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HomeMy WebLinkAboutContract 58568 CSC No.58568 NON-EXCLUSIVE LICENSE AND ACCESS AGREEMENT FORT WORTH AREA HABITAT FOR HUMANITY INC. THIS NON-EXCLUSIVE LICENSE AND ACCESS AGREEMENT (the "License Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a Texas home rule municipal corporation (the "City"), acting by and through its duly authorized Assistant City Manager, and FORT WORTH AREA HABITAT FOR HUMANITY INC., a Texas non- profit corporation (the "Licensee"), acting by and through its duly authorize representative. WHEREAS the City is the owner of that certain real property known as 2217-2219 Western Avenue, Fort Worth, Texas 76107 (collectively, the "Property"); and WHEREAS City wishes to allow Licensee to access the Property for the purpose of deconstructing and salvaging items (including, but not limited to, cabinets, sinks, faucets, toilets, doors, flooring, appliances, water heaters, heating and cooling units, windows, hand rails, fences and gates, light fixtures, and electrical boxes, switches, and plates) from structures located on the Property in accordance with Licensee's Restore division; and WHEREAS Licensee agrees that all proceeds generated by such deconstruction and salvage will be used by Licensee to build quality, affordable homes within the City of Fort Worth. NOW, THEREFORE, the City and Licensee agree as follows: AGREEMENT 1. Purpose. The City, in consideration of the covenants and agreements hereinafter contained to be kept and performed by Licensee,hereby grants a non-exclusive license to Licensee for the sole purpose of deconstructing and salvaging items (including, but not limited to, cabinets, sinks, faucets, toilets, doors, flooring, appliances, water heaters, heating and cooling units, windows, hand rails, fences and gates, light fixtures, and electrical boxes, switches, and plates) from structures located on the Property in accordance with Licensee's Restore division (the "Permitted Use"). Licensee's right to enter upon and use the Property shall be limited solely to the Permitted Use and only upon the terms provided herein. Licensee acknowledges and agrees that(1) the rights granted to Licensee pursuant to this License are solely contractual in nature and (ii) this License Agreement is not intended to convey and does not convey to Licensee any interest in real property or any portion of the Property. 2. Use Not Exclusive. This License Agreement and all rights granted to Licensee herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases,and other authorizations for use of the Property to other persons and entities as the City deems appropriate in accordance with applicable law. 3. Acceptance of the Property. Licensee takes all portions of the Property in"AS-IS" condition without any express or implied warranty on the part of the City. Licensee accepts the Property in its present condition, finds it suitable for the purposes intended, and further OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX acknowledges that Licensee is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Property or its suitability for the purposes intended. Licensee accepts the Property a subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, contractors, or trespassers by reason of the exercise of such rights or privileges granted in said easements. Licensee's taking possession of the Property shall be conclusive evidence that: (a) the Property is suitable for the purposes and uses for which same are granted; and (b) Licensee waives any and all defects in and to the Property. The City shall not be liable to Licensee, its agents, employees, contractors, subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts or omissions of Licensee, its agents, employees, contractors, or subcontractors. 4. Term. a. This License Agreement shall be effective beginning January 3, 2023 and shall remain in full force and effect until the earlier to occur of(1) January 22, 2023, or(ii) the date that the Licensee has completed its Permitted Use of the Property. City and Licensee may agree to extend the Term by their written, mutual consent. b. No use of or access to the Property shall be allowed outside of the designated Term. Licensee's rights in and to the Property hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the Term. After the Term ends, all rights of Licensee in and to the Property shall, automatically and without the need for any further documentation,fully and unconditionally terminate,whereupon Licensee shall have no right of entry or use of the Licensed whatsoever. C. City shall have the right to terminate this License Agreement at any time for any reason or for no reason at all by giving Licensee one (1) day's written notice. d. Licensee shall notify the City at least two (2) days before Licensee's entrance upon and use of the Property and the City reserves the right to have a representative of the City present during Licensee's use of the Property. 