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Contract 47362 (2)
211. RECEIVED t DEC242015 011Y OF 1tRTWORTII CITY SECRETARY f C1TY$ECRETAm' ONTRACT iii1p2- - -- - - INTE LOCAL COOPERATION AGREEMENT MENT n This INTERILOCAL COOPERATION AGREEMENT NF-1 ("Agreement") is entered into on s� of jTJ3t he. , 20 1 S("Effective Date")byand between THE CITY OF F RT WORTH ("City"), a home -rule municipal corporation organized under the laws of the State of Texas, and the OARD OF TRUSTEES of the FORT WORTS INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District ("FWISD"), by and througl, its duly authorized representative. WHEREAS, on or about 1971, the United States of America, acting by and through the Secretary of the Interior and the Director of the Bureau of Outdoor Recreation, deeded to the City a certain piece of real property known as Rolling Hills Park located at 2525 Joe B. Rushing Road, Fort worth, Texas 76119 ("Park"), a description of the which is attached hereto as Exhibit A and incorporated herein; WHEREAS, AS, said deed is filed of record with the County Clerk of Tarrant County and attached hereto as Exhibit B and incorporated herein for all purposes ("Deed") and is subject to certain reservations, exceptions, restrictions, conditions, and covenants; WHEREAS, one of the conditions of said Deed provides that City shall not sell, lease, assign, or otherwise dispose of the premises, except to another eligible government agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes; WHEREAS, the FWISD's mission is to prepare students for success in college, career, and community leadership, along with instilling such values as student achievement, leadership development, respect for diversity, equity in access, perseverance and commitment, and continuous improvement; WHEREAS, providing athletic and recreational opportunities to students is essential in furthering FWISD's mission and values; WHEREAS, cooperation between the City and FWISD in the joint development, maintenance, and sharing of facilities has been a matter of longstanding agreement between the parties for many decades; WHEREAS, in 1978, the Fort Worth City Council approved a program to permit City to enter into lease and use agreements with the FWISD to, among other things, construct, renovate, and maintain approximately ten tennis facilities throughout the City of Fort Worth, including a facility at the Park to serve 0.D. Wyatt High School (1vi&C G-3820); WHERE A S, in 1979, the City and FWISD entered into an agreement governing the construction, maintenance, and use of eight tennis courts at the Park; WHEREAS, after wear and tear associated with more than thirty (30) years of combined use between City and FWISD, the eight tennis courts are now in need of repair so that they can effectively continue to serve the athletic and recreational needs of both FWISD students and the general public; WHEREAS, in order to restore the eight tennis courts to an acceptable usable condition, the parties are committed to sharing in the total cost of the renovations, with the FWISD being responsible for ensuring the completion of the actual renovations; Intcrlocat Agreement with Fort worth Independent School District 1 of 29 WHEREAS, after the tennis courts are renovated, FWISD desires to use them to provide tennis and tennis -related physical education, athletics, and recreational programs to its students; WHEREAS, this arrangement provides FWISD with much needed tennis facilities to serve its physical education, athletics, and recreational programs; WHEREAS, the City, in turn, benefits from this arrangement by providing its citizens with access to and use of recreational opportunities that would not otherwise exist without the cooperation of FWISD, namely a fully renovated tennis facility WHEREAS, the parties have determined that the performance of this Agreement by both parties is in the common interest of both and will benefit the common good WHEREAS, this Agreement is authorized by Section 791 of the Texas Government Code; WHEREAS the City has requested and received concurrence from the Secretary of the Interior of the United States of America or an individual acting on that person's behalf ("Federal Government") to enter into this Agreement for the purposes stated herein; and NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: >I_ INCORPORTION OF RECITALS AND PRIOR AGREEMENTS 1.I The City and FWISD hereby find and agree that the recitals set forth above are true and correct and form the basis upon which the parties have entered into this Agreement. 1.2 To the extent any prior agreements are currently in effect between the parties relating to the matters contained herein, such agreement shall be terminated and superseded by this Agreement upon the Effective Date of this Agreement. 2 GRANT OF LICENSE AND TERM 2.1 Subject to the terms of this Agreement, City hereby grants unto FWISD a license to enter upon and use the tennis facility within the Park, which consists of eight tennis courts, ( `Licensed Premises") for the following purposes: (a) renovating the existing tennis facility and (b) providing tennis or tennis -related physical education, athletics, and recreational programs to its students, and (c) carrying out any other obligations set forth in this Agreement. The Licensed Premises is set forth in more detail in Exhibit C, which is attached hereto and incorporated herein for all purposes. The grant of rights contained in this Agreement shall in no way disrupt existing or future recreational opportunities and amenities available at the Park 2.2 Unless terminated earlier in accordance with the terms and conditions of this Agreement, this Agreement shall begin on the Effective Date and expire on September 30, 2035 ("Term"). Interlocal Agreement with Eton Worth Independent School District 3. LICENSE FEE 3.I For and in consideration of the rights and privileges granted herein, FWISD agrees to pay the City a sum of One Dollar and No Cents ($1.00) on an annual basis, with such amount being due and payable to the City on October I st of each calendar year of this Agreement. Such payment shall be delivered to the Director of the City's Parks and Community Services Department or that person's designee ("Director") at the main address set forth in the notice provision of this Agreement. 4. CONDITION OF THE LICENSED PREMISES 4.1 FWISD takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of City. On or prior to the beginning of the Term, FWISD shall conduct a thorough and diligent inspection of the Licensed Premises. FWISD's execution of this Agreement shall be conclusive evidence that the Licensed Premises is in satisfactory condition for FWISD's intended use. No promises of City to alter repair, or improve the Licensed Premises and no representations respecting the condition of the Licensed Premises have been made by City to FWISD, other than as expressly contained in this Agreement. 5 OBLIGATIONS FOR RENOVATION OF THE LICENSED PREMISES 5,1 FWISD's ObHeations. FWISD agrees to contribute at !east Twenty -Five Thousand Dollars and No Cents ($25,000.00) toward the renovation of the Licensed Premises and perform, or cause to be performed, all activities related to such renovation, including, but not limited to, resurfacing all eight tennis courts (which will include, at the very least pressure washing, crack repairs, new two-tone surface materials, new striping of all lines and markings, cleaning and painting of existing net poles, and the installation of new nets with crank wenches on existing poles) Any work performed or contract awarded by the FWISD or its contractors or subcontractors for renovations to the Licensed Premises shall be subject to the following: 5.1.1. (i) A set of plans and specifications pre -approved by authorized representatives of City and FWISD prior to beginning any construction, (ii) all applicable laws ordinances, rules regulations, and specifications of all federal state, county, city, and other governmental agencies applicable to the Park, now or hereafter in effect; (iii) in a good and workman like manner; and (iv) industry standards of care, skill, and diligence. No substantial changes to the approved construction plans may be made without the written approval of the Director. 