HomeMy WebLinkAboutContract 32426 -0 17CC-> g4Z-
4-CPETAR`t �
�n{�u f�io2 �7T7cn.1 nn�i ,I,CT NO.
LEASE AGREEMENT L
1. PARTIES Q
This Lease Agreement (the "Lease"), dated F'� 20 a.J , for refer ce pur es only,
is made by and between Keith and Tammy Sturgeon ("Landlord"), 5940 Eden Drive, Halto exas 76117, and
City of Fort Worth("Tenant").
2. PREMISES
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term, at the rental,
and upon all of the conditions set forth in this Lease, the real property situated in the County of Tarrant, State of
Texas, commonly known as a 0.32 acre tract of land situated in the James Righly Survey. Abstract No. 1268, Tarrant
County, Texas and described as the vacant land shown on the attached Exhibit "A", which includes parking spaces,
and the right to connect to Landlord's water well system and septic system as shown on site plan id eal property,
including th I ind�ja'n`d all/imp�}rovements located on the land, is defined in this Lease as "the P e i
�� � F�
�z �D)
In addition, Landlord has non-exlcusive to access the Leased Premises through a privat ri on an herefore,
Landlord authority and hereby grants Tenant non-exclusive access to the Leased Premises t ugh uch access.
3. TERM
3.1 Term. The term of this Lease shall be for 24 months, commencing on Septembe 2005
(the "Commencement Date") and ending on September 19, 2007, unless sooner terminated pursuant to any
provisions of this Lease. In addition, Landlord hereby grants Tenant the option to renew this lease under the same
terms and conditions for an additional two-year period with a one hundred and twenty day notice to Landlord.
3.2 Early Possession. In the event that Landlord shall permit Tenant to occupy the premises prior to
the Commencement Date, such occupancy shall be subject to all of the provisions of this Lease. Such early
possession shall not advance the termination date of this Lease.
3.3 Delivery of Possession. Tenant shall be deemed to have taken possession of the Premises when
Landlord delivers possession of the Premises to Tenant. It is expressly understood and agreed, however, that Tenant
shall bear all costs and expenses incurred with regard to obtaining a certificate of occupancy from any appropriate
governmental entity.
4. RENT
Tenant shall pay to Landlord as rent for the Premises the sum of $2.00 per square foot per year, to
be made in equal monthly installments of $2,323.20, in advance, on the first day of each month during the term of
this lease. Tenant shall pay the Landlord upon the execution of this Lease the sum of $2,323.20 as rent for the first
month. Rent for any period during the term of this Lease which is for less than one month shall be a pro rata portion
of the monthly installment. Rent shall be payable without notice or demand and without any deduction, offset, or
attachment in lawful money of the United States of America to Landlord at the address stated in this Lease or to such
other persons or at such other places as Landlord may designate in writing. Rent checks should be made payable to
Keith and Tammy Sturgeon and mailed to Ron Sturgeon Real Estate LP, 5940 Eden Dr, Haltom City, Texas 76117. If
at any time a tenant's check for rent or other payments due under this lease shall be returned by tenant's bank for
any reason, landlord reserves the right to require future payments to be made by cash, cashiers check or money
order.
LEASE AGREEMENT/FORM
Page 1 of 21 -
5. USE
5.1 Use. The Premises shall be used and occupied only for a Temporary Fire Station. This includes,
but is not limited to providing 24 hour a day seven days a week housing facilities for the fire fighters, office space to
perform the administrative functions of the fire fighters, and a facility to house the fire apparatus and other
equipment necessary for the function of the fire station.
5.2 Compliance with Law. Tenant shall, at Tenant's expense, comply promptly with all applicable
statutes, ordinances, rules, regulations, orders, and requirements in effect during the term or any part of the term of
this Lease regulating the use by Tenant of the Premises. Tenant shall procure, at Tenant's sole expense, any permits
and licenses required for the transaction of Tenant's business in the Premises. Tenant shall not use or permit the use
of the Premises in any manner that will tend to create waste, or a nuisance, or, if there shall be more than one tenant
of the Building containing the Premises, which shall tend to unreasonably disturb such other tenants, however,
Landlord authorizes Tenant to operate its emergency siren when responding to an emergency and to operate its
outdoor speakers throughout the day. Tenant shall keep the Premises, sidewalks, service ways, and any loading
areas adjacent to the Premises, neat, clean, and free from dirt or rubbish at all times. In connection with the
provisions contained in Article 8.1, Tenant shall store all trash and garbage within the Premises, arranging for the
regular pick-up of such trash or garbage at Tenant's expense. Tenant shall not operate an incinerator or burn trash
or garbage within the area of the Premises.
5.3 Condition of Premises. Tenant hereby accepts the Premises in the condition existing as of the
date of possession of same, subject to all applicable zoning, municipal, county and state laws, ordinances and
regulations governing and regulating the use of the Premises, and accepts this Lease subject to such laws,
ordinances, regulations, all matters disclosed in connection with same and by any exhibits attached to this Lease.
Tenant acknowledges that neither Landlord nor Landlord's agent has made any representation or warranty as to the
suitability of the Premises for the conduct of Tenant's business.
5.4 Insurance Cancellation. Notwithstanding the provisions of Article 6.1, no use shall be made or
permitted to be made of the Premises nor acts done which will cause the cancellation of any insurance policy covering
said Premises or any building of which the Premises may be a part, and if Tenant's use of the Premises or Tenant's
storage of anything within the Premises causes an increase in said insurance rates Tenant shall pay any such
increase.
5.5 Landlord's Rules and Regulations. Tenant shall faithfully observe and comply with the rules and
regulations that Landlord shall from time to time promulgate. A copy of said rules and regulations is attached to this
Lease. Landlord reserves the right from time to time to make all reasonable modifications to said rules and
regulations. The additions and modifications to those rules and regulations shall be binding upon Tenant upon
delivery of a copy of such rules and regulations to Tenant. Landlord shall not be responsible to Tenant for the
nonperformance of any of said rules and regulations by any other tenants or occupants.
5.6 Continuous Use. Tenant shall continuously, during the entire term of this Lease, conduct and
carry on Tenant's business in the Premises, and shall keep the Premises open for business and cause Tenant's
business to be conducted on the Premises during Tenant's usual business hours of each and every day as is
customary for businesses of like character in the area in which the Premises are located; provided, however, that this
provision shall not apply if the Premises should be closed and the business of Tenant temporarily discontinued
because of strikes, lock-outs, or similar causes beyond the reasonable control of Tenant.
LEASE AGREEMENT/FORM
Page 2 of 16
6. MAINTENANCE, REPAIRS AND ALTERATIONS
6.1 Landlord's Obligations. Subject to the provisions of Article 9, and except for damage caused by
any negligent or intentional act or omission of Tenant, Tenant's agents, employees, or invitees, Landlord shall keep
the water well and septic system in good working order at all times.
6.2 Tenant's Obligations.
(a) Subject to the provisions of Article 7.1, Article 9, and Article 16.22, Tenant, at Tenant's expense,
shall keep in good order, condition, the Premises. Tenant shall be responsible for the condition of its temporary
buildings, its connection to Landlord's water and septic system landscaping and regular mowing of the grass,
driveways, Tenant will specifically be required to repair exterior windows and doors, including glass, including
damage by vandals, break in, weather or other damages, unless caused by the landlord, or created out of the
negligence of the landlord. Tenant shall be responsible for all damage sustained as the result of any break in or
vandalism to the tenant's space, including but not limited broken windows, locks, doors, walls, ceilings, and outside
storage areas including fence. Unless otherwise noted, Exterior lights mounted on the building are connected to the
tenant's electrical service, and are the responsibility of the tenant to maintain. Tenant acknowledges that said light(s)
are his responsibility, and also acknowledges that other exterior lights are similarly attached to other tenant's
electrical service, or may be inoperative if the other spaces are unoccupied. Landlord bears no responsibility for lack
of exterior lighting, and makes no representation other than herein, unless lack of said lighting is caused by the willful
negligence of the landlord or its agents. Tenant shall obtain at its own cost, if needed, janitorial, security, and pest
control services.
(b) If Tenant fails to perform Tenant's obligations under this Article 7.2, Landlord shall request that
Tenant perform its obligations in writing and send such notice to the address listed in Section 20. Tenant shall have
seven days to perform its obligations.
