HomeMy WebLinkAbout018893-ARD1 - General - Contract - Lake Worth Sailing ClubCSC# 18893-ARD 1
RESTATEMENT AND AMENDMENT OF LEASE AGREEMENT
(CITY SECRETARY CONTRACT NO. 18893)
This Restatement and Amendment of the Lease Agreement is made and entered
into by and between CITY OF FORT WORTH, (Lessor) acting by and through Dana
Burghdoff, its duly authorized Assistant City Manager, and LAKE WORTH SAILING
CLUB ("Lessee"), acting by and through its duly authorized representative.
RECITALS
WHEREAS the City of Fort Worth ("Lessor") entered into a lease agreement with the
Lake Worth Sailing Club, beginning March 6, 1991 (City Secretary Contract No. 18893) (the
"Existing Lease") for the land described therein as Lot 5, Block 19, Lake Worth Lease Survey,
Fort Worth, Tarrant County, Texas also known as 8900 Sunrise Point Court and being formally
known as 4064 Peninsula Club Circle, Fort Worth TX 76135, for a Primary Term of fifteen (15)
years from March 6, 1991 to March 5, 2006 with two (2) ten year options to renew; and
WHEREAS, by way of Renewal of Lease Agreement (City Secretary Contract No.
33653), Lessee exercised the First Renewal Term for a period of ten (10) years from March 6,
2006 to March 5, 2016, such renewal being filed of record in the Tarrant County Real Property
Records on July 11, 2006 as Instrument # D206209700 ("Renewal of Lease Agreement"); and
WHEREAS, by way of Second Renewal of Lease Agreement (City Secretary Contract
No. 18893-R2), Lessee exercised the Second Renewal Term for a period of 10 years from March
6, 2016 to March 5, 2026; and
WHEREAS, by way of an Amendment to Lease Agreement (City Secretary Contract No.
18893-R2A1), Lessor and Lessee agreed to amend sections 3 and 4 of the Second Renewal of
Lease Agreement (City Secretary Contract No. 18893-R2) to provide for an updated Rent for the
second renewal term, commencing March 6, 2016 and ending March 5, 2026; and
WHEREAS, Lessor and Lessee now agree to enter into a new lease to provide for a thirty
(30) year Primary Term term at an annual lease rate of $17,136.31, with annual escalations of two
percent of the annual lease rate for the first 30 years, with two additional ten-year options to
renew at market adjusted rates.
NOW THEREFORE, WITNSSETH:
ARTICLE ONE
TERMINATION OF EXISTING LEASE
Section 1.01. The Existing Lease, identified as City Secretary No. 18893, is
hereby terminated as of the Effective Date of this Lease and is 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.
OFFICIAL RECORD
CITY SECRETARY
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
Page 1 of 16 FT. WORTH, TX
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, as more accurately described and
depicted in Exhibit "A" attached hereto and made apart hereof for all purposes. The
Existing Improvements are owned by Lessee and are specifically excluded as part of the
Leased Premises.
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
March 6, 2021, and ending at midnight on March 5, 2051 (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 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 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 sailing 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,
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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.
ARTICLE FIVE
RENTS AND DEPOSIT
Section 5.01. Lessee shall pay to Lessor rent ("Rent") in the amount of
$17,136.31 annually. The annual rental shall escalate 2% 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 Tern"), 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 annum (but only if in the case of
either (i) or (ii), Lessee is more than thirty [30] days delinquent). Notwithstanding the
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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.
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
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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
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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 fiirnished, by,
through, or under Lessee, by reason of any construction, alteration, addition, repair, or
demolition of any part of the Leased Premises.
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.
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ARTICLE NINE
INDEMNIFICATION
Section 9.01. LESSEE COVENANTS AND AGREES, AT ITS EXPENSE,
TO COST, AND TO INDEMNIFY, HOLD HARMLESS, DEFEND, 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
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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 fiom 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
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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 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.
