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HomeMy WebLinkAboutContract 25600 ul CITY SECRETARY' CONTRACT NO. LA,, STATE OF TEXAS S COUNTY OF TAR .NT LEASE AGREEMENT SYCAMORE PARK SOFTBALL FIELD NO. 2 This Lease Agreement (the "Lease"" is made and entered into this day by and between. the City of Fort Worth "Lesser") and "texas Wesleyan University ( collectively the ""Parties':'. In consideration of the mutual covenants is and agreements set forth in this Lease, and other good and valuable consideration, Lessor does hereby demise and lease to lessee, and Lessee does hereby lease from Lessor, the premises described in the attached and, incorporated Attachment A t i or the Leased Premises"). ARTICLE I TERM Section 1.01. Term of Lease. The primary tern of this lease shall he ten 10 years, commencing on October 1, 1999 and ending on September 3 �, 2 009 Section 1. 2. ti n, to Extend Term. This Lease may extended at the discretion of 'Lessor beyond the expiration date of t he Primary Term provided in Section 1.01 on the following terms and conditions: a. Upon written request of Lessee, Lessor may extend the -n*mary Term of this Lease for a period of five 5 years (the "First Extension Term"), with the First Extension Term to begin on the day following the expiration date of the Primary Tenn. Upon written request of Lessee, Lessor may extend. this Lease are additional five 5) years (the "Second Extension Terra." beyond the First Extension Term with the Second Extension Tenn to begin on the day following the expiration date of the First Extension Te . All, the terms, covenants and provisions of this Lease shall apply to all extensions. b. Lessee may request extension of this Lease by giving to Lessor notice of its intention to do so not later than sixty 6 1 days prior to the expiration of the Primary Terri or, First Extension Term, as the ease may he. Section 1.03.. Holdover. If Lessee holds over and continues in possession of the Leased Premises after expiration of the e Sri ary Term or any of the extensions of that term, other than as provide: in Section 1.02 Lessee will he deemed to he oee .p ring the Premises on the basis of a month-to-month tenancy, subject to all of the teas and conditions of this Lease. RECORD RE uty pommem-,MN ARTICLE 2. RENT Section 2.01. Rent. Lessee agrees to pay to Lessor the sum of $10.00, per year, on or before the first day of each year, as rent, for the succeeding year. If the Lease is renewed as set forth in Section 1. 2, Lessee agrees, to, pay to Lessor during any such extension to the stm-i of $10.00 per year, payable as herein set forth. Section 2.02. Place of Payment, Lessee agrees to pay rent as provided in Section 2.01 to Lessor at 1,000 Throckmorton Street, Fort Worth, Texas 76102, or at such other location or locations an Lessor shall from time to time designate by written notice to Lessee, as provided in this Lease. ARTICLE 3 USE OF PREMISES Section, 3.01. Permitted Use. Lessee shall operate the Leased Premises solety as a softball field during the term of this Lease., Lessor warrants and represents that the! Premises are properly and completely zoned by the City of Fort Worth, Texas, or an appropriate subdivision thereof, for use as a baseball field. Section 3.02. Leasehold Improvements. Subject to written approval by the City, Lessee shall be permitted to make the following improvements to the Leased Premises., a. Erection of a security fence to enclose the stands, bull pens, concession areas and practice areas upon approval of Lessor as to the location of such fence. b. Erection and installation of dugouts. c. Erection and installation of a press box, restrooms, concession stands and ticket booths. d. Erection of batting tunnels. e. Installation of wind screens on the outfield fence. f Erection of a storage building. Installation of a scoreboard. h. Installation of a telephone., i. Installation of foul poles. M . Extension of utility service as required by the above at sole expense of Lessee. VINECCIAL PROUD 2 UTY 5Ef�:IIP ,EpY FT 'M� TIM .1 CO 11�. WANN.