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HomeMy WebLinkAboutContract 33853 CITY SECRETARY CONTRACT NO. 3�5f 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 Boat and Ski Club, LESSEE, to renew a written lease of property located at Lots 6R, Lake Worth Lease Blocks, in the City of Fort Worth, Tarrant County, Texas, the LEASE. A copy of the LEASE is attached hereto as Exhibit A and incorporated herein by reference as if set forth in full. WHEREAS, Lessor and Lessee entered into a 25 year Lease on July 9, 1971 for Lots 6, 7 & 8, Lake Worth Lease Survey; and WHEREAS, the Lease provided that the Lease could be renewed for a maximum of fifteen years; and WHEREAS, the Lease has been renewed for 2 five year terms and Lessee has requested that the lease be renewed for the final five year term; and WHEREAS, the Lease was amended on August 2, 2006 to correctly identify the Leased Property as Lot 6R Block 8, Lake Worth Lease Blocks, in the City of Fort Worth, Tarrant County, Texas, Texas as shown on the plat recorded in Cabinet A, Slide 5598, Plat Records,Tarrant County,Texas NOW THEREFORE, inconsideration of the terms and conditions contained herein, the parties agree as follows: 1. The term of this Lease Renewal shall be for five (5) years, commencing June 1, 2006, and ending on May 31, 2011; 2. As consideration for renewal of the LEASE, LESSEE agrees to pay rental to the City in the amount of THIRTEEN THOUSAND SEVEN HUNDRED EIGHTY- FOUR AND NO/100 DOLLARS ($13,784.00) per year, to be retroactive to the effective date of June 1, 2006. Any LEASE amounts paid in the interim will apply and the difference will be the amount due to the City; LESSEE agrees to pay the rental to the City in the amount of THIRTEEN THOUSAND SEVEN HUNDRED EIGHTY- FOUR AND NO/100 DOLLARS ($13,784.00) per year during the term hereof, payable in monthly installments of ONE THOUSAND ONE HUNDRED FORTY- EIGHT AND 67/100 DOLLARS ($ 1,148.67) each. Each Payment shall be due and payable on or before the first day of each month during the term hereof at the Revenue Collections Office of the "I nr Co 1 Without Insurance Requirement. 'v�U\�� 3M11-1 RDy nj YYY City of Fort Worth, unless the Lessee is notified in writing to any change in the location of the payment office; 3. LESSEE acknowledges and agrees to immediately cease and desist from using or occupying adjacent real property that is not part of the Leased Premises without written permission from the adjacent property owner. LESSEE acknowledges and agrees that a violation of this provision will result in termination of the LEASE and the provisions contained in Section 9 of the LEASE shall control the disposition of the improvements on the property; 4. Lessee acknowledges that this is the fmal renewal option offered under the original LEASE dated July 9, 1971 and that no extension or renewal of the LEASE will be offered upon expiration of this Lease Renewal term; and 5. All other terms and conditions of the LEASE remain unchanged. EXECUTED this I day of_ 14 2006 LESSEE take Wo Boating an�d i Club Billy C/Felton, Commodore Contract AuthorizntioA APPROVED AS TO FORM AND LEGALITY: Ir�_1'1GJ Date I oL ssistant City A orney ATTEST: CITY OF FORT WORTH City'S'ecretary Assistant City Manager Without Insurance v .Re uirement �N ,J 9 l ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 01,.Off AabG by Marc A. Ott, Assistant City Manager of the City of Fort Worth, a municipal corporation, on behalf of said corporation. Not Public, State of Texas HETTIF L.Al ;E ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 2, 2006, by Billy G. Felton, Commodore of the Lake Worth Boat and Ski Club, a non-profit organization, on behalf of said organization. t f_ LISA A. SCOTFORD cU t * Notary�k otary Public, St e of Te s STATE OF TEXAS �'���a my Comm.Up.7E1/06/2007 Without Insurance Requirement. •EXIIIBIT-A ' y ��r' �S �=• ,, t 1 f LEASE AGREEMENT* THE STATE OF TEXAS ) J} KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARR.ANT That the City of Fort Worth, a municipal corporation situated in,Tarrant County, Texas, acting herein by and,through Rmdcrar M Tina , its duly authorized City Manager (hereinafter called "City"), and Lake Worth Bost & Ski Club (hereinafter called "Lessee"), hereby make and enter the following lease agreement: 1. For and in consideration of the prompt payment by Lessee, when due, of all rents as herein provided and all taxes, assess- ments or lawful charges of any nature assessed against the, personal property and/or improvements situated on the demised prem- ises, and further for and in consideration of the full and timely performance by Lessee of all of Lessee's duties and obligations in strict compliance with the covenants, conditions and agreements herein contained, City hereby demises and leases to Lessee, and Lessee hereby accepts from City, the.following described real property (hereinafter called "demised premises") for the term and uses and subject to the conditions set.forth herein: Demised Premises LOTS Fig 7.