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HomeMy WebLinkAboutContract 48940 f CITY SECRETARY >J CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND TARRANT COUNTY FOR THE TRANSFER OF ECHO LAKE PARK This INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation, (hereafter called "City") and TARRANT COUNTY, a political subdivision of the State of Texas, (hereafter called "County") as of 3 , 2017 ("Effective Date"). RECITALS 1. This Agreement is made under the authority granted to City and the County by and pursuant to Texas Government Code Chapter 791,known as the INTERLOCAL COOPERATION ACT, which provides, in part, that a local government may contract with another local government to perform governmental functions and services as defined therein. 2. The purpose of this Agreement is to set forth the terms and conditions for the transfer of ownership of Echo Lake Park,as more particularly described herein,from County to City. 3. City and County find that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; 4. By its adoption of M&C L-16015 on March 21, 2017, the City Council of the City authorized this Agreement. 5. The County's Commissioner's Court has approved this Agreement at its meeting of March 28,2017 by Commissioners Court Communication. NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT In consideration of the mutual covenants in this Agreement,County and City agree as follows: Section 1. Conveyance. County agrees to convey to City and City agrees to accept from County, on and subject to the terms and conditions set forth in this Agreement, Echo Lake Park, as more particularly described in the survey attached hereto as Exhibit "A" (the "Property"), together with the mineral interest, any Interlocal Between City and Tarrant County For Echo Lake Transfer Page 1 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTIi,TX improvements, easements, rights-of-way, privileges, licenses, interests, and rights appurtenant thereto. Section 2. Agreements and Reports. Within three (3) days after the Effective Date, County shall deliver to City for City's review any and all environmental or engineering reports and studies in County's possession concerning the Property ("Reports") and all existing contracts related to the Property, including but not limited to agreements with any railroad, grant agreements, and vendor or concession agreements ("Existing Agreements"). Section 3. Inspections and Tests. City, at City's sole cost and risk, shall have the right to enter into and upon the Property,or any portion thereof,for the purpose of performing and conducting environmental surveys, tests, soil borings, analysis, audits, studies and investigations, as City deems appropriate from time to time and at any time prior to the transfer of the Property. Section 4. Uses of Park Following Conveyance. (a) After the date of conveyance, County shall have a license to enter upon the property for all purposes related to the County's obligation of continued operation and maintenance of the park and the Property through September 30, 2017 ("County Operation Period"). (b) County may continue to allow Southside Little League(SSLL)use of all fields through summer of 2017. Currently no formal agreement exists between SSLL and County for use of the five (5) ballfrelds on site. The Commissioners Court of the County approved a request on April 1, 2003 by the SSLL to name a baseball field in Echo Lake Park in honor of Tony Cervantes, through the Commissioners Court Communication attached hereto as Exhibit"D". (c) County shall not enter into any new agreements nor grant any new approvals for the use or naming of the Property that extends beyond the date of the conveyance without the express written approval of City. (d) County shall repair all storm water and drainage issues associated with the east side of the dam located on the Property, as set forth in Exhibit `B", to the reasonable satisfaction of City's TPW — Storm Water Division and the UP Railway, and in accordance with Texas Commission on Environmental Quality (TCEQ) requirements. The parties agree that this obligation shall continue until completed, notwithstanding the County Operation Period, provided that the repairs required under this Section 4(d) shall be completed by no later than September 30, 2017, unless extended by mutual agreement of the parties in writing. Section 5. DELETED BY AGREEMENT OF THE PARTIES Section 6. Conveyance. Closing shall occur on or before May 1, 2017. (a) The parties agree as to the current condition of the Property, which as of the date of the execution of this Agreement is as set forth in the Property Assessment attached hereto as Exhibit`B". Interlocal Between City and Tarrant County For Echo Lake Transfer Page 2 of 14 (b) At the Closing, all of the following shall occur, all of which are deemed concurrent conditions: (1) County agrees to deliver at County's sole cost and expense, and City agrees to accept and execute the following: (i) A Deed Without Warranty("Deed"), fully executed and acknowledged by County, conveying title to the Property to the City, including the mineral interest(as required by the TPWD grants); (ii) Documents assigning all easements affecting the Property, including but not limited to the