Res 091-2007 6/5/2007 e �
RESOLUTION NO. � ~ �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE WICHITA
FALLS INDEPENDENT SCHOOL DISTRICT REGARDING PROPERTY
SALES, PROPERTY ACQUISITIONS, AND JOINT USE GYMNASIUMS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Texas Government Code Section 332.021 authorizes any two
political subdivisions, including municipalities and independent school districts, to jointly
by agreement establish, provide, maintain, construct, and operate playgrounds,
recreation centers, athletic fields, swimming pools, and other park or recreational
facilities located on property owned or acquired by either political subdivision; and
WHEREAS, WFISD desires to acquire from the City 8.847 acres of land, as
further described on Exhibit "A", for the construction of a new elementary school located
at Scotland Park; and
WHEREAS, WFISD desires to acquire from the City 10.42 acres of land, as
further described on Exhibit "B", for the construction of a new elementary school located
at Southern Hills Park; and
WHEREAS, the City desires to acquire from WFISD 1.122 acres of land,
currently situated on the Huey Montessori site, as further described on Exhibit "C",
currently situated on the Huey Montessori site, for the future expansion of Scotland
Park; and
WHEREAS, WFISD plans to build new gymnasiums at Jefferson Elementary
and at the new elementary school at Scotland Park, and City desires to pay for the
incremental cost in constructing adult sized gymnasiums at those schools ("the
designated gyms"), to share in the cost of maintaining the designated gyms for a 75-
year term, and to jointly share in the use of the designated gyms; and
WHEREAS, both parties acknowledge that each tract of land as described in
Exhibits "A," "B," and "C" has been appraised; the costs of maintaining the designated
gyms for a 75-year term has been calculated; the value of the shared use of the
designated gyms has been determined; and agree that the payments and services
provided in this Agreement represent approximately equal value and benefit for each
entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute an Interlocal
Cooperative Agreement with the Wichita Falls Independent School District, a copy of
which, is attached hereto and made a part of this resolution.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 5th day of June, 2007.
�
MAYO R
ATTEST:
.
�
Clerk
i f
COUNTY OF WICHITA §
STATE OF TEXAS §
INTERLOCAL COOPERATION AGREEMENT BETWEEN WICHITA FALLS
INDEPENDENT SCHOOL DISTRICT AND THE CITY OF WICHITA FALLS
This INTERLOCAL COOPERATION AGREEMENT("Agreement")is executed as of
this the 5th day of June ,2007,by and between the Wichita Falls Independent
School District("WFISD"),and the City of Wichita Falls("City"),acting by and through their duly
authorized representatives.
WHEREAS, Texas Government Code Section 332.021 authorizes any two political
subdivisions, including municipalities and independent school districts, to jointly by agreement
establish,provide,maintain,construct, and operate playgrounds,recreation centers, athletic fields,
swimming pools, and other park or recreational facilities located on property owned or acquired by
either political subdivision; and
WHEREAS, WFISD desires to acquire from the City 8.847 acres of land, as further
described on Exhibit"A",for the construction of a new elementary school located at Scotland Park;
and
WHEREAS, WFISD desires to acquire from the City 10.42 acres of land, as further
described on Exhibit`B",for the construction of a new elementary school located at Southern Hills
Park; and
WHEREAS,the City desires to acquire from WFISD 1.122 acres of land,currently situated
on the Huey Montessori site, as further described on Exhibit "C", currently situated on the Huey
Montessori site, for the future expansion of Scotland Park; and
WHEREAS,WFISD plans to build new gymnasiums at Jefferson Elementary and at the new
elementary school at Scotland Park, and City desires to pay for the incremental cost in constructing
adult sized gymnasiums at those schools("the designated gyms"),to share in the cost of maintaining
the designated gyms for a 75-year term, and to jointly share in the use of the designated gyms; and
WHEREAS,both parties acknowledge that each tract of land as described in Exhibits"A,"
"B," and"C"has been appraised; the costs of maintaining the designated gyms for a 75-year term
has been calculated; the value of the shared use of the designated gyms has been determined; and
agree that the payments and services provided in this Agreement represent approximately equal value
and benefit for each entity.
