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Home My WebLink AboutContract 11912 LEASE AGREEMENT ^- AU�en-28/V6 rye _ FOR SEWER LIFT STATION s AT GSIA STATE OF TEXAS § CITY SECRETARY CONTRACT No...U9L , COUNTY OF TARRANT § WHEREAS, the CentrePort Joint Venture, a Texas joint venture (herein called "CentrePort") doing business in Tarrant County, Texas, has entered into a Community Facilities Agreement (City Secretary Contract No. 11705) with the City of Fort Worth for the installation of community facilities to serve Centreport, Phase One, Section One, located in that area of the City of Fort Worth previously known as the Greater Southwest International Airport; and WHEREAS, pursuant to said City Secretary Contract No. 11705, said Company is required to furnish and install a temporary sewer lift station to lift the sewage produced in that area of development into the gravity sewer until sewer lines are completed which will eliminate the need for said lift sistion; and WHEREAS, the City of Fort Worth owns such a lift station which is not currently in service, but which after repairs will be suitable for use by CentrePort, under its Community Facilities Agreement with the City; and WHEREAS, it would be to the mutual advantage of both parties that a lease agreement be entered into, for the repair and temporary use of this lift station by said CentrePort; NOW, THEREFORE, KNOW ALL MEN BY THESE' PRESENTS: That the City of Fart Worth ("City") , acting herein by and through its duly authorized City Manager, and CenterPort Joint Venture, acting through its Managing Venturer, Centre Development Co. , Inc. , ( "Centre") , acting by and through Craig A. Knight, its duly authorized Vice President, do hereby covenant and agree as follows: I. For and in consideration of the payment of the rental hereinafter set out and the performance of the covenants and agreements herein set forth, City has contracted with and does hereby lease unto CentrePort one CanTex Sewer Lift Station, Serial Number 827, presently located at the Holly Treatment Plant in Fort Worth, Texas. OFFICIAL REMO CITY SSF" FTARY FT. ".`JVRTH, Tfx. t II. The term of this lease shall commence upon execution of this agreement and shall continue: (i) for a period of five (5) years, or (ii) until such time as sewer lines eliminating the need for the lift station are installed, accepted by the City and in service as a por- tion of the sewer system of the City of Fort Worth; whichever of (i) or (ii) occurs first. III. As rental for the entire term of this agreement, CentrePort shall pay City for use of said sanitary lift station the sum of Twenty-Five Hundred Dollars ($2,500) , to be paid to the City upon execution of this lease agreement. IV. CentrePort further agrees and covenants as follows: (A) that it will bear full cost and responsibility for restora- tion of the lift station to an operable condition for its continued use as a lift station, such restoration to in- clude, but not be limited to replacement of all missing parts such as pumps, electrical wiring and dehumidifier and the repainting of the station, all at an estimated cost of $4,958.00. (B) that it will bear full cost and responsibility for transpor- ting the lift station from its present location at the Holly Treatment Plant in Fort Worth, to the location within CentrePort's development where it will be installed and operated during the term of this lease; (C) that it will bear full cost and responsibility for install- ing the lift station at said location, such installation to consist of the furnishing by CentrePort of all labor, materials and equipment necessary to place the lift station in full operation as an acceptable part of the City of Fort Worth sewer system. City shall be permitted to inspect such installation and CentrePort agrees to perform such work as City deems reasonably necessary to make the lift station an acceptable and operable part of the Fort Worth sewer system. -2- V. Upon execution of this agreement, and at all times prior to the acceptance of the lift station as a component of the City of Fort Worth sewer system, all costs for repair, maintenance and care of said lift station shall be the expense and responsibility of CentrePort. All costs and expense of installation and utility connections relating to the lift station shall be the cost and responsibility of CentrePort. At such time as the lift station becomes an operable component of the City of Fort Worth sewer system, all costs and responsibilities incurred thereafter for its operation, repair and maintenance will be borne by the City. VI. CentrePort covenants and agrees to indemnify and reimburse the City for any and all loss, damage or destruction to any City property, including the lift station, arising out of, in connection with, or during the maintenance, use, operation, control, transportation, repair or installation of the lift station by CentrePort, its offi- cers, agents, employees, contractors or subcontractors. Likewise, CentrePort covenants and agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury arising out of, in connection with or occurring during the maintenance, use, operation, control, transporta- tion, repair or installation of the lift station by CentrePort, its officers, agents, employees, contractors or subcontractors; and CentrePort hereby assumes all liability and responsibility for such claims or suits. If prior to its acceptance as a component of the City of Fort Worth sewer system, the lift station, after inspection, is shown to be defective and unacceptable, CentrePort shall bear full cost and responsibility for making repairs which will restore the lift station to acceptable standards for use as an operable component of the sewer system. VII. This written instrument constitutes the entire agreement between the parties hereto concerning the sanitary lift station and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. -3- VIII. