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Contract 31683
i _ �°�`a`-, /�), f NO, LEASE AGREEMENT WITH FORT WORTH INDEPENDENT SCHOOL DISTRICT THIS LEASE AGREEMENT ("Lease") is made and entered into this the ` day of 2005. by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton. and Wise Counties, Texas (hereinafter referred to as "CITY") acting by and through its duly authorized Assistant City Manager, and the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas (hereinafter referred to as the `FWISD") acting by and through its duly authorized Board President. ARTICLE 1. LEASE OF LEASED PREMISES §L01. Leased Premises. In consideration of the mutual covenants and agreements of this Lease, and other good and valuable consideration, CITY demises and leases to FWISD, and FWISD leases from CITY, an approximately 10 acre tract of land, more or Less, 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). This Lease Agreement is subject to all existing easements for public roads, channels, highways, public utilities,railroads,pipelines and electrical transmission lines. ARTICLE 2. LEASE TERM §2.01. Prima iv Term / Renewals. The term of the Lease ("Term") shall commence on the I" day of _ 2005 and terminate on the 3V' day of 2030 unless terminated sooner as provided in the Lease. The Lease may be renewed by mutual agreement between the parties for two ten-year terms ("Renewal Terms") thereafter provided that FWISD requests each renewal in writing to CITY on or before sixty (60) days prior to the expiration of the Term or any extension. §2,02. Termination. During any Renewal Term, either FWISD or CITY may terminate the Lease by giving the other party,written notice of termination on or before March 1" of any year during the Renewal Tenn,with the effective date of the termination being September I"of the year following the date of the termination notice. For example, if either party delivered a termination notice to the other party at any time from March 2, 2026 through March 1, 2027, then the effective date of the termination would be September 1. 2028. In the event this Lease is terminated or FWISD is evicted from the Leased Premises for any reason. CITY shall not be responsible for any personal property of FWISD remaining on the Leased Premises at the time of the eviction or termination, and the remaining personal property shall be deemed abandoned by FWISD if it remains on the Leased Premises more than thirty (30) days subsequent to the termination of the Lease. On the dissolution of FWISD, this Lease shall terminate by operation of law. §103. Holdover Tenancv. Unless the parties exercise the renewal options specified in §2,01, this Lease will expire without further notice when the Term specified in §2.01 expires. If FWISD holds over and continues in possession of the Leased Premises after the Terre expires. 1 T FWISD will be considered to be occupying the Leased Premises at will subject to all the terms of this Lease. ARTICLE 3. USE OF LEASED PREMISES §3.01. Permitted Use of Leased Premises. FWISD may use the Leased Premises only for the purpose of operating a facility for use by the Future Farmers of America, or other agricultural education programs associated with the FWISD as approved by the CITY, and for no other purpose without the written consent of CITY. The normal hours of operation of the agricultural education facility on the Leased Premises shall be 5:00 a.m. to 10:00 p.m. and any minors participating in special activities on the Leased Premises outside of these normal hours of operation must be under adult supervision. The consumption or possession of alcohol or illegal drugs on the Leased Premises shall not be allowed. §3.02. No Hazardous or Toxic Substances. Under no circumstances during the Term and extensions of this Lease will FWISD use or cause to be used in the operations 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 except agricultural products handled and disposed of in accordance with any applicable federal or state laws and regulations, CITY ordinances, rules or regulations. §3.03. Illegal Use Not Permitted. FWISD may not use 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. FWISD accepts the Leased Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges 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. FWISD accepts the Leased Premises subject to all previous easements, if any, that may have been granted on, along, over, under, or across the Leased Premises and releases CITY from any and all damages, claims for damages, loss, or liabilities that may be caused to all invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. §3.05. Zoning Restrictions and other Laws. The Leased Premises are subject to any statement of facts which an accurate survey or physical inspection might show, all zoning, restrictions, regulations, rulings and ordinances, building restrictions, and other laws and restrictions now in effect or hereafter adopted by any governmental authority having jurisdiction. §3,06. Dedication of Property. Upon completion of construction of the permanent improvements on the Leased Premises, the land shall be dedicated as parkland subject to the terms and conditions of this Lease. Any construction after the dedication shall be required to follow all applicable state laws regarding the conversion of parkland, 2 ARTICLE 4. RENT §4.01. Rent. FWISD will pay CITY the suns of[ One and'No/1100 Dollars ($1.00) per annum as Lease rental during the Term and during any Renewal Term. The parties agree that all consideration detailed in this Lease fairly compensates CITY for the lease granted by CITY, and CITY acknowledges receipt and acceptance of this consideration. Payment of the annual Lease rental shall be made at the administrative offices of the City of Fort Worth located at 1000 Throckmorton Street, Fort Worth, Texas on or before the I" day of September each year of this lease. FWISD, at its option, may pay, at the beginning of the Lease Term, the entire rental due under this Lease in one lump sum payment of Twenty-five Dollars ($25.00). If any renewal term is exercised by the Parties, payment of the lease rentals may be made in the same manner as prescribed herein. ARTICLE 5. LICENSE AGREEMENT §5.01. General Conditions. CITY agrees that FWISD may enter into a license agreement with Southwestern Exposition and Livestock Show("Stock Show")for the purpose of the Stock Show constructing, at no cost to FWISD, a facility for use by the Future Farmers of America, or other agricultural education programs associated with FWISD as approved by the CITY, subject to the following: a. Throughout the Term, no more than twenty-five percent (25%) of the land area (2.5 acres) of the Leased Premises may be developed with permanent building structures. b. Throughout the Term, no more than fifty percent (50%) of the land area (5.0 acres) of the Leased Premises may be developed with permanent or temporary buildings, parking areas, driveways, and any other improvements. c. All buildings must be sited so as to be visible from Las Vegas Trail for security reasons. d. The livestock area of the Leased Premises must be fenced with chain link fence or other fencing material approved by the CITY. e. CITY shall not be responsible for the cost of any work, including, but not limited to any necessary permits, licenses, taxes incurred or required or the extension or connection to water/wastewater utilities including impact fees, tap fees or other associated fees in connection with this Lease or the Stock Show license agreement. f, The Leased Premises must at all times be kept free of mechanics and materialman's liens. FWISD shall require the Stock Show to indemnify CITY against any and all mechanic and rnaterialmen's liens or any other type of claims or liens imposed upon the Leased Premises arising as a result of its conduct or inactivity, as well as any claim for personal injury or property day age claim that may arise during construction. . g. ClTl, must be unbficd nf the time for beginning and the nature ofany such work, other than routine maintenance *f existing buildings or improvements, prior|othe work being performed. O5.02. Permits, Licenses, and Taxes. CITY uba|| not be responsible for the uuai of obtaining any necessary permits, licenses, and taxes incurred or required in connection with this Lease or the license ugoeerncnC between FWlSl)and the Stock Show. 85.03. Beginning Construction. FVV|SD mbu|| require that the Stock Show begin construction no later than thirty-six (36) months from the date of the Lease. Failure to begin construction within such time obm|| constitute termination of this Lcumc. 