HomeMy WebLinkAboutContract 27879;
ClTll SE�R�TAIr�VoC����
CO�h�FRAC� � .
1VV][OI���'ICA�'i41�T OF I�E.A.S� AGREENI�E1rT'T
��E ST'A,T� �� 7�EXAS
��iJN1'��I flF TA�iI�'I`
�NO'V'f� .t�]I.]I. �� TI�SE �1�ES�1�I'I`S
'�'H.t�T this Modification of �.ease Agreement is znade az�d entered into between
Roos�velt Burrell d.b.a. Cowtown'Traffic �ont;rol ("I.essor") and the City of Fort Wort1�,
a municipal carporation, ac�ng by and �hrough its duIy authorized representatives
("]Less�e") for and in consideration of One IDollar ($1.00) and othc;r gaod and valuable
consxdera�ion, rec�ipt of which is hereby acl�owledged.
�Ci1 �� �X ! - -��I1� i�
1. 1Lessor and Lessee hereby confirm a�ad ratzfy, except as madified below, all af the
terms, canditions and cov�nants in t�at certain Lease Agreement with City
Secretary Contract No. 25179, sign�d August 25, 1999, and the renewal of Iease
Ietters, for offtce space located at �603 ]F�orne Street, ]Eort Worth, �'an'ant County,
Texas 75109.
2. ]Lessor and I�essee agree that e�ective August 16, 2002 the lease shall be
extended for a term of one {i} year and shall expir� on August 15, 2003.
3. i�ssor and Lessee agree that the City oi]Eort Worth shall have tYte option to
f�her renew the I.ease faz successive terms o� 12 months each up to a ma�imum
af Lwo successive terms.
�-. Lessor and ]Lessee agree that for the term ef�ect;t�e August 16, 2002 and any
subsequent �xtensions af the lease, the rental payment shall b�: $250.00 per
manth.
5. All othez t�rms and conditions of the original ]Lease Agreement remain unchanged
and in full fo;rce and effect.
.� -i.
EX]EC�T]['�Y� thisotJ'' day of �
I.ESSOR:
l�oosevelt ]Burrell d.b.a.
Cowtawn Traffic �ontrol
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lBy:
Rvosevelt Bzurell
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Contra� Pauth�ori���iv�r
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Date
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�,]ESSEE:
The Cityfof Fort Wor.,�h
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City Secre
Appraved ta Fxom and Legality:
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the unde�signed authority, a Nataz'y Public in and for the State af Texas,
on this day personally ap�eared �oo�s�zg ���t _ , knawn ko me to be the
same person whos� name is subscribed io the faregoing instrument, ar�d acknow�edged to me that
the same was the act of �das�T ��� and �hat helshe executed the same
as the act of said /�a�s�/�� � s.e�.�_
consideration therein expressed and xn the capacxty therein stated.
GNEN UNDER MY HAND AND SEAL OF OFFICE this
, 2002.
� i�-f�..�.
for the purposes and
� �}h dayof
l�'�'lfi �t._��
Notary blic �n and for tihe State of Texa
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; RAMONA D, WG� �' �
�' ' Notary Pubilc, Stata o_ _ �
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STATE OF TEXAS
COUNTY OF TARRANT
0
0
BEFORE ME, the undersigned a�th�rity, a Notary Public in and for the State of Texas,
on �is day personally appaared I.ibby Wat�an, known to me to be the same person whose name is
subscribed to �he faregoing instxument, and acknowledged to me that the sarne was the act of Libby
Watson and that sh� executed ihe same as the act of said City of Fort Worth far the purposes and
conside�ration thsrein expressed and in the capacity tYierein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE t�is
, 2002.
��YA�., RpSELiA BARNE5
2a�,,, �..��n
NOTAAY l�UBLIC
�,�� �y State ot TeXas
'�.'�Q��' Corr►m. �xp. 03-31-2005
�N�aM"
4 1r I�n �i .� „ n � n �,-� o �, �� �i -� i� r�
�`�� day of
� - `� �
��{-�----'� -'1 1.
