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Home My WebLink AboutContract 11952-A1 CITY SECRETARY �6 CONTRACT N07 1A-5Z OPTION TO AMEND FORT WORTH CITY GG SECRETARY CONTRACT NUMBER 11952 THIS OPTION TO AMEND FORT WORTH CITY SECRETARY CONTRACT NUMBER 11952("Option"), datedSpdky�j�y Zr-1 ,2016,is entered into by and between the Fort Worth Independent School Distri t ("Lessee"), a political subdivision of the State of Texas, acting by and through its duly authorized representative, and the City of Fort Worth, a home-rule municipality ("Lessor"), acting by and through its duly authorized Assistant City Manager. RECITALS A. On September 21, 1981, the Lessor and Lessee entered into Fort Worth City Secretary Contract Number 11952("Agreement"),whereby the Lessor leased to the Lessee a certain portion of land within Bunche Park for a period of 99 years for the purpose of constructing-Dunbar Middle School and as many athletic facilities as reasonably possible on that portion of Bunche Park that lies west of the existing drainage way. B. Since 1981, the Lessee has constructed and operated Dunbar Middle School and various other facilities on the demised property but has yet to develop or improve a 10.09 acre tract of land therein because such development was not necessary for the operation of the middle school. C. Lessee has no intention of developing or improving the above-referenced 10.09 acre tract of land or using it to serve the interests of its facilities and,therefore, desires to give Lessor the option to partially terminate the lease as to said 10.09 acres of land within the demised property and cause possession and control of said portion to revert to the Lessor. D. The purpose of the partial termination of the Agreement is to allow said portion to be developed as a public recreational area by the Lessor. E. Prior to the Lessor exercising the option and taking possession of the 10.09 acre tract of the demised property,the Lessor plans to embark upon a master planning process for the development of such parkland, which will involve, among other things, input from the Lessee concerning any elements that may serve to complement Lessee's facilities at Dunbar Middle School and Dunbar High School. F. In order to allow the Lessor time to prepare a master plan and ensure funding for the development and operation of the 10.09 acre tract of parkland within the demised property, Lessee has agreed to grant to Lessor an exclusive right and option to amend the Agreement to except such 10.09 acres of land from the demised property, which may be exercised by the Lessor on or before January 1, 2026. AGREEMENT In consideration of the mutual covenants and other consideration in this Option, Lessor and Lessee agree as follows: 1. Option Amount. In consideration of TEN AND N0/100 DOLLARS ($10.00) ("Option Amounf), Lessee grants to Lessor the exclusive right and option to amend the Agreement to amend the demised property to save and except 10.09 acres of parkland from the demised property under the Agreement, the details of which are set forth in the Amendment to City Secretary Contract Number 11952, which is attached hereto as Exhibit "1" and incorporated herein for all purposes; SUBJECT, HOWEVER,to the terms and conditions hereinafter set forth. This Option Amount is in addition to and Option to Amend Fort Worth City Secretary Contract Number 11952 OFFICIAL RECi��® CITY SECRETARY !; vVORTHI TX i independent of any other consideration or payment provided for in this Option, is nonrefundable, and shall be retained by Lessee notwithstanding any other provision of this Option. 2. Option Period and Exercise. This Option shall expire on January 1, 2026. Lessor may exercise this Option by executing the Amendment to City Secretary Contract Number 11952, in the form attached as Exhibit"1",and delivering it to Lessee at the address specified in Section 3 below prior to the expiration of the Option. If this Option is exercised in accordance with the terms hereof,then the Lessee shall execute the Amendment to City Secretary Contract Number 11952 and deliver it back to the Lessor within thirty(30)calendar days after receiving such executed amendment from the Lessor. 3. Notices. A. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if delivered in person to the address set forth herein below for the party to whom the notice is given, or placed in the United States mail, return receipt requested, addressed to such party at the address hereinafter specified. B. The address and contact for Lessor for all purposes under this Option and for all notices hereunder shall be: Fort Worth ISD 100 N. University Drive Fort Worth,Texas 76107 Attn:Art Cavazos,Chief District Operations With a copy to: Faye Daniels,Board Secretary Same address. C. The address and contact for Lessee for all purposes under this Option and for all notices hereunder shall be: The City of Fort Worth Park and Recreation Department 4200 South Freeway, Suite 2200 Fort Worth,Texas 76115 Attn:Director With a copy to: City Attorney's Office 1000 Throckmorton Fort Worth,Texas 76102 Attn: City Attorney D. From time-to-time any parry may designate another address within the forty-eight (48) contiguous states of the United States of America for all purposes of this Option by giving the other party not less than thirty (30) days' advance written notice of such change of address in accordance with the provisions hereof. Option to Amend Fort Worth City Secretary Contract Number 11952 2 of 7 4. Entire Agreement. This Option (including the exhibits hereto) contains the entire agreement between Lessor and Lessee with regard to the subject matter contained herein, and no oral statements or prior written matter not specifically incorporated herein shall be of any force and effect. No variation, modification, or changes hereof shall be binding on any party hereto unless set forth in a document executed by such parties or a duly authorized agent,officer or representative hereof. 5. Succession. This Option shall inure to the benefit of and be binding on the parties hereto and their respective successors and assigns. Neither Lessor nor Lessee shall assign this Option or any rights or obligations hereunder to any third party without the prior written consent of the other party and any attempted assignment without the prior written consent shall be void. 6. Governing Law and Venue. This Option shall be governed by and construed in accordance with the laws of the state of Texas. Venue of any action brought under this Option shall be in Tarrant County,Texas if venue is legally proper in that county. 7. Performance of Agreement. The obligations under the terms of this Option are performable in Tarrant County,Texas. 8. Severability. In case any one or more of the provisions contained in this Option shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Option shall be construed as if such invalid,illegal, or unenforceable provision had never been contained herein. 9. No Partnership. The terms, provisions and agreements set forth in this Option are not intended to create a partnership or any other kind of joint venture, and neither party hereto is hereby authorized or appointed to act as the agent or representative of the other in any respect. EXECUTED by Lessor and Lessee to be effective as of the date first written above. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL DISTRICT By: By. an Alanis --Jacinto Ramos Assistant City President, School Board Approved as to Legality and Fo Approved as to Legality and Form: er F. ac nt Cit orney F Atte ttest: 0 0° o� Maay r °q ,°°«� lerk City Sc'meary °°o00000 Fort Worth Board of Education A Option to Amend Fort Worth City Secretary Contract Number 11952 OFFICIAL RECORD 3 of 7 CITY SECRETATTY FT.WORTH9 7" Exhibit"1" Amendment to Fort Worth City Secretary Contract Number 11952 AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NUMBER 11952 THIS AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NUMBER 11952 ("Amendment"),is entered into on this day of ,2C , by and between the Fort Worth Independent School District("Lessee"), a political subdivision of the State of Texas, acting by and through its duly authorize representative, and The City of Fort Worth ("Lessor"), a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized Assistant City Manager. RECITALS A. On September 21, 1981, the Lessor and Lessee entered into Fort Worth City Secretary Contract Number 11952("Agreement"),whereby the Lessor leased to the Lessee a certain portion of land within Bunche Park for a period of 99 years for the purpose of constructing Dunbar Middle School and as many athletic facilities as reasonably possible on that portion of Bunche Park that lies west of the existing drainage way. B. Since 1981, the Lessee has constructed and operated Dunbar Middle School and various other facilities on the demised property but has yet to develop or improve a 10.09 acre tract of land therein because such development was not necessary for the operation of the middle school. C. Lessee has no intention of developing or improving the above-referenced 10.09 acre tract of land or using it to serve the interests of its facilities and,therefore, desires to give Lessor the option to partially terminate the lease as to said 10.09 acres of land within the demised