HomeMy WebLinkAboutContract 54104 CSC No.54104
LICENSE AGREEMENT FOR MOBILE RECREATION SUMMER DAY CAMP 2020
BETWEEN THE CITY OF FORT WORTH
AND
GETHSEMANE PRESBYTERIAN CHURCH,INCORPORATED
THIS LICENSE AGREEMENT("Agreement")is made and entered into by and between the
CITY OF FORT WORTH,a home rule municipal corporation of the State of Texas("Licensee')
and GETHSEMANE PRESBYTERIAN CHURCH, INCORPORATED, a Texas Nonprofit
Corporation, ("Licensor").
WHEREAS, Licensor is the owner of certain properly located at 960 W Bluff St, Fort
Worth, TX 76102;and
WHEREAS, City, through its Park and Recreation Department, manages and operates a
summer day camp program called Mobile Recreation Summer Day Camp("Program"); and
WHEREAS,the Program is a free,structured, approximately six-week summer day camp
that provides various activities and educational programs for approximately twenty-seven area
children ages 5-14, including, among other things, fitness and athletic programs, fire safety,
environmental education, arts and crafts, indoor and outdoor activities, and cultural programs on
diversity; and
WHEREAS, children that attend the Program also have the opportunity to participate in
off-site walks to Trinity Trail and fishing at the Trinity River;and
WHEREAS, Licensor has offered to allow Licensee to conduct the "Mobile Recreation
Summer Day Camp"at Licensor's facilities; and
WHEREAS, Licensee and Licensor wish to set forth the terms by which Licensee may
use a portion of Licensor's facilities as instructional and classroom space for conducting the
"Mobile Recreation Summer Day Camp;"and
WHEREAS,Licensee and Licensor desire to set out each party's roles and responsibilities
as they relate to the Program;
NOW,THEREFORE,in consideration of the covenants and agreements contained in this
Agreement,Licensor and Licensee hereby agree as follows:
Licensed Premises: Use of Premises. For and in consideration of the agreements of the parties
expressed herein, Licensor does hereby grant to Licensee the use of approximately 5840 square
feet of space located at 960 W Bluff St, Fort Worth, TX 76102 as set forth in greater detail in
Exhibits A and B and the grounds surrounding the church, which are attached hereto and
incorporated herein("Premises"). The Premises will be open to the public and will be used solely
as classroom, instructional, and recreational space for the Mobile Recreation Summer Day Camp
(the"Program")and for no other purpose
OFNUAL RECORD
Page I 1 CITY SECRETARY
License Agreement-Mobile Ree 2020 - Gethsemane Pres Church
FT. WORTH, TX
I.Term and License Fee.
I.I. Term. Unless terminated earlier pursuant to the terms herein, the initial term of
this Agreement shall be effective beginning on the 25t'day of June, 2020 and ending on August
7t', 2020("Primary Term"). The City will provide the Program at the Premises in accordance with
the schedule set forth in Exhibit C, which is attached hereto and incorporated herein for all
purposes, and at no other times. Times may be modified only by the mutual written agreement of
the parties.
1.2. License Fee. Licensee agrees and shall pay to the Licensor as base rent for the
Premises during the said Term, the total sum of 0.00. Licensor and Licensee expressly agree and
stipulate that this Agreement is based on valuable consideration and an exchange of promises that
will be independently beneficial to both parties. Specifically, Licensor agrees that the Licensee
will provide a benefit to Licensor by increasing the literacy of area schoolchildren. Licensor has
accepted this as valuable consideration for its performance of the obligations of this Agreement.
Both parties agree as a condition precedent to executing this Agreement that the consideration is
valuable and sufficient and that neither party shall be able to assert otherwise in the event of
litigation. Nothing herein shall constitute an obligation of Licensee funds. Licensee shall not owe
any amount of money for any reason whatsoever to the Licensor for use of the Premises rendered
in connection with this Agreement. Licensee shall not be liable nor owe any payment, fee, cost,
penalty, or money for any other reason whatsoever to Licensor.
2. Licensor's Duties and Responsibilities. In addition to any other duties and responsibilities
set forth in this License Agreement, Licensor shall:
2.1. Furnish the necessary furniture, existing utilities, including internet, and electrical
power available at the Premises, at all times, for the ordinary and intended use of such, which
includes lighting and water for ordinary and intended use;
2.2. Ensure the Premises is suitable for its intended purpose;
2.3. Provide parking at the Premises sufficient to serve the purpose of the Program,
including,but not limited to,parking for Program staff and parents.
