HomeMy WebLinkAboutContract 35971 CITY SECRETARY
CONTRACT NO. �5-:M
LICENSE AGREEMENT
TARRANT COUNTY §
STATE OF TEXAS §
THIS LICENSE AGREEMENT ("Agreement") is made and entered into by and between
the CITY OF FORT WORTH (City), a home-rule municipal corporation situated in Tarrant,
Denton, Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant City
Manager, and Cowtown Bowmen (Licensee), a Texas non-profit corporation, based in Fort Worth,
Texas acting by and through its duly authorized President.
WHEREAS, the Cowtown Bowmen Archery Club is a nonprofit corporation based in
Fort Worth for the purpose of fostering, perpetuating and directing the practice of all types of
archery in accordance with the high spirit and honorable tradition of the sport and to conduct
continuous educational programs with Texas Parks and Wildlife, the Boy Scouts of America, and
other organizations; and
WHEREAS, membership in the Cowtown Bowman is open to anyone interested in the
sport of archery and currently the club has over two hundred individual, family and youth members;
and
WHEREAS, the Cowtown Bowman club previously leased city owned property on Heron
Drive at Lake Worth, but at the end of its lease desires to relocate to park property maintained by
the City's Parks and Community Services Department (PACSD); and
WHEREAS, the City is the owner of a tract of approximately 116 acres of undeveloped
park land known as Wildwood Park North located at 9900 Watercress; and
WHEREAS, the recreation opportunities ofTered by Cowtown Bowman serve a public
purpose in providing park enhancements and an archery practice area that would otherwise not be
available to the residents of the City;
WHEREAS, the City and Cowtown Bowmen desire to enter into this agreement for the
purpose of providing an archery range for practice and tournament play at Wildwood Park North;
NOW THEREFORE, for the mutual consideration stated herein, the parties agree and
understand as follows:
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SECTION I
LICENSED PREMISES
1.01 City grants a license unto Licensee to use and occupy a portion of the following described
property (hereinafter know as the "Premises") for operating, and maintaining an archery range and
practice area:
Wildwood Park North, a community park, located at 9900 Watercress,
Fort Worth, TX 76109. Attachment A delineates the area within
Wildwood Park designated as the Premises for use as an archery range and
practice area.
1.02 The perimeter of the Premises, to be occupied and used by the Licensee shall be delineated
by post and cable where feasible and accessible. The Licensee shall bear the cost of the materials
and maintenance of the post and cable and complete any repairs within 30 days. PACSD is
responsible for roadside parking and roadside post and cable repair.
SECTION 2
TERM OF AGREEMENT
2.01 This Agreement shall be for a period of Ten (10) years commencing on July 1, 2007 and
terminating on June 30, 2017, unless termination is exercised by either party pursuant to the
termination provisions expressed herein. This Agreement may be renewed by mutual, written
consent of all parties for two consecutive five-year renewal periods.
2.02 As consideration for this Agreement, Licensee covenants and agrees to pay to City the sum
of One Hundred Dollars and No/Cents ($100.00) per year. The payments under this agreement shall
continue to be due and payable on or before May 1 st of each successive year of this Agreement. As
further consideration for this Agreement, Licensee agrees to construct, operate, and maintain, at its
sole cost and expense on the Premises, a public recreation facility subject to the covenants and
conditions set forth in this Agreement.
2.03 The terms set forth herein shall govern and control the relationship of the parties during any
renewal period, except that City may increase or otherwise change the license fee for any renewal
period. City reserves the right to terminate this Agreement at the end of the term or any successive
renewal thereof regardless of Licensee's intent to renew.
SECTION 3
TAXES AND OTHER CHARGES; UTILITIES; LIENS
3.01 Licensee shall pay promptly when due all bills or charges for construction or maintenance as
well as any other amounts due for materials, services and labor furnished in connection herewith,
and shall indemnify City for non-payment of same. Licensee shall indemnify City against any
and all mechanic's liens or any other type of claims or liens imposed upon the Premises
arising as a result of Licensee's conduct or inactivity.
