HomeMy WebLinkAboutContract 37973-R1A1 CITY SECRETARY
CONTRACT NO..
FIRST RENEWAL AND AMENDMENT OF LICENSE AGREEMENT BETWEEN THE
CITY OF FORT W ORTH AND THE GREATER SOUTHWEST AERO MODELERS
WHEREAS, Greater Southwest Aero Modelers, a Texas non-profit corporation,
("Licensee") based in Fort Worth, Texas, acting by and through its duly authorized President
entered into a License Agreement ("Agreement") (City Secretary Contract No. 37973),
commencing on July 8, 2008, with the City of Fort Worth, a Texas home rule municipal
corporation ("Licensor" or "City") for licensed premises located at 6901 Randol Mill Road;
WHEREAS, Licensee is a nonprofit corporation based in Fort Worth for the purpose of
model aeronautic flying and training, a social environment for individuals interested in
aeronautics and community service for area charities and other service organizations;
WHEREAS, the Agreement was for an initial term of ten (10) years, expiring July 8,
2018;
WHEREAS, the Agreement included two (2) additional options to renew for five (5)
year renewal periods;
WHEREAS, Licensor and Licensee desire to renew the Agreement for the first five (5)
year period pursuant to the Agreement; and
WHEREAS, the Licensor and Licensee desire to amend portions of the Agreement for
the purpose of clarifying terms and conditions of the License;
NOW THEREFORE, KNOWN ALL BY THESE PRESENT:
The Agreement is hereby renewed and amended to be effective on July 9, 2018 by:
1. Extending the Agreement an additional five (5) years pursuant to the renewal option
included under section 2.01 of the Agreement. The renewal term shall be July 9, 2018,
through July 8, 2023. The Agreement may be renewed by mutual, written consent of all
parties for the one (1) remaining consecutive five (5) year renewal period.
2. Adding Attachment A to the Agreement as referenced under section 1.01, which is
attached to this Amendment and incorporated within as if copied in full. It was
inadvertently left off the original Agreement. Also adding the requirement to clarify that
Licensee will not use the property 100 feet from the fence along the west and northwest
property fence line.
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First Renewal and Amendment CSO 37973 4.25.1W
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3. Deleting Section 4.02 in its entirety and replacing it with the following:
"4.2 Licensee agrees to use the Premises during daylight hours. Unless otherwise
posted by the City, the hours during which the Premises shall be open are from sunrise
to two (2) hours after sunset. After sunset, flying is restricted to electric powered aircraft
no larger than 48 inches with no noise. Licensee agrees that no electrical or artificial
lights of any kind will be utilized by Licensee for the purpose of flying model aircrafts."
4. Deleting Section 4.06 in its entirety and replacing it with the following:
"4.06 Licensee may host and publicize events and tournaments open to the public.
Admission, entrance, annual use and/or special event fees in accordance with Section
4.08 below may be charged by Licensee for the entrance to or use of any part or all of
the Premises or any facilities constructed thereon for tournaments and competitions only
in accordance with this Agreement."
5. Deleting Section 4.08 in its entirety and replacing it with the following:
"4.08 The following fee schedule is hereby approved and shall apply to fees charged
under 4.06 above.
Type Amount
Annual Use—New (Adult) $150.00
Annual Use—Renewal (Adult) $100.00
Annual Use—Minor $ 50.00
Event -Biplane Fun-Fly $15.00
Event—US Scalemaster Qualifier $20.00
Event—Big Bird Fly In $15.00
Event—All Scale Fun-Fly $15.00
Changes to these fees must be approved by the City."
6. Deleting Section 6.02 in its entirety and replacing it with the following:
"6.02 Licensee shall be permitted to have storage on-site. The storage areas shall be no
larger than 10 feet by 10 feet by 40 feet. Licensee shall limit storage sites to three sites as
noted in Exhibit A. Storage areas shall be kept in good repair and secured from entry by
the general public."
