HomeMy WebLinkAboutItem 07 - Faith Christian School Reciprocal LeaseMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 2
FROM: BRUNO RUMBELOW, CITY MANAGER t J�
MEETING DATE: APRIL 15, 2014
SUBJECT: RECIPROCAL LEASE AGREEMENT WITH FAITH CHRISTIAN
SCHOOL
RECOMMENDATION:
City Council consider the attached reciprocal lease agreement with Faith Christian
School.
BACKGROUND:
Faith Christian School is currently in the process of updating the school master plan to
accommodate additional school activities and students. This lease will result in an
additional 14,000 square feet added to Sunshine Harbor Park and 7,000 square feet of
City property leased to faith, resulting in a 7,000 square feet total property gain by the
City. The terms of the lease are as follows:
• Initial 25 year term with three automatic renewals at 25 years each
• Lease does not take effect until site plan is approved by the Planning and Zoning
Commission and City Council
• If constructed, public use of the Faith tennis courts when not used for school
activities
• School bus traffic will not exceed current levels (i.e. shuttling children between the
schools and bus drop off of other teams for extracurricular activities. It is the
intent of faith to build a tunnel under the railroad tracks between the campuses
that will result in a decrease of the majority of the bus traffic as it exists today.
• Appropriate recognition of Superintendent Cannon in a visible space on Faith
campus to be approved by the City.
Attached is a copy of the lease agreement and a concept plan showing how the Faith
property can be incorporated into Sunshine Harbor Park.
Staff recommends approval.
JCH
April 10, 2014 (12:51 PM)
RAPEVINE
FAITH
Christian School
February 14, 2014
City of Grapevine
200 S. Main
Grapevine, TX 76051
Attention: Mr. Bruno Rumbelow
Exists To Develop and Graduate
Authentic Christian Leaders
�� Rr•
FED ? 6 2011
RE: Sunshine Harbor Park Land Swap and Cannon Street Abandonment
Dear Mr. Rumbelow,
I, on behalf of Grapevine Faith Christian School ( "Faith "), hereby formally request that the
City of Grapevine (the "City ") approve the proposal (the "Proposal ") that I presented to you
and to the Grapevine City Council ( "Council ") in the Council's Special City Council Meeting
( "Executive Session ") on February 4, 2014. As you may recall, the Proposal involves the
following transaction:
(1) Faith will convey to the City approximately 14,000 square feet of land ( "Tract A ")
adjacent to and north of Sunshine Harbor Park ( "SH Park ") to be incorporated into
SH Park.
(2) The City will convey to Faith approximately 7,000 square feet of land adjacent to SH
Park ( "Tract B ").
(3) The City will abandon and convey to Faith the street known as Cannon Street
between Ruth Street and Austin Street.
As I mentioned in my presentation at the Executive Session, it is my sincere belief that the
proposed transaction constitutes a "win -win" for the City and Faith for several reasons. And
I hope that the City agrees with the mutually beneficial merits of the Proposal.
As always, Faith remains tremendously appreciative of the significant time and effort that
you, City staff, Mayor Tate and the members of the Council have invested and continue to
invest in Faith and the City of Grapevine.
If you need anything further from Faith, please let me know.
9 Si e
Ed Smith, Ed.D.
President
Grarpevinefttth.COM 730 E. Worth Street - Grapevine, TX 76051 •817.442.9144 . Fax 817.442.9404
J
MASTER PLAN
GRAPEVINE- FAITH CHRISTIAN SCHOOL Huckabee
- -ar- GRAPHIC SCALE
0 20 40 FEET
1"= 20'
Reciprocal Real Property Lease
1. PARTIES.
This Reciprocal Real Property Lease (the "Lease "), dated the day of ,
2014, is made between Grapevine Faith Christian School ( "Faith "), and the City of Grapevine
( "City ")(collectively referred to as the "parties "). In consideration for the benefits, terms, and
conditions contained herein, the receipt and sufficiency are hereby affirmed, the parties agree as
follows.
2. LEASE OF PREMISES.
(a) The City is the owner of an approximately 7,000 square foot parcel as part of
Sunshine Harbor Park and as shown on Exhibit "A" (the "City Tract ").
(b) Faith is the owner of an approximately 14,000 square foot parcel adjacent to
Sunshine Harbor Park and Faith's main campus, and as shown on Exhibit "A" (the
"Faith Tract ").
(c) The City and Faith wish to enter into this Lease whereby the City leases the Faith
Tract and Faith leases the City Tract on a mutually reciprocal basis.
(d) This Lease is subject to the terms, covenants and conditions herein set forth and
each party covenants as a material part of the consideration for this Lease to keep and
perform each and all of its terms, covenants and conditions.
