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HomeMy WebLinkAboutContract 39670CITY SECRETARY CONTRACT NO. 1 �- LEASE AGREEMENT THIS LEASE, effective as of October 1, 2009, between The City of Fort Worth, a Texas municipal corporation (herein called "Lessor"), having an address of 1000 Throckmorton, Fort Worth, Texas 76102, acting by and through its duly authorized Assistant City Manager; and Lake Worth Boating and Ski Club, a Texas non-profit corporation (herein called "Lessee"), having an office at 4001 Marina Drive, Fort Worth, Texas, 76135, acting by and through Douglas W. Broadway, its duly authorized President. WHEREAS, Lessor is the owner of real property located at Lots 6R, Block 8, Lake Worth Lease Blocks, as shown on the plat filed in Cabinet A, Slide No. 5598. P.R.T.C.T., in the City of Fort Worth, Tarrant County, Texas, with an address of 4001 Marina Drive, Fort Worth, Texas 76135, as further described in Exhibit "A" attached hereto and made apart hereof for all purposes ("Leased Premises"); This plat filed WHEREAS, Lessee is the owner of certain improvements that are situated upon the Leased Premises (the "Existing Improvements"); WHEREAS, Lessee has previously leased the Leased Premises from June 1, 1971 to the present and currently leases the Leased Premises under City Secretary No. 33853 ("Existing Lease"); and WHEREAS, Lessor and Lessee agree to enter into a new lease for an extended term and on the terms and conditions agreed to below. NOW, THEREFORE, WITNESSETH: ARTICLE ONE TERMINATION OF EXISTING LEASE Section 1.01. The Existing Lease, identified as City Secretary No. 33853, is hereby terminated as of the Effective Date of this Lease and fully substituted by this Lease, and neither party to the Existing Lease shall have any further duties or responsibilities under the Existing Lease following the Effective Date of this Lease. ARTICLE TWO LEASE OF PREMISES Section 2.01. In consideration of the mutual covenants and agreements of this Lease, and other good and valuable consideration, Lessor demises and leases to Lessee, and Lessee leases from Lessor, the Leased Premises. The Existing Improvements are owned by Lessee and are specifically excluded as part of the Leased Premises. OFFICIAL RECORD CITY SECRETARY i FT. WORTH, TX ARTICLE THREE TERM Section 3.01. Subject to the covenants and conditions herein contained, Lessee shall have and hold the Leased Premises for a term of thirty (30) years commencing on October 1, 2009, and ending at midnight on October 1, 2039 (herein called the "Primary Term"). Section 3.02. Lessee shall have two (2) options to extend this Lease for additional periods of ten (10) years each. Each such option (1) may only be exercised if no Event of Default on the part of Lessee has occurred and is continuing under any provision of this Lease and (2) must be exercised in writing no sooner than six (6) months prior to the end of the lease term then in effect and no later than three (3) months prior to the end of the lease term then in effect. The rent for the renewal term(s) shall be as set forth in Section 5.02. Section 3.03. If Lessee holds over and continues in possession of the Leased Premises after the Primary Term or any renewal term, as applicable, expires, Lessee will be considered to be occupying the Leased Premises at will, subject to all the terms of this Lease. ARTICLE FOUR USE OF PREMISES; COMPLIANCE WITH LAW Section 4.01. Lessee is granted and shall have the right to use and occupy the Leased Premises solely for the purpose of the operation of a boat and ski club, and for no other purpose without the written consent of Lessor. Lessee hereby covenants and agrees to keep the Leased Premises occupied and used at all times and to never allow them to become vacant, except for events of force majeure, casualty, condemnation and repair. Section 4.02. Lessee, at its own expense, shall promptly comply with all federal, state, municipal, and other laws, ordinances, rules, and regulations applicable to the Leased Premises and to Lessee's business conducted in the Leased Premises. Lessee shall not commit any act inconsistent with the operation of its business which is a nuisance or annoyance to Lessor, or which might, in the exclusive judgment of Lessor, appreciably damage Lessor's reputation, or tend to injure or depreciate the Leased Premises. Section 4.03. Under no circumstances will Lessee use or cause to be used 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. Section 4.04. Lessee 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 Lessor as to the condition of the Leased Premises or their suitability for the purposes intended. 