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HomeMy WebLinkAboutContract 31471 03-07-0!5A1 I 10 RCVD v r (C)l N A- LEASE N,10 J J-, 1800 University Drive Botanical Research Institute of Texas, Inc. THIS LEASE ("Lease") is made and entered into to be effective as of the 10 day of rl-YiC� , 200A"Effective Date") by and between the City of Fort Worth, Texas, a home rule municipal corporation (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and the Botanical Research Institute of Texas, Inc., a Texas non-profit corporation, (hereinafter referred to as "BRIT"), acting by and through its duly authorized Chief Executive Officer. WHEREAS, on March 18, 2003, the City Council of the City of Fort Worth, Texas, adopted Resolution No. 2926 proclaiming its intent to lease the property at 1800 University Drive to BRIT for one dollar p eic year for ninety-nine (99) years and to relocate the Fort Worth Public Health Department to a central city redevelopment area; and WHEREAS, the major botanic gardens of the world are institutions that include both living plant and specimen plants and conduct horticultural and environmental education and research; and WHEREAS, the Fort Worth Botanic Garden has living plant collections and conducts horticultural education and plant cultivation, while BRIT maintains an extensive collection of specimen plants and conducts environmental and plant research and education; and WHEREAS, relocation of BRIT to 1800 University Drive would serve the Fort Worth Botanic Garden and the City by providing BRIT's resources and services in close proximity to the Botanic Garden. NOW THEREFORE, for and in consideration of the mutual covenants, promises and agreements contained herein, City and BRIT do hereby covenant and agree as follows: ARTICLE 1. LEASE OF PREMISES § 1.01. Leased Premises. City demises and leases to BRIT, and BRIT leases from City, the premises situated in Fort Worth, Tarrant County, Texas, legally described on Exhibit A attached to this Lease and made a part of this Lease for all purposes (collectively referred to as the "Leased Premises" in this Lease) for the Tenn specified below. ARTICLE 2. LEASE TERM § 2.01. Term The to of the Lease ("femf") shall commence thirty (30) days after City notifies BRIT in writing that City has vacated the Leased Preen u-ses ('Vommencement Date") and shall continue for nLnety-riine (99) years ftom the Commencement Dew, unIESSFT, v z, sooner as provided in the Lease. If City has not notified BRIT that it has vacated the Leased Premises by January 1, 2007, then BRIT may terminate this Lease by written notice to City at any time thereafter but prior to City's notification of its vacancy. Upon determination of the Commencement Date, City and BRIT shall execute a memorandum specifying the Commencement Date and the expiration date of the Term. § 2.02. Termination. This Lease will terminate without further notice when the Term specified in §2.01 expires, and any holding over by BRIT after that Term expires will not constitute a renewal of the Lease or give BRIT any rights under the Lease in or to the Leased Premises except as a tenant at will. City may, however, terminate this Lease by written notice to BRIT if any of the following occurs: a. If BRIT does not submit a site plan showing the location of the proposed Botanical Research Institute building ("BRIT Building") and other proposed improvements and Construction Plans (defined in Section 5.01 below) for the Basic Site Improvements (defined in Section 5.01 below) on or before-six (6) months after the Commencement Date. b. If BRIT does not complete the demolition of all existing structures on the Leased Premises on or before twelve (12) months after City's approval of the Construction Plans for the Basic Site Improvements and complete the Basic Site Improvements on or before eighteen (18) months after City's approval of the Construction Plans for the Basic Site Improvements. C. If BRIT does not submit to the City Construction Plans for the BRIT Building on or before twenty-four(24) months after the Commencement.Date. d. If BRIT does not commence on-site construction of the BRIT Building on or before six (6) months after City's approval of the Construction Plans for the BRIT Building, Force Majeure excepted. e. If BRIT does not complete the construction of the BRIT Building on or before thirty (30) months after City's approval of the Construction Plans for the BRIT Building, Force Majeure excepted. The last day o'of each time period specified in subsections a. - e. above is a "Key Date." For City to exercise its right to terminate this Lease due to BRIT's failure to meet any of the specified obligations prior to the Key Date for that obligation, City must give BRIT written notice of termination on or before ninety(90) days following the Key Date missed by BRIT. If City does not exercise its right to terminate this Lease on or before