5.1.2 FWISD shall schedule a pre -construction meeting with the Director at least three (3) business days prior to initiating any construction or activity on the Licensed Premises. The pre -construction meeting shall be for purposes of outlining FWISD's plans and schedules regarding (i) renovation of the Licensed Premises, (ii) minimizing construction impact on vegetation and the Park, in general, and (iii) restoration of all affected parkland and amenities. 5.1.3 FWISD shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with its use of the Park. Interlocal Agreement with Fon Worth Independent School District 3 of 29 5.1.4 Subject to Section 5.2, FWISD shall do all work and furnish all labor, equipment, services, and materials necessary to fully complete all the work as provided for in this Agreement. City shall not be responsible for any costs associated with the renovation of the Licensed Premises, including, but not limited to, any costs for construction, labor, equipment, or materials except as specifically set forth in Section 5.2. 5.1.5 FWISD shall require its contractor to provide a maintenance bond in favor of the City for all construction undertaken on the Licensed Premises, with the term for said bond beginning on the date that the City accepts the work and takes title thereto and extending for a period of two years thereafter. 5.1.6 FWISD shall notify City at least three (3) business days prior to beginning any construction unless otherwise approved in writing between the parties. 5.1.7 All construction and renovation to be conducted under this Agreement for the Licensed Premises shall be subject to inspection and approval by the City and its representatives. 5.1.8 Approval by City of any plans or designs shall not constitute or be deemed a release of the responsibility and liability of FWISD, its officer, representatives, agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any of the designs, working drawings, and specifications or other engineering documents, building or improvement constructed from the plans or specifications prepared by FWISD, or its officers, representatives, agents, servants, employees contractors, and subcontractors (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to be constructed). 5.1.9 FWISD further agrees that if, during the course of any renovation activities, damages result to the Park or City's park facilities, as determined by the City's Director, FWISD shall repair or restore same to a condition satisfactory to the Director within thirty (30) calendar days. 5.1.10 FWISD shall require its design professional to prepare as built drawings based upon final construction and shall submit two copies of these drawings to City, which shall become property of City on the date of submission. 5.1.11 If FWISD does not complete all renovation work on the Licensed Premises within one year after the Effective Date of this Agreement, then the City shall have the full and absolute nght to terminate this Agreement without any penalty or liability The parties may agree to extend this deadline in writing. 5.2. Citv's Oblieations. 5.2.1 City shall provide funding to FWISD in an amount up to $25,000 00 toward the renovation of the Licensed Premises, with all funding to be provided on a reimbursement basis. Interlucal Agreement with Fon Worth Independent School District •t or:9 5.2.2 To receive reimbursement, FWISD shall submit to City a copy of all applications for payment received from FWISD's prime contractor(s). An application for payment must include supporting documentation for the cost of work incurred through the date of the application for payment, including, but not limited to, partial lien waivers for the period covered by the prior application for payment and all prior periods from the prime contractor(s) and each subcontractor who has performed any work during the period covered by application for payment and any other substantiating documentation requested by City. City shall pay FWISD the amount contained within the application for payment that is attributable to the City obligations herein, Tess any retainage provided for in the construction contract between FWISD and its prime contractor(s), in accordance with Chapter 2251 of the Texas Government Code (otherwise known as the Prompt Pay Act). 6. POST RENOVATION USE OF THE LICENSED PREMISES 6.1 Upon completion of the renovations set forth in Section 5 of this Agreement, the FWISD shall have use of the Licensed Premises to provide tennis or tennis -related physical education athletics, and recreational programs to its students until 5:00 p.m. on all regularly - scheduled school days in accordance with the regular school calendar adopted by FWISD for the then current year (excluding summer school). 6.2 The City shall have exclusive use of the Licensed Premises for all dates and times not specifically reserved for FWISD as set forth in Section 6.1 including, but not limited to, (1) all FWISD school holidays and breaks (including winter break, summer break, Thanksgiving break, spring break and staff development days); and (2) every Saturday and Sunday; and (3) after 5 00 p.m. on all regularly -scheduled school days. 6.2 1 If FWISD requires the use of the Licensed Premises for special events, such as tennis tournaments, outside of FWISD's scheduled use as set forth in Section 6.1, then FWISD shall coordinate such use with City to avoid any conflicts with the public's use set forth in Section 6.1.2. FWISD shall provide the City with at least thirty (30) days written notice of any such use, with such notice to include a description of the event, along with the dates and times of the proposed use. The Director reserves the right to approve, reject, or propose alternatives to FWISD's proposed use. 7. MAINTENANCE. REPAIRS. UTILITIES. AND ADDITIONAL ALTERATIONS AND IMPROVEMENTS 7.1 Routine Maintenance. City and FWISD shall provide routine maintenance of the Licensed Premises in accordance with the following schedule: 7.1.1 FWISD shall, at its own cost and expense, provide routine maintenance of the Licensed Premises from September 1 to May 3 I of each calendar year. 7.1 2 City shall, at its own cost and expense, provide routine maintenance of the Licensed Premises from June 1 to August 30 of each calendar year. 7.1.3 For purposes of this Agreement, "routine maintenance" shall be defined as tightening of the tennis nets, general upkeep and cleaning, and minor repairs of the Licensed Premises. Interlocal Agreement with Fort Worth Independent School District 5 of 29 7.2 Major Repairs. With regard to any major repairs, including, but not limited to, striping, infrastructure, poles, nets, resurfacing, and the like, representatives of both FWISD and City will perform an on -site inspection of the Licensed Premises on or before January 1 of each calendar year to assess the need for major repairs. If the parties mutually agree that major repairs are necessary, then the parties will share in the cost of such repairs equally. To the extent that any major repairs are necessary to the Licensed Premises, the parties agree to enter into a written agreement setting forth, among any other key terms, the financial share attributable to each party, scope of repairs, and the party responsible for managing and supervising such repairs. If there is a dispute as to whether a repair constitutes routine maintenance or a major repair, the determination of the Director shall be final 7.3 Emergency Repairs. To the extent that any emergency repairs are necessary to the Licensed Premises to protect the safety of its intended users or the integrity of the intended use, then the party desiring the emergency repairs shall contact the other party to schedule an inspection of the Licensed Premises within a reasonable time. Either party may temporarily close the Licensed Premises until such time as the emergency situation is resolved. To the extent any emergency repairs are necessary to the Licensed Premises, the parties agree to enter into a written agreement setting forth, among any other key terms, the financial share attributable to each party, scope of repairs, and the party responsible for managing and supervising such repairs. If there is a dispute as to whether a repair constitutes an emergency repair, the determination of the Director shall be final. 