(e) Term- This Lease shall commence on the date upon which Faith's pending zoning
application is approved by the City and shall continue for twenty -five (25) years. The
Lease shall automatically renew for up to three (3) additional twenty -five (25) year
terms unless otherwise terminated as provided for herein.
(f) Faith's use of the City Tract shall be limited to open space, park, recreational uses
and /or parking use.
(g) Faith agrees to install a tasteful and appropriate recognition for Superintendent
Cannon on the Faith campus.
(h) Faith agrees to allow public use of any tennis courts if Faith constructs any such
tennis courts on the City Tract when any such tennis courts are not in use for Faith
activities.
(i) Bus traffic for Faith between Faith's campuses on Dallas Road and Worth Street
shall not increase beyond the current levels of such bus traffic between Faith's
campuses on Dallas Road and Worth Street.
(j) Faith shall submit any proposed plans for vertical improvements on the City Tract
to the City for review and approval prior to constructing such improvements on the
City Tract, and the City shall approve or disapprove the plans within ten (10) business
days of receipt of the plans, which approval may not be unreasonably withheld. No
approval of plans and specifications by the City shall be construed as representing or
implying that improvements built in accordance therewith shall be free of defects.
Any such approvals shall in no event be construed as representing or guaranteeing
that any improvements built in accordance therewith will be designed or built in a
good and workmanlike manner. Neither the City nor its elected or appointed
officials, officers, employees, contractors, attorneys, and /or agents shall be
responsible or liable in damages or otherwise to anyone submitting plans and
specifications for approval by the City for any defects in any plans or specifications
submitted, revised, or approved, any loss or damages to any person arising out of
approval or disapproval or failure to approve or disapprove any plans or
specifications, any loss or damage arising from the noncompliance of such plans or
specifications with any governmental ordinance or regulation, nor any defects in
construction undertaken pursuant to such plans and specifications. Faith agrees that
all work conducted and improvements constructed or installed by Faith on the City
Tract will be done in a good and workmanlike manner and maintained in good
condition. Faith further agrees that it will remove, at the City's option, any
improvements or other Faith property which is located within or on the City Tract
within thirty (30) days of when this Lease expires.
(k) The City's use of the Faith Tract shall be limited to open space, park, and
recreational uses.
(1) The City shall submit any proposed plans for vertical improvements on the Faith
Tract to Faith for review and approval prior to constructing such improvements on the
Faith Tract, and Faith shall approve or disapprove the plans within ten (10) business
days of receipt of the plans, which approval may not be unreasonably withheld. No
approval of plans and specifications by the Faith shall be construed as representing or
implying that improvements built in accordance therewith shall be free of defects.
Any such approvals shall in no event be construed as representing or guaranteeing
that any improvements built in accordance therewith will be designed or built in a
good and workmanlike manner. Neither Faith nor its elected or appointed officials,
officers, employees, contractors, attorneys, and/or agents shall be responsible or liable
in damages or otherwise to anyone submitting plans and specifications for approval
by the Faith for any defects in any plans or specifications submitted, revised, or
approved, any loss or damages to any person arising out of approval or disapproval or
failure to approve or disapprove any plans or specifications, any loss or damage
arising from the noncompliance of such plans or specifications with any
governmental ordinance or regulation, nor any defects in construction undertaken
pursuant to such plans and specifications. The City agrees that all work conducted
and improvements constructed or installed by the City on the Faith Tract will be
done in a good and workmanlike manner and maintained in good condition. The
City further agrees that it will remove, at Faith's option, any improvements or other
City property which is located within or on the Faith Tract within thirty (30) days of
when this Lease expires.
(m) Faith and the City each agree that their respective Lease tracts will be insured in the
same manner as their owned property- in the City's case Sunshine Harbor Park and in
Faith's the Grapevine Faith Christian School main campus.
(n) Both the City and Faith agree to accept their respective Lease parcels in their
present condition. The parties agree to obey all laws, ordinances, orders, and rules and
regulations applicable to the use, condition, and occupancy of the City and Faith Tracts.
(o) To the extent allowed by law, the City shall save, indemnify, defend and hold
harmless Faith, its elected or appointed officials, officers, agents, attorneys, contractors
and employees (the "Indemnified Parties ") from and against any and all loss, claim,
causes of action, including any loss or claim of loss for bodily injury or death, including
attorney's fees and all costs associated with litigation, of any nature whatsoever,
whether foreseen or unforeseen, arising directly or indirectly out of the activities of the
City or its invitees, guests or licensees on or around (including the use of) the Faith
Tract during the term of this Lease. This indemnification is solely for the benefit of the
parties and nothing herein shall serve to waive the applicable immunity of the City or
Faith.
