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HomeMy WebLinkAboutContract 40024 (2)LEASE AGREEMENT THIS LEASE, dated as of February 3, 2010, between The City of Fort Worth, a Texas municipal corporation (herein called "Lessor'), having an address of 1000 Throckmorton, Fort Worth, Texas 76102, acting by and through its duly authorized Assistant City Manager; and Fairmount Neighborhood Association, a Texas non-profit corporation (herein called "Lessee"), acting by and through Robert Wedding, its duly authorized President. WHEREAS, Lessor is the owner of real property with an address of 1504 and 1510 5tn Avenue, Fort Worth, Tarrant County, Texas, 76104 ("Leased Premises"); WHEREAS, Lessee desires to use the Leased Premises for a Community Garden (as defined herein); WHEREAS, a Community Garden can benefit the citizens of Fort Worth by potentially providing a catalyst for neighborhood and community development, increasing property values in the immediate vicinity, beautifying neighborhoods, conserving resources, reducing crime, preserving green space, improving the ecosystem, reducing city heat from streets and parking lots, creating opportunity for education, and producing nutritious food; WHEREAS, Lessor desires to lease the Leased Premises to Lessee for a Community Garden on the terms and conditions agreed to below. NOW, THEREFORE, WITNESSETH: ARTICLE ONE LEASE OF PREMISES Section 1.01. In consideration of the mutual covenants and agreements of this Lease, and other good and valuable consideration, Lessor demises and leases to Lessee, and Lessee leases from Lessor, the Leased Premises. ARTICLE TWO TERM Section 2.01. Subject to the covenants and conditions herein contained, Lessee shall have and hold the Leased Premises for a term of five (5) years commencing on February 15, 2010, and ending at midnight on February 14, 2015 (herein called the "Primary Term"). Section 2.02. Lessee shall have the option to extend this Lease for three (3) one-year terms, such renewal terms to be hereinafter referred to as "Renewal Term" or "Renewal Terms". A Rene arm may 2Wy be exercised if no default on the part of Lessee has occurred and is OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ( 1 continuing under any provision of this Lease. A Renewal Term must be exercised in writing by Lessee, and approved by Lessor. The rent for a Renewal Term shall remain unchanged. Section 2.03. If Lessee holds over and continues in possession %J the Leased Premises after the Primary Term or, if exercised, a Renewal Term, expires, Lessee will be considered to be occupying the Leased Premises at will subject to all the terms of this Lease. ARTICLE THREE USE OF PREMISES; COMPLIANCE WITH LAW Section 3.01. Lessee is granted and shall have the right to use and occupy the Leased Premises solely for the purpose of recreational growing of ornamental or edible plants, subject to the terms and conditions in this Lease, by Lessee ("Community Garden"), and for no other purpose without the written consent of Lessor. The use of the Leased Premises shall be subject to the Rules for Community Gardens of the City of Fort Worth, attached hereto and made apart hereof as Exhibit "A". Lessee hereby covenants and agrees to keep the Leased Premises occupied and used at all times and to never allow them to become vacant, except for events of force majeure, casualty, condemnation and repair. Section 3.02. Lessee, at its own expense, shall promptly comply with all federal, state, municipal, and other laws, ordinances, rules, and regulations applicable to the Leased Premises and to Lessee's conduct on the Leased Premises, including but not limited to the prohibition against growth of any illegal plants. Lessee shall not commit any act inconsistent with the operation of its business which is a nuisance or annoyance to Lessor, or which might, in the exclusive judgment of Lessor, appreciably damage Lessor's reputation, or tend to injure or depreciate the Leased Premises. Section 3.03. Under no circumstances will Lessee use or cause to be used on the Leased Premises any illegal, hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Leased Premises, including but not limited to non -organic pesticides and fungicides, chemically -treated wood, cacti, trees, castor beans, any poisonous plants, and diseased and pest -ridden plants. Only organic nutrients, pesticides and pest control shall be used on the Leased Premises. Use of non -organic pesticides must receive the prior written approval of Lessor. Section 3.04. Lessee agrees to accept the Leased Premises in their present condition, finds them suitable for the purposes intended, and further agrees that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by Lessor as to the condition of the Leased Premises or their suitability for the purposes intended. Lessor specifically disclaims any warranty as to the suitability of the Leased Premises for their intended purpose. 