HomeMy WebLinkAboutContract 31304 '.CITY SECRETARY
.fONTRACT No.
01 -17-05AO7 :56 RCVD
CONTRACT AGREEMENT
BETWEEN THE
0201-1- 0 5 P 12 -0 7 R C V D THE CITY OF FORT WORTH
AND THE
SOUTHSIDE YOUTH ASSOCIATION
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH ("City"), a home municipal corporation situated in Tarrant, Denton and
Wise Counties, Texas, and THE SOUTHSIDE YOUTH ASSOCIATION
("'Contractor"), a Texas non-profit organization,both parties acting herein by and through
their duly authorized representatives.
WHEREAS, the Southside Youth Association has been formulated as an
extension of the Youth Sports Program of the City of Fort Worth; and
WHEREAS, this sports outreach is designed to offer youth programming aimed
at assisting high risk youth break the cycle of poverty through an ongoing educational
process of promoting sportsmanship and fair play; and
WHEREAS, participants of the Southside Youth Association can involve
themselves at the Bertha Collins Community Center in healthy physical activity.
NOW THEREFORE, in consideration of the mutual covenants herein expressed,
City and Contractor agree as follows:
11 OPERATING RIGHTS AND DUTIES.
A. City hereby grants to Contractor the license and non-exclusive right to
operate in Bertha Collins Community Center, specifically, the upstairs office,
gymnasium and the kitchen (hereinafter referred to as the "Center"), Monday-
Friday from 5:00pm to 9:00pm except during City programs, holidays or other
activities determined by the City for the purposes of conducting youth team
practices, educational sessions, and coaches trainings as part of youth
programming aimed at assisting high risk youth break the cycle of poverty
through an ongoing educational process of promoting sportsmanship and fair
play. The Center is located at 1501 MLK Freeway, Fort Worth, Texas 76104.
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B. The Center shall operate under the ordinances, rules and regulations of the
City of Fort Worth and the Parks and Community Services and in strict
accordance with all of the terms and conditions provided for in this Agreement.
C. The City shall not be obligated to expend funds over the annual maximum
amount allocated for the Center. In the event the annual appropriation is
exhausted before the end of the City's budget year, the parties agree to
negotiate in good faith concerning any required reduction in resources. 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 Contractor 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.
2, TERM
This Agreement shall be for a license period of three (3) consecutive years
beginning January 15, 2005 and ending January 15, 2008. This is subject to earlier
termination due to non-appropriation of funds and other arising factors as outlined
and provided for in this Agreement.
3. REGISTRATION FEES
A. The Contractor shall agree to pay the annual membership fee of$5.00 for
youth in order for participants to utilize the Center.
B. The establishment of fees is within the sole discretion of the Parks and
Community Services Department Director.
4. RESPONSIBILITIES OF CONTRACTOR
A. It is the responsibility of the Contractor to provide a schedule of practice
dates and times to the City two (2) weeks prior to each indoor basketball
season. . The winter basketball season starts in January an oes Lbraild
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March. The summer basketball season starts in June and end ill
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B. It is the responsibility of the Contractor to also request the use of meeting
rooms and provide a schedule two (2) weeks in advance.
C. Contractor shall provide attendance numbers for both practices and
meetings on a weekly basis to the Athletic Coordinator.
D. Contractor shall request in writing to the Athletic Coordinator of the
Athletics Division any additional programs or activities not related to the
City's Youth Sports Program(hereinafter referred to as the Program).
E. Contractor shall remove and store all equipment at the conclusion of each
day's activities. City is not responsible for loss or theft of equipment,
F. Contractor shall provide volunteer staff to assist City staff with
maintaining and cleaning the Center, including, but not limited to the gym,
meeting rooms, kitchen, offices, and storerooms. At a minimum,
maintaining and cleaning shall consist of, litter control, sweeping,
mopping, dusting, and cleaning windows/glass.
G. Contractor shall follow the policy adopted by the Youth Sports Council of
Fort Worth, Inc. for accepting all volunteer coaches into the leagues.