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SECTION 4
USE OF PREMISES; COMPLIANCE WiTH LAW; EASEMENTS
4.01 Licensee is given the right to use the property to operate and maintain an archery range and
practice area for the purpose of promoting the sport of archery. The archery range shall consist of
yin Area for ?-D target practice and a wooded area with trails for -D target practice, The ?-D
tar<uets shall remain on the Premises for use by the public. Three-D targets mav be added oi-
rerno\ed at the discretion of Licensee.
4.02 i_.icensee a`,lrees to use the 11a1-k during da\light park hours only. Unless othcr\\ise posted b\
the PA('SD Director. the hours during which the park shall be open are from sunrise to sunset.
Licensee aorees that no electrical or artificial lights of any kind will be utilized by Licensee for the
purpose of archcry practice or competition.
4.03 Licensee aurees it has inspected the Premises and does hereby accept possession of the
Premises "AS IS" and warrants that it has found them in their present condition suitable for all
purposes under this Agreement. free of any hazards or dangerous conditions that vyould be
unsuitable for a place where large numbers of thegeneral public are expected to gather.
4.04 Licensee accepts the property herein described subject to all previous casements, if any. that
may have been ,--ranted on, along, over, under or across said property, and releases City fi-om any
and all dama-es. claims for damages. loss or liabilities that mav be caused to all invitees. licensees.
or trespassers b\ reason of the exercise of such rights or privileges granted in said easements'.
4.05 Licensee covenants and agrees that said Premises shall be operated and maintained in
compliance \\ith all laws. ordinances. rllleS. regulations. and specifications of all federal. state.
coumN. city and other .iovernmental agencies applicable to said Premises now or hereafter in effect
and shall not make or allovy to he made any unlawful, improper. immoral. or offensive use thereof.
Licensee shall not limit the use ofthe Premises by the general public unless Licensee has scheduled
an e\ent. tournament. or meet. Licensee shall abide b\• the Cowtowi Bo\\men's Range Rules
included as Attachment B. Licensee shall submit 1111ended or updated copies of ('mNiown
Bo)vvmen's l:anUIc Rules to 1'A('SD for rcyiew and inciusion in the contract file.
.4.06 Licensee <aL_,rees to hest and publicize events and tournaiilents open to the public.
-Vdmission. entrance. ardor user fees may he charged by Licensee 1c,r the entrance to or use of any
p�-rt or all of the Premises or any: facilities constricted thereon for tournaments and competitions
only. V) 1ecs shall be char-�cd for the general use of the Premises or the target practice areas. All
ices ;hall hay e the pricer N ritten approval of the PACSD Director of the City of Fort Worth. The
amount of any fees to be charged by Licensee is subject to the approval of the PACSD Director.
Tile City understands that a fee differential may be applied to entry fees of non-members of the
Covvtown Bownicn organization for tournaments and competitions. Any fce charoed a non-member
shall rev er he more than $>.00 higher than what a member would pay.
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any person or persons upon said Premises shall result in the immediate removal of that person or
persons from the Premises by the licensee, its, members, agents, or employees.
4.14 Licensee covenants and agrees that it will not permit motorized vehicles, excluding mowing
equipment, on turf areas within the Park without advance written permission by the City. All
vehicles shall remain on paved surfaces.
4.15 Licensee shall have the right to erect temporary signs in compliance with all federal, state
and local statutes, ordinances, rules, regulations and specifications, displaying the facilities and the
sponsorship of the activities by the Licensee, subject to the prior approval of the PACSD Director.
Licensee shall erect signs indicating "No Trespassing — Archery Range" posted around the
perimeter at intervals with the post and cable to inform the public that the area is an archery range.
4.16 If the United States Department of Homeland Security issues a Level Orange or Level Red
Alert, the City, in its sole discretion, may close or postpone the opening of the parks and
community centers in the interest of public safety.
