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HomeMy WebLinkAboutContract 48906 CITY SECRETARY CONTRACT NO, LICENSE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY // This License Agreement ("Agreement") is entered into this L i day of 2017 ("Effective Date")by and between the City of Fort Worth,Texas,a home-rule municipal corporation of the State of Texas("City"), and the Fort Worth Transportation Authority("FWTA"). WHEREAS, City owns a certain piece of property located at 1301 E.Northside Drive,Fort Worth, Texas, 76102 ("Property"); and WHEREAS, FWTA has requested, and the City agrees to grant to FWTA, the use of the Property in accordance with the terms and conditions of this Agreement. WITNESSETH: 1. Premises. (a) City hereby grants FWTA the non-exclusive license for its contractors to use the Property (as specified in Exhibit "A") for a construction lay down site, including, but not limited to, construction staging and storage of materials and equipment as part of the TEX Rail project. In addition,FWTA's contractors shall be permitted to clear,grade,fence,and secure the Property against entry by others and to install and use for fuel storage above-ground fuel-storage tanks in strict accordance with all applicable laws,rules,regulations,and decrees pertaining to above- ground fuel storage facilities. (b) Prior to use, FWTA and/or its contractors must supply to the City for approval a list of all equipment and/or materials to be stored on the Property. (c) Except for stored fuel, under no circumstances during the Agreement will FWTA and/or its contractors use or cause to be used on the Property any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Property. 2. Condition of Lot. FWTA and/or its contractors taking possession of the Property shall be conclusive evidence that(a)the Property is suitable for the purposes and uses for which same are licensed; and (b) waives any and all defects in and to the Property, its appurtenances, and in all the appurtenances thereto. Further, FWTA and/or its contractors, through FWTA, take the Property and all appurtenances in "AS IS" condition without warranty, expressed or implied, on the part of City. City shall not be liable to FWTA or FWTA's contractors, agents, employees, invitees, licensees, or guests for any damage to any person or property due to the Property or any part of any appurtenance thereof being improperly constructed or being or becoming in disrepair. 3. Term. Subject to the earlier termination as hereinafter set forth, this Agreement shall be for a term ("License Term")of 30 months, commencing on the Effective Date and expiring 30 months from the Effective Date. 4. Renewal. This Agreement may be renewed for (2) two additional (1) one year terms upon FWTA's 30 days written notice prior to expiration date of term and written agreement between the City and FWTA to renew the Agreement. OFFICIAL RECORD -t- CITY SECRETARY License Agreement between City of Foil Worth and the Fort Worth Transportation Authority— M 01*4 jc r. 0. r 5. License Fees,Public Purpose.In consideration of use of the Property for a construction staging and storage site in support of the TEX Rail project which serves to carry out the public purpose of expanding transportation options for citizens of Fort Worth by providing commuter rail within the City, the City authorizes a waiver of license fees. To ensure the public purpose is being carried out, FWTA agrees to provide a quarterly project update report, as described in Exhibit "B," to the Director of the Property Management Department or that person's designee. 6. No Services. City shall not furnish FWTA or its contractors with any utilities, cleaning, lighting, security, or any other items or services for the Property. All operating costs of Property shall be FWTA's or its contractor's sole cost and expense. If FWTA or its contractors want or need any utilities, cleaning,lighting,security,or any other items or services while occupying the Property,then FWTA and/or its contractors shall first obtain permission, any required permits and approval from the City to contract, add or install any of the above items and will be responsible for providing same at FWTA's and/or its contractor's sole cost. 7. Alterations, Additions, Improvements, and Approval of Plans. FWTA and its contractors shall make no alterations, additions or improvements to the Property prior to submitting all plans, scope of work, specifications, estimates for the costs of the proposed work in writing, copies of all required permits obtained and receive in writing approval from the City, or its designated representative ("City's Representative"). FWTA's and/or its contractor's plans