HomeMy WebLinkAboutContract 47502 CITY
I Y SE. J A-W
CO a .
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF FORT WORTH AND
FORT WORTH INDEPENDENT SCHOOL DISTRICT
FOR PROPERTY INTERESTS NEAR FARRINGTON FIELD
This Memorandum of Understanding ("MOU") is by and between the City of Fort Worth,
a Texas municipal corporation ("City") and the Fort Worth Independent School District
("FWISD"), and is entered into to be effective as of February 1, 2016.
WHEREAS, the City's Master Thoroughfare Plan has contemplated relief of traffic flow
around West 7th Street, University Drive and West Lancaster Avenue since the 1990s, with plans
for a right-of-way extension of Trail Drive (formerly known as Harley Avenue) to West
Lancaster Avenue, as shown on the concept plan on the attached Exhibit "A" ("Trail Drive
Extension"), so as to reduce traffic flow at the intersections of West Lancaster and University,
and West 7th Street and University.
WHEREAS, the extension of Trail Drive to West Lancaster Avenue would traverse the
Farrington Field properties, owned by FWISD as described below, thereby requiring FWISD to
grant an easement for a dedicated roadway to the City, as shown on the metes and bounds
description attached as Exhibit "B" ("Easement Property").
WHEREAS, the Easement Property is mostly located on a 17.02 acre tract of land located
at the southwest corner of the intersection of Lancaster Avenue and Foch Street, deeded to
FWISD by the City on December 1, 1937 in a deed recorded in Volume 1348, Page 232, Tarrant
County Real Property Records and attached hereto as Exhibit "C" (the "Field House Property"),
which deed had a.reverter benefitting the City upon sale or upon certain leases or rentals, and
otherwise requiring FWISD to only lease or rent property for "parking, athletic, recreational,
stadium and other general and similar purposes incidental to and in connection with" Farrington
Field (the "Reverter");
WHEREAS, the Easement Property is partially located on a 19 acre tract of land located
at the southeast corner of the intersection of Lancaster Avenue and University Drive, deeded to
FWISD by the City on February 28, 1936 in a deed recorded in Volume 1281, Page 499, Tarrant
County Real Property Records and attached hereto as Exhibit "D" (the "Stadium Property"),
which deed has no reverter benefitting the City, and in combination with the Field House
Property comprise the Farrington Field properties.
WHEREAS, City released the Reverter with regard to the Field House Property in that
certain document titled Release of Possibility of Reverter/Payment of Proceeds, entered into by
the parties as of April 6, 2001, recorded in Volume 14837, Page 364, Tarrant County Real
Property Records ("Property Proceeds Agreement"). In consideration of the release of Reverter,
FWISD agreed to pay to the City an amount equal to a portion of the proceeds from a disposition
of all or any part of the Field House Property.
MOU Regarding Trail Drive Extension
Farrington Field OFFICIAL RECORD
Page 1 of 8 CITY SECRETARY
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. FWISD agrees to conditionally dedicate an easement to the City over the Easement
Property to use by the City and the general public for the Trail Drive Extension and for
the purpose of public right-of-way, utilities, and related infrastructure. The conditions to
the easement shall be as follows:
a. The City's approval and execution of the amendment to the Property Proceeds
Agreement described in paragraph 15.
b. The FWISD's final approval of any final design plans and construction drawings
(or any revisions thereto) following collaboration on conceptual and/or schematic,
preliminary and intermediate design; provided, however, that the input by FWISD
on the collaboration for the design elements shall be consistent with the
provisions of this MOU and the amount reasonably budgeted as necessary for the
construction of the Trail Drive Extension by the City Council of the City, and
FWISD's final approval under this Section 1(b) shall not be unreasonably
conditioned, withheld or delayed and shall be provided if final design plans and
construction drawings are in substantial compliance with the collaborative
conceptual and/or schematic, preliminary and intermediate design.
c. If the City or County has not begun construction by January 1, 2021, which date
may be extended in writing by the parties, the easement shall terminate and the
Easement Property shall revert to and vest in the FWISD.
