HomeMy WebLinkAboutContract 27938STATE OF TEXAS
COUNTY OF TARRANT
LEASE AG��1VIEl�IT
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,(� This lease agreement (Lease} is made and entezed into this, the � r? day of
i-'111 '-� , 2002 �e e�ectzve date hereof, at Fort Warth, Texas by and between
Daris B.�-rost & Harold C. Bowen (Lessor), and the City of Fart �orth, a muriicipal corpora�ion,
acifng by and through its duly auth.orized representative Libby Watson (Lessee). The tcrm "Lessor"
shall include the agents, representatives, employees, and contractors of Lessor. The term "Lessee"
shall include the agents, xepzes�ntatives, and e�ployees of Lessee.
SECTIOI� 1. Leased Premi�es. For and :in consideration of the ren�al payrnents to be paid under
thi�s Lease, Lessor leases to Lessee and Lessee Leases from Lessor:
Office Space of appraximately 8,��Q square fee�, located at 3457 N. Deca�ur Avenue,
Fort Worth, Texas, 761p6.
The office space, together with any and a11 5iTl1CtUTES, improv�ments, fixttues a�d �
appurtenanees thereon, thereunder or over, shall be referr�d to as the Leased P�temises. The
boundaries and location of the Leased Premises are described on the attached Exhi.bit A mac�e
a part hereof.
SECTTON �. Use of nremises. The leas�d premises shall be used as office �pace for the Fort Worth
Police Departm�nt, inclnding o£f d�ty palice officers.
SECTION 3. Te�rm and Rent. This lease shall be for a period of one year commencing on August
1, 2002 and terminating on July 31, 2003, unless a prior termination is effected by either Lessar or
Lessee under the termina�ion provisions of this Lease. I.essee shall pay Lessor ar�nual rent of
� 15,000.00 per year, payable in monthly �nstallments of $1,25Q.00 per manth. The rental payment
shall be mada ta the I.essor on the first day of the term and each month thereafter including any
extension of the Lease.
This Lease may be x�newed for successive terms of 12 m�n.ths eaeh for up to a maximurn of
four successive terms, provided that Lessee notifies Lessor in writing of iis intent to extend on or
before 30 days �rior to the expira�ion of the Lease or any extc:nsion. The notice shall be deezned
effective wh.en deposited by Lessee in United States mail, postage prepaid, certified xnail, retnrn
receipt requested, addressed to Lessor. The tertns of this Lease shall continue to go�ern and control
the relationship of the parties duxxng any ext�nsions. The rental ama�nts dvring the extension peziads
shall be:
Year 1-$1,325.00 per rnonth Year 3-$1,475A0 per month
Year 2-$1,400.00 per month Yea�r 4-$1,550.00 per month
City of Fort Warth Lease Page 1
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SECT`I�N 4. Taxes�, Insurance. Utilities, Care of the Leased Pxemises., Lessee agrees to he
responsible fflr the payment of all electricity, natural gas, vvater, local telephone, or other utility
charges tk�at came due and payable during �he term Le�see occupies the Leased Premises. Lessor
agrees ta pay all taxes and insurance as they came due. I.essee shall keep the Leased Premises in
gvod, clean and habitable conditian, normal wear and tear e�cepted.
Lessor shall maintain in gaod re�air fhe roaf, foundation, exterior walls, heating, air
canditianing, electrical, plumbing, and interior painting ar other treatment of interiar walls a� the
Leased Prernises. Lessee agrees to giva Lessor written noiice af defects or need far repairs in the
roof, foundation, exterior walls, heating, air conditionin.g, elecirical, and plumbing of the Leased
Premises. If any repair's required to be made by Lessor are not cammenced or made witYun fourteen
calendar days after written notice is delivered to Lessor by Lessee, Lessee inay tezminate the Lease.
SECTIOI�T 5. Insuran��� Lessor agrees to insure the struckure and premises of 3�57 N. Decatur
Avenue, Fort Worth, Tarrant County, Texas 7610b. Such insurance shall provide pz'ot�ction for
liability, fiire and casualty, a�d prop�rty damage for the prop�;rty owned by the I.essor, situaCed at and
including, the Leased Prcmises. Verificat�on of this coverage shall be pro�ided to Lessee prior to th.e
e�ecutian of this contract. Lessee assumes no liabiiity or financial oblxgation for the acquisition or
maintenance of such insurance; all costs �ncurred during �he caurse of insurin.g the premises shall be
borne solely by the Lessor.