(c) On the last day of the term of this Lease, or on any sooner termination, Tenant shall surrender
the Premises to Landlord in good condition. Tenant shall have the right to remove its temporary facilities to house
the fire fighter personnel and the fire appartus. In regards to any foundation, sewer and water hook ups, signage, or
other improvements, additions, or modifications to the property or for the temporary facilities, Tenant shall remove
such items at the option of the Landlord.
6.3 Alterations, Additions and Improvements.
(a) Tenant hereby has the authority to erect two temporary facilities on the Premises in order to
house the fire fighters and all equipment necessary for the operation of a fire station , including but not limited to
fire apparatus and other necessary fire vehicles. All temporary facilities erected on the Premises shall remain the
property of Tenant and can be removed by Tenant at any time.
(b) Tenant may, without the prior written consent of Landlord, but, at its own cost and expense, and
in good workmanlike manner, make such minor alterations, additions, or improvements or erect, remove or alter such
partitions, or erect shelves, bins, machinery, and trade fixtures as Tenant may deem advisable, without altering the
basic character of the Premises, and in each case complying with all applicable governmental laws, ordinances,
regulations, and other requirements.
(c) At the termination of this lease, Tenant shall, if Landlord so elects, remove all or part of any
foundations for the temporary facilities erected by Tenant and restore the Premises to its original condition or
condition acceptable to Landlord, otherwise such improvements shall be delivered up to Landlord with the Premises.
Landlord agrees that any temporary facilities to house the fire fighters and all equipment necessary for the operation
LEASE AGREEMENT/FORM
Page 3of16
of a fire station and all equipment and property of Tenant shall remain the property of Tenant and can be removed
by Tenant at any time.
6.4 Signs. Landlord hereby authorizes Tenant to place any signs normally found on permanent Fort
Worth Fres Station Facilities on the facilities erected by Tenant to be used as the Temporary Fre Station, this
includes but is not limited to signs that designate the building as a fire station and a sign that designates the fire
station is a "Safe House"and a sign to indicate the height and width of the apparatus doors.
7. OUTDOOR ACTIVITIES
Outdoor Storage. No articles, goods, materials, refuse receptacles, incinerators, storage tanks, or
other items shall be stored in the open or exposed to public view from the adjacent land or improvements. If it shall
become necessary to keep or store such materials or items in the open, the portion of the Premises used and
permitted for such storage shall be fenced with a fence of permanent construction, except that portion of a fence that
faces streets or highways shall be of the screen type, the design of which shall be approved in writing by the
Landlord prior to construction. Storage shall be restricted to the side and rear areas of the Premises. No storage
shall be permitted between the front building line and street nor anywhere else on premises without landlord's written
consent. If noted, not withstanding this provision, Tenant may have outdoor storage as outlined in outdoor storage
Exhibit B Site Plan. At this time the city anticipates having a dumpster, bar-b-que grill, and a flagpole or flag
attached to the building. If Tenant desires to store any other items outdoors, Tenant will seek permission from
Landlord.
8. DAMAGE OR DESTRUCTION
8.1 If the well or septic tank becomes inoperative for over 12 hours, Tenant reserves the right to
have same repaired at Landlord's expense, not to exceed $500. Repairs needed in excess of this amount shall be 1)
repaired at Tenant's expense. Landlord shall provide restroom facilities elsewhere in the park, at the Tenant's
request, to minimize disruption, as needed.
8.4 Prorations. Upon termination of this Lease pursuant to Article 9, an equitable pro rata
adjustment of rent based upon a 30-day month shall be made.
9. INDEMNIFICATION
9.1 Hold Harmless. To the extent permitted by law, Tenant shall indemnify, defend, and hold
Landlord harmless from any and all claims arising from Tenant's use of the Premises or from the conduct of its
business or from any activity, work or things which may be permitted or suffered by Tenant in or about the Premises
and shall further indemnify, defend, and hold Landlord harmless from and against any and all claims arising from any
breach or default in the performance of any obligation on Tenant's part to be performed under the provision of this
Lease or arising from any negligence of Tenant or any of its agents, contractors, employees, or invitees and from any
and all costs, attorney's fees, expenses, and liabilities incurred in the defense of any such claim or any action or
proceeding brought as the result of such claim. Tenant hereby assumes all risk of damage to property or injury to
persons in or about the Premises from any cause, and Tenant hereby waives all claims against Landlord, including
where said damage arises out of negligence or claimed negligence of Landlord. It is expressly agreed and
understood that Tenant will hold Landlord harmless from all loss; cost and expense claimed against Landlord in
arising from the negligence or claimed negligence of Landlord.
Article XI Section 7 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city
levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth
has not and will not create a sinking fund or collect any tax to pay any obligation created under this Section.
LEASE AGRMAENT/FORM
Page 4of16
9.2 Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable for
injury to Tenant's business or any loss of income from Tenant's business or for damage to goods, wares,
merchandise, or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about
the Premises; nor, unless through Landlord's negligence, shall Landlord be liable for injury to the person of Tenant,
Tenant's employees, agents or contractors and invitees, whether such damage or injury is caused by or results from
fire, steam, electricity, gas, water, or rain, or from the breakage, leakage, obstruction, or other defects of pipes,
sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures, or from any other cause whether the said
damage or injury results from conditions arising upon the Premises or upon other portions of the building of which
the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or
injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord shall not be liable for any
damages arising from any act or neglect of any other tenant, if any, of the building in which the Premises are located.
No representations of safety or security have been made to tenant by lessor or lessor's agents. Tenant hereby
releases lessor and lessor's agents from liability for loss or damage to property stored in or transported to or from
tenant's space regardless who owns such property and regardless whether the loss or damage is caused by fire,
smoke, dust, water, weather, insects, vermin, explosion, utility interruption, equipment malfunction, unexplained
disappearance, negligence of lessor or lessor's agents, theft by others, or any other cause. Tenant will self-insure or
obtain insurance for all losses and damages as required.
10. COMMON AREAS
(a) Common Areas. As used in this Lease, "Common Areas" shall mean all areas within the Project
which are available for the common use of tenants of the Project and which are not leased or held for the exclusive
use of Tenant or other tenants, including, but not limited to, parking areas, driveways, sidewalks, loading areas,
access roads, corridors, landscaping and planted areas. Landlord, from time to time, may change the size, location,
nature and use of any of the Common Areas, convert Common Areas into leasable areas, construct additional parking
facilities (including parking structures) in the Common Areas, and increase or decrease Common Area land and/or
facilities. Tenant acknowledges that such activities may result in inconvenience to Tenant. Such activities and
changes are permitted if they do not materially affect Tenant's use of the Property.
(b) Use of Common Areas. Tenant shall have nonexclusive right (in common with other tenants and
all others to whom Landlord has granted or may grant such rights) to use the Common Areas for the purposes
intended, subject to such reasonable rules and regulations as Landlord may establish from time to time. Tenant
shall abide by such rules and regulations and shall use its best effort to cause others who use the Common Areas
with Tenant's express or implied permission to abide by Landlord's rules and regulations. At any time, Landlord may
close any Common Areas to perform any acts in the Common Areas as, In Landlord's judgment, are desirable to
improve the Project, Tenant shall not interfere with the rights of Landlord, other tenants or any other person entitled
to use the Common Areas. In addition, Landlord hereby authorizes Tenant to core sections of the Common Area to
determine whether the road and parking area can hold the weight of the vehicles necessary for fire fighting. Tenant
agrees to restore the surfaces to the Common Area disturbed by the coring. Said coring shall occur within 10 days of
signing of this lease, and shall not be permitted again without the written consent of the landlord.
(c) Specific Provision re: Vehicle Parking. Tenant shall be entitled to use the number of vehicle
parking spaces in the Project as shown on the site plan attached as shown on Exhibit D without paying any
additional rent. The city is going to park additional vehicles on the Premises. In addition, Landlord acknowledges and
agrees that the Fire Station is a public building and from time to time the public comes to the Fre Station for
assistance and may park in other areas, and therefore, Tenant will attempt to direct the public to park on the
Premises as space allows. Parking spaces and areas required for access shall be clearly marked, by the tenant at the
tenants expense, with landlords permission, as shown on attached site plan.