d. If the City or County fail to finally complete construction of the Trail Drive
Extension within three (3) years of the commencement of construction or fail to
complete construction in substantial compliance with the approved final design
plans and construction drawings and fail to commence to cure such failure within
30 days of receipt of written notice to the City of any such failure, the easement
shall terminate and the Easement Property, including any improvements on,
under, or above the Easement Property, shall revert to and vest in the FWISD,
subject to the rights of any utility providers in the right-of-way. Provided,
however, that the Easement Property shall not revert to and vest in FWISD if City
or County obtains written approval from FWISD to (i) perform the construction in
phases that may exceed a total of three (3) years to complete all phases or (ii)
extend the three (3) year time limit in this Section 1(d), but in either case, the
Easement Property shall revert and vest in the FWISD upon failure to finally
complete the Trail Drive Extension by the agreed final phase completion date or
the extended time limit date. Further, construction shall not be considered to have
commenced in the event of an early works package (where construction of the
Trail drive Extension has commenced on property other than the Easement
Property or any construction on the Easement Property is incidental to such
construction and not material) by the City or County that is approved in writing
by FWISD.
MOU Regarding Trail Drive Extension
FaiTington Field
Page 2 of 8
e. If the Easement Property ceases to be used for any purpose other than a public
street and uses incidental thereto, the easement shall terminate and the Easement
Property, including any improvements on, under, or above the Easement Property,
shall revert to and vest in the FWISD, subject to the rights of any utility providers
in the right-of-way.
f. The easement to the City over the Easement Property shall be without warranty
and subject to all existing easements or rights-of-way, utilities, liens or other
encumbrances.
2. FWISD will not be responsible for any costs associated with the survey and all related
design and engineering work to produce final construction documents and specifications
for the Trail Drive Extension.
3. FWISD will provide the necessary real property to City for the street right-of-way and
easement not to exceed 1.792 acres or 78,059.52 square feet, which may be adjusted in
location or increased in size by mutual agreement upon plan development indicating a
different or larger area required for the Trail Drive Extension and related improvements
or may be adjusted in location or decreased in size by mutual agreement upon plan
development indicating a different or smaller area required for the Trail Drive Extension
and related improvements due to the impact of the street on development for the
remainder of the Field House Property.
4. The City will not pay the FWISD compensation for the Easement Property, and will not
pay the FWISD compensation for any impact or damage to the remainder of the FWISD's
adjacent property.
5. The costs associated with the development of the plans and construction drawings will be
at the City's expense for the City's consultants, including, but not limited to architects,
engineers, and surveyors, and at FWISD's expense for the FWISD's consultants to
collaborate on plan development and to otherwise determine the effect of the Trail Drive
Extension.
6. The design for the street and related infrastructure will seek to minimize the impact on all
of the FWISD's adjacent property, generally, and to minimize the impact to future
development of the Field House Property.
7. The Trail Drive Extension will not be designed as a major thoroughfare and will consist
of one lane each direction with possibly a center median and integrated turn lanes as
needed. Notwithstanding this provision, it is expected and agreed that additional through-
lanes may be appropriate and are permitted at the intersections with University Drive and
Lancaster Drive, contingent upon final design approval.
8. The street portion of the Trail Drive Extension will be bordered by sidewalks for
pedestrians, be lit by appropriate streetlamps, and the median will be landscaped with
trees and grass or other perennials to provide a "boulevard" effect.
MOU Regarding Trail Drive Extension
Farrington Field
Page 3 of 8
9. The street portion of the Trail Drive Extension will be accessible by an appropriate (and
to be agreed-upon) number of curb cuts and driveway aprons for access onto the
FWISD's adjacent property.
10. City will incorporate appropriate (and an agreed upon number of) crosswalks to connect
FWISD's property that is adjacent to and located on both sides of the Trail Drive
Extension.
11. The Trail Drive Extension will incorporate controlled access gates which may be closed
for special events or opened for special events (as the case may be) and pursuant to
further discussion and agreement between the City and the FWISD regarding design and
limitations on access closure.
12. The design, construction, reconstruction and ongoing repair and maintenance of the
street, sidewalk, lighting, and related utilities and infrastructure on the Easement Property
will be at the sole expense of the City.
13. City and FWISD will discuss and agree upon any appropriate vehicle type or weight
restrictions for the Easement Property.
