HomeMy WebLinkAboutContract 63221CSC No. 63221
THIRTY DAY LEASE AGREEMENT
This Thirty Day Lease Agreement ("Agreement") is entered into by and between Boykin Land
Company, LLC, a limited liability company, acting by and through it duly authorized President, Seth
Crawford ("Lessor"), and City of Fort Worth, Texas, a home -rule municipal corporation of the State of
Texas, acting by and through its duly authorized Assistant City Manager, Valerie Washington ("Lessee").
WHEREAS, Lessor owns a certain piece of property on which is situated an industrial warehouse,
located at 400 East Vickery, Suite 200 and 300, Fort Worth, Texas 76102 (the "Property"), and
WHEREAS, Lessee and Lessor have agreed to grant to Lessee, the use a portion of the Property for
storage ("Leased Premises") in accordance with a lease agreement due to be approved by Fort Worth City
Council on May 20, 2025; and
WHEREAS, Lessee has requested, and the Lessor agrees to grant to Lessee occupancy and use of
the Lease Premises prior to May 20, 2025, in accordance with the terms and conditions of this Agreement.
WITNESSETH:
1. Premises. Lessor hereby grants Lessee the right to occupy approximately 25,190 square feet of
the Property ("Premises") as described in Exhibit "A" for storage per the terms of this Agreement. Under
no circumstances during the Agreement will Lessee use or cause to be used on the Premises any hazardous
or toxic substances or materials, or store or dispose of any such substances or materials on the Premises;
provided that the presence of fuel, engine oil and hydraulic fluids as commonly used for or stored in vehicles
parked on the Premises will not be deemed a violation of this Section. Lessee shall not install signs,
advertising media, or lettering in or on the Premises without prior written approval of Lessor. Lessee will
have access to the Premises twenty-four (24) hours a day, seven (7) days a week. Lessor agrees to provide
Lessee with reasonable prior notice in the event Lessor desires to access the Premises; however, the Lessor
reserves the right to use the Premises in any way that does not materially interfere with Lessee's use of the
Premises in accordance with this Agreement.
2. Condition of Premises. Lessee taking possession of the Premises shall be conclusive evidence
that (a) the Premises are suitable for the purposes and uses for which same are leased; and (b) Lessee waives
any and all defects in and to the Premises, its appurtenances, and in all the appurtenances thereto. Further,
Lessee takes the Premises and all appurtenances in "AS IS" condition without warranty, expressed or
implied, on the part of Lessor. Lessor shall not be liable to Lessee, Lessee's agents, employees, invitees,
Lessees, or guests for any damage to any person or property due to the Premises or any part of any
appurtenance thereof being improperly constructed or being or becoming in disrepair. Notwithstanding the
foregoing, Lessor represents, warrants and covenants that, as of the Commencement Date (as defined below
in the Lease Term), there are no hazardous substances located on or in any part of the Premises except those
located in strict compliance with all federal, state and local statutes, by-laws, regulations or guidelines, and
the Lessor agrees to and does hereby indemnify and save harmless the Lessee and its directors, officers,
employees, agents, successors and assigns, from all costs, losses, liabilities, damages, fines, claims, suits,
causes of action and judgments of any kind whatsoever, and all reasonable expenses incurred, including,
without limitation, all legal fees, costs and disbursements, which at any time and from time to time may be
paid or incurred by or asserted against the Lessee or its directors, officers, employees, agents successors or
assigns, as a direct or indirect result of the presence of any hazardous substances on or under the Premises
as of the Commencement Date. This indemnification shall continue for the full term of this Agreement and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
any extensions or renewals thereof and shall survive the expiration or sooner termination of this Agreement.
3. Lease Term: This Agreement commences on the date it is executed by Lessee's Assistant City
Manager (the "Commencement Date") and expires on May 31, 2025, unless sooner terminated by virtue of a
provision of this Agreement ("Lease Term"). This Agreement will automatically terminate upon execution of
a new lease.
4. Base Rent: Base rent shall be prorated from the Commencement Date until May 31, 2025,
calculated based upon a base rental rate of $22,041.00 per month.
5. Services. All utilities (water, electricity, etc.), common area fees, and property management
fees for the Premises are included in the base rent and shall be furnished by the Lessor to the Lessee at
Lessor's sole cost and expense. Security and cleaning, if desired by Lessee, shall be at Lessee's sole cost
and expense. If, during the Lease Term, Lessee desires any other items or services for Premises, then Lessee
shall first obtain written approval from the Lessor to contract, add, or install any of the requested items or
services and will be responsible for providing same at Lessee's sole cost.
