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HomeMy WebLinkAbout024953 - General - Contract - Assured Business ParksCITY NO CONTRACT Y � LEASE AGREEMENT STATE OF TEXAS COUNTY OF TARRANT This lease agreement (Lease) is made and entered into this, the lay o , 199 9 , the effective date hereof, at Fort Worth, Texas by and between Assured Business Barks (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: Office Space of approximately 1,400 sq. feet, located at 5824 E. Berry , Fort Worth, Texas. 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. SECTION 2. Use of premises. The leased premises shall be used as office space for a Code Compliance office. SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on _,June 15, 19 99 , and terminating on _June 14, 2000, unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. Lessee shall pay Lessor rent of 680.00 , per month . 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 automatically renewed for successive terms of 12 months each for up to a maximum of two successive terms, subject to the termination provisions of this lease. The terms of this Lease shall continue to govern and control the relationship of the parties during any renewal periods with the exception that the rental during the 2nd rental period shall be $ 714.00 per month. SECTION 4. Taxes, Insurance, Utilities, Care of the of the Leased Premises. Lessor agrees to be responsible for the payment of all water charges that come due. Lessee to be responsible for electrical, natural gas, telephone, janitorial or other utility charges that come due and payable during the term Lessee occupies the Leased Premises. City of Fort Worth Lease Page 1 COTY umC oM 1©© U Ua �JU�:'�Ully Ulr[^Sa 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. 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. Insurance. Lessor agrees to insure the structure and premises of 5824 E. Berry, Fort Worth, Tarrant County, Texas. 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. 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. Lessor shall likewise release, indemnify, hold harmless and defend Lessee from and against any and all claims or suits related in any way to any damage to, or defects in, the Leased Premises or any other adverse consequences related to the Leased Premises, regardless of whether the act of 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 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 Lessee. 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 defaults(s) or breach (es) specified in the City of Fort Worth Lease Page 2 notice. If the specified defaults 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 Premises at all reasonable times for the purpose of inspecting the Leased Premises, provided that such entry does not conflict with ssee's rights hereunder. SECTION 9. Funding, Non -Appropriation and Termination. Thi 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 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 damaged to the Leased Premises caused by the removal of furniture and equipment. SECTION 11. 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, Lessee (i) shall make all improvements necessary to make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 1201 et seq., shall fully indemnify and hold harmless Lessor 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 the Leased Premises' compliance, or lack of compliance, with ADA, and (ii) shall make all improvements necessary to correct and/ or abate all environmental hazards of the Leased Premises. SECTION 12. 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. City of Fort Worth Lease Page 3 SECTION 13. 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 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 14. 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 15. Notices. All notices to Lessor shall be sent to: Assured Business Parks 1001 W. Pleasant Road DeSoto, Texas 75115 Attn. Vic Helton All notices to Lessee shall be sent to: City Services Department Superintendent, Code Compliance Division 1000 Throckmorton Fort Worth, Texas 76102 As well as to: Administrator, Real Property Management City of Fort Worth 927 Taylor Street Fort Worth, Texas 76102 City of Fort Worth Lease Page 4 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 16. 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 17. 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 18. 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. SIGNED this Y day of ',1997 ATTEST: LESSOR: Assured Business Parks City of Fort Worth Lease Page 5 By: Name: c. / e- /�o &A Title: %f -SSe7 - ATTEST: at City ecretary APPR VED AS TO FORM AND LEGALITY: City Attorney, or His?�Ignee Date: M& C Number : STATE OF TEXAS COUNTY OF TEXAS § LESSEE: CITY OF FORT WORTH By: a . Name:. v(e y_ 1?O.SI,'el( Title: Ass 4 . Cetivv r Contract Number: 6 53 BEFORE ME, the undersigned TthorityNotary Public in and for the State of Texas, on this day personally appeared 1, , known to me to be the City of Fort Worth Lease Page 6 same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of as the act of said and that he/she executed the same consideration therein expressed and in the capacity therein stated. for the purposes and GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4'fl day of Legal" Description: Lot: ,199 Ndtaiv Public in a!hd for the State of Texas KRISHA U VALK NOTARY PUBLIC State of Texas Comm. Exp. 0 --25-2002 EXHIBIT A City of Fort Worth Lease Page 7 Block: Addition: Bert 820 Adc-'ovi As recorded in: Volume 33 8 133, Page 50 , Deed Records, Tarrant County, Texas City of Fort Worth Lease Page 8 City of Fort Worth, Texas "Cogorr and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/1/99 **L-12520 21BERRY 1 of 2 SUBJECT LEASE AGREEMENT FOR THE CITY SERVICES DEPARTMENT, CODE COMPLIANCE DIVISION AT 5824 EAST BERRY STREET FROM ASSURED BUSINESS PARK RECOMMENDATION: It is recommended that the City Council authorize: 1. The City Manager to execute a lease agreement with Assured Business Parks for $680 per month ($8,160 annually) for the first year, and $714 per month for subsequent years; and 2. This agreement to begin June 15, 1999, and expire on June 14, 2000, with options to renew for two additional one-year periods. DISCUSSION: Decentralization is an important element of the City Services Department's effort to improve the effectiveness of the Code Compliance Division. Presently, the City is divided into six geographic sectors, and Code Compliance personnel are located in the community areas in which they work. This agreement is necessary to relocate the existing Sector 2 personnel, who are located at a shared storefront with the Police Department at 3322 East Lancaster Avenue. The Police Department has requested this relocation to accommodate more Police Officers that are being assigned to the storefront. No other City -owned facility could be identified in the Sector 2 area. This lease agreement is recommended, as follows: The 1,400 square foot office space, located at ground level of the north side of the complex, offers adequate parking and accessibility to the general public; and • The proposed rates are within the range of those currently charged for the Sector 3/4 lease space at Town Center Mall. The City would be responsible for the payment of all electricity costs; and Assured Business Park has agreed to pay for all costs involved in finishing out the lease space to Code Compliance specifications with the exception of phone and computer line installations. City of Fort Worth, Texas 4velgor and Council commu"icatio" DATE 6/1/99 REFERENCE NUMBER **L-12520 LOG NAME 21 BERRY PAGE 2 of 2 SUBJECT LEASE AGREEMENT FOR THE CITY SERVICES DEPARTMENT, CODE COMPLIANCE DIVISION AT 5824 EAST BERRY STREET FROM ASSURED BUSINESS PARK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds required for this agreement are available in the current operating budget, as appropriated, of the General Fund. CB:k Submitted for City Manager's Office by: Charles Boswell 8511 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED CITY COUNCIL A N 1 1?99 City Secretary of the City of Fort Worth. Texas Originating Department Head: Tom Davis 6300 (from) GG01 537010 0214002 $8,160.00, Additional Information Contact: Tom Davis 6300