(d) Maintenance of Common Areas. Landlord shall maintain the Common Areas in good order
condition and repair and shall operate the Project, in Landlord's sole discretion.
LEASE AGREEMENT/FORM
Page 5 of 16
11. UTILITIES ij4f
Tenant shall pay for all gas, heat, light, power elephone, and other utilities and services supplied to
the Premises, whether supplied by the utility companies overnmental agencies, or Landlord, together with any
taxes. If any such services are not separately meter o Tenant, Tenant shall pay a reasonable proportion, to be
determined by Landlord, of all charges jointly met d with other premises. In the event Tenant fails to make such
utility payment, Landlord may elect, in its sole scretion, to pay for such utilities, and the cost of such payment,
together with interest at the rate of ten per nt, shall be due and payable, as additional rent to Landlord, together
with Tenant's next rental installment. , a well/septic(utilities) addendum is attached as Exhibit E.
As stated in Section 2, Landlord authorizes Tenant to use its septic system and water well as part of this lease.
12. ASSIGNMENT AND SUBLETTING
12.1 Landlord's Consent Required. Tenant shall not voluntarily or by operation of law assign,
transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in
the Premises without Landlord's prior written consent, which Landlord shall not unreasonably withhold. Any
attempted assignment, transfer; mortgage, encumbrance, or subletting without such consent shall be void and shall
constitute a breach of the Lease. Any transfer of Tenant's interest in this Lease or in the Premises from Tenant by
merger, consolidation, or liquidation, or by any subsequent change in the ownership of 30% or more of the capital
stock of Tenant shall be deemed a prohibited assignment within the meaning of Article 13.
12.2 No Release of Tenant. Regardless of Landlord's consent, no subletting or assignment shall
release Tenant of Tenant's obligation to pay rent and to perform all other obligations to be performed by Tenant
under this Lease for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be
deemed to be a waiver by Landlord of any provision of this Lease. Consent to one assignment or subletting shall not
be deemed consent to any subsequent assignment or subletting.
12.3 Assignment Fee. In the event that Landlord shall consent to a sublease or assignment under
Article 13.1, Tenant shall pay Landlord reasonable fees not to exceed $250.00 incurred in connection with giving such
consent.
13. DEFAULTS; REMEDIES
13.1 Defaults. The occurrence of any one or more of the following events shall constitute a default
and breach of this Lease by Tenant:
(a) The vacating or abandonment of the Premises by Tenant. Tenant shall be presumed to have
deserted, vacated, or abandoned the Premises, if goods, equipment or other property in an amount substantial
enough to indicate a probable intent to desert, vacate, or abandon the Premises is being or has been removed, from
the Premises, and the removal is not within the normal course of Tenant's business.
(b) The failure by Tenant to make any payment of rent or any other payment required to be made by
Tenant under this Lease, as and when due, where such failure shall continue for a period of three days after written
notice from Landlord to Tenant.
(c) The failure by Tenant to observe or perform any of the covenants, conditions, or provisions of this
Lease to be observed or performed by Tenant, other than described in Article 13.1(b), where such failure shall
continue for a period of 30 days after written notice of such failure from Landlord to Tenant; provided, however, that
if the nature of Tenant's default is such that more than 30 days are reasonable required for its cure, then Tenant shall
not be deemed to be in default if Tenant commenced such cure within said 30 day period and diligently prosecutes
such cure to completion.
LEASE AGREEMENT/FORM
Page 6of16
(d) (i) The making by Tenant of any general assignment, or general arrangement for the benefit of
creditors; (ii) to the extend permitted by bankruptcy law, the filing by or against Tenant of a petition to have Tenant
adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in
the case of a petition filed against Tenant, the same is dismissed within 60 days); (iii) the appointment of a trustee or
receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in
this Lease, where possession is not restored to Tenant within 30 days; or (iv) the attachment, execution, or other
judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,
where such seizure is not discharged within 30 days.
(e) In the event Tenant is in default for failure to make any payment of rent as set forth in Article
13.1 (b), Landlord may declare the entire amount of rent which would have become due and payable during the
remainder of the term of this Lease, to be immediately due and payable as liquidated damages for such default.
Such amount is agreed upon in advance by and between Landlord and Tenant as liquidated damages due to the
difficulty and inconvenience of ascertaining and measuring actual damages, and the uncertainty of said damages, and
in no event are such liquidated damages intended to be a penalty. In addition to this remedy, Landlord reserves the
right (in his sole discretion) to accelerate the remaining lease, and sue for an amount equal to 4 months lease
payments plus any actual damages, including cleanup and repair costs as liquidated damages. In the event landlord
receives this amount of payment, or a judgment for same, the tenant shall be released from additional lease
payments due under lease. If as the result of a default, the landlord files for back rent, all applicable fees for such
filing, including fees for a private server will also be due from tenant.
(f) Pursuit of any of the remedies set forth above shall not preclude pursuit of any other remedies set
forth in the Lease, or any other remedies provided by law, nor shall pursuit of any remedy provided in this Lease
constitute a forfeiture or waiver of any rent due to Landlord, or any damages accruing to Landlord by reason of the
violation of any of the terms, conditions, and covenants contained in this Lease.
13.2 Remedies in Default. In the event of any such default or breach by Tenant, Landlord may
exercise any one or more of the following remedies at any time after such default or breach, with or without notice or
demand and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of
such default or breach.
(a) Terminate this Lease Agreement in which event Tenant shall immediately surrender the Premises
to Landlord, but if Tenant shall fail so to do, Landlord may, without notice and without prejudice to any other remedy
for possession or arrearages in rent, enter upon and take possession of the Premises and expel or remove Tenant
and its effects, by force if necessary, without being liable to prosecution or any claim for damages for taking such
actions; and Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of
such termination, whether through inability to relet the Premises on satisfactory terms, or through decrease in rent or
otherwise.
(b) Declare the entire amount of the rent which would have become due and payable during the
remainder of the term of this Lease to be due and payable immediately, in which event, Tenant agrees to pay the
same at once, together with all rents previously due, to Landlord at the address specified in this Lease; provided,
however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely
constitute payment in advance of the rent for the remainder of the said term. The acceptance of such payment by
Landlord shall not constitute a waiver of any subsequent failure of Tenant to comply with any term, provision,
condition or covenant of this Lease.
(c) Enter upon and take possession of the Premises as the agent of Tenant, by force if necessary,
without being liable to prosecution or any claim for damages for taking such actions, and Landlord may relet the
Premises as the agent of the Tenant and receive the rent, and in such event, Tenant shall pay Landlord the cost of
LEASE AGREEMENT/FORM
Page 7 of 16
renovating, repairing and altering the Premises for a new tenant or tenants and any deficiency that may arise by
reason of such reletting, on demand at the address of Landlord specified in this Lease; provided however, the failure
or refusal of Landlord to relet the Premises shall not release or affect Tenant's liability for rent or for damages and
such rent and damages shall be paid by Tenant on the dates specified in this Lease.
Pursuit of any of the remedies set forth above shall not preclude pursuit of any of the other remedies provided in this
Lease or any other remedies provided by law.
13.3 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent
and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact
amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and
accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed
covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received
by Landlord or Landlord's designee within four days after said amount is due, then Tenant shall be in default, and
without prior notice or demand, pay to Landlord a late charge equal to ten percent of such overdue amount. The
parties hereby agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by
reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver
of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other
rights and remedies granted under this Lease.
14.
Funding, Non-Appropriation and Termination.
This lease shall terminate in the event that the governing body of Tenant shall fail to appropriate sufficient funds to
satisfy any obligation of Tenant 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. In
order to terminate under this section, Tenant shall provide Landlord 90 days notice of its intent to terminate under
this section. The provisions contained in Section 7.3(c) regarding removal of Tenant's facilities and equipment upon
termination shall apply. Landlord shall inform Tenant if the removal of any foundations or improved surfaces will
need to be removed prior to termination.