85.04. . The fh||ovviug o/|cm govern C|TY`a approving construction, additions, and alterations o[ buildings or other peonooeut improvements on the Leased Premises: u. Written Approval Required. No building or other pcnmauco1 iropnnvcoocnt may he constructed onthe Leased Premises unless the plans, specifications, and proposed |000(ioo of the building or other improvement has received C|TY`m written approval and the building nrother improvement complies with the approved plans, specifications, and proposed location. No mou1criu| addition to or alteration o[any building orother ionpnovcnacnta erected on the Leased Pncomimcm may begin until p|uou and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by the C|TY`m Director of the Parks and Community Services DcpudozeoL Construction of any such building, improvement, addition, or alteration without nuutoui approval of the p|uom as required above mba|| be deemed an event of default under the terms of this Lease. b. Submission of Plans. F9/|S[y must submit two complete sets of construction plans prepared by u licensed architect or coginccx of detailed working drawings, plans, and specifications and any additional copies of site plans as required by CITY for constructing the building for Cll]/`a approval within thirty (30) months after this Lease imexecuted. lfFVVlSD wishes toconstruct any other buildings orimprovements or make any additions or alterations iu buildings or improvements for p/bicb ClTY`m approval is required under subparagraph u. above` FW[SD noom1 submit two copies of detailed working dru*'ingm, plans, and specifications for any such projects fbrClT\,`m approval before the project begioa. C. CITY will promptly review and approve all plans ocnote 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 obuogey in work or romtcriu\s not affecting the general character Vfthe building project noay be made o( any time without CITy`m approval, but a copy of the ukcoed y|uos and specifications must be furnished toCITY. & . The following items dm not require mubnission to, and approval by, CITY: 4 vm�U� �I ILL U-25ut" � i Minor repairs and alterations necessary to maintain existing structures and improvements bmo useful state uf repair and operation. ii. Changes and alterations required hvuu authorized public official with authority or jodadio1ino over the buildings or improvements to comply with legal requirements. iii. Interior modifications 1othe structures. e. Effect of Approval. Approval bv the CITY abuU not constitute orbe deemed o release of the responsibility and liability of FVYlS[), its agents, servants, employees, contractors and subcontractors for the accuracy and o*nupetcooy of its designs, working drawings, and specifications or other engineering documents. CITY, by approving the plans and specifications, umoumcu no liability ur responsibility for the architectural nr engineering design ur for any defect in any of the designs, working drawings and mpcuitica1iuum, or other engineering documents, buildings or improvements constructed from the p|uua nr specifications prepared bvthe Stock Shop/, FVV|6D` their agents, mervuu{m' employees, contractors, and aobcoobuotuoa` (it being the intent of the parties that approval by CITY constitutes approval of only the general design concept of the improvements iohccoomt,uotcd}. §5.05. Completion of Facility. Upon substantial completion and immuoocc of u certificate of occupancy for the facility, there will be no claims for mechanics' or materialmen's liens or other encumbrances against the Leased Premises nr the facility. G5.06. Any buildings, innpooncooeo1o, additions, a|icru1inum, and fixtures (except furniture, movable equipment, and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during the Term are considered part of the real property ofthe Leased Premises and must remain on the Leased Premises, and title to all permanent improvements on the Leased P/czoimea abuU vest in the CITY when the Lease expires nrieterminated. 85.07. Fixtures. FVVlSD may, u1 any time while it occupies the l.cmacd pcenoieem, or within ercumooub|e time thereafter, not to exceed thirty (]0) days, remove personal property, fbomibarc` machinery, equipment, uv other trade fixtures nvvoed or placed by FVVlS[), its sobtcnoo[o or licensees, in, under, or on the Leased Premises, or acquired by FVVlSI), whether before uc during the Term and any extension. On or before the date of expiration of this Lease or its cancellation, FYVlSll ahu|) vacate the Leased Premises, remove all property of FWISD and repair any damage to any buildings or improvements on the Leased Premises resulting from the removal, restoring the Leased Premises to a condition satisfactory to the CITY. If the CITY terminates this Lease, FW/8D mba|| vacate the Leased Premises, remove said property, and restore the Leased Premises within such time, as the CITY mba}{ reasonably designate, In either event, lfFW(SI] mbuU fail or neglect to remove said property within u reasonable time after the Lease termination date. not ko exceed thirty(�O)days, and so restore the Leased Premises,then said property shall become