Policy: It is the responsibility of the YSC to provide background checks
on all coaches before being accepted into the league as a coach. offenses
such as drug related crimes, felonies, assault and or battery, illegal
possession of firearms, and physical or sexual abuse will result in
termination of the coach from the youth sports program.
H. Contractor shall adhere to all policies and procedures set forth by the City,
including all program and facility rules and shall assist City staff to ensure
that all policies and procedures are followed.
I. Contractor shall keep accurate Records of all teams participating at the
Center. Upon request by the City, Contractor must supply the City with
any Records pertaining to the Center or Program. Records are defined as
"team rosters, coaches registrations, and participant birth certificates."
J. Contractor shall insure that all participants including coaches and
volunteers have current City issued membership cards.
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K. Contractor shall enter an agreement with the Sports Advisory Council of
Fort Worth to sell concessions at the Center and City parks and provide a
copy of this Agreement to the City before the execution of concession
sales. The Contractor will pay $350 per quarter to sell concessions at the
Center and City parks. Contractor shall abide by state and local health
codes. Contractor must display all required health permits at all times.
L. Within five (5) days of the execution of this Agreement, Contractor will
provide the City with an inventory list of equipment, furniture, and any
other items at the Center not supplied or purchased by the City.
Contractor shall provide the City with an amended inventory list with
thirty days after any equipment furniture, and any other items are
removed from the Center or purchased by the Contractor at any time
during the term of this Agreement. This inventory list must be submitted
on an annual basis on or before January 31"of each contract year.
M. As per the City of Fort Worth and Youth Sports Council program
operations manual adopted in 2002, players guilty of fighting on the
field/court before and during games shall receive a two game suspension.
The suspension will include the current game, if in progress, and one
additional game. If the fighting occurs after a game, the suspension will
be for the next two games. In addition, players/managers/coaches guilty
of using profanity, either by word or sign, against other players, coaches,
spectators, umpires, league administrators, city officials, or any other
person just before, during, or immediately after a game or practice shall
receive a warning and/or an ejection from the next game. All such matters
shall be promptly reported to the Athletic Coordinator and/or Recreation
Programmer. If the aforementioned should occur either during Youth
Sport games and/or at Bertha Collins Community Center, the contractor
shall be placed on immediate written probation. If such problems persist,
the contract shall be subject to termination.
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The Contractor shall assist City staff in distributing program evaluations to
Bertha Collins Sports Club participants at the conclusion of seasonal
sports program.
N. Contractor shall comply with all federal, state, and local laws, regulations,
and ordinances related to any of its operations of the program. In the
event of any noncompliance, Contractor shall immediately correct issue at
its own cost and expense.
5. RESPONSIBILITIES OF CITY
A. The City will provide facilities when available, for all sport programs and
special events. These facilities will include both indoor and outdoor
sports. The City shall have the sole responsibility for-opening and closing
all City facilities as well and determining closures dates and times due to
unforeseen circumstances as determined by the Athletic Coordinator.
B. The City will provide a part-time Recreation Aide to be the on-site contact
for the Center. The City will also provide a Recreation Programmer and
Athletic Coordinator to periodically supervise the Center and staff during
Center operating hours.
C. In an effort to obtain feedback from program participants, the City is
required to distribute program evaluations to participants, parents, and
volunteer coaches. These evaluations will be distributed four times a year.
G. JOINT RESPONSIBILITIES OF THE CITY AND CONTRACTOR
A. The Athletic Coordinator of the City is the primary representative for all
correspondence affiliated with the administration and coordination of the
Center between the Contractor and the City.
B. The City and Contractor shall meet once a month, at a time and place
convenient to both parties to monitor contract compliance.
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C. Contractor and City employees shall not engage in conduct that could be
determined to be detrimental to the public trust. Such conduct shall
include, but not be limited to, public intoxication, fighting, criminal
activity, illegal drug activity, discourteous treatment of others, slandering
or defaming public officials, appointees or staff or any other conduct
which could damage or harm the public's perception or trust of the City
and any of its officials, appointees or staff.
