HomeMy WebLinkAboutContract 9555 THE SPATE OF TEXAS § -TY, SECRETARY
COUNTY OF TARRANT §
CONTRACT No.. _1tL5
WHEREAS, the Board of Education of the Fort Worth Independ-
ent School District, a political subdivision, requested that
the City of Fort Worth, a home rule municipal corporation of
Tarrant County, Texas, hereinafter called "Lessor," lease to
the Fort Worth Independent School District, a political subdi-
vision, hereinafter called- "Lessee, " a certain 9.498-acre tract
of land, same being a portion of the former United States Pub-
lic Health Service Hospital property, for the use and mainte-
nance of same as a public school recreational area and for
educational purposes; and
WHEREAS, at a regular meeting of the City of Fort Worth
Park and Recreation Advisory Board held on December 14, 1976,
said Board recommended said request; and
WHEREAS, Secretary of the
Interior, by letter dated agreed to
the leasing of said tract by Lessor to Lessee; and
WHEREAS, a public hearing was held by the Board of Educa-
tion of the Fort Worth Independent School District on
February 9, 1977 regarding the leasing of said tract by
Lessor to Lessee;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That this agreement, contract and lease is made and entered
into this oZG slay of A. D.
197_, by and between the Lessor, acting herein by and through
Fliigh Farmer its duly authorized Mayor, and Lessee, acting
herein by and through who is
duly authorized so to act; I
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W I T N E S S E T H•
That for and in consideration of the payment of the sum
of One and No/100 Dollars ($1.00) per annum as lease rental,
Lessor hereby leases and demises unto Lessee the surface use
of an approximately 9.498-acre tract of land located in Tarrant
County, Texas, and being a portion of the United States Public
Health Service Hospital property, such 9.498-acre tract being
more particularly described as follows:
BEING a tract or parcel of land out of the John
Collett Survey, Abstract No. 260, situated in the
Southeast part of Fort Worth, in Tarrant County,
Texas and more particularly a.portion of that cer-
tain 207.29 acres conveyed to the City of Fort
Worth by the United States of America by deed dated
March 18, 1971, and recorded in Volume 5044, Pages
210-228, Deed Records, Tarrant County, Texas, said
parcel being more particularly described as follows:
COMMENCING at a concrete monument which is a corner
of said 207.29-acre tract, said monument is West a
distance of 759.44 feet from the Northeast corner
of the E. Rogers Survey, thence North 0° - 12' West
1550.0 feet to an iron pin for the point of begin-
ning of the tract herein described;
THENCE North 0° - 12' West along the West line of
said 207.29-acre tract 200.0 feet to a concrete
monument for corner;
0
THENCE along a North line of said tract North 89 -
44' East 110.0 feet to a concrete monument for corner;
THENCE along a West line of said tract North 00 - 12'
West 320.0 feet to a concrete monument for corner;
THENCE along the North line of said tract North 89° -
44' East 916.23 feet to an iron pin for corner;
THENCE along an East line of said tract, South 29° -
32' West 323.42 feet to an iron pin and South 11°
50' West ,200.0 feet to an iron pin for corner;
THENCE South 860 - 41' West 826.0 feet to the point
of beginning of the tract herein described and con-
taining 9.498 acres of land.
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1.
That the above referenced and described 9.498-acre tract
is shown on Exhibit "A, " a plat of a survey of said tract,
same being attached hereto and expressly incorporated herein.
2.
That the above described 9.498-acre tract is also shown
by red ink outline on Exhibit "B, " a plat of a survey of that
certain tract conveyed by the United States of America to the
City of Fort Worth by deed dated March 18, 1971, and recorded
in Volume 5044, Pages 210-228, Deed Records, Tarrant County,
Texas, said exhibit being attached hereto and expressly incor-
porated herein.
3.
That the term of this lease shall be for ten (10) years,
commencing on the ® day ofs:�_
A. D. 197' and terminating on the _ day of AeZZ9,W-r
, A. D. 198 Payment of the annual rental
shall be made at the Office of the Park and Recreation Depart-
ment Director, Municipal Building, 1000 Throckmorton Street,
Fort Worth, Tarrant County, Texas, on or before the anniversary
date of this agreement of each year during the term of this
agreement.
4.
