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HomeMy WebLinkAboutContract 56564-A1CSC No. 56564-A1 FIRST AMENDMENT TO LEASE AGREEMENT FOR TEMPORARY FIRESTATION BETWEEN COOK CHILDREN'S HEALTH CARE SYSTEM AND THE CITY OF FORT WORTH This First Amendment to Lease Agreement for Temporary Fire Station ("Amendment") is entered into as of this 26 day of April 2024, to be effective as of May 1, 2024, by and between Cook Children's Health Care System, a Texas non-profit corporation ("Landlord") and the City of Fort Worth, a home -rule Municipal Corporation of the State of Texas, acting by and through its duty authorized City Manager or Assistant City Manager ("Tenant"). WHEREAS, Landlord and Tenant entered into a certain Lease Agreement for Temporary Fire Station (the "Lease") (City Secretary Contract No. 56564) on the 1 St day of October, 2021 for the premises commonly known as 13340 Highland Drive in Aledo, Parker County, Texas 76008, as further described in Exhibit "A" of the Lease (the "Leased Premises"); and WHEREAS, Tenant and Landlord now desire to extend the term of the Lease. NOW THEREFORE, Landlord and Tenant agree to amend the Lease as follows: 1. Section 2 of the Lease "Term/Ouiet EniovmentlRenewal" is deleted in its entirety and replaced with the following: "The term of this Lease commences on October 1, 2021 ("Commencement Date") and expires on April 1, 2025 ("Expiration Date"), unless earlier terminated by Landlord or Tenant in accordance with the terms and conditions of this Lease. Landlord may terminate this Lease at any time without cause upon ninety (90) days' prior written notice to the Tenant. Provided that Tenant observes and/or performs all of the conditions, covenants and provisions on Tenant's part to be observed and/or performed under this Lease, Tenant will have quiet possession of the Leased Premises throughout the Term, subject to all provisions of this Lease." 2. Section 2.2 of the Lease "Renewal Term" is deleted in its entirety. 3. All other terms and conditions of the original Lease remain unchanged and in effect. (INTENTIONALLY LEFT BLANK) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COOK CHILDREN' HEAL H CARE SYSTEM ("Landlord") By: Date: d Y. 26 . ,2 Spe ge'deril---lMonstruction eaVice & Real Estate CITY OF FORT WORTH ("Tenant") Apr 25, 2024 By: Dana RmEhdoff (AprLU+, 2N4 W- CDT) Date: Dana Burghdoff Assistant City Manager a 40R�� d a OFF°oor�Ypa �o ATTEST: Jannette S. Goodall City Secretary APPROVED AS TO FORM AND LEGALITY: By: -Z//,, �.t -/�a� Y Matthew Murray Sr. Assistant City Attorney M&C: 24-0340 Date: April 23, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Ricvy Salazar, Assistant Director Property Management Department — Real Estate Division OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 56564 LEASE AGREEMENT FOR TEMPORARY FIRESTATION BETWEEN COOK CHILDREN'S HEALTH CARE SYSTEM AND THE CITY OF FORT WORTH This Lease Agreement (the "Lease") is made effective as of October 1, 2021 ("Effective Date") by and between COOK CHILDREN'S HEALTH CARE SYSTEM, a Texas non-profit corporation ("Landlord"), and the CITY OF FORT WORTH, a home -rule Municipal Corporation of the State of Texas, acting by and through its duty authorized City Manager or Assistant City Manager ("Tenant"). 1. Leased Premises/Delivery. Landlord, in consideration of the rents and agreements set forth i n this Lease, leases to Tenant and Tenant leases from Landlord that certain real property located at 13340 Highland Drive, in Aledo, Parker County, Texas 76008, as further described on Exhibit "A" attached to this Lease and incorporated by this reference (the "Leased Premises"). The Leased Premises will be used for a temporary fire station, including a portable station building to house the operations of Tenant and a dome structure, the portable station building and dome structure to be provided by Tenant, for Tenant employees, volunteers, and invitees. From time to time, Landlord may initiate construction projects on its campus which may interfere with Tenant's use and enjoyment of the Leased Premises. If Landlord's construction will cause a safety concern for Tenant's use of the Leased Premises during the construction period, then, upon no less than sixty (60) days prior written notice, Landlord may, at Landlord's sole cost and expense, temporarily relocate the leased space to another location on the Premises. Tenant's use of the Leased Premises will be restored as soon as construction activity reaches a point that assures safety to Tenant employees, volunteers, and invitees, with any damage to the Leased Premises caused by Landlord's activities on or around the Leased Premises to be repaired at Landlord's expense. In the event that any such relocation is required, Landlord shall be responsible for altering or expanding the Landlord Improvements (as defined herein) to allow for Tenant's continued use of the Premises as a temporary fire station. 