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HomeMy WebLinkAboutContract 26128 CITY SECRETARY CONTRACT NO. AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This lease agreement made and entered into by and between the Fort Worth Independent School District, hereinafter referred to as the "District," acting herein by and through its duly authorized President of the Board of Education, Gary J. Manny, and the City of Fort Worth, a municipal corporation, hereinafter referred to as "City," acting herein by and through its duly authorized Assistant City Manager, Libby Watson. WITNESSETH: District hereby leases to City the building known as the Old Thomas Place School building, located at 4150 Lafayette Street in the City of Fort Worth, Tarrant County, Texas, and a certain tract of land for the use and maintenance of same as a public recreational facility, said lease sites being more specifically described and illustrated in Exhibits "A and B," attached hereto and made part hereof for all purposes. This lease agreement shall be subject to the following terms and conditions. 1. This lease shall be for a term of five (5) years beginning on the ls` day of February 2000 and ending on the 31S` day of January 2005. City shall have the option to renew this lease for an additional five (5) year term under the same terms and conditions, as herein stated. City shall give notice of its intent to exercise such option to renew, if at all possible, ninety (90) days prior to the initial term thereof. Failure to timely give said notice shall, at the District's option cause the lease to terminate at the end of its initial term. 2. For and in consideration of the right to use and occupy the demised premises, City agrees to pay District an annual rental amount not to exceed the sum of One Thousand Two Hundred and No/100 Dollars ($1,200.00) or a total rental amount of Six Thousand and No/100 Dollars ($6,000) for the initial term. Said total rental amount shall be paid in installments as follows: Eight Hundred and No/100 Dollars ($800.00) shall be due and payable on or before the first day of July 2000 for the period February 1, 2000, through September 30, 2000; One Thousand Two Hundred and No/100 Dollars shall be due and payable on or before the first day of October 2000, 2001, 2002 and 2003 for the periods from October 1, 2000, 2001, 2002, and 2003 respectively; and Four Hundred and No/100 Dollars shall be due and payable on or before the first day of October 2004 for the period beginning October 1, 2004, and ending January 31, 2005. 3. As additional consideration for the making of this lease, the Lessee will construct at its expense such recreational facilities and parking areas as the Fort Worth City Council may hereafter authorize and determine and the Lessor hereby grants its consent for the construction of same. It is understood and agreed that the nature and extent of the recreational facilities and parking areas now or hereafter to be constructed by the Lessee on the demised premises shall be within the discretion of the Lessee. 4. The primary term of this license agreement shall be for a period of five (5) years commencing on February 1, 2000, and terminating January 31, 2005, with one, five-year renewal option by mutual agreement. 5. The City shall use the demised premises solely for the purpose of public recreation and for no other purpose. 6. City shall be required to obtain formal written approval of District to make major improvements to the demised premises. Major improvements shall include, but not exclusively: addition of rooms, and/or removing main walls. City shall not be required to obtain formal written approval of District to make minor improvements to the demised premises. Minor improvements shall include, but not exclusively: removal of non-load bearing partitions, removal or addition of carpeting, painting, addition of lighting, addition of cabinet space and/or addition of a small kitchen. 7. City hereby agrees to pay all costs of maintenance and utilities for the demised premises. City shall be responsible for any damage which may occur to the demised premises as a result of fire, windstorm, hail and water, and during the term hereof City shall provide and keep in force adequate insurance coverage for such hazards. 8. City agrees to properly maintain the demised premises, together with all furniture, fixtures and equipment located therein. Upon termination of the lease agreement, City shall deliver up the demised premises in good order and condition, normal wear and tear accepted. M 9. Lessee covenants and agrees that it will not make or suffer any waste, unlawful, improper or offensive use of the demised premises or any part thereof, and Lessee shall comply with all ordinances and regulations of the City of Fort Worth and with the laws of the State of Texas and of the United States of America applicable to the use of said, demised premises. 10. This agreement may be cancelled by either party upon thirty (30) days written notice of such intent to cancel. 11. It is understood and agreed that District is not involved as a party to any activities that may be carried on by City on the demised premises. City agrees to hold District harmless from any and all claims for personal injury or damage or loss of property that might be incurred by City as a result of such activities. 12. Neither party hereto shall assign or sublease its privileges, rights or duties hereunder without written permission of the other party. 13. The laws of the State of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County, Texas. WITNESS WH F the said parties hereto have executed this agreement on this /S day of A.D. 20 O in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL _ DISTRIC Y• B -/ Libby Watson, Gary J. Manny, President Assistant City Manager Board of Education FDNC OND Z VED AS TO FORM ATTEST: OV "CA4,rl� City Att ey Secretary DATE: O /I I`OD ATT ST: L ity Secretary -/(P-� L— /,?, Contract Authorization Date � p Gp U, VPEC00 GSD 4a UV '�rl�'vy STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, Assistant City Manager, of City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that she executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this l�—`day of , 2000. ---------------------- ROSELLA BARNES Notary NOTARY PUBLIC; Nota Public in and for the State of Texas State of Texas 00�+r Comm. Exp. 03-31-2001 My Commission Expires: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Gary J. Manny, President of the Board of Education for the Fort Worth Independent School District, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Fort Worth Independent School District, and that he executed the same as the act and deed of the Fort Worth Independent School District, a political subdivision, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this Y& day , 2000. �'"J� ,—c—5 2 g ,,, Notary Public in and for the State of Texas My Commission Expires: tippy PUB PEARLE E. SAPP Notary Public t STATE OF TEXAS OI M VM 5 s grfor My Comm.Exp.07/27/00 J• EXHIBIT "A" THOMAS PLACE SCHOOL FIELD NOTES FOR LEASE A parcel of land out of Blocks 20 and 24 , Hillcrest Addition, an addition to the City of Fort Worth comprising approximately . 