HomeMy WebLinkAboutContract 35314�:,��i �� ���;���A�l� l
��`�l�TRAC� f�(� .
SECOND AMENDMENT TO CITY SECRETARY
CONTRACT NO. 28959
This SECOND AMENDMENT TO THE LEASE AGREEMENT ("Agreement")
is made and entered into by and between THE CITY OF FORT VJORTH ("City"), a
home rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties
acting by and through its duly authorized Assistant City Manager, and the YOUTH
SPORTS COiJNCIL OF FORT WORTH, INC., a Texas non-profit corporation which is
the designated local chapter of THE FIRST TBE, OF FORT WORTH herein and afteY•
referred to as ("Licensee")acting by and through its duly authorized representative.
WHEREAS, on July 31, 2003, the City and Licensee entered into City Secretary
Contract No. 28959 for the use of the driving range of the city-owned Rockwood Park
and Golf Course by Licensee for the development of The First Tee of Fort Worth chapter
and progratn; and
WHEREAS, Licensee, the 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; and
WHEREAS, on May 9, 2006 the City Council authorized execution of an
Amendment to the Agreement (M & C G21452) and additional provisions are required
to the Agreement by further Amendment; and
WHEREAS, Licensee and the City, with funding now in place, seek to further
amend the 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, provide for construction terms, insure
compliance with city built facilities and use best effoi�ts to reach M/WBE goals;
WHEREAS, it is the rnutual desire of the City and Licensee to further amend the
Agreement;
WHEREAS, it is the intent of the parties that this Amendment will supercede and
replace the prior Amendment executed by the City and Licensee;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS;
That the City and Licensee, for and in good and valuable consideration of the
mutual covenants and agreements contained herein, do mutually covenant and agree that
said City Secretary Contract No. 28959 is hereby amended as follows: _-, __ _� ____ _
revised 3 27 07
� � �' � � ' ; �
.,�rl ' '
1' ��.,' 15': � d:.: V `�1.,1i�
6
^� r If t' �! 1
� t�;i �.; ����;r�-�� ���.�
i:J�' �� J'C�`J��LbU/c��:�r
- r�� `v',':�'�%�I,n'� �ILS;�,
w
�: �� - �
1.
That City Secretary Contract No. 28959 is hereby amended to amend Section 2,
"Tei�rn" in order to allow the City and Licensee to agi�ee to additional extended terms.
Section 2, "Term" sha11 read in its entirety as follows:
Section 2.
Term.
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 shall automatically extend for one (1) consecutive term of
twenty (20) years beginning on September 1, 2023, so long as Licensee is
in material compliance with this Agreement on said dates, as applicable,
and City has not delivered to Licensee a notice of default under this
Agreement that remains uncured on or before such dates or which cannot
and is not cured by Licensee within a reasonable time after such dates.
After said automatic extension (or if no extension automatically occur
pursuant to the foregoing sentence), this agreement may be extended by
mutual written consent of the Licensee and the City for additional twenty
(20) year term(s), with the extended term date(s) to begin on the day
following the expiration date of the most recent term.
Licensee must notify the City in writing no later than six (6)
months prior to the beginning of the 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 wit� no further obligation,
monetary or otherwise on the part of the Licensee or City.
2.
T'hat City Secretary Contract No. 28959 is hereby amended to amend Section 3.
"License Fees" in order to allow the City to provide for an increase in License Fees.
Section 3. "License Fees" shall read as follows:
Section 3.
License Fees
2
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
E�ibit 66B" 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 Seivices
Department on or before the 1 S` 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 on or before any
subsequent renewal or extension of this License Agreement.
�
That City Secretaxy Contract No. 28959 is hereby amended to amend subsections
b, c, d and e and h of Section 4"Use of Premises" in order to provide for the maintenance
of the premises, provide requirements for construction, to allow for a money provision
from the City, provide for City's approval of design and construction plans, request as-
built drawings and to provide for retention of revenue. Subsections b, c, d, e and h of
Section 4"Use of Premises" shall read in their entirety as follows:
Section 4.