7.A Utilities. The FWISD, at its sole cost and expense, shall be responsible for the installation and payment of all utilities services to all portion of the Licensed Premises and for all other related utilities expenses, including, but not limited to, deposits and expenses required for the installation of meters. FWISD further agrees to nay all costs and expense for any extension, maintenance, or repair of any and all utilities serving the Licensed Premises. 7.5 Additional Alterations and Improvements. Except as specifically set forth in this Agreement, FWISD shall not make any alterations or improvements to the Licensed Premises without the prior written consent of the Director. If such alterations or improvements are approved by Director, FWISD shall be responsible for managing and supervising all necessary construction work and be responsible for all costs associated therewith Notwithstanding anything to the contrary, City shall have the absolute right to construct any additional improvements it deems necessary on the Licensed Premises without any approval from FWISD; provided, such improvements do not interfere with FWISD's use under this Agreement. 8. TITLE TO IMPROVEMENTS 8.1 City shall have the exclusive right, title, and interest in all improvements constructed on the Licensed Premises, including, but not limited to, the renovations set forth in Section 5 and any repairs or additional alterations or improvements set forth in Section 7, upon written approval and acceptance of such improvements by the Director or upon earlier termination of this Agreement 9. HAZARDOUS MATERIALS 9.1 FWISD and FWISD's contractors, subcontractors agents, representatives, and employees shall not bring any Hazardous Material in or about the Park or Licensed Premises or any construction area. lnierlocal Agreement with Fort Worth Independent School District 6 of 29 9.2 If the presence of any Hazardous Material on the Park or Licensed Premises caused by FWISD or by FWISD's contractors, subcontractors, agents, representatives, or employees results in any contamination of the Park or Licensed Premises, FWISD shall promptly take all actions, at its sole expense, as are necessary to return the Park or Licensed Premises to as near as possible the condition existing prior to the introduction of any such Hazardous Material to the Park or Licensed Premises, provided that Ctty's approval of such action shall first be obtained with respect to actions required by FWISD. 9.3 As used herein, "Hazardous Material" means any element, compound, mixture, solution, particle or substance which presents danger or potential danger for damage or injury to health, welfare or to the environment and shall include, but shall not be limited to (I) any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance or oil as defined in or pursuant to: (a) the Resource Conservation and Recovery Act, as amended; (b) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; (c) the Federal Clean Water Act, as amended; (II) any other chemical, material or substance (a) which is regulated as a "toxic substance" (as defined by the Toxic Substance Control Act, 15 U S.C. Sec 2601 et seq., as amended); or (b) that is a "hazardous waste" (as defined by the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., as amended); or (c) that is a "hazardous substance" (as defined by the Comprehensive Environment Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec. 9601 et seq., as amended); (III) those substances that are inherently or potentially radioactive, explosive, ignitable, corrosive reactive, carcinogenic or toxic; (IV) those substances which have been recognized as dangerous or potentially dangerous to health, welfare or to the environment by any federal, state, municipal, county or other governmental or quasi -governmental authority and any department or agency thereof or which are the subject of any other federal, state or local environmental law, regulation, ordinance, rule or bylaw whether existing as of the date hereof, previously enforced or subsequently enacted, including, but not limited to: (a) polychlorinated biphenyls ("PCBs') or "PCB items" (as defined in 40 C.F.R. Sec. 761.3) or any equipment which contains PCBs; (b) any asbestos or asbestos -containing materials; (c) stored, leaked or spill petroleum products; or (d) exposure to which is prohibited, limited or regulated by any federal, state, county, regional, local or other governmental statute regulation, ordinance or authority of which, even if not so regulated, may or could pose a hazard to the health and safety of TCEQ, City and the occupants of or invitees to the Park or Licensed Premises. 10. INSURANCE 10.1 City and FWISD are basically self -funded entities and, as such, generally they do not maintain commercial liability insurance policies to cover premises or auto liability. Damages for which City or FWISD would ultimately be found liable would be paid directly and primarily by said party and not by a commercial insurance company. To the extent that insurance is required under this Agreement, such requirements are set forth in Exhibit D, which is attached hereto and incorporated herein for all purposes. 11. INDEPENDENT CONTRACTOR 11.1 Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. Inlerlocal Agreement with Fort Worth Independent School District 7 of 29 12. LIABILITY AND INDEMNIFICATION 12.1 TO THE EXTENT PERMITTED BY LAW, FWISD COVENANTS AND AGREES TO RELEASE, INDEMNIFY HOLD HARMLESS, AND DEFEND CITY AND THE UNITED STATES AND THEIR REPRESENTATIVES OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, DAMAGES, LIENS, LOSSES, JUDGMENTS EXPENSES, OR SUITS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER TYPE OF LOSS OR ADVERSE CONSEQUENCE RELATED IN ANY WAY TO THE EXISTENCE OF THIS AGREEMENT OR THE USE OF THE LICENSED PREMISES, REGARDLESS OF WHETHER THE ACT OR OMISSION COMPLAINED OF RESULTS FROM THE ALLEGED NEGLIGENCE OR ANY OTHER ACT OR OMISSION OF FWISD, CITY, OR ANY THIRD PARTY. 12.2 FWISD agrees to include in any of its subcontracts a release and indemnity in favor of City and the United States in substantially the same form as above 12.3 FWISD agrees that City and its predecessors in title shall not be liable for any Toss, injury, or damage whatsoever suffered or incurred by FWISD or its officers, employees, agents, representatives, contractors, subcontractors, students, invitees, licensees, and trespassers arising out of or related to this Agreement. City does not guarantee police protection and will not be liable for any loss or damage sustained by FWISD or its officers, employees agents representatives, contractors, subcontractors, students, invitees, licensees, and trespassers on the Licensed Premises. 12.4 Nothing in the performance of this Agreement shall impose any Liability for claims against the City other than claims for which liability may be imposed by the Texas Tort Claims Act. 12.5 This section shall survive the expiration or early termination of this Agreement. 