HomeMy WebLinkAboutContract 42485 CITY SECRETARY
CONTRACT Nth. tl-4c&S
LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
This Lease Agreement ("Agreement") is made and entered into this
day of
2011 by and between the City of Fort Worth, a home-rule municipal corporation p rp n of
the State of Texas ("Lessor"), acting by and through its duly authorized Assistant pi
ty Manager
and Gregory Asikis, a natural person("'Lessee").
WHEREAS, Lessor recently acquired a tract of land consisting f approximately
g ,pp imately
245.76
9 acres, which land will be held in reserve status for future use and development as a park
(the "Park"); and
p
WHEREAS, prior to Lessor's purchase of the Park, Lessee resided on the r
p operty and
served as a caretaker; and
WHEREAS, Lessor desires to make arrangements to protect and reserve the
. p p Park by
providing for basic maintenance and security while the Park remains in reserve sta •
tus, and
WHEREAS, Lessee has expressed a willingness to rovide the required p q services in
exchange for being allowed to continue residing on a portion of the Park; and
WHEREAS, Lessor and Lessee wish to enter into this Lease to allow Lessee to
continue
to reside on a designated area of the Park in exchange for providing certain specified
. g p g p ed services for
the preservation and benefit of the Park.
WITNESSETH:
I. LEASED PREMISES For and in consideration of the rent to be rovid
p ed hereunder
and the other covenants and promises expressed herein, Lessor does hereby agree gr ee to
lease and demise to Lessee solely the surface of real property situated in the
City of
Fort Worth, Texas, more particularly described as a 0.12 acre tract of unimproved
. p d land
at the terminus of Hidden Lake Road, and being a ortion of the 245.769 acre tract act of
land in the Henry Robertson Survey, Abstract No. 1798, the George Matthews
g Survey,
Abstract No. 1078, the Josiah Walker Survey, Abstract No. 1600 and the James P.
Alford Survey, Abstract No. 53, situated in Tarrant County, Texas as conveyed d to the
City of Fort Worth in Instrument D2 1 1 1 78582, Deed Records Tarrant County,ty, Texas
(the Leased Premises"). The exact boundaries of the Leased Premises are illustrated
in Exhibit A, which is attached hereto and incorporated herein for all
it � purposes as
though 1t were set out at length.
OFFICIAL RECORD
CITY SE- kETARY FT, WORT8, TX
I-E A 5 E AGREEMENT r i_
t-
II. TERM The term of this Agreement shall begin on C lo g c r j ��� and shall
,
conclude on September 30, 2012 (the "Term"), unless terminated sooner in 1
accordance
with Paragraph XIX. The Term may be renewed for successive one-year y ar penods by
the mutual written agreement of the parties.
III. USE OF LEASED PREMISES This Agreement is solely y for the purpose of
permitting the Lessee to place a mobile dwelling structure and reside on the Leased
Premises. Lessee agrees that the Leased Premises will be used solely or '
y residential
purposes and will not be used for any purpose in violation of the law local statute,
ordinance, or regulation. '
IV. ACCEPTANCE OF LEASED PREMISES Lessee takes the Leased Premises and
all appurtenances in"AS IS" condition without an express or implied Y ex p p warranty on the
part of the Lessor. Lessee accepts the Leased Premises in their resent condition,
. p xtion, finds
them suitable for the purposes intended, and further acknowledges that he is
thoroughly familiar with such condition by reason of a ersonal inspection pection and does
not rely on any representations by Lessor as to the condition of the Leased Premises or
their suitability for the purposes intended. Lessee accepts the Leased Premises p emises subject
to any and all previously recorded easements that may have been anted on al
over, under, g�' along,
der or across said property, and releases Lessor from an and all damages,
ages,
claims for damages, loss, or liabilities that may be caused to invitees,, licensees, or
trespassers by reason of the exercise of such rights or rivile es ranted in
' p g g said
easements. Lessees taking possession of the Leased Premises shall be conclusive
evidence (a) that the Leased Premises are suitable for the oses and uses es for which
same are leased; and (b) that Lessee waives any and all defects in and to the Leased
Premises and all the appurtenances thereto. Lessor shall not be liable to Lessee, his
agents, employees, contractors, subcontractors, invitees, licensees or ests far
gu any
damage to any person or property due to the acts or omissions on the Leased Premises
of Lessee, his agents, employees, contractors, subcontractors invitees,
licensees, or
guests.
V. NO SERVICES Lessor shall not fiarnish Lessee with an utilities '
. y , cleaning, lighting,
security, fence, gate, or any other items or services for the Leased Premises
. . . . Any
services or utilities needed by Lessee will be acquired by Lessee at his sole cost.
