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HomeMy WebLinkAbout064334 - General - Contract - G5 Meadowbrook LLC64334 CSC # LEASE AGREEMENT BETWEEN THE TENANT OF FORT WORTH AND G5 MEADOWBROOK LLC THIS LEASE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas ("Landlord") and G5 MEADOWBROOK LLC, a limited liability corporation, ("Tenant") WHEREAS, Landlord and City wish for City to lease use of suite 6717 from Landlord at the Meadowbrook East Shopping Center ("Shopping Center") located at 6717 Meadowbrook Drive, Fort Worth, Texas 76112 to be used as an office for the Fort Worth Police Department; and NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, Landlord and City hereby agree as follows: Leased Premises, Use of Premises. 1.1 Leased Premises. For and in consideration of the agreements of the parties expressed herein, Landlord does hereby grant to City the use of suite 6717 located at 6717 Meadowbrook Drive, Fort Worth, Texas 76112 as set forth in greater detail in Exhibits A and B, which are attached hereto and incorporated herein ("Premises"). 1.2 Permitted Use. City will use the Premises during the term of the Agreement for an office for general law enforcement functions whereby the Landlord, Tenants in the Shopping Center, and the public can have greater access to law enforcement in cooperation with state and local agencies ("Permitted Use.") City shall not use the Premises to incarcerate prisoners or conduct interviews of persons on parole or probation. City agrees that it will not use, or permit or suffer the use of, the Premises, or any part thereof, for any other business or purpose. City shall keep no domestic or other animals, including dogs, on or about the Premises. 1.3 Nature of Lease. No legal title, easement or other possessory interest in real estate, including any leasehold interest in the Premises, or any appurtenances thereto, shall be deemed or construed to have been created or vested in City, except as contained in this Agreement. City does not in any way or for any purpose, become a partner of Landlord in the conduct of business, or otherwise, or joint venture or a member of a joint enterprise with Landlord. 1.4 Conduct of Business. City shall conduct its Permitted Use in the Premises in a first class manner, shall provide for security in the Premises and shall abide by all rules and regulations existing OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX or as established by Landlord, from time to time, for tenants in the Shopping Center. City shall not solicit business other than in the Premises. City shall conduct its Permitted Use during the regular hours of operation of the Shopping Center, as established by Landlord from time to time, unless otherwise agreed upon in writing executed by Landlord. City shall not permit the accumulation of rubbish, trash, garbage and other refuse in and around the Premises, will remove same at City's expense, and will keep such refuse in proper containers on the interior of the Premises until removal by City to the collection area designated by Landlord. City hereby assumes all responsibility for obtaining and keeping effective all Leases, permits and approvals necessary to allow the operation of the business and shall otherwise comply with all applicable governmental rules and regulations concerning such operation. Notwithstanding anything herein to the contrary, Landlord agrees and understand that City in no way provide increased police protection or more rapid emergency response time because of this Agreement; no special relationship shall exist between Landlord or City because of this Agreement and City shall provide no greater police protection to Landlord than is provided to all other residents and businesses of the City of Fort Worth. 2. Term and Lease Fee. 2.1. Primary Term. Unless terminated earlier pursuant to the terms herein, the initial term of this Agreement shall be effective beginning on the November 1, 2025 and ending on the November 30, 2026 ("Primary Term"). 2.2. Renewals. Subject to City not being in default under this Agreement, this Agreement provides for two (2) automatic one (1) year renewals at the end of the primary term unless either party provides thirty (30) days' prior written notice otherwise. The first renewal expires on November 30, 2027. The second renewal expires on November 30, 2028. 2.3. Holdover Tenancy. Unless terminated earlier pursuant to the terms herein, this Agreement will expire without further notice upon the expiration of all renewals. If City holds over and continues in possession of the Premises after the Term expires, City will be considered to be occupying the Premises at will subject to all terms of this Agreement. 2.4. Lease Fee. City agrees and shall pay to the Landlord as base rent for the Premises during the said Primary and Renewal Terms, the total sum of $0.00 per year. 3. Condition of the Premises. CITY EXPRESSLY ACKNOWLEDGES AND AGREES IT HEREBY ACCEPTS THE PREMISES, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF THE LANDLORD AND TENANT TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. 4. Security Deposit. Landlord and cITY each acknowledge and agree that no security deposit for the Premises has been received by the Landlord from City, and therefore, the Landlord shall have no obligation to refund any such amounts to City upon the termination of this Agreement. 