Loading...
HomeMy WebLinkAboutContract 35314�:,��i �� ���;���A�l� l ��`�l�TRAC� f�(� . SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 28959 This SECOND AMENDMENT TO THE LEASE AGREEMENT ("Agreement") is made and entered into by and between THE CITY OF FORT VJORTH ("City"), a home rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties acting by and through its duly authorized Assistant City Manager, and the YOUTH SPORTS COiJNCIL OF FORT WORTH, INC., a Texas non-profit corporation which is the designated local chapter of THE FIRST TBE, OF FORT WORTH herein and afteY• referred to as ("Licensee")acting by and through its duly authorized representative. WHEREAS, on July 31, 2003, the City and Licensee entered into City Secretary Contract No. 28959 for the use of the driving range of the city-owned Rockwood Park and Golf Course by Licensee for the development of The First Tee of Fort Worth chapter and progratn; and WHEREAS, Licensee, the local chapter of The First Tee, a division of the World Golf Foundation Inc., seeks to make golf available to those who otherwise would not have access to the game and its positive values; and WHEREAS, on May 9, 2006 the City Council authorized execution of an Amendment to the Agreement (M & C G21452) and additional provisions are required to the Agreement by further Amendment; and WHEREAS, Licensee and the City, with funding now in place, seek to further amend the Agreement to increase the term of the lease, redistribute the share of the capital costs, establish the availability of the driving range to The First Tee program and the general public and include an option to build a classroom and indoor training facility adjacent to the existing Rockwood clubhouse, provide for construction terms, insure compliance with city built facilities and use best effoi�ts to reach M/WBE goals; WHEREAS, it is the rnutual desire of the City and Licensee to further amend the Agreement; WHEREAS, it is the intent of the parties that this Amendment will supercede and replace the prior Amendment executed by the City and Licensee; NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS; That the City and Licensee, for and in good and valuable consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that said City Secretary Contract No. 28959 is hereby amended as follows: _-, __ _� ____ _ revised 3 27 07 � � �' � � ' ; � .,�rl ' ' 1' ��.,' 15': � d:.: V `�1.,1i� 6 ^� r If t' �! 1 � t�;i �.; ����;r�-�� ���.� i:J�' �� J'C�`J��LbU/c��:�r - r�� `v',':�'�%�I,n'� �ILS;�, w �: �� - � 1. That City Secretary Contract No. 28959 is hereby amended to amend Section 2, "Tei�rn" in order to allow the City and Licensee to agi�ee to additional extended terms. Section 2, "Term" sha11 read in its entirety as follows: Section 2. Term. The primary term of this Agreement shall consist of twenty (20) years commencing on August 1, 2003, and ending on August 31, 2023. This Agreement shall automatically extend for one (1) consecutive term of twenty (20) years beginning on September 1, 2023, so long as Licensee is in material compliance with this Agreement on said dates, as applicable, and City has not delivered to Licensee a notice of default under this Agreement that remains uncured on or before such dates or which cannot and is not cured by Licensee within a reasonable time after such dates. After said automatic extension (or if no extension automatically occur pursuant to the foregoing sentence), this agreement may be extended by mutual written consent of the Licensee and the City for additional twenty (20) year term(s), with the extended term date(s) to begin on the day following the expiration date of the most recent term. Licensee must notify the City in writing no later than six (6) months prior to the beginning of the license period of the Licensee's intent to use the Premises under the terms of this Agreement. Failure of the Licensee to pay the City the license fee, regardless of the intent to use the Premises, shall result in the termination of this Agreement and the forfeiture of any remaining license periods wit� no further obligation, monetary or otherwise on the part of the Licensee or City. 2. T'hat City Secretary Contract No. 28959 is hereby amended to amend Section 3. "License Fees" in order to allow the City to provide for an increase in License Fees. Section 3. "License Fees" shall read as follows: Section 3. License Fees 2 That for and in consideration of the payment of Licensee to the City of the sum of one dollar ($1.00) per annum as License rental, City hereby leases and demises unto Licensee the use of that parcel of land being more particularly called the licensed premises and described in E�ibit 66B" being attached hereto and incorporated herein to this license agreement for the use as The First Tee of Fort Worth golf facility. Payment of the annual license amount shall be made at the Administrative office of the City of Fort Worth Parks and Community Seivices Department on or before the 1 S` day of July each year of this license or, in the alternative, Licensee may pay the entire license fee of Twenty Dollars ($20.00) at the execution of this License Amendment or on or before any subsequent renewal or extension of this License Agreement. � That City Secretaxy Contract No. 28959 is hereby amended to amend subsections b, c, d and e and h of Section 4"Use of Premises" in