-i l fjp ,NO, All such improvements removable from the Leased. Premises without permanent and unreasonable damag thereto shall be the sole property of Lessee and may be removed h r Lessee at the expiration of this Lease or any extension thereof Lessee shall remove all improvements sp if"ied by Lessor for removal within a. reasonable time after the expiration or earlier termination of this Lease.. Lessee shall he obligated t obtain all necessary building and concession permits required for the construction, pil ci g and maintaining of any and all of the leasehold improvements listed in this Section 3.02 and any other improvements which are thereafter cnnstn cted on the Leased Premises. Section 3.03. Income Production. Lessee shall be permitted to sell tickets and operate concession stands for and during events sponsored by Lessee on the Premises, retaining all revenue generated from such sales. Additionally, Lessee shall be pen- itted to sell advertising and erect ,apps prate signs on interior fences of the softball field for such advertising, provided, however, that all advertising shall face into the interior ,f'the softball field, save and except the advertising placed on the existing sc reh �ard. It is further provided that advertising for adult products, tobacco r alcohol will not h e approved. All revenue generated from. ,advertising sales shall he retained h Lessee. p nn termination f this Lease,, all advertising agreements reents with third parties shall, cease and Lessor shall not be bligated to continue or maintain such advertisiner Section 3,04.. Use Lessor. Lessor shall, have the rig ht to use the Leased Premises at :lessor's option provided, however, that Lessor and Lessee shall coordinate such use so as to address the reasonable needs of both parties. Lessor and Lessee agree to meet at least annually during the ter of this agreement, or more often if necessary, to plan for the prospective use of the facility so as to minimize the potential for conflicting schedules, Use of the Leased Premises by the Lessor shall he without charge to the Lessor. ARTICLE MAINTENANCE AND SURRENDER Section.4.01. 'Maintenance h Lessee. Lessee shall, at its own expense and risk, maintain the Leased Premises in good and satisfactory condition in a prompt and efficient manner. Lessee shall beep the Leased Premises free f onil waste, other than ordinary wear and tear, or nuisance. Lessee shall maintain and niow the baseball field in a manner it deems adequate for its use. Section 4.02. Remedy for Failure to Maintain.. In the event Lessee fails to perform its obligation to repair, replace or maintain as set fort h in Section 4.01 above, after notice from Lessor of the need for such repair or maintenance �n the �twenty (20) days after such notice, Lessor may, at its option, either make or cause to be made such repairs or maintenance and hill, Lessee therefor (which hill Lessee agrees to promptly, pad) or immediately terminate this Lease, without waiving any right to pursue its reme dies for breach of this Lease. Section 4.03. Ternnination. At the termination of this Lease,1 Lessee shall surrender and g � pair and condition as they were in at 3 7V $E vl',�)MM P Y Ammon, deliver the Leased. pr�n.��ses t Lessor.gin �.s a�c�d �. state �f re.. the time Lessor delivered possession to Lessee, except for reasonable wear and tear and damage by fire, tornado or other casualty'. ARTICLE 5 TAXES, UTILITIES, GARBAGE REMOVAL AND SECURITY Section 5.01. Utility Charges. Lessee shall pay all utility charges in connection with the Leased, Premises including without limitation electricity and water, directly to the utility ,company or municipality fir fishing the same before the same shall become delinquent. Section 5.02. Garbag Removal. Lessee shall bag all garbage and nibbish on the Leased Premises, in accordance with City standards,. Lessor shall remove fi-om the Leased Premises all, garbage and rubbish which is bagged in accordance with City standards. Section 5.03. Securit ., Lessor shall have no obligation to provide security, for the Premises. Lessee shall provide the security force necessary to assure Lessee that -the Leased Premises and all improvements, property, patrons and invitees are properly protected against vandalism) theft and other perils, that may occur,thereto., ARTICLE 6, DEFAULT Section 6.011. Default by_Lessor or Lessee. if either Party defaults in the performance of any terrn. covenant or condition required to be performed by it under this Lease, the non-defaulting party may elect to do either one of the followings a. After not less than twenty (20) days notice to the defaulting party, the non- defaulting party may remedy such default by any necessary action and, in connection with such remedy, may pay expenses and employ counsel; all sums expended or obligations incurred by the non-defaulting party