HomeMy WebLinkAboutContract 21765 LEASE
STATE OF TEXAS
COUNTY OF TARRANT
This lease agreement("Lease") is between the City of Fort Worth, a home-rule
municipal corporation, acting by and through its Assistant City Manager, Mike Groomer,
hereinafter referred to as Lessor and the Boy Scouts of America, acting by and through its
duly authorized President of the Longhorn Council, Gordon England, hereinafter referred
to as Lessee.
SECTION 1. Property. For and in consideration of the mutual agreements
hereinafter described, Lessor hereby leases unto Lessee certain lots, tracts or parcels of
land situated in Tarrant County, Texas, as described in "Exhibit A" attached hereto and
incorporated herein, and being more particularly described as follows:
A parcel of land out of Block 6, Lake Worth Leases, as it appears on
lease maps on file in the Transportation and Public Works Department, City
of Fort Worth, File No. J-175, and embracing portions of Lots 36, 37, and all
of Lot 43, Block 6, and being more particularly described as follows:
Beginning at a 1-118" galvanized pipe found at the northwest corner
of Lot 43, Block 6, Lake Worth Leases;
THENCE: South 89 degrees 56 minutes 32 seconds East, 346.55' to a
518" iron rod with a red plastic cap stamped "CITY-FT-WORTH SURVEY
SECTION" set in the westerly line of Lot 37, Block 6;
THENCE: Along the westerly line of said Lot 37, North 13 degrees 14
minutes 47 seconds East, 445.38' to a 518" iron rod with a plastic cap
stamped "CITY-FT-WORTH SURVEY SECTION" set in the proposed
southerly right-of-way line of Malaga Drive said point also being in a curve
the center of which bears South 09 degrees 20 minutes 20 seconds East, a
radius distance of 1,100.0';
THENCE: Southeasterly, along said proposed right-of-way line and said
curve to the right an arc distance of 361.07' to a 518" iron rod with a red
plastic cap stamped "CITY-FT-WORTH SURVEY SECTION" set at its end;
THENCE: Continuing with said right-of-way line, South 80 degrees 31
minutes 53 seconds East, 137.37' to a 518" iron rod with a red plastic cap
stamped "CITY-FT-WORTH SURVEY SECTION" set at the beginning of a
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curve the center of which bears South 09 degrees 28 minutes 07 seconds
East, a radius distance of 1,980.0';
THENCE: Continuing with said right-of-way and said curve to the right,
an arc distance of 185.48' to a 518" iron rod with a red plastic cap stamped
"CITY-FT-WORTH SURVEY SECTION" set at its end;
THENCE: Continuing with said right-of-way line, South 75 degrees 09
minutes 51 seconds East, 100.40' to a 5/8" iron rod with a red plastic cap
stamped "CITY-FT-WORTH SURVEY SECTION" set at the beginning of a
curve the center of which bears North 14 degrees 50 minutes 09 seconds
East, a radius distance of 500.0;
THENCE: Continuing with said right-of-way and said curve to the left, an
are distance of 73.21' to a 5/8" iron rod with a red plastic cap stamped
"CITY-FT-WORTH SURVEY SECTION" set in the east line of Lot 36, Block
6;
THENCE: Departing said right-of-way line, along the east line of said Lot
36, South 13 degrees 15 minutes 44 seconds West, 342.26' to a 1-1/8"
galvanized pipe found in the northerly line of Lot 43, Block 6;
THENCE: Along the northerly line of said Lot 43, South 89 degrees 57
minutes 35 seconds East, 340.55' to a 1-1/8" galvanized pipe found for its
most northerly northeast corner;
THENCE: Along the easterly line of said Lot 43, South 00 degrees 02
minutes 35 seconds West, 1,399.96' to a 5/8" iron rod with a red plastic cap
stamped "CITY-FT-WORTH SURVEY SECTION" set at its southeast corner;
THENCE: Along the southerly line of said Lot 43, North 89 degrees 57
minutes 00 seconds West, 1, 556.25' to a 5/8" iron rod with a red plastic cap
stamped "CITY-FT-WORTH SURVEY SECTION" set at its southwest corner;
THENCE: Along the westerly line of said Lot 43, North 00 degrees 03
minutes 44 seconds East, 1, 4001.05' to the point of beginning and containing
2,534,598 square feet or 58.19 acres of land more or less.