&R, RT OCK R. LAKE WORTH LEASE SURVEY 2. The term of this lease shall be 25 years commencing June 1, 1971 and ending May. 31, 1996 3. As*consideration for this lease, Lessee agrees to pay rental to City of One Thousand Four Hundred-sixty- ($ 1468 ) per year during the term hereof, payable in advance. Each payment shall be due and payable on or before the first day of each June during the term hereof at the office of the Assessor and Collector of Taxes of the City of Fort Worth. It is intended that the total pf rental paid hereunder during any calendar yearshall represent a returri" to City at the rate of 8010 per annum based on the market value of the leased land, exclusive of improvements other than those made by the City. The rental to be paid hereunder by Lessee shall be reviewed every five (5) years by the City Council of the City of Fort Worth, and the amount of such rental can be adjusted by the City Council proportionately to any change in the market value of such leased land, exclusive of such improvements. 4. The right of Lessee to use and occupy the demised premises is expressly made subject to the following conditions, and the failure or refusal of Lessee to keep or perform any of such conditions shall be just cause for the termination of this lease and all of the rights of Lessee hereunder at the election of City, as provided hereafter in Paragraph 12: A. Lessee shall promptly pay 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 improvements or personal property located on the demised premises. B. The demised premises shall be used only for the purpose of• CONMRUAL and/or RESIDENTIAL 'C. Lessee may sell, assign or.sublet this lease or any part thereof, provided that all amounts owed to City hereunder are paid current to the date of such sale, assignment or subletting; provided that in the event of a sale or assignment, the same shall be evidenced in writing, properly executed and acknowledged by both.parties thereto,.and shall be.subject to the approval of"the City of FortWorth. Upon approval, a copy.of such assignment shall be delivered to the City, and the original thereof shall be recorded in the office of the County Clerk of Tarrant County, Texas, in which writing the vendee or assignee.shall expressly accept,assume and agree to perform all the terms, conditions and limitations thereafter to be kept and performed by Lessee. hereunder; and Lessee agrees not to make any sale or assignment except in this manner and upon the above conditions, but compliance here- with shall relieve the Lessee from further liability hereunder except in the case of a sublease, and the vendee or assignee shall thereafter be liable for the performance of all of the terms and conditions of this lease and shall have all rights and privileges of Lessee under this lease. D..The right to use and occupy the demised premises or to enjoy any of the rights and-privileges contemplated hereunder shall be exercised only in strict compliance with the laws of the United States of America, the statutes of the. State of Texas, and the Charter and ordinances of the City of Fort Worth, whether now in effect or hereafter adopted,. sDr long as any hereinafter adopted.ordinance or charter provision is not adopted solely for the purpose of limiting the rights of Lessee and similarly situated lessees. E. Lessee shall not erect any new structures, nor alter or.enlarge any existing structures, nor make any capital improve- ments of any kind on the demised premises without the prior written consent of City. The m4ntenance or replacement of existing facilities shall not be deemed to be capital improvements under this section. In no event shall City ever reimburse Lessee for any such new structures, alterations or enlargements made:after the effective date hereof,whether made with or without the consent of City, except that when replacements.of all or part of structures destroyed in whole or in part by fire, explosion or Act of God .are made with the written consent of the Oity of Fort Worth, such replacements shall be deemed to be structures made and erected prior to the effective date hereof. F. It being distinctly understood and.agreed that the demised premises are located near Lake Worth and in the watershed thereof and that Lake Worth is the reservoir that furnishes the water supply for the