2 ARTICLE FOUR RENTS AND DEPOSIT Section 4.01. Lessee shall pay to Lessor rent ("Rent") in the amount of $1.00 annually for the Term. The Rent shall be paid to Lessor without demand at the address specified in this Lease for notices to Lessor, or elsewhere designated from time to time by written notice from Lessor to Lessee. Section 4.02. Upon the execution of this Lease, Lessee shall deposit with Lessor a deposit ("Deposit") in the amount of $100.00. If this Lease terminates or expires and Lessee is not current in its payment of charges for water use for the Leased Premises, the Deposit shall be applied to the outstanding balance of the charges for water use. Any amount of the Deposit remaining after all charges for water use have been paid in full shall be returned to Lessee. If at the termination or expiration of the Lease all charges for water use have been paid, the Deposit shall be returned to Lessee in full. ARTICLE FIVE TAXES AND OTHER CHARGES; LIENS Section 5.01. Lessee shall pay or cause to be paid, punctually when due and payable, as additional rent, with respect to the Leased Premises all taxes, general and special assessments, and other charges of any kind levied on or assessed against the Leased Premises and all interests in the Leased Premises and all improvements and other property on the Leased Premises during the Term and any extension, whether belonging to Lessor or Lessee. Lessee may, in good faith at its own expense (and in its own name) contest any such taxes, charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. Section 5.02. Lessee shall pay or cause to be paid all charges for gas, water, sewer, electricity, light, heat, power, telephone, or other utility service furnished to, or used in connection with, or needed to be constructed to serve the Leased Premises during the Term of this Lease, including any connection fees. Lessor shall not be required to furnish to Lessee or any other occupant of the Leased Premises, any gas, water, sewer, steam, electricity, light, heat, )ower, telephone, or other utility or service of any kind. Lessor shall not be required to pay for any such charges, and there shall be no abatement of rent or liability on account of interruption of any such service (unless such interruption is caused by the negligence or misconduct of Lessor). ARTICLE SIX MAINTENANCE AND REPAIR; FIXTURES AND IMPROVEMENTS Section 6.01. Lessee shall, at Lessee's sole expense, keep the Leased Premises, including all garden plots, in good condition, maintenance and repair. Plots shall be maintained so that (i) encroachment of Bermuda grass and other weeds and grasses is stopped or prevented, (ii) crops are harvested regularly, and (iii) the entire Leased Premises is kept so that it presents an orderly and neat appearance. Lessee shall have ninety (90) days from February 15, 2010 to clear the Leased Premises and prepare the Leased Premises for planting of the Community Garden. Section 6.02. In the event that the Leased Premises is not maintained as required in Section 6.01, Lessor shall notify Lessee in writing, and Lessee shall have fourteen (14) calendar days from the date of the notice to cure the non-compliance. If Lessee does not cure the non- compliance within fourteen (14) calendar days from the date of the notice, Lessor may terminate this Lease pursuant to Section 11.01 below. Section 6.03. Upon termination of this Lease, Lessee shall surrender the Leased Premises to Lessor in substantially the same condition as at the commencement of the Lease, excepting only ordinary wear and tear and damage. Section 6.04. On or prior to the beginning of the Term, Lessee shall conduct a thorough and diligent inspection of the Leased Premises. Lessee's taking possession of the Leased Premises shall be conclusive evidence that the Leased Premises are in good order and satisfactory condition as of Lessee's taking possession. No promises of Lessor to alter, remodel, repair, or improve the Leased Premises and no representations respecting the condition of the Leased Premises have been