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HomeMy WebLinkAboutContract 40299 CITY SECRETARY CONTRACT NO, 713A INTERLOCAL AGREEMENT WITH FORT WORTH INDEPENDENT SCHOOL DISTRICT THIS INTERLOCAL AGREEMENT (hereinafter referred to as the Agreement) is made and entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as the "CITY") acting by and through its duly authorized Assistant City Manager and the FORT WORTH INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted Independent School District located within Tarrant County, Texas, (hereinafter referred to as the "FWISD") acting by and through its duly authorized Superintendent. RECITALS WHEREAS, the City is the owner of certain real property located at 7505 Trail Lake Drive consisting of 16.77 acres of dedicated parkland known as Kingswood Park (the Park) which abuts certain real property owned by FWISD; and WHEREAS, FWISD has requested an Interlocal Agreement with the City for the development and use of a portion of the Park by FWISD for the planned elementary school; and WHEREAS, the City and FWISD agree that an Interlocal Agreement for this Park is beneficial to the neighborhood, the school, and the public; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. PREMISES 1.01 For and in consideration of the terms of this Agreement and the agreements of the parties expressed herein, City does hereby grant to FWISD permission to develop, improve, use, and maintain a portion the City-owned property. City-owned property is described as follows: All of Tract 5M of the Isabel Flores Survey, A 507, which is approximately 16.77 acres known as Kingswood Park particularly illustrated by Exhibit "A" that is attached hereto and made a part hereo£ The property described shall be referred to herein as the "Park." The portion to be shared with FWISD is illustrated in Exhibit "B" and shall be referred to herein as the "Premises". 2. TERM OF AGREEMENT OFFICIAL RECORD 1 06-09-10 A10:07 I6 a ySEGRETAFY �::`y_ 1-PMRTH,TX 2.01 This Agreement shall be for an initial term often (10) years, commencing on the *' ay, of q p-I L- 2009, and terminating on the 1(�*('I day of SNL_ 2019, unless terminated earlier pursuant to the termination provisions expressed herein. . 2.02 The primary term may be renewed by mutual agreement between the City and the FWISD for two (2) successive five-year terms, under the same conditions and terms of this Agreement. FWISD must advise the City in writing of its intent to renew the lease no later than sixty (60) days prior to the termination date of the initial ten-year period, and prior to the termination dates of each of the two successive, 5-year renewal periods. 2.03 The terms of this Agreement shall continue to govern and control the relationship of the parties during any renewal period unless amended in writing and signed by the parties. 3. TERMINATION 3.01 FWISD may terminate this Agreement by giving the City thirty(30) days written notice of its intent to the City. 3.02 In the event it becomes necessary for the City to utilize the Premises for any municipal purpose, City, at its sole discretion and for any cause, may terminate this Agreement by giving FWISD written notice of termination thirty days (30) days prior to the intended termination date. 3.03 If FWISD fails to comply with any term, provision, or covenant of this Agreement, then this Agreement may be terminated by City under the provision of this section. Termination of this Agreement will occur only if FWISD does not correct the default within thirty (30) days after receipt of written notice from the City to FWISD or within an additional reasonable period if FWISD is proceeding with diligence to cure the default. 4. USE OF PREMISES 4.01 The Premises shall be used for a play and athletic area for students attending Southwest Elementary School and as a part of the Park. 4.02 FWISD shall have use of the Premises during normal school hours. The Premises shall be open to the public without restrictions by FWISD. 4.03 FWISD shall not fence the Premises or the Park. FWISD will fence the school property adjacent to the Park. 4.04 FWISD may use the Premises during hours other than normal school hours. However, FWISD shall make a reservation for the use of the Premises and all or part of the Park through the City's Parks and Community Services Department. FWISD shall not be required to pay any 2. fees for the use of the Premises or the Park with a proper reservation. 4.05 FWISD covenants and agrees that it will not make or suffer any waste, unlawful, improper or offensive use of the Premises, the Park, or any part thereof. 4.06 Under no circumstances during any term of this Agreement will FWISD use or cause to be used in the operations on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises except agricultural products handled and disposed of in accordance with any applicable federal or state laws and regulations or any City ordinances, rules, or regulations. 