HomeMy WebLinkAboutContract 28413��i1f ���R�i�i�i1� �i
LEAS� AGREENiENT ��������' �� - - �� I `� _
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WITH
FORT WORT�-I INDEPENDENT SCHOOL DISTRICT
FOR A PORTION OF WESTCREEK PARK
�T A TF. �F TEXAS
COUNTY OF TAR[tANT
�fOW ALL PE1t�0I�S BY" THESE PRESENTS:
7i'HIS LEASE AGREEMENT zs made and ;:ntered into this the 1 st day of
October, 2002, by and between the CITY OF FORT WORTH, a home rule municipal
e�rporativn of the Stata ai Texas located within Tarrant, Denton, and Wise Counties,
'Texas (hereinafter re�'ez�c�ed to as "CITY"} acting by azzd through its duly autharized
�*sistaxat Crty Manager, and the BOARD OF TRUSTEE� of the FORT WORTH
INDEYENDENT SCH4�L DISTRICT, a political subdivision of the State of Texas and
a lcgally constituted Independent School District located wrthin Tarrat�t County, Texas.
(Hereinafter xefe�rred to as the "FWISD") acting by and through its du�y authorized
President.
WIiEREAS, on Tune �,4, 2002, ihe City o� Faz�t W orth recei-�ed a vvritten request
from the Fort Worth Independent Schnal Dzstrict t�o use 0.221 acres of Westcreek Park
as part of an aihletic facility �ar the canstruction of the outfield fence for the new
baseball diamond at �outh Hills High School; and
WHEREAS, t�e City Council af Fort Worth has detei7nu�ed that the Q.221 acre
portion o� Westcreek Park can be used by the Fort Worth Tndepcndent Sehool Districi
�or the new baseball field without compromising the reczeatian value of Wesicreek Park
and has taken all reasonable steps to minimize th� harm to the Iand; and
' WHER�AS, the City of Fort Worth has agreed ta ent�r into a Iease with the Fort
Worth Independent School District; and
WHEREAS, the City of Fort �'Vorth has posted the necessary notices and
conducted the requir�d puhlic hearings for ihe conversian of parkl�nd for use a� by the
Fort Worth Independen.t Schaol District as part of �he outfield fence for the new basebaIl
diamond at South Hills High �chool as required by state law under V.T.C.A., Parks &
Wildlife Code § 26.041 et. seq.; and �
NOW THEREFOR�, far and in consideration of the mutual covenants,
promises and agreeznents contain�d herein, the City of Fort V4lorth and Fort Worth
Independent School District, do hereby covenant, and a�ree as follows:
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AGREEMENT
1. Description. A 0.221-acre portion of Westcreek Paxk Iocated in the extreme
sauthwest co�rn�er the Park. This Agreem�nt is subject ta all existing easements for
public raads, channels, highways, public utilities, xai�araatis, pipelines and electricai
transmission lines.
�. L�ase Arnonnt. That for and in considerat�on of the payznent by FWISD to
�he CITY of the sum` of One and No1LOQ Dollars ($1.Q0) pez annum as lease rental,
CTTY hereby leases and demises unto FV4T�SD the use of that parcel of land being more
particularly called the "Leased Premises" and described in Exhibit "A" being attachad
hereto a�d incorporated herein io this Lease Agreement for fhe use for the construciion
of the ou�eld fence far the new baseball drarnond at South Hills High School.
The parties agree that a11 consideratio� detailed in this Agreement faarly
campensates CITY for the lease granted by CTTY and CITY acknowledges receipt and
acceptance of this consideratian.
Payment of ihe annual lease amount sball be made at the Adminis�rative a�'�ces
of the City of Fort Worth Parks and Co�rununity Services Depar�ment on or before the
1St day of November each year of this lease. FWI�D, at �t� aption, may pay, at the
beginning of this lease term, tbe entiz�e lease amount due under this Agreeznent in one
lump sum �aymen� of Twenty Dallars ($20.40).
3. Ternn of Agreement. The tezr� af this lease shall be far Twenty (20} years,
commencing on the 1 st day November 20Q2 and tertninating an the 31 st day of Oeio�er
2022.