15. CONDEMNATION
If the Premises or any portion of the Premises are taken under the power of eminent domain, or sold
by Landlord under the threat of the exercise of said power (all of which is referred to as "condemnation"), this Lease
shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever
occurs first. If more than 25% of the land area of any buildings on the Premises, or more than 25% of the land area
of the Premises not covered with buildings, is taken by condemnation, either Landlord or Tenant may terminate this
Lease as of the date the condemning authority takes possession by notice in writing of such election within 20 days
after Landlord shall have notified Tenant of the taking or, in the absence of such notice then within 20 days after the
condemning authority shall have taken possession.
If this Lease is not terminated by either Landlord or Tenant then it shall remain in full force and
effect as to the portion of the Premises remaining, provided the rental shall be reduced in proportion to the floor area
of the buildings taken within the Premises as bears to the total floor area of all buildings located on the Premises. In
the event this Lease is not so terminated then Landlord agrees, at Landlord's sole cost, to restore the Premises as
soon as reasonably possible to a complete unit of like quality and character as existed prior to the condemnation. All
awards for the taking of any part of the Premises or any payment made under the threat of the exercise of power of
LEASE AGREEMENT/FORM � ,n
Page 8of16 11L �c
eminent domain shall be the property of Landlord, whether made as compensation for diminution of value of the
leasehold or for the taking of the fee or as severance damages; provided, however, that Tenant shall be entitled to
any award for loss of or damage to Tenant's trade fixtures and removable personal property.
16. GENERAL PROVISIONS
16.1 Offset Statement.
(a)Tenant shall at any time upon not less than ten days prior written notice from Landlord, execute,
acknowledge, and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full
force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified,
is in full force and effect) and the date to which the rent, security deposit, and other charges are paid in advance, if
any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord
under this Lease, or specifying such defaults, if any, which are claimed. Any prospective purchaser or encumbrance
of the Premises may conclusively rely upon any such statement.
(b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i)
that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that
there are no uncured defaults in Landlord's performance, and (iii) that not more than one month's rent has been paid
in advance.
16.2 Landlord's Interests. The term "Landlord" as used in this Lease shall mean
only the owner or owners or their agents at the time in question of the fee title or Tenant's interest in a ground lease
of the Premises. In the event of any transfer of such title or interest, Landlord named in this Lease (and in case of
any subsequent transfers, the then grantor) shall be relieved from and after the date of such transfer of all liability as
respects Landlord's obligations to be performed after that time, provided that any funds in the hands of Landlord or
the then grantor at the time of such transfer, in which Tenant has an interest, shall be delivered to the grantee. The
obligations contained in this Lease to be performed by Landlord, subject to the terms of this Lease, shall be binding
on Landlord's successors and assigns, only during their respective periods of ownership.
16.3 Severability. The invalidity of any provision of this Lease, as determined by a court of
competent jurisdiction, shall in no way affect the validity of any other provision of this Lease.
16.4 Interest on Past-Due Obligations. Except as expressly provided in this Lease, any amount due
to Landlord not paid when due shall bear interest at the highest lawful rate per annum from the date due. Payment
of such interest shall not excuse or cure any default by Tenant under this Lease.
16.5 Time of Essence. Time is of the essence.
16.6 Captions. Article captions are not a part of this Lease.
16.7 Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the
parties with respect to any matter mentioned in this Lease. No prior agreement or understanding pertaining to any
such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the
time of the modification.
16.8 Waivers. Tenant of the same or any other provision shall deem no waiver by Landlord of any
provision of this Lease a waiver of any other provision of this Lease, or of any subsequent breach. Landlord's
consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Landlord's consent to
or approval of any subsequent act by Tenant. The acceptance of rent under this Lease by Landlord shall not be a
waiver of any preceding breach by Tenant of any provision of this Lease, other than the failure of Tenant to pay the
LEASE AGREEMENT/FORM
Page 9of16
particular rent so accepted. Regardless of Landlord's knowledge of such preceding breach at the time of acceptance
of such rent.
16.9 Recording and public announcements. Tenant shall not record this Lease. Any such
recordation shall be a breach under this Lease. Tenant or Landlord shall be allowed to release information on the
space size and announcement of lease or renewal, and any other information known publicly, including tenants
business type.. The Tenant is a local government and therefore subject to the Texas Open Records Act. Any
information regarding this lease which is public according to the Act will be released to the public if requested as
required by the Act.
16.10 Holding Over. If Tenant remains in possession of the Premises or any part of the Premises
after the expiration of the term of this Lease, unless otherwise agreed in writing, such occupancy shall be a tenancy
from month-to-month at a rental in the amount of 150% of the last monthly rental, plus all other charges payable
under this Lease, and upon the terms of this Lease applicable to month-to-month tenancy. Landlord for Tenant to
hold over shall not construe this provision, however, as permission.
16.11 Cumulative Remedies. No remedy or election under this Lease shall be deemed exclusive, but
shall wherever possible, be cumulative with all other remedies at law or in equity.
16.12 Covenants and Conditions. Each provision of this Lease performable by Tenant shall be
deemed both a covenant and a condition.
16.13 Binding Effect; Choice of Law. Subject to any provisions of this Lease restricting assignment
or subletting by Tenant and, subject to the provisions of Article 16.2, this Lease shall bind the parties, their personal
representatives, successors, and assigns. This Lease shall be governed by the laws of the State of Texas, and is
executed, and to be performed in Tarrant County, Texas.
16.14 Subordination.
(a) This Lease, at Landlord's option shall be subordinate to any ground lease, mortgage, deed of
trust, or any other hypothecation for security now or subsequently placed upon the real property of which the
Premises are a part and to any and all advances made on the security and to all renewals, modifications,
consolidations, replacements and extensions of same. Notwithstanding such subordination, Tenant's rights to quiet
possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent
and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its
terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage,
deed of trust, or ground lease, and shall give written notice of such election to Tenant, this Lease shall be deemed
prior to such mortgage, deed of trust or ground lease, whether this Lease is dated prior or subsequent to the date of
said mortgage, deed of trust or ground lease or the date of recording of such documents.
(b) Tenant agrees to execute any documents required to effectuate such subordination or to make
this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be, and failing to do so
within ten days after written demand, does hereby make, constitute, and irrevocably appoint Landlord as Tenant's
attorney-in-fact and in Tenant's name, place and stead,to do so.
16.15 Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises
at reasonable times and only when accompanied by a City of Fort Worth employee for the purpose of inspecting the
Premises,
LEASE AGREEMENT/FORM
Page 10 of 16
16.16 Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation of
same, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing sub tenancies or
may, at the option of Landlord, operate as an assignment to Landlord or any or all of such sub tenancies.
16.17 Corporate Authority. If Tenant is a corporation, each individual executing this Lease on behalf
of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of
said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation or in
accordance with the Bylaws of said corporation, and that this Lease is binding upon
said corporation in accordance with its terms. A copy of the Mayor and Council Communication authorizing the
execution of this lease was approved by the Fort Worth City Council on September 13, 2005 and a copy is attached as
Exhibit I.
16.18 Landlord's Liability. If Landlord is a limited partnership, partnership or corporation the liability
of the partners, or officers of the Landlord pursuant to this Lease shall be limited to the assets of the partnership or
corporation; and Tenant, its successors and assigns hereby waive all rights to proceed against any of the partners, or
the officers, shareholders, or directors of any corporate partner of Landlord except to the extent of their interest in
the partnership. The term Landlord, as used in this Article, shall have the meaning set forth in Article 16.2. It is
understood and agreed by Tenant that Landlord may be acting as an agent for an undisclosed principal owner (the
"Owner") of the Premises. Any thing to the contrary in this Lease notwithstanding, any and all covenants,
undertakings, agreements, representations, and warranties made in this Lease on the part of Landlord are made and
intended not as personal covenants, undertakings, agreements, representations and warranties for the purpose of
binding Landlord or Owner personally or the assets of Landlord or Owner, except only Landlord's or Owner's interests
in the Premises. Except for breach of any obligation of Landlord to repair or restore the Premises, if any, contained
in this Lease, and then only to the extent of insurance proceeds actually received by Landlord or Owner, no personal
liability or proceeds actually received by Landlord or Owner, no personal liability or personal responsibility is assumed
by, nor shall the same at any time be asserted or enforced against, Landlord, Owner, or their agents, beneficiaries,
partners, officers, directors, trustees in bankruptcy, or their respective heirs, legal representatives, successors, or
assigns, on account of this Lease or account of any covenant, undertaking, agreement, obligation, representation, or
warranty of Landlord contained in this Lease, all such personal liability being specifically waived by the Tenant; but
instead, said covenants, agreements, undertakings, obligations, representations, and warranties are for the purpose
of binding only the fee simple estate which Landlord or Owner owns in the Premises. This clause shall not limit or
deny any remedies which Tenant may have in the event of default by Landlord under this Lease, which remedies do
not involve the personal liability of Landlord or Owner, except Landlord's or Owner's interests in the Premises.
