HomeMy WebLinkAboutContract 51771 CITY SECRETARY
CONTRACT NO.� 1'7"71
LICENSE FOR HAY PRODUCTION
THIS LICENSE FOR HAY PRODUCTION ("License"), entered into this !f` '? day of
.he'c ei4elz , 2018, by and between the City of Fort Worth, a Texas municipal corporation,
hereinafter referred to as the"Licensor"and Robert Nelson, an individual, hereinafter referred to
as the"Licensee."
WHEREAS, Licensor owns certain property located near Lake Worth, comprised of two
fields for a total area of approximately 27 acres, as more particularly depicted on Exhibit "A"
attached hereto and made a part hereof(the"Premises");
WHEREAS, Licensee desires to use the Premises for the purpose of conducting hay
growing,hay mowing,and hay baling operations("Permitted Use");
WHEREAS,Licensor uses native grass hay for the care of bison at Licensor's Fort Worth
Nature Center and Refuge ("Nature Center") during the winter months; use of native grass hay
assures protection of Texas native grass species in the Nature Center and prevents exotic grasses
from invading the Nature Center; and excess native grass hay on the Nature Center is used for
establishing native grasses in parklands and on projects where protection of native grasses is
required;
WHEREAS, Licensor agrees to allow the use of the Premises for the Permitted Use in
exchange for the provision of native grass hay by Licensee and delivery to the Nature Center;
NOW THEREFORE,for the consideration set forth below,the parties agree as follows:
1. PREMLSES. For and in consideration of the use of the Premises provided in this
License, Licensor hereby licenses unto the Licensee certain land located near Lake Worth,
comprised of approximately 27 acres, as more particularly depicted on Exhibit "A" attached
hereto and made a part hereof(the"Premises"). Premises shall be used solely for the purpose of
conducting grass hay growing, grass hay mowing, and grass hay baling operations ("Permitted
Use").
2. TERM AND TERMINATION.
(a) This License shall commence on October 1, 2018 ("Commencement Date") and expire
on December 31,2023 unless terminated earlier as provided herein("Initial Term").
(b) If Licensor performs and abides by all provisions and conditions of this License and is
not in default, upon the expiration of the Initial Term of this License,Licensee shall have five(5)
consecutive options to renew this License for terms of one (1) year each ("Renewal Term") for
the same consideration. The Renewal Term shall occur automatically, unless either party gives
rvien notice of its intent not to renew to the other party thirty(30) days before the start of the
next Renewal Term. The Initial Term and Renewal Term may sometimes be referred to herein
as the"Term".
HU License with Robert Nelson
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OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
(c) Either party may terminate this agreement with sixty(60)day's written notice to the other
Party-
3. CONSIDERATION.
(a) The consideration for the Premises shall be a minimum of 17 to 22 bales of 4 X 5 foot
diameter rolls of native grass hay ("Consideration"). The Consideration shall be delivered to
Licensor at the Fort Worth Nature Center&Refuge at 9601 Fossil Ridge Road,Fort Worth, TX
76135. Delivery of Consideration shall be arranged three (3) business days in advance by
contacting the Property Management Department of Licensor at (817) 392-8367. The parties
agree that this License Agreement is not a service contract. The Consideration is an in-kind
payment in lieu of a monetary license fee, and is adequate consideration for the use of the
Premises.
(b) Licensee shall provide annual reports no later than December 31,with information and in
a format sufficient for the City to determine the number of bales of hay removed from the
Premises during the previous reporting period and the number of bales of hay delivered to the
Nature Center. Sample report is included as Exhibit B.
4. USE OF PREMISES.
(a) Licensee will at all times use the Premises for the Permitted Use, and shall care for the
Premises in a good husband-like manner, and in accordance with good farming and soil
conservation practices.
(b) Licensee will cut, bale, and remove all hay at least once per License Year. A "License
Year" shall mean any period during the Term or Renewal Term beginning on January 1 and
ending on the next December 31 with mowing and baling occurring between months of May and
October. Licensee shall remove all bales from the Premises within fifteen (15) days of being
baled, subject to weather conditions.
(c) Licensee will not commit or permit waste on the Premises and will carefully protect all
improvements of every kind that are now on the Premises or may be erected thereon during the
continuance of this License.
(d) There shall be no cutting of trees or brush on the Premises. There shall be no hunting or
fishing or other non-mowing activities on the Premises.
(e) Licensee will promptly at the expiration of the term herein granted yield up possession of
said Premises,without notice, unto the Licensor in as good condition and repair as they now are
or may be at any time during the continuance of this License,ordinary wear and tear excepted.
(f) Storage of farm equipment that is not actively used for the Permitted Use is prohibited.
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(g) It is understood and agreed that the rights granted hereunder will not be exercised in such
a way as to interfere with or adversely affect the water quality of Lake Worth. Licensee shall
follow all water quality best management practices.
