HomeMy WebLinkAboutContract 19813 CITY SECRE-r�i,.7.
LICENSE AGREEMNT ` rz '�
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LICE
Th' E AGREEMENT is made and entered into the
,�
day of 1993, by and between the BOARD OF
TRUSTEES of the HURST-EULESS-BEDFORD INDEPENDENT SCHOOL DISTRICT, a
political subdivision of the State of Texas and a legally
constituted Independent School District located within Tarrant
County, Texas, (hereinafter called "HEBISD" ) , and the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas,
located within Tarrant County, Texas, (hereinafter called "CITY" ) .
RECITALS
This agreement is made under the authority granted to
HEBISD and the CITY by and pursuant to Texas Government Code
Chapter 791 , known as the INTERLOCAL COOPERATION ACT.
A neighborhood park is needed to serve the community of
River Trails south of Trinity Boulevard and west of Precinct Line
Road.
6 ,.
The CITY has to date been unable to obtai ask
land through the CITY' s park dedication policy �a
ordinance for the River Trails community. °°
The HEBISD has advised the CITY that the western portion
of a block of school land located in Fort Worth at the southwest
corner of Elbe Trail and Lehigh Drive can be made available for
recreational uses and development .
NOW THEREFORE, in consideration of the mutual covenants
herein expressed, the parties agree as follows :
AGRE MEBT
1. Description. HEBISD grants to CITY a license for the
use of the western portion of Lot 8, Block 9 of the River Trails
LICENSE AGREEMENT PAGE 1
PF1:f 5'f',rW'C)UTFACT-2212(cip)
Addition, containing approximately 3 . 572 acres out of the J.B.
Johnson Survey, Abstract 855 and JW Sanson Survey, Abstract 1387,
such complete tract being more particularly described in the field
notes marked Exhibit "A" and outlined on the plat marked Exhibit
"B" , both exhibits being attached her and incorporated herein
for all purposes incident to this agreement .
2 . Ter jR_DL_&gXeVDgMt. The term of this agreement shall be
for twenty-five (25) years, in with the date of execution
hereof, subject to further extension at the expiration thereof by
mutual consent .
3 . F-e&. The fee for this use is the sum of ONE DOLLAR
($1. 00) per year, payable at time of execution of this Agreement .
The parties agree that all consideration detailed in this agreement
fairly compensates HEBISD for the license granted by HEBISD, and
HEBISD acknowledges receipt and acceptance of this consideration.
4 . Use The premises shall be used for a
neighborhood park development which may include a play area, picnic
facilities, multi-use slab, practice sports fields and landscaping .
5 . As further consideration
herein, the CITY or its contractor shall, at CITY' s own cost and
expense, perform all or and furnish all material necessary to
complete the premises for the proposed use in accordance with the
CITY' s specifications . All payments by the CITY shall be made from
current revenues available to the CITY.
6 . fie....__- As further consideration
herein, the CITY shall, at all times during the term of this
Contract, at either its own expense or through collaborative
efforts of other parties, maintain and repair the premises in
accordance with the CITY' s normal and customary standards of park
maintenance, to the reasonable satisfaction of HEBISD. All
payments by the CITY shall be made from current revenues .
LICENSE AGREEMENT PAGE 2
HEB1SD/FW/C0NTRACT-2212(cJp)
7 . Improvements . Title to improvements placed on the
premises by the CITY will remain with the CITY during the term of
this Agreement . Ownership of improvements upon termination of this
Agreement shall be as provided in paragraphs 10 and 11 herein.
Such improvements shall be made available for the use of the
general public at all times except when being used by HEBISD during
regular school hours or when reserved by HEBISD upon reasonable
notice to the CITY. The parties hereto agree that no dedication of
school property for park purposes is made or intended, and that
while school or school-related activities are being conducted on
the property, the HEBISD may exclude any person or persons it could
exclude from any other school building or school grounds .
8 . Development of Improvements . Prior to making any
improvements to the premises, CITY shall submit detailed drawings
and plans for the improvements, showing the proposed location of
each improvement . The CITY shall obtain the written approval of
the HEBISD Superintendent before making the improvements .
9 . Rules . Regulations and Operation. The premises shall
be subject to the same rules, regulations and methods of operation
as other public parks operated by the City of Fort Worth' s Park and
Recreation Department for the public benefit, as long as such use
does not interfere with HEBISD' s use of the property for school
purposes .
