HomeMy WebLinkAboutContract 36548LICENSE AGREEMENT
TARRANT COUNTY §
STATE OF TEXAS §
CITY SECRETARY
CONTRACT NO.
THIS LICENSE 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, Parker, and Wise Counties, Texas, acting by and through its duly authorized Assistant
City Manager, and YMCA of Metropolitan Fort Worth (Licensee), a Texas non-profit
corporation, acting by and through its duly authorized President.
WHEREAS, the City is the owner of a tract of land located at 3600 Blue Springs
Drive, known as Hulen Meadows and held as a City Park (Park); and
WHEREAS, the City desires to promote the use of Hulen Meadows Park by providing
parking for park patrons; and
WHEREAS, access to the northeast portion of the park will be enhanced by the
parking lot and will allow for a viable trail network between the two sections of the park; and
WHEREAS, Licensee has requested the City to permit the construction, maintenance
and operation of a public parking lot on a portion of the Park shown graphically by the
preliminary conceptual site plan in Exhibit "A" which is attached and made a part hereof; and
WHEREAS, the City has indicated its willingness to approve the establishment of such
facilities and other uses conditioned that Licensee will enter into agreements with the City for the
purpose of determining the respective responsibilities of the City and the Licensee with reference
thereto, and conditioned that such uses are in the public interest and will not damage the Park,
impair safety, impede maintenance, or in any way restrict the operation of the Park; and
WHEREAS, the City and the Licensee desire to enter into this Agreement for the
purpose of providing and using a shared parking area.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
SECTION 1
LICENSED PREMISES
1.01 City grants a license unto Licensee to use and occupy the described portion of Hulen
Meadows Park (hereinafter know as the "Premises") depicted on Exhibit A for constructing,
operating, and maintaining a parking area of approximately .552 acres, located in the
northeastern area of the park, providing driveway access for ingress and egress and
approximately 44 parking spaces on City property of a proposed 72-space parking lot, of which
an appropriate number of spaces will be designated handicapped spaces based on City
ordinances and ADA requirements.
1.02 As consideration for this Agreement, Licensee covenants and agrees to pay to City the
sum of One Dollar and No/Cents ($1.00) per year. The payments under this agreement shall
continue to be due and payable on or before October 1 st of each successive year of this
Agreement. As further consideration for this Agreement, Licensee agrees to construct, operate,
and maintain, at its sole cost and expense on the Premises and on a portion of Licensee's
adjacent property, a 72 space public parking facility as depicted on Exhibit A (hereinafter, the
"Facility") subject to the covenants and conditions set forth in this Agreement.
SECTION 2
TERM OF AGREEMENT
2.01 This Agreement shall be for a period of Ten (10) years commencing on January _,
2008 and terminating on January _, 2018, unless terminated earlier by either party pursuant
to the termination provisions expressed herein. This Agreement may be renewed by mutual,
written consent of all parties for one consecutive ten-year renewal period.
SECTION 3
DESIGN AND CONSTRUCTION
3.01 Licensee, subject to the terms and conditions of this Agreement, shall be permitted to
construct a public parking facility. The Facility shall be constructed only upon prior written
consent of City; such consent shall not be unreasonably withheld. The prior written approval is
required for the general design, location, and construction of proposed Facility by the Parks
and Community Services Director of the City of Fort Worth (Director). All plans and
specifications for the construction of the Facility shall conform to all local, state, and federal
codes, laws, ordinances and regulations now in force or hereafter prescribed by authority of
law. Upon completion and acceptance of construction, title to all permanent improvements
located on City Premises shall vest in the City. Approval by the Director shall not constitute or
be deemed a release of the responsibility and liability of Licensee, its agents, servants,
employees, contractors and subcontractors for the accuracy and competency of its designs,
working drawings, and specifications or other engineering documents. Such approval shall not
be deemed to be an assumption of such responsibility and liability by City for any defect 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 be approval of only the general design concept of the
improvements to be constructed).
Page 2 of 13
3.02 Licensee shall provide, at its own expense, all materials, supplies, tools, equipment,
supervision, labor, and all other accessories and services required to build, construct, and
maintain a parking lot and any adjacent landscaping provided by Licensee. City shall not be
responsible for any costs related to the construction or maintenance of the parking lot or
adjacent landscaping.
