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HomeMy WebLinkAboutContract 37325 i SIT SECRETARY" COrJTRACT NO. �l LEASE AGREEMENT This lease agreement ("Lease") is made and entered into this, the 1St day of June, 2008, the effective date hereof, at Fort Worth, Texas by and between Texas Christian University located in Fort Worth, Tarrant County, Texas ("Lessor"), acting by and through Brian Gutierrez, its duly authorized Vice Chancellor for Finance and Administration and The City of Fort Worth, a municipal corporation, ("Lessee") acting by and through Joe Paniagua, its duly authorized First Assistant City Manager. The term "Lessor" shall include the agents, representatives, employees, and contractors of Lessor. The term "Lessee" shall include the agents, representatives, and employees of Lessee. SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under this Lease, Lessor leases to Lessee and Lessee leases from Lessor office space of approximately 902 square feet located at 2900 West Berry Street, Fort Worth, Texas 76129. The office space, together with any and all structures, improvements, fixtures and appurtenances thereon, thereunder or over, shall be referred to as the Leased Premises. The boundaries and location of the Leased Premises are described on the attached Exhibit "A" made part hereof. SECTION 2. Use of premises. The Leased Premises shall be used as office space for the City of Fort Worth Police Department, including off-duty Police Officers. SECTION 3. Term and Rent. This Lease shall be for a period of two (2) years commencing on June 1, 2008 and terminating on May 31, 2010, unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent in the amount of$1.00 per year. All rental payments shall be payable to Lessor at the location of notice set forth in Section 13 of this Lease. The rental payment shall be made to the Lessor on the first day of the term and each month thereafter including any extension of the Lease. This Lease may be renewed for successive terms of 12 months each for up to a maximum of two successive terms, provides that the Lessee notifies Lessor in writing of its intent to extend on or before 30 days prior to expiration of the Lease or any extension. The notice shall be deemed effective when deposited by Lessee in United States mail, postage prepaid, return receipt requested, addressed to Lessor. The terms of this Lease shall continue to govern and control the relationship of the parties during any extensions. SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises Lessee agrees to be responsible for the payment of all electricity, local telephone, or other utility charges that come due and payable during the term Lessee occupies the Leased Premises. Lessor agrees that Lessor will pay for natural gas and water for the Premises, provided usage is within normal amounts. Additionally, Lessor agrees to pay all taxes and insurance as they come due. Lessee shall keep the Leased Premises in good, clean and habitable condition, normal wear and tear excepted. Lessee will be responsible for telephone installation and monthly charges. City o/Fort !Furth Lease Pag(, I Lessor shall maintain in good repair the roof, foundation, and exterior walls of the Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation, and exterior walls of the Leased Premises. If any repairs required to be made by Lessor are not commenced or made within seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease. SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 2900 West Berry Street, Fort Worth, Tarrant County, Texas 76129. Such insurance shall provide protection for liability, fire and casualty, and property damage for the property owned by the Lessor, situated at, and including, the Leased Premises. Verification of this coverage shall be provided to Lessee prior to the execution of this contract. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the premises shall be borne solely by the Lessor. Lessee is basically a self-funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which Lessee would ultimately be found liable would be paid directly and primarily by Lessee and not by a commercial insurance company. SECTION 6. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF THIS LEASE OR THE USE OR OCCUPANCY OF THE LEASED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY THIRD PARTY. SECTION 7. Fixtures. Lessor herein agrees that no property or equipment, owned or installed by Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that Lessee shall reserve the right to remove any and all such property or equipment at any time during the term of this lease, or subsequent to its termination by either party. Lessor further agrees that she/he will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever. SECTION 8. Termination, Funding and Non-Appropriation 8.01 Termination. Lessor shall have the right to terminate this Lease at any time for any reason unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee 30 days' written notice prior to the intended termination date. The notice shall be deemed effective when deposited by Lessor in United States mail postage prepaid, certified mail, return receipt requested, addressed to Lessee. Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor 30 days' written notice prior to the intended termination date. The notice shall be deemed effective CaY of Furl Worth Lease Page 2 when deposited by Lessee in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Lessor. If this Lease is terminated under this section, or as a result of the expiration of the Lease term or any renewal period, neither party shall have any further obligation or liability to the other under this Lease. Lessor and Lessee shall be bound by the terms, covenants and conditions expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of surrender coincides with the date of termination of the Lease. 