(h) At its own expense, Licensee will procure, maintain in effect and comply with all conditions
of any and all permits, licenses and other governmental and regulatory approvals required for
Licensee's use of the Premises. Licensee will not cause or permit any Hazardous Substance to be
brought upon, kept or used in or about the Premises or released by Licensee, its agents,
employees, contractors or invitees except for as necessary for incidental use related to the
allowed uses of the Premises under this License, but in no event shall fertilizers, pesticides,
herbicides or fuel storage be allowed on the Premises. The use and removal of any Hazardous
Substances incidental to the allowed uses of the Premises shall be in compliance with all legal
requirements. Licensee will in no event allow any Hazardous Substances to enter Lake Worth
nor any channel that drains into Lake Worth. Licensee will not take any remedial action in
response to the presence of any Hazardous Substances in or about the Premises, nor enter into
any settlement agreement, consent decree or other compromise in respect to any claims relating
to any Hazardous Substances in any way connected with the Premises without first notifying
Licensor of Licensee's intention to do so and affording Licensor ample opportunity to appear,
intervene or otherwise appropriately assert and protect Licensor's interests with respect thereto.
"Hazardous Substance" shall mean (i) any petroleum or petroleum products, radioactive
materials, asbestos in any form that is or could become friable, urea formaldehyde foam
insulation, transformers, or other equipment that contain dielectric fluid containing
polychlorinated biphenyls, and radon gas; (ii) any chemicals or substances now or hereafter
defined as or included in the definition of"hazardous materials", hazardous wastes", "extremely
hazardous wastes", "restricted hazardous wastes", "toxic substances", "toxic pollutants",
"contaminants" or 'pollutants", or words of similar import, under any applicable law; (iii) any
other chemical, material, or substance, exposure to which is now or hereafter prohibited,
limited, or regulated, by any applicable law or governmental authority; and (iv) all pesticides,
herbicides,or fertilizers; and(2) "release" means disposed,discharged, injected, spilled, leaked,
leached, migrated, dumped, emitted, escaped, emptied, seeped, or placed, in, on, or under any
land, water, or air, or otherwise entered into the environment, and as otherwise more broadly
defined in applicable law.
Indemnification: If Licensee has knowledge that the Premises or the Premises have become
contaminated in any manner, including the release of any Hazardous Substance on the Premises,
Licensee shall immediately notify Licensor's Property Management Department at 817.392.8367
of the release or discharge of the Hazardous Substance, and Licensee shall indemnify, defend
and hold harmless Licensor from and against any and all claims, damages, fines, judgments,
penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the
Premises, and any and all sums paid for settlement of claims, attorneys' fees and expenses,
consultant fees and expert fees) arising during or after the Term of this License and arising as a
result of such contamination, release or discharge. This indemnification includes, without
limitation, any and all costs incurred because of any investigation of the site or any cleanup,
removal or restoration mandated by federal, state or local agency or political subdivision. This
provision of this paragraph shall survive termination of this License.
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Notwithstanding anything in this Section 4(h)to the contrary, Licensee shall not be liable for nor
shall Licensee indemnify, defend, or hold harmless Licensor from the actions or omissions of
trespassers on the Premises.
(i) Licensee shall not use any groundwater or surface water from the Premises nor water
drawn directly from Lake Worth for any purposes.
0) This agreement is a license for use of the Premises for the Permitted Purpose. This License
does not grant a property right to Licensee and is not considered a lease for purposes of Texas Local
Government Code Section 272.001(h).
5. INDEMNITY. LICENSEE COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE LICENSOR, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, OF WHATSOEVER KIND OR CHARACTER; ARISING OUT
OF OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH,DIRECTLY OR
INDIRECTLY, THE LICENSING, OCCUPANCY, USE, CONDITION AND/OR
MAINTENANCE OF THE LICENSED PREMISES AND ANY AND ALL ACTIVITIES
CONDUCTED THEREON, OR IN CONNECTION WITH THE ACTS OR OMISSIONS
OF LICENSEE, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, SUBLICENSEES, PATRONS, GUESTS, LICENSEES,
INVITEES; AND SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR FROM
AND AGAINST ANY AND ALL INJURY OR DAMAGE TO SAID LICENSED
PREMISES OR ANY OTHER PROPERTY OF LICENSOR, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE LICENSING,
OCCUPANCY,USE,CONDITION AND/OR MAINTENANCE OF THE PREMISES.
6. INSURANCE. Licensee shall at all times during the term hereof, maintain a
Commercial General Liability Policy of insurance with limits not less than $1,000,000 per
occurrence, combined single limit for bodily injury or death and property damage, $2,000,000
aggregate. Said policy shall include the Licensor as an additional insured, as its interests may
appear (ATIMA). Licensee shall furnish to Licensor a certificate of insurance verifying such
coverage with a confirmation that such policy shall not be subject to cancellation except upon
thirty (30) days' prior written notice to Licensor. Licensor may, at its option, also require
Licensee to submit a copy of the policy or policies in effect as well as proof of payment of
premiums. Insurance must be carried with firms licensed to do business in the State of Texas,
and that have financial capability acceptable to Licensor.
