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
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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 !
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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.
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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