ninety (90) days following the Key Date missed by BRIT, then City has no further right to terminat'e the Lease due to that missed Key Date, but City retains its right to terminate within ninety(90) days following any subsequent Key Date that is missed by BRIT. § 2.03. Holdover Tenancy, If BRIT holds over and continues in possession of the Leased Premises after the Term expires, BRIT will be considered to be occupying the Leased Premises at will subject to all the to of this Lease. BRff Lease--10-05-04 revisions 2 ARTICLE 3. USE OF LEASED PREMISES § 3.01. Permitted Use of Leased Premises. BRIT may use the Leased Premises only for the purpose of developing, constructing, and operating a public botanical research institute and for purposes ancillary to the operation of the research institute, and in accordance with the attached Resolution (attached as Exhibit B) and for no other purpose without the written consent of City. § 3.02. No Hazardous or Toxic Substances. Under no circumstances during the Tenn and extensions of this Lease will BRIT use or cause to be used in the business operated on the Leased Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Leased Premises. § 3.03. Illegal Use Not Permitted. BRIT may not use all or any part of the Leased Premises or any building situated on them for any use or purpose that violates any valid and applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction over the Leased Premises. § 3.04. Condition of Leased Premises. BRIT agrees to accept the Leased Premises in their present condition, finds them suitable for the purposes intended, and further agrees that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representations by City as to the condition of the Leased Premises or their suitability for the purposes intended. § 3.05. City's Use Prior to Commencement Date. City retains the right to occupy the Leased Premises for any use and occupation as determined solely by City until the Commencement Date. ARTICLE 4. RENT § 4.01. Rent. BRIT will pay City$ 1.00 annually as rent during the Term. ARTICLE 5. DEMOLITION AND CONSTRUCTION BY BRIT § 5.01. General Conditions. Before City notifies BRIT of the Commencement Date, City shall give BRIT at least one hundred eighty days (180) days prior written notice of the date by which BRIT must either (a) deliver to City an irrevocable standby letter of credit ("LOC") in the amount of $500,000.00 issued by a financial institution reasonably acceptable to City and naming City as the beneficiary, or (b) place $500,000.00 in an interest bearing escrow account with a financial institution reasonably acceptable to City ("Escrow"). The LOC or the Escrow, as applicable, must be maintained until completion of the demolition of all existing structures on the Leased Premises and completion of the landscaping of the University Drive frontage of the Leased Premises ("Basic Site Improvements"), in conformity with Construction Plans approved by City and in full compliance with state, federal, and local laws and regulations. The LOC or the ap 9 11 reement with the Escrow agent, whichever is applicable, shall provide that City may draw down the LOC or the Escrow if BRIT has not completed the Basic Site Improvements, at BRIT's BRrr Lease--10-05-fJ4 revisions 3 sole cost, risk, and expense, within eighteen (18) months after City's approval of the Construction Plans for the Basic Site Improvements. City shall return the LOC or release the Escrow, as applicable, to BRIT upon completion of the Basic Site Improvements. BRIT may, at any time and from time to time during the Term, erect, maintain, alter, remodel, reconstruct, rebuild, replace and remove buildings and other improvements on the Leased Premises, and correct and change the contour of the Leased Premises, subject to the following: a. BRIT bears the full and complete cost of any such work. b. The Leased Premises must at all times be kept free of mechanics' and materialman's liens. c. BRIT must provide performance payment, and maintenance bonds covering any such work, in form acceptable to the City Attorney. d. City must be notified in writing of the time for beginning and the nature of any such work, other than routine maintenance of existing buildings or improvements, prior to the work being performed. e. The conditions of§ 5.04 concerning City's approving plans must be followed. § 5.02. Easements, Dedications, Zoning, and Restrictions. So long as BRIT is in compliance with the terms of this Lease, City will cooperate with BRIT concerning easements, dedications, zoning, and restrictions of the Premises as follows: a. Easements and Dedications. To provide for the more orderly development of the Leased Premises, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Premises. City will, on BRIT's request,join with BRIT in executing and delivering the documents, from time to time, and throughout the Term, as may be