4.07 FWISD accepts the Premises in their present condition, finds them suitable for the purposes intended, finds them suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representation by the City as to the condition of the Premises or their suitability for the purposes intended. FWISD accepts the Premises subject to all previous easements, if any, that may have been granted on, along, over, under, or across the Premises and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to all invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. 4.08 FWISD will pay or cause to be paid all charges for water, heat, gas, electricity, sewers, and all other utilities, including any connection fees, used on the Premises throughout the term and any extension of this Agreement. 4.09 FWISD shall permit the City, its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether FWISD is complying with this Agreement; maintaining, repairing, or altering the Premises; or any other reasonable purpose. During any inspection, the City may perform any obligations the City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal, state, or local laws, rules, or regulations. 4.10 FWISD shall permit the City's Fire Marshall or his/her authorized agents to inspect the Premises and FWISD and the City will comply with all requirements that are necessary to bring the Premises into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding fire safety, as such provisions exist or may hereafter be amended. 5. IMPROVEMENTS 5.01 FWISD may construct, at its own cost and expense, any recreation facilities and improvements (hereinafter referred to as "Improvements") necessary for such recreational activities as FWISD may hereafter deem necessary and the City hereby grants its consent for the construction of same. It is understood and agreed that the nature and extent of the Improvements constructed by FWISD on the Premises shall be within the discretion of the City. 3. 5.02 For any Improvements to be constructed or placed on the Premises, FWISD agrees to submit such construction plans, specifications, and drawings to the City's Parks and Community Services Department for approval not less than sixty (60) days prior to beginning construction or placement of improvements on the Premises. All Improvements shall meet or exceed the current City standards. Construction of any improvements, additions, or alterations without the mutual approval of the plans as required herein shall be deemed an event of default under the terms of this Agreement. 5.03 City will promptly review and approve all plans or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections shall be made, and the plans resubmitted promptly to the City. Minor changes in work or material not affecting the general character of the project may be made at any time without the City's approval, but a copy of the altered plans and specifications shall be furnished to the City. 5.04 Approval by the City shall not constitute or be deemed a release of the responsibility and liability of FWISD, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the design or for any defect in any of the design, working drawings, and specifications. 5.05 City shall have exclusive right, title, and interest in all Improvements on, or to be constructed in the future, on the Premises. City shall have the right to repair and/or remove any and all Improvements on the Premises pursuant to the terms of this Agreement. At the end of the term of this Agreement, City shall have the right to enter the Premises and remove any and all Improvements constructed by FWISD pursuant to the terms of this Agreement. 5.06 The Premises shall be kept free of mechanic's and materialman's liens at all time. FWISD shall require any contractors to indemnify the City against any and all mechanic's and materialman's liens or any other type of claims or liens imposed upon the Premises arising as a result of its conduct or inactivity, as well as any claim for personal injury or property damage claim that may arise during construction. 5.07 City will not be responsible for the cost of obtaining any necessary permits, license, and taxes incurred or required in connection with this Agreement or any agreement between FWISD and their contractors. 6. MAINTENANCE AND REPAIR 6.01 FWISD shall keep and maintain, or cause to be kept and maintained, all Improvements in a good state of appearance and repair (except for reasonable wear and tear) at FWISD's own expense. All maintenance, repair, and upkeep of the Improvements shall be in accordance with all applicable federal, state, and local laws, rules, and regulations. 