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Home My WebLink AboutContract 35342� -: ; i 1' ��CRETARI( �� : ;�r�l e ��,C`� �4C) , l��s�-J--- _ LEASE AGREEMENT This Lease Agreement is made and entered into between Eagle Mountain-Saginaw Independent School District acting by and through � c��.�- l'�? C K herein designated as "EM-SISD" and the City of Fort Worth acting herein by and through _/�,2�'� r�,=� is Assistant City Manager herein designated as "City", WTTNESSETH: WHEREAS, EM-SISD is building new schools adjacent to roads in the City of Fort Worth; WHEREAS, as part of the construction of the EM-SISD Elementary Schools #11, #12 and #13, EM-SISD is required to perform street improvements and storm drain construction adjacent to its property; WHEREAS, City is ihe owner of the streets known as Cantrell-Sansom Road -#11, Parlc Drive and "Future Road"- #12 and Cromwell Marine Creek Road (County Road 4124) and "Future Road" - #13; WHEREAS, City has agreed to enter into a non-exclusive T,ease Agreement with Eagle Mounfiain-Saginaw ISD for the Lease of a portion of Cantrell-Sansom Road, Park Drive, "Future Road", �nd Crotnwell Marine Creek Road (County Road 4124} and "Future Road" in order that EM-SISD may construct improvements on Cantrell-Sansorn Road, Park Drive, "Future Road", and Cromwell Marine Creelc Road (County Road 4124) and "Futi�re Road", ("Street Tmprovements"), such improvements being for the benefit of EM-SISD and City, as are more particulary described in the attached Exhibits "A-C". The location of the Leased Area is described on Exhibits "A-C" attached herato and made a part hereof ("Leased 1'remises"). NOW, THEREFORE, for and in consideration of EM-SISD constructing tha Street Impravements and other good and valuable consideration paid, the receipt and sufficiency of which axe hereby acknowledged, the parties agree as follows: Leased Premises. City, in considaration of EM-SISD constructing the Street Improvements and of the covenants and agreement to be performed by EM-SISD herein set forth, does hereby grants to EM-SISD a non-exclusive lease of and temporary conslruction easement in the Leased Premises. 2. Non-Exclusivitv. This Lease and other rights and benefits herein created are not exclusive, and City hereby reserves the right to grant such other leases, licenses, easements, rights, benefits, or privileges to such persons and for such purposes as City in its discretion may elect, so long as such purposes do not materially interfere with the rights and benefits granted herein to EM-SISD. Page 1 of 6 �u ��;i��l � U i5��'�.' ° ;�,.' ? i" \;� �� -,1;�? � ': i,�. �7 ��:;�� 'u��'� ; ' i' . �� L , ni! r) \,! � �r� 1 '��i ; � � �I', l �t., `�i7� u V��V � - , � �� '.��i;�; �1��>> 3. Term of Lease. The term of this lease shall be until completion of the Street Improvements and acceptance of same by City. 4. Acceptance of the I,eased Pxemises bv EM-SISD. EM-SISD taking possession of the Leased Premises shall be conclusive evidence that (a) the Leased Premises are suitable for the purposes and uses for wl�ich same are leased; and (b) EM-SISD waives any and all defects in and to the Leased Pxeznises, its appurtenances, and in all the appurtenan.ces thereto. Further, EM-SISD talces the Leased Premises and all appurtenances in "AS IS" condition without warranty, expressed or implied, on the part of City, City shall not be liable to EM-SISD, EM-STSD's agents, employees, contractors, invitees, licensees, or guests for any damage to any person or properiy due to EM-SISD's actions or EM-SISD's contractor's actions on the Leased Premises. 5. No Services. City shall not furnish EM-SISD with any utilities, cleaning, lighting, security, fence, gate or any other items or services for the Leased Premises. Any services or utilities needed by EM-SISD will be provided by EM-SISD at its sole cost. 6. Road Closiu•es. If EM-SISD requires any road closures or partial road closure in order to construct the Street Improvements, EM-SISD agrees to coordinate any road closures or partial road closures with City and obtain City's consent before any closure. Ta obtain C�t��'g r�nePnt� FTVT_�TCT� ghall rnntart 7. Use and occupancv. EM-SISD shall, at its expense, use and maintain the Leased Premises 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). EM-SISD shall use and occupy the Leased Premises in order to construct the Sireet Tmprovements and for no other puxpose. EM-SISD agrees not to use or to allow or permit the Leased Premises to be used for any purposes(s) prohibited by any law of the United States ox the State of Texas or by any ordinance of the City of Fort Worth; and EM-SISD agrees not to commit waste or permit waste to be committed or to allow, or permit any nuisance on or in the Leased Premises. At the termination of this lease, whether by lapse of time or otherwise, EM-SISD shall deliver the Leased Premises to City in as good eondition as the same was as of the date of the taking of possession thereof by EM-SISD. Assi�,nment and Subletting. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublicense or transfer of all or any part hereof without such prior written consent shall be void.. 9. Alterations, Additions, and Improvements. Other than EM-SISD constructing the Street Improvements, EM-SISD shall make no alterations in, or additions to, the Leased Premises without the prior written consent of City, All alterations, additions and improvements made to or fixtures or other improvements placed in or upon the Leased Premises sha11 be deemed a part of the Leased Premises and the property of City at the end of the term of the Lease. Ail such alterations, additions, improvements, and fixtures . � `�� ,-� .;�i; Jv�:�:�� ..�:��.�:.- dv1�1,� ;��i,j ;;1�'��''q, Page 2 of 6 �. 'J u c' l;� ;�. i5 l�4-� r`-S �� 'n "i, Cy�jl ` j7�r i` i �� .r��:�,�.�;1.'� �uG'�� .�.-....�.._ shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease. 10 Insurance. EM-SISD shall not enter the Leased Premises and commence construction of the Improvements until its contractors have obtained the following insurance coverage and shown proof of such coverage to City: Commercia.l General Liability (CGL) Inst�rance Policy $1,000,000 each occurrence $2,000,000 aggregate limit Automobile Liability Insurance Policy $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. Wo_rkPrs' Comp?ncatinn Tn�iir?n�e PO�iCj� Statutory limits Employer's liability $100,000 Each accidentloccurrence $100,000 Disease - per each ennployee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coveraga with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Sec. 401.001 et se�. Texas Labor Code) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee City, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception: the additional insured status does not apply to Workers' Compensation policies. Thirty (30) days notice of cancellation or non-renewal: The following clause is required: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after thirty (30) days prior written notice has been given to the City of Fort Worth by U.S. mail." The insurers for all policies must be licensed/approved to do business in the State of Texas and have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City}. 11. Bonds: EM-SISD must provide performance and payment bonds covering the Street Improvements, in form acceptable to the City Attorney. Page 3 of 6 12. Liens. EM-SISD will not cause or permit any mechanics' liens or other liens to be filed against City's Praperty by reason of any work, labor, services, ar materials supplied or claimed to have been supplied to Licensee. If such a mechanic's lien or materialman's lien is recorded against the City's Property, EM-SISD must either cause it to be removed or, if EM-SISD in good faith wishes to contest the lien, take timely action to do so, at EM-SISD's sole expense. 13. No Hazardous Or To�c Substances. Under no circumstances during the term of this License sha11 EM-SISD use or cause to be used or any hazardous or toxic substances or matexials, ar store or dispose of any such substances or materials on the Property. 14. Default b�EM-SISD. If EM-SISD defaults in the performance of any term of this Agreement City may send EM-SISD a certiiied letter explaining the deficiency in their performance of this Lease. EM-SISD shall correct such deficiency. 15. Notice.All notices, requests, and other communication under this Lease shall be in writing and shall be delivered in person or sent by certified mail, return receipt requested, addressed as follows: Tf intenc�ed for f'.TTY; City Manager Ciry of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Telephone (817) 392-6111 Facsimile: (817) 392-6134 E-Mail: If intended for EM-SISD: Dr. Cole Pugh Eagle Mountain-Saginaw Independeni School District 1200 Old Decatur Road Fort Worth, TX 76179 USA Phane: (817) 232-0880 Fax: 817.232.3596 or at such other address, and to the attention of such other person, as the parties shall give notice as herein provided. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof, whether actually received or not, upon deposit of both tha original and copy in a post office or official depository of the United States Postal Service. 16. Severabilitv. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section ar other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent f �,:-:� � ;: :��, i, , L ��'�`�v�`u Page4 of6 �y'j`II �� c��C�:l`(LS �l;��:��?CU � y ::.�,� p 1i ' �" � �J �� i;�,.. �`:� 1' � �,�: 1 �'� G1�. a �__ �,...,�.-....,.P.. jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, parag_raph, secti�n, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 17. Contraci Construction. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal iule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 18. No Third-Partv Beneficiaries. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third pal�ty beneficiary of this Agreement, Each party hereto shall be solely responsible for the fuliillment of its own contracts or commitments, 19. Venue And Jurisdiction. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in stata courts located in Tarrant County, Texas. This Agreement shall be construed in »�.�.