HomeMy WebLinkAboutContract 26922 License Agreement between the City of Fort Worth and The USA GSA
CITY SECRETARY
LICENSE AGREEMENT CONTRACT NO. Ci .
BETWEEN CITY of FORT WORTH AND THE UNITED STATES of AMERICA BY
AND THROUGH THE GENERAL SERVICES ADMINISTRATION.
FOR: PARK, RECREATION, AND PUBLIC SQUARE USE ON PROPERTY KNOWN AS
FEDERAL. PLAZA
This license agreement (this "Agreement") is made and entered into on the
day of /by and between the City of Fort Worth, a home rule municipal
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corpora ion of the State of Texas, located in Tarrant County, Texas ("CITY") and the United
States of America by and through General Services Administration ("GSA").
Recitals
l. The Parks and Community Services Department of the CITY and the GSA have planned
to develop a portion Hyde Park Downtown Public Square, being approximately a 0.6 acre
tract described below ("Premises"). The Premises are to be used for public square, park
and general recreation purposes. It is the intention of GSA to develop the Premises in
conjunction with overall development plans for the Hyde Park Downtown Public Square
through utilization of Federal funds.
2. The Premises are adjacent to the Fritz J. Lanham Federal Building. Through the
Agency's established Good Neighbor Program and the "First Impressions" program,
GSA is improving the quality of open spaces adjacent to Federal Buildings. This
Agreement mutually benefits the CITY and GSA because GSA will be providing needed
capital improvements on the Premises which will become property of the CITY upon
termination of this Agreement and because it allows GSA to expand the available
opportunities for recreation and public square use without having to acquire additional
lands. Further, the design and construction of urban design amenities by GSA will
License Agreement between the City of Fort Worth n�3 ~�A
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License Agreement between the City of Fort Worth and The USA GSA
facilitate connection and integration with the Hyde Park Downtown Public Square. This
Agreement allows the CITY to enhance recreation and public open space opportunities
for more citizens and provides GSA with the right to reserve and schedule events and use
the Premises in a way that meets the specific recreation and urban open space needs of
the patrons and employees of the Fritz G. Lanham Federal Building. In addition, when
the facilities on the Premises are not in use for specific GSA special events the Federal
Plaza shall continue to be free and open to all park users.
NOW THEREFORE, in consideration of the mutual benefits herein expressed, the parties agree
the following terms and conditions:
1} Description. The Premises shall consist of approximately 0.6 acres of land out of the
original land dedication of Hyde Park, as shown on Exhibit A, said exhibit being attached
hereto and incorporated herein for all purposes incident to this Agreement.
2) Term of Agreement. The term of this agreement shall be for a period of Twenty (20)
years, beginning with the date of execution hereof, subject to further extension at the
expiration thereof by mutual consent.
3) License is Nontransferable. The rights granted by the CITY to GSA by this Agreement
are nontransferable.
4) Fee. The fee for use is the sure of one dollar ($1.00) per year, payable in full at the time
of execution of this Agreement. The parties agree that all consideration detailed in this
Agreement fairly compensates the CITY for the license granted by the CITY and the
CITY acknowledges receipt and acceptance of this consideration.
5} Use of Premises. The Premises shall be used for public square, park and recreation
purposes and are subject to the following conditions of use:
License Agreement between the City of Fort Worth and The USA GSA Page 12
License Agreement between the City of Fort Worth and The USA GSA
Said Premises must remain open and accessible to the public during the operating
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hours of Hyde Park Downtown Public Square except as stated in Paragraph 6;
(ii) GSA shall not discriminate against any person or persons because of race, religion,
color, sexual orientation, national origin or any other basis found in Federal, City,
State or Local law in the conduct of its operations.
(iii) Public right of passage through the Premises shall not be denied at anytime to any
citizen during the hours of operation of Hyde Park Downtown Public Square;
(iv) All facilities constructed on the Premises shall comply with the Americans with
Disabilities Act or equivalent Federal Standards in order to provide reasonable
accommodations for all potential park users.
(v) GSA shall have the authority under this agreement to permit or to prohibit the
consumption, sale and distribution of alcoholic beverages on the Premises.