14. The City and FWISD will undertake those steps necessary whether by instrument
dedication to the public, status as an additional insured on applicable policies, or
otherwise, to ensure the FWISD is not legally liable for the design, construction, re-
construction, maintenance, or vehicular, bicycle or pedestrian use or accidents arising
from or related to the use of the Trail Drive Extension and related infrastructure.
15. The City agrees to enter into amendments to the Property Proceeds Agreement in order to
facilitate FWISD's investment in the Field House Property. The first amendment shall
exclude the fair market value of any improvements constructed on the Field House
Property from the requirement of the payment of proceeds to the City, and the payment of
proceeds shall be limited to the Fair Market Value, as defined in the Property Proceeds
Agreement, of the land only. Accordingly, the amendment will amend paragraph 2(c)
regarding "Net Proceeds" to provide that "Net Proceeds" means the Proceeds from a
Disposition less "(iii) the Fair Market Value of any improvements on the date of
Disposition whether such improvements consist of the existing Field House or parking
improvements or any improvements to the Field House Property made after the date of
this MOU and the related amendment to the Property Proceeds Agreement. No other
costs, expenses, or obligations may be assessed against Proceeds to arrive at a
determination of the City's Share of Net Proceeds." The second amendment will permit
the FWISD to enter into marketable leases for the Property or any improvements to the
Property that more clearly fall short of a legal transfer or conveyance of the fee interest in
the Property. Accordingly, the amendment will amend paragraph 2(d) to provide:
"`Subject Lease' means any lease other than a lease with a term of twenty (20) years or
less, including all renewals, extensions, and leases to any affiliate of the lessee."
MOU Regarding Trail Drive Extension
Farrington Field
Page 4 of 8
16. FWISD agrees to consult with the City regarding opportunities for additional storm water
mitigation prior to the construction of any new facilities on the Field House Property.
17. FWISD intends, but is not obligated, to incorporate funding (estimated by FWISD to be
$950,000 in 2014 dollars) into future capital plans to construct parking improvements for
bus/handicap facilities, the south lot, and the plaza at the eastern stadium entrance. The
City will not participate financially in these improvements; however, the City will ensure
that design of the street facility incorporates necessary connectivity.
18. The term of this MOU shall begin effective February 1, 2016, and shall continue until the
earlier of (i) January 1, 2021, or (ii) the date upon which both the easement document
referenced in Section 1 and the amendment to the Property Proceeds Agreement
referenced in Section 15 are fully executed by the parties.
19. Each party, in performing its obligations hereunder, or in funding the performance of its
obligations, shall condition performance or related payments (i) subject to appropriations
by the governing body of the party and (ii) from current revenues legally available to that
party.
20. No party may make, revise, alter, or otherwise diverge from the terms, conditions or
policies which are subject to this MOU without a written amendment to this MOU.
Changes to this MOU are subject to the approval of the City and FWISD's legal advisors
and Board of Trustees.
21. No right or remedy granted herein or reserved to the parties is exclusive of any other right
or remedy herein by law or equity provided or permitted but each shall be cumulative of
every other right or remedy given hereunder. The failure of any party hereto to exercise
the rights granted them herein upon the occurrence of any of the contingencies set forth
in this MOU shall not in any event constitute a waiver of any such rights upon the
occurrence of any such contingencies.
22. Any notice under this MOU shall be in writing and shall be deemed to have been served
if(i) delivered in person to the address set forth below for the party to whom the notice is
given, (ii) placed in the United States mail, return receipt requested, addressed to such
party at the address specified below, or (iii) deposited into the custody of Federal Express
Corporation to be sent by FedEx Overnight Delivery or other reputable overnight carrier
for next day delivery, addressed to the party at the address specified below, provided that
the transmission is confirmed by telephone on the date of the transmission.
MOU Regarding Trail Drive Extension
Farrington Field
Page 5 of 8
City of Fort Worth With a copy to:
1000 Throckmorton Street Leann Guzman
Fort Worth, T as 76102 City Attorney's Office
Attention: us 4!g A)a nom— City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Fort Worth Independent School District With a copy to:
Superintendent Valerie A. Carrillo
100 N. University Chief Legal Counsel
Fort Worth, Texas 76107 Fort Worth Independent School District
100 N. University, Suite S W 172
Fort Worth, Texas 76107
From time to time either party may designate another address under this MOU by giving
the other party advance written notice of the change.