(p) To the extent allowed by law, Faith shall save, indemnify, defend and hold harmless
the City, its elected or appointed officials, officers, agents, attorneys, contractors and
employees (the "Indemnified Parties ") from and against any and all loss, claim, causes
of action, including any loss or claim of loss for bodily injury or death, including
attorney's fees and all costs associated with litigation, of any nature whatsoever,
whether foreseen or unforeseen, arising directly or indirectly out of the activities of
Faith or its invitees, guests or licensees on or around (including the use of) the City
Tract during the term of this Lease. This indemnification is solely for the benefit of the
parties and nothing herein shall serve to waive the applicable immunity of the City or
Faith.
(q) The parties agree to not create or permit a nuisance on either the City or Faith Tract.
3. Termination. Either party hereto may terminate this Lease by providing at least one (1)
year prior notice of their intent to do so in writing. In the event such notice is issued, the parties
agree to meet in person to discuss the arrangements for such termination within thirty (30) days
of such notice. In addition, the parties may otherwise terminate this Lease upon the mutual
agreement of the parties.
4. Notices. Any notice, consent, approval, or other communication which is provided for or
required by this Lease must be in writing and may be delivered in person to any party or may be
sent by Federal Express or other reputable courier service regularly providing evidence of
delivery, or registered or certified U.S. mail, with postage prepaid, return receipt requested (with
charges paid by the party sending the notice), or may be sent by facsimile or email transmission.
Any such notice or other written communications shall be deemed received by the party to
whom it is sent (i) in the case of personal delivery, on the date of delivery to the party to whom
such notice is addressed as evidenced by a written receipt signed on behalf of such party, (ii) in
the case of courier delivery, the date receipt is acknowledged by the party to whom such notice is
addressed as evidenced by a written receipt signed on behalf of such party, (iii) in the case of
registered or certified mail, the earlier of the date receipt is acknowledged on the return receipt
for such notice or five (5) business days after the date of posting by the United States Post
Office, and (iv) in the case of facsimile shall be deemed effectively given or received on the day
of such electronic transmission of such notice or other communication and confirmation of such
transmission if transmitted and confirmed prior to 6:00 p.m. local Dallas, Texas time on a
Business Day and otherwise shall be deemed effectively given or received on the first Business
Day after the day of transmission of such notice and confirmation of such transmission provided
that a copy of any such notice is sent (but not necessarily delivered) the same day as such
facsimile transmission as provided above in this section. For purposes of notices, the addresses
of the parties hereto shall be as follows, which addresses may be changed at any time by written
notice given in accordance with this provision:
To the City: City of Grapevine
200 S. Main Street
Grapevine, Texas 76051
Attention: City Manager
Telephone: (817)410 -3105
Facsimile: (817)410 -3002
With a copy to: Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
Attention: Matthew C. G. Boyle, Esq.
Telephone: (972) 650 -7104
Facsimile: (972) 650 -7105
mboyle @ boyle - lowry.com
To Faith:
Attention:
Telephone:
Facsimile:
With a copy to: Attention:
Telephone:
Facsimile:
Notice of change of address shall be given by written notice in the manner detailed in this
Section; provided, however, that no notice of a change of address shall be effective until actual
receipt of such notice. Copies of notices are for informational purposes only, and a failure to
give or receive copies of any notice shall be deemed a failure to give notice. Rejection or other
refusal to accept or the inability to deliver because of changed address of which no notice was
given shall be deemed to constitute receipt of the notice, demand, request or communication
sent.
5. Miscellaneous.
(a)This Agreement shall be governed in accordance with the laws of the State of Texas,
and the laws of such State shall govern the validity, construction, enforcement, and interpretation
of this Lease, unless otherwise specified herein. This Lease shall be enforceable exclusively in
Tarrant County Texas.
(b) This Lease embodies the entire agreement between the parties and supersedes all prior
agreements and understandings, if any, relating to the Property, and may be amended or
supplemented only by an instrument in writing executed by the party against whom enforcement
is sought.
(c) This Lease may not be assigned without the express written consent of the other party.
(d) The section headings in this Agreement are for convenience only, shall in no way
define or limit the scope or content of this Agreement, and shall not be considered in any
construction or interpretation of this Agreement or any part hereof.
CITY OF GRAPEVINE
Bruno Rumbelow
City Manager
ATTEST:
Jodi Brown, City Secretary
29 3K• • ._u
City Attorney
Grapevine Faith Christian School
Name
Title
X41 a 03 117.1 T4 1 A lug
The State of Texas
County of Tarrant
Before me, the undersigned, on this day personally appeared
of Grapevine Faith Christian School, proved
to me through the presentation of a valid Texas Driver =s License to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he /she executed the same
for the purposes and consideration therein expressed. Mr. /Ms. furthermore attested
that he /she is signing this in his/her capacity as of Grapevine Faith
Christian School, and that such capacity makes his signature valid to bind Grapevine Faith
Christian School.
Seal:
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,
2014.
My Commission Expires:
Notary Public in and for the State of Texas
Sunshine Harbor Park 6)<0 (6 (-T q