3.03 The Licensee shall prepare or provide for the construction plans for the parking lot, and
will provide for the construction work as required by said plans at no cost to the City. Said
plans shall include the design of the access control, adequate landscape treatment, adequate
detail to ensure compliance with applicable structural design standards, sufficient traffic
control provisions, and general layout. Completed plans will be submitted to the Director or
designee for review and approval and when approved shall be attached to the agreement and
made a part thereof in all respects. Construction shall not commence until plans have been
approved by the City. Any future revisions or additions shall be made after prior written
approval of the City.
3.04 Licensee agrees that Licensee shall, at its sole expense, obtain and pay for all necessary
permits, licenses, performance bonds, payment bonds, and taxes incurred or required in
connection with the construction of the Facility.
3.05 If lighting is approved and installed, Licensee shall be responsible for the cost of setting
the meter and monthly electric bill.
3.06 Licensee shall maintain and operate an irrigation system to ensure landscape plantings
receive adequate water to support and maintain their viability during the growing season for the
initial two years of establishment only and thereafter only as necessitated by weather conditions
or extenuating circumstances. Operation and maintenance of a drip irrigation system shall be in
accordance with the City's Water Conservation Ordinance adopted December 4, 2007, and shall
include furnishing materials, updates, upgrades, and repair as may be necessary. Licensee shall
adhere, as required, to the Parks and Community Services Department's "Water
Conservation/Rationing Procedures", Exhibit B. Licensee shall be responsible for all water
impact, water tap/meter fees, and monthly water bills.
SECTION 4
USE OF FACILITY
4.01 Licensee and City shall have unrestricted use of the Facility.
4.02 Licensee covenants and agrees that the Facility shall 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 Facility now or
hereafter in effect and Licensee shall not make any unlawful, improper, immoral, or offensive
use thereof.
4.03 Licensee covenants and agrees that City shall in no way nor under any circumstances
be responsible for any property belonging to Licensee, its members, employees, agents,
contractors, invitees, licensees, or subcontractors, which may be stolen, destroyed, or in any
way damaged while located on the Facility, and Licensee hereby indemnifies and holds
ILI
Page 3 of 13
harmless City from and against any and all such claims. The City does not guarantee police
protection nor expects police protection or other security to be provided by Licensee, and will
not be liable for any loss or damage sustained by Licensee, its members, employees, agents,
contractors, subcontractors, invitees, or licensees on the Facility.
4.04 Licensee shall have the right to erect signs in compliance with all federal, state and
local statutes, ordinances, rules, regulations and specifications, displaying information
regarding the Licensee's facilities, hours, and parking lot use, subject to the prior written
approval of the Parks and Community Services Director. The erection of signs other than
those required for proper use of the area will be prohibited.
4.05 Parking regulations shall be established limiting parking to single unit motor vehicles
of size and capacity no greater than prescribed for 1 I/2 ton trucks, such vehicles to conform in
size and use to governing laws. Parking shall be permitted only in marked spaces.
4.06 Parking of vehicles transporting flammable or explosive loads and use of the Facility in
any manner for peddling, advertising or other purposes not in keeping with the objective of
Licensee or of a public facility is strictly prohibited.
4.07 Licensee shall not be permitted to charge any type of fee for the use of the Facility.
SECTION 5
TAXES AND OTHER CHARGES; UTILITIES; LIENS
5.01 Licensee shall pay promptly when due all 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 City against any and all mechanic's liens or any other type of claims or liens
imposed upon the Premises arising as a result of Licensee's conduct or inactivity.
SECTION 6
COMPLIANCE WITH LAW; EASEMENTS
6.01 Licensee agrees it has inspected the Premises and does hereby accept possession of the
Premises "AS IS" and warrants that it has found them in their present condition suitable for all
purposes under this Agreement, free of any hazards or dangerous conditions that would be
unsuitable for a place designated for parking privately owned vehicles.
6.02 Licensee accepts the property herein described subject to all previous easements, if any,
that may have been granted on, along, over, under or across said property.
