HomeMy WebLinkAboutContract 26205 CITY SECRETARY���OS
CONTRACT NO.
LEASE AGREEMENT
This lease agreement made and entered into by and between the Fort Worth Independent
School District, a legally constituted Independent School District located within Tarrant County,
Texas (hereinafter referred to as the "FWISD") and the City of Fort Worth, a home-rule
municipal corporation of the State of Texas, located within Tarrant and Denton Counties,
(hereinafter referred to as"CITY").
RECITALS
On May 13, 1980, the CITY leased a tract of land from the Fort Worth Independent
School District for use as a park now known as Daggett Park under a twenty-year lease
agreement.
The neighborhood and surrounding area continue to need a neighborhood park to serve
the community. Therefore, the CITY has requested that the FWISD lease to the CITY that
certain tract of land known as Daggett Park under another twenty-year lease in order to continue
the use and maintenance of the same as a public recreational area neighborhood park.
NOW THERFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
AGREEMENT
1. DESCRIPTION. The FWISD hereby leases to CITY a certain tract of land
known as Daggett Park for the use and maintenance of same as a public recreational facility,
said lease site being more specifically described and illustrated in Exhibits "A" and `B,"
attached hereto and made part hereof for all purposes.
2 TERM OF AGREEMENT. This lease agreement shall be for an initial
term of twenty (20)years, commencing on May 8, 2001 and terminating on May 7, 2021 unless
either party hereto pursuant to the termination provisions expressed herein effects prior
termination, and provided that CITY Secretary contract No. 11710 is in full force and effect as
of the commencement date.
CITY shall have the option to renew this lease beyond the initial term for an additional
ten (10) year period. CITY shall give notice to FWISD of its intent to exercise such option to
renew ninety (90) days before the expiration of the initial term. Failure of the CITY to give the
FWISD timely notice of said intent to renew will cause the lease to terminate at the option of the
FWISD, at the end of its initial term.
3. FEE. In consideration of the right to use the demised premises, CITY
agrees to pay FWISD One Dollar and No/100 Cents ($1.00)per annum as lease rental.
The parties agree that all consideration detailed in this Agreement fairly compensates
FWISD for the lease granted by FWISD and FWISD acknowledges receipt and acceptance of
this consideration.
Payment of the annual rental shall be made at the beginning of the lease term at the
administrative office of the Board of Education of the Fort Worth Independent School District,
100 University Drive,NW 140 F, Fort Worth, Tarrant County, Texas.
4. USE OF PREMISES. The premises shall be used for a neighborhood
park and public recreational facility. CITY 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.
This lease is subject to all existing easements for public roads, channels, highways,
public utilities, railroads,pipelines and electrical transmission lines.
5. PREPARATION OF PREMISES. As further consideration herein, the CITY
will construct, at CITY'S own cost and expense, such recreational facilities as the said Fort
Worth City Council may hereafter authorize and the FWISD hereby grants its consent for the
construction of same. It is understood and agreed that the nature and extent of the recreational
facilities, now or hereafter to be constructed by the CITY on the demised premises, shall be
within the discretion of CITY.
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2. R J o cIMP T 1111"
6. IMPROVEMENTS. CITY shall have exclusive right, title and interest
in all structures and improvements constructed on the demised premises by CITY.
7. RULES,REGULATIONS AND OPERATION. The premises shall be
subject to the same rules, regulations and methods of operation as other public parks operated
by the City of Fort Worth Park and Community Service Department for the public benefit. The
CITY 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
premises.
8. TERMINATION.
A. If the CITY fails to pay FWISD the lease fee cited in this Agreement or
the CITY fails to use the Premises for a park, then this Agreement may be terminated by
FWISD under the provisions of this section.
If the FWISD fails to perform any provision of this Agreement then the CITY may terminate
this Agreement under the provisions of this section.
Termination of this Agreement will occur only if the default continues for a period of thirty (30)
days after the notifying party informs the defaulting party in writing of the default and its
intention to declare this Agreement terminated.
B. In the event of termination and at the request of the FWISD, the CITY
shall have ninety (90) days from the date of termination to remove such improvements and
structures belonging to the CITY from the leased premises. Absent a request by the FWISD to
remove said improvements and/or structures, the CITY, in its discretion, may remove any or all
of the improvements and structures placed on said property by the CITY.
9. INDEMNITY.
A. To the extent permitted by law, the CITY covenants and agrees to and
does hereby indemnify, hold harmless, and defend FWISD, its officers, employees, agents or
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servants acting in the course and scope of their employment, from any and all suits, claims or
causes of action for property loss or damage and/or personal injury, including death, which may
arise out of the negligence of CITY employees, officers, agents or servants; provided, however,
that this indemnity agreement does not cover or include:
(1) any liability or obligation to third parties based on any contract to which the
CITY is not a party; or
(2) any tort claim or liability arising out of the sole negligence of FWISD; its
officers, employees, agents or servants; or
(3) any tort claim or liability for which the CITY would not be liable if the same
were asserted directly against the City; or
(4) any tort claim or liability arising out of the gross negligence, malicious intent,
bad faith, or other intentional, deliberate, willful or malicious act of FWISD, its officers, agents,
employees or servants, whether or not there is negligence on the part of the CITY, its officers,
agents, employees or servants.
B. FWISD agrees to notify the CITY promptly upon the receipt of any claim or
lawsuit brought in connection with any injury, death or damages on the leased premises.
FWISD agrees to make its officers, agents, and employees available to the CITY at all
reasonable times for any statements and case preparation necessary for the defense of any claims
or litigation for which the CITY may be responsible hereunder.
