HomeMy WebLinkAboutContract 42718CITY 8wWARY
CONTRACT NO• —
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ( "Agreement ") is entered into by and between the
City of Fort Worth, a home rule municipality in the State of Texas ( "Fort Worth "), and the City
of Euless, a home rule municipality in the State of Texas ( "Euless "). Fort Worth and Euless are
sometimes hereinafter referred to individually as the "Party" and collectively as the 'Parties ".
RECITALS
WHEREAS, the Interlocal Cooperation Act, Chapter 791, Government Code, authorizes
local governments to contract with one another for the performance of governmental functions
and services; and
WHEREAS, The Sanctuary at Texas Star, a proposed subdivision (the "Subdivision ") to
be developed within the boundaries of Fort Worth, needs to be serviced with a gravity flow
sanitary sewer line ( "Sewer Line "); and
WHEREAS, it is necessary for the Sewer Line to be constructed under and across a
portion of the Texas Star Golf Course ( "Golf Course "), owned by and located within the
boundaries of Euless; and
WHEREAS, Fort Worth will be entering into a Community Facilities Agreement
( "CFA ") with the developer of the Subdivision outlining the developer's construction obligations
regarding the Sewer Line; and
WHEREAS, to further facilitate developer's construction of the Sewer Line, it is
necessary for Euless to convey to Fort Worth a permanent sewer line easement and temporary
construction easement (collectively the "Easement "); and
WHEREAS, in the event developer or its assigns default or are unable to complete the
construction of the Sewer Line, Fort Worth desires to afford Euless the opportunity to complete
said construction by utilizing the financial guarantee as required by the CFA; and
WHEREAS, Euless and Fort Worth further desire to set forth maintenance obligations
within the Easement once the Sewer Line is constructed.
NOW, THEREFORE, in consideration of the mutual benefits and promises set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties do hereby agree as follows:
ARTICLE I.
SEWER LINE CONSTRUCTION AND MAINTENANCE
1.01 Easement. Euless will grant Fort Worth the Easement so that the Sewer Line may
be constructed. Fort Worth will record the executed Easement after a pre - construction meeting
concerning the Sewer line has taken place consistent with the CFA prior o - ie7i al plat
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being filed for the Subdivision. Fort Worth agrees that it will not file the Easement until the
completed Sewer Line is ready to be inspected. Fort Worth will allow Euless to utilize the
surface of the Easement for Golf Course purposes, including the construction and maintenance of
cart paths, roads and other activities typically associated with the operation of a golf course.
1.02 Sewer Line Construction. The construction of the Sewer Line will be located and
constructed according to the terms of the Easement, the CFA, and developer's Development
Agreement with Euless.
1.03 Collection of Financial Guarantee. If developer or its assigns are unable to
complete construction of the Sewer Line within the two year time period required by the CFA,
Fort Worth agrees that Euless will have the ability to finish construction of the Sewer Line by
utilizing the financial guarantee under the same terms that Fort Worth can utilize the guarantee
under the CFA. Fort Worth further agrees that it will not accept the guarantee unless Euless is
included as a named beneficiary. In the event Euless assumes construction under this section, it
will complete construction of the Sewer Line within the Easement according to the same
specifications and plan requirements as contemplated by the CFA, and Fort Worth will provide
final construction inspection to ensure that those requirements have been met.
1.04 Sewer Line Maintenance. Upon acceptance of the Sewer Line by Fort Worth,
Fort Worth agrees to perpetually operate and maintain, at its sole cost and expense, the improved
Sewer Line and Easement.
1.04(a) Entry. In emergency situations which require immediate action because
of imminent threat to human life or property, Fort Worth will verbally notify Scott Boven,
Golf Course Superintendent, or Glenda Hartsell- Shelton, General Manager, (1400 Texas Star
Parkway, Euless, Texas 76040, phone 817 -685 -1658 or 817- 685 -1859) of Euless as soon as
possible before it enters the Easement. In all other circumstances, Fort Worth must
always request and receive the written (with email being sufficient) permission of Euless
a minimum of twenty -four (24) hours prior to entry, and Euless agrees to not
unreasonably withhold its consent.
1.04(b) Method of Maintenance. Except in emergency situations as described
above, Fort Worth shall seek the prior written consent of Euless regarding the scope and
manner of any repair or maintenance work to be done within the Easement.
1.04(c) Damage and Repair. Fort Worth agrees that it will be liable for any
damage, above or underground, to the Easement or the Golf Course as a result of its
work, and will utilize its best efforts to minimize disruption of Golf Course operations or
damage to the Golf Course property. Fort Worth further agrees that after any work it will
restore the Easement and any affected portion of the Golf Course to an equal or better
condition than that existing immediately prior to the work being done by Fort Worth.
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ARTICLE H.
GENERAL PROVISIONS
2.01 Approvals Required. This Agreement is subject to approval by the Euless City
Council and the Fort Worth City Council, and when executed by the appropriate officials of both
Euless and Fort Worth, shall bind the Parties hereto.
2.02 Entire Agreement. This written Agreement constitutes the entire Agreement
between the Parties, and any prior oral agreement which purports to vary from the terms hereof
shall be void.
2.03 Amendment. This Agreement shall not be amended or modified other than in a
written agreement signed by both Parties. Any amendment, modification, addition or change to
this Agreement shall be in writing and shall be approved and executed in the same manner as this
Agreement.
