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HomeMy WebLinkAboutContract 28959 CITY SECRETAF?y CONTRACT STATE OF TEXAS § !V� COUNTY OF TARRANT § THIS LICENSE AGREEMENT is made and entered into this 5 f' day of 2003, by and between the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as the "City") acting by and through its duly authorized Assistant City Manager, and the Youth Sports Council of Fort Worth, Inc. a non-profit corporation, located at 3612 West Vickery, Fort Worth, Texas (hereinafter referred to as "Licensee") acting by and through its duly authorized representative. WHEREAS, The First Tee, a division of the World Golf Foundation, Inc., intends to designate the Youth Sports Council of Fort Worth, Inc. as its local chapter in Fort Worth; and WHEREAS, The First Tee Program seeks alliances with non-profit entities to make golf available for those who''otherwise would not have access to the game and its positive values; and WHEREAS, The First Tee Chapter program is a golf industry initiative supported by the Professional Golf Association, the Professional Golf Association Tour, the Ladies Professional Golf Association and other organizations interested in promoting the game of golf to the youth in the community; and WHEREAS, in order for the Youth Sports Council of Fort Worth, Inc. to become certified as a First Tee chapter status, the use of a golf facility is required; and WHEREAS, the City of Fort Worth has offered the use of the driving range at the city-owned Rockwood Park and Golf Course in Fort Worth for the use by Youth Sports Council of Fort Worth, Inc. for the development of the First Tee Chapter and program; and ' WHEREAS, the use of land owned by the City as a First Tee Facility for the purposes of conducting The First Tee programming will meet the land and facility requirements; and WHEREAS, the City will continue to own and o erate the golf course and park at Rockwood Park and Golf Course; y� C 1i I :J[ w'l � :.�4L GNP: NOW, THEREFORE,the.City and the Licensee covenant and agree as follows: 1. PREMISES. That for and in consideration of the use of the Premises and the performance of L the mutual covenants and agreements. herein contained and in consideration of the payment by the Licensee to the City, City hereby covenants and agrees to permit the Licensee the use of a certain portion of Rockwood Parr and Golf Course, including, but not limited to, three holes with yardages, short game practice area with bunkers for hitting, chipping and putting, and an area for the "academy" clubhouse consisting of a portable building for use as a clubhouse/learning center, office and storage, the same being located in Fort Worth, Tarrant County, Texas, and being more particularly depicted on Exhibit "A" (hereinafter referred to as "the Premises") attached and incorporated herein for all purposes incident to this Agreement, for the purpose of conducting First Tee programming and related activities by the Licensee. I 'PERM. The primary term of this Agreement shall consist of fifteen (15) years commencing on August 1, 2003, and ending on August 31, 2018. Licensee must notify the City in writing no later than ninety (90) days prior to the beginning of each license period of 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 with no further obligation, monetary or otherwise, on the part of Licensee or.City. 3. LICENSE FEES, That for and in consideration of the payment by Licensee to the City of the sum of One and No1100 Dollars ($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 Exhibit "A" being attached hereto and incorporated herein to this license agreement for the use as a First Tee golf facility. 2 The parties agree that all consideration detailed in this Agreement fairly compensates City for the license granted by City and City acknowledges receipt and acceptance of this consideration. Payment of the annual license amount shall be made at the Administrative offices of the City of Fort Worth Parks and Community Services Department on or before the I" day of July each year of this license or, in.the alternative, Licensee may pay the entire primary license fee of Fifteen Dollars ($15.00) at the execution of this License Agreement. 