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HomeMy WebLinkAboutContract 28745 r r CITY SECRET, C� 05-21-03A09 :59 RCVD CONTRACT No t1 INTERLOCAL COOPERATION AGREEMENT This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and the COUNTY OF TARRANT ("County"), a county organized under the laws of the State of Texas. RECITALS The City and County hereby agree that the following statements are true and correct and constitute the basis upon which the City and County have entered into this Agreement: A. On or about August 27, 2002 the parties entered into an Interlocal Agreement under which the City granted the County a non-exclusive license to use the south parking lot of LaGrave Field (the "Existing Parking Lot"), as specifically depicted in Exhibit "A", attached hereto and hereby made a part of this Agreement for all purposes, for County juror service parking in return for the County's undertaking of maintenance of the Existing Parking Lot. On or about October 29, 2002, the parties amended the Interlocal Agreement to extend its expiration date to April 30, 2003. The Interlocal Agreement and the amendment are public documents on file in the City Secretary's Office as City Secretary Contract Nos. 27948 and 28186, respectively, and shall be referred to herein as the "Previous Interlocal Agreement". B. The County would like to construct a new parking lot on land owned by the City south of and immediately adjacent to the Existing Parking Lot, as specifically depicted in Exhibit "A" (the "New Parking Lot"). Once the New Parking Lot is completed, the County would like to use the New Parking Lot instead of the Existing Parking Lot for juror service and other County-related parking and for that use to be licensed for a longer term than provided in the Previous Interlocal Agreement. The City is willing to allow that use on the terms and conditions set forth in this Agreement. C. The performance of this Agreement by both the City and County will be in the common interest of both parties and will benefit the general public. D. This Agreement is authorized by Sections 791.001 through 791.029 of the Texas Government Code. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: �, IICJ�i�I �Ik 2C rD Page 1 "ITY Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots VI, "'''JNMi U Ql 3.3. Repaving of Existing Parking Lot. Subject to Section 3.7 of this Agreement, County, at County's sole cost and expense, agrees to provide all materials, labor, equipment and incidentals necessary to repave the Existing Parking Lot consisting of cement soil stabilization, two (2) inches of HMAC over a six (6) inch stabilized base with 3.5% cement. County, at County's sole cost and expense, will also stripe the Existing Parking Lot for parking spaces in accordance with the design provided by the City pursuant to Section 3.7. 3.4. Filling of Ponds and Regrading of Area to River. Subject to Section 3.7 of this Agreement, County, at County's sole cost and expense, agrees to (i) regrade the area between the Trinity River and the eastern edges of the Existing Parking Lot and New Parking Lot and (ii) fill the ponds located in that area with excess dirt and rock resulting from the construction and reconstruction projects set forth in Sections 3.1, 3.2, 3.3 and this 3.4 in accordance with the specifications provided by the City pursuant to Section 3.7. 3.5. Construction of Bus Shelters on New Parking Lot. County, at County's sole cost and expense, may construct bus shelters on the New Parking Lot that are mutually acceptable to the Fort Worth Transportation Authority, the City and County, which acceptance shall be evidenced in writing. 3.6. Documentation of Costs. The purpose of this Section 3.6 is to satisfy the obligations of the City in the event of termination of this Agreement pursuant to Section 12.3. Prior to initiation of each construction project outlined in Sections 3.1, 3.2, 3.3 and 3.4 of this Agreement, County will provide the City's Director of the Transportation/Public Works Department ("T/PW Director") with a written Pi estimate of the cost of each such project. If the City reasonably objects to any cost estimate, it shall promptly notify the County and the City and the County shall work together in good faith to address the City's concern. If the County exceeds its cost estimate for any such project by twenty five percent (25%), it shall notify the City promptly upon determining the need for the cost increase and provide an explanation for such cost increase. Upon completion of each construction project outlined in Sections 3.1, 3.2, 3.3 and 3.4, the County will provide the T/PW Director with a written final accounting of the cost of each such project(collectively, the "Final Accounting"). Page 3 Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots 5. MAINTENANCE AND REPAIRS. From the effective date of this Agreement until the date that the New Parking Lot is being used by the County in accordance with Section 4.2 of this Agreement, the County, at the County's sole cost and expense, shall keep in good repair and maintain in its current condition (subject to ordinary wear and tear) the Existing Parking Lot. From the date that the New Parking Lot is being used by the County in