HomeMy WebLinkAboutContract 8520 CITY SECRETARY
THE STATE OF TEXAS §
CONTRACT. No.-4=
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That the City of Fort Worth, a home rule municipal
corporation in Tarrant County, Texas, acting herein by and
through Clif Overcash, its duly authorized Mayor (Herein-
after called "Lessor") and Armac, Inc., a Texas Corporation,
acting herein by and through T. Z. Hamm
its duly authorized President , (hereinafter
called "Lessee") hereby make and enter the following agreement:
1.
For and in consideration of the covenants herein
contained, Lessor hereby leases to Lessee and Lessee hereby
hires and accepts from Lessor the following described land
for the term and subject to all of the mutually dependent
covenants and conditions herein set forth:
A parcel of land out of the A. Robinson
Survey in Fort Worth, Tarrant County, Texas,
embracing a portion of Lot 1, in Block T-5,
Field's Hillside Addition, a portion of Tract
42 of the A. Robinson Survey, part of Purcey
Street and a portion of the alley in Block S-6,
Field's Hillside Addition, closed by City
Ordinance No. 4531, more particularly described
as follows:
BEGINNING at a point at the most westerly corner of
Lot 1, Block S-6, Field's Hillside Addition, according
to plat thereof recorded in Volume 63, Page 63, Deed
Records, Tarrant County, Texas;
THENCE: South 29 degrees 55 minutes East with
the southwesterly line of said Lot 1, in all 108.5
feet to a point in the center of an alley closed by
Ordinance No. 4531;
THENCE: North 60 degrees 03 minutes East
with the center line of said alley 120.08 feet to
a point;
THENCE: South 29 degrees 57 minutes East
77.5 feet to a point in the northerly right-of-
way line of Belknap Street, said point being on
a curve to the right the center of which bears
North 12 degrees 32 minutes West a radius dis-
tance of 570.0 feet;
THENCE: Northwesterly along said curve to
the right with the northerly right-of-way line of
Belknap Street 10.0 feet from the face of the north-
erly curb line an arc distance of 206.92 feet to a
point of compound curve to the right, the center of
which bears North 8 degrees 16 minutes East a radius
distance of 20.0 feet;
THENCE: Along said curve to the right 10 feet
from the face of the existing curb, an arc distance
of 33.78 feet to a point of tangency;
THENCE: North 15 degrees 02 minutes east, 1.15 feet
to the beginning of a curve to the left the center of
which bears North 74 degrees 58 minutes West a radius
distance of 232.42 feet;
THENCE: Northwesterly along said curve to the
left, remaining 10 feet from the face of the existing
curb, an arc distance of 61.93 feet, to a point of
reverse curve the center of which bears North 89
degrees 46 minutes East a radius distance of 20.0
feet;
THENCE: Along said curve to the right, remaining 10.0
feet from the face of existing curb an arc distance of 21.04
feet to a point of tangency;
THENCE: North 60 degrees 03 minutes East, 8.55 feet
to the place of beginning, and containing 12,201.34 square
feet of land, more or less.
The primary term of this lease shall be 25 years commencing
November 1, 1975 and ending October 31, 2000
Lessee shall have the option of extending this lease for an
additional term of 25 years by delivering to Lessor written
notice of its intent to exercise such option not less than
one month nor more than 6 months prior to the end of the primary
term.
2.
Anything to the contrary herein notwithstanding, either
Lessor or Lessee shall be authorized and shall have the power
to terminate this lease at any time by delivering written
notice of such termination to the other party, and this lease
shall terminate and be of no further force and effect from
and after the expiration of 90 calendar days after the delivery
of such notice.
3.
Lessee shall pay rental to Lessor during the primary term
in the total amount of $5,000.00. Such rental shall be payable
in annual installments of $200.00 each, the first such install-
ment being due and payable at the office of the City Treasurer,
1000 Throckmorton Street, Fort Worth, Texas, simultaneously
with the execution hereof, and a like installment shall be due
and payable at the same place on or before November 1st
of each successive year during the primary term until the said
total amount of rental has been paid in full.
4.