SECTION 7
MAINTENANCE, REPAIRS, ADDITIONS, AND REMOVALS
7.01 Licensee agrees to maintain the Facility and keep same in good repair at Licensee's
sole cost and expense. All maintenance, repair and upkeep of the Facility shall be in
accordance with all applicable federal, state and local laws, rules, regulations, and
specifications. Licensee shall neither commit, nor allow to be committed by its employees,
Page 4 of ] 3
agents, contractors, or subcontractors, any waste on the Facility, nor shall the Licensee
maintain, commit or permit the maintenance or commission of any nuisance on the Facility by
its employees, agents, contractors, or subcontractors, or use the Facility for any unlawful
purpose.
7.02 Parking lot maintenance shall include, but not be limited to, repair, replace, or rebuild
surface or sections of surface that are in disrepair; striping; and markers. All landscaping shall
be kept free of debris and all dead plants shall be removed and replaced at the expense of the
Licensee. Licensee shall keep the City informed of any modification planned for the Facility
and shall not conduct any modifications until written City approval is obtained.
7.03 Licensee will do all work and make all repairs necessary or advisable to keep the
surface of the Facility from deteriorating in value or condition (except that caused by normal
wear and tear) and to restore and maintain the Facility and improvements thereon in good
condition, subject to reasonable wear and tear. The City shall have the right, through its agents
and representatives, to make inspections of the Facility for any repairs that, in City's opinion,
are necessary to be performed by Licensee upon the Facility. Unless otherwise specifically
agreed to in writing by the City, Licensee covenants and agrees that it will commence repairs
within sixty (60) days from the date that notice from the City is mailed to the Licensee. Repairs
will be made and completed in an expeditious and workmanlike manner and without
unnecessary delay. In the event that Licensee shall fail to undertake such repairs within the
time provided, it is understood and agreed that City may, within its discretion, make such
repairs as it may deem necessary, and Licensee shall pay the cost of the repairs upon demand
by City following the completion of such repairs.
SECTION S
INDEMNIFICATION
8.01 LICENSEE AGREES TO DEFEND, INDEMNIFYAND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANYAND
ALL CLAIMS, LA WSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND.
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) LICENSEE'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANYNEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
LICENSEE, ITS OFFICERS, AGENTS, ASSOCL4TES, EMPLOYEES, CONTRACTORS
(OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO USING, BUILDING,
OR MAINTAINING THE FACILITY OR THE PERFORMANCE OF THIS AGREEMENT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT
APPLY TO ANYLL4BILITYRESULTING 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
COMPARA TIVELYINA CCORDANCE WITH THE LA WS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.--
7
Page 5 of 13 vJU'i' �t�Ur�j
SECTION 9
INSURANCE REQUIREMENTS.
9.01 Licensee shall, prior to the execution of this Agreement, procure, pay for, and maintain
the following insurance written by companies approved by the State of Texas and acceptable to
the City. The insurance shall be evidenced by delivery to City of executed certificates of
insurance and/or certified copies of policies as determined by City. Licensee covenants and
agrees to obtain and keep in force during the term of this Agreement, Commercial General
Liability Insurance, including Personal Injury Liability, Independent Contractor's Liability,
and Contractual Liability covering, but not limited to, the liability assumed under the
indemnification provisions of this Agreement, with limits of liability for Bodily Injury
(including death) and Property Damage of not less than One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate. Coverage shall be written on an
Occurrence basis and the policy shall include Broad Form Property Damage Coverage.
The insurance policy shall include the following:
1) An initial term of not less than one (1) year.
2) The policy or policies shall require that thirty (30) days prior to cancellation or
any material changed in coverage, a notice shall be given to City by certified
mail;
3) Insurers shall have no right of recovery or subrogation against the City of Fort
Worth, it being the intention that the insurance policy shall protect all parties to
the agreement and be primary coverage for all losses covered by the policies;
4) A Company issuing any required insurance policy shall have no recourse
against the City of Fort Worth for payment of any premiums or assessments for
any deductibles which all are at the sole risk of Licensee;
5) The terms "Owner", "City", or "City of Fort Worth" shall include all
authorities, Boards, Bureaus, Commissions, Divisions, Departments, and
Offices of the City and the individual members, employees, and agents thereof
in their official capacities and/or while acting on behalf of the City of Fort
Worth; and
6) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's self4nsured retention
of whatever nature.
