Loading...
HomeMy WebLinkAboutContract 11952 STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT No. WHEREAS, the Fort Worth Independent School District, a po- litical subdivision in Tarrant County, Texas, requested that the the City of Fort Worth, a home rule municipal corporation, lease to the Fort Worth Independent School District a certain tract of land for construction of the new Dunbar Middle School; and WHEREAS, at a regular meeting of the Fort Worth City Council held on said Council approved said request; and WHEREAS, at a regular meeting of the Board of Education of the Fort Worth Independent School District on December 10, 19801 said Board approved the request; WHEREAS, in accordance with Article 5421 of the Texas Revised Civil Statutes, the City conducted a public hearing on r February 3, 1981; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That this agreement is made by and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Mayor, Woodie Woods, hereinafter called "Lessor," and the Fort Worth Independent School District, a political subdivision located in Tarrant County, Texas, acting by and through its duly authorized President, hereinafter called "Lessee." W I T N E S S E T H That for and in consideration of the payment by Lessee to Lessor of the sum of One and No/100 Dollars ($1.00) per annum as lease rental, Lessor hereby leases and demises unto Lessee the use of a tract of land located in Tarrant County, Texas, such tract being more particularly described in the field notes marked Exhibit "A" and outlined on., the plat marked Exhibit "B■" both OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. •r, Exhibits being attached hereto and incorporated herein for all purposes incident to this lease agreement. 1. The term of this lease shall be for 99 years, commencing on the 1st day of May, A.D. 1981, and terminating on the 30th day of April, A.D. 2080. Payment of the annual rental shall be made at the Fort Worth Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102, on or before the 1st day of May each year of this lease. 2. Lessee covenants that it shall attempt in good faith to pur- chase replacement land to compensate the City for the lost park land and in turn lease this replacement property to the City for development as a neighborhood park. Lessee shall not be obligated to spend an amount in excess of $38,000 to purchase replacement land. 3. Lessee covenants that it will purchase certain properties on the west side of Stallcup Road opposite the new school site for use as faculty parking. 4. Lessee agrees that the new Dunbar Middle School and as many of the athletic facilities as reasonably possible will be con- structed on that portion of Bunche Park that lies west of the existing drainageway through the park. 5. Lessee covenants and agrees that, in the event of a breach of any covenant contained herein by Lessee, then and in that event, Lessor may at its option declare this agreement forfeited and terminated as to the balance of the term. 6. This lease shall be subject to all existing easements for public roads, channels, highways, public utilities, railroads, pipelines and transmission lines. -2- 7. Lessee shall take good care of the premises and suffer no waste, shall comply with all laws, federal, state and local, in- cluding all ordinances and regulations of the City of Fort Worth, and other governmental agencies applicable to the leased prem- ises, and shall not make or allow to be made any unlawful, im- proper, immoral or offensive use thereof. a. Lessee covenants and agrees that it shall not sublet or assign all or any part of its rights, privileges or duties under this lease agreement, and any attempted sublease or assignment of same shall be void and will constitute a termination of this lease agreement. 9. Lessee shall have exclusive right, title and interest in all structures and improvements constructed on the demised premises by Lessee. All such construction and improvement will be per- formed in strict compliance with all of the applicable provisions of the Constitution and laws of the State of Texas and the Charter, ordinances and regulations, policies and directives of the City of Fort Worth, now or hereafter in effect. lo. Lessee covenants and agrees that Lessor shall in no way nor under any circumstances be responsible for any property belonging to Lessee, its officers, agents, servants, employees, con- tractors, subcontractors, invitees or licensees. which may be stolen, destroyed or in any way damaged, and Lessee hereby indem- nifies and holds harmless Lessor and its officers, agents, ser- vants and employees from and against any and all such claims; all to the extent required by law. -3- 11. Lessee, in its occupancy, use or operation of said premises shall not discriminate against any person or persons because of race, religion, color or national origin. 12. Lessee will do all work and make all repairs necessary or advisable to keep the demised premises from deteriorating in value or condition and to restore and maintain the demised prem- ises and improvements thereon, excepting normal wear and tear thereto. 13. It is expressly understood and agreed by the parties hereto that Lessee shall operate as an independent contractor as to all rights and privileges granted herein. and not as an officer, agent, representative, servant or employee of Lessor; that Lessee shall have exclusive control of and the exclusive right to con- trol the details of the construction hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents. representatives, employees, contractors and subcontractors; that the doctrine of respondent superior shall not apply as between Lessor and Lessee, its offi- cers, agents, representatives, employees, contractors or subcon- tractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. 14. Lessee shall, at its sole cost and expense, obtain all li- censes and permits necessary for the construction of improvements on the leased premises. 15. Lessor, acting by and through its authorized representa- tives, shall have at any and all times the full and unrestricted right to enter the leased premises for the purpose of inspecting -4- and maintaining the same and doing any and all things with ref- erence thereto which Lessor is obligated to do as set forth in this agreement. 