13. TERMINATION 13.1. Failure by FWISD to Complete Renovations to the Tennis Courts. If FWISD fails to complete the renovation project outlined in Sections 5.1 of this Agreement within one (1) year after the Effective Date of this Agreement as may be extended by Force Majeure or by mutual written agreement of the parties, and such failure is not due to any failure of the City to comply with its obligations under Section 5.2, then City shall have the right to terminate this Agreement following provision to FWISD of at least sixty (60) calendar days' advance written notice. FWISD will not be entitled to reimbursement of any costs expended hereunder. 13.2. Breach by FWISD. If FWISD breaches a material provision of this Agreement other than as provided in Section 13.1 and such breach has not been cured within thirty (30) calendar days (or, if additional time is reasonably required in order to cure the breach and provided that FWISD is diligently pursuing the cure, within such additional time as may be necessary) then City shall have the right to terminate this Agreement following provision to FWISD of at least sixty (60) calendar days' advance written notice. FWISD will not be entitled to reimbursement of any costs expended hereunder. Intedocal Agreement with Fort Worth Independent School District R of 29 13.4. Breach by City. If the City breaches a material provision of this Agreement that prevents FWISD from completing an obligation of FWISD hereunder or that prevents FWISD from using the Licensed Premises in accordance with this Agreement, and such breach has not been cured within thirty (30) calendar days (or, if additional time is reasonably required in order to cure the breach and provided that City is diligently pursuing the cure, within such additional time as may be necessary), then FWISD shall have the right to terminate this Agreement following provision to the City of at least sixty (60) calendar days' advance written notice. 13.5. Termination for Convenience. Either party may terminate this Agreement at any time by providing the other party with at least thirty (30) calendar days' advance written notice. In this event, neither party will be entitled to reimbursement of any costs expended hereunder. Notwithstanding anything to the contrary, the City reserves the right to terminate this Agreement upon the request or demand of the Federal Government in the manner and method set forth by the Federal Government 13.6 Fiscal Fundina Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement City may terminate the portion of the Agreement regarding such obligations to be effective on the later of (t) ninety (90) calendar days following delivery by City's written notice and intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement 13.7 Other Remedies. Any termination of this Agreement as provided in this Agreement will not relieve FWISD from paying any sum or sums due and payable to City under this Agreement that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing against FWISD under this Agreement. Any such termination will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from FWISD for any default under the Agreement. Alt City s rights, options, and remedies under this Agreement will be construed to be cumulative, and riot one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement. No such termination shall relieve City from any obligation it may have to FWISD hereunder and FWISD may pursue any and all rights and remedies or relief provided by law whether or not stated in this Contract. 14. RIGHT OF ACCESS 14.1 City does not relinquish the right to control the management of the Park or Licensed Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. City through its Director, police and fire personnel and other designated representatives, has the right at any time to enter any portion of the Park or Licensed Premises (without causing or constituting a termination of the use or an interference of the use of the Park by FWISD) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property, provided this shall not authorize or empower City to direct the activities of FWISD or assume Liability for FWISD's activities. Intertocal Agreement with Fort Worth Independent School District LJ of 29 15. NOTICES 15.1 All written notices called for or required by this Agreement shalt be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: City of Fort Worth Attn: Director Park and Recreation Department Department 1000 Throckmorton Fort Worth, TX 76102 with a copy to: Attn: City Attorney City Attorney's Office 1000 Throckmorton Fort Worth, TX 76102 FWISD: Fort Worth Independent School District Attn: Board President 100 North University Drive Fort Worth Texas 76107 with a copy to: Attn: Chief Legal Counsel Office of Legal Services 100 North University, SW 172 Fort Worth Texas 76107 16 COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. 16.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations including, but not limited to, all provisions of the City's Charter and ordinances, as amended 17. NO WAIVER 17.1 The failure of either party to insist upon the performance of any teen or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 18 VENUE AND CHOICE OF LAW IS. I 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 Iaws of the State of Texas. 19. NO THIRD PARTY RIGHTS AND ASSIGNMENTS 19 1 The provisions and conditions of this Agreement are solely for the benefit of City and FWISD and are not intended to create any rights. contractual or otherwise to any other person or entity. Interlocat Agreement with Fort Worth Independent School District 1 tl n(Z9 19.2 The parties will not assign this Agreement or any interest therein, nor let or sublet the Licensed Premises or any party thereof or any right or privilege appurtenant thereto without a prior formal written amendment to this Agreement properly executed by parties. This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. Said let or sublet shall be grounds for termination of this Agreement by City or possible reversion of the Licensed Premises to the United States. 20, FORCE MAJEURE 20.1 If either City or FWISD 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 an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the parry'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. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. FWISD hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. 21. INTERPRETATION. CAPTIONS, AND AMENDMENTS 21.1 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 21.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21.3 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both City and FWISD and written concurrence by the Secretary of the Interior or that person's designated representative. 22. AUTHORIZATION. COUNTERPARTS. AND ELECTRONIC SIGNATURES 22.1 By executing this Agreement, FWISD's agent affirms that he or she is authorized by FWISD to execute this Agreement and that all representations made herein with regard to FWISD's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. 22.1 This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. lnlerlocnl Agreement with Fort Worth Independent School District I 1 of 29 23. CLAIMS AND WAIVER OF IMMUNITY 23.1 FWISD and City agree to notify the other promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. FWISD and City agree to make their officers, agents, and employees available at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the other party may be responsible hereunder. 22 2 Nothing herein shall be deemed to constitute a waiver or surrender of any immunity, power, or affirmative defense that may be asserted by FWISD or the City. 24. PERMITS AND LIENS 24.1 FWISD shall obtain and keep in effect at its own cost and expense all licenses and permits, and pay all taxes incurred or required in connection with its uses and obligations under this Agreement. 24 2 FWISD shall do no act or make any contract that may create or be the foundation for any lien upon or interest any City property. Any such contract or lien attempted to be created or filed shall be void. Should any purported lien on City property be created or filed, FWISD, at its sole expense, shall liquidate and discharge the same within ten (10) calendar days after notice from the City to do so; and should FWISD fail to discharge the same such failure shall constitute a breach of contract. 