HomeMy WebLinkAboutContract 37094CITY �ECRET�►RY " �� � J
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LEASE AGREEMENT
This Lease Agreement ' made and entered into between Keller Independent School
District acting by and through �0�-�� �Z herein designated as "KISD" and the
City of Fort Worth acting herein by and through is Assistant City Manager herein
designated as "City".
WITNESSETH:
WHEREAS, KISD is building two new schools adjacent to Timberland Road in the City
of Fort Worth, Elementary No. 20 and High School No. 4;
WHEREAS, as part of the construction of the school sites, KISD is required to perform
water, sewer, storm drainage and street improvements ("Improvements") on property owned by
City in and adjacent to Timberland Road, Grey Twig Drive and an unnamed street currently
labeled "Street A", ("Leased Premises");
WHEREAS, City has agreed to enter into anon -exclusive Lease Agreement with KISD
for the Lease of the Leased Premises in order that KISD may construct the Improvements on
those streets, such Improvements being for the benefit of KISD and City, as are more particulary
described on the sheets attached hereto and made a part hereof as the attached Exhibit "A". The
location of the Leased Premises is described on the sheets attached hereto and made a part hereof
as Exhibit "B".
NOW, THEREFORE, for and in consideration of KISD constructing the Improvements
and other good and valuable consideration paid, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Leased Premises. City, in consideration of KISD constructing the Improvements and
of the covenants and agreement to be performed by KISD herein set forth, does hereby
grants to KISD anon -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 Improvements by
KISD and approval and acceptance of the Improvements by City or December 31, 2009,
whichever is sooner.
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the Leased Premises by KISD. KISD taking possession of the Leased
be conclusive evidence that (a) the Leased Premises are suitable for the
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05-14-08 I'03: Uu I id
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.
Further, KISD takes the Leased Premises and all appurtenances, in "AS IS" 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 properly due to KISD's actions or KISD's contractor's actions
on the Leased Premises.
$. 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 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 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 termination 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. Assig_mnent 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
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;proo'f bf 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
$10000 each accident on a combined single limit basis
or
$250,000 Property Damage
$5005000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on
autos owned, hired and non -owned.
Workers' Compensation Insurance Policy
Statutory limits
Employer's liability
$1005000 Each accident/occurrence
$1005000 Disease - per each employee
$500,000 Disease - policy limit
"Any Auto", defined as
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 Me 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- requi
renewal: The following clause is red: "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
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
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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 I�ISD:
Mark Youngs
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
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 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. Counternarts. 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 writingsgned 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
Assistant City Manager
APPROVED AS TO FORM:
ATTEST:
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KELLER INDEPENDENT SCHOOL DISTRICT
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SUMMARY OF COST
KELLER HIGH SCHOOL NO 4
Item Developer City Cost Total Cost
Cost
A. Construction
1. Streets
$649,740,00 $ 649,740.00
2. Storm Drainage
$472,560.00 $ 472,560.00
3, Street Lights
$28,600,00 $ 28,600900
4. Street Name Signs
$490.00 $ 490.00
B. Engineering Design
C. Construction Engineering $ 44,892000
and Management by DOE (4%) $ 44,892.00
$ 22,446.00
D. Materials Testing by DOE (2%) $ 22,446.00
TOTALS
$ 1,218,728.00 $ - $ 1,218,728.00
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SUMMARY OF
COST
KELLER ISD ELEMENTARY NO 20
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r� COUNCIL ACTION: Approved on 1/15/2008
DATE: 1/15/2008 REFERENCE L-14453 LOG NAME% 30KISD
NO.: LEASE
CODE: L T(pEa NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Non -Exclusive Lease Agreement with the Keller
Independent School District to Accommodate the Installation of Community
Facilities Required by the Construction of Elementary School No. 20 and
High School No. 4
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute anon -exclusive lease
agreement with the Keller Independent School District for a portion of City property in and around Timberland
Road, Grey Twig Drive, and an unnamed street referred to in the Lease as "Street A" to accommodate the
installation of water, sewer, storm drainage and street improvements required by the construction of Keller
Independent School District Elementary School No. 20 and High School No. 4 in the City of Fort Worth.
DISCUSSION:
Keller Independent School District (KISD) is building Elementary School No. 20 and High School No. 4 in the
City of Fort Worth. KISD must install community facilities in and around portions of City property related to
Timberland Road, Grey Twig Drive and an unnamed street referred to in the Lease as "Street A" to serve the
new schools. Said improvements will be upon property adjacent to KISD property in the City of Fort Worth.
State law requires that a school district can only make improvements on property the school district owns or
leases. KISD has requested a non-exclusive lease of the aforementioned City property in order to make the
improvements necessitated by its construction of the schools.
Staff recommends that the City enter into anon -exclusive lease agreement for a term beginning upon
execution and terminating when the improvements are completed and accepted by the City. At the
termination of the lease, all improvements made by KISD will be owned by the City.
This property is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on city funds.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
LaTrice Tatum Forbes (8362)