VI. RENT In lieu of paying monetary rental, Lessee a and obligates agrees bligates himself to
provide certain maintenance and security services at the Park as outlined in Exhibit B,
which is attached hereto and incorporated herein for all oses as though gh it were set
out at length. The parties agree that the services listed in Exhibit B have an estimated
fair market value of Four Thousand Two Hundred Dollars and No Cents
annually and
that such consideration fairly compensates Lessor for the use of the Leased Premises
by the Lessee.
VII. INSURANCE During the term of this Agreement, Lessee shall r
. g � procure and maintain
at all times in full force and effect a policy or policies of insurance i
( ) that provide
liability coverage for Lessee and his actions on the Leased Premises and the Park with
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minimum coverage of at least Five Hundred Thousand Dollars and No
dents
($500,000.00) and (ii) that comply with all of the eneral re uirem. - g requirements provided
herein. Lessors Risk Manager shall have the right to review and evaluate all
g required
insurance coverage and to make reasonable requests or revisions pertainin g types
to the t
and limits of that coverage. Lessee shall comply with such requests or revisions rasa
condition of this Agreement. Further, Lessee agrees to indemnify lfy and hold
harmless Lessor against any and all claims and causes of action for
personal
injury and/or property damage that may arise from out of and/or
due to
Lessee's activities on the Leased Premises and Park or related thereto.
VIII. LIMITATION ON USE Lessee may not excavate dig, '
chemicals, or store toxic
em icalshazardous materials, or large machinery on the Leased Premises or Park
ark
without express prior written permission of Lessor. Lessee may l
y not pow on the
Leased Premises or Park without express prior written ermission of Lessor.sor. The
parties acknowledge and agree that Lessee is the owner of the mobile dwelling
structure current/ located on
• , y the Leased Premises. However, unless otherwise agreed
in writing b the Lessee and ' - g •
g y the Director of the Lessors Parks and Commune Service
. Community
Department, any and all other permanent improvements added to the Leased
Premises
or the Park during the Term of this Agreement shall become art of the e Leased
Premises or Park and thus property of the Lessor.
IX. ASSIGNMENT, SUBLEASE, INHERITANCE Lessee is prohibited assigning
his rights under this Agreement or subletting the Leased Premises or any part thereof
without the prior, written consent of the Lessor. Any attempted assi g nm ent or
sublease
without Lessor's consent shall be void. Lessee's rights under this Agreement gr meat are not
heritable. In the event Lessee dies while this Agreement is in effect the
. � s Agreement
shall terminate, and Lessee's successors, heirs, devisees assigns, or es
. � gn , fate shall be
required to remove any personal property belonging to Lessee.
X. RIGHT OF ENTRY Lessor reserves to itself, its agents, assigns, and
. g � gn. , employees the
right to enter the Leased Premises and Park at an time for the purpose of
• Y purp consulting
with the Lessee, making inspection of the property, conducting regular park-related
. . . Y g gu p k related
activities, making repairs or improvements, installing and repairing petroleum
g p
pipelines, and developing oil, gas, or other mineral resources.
In addition, Lessor does not relinquish the right to control the management g of the
Leased Premises and Park as a park, or the right to enforce all necessary nd r
ary proper
rules for the management and operation of the same. Members of the Lessor's or s police,
fire, parks, code enforcement, and other designated departments shall have right e the ght at
any time to enter any portion of the Leased Premises or Park (without causing r
constituting termination of g
g the Agreement or an interference of the use of the Leased
Premises by Lessee) for the purpose of inspecting and maintaining the s
. g g same and
performing any and all activities necessary for the ro r conduct and P � operation of
public property.
LEASE AGREEMENT
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i
XI. FAILURE TO COMPLY WITH RENTAL OBLIGATIONS If Lessee fails to
perform services in accordance with Exhibit B or fails to comply with '
. . p y the obligations,
conditions, and covenants of this Agreement, Lessor may declare this
. y s Agreement
immediately terminated. In such event, the Lessor, its agent,g or attorney, may enter
and hold the Leased Premises until such time as the obligations have
g been performed
in full. As security for provision of the aforementioned in-kind rental,tat, Lessor shall
have and is hereby given an express contract of lien on the mobile dwelling structure
and other personal property of Lessee on the Leased Premises this being '
e ng in addition to
the Statutory Landlord's Lien.
XII, DEVELOPMENT OF PARKLAND It is agreed and understood derstood that the Leased
Premises and Park are being held by Lessor in reserve until such time as the property
can be utilized as open space land and/or for public recreation. In '
. . . p the interim, the
preservation of the current condition of the Leased Premises and Park will be ensured
by Lessee's limited use and occupation and provision of services '
. p in accordance with
Exhibit B. Therefore, it is agreed and understood that Lessor has the '
right to terminate
this Agreement in accordance with Paragraph XIX should Lessor '
p desire to utilize or
develop the Leased Premises or Park as open ace land and/or for •
p p r public recreation.