NOW,THEREFORE,for an in consideration of the covenants,conditions and undertakings
hereinafter described, the parties contract, covenant and agree as follows:
ARTICLE 1.
LAND
For valuable consideration received, the City will execute and deliver to WFISD no later
than June 5,2007, a Contract for Sale for an 8.847-acre tract,described in Exhibit"A"("Tract A")
and a 10.42 acre tract of land described in Exhibit`B" ("Tract B").
For valuable consideration received,the WFISD will execute and deliver to the City not later
than June 5, 2007,2007 a Contract for Sale for a 1.122-acre tract of land, described in Exhibit"C"
("Tract C"). The Contract for Sale shall require that the closing is conditioned on removal of the
Huey Montessori building(s) on the land described in Exhibit"C"before December 31, 2009.
ARTICLE 2.
CONSIDERATION
In consideration for the conveyance of Tract A by City, WFISD agrees to:
(a) Convey Tract C to the City, and
(b) Pay 100%of the minor maintenance costs for the gymnasiums constructed at
Scotland Park and Jefferson Elementary incurred during the 75-year term of
the Joint Use Agreement.
In consideration for the conveyance of Tract B by City, WFISD agrees to pay City One
Hundred Thirty Five Thousand Six Hundred Eighty Two and No/100($135,682.00)Dollars in July
2007,and One Hundred Thirty Five Thousand Six Hundred Eighty Two and No/100($135,682.00)
in July 2008.
ARTICLE 3.
MAJOR MAINTENANCE AND INCREMENTAL CONSTRUCTION COSTS
City acknowledges that the following major maintenance items may be needed from time to
time during the 75-year term at the designated gyms: HVAC replacement, wood floor
replacement/sanding/refinishing,and roof coatings and replacements.It is specifically acknowledged
that payment of$1,500 will be required from the City in 2009 for floor refinishing,with additional
payments for completed work required on an annual basis that are adjusted for inflation (not to
exceed 3%per year). The City agrees that when WFISD determines it is necessary to spend funds
associated with all other major maintenance items,it shall reimburse WFISD for 50%of such costs,
provided that WFISD shall provide to the City appropriate invoices of services provided.
Unless this Agreement is terminated pursuant to Article 5,City agrees to reimburse WFISD
for the incremental cost difference between the bid prices for the designated gyms and the bid prices
for the smaller gyms. The City agrees to pay 50%of the incremental costs within 30 days after the
2
commencement of construction and the remaining 50% within 30 days after completion of
construction after receiving appropriate documentation from WFISD on the incremental costs
associated with the gyms.
ARTICLE 4.
JOINT USE AGREEMENT
WFISD and City each agree that as part of the consideration provided under the terms of this
agreement, to execute the Joint Use Agreement attached hereto and incorporated herein for all
purposes as Exhibit"D."
ARTICLE 5.
TERMINATION
In the event the bids for the designated gyms exceed an amount acceptable to the City,City
may provide WFISD written notice no later than 10 business days after receipt of the bids that the
City no longer desires to build the designated gyms, and it is agreed by both parties that this
Agreement shall terminate without penalty; provided, however, that the City will convey the land
described in Exhibit"A"for an agreed value of$149,912,the City will convey the land described in
Exhibit"B"for an agreed value of$271,364,and WFISD will convey the land described in Exhibit
"C" for an agreed value of$32,747,payable as set forth in Article 2.
IN WITNESS WHEREOF,the parties have executed and attested this Agreement by their
officers thereunto duly authorized as of the date first written above.
