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HomeMy WebLinkAboutContract 26185 CITY SECRETARY CONTRACT NO LEASE'AGREEMENT This LEASE AGREEMENT is made and entered into this the day of , 2000, by and between the BOARD OF DIRECTORS OF THE SOUTHWEST CHRISTIAN SCHOOL (hereinafter referred to as the "SCHOOL"), a non profit organization operating as a Christian educational facility located within Tarrant County, Texas and 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 herein by and through its duly authorized City Manager. RECITALS On November 17, 1977 the City of Fort Worth acquired 1.48 acres, more or less, through the Parkland Dedication Policy and a Community Facilities Agreement for a public park located at 5100 Hastings Drive. On February 15, 1979, the CITY entered into a twenty-year lease for land adjacent to the 1.48 acres with the DAN DANCIGER JEWISH COMMUNITY CENTER under City Secretary Number 10317 for a certain tract of land now known as Rosenthal Park to construct, maintain and otherwise provide public recreation land and facilities on a total of 6.11 acres. The lease terminated under the provisions of the Agreement on February 14, 1999. Southwest Christian School purchased this certain tract of land, including the area known as Rosenthal Park, from the Dan Danciger Jewish Community Center on May 26, 1999. The neighborhood and surrounding area continue to need a neighborhood park to serve the community. Therefore, the CITY has requested that the SCHOOL lease to the CITY 2.00 acres, more or less, being a part of that tract known as Rosenthal Park in order to continue the use and maintenance of the same as a public recreational area and neighborhood park. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. DESCRIPTION. The SCHOOL grants to the CITY a license for the use of Rosenthal Park, containing approximately 2.00 acres, more or less, being a part and section of the original complete tract consisting of 4.63 acres more particularly described in Exhibit "A" and hereafter referred to as the "Premises". SGT"U MCCIRRY Il 1, .�-54P NO TEK Exhibit "A" is attached hereto and incorporated herein by reference for all purposes incident to this Agreement. 2. TERM OF AGREEMENT. The primary term of this lease shall be in effect for a period of five (5) years commencing on August 1, 2000 and terminating July 31, 2005 and continue in force unless and until terminated in accordance with the provisions provided herein. Upon mutual agreement and written execution thereof between the parties, this contract may be extended for one five (5) year period on the same terms and conditions specified herein, except that any further increase in said lease fee beyond what is cited in this Agreement must be approved and accepted by both parties. 3. LEASE FEE. The fee for the use of Rosenthal Park payable to Southwest Christian School by the City of Fort Worth is One Thousand Six Hundred Fifty Dollars ($1,650.00) per annum in the first lease year, with a ten percent (10%) escalating fee for each year thereafter throughout the primary lease term. Therefore, the lease fees for the primary term are as follows: A. One Thousand Six Hundred Fifty Dollars ($1,650.00) per annum for the first year of the lease; B. One Thousand Eight Hundred Dollars ($1,800.00) per annum for the second year of the lease; C. Two Thousand Dollars ($2,000.00) per annum for the third year of the lease; D. Two Thousand Two Hundred Dollars ($2,200.00) per annum for the fourth year of the lease; and E. Two Thousand Four Hundred Dollars ($2,400.00) per annum for the fifth year of the lease. The lease fee shall be payable by the CITY to the SCHOOL on or before September 30th of each lease year. The parties agree that all consideration detailed in this Agreement fairly compensates the SCHOOL for the lease granted to the City and the SCHOOL acknowledges receipt and acceptance of this consideration. 4. USE AND MAINTENANCE OF PREMISES. The premises shall be used for a neighborhood park and shall be maintained and operated consistent with all other parks within the same classification in the City of Fort Worth park system. The CITY shall, during the term of this Contract, maintain and repair the premises in accordance with the CITY's normal and customary standards of park maintenance. Mr, l is ULA✓ @ 5. IMPROVEMENTS. Exclusive right, title and interest in all improvements now existing or placed in the future on the leased premises by the CITY shall remain with the CITY, including but not limited to, the picnic shelter, multi-use court and picnic tables. The CITY retains the right, at its discretion, to remove or add any or all of the structural improvements at any time before or at the expiration of the primary lease term or the end of the extended lease term, if said lease is extended by mutual agreement between the parties. It is understood and agreed that the nature and extent of the recreational facilities now or hereafter constructed by the CITY on the leased premises shall be within the discretion of the CITY. The CITY agrees to relinquish all rights and ownership to the ball field improvements, backstop and bleachers existing at the time of the execution of this lease to the SCHOOL. Within thirty days from the execution of this Agreement, the SCHOOL agrees to relocate the property fence to a mutually agreed upon location to allow access to the leased area. 6. RULES, REGULATIONS AND OPERATION. The premises shall be subject to the same rules, regulations and methods of operation as other public parks operated by the City of Fort Worth's Park and Community Service Department for the public benefit. 