HomeMy WebLinkAboutContract 31315 CITY SECRETARY
02-08-05A10 =37 RCVU ONTRACT NO .
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the IS'day of C r ,
2004, the effective date hereof, at Fort Worth, Texas by and between T Scott Properties, LLC
(Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its duly
authorized representative Joe Par iagua (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:
Parking area of approximately 11,000 square feet, located at 2020 15th Avenue, Lots 13 and
14, Block 27, Hawkins Subdivision, Fort Worth, Tarrant County,Texas.
The parking area, 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 part
hereof.
SECTION 2. Use of premises. The leased premises shall be used as parking area for City of Fort
Worth vehicles being processed to make them ready for service.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on
September 1, 2004, and terminating on August 31, 2005, 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$1,320.00 per year, payable in monthly installments of$110.00 per month. The rental
payment shall be made to the Lessor on the first day of the term and each month thereafter including
any extension of the Lease. Rent for any partial calendar month shall be prorated on a per diem basis.
Any possession of the Leased Premises by Lessee after the date of expiration or termination of
the Lease shall be deemed to be month-to-month tenancy at sufferance, terminable by either party
upon 30 days written notice.
SECTION 4. Taxes, Insurance, Utilities, Care of the Leased Premises. Lessor agrees to pay all
property 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 maintain in good repair the parking surface area, driveways and landscaping.
Lessee shall mow the grass as required by the City of Fort Worth. Lessee agr essor--
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written notice of defects or need for repairs in the parking surface area, driveways and landscaping. 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. The City of Fort Worth is basically a self-funded entity and as such,
generally, it does not maintain a commercial liability insurance policy to cover premises liability.
Damages for which the City of Fort Worth would ultimately be found liable would be paid directly
and primarily by the City of Fort Worth and not by a commercial insurance company.
SECTION 6. 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 7. Termination, Funding and Non-Appropriation.
7.01 Termination. Lessee shall have the right to terminate this Lease at any time for any reason 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, addressed to Lessor.
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. 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.
7.02 Funding and Non-Appropriation. 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. Right of Inspection. 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 Lessee's rights hereunder.
SECTION 9. 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 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 the
removal of furniture and equipment.
City of Fort Worth Lease Page 2
SECTION 10. 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.
SECTION 11. 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 12. 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 and the United States. 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.
SECTION 13. 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 or 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 14. Notices. Notices required to be made under this agreement shall be sent to the
following persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice,upon written notice to the other party of such change:
All notices to Lessor shall be sent to:
Tim Scott
T Scott Properties, LLC
2225 W. Peter Smith Street
Fort Worth, Texas 76102
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:
City of Fort Worth
Real Property Services
1000 Throckmorton Street
Fort Worth, Texas 76102
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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 15. 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 16. 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 17. Choice of 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 the Lease or for any breach shall be in Tarrant County, Texas.
SIGNED this day of 06;(1 L&r , 20 0+ .
LESSOR: T Scott Properties, LLC LESSEE: CI OF T WORTH
By:
[^ Joe Pavia a, tsi t City Manager
Name: C-W�
Title: Mao er- APPRO D�AO FORM AND LEGALITY:
Assistant City Attorney
ATTEST:
O,r�,
City Secretary
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City of Fort Worth Lease Page 4 f,
M & C Number :
Date:
Contract Number:
City of Fort Worth Lease Page 5
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
this day personally appeared y, S-
onCc•f , known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of �,y,
�% and that he/she executed the same
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as the act of said 5�7Y 11-:10per-ke s, L&L for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1, f� day of
200-/
law
Notary Public in and for the State of Tex
,r`"CRY A-'•.
�4 RCBCRT VA]Explrm
SCOTT JR.
Notary Fubitf Tama
-My Commlasion 03-26-07
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City of Fort Worth Lease Page 6
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally.appeared Joe Paniagua, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Joe
Paniagua and that he executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 X15 w
ROSELLA BARNES
2r `n f NOTARY PUBLIC
State of Texas
Comm. Exp. 03-31-2005
Notary Public in and for the State of Texas
City of Fort Worth Lease Page 7 y -y
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EXHIBIT A
Legal Description:
Lot: 13 and 14
Block: 27
Addition: Hawkins Subdivision
As recorded in:
Cabinet 204, Slide 20, Plat Records, Tarrant County, Texas
City of Fort Worth Lease Page 8
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/16/2004
DATE: Tuesday, November 16, 2004
LOG NAME: 3515TH AVE REFERENCE NO.: **C-20401
SUBJECT:
Authorize Execution of Lease Agreement with T Scott Properties, LLC. for a Parking Area Located
at 2020 15th Avenue for the Police Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement for approximately 11,000 square feet of
parking area located at 2020 15th Avenue, Lots 13 and14, at a cost of $110.00 per month for one year; and
2. Approve the lease term of one year commencing on September 1, 2004 and expire August 31, 2005.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated a lease agreement for approximately 11,000 square feet of parking area to be utilized for City of
Fort Worth vehicles being processed to make them ready for service.
The lease term is for one year, after which the lease reverts to a month-to-month tenancy. The annual
rental rate is $1,320.
The parking lots are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0357200 $1,320.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (48386)
Additional Information Contact: Ralph Mendoza (48386)
Logname: 3515TH AVE Page 1 of 1