HomeMy WebLinkAboutContract 27974 LEASE AGREEMENT
STATE OF TEXAS § CONTRACTCITY RETARY
COUNTY OF TARRANT §
This lease agreement (Lease) is made and entered into this, the I-"-\ day of
2002 the effective date hereof, at Fort Worth, Texas by and between
Colorado Magnolia, L.P. (Lessor), and the City of Fort Worth, a municipal corporation, acting by and
through its duly authorized representative Libby Watson (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 5208 square feet, located at 1000 W. Magnolia Avenue, �Foort
Worth, Texas, 76104.
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 a part
hereof.
SECTION 2. Use of premises. The leased premises shall be used as office space for the Fort Worth
Police Department, including off-duty police officers.
SECTION 3. Term and Rent. This lease shall be for a period of one year commencing on
September 1, 2002, and terminating on August 31, 2003, 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$52,800 per year, payable in monthly installments of$4,400. 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.
This Lease may be renewed for successive terms of 12 months each for up to a maximum of
four 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 the United States mail, postage prepaid, addressed to Lessor.
The terms of this Lease shall continue to govern and control the relationship of the parties during any
renewal periods.
SECTION 4. Taxes, Insurance,Utilities, Care of the of the Leased Premises. Lessee agrees to be
responsible for the payment of all electricity, natural gas, telephone charges, and for 38% of all
insurance premiums and 38% of all property taxes assessed on the prorT
a leased
City of Fort Worth Lease Page 1 MM
premises are located and that come due and payable during the term Lessee occupies the Leased
Premises. Lessor agrees to be responsible for all water charges that come due and payable during the
term Lessee occupies the leased premises. Lessor agrees to pay all taxes and insurance as they come
due. Lessor shall keep the Leased Premises in good, clean and habitable condition, normal wear and
tear excepted.
Lessor shall maintain in good repair the roof, foundation, exterior walls, heating, air
conditioning, electrical, plumbing, and interior painting or other treatment of interior walls of the
Leased Premises. Lessee agrees to give Lessor written notice of defects or need for repairs in the
roof, foundation, exterior walls, heating, air conditioning, electrical, and plumbing of the Leased
Premises. If any repairs required to be made by Lessor are not commenced or made within seven
calendar days after written notice is delivered to Lessor by Lessee, Lessee may terminate the Lease.
Lessor shall complete the exterior renovation of the building, including reconditioning and
painting all exterior trim, replace four large windows on the east side of the Leased Premises with
insulated dual-pane windows, install four ceiling fans with individual switches in the Leased Premises
and patch, seal and re-stripe the parking lot.
SECTION 5. Insurance. Lessor agrees to insure the structure and premises of 1000 W. Magnolia
Avenue, Fort Worth, Tarrant County, Texas 76104. Such insurance shall provide protection for
liability, fire and casualty, and property damage for the property owned by the Lessor, situated at, and
including, the Leased Premises. Verification of this coverage shall be provided to Lessee prior to the
execution of this contract. Lessee assumes no liability for the acquisition or
maintenance of such insurance; all costs incurred during the course of insuring the premises shall be
borne solely by the Lessor.
SECTION 6. Liability and Hold Harmless. Lessor covenants and agrees to release, indemnify,
hold harmless and defend Lessee, its officers, agents, servants, and employees, from and against any
and all claims or suits for property damage, personal injury, or any other type of loss or adverse
consequence related in any way to the existence of this lease or the use or occupancy of the Leased
Premises, regardless of whether the act or omission complained of results from the alleged negligence
or any other act or omission of Lessor, Lessee, or any third party. Lessor shall likewise release,
indemnify, hold harmless and defend Lessee from and against any and all claims or suits related in
any way to any damage to, or defects in, the Leased Premises or any other adverse consequences
related to the Leased Premises, regardless of whether the act of omission complained of results from
the alleged negligence or any other act or omission of Lessor, Lessee, or any third party.