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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 f
or 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 default cannot reasonably be cured
within said thirty (30) day period, then within an additional reasonable period of time so
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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:
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If to Lessee: Lake Worth Sailing Club
8900 Sunrise Point Ct
Fort Worth, TX 76135
Copy to: 2021 Commodore: Julia Brandt
9728 Brenden Dr
Fort Worth, Texas 76108
and
If to Lessor: Land Agent for Lake Worth
c/o City of Fort Worth
900 Monroe St. Ste 400
Fort Worth, TX 76102
Copy to: City Attorney's Office
City of Fort Worth
200 Texas Street
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]
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
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IN WITNESS WHEREOF, this Lease is executed by the parties to be effective as of the
date first written above.
LESSOR:
CITY OF FORT WORTH,
a Texas municipal corporation
,9an l BUY6IG doff
By:
Dana Burghdoff(Mar 13, 2021 10:51 CST)
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Matthew A. Murray
Assistant City Attorney
M&C 21-0036
January 12, 2021
1295 Certificate No. 2020-694931
ATTEST:
oaoannIl
o °09P0
PVo a=d
PP * 000 00 *Pd
a
oaan QEXa5444
City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Nita Shin sky( ar%202110;20CST)
Nita Shinsky
Land Agent
LESSEE:
LAKE WORTH SAILING CLUB
IA4C 18'14u7t
By: Julia Brandt (Mar 12, 202119:34 CST)
Julia Brandt
2021 Commodore
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
Page 13 of 16
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me this the 151h day of March
2021, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
pAYPU SEIENA ALA
2 a4 Notary Public
STATE OF TEXAS
Py Notary I.D,132422528
9�� My Comm. Exp. Mar. 31, 2024
STATE OF TEXAS
COUNTY OF TARRANT §
Selena Ala (Mar 15, 202111:02 CDT)
Notary Public, State of Texas
This instrument was acknowledged before me this the 0-0 day of
Mwcr_C_" , 2021, by t)tx L� si�iq•►rst ,, -2oDi (A w, ti.,., oz o "g of the
Lake Worth Sailing Club, a Texas non-profit corporation, on behalf of the Lake Worth
Sailing Club.
lky
Notary Public, State Texas
• OF t��'P :•
.A;11pp331� •'• 0
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
Page 14 of 16
EXHIBIT A
Lot 5, Block 19, Lake Worth Lease Survey, Fort Worth, Tarrant County, Texas
$ I
�� 1X ✓'-ram _ - .-._ _ __
0
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
Page 15 of 16
EXHIBIT B
Annual Rental
2% annual escalation
2021
$17,136.31
$342.73
2022
$17,479.04
$349.58
2023
$17,828.62
$356.57
2024
$18,185.19
$363.70
2025
$18,548.90
$370.98
2026
$18,919.88
$378.40
2027
$19,298.27
$385.97
2028
$19,684.24
$393.68
2029
$20,077.92
$401.56
2030
$20,479.48
$409.59
2031
$20,889.07
$417.78
2032
$21,306.85
$426.14
2033
$21,732.99
$434.66
2034
$22,167.65
$443.35
2035
$22,611.00
$452.22
2036
$23,063.22
$461.26
2037
$23,524.49
$470 49
2038
$23,994.98
$479.90
2039
$24,474.88
$489.50
2040
$24,964.37
$499.29
2041
$25,463.66
$509.27
2042
$25,972.93
$519.46
2043
$26,492.39
$529.85
2044
$27,022.24
$540.44
2045
$27,562.69 .
$551.25
2046
$28,113.94
$562.28
2047
$28,676.22
$573.52
2048
$29,249.74
$584.99
2049
$29,834.74
$596.69
2050
$30,431.43
$608.63
2051
$31,040.06
Total
$726,227.39
Amendment and Restatement of Lease with Fort Worth Sailing Club (CSO 18893)
Page 16 of 16
,� d_ /0 7 74o POW
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,
EXHIBIT A
STATE OF TEXAS %5
COUNTY OF TARRANT S
CITY SEC
CONTRACT
L E A S E
SECTION 1. This ground lease agreement is made and entered
into at Fort Worth, Texas, by and between the City of Fort Worth,
hereinafter referred to as "Lessor", and the- Lake Worth Sailing
Club, a Texas corporation, hereinafter referred to as "Lessee".