Use of Premises
b. The City shall be responsible for the ma.intenance of the grounds of
the Licensed Premises, including any mowing, fertilizing, or related
costs. The Licensee shall be responsible for the maintenance of the
structures constiucted by the Licensee on the Licensed Premises. The
City shall maintain the grounds and the Licensee shall maintain the
structures conshucted by the Licensee in accordance with City standards.
c. 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 inore than
six (6) times a year for special promotions associated with the Licensee.
These dates and times shall be mutually agreed upon by designees from
both The First Tee and Fort Worth Golf.
�
d. 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, 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, at its sole
cost and expense, shall be responsible for the cost of obtaining any
necessary permits, licenses or payment of taxes incurred or required in
connection with this Agreement.
e. The City will provide an amount not to exceed One Hundred
T'housand Dollars ($100,000.00) of capital costs to be used in conjunction
with the funding from the Licensee for costs associated with the operation
of 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 Pas•ks 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. Licensee shall submit a site 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.
City and Licensee agree that Licensee will award the contract for
construction on the Licensed Premises, subject to the following:
i. Prior to the Licensee making an award of contract for the construction, the
Licensee shall provide sufficient documentation to the City to evidence
that the Licensee will reasonably and timely have sufficient funds
available to meet its obligations under this Agreement.
ii. The City and Licensee agree that the Licensee will cdnstruct the Licensed
Premises for the joint use of the Licensee and the City in accordance with
a set of plans and specifications pre-approved by the City and the Licensee
prior to beginning any construction. The Licensee agrees to conshuct on
the Licensed Premises in compliance with all ctarrent building codes and
guidelines.
iii. City shall not be responsible for the cost of any necessary permits,
licenses, incurred or required or other associated fees in connection with
this Agreement.
iv. The Leased Premises must at all times be kept free of inechanics and
material person's liens. Licensee shall indemnify City against any and all
mechanic and material person's liens or any other type of claims or liens __ _ ,
i ,�, � � � �
, -:
,�, 4A, i
� �, � �' � _, � �_� � ���.� ..� J :l:i
f �;��r rr>'j�,; <<7,} i;,� J j
�' � ;U
>'J 'J 1 . \� l l ,
4 { '„: � C.-�q„
� .��(� `:':`Jl:l�i� hi�:v':o
�
imposed upon the Leased Premises arising as a result of its conduct or
inactivity.
v. Licensee shall require its contractors to provide perforr�ance and payment
bonds covering any such work, in form acceptable to the City Attorney, as
required by Chapter 2253, Texas Government Code.
vi. Licensee will use its reasonable efforts to cause its contractor(s) to comply
with the requirements of City Ordinance No. 15530 and the City's
established goal for the construction portion of this Agreement regarding
the participation of minority and woman owned businesses.
vii. Licensee shall notify City at least 7 days prior to beginning construction.
viii. Licensee for itself, its personal representatives, successors in interest and
assigns, agrees, as a covenant running with the land as part of the
consideration herein in its construction, maintenance, occupancy, use or
operation of the Leased Premises, that no person shall be excluded from
participation in or denied the benefits of Licensee's use of the Leased
Premises on the basis of race, color, national origin, religion, handicap,
sex, sexual orientation or familial status. Licensee fut-ther agrees for itself,
its personal representatives, successors in interest and assigns that no
person shall be excluded from the provision of any services on or in the
construction of any improvements or alterations to the Leased Premises on
grounds of race, color, national origin, religion, handicap, sex, sexual
orientation or familial status.
ix. Licensee is required to comply with all provisions of the Americans with
Disabilities Act of 1990, Public Law 101-336, 42 United States Code
12101 et seq. and all applicable Texas Accessibility Requirements
(collectively, the "Act").
