HomeMy WebLinkAboutContract 51752 C!TY C7.CRETARY
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L 9 9 INTERLOCAL AGREEMENT
BETWEEN THE CITY OF RIVER OAKS, TEXAS
AND THE CITY OF FORT WORTH, TEXAS
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AGREEMENT is by and between the CITY OF RIVER OAKS, a Texas home-rule
municipality with its principle office at 4900 River Oaks Boulevard, River Oaks, Texas 76114,
("River Oaks"), and the CITY OF FORT WORTH, a Texas home-rule municipality, with its
principal office at 200 Texas Street, Fort Worth, Texas 76102 ("Fort Worth").
WITNESSETH:
WHEREAS, the Texas Legislature has authorized the execution of Interlocal
Cooperation Agreements between and among governmental entities pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and
WHEREAS, each governing body, in performing governmental functions or in funding
the performance of governmental functions hereunder, shall make that performance or those
payments from current revenues legally available to that party; and
WHEREAS, each governing body finds that the performance of this Agreement is in the
common interest of both parties, that the undertaking will benefit the public and that the division
of costs fairly compensates the performing party for the services or functions under this
Agreement; and
WHEREAS,the Lake Worth Trail is a multi-use recreational trail system, located
primarily within Fort Worth's city limits, which contains a section within the River Oaks city limits
generally between ttoe YMCA's Camp Carter Property, at 6086 Anahuac Ave., in Fort Worth and
Marion Sansom Park in Fort Worth("Lake Worth Trail"); and
WHEREAS, Fort Worth will design; construct and maintain; except as described below;
the Lake Worth Trail; and
WHEREAS, the Lake Worth Trail will provide recreational facilities to citizens and visitors
of both Fort Worth and River Oaks; and
WHEREAS, a portion of the Lake Worth Trail will be located within River Oaks using
River Oaks' streets as follows: connecting to Harvard Street at approximately Dartmouth
Avenue, north to Purdue Avenue, east on Purdue Avenue to Yale Street, north on Yale Street to
Amherst Avenue, west on Amherst Avenue to Inspiration Lane, north on Inspiration Lane to its
northern terminus and connecting to off-street trail within River Oaks-owned property located
generally at 2257 Roberts Cut-Off Road (collectively, the "River Oaks Segment") as depicted on
Exhibit"A" attached hereto and incorporated herein; and
WHEREAS, River Oaks desires to facilitate the Lake Worth Trail by granting Fort Worth
the right to construct and maintain certain trail amenities within the River Oaks Segment, as
further described herein and as depicted on Exhibit "B" attached hereto and incorporated
herein;
City of Fort Worth-City of River Oaks ILA Lake Worth Trail CMEOETARY
FT. WORTH,TX
NOW, THEREFORE, in consideration of the above recitals and the premises and
agreements, covenants and promises herein set forth, it is agreed as follows:
Section 1. RIVER OAKS
A. River Oaks hereby grants Fort Worth a license as follows: 1) the use of River
Oaks' right-of-way to construct and maintain, except as provided for below, the
River Oaks Segment of the Lake Worth Trail and 2) the permanent use of River
Oaks' property located at 2257 Roberts Cut-Off Road to construct and maintain
the connection of the River Oaks Segment to the Lake Worth Trail, as shown on
Exhibits A and B;
B. River Oaks hereby grants to Fort Worth the rights of ingress and egress as is
reasonably necessary to construct and maintain the River Oaks Segment;
C. River Oaks will install and maintain all required signage for the control of traffic
within the River Oaks Segment;
D. River Oaks shall maintain all on-street striping and specific trait wayfinding or
directional signage within the River Oaks Segment after the expiration of any
warranties or other maintenance obligations provided to Fort Worth by its
contractor;
E. River Oaks shall maintain the sidewalk installed by Fort Worth on the west side of
Yale Street between Amherst Avenue and Purdue Avenue after the expiration of
any warranties or other maintenance obligations provided to Fort Worth by its
contractor;
F. River Oaks shall install, or cause to be installed, and maintain fencing on River
Oaks water treatment plant property as depicted in Exhibit C, attached hereto
and incorporated herein.
