HomeMy WebLinkAboutContract 30639 CITY SFS riETARY
:;ONT,9;,CT nip 9
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the day of 130-; ,
2004, the effective date hereof, at Fort Worth, Texas by and between Oakwind, Ltd., a Texas limited
partnership (Lessor), and the City of Fort Worth, a municipal corporation, acting by and through its
duly authorized representative Joe Paniagua (Lessee). The term "Lessor" shall include the agents,
representatives, employees, and contractors of Lessor. The term "Lessee" shall include the agents,
representatives, and employees of Lessee.
SECTION 1. Leased Premises. For and in consideration of the rental payments to be paid under
this Lease, Lessor leases to Lessee and Lessee Leases from Lessor:
Office Space of approximately 1,000 square feet, located at 6857A Green Oaks Road, Fort
Worth, Texas, 76116 (the Shopping Center).
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 March
6, 2004 and terminating on March 5, 2005, unless a prior termination is effected by either Lessor or
Lessee under the termination provisions of this Lease. Lessee shall pay Lessor annual rent of$6,600
per year, payable in monthly installments of$550.00 per month. The rental payment shall be made to
the Lessor on the first day of the term and each month thereafter including any extension of the Lease.
Rent for any partial calendar month shall be prorated on a per diem basis.
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 water charges that come due. Lessee shall be responsible for
City of Fort Worth Lease Page 1
C
. �� � .
electrical, telephone, natural gas and/or other utility charges that come due and payable during the
term Lessee occupies the Leased Premises. Lessor agrees to pay all ad valorem taxes and insurance
and common area charges during the term of the Lease. Lessee shall keep the Leased Premises in
good, clean and habitable condition, normal wear and tear excepted. In addition, Lessee shall take C
good care of the Leased Premises and keep the same free from waste at all times, and Lessee shall
neither deface nor injure the Leased Premises.
C�
Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air
conditioning, electrical, and plumbing of the Leased Premises. Lessee agrees to give Lessor writtenj'
notice of defects or need for repairs in the roof, foundation, exterior walls, heating, air conditioning
electrical, and plumbing of the Leased Premises. Written notice shall be by Certified Mail to owner's r
leasing agent of record. 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 .1
the Lease without penalty. U
Except for Lessor's maintenance responsibilities as specifically set forth in this Lease, Lessee
shall at its cost keep and maintain in good order and condition and repair the Leased Premises
including but not limited to plate glass, doors, and the clearing of blocked plumbing lines.
SECTION 5. Insurance. Lessor agrees to insure the structure and premises of the Shopping Center.
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 N
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.
The City of Fort Worth is basically a self-funded entity and as such, generally, it does not maintain a % -4
commercial liability insurance policy to cover premises liability. Damages for which the City of Fort
Worth would ultimately be found liable would be paid directly and primarily by the City of Fort £'
Worth and not by a commercial insurance company.
V�
SECTION 6. Liability and Hold Harmless. LESSOR COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS, N
AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTH Z
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO
E ^
PREMISES ANWOR SHOPPING CENTER, REGARDLESS OF WHETHER T*!E-AC-T--GR
O-A.4--Ir-%R-11 OWN COMPLAINED OF RESULTS FROM THE A"EGED NEGLIGENCE OR ANV
0-TUE ACT !1D CAi 1-95-4 1N OFZ LESSOR, LESSEE, O -A-NX IHIR-n PARTY
SECTION 7. Fixtures. Lessor herein agrees that no property or equipment, owned ori alled 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
END
City of Fort Worth Lease Page 2
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. Lessor shall have the right to terminate this Lease at any time for any reason
unrelated to Lessee's default or breach of any of the terms expressed herein by giving Lessee
30 days' written notice prior to the intended termination date. The notice shall be deemed
effective when deposited by Lessor in United States mail postage prepaid, certified mail,
return receipt requested, addressed to Lessee.
Lessee shall have the right to terminate this Lease at any time for any reason by giving Lessor
30 days' written notice prior to the intended termination date. The notice shall be deemed
effective when deposited by Lessee in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to Lessor.
If this Lease is terminated under this section, or as a result of the expiration of the Lease term
or any renewal period, neither party shall have any further obligation or liability to the other
under this Lease. Lessor and Lessee shall be bound by the terms, covenants and conditions
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date
of surrender coincides with the date of termination of the Lease.
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.
SE CTION 10. Holding Over. In the event Lessee remains in possession of the Lease Premises
after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be
occupying the Lease Premises on a month-to-month tenancy, subject to all of the terms of this Lease.
SECTION 11. 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
City of Fort Worth Lease Page 3 �,JiFi I ki
I ���
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 12. 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 ("ADA"), 42
U.S.C. § 12101 et se ., 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 (II) SHALL MAKE ALL IMPROVEMENTS
NECESSARY TO CORRECT AND/ OR ABATE ALL ENVIRONMENTAL HAZARDS OF
THE LEASED PREMISES.
SECTION 13. 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 14. Assignment. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors,
and lawful assignees of Lessor and the successors of Lessee, as permitted by the terms of this
agreement and by the laws of the State of Texas and the United States. Any person or entity using or
occupying the Leased Premises without a lawful assignment or sublease shall be subject to all the
responsibilities and liabilities of Lessee and shall be subject to all provisions regarding termination
and eviction.