in connection with remedying the default shall be paid by the defaulting party on demand. b. Terminate 'this Lease on giving at least thirty (30) days notice to the defaulting party of such intention. The 'Lease will then be ten-ninated on the date designated in the notice, unless the default has been cured prior to expiration of the thirty (3 0) day period. Section 6.02. Cumulative Remedies. All rights and remedies, of Lessor and Lessee under this Article shall be cumulative and shall not exclude any other right or remedy provided by law or by any other provision f'this Lease,. All such rights and remedies may be exercised 1 11 and enforced concurrently and I i wnenever and as often as occasion for their exercise arises. Section 6.03. 'Waiver of Breach. A waiver by either Lessor or Lessee of a breach of this Lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Lease. U v V I cc A k E;11)E C 0 R D 4 ARTICLE 7 ASSIGNMENT Section 7.01. siognment byLessee. Lessee may assign or transfer any of its interests under the terms of this Lease only Wan the written consent ot%Lessor. ARTICLE 8 MISCELLANEOUS Section 81.01. Notices and Addresses. All notices required under this Lease must be given by certified mail or registered mail, addressed to the proper party, at the following, addressees.- LESSOR,: CITY OF FORT WORTH Attention-. Parks and Community Services Director 1000,Throckmorton Street Fort Worth, Texas 76 10!2 LESSEE: TEXAS, WESLEYAN UNIVERSITY Attention,:: Vice Presi dent for Finance 1201 Wesleyan Street Fort Worth, Texas 76105-15316, Either party may change the address to which notices are to be sent to it by giving the other any notice of the new address in the manner provided in this section. Section 81.02. Parties Bound. This Lease shall be binding and upon and inure to the benefit of their respective heirs, executors, administrators, legal representatives,, successors and assigns when permitted by this Lease. Section 8. 03. Texas Law to Apply. This Lease shall be construed Linder and in accordance with the internal laws and not the laws of conflict of' -the State of Texas, and all obligations of the parties created by this Lease are perfon-nable in Tarrant County, Texas. Section 8.04. Le2al Construction. In case any one or more of the provisions contained in this Lease shall for any reason be held by a court of competent jurisdiction, to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or 'unenforceability shall not affect any other provision of the Lease, and this Lease shall be construed as if the invalid, illegal or unenforceable provision bad never been included in the Lease. Section 8.,051. Prior Agreements Superseded. This Lease constilutes, the sole and only agreement of the parties to the Lease with respect to the lease of the Leased Premises, and supersedes any prior understandings or written or oral arrangements between the parties respecting the subject matter of this Lease. OFF CIAL Ef.�ECORD E y EX Section 8.0 . Amendment. No amendment, modification or alteration of the ternis of this Lease shall be binding unless, it is in writing, dated subsequent to the date of this Lease and duly executed by the parties, to this Lease. Section 8.07. Rights, and Remedies Cumulative. The rights and remedies provided by this Lease are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights, the parties, may have by law, statute, ordinance or otherwise. Section 8.08. Attomeys Fees and Costs. If, as a result of a breach of this Lease by either party., the other party employs an attorney or attorneys to enforce its rights under this Lease!, then the breaching party agrees to pay the other party the reasonable attorney's fees and costs incurred to enforce this Lease. Section 8.0 9, Force Majeure. Neither Lessor nor Lessee shall be required to perform any term,, condition or covenant in this Lease so long as performance in delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions, by any governmental authority, civil riots, floods and any other cause not reasonably within the control of Lessor or Lessee and which, by the exercise o�f' due diligence,, Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Section 8.10. Time of Essence. Time is of-the essence in this Lease. Section 8.11. Non-appropriation. In the event that funds sufficient to pay any obligation of the Lessor hereunder are not appropriated by the governing body of Lessor, Lessor shall notify Lessee in writing and this Lease shall teinninate on the last day of the fiscal period for which funds have been appropriated,. Q i F I Ak,k � , -15.