2. Term/Ouiet Eniovment/Renewal. The term of this Lease commences on October 1, 2021 ("Commencement Date") and expires on September 30, 2023 (the "Initial Term"), unless earlier terminated by Landlord or Tenant in accordance with the terms and conditions of this Lease. Landlord may terminate this Lease at any time without cause upon ninety (90) days' prior written notice to the Tenant. Provided that Tenant observes and/or performs all of the conditions, covenants and provisions on Tenant's part to be observed and/or performed under this Lease, Tenant will have quiet possession of the Leased Premises throughout the Term, subject to all provisions of this Lease. 2.2 Renewal Term. If Tenant observes and/or performs all of the conditions, covenants and provisions on Tenant's part to be observed and/or performed under this Lease and is not in default, upon the expiration of the Initial Term of this Lease, Tenant shall have one (1) option to renew this Lease for a term of one (1) year ("Renewal Term"). In order to exercise its option to renew this Lease, Tenant shall notify Landlord in writing of its desire to renew this Lease no less than ninety (90) calendar days prior to the expiration of the Initial Term. Any Renewal Term under this section and the Initial Term are collectively referred to as the "Term." 3. Rent. In consideration for Tenant's provision of emergency and community services to Landlord, Landlord agrees to provide the Leased Premises at no charge to Tenant throughout the Term. Landlord and Tenant expressly agree and stipulate that this Lease is based on valuable consideration. 4. Taxes/Net Lease. Landlord will pay directly to the appropriate taxing authority all applicable ad valorem and real property taxes and assessments, if any, assessed against the Leased Premises ("Real Estate Taxes"); provided, that Landlord retains the right, at Landlord's expense, to contest any such taxes. It is the intention of the parties hereto that, except as otherwise expressly provided herein, this Lease OFFICIAL RECORD Page 1 of 12 CITY SECRETARY FT. WORTH, TX be completely net to Landlord, all utility and electrical charges, all maintenance, repair, and replacement costs (structural and nonstructural), and all other costs and expenses which arise directly out of the possession, use, occupancy, operations, maintenance or repair of all or any portion of the Leased Premises shall be the responsibility of Tenant. Tenant shall furnish to Landlord, within ten (10) days after written demand by Landlord, written proof of the payment of any water, sewer, electricity, or other rate, charge, excise, levy, license fee, permit fee, inspection fee, or other governmental or similar charge, or any other charge which is payable by Tenant pursuant to this Lease. 5. Use/SiLmaae. The Leased Premises shall be occupied and used by Tenant solely as a temporary fire station including a portable station building and dome structure (the dome structure to be provided at Tenant's expense) in accordance with the Site Plan depicted on Exhibit "C" attached to this Lease and incorporated by this reference for Tenant's employees, volunteers, and invitees. Tenant shall not use or permit the Leased Premises, or any part thereof, to be used for any other purpose. In no event may Tenant charge for parking on the Leased Premises. Tenant shall, at its sole cost and expense, comply with and cause the Leased Premises to comply with, and be used in accordance with, all applicable laws, rules, regulations, ordinances, restrictions and insurance policies, in effect during the Term. Tenant shall, at Tenant's sole expense, procure each and every permit, license, certificate or other authorization and any renewals, extensions or continuances of same required in connection with its lawful and proper use of the Leased Premises. No use shall be made or permitted by Tenant of the Leased Premises or any part thereof, nor any acts done or omissions made, which shall constitute waste, nuisance, unreasonable annoyance or which may disturb the quiet enjoyment of tenants, concessionaires, licensees or occupants of the adjacent buildings or which will create or omit unusual, offensive, hazardous or excessive quantities of dust, gas, smoke, fumes, odors or other substances or cause excessive noise or vibrations. Tenant shall not allow any toxic, hazardous or potentially hazardous substances to be stored in or to remain on any part of the Leased Premises. Notwithstanding the foregoing, Landlord and Tenant expressly agree that Tenant shall use the Leased Premises as a temporary fire station and that all reasonable and customary fire station uses shall be permitted. All of Tenant's signage in and around the Leased Premises must be approved in advance by Landlord, such consent not to be unreasonably withheld. 