XIII. SALE OF PROPERTY Lessor reserves the right to sell the he Leased Premises and
Park. In the event a sale should occur, Lessor shall provide
. p e Lessee notice of
termination in accordance with Paragraph XIX.
XIV. MINERALS There is exempted from this Agreement all oil '
, gas, and minerals in and
under the lands above described and the right to mine and remove the same. This
Agreement is made subject and subordinate to the terms and rovisi
p ons of any valid
Oil, gas, and/or mineral lease or leases executed b the mineral
y estate owner(s) either
before or after commencement of this Agreement.
XV. LIABILITY Lessee assumes any and all risk associated '
with performing the
maintenance and services outlined in Exhibit B and s by executing this
Agreement,
on behalf of himself, his heirs, and assigns, does hereby RE
g y LEASE AND
INDEMNIFY the Lessor from any and all liability or an and al '
tY y 1 damage, injury,
or loss arising out of or related to (i) Lessee's rental and/or use of
the Leased
Premises or Park and (ii) performance of the duties outlined in Exhibit habit B. Lessor
shall not be liable to Lessee nor to the employees, agents!, invite
es, and licensees of
Lessee for damages on account of injuries to persons or property!, i '
. p including injuries
resulting in death, due to any of the improvements now or hereafter
located on the
Leased Premises or Park being improperly constructed or being or becoming out of
repair; and Lessee hereby waives all defects therein as well as in
the lands above
described, and agrees to hold harmless and indemni fy Lessor fr om all claims for
damages arising therefrom.
XVI. SURFACE DAMAGES Lessor will be due all roceeds resulting esulting from damages
related to easements, mineral exploration, or other causes. The Lessee shall receive a
percentage of surface damages resulting from easements and/or as exploration g p on that
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x
i
cause a loss of use of any portion of the Leased Premises. The erc
p entage will be
agreed upon between Lessor and Lessee upon each occurrence.
XVII. PROTECTION of THE ENVIRONMENT Lessee shat '
l consult with staff in the
Lessor's Parks and Community Services Department prior to using g any chemicals an
the p
e Leased Premises or the Park. Lessee agrees to comply with all law
p Y s regulating the
use of the chemicals and disposition of the containers. Lessee agrees to follow the
instructions provided by the chemical company for the roduct being used
p g on the
Leased Premises and will use only licensed applicators when having g a third party apply
the chemicals. Lessee will hold Lessor harmless for any liability claims and clean up
costs involving trash, refuse, chemicals, or hazardous material cause '
d by Lessee's use
of the Leased Premises or Park.
XVIII.REVIEW OF COUNSEL The parties acknowledge that t e ach party and Its counsel
have had the opportunity to review and revise this Agreement and d that the normal rules
of construction to the effect that any ambiguities are to be resolve '
g d against the drafting
party shall not be employed in the interpretation of this Agreement ore exhibits xlubits hereto.
XIX. TERMINATION This Agreement may be terminated b either '
Y y ther party, with or without
cause, by providing the other party with written notice thin (30)y days prior to the
intended termination date.
XX. ENTIRE AGREEMENT This Written instrument to e
� g Cher with any attachments,
exhibits, and appendices) constitutes the entire understanding
g b tureen the parties
concerning Lessee's use of Leased Premises and the work and services to be
performed hereunder, and any prior or contemporaneous, oral or
written agreement
that purports to vary from the terms hereof shall be void.
[SIGNATURES APPEAR ON NEXT PAGE
LEASE AGREEMENT
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IN WITN S$ WHEREOF, e fe arties hereto have executed this Agreement in Fort Worth, Texas,
this the �� day of (}r,- , , 2011.
CITY OF FORT WORTH LESSEE:
j!
Bye By: 1��aQ .4,
Susa4AIis Name: Gre As
Assistant City Manager
ADDRESS 1
ADDRESS 2
APPROVED AS TO FORM
Abl LEG I Y
f
Denis'V. lr
Assistant City A Vrney
M&C: L-15248
Ct 20 " I I
ATTEST:
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City Secretary o o,�-��
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CITY SECRETARY
[:FT. WORTH, TX
LEASF,AGREEMENT 8
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Exhibit B
Maintenance and Security Services to Be Provided by Lessee
GROUNDS MAINTENANCE Lessee will mow the walled and fenced in areas surrounding
the main house on an as-needed basis.
PARK PATROL Lessee will perform periodic patrols of the Park and report to the Parks and
Community Services Department any signs of disturbance, damage, or unauthorized use that is
discovered. Lessee will also perform an inspection of the main house at least once per week.