Maintenance and Access Easement between Hector Rodriguez and Elba Rodriguez, as grantor, and County,as grantee,recorded as Instrument Number D212226682 in the Real Property Records of Tarrant County. County agrees to execute any necessary documents to effect the assignment; (iii) Three(3)Texas Parks and Wildlife Department("TPWD")grants,with Project Numbers 48-00295, 48-00557, and 48-00704 and attached hereto as Exhibit "F" ("TPWD Grants") shall transfer to City and City will assume all of the TPWD Grants responsibilities attached to the Property pursuant to three (3) assignments for each of the TPWD Grants, and, if required by TPWD, in the form required by TPWD and attached hereto as Exhibit"G"; and (iv) Any other necessary assignments, or other instrument or document necessaiy for the conveyance of the Property to the City. (2) County shall pay all recording fees and any other closing costs. (c) City shall record all necessary documents in the Real Property Records of Tarrant County after the Closing. Section 7. Notices. (a) Any notice under this Agreement 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) delivered in person at the Closing(if that party is present at the Closing), (iii)placed in the United States mail, return receipt requested, addressed to such party at the address specified below, or (iv) 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. Interlocal Between City and Tarrant County For Echo Lake Transfer Page 3 of 14 (b) The address of Buyer under this Agreement is: City of Fort Worth With a copy to: 200 Texas Street Leann D. Guzman Fort Worth, Texas 76102 City Attorney's Office Attention: Roger Venables City of Fort Worth 200 Texas Street With a copy to: Fort Worth, Texas 76102 Park and Recreation Director City of Fort Worth 4200 South Freeway Suite 2200 Fort Worth, TX 76115 (c) The address of County under this Agreement is: Tarrant County Transportation Services Director 100 E. Weatherford St., Suite 401 Fort Worth, TX 76196-0601 (d) From time to time either party may designate another address under this Agreement by giving the other party advance written notice of the change. Section 8. Termination, Default, and Remedies. If City fails or refuses to consummate the acceptance of the Property, then County, as County's sole and exclusive remedy, shall have the right to terminate this Agreement by giving written notice thereof to City prior to or at the Closing, whereupon neither party hereto shall have any further rights or obligations hereunder. Section 9. Entire Agreement. This Agreement (including the attached Exhibits) contains the entire contract between County and City, and no oral statements or prior written matter not specifically incorporated herein is of any force and effect. No modifications are binding on either party unless set forth in a document executed by that party. Section 10. Assigns. This Agreement inures to the benefit of and is binding on the parties and their respective legal representatives, successors, and assigns. Neither party may assign its interest under this Agreement without the prior written consent of the other party. Section 11. Taping Prior to Closing. If, prior to Closing, the Property or any portion thereof becomes subject to a taking by virtue of eminent domain, City may, in City's sole discretion, either (i) terminate this Agreement and neither party shall have any further rights or obligations hereunder, or (ii) proceed with the closing of the transaction. Interlocal Between City and Tarrant County For Echo Lake Transfer Page 4 of 14 Section 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Section 13. Performance of Agreement. The obligations under the terms of the Agreement are performable in Tarrant County, Texas, and any and all payments under the terms of the Agreement are to be made in Tarrant County, Texas. Section 14. Venue. Venue of any action brought under this Agreement shall be in Tarrant County, Texas if venue is legally proper in that County. Section 15. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Agreement will be construed as if such invalid,illegal, or unenforceable provision had never been contained herein. Section 16. Business Days. If the Closing or the day for performance of any act required under this Agreement falls on a Saturday, Sunday, or legal holiday, then the Closing or the day for such performance, as the case may be, shall be the next following regular business day. Section 17. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. Section 18. Authorization. This Agreement has been duly authorized by the governing bodies of the City and County. Section 19. Force Majeure. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement 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 of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; 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 event. Section 20. Fiscal Funding Limitation. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this contract, then the affected party will immediately notify the other party 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 affected party of any kind whatsoever, Interlocal Between City and Tarrant County For Echo Lake Transfer Page 5 of 14 except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. Section 21. Governmental Powers. Both Parties agree and understand that neither the City nor the County waives or surrenders any of its governmental powers by execution of this Agreement. EXECUTED this day of k m I ,2017. CITY OF FORT WORTH By: '�16ZJ2�� sistant City Manager ATT City Secretary City of Fort Worth 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. .Scan- . PIFIQL14 Name of Employee D►s-rrZ�Gr �ur.�e;�,-�N�� Title APPROVED AS TO FORM AND LEGALITY: A�'istant City Attorney Interlocal Between Interlocal Between City Tarrant CounTarrant Coun For Echo Lake Transfer Page 6 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX TARRANT COUNTY Name: C 1 fir;i-1 Title: CoUn4u gu,vc.h APPROVED AS TO FORM: I Il- i L 'jr Assistant Dist et Attorney f4 a rck Interlocal Between Cityand Tarrant County For Echo Lake Transfer Page 7 of 14 EXHIBIT"A" Property Description Interlocal Between City and TaiTant County For Echo Lake Transfer Page 8 of 14 i i 1 Poe I I � Ij.. n, I , mr 5 /r �'. E�r_i �• � r i � W i I ` ' i I / _I I I _L TFi99(ETCH9 AVTTOBEfECO'O® 1- A 1 _ SURVEY SKETCH OF 41.229 ACRES&0.097 ACRES S `�• OUT OF THE IY. HARTZOC SURVEY ABSTRACT No. 697 f LOCATED IN THE : CITY OF FORT WORTH .Z ,1 Z"�� COUNTY COMMISSIONER PRECINCT ONE TARRANT COUNTY, TEXAS EXHIBIT`B" Property Assessment [See Attached] Interlocal Between City and Tarrant County For Echo Lake Transfer Page 9 of 14 ECHO LAKE PARK Park Assessment August 28, 2016 (rev. March 2017) In the past, the City of Fort Worth has been asked to assume maintenance and management of Echo Lake Park from Tarrant County. The purpose of this report is to provide an update on the letter issued on May 19, 2003 to City Manager Gary Jackson. 1. PLAYGROUNDS: Two approved CFW playground prototypes were installed since 2004. Both have an accessible walk to the playground. However, there is no HC parking available. Playground prototype equipment has been damaged and not replaced. It appears that the rubber mats were removed from under found at any of the slides or swings. No maintenance has been performed on the engineer wood fiber surfacing and grass growing inside the playground. The fiber is also low at both locations. Multiple standalone playground equipment pieces were found in the park with no safety surfacing or handicap accessibility. Standalone equipment needs to be removed. Estimated cost $35,400.00 (removal of standalone equipment, playground replacement parts, wood fiber surfacing, 12 wear mats). ' fes-- ���. ri��> r �� t.t�it)x.91 m)i)p n�)L)�r -S�, •� r .k .,.r�,�6, ��4:., �}•.,1. i ,.r;;�?��r�'i�4\14�.����}�� ��a�k' •h �)�;; ~ ?AYS'_ t •5f_ ,a y' 2. BALLFIELD LIGHTING: Current lighting does not meet PARD's standards for ballfield illumination. Overall site electrical components, including ballfield lighting, were inspected by the City Planning & Development Department in February 2017 and found to be satisfactory — after some recent conduit improvements and securing of panel boxes. Wood poles and fixtures are not PARD standards. The existing electrical panel may not have the capacity to add lights to increase the illumination to PARD's standards for ballfield illumination. The existing power source box next to the west ballfield is not secured to the ground. The footing is made out of plastic and foam and has no anchor to the ground. Open electrical boxes where found next to the fence at the far west ballfield. Estimated cost $500,000.00 (Demolition and installation of 2 ballfield lighting systems). 2 �X F, tH 1 I i iro'it ;rir Ire i I 3. BALLFIELDS: Echo Lake Park has five ballfields. The four ballfields on the south side of the park are in poor condition. These fields are very small, close together, difficult to maintain, and they are not handicap accessible. Additionally, power line supporting poles are too close to the ballfield and are a hazard to the players. Only two of four scoreboards are functional (east and west). The remaining scoreboards are either vandalized or rusted. All wood frames in the dugouts need to be replaced or demolished. The entire ballfield fence needs to be upgraded or replaced. The foul poles need to be repaired or replaced. Drinking fountains are not PARD standard and they need to be replaced or removed from the site. Due to the amount of damage and danger surrounding all the ballfields they either need to be demolished or re-configured into non-competition fields. Bleachers do not meet ADA requirements. There is no clear accessible route to any of the bleachers. Some of the existing frames are rusting or bent. The bleachers need to be removed and replaced. Estimated cost: $667,042.00 (Fencing 5 fields, rebuilt dugout at 5 fields, 2 Drinking Fountain, 2 Scoreboards, 2 irrigated fields, Concrete Sidewalk, 2 Competition fields with 3 practice fields, 12 Bleachers) .t-• 1 .t 1 - • t cf i ,fit ;?fir�ti• 1.. 