for construction for alterations, additions and improvements shall conform in all material respects to the architectural and engineering standards and conform to all federal, state and local laws, ordinances, rules and regulations in force at the time that the plans are presented for review. City and/or City's Representative reserves the right to inspect all work pursuant to its usual construction inspection procedures. FWTA shall provide a video of the existing property condition to Property Management Department, Lease Section, prior to start of alterations, additions or improvements to the Propegy and upon completion of use of the property or termination of use, a video of the property condition for approval by the City that the property is restored to acceptable conditions. FWTA is required to return the property to the City at the termination and/or expiration of this Agreement to a condition acceptable to the City. The City reserves the right to conduct an inspection of the Property prior to termination and/or expiration of this Agreement to determine if the Property is in acceptable condition.Any additional alterations,repairs,etc.required to bring the Property to an acceptable condition by the City is at the cost of FWTA.Any of City's Property adjacent to the Property that is damaged during the course of performing any alterations, additions and improvements shall be repaired by FWTA and/or its contractors and returned to its previous condition or better, at FWTA's and/or its contractors 's sole cost and expense. 8. Indemnity. (a)TO THE EXTENT ALLOWED BY LAW,FWTA AND ITS CONTRACTOR SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS CITY, CITY'S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE PROPERTY BY FWTA AND ITS CONTRACTOR, ITS EMPLOYEES,PATRONS,AGENTS, INVITEES,LICENSEES AND ANY OTHER PARTY OR(2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OR ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF FWTA, ITS CONTRACTOR OR ANY INVITEE, PATRON, LICENSEE, EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF FWTA, ITS CONTRACTOR, OR -2- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority— 1301 E.Northside ANYONE WHO CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF FWTA OR ITS CONTRACTOR UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO THE CONCURRENT OR PARTIAL NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH FWTA'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES ARISING OUT OF OR RESULTING SOLELY FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE.IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, FWTA, ON NOTICE FROM CITY, SHALL,TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEFEND SUCH ACTION OR PROCEEDING, AT FWTA'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF FWTA AND/OR ITS CONTRACTOR WITH RESPECT TO THE USE AND OCCUPANCY OF THE PROPERTY, WHETHER OCCURRING BEFORE OR AFTER THE EFFECTIVE DATE OF THE LICENSE TERM AND BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT.THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. (b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. (c) FWTA SHALL INCLUDE IN ITS CONTRACT WITH ITS CONTRACTORS AN INDEMNITY PROVISION IN FAVOR OF THE CITY TO THE SAME EXTENT CONTAINED IN THIS AGREEMENT. 9. Waiver of Liability.NO INDEMNITEE SHALL BE LIABLE IN ANY MANNER TO FWTA, ITS CONTRACTORS, ITS AGENTS, EMPLOYEES, PATRONS, CONTRACTORS, OR ANY OTHER PARTY IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM, FOR ANY INJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF AN INDEMNITEE. IN NO EVENT SHALL ANY INDEMNITEE BE LIABLE IN ANY MANNER TO FWTA, ITS CONTRACTORS OR ANY OTHER PARTY AS THE RESULT OF THE ACTS OR OMISSIONS OF FWTA, ITS CONTRACTOR, ITS AGENTS,EMPLOYEES,CONTRACTORS,OR ANY OTHER PARTY, IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM. ALL VEHICLES AND ALL PERSONAL PROPERTY WITHIN VEHICLES USING THE PROPERTY, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE SHALL BE AT THE RISK OF FWTA AND ITS CONTRACTOR ONLY, AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF FWTA,ITS CONTRACTOR,ITS EMPLOYEES,AGENTS,PATRONS,INVITEE,OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF CITY OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY,THEFT OR ANY OTHER CAUSE OF WHATSOEVER NATURE,EVEN IF DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. -3- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—1301 E.Northside 10. Insurance. FWTA shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the Property. FWTA shall obtain the following insurance coverage at the limits specified herein: x Commercial General Liability: $1,000,000 per occurrence (including Products and Completed