(vi) GSA has the authority under this agreement to contract with such vendors as it
deems necessary to provide food, beverages, goods and services on the Premises to
meet the needs of patrons of Federal Plaza or that support the overall mission of
Hyde Park Downtown Public Square. All vendors shall comply with applicable
municipal ordinances of the CITY.
(vii) The CITY and GSA agree to establish and participate in a permanent standing
committee composed of representatives of each party for the purpose of identifying
and resolving questions and issues which might arise during the term of this
license and to deal with any issues surrounding development of improvements.
(viii) The parties to this license agree that this license may be replaced by a lease or
permanent easement should such an instrument be mutually agreed to in the future.
License Agreement between the City of Fort Worth and The USA GSA Page 13
License Agreement between the City of Fort`north and The USA GSA
5} Preparation of Premises. As further consideration herein, GSA or its contractor shall, at
its expense,perform all work and furnish all materials necessa ry complete,lete,the Premises
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for the proposed use in accordance with designs and specifications to be jointly agreed to
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by the CITY and GSA. GSA may construct upon said land picnic tables, P icnic shelters
signs, and landscaping or any other urban design amenity or recreation facility consistent
with the general purposes of this license. The CITY specifically recognizes and agrees
that the erection of temporary construction fencing or similar barriers will be necessary
during development of improvements for the safety of citizens around the site. GSA
agrees that any such barriers are temporary in nature and will not be in place any longer
than necessary, and GSA agrees it fully intends to comply with requirements for public
access to the Hyde Park area after construction is completed.
7) Development of Improvements.
(a) GSA shall, within the limit of available funds as determined by the GSA and at its
sole discretion, proceed with the development of the Premises for park and
recreational purposes. The CITY specifically acknowledges the right of the GSA
to place bollards or equivalent security barrier devices anywhere within the
Premises according to its sole discretion and judgment. GSA shall implement its
program to completion in an orderly manner and at a rate consistent with the
mutual needs of the GSA and the CITY. GSA shall provide the CITY with a long
range Implementation Plan that details the specific type, location, scheduling,
estimated cost and proposed funding sources of all proposed improvements to the
Premises throughout the term of this Agreement. The Implementation Plan shall
become an attachment to this Agreement upon the mutual agreement of the
License Agreement between the City of Fort worth and The USA GSA Page 14
License Agreement between the City of Fort Worth and The USA GSA
parties. The GSA may amend the Implementation Plan at any time durin g the
term of 'the agreement with the written approval of the CITY, and the amended
implementation plan shall be made an attachment to this Agreement. The
Implementation Plan shall include:
1. A Premise Master Plan that indicates the proposed locations, sizes and
character of each proposed improvement.
2. A brief report that outlines specific type, implementation schedule,
estimated cost and proposed funding sources of all proposed
improvements to the Premise throughout the term of this Agreement.
(b) GSA may choose to be responsible for operation, maintenance and security
services for the Premises. If so, the GSA also shall provide the CITY Parks and
Community Services Department with an Annual Management Plan including:
1. Construction Documents, plans, details and schedules for capital
improvements to be completed in that year and proposed phasing of
facilities to occur in future years by GSA.
2. Plans for annual maintenance and management of the Premises by GSA.
3. A Statement of Self Insurance as described in paragraph 15, Section B.
4. GSA will provide As-Built drawings of improvements to the City.
5. The Annual Management Plan is due on the first day of December, in the
year prior to the effective calendar year of the plan.
As an alternative, GSA may elect to provide funds annually as a contribution toward the
management and operation of Federal Plaza by the City or a suitable third party.
License Agreement between the City of Fort Worth and The USA GSA Page 15
License Agreement between the City of Fort Worth and The USA GSA
(c) The CITY, within the limit of available funds, will pp rovide appropriate riate
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to review the Annual Management Plan and the Implementation Plan. The CITY
also agrees to pursue the full development of the Hyde Park Downtown Public
Square proposal within the limits of available CITY funding and with the
approval and consent of the City of Fort Worth City Council.
8) Improvements. Title to improvements placed on the Premises by the GSA will remain
with GSA during the teen of this Agreement. Ownership of improvements upon
termination of this Agreement shall be as provided in paragraphs 13 and 14 herein.