the property of the CITY. ARTICLE 6. TAXES G6.01 Palment by FNVISD. While it is anticipated that the Leased Premises will be exempt from ad valorem taxes. in addition tmthe rent specified in Article 4, FlWlS[) will pay ^ ' and discharge all taxes, general and special assessments, and other charges uf any kind levied on or aeacmacd against the Lcumcd Premises and all interests in the Leased Premises and all improvements and other property on them during the Term and any Renewal Tenu, `vbeihur hc}nngioQ 1n CITY or to FVVlSI}. Fn/lSD will pay all the taxes, ubuzgem, and uoecaeomcuta directly to the public officer charged with their collection before they become delinquent, and, to the extent permitted by {u"/, FWl3[) will indemnify CITY and hold it harmless from all such taxes, charges, and assessments. EWlSD may, iu good faith ct 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 Uobedue. FVVlSD'o failure to discharge any such purported lien shall constitute a breach of FWISD, and CITY may terminate this Lease upon thirty(]0)days written notice. However, FVVlSD'a financial obligation 0oCITY to liquidate and discharge such lien mho|| survive bo{|ovrioA termination of this l.eaec and until such u time ua the lien ixdischarged. ARTICLE 7. UTILITIES 87.01. Payment by FWISQ. FVVlUD will pay or cause to be paid all charges for water, beat, guy, electricity, sewers, and all other utilities used on the Leased 9rccniycy throughout the Term and any extension, including any connection fees, including any such charges during the construction of any building or other permanent improvement onthe Leased Premises. ARTICLE 8. REPAIRS,MAINTENANCE,AND RESTORATION 80.01. . At all times during the Term and any extension, FVV{ST} will keep and maintain, oc cause tohe kept and maintained oothe Leased Premises, including all buildings and improvements erected on the Leased P/enniacy, in agood state of appearance and repair (except for n:uoonub{c vvee/ and tear) at FVVlS[)"o own expense. All nuaiutcnuooc, repair and upkeep ofthe premises shall be in accordance with all applicable federal, state and local laws, rules, regulations, and apcoifiou1iouo. [WlS[) ohu|i neither unn000it nor ol|on' 0o be committed any waste on the l.ouaed Premises, nor yba{| PYVlSI} maintain, 000unuit or pcood the noaintcuuucc or coounnieaiou of any uuiauuos on the Lceycd Premises or use the Leased 9ncnaiaca for any unlawful purpose. FVV)SD will do all work and make all repairs necessary oradvisable to keep the Leased Premises from deteriorating in value or condition and to restore and maintain the Leased Premises and improvements thereon, excepting normal wear and tear. CITY mboU have the duhi and privilege, through its agents and representatives, to make inspections of the Leased Premises and thereafter to make recommendations to F\YlSDuf any repairs that, in C|TY`oopinioo, are necessary to be performed by FVV|0D upon the Lmmmcd Premises in accordance with the foregoing, Qn}emm otherwise specifically agreed to in writing by ClT\, ac/log in its sole discretion, FWlS[) covenants and agrees that it will cmmoou000e repairs within sixty (60) days from the date that such recommendations are made. Such repairs will be made in expeditious and workmanlike rumouec In the event that FVV7SD mbm|1 Dai( to undertake such n:ourumucnded repairs vvdbin the time provided, it is understood and agreed that CITY /nay, within its dimuotimn, undertake to nuabc such ncyuirm as it may deem ocueaa4ry� for and on behalf of FWISD, and in such event,the cost of such repairs shall be an obligation on FWISD to pay same upon demand 6v CITY following the completion of such repairs. � FWISD shall keep all growth of weeds and other objectionable vegetation on the Leased Premises from reaching such conditions as to violate governmental requirements, if any, or be hazardous and/or objectionable to CITY and/or adjacent property owners. Collection and proper disposal of trash, garbage, litter and debris will be the responsibility of FWISD, at its sole cost and expense. FWISD shall provide for the proper disposal of manure generated on the Leased Premises to prevent noxious odors from emanating from the Leased Premises. §8.02. Damage or Destruction. CITY shall not be responsible, under any circumstances., for any damage to property belonging to FWISD, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, and FWISD hereby releases CITY from any responsibility therefor. If any building or improvement constructed on the Leased Premises is substantially damaged or destroyed by fire or any other casualty, FWISD shall, at the option of FWISD, within ninety (90) days from the date of the damage or destruction, either 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 or remove the damaged or destroyed building and restore the property to the condition it was in before the casualty and terminate the Lease. 