6.02 FWISD shall do all work and make all repairs necessary or advisable to keep the 4. Premises from deteriorating in value or condition and to restore and maintain the Improvements thereon. 6.03 City shall have the right and privilege, through its agents and representatives, to make inspections of the Premises and thereafter to make recommendations to FWISD of any repairs that, in the City's opinion, are necessary to be performed by FWISD. Unless specifically agreed to in writing by the City, FWISD covenants and agrees that it will commence repairs within sixty (60) days from the date such recommendations are made. Such repairs will be made in an expeditious and workmanlike manner. 6.04 In the event that FWISD fails to undertake such recommended repairs within the time provided, it is understood and agreed that the City may, within its discretion, undertake to make such repairs as it may deem necessary for and on behalf of FWISD, and in such event, the cost of such repairs shall be an obligation on FWISD to pay same upon demand by the City following the completion of such repairs. 6.05 City shall keep all growth of weeds and other objectionable vegetation within the Park consistent with the City maintenance standards for similar areas, including mowing, removing trash, and debris collection at its sole cost and expense. 6.06 FWISD agrees that the City shall not under any circumstances be responsible for any property belonging to FWISD, its officers, agents, servants, employees, contractors, subcontractors, invitees, or licensees which may be stolen, destroyed, or in any way damaged and FWISD hereby releases the City from any responsibility therefore. 7. INSURANCE 7.01 Prior to the time FWISD is entitle to any right of access to or use of the Premises, FWISD shall provide a certificate of self-insurance or procure and pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to the City. Executed statement of self-insurance or certificates of insurance and/or certified copies of policies as determined acceptable by the City shall be delivered to the City at the execution of this Agreement. 7.02 IF FWISD IS NOT SELF-INSURED, FWISD shall, prior to the execution of this Agreement, procure, pay for, and maintain the following insurance written by companies approved by the State of Texas and acceptable to the City. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies as determined by City. FWISD covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance, including Personal Injury Liability, Independent Contractor's Liability, and Contractual Liability covering, but not limited to, the liability assumed under the indemnification provisions of this Agreement, with limits of liability for Bodily Injury (including death) and Property Damage of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. Coverage shall be written on an Occurrence basis and the policy shall include 5. Broad Form Property Damage Coverage. The insurance policy shall include the following: 1) An initial term of not less than one(1) year. 2) The policy or policies shall require that thirty(30) days prior to cancellation or any material changed in coverage, a notice shall be given to City by certified mail; 3) Insurers shall have no right of recovery or subrogation against the City of Fort Worth, it being the intention that the insurance policy shall protect all parties to the agreement and be primary coverage for all losses covered by the policies; 4) A Company issuing any required insurance policy shall have no recourse against the City of Fort Worth for payment of any premiums or assessments for any deductibles which all are at the sole risk of Licensee; 5) The terms "Owner", "City", or "City of Fort Worth" shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual members, employees, and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth; and 6) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's self-insured retention of whatever nature. 7.03 FWISD agrees to require its contractors to furnish the City, or FWISD shall furnish to the City on behalf of the Contract, a certificate of insurance, acceptable to the City, as proof that they secured and paid for a policy of public liability insurance covering all public risks related to the proposed construction on the Premises. To the extent permitted by law, FWISD hereby waives subrogation rights for loss or damage against the City, its officers, agents, and employees for personal injury (including death), property damage or any other loss relating to construction or any other acting related to this Agreement. 7.04 FWISD shall not do or permit to be done anything in or upon any portion of the Premises, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Premises or any part thereof or in any way increases the rate of fire insurance upon the Premises or on property kept therein. 