9.02 Licensee hereby waives subrogation rights for loss or damage against the City, its
officers, agents, and employees for personal injury (including death), property damage, or any
other loss.
9.03 .Licensee shall not do or permit its employees, agents, contractors, or subcontractors, to
do anything in or upon any portion of the Facility, or bring or keep anything therein or
thereupon which will in any way conflict with the conditions of Licensee's insurance policy or
policies upon the Facility or any part thereof, or in any way increase the rate of fire insurance
upon the Facility or on property kept thereon, or in any way obstruct or interfere with the right
of others to lawfully use the Facility, or injure or annoy them.
Page 6 of 13
9.04 The City may terminate this Agreement upon failure of the Licensee to provide
acceptable documentation of insurance as required by this Section; provided, however, that the
City must first provide 30 days written notice and opportunity to cure to Licensee (effective
upon receipt by Licensee) stating the documentation needed to comply with this Section;
provided, further, that Licensee's cure period shall be extended for an additional 60 days
following the expiration of the initial 30 day period, so long as Licensee provides written
notice to the City, prior to the expiration of the initial 30 day period, that it is diligently
proceeding in its efforts to provide the City with the required documentation. This cure period
does not apply to Licensee's obligation to maintain insurance during the term of the Agreement
as required by Section 9.01 of this Agreement.
9.05 Certificates of insurance evidencing the above required insurance shall be presented to
the City prior to execution of this Agreement and annually by the expiration date shown on the
insurance certificate for the entire term of the Agreement and any renewal periods.
9.06 The Citv of Fort Worth shall be named as an Additional Insured on Licensee's
insurance policy as to the Facility including building improvements thereon. All insurance and
insurers for policies of the insurance required herein shall be acceptable to the City of Fort
Worth. Licensee shall require any and all sub -licensees and/or subcontractors to maintain
liability insurance at the limits specified herein for the Licensee.
9.07 Licensee shall also require any and all sublicensees and/or contractors/subcontractors to
carry Worker's Compensation Insurance and Employer's Liability Insurance with limits
consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308
. 1.01 et seq Tex Rev Civ Stat). All policies shall name the City of Fort Worth and the
Licensee as additional insureds excepting employer's liability insurance coverage under
Contractor's workers' compensation insurance policy. Licensee's insurance shall provide
coverage for any and all sub -licensees and/or subcontractors in the event any sub -licensee or
subcontractors fails to have insurance coverage in effect if a claim arises out of their
operations, products, product delivery or any other action attributable to a sub -licensee or
subcontractor.
SECTION 10
CHARITABLE ORGANIZATION
10.01 Licensee agrees that if it is a charitable organization, corporations, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or
limitation from and against liability for damage or injury to property or persons under the
provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or
other applicable law, that Licensee hereby expressly waives its right to assert or plead
defensively any such immunity or limitation of liability as against City. Copy of the
documentation stating this organization's status is due annually to the address specified for Parks
and Community Services Department in Section 21 of this document.
SECTION 11
SUBLETTING AND ASSIGNMENT
Page 7 of 13
11.01 Licensee covenants and agrees that it will not subcontract or assign all or any part of its
rights, privileges or duties under this Agreement without the prior written consent of City and
any attempted subcontract or assignment of same without such prior consent of City shall be
void. If assigned per the written consent of the City, Licensee agrees to ensure that any
assignee or sublessee will comply with all terms, provisions, covenants, and conditions of this
contract. Assignment or subletting of this Agreement shall not relieve Licensee from any of its
obligations under this Agreement.
11.02 Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereto are declared to be for the benefit of and binding
upon their respective successors, representatives and assigns, if any.