2 ARTICLE FIVE RENTS AND DEPOSIT Section 5.01. Lessee shall pay to Lessor rent ("Rent") in the amount of $13,784.00 annually for the first five years of the Primary Term. Beginning in year six, the annual rental shall escalate 3% annually. A table of the rental for the Primary Term is set forth in Exhibit "B" attached hereto and made apart hereof for all purposes. Section 5.02. In the event Lessee exercises its first option to extend the Lease term for an additional term of ten (10) years ("First Renewal Term"), the rental for the First Renewal Term shall be at the then market rate for the Leased Premises. In the event Lessee exercises its second option to extend the Lease term for an additional term of ten (10) years ("Second Renewal Term"), the rental for the Second Renewal Term shall be the then market rate for the Leased Premises. The market rate for each renewal term shall be determined by an appraisal obtained by City not more than six months prior to the beginning of the renewal term. In the event that the appraisal is not obtained prior to the beginning of any renewal term, the rental rate shall be temporarily the same rate as the last year of the previous term, until such appraisal is obtained and Lessor gives Lessee notice of the new rental rate based on the appraisal. The new annual rental rate shall go into effect immediately upon the date of the notice from Lessor to Lessee, provided that the new annual rental shall be prorated to begin on the date of the notice. Section 5.03. The Rent shall be paid to Lessor without demand at the address specified in this Lease for notices to Lessor, or elsewhere designated from time to time by written notice from Lessor to Lessee. Each annual payment of rent shall be due and payable on or before the first day of each month during the Primary Term and any subsequent renewal terms. In the event any such installment of rent is not paid within five (5) business days after the due date: (i) a late payment charge equal to five percent (5%) of the annual rent shall become due and payable; and (ii) interest shall accrue on the unpaid annual rental amount at ten percent (10%) per annurn (but only if in the case of either (i) or (ii), Lessee is more than thirty [30] days delinquent). Notwithstanding the above, nothing herein shall prohibit Lessee from making the annual payment of rent in full on or before October 1 of each year of the term. ARTICLE SIX DEMOLITION AND CONSTRUCTION BY LESSEE Section 6.01. Lessee may, from time to time during the Primary Term, erect, maintain, alter, remodel, reconstruct, rebuild, replace and remove the Existing Improvements, buildings and other improvements (collectively and individually referred to herein as "Construction Work"), subject to the following: a. Lessee bears the full and complete cost of any Construction Work. b. The Leased Premises must at all times be kept free of mechanics' and materialman's liens. C. Lessee must provide performance and payment bonds covering any such work in a form acceptable to Lessor, or another form of guaranty of completion acceptable to Lessor. 3 d. Lessor must be notified in writing of the time for beginning and the nature of any such Construction Work, other than routine maintenance of Existing Improvements, prior to Construction Work being performed. e. The conditions of Section 6.02 concerning Lessor's approving plans must be followed. f. Any demolition on the Leased Premises shall be done in full compliance with local, state, and federal laws and regulations. Section 6.02. The following rules govern Lessor's approving construction, additions, and alterations of buildings or other improvements on the Leased Premises: a. Written Approval Required. No building or other improvement or demolition may be constructed on the Leased Premises unless the plans, specifications, and proposed location of the building or improvements has received City's written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material exterior 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. Lessee must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing any buildings or improvements that require Lessor's approval under subparagraph a above. Lessee must submit two complete sets of construction plans of detailed working drawings, plans, and specifications and any additional copies of site plans as required by Lessor for constructing the improvements or making material exterior additions or alterations or demolition of any improvements or structures for Lessor's approval before the project begins. C. Lessor will promptly review and approve all 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 Lessor. d. Exception to Lessor's Approval. The following items do not required submission to, and approval by, Landlord: i. Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation. 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. Lessor's approval does not constitute approval of the architectural or engineering design, and Lessor, 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. Section 6.03. Any buildings, improvements, additions, alterations, and fixtures (except furniture and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises are considered part of the real property of the Leased Premises and must remain on the premises and become Lessor's property when the Lease terminates, provided that upon termination, Lessor shall purchase the improvements on the Leased Premises which are the result of the Construction Work from Lessee by paying Lessee the then -fair market value established by an independent appraisal obtained by Lessor. Section 6.04. Lessee 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 Lessee, its subtenants or licensees, in, under, or on the Leased Premises, or acquired by Lessee, whether before or during the Term and any extension. Before the Lease terminates, Lessee 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 Lessor's property on that date. ARTICLE SEVEN TAXES AND OTHER CHARGES; LIENS Section 7.01. Lessee shall pay or cause to be paid, punctually when due and payable, as additional rent, with respect to the Leased Premises 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 the Leased Premises during the Term and any extension, whether belonging to Lessor or Lessee. Lessee will pay all the taxes, charges, and assessments directly to the public officer charged with their collection before they become delinquent, AND LESSEE SHALL INDEMNIFY LESSOR AND HOLD IT HARMLESS FROM ALL SUCH TAXES, CHARGES, AND ASSESSMENTS. Lessee 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. Section 7.02. Lessee shall pay or cause to be paid all charges for gas, water, sewer, electricity, light, heat, power, telephone, or other utility service furnished to, or used in connection with, or needed to be constructed to serve the Leased Premises during the Term of this Lease, including any connection fees. Lessor shall not be required to furnish to Lessee or any other occupant of the Leased Premises, any gas, water, sewer, steam, electricity, light, heat, power, telephone, or other utility or service of any kind. Lessor shall not be required to pay for any such charges, and there shall be no abatement of rent or liability on account of interruption of any such service (unless such interruption is caused by the negligence or misconduct of Lessor). Section 7.03. Lessee will not permit to remain, and will at its cost and expense promptly discharge, all liens, encumbrances, and charges upon the Leased Premises or a part thereof, arising out of the use or occupancy of the Leased Premises or a part thereof, or by reason of any labor or materials furnished or claimed to have been furnished, by, through, or under Lessee, by reason of any construction, alteration, addition, repair, or demolition of any part of the Leased Premises. 5 ARTICLE EIGHT MAINTENANCE AND REPAIR Section 8.01. Lessee shall, at Lessee's sole expense, keep the Leased Premises, including all fixtures or other improvements installed by Lessee, in good and tenantable condition and shall promptly make all necessary repairs and replacements to the Leased Premises. Upon termination of this Lease, Lessee shall surrender the Leased Premises to Lessor in substantially the same condition as at the commencement of the Lease, excepting only ordinary wear and tear and damage and subject to Section 8.02. Section 8.02. On or prior to the beginning of the Term, Lessee shall conduct a thorough and diligent inspection of the Leased Premises. Lessee's taking possession of the Leased Premises shall be conclusive evidence that the Leased Premises are in good order and satisfactory condition as of Lessee's taking possession. No promises of Lessor to alter, remodel, repair, or improve the Leased Premises and no representations respecting the condition of the Leased Premises have been made by Lessor to Lessee, other than as expressly contained in this Lease. ARTICLE NINE INDEMNIFICATION Section 9.01. LESSEE COVENANTS AND AGREES, AT ITS EXPENSE, TO PAY, AND TO INDEMNIFY AND SAVE LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST AND FROM, ANY