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HomeMy WebLinkAboutContract 19470 CITY SECRETARY CONTRACT NO:�� LICENSE AGREEMENT COUNTY OF TARRANI 925 STATE OF TEXAS WHEREAS , t1m Department of the Army is the owner of a tract of approximately 665 acres of land and water in the Renbrook Dam and Reservoir area ; and WFEREAS , the Secretary of the Army granted to the City of Fort Worth , Texas , a lis ense . by written agreement deBignalned as City Secretary Contract 470U . as amended . for a period of 50 years commencing on MijaQ I , 1962 and ending on July 31 . 2012 , to use and occupy said 665 acres fur parks and recreation purposes ; and WKEREAS , the Fort Worth Youth Soccer Association , Inc . , has rerAjeste& that the Park and Fie,[ reat ion Board of Lhe City of Fort, Worth approve the use of a portion of said I.and by the Fort Worth Youth Soccer Au w; ia t 1 on . Inc . for the of ope'r'-_O' i.fig i-:1 public recreation facility thereon ; Wobj , THrinu mr. The City of Fort Worth , a home rule municipal corporation in Tarrant County , Texas , hereinafter referred to as "City " and the Fort Worth Youth 5occer Assrici at, inn , Inc . , a non-profit, corporation , duly orqrinize�J h[ider the lowo of the State of Texas , hereinafter referred to aq "Licensee" , hereby make and enter into the Following licens" nureement :: rea 13611 FT. MITI X. I .. city grants a I ice"Se IWO I !l',,3 e ancl ocr.,kirjy the following described prorwrty for constructing , operating and maintaining a public rpereaLinn fah-[ My : A pnrtion of Pecan Val ley Park , approximately 32 acres , nded by Hon nimirntyqd led !;p i I I=y charmail cui Lhe southeast , by the park limits at the dam from the "ncontrol pi 1. 1.w a Y C I ta n no I i r I '�i i ior L [iw�.--�s 1,er [y dire giro to Lake Ride Drive and from Lakeside Drive to the uncontrolled spillway rhaHnel , as shown in blue on Exhibit "A " , attached hereto and made a part thereof . Any agreement for the iise of an acfilif, ional site or Mes by the Licensee may he ackomp I i sheal , i n t tic discretion of City either by supplemental agreement hereto , or by a separate license agreement , requiring the prior written approval of the District Engineer ca the Army Corps of Engineers . 2 .. As consideration for this agreement , Licensee covenants and agrees to pay to City t1w sum of One Dollar and No/Cents ( $1 .00 ) per year . The initial payment under this ayreeme.alt shall be due and payable on or he l:nr e je & -3 and each ............... ...... paymela thereafter Qua I I be We aYYJ p a),a b I e on or before of each SUCCeSS i ve year of t h i license . As further ij)nviderat ion for i his agreement , Licensee agree.-, to and obligates iLself to constrturt operaW and mainWin , at, its sale cost and expery sr' , car W2 demis;Q Tyre mises , a public recreation Facility , tai ibjecL Lo L W covefoint s a Y u J c o W j L ij)ns 2 hereinafter set forth in this Ngrepment and subject to all terms and corr-litiont; of that I inense yrantrid to 1 42 City of FOrk Worth by the Department of the Army in City 5ecretary Contract 47no , as amended , on file in the off ike of t [w City nearptary of the City of Fort Worth . The public facility may include soccer fields , recreational facilities and a bu I ILI i ng a I rang w 1 t h 1, 11 ad,J ace nt facilities . This agreement is expressly suh,jeoct Lo all the terms and conditions contained in the Hrense agreement covering the above described property From the De,partment of the Army of the UALeLl States of America ( City Secretary ConLrart 4708 , as amended ) to the City of Fort Worth , and I hAnisee towenants and agrees to he bound by and strictly uamply with all of the terms and ronditiore of City Secretary CuntrauL 470H , as amended , insofar as Lhey are applicable to Licensee 'B use and occupancy of the demisecd premises . 4 . This license agreement shaJI he For a period u F 1:en ( M year commenc.i ng CHI and terminating CHI 9000 1 1.0 a wiless a prior termination P-., ----5�1 MV - - effected by either party hereLO pursuant to the termination provisions expreassed fowein . Fl As aqjrf,emwit slui I I be roniewed automatically For a maximum of ten ( 10 ) successive periods of one, I ) year each , but in to) everk shall this aqreement extend beyond Ct July 31 , 2012 . 