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HomeMy WebLinkAboutContract 27847�' P ' � f .. . City S�cretary Contract Na. c�'���7 LEA�E AGREEI�E�TT State of Tegas § County of Tarrant t 5ECTIOIi� 1. PAR'TIES THIS LEASE is entered into by and betvaeen the CITY UFJ'�RT WORTH. TEXAS, a home-rule municipal coarporation situaied in Tafrant and Denton Counties, Texas, hereinafter called ("LessQr"}, acting herein by and through , its duly authorized As�ista.nt City Manager, and BOBSY FRA1�S hereiz�aftear referred to as {"L,essee"). Witnesseth; WHEREAS, Lessor is the owner of the property located at 680 Harmon Road, known as a 6.79 acre tract out of the E Honkins Survey Abstract No 646 Fort Worth Tarrant Countv Texas: �HEREAS, Lessee seeks to lease fro�n Lessor all of the described property, as more specifically described in the attached E�ibit "A" and i:ncar�orated for ail purposes ("Leased Premises"), far a tertn of ONE yea�', beginning an June 1. 2002. The property described together with any structures, improvements, fixtures and appurtenanc�s on, over and under said properiy shall be re£erred to herein as the "Leased Prernises" . LEASE AGRE�MENT 0�[�9C��1�d ��C��� �a� s������� � ��, Page 1 PIO�J', '1'HEREFURE Lessor and Less�e covenant and agree as �ollows: That, for and in consideration of the mutual agreements in this Lease, Lessor and Lessee agree: SECTIOl�T 2. LEA�ED PREIVII�ES Lessor leases to the Lessee the Leased Premises f�r the pwpases of storing fence buildin� material and eauinment related to the erectian anc� renair of nip� and steel fences. Lessee, at Less��'s expense accepts �he property in its current condition and shall supply to the Lea�ed Premises and keep in good working order all eiectrical, (and if available) heating, �lurnbing, and air ca�ditioning systems and services. Lessee acknowledges that it has fully inspected the Leased Premis�s as of the beginr�ing of the Iea�e term and acknawledges that the Leased PrerMised axe suitabie for the purposes for which it is being leased by Lessee. Lessor disc�aims any expre�s or implied warranty of suitability ar ar�y otl�er warranty that �nay otherwise have arisen by the operation of law. Lessee aCknowledges that neither Lessor, nor any agent of Lessor, has made any representations as to th� condition of the Leased Prernis�s or the suitability of the Leased Prernises for Lessee's intended use. Le�see accepts the Leased Prernis�s "A� TS" - whather suitable or not - and waives the impl�ed wart'anty af suitability and "R�ITH ALL FAULTS". Lessee, at its awn expense, and subject to the prior written approval of the Lessor, has the right to upgade, add to and/ar atherwise expand the Leased Peemises' improvements and amenities, pra�vided said alterations are consi�tent with the Le�,sed Premises' uses. LEASE AGREEMENT Page 2 SECTION 3. LEASE TERMS) The tenn af this Lease shall be ane vear, commencing June 1. 2002 and ending May 31. 2003. In addition to tlus initial term, Lessee may e�ercise two re;�ewal options to extend the Lease: Renewal Option 1- An option to e�tend fQr one (1) year fram June 1, 24D3 and end on May 31. 2004. Ren�wal Optian 2- An option to extend for ane {1) year ftom June 1. 2004 and end on Mav 31. 