4 1 0 u WINI talloFApM i M i ii®7! J d% c.: _ .i ;y 4. RESTROOM AND STORAGE BUILDINGS: All buildings must be inspected by Property Management. Access to the inside of the roof and utilities was not available. No doors were found at the entrance for winterization. Restroom buildings must be removed due to damaged roof, trip hazards, ADA accessibility issues, pest damage and poor condition of fixtures. Future 6 restroom facilities to consist of port-a-lets inside decorative enclosures. The storage building next to the ballfields requires miscellaneous repairs including siding replacement and roof replacement. Estimate cost: $100,000; $75,000 to install two new restroom enclosures with port-a-lets (1 ea.) and $25,000 to demo two bathroom buildings and the storage building. M'- 5. SECURITY LIGHTING: Most of the existing light poles are missing a fixture or need bulb replacement. There is no security lighting located at the parking lots, basketball court or the playground equipment. Estimated cost $286,000.00 (26 lights). 6. PICNIC TABLES: There are 34 existing picnic tables and concrete pads. None of the tables meet the ADA requirements for accessibility. All existing picnic tables need to be replaced due to poor condition. Approximately half (17) of the concrete pads must be replaced. Estimate cost $56,250.00 (25 standard picnic tables, 9 HC tables and 17 concrete pads) IV . s r � b ori r 7. ROADS: Roads appear to be in good shape. The parking lots have no accessible parking spaces, no stripping or handicap signage that meets Texas Accessibility Standards. The east parking lot next to the ballfield has two handicap signs that are holding an unsafe chain link fence that needs to be removed. Estimated cost: $27,500.00 (Striping and signage for 9 accessible parking spaces) • Note: Public streets to be assessed by TPW and possibly incorporate 'complete streets' components (sidewalks, bike lanes, lighting and signage) t , �rte.. -s•,_... - va-fit . .'°,'w.' °�.� t- T _ l 8. GATE & GUARDRAIL: The vehicular gate to the boat ramp has been damaged and needs to be replaced. A guard rail must be installed in the boat ramp area to mitigate the steep drop off from the edge. Estimate cost $43,820.00 (replacement existing gate, guard rail and post & cable). r r 9. SHELTERS: Shelter on the west end of the park is in poor condition. The concrete floor has multiple cracked areas and is missing a pier. The roof is in poor condition and requires replacement of several framing members. The electrical wiring must be removed and replaced. There is no accessible route to the shelter. Shelter to the east is also in poor condition. The concrete floor is in poor condition with several cracks. The shingles show some hail damage and the roof is in poor condition; support members show signs of rot, various degrees of degradation. Structure contains stone columns at all support columns and a 4 foot retaining wall; all of which have significant cracks and would have to be completely re-constructed. In February 2017 the City Planning & Development Department assessed the condition of both shelters and recommended demolition of both due to structural stability issues, accessibility issues, and possible public health issues. Estimate cost $351,256.00 (Demo both structures, install a 24'X24' shelter on west side and a large group shelter on the east side — 40'X80') 10 West Shelter y.e r i 1 � _ 1 ii 1 1 A 6 F-, kk1f�'NS wr A vr"16� k. ,may' East Shelter (Raul Jimenez Pavilion) r 4l $J .r►s• 11 l.- 10. BASKETBALL COURT: no accessible route to the court. The concrete court has several cracks that must be sealed. The goals are not secure to the ground and must be reset in concrete foundations. Volleyball poles are not in compliance to PARD standards and need to be replaced with official volleyball poles. Estimate cost $7,530.00 (Equipment replacement and repairs) A k *cf" '' g1• �.f v:^ry;T A a' y (.:.t ,";,;,k'".`r .- _ r\• _ 11. DAM: The existing dam impounds an approximately 17 acre "Echo Lake." The top of the dam is a railroad track (UP). Estimate cost: Drainage improvements and UP approval to be completed by Tarrant County. 12 EXHIBIT"C" Phase I Environmental Report [See Attached] Interlocal Between City and Tarrant County For Echo Lake Transfer Page 10 of 14 Exhibit"D" Commissioners Court Communication [See Attached] Interlocal Between City and Tarrant County For Echo Lake Transfer Page 11 of 14 .......... f .s REFERENCE NUMBER COMMISSIONERS COURT COMMUNICATION PAGE 1 OF 2 DATE- 04/01/03 fa UBJECT: APPROVAL OF A-REQUEST TO NAME A BASEBALL FIELD IN ECHO' LAKE PARK IN gONOR OF TONY CERVANTES * * *CONSENT AGENDA CSSIONERS COURT ACTION REQUESTED: ested that the Commissioners Court approve a request of the Southside Little League to name l field in Echo Lake Park in honor of Tony Cervantes. BACKGROUND: The Southside Little League has been operating their league in Echo Lake Park for many years. The League has grown over the last few years under the direction of Tony Cervantes. Mr. Cervantes has served as president of the League since 2000 and previously served as vice_president from 1997-2000. Mr. Cervantes has dedicated a significant amount of time and energy to develop and support League. The members of the Southside Little League Board wish to surprise him by naminga fi the his honor. They wish to announce this honor at their Opening Day on Saturday,April 6`h. eld in FISCAL IMPACT: None, DISPOSITION BY COMMISSIONERS COURT APPROVED ® OTHER,[describe] SUBMITTED BY: COUMV Administrator PREPARED nY: Ya L.Sin eton Mar 19 M ib:14 P.02 Sou Ide LIS League P.O. BOX 12066, Fort Worth,7bxae 76110 www.e%amz.0omt8ou1h9ldeltbfwbc 1 Sourhwat Sub-Courthouse