HomeMy WebLinkAboutContract 31201 ,„ E'
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LEASE AGREEMENT
SECTION 1.
PARTIES
THIS LEASE is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called
"Lessor," acting herein by and through MARC OTT, its duly authorized Assistant City
Manager, and JAMES W. BREWER & WIFE, NANCY D. BREWER hereinafter referred to
as "Lessee".
SECTION 2.
LEASED PREMISES
For and in consideration of the rental payments to be paid hereunder and the agreements
of the parties expressed herein, Lessor does hereby lease, let and demise the property described
as follows: 301 HARMON ROAD more specifically described as:
A 7.49 acre tract of land situated in the C. R. Harmon Survey, Abstract No.737,
Tarrant County, Texas, as recorded in Volume 6388, Page 883 of Deed Records
of Tarrant County, Texas and the improvements located thereon, commonly
known as 301 Harmon Road, Fort Worth, Texas 76177, and more specially
described in Exhibit"A", attached hereto and incorporated herein.
The property described together with any and all structures, improvements, fixtures and
appurtenances on, over and under said property shall be referred to herein as the "Leased
Premises".
SECTION 3.
LEASE TERM
This lease shall be for a period of one (1) year commencing JANUARY 1, 2005, and
terminating on DECEMBER 31, 2005, unless a prior termination is effected by either party
hereto pursuant to the termination provisions expressed herein. This lease may be renewed for a
maximum of ONE (1) successive period, provided that Lessee provides Lessor with written
notice of its intent to renew on or before thirty (30) days prior to the expiration of the term of the
lease. The specified written notice shall be effective upon receipt by Lessor. The terms set forth
herein shall govern and control the relationship of the parties hereto during any renewal period,
except the rental amount, which may be adjusted to fair market value. LESSOR
RESERVES THE RIGHT TO TERMINATE THE LEASE AT THE END OF THE TERM
OR ANY SUCCESSIVE RENEWAL THEREOF REGARDLESS OF LESSEE'S INTENT
TO RENEW.
SECTION 4.
RENTAL PAYMENTS
As consideration for this lease, Lessee agrees to pay Lessor monthly rental payments in
the sum of ONE THOUSAND ONE HUNDRED Dollars ($1,100.00) said rent payable
monthly and due in advance of the first day of each month. The rental for the rental period from
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JANUARY 1, 2005 thru JANUARY 31, 2005 in the amount of $1,100.00 will be due upon
written notification that the City has approved this Lease Agreement. Payments thereafter must
be received at the Aviation Department, 4201 N Main, Suite 200, Fort Worth, Texas 76106
during normal working hours by the due date. Rent shall be considered past due if Lessor has
not received full payment by the tenth (10th) day of each month for which payment is due.
Lessor will assess a late penalty charge of ten percent (10%) of the rental payments due per
month in addition to the entire month's rent for each month for which rent is past due.
SECTION 5.
DEPOSIT
(A)Lessee has deposited with Lessor, the sum of$600.00 receipt of which is acknowledged by
Lessor, as security for the full and faithful performance by Lessee of the terms, conditions,
and covenants of this lease on Lessee's part to be performed and kept. This deposit does not
constitute advance payment of the final rental payment due under this lease, unless the
express conditions specified in Subsection (1) are met. A Pet Deposit of $500.00 will be
deposited with the Lessor and will due with the first months lease payment.
(B)Lessor agrees to hold such deposits for Lessee, and it is understood that Lessor's claim to
such deposits shall be prior to any creditor of Lessee, excluding a trustee in bankruptcy.
(C)Excluding the final rental payment to be made under this lease, if at any time during the lease
term, Lessee defaults in the payment of rent or any portion of rent reserved in this lease, or of
any other sums expressly constituting rent, other than advance rental payments, Lessor may
appropriate and apply any portion of the security deposit as may be necessary to the payment
of the overdue rent or other sums expressly constituting rent under this lease.