7. TERMINATION. A. If the CITY fails to pay the SCHOOL the lease fee cited in this Agreement or the CITY fails to use the Premises for a park, then this Agreement may be terminated by the SCHOOL under the provisions of this section. If the SCHOOL fails to perform any provision of this Agreement then the CITY may terminate this Agreement under the provisions of this section. If said Agreement is terminated by the CITY due to said failure of the SCHOOL, the yearly lease fee paid to the SCHOOL by the CITY shall be reimbursed to the CITY on a pro-rata basis. Termination of this Agreement will occur only if the default continues 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. B. In the event of termination by either party and at the request of the SCHOOL, the CITY shall have ninety (90) days from the date of termination to remove such improvements belonging to the CITY from the leased premises. Absent a request by the SCHOOL to remove said improvements, the CITY, in its discretion, may remove any or all of the improvements placed on said property Fell" '!_u G p VE by the CITY, excluding the ball field improvements, backstop and bleachers existing at the time of the execution of this Agreement. 8. INSURANCE. It is agreed between the SCHOOL and the CITY that the SCHOOL will secure and furnish CITY with a CERTIFICATE OF LIABILITY INSURANCE which will remain in force during the term of this lease, in the amount of $2,000,000 for each occurrence and $4,000,000 for general aggregate listing the SCHOOL as the insured and the "City of Fort Worth, Texas, its officers, agents and employees" as an additional insured. 9. INDEMNITY. A. To the extent permitted by law, the CITY covenants and agrees to and does hereby indemnify, hold harmless, and defend Southwest Christian School, its officers, employees, agents or servants acting in the course and scope of their employment, from any and all suits, claims or causes of action for property loss or damage and/or personal injury, including death, which may arise out of the negligence of CITY employees, officers, agents or servants; provided, however, that this indemnity agreement does not cover or include: (1) any liability or obligation to third parties based on any contract to which the CITY is not a party; or (2) any tort claim or liability arising out of the sole negligence of Southwest Christian School; its officers, employees, agents or servants; or (3) any tort claim or liability for which the CITY would not be liable if the same were asserted directly against the City; or (4) any tort claim or liability arising out of the gross negligence, malicious intent, bad faith, or other intentional, deliberate, willful or malicious act of Southwest Christian School, its officers, agents, employees or servants, whether or not there is negligence on the part of the CITY, its officers, agents, employees or servants. B. Southwest Christian School 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 licensed premises. Southwest Christian School 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. UV11J� r� 'u V :I'UU L G-S� �:COG�D 1f Ir leo Y•03 :U t('g Tug C. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by Southwest Christian School or the CITY as to any claim of any third party, however the CITY does waive immunity to any claim of Southwest Christian School 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. 10. PARTIES BOUND. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 11. 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. 12. 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. 13. SOLE AGREEMENT. This Agreement constitutes the sole and 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 + Y.