HomeMy WebLinkAboutContract 31761 04-29-05P03 : 28 RCVD CITY SECRETARY'
CONTRACT' NO.
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement(Lease) is made and entered into this, the 7 day of
2005 the effective date hereof, at Fort Worth, Texas by and between Six Points Centre d/b/a Riverside
�,,�►y�,��,'a� � ies, LLC (Lessor), and the City of Fort Worth, a municipal corporation, acting by and through
its duly authorized representative Joe Paniagua (Lessee). The term "Lessor" shall include the agents,
representatives, employees, and contractors of Lessor. The term "Lessee" shall include the agents,
representatives, and employees of Lessee.
SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under
this Lease, Lessor leases to Lessee and Lessee Leases from Lessor:
Office Space of approximately 550 square feet, located at 3124 East Belknap, Unit D, Fort
Worth, Texas, 76111.
The office space, together with any and all structures, improvements, fixtures and
appurtenances thereon, thereunder or over, shall be referred to as the Leased Premises. The
boundaries and location of the Leased Premises are described on the attached Exhibit A made part
hereof.
SECTION 2. Use of premises. The leased premises shall be used as office space for the City of Fort
Worth.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on April 1,
2005 and terminating on March 31, 2006, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. Lessee shall pay Lessor annual rent of$1.00
per year,the receipt and sufficiency of which is hereby acknowledged.
SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor agrees to be
responsible for the payment of all electricity, natural gas, water or other 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. Lessor shall keep the Leased Premises in good, clean and habitable
condition,normal wear and tear excepted.
Lessor shall finish out the Leased Premises, including floor covering and wall treatment.
Lessor shall maintain in good repair the roof, foundation, exterior walls,'heating air conditioning,
electrical, plumbing, and interior painting or other treatment of interior walls of the Leased Premises.
Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation,
exterior walls, heating, air conditioning, electrical, plumbing and treatment of.interior walls of the
Leased Premises. If any repairs required to be made by Lessor are not co ' in
City of Fort Worth Lease Page 1
seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the
Lease.
SECTION S. Insurance. Lessor agrees to insure the structure and premises of 3124 East Belknap,
Fort Worth, Texas, 76111. Such insurance shall provide protection for liability, fire and casualty, and
property damage for the property owned by the Lessor, situated at, and including, the Leased
Premises. Verification of this coverage shall be provided to Lessee prior to the execution of this
contract. Lessee assumes no liability or financial obligation for the acquisition or maintenance of
such insurance; all costs incurred during the course of insuring the premises shall be borne solely by
the Lessor.
The City of Fort Worth is basically a self-funded entity and as such, generally, it does not maintain a
commercial liability insurance policy to cover premises liability. Damages for which the City of Fort
Worth would ultimately be found liable would be paid directly and primarily by the City of Fort
Worth and not by a commercial insurance company.
SECTION 6. Liability and Bold Harmless. LESSOR COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE
EXISTENCE OF THIS LEASE OR THE USE OR OCCUPANCY OF THE LEASED
PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF
RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION
OF LESSOR,LESSEE, OR ANY THIRD PARTY.
SECTION 7. Fixtures. Lessor herein agrees that no property or equipment, owned or installed by
Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that
Lessee shall reserve the right to remove any and all such property or equipment at any time during the
term of this lease, or subsequent to its termination by either party. Lessor fizrther agrees that she/he
will, at no time,hold or retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 8. Termination, Funding and Non-Appropriation.
8.01 Termination. Lessee shall have the right to terminate this Lease at any time for any reason by
giving Lessor 30 days' written notice prior to the intended termination date. The notice shall
be deemed effective when deposited by Lessee in the United States mail, postage prepaid,
certified mail,return receipt requested, addressed to Lessor.
If this Lease is terminated under this section, or as a result of the expiration of the Lease term
or any renewal period, neither party shall have any further obligation or liability to the other
under this Lease. Lessor and Lessee shall be bound by the terms, covenants and conditions
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date
of surrender coincides with the date of termination of the Lease.
City of Fort Worth Lease Page 2
8.02 Funding and Non-Appropriation. This lease shall terminate in the event that the governing
body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of Lessee
hereunder. Termination shall be effective as of the last day of the fiscal period for which
sufficient funds were appropriated or upon expenditure of all appropriated funds, whichever
comes first. Termination pursuant to this non-appropriation clause shall be without further
penalty or expense to either party.
SECTION 9. Right of Inspection. Lessor reserves the right to enter upon the Premises at all
reasonable times for the purpose of inspecting the Leased Premises, provided that such entry does not
conflict with Lessee's rights hereunder.
SECTION 10. Surrender of Leased Premises. Upon the termination of this Lease for any reason
whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the
Leased Premises were in upon delivery of possession under the Lease, reasonable wear and tear
excepted. Lessee also shall surrender all keys for the Leased Premises 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 the Leased Premises. Lessee shall remove all its furniture and equipment on or before the
termination of the Lease; and Lessee shall be responsible for repairing any damage to the Leased
Premises caused by the removal of furniture and equipment.
SECTION 11. Governmental Restulations. Lessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
of the Leased Premises. Provided, however, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"), 42
U.S.C. § 12101 et se q., AND SMALL FULLY INDEMNIFY AND HOLD HARMLESS LESSEE
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, SUI'T'S, AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, ARISING
OUT OF OR IN CONNECTION WITH THE LEASED PREMISES' COMPLIANCE, OR
LACK OF COMPLIANCE, WITH ADA, AND (II) SMALL MAKE ALL IMPROVEMENTS
NECESSARY TO CORRECT AND/ OR ABATE ALL ENVIRONMENTAL HAZARDS OF
THE LEASED PREMISES.
