HomeMy WebLinkAboutContract 28959-A3 CITY SECRETARY
• CONTRACT NO. a$�6LI "
AMENDED AND RESTATED LEASE AGREEMENT
FOR PORTIONS OF ROCKWOOD PARK AND GOLF COURSE
THIS AMENDED AND RESTATED LEASE AGREEMENT FOR PORTIONS OF
ROCKWOOD PARK AND GOLF COURSE ("Agreement') is made and entered into
this _ day of Al q/Z t W , 2011, by and between the CITY OF FORT
WORTH (the "City"), a home-rule municipal corporation of the State of Texas, acting
by and through its duly authorized Assistant City Manager, and the FORT WORTH
JUNIOR GOLF FOUNDATION, INC., DBA THE FIRST TEE OF FORT WORTH
(the "Foundation"), a Texas non-profit corporation acting by and through its duly
authorized Executive Director (sometimes the City and the Foundation are referred to
herein individually as a"Party" and collectively as the "Parties").
WHEREAS, the First Tee program is a division of the World Golf Foundation,
Inc. that seeks to provide young people of all backgrounds an opportunity to develop life-
enhancing values such as confidence, perseverance, and judgment through golf and
character education; and
WHEREAS, the City, through its Parks and Community Services Department,
seeks to encourage and increase public participation in recreational opportunities offered
at City facilities such as the golf courses located throughout the City; and
WHEREAS, on July 31, 2003, the City entered into City Secretary Contract
28959 (M&C C-19671) with Youth Sports Council of Fort Worth, Inc. for the use of
portions of Rockwood Park and Golf Course ("RGC") to meet land and facility
requirements associated with designation of Youth Sports Council of Fort Worth, Inc. as
the local chapter of the First Tee program; and
WHEREAS, City Secretary Contract 28959 has been amended twice by mutual
agreement of the City and Youth Sports Council of Fort Worth, Inc.; and
WHEREAS, the second such amendment, City Secretary Contract 35314 (M&C
C-21452), allowed for assignment of the agreement under certain specified conditions to
another non-profit entity designated as the local chapter of the First Tee program; and
WHEREAS, in August 2006, the Foundation filed Articles of Incorporation with
the Texas Secretary of State to operate as a non-profit corporation; and
WHEREAS, in 2007 the Foundation was designated as the Iocal chapter of the
First Tee Program and was assigned and transferred rights and duties under City
Secretary Contract 28959, as amended; and
WHEREAS, the Foundation has commissioned plans for the construction and
development of a golf learning center at RGC (the "Learning Center") and is planning to
begin construction in the near future; and
OFFICIAL RECORD
CITY SECRETARY
L.t:ase Agri'c:ment for Use of Po:rtions of RoAwood Park and Golf Course 'Pt:WURTH, TX
WHEREAS, City Secretary Contract 28959 would require further amendment to
facilitate the financing and construction of the Learning Center; and
WHEREAS, as an inducement to the Foundation to invest in the City-owned
RGC, City staff recommended that the City agree to reimburse the Foundation for some
portion of the value or cost of the Learning Center in the event that the City elects not to
renew or to terminate its agreement with the Foundation, and
WHEREAS, City staff and the Foundation wish to enter into a new, amended and
restated lease rather than continue to amend the existing agreement; and
WHEREAS, on November 16, 2010, the Fort Worth City Council approved
M&C C-24605, which authorized execution of an amended and restated lease agreement
between City and Foundation; and
WHEREAS, the Parties desire to simultaneously terminate City Secretary
Contract No. 28959 and all amendments thereto and enter into this Agreement.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the promises and the mutual covenants herein contained,
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and the Foundation do hereby agree as follows:
I. PURPOSE
This Agreement is for the purpose of allowing the Foundation to use designated portions
of RGC for the operation of a youth golf development and education program open to all
youth, including those who are physically or mentally disabled, economically
disadvantaged, or members of ethnic, racial, or other minorities, and to construct and
operate the Learning Center in support and furtherance of the program.
2. DEFINITIONS
In addition to terms elsewhere defined in this Agreement, the following terms shall have
the meanings set forth in this Section 2 for purposes of this Agreemenr.
"Golf Director" shall mean the Assistant Director of the City's Parks and
Community Services Department charged with managing the City's golf facilities
and program and that individual's authorized representatives, including but not
limited to the head golf professional assigned to the RGC.
"Lower Parking Lot" shall mean the parking lot that is located adjacent to the
existing RGC clubhouse and that exists as of the date this Agreement is executed.
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"Material Alteration" shall include (i) any alteration requiring excavation of soil
and (ii) any change affecting the basic size, shape, or configuration of the
Learning Center. Routine maintenance or cosmetic alteration that does not
require the excavation of soil shall not constitute a Material Alteration
"Program Director" shall mean the Executive Director employed by the
Foundation to handle day-to-day management and operation of the Foundation's
youth golf development and education program and that individual's authorized
representatives.
"Upper Parking Lot" shall mean the parking lot that is located adjacent to the
existing RGC main entrance and that exists as of the date this Agreement is
executed.
3. PREMISES
This Agreement outlines the terms governing Foundation's use of the following four
tracts of land (collectively, the "Premises") located in Rockwood Park and Golf Course,
1851 Jacksboro Highway, Fort Worth, Texas76114:
Tract One—Learning Center Area
Being an approximately 0.43 acre tract of an approximately 277.4637 acre tract
known as Rockwood Park and Golf Course. The location and boundaries of Tract
One are illustrated in Exhibit A, which is attached hereto and incorporated herein for
all purposes as though it were set out at length.
Tract Two— Practice Facilities
Consisting of the driving range, the adjacent practice bunker, and the two adjacent
practice greens in existence at RGC as of the execution of this Agreement
(collectively, the "Practice Facilities").
Tract Three— Practice Holes
Consisting of three practice holes to be developed by the City at the City's sole
cost and expense (using, in part, funds previously committed under the Second
Amendment to City Secretary Contract No. 28959) and to be located to the north
and west of the existing RGC clubhouse on a portion of the former "Trinity Nine"
course (the "Practice Holes").
Tract Four— Temporary Staging Area
Consisting of an area of RGC to be mutually agreed to by the Golf Director and
Program Director prior to commencement of construction to be used for short-
term storage and staging of materials during construction of the Learning Center
(the "Tempop rare Sta inArea"}. The location and approximate size of the
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Temporary Staging Area shall be memorialized by execution of a written
addendum to this Agreement signed by the Golf Director and Program Director.
The Golf Director and the City may not unreasonably withhold, delay or
condition agreement with the Program Director as respects such Tract Four and/or
the execution of a written addendum as respects the same.
4. TERM
The primary term of this Agreement shall be for a period of twenty (20) years,
commencing on March f�, 2011, and ending on March , 2031, unless terminated
earlier in accordance with Section 29.
This Agreement will automatically be renewed for a single twenty-year period unless
either Party provides written notice of non-renewal to the other Party at least twelve (12)
months prior to the expiration of the initial term.
5. CONSIDERATION
Compensation to be provided to the City for use of the Premises by the Foundation shall
consist of both monetary and non-monetary consideration.
As monetary consideration for use of Tract One and Tract Two pursuant to this
Agreement, the Foundation shall pay to the City the sum of one dollar($1.00) per annum.
This payment shall be payable at the administrative offices of the City's Parks and
Community Services Department on of before the I` of September of each year that this
Agreement remains in effect. Alternatively, Foundation may elect to pay the fee for the
entire term at the execution of this Agreement or of any subsequent renewal or extension
thereof.
As monetary consideration for use of Tract Three, the Foundation shall pay for use of the
Practice Holes in accordance with the fee schedule in effect at the time the use occurs,
provided, however, that the City shall provide for a discounted rate to be applicable to
Foundation's use of the facilities located on Tract Three which represents a discount of at
least twenty-five percent (25%) of the lowest rate then offered.
As non-monetary compensation for use of the Premises pursuant to this Agreement, the
Foundation has previously provided substantial contributions toward the development of
the Practice Facilities and shall throughout the term of this Agreement materially comply
with all covenants and promises expressed in this Agreement and shall operate a youth
golf education and development program to provide young people of all backgrounds an
opportunity to develop life-enhancing values such as confidence, perseverance, and
judgment through golf and character education and to promote recreational opportunities
available at City golf facilities and similar venues.
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The Parties agree that the consideration detailed above fairly compensates the City for the
use of the Premises by the Foundation, and City acknowledges receipt and acceptance of
this consideration.
6. PERMITTED USE OF PREMISES AND RGC
RGC Operating Hours
Foundation understands and acknowledges that RGC is a controlled-access facility and
that no portion of the Premises or of RGC will generally be accessible outside of
Rockwood Golf Course's regular business operating hours. The Foundation shall be
provided with keys or combinations to the front gate to allow access to RGC outside of
RGC's regular business hours. The Foundation shall provide the City with at least seven
(7) days' advance notice of any public event to be held on the Premises outside of RGC's
regular business hours. In addition, Foundation shall generally keep the Golf Director
and other RGC staff apprised of the presence of Foundation personnel and use of RGC by
Foundation outside of regular business hours.