SECTION 2. For and in consideration of the rental to be
paid hereunder
and the
further .agreements
of the parties
expressed herein..
Lessor
does hereby lease, let
and demise the
property described as follows:.
Lot 5, Block 19, Lake Worth Lease Survey, Fort Worth,
Tarrant'County, Texas.
SECTION 3. This lease shall be for a period of fifteen (1S)
years commencing on March 6, 1991 , and terminating on
March 5, 2006 , unless a prior termination is effected
by either party hereto pursuant to. the termination provisions
expressed herein. This lease may be renewed for a maximum of two
successive periods of ten (10) years each, provided that Lessee
provides Lessor with written notice of its intent to renew on or
before sixty (60) days prior to the expiration of the term of
this lease or.any successive renewal thereof. The specified
written notice shall be effective upon receipt by Lessor. The
terms set forth herein shall govern and control the relationship
of the parties hereto during any renewal period affected here-
under, except that Lessor may increase or otherwise change the
1
rental rate for any renewal period. Lessor reserves the right to
terminate the lease at the and of the term or any successive
renewal thereof regardless of Lessee's intent to renew.
In the event the Lease is terminated or Lessee is evicted
from the premises for any reason, Lessor shall, not be responsible
for any personal property of Lessee remaining on the. premises at
the time of said eviction or termination, and paid personal prop-
ertiy shall be deemed abandoned by Lessee if such remains on the
premises at any time subsequent to the termination of the lease.
On the death of Lessee, this lease shall terminate by operation
of law and property will revert to Lessor.
SECTION 4. As consideration for this lease, Lessee agrees
to pay annual rent to Lessor in the sum of Six Thousand Dollars
($5,000.00) per year, said rent payable quarterly' in four equal
installments, on March 6 , June 6 ,
September 6 , and December 6 , of each calendar
year.
Lessee further agrees to pay rent for each year after the
first year in an amount that shall be adjusted by eighty percent
(80%) of the change in the annual average of the Consumer Price
Index U.S. City Average, "all items" index, all urban consumers
(Cpl-U) from the annual average for the previous calendar year,
as published by the Bureau of Labor Statistics for the United
States Department of Labor, said adjustment to he computed by
dividing the CPI-U for the most recent year by the CPI-U for the
immediately preceding year, subtracting one (1) from that quo-
6
tient, multiplying that result by eight -tenths (0.8), adding one
(1) to that product, and multiplying that sum by the rent for the
previous year.
SECTION 5. Lessee shall pay promptly all taxes, monthly
charges, assessments. and/or levies of any nature or character
whatsoever which may be lawfully assessed, taxed, levied or made
against the leasehold estate hereby created and/or any improve-
ments or personal property located on the demised premises.
SECTION 6. Lessee shall comply with all applicable laws.
prevailing in the jurisdiction in which the leased premises are
located.
Lessee shall not commit nor allow to be committed any waste
on the leased premises, nor shall Lessee maintain, commit or per-
mit the maintenance or commission of any nuisance on the leased
premises or use the leased premises for any unlawful purpose.
SECTION 7. Lessee agrees that the premises shall be used
for the purpose of operating a sailing club.
SECTION 8. Lessor expressly disclaims any warranty of -suit-
ability that may otherwise have arisen by operation of law.
Lessor does not warrant that there are no latent defects in the
premises that are vital to the Lessee's use of the premises for
their intended purpose and that the premises will remain in a
suitable condition. Lessee expressly agrees to lease the prop-
erty "as is," expressly accepts the premises in their present
condition as being suitable for all purposes of this lease, and
expressly waives the implied warranty of suitability.
3
SECTION 9. Lessee agrees that he will maintain the .leased
Premises and keep same in good repair at Lessee's sole cost and
expense. All maintenance, repair and upkeep of the leased prem-
ises shall be in accordance with all applicable federal, state
and local laws, rules, regulations, and specifications.