MAINTENANCE OF ROADWAYS Lessee will keep the access road and any and all
existing roadways on the Leased Premises and Park in as good of repair and condition as they
may be put during the term of the Agreement; ordinary wear or "Acts of God" excepted.
Lessee will consult with Lessor prior to a commitment for major repair to roadways on the
Leased Premises or Park.
MAINTENANCE OF DRAINAGE DITCHES Lessee will keep any and all existing
drainage ditches on Leased Premises and Park open and unobstructed during the term of the
Agreement.
PREVENTION OF DUMPING Lessee shall make all efforts to prevent dumping on the
Park and the Leased Premises and shall remove and legally dispose of all routine trash or
debris found on the property. In the event that Lessee discovers large-scale dumping, Lessee
shall contact the Parks and Community Services Department to provide for clean-up and
disposal. The Parks and Community Services Department will install appropriate signage.
PREVENTION OF TRESPASSING Lessee shall make all efforts to prevent trespass on the
Park and the Leased Premises. The Parks and Community Services Department will install
appropriate signage.
HUNTING Hunting on the Park and Leased Premises is strictly prohibited. Lessee shall not
hunt and shall prevent others from hunting. The Parks and Community Services Department
will install appropriate signage.
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M, &C Review
Page 1 of 2
Officlaf site of the City of Fort worth,Texas
ITY OU NCIL
FORTWORTH
AGENDA
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COUNCIL ACTION: Approved on 912012011
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..:....t:-?:-:-?;r?;::••.:<:.:_:::;.::,[..na„i'i.::::::::-::?<:iii'si::t ti::::ii:i:ii:i^:.,: ....
DATE: 9/20/2011 REFERENCE NO.: **L--15248 LOG NAME: 80PARK
CARETAKER
CODE: L TYPE: CONSENT PUBLIC
HEARING: NO
SUBJECT: Authorize a Residential Lease Agreement with Greg Asikis for Approximately 0.12 Acres of Property within Northwest Community Park in Exchange
for Providing Basic Caretaker
Services for the Park (COUNCIL DISTRICT 7)
...
ten._........... .... .-...::...:.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a R
Agreement with Ore Asikis for g Residential Lease
9 approximately 0.12 acres of property within Northwest Community
Park in exchange for providing in-kind basic caretaking services for the p ark.
DISCUSSION:
The purpose of this M&C is to authorize the City Manager to execute a Residential Lease Agreement
with Mr. Greg Asikis for approximately 0.12 acres of property within Northwest Community Park in
exchange for providing in-kind basic caretaking services for the park. Mr. Asikis has lived
home located on the property now known as �n a mobile
p rtY Northwest Community Park since 1982 and served as
caretaker for the previous owner. After the City purchased the land, Mr. Asikis asked if he could
remain on the property in exchange for continuing to perform basic maintenance and caretaking
services.
On June 14, 20117 (M&C L-15210) the City Council authorized the acquisition of 245.7
ark �n northwest Fort q 7 acres of
land for a new
p rt worth. The Northwest Community Park is in reserve-park
status until resources are identified to provide for its development as a full functional ark
the public. The property ncludes a large Y p open #o
Y g permanent residential dwelling, out buildings, and a 20 acre
lake that will require regular monitoring to discourage vandalism and other negative g e activity.
Entering into the proposed Lease Agreement would benefit the City ecause it will -
site tenant who � provide for an on
can monitor the property while i# remains in reserve status and perform some basic
general maintenance (minimal mowing, litter removal, and reporting signs of disturbance d
and unauthorized use to the Parks and g damage,
Community Services Department) without any direct cost to
the City. This contractual Agreement represents the most cost effective arrangement g t to manage this
property. The proposed lease would have an initial one-year term and allow for annual renewals so
that the property can continue to be monitored and maintained until it is developed and opened to the
public. In addition, the lease includes a provision allowing either part to terminate with
cause on a 30 day ritten notice so that Y or without
Y the residential use can be easily discontinued when the park
is developed.
The Northwest Community Park is located in Council District 7.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
http://apps.cfwnet.org/council—Packet/mc—review.as ?ID=15804&council
p date 9/20/2011 10/13/2011
M&C Review Page 2 of 2
V
i
To Fund/Account/Centers FROM Fund/AccounVCenters
Submitted for City_Manager's office by: Susan Alanis (8180)
originating__Department Head: Richard Zavala (5704)
Additional Information contact: Mark Woolsey (5719)
....................................... .
ATTACHMENTS
N_ert.hwest-Co_m_mun.ty Park-Aerial- pdf
http:ll apps.cfwnet.orglcounc i l_packetlmc—review.asp?I D=15 804&counci Idate=912012011 19/13/2911