Operations); In addition, during the term of this Agreement,FWTA shall be responsible for all insurance to any approved construction, improvements, modifications or renovations on or to the Property and for personal property of FWTA and its contractors, or in FWTA's or its contractor's care, custody or control. Insurance requirements, including additional types and limits of coverage and increased limits on existing coverages, are subject to change at City's option, and FWTA will accordingly comply with such new requirements within thirty(30)days following notice to FWTA. FWTA SHALL INCLUDE IN ITS CONTRACT WITH ITS CONTRACTORS THE INSURANCE REQUIREMENTS TO THE SAME EXTENT CONTAINED IN THIS AGREEMENT AND NAMING THE CITY AS AN ADDITIONAL INSURED.THE CITY IN ITS SOLE DISCRETION MAY REQUIRE FWTA TO CONTRACT WITH ITS CONTRACTORS TO PROVIDE GREATER OR DIFFERENT INSURANCE THAN PROVIDED IN THIS AGREEMENT, AND FWTA AND ITS CONTRACTORS MUST COMPLY WITH SUCH REQUIREMENTS WITHIN THIRTY (30) DAYS FOLLOWING NOTICE TO FWTA. As a condition precedent to the effectiveness of this Agreement, FWTA and its contractors shall furnish City with a certificate of insurance signed by the underwriter as proof that it has obtained the types and amounts of insurance coverage required herein.FWTA and its contractors shall not less than thirty(30) days prior to the expiration of any insurance policy required hereunder,provide City with a new or renewal certificate of insurance.In addition,FWTA and its contractors shall,on demand,provide City with evidence that it has maintained such coverage in full force and effect. FWTA and its contractors shall maintain its insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to City. The policy or policies of insurance shall be endorsed to cover all of FWTA's and its contractor 's operations on the Property and to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior written notice to City. 11. Abandoned Property. FWTA's and its contractor's personal property not promptly removed by FWTA or its contractors from the Property at the termination of this Agreement, whether termination shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been abandoned by FWTA and its contractors to City. Fixtures attached to the Property become the property of the City, if not removed as required herein. 12. Assignment and Subletting. FWTA shall not assign this Agreement, or any right of FWTA under this Agreement,or sublet the Property,for consideration or no consideration,whether voluntarily,by operation of law, or otherwise, without City approval, and any attempt to do so shall be void, and any such attempt shall cause immediate termination of this Agreement. 13. Damage to Lot or Property of City. If, at any time during the License Term, by the acts or omissions of FWTA or its contractors, its employees, patrons, agents, invitees, or licensees, the Property, or any property therein is damaged or destroyed, FWTA shall be obligated to pay, on demand, all costs to repair same together. If FWTA and/or its contractors expose, spill or dispose of any fuel,hazardous and/or toxic materials or substances to or on the Property, FWTA is responsible to have the Property thoroughly -4- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority— 1301 E.Northside cleaned and tested to ensure the Property cleanup has been completed per the Texas Commission of Environmental Quality and the Fort Worth Environmental Department standards. 14. Repairs and Maintenance. City has no obligation to make repairs of any sort to the Property, City's sole obligation hereunder being to make the Property available to FWTA in accordance with and subject to the covenants, restrictions and limitations set forth herein. FWTA and its contractors shall, at its expense, use and maintain the Property in a neat, clean, careful, safe, and proper manner and comply with all applicable laws, ordinances, orders, rules, and regulations of all governmental bodies (state, county, federal,and municipal).At the termination of this Agreement,whether by lapse of time or otherwise,FWTA and its contractors shall deliver the Property to City in as good a condition as the same was as of the date of the taking of possession thereof by FWTA,ordinary wear and tear only excepted.Only those improvements authorized by City under Section 7 of this Agreement shall remain upon any expiration or termination of this Agreement. 