4.17 City does not relinquish the right to control the management of the Premises, or the right to
enforce all necessary and proper rules for the management and operation of the same. City through
its Manager, Parks and Community Services Director, police and fire personnel, and other
designated representatives, has the right at any time to enter any portion of the Premises (without
causing or constituting a termination of the use or an interference of the use of the Premises by the
Licensee) for the purpose of inspecting and maintaining the same and doing any and all activities
necessary for the proper conduct and operation of public property; provided this shall not authorize
or empower City to direct the activities of Licensee or assume liability for Licensee's activities.
4.18 The City reserves the right to modify any improvements made by the License at the
Premises as determined necessary by the Director should any of the following occur:
a. Licensee ceases to maintain the Premises according to this Agreement;
b. The Premises becomes a hazard to the general public;
C. The City determines in their sole discretion, that another use for the Premises exists;
or
d. The City determines in its sole discretion, to make use of the Premises for the
installation of any public utilities or improvements
SECTION 5
MAINTENANCE
5.01 Licensee agrees to keep and maintain the Premises and keep same in a good state of
appearance and good repair (except for reasonable wear and tear) at Licensee's sole cost and
expense. All maintenance, repair and upkeep of the Premises shall be in accordance with all
applicable federal, state and local laws, rules, regulations, and specifications- Licensee shall neither
commit, nor allow to be committed, any waste on the Premises, nor shall the Licensee maintain,
commit, or permit the maintenance or commission of any nuisance on the Premises or use the
Premises for any unlawful purpose.
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5.02 Licensee will do all work and make aII repairs necessary or advisable to keep the surface of
the Premises from deteriorating in value or condition and to restore and maintain the Premises and
improvements thereon, excepting normal wear and tear. The City shall have the right, through its
agents and representatives, to make inspections of the Premises for any repairs that, in City's
opinion, are necessary to be performed by Licensee upon the Premises. Unless otherwise
specifically agreed to in writing by the City, Licensee covenants and agrees that it will commence
repairs within thirty (30) days from the date that notice from the City is mailed to the Licensee.
Repairs will be made in an expeditious and workmanlike manner. In the event that Licensee shall
fail to undertake such repairs within the time provided, it is understood and agreed that City may,
within its discretion, make such repairs as it may deem necessary, and Licensee shall pay the cost of
the repairs upon demand by City following the completion of such repairs.
5.03 If improvements constructed on the Premises are substantially damaged or destroyed by fire
or any other casualty, Licensee shall, within thirty (30) days from the date of the damage or
destruction, begin to repair, reconstruct, or replace the damaged or destroyed improvement and
pursue the repair, reconstruction, or replacement with reasonable diligence so as to restore the
improvement to substantially the condition it was in before the casualty. But if beginning or
completing this restoration is prevented or delayed by war, civil commotion, acts of Clod, 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 enumerated or not, the time for
beginning or completing the restoration (or both) will automatically be extended for the period of
each such delay.
5.04 Collection and proper disposal at an off-site location of trash, garbage, litter and debris will
be the responsibility of Licensee, at its sole cost and expense. Licensee shall remove trash, garbage,
litter, and debris from the Premises on a weekly basis. Licensee shall provide dumpster on
premises with regularly scheduled disposal, but not less often than once every two weeks for
routine use of the area and within 24 hours after a scheduled tournament or event
5.05 Licensee may mow and trim the area at its sole cost and expense. Licensee shall remove all
trash and litter from the entire area prior to initiating any mowing of the turf area. Trim guards
shall be used on line trimmers when working around trees. Turf shall be cut in a manner so as not
to scalp turf or leave areas of uncut grass. With prior written approval of the PACSD Director,
Licensee may prune trees and clear brush. PACSD shall provide current Forestry guidelines for
pruning and trimming with written approval of the PACSD Director. All debris resulting from
pruning and clearing shall be removed by Licensee. Licensee shall keep the area in as natural state
as possible.