2.4. Permit City to bring into the Premises any equipment and supplies reasonably
necessary to further the purpose of the Program.
2.5. Provide staff to lock and unlock the Premises and arm and disarm any security
system;
2.6. Ensure that a Licensor employee is present at the Premises at all times during
Licensee's use;
2.7. Designate a Licensor employee to serve as the point of contact for logistic and
reporting requirements. The initial point of contact shall be:
Sexton Bernab6 Martinez
Email: bernabemr&gmail.com/Phone: (817) 937-7864)
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
2.8. As soon as is reasonably practical, notify Licensee,through its point of contact,of
any unforeseen closure of the Premises;
2.9. Allow Licensee to photograph, video, graphically depict and publicly display the
Premises, Licensor's employees, and other documentation of the Program for any non-commercial
purpose whatsoever;
2.10. Recognize that the Program is secular and is to be conducted separately and
independently from any religious activities, such as worship, religious instruction, or
proselytization and ensure that Program Participants are not included in or unduly coerced into any
explicitly religious activities during the Program.
2.11. Ensure that Program Participants do not loiter on the Premises after the Program;
2.12. Notify Licensee, through its point of contact, of all complaints received related to
Licensee's use of the Premises.
3. Licensee's Duties and Responsibilities. In addition to any other duties and responsibilities
set forth in this License Agreement, Licensee shall:
3.1. Provide a Program Coordinator to help oversee implementation and supervision
of the Program and work collaboratively with Licensor in the delivery of Program services. Among
other things, City's Program Coordinator will communicate with Licensor on issues related to
support services, including any City equipment necessary for the operation of the Program, use of
other City programs that support this Program, and City staff.
3.2. Assure that there a sufficient number of Licensee employees to satisfactorily
conduct the Program;
3.3. Be responsible for hiring, training, supervising, and terminating City staff on a
Program level.
3.4. Collaborate with community organizations, businesses, and volunteers to support
the Program.
3.5. Obtain parental permission for participation in the Program.
3.6. Provide for the Program to include subjects in the following areas:
a. Health and wellness;
b. STEM curriculum;
c. Life skills;
d. Creative Arts; and
e. Service Learning.
3.7. Make arrangements for United States Department of Agriculture approved snacks.
3.8. Not occupy the Premises beyond the times listed in Exhibit C or at any time during
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
which the Premises is holding religious congregations or services.
3.9. Designate a point of contact and Program Coordinator for Program administration
and logistics. The initial point of contact and Program Coordinator shall be:
Sandra Medina
Email: Sandra.Medina@fortworthtexas.gov
Phone: 817-879-3284
4. Condition of the Premises. LICENSEE EXPRESSLY ACKNOWLEDGES AND
AGREES IT HEREBY ACCEPTS THE PREMISES,AS IS,WHERE IS, AND WITHOUT ANY
WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE
INTENTION OF THE LICENSOR AND LICENSEE TO EXPRESSLY NEGATE AND
EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY,
AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE,CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF
THE STATE OF TEXAS.
5. Security Deposit. Licensor and Licensee each acknowledge and agree that no security
deposit for the Premises has been received by the Licensor from Licensee, and therefore, the
Licensor shall have no obligation to refund any such amounts to Licensee upon the termination of
this Agreement.
6. Utilities and taxes. All utilities and taxes related to the Premises will be paid by the
Licensor.
7. Repairs and Maintenance. If deemed necessary or desirable by Licensor, any such
repairs(including structural repairs) or general maintenance shall be Licensor's sole responsibility
and expense. Licensee shall maintain the Premises as necessary to serve Licensee's purposes
hereunder. Notwithstanding the foregoing, Licensor shall not be obligated to make any repair
necessitated by the negligence of Licensee or by any breach of this Agreement by Licensee.
8. Alterations and Improvements. Licensee shall make no alterations or improvements to
the Premises without the prior written consent of the Licensor. Any Licensee improvements
approved by the Licensor and made by Licensee after the Effective Date which remain on the
Premises after the termination of this Agreement may become the property of the Licensor and may
be disposed of as the Licensor may determine with no liability or obligation to Licensee.
9. Insurance.
9.1. The Licensor shall have no contractual obligation to insure the Premises or any of
Licensee's personal property located thereon or therein.