!SECTION 10. Lessee shall not construct any improvements on
the leased premises without the prior written consent of Lessor,
and any improvements shall be constructed at the sole expense of
Lessee. With the exception of Cottage Number 12, the same being
also known as the caretaker's cottage, which is and shall remain
the property of Lessor, all improvements on the leased premises
shall at all times be and remain the personal property of Lessee,
and Lessee shall have the right to remove said improvements, at
Lessee's sole cost and expense, at any time during the term
hereof and also within sixty (60) days after termination of this
lease, whether by expiration of its• term or any renewal term
hereof or by its earlier termination as provided herein; pro-
vided, however, that Lessee shall repair any and all damages to
the leased premises caused by such removal and further .provided
that any such improvement which shall not have been removed by
Lessee on or within sixty (60) days after termination of this
lease, shall be deemed abandoned• by Lessee and shall thereupon
become the absolute property of Lessor without compensation to
Lessee. Lessee expressly covenants And agrees that Lessee will
not be entitled to any reimbursement for the cost or value of any
improvements. Lessee further covenants and agrees that any and
all improvements on the leased premises shall be made, erected
4
and constructed in a careful, workmanlike manner and in full com-
pliance with all federal, state and local laws, rules. and regula-
tions.
SECTION 11. Lessee shall not assign or sub.Let tni-s Lease
without the prior written approval of Lessor. Lessee shall like-
wise not mortgage or encumber the leasehold -in any way without
such prior written approval.
SECTION 12. If Lessee is in default of any provision of
this lease, Lessor may give notice to Lessee of termination of
the lease by default, said notice to be in writing and specifying
the default or defaults upon which the termination would be based.
Lessee will have thirty (30) days from the date of the notice of
default within which to correct such default or defaults upon
which the termination is based or the lease.shall be terminated.
Either party shall have the right to terminate this lease
with cause upon thirty (30) days' written notice to the other
party.
If this lease is• terminated by Lessor, all rights of Lessee
shall cease and Losses shall, within ninety (90) days after termi-
nation, vacate the premises 'and return the premises to its
original condition. Any property of Lessee not removed within
ninety (90) days, at Lessor's election, may be retained and dis-
posed of by Lessor. Lessee shall make no claim of any kind
against Lessor for the termination.
SECTION 13. The waiver by Lessor of any default or breach
of a term, covenant or condition of this lease shall not be
deemed to be a waiver of any other breach of that term, covenant
4-
or condition or any other term, covenant or condition of this
lease, regardless of when the breach occurred.
SECTION 14. Lessor reserves the right to enter upon the
leased premises at all reasonable times for the purpose of
inspecting the premises. Lessor further reserves the right to
grant, establish and maintain easements upon the leased premises
not inconsistent with the rights of Lessee under this lease agree-.;
ment.
SECTION 15. - Lessee covenants and agrees to indemnify, hold
harmless and defend Lessor, its officers, agents, servants and
employees, from and against any and all claims. or suits for prop-
erty damage, loss and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or
asserted, arising out of or in connection with, directly of
indirectly, the leasing, use or occupancy of said premises during
the term of this agreement, whether or not caused, in whole or in
part, by alleged negligence of officers, agents, servants,
employees, customers, contractors, subcontractors, licensees or
invitees of Lessor; and Lessee hereby assumes all liability and
responsibility of Lessor, its, officers, agents, servants and
employees, for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connec-
tion with, directly or indirectly the leasing, use or occupancy
by Lessee of said premises during the term of this agreement,
whether or not caused, in whole or in part, by the alleged negli-
gence of officers, agents, servants, employees, patrons, con-
6
tractors, subcontractors, licensees or invitees of Lessor.
Lessee shall likewise indemnify and hold harmless Lessor for any
and all injury or damage to such premises during the term of this
agreement, whether arising out of or in connection with any and
all'acts or omissions of Lessee, Lessee's officers, agents, ser-
vants, employees, contractors, subcontractors, licensees,
invitees or patrons, or caused, in whole or in part, by the
alleged negligence of officers, agents, servants, employees
patrons, contractors, subcontractors, licensees or invitees of
Lessor.
