HomeMy WebLinkAboutContract 23744 02/10/98 TUE 11:23 FAX 10005
.)3-26-981109 :34 RCVD
CITY SECRETARY/
CONTRACT NO. 7
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT (this Agreement) is made and entered into the a�eo
day of � �3�T 1999, by and between the CITY OF FORT WORTH, a home rule
municipal corporation of the State of Texas, located within Tarrant County, Texas, (hereafter called
"CITY°), and the BOARD OF TRUSTEES of the KELLER INDEPENDENT SCHOOL
DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent
School District located within Tarrant County,Texas, (hereafter called"KISD').
RECITALS
This Agreement is made under the authority granted to CITY and the KISD by and pursuant
to Texas Goyemment Code Chapter 791,known as the INTERLOCAL COOPERATION ACT.
The KISD has requested to use Summerfields Northwest Park, located at 3800 Huckleberry
Drive, for the purpose of expanding the school campus with improvements benefiting the school
and neighborhood.
The City of Fort Worth Parks and Community Services Depaitnent has advised the KISD
that Summerfields Northwest Park is dedicated parkland held in reserve pending development
funding.
NOW THEREFORE,in consideration of the mutual covenants herein expressed, the parties
agree as follows:
A�BEEMENT
1. Description. CITY grants to KISD a license for the use of Summerfields Northwest
Park, located at 3800 Huckleberry Drive, containing 4.99 acres, more or less, such complete tract
being more particularly described in the plat marked Exhibit "A", attached hereto and incorporated
h=int for all purposes incident to this Agreement, and hereafter referred to as the"Prernises".
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2. Icrm of Agreement, The term of this Agreement shall begin with the date of
execution hereof, and shall continue in force unless and until terminated in accordance with its
provisions.
3. Fee. The fee for this use is the sum of ONE DOLLAR($1.00)per year. The parties
agree that all consideration detailed in this Agreement fairly compensates CITY for the license
granted by CITY, and CITY acknowledges receipt and acceptance of this consideration.
4. Use of Premises. The Premises shall be used solely for a neighborhood park
development, which may include a play area, tennis court(s), sports fields, walking trail/track, and
landscaping.
5. Pzgparaton of Premises.
A. As further consideration herein, the KISD or its contractor shall, at KZSD's
own cost and expense, perform all work and furnish all materials necessary to complete the
Premises for the proposed use in accordance with the KISD's specifications (reviewed and
approved by the CITY). All payments for the KISD shall be made from current revenues available
to the KISD.
B. As further consideration herein, the CITY will assist in the development of
the Premises by contributing the sum of THIRTY THOUSAND DOLLARS ($30,000) for Phase I
Developmmt. .All payments by the City shall be made from current revenues available to the City.
6. ) aintenance and R , r,
A. As further consideration herein,the CITY shall, at all times during the terms
of this Contract, maintain and repair the playground equipment in accordance with the CITY'S
normal and customary standards for other CITY playground equipment, and with applicable state
law.
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B. As further consideration herein, the KISD shall, at all times during the term
of this Contract,maintain the other improvements, and perform lawn and landscape maintenance on
the Premises in accordance with KISD's normal and customary standards of school campus
maintenance, to the reasonable satisfaction of the CITY.
7. Improvements_ Title to improvements placed on the Premises by the KISD will
remain with KISD during the tern of this Agreement. Ownership of improvements upon
termination of this Agreement shall be as provided in paragraphs 10 tel- herein, Such
improvements shall be made available for the use of the general public at all times except when
being used by KISD during regular school hours or when reserved by KISD upon reasonable notice
to the CITY and approval by the CITY. The parties hereto agree that no dedication of park
property for school purposes is made or intended, and that While school or school-related activities
are being conducted on the property, the KISD may exclude any person or persons it could exclude
from any other school building or school grounds.
8, Develol?ment of Im=vements. The KISD has submitted detailed drawings and
plans for the improvements, showing the proposed location of each improvement. The KISD shall
obtain the written approval of the City of Fort Worth's Parks and Community Services Department
Director of the drawings and plans prior to making any improvements to the Premises.
9. RuIcs—Regulations and Qperations. 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
Parks and. Community Services Department for the public benefit, as long as such use does not
interfere with KISD's use of the property for school purposes.
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1 U. KXS&s Default If the KISD fails,for any reason,to:
(a) Use the Premises solely for the purposes set forth in paragraph 4 of this
Agreement;
(b) Use the property adjacent to the Premises for school purposes; or
(c) Perform any other provision of this Agreement;
this Agreement may be terminated by the CITY if the default continues for a period of
thirty (30) days after the CITY notifies KISD in writing of the default and its intention to
declare,this Agreement terminated. Should this Agreement be terminated pursuant to
KISD's default, KISD shall have a period of ninety (90) days after this Agreement is
terminated to remove, if the KISD in its discretion so elects, ail improvements, equipment
and facilities, except permanent improvements. Title to permanent improvements shall vest
in the CITY, at no cost to the CITY. "Permanent improvements" are those improvements
which cannot be removed without substantial damage to the licensed Premises.
11. City's Defaulj. If the City, for any reason, fails or refuses to perform any provision
of this Agreement,this Agreement may be terminated by KISD if the default continues for
a period of thirty (30) days after the KISD notifies the City in writing of the default and
its intention to declare this Agreement terminated. Should this Agreement be terminated
pursuant to City's default, KISD shall have the right for a period of ninety(90) days after
this Agreement is terminated to remove, if the KISD in its discretion so elects, all
improvements, equipment and facilities, except permanent improvements. Title to
permanent improvements shall vest in the CITY, at no cost to the CITY. "Permanent
improvements" are those improvements which cannot be removed without substantial
damage to the licensed Premises.
