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Home My WebLink AboutContract 52410 0iTY SECRETARY pFF� P�ZP� N11TRACT NO._ I P l + LICENSE AGREEMENT II ', This LICENSE AGREEMENT ("License") is entered into on the/"y9 day o , 2019, by and between BEST MAID PRODUCTS, INC. ("Licensor"), acting by and through its duly authorized representative, and the CITY OF FORT WORTH,TEXAS, a home-rule municipality of the State of Texas, acting by and through its duly authorized Assistant City Manager("Licensee"). RECITALS A. Licensor is the owner of a property located at 1401 S.Riverside Dr, Fort Worth,TX 76104 ("Pickle Park"), this property being depicted on Exhibit"A," which is attached hereto and incorporated herein.The Pickle Park is not a City Park or public space,but is instead owned and controlled solely by the Licensor. B. Licensee, in conjunction with its Neighborhood Initiative Program, seeks to promote recreational and educational activities in the Ash Crescent Neighborhood. C. Licensee desires to license the Pickle Park during the term of this License for the purpose of conducting Ash Crescent Neighborhood Education and Sports Skills Camps. D. In support of the mission of the Licensee,Licensor is willing to license the Pickle Park to Licensee to be used by Licensee and its employees and invitees for outdoor recreational and educational activities during the term of this License to the extent Licensee's use does not interfere with Licensoe's use of the Pickle Park. In consideration of the mutual covenants contained in this License,Licensor and Licensee agree as follows: 1. LICENSE GRANTED: Licensor grants to Licensee, subject to the terms of this License, a non- exclusive license to use the Pickle Park for the purpose of outdoor recreational and educational activities related to the Ash Crescent Neighborhood Education and Sports Skills Camps. 2. TERM: The term of this License is two days, Saturday,June 8,2019 and Saturday, June 22,2019 ("Term"). On each day,the term of the License shall commence at 6:00 am and end at 9:00 pm. 3. ALTERATIONS; MAINTENANCE: Licensee may not make any alterations or improvements to the Pickle Park without the prior written consent of Licensor. Licensee shall be responsible for trash pick-up and removal in the Pickle Park during the Term. 4. LICENSEE FEE: Nothing herein shall constitute an obligation of Licensee funds.Neither Party shall owe any amount of money for any reason whatsoever to the other Party for services rendered in connection with this License. Licensee shall not be liable nor owe any payment, fee, cost, penalty, or money for any other reason whatsoever to Licensor. Licensee and Licensor expressly agree and stipulate that this License is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Specifically, Licensor agrees that the Licensee will provide a benefit to Licensor by encouraging the well-being of citizens in the Ash Crescent Neighborhood.Licensor has accepted this as valuable consideration for its obligations under this License. Additionally,Licensee agrees that the Licensor will provide a benefit to Licensee by providing the Licensee with the use of the Pickle Park in accordance with this License. S. COMPLIANCE WITH LAW: All uses of the Pickle Park under this License must be in accordance with all applicable laws,rules,regulations,ordinances,and restrictions in effect during the Term. Pickle Park License Agreement between the City of Port Worth and Best Maid Products EOFFICIALRECORD 1 of S ECROR 6. WAIVER OF LIABILITY: Licensor shall not be responsible for the theft,loss,damage,bodily injury or harm,or destruction of equipment or any other property of Licensee or its employees,agents,volunteers, invitees,participants of the camps,contractors,and subcontractors,even if the damage is alleged to arise out of some condition on the Pickle Park. Licensee shall not be responsible for the theft, loss, damage, bodily injury or harm, or destruction of equipment or any other property resulting from the negligence or willful misconduct of Licensor,or its officers,directors,agents,contractors,and employees. 7. INSURANCE: Licensee is basically a self-funded entity subject to statutory tort laws and,as such, generally, it does not maintain a commercial general liability insurance and/or auto liability policy. Damages for which the Licensee would ultimately be found liable would be paid directly and primarily by Licensee and not by a commercial insurance company. 