4. USE of PREMISES. (a) The primary use of the Licensed Premises by the Licensee is to plan, promote and implement programs at the facility for all youth, including physically and mentally disabled and disadvantaged and minority-youth under The First Tee Program. (b) Licensee, at Licensee's expense; shall be responsible for the maintenance of the Licensed Premises, including any mowing, fertilizing, or any other costs related to the operation of the Licensed Premises and The'First Tee Program. Licensee shall maintain the Licensed Premises to City standards,including, but not limited to, mowing every two weeks during the growing season. (c) Licensee and City agree that the Licensed Premises will be open for use by the public at the discretion of the Licensee. (d) Licensee, at Licensee's own expense, shall be responsible for the construction of the facilities on the Premises as required by The First Tee program, including, but not limited to, three holes with yardages, short game practice area with bunkers for hitting, chipping and putting, and the "academy" clubhouse consisting of a portable building for use as a clubhouse/learning center, office and storage. (e) It is the responsibility of the" Licensee to assume all costs relating to improvements and the 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 Parks 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 Licensee on the Premises. Licensee shall submit a site plan to the Parks and Community Services Director 3 indicating the placement of all structures, buildings and/or appurtenances. The Parks and Community Services Director must approve all site plans prior to Licensee placing any structures, buildings and/or on the Premises. (f) The Licensee covenants and agrees that it will not make or suffer any waste, unlawful, improper or offensive use of the demised Licensed Premises or any part thereof and shall comply with all federal, state and local laws, including all ordinances and regulations of the City and other governmental agencies applicable to the Licensed Premises. (d) Any additional electrical or utility service required by the Licensee shall be furnished at the sole expense of the Licensee. Licensee must obtain written approval from the City of Fort worth Parks and Cornmunity Services Director prior to placing any permanent utility improvements on the"Premises. Any permanent utility Improvements shall become the property of the City at the'end of each annual license period. (f) No structures, buildings and/or appurtenances of any kind shall be placed on said Premises within the drip line of any trees unless approved by the Parks and Community Services Director. (g) No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Premises of the City without the consent of the city. 4. CONDITION OF PREMISES. (a) Licensee covenants and agrees,that it shall take the Premises as the Licensee finds it. Licensee agrees that Licensee has examined the Premises prior to the execution of this Agreement and is satisfied with the physical condition of the Premises for the purposes related to this Agreement. Taking possession of the Premises by the Licensee for the license period shall be conclusive evidence of its receipt of the Premises in a safe, sanitary and acceptable condition and in good repair, except for those conditions that are not in good repair which the Licensee provided City written notice of and which City failed to reasonably correct. (b) Licensee, at Licensee's own expense, shall keep the Premises and maintain all equipment and other properties of the City in a safe, sanitary and acceptable condition and in good repair. Licensee shall restore and yield said Premises, equipment, and all 4 other properties belonging to the City back to the City at the expiration of the license period or termination of this Agreement in good or better condition, ordinary wear and tear excepted, as existed at the commencement of this Agreement and in which Licensee found them. (c) Licensee will pay the costs of repairing (to its condition immediately preceding the occurrence of such damage) any damage which may be done to the Premises or any of the fixtures, structures, or the natural environment by any act of Licensee or any of Licensee's employees, agents, officers, or anyone visiting the Premises upon the invitation of the Licensee including the patrons of the attraction or function for which Licensee hereby is leasing the Premises. The City shall determine in its reasonable judgment whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the Agreement, the Licensee is responsible. City shall provide Licensee with documentation of alleged damages and costs to repair such damage. (d) Any damage by the Licensee or others incident to the exercise of privileges herein granted shall be repaired or replaced by the Licensee to the reasonable satisfaction of the City within thirty days of receipt of written notification from the City. (e) 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 parks; provided this shall not authorize or empower City to direct the activities of the Licensee or assume liability for Licensee's activities. (0 Upon prior notice to the City, The First Tee Chapter, its accountants, attorneys, agents, and representatives shall have the right to enter the Licensed Premises at any reasonable time to inspect the facility, its maintenance and operation and, upon reasonable notice to Licensee, examine and inspect and copy the books and records of the Licensee relating to The First Tee program. 