15. Severability. If any clause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the License Term, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the City, essential to the rights of both parties, in which event City has the right, but not the obligation, to terminate the Agreement on written notice to FWTA. 16. Default and Termination. (a) FWTA's Default. If FWTA or its contractors shall fail to perform or observe any of its obligations hereunder then City may terminate this Agreement by giving FWTA written notice thereof, in which event this Agreement and all interest of FWTA hereunder shall automatically terminate. Such rights of City in the case of a default by FWTA hereunder are not exclusive, but are cumulative of all other rights City may have hereunder,at law or in equity;and any one or more of such rights may be exercised separately or concurrently to the extent provided by law.However,notwithstanding the foregoing,City shall terminate FWTA's rights under this Agreement only in the event of a default by FWTA hereunder. (b) City's Default. Should City commit a default under this Agreement (including but not limited to City's failure to make the Property available),FWTA may,as its sole remedy hereunder,terminate this Agreement, and FWTA hereby waives any and all other remedies for any such default by City. (c)Termination for Convenience.Either party may terminate this Agreement with sixty(60)days' written notice to the other party. 17. Notice. Any notice hereunder must be in writing. Notice deposited in the United States mail, properly addressed, postage paid, shall be effective-upon deposit.Notice given in any other manner herein shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall,unless changed as hereinafter provided,be as follows: To City: To FWTA: City of Fort Worth Fort Worth Transportation Authority Lease Management,Property Management 801 Cherry Street,Suite 850 Department Fort Worth,TX 76102-6720 900 Monroe, Suite 400 Attn: Paul J. Ballard,President/CEO Fort Worth,TX 76102 With copies to: City of Fort Worth -5- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority— 1301 E.Northside Assistant City Manager over Property Management 200 Texas St. Fort Worth,TX 76102 And City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 The parties hereto shall have the continuing right to change their respective address by giving at least ten(10)days' notice to the other party. 18. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of Fort Worth, City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of FWTA involving transactions relating to this Agreement at no additional cost to the City. FWTA agrees that the City shall have access during normal working hours to all necessary FWTA facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give FWTA not less than ten(10)days written notice of any intended audits. FWTA further agrees to include in all its contractor and subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.City shall give subcontractor not less than ten(10)days written notice of any intended audits. 19. Entire Agreement. This Agreement constitutes the entire agreement between City and FWTA relating to the use of the Property and no prior written or oral covenants or representations relating thereto not set forth herein shall be binding on either party hereto. 20. Amendment. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by both City and FWTA. 21. Counterparts. This License may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same document. 22. Governmental Powers. It is understood and agreed that by execution of this Agreement, neither the City nor FWTA waives or surrender any of their respective governmental powers or immunities. 23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. -6- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—1301 E.Northside In witness whereof, the parties hereto have caused this Agreement to be executed as the day and year first above set forth. CITY: By: Jesus J. Chapa Assistant City Manager Date: ,7-dd -/ CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance an porting requirements. Name: Title: APPROVED TO FORM AND LEGALITY: By: idsica igsvang Assistant City Attorney II ATTEST: U, 0 By: Mary Kayser City Secretary ,..... Form 1295: Not Applicable Contract Authorization: M&C: L-15984 Date: January 24,2017 FORT WORTH TRANSPORTATION AUTHORITY: By: Name: Pau allar OFFICIAL RECORD Title: President/CECITY SECRETARY FT.WORTH,TX -7- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—1301 E.Northside Exhibit"A" \\. LOT 1.DCK 1 _ Tor AUIDDITION CC/n:110:1T01 .'�I 1' nD.t.ar' EDMUND LE SURVEY STRACT No.959 *� \ SIPWIN�ULPOD g' S 01'33'46"g 423.!2' S Zfi%92 0,.E ; q . pp4 PRY AIC�IMV 4.1 14 L o Lri S 35"02'10'E '•c4 •.'•�'% TEMPORARY STAOINO AREA 105.16'"' � "5'z a H v.CT»wm co -C p rJ 10.384 ACRES OP LAND �' o U h 10\ 400,170 SQ.FEET >+ v •\ ey fr a��ZW�7?a,a Ex•. y pIAT 1.PLO"1 F,W O•'-.7 p p PONCE VEHICLE DI POUND a w c o 4. �y ADDITION m U 4,-Z Z U H \,•1„� V� p VOLUME 000-111•PACE 06 0=23'0 '01" x u0 'rW" VVV,f \.