8. TERMINATION: If either party fails to comply with its obligations under this License, the non- defaulting party may immediately terminate this License upon written notice to the other party and may pursue any remedies available at law or in equity. Additionally,either party has the right to terminate this License for no reason at all by giving 24-hours written notice. 9. NOTICES: Any notice provided for or permitted under this License shall be made in writing and may be given or served by(i)delivering the same in person to the party to be notified,or(ii)depositing the same in the mail,postage prepaid,certified with return receipt requested,and addressed to the party to be notified, or (iii) sending by telecopy, with a copy thereof sent by registered mail on the same day. If notice is deposited in the mail pursuant to(ii)or(iii)of this Section 9, it will be effective upon receipt or refusal. For the purpose of notice, the addresses of the parties are, until changed as provided below, as follows: If to Licensee: City of Fort Worth Neighborhood Services Department Attn: Michelle A. Pantaleo-Clough 908 Monroe Street,3rd floor Fort Worth,Texas 76102 Email: Michelle.Pantaleo@fortworthtexas.gov Telephone: 817-392-5777 with a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102 Telephone: 817-392-7600 If to Licensor: Best Maid Products,Inc. Noah Bass Vice President,Operations& Sales Email: noahb@bestmaidproducts.com Telephone: 817-529-3274 However,the parties may from time-to-time change their respective addresses,and each shall have the right to specify as its address any other address upon at least ten days written notice to the other party. Pickle Park License Agreement between the City of Fort Worth and Best Maid Products 2of5 10. BINDING: All provisions contained in this License are binding upon, inure to the benefit of, and are enforceable by the respective successors and assigns of Licensor and Licensee. The provisions of this License may be amended, waived, or terminated only by an instrument signed by Licensor and Licensee. 11. MISCELLANEOUS: The headings to the various sections of this License have been inserted for convenient reference only and do not modify,define,limit,or expand the express provisions of this License. This License is governed by and construed and enforced in accordance with the laws of the State of Texas, and is subject to all applicable laws, statutes, rules, regulations, ordinances, and orders, whether of such state or otherwise. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this License,venue for such action shall lie in the state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas--Fort Worth Division. 12. GOVERNMENTAL POWERS. It is understood that by execution of this License,the Licensee does not waive or surrender any of its governmental powers or immunities. 13. LICENSEE'S LIABILITIES. Licensor acknowledges and understands that any liabilities incurred by Licensee as a result of this License shall be subject to all applicable statutes, laws, rules, and regulations, including, but not limited to, the Charter and Code of Ordinances of the City of Fort Worth. Specifically, the total of all liabilities incurred by the Licensee, including repairs, utilities, and fees, that exceed $100,000.00 will be subject to Fort Worth City Council approval prior to any payment being rendered. Executed by Licensor and Licensee in multiple counterparts, each of which shall be deemed an original,as of the date first above written. LICENSOR: LICENSEE: BEST MAID PRODUCTS,INC. CITY OF FORT WORTH,TEXAS By: -�-� By: Noah Bass )Fe Costa Vice President Assistant City Manager RECOMMENDED: By:j(0'M.4,i4) Ljov� Sonia Singleton Neighborhood S - s Interim Director APPROVED AS TO FORM AND LEGALITY: By:_ Assistant City Attl5rney OFFMAL RECORD Pickle Park License Agreement between the City of Fort Worth and Best Maid Products SIT'SECRETARY 3 of FT 'WORTH,TX -' O R t- ATTEST By. a.. Mary Ka City Sec ary NO M&C REQUIRED CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements �� O ,�� Michelle A. Pantaleo-Clough,MA Neighborhood Services Manager OFFICIAL RECORD Pickle Park License Agreement between the City of FortWorth and Best Maid Products CITY SECRETARY 4 of FT. WORTH,TX EXHIBIT"A" Pickle ' 1 1 , 1 Q ` y )may � t � .., , a• .• ,. •c � f a • r2Preraooga - G