-c — , 2000. CITY OF FORT WORTH SOUTHWEST CHRISTIAN SCHOOL 1000 Thr ockIILA rton Street 67915-JDan Danciger Road Fort W h, Texas 76102 Fort Worth, Texas 76133 Libby tson By:; Assistant City Manager President, Board of Trustees 0IRCM1 uICOO VIM Ft �4 u�G.' 1�� ��U'o ATTEST: ATTEST: By: City Secret rs, 9 _ ���� By: Sec ry, Board of Trust APPROVED AS TO FORM AND LEGALITY Assistant i y Attorney contract Authorization Date 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 Libby Watson, 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 for 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 herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this // I day of �� , 2000. ROSELEA BARNES *: NOTARY PUBLIC Notary Public in and for •, := State of Texas the State of Texas � `-` Comm- Exp,o3-s1-toot STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, aJotary Pu lic in and for the State of Texas, on this day personally appeared , ?J known to me to be the person whose name is subscribed to the fore oing instrument, and �rL;! G�ISIIWUS acknowledged to me that the same was the act of the Southwest Christian School and that he executed the same as the act of the said Southwest Christian School for the purposes and consideration therein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 6T, , 2000. Esji'= KATHY BOOMER -A MY COMMISSION EXPIRESNotary Public n and for June 23,2002 the State of Texas EC0P1,CD JL IL ,- Lia lot LO �-- Y� IlFJe jo- o J CNN t(*;PMvI � r+ YR. I City of Fort Worth, Texas "Anon and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/25/00 **L-12855 I 80SWCROSE 1 of 2 SUBJECT LEASE AGREEMENT WITH SOUTHWEST CHRISTIAN SCHOOL FOR LAND ADJACENT TO ROSENTHAL PARK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Southwest Christian School (SCS) to lease approximately two acres adjacent to Rosenthal Park for a five-year period with one five-year renewal period at a cost of $1,650 in the first year, and a 10% escalation fee each year thereafter throughout the primary lease term. DISCUSSION: The City of Fort Worth acquired 1.48 acres on November 17, 1977, through the Parkland Dedication Policy and a Community Facilities Agreement for a public park located at 5100 Hastings Drive. In 1979, additional land was leased from the Dan Danciger Jewish Community Center (JCC) for a total of 6.11 acres. The City entered into a 20-year lease with the JCC commencing on February 15, 1979, and terminating February 14, 1999. The purpose of the lease was to construct, maintain, and otherwise provide public recreation land and facilities. The City constructed improvements on the leased areas, including a ballfield, multi-purpose court, pavilion, playground and several picnic areas. Per the lease, the City retained exclusive right, title and interest in all the improvements constructed. Staff was notified in early February 1999 that SCS intended to purchase the JCC to use as their school for K-6 grades. In May 1999, SCS purchased the school site and negotiations began with the new owners regarding the continued use of the leased property. A number of options were explored ranging from renewing the lease agreement in its entirety to terminating the lease and removing all improvement§. On June 15, 2000, an agreement was reached to lease approximately two acres from SCS for a five- year primary lease term with the option to renew for five additional years. Lease fees will be $1,650 in the first year, and a 10% escalation of the fee each year thereafter throughout the primary lease term. The lease fee in years 2, 3, 4, and 5 would be $1,800, $2,000, $2,200 and $2,400, respectively. Other terms of the agreement include: (1) relocation of the SCS property fence to a mutually agreed upon location to allow access to the leased area, (2) the City will relinquish ownership of the ballfield, backstop and bleachers to SCS, and (3) the City will retain ownership of all improvements in the leased area including, but not limited to, the pavilion, multi-purpose court and picnic tables. On June 20, 2000, the Parks and Community Services Advisory Board endorsed staff's recommendation to the City Council with an additional recommendation that "the City Council consider appropriating funds in either the next Capital Improvement Program or sooner to reevaluate the lease and either purchase the adjacent SCS property in question or redevelop the existing City-owned land for Rosenthal Park." City of Fort Worth, Texas "affor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/25/00 **L-12855 1 80SWCROSE 2 of 2 SUBJECT LEASE AGREEMENT WITH SOUTHWEST CHRISTIAN SCHOOL FOR LAND ADJACENT TO ROSENTHAL PARK This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Dt'f ce by: (to) ribby Watson 6183 CITY COUNCIL Jriginating Department Head: tichard Zavala 5704 (from) JUL 25 2000 GG01 539120 0807021 $1,650.00 � \dditional Information Contact: City Se,Mtary at t1:ti Lichard Zavala 5704 MIT of Fort Worth,Talc== City of Fort Worth, Texas 4"01yor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/25/00 **L-12855 80SWCROSE 2 of 2 SUBJECT LEASE AGREEMENT WITH SOUTHWEST CHRISTIAN SCHOOL FOR LAND ADJACENT TO ROSENTHAL PARK This project is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. LW:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 APPROVE { originating Department Head: CITY COU��DII t �C�4 Richard Zavala 5704 (from) JUL 25 2000 GG01 539120 0807021 61,650.00 Additional Information Contact: ..l�•�/ City gocreasy Richard Zavala 5704 City of Fort=b,`faxes