property and cause possession and control of said portion to revert to the Lessor. D. The purpose of the partial termination of the Agreement is to allow said portion to be developed as a public recreational area by the Lessor. AGREEMENT In consideration of One Dollar and No Cents ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and Lessee hereby agree to amend the Agreement as follows: I. The Agreement is hereby amended by the addition of a Section 22 thereto,said section reading as follows: "22. Notwithstanding any of the foregoing provisions, it is agreed that the 10.09 acre parcel of property that is described by metes and bounds and depicted in the survey in Exhibit "C", which is attached hereto and incorporated herein by reference for all purposes, shall be saved and excepted from the tract leased and demised under this Agreement and described in Exhibits "A" and "B". Lessee hereby agrees that the Option to Amend Fort Worth City Secretary Contract Number 11952 4 of 7 Agreement shall terminate as to the saved and excepted parcel set forth in Exhibit "C", and that control and possession of said portion of the demised property shall revert to Lessor." II. All other terms and provisions of the Agreement shall remain in full force and effect except as specifically amended or set forth herein. III. All terms in this Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. EXECUTED by Lessor and Lessee to be effective as of the date first written above. CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL DISTRICT By: by: Name: Name: Title: Title: Approved as to Legality and Form: Approved as to Legality and Form: Assistant City Attorney Attest: Attest: City Secretary Clerk Fort Worth Board of Education Option to Amend Fort Worth City Secretary Contract Number 11952 5 of 7 Exhibit"C" Area to Revert Back to the Lessor " 3Mlip 4�� ;£ 1H IIs lac ;; X56:= Igg', ,` j1 Itgi Eli; � ;I gif pil ;'z fl;Ij v Mra:F, d'jd,a F, i.3jF iaM /// i 5 PUG e°3 11 v !e ! y-4 Pad g _ s , s.t pitEli1 -ass-- — ---- ------ ----�-- — --- �- 4t S Ay 9�i t .t gat m 5 A �� 3 la � i"� i it � �.� _ _ h�•a 5,3,9 - Q s3 jai �#, ��' ' a ca- If BOUNDARY SURVEY OF. SPVONER&S CITY OF FORT WORTH lora e�°ooe°c i, ASSOC/aTES i �+mrn•.. DUNBAR ADDITION e,,,,,v,,.,� voiu•'-aeais�.r�o�nr,v.xr.c.r, m Option to Amend Fort Worth City Secretary Contract Number 11952 6 of 7 RAMEY AVE. a Vr43n2'W (w Raw) N 89'43102°E-574.80' ROWUL 470ae mxxAGE EASEMENT r 17ArDESCRIBED 153,PO.67,PRT.C.T. _J I I wor — — ---- (I POINT OF BEGINNING I XCUTSET OF ND PROPER"NIRER I I MENCING 1 XCUF FOUND ly 0=1?IRON ROD WITH CAP STAMPED SNSS (UOTHEIMSE NOTED) I�� 1 i i DL 10'UnU7Y EASENEW voL.388.153,Pe.n P3tY.CT_ GENERAL NOTES I . TN(SSNRMYDOESNOTGONSURREA I I T171ESEARCHBYSPOONERAND AMMTE-%Wa(s"7DDE ERwNE I I RALPH E.BUNCHE PARK I 1� ° OREASEMENTSOF RECQRO EASEu4vT OROTHER TRW I I 1 ———— IzS NNOT ON7NHISSUR Y. I I 3 FU_MAINDEROF 1 - NAD61G111DCOORDWATESSHIAW (I $ LOT 2,BLOCK 1, rNENra WNTTE MOR I I 10.090 ACRES R DUNBAR ADDITION OOWD ATMCM11Av usTUEIM.ALL I I 439,535 SQ.FT. VOL.388.153,PG.87, COORDPMTESWS7EC,ENfffiATID I I P.R.T.C.T. USING GOD AS TNERFROTWOFWAREA EX.FLOODWAYEASEM VRSNEMgR1 OORTA1NEOBY APORTION OF w VOL358-15J,PG.BT. 1 HESTOMDArASYu^lEY1, II LOT 2,BLOCK I, REMAINDER OF I PRT.C.T. 1 1 I I DUNBAR ADDITION m CITY OF FORT WORTH 1 VOL.388-153,PG.87, 1 VOL,2676,PG.660, 1 II P.R.T.C.T. D.R.T.C.T. 1 II o \ APORTfONDF � N 3r48 t0•W I I CITY OF FORT WORTH \\1 14-47 R=389bl1' I I VOL.287T.PG,580, (� D.R.7.C.T. n�t8'is13° . S Ctv 1N �� ®, t � tti=N45°ss4rW U 11021, ♦ II R--355.W REMNNDEROF A-20.4178 t� LOT 2,BLOCK 1,\ N 54.0323 V�♦ I I—Ch=N 20 DUNBAR ADDITION 81.27' ♦ I Ch 84.24 D8'W VOL.388-153.T G.87, �'(`)I 127W I.� N 74'44'50°W 1 I REMAINDER OF �` I \74.86' 1 CITY OF FORT WORTH R=189.50' VOL.2576,PG.660, ♦ \ A=44'044Y O.R.T.C.T. \ L=130.40' IX1TDFWNAGEEA8EMENr ti \ Ctr=N 5242'28'W NAD83 CHID, VDL 38&163,PU.87, (I 127-21' N.984852/.72/ H 89.41!68'W .L — P.R.T.=T=———`�__—-�_ I I E1357BSS.44S .11 H.O.W.LN. N 69.48'58•W�-141.24' RIL'COORMATESYSMW USED FOR 7MSSORVEYIS FITZ WUFLOOw)AVE- EXHIBIT OF: 1rr IRP A LOCAL PLANE M WAKED FROMNAD83(MI)TSM STAT5PL4MGRJD TEX4SNDRTNC6MAL20NE A PORTION OF LOT 2,BLOCK 1, 420L ME LOCAL Puvr-'wA8S"-DFROWCROTO DUNBAR ADDITION SURFACEAT M 8947027.635,E 7355=47TUSMA COAT JNEVFACMROFL66WJW107. VOLUME 388-153,PAGE 87,P,R.T.C.T. SPOONER& 0 60 120 240 ASSOCIATES GRAPHIC SCALE: =120' REGISTERED PROFESSIONAL LAND SURVEYORS C 909 BYERS STREET,#IDD DATE: 11-05-14 \\ EULESL TX 76039 JOB#: 14-099 �9 (817)685.8418 TECH: ALH WWW.SFGONERSURVEYORS.COM CHECKED BY: ESS Option to Amend Fort Worth City Secretary Contract Number 11952 7 of 7