1he terms set forth herein shall govern and control the relationship of the parties hereto during any renewal. period affected her on Kr-,r , x(-,,:e p t that City may increase or otherwise change the license fee for any renewal period . City reserves the right to terminate this agreement at the end of the term or any successive renewal thereof regardless of Licensee 's intent to renew . In the event the liGense agreement is terminated or Licensee is evicted from the premises fur any reason , City shall not he responsible for any personal property of Licensee remaininw an the premises at the time of said eviction or termination , and said personal property shall be deemed abandoned by Licensee if such remains on the premises at any time subsequent to the, termination of the agreement . On the dissolution of Licensee , this agreement shall terminate hy operation of law . 5 . .It is expressly provided that City shall have the right to terminate and cancel this wreement withrmt cause upon thirty ( 30 ) daX written Hntice to Licensee . It is expressly provided that Licensee shall have the right to terminate and cancel this agreement without cause upon thirty ( 20 ) rMys writ Len notice to City and the District Engineer or the Army Corps of Engineers . It is understood and agreed that any rights or interest that the City has in the demised premises are contained in the license agreement from the Department of the Army of the United States of 4 America ( City Secretary runtrauL Number 4708 , as amended ) to the City of Fort Worth . Should gaid license agreement ( city Secretary Contract Number 4708 , as amended ) be revoked , cancelled or Lermindted For any reason , this license agreement between City and Licensee shall automatically be terminated and cancelled .. 6 . Licensee covenants and agrees that it will not subcontract or assign all or any part of its rights , privileyes or duties under this agreement without the prior written consent of city and the District Engineer , and any attempted subcontract or assignment of same without such prior consent of City and the, District Engineer shall be void . 7 . Licensee is given the riqjht to Lao 12 yoods and services oil the demised premises with the prior approval of the Corps of Engineers and the Park arnJ Recreation Director . It is intended and understood by the Licensee and City that said concession shall be managed and operated by c-irid for a non- profit organization , acting through its officers and successors in office .. Admission , entrance and user fries may be charged by licensee for the entrance to or use of any part or all of the premises or any facilities constructed L hareon , with the prior approval of the Park and Re(xe at. ion Director of Me City of Fort Worth and t he Di st r i ct Engi neer The amount of any fees to be charged by Licensee and all rates and prices chargeW by i cerriee for accommodat ions . food and services furnished or sold to they public shall be subject to regulations and the prior approval of the Park and Recreation Director and the District Engineer . B . Licensee shall , not less than 60 days prior to April 30 and October 31 of each year that this license remains in effect , submit to the Park arA Recreation Director for approval a list of fees , rates and prices proposed f or the following six months . Licensee shall furnish justification for any proposed fee , rate or price increase or decrease . The Park and Recreation Director will give written notice to the Licensee of his approval of or objection to any proposed fee , rate or price and will , if appropriate , state an approvNd fee , rate or price for each item to which an objection has been MILK . Licensee shall keep a schedule of such fees , rates or prices posted at all times in a corn spiCUOUS place on t, he demised premises . 9 . All monies received by Mensee from operations conducted on the licensed premises , including , but not limited to , entrance and admission f eets a nd user rees , and renLal or other consideration received from its concessionaires . may be utilized by Licensee for the adminiaLr rat ion , mainEenance , operation and further development of the licensed premises . Any such monies 6 not so utilized by Licensee shall he paid to the District. Engineer at the expiration of each five-year period of this license . Licensee shall establish and maintain adequate records arni ac t;ounts and render annual statements of receipts and expenditures to the District Fngineer and the Park and Recreation Director . 1C . Licensee covenants and agrees that it will not permit , at: any time , the sale of alcohol & beverages on the demised premises . Licensee agrees that Licensee will obtain and pay for all necessary permits , licenses and taxes ini-.urred or required in connection with the operation hereunder . 