(D)Lf at any time during the lease term, Lessee should fail to repair any damage to the leased
premises that Lessee is required to repair under the terms of this lease for a period greater
than thirty (30) days after Lessor serves on Lessee written demand to make such repair, then
Lessor may appropriate and apply any portion of the security deposit as may be reasonably
necessary to make such repairs,
(E)If on termination of this tenancy for any reason, Lessee does not leave the leased premises in
a reasonably clean condition and in good repair, excluding normal wear and tear, then Lessor
may appropriate and apply any portion of the security deposit as may be reasonably
necessary to put the premises in clean condition and good repair. As used in this lease
"normal wear and tear" means deterioration that results from the intended use of dwelling,
and does not include deterioration that results from negligence, carelessness, accident, or
abuse of the premises by Lessee, by a member of Lessee's household, or by a request of
Lessee.
(F) In the event actual cause exists for retaining all or any portion of the security deposit, Lessor
shall return the balance of the security deposit, if any, together with a written description and
itemized list of all deductions. Such deductions shall be limited to damages and charges for
which Lessee is legally liable under this agreement or as a result of breaching this agreement.
Lessor shall not be required to furnish a description and itemized list of deductions if there
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are any rentals due and unpaid at the time Lessee surrenders possession of the premises and
there is no controversy over the amount of rentals due and unpaid.
(G)Within thirty (30) days of when Lessee surrenders the premises, any remaining portion of the
security and pet deposits, after any lawful deductions as above, shall be returned to Lessee
directed to the address left by Lessee specifically for such purposes. HOWEVER, LESSEE
SHALL NOT BE ENTITLED TO ANY PORTION OF THIS SECURITY AND PET
DEPOSIT AS A REFUND UNLESS LESSEE GIVES LESSOR THIRTY (30) DAYS
WRITTEN NOTICE OF INTENT TO SURRENDER THE PREMISES.
(H)Should Lessor transfer Lessor's interest under this lease in any manner, Lessor must do one
of the following acts, either of which will relieve Lessor of further liability with respect to
such deposits:
(1) Transfer the portion of such deposit remaining after any lawful
deductions, as above, to the successor in interest, and thereafter notify Lessee by
registered mail of the transfer and the transferee's name and address. On receipt
of Lessee of a statement signed by the successor in interest acknowledging receipt
of and responsibility for the deposits, Lessor's successor in interest shall have all
of the obligations of Lessor with respect to such deposits; or
(2) Return to Lessee the portion of such deposits remaining after any lawful
deductions have been made.
(1) If Lessee has provided notice of surrender of the Leased Premises in accordance with
Subsection (G) herein, and Lessor, in its sole discretion, determines that the leased premises
are in satisfactory condition and have been maintained in good repair, Lessee may elect to
have the balance of the security deposit applied to Lessee's final payment due under this
lease agreement.
SECTION 6.
PAYMENT OF UTILITIES
Lessee shall be responsible for the payment of all utilities. Lessee must pay promptly, as
they become due, all charges for the furnishing of water, sewer, gas, electricity, garbage service,
and other public utilities to the leased premises during the term of this lease.
SECTION 7.
TAXES
Lessee shall pay promptly all taxes, monthly charges, assessments and/or levies of any
nature or character whatsoever which may be lawfully assessed, taxed, levied or made against
the leasehold estate hereby created and/or any improvements or personal property located on the
Leased Premises.
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SECTION 8.
RESIDENTIAL
The Leased Premises shall be used solely and exclusively for private residential purposes
for Lessee and their immediate family. Lessee further agrees that Lessee shall not conduct any
commercial use at the Leased Premises without prior written approval of Lessor and any
unauthorized commercial use shall constitute a breach of this lease.
SECTION 9.
EVICTION AND ABANDONMENT
A. Lessor shall be entitled to institute proceedings to evict Lessee from the premises, at any time
that Lessee is in default under this lease or holds over after the expiration of the lease term or
any successive renewal terms, and Lessee hereby specifically waives any rights it may have
to the following:
1. Notice by Lessor of termination of the tenancy;
2. Any notice to vacate or quit the premises as specified in the Texas Property Code,
Section 24.005 (a), and
3. Any other notices required by law.
B. In the event the Lease is terminated for any reason or Lessee abandons or is evicted from the
premises, Lessor shall not be responsible for any real or personal property of Lessee
remaining on the premises at the time of said eviction, abandonment or termination, and said
personal property shall be deemed abandoned by Lessee if it remains on the premises at any
time subsequent to the termination of Lessee's lawful possession of the premises.