accordance with Section 4.2 of this Agreement until expiration or earlier termination of this Agreement, County, at County's sole cost and expense, shall keep in good repair and maintain in its then-current condition(subject to ordinary wear and tear) the New Parking Lot. 6. EXPANSION OF LAGRAVE FIELD OPERATIONS. If the expanded operations of a lawful user of LaGrave Field require use of a portion of the New Parking Lot and the parking spaces lost as a result thereof can be constructed on land owned by the City to the south of the New Parking Lot or elsewhere in the immediate vicinity of the New Parking Lot, then the City may terminate this Agreement as to the portion of the New Parking Lot that is taken provided that (i) the City gives County at least one hundred eighty (180) calendar days' advance notice; (ii) the user of LaGrave Field that is expanding its operations enters into a written agreement with the City and the County under which such user agrees to construct at its expense, or to reimburse County for the construction of, an equal number or more parking spaces than those taken hereunder, which parking spaces shall be of a similar size and quality to those taken hereunder. In this event, the portion of the New Parking Lot that is not taken and any areas encompassing the parking spaces replacing those taken hereunder shall collectively be referred to as the "New Parking Lot" for purposes of this Agreement and the license granted hereunder for use by the County of the New Parking Lot shall continue in full force and effect. 7. SIGNAGE AND ADDITIONAL IMPROVEMENTS. Prior to the undertaking of any construction work or improvements to the Existing Parking Lot and New Parking Lot, County will first obtain written approval from the City of all plans and specifications related thereto. Additionally, County, at its sole cost and expense, agrees to provide all materials, labor, equipment and incidentals necessary for the erection of signage necessary for the parking of County jury services; provided, however, that County shall obtain advance written approval from the City with respect to the size, appearance and location of any such signage. 8. USE. County agrees to coordinate the activities described within this Agreement with the Fort Worth Cats Ball Club and LaGrave Field property management and any other Page 5 Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots Force Majeure, and such failure is not due to any failure of the City to provide professional engineering and grade staking services pursuant to Section 3.7, then the City shall have the right to terminate this Agreement following provision to County of at least sixty(60) calendar days' advance written notice. 12.2. Breach by County. If County breaches a material provision of this Agreement other than as provided in Section 12.1, and such breach has not been cured within thirty (30) calendar days (or, if additional time is reasonably required in order to cure the breach and provided that County is diligently pursuing the cure, within such additional time as may be necessary), then the City shall have the right to terminate this Agreement following provision to County of at least sixty (60) calendar days' advance written notice. In this event, County will not be entitled to reimbursement of any costs expended hereunder. 12.3. Better Use. If the City, in its sole but reasonable discretion, at any time determines that the New Parking Lot could be used for a better public purpose than as a surface parking lot as provided herein, then the City may terminate this Agreement following provision to County of at least sixty (60) calendar days' advance written notice; provided, however, that if such termination occurs within fifteen(15) years of County's initiation of any construction project under Sections 3.1, 3.2, 3.3 and/or 3.4 of this Agreement, then the City shall pay County a sum in accordance with the table below to reimburse County for the unamortized value of those projects at the time: Effective Date of Termination Amount to be Reimbursed Before December 31, 2004 100% of Final Accounting Anytime in 2005 90% of Final Accounting Anytime in 2006 80% of Final Accounting Anytime in 2007 70% of Final Accounting Anytime in 2008 60% of Final Accounting Anytime in 2009 50% of Final Accounting Anytime in 2010 40% of Final Accounting Anytime between January 1, 30% of Final Accounting 2011 and December 31, 2018 If the City does not pay County the sum required by the table above by the stated effective date of termination, this action shall not be a breach of this Agreement by the City, but shall invalidate the intended termination, in which case this Agreement shall continue in full force and effect under its terms and conditions. Page 7 Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots i with a copy to: with a copy to: i Attn: City Attorney Attn: Chief, Civil Division City Attorney's Office District Attorney's Office 1000 Throckmorton 401 West Belknap Fort Worth,TX 76102 Fort Worth,TX 76196 14. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 15. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 16. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 17. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and County and are not intended to create any rights, contractual or otherwise, to any other person or entity. 18. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, or delays caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its Page 9 Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots j# EXECUTED as of the last date indicated below: CITY OF FORT WORTH: COUNTY OF TARRANT: By: B Reid Rector onq ff�j Assistant City Manager Cowrty Judge Date:/2116 Date: / B < . . Johnso AMED BY Commissioner, recinct Four Date: APPROVED AS O FORM/LEGALITY: APPROVED AS TO FORM: By: By: Peter Vaky Name: ( ( 4Assistant City Attorney Assistanistrt Attorney* M&C: C-/ 9592 s-/3-03 * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). o ��U.. Page 11 Interlocal Agreement between City of Fort Worth and Tarrant County Related to LaGrave Field Parking Lots Z LA GRAVE FIELD y�G Z N� I I 2 �O S� P P P F\F�� 2 2 N� STREET RECONSTRUCTION F0FL HDOR7H Exhibit "All City of Fort Worth, Texas ty Ayar And council communication DATE REFERENCE NUMBER LOG NAME PAGE 5/13/03 C-19592 17PARKING 1 of 2 SUBJECT AUTHORIZE EXECUTION OF INTERLOCAL COOPERATION AGREEMENT WITH TARRANT COUNTY FOR CONSTRUCTION OF PARKING LOT AND IMPROVEMENTS TO EXISTING PARKING LOT AT LAGRAVE FIELD RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached Interlocal Cooperation Agreement with Tarrant County for the construction of a parking lot and improvements to the existing parking lot at LaGrave Field. DISCUSSION: On August 27, 2002, the City and Tarrant County (County) entered into an Interlocal Cooperation Agreement (City Secretary Contract No. 27948) pursuant to which the County would have a non- exclusive license to use the south parking lot at LaGrave Field (the Existing Parking Lot), which the City owns, for juror parking and other County uses. In return, the County agreed to maintain and keep the Existing Parking Lot in good repair. The County would like to move its parking operations to a location just south and adjacent to the Existing Parking Lot. Upon completion of a new parking lot in this location, the Existing Parking Lot will be used more exclusively for public parking by the operator of LaGrave Field for Fort Worth Cats games and other events at LaGrave Field. Under the proposed Interlocal Cooperation Agreement, the County would construct a new surface parking lot for approximately 930 vehicles (the New Parking Lot). The County would also resurface the Existing Parking Lot, stripe both Parking Lots, reconstruct those portions of N.E. Fourth Street and N.E. Fifth Street from the eastern edge of North Commerce Street to the western edge of the New Parking Lot. In addition, the County will regrade the area between the Trinity River and the eastern edges of the two parking lots and will fill the ponds located in that area with excess dirt and rock resulting from the construction and reconstruction projects. The County will be required to maintain and make any necessary repairs to the New Parking Lot. The City will pay for professional engineering and surveying services related to the construction project in the amount of $12,000. The City will also be responsible for any landscaping, lighting and fencing that is required on either parking lot. The County will continue to use the Existing Parking Lot for juror parking and other County uses until the New Parking Lot is constructed. The term of the County's license under the proposed Agreement is 30 years, with two (2) renewal options for consecutive terms of five (5) years each. However, if the City determines that the New Parking Lot could be used for a better public purpose than as a surface parking lot, the City will have the right to terminate the County's license, with the understanding that if such termination occurs in the first 15 years, the City will reimburse the County for the unamortized value of the improvements constructed pursuant to the Agreement. The reimbursement will be based on a percentage of the County's actual construction expenditures, as set forth in Section 12.3 of the attached Agreement. In addition, if the operator of LaGrave Field requires a portion of the New Parking Lot for expanded operations of the ballpark, the City may relocate the displaced parking operations of the County to another location in the vicinity of LaGrave Field provided that the ballpark operator agrees to pay for the construction of a number of parking spaces equal to those taken or to reimburse the County for the construction of such new parking spaces. City of Fort Worth, Texas 4vagor And council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/13/03 C-19592 17PARKING 2 of 2 SUBJECT AUTHORIZE EXECUTION OF INTERLOCAL COOPERATION AGREEMENT WITH TARRANT COUNTY FOR CONSTRUCTION OF PARKING LOT AND IMPROVEMENTS TO EXISTING PARKING LOT AT LAGRAVE FIELD The City will have the right to use both parking lots for its own purposes, provided that those do not interfere with the County's uses. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Critical Capital Projects Fund. RR:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Tom Higgins 6192 (from) APPROVED 05/13/03 C116 539120 020116136357 $12,000.00 Additional Information Contact: Peter Vaky 7601