That this lease shall be conditioned upon compliance by
Lessee with all covenants and restrictions contained in the
deed from the United States of America to the City of Fort
Worth, to the effect that the land shall not at any future time
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be used for a commercial or industrial development which, as
determined by the Regional Administrator, General Services
Administration, Fort Worth, Texas, or his successor in function,
in the normal course of its operation, produces air pollution,
contaminating materials, fumes, odors or ground waste resulting
in an unhealthy or unpleasant environment within the boundaries
of the NIMH Clinical Research Center Grounds, Fort Worth, Texas.
5.
That this lease shall be subject to all existing easements
for public roads, channels, highways, public utilities, rail-
roads, pipelines and electrical transmission lines.
6.
That Lessee further covenants and agrees that it will
comply with all requirements imposed by or pursuant to the
regulations of the Department of the Interior, as amended.
7.
That Lessee agrees and covenants, as additional considera-
tion for the making of this lease, to construct and maintain at
its expense such recreation facilities as the said school dis-
trict, acting by and under the authority of its duly elected
and constituted Board of Education, may hereafter authorize
i
and determine, provided that such placement of any improvements
I
upon demised premises is permitted by the Department of the
Interior and the Director of the Park and Recreation Department.
in this connection, it is presently contemplated that the Lessee
will construct a football field, baseball diamond and parking
area in connection with the same. However, it is understood
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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 and
under the exclusive control of Lessee.
All recreational facilities constructed as hereinabove
provided shall be maintained and kept by the Lessee at its own
cost and expense in good repair, and the use of such facilities
shall be supervised and controlled by the Lessee and, upon the
termination of this lease, shall be delivered up to the Lessor
in good condition, natural deterioration, depreciation and
damage by fire and the elements excepted, and, upon termination
of this lease, shall be the property of Lessor.
8.
That this agreement may be terminated by either party to
this agreement upon ninety (90) days' written notice to the
other party of the intent to so terminate. Should Lessee
elect to terminate this agreement, all structural improve-
ments which Lessee may have placed upon the property shall be
removed within such ninety (90) day period.
9.
That 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; that Lessee further
agrees to maintain and police the area in order to keep the
premises in a clean and sanitary condition at all times and
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.
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10.
That Lessee shall operate hereunder as an independent
contractor, and not as an officer, agent or employee of the
Lessor; that Lessee shall have exclusive control of and the
exclusive right to control the details of its operations here-
under, and all persons performing same, and that Lessee shall
be solely responsible for the acts and omissions of its officers,
agents, servants, employees, contractors and subcontractors;
that the doctrine of respondeat superior shall not apply as
between Lessor and Lessee, its officers, agents, servants,
employees, contractors and subcontractors; and nothing herein
shall be construed as creating a partnership or joint enter-
prise between Lessor and Lessee.
11.
That Lessee further covenants and agrees to, and does
hereby indemnify, hold harmless and defend Lessor, its officers,
agents, servants and employees from and against any and all
claims or suits for property damage or loss and/or personal
injury, including death, to any and all persons, of whatsoever
kind or character, whether real or asserted, arising out of
or in connection with the use, occupancy, existence, location
or maintenance of said premises during the term of this agree-
ment, whether or not caused, in whole or in part, by alleged
negligence of officers, agents, servants, employees, contractors,
subcontractors, licensees or invitees of Lessor; and Lessee
hereby assumes all liability and responsibility for any and
all property loss or damage and/or personal injury, including
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death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of or in connection with,
the use, occupancy, existence, location or maintenance of the
demised premises during the term of this contract and agreement,
whether or not caused, in whole or in part, by alleged negligence,
of officers, agents, servants, employees, contractors, subcontractors,
licensees or invitees of Lessor. Lessee shall likewise indemnify
and hold harmless Lessor for any and all damage to property of
Lessor, whether arising out of or in connection with any and
all acts or omissions of Lessee, its officers, agents, employees,
contractors, subcontractors, licensees or invitees, or caused,
in whole or in part, by alleged negligence of officers, agents,
employees, contractors, subcontractors, licensees or invitees
of Lessor.
12.
Lessee further agrees and covenants that it will, at the
end of the term of this lease, peaceably deliver up unto Lessor
the demised premises and all recreational facilities placed
thereon, in good and tennantable condition.
