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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