WICHITA FALLS INDEPENDENT TH OF WICHITA LS
SCHOOL DISTRICT
By: By: I Q' A O,(
Name: Larry Scott Name: Darron Leiker
Title: Board President Title: City Manager
ATTEST:
Lydia una, City Clerk
3
APPROVED AS TO FORM: APPROVED AS TO FORM:
am/yA 711a6Q)2
Angela Michael Bill Sullivan
Director of Legal Services City Attorney
Wichita Falls Independent School District City of Wichita Falls, Texas
4
EXHIBIT "A"
8.044 ACRES-A TRACT OF LAND IN WICHITA COUNTY,TEXAS, BEING PART OF BLOCKS 27,28,29,30 AND 35,
AND INCLUDING PORTIONS OF 20 FOOT WIDE ALLEYS AND STREET RIGHTS OF WAY ALL AS DEDICATED ON
THAT PLAT OF SCOTLAND ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN
VOLUME 1, PAGES 56 & 57. WICHITA COUNTY PLAT RECORDS ("W.C.P.R."), SAID TRACT BEING MORE
SPECIFICALLY DESCRIBED BUY THE METES AND BOUNDS AS FOLLOWS;
BEGINNING AT POINT FOR THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NORTH 4TH STREET
AND THE WEST RIGHT-OF-WAY LINE OF STRATFORD AVENUE FOR THE MOST NORTHERLY NORTHEAST
CORNER OF THIS DESCRIPTION, SAID POINT ALSO BEING SOUTHEAST CORNER OF LOT 24, BLOCK 27 OF
SAID SCOTLAND ADDITION;
THENCE ALONG WITH WEST RIGHT-OF-WAY LINE OF STRATFORD AVENUE, SOUTH 00"41'16"WEST 350.36
FEET TO A'/2 INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION,SAID ROD ALSO BEING
THE POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF STRATFORD AVENUE AND THE NORTH
RIGHT-OF-WAY LINE OF NORTH 3RD STREET;
THENCE IN A SOUTHWESTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 425.00
FEET, AN ARC DISTANCE OF 100.88 FEET TO A'/2 INCH IRON ROD AT THE END OF THE CURVE, THE LONG
CHORD OF SAID CURVE BEARS SOUTH 82"10'08"WEST 100.64 FEET;
THENCE SOUTH 75"22'08"WEST 190.13 FEET TO A'/2 INCH IRON ROD FOR THE SOUTHWEST CORNER OF THIS
DESCRIPTION;
THENCE IN NORTHWESTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 150.00
FEET, AN ARC DISTANCE OF 34.46 FEET TO A '/2 INCH IRON ROD AT THE END OF THE CURVE, THE LONG
CHORD OF SAID CURVE BEARS NORTH 29"35'35"WEST OF 39.34 FEET;
THENCE NORTH 37"07'45"WEST 36.17 FEET TO A'/2 INCH IRON ROD FOR A POINT OF CURVATURE;
THENCE IN A NORTHWESTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 512.00
FEET, AN ARC DISTANCE OF 227.29 FEET TO A'/2 INCH IRON ROD AT THE END OF THE CURVE, THE LONG
CHORD OF SAID CURVE BEARS NORTH 49"50'48"WEST 225.43 FEET;
THENCE NORTH 62"33'51" WEST 194.44 FEET TO A 1/2 INCH IRON ROD FOR AN ANGLE POINT OF THIS
DESCRIPTION.
