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HomeMy WebLinkAboutContract 27000 t -CITY SECRETA " CONTRACT NO. LEASE AGREEMENT This LEASE AGREEMENT is made and entered into this the 16_,&day of 2001, between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, 'Texas (Hereinafter referred to as the "CITY') acting by and through its duly authorized Assistant City Manager and the BOARD OF EDUCATION of the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas. (Hereinafter referred to as the "FWISD") acting by and through its duly authorized President. RECITALS WHEREAS, on March 4, 1968, the Southwestern Baptist Seminary Development Foundation, Inc. granted, conveyed and sold to the City of Fort Worth Lots One (1) through Sixteen (16), Block 40 and Lots One (1) through Sixteen (16), Block 41, Seminary Hill Addition, as according to the plat recorded in Volume 310, page 45 of the Deed Records of Tarrant County,Texas to be used as a public park; and WHEREAS, the Southwestern Baptist. Seminary Development Foundation, Inc. reserved in the deed to the City of Fort Worth the right at any time to repurchase the lots if the land was used for any purpose other than a public park; and WHEREAS, the lots are located at the northeast corner of Southcrest and Townsend Streets, now known as Seminary Hills Park. The neighborhood park consists of 6.1 acres and contains a playground, picnic facilities, hard surface court, backstop and security lighting; and WHEREAS, on January 20, 2000, the City received a-written request from the Fort Worth Independent School District to use Seminary Hills Park as an elementary school site due to overcrowding at other schools and because this site would serve as a the suitable location; and WHEREAS, the City Council of Fort Worth and the Fort Worth Independent School District Board of Trustees have determined that Seminary Hills Park is an ideal location for a public school and have agreed to enter into a lease between the City and FWISD; and WHEREAS, the Southwestern Baptist Seminary Development Foundation, Inc. has agreed to release the right of repurchase in return for payment from FWISD in an amount agreeable to both parties; and FR AU GPIC0D CU� R VC-A's,ky wor'�M va, 1 WHEREAS, the CITY has posted the necessary notices and conducted the required public hearings for the conversion of parkland for use as a public school site as required by state law under V.T.C.A., Parks &Wildlife Code § 26.001 et. seq.; and NOW THEREFORE, in consideration of the mutual covenants herein expressed, the City(Lessor) and the FWISD (Lessee) agree as follows: AGREEMENT 1. DESCRIPTION. The CITY hereby leases to FWISD, for use as a public school, a certain tract of land known as Lots One (1) through Sixteen (16), Block 40 and Lots One (1) through Sixteen (16), Block 41, Seminary Hill Addition, consisting of approximately 6.1 acres, including any right, title or interest of the City to that land lying within the dedicated rights-of-way. of Barrett (now known as Gordon Avenue), Winston (now known as Stanley Avenue) and Burleson (now known as Covert Street) streets, according to the plat recorded in Volume 310, page 45 of the Deed Records of Tarrant County, Texas, (now known as Seminary Hills Park) said lease site being entitled "Leased Premises" for the purposes of this Agreement and more specifically described and illustrated in Exhibit "A" and attached hereto and made part hereof for all purposes. This lease-is subject to any right, title or interest of the City in all existing easements for public roads, channels, highways, public utilities, railroads, pipelines and electrical transmission lines. CITY agrees that the CITY will not build and/or construct any public roads on the Leased Premises without the mutual consent of the CITY and FWISD. 2. LEASE AMOUNT: That for and in consideration of the payment by FWISD to the CITY of the sum of One and No/100 Dollars ($1.00) per annum as lease rental, CITY hereby leases and demises unto FWISD the use of that parcel of land being more particularly called the "Leased Premises" and described in Exhibit "A" being attached hereto and incorporated herein to this lease agreement for the construction and use as a public school and necessary support facilities such as, but not limited to,parking lots, roads, fencing and lighting. . The parties agree that all consideration detailed in this Agreement fairly compensates CITY for the lease granted by CITY and CITY acknowledges receipt and acceptance of this consideration. Payment of the annual lease amount shall be made at the Administrative offices of the City of Fort Worth Parks and Community Services Department on or before the I" day of August each year *of this lease. FWISD, at.its option, may pay, at the beginning of this lease term, the entire lease rental amount due under this Agreement in one lump sum payment of Ninety-Nine Dollars ($99.00). 