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HomeMy WebLinkAboutContract 20180 STATE OF TEXAS � COUNT OF TARRANT` ARRANT S LEASE AGREEMENT 1 This Lease Agreement (the "Lease") is made and entered into :his day by and between the City of Fort Worth ( "Lessor" ) and Texas Wesleyan University ( "Lessa:Q" ) , collectively the "Parties" . In corn iderati.on of the mutual covenants and agreements set forth in this Lease, and other good an! valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the premises described in Exhibit "A" annexeC to this Lease (the "Premises" or the "Leased Premises" ) . Nij ARTICLE I TERM 9a+ iBY�a bi 2': f Section 1.01. Term of Lease. The primary term t o � shall be tGn ( 10) years, commencing on March 1, 1993, and enxng on February 28, 2002 (the "Primary Term" ) , unless terminated earlier as provided in this Lease. Section 1 .02 . 2pt,ion to Extend Term. This Lease may be exrended beyond the expiration date of the Primary Term provided in Section 1.61 on the following terms and conditions= a. Upon written request of Lessee, Lessor may extend the .0rimary Term of this Lease for a period of five (5) years (the "First ]Extension Term" ) , with the First Extension Term to begin on the day following the expira- tion date of the Primary Term. Upon written request of Lessee, Lessor may extend this Lease an additional five (z) years (the "Second Extension Term" ) beyond the First Extension Term with the Second Extension Term to begin on the day following the expiration date of the First Extension Terri. All the terms, covenants and provisions of this Lease shall apply to all extensions . b. Lessee may request extension of this Lease by aiving to Lessor notice of its intention to do so not later than sixty (60) days prior to the expiration of the Primary Term or First Extension Term, as the case may be. Section 1.03. Holdover. If Lessee holds over and continues in possession of the Leased Premises after expiration of the Primary Term or any of the extensions of that term, other than as p3-ovided in Section 1.02, Lessee „rill be deemed to be occupying the Promises on the basis of a month-to-month tenancy, subject to all of the terms and conditions of this Lease. ARTICLE 2. RENT Section 2.01. Went. Lessee agrees to pay to Lessor the sum of $10.00 per year, on or before the first day of each year, as rent for the succeeding yea.x if Lessee exercises its option to renew the Lease, as set: forth in Section 1.02, Lessee agrees to pay to Lessor during any such extension term the stun of $10.00 per year, payable as herein set. forth. Section 2 .02 . Placa of Payment. Lessee* agrees to pay rent as provided in Section 2 . .i1 to Lessor at 1000 T11rockmorton Street, Port Worth, Texas 76102, or :-t such ether location or locations as Lessor shall from time to time designate by written notice to Lessee, as provided in this Leas:. ARTICLE 3 USE OF PREMISES Section. 3.01. Permitted. Use. Les zee shall operate the Leased Premises solely as a baseE4il field during the term of this Lease. Les.sc )r warrants and represents that the Premises are properly and completely zoned by t.hp, City of Fort Worth, 'Texas, or an appropriate subdivision thereof for the use as a basebai3 field. Section 3.02 . Leasehold Improvements . Subject to w.e°J-Ltan a,-proval by the City, Lessee small be permitted to make the following .improvemeaxts to V e Leased Premises: a. Erection of a security fence to enclose t-e stands,_ bull pens, concession areas and practice areas upon approval of Lessor as to the location of such fence. b. Erection and installation of dugouts . C . )Erection and installation of a press box, restroonms, concession stands and ticket booths. d. Erection of batting tunnels . e.. installation of wind screens on the Nuffield fence . f. Erection of a stcrege building. -2- g. installation of a scoreboard. h. Installation Of a telephone. i. Installatior. Of foul poles. J . Extension of uti3--7 service as mequired by the above at sole axpense of Lessee All such improvements removable from the Leased Premises without permanent and unreasonable damage thereto shall be the sole property of Lessee and may be renoved by Lessee at t1le expiration of this Lease or any extension thereof. Lessee 0 dll remove all improvements specified by Lessor for removal within a reasonable time after the expiration or earlier terr".ination of