HomeMy WebLinkAboutContract 33653 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENT:
COUNTY OF TARRANT §
RENEWAL OF LEASE AGREEMENT
This lease renewal is made and entered into in Fort Worth, Tarrant County, Texas, by and
between the City of Fort Worth, a home-rule corporation, LESSOR, acting herein by and
through its duly authorized Assistant City Manager and the Lake Worth Sailing Club, LESSEE,
to renew a written lease of property located at Lot 5, Block 19, Lake Worth Lease Survey, the
LEASE.
A copy of the lease is attached hereto as Exhibit A and incorporate herein by reference as
if set forth in full.
IT IS AGREED TO THAT:
1. The term of this renewal shall be for ten(10) years, commencing March 6, 2006,
and ending on March 5, 2016.
2. As consideration for renewal of the LEASE, LESSEE agrees to pay the annual
rent to the Lessor in the sum of Thirteen Thousand and Forty Dollars
($13,040.00) per year, to be effective on March 6, 2006. Lessee agree to an
annual CPI adjustment on the lease amount during the ten (10) year term of the
renewal lease period.
The Lessee agrees to pay the rental amount to the City in the amount of
$13,040.00 Dollars per year during the term hereof, payable quarterly in four
equal installments of$3,260.00 to be due on March 6, June 6, September 6 and
December 6. Each Payment shall be due and payable on or before the sixth day
of the month for which it is due each year during the term hereof at the Revenue
Collections Office of the City of Fort Worth, unless the Lessee is notified in
writing to any change of the payment office and;
3. The Lessor and Lessee agrees that this Lease can be renewed for one (1) ten year
term at the terms and conditions agreeable to Lessor and Lessee. The amount of
rent to be paid during such renewal shall be determined by a market value
appraisal conducted by an appraiser of Lessor's choice.
4. All other terms and conditions of the lease remain unchanged.
EXECUTED CU ED this M day of , 2006
e �C-'
Without Insurance Requirement. r��f � U
05-21-05PO4 :19-6
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P 0 4 :<`_6 1 N
";ake
ESS
Worth Sailing Club Date
James A. Holcomb, Secretary Treasurer
APPRO D AS TO FORM AND LEGALITY:
7
,Gsistant ktitT-iktlomey
CITY OF FORT WORTH
Assistant City Manager Date
VA
ATTEST
City Secretary
"(Dntracc. Authori.zatiox
Date
y„
Without Insurance Requirement.
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on o to by ;)w, Assistant
City Manager of the City of Fort Worth, a municipal corporation, on behalf of said corporation.
.� Notary Public, State of Texas
HETTPE , aE
MY coMMIss1:?
CITY SKRET-ARY,
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CCN;"RACY. No
L E A S E f ��
STATE OF TEXAS
EXHIBIT A gEGRETARY
COUNTY OF TARRANT S ;C
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SECTION 1. This ground lease agreement is made and entered
into at Fort Worth, Texas, by and between the City of Fort Worth,
hereinafter referred to as "Lessor" , and the Lake Worth Sailing
Club, a Texas corporation, hereinafter referred to as "Lessee" .
SECTION 2 . For and in consideration of the rental to be
paid hereunder and the further agreements of the parties
expressed herein, Lessor does hereby lease, let and demise the
property described as follows:
Lot 5, Block 19, Lake Worth Lease Survey, Fort Worth,
Tarrant County, Texas .
SECTION 3. This lease shall be for a period of fifteen ( 15)
years commencing on Parch 6. 1991 , and terminating on
Parch 5, 2006 , unless a prior termination is effected
by either party hereto pursuant to . the termination provisions
expressed herein. This lease may be renewed for a maximum of two
successive periods of ten ( 10) years each, provided that Lessee
provides Lessor with written notice of its intent to renew on or
before sixty (60) days prior to the expiration of the term of
this lease or any successive renewal thereof. The specified
written notice shall be effective upon receipt by Lessor. The
terms set forth herein shall govern and control the relationship
of the parties hereto during any renewal period affected here-
under, except that Lessor may increase or otherwise change the
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rental rate for any renewal period. Lessor reserves the right to
terminate the lease at the end of the term or any successive
renewal thereof regardless of Lessee's intent to renew.
