HomeMy WebLinkAboutContract 48905 CITY SECWTARY
CONTRACT NO. U�
LICENSE AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
THE FORT WORTH TRANSPORTATION AUTHORITY
This License Agreement("Agreement")is entered into this hjfiVtof, 2017 ("Effective
Date") by and between the City of Fort Worth, Texas, a home-rule municipal corporation of the State of
Texas ("City"), and the Fort Worth Transportation Authority ("FWTA").
WHEREAS, City owns a certain piece of property located at 2204 Brennan Drive, Fort Worth, Texas,
76106 ("Property"); and
WHEREAS, FWTA has requested, and the City agrees to grant to FWTA, the use of the Property in
accordance with the terms and conditions of this Agreement.
WITNESSETH:
1. Property; Use of Property,Property Access:
(a) City hereby grants FWTA the non-exclusive license for its contractors to use the Property
located at 2204 Brennan,Fort Worth,Texas 76106 (as specified in Exhibit"A") for a construction staging
and storage site as part of the TEX Rail project. In addition,FWTA's contractors shall be permitted to clear,
grade, palletize historic brick, fence, and secure the Property against entry by others. The City will clear
the Property of historic brick, designated dirt piles, salt bin ramp and three(3) light poles.
(b) Prior to use, FWTA and/or its contractors must supply to the City for approval a list of all
equipment and/or materials to be stored on the Property.
(c) Under no circumstances during the Agreement will FWTA and/or its contractors use or cause
to be used on the Property any hazardous or toxic substances or materials, or store or dispose of any such
substances or materials on the Property.
2. Condition of Lot. FWTA's and/or its contractors taking possession of the Property shall be
conclusive evidence that(a)the Property is suitable for the purposes and uses for which same are licensed;
and (b) waives any and all defects in and to the Property, its appurtenances, and in all the appurtenances
thereto.Further,FWTA and its contractors,through FWTA,take the Property and all appurtenances in"AS
IS" condition without warranty,expressed or implied,on the part of City. City shall not be liable to FWTA
or FWTA's contractors, agents, employees, invitees, licensees, or guests for any damage to any person or
property due to the Property or any part of any appurtenance thereof being improperly constructed or being
or becoming in disrepair.
3. Term. Subject to the earlier termination as hereinafter set forth, this Agreement shall be for a
term ("License Term")of 30 months,commencing on the Effective Date and expiring 30 months from the
Effective Date.
4. Renewal. This Agreement may be renewed for (2) two additional (1) one year terms upon
FWTA's 30 days written notice prior to expiration date and written agreement between the City and FWTA
to renew the Agreement.
OFFICIAL RECORD
CITY SECRETARY
1 FT.WORTH,TX g
License Agreement between City of Fort Worth and the Fort Worth Transportation Auth rit —2204 Brennan
9
5. License Fee; Public Purpose. In consideration of use of the Property for a construction staging
and storage site in support of the TEX Rail project which serves to carry out the public purpose of expanding
transportation options for citizens of Fort Worth by providing commuter rail within the City, the City
authorizes a waiver of license fees. To ensure the public purpose is being carried out, FWTA agrees to
provide a quarterly project update report, as described in Exhibit "B," to the Director of the Property
Management Department or that person's designee.
6.No Services.City shall not furnish FWTA or its contractors with any utilities,cleaning, lighting,
security, or any other items or services for the Property. All operating costs of Property shall be FWTA's
or its contractor's sole cost and expense.If FWTA and/or its contractors want or need any utilities,cleaning,
lighting, security, or any other items or services while occupying the Property, then FWTA and/or its
contractors shall first obtain permission, any required permits and approval from the City to contract, add
or install any of the above items and will be responsible for providing same at FWTA's and/or contractor's
sole cost.
7.Alterations,Additions,Improvements,and Approval of Plans.FWTA and its contractor shall
make no alterations,additions or improvements to the Property prior to submitting all plans,scope of work,
specifications, estimates for the costs of the proposed work in writing, and copies of all required permits
obtained and receive in writing approval from the City, or its designated representative ("City's
Representative"). FWTA's and/or its contractor's plans for construction for alterations, additions and
improvements shall conform in all material respects to the architectural and engineering standards and
conform to all federal, state and local laws, ordinances, rules and regulations in force at the time that the
plans are presented for review. City and/or City's Representative reserves the right to inspect all work
pursuant to its usual construction inspection procedures. FWTA shall provide a video of the existing
property condition to Proper Management Department, Lease Section, prior to start of alterations,
additions or improvements to the Property and upon completion of use of the property or termination of
use, a video of the property condition for approval by the City that the property is restored to acceptable
conditions.