12 . Licensee , suNjecL to Lhe terms and co nil i 1: J.ot is of this agreement , will be pprmitLed to uninstrIACt facilities and other permanent improvements that may be needed to fulfill the recreational purposes of said comp I e x , prow i ded t Via t of i d Facilities and improvements will he constructed only upon prior written consent of City aiO the Army Corps of Fnyineers . All plans and specifications for the construct icin of the recreational complex , additional Facilities sind of hear permanent improvemenLs , as ment i oned here i rvd)ove , shall requirr the prior written approval of the Director of Public Works of the City of Fort Worth and the District Enyineur of the Army Corps of Engineers , 7 Hirt Mrt If Dist r jut , and musL conform Lo a I I I oca I , state , and federal coden . I aws , or,I i nafqzn; and regu.I at ions now i n force or hereafter prescribed by authority c f law . Licensee shall at its sole expense Wtain all rwcessary licenses and permits and all payment and performance bonds . Upon completion and acceptance of construction . title to all permanent improvements shall vest in City . Approval by the Director of Public Works or the District Engineer shall not constitute or be deemed a release of the responsibility and Ii rah iliLy of Licensee , its agents , servants , MIDI OYMS , contractors a rnJ subcont r act ors for the accuracy and competency of its designs , working drawings , and spe0fications or other engi fig documents . Such approval shall not be deemed to be an assumption of such re spore sibilitx and liability by City for any MOM in the designs , working drawings and specifications or other engineering documents prepared by Licensee . its agents , servants , employees , contractors and subcontractors , ( it being the intent of the parties that approval by City and the Army Corps of Engineers be approval of only the general design concept of the improvements ti t u be const rUCt ed ) . 11: is expressly understood that Licensee shall be required to c,o m p I y with all requirements of the Department of Army as set forth in :,aid City Secretary Contract Number 4708 . as amended . 13 '. Lif-pnsee c.r..)venants and agrees that said r ecreational complex will be constructed . operated , and maintained in compliance with all laws , ordinances , rules , regulations and specifications of all federal , state , county , city and other governmental agencies applicable to said demiSed premises now or hereafter in effect and shall not make or allow Lo be made any unlawful , improper , immoral or offensive use L he,reol . 14 . Licensee in its construGtion , maintenance , occupancy , use or operation of said recreation complex shall not discriminate against any peracni or persons because or race , age , sex , religion , color , national origin , or handicap . Licensee shall comply with the Americans with Disabilities Act ( ADA ) and Mjn(.'jr ! ty Ruainess Enterprises ( MBF ) req"iremenU- --� t hat Would pertain to the City of Fort worth in the absence uf this license agreement . L i censee shal I make the sncwer Fields on L h P- d HM 3 H d premises availahle to other groups as scheduled by Licensee .. 16 . Licensee covenants and agrees that it A I I not permit the USEI of loud , abusive , WHI , or LAISMHU language by any person or persons upon said premises , aTA that use of such language by any person or upon said premises shal t res"It in the removal. 9 of that person or those t e r sonn from the premises by Licensee , its members , agents or empluyves . 17 .. Licensee Bgrees that at all times dur [ng the term of this agreement it will Wep all growth of weeds and other objectionable vegetation tiara na i d pr oper t y from reaching such conditions as ta_1 violate ouvernmental requirements , i f any , or be hazardous and/or objectionable to City and/or adjaGent property owners .. Licensee agrees that Liceinee will maintain Lhe premises and keep same in go(A repair at Licensee 's sale cost and expense . All maintenance , re[Agir and upkeep of the be in accordance with all applicable federal , state and local laws , rules , regulations , and specifications . Licensee shall not commit nor allow to be committed any waste on the premises , nor shall Licensee maintain , commit or permit the maintenance or commission of any nuisance on the premises ur ima the prem [sen fur any unlawful purpose . 