x. Licensee shall begin construction no later than eight (8) months from the
date the City and the Licensee approve the plans. The City may terminate
this Agreement upon thirty (30) days prior written notice if conshuction is
not commenced within such time. The City may extend the time to begin
construction for an additional eight (8} months at the City's sole
discretion.
xi. Licensee must submit two complete sets of fmal construction plans of
detailed working drawings, plans, and specifications and any additional
copies of site plans as required by City for construction for City's approval
within thirty (30) days after this Agreement is executed. If Licensee
wishes to construct any other buildings or improvements or make any
additions or alterations to buildings or improvements for which City's
approval is required under subparagraph a. above, Licensee must submit
two copies of detailed working drawings, plans, and specifications any
such projects for City's approval within thirty (30) days before the project
begins.
xii. No building or other permanent improvement may be constructed on the
Leased Premises unless the plans, specifications, and proposed location of
the building or other improvement has received City's written approval
and the building or other improvement complies with the approved plans,
5
specifications, and proposed location. No material addition to or alteration
of any building or structure or other improvements erected on the Leased
Premises may begin until plans and specifications covering the exterior of
the proposed addition or alteration have been first submitted to and
approved by City.
xiii. City will promptly review and approve all plans or note in writing any
required changes or corrections that must be made to the plans. Any
required changes or cot�rections must be made, and the plans resubmitted
promptly to City. Minor changes in work or materials not a.ffecting the
general character of the project may be made at any time without City's
approval, but a copy of the altered plans and specifications must be
furnished to City.
xiv. Approval by the City shall not constitute or be deemed a release of the
responsibility and liability of the Licensee, its agents, servants, employees,
contractors and subcontractors for the accuracy and competency of its
designs, warlung drawings, and specifications or other engineering
documents. City, by approving the plans and specifications, assumes no
liability or responsibility for the design or for any defect in any the
designs, working drawings and specifications or other documents, or
consh-uction from the plans or specifications prepared by Licensee, their
agents, servants, employees, contractors and subcontractors, (it being the
intent of the parties that approval by City constitutes approval of only the
general design concept of the improvements to constructed).
xv. The Licensee shall require its design professional to prepare asbuilt
drawings based upon final construction, which shall be submitted to and
become the property of the City.
h. The City will incur all annual operating expenses and retain all revenues
generated at Rockwood Golf Course. However, the Licensee shall pay
no fees for the use of the practice facility or practice balls. In addition,
Licensee shall have the right to charge and retain fees in connection with
the First Tee operation and programming. Licensee may accept
monetary or material donations made to the First Tee to support
fundraising efForts through efforts conducted in The First Tee Building
or on the driving range, as long as such efforts are not in conflict with
operations of Rockwood Golf Course. Retained monies shall be used
solely to support the First Tee of Fort Worth programming and its City
of Fort Worth participants
All other terms of Section 4 which are not amended herein, sha11 remain in full
force and effect throughout the term of this Agreement
�
That City Secretary Contract No. 28959 is hereby amended to amend Section 6.
"The First Tee Name, Logo, and Marks" shall be amended in order to allow sale of Logo
�
merchandise. Section 6. "The First Tee Name, Logo, and Marks" shall read in its
entirety as follows:
Section 6.
The First Tee Name, Logo and Marks
The Licensee may conduct all sales of inerchandise 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/learnulg facility or any other part of the
Licensed Premises. No non-logo First Tee merchandise can be sold by
Licensee, so as not to be in direct competition with City of Fort Worth
Municipal Golf Course.
5.
That City Secretary Contract No. 28959 is hereby amended to amend Section 9.
"Insurance" in order for the City to require Licensee to obtain insurance. Section 9.
"Insurance" shall read as follows:
Section 9.
