HomeMy WebLinkAboutContract 45345 a,
CITY'SECRUARY
Iq
T
CUNTRAC 1001
LEASE AGR,EEMENT
STATE of TEXAS
COUNTY 01F TARRANT §
This lease agreement (Lease) is made and el"eetive as o f November I, 2013 by and
between Oakwind Ltd. a Texas United Partnership (Less,or), acting and tl-Lrou h Clint
Montgomery,ery, '"lee President o f Sperry ' '"a , Ness/ Visions Commercial, its managing agent and
the City o f Fort Worth, a municipal corporation, acting by andthrough Charles .Daniels, its duly
authorized Assistant City Manager L,essee . The to n-i "Lessor" shall *include the e agents,
representatives, employees, and contractors of' Lessor. The tern-i Lessee" shall include the
agents, representatives, and em to ees 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 1,000 square feet, located at 6833 Green Oaks, Road., ,fort Worth, Texas 76116.
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 o f the Leased Pre mises are described on the attached Exhibit A made
pail hereof.
SECTION 2. Use f remises. The leased premises shall be used as office space .ter the
Lessee..
SECTION 3. Term and Rent. This lease shall be for a period of 24 months comi,ne cuing on
November 1, 2013 and terminating on October aer 31., 2015 (" Initial Term"), unless a prior
termination is e ffeeted by either Lessor or Lessee under the termination pro isions of this Lease.
Lessee shall pay Lessor, rest in the amount of $750.00 per month totaling $ ,0010 annually,
during the Initial Term.. All rental payments shall be payable to Lessor at the location of nolti.ce
set forth, in Section 14 of this Lease. The rental payment, shall be ru ade to the Lessor on the :first
day of the terms and each month thereafter including any extension of the Lease. Rent for any
partial calendar month shall be prorated on a per there basis
'l is Lease shall automatically atically retie l r up to two (2) successive terns of twelve (12) m
each up to a maxi
num of two successive renewal .erms, unless either party notifies the other
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Cn party in writing; of its intent to terminate the Lease on or before 30 days prior to the expiration of
WWWA the Lease or any extension. ' `he notice shall, be deemed effective when deposited by Lessee in
the United States email, postage prepaid, certified mail, return receipt requested, addressed to
Lessor. The terms of this Lease shall continue to goverti and control the relationship of the
parties ies during any extension
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of Fort Wbrl h Lease Page l
OFFICIAL
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CITY SECRETARY
,ease between City of Fort W of h and oakwind, Ltd
M&C 1 5643 Approved December 1 ,2013 11 11TO TX
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Kent for the 'first renewal term of twelve (1.2 months, beginning November 1, 2015 and endi
-U.1 f 14
Lher agrees that she/he will, at no time, hold or retain,, any property owned or installed by
Lessee, for any reason whatsoever.
SECTION 8. Default and Termina.tion,.
8.01 Lessee Default. A defcault, by Lessee shall exi.st if Lessee fails to pay rent within thirty
days after written notice from Lessor that rent is, due hereunder. Upon a default by Lessee,
Lessor I as its sole remedy, may terminate this Lease and Lessor shall have the right to collect the
past due rent from Lessee.
8.02 'Lessor Default. If Lessor defaults in the performance or observance of any covenant or
agreement of tl.u*s Lease, which default is not cured within 30 days after giving of notice thereof
by Lessee, they Lessee may, at Lessee's option, either (1) termlnate the Lease or (11) cure the
Lessor's default. The reasonable cost of the cure of a Lessor's default by Lessee pursuant to this
Section shall not exceed $1,0001, payable by Lessor to Lessee with.in, 7 days after written demand
therefor by Lessee. Such costs must be actually and reasonably incurred and must not exceed the
scope of Lessor's default. Such costs must be reasonably documented and copies of such
documentation shall be delivered to Lessor within -the wri tten demand for reimbursement.,
I Ir
Nothing contained in this section shall create or imply the existence of any obligation by Lessee
to cure any Lessor Default.
8.03 Termination. Lessor shall.have the right to tenninate this Lease at any time (*or any reason
unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee 60
days" written notice prior to -the intended tcrinination date. 1"he notice shall be deemed effective
when deposited, by Lessor in United States mail postage prepaid, certified mail, ret-Lu-n, recei.pt
requested, addressed to Lessee.