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12. Entry Ut)on Premisos, CITY shall have the right to enter the premises at all
reasonable times for the purpose of inspecting and viewing the Premises.
13. Parties Bound. This Agreement shall be binding upon the successors and assigns of
both parties in like manner as upon the original parties.
14. Applicable Law. 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_
15. Severability of Provisions, 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 unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16. Non-Appropriation of Funds. In the event that the insufficient funds are
appropriated by the City Council to satisfy any obligation of the CITY hereunder, CITY shall
notify Licensee in writing and this Agreement shall terminate on the last day for which funds have
been appropriated,without penalty or expense to CITY.
17. Sole Agxrmmt. 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.
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EXECUTED this day of > 1998.
CITY OF FORT WORTH KELLER I.S.D.
1000 Throclanorton Street 328 Lorine Street
Fort Worth,Texas 76102 Keller, xas 76248
By. By:
Libby Wats n resident Board of Trustees
Assistant City'Manager
ATTEST: ATTEST:
By: _ By:
Alice Chm ch Secretary,Board of Trustees
City Secretary
CITY COUNCIL AUTHORIZATION:
Date: a l 7
APPRO D AS TO FORM AND LEGALITY:
Assistant City Attorney
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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 he executed the same as the act of the said
City of Fort Worth for the ptuposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of
(VL"-" �� --, 1998.
�p{""'°'�' ROS LLA BARNES Notary Public in and for the State of Texas
� y NOTARY PUBLIC
State of Texas
N®+�' Comm. Exp,03-91-2001
STATE OF TEXAS §
COUNT' OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared 4��cHaQ����� y ® , known to me to be the
person whose name'is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same was the act of the Keller Independent School District and that he executed the
same as the act of said Keller 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 day of
g , 1998.
SANDRA B. GRAHAM
NOTARY PUBLIC Notary Public in and for the State of Texas
o STATE OF TEXAS
4
My Comm.Exp.02-05-00
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CUy of Fort Worth, Texas
4Vagor and �ou"c14 jZonvmurrication
DATE REFERENCE NUMBER LOG NAME PAGE
2/17/98 C-16621 80KELLER 1 of 2
SUBJECT INTERLOCAL AGREEMENT WITH KELLER INDEPENDENT SCHOOL DISTRICT FOR
SUMMERFIELDS NORTHWEST PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an interlocal
agreement with the Keller Independent School District to grant a license under the Texas Interlocal
Cooperation Act, for $1.00 per year, to use the Summerfields Northwest Park for the purpose of making
improvements to benefit school activities and the general public.
DISCUSSION:
The Keller Independent School District (KISD) has requested the use of the 4.99 acre Summerfields
Northwest Park, at 3800 Huckleberry Drive, for the purpose of making improvements to benefit school
activities and the general public (see attached map). The park is dedicated parkland held in reserve
pending development funding.
Staff proposes to grant the KISD a license to use the park under the Texas Interlocal Cooperation Act
for $1.00 per year. The terms of the agreement would continue for as long as the licensed premises
are used for recreational purposes in accordance with the agreement and the adjacent premises are
used as a school. The park will be used as a neighborhood park, with possible improvements including
a play area, tennis court(s), sports fields, walking trail/track and landscaping. The KISD will perform all
work and furnish all materials necessary to complete the improvements at their cost. The
improvements will be in accordance with the KISD specifications, subject to the review and approval of
the City. The City will assist in the development of the park by contributing $30,000.00 for Phase I
Development from 1986 Developing Areas Bond Funds.
The maintenance and repair of the park will be divided between the City and the KISD. The City will
maintain and repair the playground equipment according to its standards and applicable state law. The
KISD will maintain the other improvements, and perform lawn and landscape maintenance in
accordance with the KISD's normal and customary standards of school campus maintenance and to the
reasonable satisfaction of the City.
The park and its improvements will be made available for use by the general public at all times, except A
when being used by the KISD during regular school hours, or when reserved by the KISD. Title to the
improvements will remain with the KISD during the term of the agreement.
The KISD has submitted detailed drawings and plans for the improvements and must obtain written
approval from the Parks and Community Services Director before any improvements can be made.
During their meeting on December 16, 1997, the Parks and Community Services Advisory Board
endorsed the interlocal agreement with the Keller Independent School District.
This project is located in COUNCIL DISTRICT 4.
City of Fort Worth, Texas
"agor And Council Communication
DATE REFERENCE NUMBER LOG NAME ---FPAGE
2/17/98 C-16621 80KELLER 2 of 2
SUBJECT INTERLOCAL AGREEMENT WITH KELLER INDEPENDENT SCHOOL DISTRICT FOR
SUMMERFIELDS NORTHWEST PARK
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current capital budgets, as
appropriated, in the Parks and Recreation Improvement Funds. The Parks and Community Services
Department is responsible for the collection and deposit of the annual lease payments.
LW:a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
0005 541200 080050410950 $30,000.00 APPROVED
Libby Watson 6183 CITY COC ,�a `#
Originating Department Head:
FEB 17 1998
Richard Zavala 5700 (from)
0001 481306 0801000 $1.00
Additional Information Contact: GC05 541200 080050500120 $30,000.00 0itysommosfiofso
GitT of Fart�P ,S�s"'''.
Richard Zavala 5700