order to provide for the maintenance of the premises, provide requirements for construction, to allow for a money provision from the City, provide for City's approval of design and construction plans, request as- built drawings and to provide for retention of revenue. Subsections b, c, d, e and h of Section 4"Use of Premises" shall read in their entirety as follows: Section 4. Use of Premises b. The City shall be responsible for the ma.intenance of the grounds of the Licensed Premises, including any mowing, fertilizing, or related costs. The Licensee shall be responsible for the maintenance of the structures constiucted by the Licensee on the Licensed Premises. The City shall maintain the grounds and the Licensee shall maintain the structures conshucted by the Licensee in accordance with City standards. c. Licensee and City agree that the Licensee shall have a reservation preference for access to one-half of the total number of hitting stations on the Premises and that the pitching/chipping and putting area on the Premises may be closed to the public during classes held by the Licensee. The City and Licensee further agree that the learning facility on the Licensed Premises will be completely closed to the public no inore than six (6) times a year for special promotions associated with the Licensee. These dates and times shall be mutually agreed upon by designees from both The First Tee and Fort Worth Golf. � d. Licensee shall be responsible for the construction of the facilities on the Premises as required by The First Tee Program, including but not limited to, short game practice area with bunkers for hitting, chipping and putting, and the learning facility. Licensee shall have the option to build in the future a classroom and indoor training facility. Licensee, at its sole cost and expense, shall be responsible for the cost of obtaining any necessary permits, licenses or payment of taxes incurred or required in connection with this Agreement. e. The City will provide an amount not to exceed One Hundred T'housand Dollars ($100,000.00) of capital costs to be used in conjunction with the funding from the Licensee for costs associated with the operation of the driving range and renovation of three (3) practice holes located on the Trinity Nine. It is the responsibility of the Licensee to assume all costs relating to the design, improvements and placement of any buildings or structures on the Licensed Premises for use by the Licensee. Licensee must obtain written approval from the City of Fort Worth Pas•ks and Community Services Director prior to Licensee placing any permanent improvements on the Premises. City shall have the exclusive right, title and interest in all permanent structures and improvements constructed by the Licensee on the Premises. Licensee shall submit a site plan, inclusive of design, to the Parks and Community Services Director, indicating the placement of all structures, buildings and/or appurtenances. The Parks and Community Services Director must approve all site and design plans prior to Licensee placing any structures, buildings and/or appurtenances on the Premises. City and Licensee agree that Licensee will award the contract for construction on the Licensed Premises, subject to the following: i. Prior to the Licensee making an award of contract for the construction, the Licensee shall provide sufficient documentation to the City to evidence that the Licensee will reasonably and timely have sufficient funds available to meet its obligations under this Agreement. ii. The City and Licensee agree that the Licensee will cdnstruct the Licensed Premises for the joint use of the Licensee and the City in accordance with a set of plans and specifications pre-approved by the City and the Licensee prior to beginning any construction. The Licensee agrees to conshuct on the Licensed Premises in compliance with all ctarrent building codes and guidelines. iii. City shall not be responsible for the cost of any necessary permits, licenses, incurred or required or other associated fees in connection with this Agreement. iv. The Leased Premises must at all times be kept free of inechanics and material person's liens. Licensee shall indemnify City against any and all mechanic and material person's liens or any other type of claims or liens __ _ , i ,�, � � � � , -: ,�, 4A, i � �, � �' � _, � �_� � ���.� ..� J :l:i f �;��r rr>'j�,; <<7,} i;,� J j �' � ;U >'J 'J 1 . \� l l , 4 { '„: � C.-�q„ � .��(� `:':`Jl:l�i� hi�:v':o � imposed upon the Leased Premises arising as a result of its conduct or inactivity. v. Licensee shall require its contractors to provide perforr�ance and payment bonds covering any such work, in form acceptable to the City Attorney, as required by Chapter 2253, Texas Government Code. vi. Licensee will use its reasonable efforts to cause its contractor(s) to comply with the requirements of City Ordinance No. 15530 and the City's established goal for the construction portion of this Agreement regarding the participation of minority and woman owned businesses. vii. Licensee shall notify City at least 7 days prior to beginning construction. viii. Licensee for itself, its personal representatives, successors in interest and assigns, agrees, as a covenant running with the land as part of the consideration herein in its construction, maintenance, occupancy, use or