Insurance
Licensee shall require its contractors and design professionals to obtain
and maintain the followin� types of insurance and limits of coverage of
contractors and design professionals during the development, design and
construction of the facility:
(a) Worker's Compensation. Licensee shall require its contractors and
design professionals to obtain and maintain statutory worker's
compensation insurance and Employers Liability coverage ($100,000
Each accident/ occurrence, $100,000 Disease - each employee, and
$500,000 Disease-policy limit) during the design and any construction
work. Licensee sha11 require its con-tractors and design professionals
to cover their subcontractors and subconsultants on their policies or
shall require the subcontractors and subconsultants to obtain and
maintain statutory worker's compensation coverage insurance and
Employer's Liability coverage (with limits as stated above).
(b) Professional Liability Insurance. Licensee shall require any design
professionals providing professional services for the development,
design and/or construction management of the Facility to obtain and/or
maintain professional liabiliTy insurance at a limit of not less than
$1,000,000. If this coverage is obtained on a"claims made" basis, thg
7
- _ _ ,,I
',,,��J';.�'l�!l '�:is�,)�:;�
����ti< <��������1� �'�' G�c�l
.% �1.. � '
�U�`':;;:,i,�,�tf 2�1
��j;'�Jl�.���jl� �I�S�.,:
design professionals will maintain coverage continuously in force for a
period of not less than five years after Facility acceptance.
(c) Commercial General Liabilitv. Licensee shall require its
contractors and design professionals to obtain commercial general
liability insurance at a limit of not less than $1,000,000 each
occurrence and $2,000,000 aggregate.
(d) Builders Risk. Licensee or its general contractor shall carry
builder's risk property insurance on the Facility throughout the
construction period.
(e) Automobile Liability Insurance. Licensee shall require its
contractors and design professionals to obtain and mainta.in business
automobile liability insurance at a limit of not less than $1,000,000
each accident on a combined single limit basis. A commercial
business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
2. Additional Insurance Requirements
(a) The City of Fort Worth, its' Officers, Employees and Volunteers
shall be named as an Additional Insured on the Automobile and
Commercial General Liability policies.
(b) Thirty days (30) prior written notice of cancellation or non-renewal
is required.
(c) Waiver of rights of recovery (subrogation) in favor of the City of
Fort Worth.
(d) The insurers for all policies must be licensed andlor approved to do
business in the State of Texas. Except for workers' compensation, all
insurers must have a minimum rating of A: VII in the current A. M.
Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the
rating is below that required, prior written approval of the City's Risk
Management Division is required.
(e) If insurance policies are not written for specified coverage limits,
an Umbrella or Excess Liability insurance for any differences is
�equired. Excess Liability shall follow form of the primary coverage.
( fl "Unless otherwise stated, all required insurance shall be written on
the "occurrence basis". Prior written approval from the City's Risk
Management Division is required for any claims-made policies. If
fl', ,'_,;s;'.� � 1i 5 �'y�'��;`'_�, �
?J J��'��� !:'v�J�iU
$ � '';���U l'^ ?c��,i ���;s�:'' �U�^J
� .. •:' �!��(
� �� .-1� -, U ji �°,7
if��a '�'3�✓J1���1�➢ Uli�s o
coverage is underwritten on a claims-made basis, the retroactive date
shall be coincident with or prior to the date of the contractual
agreement and the certificate of insurance shall state that the coverage
is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the contractual agreement and for
five (5) years following completion of the contractual agreement. An
annual certificate of insurance submitted to the City shall evidence
such insurance coverage.
(g) Any deductible in excess of $5,000.00, for any policy that does not
provide coverage on a first-dollar basis, must be approved in writing
by the City's Risk Management division.
(h) The City, at its sole discretion, reserves the right to review the
insurance requirements and to make reasonable adjustments to
insurance coverages and their limits when deemed necessary and
prudent by the City based upon changes in statutory law, court
decision or the claims history of the indushy as well as of the
contracting party to the City of Fort Worth. The City shall be required
to provide prior written notice of ninety (90) days. If the City
increases the minimum specified insurance requirements, the City
shall be responsible for the increased costs for such coverage,
including profit and overhead.
