HomeMy WebLinkAboutContract 19602 LEASE AGREEMENT
STATE of TEXAS
COUNTY OF TARRANT
SECTION 1 .
This ground lease agreement is made and entered into at Fort
Worth, Texas, by and between the City of Fort Worth, hereinafter
referred to as "Lessor" , and All Seasons Yachts, Inc. . a Texas
Corporation, hereinafter referred to as "Lessee" .
SECTION 2 .
For and in consideration of the rental payments to be paid
hereunder and the further agreements of the parties expressed
herein, Lessor does hereby lease, let and demise the property
described as f ollows
Marina Park, Fort Worth, Tarrant County,
Texas, and as more specifically described in
the attached Exhibit "A" , attached hereto and
incorporated herein.
SECTION 3.
This lease shall commence on Z r and terminate on
April 1, 1998 unless a prior termination is effected by either
party hereto pursuant to the termination provisions expressed
herein.
SECTION 4 .
As consideration for this lease, Lessee agrees to pay annual
rent to Lessor in the sum of one Dollar ($1 . 00) per year.
SECTION 5 .
Lessee shall pay promptly all taxes, monthly charges,
assessments and/or levies of any nature or character wbatsoever
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CITY ARAPGAMETUY
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which may be lawfully assessed, taxed, levied or made against the
leasehold estate hereby created and/or any improvements or personal
property located on the demised premises.
SECTION 6 .
Lessee covenants and agrees that at all times during the term
of this agreement, Lessee will operate the leased premises as a
public park for the use, benefit and enjoyment of the public.
Lessee agrees that with respect to admission of the public and the
charge therefor, Lessee will not discriminate as to race, religion,
color, sex, national origin, age, or disability.
SECTION 7 .
As further consideration for this lease, Lessee covenants and
agrees :
a) to establish controlled operating hours during which the
public shall have access to the leased premises upon
payment of a reasonable admission fee;
b) to maintain the leased premises in a safe, clean, neat
and attractive condition at all times;
C) to provide reasonable security for all persons, equipment
and structures on the leased premises;
d) to provide sufficient parking spaces for all persons
admitted to the leased premises, provided, however, that
no fee other than the flat admission fee shall be
charged;
e) to provide at all times during hours of operation at
least three telephones to which the public has access;
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f) to provide at all times during hours of operation
restrooms to which the public has access, sufficient in
number, and maintained by Lessee in safe and sanitary
condition;
g) to provide at all times during hours of operation
adequate drinking water which meets all Texas Department
of Health drinking water regulations, to which the public
has access, including at least two drinking water
fountains;
h) to establish and maintain separate swimming and boating
areas, if such activities are permitted by Lessee;
i) to have available at all times during hours of operation
sufficient first aid supplies, other emergency equipment,
and trained personnel to ensure the safe operation of the
leased premises;
j Starting in 1993 an continuing during the entire term of
the lease:
( 1 ) to provide security personnel during the months of
March through September, inclusive;
(2 ) to add two (2) restrooms to the existing
facilities;
( 3) to add fifteen ( 15) picnic tables to the existing
thirty-seven picnic tables, for a minimum of fifty-
one ( picnic tables;
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(4 ) to add twenty ( 20) charcoal grills and smokers to
the ten ( 10) existing grills and smokers, for a
minimum of thirty ( 30) grills and smokers;
(5 ) to add five (5 ) loads of white sand to the beach
area;
(6 ) to add two (2 ) water fountains to the existing
facilities;
(3 ) to continue with two (2 ) in-water volleyball
courts, to resand the existing volleyball court,
and to add one ( 1 ) additional volleyball court;
(8 ) to install special drains to eliminate present
erosion problems;
(9 ) to add a floating swimming and diving platform;
k) Starting in 1994 and continuing during the entire term of
the lease, to add a music and paging system;
1} Starting in 1995 and continuing during the entire term of
the lease:
( 1 ) to install a concrete pad for the band shell for
in-park entertainment.
(2) to install additional evening park lights for
security;
( 3) to install an underground sprinkler system;
m) To repair and maintain the complete facility, including
the replacement of existing improvements as needed. Such
improvements as may need replacement include, but are not
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limited to, picnic tables, charcoal grills and smokers,
game equipment, and white sand on the beach.