THENCE IN A NORTHWESTERLY DIRECTION AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 83.00
FEET, AN ARC DISTANCE OF 120.24 FEET TO A'/2 INCH IRON ROD AT THE END OF THE CURVE, THE LONG
CHORD OF SAID CURVE BEARS NORTH 21"03'48"WEST 110.00 FEET;
THENCE NORTH 20"26'15" EAST 219.47 FEET TO A'/2 INCH IRON ROD FOR A POINT OF CURVATURE;
THENCE IN A NORTHWESTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 647.00
FEET,AN ARC DISTANCE OF 117.34 FEET TO A'/2 INCH IRON ROD FOR THE NORTHWEST CORNER OF THIS
DESCRIPTION,THE LONG CHORD OF SAID CURVE BEARS NORTH 15"14'31" EAST 117.18 FEET;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OR NORTH 5TH STREET,SOUTH 89"18'44"EAST 359.75 FEET
TO A POINT FOR THE MOST NORTHERLY NORTHEAST CORNER OF THIS DESCRIPTION AND BEING THE
NORTHWEST CORNER OF LOT 5, BLOCK 27;
THENCE SOUTH 00"41'16"WEST 140.00 FEET TO A POINT IN THE NORTH LINE OF A 20 FOOT WIDE ALLEY FOR
THE SOUTHWEST CORNER OF LOT 5, SAID BLOCK 27;
THENCE ALONG THE NORTH LINE OF SAID ALLEY, SOUTH 89"18'44" EAST 250.00 FEET TO A POINT IN THE
WEST RIGHT-OF-WAY LINE OF STRATFORD AVENUE FOR THE SOUTHEAST CORNER OF LOT 1,SAID BLOCK
27.
5
THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF STRATFORD AVENUE,SOUTH 00"41'16"WEST 20.00 FEET
TO A POINT FOR THE NORTHEAST CORNER OF LOT 24, SAID BLOCK 27;
THENCE NORTH 89"18'44"WEST 100.00 FEET TO A POINT FOR THE NORTHWEST CORNER OF LOT 23, SAID
BLOCK 27;
THENCE ALONG THE WEST LINE OF SAID LOT 23, SOUTH 00"41'16"WEST 140.00 FEET TO A POINT IN THE
NORTH RIGHT-OF-WAY LINE OF NORTH 4TH STREET AND FOR THE SOUTHWEST CORNER OF LOT 23, SAID
BLOCK 27;
THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF NORTH 4TH STREET,SOUTH 89"18'44"EAST 100.00 FEET
TO THE PLACE OF BEGINNING AND CONTAINING 8.044 ACRES, MORE OR LESS.
.803 ACRES-LOTS 13 THROUGH 17, BLOCK 22 SCOTLAND ADDITION
6
•
EXHIBIT "B"
A TRACT OF LAND IN WICHITA COUNTY, TEXAS, BEING PART OF TRACT A, BLOCK 4, DITTOE HEIGHTS
ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 7, PAGE 62, WICHITA
COUNTY PLAT RECORDS("W.C.P.R."),AND PART OF A 3.28 ACRE TRACT OF LAND OUT OF BLOCK 4, KEMP&
NEWBY SUBDIVISION OF THE CHEROKEE COUNTY SCHOOL LANDS,SAID TRACT BEING MORE SPECIFICALLY
DESCRIBED BY THE METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A'/2 INCH IRON ROD FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION AND BEING THE
NORTHEAST CORNER OF SECTION 1,TWIN OAKS-TWO,AS RECORDED IN VOLUME 26,PAGES 204 AND 205,
W.C.P.R.;
THENCE ALONG THE NORTH LINE OF SAID SECTION 1,TWIN OAKS-TWO,NORTH 89"45'35"WEST 668.98 FEET
TO A'V2 INCH IRON ROD FOR THE SOUTHWEST CORNER OF THIS DESCRIPTION, SAID ROD BEARS NORTH
00"07'01" EAST 22.59 FEET FROM A'/2 INCH IRON ROD FOR THE SOUTHEAST CORNER OF LOT 8, BLOCK 17,
SOUTHERN HILLS SECTION, DITTOE HEIGHTS ADDITION, AN ADDITION TO THE CITY OF WICHITA FALLS AS
RECORDED IN VOLUME 7, PAGE 119,W.C.P.R.;
THENCE NORTH 00"07'01" EAST 82.18 FEET TO A '/2 INCH IRON ROD FOR AN ANGLE POINT OF THIS
DESCRIPTION,SAID ROD ALSO BEING THE MOST EASTERLY NORTHEAST CORNER OF LOT 9,BLOCK 17,AND
THE MOST SOUTHERLY CORNER OF LOT 11,BLOCK 17 OF SAID SOUTHERN HILLS SECTION,DITTOE HEIGHTS
