HomeMy WebLinkAboutContract 19060 4L
'TA R)
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
SECTJQN
This ground lease agreement is made and entered into at Fort
Worth , Texas , h)y and the City of Fort Worth , hereinafter
referred to as "Lessor" a rl..d A1, 1 an J c h n Se o u d e r s and Kathleen
Souders , whose-, a dd t F-s s is 4025 Marina Drive , Fort Worth.,
Texas 76135 , hereinafter referred to as "Lessee." .
SECTION 2 .
For and in consideration of the rental payments to he paid
hereunder and the fijrt-Yiei- of the parties express-ed
herein, Lessor does hereby lease , let and demise the property
described as followc-
,
Marina Park, Fort Worth, Tarrant County ,
Texas and as more specifl-cally desc. ribed in
the attached Exhibit "A", attached hereto and
incorporated herein.
SEC T I ON 3 o
This lease sha l 1 be for a period of one ( 1 ) year commencing
on April 15 , 1992 , and terminating on April 14 , 1993 unless a
prior terminat-ion i s effected by either party hereto pursuant to
the termination previsions expressed herein.
SECTION_ 4.
As consideration for th:*..-:. lease- , Lessee agrees to pay annual
rent to Lessor in the sum of One Dollar ( $1 . 00 ) per year .
SECT10N 5 .
Lessee shall pay promptly all taxes , monthly charges ,
assessment: 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
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 pa r k for: the -is to , benefit and en j oymen. � the
public . Lessee agrees that with respect to he
public and the charge t.heref or: , Lessee will no
t o ace, religion , �.:o l or , sex : national 0 1 ' n or
b
2
disability .
SECTION ? .
As further consideration for this 1 ease r Lessee covenants
and agrees :
a) to establ - sh controlled operating hours during which
the public shat 1 have access t.c) the leased premises
upon payment of a reasonable admission fee ;
b) to maintain the leased premises ire, a safe, clean, neat
and attractive condi ticin at all times;
C) to provide reasonable security for all per-sons,
equipment arid st is u(:-,tur E:•.; on the leased premises ;
d) to provide sufficient parking spaces for a l l persons
admitted to t.h.e leased premises , provided , however ,
that no fee ether- 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 ;
f ) to provide at all t i.mes during s erati on
rest r ooms to whi.ch the public has ss ent in
number , and maintained by Lessee 1. s a _tar
y
condition : iAs
g to provide at a' t i ces t i.i'-1 Yig hours of operat : on
adequate drip-king water which meets all Texas
3
Department of Health drinking waver r.egulati.orxs , to
which the public has access , including at least two
drinking water tountains ;
h) to establish and maintain separate swimming and boating
areas , if stjch activities are permitted by Lessee;
i ) to have available at a l l times during hours of
operation -uffi.c-lent f i rst aid supplies , other
emergency equipment , and trained personnel to ensure
the safe operation of the leased premises t
SECTION 8 .
Lessee shall comply with a l l applicable laws prevailing in
the jurisdiction in which the leased premises are located .
Lessee shall not commit nor allow to be corrimitted any waste
on the leased premi ses , nor shall Lessee maintain, commit or
permit the maintenance or corrimission of any nuisance on the
leased premises C 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
6"1
warrant that there are no latent defects in the pr e
vital to the L elssee ' s Ilse C)f the Preml SEAS for ei e
purpose and that the premises will remain i t
4
condition. Lessee expr ess l y agrees to lease the property "as
• �it
1 , expressly accepts the premises, in their present condition as
being suitable f =r a 1 l p11I Poses of t-hi s lease , and expressly
waives any implied warranty of sUl tabi1ity .
S L.(-� f- I O N 10 w
Lessee agrees that he will maintain the leased premises and
keep same in goad r epai i 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 .
SECTION 11 .
Lessee shall not construct any improvements on the leased
premises without the pr i or written consent of Lessor , and any
improvements shall be constructed, at the sole expense of Lessee .
Upon the termination ref this lease , whether by expiration of its
term or any renewal term hereof or by its ear 1 ie1- termination as
Provided herein , the title to any and all improvements placed or
constructed on the leased pr emi st,7- S. shall revert to Lessor .
Lessee covenants and agrees that he will not be entitled to any
A
reimbursement for the cast or value of any suq
L6-�
In addition , upon expa r-atin or t errs: nation of t e se - e
.&A&"
shall be responsible for removing any personal p r OYM r n b
IfAw
or otherwise bel _-,:ng:i ng k t,:) Le:��sr'P ai)d not deemed t o 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 12 .
Lessee shall not assign or sublet. this lease without the
prior written approval of I,esw car . Lessee shall likewise not
mortgage or encumber the leasehold in any way without such prior
written approval. .