2 '6 r 3. TERM OF AGREEMENT. The term of this lease shall be for Ninety- nine (99) years, commencing on the 1St day August 2001 and terminating on the 31st day of July 2100. 4. RELEASE OF RIGHT TO REPURCHASE. FWISD verifies that it paid to Southwestern Baptist Seminary Development Foundation, Inc. a mutually agreed upon amount for the release of said right of Southwestern Baptist Seminary Development Foundation, Inc. to repurchase said lots as described in Exhibit "A" if the property was not used for park purposes. In return for said payment to Southwestern Baptist Seminary Development Foundation, Inc., FWISD represents that it obtained a full and complete release from Southwestern Baptist Seminary Development Foundation, Inc. of the right of repurchase the property as described in Exhibit "A". As evidence of said release, a certified copy of the fully executed release document recorded in the Deed Records of Tarrant County is attached hereto and incorporated herein for all purposes to this lease agreement as Exhibit"C". FWISD agrees to take whatever reasonable and necessary steps, now or in the future, to protect the rights, title and interest of the CITY to use said "Leased Premises" other than for park purposes and to ensure that any rights, interest or title in the right to - repurchase by Southwestern Baptist Seminary Development Foundation, Inc. are now and forever released and extinguished. FWISD understands and agrees that* said payment to Southwestern Baptist Seminary Development Foundation, Inc. does not entitle FWISD, under any circumstance, to any right, claim, interest or title in the real property herein described as the Leased Premises in Exhibit "A" other than those rights as described and included under the terms of this Lease. 5. SITE PLAN FWISD has prepared and submitted a site plan indicating the location of the public school building, adjacent parking lots and the open park space on the Leased Premises. The site plan for the Leased Premises is attached and incorporated into this Agreement as Exhibit`B" The CITY and FWISD, through their designated representatives have mutually agreed upon the site plan. Any revisions to the site plan attached as Exhibit "B" requested by FWISD during the term of this Agreement shall be subject to the approval of the CITY, however such approval shall not be unreasonably withheld or delayed. 6. USE OF LEASED PREMISES. The Leased Premises shall be used for a public school, auxiliary parking, school playground and a neighborhood park as shown on Exhibit `B". The open park space shall be open'to the public only after school hours, during weekends and school holidays consistent with City Ordinances and the discretion of the Director of Parks and Community Services. All open park space shown on the site plan, attached as Exhibit `B", shall remain as open space and used for park purposes during the days and times set out in this Agreement unless otherwise agreed to in writing by the CITY and FWISD. FWISD covenants and agrees that it will not make or suffer any waste, unlawful, improper or offensive use of the demisedLeased Premises or any part thereof and shall 3 fi_ comply with all federal, state and local laws, including all ordinances and regulations of the CITY and other governmental agencies applicable to the Leased Premises. 7. INSPECTION OF LEASED PREMISES. CITY, acting by and through its authorized representatives, shall have at any and all times, the full and unrestricted right to enter the Leased Premises (without causing or constituting a termination of the privilege or an interference.for the possession of the Leased Premises by FWISD) for the purpose of inspecting and maintaining the Leased Premises, to take any and all actions necessary to fulfill its obligation under this agreement and to protect and maintain the Leased Premises. This shall not authorize or empower CITY to direct the activities of the FWISD or assume liability for FWISD's activities. 8. NONDISCRIMINATION. FWISD in its occupancy use or operation of said Leased Premises shall not discriminate against any person or persons because of race, religion, color, national origin or sexual orientation. 