FWTA is required to return the property to the City at the termination and/or expiration of this
Agreement to a condition acceptable to the City. The City reserves the right to conduct an inspection of the
Property prior to termination and/or expiration of this Agreement to determine if the Property is in
acceptable condition.Any additional alterations,repairs,etc.required to bring the Property to an acceptable
condition by the City is at the cost of FWTA.Any of City's Property adjacent to the Property that is damaged
during the course of performing any alterations, additions and improvements shall be repaired by FWTA
and/or its contractors and returned to its previous condition or better, at FWTA's and/or its contractors 's
sole cost and expense.
8. Indemnity. (a) TO THE EXTENT ALLOWED BY LAW, FWTA AND ITS CONTRACTOR
SHALL AND DOES AGREE TO INDEMNIFY, PROTECT,DEFEND AND HOLD HARMLESS CITY,
CITY'S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES,
(INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY
NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY
TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO
THE USE OR OCCUPANCY OF THE PROPERTY BY FWTA AND/OR ITS CONTRACTORS, ITS
EMPLOYEES, PATRONS,AGENTS,INVITEES,LICENSEES AND ANY OTHER PARTY OR(2)BY
REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED
OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON
THE PART OF FWTA,ITS CONTRACTORS OR ANY INVITEE,PATRON,LICENSEE,EMPLOYEE,
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF FWTA, ITS CONTRACTORS, OR
ANYONE WHO CONTROLS OR EXERCISES CONTROL OVER OR (3) BY ANY BREACH,
VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF FWTA OR ITS CONTRACTORS
UNDER THIS AGREEMENT (COLLECTIVELY, "LIABILITIES"), EVEN IF SUCH LIABILITIES
ARISE FROM OR ARE ATTRIBUTED TO THE CONCURRENT OR PARTIAL NEGLIGENCE OF
ANY INDEMNITEE.THE ONLY LIABILITIES WITH RESPECT TO WHICH FWTA'S OBLIGATION
TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY IS WITH RESPECT TO LIABILITIES
ARISING OUT OF OR RESULTING SOLELY FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE.IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT
BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR
CLAIM, FWTA, ON NOTICE FROM CITY, SHALL, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, DEFEND SUCH ACTION OR PROCEEDING AT FWTA'S EXPENSE BY OR
THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROVISIONS OF THIS
PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF FWTA AND/OR ITS CONTRACTORS
WITH RESPECT TO THE USE AND OCCUPANCY OF THE PROPERTY, WHETHER OCCURRING
BEFORE OR AFTER THE EFFECTIVE DATE OF THE LICENSE TERM AND BEFORE OR AFTER
THE TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE
LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE
POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER
EMPLOYEES'BENEFIT ACTS.
(b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR
HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE
INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS
ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO
AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO
BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH
LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL
CONTINUE IN FULL FORCE AND EFFECT.
(c) FWTA SHALL INCLUDE IN ITS CONTRACT WITH ITS CONTRACTORS AN
INDEMNITY PROVISION IN FAVOR OF THE CITY TO THE SAME EXTENT CONTAINED IN THIS
AGREEMENT.
9. Waiver of Liability.NO INDEMNITEE SHALL BE LIABLE IN ANY MANNER TO FWTA,
THEIR CONTRACTORS, ITS AGENTS, EMPLOYEES, PATRONS, CONTRACTORS, OR ANY
OTHER PARTY IN CONNECTION WITH THE USE OF THE PROPERTY BY ANY OF THEM, FOR
ANY INJURY TO OR DEATH OF PERSONS UNLESS CAUSED SOLELY BY THE WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE OF AN INDEMNITEE. IN NO EVENT SHALL ANY
INDEMNITEE BE LIABLE IN ANY MANNER TO FWTA, ITS CONTRACTORS OR ANY OTHER
PARTY AS THE RESULT OF THE ACTS OR OMISSIONS OF FWTA, THEIR CONTRACTORS, ITS
AGENTS,EMPLOYEES,CONTRACTORS,OR ANY OTHER PARTY,IN CONNECTION WITH THE
USE OF THE PROPERTY BY ANY OF THEM. ALL VEHICLES AND ALL PERSONAL PROPERTY
WITHIN VEHICLES USING THE PROPERTY, WHETHER PURSUANT TO THIS AGREEMENT OR
OTHERWISE SHALL BE AT THE RISK OF FWTA AND THEIR CONTRACTORS ONLY, AND NO
INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY
OF FWTA, ITS CONTRACTOR, ITS EMPLOYEES, AGENTS, PATRONS, INVITEE, OR TO
OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF
CITY OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT OR ANY OTHER
CAUSE OF WHATSOEVER NATURE, EVEN IF DUE IN WHOLE OR IN PART TO THE
NEGLIGENCE OF ANY INDEMNITEE.