SECT I N 3 .
If Lessee is in d afaul t of any provision of this lease .,
Lessor may give notice to of termination of the l ease 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 w h i c the
termination is based or the lease sha 1 l be terminated .
Either party shall have the right to terminate this lease at
any time for any reason unif elated to the other party ' s default or
breach of any of the terms expressed herein upon thirty (
days ' written notice to the other party prior to the intended
termination date . -
Nil
f
T f this lea.,--_.;e i s t er ni not gad by �_j _.,�.��.�r , a1 �. z s e�.�ee
1 110 shal 1 cease and Lessee _,hal 1 , within ninety, } a ter
te-L-mination., vacate the prem ..„es and return the pr(axnises tct Its
original condition. Any Property oil Lessee not removed within
ninety ( 90 ) days , at 1s��_':stir ' s elect 1 ,gin , may be retained and
disposed of by Lessor , Lessee shall make no claim of any kind
against Less or for the t ei:mi.r at i oil.
SECTION 14.
Thr waiver Y__r Of any defaul t or breach of a term,
covenant or condition of this lease shall. not be deemed to be a
waiver of any other Yjr ea_,h of that: t ei,m. covenant or condition Or
of any ether term, .�ove,nant or condition of thi:- lease,
regardless of when the 11�r each c)cYcurred.
SECTION 15,
Lessor reserves the right to enter upon .the l etased premises
at all reasonable times for the purpose of inspecting the
premises or otherwise using the 11r-emi see , consistent with
Lessee ' s rights her .eirn.der .
SECTION J.5
It is expressly understood and agreed that Lessee shall
perform j t` ob I i 3l t oi1 : a.n r F' ponS,i b � 1 t 1.�'.'�� hereunder as an
independent contractor and not as an o -agent ;RCU'llu
repa” e }e tat ive or en pl oyee of Lessor ; that Less shall, have
441 tRy
exclusive control i)f and the- exclusive right, to control the
details of its ob1 igati C)n ; and responsibilities and all persons
performing same ; that Lessee shall be sot el y responsible for the
acts or omissions of its officers , {agents , employees or other
persons under its tipervi s �, m-Zinagement 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 par tnersh:i P or joint enterprise between Lessor and
Lessee.
SECTION 17 .
Lessee covenants and agrees to indemnify , hold harmless and
defend Lessor , i t s of f i cer e; , agents , servants and employees ,
from and against any and a l l cl l a im s or suit. for property damage. ,
loss and/or personal injury , J n c I uding death, to any and al. l
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 , whet her or not caused , in whole or in
part , by alleged negligence of officers , agents , servants ,
employees , customers , cnnt r act,or.s , suhcopt'r-& - �� 1 i cen%-J e e s or
• r+i i?
invitees of Lessor; and Lessee hereby assumes l ',lily and
i�
,pit, r
responsibility ot Lessor , i � �, officer.- , e' rVants and
Mine
employees , for property damage or loss r al �,raJury,
including death , to arty and a l 1 per sons , of whatsoever hind or
character , whether real or asserted , arising out of or in
rr•
L T•i
connection with , di r. e c t 1 y or indirectly the leasing , use of
occupancy by lessee of said premises during the term of thi >
agreement , whether or not caused , i ri whole or 1 n part , by the
alleged negligence of officers , agents , servants , employees ,
patrons , contractors , s>ubcont ractor s , licensees or invitees of
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 o44 in connection with
any and. all acts or: om.1s s- ions 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 ,
empl ogees , pat r ons , contractors , stibcon t ractors , licensees or
invitees of Lessor .
SECTION
Lessee agrees that Lessee wi. 11 , contemporaneously with the
execution of this agr' ' ment , pr: ovi cue Lessor with a certificate of
insurance as proof th,.j. T}es see has securec:l and pai.(3 for a pol icy
of public l i a b i l i t y i nsur apace covering a l l public r sks r e l at ed
to the leasing, use and occupancy of tht, T.jeased Premises . At
present , the amounts of su{_,l:E i nsiiL an(,r-, shall be e:i ther :
l
tat .
-"WWI
(A) Property Damage , Per Accident $1-00 ,000 . 00
Personal injury or Death, Per Person $250 ,OOO . oD
Personal In jiir y or JDeat b , Per Accident $500 ,000 .00
OR
combs ne[i Si Dgl e Limit $00 .000 .o0
with the understanding of and agreement by Lessee that. such
insurance amounts shall be rev1sed tipwaYd at Lessor_ ' ss option.,
and Lessee will also r-evi-ae such amounts within thirty ( 30) days
following Lessee' s receipt of wrI t t en notice of such
requirements .
