HomeMy WebLinkAboutContract 34298 CITY SECRETARY
CONTRACT NO. 34aq3
LEASE AGREEMENT
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This Lease Agreement is made and entered into between Keller Independent School
District acting by and through b r v i of F,,rm c,r herein designated as "KISD" and the
City of Fort Worth acting herein by and through Mayes A. G,Tr- is Assistant City Manager herein
designated as"City".
1 WITNESSETH:
WHEREAS, KISD is building a new school adjacent to Alta Vista Road in the City of
Fort Worth;
WHEREAS, as part of the construction of the Alta Vista school site, KISD is required to
perform street improvements and extend a water line across its property;
WHEREAS, City is the owner of the street known as Alta Vista.
WHEREAS, City has agreed to enter into a non-exclusive Lease Agreement with KISD
for the Lease of a portion of Alta Vista in order that KISD may construct improvements on Alta
Vista , ("Alta Vista Improvements"), such improvements being for the benefit of KISD and City,
as are more particulary described in the attached Exhibit "A". The location of the Leased Area
is described on Exhibit"B" attached hereto and made a part hereof("Leased Premises").
NOW, THEREFORE, for and in consideration of KISD constructing the Alta Vista
Improvements and other good and valuable consideration paid, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
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1. Leased Premises. City, in consideration of KISD constructing the Alta Vista
Improvements and of the covenants and agreement to be performed by KISD herein set
forth, does hereby grants to KISD a non-exclusive lease of and temporary construction
easement in the Leased Premises.
2. Non-Exclusivity. This Lease and other rights and benefits herein created are not
exclusive, and City hereby reserves the right to grant such other leases, licenses,
easements, rights, benefits, or privileges to such persons and for such purposes as City in
its discretion may elect, so long as such purposes do not materially interfere with the
rights and benefits granted herein to KISD.
3. Term of Lease. The term of this lease shall be until completion of the Alta Vista
Improvements or December 31, 2007, whichever is sooner.
4. Acceptance of the Leased Premises by KISD. KISD taking possession of the Leased
Premises shall be conclusive evidence that (a) the Leased Premises are suitable for the
purposes and uses for which same are leased; and (b) KISD waives any and all defects in
and to the Leased Premises, its appurtenances, and in all the appurtenances thereto.
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Further, KISD takes the Leased Premises and all appurtenances, in "AS 1S" condition
without warranty, expressed or implied, on the part of City. City shall not be liable to
KISD, KISD's agents, employees, contractors, invitees, licensees, or guests for any
damage to any person or property due to KISD's actions or KISD's contractor's actions
on the Leased Premises.
5. No Services. City shall not furnish KISD with any utilities, cleaning, lighting, security,
fence, gate or any other items or services for the Leased Premises. Any services or
utilities needed by KISD will be provided by KISD at its sole cost.
6. Road Closures. If KISD requires any road closures or partial road closure in order to
construct the Alta Vista Improvements, KISD agrees to coordinate any road closures or
partial road closures with City and obtain City's consent before any closure. To obtain
City's consent, KISD shall contact
7. Use and occupancy. KISD shall, at its expense, use and maintain the Leased Premises
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). KISD shall use and occupy the Leased Premises in order to
construct the Alta Vista Improvements and for no other purpose. KISD agrees not to use
or to allow or permit the Leased Premises to be used for any purposes(s) prohibited by
any law of the United States or the State of Texas or by any ordinance of the City of Fort
Worth; and KISD agrees not to commit waste or permit waste to be committed or to
allow, or permit any nuisance on or in the Leased Premises. At the ten-nination of this
lease, whether by lapse of time or otherwise, KISD shall deliver the Leased Premises to
City in as good condition as the same was as of the date of the taking of possession
thereof by KISD.
8. Assignment and Subletting. Neither party hereto shall assign, sublet or transfer its
interest herein without prior written consent of the other party, and any attempted
assignment, sublicense or transfer of all or any part hereof without such prior written
consent shall be void..
9. Alterations, Additions, and Improvements. Other than KISD constructing the Alta Vista
Improvements, KISD shall make no alterations in, or additions to, the Leased Premises
without the prior written consent of City. All alterations, additions and improvements
made to or fixtures or other improvements placed in or upon the Leased Premises shall be
deemed a part of the Leased Premises and the property of City at the end of the term of
the Lease. All such alterations, additions, improvements, and fixtures shall remain upon
and be surrendered with the Leased Premises as a part thereof at the termination of this
Lease.
10 Insurance. KISD shall not enter the Leased Premises and commence construction of the
Improvements until its contractors have obtained the following insurance coverage and
shown proof of such coverage to City:
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Commercial General Liability(CGL)Insurance Policy
$1,000,000 each occurrence
$2,000,000 aggregate limit
Automobile Liability Insurance Policy
$1,000,000 each accident on a combined single limit basis
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
Workers'Compensation Insurance Policy
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas Workers' Compensation
Act (Sec. 401.001 et seq. Texas Labor Code) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
City, its Officers, Employees and Volunteers shall be named as an Additional Insured.