Tract One
For and in consideration of the monetary payments to be made hereunder and the other
covenants and promises expressed herein, the City does hereby agree to lease and demise
to the Foundation the property identified above as Tract One for purposes of constructing
and operating the Learning Center.
In constructing and operating the Learning Center, Foundation hereby agrees to
materially comply with all terms and conditions of this Agreement as well as with any
applicable statute, ordinance, or regulation of federal, state, or local government.
Tract Two
Subject to the conditions of this section, the Foundation shall have a right during its
scheduled class times to use, without charge, including, without limitation, for range
balls, one-half of the total number of hitting stations at the existing RGC driving range
(such hitting stations to be immediately adjacent to one another) and the two adjacent
practice greens and associated practice bunker. Exercise of this privilege shall be
contingent on Foundation providing its schedule of classes to the Golf Director for
review and reasonable comment at least thirty (30) days prior to the date of the first
session of a scheduled class; however, the Parties may, by mutual consent, agree to a
shorter notice period to allow for the offering of additional classes to meet higher-than-
anticipated demand or to accommodate other circumstances. The remaining hitting
stations and all other putting and practice greens located at RGC shall generally be
available to the public while Foundation classes are in session. If a program participant
comes to RGC to use a hitting station outside of scheduled class times and shows a
current, valid Foundation program pass, the program participant will be allowed free use
of a hitting station and range balls subject to availability.
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Foundation shall have the ability three (3) times per year to reserve the entirety of the
Practice Facilities, including all of the hitting stations. Exercise of this right shall be
contingent on Foundation giving the Golf Director at least sixty (60) days' advance
written notice of such intended closure; however, the Parties may, by mutual consent,
agree to a shorter notice period. The Golf Director shall have discretion to approve
additional days of exclusive use of the Practice Facilities as requested by the Foundation.
The City shall have the ability to close the entirety of the Practice Facilities to all
members of the public, including the Foundation, up to three (3) times per year. Exercise
of this right shall be contingent on the Golf Director giving the Program Director at least
sixty (60) days' advance written notice of such intended closure; however, the Parties
may, by mutual consent, agree to a shorter notice period.
Tract Three
Following their development, the Practice Holes shall be programmed by the Golf
Director and made available to the general public and to the Foundation for reasonable
use (when possible) in connection with the Foundation's scheduled classes. The Golf
Director and Program Director shall be authorized to execute an addendum to this
Agreement to establish the amount of time the Practice Holes will be available for use in
connection with Foundation's youth golf program.
Tract Four
For a period of two hundred seventy(270) days (or less as determined by the Foundation)
following execution of this Agreement ("Initial Construction Period"), the City licenses
to the Foundation on an exclusive basis access to and use of that portion of the RGC
designated in written addendum to this Agreement as Tract Four for use as a Temporary
Staging Area for short-term storage and staging of materials during initial construction of
the Learning Center.
In accessing and using the Temporary Staging Area, the Foundation shall materially
comply with all of its obligations and responsibilities under this Agreement.
To the extent that Foundation's use of the Temporary Staging Area interferes with access
to existing cart and pedestrian paths at RGC, the Foundation shall, at is sole expense and
following consultation with the Golf Director, establish and maintain temporary
replacement paths for use by RGC patrons. If the Foundation fails to meet its obligations
in a timely manner with respect to establishing and maintaining replacement paths, the
City shall have the right, following notice to the Foundation, to contract with a third party
for the performance of Foundation's obligations; and the Foundation agrees to reimburse
the City for the actual costs of such activities.
After construction of the Leaming Center is complete, the Foundation shall, at is sole
expense, restore the Temporary Staging Area and remove any temporary replacement
Lease AgrCCITIe,t for Usc of Portions of Rockwood Park and Golf Course Value o of 32
paths and restore all affected property to a condition that is substantially equal to or better
than the one in which such property existed prior to its use by Foundation. if the
Foundation fails to meet its obligations in a timely manner with respect to removing the
replacement paths and substantially restoring all affected property, the City shall have the
right, following notice to the Foundation, to contract with a third party for the
performance of Foundation's obligations, and the Foundation agrees to reimburse the
City for the costs of such activities.
The Foundation's rights in Tract Four hereunder shall be strictly limited and shall fully
and absolutely terminate and be of no further force and effect at the conclusion of the
Initial Construction Period. After the Initial Construction Period has ended, all rights of
the Foundation in and to the Temporary Staging Area shall, automatically and without the
need for any further documentation, fully and unconditionally terminate, whereupon the
Foundation shall have no right of entry or use of the Temporary Staging Area hereunder.
Parking Lots
The Foundation shall have a non-exclusive license to use the RGC parking lots in
accordance with the terms of this paragraph. Foundation's full-time and regular part-time
employees shall be permitted to park in the Lower Parking Lot. Except as otherwise
provided, the Foundation shall use all reasonable efforts to ensure that all other
individuals associated with the youth golf program, including, but not limited to,
volunteers, contract instructors, and parents of program participants, park their vehicles in
the Upper Parking Lot. Notwithstanding anything in this paragraph to the contrary,
individuals with a valid State-issued handicapped parking hang tag or license plates shall
be permitted to park in any designated parking space.
7. ACCEPTANCE OF PREMISES
The Foundation takes all portions of the Premises and all appurtenances in "AS IS"
condition without any express or implied warranty on the part of the City. The
Foundation accepts the Premises in their present conditions, finds them suitable for the
purposes intended, and further acknowledges that it is thoroughly familiar with such
conditions by reason of a personal inspection and does not rely on any representations by
the City as to the conditions of the Premises or their suitability for the purposes intended.
The Foundation accepts the Premises subject to any and all previously recorded
easements that may have been granted on, along, over, under, or across said property, and
releases the City from any and all damages, claims for damages, loss, or liabilities that
may be caused to invitees, licensees, or trespassers by reason of the exercise of such
rights or privileges granted in said easements. The Foundation's taking possession of the
Premises shall be conclusive evidence that: (i) the Premises are suitable for the purposes
and uses for which same are leased; and (ii) the Foundation waives any and all defects in
and to the Premises and all appurtenances thereto. The City shall not be liable to the
Foundation, its agents, employees, contractors, subcontractors, invitees, licensees, or
guests for any damage to any person or property due to the acts or omissions on the
Premises of the Foundation, its agents, employees, contractors, subcontractors,
Lease Ag, ement for L'se rr.Cllortwns of Rockwood Park and Golf Course Pugs'ut 32
volunteers, or program participants unless such damage is caused by the gross
negligence or willful misconduct of City or its agents, employees, separate
contractors or subcontractors.
8. MINERALS EXCLUDED
There is exempted from this Agreement all oil, gas, and minerals in and under the lands
above-described and the right to mine and remove the same, provided such mining and
removal does not materially interfere with the operation of the Foundation thereon.
Subject to the foregoing sentence, this Agreement is made subject and subordinate to the
terms and provisions of any valid oil, gas, and/or mineral lease or leases executed by the
City before commencement of this Agreement.
9. RESERVATION OF RIGHTS BY CITY
Foundation understands and agrees that the City shall continue to own the Premises and
the RGC in fee simple and shall retain all rights associated with the Premises and RGC
not specifically granted under this Agreement. The City reserves to itself, its agents,
assigns, and employees the right to enter the Premises at any time for the purpose of
consulting with the Foundation; making inspection of the Learning Center; maintaining
and making repairs and improvements to City-owned property; and developing oil, gas or
other mineral resources; provided, however, that City will provide reasonable advance
written notice to the Program Director on any occasion where City desires to enter the
Learning Center at a time other than the Learning Center's regular operating hours. In
addition, the City does not relinquish the right to control the management of the Premises
as a public park or the right to enforce all necessary and proper rules for the management
and operation of the same. Members of the City's police, fire, parks, code enforcement,
health, and other designated departments shall have the right at any time to enter any
portion of the Premises (without causing or constituting a termination of the use or an
interference of the use of the Premises by the Foundation) for the purpose of inspecting
the Learning Center, maintaining City-owned property located thereon, and performing
any and all activities necessary for the proper conduct and operation of public property,
provided, however, that this right shall not authorize or empower City to direct the
activities of the Foundation or cause the City to assume liability for Foundation's
activities. The City will at all times have keys with which to unlock all doors and
gates on the Premises, and Foundation will not change or alter any lock thereon
without notifying the City in advance of the same.
10. NO SERVICES
Unless otherwise specified in this Agreement, the City shall not furnish the Foundation
with any utilities, cleaning, lighting, security, fence, gate, or any other items or services
for the Premises.
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11. UTILITIES
Utilities other than Water
The Foundation shall not use the City's electrical power or any other utility services
purchased by the City (save and except water and sewer service as provided below) for
construction, installation, operation, maintenance, repair, or reconstruction of the
Learning Center. Prior to placing any permanent utility improvements on the Premises or
RGC, the Foundation must obtain written approval from the Golf Director, which
approval shall not be unreasonably withheld, delayed and/or conditioned. Any
permanent utility improvements shall become the property of the City but shall be subject
to the Foundation's use hereunder. If the Foundation elects to draw electricity and other
utilities on the Premises or obtain separate utility service from any utility company that
provides such service, the Foundation does so at its sole cost, risk, and expense. If
Foundation chooses to draw electricity or other utilities, Foundation shall arrange for the
installation of a separate meter as well as a separate main breaker for electrical service.