19 . Licensee will do all work and make MI. repairs necessary or advisable to keep the surface of the demised premises from deteriorating in value or con(J0. io:ju and to reStnre and maintain the demised premises and improvements thereon , excepting normal wear and tear . City shall have the right and privilege , thrOH911 its agents and representatives . to make inspections oF the 10 demised premises and thereafter to make recommendations to Licensee of any repairs that , in City 's opinion , are necessary to be performed by Licensee iWon Me demised premises in accordance with the foregoing . I JT I I H 5 Ut I nor to i roe spehi f ica I I y agreed to in writing by City acting in its sole discretion , Licensee covenants and agrees that it will commence repairs within sixty ( 60 ) days from the date that such recommendations are made . Such repairs will be made in aH eweditious aruJ workmanlike manner . In the event that Licensee shall fail to undertake such recommended repairs within the time provided , U is understood and agreed that City may . Whin its discretion . undertake to make such repairs as it may dHem necessary for and on behalf of Licensee , and i n such event , the con;L r..1f such repairs shall be an obligation on Licensee to pay same; upon demand by City followinrj the completion of such repairs ., 20 . Collection and proper of trash , garbage , litter and debris will be the responsibility of Linensep , at its Sole Cost, and expense . 21 . At all time during the term of this agreement , City shall have the right . through its agents and representatives , to enter 31 into and UPOn the premises during reasonable business hours for the purpose of examining and ilispecting the same for the purpose of determining whether Licensee shall havP complied with all of its obl [gat ions hereunder in resinect to Lhe use of the premises 22 . Licensee agrees to and cKies herehy accept possession of the derinised premises in their prinsei-M condition and warrants that it has found Unam nAi i t ab I to For a I I purposes under this license agreement , and free of any hazards or dangerous conditions that Would be UnSH i t ab I En fo r a in I ace w I are' large numbers of the;' general public are expected to gather . 23 . Licensee accepts the property herein descr i bed subject to all previous easements , if any , that may have he-se: n granted on , a I on , over under or across solid propierty , and releases City from any and all damages , Glaims for damages , loss or liabilities that may be caused to all invitees , licensees , or trespassers by reason of the exercise of such rights or privileges granted in said easements . It is understood that this land is crossed by overhead and underground electric distribution and transmission lines and related facilities and may in the future be crossed by additional lines . 24 . Licensee covendnLs aid agrees that City ohall in no way nor under any circumatani-Aos Ina responsible for any property belonging 12 to Licensee , its members , employees , agents , contractors , subcontractors , invitees , IlGensoms , or trespassers , which may be stolen , destroyed , or in any way damaged , and L. 1 censee hereby indemnifies and holds harmless City from and against any and all, such claims . Ihe City does not guarantee police protection and will not, be liable for any Loss or damage sustained by Licensee , its members , employees , agents , contractors , subcontractors , NO tees , I i censine a , or trespassers on L he demised for emises 25 . Licensee rjovenants and agrees to dind does hereby , indemnity , hold harmless and defend , City , its officers , agents , servants and employees dnd IN! Department of t fie Army , Army Corps of Engineers , from and against any and all claims or suits for property loss or damaye . I oss and/ur personal injHry , including death , to any and a I I tie rsoi is , of whatsoever kind or character , whether real or assurted , arising out of or in connection with directly or indirectly , the maintenance , use . occupancy , existence or I ocat i an of sa i it derniNed premi tae s , whether or not caused , in whole or in part , by the alleged negligence of officers , agents , sF,rvants , emOrlyees , customers . contractor3 • subcontractors , licensees or inviLees of City ; and Licensee hereby assumes all liability and responsibility of City , its officers , agents , servants and employees and the Department of the Army , Army Corps of Engineers for any and all such claims or suits . Licensee shall likewise indemnify and hold harmless City 13 for any and all injury or damaq, to said premises , whether arising out of or in connection with any and all acts or omissions of Liccnsee , its WficHrs , agents , servants , emt,.frayeFas , contractors , subcontractors , licensees , i, i iv i 1, , pcilrons , or trespassers , or caused , in whole or in part , by the alleged negligence of officers . agents , servants , employees , patrons , contractors , subcontractors , licensees or invitees of City .. 