\•• °cy. $Sh� P.R. N=518.80 . V W p 0rHER, 4=208.02' C,oCO=S 66ll'20" Noa EZ- :DF- �,+ `3 207.42, �,,.._..._u. Cl f-� a O q U3 F. \• f? = �0 _ SURVEY UNE ..�" o o zYE= r: \' PO1NT"OFA r. `��%• •` r DEGINNING C.fJiil43.d i•% FELIX G. MULLIKGi4 —C��= ` p e \ i" SUKVEYr A-1045 a `+j am x^� j /• 1F�'.(.NT \� / LOT L.BLOCK A '' • �C L Q' 1` DAUIO ADDTION a •` a! YOWHE DER-IOL,PACE LO Q7(�/y �••' 9��, P.R.T.C.T. 0 ISO• im License Agreement between City of Fort Worth and the Fort Worth Transportation Authority— 1301 E.Northside Exhibit B TEXRail Quarterly Construction Update • Current construction activities: o Estimate completion date • Next construction actions: o Estimated start date o Estimated completion date • Percent of entire project completed: o Estimated completion date for entire project Submitted by: Date: -9- License Agreement between City of Fort Worth and the Fort Worth Transportation Authority— 1301 E.Northside M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FaRr1 COUNCIL ACTION: Approved on 1/24/2017 DATE: 1/24/2017 REFERENCE **L-15984 LOG NAME: 211301 ENORTHSIDEDRIVE NO.. CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a License Agreement Between the City of Fort Worth and the Fort Worth Transportation Authority for Temporary Use of the Property Located at 1301 East Northside Drive, Fort Worth, Texas 76102 for a Construction Lay Down Site and Equipment Storage for Construction of the TEX Rail Project and Authorize a Waiver of Fees (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a License Agreement between the City of Fort Worth and the Fort Worth Transportation Authority for temporary use of the property located at 1301 East Northside Drive, Fort Worth, Texas 76102 for a construction lay down site and equipment storage for construction of the TEX Rail Project; 2. Authorize a waiver of license fees; and 3. Find that the waiver of such fees serves to carry out the public purpose of support of the TEX Rail project, which includes expanding transportation options for residents of Fort Worth and providing commuter rail within Fort Worth, and that adequate controls are in place through the Property Management Department to carry out such public purpose. DISCUSSION: Approval of this Mayor and Council Communication authorizes the City of Fort Worth (City) and the Fort Worth Transportation Authority (FWTA) to enter into a License Agreement for a term of 30 months with the option to renew the Agreement for two additional successive 12 month terms for use of the property located at 1301 East Northside Drive, Fort Worth, Texas 76102. TEX Rail is a 27- mile commuter rail project being developed by FWTA and will be the next passenger rail service coming to the City and Tarrant County. The service is projected to have more than 13,600 daily riders using nine rail stations at full build out. Ground breaking for the TEX Rail project began in August 2016, and FWTA's contractor is in need of property near the project to use as a construction lay down site and equipment storage for construction of the project. FWTA identified the City-owned property located 1301 E. Northside Drive, Fort Worth, Texas 76102 as an option. The property, formerly used as an auto pound, is currently vacant and not being used by the City. This project serves a public purpose of expanding transportation options for residents of Fort Worth and provides commuter rail within the City. Staff recommends waiving the license fee in support of the TEX Rail project. The City's Property Management Department will be responsible for evaluating whether the public is being served by partnering on this endeavor and monitoring the project to confirm the public purpose is continuously being carried out. FWTA will provide the City a quarterly report detailing the construction progress of the TEX Rail project, which will include current construction activities; estimated completion dates; future construction activities and estimated dates and percent of entire project completed. This contract will be with a governmental entity, state agency or public institution of higher education: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24133&councildate=1/24/2017 3/29/2017 M&C Review Page 2 of 2 The Fort Worth Transportation Authority. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that no significant impact to the City's Fiscal Year 2017 Budget will occur upon approval. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Mark Brown (5197) Jean Petr (8367) ATTACHMENTS 1301 ENorthsideDr.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24133&councildate=1/24/2017 3/29/2017