2005 The rcnewal options to extend the Lease shall be sxer�ised by written notice from Lessee to Lessor a.nd received by I,essor at least sixty (60) days before the termination of the then �xisting curre:�t term of the lease. Failure �a exareise any renewal option period sha,ll extinguish all rights ta any r�newal option period. The terms set forth herein sb.all govern and contxol the relationship of the parties hereto during any r�n�wa1 period, except the rental amount, which may be adjusted ta fair market value. LESS4R RESERVES THE RIGHT TO TERMIlVATE THE LEASE AT TI� END OF TI� 'TERM OR ANY �UCCES�NE RENEWAL T�REOF REGARDLESS OF LESSEE'� INTENT TO RENEW. LEASE AGREEMENT Page 3 SECTIOI�T 4. 1�EliTT Al�D REI�T PAY[�lfE1�TTS As rental during the initial term of this Lease, Lessee shall pay to Lessor the sum of $300.00 per month in advance, with such payment being due on or before the fif�h day of each month, with the �rst payment �eing due upon the execution of this Lease. In the event Lessee exercises Renewal Option 1 and Renewa! Option 2 above, rental shall �e subject to negotiatian, at the time notification for the renewal option is exercised. Rental payments under the option periods shall be due and payable as described above. SECTIOI�T �. DEPOSIT (A� Lessee has deposited with Lessar, the sum of 5300.00 receipt of which is acknowledged by Lessor, a5 security for the full and faithfi�l performance by Lessee of the terms, conditions, and covenants of this �ease on Lessee`s part to be performed and kept. This deposit does not constitute advance payment of the final ren#al payment du.e under this lease, unless the express canditions specified in Subsection (I} are m�t. (B) Lessor agrees to hoid such deposit for Lessee, and it is understood ihat Lessor's claim ta such deposit shall be prior ta arry crsditor of Le�see, excluding a trustee in bankruptcy. (C) Excluding #�e final rental payrnent to be made under ihis lea5e, if at any tinle dur'sng the lease term, Lessee defaults in the payment of rent or any portian of rent reserved in this lease, or of any other sums expressly eonstituting rent, other than ad�ance rental paymenxs, Lessor may appropriate and apply any portion of the security deposit as may LEASE AGR�EM�NT Page 4 be necessary to the payment af the overdue rent or other sums expressly cQnstituting rent under thi� lea�e. (D) If at any tiine during the lease term, Lessee sho�ld fail to r�pair a.ny da�nage to t�e lea�ed premises that Lessee is required to repair under the terms af this lea�e for a period greaier than thirty (30) days after Lessor serves on Less�e written demand to make such repair, then Lessor may apprnpriat� and apply any paz-txan af the security deposit as may be reasonably necessary to make such repairs. (E} If on tern�ination oi this tenancy for any reason, Lessee does not leave the leased premises in a reasonably clean cQndition and in good repair, excl-uding norrna� wear and tear, then Lessar may appropriate and apply any portion of #he security deposit as may be reasonably n�cess�ry ta put the premises in clean conditzon and good repau-. As used in this lease "normal wea.r and tear" means deterioration that results from the intended use of dwelling, and does nai include tieteriora�ion that resu�#s from negligence, ca,relessness, accident, or abuse of the premises b� Lessee, by a member of Lessee's household, ar by a request of Lessee. (F) In the event actual cause exis�ts for retaining all or a�y portion of the security deposit, Lessor shall return the balance of the security deposit, if any, together with a written description and itemized Iist of all deductions. Such