In the event the Lease is terminated or Lessee is evicted
from the premises for any reason, Lessor shall not be responsible
for any personal property of Lessee remaining on the premises at
the time of said eviction or termination, and said personal prop-
erty shall be deemed abandoned by Lessee if such remains on the
premises at any time subsequent to the termination of the lease.
On the death of Lessee, this lease shall terminate by operation
of law and property will revert to Lessor.
SECTION 4. As consideration for this lease, Lessee agrees
to pay annual rent to Lessor in the sum of Six Thousand Dollars
($6,000 .00) per year, said rent payable quarterly' in four equal
installments, on March 6 , June 6 ,
September 6 , and December 6 , of each calendar
year.
Lessee further agrees to pay rent for each year after the
first year in an amount that shall be adjusted by eighty percent
(80%) of the change in the annual average of the Consumer Price
Index U.S. City Average, "all items" index, all urban consumers
(CPI-U) from the annual average for the previous calendar year,
as published by the Bureau of Labor Statistics for the United
States Department of Labor, said adjustment to be computed by
dividing the CPI-U for the most recent year by the CPI-U for the
immediately preceding year, subtracting one ( 1) from that quo-
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tient, multiplying that result by eight-tenths (0 .8) , adding one
( 1) to that product, and multiplying that sum by the rent for the
previous year.
SECTION 5. Lessee shall pay promptly all taxes, monthly
charges, assessments and/or levies of any nature or character
whatsoever which may be lawfully assessed, taxed, levied or made
against the leasehold estate hereby created and/or any improve-
ments or personal property located on the demised premises.
SECTION 6. Lessee shall comply with all applicable laws.
prevailing in the jurisdiction in which the leased premises are
located.
Lessee shall not commit nor allow to be committed any waste
on the leased premises, nor shall Lessee maintain, commit or per-
mit the maintenance or commission of any nuisance on the leased
premises or use the leased premises for any unlawful purpose.
SECTION 7. Lessee agrees that the premises shall be used
for the purpose of operating a sailing club.
SECTION 8. Lessor expressly disclaims any warranty of suit-
ability that may otherwise have arisen by operation of law.
Lessor does not warrant that there are no latent defects in the
premises that are vital to the Lessee's use of the premises for
their intended purpose and that the premises will remain in a
suitable condition. Lessee expressly agrees to lease the prop-
erty "as is, " expressly accepts the premises in their present
condition as being suitable for all purposes of this lease, and
expressly waives the implied warranty of suitability.
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SECTION 9 . Lessee agrees that he will maintain the leased
premises and keep same in good repair at Lessee's sole cost and
expense. All maintenance, repair and upkeep of the leased prem-
ises shall be in accordance with all applicable federal, state
and local laws, rules, regulations, and specifications.
SECTION 10. Lessee shall not construct any improvements on
the leased premises without the prior written consent of Lessor,
and any improvements shall be constructed at the sole expense of
Lessee. With the exception of Cottage Number 12, the same being
also known as the caretaker's cottage, which is and shall remain
the property of Lessor, all improvements on the leased premises
shall at all times be and remain the personal property of Lessee,
and Lessee shall have the right to remove said improvements, at
Lessee 's sole cost and expense, at any time during the term
hereof and also within sixty (60) days after termination of this
lease, whether by expiration of its term or any renewal term
hereof or by its earlier termination as provided herein; pro-
vided, however, that Lessee shall repair any and all damages to
the leased premises caused by such removal and further provided
that any such improvement which shall not have been removed by
Lessee on or within sixty (60) days after termination of this
lease, shall be deemed abandoned by Lessee and shall thereupon
become the absolute property of Lessor without compensation to
Lessee. Lessee expressly covenants and agrees that Lessee will
not be entitled to any reimbursement for the cost or value of any
improvements. Lessee further covenants and agrees that any and
all improvements on the leased premises shall be made, erected
4
and constructed in a careful, workmanlike manner and in full com-
pliance with all federal, state and local laws, rules and regula-
tions.