inhabitants of the City of Fort Worth and its environs, Lessee shall (1)-comply with the sanitation provisions and requirements of the Water and Health Departments of the City of Fort Worth and the State"of'Texas; (2) provide and maintain suitable methods and mean the disposal of trash, body waste and excreta; (3) not drill or dig any well on the demised premises wi o Dr+, Uall- approval of City nor use for human consumption water produced from any such well without such water a ' r and approved by the appropriate authorities of the City and the State of Texas; (4) deposit and keep nt Asn of all trash or garbage in water-tight metal*receptacles of not more than_ 20-gallon capacity, equipped wi h keep the premises at all times in a sanitary and well-maintained condition and permit no junk or debris o b ted t'on b the demised premises; (5) exercise due diligence and prompt care and precaution to protect all trees, grass and flowers from ma- licious destruction; (6) use the demised premises for lawful purposes only, not using or permitting any person or group of per- sons to use the demised premises for any unlawful or immoral purpose or create a nuisance thereon; (7) if the demised premises abut the waters of Lake Worth, permit no bathing, swimming, boating or wading in violation of any law, ordinance or regulation promulgated by City or any other public authority; and (8) neither keep nor permit any animals on the demised premises other than domesticated dogs and cats, and strictly comply with all laws, ordinances and regulations pertaining to the maintenance 'and control of dogs or cats as such laws, ordinances or regulations apply within or without the limits of the City of Fort Worth. 5. All past due amounts owed by Lessee hereunder shall be subject to a late charge of 10%,plus an additional fate charge after 30 days to be computed at the rate of 1% per month; provided,however, that this provision for late charges shall not be construed as a waiver of the right of City to-terminate this lease at its option as authorized in Paragraph 12 hereof. 6. Lessee-hereby gives, grants and pledges unto City a contractual preference lien upon all personal property on the demised premises belonging to Lessee and upon all structures or improvements erected on the demised premises by Lessee to secure the prompt payment of all rentals or other amounts due City under this lease and the performance of any or all covenants or obli- gations hereunder to be kept and performed by Lessee. For the purpose of enforcement hereof, City may, upon termination of lease in accordance with the provisions of this Iease and without further notice, reenter and expel Lessee from the premises and also any person holding under Lessee without being deemed guilty of any manner of trespass; and, in addition, without process, seize and hold all property belonging to Lessee on the leased premises, whether tangible or intangible, and of any nature what- soever, as a possessory pledge to secure the performancejand/or payment of any oriall•of.Lessee's.iobligations,hereunder; and Lessee specifically authorizes and empowers City to sell all of the assets seized hereunder at pubic or private sale and to apply the proceeds, first, to the payment of all amounts due to City hereunder, including expense of sale, with the balance remaining from such proceeds to be held for Lessee. In each case this lease or a true copy thereof shall be sufficient warrant for any person. 7. Lessee covenants and represents that he has inspected the premises on his own behalf and is fully informed as to the condi- tion thereof, relying solely upon his own inspection and not upon any statements or representations made for or by the City or any of its agents, officers or employees. Upon execution of this agreement, Lessee accepts the premises in their present condition as being suitable for all the purposes of this lease. Lessee is and shall be deemed to be an independent tenant in possession of the premises and responsible-to all parties for his acts or omissions with regard thereto, and City shall in no way be responsible for any act or omission of Lessee. Lessee covenants and agrees to, and does hereby, indemnify, hold harmlessand defend City, its officers, agents, and employees, from and against any and all claims for damages or injury, including death, to persons or prop- erty arising out of or incident to the leasing of or the use and occupancy of the premises by Lessee,his guests or invitees.Lessee .covenants.and agrees to,..and does hereby, indemnify, save harmless and defend City from and against any and all mechanic's and •materialman's liens or any other-lien, claim-or charge imposed upon the demised premises arising as a result of any conduct or any activity by Lessee or anyone on his behalf, except as authorized by Paragraph 16 hereof. S. At all times during the term of this lease, City or its agents shall have the right to enter upon said premises during rea- sonable hours for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of his obligations hereunder in respect to all the terms and conditions of this lease. 