7. Modifying the contacts and addresses for both parties under the notice provision in
Section 18.01 to be as follows:
First Renewal and Amendment CSO 37973 4.25.18
City: Licensee:
Jean Petr, Lease Manager Greater Southwest Aero Modelers
Property Management P.O. Box 1171
200 Texas Bedford, TX 76095
Fort Worth, TX Darrell Abby, President
76102
With copy to:
City Attorney's Office
200 Texas St.
Fort Worth, TX 76102
8. Deleting all references to dates for rent (Section 2.02), fee changes (Section 4.08), annual
receipts(Section 4.10), insurance (Section 8.05), and documentation of the organizations
501 (C)(3) status and modifying as follows:
Submittal dates for the following documents shall be submitted by June 1 of each year
during this renewal term to the address in Notices (Section 18):
• Rent;
• Annual and Event Fee changes;
• Annual receipts;
• Insurance; and
• Documentation of 501 (C) (7) status.
IN WITNESS WHEREOF the said parties have hereto set their hands and seal of office to
triplicate originals onthis_/& day of mlm 1 2018.
CITY OF FORT WORTH GREATER SOUTHWEST AERO
MODELERS
By:
By:
Jesus J. Chapa President
Assistant City Manager Dar rel l 46V
Approved to f rm an gal'
By:
Assistan ity Attorney OFFICIAL RECORD
CITY aECRINTARY
First Renewal and Amendment CSO 37973 4.25.18 IP"I'.WORTH,TX
Form 1295: N/A
M&C: C-22895
ATT F FART�L
By:
ry yser, City Secretary
�XAS
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all erformance and reporting requirements.
Nam f mp oyee
Title
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EXHIBIT A
GREATER SOUTHWEST AERO MODELERS
LICENSE AREA
6901 RANDOL MILL ROAD
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDAORTWORTII
COUNCIL ACTION: Approved on 7/8/2008
DATE: 7/8/2008 REFERENCE NO.: **C-22895 LOG NAME: 52NELF-GWSAM
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorization to Enter into a License Agreement with the Greater Southwest Aero Modelers
Club for Use of a Portion of the Closed Former Northeast Landfill Located at 6901 Randol
Mill Road as a Model Airplane Flying Field
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a License
Agreement with the Greater Southwest Aero Modelers Club for use of a portion of the closed former
Northeast Landfill located at 6901 Randol Mill Road as a model airplane flying field.
DISCUSSION:
Greater Southwest Aero Modelers Club (GSWAM) is a non-profit organization founded in 1972 to
promote the practice and safety of radio controlled model airplane flying and to conduct a continuous
program designed to acquaint the public with model airplane flying. GSWAM has been using the
southern portion of the closed Northeast Landfill under an existing lease agreement that expires July
7, 2008. In order to continue the use of this property, the GSWAM has approached the
Environmental Management Department to request that the lease agreement be renewed. The
Northeast Landfill located at 6901 Randol Mill Road was a former 33-acre municipal solid waste
landfill that was officially closed by the City in 1983. The landfill is beyond the post-closure
maintenance period required by the State of Texas.
GSWAM has some existing infrastructure at the site; they will continue to furnish all materials and
labor to maintain these facilities, and ensure that all safety rules and regulations are complied with
during any event held on the property. The GSWAM will also maintain the areas of the closed landfill
property that they are responsible for that would require minor maintenance. The GSWAM is
currently covered by a two million dollar liability insurance policy through the Academy of Model
Aeronautics (AMA). During the term of their twenty plus year history at the site they have maintained
an outstanding safety record.
The GSWAM is active with the Longhorn Council of the Boy Scouts of America in developing youth
interest in aviation. In addition, the club has its own successful annual program called "Take Off and
Grow" where the club invites both youth and adult non-club members to learn about radio controlled
flying. Further, GSWAM participates in community support activities including Toys for Tots and a
food drive for the local food banks.
The contract will be for a ten year primary term, with two renewal options of five years each. The
GSWAM will pay $100.00 per year as a license fee and have concession rights with all proceeds
going back into the operation and improvement of the facility. GSWAM will also be required to carry
standard insurance and provide indemnification.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=9929&councildate=7/8/2008 5/17/2018
M&C Review Page 2 of 2
The Northeast Landfill is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Environmental Management Department will be responsible for
the collection of revenues.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 481142 0525001 $100.00
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Brian Boerner(6647)
Additional Information Contact: Kim Mote (5153)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=9929&councildate=7/8/2008 5/17/2018