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Home My WebLink AboutContract 12990THE STATE OF TEXAS § RF-ZO I13�,El jw$ecrm7tyRaca COUNTY OF TARRANT CITY SECRETARY°r � CONTRACT No. iID? WHEREAS, the City of Fort Worth, a home rule municipal corpora- tion of Tarrant County, Texas, requested that the Fort Worth Independent School District, a political subdivision in Tarrant County, Texas, hereinafter called "Lessor", lease to the City of Fort Worth, hereinafter called "Lessee", a certain tract of land for the use and maintenance of same as a public recreational area; and WHEREAS, at a regular meeting of the Fort Worth City Council held on October 12, 1982, said Council approved said request; and WHEREAS, at a regular meeting of"the Board of Education of the Fort Worth Independent School District on October 12, 1982, regard- ing the leasing of said tract by Lessor to Lessee, said Board approved said request; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That this agreement, contract and lease is made and entered into by and between the Lessee, acting herein by and through Robert L. Herchert, its duly authorized City Manager, and Lessor, acting herein by and through its duly authorized President of the Fort Worth Board of Education; W I T N E S S E T H: That for and in consideration of the payment by Lessee to Lessor of the sum of One and No/100 Dollars ($1.00) per annum as lease rental, Lessor hereby leases and demises unto Lessee the use of a tract of land located in Tarrant County, Texas, such tract being more particularly described in the field notes marked Exhibit "A" and outlined in red on the plat marked Exhibit "B", both Exhibits being attached hereto and incorporated herein for all pur- poses incident to this lease agreement. CITY luE 'lil u y. FT. 4VHYH, I h. The term of this lease shall be for twenty (20) years, commenc- ing on the 1st day of January, A.D. 1983, and terminating on the 31st day of December, A.D. 2003. Payment of the annual rental shall be made at the administrative office of the Board of Education of the Fort Worth Independent School District, 3210 West Lancaster Street, Fort Worth, Tarrant County, Texas. 2. This lease shall be subject to all existing easements for public roads, channels, highways, public utilities, railroads, pipe- lines and electrical transmission lines. 3. As additional consideration for the making of this lease, the Lessee will construct at its expense such recreational facilities as the said Fort Worth City Council may hereafter authorize and deter- mine. It is understood and agreed that the nature and extent of the recreational facilities now or hereafter to be constructed by the Lessee on the demised premises shall be within the discretion of Lessee. 4. Lessee covenants and agrees that it will not make or suffer any waste, unlawful, improper or offensive use of the demised premises or any part thereof; and Lessee shall comply with all ordinances and regulations of the City of Fort Worth and with the laws of the State of Texas and of the United States of America applicable to the use of said premises. 5. Lessee agrees to begin construction on such recreational facilities on the demised premises within four (4) years after the r beginning of the term of this lease agreement. In the event such improvements are not begun within the prescribed time, then this lease agreement shall terminate and neither party shall have any future responsibilities thereunder. 6. Lessee shall have exclusive right, title and interest in all structures and improvements constructed on the demised premises by Lessee. At the end of the term of this lease agreement, Lessee shall have the right to enter the demised premises and remove any and all structures or improvements constructed by Lessee pursuant to the terms of the lease. 7. It is understood and agreed that Lessor is not involved as a party to any activities that may be carried on by Lessee pursuant to this agreement. Lessee hereby acknowledges itself solely responsible for such activities and for all persons and property that may be involved or used in connection with Lessee's (but not Lessor's) use of the demised premises. Provided, however, that no provision of this lease shall operate or be construed as a waiver by either party of any immunity from liability which it has or could assert under the doctrine of governmental immunity or any other immunity which it has under the law. 8. It is understood and agreed that the Fort Worth Independent School District will have exclusive use of the demised premises during normal school hours on days when school is in session. The demised premises and recreational facilities will be open for use by the general public at all other times. IN WITNESS WHEREOF, the parties hereto have executed this tiCPI agreement at Fort Worth, Tarrant County, Texas, on this I day of rPR// A.D. 19 g� . ATTEST-.- City Secretary'- APPROVED ecretary -APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST: CB�vCYt. Secretary Fort Worth Board of Education CITY OF FORT WORTH, LESSEE �anager APPROVED AS TO FORM AND LEGALITY: School Attorney FORT WORTH INDEPENDENT SCHOOL DISTRICT, LESSOR By: President Fort Worth Board of Education APPROVED BY CITTY COUNCIL Ci a;� Secretary 16 Date THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �?j day of A.D. 1993. No ry Public in and for the State of Texas :,.vr,% czcv R, Netazy Public THE STATE OF TEXASany Commission Expires Tose 22, 1985 § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared �/• �ic�e / // �/� 1�, President of the Fort Worth. Board of Education for the Fort Worth Independent School District, 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 Fort Worth Independent School District, a political subdivision, and that he executed the same as the act of such sub- division for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this %y� day of xf'� , A.D. 19 31 . Notaey Public in and for the State of Texas FIELD NOTES FOR VAN ZANDT-GUINN ELEMENTARY SCHOOL LEASE Apparant owner: Fort Worth Independent School District. From a tract of land described as Block 2-R, Lot 1, Alford and Veal Addition, Fort Worth, Tarrant County, Texas: That parcel bounded on the east by Kentucky Avenue, on the south by East Hattie Street, on the west by Missouri Avenue, and on the north by a line extending from Missouri Avenue to Kentucky Avenue and tangent to the southern edge on an asphalt parking lot and the southern edge„of a concrete plaza which is Part of the Van Zandt-Guinn Elementary School. EXHIBIT "A” Lr WL Lbmo HATTIE STREET X m x C ff R Y c m z C m F(r' IS1� City of Fort 'Worth, Texas85 Mayor and Council Communication %7-6 DATE REFERENCE SUBJECT: 1982 Cooperative Project - Fort PAGE 10/12/82 NUMBER C-6564 orth Park and Recreation Department and ort Worth Independent School District I d 1 Background In the spring of 1978 and 1980, the Fort Worth Park and Recreation Department entered into Cooperative Facilities Agreements with the Fort Worth Independent School District to jointly provide several recreation facilities. Many of these projects have been completed while others are in various stages of implementation. An additional cooperative project has been identified as desirable by both the Park and Recreation Department and F.W.I.S.D. staff. The project would involve the development of neighborhood park facilities on the campus of Van Zandt-Guinn Elementary School located at 501 Missouri. The proposed general terms of this agreement are as follows: 1. The Fort Worth Independent School District will lease to the City for a period of twenty years the portion of land to be developed as a neighborhood park. 2. The City of Fort Worth will install a play/activity area, play field backstops, irrigation, plantings, and other associated park amenities. 3. The City of Fort Worth will provide maintenance of the area leased for park purposes. The Fort Worth Independent School District staff will review and approve prelimi- nary and final designs on all facilities. Use The Fort Worth Independent School District will have exclusive use of the site during normal school hours. The recreation facilities and open spaces will be available for general public use during non -school hours. Funding Improvements are estimated to cost $60,000 and funds are available from the Eighth Year Community Development Block Grant, Account No. 206-074-48. Park and Recreation Advisory Board At its regular meeting, June 15, 1982, the Park and Recreation Advisory Board unani- mously approved the project described above. Recommendations It is recommended that the City Council endorse the Fort Worth Independent School District/City of Fort Worth Cooperative project described above and authorize the City Manager to execute the required contract documents to begin project implemen- tation. VS: kc SUBMITTED FOR 1 CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: 4 It 4.. ( ! / C) APIIOYED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT MEAD: Charles Campbell CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Gary Kutilek Ext. 7083 DATE