9. INDEPENDENT CONTRACTOR. FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the CTTY. FWISD shall have the exclusive control of, and the exclusive right to control the work designated to the FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of .its officers, members, agents, servants, and employees. Neither CITY nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employees, or officers of the other. It is understood and agreed that the CITY is not involved as a party to any activities that may be carried on by FWISD pursuant to this agreement. FWISD acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with FWISD's use of the Leased 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 be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 10. PREPARATION OF LEASED PREMISES.FWISD shall, at its sole costs and expense, construct any improvements necessary for use as a public school and obtain all licenses and permits necessary for the construction of improvements on the Leased Premises. All such construction and improvements by FWISD shall be performed in strict compliance with all of the applicable provisions of the Constitution and laws of the State of Texas and the Charter, ordinances, regulations, policies and directives of the City of Fort Worth, now or hereafter in effect. FWISD shall promptly pay all bills or charges when due for construction or maintenance as well as any other amounts due for materials, services and labor furnished in connection with the Leased Premises and shall, to the extent permitted by law, indemnify and hold harmless CITY for non-payment of same. To the extent 4 permitted by law, FWISD shall indemnify and hold harmless the CITY against any and all mechanics and materialmen's liens or any other type of claims or liens imposed upon the Leased Premises arising as a result of actions by FWISD. 11. CREATION OF LIEN. FWISD shall have not do any act or to make any contract that might create or be the foundation for any lien upon the Leased Premises or any interest in the Leased Premises; and such contract or lien attempted to be created shall be void. Should any such purported lien be created or filed, FWISD, at its own cost and. expense, shall liquidate and discharge the same in full within ten-(10) days after the filing thereof. Failure of FWISD to discharge the same shall constitute an immediate breach of this Lease unless FWISD files written documentation with the . CITY within 30 days of notification to FWISD of said lien. contesting any lien upon the Lease Premises. 12. MAINTENANCE OF LEASED PREMISES. FWISD shall take good and reasonable care of the Leased Premises, suffer no waste, do all the work and make all repairs necessary or advisable to maintain and restore the Leased Premises and improvements in good condition and from deterioration,normal wear and tear excepted. FWISD agrees to maintain the open park space, as set out in Exhibit `B", consistent with CITY maintenance standards for similar areas, including mowing, trash and debris collection. FWISD agrees that the CITY shall in no way and under no circumstances be responsible for any property belonging to FWISD, its officers, agents, servants, employees, contractors, subcontractors, invitees or licensees, which may be stolen, destroyed, or in any way damaged. FWISD hereby indemnifies and holds harmless the CITY, its officers, agents and employees from and against any and all such claims; all to the extent required by law. 13. IMPROVEMENTS. Until this lease agreement terminates, FWISD shall have the exclusive right, title and interest in all structures and improvements constructed by FWISD on the Leased Premises. At the termination of this lease or in the event the school is permanently closed, ("permanently closed" being defined as closed for a period longer than one school year unless FWISD can demonstrate to the satisfaction of the CITY that all reasonable efforts are being made by FWISD to occupy said Leased Premises) CITY, in its discretion, will have the right to accept such improvements or require the removal of any or all improvements placed on the Leased Premises by FWISD. FWISD shall pay for any costs associated with the removal of said improvements. FWISD agrees to construct recreational facilities, for use by the FWISD and the CITY, on the open park space shown on Exhibit `B". CITY agrees to match any funds expended by FWISD, in an amount not to exceed Fifteen Thousand Dollars ($15,000), for the construction of said recreational facilities. Said facilities shall be constructed and ready for use no later than one (1) year after the date FWISD has constructed a school 5 .s building on its adjoining property, or a date as mutually agreed upon in writing by the parties. Pursuant to the requirements under Chapter 791.011 of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Thereafter, CITY may, at CITY'S own cost and expense, or by joint agreement between the CITY and FWISD to share such