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STATE OF TEXAS § "C i NO
COUNTY OF TARRANT §
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this the 1 S} day of
2005, by and between the CITY OF FORT WORTH, a home rule
municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties,
Texas (Hereinafter referred to as the "CITY") and the BOARD OF TRUSTEES 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").
RECITALS
WHEREAS, on October 21, 1981, the CITY leased a tract of land from the Fort Worth
Independent School District for use as a park now known as Westwind Park under a twenty-year
lease agreement;
WHEREAS, the neighborhood and surrounding area continue to need a neighborhood
park to serve the community;
WHEREAS, the CITY has requested that the FWISD renew the lease to the CITY for
that certain tract of land known as Westwind Park, under a ten-year lease with two, five-year
renewal options, in order to continue the use and maintenance of the same as a public
recreational area neighborhood park;
WHEREAS, at a regular meeting of the Fort Worth City Council held on AQ G L111-
2005, said Council approved said, request;
WHEREAS, at a regular meeting of the Board of Education of the Fort Worth
Independent School District on April 26, 2005, regarding the leasing of said tract by Lessor to
Lessee, said Board approved said request;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
• V U C I J �•.�
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1.
LEASE SITE
The FWISD hereby leases to CITY a certain tract of land known as Westwind Park for
the use and maintenance of same as a public recreational facility, (hereinafter referred to as the
"Premises") said lease site being more specifically described and illustrated in Exhibits "A" and
"B," attached hereto and made part hereof for all purposes.
2.
TERM OF AGREEMENT.
This lease agreement shall be for an initial term of ten (10) years, commencing on the I'
day, of June 2005 and terminating on the 31st day of May 2015, unless terminated earlier
pursuant to the termination provisions expressed herein. .
The primary term may be renewed by mutual agreement between the FWISD and the
City for two (2) successive five (5) year terms, under the same conditions and terms of this
Agreement. The City must advise the FWISD in writing of its intent to renew the lease no later
than sixty (60) days prior to the termination date of the initial ten-year period, and prior to the
termination dates of each of the two successive, 5-year renewal periods. Failure of the CITY to
give the FWISD timely notice of said intent to renew will cause the lease to terminate at the
option of the FWISD, at the end of its initial term
3.
LEASE RENTAL FEE.
In consideration of the right to use the demised Premises, CITY agrees to pay FWISD
One Dollar and No/100 Cents ($1.00) per annum as lease rental
The parties agree that all consideration detailed in this Agreement fairly compensates
FWISD and FWISD acknowledges receipt and acceptance of this consideration.
Payment of the annual rental shall be made at the beginning of the lease term at the
administrative office of the Board of Education of the Fort Worth Independent School District,
100 University Drive, NW 140 F, Fort Worth, Tarrant County, Texas. . CITY, at its option,
may pay to FWISD the entire lease rental for the first term, the sum $10.00, at the execution of
this Agreement.
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appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City
may terminate this Agreement to be effective on the later of (i) thirty (30) days following
delivery by the City to FWISD of written notice of the City's intention to terminate or (ii) the
last date for which funding has been appropriated by the City Council for the purposes set forth
in this Agreement.
4.
USE OF PREMISES.
The Premises shall be used for a neighborhood park and public recreational facility.
CITY 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. This lease is subject to all existing
easements for public roads, channels, highways, public utilities, railroads, pipelines and
electrical transmission lines.
5.
IMPROVEMENTS.
As further consideration herein, the CITY may construct, at it's own cost and expense,
such recreational facilities as the CITY may hereafter deem necessary and FWISD hereby grants
its consent for the construction of same. It is understood and agreed that the nature and extent
of the recreational facilities constructed by the CITY on the demised Premises shall be within
the discretion of CITY.
If any recreational facilities or improvements are to be constructed or placed on the
Premises by an entity other than the CITY, FWISD agrees to submit such construction plans
and/or drawings to the CITY's Parks and Community Services Department for approval not less
than sixty (60) days prior to beginning construction or placement of improvements on the
Premises. All recreational facilities shall meet the current CITY standards.
CITY shall have exclusive right, title and interest in all structures and improvements on,
or to be constructed in the future, on the Premises. CITY shall have the right to repair and/or
remove any and all structures or improvements on'the Premises pursuant to the terms of this
Agreement. At the end of the term of this lease agreement, CITY shall have the right to enter
the Premises and remove any and all structures or improvements constructed by CITY pursuant
to the terms of this Agreement. q
6.
RULES,REGULATIONS AND OPERATION.
The Premises shall be subject to the same rules, regulations and methods of operation as
other public parks operated for the public benefit by the City of Fort Worth Park and
Community Service Department. The CITY 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.
7.
TERMINATION.
A. If the CITY fails to pay FWISD 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 FWISD under the
provisions of this section.
If the FWISD fails to perform any provision of this Agreement then the CITY may
terminate this Agreement under the provisions of this section.
B. 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.
C. In the event of termination and at the request of the FWISD, the CITY shall have
ninety (90) days from the date of termination to remove such improvements and structures
belonging to the CITY from the leased Premises. Absent a request by the FWISD to remove
said improvements and/or structures, the CITY, in its discretion, may remove any or all of the
improvements and structures placed on said property by the CITY.