16,o It is understood and agreed that lessor is not involved as a party to any activities that may be carried on by Lessee pursuant to this agreement. Lessee hereby acknowledges itself solely re- sponsible for such activities and for all persons and property that may be involved or used in connection with Lessee's (but not Lessor's or third-party's) use of the demised premises. Provided, however, that no provision of this lease shall operate or be con- strued as a waiver by either party of any immunity from liability which it has or could assert under the doctrine of governmental immunity or any other immunity which it has under the law. 17. Lessee shall pay promptly when due all bills or charges for construction or maintenance as well as any other amounts due for material, services and labor furnished in connection herewith, and shall indemnify Lessor for non--payment of same. Lessee shall indemnify Lessor against any and all mechanic's and materialmen's liens or any other type of claims or liens imposed upon the prem- ises demised hereunder arising as a result of Lessee's conduct or inactivity. 1s. Lessee agrees to require its contractors to furnish Lessor with certificate of insurance as proof that they have secured and paid for a policy of public liability insurance covering all public risks related to the proposed construction on the leased premises. The amounts of such insurance shall be not less than the maximum liability which can be imposed on City under the laws of the State of Texas. At present such amounts shall be as follows: Property damage, per occurrence $100 8000.00 Personal injury or death, per occurrence $300■000.00 -5- ti with the understanding of and agreement by Lessee that such in- surance amounts may be revised upward at Lessor's option and that Lessee covenants and agrees to require its contractors to so revise such amounts within sixty (60) days following notice to Lessee of such requirements. 19. Lessee shall, at its own cost, cause to be executed all required bonds in accordance with Article 5160 of the Revised Civil Statutes of Texas. 20. Lessee shall have no power to do any act or to make any con- tract that may create or be the foundation for any lien upon the premises or any interest in the demised premises; and such con- tract or lien attempted to be created shall be void; and should any such purported lien be created or filed, Lessee, at its own cost and expense, shall liquidate and discharge the same in full within ten (10) days next after the filing thereof, and should Lessee fail to discharge the same, such failure shall constitute a breach of Lessee's covenant herein. 21. Lessee covenants and agrees that should any action, whether real or asserted, in law or in equity, arise out of or incident to the terms of this agreement, venue for said action shall be in Tarrant County, Texas. �6_ IN WITNESS WHEREOF, the said parties have hereunto set their hands and seal of office to duplicate originals on this 4Qeday of A.D, 1981. CITY OF FORT WORTH ATTEST: By r yor City Secretary APPROVED AS TO FORM AND LEGALITY; 14 le,�. j� City Attorney FORT WORTH INDEPENDENT SCHOOL DISTRICT ATTEST: C By r Preside t Clerk Fort Worth Board of Fort Worth Board of Education Education APPROVED AS TO FORM AND LEGALITY: APPROVED BY CITY COUNCIL 0,-,.59 City Secretary CCC 9 Late -7- STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid. on this day personally appeared Wood ie Woods, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas,, and as the Mayor thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. .ate GIV N UNDER MY HAND AND SEAL OF OFFICE THIS CwV day of A.D. 1981. otar Public in and or the State of Texas sYLVIA► GLOVER, Not=7 Public STATE O F TEXAS § Ddy. Com=ission &xpueG J=Q 2% IM COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared ■ President of the Fort Worth 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, a political subdivision, and that W he executed the same as the act of such subdivision for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ird day of Santamhar _ A.D. 1981. Notary Public In and for the State of Texas _g w �&43 i0 City of Fort Worth., Texas Mayor and Council communication WE �� wuict: ease o a Portion o unc e PAGE Park to FWISD for Dunbar Middle School 1 8111/81 **C-5822 Site i of On December 16, 1980, the Fort Worth Independent School District presented a proposal to the City Council to lease a portion of Bunche Park for the new Dunbar Middle School. The proposal set forth the following conditions: to That the FWISD lease Bunche Park from the City of Fort Worth; 20 That the new Dunbar Middle School and as many of the athletic facilities as possible would be constructed on that portion of Bunche Park that lies west of the existing drainageway through the park; 3e That the FWISD would purchase certain properties on the west side of Stalcup Road opposite the new school site for use as faulty parking; and 4. That the FWISD would purchase replacement land to compensate the City for the lost park land and in turn lease this replacement property to the City of Fort Worth for development as a neighbor- hood park, On December 23, 1980, the City Council authorized the City Manager to publish notice of, and schedule a public hearing. In accordance with Art. 5421 of the Texas Revised Civil Statutes, the City conducted a public hearing on February 3, 1981; no member of the public attended the hearing. The Department of Law khas negotiated terms of the lease with the FWISD. The lease is for a term of 99 years. In addition to the four conditions set forth above, the lease requires the FWISD to indemnify and hold the City harmless from all claims or suits for property damage or personal injury arising from the lease or the use or maintenance of the property: The FWISD must construct the school facilities in compliance with Local ordinances and codes. Recommendation It is recommended that the City Council authorize the Mayor to execute a lease of a portion of Bunche Park to the FWISD for the school site of Dunbar Middle School. VS:ms 0"#M=Ak "4 asro=no�w cc-ou11 C I U nioecmo sr- - [ O "Ma Paul C. Isham D OT"U (DISM81) G*tl i[CIILTA1n► �� ' �ock, ext. 7600 DATE.