SECTION 12. Acceptance of Leased Premises. Lessee represents that it takes the Leased Premises
in good condition and that the Leased Premises are suitable for the purposes for which they are being
leased.
SECTION 13. Assignment. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors,
and lawful assignees of Lessor and the successors of Lessee, as permitted by the 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 Leased Premises without a lawful assignment or sublease shall be subject to all the
responsibilities and liabilities of Lessee and shall be subject to all provisions regarding termination
and eviction.
SECTION 14. Police Protection. Lessor agrees and understands that Lessee in no way
promises to provide increased police protection or more rapid emergency response time because
City offort Worth Lease Page 3 r FACIAL RECORD
UIVY MICH&Ry
of this Lease. No special relationship shall exist between Lessor or Lessee other than that of
landlord and tenant. Lessee shall provide no greater police protection to Lessor than is
provided to all other residents and businesses of the City of Fort Worth.
SECTION 15. Notices. Notices required to be made under this agreement shall be sent to the
following persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such change:
All notices to Lessor shall be sent to:
Jyl DeHaven,Project Director (��,/`�c✓c/y/ L c
P.O. Box 7708
Fort Worth, Texas 76111 s/5 f h '1-�A C
jyldehaven @sbcglobal.net
All notices to Lessee shall be sent to:
Fort Worth Police Department
Administrator, Fiscal and Equipment Management
350 West Belknap Street
Fort Worth, Texas 76102
As well as to:
City of Fort Worth
Real Property Services
1000 Throckmorton Street
Fort Worth, Texas 76102
All time periods related to any notice requirements specified in the Lease shall commence upon the
terms specified in the section requiring the notice.
SECTION 16. Entire Agreement. This Lease shall constitute the entire agreement of the Lessor
and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to the Leased
Premises.
SECTION 17. Waivers. One or more waivers of any covenant, term, or condition 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 condition. The consent or approval by either Lessor or Lessee to or of any act by
the other party requiring such consent or approval shall not be deemed a waiver or render unnecessary
consent to or approval of any subsequent similar act.
City of Fort Worth Lease Page 4
SEC'T'ION 18. Choice of Law and Venue. This lease and the relationship created hereby shall be
governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce the
terms of the Lease or for any breach shall be in Tarrant County, Texas.
SIGNED this 7 day of t 20
LESSOR: Six Points Centre ,dba LESSEE: CITY O RT WORTH
Riverside 26`' '*. LLC
By: ;Z�-K By:
Name: � 6f�� � Name: Joe Paniagua
Title: IF rol-y>r^e-f �G Z-G Title: Assistant City Manager
APPRO D AS TO FORM AND LEGALITY:
Assistarif City Attorney
ATTEST:
City Secretary
M &C Number :
Date: 4-da—c'6=2
0
Contract Number:
OFFICIAL RECORD
City of Fort Worth Lease Page 5 Cif'MIRSI Ry
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 known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of � /S" IJ Cn 711-,,,— and that he/she executed the same
as the act of said 2 1 1,7�1-1 1 /'l 6 an
for the purposes d
—
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
LOU ANNA
AS
MURRAY'
NoWY
Public
STATE F TEXAS
TATE OF TEXAS
Ey'P 12121/2005
G(,j,jnj Exp
otary Public in and for The Sta of Texas
Ric 20
City of Fort Worth Lease Page 6 CIVY'SiCEIRE
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 Joe Paniagua,known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Joe
Paniagua and that he executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
6 200,5
,
-� u
KATHY F.DURHAM
MY COMMISSION EXPIFES
'"�' ••• ''' Januaryv,2009
Notary Public in Ad for the State of Texas
QD
City of Fort Worth Lease Page 7
EXHIIT A
Legal Description:
Part of Lots : 1-5, 16,17, 18 and 19
Block: 1
Addition: McAdams Addition
As recorded in:
Volume Page , Deed Records, Tarrant County, Texas
City of Fort Worth Lease Page 8 �SU�sJU
�GUO
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/12/2005
DATE: Tuesday, April 12, 2005
LOG NAME: 353124DEBELKNAP REFERENCE NO.: **C-20653
SUBJECT:
Execution of Lease Agreement with Six Point Centre d/b/a Riverside Commercial, LLC for Office
Space Located at 3124 East Belknap Street, Unit D, for the Fort Worth Police Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement for approximately 550 square feet of office
space at 3124 East Belknap Street, Unit D, at a cost of$1.00 for one year; and
2. Authorize the lease term to begin on April 1, 2005 and expire March 31, 2006.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated a lease agreement with Six Points Centre d/b/a Riverside Commercial, LLC. for approximately
550 square feet of office space for a police storefront.
The lease term is for one year with a rental charge of$1.00 for the space. The landlord will be responsible
for all utility charges. The City of Fort Worth will be responsible for telephone installation and charges.
This office space is located in Council District 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Crime Control and Prevention District Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359501 $1.00
Submitted for City Manager's Office b Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (4210)
Additional Information Contact: Ralph Mendoza (4210)
Logna,me: 353124DEBELKNAP Page 1 of 1