costs, construct such additional recreational facilities for the open park space (as shown in Exhibit `B") as the said Fort Worth City Council may hereafter authorize, provided such facilities do not materially interfere with FWISD's use of the open park space for school purposes. CITY shall have exclusive right, title and interest in all structures and improvements constructed on the open park space. It is understood and agreed that the nature and extent of the recreational facilities, now or hereafter constructed by the CITY or by agreement between the CITY and FWISD on the park area shall be within the discretion of and be the property of the CITY. 14. RULES, REGULATIONS AND OPERATION. The open park space described in Exhibit `B" shall be open and remain open to the public after school hours, during.weekends and during school holidays consistent with City Ordinances, the discretion of the Director of Parks and Community Services and the City Parks and Community Services Department rules and regulations during the term of this Lease Agreement. FWISD shall have the right to fence or otherwise secure the remainder of the Leased Premises. FWISD agrees that fence gates shall be unlocked after school hours, during weekends and school holidays to allow public use of the open park space. Operation of the open park space during non school hours will be subject to the same rules, regulations and methods of operation as other public parks operated by the City of Fort Worth Parks and Community Service Department for the public benefit. The FWISD 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 Leased Premises. Pursuant to applicable state law and city ordinances, signs shall be posted in areas conspicuous to.the public stating that the consumption or possession of alcohol on the"Leased Premises"is not allowed. 15. TERMINATION. A. The following shall be deemed events of default by FWISD under this Agreement: 1) FWISD fails to pay any of the rent when due or any other payment of reimbursement to City required hereunder; 6 ,g 2) FWISD attempts to assign this contract without the prior written consent of City; 3) FWISD vacates any substantial portion of the Leased Premises for a period of longer than one school year, unless FWISD can demonstrate to the satisfaction of the CITY that all reasonable efforts are being made by FWISD to occupy said Leased Premises. 4) FWISD fails to use the Leased Premises as a public school or other uses permitted by Section 6 hereof, without written consent of the CITY; 5) FWISD. makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; or 6) FWISD fails to comply with any term, provision or covenant of this Agreement. B. If FWISD defaults for any reason stated above, then this Agreement may be terminated by CITY under the provisions of this section. If the CITY or FWISD fails to perform any provision of this Agreement then the either party may terminate this Agreement under the provisions of this section. Termination of this Agreement will occur only if the default continues after a good faith effort by the defaulting party to cure the default for a period of thirty (30) days after the notifying party informs the defaulting party in writing of the default and its :intention to declare this Agreement terminated, except as otherwise set out in this Agreement. C. It is agreed that all improvements placed on the Leased Premises by FWISD will become the sole property of the CITY at the termination of the lease. At the request and in the sole discretion of the CITY, FWISD shall have one hundred and eighty (180) days from the date of termination to remove such improvements and structures from the Leased Premises. CITY agrees not to unreasonably withhold any written request of FWISD to extend the time for removal of improvements. Absent a request by the CITY to remove said improvements and/or structures, the CITY, in its discretion, may remove or leave any or all of the improvements and structures placed on said property by the FWISD, at the cost of FWISD . 