precinct 6 6551 Granbury Rd. t : Port Worth,Tx 76133 Me.Dianne SWby,Comm nicnur We are writing in regards to the baaebail fields of Southside Little L Sus which is located Echo Lake park by Riff/Cole St.I don't know if you are awm of how much the league has grown over thane put League been expanding due to our patents inv+olvanent,volunteers, and SSLL board members,'am is one�Little individual whom has worked really hard at this sominplAmeat whom is Tang►Ccrnnces. He has been Involved with the league as a sponsor,parent.coach,and now as president.He started as an assistant as&ch in 1996 whey hie dAughtcr was playing to Caaek pits L And al a ouch,you get to see&lot of things rhe league niaeds,that a patent volunteer wouldnl am with the league.Me bcCAM Vu'President in 1997:2000, takicag taut of these fields and the children who played on them was his main concern. Ira the year 2080,he batiste president and with this tide became a huge ars onaibl play wheat all dtildrea oaukl u s arc P list'such as nuking a to do so.'W6n he cou[dn p Y p 'love.He asked for permiuion to masse more fields and was allowed Set par+ u to volunteer,he would bring the guys who worked*with him to help him with the fields.He has managed to schedule games,evade sure the Fields arc being leapt cleats by ordering wash dumpster Cor this field.An qpd for portable potties,so children wouldel t try to cross the tracks or the street unsupervised just to go M the restroom,He has managed to keep 250 childrr„ofl'the strcrt because of•the%states held at throe facilities. He wanks closely with Ciqulo Vasquez,founder of our league who is more like his mento&Tony has helped the League so much Mort than wards could explain.This is why we ane asking yourmission to name this field to his honor.It is currently in the nam ofTew Wildlife Park,We would to add or change it to the"TonyA.Cervantes Field". thiS. Would you please take this matter into consideration and grant us permission to do c would tike to get a response fibm you,hopefully by Opening Day which is Saturday, 1&WCh1Z�+3,if alt possible.It would mean slot as us,as a Little an honor to Torry Carvat=.please visit our website:wwwtiteartsz.coml it Our quite homepagre for SSLL,rhoek out our photo gallery.This is one of our addition for SSLL.We ate new at this webslt+e,we arc now at this intemm You are welcome to sign our guesrbook. Thank you for your support and cooperation to Southside Luck League. Sly lel, tc%WS--k 7411*. IRS,'—Toni'Comma Enn ofw6tSew ��r r we ars ri{dng fox J.D.Johnson,Cammwvntr � ' NW Sub-Courtkoasc Ptcdnee 4 6713 Talephone Rd.,tort Worth.TX 76135 �� .. ..V4'"' Minutes Of CammisSiOners COurt,SPECIAL.Term,REGULAR Meeting 488 Tuesday the 1st day of April,A.D.2003 89890 RXQUEST FROM SOUTHSIDE LITTLE LEAGUE TO NAME A § BASEBALL FIELD IN ECHO LAKE PARK IN HONOR OF TONY § *CONSENCERVANTES § T* § APPROVED § April 1,2003 Request by the Administration Department,motion was made by Commissioner Johnson, seconded by Commissioner Whitley and carried(4-0)with Commissioner Vaaltavenswasy"absent" that the Request from Southside Little League to name a baseball rind in Echo Lake Park in honor of Tony Cervantes,be approved. It is as ordered. -04w)-0-01- 99891 04 n-aa89891 TARRANT COUNTY CHILD PROTECTIVE SERVICES BOARD'S 2002 § COMPREHENSIVE ANNUAL REPORT § *CONSENT* § § RECEIVED AND FILED § April 1,2003 Request by the Administration Department,motion was made by Commissioner Johnson, seconded by Commissioner Whitley and carried(4-0)with Commissioner VanRavenswany"absent" that the Tarrant County Child Protective Services Board's 2002 Comprehensive Annual Report,be received and filed. I h so ordered. -o.o-o-aa 89892 BRIEFING AGENDA - A) ANNEXATION OF UNINCORPORATED § AREAS IN TARRANT COUNTY,B)LEGISLATIVE ISSUES § *CONSENT* g RECEIVED AND FILED § April 1,2003 Request by the Administration Department,motion was made by Commissioner Johnson, seconded by Commissioner Whitley and carried(4-0)with Commissioner Vanftvenswaay"absent" that the Briefing Agenda-a)Annexation of Unincorporated Areas in Tarrant County,b)Legislative Issues,be received and Med. It is so ordered. -a.aaaa Exhibit"E" Storm Water and Drainage Issues Interlocal Between City and Tarrant County For Echo Lake Transfer Page 12 of 14 10 ---- -<,f ---- , , t < 1 I l.. Id- ECHO LAKE PROJECTPHASE3O OIC 6 � _ /•••• •••A � Y_ §� � comaiw+e.r.�wroa Exhibit"F" TPWD Grants [See Attached] Interlocal Between City and Tarrant County For Echo Lake Transfer Page 13 of 14 UNITED STATES DEPARTMENT OF THE INTERIOR ¢ ' Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement State Two Project Number . 