HomeMy WebLinkAboutContract 33818 CITY SECRETARYtlh
CONTRACT NO. a�61A
AMENDMENT TO CITY SECRETARY
CONTRACT NO.28959
This AMENDMENT TO THE LEASE AGREEMENT (`Agreement") is made
and entered into by and between THE CITY OF FORT WORTH("City"), a home rule
municipal corporation situated in Tarrant,Denton, and Wise Counties acting by and through
its duly authorized Assistant City Manager, and the YOUTH SPORTS COUNCIL OF
FORT WORTH,INC., a Texas non-profit corporation ("Licensee"), designated local
chapter of THE FIRST TEE OF FORT WORTH,acting by and through its duly
authorized representative.
WHEREAS,on July 31, 2003,the City of Fort Worth ("City") and the Youth Sports
Council ("Licensee")made and entered into City Secretary Contract No. 28959 for the use of
the driving range of the city-owned Rockwood Park and Golf Course BY The Youth Sports
Council of Fort Worth, Inc, for the development of The First Tee of Fort Worth Chapter and
program;
WHEREAS,the Youth Sports Council of Fort Worth,Inc. ("Licensee") local chapter
of The First Tee, a division of the World Golf Foundation Inc., seeks to make golf available
to those who otherwise would not have access to the game and its positive values;
WHEREAS, The First Tee program, its funding now in place, seeks to amend the
license agreement to increase the term of the lease,redistribute the share of the capital costs,
establish the availability of the driving range to The First Tee program and the general public
and include an option to build a classroom and indoor training facility adjacent to the existing
Rockwood clubhouse;
WHEREAS, it is the mutual desire of the City and the Licensee to amend the
Agreement;
NOW,THEREFORE,the City and Licensee covenant and agree as follows:
Section 2. Term This section is amended to be and read as follows:
The primary term of this agreement shall consist of twenty(20)years commencing on
August 1, 2003, and ending on August 31, 2023. This agreement may be extended by mutual
written consent of the Licensee and the City agree for an additional twenty(20)years, with
the extended term date to begin on the day following the expiration date of the initial term.
Licensee must notify the City in writing no later than(90)days prior to the beginning
of each license period of the Licensee's intent to use the Premises under the terms of this
Agreement. Failure of the Licensee to pay the City the license fee, regardless of the intent to
use the Premises, shall result in the termination of this Agreement and the forfeiture of any
remaining license periods with no further obligation,monetary or otherwise on the part of the
Licensee or City.
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Section 3.License Fees This section is amended to be and read as follows:
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08-04-06 P 1 2 : 10 IN
That for and in consideration of the payment of Licensee to the City of the sum of
one dollar($1.00)per annum as License rental, City hereby leases and demises unto Licensee
the use of that parcel of land being more particularly called the licensed premises and
described in Exhibit`B" being attached hereto and incorporated herein to this license
agreement for the use as The First Tee of Fort Worth golf facility.
Payment of the annual license amount shall be made at the Administrative office of
the City of Fort Worth Parks and Community Services Department on or before the I 'day of
July each year of this license or, in the alternative,Licensee may pay the entire license fee of
Twenty Dollars($20.00) at the execution of this License Amendment or any subsequent
renewal of this License Agreement.
Section 4.b. Use of Premises This section is amended to be and read as follows:
The City shall be responsible for the maintenance of the Licensed Premises, including
any mowing, fertilizing, or any other costs related to the operation of the Licensed Premises
and the First Tee Program. The City shall maintain the Licensed Premises to City standards
developed in cooperation with the Licensee.
Section 4.c. Use of the Premises This section is amended to be and read as follows:
Licensee and City agree that the Licensee shall have a reservation preference for
access to one-half of the total number of hitting stations on the Premises and that the
pitching/chipping and putting area on the Premises may be closed to the public during classes
held by the Licensee. The City and Licensee further agree that the learning facility on the
Licensed Premises will be completely closed to the public no more than six(6)times a year
for special promotions associated with the Licensee.
Section 4.c. Use of Premises This section is amended to be and read as follows:
Licensee shall be responsible for the construction of the facilities on the Premises as
required by The First Tee Program, including but not limited to,three holes with yardage,
short game practice area with bunkers for hitting, chipping and putting, and the learning
facility. Licensee shall have the option to build in the future a classroom and indoor training
facility. Licensee will obtain and pay for all necessary permits incurred or required in
connection with the construction of the facilities on the Premises.