10 . CITY' s Default . If the CITY fails , for any reason, to
perform any provision of this Agreement, this Agreement may be
terminated by HEBISD if the default continues for a period of
thirty (30) days after HEBISD notifies CITY in writing of the
default and its intention to declare this Agreement terminated.
Should this Agreement be terminated pursuant to CITY' s default,
CITY shall have a period of ninety (90) days after this Agreement
is terminated to remove, if the CITY in its discretion so elects ,
all improvements, equipment and facilities , except permanent
improvements . Title to permanent improvements shall vest in
HEBISD, at no cost to HEBISD. "Permanent improvements" are those
LICENSE AGREEMENT PAGE 3
HEBISD/FW/C0NTRACT-2212(cjp)
improvements which cannot be removed without substantial damage to
the licensed premises .
11 . Termination.
A. In the event HEBISD requires the use of the
premises for school purposes prior to the expiration of the terms
of this Agreement, HEBISD shall notify the CITY at least ninety
(90) days in advance of such need in order to permit the CITY
reasonable time to remove portable equipment or facilities . HEBISD
further agrees to purchase all permanent improvements erected by
the CITY on the premises hereunder at a price that shall represent
the original cost of such improvements minus depreciation
calculated on a straight line basis using a twenty-five (25) year
useful life. All fully depreciated permanent improvements shall
become the property of HEBISD.
B. CITY may terminate this Agreement upon giving
ninety (90) days notice to HEBISD. In such event, CITY may, within
said ninety (90) day period, remove portable improvements . All
permanent improvements shall become property of HEBISD in the event
of such termination by CITY.
12 . Entry Upon Premises . HEBISD shall have the right to
enter the premises at all reasonable times for the purposes of
inspecting and viewing the premises .
13 . Indemnity.
A. To the extent permitted by law, the CITY agrees
to save, protect, defend, indemnify and hold harmless HEBISD, 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 the operation of recreation
programs on the licensed premises or the negligence of CITY
employees, officers , agents or servants or the concurrent
negligence of CITY and HEBISD employees, officers , agents or
LICENSE AGREEMENT PAGE 4
HEBISD/FW/CONTRACT-2212(cjp)
servants; provided, however, that this indemnity agreement does not
cover or include:
(1) any liability or obligation to third
parties based on any contract to which the CITY is not a party; or
(2) any tort claim or liability for which the
CITY would not be liable if the same were asserted directly against
the CITY; or
(3) any tort claim or liability arising out of
the sole negligence of HEBISD, its officers , employees , agents or
servants; or
(4) any tort claim or liability arising out of
the gross negligence, malicious intent , bad faith, or other
intentional , deliberate, willful or malicious act of HEBISD, its
officers, agents , employees or servants, whether or not there is
negligence on the part of the CITY, its officers, agents , employees
or servants .
B. The parties hereto contemplate that all
obligations of the CITY created hereunder will be satisfied out of
the funds available under the CITY' s program of self-insurance.
C. HEBISD agrees to notify the CITY promptly upon
the receipt of any claim or lawsuit brought in connection with any
injury, death or damages on the licensed premises . HEBISD agrees
to make its 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 the
CITY may be responsible hereunder .
D. Nothing herein shall be deemed to constitute a
waiver of any immunity or affirmative defense which may be asserted
by HEBISD or CITY pursuant to law.
LICENSE AGREEMENT PAGE 5
HEBISD/FW/CONTRACT-2212(cjp)
E. 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 create any rights for the
benefit of any person not a party to this Agreement not otherwise
existing at law.
14 . und. This agreement shall be binding upon
the successors and assigns of both parties in like manner as upon
the original parties .
15 . App_LjgAbJg _LDW. This agreement is entered into subject
to the provisions of all applicable federal, state and local laws
or ordinances and the requirements of any and all governmental
regulatory agencies having jurisdiction over the subject matter .
This agreement is fully performable in Tarrant County, Texas .
16 . 6.ev v" If any of the provisions
contained in this agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceablility, all not be construed as if such
invalid, illegal, or unenforceable provision had never been
contained herein.
17. SQ JkAgXggDg-n-t. This agreement constitutes the sole
and only agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties
respecting the subject matter .
EXECUTED this6o&,,,,,,...... day of 1993 .
CITY OF FORT WORTH HURST-EULESS-BEDFORD I .S.D.
1000 Throckmorton Street 1849 Central Drive
Fort Worth, Texas 76102 Bedford, Texas 76022
ibb Watson B���ar Manire
By: L
Assistant City Manager President, Board of Trustees
LICENSE AGREEMENT PAGE 6
HEB1SD,/FN/C0NTRACT-2212(cJp)
..........................
