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HomeMy WebLinkAboutContract 49568 pMCITY 1 2 3 ��P S CONTRACT NO.CRETARY LL � q0G29 ci �j» o PARKING LOT LICENSE AGREEMENT CI MS�It4RIS ENSE AGREEMENT ("Agreement") is made and entered into by and between the s A ort Worth, a Texas home rule municipal corporation ("City"), acting by and through Z s J. Chapa, its Assistant City Manager and Christ Chapel Bible Church ("Licensee" or "Christ Chapel") acting by and through Rick Neves, its duly authorized Director/Chief Operating Officer (individually referred to as "Party"and collectively referred to as "Parties"). SECTION 1. LICENSED PREMISES 1.01 The City hereby grants a license to Licensee to use and occupy the City-owned property ("City Lot" or "Premises") located on a portion of 3220 Botanic Garden Boulevard, attached hereto as Exhibit "A" and incorporated as if copied in full, for temporary parking purposes only as outlined in this Agreement. 1.02 This Agreement is subject to all existing easements for public roads, channels, highways, public utilities, railroads, pipelines and electrical transmission lines, or any other encumbrance as may appear in the chain-of-title. 1.03 Under no circumstances during the Agreement will Licensee use or cause to be used on the Premises any hazardous or toxic substances or materials, or store or dispose of any such substances or materials on the Premises. Licensee shall not install signs, advertising media, and lettering on the Premises without prior written approval of City. 1.04 Licensee grants the City use of the Christ Chapel Lot ("Christ Chapel Lot") located at 3701 Birchman Avenue, attached hereto as Exhibit "B" and incorporated as if copied in full, for a minimum of six (6) events per year during the Term of this Agreement as defined below. SECTION 2. TERM 2.01 The initial term for this Agreement shall be as outlined under this section, commencing on the Effective Date, as defined below, through January 31, 2020. 2.02 This Agreement,automatically renews if no written notice of termination is provided by either Party within one hundred and eighty (180) days before the end of the Initial Term or any Renewal Term. 2.03 Beginning February 1, 2020, this Agreement may be terminated for any reason or no reason by either party when written notice of termination is provided by either party within one hundred eighty (180) days written notice to the other Party. 2.04 Licensee's use of Premises is allowed on Sundays from 6:00 AM to 6:30 PM, and as may otherwise be agreed to by City's Park and Recreation Department Director e agrees that use of the Premises will be shared on a first-come-first served basis dOg�'C'tQc d CITY SECRETARY Parking Lot License Agreement FT.WORTH$TX 277947 Rodeo. The City's use of the Christ Chapel Lot shall be on dates and times as coordinated between City and Licensee. 2.05 If Licensee shall fail to perform or observe any of its obligations hereunder, then City may terminate this Agreement by giving Licensee written notice thereof, in which event this Agreement and all interest of Licensee or City hereunder shall automatically and immediately terminate. Such rights of City in the case of a default by Licensee hereunder are not exclusive, but are cumulative of all other rights City may have hereunder, at law or in equity; and any one or more of such rights may be exercised separately or concurrently to the extent provided by law. SECTION 3. MUTUAL USE CONSIDERATION 3.01 Consideration for the Initial Term is the conveyance by Licensee to City of the Property described in Exhibit "C': As consideration for any Renewal Term City and Licensee agree that the mutual exchange of the use of the City Lot/Premises located at 3220 Botanic Garden Boulevard and use of the Christ Chapel Lot located at 3701 Birchman Avenue as outlined under this Agreement provides sufficient consideration to each party under this Agreement. Each party agrees to allow the other to use its parking lot during the Term outlined herein and upon such dates and times as may be coordinated between the parties. SECTION 4. EMERGENCY VEHICLE ACCESS City, through its City Manager, Assistant City Manager, Transportation and Public Works Director, police, fire personnel and other designated representatives, has the right to enter any portion of the Premises (without causing or constituting a termination of this Agreement or an interference of the use by Licensee) for the purpose of maintaining the proper conduct and safety of persons using the Premises under the terms of this Agreement, provided this shall not authorize or empower City to assume liability for Licensee's activities. SECTION 5. PROPERTY DAMAGE LIABILITYAND INDEMNIFICATION 5.01 In the event that any property of the City located in, on, under, or above the Premises, including but not limited to utilities and equipment, are damaged or destroyed during Licensee's use of the Premises, due to the negligence or acts or omissions of Licensee or Licensee's officers, agents, servants, employees, or invitees, Licensee will be responsible for repairs or replacement. 5.02 City is not liable for any loss, damage, or injury of any kind to any person or property of any kind arising from the use of the Premises by Licensee (or any part of them), or caused by any defect in any building, structure, improvement, paving, equipment, building or facility on the Premises OR CAUSED BY OR ARISING FROM ANY ACT OR OMISSION OF LICENSEE, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAND, OR BROUGHT ABOUT BY THE CITY'S FAILURE TO MAINTAIN THE LICENSED PREMISES IN SAFE CONDITION. License Agreement between CFW and Christ Chapel Bible Church Feb. 2017 2 or 6 Each party agrees to notify the other party promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the Premises or Christ Chapel Lot. Each party agrees to make its officers, agents, and employees available to the other party at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the party may be responsible hereunder. 