Nataz�y Public in aud for the 5tate of Texas
�'ity of 1�art �o�th, �`exas
�� �� - � �I ,� - -- , � i
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�o��,tr����.��on
DATE REFERENC� NUMBER I LOG NAME PAGE
SI17199 **��'� 7600 3�STORE�RONT � 1 of 1
suB��c�r EKTENSION OF LEASE FOR THE POLICE DEPARTMENT WITH ROOSEVELT
BURREL�, DBA COWTOWN TRA�FIC CONTROL, FOR A POLICE STOREFRONT AT
4603 H�RNE STREET
RECOMMENDATIOM:
!t is recommended that tf�e City CoUncif.
�. Authorize the City Manager to execute a[eas� extension with Roosevelt Burrell, dba Cowtown
Traffic Cantrol, for ofi�ice space located af 4603 Horne 5treet a� a cast ofi $2,760.00 per year; and
2. Approve fhe lease ext�nsion term of one year starting August 16, 1999, expiring August 15, 2000,
with two options ta renew for one year each. '
DiSCUSSl4N:
At tf�e request of the Police Department, Real Proparty Management negotiat�d a lease ext�nsion with
Rooseve�t Burrell for office space to be us�d far a police storefront by neighborhood police officers.
The lease extension ferm is for one year, with twa ane-year op�ions to renew, There is a rental charge
ofi $230_00 per month for the space. The City has leased this space si�ce Augusf 16, 1994, ar�d is
responsible for fihe payment of teiephone, electrici�y and water services.
FISCAL iNFORMATION/CERTIFICATfON:
The �ir�ance �irector certifies t�a# funds are available in the current opera�ing budget, as appropriafied,
af the Crime Contral and Preven�ian District Fund.
LW:k
Submitted far City Manager's
Office by:
Libby Watson
Originafing Department Head:
Thomas Windham
Additional Information Cantact:
Thomas Windham
I�� I ACCOUNT I CEI�ITER
I (to)
I
6183
4-8385 I (from)
� GR79 539120 0354700
�
4-83 85 �
AM�U1�iT
$2,760.00
CXTYSECRETARY
APPROVED 8/?7l99
�[7'Y S�CREiqF�Y
CON'�RACi �R�B . � �I rI �
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF TARRANT
This lease agreemen.t (Lease) is made and enter�d inio this, the _day of , 194_9 ,
the effective dafie hereaf, at Fort Worth, Texas by and beiween Roosevelt Burrell Dba Cowtown
Tra£-fic Contral (Lessor), and the City of �ort VVorth, a municipal corporation, acting by and thraugh
ifis duly authorized representative {Lessee}. The term "Lessor" shall include the agents,
representatives, employees, and cani�actoars af Lessor. The tern� "Lessee" shall include �he agents,
representatives, and employees af Lessee.
SECTIOl�i 1. Leased Premises. For and in considerafion a� tl�e rental payments to be paid under
this Lease, Lessor Ieases to Lessee and Lessee Leases from Lessor:
Office Space of appraximately 564 sc� feet, located at
�4f03 Horne S�treet , Fort Woz�t�, Texas 76109.
The office space, together with any and all struetures, improvements, fixtures and
appurtenances thereon, ihereunder or ov�r, shall be referrec� to as �he Leased Prem.ises.
SECTTOl�l' �. Use of nremises. The �easad premises shall be used as office space for the Fart Worth
Police Department, including off duty police officers; Citizens On Patroi; or a.ny aihex office use so
design.ated by the City o� Fort Worth.