appropriate, necessary, or required by any governmental agency, public utilities, and companies for the purpose of granting the easements and dedications. Provided, however, any such dedication shall be subject to City Council approval. b. Zoning. If BRIT considers it necessary or appropriate to obtain use, zoning, or subdivision and plan approval and permits for the Leased Premises or any part of them, City, subject to any required approval by the City Council or other appropriate City board or commission, will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the Premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, and plan approval. City will execute these documents from time to time as requested by BRIT. c. Expenses. BRIT exclusively bears the cost and expense of any action required of City under subparagraphs a and b, above. BRIT Lease--10-05-04 revisions 4 § 5.03. Pre-Construction Activities. BRIT may begin demolition and construction of the improvements on the Leased Premises only after the Commencement Date. However, at any time after the Effective Date of this Lease, BRIT may place a sign on the Leased Premises identifying it as the future location of BRIT upon written approval from the City regarding sign location, size and wording. Furthermore, at any reasonable time after the Effective Date, BRIT, its consultants and contractors, shall have reasonable access to the Leased Premises for purposes of conducting, at its sole risk and expense, surveying, testing, and other necessary pre- construction activities that do not materially interfere with City's use and operation of the Leased Premises. § 5.04. City's Approval of Plans. The following rules govern City's approving construction of the Basic Site Improvements, the BRIT Building, and any additions and alterations of buildings or other improvements on the Leased Premises: a. Written Approval Required. No building or other improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location of the building or other improvement has received City's written approval and the building or other improvement complies with the approved plans, specification, and proposed location. No material addition to or alteration of any building or structure erected on the Leased Premises may begin until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by City. b. Submission of Plans. BRIT must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing the Basic Site Improvements and the BRIT Building on the Leased Premises and for constructing any other buildings or improvements or additions or alterations to any buildings or improvements that require City's approval under subparagraph a above. BRIT must submit to the City for approval two complete sets of detailed working drawings, plans, and specifications ('Construction Plans") for all such buildings and improvements, and in each case Construction Plans must be approved by the City in writing prior to commencement of construction. c. City's Approval. City will promptly review and approve all Construction Plans submitted under subparagraph b above or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted promptly to City. Minor changes in work or materials not affecting the general character of the building project may be made at any time without City's approval, but a copy of the altered plans and specifications must be furnished to City. d. Exception to City's Approval. The following items do not require submission to, and approval by, City- i. Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation. BRrF Lease--10-05-04 revisions 5 ii. Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements. e. Effect of Approval. City's approval does not constitute approval of the architectural or engineering design, and City, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications. § 5.05. Ownership of Buildings, Improvements, and Fixtures. Any buildings, improvements, additions, alterations, and fixtures (except furniture and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during the Term are considered part of the real property of the Leased Premises and must remain on the Leased Premises and shall become the City's property when the Lease terminates. § 5.06. Right to Remove Personal Property; Fixtures. BRIT may, at any time while it occupies the Leased Premises, or within a reasonable time thereafter, not to exceed ninety (90) days, remove personal property, furniture, machinery, equipment, or other trade fixtures owned or placed by BRIT, its sublessees or licensees, in, under, or on the Leased Premises, or acquired by BRIT, whether before or during the Term and any extension. Before the Lease terminates, BRIT must repair any damage to any buildings or improvements on the Leased Premises resulting from the removal. Any such items not removed within a reasonable time after the Lease termination date,not to exceed ninety(90) days, will become City's