HomeMy WebLinkAboutContract 29965 CITY SECRETARY
CONTRACT NO. 12)Qg
SUBLEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This sublease agreement (Sublease) is made and entered into this, the k�ti� day of
2004, the effective date hereof, at Fort Worth, Texas by and between Texas
Christi University (Sublessor), and the City of Fort Worth, a municipal corporation, acting by and
through its duly authorized representative Joe Paniagua (Sublessee). The term "Sublessor" shall
include the agents, representatives, employees, and contractors of Sublessor. The term "Sublessee"
shall include the agents, representatives, and employees of Sublessee.
SECTION 1. Subleased Premises. For and in consideration of the rental payments to be paid under
this Sublease, Sublessor Subleases to Sublessee and Sublessee Subleases from Sublessor:
Office Space of approximately 1,600 square feet, located at 2900 West Berry Street, Fort
Worth, Texas 76129.
The office space, together with any and all structures, improvements, fixtures and
appurtenances thereon, thereunder or over, shall be referred to as the Subleased 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 Subleased premises shall be used as office space for the City of
Fort Worth.
SECTION 3. Term and Rent. This Sublease shall be for a period of one year commencing on
March 1, 2004, and terminating on February 28, 2005, unless a prior termination is effected by either
Sublessor or Sublessee under the termination provisions of this Sublease. Sublessee shall pay
Sublessor annual rent of$1.00 per year, the receipt and sufficiency of which is hereby acknowledged.
SECTION 4. Taxes, Insurance, Utilities, Care of the Subleased Premises. Sublessor agrees to be
responsible for the payment of all natural gas and water charges that come due. Sublessee agrees to
responsible for electrical, telephone or other utility charges that come due and payable during the term
Sublesse occupies the Subleased Premises. Sublessor agrees to pay all taxes and insurance as they
come due. Sublessor shall keep the Subleased Premises in good, clean and habitable condition,
normal wear and tear excepted.
Sublessor shall maintain in good repair the roof, foundation, exterior walls, heating, air
conditioning, electrical, plumbing, and interior painting or other treatment of interior walls of the
Subleased Premises. Sublessee agrees to give Sublessor written notice of defects or need for repairs
in the roof, foundation, exterior walls, heating, air conditioning, electrical, and plumbing of the
Subleased Premises. If any repairs required to be made by Sublessor are o de
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within seven calendar days after written notice is delivered to Sublessor by Sublessee, Sublessee may
terminate the Sublease.
SECTION 5. Insurance. Sublessor agrees to insure the structure and premises of 2900 West Berry
Street, Fort Worth, Tarrant County, Texas, 76129. Such insurance shall provide protection for
liability, fire and casualty, and property damage for the property owned by the Sublessor, situated at,
and including, the Subleased Premises. Verification of this coverage shall be provided to Sublessee
prior to the execution of this contract. Sublessee assumes no liability or financial obligation for the
acquisition or maintenance of such insurance; all costs incurred during the course of insuring the
premises shall be borne solely by the Sublessor.
The City of Fort Worth is basically a self-funded entity and as such, generally, it does not maintain a
commercial liability insurance policy to cover premises liability. Damages for which the City of Fort
Worth would ultimately be found liable would be paid directly and primarily by the City of Fort
Worth and not by a commercial insurance company.
SECTION 6. Liability and Hold Harmless. SUBLESSOR COVENANTS AND AGREES TO
RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND SUBLESSEE, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER
TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE
EXISTENCE OF THIS SUBLEASE OR THE USE OR OCCUPANCY OF THE SUBLEASED
PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF
RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION
OF SUBLESSOR, SUBLESSEE, OR ANY THIRD PARTY.
SECTION 7. Fixtures. Sublessor herein agrees that no property or equipment, owned or installed
by Sublessee, or any representative of Sublessee, shall, under any circumstances, become a fixture,
and that Sublessee shall reserve the right to remove any and all such property or equipment at any
time during the term of this Sublease, or subsequent to its termination by either party. Sublessor
further agrees that she/he will, at no time, hold or retain, any property owned or installed by
Sublessee, for any reason whatsoever.
