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HomeMy WebLinkAbout065201 - General - Contract - Brazos Establishment, LLCCSC No. 65201 RESIDENTIAL LEASE AGREEMENT THIS LEASE (the "Lease") dated this 7th day of May , 2026 BETWEEN: Brazos Establishment, LLC (the "Landlord") - AND - The City of Fort Worth, Texas (who will be referred to Individually as the "Tenant") IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows: Leased Property 1. The Landlord agrees to rent to the Tenant the condo, municipally described as 800 Brazos St #1110, Austin, TX 78701 (the "Property"), for use as residential premises only. The Property is more particularly described as follows: Brazos Place, Unit 1110, Austin, Texas 78701. Neither the Property nor any part of the Property will be used at any time during the term of this Lease by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence. 2. Subject to the provisions of this Lease, apart from the Tenant, no other persons will live in the Property without the prior written permission of the Landlord. 3. No guests of the Tenant may occupy the Property for longer than one week without the prior written consent of the Landlord. 4. No pets or animals are allowed to be kept in or about the Property. Subject to the provisions of this Lease, the Tenant is entitled to the exclusive use of the following parking on or about the Property: Parking Pass to Capital Parking Garage on 206 E 9th. Street, Austin Tx 78701 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6. The Tenant and members of the Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property. 7. The Tenant and members of the Tenant's household will not vape anywhere in the Property nor permit any guests or visitors to vape in the Property. 8. The Landlord agrees to supply and the Tenant agrees to use and maintain in reasonable condition, normal wear and tear excepted, the following furnishings: Kitchen - Kitchen chairs, table, Stove with oven Refrigerator/Freezer - 1 pack of bottled water Under the Sink - Dishwashing liquid, Dishwasher Detergent, All Purpose Cleaner Fire Extinguisher Cabinet left of fridge - Blender, Handheld Electric Mixer, Toaster Countertop - Keurig Coffee Maker, Cooking Utensils, Knives Cabinet Right of Stove - Pots and Pans Drawer Below Stove - Cutting boards, Baking pans Cabinet Above Stove (Left) - Cooking spices ready for use. Cabinet Above Stove (Right) - Cups, plates, bowls Drawer to the Right of stove - Forks, Spoons, Knives Living Room - Air Humidifier, Couch with pull out sofa bed, Coffee table, End table, Entertainment Center, TV. Folding Desk. Rolling Office Chair. Utility Closet - Washer, Dryer Gloves, Surgical Masks, hand sanitizer, First Aid Kit, Oven Mitts, Food Storage Clips, Ironing board, Drying Clothes Rack, Broom, Dustpan, Swiffer, Laundry Detergent, Bleach, Dryer Sheets, Paper Towels, Trash Bags, Trash Can, Recycling Bags Bathroom Cabinets - Bath Towels, Face Towels, Washcloths, Toilet Paper, Hair Dryer Bedroom - Alarm Clock, Queen bedframe, Queen Mattress and boxsprings, duvet cover, bedsheets, Dresser, bench, end tables Bedroom Closet - Hangers, extra blanket, Tower Fan. Term 9. The term of the Lease commences at 4:00 pm on January 1 st, 2027 and ends at 2:00 pm on June 4th, 2027. 10. Any notice to terminate this tenancy must comply with the applicable legislation of the State of Texas (the "Act"). Rent 11. Subject to the provisions of this Lease, the rent for the Property is $3200.00 per month (the "Rent"), with the final month of the Lease term (June 1-4, 2027) prorated at $426.67. 12. Per the tenant's request a professional cleaning service will be provided every 2 weeks for the duration of the tenants lease for $150 per cleaning for 10 cleanings. 13. The total of rent charged during the duration of the lease for 5 months and 4 days in addition to the 10 professional cleanings every 2 weeks amounts to the sum of $17,926.67. 14. The Tenant will pay the Rent on or before the 1 st day of each and every month of the term of this Lease to the Landlord by direct debit from a bank or other financial institution, Venmo, Keycheck.com, Stripe, or Paypal. 15. The Tenant will be charged an additional amount of $50.00 per infraction for any Rent that is received after the greater of 1 day after the due date and any mandatory grace period required under the Act, if any. Security Deposit 16. The Tenant will also pay the Landlord a security deposit of $3,200.00 (the "Security Deposit") on January 1 st, 2027. 17. During the term of this Lease or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following: a. repair of walls due to plugs, large nails or any unreasonable number of holes in the walls including the repainting of such damaged walls; b. repainting required to repair the results of any other improper use or excessive damage by the Tenant; c. unplugging toilets, sinks and drains; d. replacing damaged or missing doors, windows, mirrors or light fixtures; e. repairing cuts, burns, or water damage to rugs and other areas; f. any other repairs or cleaning due to any damage beyond normal wear and tear caused or permitted by the Tenant or by any person whom the Tenant is responsible for; g. the cost of extermination where the Tenant or the Tenant's guests have brought or allowed insects into the Property or building; h. repairs and replacement required where windows are left open which have caused plumbing to freeze, or rain or water damage to floors or walls; i. replacement of locks and/or lost keys to the Property and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys; and j. any other purpose allowed under this Lease or the Act. 18. The Tenant may not use the Security Deposit as payment for the Rent. 19. The Landlord will return the Security Deposit at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear nor for any deduction prohibited by the Act. 20. Within the time period required by the Act and after the termination of this tenancy, the Landlord will deliver or mail the Security Deposit less any proper deductions or with further demand for payment to: City of Fort Worth, Attn: T.J. Patterson, City Attorney's Office, 100 Fort Worth Trail, Fort Worth, TX 76102, or at such other place as the Tenant may advise. Quiet Enjoyment 21. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term. Inspections 22. The Tenant will complete, sign and date an inspection report at the beginning and at the end of this tenancy. 23. At all reasonable times during the term of this Lease and any renewal of this Lease, the Landlord and its agents may enter the Property to make inspections or repairs in compliance with the Act. Tenant Improvements 24. The Tenant may NOT make improvements to the Property. Utilities and Other Charges 25. The Landlord is responsible for the payment of all utilities in relation to the Property. The included utilities are cable, internet, water, electric, trash and recycling services. Insurance 26. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. Governing Law 27. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Texas. Severability 28. If there is a conflict between any provision of this Lease and the Act, the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. 29. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect. Amendment of Lease 30. This Lease may only be amended or modified by a written document executed and signed by the Landlord and involved Tenant. Assignment and Subletting 31. The Tenant will not assign this Lease, or sublet or grant any concession or license to use the Property or any part of the Property. Any assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Landlord's option, terminate this Lease. Additional Clause 32. At the beginning of the rental period the Tenant will provide a one time additional payment of $150 via, Stripe, Paypal, Venmo, or Zelle in addition to the rent charge to be used for professional cleaning services for the condo upon the end of the lease. Damage to Property 33. If the Property should be damaged other than by the Tenant's negligence or willful act or that of the Tenant's employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice. Care and Use of Property 34. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord. 35. The Tenant will not engage in any illegal trade or activity on or about the Property. 36. The Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law. 37. The Tenant will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant. 38. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted. Prohibited Activities and Materials 39. The Tenant will not keep or have on the property any article or thing of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company. 40. The Tenant will not perform any activity on the Property or have on the property any article or thing that the Landlord's insurance company considers increases any insured risk such that the insurance company denies coverage or increases the insurance premium. 41. The Tenant is prohibited from: a. storage of expensive articles on the Property if it creates an increased security risk b. and the growing of, or storage of, medical marijuana on the Property. 42. The Tenant will not perform any activity on the Property that the Landlord feels significantly increases the use of electricity, heat, water, sewer or other utilities on the Property. Rules and Regulations 43. The Tenant will obey all rules and regulations of the Landlord regarding the Property. Lead Warning 44. Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead -based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Arbitration 45. If any dispute relating to this Lease between the Tenant and Landlord is not resolved through informal discussion within 14 days from the date a dispute arises, the Tenant and Landlord shall agree to submit the issue before an arbitrator. The decision of the arbitrator will be binding on the Tenant and the Landlord. Any arbitrator must be a neutral party acceptable to both the Tenant and the Landlord. The cost of any arbitration will be shared equally by the Tenant and the Landlord. Address for Notice 46. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is: a. Name: City of Fort Worth, Attn: TJ Patterson, City Attorney's Office b. Phone: (682) 201-4779 c. Post termination notice address: 100 Fort Worth Trail, Fort Worth, Texas 76102 47. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is: a. Name: Brazos Establishment, LLC b. Address: 151 Secretariat Drive, Austin, TX 78737 The contact information for the Landlord is: c. Phone: (251) 459-3239 d. Email address: johnsoninvestments365@gmail.com General Provisions 48. All monetary amounts stated or referred to in this Lease are based in the United States dollar. 49. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach. 50. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease. 51. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears. 52. Where/if there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease. 53. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act. 54. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. 55. This Lease and the Tenant's' leasehold interest under this Lease are and will be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the Property by the Landlord, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions such liens or encumbrances. 56. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures. 57. This Lease constitutes the entire agreement between the Tenant and the Landlord. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease. 58. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Lease will survive the termination of the Lease, notwithstanding anything in this Lease to the contrary. 59. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible. 60. The Tenant is responsible for any person or persons who are upon or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons. 61. During the last 30 days of this Lease, the Landlord or the Landlord's agents will have the privilege of displaying the usual'For Sale' or'For Rent' or'Vacancy' signs on the Property. 