operation of the Leased Premises, that no person shall be excluded from participation in or denied the benefits of Licensee's use of the Leased Premises on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. Licensee fut-ther agrees for itself, its personal representatives, successors in interest and assigns that no person shall be excluded from the provision of any services on or in the construction of any improvements or alterations to the Leased Premises on grounds of race, color, national origin, religion, handicap, sex, sexual orientation or familial status. ix. Licensee is required to comply with all provisions of the Americans with Disabilities Act of 1990, Public Law 101-336, 42 United States Code 12101 et seq. and all applicable Texas Accessibility Requirements (collectively, the "Act"). x. Licensee shall begin construction no later than eight (8) months from the date the City and the Licensee approve the plans. The City may terminate this Agreement upon thirty (30) days prior written notice if conshuction is not commenced within such time. The City may extend the time to begin construction for an additional eight (8} months at the City's sole discretion. xi. Licensee must submit two complete sets of fmal construction plans of detailed working drawings, plans, and specifications and any additional copies of site plans as required by City for construction for City's approval within thirty (30) days after this Agreement is executed. If Licensee wishes to construct any other buildings or improvements or make any additions or alterations to buildings or improvements for which City's approval is required under subparagraph a. above, Licensee must submit two copies of detailed working drawings, plans, and specifications any such projects for City's approval within thirty (30) days before the project begins. xii. No building or other permanent improvement may be constructed on the Leased Premises unless the plans, specifications, and proposed location of the building or other improvement has received City's written approval and the building or other improvement complies with the approved plans, 5 specifications, and proposed location. No material addition to or alteration of any building or structure or other improvements erected on the Leased Premises may begin until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by City. xiii. 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 cot�rections must be made, and the plans resubmitted promptly to City. Minor changes in work or materials not a.ffecting the general character of the project may be made at any time without City's approval, but a copy of the altered plans and specifications must be furnished to City. xiv. Approval by the City shall not constitute or be deemed a release of the responsibility and liability of the Licensee, its agents, servants, employees, contractors and subcontractors for the accuracy and competency of its designs, warlung 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 the designs, working drawings and specifications or other documents, or consh-uction from the plans or specifications prepared by Licensee, their agents, servants, employees, contractors and subcontractors, (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to constructed). xv. The Licensee shall require its design professional to prepare asbuilt drawings based upon final construction, which shall be submitted to and become the property of the City. h. The City will incur all annual operating expenses and retain all revenues generated at Rockwood Golf Course. However, the Licensee shall pay no fees for the use of the practice facility or practice balls. In addition, Licensee shall have the right to charge and retain fees in connection with the First Tee operation and programming. Licensee may accept monetary or material donations made to the First Tee to support fundraising efForts through efforts conducted in The First Tee Building or on the driving range, as long as such efforts are not in conflict with operations of Rockwood Golf Course. Retained monies shall be used solely to support the First Tee of Fort Worth programming and its City of Fort Worth participants All other terms of Section 4 which are not amended herein, sha11 remain in full force and effect throughout the term of this Agreement � That City Secretary Contract No. 28959 is hereby amended to amend Section 6. "The First Tee Name, Logo, and Marks" shall be amended in order to allow sale of Logo � merchandise. Section 6. "The First Tee Name, Logo, and Marks" shall read in its entirety as follows: Section 6. The First Tee Name, Logo and Marks The Licensee may conduct all sales of inerchandise containing "The First Tee of Fort Worth" name, logo and/or marks in the City's pro shop until such time that the construction of the Licensee's facilities are completed whereupon all sales of such merchandise shall be conducted from The First Tee of Fort Worth Clubhouse/learnulg facility or any other part of the Licensed Premises. No non-logo First Tee merchandise can be sold by Licensee, so as not to be in direct competition with City of Fort Worth Municipal Golf Course. 