SECTION 8. Termination, Funding and Non-Appropriation.
8.01 Termination. Sublessee shall have the right to terminate this Sublease at any time for any
reason by giving Sublessor 30 days' written notice prior to the intended termination date. The
notice shall be deemed effective when deposited by Sublessee in the United States mail,
postage prepaid, certified mail, return receipt requested, addressed to Sublessor.
If this Sublease is terminated under this section, or as a result of the expiration of the Sublease
term or any renewal period, neither party shall have any further obligation or liability to the
other under this Sublease. Sublessor and Sublessee shall be bound by the terms, covenants
and conditions expressed herein until Sublessee surrenders the Subleased Premises, regardless
of whether the date of surrender coincides with the date of termination of the Sublease.
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8.02 Funding and Non-Appropriation. This Sublease shall terminate in the event that the governing
body of Sublessee shall fail to appropriate sufficient funds to satisfy any obligation of
Sublessee 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. Sublessor reserves the right to enter upon the Premises at all
reasonable times for the purpose of inspecting the Subleased Premises, provided that such entry does
not conflict with Sublessee's rights hereunder.
SECTION 10. Surrender of Subleased Premises. Upon the termination of this Sublease for any
reason whatsoever, Sublessee shall surrender possession of the Subleased Premises in the same
condition as the Subleased Premises were in upon delivery of possession under the Sublease,
reasonable wear and tear excepted. Sublessee also shall surrender all keys for the Subleased Premises
to Sublessor at the place then fixed for the payment for rent and shall inform Sublessor of all
combinations on locks, safes, and vaults, if any, on the Subleased Premises. Sublessee shall remove
all its furniture and equipment on or before the termination of the Sublease; and Sublessee shall be
responsible for repairing any damage to the Subleased Premises caused by the removal of furniture
and equipment.
SECTION 11. Governmental Regulations. Sublessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
of the Subleased Premises. Provided, however, Sublessor (i) shall make all improvements necessary
to make the Subleased Premises comply with the Americans With Disabilities Act of 1990 ("ADA"),
42 U.S.C. § 12101 et seq., AND SHALL FULLY INDEMNIFY AND HOLD HARMLESS
SUBLESSEE 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 SUBLEASED
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 SUBLEASED PREMISES.
SECTION 12. Acceptance of Subleased Premises. Sublessee represents that it takes the Subleased
Premises in good condition and that the Subleased Premises are suitable for the purposes for which
they are being subleased.
SECTION 13. Assignment. Sublessee shall not assign or sublet this Sublease without the prior
written approval of Sublessor. Upon issuance of such approval, this Sublease shall be binding on the
successors, and lawful assignees of Sublessor and the successors of Sublessee, 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 Subleased Premises without a lawful assignment or Subsublease shall
be subject to all the responsibilities and liabilities of Sublessee and shall be subject to all provisions
regarding termination and eviction.
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City of Fort Worth Sublease Page 3
SECTION 14. Police Protection. Sublessor agrees and understands that Sublessee in no way
promises to provide increased police protection or more rapid emergency response time because
of this Sublease. No special relationship shall exist between Sublessor or Sublessee other than
that of landlord and tenant. Sublessee shall provide no greater police protection to Sublessor
than is provided to all other residents and businesses of the City of Fort Worth.
SECTION 15. Notices. Notices required to be made under this agreement shall be sent to the
following persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such change:
All notices to Sublessor shall be sent to:
Texas Christian University
P.O. Box 297041
Fort Worth,Texas 76129
All notices to Sublessee shall be sent to:
Fort Worth Police Department
Administrator, Fiscal and Equipment Management
350 West Belknap Street
Fort Worth, Texas 76102
As well as to:
Administrator, Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
All time periods related to any notice requirements specified in the Sublease shall commence upon
the terms specified in the section requiring the notice.