SECTION 12
FORCE MAJEURE
12.01 It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of
God, inclement weather, governmental restrictions, regulations, or interferences, fires, strikes,
lockouts, national disasters, riots, material or labor restrictions, transportation problems, or any
other circumstances which are reasonably beyond the control of the party obligated or
permitted under the terms of this Agreement to do or perform the same, regardless of whether
any such circumstance is similar to any of those enumerated or not, the party so obligated or
permitted shall be excused from doing or performing the same during such period of delay.
SECTION 13
EVENTS OF DEFAULT BY LICENSEE; REMEDIES OF CITY, AND TERMINATION
13.01 It is expressly provided that Licensee shall have the right to terminate this Agreement
without cause upon thirty (30) days written notice to City. Upon the exercise of any such right
of termination , all obligations herein to make improvements or repairs to said Facility shall
immediately cease and terminate. Should the parties agree to a renewal of this Agreement for a
second ten (10) year term as provided in Section 2, the City shall have the right to terminate
this Agreement during such second term without cause upon thirty (30) days written notice to
the Licensee.
13.02 It is expressly provided that the City shall have the right to terminate this Agreement for
Event of Default. The following shall be deemed events of default (herein so called) by Licensee
under this Agreement:
a. Licensee fails to use the Facility as provided in this Agreement;
b. Licensee makes a transfer in fraud of creditors, or makes an assignment for the
benefit of creditors;
c. Licensee fails to comply with any other term, provision or covenant of this
Agreement in any material respect.
If an event of default occurs, the City shall give written notice that describes the default in
reasonable detail to the Licensee. The Licensee must commence curing such default within
Page 8 of 13
seven (7) calendar days after the time it receives the notice from the City, and then complete
the cure within thirty (30) days thereafter.
On or before the date of expiration of this license or its termination ,Licensee shall vacate the
Premises and remove all property of Licensee therefrom. If the City terminates this
Agreement pursuant to any right to terminate contained in this Agreement, Licensee shall
vacate the Premises and remove said property within such time as the Parks and Community
Services Director of the City of Fort Worth shall reasonably designate. In either event, if
Licensee shall fail or neglect to remove said property, then said property shall become the
property of the City, without compensation and no claim for damages against the City or its
officers or agents shall be created by or made on account thereof.
SECTION 14
REMEDIES; NO WAIVER
14.01 The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
SECTION 15
NO PARTNERSHIP OR JOINT ENTERPRISE
15.01 Licensee shall conduct all activities on the Premises as Licensee under this Agreement,
and not as an officer, agent, servant or employee of City; Licensee shall have exclusive control
of or the exclusive right to control the activities performed on the Premises by its officers,
agents, employees, contractors, or subcontractors, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, or subcontractors; that the doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
volunteers, employees, contractors, or subcontractors; and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Licensee.
SECTION 16
HOMELAND SECURITY
16.01 If the United States Department of Homeland Security issues a Level Oran a or Level
Red Alert, the City, in its sole discretion, may close or postpone the opening of the parks,
community centers, and related facilities in the interest of public safety.
SECTION 17
NON-DISCRIMINATION/DISABILITIES
17.01 Licensee, in its construction, maintenance, occupancy, use, or operation of the Facility,
shall not discriminate against any person or persons because of race, age, gender, religion,
color, national origin, sexual orientation, or disability.
Page 9 of 13
SECTION 18
LICENSES AND PERMITS
18.01 Licensee agrees that Licensee will obtain and pay for all necessary permits, licenses
and taxes incurred or required in connection with the operation and construction of the Facility.
18.02 With the use and/or provision of amplified or non -amplified music in a City of Fort
Worth facility, Licensee agrees to assume full responsibility for complying with the Federal
Copyright Law of 1978 (17 U.S.C. 101, et seq.). This law states that the user is responsible for
abiding by royalties, copyrighted works, and securing permission from artists/performers for
any music used.
18.03 Copy of the documentation stating this organization's status as a 501(3)(c) entity is due
annually, by October 1 S` of each, to the address specified for the Parks and Community
Services Department in Section 21 of this Agreement.
SECTION 19
VENUE AND JURISDICTION
19.01 This Agreement 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 or the United States District Court for the Northern District of
Texas, Fort Worth Division.