9) Admission Charges and Reservation Fees. No charges may be imposed for general
admission or use of the Premises or facilities constructed thereon. GSA may charge
participants a reasonable fee for special events or programs offered on the Premises.
GSA may charge the public a reservation or user fee for use of constructed facilities on
the .Premises to the extent permitted by Federal law, but said fee must not exceed fees for
similar or like facilities operated by the City Parks and Community Services Department.
lo) Rules Regulations and Operations. GSA, in exercise of the privileges hearby granted,
shall generally conform to the rules, regulations and ordinances of the City of Fort Worth
and all government agencies with jurisdiction over the Premises. GSA may administer
and maintain the Premises for the purposes of this license in general accordance with the
adopted Master Plan for Hyde Park Downtown Public Square. If so, GSA shall protect
the Premises from fire, vandalism, and soil erosion, and GSA may mare and enforce such
rules and regulations as are necessary and within its legal authority in exercising the
privileges granted in this license provided that such rules and regulations are consistent
with Federal, State and Municipal laws and CITY Policies. Further, the CITY and GSA
License Agreement between the City of Fort Worth and The USA GSA Page 16
License Agreement between the City of Fort North and The USA GSA
hereby agree through execution of this License to explore entering into and executing a
separate Memorandum of Understanding ("MOU") covering all aspects of securit y and
law enforcement actions for the Premises and Hyde Park Public Square.
11) CITY Entr U on Premises. The right is hereby expressly reserved to the City of Fort
Worth, its officers, agents, employees and contractors, to enter the Premises at any time
and for any purpose necessary or convenient in connection with the operation of the
CITY. The licensee shall have no claim for damages of any character on account thereof
against the City of Fort worth or any officer, agent or assignee thereof.
12) Propefty Property Damage Repair. Any CITY property damaged or destroyed by GSA incident to
the exercise of privileges herein granted should be promptly repaired or replaced by GSA
to the reasonable satisfaction of the CITY Parks and Community Services Department
Director or Director's Assignee.
13) GSA Request for termination. GSA may terminate this license by giving the CITY,
through the Director of Parks and Community Services, at least ninety (90) days notice in
writing. Should this Agreement be terminated pursuant to GSA's written request while
GSA is in compliance with the terms of this Agreement, GSA shall have a period of
ninety (90) days after the termination of this Agreement to remove, if GSA so elects, all
improvements, equipment, and facilities except permanent improvements. The permanent
improvements shall become property of the CITY in the event of GSA termination of the
Agreement at no cost to the CITY.
14) GSA's Default. If GSA fails, for any reason, to perform any provision of this Agreement
the CITY may terminate it. The termination will occur if the default condition continues:
License Agreement between the City of Fort worth and The USA GSA Page 07
License Agreement between the City of Fort Worth and The USA GSA
(i) for a period of Sixty (60) days after the CITY notifies GSA in writing f
g the
default condition and its intention to declare this Agreement terminated. Should
this Agreement be terminated pursuant to GSA's default, GSA shall have a p eriod
of ninety(90) days after this Agreement is terminated to remove, if GSA so elects,
all improvements, equipment, and facilities except permanent improvements. Title
to all equipment and facilities remaining after the removal period of ninety (90)
days shall vest to the CITY, at no cost to the CITY. Upon termination, title to
permanent improvements shall vest to the CITY, at no cost to the CITY.
"Permanent Improvements" are those that cannot be removed without substantial
damage to the licensed Premises; or
(ii) if correcting the condition requires more than sixty (60) days, action is not
commenced within said sixty (60) day period and pursued diligently thereafter.
15) Indemni y.
A) GSA agrees to save, protect, defend, indemnify and hold harmless the CITY, its
officers, employees, agents or servants acting in the course and scope of their
employment, from any and all suits, claims, or causes of action which may arise
out of action which may result from the operation of recreation and outdoor
education programs on the premises by GSA or the negligence of GSA
employees, officers, agents or servants. GSA shall furnish suitable documentation
certifying that GSA is a self insured government agency. A statement of self
insurance shall be presented to the CITY prior to execution of this Agreement and
annually upon the submission of the Annual Management Plan. GSA agrees to
License Agreement between the City of Fort Worth and The USA GSA Page/8
License Agreement between the City of Fort Worth and The USA GSA
notify the CITY sixty (60) days prior to any change in self insurance coverage for
the subject property.