Section 4.e. Use of the Premises This section is amended to be and read as follows:
The City will provide an amount not to exceed One Hundred Thousand Dollars
($100,000.00) of capital costs to be used in conjunction with the funding from the Licensee
for costs associated with the driving range and renovation of three (3)practice holes located
on the Trinity Nine
It is the responsibility of the Licensee to assume all costs relating to the design,
improvements and placement of any buildings or structures on the Licensed Premises for use
by the Licensee. Licensee must obtain written approval from the City of Fort Worth Parks
and Community Services Director prior to Licensee placing any permanent improvements on
the Premises. City shall have the exclusive right,title and interest in all permanent structures
and improvements constructed by the Licensee on the Premises. Licen g�
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plan, inclusive of design,to the Parks and Community Services Director, indicating the
placement of all structures, buildings and/or appurtenances. The Parks and Community
Services Director must approve all site and design plans prior to Licensee placing any
structures, buildings and/or appurtenances on the Premises.
Section 4.h. Use of the Premises This section is hereby added to be and read as follows:
(h) The City will incur all annual operating expenses and retain all revenues generated.
However,the Licensee shall pay no fees for the use of the practice facility or practice balls.
Section 6. The First Tee Name,Logo, and Marks This section is hereby amended to be
and read as follows:
The Licensee may conduct all sales of merchandise containing The First Tee of Fort
Worth name, logo and/or marks in the City's pro shop until such time that the construction of
the Licensee's facilities are completed whereupon all sales of such merchandise shall be
conducted from The First Tee of Fort Worth Clubhouse/learning facility or any other part of
the Licensed Premises. Licensee shall be responsible for the payment of any percentage of
the sales of merchandise produced by the Licensee.
Section 11. Respondeat Superior This section duplicates language contained in
Paragraph 18 and is hereby amended to read as follows:
Section 11.Assignment
Neither party hereto shall assign, sublet or transfer its interest herein without
the prior written consent of the other party. Notwithstanding the foregoing,
Licensee may assign and transfer its rights and obligations hereunder to
another non-profit Texas corporation on the following terms and conditions:
(a) Licensee is not in default of any material obligations of this Agreement,
(b)the corporation is non-stock and exempt from taxation under Section
501(c)3 of the IRS Code,and(c) World Golf Foundation, Inc./The First Tee
has approved the corporation as the new chapter to operate The First Tee
program in Fort Worth, as evidenced by an amendment to The First Tee
Chapter Agreement signed by The First Tee and the corporation. Upon
satisfaction of the foregoing conditions and the City's receipt of a copy of
such amendment to The First Tee Chapter Agreement, (i)the term "Licensee"
as defined herein shall thereafter mean the new corporation for all rights and
obligations arising hereunder after the date of such amendment and (ii)any
and all designated funds and other assets held by Licensee for the benefit of
the Fort Worth program shall be promptly transferred to the new corporation
and used by such corporation for the benefit of the Fort Worth program as
described herein.
Section 17.Notices This section is hereby amended to revise the parties to be notified to
be and read as follows:
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CITY:
Director
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
Facsimile Number:
WITH COPY TO:
Melinda Ramos
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-7631
LICENSEE:
Youth Sports Council of Fort Worth, Inc. /The First Tee of Fort Worth
3612 West Vickery Blvd.
Fort Worth, Texas 76107
Facsimile Number: 817-732-9677
Section
This Amendment contains the entire understanding and agreement between the City and the
Licensee as to the matters specifically contained herein. All terms and conditions of the
License Agreement that are not directly amended by this Amendment shall remain in full
force and effect. Capitalized terms used, but not defined, in this Amendment shall have the
meanings assigned to them by the Agreement.
EXECUTED as of the last date indicated below:
CITY OF RT TH: YOUTH SPORTS COUNCIL
FORT VYf312'I1H,INC., --7
By:_ B
Assis aunt ity anager
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Approved as to form and legality:
By: IAX�CX�'. N�rt°� Cir
Assistant City Attorney ( rl�S 1"� a �, �r
ATTEST:
City Secret-ary ��^�.� (
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Contract Authorizatiox
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Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/9/2006
DATE: Tuesday, May 09, 2006
LOG NAME: 8040FIRSTTEE REFERENCE NO.: C-21452
SUBJECT:
Authorize Execution of an Amendment to the Agreement with the Youth Sports Council of Fort
Worth, Inc., a Local Chapter of The First Tee, for the Development and Operation of a Practice
Facility/Learning Center at the Rockwood Golf Course
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the
agreement with the Youth Sports Council of Fort Worth, Inc., a local chapter of The First Tee of Fort Worth,
to develop and operate a practice facility and teaching center at Rockwood Golf Course.
