HomeMy WebLinkAboutContract 29126 LEASE AGREEMEf'iT:
STATE OF TEXAS § CITY SECRETARY
�4
COUNTY OF TARRANT § CONTRACT NO.
This lease agreement (Lease) is made and entered into this, theV-day of OA&
2003 the effective date hereof, at Fort Worth, Texas by and between YMCA(Lessor), and the City of
Fort Worth, a municipal corporation, acting by and through its duly authorized representative Lib4y
Ulatsan (Lessee). The term "Lessor" shall include the agents, representatives, employees, and pa 0 �L5 Up—
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 300 square feet, located at 2400 E. Berry Street, Fort Worth,
Texas, 76105.
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. 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 office space for the City of Fort
Worth.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on
September 1, 2003, and terminating on August 31, 2004, 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$1.00, the receipt and sufficiency of which is hereby acknowledged.
This Lease may be renewed for successive terms of 12 months each for up to a maximum of
two successive terms, provided that Lessee notifies Lessor in writing of its intent to extend on or
before 30 days prior to the expiration of the Lease or any extension. The notice shall be deemed
effective when deposited by Lessee in United States mail, postage prepaid, certified mail, return
receipt requested, addressed to Lessor. The terms of this Lease shall continue to govern and control
the relationship of the parties during any extensions.
SECTION 4. Taxes, Insurance, Utilities,-Care of the Leased Premises. Lessor agrees to be
responsible for the payment of all electricity, natural gas, water, local telephone, or other utility
charges that come due and payable during the term Lessee occupies the Leased Premises.
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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 provide office
furniture and telephone.
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 2400 E. Berry Street,
Fort Worth, Tarrant County, Texas, 76105. 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.
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, Funding and Non-Appropriation.
8.01 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, 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
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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.
8.02 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 9. 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 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 damage 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, Lessor (i) shall make all improvements necessary to
make the Leased Premises comply with the Americans With Disabilities Act of 1990 ("ADX'), 42
U.S.C. § 12101 et sea., AND SHALL FULLY INDEMNIFY AND HOLD HARMLESS LESSEE
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 (11) 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.
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 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
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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 emer2envy 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 tzreater police protection to Lessor than is
provided to all other residents and businesses of the City of Fort Worth.
SECTION 15. 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:
McDonald YMCA—Director
2400 East Berry Street
Fort Worth, TX 76105
As well as to:
Tony Shuman,President
YMCA of Metropolitan Fort Worth
540 Lamar Street
Fort Worth, TX 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:
Administrator,Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
All time periods related to any notice requirements specified in the Lease shall commence upon the
terms specified in the section requiring the notice.
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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. 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 CJ 20 U-3
LESSOR: YMCA LESSEE: CITY
OF WORTH
By: By:
Tor(y S 1 ent10EO t City Manager
APPRO AS T ORM AND LEGALITY:
Assistant City Attorney
ATTEST:
City SecretaK
M &CNumber :
CP
Date:
Contract Number:
IREAD
City ofFort 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,
on this day personally appeared known to me to be the
Y
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act ofG and that he/she executed the same
k,7 L A�� ✓ for the purposes and
as the act of said �(�M I-)qeAq'49
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 20,93
CLAUDETTE M. FERRELL
Notary Public, State of Texas
My commission Expires
ear ear 06-03-2005
Notary Public in and for the State of Texas
City of Fart 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 Libby Watson, known to me to be the same person whose name is
J-0 e-
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of L-�y
P"
VA&eff�-and that she 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 D
BARNESSECLil�ES
C
NOTARY PUBLIC
State of Texas, Notary Public in and for the State of Texas
005
Comm.Exp.03-31.]2005
City of Fort Worth Lease Page 7
EXHIBIT A
Legal Description:
Lot: A
Block: I
Addition: McDonald Branch YMCA
As recorded in:
Volume Page_, Deed Records, Tarrant County, Texas
City of Fort Worth Lease Page 8
City of Fort Worth, Texas
"a.vor And cou"Cil c
DATE REFERENCE NUMBER L0G NAME PAGE
9/23/03 **L-13651 I 35EBERRY 1 of 1
SUBJECT EXECUTION OF LEASE AGREEMENT WITH THE YMCA FOR OFFICE SPACE
LOCATED AT 2400 EAST BERRY STREET FOR THE POLICE DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with the YMCA for approximately 300
square feet of office space located at 2400 East Berry Street, at a cost of$1.00 per year; and
2. Authorize the agreement to begin September 1, 2003, and expire August 31, 2004, with two twelve-
month renewal options.
DISCUSSION:
The Engineering Department, Real Property Service Division, at the request of the Police Department,
has negotiated the lease of office space for the use by police officers.
The lease term is for one year, with two twelve-month options to renew. There is a rental charge of
$1.00 per year for the space. The City of Fort Worth is responsible for all utility payments, including
installation and payment of telephone service.
RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Crime Control and Prevention District Fund.
JP:k
Submitted for City Manager's FUND ACCOUNTI CENTER I AMOUNT CITY SECRETARY
Office by: (to)
Joe Paniagua 6140
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 09/23/03
GR79 539120 0359501 $1.00
Additional Information Contact:
Ralph Mendoza 48386