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HomeMy WebLinkAboutContract 19813 CITY SECRE-r�i,.7. LICENSE AGREEMNT ` rz '� NS LICE Th' E AGREEMENT is made and entered into the ,� day of 1993, by and between the BOARD OF TRUSTEES of the HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas, (hereinafter called "HEBISD" ) , and the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant County, Texas, (hereinafter called "CITY" ) . RECITALS This agreement is made under the authority granted to HEBISD and the CITY by and pursuant to Texas Government Code Chapter 791 , known as the INTERLOCAL COOPERATION ACT. A neighborhood park is needed to serve the community of River Trails south of Trinity Boulevard and west of Precinct Line Road. 6 ,. The CITY has to date been unable to obtai ask land through the CITY' s park dedication policy �a ordinance for the River Trails community. °° The HEBISD has advised the CITY that the western portion of a block of school land located in Fort Worth at the southwest corner of Elbe Trail and Lehigh Drive can be made available for recreational uses and development . NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows : AGRE MEBT 1. Description. HEBISD grants to CITY a license for the use of the western portion of Lot 8, Block 9 of the River Trails LICENSE AGREEMENT PAGE 1 PF1:f 5'f',rW'C)UTFACT-2212(cip) Addition, containing approximately 3 . 572 acres out of the J.B. Johnson Survey, Abstract 855 and JW Sanson Survey, Abstract 1387, such complete tract being more particularly described in the field notes marked Exhibit "A" and outlined on the plat marked Exhibit "B" , both exhibits being attached her and incorporated herein for all purposes incident to this agreement . 2 . Ter jR_DL_&gXeVDgMt. The term of this agreement shall be for twenty-five (25) years, in with the date of execution hereof, subject to further extension at the expiration thereof by mutual consent . 3 . F-e&. The fee for this use is the sum of ONE DOLLAR ($1. 00) per year, payable at time of execution of this Agreement . The parties agree that all consideration detailed in this agreement fairly compensates HEBISD for the license granted by HEBISD, and HEBISD acknowledges receipt and acceptance of this consideration. 4 . Use The premises shall be used for a neighborhood park development which may include a play area, picnic facilities, multi-use slab, practice sports fields and landscaping . 5 . As further consideration herein, the CITY or its contractor shall, at CITY' s own cost and expense, perform all or and furnish all material necessary to complete the premises for the proposed use in accordance with the CITY' s specifications . All payments by the CITY shall be made from current revenues available to the CITY. 6 . fie....__- As further consideration herein, the CITY shall, at all times during the term of this Contract, at either its own expense or through collaborative efforts of other parties, maintain and repair the premises in accordance with the CITY' s normal and customary standards of park maintenance, to the reasonable satisfaction of HEBISD. All payments by the CITY shall be made from current revenues . LICENSE AGREEMENT PAGE 2 HEB1SD/FW/C0NTRACT-2212(cJp) 7 . Improvements . Title to improvements placed on the premises by the CITY will remain with the CITY during the term of this Agreement . Ownership of improvements upon termination of this Agreement shall be as provided in paragraphs 10 and 11 herein. Such improvements shall be made available for the use of the general public at all times except when being used by HEBISD during regular school hours or when reserved by HEBISD upon reasonable notice to the CITY. The parties hereto agree that no dedication of school property for park purposes is made or intended, and that while school or school-related activities are being conducted on the property, the HEBISD may exclude any person or persons it could exclude from any other school building or school grounds . 8 . Development of Improvements . Prior to making any improvements to the premises, CITY shall submit detailed drawings and plans for the improvements, showing the proposed location of each improvement . The CITY shall obtain the written approval of the HEBISD Superintendent before making the improvements . 9 . Rules . Regulations and Operation. The premises shall be subject to the same rules, regulations and methods of operation as other public parks operated by the City of Fort Worth' s Park and Recreation Department for the public benefit, as long as such use does not interfere with HEBISD' s use of the property for school purposes . 