this Lease. Lessee shall be obligated to obtain all necessary building and concession permits required for construction, placing and maintaining any and all of the leasehold improvements listed in this Section 3.02 and other improvements which are thereafter constructed on the Leased Premises. Section 3 .02. Income Production. Lessee shall be permitted to sell tickets and operate concession stands fo r and durina events sponsored by Lessee on the Premises, retaining all revenue generated f�om such sales. Additionally, Lessee shall be per- mitted to sell advertising and erect appropziate signs on interior fences of the baseball field for such advertising, provided, however, that all advertising shall face into the interior of the baseball field,d, sa-,,re and except the advertising placed on the existing scoraboard. it is further provided that advertising for adult products, tobacco or alcohol will not be approved. All revenue generated from advertising sales shall be retained by Lessee. Upon termination of this Lease, all advertising agree- me1its with third parties shall cease and Lessor shall not be obliaated to continue or maintain such advertising. Section 3 .04. Restrictions U on Lessor. i,essur shall not use the Leased Premises for any purposes or in any manner daring the Primary Term of this Lease and any extension.(s) thereof, Pxcept by written. consent- of the Lessee. Such use will be without charge to the Lessor. 1. ARTICLE 4 MAINTENANCE AND SURRENDER Section 4 .01 . Maintenance by Lessee. Lessee shall; at its Own expense and risk, utaintain the Leased Premises in good and satisfactory condition in a prompt and ef-ficient manner. Lessee shall keep the Leased Premises free from waste, otY4er than ordi- --3- ki T. nary wear and tear, or nUisance. Lessee shall maIntain and ukow the baseball field irk a manner it deems adequate- for its Section 4 .02 . Reme!jy for Failvre to Maintairl. in the event to To—p :eplace or Lessee fails t'-, perform its obligation air, maintain as sv -forth in Section 4.01 above, after notice front Lessor of the nt�,ad for such repair or maintenance and the pdasage of twenty days after such notice, Lessor may, at its option, either make or cause to be made such repairs or maintenance and bill Lessee therefor (which bill Lessee agrees to promptly pay) or immediately terminate. this Lease, without waiving any right to pursue its remedies for breach of this Lease. Sectic,n 4.03. Termination, At the termination of this Lease, Lessee shall nurreini'de' and deliver the Leased Premises to Less=or in as good a state of repailr and condition as they were in at the tiiae Lessor delivered possession to Lessee, except for reasona­,J'e wear and tear and damage by fire, 'tornado or other casualty. ARTICLE 5 TAXES, UTILITIES, GARBAGE REMOVAL AND SECURITY Section 5.01, Utilit Char es. Lessee shall pay all utility charges in zonnection with the Leased Premises, including without I...-Mitation electricity and. water, directly to the utility company or municipality furnishing the same before the same shall become delinquent. it is anticipated that a separate water meter will he installed at the expense of the Lessee. Section 5.02 . Garbage Removal. . Lessee shall bag all garbage and rubbish on the Leased Premises in accordance with City stan- dards. Lessor shall remove from the Leased Premises all garbage and rubbish which is bagged in accordance with City standards. Section 5.03. Security. Lessor shall hava no obligation to provide security for the Premises . Lessee shall provide the security force necessary to assure Lessee that the Leased Premises and all improvements, property, patrons and invitees are properly protected against vandalism, theft and other perils that may occur thereto. ARTICLE 6 DEFAULT Section 6.01 . Default by Lessor or Lessee . If either n : defaults in the performance of any term, covenant or condi tion -4- required to be performed 1 it under this L eas,::�` non- defaulting party may elect to either one of t1ke following: a. After not less than twenty 20) days ' nOt:io.