6. Alterations, Additions, Improvements, and Signage. Lessee shall make no alterations on or
additions to the Premises without the prior written consent of Lessor. If approved by the Lessor, any
alterations made to the Premises by the Lessee shall be at Lessee's sole cost and expense and shall not
interfere with the operations of other Lessees and/or other operations at the Property. If interference occurs,
Lessee will make changes and/or remove the alteration to remedy said interference within five (5) days of
notice from Lessor. All alterations, additions and improvements made to, or fixtures or other improvements
placed in or upon the Premises shall be deemed a part of the Premises and the property of Lessor at the end
of the Lease Term. All such alterations, additions, improvements, and fixtures shall remain upon and be
surrendered with the Premises as a part thereof at the termination of this Agreement unless otherwise agreed
in writing by the parties. Lessee may, at its sole option and expense, remove any Lessee alterations at any
time during the Lease Term. At the termination of this Agreement, whether by lapse of time or otherwise,
Lessee shall (i) deliver the Premises to Lessor in as good a condition as the same was as of the date of the
taking of possession thereof by Lessee, subject only to ordinary wear and tear and damage caused by
casualty or condemnation.
7. Intentionally Omitted.
8. Waiver of Liability. ALL PERSONAL PROPERTY OF LESSEE, INCLUDING
TRUCKS USING THE PREMISES, WHETHER PURSUANT TO THIS AGREEMENT OR
OTHERWISE, SHALL BE AT THE RISK OF LESSEE ONLY, AND LESSOR SHALL NOT BE
LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF LESSEE, ITS
EMPLOYEES, AGENTS, PATRONS, INVITEE, OR TO OTHERS, OR SUCH LOSS OR
DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER CAUSE OF
WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR.
9. Insurance. Lessee will self -insure for all public risks related to Lessee's leasing, use, occupancy,
maintenance of the Premises.
10. Abandoned Property. Lessee's personal property not promptly removed by Lessee from the
Premises at the termination of this Agreement, whether termination shall occur by the lapse of time or
otherwise, shall thereupon be conclusively presumed to have been abandoned by Lessee to Lessor. Fixtures
attached to the Premises become the property of Lessor, if not removed as required herein.
11. Assignment and Subletting. Lessee shall not assign this Agreement, or any right of Lessee
under this Agreement, or sublet the Premises, for consideration or no consideration, whether voluntarily, by
operation of law, or otherwise, and any attempt to do so shall be void, and any such attempt shall cause
immediate termination of this Agreement; all provided that Lessee's contractors, subcontractors and agents
may use the Premises in accordance with the terms and provisions hereof.
12. Damage to Premises or Property of Lessor. If, at any time during the Lease Term, by the
acts or omissions of the Lessee, its employees, contractors, or agents of Lessees, the Premises, or any
property therein is damaged or destroyed, Lessee shall be obligated to timely pay, reasonable costs to repair
or replace such damaged or destroyed property.
13. Repairs and Maintenance. Lessor has no obligation to make repairs of any sort to the
Premises saved and except the structural building issues, roof, and building systems maintenance. Lessor's
obligation hereunder being to make the Premises available to Lessee in accordance with and subject to the
covenants, restrictions and limitations set forth herein. Lessee shall, at its expense, use and maintain the
Premises in a neat, clean, careful, safe, and proper manner and comply with all applicable laws, ordinances,
orders, rules, and regulations of all governmental bodies (state, county, federal, and municipal). Lessee
shall be responsible, at their sole expense, for any and all clean up and/or repairs to damage the Premises
due to use of the Premises, including but not limited to, chemical spills and environmental clean-up if
required. At no time may there be any maintenance of any vehicles or equipment within the Premises and
if a spill of any nature takes place arising from the actions of Lessee, Lessee must notify the Property
Manager immediately and is responsible for all required clean up and repairs to the extent arising from the
spill. Notwithstanding the foregoing, Lessor will be solely responsible for any hazardous waste, remediation,
environmental spills, damage or clean up from any activity that happened prior to the Commencement Date
pursuant to Section 2 above.
14. Severability. If any clause or provision of this Agreement is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental body or entity,
effective during the Lease Term, the intention of the parties hereto is that the remaining parts of this
Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the Lessor,
essential to the rights of both parties, in which event Lessor has the right, but not the obligation, to terminate
the Agreement on written notice to Lessee.
