r are not cured to the satisfaction of Le�see's Administrator of Real P:roperty Management, tl�e Lease will be terminated. If this Lease is terminated under this section, or as a result a� the expiration af the Lease term or any renewal pe�iod, neither party shall have any further obligatian or liability to the other under , �;:., ., Cify of Fort War-th Lease Page 2 � �� +� • �� : , ; • . � ' � �, .. this Lease, except that Lessor and Lessee shall be lia�le for the breach of term covenant or condition contained in this Lease occurxing prior to the date of the surrender of the Leased Premises by Lessee pursuant to the termination. Lessor and Lessee sha11 be baund by the tarrns, covenants and condiiions e�pressed herein until T.�ssee surrenders the Lea�ed Premises, regardless of whether the date oi' surrender coincides with the date of terminatian of tha Lease. Lessor reserves the right to enter upan the Premises at all reasonable times for the purpose of inspec�ing the Leased Premises, pro�ided that such entry does nat conflict with Lessee's rights hereunder. � SECTXON 9. �+ �ing. NonoAnurouriation and Termination. This lease shall teiminate in the event that t�e governing body of Lessee sha11 fail to apprapriate sufficient funds to satisfy any obligation af Lessee hereunder. Termination shall be effective as of the last day af the fiscal period for which suffieient funds were appropriated or upon expenditure of aIl apprapriated funds, whichever comc�s first. Termination purauant to this non-apprapriation clause shall be withovt f�rther penalty or �;xpense ta either party. SECTION 10. Surrender o� Leased Premis�es. Upon the termination af this Lease for any reason whatsoe�er, Lessee shall su�'ender passession of the Leased Premises in the same condition as the Leased Premises were in upan de�ivery of possession under the Lease, reasonabie wear and tear excepked. Less�� also shall surrender ali keys foar the i.eased Premises to Lessor at the plac� then fixed for the payment for rent and shall inform Lessar of all combinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remo�e all its furniture and equipment on or before the terminatian of t�e Lease; and Lessae shall be responsible for repairing any damage to the Leased Premises caused by the removal of fumiture and equipment. SECTIOIiT 11. Gooernmental Regu�atinns. Lessee agrees ta comply fully with all applicable Federal, state, and municipal Iaws, statutes, ordinances, codes, or regulaCions in connection with use of the Leased Premises. Pravided, k�aw�ver, Lessor {i) shall make all impra�ements n�cessary to make the Leased Premises comply with the Americans With DisabiIities Act of 199Q {"ADA"), 42 U.S.C. § 12101 et sea., shall fully indemnify and hold harmless Lessee irQrn and against any and all claims, lasses, damages, suits, and liability of every kind, incl�ding all expenses of litigation, arising out of or in connection with the Leased Premises' carnpliance, or lack of campliance, with ADA, and (Si) shall make all improvements necessary to correct and/ or abate all environmental I�azards of the Leased Premises. SECTION 12. Acceptance of Leased ,�ernises . Lessee represents that it takes the Leased Premises in goad conditian and that the Leased Premises are suitable for the puiposes for which they are being leased. SECTTON 13. Assr�nment. Lessee shall not assign or sublet this Lease without the prior writt�n approval of Lessor. Upon issuance of such approvai, this Lease shall be binding an the successors, and lawful assignees of Lessor and the successars of Lessee, as pernutted by thc; terms of this agreement and by the laws of the State of Texas and the United States. Any person or entity using or occupying the I.eased Premises without a lawful assignment or sublease shall be subject to a11 the � .; City of Fa•i Worth Lease Page 3 -�- responsibilitaes and liabiiities of Lessee and shall be subject to alI pravisions regarding termination and eviction. � SECT�ON �4. Palice Protection.. Lessor agrees and understands that Lessee in na way prornises to pro�ide increased police protection ar more rapid emergency response time because af this Lease. Na special relationship shalj exist between Lessor or Lessee other than Ehat of landlord and tenant. Lessee shall pro�ide no greater pa�ice prpt�ction to Lessor than is provided ta aIl other residents and businesses Qf the City of Fort Worth. SECT�ON 15. N�tices. No�ices required to be made under this agreement shall be sent io ihe following persans at the following addresses, pror�ided, however, that each party reserves thc right to change its designated person far notice, upon written notice to the other party of such change: All notices ta L.