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HomeMy WebLinkAboutContract 19602 LEASE AGREEMENT STATE of TEXAS COUNTY OF TARRANT 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 All Seasons Yachts, Inc. . a Texas Corporation, hereinafter referred to as "Lessee" . SECTION 2 . For and in consideration of the rental payments to be paid hereunder and the further agreements of the parties expressed herein, Lessor does hereby lease, let and demise the property described as f ollows Marina Park, Fort Worth, Tarrant County, Texas, and as more specifically described in the attached Exhibit "A" , attached hereto and incorporated herein. SECTION 3. This lease shall commence on Z r and terminate on April 1, 1998 unless a prior termination is effected by either party hereto pursuant to the termination provisions expressed herein. SECTION 4 . As consideration for this lease, Lessee agrees to pay annual rent to Lessor in the sum of one Dollar ($1 . 00) per year. SECTION 5 . Lessee shall pay promptly all taxes, monthly charges, assessments and/or levies of any nature or character wbatsoever OFFICK RECON CITY ARAPGAMETUY FT. V1 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. SECTION 6 . Lessee covenants and agrees that at all times during the term of this agreement, Lessee will operate the leased premises as a public park for the use, benefit and enjoyment of the public. Lessee agrees that with respect to admission of the public and the charge therefor, Lessee will not discriminate as to race, religion, color, sex, national origin, age, or disability. SECTION 7 . As further consideration for this lease, Lessee covenants and agrees : a) to establish controlled operating hours during which the public shall have access to the leased premises upon payment of a reasonable admission fee; b) to maintain the leased premises in a safe, clean, neat and attractive condition at all times; C) to provide reasonable security for all persons, equipment and structures on the leased premises; d) to provide sufficient parking spaces for all persons admitted to the leased premises, provided, however, that no fee other than the flat admission fee shall be charged; e) to provide at all times during hours of operation at least three telephones to which the public has access; 2 f) to provide at all times during hours of operation restrooms to which the public has access, sufficient in number, and maintained by Lessee in safe and sanitary condition; g) to provide at all times during hours of operation adequate drinking water which meets all Texas Department of Health drinking water regulations, to which the public has access, including at least two drinking water fountains; h) to establish and maintain separate swimming and boating areas, if such activities are permitted by Lessee; i) to have available at all times during hours of operation sufficient first aid supplies, other emergency equipment, and trained personnel to ensure the safe operation of the leased premises; j Starting in 1993 an continuing during the entire term of the lease: ( 1 ) to provide security personnel during the months of March through September, inclusive; (2 ) to add two (2) restrooms to the existing facilities; ( 3) to add fifteen ( 15) picnic tables to the existing thirty-seven picnic tables, for a minimum of fifty- one ( picnic tables; 3 (4 ) to add twenty ( 20) charcoal grills and smokers to the ten ( 10) existing grills and smokers, for a minimum of thirty ( 30) grills and smokers; (5 ) to add five (5 ) loads of white sand to the beach area; (6 ) to add two (2 ) water fountains to the existing facilities; (3 ) to continue with two (2 ) in-water volleyball courts, to resand the existing volleyball court, and to add one ( 1 ) additional volleyball court; (8 ) to install special drains to eliminate present erosion problems; (9 ) to add a floating swimming and diving platform; k) Starting in 1994 and continuing during the entire term of the lease, to add a music and paging system; 1} Starting in 1995 and continuing during the entire term of the lease: ( 1 ) to install a concrete pad for the band shell for in-park entertainment. (2) to install additional evening park lights for security; ( 3) to install an underground sprinkler system; m) To repair and maintain the complete facility, including the replacement of existing improvements as needed. Such improvements as may need replacement include, but are not 4 limited to, picnic tables, charcoal grills and smokers, game equipment, and white sand on the beach. SECTION $ . 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 permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. SECTION 9. Lessor expressly disclaims any warranty of suitability 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 property "as is" , expressly accepts the premises in their present condition as being suitable for all purposes of this lease, and expressly waives any implied warranty of suitability. SECTION 10. Lessee agrees that he will maintain the leased premised and keep same in good repair at Lessee's sole cost and expense. All maintenance, repair and upkeep of the leased premises shall be in accordance with all applicable city ordinances and Park and Recreation department rules, regulations, and specifications. 