23. This MOU and all materials and/or issues collateral thereto shall be governed by the laws
of the State of Texas applicable to contracts made and performed entirely therein. Venue
to enforce this MOU shall lie exclusively in Tarrant County, Texas.
24. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this MOU are for any reason held to be invalid,
void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants conditions or any other part of this MOU shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
25. FWISD agrees that the City shall and the City agrees that FWISD shall, until the
expiration of three (3) years after termination of this MOU, have access to and the right
to examine any directly pertinent books, documents, papers and records of FWISD or the
City involving transactions relating to this MOU. FWISD and the City agree that each
shall have access during normal working hours to all necessary FWISD and City facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. The City and FWISD shall give each
other reasonable advance notice of intended audits. The City and FWISD shall be
responsive for its own respective costs in conducting an audit.
26. If either party is unable, either in whole or part, to fulfill its obligations under this MOU
due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or emergency by the federal, state, county, or City government in accordance
with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by
MOU Regarding Trail Drive Extension
Farrington Field
Page 6 of 8
the United States Department of Homeland Security or any equivalent alert system that
may be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such Force Majeure Event. If a
Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the
opening of its community centers, parks, or other City-owned and operated properties and
facilities in the interest of public safety and operate them as the City sees fit. FWISD
hereby waives any claims it may have against the City for damages resulting from any
such Force Majeure Event.
27. In the event no funds or insufficient fiends are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period to continue or complete
construction that has commenced on the Trail Drive Extension, then the City will
immediately notify FWISD of such occurrence and this contract shall be terminated on
the last day of the fiscal period for which appropriations were received without penalty or
expense to the City of any kind whatsoever.
28. This written instrument (together with any attachments, exhibits, and appendices)
constitutes the entire understanding between the Parties concerning the obligations to be
performed hereunder, and any prior or contemporaneous, oral or written agreement that
purports to vary from the terms hereof shall be void.
29. Both parties agree and understand that neither the City nor FWISD waives or surrenders
any of its governmental powers by execution of this MOU.
30. The failure of either party to insist upon the performance of any term or provision of this
MOU or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's or FWISD's right to assert or rely on any such term
or right on any future occasion.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
MOU Regarding Trail Drive Extension
Farrington Field
Page 7 of 8
CITY OF FORT WORTH
By:
s Alanis
Assistant City Manager
`h
ATTEST Of F�°®� ,
4° ;
.k� e
Mary J. Ka r °% o`
City Secretary,
APPROVED AS TO FORM AND LEGALITY
1
ssistant City Attorney
FORT WORTH INDEPENDENT SCHOOL DISTRICT
By:
Name: ic-Lox-k%- �ck,
Title: C c`r J� Pr s:c(e r
OFFICUAL RECOR®
Cf-�0 u'l C;RET'A
MOU Regarding Trail Drive Extension
Farrington Field
Page 8 of 8
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTIVORT11
COUNCIL ACTION: Approved on 1/12/2016
DATE: 1/12/2016 REFERENCE NO.: L-15854 LOG NAME: 21 TRAIL DRIVE
EXTENSION
CODE: L TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Memorandum of Understanding with the Fort Worth
Independent School District Providing for a Right-of-Way Easement to the City of Fort
Worth for the Extension of Trail Drive Located South of Lancaster Avenue and East of
University Drive and Providing for a First Amendment to the Release of Possibility of
Reverter/Payment of Proceeds Agreement Between the Parties to Clarify the Payment of
Proceeds to the City of Fort Worth (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Memorandum of Understanding with the Fort Worth Independent School
District providing for a right-of-way easement to the City of Fort Worth for the extension of Trail Drive
located south of Lancaster Avenue and east of University Drive and providing for a First Amendment to the
Release of Possibility of Reverter/Payment of Proceeds Agreement between the parties to clarify the
payment of proceeds to the City of Fort Worth;
2. Authorize the acceptance of approximately 1.792 acres of land for a right-of-way easement for the
extension of Trail Drive located south of Lancaster Avenue and east of University Drive from Fort Worth
Independent School District;
3. Authorize the City Manager or his designee to accept the conveyance and record the appropriate
instrument; and
4. Authorize the execution of a First Amendment to the Release of Possibility of Reverter/Payment of
Proceeds Agreement between City of Fort Worth and Fort Worth Independent School District to amend the
payment of proceeds to the City of Fort Worth to exclude fair market value of any improvements from the
proceeds to the City of Fort Worth.