Landlord or Owner may relieve himself or herself of all liability whatsoever, without limitation of any sort, under or
arising out of this Lease (other than liability for failure to apply insurance proceeds as set forth above) by conveying
their estate in the Premises to Tenant.
16.19 Liens. Tenant shall keep the Premises free from any liens arising out of any work performed,
materials furnished, or obligations incurred by or on behalf of Tenant.
16.20 Independent Covenants. Except as provided in Article 9 and Article 16 of this Lease, Tenant
shall not, for any reason, withhold or reduce Tenant's payment of rent, additional rent or other charges as provided in
this Lease, it being agreed that the obligations of Landlord under this Lease, are independent of Tenant's obligations
for making these payments.
16.21 Hazardous Waste. Tenant hereby represents and warrants to Landlord as follows:
(a) The location, occupancy, operations, and use of the Premises throughout the term of this Lease
by Tenant do not violate any applicable law, statute, ordinance, rule, regulation, order or determination of any
governmental authority or any board of fire underwriters (or other body exercising similar functions), including,
LEASE AGREEMENT/FORM
Page 11 of 16
without limitation, all applicable zoning ordinances and building codes, flood disaster laws, and health and
environmental laws and regulations (sometimes collectively called "Applicable Laws").
(b) Without limitation of (a) above, Tenant's use and occupancy of the Premises throughout the term
of this Lease is not in violation of or subject to any existing, pending, or threatened investigation or inquiry by any
governmental authority or to any remedial obligations under any Applicable Laws pertaining to health or the
environment (sometimes collectively called "Applicable Environmental Laws"), including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the Resource
Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and
this representation and warranty would continue to be true and correct following disclosure to the applicable
governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the use and
occupancy by Tenant of the Premises. In addition, Tenant has not obtained and is not required to obtain any
permits, licenses, or similar authorizations to construct, occupy, operate or use any buildings, improvements, fixtures,
and equipment forming a part of the Premises by reason of any Applicable Environmental Laws.
(c) To the extent permitted by law Tenant hereby indemnifies Landlord from and against any loss,
liability, claim, or expense, including, without limitation, cleanup, engineering, and attorneys' fees and expenses that
Landlord may incur by reason of any of the above representations and warranties being false or by reason of any
investigation or claim of any governmental agency in connection with any matters so represented above in this
paragraph.
Article XI Section 7 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city
levies and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City of Fort Worth
has not and will not create a sinking fund or collect any tax to pay any obligation created under this Section.
16.22 Force Majeure. In the event performance by Landlord of any term, condition, or covenant in
this Lease is delayed or prevented by an Act of God, strike, lock-out, shortage of material or labor, restriction by any
governmental authority, civil riot, flood, and any other cause not within the control of Landlord, the period for
performance of such term, condition, or covenant shall be extended to a period equal to the period Landlord is so
delayed or hindered.
16.23 Entire Agreement and Limitation of Warranties. It expressly agreed by Tenant, as a material
consideration for the execution of this Lease, that this Lease is the entire agreement of the Parties and that there are
and were no verbal representations, warranties, understandings, stipulations, agreements, or promises pertaining to
this Lease not incorporated in this Lease. It is likewise agreed that this Lease may not be altered, waived, amended,
or extended except by an instrument in writing signed by both Landlord and Tenant. Landlord and Tenant expressly
agree that there are and shall be no implied warranties of merchantability of fitness, suitability, habitability, or of any
other kind arising out of this Lease and that Tenant's acceptance of the Premises shall be "as is". In this regard,
Tenant represents to Landlord that Tenant's acceptance of the Premises shall conclusively evidence Tenant's
determination that the Premises are suitable in every way for Tenant's intended use. Not in limitation upon the
preceding, Landlord agrees that to the extent assignable, all warranties, if any shall exist, from contractors or
suppliers with respect to the improvements to the Premises are hereby assigned to Tenant.
17. BROKERS
The parties to this Lease acknowledge that none were the real estate brokers who represented the
parties in this Lease, and that no other commissions are due to any brokers in connection with this Lease, other than
the brokers named above. The commissions shall be paid based upon the terms of this Lease.
LEASE AGREEMENT/FORM
Page 12 of 16
18. NOTICES
Whenever the terms of this Lease provide for any demand, notice or declaration of any kind, or
where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to
the other party, it shall be in writing and served either personally or sent by United States mail, certified mail, return
receipt requested, postage prepaid, addressed at the addresses set forth below:
To Landlord at: Keith and Tammy Sturgeon and Raymond Meeks, Attorney
5940 Eden Drive 1000 North Walnut Creek Dr Ste C
Haltom City, Texas 76117 Mansfield, Texas 76063-1506
To Tenant at: City of Fort Worth
City Manager
1000 Throckmorton
Fort Worth, Texas 76102
AND
City of Fort Worth
Fire Chief, Fre Department
1000 Throckmorton
Fort Worth, Texas 76102
If sent by certified mail, notice shall be effective upon the date it is deposited in the United States mail.
19.TAXES
19.1 Real Property Taxes.
(a) Landlord shall pay all real property taxes applicable to the Premises; provided, however, that
Tenant shall be responsible for , the amount, if any, by which real property taxes applicable to the Premises increase
over the first fiscal tax year after the commencement of the term of this Lease. Since tenant is a local government all
improvements made by Tenant on the Premises shall be tax exempt. If at there is a disagreement with the taxing
authority regarding the tax exempt status of Tenant's improvements, Tenant shall be responsible for resolving the
matter and resolving all issues in a manner in which Landlord is not paying any taxes for Tenant's improvements. The
tenant agrees to assist landlord by reasonable means to resolve such a dispute, and agrees to submit notifications or
renditions in a timely manner, clearly noting tenants improvements and personal property.
(b) As used in this Lease, the term "real property tax" shall include any form of assessment, license
fee, rent tax, levy, penalty, or tax (other than inheritance or estates taxes), imposed by any authority having the
direct or indirect power to tax, including any city, county, state, or federal government, or any school, agricultural,
lighting, drainage or other improvement district, as against any legal or equitable interest of Landlord in the Premises
or in the real property of which the Premises are a part, as against Landlord's right to rent or other income from the
Premises, or as against Landlord's business of leasing the Premises, and Tenant shall pay any and all charges and
fees which may be imposed by the EPA or other similar government regulations or authorities.
20. INSURANCE
20.1 Liability Insurance. And Property Insurance In accordance with the Texas Tort Claims Act, the Lessee's
liability is limited to money damages in a maximum amount of $250,000, for each person and $500,000 for each
LEASE AGREEMENT/FORM
Page 13 of 16
single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of
property for all government functions. Damage for which the City of Fort Worth would ultimately be found liable
would be paid directly by the City through its self-funded program and not by a commercial insurance company.
Statutory workers' compensation insurance, coverage is self-funded to the $500,000.00 retention limit per
incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is
maintained at the $1,000,000.00 policy limit.
The Lessee maintains a commercial Excess General Excess Liability and Excess Workers'Compensation policy,
with a seven hundred fifty thousand dollars ($750,000) self-insured retention, per occurrence and as respects
combined insured damages and insured allocated costs and expenses of investigation, defense, negotiation, and
settlements applicable to such damages. The excess general liability limit for all damages for all bodily injury and
property damage liability coverages provided by commercial policy, including damages for care and loss of services,
shall not be greater that one million dollars ($1,000,000) per occurrence and the sum of three million dollars
($3,000,000) in the Aggregate. Workers'Compensation is Statutory.