Exception; the additional insured status does not apply to Workers' Compensation policies.
Thirty (30) days notice of cancellation or non-renewal: The following clause is required: "This
insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until
after thirty(30) days prior written notice has been given to the City of Fort Worth by U.S. mail."
The insurers for all policies must be licensed/approved to do business in the State of Texas and
have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of City).
11. Bonds: KISD must provide performance and payment bonds covering the Alta Vista
Improvements, in form acceptable to the City Attorney.
12. Liens. KISD will not cause or permit any mechanics' liens or other liens to be filed
against City's Property by reason of any work, labor, services, or materials supplied or
claimed to have been supplied to Licensee. If such a mechanic's lien or materialman's
lien is recorded against the City's Property, KISD must either cause it to be removed or, if
KISD in good faith wishes to contest the lien, take timely action to do so, at KISD's sole
expense.
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13. No Hazardous Or Toxic Substances. Under no circumstances during the term of this
License shall KISD use or cause to be used or any hazardous or toxic substances or
materials, or store or dispose of any such substances or materials on the Property.
14. Default by KISD. If KISD defaults in the performance of any term of this Agreement
City may send KISD a certified letter explaining the deficiency in their performance of
this Lease. KISD shall correct such deficiency.
15. Notice.All notices, requests, and other communication under this Lease shall be in
writing and shall be delivered in person or sent by certified mail, return receipt requested,
addressed as follows:
If intended for CITY:
City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth,Texas 76102
Telephone(817) 392-6111
Facsimile: (817)392-6134
E-Mail:
If intended for KISD:
Bill Stone
Keller ISD-Business Operations
350 Keller Parkway
Keller,TX 76248
Telephone:817.744.1000
Fax:817.337.3264
or at such other address, and to the attention of such other person, as the parties shall give notice
as herein provided. All such notices, requests and other communications shall be deemed to
have been sufficiently given for all purposes hereof, whether actually received or not, upon
deposit of both the original and copy in a post office or official depository of the United States
Postal Service.
16. Severability. The provisions of this Agreement are severable, and if any word, phrase,
clause, sentence, paragraph, section or other part of this Agreement or the application
thereof to any person or circumstance shall ever be held by any court of competent
i jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Agreement and the application of such word, phrase, clause, sentence, paragraph, section,
or other part of this Agreement to other persons or circumstances shall not be affected
thereby and this Agreement shall be construed as if such invalid or unconstitutional
portion had never been contained therein.
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17. Contract Construction. The parties acknowledge that each party and, if it so chooses, its
counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party
must not be employed in the interpretation of this Agreement or any amendments or
exhibits hereto.
18. No Third-Party Beneficiaries. This Agreement shall inure only to the benefit of the
parties hereto and third persons not privy hereto shall not, in any form or manner, be
considered a third party beneficiary of this Agreement. Each party hereto shall be solely
responsible for the fulfillment of its own contracts or commitments.
19. Venue And Jurisdiction. If any action,whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action shall lie in state
courts located in Tarrant County, Texas. This Agreement shall be construed in
accordance with the laws of the State of Texas.
20. Independent Contractor. KISD shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the City.
KISD shall have exclusive control of, and the exclusive right to control the details of the
work performed for the Alta Vista Improvements, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, employees
and subconsultants (or subcontractors). Nothing herein shall be construed as creating a
partnership or joint venture between the City and KISD, its officers, agents, employees
and subconsultants (or subcontractors), and doctrine of respondent superior has no
application as between the City and KISD.
21. Compliance With Law. KISD, its officers, agents, employees, contractors and
subcontractors, shall abide by and comply with all laws, federal, state and local, including
the Charter and all ordinances, rules and regulations of the City. It is agreed and
understood that, if City calls the attention of KISD to any such violations on the part of
KISD, its officers, agents, employees, contractors or subcontractors, then KISD shall
immediately desist from and correct such violation.
22. Governmental Powers. It is understood that by execution of this Agreement, the City
does not waive or surrender any of it governmental powers or immunities.
23 Counterparts. This Agreement may be executed in several counterparts, all of which
when taken together shall constitute one and the same agreement.
24. Entire Agreement. It is expressly agreed by KISD. as a material consideration for the
execution of this Lease, that there are and were no verbal representations,
understandings, stipulations, agreements, or promises pertaining thereto not incorporated
in writing herein, and it is likewise agreed that this Lease shall not be altered, waived,
amended, modified, or extended otherwise than as provided herein, except same may be
done in writing signed by each of the parties hereto.