5. Consideration. Nothing herein shall constitute an obligation of City funds. Neither party shall owe any amount of money for any reason whatsoever to the other party for services rendered in connection with this License Agreement. City shall not be liable nor owe any payment, fee, cost, penalty, or money for any other reason whatsoever to Licensee. City and Licensee expressly agree and stipulate that this License Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Specifically, Licensee agrees that the City will provide a benefit to Licensee by allowing its Permitted Use of the Property. Licensee has accepted this as valuable consideration for its obligations under this License Agreement. Additionally, City agrees that the Licensee will provide a benefit to City by providing using the proceeds from the Permitted Use to construct quality, affordable homes in the City of Fort Worth. 6. Public Safety and Protection of the Environment. a. Licensee shall be solely responsible for initiating, maintaining, and supervising all safety and security precautions and programs in connection with Licensee's use of the Property. b. Licensee shall not knowingly, nor permit any third party using the Property with the express permission of Licensee to, use, handle, or store any Hazardous Materials on, under, over, or about the Property in violation of any applicable laws. Licensee shall not handle or store any Hazardous Materials on the Property, except that the Licensee may, in compliance with applicable environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts and types that are commonly used in connection with the uses permitted herein, provided, however, that Licensee specifically agrees to remove any and all such Hazardous Materials on or before the final day of the Term. Licensee shall not introduce,use, generate, store, accept, or dispose of on, under, or about, transport across, the Property any "treatment, storage or disposal facility" or "underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this License Agreement, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Licensee on the Property shall be posted on site and a list shall be given to City. C. Licensee shall take commercially reasonable steps to avoid creating or aggravating any condition at the Property that could present a threat to human health and safety or to the environment. 7. Safeguard of the Property. Licensee shall take diligent and sufficient measures to insure and safeguard the Property. It is understood and agreed that City shall have no liability whatsoever for the safety or security of Licensee or Licensee's employees, officers, agents, contractors, invitees, assigns, or those holding under Licensee, nor for any personal property belonging to those individuals or entities. Notwithstanding any other provisions herein, Licensee expressly waives all claims,if any, against City with respect to third party property or liability claims and claims regarding Licensee's property or the property of any of Licensee's agents, employees, contractors, or invitees. 8. Duty of Care in Deconstruction. Licensee shall use diligent care during the Term to avoid damaging any existing buildings, equipment, or vegetation on or about the Property and any adjacent property,unless such damage is required for the Permitted Use. If the Licensee causes damage to the Property or to any adjacent property other than as required for the Permitted Use, Licensee shall immediately replace or repair the damage at no cost or expense to the City. If Licensee fails or refuses to make or effect any such repair or replacement, City shall have the right, but not the obligation,to make or effect any such repair or replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to City upon written demand. 