Lessee shall have the right to ten-ninate this Lease at any time for any reasoi,-i by giving Lessor 60
days' written notice prior to the intended terml,nation date!. The notice shall be deemed effective
Shen 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 expirati,on of the Lease term or
any renewal period, neither, party shall have any f`urther obligation or liability to -the other under
the :t 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.
sect oil 9 Fundinfy and Non-Appro,priation. This Lease shall tenninate in the event that
the governing body of Lessee shall fail to appropriate sufficient funds to satisfy any obligation of
Lessee hereunder., Tennination. shall be effective as of the last day of the fiscal period for which
sufficient funds were appropriated or upon expenditure of al.1 appropriated funds, whichever
comes first. Termination pursuant to this non-appropriation clause shall be without further
penalty or expense to either party.
City Q ort Worth Lease Page 3
Lease betty een City of Fort Worth and Oakwind, Ltd
M&C L- 15 643 Approved,December 10, 201
SECTION 10. Riaht 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 riot conflict with Lessee's rights hereunder. Notwithstw-iding the above,
given the sensitive nature of matierals, handled by the Fort Worth Police Department
(TVRD"), Lessor and all others having access pursuant to this section to any portion of
the Leased Premises used by the FVvTD shall not enter that portion, of -the Leased
Premises un-less, accompanied by a representative of Lessee. Lessee shall make a
representative available inunediately upon request of-Lessor.
SECTION It. Surrender of Leased Premises. t.Tpon the termination of this Lease for
any reason whatsoever, Lessee shall surrender possession of the Leased Premises in the
same condition as the LeasedPremises 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 combinatiOnrS on locks, safes, and vaults, if any, on the Leased
Premises. Lessee shall remove all, its ftirniture and equipment on or before the
terrnination of the Lease; and Lessee shall be responsible for repairing any damage to the
Leased Prenu'ses, caused by the removal of fumiture and equi-
pment. Additionally, if
Lessee mod,ifies, the Leased Premises with alterations,, additions, or irnprovements 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 12. 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 iinprovements 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 cornii.iencement date of this Lease,
Lessor agrees to repair promptly any such defects of which, Lessee delivers written notice
to Lessor .thi'n thirty days after the commencement date of this Lease.
SECTION 13. Asa'g meat. Lessee shall not assign or sublet t1u*s 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 by the laws of the State of'I'exas and the
Un-ited States. Any person or entity using or occupying the Leased Premises without a
lawful assignment or sublease shall be subject to all the responsibil&s and liabilities of
Lessee and shall be subject to all provisions regarding termination and eviction.,
SECTION 14. Noti-ces,. Notices required to 'be made under this agreement shall be
sent to -the following persons at the following ad-dresses, provided, however, that each
party reserves the right to change its designated person for notice, up n, written notice to
the other party of such. change;
City ql"Fort Worth Lease Poge 4
Lease between City of Fort Worth and Oakwind,Ltd
M&C L- 15643 Approv ed December 10,201.3
of
mk
All notices to Lessor shall be sent to .-
Oakw�.id', Ltd.
c/o Sperry Van Ness Visions Commercial
5601 Bridge Street
Suite 504
FortWorth, Texas 76112
Attn.- Clint Montgomery
Also:
Oalcwind, Ltd.,
Attn,-. Ronald V. Franco
P,.,O., Box 5287
Culver City, California 90231
All. notices to Lessee shall be sent to-,
Fort Worth Police Department
Attn: Kathy Hinz,
Fiscal and Equipment Management
350 West Belknap
Fort Worth, Texas 76102
As well as to
City Attomey"s, Office
Attn w 1"..e arti-i D- Gu zrn an
City of Fort Worth
1000 ThrockmOrton
Fort Worth, Texas 76102
All time pleriods related to any notice requirements specified 'in the Lease shall
cormn,ence upon the terms specified in the section requiring the notice.
0 A,-%L
SECJJON 15. Holdmg fiver. In. the event Lessee remains in possession se
of the Lead
Premises after the expiration of this Lease and without the execution, of a new lease, it
shall be deemed to be occupying the Leased. Premises on a month-to-month tenancy,
subject to all of the terins. of this Lease.