48-00295 Project Title Soho Lako park Period Covered 01 apV I : by this Agreement Project Period u X76 Project Scope (Description of Project) %a" " t..Oguat� iii. gat-we -� *hag* � of, in t .city of nett, h J e i� ,Wn taallnAos for-tho x0paral publu tOO1 * :: :-bont; n 4114 ba"tWi4o ted 48-439-2450 —Tan . worth costo inaluab state Ad wialstrativa 900to which basan o 9� 3 Project Stage Covered by this Agreement native : epi t Project Cost The following attachments are hereby incorporated into this agreement; Total Cost $ 260JO4 Fund Support 1 1. General Provisions DSC* 1065 Fund Amount s n ,' Cost of this 2 Project Proposal Stage $ 260.704 3. Assistance this Stage $ 13003a 4, BOR &-92 (Rev. Mai. 1967) n ei -4-- 'WTED STATES State i S DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Project Amendment No. 148-00296.1 Eoho Ike Park AMENDMENT TO PROJECT AGREEMENT s.3' THIS AMENDMENT TO Project Agreement No. 48-00295 is hereby made and agreed upon by the United States of America, acting�r`ough the Director of the r Bureau of Outdoor Recreation and by the State of 'exas , pursuant to the Land and Water Conservation Fund Act of 165, 78 Stat. 897 1964). " The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above-mentioned agreement is amended by adding the following: ange so± adres to read 42¢ acres, . Delete all development. Changs "Total Cost" and "Cost of this Stage" from 11$260,704.00" to Change ":Fund Amomt'r and "Assistance this Stage" ftem "$130,352-00" to if$81,351.94." r In all other respects the agreement of which this is an amendment, and the t plans and specifications relevant thereto, shall remain in full force and } effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. ED STATES OF RICA STATE BY f S Signatu a St On".DIV. OF 5'�1'FE P +tu"" BY Title gnature Bureau of Outdoor Recreation United States Department of ON T. PON the Interior Name Date APR 11976 State Liaison officer Title INT 16 a6..74 't BOR 8-92 a r. (Rev.Mar.1967) I ours wo.oanout OUTLAY REPORT ANSI'REQUEST FOR 1. Fei«a Afa cr-4 Oromi•.tiaga 7.r.d.Ya I Cwt Mg.«oth« f E6m•nt lor-tifyin,Nuol.- REMBURSEMENT.FOR CONSTRUCTION PROGRAMs B R 48-00295 X Typ.of R•auo.f 'A.Baas of Requ.ut I posma P.Wont R.w.•t No. �Fina ®Gal Lj P«tl.l C,AclluodEapanilan 3 (Final) Echo Lake Park d.-Eslptsror fdonllfl."aa No. 7.CLMMo Accawt No.«-Iio"1110.p 1.--Peti.d-Ca+o.ri{lM_p. -- N•. FJ-74-1680372G PR OM 10 1 1 75 TG 2 1 76 9."—..t G..t•o OLenlif.tran is. N'ps a POr.a Irl Hrl«ant A-Item 9) Texas Parks & Wildlife De t. •111!/I NR •.+.N.ut •I.11♦Na..Na M.MI ' John H. Reagan Bldg. L11f �r-4'(��®��ji COOL LIfY •l.[ lln Cafa! Austin Texas 78701 ll. STATUS OF FUNDS PROGRAMS— FUliCTIORy — ACTIVITIES CLASSIPICArioN tt) M IYOTAI A. Administtatiueexpplse....(State)., a 1,069.70t s b. Preliminary expense...................... c. Laftd,shuctures,fight-04M ................ 161,634:.#19 it, Archlledwal enifineering basic fees............ e, Dtltef ardrilech+n)enginxfinQ fees......,..... f. Proiecl inspection lees.................... g. Land developf st...................... h. Retaation expalu...................... L Relocation payants to iodiv.and businesses,.... I. Deelolition and ra ai.................... k. Construction and project impoveshmt COM........ 1. Elpipnent ........................... n,"Ikseelianeous cost....................... n. Total cumulative to date(Slap of Lim fr xl) ,,., 162,703.8 o. Deductions la proper income............... P. Net cumulative to date(Liu 6 minus Line o)...... 162,703.8 q. federal share to date.................... 81,351.94 t. Rehabilitation rants:(100%rei t)....... S. Total Federal share(Sun of Lilies q and r).,,.... 81,351.9 t. Ftxkfil payments previously rerklesw....... ... 81 ,206.0 u. Pi—t requested for ceimbutument.......I.... s 145.8 If x s v. Pelwt of project Completed ................ % 100 n z x 12. CERTWICATION–I..,fit#that t•A.b.t ar ny 41ww4dp•nd Baia ill.LIIr•d..of.d di.6wm• t•m•In occadonc•rith+h•MCHC al the prom•ci .nd eh.1 Me nin6u.••w•M a.r•.onr•IM Fod«ol.h.r•duo wrrit/n h•a Hoe lean pr.Yiwdy 1•*uul•d and M.d an,n.p•ctiea ha•fe.•n p•dalm.d and ort wad+.in aLrprdoNc•with fA•t•rro•et th•e1wt. _. e. GRANTEE b. STATE, LOCAL, OR FEDERAL GOVERNMENT REPRESENTATIVE Ns— Naw. - CLAYT T. GA GON Tiff. T•loph..•""512TIO. Ta•.han.Na. S L' fiver 47 —4497 us e.N of"Oe.."Otli.w Got. INT; 4883®74 UNITED STATES DEPARTMENT OF UIE`INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement .t State Texas :]:P�eojectNumber 48®00557 Project Title Echo Lake park Project- .period- pate of approval to 12/1/$0 Project Scope (Description of Project) Tarrant County will develop Echo Lake Park to include roads and parking, Pavilion, picnic units, lighting and fencing, baseball fields, playground, landscaping and sign. Echo take Park is located adjacent to Ripy Street and the IN 35 W service road just south of the city limits of Fort Worth. Preagreement costs incurred from 7/1/77 to date of project approval in the amount not. to exceed $1,000 shall be allowable under this agreement. i Project Stage Covered by this Agreement Entire project Project Cost The following attachments are hereby incorporated into this agreement; Total Cost $ 155.000 Fund Support 50 Y. 1. General Provisions Fund Amount $ 67,500 r December 1965 Cost of this 2. Project Proposal Stage $1354000 3. Assistance this Stage $ 67.500 4. I j 4OR 8-92 j (Rev.April 1974) Ali 4 UNITED STATES STATE Texas DEPARTMENT OF THE INTERIOR NATIONAL P".RK SERVICE Project Amendment No.. 48-0O557.I Echo Lake Tarrant Co. AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT To Project Agreement No A8-OQ55As hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Texas' pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: Delete: pavilion and playground r in all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA STATE By (Signature) _TPXBS (S te) By (Title) (S g tore National Park Service Charles D.. Travis United States Department of (Name) fnr ( ham h" Jr, the Interior Date Executive piritle) n�ficE (Title PIPS 10-902a (7-81) 48-00557 SLS ECHO LAKE PARK "" 57-/` 7 /2 (Tarrant County) COMPLETE COMPLETE TOTAL ESTIMATE LAST BILLING SINCE COMPLETE 1. Construction Plans and Specifications a. County personnel 5,000.00 $ 5,000.00 2. Construction a. Roads and parking 1) Roads $ 20,000.00 5, /'71029, if 0 53,q-741•g� 2) Parking 30,000.00 b. Buildings 1) Pavilion Dem 22,000.00 o c� c. Recreational facilities 1) Picnic units 3,000.00 s,397. 