25. DEED 25.1 This Agreement and the obligations of the parties hereto may be subject to the terms and conditions of the Deed, and the current program of utilization that governs the use of the Licensed Premises. Violations of said terms and conditions may be grounds for reversion of the Licensed Premises to the United States of America, at its discretion and termination of the Agreement. In the event of a reversion as described in this paragraph, FWISD-owned personal and real property improvements associated with the Licensed Premises may be subject to seizure without compensation, by the United States. FWISD certifies that it has read and understands the Deed and agrees to comply with all applicable terms and conditions set forth therein. 25.2 FWISD acknowledged that the Park, including the Licensed Premises, is subject to the possibility of reversion back to the United States without compensation being paid to FWISD should there be a material breach of noncompliance by City or FWISD for not adhering to the Deed covenants, restrictions and agreements set forth in Exhibit B 26. SURRENDER AND WASTE 26.1 FWISD agrees that, upon expiration of this Agreement or earlier termination thereof, it shall surrender the Licensed Premises to City in as good or better condition as existed at the time of execution of this Agreement, ordinary wear and tear excepted. interlocal Agreement with Fon Worth Independent School District 12 of 29 26.2 FWISD further agrees that it shall permit no waste or suffer the same to be committed or injure or misuse the Licensed Premises, and that upon termination of' this Agreement for any reason, FWISD shall remove any of its personal property with thirty (30) calendar days of such termination. 27. NONDISCRIMINATION 27.1 The parties shall not engage in any unlawful discrimination based on race, creed, color national origin, sex, age religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and the parties represent and warrant that, to the extent required by applicable laws, they are equal opportunity employers and shall comply with all applicable laws and regulations in any employment decisions. 28. AUDIT 28.1 FWISD agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of FWISD involving transactions relating to this Agreement. FWISD agrees that the City shall have access during normal working hours to all necessary FWISD facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section City shall give FWISD reasonable advance notice of intended audits. 28.2 FWISD further agrees to include in any contractor and subcontractor agreements hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until the expiration of three (3) years after the expiration or termination of the contract or subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such contractor or subcontractor involving transactions of the contract or subcontract, and further that City shall have access during normal working hours to all contractor and subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give the contractor and subcontractor reasonable advance notice of intended audits. 29. SEVERABILITY 29.1 The provisions of this Agreement are severable, and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions that can be given effect without the invalid provision. 30. NO CONVEYANCE 30.1 Nothing in this Agreement conveys, or shall be construed as conveying, any estate or interest in the Licensed Premises from City to FWISD, nor does this Agreement surrender absolute control over and possession of the Licensed Premises to FWISD. City, by this Agreement, conveys, and FWISD, by this Agreement, receive only such authority as is set forth in this Agreement, and that may be necessary and appropriate to use the Licensed Premises in manner that is consistent with the uses specified herein. Intertocal Agreement with Fort Worth Independent School District 13 of 29 3L ENTIRETY OF AGREEMENT. 31.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and FWISD as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. EXECUTED as of the Iast date indicated below: THE CITY OF FORT WORTH San Alan's Assistant City Manager Date: I a'' 4)-3 ot ATTEST: ary Kays City Secret o off.. ©moo O APPROVED AS TO FORM AND LEGALITY: Tyler F. Assista M&C: Date: ch ty Attorney 1 lnterlocal Agreement with Fort Worth independent School District BOARD OF TRUSTEES OF THE FORT WORTH INDEPENDENT SCHOOL DISTRICT By: cinto Ramos Board President Date: ATTEST 77f T-•�:` ac son Secretary, Board of Education • Jyfor Fort Worth Cndependent School District OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX i 140129 Exhibit A Park Interim( Agreement with Fort Worth Independent School Distract I5of299 Exhibit B Deed DEED WITHOUT W,HRANTY The UNITED STATES uF AMERICA, acting by and through (04/4/ the becrutory of the Interior, acting by and through the /,�j Director, Bureau of Outdoor Recreation, under and pursuant �riperdit tc, the power and authority contained in the provisions of the CG Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485, 91=t Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for and in consideration of the perpetual use of the hereinafter d escribed premises as and for public park and public recreation area purposes, by the City of Fort Worth, Texas (hereinafter d esignated "Grantee") does by these presents, bargain, sell, g rant and convey without warranty, express or implied, to Grantee, and to its successors and assigns, :subject to tho reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and sot forth, all Grantor's right, title and interest in and to the following described property, consisting of approximately 207.29 acres, located in Tarrant County, Texas, together with the appurtenances, the bu.idi.Ligs and improvements thereon, and more particularly described as follows: n tract of land out of the U. b. Public Health Service Hospital property, consisting o f 207.29 acres of land, more or less, situated in the southeast portion of the City of Fort Worth, Tarrant County, Texas, :.aid tract of Land being in the most northerly northeast portion of the U. b. Public Health bervico Hospital property, lying north or Tappan Road, west of Wichita Street, east of Campus Drive and southwesterly o f Old Mansfield Road, said tract being a t:ortion of the land conveyed to the United States o f America by the Fart Worth Chamber of Commerce by Deed dated March 16, 1933, and ✓ ecorded in Volume 1181, Page 445, Deed Records of Tarrant County, Texas. Said tract being u portion of the H. Rogers, J. Collett and Nuthan Atterborry Surveys in Tarrant County, Texas, and commencing at a point, said point being an interior corner marked by a six inch (6") by six Inch (6") by three foot (3') concrete monument which has I (nterlocat Agreement with Fon Warth Independent School District 16 of 29 Lcurings of cast and U.0°12'W. , raid Feint being nest a distance of /59.4Ir foot frum the northeast corner of tho E. :iogers Survey, within tho U. S. Public HuaLth Service Hospital property! Thenco: H.0°12'W, a dlstnnce of 1750.0 Lut to a cix inch (6") by six inch (6") by three foot (3') concrete monument for a corner. Thence: 3.89°44'E. a distance of 110.0 foot to a six inch (6") by six inch (6") by area toot (3') concrete monument for a corner. 1't:ences tt.0°12'W. a distance of 320.0 foot to a six inch (6") by six inch (6") Ly three foot (3') cuncrotc monument In the north property line of said truct for a cornor, .'Lento: t1.89°44'.. along the said north pruperty line n distance of 916.23 foot 'o a one and one quarter inch (L-s") iron pin for a corner said iron pin being the !rust northerly northwe::t corner of the tract surrounding the U. 5. Public Health Servien hospital. Thence: 5.29°32'W. a distance of 323.42 foot to a three quarter inch (3/4") iron pin for a corner. Thence: 5.11.50'W. a distance of 463.04 foot to a three quarter inch (3/4") Iron pin for a corner. Thence: S.43°491E, a distance of 412.55 foot to a one and one quarter inch (it") iron pin for a corner. Thence: 5.41°3L'W. o distance of 1174.55 foot to a throe quarter inch (3/4") iron pin for u cornor. Thence: 5. 