HomeMy WebLinkAboutContract 22338 LICENSE AGREEMENT
STATE OF TEXAS § a ti_;h t,A
COUNTY OF TARRANT §
WHEREAS, Larry Gumfory, D.V.M. is the owner of certain real
property abutting Krauss Baker Park, a public park owned by the
City of Fort Worth; and
WHEREAS, Krauss Baker Park currently has no off-road parking
facilities; and
WHEREAS, Dr. Gumfory has proposed the construction of a
parking lot in Krauss Baker Park which would serve both users of
the Park and employees and clients of his veterinary clinic on his
property; and
WHEREAS, the City's Parks and Community Services Department
evaluated the proposal and found that a parking facility would
complement the existing recreational amenities, and provide off-
road parking thereby promoting a safer situation for park users;
and
WHEREAS, the City Council approved the execution of this
agreement by its passage of M&C C-15751 on November 5, 1996;
NOW THEREFORE, THIS AGREEMENT is made and entered into by and
between the CITY OF FORT WORTH, TEXAS (CITY) , a home-rule
municipal corporation situated in Tarrant and Denton Counties, and
Larry Gumfory, D.V.M. (LICENSEE) .
1.
LICENSE OF PREMISES
(a) City grants a license and permission to Licensee to
construct at his sole expense a parking lot on the following
described City park property:
That certain property described in Exhibit A, said
Exhibit being attached hereto and incorporated as if
set out in full herein (hereinafter the Licensed
Premises) .
(b) After construction in accordance with this agreement
and written acceptance by the City, the parking lot improvements
shall become the property of the City.
(c) After completion of the parking improvements and their
acceptance by the City, Licensee is granted ._lcense and permission
for th e parking of motor hides n the Licensed Premis by
employees and clients of his r terinary clinic a:xr nit a na
.$5
office hours during the term of this Agreement. U,sers
fj' l' t r
W.
Baker Park will be permitted to park on the Licensed Premises at
all hours when the park is open for use.
2.
CONSTRUCTION, MAINTENANCE AND OPERATION
(a) All construction and maintenance of the parking
facilities on the Licensed Premises shall be in accordance with
the Charter, Ordinances and Codes of the City of Fort Worth.
(b) All plans and specifications for the parking
improvements on the Licensed Premises subject to the prior written
approval of the City's Parks and Community Services Director (the
Director) . Approval shall not relieve Licensee of the
responsibility and liability for the concept, design and computa-
tion in preparation of the plans and specifications, and Licensee
hereby releases City from any responsibility or liability
therefor.
(c) The Licensed Premises and parking improvements thereon
shall be constructed, operated and maintained by Licensee at no
expense to the City.
(d) Licensee shall provide litter control on the Licensed
Premises.
3.
TERM
The primary term of this Agreement shall be for twenty (20)
years, commencing on the date of execution of this Agreement.
Thereafter, this Agreement shall be automatically renewed for a
single twenty (20) year renewal term, unless Licensor or Licensee
shall give written notice of termination to the other party within
ninety (90) days of the expiration of the term.
4.
CITY NOT RESPONSIBLE FOR DAMAGE
Should it become necessary at any time for City to repair,
replace, maintain, remove, enlarge, expand or otherwise alter i�
any way its public facilities or utilities located in, under, on
or over the Licensed Premises, and provided that City uses
reasonable efforts to minimize damage or other adverse
consequences to the Encroachment, City shall not be -responsible
for any damage or other adverse consequences resulting therefrom
to the Licensed Premises or to the Licensee.
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5.
INDEMNITY
Licensee shall indemnify, hold harmless, release and defend
City, City's officers, agents, and employees, from and against any
and all liability related to the design, construction, use,
maintenance, location or existence of the Licensed Premises,
unless such liability arises from the sole negligence or willful
acts of City, City's officers, agents or employees.
6.
NO CONVEYANCE OF RIGHT, TITLE OR INTEREST
Licensee covenants, agrees and acknowledges that this
Agreement is for the sole purpose of permitting Licensee to
construct, maintain and use the Licensed Premises pursuant to the
terms herein and is not a conveyance of any right, title or
interest in or to the Licensed Premises or other City property.