26 . Licensee shall pay promptly when d u F; a I I bills or charges For construction or maintenance as well as any other amounts due for materials , services and labor furnished in connection herewith , and shall indemnify City for non-payment of same . Licensee shall indemnify My against any and all mechanic 's and mat erial mean 's liens "r any other type of claims or liens imposed upon the premises arising as a result of Licensee 's conduct or inactivity . 2V If Licensee , as N Mir i Lah I u association , corporation , entity or individual eMerprise , has or claims an immunity or exempt ion ( statutory or of hPrwA,:_,e ) from and against I iabi I i ty f or damage or injury to property or persons , Licensee hereby expressly waives its rights to plead defensively such immunity or exemption as against City . 14 211 . Licensee agrees that Licensee will , Contemporaneously with the execution of this agreement , provide City with a certificate of insurance as proof that Licensee has secured and paid for a policy of pub] is I ial-)i lity insurance covering all public risks related to t he, I &HnSe , Use arid ocrNipancy o f t fie cl in m i 13 e C-1 premises . At present , the amounts of such insurance shall be as follows: Property Damage , per occurrence S100 ,000 .00 Personal Injury or Death , $500 ,000 .00 per occurrence Products liability - food poisoning $500,000 .00 with the understanding of and agreement by Licensee that such insurance amounts shall be revised at City 's option , and Licensee will so revise such amounts within t h i r t Y ( 30 ) days following Licensee 's receipt of written notice of such requirements . The City of Fort Worth shall be named as an additional :i 1'1 L]r F?d 0 1-1 1.i CeMlrle 'S f nsuraMe p I i c1 as to the demised premises , including building improvements thereon . All insurance and insurers for pol it of Mie irvNiranco required herein shall be acceptable to the City of Fort Worth . Licensee shall require any and all sublicenseeK to maintain liability insurance at the limits specified herein for the I Wnsee , and L icensee 'c; 15 insurance shall provide coverage for any and all sub licensees in the event any suhlicensee fails to have insurance coverage in effect if an accident arises out of their operations or products . 29 . Licensee shall COTHICt ail aCtiVitieS C)I I t e� (-I e m i s e d pre mi ses as an inclepermOK inn-tractor , and not as an officer , agent , servant or employee of City ; licensee shall have exclusive control of and the exclusive right to control the activities performed on the demised premises , and all persons performing same , and Wall be respcTisihle for the acts and omissions of its members , officers , agents , employees , contractors , subcontractors , licensees and inviltees ; that the doctrine of responcleat superior shall not apply as between City and Licensee , its members , officers , agents , servants , employees , contractors , subcontractors , licensees and invitees ; and nothing herein shall be construed as cr r i i t i ri g a pmrtnership or jo i nt Hnt erpr i se between City and Licensee . 30 . Licensee shall have the righL to erect signs in nompli Banc e with all federal . state and local statutes , ordinances , rules , regulations , and specifications , displaying the facilities and the sponsorship of the activities by the Licensee , subject to the prior approval of the Park aid Rec-r eat ion Director and the District Fngineer . 31 . Licensee shall , at its sole cost and expense and subject to the prior approval of the Public Works Director and the District Engineer , have the right to locate recessary utility lines on then demised Premises and adjacent property that City has the right to occupy .. 32 .. Licensee covenants aruJ agryvw3 that it S V13 11 LID VK) act TuDr make any contract that may create or be the foundation for any lien upon or interest in then demised premises , and any such contract or lien attempted to be created shall be void . Should any purported Tien on the demised premilSeS MY created or f iled by reason of any act or contract of Licensee , Licensee , at its sole expense , shall I iquidaLe anL:l LJJ. 3(,'harge same within ten ( 10 ) days next after notice of filing thereof ; and should Licensee fail to discharge same , such Failure shall constitute a breach of the covenant herein . 