SECTION 6
IMPROVMENTS, REPLACEMENTS, ADDITIONS, AND REMOVALS
6.01 Licensee covenants and agrees that City shall in no way nor under any circumstances be
responsible for any property belonging to Licensee, its members, employees, agents, contractors,
subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way
damaged, and Licensee hereby indemnifies and holds harmless City from and against any and all
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such claims. The City does not guarantee police protection and will not be liable for any loss or
damage sustained by Licensee, its members, employees, agents, contractors, subcontractors,
invitees, licensees, or trespassers on the Premises.
6.02 Licensee shall be permitted to have storage on-site. The storage areas shall be no larger than
40 feet by 20 feet by 8 feet. Licensee shall limit storage sites to three sites. Storage areas shall be
kept in good repair and secured from entry by the general public.
6.03 Licensee shall be permitted to provide standard picnic tables with an awning cover.
6.04 PACSD shall replace post and cable to delineate parking area and provide and spread gravel
for initial set-up of lot. Licensee shall be responsible for maintaining parking area. PACSD may
assist as funds and staff allow. Licensee may alter parking area as needed with prior written
approval by PACSD Director before construction begins.
6.05 Any future improvements on the Premises shall be submitted in writing for approval to
PACSD before any work begins. PACSD will assign a representative to assist in implementation of
the project, who will be responsible for approving the plans for future improvement within the
recreational area prior to construction, and for final inspection of the improvement prior to use by
the Licensee or the general public.
SECTION 7
INDEMNIFICATION
7.01 LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS
OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) LICENSEE'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
LICENSEE, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS
(OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO ARCHERY OR
THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT~ OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH LICENSEE AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
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SECTION 8
INSURANCE REQUIREMENTS
8.01 Licensee shall, prior to the execution of this Agreement, procure, pay for, and maintain the
following insurance written by companies approved by the State of Texas and acceptable to the
City. The insurance provided shall apply to and be in effect during all maintenance required by and
identified in this Agreement, and covering all events, tournaments, and meets held or sponsored by
Licensee. The insurance shall be evidenced by delivery to City of executed certificates of insurance
and/or certified copies of policies as determined by City. Licensee covenants and agrees to obtain
and keep in force during the term of this Agreement, Commercial General Liability Insurance,
including Personal Injury Liability, Independent Contractor's Liability, and Contractual Liability
covering, but not limited to, the liability assumed under the indemnification provisions of this
Agreement, with limits of liability for Bodily Injury (including death) and Property Damage of not
less than One Million Dollars ($1,000,000). Coverage shall be a Combined Single limit Per
Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an
insurance company satisfactory to the City. The City of Fort Worth shall be named as an
Additional Insured.
The insurance policy shall include the following:
1) The term of insurance is for the duration of this Agreement. Insurance coverage is
renewed yearly with no lapse in coverage for the term of the lease.
2) The policy shall require that thirty (30) days prior to cancellation or any material
changed in coverage, a notice shall be given to City and by certified mail;
3) Insurers shall have no right of recovery or subrogation against the City of Fort
Worth, it being the intention that the insurance policy shall protect all parties to the
agreement and be primary coverage for all losses covered by the policies;
4) Company issuing the insurance policy shall have no recourse against the City of Fort
Worth for payment of any premiums or assessments for any deductibles which all
are at the sole risk of Licensee;
5) The terms "Owner", "City", or "City of Fort Worth" shall include all authorities,
Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and
the individual members, employees, and agents thereof in their official capacities
and/or while acting on behalf of the City of Fort Worth; and
6) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's self-insured retention of
whatever nature.
8.02 Licensee hereby waives subrogation rights for loss or damage against the City, its officers,
agents, and employees for personal injury (including death), property damage, or any other loss.
8.03 Licensee shall not do or permit to be done anything in or upon any portion of the Premises,
or bring or keep anything therein or thereupon which will in any way conflict with the conditions of
any insurance policy upon the Premises or any part thereof, or in any way increase the rate of fire
insurance upon the Premises or on property kept therein, or in any way obstruct or interfere with the
right of other tenants of the Premises, or injure or annoy them.
