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HomeMy WebLinkAboutItem 08 - Parking Lease Agreements MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER ��- MEETING DATE: DECEMBER 16, 2008 SUBJECT: PARKING LOT LEASE AGREEMENTS RECOMMENDATION: City Council consider approving Parking Lot Lease Agreements with Gregory Investments and the First United Methodist Church (FUMC) for parking lots at the corner of Barton Street & Worth Street and on Ball Street south of the Mitchell House, authorize the City Manager to execute said agreements, and take any necessary action. FUNDING SOURCE: Funds are available in: CVB Festival Account Fund Balance Gregory Lot Quality of Life Account # 121-48899-312-09-000002 FUMC Lot FUMC Funds FUMC Lot BACKGROUND: The proposed parking lot in the northwest corner of Worth Street and Barton Street will be on property owned by Izak and Joe Gregory. The lot will provide approximately 46 spaces and will be available for City use during festivals in the downtown area. The proposed parking lot on Ball Street will be constructed on FUMC owned property immediately south of the Mitchell House and will provide approximately 127 spaces. The lot will be open to the public in support of the Heritage Park, the Botanical Gardens, the Mitchell House and Nash Farms and will be available to the City for use during festivals. The church will have the right to use the parking lot for religious holidays such as Christmas and Good Friday and on Sundays. The church is providing $100,000 in funds for the construction of the lot. Public Works Staff will construct the two lots. Staff recommends approval. December 10,2008(10:13AM) STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE GROUND LEASE WHEREAS, the City of Grapevine, hereinafter referred to as Lessee, a home rule city situated in Tarrant County, Texas is in need of space for festival and event activities. WHEREAS, Gregory Investments Grapevine, hereinafter referred to as Lessor, is the owner of a tract of land situated at the intersection of Barton Street and West Worth Street and which tract is depicted in Exhibit "A", which is attached hereto and incorporated herein, and is agreeable to entering into a lease agreement with the City of Grapevine. NOW, THERFORE, Lessor does hereby for and in consideration of the rents, covenants and promises herein contained to be kept, performed and observed by Lessee does hereby lease and demise to Lessee and Lessee does hereby rent and accept from Lessor, all that lot tract and parcel depicted in Exhibit "A". I. TERM The term of this Agreement shall be for a (10) year period beginning January 1, 2009 and be renewable in (10) year increments if mutually agreed upon. II. RENT Lessee shall not be obligated to pay an annual or monthly rental on said property. III. LEASEHOLD IMPROVEMENTS Lessee agrees to improve and maintain the parking lot during the term of the lease pursuant to plans approved by Lessor and Lessee. O:\stan\Lease Documents\Parking Lot Lease Documents\Gregory Lease 2008 The improvements shall be as follows: Paving of parking lot, delineation of parking spaces according to plans. IV. PUBLIC CONVENIENCE During the term of the lease the property shall be open and available for city use and festival use during Main Street Days Festival, GrapeFest, and any publicly advertised city-wide events. The lot will be open and available for public parking during the day up to the time that the restaurant located at 342 South Main Street opens for business in the evening. The property may be exclusively reserved for the patrons of the restaurant located at 432 South Main Street during the evening hours. V. MAINTENANCE OF PROPERTY Lessee agrees to maintain the property during the term of the contract. Maintenance shall include repair and striping of the property. VI. INSURANCE Lessee agrees to provide General Liability Premises and Operations Amok insurance coverage for Lessee's operations during contract period, naming Lessor as Co-Insured for all claims or incidents occurring on the property during the time that Lessee is using the parking lot for festival and event activities. VII. TERMINATION At such time as this property no longer functions as a parking lot this lease shall be terminated. Either party may terminate the lease upon expiration of the contract term. Termination of the contract shall release Lessor and lessee from the terms and agreements contained in the contract. VIII. LOCATION This contract is performable in Grapevine, Tarrant County, Texas and is subject to all applicable Texas law. O:\stanlLease Documents\Parking Lot Lease Documents\Gregory Lease 2008 Executed this day of , 2008. CITY OF GRAPEVINE GREGORY INVESTMENTS Bruno Rumbelow, City Manager Izak Gregory, Property Owner Joe Gregory, Property Owner APPROVED AS TO FORM: John F. Boyle, Jr., City Attorney O:\stan\Lease Documents\Parking Lot Lease Documents\Gregory Lease 2008 *6' .„ , , „„,„ 4., ,,,: ® `� NO ± èW8 ,- II /IA F la 4 '13 ; W° 0. I X__ f til ia... p _ JNIAVd 1lVHdSV—ffff cl 0 ONIlSIXJ If°, ..."IN / cr .,..v.%,... ,.:4'f',-.