deductions shall be limited to damages �nd charges far which L�ssee is iegally liable under tt�is agreement or as a result af breaching this agreement. Lessor shall not b� r�quired to furnish a descrip�ion and iternized list af deductions i£ there are any ren�als due a.nd unpaid at the time Lessee LEASE AGREEMEN7 Page 5 surrenders possession of the premises and there is na controvarsy over the amount of rentals due and unpaid. (G) Within thirty (30) days of when Lessee surren�ders the pr�mises, any remaining portion of the secu�rity depasi�, after any Iawful deductions as above, shall be returned to Les�ee directed to the address left by Lessee specifically for such purposes. HOWEVER, LE�SEE SHALL 1�TOT BE EIVTIT'LED T4 Al�TY P4RTION OF THI� SECURITY DEPOSIT AS A REFUli�D �NLE�S LE�SEE GIVES LE��OR ttwc� i� {30} DAYS WRITTEN I'�TOTICE OF Il�TEl�T TO SURREI�DER TAE PREl�I�E�. {H) Should Lessor transfer Lessor's interest under this lease in any mantxear, Lessor must da one o� the fallowing acts, either of whick� will relieve Lessor of further liabilify with respect t� such deposit: (1) Transf�r the portian oi such deposit remaining after any Iawful deductions, as above, to the succ�:ssor in interest, and thereaf�er notify Lessee by registered mail of the transfer and the transferea's name and aadress. On receipi af Lessee of a statement signed by the successor in int�rest acknowiedging receipt of and responsibility for �he security depasit, Lessor's successor in interest sha11 have all of the obligaYions of Lessor with respect to such deposit; or (2) Return to Lessee the portion oi such deposit remaining af�er auy lavvful deductions have been made. (I} If Lessee has provided notice of susrender of the Leased Premise� in aecordance with Subsection (G) herein, and Lessor, in its sol�; discretion, de�er�nines that the leased premises are in satisfactory condi�ion and have been maintained in good repair, Lessee L�RSE AGREEMEIVT Page 6 may elect to have the balance of the s�curity deposit app4ied to L�ssee's fir�al payment due under this lease agreenaent. �ECT�OI�I' 6. UTII�ITY E�PEIiiSES Lessee, at his sole cost and expense, shali maintain and pay as they become due, all utility ex�enses, including but nat limiteti to, electric, gas, telephone, and water and sewer cha�'ges, p�us any other charges related to the Lessee's operatiian of the Leased Premises. SECTIOliT 7. REPAIR� AI�TD Ili�SPECTI4I�7� Les�ee agrees that, at his sole c�st and expense, he will keep ar�d maintazn the premises 'sn good condition. Lessee agress to make ali repairs necessary or as requested by Lessor to preve�t the premises from deteriorating in value or condition, e�cept for narmal wear and agin� consi�tent v�'ith normal usage. Lessor sh�ail have the right, through its agents and officials, to make inspections of the premises and thereafter make recommendations to Less�� about the premises. In tlus cannection, Lessee agrees that they s�a[l, within ten {10) days fron� the date of Lessor's recommendations, begin the recommended repairs. Lf Lessee fails to undertake the recommencied repairs within ten (10) days, Lessor may undertake the repairs it deems necessary. The cost of the repairs by Lessor sl�ali be paid by Lessee within ten (l Q) days after repairs axe completed and Lessor has i�zvoicec� Lessee for same. LEASE AGRE�M�NT Page 7 sEc�a�r s. USE UF PRE�ViISES Lessee agrees that ne shall not unlawfixlly use �he premises. Lesse� iurther