4. 5ite Plan. Upon the executian of this Agreement and hefore begiruung any
construciion, excavation, or impxa�en�ents on ihe Leased Premises, FWISD sha�l
submit a site plan indicating the locat�on a� the autfie�d �ence on the Leased Prernises.
The site pla� for the Leased Premises shall be attached and be incarporated into this
Agreement as Exhibit `B,"
The CITY, through its Director of Parks anc� Community Services, and FWISD,
through its designated xepresentatzve, shall mutually agree upan the site plan, Failure
of both parties to mutually agree to the siie plan shall be deezned a� event of default
under the ienns af this Agreement.
�. Use of Leased Premises. The Leased Premises shall be us�d for the
consiruction of the outfield fence for the new baseball diarnond at South Hills High
School as shown on Exiiibit "B."
FVi�TSD covenants and agxees t�iat it will not mak� or s�ffer any waste, unlawful,
improper or offensive use af the demisad Leased Premises or any part iher�of and shali
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oiaserve and comply with a1X applicable federal and state l�ws, Yacal Iaws, �rdinances,
orders and regulations af the federal, sia�e, county or city governments.
6. Inspection o� Leased Premises . CITY, acting by and througY� its authorized
representatives, shall have at any and all tirnes, the full and unrestricted rigiit to enter the
Leased Premises (without causing or constit�xting a tennination of the �rivileg� or an
interference for the possession of th� Leased Prerz�.ises by FWISD) far il�e puxpose of
inspecting and maintaaning the Leased Prernises, io�take any and al1 actions necessary to
fulfill iis obligation undex this agreement and to protect aza.d maintain the Leased
Premises. This shall not authorize �or empower C�TY to direct ihe activitzes of the
FVJISD or assume liability for FWiSD's activzties.
7_ Nandiscrimination. FWISD, in the execution, performance or aitempted
performance of this contract, will noi discriminate agaYnst any person or persons because
�af sex, sexual orientafiion, race, religion, colar az national origin, nor will FWISD permit
its officers, agents, employees or subcontractors to engage in such disc�rimination
This lEase is made and entered into wi�h re#'erence specif caily to the ardinances
codi�ied at Chapter 17, Article III, Division 3("Employment Practices"), of the City
Code of the City of Fort Wortl�, and F�ISD hereby covenants and agrees that FWISD,
its officers, agents, einployees, contrac�ors and subcant�ractors have fully complied with
all provisions of same and that no ernployee nr applicant for ern�aloyment has been
discriminated under the terms oi such ordinances by either FWISD, i�s officers, agents,
employees, contraciors or subconiractors.
8. Yndependent Contractar. FWI�D shall operate h.ereunder as an independent
contractor arid not as axi officer, agent, servant, or employee of the CITY. FWISD shall
have the exclusive con#rol of, and the exclt�sive right to, control the work designated ta
the FWISD to be performed he�reunder, and a�l p�rsans pez-for�ning the sarne, and �hall
be solely responsible far the acts and omissions of .its offieers, agents, servants,
contractors, subcontzactors and employee�. Neither CTTY nor FWISD sha11 be
respansible under the Doctrine of Respondeat Superior for the acts and omissions of its
officers, agents, servants, canfractors, subcontractors, ar' employees. It is understood
and agreed that the CITY is not involved as a party to any aciivities that znay be carried
��� hy FWISD pursuant to �his Ag�reeznent. FWTSD acknovvledges i�self solely
responsible for such aetivities and for alI persons and property involved or used in
connection with FWISD's use of the Leased Premises. Provided, however, that no
provision o� this Iease shall operate or t�e canstrued as a waiver by either party of any
immunity from liability which it has or could be asserted under the doctrine of
govearxunental iirununity or any other immunity whieh it has under �aw.
9. Prepara�ion of Leased Premises. FWISD shall, at its sole costs and expense,
construct any impravements necessary for use as a baseball diamond at South Hills High
Schvol and obtain all licenses ax�d permits necessary for the constructian of
improwements on the Leased Premises whether issued by the state, county or city, and
furnish proof thereof
3
All such construction and improvements by FWISD shall be performed in strict
campliance wiih all of the applicable praviszon.s af the Canstitution and laws af the State
of Texas and th� Charter, ordinazices, reguiations, policies and directives of �he Ci�y of
Fort Worth, z�ow or hereafter in effect.