property on that date. ARTICLE 6. TAXES § 6.01. Payment by BRIT. In addition to the rent specified in Article 4, BRIT will pay and discharge all taxes, general and special assessments, and other charges of any kind levied on or assessed against the Leased Premises and all interests in the Leased Premises and all improvements and other property on them during the Term and any extension, whether belonging to City or to BRIT. BRIT will pay all the taxes, charges, and assessments directly to the public officer charged with their collection before they become delinquent, and BRIT will indemnify City and hold it harmless from all such taxes, charges, and assessments. BRIT may, in good faith at its own expense (and in its own name) contest any such taxes, charges, and assessments and must pay the contested amount, plus any penalties and interest imposed, if and when finally determined to be due. ARTICLE 7. UTILITIES § 7.01. Payment by BRAT. BRIT will pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and all other utilities used on the Leased Premises throughout the Term and any extension, including any connection fees. BRIT Uase—10-05-04 revisions 6 ARTICLE 8. REPAIRS, MAINTENANCE, AND RESTORATION § 8.01. BRIT's Duty to Maintain and Repair. After the Commencement Date, BRIT will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on the Leased Premises in a good state of appearance and repair(except for reasonable wear and tear) at BRIT's own expense. § 8.02. Damage or Destruction. If any building or improvement constructed on the Leased Premises is substantially damaged or destroyed by fire or any other casualty, BRIT must, within ninety (90) days from the date of the damage or destruction, begin to repair, reconstruct, or replace the damaged or destroyed building or improvement and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the building to substantially the condition it was in before the casualty. But if beginning or completing this restoration is prevented or delayed by war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond BRIT's control, whether similar to any of those-enumerated or not, the time for beginning or completing the restoration (or both) will automatically be extended for the period of each such delay. ARTICLE 9. MECHANICS' LIENS § 9.01. Mechanics' Liens. BRIT will not cause or permit any mechanics' liens or other liens to be filed against the fee of the Leased Premises or against BRIT's leasehold interest (excluding any leasehold mortgage) in the land or any buildings or improvements on the Leased Premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to BRIT or anyone holding the Leased Premises or any part of them through or under BRIT. If such a mechanic's lien or materialman's lien is recorded against the Leased Premises or any buildings or improvements on them, BRIT must either cause it to be removed or, if BRIT in good faith wishes to contest the lien, take timely action to do so, at BRIT's sole expense. If BRIT contests the lien, BRIT will indemnify City and hold it harmless from all liability for damages occasioned by the lien or the lien contest and will, in the event of a judgment of foreclosure on the lien, cause the lien to be discharged and removed before the judgment is executed. ARTICLE 10. INDEMNIFICATION AND INSURANCE § 10,01. IN D1 OF CITY. . CITY IS NOT LIABLE FOR A LOSS, DAMAGE, OR INJURY OF ANY KIND TO ANY PERSON, OR PROPERTY ARISING FROM ANY USE OF THE LEASED PREMISES (OR ANY PART OF THEM), OR CAUSED BY ANY DEFECT IN ANY BUILDING, STRUCTURE, IMPROVEMENT, EQUIPMENT, OR FACILITY ON THE LEASED PREMISES OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF BRIT, OR ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAIND, OR BROUGHT ABOUT BY BRIT'S FAILURE TO M- A.fNTAIN THE LEASED PREMISES IN SAFE CONDITION, B1RJT SHALL RELEASE, f-NDENIVNIFY, HOLD HARMLESS AND DEFEND THE CITY, AND CITY'S OFFICERS, AGENTS AND BRfr Lease--10-05-04 revisions 7 EMPLOYEES FROM AND AGAINST SUCH LOSS, DAMAGE, INJURY, CLAIMS AND ATTORNEYS FEES INCURRED IN THE DEFENSE THEREOF, EVEN IN THE EVENT SUCH LOSS, DAMAGE, INJURY OR CLAIM RESULTING FROM THE ALLEGED NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES OR OTHERWISE. § 10.02. Insurance Required Related to Construction. BRIT shall require the following lines of insurance and limits of coverage of contractor(s) and professionals during the development, design, and construction of improvements permitted by this Lease. In addition, BRIT shall require its contractor(s) and/or professionals to name the City of Fort Worth, its officers, agents, and employees as additional insureds on relevant policies and obtain such coverage through insurance companies admitted or approved to issue the coverage in the State of Texas and have an AM Best rating of A:Vll. City shall have no responsibility for any costs associated with the required insurance. 