5. That City Secretary Contract No. 28959 is hereby amended to amend Section 9. "Insurance" in order for the City to require Licensee to obtain insurance. Section 9. "Insurance" shall read as follows: Section 9. Insurance Licensee shall require its contractors and design professionals to obtain and maintain the followin� types of insurance and limits of coverage of contractors and design professionals during the development, design and construction of the facility: (a) Worker's Compensation. Licensee shall require its contractors and design professionals to obtain and maintain statutory worker's compensation insurance and Employers Liability coverage ($100,000 Each accident/ occurrence, $100,000 Disease - each employee, and $500,000 Disease-policy limit) during the design and any construction work. Licensee sha11 require its con-tractors and design professionals to cover their subcontractors and subconsultants on their policies or shall require the subcontractors and subconsultants to obtain and maintain statutory worker's compensation coverage insurance and Employer's Liability coverage (with limits as stated above). (b) Professional Liability Insurance. Licensee shall require any design professionals providing professional services for the development, design and/or construction management of the Facility to obtain and/or maintain professional liabiliTy insurance at a limit of not less than $1,000,000. If this coverage is obtained on a"claims made" basis, thg 7 - _ _ ,,I ',,,��J';.�'l�!l '�:is�,)�:;� ����ti< <��������1� �'�' G�c�l .% �1.. � ' �U�`':;;:,i,�,�tf 2�1 ��j;'�Jl�.���jl� �I�S�.,: design professionals will maintain coverage continuously in force for a period of not less than five years after Facility acceptance. (c) Commercial General Liabilitv. Licensee shall require its contractors and design professionals to obtain commercial general liability insurance at a limit of not less than $1,000,000 each occurrence and $2,000,000 aggregate. (d) Builders Risk. Licensee or its general contractor shall carry builder's risk property insurance on the Facility throughout the construction period. (e) Automobile Liability Insurance. Licensee shall require its contractors and design professionals to obtain and mainta.in business automobile liability insurance at a limit of not less than $1,000,000 each accident on a combined single limit basis. A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 2. Additional Insurance Requirements (a) The City of Fort Worth, its' Officers, Employees and Volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. (b) Thirty days (30) prior written notice of cancellation or non-renewal is required. (c) Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. (d) The insurers for all policies must be licensed andlor approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, prior written approval of the City's Risk Management Division is required. (e) If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is �equired. Excess Liability shall follow form of the primary coverage. ( fl "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". Prior written approval from the City's Risk Management Division is required for any claims-made policies. If fl', ,'_,;s;'.� � 1i 5 �'y�'��;`'_�, � ?J J��'��� !:'v�J�iU $ � '';���U l'^ ?c��,i ���;s�:'' �U�^J � .. •:' �!��( � �� .-1� -, U ji �°,7 if��a '�'3�✓J1���1�➢ Uli�s o coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the contractual agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. (g) Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be approved in writing by the City's Risk Management division. (h) The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the indushy as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior written notice of ninety (90) days. If the City increases the minimum specified insurance requirements, the City shall be responsible for the increased costs for such coverage, including profit and overhead. (i) The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. G� That City Secretary Contract No. 28959 is hereby amended to amend Section 11. "Respondeat Superior." This section duplicates language contained in Paragraph 18 and is hereby amended to read as follows: Section 11. Assignment Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party. Notwithstanding the foregoing, Licensee may assign and transfer its rights and obligations hereunder to another non-profit Texas corporation on the following terms and conditions: (a) Licensee is not in default of any material obligations of this Agreement, (b) the corporation is non-stock and exempt from taxation under Section 7 501(c)3 of the IRS Code, and (c) World Golf Foundation, Inc./The First Tee and the City has approved the corporation as the new chapter to operate The First Tee program in Fort Worth, as evidenced by an amendment to The First Tee Chapter Agreement signed by The First Tee and the corporation. Upon satisfaction of the foregoing conditions and the City's receipt of a copy of such amendment to The First Tee Chapter Agreement, (i) the term "Licensee" as defined herein shall thereafter mean the new corporation for all rights and obligations arising hereunder after the date of such amendment and (ii) any and all designated funds and other assets held by Licensee for the benefit of the Fort Worth program shall be promptly transferred to the new corporation and used by such corporation for the benefit of the Fort Worth program as described herein. 