7. REVENUES AND PAYMENTS
A. Contractor shall provide separate accounting reports for all revenues and
expenditures to the Athletic Coordinator directly affiliated to the City of
Fort Worth Youth amount equal Sports Program. The accounting reports
should be submitted in four quarterly installments on the first Monday of
October, January, April, and July.
B. Contractor shall pay all utility and gas bills, not exceeding $5,000
annually, of the Center associated with the operating hours of the
Southside Youth Association as presented to the Contractor by the City.
These payments are to be made in four quarterly installments on the first
day of October, January, April and July. Payments shall be remitted to
Haws Athletic Center at 600 Congress Street, Fort Worth Texas, 76107.
Utilities will be evaluated annually to determine payment.
8. NONDISCRIMINATION/EQUAL OPPORTUNITY
Contractor shall not discriminate on the basis of race, color, creed, religion, sex,
age, military status, disability, sexual orientation or national origin in the
performance of this Agreement,
9, ASSIGNMENT
Contractor may not assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to any party without the prior written consent of
the City, which consent shall not be unreasonably withheld or delayed, con
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on (1) the prior approval of the assignee or successor and a finding by the City
Council that the proposed assignee or successor is financially capable of completing
this Agreement and (2) the proposed assignee or successor has executed a written
agreement with the City under which it agrees to assume all covenants and
obligations of Contractor under this Agreement, in which case such assignee or
successor shall thereafter be deemed "Contractor" for all purposes under this
Agreement.
10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate as an
independent contractor in each and every respect hereunder and not as an agent,
representative or employee of the City. Contractor shall have the exclusive right
relative to the terms of this Agreement and shall be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. Contractor acknowledges that the doctrine
of respondeat superior will not apply as between the City and Contractor, its
officers, agents, servants, employees, contractors, subcontractors, licensees an
invitees. Contractor further agrees that nothing in this Agreement will be construed
as the creation of a partnership or joint enterprise between the City and the
Contractor.
11, INDEMNITY
CONTRACTOR 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) CONTRACTOR'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS,
RELATED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
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 CONTRACTOR
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS.
12. INSURANCE
During the term of this contract, Contractor shall maintain in full force and effect, at
its own cost and expense, the following minimum insurance coverage:
A. Commercial General Liability Insurance with no exclusion in policy,
naming the City as additional insured, and having the following minimum
policy limits: $1,000,000 each occurrence, $1,000,000 annual aggregate
limit, With the policy written on an occurrence basis.
B. Automobile Liabilit Insurance with a policy limits of$1,000,000 dollars
each accident, or reasonably equivalent split limits approved by the City's
Risk Manager.
C. workers Compensation--In the event the contractor hires paid employees,
workers compensation shall be required. Statutory worker's compensation
insurance with policy endorsed to provide a waiver of subrogation as to
City, and Employees' Liability Policy of insurance with coverage of not
less than $100,000 each accident, $500,000 Disease-policy limit, and
$100,000 disease — each employee. Provided, however, that to the extend
permitted by law and approved by City's Risk Management Department,
Contractor may provide alternative coverage such as occupational accident
insurance in lieu of statutory worker's compensation insurance. The
insurer, limits, terms, and scope of coverage under such alternative
insurance must be acceptable to the City's Risk Management Department.
D. Additional Insurance Re uzrements
1. The City of Fort worth shall be made an additional ins r� i; _ L
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by endorsement, on the Contractor's applicable insurance policy
or policies,with the exceptions of Contractor's automobile
liability insurance and workers' Compensation.
2. Applicable insurance policies shall be endorsed with a wavier of
subrogation in favor of the City.
3. The insurers shall be authorized to do business in the State of
Texas or otherwise be approved by the City; and, the Contractor's
insurers shall be acceptable to the City as to their financial strength
and solvency.
4. The deductible limit on any of the policies shall not exceed
$10,000 per occurrence or per accident unless otherwise approved
by the City.