SECTION 11. Lessee shall not assign or sublet this lease
without the prior written approval of Lessor. Lessee shall like-
wise not mortgage or encumber the leasehold in any way without
such prior written approval.
SECTION 12 . If Lessee is in default of any provision of
this lease, Lessor may give notice to Lessee of termination of
the lease by default, said notice to be in writing and specifying
the default or defaults upon which the termination would be based.
Lessee will have thirty (30) days from the date of the notice of
default within which to correct such default or defaults upon
which the termination is based or the lease shall be terminated.
Either party shall have the right to terminate this lease
with cause upon thirty (30) days' written notice to the other
party.
If this lease is terminated by Lessor, all rights of Lessee
shall cease and Lessee shall, within ninety (90) days after termi-
nation, vacate the premises and return the premises to its
original condition. Any property of Lessee not removed within
ninety (90) days, at Lessor's election, may be retained and dis-
posed of by Lessor. Lessee shall make no claim of any kind
against Lessor for the termination.
SECTION 13. The waiver by Lessor of any default or breach
of a term, covenant or condition of this lease shall not be
deemed to be a waiver of any other breach of that term, covenant
5
or condition or any other term, covenant or condition of this
lease, regardless of when the breach occurred.
SECTION 14. Lessor reserves the right to enter upon the
leased premises at all reasonable times for the purpose of
inspecting the premises . Lessor further reserves the right to
grant, establish and maintain easements upon the leased premises
not inconsistent with the rights of Lessee under this lease agree-
went.
SECTION 15. Lessee covenants and agrees to indemnify, hold
harmless and defend Lessor, its officers, agents, servants and
employees, from and against any and all claims or suits for prop-
erty damage, loss and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or
asserted, arising out of or in connection with, directly or
indirectly, the leasing, use or occupancy of said premises during
the term of this agreement, whether or not caused, in whole or in
part, by alleged negligence of officers, agents, servants,
employees, customers, contractors, subcontractors, licensees or
invitees of Lessor; and Lessee hereby assumes all liability and
responsibility of Lessor, its officers, agents, servants and
employees, for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connec-
tion with, directly or indirectly the leasing, use or occupancy
by Lessee of said premises during the term of this agreement,
whether or not caused, in whole or in part, by the alleged negli-
gence of officers, agents , servants , employees , patrons, con-
6
tractors, subcontractors, licensees or invitees o f Lessor .
Lessee shall likewise indemnify and hold harmless Lessor for any
and all injury or damage to such premises during the term of this
agreement, whether arising out of or in connection with any and
all acts or omissions of Lessee, Lessee's officers, agents, ser-
vants, employees , contractors , subcontractors , licensees ,
invitees or patrons, or caused, in whole or in part, by the
alleged negligence of officers, agents, servants, employees
patrons, contractors, subcontractors, licensees or invitees of
Lessor.
SECTION 16 . Lessee agrees that Lessee will, contempo-
raneously with the execution of this lease, provide Lessor with a
certificate of insurance as proof that Lessee has secured and
paid for a policy of public liability insurance covering all
public risks related . to the leasing, use and occupancy of the
Leased Premises. At present, the amounts of such insurance shall
be as follows:
Property Damage $100,000
Personal Injury or Death, Per Accident $300,000
with the understanding of and agreement by Lessee that such
insurance amounts shall be revised at the Lessor's option, and
Lessee will so revise such amounts within thirty ( 30) days
following Lessee's receipt of written notice of such require-
ments.