FWTSD shall promptly pay all bills or charges when due fo� c:oz�struction
or rna:intenance as well as any other arnounts due for material.s, services and Iabor
furnished in connec�ion with the Leased Premises and shall indemnify and hold harmless
CITY for non-paymen� o� same. To the extent permittad by la.w, FWISD shaIl
indemnify and hald harmless the CITY against any and aIl mechaxzics and materialmen's
liens or azxy other type of claims or Iiens imposed upoz� the Leased Premises arising as a
resul# of actions by FWISD.
10. Creation oi Lxen. FWISD shall have not do any act vr ta make any contract
that ixaight create or be the foundation far any lien upon fihe Leased Premises or any
interest in the Leased Premises; and such contract ar lien attempied to be created shall be
void. Should any such purported lien be created or filed, FWiSD, at its awn cost and
e�pense, shall liquidate and discharge the same ian fiill within ten (10) days af�er the
filing thereof. Failure of FWISD to discharge the same shall consiitute an irnmediate
breach of this Leas� unless FWISD f les written docurnentation wifih the CITY within 3q
days of noti�icatian to FWISD of said lien. cQntesting any Iiez� upon the Lease Prernises.
11. Maintenance oi Leased Premises. FW7SD shall take gaod and reason�able
care of the Leased Prezn�ises, suffer no waste, do all the wark and make all repaiz's
necessary or advisable to maintain and restore the Leased Premises and improvements in
good condition and from dete�aration, norinal wear and tEar exceptec�.
FWISD agrees that the CITY shall ir� no way and under no cixcumstances be
responsible fvr any property belo�ging to FWISD, i�s officers, agents, servants,
empioyees, contractors, subcontractors, invztees "ar licensees, which may be stolen,
destroyed, or in any way damaged. To the extent pertnitted by law, FWISD hereby
indemnifies and holds harmless the CITY, its officers, agents and empiayees ftom and
against any and alI such claims.
12. Im�rovements. L'nti� this lease agreement terminates, F`WISD sha11 have
the exclusive right, title, azid interest in all struciwres and i.napxovements constructed by
FWISD on the Leased Premises. At the terminataon of thi� lease or in the et�ent the
school is closed, CITY, in its discretion, will have ihe right to accept such improvements
or require the removal of any or alI improvements placed an the Leased Premises by
FWTSD. FWISD shall pay for any eosis associated with the removal o� said
improvainents. -
Pursuant to the require�nents under Chapter 791.011 of the Interlocal
Cooperation Act, Texas Governxz�ent Code, Chaptez 791, as amenc�ed, each party paying
for the performance o�' governmental functions oz services must make fillose payments
�rom current revenues available to the paying party.
i�
Thareafter, CITY may, a# CZTY'S own casC and expez�se, or by joini agreement
b�iween the CITY and FWISD to share such costs, construct such additional recreational
facili#ies fox the open park space {as shown in Exhibit "B") as the sai.d Fort WorEh City
Council m�y hereafter authorize.
�I'TY sha�] i�ave exclusive right, title and interest yn all siructures and
impravemenis canstructed on the leased space. .It is undersfaod and agreed that the
nature and extent of ihe recreatianal facilities, taow or hereafter consfructed by the CZTY
��r by �.greement between the CTI'�•and FWISD on the park area shall be within the
�iscr�tion of and be Yhe property of the CITY.
13: `�`erminatian
�1. The fallowin� shall be deemed ev�nts nf default by FWISD under this
A.gre�rr�ent:
i) �' �.Ni ST_� fails to �,ay �riy of the lease amounfis when due or any ather
payment o�Freimbursement to City arequired hereunder;
2) �'WI�I7 �ttem�ts to assign this coniract wxthou# the prior written
consent of City;
;) ��VISD vacates any substantial p�rtion af the Leased Premises for a
�eriod of long�r than one school year, unless FWTSD can demonstrate
l�o the satisfactian of the CITY that all rEasonable efforts are being
made by FWISD to occupy said Leased Premises;
4) FWISD fails to use the Leased Premises as a haseball fieid without
wr�tten consent of the CITY; .