9. Governmental and Other Approvals. Licensee shall be solely responsible, at Licensee's sole cost and expense, for obtaining all governmental, regulatory, utility, or other approvals, permits, or rights of access necessary for Licensee's intended use of the Property, including, without limitation, permits required by the City of Fort Worth (collectively, the "Approvals"). Licensee shall not make any submissions or applications to,or correspond with, any governmental entity regarding the Property with respect to such Approvals without City's prior written consent, which consent shall not be unreasonably withheld. City shall reasonably cooperate with Licensee's efforts to obtain the Approvals, at no cost or liability to City. 10. Minimizing Impact to Vegetation and Utilities. a. Licensee shall not cut or remove any trees on the Property unless otherwise expressly permitted by the City in writing. b. Prior to conducting any work on the Property, Licensee shall use its best efforts to locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, and gas lines)within the Property, which shall include, but not be limited to, conducting a dig test. C. If Licensee encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Licensee's use of the Property, Licensee agrees to cease operations and install protective matting or other protective measures over or around such utilities in compliance with specifications approved by the City. Following installation of any required protective measures, Licensee shall contact the City to arrange for inspection and approval by appropriate City personnel. 11. Repair and Restoration. To the extent that any portion of the surface or subsurface of the Property is damaged or disturbed in connection with Licensee's activities under this License Agreement, except as required for the Permitted Use, Licensee shall restore the surface or subsurface of the Property in a good and workmanlike manner to a condition that is equal to or better than the one in which such property existed prior to such damage or disturbance. 12. LIABILITY AND INDEMNIFICATION. a. Licensee agrees to pay City for all damages suffered or incurred by City as a direct result of any of operations on or from the Property conducted for or by Licensee, its agents, employees or representatives, including, but not limited to, all damage or injury to buildings, fences, equipment, and all other property,whether real or personal, except as such damage may be required for the Permitted Use. b. LICENSEE AGREES TO INDEMNIFY,DEFEND AND HOLD HARMLESS CITY, CITY'S MEMBERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS,AND CAUSES OF ACTION BROUGHT AGAINST AND ANY RESULTING LIABILITIES, LIENS, DAMAGES, LOSSES, REMEDIATION, REMOVAL OR CLEAN-UP OBLIGATIONS, FINES, PENALTIES, JUDGMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, COURT COSTS, COSTS OF INVESTIGATION AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION WHATSOEVER FOR ANY LOSS OF OR DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF ANY PERSON INCIDENT TO, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) LICENSEE'S EXERCISE OF THE RIGHTS GRANTED HEREIN, OR (B) ANY ACT OR OMISSION OF LICENSEE, ANY CONSULTANT, CONTRACTOR, SUBCONTRACTOR, OR AGENT OF LICENSEE, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE THAT THEY CONTROL OR EXERCISE CONTROL OVER (COLLECTIVELY, "CLAIMS"). THE INDEMNITEES WILL NOT BE LIABLE IN ANY MANNER TO LICENSEE OR TO ANY OTHER PARTY AS A RESULT OF THE ACTS OR OMISSIONS OF LICENSEE OR ITS CONSULTANTS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR OTHERS IN OR ON THE CITY'S PROPERTY WITH THE PERMISSION OF LICENSEE. ALL PERSONAL PROPERTY (INCLUDING WITHOUT LIMITATION ALL MOTOR VEHICLES)UPON THE CITY'S PROPERTY WILL BE AT THE RISK OF LICENSEE, AND THE INDEMNITEES WILL NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, EVEN IF SUCH DAMAGE OR THEFT IS DUE IN PART TO THE NEGLIGENCE OF AN INDEMNITEE. NO PARTY WILL HAVE ANY RIGHT OR CLAIM AGAINST ANY INDEMNITEE FOR ANY PROPERTY DAMAGE(WHETHER CAUSED BY NEGLIGENCE OR THE CONDITION OF ALL OR PARTY OF THE PROPERTY) BY WAY OF SUBROGATION OR ASSIGNMENT, LICENSEE HEREBY WAIVING AND RELINQUISHING ANY SUCH RIGHT. THE OBLIGATIONS OF LICENSEE SET FORTH HEREIN SHALL SURVIVE ANY EXPIRATION OF THIS LICENSE AGREEMENT. C. LICENSEE COVENANTS AND AGREES THAT CITY SHALL IN NO WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY PROPERTY BELONGING TO LICENSEE, ITS MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR TRESPASSERS THAT MAY BE STOLEN, DESTROYED, OR IN ANY WAY DAMAGED, AND LICENSEE HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. d. Licensee agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or incurred by Licensee or Licensee's agents, employees or representatives while on the Property. 