made by Lessor to Lessee, other than as expressly contained in this Lease. Section 6.05. Lessee shall affix on the Leased Premises a sign for the Community Garden in such color, size, style, location, and materials as approved in advance by Lessor. The sign must be clearly visible and legible from the street abutting the Leased Premises. Section 6.06. Lessee shall not install, erect, assemble, manufacture, fabricate or construct any permanent structure on the Leased Premises; provided, however, that plant - supporting structures, fencing, temporary storage facilities, and rainwater caches are allowed on the Leased Premises, subject to the prior approval of Lessor. Shade structures shown on the garden plan ("Garden Plan") shown on Exhibit `B", attached hereto and made apart hereof for all purposes, shall be allowed. No underground irrigation shall be installed or utilized on the Leased Premises, except as shown on the Garden Plan. Spigots shall not be installed within thirty-five feet (35') of any other spigot on the Leased Premises. Lessee shall ensure that Lessor has access into any fenced area on the Leased Premises at all times. Upon the termination of this Lease or within a reasonable time thereafter, not to exceed ten (10) days, Lessee shall remove, at Lessor's sole discretion, personal property, plant -supporting structures, fencing, and/or temporary storage facilities owned or placed by Lessee, its subtenants or licensees, in, under, or on the Leased Premises. Any such items not removed in accordance with this Section 6.06 will become Lessor's property. Section 6.07. Lessor and its agents and employees have the right to enter upon the Leased Premises at any reasonable time to examine its condition and for any other purpose deemed reasonable by Lessor. Lessee shall make a representative available immediately upon request by Lessor to accompany Lessor on the Leased Premises. ARTICLE SEVEN INDEMNIFICATION Section 7.01. LESSEE COVENANTS AND AGREES, AT ITS EXPENSE, TO PAY, AND TO INDEMNIFY AND SAVE LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST AND FROM, ANY AND ALL CLAIMS BY OR ON BEHALF OF ANY PERSON, FIRM, CORPORATION, OR GOVERNMENTAL AUTHORITY ARISING FROM THE OCCUPATION, USE, OR POSSESSION OF THE LEASED PREMISES, INCLUDING ANY LIABILITY FOR VIOLATION OF CONDITIONS, RESTRICTIONS, LAWS, ORDINANCES, OR REGULATIONS AFFECTING THE LEASED PREMISES OR THE OWNERSHIP OR OCCUPANCY OR USE THEREOF (TO THE EXTENT SUCH VIOLATIONS DID NOT EXIST PRIOR TO THE COMMENCEMENT OF LESSEE'S OCCUPANCY OF THE LEASED PREMISES). LESSEE SHALL RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE LESSOR, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM LESSEE'S USE OF THE LEASED PREMISES AND WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, OR INVITEES OR THE JOINT ACT OR OMISSION OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBLESEES. LESSEE IS EXPRESSLY NOT LIABLE FOR AND DOES NOT INDEMNIFY FOR ANY ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WHICH HAVE OCCURRED PRIOR TO THE DATE OF LESSEE'S INITIAL OCCUPANCY OF THE LEASED PREMISES. Section 7.02. Lessor, its members, directors, officers, agents, and employees shall not be liable to Lessee or to any other party whomsoever for any death, injury, or damage that may result to any person or property by or from any cause whatsoever in or on the Leased Premises or any part thereof unless caused by the negligence or willful misconduct of Lessor, its members, directors, officers, agents, or employees. LESSEE SHALL INDEMNIFY AND HOLD LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM AND DEFEND THEM AND EACH OF THEM AGAINST ANY AND ALL CLAIMS, LOSSES, OR JUDGMENTS FOR DEATH OF OR INJURY TO ANY PERSON OR DAMAGED PROPERTY WHATSOEVER INCURRED IN OR ON THE LEASED PREMISES, AND PART THEREOF, FROM AND AFTER THE DATE OF THIS LEASE UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST LESSOR BY REASON OF ANY SUCH CLAIM, LESSEE, UPON WRITTEN NOTICE FROM LESSOR, SHALL RESIST OR DEFEND SUCH ACTION OR PROCEEDING. 5 Section 7.03. AFTER A DEFAULT OF LESSEE, LESSEE AGREES TO PAY AND TO INDEMNIFY LESSOR AGAINST ALL LAWFUL AND REASONABLE COSTS AND CHARGES, INCLUDING REASONABLE COUNSEL FEES, INCURRED DUE TO SUCH EVENT OF DEFAULT, IN OBTAINING POSSESSION OF THE LEASED PREMISES FROM LESSEE OR IN TERMINATING THE LEASE, OR IN ENFORCING ANY COVENANT OR AGREEMENT OF LESSEE CONTAINED IN THIS LEASE. Section 7.04. The provisions of this Article Seven shall survive the termination or expiration of this Lease. ARTICLE EIGHT INSURANCE Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the Leased Premises. The cost of such insurance shall be borne by the Lessee, unless otherwise specified. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. Commercial general liability: $500,000.00 combined single limit per occurrence for bodily injury, personal, and property damage. $1,000,000.00 aggregate. (The general aggregate limit shall apply separately to this project/location or the general aggregate shall be twice the required occurrence limit.) 2. Automobile liability insurance: $1,000,000 each accident on a combined single limit basis. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits requested, except after 30 days' prior written notice by certified mail return receipt requested, has been given to the Lessor. Insurance is to be placed with insurers approved or licensed to do business in the State of Texas with a Best's rating of no less than A-; VII. Lessee shall furnish the Lessor with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. In addition, the Lessor, its officers, and employees are to be endorsed as an "Additional Insured". The Lessor reserves the right to obtain complete, certified copies of all required insurance policies, at any time. ARTICLE NINE EMINENT DOMAIN If any part of the Leased Premises is taken by eminent domain, Lessor and Lessee may terminate this Lease. If neither Lessor nor Lessee elects to terminate the Lease, all sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, will be the property of Lessor without prejudice, however, to claims of Lessee against the condemning authority for moving costs. If this Lease is terminated under this Article Nine, Rent will be payable up to the date that possession is taken by the condemning authority, and Lessor shall refund to Lessee any prepaid unaccrued Rent less any sum then owing by Lessee to Lessor. ARTICLE TEN SUBLETTING, ASSIGNING, AND MORTGAGING Unless the prior approval of Lessor is obtained, Lessee may not assign its interest under this Lease or sublease the whole or any part of the Leased Premises and any attempted assignment or sublease shall be void, provided, however, that nothing contained herein shall prohibit Lessee from leasing individual garden plots within the Leased Premises to members of the public, provided that Lessee makes the individual garden plots available to all members of the public. ARTICLE ELEVEN EVENTS OF DE>F'AULT; TERMINATION Section 11.01. If Lessee defaults in performing any covenant or term of this Lease and does not correct the default within fourteen (14) days after the date of the written notice from Lessor to Lessee or an additional reasonable period if Lessee is proceeding with diligence to cure the default, Lessor may declare this Lease, and all rights and interest created by it, terminated. If Lessor elects to terminate, this Lease will cease as if the day of Lessor's election were the day originally fixed in the Lease for its expiration. Section 11.02. Upon the termination of this Lease, Lessor may then or at any time thereafter re-enter and take complete and peaceful possession of the Leased Premises, with or without process of law, and may remove all persons therefrom, and Lessee covenants that in any such event it will peacefully and quietly yield up and surrender the Leased Premises to Lessor. Section 11.03. No default by Lessor hereunder will constitute an eviction or disturbance of Lessee's use and possession of the Leased Premises or render Lessor liable for damages or entitle Lessee to be relieved from any of Lessee's obligations hereunder (including the obligation to pay rent) or grant Lessee any right of deduction, abatement, set-off, or recoupment, or entitle Lessee to take any action whatsoever with regard to the Leased Premises or Lessor until thirty (30) days after Lessee has given Lessor written notice specifically setting forth such default by Lessor, and Lessor has failed to cure such default within said thirty (30) day period, or if such default cannot reasonably be cured within said thirty (30) day period, then within an additional reasonable period of time so long as Lessor has commenced curative action within said thirty (30) day period and thereafter is diligently attempting to cure such default. Section 11.04. No waiver by the parties to this Lease of any default or breach of any term, condition, or covenant of this Lease will be deemed to be a waiver of any other breach of the same or other term, condition, or covenant contained in this Lease. No provision of this Lease may under any circumstances be deemed to have been waived by either party to this Lease unless such waiver is in writing and signed by the party charged with such waiver. Lessee agrees that the receipt by Lessor of rent with the knowledge of the breach of any covenant or condition of this Lease by Lessee will not be deemed to be a waiver of such breach, and no provision of this Lease will be deemed to have been waived by Lessor unless such waiver is in a written instrument signed by Lessor. Section 11.05. 