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
10. Insurance. FWTA shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and
covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the
Property. FWTA shall obtain the following insurance coverage at the limits specified herein:
* Commercial General Liability:
$1,000,000.00 per occurrence
(including Products and Completed Operations);
In addition,during the term of this Agreement,FWTA shall be responsible for all insurance to any
approved construction, improvements, modifications or renovations on or to the Property and for personal
property of FWTA and/or its contractors,or in FWTA's or its contractor's care,custody or control.Insurance
requirements,including additional types and limits of coverage and increased limits on existing coverages,
are subject to change at City's option, and FWTA will accordingly comply with such new requirements
within thirty(30)days following notice to FWTA.
FWTA SHALL INCLUDE IN ITS CONTRACT WITH ITS CONTRACTORS THE
INSURANCE REQUIREMENTS TO THE SAME EXTENT CONTAINED IN THIS AGREEMENT
AND NAMING THE CITY AS AN ADDITIONAL INSURED. THE CITY IN ITS SOLE DISCRETION
MAY REQUIRE FWTA TO CONTRACT WITH THEIR CONTRACTORS TO PROVIDE GREATER
OR DIFFERENT INSURANCE THAN PROVIDED IN THIS AGREEMENT, AND FWTA AND ITS
CONTRACTORS MUST COMPLY WITH SUCH REQUIREMENTS WITHIN THIRTY (30) DAYS
FOLLOWING NOTICE TO FWTA.
As a condition precedent to the effectiveness of this Agreement, FWTA and its contractors shall
furnish City with a certificate of insurance signed by the underwriter as proof that it has obtained the types
and amounts of insurance coverage required herein.FWTA and its contractors shall not less than thirty(30)
days prior to the expiration of any insurance policy required hereunder,provide City with a new or renewal
certificate of insurance.In addition,FWTA and its contractors shall,on demand,provide City with evidence
that it has maintained such coverage in full force and effect. FWTA and its contractors shall maintain its
insurance with underwriters authorized to do business in the State of Texas and which are satisfactory to
City. The policy or policies of insurance shall be endorsed to cover all of FWTA's and its contractor's
operations on the Property and to provide that no material changes in coverage, including, but not limited
to, cancellation, termination, non-renewal or amendment, shall be made without thirty (30) days' prior
written notice to City.
11. Abandoned Property. FWTA's and its contractor's personal property not promptly removed
by FWTA or its contractors from the Property at the termination of this Agreement, whether termination
shall occur by the lapse of time or otherwise, shall thereupon be conclusively presumed to have been
abandoned by FWTA and its contactors to City. Fixtures attached to the Property become the property of
City, if not removed as required herein.
12. Assignment and Subletting. FWTA shall not assign this Agreement, or any right of FWTA
under this Agreement, or sublet the Property without City approval, for consideration or no consideration,
whether voluntarily,by operation of law,or otherwise,and any attempt to do so shall be void,and any such
attempt shall cause immediate termination of this Agreement.
13. Damage to Lot or Property of City. If, at any time during the License Term, by the acts or
omissions of FWTA or its contractors, its employees, patrons, agents, invitees, or licensees, the Property,
or any property therein is damaged or destroyed, FWTA shall be obligated to pay, on demand, all costs to
repair same together. If FWTA and/or its contractors expose,spill or dispose of any fuel, hazardous and/or
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
toxic materials or substances to or on the Property, FWTA is responsible to have the Property thoroughly
cleaned and tested to ensure the Property cleanup has been completed per the Texas Commission of
Environmental Quality and the Fort Worth Environmental Department standards.
14. Repairs and Maintenance. City has no obligation to make repairs of any sort to the Property,
City's sole obligation hereunder being to make the Property available to FWTA in accordance with and
subject to the covenants, restrictions and limitations set forth herein. FWTA and its contractors shall, at
their expense, use and maintain the Property 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).At the termination of this Agreement,whether by lapse of time or otherwise,FWTA
and contractors shall deliver the Property to City in as good a condition as the same was as of the date of
the taking of possession thereof by FWTA,ordinary wear and tear only excepted.Only those improvements
authorized by City under Section 7 of this Agreement shall remain upon any expiration or termination of
this Agreement.
15. Severability. If any clause or provision of this Agreement is or becomes illegal, invalid or
unenforceable because of present or future laws or any rule or regulation of any governmental body or
entity, effective during the License Term, the intention of the parties hereto is that the remaining parts of
this Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the City,
essential to the rights of both parties, in which event City has the right, but not the obligation,to terminate
the Agreement on written notice to FWTA.