The City shall have the right to approve the exact location of the proposed utility routes
and the manner of installation.
Water Utilities
Extension of Water Main
In order to provide water service to the Learning Center, both Parties agree that it is
necessary to construct an 8" water main from under Jacksboro Highway, and within the
Texas Department of Transportation's right-of-way as shown in Exhibit B. The
elements of the water main construction have been divided into Part A and Part B on
Exhibit B for the purpose of apportioning financial responsibility under this Agreement.
Both parties agree that the impact fees assessed pursuant to the City Code to this 8 inch
water main have been paid and are not due or owing.
Part A
The Foundation shall be solely responsible for all costs associated with the construction
and installation of the water main shown in Part A of Exhibit B. Such costs shall
include: the pipe boring, 8" GV, 8"x8" tee, tap fees, a b" fire line, and the engineering
and design fees for the fire line and the Part A portion of the water main extension.
Part B
The Foundation shall also initially pay the costs associated with the portion of the water
main extension identified as Part B on Exhibit B. but such costs shall be subject to fifty-
percent reimbursement by the City's Parks and Community Services Department as
detailed below. Costs associated with Part B shall include that section of the 8" water
line, the fire hydrant, pipe fittings, and the engineering and design fee associated with the.
Part B portion of the water main extension.
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Additional Duties of the Foundation
Additionally, the Foundation shall be solely responsible for the cost of any necessary
backflow prevention device and/or any private plumbing for the Foundation's sewer
service, and City shall be under no obligation to reimburse Foundation for any portion of
such costs. The Foundation shall not be responsible for any easement or similar land-use
fees within the boundaries of RGC associated with the installation of the water main or
lines associated with sewer service to the Center.
Additional Duties of the City
The City shall relocate the City's water meter, which is currently situated in the night-of-
way on the southwest side Jacksboro Highway, to the termination point of the water line
at the City's sole cost. Following installation of the water line and relocation of the
meter, the City shall assume all maintenance of both Parts A and B of the water line,
which shall then be a public line. In addition, the City (through its Parks and Community
Services Department) shall assume responsibility for all water and sewer retail
consumption costs for RGC, including those associated with operation of the Learning
Center.
Final Accounting of Reimbursable Line Installation Costs
Within thirty (30) days of the date that the water main extension is complete, the
Foundation shall provide City a final accounting of all direct costs associated with
construction and installation of Part B and excluding (i) the costs of any backflow-
preventer device dedicated solely to serving Foundation facilities and (ii) any monetary
or in-kind contribution made by the City towards the cost of this portion of the line
("Reimbursable Line Installation Costs").
If the City requires additional reasonable information regarding any of the reported costs
or disputes any aspect of the accounting, the City shall have sixty (60) days in which to
request in writing the specific additional information or to provide the Foundation with
written notice of any disputed costs. The Foundation shall use all reasonable efforts to
provide the City with requested additional information and explanation and to resolve any
alleged dispute.
In the event that City does not respond to Foundation in writing within sixty (60) days or
that City agrees with the final accounting reported by the Foundation. that number shall
be the basis of any reimbursement required by this section.
Reimbursement
When construction of a new clubhouse for RGC begins, the City will promptly pay to
Foundation one-half of the Reimbursable Line Installation Costs as defined above.
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Extension of Fresh Water Lines
Each Party shall be solely responsible for all design and construction costs associated
with extending any fresh water line from the new vault to that Party's facilities.
Irrigation System
Foundation shall, if required in connection with the issuance of City building permits,
develop, install, and pay for landscape irrigation equipment to connect to the existing
RGC irrigation system and service Tract One. City will cooperate with Foundation in
developing and designing said irrigation equipment and assist as needed with the
interconnection with the existing RGC system to avoid coverage duplication and
promptly provide information to Foundation related to the same, including, without
limitation, the locations of existing irrigation system lines and zones.
12. NO WASTE OR UNDUE BURDEN
The Foundation covenants and agrees that it will not make or suffer any waste of the
demised Premises or any part thereof and shall materially comply with all federal, state,
and local laws, regulations, and ordinances that are applicable to the Premises.
Foundation's operations and actions under this Agreement shall be accomplished so as
not to place an undue burden on the present or future use of RGC by the City or the
public. If the City determines, in its sole discretion, that the Foundation's use places an
undue burden on any portion of RGC, the Foundation shall, at its sole cost and expense,
take all actions reasonably determined by the City to be in the public interest to remove
or alleviate the burden. The City acknowledges and agrees that Foundation's reasonable
actions in connection with the construction of the Learning Center in accordance with the
terms of this Agreement shall not be deemed an undue burden for purposes of this
paragraph.
13. DESIGN AND CONSTRUCTION PLANS
City Approval of Plans Required
Foundation shall not commence any construction or material alteration of the Learning
Center until design and construction plans have been approved by the City in writing.
City acknowledges that it has approved such plans.
Approval by the City shall not constitute or be deemed a release of the responsibility and
liability of the Foundation, its agents, servants, employees, contractors, or subcontractors
for the accuracy and competency of its designs, working drawings, specifications, or
other engineering documents. In approving the plans and specifications, City assumes no
liability or responsibility for the design or for any defect in any the designs, working
drawings, specifications, or other documents prepared by Foundation, its agents, servants,
employees, contractors, or subcontractors or for any construction undertaken on the basis
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of such plans, specifications, or other documents, it being the intent of the parties that
approval by City constitutes approval of only the general design concept of the
improvements to be constructed or altered.
Process for Approval
The Foundation shall deliver to the City four (4) complete paper sets and one complete
electronic set of detailed design and construction plans and specifications ("Proposed
Plans") showing each and every proposed element, facility, or improvement and the
precise location thereof on the Premises. Within ten (10) days of receiving the Proposed
Plans, the City shall conduct its review and decide whether to approve or disapprove the
Proposed Plans. To the extent the City disapproves all or any part of the Proposed Plans,
the City shall, within fifteen (15) days of receiving such plans, provide Foundation a
written explanation of the reasons for disapproval and suggested cures. Foundation shall
then submit revised Proposed Plans, which shall be subject to the same review and
approval process described herein. After Proposed Plans have been approved in writing
by the City, they will be referred to as the"Approved Plans."
Revision of Approved Plans
If permitting or regulatory changes or unforeseen conditions discovered during
construction prevent the Foundation from adhering to Approved Plans in any material
respect, the Foundation shall submit revised design and construction plans for approval
("Revised Plans"). Revised Plans shall be subject to the review and approval process
described above. After Revised Plans have been approved by the City in writing, they
will be referred to as the "Revised Approved Plans."
Minor changes in work or materials not affecting the general character of the project may
be made at any time without City's approval, but the Foundation shall provide the City
with written notice of any such change and shall furnish the City with copies of any
altered plans and specifications.
Requirement of"As Built" Plans
Within one month of completion of the construction or material alteration of the Learning
Center, the Foundation shall deliver to the City two (2) complete paper sets and one
complete electronic set of"As Built" construction and engineering plans conforming to
the Approved or Revised Approved Plans for the construction or material alteration.
Following submission, the "As Built" plans shall become property of the City.
Ensurinp, Conformance with Plans
The City shall have the right to verify that any construction or material alteration
complies with the corresponding Approved or Revised Approved Plans. The City may
perform any site visits necessary to complete such verification.
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14. CONSTRUCTION AND MATERIAL ALTERATION
Notice
Foundation shall notify City at least 7 days prior to beginning any construction or
material alteration of the Learning Center.
Adequate Funds
Prior to the Foundation executing a contract for construction or material alteration of the
Learning Center, the Foundation shall provide sufficient documentation to the City to
evidence that the Foundation will reasonably and timely have adequate funds available to
meet its obligations under this Agreement and any construction contract.
Buildiny, and Operational Permits
Foundation shall obtain and pay for all necessary permits, licenses, and other approvals
required by or from any governmental agency or entity in connection with the
construction, installation, operation, maintenance, repair, material alteration, or
reconstruction of the Learning Center and use of the Premises or any other City property
related to activities within the scope of this Agreement. The City agrees to cooperate
reasonably with Foundation in executing such documents required for the Foundation to
obtain permits, licenses, or other government approvals needed.
Performance and Payment Bonds
Prior to the commencement of the construction of the Learning Center or any material
alteration or other construction work on the Premises or RGC that costs in excess of
$50,000.00 in the aggregate, the Foundation shall, at no cost or expense to the City, cause
to be made and executed by the construction contractor either one or two separate bonds,
in accordance with Section 2253.021 of the Texas Government Code, as follows:
(1) if the amount of the construction contract awarded is in excess of
$50,000.00:
(a) prior to the date of commencement of construction, the contractor
shall furnish a payment bond in a sum equal to the full amount of
the construction contract awarded; and
(b) said bond shall be for the protection of and use by payment bond
beneficiaries who have a direct contractual relationship with the
construction contractor or anv of its subcontractors who is actually
supplying the public work labor or material.