SECTION 20 .
Al I notices} requi i ed hereunder shall be sent to Lessor at
the following addr ess
Real Property Management
City of Fort Worth
l000 Throckmorton Street.
Fart Worth, Texas 76102
All notices of Lessee shat l be sent to the following
address :
Ty W h a
Mailing of al i not ces pursuant. to shat 1 be
Pti11fwfv.ftn
deemed sufficient i f ina.i l eA postage prepaid and addressed as
speci f i_ed above, un l e.ss either party has been not.1.t i ed in writing
of any change in the other party ' s address . All time periods
related to any notice requirement: specified in this lease shall
commence either on the date noti cp is, ma 1 erg or on the date
notice is received key the party to whom it is sent , depending on
the terms specified in 1.1je Section r e—qui r i ng notice .
SECTION 1 .
This lease shall co nst3 to e the entire agreement of the
parties of this lease and sha1. 1 super:s c;-I�? ar,y prior agreements
of said par t i.es , ei then or a I wr i t t en , pertaining to the
specific subject matter specified herein .
SECI'TON 22
This lease and tI�t,7 r e I a t i o n s h i p created hereby shad. 1 be
governed by the Jaws of the State of 1411 exas . 'venue for any action
brought to interpret or enf r) ce the terms of this lease shall be
in Tarrant-, C"ounty , Texas . SECMTARY
Ono .
L R FEZ
VIM
l�
S"', ONFD t hi s (I a 0.1 19
ATTFST : �,ESSOR : CITY OF FORT WORTH
D
'-3)k'-.1ty Sec etary Assistant City ;ianager
APPROVED AS 110 FORM AND LESSEE:
LEGAL TTY '.
�'Ioe By :
Assistant City t c r n e,y P j--i.Ari t N.L"m e Al aln' john 'u 'ers
h
Of
y
Print. Name : Kathleen Souders
at ion
Date
n U
RECOATS
AMP.
fit
STATE of TEXAS §
COUN'T'Y of TARRANT §
BEFORE ME, the urzder ai q ed authori ty ,, on this day personal I y
appeared I��h ooV �l Qa o , known to ine to be the
person and officer whose namt:�, is subscribed to the foregoing
instrument , and acknowledged to rye that the same was the act of
the said city of Fort Worth, a corporation, and that he execilted
the same as the act of such corpor_ ,at ii on f or the purposes and
consideration therein expressed , and i.n t he capacity therein
stated .
(7I VE,N UNDER MY HAND AND SEAL, of OFFICE this t Ire e.>27- clay
of - - - - - A. T) . 19 9k
SHIRLEY A WILLIAMS •
` Notary Public
STATE OF TEXAS i Notary P 1 i c in a,�,ll f_or T�xe State of Texas
My Cow.Exp.FES 2, 19M
STATE OF TEXAS §
(70UNTY OF TARR.ANT §
BEFORE ME,. the undersigned authority , on this day p(-�rso.rial l y
appeared Allan John Souders , known to me to be the person whose
name is subscribed to t 1,F, f or egoi rig iris- i.ument and acknowledged
to me that she execulU ed the same in t hZl (-apac i.ty indicated, as
the act and E- e e d of �saI d persori and f the purposes and
consideration therein expressed .
C' VEN t DER MY � DTD AN .SAL OF 0F71 CE t_h.i s t hey day
o f ,r, t._ _ A. D .
, 1 9 _ _ •
ALD R. SHOULDERS
- 1 . Wtary Public •Notary Pub .t in and f or The State of Texa:�
x
S 7'A TE OF TEXAS
!�. 9, #T
� � Kew
CITY SECIETAIrf
FT/ WORTA, T
13
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the under-signed authority, can this day personally
appeared Kathleen Souders , li.nown to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged
to me that she executed t.ne same in the capacity indicated, as
the act and deed of said person and for the purposes and
consideration therein expressed .
A
U DER MY HAND AND SEAL OF OFFICE this the � �- da
_ _ _ Y
of �yA A . D. , 19
r4Ld��IC•:YYy�^.SH\i'i1�1C8•,.d.. f..._.. ..�w+rL.AL. � Ir I' �' ,J1 J
�
TY DONALD R. SHOULDERS - - --- -- -
. Notary Fla�_,I i c in and for The state of Texas
-,�Aary Public
STAOrE OF*TEXAS]
r
My Comm.Exp.JAN.9, 1996
We
SECRETARY
FT. wit TDLWW
14
i •
"EXHIBIT All
FIELD NOTES FOR
MARINA PARK
LAKE WORTH LEASES
A parcel of land out of the Closes Townsend Survey Abstract.