ADDITION;
THENCE ALONG THE SOUTHEAST LINE OF SAID LOT 11,NORTH 45"17'01"EAST 49.94 FEET TO A'/2 INCH IRON
ROD FOR AN ANGLE POINT OF THIS DESCRIPTION,SAID ROD ALSO BEING THE SOUTHEAST CORNER OF SAID
LOT 11;
THENCE ALONG THE EAST LINE OF SAID LOT 11, NORTH 00"12'50"WEST 64.26 FEET TO A'/2 INCH IRON ROD
FOR AN ANGLE POINT OF THIS DESCRIPTION;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF CHRISTINE DRIVE, NORTH 89"39'10"EAST 105.29 FEET
TO A 1/2 INCH IRON ROD FOR AN INTERIOR CORNER OF THIS DESCRIPTION;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF CHRISTINE DRIVE,NORTH 00"03'01"EAST 95.00 FEET TO A
1/2 INCH IRON ROD FOR AN INTERIOR CORNER OF THIS DESCRIPTION;
THENCE ALONG THE NORTH LINE OF CHRISTINE DRIVE,SOUTH 89"34'16"WEST 35.00 FEET TO A'/2INCH IRON
ROD FOR SOUTHEAST CORNER OF LOT 26, BLOCK 9 OF SAID SOUTHERN HILLS SECTION, DITTOE HEIGHTS
ADDITION;
THENCE ALONG THE EAST LINE OF SAID LOT 26,NORTH 00"03'01"EAST 141.02 FEET FOR A''/2INCH IRON ROD
FOR THE NORTHEAST CORNER OF SAID LOT 26;
THENCE ALONG THE NORTH LINE OF SAID LOT 26,SOUTH 89"55'01"WEST 31.80 FEET TO A''/2 INCH IRON ROD
FOR AN ANGLE POINT OF THIS DESCRIPTION,SAID ROD ALSO BEING THE SOUTHEAST CORNER OF LOT 15,
BLOCK 9, SAID DITTOE HEIGHTS ADDITION,AS RECORDED IN VOLUME 7, PAGE 62,W.C.P.R.;
THENCE ALONG THE EAST LINE OF SAID LOT 15 NORTH 00"10'54"WEST 139.56 FEET TO A'/2 INCH IRON ROD
IN THE SOUTH RIGHT-OF-WAY LINE OF HUNT STREET FOR THE MOST WESTERLY NORTHWEST CORNER OF
THIS DESCRIPTION, SAID ROD ALSO BEING THE NORTHEAST CORNER OF SAID LOT 15;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF HUNT STREET,NORTH 89"57'06"EAST 50.01 FEET TO A'/2
INCH IRON ROD FOR A POINT OF CURVATURE;
THENCE IN A NORTHEASTERLY DIRECTION AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 100.23
FEET, AN ARC DISTANCE OF 157.36 FEET TO A''/2 INCH IRON ROD AT THE END OF THE CURVE, THE LONG
CHORD OF SAID CURVE BEARS NORTH 45"29'40" EAST 141.69 FEET;
7
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF HUNT STREET NORTH 85.00 FEET TO A 3/8 INCH IRON ROD
FOR AN ANGLE POINT OF THIS DESCRIPTION,SAID ROD ALSO BEING THE SOUTHWEST CORNER OF LOT 26,
BLOCK 4, SAID DITTOE HEIGHTS ADDITION;
THENCE ALONG THE SOUTH LINE OF LOTS 26 AND 25,BLOCK 4,SAID DITTOE HEIGHTS ADDITION,EAST 150.00
FEET TO A'/A INCH IRON ROD AN INTERIOR CORNER OF THIS DESCRIPTION,SAID IRON ROD ALSO BEING THE
SOUTHEAST CORNER OF LOT 26, BLOCK 4, SAID DITTOE HEIGHTS ADDITION;
THENCE NORTH 135.43 FEET TO A'/z INCH IRON ROD IN THE SOUTH LINE OF MONTGOMERY STREET FOR THE
NORTHEAST CORNER OF LOT 25, BLOCK 4, SAID DITTOE HEIGHTS ADDITION AND THE MOST NORTHERLY
NORTHWEST CORNER OF THIS DESCRIPTION;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF MONTGOMERY STREET, NORTH 89"52'00"EAST 289.10
FEET TO A'/z INCH IRON ROD AT ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF ARMORY ROAD
FOR THE NORTHEAST CORNER OF THIS DESCRIPTION;
THENCE ALONG THE WEST RIGHT-OF-WAY OF ARMORY ROAD,SOUTH 00"20"05"EAST 880.77 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 10.42 ACRES, OF LAND, MORE OR LESS.