13. Insurance. The Licensee and its contractors and subcontractors shall procure and maintain at all times,in full force and effect, a policy or policies of insurance to provide coverages as specified herein,naming the City as an additional insured and covering all public risks related to the use, occupancy, condition,maintenance, existence or location of the Property and the Permitted Use. The required insurance may be met by a combination of self-insurance,primary and excess policies. a. Primary Liability Insurance Coverage. • Commercial General Liability: $1,000,000 per occurrence, $2,000,000 in aggregate, including coverage for the following: (1) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv)personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. • Automobile Liability: $1,000,000 per accident, including,but not limited to, all owned, leased,hired or non-owned motor vehicles used in conjunction with the rights granted under this License Agreement • Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. b. Underwriters and Certificates. The Licensee shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following execution of this License Agreement, Licensee shall, upon request of City, furnish the City with certificates of insurance signed by the respective companies as proof that Licensee has obtained the types and amounts of insurance coverage required herein. C. No Limitation of Liability. The insurance requirements set forth in this License Agreement and any recovery by the City of any sum by reason of any insurance policy required under this License Agreement shall in no way be construed or effected to limit or in any way affect Licensee's liability to the City or other persons as provided by this License Agreement or law. d. This License Agreement shall immediately terminate, without further action of City, in the event that the insurance policies required herein are canceled or amended without the written consent of the City. 14. Compliance with Laws and Regulations. a. In operating under this License Agreement, Licensee agrees to comply with all applicable federal, state, and local laws,regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public Works, and Health Departments. b. Licensee will not knowingly do or suffer to be done anything on the Property during the term of this License Agreement in violation of the laws, statutes,ordinances,rules,regulations, charter provisions, directives or other requirements. If the City calls the attention of Licensee to any such violation on the part of Licensee or any person employed by or admitted to the Property by Licensee, Licensee will immediately (or otherwise as soon as reasonably possible) desist from and correct such violation or vacate the Property. 15. Notice. All notices required under this License Agreement shall be conclusively determined to have been delivered when(i)hand-delivered to the other party, its agent, employee, servant, or representative, or(ii)received by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To LICENSEE: Mike Bennett, P.E., PMP Tony Zarate Transportation/Public Works Department 4433 River Oaks Blvd 200 Texas Street Fort Worth, Texas 76114 Fort Worth, Texas, 76102 With a copy to: Matthew A. Murray City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 (817) 392-8864 16. Third Parties.Nothing in this License Agreement shall be construed in any manner to create a cause of action for the benefit of any person not a party to this License Agreement, or to create any rights not otherwise existing at law for the benefit of any person not a party to this License Agreement. 17. Prohibition Against Liens. Licensee shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Property. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Property be created or filed,Licensee shall,at its sole expense,liquidate and discharge same within thirty (30) business days after notice from the City to do so. 18. Independent Contractor. It is expressly understood and agreed that Licensee shall operate as independent entity in each and every respect hereunder and not as an agent, representative,or employee of the City. Licensee shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to the Permitted Use and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between the City and Licensee, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees.Nothing contained in this License Agreement shall be construed as the creation of a partnership or joint enterprise between the City and Licensee. 19. Assi n�. Licensee may not sell, assign, or otherwise transfer any of its rights or obligations under this License Agreement without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. 