5) FWISD makes a transfer in fraud of cr�ditors, or makes an
assignment for the benefit of creditors; ar
6) FWISD fails to comply with any term, provisian ar covenant of filais
Agreement.
B. If FWISD defaults for any reason stated above, then this Agreement may
be terminated by CITY under the provisions o�this sectian. If the CITY or FWISD fails
to perforrn any provision of this Agreeinent then the either party may tarminate this
Agz�eement under the provisions of this section.
Terrnination a f this Agreement wiIl occur anly if the default continues after a
goad faith effort by the defaulting party to cure tl�e default far a p�;riod of thirty {30}
days after tbe natifying party informs the defaulting party in writing of the default and
its int�ntion to declara this Agreement teiminated, except as aiherwise set out in this
Agreement. Notificatxan shall be considered when ii is deposited �or delivery by the
United States Pastal Service.
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C. It is agreed that all improvements placed on the Leased Pxemises i�y
FWTSD will l�ecome the soie properky of the CITY at the terrnination of the lease. At the
request and in the sole discretion of the CFTY, FWISD shall have one hundred and
eighty (184) c�ays from the date of terrn.inaiion to zemove such iznprove�ents and
structures from the L�ased Premises. CI'I`Y agrees not to unreasonably withhold any
written request af FW�SD to extend ihe time far removal of improvements. Absent a
request by the CITY to remove said improv�ments and/or structures, the C�TY, in its
discretion, may remove or leave any or ali of �he irnpravernents and structures placed on
said property by the FWISD, at ihe cost of FW�SD .
14. Insur�nce. Prior to the time FWI�D is entitled to any right oi access to or use
of the Leased Premises, FWISD shall provide a cerfi.ficate of self insurance or procure,
pay far and maintain the following insurance written by companies approved by the
State o£Texas and acceptable to CITY.
Executed statements of self insurance or certificates of insurance and/or certified
copies of policies as determin�d acceptabie by the City, shaIl be delivered to City at the
execution oi ihis Agreement.
To the extent permitted by law, FWISD covenants and agrees to obtain and keep
in force during the term of this Agreernent, Comprehensive �ener�.1 Liability Insu�rance,
Yncluding �'ersonal In}ury Liability, Independent Contractors Liat�ility aa�d Contractual
Liabzlity cavering, but not limited to, ihe liability assumed un.der the indemnification
�rvvis��ns of this Agreement, with Iimits of Iiability for bodily injury (includang death)
and �rc�p�riy damage ofnot less than Qne MiFlion Dollars ($1,QOa,DOfl). Coverage shall
be a Combined Single Limit Per Occunrence basis and fhe policy sha.11 include Bzaad
Form Property Damage Coverage witli an insurance company satisfactory to City. The
City o� Fart Worth shall be named as an Additional Prirnary Insured.
The insurance policy shall include t1�e following:
1) The terrn of insuxance is for the duration of the Leas�;
2) The policy shall require that thiriy (30) days prior ta the cancellation or any
rriaterial change in coverage, a natice shal� be given to City by certified mail;
3) Insurers shall have no right of reco�ery or subrogatian agaan.st the City of
Fort Worth, it being the intention tl�at the it�su�ance policy shall protect aIl
parties to the Agireem�nt and be prunary coverage for alI losses covered by
the policies;
4) The compaxay issuing the insurance palicy sk�all haue no recourse against the
City of Fort Worth for payrnent of any premiums or assessments foz any
deductibles which a11 are at �e sole risk of FWISD;
5) The ierms "Owz�er", "City" or "City af Fort Worth" shall include all
autk�o�rities, Boards, Bureaus, Comrnissions, D�visions, Departments, and
�ffices of the City and the individual meinbers, employees and agents
thereof in their oificial capacities and/or while acting on behalf af the City of
Fort Worth; and
G} The policy clause "Othex Insurance" shalI not apply to any insurance
coverage currentl� h�Id by City, io any future coverage, or to CTTY's self-
i�sured retention of whatever nature.
