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HomeMy WebLinkAboutContract 35732 ' r CITY SECT CONTR CT Np Y SUPPLEMENTAL LEASE AGREEMENT This Supplemental. Lease Agreement is made and entered into between Eagle Mountain- Saginaw Independent School District, acting by and through Steven G. Newcom, President, Board of Trustees,herein desr ated as`BM-SISD" and the City of Fort Worth acting herein by and through 1)�ct r^C' 7 - its Assistant City Manager, herein designated as "City" WITNESSETH: WHEREAS, EM-SISD and City entered into a Lease Agreement, City Secretary Contract 935342, Contract Authorization C-22113,on May, 15,2007("Original Lease"); WHEREAS, the Original Lease allowed EM-SISD to perform street improvements and storm drain construction adjacent to its properties in connection with the construction of Elementary Schools#11, 12,and 13; WHEREAS, EM-SISD is also being required by City to construct water improvements associated with EMS Elementary Schools#11 and 413, said work being reflected on and located on the attached documents labeled collectively as Exhibit"A"; WHEREAS, EM-SISD and City must execute a supplemental lease to allow the water and sewer improvements shown on the attached Exhibit"A" in order for EM-SISD to perform such work; WHEREAS, the water and sewer improvements to be constructed by EM-SISD in conjunction with Elementary Schools 411 and #13 are to be performed on portions of Cantrell- Sansom Road and Cromwell-Marine Creek Road (County Road 4124) as reflected on Exhibit "A"(the"Leased Premises"),which are property of City; NOW, THEREFORE, for and in consideration of EM-SISD constructing the water and sewer improvements reflected on Exhibit "A" and other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Leased Premises. City, in consideration of EM-SISD constructing the sewer and water improvements reflected on Exhibit "A" and of the covenants and agreements to be performed by EM-SISD herein set forth, does hereby grant to EM-SISD a non-exclusive lease of and temporary construction easement in the Leased Premises. 2. All terms and conditions of the Original Lease shall apply to this Supplemental Lease and shall govern the performance of EM-SISD and City in the construction of the water and sewer improvements reflected on Exhibit"A"attached hereto. Page 1 of 6 c IIII n r�7� 1\ In witness whereof, the parties hereto have caused this Supplemental Lease to be executed as the day and year as set forth below. CITY OF FORT WORTH EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL DISTRICT Printed e: r Steven G.Newcom Assistant City Manager President Board of Trustees APPRO AS TO 7z;;a X__�/ Assi Attorney ATTEST: Y City Secretary Contract Authorization: -aa (� �, SJ Date: Page 2of6 At , � � . 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Toxan TUfOII Peon•:(817) e•assa.F.,r:(anlsae-sofa EXHIBIT A--1 MAY 2007 www.tnp-onlln0..00 , n� 1i� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/15/2007 DATE: Tuesday, May 15, �007 LOG NAME: 12EMSISD REFERENCE NO.: **C-22113 SUBJECT: Authorize to Enter into a Non-Exclusive Lease Agreement with the Eagle Mountain-Saginaw Independent School District to Accommodate the Installation of Community Facilities Required by the Construction of Three Elementary Schools RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a non-exclusive lease agreement with Eagle Mountain-Saginaw Independent School District (EM-SISD) for a portion of Cantrell- Sansom Road, Park Drive, Cromwell Marine Creek Road (County Road 4124) and two future unnamed roads referred to as "Future Road" (the leased areas more particularly reflected in Exhibits "A-C" hereto) adjacent to EM-SISD property to accommodate the installation of community facilities required by the construction of EM-SISD elementary schools No. 11, No. 12, and No. 13. DISCUSSION: EM-SISD is building elementary schools No. 11, No. 12, and No. 13 in the City of Fort Worth. EM-SISD must install community facilities in and around portions of Cantrell-Sansom Road, Park Drive, Cromwell Marine Creek Road (County Road 4124) and two future unnamed roads in the City of Fort Worth to serve the new schools. State law requires that a school district can only make improvements on property the school district owns or leases. EM-SISD has requested a non-exclusive lease of the aforementioned City property in order to make the improvements necessitated by its construction of the three elementary schools. Staff recommends that the City enter into a non-exclusive lease agreement for a term beginning upon execution and terminating when the improvements are completed and accepted by the City. At the termination of the lease, all improvements made by EM-SISD will be owned by the City. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on city funds. TO Fund/AccounVCenters FROM Fund/Account/Centers Submitted for City Manager's Office b)c Marc Ott (6122) Originating Department Head: David Yett (7606) Additional Information Contact: Amy Ramsey (7617) WOOD Logname: 12EMSISD Page 1 of l