6. Landlord's Access. Landlord and its employees and agents shall have the right to access the Leased Premises at all reasonable times for the purposes of (a) inspecting the Leased Premises to verify that Tenant is in compliance with the terms of this Lease, (b) showing the Leased Premises to potential purchasers or mortgagees, and (c) during the last year of the Term, showing the Leased Premises to prospective tenants; provided, however, that any entry shall be at the sole cost, expense, and risk of Landlord. Except in the event of an emergency, Landlord shall notify Tenant not less than two (2) business days in advance of any such proposed entry, and Tenant may be present during any such entry by Landlord. 7. Maintenance and Repair. Landlord shall provide for Tenant a concrete pad, a gravel parking lot, lighting, utility hookups and connections, and other items as more fully described in Exhibit "B," attached to this Lease and incorporated by this reference, at the Leased Premises (the "Landlord Improvements"), the cost of which will be charged to Tenant and Tenant agrees to reimburse Landlord for these costs. In no event shall the Tenant be required to reimburse the Landlord for Landlord Improvements in excess of One -Hundred Sixty -Two Thousand and 00/100 Dollars ($162,000.00). Landlord shall use its best efforts to complete the Landlord Improvements by November 15, 2021. Other than the Landlord Improvements, Landlord shall not have any liability or obligation to furnish or pay for any services or facilities or to make any repairs or alterations of any kind to the Leased Premises, including but not limited to structural repairs, unless caused by Landlord's activities on or around the Leased Premises. Tenant Page 2 of 12 assumes the full and sole responsibility for the conditions, operation, repair, replacement, maintenance, and management of the Leased Premises. Tenant, at its sole cost and expense, shall maintain the Leased Premises in substantially the same condition and order as exists on the Commencement Date, reasonable wear and tear excepted, shall take good care of the Leased Premises, and shall make all needed repairs. Upon the expiration or earlier termination of this Lease, Tenant shall surrender possession of the Leased Premises to Landlord, in substantially the same order and condition as the Leased Premises were at the Commencement Date, Landlord Improvements and reasonable wear and tear excepted; and Tenant shall, without expense to Landlord, remove or cause to be removed from the Leased Premises all debris and rubbish, equipment and other articles of personal property owned by Tenant or placed by Tenant at its expense on the Leased Premises, and all similar articles of any other persons claiming under Tenant. Tenant, at its cost and expense, shall repair all damage to the Leased Premises resulting from such removal. 8. Alterations and Additions. Tenant may not demolish or undertake any alterations of the Leased Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld by Landlord. Alterations, additions and/or improvements to the Leased Premises, other than the Landlord Improvements, shall be constructed and installed at Tenant's sole cost and expense pursuant to plans and specifications approved in advance by Landlord. Prior to commencing any future work, Tenant must provide to Landlord for Landlord's approval final working drawings of all work that Tenant proposes to perform upon the Leased Premises. All work must be performed by contractors and subcontractors approved in advance by Landlord. All contractors and subcontractors must procure and maintain (a) insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require (which policies must contain waivers of subrogation and show the additional insured status of Landlord as required by Landlord), and (b) if required by Landlord, payment and performance bonds covering the cost of the work and otherwise reasonably satisfactory to Landlord. Certificates of such insurance, with paid receipts therefor, and copies of such bonds must be received by Landlord before any work is commenced. All work must be performed in a good and workmanlike manner that is free of defects and is in strict conformance with the final drawings, plans, and specifications approved by Landlord and otherwise in accordance with the terms and conditions of this Lease. Tenant shall bear the entire cost of performing such work (including, without limitation, design of the work and preparation of the working drawings, plans and specifications, costs of construction, labor and materials, related taxes and insurance costs). 