32°54'W. a distance of 478.95 foot to u three quarter inch (3/4") iron pin for a corner. Thence! S.0°12'E. a distance of 12b9.72 foot to a three quarter inch (3/4") iron pin for u corner. lhanco: N.89°39'E. n distance of 620.65 foot to a three quarter inch (3/4") iron pin for o cornor. nonce: H.37°13'E. a distance of 1197.50 foot to n ono and one quarter inch (it") iron pin for a corner. Thence:S.84°09'E. a distance of 920.50 foot to a threw quarter inch (3/4") iron pin for a corner. 2 Intertocal Agreement with Fon Worth Independent School Distract 17 of 29 Thence: 6.'0°19'1E. a distance of 839.57 rout to u tht'cc quarter inch (3/4°) iron pin for a corner. Thence; N.38°26'E. n distance of 1642.63 foot to a thteo quarter inch (3/4") iron pin in the northeast property line of the U. S. Public lli.nith Survlcc tract, rrild iron pin bcing the most northerly northeast corner or the tract :surrounding the U. S. Public H'aith Service Hospital and in the zouthweat right-of-way line of the Tema Electric Service Company's right-of-way. +hence: 6.0°13'E. along the east property Line of sold tract and vest right-of-uay line o f the Toxwu Electric cervlce Company's ✓ ight-of-way at 785.49 font passing a 4">:40x31 conciute marker, proceeding S .0°13'E. at 200.0 foot pa:stng a 4"240x3' concrete marker, proceeding b.0°13"a. a d istance of 1394.0 foot to a one and one quarter inch (10) iron pin for a corner, a total distance of 2379.49 foot, said Iron pin being the nouthca-t corner of said tract h erein being dencrlbcd. ,hence: 11.87°42'11, along the south property line of said tract, norti right-of-way line f Tappan Road a distance of 4487.0 foot to a nd one quarter Inch (1k') iron pin for a c ner, :old Iron pin boing are the Intersection of lie n orth right-of-way line of 'Tappan Road and the northeast right-of-way line of Campus- Drive. Thence: N.31°02'W. along the southwest prop rty line of :wed tract. northeast right-of-way lint_ o f Campus Drive a distance of 1112./4 foot tc the P.C. of a curve to the right in a northerly d irection (Delta Angle 57°27111t. Radiur 11h0.0 f oot., Tangrnts 624.78 foot, length L143.07 font), aid P.C. being marked by a throe quarter inch (3/4") iron pin. Thence: Along said curve to the right In a n ortherly direction a dl_tanco of 1143.07 foot • the P.T. of said curve, and a three quarter inch (3/4") iron pin for a marker of the P.T. Thence: N.26'25'E. a distance of 53.04 foot to a three quarter inch (3/4") iron pin for a corn°r, said iron pin being in the east right-of-way Jtne o f Copus Drive and being the most westerly northwest corner. Thence: East a distance of 1249.03 foot to a :.ix Inch (6") by six inch (6") by throe foot (3') concrete monument an4 Bald concrete monument being the piece of beginning, all as shown on plat attached hereto, marked Exhibit A. br1P 'ilAT. EAsnIwlP FOR Tt1CR6'Sis AHD EGRESS iA tract of land situated in thu southeast portion o f the City of Fort Worth, Tarrant County, Texas, and being a portion of a right -al' -way ostncd by the Texas Electric Service Company, located betveJf tho east boundary lino of the U. 6. Public health Sorvice Hospital property and the west right-uf-way 3 interlace! Agreement with Fort Worth independent School District 18 of 29 line of WIrllte Street, said tract bring a put t l n of the 1u:rl over which p :rpr Lu.c L e l n^nts ul in,;re:.s trod egre: a were convey/0 by Clyle A. Ustklns to Lhu United state. =C w ee! -a by inscruwcnt dated June b, 19j3, _aid tract being more particularly described as tuliows: Fron three quarter inch (3/4") iron pin an the uost cistern norlhe' t. corner of the U. 5. Public Health :iervlce liu:'pltal lroperty, sold corner alto being a re-entrant corner of the Texas Electric service Company property. hence: bouth 00°13' en-t, alone the common line between the U. S. lubiic health Service Irorerty and the Texas Electric aervice Company right-of-wny, 7185.49 feet to 1 4"x411x3' concrete marker. 1'honce: North 89°47' east, 50 feet o f bet:inning. Thence: North 69°4/' nnst, 100 feet to a 'r"x4"x3 concret:- marker . ;l tunted in the teat ✓ ight-of-way line of irichitn Street. Th'ncn: along the wet rlpht-of-nay lino' of Wichlti SLre^.L, couth 00013' east, 200 feet to a 4"x4"x3' concrete monument, the point Thence: South 89°47' west, 100 feet to n paint. Thonco: t.orth 00°13' west, 200 feet to the point o f beginning, containing .459 acre, more or less. I1TGiti uF TIIGIIn..,. AN') ECHI'." \ tract of land lying ad,Iacert co the earl buunqiry linl of the U. J. Cublic Health :.erviae Ho,.pitn1 properly situated in the soulhet t portion of the City of Fort Worth, Tarrant County, Texas, saiu tract being a portion of a rl;ht-of-way owned by the "'cxaz Electric Scrvice Coup:ina over which the curt Worth Chamber of Commerce conveyed to the United Stales of America the richt or ingress and egress by Deed dated Hurch lu, 1933, said -tract being more particularly described as follows: !. strip of lancl 50 feet In width, the wnutor•ly limits of which begin: at a three quarter inch (214°) iron pin in the eisternmort northeast corner of the U. J, Public health Service Hospital property, said corner also being n re- ntrant corner al' the Texas :.lectric .service Company property and running south 00°13' cast, 2379.49 feat along the comuon line between the 11. ,S. public Health Service lio..pltal property and Lhe Texas Electric Service Company rigl't-af- w:cy to a one and one quorter inch (1;") irr:1 pin for the soulhenst co•ncr of the U. S. !nblle Health Service Hospital property, for the end of the westerly limitr of the herein describud strip of lend being fifty feet in width, containing 2.73 acres, more or less. 4 Interlocal Agreement with End Worth Independent School District 19 of 39 fl'90.11.1FliNTS tiailding No, 6 l'''crintlon incinerator - ma:onry and steel. 18 ConcroLn, masonry .. stela, built-up roof. 19 21 22 24 49 50 51 Greenhouse - concrete fvu.ndallon, metal a glue . Concrete foundation a floor, frame structure. Same as Building 20. Same sr Buildings 20 a a. Frame Creenhou:e with polyethylene covering on Lop and part o1' side.. Constructed by station itlor. Frame building conr,truri.fc for use an f trrowinr I. q. r in farm operations - no Interior : he thine - dirt fluor. shelter house - concrete floor, concrete block a screen .ire w alls. Prefabricated refrigerator. ' uLnaret but - WUUU U. metal. 57 sumo as Building 56. Same as Buildings 56 and 57. 59 Concrete floor, masonry walls, metal roof. 62 Same as Building 49. 