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8.04 The City may terminate this Agreement immediately upon failure of the Licensee to provide
acceptable documentation of insurance as required by this Section.
8.05 Certificates of insurance evidencing the above required insurance shall be presented to the
City prior to execution of this Agreement and annually by the expiration date shown on the
insurance certificate.
8.06 The City of Fort Worth shall be named as an Additional Insured on Licensee's insurance
policy as to the Premises, including building improvements thereon. All insurance and insurers for
policies of the insurance required herein shall be acceptable to the City of Fort Worth. Licensee
shall require any and all sub-licensees to maintain liability insurance at the limits specified herein
for the licensee, and licensee's insurance shall provide coverage for any and all sub-licensees in the
event any sub-licensee fails to have insurance coverage in effect if a claim arises out of their
operations, products, product delivery or any other action attributable to a sub-licensee.
SECTION 9
CHARITABLE ORGANIZATION
9.01 Licensee agrees that if it is a charitable organization, corporations, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or
other applicable law, that Licensee hereby expressly waives its right to assert or plead defensively
any such immunity or limitation of liability as against City. Copy of the documentation stating this
organization's status is due annually to the address specified for Parks and Community Services in
Paragraph 18 of this document.
SECTION 10
SUBLETTING AND ASSIGNMENT
10.01 Licensee covenants and agrees that it will not subcontract or assign all or any part of its
rights, privileges or duties under this Agreement without the prior written consent of City and any
attempted subcontract or assignment of same without such prior consent of City shall be void. If
assigned per the written consent of the City, Licensee agrees to ensure that any assignee or
sublessee will comply with all terms, provisions, covenants, and conditions of this contract.
Assignment or subletting of this Agreement shall not relieve Licensee from any of its obligations
under this Agreement.
10.02 Subject to the limitations contained herein, the covenants, conditions and agreements made
and entered into by the parties hereto are declared to be for the benefit of and binding upon their
respective successors, representatives and assigns, if any.
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SECTION 11
EVENTS OF DEFAULT BY LICENSEE; REMEDIES OF CITY, AND TERMINATION
11.01 It is expressly provided that City shall have the right to terminate this Agreement without
cause upon thirty (30) days written notice to Licensee. It is expressly provided that Licensee shall
have the right to terminate this Agreement without cause upon thirty (30) days written notice to
City. On the dissolution of Licensee, this Agreement shall terminate by operation of law.
11.02 In the event the Agreement is terminated or Licensee is evicted from the Premises for any
reason, City shall not be responsible for any personal property of Licensee remaining on the
Premises at the time of said eviction or termination, and said personal property shall be deemed
abandoned by Licensee if such remains on the Premises at any time subsequent to the termination
of the Agreement. On the dissolution of Licensee, this Agreement shall terminate by operation of
law.
11.03 Licensee covenants and agrees that in the event of a breach of any covenant contained
herein by Licensee, then and in that event, the City may, at its option declare this Agreement
forfeited and terminated as to the balance of the term.
11.04 On or before the date of expiration of this license or its cancellation by Licensee, Licensee
shall vacate the Premises, remove all property of Licensee there from and restore the Premises to a
condition satisfactory to the Parks and Community Services Director. If the City revokes this
Agreement, Licensee shall vacate the Premises, remove said property, and restore the Premises
within such time as the Parks and Community Services Director of the City of Fort Worth shall
reasonably designate. In either event, if Licensee shall fail or neglect to remove said property and so
restore the Premises, then said property shall become the property of the City, without
compensation and no claim for damages against the City or its officers or agents shall be created by
or made on account thereof.