SECTION 7. Fixtures. Lessor herein agrees that no property or equipment, owned or installed by
Lessee, or any representative of Lessee, shall, under any circumstances, become a fixture, and that
Lessee shall reserve the right to remove any and all such property or equipment at any time during the
term of this lease, or subsequent to its termination by either party. Lessor further agrees that she/he
will, at no time, hold or retain, any property owned or installed by Lessee, for any reason whatsoever.
SECTION 8. Termination and Right of Inspection. 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
City of Fort Worth Lease Page 2
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 unrelated to
Lessor's default or breach of any of the terms expressed herein 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 Lessee elects to terminate the Lease because of any alleged default or breach by Lessor of
any Lease provisions, Lessee shall be required to give Lessor immediate notice in writing of that
intention stating specifically the reasons therefor and allowing Lessor seven calendar days after the
date of Lessor's receipt of the notice to cure any or all defaults(s) or breach(es) specified in the notice.
If the specified defaults or breach(es) of Lessor are not cured to the satisfaction of Lessee's
Administrator of Real Property Management, the Lease will be terminated.
If this Lease is terminated under this section, or as a result of the expiration of the Lease term
or any renewal period, neither party shall have any further obligation or liability to the other under
this Lease, except that Lessor and Lessee shall be liable for the breach of term covenant or condition
contained in this Lease occurring prior to the date of the surrender of the Leased Premises by Lessee
pursuant to the termination. Lessor and Lessee shall be bound by the terms, covenants and conditions
expressed herein until Lessee surrenders the Leased Premises, regardless of whether the date of
surrender coincides with the date of termination of the Lease.
Lessor reserves the right to enter upon the Premises at all reasonable times for the purpose of
inspecting the Leased Premises, provided that such entry does not conflict with Lessee's rights
hereunder.
SECTION 9. Funding, Non-Appropriation and Termination. 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 10. Surrender of Leased Premises. Upon the termination of this Lease for any reason
whatsoever, Lessee shall surrender possession of the Leased Premises in the same condition as the
Leased Premises were in upon delivery of possession under the Lease, reasonable wear and tear
excepted. Lessee also shall surrender all keys for the Leased Premises to Lessor at the place then
fixed for the payment for rent and shall inform Lessor of all combinations on locks, safes, and vaults,
if any, on the Leased Premises. Lessee shall remove all its furniture and equipment on or before the
termination of the Lease; and Lessee shall be responsible for repairing any damage to the Leased
Premises caused by the removal of furniture and equipment.
SECTION 11. Governmental Regulations. Lessee agrees to comply fully with all applicable
Federal, state, and municipal laws, statutes, ordinances, codes, or regulations in connection with use
City of Fort Worth Lease Page 3
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 seq., 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 12. Acceptance of Leased Premises. Lessee represents that it takes the Leased
Premises in good condition and that the Leased Premises are suitable for the purposes for which they
are being leased.
SECTION 13. Assignment. Lessee shall not assign or sublet this Lease without the prior written
approval of Lessor. Upon issuance of such approval, this Lease shall be binding on the successors,
and lawful assignees of Lessor and the successors of Lessee, as permitted by the terms of this
agreement and by the laws of the State of Texas and the United States. Any person or entity using or
occupying the Leased Premises without a lawful assignment or sublease shall be subject to all the
responsibilities and liabilities of Lessee and shall be subject to all provisions regarding termination
and eviction.
SECTION 14. Police Protection. Lessor agrees and understands that Lessee in no way promises to
provide increased police protection or more rapid 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 residents and
businesses of the City of Fort Worth.
SECTION 15. Notices. Notices required to be made under this agreement shall be sent to the
following persons at the following addresses, provided, however, that each party reserves the right to
change its designated person for notice, upon written notice to the other party of such change:
All notices to Lessor shall be sent to:
Colorado Magnolia, L.P.