62. Time is of the essence in this Lease. IN WITNESS WHEREOF City of Fort Worth and Brazos Establishment, LLC have duly affixed their signatures on this 7th day of May , 2026 . Brazos Establishment, LLC Per Manager: Jof e Johnson _1W*fta_lo� City of Fort Worth, Tenant The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the 12 day of May 12026 City of Fort Worth, Tenant Lead -Based Paint Disclosure Property: 800 Brazos St #I 110, Austin, TX 78701 Landlord: Brazos Establishment, LLC Tenant: City of Fort Worth Landlord's Disclosure The Landlord CERTIFIES THAT: 1. The Landlord has NO knowledge of any lead -based paint and/or lead -based paint hazards in or about the Property. 2. The Landlord has NO records or reports relating to lead -based paint and/or lead -based paint hazards in or about the Property. Date: 7th day of May 2026 Landlord: Brazos Establishment, LLC per Manager: Joffre Johnson Tenant's Disclosure The Tenant ACKNOWLEDGES receipt o£ 1. the information contained in the above Landlord's Disclosure including the above -mentioned reports and records; and 2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency. Date: 12th day of May 2026 _/Ifllm.%�P � City of Fort Worth, Tenant The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home. Asbestos Disclosure Property: 800 Brazos St #1110, Austin, TX 78701 Landlord: Brazos Establishment, LLC Tenant: City of Fort Worth Landlord's Disclosure The Landlord CERTIFIES THAT: 1. The Landlord has investigated and there is no asbestos in or about the Property. 2. The Landlord has NO records or reports with respect to asbestos in or about the Property. Date: 7th day of May , 2026 Landlord: Brazos Establishment, LLC per Manager: offre Johnson Tenant's Disclosure The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord's Disclosure including any reports and records. Date: 12th day of May 2026 /�i erna� Paw City of Fort Worth, Tenant ©2002-2022 LawDepot.com® ADDENDUM TO RENTAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BRAZOS ESTABLISH NT, LLC This Addendum to Rental Agreement ("Addendum") is entered into by and between Brazos Establishment, LLC ("Landlord") and the City of Fort Worth ("Tenant"), collectively the "parties," for the rental of a condo municipally described as 800 Brazos Street, #1110, Austin, Texas 78738. The Contract documents shall include the following: 1. The Rental Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the attached Rental Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Indemnity. To the extent the Agreement, in any way, requires Tenant to indemnify or hold Landlord or any third party harmless from damages of any kind or character, Tenant objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 2. Taxes. Tenant is a tax-exempt governmental entity and is not required to pay taxes. Tenant shall provide evidence of its tax-exempt status to Landlord upon request. 3. Insurance. The Tenant is a governmental entity under the laws of the State of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units," is self -insured and therefore is not required to purchase insurance. To the extent the Agreement requires Tenant to purchase insurance, Tenant objects to any such provision, the parties agree that any such requirement shall be null and void, hereby deleted from the Agreement, and shall have no force or effect. Tenant will provide a letter of its self -insured status as requested by Landlord. 4. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the United States and State of Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Addendum to Rental Agreement Page 1 of 3 5. Right to Audit. Landlord agrees that Tenant shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Landlord involving transactions relating to the Agreement. Landlord agrees to provide all such records to Tenant upon request. 6. Confidential Information. Tenant is a government entity under the laws of the State of Texas and all documents held or maintained by Tenant are subject to disclosure of the Texas Public Information Act. To the extent the Agreement requires that Tenant maintain records in violation of the Act, Tenant hereby objects to such provisions and such provisions are hereby deleted from the Agreement shall have no force or effect. 7. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, local regulation or ordinance, the terms are hereby deleted from the Agreement and shall have no force or effect and the terms in this Addendum shall control. (signature page follows) (remainder of this page intentionally left blank) Addendum to Rental Agreement Page 2 of 3 ACCEPTED AND AGREED: CITY: City of Fort Worth By: Dianna Giordano (May 15, 2026 09:32:12 CDT) Name: Dianna Giordano Title: Assistant City Manager Date: 05/15/2026 Approval Recommended: By: �7 Name: Theresa James Title: Deputy City Attorney Attest: pON)q�➢ 40 A~o .10 �enon�z� sp4 By: Name: Jannette S. Goodall Title: City Secretary BRAZOS ESTABLISHMENT, LLC: By: Name: Joffre Johnson Title: Manager Date: 5/7/2026 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: T.J. Patterson, Jr, Esq. Governmental Affairs Liaison Approved as to Form and Legality: By: V" Name: Gavin Midgley Title: Assistant City Attorney Contract Authorization: M&C: Not Required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum to Rental Agreement Page 3 of 3 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Brazos Establishment, LLC Subject of the Agreement: Lease Agreement from January 1, 2027 - June 4, 2027 for TJ Patterson during the next legislative session. M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 1/1/2027 If different from the approval date. Expiration Date: 6/4/27 If applicable. Is a 1295 Form required? * Yes ❑ No ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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. 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