(i) The City shall be entitled, upon request and without expense, to
receive copies of policies and endorsements thereto and may make any
reasonable requests for deletion or revision or modifications of
particular policy terms, conditions, limitations, or exclusions except
where policy provisions are established by law or regulations binding
upon either of party or the underwriter on any such policies.
G�
That City Secretary Contract No. 28959 is hereby amended to amend 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
7
501(c)3 of the IRS Code, and (c) World Golf Foundation, Inc./The
First Tee and the City 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.
7.
That City Secretary Contract No. 28959 is hereby amended to amend Section 17.
"Notices" in order to allow the City to require proper notice information. Section 17.
"Notices" shall read in its entirety as follows:
Section 17
Notices
CITY:
Director
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
Facsimile Number: 817-871-5724
WITH COPY TO:
Benita. Falls Harper
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-7631
LICENSEE:
Youth Spoi�ts Council of Fort Worth, Inc. /The First Tee of Fort Worth
3612 West Vickery Blvd.
Fort Worth, Texas 76107
Facsimile Number: 817-732-9677
City or Licensee may change their address or facsimile number for notices by written
notice to the other party at the above or other properly notified address andlor facsimile
number.
1 O
� --� ,1 ;
, � , � ,-
� '� r i J�,=), � :,,t, �
� ;,� ���' ,���r'-,i`i;�r;: ��n.
! `:�':�{I ��.. J�1�v���I11•.!+
J ..,
"' :'.n; L���,ll �7.,1�,
; 5 ��, � J'.:i'�; � ''�Z' ; L �%,
�
�._._., _._..�.__.._� ...,� .�
8.
That City Secretary Contract No. 28959 is hereby amended to add Section 28.
"Damage or Destruction." Section 28, "Damage or Destructiori" shall be read as follows:
Section 28
Damage or Destruction
City shall not be responsible, under any circumstances, for any damage to
property belonging to Licensee, its members, employees, agents,
contractors, subcontractors, invitees, Licensees, or trespassers, which may
be stolen, destroyed, and Licensee hereby releases City from any
responsibility therefore.
If any building or improvement constructed on the Leased Premises is
substantially damaged or destroyed by fi�e or any other casualty, Licensee
shall, at the option of Licensee, within ninety (90) days from the date of
the damage or destruction, either begin to repair, reconstruct, or replace
the damaged or destroyed building or improvement and pursue the repair,
reconstruction, or replacement with reasonable diligence so as to restore
the building to substantially the condition it was in before the casualty or
remove the damaged or destroyed building and restore the property to the
condition it was in before the casualty and terminate the Lease. But if
beginning or completing this restoration is pravented or delayed by war,
civil commotion, acts of God, strikes, governmental restrictions or
regulations, or interferences, fire or other casualty, or any other reason
beyond Licensee's control, whether similar to any of those enwnerated or
not, the time for beginning or completing the restoration (or both) will
automatically be extended for the period of each such delay.
Q
That City Secretary Contract No. 28959 is hereby amended to add Section 29.
"Ownership of Buildings, Improvements, and Fixtures." Section 29. "Ownership of
Buildings, Improvements, and Fixtures." shall read as follows:
Section 29.
Ownership of Buildings, Improvements, and Fixtures
Any buildings, improvements, additions, alterations, and fixtures (except
furniture, movable equipment, and trade fixtures) constructed, placed, or
maintained on any part of the Leased Premises during the Term are
considered part of the real property of the Leased Premises and shall
constitute a portion of the Leased Premises.
11
10.
That City Secretary Contract No. 28959 is hereby amended to add Section 30.