B) GSA and CITY agree to notify the each other promptly upon the receipt of any
claim or lawsuit brought in connection with any injury, death or damages on the
licensed Premises. GSA and the CITY agree to make their representative officers,
agents and employees available to the CITY at all reasonable times for any
statements and case preparation necessary for the defense of any claims or
litigation for which GSA or the CITY may be responsible hereunder.
C) Nothing herein shall be construed, in any manner, to create a Cause of action for
the benefit of any person or organization not a party to this Agreement, or to
create any rights for the benefit of any person or organization not a party to this
agreement not otherwise existing at law.
15) Enforceability. In case any one or more of the provisions contained in this Agreement are
for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any provision hereof, and this Agreement
will be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
City of Fort Worth General Services Administration
1000 Throckmorton Street 819 Taylor Street
Fort Worth, Texas Fort Worth, Texas
76102 7d Z
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By: By:
'�. �.�.,. .
�
-.Libby Watson
Assistant City Manager
License Agreement between the City of Fort Worth and The USA GSA Page 19
License Agreement between the City of Fort Worth and The USA GSA
Approved as to Form and Legality
By:- �' 6 r -
Assistant City Att ey
ATTESTED BY
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contract Authorization
Uate
License Agreement between the City of Fort Worth and The USA GSA Page/10
License Agreement between the City of Fort Worth and The USA GSA
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Federal Plaza
License Agreement between the City of Fort Worth and The USA GSA Page
City of Fort Worth, Texas
�A�a� and 0911ML41 Cannun�cAt�an C
DATE REFERENCE NUMBER LOG NAME PAGE
6/19/01 **L-13080 1 80PLAZA 1 of 2
SUBJECT LICENSE AGREEMENT WITH THE U.S. GENERAL SERVICES ADMINISTRATION
FOR THE USE, OPERATION AND IMPROVEMENT OF FEDERAL PLAZA PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a License Agreement
with the U.S. General Service Administration (GSA) for the use, operation and improvement of Federal
Plaza Park.
DISCUSSION:
The Hyde Park Civic Square group, comprised of representatives and staff from the City, the Fort Worth
Transportation Authority (The T), the GSA, Downtown Fort Worth, Inc., the Cravens Family (owners of
the Flatiron Building) and interested people and civic groups, worked together to develop concept plans
for the redevelopment of Hyde Park.
As part of an incremental process to redevelop this public square, the GSA has committed funds from
its "First Impressions" program for the design and construction of new facilities in Federal Plaza Park.
Preliminary designs indicate a more open public plaza that will serve as the entry plaza for the Fritz G.
Lanham Federal Building.
The recommended agreement will allow the GSA to expend funds for capital improvements needed for
the redevelopment of Federal Plaza, and formalizes the partnership for the installation, maintenance
and operations of the improvements.
Major terms of the agreement include:
a) License for the use of Federal Plaza Park (0.6 acres) for twenty years at $1.00 a year; and
b) Authorization for the renovation and development of the plaza in conjunction with the overall
development plans for the Hyde Park Downtown Public Square; and
c) Right to contract concessions and manage reservations for special events or programs; and
d) Right to maintain and provide security for the premises or fund such services.
This property is located in COUNCIL DISTRICT 9.
City of Fort Worth, Texas
IYD a or and ou 0*1 a ■ a tion
DATE REFERENCE NUMBER LOG NAME PAGE
0119101 **L=13080 1 80PLAZA 2 of 2
SUBJECT LICENSE AGREEMENT WITH THE U.S. GENERAL SERVICES ADMINISTRATION
FOR THE USE, OPERATION AND IMPROVEMENT OF FEDERAL PLAZA PARK
FISCAL INFORMATI ON/CE RTIFICATION:
"rhe Finance Director certifies that this action will have no material effect on City funds.
LW:k
Submitted for City Manager's FUNDTACCOUNTI CENTER I AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6183
CITY COUNCIL
Originating Department Head:
U�°� 1� 2D�1
Richard Zav�ala 5704 (from) ,�
}
Additional Information Contact.
City Secretary of the
Randle Harw
ood 5 743 City of Fort Worth,Texas