- to the defaulting party, the non-default.iag party naay remedy � such default by any r.ecessFk�y action dnd, in connnection � witi,, such remedy, mray pay expenses and enploy counsel; all sums expended or obl.igationri incaried by the non-- defaulting party in connection with remedying the default shall be paid by the defaulting party on demand. b. Terminate this Lease on giving at least thirty y30) days' notice to the defaulting party of such intention The Lease will then be terminated on the date designated in the notice, unless the defaLlt has been cured prior to expiration the th-Irty (30) day period. Sec-cion 6.02. Cumulative Remedies. All rights and remedies of Lessor and Lessees underthis article shall be cumulative and shall not exclude any other right or remedy provided by law or by any other provision of this Lease. All such rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion for their exercise arises. Section 6.03 Waiver of Breach. A waiver by either Lessor or Lessee of a breach of €his Lease by the other party does not constitute a continuing waiver or a wali'ver of any subsequent breach of the Lease. ARTICLE; J ASSIGNMENT Section 7 .01. Assignment by Lessee_ . Lessee may assign or transfer any of its interests under the terms of this Lease only with the written consent of Lessor. ARTICLE 8 MISCELLANEOUS Section 8.01. Notices and Addresses . All notices required under this Lease mast be given by certified mail or registered mail, addressed to the proper party, at the following addresses: LESSOR: CITY OF FORT WORTH Address: 1000 Throckmorton Street Fort Worth; Texas 7610' Attention!: Park and Recreation Director -5- LESSEE: TE4KA"S WEOSLEYAN UNIVERSIT7 Addre-ssY 1201 WIsleYal-& Fort Wocthj Texas 7616-';-1536 Attention- Nom. John Ratliff, Vice presidept for Finance Ri'.thor tarty may change the address to which notices are to be sent to it .11y giving the other party notice of the new address in the manne:c provided in this section. Section 8.02. Parties Bound. This Lease shall be binding -. upon and inure to the bonefft of the part yes t o this Lease and their respective heirs, eXeCUtOrB, administ-ators, leqal represen- tatives, successors and assigns when permitted ty this Lease. Section 8.03 , Texas Law to _AM.1y. This Lease shall be construed under and inn-accordance with the internal laws and -not the laws of confli�:t of the State of Texas, and all obligations of the patties created by this Lease are performable in Tarrant County, Texas . Section 8.04. L! g Construct-ion Ir any one or more of the proirisions contained in this Lease sjl:,Il for any reason be held by a court of competent jurisdiction to ba invalid, illegal or unenforceable in any respect, Ouch invalidity, illegality or unenforceability shall- not affect, any other provision of the Lease, and this Lease sha'&l be construed as if the invalid, illegal or unenforceable provision had never been included in the Lease. Section 8.05. Prior Ac[reements Superseded, This Lease constitutes the sole and only agreement of the parties to the Lease with re-. pest to ;he lease of the Leased Premises and super- sedes any prior understandings or written or oral arrangements between the parties respecting the subject matter of this Lease. Section '0. 06 . Amendment. No amendment, modification or a] r-ei:ation of the terms of this Lease shall be binding unle:-,F it is in writing, dated subsequent to the date of th--s Lease aiiei dun-'-r executed by the parties to this Lease. Section 8.07 . ht� Remedies Cumulative. The .L'qhts qnd �- and remedies providelt by this Lease are cumulative, and the use of ,,-:-,y one right or re.-tiedy by either party shall not preclude or waive its rights to use any or all other remedies . These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Section 8 .08 . Attorney's lees and Coots . If , as a result of a breach of this Lease by either party, tAe other party employs an attorney or attorneys tc enforce its rights under this Lease, then -6- the breaching party agree-s . 1 pay the other p^rt_y the reasonable attorneys fetes and costs to s-nforce this Lease. Section 8.09 . Force KajeLre. Neither lessor nor Lessee s shall be required to parform any term, condition or covenant -r A this Lease so long as performance is delayed or prevented by force maieure, which shall mean acts of Gcd, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods and any other cause riot reasonably within they control of lessor or Lessee and which, by the exercise of due diligence, ' Lessor or Lessee is unable, wholly or in party to prevent or overcome. Section 8. 10. Time of Essence. Time is of the essence in 5 this Lease. Section 8. 