5 f. THE FIRST TEE NAME, LOGO, AND MARKS. The Licensee shall conduct all sales of merchandise containing The First Tee name, logo and/or marks from The First Tee of Fort Worth clubhouse or on any other part of the Licensed Premises. No merchandise containing The First Tee name, logo and/or marks shall be sold by the City or placed for sale in the City's pro shop. Licensee shall be responsible for the payment of any percentage of the sales of merchandise produced by the Licensee 7. COMPLIANCE WITH LAWS AND REGULATIONS. (a) It is agreed that Licensee will comply with all federal, state, and local laws, statutes Including all ordinances, charter provisions, rules and regulations of the City of Fort Worth; including all rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments; in connection with the this Agreement and use of said Premises and any other regulations of any municipal authority of the City of Fort Worth which apply to the Licensee's use of the Premises as contemplated by this Agreement. (b) Licensee shall comply with-all Parks and Community Services Department regulations, policies, and specific requirements for the golf program and shall coordinate with City staff with regard to use of the Premises. (c) Licensee will not knowingly do-or suffer to be done anything on said Premises during the terms of this Agreement in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Agreement. If the City calls the attention of Licensee to any such violation on the part of said Licensee or any person employed by or admitted to said Premises by Licensee, Licensee will immediately desist from and correct such violation and/or vacate the Premises. (d) Licensee shall obtain and pay for all necessary permits, licenses, and taxes from any governmental agency with jurisdiction thereof and to pay lawful taxes in connection with the use of the Premises and the associated golf program. 8. INDEMNIFICATION. Licensee covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, City, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal 6 injury, including death, to any and. all persons, of whatsoever kind or character, whether real or asserted, arising out of the work and services to be performed hereunder by Licensee, its officers, agents, employees, subcontractors, licensees or invitees, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE ALLEGED NEGLIGENCE OF THE OFFICERS SERVANTS EMPLOYEES OF THE CITY; Licensee likewise covenants and agrees to, and does hereby, indemnify and hold harmless .f City from and against any and all injuries, damage, loss or destruction to property of City during the performance of any of the terms and conditions of this Contract, WHETHER ARISING OUT OF IN WHOLE OR IN PART ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS,OR EMPLOYEES OF CITY. 9. INSURANCE. Prior to the time Licensee is entitled to any right of access to or use of the Premises, Licensee shall procure, pay for .and maintain the following insurance written by companies approved by the State of.Texas and acceptable to City. 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, Comprehensive General Liability Insurance, Including Personal Injury Liability, Independent Contractors 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 City. The City of Fort North shall be named as an Additional Primary Insured in the body of the policy (s), or in an Addendum thereto. Said insurance shall provide coverage for theclaims arising from the condition of the Licensed Premises and the act(s)-and omisions s of the officers, servants, or employees of the City. City reserves the right to review and adjust insurance requirements at any time during the term of this Agreement. The insurance policy shall include the following: 7 a. The term of insurance is for the duration of each Event, which includes the period from the right of access to set-up through the period allowed for removal of property; b. The policy shall require that thirty (30) days prior to the cancellation or any material change in coverage, a notice shall be given to City by certified mail; C. 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; d. 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; e. 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; f. Said insurance shall provide coverage for the condition of the Licensed Premises and the act(s) and omisions(s) of the officers, servants, or employees of the City; and g. 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. Licensee hereby waives subrogation rights for loss or damage against City, its officers, agents and employees for personal injury (including death), property damage or any other loss. 