33 . Licensee covenants anL-1 ay'rees that in the event of a breach of any covenant contained herein by Licensee , then and in that event , City may , at its option declare this agreement forfeited and terminated as to the balance of the term .. 34 .. on or before the date of expiration of this license or its T ancel taL lon by Licensee , LiciennsHr; sholl vacate the demised I/ premises , remove all property of Licensee therefrom and restore the premises t u a f 3o A i 1; i on satisfactory to the Parks and Recreation Director ar& than District Engineer if this license is revoked by the City . L i ceinnae Ani I I vacate the premises , remove said property therefrum , and restore the premises aforesaid within such time an the District Engineer and the Parks and Recreation Director of the City of Fort Worth shall reasonably designate . In either event , if Licensee shall fail or neglect to remove said property ard so restore the premises , then said property shall become the property of the United States , without compensation t1wrefor and no claim for damages against, the United States or its officers or agents shall he created by or made on account thereof .. 35 . The waiver of City of any default or breach of a term , ccwenant or condition of this agreement shall not, he 6�-"emed to bk-" a waiver of any other breach of that term , covenant or condition or any other term , covenant or cond i t it)n of this agreement , regardless of when the breach occurred . 36 ., Al I not i ces renvii red hercmWer Mial I be sent to City at the following address : Park and Recreation Department City of Fort Worth 1000 1hrockmorton Street Fort Worth , Texas 76102 18 All notices to Licensee shall be sent to the following address : Fort Worth Soccer Association , Inc .. .................. ........I.......... .........------------- ............... ..................---.......... ................. Mailing of all notices pursuant to this Section shall he deemed sufficient if mailed postage prepaid and addressed as specified above , unless either part;y has been notified in writing of any change in the other party 's address . All time periods related to any notice r onvi 1 r unun it s spec i f i ed in this agreement shall commence either on the date notice is mailed or on the date notice is received by the party to whom it is sent , depending on the terms specified in the Section requiring the notice . 27 .. Subject to the limit rat, iorn contained herein . the covenants , c and agreements made and entered into by the p art: ie,., hereto are declared to he for the benefit of and binding upon their respective successors , representatives and assigns , if any - 230 . It is agreed that , in the event any covenant , condition or provision herein contained is held to be invalid by any court of competent jurisdiction , the invalidity of such covenant , condition or provision shall in no way affect any other covenant , condition or provision herein contained ; provided , however , that, the invalidity of any such covenant , condition or provision does 19 not materially prejudice ei1 |/cr Licensee or City in connection with the rights and obligations contained in the valid covenants , conditionu or pruv is! o/m of Lhie agreement 39 . This license agreement and the relaLionship created hereby shall be governed by the laws of the State of Texas . Venue For any action brought to interpret or enforce , or arising out of or incident to , the terms of this agreement shall be in Tarrant County , Texas . IN WITNESS WHEREOF the said parties have hereto set their hands and seal of office Lo duplicate originals on this _ day of , 1992 - CITY OF FORT WORTH FORT WORTH YOUTH SOCCER 4 ASSOCIATION , INC . tjB�� T ATTEST : � �,-' ^/7�� ~~ - / City seore1ar Corpor�1n 5ucretary ' . . APPROVED AS TO FORM AND . LEGALITY : Contract AUthOrizatiOa ~_-_ 210 U . S . A r m X Corps o f Engineers , Department of ArmX , does hey-ebX consent to and approve the cibovf,, agreement . U . S . ARMY CORPS OF ENGINEERS , DEPARTMENT OF THE ARMY RZ: District Engineer 21 STATE OF TEXAS COUNTY OF TARRANT' BEFORE ME , the undersigned , a Notary Public in and for the State of Texas , an this day personally appeared District Engineer , Corps of known to me to be the person wKse name [,s i hed t o the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth , and that he execuLed My same as the act of such Department for the purposes arid con --; ideratlon