9. Condition of the Leased Premises. Tenant has fully inspected and examined the Leased Premises and is relying solely on its inspection thereof. Tenant leases the Leased Premises and accepts it AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED. LANDLORD AND TENANT EXPRESSLY INTEND TO NEGATE AND EXCLUDE ALL WARRANTIES PERTAINING TO THE LEASED PREMISES, EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, SUITABILITY FOR ANY COMMERCIAL PURPOSE, HABITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 10. Intentionally Deleted. 11. Intentionally Deleted. Page 3 of 12 12. Tenant's Insurance. At all times during the Term, Tenant must, at its expense, maintain in effect insurance coverage with limits not less than those set forth below with insurers licensed to do business in Texas. This policy must include a Waiver of Subrogation in favor of the Indemnitees. Insurance A. Employee Benefit Minimum Amounts and Limits Employee Health and Safety Program Benefit Plan Employer's Liability B. Commercial General Liability Statutory Limits $500,000 Bodily Injury/Property Damage $1,000,000 each occurrence or equivalent/$3,000,000 in the aggregate This policy must provide it is a primary policy and name Landlord and Landlords officers, directors, affiliates, employees, contractors and agents (collectively, "Landlord Parties") as an additional insured. C. Automobile Liability Bodily Injury/Property Damage $100,0005300,0005100,000 This policy must provide it is a primary policy and name Landlord and Landlord Parties as an additional insured. D. Tenant must furnish to Landlord on or before the Commencement Date a certificate(s) of insurance issued by the insurance carrier as evidence of these coverages. The certificate(s) of insurance must specify the additional insured status mentioned above. E. Notwithstanding the preceding, Landlord agrees that Tenant shall be allowed to retain (self -insure) in whole or in part any insurance obligations required herein. Tenant is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units," is self - insured and therefore is not required to purchase insurance. 13. WAIVER OF LIABILITY. ALL PERSONAL PROPERTY UPON THE LEASED PREMISES IS AT TH E RISK OF TENANT ONLY, AND LANDLORD WI LL NOT BE LIABLE FOR ANY DAMAGE TO OR THEFT OF TENANT'S PERSONAL PROPERTY, EVEN IF SUCH DAMAGE OR THEFT IS CAUSED BY THE NEGLIGENCE OF LANDLORD. Page 4 of 12 14. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust, or other lien presently existing or later placed upon the Leased Premises and as renewed and extended, provided the holder of such mortgage, deed of trust or other lien enters into a subordination, non -disturbance and attornment agreement reasonably acceptable to such holder and Tenant. 15. Default and Remedies. (a) Tenant will be in default under this Lease (i) if Tenant fails to comply with any obligation to be performed or observed by Tenant under this Lease within thirty (30) days after Landlord has given Tenant written notice of such failure; provided, however, if such failure cannot be cured within such thirty (30) day period, Tenant may have additional time to cure such failure, so long as Tenant commences to cure such failure within such thirty (30) day period and thereafter diligently continues to cure such failure until completion, (ii) if a decree or order by a court of competent jurisdiction is entered adjudging Tenant bankrupt or insolvent or appointing a receiver or trustee or assignee in bankruptcy or insolvency of all or substantially all of its property, and any such decree or order continues in force and discharged or unstayed for a period of sixty (60) days, (iii) if Tenant becomes insolvent, makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or if a receiver or trustee is appointed pursuant to the authority of a court of competent jurisdiction for Tenant or any of the assets of Tenant and such receiver or trustee is not removed or discharged within sixty (60) days after the appointment, or (iv) Tenant does or permits anything to be done which creates a lien upon Landlord's interest in the Leased Premises, and any such lien is not discharged within thirty (30) days after filing. (b) Landlord will be in default under this Lease if (i) Landlord fails to comply with any obligation to be performed or observed by Landlord under this Lease within thirty (30) days after Tenant has given Landlord written notice of such failure; provided, however, if such failure cannot be cured within such thirty (30) day period, Landlord may have additional time to cure such failure, so long as Landlord commences to cure such failure within such thirty (30) day period and therefore diligently continues to cure such failure until completion, (ii) a decree or order by a court of competent jurisdiction is entered adjudging Landlord a bankrupt or insolvent or appointing a receiver or trustee or assignee in bankruptcy or insolvency of all or substantially all of its property, and any such decree or order continues in force undischarged or unstayed for a period of sixty (60) days, or (iii) Landlord becomes insolvent, makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors, or if a receiver or trustee is appointed pursuant to the authority of a court of competent jurisdiction for Landlord or any of the assets of Landlord and such receiver or trustee is not removed or discharged within sixty (60) days after the appointment. (c) Upon the occurrence of an event of default by Tenant under this Lease, Landlord may, in addition to any and all remedies available to Landlord at law, in equity or otherwise, terminate this Lease effective upon the delivery by Landlord of written notice of termination to Tenant. If Landlord defaults under this Lease, Tenant's exclusive remedy will be an action for damages; provided however, under no circumstances whatsoever will either party ever be liable to the other party for indirect, incidental, consequential, special or exemplary damages. 16. Damaee or Destruction. During the Term, Tenant shall bear the risk of loss of any Tenant's equipment, fixtures, or improvements on the Leased Premises. If any part of the Leased Premises is damaged or destroyed by fire or other casualty then this Lease shall terminate as to such part. Page 5 of 12 17. Eminent Domain. If any part of the Leased Premises is taken by — or conveyed under the threat of — eminent domain (either a "taking" for purposes of this Section 17) during the Term of this Lease, then this Lease shall terminate as to such part. All sums awarded or agreed upon between Landlord and the condemning authority for the taking of the interest of Landlord or Tenant, whether as damages or as compensation, will be Landlord's property without prejudice, however, to Tenant's separate claims against the condemning authority. 18. Sublettine. Assienment. Encumbering of Leased Premises. Tenant may not sublet or assign all or any portion of its interest in the Leased Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld. Tenant may not partition, pledge, mortgage, or hypothecate its interest in the Leased Premises. Tenant may not permit a mechanic's or materialman's lien to attach to the Leased Premises. Tenant shall remove and discharge promptly, at its cost and expense, all liens, encumbrances, and charges upon the Leased Premises or Tenant's interests in and to the Leased Premises which arise out of the possession, use, occupancy, maintenance, or repair of the Leased Premises or by reason of labor or materials furnished or claimed to have been furnished to Tenant, but excluding liens caused or permitted by Landlord. In lieu of discharging any such lien, Tenant may, at its cost and expense, post a bond in an amount sufficient to prevent foreclosure of such lien. 19. Sale by Landlord/Binding Effect. Landlord may transfer any interest it has in the Leased Premises at any time upon notice of such transfer to Tenant. If Landlord transfers its interest in the Leased Premises, it will be released and discharged when the transfer occurs from all covenants and obligations of Landlord relating to the Leased Premises accruing under this Lease after the transfer. This Lease binds and inures to the benefit of the parties and their respective legal representatives, successors, and permitted assigns. 20. Holdover. If Tenant holds the Leased Premises after the expiration of the Term without the written consent of Landlord, then, in the absence of a written agreement on the subject, Tenant shall be deemed to be a tenant at sufferance. Nothing contained in this Section 20 shall be construed as consent to such holding over. 21. Severability. If any provision of this Lease is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this Lease will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal invalid or unenforceable provision herein, there will be added automatically as a part of this Lease, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 22. Lntire Ai-,reemcnt. This Lease and any exhibits constitute the entire agreement between Landlord and Tenant. There are no prior written or prior contemporaneous oral promises or representations that are not fully expressed in this Lease. This Lease may not be modified or replaced except by another written instrument signed by both parties. Paragraph captions are for convenience only and neither limit nor amplify this Lease. 