agrees to maintain and palice ��ie premis�s and jmmediat� �vicinity thereof and to keep it clean and sanitary and in campliance with all ordinanc�s and regulations af the City of Fart Worth. In this connection, Lessee shall allow Lessar's agents to inspeet at any time the premises for campliance with this section, during normal business hours. Le�see further agrees not to do or keep anything in ar on the premises that �rill increase the rate a#' fue insurance. Lessee agre�s ta camply with all applicab�e federal, state a�d local laws anti regulations including ci�y Qrdinances. L�ssee, further agrees that if Lessor calls the attention of Lessee to any violation of such lavvs by Lesse�, LesSee shall immediately desist fron� or correct such violations. SECTI01�19. NOI�T�WAIVER It is agreed that by the execution oi this Lease, Lessor does not waive or surrencier any governmental powers. SECTIOI�T 10. L�CEI�TSES A1�D PERI�IIT� Lessee shall, at his sale cost and expense, obtain and keep in effect all licenses and permi�s necessary for th� operatir�n of t�e Leasec� Premises. LF�4SE AGREEMENT Page 8 SECTIOl� 11. CLAIl�IS Lessor �hall not be responsible for the loss, damage, or destruction af praperiy belonging to Lessee, bis agents, licens�es, and in�itees. LESSEE AGREE� TO Il�TDEII�TII'Y .A1�D H4LD H�I�ZII�ESS LE�S�R A1�TD IT� r�GE�1T5 FR011Z A1�TY CLAIl�S FOR LO�T, DAIV�AGED OR DESTROYED PROPERTY OR ARTY PER�O�TAL IliTJURY Il�CLUDIl�G DEATH. SECTTON 12. Il�TDEPEl�DE1�TT COI�TTRACTOR It is agreed that Lessee i� an independent caniracior and nat an agent, representative, or emplayee of Lessor; tlzat Lessee has exclusi�e right ta cont.�ol the details of his operations and shall be responsible far the acts and omissions of his agents, contractors, and subcontractors; that the dactrine of respandeat superior shall not apply to Lessor and Lesse�, thcir agents, cantraetors and subcontrac�ors; and that the Lease �hall not be construed as creating a partnership or joint enterprise between Lessor and Lessee. SECTION 13. Il�TDENl�LrICATIOli� LE�SEE COVEl�TA1�TT� A1�TD .AGREE� TO AI�D D4ES HEREBY Il�1DE1�lII'Y, HOLD AARNiT.ESS A1�TD DEFEI'�D, AT ITS O�,�VPT EXPEl��E, LE�SOR, IT� OFFICER�, AGEI�TT$, SERVAI�TT� A1�TD EIYIPLOYEE�, FROIVi Ai�1D AGAII�TST A1�TY APTB ALL CLAIlVI� OR SUTTS FOR PROPERTY L05� OR DAl1�AGE AND OR PERS0�1AL Ili�J[JRY, Il`TCLUDIli�G DEATH, TQ Al�TY A1�TD ALL PERS41�T3, OF WHAT�OEVER KI1�TD OR CHt�RACTER, R!'HETHER REAL OR A.�SERTED, ARISIl�TG OUT OF OR LEASE AGREEMENT Page 9 11�T COlY�dECTIOI�T WITH, DIRECTLY OR Il�TDIRECTLY, OCCUPATIOI�T Al�TID USE OF THE PREII�ISES BY LESSEE, ITS OFFICERS, AGEIiTTS, E1�IPLOYEES, SUBCOI�TTR�CTpRS, LICEI�TSEES OR Il�TVITEES, �'HETHER OR 1�TOT CAU�ED, II�T WHOLE OR Ili PART. BY THE ALLEGED I�TEGLIGEl�TCE OF THE OFFiCERS, AGEI�TT�. �ERV.AI�TTS. EIViPLOYEES, COI�TTRACTOI�. �iJBC�1�TRACTQRS,, LICENSEE� �D II�VITEES OF THE CITY; A1�TD �AID LE��EE DOES HEREBY COVEI�AI�T A1�TD AGREE T� ��SU1ViE �iLL LIABILITY A1�TD RESPOI�TSIBILITY 4F CITY, ITS QFFICERS, AGEl�TT�, SERVAla1�T� A1�TD EIVIPLOYEE� FOR A1�TY AI�iD ALL CLAIlVI� UR �UIT� FOR PRQPERTY LOSS OR D�GE �ili�D/OR PERSOIi�AI, Il�TJURY, Il�TCLUDII�G DEATH, TO A�IY A1�TD ALL PERSOI�T, OF VFJHATSOEVER �D OR CHARACTER, WHETHER REAL OR AS�ERTED, ARI�II�TG �UT (�F OR Il� CO1�l�ECTIOl�i WITH, DIRECTLY OR Il�DIRECTLY, OCC�CJPATIOliT Al�D USE OF THE PREll�IISES BY LE�SEE, ITS OFF�CERS, AGEIlTTS, El�PLOYEES, SUBCO1�tTRACTQRS, LICEI�TSEES OR Il�VITEES, WHETHF� OR l�TOT CAUSED ll�l WHOLE OR I1�T PA►RT, BY THE ALLEGEID NEGLIGEIITCE OF THE OFFICER,S, AGEI�TTS. �ERVAliTTS, ElVIPLO��, C�l�TRACTORS, SIISCOI�TTRACTORS. LICEllTSEES AI�D Il��1TEES OF THE CiTY. LE5�EE LII�9VISE COVEleTAl`TTS AF1D AGREES TO, AhTD DOE� HEREBY, Il�iDEIVII�iIFY A1�TD HOLD � AR� [.ESS CITY FR�i�i AI�TD AGAII�T�T Al�TY A�TD .ALL Il�TJURIES, DAIViAGE, LOSS OR ➢ESTRUCTIQl� TO PROPERTY OF CTTY D�UY2IPTG THE PERFOR1VIAliTCE OF AI�Y DF THE TERIVIS .