SECTION 10.
COMPLIANCE WITH LAWS AND REGULATIONS
Lessee shall comply with all applicable laws, ordinances and regulations prevailing in the
jurisdiction in which the Leased Premises are located, including but not limited to federal, state,
local laws and the City ordinances, rules, regulations and specifications.
SECTION 11.
REPAIRS
A. Lessee agrees that Lessee shall maintain the Leased Premises and keep same in good repair
at Lessee's sole cost and expense. All maintenance, minor repairs and upkeep of the Leased
Premises shall be in accordance with all applicable laws including City ordinances, rules,
regulations, and specifications.
B. Lessor and Lessee agree that Lessee will repair or remedy any of the following
conditions that occur during the lease term or a renewal or extension of the term
provided the condition is not caused by the Lessor's negligence, such repairs and
remedies to be made at the Lessee's expense; 1) damage from wastewater stoppages
caused by foreign or improper objects in lines that exclusively serve the Lessee's
dwelling; 2) damage to doors, windows, or screens; and 3) damage from windows or
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doors left open. This provision constitutes a waiver of the Lessor's statutory duty to
repair or remedy such conditions under Subchapter B, Chapter 92 of the Texas
Property Code. This waiver is made knowingly, voluntarily, and for consideration,
receipt of which is acknowledged. This Provision does not relieve the Lessor of the
statutory duty under Subchapter B, Chapter 92, of the Texas Property Code to repair
or remedy, at the Lessor's expense, wastewater stoppages or backups caused by
deterioration, breakage, roots, ground conditions, faulty construction, or
malfunctioning equipment.
C. Lessor hereby agrees to make any major repairs to the premises up to the amount of$1,500
per year upon written request of Lessee, however, if the cost of the major repairs is more than
$1,500, Lessor will determine, at its sole discretion, whether to repair the premises or notify
the Lessee that the lease will be terminated according to Section 16.
SECTION 12
HOLDOVER
If the Lessee holdsover after the lease or renewal periods expire, a month-to-month tenancy shall
be created with all other terms in this agreement remaining in effect, except that Lessor may give
Lessee 60 days notice to terminate.
SECTION 13.
IMPROVEMENTS
Lessee shall not construct any improvements or structures on the premises without the
prior written consent of Lessor, and all improvements constructed on the premises shall be
constructed at Lessee's sole expense. Lessee must maintain and protect all improvements,
structures, fences or appurtenances existing on the Leased Premises. Lessee covenants and
agrees that Lessee shall not be entitled to any reimbursement for the cost or value of said
improvements, structures, fences or appurtenances. In addition, on or before the termination date
of this lease, Lessee shall be responsible for removing any real or personal property owned or
otherwise belonging to Lessee and not deemed to be the property of Lessor. The removal of all
real and personal property of Lessee shall be accomplished solely through Lessee's efforts and in
removing any of Lessee's real or personal property from the Leased Premises subsequent to the
termination of this lease. The Leased Premises shall be deemed to have been abandoned by
Lessee if Lessee does not use and occupy said premises in accordance with the purposes of this
lease term or any successive renewal period. This lease shall be terminated upon the
abandonment of the Leased Premises without notice to Lessee.
SECTION 14.
SMOKE DETECTOR
A. Lessor must install at least one smoke detector in the Leased Premises in accordance with
Sections 92.255 and 92.257 of the Texas Property Code.
B. LESSEE WAIVES THE RIGHTS AND REMEDIES SET FORTH IN SECTION
92.258 OF THE PROPERTY CODE REGARDING LESSOR'S STATUTORY DITTY
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TO INSPECT AND REPAIR THE SMOKE DETECTOR INSTALLED IN THE
DWELLING.
C. Lessee agrees to inspect the smoke detector installed in the premises at the beginning of
Lessee's possession and at regular intervals of three (3) months thereafter to determine that
it is in good working order. Lessee must bear the cost of repairing the smoke detector.
SECTION 15.