2.04 Successors and Assigns. Neither Party may assign or transfer this Agreement or
any interest in this Agreement without prior written consent of the other Party.
2.05 Interpretation. Regardless of the actual drafter of this Agreement, this Agreement
shall, in the event of any dispute over its meaning or application, be interpreted fairly and
reasonably and neither more strongly for or against either Party.
2.06 Applicable Law. This Agreement is made and shall be construed in accordance
with the laws of the State of Texas and venue for any dispute arising out of this Agreement shall
lie in Tarrant County, Texas.
2.07 Notice. Unless otherwise noted, all notices and communications under this
Agreement shall be sent via the United States Postal Service with proper postage by certified
mail, postage prepaid or by hand delivery to the following addresses:
City of Euless
Attention: City Manager
201 N. Ector Dr.
Euless, Texas 76039
City of Fort Worth
Attention: City Manager
1000 Throckmorton
Fort Worth, Texas 76102
2.08 Severability. In the event any portion or provision of this Agreement is illegal,
invalid, or unenforceable under present or future law, then and in that event, it is the intention of
the Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is
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also the intention of the Parties that in lieu of each clause or provision that is found to be illegal,
invalid or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
2.09 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original, but all of which shall constitute one instrument.
2.10 Independent Contractor. Each Party shall operate under this Agreement as an
independent contractor, and not as an agent, representative, servant or employee of the other.
Subject to the terms of this Agreement, each Party shall have the right to control the details of its
performance hereunder.
2.11 Authority to Execute. The individuals executing this Agreement on behalf of the
respective Parties below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement to do so for
and on behalf of the Party for which his or her signature appears, that there are no other Parties
or entities required to execute this Agreement in order for the same to be an authorized and
binding agreement on the Party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
2.12 Binding Effect. This Agreement shall be binding upon and inures to the benefit
of the Parties hereto and their respective heirs, executors, administrators, legal representatives,
successors and assigns, as allowed herein; however, this Agreement confers no rights or benefits
on any third Parties.
2.13 Attorney's Fees. This Agreement shall be considered to be a contract providing
for goods or services under Section 271.151, Texas Local Government Code. In any legal
proceeding brought to enforce the terms of this Agreement, the prevailing Party may recover its
reasonable and necessary attorney's fees from the non - prevailing Party.
IN WITNESS WHEREOF, the Parties, acting under authority of their respective
governing bodies, have caused this Agreement to be duly executed in several counterparts, each
of which shall constitute an original.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS
ON THIS 22 DAY OF November , 2011.
CITY OF EULESS, TEXAS
By: .�
Mary b Saleh, Mayor
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ATTEST:
i�
'J
i Sutter, lity Secretary
Internet
Cove Interlocal Agreement.docx
PASSEn AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH ON THIS
-r-' DAY OF be (.pm t j e-1/ , 2011.
CITY OF FORT WORTH:
lc� 4�
Fernando Costa
Assistant City Manager
Recommended by:
Water Department
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Wendy Chi )3abulal, EMBA, P.E.
Water Development Engineering Manager
Approved as t Form & Legality:
Douglas -W"-B-
. Black
Assistant City Attorney
ATTEST:
Ronald P. Gonzales
Assistant City Secretary
Authorization:
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Date:
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V064 �V4
Frank Crumb, P.E.
Water Department Director
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OFFICIAL RECORD
CITY SECRETARY
j FT. WORTH, TX
M &C R.eview
CITY COUNCIL AGENDA
Page 1 of 1
Official site of the City of Fort Worth, Texas
FOR O -
COUNCIL ACTION: Approved on 12/6/2011
DATE: 12/6/2011 REFERENCE NO.: **C-25328 LOG NAME: 60TEXSTAR COVE
ADDITION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Interlocal Agreement with the City of Euless for a Permanent
Sanitary Sewer Line Easement and a Temporary Construction Easement to Serve the
TexStar Cove Addition Development Located in Fort Worth (COUNCIL DISTRICT 5).
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Interlocal Agreement with the City
of Euless for a permanent sanitary sewer line easement and a temporary construction easement to
serve the TexStar Cove Addition, a development located in Fort Worth.
DISCUSSION:
The TexStar Cove Addition, a proposed subdivision to be developed within the boundaries of Fort
Worth, needs to be served with a gravity flow sanitary sewer line. It is necessary for the sewer line to
be constructed under and across a portion of the Texas Star Golf Course, owned by and located
within the City of Euless, to tie into the closest available sewer main. Fort Worth has entered into a
Community Facilities Agreement with Texas Cove, L.P., a developer of the TexStar Cove Addition,
outlining the developer's construction obligations regarding sewer line.
It is necessary for Euless to convey to Fort Worth a permanent sewer line easement and temporary
construction easement in order for the developer to complete his obligations under the CFA. In the
event of developer default, Fort Worth may offer Euless the opportunity to complete the construction
under the terms of this Interlocal Agreement. This Interlocal Agreement sets forth the parties'
maintenance obligations within the easement once the sewer line is constructed.
At its November 22, 2011 Council meeting, the City of Euless agreed to this Interlocal Agreement
granting the easements.
This development is located in COUNCIL DISTRICT 5
FISCAL INFORMATION /CERTIFICATION:
The Finance Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund /Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
60TexStar Cove Addition.pdf
FROM Fund /Account/Centers
Fernando Costa (6122)
S. Frank Crumb (8207)
Soon Wong (8369)
http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID =16139 &councildate = 12/6/2011 12/21/2011