��
FWISD agrees to require ?rs contractars to Furnish C�TY with certifcate of
insurance, acceptable to the CITY, as proo� fhat they seeured and paid far a policy of
public liability insurance covering ail public risks related to the proposed constraction
on the Leased Premises. To the ex�ent permitted by law, FWISD hereby waives
subragaiion rights far loss or da.mage against CITY, its officers, agents and employees
for personal injuzy (including death), property damage or any other loss relating to
construction or any other activity related to this lease.
FWI�D sha11 not do or permit to be done anything in or upon any portion of the
L,ease� Premises, or bring or keep anything therein or th�;reupon which will in any way
conf�ict wiih the canditions of any insurance policy upon f1�e Leased Premises or any
part thereof, or in any vvay increase the rate o:f fix'e �nsurance upon the Leased Premises
or on property kept thez'ein.
Ens�.�'ance coverage specified herein constitutes the minimum requirements and
�aid requirerri�nt shall in na vaay Iessen ar limit ihe liability of FWISD under the terms
af ±his A�,reement. FWISD shall procure and maintain, at its own cost and expense, any
�.ciditional kinds and amounts of insurance that, in its own judgment, may be necessary.
The City may �ez�minate this Agreernent u�on the #'a.ilure of the F'W�SD to
provide acceptable documentation of insurance as requ�red by this Agreement.
15. �ndem�i�v.
A. To the extent perrnitied by law, FWISD covenants and agrees io, and
does hereby indemnify, hold harmless and defend, at its own eacpense, City,
its officers, servants and employees, from and against any and all claims or
suits for property lass or damage and/or personal injury, including deatlz, to
any and all persons, of whatsoever kind or characte�', w�ether real or
asserted, arising out of the wprk a�d services to be performed hereunder hy
FWISD, its affice�rs, age�uts, employees, subContractors, licensees or invitees,
WHETHER OR NOT CAiTSEA. IN WHOLE OR IN PART, BY THE
ALLEGED NEGLIGENCE OF THE OFFICER�, SERVANTS,�
EMPLOYEES, OF THE CITY. Tv the extent permitted by Iaw, F�VISD
likewise covenant`s and agrees to, and does here�y, indemnify and ho�d
6�armless City from and against any and all in,�uries, damage, loss or
destruction to properiy a� City during the perfarmance vf any of the terms
and cnnditians af tl�is Contract, WHETHER ARTSING OUT OF �N
WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR
OMISSIUNS OF OFFICERS, SERVANTS. OR EMPLOYEES 4F THE
�TTY.
B. FWISD ag�rees to notify th� CITY pramptly upon the �receipt o�
any clai.xn or lawsuit brought in conneetion with any injury, dEath or darnages on the
'Leaseci ['r+�mises, �',N, rSp agrees tQ �nake its officers, ager�ts, and employees available
to the CITY at all r�dsonable times for any statements and case preparation necessary far
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the defense of any clauns or litigation for which the CITY may be re�ponsible
hereunder.
C. Nothing herein shall be deErned to constitute a waiver o� any
immuniiy or affirmative defense, which may be asserted by FWISD or the CITY as to
any claim of any third pariy, however the CTTY does waive immuniiy to any claim of
FW�SD seeking enforcernent of this agreement pursuant to law.
D. Nothing herein. shall be construed in any manner, to create a cause
of action for the benefit of any person not a party to this Agreement, or to creaie any
rights for the benefit of any person not a party ta this Agreement not otherwise existing
at law.
16, Band, FWISD, at its own C05t5, shail acquire and/or obtain any and all
requir�ed bvnds in accordance with any applicable federal and state laws.
1'�. Assi�nment. FW�SD shall not assign or suhlease its privileges, rights, or
duties hereunder without written �ernussion of tha CITY. If assigned per ihe written
cansent of the City, FWISD agrees ta ensure tk�a� any assignee or suY�lessee will comply
with all terjns, provisions, cavenants, and conditions of this contract, Assigzunen� or
subletting of this Agreement shall not relieve FWISD fram at�y of its obligations under
this Agreement.