31 acres and more particularly described as follows : BEGINNING at a point approximately 131 feet east of the northwest corner of Lot 1, Block 20 where the west edge of a concrete walk existing west of the brick Thomas Place School Building inter- sects with the north line of said Block 20 ; THENCE : Southerly along the west edge of said concrete walk to the intersection of the southerly edge of said concrete walk which borders said brick building; THENCE: Easterly along the south edge of said concrete walk, to the intersection of the east edge of said concrete walk which borders said brick building; THENCE: Northerly, with the east edge of said concrete walk to the intersecting point with the north line of said Block 24 ; THENCE : Westerly along the north line of said Block 24 and continuing westerly along the north line of said Block 20 to the place of beginning. s LAFAYETTE AVETi ----- SCHOOL – ' ., 1 •'=-- ��,4:k �r-.�J� ---'- 111 t1 1 'f^ Y 1 r A 1 -• ..1 O 1 -[i - p 1 r 1 e Y 1 J r / Q - ltl , --. 2 —. _ o n r n u o ,t r J F T.1x ;%1C AVE i :507 -6- , Thomas Place , Field Notes For Lease A parcel of land out of Blocks 20 and 24, Hill Crest Addition, an addition to the City of Fort Worth, and more particularly described as follows: Beginning at the northwest corner of Lot 7, Block 20, Bill Crest Addition; Thence: -' ::ortherly, with the westerly line of Lots 6,5,4,3,2, and 1, EilocK 20, Hill ''Crest Addition, to the northwest corner of said Lot 1; ',Thence: Easterly, with the northerly line of said Block 20, to the west edge of an existing concrete walk which borders an existing brick building; Thence: Southerly, with teh west edge of said concrete walk, to the inter- section of the southerly edge of said concrete walk which borders said brick building; Thence: 'Easterly, with the south edge of said co,icrete walk, to the inter- section of the-.east edge of said concrete walk which borders said brick buildin- Thence: Northerly, with the east edge of said concrete walk to a point in the north line of said Block24; Thence: Easterly, with the north line of said Block 24, to the northeast corner of Lot 24, Block 24, Hill Crest Addition; Thence: Southerly, with the east line of Lots 24,23,22,21,20, and 19, Block 24, Hill 'Crest Addition, to the northeast corner of Lot 16, Block 24, Hill Cres= Addition; Thence: Westerly, with the north line of said Lot 16, Block 24, and the north line of Lot 7, Block20, frill Crest Addition, to the place of beginning. -7- v O PM Y qov U VIVI O ran a n x lk . ilk A • ( —_ti..-._�I• �-__ -:f __ )V-7%\ oQ 37-7.3F7 r-- - a _ - _y• .. A • h w O M Y A M 4 y Is N I•. � T N 1 �� Vu-g77� x( 00 BDVI '� ($OD b'!NIJ2llrl ' "—�- 1. _r_ �tJ �:•Y'"S, "v' Nl I n p i , m ^ w r V F •I Ii O ~ 1 Y ti l �oa 3'3110 7D 2ooa 1 �. �I< A `•► M u F .. _ _ i O _ ' r� j i .I• .. •r, ol 1 � iI i • � I. � •� I r. iQ 4. Malj � .L L �} I• J 1 I � I ' ••V i i I i` '3J Z SbL✓O SVWOyt j z rOv rk U 'L S -�771H 1 V t t ' -8- V �D , '' rra City of Fort Worth, Texas "Anon and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 5/16/00 L-12796 80THOMAS 1 of 2 SUBJECT LEASE OF THOMAS PLACE PARK AND FACILITY FROM THE FORT WORTH INDEPENDENT SCHOOL DISTRICT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Fort Worth Independent School District to lease the Thomas Place Community Center and Park for a five year period at a cost of$1,200 per year. DISCUSSION: On November 27, 1990 (M&C C-12624), the City Council authorized City Secretary Contract (No. 18195) leasing the Thomas Place Recreation Center from the Fort Worth Independent School District. This agreement was for an initial 5-year period with a rental rate of $3,600 per year beginning on February 1, 1991. A five year renewal option was exercised, bringing the ending date of this agreement to January 31, 2000. On May 23, 1978, the City Council approved a separate agreement with the Fort Worth Independent School District to lease Thomas Place Park. The initial lease agreement, City Secretary Contract (No. 10316), was for a 20-year period beginning on February 15, 1979, and terminating February 14, 1999. The building, formerly known as the old Thomas Place School, is located at 4237 Lafayette Street. The Park is a 2.37 acre tract adjacent to the neighborhood Community Center. The facility and park provide a wide variety of community and recreational services to a large and diverse population living within the area. The Fort Worth Independent School District has agreed to lease the building and land for the existing Community Center and Park to the City for 5 years with one, 5-year renewal option. The District has also agreed that the park area may be combined with the recreational facility lease at a total cost of $1,200 per year. On February 8, 2000, the Board of Education for the Fort Worth Independent School District, approved the lease of the land and building to the City of Fort Worth. On March 21, 2000, the Parks and Community Services Advisory Board endorsed this agreement. This project is located in COUNCIL DISTRICT 7. Q4 H 6 . City of Fort Worth, Texas "floor And coun"R Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/16/00 L-12796 1 80THOMAS 2 of 2 SUBJECT LEASE OF THOMAS PLACE PARK AND FACILITY FROM THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. LW:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVED CITY COUNCIL Originating Department Head: Richard Zavala 5704 (from) MAY 16 2000 GG01 537010 0807029 $1,200.00 Additional Information Contact: �f C+h SeCratar�of t)1e City of Fort Wortl�,'I1eYas Richard Zavala 5704