D. This Agreement may be terminated without cause by either party upon thirty(30)
days written notice to the other party of such intent to cancel and terminate the Agreement.
8.
NOTICE OF CLAIMS, WAIVER OF IMMUNITY.
CITY shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the FWISD. FWISD shall operate hereunder as an independent
4. 'CITE'
contractor and not as an officer, agent, servant or employee of the CITY. CITY shall have the
exclusive control of, and the exclusive right to control the work designated to the Lessee 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, 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, employees, or officers of the other.
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 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.
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. It is understood that by execution of this Agreement, the City does
not waive or surrender any of it governmental powers.
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.
9.
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. 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
5.
FWISD:
President, Board of Education,Fort Worth Independent School District
100 North University Drive, Suite 150
Fort Worth, Texas 76107
10.
ASSIGNMENT.
Neither party hereto shall assign or sublease its privileges, rights or duties
hereunder without written permission of the other party.
11.
PARTIES BOUND.
This Agreement shall be binding upon the successors and assigns of both parties in like
manner as upon the original parties.
12.
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.
13.
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.
14.
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
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6.
the subject matter. No amendment, modification or alteration of the terms hereof shall be
binding unless the same is in writing, dated subsequent to the date hereof and duly executed by
the parties hereto
EXECUTED this the day of_ A 2005.
CI7CY OFF RT WORTH FORT WOR INDEPENDENT
SCHOOL STRIC
ibby Wai6on, William oehler, President
Assistant City Manager Board o Education
ATTEST: ATTEST:
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City Secretary Se r tary,Board Trustees
APPROVED AS TO FORM
AND LEGALITY:
y
Sarah FuIlenwider,
Assistant City Attorney
C=ao�g7
Co*tr Ct Authorization
Date7.
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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 thise—day of 2005.
Notary Public in and for the State of Texas ;,�^�r aosEua,BARNES
My Commission Expires: 3 31 l 0 5 MY COMMISSION EXPIRES
Mende 31,2009
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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, William Koehler, 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.
Subscribed and sworn
to before me this oZ day of , 2005.
- X,2� oC. U(J
Notary Ablic in and for the State of Texas
P
My Commission Expires: jZ*EAYLE L.WILLIAMSNotary PublicSTATE OF TEXAS Comm.Exp.08/07/2008
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S.
FIELD NOTES
FOR
WESTERN HILLS ELEMENTARY SCHOOL
LEASE
Apparent owner: Fort Worth Independent School District, V.3310,P. 510
V. 3923, P. 511 and V. 4151 , P. 465, D.R. ,T.C. ,T.
A parcel of land out of Block 35, Western Hills Addition , Section No. 3,
to the City of Fort Worth according to Plat recorded in Volume 388-15,
Page 267, Plat Records , Tarrant County, Texas , and being more particu-
larly described as follows:
BEGINNING at the northwest corner of said Block 35, said point being
at the intersection of the south line of Calmont Avenue with the east
line of Laredo Drive;
THENCE: South no degrees 52 minutes West, along the west line of said
Block 35 and the east line of Laredo Drive, 367.35 feet to a
point, said point being on the projection of the south wall
of the school gymnasium;
THENCE: South 89 degrees 08 minutes East, along the projection of the
said south wall of the gymnasium, 249.25 feet to the south
west corner of said gymnasium;
THENCE: North no degrees 52 minutes East, along the west wall of said
gymnasium, passing. its northwest corner at 80.0 feet, and
containing, in all a total distance of 367.35 feet to a point
in the north line of said Block 35 and the south line of Cal-
mont Avenue;
THENCE: North 89 degrees 08 minutes West, along the north line of said
Block 35, and the south line of Calmont Avenue, 249.25 feet to
the point of beginning and containing 91 ,562.0 square feet of
land, which is 2. 102 acres more or less .
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
GARY L. SANTERRE, P.E. , DIRECTOR
JOHN L. JONES , P.E, CHIEF ENGINEER
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City of Fort Worth, 'Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 81412005
DATE: Thursday, August 04, 2005
LOG NAME: 80WESTWIND REFERENCE NO.: **C-20887
SUBJECT:
Authorize Execution of Lease Agreement for Westwind Park from the Fort Worth Independent
School District
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a lease agreement with the
Fort Worth Independent School District to lease Westwind Park for a ten-year period with two successive
five-year renewal options at a cost of$1.00 per year, beginning on June 1, 2005.
DISCUSSION:
On May 23, 1978, (M&C G-3820) the City Council authorized City Secretary Contract (No. 12060) leasing a
tract of land for Westwind Park from the Fort Worth Independent School District. The park is located at
2833 Laredo Drive adjacent to Westwind Elementary School. This agreement was for a twenty year period
at a rental of$1.00 per year beginning on November 1, 1981.
The Fort Worth Independent School District has agreed to lease the land for the existing park to the City for
a ten year period with two five year options to renew by mutual agreement between the City and the
District. On April 26, 2005, the Board of Education for the Fort Worth Independent School District approved
the lease of the land to the City of Fort Worth .
This project is located in Council District 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM F u nd/Accou nt/C enters
GG01 539120 0807041 $1.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Randle Harwood (5704)
Additional Information Contact: Sandra Youngblood (5755)
Logname: 80WESTWIND Page I of I