„,„,-ifik-' ' _ —7: , ',4" :,„„,,„, ;,,,4,'4'4:'''",`'., - ''''''''''`,,:,-1;,'" '--- .--- — - --+1+- - -.„,,.,,,**,','",:`,„,,,,,,..,1% `i',..':',.,,*..., .14::,:e4 lf '''' ' *:l',t" '''''''t.''.:-..;ii:';.'Z% ';-..1%,"'-",*t'-'7'.'"'!4f' , '1°-t' ' ''',-;'-'' .*e'''!'''''',.'"' ' ' r*. 7 F.-- f * k rn a „........„ , ik ......,,,,„„.„, „, ,,, ..,....„„..,,. , _,, ,,, ..., 1:;., 4-141, 11W ilk, H-� y . �f v w!+ �g, _ te �v ' ” . �a� �om' is?L , ,,.,„, ,. .n arfi y x *€ 1 s��, 44:- 0.47:-6,-i* 4 axe*; � : ` r '" fs ii ti fi d q S.wS t m # 3 * 4 ' ,E.' MS" :.,4:x ' * `'' STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE GROUND LEASE WHEREAS, the City of Grapevine, hereinafter referred to as Lessee, a home rule city situated in Tarrant County, Texas and the First United Methodist Church of Grapevine, hereinafter referred to as Lessor desire to enter into a (20) year lease agreement of property described in attached Exhibit 'A' located adjacent to Ball Street. NOW, THEREFORE, Lessor does hereby for and in consideration of the rents, covenants and promises herein contained to be kept, performed and observed by Lessee does hereby lease and demise to Lessee and Lessee does hereby rent and accept from Lessor a portion of Parcels 10J3 & 10M of the A. Foster Survey, Abstract 518, conveyed by Gift Warranty Deed to Lessor dated March 18, 1999, recorded in the Deed Records, Tarrant County, Texas, Instrument # D199068591 and depicted in Exhibit 'A'. I. TERM Term of lease is for twenty (20) years beginning on the 1st day of January, 2009 and ending on the 31st day of December, 2028 subject, however, to earlier termination as hereinafter provided. At the end of the contract term, this contract shall be renewable upon mutually agreed upon terms for a period of ten years. II. RENT Lessee shall not be obligated to pay an annual or monthly rental on said property so long as it remains tax exempt. Should it become taxable, Lessee shall pay annual rent in an amount equal to the taxes. III. LEASEHOLD IMPROVEMENTS Lessee agrees to construct a parking lot and improvements during the initial twenty (20) year term. Lessee agrees to maintain the parking lot during the term of the lease to a standard that satisfies all City ordinances and requirements. Lesssor agrees to provide $ 100,000 in funds for the construction of the parking lot and improvements. Lessee agrees to provide the remaining funds necessary for the construction and maintenance of the parking lot and improvements. The improvements to be placed on the subject property are as follows: construction and paving of parking lot, installation of landscaping, installation of lighting for the parking lot, and striping of the parking spaces according to plans, attached hereto and incorporated herein as Exhibit 'B'. O:\STAN\Lease Documents\Parking Lot Lease Documents\FUMC Lease 2008.doc IV. PUBLIC CONVENIENCE During the term of the lease the property shall be open and available for public parking to visitors of Heritage Park, the Botanic Gardens and Nash Farms. The property shall also be available for city use during city sponsored festivals including, but not limited to Main Street Days and GrapeFest, and any publicly advertised city- wide event. The Lessor shall have the right to exclusive use of the property during Sundays and the other religious occasions, including, but not limited to, Good Friday, and Christmas Day. V. MAINTENANCE OF PROPERTY Lessee agrees to maintain the property during the term of the contract. Maintenance shall include sweeping, re-surfacing, and striping of the property. Maintenance of lighting will be the responsibility of the Lessee. VI. INSURANCE Lessee agrees to provide insurance naming Lessor as co-insured for all claims of incidents occurring on the property. VII. TERMINATION Either party may terminate this lease upon expiration of the contract term or upon thirty (30) days written notice. Termination of the contract shall release Lessor and Lessee from the terms and agreements contained in the contract. VIII. LOCATION This contract is performable in Grapevine, Tarrant County, Texas and is subject to all applicable Texas law. Executed this day of , 2008. CITY OF GRAPEVINE FIRST UNITED METHODIST CHURCH OF GRAPEVINE Bruno Rumbelow, City Manager Chairman, Board of Trustees O:\STAN\Lease Documents\Parking Lot Lease Documents\FUMC Lease 2008.doc APPROVED AS TO FORM: John F Boyle, City Attorney Vice Chairman, Board of Trustees ATTEST: Linda Huff, City Secretary Secretary, Board of Trustees O:\STAN\Lease Documents\Parking Lot Lease Documents\FUMC Lease 2008.doc Nt 1v..:. Exhibit `A' < t �: SUNSET Showing a 4:65.'Acre tract of land h' situated in the • .e'•,..,:ry r' . f -1:4' ' Heirs of=A Foster-Surey, Abstract No 5 18, ry Tracts1 QJ3 ' OM r ;, � a ,.4 , ,N t''Tr -�o � ' '1°'',,+, f } G arrantCty Texas . , ' .,- ;a 4' t FD :;''';',.-1,‘, , ; '1 r x., t r , \ e Kc. : t i .i i J 4 � rt� vrx . $� 4, ,r °" 4. ,F _ y t Yt �L 4 � ' ( ..';E ( Ms- spa ; • r / N. , :-,l •- ,,.'Wt ,, �, t F+,,A (4L. s•:- : a- .,1% *4 r , ai. Si \ I..' t 4,"E , 4. ;; ,,, ,• . 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