ASSIGNMENT OR SUBLEASES
Lessee shall not assign or sublet this lease without the prior written approval of Lessor,
and any such unauthorized assignment or sublease shall constitute a breach of this lease.
SECTION 16.
TERMINATION
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 thirty (30) days
written notice prior to the intended termination date. Lessor may terminate the lease
immediately upon any default or breach of any of the provisions hereunder without any prior
notice to Lessee. Said notices shall be deemed effective as of the date they are mailed. If Lessee
elects to terminate the lease because of any alleged default or breach by Lessor or any lease
provisions, Lessee shall be required to give Lessor immediate notice of said intention in writing
stating specifically the reasons therefor and allowing Lessor thirty (30) days after the date of
Lessor's receipt of such notice to cure any or all default(s) or breach(es) specified in said notice.
If the specified default(s) or breach(es) of Lessor are cured within said thirty (30) day period,
Lessee shall be deemed to have waived said specified default(s) or breach(es), and this lease
shall continue to be effective unless terminated pursuant to some other provisions specified
herein or by virtue of some subsequent uncured default or breach of Lessor, in which case Lessor
shall be entitled to any additional notice period required by the terms of this lease.
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 Lessee shall be liable for the breach of any term, covenant or
condition contained in this lease occurring prior to the date of the surrender of the premises by
Lessee pursuant to the termination. Lessee shall be bound by the terms, covenants and
conditions expressed herein until Lessee surrenders the premises regardless of whether the date
of surrender coincides with the date of termination of the lease. The waiver by Lessor of any
default or breach of a term, covenant or condition of this lease shall not be deemed to be a waiver
of any other breach of that term, covenant or condition or of any other term, covenant or
condition of this lease, regardless of when the breach occurred. Further waiver by Lessor of any
default or breach of a term, covenant or condition of this lease shall in no way impair the right of
the Lessor to avail itself of any remedy for any subsequent breach thereof.
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SECTION 17.
INDEMNIFICATION
LESSEE COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD
HARMLESS AND DEFEND LESSOR, 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 OF OMISSION COMPLAINED OF RESULTS FROM THE
ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR,
LESSEE OR ANY THIRD PARTY.
SECTION 18.
INSURANCE
It is hereby agreed that Lessee will provide Lessor with a certificate of insurance
documenting liability insurance at a minimum limit of$300,000 each occurrence as respects the
property and premises addressed herein. The effective date of insurance coverage shall be
commensurate with the term of the lease. Lessor shall be endorsed as an additional insured in the
certificate. The insurer of Lessee's liability insurance shall be acceptable to the Lessor insofar as
the company's financial strength and solvency. The policy providing liability insurance shall be
endorsed to provide Lessor with a minimum thirty (30) day notice of cancellation, non-renewal
or material change in coverage. Lessor's insurance requirements may be revised at Lessor's
option, and Lessee shall respond accordingly within thirty (30) days of Lessee's receipt of a
written notice of such requirement. Any failure on part of Lessor to request certification of
insurance required herein shall not be construed as a waiver of such requirement.
SECTION 19.
NOTICES
All notices required hereunder shall be sent to Lessor at the following address certified
mail, return receipt requested:
Real Property Services
City of Fort Worth
900 Monroe— Suite 302
Fort Worth, Texas 76102
All notices of Lessee shall be sent to the following address certified mail, return receipt
requested:
301 Harmon Road
Fort Worth, Texas 76177
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Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed
postage prepaid and addressed as specified above, unless either party has been notified in writing
of any change in the other party's address. All time periods related to any notice requirements
specified in this lease shall commence either on the date notice is mailed or on the date notice is
received by the party to whom it is sent, depending on the terms specified in the Section
requiring notice.
SECTION 20.
ENTIRE AGREEMENT
This lease shall constitute the entire agreement of the parties of this lease and shall
supersede any prior agreements of said parties, either oral or written, pertaining to the subject
matter specified herein.
SECTION 21.
GOVERNING LAW AND 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 this lease or for any
breach of this lease shall be in Tarrant County, Texas.
SECTION 22.