7.
NO LIENS ON LICENSED PREMISES
Licensee shall take no action resulting in a lien of any kind
being filed against the Licensed Premises. If any lien is
recorded against the Licensed Premises or any buildings or
improvements thereon, Licensee shall cause it to be removed or, if
Licensee wishes in good faith to contest the lien, take timely
action to do so, at Licensee's sole expense. If Licensee contests
the lien, Licensee shall defend, indemnify and hold harmless City
from and against all liability for damages occasioned thereby.
8.
DEFAULT; REMEDIES
(a) If Licensee defaults in the performance of any covenant
or term of this Agreement and does not correct the default within
thirty (30) days of written notice of default, City may declare
this Agreement and all rights and interests created by this
Agreement terminated.
(b) Any termination of this Agreement as provided herein
will not relieve the party from any obligation hereunder at the
time of termination, or any claim for damages then or previously
accruing against the party under this Agreement. All of a party's
rights, options or remedies hereunder will be construed to be
cumulative, and no one of them shall be deemed exclusi,,e of the
other. A party may pursue any or all such remedies or any orher
remedy or relief provided by law, whether or not stated 'nerein.
(c) No waiver by City of a breach of any of the covenants
�L - -
or conditions of this Agreement may be constr,,_ied as a ,,,aiver of
any succeeding or preceding breach of the sa.me or any ot hez
3
covenant or condition of this Agreement.
9.
SOLE AGREEMENT; AMENDMENT
This writing constitutes the sole and only agreement between
City and Licensee. No prior or contemporaneous written or oral
agreement of any nature exists to alter or modify the terms of
this Agreement. No amendment, modification or alteration of this
Agreement shall be binding unless in writing, dated subsequent to
the date of this Agreement, and duly executed by the parties.
10.
NOTICES
(a) All notices required or permitted under this Agreement
by either party to the other shall be in writing and may be
effected by personal delivery or registered or certified mail,
return receipt requested, addressed as follows:
CITY:
Parks and Community Services Director
Parks and Community Services Department
4200 South Freeway, Suite #2200
Fort Worth, Texas 76115-1499
LICENSEE:
Larry Gumfory, D.V.M.
3313 Park Lake
Fort Worth, Texas
76133
(b) Either City or Licensee may change the address to which
notice shall be sent by giving notice of such change to the other
party in accordance with the provisions of this Section.
11.
ASSIGNMENT
This Agreement may not be assigned in whole or in part by
Licensee without the prior written consent of the City Manager,
which shall not be unreasonably withheld. Notwithstanding the
forgoing, Licensee may assign his rights hereunder as collateral
security to the Bank of Commerce or other lender. in the event
that said Bank or other lender exercises any sight it may have
upon default to foreclose upon or otherwlse sell or obtain the
interest of Licensee hereunder, said Bank or other successor
Licensee (including any purchaser from or assignee gnee of Bank or
other lender) shall succeed to the rights of Licensee hereunder,
sublect to the provisions of the foliowing sentence and upon such
successor's 'written agreement to be bound by the terms hereof
4
is expressly understood and agreed, however, that consent may be
withheld, in the City Manager's sole discretion, for any
assignment which would have the effect of materially increasing
the number of motor vehicles parked on the Licensed Premises or
the hours of parking to the potential detriment of the use of the
Licensed Premises by users of Krauss Baker Park.
12.
CHOICE OF LAW; VENUE
(a) This Agreement shall be governed by the internal laws
of the State of Texas.
(b) Should any action, at law or in equity, arise out of
the terms of this Agreement, venue for said action shall be in
Tarrant County, Texas.
EXECUTED on this, the
day of
1996.
LICENSEE:
LARRY GUMFORY, D.V.M.
APPROVED AS TO CITY OF FORT WORTH
FORM AND LEGALITY:
By: rz
Assis—ta- City Attorney Libby Watson
Date: (;�,AL Assistant City Manager
AT T E5,f Y
_j
5
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally
appeared Larry Gumfory, D.V.M. — , known to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 13th day of
December 1996.