8
•
•
EXHIBIT "C"
Lots 1 through 7, Block 21, Scotland Addition(now part of Lot 1A)
9
EXHIBIT "D"
JOINT USE AGREEMENT
THIS JOINT USE AGREEMENT ("Use Agreement"), is made and entered into by and
between the Wichita Falls Independent School District("WFISD")and the City of Wichita Falls
("City"), effective as of the 5th day of June , 2007.
1. The term of this Use Agreement shall be seventy five(75)years(the"Term"). The
Term shall begin on the date WFISD accepts as complete the construction of the adult sized
gymnasiums at Jefferson Elementary or the new elementary school located at Scotland Park("the
designated gyms"), whichever is first, and shall expire seventy five (75) years thereafter.
2. The City is hereby given the right and privilege during the Term of using and enjoying
the designated gyms during the hours of 6:00 p.m. to 11:00 p.m. each day that school is in session
and classes are held by WFISD,and during all weekend hours and during all days in which school is
not in session (collectively,the"Scheduled Hours");provided,however,WFISD may designate up
to 10 days per school year to use the designated gyms during the Scheduled Hours. WFISD shall use
best efforts to provide the City with four months advance notice to designate any of the permitted 10
days. WFISD shall retain the exclusive right and privilege of using and scheduling the designated
gyms for student activities and school events at any time other than the Scheduled Hours.
3. During the first two(2)years of this Use Agreement all utility costs associated with
the designated gyms shall be equally shared by WFISD and City. WFISD agrees to provide utility
invoices to the City,and City agrees to reimburse WFISD for 50%of such utility costs.At the end of
the first two years, the parties shall compare the utility costs for the adult-sized gymnasium to the
utility costs for the newly-constructed smaller gymnasium(s)built by WFISD.The parties shall share
billing records, usage data and other information necessary to complete the comparison. After
completing the comparison, the parties agree to act in good faith in making any adjustments
necessary to accomplish an equitable distribution of the utility costs between the parties.
4. Each party to this Use Agreement shall provide its own custodian services during its
scheduled usage of the designated gyms.
5. Neither party shall suffer, allow or permit the designated gyms to be damaged, and
each party shall be responsible for the costs of the repair of all damage to the designated gyms
resulting from their use with reasonable wear and tear excepted.
6. WFISD shall have no liability whatsoever for the actions of,or failure to act by,any
officers, employees, invitees, agents or assigns of the City, or for or with respect to the designated
gyms, and the City covenants and agrees that:
(a) The City shall be solely responsible for and with respect to any claim or cause of
action arising out of or with respect to any act,omission or failure to act by the City
10
•
or its agents, officers, invitees, or assigns.
(b) The City shall be solely responsible for procuring and maintaining in effect any
insurance coverage it may, in its sole discretion, deem necessary or appropriate to
protect its interests.