(2) if the amount of the construction contract awarded is in excess of
$100,000.00, in addition to any bond required under subsection (1) above:
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(a) prior to the date of commencement of construction, the contractor
shall furnish a performance bond in a sum equal to the full amount
of the construction contract awarded; and
(b) said bond shall be conditioned on the faithful performance of
necessary construction and completion of improvements in
accordance with approved final plans, detailed specifications and
contract documents.
The Foundation shall ensure that all required bonds list the City as dual obligee.
Minority- and Women-Owned Businesses
Foundation will use reasonable efforts to cause its contractors to employ minority- and
women-owned businesses in construction or material alteration of the Learning Center.
Public Safety
Foundation shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with construction or material alteration of
the Learning Center and Foundation's use of the Premises. During construction,
Foundation shall provide construction and maintenance signs and sufficient barricades at
work sites to reasonably protect the public and to reasonably inhibit members of the
public from accessing the site of any construction or material alteration. Foundation shall
also ensure that fencing or other barricade material is placed around the Temporary
Staging Area to reasonably inhibit public access to it during the Initial Construction
Period.
Foundation shall utilize appropriate warning lights for any construction or material
alteration activity that requires that one or more traffic lanes be closed or obstructed. The
use of traffic control devices shall be consistent with the standards and provisions of Part
VI of the Texas Manual on Uniform Traffic Control Devices.
Foundation shall also take all necessary precautions and shall provide all necessary
protection to prevent damage, injury, or loss due to construction being performed on
behalf of the Foundation to (a) all persons accessing the Learning Center site or other
portions of the Premises on which any construction is being performed by or on behalf of
the Foundation; and (b) all work performed on the Premises and all materials and
equipment to be incorporated therein that are under the care, custody, or control of' the
Foundation or the Foundation's employees, agents contractors, or subcontractors,
regardless of whether such material and equipment is stored on or off the Premises
(provided, however, that Foundation does not assume any responsibility or liability for its
contractors and subcontractors not otherwise existing at law); and (c) other property on or
adjacent to the Premises.
[.Cage Agreement for L Ne of Portions of Rockwokxd Park and Coif Course Page 14 of 32
Protection of Structures and Equipment
Foundation acknowledges that other persons, including the City, may have structures
and/or equipment on the Premises or RGC. Foundation agrees that it will use
commercially reasonable efforts to protect the integrity of such structures and equipment.
In the event that Foundation's activities may threaten such structures or equipment,
Foundation agrees to immediately notify the City as far in advance as reasonably possible
and to cooperate with the City and the applicable other persons in protecting such
structures and/or equipment.
Minimizing Impact of Vegetation
No structure, building, or appurtenance of any kind shall be placed on the Premises
within the drip line of any tree unless such placement is approved in writing by the Golf
Director. The Foundation shall be authorized to disturb or remove the surface and
subsurface of the Premises and RGC only to the extent provided in Approved Plans or
Revised Approved Plans. In exercising such authority, the Foundation shall use all
reasonable efforts to minimize removal of or damage to existing vegetation, including the
use of orange mesh fencing around the drip line of any tree to protect the tree.
Standards for Construction and Material Alteration of Learning Center
All construction and material alteration of the Learning Center shall be performed (i) at
Foundation's sole cost and expense (other than expressly provided to the contrary
herein); (ii) in a good and workmanlike manner; (iii) in conformance with the applicable
Approved or Revised Approved Plans (minor changes excepted); (iv) in material
conformance with all applicable zoning, engineering, construction, building, safety, and
other laws; (v) in accordance with industry standards of care, skill, and diligence; and (vi)
except as set forth in the applicable Approved or Revised Approved Plans, in such a
manner as shall not adversely affect the structural integrity or maintenance of the
Premises, RGC, any structures on the Premises or RGC, or any lateral support of
structures adjacent to or in the proximity of the Premises or RGC.
In constructing or materially altering the Learning Center, Foundation shall comply with
all applicable provisions of the Americans with Disabilities Act of 1990, Public Law 101-
336, 42 United States Code 12101 et seq, and associated federal, state, and local
regulations as well as with any other state-mandated accessibility requirements.
Restoration of Other Improvements
To the extent any fences or other improvements are destroyed.. removed, or altered in
connection with any construction or material alteration of the Learning Center, the
Foundation will reconstruct and restore such improvements in a good and workmanlike
manner to a condition that is substantially equal to or better than the one in which such
improvements existed prior to commencement of the construction or material alteration.
Lease Agreement for l se of Portions of Pockwood Park and GolfC'ourse page 15 of 12
Restoration Following Subsurface Installation
To the extent construction of the Learning Center requires the Foundation to place any
utilities or other facilities below ground in a trench or bore, the Foundation shall ensure
such trench or bore is promptly filled with clean fill dirt up to the level of surrounding
ground. Foundation shall ensure any fill dirt is compacted to a 90% compression ratio
and in accordance with all applicable laws. Foundation shall provide the City with a
report or other written documentation reasonably satisfactory to the City to demonstrate
that compaction was performed in accordance with this section. Foundation shall ensure
that all excess material excavated from the Premises is removed and properly disposed of
within ten (10) days of excavation.
Final Accounting of Construction Costs
Foundation covenants and agrees that within thirty (30) days of the date that construction
of the Learning Center is complete, Foundation shall provide City an itemized final
accounting of all direct costs associated with construction of the Learning Center
excluding any monetary or in-kind contribution made by the City towards the cost of the
Learning Center. Such itemized final accounting shall be a format substantially similar to
that of the sample accounting attached as Exhibit C.
If the City requires additional reasonable information regarding any of the reported costs
or disputes any aspect of the accounting, the City shall have sixty (60) days in which to
request reasonable additional information or to provide the Foundation with written
notice of any disputed costs. The Foundation shall use all reasonable efforts to provide
the City with requested additional information and explanation and to resolve any alleged
dispute.
In the event that City does not respond to Foundation in writing within sixty (60) days or
that City agrees with the final accounting reported by the Foundation, that number shall
be the basis of any post-termination reimbursement required under Section 29.
Title to Constructed Improvements
City shall, subject to the terms hereof, have the exclusive right, title, and interest in all
permanent structures and improvements constructed by the Foundation on the Premises.
15. OTHER IMPROVEMENTS
Other than the Learning Center, no building or other permanent improvement may be
constructed on the Premises absent a duly authorized written amendment to this
Agreement signed by both parties.
16. DUTIES OF PARTIES WITH RESPECT TO PREMISES AND RGC
lcntie Agrc-ement tier l.ac of['onions of Rocky°ood Pdrk and Golf Course Papge 16 ut
Duty to Communicate
In the event that any incident should occur involving an accident, altercation, or other
incident of note with respect to any program participant, parent of program participant, or
any City or Foundation staff member or volunteer, the Program Director shall notify the
Golf Director as soon as reasonably possible, but under no circumstances any later than
twelve (12) hours after the incident. Notice of the incident will include a brief summary
of the same. Whether an event constitutes such an incident of note shall be determined
by the Program Director in his or her reasonably prudent judgment.
In addition, both Parties shall make a concerted effort to keep each other reasonably
apprized of any issue, development, or anticipated event that the Party believes, in
exercise of its reasonably prudent judgment, might have an adverse impact on the other
Party or otherwise be of interest or import.
Duty to Maintain
Following its construction, the Foundation shall, at its sole cost and expense, keep and
maintain the Learning Center in a structurally safe and sound condition and in good
maintenance and repair at all times throughout the term of this Agreement and any
renewals. In addition, the Foundation shall be responsible for maintenance of all mowing
and landscaping on Tract One of the Premises in conformance with standards that are
equal to or better than those generally in effect for other City golf facilities. The City
shall not be responsible for maintenance of the Center or for the clearing or removal of
trees, shrubs, plants, ice, snow, or debris from the Center or Tract One of the Premises.
With the prior written approval of the Golf Director, which shall not be unreasonably be
withheld, the Foundation may, at its sole expense, install the following signs: (i) one sign
on the entrance marquee to RGC indicating the presence of the Foundation's program,
such sign to be no more than twenty-five percent (25%) of the RGC main entrance
marquee, and (ii) a reasonable number of signs on the Learning Center indicating the
name of the facility and conveying programmatic and directional information. All signs
must be installed and maintained in accordance with all applicable laws and must be
designed to match or complement other signs at RGC with respect to size, color, location,
and manner of display. The Foundation shall, at its sole cost and expense, maintain its
signs in a safe, sightly, and physically good condition.
City shall perform landscaping and other maintenance of Tracts Two through Four in
accordance with City-wide maintenance standards authorized by the City budget adopted
annually by the Fort Worth City Council. City may, in its discretion and without cost to
the Foundation, perform mowing and other basic landscaping on Tract One in
conjunction with performing such activities on the remainder of RGC, provided,
however, that City's performance of such activities shall not serve to relieve Foundation
of its duties or constitute an assumption of responsibility for such activities on an on-
going basis.