therein expressed , and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day f A .D . , 1992 . Nlotary Pub I i c in and for T he SL at e of Texas My Commission Expires : 22 STATE OF TEXAS COUNTY OF TARRANT � BEFORE ME , the undersigned , a Notary Public in and for th f lexas , on t, hio day personally appeared Assistant City Manager of the City of Fort Wf�rLh , known 10 me to be the person and officer whose name is subocribed to the foregoing instrument and acknowledged to me that the :amo was the act of the said City of Fort Worth , and the he exeNz/ted Lhxv same was the act of the said City of Fort Worth , Texas , o municipal corporation , and that he executed the game as the act of such corporation for the purposes and consideration therein expressed , and in the capacity therein stated . � HAND AND �EAi OF OFFICF thic the day of ___ , A .D . , 1992 . � Notary Public in and for The State of Texas My Commission Expires : V.RGINSOM STATE OF TEXAS my Cmim. EML SKY 21 109H ` 23 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME , the undersigned , a Notary Public in and for the State of Texas , on this day personally appeared PresidwnL o f the Fort Worth Youth Soccer AssaciaLl ran . Inc . , known to me to be the person and officer whose name is subscribed to the fnregoing instrument and acknowledged to me that the same was the act of the said Fort Worth Youth Soccer Association , Inc . . a HUH—PrOfit corporation , duly organized under the laws of the State of Texas , and that he executed the same as the act Q such corporation for the purposes and considerations therein expressed , and in the capacity therein stated . GIVEr . IDER MY HAND AND SEAL OF OFF I CE t h i s t he day rl n1 I 1�IL F a f A .D . , 1992 . Notary public A and for Tie State of Texas ft ALMA JANE kIRKLAND Nday Ptak My Commission Expires: STATE OF TEXAS my commission Expires Septaffber 4,1 993 24 City of Fotf Wort/4 Texas May and Council Communication A e 17 4K9 DATE ------------TR1E_F_r;MC E B NAME PAGE /92 — 09/08 -13 80SOCCER 1 1 of 1 SUBJECT I LICENSE AGREEMENT WITH FORT WORTH SOCCER ASSOCIATION FOR PECAN VALLEY PARK SOCCER FIELDS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a license agreement with the ..Forg ,, th Soccer AsspgJ"4tion, Inc., for the operation, maintenance and development of a t----Pe7c�6_6_611-ey Park. DISCUSSION: In 1981, 'the City licensed the Southside Optimist Club to develop, maintain and operate a soccer facility on approximately thirty-two (32) acres of Pecan Valley Park. The facility has been developed, maintained and operated by the Optimist Club at no expense to the City during the term of the license agreement. It is located at Lakeside Drive and the uncontrolled spillway at the Benbrook Lake Reservoir. The Fort Worth Youth Soccer Association, Inc. , a non-profit corporation, and the Optimist Clubs are requesting that the City transfer the facility from the Optimists to Fort Worth Youth Soccer effective August 1, 1992 and enter into a new agreement with the Fort Worth Soccer Association, Inc. The current agreement between the Optimists and the City has expired. The proposed license agreement would be similar to the agreement with the Optimists. It would be for a period of ten years with optional one-year extensions thereafter, and could be canceled on thirty days notice by either party. It would be a third party license subordinate to City Secretary Contract No. 4708 between the City and the U.S. Army Corp of Engineers, which is a fifty-year agreement executed in 1962. The soccer fields would be available to other groups as scheduled by Fort Worth Youth Soccer. All fees and charges, including those for any concession items, would be subject to approval by the Park and Recreation Director and the Corp of Engineers. At its regularly scheduled meeting on June 16, 1992, the Park and Recreation Advisory Board voted to recommend to the City Council that the City enter into a license agreement with the For Worth Youth Soccer Association, Inc. , for the operation, maintenance and development of the soccer facility at Pecan Valley Park. FISCAL INFORMATION/CERTIFICATION® The Director of Fiscal Services certifies that no funding is required to enter into this license agreement. IW;z Submitted for City Manager's FUND I ACCOUNT I CENTER AMOUNT CITY SECRETARY Office gd APPROVED Libby Watson 6140 01TI( Cro!,J,�, JCIL Originating Department Head® SEP 5 q Richard Zavala, Jr. 8700 _Tf_r_o_mT_ ............. For Additional Information Contact: Richard Zavala, Jr. 8700 Printed an recyded paper