5. The City shall be notified a minimum of thirty(30) days prior to
insurer action in the event of cancellation, non-renewal, or material
change on coverage. The agreement to provide such notice shall
be endorsed on the Contractor's policies.
6. Certificates of insurance documenting required coverage shall be
provided to the City. A copy of any or all policies shall be
provided upon request.
7. In the event that Contractor becomes aware of any damages
sustained by third parties, or a claim thereof, or occurring at the
Licensed Premises, the City shall be notified as soon as possible.
8. All notices provided pursuant to this section shall be provided in
accordance with the notice requirements of this contract.
13. FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war; civil
commotion; acts of God; inclement weather; governmental restrictions, regulations,
or interferences; fires; strikes; lockouts, national disasters; riots; material or labor
restrictions; transportation problems; or any other circumstances which are
reasonably beyond the control of the party obligated or permitted under the terms of
this Agreement to do or perform the same, regardless of whether any such
circumstance is similar to any of those enumerated or not, the party so obligated or
permitted shall be excused from doing or performing the same during such period
of delay, so that the time period applicable to such design or construction
requirement shall be extended for a period of time equal to the period such party
was delayed.
14. SIGNS
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Contractor shall not place any advertising sign or other advertisements upon the
Licensed Premises, any other public property, or upon any vehicle used by or its
customers in the performance of this Agreement without the prior written approval
of the Parks and Community Services Department.
15, BREACH, TERMINATION,AND REMEDIES
A. Either party may terminate this agreement, without cause and for any reason,
upon thirty(30) days written notice to the other party.
B. Condition of Default. The following conditions will constitute a breach of
this Agreement and default hereunder:
1. Failure of Contractor to maintain the insurance coverage's required by
the agreement shall be grounds for immediate termination by the City.
2. Failure of the Contractor to perform any of its other obligations under
this Contract when due or called for, and the Contractor fails to cure
such default within thirty (30) days after written notice from the City
of such default; provided, however, that if the nature of the default is
such that it cannot be fully cured within said thirty (30) day cure
period, the Contractor shall have additional time as is reasonably
necessary to cure the default, so long as the Contractor is proceeding
diligently to complete the necessary cure after service of noticc by the
city.
3. Creation of any lien or purported lien on the Licensed Premises by the
Contractor, which is not extinguished within ten (10) days.
4. Contractor fails to comply with any term, provision, or covenant of
this Agreement.
C. Termination /Remedies. If any of the conditions identified in Section (B),
above, should occur and the Contractor does not cure the default, the City may elect
to terminate this contract immediately and seek all other remedies provided under
law and equity.
The right to terminate this contract pursuant to this section shall be cumulative of
any other remedies available to the City or Contractor at law or in equity for a
breach of this contract. All such remedies may be exercised concurrently,
whenever, and as often as the need therefore arises. Waiver of any breach does not
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constitute any continuing wavier or a wavier of any subsequent breach of this
contract.
15. APPLICABLE LAW; VENUE
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement,venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District
of Texas — Fort Worth Division. This Agreement shall be construed in accordance
with the laws of the State of Texas.
17. NOTICES
All, notices required or permitted under this Agreement may be given to a party
personally, by facsimile, or by mail, addressed to such party at the address stated
below or to such other address as one party may from time to time notify the other
in writing. Any notice so given shall be deemed to have been received when
deposited in the United States mail so addressed with postage prepaid. Notice by
telegram or overnight express delivery service shall be deemed effective one (1)
business day after transmission to the telegraph company or after deposit with the
express delivery service. Notice by personal delivery shall be deemed effective at
the time of personal delivery. Notice may also be given by means of electronic
facsimile transmission ("fax"); provided, however, that in order for a fax notice to
be deemed effective, the party giving notice of fax shall provide a hard copy of the
faxed notice thereafter to the other party pursuant to one of the methods of hard
copy delivery specified in this section. For purposes of notice, demand, request
reply, or payment the address shall be:
CITY OF FORT WORTH
Parks and Community Services Department
Attention: Northeast Region Senior Administrative Assistant
4200 South Freeway, Suite 2200
Fort Worth, Texas 75115 171%
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FAX: (817) 871-5724
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With Copy to:
Sarah Fullenwider, Assistant City Attorney
1 000 Throckmorton Street
Fort Worth, Texas 76102
FAX: (817) 871-8359
CONTRACTOR:
Bertha Collins Sports ClublSouthside Youth Association
Attention: Patrick Brown
4817 Cole St.
Fort Worth, Texas 76115
Each party shall have the right to designate a different address within the United
States of America by giving in conformity with the Section.