�1�TD COI�TDITIO1�iS OF THIS COi�TTRACT, �HETHER �iRiSII�G OUT UF OR Il�T COI�TEC'T.iOl�T R'ITH OR RESULTIl�iG FRQ11+�, Il�i WHOLE OR II�T LEASE AGREEMENT Page 'EO PART. Ali�' AI�TD ALL ALLEGED ACTS OR O1VIIS�IONS OF THE OFFICERS, AGE�iTTS. SERVANTS. EIVIPLOYEES. C�l�TRACTORS, SUBCOI�TTRACTORS, LICENSEES Il�VTTEES OF THE O�lYER SECTION 14. LIABiLITY Il�TSURt�1�iCE - PREIVII�ES A. L�ssee shali, at Lessee's expense, maintain in effect, bndily injury liab�lity anc� property damage liability insurance narning Lessor as an insured in connection with the use ar condition of the Ieased premises, in a.n amount not Iess than ONE NIILLION AND N0/100 DOLLARS ($I.,OQ0,000.00) for Xnjury io or death of one (1) persan in any one (1) accident or occurrence and in an �mount o£ not less than �NE MIL,LION AND No/104 DOLLARS ($1,000,000.00) far injury to or d�ath of rnore ihan one (1) person in any one (1) accident or occurrence, and against liability for prQperty damage of at least ONE H[TNDRED THOUSANll ANU N0/100 D�LL,A_RS ($100,060.00), The limits of such policy shall nat limi� the liability af Less�e h�reunder. B. CERTIFICATES OF IlVSUR.ANCE. Lessee shall furnish Lessor a cenificate of �uch insurance executed by the insurance campany issuir�g such policy, stating that such insurance will not be cancelable by said company for any reason ur�til after ten (10) days' written natice to L,essor. If Lessee shall fa.il �o pay any prernium upan any such insurance prior to its due daie, then Lessor may, but shall not be obligated tn, pay the amaunt af sucl� premium, in which event L�ssee agrees, upon demand of Lessor, to pay and to reimburse ta Lessor �he amount so paid by Lessor, toge�her with int�rest thereon at the rate af twelve percent (12%) per annum from the date af payment by Lessor to date of LEA5E AGREEMENT Page 11 reimbursement by Lessee. The amount of the reirnbutsement shall be considered as additional rental due hereunder. Lessee agees that all policies of insurance obtained by it shall provide far a waiver oi subrogation as �.gainst Les�or. Further, the City of Fort Worth shall be endorsed as an addiiional insured on all Lessea's insurance policies. SECTIO�T 15. LIE�I' Lessee grants �o the Lessor a lien on al� of Lessee's personal property located in the premises as a possessary pledge to secure the timely performanc� of Lesse�'s obligatio:ns. In the event ofLessee's defauit, the Lessor is autY�orized to seize all afLessee's persona.l property and to sell i� at pub3ic or private sale and apply the sale proceeds fir�t to pay the expenses of sale, and next to pay all amounts due Lessor. The remaining balance sha11 be paid subject to Lessee's order. A copy of this Lease sha.11 be the oniy watrant required. SECTIQI�T 16. TER�ATIaI�T Lessor shall have the right to terminate this lease at any time %r an� reason unrelaied to Lessee's de£ault or breach of any of the terms expressed herein by giving Lessee