ATTEST: ATTEST:
liiadlz -) - tAAU44�--
By: Alice Church By: GgorgeAnn Gallian
City Secretary Secretary, Board of Trustees
APPROVED AS TO FORM AND LEGAILITY:
Assistant City torney
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in
and for the State of Texas , on this day personally appeared Larry
Manire, known to me , to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was
the act of Hurst-Euless-Bedford Independent School District and
that he executed the same as the act of said Hurst-Euless-Bedford
Independent School District for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A7�-A day
of ���� 19 93
pt�pV n��1 CINDY RUTLEDGE
OPNOTARY PUBLIC NOTARY P IC and or
State of Texas the Sta a of Texas
Gomm: €xp:0&31-97
Culatrac,t a flwll.:y; f q,tion
Date
LICENSE AGREEMENT PAGE 7
UEH 1;'V,FW,'(:(,,11TRACT-2 12(cjp)
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in
and for the State of Texas, on this day personally appeared Libby
Watson, Assistant City Manager, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that the same was the act of the City of Fort Worth and that she
executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND SEAL OF OFFICE this day
Of i lj- 19�n
V.RoemON
Ha.ary Put�IIC .
« STATE OF TEXAS NOTARY PUBLIC in and for
y
`;": �,,!`� .Elp AVZii994 the State of Texas of
LICENSE AGREEMENT PAGE 8
HEBISD/FW/CONTRACT-2212(cjp)
OFFICE OF THE CITY ATTORNEY
THE CITY OF FORT WORTH
1000 THROCKMORTON
FORT WORTH,TEXAS 76102
(817)871-7600
FAX (817) 871-8359
MEMORANDUM
DATE: July 30 ® 1993
TO: Libby Watson
Assistant City Manager
FROM: David L. Yett
Assistant City Attorney
SUBJECT: HEBISD River Trails Agreement
Attached are the four original license agreements allowing use
by the City of HEBISD land for park purposes ®
There is an M&C awaiting your consideration which would
recommend City Council approval of this agreement . When the M&C
came through my office® I attached a prior draft of the license
agreement . Please replace this with the a copy of the attached
agreement when it goes out to the City Council . The only revision
contained in this later version is the inclusion of the words
Ivacting in the course and scope of their employment" in the
indemnity clause (Section 13} ®
Richard Zavala and Bob Riley of Park and Recreation have
reviewed and approved the license agreement also ®
DLY : st
Attachment
cc: Richard Zavala (w/attachment}
Bob Riley (w/attachment}
it
ROHNE HoODENPYLF_ LOBERT MYERS & SCOTT, P.C.
JERRY R.HOODENPYLE ATTORNEYS AND COUNSELORS AT LAW MAILING ADDRESS
JAMES E.LO BERT 1323 WEST PIONEER PARKWAY-SPUR 303 P.O.BOX 13010
THOMAS I-MYERS ARLINGTON,TEXAS 76094-0010
BOARD CERTV=-CRS4NAL LAW ARLINGTON,TEXAS 76013
TEXAS WARD OF LEGAL SPECIALMATM
LYNN ROSSI SCOTT TELEPHONE:(8 17)277-521 1
BARBARA M.WILLIAMS METRO,(8 17)265-2841
CHARLES BENJAMIN AKERS TAX DEPT:(817)277-0041
FAX LINE:(8 17)275-3657
WAYNE A.ROHNE
OF COUN103- July 29, 1993
Mr. David Yett
Assistant City Attorney
it of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
RE: HEBISD/River Trails Agreement
Our File No. 90000-79
...................
Dear David:
Per our earlier discussions, enclosed please find four
original License Agreements allowing use by the City of Fort Worth
of the land located in the River Trails subdivision that is owned by
the Hurst-Euless-Bedford Independent School District .
These agreements were approved at the July 27, 1993, meeting
of the Board of Trustees of the HEBISD, and have been executed by
all appropriate HEBISD officials .
It is my understanding that you have recommended approval of
this agreement. Therefore, please obtain the appropriate agreements
and signatures from the necessary City of Fort Worth
representatives, then send two original License Agreements back to
me.
Thank you for your courtesy and patience in this matter . I
have enjoyed working with you.
Sincerely,
( 16S LY R OS I SCOTT S6"
LRS/slcj
cc: Dr. Ronald Caloss
HEBISD/LTR/Yett-32
UEBISD/Contract-C/Fort Worth
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