13.
see covenants and agrees to furnish Lessor wit
certificate o surance as proof that it has ured and paid
for a policy of public 'ability ins nce covering all public
risks incident to the use, u cy, existence, location and
maintenance of th mised premises. Th 'amounts of such
insuranc all not be less than the maximum lia ' ity which
n be imposed on the Lessor under the laws of the State
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as. At present, such amounts shall be as follow .
Property damage. ... . . . . . .. .. . ... 10,000.00
Pe onal injury, or
de per person . . . . . ... . . $100,000.00
Personal i Jury, o
death, per ent . .. . . .. ... $300,000.00
with the understand' g of an greement by Lessee that such
insurance am o is shall be revised ward at Lessor's option
and Le ee will so revise such amounts w hin thirty (30) days
lowing notice to .Lessee of such requiremen
IN WITNESS WHEREOF, the parties hereto have executed this
agreement at Fort Worth, Tarrant County, Texas, on this , q
day of A. D. 19707
ATTEST: CITY OF FOR ORTH
_
By:
City Secretary ayor
APPROVED AS TO FORM AND LEGALITY: APPROVED BY CITY COUNCID
Ci Se etet�t/
0 9 DatQ
City Attorney
ATTEST: FORT WORTH, INDEPENDENT
SCHOOL DISTRICT
4
e Le rrw�r
By:
Clerk, Fort Worth Board of Education Bili 7. Elliott, F4esident
Fort Worth Board of Education
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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 Kk q- / VE'C'
of the Fort Worth I dependent School District, known to me to
be the person and officer whose name is subscribed to the fore-
going instrument, and acknowledged to me that the same was the
act of the said Fort Worth Independent School District, a po-
litical subdivision, and that he executed the same as the act
of such subdivision for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of A. D. 197
Notary Public in and for
Tarrant County, Texas
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 i-►_"-Ia.,,Q. qes.,, -_ 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 Mayor thereof, and for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this q ` day
of A. D. 197 f�
No ary Public in and for
Tarrant County, Texas
UANICE BUTZKY, Notary Pubifc
IN AND FOR TARRANT COUNTY,TEXAS
MY COMMISSION EXPIRES JULY 27, 1979
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City ®f Fort Worth, Eexas
Mayor end Council Communication
DATE REFERENCE SUBJECT- Request from School District PAGE
NUMBER to Lease Portion of Rolling Hills Park
10/20/77 C-3944 1 1. of
At the Park and Recreation Board meeting of December 1, 1971, Mr. Eugene
Hightower, Assistant Superintendent for Business Affairs, Fort Worth Independent
School District, addressed the Board with regard to use of a portion of Rolling
Hills Park (Clinical Research Land) to construct a football field and running
track, two baseball diamonds, parking lot, and install several temporary build-
ings for use by 0. D. Wyatt High School. At this meeting, the Board voted to
grant this request, subject to approval by the City Attorney.
Subsequently, at the Board meeting of July 26, 1972, the Board was presented
a proposed lease agreement prepared by the City Attorney regarding the use of
subject land by the Fort Worth Independent School District and the Board voted
to recommend approval of this lease between the School Board and the Park and
Recreation Board for use of the Clinical Research Center.' land to the City
Council for their approval and the Mayor's signature. Subsequent to this action,
personnel of the Fort Worth Independent School District were requested to
present the lease to the School Board for their approval and ratification and
this was never accomplished; therefore*, the lease agreement was never presented
to the City Council for their approval.
Recently, the Fort Worth Independent School District contacted the City about
the possibility of 0. D. Wyatt High School using 90498 acres of Rolling Hills
Park as described above. The City Attorney has prepared a contract for a
period of ten years for the Fort Worth Independent School District to utilize
a portion of Rolling Hills Park for the construction of a football field
and running track, two baseball diamonds, parking and to install several
temporary buildings for use by 0. D. Wyatt High School.
This item was considered by the Park and Recreation Advisory Board and the Fort
Worth Independent School. Board at meetings of December 14, 1976, and
February 9, 1977, respectively. Both Boards concurred in this lease agreement
and voted to recommend approval to the City Manager and City Council,
Recommendation
It is recommended that the City Council direct the Mayor to execute a contract
on behalf of the City for the Fort Worth Independent School District to utilize
a portion of Rolling Hills, Park, as described above.
JMT:ms
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
7 ❑ APPROVED El OTHER (DESCRIBE) CITY SECRETARY
DATE
CITY MANAGER