tlzirty {30) days written notice prior to the intended termination date. Lessor rnay terminate the lease immediately upon any default o� breach of any af tl�e pro�isians here�xnder witha�t any priar notice io Lessee. Sa.id noiices shall be deemed effective as of the date they are mailed. If Lessee elects to ternunaie the lease because o� any alleged default or breach by Lessor or any lease pro�isions, Lessee shail be required to give Lessar irnrnediate notice of said intention in writing s�ating specifically tk�e reason,s there�or and LEASE AGREEMEMT Page 12 allowing Lessor thirty (30) days after the date of Lessor's receipt of such notice to cure any or all default(s) or breach(es) specified in said natice. If the specified default(sj or breach{es} af Lessar are eured within said thirty (34) day �eriod, Lessee shall be deemed to have waived said specified de�ault(s} or breach{es), and this lease shall continue to be effective unless terrninated pursuant to some other provisions sp�cified herein ar by virtue af some subsequent uncured default or breach of Lessor,.in which cas� Lessor shall be er�ti�led ta any additional natice period required by the terms of this lease. If this Iease is terrninated under this Section, ar as a result of the expiration o£ tk�e lease term or �y renewal period, neither party s�all have any further of�ligation or liability to #he other under this lease, exc�pt that Le�see shall be liable for the breach of any term, covenant or conditian cantained in this leas� occurrit�g prior to the date af the surrender of the premises by Lesse� pursuant to the termination. Lessee shall be bound t�y the terms, covenants and conc3itions expressed herein �xniil Lessee surrenders the premises regardless of whether the date of surrender coincides with the date of termination of the lease. The waiver by Lessor of any default or breach of a term, covenant or condition of this lease shall not be deerned to �e a waiver of any other breach of that te�m, covez�ant or condition or of any other �er�n, covenant ar condition of tk�is lease, regardless of when th� breach occurred. Further waiver b� Lessor oi any defauit or breach of a term, covenant or condition af this L�ase sha11 in no way impair th�e rigbt o£ �he Lessor ta a,vail itself of any remedy for any subsequent breach thereof. LEASE AGR�EMENT Page 13 SECTIQ1iT 17. �ro�r�w��t �n nE���,Y. Th� acceptance by Lessor o� fees for a.ny periods after Lessee's default shall not be deemed a. waiver of any of Lessor's right� to canc�l this Lease for Lessee's breach. No waiver of default by Lessor of any af the terms of the Lease to be observed by Lessee shall be con�tn�.ed tv be a waiver of any subsequent default by Lessee of any of the terms of the Lease. Lessee further agrees at the end of the term of the Lease to deliver to Lessor the premises and all improvements thereon in good and vacant conditian, e�cept �or reasonabie wear and agng consistent with normal usage. SECTIOliT 1�. NQ1�i�APPLIGABILTrY OF LIE1�T� Lessee agrees ihat he shall have na power to do any act or malce any contract that may create a lien on the pre�is�s, structure or real property thereon and any contract ar lier� created shall �e vnid. Lf any Sien is crea�ed or filed against the �remises, stn�cture, or real properly ther�on, Lsssee, at Le�see's expense, shall have the lien discharged within ten days after the filing thereof; and Lessee's failure to discharge the