Section 2. FORT WORTH
A. Fort Worth will ensure that the City's contractor constructs the River Oaks
Segment according to the plans and specifications;
B. Fort Worth shall obtain or cause to be obtained, all material, labor and equipment
necessary for the construction of the River Oaks Segment, including the sidewalk
on the west side of Yale Street between Amherst Avenue and Purdue Avenue;
C. Fort Worth shall arrange for all materials testing and inspection for the River
Oaks Segment. Nothing herein shall prohibit or prevent River Oaks from
performing its own inspection or review of materials testing;
D. Fort Worth shall coordinate with River Oaks concerning construction timing and
completion of the River Oaks Segment;
E. Fort Worth will pay to River Oaks the amount of $15,357.00 for River Oaks'
installation of fencing necessitated by the off-street trail segment, shown in
Exhibits B and C, extending from Inspiration Lane;
City of Fort Worth-City of River Oaks ILA Lake Worth Trail Page 2 of 5
F. Fort Worth shall maintain the off-street trail segment, shown in Exhibit B, from its
intersection with Inspiration Lane to the Fort Worth/River Oaks boundary.
Section 3. TERMS OF AGREEMENT
A. OWNERSHIP. Upon completion, and final acceptance by River Oaks, the
sidewalk described in Sections 1. E. and 2. B., above, shall become a part of River Oaks'street
system for public use.
B. TERM. This Agreement shall be effective upon full execution hereof, as
described below, and shall continue in force and effect for so long as the Lake Worth Trail is
used by the public;
C. NOTICES. All notices or communications provided for herein shall be delivered
to River Oaks and Fort Worth or, if mailed, shall be sent to River Oaks and Fort Worth at their
respective addresses. For the purposes of notice, the addresses of the parties, until changed
by written notice, are as set forth in the recitals,with Notice to be directed to:
RIVER OAKS:Attention: Marvin Gregory,
City Administrator
FORT WORTH:Attention: Richard Zavala,
Director, Park& Recreation Department
D. IMMUNITY. It is expressly understood and agreed that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to waive, any privilege, immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
E. SEVERABILITY. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants or conditions of this Agreement are for any reason held to be
invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, or conditions in this Agreement shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
F. GOVERNING LAW. The validity of the Agreement and of any of its terms or
provisions, as well as the rights and duties hereunder, shall be governed by the laws of the
State of Texas.
G. PLACE OF PERFORMANCE. All actions to be taken or amounts due under this
Agreement shall be performed in Tarrant County, Texas. In the event that any legal proceeding
is brought to enforce this Agreement or any provision hereof, the same shall be brought in
Tarrant County,Texas.
H. ENTIRE AGREEMENT. This Agreement contains all the terms, commitments
and covenants of the parties. Any verbal or written commitment not contained in this Agreement
or expressly referred to in this Agreement and incorporated by reference shall have no force or
effect.
City of Fort Worth-City of River Oaks ILA Lake Worth Trail Page 3 of 6
I. CURRENT REVENUES. The parties hereto shall make any payments called for
hereunder only from current revenues legally available to each party.
J. MULTIPLE COUNTERPARTS. This Agreement may be executed in multiple
counterparts which, when taken together, constitute the entire Agreement.
IN WITNESS WHEREOF, the signatories below, each acting under authority of their
respective governing bodies, have caused this Agreement to be duly executed to be effective as
of the date subscribed by the signatory last executing this Agreement.
CITY OF FORT WORTH CITY OF RIVER OAKS
By: Gro By.
Fernando Costa erman D. E od
Assistant City Manager Mayor ` /
Date: Date: f�' � '— Zt`
ATTEPry
ATTEST:
10
M KVtserl
City Secretary
ha j
(CITY'S SEAL) (AUTHORITY'S SEAL)
of..Riv
Recommended By:
Rich rd Zavala, Director +
�c
ParkDepartment
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth-City of River Oaks ILA Lake Worth Trail FT U�S'��f�X
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
require
Name: Carlos G alez
Title: Park Plann r
Approved as to Form and Legality Approved as to Form and Legality
Douglas VnIack \Name:
Sr.Assistant City Attorney City e , River Oaks
-�i
OFFICIAL RECUR
City of Fort Worth-City of River Oaks ILA Lake Worth Trail CIN 4 ;TAY
FT. WVO IT ,TX
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