SECTIOI�I 3. Term and Rent. This lease shall be �or a pez�od of one year commencing on
Au�usi 16 , 19 99 , and terminating on A�.gust 15 , 2000 , unless a prior ternunation is
effected by eiih�r Lessor or Lessee under the termination provisians of ihis Lease. Lessee shall pay
Lessor rent o£ $230.00 , per month . Tha rental paym�ri� shall be made t� the Lessor on the
f�urst day of the manth. �-
This Lease ma� be auiornaiically rex�ewed for successive terms of 12 months eaeh for up to a
maximum af two succassive terms, subjec� to #he ternzination pravisions of this lease. The terms of
t�iis Lease shall continue to govern and control the relationship vf the �arties during any renewal
periods.
SECTION 4. T�es, �nsurance, Utilities, Care of the of the Leased Premises. Lessor agrees to be
responszble £or the paymen� of aIl naiural gas charges that come due. Lessee to be responsible for
electrical, water, telephone or other utility charges that come due and payable duxing the �erm Lessee
occupies the Leased Pramises. Lc;ssar agrees ta pay all ta�es and insuraxiee as they come due. Lessor
shall keep the Leased Pr�mises in good, clean and habi#able conditian, nortnal wear and tear
excepted.
City of �'ort Worth Lease Page I
Lessor shall mainfiain in goad repair ihe roof, foundatian, exterior walls, heating air conditioning,
elec�rical, and plumbing of the Leased Premises. Lessee agrees to give Lessor written notice o�
def�cfs or need far repairs in the roof, foundation, exterior walis, heaiing, air conditioning, elec�rical,
and plumbing of the Leased Premises. If any repairs required to be mad� by Lessor axe not
conunenced ar rnade within seven calendar days after written notice is delivered to Lessor by Lessee,
Lessee may terminate the Lease.
SECTION �. �nsuranca Lessor agrees to insure the strtz.cture and premises of 4603 Horn� �treet
Fort Worth, Tarrant County, Texas. Such insurance shall provide protection for liability, f re and
casualty, and property damage for the proper�y owned by the Lessor, situatad at, and including, the
Leased Premises. Verification of this coverage shall be provided to Lessee prior to the exec�tian of
t�is contract. Lessee assumes no liability or fznancial obligation far the acquisition or rnairrtenance of
such insuranca; all costs incurred duxing the course of insuring �he premises shall be barne solely by
the Lessor.
SECTIOI�I 6. Liabilitv and Hold Harmless. Lessox covenants and agrees to release, indemnify,
hold harmless and defend Lessee, its of�icer�, agents, servants, and employees, from and aga.inst any
and ail claims o� suits �ox pzaperty damage, personal injtuy, or any other type af Ioss or advexse
consequence ;re�ated in any way �o the existence of �his sublease or the use ar occupancy of �he
Leased Premises, regardless of wl�ether the act ar omission complained o� xesults from the alleged
negligence or any other act or omission of Lessox, Lessee, ox anq third party. Lessar shall Iikewise
release, indemnify, hold harmless and de�end Lessee from and aga.inst any and all claim� or suits
related in anq way to any damage to, or defects in, the Leased Pr�mises ar any othex adverse
consequences related to the Leased Premises, regardless of whether �e act of omission complained of
result� from the alleged negligence or any othex act or amission of Lessor, Lessee, or any third party.
SECTI011T '�. Fixtures . Lessox herein agrees that no property ar equipment, owned or installed by
Lessae, ar an� representa.tive of Lessee, shall, under any circ��ances, becom� a fixtur�, and that
Lessee shall reserve the xigb.t to remove any and aIl such property or equipment at any tam� during the
term o£ �his lease, or suhsequent to its terminaiion by either party. Lessor fiirther agre�s ihat she�e
v�i�X, at no t�me, hold or refain, any property owned or ins�led by Lessee, for any reason whatsoever.