5.03 LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO LICENSEE'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i) LICENSEE'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS LICENSE AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF LICENSEE, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS LICENSE AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH LICENSEE AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LA WS OF TEXAS. 5.04Insurance. Christ Chapel shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City of Fort Worth as an additional insured and covering all public risks related to the leasing, use, occupancy, maintenance, existence or location of the City Lot. Christ Chapel shall obtain the following insurance coverage at the limits specified herein: * Commercial General Liability: $300,000.00 per occurrence (including Products and Completed Operations); SECTION 6. FEDERAL, STATE, AND LOCAL LAWS Licensee shall comply with all federal, state and local laws, rules and regulations as, well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. License Agreement between CFW and Christ Chapel Bible Church Feb. 2017 3 or 6 SECTION 7. PREMISES ALTERATIONS AND CONDITION 7.01 Either Party may perform and conduct routine maintenance on its own property (including patching, resurfacing and restriping); however, neither Party shall make or cause to be made any alterations, additions or improvements to the other Party's Premises or Christ Chapel Lot without the prior written approval of the other Party. 7.02 Both Parties agree not to take any action that would result in the creation of any lien upon the other Party's property. In the event that a lien is filed, the breaching Party will take all necessary steps to remove the lien within 10 days of its filing or receiving notice from the other Party, whichever is later. 7.03 Licensee takes the Premises and all appurtenances in "AS IS" condition without warranty, expressed or implied, on the part of City. Licensee hereby acknowledges that (a) it accepts the Premises in its present condition, and (b) City has made no representations to it regarding the safeness thereof or suitability for any particular purposes. City shall not be liable to Licensee, its agents, employees, invitees, licensees, or guests for any damage to any person or property due to the Premises or any part of any appurtenance thereof being improperly constructed or being or becoming in disrepair. SECTION 8. NOTICES All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY With copies to: City of Fort Worth City Attorney Property Management Department 200 Texas Street Attn. Real Property Manager Fort Worth, Texas 76102 900 Monroe Street, Suite 400 Fort Worth, Texas 76102 Licensee: Christ Chapel Bible Church Attn: Rick Neves, C.O.O. 3701 Birchman Avenue Fort Worth, TX 76107 License Agreement between CFW and Christ Chapel Bible Church Feb. 2017 4 or 6 ARTICLE 9. GENERAL PROVISIONS 9.01 No Partnership or Joint Venture. Neither City nor Licensee shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the City is not involved as a party to any activities that may be carried on by Licensee pursuant to this License. Licensee acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with Licensee use of the Premises. Provided, however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. 9.02 Force Majeure If use of the Premises or Christ Chapel Lot or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond the City's control or that of the party obligated or permitted under this Agreement to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. 9.03 No Waiver. No waiver by either party of any default or breach of any covenant or term of this License may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement regardless of when the breach occurred. 9.04 Applicable Laws. The laws of the State of Texas shall govern this Agreement and the relationship created hereby. 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. 9.05 Severability of Provisions. If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 9.06. Assignment Prohibited. Neither Party shall assign this Agreement, or any rights of Licensee or City under this Agreement, or sublet the Premises or Christ Chapel Lot, for consideration or no consideration, whether voluntarily, by operation of law, or otherwise, and any attempt to do so shall be void, and any such attempt shall cause immediate termination of this License. 9.07 Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto and supersedes any prior understanding or written or oral Agreements between the parties respecting the subject matter. (Signatures on the following page) License Agreement between CFW and Christ Chapel Bible Church Feb. 2017 5 or 6 EXECUTED this the �� day of, %r/�� , 20/7("Effective Date"). CITY OF FORT WORTH CHRIST CHAPEL BIBLE CHURCH: By: — By: Jesus J. Chapa TZick Neves Assistant City Manager Director/Chief Operating Officer 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. � V Name: Title: APPROVED S TO FORM AND LEG TY: By: Jessica Sang" ang g Assistant Ci Attorney II Form 1295: n/a moo ATTES U _ By. �L'XAS Mary Kays _ City Secretary M&C: n/a OFFICIAL RICORD CITY SECRETA IRY FT.WORTHS TX License Agreement between CFW and Christ Chapel Bible Church Feb. 2017 6 or 6 Exhibit "A" Botanical Gardens Parking Lot MRSHM. f Botanical Gardens Parking Lot it LL LLS 15 R-C MSN a1P Il .t 1EF F I Ft4=iri 111Y& Q n �.007- wt W. GSA MC]NT rtr� V'U'ET 1 - i 1 °I 0 11/y[1 0 - -- _ NI - i } ; i — Uj , Copyright 2015 City of Fort Worth.Unauthorized reproduction is a violation of applicable peat FORT WORTH laws.This product for Informational purposes and may not have been prepared for or 0 65 130 2£0 e be suitable for legal,engineering,or surveying purposes,it does not represent an on-the- ground survey and represents only the approximate relative location of property boundaries.The City of Fart Worth assumes no responsibility for the accuracy of said data. Exhibit "B" Christ Chapel Church Parking Lot " � .. 