1$. Notices. All natices Xequired or permitted under this �greemen�t may be
gi�ren to a party perso�.ally or by rnail, addressed io such party at the address stated
below or tfl such other address as on� party may from time to time notify the other zn
writing. Any notice so given sha11 be deemed received when deposited in the United
States mail so addressed with postage prepaid:
Cl'TY:
CTTY MANAGER, CI'1'1' OF PORT WORTH
1 OQO THROCKMORTON STREET
FORT W ORTH, TEXAS �] 6 I O2
FWISD:
PRESIDLNT, BOARD OF EDUCATION, �ORT WORTH iI�117EPENDENT SCHOOT. I�IS1'i�TCT�
1 OO N. UNIVERSITY DIt.
F�RT WORTH, ���,s 76107-136(}
19. Parties Bou�.d. This Agreement shall be binding upon tl�e successors and
assigns of both parties in like manner as �pon the origi_nal parties.
�0. Applicable Law. This Agreement is entered ir�ta subject to the provisions of
all applicable federal, state and Iocal lavvs or ordinaz�ces and the rec�uirements of any a�d
al1 governmental regulatary agencies having �urisdic�ion over the subj ect matter and
�enue shall be in Fort 'ViTorth, Tarrant �ounty, Texas or the Federal court. of the 1�lorthern
District of Texas, Fort Warth Division.
21. Severabilxtv of Provisions J.�' an.y of the Provisions contained in this Agreement
shall be held, far any reasan, �o be invalid, illegal, ar unenfarc�ab�e in any respect, such
invalid'zty, illega�aty, or unenforceability, shall be construed as i�' such invalid, illegal, or
unenforceable provision had nev�r been contained hexei.�.
��. Sole Agreement This Agreement `constitutes the sole and only agr�ement of
the parties here�a az�d supersedes any prior understanding or written or oral agreernents
between t%e parties respecting the su�ject mat�er.
�
EXECUTED this thE �
(�T_TY OF FORT WORTH
SCHDOL � `�
, �
-�' -
By;
Joe Pan gua
Assista t Cit Man er
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AT'T3�'S'� �
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�City Secreta�y
day of �.�.� G� , , 2003
F�RT WORTH INDEPENDENT
DISTRICT
'•,�
s • .,�
ynne Manny, President
Board af Education
i ATTEST:
S cretary, Boarc� af Educatian
APPRQVED AS TO FORM AN17 LEGALITY
David Y tt, City Attorney
By: G✓dG'- � ��.� u%�
Assist City Attorney
Date: " F ��l�� -
�TATE OF TEXAS
COUNTY OF TARRANT
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�� `O � l�itha�iza��ox�
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BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on
this day personally appeared 7oe Paniagua, Assistant City Manager for the City of Fort
Worth, known to me to be the �ersqn and officer whose nam� n.s =su,�asGribec�. r� �he-
„..�
. l �:
� ��F, t... �htg i�"�
Foregoing instrument and ackinowledged to me 'that tha same was the act of the said City
of Fort Worth, and that he executed the same as the act and deed of the City of Fort
Worth, a municipal corporation of Tarrant, Denton, and Wise Coun�ies, Texas ax�d for
the purposes and consideration therein expressed, and in the capaciiy therein stated.
�:iubscribed to and sworn b�fare me this day a£ , 2003.
NotaYy Public in and for the State of Texas
f,�y �ominissivn Ex�ires:
STATE OF TEXAS
COLTNTY OF TARRANT
BEFQRE ME, the undersigned, ,� Natary Publxc in �d for the 5tate oi �'exas, on
this day persanally appeared Lynne Manny, Presiclent of the Board of Educatian for the
Fort Worth Independeni School District, known to me ta be the person and officer
whose name is subscribed to the fora�oing instrume�t and acknowledged to me that the
same was the acf of the said Fort Worth �ndependent School District, and that she
executed the same as the act and deed of the Fort Worth Independent School District, a
political subdivision, foz' fhe purposes and consideration therei.n expressed, and in the
capacity therein stated.
Subscribed and sworn to before me this �� day of , 2003.
� � �
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Prvposed Area far Conversion of �ark l,and to Schaol A4�Eetic Use.