9.2. Licensee is a self-funded entity and as such may not maintain a commercial
liability insurance policy to cover premises liability. Damages for which Licensee would ultimately
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
be found liable would be paid directly and primarily by the Licensee and not by a commercial
insurance company.
10. Indemnity; Limitation of Right of Recovery against Licensee. Except for the gross
negligence or willful misconduct of Licensee, or a breach of this Agreement by Licensee or its
agents, attorneys, employees, contractors, representatives, officers, directors, and related parties,
Licensor agrees to indemnify and hold harmless the Licensee and its agents, attorneys, employees,
contractors, representatives, officers, directors, and related parties (the "Licensee Indemnified
Parties") of and from any claim, assertion, demand, right, or cause of action arising out of
Licensee's use of the Premises or the performance of this Agreement.
11. Assignment or Encumbrance.
11.1. Without the prior written consent of the Licensor, which maybe withheld in the
Licensor's sole discretion,Licensee may not mortgage,pledge, encumber or assign this Agreement
or sublet the Premises, in whole or in part, to any person, firm, or corporation. Any attempted
sublease or assignment without such consent shall be void and of no effect.
11.2. Licensee agrees to prevent any mechanic's, materialmen's, laborer, or any other
lien from being placed upon all or any portion of the Premises or improvements thereto. In addition
to any other indemnity obligations of Licensee herein, Licensee agrees to hold harmless the
Licensor Indemnified Parties from and against any and all liabilities for damages occasioned by
such liens,to the extent allowed by law.
12. Defaults and Remedies.
12.1. Licensee's failure to perform or observe any covenant or condition of this
Agreement shall, if continuing for thirty (30) days after written notice thereof to Licensee,
constitute an"Event of Default"hereunder.
12.2. This Agreement and the term and estate hereby granted and the demise hereby
made are subject to the limitation that if and whenever any Event of Default shall occur, the
Licensor may, at its option, terminate this Agreement, in which event Licensee shall surrender
possession of the Premises to the Licensor, and in connection therewith the Licensor may enter
upon and take possession of the Premises and expel or remove Licensee after Licensee receives
notice of such Event of Default.
12.3. In the event the Licensor elects to terminate this Agreement by reason of an Event
of Default, then,notwithstanding such termination, Licensee shall be liable to the Licensor for the
sum of any indebtedness accrued to the date of such termination.
13. Termination. Either party may terminate this agreement without cause by providing 30
day written notice to the other party.
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
14. Notices.
14.1. All notices to the Licensor shall be sent to:
Gethsemane Presbyterian Church
960 W Bluff St
Fort Worth,TX 76102
14.2. All notices to Licensee shall be sent to:
City of Fort Worth
Property Management Department
900 Monroe, Suite 404
Fort Worth,Texas 76102
Attention: Lease Management
With a copy to:
City of Fort Worth
City's Attorney Office
200 Texas Street
Fort Worth,Texas 76102
14.3. Mailing of all notices under this Agreement shall be deemed sufficient if mailed
certified, return receipt requested and addressed as specified herein to the other party's address.
All time periods related to any notice requirements specified in this Agreement shall commence
upon the terms specified in the section requiring the notice. In the absence of any such provision,
notice shall be deemed effective on the earlier of actual receipt or three(3)days after mailing.
15. No Options or Rights of First Refusal. It is expressly agreed and acknowledged that this
Agreement is limited to the Premises. Licensee shall have no rights to use from the Licensor any
lands other than this Premises, and all options or rights of first refusal in and to any portion of the
Premises, if any, are hereby expressly terminated.
16. Entire Agreement; Modification. This Agreement shall constitute the entire agreement
of the Licensor and Licensee, and shall supersede any prior agreements, either oral or written,
pertaining to the Premises. This Agreement cannot be changed or modified orally, but only by an
instrument in writing signed by both parties.
17. Waivers. One or more waivers of any covenant, term, or condition of this Agreement by
either the Licensor or Licensee shall not be construed as a waiver of a subsequent breach of the
same covenant, term, or condition. The consent or approval by either the Licensor or Licensee to
or of any act by the other party requiring such consent or approval shall not be deemed a waiver or
render unnecessary consent to or approval of any subsequent similar act.
18. No Partnership. No provisions of this Agreement shall be deemed or construed to
constitute a partnership or joint venture. Licensee shall have no express or implied right or
authority to assume or create any obligations on behalf of or in the name of the Licensor.