16. INSURANCE. Prior to the time FWISD is entitled to any right of access to or use of the Leased Premises, FWISD shall provide a certificate of self insurance or procure,pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to CITY. Executed statements of-self insurance or certificates of insurance and/or certified copies of policies as determined acceptable by the City, shall be delivered to City at the execution of this Agreement. If FWISD is not self-insured, and to the extent permitted by law, FWISD covenants and agrees to obtain and keep in force during the term of this Agreement, 7 Comprehensive General Liability Insurance, including Personal Injury Liability, Independent Contractors Liability and Contractual Liability covering, but not limited to, the liability assumed under the indemnification provisions of this Agreement, with limits of liability for bodily injury (including death) and property damage of not less than One Million Dollars ($1,000,000). Coverage shall be a Combined Single Limit Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to City. The City of Fort Worth shall be named as an Additional Primary Insured. The insurance policy shall include the following: 1) The policy shall require that thirty (30) days prior to the cancellation or any material change in coverage, a notice shall be given to City by certified mail; 2) Insurers shall have no right of recovery or subrogation against the City of Fort Worth, it being the intention that the insurance policy shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies; 3) Company issuing the insurance policy shall have no recourse against the City of Fort Worth for payment of any premiums or assessments for any deductibles which all are at the sole risk of FWISD; 4) The terms "Owner", "City" or "City of Fort Worth" shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth; and 5) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to CITY's self- insured retention of whatever nature. FWISD agrees to require its contractors to furnish CITY, or FWISD shall furnish to the CITY on behalf of the Contractor. a certificate of insurance, acceptable to the CITY, as proof that they secured and paid for a policy of public liability insurance covering all public risks related to the proposed construction on the Leased Premises. To the extent permitted by law, FWISD hereby waives subrogation rights for loss or damage against CITY, its officers, agents and employees for personal injury (including death), property damage or any other loss relating to construction or any other activity related to this lease. FWISD shall not do or permit to be done anything in or upon any portion of the Leased Premises, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Leased Premises or any part thereof, or in any way increase the rate of fire insurance upon the Leased Premises or on property kept therein. The City may terminate this Agreement upon the failure of the FWISD to provide acceptable documentation of insurance as required by this Agreement per the terms of Paragraph 15. 8 1R 17. INDEMNITY. A. To the extent permitted by law, FWISD covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the work and services to be performed hereunder by FWISD, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the City; and to the extent permitted by law, said FWISD does hereby covenant and agree to indemnify, defend, and hold harmless the City, its officers, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of, the work and services to be performed hereunder by FWISD, its officers, agents, employees, or subcontractors, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, or employees of the City. To the extent permitted by law, FWISD likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss or destruction to property of City during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, or employees of City. This indemnity agreement does not cover or include any claim or liability arising out of the sole negligence of CITY, its officers, employees, agents or servants. B. FWISD agrees to notify the CITY promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the Leased Premises. FWISD agrees to make its officers, agents, and employees available to the CITY at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the CITY may be responsible hereunder. C. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by FWISD or the CITY as to any claim of any third party, however the CITY does waive immunity to any claim of FWISD seeking enforcement of this agreement pursuant to law. D. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law E. Nothing contained herein will be deemed to create any liability of one party to the other arising out of the public's use of the open park space. 9 5. 18. BOND. FWISD, at its own costs, shall acquire and/or obtain any and all required bonds in accordance with any applicable federal and state laws. 19. ASSIGNMENT. FWISD shall not assign or sublease its privileges, rights or duties hereunder without written permission of the CITY. If assigned per the written consent of the City, FWISD agrees to ensure that any assignee or sublessee will comply with all terms, provisions, covenants, and conditions of this contract. Assignment or subletting of this Agreement shall not relieve FWISD from any of its obligations under this Agreement. 