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HomeMy WebLinkAbout024951 - General - Contract - Ballet Folkorico Azteca de Fort Worth, Inc.CITY SECRETARY CONTRACT NO. �4{95 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § LEASE AGREEMENT ON FIRE STATION NO.25 This Agreement is entered into by and between the City of Fort Worth, a Texas home rule municipal corporation, acting by and through Ramon Guajardo, its duly authorized Assistant City Manager, and hereinafter called "Lessor," and Ballet Folkorico Azteca de Fort Worth, Inc., a Texas nonprofit corporation, acting by and through its duly authorized representative, Carmen Garcia, hereinafter called "Lessee"; WITNESSETH That for and in consideration of the payment of the rentals hereinafter set out and the performance of the covenants and agreements herein set forth, Lessor has contracted with and does hereby lease unto Lessee an area measuring approximately One Thousand Five Hundred (1,500) square feet in the former Fire Station No. 25, a single -story structure located at 2909 Schwartz Ave., legally known as Lots 11 and 12, Block 60, W.A. Archer's Addition, in the City of Fort Worth; said occupancy being of the whole of such structure and of the parking area adjacent thereto. This agreement shall be further subject to the following terms, promises, agreements, conditions and covenants: 1. Lessor does hereby lease to Lessee the above -described premises for a period beginning May 1, 1999, and ending April 30, 2000, with five (5) one (1) year options for renewal. Lessee may exercise its option for renewal by giving written notice of Lessee's intent to exercise an option for renewal under this lease to the Lessor no later than thirty (30) days prior to the expiration of the initial term of this lease, or any renewal term of this lease. 01 Lessee covenants and agrees to pay to Lessor as rental for said premises the sum of the One Dollar ($1.00) per year. Lessee further covenants and agrees to accept the demised premises in their present condition; Lessee further agrees that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by Lessor as to the condition of the premises or their suitability for the purposes intended. El,c% RO 9U o 3. Lessee covenants and agrees to renovate the premises at its own expense so that the facility of the same may be used for the operation by Lessee of a local non-profit performing arts company for citizens of Fort Worth. Lessee agrees that the leased premises will be used solely for the following purposes: (a) the business administration of a non-profit ballet company, and (b) the storage of costumes and property used in the performance of a non-profit ballet company, and (c) periodic meetings for the purpose of performances, auditions, rehearsals and practices for the furtherance of a non-profit ballet company. Lessee covenants and agrees that it will, at its expense, keep and maintain the demised premises in good condition; that Lessee will do all work and make all repairs necessary or advisable to keep the demised premises from deteriorating in value or condition and to restore and maintain the demised premises in as good condition as Lessee found them at the time it took possession under this lease. Lessor shall have the right and privilege, through its agents and officials, to make inspections of the demised premises and thereafter to make recommendations to Lessee of any repairs that, in Lessor's opinion, are necessary to be performed by Lessee upon the demised premises in accordance with the foregoing. In this connection, Lessee agrees and covenants that it shall, within ninety (90) days from the date that such recommendations are made, make complete arrangements for the making of such repairs. In the event that Lessee shall fail to undertake such recommended repairs within the time provided, it is understood and agreed that Lessor may, within its discretion, undertake to make such repairs as it may deem necessary for and on behalf of Lessee, and, in such event, the cost of such repairs shall be an obligation on Lessee to pay same within thirty (30) days following the completion of such repairs. 5. Lessor expressly disclaims any warranty of suitability that may arise by operation of law. Lessor does not warrant that there are no latent defects in the premises that are vital to the Lessee's use of the premises for their intended purpose nor does it warrant that the premises will remain in a suitable condition. Lessee expressly agrees that it is being granted the use of the property "as is," whether suitable or not, and expressly waives the implied warranty of suitability. 6. Lessee covenants and agrees that it will not make or suffer any waste of the demised premises, nor shall lessee make any alterations to said premises, except such alterations as may be first approved in writing by the City Manager or his duly authorized representative. Any such alterations, if permitted by Lessor, shall be made at Lessee's sole expense and shall be done in a -2- good and workmanlike fashion approved by and acceptable to the Director of Public Works of the City of Fort Worth. In no event shall any person participating in any such alterations on the demised premises be considered an officer, agent, servant, employee, contractor or subcontractor of the City of Fort -Worth. Any such alteration which is of a permanent nature and which cannot be removed without structural damage shall become and be the property of the City of Fort Worth and shall be surrendered as a part of the demised premises upon the expiration or termination of this agreement. Lessee covenants and agrees that it, shall not make or suffer any unlawful, improper or offensive use of the demised premises or any part thereof. Lessee further agrees that it will use its best efforts to prevent such unlawful, improper, or offensive use by its officers, agents, employees, licensees, invitees or