C. Nothing herein shall be deemed to constitute a waiver of any immunity or
affirmative defense, which may be asserted by FWISD or the CITY as to any claim of any third
party, however the CITY does waive immunity to any claim of FWISD seeking enforcement of
this agreement pursuant to law.
D. Nothing herein shall be construed in any manner, to create a cause of action for
the benefit of any person not a party to this Agreement, or to create any rights for the benefit of
any person not a party to this Agreement not otherwise existing at law.
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4. 6 to VF:1,!`11I 1 M
10. ASSIGNMENT. Neither party hereto shall assign or sublease its privileges,
rights or duties hereunder without written permission of the other party.
11. PARTIES BOUND. This Agreement shall be binding upon the successors and
assigns of both parties in like manner as upon the original parties.
12. APPLICABLE LAW. This Agreement is entered into subject to the provisions
of all applicable federal, state and local laws or ordinances and the requirements of any and all
governmental regulatory agencies having jurisdiction over the subject matter and venue shall be
in Fort Worth, Tarrant County, Texas or the Federal court of the Northern District of Texas.
13. SEVERABILITY OF PROVISIONS. If any of the Provisions contained in
this Agreement shall be held for any reason to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
14. SOLE AGREEMENT. This Agreement constitutes the sole and only
agreement of the parties hereto and supersedes any prior understanding or written or oral
agreements between the parties respecting the subject matter.
EXECUTED this the day of , 2000.
JJV
CITY OF RT WORTH FORT WORTH INDEPENDENT SCHOOL
DISTRIC
By: �
Libby atson, Gary J. Mann , President
Assistant City Lnager Board of Education
N.it
0T" �1 EC-VAG�1� o
5. Fl, woutnlI T o
ATTEST: ATTEST:
Cit ecretary Secr tary, Board of Trustees
APPROVED AS TO FORM
AND LEGALITY
Contract Authorization
Date
Assistant Ci Attorney
DATE: —27 G 7-'ab
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 for the 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 and Denton Counties, Texas and for the purposes and consideration therein expressed,
and in the capacity therein stated.
Subscribed to and sworn before me this -Aay of , 2000.
a
ROS BARNES Notary Public in and for the
(VOTARY PUBLIC
State of Texas
.#
J�f State of Texas My Commission Expires:
-A
. �,...• Comm. Exp. 03-31-2001
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.
tt
Subscribed and sworn to before me this /a y day of J , 2000.
GAYLE L.WILLIAMS otary ublic in and for the
Notary Public State of Texas
STATE OF TEXAS
My Comm.Exp.08/07/2004 My Commision Expires:
7 D
7.
Field Notes
For
Daggett Elementary
School
Lease
Apparent owner: Fort Worth Independent School District, V. 388-132,P. 87
D.R.,T.C. ,T.
A parcel of land out of Lot 2-R, Block 7, Ryan Place Addition, according
to plat recorded in Volume 388-132, Page 87, Plat Records, Tarrant County,
Texas, more particularly described as follows:
BEGINNING at the south west corner of Lot 2-R;
THENCE: North along a westerly line of Lot 2-R, 210.0 feet to the most
westerly northwest corner of lot 2-R;
THENCE: East along a northerly line of lot 2-R 85.0 feet to a corner;
THENCE: North along a westerly line of lot 2-R, 240.0 feet to the most
northerly northwest corner of lot 2-R;
THENCE: East along the northerly line of lot 2-R, 270.0 feet to a corner
of lot 2-R;
THENCE: South 46.67 feet to a point;
THENCE: East 30.8 feet to a point;
THENCE: South no degrees 43 minutes east 79.63 feet to a point;
THENCE: West 12.8 feet to a point;
THENCE: South 323.7 feet for the most southerly southeast corner of herein
described lease;
THENCE: West at 19.0 feet an interior corner of lot 2-R continuing along
a southerly line of lot 2-R, in all a distance of 374.0 feet to
the place of beginning and containing 147,989.0 square feet of
land more or less.
PUBLIC WORKS DEPARTMENT
JOHN L. JONES, P.E, CHIEF ENGINEER
EPD:sg 2-26-81
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PLAT SHOWING
DAGGETT ELEMENTARY SCHOOL LEASE
OUT OF LOT 2-R2.BLOCK 77 RYAN PLACE ADDITION _
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City of Fort Worth, Texas
"Avow and CouncilCommunication
DATE REFERENCE NUMBER I LOG NAME PAGE
7/18/00 L-12851 80YEARS 1 of 1
SUBJECT APPROVAL OF LEASE AGREEMENT FOR DAGGETT PARK FROM THE FORT
WORTH INDEPENDENT SCHOOL DISTRICT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with
the Fort Worth Independent School District to lease Daggett Park for a twenty-year period, with one ten-
year renewal option, at a cost of$1 per year.
DISCUSSION:
On May 13, 1980 (M&C C-4538), the City Council authorized City Secretary Contract (No. 11710)
leasing a tract of land for Daggett Park from the Fort Worth Independent School District. The park is
located at 2312 College Avenue adjacent to Daggett Elementary School. This agreement was for a
twenty year period at a rental of$1 per year beginning on May 8, 1981.
M
The Fort Worth Independent School District has agreed to lease the land for the existing park to the
City for twenty years with one, ten-year renewal option. On May 23, 2000, the Board of Education for
the Fort Worth Independent School District approved the lease of the land to the City of Fort Worth.
On June 20, 2000, the Parks and Community Services Advisory Board endorsed this agreement.
r This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
LW:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183 APPROVED
Originating Department Head: CITY COUNCIL
Richard Zavala 5704 (from) JUL 18 2000
GG01 539120 0807031 $1.00
Additional Information Contact:
City Secretary of the
Richard Zavala 5704
City of Fort Worth,Texas