23. Texas LawNenue. This Lease must be construed and its performance enforced under Texas law. The parties consent that venue of any action brought under this Lease will be in Tarrant County, Texas. 24. Nonwaiver. Landlord does not waive any of its rights under this Lease by failing to complain of any default of Tenant. If Landlord waives any of Tenant's defaults, that waiver will not Page 6 of 12 waive any other default. 25. Notice. Any notice or request given under this Lease must be in writing and must be either hand -delivered; sent by United States certified mail, postage prepaid return receipt requested; or via overnight delivery service addressed to the parties at the respective addresses set out below. Either party may change its address from time to time. Notice will be deemed given when delivered (if hand - delivered), when postmarked (if sent by mail), or when deposited (if sent by overnight delivery service). If to Landlord: Cook Children's Health Care System 801 Seventh Avenue Fort Worth, Texas 76104 Attention: General Counsel If to Tenant: City of Fort Worth Property Management Department, Real Property Division Attn: Ricky Salazar, Assistant Director 900 Monroe Street Suite #400 Fort Worth Texas 76102 With a copy to: City of Fort Worth City Attorney's Office Attn: Matthew A. Murray 200 Texas Street Fort Worth, Texas 76102 26. Rule of Construction. Each party and its counsel have reviewed and revised this Lease. The parties agree that the rule of construction that any ambiguities are to be resolved against the drafting party must not be employed to interpret this Lease or its amendments or exhibits. 27. Time of the Essence. Time is of the essence of this Lease. 28. No Joint Venture. The relationship between Landlord and Tenant at all times is solely that of landlord and tenant and not a partnership or joint venture. 29. Descriptive I lcadinas. The descriptive headings of this Lease are inserted for convenience in reference only and do not in any way limit or amplify the terms and provisions of this Lease. 30. Cumulative It iuhts. Pursuit of any remedy provided for in this Lease by Landlord shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy provided for in this Lease constitute a forfeiture or waiver of any amount due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions, and covenants of this Lease. Page 7 of 12 31. lstonnel Certificates. Tenant shall, at any time and from time to time upon not less than twenty (20) days prior request by Landlord, execute, acknowledge, and deliver to Landlord, without any charge or expense to Landlord, a statement in writing in the form provided by Landlord, certifying that (i) this Lease is uninodified and in full force and effect (or if there have been any modifications, that the same is in full force and effect as modified and stating the modifications), (ii) that no default exists under this Lease on the part of the Landlord or Tenant, as the case may be, (except that if any default does exist, then Tenant shall specify the default), and (iii) such other information as Landlord may reasonably specify that relates to this Lease. Any such statement delivered pursuant to this Section may be addressed to and relied upon by any prospective purchaser or encumbrancer (including assignees) of the Leased Premises. 32. No Waiver of Governmental immunity. Tenant shall not be deemed to and does not agree to waive or diminish any defenses available to it, whether pursuant to this Lease or otherwise, including by example and without limitation, as to governmental immunity. 33. Healthcare Retiulatory Provisions. (a) Landlord and Tenant enter into this Lease with the intent of conducting their relationship and implementing the agreements contained herein in full compliance with applicable federal, state and local law, including without limitation, the Medicare/Medicaid Anti -Kickback statute (the "Anti -Kickback Law") and Section 1877 of the Social Security Act (the "Stark Law"), as amended. Notwithstanding any unanticipated effect of any of the provisions of this Lease, neither party will intentionally conduct itself under the terms of this Lease in a manner that would constitute a violation of the Anti -Kickback Law or the Stark Law. Without limiting the generality of the foregoing, Landlord and Tenant expressly agree that nothing contained in this Lease shall require either party to refer any patients to the other, or to any affiliate or subsidiary of the other. (b) Landlord represents and warrants to Tenant that Landlord (1) is not