5 SECTION 11 . 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. Upon the termination of this lease, whether by expiration of its term or by its earlier termination as provided herein, the title to any and all improvements placed or constructed on the leased premises including, but not limited to, those improvements specified in Section 7 of this lease agreement., shall revert to Lessor. Lessee covenants and agrees that he will not be entitled to any reimbursement for the cost or value of any such improvements . In addition, upon expiration or termination of the lease, Lessee shall be responsible for removing any personal property owned by or otherwise belonging to Lessee and not deemed to be the property of Lessor. The removal of any personal property of Lessee shall be accomplished solely through Lessee's efforts and solely at Lessee's expense. SECTION 121P Lessee shall not assign or sublet this lease without the prior written approval of Lessor. Lessee shall likewise not mortgage or encumber the leasehold in any way without such prior written approval. SECTION 13. 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 6 upon which the termination would be based. Lessee will have thirty ( 3 0 ) 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 at any time for any reason unrelated to the other party's default or breach of any of the terms expressed herein upon thirty ( 30 ) days' written notice to the other party prior to the intended termination date. If this lease is terminated by Lessor, all rights of Lessee shall cease and Lessee shall, within ninety ( 90) days after termination, 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 disposed of by Lessor. Lessee shall make no claim of any kind against Lessor for the termination. SECTION 14 . The waiver by Lessor of any def cult 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 or condition or of any other term, covenant or condition of this lease, regardless of when the breach occurred. SECTION 15. Lessor reserves the right to enter upon the leased premises at all reasonable times for the purpose of inspecting the premises or 7 otherwise using the premises, consistent with Lessees rights hereunder. SECTION 15 . It is expressly understood and agreed that Lessee shall perform its obligations and responsibilities hereunder as an independent contractor and not as an officer, agent, representative or employee of Lessor; that Lessee shall have exclusive control of and the exclusive right to control the details of its obligations and responsibilities and all persons performing same; that Lessee shall be solely responsible for the acts or omissions of its of f icers, agents, employees or other persons under its supervision, management and control; that the doctrine of respondeat superior shall not apply as between Lessor and Lessee; and that nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. SECTION 17 . 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 property 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 of 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 8 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 connection with any and all acts or omissions of Lessee, Lessee's officers, agents, servants, employees, contractors, subcontractors, licensees or 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 18 . Lessee agrees that Lessee will , contemporaneously with the execution of this agreement, 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 either; (A) Property Damage, Per Accident $100,000000 Personal Injury or Death, Per Person $250,000 .00 Personal Injury or Death, Per Accident $500.000 .00 OR (B) Combined Single Limit $500.00000 with the understanding of and agreement by Lessee that such insurance amounts shall be revised upward at Lessor's option, and Lessee will also revise such amounts within thirty ( 30 ) days following Lessee's receipt of written notice of such requirements . 9 SECTION 20 . All notices required hereunder shall be sent to Lessor at the following address: Real Property Management City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 All notices of Lessee shall be sent to the following address ,a�� --Z,��Z,Y> -r-- Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage prepaid, certified mail, return receipt requested, 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 on the date notice is mailed unless otherwise specified in the Section requiring notice. SECTION 21 . This lease shall constitute the entire agreement of the parties of this lease and shall supersede any prior agreements of said parties f either oral or written, pertaining to the specific subject matter specified herein. SECTION 229 This lease and the relationship created hereby shall be governed by the laws of the State of Texas. Venue for any action 10 brought to interpret or enforce the terms of this lease shall be in Tarrant County, Texas, SIGNED this _ � day of 19 ATTEST: LES OR: I Y o ORT WORTH B y r City Secretary Assistant City Manager APPROVED AS TO FORM AND L GALITY: LESSE Io L SEASONS CHTS, INC. c By: ez�� '' J�M n Swanson, President A sista City Attorn y -- -—--------- • COntract Authorization STATE of TEXAS § date ' COUNTY of TARRANT § BEFORE E, t e -zdersxigned authority, on this day personally appeared C...,_ r�..