SECTION 2. -UAg-o-f Pr-opqrty. Lessee covenants and agrees that this Lease shall
be used for the use and benefit of the Boy Scouts of America, and the demised premises
shall be devoted only to such use as may be designated and determined by the Longhorn
Council, which is the governing body of the Boy Scouts of America in this County. That
in the event Lessee should vary the purpose and use of the demised premises for a use
not authorized, approved or sanctioned by the Boy Scouts of America or in the event that
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Lessee should abandon the premises or the use thereof for the purposes stated herein,
then and in that event this Lease shall terminate and shall be of no force and effect from
and after that date of abandonment or variance of the use of the premises, and all
improvements located upon the demised premises shall become the sole property of
Lessor.
SECTION 3. Term and Renewal. The primary term of this Lease shall be for a
period of ten (10) years commencing on October 1, 1995, unless a prior termination is
effected by either Lessor or Lessee under the termination provisions of this Lease.
Provided Lessee is not in default under this Lease, Lessee shall have the right and option
to renew and otherwise extend the term of this lease for one (1) additional term of five (5)
lease years, provided Lessee shall notify Lessor in writing of its intent to renew not less
than 30 days prior to the expiration of the primary lease term. The terms, covenants and
conditions of this Lease shall continue to govern and control the relationship of the parties
during any renewals.
SECTION 4. Rent. Lessee covenants to pay to Lessor as rental for the leased
premises Five and o/100 Dollars Per pre ($5.00/acre) for the annual sum of Two
Hundred Ninety and A/100 Dollars ($290. The first annual rental payment is due and
payable on October 1, 1995. All future annual rental payments are due and payable on
the 1st day of October each year thereafter during the term of this Lease. All rental
payments shall be made to the Real Property Management Office which is located at 927
Taylor Street, Fort Worth, Texas 76102.
SECTION 5. Improvements. Lessee covenants and agrees that any
improvement(s) that may be constructed upon the demised premises shall be constructed
in compliance with the Building Code, Plumbing Code and Electrical Code of the City of
Fort Worth and that the agents, servants and employees of the City of Fort Worth shall at
all times have the right of entry upon the demised premises for the purpose of making
inspections to determine whether Lessee is in compliance with the laws and ordinances
of the City of Fort Worth.
SECTION 6. Assignment. Lessee shall not assign or sublet this Lease without
the prior written approval of Lessor, and any such unauthorized assignment or sublease
shall constitute breach of the Lease.
SECTION 7. -Default or Breach. If Lessee shall default in the performance of any
of its obligations hereunder, Lessor shall have the right to declare this Lease terminated
and forfeited, and the Lessor shall have the right to re-enter the premises and take
possession of the property, including all improvements which Lessee may erect or
construct thereon.
SECTION 8. lermination and Right of Inspection. Lessor and/or Lessee shall
have the right to terminate this Lease at any time for any reason unrelated to Lessees or
LEA-SE Page 3
Lessee's default or breach of any of the terms expressed herein by giving the other party
30 days written notice prior to the intended termination date. The notice shall be deemed
effective when deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed to the other party.
If Lessor and/or Lessee elects to terminate the Lease because of any alleged
breach of any Lease provisions, the non-breaching party shall be required to give the
alleged breaching party immediate notice in writing of that intention, stating specifically the
reasons therefor and allowing the alleged breaching party thirty (30) calendar days after
the date of receipt of the notice to cure any or all defaults or breach specified in the notice.
If this Lease is terminated under this section, or as a result of the expiration of the
Lease terms or any renewal period, neither party shall have any further obligation or
liability to the other under this Lease, except that Lessor and Lessee shall be liable for the
breach of terms, covenants or 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.
Lessor reserves the right to enter upon the leased premises at all reasonable times
for the purpose of inspecting the premises.
SECTION 9. Indemnification. Lessee agrees to and shall indemnify and hold
harmless Lessor, its officers, agents and employees, from and against any and all cl6ims,
losses, damages, causes of action, suits and liability of every kind, including all expenses
of litigation, court costs and attorney's fees for injury to or death of any person or for
damage to any property, arising out of or in connection with the Lease or use of the leased
premises by Lessee under the Lease, where such injury, death or damages are caused
by any negligent act or omission of Lessee.
SECTION 10. Notices. All notices to Lessor shall be sent by certified mail
addressed to:
Real Property Management
City of Fort Worth
927 Taylor Street
Fort Worth, TX 76102
All notices to Lessee shall be sent by certified mail addressed to;
Boy Scouts of America
Longhorn Council
4917 Briarhaven
Fort Worth, TX 76109
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Mailing of all notices under the Lease shall be deemed sufficient if mailed as
specified above, unless either party has been notified in writing of any change in the other
party's address.
SECTION 11. ,Surrender of Property. Upon the termination of this Lease for any
reason whatsoever, Lessee shall surrender immediate possession of the Property in the
same condition as the leased premises was in upon delivery of possession under the
Lease, reasonable wear and tear accepted. Lessee shall have a reasonable time to
recover from such premises any improvements or equipment situated thereon belonging
to Lessee and which Lessee is entitled to remove under the terms of this Lease.