9. All improvements situated on the leased premises when this lease is entered into are and shall continue to be the property of'the Lessee, and all authorized improvements hereinafter added by the Lessee to the leased premises shall be the property of the Lessee; provided, however, the future rights and obligations of the parties in and to said improvements will be subject to the terms and provisions of this lease. Upon'termination of this lease by either party for any cause or reason, all buildings, fixtures, structures and improvements situated on the leased land shall be and remain the property of Lessee, and City shall have no interest therein other than the lien herein for the security and protection of the City, in accordance with the terms and provisions of this lease, except that Lessee will have no right to remove, and will have no rights in,structures and improvements for which he receives reimbursement from the City pursuant itolhe terms'of this.lease;:,gnovidedt however, if Lessee fails to remove said buildings' .fixtures,structures and improvements within ninety (90) days from the termination of this lease, the same shall become and remain the property of the City; provided, further, that no buildings, fixtures, structures or improvements will be removed in accordance with this section of the lease unless and,until Lessee has made payment to the City of all amounts owed to it under the terms of this lease. Nothing in this section of this lease shall give Lessee the right to remove from any structure for which Lessee receives reim- bursement from the City pursuant to the lease any fixture or any integral part thereof if such fixture or part was considered in determining the amount of reimbursement to be made. 10. This lease and any renewal hereof shall terminate at the expiration of the primary or additional term, as the case may be, unless renewed or further renewed by agreement of the parties; provided; however, that if Lessee has maintained this lease or any renewal thereof, as the case may be, in good standing and has performed all of his obligations and duties hereunder, he shall have the right to give written notice to City of his good faith intention and desire to renew or further renew same not more than one'hundred and twenty (120) days nor less than sixty (60) days prior to the expiration of the primary term or any additional term, in which event City, at its option, shall either renew or again renew, as the case may be, this lease under the:same-pro- visions and conditions for an additional term of not to exceed fifteen (15) years or reimburse Lessee for the value of his improve= ments In the manner set out in Paragraph 11. 11. If during the primary or any additional term hereof City shall deem that the demised premises are required for aiiy public-' purpose, the City shall have the right to terminate this lease by giving ninety (90) days written notice to Lessee of such term[-= ination, and Lessee agrees to promptly deliver possession of the demised premises to City and this lease shall terminate upon the expiration of ninety (90) days after the date of such notice; and in such event City shall pay to Lessee an amount equal to the then market value of any structures or improvements heretofore made or erected on the demised premises. Itis specifically'and expressly understood, covenanted and agreed that in no event shall the City make any payment or reimbursement to Lessee for any structure or improvement made or erected on the demised premises after the date of execution of this lease except as pro- vided by subparagraph "E" of Paragraph 4 hereof. At termination hereof,Lessee shall be entitled and authorized to remove from the premises all items of personal property belonging to Lessee not affixed to the realty and all strue snd-improvements for which no'reimbursement is made. 12. !1J v u Lessee shall have the option and right to terminate this lease without reimbursement at any time by giv �$hE`City thirty (30) days written notice of intention to terminate. In the event that Lessee or his assignee files a petition in bankruptcy, is adjudged a bankrupt or ma es �pcigntary assign- In mina_of`this lease for the benefit of editors, this lease