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Aropased Area for Conversipn af Park Land �
to 5chool Athletic LFse
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�'ity of �ort Y�o�th9 7'excas
i�9��or ��� C�u��il C�mm�a�ica�io�
DATE REF�R�NCE NUMBER L.OG NAME PAG�
1011102 ��� 3�� � SaWESTCREEK 1 of 2
SUBJECT AUTHORIZATI�N FOR THE CONVERSI�N OF 0.221 ACRES OF WESTCREEK PARK
FOR USE AS AN ATHLETIC FACELITY BY THE FORT WORTH INDEPENDENT
SCHOOL DISTRICT'S SOIJTH HILLS HIGH SCHOOL
RECOMMENoATION:
lt is recammended that the City Council:
1. Appro�e the conversEan of Q.221 acres of Westcreak Park far use as additional recreational acreage
for the Fort WQrth Independent 5chool District's (FWISD) Sauth Hills High School; and
2. Find that �here is no feasible or prudent alternativ� fo the con�ersian, and that Aropased school use
as an athletic facility includes all reasanahfe p�anning to minimize harm to the par� resulting from
the canversian; and
3. Authorize the City Manager to enter into a 20-year lease agreement with the FWISD far use of the
0.221 acre portion of the Wes#creek Park property.
DISCUSSION:
On June 24, 2002, FWISD submitted a reques# to ufilize a por�ion of Westcreek Par� for the
constructian of the autfi�ld f�nce of the new baseball diamand at 5outh Hills High School. Westcreek
ParCc is a 17 acre neighbarhood park that was acquired by donation in 'I971. This park is lacated at
6008 Jennie Drive, and s�rves the Westcreek cammunity (neighborhaod unif �-06} which is b�ur�ded by
1H2O to the north, the City limit boundary and Hemphill Street an the east, Altamesa Boulevard on the
south, and MeCart A�►�nue on the west.
It has been determined, in aeeordance with requirements for conversion of parkland se# farth in Texas
Parks and Wildlife Code, Chapter 26, that there is na feasible alternative to conversion of this segment
of Westc�eek Parf�. T�is conversion will encompass a 0.221 acre area in the extreme southwest corner
a'F th� parfc. This conversion is necessary fo prevent hazardaus alignment of the outfield fence. This
conversian will benefit FWISD by providing a safer alignment af the new �aseball field's outfield fence.
The City of Fort Worth benefits by reducing park maintenance cosfis.
On August 2Q, 20Q2, the Parks and Community Services Advisory Boar� (PACSAB} endorsed the
staffs recommendatEon that the City Co�ncil:
Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code,
Cha�ter 2B, Proteetion of Public Parks and R�cr�a#ianal Lands; and
Authorize the City Manager to convert 0.221 acres of Westcreek Park for use by #he FW1SD's
South Hills High Schoal as an at�l�tic faeility, in accordar�ce with the Texas Parks and Vl/ildlife
Code and the Public Hearing.
C`ity o, f'�'oNt Wo�ih, T'exas
M�y�r �nd Coun�i[ Comrnu�nic�����
DA7E REFERE�ICE NUMBER LOG NAME PAGE
10/�102 ��� ��� 0 80WESTCREEK I 2 of 2
suB�Ec'r AUTHORIZATION FOR THE CONVERSION OF 0.221 ACRES OF WESTCRE�K PARK
F4R lJSE AS AN ATHLETIC FACILITY BY THE F�RT WORTH INDEPENDENT
SCHOOL DISTRICT'S SOUTH HII.LS H1GH SCHOOL
In accardance with sfate law, the conversian was advertised an September 1 Q, 17, and 24, 2002.
PEans and maps were avaifable for public review for 30 days at the Parks and Community 5ervicas
Department's administratEve offices at 42C}0 South Freeway, Suits 22QQ. To date, no public comment
has been received, and no comment was registered at the August 20, 2002 PACSAB meefing.
W�stcreefc Park is lacated in COUNCIL D{STRICT 6.
FfSCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City F'unds.
JP:k
Submifted for City Manager's
0flice by:
FUND I ACCOUNT
{to}
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Gi4o
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5704 I (from)
CENTER I AMOUNT I CYTY SECRETARY
.�oe I'aniagua
Originatiug Department Head:
Richard Zavala
Additianal Information Cantact:
Susan White
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5744 I
APPROVED IO/Ol/fl2