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HomeMy WebLinkAboutContract 46638 CITY SECRETARY 3 CONTRACT NO. — LEASE AGREEMENT This lease agreement ("Lease") is made and entered into this, the 1" day of April, 2015 ("Effective Date"), by and between Fort Worth Independent School District ("Lessor"), and the City of Fort Worth, a Texas municipal corporation, acting by and through its duly authorized Assistant City Manager, ("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 located at 6701 Shelton Street, also known as Tracts A & B 1, High School Subdivision, Fort Worth, Texas 76107. 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 Exhibit "A", attached hereto and made part hereof for all purposes. SECTION 2. Use of Premises. The Leased Premises shall be used as office space for the City of Fort Worth Police Department, including off-duty Police Officers, primarily during hours of operation of Eastern Hills Senior High School. SECTION 3. Term. (a) This Lease shall be for a period of 2 years months commencing on April 1, 2015 and terminating on March 31, 2017 ("Initial Term"), unless a prior termination is effected by either Lessor or Lessee under the termination provisions of this Lease. (b) This Lease shall automatically renew for up to five (5) successive terms of twelve (12) months each, up to a maximum of five successive renewal terms, unless either party notifies the other party in writing of its intent to terminate the Lease on or before 30 days prior to the expiration of the Lease or any extension. The terms of this Lease shall continue to govern and control the relationship of the parties during any extensions or holdover by Lessee. SECTION 4. Rent. (a) Lessee shall pay Lessor rent in the amount of $1.00 per year. All rental payments shall be payable to Lessor at the location of notice set forth in Section 15 of this Lease. The rental rn payment shall be made to the Lessor on the first day of the Initial Term and each year thereafter rn or can be paid by Lessee all at once at the beginning of the Initial Term. G rn C) SECTION 5. Taxes, Insurance, Utilities. m (a) Lessor agrees to be responsible for the payment of all electricity, natural gas, or other utility charges that come due and payable during the term Lessee occupies the Leased Premises. Lessor agrees that Lessor will pay for water for the Premises, provided usage is within normal amounts. Additionally, Lessor agrees to pay all taxes and insurance as they come due. EA (b) Lessee will be responsible for telephone installation and monthly charges. OFFICIAL RECORD City of Fort Worth Lease Page 1 CITg gECRE7ARV FT-WORTH,TX -.--- SECTION 6. Maintenance. (a) Lessee shall keep the Leased Premises in a good, clean and habitable condition, normal wear and tear excepted. (b) Lessor shall maintain in good repair the roof, foundation, and exterior walls of the Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the roof, foundation, and exterior walls of the Leased Premises. If any repairs required to be made by Lessor are not commenced or made within seven calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease. SECTION 7. Insurance. Lessor agrees to insure the Leased Premises. 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 Lease. Lessee assumes no liability or financial obligation for the acquisition or maintenance of such insurance; all costs incurred during the course of insuring the Leased Premises shall be borne solely by the Lessor. Lessee 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 Lessee would ultimately be found liable would be paid directly and primarily by Lessee and not by a commercial insurance company. SECTION 8. Liability and Hold Harmless. TO THE EXTENT PERMITTED BY LAW, LESSOR COVENANTS AND AGREES TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND LESSEE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF THIS LEASE OR THE USE OR OCCUPANCY OF THE LEASED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF LESSOR, LESSEE, OR ANY THIRD PARTY. SECTION 9. Fixtures. Lessor herein agrees that no property or equipment, owned or installed by Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that Lessee shall reserve the right to remove any and all such property or equipment at any time during the term of this Lease, or subsequent to its termination by either party. Lessor further agrees that Lessor will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever. SECTION 10. Default, Termination, Funding and Non-Appropriation. (a) Lessee Default. A default by Lessee shall exist if Lessee fails to pay rent within thirty (30) days after written notice from Lessor that rent is due hereunder. Upon a default by Lessee, Lessor, as its sole remedy, may terminate this Lease and Lessor shall have the right to collect the past due rent from Lessee. City of Fort Worth Lease Page 2 (b) Lessor Default. If Lessor defaults in the performance or observance of any covenant or agreement of this Lease, which default is not cured within 7 days after the giving of notice thereof by Lessee, then Lessee may, at Lessee's option, either (i) terminate this Lease or (ii) cure the Lessor's default. The cost of the cure of a Lessor's default by Lessee pursuant to this Section 10(b) shall be payable by Lessor to Lessee within 7 days after written demand therefor by Lessee, or, at Lessee's option, such costs may be applied as a credit to future rent. Such costs must be actually and reasonably incurred and must not exceed the scope of the Lessor's default. Such costs must be reasonably documented and copies of such documentation shall be delivered to Lessor with the written demand for reimbursement. Nothing contained in this Section 10(b) shall create or imply the existence of any obligation by Lessee to cure any Lessor default. (c) Termination. Lessee and Lessor shall have the right to terminate this Lease at any time for any reason by giving the other party 30 days' written notice prior to the intended termination date. The notice shall be deemed effective when deposited in United States mail postage prepaid, certified mail, return receipt requested. 