SECTION 16. Entire Agreement. This Sublease shall constitute the entire agreement of the
Sublessor and Sublessee, and shall supersede any prior agreements, either oral or written, pertaining
to the Subleased Premises.
SECTION 17. Waivers. One or more waivers of any covenant, term, or condition of the Sublease
by either Sublessor or Sublessee shall not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition. The consent or approval by either Sublessor or Sublessee to or of any
act by the other party requiring such consent or approval shall not be deemed a waiver or render
unnecessary consent to or approval of any subsequent similar act.
SECTION 18. Choice of Law and Venue. This Sublease 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 Sublease or for any breach shall be in Tarrant County, Texas.
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SECTION 19. Sublease. Sublessee acknowledges that this is a Sublease only, and if the Sublessor's
rights in the Sublease are terminated for any reason whatsoever, then Sublessee shall immediately
vacate the Subleased Premises as if such date were the ordinary date of termination of this Sublease,
and Sublessor shall have no liability to Sublessee for any damages or expenses incurred by Sublessee
thereby. Sublessee acknowledges it has received a copy of that certain lease dated 2-25-97 between
Sublessor and George Nikolopoulos, herein referred to as the "Original Lease" and agrees that this
Sublease is subordinate and subject to the Original Lease in all respects. Sublessee agrees to abide by
all terms and conditions thereto which control Sublessee's use and occupancy of the Subleased
Premises, but otherwise Sublessee shall only be responsible for the performance of its duties as
provided herein.
SIGNED this day of , 20� .
SUBLESSOR: Texas Christian University SUBLESSEE: CITY OF FORT WORTH
By: By:
Joe gua, Assist t ty Manager
Name: Uto L. AFCA-ft,4fS4-4ti
APPROVE S TO FORM AND LEGALITY:
Title: Vice Chancellor for Finance&Administration
Assistant Ci Attorney
ATTEST:
Ate , ity ecretary
M & C Number : C ' �
Date: _
Contract Number: C `�
City of Fort Worth Sublease Page 5 f i r! i yS
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 C-AIU L rJ (-AYIVPA R,w , 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 &IXA L -^J APB E,e.L-; and that he/she executed the same
as the act of said i?�ts C4*W 1-7,+,- A* L for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ut 7GU day of
20-0.
NAary Public in and for the State of Texas
``tl111141
CAROL L. DERAMUS
3•°' Notary Public,State of Texas
' My Commission Expires
August 26, 2007
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City ofFort Worth Sublease Page 61
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
G , 200
.'o`"PYROSELLA BARNES
2r o NOTARY PUBLIC
*t i* State of Texas
�9�„..•riPr' ti
'�of Comm. Exp. 03-31-2005
• I Notary Public in and for the State of Texas
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City of Fort Worth Sublease Page 7 � � =''
EXHIBIT A
Legal Description:
Lot: 11-14
Block: 12
Addition: Forest Park
As recorded in:
Volume Page , Deed Records, Tarrant County, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/4/2004
DATE: Tuesday, May 04, 2004
LOG NAME: 35BERRY REFERENCE NO.: **C-20053
SUBJECT:
Execution of Sub-Lease Agreement with Texas Christian University for Office Space Located at
2900 West Berry Street for the Police Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a Sub-Lease Agreement with Texas Christian University for
approximately 1,600 square feet of office space located at 2900 West Berry Street, at a cost of $1.00 per
year; and
2. Authorize the agreement to begin March 1, 2004, and expire February 29, 2005.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department, has
negotiated a Sub-Lease Agreement for office space to be used as a police storefront.
The lease term is for one year. There is a rental charge of $1.00 per year for the space. The City of Fort
Worth is responsible for telephone and utility payments, with the exception of natural gas and water
charges. The City has sub-leased this space since June 20, 1997.
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 $1.00
Submitted for City Manager's Office b1c Joe Paniagua (6140)
Originating_Department Head: Ralph Mendoza (48386)
Additional Information Contact: Ralph Mendoza (48386)
Loename: 35BERRY PaaP 1 of 1