7. That City Secretary Contract No. 28959 is hereby amended to amend Section 17. "Notices" in order to allow the City to require proper notice information. Section 17. "Notices" shall read in its entirety as follows: Section 17 Notices CITY: Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 Facsimile Number: 817-871-5724 WITH COPY TO: Benita. Falls Harper Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Facsimile Number: 817-392-7631 LICENSEE: Youth Spoi�ts Council of Fort Worth, Inc. /The First Tee of Fort Worth 3612 West Vickery Blvd. Fort Worth, Texas 76107 Facsimile Number: 817-732-9677 City or Licensee may change their address or facsimile number for notices by written notice to the other party at the above or other properly notified address andlor facsimile number. 1 O � --� ,1 ; , � , � ,- � '� r i J�,=), � :,,t, � � ;,� ���' ,���r'-,i`i;�r;: ��n. ! `:�':�{I ��.. J�1�v���I11•.!+ J .., "' :'.n; L���,ll �7.,1�, ; 5 ��, � J'.:i'�; � ''�Z' ; L �%, � �._._., _._..�.__.._� ...,� .� 8. That City Secretary Contract No. 28959 is hereby amended to add Section 28. "Damage or Destruction." Section 28, "Damage or Destructiori" shall be read as follows: Section 28 Damage or Destruction City shall not be responsible, under any circumstances, for any damage to property belonging to Licensee, its members, employees, agents, contractors, subcontractors, invitees, Licensees, or trespassers, which may be stolen, destroyed, and Licensee hereby releases City from any responsibility therefore. If any building or improvement constructed on the Leased Premises is substantially damaged or destroyed by fi�e or any other casualty, Licensee shall, at the option of Licensee, within ninety (90) days from the date of the damage or destruction, either begin to repair, reconstruct, or replace the damaged or destroyed building or improvement and pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the building to substantially the condition it was in before the casualty or remove the damaged or destroyed building and restore the property to the condition it was in before the casualty and terminate the Lease. But if beginning or completing this restoration is pravented or delayed by war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond Licensee's control, whether similar to any of those enwnerated or not, the time for beginning or completing the restoration (or both) will automatically be extended for the period of each such delay. Q That City Secretary Contract No. 28959 is hereby amended to add Section 29. "Ownership of Buildings, Improvements, and Fixtures." Section 29. "Ownership of Buildings, Improvements, and Fixtures." shall read as follows: Section 29. Ownership of Buildings, Improvements, and Fixtures Any buildings, improvements, additions, alterations, and fixtures (except furniture, movable equipment, and trade fixtures) constructed, placed, or maintained on any part of the Leased Premises during the Term are considered part of the real property of the Leased Premises and shall constitute a portion of the Leased Premises. 11 10. That City Secretary Contract No. 28959 is hereby amended to add Section 30. "Right to Remove Personal Property; Fixtures." Section 30, "Right to Remove Personal Property; Fixtures" shall be read as follows: Section 30 Right to Remove Personal Property, Fixtures Licensee may, at any time while it occupies the Leased Premises, or within a reasonable time thereafter, not to exceed thirty (30) days, remove personal property, fui•niture, machinery, equipment, or other trade fixtures owned or placed by Licensee, its subtenant's or Licensees, in, under, or on the Leased Premises, or acquired by Licensee, whether before or during the Term and any material extension. On or before the date of expiration of this Lease or its cancellation, Licensee shall vacate the Leased Premises, remove all property of and i•epair any damage to any buildings or improvements on the Leased Premises resulting from the removal, restoring the Leased Premises to a condition satisfactory to the City. If the Citq terminates this Lease in accordance with the terms hereof, shall vacate the Leased Premises, remove said property, and restore the Leased Premises within such time, as the City shall reasonably designate. In either event, if sha11 fail or neglect to remove said property within a reasonable time after the Lease termination date, not to exceed thirty (30) days, and so restore the Leased Premises, then said pt•operty shall become the property of the City. 11. That Ciiy Secretary Contract No. 28959 is hereby amended to add Section 31. "Entire Understanding." Section 31,. "Entire Understanding." shall be read as follows: Section 31. Entire Understanding This Amendment contains the entire understanding and agreement between the City and the Licensee as to the matters specifically contained herein. All terms and conditions of the License Agreement that are not directly amended by this Amendment shall remain in full force and effect. Capitalized terms used, but not defined, in this Amendment sha11 have the meanings assigned to them by the Agreement. 12. 12 � _ ;. �,;����� ��;�► �'�'�.>� ��n�; � 9 Ir ' � /'• �' � I 1� �1\( � �;�1�1��� ��'����..��.�<<:, ,. ��� �;; "�1 c� II ?:` ;�`i�",'1.�..._,.� ';; l = ..i : .