15. Default and Termination.
(a) Lessee's Default. If Lessee shall fail to perform or observe any of its obligations hereunder
then Lessor may, following twenty (20) days prior written notice and opportunity to cure, pursue
any of the following remedies:
i. Terminate this Agreement;
ii. Require all future payments to be made by cashier's check, money order or wire
transfer after the first time any check is returned for insufficient funds, or the second
time any sum due hereunder is more than five (5) days late;
iii. Cure such event of default for Lessee at Lessee's expense; and/or
iv. Lessor shall be entitled to receive interest on any unpaid item of Rent from the date
initially due ) at a rate equal to the lesser of twelve percent (12%) per annum or the
highest rate permitted by Law.
16. Lessor's Default. In the event of any breach or default by Lessor of any obligation under
this Agreement, Lessee will deliver to Lessor written notice and Lessor will have twenty (20) days following
receipt of such notice to cure such breach or default, or in the event the breach or default. If Lessor fails to
cure a breach or default of the Agreement within the time periods set forth in the preceding sentence, then
Lessee shall be entitled, (i) to an abatement of Rent from the date the breach or default first occurred until
such time as the breach or default is cured, and (ii) to cure any default that Lessor fails to cure in a timely
manner, in which event Lessor shall be liable to reimburse Lessee for expenses incurred by Lessee in
connection with curing Lessor's breach, and, at Lessee's option, Lessee may offset against Lessee's unpaid
Rent obligations to Lessor any and all costs incurred by Lessee as a result of Lessor's breach or default.
Notice. Any notice hereunder must be in writing. Notice deposited or sent by nationally recognized
overnight courier service, such as, but not limited to, Federal Express, by certified mail with return receipt
requested, or by express mail properly addressed, postage paid, shall be effective -upon deposit. Notice given
in any other manner herein shall be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall, unless changed as hereinafter provided, be as follows:
To Lessee:
City of Fort Worth
Lease Management
Property Management Department
100 Texas Trail
Fort Worth, TX 76102
With a copy to:
City Attorney's Office
City of Fort Worth
100 Texas Trail
Fort Worth, TX 76102
To Lessor:
Boykin Land Company
209 W 2" d Street, Ste. 150
Fort Worth, TX 76102
With a copy to:
Baker Monroe Huston, PLLC
Attn: Justin P. Huston
1612 Summit Ave., Ste. 100
Fort Worth, TX 76102
The parties hereto have the continuing right to change their respective address by giving at least ten
(10) days' notice to the other party.
17. Holding Over. If Lessee remains in possession of the Premises after the expiration of the
tenancy created hereunder and without the execution of a new lease, Lessee shall be deemed to be
occupying the Premises as a Lessee at will and subject to all of the provisions of this Agreement except
those relating to term and except that the Base Rent shall be (i) one and a half (150%) the amount payable
during the last month of the Lease Term (without waiver of Lessor's right to recover damages as permitted
by this Agreement or by law).
18. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and
Lessee relating to the use of the Premises and no prior written or oral covenants or representations relating
thereto not set forth herein shall be binding on either party hereto.
19. Amendment. This Agreement may not be amended, modified, extended, or supplemented
except by written instrument executed by both Lessor and Lessee.
20. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original, but all of which shall constitute but one and the same document.
[SIGNATURES ON FOLLOWING PAGE]
In witness whereof, the parties hereto have caused this Agreement to be executed this 5th day of
May , 2025
LESSEE:
CITY OF FORT WORTH,
a Texas home -rule municipal corporation
Valerie Washington May 5,202515:51 CDT)
By:
Valerie Washington
Assistant City Manager
Date: 05/05/2025
APPROVED BY:
By:
Marilyn Marvin
Director, Property Management Department
Date: 05/05/2025
APPROVED AS TO FORM AND LEGALITY:
By:
Candace Pagliara
Assistant City Attorney
Date:
05/05/2025
ATTEST:
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By:
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Jannette S. Goodall
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City Secretary
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05/05/2025
nEXA?o�p
Date:
LESSOR:
BOYKIN LAND COMPANY, LLC,
a limited liability company
By: A/ —
Name: Seth Crawford
Title: Authorized Signor
Date: 05/02/25
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person
responsible for the monitoring and administration of
his contract, including ensuring all performance and
reporting requirements
Name:
Title: PIED Capital Projects Manager
Date:
05/05/2025
Form 1295: NA OFFICIAL RECORD
Contract Authorization: CITY SECRETARY
M&C: NA FT. WORTH, TX
Exhibit "A"
Premises
Outlined in red