20. Miscellaneous. a. The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this License Agreement. b. This License Agreement shall be governed by and construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this License Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -Fort Worth Division. C. It is understood and agreed that by execution of this License Agreement, City does not waive or surrender any of its governmental powers or immunities. d. By executing this License Agreement, Licensee's agent affirms that he or she is authorized by Licensee to execute this License Agreement and that al I representations made herein with regard to Licensee's identity, address, and legal status are true and correct. e. This License Agreement constitutes the entire understanding and agreement of the City and Licensee as to use of the Property. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this License Agreement. This License Agreement shall not be amended unless agreed to in writing by both parties. f. If any clause or provision of this License Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, effective during the Term, the intention of the parties hereto is that the remaining parts of this License Agreement shall not be affected thereby unless such invalidity is, in the sole determination of the City, essential to the rights of both parties, in which event City has the right, but not the obligation, to terminate the License Agreement on written notice to Licensee. g. Pursuant to Chapter 2, Article TV, Division 3, Section 2-134, Administration, Powers and Duties of the Department of internal Audit, of the Code of Ordinances of the City of Fort Worth, City may, at City's sole cost and expense, at reasonable times during Licensee' normal business hours and upon reasonable notice, audit Licensee's books and records, but only as it pertains to this License Agreement and as necessary to evaluate compliance with this License Agreement. h. This License Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same document. CITY: LICENSEE: FORT WORTH AREA HABITAT FOR HUMANITY INC. hr�ca>ze By:W Johmon(Dec 11,2 208:20 EST) By:tony zarate(Dec 8,2D22 17:38 CST) William Johnson Tony Zarate Assistant City Manager Donation and Deconstruction Director Date: Dec 11,2022 2022 Date: Dec 8,2022 2022 APPROVAL RECOMMENDED: 8 By: Mike Bennett, P.E., PMP Project Manager APPROVED AS TO FORM AND LEGALITY: By. Matthew A. Murray pogvoUp4 Assistant City Attorney oFFORTaa gj'oP. add o°erg �.�.�o ATTEST: ��* o=� oar �an�el�a-S �an�7a,CG aQa rEXAg44p By:Jaette S.Goodall(Dec 12,2@208:22 CST) �nnAo4'a�' ' nn Jannette S. Goodall City Secretary Form 1295: 2022-916926 Contract Authorization: M&C: 22-0635 Date: 8/23/2022 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. a - Mike Bennett, P.E., PMP OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 101262 License Agreement - Habitat for Humanity - 2217-2219 Western Avenue Final Audit Report 2022-12-09 Created: 2022-12-08 By: Sadie Ishmael(Sadie.Ishmael@fortworthtexas.gov) Status: Canceled/Declined Transaction ID: CBJCHBCAABAAK8PvMhgR3rVdugN7Kbw_MW2klu4DnCwD "101262 License Agreement - Habitat for Humanity - 2217-2219 Western Avenue" History Document created by Sadie.Ishmael@fortworthtexas.gov 2022-12-08-9:27:20 PM GMT-IP address:204.10.90.100 �S© Signer Sadie.Ishmael@fortworthtexas.gov entered name at signing as Sadie Ishmael 2022-12-08-10:06:29 PM GMT-IP address:204.10.90.100 6a Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date:2022-12-08-10:06:31 PM GMT-Time Source:server-IP address: 204.10.90.100 C':► Document emailed to Mike.Bennett@fortworthtexas.gov for signature 2022-12-08-10:06:32 PM GMT Email viewed by Mike.Bennett@fortworthtexas.gov 2022-12-08-11:22:54 PM GMT-IP address:204.10.90.100 Signer Mike.Bennett@fortworthtexas.gov entered name at signing as mike bennett 2022-12-08-11:23:22 PM GMT-IP address:204.10.90.100 Document e-signed by mike bennett (Mike.Bennett@fortworthtexas.gov) Signature Date:2022-12-08-11:23:24 PM GMT-Time Source:server-IP address:204.10.90.100 Document emailed to tony.zarate@trinityhabitat.org for signature 2022-12-08-11:23:26 PM GMT Email viewed by tony.zarate@trinityhabitat.org 2022-12-08-11:37:34 PM GMT-IP address:76.204.247.123 Signer tony.zarate@trinityhabitat.org entered name at signing as tony zarate 2022-12-08-11:38:55 PM GMT-IP address:76.204.247.123 FORT W❑RTH, PDwer2d by Adobe Acrobat Sign 4:1Q Document e-signed by tony zarate (tony.zarate@trinityhabitat.org) Signature Date:2022-12-08-11:38:57 PM GMT-Time Source:server-IP address:76.204.247.123 C'.