shall automatically termini without any further action on the part of the City, and the City shall not be obligated to make any payment or reimbursement of any kind to Lessee; Pzovide'd•, however, the foregoing termination provision will not apply if the leased property is the homestead.of Lessee or his a'slignee at the time of any of the occurrences hereinabove specified in this paragraph, in which event the Lessee or his assignee will.continue,to enjoy full rights and benefits under this lease agreement, subject to the other terms and provisions hereof. In the event Lessee shall (1) be in arrears in the payment of the rents, taxes or other amounts agreed,iron hereunder for a period of forty-five (45)'days; (2) abandon the demised premises; or (3) default in.performance of.any, of;the covenants and conditions required herein to be kept and performed by Lessee, such default continuing for a period of.foi'ty:hve (45) days, the City shall have the right to terminate this lease without reimbursement.. L. In the event of termination of this lease by either party or for any cause or reason, Lessee shall be obligated.to pay to the City amounts then owed'under the terms of the Iease to City but shall be relieved of any obligation to pay any rental for,the unexpired term of the lease and of and from all other duties and obligations imposed by this lease.except with respe-et'to`timely removal of improvements. It is specifically provided and agreed, however, that the failure of City to enforce any or all of its remedies in the event of one breach or repeated breaches.by Lessee of any of the provisions of this lease shall not constitute or be deemed to be a waiver by City of any of such remedies.' 13. - This lease shall be duly recorded at Lessee's expense among the Deed Records in the office of the County Clerk at Tarrant County, Texas. .14. ,of yah'YV`dctibh-`bzo*ht'�heretiAder Will�Iie-'eke1'usively ut'Tarrant County, Texas. In the event of the death of Lessee, his successors and estate shall succeed'to his interests under this lease, and those entitled by will,Waw or descent and distribution to succeed to Lessee's interest in the lease shall continue to enjoy the rights and benefits hereunder of the deceased lessee; or, .should it be the preference of the successors and representatives, if any, of the estate of the deceased lessee to terminate the lease, such successors and representative, if any, shall be entitled to terminate the lease and .shall:have whatever rights;Lessee':Would have had with respect to such a termination. 16. When the Lessee shall not be in arrears of rent:nor'm default of any of the covenants, provisione'6r'bonditi6ns df this lease agreement, :Lessee may mortgage.his leasehold estate or his interest hereunder to secure a bona fide loan or loans of money then actually made, or theh actually about.to be made, to the Lessee, or to extend or renew the same, PROVIDED, HOWEVER, that no mortgage nor anyone who claims by, through or under such mortgage or deed of trust in the nature of a mortgage shall, by virtue of such mortgage or deed of trust, acquire any greater or more extended rights than the Lessee has under this lease agreement; and PROVIDED FURTHER that any such mortgage or deed of,tr6st-'gird-tire righ -'dxtd interests'of the wortgageee and of all persons who claim by, through or under such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all the conditions, provisions, stipulations, requirements, covenants and obligations of this lease agreement,and the rights, powers and privileges of the City thereunder,as well as in respect to any building'or improvements,from time to time upon said premises, or otherwise; and PROVIDED FURTHER that no person acquiring title to the leasehold estate or interest, or any part thereof, created by, under and through this lease agreement shall assign or transfer the same otherwise than as under the conditions and mode herein expressly permitted tb the Lessee. The Lessee agrees and covenants that, excepting, as aforesaid, under the conditions, as aforesaid, and except for the purpose aforesaid, it will not mortgage or encumber this lease agreement or his interest acquired thereunder. The mortgagA-6 under any such deed of trust or mortgage shall have the right to assume or take over this lease and perform its terms and conditions if the mortgagee desires to do so to protect such mortgagee, .but a mortgagee shall not be held to have assumed or to be liable for.the performance of any of the terms of this lease until and unless such mortgagee shall have notified City of its intention to take possession of said property in accordance herewith, or in case such