HomeMy WebLinkAbout024930 - General - Contract - Town Mall, Ltd.CITY SECRETARY q.
CONTRACT NO.
LEASE AGREEMENT
STATE OF TEXAS }
COUNTY OF TARRANT }
This lease agreement (Lease) is made and entered into this, the 16th day of May, 1999, the effective date
hereof, at Fort Worth, Texas, by and between Town Mall, Ltd. (Lessor), and the City of Fort Worth, a
municipal corporation, acting by and through its duly authorized representative (Lessee). 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:
900 >n
Office Space of approximately ,1;88fee ocated at 4200 South Freeway, Fort Worth, Texas
76115.
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 a part hereof.
SECTION 2. Use of the Leased Premises. The Leased Premises shall be used as office space for the
Fort Worth Police Department, including off -duty police officers.
SECTION 3. Term and Rent. This Lease shall be for a period of one year commencing on January 1,
1999, and terminating on December 31, 1999, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. Lessee shall pay Lessor annual rent of $1.00, per
year The rental payment shall be made to the Lessor on the first day of the term of the Lease and the first
day of 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, provided that Lessee notifies Lessor in writing of its intent to extend on or before 30
days prior to the expiration of the Lease or any extension. The notice shall be deemed effective when
deposited by Lessee in United States mail, postage prepaid, certified mail, 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, natural gas, water, local telephone, or other utility charges that come due
and payable during the term Lessee occupies the Leased Premises. Lessor agrees to pay all taxes and
insurance as they come due. Lessor shall keep the Leased Premises in good, clean and habitable condition,
normal wear and tear excepted.
COCBAL R CO
CNN SECREARY
Lessor shall renovate the Leased Premises, provide signs and office furniture, and install two
telephone lines. Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air
conditioning, electrical, plumbing, and interior painting or other treatment of interior walls of the Leased
Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation,
exterior walls, heating, air conditioning, electrical, and plumbing 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. 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 6. Termination and Right of Inspection. 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 Lessor.
Lessee shall have the right to terminate this Lease at any time for any reason unrelated to Lessor's
default or breach of any of the terms expressed herein by giving Lessor 30 days written notice prior to the
intended termination date. The notice shall be deemed effective when deposited by Lessee in the United
States mail, postage prepaid, certified mail, return receipt requested, address to Lessor.
If Lessee elects to terminate the Lease because of any alleged default or breach by Lessor of any
Lease provisions, Lessee shall be required to give Lessor immediate notice in writing of that intention
stating specifically the reasons therefor and allowing Lessor seven calendar days after the date of Lessor's
receipt of the notice to cure any or all default(s) or breach(es) specified in the notice. If the specified
default(s) or breach(es) of Lessor are not cured to the satisfaction of Lessee's Administrator of Real
Property Management, the Lease will be terminated.
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,
except that Lessor and Lessee shall be liable for the breach of term covenant or condition contained in this
Lease occurring prior to the date of the surrender of the Leased Premises by Lessee pursuant to the
termination. 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.
Lessor reserves the right to enter upon the Leased 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 7. Funding, Non Appropriation and Termination. 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 8. 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 removal of
furniture and equipment.
SECTION 9. Governmental Regulations. Lessee agrees to comply fully with all applicable Federal,
state and municipal laws, statutes, ordinances, codes, or regulations in connection with use of the Leased
Premises. Provided, however, Lessor (i) shall make all improvements necessary to make the Leased
Premises comply with the American With Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101 et
shall fully indemnify and hold harmless Lessee from and against any and all claims, losses, damages, suits
and liability of every kind, including all expenses of litigation, arising out of or in connection with Leased
Premises' compliance, or lack of compliance, with the ADA, and (ii) shall make all improvements
necessary to correct and/or abate all environmental hazards of the Leased Premises.
SECTION 10. Acceptance of Leased Premises. Lessee represents that it takes the Leased Premises in
good condition and that the Leased Premises are suitable for the purposes for which they are being leased.
SECTION 11. 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
by the laws of the State of Texas. Any person 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 the provisions regarding termination and eviction.
SECTION. 12. Police Protection. Lessor agrees and 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 and 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
of the City of Fort Worth.
SECTION 13. Notices.
All notices to Lessor shall be sent to:
Town Mall, Ltd.
4200 South Freeway
Fort Worth, Texas 76115
All notices to Lessee shall be sent to:
Fort Worth Police Department
Administrator, Fiscal and Equipment Management
350 West Belknap Street
Fort Worth Texas 76102
As well as to:
Administrator, Real Property Management
City of Fort Worth, Texas
927 Taylor Street
Fort Worth Texas 76102
Mailing of all notices under the Lease shall be deemed sufficient if mailed postage prepaid and
addressed as specified change in the other party's address. 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.
SECTION 15. 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 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 16. 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.
This Lease shall be binding on the successors and lawful assigns of Lessor and the successors of
Lessee as permitted by the terms of this agreement and by the laws of the State of Texas. Any person 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.
Signed this )'L day ofLL4tg, , 1999.
ATTEST:
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney, or Designee
Date:
LESSOR: TOWN MALL, LTD.
'\tf'?
By: Stanle i 1
President
Spigel Properties, Inc.
It's General Partner
LESSEE: CITY OF FORT WORTH
By
Gf%7Soy✓
Name
Title
M & C Number: 1 o2 i J / Contract Number:
STATE OF TEXAS
COUNTY OF BAXTER
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Stanley Spiegl , known to me to be the same person whose
name is subscribed to the foregoing instrument, and acknowledge to me that the same was the act of_
Stanley Seigel and that he/she executed the same as the act of said Town Mall, Ltd. for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this i day of
19 q q
°ONNE M, BURGAMY
* tState Texas
rr, c,omm. Exp. 01.12.2003
No Public in and for the Stat Texal3
Exhibit A
Legal Description
A tract of land situated in the J.F. Ellis Survey Abstract No. 490, The John Thornhill Survey, Abstract No.