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 FWISD'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. INDEMNIFICATION AND INSURANCE §9.01. Liability of CITY. CITY IS NOT LIABLE FOR ANY 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 PROM ANY ACT OR OMISSION OF FWISD, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR FROM ANY ACT OF ANY ANIMAL, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAND, OR BROUGHT ABOUT BY FWISD'S FAILURE TO MAINTAIN THE LEASED PREMISES IN SAFE CONDITION. §9.02. Required language. The license agreement between the Stock Show and FWISD shall contain the following language: SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW BREACH OF ANY OF THE TERMS OR PROVISIONS OF 1 HIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO CONSTRUCTION OF A FACILITY FOR FUTURE FARMERS OF AMERICA PER THE LEASE AGREEMENT WITH FWISD AND THE CITY OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH SOUTHWESTERN EXPOSITION AND LIVESTOCK SHOW AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. §9.03. Notification. FWISD agrees to notify CITY promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the Leased Premises. FWISD agrees to make its officers, agents, and employees available to the CITY, at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the CITY may be responsible hereunder. FWISD shall place language in its contract with the Stock Show that the Stock Show shall notify the CITY as required by FWISD in this subsection. §9.04. No Waiver of Immunity as to Third Parties. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by CITY or FWISD as to any claim of any third party. §9.05. Cause of Action. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Lease, or to create any rights for the benefit of any person not a party to this Lease not otherwise existing at law. §9.06 Insurance Required Related to Construction. FWISD shall require the Stock Show as FWISD's licensee to obtain and maintain the following types of insurance and limits of coverage of contractor(s) and professionals during the development, design and construction of the facility: (a) Worker's Compensation. The Stock Show 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. The Stock Show shall require its contractor(s) to cover its subcontractors on its (their) policies or shall require the subcontractors to obtain and maintain statutory worker's compensation coverage and business automobile liability insurance($1,000,060 limit). (b) Professional Liability Insurance. The Stock Show shall require any architects and/or engineers providing professional services for the development, design and/or construction management of the facility on the Leased Premises to obtain and/or maintain professional liability insurance at a limit of not less than $1,000,000. Since this type of coverage is obtained on a "claims-made" basis, the professional(s) will maintain coverage continuously for a period of not less than two years after acceptance of the facility by FWISD. E (c) Commercial General Liability, The Stock Show shall require its contractor(s) to obtain commercial general liability insurance at a limit of not Icss than $1,000,000 per occurrence. (d) Builders Risk. The Stock Show or its general contractor shall carry builder's risk property insurance on the facility throughout the construction period. (e) Certificates of Insurance. The Stock Show shall furnish the CITY with certificates of insurance evidencing the insurance coverages required by this Section prior to commencement of any construction on the Leased Premises. FWISD shall require the Stock Show, its contractor(s) and/or professionals to name the CITY, 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 with an AM Best rating of A:VII. FWISD shall require the Stock Show and its contractor(s) to waive subrogation rights for loss or damage against the CITY, its officers, agents, and employees for personal injury(including death), property damage, or any other loss. CITY shall have no responsibility for any costs associated with the required insurance. §9.07 Insurance Required Related to On-Going Occupancy.and Use of the Leased Premises. After FWISD's acceptance of the facility constructed on the Leased Premises by the Stock Show, FWISD shall provide the CITY with a