M&C Review


COUNCIL ACTION:  Approved on 12/13/2016 

DATE: 12/13/2016 REFERENCE NO.: L-15981 LOG NAME: 21LEASE W/OPTION TO PURCHASE 5817 AND 5901 BOCA RATON BLVD
CODE: L TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:  

Authorize the Execution of a Ground Lease with Option to Purchase Agreement with TCSF16-D E Fort Worth K8, LLC, for the Property Located at 5817 and 5901 Boca Raton Boulevard for the Purpose of Constructing and Operating a Charter School (COUNCIL DISTRICT 4)


RECOMMENDATION:

It is recommended that the City Council:

1.  Authorize the execution of a Ground Lease with Option to Purchase Agreement with TCSF16-D E Fort Worth K8, LLC, for the property being all of Lot 1, Block 1, Spanish Oaks Addition, and Lot 1, Block 14A, Woodhaven Country Club Estates, Fort Worth, Tarrant County, Texas, located at 5817 and 5901 Boca Raton Boulevard, respectively, for the purpose of constructing and operating a charter school.

2.  Authorize the City Manager or his designee to execute the appropriate documents concerning the Ground Lease with Option to Purchase Agreement.

 
DISCUSSION:

On October 12, 2016, the Mayor and City Council received an Informal Report relative to the City's intent to lease with the option to sell the City-owned properties located at 5817 and 5901 Boca Raton Boulevard to Athlos, LP, for the purpose of developing an International Leadership of Texas Charter School.  A Ground Lease with Option to Purchase Agreement (Agreement) with TCSF16-D E Fort Worth K8, LLC (the specific entity created by Athlos for this project) is being proposed to ensure the property is developed with the education facility prior to allowing the sale of the properties to Athlos.

Under the terms of the proposed Agreement, Athlos would be granted the option to the purchase the property any time after the issuance of a Certificate of Occupancy.  The purchase price of $1,175,000.00 is fixed during for the first five years of the Agreement and is based on a recent fair market value appraisal of the property; thereafter, the purchase price would increase two percent annually.  During the initial 24-month term of the Agreement, rent in the amount of $5,875 per month would be deferred and collected in years three through five in addition to the base rent obligation.  The term of the Agreement is 30 years with two 10-year renewal options.  The annual base rent of $70,500.00 will be increased two percent every five years during the term of the Agreement.  The lease will be subordinate to construction financing, with sufficient lease guarantees.  

The properties are located in COUNCIL DISTRICT 4.

 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that the Property Management Department is responsible for the collection of future lease revenue and for funds received from the sale of the property at closing.




TO
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

FROM
    Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount

Submitted for City Manager's Office by:
Jay Chapa (5804)
Originating Department Head:
Steve Cooke (5118)
Additional Information Contact:
Roger Venables (6334)

 
 
ATTACHMENTS
  Athlos Form 1295.pdf
  MC MAP for BOCA RATON.pdf