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non- performance of this contract, venue for said action shall lie in Tarrant County, Texas. IX. CentrePort agrees to perform all work, repairs, maintenance, transportation and installation required hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. CentrePort shall have exclusive control of and the exclusive right to control the details of the work and operations to be per- formed hereunder, and all persons performing same, and shall be solely responsible for the acts or omissions of its officers, agents, ser- vants, employees, contractors and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between CentrePort and the City, and the doctrine of respondeat superior shall have no application hereunder. X. CentrePort covenants and agrees that it shall not assign all or any part of this lease agreement, or any interest herein, without the prior written consent of the City, and any attempted assignment shall be void and unenforceable as to the City of Fort Worth. IN WITNESS ::HEREOF, the parties hereto have executed this agree- ment this `� � day of 1981. ATTEST: CITY OF FORT WORTH By: City Secretary of the City of ;'� rt— Fort Worth G5:" City Ma ger APPROVED AS TO FORM AND LEGALITY: Xyl-LLI�/ c/�✓T—�- City Attorney CENTREPORT JOINT VENTURE ATTEST: BY: CENTRE DEVELOPMENT CO., INC. Managing Joint Venture By: Secretary, Centre Development Craig A. nig t Co. , Inc. APPROVED BY CITY COUNCID Vice PrPsident f C ntre C -5 7�q DevelopKient, Inc. 2� City Secretary, J -4- City of Fort Worth, `Iyexas Mayor and Council Communication DATE REFERENCEsuB�ECT�EASE AGREEMENT FOR A SANITARY PAGE NUMBER SEWER LIFT STATION BETWEEN THE CITY OF 6/30/81 **C-5749 FORT WORTH AND CENTRE PORT JOINT VENTURE iota_ Council action on the proposed lease agreement described below is requested . On April 4, 1981 (MSC C-5640), the City Council authorized the City Manager to execute a Community Facilities Agreement (City Secretary Contract No. 11705) between the City of Fort Worth and CentrePort Joint Venture, acting through its Managing Venturer, Centre Development Co., Inc. Pursuant to the above contract, CentrePort is to furnish and install a temporary sewer lift station to lift the sewage produced in the area of development into the existing gravity sewer until construction of new sewer lines are completed; at completion,the need for a temporary sewer lift station will be eliminated. The City of Fort Worth, through the Water Department, owns a lift station which is not currently in service and which ,after repairs, will be suitable for use by CentrePort. This lift station is presently located at the Holly Water Treatment Plant. Being advantagous to both the City of Fort Worth and CentrePort, it is proposed a lease agreement be entered into for the repair and temporary use of this lift station subject to the following conditions: 1. The term of the lease is for a period of five years, or until such time as sewer lines eliminating the need for the lift station are installed; whichever occurs first. 2. Rental fee for the entire term of the proposed agreement for use of the lift station shall be Twenty-Five Hundred Dollars ($2,500), payable upon execution of the proposed lease agreement; 3. CentrePort will bear full cost and responsibility for restoration of the lift station to an operable condition at an estimated cost of $5,000; 4. CentrePort will bear full cost and responsibility for transporting the lift station from the Holly Treatment Plant to the intended location; and 5. CentrePort will bear full cost and responsibility for installation of the lift station at the designated location within CentrePort`s development. Upon execution of a lease agreement, and at all times prior to the acceptance of the lift station as a component of the City of Fort Worth sewer system, all costs for repair, maintenance and care of the lift station shall be at the expense and responsibility of CentrePort. At such time as the lift station becomes an operable component of the City of Fort Worth sewer system, all costs and responsibilities incurred thereafter for its operation, repair and maintenance will be borne by the City. DATE REFERENCE SUBJECT: LEASE AGREEMENT FOR A SANITARY PAGE NUMBER SEWER LIFT STATION BETWEEN THE CITY OF 6/30/81 **C-5749 FORT WORTH AND CENTRE PORT JOINT VENTURE Recommendation It is recommended that the City Manager be authorized to execute an agreement with CentrePort Development Co., Inc. for the lease of a City owned sanitary sewer lift station. RH:dj SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: ? ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: J. L. Robinson CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: J. L. Robinson ext. 8220 DATE