Noe 1552, also being a portion of Lake worth Leases called
11ar i na Park adJ scent to Lot 9--R, Block 8, as shown on the Lake
Uorth Lease Daps on file in the Transportation and Public works
Department, City of Fort, worths, and being more particularly
described as follows:
BEGIHHIHG at the most southerly southeast corner of said Marina
Park, said point also being the northeast corner of said Lot
9-R, Block 8, and being in the westerly line of Marina Drive;
THENCE: Horth 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: Korth 48 degrees 33 minutes East, continuing with said
lines 64.60 feet to a point for the most easterly corner of said
park and being in the westerly line of Tompkins Corner;
THENCE: North 32 degrees 31 minutes West, 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 Worth;
THENCE: Along the shoreline of Lake worth these following
courses and distances South 89 degrees 32 minutes Uest, 121 .29
feet, to a point, and South 7S degrees 52 minutes 36 seconds Uest
81 .27 feet to a point, and South 79 degrees 20 minutes 28
seconds Uest 55. 17 feet to a point, and South 83 degrees 04
minutes 56 seconds Uest 20 . l 1 feet to a point, and South 41
degrees 37 minutes 46 seconds Uest 11e12 feet to a point, and
South 10 degrees 16 minutes 05 seconds East 98901 feet to a
point, and South 03 degrees 10 minutes 30 seconds Uest, 63.45
feet to a point, and South 25 degrees 55 minutes 04 Sconds
Uest, 68.09 feet to a point, and South 22 degre m 29
seconds (Jest 66. 11 feet to a point, and Sout
:n i nutes 55 seconds West, 59.0 feet to a poi t f o m st
and being s
wester l y corner of s aid park 9 th O?Xe l y
northwest corner of Lot 9-R, Block S; V I
THENCE: Along the southerly line of said park a e 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 86 degrees 20 minutes East 191 .0 feet to the POINT OF
BEG I HH I NG and containing 208,694.0 square feet of land more or
less.
WOUX34 C� of FlitW Woifk Texas
a G=Wfi nca,, tfo, n
I •"""", "°'., ';"�,T„--+!---"7--.M,.-,.-.' .. ..ti,.i _ s..pr..-�.,..�•w..,p,.,,,,w•- ---..J r r •-'^ f _•.r. " .::,.•..-+ j J ►/ y
'11 r -
` 04114192 **L-10897 055ANDER 1 of 1 LOG NANE
SUBJECT I LEASING OF MARINA PARK TO AL SOUDERS
REC"ENDATION:
I t 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 Al Souders to operate and maintain Marina
Park. The lease will be for one year beginning April 15, 1992 and ending April 14,
1993
Q I SCUSSIOI
Marina Pant,,i s located on Lake worth adjacent to Lake worth Marina which Mr. Souders
owns and operites. The area within Marina Park is a high-crime area. Mr. Souders will
be responsible for the maintenance, management and the following improvements to the
park.
"A`7
1. Controlled operating hours
2. Security ersonnel during the months of March through September
3* Public telephones
4* Adequate s an y restrooms
5. Controlled parking
6. Additional picnic tables
7. Defined swiming areas and boat areas
8. Shuffleboards, volleyball courts and recreation areas
9. First Aid supplies
This area, known as Marina Park, has been utilized as a park for several years;
however, this property has never been dedicated as a park. The area has presented
serious problems for the Park Police and City Police for many years. Gang-related
problems have been frequent in recent years; and, overcrowding has presented parking
problems. Overcrowding has also resulted in crowd management problems for the adjacent
marina facility.
Mr. Souders' proposal wou 1 d relieve the City of a financial burden and create a much
larger facility with adequate parking.
All affected departments have reviewed this proposal and have offered no objection to
such an agreement.
This property is located in DISTRICT 7.
SWnitted for City Managers FUND ACCOUNT CENTER ANOUNT CITY SECRETARY
office by: to
AP p
ROVE� BY
Ramon Gua3 ardo 6143 CITY "�.CIL
Oriqfi�ating Departwft Need:
Joe Bi i and i 5025 V ron)
AP
For Additional Information
Contact:
Jane Goodspeed 5363
city
J* F°a W° '
Printed on recycled paper
F.
46
INTER-OFFICE CORRESPONDENCE
TO Gloria Pearson, Acting City secretary DATE
FROM Jane G. Goodspeed, Administrator
Real Property Management
SUBJECT EXECUTION OF LEGAL DOCUMENT
A
Would you lease have the l- ---� execute the attached
y
instrument. once properly execute with our attestati n affi xed, please return
same to this office farrther {� cess,i r-g. ' Should you have any questions concerning
this request, contact � .� ��' � ='���--� at extension '
Jane G. Goodspeed
JGG:l at
Attachment