SECTION 8. Termination and Ri�ht of Insnect�on . Le�sor az�d Lessee shall have the right to
terminate ihis Lease at any time for atiy reason unrelated to Lessee's or Lessor's defatait ar breach of
any of the terms expressed herein by giving Lessee or Lessor 30 days° written notice prior to the
intended termination date. The notice shall be deemed effeciive when deposited by Lessor in United
States mai.l postage prepaid, certified mail, reiurn receipt requesied, a�dressed to L�ssee.
If Lessee elects to terminate #11e Lease because of any alleged default ar b�each by Lessor af
any Lease provisions, Lessee shall be requixed to give Lessor immediate notice in wri�ing af �hat
intentian stating specifically xhe reasans therefor ar�d ailowing Lessor seven calendar days after the
dat� of Lessor's receipt flf the notice to cure any or all defa�lts(s} or breach (es) sp�cified in the
no�ice. If the speci£'�.ed �defaults or breach (es) af Lessor are not cured to th� satisfactian af Lessee's
Adminisl�rator af Real Pro�erty Management, the Lease will be terminat�d.
City of Fart Worth Lease P. age 2
,•
If this Lease is tenx�ina�ed under this section, or as a result of the expiration of the Lease term
or any renewal period, neither party shall hava any further obliga�ion or liability to the other under
this Lease, except that Lessor and Lessee shall be liab�e for the breach o� term covenant ox canditaon
cantained in �his Lease occurring priox ta the date of the surrender of the Leased Premises by Lessee
pursuant to the termination. Lessor and Lessee shall be bound by the terms, covenants and canditions
ex�ressed herein untii Lessee surrenders the Leased Premises, regardless of whether tha c�ate of
surrend�r coincid�s with th� date of termination of the Lease.
Lessor reserves tihe right to ente�r upon the Preznises at ail xeasona�le times �or the purpose of
inspec�ing t�e Leased Pxemai�es, provided tk�at such entry does not conflict with Lessee's rights
hereunder.
SECTTOI�I' 9. F�ndin�. NonoAnnronriation and TerminatioQ. This Lease shall terminate in the
event that the governing bod� of Lessee shall fail to appropriate sufficient funds to satisfy any
obligatian af Lessee hereundex. Temunat�on shall be effective as of the last day of the fiscal period
for which sufficient funds were appropriated or upon expend.iiure of ail appropriated funds, wluchever
comes f�rst. Tarmination pursuant to this non-appropriatian clause shall be without further penalty or
e�pense to either pariy.
SECTTOl� lU. Surrender af Leased Premises. Upon the �ermination of this Lease far any reason
whatsoever, Lessee shall surrender possession of �he Leased Premises in the sasne condition a.s the
Leased Pxemises were in upon delivery af possession under the Lease, reasonable wear and tear
excepted. Lessee also shall starrender all keys far t.�e Leased Pr�mises ta Lessor at the place ihen
fixed for the payment for rent and �hall inform Lessor af ai1 combina#ions on lacks, sa.fes, and vauJts,
if a�a.y, an the Lea,�ed Pr�mises. Lessee shall remove all i�s fixrnitttre and equipment on or before the
iermination of the Lease; and Lessee sha.11 be respansible for repairing any datnage to the Leased
Premises caused by the removal of furniture and equipment.
�ECTIOIlT 11. Governmental Regulations. Lessee agrees to comply fullq with a11 applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or re�ulations in connection with use
of the Leased �remises, Provided, however, Lessor (i) shall make all improvement� necessary to
make the Leased Premaises comply with the .Americans With Disabilities Act of 199Q {"ADA°'}, 42
U.S.C. § 12101 e_t sec1., sha11 fully indemr�ify and hold haxmless Lessee from and against any an� all
claims, losses, damages, suits, and Iiability of every kind, includzng all expenses of litigation, arising
out of or in connection with ihe Leased Premises' compliance, or Iack af compliance, �ith ADA, and
(ii) shall make all improvements necessary to correct andl or ahate a11 environmenta.I k�azaxds o� the
Leased Pxemises.