► Document emailed to Michael.Owen@fortworthtexas.gov for approval 2022-12-08-11:38:59 PM GMT Email viewed by Michael.Owen@fortworthtexas.gov 2022-12-09-1:44:27 PM GMT-IP address:204.10.90.100 Document canceled by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2022-12-09-4:48:02 PM GMT-IP address: 204.10.90.100 FORT WORTH, PDwer2d by Adobe Acrobat Sign M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F H Create New From This M&C 20SWM HABITAT FOR DATE: 8/23/2022 REFERENCE **M&C 22- LOG NAME: HUMANITY AGREEMENT NO.: 0635 CENTRAL ARLINGTON HEIGHTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a License Agreement with Trinity Habitat for Humanity, Inc. for Deconstruction and Salvage of Materials from Structures on City-Owned Properties Located at 2209, 2211, 2217, and 2219 Western Avenue, Fort Worth, Texas 76107, Find That the Donation of the Salvaged Materials to Trinity Habitat for Humanity, Inc. Serves a Public Purpose and That Adequate Controls Are In Place to Ensure That the Public Purpose is Accomplished RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a license agreement with Trinity Habitat for Humanity, Inc. for deconstruction and salvage of materials from structures on City-owned properties located at 2209, 2211, 2217, and 2219 Western Avenue, Fort Worth, Texas 76107; and 2. Authorize the donation of salvaged materials to Trinity Habitat for Humanity, Inc.and find that the donation serves the public purpose of providing decent, safe, and affordable housing to moderate-to-low-income City residents and that the agreement will provide adequate controls to ensure that the public purpose is accomplished. DISCUSSION: This Mayor and Council Communication (M&C) recommends that the City Council authorize a license agreement between the City of Fort Worth and Trinity Habitat for Humanity, Inc. (Habitat for Humanity) to allow Habitat for Humanity to deconstruct and salvage usable items (such as water heaters, cabinets, sinks and fixtures, etc)from duplexes located on City-owned properties at 2209, 2211, 2217, and 2219 Western Avenue, Fort Worth, Texas 76107. The M&C would also authorize the donation of the salvaged materials to Habitat for Humanity for resale to the general public, with the proceeds used to enable Habitat for Humanity to construct additional quality, affordable homes in the City of Fort Worth. By approval of this M&C, Council finds that donation of the salvaged materials will accomplish the public purposes of(i) benefitting low-to-moderate-income residents by supporting Habitat for Humanity's mission of providing quality, affordable housing; (ii) diverting re-usable materials from the landfill; and (iii) reducing the City's costs to fully demolish the duplexes. By approval of this M&C, Council also finds that the license agreement is an adequate control to ensure that the public purpose is accomplished. On September 26, 2017, City Council authorized staff to apply for a Federal Emergency Management Agency (FEMA) grant, administered by Texas Water Development Board, for voluntary acquisition of highly flood-prone residential properties in Central Arlington Heights (M&C C-24810). A grant was subsequently awarded for the acquisition of two properties, located at 2209/2211 and 2217/2219 Western Avenue. On May 24, 2022, City Council authorized the purchase of these properties (M&C 22-0389 & 22-0390). Once Habitat for Humanity has finished salvaging the properties, the City will fully demolish the structures and maintain the properties as greenspace, in accordance with the FEMA grant. http://apps.cfwnet.org/council packet/mc review.asp?ID=30188&councildate=8/23/2022 12/8/2022 M&C Review Page 2 of 2 This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATIONXERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department 1 Account Project Program Activity Budget Reference# Amount ID ID I Year Chart field 2) Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Linda Young (2485) ATTACHMENTS Habitat for Humanity 1295.0 (CFW Internal) M&C_CAH_MAP.pdf (Public) http://apps.cfwnet.org/council packet/mc review.asp?ID=30188&councildate=8/23/2022 12/8/2022 FORT WORTH,,'; Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: License Agreement for Habitat for Humanity-2217-2219 Western Ave -CAH Area M&C: 22-0635 CPN: 101262 CSO: DOC#: Date: 12/5/2022 To: Name Departme Initials Date Out nt 1. Mike Bennett TPW "L8 Dec 8,2022 2. Tony Zarate tony.zarate@trinityhabitat.org Contractor Dec 8,2022 3. Michael Owen TPW o Dec 9,2022 4. Lauren Prieur TPW Dec 9,2022 5. Matt Murray Legal Dec 9,2022 6. William Johnson CMO Dec 11,2022 7. Melissa Brunner CSO Dec 12,2022 8. Jannette Goodall CSO 4!0-- Dec 12,2022 9. Allison Tidwell CSO T Dec 12,2022 10. TPW—SW—Contracts TPW SW Dec 8,2022 11. CC: Program Manager—Linda Young, Sr.CPO—Lissette Acevedo,TPW BSPAP Recon Team— Cindy Sengathith DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature,Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return to: tpw sw contractsWortworthtexas.gov Call 817-229-3283 with questions. Thank you!