5. Utilities and taxes. Landlord shall pay for standard utilities except for internet and telephone, unless otherwise agreed by the parties and taxes related to the Premises. 6. Repairs and Maintenance. If deemed necessary or desirable by Landlord, any such repairs (including structural repairs) or general maintenance shall be Landlord's sole responsibility and expense. City shall maintain the Premises as necessary to serve City's purpose hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to make any repair necessitated by the negligence of City or by any breach of this Agreement by City. 7. Alterations, Improvements and Signage. City shall make no alterations or improvements to the Premises without the prior written consent of the Landlord. Any City improvements approved by the Landlord and made by City after the Effective Date which remain on the Premises after the termination of this Agreement may become the property of the Landlord and may be disposed of as the Landlord may determine with no liability or obligation to City. Landlord agrees to install signage, at the cost of tenant and per design approval by Landlord, designating the Premises as the Fort Worth Police Department. Sign purchase must comply with Tenant of Fort Worth purchasing policies. 8. Right of Entry. Upon request of the Landlord, City agrees to cooperate with the Landlord to accommodate the Landlord's conduct of surveys, environmental site assessments, geotechnical assessments, subsurface utility investigations of the Premises (including structures) and show the Premises to prospective tenants, buyers or lenders so long as such assessments, investigations or showings do not unreasonably interfere with City's use of the Premises, as determined in City's sole discretion. 9. Insurance. 9.1. The Landlord shall have no contractual obligation to insure the Premises or any of City's personal property located thereon or therein. 9.2. City is a self -funded entity and as such may not maintain a commercial liability insurance policy to cover premises liability. Damages for which City would ultimately be found liable would be paid directly and primarily by the City and not by a commercial insurance company. 9.3. In the event the Premises or City's contents or personalty located thereon or therein are damaged or destroyed by fire or other casualty for which insurance is maintained by City, the rights of City against the Landlord with respect to such damage or destruction or claim are waived; all rights of subrogation in favor of any other third party are waived; all policies of insurance shall contain a clause or endorsement providing in substance that the insurance shall not be prejudiced if the City has waived right of recovery from any person or persons prior to the date and time of loss or damage, if any. The failure of City to obtain such endorsements, however, shall not negate or otherwise adversely affect the waiver of subrogation herein set forth, which waiver in all instances shall be binding upon the City and its respective insurers, as well as any other person asserting a claim by, through or under City. 10. Limitation of Right of Recovery against Landlord. Except for the gross negligence or willful misconduct of City, or a breach of this Agreement by City or its agents, attorneys, employees, contractors, representatives, officers, directors, and related parties, Landlord hereby indemnifies City or its agents, attorneys, employees, contractors, representatives, officers, directors, and related parties against all claims, assertions, demands, rights, or causes of action which (i) arise from or in connection with the common areas of the "Project" in which the Premises is located; or (ii) result from the gross negligence or willful misconduct of Landlord or its agents, attorneys, employees, contractors, representatives, officers, directors, and related parties. 11. Environmental Matters. 11.1. For purposes of this Agreement, "Hazardous Materials" means and includes those substances deemed hazardous, toxic or dangerous under any Hazardous Material Law (defined below), including, without limitation, asbestos or any substance containing asbestos, the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxiTenant, pollutants, effluents, petroleum and fuels derived therefrom, contaminants, emissions or related materials, and any items included in the definition of hazardous or toxic waste, materials, chemical compounds or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present or future local, state or federal law or treaty, and any amendments thereto, including any common law doctrine of liability, relating to the environment, environmental protection or environmental conditions, including, without limitation, (i) the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. ("ESA"), as amended from time to time; (ii) the Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq., as amended from time to time, including, without limitation, as amended by the Resource Conservation and Recovery Act of 1976 ("RCRA") and the Hazardous and Solid Waste Amendment of 1984; (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 9601 et seq., as amended from time to time, including, without limitation, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA'); (iv) the