"Right to Remove Personal Property; Fixtures." Section 30, "Right to Remove Personal
Property; Fixtures" shall be read as follows:
Section 30
Right to Remove Personal Property, Fixtures
Licensee may, at any time while it occupies the Leased Premises, or
within a reasonable time thereafter, not to exceed thirty (30) days, remove
personal property, fui•niture, machinery, equipment, or other trade fixtures
owned or placed by Licensee, its subtenant's or Licensees, in, under, or on
the Leased Premises, or acquired by Licensee, whether before or during
the Term and any material extension. On or before the date of expiration
of this Lease or its cancellation, Licensee shall vacate the Leased
Premises, remove all property of and i•epair any damage to any buildings
or improvements on the Leased Premises resulting from the removal,
restoring the Leased Premises to a condition satisfactory to the City. If the
Citq terminates this Lease in accordance with the terms hereof, shall
vacate the Leased Premises, remove said property, and restore the Leased
Premises within such time, as the City shall reasonably designate. In
either event, if sha11 fail or neglect to remove said property within a
reasonable time after the Lease termination date, not to exceed thirty (30)
days, and so restore the Leased Premises, then said pt•operty shall become
the property of the City.
11.
That Ciiy Secretary Contract No. 28959 is hereby amended to add Section 31.
"Entire Understanding." Section 31,. "Entire Understanding." shall be read as follows:
Section 31.
Entire Understanding
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 sha11 have the
meanings assigned to them by the Agreement.
12.
12
� _ ;.
�,;����� ��;�► �'�'�.>� ��n�; �
9 Ir ' � /'• �' � I 1� �1\( �
�;�1�1��� ��'����..��.�<<:, ,.
��� �;; "�1 c� II ?:` ;�`i�",'1.�..._,.�
';; l = ..i : .(_ � 5�;
P__... ._�..,._.
That City Secretary Contract No. 28959 is hereby amended to add Section 32.
"No Partnership or Joint Venture." Section 32., "No Partnership or Joint Venture" sha11
be read as follows:
Section 32.
No Partnership or Joint Venture
Licensee shall operate hereunder as an independent contractor and not as
an officer, agent, servant, or employee of the City. Licensee sha11 have the
exclusive control of, and the exclusive right to, control the work
designated to the Licensee to be performed hereunder, and all persons
perfoiming the same, and shall be solely responsible for the acts and
omissions of its officers, agents, servants, contractors, subcontractors and
employees. Neither City nor Licensee sha11 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 Agreement.
Licensee acknowledges itself solely responsible for such activities and for
all persons and property involved or used in connection with Licensee's
use of the Leased 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 �as or could be asserted under the
doctrine of governmenta.l immunity or any other immunity which it has
under law.
13.
That City Secretary Contract No. 28959 is hereby amended to add Section 33.
"Waiver of Immunity." Section 33., "Waiver of Immunity" shall be read as follows:
Section 33
Waiver of Immunity
If Licensee, as a charitable association, political subdivision, corporation,
entity or individual enterprise, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damage or injury to
property or persons, Licensee, to the extent permitted by law, hereby
expressly waives its rights to plead defensively such immunity, including
governmental immunity, or exemption as against City arising under this
Agreement.
14.
13
That City Secretary Contract No. 28959 is hereby amended to add Section 34.
"Right to Audit" Section 34. "Right to Audit" shall be read as follows:
Section 34
Right to Audit
The City shall, until the expiration of three (3) years following completion
of the construction, have access to and the right to exarriine any directly
pertinent books, documents, papers and records of the Licensee involving
any construction on the Leased Premises, together with the purchase of
any fi�rnishing paid in whole or in part with City funds.
City shall have access during normal working hours to all
necessary Licensee facilities and shall be provided adequate and
appropriate workspace, as then in existence, in order to conduct audits in
compliance with the provisions of this section. The City shall use its best
efforts to give the Licensee not less than 7 working days' advance notice
of intended audits.
Licensee further agrees to include in all its contractor and design
professional agreements hereunder a provision to the effect that the
contractor or design professional agrees that the City sha11, until the
expiration of three (3) years following completion of the construction, and
further that City shall have access during normal working hours to all
contractor or design professional facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with
the provisions of this paragraph. City shall give contractor or design
professional reasonable advance notice of intended audits. Licensee
further agrees to require its contractors and design professionals to include
in all subcontractors or subconsultant agreements the rights of the City to
conduct audits in accordance with this section. In addition, the Licensee
shall include in such contrac�s the provision that the contractors or design
professionals shall agree to photocopy such documents as may be
requested by the City and the City agrees to reimburse the contractors and
design professionals for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
Licensee agrees to photocopy such documents as may be requested by the
City. City agrees to reimburse the Licensee for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying
is performed.