lien s�aall constitute a breach of the Lease. SECTIOPT 19. ADDRE�SES All notices under this Lease add�-essed to Lessar sha11 he sent by certified mail addressed tD: City of Fort Worth, Rea1 Property Management, 927 Taylor Street, Fort Worth, Texas 76102; LEASE AGREEMEN� Page 14 All notiees under this Lease addressed to Lessee shall be sent by c�rtif ed mail address�d to: BOBBY FRANKS P. O. BOX 547 JUSTIN, TX. 7GZ47 Any party to #his Lease may designate in writing any changes in their addr�sses by giving written notic� ta the other party. SEC�ON �a. EFFECT OF BA,�TKRUPTCY Lessee agrees that if any proceedings in bankrup�tcy or insolvency are i��ituteci by or against Lessee, the Lessor may, at its option, declare the Lease terminated; a.nd upan such d�claration, Lessee agrees to give immadiate possession to the Lessor of the Premises. SECTIOI�T 21. l�IOli�eASSIGI��jBILITY Les�ee agrees ihat he shall not sublet or assign any part of his rights, pri�ileges, or duties under the Lease without the prior written approval of the Lessor, and any attempted assignment without t�e prior written app�oval ofLessor s�all be void. SECTIOliT �2. TAXES Lessee shall pay pramptly all t�es, montniy charges, assessments and/or levies of any nature or character whatsoever which may be law�ully assessed, taa�ed, le�ied ar made against the leasehold estate hereby created and/or any improvem�nts or persona.l praperty lacated on the Leased Premises. LEASE AGREEMENT Rage 15 sECT�o� 2�. v�v aE Les�or and Lessee agree that venue for any suit ar cause of action shall be in �arrant Gounty, Te�as. SEC7TU1�124. E1�TTIRE AGREE11�E1lTT A1�TD SEVERABILITY This Lease ccan�titutes ihe entire agreemem of the Lessor and Lessee, and it supersedes any prior oral or wntte� agreements abaut the leasing of ihe Premises. Further, If one or mare of th� provisions of this Lease is held invalid, unenforceabie or illegal in ariy respect, the remainder of the Lease �halI remain valid and in full force and effect. r.F��nu• C�T : APPROVED S TO FORM AND LEGALTTY City Attorney� ATTES'�: I� c.��. � ( a� �.�- �7 � /U • �� �. / ��� C�ty Secretary Date:� , LESSEE: By: � � � �./'�� � (D 130� ��rti ��1,�� /,��,�.��L C��, �. � D �� �.� Title � _. � � -� � C,�. ContraC't AbithO�$�B�L$Alg .. ' I [ -' .y; -- �.� � y ��t�e - - - �'� � •VQ� I?L���� !., . .,o� _ , ' �� _- LEASE AGREEMENT Page 16 Date: STATE OF TFX.AS � CC)UNTY OF TARRANT � This instrument was acknowledged before me this the �� day of � , 20, a� . by �,�� �� , Assistant City Manager, on behalf' of the City af �ort Worth. a fP�Y P 6� ROSELLA BARNES x+ �� NOTARY PUBLIC �� '. 'h State oi'�'axas � �q�....�4 .�?��� Comm. Exp. 03-31-�fl06 M����H , II �y^���i�liii��' ' 1� !�ii I I I 1.. ���� ��� Notary Public, State of Texas LEASE AGREEMENT Page 17 , .� STATE O F TEXAS COLTNTY O1� TAI�RANT � This instrument was acknowledged before me this the �' � dap af ��-� bp Bobby Franks. sr—�1' aue_ �v�— #f�$p.a.53aP' 're...� . ..a.,.sa�s.. r� A �i-ll�i�� ����i� _ iVBtarryP �I� 9P ' � � * �T14i� � Y�Q� _ �'aF �7y cor�, �xp, o�/t�s�2� �,,,,�,�,,...,�.�q.._w...•w�.,,-..e�� _..,..s....�,.�:�..__w otary Public, Sta. Texas , 20 ��:— LEASE AG�2EEMENT Page 18 EXHIBIT A _ �r ;��� ___.. .. -- - I � , {� la? ! IN 1� % � . iS AC IR 1 ' .j.�i ' }.53 ' . 'i�.os �c � � � . � - � � � � � � ' • ASN4 p � � � � S �S11A q � • . a".as : i s�a• . . A_, � _ I � ./ � _ ,A » �a • -- --_ . : .- . . . . .. . , . 1 : '• . : . � �J . ` � � I� 3f ` ioa.