Lessee shall use the land leased hereunder solely for the
purpose of landscaping same as beautification of its building
to be constructed on adjoining property, and for off-street
parking as stipulated herein. Lessee shall be permitted to
install, at the sole expense of Lessee, one driveway on to
the demised premises along West Belknap Street which driveway
n
shall be designated and restricted to use as an ent race only;
it shall be constructed on a 45 degree angle to West Belknap
Street and shall not exceed 25 feet in width. Lessee will be
permitted to utilize, for off-street parking, a strip of land
8 feet in width located along, parallel and adjacent to the
West line of Lot 1, Block S-6; said strip shall extend from the
Northerly line of the demised premises adjacent to West Bluff
Street to the Southerly line of the demised premises being the
Northerly line of West Belknap. Lessee shall also be permitted
to utilize, for off-street parking the irregularly shaped tract
of land, a part of the demised premises, located South or
Southerly of Lots 1 and 2 and part of Lot 3 of Block S-6, Fields
Hillside Addition.
5.
Lessee agrees to level, grade, sod, plant, improve, land-
scape and beautify the land leased hereunder in a manner satis-
factory to Lessor and complimentary to its building to be con-
structed on the adjoining premises. Lessee agrees to submit
detailed plans, specifications and cost estimates of all im-
provements, landscaping or beautification to be constructed or
performed on such land, and Lessee agrees to not commence any
such improvements, landscaping, beautification or other work
on such land without the prior written approval and consent of
Lessor.
6.
Lessor and Lessee agree that Lessee is and shall be
deemed to be an independent contractor for all of the purposes
of this lease and in connection with each and every operation
or activity taking place on the leased premises during the
term hereof. Lessee agrees that it has inspected the real
property herein leased, accepts same in its present condition
and declares that the same is suitable for its purposes. Lessee
covenants and agrees to and does hereby indemnify, hold harmless
and defend the City of Fort Worth, its agents, officers and
employees from and against any and all claims or suits for
damages or injury to persons or property of whatsoever kind or
character, whether real or asserted, arising out of or incident
to this lease or to the exercise of any right or privilege
herein granted. As between the parties hereto, Lessee does
hereby assume all liability and responsibility for injuries,
claims or suits for damages to persons or property occurring
during the term of this lease in connection with the use or
occupancy of the premises by Lessee, its employees, invitees,
patrons, contractor or subcontractors.
7.
Lessee expressly covenants and agrees that it will conduct
all activities on the demised premises in strict compliance
with all laws, Federal, State or local, including all ordinances
of the City of Fort worth, and all rules, regulations and re-
quirements of the Health Department, Public Works Department, Fire
Department, or Police Department of the City of Fort Worth. Lessee
further agrees that it will obtain and pay for all necessary lic-
enses or permits from any governmental agency having jurisdiction
thereof.
8.
Lessee covenants and agrees to maintain the demised
premises at all times in a clean, neat and sanitary condition
to the satisfaction of the Health, Police and Public Works
Departments of the City of Fort Worth. Lessee agrees to remove
and to keep the demised premises free of bottles, papers, pack-
ages, wrappers, garbage, trash, junk automobiles, junk motor-
cycles, tires, letter and debris of every description.
9.
This lease and all of the license and privileges granted
hereunder shall terminate at the expiration of the term or in
the event of its earlier termination by Lessor or Lessee as
provided herein, upon termination hereof, Lessee shall have
no claim or interest thereafter in or to the land leased
hereunder, all improvements made on such land shall become
the property of the City of Fort Worth, and the City of
Fort Worth shall have the right to re-enter and take immediate
possession of the demised premises and to expel Lessee, its
employees and invitees and to remove their personal property
forcibly, if necessary, without being deemed guilty of trespass.
A copy of this lease shall be sufficient warrant for any person
acting hereunder. Any failure by either party to terminate
this lease or to exercise any remedy available to it upon de-
fault or violation by the other party shall not constitute a
waiver of the right to terminate or of any other remedy in the
event of subsequent default or violation.
10.
This lease shall not be sublet or assigned in whole or
in part by Lessee without the prior written consent of the
City of Fort Worth, and any attempted sublease or assignment
without such prior written consent shall be void.
11.
Venue of any action brought under this lease shall
lie exclusively in Tarrant County, Texas.
EXECUTED this the -� day of A.D. 193:
ATTEST- CITY OF FOR WORTH
By
C ty ecretary Mayor
ATTEST: ARMAC, INC.