DISCUSSION:
The City of Fort Worth (City), Tarrant County and Fort Worth Independent School District (FWISD) have
worked together to successfully resolve the existing traffic flow challenges in the West 7th Street, University
Drive and West Lancaster Avenue area. In order to relieve congestion and increase mobility, resources
from each entity will be combined in order to build the extension of Trail Drive eastward from University
Drive to West Lancaster Avenue near Farrington Field.
Staff recommends that FWISD and the City enter into a Memorandum of Understanding (MOU) to set forth
the terms by which the FWISD will dedicate to the City approximately 1.792 acres of land as described
below (the Easement Property) for a right-of-way easement upon which the Trail Drive extension will be
built.
Parcel Grantor Legal Description
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21636&councildate=1/12/2016 2/16/2016
M&C Review Page 2 of 3
1 Fort Worth Right-of-Way Easement on 1.792 Acres of land out of the
ISD Josiah M.C. Lynch Survey, Abstract 955
Construction of a portion of the proposed roadway will likely require finding a suitable alternative property to
relocate the City's Parks and Recreation Department's maintenance facilities that currently operate at the
north end of Trinity Park. Additional usable parkland and improved visibility of the historic Van Zandt
Cottage are potential benefits to the new roadway extension and relocation.
The MOU will stipulate that the dedication of the easement is subject to the following conditions:
1. The Easement Property will revert to FWISD if(i) construction on the Trail Drive extension does not
begin by January 1, 2021, or another date mutually extended by the parties; or (ii) the Easement Property is
used other than for a public street;
2. The design for Trail Drive must meet certain specifications, including minimizing impact to FWISD's
adjacent property, not a major thoroughfare, one lane in each direction, the possibility of a center median
and integrated turn lanes as needed, bordered by sidewalks and trees, lit by streetlamps and accessible by
an appropriate number of curb cuts and driveway aprons and crosswalks to connect FWISD's adjacent
property on both sides of the street; and
3. The Trail Drive extension will have controlled access gates that can be opened and closed for special
events at Farrington Field, subject to further discussion and Agreement by the parties.
The MOU will also provide for the amendment to the Release of Possibility of Reverter/Payment of
Proceeds Agreement (Property Proceeds Agreement), which relates to the larger parcel of property where
the Easement Property is located, which larger parcel was deeded to FWISD from the City in 1937. The
City had conveyed the larger parcel to FWISD subject to a reverter requiring FWISD to use the larger parcel
only for"parking, athletic, recreational, stadium and other general and similar purposes" in connection with
Farrington Field, or the property would revert back to the City.
The Property Proceeds Agreement releasing that reverter was entered into on April 6, 2001 as part of the
settlement of a lawsuit between FWISD and the City (authorized in M&C G-13198 on April 3, 2001) related
to a 1936 revenue sharing arrangement between the parties for revenues from taxation of Southwestern
Bell Telephone facilities within the City limits. The Property Proceeds Agreement provided that the City
would release the reverter and, in exchange, would retain a portion of the proceeds from a disposition by
FWISD of all or any part of the larger parcel. The City's share would be 50 percent of Net Proceeds defined
as sales price, less the cost of the improvements or the Fair Market Value of the improvements, whichever
is less.
The MOU will call for the execution of an amendment to the Property Proceeds Agreement to exclude the
Fair Market Value of the improvements, including the existing field house from the proceeds to the
City. Staff recommends the amendment to the Property Proceeds Agreement.
The property is located in COUNCIL DISTRICT 9, Mapsco 363-C1.
This contract will be with a governmental entity, state agency or public institution of higher
education: FWISD.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
TO
Fund Department Account Project f Program I Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21636&councildate=1/12/2016 2/16/2016
M&C Review Page 3 of 3
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Additional Information Contact: Deanna Cody (8379)
ATTACHMENTS
21TRAIL DRIVE EXTENSION MAP.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21636&councildate=1/12/2016 2/16/2016