Federal Water Pollution Prevention and Control Act, 33 U.S.C. §§ 1251 et seq., as amended from time to time; (v) the Air Pollution Prevention and Control Act, 42 U.S.C. §§ 7401 et seq., as amended from time to time; (vi) the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq., as amended from time to time; (vii) the Safe Drinking Water Act, 42 U.S.C. §§ 300f-300j, as amended from time to time; (viii) the Texas Hazard Communication Act, Tex. Health & Safety Code §§ 502.001 et seq., as amended from time to time; (ix) the Texas Solid Waste Disposal Act, Tex. Health & Safety Code §§ 361.001, et seq., as amended from time to time; (x) Chapter 26 of the Texas Water Code, as amended from time to time; (xi) the Texas Clean Air Act, Tex. Health & Safety Code §§ 382.001, et seq., as amended from time to time; and (xii) all rules, regulations, orders and decrees now or hereafter promulgated under any Hazardous Material Law. 11.2. City shall not allow or permit the Premises to be used for the handling, transportation, storage, treatment or other use of any Hazardous Material, except those de minimus amounts customarily found in a police office or used in the operation, maintenance or repair of equipment, and improvements on the Premises and for cleaning.. Landlord and its agents, employees and contractors, shall have the right, but not the obligation, to enter the Premises at all reasonable times to inspect the Premises and City's compliance with the terms and conditions of this paragraph or to conduct investigations and tests. No prior notice to City shall be required in the event of an emergency, or if Landlord has reasonable cause to believe that violations of this paragraph have occurred, or if City consents at the time of entry. 12. Assignment or Encumbrance. 12.1. Without the prior written consent of the Landlord, which may be withheld in the Landlord's sole discretion, City may not mortgage, pledge, encumber or assign this Agreement or sublet the Premises, in whole or in part, to any person, firm, or corporation. Any attempted sublease or assignment without such consent shall be void and of no effect. 12.2. City agrees to prevent any mechanic's, materialmen's, laborer, or any other lien from being placed upon all or any portion of the Premises or improvements thereto. 13. Defaults and Remedies. 13.1. City's failure to perform or observe any covenant or condition of this Agreement shall, if continuing for thirty (30) days after written notice thereof to Tenant, constitute an "Event of Default" hereunder. 13.2. This Agreement and the term and estate hereby granted and the demise hereby made are subject to the limitation that if and whenever any Event of Default shall occur, the Landlord may, at its option, terminate this Agreement, in which event City shall surrender possession of the Premises to the Landlord, and in connection therewith the Landlord may enter upon and take possession of the Premises and expel or remove City after City receives notice of such Event of Default. 13.3. In the event the Landlord elects to terminate this Agreement by reason of an Event of Default, then, notwithstanding such termination, City shall be liable to the Landlord for the sum of any indebtedness accrued to the date of such termination. 14. Termination. Either party may terminate this agreement without causc by providing 30 day written notice to the other party. 15. Notices. 15.1. All notices to the Landlord shall be sent to: G5 MEADOWBROOK LLC PO Box 22759 Houston, Texas 77227 Attn: Zach Weik 15.2. All notices to Tenant shall be sent to: Tenant of Fort Worth Property Management Department 100 Fort Worth Trail Fort Worth, Texas 76102 Attention: Lease Management With a copy to: Tenant of Fort Worth Police Department Bob Bolen Public Safety Complex 505 West Felix Fort Worth, Texas 76115 Attention: Planning Manager Tenant of Fort Worth Tenant's Attorney Office 100 Fort Worth Trail Fort Worth, Texas 76102 15.3. Mailing of all notices under this Agreement shall be deemed sufficient if mailed certified, return receipt requested and addressed as specified herein to the other parry's address. All time periods related to any notice requirements specified in this Agreement shall commence upon the terms specified in the section requiring the notice. In the absence of any such provision, notice shall be deemed effective on the earlier of actual receipt or three (3) days after mailing. 16. No Options or Rip-hts of First Refusal. It is expressly agreed and acknowledged that this Agreement is limited to the Premises. Tenant shall have no rights to use from the Landlord any lands other than this Premises, and all options or rights of first refusal in and to any portion of the Premises, if any, are hereby expressly terminated. 17. Entire Agreement; Modification. This Agreement shall constitute the entire agreement of the Landlord and City, and shall supersede any prior agreements, either oral or written, pertaining to the Premises. This Agreement cannot be changed or modified orally, but only by an instrument in writing signed by both parties. 18. Waivers. One or more waivers of any covenant, term, or condition of this Agreement by either the Landlord or City shall not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. The consent or approval by either the Landlord or City 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. 