10 . CITY' s Default . If the CITY fails , for any reason, to perform any provision of this Agreement, this Agreement may be terminated by HEBISD if the default continues for a period of thirty (30) days after HEBISD notifies CITY in writing of the default and its intention to declare this Agreement terminated. Should this Agreement be terminated pursuant to CITY' s default, CITY shall have a period of ninety (90) days after this Agreement is terminated to remove, if the CITY in its discretion so elects , all improvements, equipment and facilities , except permanent improvements . Title to permanent improvements shall vest in HEBISD, at no cost to HEBISD. "Permanent improvements" are those LICENSE AGREEMENT PAGE 3 HEBISD/FW/C0NTRACT-2212(cjp) improvements which cannot be removed without substantial damage to the licensed premises . 11 . Termination. A. In the event HEBISD requires the use of the premises for school purposes prior to the expiration of the terms of this Agreement, HEBISD shall notify the CITY at least ninety (90) days in advance of such need in order to permit the CITY reasonable time to remove portable equipment or facilities . HEBISD further agrees to purchase all permanent improvements erected by the CITY on the premises hereunder at a price that shall represent the original cost of such improvements minus depreciation calculated on a straight line basis using a twenty-five (25) year useful life. All fully depreciated permanent improvements shall become the property of HEBISD. B. CITY may terminate this Agreement upon giving ninety (90) days notice to HEBISD. In such event, CITY may, within said ninety (90) day period, remove portable improvements . All permanent improvements shall become property of HEBISD in the event of such termination by CITY. 12 . Entry Upon Premises . HEBISD shall have the right to enter the premises at all reasonable times for the purposes of inspecting and viewing the premises . 13 . Indemnity. A. To the extent permitted by law, the CITY agrees to save, protect, defend, indemnify and hold harmless HEBISD, its officers, employees, agents or servants acting in the course and scope of their employment, from any and all suits , claims, or causes of action which may arise out of the operation of recreation programs on the licensed premises or the negligence of CITY employees, officers , agents or servants or the concurrent negligence of CITY and HEBISD employees, officers , agents or LICENSE AGREEMENT PAGE 4 HEBISD/FW/CONTRACT-2212(cjp) servants; provided, however, that this indemnity agreement does not cover or include: (1) any liability or obligation to third parties based on any contract to which the CITY is not a party; or (2) any tort claim or liability for which the CITY would not be liable if the same were asserted directly against the CITY; or (3) any tort claim or liability arising out of the sole negligence of HEBISD, its officers , employees , agents or servants; or (4) any tort claim or liability arising out of the gross negligence, malicious intent , bad faith, or other intentional , deliberate, willful or malicious act of HEBISD, its officers, agents , employees or servants, whether or not there is negligence on the part of the CITY, its officers, agents , employees or servants . B. The parties hereto contemplate that all obligations of the CITY created hereunder will be satisfied out of the funds available under the CITY' s program of self-insurance. C. HEBISD agrees to notify the CITY promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the licensed premises . HEBISD agrees to make its officers, agents and employees available to the CITY at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the CITY may be responsible hereunder . D. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense which may be asserted by HEBISD or CITY pursuant to law. LICENSE AGREEMENT PAGE 5 HEBISD/FW/CONTRACT-2212(cjp) E. Nothing herein shall be construed, in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 14 . und. This agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties . 15 . App_LjgAbJg _LDW. This agreement is entered into subject to the provisions of all applicable federal, state and local laws or ordinances and the requirements of any and all governmental regulatory agencies having jurisdiction over the subject matter . This agreement is fully performable in Tarrant County, Texas . 16 . 6.ev v" If any of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceablility, all not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 17. SQ JkAgXggDg-n-t. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter . EXECUTED this6o&,,,,,,...... day of 1993 . CITY OF FORT WORTH HURST-EULESS-BEDFORD I .S.D. 1000 Throckmorton Street 1849 Central Drive Fort Worth, Texas 76102 Bedford, Texas 76022 ibb Watson B���ar Manire By: L Assistant City Manager President, Board of Trustees LICENSE AGREEMENT PAGE 6 HEB1SD,/FN/C0NTRACT-2212(cJp) .......................... ATTEST: ATTEST: liiadlz -) - tAAU44�-- By: Alice Church By: GgorgeAnn Gallian City Secretary Secretary, Board of Trustees APPROVED AS TO FORM AND LEGAILITY: Assistant City torney STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas , on this day personally appeared Larry Manire, known to me , to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Hurst-Euless-Bedford Independent School District and that he executed the same as the act of said Hurst-Euless-Bedford Independent School District for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A7�-A day of ���� 19 93 pt�pV n��1 CINDY RUTLEDGE OPNOTARY PUBLIC NOTARY P IC and or State of Texas the Sta a of Texas Gomm: €xp:0&31-97 Culatrac,t a flwll.:y; f q,tion Date LICENSE AGREEMENT PAGE 7 UEH 1;'V,FW,'(:(,,11TRACT-2 12(cjp) STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, Assistant City Manager, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND SEAL OF OFFICE this day Of i lj- 19�n V.RoemON Ha.ary Put�IIC . « STATE OF TEXAS NOTARY PUBLIC in and for y `;": �,,!`� .Elp AVZii994 the State of Texas of LICENSE AGREEMENT PAGE 8 HEBISD/FW/CONTRACT-2212(cjp) OFFICE OF THE CITY ATTORNEY THE CITY OF FORT WORTH 1000 THROCKMORTON FORT WORTH,TEXAS 76102 (817)871-7600 FAX (817) 871-8359 MEMORANDUM DATE: July 30 ® 1993 TO: Libby Watson Assistant City Manager FROM: David L. Yett Assistant City Attorney SUBJECT: HEBISD River Trails Agreement Attached are the four original license agreements allowing use by the City of HEBISD land for park purposes ® There is an M&C awaiting your consideration which would recommend City Council approval of this agreement . When the M&C came through my office® I attached a prior draft of the license agreement . Please replace this with the a copy of the attached agreement when it goes out to the City Council . The only revision contained in this later version is the inclusion of the words Ivacting in the course and scope of their employment" in the indemnity clause (Section 13} ® Richard Zavala and Bob Riley of Park and Recreation have reviewed and approved the license agreement also ® DLY : st Attachment cc: Richard Zavala (w/attachment} Bob Riley (w/attachment} it ROHNE HoODENPYLF_ LOBERT MYERS & SCOTT, P.C. JERRY R.HOODENPYLE ATTORNEYS AND COUNSELORS AT LAW MAILING ADDRESS JAMES E.LO BERT 1323 WEST PIONEER PARKWAY-SPUR 303 P.O.BOX 13010 THOMAS I-MYERS ARLINGTON,TEXAS 76094-0010 BOARD CERTV=-CRS4NAL LAW ARLINGTON,TEXAS 76013 TEXAS WARD OF LEGAL SPECIALMATM LYNN ROSSI SCOTT TELEPHONE:(8 17)277-521 1 BARBARA M.WILLIAMS METRO,(8 17)265-2841 CHARLES BENJAMIN AKERS TAX DEPT:(817)277-0041 FAX LINE:(8 17)275-3657 WAYNE A.ROHNE OF COUN103- July 29, 1993 Mr. David Yett Assistant City Attorney it of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 RE: HEBISD/River Trails Agreement Our File No. 90000-79 ................... Dear David: Per our earlier discussions, enclosed please find four original License Agreements allowing use by the City of Fort Worth of the land located in the River Trails subdivision that is owned by the Hurst-Euless-Bedford Independent School District . These agreements were approved at the July 27, 1993, meeting of the Board of Trustees of the HEBISD, and have been executed by all appropriate HEBISD officials . It is my understanding that you have recommended approval of this agreement. Therefore, please obtain the appropriate agreements and signatures from the necessary City of Fort Worth representatives, then send two original License Agreements back to me. Thank you for your courtesy and patience in this matter . I have enjoyed working with you. Sincerely, ( 16S LY R OS I SCOTT S6" LRS/slcj cc: Dr. Ronald Caloss HEBISD/LTR/Yett-32 UEBISD/Contract-C/Fort Worth r e . r , .0 . w x ° - �, M,.i # w � • °" a ik• � ;_ � ° e • ° •'. • a' :. � ""• q a .,. • ''� • • y S • • MA e e QW ,of Fort, Wbilk Texas unmca ' 08/10 1,93 SONE 2 of , N GA THE H RS,, EUllL,E� Y PCP iI C3 P hlf ;f�1" X 1 7= 1C, o' 00 PARK,DEV15L P IN-RlYM TRAfL ,ADD1'1'IO 1,N`F I[Q W.Q E F T1F The Qi recto,r of Fist S#rvvic es,ce,rt i f 1 es that the funds revs,it d foor this projP, t a re v aDa Ie in the current capital budget of the Park and Recreation Improvem,evritsPund. LW-,j f I (l)GC05 34,12,00 08096,=21M TPPROVED UbisyWosm 'x CITY COUNCIL TaYSlsr 14 'n7 .. bd Zaw41s,,Ac. - . 0 Printed on r-cy led r