7.05 The City may terminate this Agreement upon failure of FWISD to provide acceptable documentation of insurance as required by this Agreement. 6. 8. NOTICE OF CLAIMS, WAIVER OF IMMUNITY 8.01 The City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the FWISD. 8.02 FWISD shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City, FWISD shall have the exclusive control of and the exclusive right to control the work designated to FWISD to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, members, agents, and employees. 8.03 Neither the City nor FWISD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, employees, or officers of the other. 8.04 FWISD 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 Premises. FWISD 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. 8.05 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by FWISD or the City as to any claim of any third party, however the City does waive immunity to any claim of FWISD seeking enforcement of this agreement pursuant to law. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 8.06 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. 8.07 If FWISD, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, FWISD, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against the City. 9. NOTICES 9.01 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed received when deposited in the United States mail so addressed with postage prepaid: 7. CITY: FWISD: Director, Parks and Community Superintendent Services Department Fort Worth Independent School District City of Fort Worth 100 North University Drive, Suite 150 4200 S. Freeway, Suite 2200 Fort Worth, Texas 76107 Fort Worth, Texas 76115 With copy to: Assistant City Attorney City of Fort Worth 1000 Throckmorton Fort Worth TX 76102 10. NON-DISCRIMINATION 10.01 FWISD in its construction, maintenance, occupancy, or use of the Premises shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability. 11. SUCCESSORS AND ASSIGNS 11.01 FWISD shall not assign or sublease it privileges, rights, or duties hereunder without written permission of the City. If assigned per the written consent of the City, FWISD agrees to ensure that any assignee will comply with all terms, provision, covenants, and conditions of this Agreement. Assignment or subletting of this Agreement shall not relieve FWISD from any of its obligations under this Agreement. 12. PARTIES BOUND 12.01 This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. 13. APPLICABLE LAW 13.01 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 and venue shall be in Fort Worth, Tarrant County, Texas or the Federal court of the Northern District of Texas. 8. 14. SEVERABILITY OF PROVISIONS 14.01 If any of the Provisions contained in this Agreement shall be held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 15. SOLE AGREEMENT 15.01 This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties hereto EXECUTED in duplicate originals this the day of , 2(D9:ID CITY OF FORT WORTH FORT WORTH INDEPENDENT SCHOOL DISTRICT arles W. Daniels, Dr. Mel d ohn Assistant City Manager Supe i endent ATTEST: ATTEST: City Secretary ��Ln"S0;N,� ;,,rOetary, Board of Trustees APPRO D AS TO FORM p o %� �o .PPROVED AS TO FORM AN LITY: ND LEGALITY: 1 ¢ a-o o d °gi �oe�Q' By: A �CL�.4' By: Denis cElroy, FWISD Atto ey Assistant City Att rney /61C- Z315-qlad 9. i''.` LEGAL,DESCRIPTION i 16.77 ACRE PARK T ! r 1 I Being 16.77,.-acres of land situated in the W. W. OWhedt Survey, Abstract Number.1646, and the I. Flores Survey, Abstract Number 507, and being a portion of that;'certairi tract of land conveyed to Kaufman & Broad by deed recorded in Volume 13616, Page 276; TCDR,"said 1'6.71"acres being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron pin set at the northwesterly comer of*Said Kauffman Broad tract, said pin also being on the easterly right of way line of Trail Lake Drive(60'row); THENCE South 26 degrees 59 minutes 42 seconds East,alongaaid`right of way line, 704:59 feet to a 1/2" iron pin found for the beginning of a curve to the right-with'a radius of 861.90 feet, whose long chord bears South 21 degrees 30 minutes 08-seconds East, . 