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, provided, however, that any termination pursuant to this Section 11.05 shall not be effected until the first to occur of (i) the conclusion of the then -current growing season, or (ii) December of the then -current calendar year. The notice 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 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 this Lease is terminated under this Section 11.05, or as a result of the expiration of the Initial Term or any Renewal Term, neither party shall have any further obligation or liability to the other under this Lease. 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. ARTICLE TWELVE MISCELLANEOUS Section 12.01. Neither this Lease nor any provision hereof may be changed, waived, discharged, or terminated, except by an instrument in writing, signed by the party against which the enforcement of the change, waiver, discharge, or termination is sought. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Section 12.02. The headings in this Lease are inserted for reference only, and shall not define or limit the provisions hereof. Section 12.03. This Lease shall be fully executed when each party has signed and delivered to the other (by mail, overnight delivery, facsimile or e-mail) at least one counterpart, even though no one counterpart contains the signatures of all the parties to this Lease. Section 12.04. In the event that any clause or provision of this Lease shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. Section 12.05. This Lease expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Lease. Section 12.06. All notices, consents, or other communications required or permitted hereunder shall be deemed sufficient if given in writing and delivered personally or sent by public or private express mail or by U.S. Certified Mail, Return Receipt Requested, postage prepaid, to the other party at the following addresses. If to Lessee: Fairmount Neighborhood Association P.O. Box 12348 Fort Worth, Texas 76110 Copy to: Susan Harper 2248 5th Avenue Fort Worth, Texas 76110 and If to Lessor: Director of Parks and Community Services City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Copy to: City Attorneys Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. [Signature Page Follows] 0 540 IN WITNESS WHEREOF, this Lease is executed by the parties to be effective on the 'day of 20096 10 APPROVEQ AS i0 FORM AND LEGALITY: 1,f IG1 1� ATTORNEY by: LESSOR: CITY OF FORT WORTH Fernando Costa, Assistant City Manager LESSEE: VN•oKNA rv, �jh� Wo� ' `ss;(,Texas non- profit co ration CoRtract A:uthoriaaitiox �cr Date OFFICIAL, RECORD CITY SECRETARY FT: WORTHv TX io STATE OF TEXAS COUNTY OF TARRANT § /d This instrument was acknowledged before me this them day of /4,qR , 200/ by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. E�OZ Ol �I�f S38IdX3 NOIS9I1000 AW 8131NVa VINOA3 STATE OF TEXAS § COUNTY OF TARRANT § otary Public, State of Texas �I (� T ' instrument w acknowledged before me this the ,Y L day of (iJ��et , `i�909, by i President of the �aL�eJC Mfi uy� a T nonprofit corporation, on behalf d a 5 VVvtYwl46lu,n kx,A A.i�Ct1,�5 o ary Public, State of T 11 Exhibit "A" RULES FOR COMMUNITY GARDENS ON PROPERTY OWNED BY THE CITY OF FORT WORTH 1. All trash and compost receptacles shall be provided by Lessee. Each gardener is responsible for disposal of trash. Trash shall not be placed in common areas or roadways. No trash from off the property may be placed in the trash receptacle. 2. Gardening activities shall only be allowed during daylight hours. 3. Dogs, cats, and other animals are not allowed on the Leased Premises, except for service animals. 4. Children must be supervised at all times they are on the Leased Premises, 5. Weapons are prohibited from the Leased Premises. 