patrons. Lessee further agrees to maintain and police the area in order to keep the premises in a clean and sanitary condition at all times and shall comply with all ordinances of the City of Fort Worth. The City's agents, servants or employees shall be permitted by Lessee to make inspection of the premises at any time to ascertain compliance with the terms and provisions of this lease agreement. Lessee shall exercise its rights and privileges hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City of Fort Worth. Lessee shall have exclusive control of and the exclusive right to control the details of its operations on the demised premises, and all persons performing same, and Lessor shall in no way be responsible for the acts and omissions of Lessee's officers, agents, servants, employees, contractors, subcontractors and patrons. The doctrine of respondeat superior shall not apply as between Lessor and Lessee, its officers, agents, servants, employees, contractors, subcontractors or patrons and nothing herein shall be construed as creating a partnership or joint enterprise between Lessee and the City of Fort Worth. In no event shall any person participating in the Lessee's operations on the demised premises be considered an officer, agent, servant or employee of the City of Fort Worth. a Lessee covenants and agrees that it shall not sublet or assign all or any part of its rights, privileges or duties under this lease agreement without first obtaining Lessor's written consent, and any attempted sublease or assignment of any part of the premises without such written consent of Lessor shall be void and constitute a breach of this lease contract. 10. Lessee covenants and agrees to indemnify, hold harmless and defend, Lessor, its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the leasing, maintenance, use or occupancy of said premises -3- during the term of this agreement; and Lessee hereby assumes all liability and responsibility of Lessor, its officers, agents, servants and employees for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character whether real or indirectly, the leasing, maintenance, use or occupancy of said premises during the term of this agreement. Lessee shall likewise indemnify and hold harmless Lessor for any and all injury or damage to said premises during the term of this agreement, whether arising out of or in connection with any and all acts or omissions of Lessee, its officers, agents, servants, employees, contractors, subcontractors, licensees, invitees, patrons, whether or not caused, in whole or in part by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees, invitees or patrons of Lessor. Notwithstanding anything contained herein to the contrary, Lessee shall not be liable to Lessor or to Lessor's employees, agents or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the premises, to the extent that such injury or damage is caused by the gross negligence or willful misconduct of Lessor, its agents or employees, or any other person entering the premises under the express or implied invitation of Lessor, or to the extent that such injury or damage arises out of any breach or default by Lessor in the performance of Lessor's obligations hereunder, and Lessor hereby agrees to indemnify Lessee and hold Lessee harmless from any of Lessee's documented losses, expenses or claims arising out of such injury or damage. 11. Lessee agrees that, in the event Lessee shall fail or refuse to fully perform and satisfy all of its covenants and obligations hereunder, whether expressed or implied, then the Lessor may, without notice and without being deemed guilty of trespass and without any liability whatsoever on the part of the Lessor, terminate this agreement and enter and obtain possession of the premises and remove Lessee from same, and such removal and termination shall not be construed to relieve or release Lessee from any liability or obligation unto the Lessor previously incurred under this lease agreement. Lessee hereby grants a lien to the Lessor upon all personal property belonging to the Lessee in or on the above -described premises as a possessory pledge to secure the timely performance by Lessee of all of its obligations hereunder, and in the event of default by Lessee, the Lessor is and shall be empowered and authorized to seize and hold all of the personal property belonging to Lessee on the above -described premises to secure such performance, to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale and to pay a amounts due the Lessor hereunder, holding the balance remaining, if any, subject to Lessee's order. A copy of this agreement shall be the only warrant required. 12. Lessee further agrees and covenants that it will, at the end of the term of this lease, peaceably deliver upon into Lessor the demised premises and all appurtenances or improvements thereon in a good state of repair, as aforesaid, and vacant, unencumbered and in at least as good and tenantable condition as at the inception of this lease. -4- 13. Lessee covenants and agrees to comply with all laws, federal, state and local, including all ordinances of the City of Fort Worth and all rules, regulations and requirements of the Police and Fire Departments and shall obey all other regulations of the City of Fort Worth, and Lessee will obtain and pay for all necessary permits, licenses and fees used in connection with the use of the premises. 14. Lessor assumes no responsibility for any property placed on the premises, and Lessor is expressly released and discharged from any and all liability for any loss, injury or damage to persons or property that may be sustained during the use and occupancy of the demised premises. 