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. (a) 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 11. Right of Inspection. Lessor reserves the right to enter upon the Leased 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. Notwithstanding the above, given the sensitive nature of materials handled by the Fort Worth Police Department ("FWPD"), Lessor and all others having access pursuant to this Section 1 I to any portion of the Leased Premises used by the FWPD shall not enter that portion of the Leased Premises unless accompanied by a representative of Lessee. Lessee shall make a representative available immediately upon request of Lessor. SECTION 12. Surrender of Leased Premises. Upon the termination of this Lease for any reason whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession under the Lease, reasonable wear and tear excepted. Lessee also shall surrender all keys for the Leased Premises to Lessor at the place then fixed for the payment for rent and shall inform Lessor of all combinations on locks, safes, and vaults, if any, on the Leased Premises. Lessee shall remove all its furniture and equipment on or before the termination of the Lease; and Lessee shall be responsible for repairing any damage to the Leased Premises caused by the removal of furniture and equipment. Additionally, if Lessee modifies the Premises with alterations, additions, or improvements made or installed by Lessee, Lessor, upon the City of Fort Worth Lease Page 3 termination of this Lease, shall have the right to demand that Lessee remove some or all of such alterations, additions, or improvements made by Lessee, provided, however, if Lessor gave prior approval of such alterations, additions, or improvements, Lessee shall not be required to perform any removal thereof. SECTION 13. Acceptance of Leased Premises. Lessee acknowledges that Lessee has fully inspected the Leased Premises, and on the basis of such inspection Lessee hereby accepts the Leased Premises as suitable for the purposes for which the same are leased. In the event any presently installed plumbing,plumbing fixtures, electrical wiring, lighting fixtures,or HVAC equipment are not in good working condition on the commencement date of this Lease, Lessor agrees to repair promptly any such defects of which Lessee delivers written notice to Lessor within thirty days after the commencement date of this Lease. 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. 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: Fort Worth Independent School District 100 North University Fort Worth, Texas 76107 Attn: Superintendent All notices to Lessee shall be sent to: Fort Worth Police Department 350 West Belknap Street Fort Worth, Texas 76102 Attn: Police Chief City of Fort Worth Real Property Services 1000 Throckmorton Street Fort Worth, Texas 76102 City of Fort Worth City Attorney's Office City of Fort Worth Lease Page 4 1000 Throckmorton Fort Worth, Texas 76102 Attn: City Attorney All time periods related to any notice requirements specified in the Lease shall commence upon the terms specified in the section requiring the notice. The notice shall be deemed effective when deposited in United States mail postage prepaid, certified mail, return receipt requested, addressed to the other party as set forth above. SECTION 16. Subordination to Mortgages. Lessee accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or hereafter affecting the Leased Premises, and to renewals, modifications, refinancings and extensions thereof and if, but only if, each holder of any mortgage, deed of trust, ground lease or other lien subsequently affecting the Leased Premises has executed and delivered to Lessee a SNDA (hereinafter defined), then to any mortgage(s), deed(s) of trust, ground lease(s) and other lien(s) subsequently affecting the Leased Premises, and to renewals, modifications, refinancings and extension thereof (collectively, a "Mortgage"). The party having the benefit of a Mortgage shall be referred to as a "Mortgagee." This clause shall be self-operative, but upon request from a Mortgagee, Lessee shall execute a commercially reasonable SNDA in favor of the Mortgagee. If requested by a successor-in-interest to all or part of Lessor's interest in this Lease, Lessee shall, without charge, attorn to the successor-in- interest if, but only if, such successor-in-interest has executed a SNDA or other agreement whereby such successor in interest has agreed not to disturb or interfere with Lessee's possession of the Leased Premises (subject to the terms and conditions of this Lease) for so long as Lessee is not in default under this Lease beyond any applicable notice and cure period. Lessor represents and warrants to Lessee that as of the date of this Lease there is no Mortgage filed against the Leased Premises. Prior to permitting a Mortgagee to obtain a Mortgage on the Property, Lessor will use commercially reasonable efforts to cause such Mortgagee to execute a Subordination, Non-disturbance and Attornment Agreement ("SNDA") in form and substance reasonably satisfactory to Lessor, Lessee and the Mortgagee. The SNDA, among other things, shall provide that in the event a Mortgagee forecloses on the Leased Premises or otherwise enforces its right to divest Lessor of its fee simple interest in the Leased Premises, then such Mortgagee will not disturb Lessee's use and enjoyment of the Leased Premises for so long as Lessee is not in default under this Lease beyond any applicable notice and cure period. SECTION 17. Compliance to Laws. Lessor, at its expense, shall comply with all environmental, air quality, zoning, planning, building, health, labor, discrimination, fire, safety and other governmental or regulatory laws, ordinances, codes and other requirements applicable to the Leased Premises, including, without limitation, the Americans with Disabilities Act of 1990 (collectively, the "Building Laws"). Prior to Lessee's occupancy, Lessor shall obtain certificates as may be required or customary evidencing compliance with all building codes and permits and approval of full occupancy of the Leased Premises and of all installations therein. Lessor shall cause the Leased Premises to be continuously in compliance with all Building Laws (as they may be amended from time to time). SECTION 18. 