AND ALL CLAIMS BY OR ON BEHALF OF ANY PERSON, FIRM, CORPORATION, OR GOVERNMENTAL AUTHORITY ARISING FROM THE OCCUPATION, USE, OR POSSESSION OF THE LEASED PREMISES, INCLUDING ANY LIABILITY FOR VIOLATION OF CONDITIONS, RESTRICTIONS, LAWS, ORDINANCES, OR REGULATIONS AFFECTING THE LEASED PREMISES OR THE OWNERSHIP OR OCCUPANCY OR USE THEREOF (TO THE EXTENT SUCH VIOLATIONS DID NOT EXIST PRIOR TO THE COMMENCEMENT OF LESSEE'S OCCUPANCY OF THE LEASED PREMISES). LESSEE SHALL RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE LESSOR, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM LESSEE'S USE OF THE LEASED PREMISES AND WHEN SAID ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WERE THE RESULT OF ANY ACT OR OMISSION OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, OR INVITEES OR THE JOINT ACT OR OMISSION OF LESSEE, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBLESEES. LESSEE IS EXPRESSLY NOT LIABLE FOR AND DOES NOT INDEMNIFY FOR ANY ENVIRONMENTAL DAMAGES OR THE VIOLATION OF SAID ENVIRONMENTAL REQUIREMENTS WHICH HAVE OCCURRED PRIOR TO THE DATE OF LESSEE'S INITIAL OCCUPANCY OF THE LEASED PREMISES. Section 9.02. Lessor, its members, directors, officers, agents, and employees shall not be liable to Lessee or to any other party whomsoever for any death, injury, or damage that may result to any person or property by or from any cause whatsoever in or on the Leased Premises or any part thereof unless caused by the negligence or willful misconduct of Lessor, its members, directors, officers, agents, or employees. LESSEE SHALL INDEMNIFY AND HOLD LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM AND DEFEND THEM AND EACH OF THEM AGAINST ANY AND ALL CLAIMS, LOSSES, OR JUDGMENTS FOR DEATH OF OR INJURY TO ANY PERSON OR DAMAGED PROPERTY WHATSOEVER INCURRED IN OR ON THE LEASED PREMISES, AND PART THEREOF, FROM AND AFTER THE DATE OF THIS LEASE UNLESS CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LESSOR, ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST LESSOR BY REASON OF ANY SUCH CLAIM, LESSEE, UPON WRITTEN NOTICE FROM LESSOR, SHALL RESIST OR DEFEND SUCH ACTION OR PROCEEDING. Section 9.03. AFTER AN EVENT OF DEFAULT OF LESSEE, LESSEE AGREES TO PAY AND TO INDEMNIFY LESSOR AGAINST ALL LAWFUL AND REASONABLE COSTS AND CHARGES, INCLUDING REASONABLE COUNSEL FEES, INCURRED DUE TO SUCH EVENT OF DEFAULT, IN OBTAINING POSSESSION OF THE LEASED PREMISES FROM LESSEE OR IN TERMINATING THE LEASE, OR IN ENFORCING ANY COVENANT OR AGREEMENT OF LESSEE CONTAINED IN THIS LEASE. Section 9.04. The provisions of this Article Nine shall survive the termination or expiration of this Lease. ARTICLE TEN INSURANCE Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the Leased Premises. The cost of such insurance shall be borne by the Lessee, unless otherwise specified. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. Commercial general liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal, and property damage. Minimum $2,000,000.00 aggregate. (The general aggregate limit shall apply separately to this project/location or the general aggregate shall be twice the required occurrence limit.) 2. Workers compensation and employers liability: Workers compensation and Employers' liability limits as required by the labor code of the State of Texas. 3. Commercial "All Risk" Property Additional Requirements to All Coverages • Deductibles and Self -insured Retentions - Any deductibles or self -insured retentions must be declared to and approved by the Lessor, which approval may not be unreasonably withheld, delayed, denied, or conditioned. • The following provisions shall apply to: General liability and automobile liability coverage o The Lessor, its officers, officials, and employees are to be covered as "additional" Insured's as respects: liability arising out of premises owned, leased, or used by the Lessee. • Policies shall contain no special limitations on the scope of protection afforded to the Lessor, its officers, officials, and employees. • The Lessee's insurance coverage shall be primary insurance as respects the Lessor, its officers, officials, and employees. Any owned commercial insurance or self-insurance programs maintained by the Lessor shall be excess of and not contribute with the Lessee's insurance. • Coverage shall state that the Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Workers compensation and employers liability coverage: The insurer shall agree to waive all rights of subrogation against the Lessor, its officers, officials, and employees for losses arising from the leased premises. • Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits requested, except after 30 days' prior written notice by certified mail return receipt requested, has been given to the Lessor. • Acceptability of Insurers - Insurance is to be placed with insurers approved or licensed to do business in the State of Texas with a Best's rating of no less than A-; VII. • Verification of Coverage - Lessee shall furnish the Lessor with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. In addition, the Lessor, its officers, and employees are to be endorsed as an "Additional Insured". The Lessor reserves the right to obtain complete, certified copies of all required insurance policies, at any time. ARTICLE TEN EMINENT DOMAIN If any part of the Leased Premises is taken by eminent domain, Lessor and Lessee may either terminate this Lease. If neither Lessor nor Lessee elects to terminate the Lease, Base Rent will be reduced in proportion to the area of the Leased Premises taken by eminent domain, and Lessor shall repair any damage to the Leased Premises resulting from the taking. All sums 8 awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, will be the property of Lessor without prejudice, however, to claims of Lessee against the condemning authority for moving costs and the unamortized cost of leasehold improvements paid for by Lessee taken by the condemning authority. If this Lease is terminated under this Article 10, Rent will be payable up to the date that possession is taken by the condemning authority, and Lessor shall refund to Lessee any prepaid unaccrued Rent less any sum then owing by Lessee to Lessor. ARTICLE ELEVEN SUBLETTING, ASSIGNING, AND MORTGAGING Lessee may not assign its interest under this Lease or sublease the whole or any part of the Leased Premises and any attempted assignment or sublease shall be void, provided, however, that nothing contained herein shall prohibit Lessee from leasing boat slips or temporarily renting out the facility to third parties for special events. ARTICLE TWELVE EVENTS OF DEFAULT BY LESSEE AND REMEDIES OF LESSOR Section 12.01. If Lessee 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 Lessor to Lessee or an additional reasonable period if Lessee is proceeding with diligence to cure the default, Lessor may declare this Lease, and all rights and interest created by it, terminated. If Lessor elects to terminate, this Lease will cease as if the day of Lessor's election were the day originally fixed in the Lease for its expiration. Section 12.02. Upon the termination of this Lease, Lessor may then or at any time thereafter re-enter and take complete and peaceful possession of the Leased Premises, with or without process of law, and may remove all persons therefrom, and Lessee covenants that in any such event it will peacefully and quietly yield up and surrender the Leased Premises to Lessor. Section 12.03. In the event of the termination of this Lease by Lessor as provided for in Section 12.01 above, Lessor shall be entitled to recover from Lessee all rentals accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Lessee, or for which Lessee is liable or in respect of which Lessee under any of the provisions hereof has agreed to indemnify Lessor, which may be then owing and unpaid, and all costs and expenses, including court costs and reasonable attorneys' fees incurred by Lessor in the enforcement of its rights and remedies hereunder. Section 12.04. No default by Lessor hereunder will constitute an eviction or disturbance of Lessee's use and possession of the Leased Premises or render Lessor liable for damages or entitle Lessee to be relieved from any of Lessee's obligations hereunder (including the obligation to pay rent) or grant Lessee any right of deduction, abatement, set-off, or recoupment, or entitle Lessee to take any action whatsoever with regard to the Leased Premises or Lessor until thirty (30) days after Lessee has given Lessor written notice specifically setting forth such default by Lessor, and Lessor has failed to cure such default within said thirty (30) day period, or if such 0 default cannot reasonably be cured within said thirty (30) day period, then within an additional reasonable period of time so long as Lessor has commenced curative action within said thirty (30) day period and thereafter is diligently attempting to cure such default. Section 12.05. No waiver by the parties to this Lease of any default or breach of any term, condition, or covenant of this Lease will be deemed to be a waiver of any other breach of the same or other term, condition, or covenant contained in this Lease. No