9r , rw Christ Chapel Church Parking Lot W SIKl;HrVIAN - AND p I� 4 - - I,3 UNAE St k � T 6f 7 f 4`1 r UL. iE �a Copyright 2015 City of Fort Worth.Unauthorized reproduction is a violation of applicable Fet?t FORT WORTH laws.This product is for informational purposes and may not have been prepared for or 0 65 130 260 ® be suitade for legal,engineering,or survaylrg purposes.It does not ropresent an on-the- ground survey and represents only the approximate relative location of property boundarles.The City of Fort Worth assumes no responsibility for the accuracy of said data. i x I l ` MONTGOMERY STREET PAVING IMPROVEMENTS FROM I-30 TO CAMP BOWIE PARCEL No.01 CITY PROJECT No.02432 3701 BIRCHMAN AVENUE LOT l R-1,BLOCK 54R OF LOT 1-R 1,BLOCK 54R FACTORY PLACE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS EXHIBIT"A" i Being a permanent pedestrian access easement situated in the Thomas White Survey, Abstract No. 1636 and the William D Conner Survey, Abstract No. 301, City of Fort Worth, Tan-ant County, Texas and being a portion of Lot 1-R-1, Block 54R of"Lot 1-R-1, Block 54R Factory ce Pla ", an addition to the City of Fort Worth, Tarrant County Texas as recorded in Inshvment No. D210027041 of the Plat Records of Tarrant County, Texas, and also being a portion of a tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D206079581 of the Official Public Records of Tarrant County, Texas, and also being a portion of a tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D207081963 of said Official Public Records of Tarrant County, Texas, said permanent pedestrian access easement being more particularly described as follows: COMMENCING at a point for the most easterly northeast coiner of said Lot 1R-1, said point being the intersection of the west night-of-way line of Montgomery Street(a variable width right- of-way)with the south right-of-way line of Birchman Avenue(a 60' right-of-way),from which a 5/8 inch iron rod with cap stamped "Dunaway & Assoc" found for reference bears South 03 degrees 34 minutes 28 seconds West, a distance of 0.50 feet; THENCE South 00 degrees 36 minutes 27 seconds East,with the east line of said Lot 1-R-1 and with the west right-of-way line of said Montgomery Street, a distance of 104.04 feet to the POINT OF BEGINNING of the herein described permanent pedestrian access easement; THENCE South 00 degrees 36 minutes 27 seconds East,with the east line of said Lot 1-R-1 and with the west right-of way line.of said Montgomery Street, passing at a distance of 5.57 feet,a point in the south line of said tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D207081963, passing at a distance of 21.57 feet, a point in the north line of said tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D206079581, in all, a distance of 171.58 feet to a 1/2.inch iron rod with.cap(illegible)found for the southeast corner of said Lot 1- R-1,said 1/2 inch iron rod with cap(illegible)being in the south line of said tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D206079581, said 1/2 inch iron rod with cap (illegible) also being the intersection of the west right-of-way line of said Montgomery Street with the north right-of-way line of Interstate Highway 30(a variable width right-of-way); Exhibit A Page 1 of 3 THENCE South 89 degrees 55 minutes 33 seconds West, with the south line of said Lot 1-R-1, with the south line of said tract of land.deeded to Christ Chapel Bible Church as recorded in Instrument No. 1)206079581,and with the north right-of-way line of said Interstate Highway 30,a distance of 14.02 feet to a point for corner; THENCE North 12 degrees 21. minutes 43 seconds East, a distance of 35.51 feet to a point for corner; THENCE North 00 degrees 08 minutes 04 seconds East, a distance of 56.20 feet to a point for the beginning of a non-tangent curve to the left having a radius of 10,568.08 feet, a central angle of 00 degrees 26 minutes 15 seconds, and whose chord bears North 00 degrees 05 minutes 03 seconds West,a distance of 80.71 feet; THENCE With said non-tangent curve to the left,passing at an arc length of 59.12 feet,a point in the north line of said tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. D206079581, passing at an arc length of 75.12 feet, a point in the south line of said tract of land deeded to Christ Chapel Bible Church as recorded in Instrument No. 1)207081963,in all, an arc length of 80.71 feet to a point for corner; THENCE South 89 degrees 55 minutes 35 seconds East, a distance of 4.58 feet to the POINT OF BEGINNING, and containing 1,063 square feet or 0.024 acres of land,more or less. Notes: (1) A plat of even survey date.accompanies this legal description, (2) All bearings are referenced to the Texas Coordinate System,NAD-83,The North Central Zone 4202,all distances and areas shown are surface. Survey Date: January 28,20I5 K" OF T �Q�.•�I STfR F4- S14AUN Ab1RVIN PIEPKORN By: 6432 �. 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