DISCUSSION:
The amended agreement will allow the development of a new practice facility/learning center at Rockwood
Golf Course. It will allow Fort Worth Golf an opportunity to leverage public/private funds in development of
this new practice facility which is estimated to cost $450,000. Fort Worth Golf would commit no more than
$100,000 to this project with The First Tee of Fort Worth pledging the remainder of the estimated total
project cost in the amount of $350,000. The City's share of the funding would come from the Golf
Unspecified Capital Improvement Project account.
The First Tee is a national organization that was founded in 1997 as an initiative of the World Golf
Foundation and has impacted over 680,000 young people since its inception. The mission of The First Tee
is "to impact the lives of young people by providing learning facilities and educational programs that
promote character-development and life-enhancing values through the game of golf." Currently, The First
Tee of Fort Worth, has over 260 enrollees in their growing program.
The First Tee and many other local groups require a central place to teach people how to play golf. This
new practice facility will not only be the home of The First Tee of Fort Worth but will also create the
opportunity to develop new golfers through various programming efforts at this practice facility. The golf
division staff will conduct various player development programs targeted at beginning golfers, family golf,
and high school golf programs. This new facility will also serve as an ideal venue for group and individual
lessons.
With the development of the proposed practice facility, the existing Trinity Nine would be replaced with the
proposed teaching and practice facility and three practice holes. It will include 30 teeing stations, putting
green and a short game area for chipping and pitching (see attached conceptual plan).
Rockwood averaged 60,000+ rounds of golf in the mid 90's and there was a need for 27 holes to
accommodate this level of play. Since 1999 there has been a steady decline in play and Rockwood
currently averages 38,000 rounds per year. This decline in rounds is due to the construction of many new
courses in the Fort Worth area during the 1990's. The golf business has also seen limited growth in the
number of new golfers. This growth has been offset by a loss of regular players which has diminished the
overall number of rounds played at each golf course. The golf division currently has one driving range and it
is located at Pecan Valley Golf Course, in the far southwest portion of the City. When our customers were
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006
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surveyed they asked for more practice facilities.
With the elimination of the Trinity Nine, Rockwood Golf Course will become an 18 hole course. If this
amended agreement is approved, the City will still have five courses: Pecan Valley with 36 holes;
Meadowbrook, Z. Boaz and Rockwood with 18 holes; and Sycamore with 9 holes.
Rockwood Golf Course will incur all annual operational expenditures and will receive all revenues. Staff
estimates those revenues to be no less than $60,000 per year with expenditures of approximately $30,000.
Based on these estimates the Golf Fund would recover this investment in 3 to 3 '/2 years. Rockwood Golf
Course, due to it's affiliation with The First Tee, would receive discounts from national vendors, such as
Toro Irrigation, Toro Equipment, Wittek Range Supply and numerous other national sponsors and
supporters of The First Tee. These discounts would help reduce the overall operational expenditures of
Rockwood Golf Course and the Fort Worth Golf Fund.
A public meeting was held at Northside Community Center on March 15, 2006 to present the partnership
between Fort Worth Golf and The First Tee to the community. Over 70 people attended and all but one
attendee responded that they were in support of the proposed driving range and teaching facility.
The proposed general term of the agreement is:
1. Twenty (20) years license agreement with a 20 year renewal option;
2. City share of capital cost not to exceed $100,000;
3. The First Tee of Fort Worth share of capital cost is estimated to equal $350,000;
4. Annual operating expenses to be paid from the City's Fort Worth Golf Fund;
5. All revenues generated to be retained by the City's Fort Worth Golf Fund;
6. The First Tee of Fort Worth to have reservation preference;
7. A portion of the range to always be open to the public for practice and instruction;
8. No more than six (6) days dedicated to The First Tee special events; and
9. Option to build future classroom and indoor training facility at Rockwood Golf Course
With City Council approval, staff will move forward with the execution of an amendment to the agreement
with the Youth Sports Council of Fort Worth, Inc., a local chapter of The First Tee of Fort Worth, and the
City of Fort Worth.
Rockwood Golf Course is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Parks and Community Services Department is responsible for the
collection and deposit of all revenues due the City under the terms of this agreement.
TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters
PE39 481153 0804420 $100,000.00 GC16 541200 080160520130 $100,000.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Randle Haewood (871-5704)
Additional Information Contact: Nancy Bunton (871-5717)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/8/2006