(_ � 5�; P__... ._�..,._. That City Secretary Contract No. 28959 is hereby amended to add Section 32. "No Partnership or Joint Venture." Section 32., "No Partnership or Joint Venture" sha11 be read as follows: Section 32. No Partnership or Joint Venture Licensee shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of the City. Licensee sha11 have the exclusive control of, and the exclusive right to, control the work designated to the Licensee to be performed hereunder, and all persons perfoiming the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, contractors, subcontractors and employees. Neither City nor Licensee sha11 be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the City is not involved as a party to any activities that may be carried on by Licensee pursuant to this Agreement. Licensee acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with Licensee's use of the Leased Premises. Provided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it �as or could be asserted under the doctrine of governmenta.l immunity or any other immunity which it has under law. 13. That City Secretary Contract No. 28959 is hereby amended to add Section 33. "Waiver of Immunity." Section 33., "Waiver of Immunity" shall be read as follows: Section 33 Waiver of Immunity If Licensee, as a charitable association, political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, Licensee, to the extent permitted by law, hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against City arising under this Agreement. 14. 13 That City Secretary Contract No. 28959 is hereby amended to add Section 34. "Right to Audit" Section 34. "Right to Audit" shall be read as follows: Section 34 Right to Audit The City shall, until the expiration of three (3) years following completion of the construction, have access to and the right to exarriine any directly pertinent books, documents, papers and records of the Licensee involving any construction on the Leased Premises, together with the purchase of any fi�rnishing paid in whole or in part with City funds. City shall have access during normal working hours to all necessary Licensee facilities and shall be provided adequate and appropriate workspace, as then in existence, in order to conduct audits in compliance with the provisions of this section. The City shall use its best efforts to give the Licensee not less than 7 working days' advance notice of intended audits. Licensee further agrees to include in all its contractor and design professional agreements hereunder a provision to the effect that the contractor or design professional agrees that the City sha11, until the expiration of three (3) years following completion of the construction, and further that City shall have access during normal working hours to all contractor or design professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give contractor or design professional reasonable advance notice of intended audits. Licensee further agrees to require its contractors and design professionals to include in all subcontractors or subconsultant agreements the rights of the City to conduct audits in accordance with this section. In addition, the Licensee shall include in such contrac�s the provision that the contractors or design professionals shall agree to photocopy such documents as may be requested by the City and the City agrees to reimburse the contractors and design professionals for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Licensee agrees to photocopy such documents as may be requested by the City. City agrees to reimburse the Licensee for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 15. Section 35. Fiscal Funding Out 14 That City Secretary Contract No. 28959 is hereby amended to add Section 35. "Fiscal Funding Out." Section 35. "Fiscal Funding Out" shall be read as follows: If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to Licensee of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. That all other terms and conditions of City Secretary Contract No. 28959 which are not amended herein, shall remain in full force and effect throughout the term of this Agreement. WITNES5 REOF, the parties hereto have executed this Agreement this day of 2007 in Fort Worth, Tasrant County, Texas. CITY OF FORT WORTH: YOUTH SPORTS COUNCIL �. ;; [��� .Z `f: � By: Assistant City Manager Approved as to form and legality: � C_ -,, ;. BY. - . _ '; �� � � Assistant City ttorney � ATTEST: City Secretary _ � Cor.fir�� u�ho�'i�R�io� DaLe -- -- - 15 FORT W . / c�� �:�����/ �-"2� r�B ��� 4 /��. � -] ' " i ,'l P] /,:� .:; �l ,-`1 v f r' 1`:,T J��:,� ��'.�'V''�i ���' ���s,J- :J��,�,,Y,,;��s�;;,,,3",l ,, _. �� , � `� � ?��' �'��� � — ,�;,,; o.�.�. �, ,✓i1i11.� L,aL, Page 1 � City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/9/2006 DATE: Tuesday, May 09, 2006 LOG NAME: 8040FIRSTTEE REFERENCE NO.: C-21452 SUBJECT: Authorize Execution of an Amendment to the Agreement with the Youth Sports Council of Fort Worth, Inc., a Local Chapter of The First Tee, for the Development and Operation of a Practice Facility/Learning Center at the Rockwood Golf Course RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to the agreement with the Youth Sports Council of Fort Worth, Inc., a local chapter of The First Tee of Fort Worth, to develop and operate a practice facility and teaching center at Rockwood Goff Course. DISCUSSION: The amended agreement will allow the development of a new practice facility/learning center at Rockwood Golf Course. It will allow Fort