20.1 Waiver of Subrogation. Tenant and Landlord each waives any and all rights of recovery against
the other, or against the officers, employees, agents, and representatives of the other, for loss of or damage to such
waiving party or its property or the property of others under its control, where such loss or damage is insured against
under any insurance policy in force at the time of such loss or damage. Tenant and Landlord shall, upon obtaining
the policies of insurance required under this Lease, give notice to the insurance carriers that the foregoing mutual
waiver of subrogation is contained in this Lease.
21. SPECIAL PROVISIONS:
If noted, a Special Provision addendum is attached as Exhibit F.
25. Addendums
Addendums attached and made a part hereto noted below:
Exhibit A - Legal Description_X
Exhibit B - Environnemental
Exhibit C - Flood Plain
Exhibit D - Parking &Access X_
Exhibit E - Septic and Water (utilities) X
Exhibit F - Special Provisions
Exhibit G - Personal Guarantee
Exhibit H — Rules&Regulations_X
Site Plan - X
Exhibit I Mayor and Council Communication X
LEASE AGREEMENT/FORM
Page 14 of 16
The parties to this Lease have executed this Lease at the place and on the dates specified immediately adjacent to
their respective signatures.
EXECUTED at on theq day of I I Q,� Z obSr
LANDLORD:
Keith and Tammy Sturgeon
By:
EXECUTED at , on the day of !
TENANT:_City of F Wo
APPROVED AS TO By:
FOR AN"EGALITY:
Name: Joe P isu , sis nt City Manager
Bus. Phone 817-392 0
ASSI ANT ATTORNEY
Attested By:
L4�—
lk-
Marty Hendtd j v /O r/G
City Secretary // A
Contract huthoriaatioa
- 9—/5-
Date
LEASE AGREEMENTIFORM
Page 15 of 16
FoFTW0PTH Exhibit "'Aro
REAL PROPERTY DESCRIPTION
Being a 0.320 acre tract of land situated in the James Righly Survey, Abstract No.
1268, Tarrant County, Texas and being a portion of that called 6.00 acre tract of
land as conveyed to Keith Sturgeon by deed recorded in Volume 14723, Page
81, Deed Records, Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
Beginning at a 5/8" iron rod with a red plastic cap stamped "CITY OF FORT
WORTH SURVEY DIVISION" set in the west line of said 6.00 acre tract and also
being in the most easterly west line of a tract of land as conveyed to Houston
Copart Salvage Auto by deed recorded in Volume 15736, Page 171, Deed
Records, Tarrant County, Texas, from which a 1/2" iron rod with a yellow plastic
cap stamped "McCullah" found for the southwest corner of said Sturgeon tract
bears South 00 degrees 01 minutes 51 seconds West, 160.66 feet, said iron
having coordinates of X=2,313,237.51 and Y= 7,028,016.74;
Thence: with the west line of said Sturgeon tract, North 00 degrees 01 minutes 51
seconds East, 104 feet to a 5/8" iron rod set with a red plastic cap stamped "CITY
OF FORT WORTH SURVEY DIVISION", from which a parker-kalon nail found in
Blue Mound Road for the northwest corner of said Sturgeon tract bears North 00
degrees 01 minutes 51 East 757.87 feet,
Thence: departing said west line South 89 degrees 32 minutes 58 seconds East,
134 feet to a 5/8" iron rod set with a red plastic cap stamped "CITY OF FORT
WORTH SURVEY DIVISION";
Thence: South 00 degrees 01 minutes 51 seconds West, 104 feet to a 5/8" iron
rod set with a red plastic cap stamped "CITY OF FORT WORTH SURVEY
DIVISION";
Thence: North 89 degrees 32 minutes 58 seconds West, 134 feet to the place of
beginning and containing some 0.320 acres of land more or less.
Surveyed on the ground in September of 2005.
r
Bearing Base: City of Fort Worth Integrated G.P.S. Network System; Texa eG�srFAo'�9s
Coordinate System, North Central Zone, N.A.D. 83, distances are ground,>� Ma sk:t.... . .
measurements. ' ' ,647
tid S R\1 y
ENGINEERING DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 Iy110
(817) 871-7941 * FAX (817) 871-7854
QQJ Printed on recycled paper
Note: In accordance with the Texas Board of Professional Land Surveying,
General Rules of Procedure and Practices, 663.19(9), this "report" consists of the
real property description included herein and a Map of Survey, attached herewith.
Exhibit D
Parking/Access
Landlord shall not be responsible for any damages arising from vehicles parked, and
tenant should obtain insurance as determined necessary in their sole discretion to cover
any losses on the parking lot.
XAreas shown on the attached site plan are for all tenalitl access, and should
be clear at all times.
Special parking provisions are as follows: L ��
Fire Lane as shown on the proposed site plan
Landlord Initials k—.> Tenant Initials
Exhibit E
Utility Addendum - Water, Sewer or Septic & Electricity
If utilities are in landlord's name, and re-billed to tenant, tenant agrees to pay for such bills within 7 days of
receipt, directly to landlord, or to utility provider, if so directed in writing by landlord. Failure to pay such bills
will be considered a default of the lease, if they remain uncured for seven days following notice of such
delinquency. Such amounts due for utilities shall be considered part of the rent due for leased premises.
Payments received for rent shall be applied first to any utility bills, then to late fees (whether current or
previously billed), and then to amounts due for rent other than utilities.
Water
_X Water is provided by private well. Water use should be limited. No washing of vehicles or equipment, or
used in production activity without the written permission of landlord. No oils or other environmental sensitive
waste is to be discharged into septic system, nor any wastewater from production or processing activity. The
water is suitable for toilets and washing hands, etc.
_X Water well maintenance will be billed quarterly based on 3,950 sf, at $40 per month
Septic
X Property has on site septic system. Tank will be pumped twice annually. No oils or other environmental
sensitive waste is to be discharged into septic system, nor any wastewater from production or processing
activity.
Electricity
_X Electricity is provided by 3rd party. You will need to apply for service, and pay your electric bill
directly
Landlord Initials . ) Tenant Initials
EXHIBIT " H "
G RULES AND REGULATION
Demised Premises and Address: d 3`�' L L4 {L L'4,�;a
1. Application. The following standards shall affect and shall be observed by Tenant,Tenant's employees and invitees,for the mutual
safety, cleanliness, care, protection, comfort and convenience of all tenants and occupants of the Property, and shall be applicable to
the building(s), to the common areas, driveways, parking lots, and to the Demised Premises, including the land situated beneath and
any appurtenances thereto.
2. Consent Required. Any exception to these Rules and Regulations must first be approved in writing by Landlord. For purposes of
these Rules and Regulations, the term "Landlord" includes the building manager, the building manager's employees, and any other
agent or designee authorized by Landlord to manage or operate the Property.
3. Rules and Regulations:
A. Tenant may not conduct any auction, "flea market" or "garage sale" on the Demised Premises nor store any goods or
merchandise on the Property except for Tenant's own business use. Landlord acknowledges and agrees that food will be prepared in
the Demised Premises . Landlord acknowledges and agrees that the Demised Premises will be used or occupied as sleeping quarters
or for lodging purposes. Animals may not be kept in or about the Property.
B. Tenant shall not obstruct sidewalks,driveways,loading areas, parking areas, corridors, hallways, vestibules, stairs and other
similar areas designated for the collective use of tenants, or use such areas for Tenant's storage, temporary or otherwise, or for any
purpose other than ingress and egress to and from the Demised Premises. Tenant shall comply with parking rules and guidelines as
may be posted on the Property from time to time.Tenant shall not host or allow to be hosted outdoor public events, except in rented
premises, nor use common areas for any event or action without written consent of landlord.Tenants activities shall be in the rented
areas only.
C. Tenant may not bring any hazardous materials onto the Property,except those materials necessary for the operation of a fire
station. Tenant shall take all precautions necessary for the proper storage,use and disposal of such materials.
D. Installation of security systems, telephone, television and other communication cables, fixtures and equipment must comply
with Section 7 of the Lease, except that routine installation and construction of normal communication devices which do not require
any holes in the roof or exterior walls of the Property do not require the written approval of Landlord.