SECTION 17 . All notices required hereunder shall be sent to
Lessor at the following address:
7
Real Property Management Department
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
All notices to Lessee shall be sent to the following address:
Lake Worth Sailina .Club
4064 Peninsula Club Circle
Fort Worth, Texas 76135
Mailing of all notices pursuant to this Section shall be deemed
sufficient if mailed postage prepaid and addressed as specified
above, unless either party has been notified in writing of any
change in the other party's address. All time periods related to
any notice requirements specified in this lease shall commence
either on the date notice is mailed or on the date notice is
received by the party to whom it is sent, depending on the terms
specified in the Section requiring the notice.
SECTION 18. This lease shall constitute the entire agree-
ment of the parties to this lease and shall supersede any prior
agreements of said parties, either oral or written, pertaining to
the specific subject matter specified herein.
SECTION 19 . 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 this
lease shall be in Tarrant County, Texas.
i 4 1 vJJ�a CU 1�
1`'112Y
SIGNED this day of 19�
ATTEST: LESSOR: C Y 0 FOR 0RTH
By:
4
ity Secre ary Assistant Ci Manager
APPROVED AS TO FORM AND LEGAL TY:
Z 117 Z(
ion �aot AirGhor' at'on
Assistant City Attorney _ _
Date: D
LESSEE: LAKE WORTH SAILING CLUB
By:
[corporate seal of Lessee] T' le,. ecretary - Tr asurer
l
9 U
7 L' ��✓It'.L'I(19 �lS G10
THE STATE OF TEXAS $
COUNTY OF TARRANT S
BEFORE ME, the ndprsigned authority, on this day personally
appeared W1��Q/1� �V_CYE� , known to me to be the per-
son and officer whose name is subscribed to the foregoing instru-
ment, and acknowledged to me the he executed the same as the act
and deed of the City of Fort Worth, a municipal corporation of
Tarrant County, Texas, and as the Assistant City Manager thereof.,
for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HANDEAL OF OFFICE this 2� day of
19V.nowdow �
* * Notary Pubac
Vic,-
STATE OF TEXAS Notary Public in and for
My Comm.Exp.JUZY 211994
the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT S
BEFORE ME, the andgrsigned authority, on this day personally
appeared ,,7 E S /�. l�a�Cph�b , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of the Lake Worth Sailing Club for the purposes and consideration
therein expressed and in the capacity therein stated.
IVES UNDER MY HAND AND SEAL OF OFFICE this 5 day of
c(,c�
_' 19 9 .
y Notary Public in and for
the State of Texas
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�ai ht;••,+�4`.ave`.....d4.�.+satiw^.YKr.+r.MarO^a�rt.�
hill
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Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2006
DATE: Tuesday, June 20, 2006
LOG NAME: 30SAILINGCLUB2 REFERENCE NO.: C-21535
SUBJECT:
Authorize the City Manager to Renew the Lease Agreement with the Lake Worth Sailing Club for
City Owned Property Located at 4064 Peninsula Club Circle, Lot 5, Block 19, Lake Worth Lease
Survey
RECOMMENDATION:
It is recommended that the City Council authorize a ten year lease renewal of the lease agreement with the
Lake Worth Sailing Club for Lake Worth lease property located at 4064 Peninsula Club Circle, Lot 5, Block
19, Lake Worth Lease Survey for an annual lease rate of$13,040.00.
DISCUSSION:
This Lake Worth property was originally leased to the Lake Worth Sailing Club on March 6, 1991 for a
period of 15 years, expiring on March 5, 2006. The lease allows renewal of the lease for two terms of ten
years each.
This is the first renewal request under this lease. The new lease rate has been adjusted to take into
account the change in market value and a reasonable return to the City. During this renewal term, the
annual lease rate will be subject to the annual CPI-U adjustment.
City staff recommends the renewal of this lease agreement as per the above terms.
The property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Revenue office of the Fiscal Services Department is responsible for
the collection and deposition of funds from this lease.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE70 442352 030001901000 $13.040.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Douglas Rademaker (6157)
Additional Information Contact: Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/12/2006