Lease Agreement for Lae of Portions of Rockwood Park and Golf Course page 17 of��
Duty to Repair
Foundation shall promptly repair, at its sole expense, any material damage to the
Learning Center, the Premises, or RGC (including any damage to fixtures, structures, or
the natural environment) caused in whole or in part (but only to the extent of the
Foundation's responsibility for the same)by any act or omission of the Foundation or any
of its employees, agents, officers, separate contractors, subcontractor, or anyone visiting
the Premises upon the invitation of the Foundation, including Foundation's youth golf
program participants and their parents. City shall promptly repair any damage caused to
the Learning Center by the act or omission of the City, its agents, employees, separate
contractors, or subcontractors.
The City shall determine in its reasonable judgment whether any damage has been done,
the amount of the damage, the reasonable costs of repairing the damage, and whether,
under the terms of the Agreement, the Foundation is responsible and to what extent the
Foundation's responsibility extends. City shall provide Foundation with reasonably
detailed documentation of alleged damage and costs to repair such damage.
Duty to Protect
Foundation shall not cause or knowingly permit another person to cause any damage to
the Learning Center, the Premises, or RGC. Foundation shall be solely responsible for
any damage that may occur as a result of Foundation's action or inaction (where there is a
duty to act) or the actions or inactions (where there is a duty to act) of another person
acting on behalf of or on permission of the Foundation.
Protection Against Nuisance
Foundation shall not permit the existence of any nuisance on the Premises and shall keep
the Premises in a clean and safe condition and free of any explosive, flammable, or
combustible material that would increase the risk of fire, provided, however, that
Foundation may keep and use Hazardous Materials in accordance with Section 22 so long
as such use is in compliance with all applicable laws. Foundation shall not permit the
accumulation of junk, debris, or other unsightly materials on the Premises.
Merchandise Sales
The Foundation may conduct sales of merchandise containing "The First Tee of Fort
Worth" name, logo, and/or marks in the Learning Center following its completion and at
other locations on the Premises as approved by the Golf Director in his or her reasonable
discretion. However, the Foundation may not sell any non-logo or generic merchandise
or any food or beverages anywhere on the Premises or otherwise directly compete with
food, beverage, or merchandise sales at the RGC pro shop and other City outlets.
Lease Agreement for Lse of Portions of Rockwood Park and Golf Course Page i 8 of 32
Maintenance of Loaned Structures and Equipment
At all times during any term of this Agreement, each Party shall, at that Party's sole cost
and expense, keep and maintain in a structurally sound and safe condition any structure
or equipment that is owned by the other Party and that is made available for use by the
non-owner Party. Following their use, all structures and equipment shall be returned to
the owner Party in a condition that is reasonably equivalent to the condition in which
such structure or equipment existed prior to the non-owner Party's use, reasonable wear
and tear excepted.
17. LIABILITY
The City shall not be liable to the Foundation or its officers, agents, employees, invitees,
licensees, volunteers, or program participants for damages on account of injuries to
persons or property, including injuries resulting in death, due to any of the Foundation's
improvements now or hereafter located on the Premises being improperly constructed or
being or becoming out of repair (unless such condition is due to the negligence or willful
misconduct of the City), and the Foundation hereby waives all defects in the Premises
AND AGREES TO HOLD HARMLESS AND INDEMNIFY THE CITY FROM
ALL CLAIMS FOR DAMAGES ARISING FROM THE CENTER OR
FOUNDATION'S USE OF THE PREMISES (UNLESS SUCH CLAIMS FOR
DAMAGES ARE THE RESULT OF THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF THE CITY).
The Foundation covenants and agrees that the City shall in no way or under any
circumstances be responsible for any property placed on the Premises belonging to the
Foundation, its officers, agents, employees, contractors, subcontractors, invitees,
licensees, volunteers, or program participants that may be stolen, destroyed, or in any
way damaged, and the Foundation hereby indemnifies and holds harmless the City
from and against any and all such claims. The City does not guarantee police
protection and will not be liable for any loss or damage sustained by the Foundation, its
officers, agents, employees, contractors, subcontractors, invitees, licensees, volunteers, or
program participants on any part of the Premises.
18. DAMAGE OR DESTRUCTION
If the Learning Center is substantially damaged or destroyed by fire or any other casualty,
Foundation shall, at the option of Foundation, within ninety (90) days from the date of
the damage or destruction, either begin to repair, reconstruct, or replace the damaged or
destroyed building 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.
Lease Agreement for L;c of f or;ion,of Rockwood Park and Golf Course Page 19 of 32
19. INDEMNIFICATION
Foundation covenants and agrees to and does hereby indemnify, hold harmless, and
defend, at its own expense, City, its officers, servants and employees, from and against
any and all claims or suits for property loss or damage and/or personal injury, including
death, to any and all persons, of whatsoever kind or character, whether real or asserted,
arising out of the acts or omissions of the Foundation, its officers, agents, employees,
subcontractors, invitees, licensees, volunteers, or program participants. Foundation
likewise covenants and agrees to, and does hereby, indemnify and hold harmless City
from and against any and all injuries, damage, loss, or destruction to property of City
during the performance of any of the terms and conditions of this Agreement. However,
the indemnity provided for in this paragraph shall not extend to any liability resulting
from the sole negligence of the City or its officers, agents, employees, or separate
contractors, and, in the event of joint and concurrent negligence of both the Foundation
and the City, responsibility and liability, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas. Nothing herein shall be construed as a
waiver of the City's governmental immunity as further provided by the laws of the State
of Texas.
20. INSURANCE
Duty to Acquire and Maintain
The Foundation shall not commence work under this Agreement until it has obtained all
insurance required herein, and the City has approved such insurance. Nor shall
Foundation allow any subcontractor or subconsultant to commence work on its
subcontract until all similar insurance of the subcontractor or subconsultant has been so
obtained and approved by the City, provided, however, that Foundation may elect to
insure any subcontractor or subconsultant under Foundation's liability policies.
During the term of this Agreement, Foundation shall procure and maintain at all times in
full force and effect a policy or policies of insurance that provide the specific types and
amounts of coverage indicated below and that comply with all of the general
requirements provided herein. In addition, Foundation shall procure and maintain any
additional coverage that a reasonable person would obtain to cover any and all other
public risks related to Foundation's performance of its obligations under this Agreement.
Types and Amounts of Coverage
a. Commercial General Liability (required of Foundation directly and of its
contractors):
S 1,000,000.00 Each Occurrence
$2,000,000.00 Aggregate
Lease Agrce ncstt 1ur Use(,portions ot`kor k�aood Park and Golf Grose Pa1-c-)0 of 3 2
b. Worker's Compensation/Employers Liability (required of Foundation directly and of
its contractors):
$100,000.00 Each Accident/Occurrence
$100,000.00 Disease- Each Employee
$500,000 Disease -policy limit
e. Professional Liability Insurance (required of any design professionals providing
professional services for the development, design and/or construction management of the
Center):
$1,000,000.00 Per Claim and Aggregate
this coverage is obtained on a 'claims made' basis, the design professionals will maintain
coverage continuously in force for a period of not less than three years from the date that a
certificate of occupancy is first issued for the Center.
d. Builders Risk (required of Foundation or its general contractor on the Center throughout
the construction period)
e. Automobile Liability Insurance(required of Foundation directly and of its contractors):
$1,000,000.00 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
General Conditions Applicable to Required Insurance
Certificates of insurance shall be delivered to the City of Fort Worth prior to
commencement of work, addressed to the attention of the Risk Management Division,
1000 Throckmorton Street, Fort Worth, Texas 76102 with a copy to the Golf Director at
the Parks and Community Services Department office.
The City's Risk Manager shall have the right to review and evaluate all required
insurance coverage and to make reasonable requests or revisions pertaining to the types
and limits of that coverage. Foundation and its subcontractors shall comply with such
requests or revisions as a condition precedent to the effectiveness of this Agreement.
Each insurance policy shall be endorsed to provide the City a minimum thirty (30) days'
notice of cancellation, non-renewal, and/or material change in policy terms or coverage,
provided, however, that a ten day notice shall be acceptable in the event of cancellation
for non-payment of premium.
The City and its officers, employees, and servants shall be endorsed as an additional
insured on all insurance policies required under this Agreement except Professional
Liabilitv and Worker's Compensation,
Lease Agreement for L.,e of Portion,of Rockwood Park and Golf Course Page 21 of'?'
All insurance policies required under this Agreement shall be endorsed with a waiver of
subrogation in favor of the City. Insurers shall have no right of recovery of subrogation
against City, 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.
The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any future coverage, or to City's self insured retention of whatever
nature.
Foundation's insurance policies shall each be endorsed to provide that such insurance is
primary protection and that any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
On the request of City, Foundation shall provide complete copies of all insurance policies
required by this Agreement. Current and revised certificates of insurance shall be
delivered to the Risk Management Division of the City of Fort Worth, 1000
Throckmorton Street, Fort Worth, Texas 76102 with copy to the Golf Director at the
Parks and Community Services Department office.
Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
Insurers must be authorized to do business in the State of Texas and have a current A. M.
Best rating of A VII or equivalent measure of financial strength and solvency.
Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved in writing by the City.
The City may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups in lieu of traditional insurance. Prior to employing such
alternative coverage, the Foundation must obtain City's written approval.
City shall not be responsible for the direct payment of insurance premium costs for the
Foundation's insurance. Foundation may be required to provide City with proof of
insurance premium payments.
During any term of this Agreement, Foundation shall report to the City's Risk
Management Division in a timely manner any loss occurrence that could give rise to a
liability claim or lawsuit or that could result in a property loss.
The Foundation's liability shall not be limited to the specified amounts of insurance
required herein
Foundation shall not do or permit to be done anything in or upon any portion of the
Premises, or bring or keep anything therein or thereupon that will in any way conflict
with the conditions of any insurance policy upon the Premises, or any part thereof, or in
Lease Aereement for Lse of Portions of Rock"ood Park and Gofi Course Page 22 of 32
any way increase the rate of fire insurance upon the Premises or on property kept therein,
or in any way obstruct or interfere with the rights of other users of the Premises, or injure
or annoy them.
21. ASSIGNMENT, LIENS, AND MORTGAGE
Except as otherwise provided in this Section, the Foundation may not sell, assign, or
otherwise transfer any of its rights or obligations under this Agreement without the prior,
written consent of the City. Any such attempted assignment without the City's consent
shall be void.
Unless expressly permitted under this Section, the Foundation shall not do any act or
make any contract that may be purported to create or be the foundation of any lien on or
any interest in the Premises or RGC. Any act, contract, or lien attempted to be created in
violation of this Section shall be void. Should any unauthorized purported lien on the
Premises or RGC be created or filed, the Foundation shall, at its sole expense, liquidate
and discharge same within ten (10) days after notice from the City to do so. In the event
an unauthorized purported lien cannot be liquidated within ten (10) days after notice from
the City, Foundation shall initiate proceedings to liquidate and discharge the same within
the ten (10) day period and shall zealously purse such proceedings to ensure liquidation
and discharge within reasonable proximity to such deadline.
City authorizes Foundation to assign and transfer its rights and obligations hereunder to
another non-profit Texas corporation on the following terms and conditions: (a)
Foundation 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 Internal
Revenue Code, and (c) World Golf Foundation, Inc. or its successors 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 non-
profit corporation and the World Golf Foundation. 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 "Foundation" 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 Foundation 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.
City further authorizes the Foundation to mortgage or otherwise encumber the
Foundation's interest in this Agreement and the Learning Center solely for purposes of
financing the construction of the Learning Center. The City agrees to grant in favor of
mortgagee or tender of Foundation all reasonable estoppels, non-disturbance agreements,
default cure periods, and other similar rights as are normally granted in such transactions.
Prior to permitting a mortgagee or lender to obtain a mortgage or otherwise encumber
Foundation's interest in this Agreement or the building, Foundation will use
commercially reasonable efforts to cause such mortgagee or lender to execute a
Uase Agreement for Use of Portions of Rockwood Park and Golf Course Page 23 of 32
Subordination, Non-disturbance and Attornment Agreement ("SNDA") in form and
substance reasonably satisfactory to the City, Foundation, and the mortgagee/lender. The
SNDA, among other things, shall provide that (i) a mortgagee or lender shall have only
those rights granted to the Foundation with respect to the Agreement or building that
serves as the underlying collateral; and (ii) if the mortgagee or lender forecloses or
otherwise enforces its right to divest Foundation of Foundation's interest in such
collateral, then such mortgagee or lender shall take such collateral subject to the terms of
this Agreement.
22. PROTECTION OF THE ENVIRONMENT
The City has no knowledge of any Hazardous Materials on, under, over, or about RGC as
of the execution date of this Agreement and hereby represents and warrants that it shall
not knowingly, nor permit any third party to, use, handle, or store any Hazardous
Materials on, under, over, or about RGC or the Premises in violation of any applicable
laws. Foundation shall not handle or store any Hazardous Materials on the Premises or
RGC, except that the Foundation may, in compliance with applicable environmental
laws, use and store (i) Hazardous Materials in such amounts and types that are commonly
used in connection with the operation of golf courses and clubhouses and (ii) general
cleaning materials that may contain Hazardous Materials. Foundation shall not
introduce, use, generate, store, accept, or dispose of on, under, or about, transport across,
or permit to exist on the Premises or RGC any "treatment, storage or disposal facility" or
"underground storage tank," as those terms are defined under applicable environmental
laws. For purposes of this Agreement, "Hazardous Materials" shall mean potentially
dangerous hazardous wastes, toxic substances, or related materials, including, but not
limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels
(including crude oil or any fraction or derivative thereof); underground storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws.
Any Hazardous Materials used by Foundation on the Premises shall be posted on site and
a list shall be given to City.
Foundation shall not create or aggravate any condition at RGC or the Premises that could
present a threat to human health or to the environment.
23. WAIVER OF IMMUNITY; THIRD PARTIES
To the extent that the Foundation is a charitable organization, corporation, entity, or
individual enterprise having, claiming, or entitled to any immunity, exemption (statutory
or otherwise), or limitation from and against liability for suit or damage or injury to
property or persons under the provisions of the Charitable Immunity and Liability Act of
1987. C.P.R.C., j 84.001 et seq., or other applicable law, the Foundation hereby
expressly waives its right to assert or plead defensively any such immunity, exemption,
or limitation as against City.
Nothing in this Agreement shall be construed in any manner to create a cause of action
for the benefit of any person not a party to this Agreement or to create any rights not
Lease Ag:ecmcnt.for ( se of Pomons of Roc;kuvood Park and Golf Course Page 24 of 32
otherwise existing at law for the benefit of any person not a party to this Agreement.
Nothing in this Agreement shall be deemed to constitute a waiver of any immunity or
affirmative defense that may be asserted by the Foundation or the City as to claims of any
third party.
24. DISCRIMINATION
Foundation agrees that it will not subject anyone to discrimination in any way because of
the person's gender, race, color, sexual orientation, national origin, age, or disability. No
one can be excluded from the Premises or denied the benefits of the Premises because of
person's gender, race, color, sexual orientation, national origin, age, or disability.
25. COMPLIANCE WITH LAWS AND REGULATIONS
(a) In operating under this Agreement, Foundation agrees to materially comply with all
applicable federal, state, and local laws, regulations, and ordinances, including all City
ordinances, charter provisions, and rules, regulations, and requirements of the City's
Police, Fire, Code Compliance, Environmental Management, and Health Departments.
(b) Foundation shall materially comply with all Parks and Community Services
Department regulations, policies, and specific requirements for the golf program and
shall coordinate with City staff with regard to use of the Premises.
(c) Foundation will not knowingly do or suffer to be done anything on said Premises
during the terms of this Agreement in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Agreement.
If the City calls the attention of Foundation to any such violation on the part of said
Foundation or any person employed by or admitted to said Premises by Foundation,
Foundation will immediately (or otherwise as soon as reasonably possible) desist from
and correct such violation and/or vacate the Premises.
26. TAXES
The Foundation acknowledges and agrees that it shall be solely responsible for paying all
taxes assessed or imposed by any governmental entity in connection with the
construction, installation, operation, maintenance, repair, or reconstruction of the
Learning Center and with the use of the Premises or other City property related to
activities within the scope of this Agreement.
27. SURFACE DAMAGES; EMINENT DOMAIN PROCEEDS
The City will be due all proceeds resulting from damages to the Premises related to
easements, mineral exploration, or similar causes.
If any portion of Tract One should be taken for any public or quasi-public use under any
governmental law, ordinance or regulation or by right of eminent domain or by private
l.case Agreement for Use of Portions of Roc kw,,vd Park and Golf Course Pare 25 ot'32
purchase in lieu thereof during the initial term or first renewal period of this Agreement,
(i) the Agreement shall terminate with respect to Tract One; (ii) the rent shall be abated
during the unexpired portion of the then-current term; and (iii) the Foundation shall
receive the lesser of(a) the actual compensation awarded for any taking (or proceeds of
private sale in lieu thereof) attributable to the Learning Center or (b) the amount that the
Foundation would be entitled to under this Agreement if the City had voluntarily
terminated the Agreement as of the effective date of the taking of sale in lieu of taking.
Any excess compensation awarded for any taking (or proceeds of private sale in lieu
thereof) of Tract One, including any and all compensation or proceeds attributable to the
value of the land, shall be the property of the City.
1f any portion of Tract Two should be taken for any public or quasi-public use under any
governmental law, ordinance or regulation or by right of eminent domain or by private
purchase in lieu thereof during the initial term or first renewal period of this Agreement,
(i) the Agreement shall terminate with respect to Tract Two; (ii) the rent shall be abated
during the unexpired portion of the then-current term; and (iii) the Foundation shall
receive the lesser of(a) the actual compensation awarded for any taking (or proceeds of
private sale in lieu thereof) attributable to the driving range or (b) the Foundation's
reasonably documented actual cost for design and construction of the driving range. Any
excess compensation awarded for any taking (or proceeds of private sale in lieu thereof)
of Tract Two, including any and all compensation or proceeds attributable to the value of
the land, shall be the property of the City.