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 the other tenants of the Premises, or injure or annoy them. The City may terminate this Agreement immediately upon the failure of the Licensee to provide acceptable documentation of insurance as required by this Agreement. 10. WAIVER OF IMMUNITY. 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. 11. RESPONDEAT SUPERIOR. The doctrine of respondeat superior shall not apply as between the Licensee and City and nothing contained in this Agreement shall be deemed to constitute City and Licensee as partners or joint venturers with each other, nor shall the Licensee be considered to be an agent, representative or employee of the City. Licensee shall have the exclusive control of and the right to control its employees and the details of its operation on the Premises and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 12. DISCRIMINATION. Licensee agrees that, during the use of the Premises, Licensee will not subject anyone to discrimination in any way because of the person's race, color, sexual orientation, national origin, age or handicap. No one can be excluded from the Premises or denied the benefits of the Premises because of person's race, color, sexual orientation, national origin, age or handicap. 13. TERMINATION AND CIRCUMSTANCES CONSTITUTING DEFAULT BY THE LICENSEE The City of Fort worth reserves the right to modify the Premises, including structures or improvements placed on City property by Licensee, as determined necessary by the Parks and Community Services Director or designee. Termination of this Agreement without cause may be by either party upon thirty (30) days written notice. Said termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party. Upon termination, the parties shall be released from all obligations contained in this Agreement, except for the Indemnification section in Paragraph S of this Agreement. 9 City may at its option, declare Licensee in default by giving Licensee written notice of default on the occurrence by any of the following events: a. Expiration or cancellation of any insurance policy to be paid for by Licensee as provided for in this Agreement; b. Involuntary transfer of Licensee's interest in this License by operation of law; c. Licensee's assignment of any interest in this License; d. Institution by or against Licensee of any proceedings in bankruptcy or insolvency or the reorganization of Licensee under any law or the appointment of a receiver or trustee for the goods and property of Licensee, or any assignment by Licensee for the benefit of creditors; e. Failure of the Licensee to provide acceptable documentation of insurance as required by this Agreement; f. Failure of Licensee to maintain its designation as a First Tee local chapter; or g. Licensee fails to comply with any term, provision, or covenant of this Agreement. 14, RIGHTS_,_REMEDIES AND OBLIGATIONS ON DEFAULT If the Licensee defaults, and if a notice of default is given as specified in this Agreement and the default remains uncorrected for fifteen (15) working days, City may exercise any one or more of the following remedies: a. Termination of the License and Licensee's rights under this License as to any or all items of the Licensed Property; b. Repossession of the Licensed Property without legal process, free of all rights of Licensee in and to the Licensed Property. By this provision, Licensee expressly authorizes City or Licensee's agent to enter any premises owned or controlled by Licensee, or Licensee's agents and assigns, where the property is located for the purpose of repossessing and removing the Licensed Property. Licensee specifically waives any right of action Licensee might otherwise have arising out of the entry and repossession, and releases City from any claim for trespass or damage caused by reason of the entry, repossession, or removal. Any repossession of one particular item under this License with respect to which Licensee is in default does not constitute a termination of this License as to any other items, unless City expressly so notifies Licensee in writing. If Licensee defaults, Licensee shall reimburse City for all reasonable expenses for repossession and enforcement of City's rights and remedies. Further, the remedies of City set forth in this section are cumulative to the extent permitted by law and may be exercised partially, concurrently or separately. The exercise of one remedy does not preclude the exercise of any other remedy. In addition, any failure or delay of City to exercise any remedy or right under this License is not a waiver. 