SECTION 1.6. Lessee agrees that Lessee will, contempo-
raneously with the execution of this lease, provide Lessor with a
certificate of insurance as proof that Lessee has secured and
paid for 'a policy of public liability insurance covering all
public risks related. to the leasing, use and occupancy of the
Leased Premises. At .present, the amounts of such insurance shall
be as follows$
Property Damage i? .L V V, V V v
Personal Injury or Death, Per Accident $300,000
with the understanding of and agreement by Lessee that such
insurance amounts shall be revised at the Lessor's option, and
Lessee will so revise such amounts within thirty (30) days
following Lessee's receipt of written notice of such require-
ments.
SECTION 1.7. All notices required hereunder shall be sent to
Lessor at the following address:
7
Real Property Management Department
City of Fort Worth
1000 Throckmorton Street
Fbrt Worth, Texas 76102
All: notices to Lessee shall be sent to the following address:
Lake Worth Sai1inot.Club
4064 Peninsula Club Circle
Port Worth Texas 76135
Mailing of all notices pursuant to this Section shall be deemed
sufficient if mailed postage prepaid and addressed as specified
above, unless either party has been notified in writing of any
change in the other party's address. All time periods related to
any notice requirements specified in this lease shall commence
either on the date notice is mailed or on the date notice is
received by the party to whom it is sent, depending on the terms
specified in the Section requiring the notice.
SECTION 18. , This lease shall constitute the entire agree-
ment of the. parties to this lease and shall supersede any prior
agreements of said parties, either oral or.written, pertaining to
the specific subject matter specified herein.
SECTION 19. This lease and the relationship created hereby
shall be governed by the laws of the State of Texas. Venue for
any action brought to interpret or enforce the terms of this
lease shall be in Tarrant County, Texas.
6SIGNED this 'day of 19�
ATTEST: LESSOR: C rYO FOR ORTH
� 7
By:
rit Secre ary Assistant Ci Manager
APPROVED AS TO FORM AND LEGAL TY:
ssistant City Attorney
Date:
V
[corporate seal of Lessee]
(;Ontraot Awthori at on
LESSEE: LAKE WORTH SAILING CLUB
By:�
T le ecre ary Tr asurer
THE STATE OF TEXAS ' S
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the per-
son and officer whose name is subscribed to the foregoing instru-
ment, and acknowledged to m6 the he executed the same as the act
and deed of the City of Fort Worth, a municipal corporation of
Tarrant County, Texas, and as the Assistant City Manager thereof.,
for the purposes and consideration therein expressed and in the
capacity therein stated.
G VEN NDER HAND EAL OF OFFICE this G`2A day of.
19�
V. MMSON
* * Notary Pubfle
STATE OF TEW
OF
My Comm. Exp. JULY 211994
STATE OF TEXAS S
COUNTY OF TARRANT S
U, qma-
Notary Public in and for
the State of Texas
BEFORE ME, the and rsigned authority, on this day personally
appeared 66, /_ , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of the Lake Worth Sailing Club for the purposes and consideration
therein expressed and in the capacity therein stated.
yy�GIVE UNDER MY HAND A14D SEAL OF OFFICE this day of
• +' S :Yy'' 00'.N i
�'�: �,•+� tr ]{ ' i :�:,�'" j 'PUbiiO vfA:B Of �'JXtI`J
!Ay r;�r::,;csFn k� �'res tan 9 18 94.
�;ifk�vJ ire:A4M.4al+b�LW'ckbLk'V'[4'MaY+W
t
Not Public in and for
the State of Texas
10
By:
CITY OF FORT WORTH
900 MONROE ST
#302
FT WORTH TX 76102
Submitter: CITY OF FORT WORTH/REAL PROPERTY - 001 ZCFVI
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 07111/2006 02:63 PM
instrument #: D206209700
A 14 PGS $64.00
D206209700
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
� 1 �
.' `" 3,ECRETARY
..,Ati1 RACTNO. 139 q3-
AMENDMENT TO LEASE AGREEMENT
(CITY SECRETARY CONTRACT NO. 18893)
This Amendment to the Lease Agreement ("Amendment") is made and entered
into by and between CITY OF FORT WORTH (Lessor) acting by and through Jesus J.