�rr�anca �avj� tl�e l��x�c n�'tha Ctata nf T'Pxac, 20. Independent Contractor. EM-SISD shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. EM- SISD shall have exclusive control of, and the exclusive right to control the details of the work performed for the Street Improvements, and all persans performing sama, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint ventuxe between the City and EM-SISD, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and EM-SISD. 21. Compliance With Law. EM-SISD, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all laws, federal, state and local, including the Charter and all ordinances, rules and regulations of the City. It is agreed and understood that, if City calls the attention of EM-SISD to any such violations on the part of EM-STSD, its officers, agents, employees, contractors or subcontractors, tlien EM- SISD sha11 immediately desist from and correct such violation. 22. Governmental Powers, Tt is understood that by execution of this Agreement, neither the City or EM-SISD do not waive or surrender any of their governrnental powers or immunities. 23. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together shail constitute one and the same agreement. Pnge 5 of 6 � :� _ J,t j j�� ;� � u�� ! u '��1�,�% �-' ��'� ? g�` ir��' y �'1�� '..�:,'�1�,!U-:.'(L� 1 C`I� i',[j�;�i �!��( F I 11: .. .. . �.� U � 5`�:. � _�. ._�__.�.: _ 24. Entire Agreement. It is expressly agreed by EM-SISD, as a material consideration for the execution of this Lease, that there are and were no verbal representations, understandings, stipulations, agreements, or promises pertaining thereto not incorporated in writing herein, and it is like�wise agreed that this Lease shall not be altered, waived, amended, modified, or extended otherwise than as provided herein, except same may be done in writing signed by each of the parties hereto. In witness whereof, the parties hereto have caused this Lease to be executed as the day and year first above set forth. CITY OF FORT WORTH � , ; Nlarc ,4. nrr Assistant City Manager TO FORM: �- - - Assistant ATTEST: City Secretary C'_ -�.�i )� C��a�Grac� �utk�o�izt�tio�.::`_ r�- ;s��^��,� �� - -�_, EAGLE MOUNTAIN-SAGINAW INDEPENDENT SCHOOL DISTRICT -�, %, : �� Frinted Name: l� c`� �� `�Li C=� f-� Tit1e: �.� �' f� �" �% lJ i� IJ L� ��( � � Page 6 of 6 �-- �--�� . � _ . ? o^ � ,,��;J ��j�,l��',,'? 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' . � u�'i + +'q�t� ' } � � 'x � �L+R: � F,.. -�..; f�� 1 � Y , �.� � � � � : �, . `'�, y �� . ,', ' '" � t�: �.a.y,:,;� ( .�..� '�`tter,": "iL�;,°"ryl;� T� ; _ _ ��. .,� _,. , �� . .. .� � � �� ;-.� :. r s a ,% �' J S � . „ - - r�,aNsrnoN c r�,aNsinoN �x��ai � a EXHISIT "C'° � �` � � � i��h I l �'i . - . . .. .' i�j��.. V 1 .. ... ..��11�. \�i�I�J��19 . , City of Fort Worth, Texas Mayor and Council Communication _'_T3�S:.-S,=_:u'aX�H�YaCL�.�. ._ ... _�_��. " _ . s.c_ '_-_.s.�:r=�.v..rr.c� COUNCIL ACTION: Approved on 5/15/2007 DATE: Tuesday, May 15, 2007 LOG NAME: 12EMSISD REFERENCE NO.: **C-22113 SUBJECT: Authorize to Enter into a Non-Exclusive Lease Agreement with the Eagle Mountain-Saginaw Independent School District to Accommodate the Installation of Community Facilities Required by the Construction of Three Elementary Schools Lc1�_.:� �:- .:i.�.�i� ... _'._._"._".�_..._.: ".. .-_ar�Y1'S��S.__. _.__ "___.:.. �..._�:.:':..�.-:_.�=. - L"-.J:'...- �.__.�... �. _._.." ____..... .--... __'. __.. � ......" __..._. .. ___. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a non-exclusive lease agreement with Eagle Mountain-Saginaw Independent School District (EM-SISD) for a portion of Cantrell- Sansom Road, Park Drive, Cromwell Marine Creek Road (County Road 4124) and two future unnamed roads referred to as "Future Road" (the leased areas more particularly reflected in Exhibits "A-C" hereto) adjacent to EM-SISD property to accommodate the installation of community facilities required by the construction of EM-SISD elementary schools No. 11, No. 12, and No. 13. DISCUSSION: EM-SISD is building elementary schools No. 11, No. 12, and No. 13 in the City of Fort Worth. EM-SISD must install community facilities in and around portions of Cantrell-Sansom Road, Park Drive, Cromwell Marine Creek Road (County Road 4124) and two future unnamed roads in the City of Fort Worth to serve the new schools. State law requires that a school district can only make improvements on property the school district owns or leases. EM-SISD has requested a non-exclusive lease of the aforementioned City property in order to make the improvements necessitated by its construction of the three elementary schools. Staff recommends that the City enter into a non-exclusive lease agreement for a term beginning upon execution and terminating when the improvements are completed and accepted by the City. At the termination of the lease, all improvements made by EM-SISD will be owned by the City. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on city funds. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Marc Ott (6122) David Yett (7606) Amy Ramsey (7617) -- -- -- — -. , (/ s l . ' �:/��! ��. �ui,� Nul-7`l�'�` � .,., i�r,`; :,a;i ��iu�i-��'I'^'� i ��;J � °:`��:l��l�r.,�:J c ;, - . r, 2C a.e� V '�;;;,', .` `'l ;�s, ,�,j:;�!�� !�r,�� .� �