6. Power equipment, including but not limited to rototillers, lawn mowers, and power weed trimmers, may be operated only by individuals seventeen years of age and over. 7. No illegal plants, trees, cacti, castor beans or other poisonous plants may be planted. 8. Smoking and chewing tobacco is prohibited. 9. Diseased and pest -ridden plants must be removed from the Leased Premises or placed in a trash receptacle to prevent spreading. 10. Use of chemically treated wood (e.g., wolmanized wood) is not allowed, except for fencing that is set in concrete. 11. Unattended watering is not allowed, with the exception of soaker hoses. Soaker hoses may be left on unattended for no more than 3 hours during daylight hours only. Gardeners using sprinklers or hoses should take into account wind and temperatures to ensure as little waste as possible. Gardeners must follow all rules associated with the City of Fort Worth Water Restrictions/Drought Plan. 12. Amplified music shall not be allowed without a permit. 13. Use of raw human or animal waste is not allowed due to environmental and health concerns. Fully composted manures such as steer and chicken manure are allowed. 14. No one shall be on the Leased Premises while under the influence of alcohol or illegal drugs. 12 City of Fort Worth, Texas Mayor and Councii CI COUNCIL ACTION: Approved on 1/26/2010 unication DATE: Tuesday, January 26, 2010 REFERENCE NO.: **L-14917 LOG NAME. 17COMMUNITYGARDENS 1 SUBJECT: Authorize the Lease of 1504 and 1510 Fifth Avenue to Fairmount Neighborhood Association for Use as a Community Garden for Rent of $1.00 Per Year (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the lease of 1504 and 1510 Fifth Avenue to Fairmount Neighborhood Association for use as a community garden for rent of $1.00 per year. DISCUSSION: Staff of the Housing and Economic Development and Parks and Community Services Departments has been approached by citizens expressing an interest in developing community gardens in the City A Fort Worth. Working with members of the community, staff developed criteria for the development of the gardens. Major points of the criteria and management of the community gardens, which points are included as terms of the lease, include: 1. City —owned vacant properties may be leased for the purpose of a community garden; 2. The leased premises are solely for the purpose of recreational growing of ornamental or edible plants; 3. The lessee shall pay to the City rent in the amount of $1.00 annually for the term; 4. The lessee shall, at lessee's sole expense, keep the leased premises, including all garden plots, in good condition, maintenance and repair; and 5. The City shall have the right to terminate the lease at any time for any reason unrelated to lessee's default or breach by giving lessee 30 days written notice prior to the intended termination date provided that any such termination shall not be effected until the first to occur of (i) the conclusion of the then —current growing season or (ii) December of the then —current calendar year. This garden may be a catalyst for community gardens Citywide and can benefit the citizens of Fort Worth by potentially providing a catalyst for neighborhood and community development, increasing property values in the immediate vicinity, beautifying neighborhoods, conserving resources, reducing crime, preserving green space, improving the ecosystem, reducing city heat from streets and parking lots, creating opportunity for education and producing nutritious food. Community gardens have been successfully established throughout the United States in cities such as Portland, Oregon, Chicago, Illinois, San Antonio, El Paso and Dallas, Texas. This lease will be for a term of five years, and may be renewed for up to three successive one year terms at the City's option. This renewal action does not require M&C. Address Legal Discription Zoning 1504 5th Avenue Block 5, Lot 2, Lloyds Addition B 1510 5th Avenue Block 5, Lot 3, Lloyds Addition B This property is located in COUNCIL DISTRICT 9, Mapsco 76M. FISCAL INFORMATION: The Financial Management Services Director certifies that the Department of Housing and Economic Development is responsible for the collection and deposit of funds due the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 3GO1 481306 0176100 $1.00 CERTIFICATIONS: Submitted for CityManager's Office b Originating Department Head: Additional Information Contact: ATTACHMENTS 1. accountverification.pdf Thomas Higgins (6140) Jay Chapa (6192) Cynthia Garcia (8187) La Price Tatum Forbes (8368)