E. Movement into or out of the building through public entrances, lobbies or corridors which requires use of a hand truck, dolly
or pallet jack to carry freight, furniture, office equipment, supplies and other large heavy material, must be limited to the service
entrances and freight elevators only and must be done at times and in a manner so as not to unduly inconvenience other occupants of
the Property. All wheels for such use must have rubber tires and edge guards to prevent damage to the building. Tenant shall be
responsible for and shall pay all costs to repair damages to the premises caused by the movement of materials by Tenant. No hard
rubber-tired forklifts allowed on asphalt. Only pneumatic-tired forklifts allowed outside the buildings.
F. Requests by Tenant for building services, maintenance and repair must be made in writing to the office of the building
manager designated by Landlord and must be dated. Tenant shall give prompt written notice to Landlord of any significant damage to
or defects in the Demised Premises or the Property, especially including plumbing, electrical and mechanical systems, heating,
ventilating and air conditioning systems, roofs, windows, doors, foundation and structural components, regardless of whose
responsibility it is to repair such damage. If Landlord is not notified of roof leaks Tenant assumes all responsibilities for damages
caused by roof leaks.
G. Harmful liquids, toxic wastes, bulky objects, insoluble substances and other materials which may cause clogging, stains or
damage to plumbing fixtures or systems must not be placed in the lavatories,water closets, sinks,or drains. Tenant must pay the cost
to repair and replace drains,plumbing fixtures and piping which is required because of damage caused by Tenant.
H. Tenant shall cooperate with Landlord and other occupants of the Property in keeping the Property and the Demised Premises
Rules and Regulations 1
neat and clean. Nothing may be swept,thrown or left in the corridors, stairways, elevator shafts, lobbies, loading areas, parking lots
or any other common areas of the Property. All trash and debris must be properly placed in receptacles provided by Tenant.
I Tenant agrees to cooperate with and assist Landlord in the prevention of peddling,canvassing and soliciting on the Property.
J. Tenant shall not serve or sell or allowed to be served or sold, any alcoholic beverages on the Demised Proeprty.
4. Revisions. Landlord reserves the right to revise andlor rescind any of these Rules and Regulations and to make additional rules
which Landlord may determine are necessary from time to time for the safety, care, cleanliness, protection, comfort and convenience
of the tenants and occupants of the Property and for the care, protection and cleanliness of the building. Revisions and additions will
be binding upon the Tenant with 90 days written notice as if they had been originally prescribed herein when furnished in writing by
Landlord to Tenant, provided the additions and revisions apply equally to all tenants occupying the Property and such rules and
regulations do not impair Tenant's ability to use the Demised Premise as Temporary Fire Station. It is agreed that if such rules or
regulations impair Tenant's ability to use the Demised Premises a Temporary Fire Station, Tenant shall be allowed to send Landlord a
termination notice with no damages being due to Landlord.
5. Errforcement. Any failure or delay by Landlord in enforcing these Rules and Regulations will not prevent Landlord from enforcing
these Rules and Regulations in the future. If any of these Rules and Regulations is determined to be unenforceable, it shall be severed
from this Lease without affecting the remainder of these Rules and Regulations.
Initials: Landlord .A,.` Tenant
Rules and Regulations
J r1�Nl �L rr�� I
I
w I
z �z
Dw -
LU
zz
X18 o•
� 0 NO z
`'3O _ (�� 10
LU 0 0 a
M< �j410
z mz X � a
w� D— ua c•
�� � uot X � 4Q m0p �Q X 4 3 I
T-- da)- woa. '^ vu 3 X60 o
z
Ops i 00
I z
I – i X � VJ
o 9
w_ vz 1-i wi o•
2- =
m; m z O A
� o-
x
- 9NIQ�11rG w
I
-LNaN:aGV3 W z - — -
V 3[G"I"O ,OI 0 –
<
–
<
-----------------------------
---- - ..VM2Al� 9431M ,OG 9N1115Xa-- -----------
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16596-09-2005 & Ordinance No.
16597-09-2005 & Ordinance No. 16598-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 12FIRE287 REFERENCE NO.: P--10:
SUBJECT: -- /C�Aq
Authorize the Lease of Approximately 0.32 Acres of Land Located at 834 Blue Mound Road and the
Purchase of Two Portable Buildings for the Fire Department for a Temporary Fire Station
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Capital Projects Reserv,
Fund in the amount of$450,504.00, and decreasing unreserved fund balance by the same amount;
2. Authorize the City Manager to transfer $450,504.00 from the Capital Projects Reserve Fund to th,
Specially Funded Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th,
Special Assessments Fund in the amount of$50,000.00;
4. Authorize the City Manager to transfer $50,000.00 from the Special Assessments Fund to the Speciall
Funded Capital Projects Fund;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th,
Specially Funded Capital Projects Fund by $500,504.00;
6. Authorize the City Manager to execute a two-year lease agreement, in the amount of $2.00 per square
foot (at this time estimated to be approximately $28,000) with one two-year option to renew, with Ron Sturgeoi
Real Estate LP for a portion (0.32 acre) of the property located at 834 Blue Mound Road West, Suite 10C
Haslet, Texas, for the City of Fort Worth Fire Department for a temporary fire station;
7. Authorize the purchase of a portable building from William Scotsman to serve as temporary housing fc
the Fire Department for a cost not to exceed $99,579.70; and
8. Authorize the City Manager to execute a Job Order under the Job Order Contract with Jamail Constructioi
Company in an amount not to exceed $185,000.00, for the construction of a metal building and associated sit
work to house the fire apparatus and other necessary fire equipment.
DISCUSSION:
In an effort to respond to fires and other emergencies in areas in the northern portion of Fort Worth, City sta
would like to enter into a lease agreement for 0.32 acres of property located at 834 Blue Mound Road, and th
purchase of two portable buildings and related construction services necessary for the Fire Department i
provide temporary housing and facilities for a temporary fire station.
Lease
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/12/2005
Page 2 of 3
The City of Fort Worth Fire Department will lease approximately 14,000 square feet of land space only, for th
purpose of placing two portable buildings to be designated as Temporary Fire Station 41, which will house Fir
Department personnel and Fire Department apparatus and equipment.
The rent for this property is $2.00 per square foot; therefore, the lease cost is approximately $28,000.0
annually. All expenses will be the tenant's responsibility under this lease agreement; however, the City will b
able to connect to landowner's water well and septic system. The term of the lease is two years with one twc
year option to renew, contingent on the appropriation of sufficient funds in the Fire Department's annu;
budget. The location for the temporary fire station in the City ETJ.
Temporary Housing for Fire Fighters
City staff recommends purchasing one metal building from Williams Scotsman that will act as provision,
housing for the Fire Department personnel. The building is 24' X 64' and contains 1,536 square feet. The co:
of the building, including delivery and set up, will be approximately $99,579.70. In accordance with Sectic
271.083(b), the City has satisfied the competitive bid requirement for this purchase; the City is a member of th
Texas Purchasing Cooperative Network; and Williams Scotsman is an approved vendor in that network.
Temporary Building to House Fire Apparatus and Other Necessary Fire Equipment
City staff is recommending acquiring design and construction services for an additional building to provid
storage/garage facilities for the fire equipment including the fire apparatus. City staff recommends acquirin
these services from Jamail Construction Company, Inc. Prices are based on an existing Texas Loc;
Government Cooperative, BuyBoard contract. The proposed storage facility/garage will be 50'x50' an
contains 2500 square feet. The cost for this building including delivery and setup will be approximate
$185,000.00.
The Texas Local Government Cooperative was created to increase the purchasing power of governmei
entities and to simplify purchasing by using an electronic purchasing system, called the BuyBoard. The iterr
listed on the BuyBoard have been competitively bid and awarded under a best-value method by th
Cooperative, or by a member of the Cooperative. By selecting a vendor from the BuyBoard, the City he
satisfied the competitive bidding requirements and is assured of a competitive price for the work or iter
purchased.
Jamail Construction Company, Inc., was selected for listing on the BuyBoard by a best-value selection. Th
City of Fort Worth, as a member of the BuyBoard, has access to the contract.
Jamail Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committing to 251
M/WBE participation on the Job Order Contract. The City's M/WBE goal on this Job Order Contract is 25%.