8.02 Funding and Non-Appropriation., This Lease shall terminate in the event that the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of Lessee hereunder. Termination shall be effective as of the last day of the fiscal period for which sufficient funds were appropriated or upon expenditure of all appropriated funds, whichever comes first. Termination pursuant to this non-appropriation clause shall be without further penalty or expense to either party. SECTION 9. Right of Inspection Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of inspecting the Leased Premises, provided that such entry does not conflict with Lessee's rights hereunder. SECTION 10. Surrender of Leased Premises. Upon the termination of this Lease for any reason whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession under the Lease, reasonable wear and tear excepted. Lessee also shall surrender all keys for the Leased Premises to Lessor at the place then fixed for the payment for rent and shall inform Lessor of all combinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remove all its furniture and equipment on or before the termination of the Lease; and Lessee shall be responsible for repairing any damage to the Leased Premises caused by the removal of furniture and equipment. Additionally, if Lessee modifies the Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee. SECTION 11. Acceptance of Leased Premises Lessee acknowledges that Lessee has fully inspected the Premises, and on the basis of such inspection Lessee hereby accepts the Premises, and the building and improvements situated thereon, as suitable for the purposes for which the same are leased. In the event any presently installed plumbing, plumbing fixtures, electrical wiring, lighting fixtures, or air conditioning and heating equipment are not in good working condition on the commencement date of this Lease. Lessor agrees to repair promptly any such defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. SECTION 12. Assignment. Lessee shall not assign or sublet this Lease without the prior written approval of Lessor. Upon issuance of such approval. this Lease shall be binding on the successors, and lawful assignees of Lessor and the successors of Lessee. as permitted by the terms of this agreement and b% the la"s of the State of Texas and the I'nited States. Am person C/1.1-ol Fort Worth Leasc Page 3 or entity using or occupying the Leased Premises without a lawful assignment or sublease shall be subject to all the responsibilities and liabilities of Lessee and shall be subject to all provisions regarding termination and eviction. SECTION 13. Notices. Notices required to be made under this agreement shall be sent to the following persons at the following addresses, provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: All notices to Lessor shall be sent to: Texas Christian University Brian Gutierrez P.O. Box 297041 Fort Worth, Texas 76129 All notices to Lessee shall be sent to: Fort Worth Police Department Attn: Kathy Hinz Administrator, Fiscal and Equipment Management 350 West Belknap Street Fort Worth, Texas 76102 As well as to: Real Property Management Attn: Terry Khammash City of Fort Worth 900 Monroe Street Suite 302 Fort Worth, Texas 76102 As well as to: City Attorney's Office Attn: Leann D. Guzman City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 All time periods related to any notice requirements specified in the Lease shall commence upon the terms specified in the section requiring the notice. SECTION 14. _Entire 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. City of Fort Worth Lease Page 4 SECTION 15. Police Protection. Lessor agrees ands understands that Lessee in no way promises to provide increased Police protection or more rapid emergency response time because of this Lease. No special relationship shall exist between Lessor or Lessee other than that of landlord and tenant. Lessee shall provide no greater Police protection to Lessor than is provided to all other residents and businesses. SECTION 16. Waivers. One or more waivers of any covenant, term, or condition of the Lease by either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. The consent or approval by either Lessor or Lessee to or of any act by the other party requiring such consent or approval shall not be deemed a waiver or render unnecessary consent to or approval of any subsequent similar act. SECTION 17. Choice of Law and Venue. This lease and the relationship created hereby shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce the terms of the Lease or for any breach shall be in Tarrant County, Texas. [SIGNATURES ON FOLLOWING PAGE.] Cih'of Fort IfOrth Lease Page 5 Executed to be effective this 1St day of June, 2008. LESSOR: LESSEE: TEXAS CHR TIAN UNIVERSITY CITY OF FO T OR H By: By: Name: Brian Gutierre Name: Joe Paniagua Title: Vice Chancellor for Title: First Assistant City Manager Finance and Administration. APPROVED AS TO FORM AND LEGALITY: Assistant City Atto ey ATTEST: City Secretary M& C Number : Date: _ Contract Number: ('ih n/Fori Worth Lcu.ec Pugs 6 EXHIBIT A See Attached 'it of Forl Worth Lease Page 7 i o -1 i � 1 4' o i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 35290OWBERRY REFERENCE NO.: **C-22890 SUBJECT: Authorize the City Manager to Execute a Lease Agreement With Texas Christian University for Office Space Located at 2900 West Berry Street for the Police Department RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a lease agreement with Texas Christian University for office space of approximately 902 square feet located at 2900 West Berry Street for the Police Department. DISCUSSION: The Engineering Department, Real Property Services Division, at the request of the Police Department, has negotiated the lease of space to be utilized as a police storefront. The lease term will be for two years, beginning on June 1, 2008, and terminating on May 31, 2010, with two one-year options to renew. The rent is $1.00 per year. Under the terms of the lease, the City of Fort Worth is responsible for telephone and utility payments, with the exception of water. The Police Department has occupied this space since June, 1997. This property is located in COUNCIL DISTRICT 9. RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, in the Crime Control and Prevention District Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR79 539120 0359501 $1.00 Submitted for Cit)t Manager's Office by: Joe Paniagua (6575) Or4inating_pepartment Head: Patricia Kneblick (4210) Additional Information Contact: Kara Shuror (4221)