certificate of self-insurance. ARTICLE 10. DEFAULT AND REMEDIES §10.01. Termination on Default. a. The following shall be deemed events of default by FWISD under this Lease: i. FWISD fails to pay any of the Lease rental when due or any other payment of reimbursement to CITY required hereunder; ii. FWISD attempts to assign this Lease without the prior written consent of CITY-. iii, FWISD vacates any substantial portion of the Leased Premises for a period of longer than one school year, unless FWISD can demonstrate to the satisfaction of the CITY that all reasonable efforts are beinc, Z, made by FWISD to occupy said Leased Premises; iv, FWISD falls to use the Leased Premises as a facility for Future Farmers of America or other agricultural education program associated with FWISD without written consent of the CITY; V. FWISD makes a transfer in fraud of creditors, or makes an assignment for the benefit of creditors; or vi. FWISD fails to comply with any term, provision or covenant of this Lease. If FWISD defaults in performing any covenant or term of this Lease and does not correct the default within thirty(3)0)days after receipt olfwritten notice from CITY to FWISD or Zc Z,; % an additional reasonable period if FWISD is proceeding with diligence to cure the default, CITY may declare this Lease, and all rights and interest created by it,terminated. §10.02. Other Remedies. Any termination of this Lease as provided in this article will not relieve FWISD 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 FWISD under this Lease. Any such termination will not prevent CITY from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from FWISD for any default under the Lease. All CITY's rights, options, h and remedies under this 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 11.NOTICES §11.01. 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 FWISD: President Board of Education Fort Worth Independent School District 100 North University Drive Fort Worth,Texas 76107-1360 ARTICLE 12. GENERAL PROVISIONS §12.01. Right of Entry and Inspection. FWISD must permit CITY or its agents, representatives, or employees to enter the Leased Premises for the purposes of inspection; determining whether FWISD is complying with this Lease; maintaining, repairing, or altering the Leased Premises; or any other reasonable purpose. During any inspection, CITY may perform any obligations that CITY is authorized or required to perform under the terms of this Lease or pursuant to its governmental duties under federal state or local laws, rules or reaulations. FWISD will permit the CITY's Fire Marshal or his or her authorized agents to inspect the Leased Premises and FWISD and CITY will comply with all requirements of the Fire Marshal or his or her authorized agents that are necessary to bring the Leased Premises into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. FWISD shall maintain in proper condition accessible fire extinguishers of a number and type approved by the Fire Marshal or his or her authorized agents for the particular hazard involved, 10 If . 8l2.02� The CI7`�`m Parks and Community Services Director, or designee and the Fn0SD`m Superintendent, or designee, shall meet at least once o year tA discuss any concerns related to the operations ou the Leased Premises. CITY agrees iocoordinate with FVYlSI} to arrange the time, location and date of the meeting, which shall bc mutually acceptable. 812.03. . FVVl8I} for itself, its personal representatives, successors in interest and assigns, agrees aua covenant running with the land aa part of the consideration herein in its construction, maintenance, occupancy, use oroperation of the Leased Premises that no person shall be excluded from participation in or denied the benefits of FWISD's use of the Leased Premises on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. FYV|SI) further agrees for bue|[ its personal representatives, successors in interest and uymigou that no person ubu|} be excluded from the provision of any services on or in the construction of any improvements or alterations to the Premises on grounds of race, color, national origin, religion,handicap, sex, sexual ndentu1iuu or familial status. 6l2.O4. Compliance with ADA. in signing this Lease, FYYTSD certifies that ut the time the Leased Premises are occupied by FVVlSD and throughout the Term of the Lease and any renewal, FWl8[) will comply with all applicable provisions of the Americans with Disabilities Act ofl990, Public Low 101-336, 42 United States Code 12101 etueg. and all applicable Texas Accessibility Requirements. Any renovations nccmuaog'for the Leased Premises to comply with all applicable provisions of the /inucdcunu with Disabilities Act of 1990, Public Law 101-336` 42 United States Code 12101 et ocg. and all applicable Texas Accessibility Requirements oba|| he made hvFW|SI). 