SECTION 12. Independent Contractor. 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 the 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 officer, 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 13. Governmental Regulations. Lessee agrees to comply fully with all
applicable federal, state, and municipal laws, statutes, ordinances, codes or regulations
in connection with the use of the leased premises. Lessee (i) shall make all improvements
necessary to make the leased premises comply with the Americans With Disabilities Act
of 1990 ("ADX), 42 U.S.C. Section 12101 et seq, shall fully indemnify and hold harmless
Lessor from and against any and all claims, losses, damages, suits, and liability of every
kind, including all expenses of litigation, arising out of or in connection with the leased
premises' compliance, or lack of compliance with the ADA, and (ii) shall make all
improvements necessary to correct and/or abate all environmental hazards of the leased
premises arising from the use of premises by Lessee.
SECTION 14. Liens. ,Lessee shall have no power to create any liens against the
leased premises and shall indemnify Lessor against any and all liens imposed or
attempted to be imposed against the leased premises as a result of Lessee's actions.
SECTION 15. LigWiftyinautgnge. Lessee shall at all times during the term hereof,
maintain a Commercial General Liability Policy of insurance with limits not less than
$500,000 per occurrence, combined single limit for bodily injury or death and property
damage, $1,000,000 aggregate. Said policy shall include the Lessor as an additional
insured, as its interests may appear. Lessee shall furnish to Lessor a certifi cate of
insurance verifying such coverage with a confirmation that such policy shall not be subject
to cancellation except upon thirty (30) days prior written notice to Lessor. *Lessor may, at
its option, also require Lessee to submit a copy of the policy or policies in effect as well
as proof of payment of premiums. Insurance must be carried with firm licensed to do
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business in the State of Texas, and that have financial capability acceptable to Lessor.
SECTION 16. No Waiver. The failure of either party to insist on strict performance
of any term, covenant, or condition hereof, or to exercise any option herein contained,
shall not be construed as a waiver of such term, covenant, condition, or option in any other
instance.
SECTION 17. Venue. Lessor and Lessee agree that venue for any suit or cause
of action shall be in Tarrant County, Texas,
SECTION 18. Entire Agreement. This Lease constitutes the entire agreement of
the Lessor and Lessee, and it supersedes any prior oral or written agreements about the
leasing of these premises.
SECTION 19. Section Headings. The section headings contained herein are
included for the benefit of the reader and are not intended as a substantive part of the
terms of the agreement.
ATTEST: CITY OF FORT WORTH
/A
City Secretary Mike Groomer
Assistant City Manager
BOY SCOUTS OF AMERICA,
LONGHORN COUNCIL
JF
'Gordon England
President
APPROVED AS TO FORM AND LEGALITY-
Ar
Assistant City Attorney
Date: '_;72
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L/
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Mike Groomer, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the City of Fort Worth and that he executed the same as the act of the
said City of Fort Worth for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 L
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1995.
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Notary Public in a
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Gordon England, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6'id' ay of
1995.
PAT D. WHITE
ffi Notary PubF., Stale of Tem
-,--/
My Commission Fx&es
MARCH 12, 1961665, Notary Public in and for
the State of Texas
Page 7
City of Fort Wonk Texas
Mayor and Council Communication
DATE REFERENCE LOG NAM PAGE
12/19/95 NUMBER **C-15202 30LAKE 1 of 1
SUBJECT LEASE AGREEMENT FOR LOTS 36, 37 AND 43, BLOCK 6, LAKE WORTH LEASES,
(ALSO KNOWN AS CAMP LEROY SHUMAN) TO THE LONGHORN COUNCIL BOY
SCOUTS OF AMERICA
RECOMMENDATION:
It is recommended that the City Council:
1 Approve the execution of a ten year lease agreement with Longhorn Council Boy
Scouts of America for Lots 36, 37 and 43, Block 6, Lake Worth Lease Survey, and
2. Find that rental payments of $290.25 annually is just compensation.
DISCUSSION:
The subject property contains approximately 58.19 acres of land. The Boy Scouts have
leased Camp Leroy Shuman since the early 1960's. The leased will be used for
recreational purposes, including camping, hiking and training youths. This lease is subject
to a normal thirty (30) day cancellation clause.
This property is located in DISTRICT 7.
FISCAL INFORMATIQNLCERTIFICATIQN:
The Department of Engineering, Real Property Management will be responsible for the
collection and deposit of the rental revenues generated by this agreement.
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A, Douglas Radom m. key` 6157 (from)
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Contact:
A, Douglas Rademaker 6157 of fl-to
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