HomeMy WebLinkAboutContract 11952-A2 a
CITY SECRETARY 1 I 1kl
CONTRACT NO.
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 f4 day of �2017,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 ("CSC") 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. On September 29, 2016, the Lessor and Lessee executed an Option to Amend the
Agreement 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, said agreement being CSC Number
11952-Al ("Option Agreement");
D. Pursuant to the Option Agreement, the Lessor has until January 1, 2026 to exercise said
option by executing this Amendment and delivering to the Lessee. Once executed and delivered by the
Lessor, the Lessee must execute this Amendment and deliver back to the City within thirty (30) calendar
days after receipt.
E. 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 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.
F. 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 Ten Dollars and No Cents ($10.00) 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:
Et;
C�E�E�VEO I OFFICIAL RECORD
CITY SECRETARY
G1�v or�o0w� FT.WORTH,TX
SE�R�p�
Amendment to Fort Worth City Secretary Contract Number 11952 1 of 5
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
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."
11.
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: awvo l'II by:
Su n Alanis J cinto Ramos
Assistant City Manager President, School Board
Contract Compliance Manager: Approved as to Legality and Form
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements. Attest:
Name of Employee �(
Title Clerk
Fort Worth Board of Education
Amendment to Fort Worth City Secretary Contract Number 11952 OFFICIAL RECORD 2 of 5
CITY SECRETARY'
RT. WORTH, TX
Approved as to Legality and Form:
Tyler F. W;ffach \N OR
Assistant'Ci omey
A st- LIL
0
Maly Kayser ..........
City Secretary
M&C Number: C-28085; January 24, 2017
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Amendment to Fort Worth City Secretary Contract Number 11952 3 of 5
Exhibit "C"
Area to Revert Back to the Lessor
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Amendment to Fort Worth City Secretary Contract Number 11952 4 of 5
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_ (60,R.O.W.) N 89'43'02"E 574.80' RO.W.IN. 479.64'
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1 I I VOL.388.153,PG.87,
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' GENERAL NOTES
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THIS SURVEYDOES NOT C<WSTITUTEA I I
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IASSOCIATES,INC.(S&A)TODETERMINE RALPH E.BUNCHE PARK '
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CENTRAL ZONE 4202 STA TE PLANE GRID I a DUNBAR ADDITION
/ 1 COORDINATES(WIIADTuSTMEND.ALL. 439,535SQ.FT. o, VOL.388-153,PG.87,
COORDINATES WERE GENERATED I I 1`. P.R.T.C.T.
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FITZHUGH AVE. ,2 IRF
THE COORDINATESYSTEAT USED FOR THIS SURvL-YIS (WR-OW) EXHIBIT OF:
A LOCAL PLANE MODIFIED FROMKAM(2011)TEXAS
STA7E PLANE GRID,TEXAS NORTH CENTRAL,ZONE A PORTION OF LOT 2,BLOCK 1,
4202734E LOCAL PLANE WAS SCALED FROM GRID TO DUNBAR ADDITION
SURFACE ATN.6947028.535,E 2358032477 USINGA
COMBINED FACTOR OF 1A0013WI07. VOLUME 388-153,PAGE 87,P.R.T.C.T,
60 120 240
SPOONER&
ASSOCIATES GRAPHIC SCALE:1"=120'
REGISTERED PROFESSIONAL LAND SURVEYORS
309 BYERS STREET,#100
DATE: 11-05-14 N
EULESS,TX 76039 JOB#: 14.099
1817)685.8448 TECH: ALH
WWW.SPOONERSURVEYORS.COM CHECKED BY: ESS
Amendment to Fort Worth City Secretary Contract Number 11952 5 of 5
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
L FORTIVORTII
Ll LOUNCICOUNCIL ACTION: Approved on 1/24/2017
REFERENCE ** 80BUNCHE PARK LEASE
DATE: 1/24/2017 NO.: C-28085 LOG NAME: AMENDMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Amendment to City Secretary Contract No. 11952, a Lease Agreement with the
Fort Worth Independent School District for Bunche Park, Terminating a Portion of the
Lease as to Approximately 10.09 Acres of Land Within the Demised Property and
Causing Possession of Said Portion to Revert Back to the City (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize amendment to City Secretary Contract No. 11952,
a lease agreement with the Fort Worth Independent School District for Bunche Park, terminating a
portion of the lease as to approximately 10.09 acres of land within the demised property and causing
possession of said portion to revert back to the City.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize an amendment to City
Secretary Contract (CSC) No. 11952, a lease agreement with the Fort Worth Independent School
District for Bunche Park (Park), terminating a portion of the lease as to approximately 10.09 acres of
land within the demised property and causing possession of said portion to revert back to the City.
On September 21, 1981, the City leased the Fort Worth Independent School District (FWISD) a
portion of the Park for a period of 99 years for the purpose of building Dunbar Middle School and
associated athletic facilities. Since 1981, the school has constructed and operated J. Martin Jacquet
Middle School (formerly known as Dunbar Middle School) and other various facilities on the property,
but has yet to develop or improve a certain portion of the parent tract of leased land, totaling
approximately 10.09 acres (see attached).
The FWISD has no intention of developing or improving the 10.09 acre tract of land and, therefore,
entered into an Agreement with the City granting the City the exclusive right and option to amend the
lease to except such 10.09 acre tract of land from the lease (CSC No. 11952-A1). The option expires
on January 1, 2026 and was granted in order to allow the City time to prepare a master plan and
ensure funding for the development and operation of the 10.09 acre tract of the Park. On June 3,
2016, the City entered into a Professional Services Agreement with Pacheco Koch Consulting
Engineering, Inc., (CSC No. 47845) to develop a master plan for the 10.09 acre site within the Park,
which was endorsed by the Park and Recreation Board on October 26, 2016 (see attached
exhibit). The City has received $500,000.00 in Community Development Block Grant funds for
development of the Park and will be executing a contract with Pacheco Koch Consulting Engineering,
Inc., for the design and development of first phase improvements within the Park.
Approval of this M&C authorizes the City to exercise its option by executing the above-stated
amendment, partially terminating the lease as to the specified 10.09 acre tract of land and causing
possession of the said land to revert back to the City.
Bunche Park is located in COUNCIL DISTRICT 5.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24224&councildate=1/24/2017 3/23/2017
M&C Review Page 2 of 2
This contract will be with a governmental entity, state agency or public institution of higher education:
Fort Worth Independent School District.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the revision of the boundaries for the lease between the City of
Fort Worth and the Fort Worth Independent School District will have no material impact on the Fiscal
Year 2017 Budget.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID Year Chartfield 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Richard Zavala (5704)
ATTACHMENTS
10.09 Acre Tract of Land.pdf
2016-11-11 Bunche Park Master Plan.pd
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24224&councildate=1/24/2017 3/23/2017