812.05. No Partnership or Joint Venture. FVVlSD obu|| operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the CITY. FVV|SD shall have the exclusive control of, and the exclusive right to, control the work designated to the FWlSDtn be performed hereunder, and all persons performing the same, and shall be uu|c|y responsible for the acts and uzniuuionu of its o0lccm` agents, servants, contractors, subcontractors and employees. Neither ClT}, nor FVVlS[) oba|| be responsible under thc Doctrine ofRcepuodea1 Superior for the acts and onoiuuimou of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the CITY is not involved as u party to any activities that may be carried on by PVV|DD pursuant to this Lease. FYViSD acknowledges itself mu|e|y responsible for such activities and for all persons and property involved mrused in connection with F\V|SD"a use nf the Leased Premises. Provided, however,that no provision of this Lease shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of ,govcmooucutui immunity or any other immunity vvbicb it has under law. G|2.86, lf constructing the building mrcuring 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 ofGod, governmental restrictions, regulations, or interference, fire or other cumu4(ry, or any other circumstances beyond the Stock Show's mrFV/lSI),m ooubn| or that ofthe party obligated or permitted under this Lease tmdu or perform the term or covenant, regardless ofvvbetberthe circumstance in similar to ally of those zn enumerated ornot, each party mo delayed in excused from performance during the delay period. 8l2.O7. No Termination on Bankru te . Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment ofa receiver will not affect this Lease as long as FWlS0 ' and CITY or their respective successors or legal representatives continue to perform all covenants of this Lease. §12.08. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assians, if any. §12.09. Invalidity of Provisions. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either FWISD or CITY in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Lease. §12.10. Waiver of Immunity. If FWISD, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, FWISD, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against CITY. §12.11. Applicable Laws. The laws of the State of Texas shall govern this Lease and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to,the terms of this Lease shall be in Tarrant County,Texas. §12.12. Severability of Provisions. If any of the provisions contained in this Lease shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. §12.13. Sole Agreement. This Lease constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. 4 i 51 W -W ,W'70` Ttt ~ ` SXEClJTEDddmtbc durof 2005. CITY OF FORT WORTH FOK�8� �� SCHOOL TRICT OOL��m*i�aot(�dv�Yuougcr 8ourUoW�ouuuouo ATTEST: ATTEST: 6-"k "1-1irsecretary, Board ofEducation APPROVED AS TO FORM AND LEGALITY A �___-- joEll Date: STATE 0FTEXAS § COUNTY OFT/\RRANI 8 B[lF()BE ME, the undersigned, allo[ary Public in and for the State of Texas, on this day personally appeared Libby Watson, /lmoistuot City Manager for the City of Fort VVodb, known tonue to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged toonm that the same was the act of the said City of Fort Worth, and that she executed the same um the act and deed of the City of Fort Worth, a municipal corporation of Txnuot. Denton, and Y/iac Counties, Texas and for the purposes and consideration therein czpn:somd, and in the capacity therein stated. A n 0 � i 2005 Submo�bedbn and avvmru ��f�r� mmed)��m y� �'&4 ROSELLAakRNM Notary Public in and for the StaUeofT�xas My Commission Expires � i M 31 2009 fAv ~ .°°^. l� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared WJ 1,Li , ,,- I e-,-- , President of the 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, and that he executed the same as the act and deed of the Fort Worth Independent School District, a political subdivision, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this day of 2005 A M4 WY p1j, Notary Public in and for the State of Tet My Commission Expires: OF '/fit 1111110i\\ 14 � � . � . \�� � \ \ < � ` \ ` � � y i � , � ' j . � \. �» � «: � > � » . » : > » ,> . }���� � . a ° , y < \ �- �»�y© ` - °^ » ?w y»® � 7\y�. < « ^« 2 ^ \ \� \\¢ : a � �y\ ^ \: . :y.. > ��\\\ . . / � /\\ � \ � ^ �\. . 