Licensee will not permit the Premises to be used for any purpose which would render the
insurance thereon void or the insurance risk more hazardous and will use its best efforts to use
the Licensed Premises and to store its property in such a manner as to minimize risk of loss by
casualty, it being acknowledged that the use of the Premises in the proper and ordinary conduct
of Licensee's business for the purposes set forth herein shall not be considered in violation of this
Section.
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7. RIGHT OF INSPECTION. Licensor reserves the right to enter upon the Premises at all
reasonable times for the purpose of inspecting the Premises, provided that such entry does not
conflict with Licensee's rights hereunder.
8. ACCEPTANCE OF LICENSED PREMISES. Licensee acknowledges that Licensee
has fully inspected the Premises,and on the basis of such inspection Licensee hereby accepts the
Premises ASIS,with no warranties by Licensee, as suitable for the purposes for which the same
are Licensed.
9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Licensee
shall perform its obligations and responsibilities hereunder as an independent contractor and not
as an officer, agent, representative or employee of the Licensor; that Licensee shall have
exclusive control of and the exclusive right to control the details of its obligations and
responsibilities and all persons performing same;that Licensee shall be solely responsible for the
acts or omissions of its employees or other persons under its supervision, management and
control; that the doctrine of respondeat superior shall not apply as between Licensor and
Licensee and that nothing herein shall be construed as creating a partnership or joint enterprise
between Licensor and Licensee.
10. ASSIGNMENT.Licensee shall not assign or sublet this License.
11. NOTICES. Notices required to be made under this License shall be sent to the
following persons at the following addresses, provided, however, that each party reserves the
right to change its designated person for notice, upon written notice to the other party of such
change:
All notices to Licensor shall be sent to:
City of Fort Worth
Attn: Lease Manager
Property Management Department
200 Texas Street
Fort Worth,Texas 76102
With a copy to:
City of Fort Worth
200 Texas Street
Fort Worth,Texas 76102
Attn: City Attorney's Office
All notices to Licensee shall be sent to:
Robert Nelson
1725 N.Las Vegas Trail
Fort Worth,TX 76108
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All time periods related to any notice requirements specified in the License shall commence
upon the terms specified in the section requiring the notice.
12. ENTIRE AGREEMENT. This License shall constitute the entire agreement of the
Licensor and Licensee, and shall supersede any prior agreements, either oral or written,
pertaining to the Licensed Premises.
13. WAIVERS. One or more waivers of any covenant,term, or condition of the License by
either Licensor or Licensee shall not be construed as a waiver of a subsequent breach of the same
covenant, term, or condition. The consent or approval by either Licensor or Licensee to or of
any act by the other party requiring such consent or approval shall not be deemed a waiver or
render unnecessary consent to or approval of any subsequent similar act.
14. CHOICE OF LAW AND VENUE. This License and the relationship created hereby
shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or
enforce the terms of the License or for any breach shall be in Tarrant County,Texas.
�1
Executed this l rh day of CSR 201 S
m
LICENSOR:
CITY OF FORT WORTH,
a Texas municipal corrpo ion
Jesus J.Chapa
Assistant City Manager . .,
m FORTS .
Approved as to Form and Legality Attested-F) �' .0��
eann D.Guzman, ary . Kayser,
Assistant City Attorney ity Secretary 1F7CP��i
LICENSEE:
Robert Nelson,an individual
Hay License with Robert Nelson
Pop 6 of 9 OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
for the.monitoring and administration of ls contract,
th tract
,
including ensuring all perfo ce and reporting requirements.
e o mplo ee
Title
Hay Limse with Robert Nelson
page 7 of 9 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
LAKE WORTH
LICENSE FOR HAY PRODUCTION
EXHIBIT A
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-,,� 5¢ �.+.1,7�•} Fr 1e - 7 �g�'e� *'4,t' f � ,� '�,+ �" 7� .s. = 1 s rr' ��` ...
y. 4ay=. 1 -� y�y Y M �l fA '�"-A#1' Y p. V;� y `.;'y�•'i
a.��ir� y • `•,=�S,t3tt t '13+`.q. 7 xr;:.
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Mowing Areas Access Points
FORT WORTH, 0 500 1,000 2,000 et Date: 1/15N2019
Copyright 2018 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for W' E
informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying Jp
purposes- It does not represent an on-the-ground survey and represents only the approximate relative location of
property boundaries. The City of Fort Worth assumes no responsibility for the acasracy of said data.
S
EXHIBIT B
SAMPLE REPORT
CITY PROPERTY:
BALES OF HAY REMOVED FROM CITY PROPERTY IDENTIFIED IN EXHIBIT A
SIZE/WEIGHT
DATE OF CUTTING AND BALING
DATE OF REMOVAL
DONATED TO NATURE CENTER:
BALES OF HAY DELIVERED TO FORT WORTH NATURE CENTER
x� OM SIZE/WEIGHT
DATE
The above information is true and accurate:
LICENSEE:
Date:
Robert Nelson,an Individual
NATURE CENTER
Date:
Robert Denkhaus,Manager or Designee
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