If any portion of Tract Three or Four or any other part of RGC should be taken for any
public or quasi-public use under any governmental law, ordinance or regulation or by
right of eminent domain or by private purchase in lieu thereof during the initial term or
first renewal period of this Agreement, (1) the Agreement shall terminate with respect to
the property in question; (ii) the rent shall be abated during the unexpired portion of the
then-current term; and (iii) the City shall receive all compensation awarded for any taking
(or proceeds of private sale in lieu thereof) of the property in question.
28. FISCAL FUNDING
As to the City's performance of the obligations in this Agreement, the Foundation
acknowledges and agrees that the City is a governmental entity, and because of statutory,
constitutional, and City Charter provisions, the City cannot commit to the funding of its
obligations described herein beyond each fiscal year. Therefore, the funding obligations
of the City described herein are subject to and conditioned upon the City Council of the
City of Fort Worth appropriating for each fiscal year sufficient funds to satisfy such
obligations
If for anv reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill all or part of its obligations under this
Agreement or undertakes to sell or lease all or part of RGC, the Parties shall negotiate in
good faith in an effort to amend this Agreement and provide for continued use of the
Premises by the Foundation without any expense to the City. If the Parties are unable to
Lca�c Agreen nt for L c of Portions of Rockwood Park and Goit Coursc Pagr 20 of i?
agree on terms of such an amendment, the City may terminate this Agreement ("Funding
Termination") to be effective on the later of: (i) thirty (30) days following delivery by
the City to Foundation 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. Notwithstanding the foregoing or anything to the contrary
herein, in the event that City leases or otherwise transfers management control of RGC or
any part thereof to a third party golf course/facilities management or similar company,
such lease or other arrangement shall be subject to the terms hereof.
29. EXPIRATION AND TERMINATION
Termination Without Cause
This Agreement may be terminated by either Party, with or without cause, by providing
the other Party with no less than six months' written notice prior to the intended
termination date.
Termination For Cause
Either Party may terminate this Agreement immediately by providing written notice to
the other Party in the event of: (1) either Party becoming subject to a bankruptcy
proceeding; being adjudicated insolvent; failing to pay its debts generally as they become
due; or seeking or acquiescing to appointment of any trustee, receiver, master, custodian,
or liquidator; or(ii) failure by the other Party to perform any covenant, condition, or term
of this Agreement and such defaulting Party fails to diligently pursue a cure thereof to its
completion after thirty (30)days' written notice specifying such failure of performance or
default. The Party terminating this Agreement for cause shall also be free to pursue any
and all other legally available remedies against the other Party.
Duties Following Termination or Expiration
If the City terminates this Agreement with or without cause during the initial twenty-year
term (including, without limitation, due to a Funding Termination), the City agrees to pay
to Foundation the fair market value of the Learning Center as of the effective date of such
termination. To determine the fair market value of the Learning Center, within fifteen
(15) days from the effective date of termination of the Agreement, the Parties shall select
a single neutral appraiser to determine the fair market value of the Learning Center
("Appraised Value'). If the Parties are unable to agree upon a single neutral appraiser,
then within thirty (30) days following the effective date of termination or expiration of
the Agreement, each Party shall select an appraiser who shall each determine the fair
market value of the Learning Center. In the event the difference between fair market
value of the Learning Center as determined by each of the two appraisers is fifteen
percent (15%) or less (such percentage to be based on the lower determination), the two
values shall be averaged and the resulting average shall be the Appraised Value. In the
event the difference between the fair market value of the Learning Center as determined
by each of the two appraisers is greater than fifteen percent (15%) (such percentage to be
Lease Agricrment for Use of Portions of Rmkwood Paris and Golf Course Page 27 of 32
FORTWORTH Exhibit A
Real Property Description
for Rockwood Golf Course
Ben Hogan Learning Center
A 0.43 acre parcel of land out of the R.O. Reeves Survey Abstract Number 1293 and the
I.P. Thomas Survey Abstract Number 1525, being a portion of the"Open Space" of the
Belmont Gardens Subdivision according to plat recorded in Volume 609. Page 624, Deed
Records, Tarrant County, Texas and, a portion of Lot 1, Block 1, Rockwood Golf Course
Addition according to plat recorded in Cabinet A, Slide 613, Plat Records, Tarrant
County, Texas and being a portion of that certain tract of land as conveyed to the City of
Fort Worth by deed recorded in Volume 968, Page 144, Deed Records, Tarrant County,
Texas, and being more particularly described using bearings on the Texas Coordinate
System, North Central Zone,N.A.D. 83 via the City of Fort Worth Integrated G.P.S.
Network as follows:
BEGINNING at a 518" iron rod with a red plastic cap marked"City of Fort Worth Survey
Div. set for the north corner of the herein described parcel from which a 5/8" iron rod
found at angle point in southeast line of said Lot 1, bears South 50 degrees 00 minutes 00
seconds East, 27.53 feet and North 30 degrees 34 minutes 18 seconds East 31.31 feet;
THENCE: South 50 degrees 00 minutes 00 seconds East, 95.0 feet to a 5/8" iron rod
with a red plastic cap marked "City of Fort Worth Survey Div." set
THENCE: South 40 degrees 00 minutes 00 seconds West, 55.0 feet to a 5/8" iron rod
with a red plastic cap marked "City of Fort Worth Survey Div." set;
THENCE: South 10 degrees 00 minutes 00 seconds West, 42.0 feet to a 5/8" iron rod
with a red plastic cap marked"City of Fort Worth Survey Div." set;
THENCE: South 20 degrees 00 minutes 00 seconds East, 51.0 feet to a 5/8" iron rod with
a red plastic cap marked"City of Fort Worth Survey Div." set;
THENCE: South 70 degrees 00 minutes 00 seconds West, 86.0 feet to a mark "+" cut in
concrete;
THENCE: North 20 degrees 00 minutes 00 seconds West, 135.29 feet to a 5/8" iron rod
with a red plastic cap marked "City of Fort Worth Survey Div." set, from which a 5/8"
iron rod found at angle point, situated North 67 degrees 16 minutes 37 seconds East, 48.0
feet from the most south corner of said Lot 1, bears South 20 degrees 00 minutes 00
seconds East 31.39 feet and South 71 degrees 06 minutes 35 seconds West, 39.35 feet;
TRANSPORTATION AND PUBLIC WORKS DEPARTMKNT
SMVZ-i]NG SEWWn
TnF Git of F6n Wore * 901 Camp Bogie Blvd West • Fonr WcMM Trx,*s 76116
817 392-7925 4 F.sr 817-392-7895 JO
THENCE: North 40 degrees 00 minutes 00 seconds East, 123.70 feet to the Place of
Beginning and containing some 0.43 acres (18,948 square feet) of land, more or less.
Surveyed on the ground in November of 2010.
Basis of Bearings: City of Fort Worth Integrated G.P.S. Network, N.A.D. 83, North
Central Texas Zone. Distances are ground measurements.
"In accordance with the Texas Board of Professional land Surveying, General Rules of
Procedures and Practices, 663.19(9),this "report"consist of the legal description
included herein, and a Map of Survey.
BENHOGANCENTERHKHBNM.DOC
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Rockwood Golf Course Proposed Waterline
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CUSTOMER BREAKDOWN OF COST
LOCATION: Future First Tee of Fort Worth DESCRIPTION: Prop. 373 Lf 8"Water Extension
1951 Jacksboro Hwy. w/Fire Hydrant&6"Fire Line
DATE: 2/7/2011 ESTIMATED BY: DC OFFICE PROJECT NO.: P253-6011701018 1012-03
DOE NO. 6018
ITEM NO. DESCRIPTION QUANTITY UNIT PRICE SUB-TOTAL
"PART A"COST
W2 6"PVC Pipe 5 Lf 35.00 175.00
W3 8"PVC Pipe 20.5 Lf 45,00 922.50
W14 8"Ductile Iron Carrier Pipe 101 Lf 52.00 5252.00
W20 24"Casing Pipe Bore/Jack w/Pressure Grout 101 Lf 265.00 26765.00
W27 6"Gate Valve w/Cast Iron Box&Lid 1 Ea 750.00 750.00
W28 8"Gate Valve w/Cast Iron Box&Lid 1 Ea 1000.00 1000.00
W40 Cast Iron/Ductile Iron Fittings< 16"Dia. 0.2655 Tn 4000.00 1062.00
W97 Job Move In 0.5 Ea 3000.00 1500.00
W99 Hydro Mulch Seeding 20.5 Lf 5.00 102.50
W114 Min. 2"HMAC on 2:27 Concrete Base 14 Lf 50.00 700.00
W122 Traffic Control Plan Design&Installation 0.5 Ea 300.00 150.00
AW-127 Revised Traffic Control Permit Fee 0.5 Ea 75.00 37.50
Fittings: 8"x 8"Tee @ 260 lbs., 8"x 6"Tee @ 241 lbs. & 6"Plug @ 30 lbs.