2 ` w� ? 2 m � �/\\/ � , \ § � . ƒ< y /\ \ � \ � / \ \ � . , y \ y� \ > � > \yam/ . % \ ; r � © � � " � � © � . , . , . \, ©c : » . . .ƒ �\ :v« . «» » » < {\� � y © � © , /«« « � yy,. , . �� � � wr �� �� ,�\ > �. ° < �% � �\ƒ �� � wv � I \ � � � :\ . »> \2 �/�. \ > \> w . �. , . ; / \ \w . . \ � . / � �� . � � � City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/29/2005 DATE: Tuesday, March 29, 2005 LOG NAME: 80FFA REFERENCE NO.: C-20628 SUBJECT: Authorization to Enter into a Lease Agreement with the Fort Worth Independent School District for a Ten Acre Tract of Land in West Park RECOMMENDATION: It is recommended that the City Council: 1. Enter into a lease agreement between the Parks and Community Services Department and the Fort Worth Independent School District (FWISD) for property at West Park; and 2. Amend the West Community Park Master Plan to include the proposed additions and changes related to the FWISD/Future Farmers of America use agreement. DISCUSSION: The Parks and Community Services Department (PACSD) has been approached by the sponsors of the Future Farmers of America (FFA) at Arlington Heights High School requesting to lease a portion of West Community Park in order to construct a barn facility to house FFA program animals. The proposed site, (See Attached Map), comprises approximately ten acres on which a 9,900 square foot pole barn will be constructed. Program sponsors intend to construct the facility and give it to the Fort Worth Independent School District (FWISD) for use by the FFA of Arlington Heights. Initially, the facility will house eight to ten head of cattle with smaller animals to be added later. Program sponsors anticipate no more than 20 to 25 projects at the facility at any given time. Most of the traffic to and from the facility will be students who are providing daily care for the animals. Other traffic impacts will be a limited number of trips to livestock shows in the spring when livestock will be hauled by trailers from the site to these events. Originally, a site along Silver Creek Road was proposed but proved cost prohibitive due to the lack of utilities to service the area. The cost to provide an adequate water supply for fire protection eliminated this site from further consideration. City staff working with the program sponsors, selected the recommended site off Las Vegas Trail in consideration of the existing utilities and the future programmed land use for this area as defined in the West Community Park Master Plan, On January 20, 2005, City staff attended a public meeting to update the Lake Worth Community on several key issues, As part of that presentation, PACSD staff reviewed the FFA proposal and site plan with the community, Areas of concern to the neighborhoods were the extent of the property to be leased and the amount of property that would be developed. In order to address those concerns, City staff has proposed limiting the acreage leased to ten acres. Sponsors of the program indicate this will be sufficient for all of their current and future needs. To further limit the development in this portion of the park, the proposed parking identified in the master plan, off Las Vegas Trail, will be eliminated from the master plan. City staff will revise the master plan to note this 5MVP A pnoe 1 of 2 change and will site the proposed facilities in a way to ensure adequate security. In addition, the remaining acreage originally identified for West Community Park will be formally dedicated as parkland to ensure that all future uses are compatible with the master plan. The proposed terms of the lease agreement will be for 25 years with an option for two additional ten-year renewals as mutually agreed to by both parties at a rate of $1 per year. The Fort Worth Independent School District will be responsible for the maintenance of the building and the upkeep of property that it leases. On August 10, 2004, the Board of Education for the FWISD voted in favor of entering into this lease agreement. On March 22, 2005, the Parks and Community Services Advisory Board voted in favor of entering into this lease agreement. The proposed site is located in Council District 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Parks and Community Services Department will be responsible for funds due the City under the agreement. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 481306 0801000 $1.0-0 Submitted for C _VanagerlsWice by; Libby Watson (6183) Originating Head: Randle Harwood (Acting) (5704) Additional Information Contact: Harold Pitchford (Acting) (5728)