S DRA
M_D'_RA__S_WH_
W!,mmmim EXPIRES Notary Public in and for said
July 8
y
WY 8,19W State of Texas
My Commission expires:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE, E, the undersigned authority, on this day personally
appeared ��LLA)," - V:0�_�� k> , Assistant City
— L
Manager for City of Fort Worth, a home-rule municipal corporation,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed and
as the act and deed of said cornoration.
VEN UNDER MY HAND AND SEAL OF OFFICE this the - - -day of
1996.
0"ti J
Nc�tafy Public i and for say d-
0
State of Texas
9,
My colturdission expires:
6
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PYTITRI If' "A"
4,,J7 of Fort Wiorlh, leixas
117civor and Council Communication
DATE REFERENCE NUMBER PAGE
80BAKE
"os -TAE m
1 of 2
SUBJECT DO1-,J ATION OF PARKING LOT IMPROVEMENTS AND LICENSE AGREEMENT AT
KRAUSS BAKER PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1 Acce.,�,,t a donation of a constructed parking Jot in Krauss Baker Park from Larry Gumfory,
DA/.M.; and
2. Execute a license agreement allowing clients and employees of Larry Gumfory, D.V.M,, to
use th- Proposed parking lot during normal office hours.
DISCUSSION:
In -h-ine 1996, the Parks and Community Services Department (PACSD) was approached by Dr.
Larry Gun,�foiy about the possibilities of constructing a parking lot in Krauss Baker Park. The
proposed Fsarking lot would serve both park users and clients of the adjacent veterinarian clinic.
Present, no off road parking facilities exist in Krauss Baker Park,
'The PACSD evaluated the proposal and found that a parking facility could complement the
existing recreational amenities. In particular, this facility could provide off road facilities. w hich
would al;ow a safer situation for users of the park. While Dr. Gumfory would be allowed,
i
through a license agreement, to utilize the parking.1 lot during normal office hours, conflicts with
pwk users are not foreseen since traditional high Park usage is during the evening hours and on
r.
ti-;Ie ACSD, Dr. Gumfory fn-r mpr-s-entatives from the Wedgewood, East
Z10-d association (WENA) to gain their ug. (,0r. Harry C. Purser, President of the
VVENA, endorses the proposed parking lot improve
rnen+s,
At �.�vlce of the City's Department of ;lc-�nse agreement would be the proper
to pormit Dr. Gumfory to utilize vhds facillity. The license agreement would be
re6tw"'u-d to use by the veterinarian clinic's emiplu-yees and clients. The agreement will be non-
v'Adhou't the written consent of 'hle P �e. fn addition, the license agreement vi:!,
-e to Construct the f,acilit-
v ti ,%,ith City construction standardF amid
""Al;wJenance of the parking :;'- er co.-trot, will be the f-s)O,-s
of tl,e
On 7, 1996 the Parks and C r~T -r s 5 Advisory Board revievve'd this
iq rn,o'i 0:
City of Fort Worth, Texas
Meqor and Council Communication
DATE R EFERENCE UMBER LOG NAME --- PAGE
7
11/05/96 C-15751 8OBAKE 2 of 2
StMJECT I DONATION OF PARKING LOT IMPROVEMENTS AND LICENSE AGREEMENT AT
KRAUSS BAKER PARK
The Board concurs with staff's recommendation to the City Council to 1) accept a donation of
a constructed parking lot in Krauss Baker Park from Larry Gumfory, D.V.M., 2) enter into a
license agreement with Larry Gumfory D.V.M. to use the proposed parking lot during normal
office hours and 3) that the Wedgewood East Neighborhood Association review and approve the
landscape plans of the proposed facility prior to construction.
The requirement of the Board to gain the neighborhood association's input to the landscape
improvement associated with this project will be conducted by the PACSD.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City funds.
LW:m
Submitted for City'Maaagvr's FUND CENTER AMOUNT CITY SECRETARY
Office by:
Libby Watson
Originating Department iiead: CITY M i m
RichArd Zavaki olm
i Contact:
Richaid Zn,ak