SECTION 15. Police Protection. Lessor agrees and understands that Lessee in no way
promises to provide increased police protection or more rapid emergency response time because
of this Lease. No special relationship shall exist between Lessor or Lessee other than that of
landlord and tenant. Lessee shall provide no greater police protection to Lessor than is
provided to all other residents and businesses of the City of Fort Worth.
SECTION 16. 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:
Oakwind, Ltd
c/o Frontline Property Management, Inc.
6839C Green Oaks Road
Fort Worth, Texas 76116
As well as to:
City of Fort Worth Lease Page 4 vR ' RU
R "'"ORTH, TEN,
Oakwind, Ltd.
P.O. Box 5287
Culver City, California 90231
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
Other than notices of defect or need for repairs as agreed in Section 4 requiring notice be certified
mail, mailing of all notices under the Lease shall be deemed sufficient if mailed postage prepaid and
addressed as specified change in the other party's address. All time periods related to any notice
requirements specified in the Lease shall commence upon the terms specified in the section requiring
the notice.
SECTION 17. 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 18. 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 19. 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.
SECTION 20. Lessee's Signage. Lessor and Lessee hereby acknowledge and agree that Lessee
shall be responsible, at its sole cost and expense, for the installation and maintenance (i.e., in good
condition and in proper operating order at all times) of Lessee's signage above the storefront or on the
windows or door of the Lease Premises, which signage shall be approved by Lessor as to
construction, method of attachment, size, shape, height, lighting, color, location and general
¢ � � ROD
City of Fort Worth Lease Page 5
appearance; provided, however, that Landlord shall not unreasonably withhold its consent to any such
signage.
SIGNED this �41�day of 1: , 20 --
LESSOR: OAKWIND, LTD. A Texas LESSEE: CITY OFF ORTH
limited partnership
By:
y: � �- Joe Paniag , As is a Manager
Carroll B. Winn, Vice President
Frontline Property Management,Inc.
Agent for Owner
APPROV AS TO FORM AND LEGALITY:
Assistan City Attorney
ATTEST:
f—'L ka
City Secretary
M & C Number :
Date: g
—r�I — --�'
Contract Number:
� � b ficom
City of Fort Worth Lease Page 6 O f SECH SY
. WITH1 11
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 ���r��� (ifp/ - , known to me to be the
same person whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of and that he/she executed the same
as the act of said for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this // day of
zoo .
Not ublic in#d Lffr the State of Texas
YNTHIA JOYNER CHESNUT
* NOTARY PUBLIC
State of Texas
.Con , Exp. 09-27-2007
WICIAU HMO
City of Fort Worth Lease Page 7 CI ff SKI'l-MMY
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Joe Paniagua, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Joe
Paniagua and that he executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20" .
ROSELLA BARNES
10
*e' sO6 NOTARY PUBLIC
yt:
tN,t !Q state of Texas
0F„ Comm. Exp. 03-31-2005
Notary Public in and for the State of Texas
City of Fort Worth Lease Page 8
p ' :fin pip?
EXHIBIT A
POLICE STORE FRONT LEASE AT 6857A GREEN OAKS ROAD
Legal Description:
Lot: Portion of Lot 2R
Block: 5
Addition: Ridgmar Mall Addition
As recorded in:
Volume 13260, Page 436, Deed Records, Tarrant County, Texas
';ww
City of Fort Worth Lease Page 9
CITY
N. W'OHN, TEX,
6.9z
Qv
ID
CO
� T
Z
0
m � Q
r
0
�O
C�
cD
s
T R
r �
�s r
e
a,
co
"" �`'• Y� it7
07 G ko
P
j
1 Mob
F2 L— cirf Wl�-Affiky
a, WORN I Yl t.
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/21/2004
DATE: Tuesday, September 21, 2004
LOG NAME: 35GREEN OAKS REFERENCE NO.: **C-20283
SUBJECT:
Execution of Lease Agreement with Oakwind, LTD. for Office Space at 6857-A Green Oaks Road
for the Police Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Oakwind, LTD. for office space of
approximately 1,000 square feet located at 6857-A Green Oaks Road at a cost of$6,600 per year, and;
2. Authorize the agreement to begin March 6, 2004 and end on March 5, 2005, with two twelve-month
renewal options.
DISCUSSION:
The Engineering Department, Real Property Management Division, at the request of the Police Department,
negotiated a lease agreement with Oakwood, LTD., for approximately 1,000 square feet of office space to
be utilized as a police storefront by neighborhood patrol officers and Citizens on Patrol members.
The lease term will be for one year, with two twelve-month options to renew. Under the terms of the lease,
the landlord is responsible for payment of water charges. The City is responsible for all other utility charges,
including telephone service. The Police Department has occupied this space since March 6, 2001.
This property is located in COUNCIL DISTRICT 7.
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.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR79 539120 0359501 $6,600.00
Submitted for City Manager's Office b Joe Paniagua (6140)
Originating Department Head: Ralph Mendoza (48386)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/30/2004
Page 2 of 2
Additional Information Contact: Ralph Mendoza (48386)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/30/2004