�'l� DD le 6 RIO Na The Undersigned Lessor and Lessee, exeCttte this Lease an the day of at Fort Worth., Tarrant County, Texas. LESSOR. ATTEST., CITY OF ORT WORTH 001� 0/1 Glonia Pears , City Secretary o o �,fbby W 6n Assista:nt City Manager APPROVED AS TO FORM AND LEGALITY, 0 Contract uthorization Ile ol Assistant City Attorney Date LESSEE,. TEXAS `SLEYA UNIVERSITY 110 '0 B y: 0�- Step9n A. Mat-tin Vice President for Finance Fro W STATE F TEXAS COUNTYOFTARRANT § This instrument was acknowledged before me on this a by Libsby Watson as Assistant City Manager of the City of Fort Worth, exas,. Aw N ES L C ROSEL,LA BARNES NOTARYPUKIC Scat Notary Public in and for the State o Texas Comm. Exp.03-31.21001 1)01 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before e can this day of 1999, by Stephen A. Marten as Vice President for Finance of Texas Wesleyan Una ersity. 551;II p V f tiJ, V A k Notate I ublic in and for the State o xas i z 0* >t J r a " 4r *P I cc, F%('.T El A PD,'7 m V VEX 411 , r vig " o _ S IT swam FA OFA ILI fit wi nllr „err--- `� 1 .�rw�/MII , w� # r ww , r a Murw wuww �� w�ulwwr w�Y I , d t i,� Vll��ullq , w� �. „ Mop- Ad w. 'r I DATE, January 26, 2000 r,u d David L. Yett, Assistant City Attorney i y Watson, Assistant City Manager AGIoria Pearson, City Secretary FRO MM Richard Z v 1 , Director Parks and l Community Services [ apartment SUBJECT: LEASE AGREEMENT WITH 'TWU FOR SO FTBALL FIELD This is a request for your assistance in executing the three 3), attached original copies of the above lease with Texas Wesleyan university TWU)l. This a Ir ement will allow' 'TWU to lease Sycamore Park Softball Field Number er 2 for an initial' terra of 10 years with two five-year options. By mutual consent, the leased field may be made, available for City-sponsored events. The M C approving this agireernent is also attached. Once the agreement has been executed, ;Asses contact Manuel Castillo, Senior Administrative Assistant, at extension 5758 for pickup. Should you have any questions, please let me know. rc j rr II �m Richard ?avl , Director Parks and Community Services Department F ;mc d:0rnsword\purchasin \contr cts\twu lease transmittal lihhy 0100.doc C Melody A. Mitchell, Assistant Director No� rthe st Region Manuel Castillo, Senior Administrative Assistant Attachments t4 T ' PARKS AND, COMMUNITY SERVICES DEPARTMENT THE CITY OF FoR, WORTH * 420 SOUTH F ,L,aEW 8'°4 II y SlUYV[E 22, 0 FORT WORTH, ltiY ..7 761'15-1499 '• a•', t 7 871-PARK * FAX (817) 871-5724 C)Pr nt (I on recyclecl Paper of Fort Worth, j exas C /007 Allot 0,, 0 0 ou"Col L,OGI NAME DATE REFERENCE NUMBE,R PAGE 2/2/99 i .Lool 24361 SUBJECT LEASE AGREEMENT IT TEXAS WESLEYAN UNIVERSITYFOR K SOFTBALL FIELD NUMBER 2 REQQMMENUAI QN It "s recommended that the City Council authorize the City Manager to execute a lease agreement with Texas Wesleyan Uni versity for Sycamore Park, Softball! Field Number . DIKUSSIQN; In 1994, Texas Wesleyan University U entered into a 1 1-year lease agreement with the City of Fort Worth for Sycamore Park Baseball Field, Number 1. During the term of the agreement, TWU has made improvements t this field,, serves as the om fief' for its baseball tee irr ilar,leas for Sycamore Park Softball Field Number . It is recommended that the City lease Softball Field Number term of 10 years, i 1tl five-year do to raise mutual consent of bet parties. ill re rir to pay all utilities and maintenance cosh during the lease period. Subject to ritten approval from the i l e ll owed to make certain improvements to the el including e ee slo stern s fencing and storage, feeili ie . The rent would be $10.00 per year. TWU wi�ll be, permitted to sell ticket concessions and advertising. ll revenue will, be retained by TWU. By mutual consent, the leased field may be made, available for City-sponsored events e.....n toumaments without charge, schedule r i ire Sycamore Park, is located in,, COUNCIL DISTRICT 8. Ejjq,.0 L w The, Parks, and om unity Services Department is responsible for the collection of all funds, due to the City under this lease. LWOJ Sabinitted for City Manager's F =ACCOUNT =AMOUNT CITY SECRETARY ices b ly� Libby Watson 6 183 GG01 4668,35, 01801000 $101.001 APPROVED Ori,ginat'ling Department Head* CITY COUNCIL , Richard Zavala 57 (from) r,E8 Additional Information Contacts Richard Zava a 5 � �' rtWoim.Fv