�_. �'L , 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, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN NDER MAY HAND AND OF OFFICE this the(ca, day of lj 1 , , A. Do , 19 ar F . • V. } ! tit �.� t * STATE OFTWS Notary Public in and for � M,Cow.'Ev,JV 2104 The State of Texas My Commission Expires: ,7 . 11 STATE of TEXAS COUNTY of TARRANT BEFORE ME, the undersigned authority, on this day personally appeared JoAnn Swanson, President, 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 All Seasons Yachts, Inc. , a copporation, and that she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. f Notary Public in and or The State of Texas My Commission Expires: 12 EXHIBIT TWO FIELD NOTES FOR MARIHA PARK LAKE UORTH LEASES A parcel of land out of the doses Townsend Survey Abstract. Ho, 15529 also being a portion of Lake worth Leases called Har i na Park adjacent to Lot 9-R, Block 8, as shown on the Laka worth Lease naps on file in the Transportation and Public Uorks Department, City of Fort Uortth, and being more particularly described as follows: BEGINNING at the most southerly southeast corner of said Marina Parks. said point. also being the northeast corner of said Lot 9-R. Block 8, and being in the westerly line of Marina Drive; THENCE: North 29 degrees 30 minutes East, along the southeasterly line of said park and said westerly line of Marina Drive, 82.70 feet to a point; THENCE: Horth 48 degrees 33 minutes East, continuing with said lines 64.C0 feet to a point for the most easterly corner of said park and being in the westerly line of Tompkins Corner; THENCE: Horth 32 degrees 31 minutes Uest s. along the easterly line of said park and said westerly line of Tompkins Corner, 512. 12 feet to a point at the shore line of Lake Uorth; THENCE: Along the shoreline of Lake worth these f o 1 1 ou i ng courses and distances South 89 degrees 32 minutes Uest, 121 .29 feet to a points and South 75 degrees 52 minutes 36 seconds west 81 .27 feet to a point, and South 79 degrees 20 minutes 28 seconds west 55. 17 feet to a point, and South 83 degrees 04 minutes 56 seconds west 20 . 11 feet to a point, and South 41 degrees 37 minutes 46 seconds Uest 1 1 . 12 feet to a point, and South 10 degrees 16 minutes 05 seconds East. 98.01 f eet to a point, and South 03 degrees 10 minutes 30 seconds Uest 53.45 feet, to a point, and South 25 degrees 55 minutes 04 seconds Uest, 60.09 feet to a point, and South 22 degrees 55 minutes 29 seconds Uest 66. 11 feet to a point, and South 32 degrees 52 +n i nutes 55 seconds Uest, 59.0 feet to a point for the most westerly corner of said park and being the most northerly northwest corner of Lot 9-R, Block 8. THENCE: Along the southerly line of said park and the northerly line of said Lot 9-R these following courses and distances, South 72 degrees 49 minutes East, 254 .20 feet to a point and South 48 degrees 15 minutes East, 140 .0 feet to a point and South SE degrees 20 minutes East 191 .0 feet to the POINT of BEG I HH I NC and containing 208}694 ,0 square feet of land more or 1 ess. City Texas Maycoowrr and • CAOrMMUnication r A'rE REFERENCE HUMBER L NAME PAGE 03/30/93 �-1��68 3vYACHT 1 of 1 SUBJECT LEASING OF MARINA PARK TO ALL SEASONS YACHTS INC. RECOMMENDATION: It is recommended that the City Council approve the leasing of the area on Lake Worth known as Marina Park for $1.00 per year to All Seasms Yachts. . to operate and maintain Marina Park. The lease will be for five years. DISCUSSION: Marina Park is located on Lake Worth adjacent to Lake Worth Marina which All Seasons Yachts, Inc. (Joanne and Jerry Swanson) owns and operates. All Seasons Yachts, Inc. will be responsible for the maintenance, management and improvements to the park during the five-year term of the lease, The City of Fort Worth will become owner of all the improvements upon expiration of the lease. The area known as Marina Park has been utilized as a park for several years; however, this property has never been dedicated as a park. Currently serious problems exist for the Park Police and City Police due to gang--related violence and other activities. Overcrowding has also resulted in crowd control problems for the adjacent marina facility. In exchange for the lease rate ($1.00 per year) , All Seasons Yachts, Inc. has agreed to provide, among other things, security personnel during the months of March through September, improved parking facilities, additional restrooms, swimming and diving platforms, public telephones, music and paging systems, picnic tables, grilles, drinking fountains and other park-related amenities. These improvements and installations will be implemented during the first three years of the five-year lease in accordance with an agreed-to program. All affected departments have reviewed this proposal and concur with the intended use of the property under the proposed agreement. This property is located in DISTRICT 7. MG:v Su fitted for City Manager's FUND ACCOUNT J CENTER AMOUNT CITY SECRETARY Office by: to Mike Groomer 6140 Originating Department Head: CITY C OUNICIL A. Douglas Rademaker 6157 rom hop 30 1993 For Additional Information of e Contact. city s� ?eras pity of Fort Worth, Jane Goodspeed 8363 Printed on recycled paper