SEGT�DN 1�. Accentance of Leased Premises . Lessee represents that it takes the Leased
Premises in good condition and that fhe Leased Pr�mises are suitable for the purposes for which t�ep
are being leased. �
SECTI�I� 13. Assi�men� Lessee shall not assign or sublet this Lease withou� the prior written
approval of Lessax. Upon issuance of such appraval, this Lease shall be binding on the successors,
and lawful assignees of' Lessor and the successoxs of Lessee, as permitted by ihe terms of fihis
City of Fort Warth Lease Page 3
agreement az�d by the Iaws assignment or sublease shall be subject to all fihe responsibiliiies and
liabilities of Lessee arid shall be subject to alI pravisions regarding termination and evictian.
SECTrON 14, Police Protection. Lessor a�rees arid understands that Lessee in no way promises to
provide increased police pratect�an or more rapid emergenc� response tim� because of this Lease. Na
special relatianship shall exist between Lessor or Lessee other than that of landlord and tenant.
Lessee shall provide no greater police pr�tection to Lessor than is provided to all other residents and
businesses af the City of Fort Worth.
�ECTION 1�. Notices.
All notiees to Lessor s�a.il be sen� io:
Roose�elt Burrell Dba Covvtown Traffic Cantral
4603 Harne Str�e� � � �
Fort Worth, Texas 76109
All no�ices to Lessee shall be sent to:
Fart Worth Police Department
Administrator, Fiscal and Equipment Management
35p Wesf Belknap Street
Fort Worth, Texas 76102
As we11 as to:
Administ�atar, Real Property Management
City of Fort Worth
927 Tayl�r Street
Fort Worth, Texas 76 T Q2
Mailing o� all notices under the Lease shall be aeemed sufficient if mailed postage
prepaid and addressed as specified change in the other party's address. All time periods
ralated to any notice requirements speczfied in the Lease shail commence upan the terms
specified in the section requiring the natice.
SECTIOl�T 16, Entirc 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 1�7. Waivers. One or more waivers of any covenant, teren, or condition of the Lease by
either Lessor or Lessee shall not be . consirUed as a waiver of a subsequen� breach o£ the same
covenant, term, or condition pr any ather covenant, term or condifion of the Lease. The consent or
a�proval by either Lessor or Lessee to or of any ac# by t1�e other party requiring such consent or
City afFort Warth Lease Page 4
appxoval shall not b� 'deemed a waiver or render �.ecessary consent to ox ap�rovai of any
subsequent act.
SECTION 18. Venuc. This lease and the relationship created h�reby sha.Il be governed by the laws
af the Stafie of Texas. Venue for any action brought to int�rpre# ox enforce the terms of the Lease or
for any breach sha11 be in Tarrant County, Texas.
SIGNED this o�'day of ,,�,��
��
LESSOR: Roasevelt Burrell
Dba Cowtawn Traffic Co ol
By. ��� �
�� �` ���
Name: �,��
Title: ���
,199�
LESSEE: CITY�O� FORT WORTH
�
Name: C.�f'1� L�E/!�'i�'rr�..