15. Lessee agrees that it shall not do or permit to be done anything in or upon any portion of said building or bring or keep anything therein or thereon which will in any way conflict with the conditions of any insurance policy upon the building or any part thereof, or in any way increase the rate of fire insurance upon the building or property kept therein, or in any way obstruct or interfere with the right of the other tenants of said building, or injure or annoy them. 16. Lessee agrees that any additional electrical or utility service required by Lessee will be furnished at its sole expense. 17. If Lessee, as a charitable association, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, Lessee hereby expressly waives its rights to plead defensively such immunity or exemption as against Lessor. 18. Lessee covenants and agrees to supply a certificate of public liability insurance; such insurance shall be in effect for the period of this agreement, for face amounts as follows: Property damage $100,000 Body injury including death, each person $250,000 Bodily injury including death, each accident $500,000 -5- with the understanding and agreement by Lessee that such insurance amounts shall be revised upward at City's option and that Lessee shall make all reasonable efforts to revise such amounts within thirty (30) days following notice to Lessee of such requirements. Lessee agrees that, in the event of loss due to any of the perils for which he has agreed to provide insurance, he shall look solely to his insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing insurance to him with respect to the demised premises, a waiver of any right of subrogation which any insurer of Lessee may acquire against Lessor by virtue of payment of any loss under such insurance. 19. Lessee covenants and agrees to post, in a conspicuous place on the premises, a list of all prices authorized to be charged for any items of goods or services sold hereunder. Such price list shall be submitted to the office of the City Manager for prior approval, and no goods or services shall be sold hereunder without the prior approval of the City manager or his duly authorized representative. 20. Lessor may terminate this lease at the end of the initial term, or any renewal term, of this lease upon thirty (30) days written notice of such termination. In the event that Lessee fails to comply with or breaches any of the terms and provisions of this lease, Lessor shall give Lessee written notice of such breach. If Lessee fails to cure the breach within ten (10) days of receiving notice, Lessor shall have the right to declare this lease terminated without further notice to Lessee. Any failure by Lessor to so terminate this lease or the acceptance by Lessor of rentals for any period of time after any breach, default or failure by Lessee shall not be determined to be a waiver by Lessor of any rights to terminate this lease or any subsequent breach, default or failure. 21. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 22. This written instrument constitutes the entire agreement by the parties hereto concerning the demised premises and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this 1_ day of Ate, A.D. 1999. ATTES : CITY OF FORT WORTH By: Assistant City Attomf Ramon Guajardo, ssistant City Manager 547/9Y Date L- /aO / Contract Authorization Date BALLET FOLKLORICO AZTECA de FORT WORTH, INC. By: Carmen Garcia, President 7- STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Ramon Guajardo, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposed and consideration therein expressed and in the capacity therein stated. , GIVEN UNDER MY HAND AND SEAL OF OFFICE this OI day of ,19. LIIII] ARY PUBLIC blic in and o the State of Texas STATE OF TEXAS § §, COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Carmen Garcia, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act and deed of Ballet Folklorico Azteca de Fort Worth, Inc., for the purposed and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .27 ' day of LIIII1 RCIA LICas1-3001 Notary Public in and for the State of Texas City of Fort Worth, Texas "affor and Council Commuuicntion DATE 7/21/98 REFERENCE NUMBER **L-12289 LOG NAME 30FIRE PAGE 1 of 1 SUBJECT LEASE OF FIRE STATION #25, 2909 SCHWARTZ AVENUE TO BALLETS FOLKLORICO AZTECA RECOMMENDATION: It is recommended that the City Council: 1. Approve the lease of the surplus City -owned property described below to Ballet Folklorico Azteca; and 2. Approve the rental receipt of $1.00 per year for one (1) year; and 3. Approve the option to renew the lease for five one-year terms at a rental rate of $1.00; and 4. Authorize the City Manager to execute the appropriate lease. DISCUSSION: The City of Fort Worth owns the property located at 2909 Schwartz Avenue, which was used as Fire Station #25 until it was replaced by a newer facility. Real Property Management has advertised the property for sale by sealed bid, but has been unable to sell the property. This property is owned in fee simple by the City. At the request of the City Manager, Real Property Management has prepared the lease for the property to Ballet Folklorico Azteca, a local non-profit performing arts company. Ballet Folklorico Azteca will be responsible for the payment of utilities, making the building habitable and maintaining the building and premises throughout the lease. The term of the lease is for one year, with five one-year options to renew the lease by mutual consent of the City and Lessee. The lease may be canceled upon thirty (30) days notice by the City after the one-year initial term. FISCAL INFORMATION/CERTIFICATION: The Real Property Management Section of the Department of Engineering is responsible for the collection and depositing of funds from this lease. MG:j Submitted for City Manager's Office by: FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) Ramon Guajardo 6140 APPROVED CITY COUNCIL GG01 444563 0134020 $1.00 Originating Department Head: A. Douglas Rademaker 6157 JUL 21 1998 (from) lt��a1 Additional Information Contact: Richard Tucker 8009 City Secro ary of the city qi ,'oat WW'o=TjT;'"�r