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. City of Fort Worth Lease Page 5 SECTION 19. 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 20. 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 21. Brokerage. The parties represent and warrant that neither has dealt with any broker, agent or other person in connection with this leasing. In no event shall Lessee be responsible for any fees charged by any broker, agent or other person. SECTION 22. Eminent Domain. If any part of the Leased Premises is taken by eminent domain, Lessee may either terminate this Lease or continue the Lease in effect. If Lessee elects to continue the Lease, rent will be reduced in proportion to the area of the Leased Premises taken by eminent domain, and Lessor shall repair any damage to the Leased Premises resulting from the taking. Sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee shall be the property of Lessor, except for those sums awarded with respect to claims of Lessee against the condemning authority for moving costs and unamortized cost of leasehold improvements paid for by Lessee. If this Lease is terminated under this Section 22, Lessor shall refund to Lessee any prepaid unaccrued rent less any sum then owing by Lessee to Lessor. SECTION 23. Invalidity of Particular Provisions. If any provision of this Lease is or becomes illegal or unenforceable because of present or future laws or any rule or regulation of any governmental entity, the remaining parts of this Lease will not be affected. SECTION 24. 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 and Lessee other than that of landlord and tenant. Lessee shall provide no greater police protection to Lessor than is provided to all other persons or businesses. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Ciry of Fort Worth Lease Page 6 SIGNED this i day of 120. . LESSO : ORT WORTW INDEPEND NT LESSEE: CITY OF FORT WORTH CHO L TRICT By: By: Fernando Costa Name: Assistant City Manager Titl •�/ r �' APPROVED AS TO FORM AND LEGALITY: MAUI ssistant City Atto y ATTEST: FF®Rl' °°�% w8 � 5�P ° a m� ° it Secr $ � �: °0000 � ���p►$ M & C Number: Date: (7/ �s City of Fort Worth Lease Page 7 EXHIBIT A City of Fort Worth Lease Page 8 EXHIBIT A Legal Description: Lot: Block: Addition: i i City of Fort(forth Lease Page 9 r i {{ a 4c gj o q � .iV4 •i�Yr�.I w.n i _- 1 1 V A i W F ' P7 O O t O 00 'o o W q W h f x fi t o ! ® t Hal III.fI ee 1 3 zmc t o R � w.�rYarrc.rw.en 1 t J $ a 4 w t O IED s I rEIN j I t i _ f 'M&C Review Page 1 of 2 Official site of the City of Fort Worth;Texas CITY COUNCIL AGENDA FORT' COUNCIL ACTION: Approved on 3/24/2015 REFERENCE ** 17NS DATE: 3/24/2015 NO.: C-27240 LOG NAME: RENEWAL6701SHELTON CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of a Lease Agreement with the Fort Worth Independent School District for Office Space Located at 6701 Shelton Street for the Police Department (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Lease Agreement with the Fort Worth Independent School District for office space located at 6701 Shelton Street. DISCUSSION: On June 10, 2008, the City Council approved M&C C-22851 which authorized the execution of a Lease Agreement for space with Fort Worth Independent School District for the Police Department. This space is for police officers, including off-duty officers, primarily during the hours of operation of Eastern Hills Senior High School. The original lease had the option to renew up to five times for terms of one year each. The final option to renew was exercised on April 1, 2014 and will terminate on March 31, 2015. The Police Department wishes to continue the Lease Agreement and must enter into a new contract. The new lease term will be for two years beginning on April 1, 2015 and terminating on March 31, 2017 with five one-year options to renew. The rent will be $1.00 per year. Under the terms of the lease, the landlord will be responsible for payment of all utilities, with the exception of telephone charges. The City has occupied this space since January 2001. RENEWAL OPTIONS - This Agreement may be renewed for up to five successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. This property is located in COUNCIL DISTRICT 4, Mapsco 79D. FISCAL INFORMATION/CERTIFICATION: The Fiscal Year 2015 budget includes appropriations of$30,506.00 in the Crime Control and Prevention District Fund for rental fees for buildings located throughout the City. As of January 27, 2015, $9,516.46 of those appropriations have been expended. Upon approval of this recommendation, the Financial Management Services Director certifies that funds are available within the existing appropriations for this expenditure. TO Fund/Account/Centers FROM Fund/Account/Centers GR79 539120 0359501 $1.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20804&councildate=3/24/2015 3/25/2015 "M&C Review Page 2 of 2 Originating Department Head: Jay Chapa (5804) Cynthia Garcia (8187) Additional Information Contact: Bette Chapman (6125) ATTACHMENTS 6701 SheltonStMap2.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20804&councildate=3/24/2015 3/25/2015