�t x � � � . � �e Ta ! (((��� d�� ra �x � . • 7.71L ' � . I�\ � 1.i�� 8C I �� � � 4 ago r4N i . . � t" �i • � � p 5�� � 1 � . � � E xOPKfHS p0. C0. A0. �i05 • P' t SR 2t - / y 16 ' . 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' . - .A.2 .% , � ' i� 1\ . / � ' 15.77� 1� � . �II 10 }.�� ...� _.. -- � —7 , �. i � . .. � . . � � � 1� � . ��' � � � d � � D5 � � � � � U���� . . ��.4�� 1 ! . � _-. -.___:- ----- - �.- . _._ . f --.- - - --_....�_____��'_� ��.�e���,. � ��� � Page 1.7 �'ity of Fort )W"o��h, T'exas l�iayor ��nd Counci[ Cor�mur�ica-tio� DAT� 7i2�az suB��cr REFERENC� NlJMBER LOG NAME ��13344 �5�usriN PAGE 1 af 2 LEASE AGREEMENT WITH BOBBY RAY FRANKS DIBIA JUSTIN BUILT FENCING F�R PROPERTY LOCATED AT 680 HARM�N ROAD (DOE �658) RECOMMENDATION: !t �s r�commended that the C�ty Council: 1. Autharize the City Manager to execute a lease agreement with Bobby Ray Franks dlbla Jus#in Bui�t Fer�cing for the Property located at 68Q Harmo.n Road for $300 per month; and 2. Autl�orize this agreement �o begin June 1, 2002, �and �xpir� May 31, 2003, with optians ta renew for kwo one-year p�riods. DISCUSSION: This praperty is located within th� 65 decibefs LDN (Day-Night So�nd �L�v�l) and was purchased by the City #o tacilitate noise mitigatian at Fort Wo�th Allia�ce Airport. The Engineering Departmer�t, Real Praperiy Services Division, at t�e request af t�e Aviation Department, marketed the property for leas�. The property, which is located sauth of Alliance Airport, cansists of fi.79 acres with a 9,190 squar� faot metal quans�# barn. The property was previously Eeased alflng with the adjacen# residential praperty at 650 Harman Road. The lease on 650 Harman Road was recently terminated, allawing this property to be spGt out and leased separately. No utilities are provided to the site, and the use af the facilities wifl be for staring fence building material and equipment related to th� erectiQn ar�d repair of pipe and steel fences. It is r�cammended that the property be leased �eginning ,lune '1., 2002, and axpiring May 3�, 2003, be canceled by the City at �he end of eaci� term. o Bobby Ray Fran�s dlbla Justin Built Fencing wiih fi►vo ane-y�ar ren�wal options. The lease may The monthly feas� amount af $300 was estabfished based upon a rental survey of comparabl� warahouse space, loca#ian, and cflndition of the exisiing improvements, After ma[cir�g adjustments, staff determined that the fair market rentai far tE�e subject property is $3aQ per month. Assuming a lease start date of JUIy �, 2�02, it is anticipated that $9D4 will be callected 9n the curren� fiscal y�ar. This property is located in Tarrant County, Ma�sco 7X. �'ity of'.l�ort Worth, Texas M�yor a�d Cou�c�[ Co�nmur�ic��tEo� DATE R�FE�ENCE NIJMBER LOG NAME PAGE 712102 �d'93344 �SJUSTlN 2 of2 sUg��cT LEASE AGREEMENT WITI-I BOBBY RAY �RANKS DIB A JUSTlN BUIL.T FENCING FOR PROPERTY LOCATED ,AT 68Q HARMON ROAD (DOE 0668) FISCAL INFORMATI�NICERTIFICATION: The Finance Director certifies that the Engineer�ng Department, Real Property Se�vices Di�isian is responsible for the collection of funds due to the Gity under ihis agreement. BG:k !," Su�mitted far City Manager's OfSce by: Bridgette GarrettlActing Originating Departmeni Head: Lisa Pyles Addifional Information Contact: Lisa Pyles I FUND �ACCOUNT I CENTER � (to) � P�40 240000 �OO�ObO 6140 - 5443 (from) — - � � --- — -- � 5403 � AMOUNT CITY S�CRETARY �soo.ao I APPROVED 07/02/02 