11.05 If the Premises or any portion thereof shall be destroyed or damaged by fire or other
calamity so as to prevent the use of the Premises for the purposes and during the periods specified
in this Agreement or if the use of the Premises by Licensee shall be prevented by act of God, strike,
lockout, material or labor restriction by any governmental authority, civil riot, flood, or any other
like cause beyond the control of the City, then this Agreement shall terminate and Licensee hereby
waives any claim against City for damages by reason of such termination.
SECTION 12
REMEDIES; NO WAIVER
12.01 The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the breach
occurred.
SECTION 13
INDEPENDENT CONTRACTOR
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13.01 Licensee shall conduct all activities on the Premises as an independent contractor, and not as
an officer, agent, servant or employee of City, Licensee shall have exclusive control of and the
exclusive right to control the activities performed on the Premises and all persons performing same
and shall be responsible for the acts and omissions of its members, officers, agents, employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not
apply as between City and Licensee, its members, officers, agents, volunteers, employees,
contractors, subcontractors, licensees, and invitees; and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Licensee.
SECTION 14
NON-DISCRIMINATION/DISABILITIES
14.01 Licensee, in its construction, maintenance, occupancy, use, or operation of the Premises,
shall not discriminate against any person or persons because of race, age, gender, religion, color,
national origin, sexual orientation, or disability. Licensee shall comply with the Americans with
Disabilities Act (ADA) and Minority and Women-owned Business Enterprises (M/WBE)
requirements that would pertain to the City of Fort Worth in the absence of this Agreement.
SECTION 15
LICENSES AND PERMITS
15.01 Licensee agrees that Licensee will obtain and pay for all necessary permits, licenses and
taxes incurred or required in connection with the operation of the Premises.
15.02 With the use and/or provision of amplified or non-amplified music in a City of Fort Worth
facility, Licensee agrees to assume full responsibility for complying with the Federal Copyright
Law of 1978 (17 U.S.C. 101, et seq.). This law states that the user is responsible for abiding by
royalties, copyrighted works, and securing permission from artists/performers for any music used.
15.03 Copy of the documentation stating this organization's status as a 501(3)(c) entity is due
annually, by October I" of each, to the address specified for the Parks and Community Services
Department in Paragraph 20 of this License.
SECTION 16
VENUE AND JURISDICTION
16.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be
in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
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SECTION 17
WAIVER, SECTION HEADINGS, AND SEVERABILITY
17.01 It is agreed that, in the event any covenant, condition or provision herein contained is
held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition
or provision shall in no way affect any other covenant, condition or provision herein contained;
provided, however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either Licensee or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this Agreement.
SECTION 18
NOTICES
18.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid,
certified mail, return receipt requested, and addressed to the other party as follows:
City: Licensee:
Parks and Community Services Department Cowtown Bowmen
4200 South Freeway, Suite 2200 9942 Boat Club Road
Fort Worth, TX 76115 Fort Worth, TX 76179
With copy to:
Benita Falls Harper
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, TX 76102
Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed postage
prepaid and addressed as specified above, unless either party has been notified in writing of any
changes. All time periods related to any notice requirements specified in this Agreement shall
commence either on the date notice is mailed, or on the date notice is received by the party to whom
it is sent, depending on the terms specified in the Section requiring the notice.
SECTION 19
MISCELLANEOUS PROVISIONS
19.01 It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers.
19.02 This written instrument constitutes the entire Agreement by the parties hereto concerning
the lease of the facilities and obligations of the parties and any prior or contemporaneous oral or
written agreement which purports to vary from the terms hereof, shall be void. It is understood and
agreed that all the provisions of this Agreement are applicable except where specifically modified
by Addendum A, in which case such Addendum shall apply.
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19.03 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for
or against any party, regardless of the actual drafter of this Agreement.
19.04 The provisions and conditions of this Agreement are solely for the benefit of the City and
Licensee, and any lawful assign or successor of Licensee, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
19.05 By executing this Agreement, Licensee's agent affirms that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard to
Licensee's identity, address and legal status (corporation, partnership, individual, etc.) are true and
correct.