currently excluded, debarred or otherwise ineligible to participate in Medicare or any federal health care program under section 1128 and 1 128A of the Social Security Act or as defined in 42 U.S.C. § 1320a-7b(f) (the "Federal Health Care Programs"); (ii) has not been convicted of a criminal offense related to the provision of healthcare items or services; and (iii) is not under investigation or otherwise aware of any circumstances which may result in Landlord being excluded from participation in any Federal Health Care Program. The foregoing representation shall be an ongoing representation and warranty during the Term of this Lease and Landlord shall immediately notify Tenant of any change in the status of the representation and warranty set forth in this Section, at which time Tenant will have the right to immediately terminate this Lease. 34. Countemarts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. Signatures transmitted by facsimile, .pdf, email or other electronic fonnat shall be deemed original signatures for all purposes hereunder. [signature page follows] Page 8 of 12 EXECUTED to be effective as of October 1, 2021. LANDLORD: Cook Children's He th Care System By: _ Name: .9S Title: � 60C.72uaY►.1s ft i2 TENANT: City of Fort Worth By: Dana Burghdoff Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Matt Murray Assistant City Attorney M&C 21-0759 Date: 09/28/2021 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Ricky Salazar Assistant Director Property Management Department 4 pap�oFoRTa� 0 00��¢� ATTEST: �� 00 O0 0 /rw w N�'*0110600 By: P. Gonzales 0 00 0Ronald aa mix 5�a Acting City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 9 of 12 Exhibit "A" Leased Premises Being a portion as noted below of Lot: 3, Blk: 2, Subd: WALSH RANCH "COOKS CHILDREN'S HOSPITAL", PC E-196, City of Aledo, Parker County, Texas. The property is generally located at and is also known as a portion of the parking lot as noted below at 13340 Highland Drive, Aledo, Texas 76008 IFOAM a , - 1 1•I � + t H' IY p�,... i ...... 54W.-on _ CAFG.oum, 1 � , i COOK CHILDREN'S UTILITY LAYOUT $=AWAY VOW he• Page 10 of 12 Exhibit `B" Landlord Tinorovetnents A concrete pad, a gravel parking lot, lighting, utility hookups and connections Project Estimate Wolsh Temp Fire Deportment location 7/27/2D21 I Poem Cost Comments lConstruction Quantity Unit Unittost S 82.939 Precon 1 IS $ 161 $ 161 GC/GR 1 IS $ 6,S99 $ 6,599 Demo/Site Prep 1 LS S 2,000 5 2,000 Tie Down Footings 1 IS 5 2,500 S 2,50D IMay not be needed but unknown at this point Foundation (concrete) 3,200 SF S 7,00 5 22,400 Gravel Area (Parking) 3,700 SF 5 2 5 S.5SO Signage 1 LS S S00 J S SOD lAllowance for Signs Electrical 1 LS $ 7,82015 7,820 1Based upon Fisk bid Security lighting Alkmance 1 LS S 2,500 15 2,500 lAlkmance for lighting Plumbing 1 IS S 24,150 $ 24,150 1Based upon SkiHi bid Landscape Repair 1 IS S 2,000 S 2,000 jAllowance Sub Default Insurance 1 IS $ 1,033 5 1,033 ISIP(CCIP) 1 LS $ 1,8011S 1,801 OH 1 IS $ 2,316 ($ 2,316 Profit 1 IS $ 1,609IS 1,609 Professional Services 1 $ 2,000 Civil 1 I LS I $ 2,000 j $ 2,0001 Based upon Dunaway quote Contingency/Escalation 1 $ IL04I FroledTotal S 9S,9BO Page 11 of 12 Exhibit "C" Site Plan AlII p f LOT 3, BLOCK 2 WALSH RANCH 1 II LOT 1, BLOCK I WALSH RANCH PC E-196 N!" PERNIMFING SITE MM A'trDUNAWAY FORT WORTH FIRE DEPAMMENT 11EMPORARY FIRE STATION COOK CH"REN'S - WALSH RANCH Page 12 of 12 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/28/21 M&C FILE NUMBER: M&C 21-0759 LOG NAME: 21COOK CHILDRENS GROUND LEASE SUBJECT (CD 3) Authorize the Execution of a Ground Lease Agreement with Cook Children's Health Care System or Affiliate for Approximately Two Acres of Land Located at 13340 Highland Hills Drive, Fort Worth, Texas 76008 for a Temporary Fire Station, Authorize the Expenditure of Up to $162,000.00 for Necessary Site Improvements, Authorize a One -Time Purchase Agreement with the City of Grapevine for a Dome Shelter in the Amount of $5,000.00 for the Fire Department and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a ground lease agreement with Cook Children's Health Care System, or affiliate, for approximately two acres of land located at 13340 Highland Hills Drive, Fort Worth, Texas 76008 for a temporary fire station, 2. Authorize the expenditure of up to $162,000.00 for necessary site improvements; 3. Authorize a one-time purchase agreement with the City of Grapevine for a dome shelter in the amount of $5,000.00 for the Fire Department; and 4. Adopt attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Project Fund by increasing receipts and appropriations in the Temp Fire Station 43 project (City Project No. 103643) by $162,000.00 and decreasing estimated receipts and appropriations in the Fire Station 42 project (City Project No.001563) by the same amount. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the execution of a ground lease agreement with Cook Children's Health Care System for approximately two acres of land located at 13340 Highland Hills Drive, Fort Worth, Texas 76008 for a temporary fire station. The City of Fort Worth Fire Department (Fire) and Cook Children's Health Care System (Cook Children's) have been in discussions and are in agreement for Fire to lease land next to Cook Children's Urgent Care Walsh Ranch for a temporary fire station to provide emergency preparedness, education, prevention, and response coverage for the City of Fort Worth (City) far west city -limits. The temporary fire station site will allow the City to finalize the construction of Fire Station No. 43 which will be located at Walsh Avenue and Walsh Ranch Parkway. With assistance from the City of Fort Worth Property Management Department, Fire and Cook Children's have agreed on terms to lease land at 13340 Highland Hills Drive, Fort Worth, TX 76008. The terms are as follows: Term length of two (2) years with an estimated lease commencement date of October 1, 2021 and lease expiration date of September 30, 2023. The City will be responsible for paying tenant improvements not to exceed $162,000.00 to Cook Children's for installing a concrete pad, security lighting, and extending utility service to the leased premises. In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." The City will be responsible for all operating expenses necessary for the temporary fire station and all costs associated with the installation of the temporary office trailers and dome shelter including permitting, infrastructure improvements, and connection of utilities and utility services. The City of Fort Worth Fire Department is also seeking authorization to make a one-time purchase from the City of Grapevine for a dome shelter in the amount of $5,000.00 for use at the temporary fire station. This property is located in Council District 3. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the General Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the General Capital Project Fund for the Temp Fire Station 43 project to support the approval of the above recommendations and execution of the agreements. Prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. Submitted for Citv Manager's Office bri: Dana Burghdoff 8018 Oriuinatina Business Unit Head Additional Information Contact: Expedited Steve Cooke 5134 Ricky Salazar 8379 3ity of Fort Worth, Texas Mayor and Council Communication SATE: 04/23/24 M&C FILE NUMBER: M&C 24-0340 -OG NAME: 21 COOK CHILDRENS GROUND LEASE AMEND SUBJECT CD 3) Authorize Execution of an Amendment to the Ground Lease Agreement with Cook Children's Health Care System (City Secretary Contras Vo. 56564) for Approximately Two Acres of Land Located at 13340 Highland Hills Drive, Fort Worth, Texas 76008 to Extend the Term of the Lease Fhrough April 1, 2025 for Continued Use as Temporary Fire Station No. 43 by the Fort Worth Fire Department RECOMMENDATION: t is recommended that the City Council authorize the execution of an amendment to the ground lease agreement with Cook Children's Health Care System (City Secretary Contract No. 56564) for approximately two acres of land located at 13340 Highland Hills Drive, Fort Worth, Texas 76008 tc extend the term of the lease through April 1, 2025 for continued use as temporary Fire Station No. 43 by the Fort Worth Fire Department. 7[+&11)-VROli E Dn September 28, 2021, the Fort Worth City Council authorized the execution of a ground lease agreement between Cook Children's Health Care System (Cook Children's) and the City of Fort Worth (City) for approximately two acres of land located at 13340 Highland Hills Drive, Fort Worth Texas 76008 (the Leased Premises) for a temporary fire station (Mayor and Council Communication (M&C) No. 21-0759; City Secretary Contras �o. 56564). The City exercised its option to renew the ground lease through September 30, 2024. Due to the construction of the new Fire Statior �o. 43 being scheduled for completion in late winter of 2024, the City and Cook Children's have agreed to amend the term of the lease hrough April 1, 2025 at no cost to the City. Phis M&C will authorize an amendment to the ground lease to extend the lease term for the through April 1, 2025. Phis property is located in COUNCIL DISTRICT 3. =1SCAL INFORMATION ! CERTIFICATION: Fhe Director of Finance certifies that approval of this recommendation will have no material effect on City funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Ricardo Salazar 8379