11. Yon-appropriation. In the event that funds sufficient to pay any obligation of the Lessor hereunder are not appropriated by the governing tody of Letsor, Lessor shall notify Lessee in writing and this Lease shall t.ermi.na,�:e on the last day of the fiscal period for which funds have been appropriated. The under s1n� ed L sor and Lessee execute tha_s Leasr on the day of� M w�, l at. Fort. Worth, Tarrant County, ` LE :SOR; ATTEST: CITY OF ORT WORTH City Secretary .° _ sbby Watson -- Aesistant City Manager APPR VED AS Tip FORM AND LEGALITY t Assistant City orray c%tf LESSEF% TEXAS WESLEYAN UNIVERSITY 1 _ c By. ir�� ! n Ratl i f f Nice President for Finance 1 w r^ 1 - i 4 THE STATF O-L TEXAS COUNTY OF TARP"kNT `ah� ins rumens was acknowledged before Ane� on this 7 _ day Ile" of Mu _. 1993, by Libby Wat�3on as ��Jsa \ s*>9� (°-ty � man►a er of the City ty of Fort Worth, Texaz . pCS m.p+sy./gJ4I4As.?hl'•.#M.F4�RtnE.:�M1M'a1M&f.� QQy t R.' VA. Fh C, I •{ � �rf rF. � .: , a � Notary Public in and for �N,t�L ,•k, tA. '�ex�s Exp. the State of Texas M ^0.fs,.. ...... '{Ytallf°A^.w'Tf •°RA+•Wl•M THE STATE OF TEXAS � COUNTY OF TARRANT S L' This instrumns, was ar--knowled; -:,d before zne on this � day oaf &�'�2y _ . , 199 $ spy John Ratliff as Vice President far- Pinanr,;.°e� �Texas Wesleyan University. Notary Public ih and for the State of Texas _ s � % F I Name Printed _ f rwr•. My Commission Expires: f � 6 Akta,yor atul, Council —T AMU- � C-1317 _ dO�Ai.I�--__-.�. �•� E E LEASE AGREEMENT 'a�TTi; TEXAS WF:SLEYI,N UNIVERSITY FOR SYCAMOPE �'A K RALLFIELD _T UMBER 1 � a i RECOMMENDATION; It is recommended that the City Cc.)urlci; --uthorize I-Vie City Manager to execute a lease agreeme€,t wi'h -fex.a G^ "?-'yan University for Sycamore Park Ballfield Number 1. p y 7 ((yy�3� �$$$ 1185 . °i•L!__a r The 6-985 Park Bond Program provided furdirg for tare expans-on of the Sycamore Creek Golf Coarse. In 1990, t!:e planning and design of this project was initiated. [}urirog the plann'My process, it was determined fhF: he Tarrant County Water Control �errd Improvement District N,,,,aber 1 (TCWCID) was willing to donate to the City 37 acres adjacent to the existinrt, -nark for the golf course expansion. For a number of years, r Texas Wesleyan UniveY,si y° (TWU) had developed and maintained a baseball field on the r 37 acres owned by '.4 tiC1F+. A condition of the donation was that the City would assist TWU in relocating their Qs. : ll field. In the spring of 1991, the TWO baseball team was alloyed to make improvements to Sycamore Park Sallfield Number 1 and use the ; facility for practice avC. games. Sycamores Park has since been the home field for TWU baseball tear. TWU desires to arse the field for at least 10 years. y `�ubsequent to the decision to permit the use of the field by TWU, staff determined that ii a lease agreement would be required. The proposed agreement would be for an initial term of 10 years,, with two 5-year options to be exercised by mutual consent of the parties. TWU wou,J be required to pay- all utilities and maintenance costs daring the lease period. Subject t3 written apprc�al from the City, TWO w0u d be allowed to make 4 certain imrprovernents to the field, including restrooms, concession stands, fencing and R storage facilities. The went wvopild be $1.0.00 per year. TWU will be per mittec' to sell tickets, concessions and, advertising. All revenue shall be retained by TWU. LIC , 9 By consent of TWU, th*1 leased field may be made available for City sponsored evonts and tournaments withovt charge, schedule pers ;Ftir;g. t its meeting on February 16, 1993, •.-he park and Recreation Adv sr�ry board approved 9 y staff's ­econrrner6caation to "lease Sycamore Park Dal1field dumber 1 to Texas Wesleyan _. Univ:;rsity for a 10-year initial te,-rri with two 5-year options at $10.00 per year." 1 4LLr 1 C v 0 ity ofiz w opf Wlk 7exas wication Mqyar and, Cou.mil C"Funu -TAIFF-- 031021 3 -I�727 2 of 2 SUBJECT LEAS: AGREEMENT WITH TEXAS WESLEYAN UNIVERSITY FOR SYCAMORE PARK BALLFIELD FISCAL iNFOR,'iAY'J.ON/"CER.TIFIC�:TION: The Park ar Rec reat i on Department wi I I be responsible for the collection of funds due Elie City tinder this lease agreement. LW:b --A—Cr- HT j CENT F—T—WA-0UNT CITY SECRETARY Office by: (to) 11)GG01 468785 —08-0000 Libby Watson 6140 Li t\i r.. Originating Depar—tie—nt Richard Zavala, Jr. 7275 ToTa cont;'Ct: 7'Wed C,fecy':ed