SECTION 16. Police Protection. Lessor agrees and understands that Lessee shall
not provide :creased police protection or more rapid response time because of this
Lease. No special relationship shall exist between Lessor or Lessee, other thain that
of landlord and Lessor agrees and understands that Lessee shall not provide
increased police protection or more rapid response tithe because of this Lease. No
special relationship shall exist between Lessor or Lessee other thaw that of landlord
of Fort Worth L ' e Page 5
Lase between City of Fort Worth and Oakwind, Ltd.
MSC L- 1.5643 Approved December 1 0, 2 013
IV
and tenant. Lessee shall provide no greater police protection to Lessor than IS
provided to all other residents and business of the City of Fort Worth.
SECTION 17, Entire A eement. 'ads Lease shall Constitute the entire agreement of
the Lessor and Lessee, and shall supersede any prior agreements, either oral or written,
pertaini ng to the Leased Prenu,ses.
I
SECTION 18. Wavers. One or more waivers of any covenant, temi-,, or condition of
the Lease by either Lessor or Lessee shall not be construed, as a waiver of a subsequent
breach of the same coveriai'A. ten n, 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 1.9. Choice of Law and Venue. This lease and the relationship created
jr%p-f� T T
hereby shall be governed by the laws of the State o-i i exas. v en for any action brought
to interpret or enforce the terins, of the Lease or for any breach shall be in Tarrant County,
'Texas.
SECTION 20. Signage. Lessor mid Lessee hereby acknowledge and agree that Lessee
shall be responsible, in its sole cost and expense, for the installation and maintenance
(i.e.,, in good, condition and in. proper operating order at all times) of Lessee's signage
above the storefront or on. .he windows or door of the Leased Premises, which signage
shall he approved by Lessor as to construction, method of atta,clurient, size, shape, height,
lighting, collor, location and general appearance; provided, however, that Lessor shall not
unreasonably withhold its consent to any sucli signage.
SECTION 21. 'Government Regulations. Lessee agrees to comply with all applicable
Federal, state and mtu-iicipal laws,, statutes, ordinances, codes or regulations in connection,
with the use of the Leased Premises. Not-withstanding the above, Lessor (1) shall make
all improvements necessary to make the Leased, Premises comply with the Americans
A
with Disabilities, Act of 1990 ("ADA"), 42 U.S.C. §12101. et se q, AND SHALL FtTLLY
INDEMNIFY AND HOLD HARMLESS LESSEE FROM AND AGAINST ANY
AND AILI'_j CLAIMS, LOSSES, DANIIAGES, SUITS, AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITITGATION,ARISING OUT OF OR
IN CONNECTION WITHTHE LEASED PREMISES' COMI'LIANCE, OR LACK
OF COMPLIANCE, WITH THE ADA, AND (11") SHALL _MAK]E ALL
IMPROVEMENTS NECESSARY TO CIRREC1 I AND/OR ABTE ALL
ENVIRONMENTAL HAZARDS OF THE LEASED PREMISES NOT, CAUSED,
BY'OR RELATED TO ANY NEGLIGENCE BY LESSEE, OR ITS EMPLOYEES,
AGENTS OR INVITEES.
City of Fort Worth Lease Page 6
Lease between City of Fort Worth and Oakwind, LAd
M&�C L- 15 643 Approved December 10, 01 31
S,I G ED this day of VT
20
LESSOR.- LESSEE C11"Y OF OR WOR"'FH
OAKWIND, LTD.,
A Texas L.,imited Partnership
Bly .- SpeiTy Vw-i Ness/Visions Conu-iiercial,
s,C yation, lit's managing agent
15y: B
. ........... Y Awl
'harles Daniels
C int Montgomery
Vice rani en Assistant City Manager
APPROVED AS TO :FOR AND L.E.GALITY.-
fhe
Assi'stant City Attolm,6
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City
Date.- January 25 2 0 14 IT
OFFICIAL RECORD
City(?f Fort Worth Lease Plage'7
CITY SECRETARY
Tl
Lease beve en City of Fort W'oj,I'I-t and Oakwind, J.Ad, ,
M&C L- 15643 Approved December 11 01,2013
ACKNOWLEDGEMENT
STATE OF TEXAS
COUN'TY OFJ"ARR-ANT §
BE O -4 the undersigned authority, a Notary Public in for the State of
Texas,, on this day personally ap ear d Clint Montgornery, known to me to be the same
person whose n. e is subscribed to the forego 'instrument, and acknowledged to me
that the same was the act of Clint Montgomery, and that lie executed the same as the act
M
of said. Managing, agent for O kwind Ltd.., for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN" UNDER .DIY HAND AND SEAL OF OFFICE tlu
day of
2
IT
.tart' Public in and for the State of Texas
4
_n
� MELISSA . MAXWELL
Notary Public, State of Texas
My Commission Expires
Jarmary 05, 2016
City of Fort 01 r h Lease Page
�,',.,ease between City of dart Worth and Oakes ���. Ltd
M&C,L- 15643 Approved.December 10, 2013,
ACKNOWLEDGEMENT.