SECTION $ .
Lessee shall comply with all applicable laws prevailing in the
jurisdiction in which the leased premises are located.
Lessee shall not commit nor allow to be committed any waste on
the leased premises, nor shall Lessee maintain, commit or permit
the maintenance or commission of any nuisance on the leased
premises or use the leased premises for any unlawful purpose.
SECTION 9.
Lessor expressly disclaims any warranty of suitability that
may otherwise have arisen by operation of law. Lessor does not
warrant that there are no latent defects in the premises that are
vital to the Lessee's use of the premises for their intended
purpose and that the premises will remain in a suitable condition.
Lessee expressly agrees to lease the property "as is" , expressly
accepts the premises in their present condition as being suitable
for all purposes of this lease, and expressly waives any implied
warranty of suitability.
SECTION 10.
Lessee agrees that he will maintain the leased premised and
keep same in good repair at Lessee's sole cost and expense. All
maintenance, repair and upkeep of the leased premises shall be in
accordance with all applicable city ordinances and Park and
Recreation department rules, regulations, and specifications.
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SECTION 11 .
Lessee shall not construct any improvements on the leased
premises without the prior written consent of Lessor, and any
improvements shall be constructed at the sole expense of Lessee.
Upon the termination of this lease, whether by expiration of its
term or by its earlier termination as provided herein, the title to
any and all improvements placed or constructed on the leased
premises including, but not limited to, those improvements
specified in Section 7 of this lease agreement., shall revert to
Lessor. Lessee covenants and agrees that he will not be entitled
to any reimbursement for the cost or value of any such
improvements . In addition, upon expiration or termination of the
lease, Lessee shall be responsible for removing any personal
property owned by or otherwise belonging to Lessee and not deemed
to be the property of Lessor. The removal of any personal property
of Lessee shall be accomplished solely through Lessee's efforts and
solely at Lessee's expense.
SECTION 121P
Lessee shall not assign or sublet this lease without the prior
written approval of Lessor. Lessee shall likewise not mortgage or
encumber the leasehold in any way without such prior written
approval.
SECTION 13.
If Lessee is in default of any provision of this lease, Lessor
may give notice to Lessee of termination of the lease by default,
said notice to be in writing and specifying the default or defaults
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upon which the termination would be based. Lessee will have thirty
( 3 0 ) days from the date of the notice of default within which to
correct such default or defaults upon which the termination is
based or the lease shall be terminated.
Either party shall have the right to terminate this lease at
any time for any reason unrelated to the other party's default or
breach of any of the terms expressed herein upon thirty ( 30 ) days'
written notice to the other party prior to the intended termination
date.
If this lease is terminated by Lessor, all rights of Lessee
shall cease and Lessee shall, within ninety ( 90) days after
termination, vacate the premises and return the premises to its
original condition. Any property of Lessee not removed within
ninety (90) days, at Lessor's election, may be retained and
disposed of by Lessor. Lessee shall make no claim of any kind
against Lessor for the termination.
SECTION 14 .
The waiver by Lessor of any def cult or breach of a term,
covenant or condition of this lease shall not be deemed to be a
waiver of any other breach of that term, covenant or condition or
of any other term, covenant or condition of this lease, regardless
of when the breach occurred.
SECTION 15.
Lessor reserves the right to enter upon the leased premises at
all reasonable times for the purpose of inspecting the premises or
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otherwise using the premises, consistent with Lessees rights
hereunder.
SECTION 15 .
It is expressly understood and agreed that Lessee shall
perform its obligations and responsibilities hereunder as an
independent contractor and not as an officer, agent, representative
or employee of Lessor; that Lessee shall have exclusive control of
and the exclusive right to control the details of its obligations
and responsibilities and all persons performing same; that Lessee
shall be solely responsible for the acts or omissions of its
of f icers, agents, employees or other persons under its supervision,
management and control; that the doctrine of respondeat superior
shall not apply as between Lessor and Lessee; and that nothing
herein shall be construed as creating a partnership or joint
enterprise between Lessor and Lessee.
SECTION 17 .