20. NOTICES. All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address-as one party may from time to time notify the other in writing. If more than one Lessee is named in this contract, service of any notice on any one of the Lessees shall be service on all Lessees. Any notice so given shall be deemed received when deposited in the United States mail so addressed with postage prepaid: CITY: CITY MANAGER, CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102 FWISD: PRESIDENT, BOARD OF EDUCATION, FORT WORTH INDEPENDENT SCHOOL DISTRICT 100 NORTH UNIVERSITY DRIVE, SUITE 150 FORT WORTH,TEXAS 76107 21. PARTIES BOUND. This Agreement shall be binding upon. the successors and assigns of both parties in like manner as upon the original parties. 22. APPLICABLE LAW. This Agreement is entered into subject to the provisions of all applicable federal, state and local laws or ordinances and the requirements of any and all governmental regulatory agencies having jurisdiction over the subject matter and venue shall be in Fort Worth, Tarrant County, Texas or the Federal court of the Northern District of Texas, Fort Worth Division. 23. SEVERABILITY OF PROVISIONS. If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. SOLE AGREEMENT. This Agreement constitutes the sole and 10 f6. only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this the ;�� ?day of (. , 2001. CITY OF F RT WORTH FORT WORTH INDEPENDENT SCHOOL = DISTRICT By: Lib y Watso , Gary J.M ,President Assistant City Manager Board of Education A4ES A ST: cPary �-f �� Secretary,Board of Education APPROVED AS TO FORM AND LEGALITY David Yett, City Attorney By:6''6't ����� �wc z Contract Authorization Assists t City Attorney Date: --c_' I Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,.the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, Assistant City Manager for the City of Fort Worth, 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 City of Fort Worth, and that she executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant and Denton Counties, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this /`/ day of 12001. .'PRva�� ROSELLA BARNES Notary Public in and for the State of Texas _ NOTARY PUBLIC My Commission Expires: fl< *; s*=.%A ,P; State of Texas , �tComm.Exp.03-31-2005 11 �5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Gary J. Manny, President of the 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, and that he executed the same as the act and deed of the Fort Worth Independent School District, a political subdivision, for the purposes and consideration therein expressed, and in the capacity therein stated. ft Subscribed and sworn to before me this day ofaay�<2001. a P GAYLE L.WILLIAMS otary P he in and for the State of Texas Notary Public My Commission Expires: STATE OF TEXAS My Comm.Exp.08/07/2004 12 i Exhibit "A" •'2�(f �ur�- iifca � (,{n a*��_2..•..o qty e,�G/'f G 30 8' .rLfc.An-w �a,�^�f"¢i.t.�-.-.-n•fol. a�.•..3 S r.o-r.•/tt aP-./.wJ� , ,�:i,i� IF'.Ct•/'..< �- 'O/.yr, -r�r,-c•rc1On�GihCl:•rrns•+�.•w-rrin ✓�l o'HIL.�t/� .�.+-+.+i./�.6.a a.,�/!/1.�.Ge•r-e•t/w.• i -... 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L•• > Is 7 II f /1 t • t s w• ff at I•IItJBJAtt it I � �I Site Plan iI Proposed Elementary at seminary Park j Fort Worth I.S.D. 1"=50'-0" P U PARY _ ; Ft.�rn�Ntr�tLY Ii DVNIH�o m VJTuV wortoklur'i SP1 f-BUS LOOP YAJ N CLD aaaRVVT °Q OPEN PARKSPPCc ` ~• I EXHIBIT B TERMINATION OF USE RESTRICTION AND RIGHT TO REPURCHASE THIS TERMINATION OF USE RESTRICTION AND RIGHT TO REPURCHASE ("Termination Agreement") is executed to be effective the day of 2001, by Southwestern Baptist Seminary Development Foundation, Inc., a corporation ("Seminary") for the benefit of the City of Fort Worth, a home rule municipal corporation of the State of Texas ("City") and the Fort Worth Independent School District ("FWISD"). RECITALS A. By deed (the "Deed")dated March 14, 1968, the Seminary conveyed to the City the following described property, TO- WIT: LOTS 1 THROUGH 16, BLOCK 40, AND LOTS 1 THROUGH 16, BLOCK 41, SEMINARY HILL ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 310, PAGE 45, DEED RECORDS, TARRANT COUNTY, TEXAS (the "Property"), said Deed being recorded in Volume 4536, Page 396, Deed Records, Tarrant County, Texas. B. The Deed provided, in part, "that the herein described property shall be used only as a public park and should said property, or any part thereof, be otherwise used then the Grantor shall have the rightatanytime thereafterto repurchase those lots so otherwise used, such repurchase to be on the basis of Four Hundred Sixty-eight and 75/100 Dollars ($468.75)per lot;provided, however, that should the Grantee give written notice to the Grantor of its intention to otherwise use any part of said property and the Grantor does not within 60 days after receipt of such notice exercise its right to repurchase then, as to those lots covered by said notice, the TERMINATION OF USE RESTRICTION AND RIGHT TO REPURCHASE-PAGE 1. 