MISCELLANEOUS PROVISIONS
A. This lease does not give Lessee any right to use, mine, lease or otherwise derive any benefit
from any oil, gas, coal, gravel, minerals, trees or deposits of any type or nature, and title to all
of said substances shall remain in Lessor. In addition, Lessee shall not have any right or
claim to any damages or other monetary compensation for or related to any surface damage
resulting from mining, drilling or other operations related to the removal of utilization of any
such substances.
B. Lessee shall not commit nor allow any waste to be committed on the Leased Premises, nor
shall Lessee maintain, commit or permit the maintenance or commission of any nuisance on
the Leased Premises nor use the Leased Premises for any unlawful purpose.
C. Lessee hereby represents that Lessee takes the Leased Premises in good condition and the
Leased Premises are suitable for the purposes specified herein. Lessee hereby waives the
right to terminate this lease or sue for damages or pursue any other remedy against Lessor
based on any patent or latent defects in, to or on the premises.
D. With respect to conditions that materially affect the physical health or safety of an ordinary
tenant, Lessor must make a diligent effort to repair or remedy the condition if Lessee
specifies the condition in a notice to the Real Property Services office, City of Fort Worth,
900 Monroe Street — Suite 302, Fort Worth, Texas 76102. Lessor is not required to repair or
remedy such condition if Lessee is delinquent in the payment of rent at the time of giving
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notice of the condition, other than normal wear and tear, was caused during the lease term by
Lessee or Lessee's family or guest.
D. Lessor reserves the right to enter upon the Leased Premises at all reasonable times for the
purpose of inspecting the premises or otherwise using the premises, provided that any such
entry does not conflict with Lessee's rights hereunder.
This lease shall be binding on the heirs, successors and lawful assignees or sublessees of
Lessee and the successors or Lessor. 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 set forth hereunder and shall be subject to all the provisions regarding
termination and eviction set forth herein. Any such person or entity shall be deemed to be an
agent or representative of Lessee and shall be deemed to have notice of the terms, covenants, and
conditions of this lease.
SECTION 23.
The term "Lessee" as used herein shall also include the agents, representative,
employees, invitees and licensees of Lessee.
SIGNED this day of 200*,
ATTEST: CITY OF FORT W
City SecretaryV
As istan 'City Manager
APPROVED AS TO FORM AND LEGALITY: Lessee:
By: et
Assistant City Attorney JAMES W. BREWER
BA
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NANC)(,—p-BREWER
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/21/2004
DATE: Tuesday, December 21, 2004
LOG NAME: 30HARMON4600 REFERENCE NO.: **L-13987
SUBJECT:
Authorize Execution of Lease Agreement for City-Owned Property located at 301 Harmon Road with
James W. Brewer and Nancy D. Brewer (DOE 4600)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with James W. Brewer and Nancy D. Brewer
for the property located at 301 Harmon Road for a monthly lease rate of$1,100.00; and
2. Authorize this agreement to begin January 1, 2005 and expire December 31, 2005, with an option to
renew the lease for a one-year period and with the provision that the City may terminate this lease at the
conclusion of each term.
DISCUSSION:
This property, which is located within the 65 decibels LDN (day-night sound level), was purchased by the
City to facilitate noise mitigation at Alliance Airport The Engineering Department, Real Property Services
Division, at the request of the Aviation Department, advertised the property for lease.
The monthly lease rate was established based upon the condition of the existing improvements, exposure
to the market and location. After surveying the rental market, City staff determined that the fair market
monthly rental rate for the subject property is $1,100.00. Revenue for the remainder of this fiscal year will
be $9,900.00.
The City is retaining all mineral rights and it is expressly understood that the lessee will have no rights
regarding the City's access to the mineral rights. It is also understood that the City or its agent can enter
upon the property under lease to access the minerals.
This property is located in Haslet,Tarrant County, Texas, Mapsco 7T.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Services Division, is
responsible for the collection of funds due to the City under this agreement.
http://www.cfwnet.org/counciI_packet/Reports/mc__print.asp 12/27/2004
TO Fund/Account/Centers FROM Fund/Account/Centers
PE40 240003 0000000 $9,900.00
Submiftedfor.Ci -Markaggr's-Officeby: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact A. Douglas Rademaker (6157)
http://www.cfwnet.org/counciI_packet/Reports/mc_print,asp 12/27/2004