0 S39 76 2) Baseball fields (lighting and fencing) 26,000.00 G 3) Playground equipment 8,000.00 /�S• �d p 4z Z3 9,5,90 d. Miscellaneous o o 1) Landscaping 15,000.00 l-q, 084�.2�. c� /tf, 094 'XL 2) Contingencies and sign 5,000.00 0 0 $129,000.00 0.2 9,0 f P-0)-;,541, > 3. Other a. State administrative costs 1,000.00 2 5 B . 45 Q 4 q.,97- $ 1,000.00 984-98` TOTAL $135,000.00 n 3, ?5l, 0 5 17 sy8.b5 12)1 9 9,/p -f 00 0, 00 U.�.d.•.. � !3, .7bp.�� r TEXAS PARKS. AND WILDLIFE DEPARTMENT Land and Water Conservation. Fund Agreement Heritage Conservation and Recreation Service Number 48700704 Project Name Echo Lake Park Phase II Project Period 7 Project Cost ` $195 9T6 Approved Federal Funds .�.9Z,95f3 The undersigned political subdivision of the State of Texas does hereby agree and accept the same responsibility and obligations as set aut in the herein described project and to the same extent and in the same manner, including all requirements, as does the State of Texas. The undersigned political subdivision of the State of Texas further understands, agrees, and accepts that this project is not effective until this project agreement has been duly executed by the State of Texas- and the said political subdivision, and no work shall be initiated and/or undertaken by said political subdivision on the herein described Project until it has received said notification by the State. PROJECT SCOPE (Description of Project) arrant County will further develop Echo Lake Park to include. l8 picnic units and gr> e�`3) fishing piers, cover for Picnic avilion, bleachers for existing ballfields, traffic ontrols, surveying andniandscapi* (top soil). ng ALL UTILITY LINES WILL BE PLACED UNDERGROUND. The State agrees to comply with the terms and intent of P.L. 93-234, the Flood Disaster Protection Act of 1973; P.L. 90-480, Architectural Barriers Act of 1968; P.L. 91-645 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and applicable regulations and procedures implementing these Acts. n all The following attachments are hereby incorporated into this Agreement General Provisions dated Jul 1978 BY * VJTE OF TEXAS * POLITICAL SUBDIVISION CHARLE D. TRAVIS COUNTY NAME OF TAPLIT NT L SUBDIVISION TITLE Executive Director BY DATE October 11 1979 Mike Moncri NAME AND TITLE (TYPE) DATE io /79 OF 5700-10(12/78) j • 1 0 UNITED STATES STATS Texas DEPARTMENT OF THE INTERIOR NATIONAL PARR SERVICE Project Amendment No. 48-00704.3 Echo Lake Park, Phase II AMENDMENT TO PROJECT AGEMENT THIS AMSNDMSNT To project Agreement No.48-0070.4s hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Texas pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: Delete: Fishing facilities, sports and playfields, and support facilities 4 In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as .of the date entered below. THE UN D STA OF ICA STATE By Texas (Signature) (Skate) Chief, Division of Recreation Programs ay Ajw (Title) ( i nature National Park Service Charles D. Travis United States Department of (Name) the Interior I State Liaisan Offir_er Date (Title) NPS 10-902& (7-81) ' 48-00704 (Revised 3-82) 2F ECHO LAKE PARK - PHASE 11 - TarrantCounty) b3 �� COMPLETE COMPLETE TOTAL ESTIMATE LAST BILLING SINCE COMPLETE 1. Site Plans $ NIA $ N/A 2. Construction Plans and Specifications A/E $ 5,000.00 I1" $ 5,000.00 ly. �s" —° >,7a.y./-s 3. Construction A. Recreational facilities 1 . Picnic units and grills (18) :z q, gyp` 5,872.00 013.5'7 2. Fishing piers (3) 5,760.00 3. Picnic pavilion (cover only) 25,000.00 3?,Eq 4, 3�, 8s/ 4. Picnic shelters (36) 28,906.00 5. Baseball fields 1 (bleachers only) 6,000.00 B.. Miscellaneous 1 . Traffic controls 22,570.00 2. Landscaping (top soil) 77,808.06 3. Surveying 2,000.00 4. Contingencies and signs 17 000.00 $ 190,916.00 837, o o l�.S? '�� � 4. Land $ NIA. $ N/k 5. State Administrative Costs $ 5,000,00 �n0�.>/ a / s_9S� a 30.bS 5 $ 000.00 6 0!-7/ las 9 i� a,-73d o las TOTALS $ 200,916.00 �q.'379: B�/w 400",)d C4�s� ��� 7 Exhibit"G" TPWD Transfer Form Interlocal Between City and Tarrant County For Echo Lake Transfer Page 14 of 14 M&C Review Page I of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FaRr1 COUNCIL ACTION: Approved on 3/21/2017 DATE: 3/21/2017 REFERENCE NO.: L-16015 LOG NAME: 80ECHO LAKE - COUNTY ILA CODE: L TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of an Interlocal Agreement with Tarrant County for the Donation to the City of Approximately 41.326 Acres of Land Identified as Echo Lake Park (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Interlocal Agreement between the City of Fort Worth and Tarrant County for the acceptance of a donation by Tarrant County to the City of Fort Worth of approximately 41.326 acres of land identified as Echo Lake Park; 2. Authorize