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HomeMy WebLinkAboutContract 51752 C!TY C7.CRETARY „TNO. 51-71 _ �Ij�SVS REP�� � ti L 9 9 INTERLOCAL AGREEMENT BETWEEN THE CITY OF RIVER OAKS, TEXAS AND THE CITY OF FORT WORTH, TEXAS STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is by and between the CITY OF RIVER OAKS, a Texas home-rule municipality with its principle office at 4900 River Oaks Boulevard, River Oaks, Texas 76114, ("River Oaks"), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its principal office at 200 Texas Street, Fort Worth, Texas 76102 ("Fort Worth"). WITNESSETH: WHEREAS, the Texas Legislature has authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, in performing governmental functions or in funding the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of both parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS,the Lake Worth Trail is a multi-use recreational trail system, located primarily within Fort Worth's city limits, which contains a section within the River Oaks city limits generally between ttoe YMCA's Camp Carter Property, at 6086 Anahuac Ave., in Fort Worth and Marion Sansom Park in Fort Worth("Lake Worth Trail"); and WHEREAS, Fort Worth will design; construct and maintain; except as described below; the Lake Worth Trail; and WHEREAS, the Lake Worth Trail will provide recreational facilities to citizens and visitors of both Fort Worth and River Oaks; and WHEREAS, a portion of the Lake Worth Trail will be located within River Oaks using River Oaks' streets as follows: connecting to Harvard Street at approximately Dartmouth Avenue, north to Purdue Avenue, east on Purdue Avenue to Yale Street, north on Yale Street to Amherst Avenue, west on Amherst Avenue to Inspiration Lane, north on Inspiration Lane to its northern terminus and connecting to off-street trail within River Oaks-owned property located generally at 2257 Roberts Cut-Off Road (collectively, the "River Oaks Segment") as depicted on Exhibit"A" attached hereto and incorporated herein; and WHEREAS, River Oaks desires to facilitate the Lake Worth Trail by granting Fort Worth the right to construct and maintain certain trail amenities within the River Oaks Segment, as further described herein and as depicted on Exhibit "B" attached hereto and incorporated herein; City of Fort Worth-City of River Oaks ILA Lake Worth Trail CMEOETARY FT. WORTH,TX NOW, THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: Section 1. RIVER OAKS A. River Oaks hereby grants Fort Worth a license as follows: 1) the use of River Oaks' right-of-way to construct and maintain, except as provided for below, the River Oaks Segment of the Lake Worth Trail and 2) the permanent use of River Oaks' property located at 2257 Roberts Cut-Off Road to construct and maintain the connection of the River Oaks Segment to the Lake Worth Trail, as shown on Exhibits A and B; B. River Oaks hereby grants to Fort Worth the rights of ingress and egress as is reasonably necessary to construct and maintain the River Oaks Segment; C. River Oaks will install and maintain all required signage for the control of traffic within the River Oaks Segment; D. River Oaks shall maintain all on-street striping and specific trait wayfinding or directional signage within the River Oaks Segment after the expiration of any warranties or other maintenance obligations provided to Fort Worth by its contractor; E. River Oaks shall maintain the sidewalk installed by Fort Worth on the west side of Yale Street between Amherst Avenue and Purdue Avenue after the expiration of any warranties or other maintenance obligations provided to Fort Worth by its contractor; F. River Oaks shall install, or cause to be installed, and maintain fencing on River Oaks water treatment plant property as depicted in Exhibit C, attached hereto and incorporated herein. Section 2. FORT WORTH A. Fort Worth will ensure that the City's contractor constructs the River Oaks Segment according to the plans and specifications; B. Fort Worth shall obtain or cause to be obtained, all material, labor and equipment necessary for the construction of the River Oaks Segment, including the sidewalk on the west side of Yale Street between Amherst Avenue and Purdue Avenue; C. Fort Worth shall arrange for all materials testing and inspection for the River Oaks Segment. Nothing herein shall prohibit or prevent River Oaks from performing its own inspection or review of materials testing; D. Fort Worth shall coordinate with River Oaks concerning construction timing and completion of the River Oaks Segment; E. Fort Worth will pay to River Oaks the amount of $15,357.00 for River Oaks' installation of fencing necessitated by the off-street trail segment, shown in Exhibits B and C, extending from Inspiration Lane; City of Fort Worth-City of River Oaks ILA Lake Worth Trail Page 2 of 5 F. Fort Worth shall maintain the off-street trail segment, shown in Exhibit B, from its intersection with Inspiration Lane to the Fort Worth/River Oaks boundary. Section 3. TERMS OF AGREEMENT A. OWNERSHIP. Upon completion, and final acceptance by River Oaks, the sidewalk described in Sections 1. E. and 2. B., above, shall become a part of River Oaks'street system for public use. B. TERM. This Agreement shall be effective upon full execution hereof, as described below, and shall continue in force and effect for so long as the Lake Worth Trail is used by the public; C. NOTICES. All notices or communications provided for herein shall be delivered to River Oaks and Fort Worth or, if mailed, shall be sent to River Oaks and Fort Worth at their respective addresses. For the purposes of notice, the addresses of the parties, until changed by written notice, are as set forth in the recitals,with Notice to be directed to: RIVER OAKS:Attention: Marvin Gregory, City Administrator FORT WORTH:Attention: Richard Zavala, Director, Park& Recreation Department D. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any privilege, immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. E. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. F. GOVERNING LAW. The validity of the Agreement and of any of its terms or provisions, as well as the rights and duties hereunder, shall be governed by the laws of the State of Texas. G. PLACE OF PERFORMANCE. All actions to be taken or amounts due under this Agreement shall be performed in Tarrant County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tarrant County,Texas. H. ENTIRE AGREEMENT. This Agreement contains all the terms, commitments and covenants of the parties. Any verbal or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. City of Fort Worth-City of River Oaks ILA Lake Worth Trail Page 3 of 6 I. CURRENT REVENUES. The parties hereto shall make any payments called for hereunder only from current revenues legally available to each party. J. MULTIPLE COUNTERPARTS. This Agreement may be executed in multiple counterparts which, when taken together, constitute the entire Agreement. IN WITNESS WHEREOF, the signatories below, each acting under authority of their respective governing bodies, have caused this Agreement to be duly executed to be effective as of the date subscribed by the signatory last executing this Agreement. CITY OF FORT WORTH CITY OF RIVER OAKS By: Gro By. Fernando Costa erman D. E od Assistant City Manager Mayor ` / Date: Date: f�' � '— Zt` ATTEPry ATTEST: 10 M KVtserl City Secretary ha j (CITY'S SEAL) (AUTHORITY'S SEAL) of..Riv Recommended By: Rich rd Zavala, Director + �c ParkDepartment OFFICIAL RECORD CITY SECRETARY City of Fort Worth-City of River Oaks ILA Lake Worth Trail FT U�S'��f�X 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 and reporting require Name: Carlos G alez Title: Park Plann r Approved as to Form and Legality Approved as to Form and Legality Douglas VnIack \Name: Sr.Assistant City Attorney City e , River Oaks -�i OFFICIAL RECUR City of Fort Worth-City of River Oaks ILA Lake Worth Trail CIN 4 ;TAY FT. WVO IT ,TX ' „' :iPA'��1+4��k�l:s!s_a:.L .> .>ii�4 h” air``wc� f "a►,��ar}�O�i�`.iMl—41 ♦i iiiR # H fii�i�iii`+i+►ai�. 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