63 same as Buildings 49 a L. Transformer station - concrete hlovka; no trunsformerr included. dire mesh fence, approximately 5' high with mesh rnnC I n • 1 r6m 6" x 3" at the bottom to (" r 9" at the top; vlth 4 to strands of brrbed wire at the Lop; ttnel posts approximately 10' apart (6,724.75')• INME 5 Intcrlocal Agreement with Fort Worth Independent School District 20 of29 Subject to: 4. The covenants and restrictions which run with the lend, that the land shall nut at any future time be u sed for a commercial or industrial development which, as dettrmined by the Regional ,Administrator, General .,ervlces udmin L trltion, Forth Borth, Texa., ar hl' successor in fuction, in the normal course of its operation, produces air pollution, contaminating mutcrlalc, fumes, o dors, or ground waste resulting in an unhealthy or unpleasant e nvironment within the boundnrier of the NIMH Clinical icesearch Center grounds, Forth Worth, Taxis. D. Reserving to the Grantor and its esaign:; for the period of six months from the dile of this deed Chi! right to t utor theabove-described property and remove therefrom the two parallel chain line: fences and appurten2nces lying 150 feet „part and running along the rights -of -way of Tappan coulevaru and Carapu Drive. Until the removal it complet'd, the United Stater of -America or its assigns shall have the right ,.r in n.a to n n.a from the ti,.aMsra C - the ,.rnn.:a o f removing such property. C. All existing easements for public roads, channels, hichuoys, public utilltio_, reiiraads, pipelines and e lectrical truncmission line:. Pur:-want to authority contained in the Federil croperty taxi naminl ,trative .aervict a net of 1949, n: amendA, and appIic':ble rulest rezulationz and orders promulg tea thereunder, lht Gencr:1 cervices Adninl'tration determin-id the property to br surpluL to the need- of the United atates of to gri d .od ersinncd thn property to the Department cf thn Interior for :uz'ther conveyance to the City of Forth Worth, It is ,Agreed and Understood by and between the Grantor Ind Grantee, end the Grantee by its acceptance of this deed, 6 Interlocnl Agreement with Fart Worth Independent School District 21 of 29 d on: acknowledge its understanding of the agreement, and o ut:: covenant anu agree for itself, and its successors and acsLGii7, forever, as follows; 1. this property shall be urnd and maintained for tho public purpo;ec for which It was conveyed In perpetuity a:. set lnrrli in the program of utilization and p1-in contained in the application, submitted by the Grantee on December lb, 19/0, which program and plan may be amended from time to time It the request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 1. fie Grantee shall, within 6 months of the d.te of the dccd of conveyance, erect and maintain a permanent =1,;n or marenr the point of principal access to the conveyed area indicating that the property is a park or recreation area and ha.; been acquired from the Federal Government for uue by the ranarni ntthlir_ 3. The property shall not be sold, leased, assigned, or o ttlerwise disposed of except to another eligible governmental agency that the secretary of the Interior agrees in writln' c::n assure the continued u:e and maintenance of the property r public park or public recreational purpose:. .::abject to the same term; -tnd conditions in the original In;truni nt of conveyance. liowdver, nothing in thif- provl:ion :hill preclude t t; Grantee from providing related recreational facilities .,•:d service- compatible with the approved application, ternu;;h conce7:i0n agreements entered into with third parties, provided prior concurrence to such agreements is obtained in w riting from the Secretary of the Interior. From the date of this conveyance, the Grantee, its succua-ors and assigns, shall submit biennial reports to the 7 lnterlocal Agreement with Fon Worth Independent School District 11 of 9 eretary of the Interior, t'etLing forth the u.a ride or tn- €irolerty durirL thp nrnrtdlnu two-yr;,r prrl Jd9 fad other pertinent data est•tbli:hing its r.nntinuoUr uue for the purposes, set forth above, for ten consecutive r_port_ and us further determined by the Secretary of Luc Interior. 5. Lhc Grantor sh1L1 have the right during the fence of any national emergency declared by th- ere^ident of th.: United States of nmerica, or the Contras thereof, to the full unrnstrietou posses'lon, contr,l and u e of th. premises, or any pert thereof without charge; provided the Grent2r ::hall bear the entire cost of maintenance of all pr:perty so used. 6. ,te pert of the coni.lderati^n for this uerd, the Grantee convenants and agrees for 1tcelf; its sucen<•sorc • pro assiL'n:, that (1) the program fcr or in connectlo;: t..th which thl> Leed is tide will be conducted in cn-nj lance 'sith, and tnc Grantee, it3 uueeessor°s and assigns, will comply u itil all requirements ini Vaed OY or pursuant to tht rt. ULa4lons f the Department of the Interior as in effect on the date of Chi- [scud (4; C.F.R. Part 12) i sued under the provisions o f little VI of the Civil Bights *Act of 1964; (2) thi. coventnt shall be subject in all respects to the provisions o f :,aid regulations; (3) the Grantee, its successors and a_.igna, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United .;totes shall have the right to seek Judicial enforcement of this covenant, and (5) the Grantee, its succcrsors and assigns, will (a) obtain from each other per Jit (any legal entity) who, through contractual or ati:=.r arrangements with the Grantee, its succen urs or raseLgn.:, is authorized to provide services or benefits umlua said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake 1'or Interlocal Agreement with Port Worth Independent School District 23 of 29 if the .;unc ob11g4tionu as Loose 1mpo�cd upon 'A GIsflLue, it: ducce::sors and assigns*, by this covenant, .11.1 lb) furul_h a copy of such agreement to the Secretary o f the Interlt•r, or hl rucc',-:aor; and that this coven u*L hall ran 'alth the land hereby conveyed, and shall in any e vtInL, without regard to technical clus_1fLeaLlon or de: lt:naLion, legal or oth'urw1: e, be binding to the futi.•.:t extent permitted by law and equity for the benefit of, and in favor of the Grantor and enforceable by the Granter against t he Grantee, its succeurs and assigns. 1. in the event there lc a brci.ch of any of th condition. end covenant., herein contelned by the Gr.utec, its suceccsor. and assigns, whether caused by the lc) al or o ther inability of the Grunt•: , its successors aha a» :gn_, to perform said conoitlons and covenants, or otherwise, all ✓ i.zht, title ann interest in and to the said premise: Jl:all is revert to and become the property of the Grantor at its o ption, which in addition to all other remedies for such br-ach shall hive the right of entry upon said premiss, and t he Grantee, its succeesor:, and assign, shall forfeit all ✓ ight, title and interest in said premises and in any and all of the tenement:;, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary o f the Department of the Interior to require in any one ar more instances complete performance of any of the conditions o r covenants shall not be construed as a waiver or ✓ elinquishment of such future performance, but the obligation of the Grantee, It; :successors and assigns, with respect to such future performance shall continue in full force and e ffect. d. The Grantor reserves all oil, gas and mineral rights in the above-dencrlbed property. 9 tnterlocal Agreement with Fort Worth independent School District 24 of 29 IU W11i,i...J0 ellutbOF, the Grantor has caused tttc. e pr..:;ents to by. executed in it: name and on its behalf tnls the i g. day of Mrt rr Us 19 -/ UN li Aires 07 al'. AL,, n :t�ng by and thvuu.-r ti e the Interior ,, \M ��V bureau of Uutdoor hec cation aCr:NU4LEDGME$T sr LOUh'I Y OF \ On cilia 1f)1 day of - {i,.utii _ , 19 7/ tr core .ae, the subscriber, personally appeared t“ mo known anu known to me Co be the Director, Lureau of outdoor Recreation, of the United State:: Deportment of the Interior_ n vnvernmontnl n..anry nr the united .ratet' emerica, and known to me to be the same person detcribcd in an) who execut d the foregoing instrument as sucn Director aforesaid, as the act and deed of the United State: of America, for and on behalf of the Secretary of the Interior, oily designated, empowered and authorized so to do by said .,ecretc,:y, and he ucknowltdged that he executed the foregoing instrument for and on behalf of the United States of iunerict, for the purro;es and uses therein described. Notary Fublic My Commission expires: t:r Czutnl:n r,r:,a ra:. u. WI Si J The foregoing conveyance 1s hereby accepted and thu undersigned agrees, by this acceptance, to assume and 10 lnterlocal Agreement with Fort Worth Independent School District 25 of 29 be bound by all tha obligation:, conditions, covenants and agreements therein contained. Applic / TdoId Lacatkan /By 'Lime litle ACKNUVrLEDGNB1iP UP (211Zeni_2__ CuUI;aY ON-L-rtic.2US_r ) n this `'=`f way of QJacr_/C - 19 7] , bettthe.utt,lcrsigned / Ulficer, personal , to me Known and, ;tnc,;rn to rao