the execution and recording of the appropriate instruments; and 3. Dedicate the property as public parkland upon conveyance to be added to the park inventory as Echo Lake Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an Interlocal Agreement (ILA) with Tarrant County (County) for the donation by the County to the City of 41.326 acres of land identified as Echo Lake Park and to dedicate the property as public parkland upon conveyance. The legal description is as follows: A 41.299 and .097 acre tracts of land situated in the G. W. Hartzog Survey, Abstract No. 697, as described by deed to Tarrant County, recorded in Volume 5890, Page 376, Deed Records; Tarrant Count, Texas (D.R.T.C.T.) and a portion of the tracts of land described in the deed to Tarrant County, recorded in Volume 5763, Page 709, D.R.T.C.T. The County was deeded the property by the Missouri Pacific Railroad Company and has owned and maintained the property as a public park known as Echo Lake Park since 1975. The 41.326 acre park currently consists of approximately a 17 acre lake and park amenities consisting of five ballfields, two large group shelters, basketball court, two restroom structures, two playgrounds, a boat ramp/launch and paved roads and five parking lots. In September 1989, the County deeded 2.3 acres to the City, for what is now the Worth Heights Community Center site. The County has allowed the Southside Little League organization to utilize a portion of the property since 1976 and hosts several family reservations annually. In 2016, the County approached the Park and Recreation Department (PARD) regarding conveying Echo Lake Park to the City as dedicated parkland since park management is not a core function of the County. In August 2016, the Park and Recreation Department (PARD) performed an assessment of all site improvements (attached). The assessment indicated that many of the site improvements were beyond repair and did not meet City codes and/or did not meet state accessibility standards (TAS/ADA). The estimated cost to replace all site furnishings, except the two playgrounds installed by the City in 2006 (M&C C-20808) as part of an ILA with County (City Secretary No. 32048), is $2.5 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24375&councildate=3/21/2017 4/4/2017 M&C Review Page 2 of 3 million. However, all improvements will be evaluated and ranked against all maintenance and capital improvement needs of the whole park system. The Environmental Division of Code Compliance has determined based on the Environmental Phase I and a limited Phase II sampling that the surface of the lake is within acceptable limits and that the Department will perform additional sampling and minor mitigation of the lead surface contaminants found within the area of the circa 1942-1950 sportsman's gun club which previously operated on the property. Key points/stipulations to be outlined in the proposed ILA are as follows: The City will assume ownership of the property by May 1, 2017; The City will assume ownership of the property in "As Is" condition; County will provide all instruments of conveyance (survey, plat, metes and bounds, title/deed, etc.); County to complete all dam and drainage improvements, to the satisfaction of the Texas Commission on Environmental Quality (TCEQ), Union Pacific railroad and TPW - Storm Water; County to convey all mineral rights to the City; all associated revenue received after the dates of the Texas Parks and Wildlife grants (grant 48-00295, December 1976; grant 48-00557, December 1980; and grant 48-00704, August 1979) still held by the County must be transferred to the City for future improvements at the park. County to operate and maintain property through September 30, 2017; Upon conveyance, and to immediately address the main public safety concern on the site, the Park and Recreation Department will schedule the removal of any site furnishings that do not meet City code or present an immediate safety concern within 90 days. Upon City Council approval and subsequent ILA execution, it is anticipated that the ILA will be presented to the Commissioner's Court on March 28, 2017 for their consideration. The Park and Recreation Department will be responsible for the maintenance of all existing improvements at an estimated annual cost of$41,562.00. A year one demolition and repair cost for those improvements identified in the park assessment as incompatible with acceptable risk management practices or in non-compliance with current City code, is $20,000 for Fiscal Year 2018. The parkland is located to the east of South Freeway, between E. Berry St. and E. Ripy St., in COUNCIL DISTRICT 9, Mapsco 91 B. This contract will be with a governmental entity, state agency or public institution of higher education: Tarrant County. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that, upon approval, the donated Park will be recorded in the City's financial statements as appropriate. TO http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24375&councildate=3/21/2017 4/4/2017 M&C Review Page 3 of 3 Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Scott Penn (5750) ATTACHMENTS ECHO LAKE PARK assessment.Of http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24375&councildate=3/21/2017 4/4/2017