Lessee covenants and agrees to indemnify, hold harmless and
defend Lessor, its officers, agents, servants and employees, from
and against any and all claims or suits for property damage, loss
and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out
of or in connection with, directly or indirectly, the leasing, use
of occupancy of said premises during the term of this agreement,
whether or not caused, in whole or in part, by alleged negligence
of officers, agents, servants, employees, customers, contractors,
subcontractors, licensees or invitees of Lessor; and Lessee hereby
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assumes all liability and responsibility of Lessor, its officers,
agents, servants and employees, for property damage or loss and/or
personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out
of or in connection with any and all acts or omissions of Lessee,
Lessee's officers, agents, servants, employees, contractors,
subcontractors, licensees or invitees or patrons, or caused in
whole or in part, by the alleged negligence of officers, agents,
servants, employees, patrons, contractors, subcontractors,
licensees or invitees of Lessor.
SECTION 18 .
Lessee agrees that Lessee will , contemporaneously with the
execution of this agreement, provide Lessor with a certificate of
insurance as proof that Lessee has secured and paid for a policy of
public liability insurance covering all public risks related to the
leasing, use and occupancy of the Leased Premises. At present, the
amounts of such insurance shall be either;
(A) Property Damage, Per Accident $100,000000
Personal Injury or Death, Per Person $250,000 .00
Personal Injury or Death, Per Accident $500.000 .00
OR
(B) Combined Single Limit $500.00000
with the understanding of and agreement by Lessee that such
insurance amounts shall be revised upward at Lessor's option, and
Lessee will also revise such amounts within thirty ( 30 ) days
following Lessee's receipt of written notice of such requirements .
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SECTION 20 .
All notices required hereunder shall be sent to Lessor at the
following address:
Real Property Management
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
All notices of Lessee shall be sent to the following address
,a�� --Z,��Z,Y> -r--
Mailing of all notices pursuant to this Section shall be
deemed sufficient if mailed postage prepaid, certified mail, return
receipt requested, and addressed as specified above, unless either
party has been notified in writing of any change in the other
party's address. All time periods related to any notice
requirements specified in this lease shall commence on the date
notice is mailed unless otherwise specified in the Section
requiring notice.
SECTION 21 .
This lease shall constitute the entire agreement of the
parties of this lease and shall supersede any prior agreements of
said parties f either oral or written, pertaining to the specific
subject matter specified herein.
SECTION 229
This lease and the relationship created hereby shall be
governed by the laws of the State of Texas. Venue for any action
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brought to interpret or enforce the terms of this lease shall be in
Tarrant County, Texas,
SIGNED this _ � day of 19
ATTEST: LES OR: I Y o ORT WORTH
B y r
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND L GALITY: LESSE
Io
L SEASONS CHTS, INC.
c
By: ez��
'' J�M n Swanson, President
A sista City Attorn y
-- -—---------
•
COntract Authorization
STATE of TEXAS § date '
COUNTY of TARRANT §
BEFORE E, t e -zdersxigned authority, on this day personally
appeared C...,_ r�..�_. �'L , 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, a corporation, and that he executed the
same as the act of such corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN NDER MAY HAND AND OF OFFICE this the(ca, day of
lj
1 , , A. Do , 19 ar
F .
•
V. } ! tit �.� t
* STATE OFTWS Notary Public in and for
�
M,Cow.'Ev,JV 2104 The State of Texas
My Commission Expires: ,7 .
11
STATE of TEXAS
COUNTY of TARRANT
BEFORE ME, the undersigned authority, on this day personally
appeared JoAnn Swanson, President, 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 All
Seasons Yachts, Inc. , a copporation, and that she executed the same
as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
f
Notary Public in and or
The State of Texas
My Commission Expires:
12
EXHIBIT TWO
FIELD NOTES FOR
MARIHA PARK
LAKE UORTH LEASES
A parcel of land out of the doses Townsend Survey Abstract.