1-\04939\0092\127540.WPO EXHIBIT C, PAGE I right of repurchase shall cease and terminate and be of no further force and effect. This provision shall be binding upon and inure to the benefit of the Grantor and Grantee and their respective successors and assigns. " The foregoing provisions of the Deed are hereinafter referred to as the "Restriction and Repurchase Right." C. FWISD desires to use the Property for public school purposes and the City has agreed to lease the Property to FWISD for a term of 99 years. D. The Seminary desires by this instrument to terminate and release the Restriction and Repurchase Right retained by it in the Deed. NOW, THEREFORE, for and in consideration of the premises and Ten and No/100 Dollars ($10.00) and other good and valuable consideration received by the Seminary from FWISD, the receipt and sufficiency of such consideration being hereby acknowledged and confessed, the Seminary does hereby TERMINATE, RELEASE, EXTINGUISH and RELINQUISH the Restriction and Repurchase Right, and the Restriction and Repurchase Right shall be of no further force or effect and the Property shall henceforth be owned, leased, occupied and used free and clear of the Restriction and Repurchase Right. For the same consideration hereinabove recited, the Seminary does hereby quit claim under the City all of its right, title and interest, if any, in and to the Property and all portions thereof. The Seminary hereby warrants and represents to the City and FWISD that it has not transferred or assigned any of its rights, titles or interests in and to the Restriction and Repurchase Right or the Property and it has sole power and authority to execute this Termination Agreement for the purpose of terminating, releasing, extinguishing and relinquishing the Restriction and Repurchase Right. This Termination Agreement shall be binding upon the Seminary, its successors and assigns, and shall inure to the benefit of the City and FWISD, and their respective successors and assigns. TERMINATION OF USE RESTRICTION AND RIGHT TO REPURCHASE-PAGE 2. 1:\04939\0092\827540.W PO EXHIBIT C, PAGE 2 DATED as of the date first above written. SEMINARY: SOUTHWESTERN BAPTIST SEMINARY DEVELOPMENT FOUNDATION, INC., a cor ration By: Nan rePrinted: . Title: L1,c f pejsiy t-,ul go br&snrrlrion//3L �dgn/c�Nc9>~ii THE STATE OF TEXAS } } COUNTY OF TARRANT } This instrument was acknowledged before me on 2001, by JQ UK 0 .Te rr Te , Vete. Pres%de hj f SoLUhwestern Baptist Seminary Development oundation, Inc., a corporation, on behalf of said corporation. NOTARY PUBLIC, State of Texas My Comm ,dffft, HELEN M HANSON Notary Putriic State of Texas My(-*mrdWcn Exphrw May 17, 2005 TERMINATION OF USE RESTRICTION AND RIGHT TO REPURCHASE-PAGE 3. 1:\04939\0092\127540.W PO EXHIBIT C, PAGE 3 City of Fort Worth, Texas NMI bayorC'Ouncit ,COMMUnleation DATE REFERENCE NUMBER LOG NAME PAGE 7/10/01 L-13088 80FWISD 1 of 1 SUBJECT EXECUTION OF A LEASE AGREEMENT WITH THE FORT WORTH INDEPENDENT SCHOOL DISTRICT FOR USE OF LAND AS A SCHOOL/PARK SITE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a lease agreement with the Fort Worth Independent School District (FWISD) to use 6.18 acres of land as a school/park site. DISCUSSION: On March 6, 2001 (M&C L-13007), the City Council authorized the City Manager to convert the 6.18 acre Seminary Hills Park site for use as a FWISD elementary school/park site. In order to allow FWISD to construct and operate the proposed elementary school, a lease agreement is necessary. The major terms of this agreement are as follows: • Ninety-nine year lease to begin August 1, 2001, and expire July 31, 2100 at $1.00 per year; and • Release of right to repurchase the site by the Southwestern Baptist Development Foundation, Inc.; and • Joint use of the premises as a public school and neighborhood park site; and • Open park space will be open to the public after school hours, during weekends and school holidays; and • Options for joint development of recreational facilities; and • Maintenance of the entire site by the FWISD. The proposed school/park lease site is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) VMOWD Libby Watson 6183 CITY COUNCIL Originating Department Head: Richard Zavala 5704 (from) JUL 10 2001 Additional Information Contact: City s nkb"T of am Richard Zavala 5704 City of Fod Wortk I""