By-= � iJii'
APP ED AS TO FORM AND LLEGGALITY: APPROVED BY CITY COUNCIL
City t6:rney City Sec T'3 taxy
22/
D to
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Lease of City-Owned Property PAGE
NUMBER
4/21/75 L-4890 1 o 2
Right-of-way for the West Side Connection (West Belknap, West Weatherford,
Summit Avenue and Forest Park Boulevard Extension) was acquired in 1957,
including land anticipated to be required for an additional bridge cross-
ing the Clear Fork of the Trinity River between North Henderson Street and
West 7th Street at or near Purcey Street. Right-of-way in the south one-
half of the block between West Belknap, West Bluff Street, Lexington Avenue
and Purcey Street was acquired at that time, but no right-of-way was ac-
quired in the north one-half of the block at the intersection of Bluff and
Purcey Streets (Lots it 2 and 3, Block S-6, Field's Hillside Addition).
The scheme of the proposed Northside-Southwest Freeway in the area between
North Henderson Street and West 7th Street makes a bridge crossing at or near
Purcey Street unlikely and all unencumbered funds in the West Side Connection
project were reallocated in the 1973-75 CIP (Pages A-49 & 50).
The present street alignment and design of the intersection of West Belknap,
Purcey Street and Summit Avenue has left an unusually wide parkway along the
north side of West Belknap Street and the east side of Purcey Street but no
street right-of-way will be considered as surplus property until all plans
are completed on the proposed Northside-Southwest Freeway.
On ,July 6, 1970 (M&C L-3200) the City Council approved the leasing of the
property adjoining the west and south sides of Lot 1, Block S-6, Field's
Hillside Addition, containing 8,008.63 square feet, with the use restricted
to landscaping and beautification, except a strip 8 feet in width and 90
feet in length adjacent to the west side of the lot permitted for off-street
parking.
During 1970 an office building was constructed on Lot 1, utilizing the entire
ground floor for off-street parking.
Recently a different owner acquired Lots 1 and 2 including the building, and
this owner desires to construct a like building on Lot 2.
1n the overall design and scheme for the new and existing building the new
owners, Armac, Inc. desire a revision of the existing lease to include addi-
tional City-owned land and permit off-street parking on the area south of
the lots.
The Land Division has negotiated a lease agreement with Armac, Inc. for the
lease of the City-owned land adjoining Lots 1, 2 and 3, Block S-6, Field's
Hillside Addition containing a total of 12,201.34 square feet under the fol-
lowing terms and conditions, which are acceptable to all affected City de-
partments:
1. That off-street parking will be allowed on the area south of Lots 1, 2
and part of 3, Block S-6, Field's Hillside Addition, and on a strip of
land 8 feet in width and 90 feet in length adjacent to the west side of
Lot 1, with the remaining area for landscaping only.
DATE REFERENCE SUBJECT: Lease of City-Owned Property PAGE
NUMBER
4/21/75 L-4890 2 of 2
2, That one driveway will be permitted onto the City-owned property along
West Belknap, designated as "entrance only", with the width not to ex-
ceed 25 feet and constructed on a 45 degree angle to West Belknap Street,
3. That a normal parkway will be reserved and not made a part of land leased.
4. That due to the curve in the street no designated parking spaces or any
other sight obstructions be within 12 feet of the north curb line of West
Belknap Street,
5, That the lease is for a primary term of 25 years, with an option for 25
additional years, subject at any time to termination upon 90 days written
notice.
6. That the consideration is to be $200 annually, with no refund upon can-
cellation.
It is recommended that approval be given for the leasing of the City-owned
property adjacent to Lots 1, 2 and part of 3, Block S-6, Field's Hillside
Addition, to Armac, Inc, for an annual consideration of $200, to be deposited
to General Fund Account No. 001-42335; and that the Mayor be directed to exe-
cute a lease agreement as outlined above on the behalf of the City of Fort
Worth,
Map Furnished: Attached
RNL:jb
SUBMITTED BY: DISPOSITIO BY COUNCIL: PR( SEED BY
APPROVED ❑ OTHER (DESCRIBE) /J D
CITY S,EECCRETARY
DATE
CITY MANAGER _X 9- hs