SECTION 6. Liabilitg and Hold Harmless. Lessor covenants and agrees to release, indemnify,
hold harml.ess and defend Lessee, its officers, agents, servants, and employees, from and against any
and all claims or suits for property damage, personal injury, oz any othe:r typ� of lass or adverse
consequence relatad in any way to the e�tistence of this lease or trte use or occupancy of the Leased
Premis�s, regardless of wkaeth�r the act or om�issian eomplained of results from the alleged negligence
or any other act or omission o� I.essor, Lessee, or any third party. Lessee shalI likewise release,
indemnify, hald harmless �nd defend Lessee from asad against any and all claims or suits related in
any way to any damage to, or defects in, the Leased Premises or any othez ad�erse cansequances
related to the Leased Premises, regardless of whether the act of omission complained of results from
the alleged negligence or any oth�r act or omission of Lessor, Lessee, ar any third party.
SECTION 7. Fixtures . Lessor herein agrees that no praperty or equipment, owned or instal�ed by
Lessee, or any representative of Lessee, sha11, under any circurnstances, become a fixture, and that
Lessee shall reserve the right to remave any and aII such property or equapment at any� ti_me during the
term of this lease, or subsequent to its termination by either pa�y. Lessor further agrees that shelhe
will, at taa time, hold or retai�n, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 8. Termination and Ri�ht of Insaection . Lessor sha11 have �he right to termina�e this
Lease at any tin�e for any reason unrelated to Lessee's defauIt or breach of any o1E tl-�e t�:rms expressed
herein by giving L�ssee 30 days' written notic�; prior to fihe intended termination dat�;. The notice
shall be deeme�I effective when deposit�d by Lessor in United States mail postage prepaid, certifzed
mail, r�tuin receipt requested, add,ressed ta Lessee.
City of Fort Worth .Lease Page 2
Lessee s�al1 have the right to terminate this Lease at any time for any reasan unrelated to
Lessor's default or breach of any of the terms expressed herain by giving Lessor 30 days' written
notice prior to the intended termin.ation date. Tne n�tice shall 'ba deemed effecti�e when deposited by
Lessee in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to
Lessor.
Jf Lessee elects to terminate the Lease because of any alleged default or bzeach by Lessor of
any Lease provisians, Lessee shall be required to g�ive Lessar immediate notice in writing of that
inientian stating speciiically the reasons therefor and allowin.g Lessar seven calcndar days a�ter the
date of Lessor's receipt of the notice to cure any or all defaults(s} or breach(es) specified in the notice.
If the specified defaults or breach(es) af Lessor are not cured ta the satisfaction o� Lessee's
Administrator of Reai Property Management, the Lease will be terminated.
If this Lease is terminated under fihis section, or as a result of the expiration of the Lease terzn
or any renewal period, neither party shall have any further obligatior� ar liability to the other under
this Lease, exeept that Lessor and Lessee shall be liable for tl�� breac� ai tezm covenani or condiiion
cantai.ned in this Lease occurring prior to the date of the surrender of the Leased Premises by Lessee
pursuant to the termination. Lessar and Lessee shall be bound by the terms, covenar�ts and conditions
expressed herein unti� Lessee surrenders the Leased Fremises, regardless of whether the date of
sunrender coincides with thc date of termination af the Lease.
L�ssor reserves the right to enter upon the Premises afi all reasanable times for t�e purpose af
inspeciing the Leased Premises, provided that such entry� daes not conflict wiih Lessee's rights
hereunder.
SECT�UN 9. Fundins. NonoAnnron�tion and Termi��tion. This lease shall terminate in the
event ihat the gaverning body oi Lessee shall fail ta appropriate su�icient funds ta satisfy any
obligation of Lessee hereund�r. Term�ina�ion shall be effective as of the Iast day of the fiscal period
far which sufficient funds were appropriated or upon expend�tura of all a�propriated funds, whick��ver
comes �irst. Ternunatian pursuant to this non-appropriat�on clause sk�all be without �er penalty ar
expense to either party.
SECTION 1Q. Surrender of Leased Premises. Upon the terrrunation af this LE:ase for any zeason
whatsoever, Lessee sha11 surrendar possession af the Leased Premises in tl�e same condi�ion as the
Leased Premise� were in upon delivery o� passession under the Lease, reasonable wear and tear
excepted. Lessee also shall snrrender all keys for tlie Leased Premuises to Lessor at the place then
iixed for the payment far rent and shall inform Lessor af aIl combinations on Iocks, safes, at�d vaults,
if any, on the Leased Premises. Lessee shall remove aIl its furniture and equipment on or before the
termination of the I.eas�; and Lessee shall be respansible for repairing any damage to �e Leased
Premises caused by the removal of furniture and equipment.