Chapa, its duly authorized Assistant City Manager, and Lake Worth Sailing Club
("Lessee"),
RECITALS
WHEREAS, the City of Foil Worth ("Lessor") entered into a lease agreement with Lake
Worth Sailing Club, dated March 6, 1991 (City Secretary Contract No. 18893) (the "Lease") for
the land described therein as 8900 Sunrise Point CT formally known as 4064 Peninsula Club
Circle, Fort Worth TX 76135, for a Primary Term of fifteen (15) years from March 6, 1991 to
March 5, 2006 with two (2) ten year options;
WHEREAS, by way of Renewal of Lease Agreement (City Secretary Contract No.
33653), Lessee exercised the First Renewal Term for a period of ten (10) years from March 6,
2006 to March 5, 2016, and filed of record in the Tarrant County Real Property Records on July
11, 2006 as Instrument #D203209700 ("Renewal of Lease Agreement') with the option to renew
the Lease for one (1) additional period of ten (10) years
WHEREAS, by way of Second Renewal of Lease Agreement (City Secretary Contract
No. 18893-R2), Lessee exercised the Second Renewal Term for a period of 10 years from March
6, 2016 to March 5, 2026;
NOW THEREFORE, in consideration of mutual covenants contained in this Addendum,
Lessor and Lessee agree to amend Sections 3 and 4 of Second Renewal of Lease Agreement (City
Secretary Contract No. 18893-R2) as follows:
1. Sections 3 and 4 are deleted in their entirety and replaced with the following:
3. The Rent for the second renewal term, commencing March 6, 2016 and ending
March 5, 2026, shall start at an annual rate of $15,520.88. Thereafter, the rental
rate shall increase 2% annually and annual, quarterly and monthly rentals shall be
as follows:
.19
Terin
Annually
Quarterly
Monthly
March 6, 2016
March 5, 20�17
$ 15,520.88
$ 3,880.22
$ 1,293.41
March 6, 2017
March 5, 2018
$ 15,831.30
$ 3,957.82
$ 1,319.28
March 6, 2018
March 5, 2019
$ 16,147.92
$ 4,036.98
$ 1,345.66
March 6, 2019
March 5, 2020
$ 16,470.88
$ 4,117.72
$ 1,372.57
March 6, 2020
March 5, 2021
$ 16,800.30
$ 4,200.08
$ 1,400.03
March 6, 2021
March 5, 2022
$ 17,136.31
$ 4,284.08
$ 1,428.03
March 6, 2022
March 5, 2023
$ 17,479.03 1
$ 4,369.76
$ 1,456.59
March 6, 2023
March 5, 2024
$ 17,828.61
$ 4,457.15
$ 1,485.72
March 6, 2024
March 5, 2025
$ 18,185.19
$ 4,546.30
$ 1,515.43
March 6, 2025
March 5, 2026
1 $ 18,548.89
$ 4,637.22
$ 1,545.74
Amendment to Lease with Fort Worth Sailing Club (CSO 18893)
Page 1 of 2
2, All other terms of the Lease agreement remain in effect.
This Addendum shall be effective on YYI, &a -- , 2018.
1 -
LESSOR:
CITY OF FORT WORTH,
a Texas municipal corporation
IN
!I
Jesus J. Chapa
Assistant City Manager
APP OVED AS TO FORM AND LEGALITY:
6 ; r
Senior Assistant Ci y Attorney
ATTEST:
ty S
Ea M&CRrQ IRED
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
C:g�A &;�ax -- -
Name of Employ
Title
LESSEE:
LAKE WORTH SAILING CLUB
By:
Name.
Title: Commodore
Amendment to Lease with Fort Worth Sailing Club (CSO 18893)
Page 2 of 2