IN WITNESS WHE F the said part s h veI her to set their hands and sea] of office to
duplicate originals on this�_ day of �A�i 2007.
CITY O FORT WORTH COWTOWN BOWMEN
e
B ' By: ce 1P
ibby W n Todd ool, President
Assistant City Manager Cowtown Bowmen
Approved to form and legality:By:
Assistant C4 Attorney
Benita Falls Harper
ATTEST
City Secretary
Contr- A thorx2atiora
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COWI"OWN BOWMEN FLANGE RULES
1 Children under 17 years of age must be accompanied by a parent
2 Broadheads are not .allowed on range at any time.
3 Absolutely no sky drawing Bows must be drawn down to range towards
target or backstops.
4. No alcoholic beverages may be carried or consumed on range at any time.
5. Please be sure the area behind and around the target is clear of living
creatures and objects that could be endangered.
6 If you must look for a lost arrow please place your bow in front of the target,
so others will know you are behind the target.
7 Hunting is not allowed on this range at any time No guns.
8 At the practice range shoot only the target in front of you, do not shoot across
another lane and shoot from the static line
9 Wait until all arrows have been shot before going down range to pull arrows
10.No glass containers
11 No open fires.
12..Always close and lock the gate unless a public shoot is being held or a work
party
13.Be considerate of other shooters and guests.
14.Treat Cowtown Bowmen property with respect, vandalism and theft will be
prosecuted
15.Think safely and shoot safely, let everyone have fun
ATTACHMENT B
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007
DATE: Tuesday, July 17, 2007
LOG NAME: 80ARCHERY REFERENCE NO.: C-22257
SUBJECT:
Authorization to Enter into a License Agreement with Cowtown Bowmen Archery Club for Use of an
Undeveloped Park known as Wildwood Park North as an Archery Range
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a License Agreement with
the Cowtown Bowman Archery Club for use of an undeveloped park known as Wildwood Park North,
DISCUSSION:
Cowtown Bowmen Archery Club (CBAC) is a non-profit organization founded in 1961 to promote the
practice of archery and to conduct a continuous program designed to acquaint the public with the sport of
archery. In order to accomplish this goal, the CBAC has approached the Parks and Community Services
Department requesting a lease agreement to utilize a portion of Wildwood Park North , to build a static line
target range and a 3D target range for both practice and local competition events. Wildwood Park North is a
116-acre undeveloped park located on Watercress Drive on the western edge of Lake Worth (see attached
map).
The CBAC would furnish all materials and labor to build and maintain the facilities, and insure that all safety
rules and regulations are complied with during any event held on the property. The CBAC is currently
covered by two separate $1 million dollar liability insurance policies through the Archery Shooters
Association and the International Bowhunting Organization. During their 46-year history they have
maintained an outstanding safety record.
Over the years, the CBAC has been associated with the Boy Scouts of America, other youth organizations
and has assisted with the promotion of youth archery. CBAC has several youth members who shoot
statewide resulting in the award of many medals. Further, CBAC provides archery instruction, along with
bowhunter and hunter education courses, offered by the Texas Parks and Wildlife Department.
Major provisions of the contract will include a ten year primary term, with two renewal options of five year
each, $100.00 per year payment, concession rights with all proceeds going back into the operation and
improvement of the facility, a 30-day termination clause and standard insurance and indemnification
coverage.
On April 25, 2007, the Parks and Community Services Advisory Board approved a recommendation to the
City Council to authorize a License Agreement with the Cowtown Bowmen Archery Club to utilize Wildwood
Park North as an archery range.
Wildwood Park North is located in COUNCIL DISTRICT 7 and this proposed facility will service the entire
city.
Lo,_,name: 80ARCHERY Pa-e 1 of
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Parks and Community Services Department will be responsible for
the collection of revenues.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 432602 0807021 $100.00
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Melody Mitchell (Acting) (5704)
Additional Information Contact: Sandra Youngblood (5755)
Logname: 80ARCHERY Page 2 of 2