The estimated overall cost of the construction portion of the project is:
Design/Construct (Storage/Garage Facilties) $185,000.00
Temporary Housing $99,580.00
Survey/geo-technical engineering $10,000.00
Contingency and staff $70,000.00
ITS $96,586.00 ($51,586 for station alert/radios; $45,000 for telephone systei
FF & E $14,338.00
Generator $25,000.00
Total $500,504.00
The equipment will be reused in the permanent fire station planned to serve this area. The portable buildinc
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/12/2005
Page 3 of 3
can be reused for other temporary fire station facilities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies upon approval of the above recommendations and adoption of the attache
appropriation ordinance, funds will be available in the current budgets, as appropriated, of the Speciall
Funded Capital Projects Fund and the General Fund. The cash balance of the Capital Projects Reserve Fun,
after this transfer will be $1,674,928. The fiscal year end cash balance at this time is projected to b,
$1,620,904.30.
BQN\\
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 538070 013010001000 $450,504.00 GC10 538070 013010001000 $450,504.01
C291 472010 202110028280 $450,504.00 GS94 538070 020940099050 $50,000.00
GS94 488032 020940099050 $50,000.00 C291 541250 202110028280 $99,579.70
GS94 538070 020940099050 $50,000.00 C291 541200 202110028280 $185,000.01
C291 472094 202110028280 $50,000.00 GG01 539120 0363510 $28,000.00
C291 472010 202110028280 $450,504.00
C291 472094 202110028280 $50,000.00
C291 511060 202110028230 $3,000.00
C291 511080 202110028280 $6,000.00
C291 531200 202110028230 $7,400.00
C291 522500 202110028280 $96,586.00
C291 541200 202110028280 $238,600.00
C291 541330 202110028280 $14,338.00
C291 541250 202110028280 $99,580.00
C291 541300 202110028280 $25,000.00
C291 531060 202110028230 $5,000.00
C291 539120 202110028230 $5,000.00
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head:
Additional Information Contact: Cynthia Garcia (7611)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/12/2005
Page 1 of 3
Ex1.:1o� t Z
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2005 - Ordinance No. 16596-09-2005 & Ordinanc
16597-09-2005 & Ordinance No. 16598-09-2005
DATE: Tuesday, September 13, 2005
LOG NAME: 12FIRE287 REFERENCE NO.
SUBJECT:
Authorize the Lease of Approximately 0.32 Acres of Land Located at 834 Blue Mound Road
Purchase of Two Portable Buildings for the Fire Department for a Temporary Fire Station
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Capital Projects
Fund in the amount of$450,504.00, and decreasing unreserved fund balance by the same amount;
2. Authorize the City Manager to transfer $450,504.00 from the Capital Projects Reserve Fun
Specially Funded Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation
Special Assessments Fund in the amount of$50,000.00;
4. Authorize the City Manager to transfer $50,000.00 from the Special Assessments Fund to the
Funded Capital Projects Fund;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation
Specially Funded Capital Projects Fund by $500,504.00;
6. Authorize the City Manager to execute a two-year lease agreement, in the amount of $2.00 pe
foot (at this time estimated to be approximately $28,000) with one two-year option to renew, with Ron
Real Estate LP for a portion (0.32 acre) of the property located at 834 Blue Mound Road West, S
Haslet, Texas, for the City of Fort Worth Fire Department for a temporary fire station;
7. Authorize the purchase of a portable building from William Scotsman to serve as temporary ho
the Fire Department for a cost not to exceed $99,579.70; and
8. Authorize the City Manager to execute a Job Order under the Job Order Contract with Jamail Con
Company in an amount not to exceed $185,000.00, for the construction of a metal building and associ
work to house the fire apparatus and other necessary fire equipment.
DISCUSSION:
In an effort to respond to fires and other emergencies in areas in the northern portion of Fort Worth,
would like to enter into a lease agreement for 0.32 acres of property located at 834 Blue Mound Roac
purchase of two portable buildings and related construction services necessary for the Fire Depa
http://www.cfwnet.org/council packet/Reports/me print.asp 9/25/2005
Page 2 of 3
provide temporary housing and facilities for a temporary fire station.
Lease
The City of Fort Worth Fire Department will lease approximately 14,000 square feet of land space on
purpose of placing two portable buildings to be designated as Temporary Fire Station 41, which will h
Department personnel and Fire Department apparatus and equipment.
The rent for this property is $2.00 per square foot; therefore, the lease cost is approximately $,'
annually. All expenses will be the tenant's responsibility under this lease agreement; however, the C
able to connect to landowner's water well and septic system. The term of the lease is two years with
year option to renew, contingent on the appropriation of sufficient funds in the Fire Department'
budget. The location for the temporary fire station in the City ETJ.
Temporary Housing for Fire Fighters
City staff recommends purchasing one metal building from Williams Scotsman that will act as pi
housing for the Fire Department personnel. The building is 24' X 64' and contains 1,536 square feet.
of the building, including delivery and set up, will be approximately $99,579.70. In accordance witl
271.083(b), the City has satisfied the competitive bid requirement for this purchase; the City is a meml
Texas Purchasing Cooperative Network; and Williams Scotsman is an approved vendor in that networ
Temporary Building to House Fire Apparatus and Other Necessary Fire Equipment
City staff is recommending acquiring design and construction services for an additional building b
storage/garage facilities for the fire equipment including the fire apparatus. City staff recommends
these services from Jamail Construction Company, Inc. Prices are based on an existing Tex
Government Cooperative, BuyBoard contract. The proposed storage facility/garage will be 50'
contains 2500 square feet. The cost for this building including delivery and setup will be appr,
$185,000.00.
The Texas Local Government Cooperative was created to increase the purchasing power of go
entities and to simplify purchasing by using an electronic purchasing system, called the BuyBoard. 1
listed on the BuyBoard have been competitively bid and awarded under a best-value methof
Cooperative, or by a member of the Cooperative. By selecting a vendor from the BuyBoard, the
satisfied the competitive bidding requirements and is assured of a competitive price for the worl
purchased.
Jamail Construction Company, Inc., was selected for listing on the BuyBoard by a best-value selec
City of Fort Worth, as a member of the BuyBoard, has access to the contract.
Jamail Construction Company, Inc., is in compliance with the City's M/WBE Ordinance by committin
M/WBE participation on the Job Order Contract. The City's M/WBE goal on this Job Order Contract is
The estimated overall cost of the construction portion of the project is:
Design/Construct (Storage/Garage Facilties) $185,000.00
Temporary Housing $99,580.00
Survey/geo-technical engineering $10,000.00
Contingency and staff $70,000.00
ITS $96,586.00 ($51,586 for station alert/radios; $45,000 for telqphg
FF & E $14,338.00
Generator $225.000.00
http://www.cfwnet.org/council packet/Reports/mc print.asp 9/25/2005
Page 3 of 3
Total $500,504.00
The equipment will be reused in the permanent fire station planned to serve this area. The portable
can be reused for other temporary fire station facilities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies upon approval of the above recommendations and adoption of the
appropriation ordinance, funds will be available in the current budgets, as appropriated, of the
Funded Capital Projects Fund and the General Fund. The cash balance of the Capital Projects Rese
after this transfer will be $1,674,928. The fiscal year end cash balance at this time is project(
$1,620,904.30.
BQN\\
TO Fund/Account/Centers FROM Fund/Account/Centers
GC10 538070 013010001000 14501504.00 GC10 538070 013010001000 45
C291 472010 202110028280 $450,504.00 GS94 538070 020940099050 50
GS94 488032 020940099050 $50,000.00 C291 541250 202110028280 $99
GS94 538070 020940099050 $50,000.00 C291 541200 202110028280 18
C291 472094 202110028280 $50,000.00 GG01 539120 0363510 28
C291 472010 202110028280 $450,504.00
C291 472094 202110028280 $50,000.00
C291 511060 202110028230 $3,000.00
C291 511080 202110028280 $6,000.00
C291 531200 202110028230 $7,400.00
C291 522500 202110028280 $96,586.00
C291 541200 202110028280 $238,600.00
C291 541330 202110028280 $14,338.00
C291 541250 202110028280 $99,580.00
C291 541300 202110028280 $25.000.00
C291 531060 202110028230 $5000.00
C291 539120 202110028230 $5,000.00
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head:
Additional Information Contact: Cynthia Garcia (7611)
http://www.cfwnet.org/council packet/Reports/mc print.asp 9/25/2005