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
19. Choice of Law; Venue. This Agreement and the relationship created hereby shall be
governed by the laws of the State of Texas. Exclusive venue for any action brought to interpret or
enforce the terms of this Agreement or for any breach shall be in Tarrant County, Texas.
20. Construction.
20.1. Whenever used herein the singular number shall include the plural and the plural
number shall include the singular. Whenever used herein the masculine gender shall include the
feminine and neuter genders and the neuter gender shall refer to any gender.
20.2. Paragraph headings used in this Agreement are intended for convenience only and
not necessarily to describe the intent of a particular Paragraph and therefore shall not be construed
as limiting the effect of any provision of this Agreement.
21. No Waiver of Sovereign Immunity. Nothing in this Agreement shall be deemed or
construed to waive either party's sovereign immunity.
22. Charitable Immunity. Licensor 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 Licensor hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against Licensee.
23. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
24. Effectiveness. This Agreement shall be binding upon the Licensee only when signed by
its Assistant City Manager and shall be of no force and effect until so executed.
25. Time is of the Essence. Time is of the essence of this Agreement and each and every
provision hereof.
[Signature Page Follows]
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
EXECUTED this Jul 6, 2020 day of , 2020.
LICENSEE: LICENSOR:
CITY OF FORT WORTH,•a home-rule GETHSEMANE PRESBYTERIAN
municipal corporation of the State of Texas CHURCH,INCORPORATED
Valerie Washington(Jul 6,202014:11 CDT) DouglaYR.Williamson(Jul 1,202012:47 CDT)
Valerie Washington Elder Douglas Williamson
Assistant City Manager Clerk of Session
APPROVAL RECOMMENDED:
By. Richard Zavala for Dav' rmk(Jul 6,20201. CDT)
David Creek
Acting Director,Park&Recreation Department
Approved:
Iallt�
By. Sandra You ngblood(i uV9,202009: DT)
Sandra Youngblood
Assistant Director,Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
gaff '
By. Matt M u rray(Ju 16,2020 :45CDT)
Matthew Murray
Assistant City Attorney
No M&C required. Ordinance No. 24161-04-2020
ATTEST: •r ;...:' ;,
Mary Kayser
City Secretary �:1 •$t "f
Form 1295:Not required
M&C:Not Required `.
OFFICIAL RECORD
Page 18 h CITY SECRETARY
License Agreement-Mobile Rec 2020 - Gethsemane Pres Church b FT. WORTH,TX
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible for the monitoring and
administration of this contract,including ensuring all performance and reporting
requirements.o , -Mn(�
t(t
a
Sandra Medina(Jul 6,2020 08:18 CDT)
By:
Sandra Medina
Program Coordinator,Mobile Recreation
FNICUAL RECORD
CP'n'SECRETARY
Goa WORTH, TX
Page 9
License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
Exhibit"A"
Premises
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Page 10
License Agreement
Exhibit`B"
Premises Floorplan
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Page 10
License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
Exhibit"C"
. FoRTWORTIL,
tee.
J
'rl Mobile REC Summer Day Camp 2020
*June 22-Aug 7 Registration online
Dates
*June 22-26 Recreation Leader Orientation and Training
*June 26 Parent Conference-
*June 29 -Aug 7 Camp dates
*July 3 Independence Holiday- No Camp
Locations:
Gethsemane Presbyterian Church
960 W. Bluff Street
Hours of Operation
Monday-Friday
9:00 AM-3:00 PM
Staff will be on site from 8am -4pm
Mornings Mobile REC is located in nearby Parks
Afternoons Mobile REC located in 4-6 classroom/portables
Free Summer Lunches and Snacks provided Monday through Friday to children
17 and under.
Activities-
Recreational Activities
Worth Reading Program w/Fort Worth Public Library
STEM Science Experiments-Engineering Adventures
Arts and Crafts
Drama- Puppet Theater
Lego Robotics Lab
Character Development
Gardening, Biking, Kayaking, Archery, Angler
Collaborations
Read Fort Worth
City of Fort Worth Library
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church
City of Fort Worth-Fit Worth
Fort Worth Nature Center
4-H and Youth Development Cooperative Extension Program
Girls Inc. -science stem activities for girls
Girl Scouts YES! Program
First TEE
Sycamore Sports Clinic
Youth Leaderships Skills- Neighborhood Services
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License Agreement-Mobile Rec 2020 - Gethsemane Pres Church