15.
Section 35.
Fiscal Funding Out
14
That City Secretary Contract No. 28959 is hereby amended to add Section
35. "Fiscal Funding Out." Section 35. "Fiscal Funding Out" shall be read as
follows:
If for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the
City may terminate this Agreement to be effective on the later of (i) thirty (30) days
following delivery by the City to Licensee of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council
for the purposes set forth in this Agreement.
That all other terms and conditions of City Secretary Contract No. 28959 which are
not amended herein, shall remain in full force and effect throughout the term of this
Agreement.
WITNES5 REOF, the parties hereto have executed this Agreement this
day of 2007 in Fort Worth, Tasrant County, Texas.
CITY OF FORT WORTH: YOUTH SPORTS COUNCIL
�. ;;
[��� .Z `f: �
By:
Assistant City Manager
Approved as to form and legality:
� C_ -,, ;.
BY. - . _ '; �� � �
Assistant City ttorney �
ATTEST:
City Secretary
_ �
Cor.fir�� u�ho�'i�R�io�
DaLe -- -- -
15
FORT W
.
/
c�� �:�����/ �-"2� r�B ���
4
/��. � -] ' " i ,'l P] /,:� .:; �l ,-`1
v f r' 1`:,T J��:,� ��'.�'V''�i ���'
���s,J- :J��,�,,Y,,;��s�;;,,,3",l
,, _. �� ,
� `� � ?��' �'���
� — ,�;,,; o.�.�.
�, ,✓i1i11.� L,aL,
Page 1 �
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 Goff 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 $350,000. The City's share of the funding would come from the Golf
Unspecified Capital Improvement Project account.
The First Tee is a national organization that was founded in 1997 as an initiative of the World Golf
Foundation and has impacted over 680,000 young people since its inception. The mission of The First Tee
is �to impact the lives of young people by providing learning facilities and educational programs that
promote character-development and life-enhancing values through the game of golf." Currently, `�he �irst
Tee of Fort Worth, has over 260 enrollees in their growing program.
The First Tee and many other local groups require a central place to teach people how to play golf. This
new practice facility will not only be the home of The First Tee of Fort Worth but will also create the
opportunity to develop new golfers through various programming efforts at this practice facility. The golf
division staff will conduct various player development programs targeted at beginning golfers, family golf,
and high school golf programs. This new facility will also serve as an ideal venue for group and individual
lessons.
With the development of the proposed practice facility, the existing Trinity Nine would be replaced with the
proposed teaching and practice facility and three practice holes. It will include 30 teeing stations, putting
green and a short game area for chipping and pitching (see attached conceptuaf plan).
Rockwood averaged 60,000+ rounds of golf in the mid 90's and there was a need for 27 holes to
accommodate this level of play. Since 1999 there has been a steady decline in play and Rockwood
currently averages 3$,000 rounds per year. This decline in rounds is due to the consfruction of many new
courses in the Fort Worth area during the 1990's. The golf business has also seen limited growth in the
''" .,.. `"
http://www.cfwnet.org/council�acketlReports/mc�rint.asp 5/15/2007
Page 2 �
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
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'/ 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 overafl 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 Wo�th 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 fonnrard 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 INF�RMATION/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 Fund/Account/Centers
PE39 481153 0804420 $100,000.00 GC16 541200 080160520130 $100,000.00
Submitted for Cit� Manager's Office by:
Originating Department Head:
Additional Information Contact:
http://www.cfwnet.org/council�acketlReports/mc�rint.asp
Libby Watson (6183)
Randle Haewood (871-5704)
Nancy Bunton (871-5717)
5/15/2007