provision of this Lease may under any circumstances be deemed to have been waived by either party to this Lease unless such waiver is in writing and signed by the party charged with such waiver. Lessee agrees that the receipt by Lessor of rent with the knowledge of the breach of any covenant or condition of this Lease by Lessee will not be deemed to be a waiver of such breach, and no provision of this Lease will be deemed to have been waived by Lessor unless such waiver is in a written instrument signed by Lessor. ARTICLE THIRTEEN MISCELLANEOUS Section 13.01. Neither this Lease nor any provision hereof may be changed, waived, discharged, or terminated, except by an instrument in writing, signed by the party against which the enforcement of the change, waiver, discharge, or termination is sought. This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Section 13.02. The headings in this Lease are inserted for reference only, and shall not define or limit the provisions hereof. Section 13.03. This Lease shall be fully executed when each party has signed and delivered to the other (by mail, overnight delivery, facsimile or e-mail) at least one counterpart, even though no one counterpart contains the signatures of all the parties to this Lease. Section 13.04. In the event that any clause or provision of this Lease shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. Section 13.05. This Lease expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Lease. Section 13.06. All notices, consents, or other communications required or permitted hereunder shall be deemed sufficient if given in writing and delivered personally or sent by public or private express mail or by U.S. Certified Mail, Return Receipt Requested, postage prepaid, to the other party at the following addresses: If to Lessee: Attention: Board of Directors 4001 Marina Drive Fort Worth, Texas 76135 mi Copy to: Lake Worth Boating and Ski Club 4001 Marina Drive Fort Worth, Texas 76135 and If to Lessor: Lake Worth Coordinator City of Fort Worth 7601 Cahoba Drive Fort Worth, Texas 76135 Copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 or to such other address as such party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. [Signature Page Follows] IN WITNESS WHEREOF, this Lease is executed by the parties to be effective as of the date first written above. APPROVED AS TO FORM AND LEGALITY: �� i �� D� �11/'Afl/X� assistant City Attomoy Attested by: Marty HandriX, (NtY S*GMU 12 LESSOR: CITY OF FORT WORTH Fernando Costa, Assistant City Manager L.-_)L-29c,o Contract Authorizatioa Date _ � LESSEE: LAKE WORTH BOATING AND SKI CLUB, a Texas non-profit corporation By:: a Douglds Broadway, President WI I ESS: Dalton Davis OFFICIAL RECORD CITY SECRETARY FT WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me this the L34day of , 2009' by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. ev Public, State of Texas STATE OF TEXAS EVONIADANIELS § s3� r MY' COMMISSION EXPIRES tg kdp 10, 2013 COUNTY OF TARRANT § This instrument was acknowledged before me this the lv'\)�, day of 2009, by Douglas Broadway, President of the Lake Worth Boating and Ski Club, a Texas non- profit corporation, on behalf of the Lake Worth Boating and Ski Club. 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Aoer�y'l11 #� 5 ILII i L ���i�S yi=tf:�i +� '% Mill' ���rl. i3ii :� i i f ��tfij����-it�� i•'-tirk}]f (jc zj[I�li; tiro }rdlj x in < < < ►}`• �FYjj 4Ft�! }} it i A Alam }� �� �11t ;IYitifiti$II�dSii�Fitifiiitiit E =ftiiifit i ipppr R x cs`t i}x L jt:daaja-j:�c:_t4t }7 }t}:a {_ pY{9}7Y}t az e�taii �Ffe iit A 'lAll Ti Ttit�iitt tttl l�� i�9�! �`II 'Glt! :f`J '3_YYaa3 xeaNit: }:79c=aatl Y9�"9 E.n i t '#a�`��il!mf1#t r If 0' Z r iif(i a �Iltt iilt���t�t�itit ��ifi�tl�ftit� } alli• 'j t1A1al\�L0.4llla3a a4lall Ri 0.i0.t i \l p r j 6' t f( ��7 f�A �:4y�eya'iJ:9 P7Y1'.a4 Yt1. ��0� t at A� #� it � 1 t :P- i Lit uh m s , a ry■ dF�t1 eY. 11 O fit F a�� a�a� ada � °• � � t Exhibit "B" Rental Table Dates Years Rents 1-Oct-09 1 to 5 $13,784.00 1-Oct-15 6 $14,197.52 1-Oct-16 7 $14,623.45 1-Oct-17 8 $15,062.15 1-Oct-18 9 $15,514.01 1-Oct-19 10 $15,979.43 1-Oct-20 11 $16,458.82 1-Oct-21 12 $16,952.58 1-Oct-22 13 $17,461.16 1-Oct-23 14 $17, 984.99 1-Oct-24 15 $18, 524.54 1-Oct-25 16 $19, 080.28 1-Oct-26 17 $19,652.69 1-Oct-27 18 $20,242.27 1-Oct-28 19 $20,849.54 1-Oct-29 20 $21,475.02 1-Oct-30 21 $22,119.27 1-Oct-31 22 $22,782.85 1-Oct-32 23 $23,466.34 1-Oct-33 24 $24,170.33 1-Oct-34 25 $24,895.44 1-Oct-35 26 $25,642.30 1-Oct-36 27 $26,411.57 1-Oct-37 28 $27,203.92 1-Oct-38 29 $28,020.03 1-Oct-39 30 $28,860.63