SECTION 20
WAIVER, SECTION HEADINGS, AND SEVERABILITY
20.01 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 not materially prejudice either Licensee or City in connection with the rights and
obligations contained in the valid covenants, conditions or provisions of this Agreement.
SECTION 21
NOTICES
21.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid,
certified mail, return receipt requested, and addressed to the other party as follows:
City:
Parks and Community Services
Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With copy to:
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
Page 10 of 13
Licensee:
YMCA
512 Lamar St, Ste 400
Fort Worth TX 76102
Attn: President/CEO
21.02 Mailing of all notices pursuant to this Section shall be deemed sufficient if mailed
postage prepaid and addressed as specified above, unless either party has been notified in
writing of any changes. All time periods related to any notice requirements specified 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.
SECTION 22
MISCELLANEOUS PROVISIONS
22.01 It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers.
22.02 This written instrument constitutes the entire Agreement by the parties hereto concerning
the use of the Facility and obligations of the parties. Any prior or contemporaneous oral or
written agreement which purports to vary from the terms hereof, shall be void. It is understood
and agreed that all the provisions of this Agreement are applicable except where specifically
modified in writing by addendum, in which case such Addendum shall apply.
22.03 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party, regardless of the actual drafter of this Agreement.
12.04 The provisions and conditions of this Agreement are solely for the benefit of the City and
Licensee, and any lawful assign or successor of Licensee, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
22.05 By executing this Agreement, Licensee's agent affirms that he or she is authorized by
Licensee to execute this Agreement and that all representations made herein with regard to
Licensee's identity, address and legal status (corporation, partnership, individual, etc.) are true
and correct.
22.06 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative
defense, which maybe asserted by the City or Licensee as to any claim of any third party.
22.07 The City represents to Licensee that both the Facility and that portion of the Facility
located solely on Licensee's property represent conforming uses and that the termination of this
Agreement shall not render non -conforming that portion of the Facility located solely on
Licensee's property, provided there is no change in the current zoning classification or a change
in use of the property.
IN WITNESS WHEREQF the said pa.
to duplicate originals on this ^i day of
ve hereto_ set their hands and seal of office
Page 11 of 13
CITY OF FORT WORTH
By:
LilS�v W
Approved as to Form:
By:
Bem�a rails narpnr
Assistant City Attormv
ATTEST:
contract Authorization
date
City Manager
YMCA OF METROPOLITAN FORT
WORTH
By:
Tony Shun
sident/CEO
Page 12 of 13
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Page 1 of 1
City of Fort Worth, Texas
• � • • •
DATE: Tuesday, December 18, 2007
LOG NAME: 80HULENPARK2
REFERENCE NO.: **C-22587
SUBJECT:
Authorize the City Manager to Enter into a License Agreement with the YMCA for the Use of a
Portion of Hulen Meadows Park for a Parking Lot
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a license agreement with
the YMCA for the use of a portion of Hulen Meadows Park to construct a parking lot for use by park and
YMCA patrons.
DISCUSSION:
On September 25, 2007, City Council approved M&C L-14400 authorizing the conversion of approximately
0.552 acres of parkland at Hulen Meadows Park for the construction of a parking lot. The parking lot will be
located on the eastern portion of the park parallel to McCart Avenue and on property owned by YMCA.
The presence of the parking lot will help promote and enhance the use of the park. Access to the eastern
portion of the park is difficult as the boundaries of the drainage channel and Bethany Fellowship Church
property disconnect it from the remaining portions of the park. The YMCA has been able to obtain a letter of
commitment from the church fora 30-foot easement along the rear portion of their property for the
development of a trail connection. This key linkage will allow for a viable trail network and the provision of
the parking will service the trail users.
The 72 space parking lot will provide parking for both park and YMCA patrons and represents an effective
collaboration between the City of Fort Worth and the YMCA. The YMCA has agreed to fund, build, and
maintain the parking lot. The term of the license agreement is for 10 years with one 10-year renewal option
upon agreement of the parties.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that there will be no material impact on City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
Libby Watson (6183)
Richard Zavala (5704)
Sandra Youngblood (5755}
. m /.._ _ ____.�4 ....«
1 /3 0/200