SECTION 7�L Governinen�t � Re�lations. Lessee agrees to comply fu11y with all applicable
Federal, state, and municipa� laws, statutes, ordinances, codes, ar regulatians in connection wxfh use
of the Leased Premises. Provided, hawever, Lessor (i) shall make all imp�'ovements necessary to
make th� Leased P;remises comply with th� Americans With Disabilities Act of 199a ("ADA"), 42
U.S.C, § 12101 et se ., shall fully indemnify and hold hannless Lessee from and against any and all
City of Fort Worth �Gease Page 3
clairns, losses, damages, suits, and liability of every kind, mcluding all expenses of litigation, arising
out of or in cont�ection with the I.�ased Premises' compliance, or lack of com�liance, with ADA,, and
(ii) shall make aIl impravements necessary to correct andl or abate all environmental hazards of the
Leased Premises.
5ECTIOI�T 1�. Accentance of Leased �emises . Lessee represents 'CI'1�.Y 1i ��ES ihe Leased
Premises in goc�d candition and ti�at the Leased Premises are suitable fo�r the pur�poses for which they
are being Xeased.
SECTIOIV 13. Assx�amept. Lessee shall not assign or sublet this Lease withou� the prior written
appraval of Lessor. Upan issuance of such approval, this Lease �hal1 be bincling on the successors,
and lawful assignees of Lessor and the successors of Lessee, as pe;rmitted by �he terms of this
agreem.ent and by the laws of the State a� Texas and the United States. Any person or enYaty using or
occupying the Leased Pz'emises without a�awful assignment ar sublease shall be subject to all the
respansibilities and liabilities of Lessee and shall be subject to all provisions zegarding termination
and eviction.
SECTION 14. Police �'ro�ection. I.essor agrees and understands that Lessee in no way promises to
provide increased police prntecf�o� or more rapid emergency respanse time becat�s� of this Lease. No
s�ecial relationship shall exist between Lessvr or Lessee other than �hat af landlard and tenant.
Lessee shall pravide no greater police protection ta Lessor than is prv�ided ta all ath�r residents and
businesses af the City of Fvrt Worth.
SECT�ON 15. Natices, No�ices required to be made under this agr�ement shall b� sen� to the
fallawing persons at th�e folla�ing addresses, pravided, however, that each party reserves th� right to
ehange its designated person fQr notice, upo�t written notice to th� other party of such chaz�ge:
All notxces to Lessor shall be sent ta:
Frost & Bowen
P.O. Box 1715
FDrt Worth, 'Texas 76101
All notices to .L.essee shall be sent ta:
Fort Worth Palice Department
Administratoar, Fiscal and Equipment Management
350 West Belknap Stre.et
Fort Worth, Texas 7b102
As vwell as to:
�dministrator, Real Prope�riy Man�gennent
City of Fort Wo�th
927 Taylor 5treet
Fort Worth, Texas 76102
City of For'i Worth Lease Page 4
All time periods related to any notice req�irements specified in ihe Lease shall com�aenc� �pon the
terms specifi.ed in the section requiring the notice.
SECTYON 16. Entire A�reement . This Lease sha11 constitute �he entire a�reement of the Lessor
and Lessee, and shall supers�de any pr�or agreements, either oral or written, pertaining to the Leased
Premises.
SECTION 17. Waivers . One or more waivers of any covenant, term, or candition of the Lease by
either Lessar oz Lessee shall not b� construed as a waiver af a subsequent breaeh of the sarne
covenant, tenn, or conditian. The cansent or appro�al by either Lesso:r or Lessee to flr af any act by
the o�her party requiring such consent or approval shall not be deemed a vvaiver or render unnecessary
consent to or approval of any subsequ�nt similar act.
SECTION IS. Venue. This l�ase and the relationship created �aereby shall be governed by the laws
of the State of Texas. Venue for any action broug�it to interpret or enforee the tezms of the Lease or
for any breach sha11 be in Tarrant County, Texas.
This Lease shall ba binding an the successors and lawful assigns of Lessor and the successors
of Lessee as permitted by the tern�s of this agreement and by tt�e laws of the State of Texas. Any
person or entity using or occupying the Leasec� Premises withou� a Iawful assign�ment or sublease
shall be subject to all provisions regardi�g terminaCian and evictian.
City of Fort Worth Lease Page 5
SIGNED this �� day of � � fi Zd ' '
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LESSOR: Doris B. Frost & Harold C. Bowan
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Harold C. Bowen
LESSEE�`ITY OF FORT WORTH
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By-. .-:.L#�_� �e� ��
F �ibby V��son,
Assistant City Manager
A'I"�'EST:
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Ciiy Secretar� �
APPRO AS TO FORM AND LEGALITY:
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Ci Atto ey, or His Designee
M&C No.: � � 3 �� �
City of Fart Worth ,Lease Page 6
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STATE OF �'.�5 §
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COUNTY OF � §
BEFORE ME, the unders�gned authority, a Natary Public in a�ud for the State a� Texas,
on tlus day personaIly appeared U� �.` .� �`�a 3- C�� i , known to m� to be the
same person. whose name is subscril�ed to ihe faregoing instrument, and acknowledged ta me that
the sama was t�e act af `� � l� '� ���.�`� � a�1� and that helshe executed the same
as the act of said �� �=�':- '� u-``�� ��� for the purposes and
cozasideration therein expressed a�d in the capacity therein stat�d.