STATE F TEXAS
COUNTY OF TARRANT §
BEFORE E the undersigned a .thority, a Notary Public in a nd for the Mate of
Texas, dad �r �a. appeared
`µ . cawn to me to be the same
person hose name is subscribed to the foregoing instrument, and acknowledged to me
C^ I
Ap
that the same was the act of R d that e'execti,ted the same as the act of
said City of Fort Worth for the purposes and consideration therein x ress d and in the
capacity therein stated.
GIVEN UNDER MY 'HAND AND SEAL OF OFFICE h
day o
12014.
Notary Pubtic in and f r the State of Texas
EVONIA DANIELS
VONIA DANIELS
'tlra'",a,"�.w ro"" " wh 'u;. w �b �,4 �&'�i i m 0 Expires
x� as ""§ &'�
Uly 100 2017
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City of F Worth Lease
Lease between City of FortW'orth and Oa win ,Ltd
L- 15643 Approved December 10,2 , 3
lid
EXHIBIT A
Legal Description*. Fringe Site
Lot.- 2R
Block: 5
Addition: Ridgmar Mall.
City qfFort Worth L e(is e Page 10
Lease between City of Fort Worth and Oakwind, Ltd
M&C L- 15643 Approved December 1 10, 2013
M&C 'Review Page I 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo Ri WO RT H
COUNCIL ACTION.- Approved on 12/101/2013,
YIiG4GYdM1��
DATE. REFERENCE **L-1 5643 LOG NAIVIE- 176833,/G REEN OAKS
I It 4
NO.0
CODE-0 L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT.- Authorize Execution of a Two, Year Lease Agreement with Oakwind, Ltd., for Office
Space Located at 6833, Green oaks Road for the Police Department in the Amount of
$9,000.00 Annually, with an Option to Renew for Two Additional One-Year Periods
(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Two, Year Lease Agreement with
Oakwind, Ltd., for office space of approximately 1X000 square feet located at 6833, Green Oaks Road
for the Police Department in the amount of$9,000.00 annually, with an option to renew for two
additional one-year periods.
DISCUSSION:
The Housing and Economic Development Department,I Real Property Services Division, at the
request of the Police Department, has negotiated the lease space to be utilized as a police storefront
by neighborhood patrol officers and Citizens on Patrol members.
Thee lease term will be for 24 months, beginning on November 1, 2013 and terminating on October
3111 20151, with two one-year options to renew. The rent for the original two year term will be in the
amount,of$75,01.,0:0: Per month. The renewal rates will be ins the amount of$7951.00 per month for the
first renewal and the amount of$819.00 per month for the second renewal. Under the terms of the
lease, the City of Fort Worth (City) is responsible for utility payments, including telephone, with the
exception of water charges. The Police Department has occupied this space since Marc�h 6, 2001.
RENEWAL OPTIONS - This Agreement may be renewed for up to two successive one-year terms at
I
the City's option. This action does, not require specific City Council approval provided that the City
I
Council has appropriated sufficient funds,to satisfy the City's obligation during the renewal term.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATIONXERTIFIGATION:
The Financial', Management Services Director certifies that'funds are available in the current operating
budget, as appropriated, of the Crime Control and Prevention District Fun�dl.
To Fund/Accou!nVCe�nters FROM Fund/Acco unit/Centers
GR79 539120 0359501 L9
,J0100.00
...................................... ........ ............... .................................. ............._._................___...........
'ubmitted for City Manager',s, Office, Fernando Costa (6122)
Orig.Lpating De artment Head: Jay Chapa (851)
Additional Information Coqtac1t,*,
http://apps.cfwnret.org/counc*I
.1 _packet/mc—re view.asp?ID—1914 7&counci I date 12/1 01/20 3 1/25/2014
M C Re le Page 2 of
Cynthia arc a ( i
ATTACHMENTS
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