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In witness whereof, the parties hereto have caused this Lease to be executed as the day
and year first above set forth.
CITY OF FORT WORTH KELLER INDEPENDENT SCHOOL DISTRICT
MaroA. Ott
Assistant City Manager
APPROVED A TO FORM:
Assistant City ttorney
ATTEST:
City Secretary
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Contr ct .Authorizdtion
Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/31/2006
DAT : Tuesday, October 31, 2006
LOG AME: 12KELLERLEASE REFERENCE NO.: **C-21804
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SUBJECT:
Authorization to Enter into a Non-Exclusive Lease Agreement with the Keller Independent School
District for the Installation of Improvements in Alta Vista Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a non-exclusive lease
agreement with Keller Independent School District (KISD) for the installation of water and sewer mains,
storm sewer and roadway improvements in Alta Vista Road.
DISCUSSION:
KISD is building a new school on property owned by the KISD situated at the southwest corner of Alta Vista
Road and North Beach Street. As a part of the construction to serve its schools, Keller must install off-site
improvements including the installation of water and sewer mains, a storm sewer and roadway
improvements to Alta Vista Road. A new law passed in the last legislative session (HB 1826) that provides
that in order for a school district to make improvements on property the school district must own or lease
the property. Keller has requested a non-exclusive lease of a portion of Alta Vista Road in order to make
the improvements.
Staff r commends that the City enter into a non-exclusive Lease Agreement for a term beginning October
24, 2 06 and ending December 31, 2007 or when the improvements are completed, whichever is
soone . At the termination of the lease, all improvements made by the KISD will be owned by the City.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/ClERTIFICATION:
The Fi iance Director certifies that this action will have no material effect on city funds.
TO Fund/AccounVCenters FROM Fund/AccounVCenters
Submitted for City Manager's Office W. Karen Montgomery (6222)
Originating Department Head: David Yett (7623)
Additional Information Contact: David Yett (7623)
h4://wvtw.cfwnet.org/council_packet/Reports/mc_print.asp 1 l f15/2006
SUMMARY OF
COST
Keller ISD New Elementary School
Item Developer City Cost Total Cost
Cost
A.Construction $
$
1. Streets $126 820.00 126,820.00
2.Storm Drainage $297 690.00 297,690.00
I Street Lights 1 $7 800.00 7,800.00
4.Street Name Signs $0.00 $
B. Engineering Design 1 $C. Construction Engineering
and Management by DOE $ $
4% 116,980.40 16 980A
D.Materials Testing by DOE $ $
2`k 8,490.20 18,490.20
$ L4*57,780.60
TOTALS 457 780.60 $ -
Notes:
1.All Preliminary Plats filed after July 2000 will require sidewalks on all streets.
2.Developer's column for Item C represents four percent(4%)cost for construction
inspection fees:, The City will pay additional inspection fee over 4%.
3.City not preparing plans and specifications.
4.Developer's column for Item D represents two percent(2%)of paving and storm drain
costs for materials testing.
Keller ISD New Elementary School CFA-0816 06 4
Exhibit "A"
OPINION OF PROBABLE CONSTRUCTION COST
PROJECT: Offsfte Wafer Improvements to serve New Alta Vista DATE. 9/19/2006
Elememlary
TIP JOB# VLK 06202
ITEM DESCRIPTION Q7•Y. UNIT UNIT COST TOTAL
I IWATER IMPROVEMENTS ?
12"PVC Water Line 1265 LF $45.00 $56,925.00
8"PVC Water Line 65 i LF $35.00 $2275.00
4'PVC Water Una 5 LF $36.001 $175.00
3'Meter and Vault 1 EA 1 $9,5 .00 $9 500.00
L'IRR Wataf Meter 1 2 EA 1 $650.001 $1 300.00
4'We Valve with'Box 1 EA 1 '$600,00 $600.0o
8.'Gate`viw withl3ox 1 2 EA 1 $800.00 $1 600.00
12"Gate Valve EA $1,Op0.D0 $1000.00
24"xl2" a•ping Sleeve&Gate Valve with Box' 1 EA $6,0W.00 $6,000.00
Ductile Iron Fitiin s: 0.9 TON $3,000.00 $2,700.00
HMAC avenierit Re air 65 LF $55.00 $3 575.00
Testin . 1335 LF $1.001 $1,335.00
Erosion Control 1 LS $1.000.001 $1,000.00
Traffic Control 1 CS I $1,M0.001 $1,000.00
UNIT I(WATER $88,985.00
Clty of Fort Worth 118aferial Testin Fee'2°!° $1779.70
Ct of Fort Worth Water De artment inspection Fee 2°/. $1,779.70
TOTAL CONSTRUCTION COST-DEVELOPEi2 $92,544,40
Exhibit "A"
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oving improvements
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