Ho, 15529 also being a portion of Lake worth Leases called
Har i na Park adjacent to Lot 9-R, Block 8, as shown on the Laka
worth Lease naps on file in the Transportation and Public Uorks
Department, City of Fort Uortth, and being more particularly
described as follows:
BEGINNING at the most southerly southeast corner of said Marina
Parks. said point. also being the northeast corner of said Lot
9-R. Block 8, and being in the westerly line of Marina Drive;
THENCE: North 29 degrees 30 minutes East, along the
southeasterly line of said park and said westerly line of Marina
Drive, 82.70 feet to a point;
THENCE: Horth 48 degrees 33 minutes East, continuing with said
lines 64.C0 feet to a point for the most easterly corner of said
park and being in the westerly line of Tompkins Corner;
THENCE: Horth 32 degrees 31 minutes Uest s. along the easterly
line of said park and said westerly line of Tompkins Corner,
512. 12 feet to a point at the shore line of Lake Uorth;
THENCE: Along the shoreline of Lake worth these f o 1 1 ou i ng
courses and distances South 89 degrees 32 minutes Uest, 121 .29
feet to a points and South 75 degrees 52 minutes 36 seconds west
81 .27 feet to a point, and South 79 degrees 20 minutes 28
seconds west 55. 17 feet to a point, and South 83 degrees 04
minutes 56 seconds west 20 . 11 feet to a point, and South 41
degrees 37 minutes 46 seconds Uest 1 1 . 12 feet to a point, and
South 10 degrees 16 minutes 05 seconds East. 98.01 f eet to a
point, and South 03 degrees 10 minutes 30 seconds Uest 53.45
feet, to a point, and South 25 degrees 55 minutes 04 seconds
Uest, 60.09 feet to a point, and South 22 degrees 55 minutes 29
seconds Uest 66. 11 feet to a point, and South 32 degrees 52
+n i nutes 55 seconds Uest, 59.0 feet to a point for the most
westerly corner of said park and being the most northerly
northwest corner of Lot 9-R, Block 8.
THENCE: Along the southerly line of said park and the northerly
line of said Lot 9-R these following courses and distances,
South 72 degrees 49 minutes East, 254 .20 feet to a point and
South 48 degrees 15 minutes East, 140 .0 feet to a point and
South SE degrees 20 minutes East 191 .0 feet to the POINT of
BEG I HH I NC and containing 208}694 ,0 square feet of land more or
1 ess.
City
Texas
Maycoowrr and •
CAOrMMUnication
r
A'rE REFERENCE HUMBER L NAME PAGE 03/30/93 �-1��68 3vYACHT 1 of 1
SUBJECT LEASING OF MARINA PARK TO ALL SEASONS YACHTS INC.
RECOMMENDATION:
It is recommended that the City Council approve the leasing of the area on Lake Worth
known as Marina Park for $1.00 per year to All Seasms Yachts. . to operate and
maintain Marina Park. The lease will be for five years.
DISCUSSION:
Marina Park is located on Lake Worth adjacent to Lake Worth Marina which All Seasons
Yachts, Inc. (Joanne and Jerry Swanson) owns and operates. All Seasons Yachts, Inc.
will be responsible for the maintenance, management and improvements to the park during
the five-year term of the lease,
The City of Fort Worth will become owner of all the
improvements upon expiration of the lease.
The area known as Marina Park has been utilized as a park for several years; however,
this property has never been dedicated as a park. Currently serious problems exist for
the Park Police and City Police due to gang--related violence and other activities.
Overcrowding has also resulted in crowd control problems for the adjacent marina
facility.
In exchange for the lease rate ($1.00 per year) , All Seasons Yachts, Inc. has agreed
to provide, among other things, security personnel during the months of March through
September, improved parking facilities, additional restrooms, swimming and diving
platforms, public telephones, music and paging systems, picnic tables, grilles,
drinking fountains and other park-related amenities. These improvements and
installations will be implemented during the first three years of the five-year lease
in accordance with an agreed-to program.
All affected departments have reviewed this proposal and concur with the intended use
of the property under the proposed agreement.
This property is located in DISTRICT 7.
MG:v
Su fitted for City Manager's FUND ACCOUNT J CENTER AMOUNT CITY SECRETARY
Office by: to
Mike Groomer 6140 Originating Department Head: CITY C OUNICIL
A. Douglas Rademaker 6157 rom
hop 30 1993
For Additional Information of e
Contact. city s� ?eras
pity of Fort Worth,
Jane Goodspeed 8363
Printed on recycled paper