16. Default and Termination.
(a) FWTA's Default. If FWTA or its contractors shall fail to perform or observe any of its
obligations hereunder then City may terminate this Agreement by giving FWTA written notice thereof, in
which event this Agreement and all interest of FWTA hereunder shall automatically terminate. Such rights
of City in the case of a default by FWTA hereunder are not exclusive, but are cumulative of all other rights
City may have hereunder,at law or in equity;and any one or more of such rights may be exercised separately
or concurrently to the extent provided by law.However,notwithstanding the foregoing,City shall terminate
FWTA's rights under this Agreement only in the event of a default by FWTA hereunder.
(b) City's Default. Should City commit a default under this Agreement(including but not limited
to City's failure to make the Property available), FWTA may, as its sole remedy hereunder, terminate this
Agreement, and FWTA hereby waives any and all other remedies for any such default by City.
(c) Termination for Convenience. Either party may terminate this Agreement with sixty (60)
days' written notice to the other party.
17. Notice. Any notice hereunder must be in writing. Notice deposited in the United States mail,
properly addressed,postage paid, shall be effective-upon deposit.Notice given in any other manner herein
shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the
parties shall, unless changed as hereinafter provided,be as follows:
To City: To FWTA:
City of Fort Worth Fort Worth Transportation Authority
Lease Management 801 Cherry Street, Suite 850
Property Management Department Fort Worth, TX 76102-6720
900 Monroe, Suite 400 Attn: Paul J. Ballard, President/CEO
Fort Worth, TX 76102
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
With copies to:
City of Fort Worth
Assistant City Manager
for Property Management
200 Texas St.
Fort Worth,TX 76102
And
City of Fort Worth
City Attorney's Office
200 Texas St.
Fort Worth, TX 76102
The parties hereto shall have the continuing right to change their respective address by giving at
least ten(10)days' notice to the other party.
18. Audit. Pursuant to Chapter 2, Article IV, Division 3, Section 2-134, Administration, Powers
and Duties of the Department of Internal Audit, of the Code of Ordinances of the City of Fort Worth, City
shall, until the expiration of three (3) years after final payment under this Agreement, have access to and
the right to examine at reasonable times any directly pertinent books, documents, papers and records of
FWTA involving transactions relating to this Agreement at no additional cost to the City. FWTA agrees
that the City shall have access during normal working hours to all necessary FWTA facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the provisions
of this section. The City shall give FWTA not less than ten(10)days written notice of any intended audits.
FWTA further agrees to include in all its contractors and subcontractors agreements hereunder a
provision to the effect that the contractors and subcontractors agree that the City shall, until expiration of
three(3)years after final payment of the subcontract,have access to and the right to examine at reasonable
times any directly pertinent books, documents, papers and records of such subcontractor involving
transactions related to the subcontract,and further that City shall have access during normal working hours
to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this paragraph. City shall give subcontractor not less than ten
(10)days written notice of any intended audits.
19. Entire Agreement. This Agreement constitutes the entire agreement between City and FWTA
relating to the use of the Property and no prior written or oral covenants or representations relating thereto
not set forth herein shall be binding on either party hereto.
20. Amendment. This Agreement may not be amended, modified, extended, or supplemented
except by written instrument executed by both City and FWTA.
21. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original, but all of which shall constitute but one and the same document.
22. Governmental Powers. It is understood and agreed that by execution of this Agreement,
neither the City nor FWTA waives or surrenders any of their respective governmental powers or
immunities.
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity, is brought on the basis of
this Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
In witness whereof,the parties hereto have caused this Agreement to be executed as the day and year first
above set forth.
CITY:
By:
Jesus J. Chapa
Assistant City Manager
Date:
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 requirements.