4019 Cedarbrush Drive
Dallas, TX 75229-2803
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:
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Administrator, Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
All time periods related to any notice requirements specified in the Lease shall commence upon the
terms specified in the section requiring the notice.
SECTION 16. Entire Agreement. This Lease shall constitute the entire agreement of the Lessor
and Lessee, and shall supersede any prior agreements, either oral or written, pertaining to the Leased
Premises.
SECTION 17. Waivers. One or more waivers of any covenant, term, or condition of the Lease by
either Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition or any other covenant, term or condition of the Lease. The consent or
approval by either Lessor or Lessee to or of any act by the other party requiring such consent or
approval shall not be deemed a waiver or render unnecessary consent to or approval of any
subsequent similar act.
SECTION 18. 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 19. Parking. Lessee shall have access to parking lot located on the west side of Leased
Premises.
City of Fort Worth Lease Page 5
SIGNED this 1_ _day of 20 OZ
�1� ,
LESSOR: Colorado Magna, L.P. LESSE CITY OF FORT WORTH
By: B
Christian G. Waller ibby Oatson, sistant City Manager
Title: < G �� A ST:
r4l/,Alia-��Oa
City Se tary
APPROVED S TO FORM AND LEGALITY:
City Atto y, or His Designee
Date:
/-- 13397
Contract Authorization
9�02.
Date
City of Fort Worth Lease Page 6 800
CU��[C
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigWib�JVA'
nerinuthority, alloWoi&— ' known
tary Public in and for the State of Texas,
on this day personally appeared to me to be the
same person whose name is
subscribed to�ythe
/foregoi
ng instrument, and acknowledged to me that
the same was the act of �/1�VY l 1 I1� that he/she executed the same
as the act of said A �1 for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ Iq day of
20
Notary Public in and for the State of Texas
REBECCA L, RiJSSELI.
NOTARY PUHLIC
STATE oc TeM,e
, My Comm.ExP.U5-26-2003
City of Fon Worth Lease Page 7
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Libby Watson, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Libby
Watson and that she executed the same as the act of said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this l07� day of
20,V2
,2o ROSELLA BARNES
NOTARY PUBLIC
LP v/Wl�!.0 j State of Texas
�:�oF � Comm. Exp.03-31-2005
Notary Public in and for the State of Texas
City of Fort Worth Lease Page 8
Exhibit "A"
Legal Description:
Lot: 13-R & 14-R
Block: 3
Addition: McNulty & Nesbitt
As recorded in Cabinet B, Slide 880, Plat Records, Tarrant County, Texas
City of Fort Worth Lease Page 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/3/02 **L-13397 I 35COLORADO 1 of 1
SUBJECT EXECUTION OF LEASE AGREEMENT WITH COLORADO MAGNOLIA, L.P. FOR
OFFICE SPACE LOCATED AT 1000 MAGNOLIA AVENUE FOR THE POLICE
DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a lease agreement with Colorado Magnolia, L.P. for
approximately 5,208 square feet of office space located at 1000 Magnolia Avenue, Suites C and D,
for a cost of$52,800 per year; and
2. Authorize the agreement to begin September 1, 2002, and expire August 31, 2003, with four
additional one-year options to renew.
DISCUSSION:
The Engineering Department, Real Property Services Division, at the request of the Police Department,
has negotiated the lease of office space to be used as a Neighborhood Policing District headquarters.
The term of this lease is for one year, with four one-year options to renew. There is a rental charge of
$4,400 per month for the office space, which is an increase of $400 per month. This lease will also
include payment to the landlord of 38% of all insurance premiums and property taxes assessed yearly
during the term of the lease. All utilities, with the exception of water and telephone service, are to be
paid by the City. The City has leased this office space since September 1, 1996.
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.
LW:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 48386 (from) APPROVED 09/03/02
GR79 539120 0355101 $52,800.00
Additional Information Contact:
Ralph Mendoza 48386