1519, and the Lewis Wetmore Survey, Abstract No. 1649, all of Tarrant County, Texas, also being all that
certain tract of land known as Block 1, FORT WORTH TOWN CENTER, an Addition to the City of Fort
Worth, Tarrant County, Texas, according to plat recorded in Volume 388-217, Pages 7-8, Deed Records
of Tarrant County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the intersection of the Southerly right-of-way line of East
Bolt Street with the Westerly right-of-way line of Interstate Highway 35W;
THENCE along the Westerly right-of-way line of said
Interstate Highway 35W, the following courses and distances:
South 00 degrees 26 minutes 49 seconds West, 446.76 feet to a 5/8 inch iron rod found;
South 00 degrees 49 minutes 25 seconds East, 225.77 feet to a 5/8 inch iron rod found;
South 00 degrees 00 minutes 50 seconds West, 147.70 feet to a 5/8 inch iron rod found, the beginning of a
curve to the right;
Along the arc of said curve to the right, through a central angle of 30 degrees 05 minutes 00 seconds, a
radius of 660.07 feet, an arc length of 346.57 feet and a long chord of South 15 degrees 03 minutes 20
seconds West, 342.60 feet to a 5/8 inch iron rod found; _
South 30 degrees 05 minutes 50 seconds West, 138.52 feet to a 5/8 inch iron rod with cap stamped 'Carter
& Burgess' found, the beginning of a curve to the left;
Along the arc of said curve to the left, through a central angle of 25 degrees 09 minutes 06 seconds, a
radius of 407.97 feet, an arc length of 179.09 feet and a long chord of South 17 degrees 31 minutes 17
seconds West, 177.66 feet to a 5/8 inch iron rod with cap stamped 'Carter & Burgess' found;
South 47 degrees 15 minutes 16 seconds West, 8.37 feet to a'+' cut in concrete set in the Northerly right-
of-way line of Seminary Drive;
Page 1 of 2
Exhibit A
THENCE along the Northerly right-of-way line of said Seminary Drive the following courses and
distances:
North 89 degrees 37 minutes 00 seconds West, 1279.29 feet to 5/8 inch rod rod set, the beginning of a
curve to the right;
Along the arc of said curve to the right, through a central angle of 27 degrees 48 minutes 00 seconds, a
radius of 460.90 feet, an arc length of 223.63 feet, and a long chord of North 75 degrees 43 minutes 00
seconds West, 221.44 feet to a 5/8 inch iron rod with cap stamped 'Carter & Burgess' found;
North 61 degrees 49 minutes 00 seconds West, 60.21 feet to a 5/8 inch iron rod with cap stamped 'Carter
& Burgess' found, the beginning of a curve to the left;
Along the arc of said curve to the left, through a central angle of 26 degrees 30 minutes 17 seconds, a
radius of 838.94 feet, an arc length of 388.09 feet and a long chord of North 75 degrees 04 minutes 09
seconds West, 384.64 feet to a 5/8 inch iron rod with cap stamped 'Carter & Burgess' set;
North 75 degrees 45 minutes 52 seconds West, 52.83 feet to a 7/8 inch iron rod found;
North 79 degrees 46 minutes 13 seconds West, 136.82 feet to a 5/8 inch iron rod set in the East line of
Missouri, Kansas and Texas Railroad right-of-way;
THENCE along the east line of the said railroad right-of-way, the following courses and distances:
North 13 degrees 30 minutes 03 seconds west, 663.71 feet to a 5/8 inch iron rod set, the beginning of a
curve to the right;
Along the arc of said curve to the right through a central angle of 05 degrees 52 minutes 20 seconds, a
radius of 5679.65 feet, an arc length of 582.10 feet, and a long chord of North 10 degrees 33 minutes 53
seconds West, 581.85 feet to a'Y' cut in concrete found, in the South right-of-way line of the
aforementioned Bolt Street;
THENCE North 89 degrees 59 minutes 13 seconds East, along the said South line of Bolt Street, 2584.43
feet to the POINT OF BEGINNING, and containing 77.087 acres of land, more or less.
Page 2 of 2
Main Level
EXHIBIT "A"
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City of Fort Worth, Texas
"agor and Council Communication
DATE
4/20/99
REFERENCE NUMBER
**L-1 2487
LOG NAME
35SQUARE
PAGE
1 of 1
SUBJECT
POLICE STOREFRONT LEASE OF 900 SQUARE FEET AT 4300 SOUTH FREEWAY
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease for office space located at 4300 South Freeway with
Town Mall, Ltd. at a cost of $1.00 per year; and
2. Approve the lease term of one-year starting January 1, 1999 and expiring December 31, 1999, with
two options to renew for one-year each.
DISCUSSION:
On November 26, 1996, the City Council approved M&C L-1 1887 authorzing a storefront lease at 4300
South Freeway (Town Center Mall). The storefront was relocated to a different space at the same
address by agreement on November 3, 1998. The original lease has expired; a new lease reflecting
the change in location has become necessary. The rental fee will remain at $1.00 per year. The City
bears no responsibility for utility payments.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Crime Controt-and Prevention District Fund.
LW:k
Submitted for City Manager's
Office by:
Libby Watson 6183
FUND
ACCOUNT
CENTER
AMOUNT
CITY SECRETARY
(to)
APPROVED
CITY UNC?L
, )
W�1
CUT Secretary of the
City of Fort Worth. TO
Originating Department Head:
Thomas Windham 4-8385
(from)
GR79
539120
0354700
$1.00
Additional Information Contact:
Thomas Windham 4-8385