GIVEN UNDER MY HAND �ND SEAL OF OFFICE tt�is __ I�* i` day of
_' �. --�. r. � 2D ,� Z
�°RAVIS ECHOHAWI�
WO'�'ARY PUB�IC
�iATE Of CO�ORADO
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Notary Public in and for the SEate of �s-
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City af �`art Worth Lease Page 7
STATE OF TEXAS §
COT.]NTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the 5tate of Texas,
an tl�is day gersonally appeared �O..PO`� C. �0�� � , known to me io be Che
same perso� whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of �G. f p l� C. -�(� u.�.-' Y� __ and that h�/� executed the same
as the act o� said l�` G. �f c'� 1 d C. 1� o VJ'e � faz' the purpos�s and
conszderation therein expressed and in the capacity �herein stated.
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GNEN UNDER MY H1�ND AND SEAI.OF OFF�ICE this r�c day of
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, 20 a o�..
��.Ch l�� �A.c�1
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Notary Public i�i and for the 5tate�if Te�as
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City of Fort Worth Lease Page 8
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned autharity, a Notary Public in and for the State of Texas,
on this day personally appeared Libby Watson, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged ta me that the same was the act o� L.ibby
Watson and that she executed the same as the act af said City of Fort Worth for the purposes and
cansideration kherein expressed and in the capaciCy therein st�ted.
GNEN UNDER MY HAND AND SEAL OF OFFICE this o� %� day of
(� �`
,r��YA�,;� ROSELLABARNES
���,••�..��o� NOTARY PEIBLIC
� �����' State oi 7exas
�',�y'� �Comm. Exp, 03-8i-2005
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, 20 � 2r .
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Notary Public in and for the State of Texas
City of Fprt Worth Lease Pag� 9
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Legal Description:
Lot: 3, 4 and 5
Block: 48
Addition: Fostepco Heights
As recorded in:
Volume 204, Page 12b, Deed Recazds, Tarrant Cannty, Texas
City of Fort Worth Lease Page 10
C'ity o�'.�''o�t �ort�x� �'exas -
�i�y�r ��r� Coun�i� �orr�r�u�ic��io�
DA7E REFEf�E�fC� NUMS�R LOG NAME PAG�
8/13102 **�,����,�1 ` 35DEGATUR � 1 of 1�
SUBJECT LEASE SPACE FOR THE pOI�ICE DEPARTNIENT AT 3457 DECATUR AVENIJE
FRflM DQRtS B. �ROST AND HAROLD C. Bt7WEN
REC�MMENDATION:
It is recommended fhat the Cify Council:
1. Authorize the City Manager to execute a�ease far 8,040 sc�uare feet v# office space at 3457 �ecatur
Avenue fram Doris B. Frast and Harald C. Bowen a# a cost of $1,254 p�r mo�fh; and
2, Authorize the term af the lease ta begin August 1, Z002, and expire July 39, 2003, with options ta �
renew far four additional one-year pEriods. Option year manthly rental ama�nts are as fallvws:
� 1st option year $1,32�
� � 2nd aption year $1,4�0
0 3rd option year $1,475
� 4th aption year $1,550
DiSCUSSION:
The Engineering Departmsnt, Rea1 Property Services Divisian, at the req�est of the Police Department,
negotiated a I�ase for space to be used for a neigh�orhaod policing district headquarters.
The lease te�m is for one year, wiih four one-year options to renew. There is a rental charge of $1,250 ,
per rrionth for the space. This tease wilf reflect an increase in monthly renfial payments of $100 per
manth, The City has leased ti�is space since Augusi 1, 1997, and is responsible for payment of a!l '
utilities.
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FISCAL IN�ORMATIONfCERTiFICATION: �
The �ina�ce Director certifies that funds are available in the current aperafing budget, as appropriated, �
af the Crima Controi and Preventian District Fund. '
�
�W:k '
Submitted for City Manager's 4 Fi3ND � ACC�T7NT � CENTER � AMQ[7NT C1T"�' SECRETARY I�
Oftice by: � {ta} f
y ' l i '�
Libb Vi�atson 6183 j
Origina#ng Depattment Head: � � �
Ralph Mendoza
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48386 f (from}
! GR79 53912fl 0354102
� �
1 APPROVTcD 0$113102 �
$15,004.00 j ,
Additional in�'ormation Contact:
Ralph Mendoza 4838G � ,