165.00 feet; THENCE along said curve and said right of way in a southerly direction through a central angle of 10 degrees 59 minutes 07 seconds a distance of 165.25.feet to the POINT OF BEGINNING of ? the herein described tract; THENCE North 61 degrees 14 minutes 29 seconds East, 1494,68 feet to a 1/2"gon,pin found on the west right of way line of South Hulen Street(120' row); THENCE'South 44 degrees l0 minutes 30 seconds East, along said right of way line, 139.24,feet to a 1/2"iron pin set; THENCE South 65 degrees 40 minutes 47 seconds West, 694.84 feet to a 1/2"iron pin set; THENCE South 31 degrees 41 minutes 29 seconds West, 70.00 feet to a 1/2"iron pin set; THENCE South 34 degrees 16 minutes 11 seconds East, 718.57 feet to a 1/2"iron pin set; THENCE North 87 degrees 23 minutes 45 seconds East, 60.22 feet to a 1/2"iron pin set at the beginning of a non-tangent curve to the left with a radius of 230.00 feet, whose long chord bears South 03 degrees 40 minutes 25, seconds West, 50.30 feet; THENCE along said curve in a southerly direction through a central angle of 12 degrees 33 minutes 21 seconds a distance of 50.30 feet to a 1/2"iron pin set; Legal-1 ATTACHMENT A 16.77 acre Legal Description THENCE South 87 degrees 23 minutes 45 seconds West, 23.88 feet to a 1/2"iron pin set; THENCE South 53 degrees 35 minutes 43 second West, 579.95 feet to a 1/2"iron pin set; THENCE South 33 degrees 51 minutes 38 seconds East, 112.07 feet to a 1/2"iron pin set; I THENCE South 55 degrees 01 minutes 17 seconds West, 50.01 feet to a 1/2"iron pin set; THENCE North 33 degrees 51 minutes 38 seconds West, 786.84 feet to a 1/2"iron pin set; THENCE South 65 degrees 40 minutes 47 seconds West,285.79 feet to a 1/2"iron pin set on the east right of way line of said Trail Lake Drive and the beginning of a curve to the left whose radius is 861.90 feet, and whose long chord bears North 05 degrees 54 minutes 38 seconds West, 300.68 feet; E THENCE along said curve and said right of way line in a northerly direction,through a central angle of 20 degrees 05 minutes 28 seconds for an are length of 152.68 feet to the POINT OF BEGINNING and containing 16.77 acres of land. f i cks/acad/8246003/legal-park i Legal-2 E n o Qa Ell i AO � p U N W�U Z 5L-1 �'g9��`�y5•� �,IaL S � m� mp0, z T �•n - Y \ x . a K >tl b j a _ O s o C rn b N s tl moi\ �s. n •a 04' R' 7 m 6b S c > C.,o L ppb?9• b 1.6°may °cr4S,S (A> Y r �y g,L r �1.� '� / • + a a v fp 9 ` O) > O NOV rn f tp'nmY1u0 in J` NNN.�a NO O. W P G� CG -o o� E v •�'' AF. i4 �^ z r f m m D � � v fTl � D D J X m CpCm D CU D X = m� r rTl rn z m:G z U) r.� y D rz cn o C: \ACRD\8246003-CANDLE\PARK.dwg Sat Jul 2.4 08: 35: 39 1999• Q W � m W 0 z W rr W U Q > a, f` j x �rH' � �r kS �i!� Al 11'� Y' F'°.. .h-"� rT-,• x 7 zN M £ � LEr. w LU at W y ` •"®'*�?� �ys.5 P t.7.^� .,y.� T +r` j � �i 417 F— A of f F Lij I4 A 6 t1�j RU a s :u Cai i y LL.R x R 22 "3 u N4&C Review Page 1 of 2 Ofh(iai ,ite of tho City o! rim Worth, Texas CITY COUNCIL AGENDA FORT W()RT11 COUNCIL ACTION: Approved on 10/28/2008 DATE: 10/28/2008 REFERENCE NO.:C-23154 LOG NAME: 80KINGSWOOD08 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of an Interlocal Agreement with Fort Worth Independent School District for the Development and Use of Kingswood Park RECOMMENDATION: It is recommended that the City Council authorize the City Manger to execute an Interlocal Agreement with Fort Worth Independent School District for the development and use of Kingswood Park in conjunction with Southwest Elementary School. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the City Manager to enter into an agreement with Fort Worth Independent School District (FWISD) for the development and use of Kingswood Park. The City and FWISD have a long history of mutual use of City and school resources. The City owns 16.77 acres located at 7505 Trail Lake Drive known as Kingswood Park. The site for Southwest Elementary School is adjacent to Kingswood Park located at the intersection of Trail Lake Drive and Sycamore School Road. In August 2008, FWISD staff contacted Parks and Community Services Department (PACSD) proposing a lease with the City for the development of Kingswood Park with a single playing field for Southwest Elementary School's use and options for further development. The premises will be used jointly as a public school recreation area and as a neighborhood park site. PACSD approves of the proposal. The major terms of the agreement will establish guidelines for joint use of the park improvements an, access by the community. Provisions of the agreement will also include a ten-year primary term with two five-year renewal options, $1.00 per year payment, and standard insurance and indemnification coverage. Attached is a conceptual drawing of the Master Plan for Southwest Elementary School and propose( park improvements. On August 27, 2008, the Parks and Community Services Advisory Board endorsed the staffs recommendation that the City enter into an interlocal agreement with the FWISD for the joint use an( development of Kingswood Park. http://apps.cfwnet.org/council packet/mc review.asp?ID=10499&councildate=l0/28/2008 5/14/2010 M&C Review Page 2 of 2 Kingswood Park is located in COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Charles Daniels (6183) Originating-Department Head: Richard Zavala (5704) Additional Information Contact: Sandra Youngblood (5755) ATTACHMENTS Kingswood_park.pub http://apps.cfwnet.org/council_packet/mc_review.asp?ID=10499&councildate=10/28/2008 5/14/2010