to be the name perJon whose name is subacrihed to the forrr;ain: acceptance, wh= being by oc duly worn, did dcroac anu .ay that he la the --1 ad,. - of the (1 l: «—I / i /.t��G� 1 f t het he 15 duly designat,d, capowered and authorized by a re,oLutIon adopted by the t(�L tr.tt®_r_� on Lltetrailitilk / . /q...Zr to execute the foregoing acceptance and sign his nm;r thereto; and that he r1Ened his name thereto and acknowledges that he executed n the foregoing inr,trument for and on behalf of <<u1j theo&_l,i-I_4_Ooiz _, -• -L_ for the purpose- and uses therein described. My Cclminston expires: It 'fa Notary (Ublic 11 Interlacal Agreement with Fort Worth Independent School District 26 of?9 Exhibit C Licensed Premises Intcrlocal Agreement with Fort Worth Independent School District 27 of 29 Exhibit D Insurance FWISD shall ensure that any of its contractors will have, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of their activities on the Licensed Premises. Prior to commencing any work on the Licensed Premises, any such contractor shall deliver to City certificates documenting this coverage. City may elect to have the contractor submit its entire policy for inspection. A. Insurance coverage and limits. 1. Commercial General Liability Insurance $1,000,000 each occurrence; $2,000,000 aggregate 2. Automobile Liability Insurance (a) Coverage on vehicles involved in the work performed under this contract: $1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury each person; $1,000,000 bodily injury each accident and $250,000 property damage. (b) The named insured and employees of contractor shall be covered under this policy. The City of Fort Worth shall be named an additional insured as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the Agreement shall be included under this policy. 3. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee Miscellaneous 1. Certificates of Insurance evidencing that the contractor has obtained all required insurance shall be delivered to the City prior to contractor proceeding with the contract. Applicable policies shall be endorsed to name the City as an Additional Insured thereon, as its interests may appear. The term City shall include its employees officers, officials agents, and volunteers as respects the contracted services. 3. Certificate(s) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 4. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 5. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto contractor's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. Interlocal Agreement with Fort Worth Independent School District 28 of29 Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. Deductible limits or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion, and, in lieu of traditional insurance any alternative coverage maintained through insurance pools or risk retention groups also must be approved. Dedicated Financial resources or Letters of Credit may also be acceptable to the City. 8. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 9. City shall be entitled, upon its request and without incurring expense, to review the contractor's insurance policies including endorsements thereto and, at the City's discretion; the contractor may be required to provide proof of insurance premium payments. 10. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 11. City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of contractor's overhead All insurance required above shall be written on an occurrence basis in order to be approved by City. 13. Deductible or self -insured retention limits on any tine of coverage required herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is othenvise approved by the City. Interim' Agreement with Fran Worth Independent School District 29 of 29 M&C Review Page 1 of 2 IL COUNCIL ACTION: Approved on 9/29/2015 Official site of the City of Fort Worth, Texas FORT WORTH DATER 9/29/2015 REFERENCE **C-27492 LOG NAME 800DWYATTTENNISCOURTSIS NO.: CODE' C TYPE CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District for Tennis Facility Sharing and Renovations at Rolling Hills Park with City Participation in an Amount Up to $25,000.00 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Interlocal Agreement with the Fort Worth Independent School District for tennis facility sharing and renovations at Rolling Hills Park, with City participation in an amount up to $25,000 00. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize an Interlocal Agreement with the Fort Worth Independent School District (FWISD) for tennis facility sharing and renovations at Rolling Hills Park. The FWISD's mission is to prepare students for success in college, career, and community leadership, along with instilling such values as student achievement, leadership development, respect for diversity, equity in access, perseverance and commitment, and continuous improvement. Providing athletic and recreational opportunities to students is essential in furthering the FWISD's mission Cooperation between the City and FWISD in the joint development, maintenance, and sharing of facilities has been a matter of long-standing agreement between the parties for many decades. In 1978 the City Council recognized tennis facilities as a major need in the City of Fort Worth. In 1979, the City and FWISD entered into a joint -use Agreement governing the construction, maintenance, and use of eight tennis courts at Rolling Hills Park. After wear and tear associated with more than 30 years of combined use between the City and FWISD, the eight tennis courts are now in need of repair so that they can effectively continue to serve the athletic and recreational needs of both the FWISD students and the general public. The FWISD has approached the City and offered to contribute at least $25,000.00 toward the renovation of the tennis courts, which includes pressure washing, crack repairs, new two-tone surface materials, new striping of all lines and markings, cleaning and painting of existing net poles, and the installation of new nets with crank wenches on the existing poles. The City is proposing to contribute up to $25,000.00 to the FWISD on an agreed upon reimbursement basis The revenue identified for this project is savings from previously appropriated and completed projects identified in the PACS annual gas lease revenue plan adopted by Council After the tennis courts are renovated, the FWISD desires to use them to provide tennis and tennis related physical education, athletics, and recreational programs to its students. The FWISD will pay the City a fee of $1 00 per year, with a term to expire on September 30 2035. The FWISD will be responsible for performing or causing to be performed all activities related to the renovation project in accordance with plans to be approved by the City. After the renovations are complete, the City and FWISD will split the use and maintenance of the tennis facilities on an agreed upon schedule. Title to any improvements will vest with the City. This arrangement provides the FWISD with much needed tennis facilities to serve its physical education, athletics, and recreational programs. The City, in turn, benefits from this arrangement by providing its citizens with access to and use of recreational opportunities that would http://apps.cfwnet org/couneil_packet/mc_review.asp9ID=20797&couneildate=9/29/2015 12/24/2015 M&C Review Page 2 of 2 not otherwise exist without the cooperation of the FWISD, namely a fully renovated tennis facility. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the previous appropriation ordinance funds will be available in the current capital budget as appropriated, from the Park Gas Well Leases Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C282 541200 808490253980 $25,000.00 Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sandra Youngblood (5755) ATTACHMENTS http ://app s. cfwnet org/council_packet/mc_review.asp?ID=20797&councildate=9/29/2015 12/24/2015