�ssor shall be sent ta: Fort Worth Housing Authority 12Q1 E. 13th Street Fart Worth, Texas 76102 All notices to Lessee sha11 be sent to: Fort Worth Police Departm�nt Administrator, Fiscal and Equip�ner�t Management 350 West Belknap Street Fort Worth, Taxas 76102 As well as ta: Administratar, Real Property 14Zanagement City of Fort Worth 927 Taylor Street Fort Worth, Texas 761�2 All time periads related to any notice requir�;ments specified !n the Lease shall commence upon the terms specified in the section requiring tk�e natice. SECTION 16. Entire Agreement . This Lease shall constitute the entire agreament of the Lessor and Lessee, and shall supersede any prior agreements, either aral ar written, pertaining to the Leased Fremises. SECTIOl�C 1'�. Waivers . One or rnare wai�ers of any cavenant, term, ar condition af the Lease by either Lessor or Lessee shajl not be construed as a vwaiver o� a subsequent breach of the same � _- - ' . E City of Fort Worth Lease Prage �4 :: � I , .7L' - � �F� f � 0 cavenant, term, or condition. The consent or approval by either Lessax or I.essee to or of any act by the oi�I�er partq requiring such consent or approval shall not be deemed a waiver or render unnec�ssary consent to or appx�ovai of any subsequent similar act. � SECTYOI�T 1�. Venae. This lease and the relationship created herehy shall l�e gover�ed by the laws of the State af Texas. Venue for any action brought to inteTpret or enforce th� tarms of the Lease or for any breach shall be in Tarrant County, Texas. _ �� SIGNED this� day of �� . 20 � . . LESSOR: FORT WORTH HOUSING AUTHORITY B ��Gi�� ' _� J _ � .�_ � �. . Barbara Halston, Executi�e Director � � � , , - ' AT'iYEST: Cont�ac�.�uthariza�ion l�r� � — _� .. c�.._ .._�_��-.—..._-' - 1 LESSE�: �ITY OF FORT WORTH r / ! `/ �� _ Ety:. - ' - �.ibby V�san, Assistant City Manager . % e , d .-�1�'v�IR/� , � iry Secretary .APPRO S TO FORM AI�TI] LEGALITY: �..._ Assistant City Attarney City of Fort Worth Leuse Fage 5 ��6, � �1 , -:: :';, � � F� 0 STATE OF TE�AS � § COLINTY OF TARRANT § BEFORE ME, the undersigned autY�ority, a Natary Public in and for the State of Texas, on this day personally appeared�� rt3 _�n � 5�1� +� , known to me to l�e the same perso� whose name is subscribcd to the foregoing instrument, anc� acknowledged to me that the same was the act of bC1,C� 1�"�0�'1 and that helshe executed the same as the aet of said �i r`� �f�r�h Htil�.Si r�l . C� T far the purposes and � consideration therein exp�essed and in the capacity tl�erein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��_h�, r�/ ,zo�. . - . _ L.. .��. � . d�Yb,,, ------- - :�*'� P�; �YAC.KEY '��"`= MY COMMISSION EXPIRES ,9s,��` August i2, 2005 � -�.,.a-- - r. . _. . ... . . . � �� Iv '. 1 � __ �.,,_� �. Notary Public in an�or the S�ate of T�xas day of , 0 � 1 � �' I � I � City of Fort Worth Lectse Page 6 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the uridersigned authority, a Notary Public in and for the StaCe of Texas, on this day personally appeared Libby Watson, Irnown io me to be the same pers�n whose na�n�; is subscribed to the foregoing instrum�nt, and acknowledged to me that the same was the act oi Libby Watson and that she executed the same as the act of said City of Fort Worth for the gurposes and consideration therein e�pressed and in th� capacity therein stated. GIVEN iJNDER MY HAND AND SEAL OF QFFICE this v`..4�'' day of L!V12�.�, , 20 0 � . r ,,��,..�.. E,��Y p B � ROSELLA BARNES ��'�� NOTARY PUBLIC �%� �� State af Texas }'�,,,,�aF� Comm. Exp. fl3-31-2005 i• li 1� i! �� 1� 1 �� _y Notaty Public in and for the State of Texas Ciry o,f Fort Worth Lease Page 7 vuu� � �� h�(U)!;�III;F �`ity of �'o�t �'orth, 7"exas �ayo� �� o`��c��, ��r��ta�o� DA7E R�F�RENCE NUMBER LOG NAME PAGE 41��p� '��13�30 35AVENUE-G 1 of 1 SUBJECT EXECUTION OF LEASE AGREEMENT WITH THE FORT WORTH HOUSING AUTHORITY FOR OFFICE SPACE LOCATED AT 5004 AVENUE G FOR THE POLICE D�PARTMENT RECOMMENDATIDN: It is recommended that the City Council: 1. Authorize the City Manager io execute a lease agreement with the Fort Worth Housing Auiharity for office space located at 5004 Avenue G at a cost of $1.00 per yea�-; and 2. Authorize the lease term to begin March `1, 2003, and expire February 29, 2004, with two 12-monfh renewal options. DISCUSSION: The Engin��ring Department, Real Proper�y Services Division, at the request of �he Po{ice Department, �as negotiated a lease agr�ement with ihe Fort Worth Housing Authority for office space to be used by neighborhood patral offiicers. The lease ferm is for ane year, with two 12-month options to renew. There is a rentaE charge af $1.00 per year far the space. The fandlord is responsible far all utility payments, incfuding telephone service. The Police Department has occupied this space since Septiem�er 199�. RENEWAL OPTfONS - This agreement may be renewed for up fo two suc�essi�e one-year terms at the City's option. This action does not require sp�cific City Cou�cil approval provided that the City Council has appropriated sufficient fiunds to satisfy the City's obligatians during the renewal term. `-'` FiSCAI. INFORMATI ONICERTI FICATI ON: The Finar�ce Director cer�ifies that funds are available in the current operating bu��et, as appropriated, of the Crime Con#rol and Prevention District Fund. LVII: k SuhmiYted i'nr City Manager's Office by: Lihhy Watson OriginaEing DepArtment Head: �talph Mendoza I FUND I ACCOUNT � � �to} � 6i83 I � 48386 I (from) I GR79 � 539'E20 � CENTER 0359�01 I AMOUNT $T.oa C1TY SECR�TARY � � � � � APPR�VED 04101/D3 Additional Information Contact: C'ity o, f�'ort Y�orth, T'exas ��or �� 0��7� �o�u�,��o� DATE REFERENCE NUMB�R L.OG NAME 4111Q3 **��3�30 35AVENUE-G PAG� 2af1 sua.�Ecr EXECUTf4N 4F LEASE AGREEMENT WITH THE F�RT 1N�RTH HOIJSING AUTHORITY FOR OFFICE SPACE L.00ATED AT ��4 AVENUE G FOR THE POLICE DEPARTMENT Ralph Mendoza 483$6