HomeMy WebLinkAboutContract 39254 (2)CITY SECRETARY
CONTRACT NO, 5
LEASE AGREEMENT
This Lease Agreement is made and entered into between Eagle Mountain -Saginaw
Independent School District, acting by and through its Board of Trustees, herein desed as
"EM-SISD", and the City of Fort Worth, acting herein by and through its
Assistant City Manager, herein designated as "City".
WITNESSETHa
WHEREAS, EM-SISD is renovating Boswell High School adjacent to roads in the City
of Fort Worth;
WHEREAS, as part of the renovation of Boswell High School, EM-SISD is required to
install a gas meter and gas line improvements ("Improvements") in public right -of --way owned
by the City adjacent to its property;
WHEREAS, City has agreed to enter into anon -exclusive Lease Agreement with Eagle
Mountain -Saginaw ISD for the Lease of a portion of the right -of --way along Bailey Boswell Road
along the northern property line of Lot 1, Block 1, Boswell High School in order that EM-SISD
may construct Improvements adjacent to Bailey Boswell Road, such improvements being for the
benefit of EM-SISD and City. The location of the leased area is shown in the shaded area on
Exhibit "A" attached hereto and made a part hereof ("Leased Premises").
NOW, THEREFORE, for and in consideration of EM-SISD 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 EM-SISD constructing the Improvements and
of the covenants and agreement to be performed by EM-SISD herein set forth, does
hereby grants to EM-SISD 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 EM-SISD.
3. Term of Lease. The term of this lease shall be for 30 days from its execution or until
completion of the Improvements and acceptance of same by Atmos Energy whichever
occurs first. If the Improvements are not
completed and accepted within the initial 30
"ITY SECRETARY
FORTH, TX
4. Acceptance of the Leased Premises by EM-SISD. EM-SISD 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) EM-SISD waives any and
all defects in and to the Leased Premises, its appurtenances, and in all the appurtenances
thereto. Further, EM-SISD 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 EM-SISD, EM-SISD's agents, employees, contractors, invitees, licensees, or
guests for any damage to any person or property due to EM-SISD's actions or EM-
SISD's contractor's actions on the Leased Premises.
6. No Services. City shall not furnish EM-SISD with any utilities, cleaning, lighting,
security, fence, gate or any other items or services for the Leased Premises. Any services
or utilities needed by EM-SISD will be provided by EM-SISD at its sole cost.
7. Road Closures. If EM-SISD requires any road closures or partial road closure in order to
construct the Improvements, EM-SISD 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, EM-SISD shall contact (,t,J
8. Use and occupancy. OvI-SISD 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). EM-SISD shall use and occupy the Leased Premises in order to
construct the Improvements and for no other purpose. EM-SISD 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 EM-SISD 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, EM-SISD 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 EM-SISD.
9. Assig�unent and Subletting. Neither parry 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. Alterations, Additions, and Improvements. Other than EM-SISD
constructing the Improvements, EM-SISD 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
Atmos Energy, under its franchise agreements with 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.
l0.Insurance. EM-SISD 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:
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
$5005000 Disease - policy limit
This coverage maybe 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 sue.
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: EM-SISD must provide performance and payment bonds covering the
Improvements, in form acceptable to the City Attorney.
12. Liens. EM-SISD 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, EM-SISD must either cause it to be removed
or, if EM-SISD in good faith wishes to contest the lien, take timely action to do so, at EM-
SISD's sole expense.
13. No Hazardous Or Toxic Substances. Under no circumstances during the term of this
License shall EM-SISD 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 EM-SISD. If EM-SISD defaults in the performance of any term of this
Agreement City may send EM-SISD a certified letter explaining the deficiency in their
performance of this Lease. EM-SISD 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:
Dr. Cole Pugh
Eagle Mountain -Saginaw Independent School District
1200 Old Decatur Road
Fort Worth, TX 76179 USA
Phone: (817) 232-0880
Fax: 817.232.3596
or at such other address, and to the attention of such other person, as the parties shall give
notice as herein provided. An suc11 h notices, requests and o`�her cominu ucations 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.
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. EM-SISD shall perform all work and services hereunder,
through its contractors and subcontractors, as an independent contractor, and not as an
officer, agent, servant or employee of the City. EM-SISD's contractors and
subcontractors 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 EM-SISD, its officers, agents,
employees and subconsultants (or subcontractors), and doctrine of respondent superior
has no application as between the City and EM-SISD.
21. Compliance With Law. EM-SISD, 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 EM-SISD to any such violations on the part
of EM-SISD, its officers, agents, employees, contractors or subcontractors, then EM-SISD
shall immediately desist from and correct such violation.
22. Governmental Powers. It is understood that by execution of this Agreement, neither the
City or EM-SISD do not waive or surrender any of their 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 EM-SISD. 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.
In witness whereof, the parties hereto have caused this Lease to be executed as the day
and year set forth below, and to be effective from the latter of those dates.
OF FORT WORTH
Assistant City Manager
Date: (0 ' (
ATTEST:
EAGLE MOUNTAIN-SAGINAW
IN DEPENDENT,SCHOOL DISTRICT
Printed Name: � �G.iC.. �.C.1F.t�lS
Title: 1 D��
Date: �l - 2.1-0n
�FFICiAL RECdFtC
43TY SECRETARY
r FTv WORTH, TX