10.02.1. Worker's Compensation. BRIT shall require its contractor(s) to obtain and maintain statutory worker's compensation insurance and business automobile liability insurance ($1,000,000 limit) during any construction work. BRIT shall require its contractor(s) to cover its subcontractor on its (their) policies or shall require the subcontractor(s) to obtain and maintain statutory worker's compensation coverage and business automobile liability insurance ($1,000,000 limit). 10.02.2. Professional Liability Insurance. BRIT shall require any architects and/or engineers providing professional services in the development, design, and/or construction management of the project to obtain and/or maintain professional liability insurance at a limit of not less than $1,000,000. If this coverage is obtained on a "claims made" basis, the professional(s) will maintain coverage continuously in force for a period not less than five years after project acceptance. , 10.02.3. Commercial General Liability. BRIT shall require its contractor(s) to obtain commercial general liability insurance at a limit of not less than $1,000,000 per occurrence. § 10.03. Insurance Required Related to On-Going Occupancy and Use of the Leased Premises. BRIT is required to obtain and maintain the following lines of insurance and limits of coverage during the entire Term of this Lease and any extension. BRIT will name the City of Fort Worth, its officers, agents, and employees as additional insured on relevant policies and obtain such coverage through insurance companies admitted or approved to issue the coverage in the State of Texas a n d have an AM Best rating of A:Vll. City shall have n o r esponsibility for any costs associated with the required insurance. 10.03.1. Building and Improvements. At all times during the Term and any extension, BRIT shall maintain commercial all-risk property insurance on all buildings and other improvements located or being constructed on the Premises at not less than eighty percent (80%) of the replacement cost of such improvements. BRIT shall pay all costs for such insurance and shall be responsible for any deductible requir4&--TUe-iwA*ane-v---- policy or policies must name both the City and BRIT as named insure-.and 4'y' 1 i_ _ P,W_Y 4, BRIT Lease 10-05-04 revisions 8 that any loss of$100,000 or less will be payable solely to BRIT for restoration of the improvement. Any loss over $100,000 will be made payable jointly to the City and BRIT, but City shall promptly allow the release of insurance proceeds to enable BRIT to meet its repair obligations in Section 8.02 above. 10.03.2. Commercial General Liability Insurance. At all times during the Term and any extension, BRIT shall maintain commercial general liability insurance covering City and BRIT for liability for property damage and personal injury at a limit of not less than $1,000,000 per occurrence. § 10.04. Certificates of Insurance. BRIT must furnish City with certificates of all insurance required by this Section. If requested by the City, BRIT must also supply copies of the individual policies of insurance. If BRIT does not keep required insurance in full force and effect, City may notify BRIT of this failure, and if BRIT does not deliver certificates showing all such insurance to be in full force within ten (10) days after this notice, City may, at its option, acquire or pay premiums on the insurance needed to fulfill BRIT's obligations, under this section. On City's demand, BRIT must reimburse City the full amount of any insurance premiums paid by City under this section, with interest at the rate of ten percent (10%) annually from the date of City's demand until reimbursement by BRIT. § 10.05. Waiver of Insurance. City shall not be responsible for the theft, loss, damage, or destruction of property of BRIT, its employees, agents, licensees, invitees, contractors, and subcontractors, even if the damage is alleged to arise out of some condition on the Leased Premises. ARTICLE 11. ASSIGNMENT AND SUBLEASE § 11.01. Assignment and Sublease. BRIT may not sell, sublease or assign its leasehold estate,or any portion of it, without the prior written approval of the City. ARTICLE 12. DEFAULT AND REMEDIES § 12.01. Termination on Default. If BRIT defaults in performing any covenant or term of this Lease and does not correct the default within thirty (30) days after receipt of written notice from City to BRIT or an additional reasonable period of BRIT is proceeding with diligence to cure the default, City may declare this Lease, and all rights and interest created by it, terminated. If City elects to terminate, this Lease will cease as if the day of City's election were the day originally fixed in the Lease for its expiration. § 12.02. Other Remedies. Any termination of this Lease as provided in this article will not relieve BRIT from paying any sum or sums due and payable to City under the Lease at the time of termination, or any claim for damages then or previously accruing against BRIT and this Lease. Any such termination will not prevent City from enforcing the payment of any such sum or sum or claim for damages by any remedy provided for by law, or from recovp'- from BRIT for any default under the Lease. All City's rig'thts, options, and mlrnedies,und— flu"k- BRIT Lease 10-05-04 revisions 9 Lease will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Lease. ARTICLE 13. NOTICES § 13.01. Notices. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they may hereafter specify by written notice so given. (a) If to City: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 (b) If to BRIT Botanical Research Institute of Texas, Inc. 509 Pecan Street Fort Worth, TX 76102 Attention: Executive Director ARTICLE 14. GENERAL PROVISIONS § 14.01. Right of Entry and Inspection. BRIT shall permit City or its agents, representatives, or employees to enter the Leased Premises for the purposes of inspection; determining whether BRIT is complying with this Lease; maintaining, repairing, or altering the Leased Premises; or any other reasonable purpose. § 14.02. No Partnership or Joint Venture. The relationship between City and BRIT is at all times solely that of lessor and lessee and may not be deemed a partnership or a joint venture. § 14.03. Force Maieure. If constructing the BRIT Building or curing any default (other than failure to pay rent, insurance premiums, or ad valorem taxes) or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond BRIT's control or that of the party obligated or permitted under this Lease to do or perform the term or covenant, regardless of m;hcther the circumstance is s' it to any of those enumerated or not ("Force Majeure"), each party so delayed is excused from performance during the delay period caused by the Force Majeure. § 14.04. No Termination on Bank-runtgy. Bankruptcy, insolvency, assi�mmcnt for the benefit of creditors, or the appointment of a receiver will not affect this Lease as long as BRIT and City or BRff Lease—10-05-04 revisions 10 their respective successors or legal representatives continue to perform all covenants of this Lease. § 14.05. No Waiver. No waiver by either party of any default or breach of any covenant or term of this Lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Lease. CITY OF FORT WORTH BOTANICAL RESEARCH INSTITUTE OF TEXAS, INC., a Texas non-profit corporation 41 By: Assistant City Manager Title: APPROY AS TO FORM AND LEGALITY: ,A!gsistadtity Attorney ATTEST: City Secretary u ox BRIT Lease 10-05-04 revisions Exhibit A Lot 3 Block 1, Botanic Garden Addition, and addition to the City of Fort Worth, Tarrant County, Texas and as recorded in Volume 388-214, Page 97 in the Plat Records, Tarrant County Texas. BRIT Lease-- 10-05-04 revisions 12 A Resolution NO. 29 2('0 RELOCATION OF THE BOTANICAL RESEARCH INSTITUTE OF TEXAS WHEREAS, the Public Health Department is currently located on a tract of land adjacent to the Fort Worth Botanical Garden, in an area of the City designated as the Cultural District; and WHEREAS, the relocation of the Public Health Department would leave the site at 1800 University Drive open to a use in keeping with the Cultural District designation; and, WHEREAS, the major botanic gardens of the world are institutions that include both living plants and specimen plants,both horticultural education and environmental education,both plant cultivation and plant research; and, - WHEREAS,the Fort Worth Botanic Garden includes living plants,horticultural education, and plant cultivation while the Botanical Research Institute of Texas(BRIT)includes the companion components: specimen plants, environmental education, and plant research; and, WHEREAS,relocation of BRIT to 1800 University Drive would serve the Fort Worth Botanic Garden and the City of Fort Worth by providing: • a world-class collection of specimen plants to complement the living collections of the Fort Worth Botanic Garden("Botanic Garden"); • enhance education and outreach programs to complement the existing programs at the Botanic Garden; • unique lectures and exhibits to illustrat6 the symbiosis of plants and people, to highlight botanical art and history, and to display rare and significant collections from around the world, bringing a new audience to the Botanic Garden; • increased visibility as a center for science and environmental research; • more state,national,and international organizations meeting in Fort Worth; • more jobs in research, education,public outreach, and support services; • a centralized teacher training and resource facility for the Fort Worth ISD; • a state of the art, environmentally sound,architecturally significant building and grounds; • an exponential increase in visitors to the Botanic Garden,to BRIT, and to Fort Worth; • the ability tom ket the Botanic Gardens/BRIT package to national and