10 i 15. SALE OR ENCUMBRANCES Licensee may not part with possession or control of the Licensed Property. Nor may Licensee sell or mortgage, or attempt to sell or mortgage any of the Licensed Property. Licensee may not otherwise dispose of or attempt to dispose of any Licensed Property or any interest under this License except as specifically permitted in this License. Further, Licensee may not pledge, encumber, create a security interest in or permit any lien to become effective on any Licensed Premises. On the occurrence o1E any of theses events, Licensee will be in default. In addition, Licensee must promptly notify City of any liens, charges, or other encumbrances of which Licensee has knowledge. Licensee must promptly pay or satisfy any obligation from which any lien or encumbrance arises. Licensee must deliver to City appropriate satisfactions, waivers or evidence of payment of any lien or encumbrance. 16. RETURN OF PROPERTY ON ExPIRATION OF AGREEMENT On the expiration of the'' license term, or on any earlier termination of the Agreement, License must return any and all of the Premises to City in good repair, condition and working order, less normal wear, tear and depreciation. All personal property required to be surrendered must be returned to City by delivering the property at Licensee's cost and expense, to such place as City specifies. If Licensee fails or refuses to return the Premises to City at the expiration of the license term or at some earlier termination of this Agreement, City has the right to take possession of the property without legal process and free of all rights of Licensee in and to the property. 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 received when deposited in the United States mail so addressed with postage prepaid: 11 CITY: Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 Facsimile Number: 817-871-5724 WITH COPY TO: Sarah Fullenwider Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Facsimile Number: 817-871-8359 LICENSEE: Youth Sports Council of Fort Worth, Inc. Tavaasa Mamea, Jr, 3 612 West Vickery Blvd. Fort Worth, Texas 76107 Facsimile Number: 817-732-9677 Either party may change its address for the purpose of the License by giving written notice of the changed address to the other party as provided in this section. . 18. INDEPENDENT CONTRACTURINO PARTNERSHIP The doctrine of respondeat superior shall not apply as between the Licensee and City and nothing contained in this Agreement shall be deemed to constitute City and Licensee as partners or joint venturers With each other, nor shall the Licensee be considered to be an agent, representative or employee of the City. Licensee shall have the exclusive control of and the right to control its employees and the details of its operation of the Licensed Property and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 19.AMENDMENTS, MODIFICATIONS AND WAIVER This License may not be amended, modified or altered in any manner except through a written document executed by both parties' duty authorized representatives. 12 20. ADDITIONAL PROPERTY ADDED TO THE LICENSE AGREEMENT Additional property may, from time to time, be added as the subject matter of this License as agreed by the parties. This may be done only through a written document signed by both parties. 21. ENTIRE AGREEMENT This License and the attached exhibits constitute the entire agreement between City and Licensee. No agreements, representations or warranties other than those specifically set forth in this License are binding on any of the parties and any predecessor license or agreement in.conflict herewith is rescinded to the extent of conflict. 22. CHOICE OF LAW This License has been executed and delivered in the State of Texas and shall be interpreted and construed in accordance with the law of Texas. 23. SEVERABILITY In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as if such invalid, illegal or unenforceable provisions were never contained herein. 24. VENUE Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 25. FORCE MAJURE. 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 license Agreement or if the use of the Premises by Licensee shall be 13 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 contract shall terminate and Licensee hereby waives any claim against City for damages by reason of such termination. 26. SEVERABILITY. In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as if such invalid, illegal-or unenforceable provisions were never contained herein. 27. AUTHORIZATION. 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. S f- '� EXECUTED on this the da y of , 2003. ATTEST: CITY OF FOR ORTH By. a City, ecretary Assi nt ' y tnager Approved as to form and legality: YOUTH SP S COUNCIL DAVID YETT, CITY ATTORNEY FORT R B Gam" . �� B � y Assistant City ttorney T aasa Air a Jr., Exe e r ONO antract Authorization 14 Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , Assistant City Manager, know to me to be the person whose name is subscribe to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he 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 the day of , 2003. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, Tavaasa Mamea Jr. authorized representative for Youth Sports Council of Fort Worth, Inc., know to me to be the person whose name is subscribe to the foregoing instrument, and acknowledged to me that the same was the act of the Youth Sports Council of Fort Worth, Inc. and that he executed the same as the act of the said Youth Sports Council of Fort Worth, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIA UN ER M HAND AND SEAL O FFI CE, this the day o , 200 plow Notary Public Nndw for the State of Texas �v ham:.-rsv � MARILYN H. ISAACS Notary Public ic * * STATE OF TEXAS y q� p My Comm.Exp. 1��0312U�5 15 ., , 11.g 7:\. ..ark s'' .. ' � 'Ic �'�p,,, . .•q.•w. I. . :I S`+ �I•:,.: .1 . � �� $ } y p Qtr k %:�I - �e_!'.Z`E'E 4" .. r� ,.� i:,. 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Si::: Y Y ^` M1 v. is 7 y ry bar H �';r :- r.,, M1µ: t x t� x 1. g��" t d r x +." kci.. s t z >b, R<t w..r..... Q ..,<.. .. :.,s, .:s�.' 11 il.. ~,\•5. f iN ..11 ss ?:"Z-,., g% ,os e...11\.'� ,•4.- .. }:fir. ..iC.: :. e Al- . 9,o .'•''.A. '.i I.r.z, 3,;'' f d�''. ,x,. .%f" ' ri w °� • "gam , >: . f r r 4' r - '' �r. ,• ?! . .0 . a t•. s -t§ x-.r.s. 1%a' 1 44 w �� �A City of Fort Worth, Texas lyvel-vor 01"01 C C DATE REFERENCE NUMBER LOG NAME PAGE 7/22/03 C 9671 80YSCRWD 1 of 2 -1 SUBJECT AUTHORIZATION TO CONTRACT WITH YOUTH SPORTS COUNCIL OF FORT WORTH, INC. FOR USE OF THE ROCKWOOD PARK DRIVING RANGE FOR THE FIRST TEE PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Youth Sports Council of Fort Worth, Inc. to lease the Rockwood Park driving range as a site for the First Tee Chapter of Greater Fort Worth. DISCUSSION: In recent months, staff has had preliminary discussions with the Youth Sports Council of Fort Worth, Inc. (YSC) regarding the possible use of the Rockwood Park driving range facility as a home site for the First Tee Chapter of Greater Fort Worth (First Tee). The YSC has made formal application to the First Tee to obtain the chapter, with one of the requirements being that a facility be built or leased to serve as "home"for the chapter. The proposed contract would have a term of 15 years with two, five-year options. The YSC would pay the City $1.00 per year for consideration of this lease. The area of land is approximately 10.86 acres of land (Exhibit "A" of the proposed contract is a map of the area). The range would be operated by local First Tee staff and volunteers and would be open to the public for a fee that would help support the program at times not being used for junior golf activities. The First Tee would assume all operating costs and improvements to the facility. The PGA of America, Ladies Professional Golf Association, the PGA Tour, Augusta National Golf Club, the United States Golf Association, the Golf Course Superintendents Association of America, and the American Society of Golf Course Architects support the First Tee, an initiative of the World Golf Foundation. In addition, the National Recreation and Park Association supports this effort through its member chapters. The First Tee has as its mission "to impact the lives of young people around the world by creating affordable and accessible golf facilities primarily to serve those who have not previously had exposure to the game and its positive values." Their emphasis is developing life skills and leadership through golf. The Parks and Community Services Department has been supporting this junior program that began as the Lindy Miller Foundation for Junior Golf, and other programs such as the Roaring Lambs, and Golf 2 Kids with instruction and access, as well as conducting its own youth golf programs. Staff has determined this would be an effective partnership with the YSC to help provide additional recreational opportunities for the youth of the City. This contract was endorsed by the Golf Advisory Committee at its May 7, 2003 meeting, and by the Parks and Community Services Advisory Board on June 17, 2003, at its regularly scheduled meeting. Rockwood Golf Course is located in COUNCIL DISTRICT 2. City of Fort Worths Texas lVna,gor 10 ica ion DATE REFERENCE NUMBER LOG NAME PAGE 7/22/03 CA 967'I 8�YSCRWD � of 2 SUBJECT AUTHORIZATION TO CONTRACT WITH YOUTH SPORTS COUNCIL OF FORT WORTH, INC. FOR USE OF THE ROCKWOOD PARK DRIVING RANGE FOR THE FIRST TEE PROGRAM FISCAL IN FORMATIONICERTIF[CATION: The Finance Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of all revenues due to the City under this contract. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) PE39 481153 0804005 $1.00 Joe Paniagua 6140 Originating Department Head: Randle Harwood(Acting) 5704 (from) APPROVED 07/22/03 Additional Information Contact: Randle Harwood(Acting) 5704