18. NON-APPROPRIATION
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 Contractor 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.
19. PARAGRAPH HEADINGS AND CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
20. ASSIGNMENT AND SUCCESSORS
Contractor may not assign, transfer or otherwise convey any of its rights or
obligations under this Agreement to any party without the prior written consent of
the City, which consent shall not be unreasonably withheld or delayed, conditioned
on (i) the prior approval of the assignee or successor and a finding by the City
Council that the proposed assignee or successor is financially capable of completing
this Agreement and 11 the proposed assignee or successor has executed
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agreement with the City under which it agrees to assume all covenants and
obligations of Contractor under this Agreement, in which case such assignee or
successor shall thereafter be deemed "Contractor" for all purposes under this
Agreement.
21. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND
REGULATIONS
Contractor covenants and agrees that it shall not engage in any unlawful use of the
Licensed Premises. Contractor further agrees that it shall not permit its officers,
agents, servants, employees, contractors, subcontractors, patrons, licensees or
invitees to engage in any unlawful use of the Licensed Premises and Contractor
immediately shall remove from the Program any person engaging in such unlawful
activities. Unlawful use of the program by Contractor itself shall constitute an
immediate breach of this Agreement. Contractor agrees to comply with all federal,
state and local laws; all ordinances, rules and regulations of City; all rules and
regulations established by the Director; and all rules and regulations adopted by the
City Council, as such laws, ordinances, rules and regulations exist or may hereafter
be amended or adopted. If City notifies Contractor or any of its officers, agents,
employees, contractors, subcontractors, licensees or invitees of any violation of
such, laws, ordinances, rules or regulations, Contractor shall immediately desist
from and correct the violation.
22. GOVERNMENTAL POWERS
It is understood that by execution of this Agreement, the City does not waive or
surrender any of it governmental powers
23. CONTRACT CONSTRUCTION
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.
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24. NO THIRD-PARTY BENEFICIARIES
The provisions and conditions of this Agreement are solely for the benefit of the
City and Contractor and any lawful assign or successor of Contractor and are not
intended to create any rights, contractual or otherwise, to any other person or entity.
25. SEVERABILITY
If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
EXECUTED on this th Tft day of L���. , 2005.
CITY OF FORT NORTH: ATTEST
By: By: f\V\&t "
L40/bby Watson City Secretary-
Assistant City Manager Fort Worth, Texas
BERTHA COLLINS SPORTS CLUB
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By•
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Patrick Brown, President D a L e
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
B •
Assistant Ci Attorney
STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Libby Watson, known to me as the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the City of Fort Worth and that Libby Watson executed the same as the act
of the said City of Fort Worth for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this v2 day
of , 2005.
Notary Public in and for the t,��., eSELLA BARNES
o,� ,c.:
STATE OF TEXAS *: s NOTARY PUBLIC
COUNTY OF T T �„ t State of Texas
o Comm. Exp.03-31-2005
BEFORE ME, the undersigned a ority, a Nota Public in and for the State of
personally ��
Texas, on this ersonall a eared C 'g , known
to me as the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of Bertha Collins Sports Club, and that
he/she executed the same as the act of Bertha Collins Sports Club/ the said for the
purposes and consideration therein expressed and in the capacity therein stated
I ER MY HAND AND SEAL o OFFICE THIS GIVEN V UNDER F � C S day
of N tL A--(2 U , 2005.
K-A
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Rhonda G Woods
Notary Public i an or the State of Texas
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� P iss;on Expires
OF Ju1Y}0 2005
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