Title: �� � ,� � � ,
— ��
A ST:
�
J -C-�c.f��.%
City S�aretary
Date: ��a���
APPROVED AS TO
FORM AND LEGALITY:
� ��'
� � �
Crty Attorney, or His Designee
M&C Na: � -' / �]� ��
con���t rro:
��'/��
City of Fort Worth �euse Page 5
STATE OF TEXAS §
COUNTY OF TEXAS §
BEFQR.E ME, the undersigned au�hority, a NotaYy Public in and �ar the State of Texas,
on tlus day personally appeared�'-�YQ.�+�� C�� ��� , known to me to be th�
same person whase name is subscribed to the foregoin� instrument, and acknowledged to me that
tl�e same was the act o�OC,)S�l%�l� s_ l�-�'t`e.� ��sfand that he/she executed �e same
�
as the act of said�Q���if�1�{-�1��''� �-L� ��f` �or the p�uposes and
considexation therezn expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
.�,,A.�.. �.t �i_`� , 199=1
�
� �
Notary lic in and r the State o� Texas
..��t� ..c� . �a ���
�a.�wnv a��n
�-�,,. * JUI]Y L. CARTE}�
'�? . hlol3ry Pu611,. C ..•,c
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'�Te rs } biyCommi4��.,. _.,,�
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City ofFart Worth Lease Page 6
STATE OF TEXAS §
COUNTY OF TEXAS §
BEFORE ME, the undersignec� authority, a Notary Public in and for the State of Texas,
on. this day persanally appeare��V� ��—��C'�'�� 1 J Y' , I�own to me to be the
saane person wha,se name is subscribed to the foregaing inst�u.ment, and acicnov��edged to me that
the same was the act of��]OS� 1/�l`�-- c txr�'� ���►f' and that helshe executed the same
as the act of said����/��,�— ��-rr�. �1 �� for the �urpos�s and
considera�ian therein expressed and 'm the capacity therein stated.
GIVEN UNDER MY IIAND AND �EAL OF OFFICE thi5 � day o�
�- � 1 ��_ �
� r
Not ublic in d for the �tate of� as
-�+vedi �i ���.n:i �u��d �i - �
} JIiDY L. GARTER :
Aataty Pu611c, Sh�te of Texas �
- � F� R1yCammissfonExplres04-2&2ou9 ;
P
1 II'ill i �• i, 1 I II e�V��� �Il�i���
Cify of Far1 Worth Lease Page 7
� .!'_� � .. ir
Legal Descripiion:
Lot:
Block:
Addition:
As recorded in:
Volume , Page , Deed Record�, Tarrant County, Texas
City of Fort Worth Lease Page 8
iCity of �ori T�orih, Texas
���o� ��� Coun�i� Co�rr�u�ic�tior�
�AiE REFERENGE NUMBER LOG NAME PAGE
711 fi1�2 *�'�_� �3�� y 35HORNE � 1 af 1
sus��cT APPROVAi. OF LEASE EXTENSiON FOR THE POLICE DEPARTMENT AT 4603
HORNE STREET FROM ROOSEVELT BURRELL DIBIA COWTOWN TRAFFIC
CONTROL
RECOMMENDATION:
0
It is recommended thaf fhe City Council:
1. Authorize the Ci�y Manager to execute a lease extension for office space iocafed at 4fiO3 Horne
Street from Roose�elt Burrefl dlbla Cawtawn Traffic Control at a cost flf $3,000 per year; and
2. Approve the lease extensinn term of one year beginning August 16, 2aQ2, and expiring August 15,
2Q03, with two aptions to renew for one year each.
�15CUSSfON:
� The Engineering Departrnent, R�al Property Services Division, at the request of the Police Department,
negotiated a I�ase extensian agreement with Roosevelf Burrell d/bla Cowtown �raffic Co�trol far office
space to be used as a police starefront.
The lease extension term is for one year, wifh two one-year options ta renew. This lease will reflect an
increase in �ental payments from $230 #o $2�0 per month. The City has lea�ect this space since August
16, 'i�94, and is respansibie fc�r the payment of telephone anci utility servie�s.
FISCAL iNFORMATIONICERTIFICATI�N:
The Finance Director cert�fies that funds are available in the current operating budget, as appropriated,
of the Crime Co�trol and Prevention District Fund.
LW:l�
Submitted for City Manager"s
Of�ce by:
Libby Watson
Originating Department Head:
Ralgh Mendoza
Additiunal I�sforma#inn Cantact:
Ralph Mendoza
, FUND ` ACCOUNT
� (to}
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G1$3
4838G I (Fram}
j GR79 539120
�
�
A�83&G ,
C�NTER
� AMOUNT
CITY SECRETARY
D354700
$3,004.00
APPROV�D 07l16/D2