mortgagee shall have expressly assumed the performance of the same. 17. In the event City decides to take steps to terminate this lease under any circumstances where the City would not be obli- gated to reimburse Lessee with respect to structures and imprabements, the City will first give Lessee-at least thirty (30) days written notice of such intention, which notice will specify the default or odefaults-upon which-the: termiiiutionuwould be based; and Lessee will have at least,thirty (30) days after such notice within which to correct such default or defaults and thereby avoid termination. A` notice of the same type must be given,'and the right to cure the defaults shall exist before Lessee can be deprived of any right of reimbursement granted by Paragraph 10 of this lease. Said notice shall be deemed to have been given if it Is de- posited in the United States Mail as,registered mail, postage prepaid, addressed to Lessee or his assignee, as the case maybe, at the known address shown on this lease or such other address furnished to the City of Fort Worth, in writing, by Lessee.or his assignee as being the address to which the notice is to be mailed. 18. This',instrument.'represents the entire agreement between the parties concerning the leasing of the above demised premises and;-shal'1:be binding upon and shall inure to the benefit of the parties hereto, their successors, signs, heirs and legal repre- sentatives EX; 1 " at Fort Worth, Tarrant County, Texas, this the— day of— , r "; Y OF fORT WO_RTH -City Secretary r r 4n` Ti A PIt "AS s')~O FORM AND LEGALI Y: v�G,!1 City Attorney L SEE --- '� :. .:. ,,•y:,;, l Ir a -(�.1v fti.. STATL'OF%TERAS COUNTY OF'TA1A2ANT BEFORE ME the undersigned authority, on this day personally appear , known tome to'be the Berson whose name is subscribed to the foregoing instrument, and ackEow edged to me that he executed the same and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as Mathereof, and for the purposes and considerat' n therein expressed and in the CaFa�ity rein stated: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 19 Notary Public in and for Tarran County, Texas THE STATE OF TEXAS //�� COUNTY OF TARRANT } nr� .:FT, �I�IS ^,V1GBl?N1c f'tr�' BEFORE ME, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to,me tha. =�6,o he executed the same for the purposes and consideration therein expressed. � �� '`i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this�h. //day of Do9L. Notary Public in ar4T for,Tar?§nb County Teresa �i. oi D S t lrJ:J 5 5t i 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/25/2006 DATE: Tuesday, July 25, 2006 LOG NAME: 30LW BOAT REFERENCE NO.: **C-21581 SUBJECT: Authorization of Lease with the Lake Worth Boat and Ski Club for City-Owned Property Located at 4001 Marina Drive, Lots 6,7,8 / Block 8, Lake Worth Lease Survey RECOMMENDATION: It is recommended that the City Council authorize approval of a lease agreement with the Lake Worth Boat & Ski Club for City owned Lake Worth Lease property located at 4001 Marina Drive, Lot 6,7,8 / Block 8, Lake Worth Lease Survey for final term of 5 years with no option to extend the agreement once the lease expires, commencing on June 1, 2006 and ending May 31, 2011 for an annual lease rate of$13,784.00. DISCUSSION: This Lake Worth property was originally leased to the Lake Worth Boat & Ski on June 1, 1971 for a period of 25 years, expiring on May 31, 1996. The lease provide for a renewal of the lease under the same terms and conditions as specified in the original lease. The renewal period specified is not to exceed 15 years. Two subsequent renewals for a term of five years each have already been exercised and this renewal is the final renewal term offered under the original lease for this property. This five year lease renewal is retroactive to June 1, 2006 and will expire on May 31, 2011. Any lease amounts paid in the interim will apply and the difference will be the amount due to the City; The Lake Worth Boat and Ski Club will pay the difference of the annual lease rate as necessary to bring the account current. The new lease rate provides a 4% return based on the fair market value as determined by an independent Appraiser. The property is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Revenue Office of the Finance Department is responsible for the collection and deposition of funds from this lease. TO Fund/Account/Centers FROM Fund/Account/Centers FE70 442352 030001901000 $13,784.00 Submitted for City Manager's Office b Marc A. Ott(6122) Originating Department Head: Logname: 60SOLTTHWEST Page 1 of 2 A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) Logname: 60SOUTHWEST Page 2 of 2