19. No Partnership. No provisions of this Agreement shall be deemed or construed to constitute a partnership or joint venture. City shall have no express or implied right or authority to assume or create any obligations on behalf of or in the name of the Landlord. 20. Choice of Law; Venue. This Agreement and the relationship created hereby shall be governed by the laws of the State of Texas. Exclusive venue for any action brought to interpret or enforce the terms of this Agreement or for any breach shall be in Tarrant County, Texas. 21. Construction. 21.1. Whenever used herein the singular number shall include the plural and the plural number shall include the singular. Whenever used herein the masculine gender shall include the feminine and neuter genders and the neuter gender shall refer to any gender. 21.2. Paragraph headings used in this Agreement are intended for convenience only and not necessarily to describe the intent of a particular Paragraph and therefore shall not be construed as limiting the effect of any provision of this Agreement. 22. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or construed to waive either party's sovereign immunity. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 24. Effectiveness. This Agreement shall be binding upon the City only when signed by its Assistant City Manager and shall be of no force and effect until so executed. 25. Time is of the Essence. Time is of the essence of this Agreement and each and every provision hereof. [Signature Page Follows) EXECUTED this 20th day of November, 2025. TENANT: LANDLORD: City of Fort Worth, a home -rule municipal corporation of the State of Texas ya�� w V%M , 2025 09:00:18 CSTj Assistant City Manager G5 MEADOWBROOK LLC, a limited partnership By: Zach Weik (Nov 17, 202512:37:53 CST) Zach Weik Manager CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Title: Senior Planner APPROVED AS TO FORM AND LEGALITY: By: _[anfiaC_51_41�4zw� & 2&ell P Paai,ara /Nnv 3 J075 10 O_" c Sophie Mathews Assistant City Attorney ATTEST: LIZA 11�_� ,�C ' Jannette Goodall City Secretary Form 1295: 2025-1362599 M&C: 25-0988 Date: 10.21.2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit "A" Map of Area 0 MAR •• �'4. .r WB - T +, W Se IH 30w6 To tH s20 SB IH TO LANDRI T )W VY-p��-J- - H 30 EB-TO IH 620 30 _-- - - - - - — EDERVILLE oA 47 RAVENSWOOD b _ -- UI{ARRINGTON o DOVENSHIRE e r' w r Q 'VIP BRENTWOOD i �9,� g a 3 v w �� GREEN ACRES m c - ROO(HILL 03 JACOUELINE BRENTWOODSTAIR z IAURIE c U ERANWC+OD m LAURIE VANESSA YOLANDA T T' GARY VANESSA YO LA NE \� YOLANDA ,y o e y YOLANDA YOLANDA u Z MADEIR G r Q MADERA MONTF.RF MQNTERREY. ¢ q, ELLIS MONTERREY 2 0P A - CALMA OL { Y g CAHAN YOSEMITE 0 G x x z y NORMANDY w ➢ NORMANDY o ZZ a SiiE LION m h1ARTHq z Meadowbrook East Shopping Center HA fON LAMBETH 1 1 Ll w } G iZJ[WELL Q HIGHTOWER 3 Lu k HIGH70WER HIGHTOWER g > WOODBINE g s NORMA a z °' GREENLEE NORMA S f_.i)RDES a aZ GREENLEE N GREENLEE w GREENLEE U VAN NATTA VAN NATTA VAN NATTA MEADOWCRE w LL z VAN NATTA �WLI KEY Exhibit `B" Suite 6717 floorplan Suite s»T SCALE iR' = 1'-0' Meadowbrook East Shopping Center 6605.6719 Meadowbrook Drrve. Fort Worth Texas City of Fort Worth, Texas Mayor and Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0988 LOG NAME: 216717 MEADOWBROOK FWPD SUBJECT (CD 5) Authorize Execution of a Lease Agreement with G5 Meadowbrook LLC for Approximately 1800 Square Feet of Space Located at 6717 Meadowbrook Drive, Fort Worth, Texas, 76112 in the Meadowbrook East Shopping Center to be Used as a Storefront by the Fort Worth Police Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a lease agreement with G5 Meadowbrook LLC for approximately 1800 square feet of space located at 6717 Meadowbrook Drive, Fort Worth, Texas, 76112, in the Meadowbrook East Shopping Center to be used as a storefront by the Fort Worth Police Department. DISCUSSION: The Fort Worth Police Department (FWPD) has identified approximately 1800 square feet of space located at 6717 Meadowbrook Drive, Fort Worth, Texas, 76112 in the Meadowbrook East Shopping Center to be used as a FWPD storefront. The landlord, G5 Meadowbrook LLC, has agreed to charge no rent in return for the FWPD presence in the area. Approval of this Mayor & Council Communication authorizes the City of Fort Worth and G5 Meadowbrook LLC to enter into a lease agreement to provide for a FWPD storefront in East Fort Worth. This lease commences on the executed date, terminates on November 30, 2027, and includes two (2) successive one (1) year renewal terms to terminate on November 30, 2029. This property is located in COUNCIL DISTRICT 5. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of the recommendation will have no material effect on City funds. Submitted for City Manager's Office by. Valerie Washington 6199 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Mark Brown 5197 Nita Shinsky 8053 FORTWORTH, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: G5 Meadowbrook LLC Subject of the Agreement: FWPD lease renewal M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: November 1, 2025 If different from the approval date. Expiration Date: November 30, 2026 If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. NA *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.