"Part A"Cost $38,416.50
Engineering @ 10% $3,841.65
Total"Part A"Cost $42,258.15
"PART B"COST
W2 6"PVC Pipe 5 Lf 35.00 175.00
W3 8"PVC Pipe 251.5 Lf 45.00 11317.50
W27 6"Gate Valve w/Cast Iron Box&Lid 1 Ea 750.00 750.00
W40 Cast Iron/Ductile Iron Fittings< 16"Dia. 0.3855 Tn 4000.00 1542.00
W41 Standard Fire Hydrant, X-6"Bury Depth 1 Ea 2500.00 2500.00
W97 Job Move In 0.5 Ea 3000,00 1500.00
W99 Hydro Mulch Seeding 229.5 Lf 5.00 1147.50
Fittings: 8"x 6"Tee @ 241 lbs., (2)8"45 deg. Bends @ 160 lbs.,
8"22.5 deg Bend @ 160 lbs. & 8"Plug @ 50 lbs.
"Part B"Cost $18,932.00
Engineering Q 10% 1,893.20
Total"Part B"Cost $20,825.20
ESTIMATED CONSTRUCTION COST $ 57348,50
CONTINGENCIES @ 0% 0.00
SUB-TOTAL $ 57348,50
ENGINEERING @ 10% 5734.85
TOTAL ESTIMATED PROJECT COST $ 63083.35
TOTAL"PART A"COST $ 42258.15
TOTAL "PART B"COST $ 20825.20
`EXHIBIT C: SAMPLE ACCOUNTING
Item No Description of Work Amount
Base Building Improvements
1 General Conditions
2 Supervision
3 Project Management
4 Demolition
5 Earthwork
6 Pavement Striping
7 Underground Utilities Fire Line&FDC
8 Landscaping
Concrete
9 Reinforcing Material
10 Reinforcing Labor
11 Concrete Material
12 Concrete Labor
13 Sturctural Steel roof deck repair)
Roof in
14 Roofing-Demo
15 Roofing-Materials
16 Roofing-Labor
17 Roofing-Metal Coping
Paintin
18 Painting-Materials
19 Painting-Labor
20 Knox Box
Fire Protection
21 Fire Sprinkler-Shop Drawings
22 Fire Sprinkler- Materials
23 Fire Sprinkler-Labor
24 Plumbing
HVAC
25 Ductwork-Materials
26 Ductwork-Labor
27 HVAC Equipment-Materials
28 HVAC Equipment- Labor
29 Grilles- Materials
30 Grilles- Labor
31 Temperature Controls
Electrical
32 Conduit/Boxes -Labor
33 Conduit/Boxes-Material
34 Wire-Labor
35 Wire-Materials
36 Panels&Gear-Labor
37 Panels&Gear-Materials
38 Light Fixtures- Labor I
i 39 Light Fixtures - Material
Page 1 of 3
149M No Description of Work Amount
Fire Alarm S stem
40 Fire Alarm- Materials
41 Fire Alarm- Labor
Base Building Subtotal
42 Contractors Fee
43 Remodel Tax
Base Building Totals
Tenant Immovements
44 General Conditions
45 Coordination Drawings
46 Supervision
47 Project Demolition
48 Shoring
49 Earthwork
Concrete
50 Reinforcing Material
51 Reinforcing Labor
52 1 Concrete Material
53 Concrete Labor
54 Masonry
Structural Steel
55 Structural Steel-Materials
56 Structural Steel-Labor
57 Rough Carpentry
Millwork
58 Millwork-Materials
59 Millwork-Labor
60 Sealants/Caulking
Doors-Frames-Hardware
61 Wood Door- Material
62 Steel Doors&Frames-Materials
63 Steel Doors&Frames-Labor
64 Finish Hardware-Materials
65 Door&Hardware Installation
Storefront and Glazing
66 Aluminum Storefront-Materials
67 Glazing-Materials
68 Aluminum/Glazing-Labor
ail- la ion-Geilin s
69 Acoustical Ceiling-Materials
70 Acoustical Ceiling-Labor
71 Metal Studs-Material
72 Metal Studs-Labor
Page 2 of 3
Aerft No Description of Work Amount
73 Drywall-Material
74 Drywall-Labor
Car et-V T-Base
75 Flooring-Materials
76 Flooring-Labor
Ceramic Tile
77 Tile-Materials
78 Tile-Labor
79 Stained and Sealed Concrete
Paintin
80 Painting-Materials
81 Painting-Labor
82 Toilet Accessories
83 Fire Exti ng uishers/Cabinets
Plumbin
84 Plumbing Fixtures-Materials
85 Plumbing Fixtures-Labor
86 Plumbing Rough-Materials
87 Plumbing Rough-Labor
88 Plumbing above floor finish Materials
89 Plumbing above floor finish Labor
90 Electrical
91 Conduit/Boxes-Labor
92 Conduit/Boxes-Materials
93 Wire-Labor
94 Wire-Materials
95 Wiring Devices-Labor
96 Wiring Devices-Material
97 LV Lighting System- Labor
98 LV Lighting System -Materials
99 Li ht Fixtures-Labor
100 Light Fixtures- Materials
101 Empty Conduit-Labor
102 Empty Conduit-Materials
Tenant Improvements Subtotal
103 Contractor's Fee
104 Remodel Tax
Tenant Improvement Total
Total Pro'ect Cost
Page 3 of 3
M&C Review Page 1 of 2
+ Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR
COUNCIL ACTION: Approved on 11/16/2010
DATE: 11/16/2010 REFERENCE NO.: **C-24605 LOG NAME: 80FIRSTTEE2
CODE: .0 TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amended and Restated Lease Agreement with the Fort Worth
Junior Golf Foundation, Inc., d/b/a The First Tee of Fort Worth, for Portions of Rockwood
Park and Golf Course for the Development, Construction and Operation of a Youth Golf
Practice Facility/Learning Center (COUNCIL DISTRICTS 2 and 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amended and
restated lease agreement with the Fort Worth Junior Golf Foundation, Inc., d/b/a The First Tee of Fort
Worth, for portions of Rockwood Park and Golf Course for the development, construction and
operation of a youth golf practice facility/learning center.
DISCUSSION:
Since 2003, portions of Rockwood Park and Golf Course have been leased to the local chapter of
The First Tee program for purposes of developing, constructing and operating a youth golf practice
facility/learning center (City Secretary Contract Nos. 28959, 33818 and 35314). The First Tee was
founded in 1997 as a national initiative of the World Golf Foundation, Inc., with a mission "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."
Since its inception, The First Tee program has impacted over 750,000 young people nationwide. The
First Tee of Fort Worth (TFTFW) currently has over 2,500 enrollees in their program and comes into
contact with more than 12,000 children annually through community outreach programs and local
schools.
TFTFW and many other local groups require a central place to teach people how to play golf. Since
the current lease was executed in 2003, TFTFW has paid for the cost of developing and constructing
a driving range at Rockwood Park and Golf Course and has been working to raise funds for the
development, construction and operation of a youth golf practice facility/learning center. Thanks to
recent donations, TFTFW is prepared to begin construction in the next few months with a goal of
completing the project by the middle of next year.
TFTFW is currently in the process of finalizing financial arrangements for the construction and has
requested that the City agree to revise the current lease to address concerns raised by TFTFW's
financial institution. Because the current lease has already undergone two amendments, staff is
recommending that a new amended and restated lease be authorized.
The main terms of the proposed agreement are:
1. A twenty year lease period with a 20 year renewal option;
2. $1.00 per year monetary consideration plus in-kind consideration in the form of operation of a golf
education and development program to provide young people of all backgrounds an opportunity to
develop life-enhancing values such as confidence, perseverance, and judgment through golf and
character education;
3. Use of an identified tract consisting of approximately 1/2 acre adjacent to existing Rockwood Golf
Course Clubhouse for construction of the learning center;
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14406&councildate=l 1/16/2010 3/15/2011
M&C Review Page 2 of 2
4. A9,0 4uction costs of learning center to be paid by TFTFW;
5. Annual operating expenses of learning center to be paid by TFTFW with exception of water and
sewer costs which will be paid for by the City;
6. TFTFW to install an eight inch water line to provide fire protection and potable water in a sufficient
quantity to serve the-new Rockwood clubhouse if and when it is built as well as TFTFW learning
center;
7. City's Golf Fund to reimburse TFTFW for one-half of the cost of initial installation of the water line
when construction begins on the new Rockwood clubhouse;
8. TFTFW to have use of one-half of the hitting stations on the driving range during scheduled class
times with other stations remaining open to the public;
9. City to proceed with plans to develop and construct practice holes on a portion of the old Trinity
Nine course and to provide TFTFW a discount of at least 25 percent off of the lowest offered rate for
use of the practice holes after they are constructed;
10. If the agreement is terminated by the City prior to the end of the initial 20-year term, the City
would pay TFTFW the fair market value of the building based on an independent appraisal. If the
agreement is not renewed or is terminated during the second 20-year term, the City would pay
TFTFW the cost of the building's construction less straight-line depreciation calculated on a 40-year
period.
Rockwood*Park and Golf Course is located in COUNCIL DISTRICTS 2 and 7 serving all citizens.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Nancy Bunton (5717)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 4406&councildate=11/16/2010 3/15/2011