Name:
Title:
APPROVED Ar FORM AND LEGALITY:
By: /�Z
_ 4j �\Jessica San vang
Assistantit Attorney II
ATTEST:
Mary Kayser �
Ar)"
City Secretary P
Form 1295:Not applicable 'tf+
Contract Authorization:
M&C: L-15985
Date: January 24,2017
FORT W H TRANSPORTATION AUTHORITY: ®r-FICIAL RV-CORD
/ CITY SECRETARY
By:
•VIOR1141 YX
Title: ?reS�denk I Cho
7
License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
EXHIBIT A
PARCEL No.580-TE
LEGAL DESCRIPTION
TEMPORARY STAGING AREA
BEING 0.808 acre of land located in the EDMUND LITTLE SURVEY,Abstract No.954,
Fort Worth, Tarrant County, Texas, and being a portion of Lot 1, Block 1, Brennan
Avenue Service Center,according to the plat recorded in Cabinet A,Slide 835,of the
Plat Records of Tarrant County,Texas.Said 0.808 acre of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point lying in the South boundary line of said Lot 1, Block 1,being
located S 88'46'00"E 52.25 feet,from the Southwest corner of said Lot 1,Block
1,and also being located S 88°46'00'E 50.25 feet,from a 5/8"iron rod found,being
a 2 foot reference to the Southwest corner of said Lot 1,Block 1;
THENCE NORTHWESTERLY 131.10 feet, along a curve to the left,
having a radius of 2312.06 feet,a central angle of 03°14'56",and a chord bearing
N 33°59' 57"W 131.09 feet,to a point in the west boundary line of said Lot 1,
Block 1;
THENCE along the West boundary line of said Lot 1,Block 1,as follows:
1. N 11°08'03"E 35.03 feet,to a point;
2. S 89°37'13"W 15.38 feet,to a point;
THENCE N 17'27'59"E 149.65 feet,to a point;
THENCE S 40`30'13"E 246.98 feet,to a point;
THENCE S 00°06'07"W 100.56 feet,to a point;
THENCE N 88'46'00"W 123.26 feet,along the South boundary line of said Lot
1, Block 1, to the POINT OF BEGINNING, containing 0.808 acre (35,218 square
feet)of land.
Page 1 of 2
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8
License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
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License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
Exhibit B
TEXRail Quarterly Construction Update
• Current construction activities:
o Estimate completion date
• Next construction actions:
o Estimated start date
o Estimated completion date
• Percent of entire project completed:
o Estimated completion date for entire project
Submitted by:
Date:
10
License Agreement between City of Fort Worth and the Fort Worth Transportation Authority—2204 Brennan
M&C Review Page I of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FaRr1
COUNCIL ACTION: Approved on 1/24/2017
DATE: 1/24/2017 REFERENCE ,L-15985 LOG NAME: 212204BRENNANAVENUE
NO.:
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a License Agreement Between the City of Fort Worth and the Fort
Worth Transportation Authority for Temporary Use of the Property Located at 2204
Brennan Avenue, Fort Worth, Texas 76106 for a Construction Staging and Storage Site
for the TEX Rail Project and Authorize a Waiver of Fees (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a License Agreement between the City of Fort Worth and the Fort
Worth Transportation Authority for temporary use of the property located at 2204 Brennan Avenue,
Fort Worth, Texas 76106 for a construction staging and storage site for the TEX Rail Project;
2. Authorize a waiver of license fees; and
3. Find that the waiver of such fees serves to carry out the public purpose of support of the TEX Rail
Project, which includes expanding transportation options for residents of Fort Worth and providing
commuter rail within Fort Worth, and that adequate controls are in place through the Property
Management Department to carry out such public purposes.
DISCUSSION:
Approval of this Mayor and Council Communication authorizes the City of Fort Worth (City) and the
Fort Worth Transportation Authority (FWTA) to enter into a License Agreement for a term of 30
months with the option to renew the Agreement for two additional successive 12-month terms for use
of the property located at 2204 Brennan Avenue, Fort Worth, Texas 76106. The property will be used
for a construction staging and storage site for the TEX Rail Project. TEX Rail is a 27-mile commuter
rail project being developed by FWTA and will be the next passenger rail service coming to the City
and Tarrant County. The service is projected to have more than 13,600 daily riders using nine rail
stations at full build out.
This project serves a public purpose of expanding transportation options for residents of Fort Worth
and provides commuter rail within the City. Staff recommends waiving the license fee in support of
the TEX Rail project. The City's Property Management Department will be responsible for evaluating
whether the public is being served by partnering on this endeavor and monitoring the project to
confirm the public purpose is continuously being carried out. FWTA will provide the City a quarterly
report detailing the construction progress of the TEX Rail Project, which will include current
construction activities; estimated completion dates; future construction activities and estimated dates
and percent of entire project completed.
This project is located in COUNCIL DISTRICT 2.
This contract will be with a governmental entity, state agency or public institution of higher education:
Fort Worth Transportation Authority.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24135&councildate=1/24/2017 3/29/2017
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that no significant impact to the City's Fiscal Year 2017 Budget will
occur upon approval. The waiving of the fees for the temporary use of the property is estimated at a
value of$5,000.00 per month, or$150,000.00 for the thirty month duration of the initial Agreement.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Mark Brown (5197)
Jean Petr (8367)
ATTACHMENTS
2204BrennanAve.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24135&councildate=1/24/2017 3/29/2017