international audiences, resulting in significant net gains in visitation,stature, funding opportunities, and the ability to attract the highest quality personnel; • another quality institution in Fort Worth's cultural district; and e y or rastv wo&Tm Exhibit "B" WHEREAS,relocation of the Public Health Department would serve to increase accessibility of public health services to the community; and, WHEREAS,relocating public facilities in targeted redevelopment areas serves to fulfill the City Council Strategic Goal of revitalizing central city neighborhoods and commercial districts; and, WHEREAS,the process of relocating the Public Health Department would bring together both public and private interests in a partnership designed to further central city redevelopment. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: Proclaims its intent to 1. lease the property at 1800 University Drive to the Botanical Research Institute of Texas for one dollar($1.00)per year for ninety-nine (99) years; and, 2. relocate the Public Health Dipartment in a central city redevelopment area. ADOPTED this NWdayof. 2003. L.L- Mayor APPROVED AS TO FORM AND LEGALITY: ATTEST: City Attorney City Secr ary APPROVED CITY COUNCL i�R 18 Lj-L,AJ L etTv or raver wastru City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 111812005 DATE: Tuesday, January 18, 2005 LOG NAME: 02BRITLEASE REFERENCE NO.: **L-14012 SUBJECT: Authorization to Enter into a Lease with the Botanical Research Institute of Texas, Inc . (BRIT) for the Property Located at 1800 University RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a 99 year lease with the Botanical Research Institute of Texas, Inc. for the property located at 1800 University for one dollar per year. DISCUSSION: On March 18, 2003, the Fort Worth City Council adopted Resolution Number 2926 which states the City's intent to lease the property located at 1800 University Drive to the Botanical Research Institute of Texas, Inc. (BRIT) for one dollar per year for 99 years and to relocate the Fort Worth Public Health Department to a central city redevelopment area. (Resolution is attached.) The relocation of BRIT to 1800 University Drive would serve the Fort Worth Botanic Garden and the City of Fort Worth by providing BRIT's resources and services in close proximity to the Botanic Gardens. Since passing the Resolution, City staff has been working on relocating the Health Department to the Evans and Rosedale area. The terms of the proposed lease between BRIT and the city are as follows: - The lease would begin 30 days after the City notifies BRIT that it has vacated 1800 University ("Commencement Date") and continues for 99 years; - BRIT would use the Leased Premises as a public botanical research institute and in accordance with the Resolution; - BRIT would pay the City $1.00 per year-, - BRIT will be responsible for all utility and maintenance costs associated with the Leased Premises after the Commencement Date, - BRIT would be required to submit a site plan and receive City approval of all construction plans before beginning any construction; and - BRIT would construct all improvements on the Leased Premises at its sole cost and expense. AnWpatg to - BRIT must submit a site plan showing the location of the BRIT Building and the the proposed improvements for the Basic Site Improvements on or before 6 months after the Commencement I-- -, fN'%""I IVT t- A il T° T4-­- 1 P"1 Date. "Basic Site improvements" are defined as the landscaping of the Leased Premises on University Drive frontage. - BRIT must complete demolition of all existing structures on the Leased Premises within 12 months of receiving city approval of the construction plans. - BRIT must complete the Basic Site Improvements on or before 18 months of receiving City approval of the Construction Plans for the Basic Site improvements. - BRIT must submit the Construction Plans to the City for the BRIT Building on or before 24 months after the Commencement Date. - BRIT must complete the construction of the BRIT Building on or before 30 months of receiving City's approval of the construction Plans. An additional term of the Lease provides that BRIT will either deliver an irrevocable standby letter of credit in the the amount of $500,000 naming the City as the beneficiary, or place $500,000 in an interest bearing escrow account to be paid to the City. These must be maintained until completion of the demolition of all exisiting structures on the Leased Premises and completion of the basic site Improvements. If BRIT's plans change and they fail to complete the demolition and the basic site Improvements during the time specified in the Lease Agreement, the City shall be entitled to the $500,000. 1800 University is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Libby Watson (6183) Originating Department Libby Watson (6183) Additional Information Contact: Cynthia Garcia (7611)