Worth Golf an opportunity to leverage public/private funds in development of this new practice facility which is estimated to cost $450,000. Fort Worth Golf would commit no more than $100,000 to this project with The First Tee of Fort Worth pledging the remainder of the estimated total project cost in the amount of $350,000. The City's share of the funding would come from the Golf Unspecified Capital Improvement Project account. The First Tee is a national organization that was founded in 1997 as an initiative of the World Golf Foundation and has impacted over 680,000 young people since its inception. The mission of The First Tee is �to impact the lives of young people by providing learning facilities and educational programs that promote character-development and life-enhancing values through the game of golf." Currently, `�he �irst Tee of Fort Worth, has over 260 enrollees in their growing program. The First Tee and many other local groups require a central place to teach people how to play golf. This new practice facility will not only be the home of The First Tee of Fort Worth but will also create the opportunity to develop new golfers through various programming efforts at this practice facility. The golf division staff will conduct various player development programs targeted at beginning golfers, family golf, and high school golf programs. This new facility will also serve as an ideal venue for group and individual lessons. With the development of the proposed practice facility, the existing Trinity Nine would be replaced with the proposed teaching and practice facility and three practice holes. It will include 30 teeing stations, putting green and a short game area for chipping and pitching (see attached conceptuaf plan). Rockwood averaged 60,000+ rounds of golf in the mid 90's and there was a need for 27 holes to accommodate this level of play. Since 1999 there has been a steady decline in play and Rockwood currently averages 3$,000 rounds per year. This decline in rounds is due to the consfruction of many new courses in the Fort Worth area during the 1990's. The golf business has also seen limited growth in the ''" .,.. `" http://www.cfwnet.org/council�acketlReports/mc�rint.asp 5/15/2007 Page 2 � number of new golfers. This growth has been offset by a loss of regular players which has diminished the overall number of rounds played at each golf course. The golf division currently has one driving range and it is located at Pecan Valley Golf Course, in the far southwest portion of the City. When our customers were surveyed they asked for more practice facilities. With the elimination of the Trinity Nine, Rockwood Golf Course will become an 18 hole course. If this amended agreement is approved, the City will still have five courses: Pecan Valley with 36 holes; Meadowbrook, Z. Boaz and Rockwood with 18 holes; and Sycamore with 9 holes. Rockwood Golf Course will incur all annual operational expenditures and will receive all revenues. Staff estimates those revenues to be no less than $60,000 per year with expenditures of approximately $30,000. Based on these estimates the Golf Fund would recover this investment in 3 to 3'/ years. Rockwood Golf Course, due to it's affiliation with The First Tee, would receive discounts from national vendors, such as Toro Irrigation, Toro Equipment, WitteK Range Supply and numerous other national sponsors and supporters of The First Tee. These discounts would help reduce the overafl operational expenditures of Rockwood Golf Course and the Fort Worth Golf Fund. A public meeting was held at Northside Community Center on March 15, 2006 to present the partnership between Fort Worth Golf and The First Tee to the community. Over 70 people attended and all but one attendee responded that they were in support of the proposed driving range and teaching facility. The proposed general term of the agreement is: 1. Twenty (20) years license agreement with a 20 year renewal option; 2. City share of capital cost not to exceed $100,000; 3. The First Tee of Fort Worth share of capital cost is estimated to equal $350,000; 4. Annual operating expenses to be paid from the City's Fort Worth Golf Fund; 5. All revenues generated to be retained by the City's Fort Wo�th Golf Fund; 6. The First Tee of Fort Worth to have reservation preference; 7. A portion of the range to always be open to the public for practice and instruction; 8. No more than six (6) days dedicated to The First Tee special events; and 9. Option to build future classroom and indoor training facility at Rockwood Golf Course With City Council approval, staff will move fonnrard with the execution of an amendment to the agreement with the Youth Sports Council of Fort Worth, Inc., a local chapter of The First Tee of Fort Worth, and the City of Fort Worth. Rockwood Golf Course is located in COUNCIL DISTRICT 2. FISCAL INF�RMATION/CERTIFICATION: The Finance Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of all revenues due the City under the terms of this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers PE39 481153 0804420 $100,000.00 GC16 541200 080160520130 $100,000.00 Submitted for Cit� Manager's Office by: Originating Department Head: Additional Information Contact: http://www.cfwnet.org/council�acketlReports/mc�rint.asp Libby Watson (6183) Randle Haewood (871-5704) Nancy Bunton (871-5717) 5/15/2007