(c) WFISD shall have no liability,duty or responsibility for or with respect to any claim
or cause of action that arises from the actions or omissions of the City, its agents,
officers, employees,and invitees, and any claim or cause of action that results from,
out of, or with respect to use of the designated gyms by the City, or its agents,
officers, employees, and invitees.
(d) The City shall indemnify and hold harmless,and shall fully defend WFISD from any
and all costs, claims, causes of action, or legal expenses of any nature that results
from,out of,or with respect to use of the designated gyms by the City,or its agents,
officers, employees, and invitees.
7. The City shall have no liability whatsoever for the actions of,or failure to act by,any
officers, employees, invitees, agents or assigns of WFISD, or for or with respect to the designated
gyms, and WFISD covenants and agrees that:
(a) WFISD shall be solely responsible for and with respect to any claim or cause of
action arising out of or with respect to any act, omission or failure to act by WFISD
or its agents, officers, invitees, or assigns.
(b) WFISD shall be solely responsible for procuring and maintaining in effect any
insurance coverage it may, in its sole discretion, deem necessary or appropriate to
protect its interests.
(c) The City shall have no liability,duty or responsibility for or with respect to any claim
or cause of action that arises from the actions or omissions of WFISD, its agents,
officers, employees,and invitees, and any claim or cause of action that results from,
out of, or with respect to use of the designated gyms by WFISD, or its agents,
officers, employees, and invitees.
(d) WFISD shall indemnify and hold harmless,and shall fully defend the City from any
and all costs, claims, causes of action, or legal expenses of any nature that results
from,out of,or with respect to use of the designated gyms by WFISD, or its agents,
officers, employees, and invitees.
8. Nothing in this Use Agreement shall be construed as creating any right, cause of
action,or claim of waiver or estoppel for or on behalf of any third party,nor shall it be construed as a
waiver or modification of the availability of the defense of governmental immunity,or of any other
11
legal defense as to any third party under the laws of this State.
9. WFISD and the City agree to reasonably cooperate to schedule the use of the
designated gyms in a manner,consistent with this Use Agreement,to provide the greatest benefit to
its citizens.
10. Each party expressly understands and agrees that the designated gyms are located on
WFISD property and that this Use Agreement is subject to all policies of WFISD and laws of the
State of Texas relating to school property and that such policies and laws shall be strictly observed,
including,but not limited to, its tobacco, alcohol, and firearms provisions.
11. During the Term of this Use Agreement, WFISD will operate and maintain the
designated gyms consistent with its intended purposes and the terms and provisions of this Use
Agreement; provided, however, that in the event either party determines during the Term that the
designated gyms should no longer be used for their intended purposes,this Use Agreement may be
terminated upon 30 days written notice to the other party.
It is agreed and understood that as a part of the transaction between the parties the City has
"prepaid"its share of the minor maintenance costs for the 75 year life of the designated gyms. The
value of this prepayment has been determined to be $117,165. Therefore, in the event this Use
Agreement is terminated early by WFISD,as authorized by the section,WFISD shall return to City
an amount which represents City's prepaid but unused minor maintenance costs. In the event this
Use Agreement is terminated early by the City,it is understood by the parties that the City shall not
have returned to it any amount which represents City's prepaid but unused minor maintenance costs.
IN WITNESS WHEREOF,the parties have executed and attested this Use Agreement by their
officers duly authorized as of the date first written above.
WICHITA FALLS INDEPENDENT THE OF WICHITA ALLS
SCHOOL DISTRICT
By: By: I /%
v
Name: Larry Scott Name: Darron Leiker
Title: Board President Title: City Manager
ATTEST:
(4;\ fool
Lydia` una, City Clerk
12
•
APPROVED AS TO FORM: APPROVED AS TO FORM:
41,4,4 That„,,,C
Angela Michael Bill Sullivan
Director of Legal Services City Attorney
Wichita Falls Independent School District City of Wichita Falls, Texas
13